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HomeMy WebLinkAboutCC 2004-04-22 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, April 22, 2004 9:00 AM PLANNING & ZONING (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 22, 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 22, 2004 CONTENTS Items may be heard in the numbered sequence or as announced by the Commission PR - PRESENTATIONS AND PROCLAMATIONS Pages 3 - 5 MV - MAYORAL VETOES Page 5 AM - APPROVING MINUTES Pages 5 - 6 CA - CONSENT AGENDA Pages 6 - 17 M - MAYOR'S ITEMS Page 17 D1 - DISTRICT 1 ITEMS Page 17 D2 - DISTRICT 2 ITEMS Pages 17 - 20 D3 - DISTRICT 3 ITEMS Pages 20 - 23 D4 - DISTRICT 4 ITEMS Pages 23 - 30 D5 - DISTRICT 5 ITEMS Page 30 PH - PUBLIC HEARINGS Pages 30 - 48 TIME CERTAIN 3:00 P.M. - PH.4 - Authorizing Conveyance of Vacant City -Owned Real Property 3:00 P.M. - PH.5 - Deobligation of HOME Funds, $750,000 3:00 P.M. - PH.6 - Deobligation of HOME Funds, $3,600,000 3:00 P.M. - PH.7 - Authorizing Transfer of CDBG Funds, $200,000 3:00 P.M. - PH.8 - Authorizing Transfer of CDBG Funds, $500,000 SR - SECOND READING ORDINANCES Pages 49 - 51 FR - FIRST READING ORDINANCES Page 52 RE - RESOLUTIONS Pages 53 - 59 BC - BOARDS AND COMMITTEES Pages 60 - 66 DI - DISCUSSION ITEMS Pages 67 - 107 ES - EXECUTIVE SESSIONS Pages 108 - 109 TIME CERTAIN 2:45 P.M. - ES.1- Mark's Classic Corp. vs. City of Miami City ofMiami Page 3 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 3:00 P.M. - ES.2- National Advertizing Co. vs. City of Miami PART B PZ - PLANNING AND ZONING ITEMS Pages 110 - 227 The Planning and Zoning items shall not be considered before 3:00 pm. TIME CERTAIN 4:00 P.M. - PZ.21 - 90-Day Temp Moratorium - 40 Feet Height 4:30 P.M. - PZ.22 - 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 22, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS AND PROCLAMATIONS PR.1 04-00430 CEREMONIAL ITEM Name of Honoree Presenter Protocol Item Miami Senior High Katrina Garcia Mayor Diaz Commendation Joe Underwood Mayor Diaz Certificate of Merit Santiago Corrada Mayor Diaz Commendation University of Miami School of Medicine Dr. Margaret Fisch! Mayor Diaz Commendation Dr. Gwendolyn Scott Mayor Diaz Commendation Dr. Mary Jo O'Sullivan Mayor Diaz Commendation Rosa Green Chairman Teele Commendation Dr. Manuel Rico -Perez Commissioner Regalado 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 Special Meetings of April 18, 2002 Regular Meeting of March 11, 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 the Consent Agenda will now be taken. CA.1 04-00352 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF E.D.F.M. CORPORATION, FOR THE PROJECT ENTITLED "BAYFRONT PARK - BUILDING RENOVATIONS, B-3333," IN THE AMOUNT NOT TO EXCEED $307,580, ALLOCATING FUNDS FROM BAYFRONT PARK MANAGEMENT TRUST ACCOUNT NO. 6601, IN THE AMOUNT NOT TO EXCEED $307,580, City ofMiami Page 5 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 FOR CONTRACT COSTS, PLUS $20,160 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL CONSTRUCTION COSTS IN THE AMOUNT NOT TO EXCEED $327,740, AS SET FORTH ON THE BID DOCUMENTS AND PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. CA.2 04-00353 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE AND DELIVERY OF TWO ROLL -OFF TRUCKS (GALBREATH MODEL U5-OR-174, WITH HOIST AND TARPING SYSTEM), IN AN AMOUNT NOT TO EXCEED $206,660, FROM ATLANTIC FORD TRUCK SALES, INC. D/B/A ATLANTIC TRUCK CENTER, UTILIZING EXISTING COLLIER COUNTY BID NO. 03-3566, EFFECTIVE THROUGH NOVEMBER 18, 2004, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY COLLIER COUNTY, FOR THE DEPARTMENT OF SOLID WASTE; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO. 353014.329402.6.840, IN AN AMOUNT NOT TO EXCEED $92,700 AND CIP NO. 353010.329402.6.840, IN AN AMOUNT NOT TO EXCEED $113,960 FOR A TOTAL AMOUNT NOT TO EXCEED $206,660. CA.3 04-00354 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BIDS OF PRIMARY AND SECONDARY VENDORS, AS LISTED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR THE PROCUREMENT OF MEDICAL SUPPLIES FOR THE DEPARTMENT OF FIRE -RESCUE ("FIRE -RESCUE"), ON AN ITEM -BY -ITEM BASIS, FOR A TWO-YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $125,000, ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $125,000, FROM THE OPERATING BUDGET OF FIRE -RESCUE FOR FISCAL YEAR 2003-2004, AS MAY BE ADJUSTED FROM TIME TO TIME BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENT ORDINANCE OR AS OTHERWISE ADJUSTED AS PERMITTED BY LAW. CA.4 04-00355 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF THE TRUSECURE ENTERPRISE SERVICE TO ASSIST IN THE IDENTIFICATION AND MITIGATION OF RISKS TO THE CITY OF MIAMI'S CRITICAL INFORMATION TECHNOLOGY ASSETS, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, AWARDED UNDER STATE OF FLORIDA CONTRACT NO. 974-176-04-1, EFFECTIVE THROUGH JULY 14, 2004, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE City ofMiami Page 6 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 OF FLORIDA, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, FOR A ONE-YEAR PERIOD AT AN INITIAL COST NOT TO EXCEED $78,795, WITH THE OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS WITH ANNUAL PRICE INCREASES LIMITED TO NO MORE THAN FOUR PERCENT (4%) PER YEAR; ALLOCATING FUNDS FROM GENERAL FUND ACCOUNT CODE NO. 001000.460101.6. 670. CA.5 04-00356 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 03-1222, ADOPTED DECEMBER 18, 2003, AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO CARDIAC SCIENCE, INC., IN AN ESTIMATED AMOUNT NOT TO EXCEED $28,000, FROM $91,779.33 TO $119,779.33, FOR THE ACQUISITION OF ADDITIONAL POWERHEART G3 AUTOMATED EXTERNAL DEFIBRILLATORS ("AED") AND ACCESSORIES WITH A FIVE-YEAR WARRANTY, FOR THE DEPARTMENT OF FIRE -RESCUE, UTILIZING EXISTING STATE OF FLORIDA SNAPS III CONTRACT NO. 4651951-4, EFFECTIVE THROUGH MAY 17, 2004, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA; ALLOCATING FUNDS FROM THE STATE OF FLORIDA EMERGENCY MEDICAL SERVICES ("EMS") MATCHING GRANT M3004 AWARD (FISCAL YEAR 2003), PROJECT NO. 110118, ACCOUNT CODE NO. 280212.6.840. CA.6 04-00357 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO PRESTIGE ELEVATOR, INC., PURSUANT TO RESOLUTION NO. 03-633, ADOPTED JUNE 12, 2003, IN AN ESTIMATED ANNUAL CONTRACT AMOUNT NOT TO EXCEED $20,000, FROM $33,720 TO $53,720, TO PROVIDE CITYWIDE ELEVATOR MAINTENANCE SERVICES, ON AN AS -NEEDED CONTRACT BASIS UNDER THE EXISTING CONTRACT TERMS, CONDITIONS AND OPTIONS TO RENEW, SUBJECT TO INCREASES DUE TO THE ADDITION OF NEW FACILITIES; AMENDING RESOLUTION NO. 03-633 TO REFLECT SAID INCREASE; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGETS OF VARIOUS DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. CA.7 04-00358 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF BUILDING MATERIALS FROM VARIOUS VENDORS, IN AN AMOUNT NOT TO EXCEED $100,000, FOR THE DEPARTMENT OF PURCHASING, ON AN AS -NEEDED CONTRACT BASIS, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO. 7388-4/08, City ofMiami Page 7 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 EFFECTIVE THROUGH FEBRUARY 28, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $100,000, FROM THE CURRENT FISCAL YEAR (2003-2004) OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, 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.8 04-00359 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 03-417, ADOPTED MAY 8, 2003, AWARDED TO KIMLEY-HORN AND ASSOCIATES, INC., IDENTIFYING CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 341206 AS AN ADDITIONAL FUNDING SOURCE TO COVER SERVICES AND EXPENSES INCURRED BY THE CITY OF MIAMI. CA.9 04-00360 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF AUGUST CONSTRUCTION COMPANY, INC., FOR THE PROJECT ENTITLED "RIVERVIEW STORMWATER PUMP STATION UPGRADES (3RD BIDDING, ROOF), B-5650A," IN THE PROPOSED AMOUNT NOT TO EXCEED $105,326, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 352216, IN THE AMOUNT NOT TO EXCEED $105,326, FOR CONTRACT COSTS, PLUS $17,508 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN THE AMOUNT NOT TO EXCEED $122,834, 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.10 04-00361 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID OF PROFESSIONAL GENERAL CONTRACTORS, INC., FOR THE PROJECT ENTITLED "RIVERVIEW STORMWATER PUMP STATION UPGRADES (3RD BIDDING), B-5650A," IN THE PROPOSED AMOUNT NOT TO EXCEED $197,795, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 352216, IN THE AMOUNT NOT TO EXCEED $197,795, FOR CONTRACT COSTS, PLUS $54,386 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN THE AMOUNT NOT TO EXCEED $252,181, AS SET FORTH ON THE TABULATION OF BIDS DOCUMENT AND THE PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY City ofMiami Page 8 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. CA.11 04-00363 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID OF NCI CONSTRUCTION CORPORATION, FOR THE PROJECT ENTITLED "LAWRENCE STORMWATER PUMP STATION UPGRADES (3RD BIDDING), B-5650B", IN THE PROPOSED AMOUNT NOT TO EXCEED $202,047, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 352216, IN THE AMOUNT NOT TO EXCEED $202,047 FOR CONTRACT COSTS PLUS $52,746 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN THE AMOUNT NOT TO EXCEED $254,793, AS SET FORTH ON THE FORMAL BID 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.12 04-00364 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID OF NCI CONSTRUCTION CORPORATION, FOR THE PROJECT ENTITLED "ORANGE BOWL STORM WATER PUMP STATION UPGRADES (3RD BIDDING), B-5650C, " IN THE PROPOSED AMOUNT NOT TO EXCEED $278,127, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 352216, IN THE AMOUNT NOT TO EXCEED $278,127, FOR CONTRACT COSTS, PLUS $51,223 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN THE AMOUNT NOT TO EXCEED $329,350, 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.13 04-00365 Department of Parks and Recreation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A CASH DONATION OF $47,701.30, FROM DADE AMATEUR GOLF ASSOCIATION, TO BE USED AS A MATCH TO AN AMERICAN DISABILITIES ASSOCIATION ("ADA") GRANT FROM MIAMI-DADE COUNTY, TOWARDS THE PURCHASE OF AN ADA ACCESSIBLE WHEELCHAIR BUS AND THE IMPLEMENTATION OF A SUMMER CAMP FOR THE CITY OF MIAMI DEPARTMENT OF PARKS AND RECREATION PROGRAMS, FOR PERSONS WITH DISABILITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT THE DONATION FOR SAID PURPOSE. City ofMiami Page 9 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 CA.14 04-00366 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID OF T. J. PAVEMENT CORPORATION, FOR THE PROJECT ENTITLED "CITYWIDE STORM SEWER REPAIR PROJECT, B-50712," IN THE PROPOSED AMOUNT NOT TO EXCEED $850,650, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 352216, IN THE AMOUNT NOT TO EXCEED $850,650, FOR CONTRACT COSTS PLUS $104,770 ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN THE AMOUNT NOT TO EXCEED $955,420, AS SET FORTH ON THE FORMAL BID 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.15 04-00397 Department of Parks and Recreation CA.16 04-00383 Department of Parks and Recreation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "BAME/GIBSON PARK IMPROVEMENT FUND" AND APPROPRIATING A DONATION OF $100,000, FROM BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC., FOR IMPROVEMENTS COMPLETED TO THE GIBSON PARK FOOTBALL FIELD; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT SAID DONATION AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "MIAMI DADE COLLEGE GRANT FOR JOSE MARTI PARK RECREATION BUILDING" AND APPROPRIATING A GRANT AWARD IN THE AMOUNT NOT TO EXCEED $161,681, FROM MIAMI DADE COLLEGE FOR CONSTRUCTION OF THE NEW RECREATION BUILDING AT JOSE MARTI PARK AND/OR EQUIPMENT AND EDUCATIONAL SERVICES; 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. END OF CONSENT AGENDA City ofMiami Page 10 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ City ofMiami Page 11 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 DISTRICT 1 COMMISSIONER ANGEL GONZALEZ City ofMiami Page 12 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 04-00425 DISCUSSION ITEM District 2- MS. CAREY KANE, INTERIM EXECUTIVE DIRECTOR FOR TEACH FOR Commissioner Marc AMERICA TO ADDRESS THE COMMISSION CONCERNING THEIR DavidSarnoff MISSION OF MOBILIZING RECENT COLLEGE GRADUATES TO TAKE THEIR SKILLS TO THE CLASSROOMS OF UNDERPRIVILIGED SCHOOLS IN MIAMI. City ofMiami Page 13 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 04-00431 DISCUSSION ITEM District 3- Chair DISCUSSION CONCERNING A STATUS REPORT FROM THE Joe Sanchez ADMINISTRATION ON RESIDENT APPLICATIONS FOR ALLEY CLOSURES IN R-1 AND R-2 AREAS PLUS STATUS OF RESIDENT ALLEY CLOSURE PROCEDURES IN R-3 AREAS. D3.2 04-00341 DISCUSSION ITEM District 3- Chair DISCUSSION CONCERNING A STATUS REPORT ON THE Joe Sanchez ORDINANCE PROHIBITING BICYCLES AND SIMILAR DEVICES ON SIDEWALKS OF CALLE OCHO: SPECIFICALLY, WHY PROHIBITION SIGNS HAVE NOT BEEN PUT IN PLACE AND WHY ENFORCEMENT ACTION HASN'T BEEN TAKEN. City ofMiami Page 14 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 D4.1 04-00432 District 4- Commissioner Tomas Regalado DISTRICT 4 COMMISSIONER TOMAS REGALADO RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE PETITION DRIVE TO AMEND THE CONSTITUTION OF THE STATE OF FLORIDA TO IMMEDIATELY INCREASE THE AD VALOREM HOMESTEAD EXEMPTION TO $50,000; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. City ofMiami Page 15 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR City ofMiami Page 16 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PUBLIC HEARING PH.1 04-00370 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "TRAPP ESTATES," 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 THE PROVISIONS CONTAINED 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 04-00371 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "CORAL STATION AT BRICKELL WAY," 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 THE PROVISIONS CONTAINED 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.3 04-00391 RESOLUTION City Attorney 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 DETERMINATION THAT COMPETITIVE SEALED BIDDING PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES, AND APPROVING A CONTRACT WITH ALTMAN WEIL, INC., IN SUBSTANTIALLY THE ATTACHED FORM, AS A CONSULTANT FOR PERFORMANCE REVIEW OF THE OFFICE OF THE CITY ATTORNEY, IN AN AMOUNT NOT TO EXCEED $78,000, PLUS COSTS, AS SET FORTH IN THE CONTRACT; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City ofMiami Page 17 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 3:00 P.M. PH.4 04-00373 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community CONVEYANCE OF VACANT CITY -OWNED REAL PROPERTY LOCATED Development AT 1611 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, IN THE OVERTOWN NEIGHBORHOOD, TO NHDC BARCELONA, INC., A NOT -FOR -PROFIT CORPORATION, FOR THE DEVELOPMENT OF AFFORDABLE HOMEOWNERSHIP HOUSING, WITH PARCEL REVERTER PROVISIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. PH.5 04-00374 Department of Community Development PH.6 04-00375 Department of Community Development PH.7 04-00376 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DE -OBLIGATION OF HOME INVESTMENT PARTNERSHIP (HOME) FUNDS IN AN AMOUNT NOT TO EXCEED $750,000 FROM CORAL EAST DEVELOPMENT, CORP. AND AN AMOUNT NOT TO EXCEED $750,000 FROM RJM LEJUNE PROPERTIES INVESTMENTS, INC. FOR A TOTAL AMOUNT NOT TO EXCEED $1.5 MILLION AND REALLOCATING SAID FUNDS TO THE LITTLE HAVANA HOME OWNERSHIP TRUST. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DE -OBLIGATION OF HOME INVESTMENT PARTNERSHIP ("HOME") FUNDS, IN AN AMOUNT NOT TO EXCEED $3,600,000, FROM THE MODEL CITY HOME OWNERSHIP TRUST AND REALLOCATING SAID FUNDS TO THE DISTRICT 5 HOUSING INITIATIVES PROJECT FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE AMOUNT NOT TO EXCEED $200,000, FROM THE COMMUNITY REDEVELOPMENT AGENCY ("CRA") HOUSING PILOT PROGRAM AND REALLOCATING SAID FUNDS TO BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC. ("BAME"), TO CORRECT HOUSING QUALITY STANDARDS VIOLATIONS AT THE TOWN PARK APARTMENTS BUILDING, LOCATED IN THE OVERTOWN SECTION OF THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BAME, FOR SAID PURPOSES. City ofMiami Page 18 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PH.8 04-00377 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ENTITLEMENT FUNDS, IN AN AMOUNT NOT TO EXCEED $500,000, FROM THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND REALLOCATING SAID FUNDS TO THE DEPARTMENT OF CAPITAL IMPROVEMENT PROJECTS. City ofMiami Page 19 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 ORDINANCE - 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 04-00368a ORDINANCE SECOND READING 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. DATE: APRIL 8, 2004 MOVER: COMMISSIONER GONZALEZ SECONDER: VICE CHAIRMAN SANCHEZ VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND TEELE ACTION: PASSED ON FIRST READING City ofMiami Page 20 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 ORDINANCE - FIRST READING Note: Any proposed ordinance listed as an item for first reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. FR.1 04-00381 Department of General Services Administration ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12451, ADOPTED NOVEMBER 25, 2003, THE CAPITAL PROJECTS APPROPRIATIONS ORDINANCE, ACCEPTING A GRANT, IN THE AMOUNT OF $22,930, FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND APPROPRIATING SAID FUNDS IN CAPITAL IMPROVEMENTS PROJECT NO. 311703, ENTITLED: "PROPERTY MAINTENANCE BUILDING IMPROVEMENTS;" AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 21 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 RESOLUTIONS RE.1 04-00242 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, APPROVING THE ACQUISITION OF THE FOUR (4) PROPERTIES AT THE PRICE LISTED ON "ATTACHMENT 1," ATTACHED AND INCORPORATED, ON BEHALF OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST ("TRUST") WITH THE APPROPRIATE PROVISIONS; UTILIZING FUNDS DESIGNATED FOR THE TRUST IN THE FISCAL YEAR 2004 BUDGET. RE.2 04-00385 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE REVISED JOINT PARTICIPATION AGREEMENT ("JPA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY") FOR THE GRAND AVENUE STREETSCAPE AND ROAD IMPROVEMENT PROJECT ("PROJECT"), CAPITAL IMPROVEMENT PROJECT NO. 341208, WHICH PROVIDES FOR CONTRIBUTION OF COUNTY FUNDS IN THE TOTAL AMOUNT NOT TO EXCEED $2,850,000, FOR THE PROJECT AND FOR THE APPLICABILITY OF COUNTY REGULATIONS FOR ITS COMMUNITY WORKFORCE PROGRAM AND COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM. RE.3 04-00380 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PROGRAMMATIC AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA STATE HISTORIC PRESERVATION OFFICE, THE ADVISORY COUNCIL ON HISTORIC PRESERVATION AND ANY OTHER AGENCY, AS REQUIRED, TO EXPEDITE THE CITY OF MIAMI'S FULFILLMENT OF ITS HISTORIC PRESERVATION RESPONSIBILITIES AS A RECIPIENT AND ADMINISTRATOR OF FEDERAL FUNDS UNDER SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT. City ofMiami Page 22 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 RE.4 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. DATE: APRIL 8, 2004 ACTION: DEFERRED RE.5 04-00310 RESOLUTION Model City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community ALLOCATION OF ADDITIONAL FUNDS, IN AN AMOUNT NOT TO EXCEED Revitalization $1,800,000, FOR LAND ACQUISITION FOR THE MODEL CITY District Trust HOMEOWNERSHIP ZONE PILOT PROJECT FROM FUNDS PREVIOUSLY DESIGNATED FOR MODEL CITY INFRASTRUCTURE IMPROVEMENTS, IN FISCAL YEAR 2003 AND FISCAL YEAR 2004 ALLOCATIONS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROCEEDS, CONDITIONED UPON FAVORABLE DECISION OF THE BOND COUNCIL. City ofMiami Page 23 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 BOARDS AND COMMITTEES BC.1 03-0147 RESOLUTION Mayors A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING International CERTAIN INDIVIDUALS AS MEMBERS OF THE THE MAYOR'S Council INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ruben Valdez Commission At -Large (Commissioner Gonzalez) (No appointment made) Commission At -Large (Commissioner Winton) Eduardo Padron Commission At -Large (Vice Chairman Sanchez) Marianne Salazar Commission At -Large (Commissioner Regalado) (No appointment made) Commission At -Large (Chairman Teele) Vice Chair Winton Commission At -Large (Commissioner) Adrienne Arsht Commission At -Large Luis Vanegas Commission At -Large (No appointment made) Mayor Manuel Diaz (No appointment made) Mayor Manuel Diaz (No appointment made) Mayor Manuel Diaz (No appointment made) Mayor Manuel Diaz (No appointment made) Mayor Manuel Diaz (No appointment made) Mayor Manuel Diaz (No appointment made) Mayor Manuel Diaz DATE: OCTOBER 23, 2003 ACTION: DEFERRED DATE: MARCH 11, 2004 ACTION: DEFERRED City ofMiami Page 24 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 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 04-00386 DISCUSSION ITEM DISCUSSION CONCERNING A WORKSHOP MEETING WITH THE EXTERNAL AUDITORS TO REVIEW THE FINDINGS AND RECOMMENDATIONS OF THE AUDIT. DI.2 04-00387 DISCUSSION ITEM PRESENTATION BY THE CITY OF MIAMI HOMELESS ASSISTANCE PROGRAM CONCERNING ITS MISSION, SCOPE OF SERVICES, ROLE IN THE COMMUNITY AND PAST ACCOMPLISHMENTS. DI.3 04-00378 DISCUSSION ITEM Model City DISCUSSION CONCERNING ROYAL RENT A CAR. Community Revitalization District Trust DI.4 04-00282 Department of Parks and Recreation DISCUSSION ITEM DISCUSSION CONCERNING THE STATUS AND PROGRESS OF THE 11TH ANNUAL COMMEMORATIVE SERVICE AT THE HISTORIC CITY OF MIAMI CEMETERY. DI.5 04-00408 DISCUSSION ITEM DISCUSSION CONCERNING THE RESCHEDULING OF THE MAY MEETINGS TO BE HELD IN ONE DAY, PREFERABLY ON MAY 20TH. City ofMiami Page 25 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 EXECUTIVE SESSIONS 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 DATE: APRIL 8, 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 City ofMiami Page 26 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 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. DATE: MARCH 11, 2004 ACTION: DEFERRED DATE: APRIL 8, 2004 ACTION: DEFERRED City ofMiami Page 27 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PART B The following items shall not be considered before 3:00 pm. PZ.1 03-0415 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13, AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE KUBIK AT MORNINGSIDE PROJECT, TO BE LOCATED AT APPROXIMATELY 5600-5780 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO BE PROPOSED AS TWO 14-STORY BUILDINGS WITH TWO DESIGN OPTIONS WITH THE "ALTERNATIVE A" OPTION COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 41,745 SQUARE FEET OF RETAIL/RESTAURANT SPACE, AND APPROXIMATELY 422 TOTAL PARKING SPACES; OR THE "ALTERNATIVE B" OPTION WHICH IS COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 33,046 SQUARE FEET OF RETAIL/RESTAURANT SPACE, AND APPROXIMATELY 362 TOTAL PARKING SPACES.; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 5600-5780 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Kubik, LLC; Biscayne Premier Investments, Inc and Mark's Classics Corp. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 17, 2003 by a vote of 4-2. Recommended approval with conditions* of the substantial modification to City Commission on April 7, 2004 by a vote of 5-4. ZONING BOARD: Recommended approval of special exceptions to City Commission on December 15, 2004 by a vote of 9-0. *See supporting documentation. PURPOSE: This will allow the development of the Kubik on Morningside project. NOTE: On March 22, 2006, the Circuit Court remanded this item to the City Commission for further proceedings. Once again, on February 22, 2008, the Circuit Court remanded this item to the City Commission for further City ofMiami Page 28 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 proceedings. This will allow a mixed -use multifamily residential development. City ofMiami Page 29 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PZ.2 04-00320 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO RESOLUTION NO. 02-1249, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13, 17, AND 22 OF ZONING ORDINANCE NO. 11000, FOR THE METROPOLITAN MIAMI PROJECT, LOCATED AT APPROXIMATELY 300 & 200 SOUTHEAST 3RD STREET AND 200 SOUTHEAST 2ND STREET, MIAMI, FLORIDA; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: Major Use Special Permit for the Metropolitan Miami Project LOCATION: Approximately 300 & 200 SE 3rd Street and 200 SE 2nd Street APPLICANT(S): MDM Downtown, LTD; New Miami LP Holdco, LLC; MDM II, LLC; Luis Polenta, Ricardo Glas; P&G, LLC; JP Hotels, Inc; P&G Development, LTD; Lawrence J. DeGeorge; Alejandro Angulo and Miguel Incocente, Owners APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Pending recommendation on April 20, 2004. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on March 17, 2004 by a vote of 7-0. ZONING BOARD: Recommended approval with a condition* of the variance on February 23, 2004 by a vote of 9-0. *See supporting documentation. PURPOSE: This will allow the relocation of the residential building of the previously approved One Miami Major Use Special Permit Project. City ofMiami Page 30 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PZ.3 04-00319 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE DUPONT TOWERS PROJECT, TO BE LOCATED AT APPROXIMATELY 300 BISCAYNE BOULEVARD WAY, MIAMI, FLORIDA, TO BE COMPRISED OF TWO LUXURY TOWERS CONTAINING 1,228 MULTIFAMILY RESIDENTIAL UNITS AND 62 HOTEL UNITS BOTH WITH RECREATIONAL AMENITIES, 9,982 SQUARE FEET OF RETAIL SPACE, 20,010 SQUARE FEET OF RESTAURANT/CAFE SPACE, AND TWO 14-STORY PARKING GARAGES WITH APPROXIMATELY 1,481 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: Major Use Special Permit for the Dupont Towers Project LOCATION: Approximately 300 Biscayne Boulevard Way APPLICANT(S): DP Property Holdings, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. MIAMI RIVER COMMISSION: Unanimously recommended approval to City Commission on March 17, 2004. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with conditions* of a certificate of appropriateness to City Commission on December 16, 2003 by a vote of 6-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on March 17, 2004 by a vote of 7-0. ZONING BOARD: On March 8, 2004, made the following recommendations to the City Commission: 1) denial of the special exception to allow valet parking for hotel and restaurant up to 50% of existing offstreet parking spaces by a vote of 8-1; 2) approval with conditions* of the special exception to allow a bar/lounge open to the public by a vote of 9-0; and 3) approval with conditions* of the first special exception by a vote of 9-0; specifically, approval of the valet parking if applicant would condition accommodation of valet parking on the subject property. *See supporting documentation. City ofMiami Page 31 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PURPOSE: This will allow a mixed -use multifamily residential development. PZ.4 04-00290 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN ALLEY LOCATED ALONG THE SOUTH SIDE OF NORTHEAST 24TH STREET BETWEEN BISCAYNE BOULEVARD AND NORTHEAST 4TH AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." REQUEST: Official Vacation and Closure of an Alley LOCATION: An Alley Located Along the South Side of NE 24th Street Between Biscanye Boulevard and NE 4th Avenue APPLICANT(S): Ricardo, Olga and Tessie Arregui, Owners and Sanford Reinhard, Trustee APPLICANT(S) AGENT: Judith A. Burke, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on February 5, 2003 by a vote of 4-1. ZONING BOARD: Recommended approval to City Commission on March 8, 2004 by a vote of 9-0. PURPOSE: This will allow a unified commercial development site. City ofMiami Page 32 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PZ.5 04-00393 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN ALLEY AND EASEMENT LOCATED BETWEEN NORTHWEST 17TH STREET AND NORTHWEST 18TH STREET, WESTERLY OF NORTHWEST 14TH AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." REQUEST: Official Vacation and Closure of an Alley and Easement LOCATION: An Alley and Easement Located Between NW 17th Street and NW 18th Street, Westerly of NW 14th Avenue APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval with conditions* on March 4, 2004 by a vote of 5-0. ZONING BOARD: Recommended approval to City Commission on April 12, 2004 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow a unified development site. City ofMiami Page 33 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PZ.6 04-00388 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD, GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A FRONT YARD SETBACK OF 5'0" (20'0" REQUIRED) FOR THE PROPERTY LOCATED AT APPROXIMATELY 500, 510 AND 520 NORTHEAST 29TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." City ofMiami Page 34 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PZ.7 04-00183 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 5100 NORTHWEST 7TH STREET, MIAMI, FLORIDA, FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" 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 "High Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 5100 NW 7th Street APPLICANT(S): Cedars Oil Blue Lagoon, LLC APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 21, 2004 by a vote of 8-0. See companion File ID 04-00183a. PURPOSE: This will allow a unified commercial development site. DATE: MARCH 25, 2004 MOVER: COMMISSIONER GONZALEZ SECONDER: COMMISSIONER REGALADO VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, REGALADO AND TEELE ABSENT: 1 - COMMISSIONER SANCHEZ ACTION: PASSED ON FIRST READING City ofMiami Page 35 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PZ.8 04-00183a ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 31, 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-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 5100 NORTHWEST 7TH STREET, 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-4 Multifamily High -Density Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 5100 NW 7th Street APPLICANT(S): Cedars Oil Blue Lagoon, LLC APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on February 23, 2004 by a vote of 5-4. See companion File ID 04-00183. PURPOSE: This will allow a unified commercial development site. DATE: MARCH 25, 2004 MOVER: COMMISSIONER GONZALEZ SECONDER: COMMISSIONER REGALADO VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, REGALADO AND TEELE ABSENT: 1 - COMMISSIONER SANCHEZ ACTION: PASSED ON FIRST READING City ofMiami Page 36 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PZ.9 04-00184 ORDINANCE SECOND 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 550-570 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" 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 "Medium Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 550-570 SW 7th Street APPLICANT(S): Goche Corp APPLICANT(S) AGENT: Amparo Angel, Director 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. See companion File ID 04-00184a. PURPOSE: This will allow a unified commercial development site. 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 City ofMiami Page 37 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PZ.10 04-00184a ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 36, 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-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN SD-12 BUFFER OVERLAY DISTRICT TO C-1 RESTRICTED COMMERCIAL WITH AN SD-25 SOUTHWEST 8TH STREET SPECIAL OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 550-570 SOUTHWEST 7TH STREET, 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-3 Multifamily Medium -Density Residential with an SD-12 Buffer Overlay District to C-1 Restricted Commercial with an SD-25 Overlay to Change the Zoning Atlas LOCATION: Approximately 550-570 SW 7th Street APPLICANT(S): Goche Corp APPLICANT(S) AGENT: Amparo Angel, Director FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on February 23, 2004 by a vote of 5-4. See companion File ID 04-00184. PURPOSE: This will allow a unified commercial development site. DATE: MARCH 25, 2004 MOVER: COMMISSIONER GONZALEZ SECONDER: COMMISSIONER REGALADO VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, REGALADO AND TEELE ABSENT: 1 - COMMISSIONER SANCHEZ ACTION: PASSED ON FIRST READING City ofMiami Page 38 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PZ.11 04-00179 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 9, IN ORDER TO ALLOW ACCEPTANCE OF A COVENANT IN LIEU OF UNITY OF TITLE FOR RESIDENTIAL PROPERTIES, WHICH ARE ZONED R-3 (MULTI -FAMILY MEDIUM DENSITY RESIDENTIAL); 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 February 4, 2004 by a vote of 6-0. PURPOSE: This will allow the acceptance of covenants in lieu of unity of title for R-3 Multi -Family Medium Density Residential properties. 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 City ofMiami Page 39 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PZ.12 04-00197 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 4, 5, 6 AND 21, IN ORDER TO MODIFY LANGUAGE PERTAINING TO PLANNED UNIT DEVELOPMENT BONUSES AND TO MODIFY OTHER BONUS PROVISIONS, INCLUDING NEW REQUIREMENTS FOR CONSIDERATION OF CERTAIN BONUSES IN THE SD-5 AND SD-7 ZONING DISTRICTS, AND WITHIN THOSE PORTIONS OF THE R-3 AND R-4 ZONING DISTRICTS LOCATED ALONG BRICKELL AVENUE BETWEEN SOUTHEAST 15TH ROAD AND SOUTHEAST 26TH ROAD, AND BY FURTHER MODIFYING ARTICLE 21, SECTION 2105, IN ORDER TO PROVIDE A SPECIFIED TIME FRAME FOR AMENDMENTS TO ZONING ORDINANCE NO. 11000 AFFECTING MAJOR USE SPECIAL PERMITS; 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 February 18, 2004 by a vote of 7-0. PURPOSE: This will modify bonuses in the Brickell area. 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 City ofMiami Page 40 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PZ.13 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 DATE: FEBRUARY 12, 2004 MOVER: COMMISSIONER WINTON SECONDER: VICE CHAIRMAN SANCHEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND TEELE ABSENT: 1 - COMMISSIONER REGALADO ACTION: DENIED DATE: FEBRUARY 26, 2004 ACTION: RECONSIDERED DATE: MARCH 25, 2004 ACTION: CONTINUED City ofMiami Page 41 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PZ.14 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 DATE: FEBRUARY 12, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER GONZALEZ VOTE: UNANIMOUS ACTION: DENIED DATE: FEBRUARY 26, 2004 ACTION: RECONSIDERED DATE: MARCH 25, 2004 ACTION: CONTINUED City ofMiami Page 42 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PZ.15 04-00182 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 PROPERTY LOCATED AT APPROXIMATELY 719 NORTHWEST 13TH AVENUE, MIAMI, FLORIDA, FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" 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 "High Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 719 NW 13th Avenue APPLICANT(S): Alonso & Alonso Enterprises, Inc APPLICANT(S) AGENT: Chad Williard, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 21, 2004 by a vote of 8-0. See companion File ID 04-00182a. PURPOSE: This will allow a commercial development site. DATE: MARCH 25, 2004 ACTION: CONTINUED City ofMiami Page 43 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PZ.16 04-00182a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 24, 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-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 719 NORTHWEST 13TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED, IN ATTACHED "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. DATE: MARCH 25, 2004 ACTION: CONTINUED City ofMiami Page 44 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PZ.17 04-00211a 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 1818 AND 1884 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, FROM "INDUSTRIAL" AND "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL"; 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 "Industrial" and "General Commercial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1818 and 1884 NW N River Drive APPLICANT(S): Balbino Investments, Inc, Contract Purchaser & River Marina, Inc, Owner APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Recommended denial to the City Commission on March 1, 2004 by a vote of 6-4. PLANNING ADVISORY BOARD: Recommended approval of a motion, which failed (due to failure to obtain the required five favorable votes), constituting a denial to City Commission on April 7, 2004 by a vote of 4-3. See companion File IDs 04-00211 and 04-00211 b. PURPOSE: This will allow a unified commercial development site for the proposed Hurricane Cove Major Use Special Permit Project. City ofMiami Page 45 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PZ.18 04-00211 b ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 25, 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 SD-4 WATERFRONT INDUSTRIAL DISTRICT AND C-2 LIBERAL COMMERCIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1818 AND 1884 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from SD-4 Waterfront Industrial District and C-2 Liberal Commercial to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 1818 and 1884 NW N River Drive APPLICANT(S): Balbino Investments, Inc, Contract Purchaser & River Marina, Inc, Owner APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Recommended denial to the City Commission on March 1, 2004 by a vote of 6-4. ZONING BOARD: Recommended approval to City Commission on March 22, 2004 by a vote of 7-2. See companion File IDs 04-00211 and 04-00211a. PURPOSE: This will allow a unified commercial development site for the proposed Hurricane Cove Major Use Special Permit Project. City ofMiami Page 46 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PZ.19 04-00181 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 5808 NORTHEAST 4TH COURT AND 454 NORTHEAST 58TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" 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 "Medium Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 5808 NE 4th Court and 454 NE 58th Street APPLICANT(S): Sabrina D'Eca and Al D'Eca & Assoc and Mark's Classic Corp APPLICANT(S) AGENT: Augusto E. Maxwell, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 21, 2004 by a vote of 7-1. See companion File ID 04-00181a. PURPOSE: This will allow a commercial development site. City ofMiami Page 47 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 PZ.20 04-00181a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 14 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-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL WITH AN SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5808 NORTHEAST 4TH COURT AND 454 NORTHEAST 58TH STREET, 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-3 Multifamily Medium Density Residential to C-1 Restricted Commercial with an SD-9 Biscayne Boulevard North Overlay District to Change the Zoning Atlas LOCATION: Approximately 5808 NE 4th Court and 454 NE 58th Street APPLICANT(S): Sabrina D'Eca and Al D'Eca & Assoc and Mark's Classic Corp APPLICANT(S) AGENT: Augusto E. Maxwell, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on March 22, 2004 by a vote of 9-0. See companion File ID 04-00181. PURPOSE: This will allow a commercial development site. City ofMiami Page 48 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 The following item shall not be considered before 4:00 pm. PZ.21 04-00082a 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 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 DATE: APRIL 8, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER REGALADO VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND TEELE ACTION: PASSED ON FIRST READING City ofMiami Page 49 Printed on 3/11/2008 City Commission Meeting Agenda April 22, 2004 The following item shall not be considered before 4:30 pm. PZ.22 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. DATE: APRIL 8, 2004 ACTION: CONTINUED DATE: APRIL 8, 2004 ACTION: REMANDED TO PLANNING ADVISORY BOARD City ofMiami Page 50 Printed on 3/11/2008