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HomeMy WebLinkAboutCC 2002-08-22 Marked AgendaMarked Agenda of Meeting Continued from 07/25/2002 MEETING DATE: JULY 25, 2002 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 SHALL 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, 250-5360, 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 will adjourn at the conclusion of deliberations on the agenda item being considered at 9:00 PM. (Resolution No. 87-115) PAGE JULY 25 2002 PART A: 9:00 AM PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES NON -PLANNING AND ZONING ITEMS — CONSENT AGENDA Item CA -1 through CA -23 may be heard in the numbered sequence or as announced by the Commission MAYOR AND COMMISSIONERS' ITEMS TIME CERTAIN 5:00 p.m. - District 2F — Resolution naming a section of Peacock Park as the "Amy Billig Meditation Garden" NON -PLANNING AND ZONING ITEMS CONT'D Items 2 through 33 may be heard in the numbered sequence or as announced by the Commission PART B: THE FOLLOWING ITEMS SHALL BE CONSIDERED AT A TIME CERTAIN OF 10:00 A.M. PLANNING AND ZONING ITEMS PZ 1 THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 3:00 P.M. PLANNING AND ZONING ITEMS PZ -2 THROUGH PZ -18 THE FOLLOWING ITEM SHALL NOT BE CONSIDERED BEFORE 5:00 P.M. PLANNING AND ZONING ITEM PZ -19 THE FOLLOWING ITEM SHALL NOT BE CONSIDERED BEFORE 5:00 P.M. PLANNING AND ZONING ITEM PZ -20 THROUGH PZ -21 PAGE JULY 25 2002 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE DELIVERED A. PRESENTATIONS & PROCLAMATIONS NAME OF HONOREE PRESENTER PROTOCOL ITEM Commonwealth of Puerto Rico Mayor Diaz Proclamation (in Mayor's Office) Homer Whittaker Mayor Diaz Certificate of Appreciation for Overtown enhancements Sister Cities Exchange Program/ Kagoshima Maya Ikeda Mayor Diaz Distinguished Visitor Ryo Horinouchi Mayor Diaz Distinguished Visitor Nana Iwamoto Mayor Diaz Distinguished Visitor Rie Kakoi Mayor Diaz Distinguished Visitor Miwa Sonoda Mayor Diaz Distinguished Visitor Tetsushi Tateyama Mayor Diaz Distinguished Visitor Shogo Tsuruda Mayor Diaz Distinguished Visitor Natsuko Matsubara Mayor Diaz Distinguished Visitor Yuko Moriyama Mayor Diaz Distinguished Visitor Chikako Watase Mayor Diaz Distinguished Visitor Sooichi Fujimoto Mayor Diaz Flag Ramon Guillen Commissioner Gonzalez Certificate of Appreciation For leadership in quality of life issues in Allapattah B. MAYORAL VETOES NONE 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. C. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: • REGULAR MEETING OF FEBRUARY 8, 2001 • SPECIAL MEETING OF FEBRUARY 15, 2001 • PLANNING AND ZONING MEETING OF FEBRUARY 22, 2001 • REGULAR MEETING OF MARCH 8, 2001 • SPECIAL MEETING OF MARCH 15, 2001 • PLANNING AND ZONING MEETING OF MARCH 29, 2001 • SPECIAL MEETING OF APRIL 25, 2001 • REGULAR AND PLANNING AND ZONING MEETING OF APRIL 26, 2001 APPROVED MOVED: SANCBEZ SECOND: WINTON ABSENT: TEELE 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 -23 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: .. that the Consent Agenda comprised of items CA -1 through CA -23 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-02-649) - (ACCEPTING BID) ACCEPTING THE BID OF TEMPTROL AIR CONDITIONING, INC., HISPANIC/MIAMI-DADE COUNTY VENDOR, 4215 S.W. 72 ND AVENUE, MIAMI, FLORIDA) THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 01-02-127, DATED JUNE 5, 2002, FOR THE PROVISION OF AIR CONDITIONING MAINTENANCE AND REPAIR SERVICES AT VARIOUS POLICE DEPARTMENT FACILITIES, ON AN AS -NEEDED CONTRACT BASIS, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $46,840; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.670. PAGE 4 JULY 25 2002 R-02-840 MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS CA -2 CA -3 CONSENT AGENDA CONT'D RESOLUTION - (J-02-645) - (ACCEPTING BID) ACCEPTING THE BID OF OK FEED STORE SOUTH, INC., (NON-MINORITY/MIAMI-DADE COUNTY VENDOR, 22801 S.W. 177TH AVENUE, MIAMI, FLORIDA) THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 01-02-138, DATED MAY 8, 2002, FOR THE ACQUISITION OF HORSE FEED AND SUPPLEMENTS FOR THE DEPARTMENT OF POLICE, ON A CONTRACT BASIS FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $25,103.53; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.710. RESOLUTION - (J-02-646) - (ACCEPTING BIDS) ACCEPTING THE BIDS OF ALINA SPORTSWEAR, INC., (HISPANIC/LOCAL VENDOR, 1732 W. FLAGLER STREET, MIAMI, FLORIDA) CDA CREATIVE, (NON- MINORITY/NON-LOCAL VENDOR, 2455 EAST SUNRISE DRIVE, FT. LAUDERDALE, FLORIDA) MILTON A. GOLDBERG, INC., (NON-MINORITY/NON-LOCAL VENDOR, 7 SEWARD AVENUE, BEVERLY, MASSACHUSETTES) ZIPP SPORTING GOODS, (NON- MINORITY/MIAMI-DADE COUNTY VENDOR, 7210 RED ROAD, MIAMI, FLORIDA) AND CSV USA CORP., (NON- MINORITY/MIAMI-DADE COUNTY VENDOR, 6501 N.W. 36TH STREET, MIAMI, FLORIDA) THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS PURSUANT TO INVITATION FOR BIDS NO. 01-02-114, DATED MAY 20, 2002, FOR THE PROCUREMENT OF T-SHIRTS, GOLF SHIRTS AND WINDBREAKERS WITH SILK-SCREENING AND EMBROIDERY, TO BE USED BY VARIOUS CITY DEPARTMENTS, ON AN AS -NEEDED CONTRACT BASIS FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM EACH OF THE GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS AT TIME OF NEED. PAGE 5 JULY 25 2002 R-02-841 MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS R-02-842 MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS CONSENT AGENDA CONT'D CA -4. RESOLUTION - (J-02-654) - (AMENDING RESOLUTION NO. 01-330) AMENDING RESOLUTION NO. 01-330, ADOPTED APRIL 26, 2001, AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL PROFESSIONAL SERVICES AGREEMENTS WITH EACH MEMBER OF THE USAR TEAM FOR THE PURPOSE OF PROVIDING TECHNICAL ASSISTANCE TO THE DEPARTMENT OF FIRE -RESCUE TO INCREASE THE AMOUNT OF EACH AGREEMENT IN AN AMOUNT NOT TO EXCEED $22,000, FROM $15,000 TO $37,000 PER INCIDENT OR AS OTHERWISE PROVIDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") COOPERATIVE AGREEMENT AND TO INCLUDE THE TERMS OF THE AGREEMENTS. PAGE 6 JULY 25 2002 R-02-843 MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS CONSENT AGENDA CONT'D CA -5. RESOLUTION - (J-02-653) - (APPROVING THE ACQUISITION OF CELLULAR TELEPHONE EQUIPMENT AND SERVICES) APPROVING THE ACQUISITION OF CELLULAR TELEPHONE EQUIPMENT AND SERVICES FOR THE DEPARTMENT OF POLICE FROM VARIOUS VENDORS, ON AN AS -NEEDED CONTRACT BASIS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 725- 330-98-1, EFFECTIVE UNTIL SEPTEMBER 21, 2002, AND ANY EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $138,178; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NOS. 001000.290201.6.510 AND 001000.290201.6.850, IN THE AMOUNT OF $100,000, AND THE LAW ENFORCEMENT TRUST FUND, PROJECT NO.690003, IN THE AMOUNT OF $38,178, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING". CA -6. RESOLUTION - (J-02-651) - (AUTHORIZING THE SOLICITATION OF REQUESTS FOR PROPOSALS) AUTHORIZING THE SOLICITATION OF REQUESTS FOR PROPOSALS ("RFP'S") FOR PURPOSES OF ESTABLISHING A PRE -APPROVED LIST OF PROFESSIONAL ARCHITECTS, ENGINEERS AND SURVEYORS TO BE ENGAGED FOR PUBLIC WORKS CATEGORY "B" DESIGNATED FIRE STATION PROJECTS; APPOINTING AN INDIVIDUAL AS CHAIRPERSON OF THE COMPETITIVE SELECTION COMMITTEE; AND AUTHORIZING THE CITY MANAGER TO APPOINT A SIX -MEMBER COMPETITIVE SELECTION COMMITTEE TO EVALUATE AND RANK IN ORDER THE QUALIFIED CANDIDATES IN RANK ORDER AND TO PRESENT THE COMMITTEE'S RECOMMENDATIONS TO THE CITY COMMISSION FOR CONSIDERATION. PAGE 7 JULY 25 2002 AMIIIIQa-TT WTA► R-02-844 MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS CA -7 CONSENT AGENDA CONT'D RESOLUTION - (J-02-688) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH WARNER PLACE, INC., ("LESSOR"), FOR THE USE OF APPROXIMATELY 1,358 SQUARE FEET OF THE PROPERTY LOCATED AT 111 SOUTHWEST 5T" AVENUE, MIAMI, FLORIDA, TO PROVIDE OFFICE SPACE FOR THE EAST LITTLE HAVANA NET OFFICE AT A MONTHLY FEE OF $1,358 PLUS $162.96 PER MONTH FOR ELECTRICITY AND A SECURITY DEPOSIT IN THE AMOUNT OF $1,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 145001.251113.6.620, WITH ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. PAGE 8 JULY 25 2002 MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS CONSENT AGENDA CONT'D CA -8. RESOLUTION - (J-02-677) - (AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI ONE CENTRE LIMITED PARTNERSHIP ("ONE MIAMI') FOR THE PURPOSE OF: (1) AGREEING TO EXECUTE A CLASS I COASTAL CONSTRUCTION PERMIT APPLICATION FOR CONSTRUCTION OF SCOUR MATS BY ONE MIAMI; (2) GRANTING A PERPETUAL AND NON-EXCLUSIVE EASEMENT TO ONE MIAMI FOR THE RIGHT TO INSTALL, MAINTAIN, REPAIR AND REPLACE SCOUR MATS; AND (3) ACCEPTING THE CONVEYANCE OF THE SCOUR MATS WITHIN THIRTY DAYS AFTER INSTALLATION, AND WITH OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. CA -9. RESOLUTION - (J-02-663) - (APPROVING THE ASSIGNMENT OF THE CHART HOUSE INC. ("ASSIGNOR") SUBLEASE AGREEMENT TO CHLN, INC.) APPROVING THE ASSIGNMENT OF THE CHART HOUSE INC. ("ASSIGNOR") SUBLEASE AGREEMENT TO CHLN, INC. ("ASSIGNEE"); AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT AND ASSUMPTION OF SUBLEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE ASSIGNMENT; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESTOPPEL CERTIFICATE AND RELATED INSTRUMENTS. PAGE 9 JULY 25 2002 R-02-846 MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS R-02-847 MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS CONSENT AGENDA CONT'D CA -10. RESOLUTION - (J-02-664) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MAXIMUS, UNDER STATE OF FLORIDA CONTRACT NO. 973-001-00-1, PROFESSIONAL CONSULTING SERVICES FOR MANAGEMENT SKILLS, FOR THE PROVISION OF PROCESS ENGINEERING SERVICES FOR THE OFFICES OF THE CITY MANAGER AND CITY CLERK, ON A CONTRACT BASIS FOR A PERIOD NOT TO EXCEED ONE HUNDRED TWENTY DAYS, IN AN ESTIMATED AMOUNT NOT TO EXCEED $45,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 3110470, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES; AND DIRECTING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID SERVICES. CA -11. RESOLUTION - (J-02-641) - (DIRECTING THE CITY ATTORNEY TO TAKE ALL ACTIONS NECESSARY) DIRECTING THE CITY ATTORNEY TO TAKE ALL ACTIONS NECESSARY, INCLUDING FILING SUIT, TO ENFORCE THE TERMS OF THE REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF MIAMI AND SHAUNDA'S HAIR & NAIL STUDIO, INC. PAGE 10 JULY 25 2002 R-02-848 MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS R-02-849 MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS CONSENT AGENDA CONT'D CA -12. RESOLUTION - (J-02-642) - (DIRECTING THE CITY ATTORNEY TO TAKE ALL ACTIONS NECESSARY) DIRECTING THE CITY ATTORNEY TO TAKE ALL ACTIONS NECESSARY, INCLUDING FILING SUIT, TO ENFORCE THE TERMS OF THE REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF MIAMI AND LANZO CONSTRUCTION CO. FLORIDA FOR THE OCCUPANCY OF PROPERTY ON VIRGINIA KEY, MIAMI, FLORIDA. CA -13. RESOLUTION - (J-02-643) - (DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY) DIRECTING THE CITY ATTORNEY TO TAKE ALL ACTIONS NECESSARY, INCLUDING FILING SUIT, TO ENFORCE THE TERMS OF THE REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF MIAMI AND UNITED CONTRACTORS & ENGINEERING CORPORATION FOR THE OCCUPANCY OF PROPERTY ON VIRGINIA KEY, MIAMI, FLORIDA. PAGE 11 JULY 25 2002 R-02-850 MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS R-02-851 MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS CA -14. CA -15 CONSENT AGENDA CONT'D RESOLUTION - (J-02-644) - (AUTHORIZING THE CITY MANAGER TO TERMINATE THE AGREEMENT) AUTHORIZING THE CITY MANAGER TO TERMINATE THE AGREEMENT WITH VENECON, INC. FOR THE PROJECT ENTITLED "CITYWIDE EMERGENCY OPERATIONS CENTER MODIFICATIONS - SECOND BIDDING, B-3261." RESOLUTION - (J-02-685) - (AUTHORIZING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF) AUTHORIZING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF, AND/OR OTHER APPROPRIATE CIVIL ACTIONS, FOR THE PURPOSE OF REMOVING UNPERMITTED WORK AT 1829 SOUTHWEST 22 TERRACE, MIAMI, FLORIDA, SO LONG AS THERE EXIST INADEQUATE REMEDIES AT LAW AND A LIKELIHOOD OF IRREPARABLE INJURY IF THE INJUNCTION IS NOT GRANTED; FURTHER AUTHORIZING THE CITY ATTORNEY TO SEEK ANY AND ALL ALTERNATIVE REMEDIES FOR THE PURPOSE OF REMOVING THE ILLEGAL UNITS AT 1829 SOUTHWEST 22 TERRACE; FURTHER AUTHORIZING THE CITY ATTORNEY, IF WARRANTED, TO INITIATE FORECLOSURE ACTION AGAINST THE PROPERTY AT 1829 SOUTHWEST 22 TERRACE FOR ANY OUTSTANDING LIENS RELATED TO CODE ENFORCEMENT COSTS AT A TIME PERMITTED BY APPLICABLE LAW. PAGE 12 JULY 25 2002 R-02-852 MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS :aiy�:�7c3 MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS CONSENT AGENDA CONT'D CA -16. RESOLUTION - (J-02-) - (AUTHORIZING THE DIRECTOR OF FINANCE TO ENABLE THE PAYMENT OF CLASS ACTION CLAIMS) AUTHORIZING THE DIRECTOR OF FINANCE TO ENABLE THE PAYMENT OF CLASS ACTION CLAIMS IN AN AMOUNT NOT TO EXCEED $563,000 TO POTENTIAL CLAIMANTS AND AN AMOUNT NOT TO EXCEED $168,900 IN POTENTIAL ATTORNEYS FEES, IN SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI RELATED TO THE IMPOSITION OF A PARKING SURCHARGE ON TOWED VEHICLES, FOR THE CASE OF ROBERT M. JASINSKI AND SUSAN M. MISAVAGE VS. CITY OF MIAMI, IN THE DISTRICT COURT OF SOUTHERN DISTRICT OF FLORIDA, CASE NO. 02-21572-CIV- SEITZ, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM THE CERTAIN STATED CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF- INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. CA -17. WITHDRAWN CA -18 WITHDRAWN CA -19. WITHDRAWN PAGE 13 JULY 25 2002 DEFERRED CONSENT AGENDA CONT'D CA -20. RESOLUTION - (J-02-690) - (AUTHORIZING THE DIRECTOR OF FINANCE TO REIMBURSE THE STATE OF FLORIDA) AUTHORIZING THE DIRECTOR OF FINANCE TO REIMBURSE THE STATE OF FLORIDA, ACTING THROUGH THE ATTORNEY GENERAL AND ON BEHALF OF THE AGENCY FOR HEALTH CARE ADMINISTRATION, THE SUM OF $474,168.46, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR REIMBURSEMENT OF MEDICAID PAYMENTS MADE TO THE CITY OF MIAMI FOR AMBULANCE SERVICE PROVIDED TO MEDICAID PATIENTS, UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE GENERAL FUND, ACCOUNT CODE NO. 001000.000000.2223. PAGE 14 JULY 25 2002 R-02-854 (MODIFIED) MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS CONSENT AGENDA CONT'D CA -21. RESOLUTION - (J-02-) - (ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE) ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 01-02-174R, THAT THE MOST QUALIFIED FIRMS TO PROVIDE CONSULTING SERVICES FOR A POLICE RESOURCE ALLOCATION STUDY, FOR THE OFFICE OF THE CITY MANAGER, ARE, IN RANK ORDER: (1) MGT OF AMERICA, INC., AND (2) INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, WITH MGT OF AMERICA, INC., THE TOP-RANKED FIRM, FOR AN INITIAL PERIOD OF ONE YEAR, WITH THE OPTION TO EXTEND FOR ONE ADDITIONAL ONE (1) YEAR; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE (IACP), THE SECOND -RANKED FIRM, IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP RANKED FIRM. CA -22. RESOLUTION - (J-02-) - (AUTHORIZING THE CITY MANAGER TO SELL FOUR (4) SURPLUS CITY - OWNED 1994 CHEVROLET CAPRICE VEHICLES) AUTHORIZING THE CITY MANAGER TO SELL FOUR (4) SURPLUS CITY -OWNED 1994 CHEVROLET CAPRICE VEHICLES, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF, AT $2,000 PER VEHICLE, TO COLUMBIA PICTURES, IND., FOR THE PURPOSE TO FACILITATE THE FILMING OF THE FEATURE MOVIE "BAD BOYS II". PAGE 15 JULY 25 2002 R-02-855 (MODIFIED) MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS CONSENT AGENDA CONT'D CA -23. RESOLUTION - (J-02-) - (APPROVING THE BAYFRONT PARK MANAGEMENT TRUST'S SELECTION) APPROVING THE BAYFRONT PARK MANAGEMENT TRUST'S SELECTION OF TIMOTHY F. SCHMAND AS EXECUTIVE DIRECTOR. END OF CONSENT AGENDA PAGE 16 JULY 25 2002 R-02-857 MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS PERSONAL APPEARANCES NOTE: LEGISLATION MAY RESULT FROM CITY COMMISSION CONSIDERATION OF ANY PERSONAL APPEARANCE. 2. MR. JOSE MILTON TO DISCUSS THE PROPOSAL FOR INFRASTRUCTURE IMPROVEMENTS TO ANTONIO MACEO PARK, AT HIS EXPENSE, IN EXCHANGE FOR ACCESS THROUGH THE PARK TO HIS RESIDENTIAL CONDOMINIUM PROJECT LOCATED ON BLUE LAGOON LAKE ADJACENT TO THE PARK. ADMINISTRATION RECOMMENDATION: TO BE DISCUSSED 3. MS. ANITA MCGRUDER, CHAIR, MIAMI COMMISSION ON THE STATUS OF WOMEN TO ADDRESS THE COMMISSION CONCERNING SEVERAL ISSUES OF CONCERN THAT MAY RESULT IN LEGISLATION. ADMINISTRATION RECOMMENDATION: TO BE DISCUSSED 3A. MS. KAREN CARTWRIGHT TO ADDRESS THE COMMISSION CONCERNING SERVICES PROVIDED TO OVERTOWN. ADMINISTRATION RECOMMENDATION: TO BE DISCUSSED PAGE 17 JULY 25 2002 I LTA go] MIMI! MOVED: SANCHEZ SECONDED: TEELE NAYS: WINTON ABSENT: GONZALEZ MOVED: TEELE SECONDED: SANCHEZ ABSENT: REGALADO, GONZALEZ R-02-920 MOVED: WINTON SECONDED: TEELE NAYS: REGALADO ABSENT: GONZALEZ DISCUSSED A. A MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ FIRST READING ORDINANCE - (J-02-591) AMENDING CHAPTER 40/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI ELECTED OFFICERS' RETIREMENT TRUST," TO PROVIDE DEATH BENEFITS FOR ELECTED OFFICIALS AND CERTAIN BENEFITS FOR THE MAYOR; MORE PARTICULARLY BY AMENDING SECTION 40-296 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. FIRST READING ORDINANCE - (J-02-1047) AMENDING CHAPTER 18, ARTICLE IX/DIVISION 2 ENTITLED "FINANCIAL POLICIES" TO CLARIFY AND EXPAND THE FINANCIAL INTEGRITY PRINCIPLES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. (This item was deferred from the meeting of June 27, 2002) PAGE 18 JULY 25 2002 FIRST READING ORDINANCE MOVED: TEELE SECONDED- SANCHEZ UNANIMOUS FIRST READING ORDINANCE MOVED: TEELE SECONDED- SANCHEZ UNANIMOUS A. MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 1 COMMISSIONER ANGEL GONZALEZ RESOLUTION - (J-02-682) - (DIRECTING THE CITY MANAGER TO CONDUCT A STUDY) DIRECTING THE CITY MANAGER TO CONDUCT A STUDY AND TO REPORT HIS FINDINGS AT THE SEPTEMBER 12, 2002 CITY COMMISSION MEETING RELATED TO THE POSSIBLE CONSTRUCTION OF A POLICE TRAINING CENTER ON THE LAND DONATED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR PUBLIC PURPOSES, GENERALLY DESCRIBED AS BEING BOUNDED ON THE NORTH BY NORTHWEST 19TH TERRACE, ON THE SOUTH BY NORTHWEST 18TH STREET, ON THE EAST BY INTERSTATE 95 AND ON THE WEST BY 7TH AVENUE, MIAMI, FLORIDA. PAGE 19 JULY 25 2002 R-02-864 MOVED: GONZALEZ SECONDED- SANCHEZ ABSENT: TEELE, WINTON A. 191 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 2 VICE CHAIRMAN JOHNNY L. WINTON STATUS REPORT ON ASSISTANT CITY MANAGER BOB NACHLINGER'S PROPOSED LOAN FUND. RESOLUTION - (J-02- ) - (REPROGRAMMING $100,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS) REPROGRAMMING $100,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG) FROM PREVIOUSLY APPROVED COCONUT GROVE PILOT PROJECTS TO THE UNIVERSITY OF MIAMI SCHOOL OF ARCHITECTURE CENTER FOR URBAN AND COMMUNITY DESIGN TO IMPLEMENT REVITALIZATION PROJECTS IN THE COCONUT GROVE COMMUNITY REVITALIZATION DISTRICT WITH THE COCONUT GROVE COLLABORATIVE, INC.; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAID ORGANIZATION, FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO APPLICABLE CITY CODE PROVISIONS. PAGE 20 JULY 25 2002 NOT TAKEN UP R-02-861 MOVED: WINTON SECONDED- SANCHEZ ABSENT: REGALADO, GONZALEZ C. I0 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 2 VICE CHAIRMAN JOHNNY L. WINTON CONT'D RESOLUTION - (J-02- ) - (DESIGNATING "A CULTURAL PARK") DESIGNATING "A CULTURAL PARK", ALSO KNOWN AS "MUSEUM PARK MIAMI", AS THE OFFICIAL DESIGN VISION FOR BICENTENNIAL PARK; AUTHORIZING AND DIRECTING THE CITY MANAGER TO OBTAIN THE SERVICES OF SUCH PROFESSIONAL CONSULTANTS AS MAY BE NECESSARY TO FINALIZE A COMPREHENSIVE MASTER PLAN FOR BICENTENNIAL PARK, SUBJECT TO CITY COMMISSION APPROVAL; AND FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY JOINTLY TO COMMENCE IMMEDIATE NEGOTIATIONS WITH THE MIAMI ART MUSEUM AND THE MIAMI MUSEUM OF SCIENCE TO DEFINE THE TERMS AND CONDITIONS FOR EACH OF THEIR LONGTERM, WORLD-CLASS TENANCY IN BICENTENNIAL PARK, ALSO SUBJECT TO CITY COMMISSION APPROVAL. RESOLUTION - (J-02- ) - (AUTHORIZING AND DIRECTING THE CITY MANAGER TO OBTAIN THE SERVICES OF SUCH PROFESSIONAL CONSULTANTS) AUTHORIZING AND DIRECTING THE CITY MANAGER TO OBTAIN THE SERVICES OF SUCH PROFESSIONAL CONSULTANTS AS MAY BE NECESSARY TO FINALIZE A COMPREHENSIVE MASTER PLAN FOR BICENTENNIAL PARK; SPECIFICALLY TO BEGIN THE RFP PROCESS TO OBTAIN THE SERVICES OF A LANDSCAPE ARCHITECTURE FIRM SUBJECT TO CITY COMMISSION APPROVAL; AND FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER, TO ENTER INTO CONTRACTUAL AGREEMENTS WITH DOVER KOHL & PARTNERS AND ROBERT WEINREB TO ASSIST CITY STAFF IN THE RFP, SELECTION OF THE LANDSCAPE ARCHITECTURAL FIRM AND CONTINUE AS CONSULTANTS DURING THE DESIGN PROCESS, ALSO SUBJECT TO CITY COMMISSION APPROVAL. PAGE 21 JULY 25 2002 R-02-862 MOVED: WINTON SECONDED: SANCBEZ ABSENT: GONZALEZ, REGALADO R-02-863 (MODIFIED) MOVED: WINTON SECONDED: SANCBEZ ABSENT: REGALADO MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 2 VICE CHAIRMAN JOHNNY L. WINTON CONT'D E. DISCUSSION CONCERNING CONSIDERATION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI AND THE THEODORE R. AND THELMA A. GIBSON CHARTER SCHOOL, FOR THE TEMPORARY USE OF PORTIONS OF THE ELIZABETH VIRRICK PARK COMMUNITY CENTER, PENDING THE COMPLETION OF ITS PERMANENT FACILITY LOCATED AT 3677 GRAND AVENUE. F. RESOLUTION - (J-02- ) - (NAMING A SECTION OF 5:00 P.M. PEACOCK PARK AS THE "AMY BILLIG MEDITATION GARDEN") NAMING A SECTION OF PEACOCK PARK AS THE "AMY BILLIG MEDITATION GARDEN"; FURTHER DIRECTING THE CITY MANAGER TO TAKE THE NECESSARY STEPS TO EFFECT SAID CHANGE. PAGE 22 JULY 25 2002 R-02-876 MOVED: WINTON SECONDED: TEELE ABSENT: GONZALEZ M-02-877 MOVED: TEELE SECONDED: WINTON ABSENT: REGALADO, GONZALEZ R-02-875 MOVED: WINTON SECONDED: SANCBEZ ABSENT: GONZALEZ PAGE 23 JULY 25 2002 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 3 COMMISSIONER JOE SANCHEZ A. MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 4 CHAIRMAN TOMAS REGALADO DISCUSSION CONCERNING AN EXTENSION OF THE RUSTY PELICAN LEASE AGREEMENT. B. DISCUSSION CONCERNING THE CITY OF MIAMI'S COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT. (This item was deferred from the meetings of May 23, June 13, June 27, and July 9, 2002) C. DISCUSSION CONCERNING FUNDS FOR THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE. PAGE 24 JULY 25 2002 M-02-872 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: TEELE NOT TAKEN UP M-02-873 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: TEELE PAGE 25 JULY 25 2002 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 5 COMMISSIONER ARTHUR E. TEELE , JR PUBLIC HEARING ITEMS 4. RESOLUTION - (J-02-676) - (AMENDING RESOLUTION NO. 96-726) AMENDING RESOLUTION NO. 96-726, ADOPTED OCTOBER 10, 1996, TO DELETE FROM THE LIST OF PROPERTIES TO BE CONVEYED TO WIND & RAIN, INC. CERTAIN CITY -OWNED PROPERTY LOCATED AT 3648 OAK AVENUE, MIAMI, FLORIDA; DECLARING SURPLUS AND APPROVING THE DESIGNATION OF THE UNIVERSITY OF MIAMI SCHOOL OF ARCHITECTURE, CENTER FOR URBAN AND COMMUNITY DESIGN ("UNIVERSITY"), IN PARTNERSHIP WITH COCONUT GROVE COLLABORATIVE, INC., AS DEVELOPER TO UNDERTAKE THE DEVELOPMENT OF TWO SINGLE-FAMILY, OWNER -OCCUPIED HOMES, AFFORDABLE TO VERY LOW, LOW AND MODERATE - INCOME FAMILIES AND INDIVIDUALS ON CITY -OWNED REAL PROPERTY LOCATED AT 3658 FROW AVENUE AND 3648 OAK AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED, SUBJECT TO SAID DEVELOPER PROVIDING EVIDENCE ACCEPTABLE TO THE CITY OF FIRM COMMITMENTS FOR PROJECT CONSTRUCTION AND PERMANENT FINANCING; DIRECTING THE DEVELOPER TO FINALIZE HOUSING PLANS AND SPECIFICATIONS AND COMPLETE CONSTRUCTION OF THE TWO SINGLE-FAMILY HOMES WITHIN TWENTY-FOUR MONTHS FROM THE DATE OF CONVEYANCE OF THE PROPERTIES BY THE CITY OR THE PROPERTIES WILL AUTOMATICALLY REVERT TO THE CITY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROPRIATE LEGAL DOCUMENTS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, CONVEYING SAID PROPERTIES, SUBJECT TO THE DEVELOPER PROVIDING EVIDENCE ACCEPTABLE TO THE CITY OF FIRM COMMITMENTS FOR PROJECT CONSTRUCTION AND PERMANENT FINANCING. PAGE 26 JULY 25 2002 R-02-865 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: WINTON, TEELE PUBLIC HEARING ITEMS CONT'D 5. RESOLUTION - (J-02-675) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY) (4/5TNS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND ACCEPTING THE BID OF HARD J. CONSTRUCTION CORPORATION, (BLACK/MIAMI-DADE COUNTY VENDOR, 99 N.W. 183RD STREET, SUITE 108, MIAMI, FLORIDA) THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, PURSUANT TO INVITATION FOR INFORMAL BIDS, DATED JUNE 7, 2002, FOR THE PROJECT ENTITLED "CITYWIDE LOCAL DRAINAGE PROJECT E-77, B-5648", IN THE AMOUNT OF $673,250; ALLOCATING FUNDS FROM PROJECT NO. 352216, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $673,250 FOR THE CONTRACT COSTS AND $88,750 FOR EXPENSES, FOR A TOTAL ESTIMATED COST OF $762,000; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. PAGE 27 JULY 25 2002 R-02-894 MOVED: TEELE SECONDED: SANCBEZ ABSENT: GONZALEZ D PUBLIC HEARING ITEMS CONT'D EMERGENCY ORDINANCE - (J-02-667) (4/5TNS VOTE) (Note: This item is being presented as an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon 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 supplies, and to generally carry on the functions and duties of municipal affairs) ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS FOR A FUND ENTITLED "LOCAL LAW ENFORCEMENT BLOCK GRANT VII PROGRAM FUND," AND APPROPRIATING FUNDS IN THE AMOUNT OF $1,828,690, AND ANY INTEREST EARNED FROM FISCAL YEARS 2002-2003 AND 2003- 2004, CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE; AUTHORIZING THE ALLOCATION OF MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $203,188, FROM PROJECT NO. 690001, LAW ENFORCEMENT TRUST FUNDS, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY AND JUSTICE'S "GUIDE TO EQUITABLE SHARING"; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AND AUTHORIZING THE EXPENDITURES OF THE GRANT FOR THE OPERATION OF THE PROGRAM; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. PAGE 28 JULY 25 2002 EMERGENCY ORD. 12267 MOVED: WINTON SECONDED: TEELE ABSENT: GONZALEZ 7 PUBLIC HEARING ITEMS CONT'D RESOLUTION - (J-02-) - (AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)FUNDS) AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM THE CLOSEOUT OF 26TH YEAR CDBG CONTRACTS, IN AN AMOUNT NOT TO EXCEED $258,381, FOR THE REHABILITATION OF BUSINESSES PARTICIPATING IN THE COMMERCIAL FAQADE TREATMENT PROGRAM. PAGE 29 JULY 25 2002 1 :6• MOVED: SANC]HEZ SECONDED: GONZALEZ ABSENT: WINTON, TEELE 8. RESOLUTION - (J-02-) - (AMENDING RESOLUTION NO. 02-772) 1 R-02-878 AMENDING RESOLUTION NO. 02-772, ADOPTED AT THE SPECIAL CITY COMMISSION MEETING OF JULY 8, 2002, RELATING TO THE ALLOCATION OF $1,928,400 OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS AND $960,000 OF PROGRAM INCOME IN THE CATEGORY OF PUBLIC SERVICES, BY SPECIFYING THE AGENCIES PROVIDING SAID SERVICES IN DISTRICT 2 WITH THE AVAILABLE ALLOCATION OF $462,144 AND ALSO THE $40,000 PUBLIC SERVICES DISTRICT 5 PRIORITY SET- ASIDE FOR THE 28TH PROGRAM YEAR BEGINNING OCTOBER 1, 2002; AND FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH SAID AGENCIES FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO APPLICABLE CITY CODE PROVISIONS. (MODIFIED) MOVED: WINTON SECONDED: TEELE ABSENT: GONZALEZ E PUBLIC HEARING ITEMS CONT'D RESOLUTION - (J-02-) - (AMENDING RESOLUTION NO. 02-774) AMENDING RESOLUTION NO. 02-774, ADOPTED AT THE SPECIAL COMMISSION MEETING OF JULY 8, 2002, RELATING TO THE ALLOCATION OF $2,223,400 OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS IN THE ECONOMIC DEVELOPMENT CATEGORY, BY ALLOCATING $400,000 TO SPECIFIC AGENCIES LISTED HEREIN PROVIDING SAID SERVICES IN DISTRICT 2 FOR THE 28TH PROGRAM YEAR BEGINNING OCTOBER 1, 2002; AND FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH SAID AGENCIES FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO APPLICABLE CITY CODE PROVISIONS. PAGE 30 JULY 25 2002 R-02-879 MOVED: WINTON SECONDED: SANCBEZ ABSENT: GONZALEZ M-02-880 MOVED: TEELE SECONDED: WINTON ABSENT: GONZALEZ 10. RESOLUTION - (J-02-) - (AMENDING RESOLUTIONI R-02-881 NO. 02-775) MOVED: SANC]HEZ AMENDING RESOLUTION NO. 02-775, ADOPTED AT THE SPECIAL CITY COMMISSION MEETING OF JULY 8, 2002, RELATING TO THE ALLOCATION OF $1,117,500 OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS IN THE CATEGORY OF HOUSING DEVELOPMENT, BY ESTABLISHING A DISTRICT 2 HOUSING RESERVE FUND WITH THE $178,800 OF 28TH YEAR CDBG FUNDS AVAILABLE IN THE HOUSING DEVELOPMENT CATEGORY FOR DISTRICT 2. SECONDED: WINTON ABSENT: GONZALEZ 11 PUBLIC HEARING ITEMS CONT'D RESOLUTION - (J-02-5728) - (APPROVING THE CHANGE OF CONTROL OF THE CABLE TELEVISION LICENSE) APPROVING THE CHANGE OF CONTROL OF THE CABLE TELEVISION LICENSE GRANTED TO MIAMI TELE -COMMUNICATIONS INC. (THE "LICENSEE") FROM AT&T BROADBAND LLC TO AT&T COMCAST CORPORATION; PROVIDING FOR AN EFFECTIVE DATE. (This item was deferred from the meetings of June 13, and July 9, 2002) PAGE 31 JULY 25 2002 DEFERRED TO AUGUST 22, 2002 BY M-02-895 MOVED: TEELE SECONDED: WINTON ABSENT: GONZALEZ R-02-917 MOVED: TEELE SECONDED: WINTON NAYS: GONZALEZ 11A. RESOLUTION - (J -02-572A) - (DENYING THE CHANGE OF CONTROL OF THE CABLE TELEVISION NO ACTION TAKEN LICENSE) DENYING THE CHANGE OF CONTROL OF THE CABLE TELEVISION LICENSE GRANTED TO MIAMI TELE -COMMUNICATIONS INC. (THE "LICENSEE") FROM AT&T BROADBAND LLC TO AT&T COMCAST CORPORATION; PROVIDING FOR AN EFFECTIVE DATE. (This item was deferred from the meetings of June 13, and July 9, 2002) PUBLIC HEARING ITEMS CONT'D 12. RESOLUTION - (J-02-) - (APPROVING THE ISSUANCE OF BONDS) APPROVING THE ISSUANCE OF NOT TO EXCEED $35,000,000 CITY OF MIAMI, FLORIDA SPECIAL OBLIGATION NON -AD VALOREM REVENUE REFUNDING BONDS, SERIES 2002A FOR PURPOSES OF SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING FOR AN EFFECTIVE DATE. 12A. RESOLUTION - (J-02-) - (AUTHORIZING THE CITY ATTORNEY TO ENTER INTO A STIPULATION AND AGREED FINAL JUDGMENT) AUTHORIZING THE CITY ATTORNEY TO ENTER INTO A STIPULATION AND AGREED FINAL JUDGMENT GRANTING A TEMPORARY EASEMENT RUNNING WITH THE LAND INTO THE DEDICATED PUBLIC RIGHT-OF-WAY OF NORTHWEST 20TH STREET, NORTHWEST 1ST PLACE, AND NORTHWEST 1sT COURT, MIAMI, FLORIDA, TO ALLOW THE ENCROACHING 1924 HISTORIC STRUCTURE AT 164 NORTHWEST 20TH STREET, MIAMI, FLORIDA, TO REMAIN IN THE DEDICATED PUBLIC RIGHT-OF-WAY UNTIL THE 1924 HISTORIC STRUCTURE IS DEMOLISHED OR DESTROYED, AND SUBJECT TO GLOBAL HOLDINGS INTERNATIONAL, INC. EXECUTING A COVENANT TO RUN WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM. PAGE 32 JULY 25 2002 R-02-867 MOVED: SANC]HEZ SECONDED: GONZALEZ ABSENT: TEELE, WINTON R-02-870 MOVED: SANC]HEZ SECONDED: GONZALEZ ABSENT: TEELE 13. PUBLIC HEARING ITEMS CONT'D RESOLUTION - (J-02-687) - (ACCEPTING PLAT) ACCEPTING THE PLAT ENTITLED FORTUNE OF THE CHI, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PAGE 33 JULY 25 2002 R-02-871 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE ORDINANCE - EMERGENCY 13A. EMERGENCY ORDINANCE - (J-02-800) (4/5TNS VOTE) (Note: This item is being presented as an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon 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 supplies and to generally carry on the functions and duties of municipal affairs) AMENDING CHAPTER 42, ARTICLE IV, DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "POLICE, TOWING AND IMMOBILIZATION OF MOTOR VEHICLES, TOWING" TO INCREASE THE ADMINISTRATIVE FEE FOR THE MAXIMUM RATES CHARGED FOR TOWING IN THE CITY OF MIAMI FROM $15 TO $25 AND TO RATIFY AND CONFIRM ANY ADMINISTRATIVE CHARGES INCLUDED IN THE MAXIMUM TOWING FEES INCLUDED IN ANY CONTRACT OR AGREEMENT IN EFFECT IN THE CITY OF MIAMI; FURTHER DECLARING THE ADMINISTRATIVE FEE TO BE LEGAL AND VALID AND TO RATIFY, VALIDATE AND CONFIRM IN ALL RESPECTS THE ADMINISTRATIVE FEES IMPOSED PRIOR TO THE ADOPTION OF THIS ORDINANCE; MORE PARTICULARLY BY AMENDING SECTION 42-110 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. PAGE 34 JULY 25 2002 DEFERRED 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. 14. SECOND READING ORDINANCE - (J-02-436) AMENDING CHAPTER 2/ARTICLE XI/DIVISION 6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES AND COMMISSIONS/SPORTS AND EXHIBITION AUTHORITY," TO CHANGE THE MEMBERSHIP COMPOSITION FROM ELEVEN TO EIGHT MEMBERS, AND THE NUMBER OF YEARS PERMITTED FOR CONSECUTIVE SERVICE AS A MEMBER ON THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA"); DESIGNATING THE CITY MANAGER OR THE DESIGNATED ASSISTANT CITY MANAGER AS A NON-VOTING EX OFFICIO MEMBER AND TO SERVE AS MANAGING DIRECTOR OF MSEA; AND REQUIRING THE EXECUTIVE DIRECTOR OF MSEA TO ATTEND MEETINGS OF THE GREATER MIAMI CONVENTION BUREAU; MORE PARTICULARLY BY AMENDING SECTIONS 2-1013 AND 2-1015 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. DATE OF FIRST READING MAY 9, 2002 MOVED : COMMISSIONER TEELE SECONDED : COMMISSIONER GONZALEZ ABSENT : COMMISSIONER SANCHEZ PAGE 35 JULY 25 2002 NOT TAKEN UP 15. ORDINANCES - SECOND READING CONT'D SECOND READING ORDINANCE - (J-01-925) REPEALING ARTICLE III OF CHAPTER 18, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE, PURCHASING AND CONTRACTS GENERALLY" IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF NEW ARTICLE III SETTING FORTH PROVISIONS FOR THE ACCEPTANCE OF DONATIONS, PROCUREMENT OF GOODS AND SERVICES INCLUDING PERSONS RETAINED AS EXPERT CONSULTANTS, AND OPTING OUT OF MIAMI-DADE COUNTY REQUIREMENTS RELATED TO THE CONE OF SILENCE; AMENDING ARTICLE V OF CHAPTER 18 ENTITLED "SALE OR LEASE OF CITY'S REAL PROPERTY" TO INCLUDE PROVISIONS FOR THE LEASE OF REAL PROPERTY INCLUDING UNIFIED DEVELOPMENT PROJECTS, THE CONE OF SILENCE AND PROTESTS; MORE PARTICULARLY BY ADDING NEW SECTIONS 18-71 TO 18-114, 18-176.1 TO 18-176.3, AND AMENDING SECTION 18-180 OF SAID CODE; CONTAINING A REPEALER PROVISION, A SAVINGS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. DATE OF FIRST READING : JUNE 13, 2002 MOVED : COMMISSIONER TEELE SECONDED : COMMISSIONER SANCHEZ VOTE : UNANIMOUS PAGE 36 JULY 25 2002 ORDINANCE 12271 MOVED: TEELE SECONDED: GONZALEZ ABSENT: SANC]HEZ 16. 17. ORDINANCES — SECOND READING CONT'D SECOND READING ORDINANCE - (J-02-448) AMENDING CHAPTER 22/ARTICLES I, II, AND III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE/IN GENERAL/REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION/ENFORCEMENT AND ADMINISTRATION TO UPDATE CERTAIN SECTIONS AND PROVIDE FOR MORE STRINGENT ENFORCEMENT OF LITTER VIOLATIONS; MORE PARTICULARLY BY AMENDING SECTIONS 22-1,22-2, 22- 4, 22-6, 22-7, 22-12, 22-14, 22-15, 22-18, 22-46, 22-47, 22- 50, 22-52, 22-53, 22-54, 22-55, 22-56, 22-57, 22-87, 22-92, and 22-93 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. DATE OF FIRST READING : JULY 9, 2002 MOVED : COMMISSIONER GONZALEZ SECONDED : COMMISSIONER SANCHEZ ABSENT : COMMISSIONER TEELE SECOND READING ORDINANCE - (J-02-598) ESTABLISHING A SPECIAL REVENUE FUND ENTITLED "CORAL GABLES HOSPITAL/TENET FOUNDATION CONTRIBUTION FUND (FY 2001-02)" AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,500, CONSISTING OF A GRANT FROM CORAL GABLES HOSPITAL/TENET SOUTH FLORIDA HEALTHSYSTEM AND TENET FOUNDATION FOR USE BY THE DEPARTMENT OF FIRE -RESCUE TO PURCHASE MEDICAL EQUIPMENT; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT THE GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. DATE OF FIRST READING : JULY 9, 2002 MOVED : COMMISSIONER SANCHEZ SECONDED : VICE-CHAIRMAN WINTON VOTE : UNANIMOUS PAGE 37 JULY 25 2002 ORDINANCE 12258 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE, WINTON ORDINANCE 12259 MOVED: SANC]HEZ SECONDED: GONZALEZ ABSENT: TEELE, WINTON 18. ORDINANCES - SECOND READING CONT'D SECOND READING ORDINANCE - (J-02-683) AMENDING CHAPTER 2, ARTICLE X, SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, CODE ENFORCEMENT, ADMINISTRATIVE COSTS, FINES; LIENS," TO ADD NEW SUBSECTION (h) TO PROVIDE THAT, SUBJECT TO CERTAIN CONDITIONS, THE CITY MANAGER MAY RELEASE OR SATISFY A LIEN PLACED ON A PROPERTY BY THE CITY OR BY ANY OF ITS AGENCIES AND INSTRUMENTALITIES IF THE PROPERTY IS USED FOR THE DEVELOPMENT OF AN AFFORDABLE HOMEOWNERSHIP HOUSING PROJECT BY A PROJECT SPONSOR THAT HAS BEEN ALLOCATED FUNDS BY THE CITY COMMISSION OR THE CITY OF MIAMI HOUSING AND COMMERCIAL LOAN COMMITTEE FOR SUCH PROJECT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. DATE OF FIRST READING : JULY 9, 2002 MOVED : COMMISSIONER TEELE SECONDED : COMMISSIONER GONZALEZ ABSENT : COMMISSIONER SANCHEZ PAGE 38 JULY 25 2002 ORDINANCE 12272 MOVED: GONZALEZ SECONDED: WINTON ABSENT: SANC]HEZ 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. 19. FIRST READING ORDINANCE - (J-02-169) AMENDING CHAPTER 35, ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "COCONUT GROVE PARKING IMPROVEMENT TRUST FUND", BY AMENDING SECTION 35-224 OF THE CODE TO CLARIFY THE INSTALLMENT PAYMENT PROGRAM AND PROVIDING FOR A SECURITY DEPOSIT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 20. FIRST READING ORDINANCE - (J-02-035) AMENDING CHAPTER 56 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "TAXATION" TO GRANT AD VALOREM TAX EXEMPTIONS TO NEW AND EXPANDING BUSINESSES WITHIN THE AREA IN THE CITY OF MIAMI LOCATED IN THE ENTERPRISE ZONE; PROVIDING SCOPE AND TERMS OF EXEMPTIONS; PROVIDING PROCEDURES FOR APPLICATION AND RENEWAL, REVIEW BY THE DEPARTMENT OF REAL ESTATE AND ECONOMIC DEVELOPMENT, AND APPROVAL BY THE CITY COMMISSION; PROVIDING DEFINITIONS; PROVIDING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, INCLUSION IN THE CODE AND PROVIDING FOR AN EFFECTIVE DATE AND AN EXPIRATION DATE. PAGE 39 JULY 25 2002 FIRST READING ORDINANCE MOVED: WINTON SECONDED: GONZALEZ ABSENT: SANCHEZ WITHDRAWN RESOLUTIONS OFFICE OF ASSET MANAGEMENT 21. DISCUSSION CONCERNING THE DEVELOPMENT AND OPERATION OF AN AIR TRANSPORTATION FACILITY IN WATSON ISLAND. (This item was deferred from the meetings of May 23, and May 30, 2002) 22. RESOLUTION - (J-02-487) - (AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE GREATER MIAMI CONVENTION AND VISITORS BUREAU (THE "BUREAU") FOR THE BUREAU'S ISSUANCE OF A REQUEST FOR QUALIFICATIONS FOR A CONSTRUCTION MANAGER AT RISK AND ITS RESPONSIBILITY TO OVERSEE AND MANAGE THE CONSTRUCTION OF THE WATSON ISLAND REGIONAL AVIATION AND VISITORS CENTER. (This item was deferred from the meetings of May 23, 2002 and May 30, 2002) PAGE 40 JULY 25 2002 M-02-913 MOVED: WINTON SECONDED: SANCBEZ UNANIMOUS M-02-914 MOVED: WINTON SECONDED: GONZALEZ NAYS: ABSENT R-02-915 MOVED SANC]HEZ REGALADO WINTON SECONDED: TEELE ABSENT: REGALADO RESOLUTIONS CONT'D 23. RESOLUTION - (J-02-) - (APPROVING AMENDMENT NO. 1 TO THE SUBLEASE AGREEMENT BETWEEN BETTER WAY AND GREATER MIAMI SERVICE CORPS) APPROVING AMENDMENT NO. 1 TO THE SUBLEASE AGREEMENT BETWEEN BETTER WAY AND GREATER MIAMI SERVICE CORPS ("GMSC"), IN SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE FOR THE TERM OF THE SUBLEASE WITH GMSC TO RUN CONCURRENTLY WITH THE TERM OF THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND BETTER WAY AND WITH ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 24. RESOLUTION - (J-02-560) - (APPROVING AMENDMENT NO. 2 TO THE SUBLEASE BETWEEN BETTER WAY OF MIAMI, INC. ("BETTER WAY") AND GREATER MIAMI SERVICE CORPS ("GMSC") APPROVING AMENDMENT NO. 2 TO THE SUBLEASE BETWEEN BETTER WAY OF MIAMI, INC. ("BETTER WAY") AND GREATER MIAMI SERVICE CORPS ("GMSC"), IN SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE FOR THE INSTALLATION OF SEPARATE ELECTRICAL POWER SERVICE AND METER FOR GMSC THAN THAT OF BETTER WAY AT THE PREMISES LOCATED AT 810 NORTHWEST 28TH STREET, MIAMI, FLORIDA, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. (This item was deferred from the meeting of June 27, 2002) PAGE 41 JULY 25 2002 R-02-942 MOVED: GONZALEZ SECONDED: WINTON ABSENT: SANCBEZ R-02-943 MOVED: GONZALEZ SECONDED: WINTON ABSENT: SANCBEZ RESOLUTIONS CONT'D 25. RESOLUTION - (J-02- ) - (AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH WAGNER SQUARE, LLC) AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH WAGNER SQUARE, LLC, FOR DEVELOPMENT OF A MIXED INCOME, HOME OWNERSHIP DEVELOPMENT TO INCLUDE AN AFFORDABLE HOUSING COMPONENT ON APPROXIMATELY 2.7 ACRES LOCATED BETWEEN NORTHWEST 17TH AND 18TH STREETS AND NORTHWEST 14TH AND 15TH AVENUES, MIAMI, FLORIDA; AND DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR ITS CONSIDERATION. DOWNTOWN DEVELOPMENT AUTHORITY 26. RESOLUTION - (J-02-652) - (AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") TO ESTABLISH A PROPOSED MILLAGE RATE) AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") TO ESTABLISH A PROPOSED MILLAGE RATE OF ONE-HALF (1/2) MILL FOR THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003; AUTHORIZING AND DIRECTING THE DDA TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY TAX COLLECTOR, TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARINGS AT WHICH THE MIAMI CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE DDA TENTATIVE BUDGET FOR SAID FISCAL YEAR. PAGE 42 JULY 25 2002 R-02-896 MOVED: WINTON SECONDED: TEELE ABSENT: GONZALEZ R-02-897 MOVED: WINTON SECONDED: TEELE ABSENT: GONZALEZ RESOLUTIONS CONT'D DEPARTMENT OF MANAGEMENT AND BUDGET 27. RESOLUTION - (J-02-) - (COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA) COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003; DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. DEPARTMENT OF POLICE 28. RESOLUTION - (J-02-647) - (RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY) (4/5TNS VOTE) RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING A PURCHASE ORDER AND APPROVING THE ACQUISITION OF E-911 MAINTENANCE SERVICES FOR THE DEPARTMENT OF POLICE FROM AVAYA, INC., IN AN AMOUNT NOT TO EXCEED $69,000; ALLOCATING FUNDS FROM THE E-911 GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 196002.290461.6.670. PAGE 43 JULY 25 2002 (MODIFIED) MOVED: TEELE SECONDED: WINTON ABSENT: GONZALEZ R-02-939 MOVED: TEELE SECONDED: GONZALEZ ABSENT: SANCBEZ RESOLUTIONS CONT'D DEPARTMENT OF PUBLIC WORKS 29. RESOLUTION - (J-02-650) - (RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY) (4/5TNS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND ACCEPTING THE NOVEMBER 29, 2001 BID OF ADVANCED ROOFING, INC., (NON-MINORITY/NON-LOCAL VENDOR, 4345 NE 12TH TERRACE, FORT LAUDERDALE, FLORIDA) THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, PURSUANT TO INVITATION TO BID DATED OCTOBER 31, 2001, FOR THE PROJECT ENTITLED "ALLAPATTAH ELDERLY CENTER - ROOF REPLACEMENT PROJECT B-6380", IN THE AMOUNT OF $113,070; ALLOCATING FUNDS FROM PROJECTS NOS. 331414 AND 331362, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL APPROPRIATIONS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $113,070 FOR THE CONTRACT COSTS AND $2,820 FOR EXPENSES, FOR AN ESTIMATED TOTAL COST OF $115,890; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. PAGE 44 JULY 25 2002 R-02-940 MOVED: TEELE SECONDED: GONZALEZ ABSENT: SANCBEZ RESOLUTIONS CONT'D DEPARTMENT OF SOLID WASTE 30. RESOLUTION - (J-02- 563) - (APPROVING PROCUREMENT) APPROVING THE PROCUREMENT OF AN ICE-O-MATIC, MODEL NO. ICE 1806 FR ICEMAKING MACHINE WITH REQUIRED PARTS FOR THE DEPARTMENT OF SOLID WASTE FROM GULF ICE SYSTEMS, INC., (NON- MINORITY/NON-LOCAL VENDOR, 7790 SEARS BOULEVARD, PENSACOLA, FLORIDA) UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 40-650-99-1, EFFECTIVE THROUGH JANUARY 14, 2003, AND ANY EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $5,723; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECTS, ACCOUNT CODE NO. 353010.329402.6.840. (This item was deferred from the meeting of June 27, 2002) PAGE 45 JULY 25 2002 R-02-941 MOVED: TEELE SECONDED: GONZALEZ ABSENT: SANCBEZ 31 BOARDS AND COMMITTEES RESOLUTION - (APPOINTING CERTAIN INDIVIDUALS) APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Sylvano Bignon COMMISSION AT LARGE Andy Louis Charles COMMISSION AT LARGE Elena Carpenter COMMISSION AT LARGE Allen Sweeny COMMISSION AT LARGE RECOMMENDED BY: Robert Masrieh OFF-STREET PARKING AUTHORITY John Holcombe COCOANUT GROVE VILLAGE COUNCIL Kathleen Morris COCOANUT GROVE VILLAGE COUNCIL Valerie Ricordi COCOANUT GROVE VILLAGE COUNCIL Deferred COCOANUT GROVE VILLAGE COUNCIL PAGE 46 JULY 25 2002 R-02-906 MOVED: REGALADO SECONDED: SANCBEZ ABSENT: GONZALEZ NOTE: 32. DISCUSSION ITEMS 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. DISCUSSION CONCERNING THE STATUS OF THE PROPOSED NEW YEAR'S EVE MEGA CONCERT. PAGE 47 JULY 25 2002 M-02-887 MOVED: SANCBEZ SECONDED: WINTON ABSENT: GONZALEZ M-02-888 MOVED: TEELE SECONDED: SANCBEZ ABSENT: GONZALEZ M-02-923 MOVED: TEELE SECONDED: WINTON UNANIMOUS 33. DISCUSSION CONCERNING THE STATUS OF THE ISLAND GARDENS PROJECT ON WATSON ISLAND. NOT TAKEN UP PART B THE FOLLOWING ITEM SHALL BE HEARD AT A TIME CERTAIN OF 10:00 AM ITEM PZ 1 RESOLUTION— (J-02-686) REQUEST: Major Use Special Permit for the One Miami Parcel A Project LOCATION: Approximately 205 South Biscayne Boulevard APPLICANT(S): The Related Group of Florida APPLICANT(S) AGENT: Lucia Dougherty, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission, vote of 7-0. ZONING BOARD: N/A. *See supporting documentation. REQUEST: Consideration of a substantial modification to Resolution No. 98-1151, a Major Use Special Permit pursuant to Articles 13, 17 and 22 of Zoning Ordinance No. 11000, as amended, for the One Miami Parcel "A" Project, to be comprised of a residential complex with not more than 900 units, accessory recreational space, approximately 17,000 square feet of retail use, approximately 28,000 square feet of office uses and approximately 1,185 parking spaces; designating as a phased development; bifurcating from Resolution No. 98-1151 by ceding portions thereof; approving a Scour Mat Agreement and authorizing the City Manager to execute said Agreement. PURPOSE: This will allow mixed-use multistory structures on this site. PAGE 48 JULY 25 2002 R-02-858 (MODIFIED) MOVED: WINTON SECONDED: SANCHEZ UNANIMOUS THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 3:00 PM ITEM PZ 2 RESOLUTION— {J-02-492 (a) & J-02-492 (b)} REQUEST: Closing, Vacating, Abandoning and Discontinuing a Public Right -of -Way LOCATION: Portion of NE 55th Terrace Between NE 41h Court and the FEC Railroad APPLICANT(S): Mark's Classic Corporation APPLICANT(S) AGENT: Ben Fernandez, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: Recommended denial to City Commission, vote of 9-0. REQUEST: Closing, vacating, abandoning and discontinuing for public use of a public right- of-way. PURPOSE: This will provide a unified development site. PAGE 49 JULY 25 2002 R-02-883 MOVED: TEELE SECONDED: SANCBEZ ABSENT: GONZALEZ ITEM PZ 3 RESOLUTION— {J-02-618 (a) & J-02-618 (b)} REQUEST: Closing, Vacating, Abandoning and Discontinuing a Public Right -of -Way LOCATION: Portion of SW 14th Street Between SW 2 Avenue and the Metro -Rail Right -of -Way APPLICANT(S): BVT Development Partners II Brickell Thirteen, Inc. Florida Power & Light Company Miami -Dade County APPLICANT(S) AGENT: Judith Burke, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: Recommended denial. PLAT & STREET COMMITTEE: Recommended denial. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: Recommended denial to City Commission, vote of 7-1. REQUEST: Closing, vacating, abandoning and discontinuing for public use of a public right- of-way. PURPOSE: This will provide a unified commercial site. PAGE 50 JULY 25 2002 R-02-886 MOVED: SANCBEZ SECONDED: WINTON NAYS: TEELE ABSENT: GONZALEZ ITEM PZ 4 RESOLUTION— {J-02-669 (a) & J-02-669 (b)} REQUEST: Appeal of a Zoning Board Decision of Variances LOCATION: Approximately 1505-1551 NW 15 Street Road APPLICANT(S): Jubilee/Rio Del Sol, Inc. APPLICANT(S) AGENT: Francis V. Gudorf, Vice -President APPELLANT(S): Jubilee/Rio Del Sol, Inc. APPELLANT(S) AGENT: Francis V. Gudorf, Vice -President FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial of the appeal and denial of the variances. PUBLIC WORKS DEPARTMENT: No comments. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: Denied the variances, vote of 7-1. REQUEST: Appeal of a Zoning Board decision, which denied variances from Ordinance No. 11000, as amended, the Zoning Ordinance No. 11000 of the City of Miami, Article 4, Section 401, Schedule of District Regulations, to waive 48 of the required 185 parking spaces and to waive four of the required loading docks for an affordable housing project. PURPOSE: This will allow an affordable housing project with forty-eight (48) less required parking spaces and four (4) less required loading docks. PAGE 51 JULY 25 2002 CONTINUED TO SEPTEMBER 26, 2002 BY M-02-890 MOVED: TEELE SECONDED: SANCBEZ ABSENT: GONZALEZ ITEM PZ 5 SECOND READING ORDINANCE — (J-02-546) REQUEST: To Amend Ordinance 10544, from "Industrial' to "Medium Density Multifamily Residential' to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 2415 NW 16th Street Road APPLICANT(S): Jorge Muniz APPLICANT(S) AGENT: Vicky Garcia -Toledo, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: No comments. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval to City Commission, vote of 5-2. ZONING BOARD: See PZ 6. REQUEST: Consideration of amending Ordinance 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan by changing the land use designation from "Industrial" to "Medium Density Multifamily Residential". PURPOSE: This will allow residential development on the entire lot. NOTES: Passed First Reading on June 27, 2002. Moved by: Gonzalez, Seconded by: Sanchez, Nay: Winton. This is a companion item to PZ 6. PAGE 52 JULY 25 2002 ORDINANC3 12260 MOVED: GONZALEZ SECONDED: SANCHEZ UNANIMOUS ITEM PZ 6 SECOND READING ORDINANCE — (J-02-612) REQUEST: To Amend Ordinance 11000, from SD -4 Waterfront Industrial District and R-3 Multifamily Medium -Density Residential to R-3 Multifamily Medium -Density Residential to Change the Zoning Atlas LOCATION: Approximately 2415 NW 16th Street Road APPLICANT(S): Jorge Muniz APPLICANT(S) AGENT: Vicky Garcia -Toledo, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: No comments. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: See PZ 5. ZONING BOARD: Recommended approval to City Commission, vote of 6-2. REQUEST: Consideration of amending page no. 25 of the Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, by changing the zoning classification from SD -4 Waterfront Industrial District and R-3 Multifamily Medium -Density Residential to R-3 Multifamily Medium -Density Residential. PURPOSE: This will allow residential development on the entire lot. NOTES: Passed First Reading on June 27, 2002. Moved by: Teele, Seconded by: Gonzalez, Nay: Winton. This is a companion item to PZ 5. PAGE 53 JULY 25 2002 ORDINANCE 12261 MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS ITEM PZ 7 SECOND READING ORDINANCE — (J-02-552) REQUEST: To Amend Ordinance 10544, from "Duplex Residential' to "High Density Multifamily Residential' to Change the Future Land Use Element of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 42-140 NW 41 Avenue APPLICANT(S): BF Hospitality, LLC APPLICANT(S) AGENT: Adrienne Pardo, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended denial to City Commission, vote of 6-0. By a separate motion, regarding the application for land use change, the Board also recommended to the City Commission that if they were to so accept the voluntarily proffered covenant as part of the companion change to this item, that such a covenant should address the following issues: limitations on uses, height and setbacks, vote of 4-2. ZONING BOARD: See PZ 8. REQUEST: Consideration of amending Ordinance 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan by changing the land use designation from "Duplex Residential' to "High Density Multifamily Residential'. PURPOSE: This will allow a residential development. NOTES: Passed First Reading on July 09, 2002. Moved by: Regalado, Seconded by: Gonzalez, Unanimous. This is a companion item to PZ 8. PAGE 54 JULY 25 2002 ORDINANCE 12263 MOVED: REGALADO SECONDED: SANCHEZ ABSENT: GONZALEZ ITEM PZ 8 SECOND READING ORDINANCE — {J-02-568} REQUEST: To Amend Ordinance 11000, from R-2 Two -Family Residential and SD -12 Buffer Overlay District to R-4 Multifamily High -Density Residential to Change the Zoning Atlas LOCATION: Approximately 42-140 NW 41 Avenue APPLICANT(S): BF Hospitality, LLC APPLICANT(S) AGENT: Adrienne Pardo, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: No comments. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: See PZ 7. ZONING BOARD: Recommended denial to City Commission, vote of 5-4. REQUEST: Consideration of amending page no. 32 of the Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, by changing the zoning classification from R-2 Two -Family Residential and SD -12 Buffer Overlay Special Zoning District to R-4 Multifamily High -Density Residential. PURPOSE: This will allow a residential development. NOTES: Passed First Reading on July 09, 2002. Moved by: Regalado, Seconded by: Sanchez, Unanimous. This is a companion item to PZ 7. PAGE 55 JULY 25 2002 ORDINANCE 12264 MOVED: REGALADO SECONDED: SANCHEZ ABSENT: GONZALEZ ITEM PZ 9 SECOND READING ORDINANCE — (J-02-460) REQUEST: To Amend Ordinance 10544, from "Medium Density Multifamily Residential' to "Recreation" to Change the Future Land Use Element of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 601 NW 7th Street Road APPLICANT(S): Planning and Zoning Department APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval to City Commission, vote of 6-0. ZONING BOARD: N/A. REQUEST: Consideration of amending Ordinance 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan by changing the future land use designation from "Medium Density Multifamily Residential' to "Recreation". PURPOSE: This will allow a park. NOTES: Passed First Reading on June 27, 2002. Moved by: Teele, Seconded by: Sanchez, Unanimous. This is a companion item to PZ 10. PAGE 56 JULY 25 2002 ORDINANCE 12265 MOVED: TEELE SECONDED: SANCBEZ ABSENT: GONZALEZ, WINTON ITEM PZ 10 SECOND READING ORDINANCE — (J-02-461) REQUEST: To Amend Ordinance 11000, from R-3 Multifamily Medium Density Residential to PR Parks and Recreation to Change the Zoning Atlas LOCATION: Approximately 601 NW 7th Street Road APPLICANT(S): Planning and Zoning Department APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval to City Commission, vote of 6-0. ZONING BOARD: N/A. REQUEST: Consideration of amending page no. 35 of the Zoning Atlas of the City of Miami, by changing the zoning classification from R-3 Multifamily Medium Density Residential to PR Parks and Recreation. PURPOSE: This will allow a park. NOTES: Passed First Reading on June 27, 2002. Moved by: Teele, Seconded by: Winton, Unanimous. This is a companion item to PZ 9. PAGE 57 JULY 25 2002 ORDINANCE 12266 MOVED: TEELE SECONDED: SANCBEZ ABSENT: GONZALEZ, WINTON PAGE 58 JULY 25 2002 ITEM PZ 11 SECOND READING ORDINANCE — (J-02-352) WITHDRAWN REQUEST: To Amend Chapters 18, 38, 54, 55 and 62 of the Miami City Code LOCATION: N/A. APPLICANT(S): Public Works Department APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: N/A. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: N/A. REQUEST: Consideration of amending Chapters 18, 38, 54, 55 and 62 of the Code of the City of Miami, as amended, to require notice and public hearing prior to City Commission consideration of any matters relating to plat approvals, street closures and actions involving publicly owned lands, including but not limited to the renaming of city parks or streets; more particularly by amending Sections 18-176, 38-18, 54-136, 54-137, 55-8 and 62-128 of said Code. PURPOSE: This will allow public notices and public hearings prior to City Commission considerations of any matters relating to plat approvals, street closures and actions involving publicly owned lands. NOTES: Passed First Reading on April 25, 2002. Moved by: Teele, Seconded by: Winton, Unanimous. Continued from City Commission of June 27, 2002. ITEM PZ 12 FIRST READING ORDINANCE — (J-02-548) REQUEST: To Amend Ordinance 10544, from "Restricted Commercial' to "Major Institutional, Public Facilities, Transportation and Utilities" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 105 NW 5th Street APPLICANT(S): Planning and Zoning Department APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval to the City Commission, vote of 7-0. ZONING BOARD: N/A. REQUEST: Consideration of amending Ordinance 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan by changing the land use designation from "Restricted Commercial" to "Major Institutional, Public Facilities, Transportation and Utilities". PURPOSE: This will allow a clean up and update to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan. NOTES: Continued from City Commission of June 27, 2002. PAGE 59 JULY 25 2002 CONTINUED TO SEPTEMBER 26, 2002 BY M-02-891 MOVED: SANCBEZ SECONDED: TEELE ABSENT: GONZALEZ ITEM PZ 13 FIRST READING ORDINANCE — (J-02-549) REQUEST: To Amend Ordinance 10544, from "Industrial' to "Restricted Commercial' to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 610 SW 1St Avenue APPLICANT(S): Planning and Zoning Department APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval to the City Commission, vote of 7-0. ZONING BOARD: N/A. REQUEST: Consideration of amending Ordinance 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan by changing the land use designation from "Industrial" to "Restricted Commercial". PURPOSE: This will allow a clean up and update to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan. NOTES: Continued from City Commission of June 27, 2002. This is a companion item to PZ 14. PAGE 60 JULY 25 2002 CONTINUED TO SEPTEMBER 26, 2002 BY M-02-893 MOVED: SANCBEZ SECONDED: TEELE ABSENT: GONZALEZ ITEM PZ 14 FIRST READING ORDINANCE — (J-02-550) REQUEST: To Amend Ordinance 11000, from SD -4 "Waterfront Industrial District" to SD -7 "Central Brickell Rapid Transit Commercial -Residential District" to Change the Zoning Atlas LOCATION: Approximately 610 SW 1St Avenue APPLICANT(S): Planning and Zoning Department APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval to the City Commission, vote of 7-0. ZONING BOARD: N/A. REQUEST: Consideration of amending page no. 36 of the Zoning Atlas of Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, by changing the zoning classification from (SD -4) "Waterfront Industrial District" to (SD -7) "Central Brickell Rapid Transit Commercial -Residential District". PURPOSE: This will allow a clean up and update to the Zoning Atlas of the City of Miami. NOTES: Continued from City Commission of June 27, 2002. This is a companion item to PZ 13. PAGE 61 JULY 25 2002 CONTINUED TO SEPTEMBER 26, 2002 BY M-02-893 MOVED: SANCBEZ SECONDED: TEELE ABSENT: GONZALEZ ITEM PZ 15 FIRST READING ORDINANCE — (J-02-551) REQUEST: To Amend Ordinance 10544 Text LOCATION: N/A. APPLICANT(S): Carlos A. Gimenez, Miami City Manager APPLICANT(S) AGENT: N/A APPELLANT(S): N/A APPELLANT(S): AGENT: N/A FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval to City Commission, vote of 7-0. ZONING BOARD: N/A. REQUEST: Consideration of amending Ordinance 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000 by amending the "Interpretation of the Future Land Use Map" Section of the Goals, Objectives and Policies, in order to add a new land use category entitled "Light Industrial". PURPOSE: This will create a new land use category entitled "Light Industrial". NOTES: Continued from City Commission of June 27, 2002. PAGE 62 JULY 25 2002 CONTINUED TO SEPTEMBER 26, 2002 BY M-02-893 MOVED: SANCBEZ SECONDED: TEELE ABSENT: GONZALEZ ITEM PZ 16 FIRST READING ORDINANCE — (J-02-571) REQUEST: To Amend Ordinance 11000 Text LOCATION: APPLICANT(S): APPLICANT(S) AGENT: APPELLANT(S): APPELLANT(S): AGENT: FINDINGS: N/A. Carlos A. Gimenez, Miami City Manager N/A. N/A. N/A. PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval to City Commission, vote of 7-1. ZONING BOARD: N/A. REQUEST: Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 9, "General and Supplementary Regulations" Section 917.3.2 in order to modify the effective date of such provisions related to surface parking within the CBD Central Business District, SD -5 Brickell Avenue area Office -Residential District, SD -6 Central Commercial Residential Districts, SD -7 Central Brickell Rapid Transit Commercial -Residential District, SD -20 Edgewater Overlay District, and the Community Redevelopment Areas (CRA areas) of Southeast Overtown Park/West and Omni, to January 31, 2003. PURPOSE: This will modify the effective date of provisions related to surface parking lots within the City of Miami. NOTES: Continued from City Commission of June 27, 2002. PAGE 63 JULY 25 2002 CONTINUED TO SEPTEMBER 26, 2002 BY M-02-893 MOVED: SANCBEZ SECONDED: TEELE ABSENT: GONZALEZ ITEM PZ 17 FIRST READING ORDINANCE — (J-02-679) REQUEST: To Amend Ordinance 10544, from "High Density Multifamily Residential' to "Medium Density Multifamily Residential" Change the Future Land Use Designation of the Comprehensive Neighborhood Plan LOCATION: Approximately an Area Bounded by SW 1St Street to the North, Bounded by SW 7tn Street to the South, including the Northern '/2 of Block 49, Bounded by SW 4tn Avenue to the East, Bounded by SW Stn Avenue to the West, and the Following Addresses 380 SW 4th Street, 427, 435, 443, 501-521, 525, 541 SW 4tn Avenue and 369-71 SW Stn Street APPLICANT(S): Planning and Zoning Department APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval to the City Commission, vote of 9-0. ZONING BOARD: N/A. REQUEST: Consideration of amending Ordinance No. 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan by changing the future land use designation from "High Density Multifamily Residential' to "Medium Density Multifamily Residential'. PURPOSE: This will allow a clean up and update to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan. PAGE 64 JULY 25 2002 CONTINUED TO SEPTEMBER 26, 2002 BY M-02-893 MOVED: SANCBEZ SECONDED: TEELE ABSENT: GONZALEZ ITEM PZ 18 FIRST READING ORDINANCE — (J-02-678) REQUEST: To Amend Ordinance 11000, from (CBD) "Central Business District" to (G/1) "Government and Institutional' to Change the Zoning Atlas LOCATION: Approximately 73 W Flagler Street APPLICANT(S): Planning and Zoning Department APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval to the City Commission, vote of 9-0. ZONING BOARD: N/A. REQUEST: Consideration of amending page no. 36 of the Zoning Atlas of Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, by changing the zoning classification from (CBD) "Central Business District" to (G/1) "Government and Institutional'. PURPOSE: This will allow a clean up and update to the Zoning Atlas of the City of Miami. PAGE 65 JULY 25 2002 CONTINUED TO SEPTEMBER 26, 2002 BY M-02-893 MOVED: SANCBEZ SECONDED: TEELE ABSENT: GONZALEZ THE FOLLOWING ITEM SHALL NOT BE CONSIDERED BEFORE 5:00 PM ITEM PZ 19 RESOLUTION— {J-00-775 (a) & J-00-775 (b)} REQUEST: Appeal of a Historic and Environmental Preservation Board Decision LOCATION: Approximately 2015 South Bayshore Drive APPLICANT(S): Ransom Everglades School APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire APPELLANT(S): Benedict Kuehne, Lynn Kislak, Irwin Gars, Diane Gars, and Brenton and Anthea VerPloeg APPELLANT(S) AGENT: W. Tucker Gibbs, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial of appeal. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. HISTORIC PRESERVATION BOARD: Approved the Certificate of Approval with conditions*, vote of 4-2. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: N/A. *See supporting documentation. REQUEST: Appeal of a Historic and Environmental Preservation Board decision, which approved a Certificate of Approval with conditions for the removal and relocation of trees for the installation of playing (ball) fields, for the property located within Environmental Preservation District 443-4 and along the South Bayshore Drive Scenic Transportation Corridor. PURPOSE: This will allow a tree removal and relocation for the installation of playing fields. NOTES: Continued from City Commission of June 27, 2002. PAGE 66 JULY 25 2002 CONTINUED TO SEPTEMBER 26, 2002 BY M-02-882 MOVED: WINTON SECONDED: SANCHEZ ABSENT: GONZALEZ THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 5:30 PM ITEM PZ 20 SECOND READING ORDINANCE — (J-02-670) LOCATION: APPLICANT(S): APPLICANT(S) AGENT: APPELLANT(S): APPELLANT(S) AGENT: FINDINGS: REQUEST: Additional 45 -Day Delay on Personal Wireless Service Facilities N/A. Carlos A. Gimenez, Miami City Manager N/A. N/A. N/A. PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: N/A. REQUEST: An ordinance imposing an additional forty-five day delay (to September 20, 2002) in acceptance, processing, placement, construction or modification of personal wireless service facility towers and mono -poles for the specific purpose of reviewing Articles 4 and 6 of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami; providing for a term; providing for pending applications; and providing for administrative and judicial review. PURPOSE: This will impose an additional forty-five day delay (to September 20, 2002) in acceptance, processing, placement, construction or modification of personal wireless service facility towers and mono -poles. NOTES: Passed First Reading on July 09, 2002. Moved by: Winton, Seconded by: Teele, Absent: Sanchez, Gonzalez. PAGE 67 JULY 25 2002 ORDINANCE 12262 MOVED: TEELE SECONDED: SANCBEZ ABSENT: GONZALEZ ITEM PZ 21 RESOLUTION— {J-02-490 (a) & J-02-490 (b)} REQUEST: Appeal of a Zoning Board Decision of an Appeal of a Class II Special Permit LOCATION: Approximately 401 Biscayne Boulevard APPLICANT(S): City of Miami, Owner City of Miami, Lessee Raceworks, LLC APPLICANT(S) AGENT: N/A. APPELLANT(S): Homestead Miami Speedway, LLC APPELLANT(S) AGENT: Jorge Luis Lopez, Esquire Gabriel E. Nieto, Esquire Juan Carlos Antorcha, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial of the appeal, approval of the Class II Special Permit. PUBLIC WORKS DEPARTMENT: No comments. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: Denied of the appeal, vote of 7-2. REQUEST: Appeal of a Zoning Board decision, which denied an appeal by Mr. Andre J. Zamorano, Esquire, of a Class II Special Permit application number 02- 007 issued by the Planning and Zoning director on January 10, 2002, to allow permanent road improvements in Bayfront Park in association with a temporary event. PURPOSE: This will allow permanent road improvements in Bayfront Park in association with a temporary event. NOTES: Continued from City Commission of June 27, 2002. PAGE 68 JULY 25 2002 CONTINUED TO SEPTEMBER 26, 2002 AT 3:00 PM BY M-02-892 MOVED: WINTON SECONDED: SANCHEZ ABSENT: GONZALEZ