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HomeMy WebLinkAboutCC 2004-05-06 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, May 6, 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 May 6, 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 May 6, 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 Pages 3-4 AM - APPROVING MINUTES Page 4 CA - CONSENT AGENDA Pages 5-11 PA - PERSONAL APPEARANCES Pages 12-21 TIME CERTAIN 10:00 A.M. - PA.1- Personal Appearance by Mr. Philip Bacon and Mr. William Mauzy 10:05 A.M. - PA.2- Personal Appearance by Mr. William Talbert and Mr. William Peebles M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS Pages 22-28 TIME CERTAIN 3:00 P.M. - PH.4 - Transfer of CDBG funds from World of Life to Alternative Programs 3:00 P.M. - PH.5 - Transfer of HOPWA funds to Community Management Inc. and Empower U Inc. SR - SECOND READING ORDINANCES Page 29 RE - RESOLUTIONS Pages 30-31 BC - BOARDS AND COMMITTEES Pages 32-51 DI - DISCUSSION ITEMS Pages 52-57 PART B PZ - PLANNING AND ZONING ITEMS Pages 58-131 The Planning and Zoning items shall not be considered before 3:00 pm. City ofMiami Page 3 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 TIME CERTAIN 4:30 P.M. - PZ.6 - 90-Day Temp Moratorium - SW 27 Av from Coral Wy to US-1 6:00 P.M. - PZ.7 - Major Use Special Permit - Kubik at Morningside Project City ofMiami Page 4 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS AND PROCLAMATIONS PR.1 04-00464 PRESENTATION Name of Honoree National Tourism Week 2004 South Florida Youth Foundation Volunteers Heddy Collazo Neil Dubrow Jonathan Fryd Miranda Kaltman John Kanter Scott Robins Philip Youtie Commander Brenda Williams Presenter Protocol Item Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Proclamation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation 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 MEETING: Planning and Zoning Meeting of March 25, 2004 ORDER OF 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.15 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.15 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 04-00327 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 $100,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, FOR REPRESENTATION OF THE CITY OF MIAMI IN CASES RELATED TO THE DEFENSE OF THE CITY OF MIAMI PARKING SURCHARGE ORDINANCE, INCLUDING BUT NOT LIMITED TO: AMPCO SYSTEM PARKING, INC., ET AL. VS CITY OF MIAMI, CASE NO. 01-27582 CA (15), PARK A. PARTNERS, LTD., ET AL. VS CITY OF MIAMI, CASE City ofMiami Page 5 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 NO. 01-20074 CA (06), AND PATRICK MCGRATH, III VS THE CITY OF MIAMI, CASE NO. 99-23765 CA (10), ALL IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. CA.2 04-00409 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LICENSING, MAINTENANCE AND PRODUCT SUPPORT AGREEMENT WITH B & L ASSOCIATES, INC., AWARDED PURSUANT TO RESOLUTION NO. 03-422, ADOPTED MAY 8, 2003, FOR MAINTENANCE OF ITS PROPRIETARY SOFTWARE, FOR A THREE-YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED $163,360, WITH AN ANNUAL MAINTENANCE AND PRODUCT SUPPORT AMOUNT NOT TO EXCEED $57,855, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO EXTEND THE PRODUCT SUPPORT FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS WITH ANNUAL MAINTENANCE INCREASES LIMITED TO NO MORE THAN FOUR PERCENT (4%) PER YEAR, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY; ALLOCATING FUNDS FROM GENERAL ACCOUNT CODE NO. 001000.460101.6.670, CAPITAL PROJECTS ACCOUNTS OR INFORMATION TECHNOLOGY STRATEGIC FUNDS. City ofMiami Page 6 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 CA.3 04-00410 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE Public Works BID OF ADVENTURE ENVIRONMENTAL, INC., FOR THE PROJECT ENTITLED "CITYWIDE CANAL CLEANING AND MAINTENANCE PROJECT, B-5710," FOR THE DEPARTMENT OF MUNICIPAL SERVICES, DIVISION OF PUBLIC WORKS, FOR A CONTRACT PERIOD OF TWO YEARS, IN AN AMOUNT NOT TO EXCEED $221,200 ($95,600 ANNUAL CONTRACT AMOUNT PLUS $15,000 FOR ANNUAL INSPECTION AND INCIDENTAL EXPENSES), WITH AN OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, FOR A TOTAL CONTRACT AWARD AMOUNT NOT TO EXCEED $442,400; ALLOCATING FUNDS FROM PUBLIC WORKS GENERAL OPERATING BUDGET, ACCOUNT NOS. 001000.311003.6.340, IN AN AMOUNT NOT TO EXCEED $191,200 AND 001000.311003.6.270, IN AN AMOUNT NOT TO EXCEED $30,000. CA.4 04-00411 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACQUISITION OF CITY VIEW SOFTWARE FROM MUNICIPAL SOFTWARE CORPORATION, TO INCLUDE ALL SOFTWARE, IMPLEMENTATION SERVICES, TRAINING MAINTENANCE, TECHNICAL SUPPORT, AND OTHER RELATED SERVICES, TO PROVIDE A ZONING COMPLIANCE, CODE ENFORCEMENT, AND PERMITTING AND INSPECTIONS COMPUTER SYSTEM, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY ("IT"), UNDER THE EXISTING CITY OF SAN MATEO, CALIFORNIA CONTRACT, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE CITY OF SAN MATEO, FOR AN INITIAL FIRST YEAR PROPOSED AMOUNT NOT TO EXCEED $380,000, WITH THE OPTION TO PURCHASE ADDITIONAL LICENSES, SOFTWARE, MAINTENANCE, AND SERVICES OVER A FIVE-YEAR PERIOD FOR AN ADDITIONAL AMOUNT NOT TO EXCEED $677,322, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,057, 322; ALLOCATING FUNDS FOR THE FIRST YEAR OF THE CONTRACT FROM IT CAPITAL IMPROVEMENTS PROJECT ("CIP") ACCOUNT CODE NO. 311617, IN THE AMOUNT NOT TO EXCEED $150,000, CIP ACCOUNT CODE NO. 311620, IN THE AMOUNT NOT TO EXCEED $150,000, FROM IT'S STRATEGIC FUNDS AND THE IT'S OPERATING BUDGET, IN THE COMBINED AMOUNT NOT TO EXCEED $80,000, WITH FUTURE YEAR FUNDING ALLOCATED FROM VARIOUS CIP ACCOUNTS, THE OPERATING BUDGETS OF VARIOUS DEPARTMENTS, ITD'S OPERATING BUDGET, AND IT STRATEGIC FUNDING. CA.5 04-00412 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING BIDS FROM VARIOUS VENDORS, AS LISTED ON "ATTACHMENT A," ATTACHED AND INCORPORATED, FOR THE PURCHASE OF PAPER PRODUCTS AND PLASTICS, IN AN City ofMiami Page 7 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 CA.6 04-00413 Department of Fire Rescue AMOUNT NOT TO EXCEED $30,000, FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $30,000, FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNTS, SPECIAL REVENUE FUNDS, AND/OR CURRENT FISCAL YEAR (2003-2004) OPERATING BUDGETS OF VARIOUS 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "MIAMI-DADE COUNTY EMS GRANT #C3013 AWARD (FISCAL YEAR 2003-04)," IN THE AMOUNT NOT TO EXCEED $108.476, CONSISTING OF A GRANT APPORTIONED BY MIAMI-DADE COUNTY ("COUNTY") FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES ("EMS"), "FLORIDA EMS GRANT PROGRAM FOR COUNTIES;" 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. CA.7 04-00414 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF B K MARINE CONSTRUCTION, INC., FOR THE PROJECT ENTITLED "DINNER KEY MARINA MOORING PILE REPLACEMENT PROJECT -PHASE II, B-60474," IN THE PROPOSED AMOUNT NOT TO EXCEED $124,900, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 326011, IN THE AMOUNT NOT TO EXCEED $124,900, FOR CONTRACT COSTS, PLUS $6,245 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN THE AMOUNT NOT TO EXCEED $131,145, 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.8 04-00417 Department of Parks and Recreation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE REIMBURSEMENT OF CAPITAL EXPENDITURES IN THE AMOUNT NOT TO EXCEED $28,550, TO THE OVERTOWN YOUTH CENTER, INC. ("OYC"), A NON-PROFIT CORPORATION, FOR THE PURCHASE City ofMiami Page 8 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 AND INSTALLATION OF HURRICANE SHUTTERS ON THE CITY OF MIAMI'S ("CITY") FACILITIES OPERATED AND MAINTAINED BY OYC, WITHIN GIBSON PARK, LOCATED AT 450 NORTHWEST 14TH STREET, MIAMI, FLORIDA; ALLOCATING FUNDS FROM THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND FUNDS CAPITAL IMPROVEMENT PROJECT NO. 331419, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCE, AS AMENDED. CA.9 04-00418 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Public Works NORTHWEST 17TH AVENUE FROM NORTHWEST 14TH STREET TO NORTHWEST 17TH STREET, MIAMI, FLORIDA, AS "DON JOSE GONZALEZ CURBELO WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF MUNICIPAL SERVICES TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. CA.10 04-00419 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Public Works NORTHEAST 4TH COURT FROM NORTHEAST 73RD STREET TO NORTHEAST 79TH STREET, MIAMI, FLORIDA, AS "EGON STEPHAN, SR. COURT;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF MUNICIPAL SERVICES TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. CA.11 04-00420 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Public Works SOUTHWEST 26TH AVENUE FROM SOUTHWEST 28TH STREET TO SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA, AS "SCORNAVACCA AVENUE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF MUNICIPAL SERVICES TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. CA.12 04-00421 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Public Works SOUTHWEST 16TH STREET FROM SOUTHWEST 13TH AVENUE TO SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA, AS "CALLE DR. CRISTOBAL GONZALEZ 'MA YITO'MAYO;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF MUNICIPAL SERVICES TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. CA.13 04-00422 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Public Works SOUTHWEST 14TH AVENUE FROM SOUTHWEST 7TH STREET TO SOUTHWEST 8TH STREET, MIAMI, FLORIDA, AS "AVENIDA LIBERTAD LAMARQUE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF MUNICIPAL SERVICES TO City ofMiami Page 9 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. City ofMiami Page 10 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 CA.14 04-00437 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CACS, INC., RELATING TO THE PRESENTATION OF A WORLD CUP QUALIFIER SOCCER MATCH, BETWEEN THE NATIONAL TEAMS OF JAMAICA AND HAITI, TO BE HELD AT THE ORANGE BOWL STADIUM ON JUNE 12, 2004; AUTHORIZING A CAP ON THE USER FEE IN AN AMOUNT NOT TO EXCEED $5,000 FOR THE EVENT; CONDITIONING SAID AUTHORIZATION UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW, (2) PAYING FOR ALL NECESSARY COSTS OF CITY OF MIAMI ("CITY") SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT, (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE, AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. CA.15 04-00439 DISCUSSION ITEM ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. END OF CONSENT AGENDA City ofMiami Page 11 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 PERSONAL APPEARANCES Note: Legislation may result from City Commission consideration of any personal appearance. 10:00 A.M. PA.1 04-00256 DISCUSSION ITEM MR. PHILIP BACON, EXECUTIVE DIRECTOR OF COLLINS CENTER FOR PUBLIC POLICY AND MR. WILLIAM MAUZY, PRESIDENT/CEO OF BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC. TO ADDRESS THE COMMISSION CONCERNING OVERTOWN DEVELOPMENT/CIVIC PARTNERSHIP. DATE: MARCH 25, 2004 ACTION: DEFERRED 10:05 A.M. PA.2 04-00423 DISCUSSION ITEM MR. WILLIAM TALBERT, PRESIDENT/CEO OF THE GREATER MIAMI CONVENTION AND VISITORS BUREAU AND MR. R. DONAHUE PEEBLES, CHAIRPERSON OF THE BUREAU TO ADDRESS THE COMMISSION CONCERNING AN UPDATE ON THE STATE OF OUR LOCAL TOURISM. City ofMiami Page 12 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ City ofMiami Page 13 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 DISTRICT 2 COMMISSIONER JOHNNY L. WINTON City ofMiami Page 14 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ City ofMiami Page 15 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 DISTRICT 4 COMMISSIONER TOMAS REGALADO City ofMiami Page 16 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR City ofMiami Page 17 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 PUBLIC HEARING PH.1 04-00424 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DECLARE AS SURPLUS CERTAIN CITY -OWNED PROPERTIES SURPLUS, LOCATED AT 3840 WASHINGTON AVENUE AND 3850 WASHINGTON AVENUE, MIAMI, FLORIDA ("PROPERTIES"); AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH ARDENT HOUSING FOUNDATION, A FLORIDA NOT -FOR -PROFIT CORPORATION ("PURCHASER"), FOR THE SALE OF SAID CITY -OWNED PROPERTIES; ESTABLISHING TEN DOLLARS ($10) AS THE AMOUNT TO BE PAID TO THE CITY OF MIAMI BY THE PURCHASER FOR THE PROPERTIES, AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. PH.4 04-00428 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DECLARE CERTAIN CITY -OWNED PROPERTIES LOCATED AT 3255 NORTHWEST 11TH COURT, 3245 NORTHWEST 11TH COURT, AND 1264 NORTHWEST 31ST STREET, MIAMI, FLORIDA ("PROPERTIES") SURPLUS, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; DESIGNATING ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("PURCHASER"), TO UNDERTAKE THE DEVELOPMENT OF THREE (3) TWIN HOMES, AFFORDABLE TO VERY LOW, LOW AND/OR MODERATE -INCOME FAMILIES AND/OR INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO CONSUMMATE THE TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, AND THE TERMS STATED HEREIN, WHICH TERMS MAY BE SOLELY AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY TO EFFECT SUCH TRANSACTION IN AN EXPEDITIOUS MANNER. PH.3 04-00440 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR A 15 FOOT WIDE PERPETUAL NON-EXCLUSIVE STRIP EASEMENT, FOR USE OF CITY -OWNED PROPERTY LOCATED ADJACENT TO BISCAYNE BOULEVARD, BETWEEN NORTHEAST 8TH STREET AND NORTHEAST 9TH STREET, MIAMI, FLORIDA, AS MORE City ofMiami Page 18 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 3:00 P.M. PH.4 04-00426 Department of Community Development PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR THE SOLE PURPOSE OF ALLOWING FDOT TO CONSTRUCT AND MAINTAIN A DRAINAGE SYSTEM, WITH THE TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID EASEMENT. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 26TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS IN THE ECONOMIC DEVELOPMENT AND CAPITAL PROJECTS CATEGORY FOR DISTRICT 5, IN THE TOTAL AMOUNT NOT TO EXCEED $172,875, FROM WORD OF LIFE COMMUNITY DEVELOPMENT CORPORATION AND TRANSFERRING SAID FUNDS IN THE AMOUNT NOT TO EXCEED $150,000, TO THE ALTERNATIVE PROGRAMS, INC. FOR ACQUISITION AND/OR DEVELOPMENT OF A NEAR -BY PROPERTY TO BE DEVELOPED AS A PUBLIC PARKING LOT, AND AN AMOUNT NOT TO EXCEED $22,875, TO THE DISTRICT 5 RESERVE ACCOUNT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE ALTERNATIVE PROGRAMS, INC., FOR SAID PURPOSE. City ofMiami Page 19 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 PH.5 04-00458 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF CLOSED OUT Development 28TH YEAR HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") FUNDS, FROM THE CATEGORY OF SHORT TERM RENTAL, MORTGAGE AND UTILITY ASSISTANCE, IN THE AMOUNT NOT TO EXCEED $250,000, TO THE 29TH YEAR HOPWA FUNDS, IN THE CATEGORY OF LONG TERM RENTAL ASSISTANCE TO THE COMMUNITY CASE MANAGEMENT, INC., IN THE AMOUNT NOT TO EXCEED $15,938, FOR A TOTAL AUTHORIZATION OF $111,563, AND FUNDS TO EMPOWER U, INC., IN THE AMOUNT NOT TO EXCEED $37,188, FOR A TOTAL AUTHORIZATION NOT TO EXCEED $164,688; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $21,250 TO EACH OF THE FOLLOWING AGENCIES: MIAMI BEACH COMMUNITY DEVELOPMENT CORP., NEW HORIZONS COMMUNITY MENTAL HEALTH CENTER, INC., AND CENTER FOR INDEPENDENT LIVING OF SOUTH FLORIDA, INC., WITH THE REMAINING BALANCE OF FUNDS, IN AN AMOUNT NOT TO EXCEED $133,124, TO THE 29TH YEAR HOPWA FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO EXISTING AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH COMMUNITY CASE MANAGEMENT, INC. AND EMPOWER U, INC.; AND AUTHORIZING THE CITY MANAGER TO EXECUTE NEW AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FOLLOWING AGENCIES: MIAMI BEACH COMMUNITY DEVELOPMENT CORP., NEW HORIZONS COMMUNITY MENTAL HEALTH CENTER, INC., AND CENTER FOR INDEPENDENT LIVING OF SOUTH FLORIDA, INC. City ofMiami Page 20 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 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 04-00381 Department of General Services Administration ORDINANCE SECOND 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. DATE: APRIL 22, 2004 MOVER: COMMISSIONER GONZALEZ SECONDER: VICE CHAIRMAN SANCHEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND TEELE ABSENT: 1 - COMMISSIONER REGALADO ACTION: PASSED ON FIRST READING City ofMiami Page 21 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 RESOLUTIONS RE.1 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. DATE: APRIL 8, 2004 ACTION: DEFERRED RE.2 04-00465 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A PARTIAL MODIFICATION OF RESTRICTIONS AND REVERTER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ("TIITF"), TO ALLOW THE CITY TO LEASE APPROXIMATELY 10.79 ACRES OF UPLAND AND APPROXIMATELY 13.35 ACRES OF SUBMERGED LAND TO FLAGSTONE ISLAND GARDENS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, F/K/A AND SUCCESSOR BY MERGER TO FLAGSTONE PROPERTIES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE DEVELOPMENT AND OPERATION OF A MEGA -YACHT MARINA AND MIXED USE WATERFRONT PROJECT; FURTHER PROVIDING THE CITY TO COMMENCE PAYING TIITF A FEE OF FIFTEEN PERCENT (15%) OF THE TOTAL RENT RECEIVED BY THE CITY UNDER THE LEASE ON THE DATE OR COMPLETION, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE WAIVER OF RESTRICTIONS AND REVERTER. City ofMiami Page 22 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 BC.1 04-00086 Office of the City Clerk BC.2 04-00302 Office of the City Clerk BC.3 04-00303 Office of the City Clerk BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Angel Gonzalez DATE: MARCH 11, 2004 ACTION: DEFERRED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Armando Silva Trujillo Commissioner Angel Gonzalez Carolyn Cope Commissioner Johnny Winton Yves Fortune Commissioner Tomas Regalado (Appointment deferred) Vice Chairman Joe Sanchez Maud Newbold Chairman Arthur Teele RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ignacio J. Abella Commissioner Angel Gonzalez Evelyn D'An Commissioner Johnny Winton Richard Berkowitz Commissioner Tomas Regalado Monica Fernandez Vice Chairman Joe Sanchez City ofMiami Page 23 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 BC.4 04-00304 Office of the City Clerk BC.5 04-00305 Office of the City Clerk Kalunda Malcolm Chairman Arthur Teele RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Tony Muniz Stuart Sorg Robert Krulik Neal McAliley Jack King Antonio Llano Montes Wendy Kamilar M. Lee Smith Phillip B. Everingham Ernest Martin Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Johnny Winton Commissioner Johnny Winton Commissioner Tomas Regalado Commissioner Tomas Regalado Vice Chairman Joe Sanchez Vice Chairman Joe Sanchez Chairman Arthur Teele Chairman Arthur Teele RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Jorge Luis Lopez Lazaro Lopez Ron Stone NOMINATED BY: Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Johnny Winton (Deferred appointment) Vice Chairman Joe Sanchez (Deferred appointment) Chairman Arthur Teele City ofMiami Page 24 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 BC.6 04-00306 Office of the City Clerk (Deferred appointment) Chairman Arthur Teele RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Lazaro Lopez Commissioner Angel Gonzalez Shane Graber Commissioner Johnny Winton Monique Taylor Commissioner Tomas Regalado (Appointment deferred) Vice Chairman Joe Sanchez James Moss Chairman Arthur Teele BC.7 04-00307 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. BC.8 04-00309 Office of the City Clerk APPOINTEES: NOMINATED BY: Luis Cabrera Commissioner Tomas Regalado Jason Manowitz Commissioner Tomas Regalado Albena Sumner Chairman Arthur Teele Ronda Vangates Chairman Arthur Teele Kay Apfel Commissioner Johnny Winton RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City ofMiami Page 25 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 BC.9 04-00449 Office of the City Clerk Ralph Duharte Commissioner Angel Gonzalez Steve Alexander Commissioner Johnny Winton (No appointment made) Vice Chairman Joe Sanchez Frank Herrera Commissioner Tomas Regalado (No appointment made) Chairman Arthur Teele Ruth Greenfield Commission At -Large Lawrence "Monk" Terry Commission At -Large Elena Carpenter Commission At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL (CIP) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Dr. Tangier Scott Civilian Investigative Panel City ofMiami Page 26 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 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 04-00429 DISCUSSION ITEM A DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. DI.2 04-00386 DISCUSSION ITEM DISCUSSION CONCERNING A WORKSHOP MEETING WITH THE EXTERNAL AUDITORS TO REVIEW THE FINDINGS AND RECOMMENDATIONS OF THE AUDIT. DATE: APRIL 22, 2004 ACTION: DEFERRED City ofMiami Page 27 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 PART B The following items shall not be considered before 3:00 pm. PZ.1 03-0397 ORDINANCE SECOND READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH -- City Commission ATTACHMENT, 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 0.78 ACRE PARCEL NAMED "PROPOSED TRACT B" LOCATED WITHIN THE AREA APPROXIMATELY TO THE NORTHWEST OF WATSON ISLAND, MIAMI, FLORIDA, FROM "RECREATION" 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 "Recreation" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Watson Island Tract B APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 3, 2003 by a vote of 5-3. See companion File ID 03-0397a, 03-0397b and 03-0397c. PURPOSE: This will allow a unified commercial development site. DATE: JANUARY 22, 2004 MOVER: VICE CHAIRMAN SANCHEZ SECONDER: COMMISSIONER GONZALEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, REGALADO, SANCHEZ AND TEELE ABSENT: 1 - COMMISSIONER WINTON ACTION: PASSED ON FIRST READING City ofMiami Page 28 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 PZ.2 03-0397a ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NO. 22 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF THE 0.78 ACRE PARCEL NAMED "PROPOSED TRACT B" LOCATED WITHIN THE AREA APPROXIMATELY TO THE NORTHWEST OF WATSON ISLAND, MIAMI, FLORIDA, FROM PR PARKS AND RECREATION TO C-1 RESTRICTED COMMERCIAL, MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from PR Parks and Recreation to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Watson Island Tract B APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 3, 2003 by a vote of 5-3. See companion File ID 03-0397, 03-0397b and 03-0397c. PURPOSE: This will allow a unified commercial development site. DATE: JANUARY 22, 2004 MOVER: COMMISSIONER GONZALEZ SECONDER: VICE CHAIRMAN SANCHEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, REGALADO, SANCHEZ AND TEELE ABSENT: 1 - COMMISSIONER WINTON ACTION: PASSED ON FIRST READING City ofMiami Page 29 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 PZ.3 03-0397b ORDINANCE SECOND READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH -- City Commission ATTACHMENT, 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 0.79 ACRE PARCEL NAMED "PROPOSED TRACT C" LOCATED WITHIN THE AREA APPROXIMATELY AT THE NORTHWEST OF WATSON ISLAND, MIAMI, FLORIDA; FROM "RESTRICTED COMMERCIAL" TO "RECREATION"; 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 "Restricted Commercial" to "Recreation" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Watson Island Tract C APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 3, 2003 by a vote of 7-1. See companion File ID 03-0397, 03-0397a and 03-0397c. PURPOSE: This will allow a unified recreational site. DATE: JANUARY 22, 2004 MOVER: COMMISSIONER GONZALEZ SECONDER: COMMISSIONER REGALADO VOTE: AYES: 4 - COMMISSIONER GONZALEZ, REGALADO, SANCHEZ AND TEELE ABSENT: 1 - COMMISSIONER WINTON ACTION: PASSED ON FIRST READING City ofMiami Page 30 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 PZ.4 03-0397c ORDINANCE SECOND READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH -- City Commission ATTACHMENT, AMENDING PAGE NO. 22 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF THE 0.79 ACRE PARCEL NAMED "PROPOSED TRACT C" LOCATED WITHIN THE AREA APPROXIMATELY AT THE NORTHWEST OF THE WATSON ISLAND, MIAMI, FLORIDA, FROM "C-1" RESTRICTED COMMERCIAL TO "PR" PARKS AND RECREATION; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from C-1 Restricted Commercial to PR Parks and Recreation to Change the Zoning Atlas LOCATION: Watson Island Tract C APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 3, 2003 by a vote of 7-1. See companion File ID 03-0397, 03-0397a and 03-0397b. PURPOSE: This will allow a unified recreational site. DATE: JANUARY 22, 2004 MOVER: COMMISSIONER GONZALEZ SECONDER: VICE CHAIRMAN SANCHEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, REGALADO, SANCHEZ AND TEELE ABSENT: 1 - COMMISSIONER WINTON ACTION: PASSED ON FIRST READING City ofMiami Page 31 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 PZ.5 03-0418 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE AND THE INTERGOVERNMENTAL COORDINATION ELEMENT TO INCORPORATE REVISIONS IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE "1995 EVALUATION AND APPRAISAL REPORT ON THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN" AND TO MEET THE REQUIREMENTS OF RULE 9J-5, FLORIDA ADMINISTRATIVE CODE; FURTHER AMENDING THE GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE ELEMENT BY DELETING AN OBJECTIVE AND POLICIES RELATED TO INTERGOVERNMENTAL COORDINATION AND TRANSFERRING THEM INTO THE INTERGOVERNMENTAL COORDINATION ELEMENT; 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 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 17, 2003 by a vote of 6-0. PURPOSE: This will update the Miami Comprehensive Neighborhood Plan in accordance with state requirements. DATE: JANUARY 22, 2004 MOVER: COMMISSIONER REGALADO SECONDER: COMMISSIONER GONZALEZ VOTE: AYES: 3 - COMMISSIONER GONZALEZ, REGALADO AND TEELE ABSENT: 2 - COMMISSIONER SANCHEZ AND WINTON ACTION: PASSED ON FIRST READING City ofMiami Page 32 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 The following item shall not be considered before 4:30 pm. PZ.6 04-00296a 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 LOCATED ON THE SOUTHWEST 27TH AVENUE CORRIDOR FROM CORAL WAY TO US-1, EXCLUDING THE WEST SIDE OF THE SOUTHWEST 27TH AVENUE CORRIDOR FROM 25TH STREET TO US-1; PROVIDING FOR A TERM; PROVIDING FOR PENDING APPLICATIONS; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW, PROVIDING FOR UPON COMPLETION OF THE 27TH AVENUE CORRIDOR STUDY AND EFFECTIVE DATE OF THE EARLIER OF 90 DAYS OR THE EFFECTIVE DATE OF THE CURATIVE ORDINANCE ADDRESSING THE REMEDIAL EFFORTS AND IMPLEMENTING STUDY RESULTS IN WHICH CASE THIS ORDINANCE SHALL BE REPEALED; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. REQUEST: To Establish a 90-Day Temporary Moratorium APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 21, 2004 by a vote of 6-2. 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 DATE: APRIL 22, 2004 MOVER: COMMISSIONER REGALADO SECONDER: VICE CHAIRMAN SANCHEZ VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND TEELE ACTION: PASSED ON FIRST READING WITH MODIFICATIONS City ofMiami Page 33 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 The following item shall not be considered before 6:00 pm. PZ.7 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 proceedings. This will allow a mixed -use multifamily residential development. City ofMiami Page 34 Printed on 3/11/2008 City Commission Meeting Agenda May 6, 2004 DATE: APRIL 22, 2004 ACTION: CONTINUED City ofMiami Page 35 Printed on 3/11/2008