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HomeMy WebLinkAboutCC 2009-09-24 Marked AgendaCity of Miami Marked Agenda City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, September 24, 2009 9:00 AM City Hall Commission Chambers 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. city' 0,011611171 Page 1 Printed on 101/2009 City Commission Marked Agenda September 24, 2009 M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 24th day of September 2009, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Sanchez at 9:35 a.m., recessed at 12:11 p.m., reconvened from Executive Session at 3:11 p.m., recessed at 3:19 p.m., reconvened from the Community Redevelopment Agency meeting at 4:08 p.m., recessed at 5:39 p.m., reconvened at 6:08 p.m. for the second budget hearing session, recessed at 9:55 p.m., reconvened at 10:35 p.m., recessed at 12:00 a.m., reconvened at 12:06 a.m., and recessed the meeting at 12:19 a.m. to be continued to Tuesday, September, 29, 2009 at 5:05 p.m. Note for the Record: Commissioner Spence -Jones entered the Commission Chambers at 9:36 a.m and Commissioner Gonzalez entered the Commission Chambers at 9:53 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 29th day of September 2009, the City Commission of the City of Miami, Florida, continued its meeting from September 24, 2009 at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Sanchez at 7:18 p.m., recessed at 11:59 p.m., reconvened at 12:19 a.m. (September 30, 2009), and adjourned at 12:29 a.m. Note for the Record: Commissioner Regalado entered the Commission Chambers at 7:19 p.m and Vice Chair Spence -Jones entered the Commission Chambers at 7:23 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk 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. City ofMiami Page 3 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 MAYORAL VETOES 09-01060 Protocol.pdf PRESENTED 1. Mayor Manuel Diaz recognized Hector Lima for his 22 years of service to the City of Miami and congratulated him for his professional dedication and overall excellence as a City of Miami Administrator. 2. Daisy Kathleen Curry presented a $500,000 Brownfields Job Training Grant with funds supported by the American Recovery and Reinvestment Act to the City of Miami. NO 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 MOVED: SECONDED: Michelle Spence -Jones Marc David Sarnoff Motion to APPROVED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez Special Commission Meeting of August 6, 2009 MOVED: SECONDED: Michelle Spence -Jones Marc David Sarnoff Motion to APPROVED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez Special Commission Meeting of August 6, 2009 on Miami 21 MOVED: SECONDED: Michelle Spence -Jones Marc David Sarnoff Motion to APPROVED PASSED by the following vote. AYES: ABSENT: Budget Workshop of August 14, 2009 MOVED: SECONDED: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez Michelle Spence -Jones Marc David Sarnoff City ofMiami Page 4 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 Motion to APPROVED PASSED by the following vote. AYES: ABSENT: ORDER OF THE DAY Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez END OF APPROVING MINUTES City ofMiami Page 5 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 CONSENT AGENDA 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 R-09-0428 This Matter was ADOPTED on the Consent Agenda. CA.2 09-00978 RESOLUTION Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH 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 PROJECT; FURTHER AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE SAID OPTIONS TO RENEW SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTORS PERFORMANCE. City ofMiami Page 6 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 09-00978 Legislation10-8-09pdf 09-00978 Exhibit 9-24-09.pdf 09-00978 Summary Form 10-8-09.pdf 09-00978 Letter 9-24-09 .pdf 09-00978 Unit Prices 9-24-09.pdf 09-00978 Letter 2 9-24-09.pdf 09-00978 General Condition 9-24-09.pdf MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item CA.2 was deferred to the Commission meeting currently scheduled for October 8, 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 10-8-09.pdf 09-00979 Summary Form 10-8-09.pdf 09-00979 Award Recommendation 9-24-09.pdf 09-00979 Tabulations of Bids 9-24-09.pdf 09-00979 Quote 904113 (1) 9-24-09.pdf 09-00979 Quote 904113(2) 9-24-09.pdf 09-00979 Quote 911109(1) 9-24-09. pdf 09-00979 Quote 911109(2) 9-24-09.pdf 09-00979 Quote 910109 (1) 9-24-09.pdf 09-00979 Quote 910109 (2) 9-24-09.pdf 09-00979 Quote 908110 (1) 9-24-09.pdf 09-00979 Quote 908110 (2) 9-24-09.pdf 09-00979 Quote 911111 (1) 9-24-09.pdf 09-00979 Quote 911111(2) 9-24-09.pdf 09-00979 Addendum N04 9-24-09.pdf 09-00979 Addendum NO.1 9-24-09.pdf 09-00979 Central Headquarters 9-24-09.pdf 09-00979 Invitation for Bid 9-24-09.pdf MOVED: Marc David Sarnoff SECONDED: UNANIMOUS Michelle Spence -Jones City ofMiami Page 7 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item CA.3 was deferred to the Commission meeting currently scheduled for October 8, 2009. 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. 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 R-09-0429 This Matter was ADOPTED on the Consent Agenda. CA.5 09-00889 RESOLUTION City Manager's Office 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 10-8-09.pdf 09-00889 Exhibit 9-24-09.pdf 09-00889 Exhibit 2 9-24-09.pdf 09-00889 Summary Form 10-8-09.pdf MOVED: Marc David Sarnoff SECONDED: UNANIMOUS Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. City ofMiami Page 8 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item CA.5 was deferred to the Commission meeting currently scheduled for October 8, 2009. Adopted the Consent Agenda MOVED: SECONDED: AYES: Michelle Spence -Jones Marc David Sarnoff Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA SPECIALLY SCHEDULED ITEM SS.1 09-00923a RESOLUTION Department of Solid Waste 10:30 A.M. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH 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 SUB.pdf 09-00923a-Exhibit 2-SUB.pdf 09-00923a Summary Form.pdf R-09-0432 MOVED: SECONDED: UNANIMOUS Tomas Regalado Marc David Sarnoff Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF SPECIALLY SCHEDULED ITEM PUBLIC HEARINGS A sign language interpreter translated discussion of items PH.1 - PH.2. 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 City ofMiami Page 9 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 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 09-00991-Exhibit-S U B. pdf 09-00981-Memo-City Manager-Exhibiit A Substitution for PH.1.pdf 09-00981 Summary Form.pdf 09-00981Public Notice.pdf 09-00981Homeless Prevention Program.pdf 09-00981 Florida Non Profit .pdf R-09-0430 MOVED: SECONDED: Angel Gonzalez Marc David Sarnoff Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff and Spence -Jones ABSENT: Commissioner Sanchez and Regalado PH.2 09-00984 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING AND AUTHORIZING THE CITY MANAGER Development 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 R-09-0431 MOVED: SECONDED: Angel Gonzalez Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff and Spence -Jones Commissioner Sanchez and Regalado END OF PUBLIC HEARINGS ORDINANCES - SECOND READING SR.1 09-00891 ORDINANCE Second Reading City of Miami Page 10 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 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 13088 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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 13089 MOVED: SECONDED: UNANIMOUS Angel Gonzalez Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones SR.3 09-00909 ORDINANCE Second Reading Department of Employee Relations AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING 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 City of Miami Page 11 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 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 13090 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones SR.4 09-00951 ORDINANCE Second Reading Department of Employee Relations AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING 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 13091 MOVED: SECONDED: UNANIMOUS Angel Gonzalez Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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 City ofMiami Page 12 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 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 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. City ofMiami Page 13 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 09-00933 Memo FR/SRpdf 09-00933 Legislation.SR pdf 09-00933 Memo SR.pdf 09-00933 Legislation.pdf 13092 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Commissioner Sarnoff to the Chief Executive Officer to take all necessary actions to immediately address any arrears in payments owed by entities to the Miami Parking Authority. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING 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 SR.pdf 09-00987 Summary Form FR/SR.pdf MOVED: SECONDED: UNANIMOUS Angel Gonzalez Tomas Regalado Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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. City ofMiami Page 14 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 09-00990 Legislation SRpdf 09-00990 Summary Form FR/SR.pdf MOVED: SECONDED: Angel Gonzalez Marc David Sarnoff Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Commissioner Sanchez 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-Exhibit-SU BSR. pdf 09-00991 Legislation FR/SR.pdf 09-00991 Summary Form FR/SR.pdf MOVED: Angel Gonzalez SECONDED: Marc David Sarnoff Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones ABSENT: Commissioner Sanchez Direction by Vice Chair Spence -Jones to the City Manager to consider the option to set -aside a portion of the monies generated by the increase in fees, and to allocate same to the small business community in the City of Miami. Direction by Commissioner Regalado to the City Attorney to draft a resolution to Miami -Dade County encouraging the county to allow the payment of DERM license fees on an installment basis, and to bring back said resolution to the City Commission for its consideration. 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. City ofMiami Page 15 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 09-01064 Legislation SR.pdf MOVED: SECONDED: UNANIMOUS Joe Sanchez Angel Gonzalez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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 09-01065-Submittal-District 3 Draft Ordinance.pdf 09-01065-Submittal-Larry Spring.pdf MOVED: Michelle Spence -Jones SECONDED: UNANIMOUS Joe Sanchez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Commissioner Regalado to the City Manager to provide a report, along with its impact, on the possible reduction of the pension plan for elected officials in the future. Note for the Record: Item FR.5 was deferred to the Commission meeting currently scheduled for October 8, 2009. 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 SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 09-01066 Legislation.pdf 09-01066-Submittal-Draft Ordinance.pdf MOVED: SECONDED: Joe Sanchez Tomas Regalado Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS FAILED by the following vote. City ofMiami Page 16 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 AYES: NOES: Commissioner Sanchez and Regalado Commissioner Gonzalez, Sarnoff and Spence -Jones MOVED: SECONDED: UNANIMOUS Joe Sanchez Tomas Regalado Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Commissioner Sarnoff to the City Manager to provide a report regarding any cost savings to the City by the City Attorney upon her conversion from a 401(a) retirement plan to the GESE retirement plan. Note for the Record: Item FR.6 was deferred to the Commission meeting currently scheduled for October 8, 2009. 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 LegislationSR.pdf 09-01068 Summary Form FR/SR.pdf MOVED: SECONDED: Angel Gonzalez Tomas Regalado Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff and Sanchez Commissioner Regalado and Spence -Jones END OF FIRST READING ORDINANCES 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 R-09-0435 City of Miami Page 17 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones 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. 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 18 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 R-09-0434 MOVED: SECONDED: Angel Gonzalez Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: NOES: ABSENT: Commissioner Gonzalez, Sanchez and Regalado Commissioner Sarnoff Commissioner Spence -Jones 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 R-09-0436 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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 City ofMiami Page 19 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 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 R-09-0437 MOVED: SECONDED: UNANIMOUS Angel Gonzalez Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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 R-09-0438 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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 City ofMiami Page 20 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 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-SUB. pdf 09-01055 Exhibit.pdf 09-01055-Exhibit 2.pdf 09-01055-Exhibit 3.pdf 09-01055-Exhibit 4.pdf 09-01055 Summary Form.pdf 09-01055 Planning Fact Sheet. pdf MOVED: Marc David Sarnoff SECONDED: UNANIMOUS Michelle Spence -Jones Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones MOVED: SECONDED: Marc David Sarnoff Michelle Spence -Jones Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Spence -Jones Commissioner Gonzalez and Regalado (RE.6) 09-01055 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), ACCEPTING AND APPROVING THE AMENDED OMNI REDEVELOPMENT PLAN, ATTACHED HERETO AND INCORPORATED HEREIN AS "EXHIBIT "A", (HEREINAFTER, THE "PLAN"), AS AMENDED TO INCLUDE THE PORT TUNNEL AND MUSEUM PARK PROJECTS, ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBITS "B" AND "C" (HEREINAFTER, COLLECTIVELY, THE "PROJECTS") (HEREINAFTER, THE PLAN, AS AMENDED TO INCLUDE THE PROJECTS, SHALL COLLECTIVELY BE REFERRED TO AS "THE AMENDED 2009 PLAN"); ACKNOWLEDGING THAT THE PLAN IS IN CONFORMITY WITH THE CITY'S COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE CITY; ACCEPTING THE EXPANDED BOUNDARIES AS SET FORTH IN APPENDIX "C" OF THE AMENDED 2009 PLAN; DIRECTING THE CITY MANAGER TO TRANSMIT THE AMENDED 2009 PLAN TO THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS FOR APPROVAL; INCORPORATING THE EXPANDED BOUNDARIES IN THE AMENDED 2009 PLAN; AND FILING THE LEGAL DESCRIPTION OF SAID BOUNDARIES, WITH A REVISED MAP, WITH City ofMiami Page 2] Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 THE CITY CLERK, PURSUANT TO APPLICABLE LAW, UPON THE APPROVAL AND ADOPTION OF THE AMENDED 2009 PLAN BY THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS; FURTHER AUTHORIZING THE EXPANSION OF THE EXPANDED BOUNDARIES, IF AND TO THE EXTENT NECESSARY, TO INCLUDE THE PORT TUNNEL PROJECT, IN ACCORDANCE WITH THE FINDING OF NECESSITY. 09-01055-Legislation-SUB. pdf 09-01055 Exhibit.pdf 09-01055-Exhibit 2.pdf 09-01055-Exhibit 3.pdf 09-01055-Exhibit 4.pdf 09-01055 Summary Form.pdf 09-01055 Planning Fact Sheet. pdf MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez and Spence -Jones ABSENT: Commissioner Gonzalez and Regalado RE.7 08-00678a RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office 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 08-000678a-Submittal- Sign Location Agreement- Jose Marti Park.pdf 08-000678a-Submittal- Sign Location Agreement- Robert King High Park.pdf 08-000678a-Submittal- Sign Location Agreement- Overtown Plaza.pdf R-09-0439 MOVED: SECONDED: UNANIMOUS Angel Gonzalez Michelle Spence -Jones Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones RE.8 08-00678b RESOLUTION City ofMiami Page 22 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office 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 08-000678b-Submittal- Sign Location License Agreement- Grapeland Park.pdf R-09-0440 MOVED: SECONDED: UNANIMOUS Angel Gonzalez Michelle Spence -Jones Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones RE.9 09-01053 RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING Commissioner FLORIDA POWER AND LIGHT 'S SITE CERTIFICATION APPLICATION Marc David TO PLACE OVERHEAD HIGH VOLTAGE TRANSMISSION LINES ON Sarnoff 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 10-8-09.pdf MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item RE.9 was deferred to the Commission meeting currently scheduled for October 8, 2009. RE.10 09-01062 RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Commissioner SOUTHEAST 25TH ROAD FROM BRICKELL AVENUE TO BISCAYNE BAY, Marc David MIAMI, FLORIDA, AS "TORY JACOBS BOULEVARD;" FURTHER Sarnoff DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. City ofMiami Page 23 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 09-01062 Legislation 10-8-09. pdf 09-01062 Biography 10-8-09.pdf 09-01062 Application 9-24-09.pdf MOVED: Marc David Sarnoff SECONDED: UNANIMOUS Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item RE.10 was deferred to the Commission meeting currently scheduled for October 8, 2009. RE.11 09-01061 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING ITS Office 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 R-09-0451 MOVED: SECONDED: UNANIMOUS Tomas Regalado Angel Gonzalez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to open a public hearing for RE.11. RE.12 09-01067 RESOLUTION District 3- Chair A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE Joe Sanchez 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-SUB. pdf R-09-0433 MOVED: Joe Sanchez City ofMiami Page 24 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 RE.13 09-00451 Office of Strategic Planning, Budgeting, and Performance 2:00 P.M. ES.1 09-01035 Office of the City Attorney SECONDED: UNANIMOUS Michelle Spence -Jones Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Chair Sanchez to the Administration to review the accrual policy for hours accumulated by unclassified city employees and to consider the establishment of a cap for said accumulation, and to provide a policy for City Commission consideration in 30 days. 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 MOVED: SECONDED: UNANIMOUS Angel Gonzalez Marc David Sarnoff Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF RESOLUTIONS EXECUTIVE SESSION EXECUTIVE SESSION UNDER THE PARAMETERS OF F.S. §286.011(8) [2008]. THE 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. City ofMiami Page 25 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 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 DISCUSSED END OF EXECUTIVE SESSION 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. City ofMiami Page 26 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 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 R-09-0441 MOVED: Michelle Spence -Jones SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Commissioner Sarnoff 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. City ofMiami Page 27 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 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 R-09-0442 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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'. City ofMiami Page 28 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 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 13094 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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. City ofMiami Page 29 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 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 13095 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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 10/1/2009 City Commission Marked Agenda September 24, 2009 R-09-0443 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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 City ofMiami Page 31 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 13096 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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 13097 MOVED: SECONDED: Michelle Spence -Jones Angel Gonzalez City ofMiami Page 32 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item PZ.8 was deferred to the Commission meeting currently scheduled for October 8, 2009. PZ.9 09-00874zt 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 10, SECTION 10.1, ENTITLED "PURPOSE OF SIGN REGULATIONS; APPLICABILITY; City ofMiami Page 33 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 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 EFFECTIVE DATE OF OCTOBER 5, 2009. 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 13098 MOVED: SECONDED: UNANIMOUS Angel Gonzalez Tomas Regalado Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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. City ofMiami Page 34 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 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 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item PZ.10 was deferred to the Commission meeting currently scheduled for October 8, 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. City ofMiami Page 35 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 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 MOVED: Marc David Sarnoff SECONDED: UNANIMOUS Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item PZ.11 was deferred to the Commission meeting currently scheduled for October 8, 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. City ofMiami Page 36 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 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 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item PZ.12 was deferred to the Commission meeting currently scheduled for October 8, 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. City ofMiami Page 37 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 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 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item PZ.13 was deferred to the Commission meeting currently scheduled for October 8, 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. City ofMiami Page 38 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 09-00927 CC 10-8-09 Legislation (Version 4).pdf 09-00927zt CC FR 10-08-09 Fact Sheet.pdf 09-00927zt PAB Reso.pdf MOVED: SECONDED: UNANIMOUS Angel Gonzalez Marc David Sarnoff Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item PZ.14 was deferred to the Commission meeting currently scheduled for October 8, 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 10-8-09 Legislation (version 3).pdf 09-00949zt CC FR 10-08-09 Fact Sheet.pdf 09-00949zt PAB Reso.pdf MOVED: SECONDED: UNANIMOUS Angel Gonzalez Marc David Sarnoff Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item PZ.15 was deferred to the Commission meeting currently scheduled for October 8, 2009. PZ.16 09-00953zt ORDINANCE First Reading City ofMiami Page 39 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 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 4).pdf 09-00953zt CC FR 10-08-09 Fact Sheet.pdf 09-00953zt PAB Reso.pdf MOVED: SECONDED: UNANIMOUS Angel Gonzalez Marc David Sarnoff Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item PZ.16 was deferred to the Commission meeting currently scheduled for October 8, 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. City ofMiami Page 40 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 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 4).pdf 09-00954zt CC FR 09-24-09 Fact Sheet.pdf 09-00954zt PAB Reso.pdf MOVED: SECONDED: UNANIMOUS Angel Gonzalez Marc David Sarnoff Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item PZ.17 was deferred to the Commission meeting currently scheduled for October 8, 2009. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 09-01056 DISCUSSION ITEM City ofMiami Page 4] Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 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 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item D2.1 was deferred to the Commission meeting currently scheduled for October 8, 2009. END OF DISTRICT 2 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES D5.1 09-01058 DISCUSSION ITEM DISCUSSION REGARDING AN UPDATE ON CURLY'S HOUSE SITE IN LIBERTY CITY TO FACILITATE A SENIOR CITIZENS' FEEDING PROGRAM. City ofMiami Page 42 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 09-01058 Email.pdf MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item D5.1 was deferred to the Commission meeting currently scheduled for October 8, 2009. D5.2 09-01059 DISCUSSION ITEM DISCUSSION ABOUT THE IMPACT ON SMALL BUSINESS 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 Email.pdf MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Michelle Spence -Jones Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item D5.2 was deferred to the Commission meeting currently scheduled for October 8, 2009. NA.1 09-01084 PRESENTATION NA.2 09-01085 END OF DISTRICT 5 NON AGENDA ITEMS RECOGNITION OF MARIO SOLDEVILLAS 20 YEARS OF SERVICE TO THE CITY OF MIAMI. PRESENTED DISCUSSION ITEM RECOGNITION OF STEPHANIE GRINDELLS SERVICE TO THE CITY OF MIAMI. DISCUSSED NA.3 09-00848 RESOLUTION City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE , AN AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT City ofMiami Page 43 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 EXECUTED ON MARCH 31, 1983 BETWEEN THE CITY OF MIAMI, MIAMI-DADE COUNTY AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, IN SUBSTANTIALLY THE ATTACHED FORM. 09-00848 Legislation.pdf 09-00848 Exhibit.pdf 09-00848 Summary Form.pdf R-09-0444 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones NA.4 09-01086 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE MEMORANDUM OF UNDERSTANDING, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AFSCME, AFL-CIO, LOCAL 871 IN ORDER TO ADDRESS PROJECTED DEFICIT IN THE 2010 FISCAL YEAR BUDGET, INCLUDING AMENDING ARTICLES 20 AND 28 OF THE 2007-2010 COLLECTIVE BARGAINING AGREEMENT. 09-01086 Exhibit.pdf 09-01086-Submittal-Memo-City Manager.pdf 09-01086-Submittal-Joe Simmons.pdf R-09-0445 MOVED: SECONDED: UNANIMOUS Angel Gonzalez Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones NA.5 09-01087 ORDINANCE Non -Agenda (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING 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," TO PROVIDE FOR A LIMITED DROP INCENTIVE PROGRAM; MORE PARTICULARLY BY AMENDING SECTION 40-255; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 44 Printed on 10/1/2009 City Commission Marked Agenda September 24, 2009 NA.6 09-01087-Submittal-Memo-Ciy Manager.pdf 13099 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Angel Gonzalez Motion that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 09-01088 DISCUSSION ITEM THE EXECUTIVE SESSION CURRENTLY SCHEDULED FOR OCTOBER 8, 2009 INVOLVING THE SIDNEY S. AND DANIELLE WELLMAN CASE WAS MOVED TO THE OCTOBER 22, 2009 MIAMI CITY COMMISSION MEETING. DISCUSSED ADJOURNMENT A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to adjourn the September 29, 2009 Miami City Commission meeting. City ofMiami Page 45 Printed on 10/1/2009