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HomeMy WebLinkAboutCC 2004-05-27 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, May 27, 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 May 27, 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 27, 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 PAGE 3 AM - APPROVING MINUTES PAGES 3 - 4 CA - CONSENT AGENDA PAGES 6 - 27 M - MAYOR'S ITEMS PAGE 27 D1 - DISTRICT 1 ITEMS PAGE 27 D2 - DISTRICT 2 ITEMS PAGE 27 D3 - DISTRICT 3 ITEMS PAGE 27 D4 - DISTRICT 4 ITEMS PAGES 27 - 49 D5 - DISTRICT 5 ITEMS PAGES 49 - 54 PH - PUBLIC HEARINGS PAGES 55 - 67 TIME CERTAIN 3:00 P.M.- PHA - Conveyance of Vacant City -Owned Property 3:00 P.M.- PH.5 - Transfer of CDBG Funds to Sisters and Brothers Forever Inc. 3:00 P.M. - PH.6 - Transfer of CDBG Funds to Rafael Hernandez Corp. 3:00 P.M. - PH.7 - Transfer CDBG Funds to Off -Street Parking Authority 3:00 P.M. - PH.8 - Transfer of CDBG Funds to Allapattah Business Dev. Auth. 3:00 P.M. - PH.9 - Approving the Revised Local Housing Assistance Plan EM - EMERGENCY ORDINANCES PAGES 68 - 72 RE - RESOLUTIONS PAGES 73 - 90 BC - BOARDS AND COMMITTEES PAGES 91 - 100 DI - DISCUSSION ITEMS PAGES 101 - 102 ES - EXECUTIVE SESSIONS PAGES 103 - 105 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 May 27, 2004 3:00 P.M. - ES.2- National Advertizing Co. vs. City of Miami PART B PZ - PLANNING AND ZONING ITEMS PAGES 106 - 169 The Planning and Zoning items shall not be considered before 3:00 pm. City ofMiami Page 4 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS AND PROCLAMATIONS PRA 04-00563 MAYORAL VETOES PRESENTATION Name of Honoree Presenter Protocol Item Chairman Arthur E. Teele, Jr. Multi -cultural Women of America - Plaque North Miami Beach Senior High (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Planning and Zoning Meeting of April 22, 2004 Regular Meeting of April 8, 2004 Regular Meeting of May 9, 2002 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.20 constitute the Consent Agenda. These resolutions are self-explanatory and are not expected to require additional review or discussion. Each item will be recorded as individually numbered resolutions, adopted unanimously by the following motion. "...that the Consent Agenda comprised of items CA.1 through CA.20 be adopted..." The Presiding Officer or City Clerk shall state the following: "Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda. Hearing none, the vote on the adoption of the Consent Agenda will now be taken. CA.1 04-00470 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING Police FUNDING OF THE "DO THE RIGHT THING" PROGRAM, IN AN AMOUNT NOT TO EXCEED $117,485; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. CA.2 04-00471 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN COMPENSATION City ofMiami Page 5 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 FOR THE PROFESSIONAL SERVICES OF MARLIN ENGINEERING, INC., PREVIOUSLY APPROVED BY RESOLUTION NO. 03-1141, ADOPTED NOVEMBER 13, 2003, FOR THE PROJECT ENTITLED "LIBERTY CITY DRAINAGE IMPROVEMENTS PROJECT, PHASE I, B-50692," FOR PROFESSIONAL ENGINEERING FEES, IN AN AMOUNT NOT TO EXCEED $13,416, INCREASING COMPENSATION FROM $180,380 TO $193,796, BASED ON (1) THE MODIFIED SCOPE OF SERVICES REQUIRED FOR SAID PROJECT; ALLOCATING FUNDS FOR SAID INCREASE, IN A TOTAL AMOUNT NOT TO EXCEED $13,416, FOR SERVICES AND EXPENSES INCURRED BY THE CITY OF MIAMI, FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 352231 ENTITLED "STORMWATER UTILITY TRUST FUNDS;" AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL WORK ORDER, IN SUBSTANTIALLY THE ATTACHED FORM; AMENDING RESOLUTION NO. 03-1141 TO REFLECT SAID INCREASE. City ofMiami Page 6 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 CA.3 04-00476 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE PURCHASE OF HYDRAULIC PARTS, SUPPLIES AND REPAIRS FROM VARIOUS VENDORS, IN AN ANNUAL AMOUNT NOT TO EXCEED $45,000, FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS, UTILIZING MIAMI-DADE COUNTY CONTRACT NO. 7271-2/07, EFFECTIVE THROUGH FEBRUARY 7, 2007, WITH THE OPTION TO RENEW FOR AN ADDITIONAL TWO (2) YEARS CONSECUTIVELY, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS, IN AN ANNUAL AMOUNT NOT TO EXCEED $45,000, 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.4 04-00477 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE PURCHASE OF WELDING REPAIR, MACHINE SHOP AND METAL FABRICATIONS FROM VARIOUS VENDORS, IN AN ANNUAL AMOUNT NOT TO EXCEED $30,000, FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS, UTILIZING MIAMI-DADE COUNTY CONTRACT NO. 7247-0/07, EFFECTIVE THROUGH SEPTEMBER 30, 2008, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS, IN AN ANNUAL AMOUNT NOT TO EXCEED $30,000, 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.5 04-00478 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE Parks and BID OF SYMBIONT SERVICES CORPORATION, FOR THE PURCHASE Recreation AND INSTALLATION OF POOL HEATING/COOLING SYSTEM UNITS FOR THE TWO POOLS AT CHARLES HADLEY PARK, FOR THE DEPARTMENT OF PARKS AND RECREATION, IN THE AMOUNT NOT TO EXCEED $127,620; ALLOCATING FUNDS FROM THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND FUNDS FROM PROJECT NO. 331419.589307.6.840. CA.6 04-00479 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, CLASSIFYING THE Fire Rescue FOLLOWING ITEMS FROM THE DEPARTMENT OF FIRE -RESCUE AS "CATEGORY A" SURPLUS STOCK: TWENTY-NINE LIFEPAK 5 DEFIBRILLATOR/MONITORS, TEN LIFEPAK 200 City ofMiami Page 7 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 DEFIBRILLATOR/MONITORS, EIGHT LIFEPAK 250 DEFIBRILLATOR/MONITORS, ONE LIFEPAK RECORDER, AND SEVEN BATTERY SUPPORT SYSTEMS; AUTHORIZING THE DONATION OF SAID SURPLUS STOCK TO THE ASOCIACION BOMBEROS VOLUNTARIOS MONTE MAIZ (A VOLUNTEER FIREFIGHTING ORGANIZATION), OF THE REPUBLIC OF ARGENTINA, AND THE ROME FOUNDATION (PROVIDING MEDICAL SUPPORT TO THE HOSPITALS IN HAITI), WITH A TOTAL ESTIMATED VALUE OF $91,200, TO BE USED TO IMPROVE BASIS HEALTHCARE IN THIRD WORLD COUNTRIES AND DEVELOPING NATIONS. CA.7 04-00490 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire Rescue ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE TOTAL COMPENSATION TO DAVISLOGIC INC., D/B/A ALL HANDS CONSULTING ("DAVISLOGIC"), APPROVED BY RESOLUTION NO. 03-190, ADOPTED FEBRUARY 27, 2003, AMENDED BY RESOLUTION NO. 03-1085, ADOPTED OCTOBER 9, 2003, IN AN AMOUNT NOT TO EXCEED $797,633, FROM $1,059,060 TO $1,856,693, TO PROVIDE PART D SERVICES, AND ANY OTHER ADDITIONAL SERVICES CONSISTENT WITH THE OVERALL SCOPE OF WORK, FOR COMPREHENSIVE EMERGENCY PLANNING AND TERRORISM PREPAREDNESS PLANNING AND TRAINING SERVICES FOR THE DEPARTMENT OF FIRE -RESCUE AND ALL OTHER CITY OF MIAMI DEPARTMENTS INVOLVED IN THE URBAN AREAS SECURITY INITIATIVE ("UASI") GRANT PROGRAM II, SUBJECT TO CERTAIN LIMITATIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND DAVISLOGIC; AMENDING RESOLUTION NO. 03-1085 TO REFLECT SAID INCREASE(S); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS PROVIDING FOR FURTHER INCREASES TO THE AGREEMENT WHICH DO NOT EXCEED THE TOTAL COMPENSATION OF $1,856,693 BY MORE THAN TEN PERCENT (10%); ALLOCATING FUNDS FOR SAID INCREASE(S) FROM URBAN AREAS SECURITY INITIATIVE ("UASI") PROGRAM II PROJECT NO. 110111, ACCOUNT CODE NO. 280910.6.270, SUBJECT TO BUDGETARY APPROVAL. CA.8 04-00491 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Police BIDS OF MARTIN'S LAMAR UNIFORMS, FOR GROUP 1, (ALTERNATE BID) AND HARRISON UNIFORMS, FOR GROUPS 2 THROUGH 9, FOR THE PROVISION OF UNIFORMS AND ACCESSORIES, FOR THE DEPARTMENT OF POLICE, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT A FIRST YEAR ANNUAL AMOUNT NOT TO EXCEED $950,000, SUBJECT TO AN INCREASE OF 4% FOR MARTIN'S LAMAR UNIFORM FOR EACH YEAR THEREAFTER, AND AN INCREASE OF 6% FOR HARRISON UNIFORMS FOR EACH YEAR THEREAFTER; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.075. City ofMiami Page 8 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 CA.9 04-00492 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF T.J. PAVEMENT CORPORATION, FOR THE PROJECT ENTITLED "BRYAN PARK RIGHT-OF-WAY IMPROVEMENTS, B-30303," IN AN AMOUNT NOT TO EXCEED $125,676; ALLOCATING FUNDS FOR CONTRACT COSTS IN AN AMOUNT NOT TO EXCEED $125,676, PLUS $17,038.89 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 341206, IN AN AMOUNT NOT TO EXCEED $100,000, AND CIP NO. 311714, IN AN AMOUNT NOT TO EXCEED $42,714.89, FOR TOTAL PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $142,714.89, AS SET FORTH IN THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. CA.10 04-00496 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), TRANSFERRING AND ADDING A PORTION OF NORTHEAST 36TH STREET, TOGETHER WILL ALL PUBLIC RIGHT-OF-WAYS ADJACENT, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO THE JURISDICTIONAL RESPONSIBILITY OF THE STATE OF FLORIDA HIGHWAY SYSTEM IN CONFORMANCE WITH SECTION 337.29, FLORIDA STATUTES; AUTHORIZING THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") TO RECORD A RIGHT-OF-WAY MAP OF THE SUBJECT ROAD IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING FDOT TO RECLASSIFY THE SUBJECT ROAD FROM URBAN LOCAL TO URBAN MINOR ARTERIAL IN THE UPCOMING FEDERAL FUNCTIONAL CLASSIFICATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. CA. 11 04-00498 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE PURCHASE AND INSTALLATION OF CALL TAKER/DISPATCH CONSOLES AND OTHER FURNITURE AND EQUIPMENT, AS LISTED ON THE ATTACHMENT(S), ATTACHED AND INCORPORATED, IN A TOTAL CONTRACT AMOUNT NOT TO EXCEED $426,291.87, INCLUDING A $25,000 OWNER'S ALLOWANCE TO EXPEND FOR UNFORESEEABLE CIRCUMSTANCES, FOR THE DEPARTMENTS OF POLICE AND FIRE -RESCUE'S 911 CENTERS FROM WRIGHT-LINE, AWARDED UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 425-001-01-1, EFFECTIVE UNTIL MARCH 31, 2005, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, ALLOCATING FUNDS FROM THE E911 OPERATING BUDGET, ACCOUNT CODE NO. 196003.290531.6.850 IN AN AMOUNT NOT TO EXCEED $298,172.59, AND CAPITAL IMPROVEMENT City ofMiami Page 9 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PROGRAM, PROJECT NO. 311052, IN AN AMOUNT NOT TO EXCEED $128,119.38. CA.12 04-00500 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF METRIC ENGINEERING, INC. ("ENGINEER"), SELECTED FROM THE LIST OF PRE -APPROVED GENERAL ENGINEERING FIRMS, APPROVED BY RESOLUTION NO. 02-144, ADOPTED FEBRUARY 14, 2002, FOR THE DESIGN DEVELOPMENT, PREPARATION OF BID AND CONSTRUCTION DOCUMENTS, AND PERMIT AND CONSTRUCTION ADMINISTRATION SERVICES RELATED TO THE "BISCAYNE BOULEVARD CROSS STREETS TWO-WAY CONVERSION (9TH STREET, 10TH STREET, 11TH STREET) PROJECT, JOB NUMBER B-33100," IN AN AMOUNT NOT TO EXCEED $136,609, BASED ON: (1) THE SCOPE OF SERVICES AND SCHEDULE REQUIRED FOR THE PROJECT AND (2) THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH THE ENGINEER EXECUTED PURSUANT TO RESOLUTION NO. 02-144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $136,609, FOR SAID PROJECT, FROM CAPITAL IMPROVEMENT PROJECT NO. 341330 ENTITLED "CITYWIDE TRANSPORTATION AND TRANSIT." CA.13 04-00501 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FROM THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("FDOT"), THE CONVEYANCE OF THE FOLLOWING TWO PARCELS OF LAND FOR PUBLIC PURPOSE USE SUBJECT TO COMPLETION OF DUE DILIGENCE BY THE CITY OF MIAMI ("CITY") INCLUDING, BUT NOT LIMITED TO, REVIEW OF THE SURVEYS, APPRAISALS, ENVIRONMENTAL REPORTS, TITLE WORK AND INSURANCE: (A) PARCEL 1 CONTAINING APPROXIMATELY 1.7 ACRES OF LAND LOCATED AT APPROXIMATELY NORTHWEST 20TH STREET, ADJACENT TO INTERSTATE HIGHWAY NO. 95, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $16,000, FROM THE CAPITAL IMPROVEMENT PROJECTS ("CIP"), POLICE TRAINING FACILITY FUNDING PROJECT ACCOUNT NO. 312043.509307.270, APPROPRIATED FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND, FOR THE COST OF DUE DILIGENCE AND CLOSING EXPENSES; AND (B) PARCEL 2 CONTAINING APPROXIMATELY 2.31 ACRES OF LAND LOCATED BETWEEN NORTHWEST 15TH STREET AND 17TH STREET, ALONG NORTHWEST 6TH PLACE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT B," ATTACHED AND INCORPORATED; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $22,000, FROM CIP, WAGNER CREEK RENOVATIONS - PHASE IV, PROJECT ACCOUNT NO. 352259.509301.270, FOR THE COST OF DUE DILIGENCE AND CLOSING EXPENSES. City ofMiami Page 10 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 CA.14 04-00502 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MIAMI FIRST SOURCE HIRING COMMUNITY BENEFITS PROGRAM AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY') AND FLAGSTONE ISLAND GARDENS, LLC ("FLAGSTONE"), TO PROVIDE FOR LOCAL COMMUNITY INVOLVEMENT IN THE PROJECT TO BE DEVELOPED BY FLAGSTONE ("PROJECT") ON WATSON ISLAND, MIAMI, FLORIDA, BY PROVIDING PARTICIPATION IN TRAINING, CONSTRUCTION AND OPERATION OF THE PROJECT BY LOW INCOME INDIVIDUALS RESIDING IN THE CITY AND MIAMI-DADE COUNTY, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. CA.15 04-00469 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTER -LOCAL AGREEMENT ("AGREEMENT") WITH MIAMI-DADE COUNTY ("COUNTY'), CONSISTING OF A NON-BINDING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE COUNTY TO IMPLEMENT A SINGLE CONSOLIDATED COUNTY/CITYWIDE 311 CALL ANSWER CENTER THAT WILL PROVIDE CITIZENS WITH A SIMPLIFIED WAY TO ACCESS COUNTY AND CITY INFORMATION AND SERVICES; RESCINDING, IN ITS ENTIRETY, RESOLUTION NO. 03-1125, ADOPTED DECEMBER 18, 2003, WHICH APPROVED AN EARLIER VERSION OF THIS AGREEMENT. CA.16 04-00448 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING Parks and RESOLUTION NO. 03-938, ADOPTED SEPTEMBER 11, 2003, Recreation WHICH INCREASED THE CONTRACT AWARDED TO J. BALSERA SCHOOL SERVICE, INC., PURSUANT TO RESOLUTION NO. 02-510, ADOPTED MAY 9, 2002, FOR THE PROVISION OF YEAR-ROUND BUS TRANSPORTATION SERVICES, FOR THE DEPARTMENT OF PARKS AND RECREATION, RELATED TO THE HEART OF OUR PARKS PROGRAM, IN AN ANNUAL AMOUNT NOT TO EXCEED $67,500; AMENDING RESOLUTION NO. 03-938, TO REFLECT THAT APPROPRIATE PRICE ADJUSTMENTS TO THE CONTRACT AMOUNT WILL BE BASED ON THE CURRENT YEAR CONSUMER PRICE INDEX. CA.17 04-00527 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE MIAMI RIVER FUND, INC., THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION AND THE CITY OF MIAMI, TO CONTINUE PROVIDING EDUCATIONAL PROGRAMS RELATING TO THE MIAMI City ofMiami Page 11 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 RIVER FOR A TWO-YEAR PERIOD ENDING ON SEPTEMBER 30,2004; ALLOCATING FUNDS, IN AN ANNUAL AMOUNT NOT TO EXCEED $25,000, FROM THE GENERAL FUND NON -DEPARTMENTAL ACCOUNT NO. 001000.921002.6.930. CA.18 04-00544 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 03-04-022, THAT THE MOST QUALIFIED FIRMS TO PROVIDE A MASTER PLAN FOR BICENTENNIAL PARK "MUSEUM PARK MIAMI," FOR THE OFFICE OF THE CITY MANAGER ARE, IN RANK ORDER: (1) COOPER ROBERTSON & PARTNERS, AND (2) EDAW, INC.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), WITH COOPER ROBERTSON & PARTNERS, THE TOP-RANKED FIRM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM, EDAW, INC., IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP-RANKED FIRM; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR APPROVAL. CA.19 04-00545 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING AN INCREASE IN THE PURCHASE ORDER WITH COHABI GROUP, INC., FOR THE PROJECT ENTITLED "OVERTOWN SHOPPING CENTER -GREASE TRAP, B-3279," IN AN AMOUNT NOT TO EXCEED $35,000, INCREASING THE AMOUNT FROM $21,840 TO $56,840, FOR ADDITIONAL WORK REQUIRED; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. 311062; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. CA.20 04-00473 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SOUTH FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA ("HIDTA") CRIME AND DRUG DEMAND REDUCTION PROGRAM VIII" AND APPROPRIATING A GRANT AWARD, IN THE AMOUNT OF $45,000, FROM THE SOUTH FLORIDA HIDTA THROUGH THE MONROE COUNTY SHERIFF'S OFFICE; AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IMPLEMENTING ACCEPTANCE OF SAID GRANT. END OF CONSENT AGENDA City ofMiami Page 12 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ City ofMiami Page 13 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 DISTRICT 1 COMMISSIONER ANGEL GONZALEZ City ofMiami Page 14 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 DISTRICT 2 COMMISSIONER JOHNNY L. WINTON City ofMiami Page 15 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ City ofMiami Page 16 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 04-00368 DISCUSSION ITEM District 4- DISCUSSION CONCERNING AN UPDATE FROM THE Commissioner ADMINISTRATION ON THE ALF TASK FORCE. Tomas Regalado D4.2 04-00523 DISCUSSION ITEM District 4- DISCUSSION FROM THE CITY ATTORNEY CONCERNING THE ADULT Commissioner LIVING FACILITY AT 2381 SOUTHWEST 21 ST TERRACE THAT WAS Tomas Regalado CONVERTED INTO A HALFWAY HOUSE. D4.3 04-00525 DISCUSSION ITEM District 4- DISCUSSION CONCERNING AN UPDATE FROM THE Commissioner ADMINISTRATION REGARDING HEALTH COVERAGE FOR PART-TIME Tomas Regalado EMPLOYEES. D4.4 04-00526 DISCUSSION ITEM District 4- DISCUSSION CONCERNING AN UPDATE FROM THE Commissioner ADMINISTRATION REGARDING CONVERTING PART-TIME Tomas Regalado EMPLOYEES TO FULL-TIME EMPLOYMENT. D4.5 04-00554 DISCUSSION ITEM District 4- DISCUSSION CONCERNING THE ELIMINATION OF ANOTHER WORK Commissioner FORCE CENTER IN THE CITY OF MIAMI. Tomas Regalado D4.6 04-00555 DISCUSSION ITEM District 4- DISCUSSION CONCERNING AN UPDATE FROM THE Commissioner ADMINISTRATION REGARDING THE QUALITY OF CAPITAL Tomas Regalado IMPROVEMENT PROJECTS AND THE ECONOMIC IMPACT OF ADMINISTRATIVE ERRORS. City ofMiami Page 17 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR D5.1 04-00547 DISCUSSION ITEM DISCUSSION REGARDING THE STATUTES OF THE LAW INTO 2 C.O.P. (CONSUMPTION ON PREMISES) D5.2 04-00553 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER AND THE DEPARTMENT OF PLANNING TO MAKE A RECOMMENDATION FOR THE DESIGNATION OF A "CITY CEMETERY DRIVE." D5.3 04-00551 RESOLUTION District 5- Vice A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A Chair Michelle COMMITTEE TO REVIEW THE HISTORY AND TRENDS AND TO MAKE Spence -Jones RECOMMENDATIONS FOR A PLAN TO IMPLEMENT STATE LAW RELATED TO CLUC 90 OF COUNTY DELINQUENT TAX LAND IN THE CITY OF MIAMI; DESIGNATING THE CHAIRPERSON APPOINTED BY THE CITY COMMISSION; FURTHER DESIGNATING MEMBERS CONSISTING OF A REPRESENTATIVE APPOINTED BY THE CITY OF MIAMI ("CITY") DEPARTMENTS OF ECONOMIC DEVELOPMENT, PLANNING AND ZONING, COMMUNITY DEVELOPMENT, THE CITY ATTORNEY, A REPRESENTATIVE FROM THE AUDITOR GENERAL'S OFFICE AND ANY OTHER REPRESENTATIVE THAT THE CITY MANAGER DEEMS APPROPRIATE; DIRECTING THE COMMITTEE TO PRESENT A REPORT OF ITS FINDINGS TO THE CITY COMMISSION AT ITS MEETING OF JUNE 10, 2004. D5.4 04-00557 RESOLUTION District 5- Vice A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Chair Michelle EXPENDITURE OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,500, TO Spence -Jones CONTRIBUTE FOR A HISTORICAL MARKER (BASED ON HISTORICAL REGISTRY, PUBLIC WORKS AND PARKS DEPARTMENTS); SAID FUNDS TO BE $500 ALLOCATED FROM THE DISTRICT 5 ROLLOVER ACCOUNT NO. 001000.920922.6.930, $500 FROM THE DISTRICT 4 ROLLOVER ACCOUNT NO. 001000.920919.6.930, AND $500, FROM THE DISTRICT 2 ROLLOVER ACCOUNT NO. 001000.920920.6.930. City ofMiami Page 18 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PUBLIC HEARING PHA 04-00497 ORDINANCE PUBLIC HEARING Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Public Works CHAPTER 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS," TO MODIFY THE WIDTH OF NORTHEAST 9TH STREET BETWEEN NORTHEAST 2ND AVENUE AND BISCAYNE BOULEVARD, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. PH.2 04-00521 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, WAIVING COMPETITIVE NEGOTIATION PROCEDURES FOR THE PROVISION OF PROFESSIONAL SERVICES FOR THE MANAGEMENT OF APPROXIMATELY 3.29 ACRES OF CITY -OWNED PROPERTY LOCATED AT 6161 NORTHWEST 9TH AVENUE, MIAMI, FLORIDA ("PROPERTY'); AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BELAFONTE TACOLCY CENTER, INC. ("PROVIDER"), A NON-PROFIT CORPORATION, FOR SAID SERVICES AND PROVIDING FOR: (1) AN INITIAL TERM OF FIFTEEN (15) YEARS THAT SHALL COMMENCE ON THE EFFECTIVE DATE, WITH AN OPTION TO EXTEND FOR ONE ADDITIONAL FIFTEEN -YEAR PERIOD SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES; (2) A FEE OF ONE DOLLAR ($1.00) PER ANNUM, PLUS FLORIDA STATE USE TAX IF APPLICABLE WHICH SHALL BE PAID BY THE PROVIDER; (3) THE PROVIDER MAY ENTER INTO PROGRAM SERVICE AGREEMENTS WITH SERVICE PROVIDERS FOR THE PURPOSE OF OPERATING EDUCATIONAL, RECREATIONAL, AND LEADERSHIP TRAINING PROGRAMS; AND (4) CANCELLATION OF THE REVOCABLE LICENSE AGREEMENT DATED NOVEMBER 20, 1997, BETWEEN THE CITY OF MIAMI AND THE PROVIDER, ON THE EFFECTIVE DATE OF THE MANAGEMENT AGREEMENT. PH.3 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 City ofMiami Page 19 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 TERMS AND CONDITIONS OF THE AGREEMENT. DATE: MAY 6, 2004 ACTION: DEFERRED 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.6 04-00504 DATE: APRIL 22, 2004 Department of ACTION: DEFERRED PH.5 04-00503 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED $15,000, PREVIOUSLY ALLOCATED TO SISTERS AND BROTHERS FOREVER, INC., PURSUANT TO RESOLUTION NO. 03-1245, ADOPTED DECEMBER 18, 2003, FROM THE PUBLIC FACILITIES AND IMPROVEMENTS CATEGORY AND REALLOCATING SAID FUNDS TO THE PUBLIC SERVICE CATEGORY; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THAT CERTAIN MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. PH.6 04-00504 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED $65,000, PREVIOUSLY ALLOCATED TO THE RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORP., FROM THE 29TH YEAR CDBG PROGRAM FOR ECONOMIC DEVELOPMENT; ALLOCATING SAID FUNDS TO THE RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORP. HOUSING PROJECT MANAGEMENT SUPPORT; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THAT CERTAIN AGREEMENT AND A CDBG HOUSING PROGRAM MANAGEMENT SUPPORT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS, BETWEEN THE CITY OF MIAMI AND THE RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORP., FOR SAID PURPOSE. City ofMiami Page 20 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PH.7 04-00505 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION TRANSFERRING Community COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN AN Development AMOUNT NOT TO EXCEED $1,070,000, PREVIOUSLY ALLOCATED TO THE LITTLE HAVANA HOMEOWNERSHIP TRUST; REALLOCATING SAID FUNDS TO THE CITY OF MIAMI OFF-STREET PARKING AUTHORITY TO BE USED FOR PROPERTY ACQUISITION AND FOR DEVELOPMENT OF A PUBLIC PARKING LOT LOCATED AT 901 SOUTHWEST 15TH AVENUE, MIAMI, FLORIDA, ALSO KNOWN AS 1432 SOUTHWEST 8TH STREET, MIAMI, FLORIDA. PH.8 04-00506 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 29TH YEAR Development COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED $188,513, PREVIOUSLY ALLOCATED TO THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. ("ABDA"), FOR ECONOMIC DEVELOPMENT; ALLOCATING SAID FUNDS TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. ("ABDA"), HOUSING PROJECT MANAGEMENT SUPPORT; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE EXISTING AGREEMENT WITH ABDA, AND A CDBG ECONOMIC DEVELOPMENT PROGRAMS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS, FOR SAID PURPOSE. PH.9 04-00507 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE REVISED CITY OF MIAMI ("CITY') Development LOCAL HOUSING ASSISTANCE PLAN ("LHAP"), ATTACHED AND INCORPORATED, FOR THE PERIOD OF JULY 1, 2001 THROUGH JUNE 30, 2004, FOR THE CONTINUED PARTICIPATION OF THE CITY IN THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM; AUTHORIZING THE CITY MANAGER TO INCREASE THE MAXIMUM AMOUNT OF ASSISTANCE PROVIDED TO ANY APPLICANT IN THE FORM OF LOANS AND GRANTS, TO AN AMOUNT NOT TO EXCEED $83,000; AUTHORIZING THE CITY MANAGER TO SUBMIT A MODIFIED PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION ("FHFC"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SHIP AND LHAP PROGRAMS. City ofMiami Page 21 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 ORDINANCES - EMERGENCY (Note: This item is being presented as an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety and property of the City of Miami, and upon further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies and to generally carry on the functions and duties of municipal affairs) EMA 04-00475 ORDINANCE EMERGENCY ORDINANCE (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12451, THE CAPITAL PROJECTS APPROPRIATIONS ORDINANCE, TO REVISE CERTAIN ONGOING CAPITAL IMPROVEMENT PROJECTS BY REPROGRAMMING PREVIOUSLY APPROVED FUNDS AND APPROPRIATING NEW FUNDING; ESTABLISHING AND APPROPRIATING NEW CAPITAL PROJECT NO. 326010 ENTITLED "MIAMARINA IMPROVEMENTS"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. EM.2 04-00493 ORDINANCE EMERGENCY ORDINANCE (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12420, THE ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2004, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. City ofMiami Page 22 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 RESOLUTIONS REA 04-00480 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Public Works INCREASE IN THE MIAMI-DADE COUNTY CONTRACT AWARDED TO ENVIROWASTE SERVICE GROUP, INC. ("CONTRACTOR"), PREVIOUSLY APPROVED BY RESOLUTION NO. 03-1007, ADOPTED SEPTEMBER 11, 2003, FOR THE PROJECT ENTITLED "CITYWIDE STORMWATER CLEANING AND MAINTENANCE PROJECT, FISCAL YEAR 2003, B-5697," FOR ADDITIONAL WORK TO BE PERFORMED BY THE CONTRACTOR, IN AN AMOUNT NOT TO EXCEED $339,250, INCREASING THE CONTRACT FROM $750,000 TO $1,089,250; ALLOCATING FUNDS FROM THE DEPARTMENT OF PUBLIC WORKS GENERAL OPERATING BUDGET ACCOUNT NO. 001000.311003.6.340, IN AN AMOUNT NOT TO EXCEED $295,000, FOR CONTRACT SERVICES, AND FROM THE DEPARTMENT OF PUBLIC WORKS GENERAL OPERATING BUDGET ACCOUNT NO. 001000.311003.6.270, IN AN AMOUNT NOT TO EXCEED $44,250, FOR INSPECTION SERVICES, FOR SAID PROJECT; AMENDING RESOLUTION NO. 03-1007 TO REFLECT SAID INCREASE. RE.2 04-00481 RESOLUTION City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE SUB -RECIPIENT AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") FOR THE REPROGRAMMING OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS ALLOCATED TO THE CRA'S 9TH STREET PEDESTRIAN MALL PROJECT, TO THE GRAND PROMENADE INTERIM IMPROVEMENT PROJECT, AND CRA INFRASTRUCTURE, LAND ACQUISITION, HISTORIC PRESERVATION, AND TRANSPORTATION PROJECTS AS APPROVED BY THE CRA'S BOARD OF DIRECTORS; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO AMEND THE DEPARTMENT OF COMMUNITY DEVELOPMENT'S HOUSING AND URBAN DEVELOPMENT ("HUD") ACTION PLAN, INCLUDING PROVIDING PUBLIC NOTICES ACCORDING TO THE HUD CITIZEN PARTICIPATION PLAN. RE.3 04-00494 RESOLUTION Model City A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Community ATTORNEY TO INITIATE AN ACTION FOR SPECIFIC PERFORMANCE Revitalization AGAINST ALBA AND ULISSES DUARTE, TO COMPEL THE SALE OF THE District Trust PROPERTIES LOCATED AT 1525 AND 1535 NORTHWEST 62ND STREET, MIAMI, FLORIDA, TO THE CITY OF MIAMI, CONSISTENT WITH THE TERMS AND CONDITIONS OF THE PURCHASE AND SALE AGREEMENT EXECUTED FOR THE SALE OF SAID PROPERTIES. City ofMiami Page 23 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 RE.4 04-00495 RESOLUTION Model City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community CONVEYANCE OF SIX (6) CITY -OWNED VACANT PARCELS LOCATED Revitalization IN THE MODEL CITY HOMEOWNERSHIP ZONE, LISTED HEREIN, TO District Trust PALMETTO HOMES OF MIAMI, INC., AS DEVELOPER AT NO COST FOR THE DEVELOPMENT OF EIGHT (8) NEW SINGLE FAMILY HOMES, AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW INCOME, SUBJECT TO THE DEVELOPER: (1) PROVIDING EVIDENCE ACCEPTABLE TO THE CITY OF MIAMI ("CITY') AND THE MODEL CITY TRUST OF FIRM COMMITMENTS FOR PROJECT CONSTRUCTION AND PERMANENT FINANCING FOR PURCHASE BY QUALIFIED HOMEBUYERS, (2) COMMENCING CONSTRUCTION WITHIN TWELVE (12) MONTHS FROM THE DATE OF CONVEYANCE BY THE CITY, (3) COMPLYING WITH OTHER TERMS AND CONDITIONS INCLUDING PARCEL REVERTER PROVISIONS, AS DEEMED APPROPRIATE BY THE CITY MANAGER AND THE CITY ATTORNEY, AND (4) PROVIDING THE ADMINISTRATION WITH A STATUS REPORT CONCERNING TITLE TO THE PARCELS WITHIN NINETY (90) DAYS FROM THE DATE OF CONVEYANCE; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. RE.5 04-00276 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID OF ONE CROW, INC., FOR THE PROJECT ENTITLED "OVERTOWN STORMWATER PUMP STATION UPGRADES 3RD BIDDING, B -5650D," IN THE PROPOSED AMOUNT NOT TO EXCEED $286,000; ALLOCATING FUNDS FOR CONTRACT COSTS IN AN AMOUNT NOT TO EXCEED $286,000, PLUS $76,320 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 352216, IN AN AMOUNT NOT TO EXCEED $189,119.75, AND CIP NO. 313855, IN THE AMOUNT NOT TO EXCEED $173,200.25, FOR TOTAL PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $362,320, AS SET FORTH ON THE TABULATION OF BIDS DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. DATE: APRIL 8, 2004 ACTION: DEFERRED DATE: APRIL 22, 2004 ACTION: DEFERRED City ofMiami Page 24 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 RE.6 04-00472 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ASSIGNMENT OF THE CITY OF MIAMI ("CITY') COMMERCIAL SOLID WASTE NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY AND ATLAS WASTE, CORP. TO EASTERN WASTE SYSTEMS, INC., CONTINGENT UPON SUBMISSION OF ALL SUPPORTING DOCUMENTS REQUIRED BY THE NON-EXCLUSIVE FRANCHISE AGREEMENT, WITH PROVISIONS STATED HEREIN. RE.7 04-00538 DISCUSSION ITEM Planning & Zoning PRESENTATION BY THE PLANNING AND ZONING DEPARTMENT OF -- City Commission THE MIAMI MASTER PLAN. RE.8 04-00537 RESOLUTION Planning & Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING -- City Commission RESOLUTION NO. 02-19, ADOPTED JANUARY 10, 2002, WHICH AUTHORIZED THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH DUANY, PLATER-ZYBERK AND COMPANY, PROFESSIONAL CONSULTANTS, SELECTED FROM THE LIST OF PRE -APPROVED TOWN PLANNING/URBAN DESIGN SERVICES FIRMS FOR THE PROJECT ENTITLED "MIAMI MASTER PLAN," INCREASING THE CONTRACT TO A TOTAL COMPENSATION AMOUNT NOT TO EXCEED $1.7 MILLION, BASED ON THE TERMS AND CONDITIONS SET FORTH IN THE PSA WITH DUANY, PLATER-ZYBERK AND COMPANY PURSUANT TO SAID RESOLUTION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR SAID PURPOSE; AMENDING RESOLUTION NO. 02-19 TO REFLECT SAID INCREASE; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $1.7 MILLION FOR SERVICES AND EXPENSES TO BE INCURRED BY THE CITY OF MIAMI FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 311047, ENTITLED "EFFICIENCY IMPROVEMENT STUDIES," WITH AN AMOUNT NOT TO EXCEED $1.2 MILLION AVAILABLE TO BE USED IN FISCAL YEAR 2004, AND APPROPRIATING AN AMOUNT NOT TO EXCEED $500,000, IN THE FISCAL YEAR 2005 BUDGET. City ofMiami Page 25 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 BOARDS AND COMMITTEES BCA 04-00311 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. Joe Sanchez as Chairperson of the Bayfront Park Management Trust Johnny L. Winton as Chairperson of the Downtown Development Authority Angel Gonzalez as Chairperson of the Orange Bowl Advisory Board Arthur E. Teele, Jr. as Chairperson of the OMNI Community Redevelopment Agency Johnny L. Winton as Vice Chairperson of the OMNI Community Redevelopment Agency Arthur E. Teele, Jr. as Chairperson of the Southeast Overtown/Park West Community Redevelopment Agency Johnny L. Winton as Vice Chairperson of the Southeast Overtown/Park West Community Redevelopment Agency Tomas Regalado as Vice Chairperson of the Miami Sports and Exhibition Authority Angel Gonzalez as a member of the Commercial Solid Waste Management Advisory Committee Tomas Regalado as a member of the Dade County Visitors Industry Voluntary Education Service Training Trust Joe Sanchez as a member of the Dade League of Cities Arthur E. Teele, Jr. as a member of the Enterprise Zone Advisory Council Joe Sanchez as a member of the Florida League of Cities Manuel A. Diaz, Mayor as a member of the Greater Miami Convention and Visitors Bureau City ofMiami Page 26 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 Joe Sanchez as a member of the Metro Dade Community Action Board Manuel A. Diaz, Mayor as a member of the Metropolitan Planning Organization (MPO) Joe Sanchez as a member of the Miami River Commission Angel Gonzalez as a member of the South Florida Employment and Training Consortium Angel Gonzalez as a member of the Tourism Development Council Tomas Regalado as an ex -officio, nonvoting member of the Little Havana Festival Committee Joe Sanchez as an ex -officio, nonvoting member of the Miami -Dade HIV/AIDS Partnership Johnny L. Winton as Chairperson of the Coconut Grove Special Events and Marketing Committee City ofMiami Page 27 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 BC.2 04-00188 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Arthur E. Teele, Jr. DATE: APRIL 8, 2004 ACTION: NO ACTION TAKEN BC.3 04-00312 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES NOMINATED BY: Commissioner At -Large Commissioner At -Large Commissioner At -Large Commissioner At -Large Commissioner At -Large Mayor Manuel Diaz BC.4 04-00441 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Richard Bennett, Jr NOMINATED BY: Chairman Arthur Teele City ofMiami Page 28 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 BC.5 04-00444 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Henry S. Harrison Miami Association of Fire Fighters Shad Fields AFSCME Local 871 (for Sanitation employees) BC.6 04-00445 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITY AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Keri Lee Livingston Commissioner Johnny Winton BC.7 04-00447 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Eli Feinberg Commissioner Angel Gonzalez Bob Beamon Chairman Arthur E. Teele, Jr. City ofMiami Page 29 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 BC.8 04-00520 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Maria Dreyfus-Ulvert Commission At -Large Najib Tayara Chairman Arthur Teele Steven Bandel Mayor Manuel Diaz Edgardo Fortuna Mayor Manuel Diaz Luis Lauredo Mayor Manuel Diaz Julian Linares Mayor Manuel Diaz Rudolph Moise Mayor Manuel Diaz Luiz Augusto Rocha Mayor Manuel Diaz Dwayne Wynn Mayor Manuel Diaz City ofMiami Page 30 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 DISCUSSION ITEM 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. DH 04-00429 DISCUSSION ITEM A DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. DATE: MAY 6, 2004 ACTION: DEFERRED City ofMiami Page 31 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 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 DATE: APRIL 22, 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 City ofMiami Page 32 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 DISCUSSING PENDING LITIGATION: NATIONAL ADVERTISING CO. VS. CITY OF MIAMI. THE SESSION, WHICH WILL BE THE SECOND OF TWO CLOSED DOOR ATTORNEY-CLIENT SESSIONS SCHEDULED FOR THIS DATE ON VARIOUS CASES, WILL BEGIN AT APPROXIMATELY 3:00 P.M., OR AS SOON THEREAFTER, AT CITY HALL, IN COMMISSIONER ANGEL GONZALEZ'S CONFERENCE ROOM, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, AND CONCLUDE AT APPROXIMATELY 3:30 P.M. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, ANGEL GONZALEZ, JOE SANCHEZ, TOMAS REGALADO, JOHNNY L. WINTON, AND ARTHUR E. TEELE, JR.; THE CITY MANAGER, JOE ARRIOLA; THE CITY ATTORNEY, ALEJANDRO VILARELLO, DEPUTY CITY ATTORNEY, JOEL E. MAXWELL AND ATTORNEYS PARKER THOMSON, CAROL LICKO AND LAURIE PIECHURA FROM THE LAW FIRM OF HOGAN AND HARTSON, LLP, COUNSEL FOR THE CITY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE LITIGATION. AT THE CONCLUSION OF THE SESSION, THE CITY COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE SESSION. SAID COMMISSION MEETING WILL CONVENE AT CITY HALL, CITY COMMISSION CHAMBER, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA. DATE: MARCH 11, 2004 ACTION: DEFERRED DATE: APRIL 8, 2004 ACTION: DEFERRED DATE: APRIL 22, 2004 ACTION: DEFERRED City ofMiami Page 33 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PART B The following items shall not be considered before 3:00 pm. PZ.1 04-00460 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO RESOLUTION NO. 98-450, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, FOR THE VILLA MAGNA PROJECT (F. K.A. BAYSHORE PALMS MUSP PHASE II) LOCATED AT 1201 BRICKELL BAY DRIVE, MIAMI, FLORIDA, TO ALLOW A MODIFICATON TO CONSTRUCT TWO RESIDENTIAL TOWERS CONSISTING OF 999 MULTIFAMILY UNITS, 209 HOTEL UNITS WITH RECREATIONAL AMENITIES, 34,975 SQUARE FEET OF RETAIL SPACE, APPROXIMATELY 1,474 PARKING SPACES AND TO INCREASE THE FLOOR AREA RATIO (FAR) BY 20%; 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 Villa Magna (f.k.a. Bayshore Palms Phase II) LOCATION: Approximately 1201 Brickell Bay Drive APPLICANT(S): Tibor Hollo, Member, Excel.com LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on April 21, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the Villa Magna Project. City ofMiami Page 34 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.2 04-00461 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9,13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE INFINITY AT BRICKELL PROJECT, TO BE LOCATED AT APPROXIMATELY 40 SOUTHWEST 13TH STREET, MIAMI, FLORIDA, TO BE COMPRISED OF 459 MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, 61,540 SQUARE FEET OF OFFICE SPACE, 6,727 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 590 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 Infinity at Brickell Project LOCATION: Approximately 40 SW 13th Street APPLICANT(S): Infinity at Brickell, LLC. APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on April 21, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the Infinity at Brickell Project. City ofMiami Page 35 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.3 03-0188 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING OR DENYING THE APPEAL FILED BY RIVERHOUSE PIER I LIMITED ("APPELLANTS"), AND REVERSING OR AFFIRMING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DESIGNATED EAST COAST FISHERIES LOCATED AT 40 SOUTHWEST NORTH RIVER DRIVE AS A HISTORIC SITE. REQUEST: Appeal of a Historic and Environmental Preservation Board Decision of a Historic Designation LOCATION: Approximately 40 SW North River Drive APPLICANT(S): Planning and Zoning Department APPELLANT(S): RiverHouse Pier I Limited APPELLANT(S) AGENT: Jena E. Rissman, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial of the appeal and uphold the decision of the Historic and Environmental Preservation Board. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Approved the designation on September 16, 2003 by a vote of 9-0. PURPOSE: The approval of this appeal will not result in the historic designation of the above property. DATE: NOVEMBER 25, 2003 ACTION: CONTINUED DATE: JANUARY 22, 2004 ACTION: CONTINUED DATE: FEBRUARY 26, 2004 ACTION: CONTINUED City ofMiami Page 36 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.4 04-00467 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO WAIVE 50 OF THE REQUIRED 58 PARKING SPACES AND TO ALLOW A MAXIMUM BUILDING FOOTPRINT OF 4,217 FEET, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3138 SOUTHWEST 22ND STREET. City ofMiami Page 37 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.5 04-00450 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN ALLEY LOCATED BETWEEN NORTHWEST 20TH STREET AND THE MIAMI CANAL, WESTERLY OF NORTHWEST 27TH AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." REQUEST: Official Vacation and Closure of an Alley LOCATION: An Alley Located Between NW 20th Street and the Miami Canal, Westerly of NW 27th Avenue APPLICANT(S): Rollins, Inc., Owner and Aguaclara, Ltd., Contract Purchaser APPLICANT(S) AGENT: Anthony L. Recio, 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 5-1. ZONING BOARD: Recommended approval to City Commission on April 12, 2004 by a vote of 8-0. PURPOSE: This will allow a unified commercial development site. City ofMiami Page 38 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 SECOND READING ORDINANCES PZ.6 04-00182 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 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 DATE: APRIL 22, 2004 MOVER: VICE CHAIRMAN SANCHEZ SECONDER: COMMISSIONER GONZALEZ VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND TEELE ACTION: PASSED ON FIRST READING City ofMiami Page 39 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.7 04-00182a ORDINANCE SECOND 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 DATE: APRIL 22, 2004 MOVER: VICE CHAIRMAN SANCHEZ SECONDER: COMMISSIONER WINTON VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND TEELE ACTION: PASSED ON FIRST READING City ofMiami Page 40 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.8 04-00181 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 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 I D 04-00181 a. PURPOSE: This will allow a commercial development site. DATE: APRIL 22, 2004 MOVER: COMMISSIONER REGALADO SECONDER: COMMISSIONER WINTON VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, REGALADO AND TEELE ABSENT: 1 -COMMISSIONER SANCHEZ ACTION: PASSED ON FIRST READING City ofMiami Page 41 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.9 04-00181a ORDINANCE SECOND 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. DATE: APRIL 22, 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 42 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 FIRST READING ORDINANCES PZ.10 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 DATE: APRIL 22, 2004 City ofMiami Page 43 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 DATE: APRIL 22, 2004 ACTION: CONTINUED City ofMiami Page 44 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.11 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 DATE: APRIL 22, 2004 City ofMiami Page 45 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 DATE: APRIL 22, 2004 ACTION: CONTINUED City ofMiami Page 46 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.12 04-00191 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 3720 SOUTHWEST 27TH TERRACE, MIAMI, FLORIDA, FROM "DUPLEX 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 "Duplex Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3720 SW 27th Terrace APPLICANT(S): Fanio and Caliz Marrero, Owners FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval of a motion, which failed (due to failure to obtain the requried five favorable votes), constituting a denial to City Commission on February 18, 2004 by a vote of 4-4. See companion File ID 04-00191 a. PURPOSE: This will change the above property to Restricted Commercial. REQUESTED TO BE CONTINUED TO SEPTEMBER 23, 2004. City ofMiami Page 47 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.13 04-00191a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42 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-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 3720 SOUTHWEST 27TH TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 3720 SW 27th Terrace APPLICANT(S): Fanio & Caliz Marrero, Owners FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on March 8, 2004 by a vote of 5-4. See companion File ID 04-00191. PURPOSE: This will change the above property to C-1 Restricted Commercial. REQUESTED TO BE CONTINUED TO SEPTEMBER 23, 2004. City ofMiami Page 48 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.14 04-00329 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 2101 AND 2135 NORTHWEST MIAMI COURT AND 2110, 2118 AND 2134 NORTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "GENERAL 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" to "General Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 2101 and 2135 NW Miami Court and 2110, 2118 and 2134 N Miami Avenue APPLICANT(S): Chrome Miami, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 17, 2004 by a vote of 8-0. See companion File ID 04-00329a. PURPOSE: This will change the above properties to General Commercial. City ofMiami Page 49 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.15 04-00329a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 21, 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 I INDUSTRIAL TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2101 AND 2135 NORTHWEST MIAMI COURT AND 2110, 2118 AND 2134 NORTH MIAMI AVENUE, MIAMI, FLORIDA, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from I Industrial to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 2101 and 2135 NW Miami Court and 2110, 2118 and 2134 N Miami Avenue APPLICANT(S): Chrome Miami, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on April 12, 2004 by a vote of 8-0. See companion File ID 03-0329. PURPOSE: This will change the above properties to C-2 Liberal Commercial. City ofMiami Page 50 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.16 04-00330 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 1760 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 1760 SW 7th Street APPLICANT(S): John C. Harrison, Jr., Owner APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 17, 2004 by a vote of 6-2. See companion File ID 04-00330a. PURPOSE: This will change the above property to Restricted Commercial. City ofMiami Page 51 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.17 04-00330a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NOS. 35 AND 38 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 AND C-1 RESTRICTED COMMERCIAL WITH AN SD -12 BUFFER OVERLAY DISTRICT AND SD -25 SOUTHWEST 8TH STREET SPECIAL OVERLAY DISTRICT TO SD -14 LATIN QUARTER COMMERCIAL -RESIDENTIAL AND PEDESTRIAN PATHWAY DESIGNATION ON SOUTHWEST 8TH STREET FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1741 SOUTHWEST 8TH STREET AND 1760 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, 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 and C-1 Restricted Commercial with an SD -12 Buffer Overlay District and SD -25 Southwest 8th Street Special Overaly District to SD -14 Latin Quarter Commercial -Residential Pedestrian Pathway Designation on SW 8th Street to Change the Zoning Atlas LOCATION: Approximately 1741 SW 8th Street and 1760 SW 7th Street APPLICANT(S): John C. Harrison, Jr., Owner APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on April 12, 2004 by a vote of 7-0. See companion File ID 03-0330. PURPOSE: This will change the above properties to SD -14 Latin Quarter Commercial -Residential and Pedestrian Pathway Designation on SW 8 Street. City ofMiami Page 52 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.18 04-00389 ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING -- City Commission 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 3804-3820 NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "GENERAL 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 "Duplex Residential" to "General Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3804-3820 NW 12th Avenue APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 31, 2004 by a vote of 8-0. See companion File ID 04-00389a. PURPOSE: This will change the above properties to General Commercial. City ofMiami Page 53 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.19 04-00389a ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH -- City Commission ATTACHMENT(S), AMENDING PAGE NO. 17, 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-2 TWO-FAMILY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3804-3820 NORTHWEST 12TH 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-2 Two -Family Residential to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 3804-3820 NW 12th Avenue APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 21, 2004 by a vote of 9-0. See companion File ID 04-00389. PURPOSE: This will change the above properites to C-2 Liberal Commercial. City ofMiami Page 54 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.20 04-00452 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NO. 16, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 6, SECTION 612, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO R-2 TWO-FAMILY RESIDENTIAL WITH AN SD -12 BUFFER OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 5317 NORTHWEST 5TH AVENUE, MIAMI, FLORIDA, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to R-2 Two -Family Residential with an SD -12 Buffer Overlay District to Change the Zoning Atlas LOCATION: Approximately 5317 NW 5th Avenue APPLICANT(S): Major & Betty Jo Threlkeld, Owners FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 12, 2004 by a vote of 7-0. PURPOSE: This will add the SD -12 Buffer Overlay District to the above property. City ofMiami Page 55 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.21 04-00407 ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH -- City Commission ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FOR AN AREA LOCATED ON WATSON ISLAND MORE PARTICULARLY KNOWN AS "WATSON ISLAND TRACT G" FROM "RECREATION" TO "RESTRICTED COMMERCIAL;" SAID PROPERTY MORE PARTICULARLY DESCRIBED IN "EXHIBIT A;" 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 G APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2004 by a vote of 6-1. See companion File ID 04-00407a, 04-00407b and 04-00407c. PURPOSE: This will change the above portion of Watson Island to Restricted Commercial. City ofMiami Page 56 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.22 04-00407a ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH -- City Commission ATTACHMENT(S), AMENDING PAGE NO. 22, 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 PR PARKS AND RECREATION TO C-1 RESTRICTED COMMERCIAL FOR AN AREA LOCATED ON WATSON ISLAND MORE PARTICULARLY KNOWN AS "WATSON ISLAND TRACT G," 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 PR Parks and Recreation to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Watson Island Tract G APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2004 by a vote of 5-2. See companion File ID 04-00407, 04-00407b and 04-00407c. PURPOSE: This will change the above portion of Watson Island to C-1 Restricted Commercial. City ofMiami Page 57 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.23 04-00407b ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH -- City Commission ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FOR AN AREA LOCATED ON WATSON ISLAND MORE PARTICULARLY KNOWN AS "WATSON ISLAND TRACT H" FROM "RESTRICTED COMMERCIAL" TO "RECREATION"; SAID PROPERTY MORE PARTICULARLY DESCRIBED IN "EXHIBIT A;" 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 H APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2004 by a vote of 6-1. See companion File ID 04-00407, 04-00407a and 04-00407c. PURPOSE: This will change the above portion of Watson Island to Recreational. City ofMiami Page 58 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.24 04-00407c ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH -- City Commission ATTACHMENT(S), AMENDING PAGE NO. 22, 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 C-1 RESTRICTED COMMERCIAL TO PR PARKS AND RECREATION FOR AN AREA LOCATED ON WATSON ISLAND MORE PARTICULARLY KNOWN AS "WATSON ISLAND TRACT H," 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 C-1 Restricted Commercial to PR Parks and Recreation to Change the Zoning Atlas LOCATION: Watson Island Tract H APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2004 by a vote of 6-1. See companion File ID 04-00407, 04-00407a and 04-00407b. PURPOSE: This will change the above portion of Watson Island to PR Parks and Recreation. City ofMiami Page 59 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.25 04-00390 ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, ORDINANCE NO. -- City Commission 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6 SPECIAL DISTRICTS, MORE SPECIFICALLY SECTIONS 614,623 AND 625 IN ORDER TO MODIFY LANGUAGE PERTAINING TO PARKING REQUIREMENTS IN ORDER TO ALLOW FOR CERTAIN CONDITIONAL REDUCTIONS; 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 March 31, 2004 by a vote of 8-0. PURPOSE: This will allow certain conditional reductions in parking for the SD -14, SD -23 and SD -25 Overlay Districts. City ofMiami Page 60 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.26 04-00462 ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING -- City Commission ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 9 AND 25, MORE SPECIFICALLY SECTION 915.2 AVIATION HAZARDS; AND SECTION 2502 SPECIFIC DEFINITIONS, IN ORDER TO MODIFY THE PROVISIONS FOR SPECIAL PERMITS FOR AVIATION HAZARDS AND THE DEFINITION OF "LODGING UNIT"; 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 April 21, 2004 by a vote of 9-0. PURPOSE: This will correct and clarify language in the Zoning Ordinance related to aviation hazards and lodging units. City ofMiami Page 61 Printed on 3/11/2008 City Commission Meeting Agenda May 27, 2004 PZ.27 04-00463 ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING -- City Commission ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 BY AMENDING THE COASTAL MANAGEMENT, NATURAL RESOURCES AND CAPITAL IMPROVEMENT PROGRAM ELEMENTS OF THE MIAMI NEIGHBORHOOD COMPREHENSIVE PLAN IN ACCORDANCE WITH 1995 EVALUATION AND APPRAISAL REPORT RECOMMENDATIONS, AND FOR SUBMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AS CITY OF MIAMI COMPREHENSIVE PLAN AMENDMENT NO. 04-2; CONTAINING A REPEALER PROVISION AND 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 April 21, 2004 by a vote of 7-0. PURPOSE: This will approve an Evaluation and Appraisal Report (EAR) -based amendment to the Miami Comprehensive Neighborhood Plan. City ofMiami Page 62 Printed on 3/11/2008