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HomeMy WebLinkAboutCC 2010-09-27 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com S IEEFAr OIIRTE i ia_9e . Meeting Agenda Monday, September 27, 2010 4:00 PM SPECIAL MEETING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Francis Suarez, Commissioner District Four Richard P. Dunn II, Commissioner District Five Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Agenda September 27, 2010 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 AGENDA OFFICE/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 City ofMiami Page 2 Printed on 9/22/2010 City Commission Meeting Agenda September 27, 2010 CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER. * * * * * * * * * * * * * * * * * * * * * * * Formal action may be taken on any item discussed or added to this Agenda. Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will require a verbatim record of the proceeding upon which the appeal is based. Any person with a disability requiring auxiliary aids and services for meetings may call the City Clerk's Office, 250-5360, with requests at least two business days before the meeting date. * * * * * * * * * * * * * * * * * * * * * * * * The City Commission has established a policy that the lunch recess will begin at the conclusion of deliberations of the agenda item being considered at Noon; further, that Commission meetings shall adjourn (a) at the conclusion of deliberation of the agenda item being considered at 10:00 p.m., unless the time is extended by unanimous agreement of the members of the City Commission then present or (b) at the conclusion of the regularly scheduled agenda, whichever occurs first. This rule does not apply when the City Commission is engaged in its annual budget hearings (Ordinance 12586). City ofMiami Page 3 Printed on 9/22/2010 City Commission Meeting Agenda September 27, 2010 4: 00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE 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. SP.1 10-00990 Department of Solid Waste ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA ("CITY CODE"), ENTITLED "GARBAGE AND OTHER SOLID WASTE," MORE PARTICULARLY AMENDING SECTIONS 22-1, 22-2, 22-6, 22-12, 22-14, 22-25, 22-46, 22-47, 22-48, 22-49, 22-50, 22-53, 22-56, 22-57 AND 22-93; CREATING SECTIONS 22-19, 22-20, AND 22-21, REQUIRING RECYCLING PROGRAMS FOR MULTI -FAMILY AND COMMERCIAL ESTABLISHMENTS AND ALLOWING MODIFIED RECYCLING PROGRAMS; FURTHER AMENDING CHAPTER 2/ARTICLE X/SECTION 2-829 OF THE CITY CODE, ENTITLED "ADMINISTRATION/CODE ENFORCEMENT/SCHEDULE OF CIVIL PENALTIES," TO INCLUDE CIVIL PENALTIES CORRESPONDING TO VIOLATIONS OF SECTIONS 22-19 AND 22-20, AS CREATED HEREIN; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-00990 SUMMARY FORM.pdf 10-00990 EDUCATIONAL TRUST FUND.pdf 10-00990 APPLICATIONS BY SOLID WASTE EMPLOYEES.pdf 10-00990 LEGISLATION.pdf 10-00990 SR Summary Form.pdf 10-00990 SR Legislation.pdf DATE: MOVER: SECONDER: VOTE: ACTION: SEPTEMBER 14, 2010 COMMISSIONER DUNN II VICE CHAIRMAN CAROLLO AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND DUNN II NOES: 1 - COMMISSIONER(S) SUAREZ PASSED ON FIRST READING --PASSED City ofMiami Page 4 Printed on 9/22/2010 City Commission Meeting Agenda September 27, 2010 SP.2 10-01002 Department of Public Works SP.3 10-01003 Department of Fire -Rescue ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PUBLIC WORKS DEPARTMENT;" CHAPTER 22.5/ARTICLE VI, ENTITLED "GREEN INITIATIVES/SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL; CHAPTER 29 ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS;" AND CHAPTER 54 ENTITLED "STREETS AND SIDEWALKS", IN ORDER TO INCREASE CERTAIN FEES RELATED TO THE PROCESSING AND RECORDATION OF PLATS, STORMWATER POLLUTION PREVENTION PLANS, WATERFRONT IMPROVEMENTS AND RIGHT-OF-WAY PERMITS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-01002 SUMMARY FORM.pdf 10-01002 Legislation.pdf 10-01002-Submittal-Right-of-Way Permit Fees and Proposed Changes.pdf 10-01002 SR Legislation.pdf DATE: MOVER: SECONDER: VOTE: ACTION: SEPTEMBER 14, 2010 COMMISSIONER DUNN II VICE CHAIRMAN CAROLLO AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND DUNN II NOES: 2 - COMMISSIONER(S) CAROLLO AND SUAREZ PASSED ON FIRST READING --PASSED ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER III, ARTICLE 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALARM SYSTEMS/FIRE ALARMS", MORE PARTICULARLY BY AMENDING THE FEES ASSOCIATED WITH VIOLATIONS OF SAID CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01003 SUMMARY FORM.pdf 10-01003 LEGISLATION.pdf 10-01003 SR Legislation.pdf DATE: SEPTEMBER 14, 2010 MOVER: VICE CHAIRMAN CAROLLO SECONDER: COMMISSIONER DUNN II VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND DUNN II ACTION: PASSED ON FIRST READING WITH MODIFICATIONS- -PASSED City ofMiami Page 5 Printed on 9/22/2010 City Commission Meeting Agenda September 27, 2010 SP.4 10-01004 Department of Public Facilities SP.5 10-01005 Department of Police ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 53/ARTICLE II, DIVISION II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STADIUMS AND CONVENTION CENTERS/CITY STADIUMS/MARINE STADIUM", IN ORDER TO INCREASE FEES RELATED TO THE USE OF THE PARKING LOT AND ESTABLISH A PROCESS FOR WAIVING SUCH FEES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01004 SUMMARY FORM.pdf 10-01004 Legislation.pdf 10-01004 SR Legislation.pdf DATE: MOVER: SECONDER: VOTE: ACTION: SEPTEMBER 14, 2010 COMMISSIONER GORT VICE CHAIRMAN CAROLLO AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND DUNN II ABSENT: 1 - COMMISSIONER(S) SUAREZ PASSED ON FIRST READING --PASSED ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "MOTOR VEHICLES AND TRAFFIC," MORE PARTICULARLY BY CREATING ARTICLE XI, ENTITLED "COMMERCIAL VEHICLE WEIGHT RESTRICTIONS," TO PROVIDE FOR REGULATIONS ON WHEEL AND AXLE LOADS AND VEHICLE WEIGHTS TO PROTECT THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE UPON THE CITY'S ROADWAYS AND TO PROVIDE DEFINITIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01005 FR/SR Summary Form.pdf 10-01005 FR/SR Legislation.pdf DATE: MOVER: SECONDER: VOTE: ACTION: SEPTEMBER 14, 2010 COMMISSIONER DUNN II VICE CHAIRMAN CAROLLO AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND DUNN II PASSED ON FIRST READING --PASSED City ofMiami Page 6 Printed on 9/22/2010 City Commission Meeting Agenda September 27, 2010 SP.6 10-01009 Department of Zoning SP.7 10-01008 Department of Building ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT" AND AMENDING CHAPTER 62/ARTICLE VI, OF THE CITY CODE ENTITLED "ZONING AND PLANNING/ZONING AND PLANNING FEES", MORE PARTICULARLY TO ADJUST PLANNING AND ZONING FEES FOR ACTIVITIES PERFORMED BY THE CITY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01009 SUMMARY FORM.pdf 10-01009 LEGISLATION.pdf 10-01009-Submittal-Office of Zoning Fee Increases.pdf 10-01009 SR Legislation.pdf DATE: MOVER: SECONDER: VOTE: ACTION: SEPTEMBER 14, 2010 COMMISSIONER DUNN II VICE CHAIRMAN CAROLLO AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND DUNN II NOES: 2 - COMMISSIONER(S) CAROLLO AND SUAREZ PASSED ON FIRST READING --PASSED ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/IN GENERAL" IN ORDER TO INCREASE CERTAIN FEES RELATED TO THE PROCESSING AND ISSUANCE OF BUILDING PERMITS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-01008 Summary Form.pdf 10-01008 Legislation.pdf 10-01008Submittal-Icon 465, 485 and 495 Brickell Ave and Biscayne Blvd..pdf 10--01008-Submittal-Changes of Fees for Building Permits, etc..pdf 10-01008 SR Legislation.pdf DATE: SEPTEMBER 14, 2010 MOVER: COMMISSIONER DUNN II SECONDER: COMMISSIONER GORT VOTE: AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND DUNN II NOES: 2 - COMMISSIONER(S) CAROLLO AND SUAREZ ACTION: PASSED ON FIRST READING WITH MODIFICATIONS- -PASSED City ofMiami Page 7 Printed on 9/22/2010 City Commission Meeting Agenda September 27, 2010 SP.8 10-01030 Department of Fire -Rescue SP.9 10-01069 Office of the City Attorney ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 19 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FIRE PROTECTION", MORE PARTICULARLY BY AMENDING THE SCHEDULE OF FEES ASSOCIATED WITH VARIOUS FIRE PROTECTION DUTIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-01030 SUMMARY FORM.pdf 10-01030 LEGISLATION.pdf 10-01030-Submittal-Department of Fire -Rescue Fire Prevention Division Fee -Stud) 10-01030 SR Legislation.pdf DATE: MOVER: SECONDER: VOTE: ACTION: SEPTEMBER 14, 2010 VICE CHAIRMAN CAROLLO COMMISSIONER DUNN II AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND DUNN II NOES: 2 - COMMISSIONER(S) CAROLLO AND SUAREZ PASSED ON FIRST READING WITH MODIFICATIONS- -PASSED ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED/BILLBOARDS", BY CREATING A NEW SECTION 62-618.8 ENTITLED "NEW RELOCATION AND RECONSTRUCTION AGREEMENTS," CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-01069 FR/SR MEMO.pdf 10-01069 FR/SR LEGISLATION.pdf DATE: MOVER: SECONDER: VOTE: ACTION: SEPTEMBER 16, 2010 COMMISSIONER SUAREZ COMMISSIONER GORT AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND DUNN II DEFERRED --PASSED City ofMiami Page 8 Printed on 9/22/2010 City Commission Meeting Agenda September 27, 2010 SP.10 10-01091 Department of Employee Relations SP.11 10-01093 Department of Employee Relations ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40, ARTICLE IV, DIVISION 2 ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST", MORE PARTICULARLY BY AMENDING SECTIONS 40-191 AND 40-203, MAKING CHANGES TO THE NORMAL RETIREMENT DATE, BENEFIT FORMULA, MAXIMUM BENEFIT, NORMAL BENEFIT FORM, AND AVERAGE FINAL COMPENSATION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01091 Legislation.pdf 10-01091 SR Summary Form.pdf 10-01091 SR Legislation.pdf DATE: MOVER: SECONDER: VOTE: ACTION: SEPTEMBER 14, 2010 COMMISSIONER SUAREZ COMMISSIONER DUNN II AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND DUNN II PASSED ON FIRST READING --PASSED ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40, ARTICLE IV, DIVISION 3 ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST", MORE PARTICULARLY BY AMENDING SECTIONS 40-241, 40-246 AND 40-255 MAKING CHANGES TO THE NORMAL RETIREMENT DATE, BENEFIT FORMULA, MAXIMUM BENEFIT, NORMAL BENEFIT FORM, AND AVERAGE FINAL COMPENSATION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01093 Legislation.pdf 10-01093 SR Summary Form.pdf 10-01093 SR Legislation.pdf DATE: MOVER: SECONDER: VOTE: ACTION: SEPTEMBER 14, 2010 COMMISSIONER SUAREZ VICE CHAIRMAN CAROLLO AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND DUNN II PASSED ON FIRST READING --PASSED END OF SECOND READING ORDINANCES City ofMiami Page 9 Printed on 9/22/2010