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Home My WebLink AboutCC 1998-04-28 Marked AgendaMAYOR & PRESIDING OFFICER JOE CARC, y o MANAGER COMMISSIONER WIFREDO Y) GORT �� 11 IOSE NDRO .. "`ELL.,A ♦ aTTORNEY ALEJANDRC �'' ELLO :OMMISSIO(�n R HUMBER1 _ HERNANDEZ 7S CITY CLERK WALTER J. F^cM �N COMMiSSIC�N_R J.L. PLUMMER JR. COIMMiSSiCiNER TOMAS REGALADO �.'McoA P INAreI r - COMMISSIONER ARTHUR E. TEELE JR. J CITY COMMISSION AGENDA MEETING DATE: APRIL 28 , 1998 CITY HALL 3500 PAN AMERICAN DRIVE ANY PERSON WHO ACTS AS A LOBB-YfST PURSUANT TO CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL.. ANY PERSON 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 /N THE COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. PLANNING & ZONING CITY COMMISSION MEETING • THIS MEETING SHALL CONVENE AT 9:30 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. Should any person desire to appeal any decision of the Miami City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based. * * * * * * * * * * * * * 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 2 APRIL 28, 1998 CONSENT AGENDA Item 1 which is comprised of items CA-1 through CA- 14 has been scheduled to be heard as a group or as announced by the Commission. PUBLIC HEARINGS Item 2 through 3 may be heard in the numbered sequence or as announced by the Commission. PERSONAL APPEARANCES Item 4 may be heard in the numbered sequence or as announced by the Commission. GENERAL LEGISLATIVE ITEMS Items 5 through 20 may be heard in the numbered sequence or as announced by the Commission. COMMISSION DISCUSSION ITEMS Items 21 through 24 may be heard in the numbered sequence or as announced by the Commission. BOARDS AND COMMITTEES There are no Board and Committee items for this meeting. PLANNING AND ZONING ITEMS Items PZ-1 through PZ-18 may be heard after 2:00 p.m. in the numbered sequence or as announced by the Commission. P 9 'x A (s s i Y PART "A": NON -PLANNING & ZONING ITEMS BEGINNING AT 10:00 AM: ITEMS 1 THROUGH 24. PART "B": BEGINNING AFTER 2:00 PM: ITEMS PZ-1 THROUGH PZ- 18. 9:30 AM INVOCATION AND PLEDGE OF ALLEGIANCE A. PRESENTATIONS & PROCLAMATIONS OFFICER OF THE MONTH - FEBRUARY 1998 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-14 constitute the Consent Agenda. These resolutions are self- explanatory and are not expected to require additional review or discussion. Each item will be recorded as individually numbered resolutions, adopted unanimously by the following motion: ....... that the Consent Agenda comprised of items CA-1 through CA-14 be adopted..." The President Officer or City Clerk shall state the following: "Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda? Hearing none, the vote on the adoption of the Consent Agenda will now be taken." CA-1 RESOLUTION - (J-98- 455) - (ESTABLISHING POLICY) ESTABLISHING A CITY COMMISSION POLICY GOVERNING THE DONATION OF RETIRED POLICE SERVICE DOGS PREVIOUSLY ISSUED FOR INDIVIDUAL USE BY SWORN PERSONNEL OF THE MIAMI POLICE DEPARTMENT IN ACCORDANCE WITH THE HEREIN ENUMERATED STANDARDS AND CRITERIA TO BE FOLLOWED IN REGARD TO SUCH DONATION; FURTHER, CATEGORIZING ALL SAID POLICE SERVICE DOGS AS CATEGORY "A" SURPLUS STOCK, PURSUANT TO SECTION 18.75 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED PAGE 3 APRIL 28, 1998 DELIVERED SEE SUPPLEMENTAL AGENDA R-98-406 MOVED: SECONDED: UNANIMOUS PLUMMER GORT PAGE 4 APRIL 28, 1998 CA-2 CONSENT AGENDA CONT'D RESOLUTION - (J-98- 454) - (ESTABLISHING POLICY) ESTABLISHING A CITY COMMISSION POLICY GOVERNING THE DONATION OF BICYCLES PREVIOUSLY ISSUED FOR INDIVIDUAL USE BY SWORN PERSONNEL OF THE MIAMI POLICE DEPARTMENT IN ACCORDANCE WITH THE HEREIN ENUMERATED STANDARDS AND CRITERIA TO BE FOLLOWED IN REGARD TO SUCH DONATION.; FURTHER, CATEGORIZING ALL SUCH BICYCLES AS CATEGORY "A" SURPLUS STOCK, PURSUANT TO SECTION 18.75 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. CA-3 RESOLUTION - (J-98-453) - (APPROVING PURCHASE) APPROVING THE PURCHASE OF CERVICAL COLLARS FOR THE DEPARTMENT OF FIRE -RESCUE, FROM AERO PRODUCTS CORP., UNDER EXISTING DADE COUNTY CONTRACT NO. 5241-1/98-1, ON AN AS NEEDED CONTRACT BASIS UNTIL MARCH 31, 1999, AT A TOTAL PROPOSED AMOUNT NOT TO EXCEED $37,000.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 001000.280501.6.714; AUTHORIZING THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID ACQUISITION. DEFERRED R-98-407 MOVED: SECONDED: UNANIMOUS PLUMMER GORT CA-4 CONSENT AGENDA CONT'D RESOLUTION - (J-98- 447) - (ACCEPTING BID) ACCEPTING THE BID OF ED MORSE FLEET SALES FOR THE PROCUREMENT OF TWO 1998 GMC 2500, 4X4 SUBURBAN UTILITY VEHICLES, IN A TOTAL AMOUNT OF $68,497.18, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FOR USE BY THE URBAN SEARCH AND RESCUE TEAM OF THE DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, "SOUTH FLORIDA URBAN SEARCH", PROJECT NO. 313826, STATE OF FLORIDA GRANT; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER FOR SAID VEHICLES. CA-5 RESOLUTION - (J-98-452) - (APPROVING REFURBISHING) APPROVING THE REFURBISHING AND REBUILDING OF THE SOLID WASTE DEPARTMENT'S TRASH CRANES FROM B & B WELDING SERVICES, GENERAL WELDING SERVICES, HYDRAULIC SALES & SERVICES, AND J.C. INDUSTRIAL MANUFACTURING CORP., UNDER MIAMI- DADE COUNTY HEAVY EQUIPMENT WELDING FABRICATION CONTRACT NO. 0439-0/00-2, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, ON AN AS NEEDED CONTRACT BASIS THROUGH JANUARY 31, 1999, WITH THE OPTION TO EXTEND FOR TWO(2) ADDITIONAL ONE (1) YEAR PERIODS, AT A TOTAL PROPOSED ANNUAL AMOUNT OF $300,000.00; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT NO. 311702; "HEAVY EQUIPMENT PLUS WASH REPLACEMENT'; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS FOR SAID SERVICES. PAGE 5 APRIL 28, 1998 R-98-408 MOVED: SECONDED: UNANIMOUS R-98-409 MOVED: SECONDED: UNANIMOUS PLUMMER GORT PLUMMER GORT CA-6 CA-7 CONSENT AGENDA CONT'D RESOLUTION - (J-98- 451 ) - (ACCEPTING BID) ACCEPTING THE BID OF SECURITY EQUIPMENT CORP., A FEMALE/NON-LOCAL VENDOR, FOR THE ACQUISITION OF AN OLEORESIN CAPSICUM (OC) AEROSOL DELIVERY SYSTEM FOR THE DEPARTMENT OF POLICE, AT A TOTAL PROPOSED ANNUAL COST OF $6,925.00, ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.722; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION. RESOLUTION - (J-98- 456) - (ACCEPTING BID) RESCINDING THE BID AWARD TO BENDEL CORPORATION, IN THE AMOUNT OF $5,640, FOR THE FURNISHING OF MARINA CLEANING SERVICES AT MIAMIRINA BAYSIDE FOR FAILING TO PROVIDE THE REQUIRED SERVICES TO THE DEPARTMENT OF PUBLIC FACILITIES, AND AWARDING THE BID TO MR. CLEAN RELIABLE SERVICE, INC., THE THIRD LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE FURNISHING OF MARINA CLEANING SERVICES AT MIAMARINA BAYSIDE UNTIL OCTOBER 26, 1998, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE YEAR PERIODS. AT AN ANNUAL AMOUNT NOT TO EXCEED $9,564.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 413000.350505.6.340; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. PAGE 6 APRIL 28, 1998 R-98-410 MOVED: SECONDED: UNANIMOUS R-98-411 MOVED: SECONDED: UNANIMOUS PLUMMER GORT PLUMMER GORT CONSENT AGENDA CONT'D CA-8 RESOLUTION - (J-98- 444) - (EXTENDING EXISTING LEASE WITH MIAMI-DADE COUNTY) AUTHORIZING THE CITY MANAGER TO EXTEND THE EXISTING LEASE WITH MIAMI-DADE COUNTY, DATED SEPTEMBER 3, 1985, FOR AN ADDITIONAL ONE-YEAR PERIOD TO EXPIRE APRIL 30, 1999, FOR THE LEASE OF APPROXIMATELY 400 S.F. OF SPACE AND ROOFTOP SPACE AT THE STEPHEN P. CLARK CENTER LOCATED AT 111 NW 1ST STREET, MIAMI, FLORIDA, FOR OPERATION OF CITY TELECOMMUNICATIONS EQUIPMENT UTILIZED IN CONNECTION WITH THE POLICE AND FIRE RADIO SYSTEM; SAID LEASE RENEWAL SHALL BE SUBJECT TO THE SAME TERMS AND CONDITIONS EXCEPT RENT WHICH SHALL BE INCREASED FROM $10,890.00 TO $11,434.56 PER YEAR TO COVER INCREASES IN BUILDING OPERATING COSTS; ALLOCATING FUNDS THEREFOR FROM GENERAL SERVICES ADMINISTRATION DEPARTMENT, ACCOUNT NO. 506000.420601.6.620; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND THIS LEASE FOR ADDITIONAL ONE YEAR PERIODS, SUBJECT TO THE SAME TERMS AND CONDITIONS, EXCEPT RENT, WHICH MAY BE INCREASED TO COVER INCREASES IN BUILDING OPERATING COSTS. CA-9 RESOLUTION - (J-98- 449) - (AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICE AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE GALLAGHER-WESTFALL GROUP, INC., FOR A PERIOD OF THREE (3) WEEKS, TO PROVIDE SUPERVISORY AND MANAGERIAL TRAINING FOR THE CITY OF MIAMI POLICE DEPARTMENT AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $44,235.00, FROM THE LAW ENFORCEMENT TRAINING TRUST FUND, ACCOUNT CODE 136002.290506.6.410. PAGE 7 APRIL 28, 1998 R-98-412 MOVED: PLUMMER SECONDED: GORT UNANIMOUS R-98-413 MOVED: PLUMMER SEOONDED: GORT UNANIMOUS CA-10 CONSENT AGENDA CONT'D RESOLUTION - (J-98-400) - (AUTHORIZING REQUEST FOR PROPOSALS) AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS ("RFP"), IN SUBSTANCIALLY THE ATTACHED FORM, TO SOLICIT PROPOSALS FOR A FRAME RELAY NETWORK FOR THE CITY OF MIAMI'S COMMUNICATIONS INFRASTRUCTURE; FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE MOST RESPONSIVE PROPOSAL TO THE CITY COMMISSION FOR ITS REVIEW AND CONSIDERATION. PAGE 8 APRIL 28, 1998 R-98-414 MOVED: PLUMMER SECONDED: GORT UNANIMOUS CA-11 RESOLUTION - (J-98- 448) - (AUTHORIZING I DEFERRED PURCHASE) AUTHORIZING THE CITY MANAGER TO ACQUIRE THREE DUPLEXES, IN THE NARANJA AREA OF MIAMI-DADE COUNTY, FORMERLY OWNED BY CHRISTIAN COMMUNITY SERVICE AGENCY; ALLOCATING FUNDS FROM THE FY 1997 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM GRANT (ACCOUNT NO. 194005.590605.6860.94654) IN AN AMOUNT NOT TO EXCEED $200,000, FOR THE PROVISION OF HOUSING ASSISTANCE TO VERY LOW INCOME PERSONS WITH HIV/AIDS; FURTHER, AUTHORIZING THE CITY MANAGER TO NEGOTIATE FOR THE TRANSFER AND OPERATION OF SAID PROPERTIES WITH THE SOUTH FLORIDA JAIL MINISTRIES/AGAPE WOMEN'S CENTER (AGAPE); FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND ANY AMENDMENTS THERETO, WITH CERTAIN TERMS AND CONDITIONS, FOR THE CONVEYANCE OF THE SUBJECT PROPERTIES TO SOUTH FLORIDA JAIL MINISTRIES/AGAPE WOMEN'S CENTER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. CA-12 CA-13 CONSENT AGENDA CONT'D RESOLUTION - (J-98- 452) - (APPROVING REPAIRS) APPROVING THE PROCUREMENT OF SWIMMING POOL REPAIRS FROM L.A.W. CONSTRUCTION, INC., ON AN AS -NEEDED CONTRACT BASIS, UNDER MIAMI-DADE COUNTY CONTRACT NO. 3037-0197 "CONCRETE RESTORATION" FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, AT A TOTAL COST NOT TO EXCEED $29,000.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 504000.420119.6.670; FURTHER AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER FOR SAID REPAIRS. RESOLUTION - (J-98- 446) - (INVITATION TO BID) RESOLUTION, WITH ATTACHMENTS, WAIVING CERTAIN COMPETITIVE BIDDING REQUIREMENTS PERTAINING TO THE DISPOSITION OF CITY -OWNED PROPERTY UNDER THE AFFORDABLE HOUSING EXCEPTION PROVIDED IN SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, AS AMENDED, AND AUTHORIZING THE CITY MANAGER TO ISSUE AN INVITATION TO BID, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SALE OF APPROXIMATELY 12.6 ACRES OF SURPLUS CITY - OWNED REAL PROPERTY WITH IMPROVEMENTS LOCATED AT 2301 N.W. 10T" AVENUE, MIAMI, FLORIDA, COMMONLY KNOWN AS THE BOBBY MADURO MIAMI BASEBALL STADIUM FOR THE PURPOSE OF DEVELOPING AFFORDABLE HOUSING, WITH A MINIMUM BID PRICE OF $900,000; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PURCHASE AND SALE AGREEMENT AND TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR FINAL APPROVAL. PAGE 9 APRIL 28, 1998 R-98-415 MOVED: SECONDED: UNANIMOUS R-98-416 MOVED: SECONDED: UNANIMOUS PLUMMER GORT PLUMMER GORT CONSENT AGENDA CONT'D CA-14 RESOLUTION - (J-98-430) - (INCREASING CONTRACT) CONTINUING THE ENGAGEMENT OF GOVERNMENT SERVICES GROUP, INC., NABORS, GIBLIN & NICKERSON, P.A., AND DAVID M. GRIFFITH & ASSOCIATES, LTD., WITH RESPECT TO THE PROVISION OF SPECIALIZED CONSULTING SERVICES FOR THE STRUCTURE, DEVELOPMENT AND IMPLEMENTATION OF A NON AD -VALOREM ASSESSMENT PROGRAM FOR THE FUNDING OF FIRE RESCUE SERVICES; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $95,000.00, FROM SPECIAL REVENUE FUND FOR SAID SERVICES. END OF CONSENT AGENDA PAGE 10 APRIL 28, 1998 R-98-420 MOVED: PLUMMER SECONDED: GORT NAYS: HERNANDEZ 2. 3. PUBLIC HEARINGS RESOLUTION - (J-98-428) - (ESTABLISHING THE RATE OF ASSESSMENT) RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; ESTABLISHING THE RATE OF ASSESSMENT; IMPOSING FIRE RESCUE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF MIAMI; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION - (J-98- 451) - (SOLE SOURCE) (4/5THS VOTE) A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE, FOR THE PURCHASE OF XTS 3000, MTS 2000, LTS 2000 PORTABLE RADIOS WITH SMARTNET SOFTWARE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE INITIAL PURCHASE OF THIRTY- NINE LTS 2000 PORTABLE RADIOS WITH SMARTNET SOFTWARE FROM MOTOROLA, INC.; THE SOLE SOURCE PROVIDER, AT A TOTAL COST NOT TO EXCEED $45,000.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE 799211.452264.6.940. PAGE I APRIL 28, 1998 R-98-419 MOVED: PLUMMIER SECONDED: TEELE NAYS: HERNANDEZ R-98-423 MOVED: HERNANDEZ SECONDED: TEELE UNANIMOUS PERSONAL APPEARANCE 4. MR. ELLIOT KAPLAN, OF COCONUT PRODUCTIONS, TO ADDRESS THE COMMISSION CONCERNING PLAN FOR A NEW YEAR'S EVE PARTY IN PEACOCK AND MYERS PARK. (This item was deferred from the meeting of April 14, 1998). PAGE 12 APRIL 28, 1998 DENIED BY M-98-422 MOVED: GORT SECONDED: TEELE UNANIMOUS ORDINANCE -EMERGENCY 5. EMERGENCY ORDINANCE - (J-98- 455) (4/5THS VOTE) (NOTE: This item is being presented as an emergency measure on the ground of urgent public need for the preservation of the health, safety, and welfare of the citizens of Miami. AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 1998" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE ESTIMATED AMOUNT OF $471,000, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH THE FLORIDA DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. NOTE: Item 5 is related to item 6. PAGE 13 APRIL 28, 1998 EMERGENCY ORDINANCE 11646 MOVED: HERNANDEZ SECONDED: REGALADO UNANIMOUS ORDINANCE - EMERGENCY CONT'D 6. RESOLUTION - (J-98-) - (AUTHORIZING METROPOLITAN DADE COUNTY TO ACCEPT BID ON BEHALF OF THE CITY OF MIAMI) AUTHORIZING MIAMI-DADE COUNTY ON BEHALF OF THE CITY OF MIAMI TO ADVERTISE FOR, EVALUATE, AND ACCEPT THE BID(S) OF A VENDOR OR VENDORS TO PROVIDE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) APPROVED MEALS TO ELIGIBLE CHILDREN FOR THE CITY'S SUMMER FOOD SERVICE PROGRAM 1998; FURTHER AUTHORIZING MIAMI- DADE COUNTY TO ENTER INTO THE NECESSARY CONTRACT(S) WITH THE SUCCESSFUL BIDDER(S) FOR SAID PURPOSE; AND DIRECTING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE THE NECESSARY PURCHASE ORDER(S), SAID AUTHORIZATIONS BEING SUBJECT TO AND CONDITIONED UPON THE CITY OF MIAMI'S ACCEPTANCE OF A GRANT IN THE ESTIMATED AMOUNT OF $471,000 FROM USDA THROUGH THE FLORIDA DEPARTMENT OF EDUCATION AND UPON APPROPRIATION OF SAID FUNDS FOR THE 1998 CITY'S SUMMER FOOD SERVICE PROGRAM. NOTE: Item 6 is related to item 5. PAGE 14 APRIL 28, 1998 R-98-424 MOVED: HERNANDEZ SECONDED: REGALADO UNANIMOUS PAGE 15 APRIL 28, 1998 ORDINANCE - EMERGENCY CONT'D 7. EMERGENCY ORDINANCE - (J-98-330) (4/5THS VOTE) AMENDING SECTIONS 1, 3, AND 5 OF ORDINANCE NO. 11563, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1998, FOR THE PURPOSE OF INCREASING SAID APPROPRIATIONS RELATING TO OPERATIONAL REQUIREMENTS AND TO OTHER REQUIRED BUDGETARY ADJUSTMENTS AS ARE MORE PARTICULARLY DESCRIBED HEREIN; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. (This item was deferred from the meeting of March 24, 1998). EMERGENCY ORDINANCE (AS MODIFIED) 11647 MOVED: TEELE SEODNDED: PLUMMER UNANIMOUS 8. 9 ORDINANCES - FIRST READING FIRST READING ORDINANCE - (J-98-389) AMENDING CHAPTER 54, ARTICLE 1, SECTION 54-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "USING STREET OR SIDEWALK FOR ADVERTISING OR DISPLAY PURPOSES, EXCEPTIONS; PERMIT AND FEE," THEREBY ADDING AN EXCEPTION TO ALLOW FOR THE INSTALLATION OF LITTER BINS FOR ADVERTISING OR DISPLAY PURPOSES SUBJECT TO APPLICABLE RULES, REGULATIONS, ORDINANCES AND STATUTES GOVERNING THE LOCATION, INSTALLATION AND MAINTENANCE OF SUCH BINS; AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS FOR THE INSTALLATION AND MAINTENANCE OF SUCH BINS SUBJECT TO THE APPROVAL OF THE CITY COMMISSION; CONTAINING REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. FIRST READING ORDINANCE - (J-98- 360) AMENDING ORDINANCE NO. 11332, ADOPTED JANUARY 25T" 1996, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "GANG RESISTANCE EDUCATION AND TRAINING;" BY INCREASING SAID APPROPRIATIONS, IN THE AMOUNT OF $85,000.00, CONSISTING OF A GRANT FROM THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. PAGE 16 APRIL 28, 1998 FIRST READING ORDINANCE MOVED: GORT SECONDED: REGALADO UNANIMOUS FIRST READING ORDINANCE MOVED: REGALADO SECONDED: GORT UNANIMOUS PAGE 17 APRIL 28, 1998 ORDINANCE - FIRST READING CONT'D 10. FIRST READING ORDINANCE - (J-98- 182) AMENDING SECTION 40-250 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED"RIGHT OF CERTAIN PERSON TO REJECT MEMBERSHIP AS IT RELATES TO THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST ("GESE TRUST"); PROVIDING THAT: (1) THE CITY ATTORNEY, ASSISTANT CITY MANAGERS, AND SPECIAL ASSISTANTS TO THE CITY MANAGER, SHALL PARTICIPATE IN A PUBLIC TRUST FUND APPROVED BY THE CITY COMMISSION; (2) CERTAIN CONTRIBUTIONS MADE TO THE PUBLIC TRUST FUND ON BEHALF OF HEREIN DESIGNATED EMPLOYEES SHALL BE AT A RATE OF TWENTY PERCENT (20%) OF THE EMPLOYEES' ANNUAL BASE SALARY; (3) CONTRIBUTIONS, IF ANY, BY THE HEREIN DESIGNATED EMPLOYEES SHALL BE PICKED UP BY THE CITY AT A RATE NOT TO EXCEED EIGHT PERCENT (8%) OF THE EMPLOYEES' ANNUAL BASE SALARY; AND (4) THAT HEREIN DESIGNATED EMPLOYEES SHALL TAKE ACTUAL OR CONSTRUCTIVE RECEIPT OF ALL CONTRIBUTIONS MADE ON HIS OR HER BEHALF PRIOR TO REACHING AGE 55 OR UPON BECOMING PERMANENTLY AND TOTALLY DISABLED, IF SO PROVIDED IN SAID TRUST AGREEMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. NO ACTION TARN DEFERRED TO NEXT MEETING 11 NOTE 12. ORDINANCE - FIRST READING CONT'D FIRST READING ORDINANCE - (J-98-342) ESTABLISHING A SPECIAL REVENUE FUND ENTITLED "SOUTH FLORIDA URBAN SEARCH AND RESCUE FL- TF2" FOR THE PURPOSE OF RECEIVING AND DISBURSING FUNDS TO BE PAID TO THE CITY BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, ("FEMA") AND/OR THE STATE OF FLORIDA ("STATE") AS REIMBURSEMENTS FOR ACTIVITIES UNDERTAKEN BY THE CITY PURSUANT TO THE TERMS OF THE MEMORANDUM OF AGREEMENT, ENTERED INTO BY AND BETWEEN THE CITY, THE STATE AND FEMA, UNDER WHICH THE CITY RECRUITS, AND SPONSORS AN URBAN SEARCH AND RESCUE TASK FORCE; AND APPROPRIATING FUNDS THEREFOR, IN THE AMOUNT OF $1,032,154, FOR THE OPERATION OF SAME; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. Item 11 is related to item 12. FIRST READING ORDINANCE - (J-98-398) AMENDING SECTION 18-84 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "EMERGENCY PURCHASES", THEREBY AUTHORIZING THE CITY MANAGER TO EXPEND UP TO ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) FOR PURCHASES OF GOODS AND/OR SERVICES REQUIRED PURSUANT TO AN ACTIVATION OF THE URBAN SEARCH AND RESCUE TASK FORCE, PURSUANT TO THE TERMS OF THE MEMORANDUM OF UNDERSTANDING, ENTERED INTO BY AND BETWEEN THE CITY OF MIAMI, THE STATE OF FLORIDA, AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY, AND TO WAIVE COMPETITIVE BIDDING METHODS IN CONNECTION WITH SUCH PURCHASES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. NOTE: Item 12 is related to item 11. PAGE 18 APRIL 28, 1998 FIRST READING ORDINANCE MOVED: GORT SECONDED: REGALADO UNANIMOUS FIRST READING ORDINANCE MOVED: GORT SECONDED: REGALADO UNANIMOUS 13. ORDINANCES - FIRST READING CONT'D FIRST READING ORDINANCE - (J-98- 448) ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "MIAMI-DADE COUNTY EMS GRANT AWARD (FY `97-98'), AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE TOTAL AMOUNT OF $148,902 CONSISTING OF A $129,902 GRANT APPORTIONED BY MIAMI-DADE COUNTY FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES "GRANT PROGRAM FOR COUNTIES", AND $19,000 IN CARRY-OVER FUND BALANCE FROM PREVIOUS EMS GRANT AWARDS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. PAGE 19 APRIL 28, 1998 FIRST READING ORDINANCE MOVED: HERNANDEZ SECONDED: GORT UANIMOUS 14. FIRST READING ORDINANCE - (J-98- 453) I FIRST READING ORDINANCE MOVED: GORT ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS FOR A NEW SPECIAL REVENUE FUND ENTITLED "EAST LITTLE HAVANA MINORITY YOUTH DIVERSION PROGRAM," IN THE AMOUNT OF $82,924.00, CONSISTING OF A GRANT, IN THE AMOUNT OF $70,000.00, FROM THE FLORIDA DEPARTMENT OF JUVENILE JUSTICE AND AN IN -KIND SERVICES MATCH EQUAL TO $12,924.00, TO BE PROVIDED BY THE DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT, AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. SECONDED: HERNANDEZ UNANIMOUS PAGE 20 APRIL 28, 1998 RESOLUTIONS OFFICE OF ASSET MANAGEMENT 15. RESOLUTION - (J-98- 450) - (AUTHORIZING CITY MANAGER TO SELL CITY -OWNED REAL PROPERTIES) 16 AUTHORIZING AND DIRECTING THE CITY MANAGER TO SELL OR LEASE THE CITY -OWNED REAL PROPERTIES DESCRIBED IN EXHIBIT "A" (THE "PROPERTIES"); FURTHER AUTHORIZING THE CITY MANAGER TO: (i) ESTABLISH THE MINIMUM SALES PRICE FOR THE PROPERTIES TAKING INTO CONSIDERATION THE APPRAISED VALUE OF THE PROPERTIES AS ESTABLISHED BY THE RESULTS OF TWO INDEPENDENT APPRAISALS AND THE ASSESSED VALUE OF THE PROPERTIES AS DETERMINED BY THE COUNTY PROPERTY APPRAISER; (ii) EMPLOY SUCH PROCEDURES AS MAY BE REQUIRED BY THE CITY CHARTER OR CODE FOR PURPOSES OF DISPOSING OF THE PROPERTIES; (iii) ACCEPT RESPONSIVE AND RESPONSIBLE BIDS; (iv) NEGOTIATE PURCHASE AND SALE AGREEMENTS OR LEASE AGREEMENTS; AND PRESENT THE NEGOTIATED AGREEMENTS TO THE CITY COMMISSION FOR FINAL APPROVAL. OFFICE OF COMMUNITY DEVELOPMENT RESOLUTION PROPOSAL) (J-98- 445) - (ACCEPTING ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO ACCEPT A PROPOSAL FROM PARSONS, BRINCKERHOFF, QUADE & DOUGLAS, INC. TO PERFORM A TRANSPORTATION STUDY FOR THE ALLAPATTAH PRODUCE AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE A NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR A FEE NOT TO EXCEED $15,000; AND, FURTHER, ALLOCATING AVAILABLE FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONTINGENCY ACCOUNT, NO. 700022. R-98-429 MOVED: REGALADO SECONDED: HERNANDEZ UNANIMOUS R-98-430 MOVED: GORT SEOONDED: HERNANDEZ UNANIMOUS PAGE 21 APRIL 28, 1998 17. 18. RESOLUTIONS CONT'D DEPARTMENT OF COMMUNITY DEVELOPMENT RESOLUTION - (J-98- 444) - (AWARDING FUNDING) AWARDING FUNDING TO EIGHT (8) SPONSORS (SERVICE PROVIDERS) FOR THE PROVISION OF HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO VERY LOW INCOME PERSONS WITH HIV/AIDS; ALLOCATING FUNDING IN THE AMOUNTS OF $1,210,831.00 FROM THE FY 1997 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM GRANT (ACCOUNT NO. 194005.590605.6860.94654); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, AND ANY AMENDMENTS THERETO, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE PROGRAM. RESOLUTION - (J-98-405) - (APPROVING PERMITS) APPROVING ALL NECESSARY PERMITS PERTAINING TO THE ANNUAL "CALLE OCHO" EVENT PRESENTED BY THE KIWANIS CLUB OF LITTLE HAVANA AND HELD IN THE LITTLE HAVANA NEIGHBORHOOD BE APPROVED BY THE CITY COMMISSION PRIOR TO THE EVENT. (This item was deferred from the meeting of April 14, 1998). R-98-431 MOVED: SECONDED: UNANIMOUS HERNANDEZ GORT DEFERRED BY M-98-433 MOVED: GORT SECONDED: REGALADO UNANIMOUS 19. 20. RESOLUTIONS CONT'D OFFICE OF THE CITY ATTORNEY RESOLUTION - (J-98-403) - (AUTHORIZING INCREASE) (4/5THS VOTE) A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, AND AUTHORIZING AN INCREASE IN THE AGREEMENT WITH DATA STORAGE CENTERS, IN AN AMOUNT NOT TO EXCEED $10,000.00, FOR THE ACQUISITION OF ADDITIONAL COMMERCIAL RECORDS MANAGEMENT AND SPACE FOR THE STORAGE OF THE INACTIVE RECORDS OF THE CITY ATTORNEY'S OFFICE; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 231010-250 FOR SAID INCREASE. DEPARTMENT OF PUBLIC WORKS RESOLUTION - (J-98 - 457) (APPROVING PLAN) A RESOLUTION APPROVING IN PRINCIPLE, A PLAN BY FPL ENERGY SERVICES, INC., TO CONSTRUCT A CHILLED WATER DISTRIBUTION SYSTEM IN THE PUBLIC RIGHTS -OF -WAY OF DOWNTOWN MIAMI TO PROVIDE FOR ENERGY EFFICIENT HEATING AND COOLING SYSTEMS FOR MAJOR PUBLIC AND PRIVATE INSTITUTIONS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE FRANCHISE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN CITY AND FPL ENERGY SERVICES, INC., FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF SAID CHILLED WATER DISTRIBUTION SYSTEM. PAGE 22 APRIL 28, 1998 R-98-432 MOVED: GORT SECONDED: HERNANDEZ UNANIMOUS DEFERRED M-98-418 MOVED: SECONDED: UNANIMOUS IM PLUMMER GORT COMMISSION DISCUSSION ITEMS 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. 21. DISCUSSION CONCERNING AN EXTENSION OF THE TEMPORARY EMERGENCY VALET ORDINANCE FOR COCONUT GROVE. 22. DISCUSSION CONCERNING AN EXTENSION OF SIX (6) MONTHS TO LATIN AMERICAN GOURMET RESTAURANT, INC. 23. 24. PAGE 23 APRIL 28, 1998 EMERGENCY ORDINANCE 11649 MOVED: REGALADO SECONDED: GORT UNANIMOUS R•98- 434 MOVED: HERNANDEZ SECONDED: GORT UNANIMOUS i DEFERRED BY M-98-417 MOVED: HERNANDEZ SECONDED: PLUMMER UNANIMOUS DISCUSSION AT THE REQUEST OF COMMISSIONER � TOMAS REGALADO REGARDING AWARD OF PENSION I DISCUSSED BOARD TO FORMER CITY MANAGER CESAR ODIO. DISCUSSION CONCERNING THE REMOVAL OF M/V OCEAN FREEZE FROM THE FEC SLIP PART B THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 2:00 PM ITEM PZ 1 RESOLUTION- (J-98-423) REQUEST: Consideration of the Miami Children's Museum proposal for consistency with the Station Area Design and Development (SADD) Plan at the Vizcaya Metrorail Station LOCATION: Approximately Vizcaya Metrorail Station at the intersection of S.W. 32nd Road and South Dixie Highway (US 1) APPLICANT(S): Miami Youth Museum, Inc. for Miami -Dade County (owner) APPLICANT(S) AGENT: N/A APPELLANT(S): N/A APPELLANT(S) AGENT: N/A RECOMMENDATIONS: Planning & Development Department: Approval with conditions* Building & Zoning Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: Pending Planning Advisory Board Action of April 22, 1998 meeting. Zoning Board: N/A Consideration of approving the Miami Children's Museum project pursuant to Article 4 of Zoning Ordinance No. 11000, to be located at the Vizcaya Metrorail station at the intersection of S.W. 32"d Road and South Dixie Highway (US1). *See backup documentation PAGE 2 4 April 28, 1998 ODNTINUED TO MAY 26, 1998 AT 2:00 PM BY M-98-425 MOVED: GORT SEODNDED: HERNANDEZ UNANIMOUS ITEM PZ 2 RESOLUTION- (J-98-421) REQUEST: Major Use Special Permit for the Mutiny II Condominiums LOCATION: 2889 McFarlane Road & 2951 South Bayshore Drive APPLICANT(S): Mutiny on the Bay, LTD (owner) APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire APPELLANT(S): N/A APPELLANT(S) AGENT: N/A RECOMMENDATIONS: Planning & Development Department: Approval with conditions* Building & Zoning Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: Recommended approval with conditions* to City Commission. Vote of 5-0. Zoning Board: Recommended approval with conditions* of the Special Exceptions. Vote of 7-0 on 3/30/98 and Vote of 7-0 on 4/13/98. Major Use Special Permit pursuant to articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, for the Mutiny Condominiums, Phase II Project, to be located at 2889 McFarlane Road and 2951 South Bayshore Drive, to be comprised of a planned unit development project with applicable increased floor area ratio bonuses, consisting of a 211 unit apart/hotel, accessory function and commercial/retail spaces and 700 parking spaces. *See backup documentation PAGE 25 April 28, 1998 R-98-444 MOVED: GORT SECONDED: TEELE ABSENT: HERNANDEZ ITEM PZ 3 RESOLUTION- (J-98-420) REQUEST: Major Use Special Permit for the Performing Arts Center of Greater Miami LOCATION: Approximately 1300 and 1301 Biscayne Boulevard APPLICANT(S): Knight Ridder Inc. & Miami -Dade County (owners) APPLICANT(S) AGENT: APPELLANT(S): APPELLANT(S) AGENT: Lucia A. Dougherty, Esquire 001 N/A RECOMMENDATIONS: Planning & Development Department: Approval with conditions* Building & Zoning Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: Recommended approval with conditions* to City Commission. Vote of 7-0. Zoning Board: Recommended approval with conditions* of the Variances. Vote of 7-0 on 3/2/98 and Vote of 8-0 on 3/16/98. Major Use Special Permit pursuant to articles 13 and 17 of Zoning Ordinance No. 11000, for the Performing Arts Center Project, to be located at approximately 1300 and 1301 Biscayne Boulevard; to be comprised of a concert hall of approximately 166,000 square feet with 2,194 seats, an opera/ballet house of approximately 250,000 square feet with 2,401 seats and accessory commercial space. *See backup documentation PAGE 26 April28, 1998 R-98-421 MOVED: TEELE SECONDED: HERNANDEZ ABSENT: GORT ITEM PZ 4 RESOLUTION- (J-98-419) REQUEST: Major Use Special Permit for the Ritz Carlton Hotel LOCATION: Approximately 3300 & 3350 SW 27 Avenue, 2701 S. Bayshore Drive & 2850 Tigertail Avenue APPLICANT(S): Grove Miami Holdings, Inc., Coconut Grove Bank & Grove Compco (owners) APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire APPELLANT(S): N/A APPELLANT(S) AGENT: N/A RECOMMENDATIONS: Planning & Development Department: Approval with conditions* Building & Zoning Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: Recommended approval with conditions* to City Commission. Vote of 7-0. Zoning Board: Recommended approval with conditions* of the Special Exception. Vote of 7-0. Major Use Special Permit pursuant to articles 13 and 17 of Zoning Ordinance No. 11000, for the Ritz Carlton Project, to be located at approximately 3300 SW 27 Avenue, to be comprised of a planned unit development project consisting of 250 hotel rooms, 208 residential units, accessory function and commercial/retail space, and 564 parking spaces. *See backup documentation PAGE 27 April 28, 1998 R-98-446 MOVED: GORT SECONDED: HERNANDEZ UNANIMOUS ITEM PZ 5 RESOLUTION- (J-98-408) REQUEST: Official vacation and closure of a public right of way LOCATION: Approximately 3300 & 3350 SW 27 Avenue, 2701 S. Bayshore Drive & 2850 Tigertail Avenue APPLICANT(S): Grove Miami Holdings, Inc., Coconut Grove Bank & Grove Compco (owners) APPLICANT(S) AGENT: Lucia Dougherty, Esquire APPELLANT(S): N/A APPELLANT(S) AGENT: N/A RECOMMENDATIONS: Planning & Development Department: N/A Building & Zoning Department: N/A Public Works Department: Approval. See supporting documentation. Plat & Street Committee: Approval. See supporting documentation. Historic Preservation Board: N/A Planning Advisory Board: N/A Zoning Board: Recommended approval to City Commission. Vote of 7-0. Closing, vacating, abandoning and discontinuing for public use the portion of Cornelia Drive and Greenwood Road. PAGE 28 April 28, 1998 R-98-447 MOVED: GORT SECONDED: REGALADO UNANIMOUS ITEM PZ 6 RESOLUTION- (J-98-409) REQUEST: Official vacation and closure of a public right of way LOCATION: Approximately NW 63`d St. between NW 6" Ave. and 7"' Ave. APPLICANT(S): Belafonte-Tacolcy Center, Mickens Estates and Tacolcy Economic Dev. Corp. (owners) APPLICANT(S) AGENT: Lorenzo Simmons, Esquire APPELLANT(S): N/A APPELLANT(S) AGENT: N/A RECOMMENDATIONS: Planning & Development Department: N/A Building & Zoning Department: N/A Public Works Department: Approval. See supporting documentation. Plat & Street Committee: Approval. See supporting documentation. Historic Preservation Board: N/A Planning Advisory Board: N/A Zoning Board: Recommended approval with conditions* to the City Commission. Vote of 6-1. Closing, vacating, abandoning and discontinuing for public use the portion of NW 63`d Street, N.W. 6" and N.W. 7th Avenue. *See backup documentation. PAGE 2 9 April28, 1998 R-98-445 MOVED: TEELE SEOONDED: GORT ABSENT: HERNANDEZ ITEM PZ 7a RESOLUTION (J-98-429) REQUEST: Release of a Sanitary Sewer Covenant LOCATION: 2785, 2855, and 2835 Tigertail Avenue APPLICANT(S): The Clarkson Company (contractee) James Gregory Robertson (owner) APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Planning & Development Department: Approval with conditions* Building & Zoning Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: N/A Zoning Board: N/A Consideration of a release and cancellation of that certain covenant, dated April 2, 1965, recorded in the official record book 4538, at pages 118-128, to run with the land with regard to the installation of a private sanitary force main within the dedicated public right-of-way of 2785, 2855, and 2835 Tigertail Avenue. *See backup documentation NOTE: THIS IS A COMPANION TO PZ-7b. PAGE 30 April28, 1998 CONTINUED TO MAY 26, 1998 BY M-98-426 MOVED: HERNANDEZ SECONDED: GORT UNANIMOUS ITEM PZ 7b RESOLUTION (J-98-429) REQUEST: Modification of Zoning Covenant LOCATION: 2785, 2855, and 2835 Tigertail Avenue APPLICANT(S): The Clarkson Company (contractee) James Gregory Robertson (owner) APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Planning & Development Department: Approval with conditions* Building & Zoning Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: N/A Zoning Board: N/A Consideration of an amendment to the Zoning Covenant running with the land dated July 18, 1988, recorded in the official records book 13752, at pages 592-596, for the property located at 2785, 2855, and 2835 Tigertail Avenue, to delete the language in paragraph C and permit the development of a lodging house on the property. *See backup documentation NOTE: THIS IS A COMPANION TO PZ-7a. PAGE 31 April28, 1998 CONTINUED TO MAY 26, 1998 BY M-98-426 MOVED: HERNANDEZ SECONDED: GORT UNANIMOUS ITEM PZ 8 RESOLUTION- [J-98-415(a) & J-98-415(b)] REQUEST: Appeal of a Zoning Board decision LOCATION: 2785, 2835 & 2855 Tigertail Avenue APPLICANT(S): The Clarkson Company (contractee) James Gregory Robertson (owner) APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire APPELLANT(S): Bernard Wolfson, individually, and trading as Courtyards Rentals APPELLANT(S) AGENT: Gary M. Held, Esquire RECOMMENDATIONS: Planning & Development Department: Approval of the Special Exception. Denial of the Appeal. Building & Zoning Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: N/A Zoning Board: Approval with conditions*. Vote of 7-1. Appeal of a Zoning Board decision which approved a Special Exception with conditions as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, to permit a lodging house for the property located at 2785, 2835 and 2855 Tigertail Avenue. *See backup documentation. PAGE 32 April28, 1998 CONTINUED TO MAY 26, 1998 AT 2:00 PM BY M-98-427 MOVED: HERNANDEZ SECONDED: GORT UNANIMOUS ITEM PZ 9 RESOLUTION- [J-98-417(a) & J-98-417(b)] REQUEST: Appeal of a Zoning Board decision LOCATION: 1643 Brickell Avenue APPLICANT(S): S.M. Brickell Limited Partnership (owner) APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire APPELLANT(S): Hylan B. Booker APPELLANT(S) AGENT: N/A RECOMMENDATIONS: Planning & Development Department: Approval of the Special Exceptions. Denial of the Appeal. Building & Zoning Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: N/A Zoning Board: Approval. Vote of 7-0. Appeal of a Zoning Board decision which approved Special Exceptions as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, to permit a Marina for the existing residential development and per Article 9, Section 924.11, Extensions of docks into waterways or canals or Biscayne Bay and to allow an extension of docks beyond thirty-five (35') feet into Biscayne Bay (proposed 209', allowed 351) for the property located at 1643 Brickell Avenue. PAGE 33 April28, 1998 WITHDRAWN BY APPLICANT ITEM PZ 10 RESOLUTION- [J-98-369(a) & J-98-369(b)] REQUEST: Appeal of a Zoning Board decision LOCATION: 1643 Brickell Avenue APPLICANT(S): S.M. Brickell Limited Partnership (owner) APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire APPELLANT(S): Hylan B. Booker APPELLANT(S) AGENT: N/A RECOMMENDATIONS: Planning & Development Department: Approval of the Variance. Denial of the Appeal. Building & Zoning Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: N/A Zoning Board: Approval. Vote of 7-0. Appeal of a Zoning Board decision which approved a Variance to permit the following separation of dock from the property lines extending into the bay; on the northeast side property line proposed 10'-0" (80'-0"required) and on the southwest side property line proposed 10'-0" (78'-0" required) for the property located at 1643 Brickell Avenue. PAGE 34 April 28, 1998 WITHDRAWN BY APPLICANT ITEM PZ 11 RESOLUTION [J-98-249 (a) & J-98-249 (b)] REQUEST: Appeal of a Zoning Board decision LOCATION: 1520 SW 11 Street APPLICANT(S): Jesus and Ofelia Granda (owners) APPLICANTS) AGENT: Virgilio Perez (prior agent) Anibal J. Duarte-Viera, Esquire APPELLANT(S): Jesus and Ofelia Granda (owners) APPELLANT(S) AGENT: Virgilio Perez (prior agent) Anibal J. Duarte-Viera, Esquire RECOMMENDATIONS: Planning & Development Department: of the Appeal. Building & Zoning Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: N/A Zoning Board: Denial. Vote of 6-0. Denial of the Variance. Denial Appeal of a Zoning Board decision which denied a Variance to permit the following setbacks: a rear yard setback of 4'-0" (20'-0" required), a side yard setback of 3.2'(5'-0" required for the main structure) and a rear yard setback of 1.8' (10'-0" required for an accessory structure) for an existing addition to a single family residence, for the property located at approximately 1520 S.W. 11 Street. PAGE 35 April 28, 1998 CONTINUED TO MAY 26, 1998 AT 2:00 PM BY M-98-428 MOVED: HERNANDEZ SEOONDED: GORT UNANIMOUS ITEM PZ 12 RESOLUTION- [J-98-250(a) & J-98-250(b)] REQUEST: Appeal of a Zoning Board decision LOCATION: 916 NE 79 Street APPLICANT(S): Sonny Netkin (owner) APPLICANT(S) AGENT: APPELLANT(S): APPELLANT(S) AGENT: N/A Sonny Netkin (owner) N/A RECOMMENDATIONS: Planning & Development Department: Approval with conditions* of the Special Exception. Approval with conditions* of the Appeal. Building & Zoning Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: N/A Zoning Board: Denial. Vote of 4-3. Appeal of a Zoning Board decision which denied a Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, to permit a used car sales in a C-1 Restricted Commercial district for the property located at 916 N.E. 79 Street. * See backup documentation. PAGE 36 April 28, 1998 APPEAL DENIED BY R-98-448 MOVED: GORT SECONDED: TEELE UNANIMOUS ITEM PZ 13 SECOND READING ORDINANCE - (J-98-275) REQUEST: To amend Ordinance No. 10544, from "Restricted Commercial" to "Central Business District" to change the Future Land Use element of the Comprehensive Neighborhood Plan LOCATION: 666 Biscayne Boulevard APPLICANT(S): 666 Biscayne Boulevard, LTD (owner) APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire APPELLANT(S): N/A APPELLANT(S) AGENT: N/A RECOMMENDATIONS: Planning & Development Department: Approval Building & Zoning Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: Recommended approval to City Commission. Vote of 7-0. Zoning Board: See PZ-14 Consideration of amending Ordinance No. 10544, as amended, the City of Miami Comprehensive Neighborhood Plan by amending the Future Land Use Map by changing the land use designation for the property located approximately at 666 Biscayne Boulevard from "Restricted Commercial" to "Central Business District". NOTES: PASSED FIRST READING ON MARCH 24, 1998, MOVED BY: HERNANDEZ, SECONDED BY: GORT, ABSENT: TEELE. THIS IS A COMPANION ITEM TO PZ-14. PAGE 3'7 April28, 1998 ORDINANCE 11650 MOVED: HERNANDEZ SECONDED: TEELE UNANIMOUS ITEM PZ 14 SECOND READING ORDINANCE - (J-98-251) REQUEST: To amend Ordinance No. 11000, from C-1 Restricted Commercial to CBD Central Business District to change the Zoning Atlas LOCATION: 666 Biscayne Boulevard APPLICANT(S): 666 Biscayne Boulevard, LTD (owner) APPLICANT(S) AGENT: N/A APPELLANT(S): Adrienne F. Pardo, Esquire APPELLANT(S) AGENT: N/A RECOMMENDATIONS: Planning & Development Department: Approval Building & Zoning Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: See PZ-13 Zoning Board: Recommended approval to City Commission. Vote of 6-0. Change of Zoning as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, by amending the Zoning Atlas by changing the zoning designation for the property located at 666 Biscayne Boulevard from C-1 Restricted Commercial to CBD Central Business District. NOTES: PASSED FIRST READING ON MARCH 24, 1998, MOVED BY: HERNANDEZ, SECONDED BY: GORT, ABSENT: TEELE. THIS IS A COMPANION ITEM TO PZ-13 PAGE 38 April28, 1998 ORDINANCE 11651 MOVED: GORT SECONDED: HERNANDEZ UNANIMOUS ITEM PZ 15 FIRST READING ORDINANCE - (J-98-422) REQUEST: To amend Ordinance No. 10544, from "Medium Density Multifamily Residential" to "Restricted Commercial" to change the Future Land Use element of the Comprehensive Neighborhood Plan LOCATION: 3691-93 SW 130' Terrace, 1305 SW 37" Avenue & 1321 SW 371h Avenue APPLICANT(S): Coral Way Diagnostic Center, Inc. (owner) APPLICANT(S) AGENT: Linda L. Carroll & Associates, Esquire APPELLANT(S): N/A APPELLANT(S) AGENT: N/A RECOMMENDATIONS: Planning & Development Department: Denial Building & Zoning Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: Recommended denial to City Commission. Vote of 3-2. Zoning Board: See PZ-16 Consideration of amending Ordinance No. 10544, as amended, the City of Miami Comprehensive Neighborhood Plan by amending the Future Land Use Map by changing the land use designation for the property located approximately at 3691-93 SW 13 Terrace, 1305 SW 37`h Avenue, and 1321 SW 37`h Avenue from "Medium Density Multifamily Residential" to "Restricted Commercial". NOTES: THIS IS A COMPANION ITEM TO PZ-16. PAGE 3 9 April28, 1998 WITHDRAWN BY APPLICANT ITEM PZ 16 FIRST READING ORDINANCE - (J-98-414) REQUEST: To amend Ordinance No. 11000, from R-3 Multifamily Medium Density Residential to C-1 Restricted Commercial to change the Zoning Atlas. LOCATION: 3691-93 SW 131h Terrace, 1305 SW 371h Avenue & 1321 SW 371h Avenue APPLICANT(S): Coral Way Diagnostic Center, Inc. (owner) APPLICANT(S) AGENT: Linda L. Carroll & Associates, Esquire APPELLANT(S): N/A APPELLANT(S) AGENT: N/A RECOMMENDATIONS: Planning & Development Department: Denial Building & Zoning Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: See PZ-15 Zoning Board: Recommended denial to City Commission. Vote of 7-0. Change of Zoning as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, by amending the Zoning Atlas by changing the zoning designation for the property located at approximately 3691-93 SW 13`h Terrace,1305 SW 37`h Avenue & 1321 SW 371h Avenue from R-3 Multifamily Medium Density Residential to C-1 Restricted Commercial. NOTES: THIS IS A COMPANION ITEM TO PZ-15. PAGE 4 0 April28, 1998 WITHDRAWN BY APPLICANT ITEM PZ 17 FIRST READING ORDINANCE - (J-97-619) REQUEST: To Amend Article 9 of Zoning Ordinance 11000 Text LOCATION: N/A APPLICANT(S): City of Miami, Department of Planning & Development APPLICANT(S) AGENT: N/A APPELLANT(S): N/A APPELLANT(S) AGENT: N/A RECOMMENDATIONS: Planning & Development Department: Denial Building & Zoning Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: Recommended denial to City Commission. Vote of 7-0. Zoning Board: N/A. Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 9, Section 920.2.2 "Parking or storage of major recreational equipment as an accessory use in residential districts", in order to set forth regulations allowing storage of said vehicles in front yards, conditionally. NOTES: DENIED ON MARCH 24, 1998. MOTION TO RECONSIDER PASSED ON APRIL 14, 1998, MOVED BY: REGALADO, SECONDED BY: HERNANDEZ, ABSENT: TEELE. MOTION TO RESCHEDULE TO APRIL 28, 1998, PASSED ON APRIL 14, 1998, MOVED BY: REGALADO, SECONDED BY: HERNANDEZ, ABSENT: TEELE. PAGE 41 April 28, 1998 DENIED BY M-98-449 MOVED: REGALADO SECONDED: GORT UNANIMOUS THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 6:00 PM ITEM PZ 18 RESOLUTION - (J-98-280) REQUEST: Major Use Special Permit for the Bayshore Palms Project LOCATION: Approximately 1201 Brickell Bay Drive APPLICANT(S): Mutual of Omaha Insurance Company (owner) Multiplan, USA Corp. (applicant/purchaser) APPLICANT(S) AGENT: Judith A. Burke, Esquire APPELLANT(S): N/A APPELLANT(S) AGENT: N/A RECOMMENDATIONS: Planning & Development Department: Approval with conditions* Building & Zoning Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: Recommended approval with conditions* to City Commission. Vote of 6-0. Zoning Board: Recommended approval with conditions* of the Special Exception. Vote of 7-0. Major Use Special Permit pursuant to Articles 13 and 17 of Zoning Ordinance 11000, for the Bayshore Palms Project to be located at approximately 1201 Brickell Bay Drive (F/K/A South Bayshore Drive); to be comprised of not more 749 residential units, accessory commercial space, and 1,254 parking spaces including valet spaces. *See backup documentation. NOTES: CONTINUED FROM CC 3/24/98. PAGE 42 April 28, 1998 R-98-450 MOVED: REGALADD SE00NDED: HERNANDEZ UNANIMOUS i Supplemental Agenda City of Miami Commission April 28,1998 COMMENDATIONS: Officers of the Month: February,1998 Detective Marcos Perez c NCfr PRESENT PRESENTED: Detective Robin Starks Detective Jorge Martin (NOT PRESENT) Detective Gary Dooling (NOT PRESENT) PRESENTED: Officers of the Month: February, 1997 (Were never presented last year) Sergeant Nelson Andreu Detective Carlos Avila Detective Jack Calvar