The URL can be used to link to this page

Home My WebLink AboutCC 2009-04-23 Marked AgendaCity of Miami Marked Agenda City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, April 23, 2009 9:00 AM City Hall Commission Chambers CONTENTS Items through 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 PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) The Planning and Zoning item(s) shall not be considered before 10:00 am. M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS Cij• o,111 balm Page 1 Panted on 4/24/2009 City Commission Marked Agenda April 23, 2009 D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 23rd day of April 2009, 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 Sanchez at 9:33 a.m., recessed at 12:31 p.m., reconvened at 2:48 p.m., and adjourned at 5:09 p.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers at 10:07 a.m. ALSO PRESENT: Pedro G. Hernandez, City Manager Julie O. Bru, City Attorney Pamela E. Burns, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 09-00401 PRESENTATION Honoree Presenter Protocol Item The State of Mayor Diaz Proclamation Israel Day Gilad Shalit - Mayor Diaz Honorary Israeli Soldier Citizenship Jazz Appreciation Mayor Diaz Proclamation Month Adrienne Salute Arsht Center - Larry Rosen UM Frost School Salute of Music - Dr. Shelton G. Berg WDNA Radio Salute Station - Maggie Pellaya United Way Mayor Diaz Certificates Ambassadors Pedro G. of and Participants Hernandez Appreciation City Manager Special Presentation Mayor's Special "Green Awards" 09-00401 Protocol.pdf PRESENTED 1. Mayor Diaz presented a Proclamation in honor of the 53rd Anniversary of the State of Israel, proclaiming Thursday, the 23rd day of April, in the year 2009, as The State of Israel Day. 2. Mayor Diaz presented an Honorary Citizenship to Gilad Shalit, Israeli soldier, in homage to his steadfast dedication to military service in the armored corps of the State of Israel, his outstanding service, goodwill and commitment to duty guarding and ensuring the security of the settlements around Gaza, and his youthful attempt at reconciliation and peace through the publishing, at the age of 11, of the book, When the Shark and the Fish First Met. 3. Mayor Diaz presented Special Green Awards to individuals who have made important contributions to green initiatives in City of Miami communities. City of Miami Page 3 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 4. Mayor Diaz presented a proclamation proclaiming the month of April in the year 2009, as JAM!, Jazz Appreciation Month. 5. Mayor Diaz presented a Salute to Larry Rosen of the Adrienne Arsht Center for the Performing Arts to pay tribute to the jazz programming of the Adrienne Arsht Center for the Performing Arts and to praise the Center's determination to provide South Floridians access to authentic jazz performances. 6. Mayor Diaz presented a Salute to Dean Shelton G. Berg of the Phillip and Patricia Frost School of Music at the University of Miami to pay tribute to the Phillip and Patricia Frost School of Music at the University of Miami and to honor its leadership in developing jazz partnerships. 7. Mayor Diaz presented a Salute to Maggie Pelleya of 88.9 FM WDNA Radio Station to pay tribute to WDNA's quality programming and to honor its determination to provide access to authentic jazz music to South Florida listeners. 8. Chair Sanchez recognized participants of Bring Your Child to Work Day 2009. MAYORAL VETOES (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Regular Commission Meeting of March 12, 2009 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion to APPROVED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones Special Commission Meeting of March 19, 2009 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion to APPROVED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones Planning and Zoning Meeting of March 26, 2009 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion to APPROVED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones City of Miami Page 4 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 END OF APPROVING MINUTES ORDER OF THE DAY CONSENT AGENDA CA.1 09-00357 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT Fire -Rescue (S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "EMS COUNTY GRANT C#8013 AWARD (FISCAL YEAR 2009-2010," IN AN AMOUNT NOT TO EXCEED $82,907, CONSISTING OF A GRANT APPORTIONED BY MIAMI-DADE COUNTY, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES ("EMS") PROGRAM ENTITLED "FLORIDA EMS GRANT PROGRAM COUNTIES;"AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 09-00357 Legislation.pdf 09-00357 Exhibit 1.pdf 09-00357 Exhibit 2.pdf 09-00357 Summary Form.pdf 09-00357 Fund Title.pdf 09-00357 Letter.pdf 09-00357 Letter 2.pdf 09-00357 Mail.pdf 09-00357 Financial Services.pdf 09-00357 Credit Statement.pdf 09-00357 EMS County Grant.pdf 09-00357 Memo.pdf 09-00357 Pre Resolution.pdf 09-00357 Letter 3.pdf 09-00357 EMS County Grant Application.pdf 09-00357 Attachment I.pdf 09-00357 Attachment II.pdf 09-00357 Attachment 1 2.pdf R-09-0189 This Matter was ADOPTED on the Consent Agenda. CA.2 09-00358 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF DIGITAL MULTIFUNCTIONAL COPIER/PRINTER, FROM XEROX CORPORATION, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UTILIZING EXISTING SCHOOL BOARD OF MARION COUNTY CONTRACT NO. 3029JD, EFFECTIVE THROUGH SEPTEMBER 30, 2009, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE SCHOOL BOARD OF MARION COUNTY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO City of Miami Page 5 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00358 Legislation.pdf 09-00358 Summary Form.pdf 09-00358 Maintenance Plan.pdf 09-00358 Webpage.pdf 09-00358 Webpage 2.pdf 09-00358 Webpage 3.pdf 09-00358 Webpage 4.pdf 09-00358 FSMA Renewal Price.pdf 09-00358 Portofolio of Services 1 .pdf 09-00358 Webpage 5.pdf 09-00358 RFP Evaluation.pdf 09-00358 Contact Info.pdf 09-00358 RFP.pdf 09-00358 Portofolio of Services 2.pdf 09-00358 Xerox Terms and Conditions .pdf R-09-0190 This Matter was ADOPTED on the Consent Agenda. CA.3 09-00359 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Recreation THE FIRST AMENDMENT TO THE CONCESSION AGREEMENT WITH KARLEN FOODS, INC. (D/B/A TROPICS CATERING), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE CONCESSION OPERATIONS AT THE CITY OF MIAMI RIVERSIDE CENTER CAFETERIA ("CAFETERIA"), FOR THE SPECIFIC PURPOSE OF PERMITTING THE CITY OF MIAMI'S PROJECT SEARCH JOB TRAINING PROGRAM FOR DEVELOPMENTALLY CHALLENGED YOUNG ADULTS, TO CONDUCT THEIR OPERATIONS AND ACTIVITIES AT THE TIMES SPECIFIED IN SAID AMENDMENT, AND TO CONDUCT SUCH ACTIVITIES WITHIN A CERTAIN DESIGNATED AREAS OF THE CAFETERIA AS DESCRIBED IN "EXHIBIT A-1," ATTACHED AND INCORPORATED. 09-00359 Legislation.pdf 09-00359 Exhibit 1.pdf 09-00359 Summary Form.pdf 09-00359 Consession Agreement.pdf R-09-0191 This Matter was ADOPTED on the Consent Agenda. CA.4 09-00409 RESOLUTION District4- A RESOLUTION OF THE MIAMI CITY COMMISSION CREATING A Commissioner COLLABORATIVE PARTNERSHIP BETWEEN THE CITY OF MIAMI Tomas Regalado (DEPARTMENT OF FIRE -RESCUE) AND THE AMERICAN HEART ASSOCIATION FOR IMPLEMENTATION OF A PUBLIC SERVICE CAMPAIGN TO INCREASE AWARENESS ABOUT BYSTANDER CARDIOPULMONARY RESUSCITATION; DIRECTING THE CITY MANAGER TO ASSIGN THE NECESSARY PERSONNEL AND City of Miami Page 6 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 RESOURCES TO CREATE SUCH A PROGRAM. 09-00409 Legislation.pdf R-09-0192 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: Marc David Sarnoff SECONDED: Tomas Regalado AYES: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado ABSENT: Commissioner Spence -Jones END OF CONSENT AGENDA City of Miami Page 7 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 PUBLIC HEARINGS PH.1 09-00361 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT IT IS PRACTICABLE AND MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES; AUTHORIZING THE NEGOTIATION AND EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE UNIVERSITY OF MIAMI GORDON CENTER FOR RESEARCH IN MEDICAL EDUCATION, FOR THE DEPARTMENT OF FIRE -RESCUE, TO CONTINUE, WITHOUT INTERRUPTION, THE DELIVERY OF THE EMERGENCY RESPONSE TO TERRORISM TRAINING FOR THE MIAMI URBAN AREA'S FIRST RESPONDERS, INCLUDING EQUIPMENT, COURSE DELIVERY, OUTCOMES ASSESSMENT AND QUALITY IMPROVEMENT, EFFECTIVE MARCH 1, 2009, UNTIL THE END OF THE URBAN AREA SECURITY INITIATIVE ("UASI") 2007, 2008 AND 2009 GRANT, OR UNTIL ALL DELIVERABLES ARE MET, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, TO COINCIDE WITH ANY AND ALL THE APPROVED EXTENSIONS TO ANY OF THE UASI GRANTS, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $220,000; ALLOCATING FUNDS FROM THE UASI GRANTS, SUBJECT TO BUDGETARY APPROVAL. 09-00361 Legislation.pdf 09-00361 Exhibit 1.pdf 09-00361 Exhibit 2.pdf 09-00361 Summary Form.pdf 09-00361 Memo 1.pdf 09-00361 Memo 2.pdf 09-00361 Notice to the Public.pdf 09-00361 Notice and Contact.pdf 09-00361 Certificate of Insurance.pdf 09-00361 UofM ERT Renewal.pdf 09-00361 Budget Request.pdf 09-00361 2008 Budget .pdf 09-00361 2009 Miami SFUASI Budget.pdf 09-00361 Letter.pdf 09-00361 Summary Report.pdf R-09-0193 MOVED: Angel Gonzalez SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City of Miami Page 8 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 PH.2 09-00362 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER & LIGHT COMPANY, A FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE STRIP OF CITY -OWNED PROPERTY LOCATED AT 400 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, (ALSO KNOWN AS THE COLLEGE OF POLICING), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF OVERHEAD AND UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. 09-00362 Legislation.pdf 09-00362 Exhibit 1.pdf 09-00362 Exhibit 2.pdf 09-00362 Exhibit 3.pdf 09-00362 Summary Form.pdf 09-00362 Memo.pdf 09-00362 Notice of Public Hearing.pdf R-09-0194 MOVED: Angel Gonzalez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones PH.3 09-00181 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT ("AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND RICKENBACKER MARINA, INC., A FLORIDA CORPORATION ("RICKENBACKER"), TO PROVIDE FOR AN EXTENSION OF THE TERM; A RENT INCREASE; FOR COMPLETION OF CAPITAL IMPROVEMENTS TO BE MADE BY RICKENBACKER, AT ITS SOLE COST; AND WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AMENDMENT. City of Miami Page 9 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 09-00181 Legislation.pdf 09-00181 Exhibit 1.pdf 09-00181 Exhibit 2.pdf 09-00181 Exhibit 3.pdf 09-00181 Summary Form.pdf 09-00181 Memo.pdf 09-00181 Notice of Public Hearing.pdf 09-00181 Master Report.pdf R-09-0204 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez END OF PUBLIC HEARINGS City of Miami Page 10 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 FR.1 09-00363 Virginia Key Beach Park Trust FR.2 09-00402 Honorable Mayor Manny Diaz ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "PARKS AND RECREATION/VIRGINIA KEY BEACH PARK TRUST," MORE PARTICULARLY BY AMENDING SECTION 38-233, TO AMEND THE LIMITATION ON TERM OF OFFICE OF THE VIRGINIA KEY BEACH PARKS TRUST; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00363 Legislation.pdf 09-00363 Summary Form.pdf 09-00363 VK Ordinance.pdf MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Tomas Regalado Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS," BY ADDING A NEW DIVISION 20 AND SECTIONS ESTABLISHING THE EDUCATION ADVISORY BOARD ("BOARD"); AMENDING SECTION 2-892, ENTITLED "'SUNSET' REVIEW OF BOARDS;" SETTING FORTH THE BOARD'S PURPOSE, POWERS, AND DUTIES; PROVIDING FOR COMPOSITION, APPOINTMENTS, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS, QUORUM, VOTING, MEETINGS, COUNSEL, STAFF, BUDGET APPROVAL, ANNUAL REPORT, FINANCIAL DISCLOSURE, ABOLITION AND SUNSET REVIEW; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-00402 Legislation.pdf MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Commissioner Sarnoff to the City Manager to ensure that through the grant process, the administrative expense to the City of Miami, together with the employee City of Miami Page 11 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 expense, can be included to ensure there is zero impact to the City's budget. Direction by Vice Chair Spence -Jones to the City Manager to reevaluate existing boards to determine if each are serving a purpose still needed by the City. END OF FIRST READING ORDINANCES City of Miami Page 12 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 RESOLUTIONS RE.1 09-00366 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing TERMINATION OF THE INVITATION FOR BID CONTRACT NO. 70054, WITH FISHER SCIENTIFIC COMPANY L.L.C. AND LABSOURCE, INC, PURSUANT TO SECTION 2.29, B., "TERMINATION FOR CONVENIENCE"; ACCEPTING THE BIDS RECEIVED FEBRUARY 3, 2009, PURSUANT TO INVITATION FOR BIDS NO. 107067,4, FROM VARIOUS LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE RE -PROCUREMENT OF WORK AND LATEX GLOVES (INCLUDING ADDITIONAL GLOVES NOT CONTAINED IN THE PRIOR BID CONTRACT), ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00366 Legislation.pdf 09-00366 Summary Form.pdf 09-00366 Corporation.pdf 09-00366 Corporation 2.pdf 09-00366 Corporation 3.pdf 09-00366 Award Recommendation Approval Form.pdf 09-00366 Tabulation of Bid.pdf 09-00366 Invitation for Bid.pdf R-09-0195 MOVED: Marc David Sarnoff SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Commissioner Sanchez RE.2 09-00295 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Information ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY Technology MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL 75163 ISSUED JUNE 6, 2008 ("RFP") THAT THE PROPOSAL SUBMITTED BY BELLSOUTH COMMUNICATION SYSTEMS, LLC D/B/A AT&T COMMUNICATIONS SYSTEMS SOUTHEAST ("AT&T") IS RESPONSIVE TO THE RFP REQUIREMENTS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH AT&T, FOR THE PROVISION OF NETWORK BACKBONE EQUIPMENT MAINTENANCE, FOR A PERIOD TO TWO (2) City of Miami Page 13 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 YEARS, WITH OPTION(S) TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY AND BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER AFTER CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND TO EXECUTE, SUCH FURTHER RELATED AGREEMENTS AND AMENDMENTS FOR THE NETWORK BACKBONE EQUIPMENT MAINTENANCE SYSTEM, PROVIDED THAT SUCH RELATED AGREEMENTS AND AMENDMENTS ARE IN ACCORDANCE WITH THE RFP, ARE AT NO ADDITIONAL COST TO THE CITY, AND DO NOT EXTEND TIME. 09-00295 Legislation.pdf 09-00295 Exhibit.pdf 09-00295 Summary Form.pdf 09-00295 Memo.pdf 09-00295 Evaluation Form.pdf 09-00295 Request for Proposals.pdf 09-00295 Backbone Maintenance Proposal.pdf 09-00295 Addendum NO. 1.pdf 09-00295 Report.pdf 09-00295 Master Agreement.pdf 09-00295 Scope of Work.pdf 09-00295 Technical Solution.pdf 09-00295 Equipment - Services.pdf 09-00295 Servers Proposal.pdf 09-00295 Software Support.pdf 09-00295 Monthly Pricing 1.pdf 09-00295 Monthly Pricing 2.pdf 09-00295 Technician Rates.pdf 09-00295 Service Request.pdf 09-00295 Smartnet Service.pdf R-09-0196 MOVED: Angel Gonzalez SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Commissioner Sanchez RE.3 09-00187 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND RICKENBACKER MARINA, INC. A FLORIDA FOR PROFIT CORPORATION (THE "LICENSEE"), FOR THE USE OF APPROXIMATELY 20,594 SQUARE FEET, OR 0.473 ACRES, OF CITY -OWNED PROPERTY LOCATED AT 3301 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING ADDITIONAL PARKING FOR THE City of Miami Page 14 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 LICENSEE'S OPERATION, COMMENCING FROM THE EFFECTIVE DATE, WITH THE LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY OF $500, PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, AND PROVIDING FOR THE CANCELLATION OF THE EXISTING REVOCABLE PERMIT SIMULTANEOUSLY WITH ENTERING INTO THE AGREEMENT, WITH ALL AMOUNTS PAID TO THE CITY TO BE RESERVED IN A SPECIAL ACCOUNT BY THE FINANCE DEPARTMENT FOR CAPITAL IMPROVEMENTS, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 09-00187 Legislation.pdf 09-00187 Exhibit.pdf 09-00187 Summary Form.pdf R-09-0205 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez RE.4 09-00188 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND RICKENBACKER MARINA, INC. A FLORIDA FOR PROFIT CORPORATION (THE "LICENSEE"), FOR THE USE OF APPROXIMATELY 1,440 SQUARE FEET, OR 0.033 ACRES, OF CITY -OWNED PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING A BOAT LAUNCHING RAMP FOR LICENSEE'S OPERATION, COMMENCING FROM THE EFFECTIVE DATE, WITH THE LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY OF $4,500, PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, WITH TEN PERCENT (10%) OF THE AMOUNTS PAID TO THE CITY TO BE RESERVED IN A SPECIAL ACCOUNT BY THE FINANCE DEPARTMENT FOR CAPITAL IMPROVEMENTS, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 09-00188 Legislation.pdf 09-00188 Exhibit.pdf 09-00188 Summary Form.pdf R-09-0206 MOVED: Marc David Sarnoff City of Miami Page 15 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 SECONDED: Tomas Regalado Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez RE.5 09-00400 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING A PARTIAL SETTLEMENT IN THE CASE OF CITY OF MIAMI AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY V. MIAMI-DADE COUNTY, CASE NO. 07-46851 CA 31, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CONVEYING CERTAIN PROPERTY FOR THE EXPANSION OF THE LYRIC THEATER; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY. 09-00400 Legislation.pdf 09-00400 Exhibit 1.pdf 09-00400 Exhibit A.pdf 09-00400 Exhibit B.pdf 09-00400 Exhibit C.pdf 09-00400 Exhibit A 2.pdf 09-00400 Exhibit D.pdf 09-00400 Exhibit A 3.pdf 09-00400 Memo.pdf R-09-0197 MOVED: Michelle Spence -Jones SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Commissioner Sarnoff RE.6 09-00417 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Capital ACCEPTANCE OF A GRANT FROM THE SOUTHEAST OVERTOWN/PARK Improvements WEST COMMUNITY REDEVELOPMENT AGENCY, IN AN AMOUNT NOT Program TO EXCEED $1,000,000, FOR THE RENOVATION OF GIBSON PARK LOCATED AT 401 NORTHWEST 12 STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT AND ALL DOCUMENTS NECESSARY FOR SAID PURPOSE. 09-00417 Legislation.pdf 09-00417 Summary Form.pdf 09-00417 Memo.pdf 09-00417 Pre Legislation.pdf 09-00417 Map.pdf City of Miami Page 16 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 R-09-0198 MOVED: Michelle Spence -Jones SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Commissioner Sarnoff RE.7 09-00289 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOURTH AMENDMENT ("FOURTH AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT TO ENTER INTO GROUND LEASE ( "AGREEMENT TO ENTER") AND TO THE GROUND LEASE ( "GROUND LEASE"), BETWEEN THE CITY OF MIAMI ("CITY") AND FLAGSTONE ISLAND GARDENS, LLC ("FLAGSTONE"), TO PROVIDE FOR: (1) PHASED DEVELOPMENT ON A COMPONENT BY COMPONENT BASIS; (2) EXTENDING THE CONSTRUCTION PERIOD FROM THIRTY-SIX (36) MONTHS TO SIXTY (60) MONTHS; (3) PRO -RATED PHASED DEVELOPMENT RENT, IN ADDITION TO THE CONSTRUCTION RENT OF ONE MILLION DOLLARS ($1,000,000) A YEAR; (4) CERTAIN MILESTONE DATES IN THE TIMELINES FOR CONSTRUCTION COMMENCEMENT AND OTHER DEVELOPMENT MATTERS; AND (5) SECURITY DEPOSIT(S) ON A COMPONENT BY COMPONENT BASIS; FURTHER AUTHORIZING THE CITY MANAGER AFTER CONSULTATION WITH THE CITY ATTORNEY TO NEGOTIATE AND TO EXECUTE SUCH FURTHER AMENDMENTS TO THE AGREEMENT TO ENTER AND TO THE GROUND LEASE, AS MAY BE NECESSARY FROM TIME TO TIME AND TO ACCOMPLISH CONSTRUCTION ON A COMPONENT BY COMPONENT BASIS, PROVIDED THAT SUCH AMENDMENTS ARE NOT SUBSTANTIAL AND (A) ARE IN ACCORDANCE WITH THE MEGA YACHT MARINA AND MIXED USE WATERFRONT DEVELOPMENT REQUEST FOR PROPOSALS AND ALL ADDENDA THERETO; (B) ARE IN ACCORDANCE WITH THE VOTER REFERENDUM OF NOVEMBER 6, 2001; (C) WOULD RESULT IN NO REVENUE REDUCTION TO THE CITY; AND (D) WOULD NOT EXTEND THE CONSTRUCTION PERIOD PAST THE SIXTY (60) MONTH PERIOD. 09-00289 Legislation.pdf 09-00289 Exhibit.pdf 09-00289 Summary Form.pdf 09-00289-Submittal-Stephen Herbits.pdf 09-00289-Email-Joshua Stein.pdf R-09-0207 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City of Miami Page 17 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones A motion was made by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, and was passed unanimously, to allow a public hearing on item RE.7. Direction by Vice Chair Spence -Jones to the City Manager to ensure that the Flagstone project will utilize local labor pools and local businesses during its construction. RE.8 09-00403 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO Improvements A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE Program ATTACHED FORM, WITH LEO A. DALY CO., THE HIGHEST -RANKED FIRM, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 08-09-017, TO PROVIDE ARCHITECTURAL AND ENGINEERING SERVICES FOR THE STADIUM SITE PARKING PROJECT, B-30648, IN THE TOTAL AMOUNT NOT TO EXCEED $4,900,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-30648. 09-00403 Legislation.pdf 09-00403 Exhibit.pdf 09-00403 Summary Form.pdf R-09-0200 MOVED: Angel Gonzalez SECONDED: Marc David Sarnoff UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Vice Chair Spence -Jones to the Administration to work with District 5 on the creation of a small business ordinance and have the ordinance brought back in June. Direction by Chair Sanchez to the Administration that due to the economic situation and for the protection of local companies, requirements be created whereby the headquarters of the company be required to be established locally, and to look into the implementation of a two-year residency requirement for these companies doing business with the City. RE.9 09-00419 RESOLUTION City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TEMPORARY ADVANCE FROM THE GENERAL FUND BALANCE IN AN AMOUNT NOT TO EXCEED NINE MILLION DOLLARS ($9,000,000) AND DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI, FLORIDA TO ISSUE SPECIAL OBLIGATION NON AD VALOREM REVENUE BONDS IN ORDER TO, AMONG OTHER THINGS, REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH SPECIAL OBLIGATION NON AD VALOREM REVENUE BONDS FOR FUNDS TEMPORARILY ADVANCED BY THE CITY FROM THE GENERAL FUND BALANCE FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO THE DESIGN AND CONSTRUCTION OF THE PARKING FACILITY AT THE NEW MARLINS BASEBALL STADIUM LOCATED AT THE FORMER ORANGE BOWL SITE; ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AND AUTHORIZING City of Miami Page 18 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 CERTAIN INCIDENTAL ACTIONS BY THE CITY MANAGER AND OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. 09-00419 Legislation.pdf 09-00419 Summary Form.pdf WITHDRAWN END OF RESOLUTIONS City of Miami Page 19 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 DI.1 09-00149 DISCUSSION ITEM DISCUSSION ITEM City Manager's PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING Office BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: -AUDIT ADVISORY BOARD -URBAN DEVELOPMENT REVIEW BOARD (UDRB) -NUISANCE ABATEMENT BOARD 09-00149 Memo.pdf 09-00149 Audit Advisory Committee Report.pdf 09-00149 Urban Development Review Board.pdf 09-00149 Annual Report 2008.pdf DISCUSSED END OF DISCUSSION ITEM City of Miami Page 20 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 10:00 am. PZ.1 09-00141mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE MIAMI BALLPARK PROJECT, TO BE LOCATED AT APPROXIMATELY 1501 NORTHWEST 3RD STREET, 1350 NORTHWEST 4TH STREET, 1390 AND 1680 NORTHWEST 5TH STREET, 1380 AND 1610 NORTHWEST 6TH STREET AND 1600 NORTHWEST 7TH STREET, MIAMI, FLORIDA, IN ORDER TO CONSTRUCT A MIXED -USE COMPLEX INCLUDING A BALLPARK STADIUM WITH RETRACTABLE ROOF OF APPROXIMATELY 269 FEET, 0 INCHES A.G.L. AT TOP, WITH 37,000 SEATS; APPROXIMATELY 61,678 SQUARE FEET OF ACCESSORY RETAIL SPACE; APPROXIMATELY 96 RESIDENTIAL UNITS, AND 5,809 OFF-STREET PARKING SPACES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1501 NW 3rd Street, 1350 NW 4th Street, 1390 and 1680 NW 5th Street, 1380 and 1610 NW 6th Street and 1600 NW 7th Street [Commissioner Joe Sanchez - District 3] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on April 1, 2009 by a vote of 6-1. *See supporting documentation. PURPOSE: This will allow the development of the Miami Ballpark project. City of Miami Page 21 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 09-00141mu Zoning Map.pdf 09-00141 mu Aerial Map.pdf 09-00141mu Projects in the Vicinity.pdf 09-00141mu PAB Reso.pdf 09-00141 mu Vol. I. Outside Binder Cover.pdf 09-00141 mu Vol. I. Inside Binder Cover.pdf 09-00141 mu Table of Contents.pdf 09-00141 mu Vol. I. Sec. A.1. Letter of Intent.pdf 09-00141 mu Vol. I. Sec. A.2. Major Use Special Permit Application.pdf 09-00141 mu Vol. I. Sec. A.3. Zoning Division Analysis for Public Hearing.pdf 09-00141mu Vol. I. Sec. A.4. Legal Description.pdf 09-00141 mu Vol. I. Sec. A.5. Miami Zoning Atlas & Miami Comprehensive Neighborhood Plan 1\ 09-00141mu Vol. I. Sec. A.6. Project Data Sheet.pdf 09-00141mu Vol. I. Sec. A.7. Directory of Principals.pdf 09-00141 mu Vol. I. Sec. A.8. Owners Affidavit & Authorization; city of Miami Lobbyist Registratic 09-00141 mu Vol. I. Sec. A.9. Miami -Dade County Property Appraiser Print -Out & Deeds.pdf 09-00141 mu Vol. I. Sec. A.10. List of Property Owners Within 500 Feet of Property.pdf 09-00141 mu Vol. I. Sec. A.11. Miami -Dade County School Board Concurrency Managment Sys1 09-00141mu Vol. I. Sec. B.1. Section 1304 Information, Application Forms; Supplementary MatE 09-00141 mu Vol. I. Sec. B.2. Section 1305 Criteria Analysis.pdf 09-00141mu Vol. I. Sec. B.3. Section 1702 Information, General Report; Developmental Impact 09-00141mu Vol. I. Sec. C.1. Economic Impact Study.pdf 09-00141mu Vol. I. Sec. C.2. Housing Study.pdf 09-00141mu Vol. I. Sec. C.3. Site Utility Study.pdf 09-00141mu Vol. I. Sec. C.4. Environmental Impact Analysis.pdf 09-00141 mu Vol. I. Sec. C.5. Preliminary Public Safety & Emergency Management Plan.pdf 09-00141 mu Vol. I. Sec. C.6. Minority Construction Employment Plan.pdf 09-00141mu Vol. II. Outside Binder Cover.pdf 09-00141mu Vol. II. 7. Design Development Plans.pdf 09-00141 mu Vol. III. Outside Binder Cover.pdf 09-00141mu Vol. III. 8. Traffic Study Sufficiency Letter.pdf 09-00141 mu Vol. III. 8. Traffic Study Attachment I. FDOT & Person -Trip level of Service.pdf 09-00141 mu Vol. III. 8. Traffic Study Attachment II. Traffic Data.pdf 09-00141 mu Vol. III. 8. Traffic Study Attachment III. Historic Counts.pdf 09-00141 mu Vol. III. 8. Traffic Study Attachment IV. Programmed Transportation Improvements 09-00141 mu Vol. III. 8. Traffic Study Attachment V. Committed Development Information.pdf 09-00141 mu Vol. III. 8. Traffic Study Attachment VI. Intersection Analyses.pdf 09-00141 mu Vol. III. 8. Traffic Study Attachment VII. Bus Transit Information for the Routes AdjE 09-00141 mu Vol. III. 8. Traffic Study Attachment VIII. Transportation Control Measures Plan.pdf 09-00141 mu Vol. III. 8. Traffic Study Attachment IX. Traffic Methodology.pdf 09-00141 mu Vol. III. 8. Traffic Study Attachment X. Timothy Haahs & Associates Inc. Drawings. 09-00141 mu Analysis.pdf 09-00141 mu Miami -Dade Aviation Department Letter.pdf 09-00141mu Public School Concurrency.pdf 09-00141mu CC Legislation (Version 2).pdf 09-00141 mu Exhibit A.pdf 09-00141mu Exhibit B.pdf 09-00141 mu CC 04-23-09 Fact Sheet.pdf R-09-0199 MOVED: Angel Gonzalez SECONDED: Michelle Spence -Jones City of Miami Page 22 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones PZ.2 08-01083v RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY DENYING VARIANCES PURSUANT TO ARTICLE 19, SECTION 1901, ET. SEQ., FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, TO ALLOW A RELAXATION OF THE TERMS OF THE ORDINANCE FOR REQUIRED OFF-STREET PARKING SPACES, TO WAIVE 13 OF THE REQUIRED 16 PARKING SPACES (GRANDFATHERED 3, PROPOSED 0) (NEW RESTAURANT USE); AND TO ALLOW A RELAXATION OF THE TERMS OF THE ORDINANCE FOR OPEN SPACE, TO WAIVE 1,290 SQUARE FEET, PROPOSED 1,192 SQUARE FEET (2,482 SQUARE FEET MINIMUM REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2898 BISCAYNE BOULEVARD, MIAMI, FLORIDA. 08-01083v Analysis.PDF 08-01083v Zoning Map.pdf 08-01083v Aerial Map.pdf 08-01083v Application & Supporting Docs.PDF 08-01083v Zoning Write Up.PDF 08-01083v Plans.pdf 08-01083v ZB Reso.pdf 08-01083v Appeal Letter.PDF 08-01083v Exhibit A.pdf 08-01083v CC Legislation (Version 3) - NEW.pdf 08-01083v CC Legislation (Version 4) - NEW.pdf 08-01083v CC 04-23-09 Fact Sheet.pdf R-09-0203 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez PZ.3 08-01463ii RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) DENYING OR GRANTING THE APPEAL BY OSCAR FAMILIA, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING OR DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 08-0138, ISSUED BY THE PLANNING City of Miami Page 23 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 DIRECTOR ON NOVEMBER 7, 2008, TO ALLOW A RESTAURANT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3484 MAIN HIGHWAY, MIAMI, FLORIDA. LOCATION: Approximately 3484 Main Highway [Commissioner Marc David Sarnoff - District 2] APPELLANT(S)/APPLICANT(S): Oscar Familia, Representative, on behalf of Eclectic Developers, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the Class II Special Permit. ZONING BOARD: Granted the appeal by Paul J. Schwiep, Esquire, on behalf of Karl and Barbara Lange, Abutting Property Owners, on February 9, 2009 by a vote of 5-1. *See supporting documentation. PURPOSE: The approval of this appeal will reverse the decision of the Zoning Board and allow a restaurant. 08-01463ii CC Zoning Map.pdf 08-01463ii Aerial Map.pdf 08-01463ii Class II Appeal Letter.pdf 08-01463ii Class II Final Decision.pdf 08-01463ii Zoning Referral.pdf 08-01463ii Hold Harmless Affidavit.pdf 08-01463ii Plans.pdf 08-01463ii ZB Reso.pdf 08-01463ii ZB Appeal Letter & Supporting Docs.pdf 08-01463ii CC Corporation Document.pdf 08-01463ii CC Warranty Deed.pdf 08-01463ii CC Legislation (Version 3).pdf 08-01463ii CC Legislation (Version 4).pdf 08-01463ii Exhibit A.pdf MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones absent, to continue item PZ.3 to the City Commission meeting currently scheduled for May 28, 2009. PZ.4 07-01268mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE 1700 BISCAYNE BOULEVARD PROJECT, TO BE LOCATED AT APPROXIMATELY 1700 BISCAYNE BOULEVARD, 221, 235, 239 & 249 NORTHEAST 17TH STREET City of Miami Page 24 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 AND 222 & 230 NORTHEAST 17TH TERRACE, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE COMPLEX COMPRISED OF THE FOLLOWING: 1) TOWER #1, FACING BISCAYNE BOULEVARD AND HOUSING 261 RESIDENTIAL UNITS AND 289 HOTEL ROOMS, FOR A TOTAL OF 576,174 SQUARE FEET OF FLOOR AREA, AND 2) TOWER #2, FACING NORTHEAST 2ND AVENUE, HOUSING 358 RESIDENTIAL UNITS, WITH A TOTAL OF 520,328 SQUARE FEET OF FLOOR AREA. THE PROJECT WILL INCLUDE 140,281 SQUARE FEET OF RETAIL SPACE AND WILL PROVIDE A TOTAL OF APPROXIMATELY 1,369 OFF-STREET PARKING SPACES. TOWER #1 WILL HAVE A MAXIMUM HEIGHT OF 603 FEET, 0 INCHES A.G.L. (607 FEET, 0 INCHES A.M.S.L.) AT THE TOP OF THE PARAPET. TOWER # 2 WILL HAVE A MAXIMUM HEIGHT OF 543 FEET, 0 INCHES A.G.L. (550 FEET, 0 INCHES A.M.S.L.) AT THE TOP OF THE PARAPET; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1700 Biscayne Boulevard, 221, 235, 239 & 249 NE 17th Street and 222 & 230 NE 17th Terrace [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Biscayne Arts, LLC, Miami Proarts II, Inc. and Brickell North Investments, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on March 18, 2009 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development the 1700 Biscayne Boulevard project. City of Miami Page 25 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 07-01268mu Zoning Map.pdf 07-01268mu Aerial Map.pdf 07-01268mu Projects in the Vicinity.pdf 07-01268mu PAB Reso.pdf 07-01268mu Outside Binder Cover.pdf 07-01268mu Inside Binder Cover. pdf 07-01268mu Table of Contents.pdf 07-01268mu I.A. Application for a Major Use Special Permit.pdf 07-01268mu I.B. Disclosure of Ownership.pdf 07-01268mu I.C. Ownership Affidavit.pdf 07-01268mu I.D. Miscellaneous Documents.pdf 07-01268mu I.E. Directory of Project Principals.pdf 07-01268mu I.F. Project Data Sheet & Zoning Write-Up.pdf 07-01268mu I.G. City of Miami Zoning Atlas Map & Future Land Use Map.pdf 07-01268mu II.A. Zoning Ordinance No. 11000.pdf 07-01268mu III.A. Supporting Documents.pdf 07-01268mu 111.1. Minority Construction Employment Plan.pdf 07-01268mu 111.2. Traffic Impact Analysis.pdf 07-01268mu 111.3. Site Utility Study.pdf 07-01268mu 111.4. Economic Impact Study.pdf 07-01268mu 111.5. Survey of Property.pdf 07-01268mu 111.6. Drawings Submitted.pdf 07-01268mu 111.7. Environmental Impact Analysis.pdf 07-01268mu Analysis.pdf 07-01268mu Disclosure to Support or Withhold Objection.pdf 07-01268mu Traffic Sufficiency Letter. pdf 07-01268mu Miami -Dade Aviation Department Comments.pdf 07-01268mu School Board Concurrency.pdf 07-01268mu CC Legislation (Version 2).pdf 07-01268mu Exhibit A.pdf 07-01268mu Exhibit B.pdf 07-01268mu CC 04-23-09 Fact Sheet.pdf R-09-0201 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Commissioner Sanchez PZ.5 09-00029zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 32, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS," BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "R-2" TWO-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 4227 NORTHWEST 5TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; City of Miami Page 26 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 4227 NW 5th Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on behalf of American Welding Society, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on February 9, 2009 by a vote of 5-1. See companion File ID 09-00029xc. PURPOSE: This will change the above property to "R-2" Two -Family Residential with an "SD-12" Buffer Overlay District. 09-00029zc Analysis.pdf 09-00029zc Zoning Map.pdf 09-00029zc Aerial Map.pdf 09-00029zc Letter of Intent.pdf 09-00029zc Application & Supporting Docs.pdf 09-00029zc ZB Reso.pdf 09-00029zc CC Legislation (Version 2).pdf 09-00029zc Exhi bit A.pdf 09-00029zc CC 04-23-09 Fact Sheet.pdf 13061 MOVED: Tomas Regalado SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez PZ.6 09-00029xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 612, "SD-12" SPECIAL BUFFER OVERLAY DISTRICTS, CONDITIONAL ACCESSORY USES, TO ALLOW A SURFACE PARKING LOT TO SERVE THE ABUTTING PROPERTY, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 550 NORTHWEST 42ND AVENUE AND 4227 NORTHWEST 5TH STREET, MIAMI, FLORIDA. City of Miami Page 27 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 LOCATION: Approximately 550 NW 42nd Avenue and 4227 NW 5th Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on behalf of American Welding Society, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. ZONING BOARD: Recommended approval with conditions* to City Commission on March 9, 2009 by a vote of 7-0. See companion File ID 09-00029zc. *See supporting documentation. PURPOSE: This will allow surface parking. 09-00029xc Analysis.pdf 09-00029xc Zoning Map.pdf 09-00029xc Aerial Map.pdf 09-00029xc Application & Supporting Docs.pdf 09-00029xc CC Zoning Write-Up.pdf 09-00029xc Plans.pdf 09-00029xc ZB Reso.pdf 09-00029xc CC Legislation (Version 2).pdf 09-00029xc Exhi bit A.pdf 09-00029xc CC 04-23-09 Fact Sheet.pdf R-09-0202 MOVED: Tomas Regalado SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez PZ.7 09-00027Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES, SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1400 NORTHWEST 27TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 28 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 PZ.8 LOCATION: Approximately 1400 NW 27th Avenue [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Tony's Standard Services, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 18, 2009 by a vote of 7-0. See companion File ID 09-00027zc. PURPOSE: This will change the above property to "Restricted Commercial". 09-000271u Analysis.pdf 09-000271u Land Use Map.pdf 09-000271u Aerial Map.pdf 09-000271u PAB Reso.pdf 09-000271u School Board Concurrency.pdf 09-000271u Letter of Intent.pdf 09-000271u Application & Supporting Documentation.pdf 09-000271u CC Legislation (Version 2).pdf 09-000271u & 09-00027zc Exhibit A.pdf MOVED: Angel Gonzalez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 09-00027zc ORDINANCE First Read ing AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 26, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 1400 NORTHWEST 27TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 29 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 PZ.9 LOCATION: Approximately 1400 NW 27th Avenue [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Tony's Standard Services, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on March 9, 2009 by a vote of 7-0. See companion File ID 09-000271u. PURPOSE: This will change the above property to "C-1" Restricted Commercial. 09-00027zc Analysis.pdf 09-00027zc Zoning Map.pdf 09-00027zc Aerial Map.pdf 09-00027zc Letter of Intent.pdf 09-00027zc Application & Supporting Docs.pdf 09-00027zc Corporation's Power of Attorney.pdf 09-00027zc ZB Reso.pdf 09-00027zc CC Legislation (Version 2).pdf 09-000271u & 09-00027zc Exhibit A.pdf MOVED: Angel Gonzalez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 09-00143zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 35, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "HP" HISTORIC PRESERVATION OVERLAY DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 138 NORTHWEST 16TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 30 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 LOCATION: Approximately 138 NW 16th Avenue [Commissioner Joe Sanchez - District 3] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 4, 2009 by a vote of 6-0. PURPOSE: This will change the above property to "R-3" Multifamily Medium -Density Residential with an "HP" Historic Preservation Overlay District. 09-00143zc Analysis.pdf 09-00143zc Zoning Map.pdf 09-00143zc Aerial Map.pdf 09-00143zc PAB Reso.pdf 09-00143zc Application & Supporting Documents.pdf 09-00143zc CC Legislation (Version 2).pdf 09-00143zc-Submittal-Dade Heritage Days 2009.pdf 09-00143zc-Submittal -Photo. pdf MOVED: Joe Sanchez SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF PLANNING AND ZONING ITEMS City ofMiami Page 31 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS City of Miami Page 32 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 City of Miami Page 33 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 City of Miami Page 34 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 City of Miami Page 35 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 09-00392 DISCUSSION ITEM DISCUSSION ABOUT DEVELOPING A COLLABORATIVE PARTNERSHIP BETWEEN THE CITY OF MIAMI AND LEGAL SERVICES OF GREATER MIAMI TO CREATE A PROGRAM TO ADDRESS HOMELESSNESS PREVENTION AND FORECLOSURES. 09-00392 Memo.pdf DISCUSSED Direction by Commissioner Regalado to the Administration requesting that the Administration meet with Legal Services of Greater Miami, Inc. to develop a program to help residents with the issue of foreclosure and come back to the Commission with a report within the next 30 days. END OF DISTRICT 4 City of Miami Page 36 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES END OF DISTRICT 5 City of Miami Page 37 Printed on 4/24/2009 City Commission Marked Agenda April 23, 2009 NON -AGENDA ITEMS NA.1 09-00455 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $500, TO CO-SPONSOR THE ST. MICHAEL THE ARCHANGEL CHURCH AND SCHOOLS 2009 SPRING FESTIVAL, TO BE HELD ON SUNDAY, MAY 3, 2009; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS BUDGET, ACCOUNT NO. 001000.921054.6.289. 09-00455-Legislation. pdf R-09-0208 MOVED: Tomas Regalado SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Regalado and Spence -Jones Commissioner Gonzalez and Sanchez NA.2 09-00454 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE WAIVER OF THE FACILITY RENTAL FEE, IN THE AMOUNT OF $500, FOR THE USE OF THE MIAMI ROWING CLUB, ON FRIDAY, MAY 8, 2009, FOR THE "FRIENDS OF MARINE STADIUM", TO HAVE A SYMPOSIUM WITH STUDENTS FROM THE UNIVERSITY OF MIAMI; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS BUDGET, ACCOUNT N O.00001.980000.882000.0000.0000. 09-00454-Legislation. pdf R-09-0209 MOVED: Tomas Regalado SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Regalado and Spence -Jones Commissioner Gonzalez and Sanchez City of Miami Page 38 Printed on 4/24/2009