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HomeMy WebLinkAboutCC 2009-10-22 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, October 22, 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 October 22, 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 of Miami Page 2 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 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 of Miami Page 3 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 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.14 may be heard in the number sequence or as announced by the Commission PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCES SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS ES - EXECUTIVE SESSION 2:00 P.M.-SIDNEY S. AND DANIELLE WELLMAN VS. CITY OF MIAMI 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 of Miami Page 4 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS AND PROCLAMATIONS PR.1 09-01155 PRESENTATION Honoree Presenter Protocol Item Rodney Barreto Mayor Diaz Salute Lights On Proclamation Afterschool Day The Children's Trust Salute Community Salute Learning Centers Latino Art Beat Recognition Winners Katherine Ordenz Salute Northwestern Commissioner High Spence -Jones School Bulls Band Members Commendation Benny Bolden,Jr Salute Band Director 09-01155 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 and Zoning Meeting of September 24, 2009 Second Budget Hearing of September 24, 2009 END OF APPROVING MINUTES City of Miami Page 5 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 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.14 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.14 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 09-01095 Department of Purchasing RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED SEPTEMBER 3, 2009, PURSUANT TO INVITATION FOR BID NO. 144134, FROM PAT'S PUMP AND BLOWER, LLC, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF VACTOR TRUCK PARTS FOR THE PUBLIC WORKS DEPARTMENT, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-01095 Legislation.pdf 09-01095 Summary Form.pdf 09-01095 Award Recommendation -Approval Form.pdf 09-01095 Tabulation Bid.pdf 09-01095 Pat's Pump & Blower, L.L.C..pdf 09-01095 Invitation for Bid.pdf CA.2 09-01096 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED SEPTEMBER 10, 2009, PURSUANT TO INVITATION FOR BID NO. 163131, FROM GRM INFORMATION MANAGEMENT SERVICES, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE PURCHASE OF COMMERCIAL RECORDS MANAGEMENT SERVICES, ON A CITYWIDE, AS- NEEDED CONTRACTUAL BASIS, FOR AN INITIAL 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 DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 6 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 09-01096 Legislation.pdf 09-01096 Summary Form.pdf 09-01096 Award Recommendation -Approval Form.pdf 09-01096 Tabulation.pdf 09-01096 Invitation for Bid.pdf City of Miami Page 7 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 CA.3 09-01098 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Purchasing BIDS RECEIVED JULY 14, 2009, PURSUANT TO INVITATION FOR BIDS NO. 152131, FROM TROPEX CONSTRUCTION SERVICES, INC. (PRIMARY) AND PAUL DAVIS RESTORATION OF GREATER MIAMI (SECONDARY), FOR SECURING/BOARDING UP OF VACANT PROPERTIES, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-01098 Legislation.pdf 09-01098 Summary Form.pdf 09-01098 Award Recommendation.pdf 09-01098 Tabulation of Bids.pdf 09-01098 Invitation for Bids.pdf CA.4 09-01099 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT Recreation FOR FISCAL YEAR 2009-2010 ENTITLED: "CHILD DAY CARE FOOD PROGRAM" AND APPROPRIATING FUNDS, IN THE ESTIMATED AMOUNT OF $61,743, CONSISTING OF ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILD NUTRITION PROGRAMS CHILD CARE FOOD PROGRAM ADMINISTERING FUNDS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE; AUTHORIZING THE CITY MANAGER TO ACCEPT SUCH ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE OPERATION OF A YEAR-ROUND FOOD SERVICE PROGRAM FOR PRESCHOOL -AGED CHILDREN IN CITY OF MIAMI PARKS, WITH CONDITIONS AS STATED HEREIN. 09-01099 Legislation.pdf 09-01099 Exhibit 1.pdf 09-01099 Exhibit 2.pdf 09-01099 Exhibit 3.pdf 09-01099 Exhibit 4.pdf 09-01099 Summary Form.pdf CA.5 09-01100 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "NIJ FY 09 COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANT PROGRAM" AND APPROPRIATING FUNDS, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE/OFFICE OF JUSTICE PROGRAMS, NATIONAL INSTITUTE OF JUSTICE, IN THE AMOUNT OF $123,695, FOR THE DEPARTMENT OF City of Miami Page 8 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 POLICE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 09-01100 Legislation.pdf 09-01100 Exhibit 1.pdf 09-01100 Exhibit 2.pdf 09-01100 Summary Form.pdf 09-01100 Letter 1.pdf 09-01100 Letter 2.pdf 09-01100 Memo.pdf 09-01100 Proposal Abstract.pdf 09-01100 Statement of the Problem.pdf 09-01100 Data Collection Plan 1.pdf 09-01100 Part 1 Violent Crimes.pdf 09-01100 Budget Narrative.pdf 09-01100 Budget Detail Worksheet.pdf 09-01100 Data Collection Plan 2.pdf City of Miami Page 9 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 CA.6 09-01101 Department of Police CA.7 09-01102 Department of Police CA.8 09-01128 District 2- Commissioner Marc David Sarnoff RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "SOUTH FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA ("HIDTA") VIOLENT CRIMES AND DRUG TRAFFICKING ORGANIZATION" INITIATIVE AND APPROPRIATING FUNDS, CONSISTING OF A GRANT AWARD, IN THE AMOUNT OF $30,000, FROM SOUTH FLORIDA HIDTA; AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE THE AWARD LETTER, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 09-01101 Legislation.pdf 09-01101 Exhibit .pdf 09-01101 Summary Form.pdf 09-01101Violent Crime -Drug Trafficking .pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI-DADE STATE ATTORNEY'S OFFICE AND OTHER LAW ENFORCEMENT PARTICIPATING AGENCIES, TO CONTINUE TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES, TO ENSURE PUBLIC SAFETY AND ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO NATURAL AND MANMADE DISASTERS OR EMERGENCIES AS DEFINED IN PART 1, CHAPTER 23, OF THE FLORIDA STATUTES. 09-01102 Legislation.pdf 09-01102 Exhibit.pdf 09-01102 Summary Form.pdf 09-01102 Text File Report.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR CHARLIE CRIST AND THE FLORIDA LEGISLATURE TO SUPPORT A MIAMI TO ORLANDO BULLET TRAIN AND TO ADOPT MEASURES TO SAVE TRI-RAIL FROM DEFAULT INCLUDING THE ENACTMENT OF A TWO DOLLAR ($2) PER DAY CAR RENTAL SURCHARGE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS STATED HEREIN. 09-01128 Legislation.pdf City of Miami Page 10 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 CA.9 09-01137 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "FISCAL YEAR 2009 GANG RESISTANCE EDUCATION AND TRAINING (G.R.E.A.T.) PROGRAM," CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, AND IN -KIND SERVICES FROM THE CITY OF MIAMI POLICE DEPARTMENT, IN THE AMOUNT OF $8,178, FOR THE REQUIRED MATCH, FOR A TOTAL AMOUNT OF $79,101; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 09-01137 Legislation.pdf 09-01137 Exhibit 1.pdf 09-01137 Exhibit 2.pdf 09-01137 Summary Form.pdf 09-01137 Letter 1.pdf 09-01137 Letter 2.pdf 09-01137 Letter 3.pdf 09-01137 Memo.pdf 09-01137 Budgetary Impact Analysis.pdf 09-01137 G.R.E.A.T. 09 Budget Narrative 1.pdf 09-01137 E-Mail.pdf 09-01137 Grant Application Package.pdf 09-01137 Non -Construction Programs.pdf 09-01137 Budget Narrative Files.pdf 09-01137 Disclosure Lobbying Activities.pdf 09-01137 Project Narrative Files.pdf 09-01137 Survey on Ensuring .pdf 09-01137 Statement of Problem.pdf 09-01137 G.R.E.A.T. 09 Budget Narrative 2.pdf 09-01137 Budget Detail Worksheet.pdf 09-01137 Appendix B.pdf CA.10 09-01139 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: " COPS TECHNOLOGY PROGRAM," CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES, IN THE AMOUNT OF $400,000, TO PROVIDE FUNDING FOR A DIGITAL PHOTO LAB WITHIN THE CRIMINAL INVESTIGATIONS DIVISION OF THE DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. City of Miami Page 11 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 09-01139 Legislation.pdf 09-01139 Exhibit 1.pdf 09-01139 Exhibit 2.pdf 09-01139 Summary Form.pdf 09-01139 Letter.pdf 09-01139 Accepting Grant Award.pdf 09-01139 Memo.pdf 09-01139 Grant Application Package. pdf 09-01139 Cops Application Attachment .pdf 09-01139 General Agency Inf..pdf 09-01139 Section 4 Law Enforcement.pdf 09-01139 Section 5 Continuation of Project.pdf 09-01139 Budget Detail Worksheets 1 .pdf 09-01139 E-Mail 1.pdf 09-01139 Pete Borges US Department.pdf 09-01139 E-Mail 2.pdf 09-01139 Technology Project.pdf 09-01139 Budget Detail Worksheets 2.pdf 09-01139 Budget Summary.pdf City of Miami Page 12 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 CA.11 09-01140 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: " FISCAL YEAR 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM," CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF $622,722, TO PROVIDE FUNDING TO IMPLEMENT AND EXPAND TWO (2) PROJECTS TO INCLUDE, TECHNOLOGY ACQUISITION AND EQUIPMENT IMPROVEMENT, AND THE ADDITION OF CANINES (K-9S); AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 09-01140 Legislation.pdf 09-01140 Exhibit 1.pdf 09-01140 Exhibit 2.pdf 09-01140 Summary Form.pdf 09-01140 Letter 1.pdf 09-01140 Letter 2.pdf 09-01140 Memo.pdf 09-01140 Submit Application.pdf 09-01140 Application for Federal Assistance.pdf 09-01140 Program Narrative -Attachment 1.pdf 09-01140 Attachment 2.pdf 09-01140 Budget Narrative.pdf CA.12 09-01152 RESOLUTION Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DOWNTOWN DEVELOPMENT AUTHORITY TO EMPLOY OR RETAIN ITS OWN COUNSEL FOR LEGAL SERVICES OR IN THE ALTERNATIVE, COMPENSATE THE CITY ATTORNEY FOR LEGAL SERVICES RENDERED BY THE CITY ATTORNEY; ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "OFFICE OF THE CITY ATTORNEY LEGAL SERVICES FEES COLLECTED FROM OUTSIDE AGENCIES," FOR THE APPROPRIATION OF SAID FUNDS COLLECTED. 09-01152 Legislation.pdf 09-01152 Memo.pdf CA.13 09-01154 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY ATTORNEY TO REQUEST THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES TO EMPLOY OR RETAIN ITS OWN GENERAL COUNSEL FOR LEGAL SERVICES OR IN THE ALTERNATIVE, COMPENSATE THE CITY ATTORNEY FOR LEGAL SERVICES RENDERED BY THE CITY ATTORNEY AS GENERAL COUNSEL; ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "OFFICE OF THE CITY ATTORNEY LEGAL SERVICES FEES COLLECTED FROM OUTSIDE AGENCIES," FOR THE APPROPRIATION OF SAID FUNDS COLLECTED. City of Miami Page 13 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 09-01154 Legislation.pdf 09-01154 Exhibit 1.pdf 09-01154 Exhibit 2.pdf 09-01154 Memo.pdf City of Miami Page 14 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 CA.14 09-01164 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR CHARLIE CRIST AND MEMBERS OF THE FLORIDA LEGISLATURE TO CODESIGNATE SOUTHWEST 8TH STREET FROM SOUTHWEST 10TH AVENUE TO SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA, AS "BRIGADA 2506 STREET, CARLOS RODRIGUEZ SANTANA"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. SPONSORS:HONORABLE MAYOR DIAZ CHAIRMAN SANCHEZ 09-01164 Legislation.pdf 09-01164 Biography.pdf END OF CONSENT AGENDA City of Miami Page 15 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 PUBLIC HEARINGS PH.1 09-01103 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "MIAMI SENIOR HIGH SCHOOL", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1 ", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 09-01103 Legislation.pdf 09-01103 Exhibit 1.pdf 09-01103 Exhibit 2.pdf 09-01103 Exhibit 3.pdf 09-01103 Exhibit 4.pdf 09-01103 Exhibit 5.pdf 09-01103 Summary Form.pdf 09-01103 Memo 1.pdf 09-01103 Notice of Public Hearing 1.pdf 09-01103 Memo 2.pdf 09-01103 Notice of Public Hearing 2.pdf PH.2 09-01150 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA DESIGNATING THE ENTIRE CITY OF MIAMI, FLORIDA AS A "RECOVERY ZONE" FOR PURPOSES OF SECTIONS 1400U-1, 1400U-2 AND 1400U-3 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING FOR THE USE OF ALLOCATIONS RECEIVED FOR RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS AND RECOVERY ZONE FACILITY BONDS WITHIN SUCH RECOVERY ZONE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSORS:CITY MANAGER'S OFFICE DEPARTMENT OF FINANCE 09-01150 Legislation.pdf 09-01150 Summary Form.pdf 09-01150 Notice of Public Hearing.pdf 09-01150 Miami Herald.pdf PH.3 09-01150a DISCUSSION ITEM A PUBLIC HEARING REQUIRED BY SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, TO CONSIDER THE PLAN OF FINANCING FOR THE RECOVERY ZONE BONDS IN SERIES 2009C IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $11 MILLION (IN City of Miami Page 16 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 CONNECTION WITH THE ISSUANCE OF NOT TO EXCEED $135 MILLION IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY'S SPECIAL OBLIGATION PARKING REVENUE BONDS SERIES 2009 A, B, & C (MARLINS STADIUM PROJECT). SPONSORS:CITY MANAGER'S OFFICE DEPARTMENT OF FINANCE 09-01150a Summary Form.pdf 09-01150a Notice of Public Hearing.pdf 09-01150a Miami Herald Ad.pdf City of Miami Page 17 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 PH.4 09-01150b RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, WITH ATTACHMENT(S), PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $135,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF MIAMI, FLORIDA SPECIAL OBLIGATION PARKING REVENUE BONDS, SERIES 2009 (MARLINS STADIUM PROJECT) TO BE ISSUED IN ONE OR MORE SERIES ON A TAXABLE AND TAX-EXEMPT BASIS, TO FINANCE THE CITY'S PORTION OF THE CONSTRUCTION OF THE PARKING FACILITIES FOR THE NEW FLORIDA MARLINS BASEBALL STADIUM AND COSTS OF ISSUANCE ASSOCIATED WITH THE SERIES 2009 BONDS; MAKING CERTAIN FINDINGS AND DETERMINATIONS; DELEGATING TO THE CITY MANAGER THE DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING THE SERIES 2009 BONDS; PROVIDING FOR THE FUNDING OF A RESERVE FUND; AUTHORIZING A NEGOTIATED SALE OF THE SERIES 2009 BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH; APPOINTING A PAYING AGENT AND BOND REGISTRAR; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT AND REGISTRAR AGREEMENT; APPROVING UNCERTIFICATED, BOOK ENTRY ONLY REGISTRATION OF SAID SERIES 2009 BONDS WITH THE DEPOSITORY TRUST COMPANY; APPROVING THE FORM AND AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND PROVIDING FOR THE SELECTION OF A FINANCIAL PRINTER THEREFOR; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE SERIES 2009 BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12 AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT THERETO; AUTHORIZING ALL REQUIRED ACTIONS BY THE CITY MANAGER AND ALL OTHER CITY OFFICIALS; AND PROVIDING AN EFFECTIVE DATE. SPONSORS:CITY MANAGER'S OFFICE DEPARTMENT OF FINANCE 09-01150b Complete Legislation.pdf 09-01150b Exhibit 1.pdf 09-01150b Exhibit 2.pdf 09-01150b Exhibit 3.pdf 09-01150b Exhibit 4.pdf 09-01150b Summary Form.pdf 09-01150b Ad.pdf City of Miami Page 18 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 PH.5 09-01113 RESOLUTION Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY, FOR THE PROVISION OF WORKERS COMPENSATION CLAIMS ADMINISTRATION SERVICES, AND GENERAL, AUTOMOBILE AND PROFESSIONAL LIABILITY CLAIMS ADMINISTRATION SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH GALLAGHER BASSET SERVICES, INC., FOR SAID PURPOSE ON BEHALF OF THE DEPARTMENT OF RISK MANAGEMENT, UNTIL ISSUANCE OF A NEW REQUEST FOR PROPOSALS, AWARD OF THE REQUEST FOR PROPOSALS TO THE SUCCESSFUL PROPOSER, AND EXECUTION OF AN AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 09-01113 Legislation.pdf 09-01113 Exhibit 1.pdf 09-01113 Exhibit 2.pdf 09-01113 Exhibit 3.pdf 09-01113 Exhibit 4.pdf 09-01113 Summary Form.pdf 09-01113 Memo 1.pdf 09-01113 Notice of Public Hearing.pdf 09-01113 Memo 2.pdf 09-01113 Certificate of Liability Insurance 1.pdf 09-01113 Certificate of Liability Insurance 2.pdf 09-01113 Certificate of Liability Insurance 3.pdf 09-01113 Certificate of Liability Insurance 4.pdf END OF PUBLIC HEARINGS City of Miami Page 19 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 ORDINANCES -EMERGENCY (Note: This item is being presented as an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety and property of the City of Miami, and upon further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies and to generally carry on the functions and duties of municipal affairs) EM.1 09-01156 ORDINANCE Department of Employee Relations EMERGENCY ORDINANCE (4/5 THS 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 EXTENDED DROP INCENTIVE PROGRAM; MORE PARTICULARLY BY AMENDING SECTION 40-255; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-01156 Legislation.pdf 09-01156 Summary Form.pdf EM.2 09-01135 ORDINANCE EMERGENCY ORDINANCE City Manager's (4/STHS VOTE) Office AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AMENDING CHAPTER 18/ARTICLE X, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), ENTITLED "FINANCE/LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES", TO EXPAND THE TIME FRAME FOR APPLICATION OF THE LIVING WAGE TO CITY OF MIAMI EMPLOYEES; MORE PARTICULARLY BY AMENDING SECTION 18-557 OF THE CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01135 Legislation.pdf 09-01135 Summary Form.pdf END OF EMERGENCY ORDINANCES City of Miami Page 20 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 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 09-01065 ORDINANCE SECOND 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 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 FR 10-8-09.pdf 09-01065 Legislation SR.pdf DATE: SEPTEMBER 24, 2009 MOVER: VICE CHAIR SPENCE-JONES SECONDER: CHAIR SANCHEZ VOTE: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES ACTION: DEFERRED --PASSED DATE: OCTOBER 8, 2009 MOVER: CHAIR SANCHEZ SECONDER: COMMISSIONER SARNOFF VOTE: AYES: 4 - COMMISSIONER SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES NOES: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING WITH MODIFICATIONS- -PASSED City of Miami Page 21 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 SR.2 09-01066 ORDINANCE SECOND 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 FR/SR .pdf DATE: SEPTEMBER 24, 2009 MOVER: CHAIR SANCHEZ SECONDER: COMMISSIONER REGALADO VOTE: AYES: 2 - COMMISSIONER SANCHEZ AND REGALADO NOES: 3 - COMMISSIONER GONZALEZ, SARNOFF AND SPENCE-JONES ACTION: PASSED ON FIRST READING WITH MODIFICATIONS- -FAILED DATE: SEPTEMBER 24, 2009 MOVER: CHAIR SANCHEZ SECONDER: COMMISSIONER REGALADO VOTE: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES ACTION: DEFERRED --PASSED DATE: OCTOBER 8, 2009 MOVER: CHAIR SANCHEZ SECONDER: COMMISSIONER REGALADO VOTE: AYES: 3 - COMMISSIONER SARNOFF, SANCHEZ AND REGALADO ABSENT: 2 - COMMISSIONER GONZALEZ AND SPENCE-JONES ACTION: PASSED ON FIRST READING --PASSED END OF ORDINANCES - SECOND READINGS City of Miami Page 22 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 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 09-00094 ORDINANCE FIRST READING City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office CHAPTER 11.5, ARTICLE II OF THE CODE, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW/THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL," MORE PARTICULARLY BY AMENDING SECTION 11.5-28, ENTITLED "MEMBERSHIP; NOMINATION OF MEMBERS; TERMS OF OFFICE AND VACANCIES; APPOINTMENT OF THE CIP NOMINATING COMMITTEE;" TO AMEND THE MEMBERSHIP, APPOINTMENT PROCESS AND TERMS OF OFFICE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-00094 Legislation.pdf 10-22-09 09-00094 Summary Form.pdf 10-22-09 FR.2 09-01136 City Manager's Office DATE: ACTION: DATE: ACTION: JUNE 11, 2009 CONTINUED JULY 9, 2009 CONTINUED ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING THE 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. 09-01136 Legislation.pdf 09-01136 Summary Form.pdf END OF FIRST READING ORDINANCES City of Miami Page 23 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 RESOLUTIONS RE.1 09-01037 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), ACCEPTING A PAYMENT TO THE CITY OF MIAMI, IN THE AMOUNT OF $101,590.81, IN SETTLEMENT OF THE CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI VS. MIAMI-DADE COUNTY IN CASE NO. 09-8885-CA-15, PURSUANT TO THE TERMS OF THE TRUST FUND RELEASE AND DISBURSAL AGREEMENT; DIRECTING THE CITY MANAGER TO EXECUTE THE TRUST FUND RELEASE AND DISBURSAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. 09-01037 Legislation.pdf 09-01037 Exhibit 1.pdf 09-01037 Exhibit 2.pdf 09-01037 Exhibit 3.pdf 09-01037 Memo.pdf RE.2 09-01146 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING AN Capital INCREASE IN THE AWARD TO LARQCON GROUP, INC., PURSUANT TO Improvements RESOLUTION NO. 09-0248, ADOPTED MAY 28, 2009, FOR ADDITIONAL Program SERVICES FOR THE PROJECT ENTITLED "SIMPSON PARK IMPROVEMENTS, B-39910G," IN AN AMOUNT NOT TO EXCEED $23,000, THEREBY INCREASING THE TOTAL VALUE OF THE AWARD, FROM $200,000 TO $223,000; AUTHORIZING THE CITY MANAGER TO APPROVE A CHANGE ORDER PAYMENT FOR SAID PURPOSE; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $20,000, FROM CAPITAL IMPROVEMENT PROJECT ("CIP") ACCOUNT NO. B-39910G AND FUNDS IN THE AMOUNT OF $3,000, FROM CIP ACCOUNT NO. B-30541. 09-01146 Legislation.pdf 09-01146 Summary Form.pdf 09-01146 Text File Report 1.pdf 09-01146 text File Report 2.pdf 09-01146 Construction Agreement.pdf 09-01146 Attachment F.pdf 09-01146 Larqcon Group, Inc..pdf 09-01146 Corporate Resolution.pdf 09-01146 (Enea) Meeting Minutes .pdf RE.3 09-01147 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Zoning (4/STHS) AFFIRMATIVE VOTE, GRANTING AN INCREASED NUMBER OF CLASS I SPECIAL PERMITS (BEYOND THE TWO (2) SPECIAL EVENTS ALLOWED PER YEAR), FOR SOYKAS, LOCATED AT 5556 NORTHEAST 4TH COURT, MIAMI, FLORIDA; SPECIFICALLY TO ALLOW A FARMERS' MARKET USE TO BE ACCOMMODATED AT THE SOYKAS SITE, FOR A PERIOD OF SIX (6) MONTHS COMMENCING ON NOVEMBER 1, 2009 THROUGH MAY 1, 2010, WITH CONDITIONS AS STATED HEREIN. City of Miami Page 24 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 09-01147 Legislation.pdf 09-01147 Summary Form.pdf City of Miami Page 25 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 RE.4 09-01151 Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE PROFESSIONAL SERVICES AGREEMENT WITH RIZO CARRENO AND PARTNERS, INC., FOR ADDITIONAL SERVICES FOR THE FIRE STATION NO. 13 PROJECT, B-60453A, IN THE AMOUNT OF $59,500, THEREBY INCREASING THE CONTRACT FROM $462,355 TO A TOTAL CONTRACT AMOUNT NOT TO EXCEED $521,855; ALLOCATING FUNDS FROM CAPITAL PROJECT NO. B-60453A. 09-01151 Legislation.pdf 09-01151 Exhibit.pdf 09-01151 Summary Form.pdf 09-01151 Table of Contents.pdf 09-01151 Memo.pdf 09-01151 Evaltuation Committee Recommendation.pdf RE.5 09-01148 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO MIAMI-DADE COUNTY'S SAFE NEIGHBORHOOD PARKS ("SNP") BOND PROGRAM, FOR GRANT FUNDING IN THE AMOUNT NOT TO EXCEED $49,473, FOR THE VIRGINIA KEY BEACH PARK TRUST ("PARK"), FOR THE PARK'S RECREATION ENHANCEMENT PROJECT; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN THE AMOUNT NOT TO EXCEED $49,473, FROM THE CAPITAL IMPROVEMENT PROJECT, B-30174, ENTITLED "VIRGINIA KEY BEACH PARK HISTORICAL RESTORATION PHASE TWO"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SNP BOND PROGRAM 2009 FUNDS GRANT APPLICATION, IN SUBSTANTIALLY THE ATTACHED FORM, WITH TERMS AND CONDITIONS OF SAID GRANT APPLICATION STATED HEREIN. 09-01148 Legislation.pdf 09-01148 Exhibit.pdf 09-01148 Summary Form.pdf RE.6 09-01163 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO MIAMI-DADE COUNTY'S SAFE NEIGHBORHOOD PARKS ("SNP") BOND PROGRAM, FOR GRANT FUNDING IN THE AMOUNT NOT TO EXCEED $500,000, FOR THE ACQUISITION OF LAND LOCATED AT 1814 BRICKELL AVENUE, MIAMI, FLORIDA; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $3,004,262, FROM NON -GENERAL FUNDS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SNP BOND PROGRAM 2009 FUNDS GRANT APPLICATION, IN SUBSTANTIALLY THE ATTACHED FORM, WITH TERMS AND CONDITIONS OF SAID GRANT APPLICATION STATED City of Miami Page 26 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 HEREIN. 09-01163 Legislation.pdf 09-01163 Exhibit.pdf 09-01163 Summary Form.pdf City of Miami Page 27 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 RE.7 09-01159 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO PURCHASE THE REAL PROPERTY LOCATED AT 1814 BRICKELL AVENUE, MIAMI, FLORIDA (THE "PROPERTY"), BY (I) ASSUMING THE BUYERS RIGHTS UNDER THE COMMERCIAL CONTRACT ATTACHED AS EXHIBIT "A", OR (II) NEGOTIATE AND ENTER INTO AN AGREEMENT FOR THE PURCHASE OF THE PROPERTY WITH THE PROPERTY OWNER, DIRECTLY OR THROUGH THE TRUST FOR PUBLIC LAND, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN TERMS NOT LESS FAVORABLE THAN THE TERMS SET FORTH IN EXHIBIT "B"; FURTHER AUTHORIZING THE CITY MANAGER TO CONSUMMATE THE TRANSACTION AND EXECUTE ALL AGREEMENTS RELATING THERETO, INCLUDING SPECIFICALLY, BUT WITHOUT LIMITATION, A COVENANT WITH THE FLORIDA DEPARTMENT OF STATE RELATIVE TO THE PRESERVATION OF UNMARKED HUMAN REMAINS ON THE PROPERTY (THE "COVENANT", IN SUBSTANTIALLY THE ATTACHED FORM AS EXHIBIT "C"; FURTHER AUTHORIZING THE PAYMENT OF ALL FUNDS NECESSARY TO CONSUMMATE THE PURCHASE, INCLUDING THE PURCHASE PRICE AND/OR LEASE PAYMENTS, CLOSING COSTS AND COSTS RELATING TO THE IMPLEMENTATION OF THE COVENANT FROM NON -GENERAL FUNDS. 09-01159 Legislation.pdf 09-01159 Exhibit 1.pdf 09-01159 Exhibit 2.pdf 09-01159 Exhibit 3.pdf 09-01159 Exhibit 4.pdf 09-01159 Exhibit 5.pdf 09-01159 Exhibit 6.pdf 09-01159 Summary Form.pdf RE.8 09-01180 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO CONSTRUCTION ADMINISTRATION AGREEMENT AMONG MIAMI-DADE COUNTY ("COUNTY"), THE MARLINS STADIUM DEVELOPER, LLC AND THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, TO REDUCE THE COUNTY'S FUNDING COMMITMENT AND THE INITIAL STADIUM PROJECT BUDGET, BY $6,200,000. 09-01180 Legislation.pdf 09-01180 Exhibit.pdf 09-01180 Summary Form.pdf END OF RESOLUTIONS City of Miami Page 28 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 DISCUSSION ITEM NOTE: Legislation may result from City Commission consideration of any Commission Discussion item. This portion of the agenda is separately designated as being available for the purpose of providing and securing City Commission information, direction, and guidance in significant pending and concluded matters, including matters not specifically set forth in this section. It is anticipated that no input from anyone other than the City personnel is needed or expected while the City Commission is considering any matter in this portion of the Agenda; accordingly, no member of the public may address the City Commission during this time. DI.1 09-01109 DISCUSSION ITEM Department of QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT Finance EXPENDITURES. 09-01109 Summary Form.pdf END OF DISCUSSION ITEM City of Miami Page 29 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 EXECUTIVE SESSION 2:00 P.M. ES.1 09-01110 EXECUTIVE SESSION Office of the City UNDER THE PARAMETERS OF F.S. S. 286.011(8), F.S. [2008]. Attorney THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING CONSOLIDATED LITIGATION CASES OF: SIDNEY S. AND DANIELLE WELLMAN VS. CITY OF MIAMI, CASE NO.: 99-19523 CA (15), AND NADINE THEODORE V. CITY OF MIAMI, CASE NO.: 99-28417 CA 15, 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; JOSEPH SEROTA, ESQ., AND JOHN J. QUICK, ESQ. 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. 09-01110 Memo.pdf 09-01110 Notice to the Public.pdf END OF EXECUTIVE SESSION City of Miami Page 30 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 10:00 am. PZ.1 09-00927zt 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 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: Recommended approval to City Commission on September 16, 2009 by a vote of 7-0. PURPOSE: This will include off-street bicycle parking requirements for new developments with limitations. 09-00927zt PAB Reso.pdf 09-00927zt CC Legislation (Version 5).pdf 09-00927zt CC SR 10-22-09 Fact Sheet.pdf DATE: SEPTEMBER 24, 2009 MOVER: COMMISSIONER GONZALEZ SECONDER: COMMISSIONER SARNOFF VOTE: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES ACTION: DEFERRED --PASSED DATE: OCTOBER 8, 2009 MOVER: COMMISSIONER SARNOFF SECONDER: COMMISSIONER REGALADO VOTE: AYES: 3 - COMMISSIONER SARNOFF, SANCHEZ AND REGALADO ABSENT: 2 - COMMISSIONER GONZALEZ AND SPENCE-JONES ACTION: PASSED ON FIRST READING --PASSED City of Miami Page 31 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 PZ.2 09-00949zt 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, TO PROVIDE FORA 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: Recommended approval to City Commission on September 16, 2009 by a vote of 7-0. PURPOSE: This will establish minimum landscape standards that apply to all public and private development when a permit is required. 09-00949zt PAB Reso.pdf 09-00949zt CC Legislation (Version 3).pdf 09-00949zt CC SR 10-22-09 Fact Sheet.pdf DATE: SEPTEMBER 24, 2009 MOVER: COMMISSIONER GONZALEZ SECONDER: COMMISSIONER SARNOFF VOTE: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES ACTION: DEFERRED --PASSED DATE: OCTOBER 8, 2009 MOVER: COMMISSIONER SARNOFF SECONDER: COMMISSIONER REGALADO VOTE: AYES: 3 - COMMISSIONER SARNOFF, SANCHEZ AND REGALADO ABSENT: 2 - COMMISSIONER GONZALEZ AND SPENCE-JONES ACTION: PASSED ON FIRST READING --PASSED City of Miami Page 32 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 PZ.3 09-00953zt 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, 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 THE 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: Recommended approval to City Commission on September 16, 2009 by a vote of 7-0. 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 PAB Reso.pdf 09-00953zt CC Legislation (Version 5).pdf 09-00953zt CC SR 10-22-09 Fact Sheet.pdf DATE: SEPTEMBER 24, 2009 MOVER: COMMISSIONER GONZALEZ SECONDER: COMMISSIONER SARNOFF VOTE: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES ACTION: DEFERRED --PASSED DATE: OCTOBER 8, 2009 MOVER: COMMISSIONER SARNOFF SECONDER: COMMISSIONER REGALADO VOTE: AYES: 3 - COMMISSIONER SARNOFF, SANCHEZ AND REGALADO ABSENT: 2 - COMMISSIONER GONZALEZ AND SPENCE-JONES ACTION: PASSED ON FIRST READING --PASSED City of Miami Page 33 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 PZ.4 09-00954zt 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, 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 THE 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: Recommended approval to City Commission on September 16, 2009 by a vote of 7-0. 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 PAB Reso.pdf 09-00954zt CC Legislation (Version 5).pdf 09-00954zt CC SR 10-22-09 Fact Sheet.pdf DATE: SEPTEMBER 24, 2009 MOVER: COMMISSIONER GONZALEZ SECONDER: COMMISSIONER SARNOFF VOTE: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES ACTION: DEFERRED --PASSED DATE: OCTOBER 8, 2009 MOVER: COMMISSIONER SARNOFF SECONDER: COMMISSIONER REGALADO VOTE: AYES: 3 - COMMISSIONER SARNOFF, SANCHEZ AND REGALADO ABSENT: 2 - COMMISSIONER GONZALEZ AND SPENCE-JONES ACTION: PASSED ON FIRST READING --PASSED City of Miami Page 34 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 PZ.5 06-02095 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CODE OF ORDINANCES OF THE CITY OF MIAMI TO ADOPT A NEW ZONING CODE TO BE KNOWN AS THE "MIAMI 21 CODE", INCLUDING DEFINITIONS, GENERAL PROVISIONS WHICH ALSO INCLUDE THE ADOPTION OF THE MIAMI 21 ATLAS FOR THE ENTIRE CITY OF MIAMI, REGULATIONS GENERAL TO ZONES, STANDARDS AND TABLES, REGULATIONS SPECIFIC TO ZONES, SUPPLEMENTAL REGULATIONS, PROCEDURES AND NONCONFORMITIES, AND THOROUGHFARE GUIDELINES; REPEALING ORDINANCE NO. 11000, AS APPLICABLE, AND REPLACING IT WITH THE MIAMI 21 CODE; PROVIDING FOR A SEVERABILITY CLAUSE AND 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. MIAMI RIVER COMMISSION: On March 5, 2007, unanimously found the draft "Miami 21" East Quadrant to be consistent with the Miami River Corridor Urban Infill Plan, subject to conditions*. Also, on January 5, 2009, by a vote of 11-0, found the revised draft "Miami 21" to be consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan, subject to conditions*. PLANNING ADVISORY BOARD (PAB): Recommended approval with conditions* of the Miami 21 Code and East Quadrant to City Commission on April 18, 2007 by a vote of 7-2. The PAB also recommended approval with conditions* to City Commission on December 17, 2008 of revisions to the Miami 21 Code since the April 18, 2007 vote. On January 7, 2009, the PAB also recommended approval with conditions* of the Miami 21 Atlas on each of the three remaining quadrants (North, West and South). *See supporting documentation. PURPOSE: This will adopt the new "Miami 21 Code" and the "Miami 21 Atlas" for the entire City of Miami. 06-02095 PAB 04-18-07 Reso.PDF 06-02095 PAB 12-17-08 Resos.pdf 06-02095 Miami River Commission Recommendations.pdf 06-02095 PAB 01-07-09 Resos.pdf 06-02095 CC Legislation (Version 5).pdf 06-02095 Exhibit A (Miami 21 Code) - NEW.pdf 06-02095 Exhibit B (Miami 21 Atlas) - NEW.pdf 06-02095 CC SR 10-22-09 Fact Sheet.pdf DATE: ACTION: DATE: JUNE 28, 2007 DEFERRED SEPTEMBER 27, 2007 City of Miami Page 35 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 ACTION: INDEFINITELY DEFERRED DATE: AUGUST 6, 2009 MOVER: COMMISSIONER SARNOFF SECONDER: VICE CHAIR SPENCE-JONES VOTE: AYES: 2 - COMMISSIONER SARNOFF AND SPENCE-JONES NOES: 2 - COMMISSIONER SANCHEZ AND REGALADO ABSENT: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING WITH MODIFICATIONS- -FAILED DATE: SEPTEMBER 4, 2009 MOVER: COMMISSIONER GONZALEZ SECONDER: VICE CHAIR SPENCE-JONES VOTE: AYES: 0 NOES: 3 - COMMISSIONER SARNOFF, REGALADO AND SPENCE-JONES N/A: 2 - COMMISSIONER GONZALEZ AND SANCHEZ ACTION: PASSED ON FIRST READING WITH MODIFICATIONS- -FAILED DATE: SEPTEMBER 4, 2009 MOVER: CHAIR SANCHEZ SECONDER: COMMISSIONER GONZALEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ AND SPENCE-JONES NOES: 1 - COMMISSIONER REGALADO ACTION: PASSED ON FIRST READING WITH MODIFICATIONS- -PASSED City of Miami Page 36 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 PZ.6 08-01315ct ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY MODIFYING, ADDING AND DELETING LAND USE DESIGNATIONS WITHIN THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP SECTION OF THE FUTURE LAND USE ELEMENT; AND CHANGING THE 2020 FUTURE LAND USE MAP DESIGNATIONS OF SPECIFIC PROPERTIES OF THE CITY OF MIAMI TO IMPLEMENT APPROPRIATE LAND DEVELOPMENT REGULATIONS AND ELEMENTS IN ACCORDANCE WITH THE MIAMI 21 ATLAS; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES, A SEVERABILITY CLAUSE AND 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 (PAB): Recommended approval to City Commission on January 7, 2009 by a vote of 5-4. Pursuant to Section 62-31(e) of the Miami City Code, the PAB will considered this item on September 2, 2009, and made a motion on September 2, 2009 to defer this item to November 18, 2009 by a vote of 7-1. The PAB also made a motion on September 2, 2009 recommending to the City Commission, to defer the particular item 08-01315ct until heard by the PAB in 60 days (November 18, 2009) by a vote of 7-1. PURPOSE: This will modify, add and delete Land Use designations within the interpretation of the 2020 Future Land Use Map section of the Future Land Use Element; and change the 2020 Future Land Use Map designations of specific properties in accordance with the Miami 21 Atlas. 08-01315ct Analysis.pdf 08-01315ct Miami -Dade County Public School Concurrency.pdf 08-01315ct PAB 01-07-09 Reso.pdf 08-01315ct PAB 09-02-09 Resos.pdf 08-01315ct Governmental Agency Letters.pdf 08-01315ct CC Legislation (Version 6).pdf 08-01315ct Exhibit A (Land Use Map) - NEW.pdf 08-01315ct Exhibit B (Edgewater Area Map) - NEW.pdf DATE: ACTION: DATE: AUGUST 6, 2009 NO ACTION TAKEN SEPTEMBER 4, 2009 City of Miami Page 37 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 MOVER: COMMISSIONER GONZALEZ SECONDER: VICE CHAIR SPENCE-JONES VOTE: AYES: 4 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ AND SPENCE-JONES ABSENT: 1 - COMMISSIONER REGALADO ACTION: PASSED ON FIRST READING WITH MODIFICATIONS- -PASSED City of Miami Page 38 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 PZ.7 08-01407zt ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION" TO REFLECT THE PROVISIONS AND LANGUAGE OF THE MIAMI 21 CODE; TO CREATE A PROCESS FOR THE TRANSFER OF DEVELOPMENT RIGHTS FOR HISTORIC RESOURCES THROUGH THE PUBLIC BENEFITS PROGRAM; TO CREATE ADDITIONAL DEFINITIONS; TO ESTABLISH A THIRTY-FIVE (35) FOOT HEIGHT LIMIT WITHIN THE BOUNDARIES OF THE MIAMI MODERN (MIMO)/BISCAYNE BOULEVARD HISTORIC DISTRICT; AND TO ESTABLISH PROVISIONS FOR THE GRANTING OF EXCEPTIONS, WHEN THE RESULT LEADS TO THE PRESERVATION OF A SIGNIFICANT HISTORIC STRUCTURE; 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. PURPOSE: 1) On June 26, 2008, the Miami City Commission adopted Ordinance No. 13008, codified as § 23-6 of the Miami City Code concerning transfers of development rights for historic resources, thereby instituting the provisions for the Transfer of Development Rights for Historic Resources and establishing provisions for the sale of unused base development rights in the MiMo/Biscayne Boulevard Historic District; 2) This amendment would further the intent of the Transfer of Development Rights provisions establishing a market for the sale of Unused Base Development Rights through the Miami 21 Public Benefits Program. 09-01407zt CC Legislation (Version 2).pdf 09-01407zt CC SR 10-22-09 Fact Sheet.pdf DATE: AUGUST 6, 2009 ACTION: NO ACTION TAKEN DATE: SEPTEMBER 4, 2009 MOVER: COMMISSIONER SARNOFF SECONDER: VICE CHAIR SPENCE-JONES VOTE: AYES: 3 - COMMISSIONER SARNOFF, REGALADO AND SPENCE-JONES NOES: 1 - COMMISSIONER SANCHEZ ABSENT: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING WITH MODIFICATIONS- -PASSED City of Miami Page 39 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 PZ.8 09-00974ct ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING THE FUTURE LAND USE ELEMENT OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY AMENDING THE GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE ELEMENT TO INCORPORATE LANGUAGE REGARDING THE DESIGNATION OF THE HEALTH DISTRICT REGIONAL ACTIVITY CENTER; FURTHER AMENDING THE 2020 FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CREATING THE "HEALTH DISTRICT REGIONAL ACTIVITY CENTER OVERLAY" WITHIN THE CITY OF MIAMI; MAKING FINDINGS OF CONSISTENCY WITH ESTABLISHED CRITERIA, GOALS, OBJECTIVES AND POLICIES FOR SUCH DESIGNATIONS; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: SD-10 Medical Health Care, Hospital and Research Park Overlay District [Commissioner Angel Gonzalez - District 1 and Commissioner Michelle Spence -Jones - District 5] 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 16, 2009 by a vote of 7-0. PURPOSE: This will create a Health District Regional Activity Center, necessary to achieve the City's goals for continued development and redevelopment of its principal health care, hospital and research area. 09-00974ct PAB Reso.pdf 09-00974ct CC Legislation (Version 2).pdf 09-00974ct Exhibit A.pdf 09-00974ct CC FR 10-22-09 Fact Sheet.pdf City of Miami Page 40 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 PZ.9 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 10-22-09 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 DATE: SEPTEMBER 24, 2009 MOVER: COMMISSIONER SARNOFF SECONDER: VICE CHAIR SPENCE-JONES VOTE: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES ACTION: DEFERRED --PASSED City of Miami Page 41 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 PZ.10 09-00950zt ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 9 OF ZONING ORDINANCE 11000, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS"; MORE PARTICULARLY BY AMENDING SECTION 936, ENTITLED CHILD DAY CARE CENTERS; INCLUDING REGULATIONS FOR URBAN CHILD CARE FACILITIES WITHIN CBD (CENTRAL BUSINESS DISTRICT), SD-5 (BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT), AND SD-7 (CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL- RESIDENTIAL DISTRICTS) TO BE APPROVED BY A CLASS II SPECIAL PERMIT IN ORDER TO MEET THE REGULATIONS ESTABLISHED BY FLORIDA STATUTES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: CBD (Central Business District), SD-5 (Brickell Avenue Area Residential -Office District), and SD-7 (Central Brickell Rapid Transit Commercial -Residential Districts) [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 September 16, 2009 by a vote of 7-0. PURPOSE: This will allow for urban child care facilities within the CBD, SD-5 and SD-7 to be approved by Class II Special Permit to meet regulations established by Florida Statutes. 09-00950zt PAB Reso.pdf 09-00950zt CC Legislation (Version 2).pdf 09-00950zt CC FR 10-22-09 Fact Sheet.pdf City of Miami Page 42 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 PZ.11 09-00817Iu ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO § 163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 500 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, FROM 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 500 NW South River Drive [Commissioner Joe Sanchez - District 3] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 16, 2009 by a vote of 7-0. See companion File ID 09-00817zc. PURPOSE: This will change the above property to Restricted Commercial. 09-008171u PAB Reso.pdf 09-008171u Analysis.pdf 09-008171u Land Use Map.pdf 09-008171u & 09-00817zc Aerial Map.pdf 09-008171u School Board Concurrency.pdf 09-008171u CC Legislation (Version 2).pdf 09-008171u & 09-00817zc Exhibit A.pdf 09-008171u CC FR 10-22-09 Fact Sheet.pdf City of Miami Page 43 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 PZ.12 09-00817zc ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 35, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 500 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 500 NW South River Drive [Commissioner Joe Sanchez - District 3] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 16, 2009 by a vote of 7-0. See companion File ID 09-008171u. PURPOSE: This will change the above property to C-1 Restricted Commercial. 09-00817zc PAB Reso.pdf 09-00817zc Analysis.pdf 09-00817zc Zoning Map.pdf 09-008171u & 09-00817zc Aerial Map.pdf 09-00817zc CC Legislation (Version 2).pdf 09-008171u & 09-00817zc Exhibit A.pdf 09-00817zc CC FR 10-22-09 Fact Sheet.pdf City of Miami Page 44 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 PZ.13 09-00024mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE MIAMI ART MUSEUM PROJECT, TO BE LOCATED AT APPROXIMATELY 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATELY 77-FOOT HIGH (FOUR-STORY) STRUCTURE TO BE COMPRISED OF APPROXIMATELY 96,154 SQUARE FEET OF FLOOR AREA; TO BE USED AS A MUSEUM WITH: ART GALLERIES AND EXHIBITION SPACES, PUBLIC READING AREAS, MULTIPURPOSE ROOMS, BISTRO BAR -CAFE, STUDIO AND SEMINAR CLASSROOMS, A CURATORIAL LIBRARY, SPECIAL EVENT SPACE, AND APPROXIMATELY 220 TOTAL PARKING SPACES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1075 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Miami Art Museum of Dade County Association, Inc., Applicant and City of Miami, a Municipal Corporation, Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on October 7, 2009 by a vote of 9-0. ZONING BOARD: Recommended approval of the Variance on September 21, 2009 by a vote of 8-0. See related File ID 09-00024xc. *See supporting documentation. PURPOSE: This will allow the development of the Miami Art Museum project. City of Miami Page 45 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 09-00024mu MUSP Analysis.pdf 09-00024mu Zoning Map.pdf 09-00024mu Aerial Map.pdf 09-00024mu Projects in the Vicinity.pdf 09-00024mu Miami -Dade Aviation Dept Letter.pdf 09-00024mu School Board Concurrency.pdf 09-00024mu PAB MUSP Reso.pdf 09-00024v Variance Fact Sheet.pdf 09-00024v Variance Analysis.pdf 09-00024v Variance ZB Reso.pdf 09-00024mu CC Leigslation (Version 2).pdf 09-00024mu Exhibit A.pdf 09-00024mu Exhibit B.pdf 09-00024mu CC 10-22-09 Fact Sheet.pdf 09-00024mu Binder Cover.pdf 09-00024mu Binder Insert.pdf 09-00024mu Table of Contents.pdf 09-00024mu Article I. Project Information.pdf 09-00024mu I.A. Letter of Intent.pdf 09-00024mu I.B. Major Use Special Permit, Special Exception & Variance Applications.pdf 09-00024mu I.C. Zoning Write-Up.pdf 09-00024mu I.D. Zoning Atlas.pdf 09-00024mu I.E. Project Data Sheet.pdf 09-00024mu I.F. Deed-Computer.pdf 09-00024mu I.G. Corporate Documents.pdf 09-00024mu I.H. Directory of Project Principals.pdf 09-00024mu Article II. Project Description.pdf 09-00024mu Article III. Supporting Documents.pdf 09-00024mu III. Tab 1. Minority Construction Employment Plan.pdf 09-00024mu III. Tab 2. Traffic Impact Analysis.pdf 09-00024mu III. Tab 3. Site Utility Study.pdf 09-00024mu III. Tab 4. Economic Impact Study and Environmental Study.pdf 09-00024mu III. Tab 5. Survey of Property.pdf 09-00024mu III. Tab 6. Architectural Drawings Submitted.pdf City of Miami Page 46 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 PZ.14 09-00024xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, FOR THE MIAMI ART MUSEUM MAJOR USE SPECIAL PERMIT, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL USES OF "PR" PARKS, RECREATION AND OPEN SPACE (2), TO ALLOW SUPPORTING SOCIAL AND ENTERTAINMENT SERVICES (SUCH AS RESTAURANTS, CAFES AND RETAIL), SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT A PORTION OF APPROXIMATELY 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA. LOCATION: A Portion of Approximately 1075 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Miami Art Museum of Dade County Association, Inc. and the City of Miami, a Municipal Corporation FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. ZONING BOARD: Recommended approval to City Commission on September 21, 2009 by a vote of 7-1. See companion File ID 09-00024mu. *See supporting documentation. PURPOSE: This will allow supporting social and entertainment services for the proposed Miami Art Museum Major Use Special Permit. 09-00024xc Zoning Map.pdf 09-00024xc Aerial Map.pdf 09-0024xc Letter of Intent.pdf 09-00024xc Applications & Supporting Docs.pdf 09-00024xc ZB Reso.pdf 09-00024xc CC Analysis.pdf 09-00024xc CC Legislation (Version 2).pdf 09-00024xc Exhibit A.pdf 09-00024xc CC 10-22-09 Fact Sheet.pdf END OF PLANNING AND ZONING ITEMS City of Miami Page 47 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS City of Miami Page 48 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 City of Miami Page 49 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 City of Miami Page 50 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 City of Miami Page 51 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 DISTRICT 4 COMMISSIONER TOMAS REGALADO END OF DISTRICT 4 City of Miami Page 52 Printed on 10/15/2009 City Commission Meeting Agenda October 22, 2009 D5.1 09-01058 D5.2 09-01059 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 Email.pdf DATE: SEPTEMBER 24, 2009 MOVER: COMMISSIONER SARNOFF SECONDER: VICE CHAIR SPENCE-JONES VOTE: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES ACTION: DEFERRED --PASSED DATE: OCTOBER 8, 2009 ACTION: CONTINUED 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 DATE: MOVER: SECONDER: VOTE: ACTION: DATE: ACTION: SEPTEMBER 24, 2009 COMMISSIONER SARNOFF VICE CHAIR SPENCE-JONES AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES DEFERRED --PASSED OCTOBER 8, 2009 CONTINUED END OF DISTRICT 5 City of Miami Page 53 Printed on 10/15/2009