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HomeMy WebLinkAboutCC 2011-04-14 Marked AgendaCity of Miami Marked Agenda City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chairman Frank Carollo, Vice -Chairman Marc David Sarnoff, Commissioner District Two Francis Suarez, Commissioner District Four Richard P. Dunn II, Commissioner District Five Tony E. Crapp Jr., City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, April 14, 2011 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.11 may be heard in the number sequence or as announced by the Commission PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCE SR - SECOND READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS ES. EXECUTIVE SESSION 2:00 P.M. - MARGARITTE DINGLE VS. THE POLISH AMERICAN CLUB OF MIAMI, INC., ETAL., MAYOR AND COMMISSIONERS' ITEMS City of Miami Page 1 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 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 4/19/2011 City Commission Marked Agenda April 14, 2011 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 11-00331 PRESENTATION Honoree Presenter Protocol Item Water Conservation Mayor Regalado Proclamation Rasha Cameau Commissioner Dunn Certificate of Appreciation 11-00331 Protocol Items.pdf PRESENTED 1) Mayor Regalado presented a proclamation in recognition of Water Conservation Month, recognizing the importance of clean and sustainable water resources which are vital to Florida's environment, economy, and quality of life. 2) Commissioner Suarez presented a proclamation in commemoration of the heroism and sacrifice displayed by Assault Brigade 2506 during the Bay of Pigs invasion on April 17, 1961; wherein, for three consecutive days, the 1,500 soldiers of Assault Brigade 2506 held the beachhead at the Bay of Pigs until ammunition ran out; therefore, it is just and appropriate to commend these patriots for remaining steadfast in their determination to stay vigilant regarding the exercise of liberty in their homeland where they seek to establish a democracy that values individual freedoms and promotes the general welfare of the people. 3) Commissioner Suarez presented Certificates of Commendation to the Special Victims Unit of the City of Miami Police Department, applauding the Unit's diligence, hard work, and dedication to reducing crime in our community by quickly apprehending and prosecuting violent sexual battery offenders, resulting in a dramatic reduction of reported assaults throughout the City. 4) Commissioner Suarez presented Certificates of Commendation to the City of Miami Police Department's Robbery Unit, Tactical Robbery Unit, and Felony Apprehension Team, commending their diligence, hard work, and dedication to reducing crime in our community by quickly apprehending and prosecuting robbery offenders, resulting in a dramatic reduction of reported robberies throughout the City. 5) Commissioner Dunn presented a Certificate of Appreciation to Christine Octave, paying tribute to Ms. Octave's 29 years of excellent work performance, and high level of professionalism in a City of Miami career path that has included service in the Police Department and Solid Waste Department; the City of Miami applauds her outstanding commitment and work ethic and wishes her continued success. 6) Commissioner Dunn presented a Certificate of Appreciation to Rasha Cameau, paying tribute to Ms. Cameau's excellent work performance, and high level of professionalism in a City of Miami career path that has included service as Facility Manager of the Little Haiti Cultural Center, Administrator for the Neighborhood Enhancement Team in the District embodying Little Haiti, and Administrative Aide in the Office of former Mayor Joe Carollo; the City of Miami honors her outstanding community work and outreach within the City and wishes her continued success. INVOCATION AND PLEDGE OF ALLEGIANCE City ofMiami Page 3 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 MAYORAL VETOES Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 14th day of April 2011, 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 Gort at 9:35 a.m., recessed at 12:16 p.m., reconvened at 2:45 p.m., recessed for the Executive Session at 2:46 p.m., reconvened from the Executive Session at 3:51 p.m., recessed at 4:09 p.m., reconvened at 4.22 p.m., and adjourned the meeting at 6:07 p.m. Note for the record: Commissioner Dunn entered the chambers at 9:37 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Tony E. Crapp, Jr., City Manager Priscilla A. Thompson, City Clerk (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.) NO MAYORAL VETOES APPROVING THE MINUTES OF THE FOLLOWING MEETING: Regular Meeting of March 10, 2011 MOVED: SECONDED: ORDER OF THE DAY Frank Carollo Marc David Sarnoff Motion to APPROVED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez END OF APPROVING MINUTES City ofMiami Page 4 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 CA.1 11-00221 Department of Solid Waste CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED JANUARY 26, 2011, PURSUANT TO INVITATION FOR BID NO. 257238, FROM SMORACY, LLC, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF ONE (1) COMMERCIAL GRINDER, FOR THE SOLID WASTE DEPARTMENT, IN THE AMOUNT OF $391,883.75; ALLOCATING FUNDS FROM ACCOUNT CODE 39000.212000.664000.0000.00000. 11-00221 Summary Form.pdf 11-00221 Award Recommendation Form.pdf 11-00221 Justification Award-Contract.pdf 11-00221 Tabulation of Bids.pdf 11-00221 Invitation for Bid.pdf 11-00221 Legislation.pdf R-11-0151 MOVED: SECONDED: Frank Carollo Marc David Sarnoff Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez Note for the record: Item CA.1 was deferred to the Commission Meeting scheduled for April 28, 2011. MOVED: SECONDED: UNANIMOUS Richard Dunn II Marc David Sarnoff Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II MOVED: SECONDED: UNANIMOUS Frank Carollo Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II CA.2 RESOLUTION 11-00266 Department of General Services Administration A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED FEBRUARY 28, 2011, PURSUANT TO INVITATION FOR BID NO. 249236, FROM SAFELITE FULFILLMENT, INC. D/B/A SAFELITE AUTOGLASS, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF AUTO AND TRUCK GLASS REPLACEMENT, ON City ofMiami Page 5 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 CA.3 AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) 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. 11-00266 Summary Form.pdf 11-00266 Award Recommendation Approval Form. pdf 11-00266 Tabulation of Bid.pdf 11-00266 Sourcing 1.pdf 11-00266 Bid Security List.pdf 11-00266 Detail Entity Name.pdf 11-00266 Invitation for Bid .pdf 11-00266 Legislation.pdf R-11-0144 This Matter was ADOPTED on the Consent Agenda. RESOLUTION 11-00267 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Department of INTERLOCAL AGREEMENT WITH THE TOWN OF DAVIE, IN Fire -Rescue SUBSTANTIALLY THE ATTACHED FORM, FOR THE PURCHASE OF ONE (1) TRACTOR AND ONE (1) TRAILER, COLLECTIVELY CALLED "SPECIALTY RESCUE VEHICLE", FOR THE URBAN SEARCH AND RESCUE TEAM, IN THE AMOUNT OF $250,000; ALLOCATING FUNDS FROM PTAEO 18.180017.03.1659. EQUIPMENT.184010 - FISCAL YEAR 2008-2009 STATE HOMELAND SECURITY PROGRAM. CA.4 11-00268 Department of Public Works 11-00267 Summary Form.pdf 11-00267 Letter of Intent SFUS&R.pdf 11-00267 Email Davie Tractor Trailer.pdf 11-00267 Davie Fire Rescue Dept Letter.pdf 11-00267 Quotation for Used Fire Apparatus. pdf 11-00267 Invoice Hall -Mark Fire Apparatus. pdf 11-00267 Quotation Emergency Vehicle, Inc.pdf 11-00267 Modification #1 Grant Agreement. pdf 11-00267 Pre-Attachments.pdf 11-00267 Legislation.pdf 11-00267 Exhibit 1.pdf R-11-0145 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING A MIAMI-DADE COUNTY ("COUNTY") PUBLIC AWARENESS CAMPAIGN CARRIED OUT BY THE COUNTY HOMELESS TRUST, WHICH WOULD INCLUDE THE DESIGN, INSTALLATION AND MAINTENANCE OF COLLECTION DEVICES (DONATION METERS) TO BE PLACED, AS PERMITTED BY LAW, THROUGHOUT THE COUNTY TO ENABLE City ofMiami Page 6 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 CA.5 11-00269 Department of Parks and Recreation INDIVIDUALS TO CONTRIBUTE TO THE COUNTY'S HOMELESS PROGRAMS AND SERVICES; FURTHER SUPPORTING THE PLACEMENT OF SAID COLLECTION DEVICES ON CITY OF MIAMI AND COUNTY MAINTAINED RIGHTS -OF -WAY WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI, FLORIDA. 11-00268 Summary Form.pdf 11-00268 Memorandum from Miami -Dade County.pdf 11-00268 Legislation.pdf R-11-0152 MOVED: SECONDED: Marc David Sarnoff Frank Carollo Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED FEBRUARY 1, 2011, PURSUANT TO INVITATION FOR BID NO. 260254, FROM COMMERCIAL ENERGY SPECIALIST, INC. FOR GROUP 1, AND FROM PRO STAR POOL SUPPLIES FOR GROUP 2, AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, ON A GROUP -BY -GROUP BASIS, FOR THE PROVISION OF SWIMMING POOL CHEMICALS AND SUPPLIES AND BULK LIQUID CHLORINE AND STORAGE TANK RENTAL, FOR THE DEPARTMENT OF PARKS AND RECREATION, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) 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. 11-00269 Summary Form.pdf 11-00269 Award Recommendation Form.pdf 11-00269 Tabulation of Bids.pdf 11-00269 Invitation for Bids.pdf 11-00269 Legislation.pdf MOVED: Frank Carollo SECONDED: Marc David Sarnoff Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Carollo ABSENT: Commissioner(s) Suarez and Dunn II Note for the record: Item CA.5 was deferred to the Commission meeting scheduled for April 28, 2011. Direction by Vice Chair Carollo to the Administration for the Parks Department to perform a cost -benefit analysis of the maintenance of City of Miami pools to determine if City ofMiami Page 7 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 the private sector can perform this task for a lesser amount than the City. Direction by Chair Gort to the Administration for the cost -benefit analysis regarding monthly maintenance of City of Miami pools include whether or not seasonally operated pools require year-round maintenance. CA.6 RESOLUTION 11-00270 Department of Public Facilities CA.7 11-00271 Department of Public Facilities CA.8 11-00272 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY, FOR THE CITY'S CONTINUED USE OF THE PROPERTY LOCATED AT 111 NORTHWEST 1 STREET, MIAMI, FLORIDA, FOR PLACEMENT OF A ROOFTOP ANTENNA AND RELATED EQUIPMENT; EXTENDING THE LEASE FORA FIVE (5) YEAR PERIOD WITH AN OPTION TO EXTEND FOR ONE (1) ADDITIONAL FIVE (5) YEAR TERM EFFECTIVE MAY 1, 2011; REDUCING THE ANNUAL RENTAL RATE FROM $14,000.00 PER YEAR TO $1.00 PER YEAR EFFECTIVE OCTOBER 1, 2010. 11-00270 Summary Form.pdf 11-00270 Legislation.pdf 11-00270 Exhibit 1.pdf R-11-0146 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY, FOR THE CONTINUED USE OF CITY -OWNED PROPERTY LOCATED AT 1009 NORTHWEST 5TH AVENUE, MIAMI, FLORIDA, AS A PUBLIC HEALTH FACILITY, AT AN ANNUAL RENTAL OF $1.00 PER YEAR, WITH SAID LEASE BEING FOR A PERIOD OF FIVE YEARS AND SIX MONTHS, WITH ONE (1) OPTION TO EXTEND FOR ONE (1) ADDITIONAL FIVE (5) YEAR TERM, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID LEASE. 11-00271 Summary Form.pdf 11-00271 Property Information Map.pdf 11-00271 Pre Lease Agreement.pdf 11-00271 Legislation.pdf 11-00271 Exhibit 1.pdf R-11-0147 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 8 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 Department of Public Facilities CA.9 11-00278 District 5 - Commissioner Richard Dunn II ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY, FOR THE CONTINUED USE OF THE CITY -OWNED PROPERTY LOCATED AT 971 NORTHWEST 2ND STREET, MIAMI, FLORIDA, AS A PUBLIC HEALTH FACILITY, AT AN ANNUAL RENTAL OF $1.00 PER YEAR, WITH SAID LEASE BEING FOR A PERIOD OF FIVE YEARS AND SIX MONTHS, WITH ONE (1) OPTION TO EXTEND FOR ONE (1) ADDITIONAL FIVE (5) YEAR TERM, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID LEASE. 11-00272 Summary Form.pdf 11-00272 Property Information Map.pdf 11-00272 Pre LeaseAgreement.pdf 11-00272 Legislation .pdf 11-00272 Exhibit 1.pdf R-11-0148 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PLACEMENT OF A MARKER DESIGNATION, PURSUANT TO SECTION 54-136(1) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, IN THE PUBLIC RIGHT-OF-WAY LOCATED AT APPROXIMATELY 6700 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, TO COMMEMORATE BISHOP ABE RANDALL, PASTOR OF ST. MATTHEWS FREE WILL BAPTIST CHURCH; SUBJECT TO ALL APPLICABLE PERMITTING REQUIREMENTS. 11-00278 Letter from St. Mattews Free Will Baptist Church, Inc. pdf 11-00278 Legislation.pdf R-11-0149 This Matter was ADOPTED on the Consent Agenda. CA.10 RESOLUTION 11-00319 District 4- Commissioner Francis Suarez A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), URGING GOVERNOR RICK SCOTTAND THE MEMBERS OF THE FLORIDA LEGISLATURE TO CONTINUE TO FUND MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES THROUGH THE DEPARTMENT OF CHILDREN AND FAMILIES TO VARIOUS SERVICE PROVIDERS AND TO VOTE AGAINST ANY FURTHER CUTS TO THE MENTAL HEALTH AND SUBSTANCE ABUSE STATE FUNDING DURING THE 2011 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 11-00319 Legislation.pdf 11-00319 Exhibit 1.pdf R-11-0150 City ofMiami Page 9 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: SECONDED: AYES: ABSENT: Marc David Sarnoff Frank Carollo Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Commissioner(s) Suarez CA.11 RESOLUTION 11-00288 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY CONFLICT OF INTEREST THE LAW FIRM OF COLE, SCOTT & KISSANE, P.A. MAY HAVE, IF ANY, TO ENABLE IT TO REPRESENT ALL TERRAIN EARTHMOVING LIMITED COMPANY, LLC, IN PROCEEDINGS FILED BY WILFREDO DIAZ, IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 11-7734 CA24. 11-00288 Memorandum.pdf 11-00288 Legislation.pdf R-11-0153 MOVED: SECONDED: Marc David Sarnoff Frank Carollo Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez END OF CONSENT AGENDA PH.1 RESOLUTION 11-00222 Department of Public Facilities PUBLIC HEARINGS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE BY SEVENTY TWO (72) FOOT LONG STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT NORTHWEST 3RD STREET AND NORTHWEST 14TH AVENUE, MIAMI, FLORIDA (ALSO KNOWN AS ORANGE BOWL COMPLEX), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. City ofMiami Page 10 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 11-00222 Summary Form.pdf 11-00222 Notice of Public Hearing.pdf 11-00222 Legislation.pdf 11-00222 Exhibit 1.pdf R-11-0154 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II PH.2 RESOLUTION 11-00223 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE BY THREE HUNDRED NINETY FIVE (395) FOOT LONG STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT NORTHWEST 7TH STREET AND NORTHWEST 16TH AVENUE, MIAMI, FLORIDA (ALSO KNOWN AS ORANGE BOWL COMPLEX), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. 11-00223 Summary Form.pdf 11-00223 Notice of Public Hearing.pdf 11-00223 Legislation .pdf 11-00223 Exhibit 1.pdf R-11-0155 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II PH.3 RESOLUTION 11-00224 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE BY THIRTY SEVEN (37) FOOT LONG STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT City ofMiami Page 11 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 NORTHWEST 3RD STREET AND NORTHWEST 16TH AVENUE, MIAMI, FLORIDA (ALSO KNOWN AS ORANGE BOWL COMPLEX), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. 11-00224 Summary Form.pdf 11-00224 Notice of Public Hearing.pdf 11-00224 Legislation.pdf 11-00224 Exhibit 1.pdf R-11-0156 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II PH.4 RESOLUTION 11-00225 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER AND LIGHT COMPANY, A FOR -PROFIT FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE BY THIRTY SEVEN (37) FOOT LONG STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT NORTHWEST 7TH STREET AND NORTHWEST 14TH AVENUE, MIAMI, FLORIDA (ALSO KNOWN AS ORANGE BOWL COMPLEX), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, ADD TO, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. 11-00225 Summary Form.pdf 11-00225 Notice of Public Hearing.pdf 11-00225 Legislation.pdf 11-00225 Exhibit 1.pdf R-11-0157 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF PUBLIC HEARINGS City ofMiami Page 12 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 ORDINANCE -EMERGENCY EM.1 ORDINANCE Emergency Ordinance 11-00328 (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, Department of AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, Building and Zoning FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", BY AMENDING ARTICLE XIII, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", BY AMENDING DIVISION 6, ENTITLED, "BILLBOARDS"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SR.1 10-01296 Office of Strategic Planning, Budgeting, and Performance 11-00328 Summary Form.pdf 11-00328 Legislation .pdf 11-00328 Summary Form 04-21-11.pdf 11-00328 Email -Billboards 04-21-11.pdf 11-00328 Legislation (Version 3) 04-21-11.pdf NO ACTION TAKEN Note for the record: Vice Chair Carollo invoked the five-day rule pursuant to Chapter 2, Article II, Section 2-33 (e), of the Miami City Code, for items EM.1, RE.13, and RE.14. END OF EMERGENCY ORDINANCE ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING THE DEPARTMENTS OF THE CITY OF MIAMI AS SET FORTH AND FUNDED PURSUANT TO RESOLUTION NO. 10-0528, ADOPTED NOVEMBER 18, 2010, AND PURSUANT TO SECTION 19 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, ENTITLED "CREATION OF NEW DEPARTMENTS; DISCONTINUANCE OF DEPARTMENTS;" CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01296 Summary Form.pdf 10-01296 Legislation. pdf 10-01296 FR Summary Form 12-16-10.pdf 10-01296 Pre -Legislation 12-16-10.pdf 10-01296 Table of Organization 12-16-10.pdf 10-01296 Table of Organization-02-24-11.pdf 10-01296 Legislation (Version 2) 12-16-10.pdf MOVED: Frank Carollo SECONDED: Marc David Sarnoff Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez City ofMiami Page 13 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 SR.2 ORDINANCE Second Reading 11-00144 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 4/ARTICLE I OF THE CODE OF Department of THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC Building and Zoning BEVERAGES/IN GENERAL," MORE PARTICULARLY BYAMENDING SECTION 4-11, ENTITLED "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO REVISE THE BOUNDARIES AND LEGAL DESCRIPTION OF THE WYNWOOD CAFE DISTRICT AS DEPICTED IN ATTACHMENT "A", AND REMOVING REFERENCE TO ATTACHMENT "B"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. SR.3 11-00107 Department of Public Facilities SPONSOR: COMMISSIONER DUNN 11-00144 Summary Form FR/SR.pdf 11-00144 Legislation FR/SR.pdf 11-00144 Exhibit.pdf 11-00144 Exhibit SR 03-10-11.pdf 11-00144 Exhibit SR 04-14-11.pdf 13261 MOVED: SECONDED: Richard Dunn II Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Dunn II ABSENT: Commissioner(s) Carollo and Suarez ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 53, ARTICLE II, DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), ENTITLED "STADIUM AND CONVENTION CENTERS/CITY STADIUMS/MARINE STADIUM", TO ADJUST FEES RELATED TO THE USE OF THE PARKING LOT AT MARINE STADIUM TO BE COMPARABLE WITH OTHER GOVERNMENT IMPOSED FEES FOR SIMILAR FACILITIES, MORE PARTICULARLY BYAMENDING SECTION 53-53 (B)(1)(C) OF THE CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00107 Summary Form.pdf 11-00107 Legislation.pdf 11-00107-Submittal-Letter-Donald Worth.pdf 11-00107 Summary Form FR/SR 03-24-11.pdf 11-00107 Legislation (Version 2) 03-24-11.pdf 11-00107 SR Legislation (Version 2) 04-14-11.pdf 13262 MOVED: Marc David Sarnoff City ofMiami Page 14 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 SECONDED: Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Dunn II ABSENT: Commissioner(s) Carollo and Suarez END OF ORDINANCES - SECOND READINGS RESOLUTIONS RE.1 RESOLUTION 11-00083 Office of Strategic Planning, Budgeting, and Performance A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING AMENDMENTS TO APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2011. 11-00083 Summary Form.pdf 11-00083 FY 11 Amended Budget Summary.pdf 11-00083 Legislation.pdf 11-00083-Submittal-Budget Department -Monthly Financial Statement 3-10-11 CC Meeting.pdf MOVED: SECONDED: Frank Carollo Marc David Sarnoff Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez RE.2 RESOLUTION 11-00273 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXERCISE THE CITY OF MIAMI'S SECOND OPTION Department of TO RENEW THE PROFESSIONAL SERVICES AGREEMENT, DATED MAY Capital 6, 2008, WITH POST BUCKLEY SCHUH & JERNIGAN, INC., FOR AN Improvements ADDITIONAL ONE (1) YEAR PERIOD, FOR THE PROVISION OF CAPITAL Program PROGRAM SUPPORT SERVICES FOR THE MULTI -YEAR CAPITAL IMPROVEMENTS PLAN. 11-00273 Summary Form.pdf 11-00273 Pre Legislations.pdf 11-00273 Legislation.pdf R-11-0158 MOVED: SECONDED: Marc David Sarnoff Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Dunn II ABSENT: Commissioner(s) Carollo and Suarez RE.3 RESOLUTION City ofMiami Page 15 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 11-00192 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ENDORSING THE MIAMI TROLLEY PROGRAM AS Department of DESCRIBED HEREIN AND DIRECTING THE CITY MANAGER TO Capital PROCEED WITH THE IMPLEMENTATION OF THE HEALTH/STADIUM Improvements DISTRICT TROLLEY AND THE BISCAYNE/BRICKELL TROLLEY SERVICE Program AND THE ADDITIONAL OPTIONAL ROUTES OF OVERTOWN/ALLAPATTAH AND CORAL WAY, AS STATED HEREIN; AUTHORIZING THE ADMINISTRATION TO CHARGE A $1.00 FARE PER TROLLEY BOARDING, FOR REGULAR SCHEDULED SERVICE AND $2.00 PER TROLLEY BOARDING, FOR SPECIAL EVENT/CHARTER SERVICE; FURTHER APPROVING A COLOR SCHEME FOR THE EXTERIOR PAINT OF THE TROLLEY VEHICLES CONSISTENT WITH THE OFFICIAL CITY OF MIAMI COLORS. 11-00192 Summary Form.pdf 11-00192 Legislation.pdf 11-00192 Exhibit 1.pdf MOVED: Francis Suarez SECONDED: UNANIMOUS Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item RE.3 was deferred to the Commission meeting scheduled for April 28, 2011. RE.4 RESOLUTION 11-00303 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JOSE OLIVA, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $225,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, EXCLUDINGACLAIM FOR FUTURE MEDICAL BENEFITS, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 11-00303 Memorandums from the Office of the CityAttorney.pdf 11-00303 Legislation.pdf R-11-0160 MOVED: SECONDED: Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Dunn II City ofMiami Page 16 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 RE.5 RESOLUTION 11-00310 District 5 - Commissioner Richard Dunn II A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 62-521(B) (4) AND (5), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT TWO (2) EVENT LIMITATION PER PROPERTY AND THE TWO (2) WEEK DURATION LIMITATION PER PERMIT, IN ORDER TO HOSTA FARMERS' MARKET AT TACOLCY PARK, LOCATED AT 6161 NORTHWEST 9TH AVENUE, MIAMI, FLORIDA, OCCURRING EVERY FRIDAYAND SATURDAY, FORA PERIOD OF EIGHT (8) MONTHS STARTING APRIL 29, 2011 AND ENDING ON DECEMBER 31, 2011. 11-00310 D5Agenda Summary Memo.pdf 11-00310 Legislation.pdf R-11-0164 MOVED: SECONDED: Francis Suarez Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Dunn II RE.6 RESOLUTION 11-00311 District 5 - Commissioner Richard Dunn II A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 62-521(B) (4) AND (5), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT TWO (2) EVENT LIMITATION PER PROPERTY AND THE TWO (2) WEEK DURATION LIMITATION PER PERMIT, IN ORDER TO HOSTA FARMERS' MARKET AT THE SOUTH FLORIDA LAND TRUST PROPERTY LOCATED AT 936 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, OCCURRING EVERY FRIDAYAND SATURDAY, FORA PERIOD OF EIGHT (8) MONTHS STARTING APRIL 29, 2011 AND ENDING ON DECEMBER 31, 2011. 11-00311 D5Agenda Summary Memo.pdf 11-00311 Legislation.pdf R-11-0165 MOVED: SECONDED: Francis Suarez Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Dunn II RE.7 RESOLUTION 11-00312 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 17 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 District 2- ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Commissioner Marc LOCAL AGENCY PROGRAM AGREEMENT BETWEEN THE CITY OF MIAMI David Sarnoff AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE DOWNTOWN MIAMI SIGNAGE & WAYFINDING SYSTEM ("PROJECT"), IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER ACCEPTING A GRANT FROM FDOT OF $1,000,000 FOR THE IMPLEMENTATION OF THE PROJECT. 11-00312 Legislation.pdf 11-00312 Exhibit 1.pdf R-11-0159 MOVED: SECONDED: Marc David Sarnoff Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Carollo ABSENT: Commissioner(s) Suarez and Dunn II RE.8 RESOLUTION 11-00275 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE CITY OF MIAMI CHARTER REVIEW AND REFORM COMMITTEE TO REVIEW THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND RECOMMEND CHARTER PROPOSALS AND AMENDMENTS NECESSARY TO UPDATE THE CHARTER; STATING THE COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, AND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00275 Memorandum from the Office of the City Attorney.pdf 11-00275 Legislation.pdf MOVED: Richard Dunn II SECONDED: Marc David Sarnoff Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez RE.9 RESOLUTION 11-00313 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO PURSUE ANY PRE -SUIT REMEDIES AND/OR SEEK DECLARATORY AND INJUNCTIVE RELIEF, AND ANY OTHER ACTIONS AT LAW OR IN EQUITY, AGAINST MIAMI-DADE COUNTY, AND ALL NECESSARY BODIES, TO CLARIFY THAT THE MIAMI-DADE COUNTY COMMISSION ON HUMAN RIGHTS DOES NOT HAVE THE AUTHORITY UNDER THE FLORIDA CONSTITUTION, STATE LAW OR THE MIAMI-DADE COUNTY CHARTER TO IMPOSE REMEDIES UPON City ofMiami Page 18 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 MUNICIPALITIES IN MIAMI-DADE COUNTY, SUCH AS THE CITY OF MIAMI, FOR ALLEGED VIOLATION OF THE MIAMI-DADE COUNTY DISCRIMINATION ORDINANCE, SECTION 11A ET SEQ. 11-00313 Memorandum from the Office of the City Attorney.pdf 11-00313 Legislation.pdf R-11-0161 MOVED: SECONDED: Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Dunn II RE.10 RESOLUTION 11-00243 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MARGARITTE DINGLE, THEOANDRIA KENDRICK, A MINOR BY HER MOTHER AND NATURAL GUARDIAN DENISE DAVIS, MICHAEL JOHNSON, SR., AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MICHAEL JOHNSON, JR., AND KEVARIS DAUGHTY, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $200,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEYS FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, THE POLISH AMERICAN CLUB OF MIAMI, INC., DIANE THOMAS, AND OTHER PERSON OR ENTITY THAT MAY HAVE LIABILITY, IN THE CASES STYLED, MARGARITTE DINGLE VS. THE POLISH AMERICAN CLUB OF MIAMI, INC., ETAL., PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 09-44632 CA 13, AND THEOANDRIA KENDRICK, ETC., ETAL., V. THE POLISH AMERICAN CLUB OF MIAMI, INC., ETAL., PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 09-44642 CA 13, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 11-00243 Memorandum.pdf 11-00243 Memorandum Budget.pdf 11-00243 Legislation (Version 2) 04-14-11.pdf R-11-0166 MOVED: SECONDED: UNANIMOUS Francis Suarez Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II City ofMiami Page 19 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 RE.11 RESOLUTION 11-00325 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE GROVE TREE -MAN TRUST TO PERFORM TREE -TRIMMING ACTIVITIES District2- ON TREES LOCATED IN CITY OF MIAMI RIGHTS -OF -WAY AND IN CITY Commissioner Marc PARKS USING RESOURCES PROVIDED BY THE STATE OF FLORIDA, David Sarnoff DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS. 11-00325 Letter of Support 2011 National Urban Community Foresty Grant Program.pdf 11-00325 Pre Certified Legislation .pdf 11-00325 Legislation .pdf R-11-0162 MOVED: SECONDED: Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Dunn II RE.12 RESOLUTION 11-00190 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT WITH FLAGLER FIRST CONDOMINIUMS, LLC, RELATING TO THE REDEVELOPMENT OF AN AFFORDABLE HOUSING CONDOMINIUM PROJECT KNOWN AS FLAGLER FIRST CONDOMINIUM, LOCATED AT 101 EAST FLAGLER STREET, MIAMI, FLORIDA ("PROJECT"); PROVIDING AN EXTENSION OF THE DEADLINE FOR THE SALE OF ALL PROJECT RESIDENTIAL CONDOMINIUM UNITS UNTIL DECEMBER 2, 2013. 11-00190 Summary Form.pdf 11-00190 Legislation.pdf 11-00190 Exhibit 1.pdf 11-00190 Pre Legislations 04-14-11.pdf 11-00190 Exhibit 2 04-14-11.pdf R-11-0163 MOVED: Marc David Sarnoff SECONDED: Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Suarez ABSENT: Commissioner(s) Carollo and Dunn II RE.13 RESOLUTION City ofMiami Page 20 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 11-00329 Department of Building and Zoning RE.14 11-00330 Department of Building and Zoning BC.1 11-00139 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT WITH SOUTH FLORIDA EQUITABLE FUND, LLC., ETAL., WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEYS FEES AND COSTS, AGAINST THE CITY OF MIAMI, IN THE CASE STYLED SOUTH FLORIDA EQUITABLE FUND, LLC. VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 010-21032-C I V-U N GA RO. 11-00329 Summary Form.pdf 11-00329 Legislation.pdf 11-00329 Exhibit 1.pdf 11-00329 Summary Form 04-21-11.pdf 11-00329 Legislation (Version 3) 04-21-11.pdf 11-00329 Exhibit 1 04-21-11.pdf NO ACTION TAKEN Note for the record: Vice Chair Carollo invoked the five-day rule pursuant to Chapter 2, Article II, Section 2-33 (e), of the Miami City Code, for items EM.1, RE.13, and RE.14. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING ITS INTENTION TO MODIFY RESOLUTION NO. 09-0451, ADOPTED SEPTEMBER 24, 2009, CONCERNING THE 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 AGREEMENT WITH SOUTH FLORIDA EQUITABLE FUND, LLC., TO ALLOW IT TO PARTICIPATE IN SUCH PILOT PROGRAM. 11-00330 Summary Form.pdf 11-00330 Legislation.pdf 11-00330 Summary Form 04-21-11.pdf 11-00330 Pre -Legislation 04-21-11.pdf 11-00330 Legislation (Version 2) 04-21-11.pdf NO ACTION TAKEN Note for the record: Vice Chair Carollo invoked the five-day rule pursuant to Chapter 2, Article II, Section 2-33 (e), of the Miami City Code, for items EM.1, RE.13, and RE.14. END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FORATERM DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City ofMiami Page 2] Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 MOVED: SECONDED: UNANIMOUS Francis Suarez Marc David Sarnoff Vice Chairman Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II BC.2 RESOLUTION 11-00228 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: 11-00228 Audit CCMemo.pdf 11-00228 Audit Current_Board_Members.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Marc David Sarnoff Commissioner Francis Suarez Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II BC.3 RESOLUTION 11-00229 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Francis Suarez 11-00229 Bayfront CCMemo.pdf 11-00229 Bayfront Current_Board_Members.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Marc David Sarnoff Motion that this matter be CONTINUED PASSED by the following vote. City ofMiami Page 22 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II BC.4 RESOLUTION 11-00230 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Constance Gilbert Commissioner Richard Dunn II 11-00230 CSW CCMemo.pdf 11-00230 CSW Current_Board_Members.pdf R-11-0135 MOVED: SECONDED: Richard Dunn II Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II ABSENT: Commissioner(s) Carollo BC.5 RESOLUTION 11-00235 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 11-00235 CRB Resumes.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Marc David Sarnoff NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Marc David Sarnoff Commissioner Francis Suarez Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II BC.6 RESOLUTION 11-00231 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A City ofMiami Page 23 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 Office of the City CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY Clerk TECHNOLOGY ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: MOVED: SECONDED: UNANIMOUS Francis Suarez Marc David Sarnoff Vice Chairman Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II BC.7 RESOLUTION 11-00211 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gary Ciuca Commissioner Marc Sarnoff 11-00211 CEB CCMemo.pdf 11-00211 CEB Current_Board_Members.pdf R-11-0136 MOVED: SECONDED: Marc David Sarnoff Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II ABSENT: Commissioner(s) Carollo BC.8 RESOLUTION 11-00232 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TERM LIMIT BY FIVE -FIVE UNANIMOUS AFFIRMATIVE VOTE, AS IT RELATES TO MIRIAM URRAAS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD. MOVED: Francis Suarez SECONDED: UNANIMOUS Marc David Sarnoff Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II City ofMiami Page 24 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 BC.9 RESOLUTION 11-00241 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Wifredo (Willy) Gort Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Marc David Sarnoff FOP 11-00241 EOA CCMemo.pdf 11-00241 EOAB Current_Board_Members.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Marc David Sarnoff Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II BC.10 RESOLUTION 10-00766 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: MOVED: SECONDED: UNANIMOUS Francis Suarez Marc David Sarnoff NOMINATED BY: Vice Chairman Frank Carollo Commissioner Richard Dunn II Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II BC.11 RESOLUTION City ofMiami Page 25 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 11-00233 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Vice Chairman Frank Carollo (Business/Finance/law) Vice Chairman Frank Carollo (Architectural Historian - Category 3) Commissioner Francis Suarez (Architect) 11-00233 Summary List HEP applicants.pdf 11-00233 HEP Applications.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Marc David Sarnoff Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II BC.12 RESOLUTION 11-00234 Office of the City Clerk BC.13 11-00248 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Henry Zayas-Bazan Mayor Tomas Regalado Maria Sardina Mann Mayor Tomas Regalado 11-00234 Homeland CCMemo.pdf 11-00234 Homeland Current_Board_Members.pdf R-11-0137 MOVED: SECONDED: Francis Suarez Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II ABSENT: Commissioner(s) Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A City ofMiami Page 26 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 Office of the City Clerk CERTAIN INDIVIDUAL ASAMEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FORATERM AS DESIGNATED HEREIN. APPOINTEE: Jay Solowsky NOMINATED BY: Commissioner Marc David Sarnoff 11-00248 MSEACCMemo.pdf 11-00248 MSEA Current_Board_Members.pdf R-11-0138 MOVED: SECONDED: Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II ABSENT: Commissioner(s) Carollo BC.14 RESOLUTION 10-00913 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Peter Ehrlich Commissioner Marc David Sarnoff 10-00913 NAB CCMemo.pdf 10-00913 NAB Current_Board_Members.pdf R-11-0139 MOVED: SECONDED: Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II ABSENT: Commissioner(s) Carollo BC.15 RESOLUTION 11-00202 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City ofMiami Page 27 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 (Youth Member) 11-002-2 OAB Applications.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Marc David Sarnoff Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II BC.16 RESOLUTION 11-00154 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Mark Schrieber City Manager Tony E. Crapp, Jr. 11-00154 PRAB CCMemo.pdf 11-00154 PRAB Current_Board_Members.pdf R-11-0140 MOVED: SECONDED: Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II ABSENT: Commissioner(s) Carollo BC.16A RESOLUTION 11-00154a Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING JOSE CERDAN AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD. R-11-0141 MOVED: SECONDED: Marc David Sarnoff Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II City ofMiami Page 28 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 ABSENT: Commissioner(s) Carollo BC.16B RESOLUTION 11-00154b Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jose Reyes City Manager Tony E. Crapp, Jr. R-11-0142 MOVED: SECONDED: Marc David Sarnoff Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II ABSENT: Commissioner(s) Carollo BC.17 RESOLUTION 11-00250 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Wifredo (Willy) Gort Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Francis Suarez Commissioner Richard Dunn II 11-00250 UDRB CCMemo.pdf 11-00250 UDRB Current_Board_Members.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Marc David Sarnoff Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II City ofMiami Page 29 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 BC.18 RESOLUTION 10-00919 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commission AT -LARGE 10-00919 Virginia Key CCMemo.pdf 10-00919 VKBPT Current_Board_Members.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Marc David Sarnoff Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II BC.19 RESOLUTION 11-00252 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Francis Suarez 11-00252 WAB CCMemo.pdf 11-00252 WAB Current_Board_Members.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Marc David Sarnoff Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II BC.20 RESOLUTION 10-00825 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION, APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Miriam Urra Chairman Wifredo (Willy) Gort Charles J. Flowers Commissioner Richard Dunn II City ofMiami Page 30 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 James Dixon AFSCME 871 10-00825 EOACCMemo.pdf R-11-0089 MOVED: SECONDED: Richard Dunn II Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II ABSENT: Commissioner(s) Carollo END OF BOARDS AND COMMITTEES DI.1 DISCUSSION ITEM 11-00274 Department of Finance 2:00 P.M. ES.1 11-00243a Office of the City Attorney DISCUSSION ITEM QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT EXPENDITURES FOR 2ND QUARTER FY 11. 11-00274 Summary Form.pdf DISCUSSED END OF DISCUSSION ITEM EXECUTIVE SESSION EXECUTIVE SESSION UNDER THE PARAMETERS OF F.S. §286.011(8), F.S. [2010]. 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 LITIGATION CASE OF: MARGARITTE DINGLE VS. THE POLISH AMERICAN CLUB OF MIAMI, INC., ETAL., PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 08-03407 CA 08, AND THEOANDRIA KENDRICK, ETC., ET AL., V. THE POLISH AMERICAN CLUB OF MIAMI, INC., ETAL., PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 09-44642 CA 08, TO WHICH THE CITY IS PRESENTLYA 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 City ofMiami Page 31 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 M.1 11-00245 WIFREDO (WILLY) GORT, FRANK CAROLLO, ,MARC DAVID SARNOFF FRANCIS SUAREZAND RICHARD P. DUNN, II; THE CITY MANAGER, TONY E. CRAPP, JR.; 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. 11-00243a Memorandum Office of City Attorney.pdf 11-00243a Notice to the Public .pdf DISCUSSED END OF EXECUTIVE SESSION MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED, MORE PARTICULARLY BY CREATING A NEW DIVISION 8, ENTITLED " TEMPORARY VACANT STOREFRONT WINDOW SIGNS" TO DEFINE TEMPORARY VACANT STOREFRONT WINDOW SIGNS AND TO ALLOW FOR TEMPORARY VACANT STOREFRONT WINDOW SIGNS IN CERTAIN TRANSECT ZONES; PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 11-00245 Legislation.pdf 11-00245 Legislation (Version 2) 04-14-11.pdf MOVED: Frank Carollo SECONDED: Marc David Sarnoff Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez Direction by Commissioner Sarnoff to the City Attorney to provide a memorandum addressing on -premise signs in relation to the requirements of the Federal Beautification Act referenced in Florida Statute Chapter 479; further directing that the memorandum analyze the affects of these requirements on correspondence dated October 14, 2010, from then Governor Charlie Christ, regarding the City's ordinance, and whether the regulations outlined in this legislation will have to go before the Flordia Department of Transportation (FDOT) for approval. City ofMiami Page 32 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 END OF CITYWIDE ITEMS DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 11-00304 D2.2 11-00305 DISCUSSION REGARDING REMOVING SQUATTERS IN VACANT AND ABANDONED BUILDINGS. 11-00304 Email- Removing Squatters Vacant and Abandoned Buildings.pdf DISCUSSED DISCUSSION ITEM DISCUSSION REGARDING THE AT & T EQUIPMENT AT EVA MUNROE GRAVE SITE. 11-00305 Email- AT&T Equipment at Eva Munroe Grave Site.pdf DISCUSSED Direction by Commissioner Sarnoff to the Administration for the Director of Public Works to appear at the Commission Meeting scheduled for April 28, 2011, and report on whether or not AT&T has fulfilled its obligation regarding issues involving the Eva Munroe grave site. D2.3 DISCUSSION ITEM 11-00306 DISCUSSION ABOUT REMOVING ABANDONED CONSTRUCTION EQUIPMENT AND TRAILERS AT 5604-5610 BISCAYNE BOULEVARD. 11-00306 Email -Abandoned Construction Equipment and Trailers.pdf DISCUSSED D2.4 DISCUSSION ITEM 11-00307 DISCUSSION ABOUT IF THE CITY OF MIAMI SHOULD LIMIT THE EXEMPTION OF CITY OWNED PROPERTY FROM ITS OWN NOISE ORDINANCE. 11-00307 Email- Limit the Exemption Noise Ordinance.pdf City ofMiami Page 33 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 INDEFINITELY DEFERRED END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 11-00277 DISCUSSION REGARDING COMPETITIVE BIDDING PREFERENCE FOR LOCAL VENDORS. 11-00277 E-mail Competitive Bidding Preference Local Vendors.pdf DISCUSSED Direction by Commissioner Suarez to the City Attorney to draft an ordinance by the April 28, 2011, Miami City Commission Meeting, that amends Section 18-85 (a) of the Miami City Code, increasing the current threshold of "ten percent" referenced in Section 18-85 (a), to fifteen percent; further directing that this increase be applied to Invitation for Bids (IFBs), and Request for Proposals (RFPs) as outlined by Chair Gort. Direction by Chair Gort to the Administration for the Purchasing Department to research how the City of Miami's pre -qualified vendor process used for services provided by local auto body shops can be applied to other contracting services used by the City. D4.2 DISCUSSION ITEM 11-00324 DISCUSSION REGARDING PROGRAMS AND FUNDING SOURCES AVAILABLE TO ADDRESS UNSAFE STRUCTURES AND VACANT/ABANDONED PROPERTIES. 11-00324 Email - Unsafe Structures and Vacant -Abandoned Properties.pdf DISCUSSED (D4.2) RESOLUTION 11-00324a District 2- Commissioner Marc David Sarnoff A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A POLICY STATEMENT TO THE CITY ATTORNEY, CITY MANAGER AND THE ADMINISTRATION THAT ONE OF THE MOST IMPORTANT ITEMS FOR THE MIAMI CITY COMMISSION DURING THE NEXT SIX (6) MONTHS, OTHER THAN THE BUDGET, IS TO CLEAN UP VACANT AND ABANDONED BUILDINGS; MAKING SAID ITEM A PRIORITY AND TREATING SAID ITEM AS SUCH. R-11-0167 City ofMiami Page 34 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 NON AGENDA ITEMS NA.1 DISCUSSION ITEM 11-00374 DISCUSSION BY MAYOR REGALADO REGARDING FISCAL YEAR 2011 AND FISCAL YEAR 2012 BUDGETS. DISCUSSED NA.2 DISCUSSION ITEM 11-00375 MAYOR REGALADO AND THE MIAMI CITY COMMISSION CONGRATULATED THE FORMER CITY MANAGER, CARLOS A. MIGOYA, ON HIS SELECTION AS THE NEW CHIEF EXECUTIVE OFFICER OF JACKSON HEALTH SYSTEM. DISCUSSED NA.3 RESOLUTION 11-00370 A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL COMMISSION MEETING ON APRIL 21, 2011, AT 9:00 AM, AT MIAMI CITY HALL, FOR THE PURPOSE OF CONSIDERING THE FOLLOWING: (1) AN EMERGENCY ORDINANCE AMENDING CHAPTER 62 OF THE CITY CODE; (2) A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT WITH SOUTH FLORIDA EQUITABLE FUND, LLC., ETAL.; AND (3) A RESOLUTION OF THE MIAMI CITY COMMISSION MODIFYING THE POLICY EXPRESSED IN RESOLUTION NO. 09-0451, CONCERNING THE PILOT PROGRAM ALLOWING 1,000 FOOT SPACING OF OUTDOOR ADVERTISING SIGNS ALONG EXPRESSWAYS IN THE CITY OF MIAMI. R-11-0143 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Richard Dunn II City ofMiami Page 35 Printed on 4/19/2011 City Commission Marked Agenda April 14, 2011 Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II NA.4 DISCUSSION ITEM 11-00376 NA.5 11-00377 DISCUSSION BY CHAIR GORT REGARDING THE CREATION OF A REVENUE TASK FORCE. DISCUSSED DISCUSSION ITEM DISCUSSION BY CHAIR GORT REGARDING THE CONVERSION OF THE CITY OF MIAMI'S FLEET VEHICLES TO NATURAL GAS. DISCUSSED ADJOURNMENT A motion was made by Vice Chair Carollo, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Suarez absent, to adjourn today's meeting. City ofMiami Page 36 Printed on 4/19/2011