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HomeMy WebLinkAboutCC 2011-09-27 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com „ t. I NCOFIP- 9FFUT'. 151.4113 rf}„VV. Meeting Agenda Tuesday, September 27, 2011 9:00 AM PLANNING & ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chairman Frank Carollo, Vice -Chairman Marc David Sarnoff, Commissioner District Two Francis Suarez, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Agenda September 27, 2011 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 City ofMiami Page 2 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 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 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 9/19/2011 City Commission Meeting Agenda September 27, 2011 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.6 may be heard in the number sequence or as announced by the Commission PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS PART B PZ - PLANNING AND ZONING ITEM(S) The Planning and Zoning item(s) shall not be considered before 2:00 PM. MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City ofMiami Page 4 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 PRESENTATION 11-00864 Honoree Presenter Protocol Item Rex Chemical Corp. Chairman Gort Salute Miami Youth Sailing Commissioner Samoff Certificates 11-00864 Protocol Item.pdf INVOCATION AND PLEDGE OF ALLEGIANCE 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.) City ofMiami Page 5 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 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. 6 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. 6 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 11-00792 Department of Police CA.2 11-00793 Department of Parks and Recreation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED FUNDING OF PROTRACTED/COMPLEX INVESTIGATIONS, IN AN AMOUNT NOT TO EXCEED $200,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NO. 19-690001 AND ACCOUNT CODE 12500.191602.535000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 11-00792 Summary Form.pdf 11-00792 Affidavit Letter.pdf 11-00792 Budget Funds Check Results.pdf 11-00792 Legislation.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "OUT OF SCHOOL TIME SNACK PROGRAM 2011-2012" AND ACCEPTING AND APPROPRIATING FUNDS, IN AN ESTIMATED AMOUNT NOT TO EXCEED $239,491.20, CONSISTING OF A REIMBURSEMENT GRANTAWARD RECEIVED FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILDREN NUTRITION PROGRAMS, ADMINISTERING THE UNITED STATES DEPARTMENT OF AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM CDFA#10.558 (CHILD CARE FOOD PROGRAM); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID REIMBURSEMENT GRANTAWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANTAWARD; ALLOCATING SAID FUNDS FROM THE CHILD CARE FOOD PROGRAM TO THE CITY OF MIAMI'S OUT OF SCHOOL TIME SNACK PROGRAM FROM OCTOBER 2011 THROUGH SEPTEMBER 2012; AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE OPERATIONS OF THE PROGRAM, WITH SUCH AUTHORIZATION REMAINING VALID AND OUTSTANDING EVEN IF THE ANTICIPATED AWARD IS REDUCED OR INCREASED. City ofMiami Page 6 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 11-00793 Summary Form.pdf 11-00793 Legislation .pdf 11-00793 Exhibit 1.pdf City ofMiami Page 7 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 CA.3 11-00795 Department of Parks and Recreation CA.4 11-00797 Department of Public Facilities RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT FOR FISCAL YEAR 2011-2012 ENTITLED: "CHILD DAY CARE FOOD PROGRAM" AND ACCEPTING AND APPROPRIATING FUNDS, IN AN ESTIMATED AMOUNT OF EIGHTY THOUSAND DOLLARS ($80,000), CONSISTING OF ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILDREN NUTRITION PROGRAMS, CHILD CARE FOOD PROGRAM ADMINISTERING FUNDS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM (CDFA #10.558); AUTHORIZING THE CITY MANAGER TO ACCEPT SUCH ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS AND TO EXECUTE THE FISCAL YEAR 2011-2012 CONTRACT INCLUDING ALL ATTACHMENTS AND AMENDMENTS THERETO, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, ALL OTHER NECESSARY DOCUMENTS FOR COMPLIANCE WITH AND OPERATION OF A YEAR-ROUND FOOD SERVICE PROGRAM (THE "PROGRAM") FOR PRESCHOOL AGED CHILDREN IN THE CITY OF MIAMI PARKS, WITH CONDITIONS; AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE OPERATIONS OF THE PROGRAM, WITH SUCH AUTHORIZATION REMAINING VALID AND OUTSTANDING EVEN IF THE ANTICIPATED ENTITLEMENTAWARD IS REDUCED OR INCREASED. 11-00795 Summary Form.pdf 11-00795 Legislation.pdf 11-00795 Exhibit 1.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO REVOCABLE PERMIT NO. 8 ("AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND ALLAPATTAH COMMUNITY ACTION, INC., FOR THE CONTINUED USE OF THE CITY -OWNED PROPERTY LOCATED AT 2257 NORTHWEST NORTH RIVER DRIVE, FORMERLY KNOWN AS 2251 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, IN CURTIS PARK, TO PROVIDE ELDERLY INDIVIDUALS WITH DAILY LUNCH TIME MEALS, AND EDUCATIONAL AND RECREATIONAL ACTIVITIES, PROVIDING FOR AN ANNUAL INCREASE FROM $100 TO $200, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN THE AMENDMENT. 11-00797 Summary Form.pdf 11-00797 Revocable Permit No. 8.pdf 11-00797 Legislation.pdf 11-00797 Exhibit 1.pdf City ofMiami Page 8 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 CA.5 11-00798 Department of Public Works CA.6 11-00833 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), FOR THE CONSTRUCTION OF NEW CONCRETE SIDEWALK ALONG THE NORTHERLY SIDE OF SOUTH BAYSHORE DRIVE BETWEEN AVIATION AVENUE AND KIRK STREET, MIAMI, FLORIDA; ALLOCATING FUNDS, IN THE AMOUNT OF $100,000, FROM CAPITAL IMPROVEMENTS PROJECT NO. B-40168, TO THE COUNTY FOR SAID PURPOSE. 11-00798 Summary Form.pdf 11-00798 Legislation.pdf 11-00798 Exhibit 1.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "2011-2012 VICTIMS OF CRIME ACT (VOCA)" CONSISTING OF A GRANT AWARD FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DIVISION OF VICTIM SERVICES AND CRIMINAL JUSTICE PROGRAMS, IN THE AMOUNT OF $32,247, AND THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS IN THE AMOUNT OF $8,062, IN -KIND SERVICES FROM THE CITY OF MIAMI POLICE DEPARTMENT, FORATOTALAMOUNT OF $40,309; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANTAWARD AND TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 11-00833 Summary Form.pdf 11-00833 Memo - Emergency Item .pdf 11-00833 Memos - Office of the Attorney General.pdf 11-00833 Legislation .pdf 11-00833 Exhibit 1.pdf END OF CONSENT AGENDA City of Miami Page 9 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 PH.1 11-00819 Department of Purchasing PUBLIC HEARING RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE LEASING OF GOLF CARS FOR THE INTERNATIONAL LINKS/MELREESE GOLF CLUB; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH YAMAHA MOTOR CORPORATION, FOR A SIXTY (60) MONTH TERM AND IN A TOTAL LEASE AMOUNT NOT TO EXCEED $250,500. 11-00819 Summary Form.pdf 11-00819 Notice to the Public.pdf 11-00819 Proposal - Melreese Golf Club.pdf 11-00819 Legislation.pdf 11-00819 Exhibit 1.pdf END OF PUBLIC HEARING City of Miami Page 10 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 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 11-00732 Office of the City Clerk SR.2 11-00647 Department of Building and Zoning ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING PROVISIONS FOR EARLY VOTING IN THE CITY OF MIAMI, PURSUANT TO FLORIDA STATUTE §100.3605, FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 1, 2011; DESIGNATING CERTAIN SITES AND TIMES FOR EARLY VOTING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00732 Early Voting Sites Memo -SUB FR/SR.pdf 11-00732 Legislation SR (Version 2) 09-27-11.pdf DATE: SEPTEMBER 15, 2011 MOVER: COMMISSIONER SPENCE-JONES SECONDER: VICE CHAIRMAN CAROLLO VOTE: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND SPENCE-JONES ACTION: PASSED ON FIRST READING WITH MODIFICATIONS --PASSED ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 4/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTIONS 4-2 ENTITLED "DEFINITIONS" AND SECTION 4-11, ENTITLED "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO CREATE THE ORANGE BOWL DISTRICT AND REGULATIONS FOR ESTABLISHMENTS LOCATED WITHIN THE ORANGE BOWL DISTRICT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00647 Summary Form FR-SR.pdf 11-00647 Exhibit 1 FR-SR.pdf 11-00647 Legislation SR (Version 4) 09-27-11.pdf DATE: MOVER: SECONDER: VOTE: ACTION: DATE: JULY 28, 2011 VICE CHAIRMAN CAROLLO COMMISSIONER SARNOFF AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND DUNN II PASSED ON FIRST READING --PASSED SEPTEMBER 15, 2011 City ofMiami Page 11 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 MOVER: VICE CHAIRMAN CAROLLO SECONDER: COMMISSIONER SARNOFF VOTE: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND SPENCE-JONES ABSENT: 1 - COMMISSIONER(S) SUAREZ ACTION: DEFERRED --PASSED END OF ORDINANCES - SECOND READINGS City ofMiami Page 12 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 ORDINANCE - 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 11-00799 Department of Public Facilities ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PARKS AND RECREATION/IN GENERAL", MORE PARTICULARLY BY RESCINDING IN ITS ENTIRETY, SECTION 38-8, ENTITLED "USE OF MANUELARTIME COMMUNITY CENTER"; FURTHER AMENDING CHAPTER 53 OF THE CITY CODE, ENTITLED "STADIUMS AND CONVENTIONS", BY CREATING A NEW ARTICLE V, ENTITLED "MANUELARTIME COMMUNITY CENTER', AUTHORIZING THE ADJUSTMENT OF VARIOUS RENTAL FEES FOR USE OF THE MANUELARTIME COMMUNITY CENTER; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00799 Summary Form.pdf 11-00799 Manuel Artime Fee Analysis.pdf 11-00799 Legislation.pdf END OF FIRST READING ORDINANCE City ofMiami Page 13 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 RE.1 11-00800 Department of Capital Improvements Program RE.2 11-00801 Department of Capital Improvements Program RE.3 11-00802 Department of Purchasing RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCALAGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES WITH SAID SERVICES TO BE PROVIDED BY THE CITY OF MIAMI THROUGH A PROFESSIONAL SERVICES AGREEMENT WITH AN OPERATOR, SUBJECT TO CITY COMMISSION APPROVALATA FUTURE MEETING; PROVIDING FOR THE IMPLEMENTATION, OPERATION, AND MAINTENANCE OF THE MIAMI TROLLEY SYSTEM. 11-00800 Summary Form.pdf 11-00800 Legislation .pdf 11-00800 Exhibit 1.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED PROJECTS, PURSUANT TO ORDINANCE NO. 13045, ADOPTED DECEMBER 11, 2008, BY REPLACING THE CURRENT "ATTACHMENT A," WITH "ATTACHMENT A- 9/27/11 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS. 11-00801 Summary Form.pdf 11-00801 Pre-Legislations.pdf 11-00801 Legislation.pdf 11-00801 Exhibit 1.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING THE AWARD TO MCINTYRE MAINTENANCE, INC., PURSUANT TO INVITATION FOR BID NO. 247232; AWARDING THE BID TO BCLS LANDSCAPING, INC., THE NEXT LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR GROUNDS MAINTENANCE SERVICES CITYWIDE, 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 OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-00802 Summary Form.pdf 11-00802 Award Sheet.pdf 11-00802 Letters - Grounds Maintenance Svcs.pdf 11-00802 Legislation.pdf City ofMiami Page 14 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 RE.4 11-00837 Department of Capital Improvements Program RE.5 11-00817 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-85(a) AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING AN INCREASE, IN AN AMOUNT NOT TO EXCEED $87,500, TO THE GRANT AGREEMENT ("AGREEMENT") BETWEEN THE CITY AND ACTION COMMUNITY CENTER, INC., FOR PRE -ARRANGED TRANSPORTATION SERVICES FOR LOW TO MODERATE INCOME ELDERLY OR DISABLED MIAMI RESIDENTS; FURTHER AUTHORIZING A THREE (3) MONTH EXTENSION TO THE AGREEMENT FROM SEPTEMBER 30, 2011 TO DECEMBER 31, 2011, OR UNTIL THE PENDING PROTEST IS RESOLVED AND A NOTICE TO PROCEED IS ISSUED FOR THE SUBSEQUENT CONTRACT, WHICHEVER OCCURS FIRST; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSES; ALLOCATING FUNDS FROM THE CITY'S SHARE OF THE TRANSIT SURTAX. 11-00837 Summary Form.pdf 11-00837 Pre-Legislation.pdf 11-00837 Legislation.pdf 11-00837 Exhibit 1.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TRANSFERRING THE MANAGEMENT AND POSSESSION OF RESIDENTIAL AND COMMERCIAL PROPERTY LEASED TO THE OLYMPIA BUILDING PARTNERSHIP, LTD., BACK TO THE CITY OF MIAMI; MAINTAINING THE RESIDENTIAL PROPERTY AS AFFORDABLE HOUSING AT LEAST THROUGH THE CALENDAR YEAR 2011; TRANSFERRING ANY OPERATING CASH IN DEFENDANTS POSSESSION LESS $15,000 FOR ITS FINAL FINANCIAL AUDIT; CONTINUING DEFENDANT'S PAYMENTS ON COMMUNITY DEVELOPMENT LOANS UNTIL SUCH TIME AS THE TRANSFER OF POSSESSION TAKES PLACE; TRANSFERRING OR CANCELING ALL SERVICE CONTRACTS UPON REVIEW OF THE DEPARTMENT OF PUBLIC FACILITIES, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST OLYMPIA BUILDING PARTNERSHIP, LTD., IN THE CASE OF CITY OF MIAMI VS. OLYMPIA BUILDING PARTNERSHIP, LTD., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 03-28667-CA-27. City ofMiami Page 15 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 11-00817 Memo - Office of the City Attorney.pdf 11-00817 Legislation.pdf City of Miami Page 16 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 RE.6 11-00853 Office of the City Attorney RE.7 11-00751 Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEYS FEES AND COSTS FOR THE ENGAGEMENT OF THE LAW OFFICES OF OSCAR E. MARRERO FOR THE REPRESENTATION OF MIGUEL EXPOSITO IN THE CASE OF JOHNNIE BROWN VS. RAY BLANCO, ETAL., PENDING IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO.: 11-14727 CA 08; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 11-00853 Memo - Office of the City Attorney.pdf 11-00853 Legislation.pdf RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 6 TO THE CONSTRUCTION MANAGER AT RISK AGREEMENT ("AGREEMENT"), WITH SUFFOLK CONSTRUCTION COMPANY, INC., FOR THE STADIUM SITE PARKING PROJECT, IN SUBSTANTIALLY THE ATTACHED FORM, TO REMEDY THE STRUCTURAL DEFICIENCIES WITHIN THE FOUR PARKING GARAGES CAUSED BY DESIGN ERRORS OR OMISSIONS, INCREASING THE AGREEMENT BY $2,500,000, FROM AN ORIGINAL $73,000,000, TO A TOTAL NOT TO EXCEED GUARANTEED MAXIMUM PRICE OF $75,500,000; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. B-30648. 11-00751 Summary Form.pdf 11-00751 Letter - Structural Deficiencies.pdf 11-00751 Letter - Miami Marlins Ballpark.pdf 11-00751 Pre-Legislations.pdf 11-00751 Risk Agrmt.with Suffolk Contruction.pdf 11-00751 Legislation.pdf 11-00751 Exhibit 1.pdf DATE: MOVER: SECONDER: VOTE: ACTION: SEPTEMBER 15, 2011 COMMISSIONER SARNOFF VICE CHAIRMAN CAROLLO AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND SPENCE-JONES DEFERRED --PASSED END OF RESOLUTIONS City of Miami Page 17 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 2:00 PM. PZ.1 11-00585zt ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ENTITLED "STANDARDS AND TABLES", TO CLARIFY LANGUAGE FOR PARKING REDUCTIONS, TO CORRECT LANGUAGE AND CROSS REFERENCES, AND TO UPDATE THE REFERENCE DIAGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD (PZAB): Recommended approval with a modification* to City Commission on July 6, 2011 by a vote of 7-0. *See PZAB Resolution PURPOSE: This will allow minor and non -substantial changes to Article 4 of the Miami 21 Code to clarify language, remove irrelevant references and correct cross-references, and update diagrams previously approved by the City Commission. 11-00585zt CC FR 09-27-11 Fact Sheet.pdf 11-00585zt PZAB Reso & CC Legislation (Ver. 2) with Exhibits.pdf END OF PLANNING AND ZONING ITEMS City of Miami Page 18 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 M.1 11-00245 MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO ORDINANCE FIRST READING (4/5THS VOTE) 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 CREATE REGULATIONS FOR TEMPORARY VACANT STOREFRONT WINDOW SIGNS; PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 11-00245 Legislation (Version 6) 09-27-11.pdf DATE: MOVER: SECONDER: VOTE: ACTION: DATE: MOVER: SECONDER: VOTE: ACTION: DATE: MOVER: SECONDER: VOTE: ACTION: DATE: MOVER: SECONDER: VOTE: ACTION: DATE: MARCH 24, 2011 VICE CHAIRMAN CAROLLO COMMISSIONER SUAREZ AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND DUNN II DEFERRED --PASSED APRIL 14, 2011 VICE CHAIRMAN CAROLLO COMMISSIONER SARNOFF AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND DUNN II ABSENT: 1 - COMMISSIONER(S) SUAREZ CONTINUED --PASSED MAY 12, 2011 COMMISSIONER SUAREZ COMMISSIONER SARNOFF AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND DUNN II CONTINUED --PASSED JUNE 23, 2011 VICE CHAIRMAN CAROLLO COMMISSIONER DUNN II AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND DUNN II CONTINUED --PASSED JULY 28, 2011 City ofMiami Page 19 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 MOVER: SECONDER: VOTE: ACTION: VICE CHAIRMAN CAROLLO COMMISSIONER SUAREZ AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND DUNN II CONTINUED --PASSED END OF CITYWIDE ITEMS City ofMiami Page 20 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT END OF DISTRICT 1 City ofMiami Page 21 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 City ofMiami Page 22 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 City ofMiami Page 23 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 D4.1 11-00712 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION REGARDING DEFERRED COMPENSATION AND OTHER SPECIAL RETIREMENT/PENSION BENEFITS OFFERED TO CERTAIN EXECUTIVE EMPLOYEES. 11-00712 Email - Deferred Compensation.pdf DATE: ACTION: SEPTEMBER 15, 2011 DEFERRED END OF DISTRICT 4 City ofMiami Page 24 Printed on 9/19/2011 City Commission Meeting Agenda September 27, 2011 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 City ofMiami Page 25 Printed on 9/19/2011