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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. * * * * * * Formal action may be taken on any item discussed or added to this Agenda. Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will require a verbatim record of the proceeding upon which the appeal is based. Any person with a disability requiring auxiliary aids and services for meetings may call the City Clerk's Office, 250-5360, with requests at least two business days before the meeting date. * * * * * * * * * * * * * * * * * * * * * The City Commission has established a policy that the lunch recess will begin at the conclusion of deliberations of the agenda item being considered at Noon; further, that Commission meetings shall adjourn (a) at the conclusion of deliberation of the agenda item being considered at 10:00 p.m., unless the time is extended by unanimous agreement of the members of the City Commission then present or (b) at the conclusion of the regularly scheduled agenda, whichever occurs first. This rule does not apply when the City Commission is engaged in its annual budget hearings (Ordinance 12586). City ofMiami Page 3 Printed on 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 City ofMiami Page 13 Printed on 9/18/2009 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