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HomeMy WebLinkAboutCC 2004-04-08 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, April 8, 2004 9:00 AM REGULAR (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 April 8, 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) City ofMiami Page 2 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 CONTENTS Items may be heard in the numbered sequence or as announced by the Commission PR - PRESENTATIONS AND PROCLAMATIONS Page 3 MV - MAYORAL VETOES AM - APPROVING MINUTES Pages 3-4 CA - CONSENT AGENDA Pages 6-16 M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS Pages 17-20 D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS Page 20 D5 - DISTRICT 5 ITEMS Pages 20-21 PH - PUBLIC HEARINGS Pages 22-33 3:00 P.M. - PH.6 - Deobligating 28th Year CDBG Funds 3:00 P.M.- PH.7 - Accepting HUD Grants 3:00 P.M. - PH.8 - Authorizing Allocation of CDBG Funds EM - EMERGENCY ORDINANCES Pages 34-36 SR - SECOND READING ORDINANCES Pages 37-39 RE - RESOLUTIONS Pages 39-48 BC - BOARDS AND COMMITTEES Pages 49-63 DI - DISCUSSION ITEMS Pages 64-87 11:00 A.M. - DI.6 - Presentation by Dept. of Off -Street Parking PART B PZ - PLANNING AND ZONING ITEMS Pages 91-144 TIME CERTAIN 4:00 P.M. - PZ.2 - 90-Day Temp Moratorium - 85/95 Feet Height 4:00 P.M. - PZ.3 - 90-Day Temp Moratorium - 40 Feet Height City ofMiami Page 3 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 4:30 P.M. - PZ.4 - 90-Day Temp Moratorium - SW 27 Av from Coral Wy to US-1 City ofMiami Page 4 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS AND PROCLAMATIONS PR.1 04-00372 CEREMONIAL ITEM Name of Honoree Presenter Protocol Item Santiago Jorge -Ventura Mayor Diaz Certificate of Appreciation 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: Planning and Zoning Meeting of April 25, 2002 Planning and Zoning Meeting of February 26, 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.20 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.20 be adopted..." The Presiding Officer or City Clerk shall state the following: "Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda. Hearing none, the vote on the adoption of the Consent Agenda will now be taken. CA.1 04-00260 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CHI ALARMS, INC., AWARDED BY INFORMAL SOLICITATION AUTHORIZED BY THE CITY MANAGER ON SEPTEMBER 2, 2002, PURSUANT TO RESOLUTION NO. 03-906, ADOPTED JULY 24, 2003; EXTENDING THE TERM OF THE CONTRACT FOR ONE (1) ADDITIONAL MONTH AND INCREASING THE CONTRACT, IN AN AMOUNT NOT TO EXCEED $10,000, FROM $99,928 TO $109,928, TO COVER COSTS OF ADDITIONAL WORK AND MATERIALS REQUIRED TO COMPLETE THE PROJECT ENTITLED, "CITY OF MIAMI M.M.P.D. FIRE ALARM MODIFICATIONS, B-6433;" ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 312025, ENTITLED "HEADQUARTER BUILDING RENOVATIONS;" City ofMiami Page 5 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 AMENDING RESOLUTION NO. 03-906 TO REFLECT SAID INCREASE. CA.2 04-00261 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID OF ENVIRONMENTAL PERFORMANCE SYSTEMS, INC., FOR THE PROJECT ENTITLED "CITYWIDE STORMWATER OUTFALLS/BAFFLE BOXES CLEANING PROJECT, B-5714" IN THE PROPOSED AMOUNT NOT TO EXCEED $346,867, ALLOCATING FUNDS FROM PUBLIC WORKS ACCOUNT NO. 001000.311003.6.340, IN AN AMOUNT NOT TO EXCEED $346,867, FOR CONTRACT COSTS; ALLOCATING FUNDS FROM PUBLIC WORKS ACCOUNT NO. 001000.311003.6.270, IN AN AMOUNT NOT TO EXCEED $55,453, FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN AN AMOUNT NOT TO EXCEED $402,320, 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 SAID PROJECT. CA.3 04-00263 Department of Parks and Recreation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO UNITECH BUILDERS, CORP., PURSUANT TO RESOLUTION NO. 02-902, FURTHER AMENDED BY RESOLUTION NO. 03-680, ADOPTED JUNE 12, 2003, FOR THE CONSTRUCTION OF THE NEW RECREATION BUILDING AT JOSE MARTI PARK, IN AN AMOUNT NOT TO EXCEED $50,000, FROM $1,618,720 TO $1,668,720, TO COVER THE COSTS OF LANDSCAPING AND A NEW FLOOR FOR THE AEROBIC/DANCE ROOM IN THE BUILDING; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS PROJECT NO. 331419; AMENDING RESOLUTION NO. 03-680, ADOPTED JUNE 12, 2003, TO REFLECT SAID INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. CA.4 04-00275 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE EXECUTIVE DIRECTOR OF THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST"), TO EXECUTE A COMPROMISE, SETTLEMENT AND RELEASE AGREEMENT ("SETTLEMENT AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH RACEWORKS, LLC ("LICENSEE"), FOR OUTSTANDING FINANCIAL OBLIGATIONS ASSOCIATED WITH GRAND PRIX AMERICAS ("2003 RACE EVENT"), HELD ON SEPTEMBER 26-28, 2003; AUTHORIZING AN AMENDMENT TO THE AGREEMENT DELETING THE TRUST AS A PARTY TO THE REVOCABLE LICENSE AGREEMENT EXECUTED BETWEEN THE CITY OF MIAMI ("CITY"), THE TRUST AND THE LICENSEE ON MAY 22, 2002. City ofMiami Page 6 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 CA.5 04-00276 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID OF ONE CROW, INC., FOR THE PROJECT ENTITLED "OVERTOWN STORMWATER PUMP STATION UPGRADES 3RD BIDDING, B-5650D," IN THE PROPOSED AMOUNT NOT TO EXCEED $286,000; ALLOCATING FUNDS FOR CONTRACT COSTS IN AN AMOUNT NOT TO EXCEED $286,000, PLUS $76,320 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 352216, IN AN AMOUNT NOT TO EXCEED $189,119.75, AND CIP NO. 313855, IN THE AMOUNT NOT TO EXCEED $173,200.25, FOR TOTAL PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $362,320, AS SET FORTH ON THE TABULATION OF BIDS DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. CA.6 04-00277 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN COMPENSATION FOR THE PROFESSIONAL SERVICES OF MARLIN ENGINEERING, INC., PREVIOUSLY APPROVED BY RESOLUTION NO. 03-087, ADOPTED JANUARY 23, 2003, FOR THE PROJECT ENTITLED "NW 14TH STREET PROJECT, B-5686," FOR CHANGES OF THE DESIGN, INCLUSION OF ADDITIONAL PORTION AND THE RELATED CONSTRUCTION ADMINISTRATION SERVICES, IN AN AMOUNT NOT TO EXCEED $199,730.04, INCREASING COMPENSATION FROM $134,600 TO $334,330.04, BASED ON (1) THE MODIFIED SCOPE OF SERVICES AND SCHEDULE REQUIRED FOR SAID PROJECT, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH MARLIN ENGINEERING EXECUTED PURSUANT TO RESOLUTION NO. 02-144, ADOPTED FEBRUARY 14, 2002; ALLOCATING FUNDS FOR SAID INCREASE, IN A TOTAL AMOUNT NOT TO EXCEED $199,730.04, FOR SERVICES AND EXPENSES INCURRED BY THE CITY, FROM CAPITAL IMPROVEMENT PROJECT NO. 341183, ENTITLED "CITYWIDE STREET IMPROVEMENTS FISCAL YEAR 2001-2005;" AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL WORK ORDER, IN SUBSTANTIALLY THE ATTACHED FORM; AMENDING RESOLUTION NO. 03-087 TO REFLECT SAID INCREASE. CA.7 04-00278 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF SABRE COMMUNICATIONS CORPORATION, FOR REMOVAL OF AN EXISTING GUYED TOWER, PURCHASE AND DELIVERY OF ONE (1) NEW 125-FOOT SELF-SUPPORTING RADIO TOWER WITH ICE BRIDGE, INCLUDING CONSTRUCTION AND ANTENNA INSTALLATIONS, FOR FIRE STATION 11, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, IN AN AMOUNT NOT TO City ofMiami Page 7 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 EXCEED $98,963; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 311052.429401.6.840, B-74202. CA.8 04-00279 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACQUISITION OF CITYWIDE WIRELESS TELECOMMUNICATIONS SERVICES, EQUIPMENT, SOFTWARE, INSTALLATION AND OTHER RELATED SERVICES TO UPGRADE THE EXISTING WIRELESS CELLULAR DIGITAL PACKET DATA SERVICE ("CDPD") NETWORK CURRENTLY PROVIDED BY AT&T WIRELESS SERVICES, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, UTILIZING MIAMI-DADE COUNTY BID NO. 7525-2/06, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY, FOR AN INITIAL ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $400,000, ALLOCATING FUNDS FROM INFORMATION TECHNOLOGY ACCOUNT CODE NO. 460101-510, AS MAY BE ADJUSTED FROM TIME TO TIME BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS ORDINANCES, OR AS OTHERWISE ADJUSTED AS PERMITTED BY LAW. CA.9 04-00280 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ESTABLISHMENT OF A PRE -QUALIFIED LIST, FOR CATEGORIES A, B, C, D, AND APPRAISAL -RELATED CONSULTING SERVICES, AS LISTED ON "EXHIBIT A," TO PROVIDE GENERAL APPRAISAL AND APPRAISAL -RELATED CONSULTING SERVICES ON A CITYWIDE AS -NEEDED BASIS; AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE AGREEMENTS OR PROFESSIONAL SERVICES AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR THREE ADDITIONAL ONE-YEAR PERIODS; FURTHER AUTHORIZING THE ADDITION OF QUALIFIED PROPOSERS TO THE LIST WHEN DEEMED NECESSARY; ALLOCATING FUNDS FROM THE OPERATING BUDGETS OF VARIOUS USERS FOR THE CURRENT FISCAL YEAR, AS MAY BE ADJUSTED FROM TIME TO TIME BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS ORDINANCES, OR AS OTHERWISE ADJUSTED AS PERMITTED BY LAW. CA.10 04-00281 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THE FURNITURE ITEMS ON THE FURNITURE LIST, ATTACHED AND INCORPORATED, UTILIZED BY VARIOUS CITY OF MIAMI DEPARTMENTS, AS "CATEGORY A" City ofMiami Page 8 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 SURPLUS STOCK; DONATING SAID ITEMS TO HOLMES ELEMENTARY SCHOOL, IN SUPPORT OF THE MAYOR'S MENTORING INITIATIVE. CA.11 04-00292 DISCUSSION ITEM ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. CA.12 04-00224 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY AMERIGAS, L.P., WITHOUT ADMISSION OF LIABILITY, THE SUM OF $129,809.16 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF AMERIGAS, L.P. VS. CITY OF MIAMI, IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 01-12279 CA 10, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM INDEX CODE NO. 515001.624401.6340.65119. CA.13 04-00321 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO WATER MANAGEMENT TECHNOLOGIES, A SOLE SOURCE CONTRACT, PURSUANT TO RESOLUTION NO. 03-593, FURTHER AMENDED BY RESOLUTION NO. 03-1052, ADOPTED MAY 22, 2003, FOR ADDITIONAL WORK TO BE PERFORMED BY THE SCAVENGER 2000 DEPOLLUTION BOAT, IN AN AMOUNT NOT TO EXCEED $25,000, FROM $368,000 TO $393,000, ALLOCATING FUNDS FOR SAID INCREASE FROM THE PUBLIC WORKS OPERATING BUDGET ACCOUNT NO. 001000.311003.6.340; AMENDING RESOLUTION NO. 03-1052, TO REFLECT SAID INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. CA.14 04-00322 RESOLUTION City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF THE LAW FIRM OF GUNSTER, YOAKLEY & STEWART, P.A., TO RENDER LEGAL SERVICES CONCERNING THE LEASE AND DEVELOPMENT OF WATSON ISLAND BY FLAGSTONE PROPERTIES, LLC, IN AN AMOUNT NOT TO EXCEED $25,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNT CODE NO. 344102.239501.6.250, FOR SAID SERVICES. CA.15 04-00323 RESOLUTION City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF AKERMAN, City ofMiami Page 9 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 SENTERFITT & EIDSON, P.A. FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF ALICE YOUNG, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANTONIO ALEXANDER YOUNG VS. CITY OF MIAMI, ET AL. IN THE U. S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 99-2994-CIV-JORDAN, IN THE AMOUNT OF $80,700 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.652, FOR SAID SERVICES. City ofMiami Page 10 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 CA.16 04-00325 RESOLUTION City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW OFFICES OF ROBERT S. GLAZIER FOR REPRESENTATION OF THE CITY OF MIAMI IN VARIOUS APPELLATE MATTERS IN AN AGGREGATE AMOUNT NOT TO EXCEED $25,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM VARIOUS SELF INSURANCE AND INSURANCE TRUST FUND ACCOUNTS. CA.17 04-00328 RESOLUTION City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., IN AN AMOUNT NOT TO EXCEED $12,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF ROBERT M. JASINSKI, ET AL VS. CITY OF MIAMI, CASE NO. 01-28889 CA (09), IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, A CASE RELATED TO THE DEFENSE OF THE CITY OF MIAMI PARKING SURCHARGE; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. CA.18 04-00265 Department of Parks and Recreation CA.19 04-00266 Department of Parks and Recreation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2004" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN AN AMOUNT NOT TO EXCEED $573,894, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE ("USDA") THROUGH THE FLORIDA DEPARTMENT OF EDUCATION ("DOE"); AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD FROM USDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY ("SCHOOL BOARD") FOR THE PROVISION OF LUNCHES AND SNACKS TO THE PARTICIPANTS OF THE CITY OF MIAMI'S 2004 SUMMER FOOD SERVICE PROGRAM, OPERATED BY THE DEPARTMENT OF PARKS AND RECREATION; ALLOCATING FUNDS FOR SAID MEALS, FROM THE SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2004 SPECIAL REVENUE FUND. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "CITY OF MIAMI PROGRAMS FOR PERSONS WITH DISABILITIES MIAMI-DADE COUNTY A.D.A. GRANT" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $36,786.62, PROVIDED TO THE CITY OF City ofMiami Page 11 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 MIAMI ("CITY") FROM MIAMI-DADE COUNTY ("COUNTY"), OFFICE OF AMERICANS WITH DISABILITIES ACT ("A.D.A.") COORDINATION 2002-2003 GRANT FUND; 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; ALLOCATING DOLLAR FOR DOLLAR MATCHING FUNDS FROM THE CITY, AS REQUIRED FOR SAID GRANT FROM THE DEPARTMENT OF PARKS GENERAL FUNDS. CA.20 04-00257 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE DIRECTOR OF FINANCE TO PAY BUNKERS OF MIAMI, A FLORIDA JOINT VENTURE; BUNKERS OF MIAMI, INC., A FLORIDA CORPORATION, BUNKERS MANAGEMENT GROUP, INC., A FLORIDA CORPORATION; AND BUNKERS, INC., A FLORIDA CORPORATION (HEREINAFTER "BUNKERS"), WITHOUT ADMISSION OF LIABILITY, THE SUM OF $850,000 PLUS AN ANNUAL PAYMENT OF $110,000 PER YEAR UNTIL 2007 TO CHARLES DELUCCA FOR MANAGEMENT OF THE MELREESE GOLF COURSE, IN FULL AND COMPLETE SETTLEMENT, PURSUANT TO THE SETTLEMENT AGREEMENT AND APPENDICES, ATTACHED, OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF BUNKERS, ET AL. V. CITY OF MIAMI, ARBITRATION CASE NO. 32 Y 181 00459 03, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF- INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.650; FURTHER AUTHORIZING THE TERMINATION OF THE MANAGEMENT AGREEMENT DATED JANUARY 25, 1996 BETWEEN THE CITY OF MIAMI AND BUNKERS OF MIAMI, A FLORIDA JOINT VENTURE. END OF CONSENT AGENDA City ofMiami Page 12 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ City ofMiami Page 13 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 DISTRICT 1 COMMISSIONER ANGEL GONZALEZ City ofMiami Page 14 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 04-00369 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 02-705, ADOPTED JUNE 13, 2002, TO (1) REFLECT THE CORRECT GRANT AWARD AMOUNT RECEIVED FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION, TRANSPORTATION OUTREACH PROGRAM, IN AN ADDITIONAL AMOUNT OF $33,600, FOR A TOTAL AWARD AMOUNT OF $480,000, ALLOCATING FUNDS FROM SPECIAL REVENUE ACCOUNT CODE NO. 110013.850104.270, AND (2) AUTHORIZING AN INCREASE IN THE PROFESSIONAL SERVICES AGREEMENT FEE WITH DAVID PLUMMER & ASSOCIATES, INC., APPROVED BY SAID RESOLUTION, IN AN AMOUNT NOT TO EXCEED $194,997, FROM $446,400 TO $641,397, FOR COMPLETION OF A PROJECT DEVELOPMENT AND ENVIRONMENTAL STUDY ENTITLED: DUPONT PLAZA PROJECT-METROMOVER REALIGNMENT DOWNTOWN MIAMI," ALLOCATING FUNDS FOR SAID INCREASE FROM THE CITY OF MIAMI'S ONE-HALF CENT TRANSIT SURTAX, ACCOUNT CODE NO. 341330, AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. City ofMiami Page 15 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ City ofMiami Page 16 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 D4.1 04-00350 District 4- Commissioner Tomas Regalado DISTRICT 4 COMMISSIONER TOMAS REGALADO DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION ON THE SOUTHWEST 16TH TERRACE ROAD RECONSTRUCTION, THE SOUTHWEST 16TH TERRACE STREET IMPROVEMENTS, AND OTHER CAPITAL IMPROVEMENT PROJECTS LOCATED IN DISTRICT 4. City ofMiami Page 17 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 D5.1 04-00351 District 5- Vice Chair Michelle Spence -Jones DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION 04-0197, ADOPTED MARCH 25, 2004, TO REFLECT MULTI CULTURE WOMEN OF AMERICA AS THE CORRECT NAME OF THE ORGANIZATION HOSTING THE TOUR AND TO REFLECT DIPLOMAT, INC. AS THE COMPANY PROVIDING THE TRANSPORTATION SERVICES. City ofMiami Page 18 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 PUBLIC HEARING PH.1 04-00264 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "1900 SMA," A SUBDIVISION IN THE CITY OF MIAMI ("CITY") OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PH.2 04-00314 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA POWER AND LIGHT COMPANY FOR A TEN (10) TO FOURTEEN (14) FOOT WIDE STRIP PERPETUAL NON-EXCLUSIVE UTILITY EASEMENT, ON CITY -OWNED PROPERTY LOCATED AT APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND UTILITY FACILITIES AND VAULT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE THE VOLTAGE, AND REMOVE SUCH FACILITIES OR ANY OF THEM WITHIN THE EASEMENT. PH.3 04-00315 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BELLSOUTH TELECOMMUNICATIONS, INC. FOR A TEN (10) FOOT WIDE STRIP PERPETUAL NON-EXCLUSIVE EASEMENT, AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, LOCATED ON CITY -OWNED PROPERTY AT APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, TO CONSTRUCT, OPERATE, MAINTAIN, ADD, AND/OR REMOVE SUCH SYSTEMS OF COMMUNICATION, FACILITIES, STAND- BY GENERATORS AND ASSOCIATED FUEL SUPPLY SYSTEMS, AS A MEANS OF PROVIDING UNINTERRUPTED SERVICE DURING COMMERCIAL POWER OUTAGES, WITH ALL WIRING, CABLE, OR CONDUITS TO BE PLACED UNDERGROUND. PH.4 04-00155 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 19 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 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 OLGA FELIX AND ANN MARIE LOURDE-LACROIX, FOR THE ACQUISITION OF THE PROPERTY LOCATED AT 5901-09 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 NOT TO EXCEED $550,000, AND TO CONSUMMATE SAID TRANSACTION IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT; ALLOCATING FUNDS, AT A TOTAL AMOUNT NOT TO EXCEED $586,902, FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND FOR COSTS INCLUDING BUT NOT LIMITED TO SURVEYS, APPRAISALS, ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, AND FENCING. DATE: MARCH 25, 2004 ACTION: DEFERRED PH.5 04-00235 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION THAT SEALED BIDDING PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND APPROVING THE FINDINGS OF THE ENTERPRISE RESOURCE PLANNING ("ERP") EXECUTIVE STEERING COMMITTEE THAT THE MOST QUALIFIED FIRMS TO PROVIDE ERP SOFTWARE ARE (IN ALPHABETICAL ORDER): LAWSON, ORACLE, PEOPLESOFT, SAP AND APPROVING ANY NECESSARY THIRD -PARTY APPLICATION SOFTWARE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ONE OF SAID TOP -RANKED VENDORS, FOR THE PURCHASE OF ERP SOFTWARE, IN AN AMOUNT BETWEEN $1,400,000 AND $2,600,000, PURSUANT TO THE ATTACHED TERMS WHICH WILL BE EVALUATED ON TECHNICAL AND FUNCTIONAL REQUIREMENTS THAT BEST FIT THE NEEDS OF THE CITY OF MIAMI ("CITY"), TOTAL COST OF OWNERSHIP, VIABILITY, SCRIPTED DEMOS, REFERENCES, EXPERIENCE OF PROVIDING SOFTWARE TO MUNICIPALITIES OR GOVERNMENT AGENCIES OF SIMILAR SIZE AND/OR COMPLEXITY, AND COST; AUTHORIZING THE NEGOTIATION OF AN AGREEMENT WITH THE NEXT TOP -RANKED FIRM(S) SHOULD NEGOTIATIONS FAIL WITH THE FIRST TOP -RANKED FIRM, UNTIL A SUCCESSFUL CONTRACT IS NEGOTIATED; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION, REVIEW AND APPROVAL; ALLOCATING FUNDS FROM THE INFORMATION City ofMiami Page 20 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 3:00 P.M. PH.6 04-00251 Department of Community Development TECHNOLOGY ERP CAPITAL IMPROVEMENT PROJECT ("CIP") ACCOUNT CODE NO. 311613, AND FROM THE OPERATING BUDGETS OF VARIOUS DEPARTMENTS CITYWIDE AND VARIOUS CIP ACCOUNTS, SUBJECT TO BUDGETARY APPROVAL. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DE -OBLIGATION OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED $40,000, FROM THE LATIN QUARTER CULTURAL CENTER OF MIAMI, INC. ("LQCC"), FOR THE CAPITAL IMPROVEMENT PROJECT IN DISTRICT 3, AND 29TH YEAR CDBG PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED $40,000, FROM THE LQCC, FOR PUBLIC FACILITIES AND IMPROVEMENTS IN DISTRICT 3, FOR A TOTAL AMOUNT NOT TO EXCEED $80,000; ALLOCATING SAID FUNDS TO THE LITTLE HAVANA HOME OWNERSHIP ZONE TRUST FOR THE DEVELOPMENT OF HOUSING. PH.7 04-00316 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ENTITLEMENT GRANTS, UNDER THE AMERICAN DREAM DOWNPAYMENT INITIATIVE PROGRAM FOR FISCAL YEARS 2003 AND 2004, FOR USE AS DOWNPAYMENT ASSISTANCE IN THE PURCHASE OF SINGLE FAMILY HOUSING BY LOW-INCOME FAMILIES WHO ARE FIRST-TIME HOME BUYERS, TO BE PROVIDED IN THE FORM OF A DEFERRED, NON -INTEREST BEARING, NON -AMORTIZING TWENTY-YEAR LOAN TO BE REPAID BY THE HOME BUYER, IN FULL, IN THE EVENT THAT THE HOME IS SOLD, LEASED OR RENTED DURING THE TWENTY-YEAR PERIOD; AUTHORIZING THE CITY MANAGER TO DETERMINE WHETHER REPAYMENT BY THE HOME BUYER IS REQUIRED IN THE EVENT OF REFINANCING OF THE HOME DURING THE TWENTY-YEAR PERIOD, ON A CASE BY CASE BASIS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANTS AND PROGRAM. PH.8 04-00317 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED $90,000, FROM PREVIOUSLY APPROVED DISTRICT 5 LITTLE HAITI JOB CREATION PILOT PROJECT SET -ASIDE TO TARPUN BAY USA, INC., IN THE FORM OF A FIVE-YEAR DEFERRED, FORGIVABLE LOAN WITH THE PROVISION THAT THE FUNDS BE USED TO CREATE AND MAINTAIN NEW EMPLOYMENT OPPORTUNITIES FOR City ofMiami Page 21 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 RESIDENTS OF THE LITTLE HAITI NEIGHBORHOOD, FOR A FIVE-YEAR PERIOD, SUBJECT TO PROVISIONS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM WITH SAID AGENCY. City ofMiami Page 22 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 ORDINANCE - EMERGENCY (Note: This item is being presented as an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety and property of the City of Miami, and upon further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies and to generally carry on the functions and duties of municipal affairs) EM.1 04-00368a ORDINANCE EMERGENCY ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 12476, THAT AMENDED ORDINANCE NO. 12420, THE ANNUAL APPROPRIATIONS ORDINANCE, WHICH INCREASES CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2004; TO ADD LANGUAGE RELATED TO THE NUMBER OF EMPLOYEES DESIGNATED IN THE ORDINANCE EITHER BY POSITION SUMMARY OR BY ORGANIZATIONAL CHART AND THE NUMBER OF NEIGHBORHOOD ENHANCEMENT TEAM ("NET") SERVICE CENTERS; FURTHER DIRECTING THAT ANY PERMANENT CHANGE TO THE NUMBER OF EMPLOYEES OR LOCATION OF NET SERVICE CENTERS, BE APPROVED BY THE CITY COMMISSION; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 23 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 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 04-00299 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2, ARTICLE XI, DIVISION 2, SECTION 2-887(b) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "QUORUM REQUIREMENTS; EXCEPTIONS" TO EXEMPT THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") FROM THE QUORUM REQUIREMENTS SET FORTH THEREIN; AND AMENDING CHAPTER 14, ARTICLE II, DIVISION 2, SECTION 14-52 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MEETINGS; RULES AND REGULATIONS; COMPENSATION OF MEMBERS" TO ESTABLISH THE QUORUM REQUIREMENTS OF THE DDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. DATE: MARCH 25, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER GONZALEZ VOTE: AYES: 3 - COMMISSIONER GONZALEZ, WINTON AND REGALADO ABSENT: 2 - COMMISSIONER SANCHEZ AND TEELE ACTION: PASSED ON FIRST READING SR.2 04-00336 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/MAYOR'S INTERNATIONAL COUNCIL," TO CHANGE THE VOTING STATUS OF THE MAYOR FROM A VOTING TO NON -VOTING MEMBER, TO CHANGE THE STATUS OF THE EXECUTIVE DIRECTOR, TO ADD TWO MEMBERS TO THE BOARD TO BE APPOINTED BY THE COMMISSION -AT -LARGE AND TO CORRECT AN ERROR IN THE TERMS OF THE MEMBERS APPOINTED BY THE COMMISSION TO BE APPOINTED FOR SPECIFIC STAGGERED EXPIRATION TERMS; MORE PARTICULARLY BY AMENDING SECTION 2-923(a) OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City ofMiami Page 24 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 DATE: MARCH 25, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER GONZALEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, REGALADO AND TEELE ABSENT: 1 - COMMISSIONER SANCHEZ ACTION: PASSED ON FIRST READING 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. DATE: FEBRUARY 12, 2004 ACTION: DEFERRED DATE: MARCH 11, 2004 ACTION: DEFERRED DATE: MARCH 25, 2004 ACTION: DEFERRED RE.2 04-00362 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MADILE DE SEGUINS, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $24,500, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF MADILE DE SEGUINS VS. CITY OF MIAMI,ET AL., IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 02-16872 CA (27), UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651. RE.3 04-00272 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO HDR ENGINEERING, INC., PURSUANT TO RESOLUTION NO. 04-0010, ADOPTED JANUARY 8, 2004, IN AN AMOUNT NOT TO EXCEED $1,000,000, INCREASING THE CONTRACT AMOUNT FROM $1,000,000 TO $2,000,000, FOR PROFESSIONAL CONSULTING SERVICES FOR MANAGEMENT SKILLS, TO BE UTILIZED CITYWIDE ON AN AS -NEEDED CONTRACT BASIS; AMENDING RESOLUTION NO. 04-0010 TO REFLECT SAID City ofMiami Page 25 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 INCREASE ; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT ACCOUNT NO. 341330. RE.4 04-00236 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURCHASE OF ENTERPRISE RESOURCE PLANNING ("ERP") IMPLEMENTATION SERVICES FROM ANY OF THE FOLLOWING RECOMMENDED FIRMS PURSUANT TO THE TERMS SET FORTH IN REQUEST FOR PROPOSALS NO. 15-973-516-R, ATTACHED AND INCORPORATED, (LISTED IN ALPHABETICAL ORDER): BEARING POINT, INC., BLACKWELL CONSULTING SERVICES AND IBM, OR ANY ADDITIONAL FIRMS ADDED BY THE STATE OF FLORIDA, SUBJECT TO ANY EXTENSIONS, OR NEW OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, WITH FIRMS TO BE EVALUATED REGARDING COMPANY BACKGROUND, VIABILITY, EXPERIENCE, EXPERTISE, REFERENCES AND COST TO IMPLEMENT THE ERP SOFTWARE SELECTED, IN AN AMOUNT BETWEEN $4,500,000 AND $7,000,000; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE NEXT HIGHEST RANKED FIRM(S) SHOULD NEGOTIATIONS FAIL WITH THE FIRST TOP -RANKED FIRM, UNTIL A SUCCESSFUL CONTRACT IS NEGOTIATED; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT ACCOUNTS, SPECIAL REVENUE FUNDS, AND/OR OPERATING BUDGETS OF VARIOUS DEPARTMENTS AND AGENCIES, AS MAY BE ADJUSTED BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENT ORDINANCES, OR AS OTHERWISE PERMITTED BY LAW. City ofMiami Page 26 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 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. APPOINTEE: NOMINATED BY: Charles Cutler Chairman Arthur Teele, Jr. DATE: OCTOBER 9, 2003 ACTION: DEFERRED DATE: DECEMBER 18, 2003 ACTION: DEFERRED DATE: FEBRUARY 12, 2004 ACTION: DEFERRED BC.2 03-0233 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD FOR A TERM AS DESIGNATED HEREIN. BC.3 04-00024 Office of the City Clerk APPOINTEE: NOMINATED BY: Chairman Arthur Teele DATE: DECEMBER 18, 2003 ACTION: DEFERRED DATE: FEBRUARY 12, 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: Camilo Alvarado Boshell Commissioner Angel Gonzalez City ofMiami Page 27 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 BC.4 04-00175 Office of the City Clerk BC.5 04-00176 Office of the City Clerk (appointment deferred) Commissioner Tomas Regalado DATE: FEBRUARY 12, 2004 ACTION: DEFERRED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Felice Dubin Commissioner Angel Gonzalez Alfredo Richard Commissioner Johnny Winton Lee Cohen Commissioner Tomas Regalado Luis Palomo Vice Chairman Joe Sanchez Shelley Greenidge Chairman Arthur Teele Shirley Richardson Chairman Arthur Teele Seth Gordon Mayor Manuel Diaz Pablo Cejas Mayor Manuel Diaz Claudia Puig Mayor Manuel Diaz George Lindemann Mayor Manuel Diaz (No Appointment Made) Mayor Manuel Diaz 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: John Jones Commissioner Tomas Regalado Anthony Cantey Commissioner Tomas Regalado CONFIRMATIONS: City ofMiami Page 28 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 BC.6 04-00185 Office of the City Clerk BC.7 04-00187 Office of the City Clerk Maria Bao Commission At -Large (Representative of AFSCME Local 1907) Viona Browne Commission At -Large (Representative of Fraternal Order of Police) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Milagros Loyal Commissioner Angel Gonzalez (No Appointment Made) Commissioner Angel Gonzalez Robert Flanders Commissioner Johnny Winton Rick Walsh Commissioner Johnny Winton (No Appointment Made) Commissioner Tomas Regalado (No Appointment Made) Commissioner Tomas Regalado Sallye Jude Vice Chairman Joe Sanchez (No Appointment Made) Vice Chairman Joe Sanchez Sonny Armbrister Chairman Arthur Teele Albena Sumner Chairman Arthur Teele (No Appointment Made) Mayor Manuel Diaz 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. APPOINTEES: NOMINATED BY: Commissioner Angel Gonzalez Commissioner Angel Gonzalez (No Appointment Made) Commissioner Angel Gonzalez City ofMiami Page 29 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 BC.8 04-00188 Office of the City Clerk BC.9 04-00198 Office of the City Clerk BC.10 04-00253 Office of the City Clerk BC.11 04-00268 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Arthur E. Teele, Jr. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Term Expiration Date: Brenda Shapiro January 23, 2007 Fred St. Amand January 23, 2007 Larry Handfield January 23, 2007 Rodolfo H. De La Guardia January 23, 2007 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chantal C. Meo Commissioner Johnny Winton (January 31, 2006 - unexpired) Wilfredo Calvino Commissioner Angel Gonzalez (January 31, 2006 - unexpired) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE SOUTH FLORIDA WORKFORCE BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City ofMiami Page 30 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 Gilda Ferradaz Commission At -Large City ofMiami Page 31 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 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 04-00267 DISCUSSION ITEM A DISCUSSION CENCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. DI.2 04-00284 DISCUSSION ITEM UPDATE REGARDING THE STATUS OF SITE SELECTION, ESTIMATED CONSTRUCTION COSTS, AND CONSTRUCTION TIMELINE FOR THE MOUNTED PATROL UNIT'S STABLES. DI.3 04-00313 DISCUSSION ITEM PRESENTATION CONCERNING THE STATUS OF HISTORIC PRESERVATION IN THE CITY. DI.4 04-00335 DISCUSSION ITEM UPDATE REGARDING STATUS OF PROGRAMMING FOR RESIDENTS AT PIONEER HOME. DI.5 04-00382 DISCUSSION ITEM DISCUSSION CONCERNING PART TIME/TEMPORARY EMPLOYEE'S PROMOTIONAL OPPORTUNITIES TO FULL TIME, CIVIL SERVICE STATUS. 11:00 A.M. DI.6 04-00318 DISCUSSION ITEM PRESENTATION BY THE GREATER MIAMI CONVENTION AND VISITORS BUREAU ON THE MARKETING PLAN FOR COCONUT GROVE. City ofMiami Page 32 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 EXECUTIVE SESSION 2:45 P.M. ES.1 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 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. DATE: MARCH 11, 2004 ACTION: DEFERRED 3:00 P.M. ES.2 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 City ofMiami Page 33 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 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. DATE: MARCH 11, 2004 ACTION: DEFERRED City ofMiami Page 34 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 PART B The following item shall not be considered before 3:00 pm. RESOLUTION PZ.1 03-0422 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF A ROADWAY SOUTHWEST 2ND COURT) BETWEEN SOUTHWEST 17TH ROAD AND I-95, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." REQUEST: Official Vacation and Closure of a Public Right -of -Way LOCATION: Approximately a Roadway (SW 2nd Court) Between SW 17th Road and 1-95 APPLICANT(S): Century Homebuilders, LLC APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: See supporting documentation. PLAT & STREET COMMITTEE: See supporting documentation. ZONING BOARD: Recommended denial to City Commission on December 15, 2003 by a vote of 5-4. PURPOSE: This will allow a unified commercial development site. DATE: JANUARY 22, 2004 ACTION: CONTINUED DATE: FEBRUARY 26, 2004 ACTION: CONTINUED City ofMiami Page 35 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 The following items shall not be considered before 4:00 pm. SECOND READING ORDINANCE PZ.2 04-00082 ORDINANCE SECOND READING Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A Attorney 90-DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR NEW BUILDINGS IN EXCESS OF 85 FEET (COMMERCIAL) OR 95 FEET (RESIDENTIAL) IN HEIGHT FOR THAT AREA LOCATED IN AND REGULATED UNDER THE SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT OF THE ZONING ORDINANCE AND ZONING ATLAS OF THE CITY OF MIAMI; PROVIDING FOR A TERM; PROVIDING FOR PENDING APPLICATIONS; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW; CONTAINING A REPEALER PROVISION, 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 January 21, 2004 by a vote of 8-0. This is related to File ID 04-00082a. PURPOSE: This will establish a 90-day temporary moratorium on the acceptance of applications for new buildings over a certain height along the SD-9 Biscayne Boulevard North Overlay District. DATE: FEBRUARY 26, 2004 MOVER: COMMISSIONER WINTON SECONDER: VICE CHAIRMAN SANCHEZ VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND TEELE ACTION: PASSED ON FIRST READING WITH MODIFICATIONS DATE: MARCH 11, 2004 ACTION: CONTINUED City ofMiami Page 36 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 FIRST READING ORDINANCE PZ.3 04-00082a ORDINANCE FIRST READING Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A Attorney 90-DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR NEW BUILDINGS IN EXCESS OF 40 FEET IN HEIGHT FOR THAT AREA LOCATED IN AND REGULATED UNDER THE SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT OF THE ZONING ORDINANCE AND ZONING ATLAS OF THE CITY OF MIAMI; PROVIDING FOR A TERM; PROVIDING FOR PENDING APPLICATIONS; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW; CONTAINING A REPEALER PROVISION, 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. This is related to File ID 04-00082. PURPOSE: This will establish a 90-day temporary moratorium on the acceptance of applications for new buildings over a certain height along the SD-9 Biscayne Boulevard North Overlay District. DATE: MARCH 11, 2004 ACTION: CONTINUED City ofMiami Page 37 Printed on 3/11/2008 City Commission Meeting Agenda April 8, 2004 The following item shall not be considered before 4:30 pm. PZ.4 04-00296a ORDINANCE FIRST READING Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A Attorney 90-DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR NEW BUILDINGS LOCATED ON THE SOUTHWEST 27TH AVENUE CORRIDOR FROM CORAL WAY TO US-1; PROVIDING FOR A TERM; PROVIDING FOR PENDING APPLICATIONS; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Establish a 90-Day Temporary Moratorium APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended for discussion. PLANNING ADVISORY BOARD: Pending recommendation on April 21, 2004. This item is related to File ID 04-00296. PURPOSE: This will establish a 90-day temporary moratorium on the acceptance of applications for new buildings located on the SW 27th Avenue corridor from Coral Way to US-1. City ofMiami Page 38 Printed on 3/11/2008