HomeMy WebLinkAboutCC 2004-02-12 AgendaCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Agenda
Thursday, February 12, 2004
9:00 AM
REGULAR AGENDA
(Verbatim Minutes)
City Hall Commission Chambers
City Commission
Manuel A. Diaz, Mayor
Arthur E. Teele, Jr., Chairman
Joe Sanchez, Vice Chairman
Angel Gonzalez, Commissioner District One
Johnny L. Winton, Commissioner District Two
Tomas Regalado, Commissioner District Four
Joe Arriola, City Manager
Jorge L. Fernandez, City Attorney
Priscilla A. Thompson, City Clerk
City Commission
Meeting Agenda February 12, 2004
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.
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)
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City Commission
Meeting Agenda February 12, 2004
CONTENTS
Items may be heard in the numbered
sequence or as announced by the Commission
PR - PRESENTATIONS AND PROCLAMATIONS (Pages 4 - 5)
MV - MAYORAL VETOES (Page 5)
AM - APPROVING MINUTES (Page 6)
CA - CONSENT AGENDA (Pages 8 - 15)
PA - PERSONAL APPEARANCES (Pages 15 - 22)
M - MAYOR'S ITEMS (Page 22)
D1 - DISTRICT 1 ITEMS (Page 22)
D2 - DISTRICT 2 ITEMS (Page 22)
D3 - DISTRICT 3 ITEMS (Pages 23 - 29)
D4 - DISTRICT 4 ITEMS (Pages 30 - 48)
D5 - DISTRICT 5 ITEMS (Page 48)
PH - PUBLIC HEARINGS (Pages 49 - 53)
SR - SECOND READING ORDINANCES (Pages 53 - 56)
RE - RESOLUTIONS (Pages 56 - 58)
BC - BOARDS AND COMMITTEES (Pages 59 - 71)
DI - DISCUSSION ITEMS (Pages 72 - 75)
EXECUTIVE SESSIONS (Pages 76 - 80)
TIME CERTAIN
2:30 P.M. - NATIONAL ADVERTISING CO. VS. CITY OF MIAMI
2:40 P.M. - MARK'S CLASSIC CORP., RICHARD AND SUNNY MANAGAN, ET. AL. VS. CITY OF
MIAMI
2:50 P.M. - DEBRA OHANIAN AND WETS BEACH RESTAURANT, INC. VS. CITY OF MIAMI
PART B
PZ - PLANNING AND ZONING ITEMS (Pages 81 - 97)
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City Commission
Meeting Agenda February 12, 2004
9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
PRESENTATIONS AND PROCLAMATIONS
PR.1 04-00110 CEREMONIAL ITEM
Name of Honoree Presenter
Mayor Diaz & Commissioners Community Blood Centers
Dr. Bruce Lenes,
Medical Director
Dr. Charles Rouault,
President & CEO
Mr. Juan Kouri,
Vice President of Operations
Mayor Diaz
Washington Mutual Coconut
Grove Arts Festival
Table of Brotherhood
Jack Horkheimer
Julio Avael (not presented)
Miami Benefit Club
Aline Argote
Gilma Espana
Henry Fernandez
Vanessa Gonzalez
Samuel Navarro
Ramon Rodriguez
Michel Rosny
Heriberto Alonso
Ricardo Echevarria
Haydee Regueyra
Chairman Teele
Commissioner Winton
Commissioner Regalado
Commissioner Regalado
Commissioner Regalado
Commissioner Regalado
Commissioner Regalado
Commissioner Regalado
Commissioner Regalado
Commissioner Regalado
Commissioner Regalado
Commissioner Regalado
Commissioner Regalado
Commissioner Regalado
Protocol It
Plaques
Proclamation
Certificates of Appreciation
Proclamation
Proclamation
Certificate of Appreciation
Certificate of Appreciation
Certificate of Appreciation
Certificate of Appreciation
Certificate of Appreciation
Certificate of Appreciation
Certificate of Appreciation
Certificate of Appreciation
Certificate of Appreciation
Certificate of Appreciation
Salute
MAYORAL VETOES
(Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be
placed by the city clerk as the first substantive item(s) for the commission consideration.)
APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
Regular and Planning and Zoning Meetings of December 18, 2003
Regular Meeting of January 8, 2004
ORDER OF THE DAY
CONSENT AGENDA
Unless a member of the City Commission wishes to remove a specific item from this portion of the
agenda, Items CA.1 through CA.16 constitute the Consent Agenda. These 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.16 be adopted..."
The Presiding Officer or City Clerk shall state the following: "Before the vote on adopting items
included in the Consent Agenda is taken, is there anyone present who is an objector or proponent
that wishes to speak on any item in the Consent Agenda. Hearing none, the vote on the adoption of
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City Commission
Meeting Agenda February 12, 2004
the Consent Agenda will now be taken.
CA.1 04-00025
Department of
Police
CA.2 04-00026
Department of
Police
CA.3 04-00027
Department of
Police
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING
THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED
$52,631.25, TO THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS
OF POLICE, COURT OVERTIME REDUCTION PROJECT; ALLOCATING
FUNDS FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT VIII
PROGRAM, ACCOUNT CODE NO. 142023.290546.6.270.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CONTINUED FINANCING OF PROTRACTED, COMPLEX
INVESTIGATIONS FOR THE DEPARTMENT OF POLICE, IN AN
AMOUNT NOT TO EXCEED $350,000, ALLOCATING FUNDS FROM
THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001,
SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AS COMPLYING WITH FLORIDA STATUTES, CHAPTER
932.7055, AS AMENDED.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING THE
ALLOCATION OF ADDITIONAL FUNDS, IN THE AMOUNT OF $255,275,
TO CONTINUE FUNDING THE OPERATIONS AND OTHER RELATED
EXPENSES AS INCURRED BY THE FORFEITURE FUND DETAIL FOR
THE DEPARTMENT OF POLICE; ALLOCATING FUNDS FROM THE
LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, SUCH
EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE
AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF
TREASURY "GUIDE TO EQUITABLE SHARING."
CA.4 04-00028 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE LEASE AGREEMENT ("LEASE"), IN
SUBSTANTIALLY THE ATTACHED FORM, WITH GOLDEN SANDS
ALLAPATTAH CORPORATION ("LESSOR"), TO EXTEND THE TERM OF
THE LEASE FOR A ONE-YEAR PERIOD AT A RATE OF $14.50 PER
SQUARE FOOT WITH THE OPTION TO RENEW THE LEASE FOR
FOUR SUCCESSIVE ONE-YEAR TERMS, EACH WITH FURTHER
ANNUAL INCREASES CALCULATED BASED UPON INCREASES IN
THE CONSUMER PRICE INDEX ("CPI"), BUT NOT TO EXCEED A
MAXIMUM ANNUAL INCREASE OF THREE PERCENT (3%), AND WITH
ALL OTHER TERMS AND CONDITIONS TO REMAIN THE SAME AS
SET FORTH IN THE LEASE; FURTHER ALLOCATING FUNDS FROM
THE FOLLOWING ACCOUNT CODES: RENTAL, 001000.290201.6.610
AND ELECTRICITY
(OVERTIME AIR CONDITIONING) 001000.290201.6.540.
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City Commission
Meeting Agenda February 12, 2004
CA.5 04-00029 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF WEATHERTROL MAINTENANCE CORP., TO PROVIDE AIR
CONDITIONING MAINTENANCE AND REPAIR SERVICES AT THE
COCONUT GROVE EXHIBITION CENTER FOR THE DEPARTMENT OF
MUNICIPAL SERVICES, DIVISION OF PUBLIC FACILITIES, ON AN
AS -NEEDED CONTRACT BASIS, FOR A TWO-YEAR PERIOD WITH
THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR
PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $36,000, FOR A
TOTAL CONTRACT AMOUNT NOT TO EXCEED $144,000,
ALLOCATING FUNDS FROM THE COCONUT GROVE EXPO CENTER
GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
415000.350201.6.340.
CA.6 04-00030 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE
BID FROM EVANS ENVIRONMENTAL AND GEOSCIENCES TO:
REMOVE UNDERGROUND STORAGE TANKS, CONDUCT SOURCE
REMOVAL ACTIVITIES, CONDUCT SITE ASSESSMENTS, AND
PREPARE A REPORT FOR TANK CLOSURE ASSESSMENT/SOURCE
REMOVAL FOR THE DEPARTMENT OF ECONOMIC DEVELOPMENT,
AS REQUIRED BY THE DEPARTMENT OF ENVIRONMENTAL
RESOURCE MANAGEMENT, AT AN AMOUNT NOT TO EXCEED
$130,868, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS
PROJECT, ACCOUNT CODE NO. 311062.819901.6.270.
CA.7 04-00031
Department of
Fire Rescue
CA.8 04-00032
Department of
Police
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN
INCREASE IN THE CONTRACT AWARDED TO MEDTRONIC
PHYSIO-CONTROL CORPORATION, SOLE SOURCE PROVIDER,
PURSUANT TO RESOLUTION NO. 02-980, ADOPTED SEPTEMBER 11,
2002, IN AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED
$5,224.85, FROM $34,104 TO $39,328.85, TO INCLUDE MAINTENANCE
SERVICES FOR ADDITIONAL PHYSIO-CONTROL CARDIAC LIFE
SUPPORT EQUIPMENT ACQUIRED FOR THE DEPARTMENT OF
FIRE -RESCUE; ALLOCATING FUNDS FOR SAID INCREASE FROM
THE DEPARTMENT OF FIRE -RESCUE ACCOUNT CODE NO.
001000.280601.6.270, SUBJECT TO BUDGETARY APPROVAL;
AMENDING RESOLUTION NO 02-980 TO REFLECT SAID INCREASE.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN
INCREASE IN THE CONTRACT WITH A+ MINI STORAGE, PURSUANT
TO RESOLUTION NO. 02-140, ADOPTED FEBRUARY 14, 2002, IN AN
AMOUNT NOT TO EXCEED $10,256, FROM $39,744 TO $50,000
ANNUALLY, TO PROVIDE A SECURED, AIR-CONDITIONED,
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City Commission
Meeting Agenda February 12, 2004
CA.9 04-00033
Department of
Conferences,
Conventions and
Public Facilities
CA.10 04-00036
CA.11 04-00046
CA.12 04-00047
SELF -STORAGE FACILITY FOR THE DEPARTMENT OF POLICE;
ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE
GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
01000.290201.6.610.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
A BOAT SHOW AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY
THE ATTACHED FORM, WITH NMMA BOAT SHOWS, INC. FOR USE
OF DOCKAGE SPACE AT MIAMARINA AT BAYSIDE FROM FEBRUARY
8 THROUGH FEBRUARY 19, 2004, FOR PRESENTATION OF THE
STRICTLY SAIL VENUE OF THE MIAMI INTERNATIONAL BOAT SHOW,
UNDER THE TERMS AND CONDITIONS OF THE AGREEMENT.
DISCUSSION ITEM
ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
THE INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH MIAMI-DADE COUNTY ("COUNTY") FOR THE CITY OF
MIAMI'S ("CITY") CONTRIBUTION TO THE DREDGING OF THE MIAMI
RIVER AT A COST TO THE CITY IN AN AMOUNT NOT TO EXCEED
$6,000,000, OVER A FOUR-YEAR PERIOD; ALLOCATING FUNDS, IN
THE AMOUNT NOT TO EXCEED $1,000,000, FOR THE
FIRST YEAR FROM CAPITAL IMPROVEMENTS PROJECT NO. 311083;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENTS TO THE AGREEMENT WITHOUT THE NECESSITY TO
OBTAIN FURTHER CITY COMMISSION APPROVAL TO
ACCOMMODATE FUNDING CONTRIBUTIONS FROM OTHER PARTIES,
ALLOWING FOR MODIFICATIONS TO "ATTACHMENT A" TO THE
AGREEMENT, IF SUCH MODIFICATION REDUCES CONTRIBUTIONS
FROM THE CITY.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER'S ENGAGEMENT
OF URS CORPORATION SOUTHERN, ("URS"), PROFESSIONAL
CONSULTANTS, SELECTED FROM THE LIST OF PRE -APPROVED
GENERAL ENGINEERING FIRMS FOR THE DESIGN DEVELOPMENT,
PREPARATION OF CONSTRUCTION DOCUMENTS AND
CONSTRUCTION ENGINEERING SERVICES FOR THE PROJECT
"NW 34TH AVENUE ROAD IMPROVEMENT PROJECT, B-4696,"
LOCATED IN DISTRICT 1, MIAMI, FLORIDA ("PROJECT"), IN AN AMOUNT
NOT TO EXCEED $95,820, BASED ON (1) THE SCOPE OF SERVICES
AND SCHEDULE REQUIRED FOR SAID PROJECT, AS SET FORTH IN
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Meeting Agenda February 12, 2004
THE WORK ORDER AUTHORIZATION, ATTACHED AND
INCORPORATED, AND (2) TERMS AND CONDITIONS SET FORTH IN
THE AGREEMENT WITH URS PURSUANT TO RESOLUTION
NO. 01-560; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
WORK ORDER AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED
FORM, FOR SAID PURPOSE; AND ALLOCATING FUNDS, IN AN AMOUNT
NOT TO EXCEED
$95,820, FOR SERVICES AND EXPENSES TO BE INCURRED BY THE
CITY OF MIAMI FROM CAPITAL IMPROVEMENTS PROGRAM ("CIP")
PROJECT NO. 341183 ENTITLED "LOCAL OPTION GAS TAX" AND CIP
PROJECT NO. 341330 ENTITLED "TRANSIT HALF -CENT SURTAX."
CA.13 04-00048 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER'S
ENGAGEMENT OF URS CORPORATION SOUTHERN, ("URS")
PROFESSIONAL CONSULTANTS, SELECTED FROM THE LIST OF
PRE -APPROVED GENERAL ENGINEERING FIRMS FOR THE DESIGN
DEVELOPMENT, PREPARATION OF CONSTRUCTION DOCUMENTS
AND CONSTRUCTION ENGINEERING SERVICES FOR THE PROJECT
ENTITLED "NW 15TH AVENUE ROAD IMPROVEMENT PROJECT,
B-4689," LOCATED IN DISTRICT 1 ("PROJECT"), IN AN AMOUNT NOT
TO EXCEED $89,120, BASED ON (1) THE SCOPE OF SERVICES AND
SCHEDULE REQUIRED FOR THE PROJECT, AS SET FORTH IN THE
WORK ORDER AUTHORIZATION, ATTACHED AND INCORPORATED,
AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT
WITH URS PURSUANT TO RESOLUTION NO. 01-560; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE WORK ORDER
AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED FORM; AND
ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $89,120, FOR
SERVICES AND EXPENSES TO BE INCURRED BY THE CITY OF MIAMI
FROM CAPITAL IMPROVEMENTS PROGRAM ("CIP") PROJECT NO.
341183 ENTITLED "LOCAL OPTION GAS TAX" AND CIP PROJECT NO.
341330 ENTITLED "TRANSIT HALF -CENT SURTAX."
CA.14 04-00049 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE BID OF HORIZON
CONTRACTORS, INC., FOR THE PROJECT ENTITLED "GRAND
AVENUE IMPROVEMENTS, B-4668" IN THE PROPOSED AMOUNT NOT
TO EXCEED $3,714,154.55; ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENTS PROJECT NO. 341208, IN THE AMOUNT NOT TO
EXCEED $3,714,154.55, FOR CONTRACT COSTS, PLUS
$621,445.45 FOR ESTIMATED EXPENSES INCURRED BY THE CITY
OF MIAMI, FOR TOTAL PROJECT COSTS IN THE AMOUNT NOT TO
EXCEED $4,335,600, AS SET FORTH ON THE TABULATION OF BIDS
DOCUMENT AND THE PROJECT FACT SHEET, ATTACHED AND
INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR
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City Commission
Meeting Agenda February 12, 2004
SAID PROJECT.
CA.15 04-00050 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO PROVIDE CITY OF MIAMI EMPLOYEES WHO ARE
MEMBERS OF THE UNITED STATES MILITARY RESERVE OR
FLORIDA NATIONAL GUARD AND ORDERED TO REPORT FOR
ACTIVE DUTY IN RESPONSE TO THE UNITED STATES' WAR WITH
IRAQ OR TERRORIST ATTACKS AGAINST THE UNITED STATES, A
SUPPLEMENT, RETROACTIVE TO SEPTEMBER 25, 2003, IF
APPLICABLE, TO CONTINUE UNTIL SEPTEMBER 25, 2004, TO
MILITARY PAY RECEIVED IN AN AMOUNT NECESSARY TO BRING
TOTAL SALARY, INCLUSIVE OF BASE MILITARY PAY, TO THE LEVEL
EARNED AT THE TIME OF THE ORDER TO ACTIVE MILITARY DUTY;
APPROVING CERTAIN OTHER SPECIFIED BENEFITS, WITH THE
MONIES FOR SUCH EXPENDITURE BEING ALLOCATED FROM
PREVIOUSLY APPROPRIATED SALARY AND SALARY SURPLUS
FUNDS; DIRECTING THE CITY MANAGER TO DETERMINE THE NEED
TO CONTINUE OR TERMINATE SUCH BENEFITS EVERY SIX MONTHS
AND TO ADVISE THE CITY COMMISSION ACCORDINGLY; AND
DIRECTING THE CITY MANAGER TO EXECUTE ALL THE NECESSARY
DOCUMENTS FOR SAID PURPOSE.
CA.16 04-00053 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
THE RELEASE, DISCHARGE AND WAIVER OF OPTION AND RIGHT
OF FIRST REFUSAL ("RELEASE"), IN SUBSTANTIALLY THE
ATTACHED FORM, FOR THE PROPERTY KNOWN TRACT 3 OF THE
"RIVERSIDE PLAZA" AS MORE PARTICULARLY DESCRIBED IN THE
ATTACHED RELEASE.
END OF CONSENT AGENDA
PERSONAL APPEARANCES
Note: Legislation may result from City Commission consideration of any personal appearance.
PA.1 03-0170
DISCUSSION ITEM
REVEREND SHO-SHANA TO ADDRESS THE COMMISSION
CONCERNING THE NEIGHBORHOOD ENHANCEMENT TEAM (NET)
OFFICE IN THE OVERTOWN AREA.
PA.2 03-0351 DISCUSSION ITEM
MR. ENRIQUE KOGAN PRESIDENT OF EK EVENTS WILL BE
ADDRESSING THE COMMISSION REGARDING THE EFFECTS OF THE
2003 MIAMI FTAA CONVENTION ON HIS ROCK EN MIAMI EVENT,
WHICH WAS HELD ON NOVEMBER 28, 2003.
PA.3 04-00112 DISCUSSION ITEM
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City Commission
Meeting Agenda February 12, 2004
MS. ALBENA SUMNER, COMMUNITY OUTREACH SPECIALIST OF THE
ROYALTY DRUG & PHARMACEUTICAL CARE, INC. TO ADDRESS THE
COMMISSION CONCERNING CDBG FUNDING.
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Meeting Agenda February 12, 2004
MAYOR AND COMMISSIONER'S ITEMS
CITYWIDE
HONORABLE MAYOR MANUEL A. DIAZ
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Meeting Agenda February 12, 2004
DISTRICT 1
COMMISSIONER ANGEL GONZALEZ
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Meeting Agenda February 12, 2004
DISTRICT 2
COMMISSIONER JOHNNY L. WINTON
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Meeting Agenda February 12, 2004
DISTRICT 3
VICE CHAIRMAN JOE SANCHEZ
D3.1 04-00037 RESOLUTION
District 3- Chair A RESOLUTION OF THE MIAMI CITY COMMISSION DESIGNATING
Joe Sanchez SETTLEMENT FUNDS RECEIVED TO BE USED FOR PARK
MAINTENANCE CITYWIDE, IN THE AMOUNT OF $500,000, FROM THE
CASE OF CITY OF MIAMI VS. DANVILLE-FINDORFF, INC., A FLORIDA
CORPORATION, HAMES CONTRACTING INC., A GEORGIA
CORPORATION, AND THE SHERWIN-WILLIAMS COMPANY, AN OHIO
CORPORATION IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA,
CASE NO. 99-22455 CA (23).
D3.2 04-00113 DISCUSSION ITEM
District 3- Chair DISCUSSION CONCERNING PROPER STAFFING AND MAINTENANCE
Joe Sanchez OF DISTRICT 3 PARKS.
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City Commission
Meeting Agenda February 12, 2004
D4.1 04-00063
District 4-
Commissioner
Tomas Regalado
D4.2 04-00070
District 4-
Commissioner
Tomas Regalado
D4.3
04-00074
D4.4 04-00088
District 4-
Commissioner
Tomas Regalado
D4.5 04-00103
District 4-
Commissioner
Tomas Regalado
DISTRICT 4
COMMISSIONER TOMAS REGALADO
DISCUSSION ITEM
DISCUSSION CONCERNING PROSTITUTION IN THE FLAGAMI AREA.
DISCUSSION ITEM
DISCUSSION DIRECTING THE ADMINISTRATION TO INITIATE A
STUDY OF THE LEJEUNE ROAD CORRIDOR INCLUDING A REVIEW
AND ANALYSIS OF THE DEMOGRAPHICS OF THE
UNINCORPORATED AREA FROM S.W. 8TH STREET TO S.W. 16TH
STREET AND FROM S.W. 37TH AVENUE TO S.W. 47TH AVENUE FOR
THE PURPOSE OF EXPLORING ANNEXATION TO THE CITY OF MIAMI;
FURTHER REQUESTING THAT THE ADMINISTRATION REPORT
THESE FINDINGS TO THE CITY COMMISSION WITHIN A PERIOD OF
120 DAYS.
DISCUSSION ITEM
DISCUSSION RELATED TO AN INCREASE OF $10,000 IN THE
EXISTING CONTRACT WITH T.J. PAVEMENT CORP. FOR "PROJECT
S.W. 11 STREET ROAD RECONSTRUCTION, B-5699," TO INCREASE
THE SCOPE OF WORK TO BUILD ADDITIONAL CONCRETE
SIDEWALKS, DRIVEWAYS, AND ROAD WORK.
DISCUSSION ITEM
DISCUSSION CONCERNING AN UPDATE FROM THE CITY CLERK ON
RESOLUTION #04-00060, URGING THE MIAMI-DADE COUNTY
SUPERVISOR OF ELECTIONS TO ALLOW THE CITY OF MIAMI TWO
ADDITIONAL EARLY VOTING SITES FOR THE PRESIDENTIAL
PRIMARY ON MARCH 9, 2004.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT
("AGREEMENT") BETWEEN THE CITY OF MIAMI AND THE MIAMI
OVERSEAS ASSOCIATION, INC., FOR STORAGE OF SIX DRAGON
BOATS AND USE OF A PORTION OF A BAY AT THE ORANGE BOWL
WAREHOUSE PROPERTY LOCATED AT 1501 NORTHWEST 3RD
STREET, MIAMI, FLORIDA, FOR THE DRAGON BOAT RACE EVENT
ON FEBRUARY 15, 2004 THROUGH OCTOBER 31, 2004, AT A USE
FEE OF $1.00 PER MONTH PLUS APPLICABLE FLORIDA STATE TAX,
AND SUBJECT TO ALL OTHER TERMS AND CONDITIONS AS SET
FORTH HEREIN.
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Meeting Agenda February 12, 2004
DISTRICT 5
CHAIRMAN ARTHUR E. TEELE, JR
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Meeting Agenda February 12, 2004
PUBLIC HEARING
PH.1 04-00040 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE,
AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND
SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND B & B
ENTERPRISES, FOR THE ACQUISITION OF PROPERTY LOCATED AT
247 NORTHEAST 59TH STREET, MIAMI, FLORIDA ("PROPERTY"), AS
LEGALLY DESCRIBED IN THE AGREEMENT, IN CONNECTION WITH
THE DEVELOPMENT OF LITTLE HAITI PARK, FOR A TOTAL
PURCHASE PRICE OF $189,750, AND TO CONSUMMATE SAID
TRANSACTION IN ACCORDANCE WITH THE TERMS OF THE
AGREEMENT; FURTHER ALLOCATING FUNDS, IN THE TOTAL
AMOUNT NOT TO EXCEED $215,950, FROM THE $255 MILLION
HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND FOR
COSTS INCLUDING BUT NOT LIMITED TO SURVEYS, APPRAISALS,
ENVIRONMENTAL REPORTS, TITLE INSURANCE, AND DEMOLITION.
PH.2 04-00041 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE,
AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND
SALE AGREEMENT
("AGREEMENT") BETWEEN THE CITY OF MIAMI AND BEN PUMO,
REVOCABLE TRUST, ATTACHED AND INCORPORATED, FOR THE
ACQUISITION OF PROPERTY LOCATED AT 6421 NORTHEAST 2ND
AVENUE, MIAMI, FLORIDA, ("PROPERTY"), AS LEGALLY DESCRIBED
IN THE AGREEMENT, IN CONNECTION WITH THE DEVELOPMENT OF
LITTLE HAITI PARK, FOR A TOTAL PURCHASE PRICE OF $538,225
AND TO CONSUMMATE SAID TRANSACTION IN ACCORDANCE WITH
THE TERMS OF THE AGREEMENT; ALLOCATING FUNDS, AT A
TOTAL AMOUNT NOT TO EXCEED $576,270, FROM THE $255
MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT
BOND FOR COSTS INCLUDING BUT NOT LIMITED TO SURVEYS,
APPRAISALS, ENVIRONMENTAL REPORTS, TITLE INSURANCE, AND
DEMOLITION.
City ofMiami Page 17 Printed on 3/11/2008
City Commission
Meeting Agenda February 12, 2004
ORDINANCES - SECOND READING
Note: Any proposed ordinance listed as an item for second reading in this section may be adopted
as an emergency measure upon being so determined by the City Commission.
SR.1 04-00001 ORDINANCE SECOND READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO ACCEPT A GRANT FROM THE MIAMI-DADE
COUNTY DEPARTMENT OF CULTURAL AFFAIRS AND THE
CULTURAL AFFAIRS COUNCIL FOR PROMOTIONAL MATERIALS FOR
THE ICHIMURA MIAMI-JAPAN GARDEN ON WATSON ISLAND, IN THE
AMOUNT OF $2,080, AUTHORIZING THE APPROPRIATION OF SAID
GRANT FUNDS INTO DEPARTMENTAL REVENUE PROJECT NO.
050101.143; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT
ACCEPTANCE OF SAID GRANT.
SR.2 04-00020
Department of
Community
Development
DATE: JANUARY 22, 2004
MOVER: COMMISSIONER GONZALEZ
SECONDER: VICE CHAIRMAN SANCHEZ
VOTE: AYES: 3 - COMMISSIONER GONZALEZ, SANCHEZ
AND TEELE
ABSENT: 2 - COMMISSIONER REGALADO AND
WINTON
ACTION: PASSED ON FIRST READING
ORDINANCE SECOND READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
NEW SPECIAL REVENUE FUND ENTITLED: "FY'2004 MIAMI-DADE
COUNTY SURTAX FUND" TO PROVIDE MULTI -FAMILY HOUSING
REHABILITATION FOR PROPERTIES WITH EXPIRING CONTRACTS
FOR SECTION 8 PROJECT BASED HOUSING UNITS TO INCREASE
AVAILABILITY OF DECENT AFFORDABLE HOMEOWNERSHIP AND
RENTAL HOUSING UNITS, AND APPROPRIATING FUNDS, IN THE
AMOUNT OF $1,000,000, TO SAID FUND, CONSISTING OF A GRANT
RECEIVED FROM MIAMI-DADE COUNTY; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR IMPLEMENTATION OF THE GRANT; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
DATE: JANUARY 22, 2004
City ofMiami Page 18 Printed on 3/11/2008
City Commission
Meeting Agenda February 12, 2004
DATE: JANUARY 22, 2004
MOVER: COMMISSIONER GONZALEZ
SECONDER: VICE CHAIRMAN SANCHEZ
VOTE: AYES: 3 - COMMISSIONER GONZALEZ, SANCHEZ
AND TEELE
ABSENT: 2 - COMMISSIONER REGALADO AND
WINTON
ACTION: PASSED ON FIRST READING
City ofMiami Page 19 Printed on 3/11/2008
City Commission
Meeting Agenda February 12, 2004
RESOLUTIONS
RE.1 04-00059 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING MODEL CITY COMMUNITY
REVITALIZATION DISTRICT TRUST'S ("MODEL CITY TRUST")
APPOINTMENT OF MARVA L. WILEY AS PRESIDENT/CHIEF
EXECUTIVE OFFICER OF THE TRUST, UNDER THE TERMS AND
CONDITIONS OF EMPLOYMENT AGREED UPON.
RE.2 03-0126 RESOLUTION
City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $49,000,
FROM FISCAL YEAR 2003-2004 BUDGETED FUNDS OF THE OFFICE
OF HEARING BOARDS, ACCOUNT NO. 001000.820101.6340.25019,
FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR
THE CODE ENFORCEMENT BOARD, INCLUDING ANY REQUIRED
RELATED LITIGATION SERVICES.
DATE: NOVEMBER 13, 2003
ACTION: WITHDRAWN
City ofMiami Page 20 Printed on 3/11/2008
City Commission
Meeting Agenda February 12, 2004
BOARDS AND COMMITTEES
BC.1 03-0003 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
Clerk INDIVIDUAL AS A MEMBER OF THE OVERTOWN ADVISORY BOARD
FOR A TERM AS DESIGNATED HEREIN.
BC.2 03-0231
Office of the City
Clerk
BC.3 03-0233
Office of the City
Clerk
APPOINTEE: NOMINATED BY:
Charles Cutler Chairman Arthur Teele, Jr.
DATE: OCTOBER 9, 2003
ACTION: DEFERRED
DATE: DECEMBER 18, 2003
ACTION: DEFERRED
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY
BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
John E. Matuska Commissioner Angel Gonzalez
DATE: DECEMBER 18, 2003
ACTION: DEFERRED
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW
BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Chairman Arthur Teele
DATE: DECEMBER 18, 2003
ACTION: DEFERRED
BC.4 03-0234 RESOLUTION
City ofMiami Page 21 Printed on 3/11/2008
City Commission
Meeting Agenda February 12, 2004
Office of the City
Clerk
BC.5 03-0235
Office of the City
Clerk
BC.6 03-0246
Office of the City
Clerk
BC.7 03-0320
Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A MEMBER OF THE MIAMI STREET CODESIGNATION
REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Chairman Joe Sanchez
DATE: DECEMBER 18, 2003
ACTION: DEFERRED
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A MEMBER OF THE LITTLE HAVANA FESTIVAL
COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Chairman Arthur Teele
DATE: OCTOBER 9, 2003
ACTION: DEFERRED
DATE: DECEMBER 18, 2003
ACTION: DEFERRED
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A MEMBER OF THE LITTLE HAVANA
HOMEOWNERSHIP ADVISORY BOARD FOR A TERM AS
DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Vice Chairman Joe Sanchez
(Public Advocate Seat)
DATE: DECEMBER 18, 2003
ACTION: DEFERRED
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN.
City ofMiami Page 22 Printed on 3/11/2008
City Commission
Meeting Agenda February 12, 2004
BC.8 04-00024
Office of the City
Clerk
BC.9 04-00035
Office of the City
Clerk
APPOINTEES:
Sam Gentry
Thomasina Williams
Maritza Gutierrez
NOMINATED BY:
Commissioner Johnny Winton
Commissioner Johnny Winton
Commissioner Tomas Regalado
Tomas Regalado Commissioner Tomas Regalado
(Acting Chairperson in the absence of the Mayor)
Orlando Garcia, Jr. Vice Chairman Joe Sanchez
Diego Garcia Vice Chairman Joe Sanchez
Pator Dwayne K. GaddisChairman Arthur E. Teele, Jr.
Arthur E. Teele, Jr. Chairman Arthur E. Teele, Jr.
DATE: JANUARY 8, 2004
ACTION: DEFERRED
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS
DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT
BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
Manuel Chamizo
(Regular member)
NOMINATED BY:
Vice Chairman Joe Sanchez
City ofMiami Page 23 Printed on 3/11/2008
City Commission
Meeting Agenda February 12, 2004
BC.10 04-00038
Office of the City
Clerk
BC.11 04-00039
Office of the City
Clerk
John Jones Commission At -Large
(Alternate member)
Anthony Cantey Commission At -Large
(Alternate member)
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY
ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Albena Sumner Commissioner Angel Gonzalez
Miriam Urra Commissioner Angel Gonzalez
Yvonne McDonald Commissioner Johnny Winton
Patrick Range, Jr. Commissioner Johnny Winton
Raul Dominguez Vice Chairman Joe Sanchez
Sam Mason Vice Chairman Joe Sanchez
Charles J. Flowers Chairman Arthur Teele
Charles Cutler Chairman Arthur Teele
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE
STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Marie Bell Commissioner Johnny Winton
Mary Racilia Smith Vice Chairman Sanchez
BC.12 03-0232 RESOLUTION
City ofMiami Page 24 Printed on 3/11/2008
City Commission
Meeting Agenda February 12, 2004
Office of the City
Clerk
BC.13 04-00056
Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD
FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Robert Valledor Vice Chairman Joe Sanchez
DATE: DECEMBER 18, 2003
ACTION: DEFERRED
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A MEMBER OF THE COCONUT GROVE PARKING
ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE:
Sue McConnell
NOMINATED BY:
Coconut Grove Village Council
City ofMiami Page 25 Printed on 3/11/2008
City Commission
Meeting Agenda February 12, 2004
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.
DI.1 03-0273 DISCUSSION ITEM
DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET
OUTLOOK.
DATE: DECEMBER 18, 2003
ACTION: NO ACTION TAKEN
DI.2 04-00104 DISCUSSION ITEM
DISCUSSION CONCERNING A FOLLOW-UP REPORT TO
RESOLUTION 03-1181, RATIFYING THE CITY MANAGER'S
EMERGENCY FINDING TO WAIVE THE REQUIREMENTS OF
COMPETITIVE SEALED BIDS AND COMPETITIVE SELECTION
PROCEDURES FOR THE FREE TRADE AREAS OF THE AMERICAS
(FTAA).
City ofMiami Page 26 Printed on 3/11/2008
City Commission
Meeting Agenda February 12, 2004
EXECUTIVE SESSION
2:30 P.M.
ES.1 04-00071 EXECUTIVE SESSION
UNDER F. S. 286.011(8) [2003], THE PERSON CHAIRING THIS
MEETING OF THE CITY OF MIAMI COMMISSION MEETING WILL
ANNOUNCE IMMEDIATELY AFTER THE CITY COMMISSION
CONVENES, THE COMMENCEMENT OF AN ATTORNEY -CLIENT
SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF
DISCUSSING PENDING LITIGATION: NATIONAL ADVERTISING CO.
VS. CITY OF MIAMI. THE SESSION, WHICH WILL BE THE SECOND
OF TWO CLOSED DOOR ATTORNEY -CLIENT SESSIONS
SCHEDULED FOR THIS DATE ON VARIOUS CASES, WILL BEGIN AT
APPROXIMATELY 3:00 P.M., OR AS SOON THEREAFTER, AT CITY
HALL, IN COMMISSIONER ANGEL GONZALEZ'S CONFERENCE
ROOM, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, AND
CONCLUDE AT APPROXIMATELY 3:30 P.M. THE SESSION WILL BE
ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, ANGEL
GONZALEZ, JOE SANCHEZ, TOMAS REGALADO, JOHNNY L.
WINTON, AND ARTHUR E. TEELE, JR.; THE CITY MANAGER, JOE
ARRIOLA; THE CITY ATTORNEY, ALEJANDRO VILARELLO, DEPUTY
CITY ATTORNEY, JOEL E. MAXWELL AND ATTORNEYS PARKER
THOMSON, CAROL LICKO AND LAURIE PIECHURA FROM THE LAW
FIRM OF HOGAN AND HARTSON, LLP, COUNSEL FOR THE CITY. A
CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE
THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT
WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE
LITIGATION. AT THE CONCLUSION OF THE SESSION, THE CITY
COMMISSION MEETING WILL BE REOPENED AND THE PERSON
CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE
TERMINATION OF THE SESSION. SAID COMMISSION MEETING WILL
CONVENE AT CITY HALL, CITY COMMISSION CHAMBER, 3500 PAN
AMERICAN DRIVE, MIAMI, FLORIDA.
2:40 P.M.
ES.2 04-00072 EXECUTIVE SESSION
UNDER F. S. 286.011(8) [2003], THE PERSON CHAIRING THIS MEETING
OF THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE
IMMEDIATELY AFTER THE CITY COMMISSION CONVENES, THE
COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO
THE PUBLIC, FOR PURPOSES OF DISCUSSING PENDING LITIGATION:
MARK'S CLASSIC CORPORATION, RICHARD AND SUNNY MANAGAN,
ET AL. VS. CITY OF MIAMI. THE SESSION, WHICH WILL BE THE FIRST
OF TWO CLOSED DOOR ATTORNEY -CLIENT SESSIONS SCHEDULED
FOR THIS DATE ON VARIOUS CASES, WILL BEGIN AT
APPROXIMATELY 2:45 P.M., AT CITY HALL, IN COMMISSIONER ANGEL
City ofMiami Page 27 Printed on 3/11/2008
City Commission
Meeting Agenda February 12, 2004
GONZALEZ'S CONFERENCE ROOM, 3500 PAN AMERICAN DRIVE,
MIAMI, FLORIDA, AND CONCLUDE AT APPROXIMATELY 3:00 P.M. THE
SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY
COMMISSION, ANGEL GONZALEZ, JOE SANCHEZ, TOMAS REGALADO,
JOHNNY L. WINTON, AND ARTHUR E. TEELE, JR.; THE CITY MANAGER,
JOE ARRIOLA; THE CITY ATTORNEY, ALEJANDRO VILARELLO,
DEPUTY CITY ATTORNEY, JOEL E. MAXWELL AND. ATTORNEYS
PARKER THOMSON, CAROL LICKO AND LAURIE PIECHURA FROM THE
LAW FIRM OF HOGAN AND HARTSON, LLP, COUNSEL FOR THE CITY.
A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT
THE SESSIONS ARE FULLY TRANSCRIBED AND THE TRANSCRIPT
WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE LITIGATION.
AT THE CONCLUSION OF THE SESSION, THE CITY COMMISSION
MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE
COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE
SESSION. SAID COMMISSION MEETING WILL CONVENE AT CITY HALL,
CITY COMMISSION CHAMBER, 3500 PAN AMERICAN DRIVE, MIAMI,
FLORIDA.
2:50 P.M.
ES.3 04-00073 EXECUTIVE SESSION
UNDER F. S. 286.011(8) [2003], THE PERSON CHAIRING THIS
MEETING OF THE CITY OF MIAMI COMMISSION MEETING WILL
ANNOUNCE IMMEDIATELY AFTER THE CITY COMMISSION
CONVENES, THE COMMENCEMENT OF AN ATTORNEY -CLIENT
SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF
DISCUSSING PENDING LITIGATION: DEBRA OHANIAN AND WEST
BEACH RESTAURANT, INC., D/B/A STARFISH VS. CITY OF MIAMI.
THE SESSION, WHICH WILL BE THE THIRD OF THREE CLOSED
DOOR ATTORNEY -CLIENT SESSIONS SCHEDULED FOR THIS DATE
ON VARIOUS CASES, WILL BEGIN AT APPROXIMATELY 2:50 P.M., AT
CITY HALL, IN COMMISSIONER ANGEL GONZALEZ'S CONFERENCE
ROOM, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, AND
CONCLUDE AT APPROXIMATELY 3:00 P.M. THE SESSION WILL BE
ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, ANGEL
GONZALEZ, JOE SANCHEZ, TOMAS REGALADO, JOHNNY L. WINTON
AND ARTHUR E. TEELE; JR., THE CITY MANAGER, JOE ARRIOLA;
THE CITY ATTORNEY, ALEJANDRO VILARELLO, ASSISTANT CITY
ATTORNEYS, MARIA J. CHIARO, JULIE O. BRU, AND REGINE M.
MONESTINE, COUNSEL FOR THE CITY. A CERTIFIED COURT
REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS
FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE
PUBLIC UPON THE CONCLUSION OF THE LITIGATION. AT THE
CONCLUSION OF THE SESSION, THE CITY COMMISSION MEETING
WILL BE REOPENED AND THE PERSON CHAIRING THE
COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF
THE SESSION. SAID COMMISSION MEETING WILL CONVENE AT
CITY HALL, CITY COMMISSION CHAMBER, 3500 PAN AMERICAN
City ofMiami Page 28 Printed on 3/11/2008
City Commission
Meeting Agenda February 12, 2004
DRIVE, MIAMI, FLORIDA.
City ofMiami Page 29 Printed on 3/11/2008
City Commission
Meeting Agenda February 12, 2004
Part B
The following items shall not be considered before 3:00 pm.
PZ.1 03-0190 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), GRANTING OR DENYING THE APPEAL FILED BY
J&J FLORIDA PROPERTIES, INC. ("APPELLANTS"), AND REVERSING
OR AFFIRMING A DECISION OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH
DESIGNATED THE WOLPERT APARTMENTS LOCATED AT 2500-2512
BISCAYNE BOULEVARD AS A HISTORIC SITE.
REQUEST: Appeal of a Historic and Environmental Preservation Board
Decision of a Historic Desgination
LOCATION: Approximately 2500-2512 Biscayne Boulevard
APPLICANT(S): Planning and Zoning Department
APPELLANT(S): David Z. Solkol, President
FINDINGS:
PLANNING AND ZONING DEPARTMENT: Recommended denial of the
appeal and uphold the decision of the Historic and Environmental
Preservation Board.
HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Approved
the designation on July 15, 2003 by a vote of 9-0.
PURPOSE: The approval of this appeal will not result in the historic
designation of this property.
DATE: NOVEMBER 25, 2003
ACTION: CONTINUED
DATE: JANUARY 22, 2004
ACTION: CONTINUED
City ofMiami Page 30 Printed on 3/11/2008
City Commission
Meeting Agenda February 12, 2004
PZ.2 03-0298 ORDINANCE SECOND READING
Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
-- City Commission ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 6 AND 9, IN
ORDER TO ADJUST THE PAYMENT AMOUNT FOR CONTRIBUTIONS
INTO THE CITY OF MIAMI'S AFFORDABLE HOUSING TRUST FUND;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
REQUEST: To Amend Ordinance No. 11000 Text
APPLICANT(S): Joe Arriola, Chief Administrator
FINDINGS:
PLANNING AND ZONING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Recommended approval to City
Commission on November 5, 2003 by a vote of 9-0.
PURPOSE: This will adjust the payment amount for contributions into the
City of Miami's Affordable Housing Trust Fund.
DATE: DECEMBER 18, 2003
MOVER: COMMISSIONER GONZALEZ
SECONDER: COMMISSIONER REGALADO
VOTE: AYES: 5 - COMMISSIONER GONZALEZ, REGALADO,
SANCHEZ, TEELE AND WINTON
ACTION: PASSED ON FIRST READING
DATE: JANUARY 22, 2004
ACTION: CONTINUED
City ofMiami Page 31 Printed on 3/11/2008
City Commission
Meeting Agenda February 12, 2004
PZ.3 03-0295 ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP
OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY
CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES
LOCATED AT APPROXIMATELY 3160, 3170, 3180 AND 3190 OAK
AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO
"DUPLEX RESIDENTIAL;" MAKING FINDINGS, DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
REQUEST: To Amend Ordinance No. 10544, from "Single Family
Residential" to "Duplex Residential" to Change the Future Land Use
Designation of the Miami Comprehensive Neighborhood Plan
LOCATION: Approximately 3160, 3170, 3180 and 3190 Oak Avenue
APPLICANT(S): Angel A. Gonzalez, Julian Guilarte, Augusto J. Gil,
Robert C. Brazofsky and M. Trading & Inestments, Inc, Owners
APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire
FINDINGS:
PLANNING AND ZONING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended approval on November
19, 2003 by a vote of 5-4. See companion File ID 03-0295a.
PURPOSE: This will allow a duplex -residential development site.
DATE: JANUARY 22, 2004
ACTION: CONTINUED
City ofMiami Page 32 Printed on 3/11/2008
City Commission
Meeting Agenda February 12, 2004
PZ.4 03-0295a ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 46 OF THE ZONING ATLAS
OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE
ZONING CLASSIFICATION FROM R-1 SINGLE-FAMILY RESIDENTIAL
TO R-2 TWO-FAMILY RESIDENTIAL FOR THE PROPERTIES LOCATED
AT APPROXIMATELY 3160, 3170, 3180 AND 3190 OAK AVENUE,
MIAMI, FLORIDA, LEGALLY DESCRIBED, IN ATTACHED
"EXHIBIT A," CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family
Residential to R-2 Two -Family Residential to Change the Zoning Atlas
LOCATION: Approximately 3160, 3170, 3180 and 3190 Oak Avenue
APPLICANT(S): Angel A. Gonzalez, Julian Guilarte, Augusto J. Gil,
Robert C. Brazofsky and M. Trading & Investments, Inc, Owners
APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire
FINDINGS:
PLANNING AND ZONING DEPARTMENT: Recommended denial.
ZONING BOARD: Recommended approval to City Commission on
December 15, 2003 by a vote of 9-0. See companion File ID 03-0295.
PURPOSE: This will allow a two-family residential development site.
DATE: JANUARY 22, 2004
ACTION: CONTINUED
City ofMiami Page 33 Printed on 3/11/2008