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HomeMy WebLinkAboutCC 2003-05-22 Marked AgendaMAYOR MANUEL A. DIAZ 1`VV op�1 CITY MANAGER JOE ARRIOLA CHAIRMAN JOHNNY L. WINTON CITY ATTORNEY ALEJANDRO VILARELLO VICE-CHAIRMAN ARTHUR E. TEELE ]R. CITY CLERK PRISCILLA A. THOMPSON COMMISSIONER ANGEL GONZALEZ COMMISSIONER TOMAS REGALADO VIEW THIS AGENDA AT: COMMISSIONER JOE SANCHEZ � C p ` http://www.ci.miami.fI-us QFL CITY COMMISSION AGENDA MEETING DATE: MAY 22, 2003 CITY HALL, 3500 PAN AMERICAN DRIVE 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. 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. PLANNING & ZONING CITY COMMISSION MEETING *THIS MEETING SMALL CONVENE AT 9:00 AM* 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. ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD 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, 250-5350, 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 will adjourn at the conclusion of deliberations on the agenda iters being considered at 9:00 PM. (Resolution No. 87-115) PAGE 2 MAY 229 2003 PART A: 9:00 AM PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES NON -PLANNING AND ZONING ITEMS — CONSENT AGENDA Item 1 which is comprised of items CA -1 through CA -16 may be heard in the numbered sequence or as announced by the commission NON -PLANNING AND ZONING ITEMS - SPECIAL 415THS VOTE CONSENT AGENDA TIKAG C'PQTAIM 9:30 A.M.- Item 1A which is comprised of items S -CA -1 through S -CA -68 may be heard in the numbered sequence or as announced by the Commission NON -PLANNING AND ZONING ITEMS CONT'D Items 2 through 5 may be heard in the numbered sequence or as announced by the commission MAYOR AND COMMISSIONERS' ITEMS TIME CERTAIN 10:00 A.M. — District 2C — Resolution — Miami Downtown Transportation Master Plan District 2D -- Resolution -- Joint participation agreement between the City of Miami and Florida Department of Transportation District 2E — First Reading ordinance — Appropriating funds to special revenue fund entitled "Dupont Plaza Project -- Metromover Realignment in Downtown Miami" District 2F — Discussion concerning a joint participation agreement with the Florida Department of Transportation. NON -PLANNING AND ZONING ITEMS CONT'D Items 6 through 23 may be heard in the numbered sequence or as announced by the Commission PART B: THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 3:00 P.M. PLANNING AND ZONING ITEMS PZ -1 THROUGH PZ -14 THE FOLLOWING ITEM SHALL NOT BE CONSIDERED BEFORE 5:30 P.M. PLANNING AND ZONING ITEM PZ -15 9:00 AM A. 0 INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS & PROCLAMATIONS NAME OF HONOREE 1. Doris Scheer 2. Margarita Delgado PRESENTER Commissioner Regalado Commissioner Regalado I Robert Parente Commissioner Sanchez 4. Vice Chairman Teele & Mayor Diaz Commissoner Regalado 5. Royal Caribbean and Celebrity Commissioner Sanchez Cruises — Give Day Project (No Appearance) MAYORAL VETOES PACE 3 MAY 22, 2003 DF,T,IVFIRFD PROTOCOL ITEM Proclamation (Long time dedicated member of Planning Advisory Board) Proclamation (Service and dedication as member of Off -Street Parking Authority) Commendation (Service as chair of Waterfront Advisory Board) Salute (birthdays for both today) Commendation 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 COMMISSION CONSIDERATION. 'OR ADOPTED LEGISLATION NOT APPEARING AS PART ]F THIS PRINTED AGENDA, KINDLY REFER TO THE CITY CLERK'S REPORT, ATTACHED HERETO. NONE 1. CA -1. 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 -16 constitute the Consent Agenda. These items are self-explanatory and are not expected to require additional review or discussion. Each item will be recorded individually, adopted unanimously by the following motion: it . . . that the consent ,Agenda comprised of items CA -1 through CA -16 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." RESOLUTION - (J-03-331) - (ACCEPTING BID) ACCEPTING THE BID OF MUNICIPAL EQUIPMENT COMPANY (NON-MINORITY/NON-LOCAL VENDOR, 1124 S. WOODS AVENUE, ORLANDO FLORIDA) FOR THE PROCUREMENT OF FIREFIGHTER BOOTS, GLOVES, HELMETS AND RELATED ACCESSORIES FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN AS -NEEDED CONTRACT BASIS FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR ONE ADDITIONAL ONE- YEAR PERIOD, 1N AN ANNUAL AMOUNT NOT TO EXCEED $57,050, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $171,150; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.280501.6.075. PAGE 4 MAY 229 2003 R-03-505 MOVED: SANCHEZ r SECONDED: GONZALEZ ABSENT: WINTON CA -2. CA -3. CONSENT AGENDA CONT'D RESOLUTION - (J -O3-334) - (ACCEPTING BID) ACCEPTING THE BID OF INSTAFOTO COMPANY OF MIAMI (FEMALE/LOCAL VENDOR, 48 E. FLAGLER STREET, #8, MIAMI, FLORIDA) FOR THE PROVISION OF FILM PROCESSING SERVICES TO BE USED CITY-WIDE, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. RESOLUTION - (J -a3-433) - (ACCEPTING BIDS) ACCEPTING THE BIDS OF BEST'S MAINTENANCE, (HISPANIC/MIAMI-DADE COUNTY VENDOR, 3290 N.W. 29T" STREET, MIAMI, FLORIDA) AND AFTER HOURS CLEANING SERVICE, INC. BLACKIMIAMI-DADE COUNTY VENDOR, 2940 N.W. 131S STREET, MIAMI, FLORIDA) FOR THE PROVISION OF CUSTODIAL SERVICES TO BE USED BY VARIOUS USER DEPARTMENTS AND AGENCIES, EACH ON A CONTRACT BASIS FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ESTIMATED ANNUAL AMOUNT OF $45,420, SUBJECT TO INCREASES DUE TO THE ADDITION OF NEW FACILITIES AS NEEDED, AND AS ALLOWED BY CONDITIONS OF THE BIDS; ALLOCATING FUNDS FROM THE OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. PAGE 5 MAY 2212003 R -O3-506 MOVED: SANCHEZ S EC ONDED : OONZALEZ ABSENT: WINTON R -O3-507 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: WINTON CA -4. CA -6. CONSENT AGENDA CONT'D RESOLUTION - (J -O3-436) - (ACCEPTING BIDS) ACCEPTING THE BIDS FROM VARIOUS VENDORS FOR THE PURCHASE OF MOTOROLA RADIO PARTS AND ACCESSORIES TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES, ON AN ITEM -BY -ITEM, AS -NEEDED CONTRACT BASIS FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ESTIMATED ANNUAL AMOUNT OF $168,000, SUBJECT TO INCREASES DUE TO THE ADDITION OF NEW ITEMS AS NEEDED AND AS ALLOWED BY CONDITIONS OF THE BID; ALLOCATING FUNDS FROM THE OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. RESOLUTION - (J -O3-) - (INCREASING CONTRACT) INCREASING THE CONTRACT WITH RD WINDOW AND CARPET CLEANING, INC., IN THE AMOUNT OF $44,270 THEREBY INCREASING THE ANNUAL AWARD AMOUNT FROM $273,192 TO $317,452, AND THE TOTAL CONTRACT AMOUNT FROM $819,462 TO $963,3869 FOR PROVISION OF CUSTODIAL SERVICES FOR THE POLICE DEPARTMENT'S HEADQUARTERS BUILDING, NORTH AND SOUTH SUBSTATIONS, SATELLITE OFFICES (MARINE PATROL, MOUNTED UNIT, AND DAVID HERRING CENTER), MINI -STATIONS (OMNI, OVERTOWN, EDGEWATER AND NORTHEAST) AND AUTO POUND, SAID INCREASE IS NECESSARY TO INCLUDE THE FLEET SERVICE CENTER TRAILER, BICYCLE DETAIL OFFICE, DOWNTOWN MINI -STATION, AND THE NEW INTERNAL AFFAIRS SECTION FACILITY; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT'S GENERAL OPERATING BUDGET ACCOUNT CODE NO. 001000.290201.6.340; FURTHER AMENDING RESOLUTION NO. 02-1155, ADOPTED OCTOBER 29, 20021 TO REFLECT SAID INCREASE. PAGE b MAY 221 2443 R-03-508 MOVED: SANCHHEZ r SECONDED: GONZALEZ ABSENT: WINTON R-03-517 r MOVED: GONZALEZ SECONDED: SANCHEZ ABSENT: WINTON CONSENT AGENDA CONT'D CA -6. RESOLUTION - (J -O3-) - (AUTHORIZING FUNDING) AUTHORIZING THE FUNDING OF THE LAW ENFORCEMENT TRAINING TRUST FUNDS, AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $120,000, FROM THE LAIN ENFORCEMENT TRUST FUND, PROJECT NUMBER 694441, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTE, CHAPTER 932.7455, AS AMENDED. DEFERRED PAGE 7 MAY 2212003 CONSENT AGENDA CONT'D CA -7. RESOLUTION - (J-03-) - (APPROVING THE ASSIGNMENTS OF THE INTERESTS OF NOP 100 SOUTHEAST 2ND STREET TOWER) APPROVING THE ASSIGNMENTS OF THE INTERESTS OF NOP 100 SOUTHEAST 2ND STREET TOWER, A LIMITED LIABILITY COMPANY AND NOP 100 SOUTHEAST 2ND STREET RETAIL, A LIMITED LIABILITY COMPANY, UNDER THE AIR RIGHTS AND RETAIL LEASES BETWEEN SAID ENTITIES, RESPECTIVELY, AS LESSEES, AND THE CITY OF MIAMI, AS LESSOR, PERTAINING TO THE PROPERTY KNOWN AS THE NATIONSBANK TOWER, LOCATED AT 100 SOUTHEAST 2ND STREET, MIAMI, FLORIDA; SPECIFICALLY APPROVING; (i THE ASSIGNMENT BY NOP 100 SOUTHEAST 2N STREET TOWER, LIMITED LIABILITY COMPANY, TO BLUE CAPITAL US EAST COAST REAL ESTATE, A DELAWARE LIMITED PARTNERSHIP AND ITS ANTICIPATED SUCCESSOR BY MERGER, BLUE CAPITAL US EAST COAST PROPERTIES, L.P., A DELAWARE LIMITED PARTNERSHIP, OF LESSEE'S INTERESTS UNDER THE AIR RIGHTS LEASE, (ii) THE ASSIGNMENT BY NOP 100 SOUTHEAST 2ND STREET RETAIL LIMITED LIABILITY COMPANY TO BLUE CAPITAL US EAST COAST REAL ESTATE, A DELAWARE LIMITED PARTNERSHIP AND ITS ANTICIPATED SUCCESSOR BY MERGER, BLUE CAPITAL US EAST COAST PROPERTIES, L.P., A DELAWARE LIMITED PARTNERSHIP, OF LESSEE'S INTEREST UNDER THE RETAIL LEASE, AND (iii) THE ASSIGNMENT OF THE RELATED PARKING AGREEMENTS, ALL IN SUBSTANTIALLY THE ATTACHED FORMS; FURTHER AUTHORIZING THE EXECUTION OF THE REQUIRED ESTOPPEL STATEMENTS AND ANY OTHER DOCUMENTS REQUIRED IN CONNECTION WITH SAID TRANSFER, SUBJECT TO HINES REPAIRING THE GREASE TRAP TO THE SATISFACTION OF THE CITY AND THE APPROVAL OF THE CITY ATTORNEY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES HEREIN STATED. PAGE 8 MAY Z?, 1-403 R-03-509 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: WINTON CA -8. RESOLUTION SETTLEMENT) CONSENT AGENDA CONT'D (J -O3-455) - (ACCEPTING A ACCEPTING A SETTLEMENT, IN THE AMOUNT OF $250,000, IN PARTIAL SETTLEMENT OF THE CITY OF MIAMI'S CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI VS. THE URBAN LEAGUE OF GREATER MIAMI, INC., ET AL. IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 02-10714 CA (30) AND IN FULL SETTLEMENT OF THE CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI FOR THE CASE OF SUNTRUST BANK OF MIAMI, N.A. VS. CITY OF MIAMI, IN THE ELEVENTH JUDICIAL CIRCUIT COURT FOR MIAMI- DADE COUNTY, CASE NO. 00-26113 CA (27), PURSUANT TO THE TERMS OF A SETTLEMENT AGREEMENT; AND DIRECTING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. PAGE 9 MAY 2212003 R-03-510 MOVED: SANCHEZ r SECONDED: GONZALEZ ABSENT: WINTON CONSENT AGENDA CONT'D CA -9. RESOLUTION - (J-03-) - (AUTHORIZING PAYMENT) AUTHORIZING THE PAYMENT IN THE SUM OF $190009000 TO ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND SOUTHEAST OVERTOWNIPARK WEST COMMUNITY REDEVELOPMENT AGENCY, IN THE CASE OF THE CITY OF MIAMI AND SOUTHEAST OVERTOWNlPARK WEST COMMUNITY REDEVELOPMENT AGENCY VS. LYRIC VILLAGE HOUSING, INC. AND ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI--DADE COUNTY, FLORIDA, CASE NO.00- 30414 CA (13), UPON DELIVERY OF A RELEASE FOR THE CITY OF MIAMI AND SOUTHEAST OVERTOWNIPARK WEST COMMUNITY REDEVELOPMENT AGENCY (CRA), ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE CITY'S GENERAL FUND INDEX CODE 001.000, IN THE SUM OF $195,000, HOME FUNDS INDEX CODE 198008.003015.4.339, IN THE SUM OF $8851417.321 CDBG FUNDS INDEX CODE 7991 20.457275.0.979, IN THE SUM OF $85,000, AND THE WAIVER AND RELEASE OF OUTSTANDING LIENS IN THE SUM OF $549582.88. PAGE 10 MAY 221) 2003 R-03-511 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: WINTON CONSENT AGENDA CONT'D CA -SIO. RESOLUTION - (J -O3-) - (AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A.) AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., IN AN AMOUNT NOT TO EXCEED $30,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, FOR REPRESENTATION OF THE CITY OF MIAMI IN CASES RELATED TO THE DEFENSE OF THE CITY OF MIAMI PARKING SURCHARGE ORDINANCE, INCLUDING BUT NOT LIMITED TO: AMPCO SYSTEM PARKING, INC., ET AL. VS CITY OF MIAMI, CASE NO. 01-27582 CA (15), PARK A. PARTNERS, LTD., ET AL. VS CITY OF MIAMI, CASE NO. 01-20074 CA (O5), AND PATRICK MCGRATH, III VS THE CITY OF MIAMI, CASE NO. 99-23755 CA (1O), ALL IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI--DADE COUNTY, FLORIDA; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001-624401-6.661 , FOR SAID SERVICES. CA -1 1. WITHDRAWN CA -'I2. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF THE LAW FIRM OF GUNSTER, YOAKLEY & STEWART, P.A.) AUTHORIZING THE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF THE LAW FIRM OF GUNSTER, YOAKLEY & STEWART, P.A., TO RENDER LEGAL SERVICES CONCERNING THE LEASE AND DEVELOPMENT OF WATSON ISLAND BY FLAGSTONE PROPERTIES, LLC, IN AN AMOUNT NOT TO EXCEED $50,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNT CODE NO. 3441 02.239501.5.250, FOR SAID SERVICES. PACE 11 MAY 2212003 R -O3-512 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: WINTON R-03-513 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: WINTON CA -'13. CA -'14. CA -'15. CONSENT AGENDA CONT'D WITHDRAWN RESOLUTION - (J-03-449) - (AUTHORIZING THE ALLOCATION OF FUNDS) AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $50,000, FROM NON DEPARTMENTAL ACCOUNT NO. 001000.920205.6.2501 FOR THE CONTINUED ENGAGEMENT OF LEGAL COUNSEL PLUS RELATED COSTS AND EXPENSES AS APPROVED BY THE CITY ATTORNEY, AND EXPERT CONSULTANT FEES FOR THE FORMULATION OF THE COMMISSION REDIS TRIC TING PLAN. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT CAGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH BROWN AND BROWN, INC., THE TOP-RANKED FIRM SELECTED AS A RESULT OF THE COMPETITIVE SELECTION PROCESS TO PROVIDE INSURANCE BROKERAGE SERVICES, FOR AN INITIAL ONE-YEAR PERIOD, WITH THE OPTION TO EXTEND THE AGREEMENT FOR AN ADDITIONAL ONE-YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $110,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 515001.624401.6.550. PAGE 12 MAY 22, 2003 R-03-514 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: WINTON R-03-515 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: WINTON CA -'I 6. CONSENT AGENDA CONT'D RESOLUTION - (J -D3-464) - (ESTABLISHING THE CITY OF MIAMI CHARTER REVIEW AND REFORM COMMITTEE) 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 REFORM AND/OR UPDATE SAID CHARTER BY SETTING FORTH SAID COMMITTEE'S PURPOSE, POWERS, DUTIES, AND QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; AND PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS AND QUORUM, LEGAL COUNSEL, ASSIGNMENT OF PERSONNEL, PUBLIC NOTICE AND THE "SUNSET" OF SAID COMMITTEE. END OF CONSENT AGENDA PAGE 13 MAY 2212003 R-03-516 MOVED: SANCHEZ SECONDED: GONZALE Z ABSENT: WINTON 9:30 A.M. 1 A. SPECIAL 415THS VOTE CONSENT AGENDA Unless a member of the City Commission wishes to remove a specific item from this portion of the agenda, Items S -CA -1 through S -CA -58 constitute the Special 415ths , Vote Consent Agenda. These items are self-explanatory and are not expected to require additional review or discussion. Each item will be recorded individually, adopted unanimously by the following motion: i`. . . that the Special 415ths Vote Consent Agenda comprised of items S -CA -1 through S -CA -58 be adopted The Presiding officer or City Clerk shall state the following: "Before the vote on adopting items included in the Special 415ths Vote Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Special 415ths Vote Consent Agenda? Hearing none, the vote on the adoption of the Special 415ths Vote Consent Agenda will now be taken." S -CA -1 RESOLUTIONS - (J-03-251 THROUGH J-03-318) - THROUGH (RATIFYING, APPROVING AND CONFIRMING THE CITY S -CA -68 MANAGER'S FINDINGS OF AN EMERGENCY) (4/5THS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGET OF VARIOUS USER DEPARTMENT ACCOUNTS. (This item was deferred from the meetings of March 27, April 10, and May 8, 2003) A SEPARATE RESOLUTION FOR EACH FILE IS ATTACHED TO THE AGENDA PACKET. PAGE 14 MAY 2212003 R-03-518 TO R-03-585 r MOVED: GONZALEZ SECONDED: REGALADO ABSENT: WINTON PERSONAL APPEARANCES NOTE: LEGISLATION MAY RESULT FROM CITY COMMISSION CONSIDERATION OF ANY PERSONAL APPEARANCE. 2. MS. NADINE PATRICE, EXECUTIVE DIRECTOR OF OPERATION GREEN LEAVES TO ADDRESS THE COMMISSION CONCERNING WAIVER OF FEES FOR THEIR EVENT TO BE HELD AT LEGION PARK ON JUNE 28, 2003. 3. ADMINISTRATION RECOMMENDATION: APPROVAL MS. ESPERANZA MARTINEZ, EXECUTIVE DIRECTOR OF C.A.S.A (COLOMBIAN AMERICAN SERVICE ASSOCIATION) TO ADDRESS THE COMMISSION CONCERNING WAIVER OF FEES FOR THEIR EVENT TO BE HELD AT BAYFRONT PARK ON JUNE 11 2003. ADMINISTRATION RECOMMENDATION: APPROVAL 4. MR. ANTHONY D. OKONMAH, EXECUTIVE DIRECTOR OF THE FOUNDATION FOR DEMOCRACY IN AFRICA TO ADDRESS THE COMMISSION CONCERNING WAIVER OF FEES FOR THEIR EVENT TO BE HELD AT BAYFRONT PARK ON JULY 26, 2003. ADMINISTRATION RECOMMENDATION: APPROVAL 5. MR. PHIL FISHER FROM URBAN PLAY WORLD TO ADDRESS THE COMMISSION CONCERNING A CELEBRITY BASKETBALL CAME. ADMINISTRATION RECOMMENDATION: TO BE DISCUSSED PAGE 15 MAY 229 2003 MOTION -03-601 MOVED: TEELE SECONDED: SANCHEZ ABSENT: REGALADO ,GONZALEZ MOTION -03-602 MOVED: SANCHEZ SECONDED: TEELE ABSENT: REGALADO ,GONZAL.EZ MOTION -03-603 MOVED: SANCHEZ SECONDED: TEELE ABSENT': REGALADO ,GONZALEZ MOTION -03-604 MOVED: SANCHEZ SECONDED: TEELE ABSENT: REGALADO ,GONZALEZ, MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR MANUELA. DIAZ A. RESOLUTION - (J-03-399) - (AUTHORIZING USE OF THE ATTACHED LOGO) AUTHORIZING USE OF THE ATTACHED LOGO IN CONJUNCTION WITH THE OFFICIAL SEAL OF THE CITY OF MIAMI ON STATIONARY FOR COMMUNICATIONS RELATED TO THE "MIAMI 2003 FREE TRADE AREA OF THE AMERICAS MINISTERIAL AND AMERICAS BUSINESS FORUM." PAGE 16 MAY 229 2003 R-03-600 MOVED: TEELE SECONDED: SANCHEZ ABSENT: RE GALAD O PAGE 17 MAY ZZ, 2003 MAYOR AND COMMISSIONERS' ITEMS CONT'D � DISTRICT 1 � r COMMISSIONER ANGEL GONZALEZ MAYOR AND COMMISSIONERS' ITEMS CONT'D � DISTRICT 2 � CHAIRMAN JOHNNY L. WINTON A. DISCUSSION CONCERNING HOUSING UNITS DEVELOPED AND HOUSING UNIT DEVELOPMENT PROJECTIONS WITHIN THE 5 -YEAR CONSOLIDATED PLAN PERIOD. SPECIFICALLY, HOW MANY UNITS WERE DEVELOPED IN 1999 THROUGH 2002 AND HOW MANY ARE PROJECTED FOR 2003 AND 2004 AS COMPARED TO OUR GOALS ACCORDING TO THE 5 - YEAR CONSOLIDATED PLAN. M 10:00 A.M. C. DISCUSSION CONCERNING THE CREATION OF DISTRICT 2 CAPITAL IMPROVEMENT PILOT PROJECT. RESOLUTION - (J -O3-) - (ADOPTING THE MIAMI DOWNTOWN TRANSPORTATION MASTER PLAN) ADOPTING THE MIAMI DOWNTOWN TRANSPORTATION MASTER PLAN TO PROVIDE TRANSPORTATION IMPROVEMENTS FOR THE FUTURE DEVELOPMENT AND PRESERVATION OF THE DOWNTOWN MIAMI AREA AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INITIATE THE PROCESS OF PLAN IMPLEMENTATION. PAGE 18 MAY 22, 2003 NOT TAKEN UP NOT TAKEN UP R-03-588 (MODIFIED) MOVED: TEELE SECONDED:SANCHEZ ABSENT: REGALADO R -O3-587 MOVED: TEELE SECONDED: SANCHEZ ABSENT: REGALADO E. MAYOR AND COMMISSIONERS' ITEMS CONT'D � DISTRICT 2 � � CHAIRMAN JOHNNY L. WINTON CONT'D RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED SUPPLEMENTAL NO. 1) AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED SUPPLEMENTAL NO. 1 TO EXTEND THE PERIOD OF THE EXISTING JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF MIAMI AND THE FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING THE "DUPONT PLAZA PROJECT - METROMOVER REALIGNMENT IN DOWNTOWN MIAMI" UNTIL JUNE 301 20041 AND, TO ACCEPT ADDITIONAL FUNDS, IN THE AMOUNT OF $193009000, CONSISTING OF A TRANSPORTATION OUTREACH PROGRAM GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR SAID PROJECT, IN SUBSTANTIALLY THE ATTACHED FORM. FIRST READING ORDINANCE - (J-03-) AMENDING ORDINANCE NO. 121901 AND APPROPRIATING ADDITIONAL FUNDS TO THE SPECIAL REVENUE FUND ENTITLED "DUPONT PLAZA PROJECT -- METROMOVER REALIGNMENT IN DOWNTOWN MIAMI", IN THE AMOUNT OF $ 1,300,000, CONSISTING OF A TRANSPORTATION OUTREACH PROGRAM GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF PREPARING FINAL DESIGN TO ADDRESS TRANSIT REALIGNMENT AND TRAFFIC REDIRECTION WITHIN THE PROJECT STUDY AREA; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. PAGE 19 MAY ?2, ?003 R--03-620 MOVED: WINTON SECONDED: SANCHEZ UNANIMOUS FIRST READING ORDINANCE MOVED: WINTON SECONDED: SANCHEZ UNANIMOUS MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 2 CHAIRMAN JOHNNY L. WINTON CONT'D F. DISCUSSION CONCERNING A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ACCEPT $1.7 MILLION FOR THE BICENTENNIAL PARKIBISCAYN E BISCAYN E BOULEVARD DESIGN OF PEDESTRIAN FACILITIES AND AMENITIES. PACE 20 MAY 229 2003 R-03-621 MOLTED: WINTON SECONDED: REGA.LADO UNANIMOUS PAGE 21 MAY 22, 2003 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 3 COMMISSIONER JOE SANCHEZ MAYOR AND COMMISSIONERS' ITEMS CONT'C DISTRICT 4 COMMISSIONER TOMAS REGALADO A. PRESENTATION BY MS. SLYVIA M. CEJAS, A REPRESENTATIVE OF DOWNTOWNMIAMI.COM. B. DISCUSSION CONCERNING A REQUEST FROM THE HISPANIC AMERICAN DIABETES FOUNDATION REGARDING SPACE AT THE MANUEL ARTIME CENTER. C. DISCUSSION CONCERNING THE MIAMI FIRE DEPARTMENT'S DISASTER MANAGEMENT AND PUBLIC AFFAIRS DIVISION. (This item was deferred from the meeting of May 8, 2003) D. DISCUSSION CONCERNING S.A.F.E. (A PROACTIVE COMMUNITY-BASED PROGRAM DESIGNED TO PROVIDE COUNSELING AND ASSISTANCE AFTER DISASTERS). (This item was deferred from the meeting of May 3, 2003) E. DISCUSSION CONCERNING PART-TIME CITY OF MIAMI EMPLOYEES. (This item was deferred from the meeting of May 8, 2003) F. DISCUSSION CONCERNING AN INCREASE IN THE NUMBER OF PETTY THEFTS, ACTS OF VANDALISM, AND HOMELESS INDIVIDUALS IN THE FLAGAMI AREA. PAGE 22 MAY 22, 2003 WITHDRAWN MOTION -03-504 MOVED: REGALADO SECONDED: SANCHEZ ABSENT: WINTON MOTION -03-605 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: TEELE, WINTON DEFERRED TO NEXT MEETING IN THE MORNING DEFERRED TO NEXT MEETING IN THE MORNING DEFERRED TO NEXT MEETING IN THE MORNING DISCUSSED PACE ?3 MAY 2212003 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 5 VICE-CHAIRMAN ARTHUR E. TEELE , JR PUBLIC HEARING ITEMS 6. RESOLUTION - (J-03-) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE) (4/5THS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF THE UNIQUE SERVICE OF "OVERHEAD TO UNDERGROUND CONVERSION OF ELECTRICAL DISTRIBUTION FACILITIES" FROM FLORIDA POWER AND LIGHT COMPANY ("FPL"), LOCATED AT 122 SOUTHWEST 3R° STREET, MIAMI, FLORIDA, AND FOR ANY OTHER ELECTRICAL DISTRIBUTION FACILITIES WITHIN THE CITY OF MIAMI THAT ARE OWNED OR MAINTAINED BY FPL, THE SOLE SOURCE PROVIDER, FOR A TEN-YEAR PERIOD FOR A TOTAL AMOUNT TO BE DETERMINED FOR EACH SPECIFIC CIRCUMSTANCE AT THE TIME OF NEED, FOR THE CITY DEPARTMENT/OFFICE REQUIRING SUCH SERVICES, SUBJECT TO BUDGETARY APPROVAL. PAGE 24 MAY 229 2003 R-03-589 MOVED: TEELE SECONDED: GONZALEZ ABSENT: RE GALAD O PUBLIC HEARING ITEMS CONT'D 7. RESOLUTION - (J-03-) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE) (4/5THS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE UTILIZATION OF THE SCAVENGER 2000 DEPOLLUTION BOAT, FOR SURFACE CLEANING THE CITY'S WATERFRONT UTILIZING A UNIQUE PROPRIETARY PROCESS, FROM WATER MANAGEMENT TECHNOLOGIES, THE SOLE SOURCE PROVIDER, FOR A TOTAL AMOUNT NOT TO EXCEED $2002000, FOR THE DEPARTMENT OF MUNICIPAL SERVICES; ALLOCATING FUNDS IN THE AMOUNTS OF $50,000 FROM THE PUBLIC WORKS OPERATIONS BUDGET ACCOUNT NUMBER 001000.311002.6.670 AND $50,000 FROM THE GENERAL FUND - NON DEPARTMENTAL ACCOUNT NUMBER 001000.921002.6.930; AND THE CITY WILL ALSO RECEIVE 1N -KIND CONTRIBUTIONS IN THE AMOUNT OF $75,000 FROM THE FLORIDA EXPORT FINANCE CORPORATION AND $25,000 FROM THE MIAMI RIVER COMMISSION TOTALING $100,000.; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. PACE 25 MAY 22, 2003 R-03-593 MOVED: GONZALEZ SECONDED: TEELE ABSENT: RE GALAD O PUBLIC HEARING ITEMS CONT'D 8. RESOLUTION - (J-03-434) - (DECLARING CERTAIN CITY -OWNED REAL PROPERTY LOCATED AT 400-43O SOUTHWEST 8T" AVENUE, MIAMI, FLORIDA AS SURPLUS REAL PROPERTY) DECLARING CERTAIN CITY -OWNED REAL PROPERTY LOCATED AT 40O-430 SOUTHWEST 8T" AVENUE, MIAMI, FLORIDA ("PROPERTY"), AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, AS SURPLUS REAL PROPERTY; AUTHORIZING AND DIRECTING THE CITY MANAGER TO SELL SAID CITY - OWNED REAL PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO: (1) ESTABLISH THE MINIMUM SALES PRICE FOR THE PROPERTY TAKING INTO CONSIDERATION THE APPRAISED VALUE OF THE PROPERTY AS ESTABLISHED BY THE RESULTS OF TWO INDEPENDENT APPRAISALS; (2) EMPLOY SUCH PROCEDURES AS MAY BE REQUIRED BY THE CITY CHARTER OR CODE FOR PURPOSES OF DISPOSING OF THE PROPERTY; (3) ACCEPT RESPONSIVE AND RESPONSIBLE BIDS; (4) NEGOTIATE A PURCHASE AND SALE AGREEMENT; AND (5) PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION. PACE 26 MAY 22, 2003 R-03-591 MOVED: TEELE SECONDED: SANCHEZ ABSENT: REGALAD O 8A. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY ATTORNEY TO SEEK AND INITIATE ANY AND ALL APPROPRIATE ACTIONS) AUTHORIZING THE CITY ATTORNEY TO SEEK AND INITIATE ANY AND ALL APPROPRIATE ACTIONS IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION, ANY ACTION BEFORE ADMINISTRATIVE FORUMS TO EVICT ANY AND ALL OCCUPANTS OF THE CITY -OWNED PROPERTY LOCATED AT APPROXIMATELY 400-430 SOUTHWEST 8T" AVENUE, MIAMI, FLORIDA, AND TO RECOVER ANY OUTSTANDING OR UNPAID CHARGES OR AMOUNTS DUE TO THE CITY. PAGE 27 MAY 22, 2003 R-03-594 MOVED: GONZALEZ SECONDED: TEELE ABSENT: REGALADO PUBLIC HEARING ITEMS CONT'D 9. RESOLUTION MANAGER TO PROPERTY) 3:00 P -M. (J-03-) - (AUTHORIZING THE CITY ACCEPT THE CONVEYANCE OF AUTHORIZING THE CITY MANAGER TO ACCEPT THE CONVEYANCE OF THE PROPERTY LOCATED AT 1431 N.W. '17th STREET, MIAMI, FLORIDA, IN "AS IS" CONDITION, CONTAINING APPROXIMATELY 10,350 SQUARE FEET OF LAND WITH IMPROVEMENTS (THE "PROPERTY") AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, FROM THE SECRETARY OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD"), BY HUD DEED, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE CITY OF MIAMI FOR THE PURCHASE PRICE OF ONE DOLLAR ($1.00); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND ANY INCIDENTAL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY AND PROPER TO ACCEPT THE PROPERTY. 10. RESOLUTION - (J -O3-) - (APPROVING AND CONFIRMING THE APPROVAL OF CERTAIN SINGLE FAMILY REHABILITATION LOANS) APPROVING AND CONFIRMING THE APPROVAL OF CERTAIN SINGLE FAMILY REHABILITATION LOANS WHICH EXCEED PROGRAM LIMITS ESTABLISHED BY RESOLUTION NO. 00-887; AND FURTHER AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROVE LOANS WHICH EXCEED PROGRAM LIMITS TO REMEDIATE OUTSTANDING ISSUES ON EXISTING SINGLE FAMILY REHABILITATION PROGRAM CASES. PAGE 28 MAY 229 2003 R -O3-595 MOVED: GONZALEZ SECONDED: TEELE ABSENT: REGALADO R -O3-606 MOVED: TEELE r SECONDED: GONZALEZ UNANIMOUS ORDINANCES -EMERGENCY 11. EMERGENCY ORDINANCE - (J-03-) (4/STNS VOTE) (Note: This item is declared to be being an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon the further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and materials and to generally carry on the functions and duties of municipal affairs) AMENDING ORDINANCE NO. 11557, AS AMENDED, ADOPTED OCTOBER 14, 1997, WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATED FUNDS FOR A SPECIAL REVENUE FUND ENTITLED: "STOP VIOLENCE A GAINS T WOMEN ", TO INCREASE APPROPRIATIONS, IN THE AMOUNT OF $2099032, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF -CHILDREN AND FAMILIES IN THE AMOUNT OF $156,774 AND IN-KIND SERVICES MATCH IN THE AMOUNT OF $52,258; AUTHORIZING THE CITY MANAGER TO: (1) ACCEPT SAID GRANT AND EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, (2) EXPEND MONIES FROM THIS FUND FOR NECESSARY EXPENSES TO CONTINUE THE OPERATION OF THE PROGRAM; AND (3) AMEND EXISTING PROFESSIONAL SERVICES AGREEMENTS WITH INDIVIDUALS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROVISION OF VICTIM ADVOCATE SERVICES AND A VICTIM ADVOCATE ADMINISTRATOR, IN AN ANNUAL AMOUNT NOT TO EXCEED $149,100, AND TO FURTHER EXTEND SAID AGREEMENTS FOR A ONE- YEAR PERIOD; FURTHER ALLOCATING FUNDS IN THE AMOUNT OF $52,258 FROM THE POLICE GENERAL OPERATING BUDGET FOR THE REQUIRED IN-KIND MATCHING FUNDS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 29 MAY 221) 2003 ORDINANCE# 12365 MOVED: TEELE SECONDED: GONZALEZ ABSENT: REGALADG ORDINANCES —EMERGENCY CONT'D 12. EMERGENCY ORDINANCE - (J-03-) (4/5THS VOTE) (Note: This item is declared to be being an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon the further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and materials and to generally carry on the functions and duties of municipal affairs) AMENDING ORDINANCE NO. 12280, THE CAPITAL PROJECTS APPROPRIATIONS ORDINANCE, TO REVISE PREVIOUSLY APPROVED CAPITAL PROJECT NO. 333112 ENTITLED "KENNEDY PARK IMPROVEMENTS," CAPITAL PROJECT NO. 333124 ENTITLED "VIRRICK COMMUNITY WATER SPORTS CENTER" AND CAPITAL PROJECT NO. 333126 ENTITLED "WATSON ISLAND IMPROVEMENTS" BY APPROPRIATING $915,000 FROM UNALLOCATED GENERAL FUND CONTRIBUTION FUNDS AVAILABLE IN THE CAPITAL FUND; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. PAGE 30 MAY ?Z, 2003 ORDINANCE# 12366 MOVED: TEELE SECONDED: GONZALEZ ABSENT: REGALAD O ORDINANCES —FIRST READING NOTE: Any proposed ordinance listed as an item for first reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. 13. FIRST READING ORDINANCE - (J -D3-) AMENDING CHAPTER 4, ARTICLE 1, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES," BY REPEALING, IN THEIR ENTIRETY, SECTIONS 4-2 AND 4-3 AND SUBSTITUTING IN LIEU THEREOF NEW SECTIONS 4-2 AND 4-3, ENTITLED "DEFINITIONS," AND "HOURS DURING WHICH SALES ALLOWED; SUNDAY SALES," RESPECTIVELY, TO MODIFY AND CLARIFY RELEVANT DEFINITIONS, AND ESTABLISH THE HOURS IN WHICH ALCOHOLIC BEVERAGES MAY BE SOLD; FURTHER ADDING NEW SECTION 4-14 ENTITLED "REQUIREMENTS FOR RESTAURANTS," TO REGULATE THE CONSUMPTION OF ALCOHOLIC BEVERAGES ON THE PREMISES OF FOOD AND BEVERAGE RETAIL ESTABLISHMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 31 MAY ?Z, 2003 FIRST READING ORDINANCE MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: RE GALAD O ORDINANCES —FIRST READING CONT'D 14. FIRST READING ORDINANCE - (J-43-324) AMENDING CHAPTER 54/ARTICLES IX OF THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/COCONUT GROVE SPECIAL EVENTS DISTRICT", TO INCREASE THE NUMBER OF MEMBERS ON THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FROM NINE TO TEN MEMBERS TO INCLUDE A REPRESENTATIVE OF THE COCONUT GROVE CHAMBER OF COMMERCE AS A MEMBER OF THE COMMITTEE; MORE PARTICULARLY BY AMENDING SECTION 54-342; CONTAINING A REPEALER PROVISION; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (This item was deferred from the meeting of March 27, 2003) PAGE 32 MAY 22, 2003 FIRST READING ORDINANCE r MOVED: GONZALEZ SECONDED: SANCHEZ ABSENT: REGALADO 15. 16. ORDINANCES --FIRST READING CONT'D FIRST READING ORDINANCE - (J -O3-) CREATING A NEIN SPECIAL REVENUE FUND ENTITLED: "PROGRAMS FOR THE DEVELOPMENTALLY DISABLED, 2993 - 2094; APPROPRIATING FUNDS FOR ITS OPERATION IN THE ESTIMATED TOTAL AMOUNT OF $344,114; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO TWO AGREEMENTS, ONE IN AN ESTIMATED AMOUNT OF $9,370 FROM THE STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES AND ANOTHER IN THE ESTIMATED AMOUNT OF $334,744, FROM THE STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, MEDICAID PROGRAM DEVELOPMENT; SAID AGREEMENTS TO FUND PROGRAMS FOR THE DEVELOPMENTALLY DISABLED WHICH ARE ADMINISTERED BY THE PARKS AND RECREATION DEPARTMENT THROUGH ITS PROGRAMS FOR PERSONS WITH DISABILITIES DURING THE PERIOD OF JULY 11 2003 THROUGH JUNE 30, 2004; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID AGREEMENTS. FIRST READING ORDINANCE - (J -O3-453) AMENDING CHAPTER 2, ARTICLE XI, DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, BOARDS, COMMITTEES, COMMISSIONS, STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", TO ALLOW THE CITY COMMISSION TO WAIVE, BY AN AFFIRMATIVE FOUR-FIFTHS VOTE, THE EIGHT YEAR CONSECUTIVE TERM LIMIT FOR INDIVIDUALS APPOINTED TO CITY BOARDS, COMMITTEES, AND COMMISSIONS; MORE PARTICULARLY BY ADDING NEW SUBSECTION 2-885{c} TO SAID CODE; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 33 MAY 229 2003 FIRST READING ORDINANCE MOVED: TEELE SECONDED: SANCHEZ ABSENT: RE OALAD O FIRST READING ORDINANCE (AS MODIFIED) MOVED: GONZALEZ SECONDED: SANCHEZ ABSENT: REGALADO 16A. ORDINANCES -- FIRST READING CONT'D FIRST READING ORDINANCE - (J-03-452) AMENDING CHAPTER 11.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW" TO EXEMPT CERTAIN MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FROM THE REQUIREMENT TO COMPLETE CITIZENS POLICE ACADEMY TRAINING OR APPROVED TRAINING THROUGH NACOLE (NATIONAL ASSOCIATION OF CITIZENS' OVERSIGHT OF LAIN ENFORCEMENT) OR EQUIVALENT PROGRAMS; MORE PARTICULARLY BY AMENDING SECTION 1 1.5-28(c)(4)(c.) OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. PAGE 34 MAY 22, 2003 FIRST READING ORDINANCE MOVED: GONZALEZ SECONDED: TEELE ABS ENT : RE GALADO 17. 18. RESOLUTIONS DEPARTMENT OF ECONOMIC DEVELOPMENT RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A LUMP SUM RELOCATION AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A LUMP SUM RELOCATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA POWER & LIGHT COMPANY, A SOLE SOURCE PROVIDER PURSUANT TO RESOLUTION NO. , FOR THE OVERHEAD TO UNDERGROUND CONVERSION OF ELECTRIC DISTRIBUTION FACILITIES ALONG THE SOUTH SIDE OF WATSON ISLAND, MIAMI, FLORIDA, AS PART OF THE DEVELOPMENT OF THE AIR TRANSPORTATION FACILITY AND THE GREATER MIAMI REGIONAL VISITORS AND AVIATION CENTER, IN AN AMOUNT NOT TO EXCEED $314,150; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNT NO. 333126. RESOLUTION - (J-03-) - (AMENDING RESOLUTION NO. 91-1029) AMENDING RESOLUTION NO. 91-1029 TO NARROW THE BOUNDARIES OF THE LITTLE HAITI PARK PROJECT (THE "PARK PROJECT") AS ESTABLISHED BY THE CITY COMMISSION BY MAKING N.E. 64TH TERRACE THE NORTHERN BOUNDARY BETWEEN N.E. 2nd AVENUE AND N.E. 4TH AVENUE AND EXCLUDING THE AREA EAST OF N.E. 4th AVENUE TO THE FEC RAILROAD TRACKS BETWEEN NE 62nd STREET AND N.E. 67" STREET (SEE EXHIBIT "A") IN ORDER TO MINIMIZE THE POTENTIAL LOSS OF JOBS IN THE AREA AND FURTHER DIRECTING THE CITY MANAGER NOT TO ACQUIRE ANY PROPERTY THAT HAS BEEN HOMESTEAD EXEMPTED AS OF JANUARY 11 2001 FOR THE PURPOSES OF ACQUIRING LAND FOR THE PARK PROJECT. PAGE 35 MAY 22, 2043 WITHDRAWN R-03-597 MOVED: TEELE SECONDED: GONZALEZ ABSENT: REGALADO 19. RESOLUTIONS CONT'D DEPARTMENT OF POLICE RESOLUTION - (J-03-) - (ACCEPTING BIDS) ACCEPTING THE BIDS OF (1) FLORIDA POLICE PRODUCT (HISPANIC/LOCAL VENDOR, 701 N.W. 36TH AVENUE, MIAMI, FLORIDA) FOR THE PROVISION OF DISPOSABLE RESTRAINTS, (2) CHIEF SUPPLY CORPORATION (NON-MINORITY/NON-LOCAL VENDOR, 2648 W. 11 TH AVENUE, EUGENE, OREGON) FOR THE PROVISION OF FLEX CUFFS AND (3) LYNN PEAVY COMPANY (NON-MINORITY/NON-LOCAL VENDOR, 14865 W. 195TH STREET, LENEXA, KANSAS) FOR THE PROVISION OF EVIDENCE TAPE, FOR THE DEPARTMENT OF POLICE, EACH FOR AN INITIAL ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FOR FLORIDA POLICE PRODUCTS, IN AN ANNUAL AMOUNT NOT TO EXCEED $29,799, CHIEF SUPPLY CORPORATION, IN AN ANNUAL AMOUNT NOT TO EXCEED $3,399, AND LYNN PEAVY COMPANY IN AN ANNUAL AMOUNT NOT TO EXCEED $9,919.599 IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED $34,999.59, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $102,028.50, FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.719. (This item was deferred from the meeting of May 8, 2993) 29. RESOLUTION - (J-03-367) - (AUTHORIZING FUNDING) AUTHORIZING FUNDING OF THE "DO THE RIGHT THING" PROGRAM, IN THE AMOUNT OF $105,009; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBER 690001, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7955, FLORIDA STATE STATUTES, AS AMENDED. (This item was deferred from the meeting of May 8, 2993) PAGE 36 MAY 22, 2003 R -O3-598 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: RE GALAD O DEFERRED TO NEXT MEETING BY MOTION -03-586 MOVED: REGALADO r SECONDED: GONZALEZ UNANIMOUS RESOLUTIONS CONT'D 21. RESOLUTION - (J-03-) - (RESCINDING RESOLUTION NO. 02-449) RESCINDING RESOLUTION NO. 02-449, IN ITS ENTIRETY, AND THE BID AWARDED TO METRO]-DADE K-9 GUARD DOG SERVICES AND POLICE SERVICE DOGS, INC., PURSUANT TO SAID RESOLUTION, FOR THE PROVISION OF POLICE SERVICE DOGS AND SUPPLEMENTAL TRAINING FOR THE DEPARTMENT OF POLICE. (This item was deferred from the meeting of May 8, 2003) PAGE 37 MAY 221) 2003 R-03-626 MOVED: TEELE SECONDED: GONZALEZ NAYS: REGALADO ABSENT: SANCHEZ BOARDS AND COMMITTEES 22. RESOLUTION - (APPOINTING AN INDIVIDUAL) APPOINTING AN INDIVIDUAL AS A MEMBER OF THE PARKS ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: JOSE R. OLIVA MAYOR DIAZ PAGE 38 MAY 229 2003 R-03-599 MOVED: TEELE SECONDED: GONZALEZ ABSENT: REGALADO PAGE 39 MAY 2212003 DISCUSSION ITEM NOTE: Legislation may result from City Commission consideration of any Commission Discussion item. This portion of the agenda is separately designated as being available for the purpose of providing and securing City Commission information, direction, and guidance in significant pending and concluded matters, including matters not specifically set forth in this section. It is anticipated that no input from anyone other than the City personnel is needed or expected while the City Commission is considering any matter in this portion of the Agenda; accordingly, no member of the public may address the City Commission during this time. 23. DISCUSSION CONCERNING A STATUS REPORT ON COMPLIANCE FOR THE PARKING LOTS ACROSS WITHDRAWN FROM THE MIAMI ARENA. Part B The Following Items Shall Not Be Considered Before 3:00 pm ITEM PZ 1 RESOLUTION — (J -o3-432) REQUEST: Major Use Special Permit for the Platinum Project LOCATION: Approximately 480 NE 30th Street APPLICANT(S): AR Investments Group and Maysville, Inc. APPLICANT(S) AGENT: Vicky Garcia -Toledo, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval With conditions*. PUBLIC WORDS DEPARTMENT: NIA. PLAT & STREET COMMITTEE: NIA. PLANNING ADVISORY BOARD: Recommended denial due to failure to receive the majority of favorable votes on April 23, 2003 by a vote of 4-4. ZONING BOARD: Granted a variance by a vote of 8-0 on March 24, 2003. *See supporting documentation. PETITION: Consideration of approving with conditions, a Major Use Special Permit pursuant i to Articles 4, 5, 9, 13 and 17 of Zoning ordinance No. 11000, as amended, for The Platinum Project, to be comprised of a twenty-one (21) story residential building with up to 115 units with accessory recreational uses and amenities and 195 parking spaces. PURPOSE: This will allow multifamily residential development. PAGE 40 MAY Z2, 2003 R-03-607 (MODIFIED) MOVED: WINTON SECONDED: GONZALEZ UNANIMOUS ITEM PZ 2 RESOLUTION — (J-03-427) REQUEST: Overtown/Arena Metrorail Station Project LOCATION: Approximately 601-799 NW 15i Court APPLICANT(S): Miami -Dade County APPLICANT(S) AGENT: Judith A. Burke, Esquire APPELLANT(S): NIA. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PUBLIC WORDS DEPARTMENT: NIA. PLAT & STREET COMMITTEE: NIA. PLANNING ADVISORY BOARD: Recommended approval on April 23, 2003 by a vote of 7-1. ZONING BOARD: NIA. PETITION: Consideration of approving the Master Plan Development Standards, pursuant to Article 4 of Zoning ordinance No. 11000, the Zoning ordinance of the City of Miarni, for the overtown/Arena Metrorail Station Project, and further finding consistency with the overtown/Arena Metrorail Station Area Design and Development Plan (SADD). PURPOSE: j This will approve the Overtown/Arena Metrorail Station Project for consistency with the overtown/Arena Metrorail Station Area Design and Development Plan (SADD). NOTES: This is a companion to Item PZ 3. PAGE 41 MAY 22, 2003 CONTINUED TO 6126103 BY MOTION -03-608 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS ITEM PZ 3 RESOLUTION — [J-03-128 (a) & J-03-128 (b)] REQUEST: Closing, Vacating, Abandoning and Discontinuing a Portion of a Public Right -of -Way LOCATION: Portion of NW 7th Street Between NW 1St Court and Metrorail Right -of -Way APPLICANT(S): Miami -Dade County APPLICANT(S) AGENT: Pedro Hernandez, Assistant County Manager APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND .ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. � PLAT & STREET COMMITTEE: Recommended approval. PLANNING ADVISORY BOARD: NIA. ZONING ]BOARD: Recommended approval on January 27, 2003 to the City Commission by a vote of 5-0. PETITION: Closing, vacating, abandoning and discontinuing for public use a portion. of a public right-of-way. PURPOSE: This will allow a unified development site. NOTES: Continued from City Commission of February 27, 2003 and May 1, 2003. This is a companion to Item PZ 2. PAGE 4? MAY 21, 2003 CONTINUED TO 6126103 BY MOTION -03-608 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS ITEM PZ 4 RESOLUTION -- (J-03-448) REQUEST: Modification to a Covenant LOCATION: Approximately 2960, 2980 and 3014 SW 22nd Street and 2963, 2975, 3001, 3015 and 3019 SW 22nd Terrace APPLICANT(S): Coral View, LC APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PUBLIC WORKS DEPARTMENT: NIA. PLAT & STREET COMMITTEE: NIA. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: NIA. *See supporting documentation. PETITION: PURPOSE: This will modify a covenant that restricts vehicular ingress and egress from SW 22nd Terrace. PAGE 43 MAY 229 2043 R-03-609 (AS MODIFIED) MOVED: REGALADO SECONDED: SANCHEZ UNANIMOUS ITEM PZ 5 REsoLv'rroN — (J-03-372) REQUEST: Modification to a Covenant LOCATION: Approximately 3150 & 3250 SW 3'd Avenue APPLICANT(S): United Way of Miami -Dade County, Inc. APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: NIA. ZONING BOARD: Granted the special exception on March 24, 2003 with conditions*. *See supporting documentation. PETITION: PURPOSE: � This will provide for an amendment to paragraph three in the attached Declaration of Restrictive Covenant in order to modify the previously approved site plan. PAGE 44 MAY 227 2003 R-03-611 MOVED: SANCHEZ SECONDED: GONZALEZ NAYS: REGALADO ITEM PZ 6 SECOND READING ORDINANCE — (.T -O2 -S4%) REQUEST: To Amend ordinance No. 10544, from "Restricted Commercial" to "Duplex Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 4230 NW 3"d Street APPLICANT(S): Land (1) One, LTD APPLICANT(S) AGENT: Jose Valle, President APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: No comments. PLAT & STREET COMMITTEE: Approval. PLANNING ADVISORY BOARD: Recommended approval on May 15, 2002 to the City Commission by a vote of 7-0. ZONING BOARD: See companion Item PZ 7. PETITION: PURPOSE: This will provide for a unified development site. NOTES: Passed First Reading on May 1, 2003. Moved by: Sanchez, Seconded by: Gonzalez, Absent: Teele. PAGE 45 MAY ??, 2403 ORDINANCE# 12367 MOVED: REGALADO SECONDED: TEELE ABSENT: GONZALEZ, SANCHEZ ITEM PZ 7 SECOND READING ORDINANCE -- (J -o3-323) REQUEST: To Amend ordinance No. 11000, from C-1 Restricted Commercial to R-2 Two Family Residential to Change the Zoning Atlas LOCATION: Approximately 4230 NW 3rd Street APPLICANT(S): Land (1) One, LTD APPLICANT(S) AGENT: Jose Valle, President APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: No comments. PLAT & STREET COMMITTEE: Approval. PLANNING ADVISORY BOARD: See companion Item PZ 6. ZONING BOARD: Recommended approval on June 3, 2002 to the City Commission by a vote of 9-0. PETITION: PURPOSE: This will provide for a unified development site. DOTES: Passed First Reading on May 1, 2003. Moved by: Regalado, Seconded by: Sanchez, Absent: Teele. PAGE 46 MAY 221) 2403 ORDINANCE# 12368 MOVED: REGALADO SECONDED: TEELE ABSENT: GONZALEZ,SANCHEZ ITEM PZ 8 RESOLUTION REQUEST: Accepting the VALLE SUBDIVISION Plat LOCATION: Approximately 4230 NW 3"d Street APPLICANT(S): Land (1) One, LTD APPLICANT(S) AGENT: Jose Valle, President APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: N/A. PUBLIC WORKS DEPARTMENT: Approval. PLAT & STREET COMMITTEE: Approval with conditions*. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: NIA. *See supporting documentation. pp � PETITION: PURPOSE: This will adopt a resolution accepting the VALLE SUBDIVISION plat. NOTES: This is a companion to Item PZ 6 and Item PZ 7. PAGE 47 MAY 2252003 R-03-61 0 MOVED: REGALADO SECONDED: TEELE ABSENT: GONZALEZ,SANCHEZ ITEM PZ 9 FIRST READING ORDINANCE - (J-02-969) REQUEST: To Amend ordinance No. 10544, from "Medium Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 544 NE 781h Street APPLICANT(S): Simon Ferro, Esquire on behalf of NAGS, Corporation [Joan C. Brooks for Miami Group Health and Life Insurance (Former Owner)] APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: NIA. PLAT & STREET COMMITTEE: NIA. PLANNING ADVISORY BOARD: Recommended denial on October 161 2002 to the City Commission by a vote of 5-2. ZONING BOARD: See companion Item PZ 10. PETITION: PURPOSE: This will allow a unified commercial development site. NOTES: Continued from the City Commission of December 12, 2002, February 27, 20031 March 27, 2003 and May 1, 2003. PAGE 48 MAY ??', 2003 DENIED BY MOTION -03-612 MOVED: WINTON 11 SECONDED: GONZALEZ ABSENT: SANCHEZ ------------------------------- MOTION-03-614 MOVED: WINTON SECONDED: GONZALEZ ABSENT: SANCHEZ ITEM PZ 10 FIRST READING ORDINANCE — {J-02-1008 (a) & J-02-1008 (b)} REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium Density Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 544 NE 78th Street APPLICANT(S): Simon Ferro, Esquire on behalf of NAGS, Corporation [Joan C. Brooks for Miami Group Health and Life Insurance (Former Owner)] APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS. PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: NIA. PLAT & STREET COMMITTEE: NIA. PLANNING ADVISORY BOARD: See companion Item PZ 9. ZONING BOARD: Recommended denial on November 4, 2002 to the City Commission by a vote of 7-2. PETITION: PURPOSE: This will allow a unified commercial development site. NOTES: Continued from the City Commission of December 12, 2002, February 27, 2003, March 27, 2003 and May 1, 2003. PAGE 49 MAY 22, 2003 DENIED BY MOTION -03-613 MOVED: WINTON SECONDED: GONZALEZ ABSENT: SANCHEZ ------------------------------- MOTION-03-614 MOVED: WINTON SECONDED: GONZALEZ ABSENT: SANCHEZ ITEM PZ 11 FIRST READING ORDINANCE - (.T -03-O62) REQUEST: To Amend Ordinance No. 10544, from "Single Family Residential" and "General Commercial 33 to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 536, 602, 608 and 690 NW 57"' Avenue and 601, 6055 611, 631 and 641 NW 57"' Court APPLICANT(S): Florida Union Land Corporation and Sime Corporation APPLICANT(S) AGENT: Ben Fernandez, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PUBLIC WORDS DEPARTMENT: NIA. PLAT &. STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval with conditions* on November 20, 2002 to the City Commission by a vote of 6-2. ZONING BOARD: See companion Item PZ 12. *See supporting documentation. PETITION: PURPOSE: This will allow a unified commercial development site. NOTES: Denied First Reading on January 23, 2003. Reconsidered by motion 03- 151 on February 13, 2003. Moved by: Gonzalez, Seconded by: Sanchez, Unanimous. Continued from City Commission of March 27, 2003. PACE 50 MAY 22, 2003 FIRST READING ORDINANCE (MODIFIED) MOVED: GONZALEZ SECONDED: SANCHEZ ABSENT: TEELE ITEM PZ 12 FIRST READING ORDINANCE — {1-03-043 (a) & J-03-043 (b)} REQUEST: To Amend Ordinance No. 11000, from C-2 Liberal Commercial and R- 1 Single -Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 536, 602, 608 and 690 NW 57"' Avenue and 601, 605, 611, 631 and 641 NW 57" Court APPLICANT(S): Florida Union Land Corporation and Sime Corporation APPLICANT(S) AGENT: Ben Fernandez, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PUBLIC WORDS DEPARTMENT: NIA. PLAT & STREET COMMITTEE: NIA. PLANNING ADVISORY BOARD: See companion Item PZ 11. ZONING BOARD: Recommended denial on December 16, 2002 to the City Commission by a vote of 4-2. PETITION: PURPOSE: This will allow a unified commercial development site. NOTES: Denied First Reading on January 23, 2003. Reconsidered by motion 03- 151 on February 13, 2003. Moved by: Gonzalez, Seconded by: Sanchez, Unanimous. Continued from City Commission of March 27, 2003. PAGE 51 MAY 22, 2003 FIRST READING ORDINANCE (MODIFIED) MOVED: GONZALEZ SECONDED: SANCHEZ ABSENT: TEELE ITEM PZ 13 FIRST READING ORDINANCE —(J-03-235) REQUEST: To Amend Ordinance No. 105441 from "Duplex Residential" to "General Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1415 NW 7th Court and 735 NW 14th Street APPLICANT(S): Alvaro Cosculluela, Construction Manager, III APPLICANT(S) AGENT: Miami -Dade County APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORDS DEPARTMENT: NIA. PLAT & STREET COMMITTEE: NIA. PLANNING ADVISORY BOARD: Recommended approval on February 19, 2003 to the City Commission by a vote of 6-0. ZONING BOARD: See companion Item PZ 14. PETITION: PURPOSE: This will allow a change from "Duplex Residential" to "General Commercial" in order to build parking facilities for a Women's Detention Center. NOTES: Continued from City Commission of May 1, 2003. PACE 52 MAY 229 2003 FIRST READING ORDINANCE MOVED: TEELE SECONDED: REGALADO UNANIMOUS ITEM PZ 14 FIRST READING ORDINANCE -(J-03-351) REQUEST: To Amend Ordinance No. 11000, from R-2 Two Family Residential to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 1415 NW 7"' Court and 735 NW 14'1' Street APPLICANT(S): Alvaro Cosculluela, Construction Manager, III APPLICANT(S) AGENT: Miami -Dade County APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORDS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: NIA. PLANNING ADVISORY BOARD: See companion Item PZ 13. ZONING BOARD: Recommended approval on March 24, 2003 to the City Commission by a vote of 9-0. PETITION: PURPOSE: This will allow a change from R-2 Two Family Residential to C-2 Liberal Commercial in order to build parking facilities for a Women's Detention Venter, NOTES: Continued from City Commission of May 1, 2003. PAGE 53 MAY 221) 2003 FIRST READING ORDINANCE MOVED: TEELE SECONDED: OONZALEZ UNANIMOUS The Following Item Shall Not Be Considered Before 5:34 pm ITEM PZ 15 RESOLUTION — (J-03-077) REQUEST: Major Use Special Permit for the Grovenor Project LOCATION: Approximately 2610 Tigertail Avenue APPLICANT(S): Grovenor House, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PUBLIC WORKS DEPARTMENT: NIA. PLAT & STREET COMMITTEE: NIA. PLANNING ADVISORY BOARD: Recommended denial of a motion on December 18, 2002, which failed (due to failure to obtain a majority of favorable votes), constituting a denial to the City Commission by a vote of 3-3. ZONING BOARD: Granted the special exception on December 16, 2002 by a vote of 6-0. *See supporting documentation. PETITION: Consideration of approving with conditions, a Major Use Special Permit pursuant to Articles 5, 93 13 and 17 of Zoning Ordinance No. 11000, for the Grovenor Project, to be comprised of a residential tower, with not more than 151 units with accessory recreational space and approximately 409 parking spaces. PURPOSE: This will allow a multifamily residential development. NOTES: Continued from City Commission of January 23, 2003, February 27, 2003 and May 1, 2003. PAGE 54 MAY 221) 2043 R-03-615 (AS MODIFIED) MOVED: WINTON SECONDED: SANCHEZ ABSENT: GONZALEZ PROTOCOL PROGRAM FOR COMMISSION MEETING Thursday, May 22, 2003 W.C891 RATE oFti�; Agenda Items 9:00 AM Name of Honoree Presenter Protocol Item Robert Parente Commissioner Sanchez Commendation Royal Caribbean and Celebrity Cruises - Give Day Project Commissioner Sanchez Commendation