HomeMy WebLinkAboutCC 2009-09-24 AgendaCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Agenda
Thursday, September 24, 2009
9:00 AM
PLANNING & ZONING
City Hall Commission Chambers
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 Commission
Meeting Agenda September 24, 2009
ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE NO.
11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE
CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS,
AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS
AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL.
ANY PERSON OR ENTITY REQUESTING APPROVAL, RELIEF OR OTHER ACTION FROM THE
CITY COMMISSION OR ANY OF ITS BOARDS, AUTHORITIES, AGENCIES, COUNCILS OR
COMMITTEES CONCERNING ANY ISSUE, SHALL DISCLOSE IN WRITING, AT THE
COMMENCEMENT (OR CONTINUANCE) OF THE HEARING(S) ON THE ISSUE THE FOLLOWING
INFORMATION:
1. WHETHER ANY CONSIDERATION HAS BEEN PROVIDED OR COMMITTED, DIRECTLY, OR
ON ITS BEHALF, TO ANY ENTITY OR PERSON FOR AN AGREEMENT TO SUPPORT OR
WITHHOLD OBJECTION TO THE REQUESTED APPROVAL, RELIEF OR ACTION;
2. TO WHOM THE CONSIDERATION HAS BEEN PROVIDED OR COMMITTED;
3. THE NATURE OF THE CONSIDERATION, AND
4. A DESCRIPTION OF WHAT IS BEING REQUESTED IN EXCHANGE FOR THE
CONSIDERATION.
THE DISCLOSURE FORM WHICH IS AVAILABLE FROM THE CITY CLERK MUST BE READ INTO
THE RECORD BY THE REQUESTING PERSON OR ENTITY PRIOR TO SUBMISSION TO THE
SECRETARY/CLERK OF THE RESPECTIVE BOARD.
PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY
VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS
FOLLOWING THE COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO
OCCURS, OVERRIDE SUCH VETO BY A FOUR -FIFTHS VOTE OF THE COMMISSIONERS THEN
PRESENT.
ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES
BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER
AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION
TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY
VOTE OF THE COMMISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING
OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER
REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE
COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO
QUIETLY.
THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND
THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS
AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY
CLERK IN CITY HALL, AT MIAMI RIVERSIDE CENTER, OR ON-LINE AT WWW.MIAMIGOV.COM.
ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING
IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC
HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS
POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY
CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD
City ofMiami Page 2 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER.
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Formal action may be taken on any item discussed or added to this Agenda. Any person, or
persons, wishing to appeal any decision made by the City Commission with respect to any
matter considered at this meeting or hearing, will require a verbatim record of the proceeding
upon which the appeal is based. Any person with a disability requiring auxiliary aids and
services for meetings may call the City Clerk's Office, 250-5360, with requests at least two
business days before the meeting date.
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The City Commission has established a policy that the lunch recess will begin at the
conclusion of deliberations of the agenda item being considered at Noon; further, that
Commission meetings shall adjourn (a) at the conclusion of deliberation of the agenda item
being considered at 10:00 p.m., unless the time is extended by unanimous agreement of the
members of the City Commission then present or (b) at the conclusion of the regularly
scheduled agenda, whichever occurs first. This rule does not apply when the City
Commission is engaged in its annual budget hearings (Ordinance 12586).
City ofMiami Page 3 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
CONTENTS
Items may be heard in the numbered
sequence or as announced by the Commission
PR - PRESENTATIONS AND PROCLAMATIONS
MV - MAYORAL VETOES
AM - APPROVING MINUTES
CA - CONSENT AGENDA
Item 1 which is comprised of items CA.1 through CA.5 may be heard
in the number sequence or as announced by the Commission
SPECIALLY SCHEDULED ITEM
PH - PUBLIC HEARINGS
10:30 A.M.-Transfer Homelessness Prevention Funds
10:30 A.M.-Implement Homelessness Prevention Policies
SR - SECOND READING ORDINANCES
FR - FIRST READING ORDINANCES
RE - RESOLUTIONS
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
D3 - DISTRICT 3 ITEMS
D4 - DISTRICT 4 ITEMS
D5 - DISTRICT 5 ITEMS
City ofMiami Page 4 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
PRESENTATIONS AND PROCLAMATIONS
PR.1 09-01060 PRESENTATION
Honoree Presenter Protocol Item
Hector Lima Mayor Diaz Salute
Special Presentations
The EPA awards
the City of Miami
a $500,000 Brownfields
Job Training
Grant with Funds supported
by the American Recovery
and Reinvestment Act
signed by
President Barack Obama.
09-01060 Protocol.pdf
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:
Planning & Zoning Meeting of July 23, 2009
Special Commission Meeting of August 6, 2009
Special Commission Meeting of August 6, 2009 on Miami 21
Budget Workshop of August 14, 2009
END OF APPROVING MINUTES
City ofMiami Page 5 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
CONSENT AGENDA
Unless a member of the City Commission wishes to remove a specific item from this portion of the
agenda, Items CA.1 through CA.5 constitute the Consent Agenda. These resolutions are
self-explanatory and are not expected to require additional review or discussion. Each item will be
recorded as individually numbered resolutions, adopted unanimously by the following motion.
"...that the Consent Agenda comprised of items CA.1 through CA.5 be adopted..."
The Presiding Officer or City Clerk shall state the following: "Before the vote on adopting items
included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that
wishes to speak on any item in the Consent Agenda. Hearing none, the vote on the adoption of the
Consent Agenda will now be taken.
CA.1 09-00932 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
Parks and RESOLUTION NO. 07-0573, ADOPTED OCTOBER 11, 2007, BY
Recreation REPLACING THE IDENTIFIED SPECIAL REVENUE FUNDING SOURCES
OF THE CITY OF MIAMI'S REQUIRED TOTAL CASH MATCH FROM THE
DEPARTMENT OF PARKS AND RECREATION BUDGET SURPLUS
FISCAL YEAR 2002 (PARKS AND RECREATION ROLLOVER), PROJECT
29-119002, AWARD NO. 1281, IN THE AMOUNT NOT TO EXCEED
$37,315 AND FROM THE DEPARTMENT OF PARKS AND RECREATION
ORDINANCE 10425- RECREATION ACTIVITY -CONSOLIDATED PROJECT
29-116002, AWARD NO. 1179, IN THE AMOUNT NOT TO EXCEED
$15,000, FOR A TOTAL AMOUNT NOT TO EXCEED $52,315;
ALLOCATING SAID FUNDS FROM A NEW IDENTIFIED SPECIAL
REVENUE FUNDING SOURCE FROM THE DEPARTMENT OF PARKS
AND RECREATION HANDICAPPED DIVISION FUNDRAISING, PROJECT
29-110032, AWARD 1178.
09-00932 Legislation.pdf
09-00932 Summary Form.pdf
09-00932 Resolution.pdf
CA.2 09-00978 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Public Works ATTACHMENT(S), ACCEPTING THE BID OF SUPERIOR LANDSCAPING
AND LAWN SERVICE, INC., IN ACCORDANCE WITH THE LOCAL
PREFERENCE OPTION IN SECTION 18-85(A) OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, PURSUANT TO INVITATION
FOR BIDS NO. 08-09-036, RECEIVED AUGUST 11, 2009, FOR THE
PROJECT ENTITLED "TRAFFIC CIRCLES MAINTENANCE CONTRACT,
M-0020," FOR A TWO (2) YEAR PERIOD, IN AN ANNUAL AMOUNT NOT
TO EXCEED $109,880, FOR A TOTAL TWO (2) YEAR CONTRACT
AMOUNT OF $219,760, TOTAL BID, AS STATED ON THE FORMAL BID
DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT
FACT SHEET, WITH THE OPTION TO RENEW FOR UP TO THREE (3)
ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO
EXCEED $109,880; ALLOCATING SAID FUNDS, FROM ACCOUNT NO.
202000.534000; AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID
City ofMiami Page 6 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
PROJECT; FURTHER AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXECUTE SAID OPTIONS TO RENEW SUBJECT TO THE
AVAILABILITY OF FUNDING AND THE CONTRACTORS PERFORMANCE.
09-00978 Legislation.pdf
09-00978 Exhibit.pdf
09-00978 Summary Form.pdf
09-00978 Letter .pdf
09-00978 Unit Prices.pdf
09-00978 Letter 2.pdf
09-00978 General Condition.pdf
City ofMiami Page 7 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
CA.3 09-00979 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID
Police RECEIVED AUGUST 26, 2009, PURSUANT TO INVITATION FOR BIDS
NO. 163128, FROM C.A. MECHANICAL, FOR AIR CONDITIONING
MAINTENANCE AND REPAIR SERVICES AT VARIOUS POLICE
FACILITIES, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR,
WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR
PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF
FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE
AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME
OF NEED.
09-00979 Legislation.pdf
09-00979 Summary Form.pdf
09-00979 Award Recommendation.pdf
09-00979 Tabulations of Bids.pdf
09-00979 Quote 904113 (1).pdf
09-00979 Quote 904113 (2).pdf
09-00979 Quote 911109 (1).pdf
09-00979 Quote 911109 (2).pdf
09-00979 Quote 910109 (1).pdf
09-00979 Quote 910109 (2).pdf
09-00979 Quote 908110 (1).pdf
09-00979 Quote 908110 (2).pdf
09-00979 Quote 911111 (1).pdf
09-00979 Quote 911111 (2).pdf
09-00979 Addendum N04.pdf
09-00979 Addendum NO.1.pdf
09-00979 Central Headquarters.pdf
09-00979 Invitation for Bid.pdf
CA.4 09-01010 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING THE
Purchasing AWARD TO D'LALY CATERING CORPORATION, PURSUANT TO
INVITATION FOR BID NO. 122066; AND AWARDING THE BID TO
GREATER MIAMI CATERERS, INC., THE SECOND LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER FOR THE PROCUREMENT
OF AFTER SCHOOL SNACKS ON AN AS -NEEDED CONTRACTUAL
BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH
THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF
FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY
OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED.
City ofMiami Page 8 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
CA.5 09-00889
City Manager's
Office
09-01010 Legislation. pdf
09-01010 Summary Form.pdf
09-01010 Award of Bid.pdf
09-01010 Letter .pdf
09-01010 E-mail.pdf
09-01010 Invitation for Bid.pdf
09-01010 Formal Invitation To Bid.pdf
09-01010 Registered Caterer Info..pdf
09-01010 Addendum NO. 1.pdf
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING AMONG THE SOUTH FLORIDA
WORKFORCE INVESTMENT BOARD, THE CITY OF MIAMI, AND MIAMI
DADE COLLEGE, IN SUBSTANTIALLY THE ATTACHED FORM,
ESTABLISHING A PARTNERSHIP TO CREATE GREEN JOBS TRAINING
PROGRAMS.
09-00889 Legislation.pdf
09-00889 Summary Form.pdf
Exhi bit. pdf
END OF CONSENT AGENDA
City ofMiami Page 9 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
SPECIALLY SCHEDULED ITEM
SS.1 09-00923a RESOLUTION
Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Waste ATTACHMENT(S), RELATING TO THE PROVISION OF SOLID WASTE
SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI,
FLORIDA; IMPOSING SOLID WASTE ASSESSMENTS AGAINST
ASSESSED PROPERTY LOCATED WITHIN THE CITY OF MIAMI FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AT THE SAME RATE
APPROVED FOR FISCAL YEAR 2008-2009; CERTIFYING THE RATE OF
ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING
FOR AN EFFECTIVE DATE.
09-00923a Legislation.pdf
09-00923a Exhibit 1.pdf
09-00923a Exhibit 2.pdf
09-00923a Exhibit 3.pdf
09-00923a Summary Form.pdf
END OF SPECIALLY SCHEDULED ITEM
City ofMiami Page 10 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
PUBLIC HEARINGS
10:30 A.M.
PH.1 09-00981 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOMELESSNESS
Development PREVENTION AND RAPID -RE -HOUSING PROGRAM FUNDS IN THE
AMOUNT OF $3,392,918; ALLOCATING SAID FUNDS AS SPECIFIED IN
EXHIBIT "A", ATTACHED AND INCORPORATED, FOR HOMELESS
PREVENTION AND RAPID RE -HOUSING SERVICES; AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR
SAID PURPOSE.
09-00981 Legislation.pdf
09-00981 Exhibit.pdf
09-00981 Summary Form.pdf
09-00981Public Notice.pdf
09-00981Homeless Prevention Program.pdf
09-00981 Florida Non Profit .pdf
PH.2 09-00984 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Community ATTACHMENT(S), APPROVING AND AUTHORIZING THE CITY
Development MANAGER TO IMPLEMENT THE HOMELESSNESS PREVENTION AND
RAPID RE -HOUSING PROGRAM POLICIES, IN SUBSTANTIALLY THE
ATTACHED FORM.
09-00984 Legislation.pdf
09-00984 Exhibit.pdf
09-00984 Summary Form .pdf
09-00984 Public Notice.pdf
09-00984 Resolution 1.pdf
09-00984 Resolution 2.pdf
END OF PUBLIC HEARINGS
City ofMiami Page 11 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
ORDINANCES - SECOND READING
Note: Any proposed ordinance listed as an item for second reading in this section may be adopted
as an emergency measure upon being so determined by the City Commission.
SR.1 09-00891 ORDINANCE SECOND READING
Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Attorney CHAPTER 42/ARTICLE V OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "POLICE/VEHICLE IMPOUNDMENT,"
BY PROVIDING NEW NOTICE REQUIREMENTS; CHANGING THE
BURDEN OF PROOF TO 'CLEAR AND CONVINCING' FROM
'PREPONDERANCE OF THE EVIDENCE;' PROVIDING FOR AN
INNOCENT OWNER DEFENSE; MORE PARTICULARLY BY AMENDING
SECTIONS 42-120, 42-121 AND 42-122; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
09-00891 Legislation FR/SR.pdf
09-00891 MemoFR/SR.pdf
DATE: SEPTEMBER 10, 2009
MOVER: COMMISSIONER SARNOFF
SECONDER: VICE CHAIR SPENCE-JONES
VOTE: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF,
SANCHEZ, REGALADO AND SPENCE-JONES
ACTION: PASSED ON FIRST READING --PASSED
SR.2 09-00928 ORDINANCE SECOND READING
Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING
Clerk PROVISIONS FOR EARLY VOTING IN THE CITY OF MIAMI, PURSUANT
TO FLORIDA STATUTE §100.3605, FOR THE MUNICIPAL ELECTION TO
BE HELD ON NOVEMBER 3, 2009; DESIGNATING CERTAIN SITES AND
TIMES FOR EARLY VOTING; CONTAINING A SEVERABILITY CLAUSE,
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
09-00928 Legislation.FR/SRpdf
09-00928 Memo. FR/SRpdf
09-00928 Map FR/SR.pdf
DATE: SEPTEMBER 10, 2009
MOVER: COMMISSIONER GONZALEZ
SECONDER: VICE CHAIR SPENCE-JONES
VOTE: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF,
SANCHEZ, REGALADO AND SPENCE-JONES
ACTION: PASSED ON FIRST READING --PASSED
City ofMiami Page 12 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
SR.3 09-00909 ORDINANCE SECOND READING
Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Employee Relations CHAPTER 40/ARTICLE IV/DIVISION 3, OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION
AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST," MORE
PARTICULARLY BY AMENDING SECTIONS 40-244 AND 40-246, TO
REFLECT CHANGE IN ACTUARIAL ASSET METHOD FROM THREE
YEAR ASSET SMOOTHING TO FIVE YEAR ASSET SMOOTHING WITH
PARTIAL PHASE IN; CHANGE FROM LEVEL DOLLAR TO LEVEL
PERCENT OF PAY AMORTIZATION OF THE UNFUNDED ACTUARIAL
ACCRUED LIABILITY; AND TO CLARIFY CHANGES IN ACTUARIAL
METHODS AND ASSUMPTIONS, CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
09-00909 Legislation FR pdf
09-00909 Summary Form FR/SR.pdf
09-00909 GESE-Adjustment SR.pdf
DATE: SEPTEMBER 10, 2009
MOVER: VICE CHAIR SPENCE-JONES
SECONDER: COMMISSIONER GONZALEZ
VOTE: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF,
SANCHEZ, REGALADO AND SPENCE-JONES
ACTION: PASSED ON FIRST READING --PASSED
SR.4 09-00951 ORDINANCE SECOND READING
Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Employee Relations CHAPTER 40/ARTICLE IV/DIVISION 2, OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "CITY OF MIAMI
FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST" TO
AMEND THE ORDINANCE; MORE PARTICULARLY BY AMENDING
SECTIONS 40-191, 40-196, 40-200, 40-202, 40-203, AND 40-205;
THEREBY INCREASING FIREFIGHTERS' MEMBER CONTRIBUTIONS
FROM EIGHT PERCENT TO NINE PERCENT AND CHANGING
FIREFIGHTERS' RULE OF 64 TO THE RULE OF 68; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
09-00951 LegislationFR/SR.pdf
09-00951 Summary Form FR/SR.pdf
09-00951 LETTER SR pdf
09-00951 Letter FR/SR.pdf
09-00951 L etter FR/SR.pdf
DATE: SEPTEMBER 10, 2009
MOVER: COMMISSIONER GONZALEZ
SECONDER: VICE CHAIR SPENCE-JONES
VOTE: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF,
SANCHEZ, REGALADO AND SPENCE-JONES
ACTION: PASSED ON FIRST READING WITH MODIFICATIONS-
-PASSED
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City Commission
Meeting Agenda September 24, 2009
SR.5 09-00933 ORDINANCE SECOND READING
Department of AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA (WITH
Off -Street Parking ATTACHMENTS), SUPPLEMENTING THAT CERTAIN ORDINANCE NO.
11693 ENACTED BY THE CITY COMMISSION ON AUGUST 14, 1998, AS
FURTHER AMENDED AND SUPPLEMENTED; AUTHORIZING THE
ISSUANCE OF NOT TO EXCEED $70,000,000 AGGREGATE PRINCIPAL
AMOUNT OF ITS PARKING SYSTEM REVENUE AND/OR REVENUE
REFUNDING BONDS, SERIES 2009, IN ONE OR MORE SERIES FROM
TIME TO TIME TO BE ISSUED ON A TAX-EXEMPT AND/OR A TAXABLE
BASIS, FOR THE PURPOSE OF REFUNDING ON A CURRENT BASIS ALL
OF ITS OUTSTANDING TAX-EXEMPT VARIABLE RATE PARKING
SYSTEM REVENUE REFUNDING BONDS, SERIES 2008 AND ALL OF IT'S
OUTSTANDING TAXABLE VARIABLE RATE PARKING SYSTEM
REVENUE REFUNDING BONDS, SERIES 2008 AND FINANCING THE
ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN
PARKING FACILITIES; PROVIDING FOR THE FUNDING OF THE
RESERVE ACCOUNT; PROVIDING FOR THE PAYMENT OF CERTAIN
COSTS OF ISSUANCE IN CONNECTION WITH THE ISSUANCE OF THE
SERIES 2009 BONDS; MAKING CERTAIN FINDINGS AND
DETERMINATIONS; DELEGATING TO THE CITY MANAGER THE
DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING
THE BONDS; APPROVING THE SENDING OF A CONDITIONAL NOTICE
OF REDEMPTION; AUTHORIZING THE REFUNDING OF THE SERIES
2008 BONDS; APPROVING THE SERIES 2009 PROJECT; AUTHORIZING
THE TERMINATION OF THE SWAP ENTERED INTO IN CONNECTION
WITH THE TAX-EXEMPT SERIES 2008 BONDS AND PROVIDING FOR
PAYMENT OF ANY TERMINATION PAYMENT IN CONNECTION
THEREWITH AND AUTHORIZING THE EXECUTION AND DELIVERY OF A
TERMINATION AGREEMENT; RATIFYING, CONFIRMING AND
APPROVING THE SELECTION OF THE UNDERWRITERS AND LEGAL
COUNSEL BY THE DEPARTMENT FOR THE BONDS; AUTHORIZING A
NEGOTIATED SALE OF THE BONDS; APPROVING THE FORM AND
AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE
BOND PURCHASE AGREEMENTS; APPROVING UNCERTIFICATED
BOOK -ENTRY ONLY REGISTRATION OF THE BONDS; APPROVING THE
FORM AND AUTHORIZING THE DISTRIBUTION OF ONE OR MORE
PRELIMINARY OFFICIAL STATEMENTS AND OFFICIAL STATEMENTS
AND PROVIDING FOR THE SELECTION OF A FINANCIAL PRINTER
THEREFOR; DESIGNATING A TRUSTEE, PAYING AGENT AND BOND
REGISTRAR; APPROVING THE FORM AND AUTHORIZING THE
EXECUTION AND DELIVERY OF ONE OR MORE TRUSTEE, PAYING
AGENT AND BOND REGISTRAR AGREEMENTS; APPROVING THE FORM
AND AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR
MORE DISCLOSURE DISSEMINATION AGENT AGREEMENTS AND
DESIGNATING DIGITAL ASSURANCE CERTIFICATION, L.L.C., AS
DISSEMINATION AGENT THEREUNDER; AUTHORIZING THE DIRECTOR
OF THE DEPARTMENT TO NEGOTIATE FOR AND OBTAIN ONE OR
MORE BOND INSURANCE POLICIES AND/OR RESERVE PRODUCTS
AND THE CITY MANAGER TO EXECUTE AND DELIVER ANY
AGREEMENTS IN CONNECTION THEREWITH; AUTHORIZING CERTAIN
OFFICIALS AND EMPLOYEES OF THE CITY AND THE DEPARTMENT TO
City ofMiami Page 14 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
TAKE ALL ACTIONS DEEMED NECESSARY OR REQUIRED IN
CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE
SERIES 2009 BONDS, THE REFUNDING OF THE SERIES 2008 BONDS
AND THE TERMINATION OF THE SWAP; PROVIDING FOR
SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
09-00933 Memo FR/SRpdf
09-00933 Legislation.SR pdf
09-00933 Memo SR.pdf
09-00933 Legislation.pdf
DATE: SEPTEMBER 10, 2009
MOVER: VICE CHAIR SPENCE-JONES
SECONDER: COMMISSIONER GONZALEZ
VOTE: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF,
SANCHEZ, REGALADO AND SPENCE-JONES
ACTION: PASSED ON FIRST READING --PASSED
END OF ORDINANCES - SECOND READINGS
City ofMiami Page 15 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
ORDINANCES - FIRST READING
Note: Any proposed ordinance listed as an item for first reading in this section may be adopted as an
emergency measure upon being so determined by the City Commission.
FR.1 09-00987 ORDINANCE FIRST READING
Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Finance CHAPTER 4/ARTICLE II OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC
BEVERAGES/NIGHTCLUBS," MORE PARTICULARLY BY AMENDING
SECTION 4-42 THROUGH 4-76 TO CHANGE THE TERM "LICENSE" TO
"BUSINESS TAX RECEIPT" AND TO AMEND THE QUALIFICATIONS FOR
APPLICANTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
09-00987 Legislation.pdf
09-00987 Summary Form.pdf
FR.2 09-00990 ORDINANCE FIRST READING
Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Finance CHAPTER 39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PEDDLERS AND
ITINERANT VENDORS/SIDEWALK AND STREET VENDORS," MORE
PARTICULARLY BY AMENDING SECTIONS 39-28 THROUGH 39-31,
SECTIONS 39-45 THROUGH 39-46 AND SECTION 39-52, BY DEFINING
THE CONCEPT OF BUSINESS TAX RECEIPT, AS OUTLINED IN
CHAPTER 31 OF THE CITY OF MIAMI CODE; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
09-00990 Legislation.pdf
09-00990 Summary Form.pdf
FR.3 09-00991 ORDINANCE FIRST READING
Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Finance ATTACHMENT(S), AMENDING CHAPTER 31/ARTICLE II OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS
REGULATIONS/LOCAL BUSINESS TAX," BY RE -DEFINING BUSINESS
TAX, ADDING THE ENFORCEMENT PROCEDURE, UPDATING THE
CATEGORY SECTION, AND INCREASING FEES FOR ALL
CATEGORIES BY FIVE -PERCENT (5%); CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
09-00991 Legislation.pdf
09-00991 Exhibit .pdf
09-00991 Summary Form.pdf
City ofMiami Page 16 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
FR.4 09-01064 ORDINANCE FIRST READING
District 3- Chair AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Joe Sanchez CHAPTER 18, ARTICLE IX, DIVISION 2 ENTITLED "FINANCE/FINANCIAL
POLICIES/FINANCIAL INTEGRITY PRINCIPLES" BY EXPANDING THE
BASIC FINANCIAL POLICIES AND REQUIRING THAT FUTURE
COLLECTIVE BARGAINING AGREEMENTS BE SUBMITTED TO THE
FINANCE COMMITTEE FOR ITS RECOMMENDATION PRIOR TO
RATIFICATION BY THE CITY COMMISSION; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
09-01064 Legislation.pdf
FR.5 09-01065 ORDINANCE FIRST READING
District 3- Chair AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Joe Sanchez CHAPTER 40, ARTICLE IV, DIVISION 4 ENTITLED "CITY OF MIAMI
ELECTED OFFICERS' RETIREMENT TRUST" BY FURTHER LIMITING
THE ELIGIBILITY OF FUTURE ELECTED OFFICERS AND INCLUDING A
TERMINATION PROVISION FOR THE EXISTING TRUST; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
09-01065 Legislation.pdf
FR.6 09-01066 ORDINANCE FIRST READING
District 3- Chair AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Joe Sanchez CHAPTER 40, ARTICLE IV, DIVISION 3 ENTITLED "CITY OF MIAMI
GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT
TRUST" BY FURTHER LIMITING EMPLOYEE ELIGIBILITY AND
ELIMINATING THE RIGHT OF CERTAIN PERSONS TO REJECT
MEMBERSHIP; CONTAINING A REPEALER AND SEVERABILITY CLAUSE
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
09-01066 Legislation.pdf
FR.7 09-01068 ORDINANCE FIRST READING
City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING THE
Office CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"),
TO AUTHORIZE THE INCREASE OF VARIOUS FEES THROUGHOUT THE
CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
09-01068 Legislation.pdf
09-01068 Summary Form.pdf
END OF FIRST READING ORDINANCES
City ofMiami Page 17 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
RESOLUTIONS
RE.1 09-00993 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Finance ATTACHMENT(S), ADOPTING AN IDENTITY THEFT PREVENTION
PROGRAM IN COMPLIANCE WITH FEDERAL REGULATIONS RELATING
TO THE FEDERAL TRADE COMMISSION'S RED FLAG RULES.
09-00993 Legislation.pdf
09-00993 Exhibit.pdf
09-00993 Summary Form.pdf
RE.2 09-00998 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Finance ATTACHMENT(S), PURSUANT TO RESOLUTION NO. 09-0161, ADOPTED
MARCH 26, 2009, AND REQUEST FOR QUALIFICATIONS NO. 126077,1
(" RFQ"), FOR THE PROVISION OF MUNICIPAL BOND UNDERWRITING
SERVICES, AUTHORIZING THE CITY MANAGER (1) TO EXERCISE THE
TERMINATION FOR CONVENIENCE CLAUSE UNDER SECTIONS 1.83, B
AND 2.14, B, OF THE RFQ DOCUMENTS AND SECTION 14, A, OF THE
PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH JP MORGAN
SECURITIES ("JP MORGAN"), (2) TO RESCIND THE SENIOR
MANAGER/CO-SENIOR MANAGER AWARD FROM JP MORGAN, (3) TO
AWARD SUCH DESIGNATION TO RBC CAPITAL MARKETS
CORPORATION ("RBC"), THE NEXT HIGHEST -RANKED FIRM UNDER
THE CATEGORY OF SENIOR MANAGER/CO-SENIOR MANAGER, (4) AS
A RESULT, TO REMOVE RBC AS ONE OF THE CO -MANAGERS, AND (5)
TO AWARD TO MORGAN KEEGAN AND COMPANY, INC. ("MORGAN
KEEGAN"), THE NEXT HIGHEST -RANKED FIRM UNDER THE CATEGORY
OF CO -MANAGER, SUCH DESIGNATION; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND TO EXECUTE A PSA, IN
SUBSTANTIALLY THE ATTACHED FORM(S), FOR SUCH CHANGED
DESIGNATIONS TO RBC AND TO MORGAN KEEGAN ON AN
AS -NEEDED BASIS, FOR THE REMAINING TERM OF THE MUNICIPAL
BOND UNDERWRITING SERVICES CONTRACT EFFECTIVE THROUGH
MARCH 30, 2011, WITH OPTIONS TO RENEW FOR THREE (3)
ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FOR SAID
FIRMS THROUGH THE PROCEEDS OF BONDS AS AND WHEN ISSUED.
City ofMiami Page 18 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
09-00998 Legislation.pdf
09-00998 Exhibit.pdf
09-00998 Summary Form.pdf
09-00998 Resolution.pdf
09-00998 Pre -Summary Form.pdf
09-00998 Memo.pdf
09-00998 Firms Seeking Qualification.pdf
09-00998 Pre-Legislation.pdf
09-00998 Professional Agreement.pdf
09-00998 Attachment A.pdf
09-00998 Attachment B.pdf
09-00998 Secretary's Certificate.pdf
09-00998 Certificate -Liability Ins..pdf
09-00998 Certificate of Insurance.pdf
09-00998 Addendum No. 1.pdf
09-00998 Request for Qualifications.pdf
City ofMiami Page 19 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
RE.3 09-00895 RESOLUTION
Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Administration ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT
ENTITLED: "USEPA NATIONAL CLEAN DIESEL FUNDING ASSISTANCE
PROGRAM" AND APPROPRIATING FUNDS, CONSISTING OF A GRANT
AWARDED FROM THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY, IN AN AMOUNT NOT TO EXCEED $731,850, TO
ACQUIRE BIODIESEL REFUSE HAULERS FOR THE CITY OF MIAMI'S
("CITY'S") BIODIESEL FLEET CONVERSION; AUTHORIZING THE CITY'S
REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $2,195,550, FROM
CAPITAL IMPROVEMENT PROJECT MACHINERY AND EQUIPMENT
ACCOUNT NO. 39000.213000.664000.0000.00000; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY
DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND
ADMINISTRATION OF SAID GRANT AWARD.
09-00895 Legislation.pdf
09-00895 Exhibit.pdf
09-00895 Summary Form.pdf
09-00895 Email.pdf
DATE: SEPTEMBER 10, 2009
ACTION: DEFERRED
RE.4 09-00791 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Fire -Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AFFILIATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI ("CITY"), MIAMI-DADE COUNTY PUBLIC
SCHOOLS ("MDCPS") AND TECHNICAL CAREER INSTITUTE ("TCI"),
THAT AUTHORIZES THE CITY DEPARTMENT OF RESCUE TO PROVIDE
STUDENTS IN MDCPS EMERGENCY MEDICAL SERVICES TRAINING
PROGRAMS ACADEMIC, CAREER AND CLINICAL INSTRUCTION
UTILIZING FACILITIES AND PERSONNEL FROM THE CITY
DEPARTMENT OF FIRE -RESCUE AND TCI IN FURTHERANCE OF THE
CITY FIRE -RESCUE EMS CADET PROGRAM.
09-00791 Legislation.7-23-09pdf
09-00791 Exhibit.7-23-09pdf
09-00791 Summary Form 7-23-09pdf
09-00791 Legislation.pdf
09-00791 Exhibit. pdf
09-00791 Summary Form.pdf
DATE: JULY 23, 2009
MOVER: COMMISSIONER SARNOFF
SECONDER: COMMISSIONER REGALADO
VOTE: AYES: 4 - COMMISSIONER SARNOFF, SANCHEZ,
REGALADO AND SPENCE-JONES
ABSENT: 1 - COMMISSIONER GONZALEZ
ACTION: DEFERRED --PASSED
City ofMiami Page 20 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
RE.5 09-01038 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Attorney ATTACHMENT(S), ACCEPTING A PAYMENT IN THE AMOUNT OF
$25,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS FOR
THE CASE OF CITY OF MIAMI VS. MIAMI-DADE COUNTY, CASE NO.
07-34868 CA 25, PURSUANT TO THE TERMS OF THE PROPOSAL FOR
SETTLEMENT; DIRECTING THE CITY MANAGER TO ACCEPT THE
TERMS OF THE PROPOSAL FOR SETTLEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE
SETTLEMENT.
09-01038 Legislation.pdf
09-01038 Exhibit.pdf
09-01038 Memo.pdf
RE.6 09-01055 RESOLUTION
City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office ATTACHMENT(S), ACCEPTING AND ADOPTING, THE REVISED OMNI
REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT PLAN
("REVISED REDEVELOPMENT PLAN") PREPARED IN JANUARY 2006, BY
ZYSCOVICH ARCHITECTS AND REVISED IN JUNE 2009, BY THE MIAMI
COMMUNITY REDEVELOPMENT AGENCY WITH SUPPORT FROM THE
CITY OF MIAMI PLANNING DEPARTMENT; ACKNOWLEDGING THAT
THIS REVISED PLAN IS IN CONFORMITY WITH THE CITY'S
COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE CITY; ACCEPTING
THE EXTENDED UPDATED BOUNDARIES AS SET FOR IN "EXHIBIT A,"
ATTACHED AND INCORPORATED; INCORPORATING THESE NEW
BOUNDARIES IN THE REDEVELOPMENT PLAN; AND FILING SAID
BOUNDARIES, WITH A REVISED MAP, WITH THE CITY CLERK,
PURSUANT TO SECTION 14-252 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED.
09-01055 Legislation.pdf
09-01055 Exhibit.pdf
09-01055 Summary Form.pdf
09-01055 Planning Fact Sheet.pdf
City ofMiami Page 21 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
RE.7 08-00678a
City Manager's
Office
RE.8 08-00678b
City Manager's
Office
RE.9 09-01053
District 2-
Commissioner
Marc David Sarnoff
RE.10 09-01062
District 2-
Commissioner
Marc David Sarnoff
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE PLACEMENT OF BILLBOARDS
WITHIN PARK LIMITS AT JOSE MARTI PARK, ROBERT KING HIGH
PARK, AND OVERTOWN PLAZA; AUTHORIZING THE CITY MANAGER TO
EXECUTE LICENSE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED
FORMS, AS "EXHIBITS A" THROUGH "C", WITH CBS OUTDOOR, INC.,
AND ALL NECESSARY DOCUMENTS FOR THIS PURPOSE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
08-00678a Legislation.pdf
08-00678a Exhibit.pdf
08-00678a Summary Form.pdf
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE PLACEMENT OF A BILLBOARD AT
GRAPELAND PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE
A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH CBS OUTDOOR, INC., AND ALL NECESSARY DOCUMENTS FOR
THIS PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
08-00678b Legislation.pdf
08-00678b Exhibit.pdf
08-00678b Summary Form.pdf
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING
FLORIDA POWER AND LIGHT 'S SITE CERTIFICATION APPLICATION
TO PLACE OVERHEAD HIGH VOLTAGE TRANSMISSION LINES ON
US HIGHWAY 1 TO CONNECT THE TURKEY POINT POWER PLANT TO
THE DOWNTOWN SUBSTATION WITHIN THE CITY OF MIAMI; URGING
THE REVIEW OF ALTERNATE CORRIDORS AND UNDERGROUND LINES
WITHIN THE CITY OF MIAMI INSTEAD.
09-01053 Legislation.pdf
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING
SOUTHEAST 25TH ROAD FROM BRICKELL AVENUE TO BISCAYNE BAY,
MIAMI, FLORIDA, AS "TORY JACOBS BOULEVARD;" FURTHER
DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF
PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
HEREIN DESIGNATED OFFICES.
09-01062 Legislation.pdf
09-01062 Tory Jacobs.pdf
City ofMiami Page 22 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
RE.11 09-01061
City Manager's
Office
RE.12 09-01067
District 3- Chair
Joe Sanchez
RE.13 09-00451
Office of Strategic
Planning,
Budgeting, and
Performance
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING ITS
INTENTION TO PARTICIPATE IN A PILOT PROGRAM ALLOWING 1,000
FOOT SPACING OF OUTDOOR ADVERTISING SIGNS ALONG
EXPRESSWAYS IN THE CITY OF MIAMI ("CITY"), SUBJECT TO
CONDITIONS; FURTHER AUTHORIZING THE CITY MANAGER TO
NOTIFY THE FLORIDA DEPARTMENT OF TRANSPORTATION OF THE
CITY'S INTENTION TO PARTICIPATE IN SUCH PILOT PROGRAM.
09-01061 Legislation.pdf
09-01061 Summary Form.pdf
09-01061 Message Displays.pdf
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER TO INSTITUTE A "USE IT OR LOSE IT" POLICY FOR ALL
UNCLASSIFIED EMPLOYEES PRECLUDING THE ACCRUAL OF CERTAIN
BENEFITS, SPECIFICALLY COMPENSATORY TIME, SICK TIME,
VACATION TIME, AND OTHER RELATED BENEFITS, AND TO PROVIDE
THE CITY COMMISSION A REPORT OF SAID ACTION FOLLOWING ITS
IMPLEMENTATION.
09-01067 Legislation.pdf
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING
APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY
REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2009.
09-00451 Summary Form.pdf
09-00451-Attachment Page.pdf
DATE:
ACTION:
DATE:
MOVER:
SECONDER:
VOTE:
ACTION:
JUNE 25, 2009
DEFERRED
JULY 23, 2009
COMMISSIONER SARNOFF
COMMISSIONER REGALADO
AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF,
SANCHEZ, REGALADO AND SPENCE-JONES
DEFERRED --PASSED
END OF RESOLUTIONS
City ofMiami Page 23 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
EXECUTIVE SESSION
2:00 P.M.
ES.1 09-01035 EXECUTIVE SESSION
Office of the City UNDER THE PARAMETERS OF F.S. §286.011(8) [2008]. THE
Attorney PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING
PENDING CONSOLIDATED LITIGATION CASES OF: STEVEN K.
SCHWARTZ, ETC., V. CITY OF MIAMI, ET AL., CASE NO.:
07-44810 CA 08; MARGARITTE DINGLE V. POLISH AMERICAN
CLUB OF MIAMI, INC., ET AL., CASE NO.: 08-03407 CA 08;
SAMMY BROWN, ET AL. V. CITY OF MIAMI, ET AL., CASE NO.:
08-80065 CA 08; AND THEOANDRIA KENDRICK, ETC., ET AL., V.
THE POLISH AMERICAN CLUB OF MIAMI, INC., ET AL., CASE NO.:
09-44642 CA 08, PENDING IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA,
TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE
MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS
SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES
PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER.
THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE
CITY COMMISSION: CHAIRMAN JOE SANCHEZ, ANGEL
GONZALEZ, MARC SARNOFF, TOMAS REGALADO, AND
MICHELLE SPENCE-JONES; THE CITY MANAGER, PEDRO G.
HERNANDEZ; THE CITY ATTORNEY, JULIE O. BRU; DEPUTY
CITY ATTORNEY, WARREN BITTNER; AND ASSISTANT CITY
ATTORNEY HENRY J. HUNNEFELD. A CERTIFIED COURT
REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION
IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE
PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED,
ONGOING LITIGATION. AT THE CONCLUSION OF THE
ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION
MEETING WILL BE REOPENED AND THE PERSON CHAIRING
THE COMMISSION MEETING WILL ANNOUNCE THE
TERMINATION OF THE ATTORNEY -CLIENT SESSION.
09-01035 Memo.pdf
09-01035 Notice to the Public.pdf
END OF EXECUTIVE SESSION
City ofMiami Page 24 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
PART B: PLANNING AND ZONING ITEMS
The following item(s) shall not be considered before 10:00 am.
PZ.1 09-00656sc RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND
DISCONTINUING FOR PUBLIC USE NORTHWEST 19TH TERRACE
SOUTH OF NORTHWEST 20TH STREET BETWEEN NORTHWEST 7TH
AVENUE AND I-95 EXPRESSWAY, MIAMI, FLORIDA.
LOCATION: Approximately NW 19th Terrace S of NW 20th Street between
NW 7th Avenue and 1-95 Expressway [Commissioner Michelle Spence -Jones
- District 5]
APPLICANT(S): Larry D. Marbert, Esquire, on behalf of the University of
Miami and 7th Avenue Market, LLC.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PUBLIC WORKS DEPARTMENT: Recommended approval.
PLAT & STREET COMMITTEE: Recommended approval on May 7, 2009 by
a vote of 4-0.
ZONING BOARD: Recommended approval to City Commission on July 13,
2009 by a vote of 7-0.
PURPOSE: This will allow a unified development site.
09-00656sc Analysis.pdf
09-00656sc Public Works Analysis.pdf
09-00656sc Plat & Street Letter.pdf
09-00656sc Zoning Map.pdf
09-00656sc Aerial Map.pdf
09-00656sc ZB Reso.pdf
09-00656sc CC Application & Supporting Docs.pdf
09-00656sc CC Legislation (Version 2).pdf
09-00656sc Exhi bit A.pdf
09-00656sc CC 09-24-09 Fact Sheet.pdf
City ofMiami Page 25 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
PZ.2 09-00142ec RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND
DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN EASEMENT
LOCATED BETWEEN DOUGLAS ROAD AND SOUTHWEST 38TH
AVENUE AND BETWEEN PEACOCK AVENUE AND SOUTH DIXIE
HIGHWAY, MIAMI, FLORIDA.
LOCATION: Approximately between Douglas Road and SW 38th Avenue
and between Peacock Avenue and South Dixie Highway - [Commissioner
Marc David Sarnoff - District 2]
APPLICANT(S): Harpal S. Kapoor, Director of Miami -Dade Transit, on behalf
of Miami -Dade County
FINDING(S):
PLANNING DEPARTMENT: Recommended approval with a condition*.
PUBLIC WORKS DEPARTMENT: Recommended approval with a
condition*.
PLAT & STREET COMMITTEE: Recommended approval with conditions* on
April 2, 2009 by a vote of 6-0.
ZONING BOARD: Recommended denial to City Commission on July 13,
2009 by a vote of 5-2.
*See supporting documentation.
PURPOSE: This will allow a unified development site.
09-00142ec Analysis.pdf
09-00142ec Zoning Map.pdf
09-00142ec Aerial Map.pdf
09-00142ec Public Works Analysis. pdf
09-00142ec Public Works Letter. pdf
09-00142ec ZB Reso.pdf
09-00142ec CC Application & Supporting Docs.pdf
09-00142ec CC Legislation (Version 2).pdf
09-00142ec Exhibit A.pdf
09-00142ec CC 09-24-09 Fact Sheet.pdf
City ofMiami Page 26 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
PZ.3 08-01207Iu ORDINANCE SECOND READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT
PROCEDURES, SUBJECT TO §163.3187, FLORIDA STATUTES, BY
CHANGING THE LAND USE DESIGNATION OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT
APPROXIMATELY 190 NORTHEAST 71 ST STREET AND 185
NORTHEAST 70TH STREET, MIAMI, FLORIDA, AND THE ABUTTING
ALLEY TO THE EAST, FROM "DUPLEX RESIDENTIAL" AND "MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL" TO 'RESTRICTED
COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 190 NE 71st Street and 185 NE 70th Street and
the Abutting Alley to the East [Commissioner Michelle Spence -Jones - District
5]
APPLICANT(S): Estrellita Sibila, Esquire, on behalf of Niclas and Lisanne
Pierre, Owners
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended denial to City Commission
on February 18, 2009 by a vote of 8-0. See companion File Ds 08-01207zc
and 08-01207ac.
PURPOSE: This will change the above properties to "Restricted
Commercial'.
08-012071u Analysis.pdf
08-012071u Land Use Map.pdf
08-012071u Aerial Map.pdf
08-012071u PAB Reso.pdf
08-012071u School Board Concurrency.pdf
08-012071u Application & Supporting Documentation.pdf
08-012071u Exhibit A.pdf
08-012071u CC Legislation (Version 3).pdf
08-012071u CC SR 09-24-09 Fact Sheet.pdf
DATE: JUNE 25, 2009
ACTION: CONTINUED
City ofMiami Page 27 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
DATE: JULY 23, 2009
MOVER: VICE CHAIR SPENCE-JONES
SECONDER: COMMISSIONER REGALADO
VOTE: AYES: 4 - COMMISSIONER GONZALEZ, SANCHEZ,
REGALADO AND SPENCE-JONES
ABSENT: 1 - COMMISSIONER SARNOFF
ACTION: PASSED ON FIRST READING --PASSED
City ofMiami Page 28 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
PZ.4 08-01207zc ORDINANCE SECOND READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 13, 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 AND "R-3"
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO "C-1" RESTRICTED
COMMERCIAL WITH AN "SD-29" HISTORIC LEMON CITY/LITTLE HAITI
VILLAGE SPECIAL OVERLAY DISTRICT, FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 190 NORTHEAST 71 ST STREET, 185
NORTHEAST 70TH STREET AND THE ABUTTING ALLEY TO THE EAST,
MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 190 NE 71st Street, 185 NE 70th Street and the
Abutting Alley to the East [Commissioner Michelle Spence -Jones - District 5]
APPLICANT(S): Estrellita Sibila, Esquire, on behalf of Niclas and Lisanne
Pierre, Owners
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
ZONING BOARD: Recommended approval to City Commission on April 13,
2009 by a vote of 5-1. See companion File Ds 08-012071u and 08-01207ac.
PURPOSE: This will change the above properties to "C-1" Restricted
Commercial with an "SD-29" Historic Lemon City/Little Haiti Village Special
Overlay District.
08-01207zc Analysis.pdf
08-01207zc Zoning Map.pdf
08-01207zc Aerial Map.pdf
08-01207zc Letter of Intent.pdf
08-01207zc CC Application & Supporting Docs.pdf
08-01207zc ZB Reso.pdf
08-01207zc CC Legislation (Version 2).pdf
08-01207zc Exhi bit A.pdf
08-01207zc CC SR 09-24-09 Fact Sheet.pdf
DATE: JUNE 25, 2009
ACTION: CONTINUED
DATE: JULY 23, 2009
MOVER: VICE CHAIR SPENCE-JONES
SECONDER: COMMISSIONER REGALADO
VOTE: AYES: 4 - COMMISSIONER GONZALEZ, SANCHEZ,
REGALADO AND SPENCE-JONES
ABSENT: 1 - COMMISSIONER SARNOFF
ACTION: PASSED ON FIRST READING --PASSED
City ofMiami Page 29 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
PZ.5 08-01207ac RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND
DISCONTINUING FOR PUBLIC USE AN ALLEY WEST OF NORTHEAST
2ND AVENUE BETWEEN NORTHEAST 70TH STREET AND NORTHEAST
71ST STREET, MIAMI, FLORIDA.
LOCATION: Approximately W of NE 2nd Avenue between NE 70th Street
and NE 71st Street [Commissioner Michelle Spence -Jones - District 5]
APPLICANT(S): Estrellita Sibila, Esquire, on behalf of Niclas and Lisanne
Pierre and Napoleon Real Estate Group, LLC
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PUBLIC WORKS DEPARTMENT: Recommended approval.
PLAT & STREET COMMITTEE: Recommended approval on September 4,
2008 by a vote of 5-0.
ZONING BOARD: Recommended approval to City Commission on May 11,
2009 by a vote of 6-1. See companion File Ds 08-012071u and 08-01207zc.
PURPOSE: This will allow a unified commercial development site.
08-01207ac Analysis. pdf
08-01207ac Public Works Analysis. pdf
08-01207ac Plat & Street Letter.pdf
08-01207ac Zoning Map .pdf
08-01207ac Aerial Map.pdf
08-01207ac ZB Reso.pdf
08-01207ac CC Application & Supporting Docs.pdf
08-01207ac CC Legislation (Version 2).pdf
08-01207ac Exhibit A. pdf
08-01207ac CC 09-24-09 Fact Sheet.pdf
City ofMiami Page 30 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
PZ.6 08-01320Iu ORDINANCE SECOND READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT
PROCEDURES, SUBJECT TO §163.3187, FLORIDA STATUTES, BY
CHANGING THE LAND USE DESIGNATION OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT
APPROXIMATELY 629, 635, 645, 655, 665 NORTHWEST 23RD STREET,
636 NORTHWEST 26TH STREET, 2451 NORTHWEST 7TH AVENUE AND
636 NORTHWEST 24TH STREET, MIAMI, FLORIDA, FROM "INDUSTRIAL"
TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 629, 635, 645, 655, 665 NW 23rd Street, 636
NW 26th Street, 2451 NW 7th Avenue and 636 NW 24th Street, Miami,
Florida [Commissioner Michelle Spence -Jones - District 5]
APPLICANT(S): Gilberto Pastoriza, Esquire & Estrellita Sibila, Esquire, on
behalf of Paradise Dairy Acquisitions, LLC
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended approval to City
Commission on February 18, 2009 by a vote of 5-3. See companion File ID
08-01320zc.
PURPOSE: This will change the above properties to "Restricted
Commercial'.
08-013201u Analysis.pdf
08-013201u Land Use Map.pdf
08-013201u Aerial Map.pdf
08-013201u PAB Reso.pdf
08-013201u Public School Cuncurrency.pdf
08-013201u Application & Supporting Documentation.pdf
08-013201u Exhibit A.pdf
08-013201u & 08-01320zc Environmental Impact Analysis. pdf
08-013201u CC Legislation (Version 3).pdf
08-013201u CC SR 09-24-09 Fact Sheet.pdf
DATE: JUNE 25, 2009
ACTION: CONTINUED
City ofMiami Page 31 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
DATE: JULY 23, 2009
MOVER: VICE CHAIR SPENCE-JONES
SECONDER: COMMISSIONER GONZALEZ
VOTE: AYES: 4 - COMMISSIONER GONZALEZ, SANCHEZ,
REGALADO AND SPENCE-JONES
ABSENT: 1 - COMMISSIONER SARNOFF
ACTION: PASSED ON FIRST READING --PASSED
City ofMiami Page 32 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
PZ.7 08-01320zc ORDINANCE SECOND READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 21, 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 "I" INDUSTRIAL TO "C-1" RESTRICTED
COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY
2451 NORTHWEST 7TH AVENUE, 636 NORTHWEST 24TH STREET, 636
NORTHWEST 26TH STREET, 629, 635, 645, 655 AND 665 NORTHWEST
23RD STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 2451 NW 7th Avenue, 636 NW 24th Street, 636
NW 26th Street, 629, 635, 645, 655 and 665 NW 23rd Street [Commissioner
Michelle Spence -Jones - District 5]
APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on
behalf of Paradise Dairy Acquisitions, LLC
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
ZONING BOARD: Made a motion to approve, which failed, constituting a
recommendation of denial to City Commission on April 13, 2009 by a vote of
3-3. See companion File ID 08-013201u.
PURPOSE: This will change the above properties to "C-1" Restricted
Commercial.
08-01320zc Analysis.pdf
08-01320zc Zoning Map.pdf
08-01320zc Aerial Map.pdf
08-01320zc Letter of Intent.pdf
08-01320zc Application & Supporting Docs.pdf
08-01320zc ZB Reso.pdf
08-01320zc CC Legislation (Version 2).pdf
08-01320zc Exhi bit A.pdf
08-013201u & 08-01320zc Environmental Impact Analysis. pdf
08-01320zc CC SR 09-24-09 Fact Sheet.pdf
DATE: JUNE 25, 2009
ACTION: CONTINUED
DATE: JULY 23, 2009
MOVER: COMMISSIONER GONZALEZ
SECONDER: COMMISSIONER REGALADO
VOTE: AYES: 4 - COMMISSIONER GONZALEZ, SANCHEZ,
REGALADO AND SPENCE-JONES
ABSENT: 1 - COMMISSIONER SARNOFF
ACTION: PASSED ON FIRST READING --PASSED
City ofMiami Page 33 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
PZ.8 09-00653zt ORDINANCE SECOND READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION
610.3, ENTITLED "CLASS II SPECIAL PERMIT" AND SECTION 610.6,
ENTITLED "PERMITTED USES," AND BY ADDING TO ARTICLE 6, A NEW
SECTION 610.7, ENTITLED "CONDITIONAL PRINCIPAL AND
ACCESSORY USES," TO ALLOW OPEN AIR GREEN MARKETS IN THE
"SD-10" MEDICAL HEALTH CARE, HOSPITAL AND RESEARCH PARK
OVERLAY DISTRICT; SUBJECT TO LIMITATIONS AS SET FORTH;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Bounded by South of NW 20th Street, North of SR 836, West of
1-95 and East of NW 14th Avenue [Commissioner Angel Gonzalez - District 1]
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 with modifications
to City Commission on June 17, 2009 by a vote of 8-1.
PURPOSE: This will allow an open air green market use on "SD-10" with a
Class II Special Permit.
09-00653zt Zoning Map.pdf
09-00653zt Aerial Map.pdf
09-00653zt PAB Reso.pdf
09-00653zt CC Legislation (Version 3).pdf
09-00653zt CC SR 09-24-09 Fact Sheet.pdf
DATE: JULY 23, 2009
MOVER: COMMISSIONER GONZALEZ
SECONDER: VICE CHAIR SPENCE-JONES
VOTE: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF,
SANCHEZ, REGALADO AND SPENCE-JONES
ACTION: PASSED ON FIRST READING WITH MODIFICATIONS-
-PASSED
City ofMiami Page 34 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
PZ.9 09-00874zt ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 10, SECTION
10.1, ENTITLED "PURPOSE OF SIGN REGULATIONS; APPLICABILITY;
CRITERIA", BY ADDING A NEW SECTION 10.1.8 TO CLARIFY THE
INTENT OF THE CITY OF MIAMI TO OPT OUT OF CHAPTER 33, ARTICLE
VI, DIVISION 5 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES
ENTITLED "COMMERCIAL SIGNS ON EXPRESSWAY RIGHT-OF-WAY,"
IN ACCORDANCE WITH SECTION 33-121.11 THEREOF, SPECIFICALLY
REGARDING SIGNS IN PROXIMITY TO EXPRESSWAYS; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
LOCATION: Citywide
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 September 2, 2009 by a vote of 7-1.
PURPOSE: This will clarify the intent of the City of Miami to opt out of
Chapter 33, Article VI, Division 5 of the Miami -Dade County Code of
Ordinances entitled "Commercial Signs on Expressway Right -of -Way," in
accordance with Section 33-121.11 thereof.
09-00874zt PAB Reso.pdf
09-00874zt Legislation CC (Version 3).pdf
09-00874zt CC SR 09-24-09 Fact Sheet.pdf
DATE: SEPTEMBER 10, 2009
MOVER: COMMISSIONER SARNOFF
SECONDER: REGALADO
VOTE: AYES: 4 - COMMISSIONER SARNOFF, SANCHEZ,
REGALADO AND SPENCE-JONES
ABSENT: 1 - COMMISSIONER GONZALEZ
ACTION: PASSED ON FIRST READING --PASSED
City ofMiami Page 35 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
PZ.10 09-00752zt ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION
620, "SD-20" EDGEWATER OVERLAY DISTRICT; "SD-20.1" BISCAYNE
BOULEVARD EDGEWATER OVERLAY DISTRICT, IN ORDER TO MODIFY
USE REGULATIONS TO ALLOW FOR ACCESSORY PARKING ON "R-4"
DESIGNATED PROPERTIES, ABUTTING "C-1" DESIGNATED
PROPERTIES FRONTING BISCAYNE BOULEVARD BY SPECIAL
EXCEPTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
LOCATION: "SD-20" Edgewater Overlay District; "SD-20.1" Biscayne
Boulevard Edgewater Overlay District [Commissioner Marc David Sarnoff -
District 2]
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 July 15, 2009 by a vote of 7-0.
PURPOSE: This will allow for accessory parking on "R-4" designated
properties abutting "C-1" designated properties fronting Biscayne Boulevard
by Special Exception.
09-00752zt Zoning Map.pdf
09-00752zt Aerial Map.pdf
09-00752zt PAB Reso.pdf
09-00752zt CC Legislation (Version 2).pdf
09-00752zt CC FR 09-24-09 Fact Sheet.pdf
City ofMiami Page 36 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
PZ.11 09-00753zt ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTIONS
602.3, "CLASS II SPECIAL PERMIT" AND 602.5 ENTITLED "PERMITTED
ACCESSORY USES AND STRUCTURES," TO ALLOW OPEN AIR GREEN
MARKETS IN THE "SD-2" COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: "SD-2" Coconut Grove Central Commercial District
[Commissioner Marc David Sarnoff - District 2]
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 with modifications
to add the colors of yellow and orange to Section 602.5.1, Item 9 of the
legislation, to City Commission on July 15, 2009 by a vote of 7-0.
PURPOSE: This will allow open air green markets in the "SD-2" Coconut
Grove Central Commercial District by Class II Special Permit.
09-00753zt Zoning Map.pdf
09-00753zt Aerial Map.pdf
09-00753zt PAB Reso.pdf
09-00753zt CC Legislation (Version 2).pdf
09-00753zt CC FR 09-24-09 Fact Sheet.pdf
City ofMiami Page 37 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
PZ.12 09-00754zt ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION
609, "SD-9" BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, IN
ORDER TO MODIFY USE REGULATIONS WITHIN THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD (HEPB) DESIGNATED MIAMI
MODERN (MiMo) BISCAYNE BOULEVARD DISTRICT; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: MiMo District, within the "SD-9" Biscayne Boulevard North
Overlay District [Marc David Sarnoff - District 2]
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 with modifications
to Section 609.4, Items 2 and 4 of the legislation, to add: "As long as such
prohibition is not preempted by state law", to City Commission on July 15,
2009 by a vote of 7-0.
PURPOSE: This will modify use regulations within the HEPB designated
MiMo Biscayne Boulevard District.
09-00754zt Zoning Map.pdf
09-00754zt Aerial Map.pdf
09-00754zt PAB Reso.pdf
09-00754zt CC Legislation (Version 2).pdf
09-00754zt CC FR 09-24-09 Fact Sheet.pdf
City ofMiami Page 38 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
PZ.13 09-00872zt ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED,
ENTITLED "HISTORIC PRESERVATION", BY AMENDING SECTION 23-2,
ENTITLED "DEFINITIONS", BY ADDING A DEFINITION OF DEMOLITION
BY NEGLECT; FURTHER ENACTING A NEW SECTION 23-9.1, ENTITLED
"DEMOLITION BY NEGLECT, WHICH WILL PROHIBIT DEMOLITION BY
NEGLECT OF DESIGNATED HISTORIC PROPERTIES; REQUIRE
AFFIRMATIVE MAINTENANCE OF THESE PROPERTIES; PROVIDE
MINIMUM MAINTENANCE STANDARDS; PROVIDE FOR RELIEF DUE TO
ECONOMIC HARDSHIP; PROVIDE FOR CODE ENFORCEMENT
REMEDIES; PROVIDE FOR CIVIL PENALTIES AND INFRACTIONS
INCLUDING LIENS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: See Historic and Environmental Preservation
Board recommendation.
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD:
Recommended approval to City Commission on August 4, 2009 by a vote of
6-0.
PURPOSE: This will prohibit demolition by neglect of designated historic
properties; require affirmative maintenance; provide minimum maintenance
standards; provide for relief due to economic hardship; provide for code
enforcement remedies; and provide for civil penalties and infractions
including liens.
09-00872zt HEPB Reso.pdf
09-00872zt CC Legislation (Version 2).pdf
09-00872zt CC FR 09-24-09 Fact Sheet.pdf
City ofMiami Page 39 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
PZ.14 09-00927zt ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 9, BY ADDING A
NEW SECTION 921 ENTITLED "BICYCLE PARKING", TO PROVIDE
BICYCLE PARKING FACILITIES; SUBJECT TO LIMITATIONS AS SET
FORTH; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Pending recommendation on September
16, 2009.
PURPOSE: This will include off-street enclosed bicycle parking requirements
for new developments with limitations.
09-00927zt CC Legislation (Version 2).pdf
09-00927zt CC FR 09-24-09 Fact Sheet.pdf
City ofMiami Page 40 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
PZ.15 09-00949zt ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, TO PROVIDE FOR A NEW ARTICLE 8.2
ENTITLED "LANDSCAPE ORDINANCE"; CONTAINING A SHORT TITLE
AND APPLICABILITY, INTENT AND PURPOSE, DEFINITIONS, PLANS
SUBMISSION, MINIMUM STANDARDS, PLANS REVIEW CRITERIA,
ENFORCEMENT, MAINTENANCE AND POLICIES THAT ENCOURAGE
THE USE OF ENVIRONMENTALLY -PREFERRED LANDSCAPE AND
IRRIGATION METHODS FOR THE CITY OF MIAMI ("CITY"); CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Pending recommendation on September
16, 2009.
PURPOSE: This will establish minimum landscape standards that apply to all
public and private development when a permit is required.
09-00949zt CC Legislation (Version 2).pdf
09-00949zt CC FR 09-24-09 Fact Sheet.pdf
City ofMiami Page 41 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
PZ.16 09-00953zt ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, TO CREATE SECTION 951 ENTITLED
"HEAT ISLAND EFFECT - ROOF" TO ADD SECTIONS THAT PROVIDE
FOR ENVIRONMENTALLY RESPONSIBLE CONSTRUCTION OF
BUILDING ROOFING SYSTEMS DESIGNED TO DECREASE THE
ABSORPTION AND REMITTANCE OF ATMOSPHERIC HEAT IN CITY OF
MIAMI; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Pending recommendation on September
16, 2009.
PURPOSE: This will reduce the heat island effect in the City of Miami and
reduce energy consumption and bills for buildings within the City.
09-00953zt CC Legislation (Version 2).pdf
09-00953zt CC FR 09-24-09 Fact Sheet.pdf
City ofMiami Page 42 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
PZ.17 09-00954zt ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, TO CREATE SECTION 952 ENTITLED
"HEAT ISLAND EFFECT - NON ROOF" TO ADD SECTIONS THAT
PROVIDE FOR ENVIRONMENTALLY -RESPONSIBLE METHODS FOR
COOLING AND SHADING OF HARDSCAPES IN CITY OF MIAMI;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Pending recommendation on September
16, 2009.
PURPOSE: This will reduce the heat island effect in the City of Miami by
requiring that at least 50% of the hardscape surfaces at new construction
sites (1) use reflective hardscape materials, (2) provide shading for
hardscapes within five years, (3) use vegetative paving systems, or (4) some
combination of the above.
09-00954zt CC Legislation (Version 2).pdf
09-00954zt CC FR 09-24-09 Fact Sheet.pdf
END OF PLANNING AND ZONING ITEMS
City ofMiami Page 43 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
MAYOR AND COMMISSIONER'S ITEMS
CITYWIDE
HONORABLE MAYOR MANUEL A. DIAZ
END OF CITYWIDE ITEMS
City ofMiami Page 44 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
DISTRICT 1
COMMISSIONER ANGEL GONZALEZ
END OF DISTRICT 1
City ofMiami Page 45 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
DISTRICT 2
COMMISSIONER MARC DAVID SARNOFF
D2.1 09-01056 DISCUSSION ITEM
PARKING SPACE REQUIREMENTS:
DISCUSSION ABOUT PARKING SPACE REQUIREMENTS FOR
MULTI -FAMILY BUILDINGS, FOR OFFICE BUILDINGS, FOR
AFFORDABLE HOUSING PROJECTS, FOR BUILDINGS WITH RETAIL
TENANTS AND FOR MIXED USE BUILDINGS.
GIVEN THE FISCAL CRISIS THAT AFFECTS THE CITY, STATE AND
NATIONAL GOVERNMENTS AND THE NECESSITY TO REDUCE
FUNDING FOR PUBLIC TRANSPORTATION HOW HAS THE CITY OF
MIAMI RESPONDED TO THE NEW REALITIES?
DISCUSSION ABOUT THE PLANNING DEPARTMENT REVIEWING
REQUIRED PARKING SPACES PER UNIT AND/OR PARKING SPACES
PER SQUARE FOOT. DISCUSSION ABOUT REQUIRING MORE
PARKING SPACES ON -SITE THAN CURRENTLY MANDATED.
09-01056 Parking Space Requirements.pdf
END OF DISTRICT 2
City ofMiami Page 46 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
DISTRICT 3
CHAIR JOE SANCHEZ
END OF DISTRICT 3
City ofMiami Page 47 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
DISTRICT 4
COMMISSIONER TOMAS REGALADO
END OF DISTRICT 4
City ofMiami Page 48 Printed on 9/18/2009
City Commission
Meeting Agenda September 24, 2009
D5.1 09-01058
DISTRICT 5
VICE CHAIR MICHELLE SPENCE-JONES
DISCUSSION ITEM
DISCUSSION REGARDING AN UPDATE ON CURLY'S HOUSE SITE IN
LIBERTY CITY TO FACILITATE A SENIOR CITIZENS' FEEDING
PROGRAM.
09-01058 Commissioner Michelle Spence-Jones.pdf
D5.2 09-01059 RESOLUTION
DISCUSSION ABOUT THE IMPACT ON SMALL BUSINESSESS
REGARDING DERM'S APPROVAL AS A PREREQUISITE ON THE
CITY'S ISSUANCE OF A CERTIFICATE OF USE, BECAUSE OF THE
COUNTY'S POSITION THAT ALL LICENSES, BUILDING PERMITS,
AND CERTIFICATE OF USE OF MUNICIPALITIES MUST GO
THROUGH DERM.
09-01059 House Site in Liberty City.pdf
END OF DISTRICT 5
City ofMiami Page 49 Printed on 9/18/2009