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HomeMy WebLinkAboutCC 2004-06-24 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, June 24, 2004 9:00 AM PLANNING AND 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 June 24, 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 June 24, 2004 CONTENTS Items may be heard in the numbered sequence or as announced by the Commission PR - PRESENTATIONS AND PROCLAMATIONS PAGES 3 - 4 MV - MAYORAL VETOES PAGE 4 AM - APPROVING MINUTES PAGES 4 - 5 CA - CONSENT AGENDA PAGES 4 - 23 PA - PERSONAL APPEARANCES PAGE 24 TIME CERTAIN 4:00 P.M. - PA.1 - Personal Appearance by Mr. Jumel Calixte M - MAYOR'S ITEMS PAGE 25 D1 - DISTRICT 1 ITEMS PAGE 25 D2 - DISTRICT 2 ITEMS PAGE 25 D3 - DISTRICT 3 ITEMS PAGE 25 D4 - DISTRICT 4 ITEMS PAGES 25 - 31 TIME CERTAIN 6:31 P.M. - D4.2 - Update on Permits for Buildings at S.W. 27th Ave Corridor D5 - DISTRICT 5 ITEMS PAGES 31 - 37 PH - PUBLIC HEARINGS PAGES 38 - 42 EM - EMERGENCY ORDINANCES PAGES 43 - 45 SR - SECOND READING ORDINANCES PAGE 45 FR - FIRST READING ORDINANCES PAGES 45 - 49 RE - RESOLUTIONS PAGES 50 - 62 BC - BOARDS AND COMMITTEES PAGES 63 - 68 DI - DISCUSSION ITEMS PAGES 69 - 101 TIME CERTAIN 10:00 A.M. - DI.4 - Status Report on Civilian Investigative Issues ES- EXECUTIVE SESSION PAGES 102 - 104 City ofMiami Page 3 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 TIME CERTAIN 2:15 P.M. - ES.1 - AFSCME Local 1907/Cox vs. City of Miami PART B PZ - PLANNING AND ZONING ITEMS PAGES 105 - 339 The Planning and Zoning items shall not be considered before 2:30 pm. TIME CERTAIN 5:00 PM - PZ.26 - Land Use Change - 1818 & 1884 NW N Riv Dr 5:00 PM - PZ.27 - Zoning Change - 1818 & 1884 NW N Riv Dr 5:00 PM - PZ.28 - Major Use Special Permit - Hurricane Cove After 5:00 PM - PZ.29 - Major Use Special Permit - Villa Magna 6:30 PM - PZ.30 - 120-Day Temp Moratorium - SW 27 Av, Coral Wy to US-1 6:30 PM - PZ.31 - New SD-24 SW 27 Avenue Special Overlay District 6:30 PM - PZ.32 - Zoning Change - Certain Properties - SW 27 Av, Coral Wy to US-1 City ofMiami Page 4 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS AND PROCLAMATIONS PR.1 04-00684 CEREMONIAL ITEM Name of Honoree Goodwill Ambassadors Karen Coplin Cooper Homer Whittaker Presenter Commissioner Regalado Commissioner Regalado Commissioner Regalado Protocol Item Certificates Salute Salute MAYORAL VETOES (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planning and Zoning Meeting of May 27, 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.24 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.24 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 04-00600 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBMERGED LAND LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, FOR A TERM OF TEN (10) YEARS, FOR THE CITY'S USE OF SUBMERGED LANDS OWNED BY THE STATE OF FLORIDA ADJACENT TO CITY UPLAND PROPERTY, LOCATED AT 601 NORTHWEST 7TH STREET, MIAMI, FLORIDA, A/K/A SPRING GARDEN POINT PARK ("PARK"), WITH SAID LEASE TO REFLECT NO RENT AS LONG AS THE DOCK SLIPS ARE USED FOR TEMPORARY DOCKAGE PURPOSES. CA.2 04-00602 RESOLUTION City ofMiami Page 5 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), AUTHORIZING THE CITY MANAGER'S ENGAGEMENT Recreation OF PBS & J, SELECTED FROM THE LIST OF PRE -APPROVED SURVEYING AND MAPPING FIRMS, APPROVED BY RESOLUTION NO. 02-144, ADOPTED FEBRUARY 14, 2002, FOR PROFESSIONAL SERVICES RELATED TO THE REPLAT OF LANDS AT GIBSON PARK FOR THE PROJECT ENTITLED "GIBSON PARK REPLAT," IN DISTRICT 5, IN AN AMOUNT NOT TO EXCEED $57,500, BASED ON: (1) THE SCOPE OF SERVICES AND SCHEDULES REQUIRED FOR SAID PROJECT AND (2) THE TERMS AND CONDITIONS SET FORTH IN THE WORK ORDER AUTHORIZATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSES; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $57,500, FOR SAID SERVICES AND EXPENSES INCURRED BY THE CITY OF MIAMI FROM CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 331419. CA.3 04-00603 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Police OF ROBBIE'S FEED & SUPPLY, FOR THE PROVISION OF DOG FOOD FOR THE DEPARTMENT OF POLICE CANINE, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL CONTRACT AMOUNT NOT TO EXCEED $14,940, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $59,760; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.710. CA.4 04-00606 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF NES TRAFFIC SAFETY, FOR THE PROVISION OF BARRICADE RENTAL SERVICES, FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL TWO-YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT ANNUAL AMOUNT NOT TO EXCEED $15,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $60,000; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.610. CA.5 04-00607 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING BIDS FROM GLEN'S TENT AND TABLE RENTAL SERVICE (PRIMARY VENDOR) AND NAVAS PARTY PRODUCTIONS (SECONDARY VENDOR), FOR THE PROVISION OF TENTS, TABLES, LINENS AND CHAIR RENTALS, 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, IN THE PROPOSED AMOUNT NOT TO EXCEED $65,000, FOR THE BALANCE OF THE CURRENT FISCAL YEAR (2003-2004); ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $65,000, FROM THE CURRENT FISCAL City ofMiami Page 6 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 YEAR FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNTS, SPECIAL REVENUE FUNDS, AND/OR 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. City ofMiami Page 7 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 CA.6 04-00608 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE Fire Rescue BID OF PALM PETERBILT-GMC TRUCKS, INC., FOR THE ACQUISITION OF TWO (2) ROAD TRACTORS, EACH WITH A FIVE-YEAR BUMPER -TO -BUMPER PREVENTIVE MAINTENANCE SERVICES, FOR THE DEPARTMENT OF FIRE- RESCUE, AT A TOTAL AMOUNT NOT TO EXCEED $206,396; ALLOCATING FUNDS FROM THE "FEMA/USAR GRANT AWARD PROJECT NO. 110120," ACCOUNT CODE NO. 280104.6.840. CA.7 04-00609 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE PURCHASE OF CISCO LAN MANAGEMENT SOLUTION ("LMS") SOFTWARE, AS LISTED ON THE ATTACHMENTS, FOR THE DEPARTMENT OF POLICE, FROM COLEMAN TECHNOLOGY, AWARDED UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 250-000-03-1, EFFECTIVE UNTIL JULY 31, 2005, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, AT AN AMOUNT NOT TO EXCEED $21,965; FURTHER AUTHORIZING THE PURCHASE OF CONSULTING SERVICES FOR THE INSTALLATION, CONFIGURATION AND INTEGRATION OF THE CISCO LMS SOFTWARE, AS LISTED ON THE ATTACHMENTS, FOR THE DEPARTMENT OF POLICE, FROM UNISYS CORPORATION, AWARDED UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 973-561-04-2, EFFECTIVE UNTIL MARCH 31,2006, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, AT AN AMOUNT NOT TO EXCEED $34,878, FOR A TOTAL AMOUNT NOT TO EXCEED $56,843; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $56,843, FOR SAID PURCHASES, FROM THE LAW ENFORCEMENT TRUST FUND, ACCOUNT CODE NO. 690003.291278.6.840, IN THE AMOUNT NOT TO EXCEED $21,965 AND 690003.291278.6.340, IN THE AMOUNT NOT TO EXCEED $34,878, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF THE TREASURY'S, "GUIDE TO EQUITABLE SHARING." CA.8 04-00610 RESOLUTION City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY CLIFFORD ELAM, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $31,000 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 CLIFFORD ELAM V. CITY OF MIAMI AND STEVEN WATHAN, IN THE UNITED STATES DISTRICT COURT, CASE NO. 03-20223-CIV-UNGARO-BENAGES, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. City ofMiami Page 8 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 CA.9 04-00611 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND Recreation ENTITLED: "SCHOOL BOARD OF MIAMI-DADE COUNTY 2004 SUMMER READING PROGRAM" AND APPROPRIATING FUNDS IN THE AMOUNT OF $301,875, PROVIDED TO THE CITY OF MIAMI ("CITY") BY THE SCHOOL BOARD OF MIAMI-DADE COUNTY, TO FUND A SPECIAL SUMMER ENHANCEMENT READING ACTIVITIES PROGRAM DESIGNED TO AUGMENT THE READING SKILLS OF SCHOOL STUDENTS ATTENDING SUMMER CAMP IN CITY PARKS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID FUNDS AND TO EXECUTE THE AGREEMENT FORM FOR CONTRACTED SERVICES, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. CA.10 04-00612 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A Fire Rescue NEW SPECIAL REVENUE FUND ENTITLED: "MIAMI FIRE EXPLORERS JUVENILE FIRE SETTER PROGRAM," AND APPROPRIATING FUNDS IN THE AMOUNT NOT TO EXCEED $1,000, PROVIDED BY A DONATION FROM FIREFIGHTERS CHARITABLE FOUNDATION ("FCF"), A NOT -FOR -PROFIT ORGANIZATION, TO BE USED EXCLUSIVELY TO COVER COSTS ASSOCIATED WITH THE CITY OF MIAMI ("CITY") FIRE EXPLORERS JUVENILE FIRE SETTER PREVENTION AND INTERVENTION PROGRAM TOWARDS SUPPLIES, VISUAL AIDS AND TRANSPORTATION SERVICES; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID DONATION AND EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. CA.11 04-00613 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THAT THE ACQUISITION OF THE FEE -SIMPLE INTEREST IN PARCELS 67, 75, 76, 77 AND 92 THROUGH NEGOTIATED CONVEYANCE OR CONDEMNATION SERVES A PUBLIC PURPOSE AND IS NECESSARY FOR THE CONSTRUCTION OF THE CULTURAL AND RECREATIONAL COMPONENT OF THE LITTLE HAITI PARK PROJECT; DIRECTING THE CITY ATTORNEY TO USE ALL RESOURCES AVAILABLE IN THE OFFICE OF THE CITY ATTORNEY INCLUDING THE RETENTION OF SPECIAL COUNSEL, EXPERT WITNESSES AND CONSULTANTS; AND TO TAKE FURTHER ACTIONS THAT ARE REASONABLY NECESSARY TO ACQUIRE SAID PARCELS THROUGH CONDEMNATION; AUTHORIZING THE RETENTION OF SPECIAL COUNSEL, TO RENDER LEGAL SERVICES RELATED TO SAID PROPERTY ACQUISITION IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000.00) PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNT CODE NO. 331412.819307.6.270. City ofMiami Page 9 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 CA.12 04-00614 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN COMPENSATION FOR THE PROFESSIONAL SERVICES OF METRIC ENGINEERING, INC., PREVIOUSLY APPROVED BY RESOLUTION NO. 03-1192, ADOPTED NOVEMBER 25, 2003, FOR THE PROJECT ENTITLED "N.E. 71 STREET STORM SEWERS PROJECT, B-50690," FOR PROFESSIONAL ENGINEERING FEES, IN AN AMOUNT NOT TO EXCEED $20,250, INCREASING COMPENSATION FROM $75,000 TO $95,250, BASED ON THE MODIFIED SCOPE OF SERVICES REQUIRED FOR SAID PROJECT; ALLOCATING FUNDS FOR SAID INCREASE, IN A TOTAL AMOUNT NOT TO EXCEED $20,250, FOR SERVICES AND EXPENSES INCURRED BY THE CITY OF MIAMI, FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 352216 ENTITLED "CITYWIDE LOCAL DRAINAGE PROJECTS FISCAL YEAR 2002-2006;" AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL WORK ORDER, IN SUBSTANTIALLY THE ATTACHED FORM; AMENDING RESOLUTION NO. 03-1192 TO REFLECT SAID INCREASE. CA.13 04-00616 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police FUNDING OF THE POLICE ATHLETIC LEAGUE ("PAL") PROGRAM, TO ASSIST WITH EXPENSES RELATED TO THE OPERATION OF THE PROGRAM, IN AN AMOUNT NOT TO EXCEED $559,495.84; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED. CA.14 04-00622 RESOLUTION Civilian A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Investigative Panel ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE EXECUTIVE DIRECTOR OF THE CIVILIAN INVESTIGATIVE PANEL ("CIP") APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR LETTERS OF INTEREST NO. 03-04-097, THAT THE MOST QUALIFIED FIRMS TO PROVIDE PRIVATE INVESTIGATION SERVICES FOR THE CIP, ON AN AS -NEEDED BASIS ARE: (1) GELLER INVESTIGATIONS, INC., (2) UPTOWN INVESTIGATIVE AGENCY, INC., (3) HORIZON INVESTIGATIONS, INC., AND (4) PEDRO FERNANDEZ-RUIZ C/O A INVESTIGATION AGENCY, INC.; AUTHORIZING THE CIP'S EXECUTIVE DIRECTOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH EACH TOP -RANKED FIRM, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR THREE ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS, IN AN AGGREGATE ANNUAL AMOUNT FOR ALL CONTRACTS NOT TO EXCEED $142,000, FROM ACCOUNT CODE NO. 001000.830201.6.340. CA.15 04-00628 RESOLUTION City ofMiami Page 10 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A Parks and NEW SPECIAL REVENUE FUND ENTITLED: "PROGRAMS FOR THE Recreation DEVELOPMENTALLY DISABLED, 2004 -2005" AND APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT OF $243,744, CONSISTING OF A GRANT IN AN AMOUNT OF $9,720, FROM THE STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES AND A SECOND GRANT IN THE AMOUNT OF $234,024, FROM THE STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, MEDICAID PROGRAM DEVELOPMENT TO FUND PROGRAMS FOR THE DEVEL OPMENTALLY DISABLED, WHICH ARE ADMINISTERED BY THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THROUGH ITS PROGRAMS FOR PERSONS WITH DISABILITIES DURING THE PERIOD OF JULY 1, 2004 THROUGH JUNE 30, 2005; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANTS AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANTS. CA.16 04-00629 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING BIDS OF HPI INTERNATIONAL, INC. FOR GROUP 1 AND DIXIE SALES COMPANY USA, INC., FOR GROUP 2, FOR THE PURCHASE OF PHOTOGRAPHIC SUPPLIES, FOR THE DEPARTMENT OF PURCHASING, TO BE USED CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS, PURSUANT TO SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE BID NO. H-45-04, EFFECTIVE THROUGH MAY 28, 2005, SUBJECT TO ANY FURTHER EXTENSION OR REPLACEMENT CONTRACTS, WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE-YEAR, FOR AN ANNUAL AMOUNT NOT TO EXCEED $90,000; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $90,000, FROM THE GENERAL OPERATING BUDGETS OF THE VARIOUS OPERATING DEPARTMENTS AND AGENCIES; AUTHORIZING SAID PURCHASES, AS NEEDED, SUBJECT TO AVAILABILITY OF FUNDS, 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.17 04-00631 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY THE SUM OF $60,000 TO PLAINTIFFS' ATTORNEY, RONALD COHEN, ESQUIRE, FOR ATTORNEY'S FEES AND COSTS IN SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI FOR THE CASE OF AFSCME, LOCAL 1907, CHARLES COX V. CITY OF MIAMI, IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 99-00620 CA (30); ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6. 661. CA.18 04-00633 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN COMPENSATION FOR THE PROFESSIONAL SERVICES OF PROFESSIONAL GENERAL City ofMiami Page 11 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 CONTRACTORS, INC., PREVIOUSLY APPROVED BY RESOLUTION NO. 03-552, ADOPTED MAY 22, 2003, FOR THE PROJECT ENTITLED "LEMON CITY DAYCARE CENTER PROJECT (FOURTH BIDDING), B-6272A," FOR ADDITIONAL WORK REQUIRED TO COMPLETE THE PROJECT, IN AN AMOUNT NOT TO EXCEED $25,000, INCREASING COMPENSATION FROM $542,000 TO $567,000, BASED ON THE MODIFIED SCOPE OF SERVICES REQUIRED FOR SAID PROJECT; ALLOCATING FUNDS FOR SAID INCREASE, IN A TOTAL AMOUNT NOT TO EXCEED $25,000, FOR SERVICES AND EXPENSES INCURRED BY THE CITY OF MIAMI, FROM PARKS FACILITIES GENERAL IMPROVEMENTS ACCOUNT PROJECT NO. 331369; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM FOR SAID PURPOSE; AMENDING RESOLUTION NO. 03-552 TO REFLECT SAID INCREASE. CA.19 04-00601 DISCUSSION ITEM Civil Service Board ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. CA.20 04-00642 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF HORIZON CONTRACTORS, INC., FOR THE PROJECT ENTITLED "GRAND AVENUE IMPROVEMENTS B-40680 (FORMERLY B-4668), 2ND BIDDING, MIAMI-DADE COUNTY PROJECT #651022" IN THE AMOUNT NOT TO EXCEED $3,952,531; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 341208, IN THE AMOUNT NOT TO EXCEED $3,952,531, FOR CONTRACT COSTS, PLUS $615,989, FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN THE AMOUNT NOT TO EXCEED $4,568,520, AS SET FORTH IN THE TABULATION OF BIDS DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. City ofMiami Page 12 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 CA.21 04-00652 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF KRONOS WORKFORCE CENTRAL LICENSES, HARDWARE, TRAINING, SUPPORT SERVICES AND IMPLEMENTATION SERVICES FROM KRONOS, INC, ON AN AS -NEEDED CONTRACT BASIS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 252-023-00-01, EFFECTIVE THROUGH APRIL 30, 2005, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, AT A FIRST YEAR AMOUNT NOT TO EXCEED $378,000, INCLUDING SOFTWARE UPGRADE AND ONE (1) YEAR MAINTENANCE AT AN ANNUAL COST NOT TO EXCEED $70,000; AUTHORIZING THE OPTION TO EXTEND YEARLY MAINTENANCE FOR FOUR ADDITIONAL ONE-YEAR PERIODS AT A COST NOT TO EXCEED 3% OF THE COST FOR MAINTENANCE PER YEAR; ALLOCATING FUNDS FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT VIII, ACCOUNT CODE 142023, IN THE AMOUNT NOT TO EXCEED $378,000, FOR THE INITIAL PURCHASE; ALLOCATING FUNDS FOR OTHER PURCHASES FROM FUTURE FUNDS FROM VARIOUS CAPITAL IMPROVEMENTS PROJECT ACCOUNTS, THE OPERATING BUDGETS OF VARIOUS DEPARTMENTS, INFORMATION TECHNOLOGY DEPARTMENT'S OPERATING BUDGET, AND INFORMATION TECHNOLOGY STRATEGIC FUNDING, 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.22 04-00661 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney CONTINUED ENGAGEMENT OF THE LAW FIRM OF HOGAN & HARTSON, L.L.P. FOR LEGAL SERVICES PROVIDED TO THE CITY OF MIAMI IN CONNECTION WITH ILLEGALLY PLACED BILLBOARDS AND THE CASE OF NATIONAL ADVERTISING CO. VS. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT, CASE NO. 01-3039 CIV-KING, AND ALL RELATED BILLBOARD CASES, IN AN AMOUNT NOT TO EXCEED $140,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. City ofMiami Page 13 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 CA.23 04-00669 City Attorney CA.24 04-00676 Department of Conferences, Conventions and Public Facilities RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ENGAGEMENT OF THE LAW OFFICES OF RONALD J. COHEN, P.A., ON BEHALF OF THE CITY OF MIAMI FOR REPRESENTATION OF OFFICER ACQUILES CARMONA IN CONNECTION WITH THE CASE OF RUBEN ORTIZ VS. CITY OF MIAMI, ET AL., IN THE UNITED STATES DISTRICT COURT, CASE NO. 00-3533 CIV-GOLD, IN AN AMOUNT NOT TO EXCEED $40,000, PLUS COSTS, AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. 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 SOCCER MARKETING AND PROMOTIONS, INC., RELATING TO A SOCCER MATCH BETWEEN THE NATIONAL TEAMS OF COLOMBIA AND ARGENTINA AT THE ORANGE BOWL STADIUM ON JUNE 27, 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) PAYING FOR ALL NECESSARY COSTS OF CITY OF MIAMI ("CITY") SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT, (2) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE, (3) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE AND (4) OBTAINING ALL PERMITS REQUIRED BY LAW. END OF CONSENT AGENDA City ofMiami Page 14 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PERSONAL APPEARANCE Note: Legislation may result from City Commission consideration of any personal appearance. 4:00 P.M. PA.1 04-00658 DISCUSSION ITEM MR. JUMEL CALIXTE TO ADDRESS THE COMMISSION CONCERNING PLACE KAMOKEN "LITTLE HAITI FREEDOM GARDEN", CARIBBEAN MARKET AND INFRASTRUCTURE IN LITTLE HAITI. City ofMiami Page 15 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ City ofMiami Page 16 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 DISTRICT 1 COMMISSIONER ANGEL GONZALEZ City ofMiami Page 17 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 DISTRICT 2 COMMISSIONER JOHNNY L. WINTON City ofMiami Page 18 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ City ofMiami Page 19 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 D4.1 04-00555 District 4- Commissioner Tomas Regalado D4.2 04-00688 District 4- Commissioner Tomas Regalado D4.3 04-00689 D4.4 04-00690 6:31 P.M. D4.5 04-00640 DISTRICT 4 COMMISSIONER TOMAS REGALADO DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION REGARDING THE QUALITY OF CAPITAL IMPROVEMENT PROJECTS AND THE ECONOMIC IMPACT OF ADMINISTRATIVE ERRORS. DATE: ACTION: DATE: ACTION: MAY 27, 2004 DEFERRED JUNE 10, 2004 DEFERRED DISCUSSION ITEM DISCUSSION CONCERNING ALLOCATING DISTRICT 4 ROLLOVER FUNDS FOR THE 2506 BRIGADE MUSEUM & LIBRARY LOCATED AT SW 19TH AVENUE. DISCUSSION ITEM DISCUSSION CONCERNING CONFLICTING OPINIONS REGARDING ZONING MATTERS RELATED TO BUILDINGS ABUTTING RESIDENTIAL AREAS. DISCUSSION ITEM DISCUSSION CONCERNING WAIVING PARK RENTAL FEES FOR THE ANNUAL CELEBRATION OF SANTA ISABEL DE LAS LOJAS MUNICIPALITY. DISCUSSION ITEM AN UPDATE FROM THE ADMINISTRATION REGARDING PERMITS BEING APPROVED FOR BUILDINGS LOCATED ON THE S.W. 27TH AVENUE CORRIDOR. DATE: ACTION: JUNE 10, 2004 DEFERRED City ofMiami Page 20 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 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) DATE: MAY 27, 2004 ACTION: DEFERRED D5.2 04-00582 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING A COVENANT TO BUDGET AND APPROPRIATE, IN AN AMOUNT NOT TO EXCEED $7,500,000, AS A GUARANTEE FOR THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"); AUTHORIZING THE CITY MANAGER TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE COVENANT AND ANY OTHER NECESSARY DOCUMENTS IN SUPPORT OF A LOAN FROM THE FLORIDA MUNICIPAL LOAN COUNCIL'S POOLED FINANCING PROGRAM TO THE CRA FOR CONSTRUCTION OF CAPITAL PROJECTS WITHIN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA, CONTINGENT UPON THE CRA AGREEING THAT THE LOAN PROCEEDS MAY NOT BE USED OR APPROPRIATED WITHOUT FURTHER APPROVAL OF THE MIAMI CITY COMMISSION. DATE: MAY 27, 2004 ACTION: DEFERRED D5.3 04-00657 RESOLUTION District 5- Vice A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY Chair Michelle MANAGER TO INSTRUCT STAFF IN THE FOLLOWING DEPARTMENTS: Spence -Jones DEPARTMENT OF CAPITAL IMPROVEMENTS, CODE ENFORCEMENT, NEIGHBORHOOD ENHANCEMENT TEAM, PLANNING AND ZONING, PUBLIC WORKS AND TRANSPORTATION, TO COORDINATE AND CONDUCT A COMMUNITY WORKSHOP WITH THE OAKLAND GROVE NEIGHBORHOOD ASSOCIATION AND CITIZENS TO HEAR AND DISCUSS CONCERNS REGARDING MULTI -FAMILY UNITS, PARKING, STREET INFRASTRUCTURE CONDITIONS, CUT THROUGH TRAFFIC, STREET CLOSURES, AND OTHER CONCERNS EXPRESSED TO THE OFFICE OF COMMISSIONER ARTHUR E. TEELE, JR. D5.4 04-00683 District 5- Vice Chair Michelle Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMMEDIATELY INITIATE ALL ACTIONS AND PROCEDURES NECESSARY TO REZONE, FROM R-2 TWO-FAMILY RESIDENTIAL, TO R-1 SINGLE-FAMILY RESIDENTIAL, ALL R-2 ZONED LOTS LOCATED WITHIN THE AREA BOUNDED BY NORTHWEST 19TH AVENUE ON THE WEST, NORTHWEST 56TH STREET ON THE NORTH, NORTHWEST 17TH AVENUE ON THE City ofMiami Page 21 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 EAST, AND NORTHWEST 39TH STREET ON THE SOUTH. City ofMiami Page 22 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PUBLIC HEARING PH.1 04-00615 RESOLUTION Department of A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH Public Works ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE USE OF THE SCAVENGER 2000 DEPOLLUTION BOAT, FOR THE DEPARTMENT OF PUBLIC WORKS, FOR SURFACE CLEANING THE CITY OF MIAMI'S ("CITY") WATERFRONT UTILIZING A UNIQUE PROPRIETARY PROCESS, FROM WATER MANAGEMENT TECHNOLOGIES, THE SOLE SOURCE PROVIDER, FOR A ONE-YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, FOR AN ANNUAL AMOUNT NOT TO EXCEED $200,000; ALLOCATING FUNDS FROM THE PUBLIC WORKS OPERATING BUDGET ACCOUNT NO. 001000.311003.6.270; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. PH.2 04-00620 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "TOWER TWENTY-SEVEN," A SUBDIVISION IN THE CITY OF MIAMI ("CITY") OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PH.3 04-00621 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "COCO BREEZE," A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. City ofMiami Page 23 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PH.4 04-00635 RESOLUTION Civilian A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Investigative Panel ATTACHMENT(S), EXPANDING THE BOUNDARIES OF THE CITY OF MIAMI'S BROWNFIELD AREAS TO INCLUDE THE PROPERTY LOCATED AT 1960 - 1970 NORTHWEST 27TH AVENUE, MIAMI, FLORIDA ("PROPERTY"), AS ILLUSTRATED AND DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, IN ACCORDANCE WITH THE REQUEST OF AGUACLARA, LTD. ("AGUACLARA"), THE CONTRACT PURCHASER OF THE PROPERTY, AND IN ACCORDANCE WITH STATUTORY REQUIREMENTS; RESERVING TO THE CITY COMMISSION THE RIGHT TO WITHDRAW SAID PROPERTY'S DESIGNATION AS A BROWNFIELD AREA IN THE EVENT THAT AGUACLARA DOES NOT PURCHASE SAID PROPERTY; AUTHORIZING THE CITY MANAGER TO PROVIDE ALL REQUIRED NOTICES IN CONNECTION WITH SAID DESIGNATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST SOURCE HIRING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM AS "EXHIBIT B," WITH AGUACLARA, LTD. City ofMiami Page 24 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 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) EM.1 04-00434 ORDINANCE EMERGENCY ORDINANCE City Attorney (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CODE ENFORCEMENT;" MORE PARTICULARLY, BY AMENDING SECTIONS 2-811, 2-812, 2-814 THROUGH 2-819, 2-821, 2-823 THROUGH 2-826, 2-828 THROUGH 2-829; REPEALING SECTION 2-822; ADOPTING, RATIFYING, AND REAFFIRMING THE CITY COMMISSION'S AUTHORIZATION OF THE USE OF SPECIAL MASTERS IN LIEU OF THE CODE ENFORCEMENT BOARD; ADDING NEW SECTION 2-830; PROVIDING FOR THE AFFIRMANCE AND ADOPTION OF AN ALTERNATE CODE ENFORCEMENT SYSTEM THAT GIVES SPECIAL MASTERS THE SAME AUTHORITY AS THE CODE ENFORCEMENT BOARD TO HOLD HEARINGS AND IMPOSE FINES, COSTS, LIENS, AND OTHER NON -CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY CODES AND ORDINANCES OF SAID CODE; PROVIDING FOR THE QUALIFICATIONS, APPOINTMENT, POWERS, COMPENSATION, AND RETENTION OF SPECIAL MASTERS; CLARIFYING THE ROLE OF THE CITY ATTORNEY WITH RESPECT TO SPECIAL MASTERS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR A RETROACTIVE EFFECTIVE DATE OF APRIL 11, 2002; PROVIDING FOR INCLUSION IN THE CITY CODE. EM.2 04-00632 ORDINANCE EMERGENCY ORDINANCE AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), IN THE AMOUNT OF$85,000, FOR DRAINAGE IMPROVEMENTS ALONG SOUTHWEST 64th COURT, FROM SOUTHWEST 8TH STREET TO SOUTHWEST 6TH STREET, IN THE FLAGAMI AREA, MIAMI, FLORIDA; AMENDING ORDINANCE NO. 12451, ADOPTED NOVEMBER 25, 2003, AS AMENDED, THE CAPITAL PROJECTS APPROPRIATIONS ORDINANCE, TO APPROPRIATE SAID GRANT FUNDS TO CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 341330, ENTITLED "CITYWIDE TRANSPORTATION & TRANSIT;" AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; APPROPRIATING UNALLOCATED HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND FUNDS IN THE AMOUNT NOT TO EXCEED $202,000, TO CIP NO. 331416, ENTITLED "VIRGINIA KEY PARK IMPROVEMENTS" AND COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT NOT TO EXCEED $1,335,500, ALLOCATED FOR CAPITAL IMPROVEMENTS City ofMiami Page 25 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PURSUANT TO RESOLUTIONS NO. 03-711, ADOPTED JUNE 24, 2003, NO. 03-991, ADOPTED SEPTEMBER 11, 2003, NO. 04-0275, ADOPTED APRIL 22, 2004, AND A MOTION RESULTING FROM DISCUSSION ITEM NO. 03-0371 ON JANUARY 8, 2004; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ..Body WHEREAS, the Florida Department of Transportation ("FDOT") has approved the obligation of funds in the amount of $85,000, to partially fund the project located along Southwest 64th Court in the Flagami area, Miami, Florida, to provide drainage improvements and alleviate a major flooding problem in the Flagami and West End areas of the City of Miami ("City"); and WHEREAS, said funds, in the amount of $85,000, are to be appropriated into Capital Improvements Project ("CIP") No. 341330, entitled: "Citywide Transportation & Transit:" and WHEREAS, it will be necessary for the City Manager to execute an agreement on behalf of the City for this purpose; and WHEREAS, it is necessary to appropriate unallocated Homeland Defense/Neighborhood Improvement Bond funds in the amount of $202,000, into CIP No. 331416 entitled "Virginia Key Park Improvements;" and WHEREAS, it is necessary to appropriate Community Development Block Grant Program funds, in the amount of $1,335,500, allocated for capital improvements pursuant to Resolutions No. 03-711, 03-991 and 04-0275, and a motion resulting from Discussion Item, File No. 03-0371 on January 8, 2004, into the respective capital projects; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if set forth in this Section. Section 2. FDOT grant funds, in the amount of $85,000, for the drainage improvements along Southwest 64th Court from Southwest 8th Street to Southwest 6th Street, in the Flagami area, Miami, Florida, are accepted. Section 3. Ordinance No. 12451, adopted November 25, 2003, the Capital Projects Appropriations Ordinance, is amended in the following particulars:{2} "Ordinance No. 12451 Section 1. The herein appropriations are made for implementation of City ofMiami Page 26 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 all municipal capital improvements of the City of Miami, including new capital improvement projects scheduled to begin during Fiscal Year 2004. The herein appropriations which are designated by reference to descriptive project title and number also include appropriations for previously approved scheduled projects as well as reappropriations of prior funds. The sources of revenues to support the herein appropriations are identified by fund and project in ten Capital Funds, as follows: Appropriations V. Fund 325 Public Facilities Sub -fund Auditoriums 3 322062 Manuel Artime Center Interior Improvements Funding Sources a. Contribution from Fiscal Year 2001 General Fund (Strategic Investments) $206,600 b. Contribution from Special Revenue Fund (Public Facilities Fund 119003) 118,195 c. Community Development Block Grant 131,000 Total $324,795 $455,795 VI. Fund 331 Parks & Recreation 36 331416 Virginia Key Park Improvements Funding Sources a. Homeland Defense/Neighborhood Improvement Bonds 1,000,000 $1,202,000 b. Assessment Lien Revenue 111,000 Total $1,313,000 VII. Fund 341 Streets & Sidewalks $1,111,000 10.341183 Citywide Street Improvements Fiscal Year 2001-2005 Funding Sources a. Contribution from Special Revenue Fund City ofMiami Page 27 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 (Municipal Fuel Tax Project 693001) $ 303,600 b. Local Option Gas Tax 5,002,900 c. Community Development Block Grant 2,299,345 _ 3,503,845 d. Assessment Lien Revenue 475,800 Total $ 8,081,645 9,286,145 33. 341330 Citywide Transportation & Transit Funding Sources a. Local Option Gas Tax 7,700,000 b. Impact Fee 1,818,946 c. Transit Half Cent Surtax (Cont. from Special Revenue Fund Proj. 122001) 11,215,093 d. Florida Department of Transportation Grant 85.000 Total 20,819,039 * * * * * *11 $ 20,734,039 1 Section 4. The City Manager is authorized{1} to execute an Agreement, in substantially the attached form, for said purpose Section 5. All ordinances or parts of ordinances, insofar as they are inconsistent or in conflict with the provisions of this Ordinance, are repealed. Section 6. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. This Ordinance is declared to be 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. Section 8. The requirements of reading this ordinance on two separate days is dispensed with by an affirmative vote of not less than four-fifths(4/5ths) of the members of the Commission. City ofMiami Page 28 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 Section 9. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{3} City ofMiami Page 29 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 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 04-00497 ORDINANCE SECOND READING 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. DATE: MAY 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER REGALADO VOTE: AYES: 4 - COMMISSIONER WINTON, SANCHEZ, REGALADO AND TEELE ABSENT: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING City ofMiami Page 30 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 ORDINANCES - FIRST READING Note: Any proposed ordinance listed as an item for first reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. FR.1 04-00466 ORDINANCE FIRST READING Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING Attorney SECTIONS 35-341 TO 35-347, IN ITS ENTIRETY OF ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CODE") ENTITLED: PARKING FACILITIES SURCHARGE, AND REPLACING IT WITH NEW SECTIONS 35-341 TO 35-347, AMENDING THE CODE PROVIDING FOR THE IMPOSITION AND COLLECTION OF A PARKING FACILITIES SURCHARGE AT THE RATE OF FIFTEEN PERCENT (15%) OF THE AMOUNT CHARGED FOR THE SALE, LEASE, OR RENTAL OF SPACE AT PARKING FACILITIES WITHIN THE CITY OF MIAMI; PROVIDING DEFINITIONS; SETTING FORTH PROCEDURES FOR COLLECTION AND PROVIDING PENALTIES FOR NONCOMPLIANCE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND FOR INCLUSION IN THE CITY CODE. FR.2 07-00136 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") ENTITLED: "ADMINISTRATION//BOARDS, COMMITTEES, COMMISSIONS," CHAPTER 35/ARTICLE V, ENTITLED: "MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE PARKING IMPROVEMENTS TRUST FUND" AND CHAPTER 54/ARTICLE IX, ENTITLED "STREETS AND SIDEWALKS/COCONUT GROVE SPECIAL EVENTS DISTRICT" TO ABOLISH THE EXISTING COCONUT GROVE PARKING ADVISORY COMMITTEE AND THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE, AND SUBSTITUTE IN LIEU THEREOF, A NEW DIVISION 17 TO ARTICLE XI OF CHAPTER 2, ENTITLED "COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE" ("BIC"), TO SET FORTH THE PURPOSE, POWERS, APPOINTMENTS, QUALIFICATIONS, APPROVAL OF BUDGET, AND ANNUALLY PROVIDING FOR SUNSET REVIEW, MORE PARTICULARLY BY DELETING SECTIONS 35-223 AND SECTION 54-342, AND SUBSTITUTING IN LIEU THEREOF, A NEW DIVISION 17, NEW SECTIONS 2-1250 THROUGH 2-1255 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 31 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 FR.3 04-00648 ORDINANCE FIRST READING Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Attorney CHAPTER 40/ ARTICLE IV/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/ PENSION AND RETIREMENT PLANS/ CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST TO PROVIDE PROCEDURES FOR THE EQUITABLE TRANSFER OF RETIREMENT PLAN MEMBERSHIPS BY ELIGIBLE EMPLOYEES; MORE PARTICULARLY BY AMENDING SECTION 40-250 OF THE CODE; CONTAINING A REPEALER PROVISION, AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. City ofMiami Page 32 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 RESOLUTIONS RE.1 04-00482 RESOLUTION City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SARMIENTO ADVERTISING GROUP, L.L.C. ("SARMIENTO") FOR EMERGENCY MAINTENANCE, ON A MONTH -TO -MONTH BASIS, OF BUS SHELTERS IN CITY RIGHTS -OF -WAY AS PER THE ATTACHED PROPOSAL, AND PROVIDING THAT IF ANY SHELTER IS USED FOR ADVERTISING, THE CITY SHALL NOT PAY TO MAINTAIN THE SHELTER AND SARMIENTO SHALL PAY THE CITY AT THE RATE LAST PAID BY THE PREVIOUS BUS SHELTER CONTRACTOR; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A BILL OF SALE FOR BUS SHELTERS AND MUTUAL RELEASES, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH CLEAR CHANNEL OUTDOOR, INC. DATE: JUNE 10, 2004 ACTION: DEFERRED RE.2 04-00643 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A QUIT CLAIM DEED FROM SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"), FOR CONVEYANCE TO THE CITY OF MIAMI OF THE CRA'S INTEREST IN THE PROPERTY LOCATED AT 104 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THOSE PORTIONS OF LAND THAT WERE ORIGINALLY DEDICATED TO THE GRAN CENTRAL CORPORATION PURSUANT TO RESOLUTION NO. 88-471, ADOPTED MAY 19, 1988, AND OTHER ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. RE.3 04-00645 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A QUIT CLAIM DEED, AS DESCRIBED IN "EXHIBIT B," ATTACHED AND INCORPORATED, FROM THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA"), FOR THE CONVEYANCE TO THE CITY OF MIAMI OF THE FIRST AVENUE RIGHT-OF-WAY LOCATED WITHIN TRACT "C" OF THE MIAMI ARENA SUBDIVISION, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO JOIN WITH MSEA IN THE EXECUTION OF A QUIT CLAIM DEED, AS DESCRIBED IN "EXHIBIT C," ATTACHED AND INCORPORATED, FOR THOSE PORTIONS OF LAND THAT WERE ORIGINALLY DEDICATED TO THE GRAN CENTRAL City ofMiami Page 33 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 CORPORATION, PURSUANT TO RESOLUTION NO. 88-471, ADOPTED MAY 19, 1988, AND ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City ofMiami Page 34 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 BC.1 03-0233 Office of the City Clerk BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Arthur Teele DATE: DECEMBER 18, 2003 ACTION: DEFERRED DATE: FEBRUARY 12, 2004 ACTION: DEFERRED DATE: APRIL 8, 2004 ACTION: DEFERRED BC.2 03-0234 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN. BC.3 04-00086 Office of the City Clerk APPOINTEE: NOMINATED BY: Chairman Joe Sanchez DATE: DECEMBER 18, 2003 ACTION: DEFERRED DATE: FEBRUARY 12, 2004 ACTION: DEFERRED 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 City ofMiami Page 35 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 BC.4 04-00446 Office of the City Clerk BC.5 04-00539 Office of the City Clerk BC.6 04-00540 Office of the City Clerk DATE: MAY 6, 2004 ACTION: DEFERRED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Tomas Regalado Vice Chairman Joe Sanchez Mayor Manuel Diaz RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LITTLE HAVANA FESTIVAL COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Angel Gonzalez Commissioner Johnny Winton Commissioner Tomas Regalado Vice Chairman Joe Sanchez 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: NOMINATED BY: Theodora Hayes Long Vice Chairman Joe Sanchez City ofMiami Page 36 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 Sam Burstyn Chairman Arthur Teele BC.7 04-00541 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. BC.8 04-00542 Office of the City Clerk APPOINTEE: NOMINATED BY: Robert Valledor Vice Chairman Joe Sanchez Anthony Cantey Chairman Arthur E. Teele, Jr. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Anthony Parrish, Jr. Commissioner Johnny Winton (Business/Finance or Law Category) Gloria Loyola -Black Commissioner Johnny Winton (Citizen Category) City ofMiami Page 37 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 BC.9 04-00543 Office of the City Clerk BC.10 04-00548 Office of the City Clerk BC.11 04-00617 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Michael G. Barket Vice Chairman Joe Sanchez Rodney Noel Chairman Arthur Teele RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Joseph Kaplan, Esq. Miami Association of Fire Fighters RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Arthur Teele City ofMiami Page 38 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 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 04-00594 DISCUSSION ITEM Department of DISCUSSION CONCERNING A STATUS REPORT OF BUS BENCHES, Public Works BUS SHELTERS AND ALL RELATED MATTERS. DATE: JUNE 10, 2004 ACTION: DEFERRED DI.2 04-00651 DISCUSSION ITEM Office of the City DISCUSSION REGARDING POSSIBLE EARLY VOTING SITES FOR THE Clerk AUGUST 31, 2004 PRIMARY AND NOVEMBER 2, 2004 GENERAL ELECTIONS. DI.3 04-00686 DISCUSSION ITEM Office of the City DISCUSSION AND POSSIBLE RESOLUTION REGARDING A Attorney POSSIBLE SETTLEMENT IN THE MATTER OF MARK'S CLASSIC CORPORATION, RICHARD AND SUNNY MANAGAN, ET AL. VS. CITY OF MIAMI [CLEAR CHANNEL] DI.4 04-00687 DISCUSSION ITEM Office of the City DISCUSSION AND CONSIDERATION OF AN AMENDMENT TO THE Attorney GOVERNING BODY OF THE SEOPW/CRA ORDINANCE. 10:00 A.M. DI.5 04-00636 DISCUSSION ITEM Civilian DISCUSSION CONCERNING A STATUS REPORT ON CIVILIAN Investigative Panel INVESTIGATIVE PANEL ISSUES. City ofMiami Page 39 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 EXECUTIVE SESSION 2:15 P.M. ES.1 04-00668 EXECUTIVE SESSION Office of the City UNDER F. S. 286.011(8) [2003], THE PERSON CHAIRING THIS MEETING Attorney OF THE CITY OF MIAMI COMMISSION 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: AFSCME LOCAL 1907/COX VS. CITY OF MIAMI, CASE NO.: 99-00620 (CA 30). THE SESSION WILL BEGIN AT APPROXIMATELY 2:15 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 3:00 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 ASSISTANT CITY ATTORNEYS MARIA J. CHIARO AND MIMI V. TURIN. 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 CHAMBERS, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA. City ofMiami Page 40 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PART B The following items shall not be considered before 2:30 pm. PZ.1 04-00558 RESOLUTION Downtown A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Development ATTACHMENT(S), AMENDING THE DOWNTOWN MIAMI DEVELOPMENT Authority OF REGIONAL IMPACT ("DDRI") MASTER AND INCREMENT II DEVELOPMENT ORDERS (RESOLUTIONS 87-1148 AND 02-1307, ADOPTED DECEMBER 12, 2002, AS AMENDED) TO EXPAND THE BOUNDARIES OF THE DDRI TO BE CONSISTENT WITH THE AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY AND TO ADD EIGHT (8) WET -SLIPS TO THE MARINA LAND USE CATEGORY OF THE DDRI, AND FINDING THAT THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION PURSUANT TO CHAPTER 380, FLORIDA STATUTES, AND ALSO FINDING THAT THESE CHANGES ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO A NOTIFICATION OF PROPOSED CHANGE ("NOPC") TO A PREVIOUSLY APPROVED DRI PROPOSED BY THE DOWNTOWN DEVELOPMENT AUTHORITY, APPROVING SAID NOPC AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND CITY OF MIAMI PLANNING ADVISORY BOARD, BOTH INCORPORATED HEREIN BY REFERENCE, SUBJECT TO THE CONDITIONS OF THE INCREMENT II DEVELOPMENT ORDER, MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE DDRI BOUNDARIES BE EXPANDED AND THE LAND USES PROVIDED FOR BY THE DDRI DEVELOPMENT PROGRAM BE REDISTRIBUTED TO ALLOW FOR THE PROPOSED DEVELOPMENT; WHICH ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING TRANSMITTALS; AND DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE MODIFIED INCREMENT II DEVELOPMENT ORDER. REQUEST: To Amend the Master and Increment II of the Downtown Development of Regional Impact (DDRI) LOCATION: Downtown Development Authority Boundaries APPLICANT(S): Downtown Development Authority APPLICANT(S) AGENT: Dana Nottingham, Executive Director FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 5, 2004 by a vote of 6-0. PURPOSE: This will allow the expansion of the Downtown DRI boundaries. City ofMiami Page 41 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.2 04-00644 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE ISLAND GARDENS AT WATSON ISLAND PROJECT LOCATED AT APPROXIMATELY 950 AND 1050 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, TO BE COMPRISED OF TWO HOTEL BUILDINGS HOUSING 500 ROOMS AND 105 FRACTIONAL OWNERSHIP UNITS WITH ACCESSORY USES, 221,000 SQUARE FEET OF RETAIL SPACE, 1,610 TOTAL PARKING SPACES, 50 MEGA -YACHT SLIP MARINA AND ANCILLARY USES, MARITIME GALLERY, AND APPROXIMATELY 6.5± ACRES OF PUBLIC GARDENS AND OPEN SPACE; 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 Island Gardens at Watson Island Project LOCATION: Approximately 950 and 1050 MacArthur Caseway APPLICANT(S): City of Miami, Owner and Flagstone Island Gardens, LLC, Contract Lessee APPLICANT(S) AGENT: Judith A. Burke, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 2, 2004 by a vote of 9-0. ZONING BOARD: Recommended approval of the variance to City Commission on May 10, 2004 by a vote of 6-3. Also recommended approval of special exceptions to City Commission on May 10, 2004 by a vote of 5-4. *See supporting documentation. PURPOSE: This will allow the development of the Island Gardens at Watson Island Project. City ofMiami Page 42 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.3 04-00576 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, RESOLUTION NO. 98-1151, PURSUANT TO ARTICLES 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR METROPOLITAN MIAMI PROJECT LOCATED AT APPROXIMATELY 300 AND 200 SOUTHEAST 3RD STREET AND 200 SOUTHEAST 2ND STREET, MIAMI, FLORIDA, TO ALLOW A CHANGE IN THE ORIGINAL APPLICATION FROM 227,625 SQUARE FEET OF NON-RESIDENTIAL FLOOR AREA AND 4,284 PARKING SPACES (AS MODIFIED BY RESOLUTION NO. 02-1249) TO APPROXIMATELY 736,700 SQUARE FEET AND 3,716 PARKING SPACES; AND TO PRESERVE THE 1,500 DWELLING UNITS APPROVED PURSUANT TO RESOLUTION NO. 02-1249; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: Major Use Special Permit for the Metropolitan Miami Project LOCATION: Approximately 300 and 200 SE 3rd Street and 200 SE 2nd Street APPLICANT(S): MDM Residence, LTD; MDM Retail, LTD; and P&G, Development LTD, Owners APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Pending recommendation on June 15, 2004. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on May 19, 2004 by a vote of 7-0. ZONING BOARD: Recommended approval with conditions* of special exceptions on May 10, 2004 by a vote of 7-1. *See supporting documentation. PURPOSE: This will allow the modification of the previously approved One Miami Project, also known as Metropolitan Miami Project. City ofMiami Page 43 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.4 04-00650 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 500 BRICKELL PROJECT LOCATED AT APPROXIMATELY 550 BRICKELL AVENUE AND 41, 47, 51, 57, 59 AND 65 SOUTHEAST 6TH STREET, MIAMI, FLORIDA, TO BE COMPRISED OF TWO 42-STORY TOWERS HOUSING 633 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, 20,497 SQUARE FEET OF RETAIL, AND 857 TOTAL PARKING SPACES WITH THE TWO TOWERS BEING CONNECTED AT ROOF LEVEL; 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 500 Brickell Project LOCATION: Approximately 550 Brickell Avenue and 41, 47, 51, 57, 59 and 65 SE 6th Street APPLICANT(S): The Related Group of Florida, Beneficiary and City National Bank of Florida, Owner as Trustee 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 June 2, 2004 by a vote of 7-0. ZONING BOARD: Recommended approval with conditions* of the special exception to City Commission on May 10, 2004 by a vote of 8-0. Also recommended approval with conditions* of variances to City Commission on May 10, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the 500 Brickell Project. City ofMiami Page 44 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.5 04-00388a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 908.9, TO ALLOW A WATERFRONT YARD SETBACK OF 10'0" AVERAGE WHERE 20'0" AVERAGE IS REQUIRED, AND WITH A 10'0" MINIMUM WHERE 15'0" MINIMUM IS REQUIRED, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 500, 510 AND 520 NORTHEAST 29TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." City ofMiami Page 45 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.6 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. DATE: MAY 27, 2004 ACTION: CONTINUED City ofMiami Page 46 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.7 04-00567 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF EASEMENTS LOCATED AT THE EAST END OF BATTERSEA ROAD AT BISCAYNE BAY, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." REQUEST: Official Vacation and Closure of Easements LOCATION: East End of Battersea Road at Biscayne Bay APPLICANT(S): Linda Murphy, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on July 3, 2003 by a vote of 5-0. ZONING BOARD: Recommended approval to City Commission on May 10, 2004 by a vote of 6-2. PURPOSE: This will allow a unified residential development site. City ofMiami Page 47 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.8 04-00522 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANT ("ZONING COVENANT") DATED SEPTEMBER 28, 1992 AND RECORDED IN OFFICIAL RECORDS BOOK 15663, PAGE 0716-0720, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2947-2949 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A", IN ORDER TO AMEND CERTAIN SECTIONS OF THE COVENANT IN THE MANNER DESCRIBED THEREIN. REQUEST: Modification to a Covenant LOCATION: Approximately 2947-2949 SW 22nd Terrace APPLICANT(S): Judy Galindo, Owner of Latin American Cafeteria -Restaurant APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PURPOSE: This will allow a modification to an existing covenant. City ofMiami Page 48 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.9 04-00577 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, GRANTING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 934.1 THROUGH 934.3, TO ALLOW A COMMUNITY BASED RESIDENTIAL FACILITY WITH A MAXIMUM OF FIFTY BEDS, WITH A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 365 NORTHWEST 8TH STREET, MIAMI, FLORIDA, ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." REQUEST: Special Exception Requiring City Commission Approval LOCATION: Approximately 365 NW 8th Street APPLICANT(S): Jakobi Group, Inc. APPLICANT(S) AGENT: Jorge Orta, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval (not per plans on file) with conditions*. ZONING BOARD: Recommended approval of a special exception requiring City Commission approval with conditions* to City Commission on May 10, 2004 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow a community -based residential facility with a maximum of fifty beds. City ofMiami Page 49 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.10 03-0295 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 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 ACTION: CONTINUED City ofMiami Page 50 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 DATE: MAY 27, 2004 MOVER: VICE CHAIRMAN SANCHEZ SECONDER: COMMISSIONER WINTON VOTE: AYES: 4 - COMMISSIONER WINTON, SANCHEZ, REGALADO AND TEELE ABSENT: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING City ofMiami Page 51 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.11 03-0295a ORDINANCE SECOND 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 52 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 DATE: APRIL 22, 2004 ACTION: CONTINUED DATE: MAY 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: VICE CHAIRMAN SANCHEZ VOTE: AYES: 4 - COMMISSIONER WINTON, SANCHEZ, REGALADO AND TEELE ABSENT: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING City ofMiami Page 53 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.12 04-00329 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 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. DATE: MAY 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER REGALADO VOTE: AYES: 3 - COMMISSIONER WINTON, REGALADO AND TEELE ABSENT: 2 - COMMISSIONER GONZALEZ AND SANCHEZ ACTION: PASSED ON FIRST READING City ofMiami Page 54 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.13 04-00329a ORDINANCE SECOND 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. DATE: MAY 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER REGALADO VOTE: AYES: 3 - COMMISSIONER WINTON, REGALADO AND TEELE ABSENT: 2 - COMMISSIONER GONZALEZ AND SANCHEZ ACTION: PASSED ON FIRST READING City ofMiami Page 55 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.14 04-00330 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 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. DATE: MAY 27, 2004 MOVER: VICE CHAIRMAN SANCHEZ SECONDER: COMMISSIONER REGALADO VOTE: AYES: 4 - COMMISSIONER WINTON, SANCHEZ, REGALADO AND TEELE ABSENT: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING City ofMiami Page 56 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.15 04-00330a ORDINANCE SECOND 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. DATE: MAY 27, 2004 MOVER: VICE CHAIRMAN SANCHEZ SECONDER: COMMISSIONER REGALADO VOTE: AYES: 4 - COMMISSIONER WINTON, SANCHEZ, REGALADO AND TEELE ABSENT: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING City ofMiami Page 57 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.16 04-00452 ORDINANCE SECOND 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. DATE: MAY 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: VICE CHAIRMAN SANCHEZ VOTE: AYES: 4 - COMMISSIONER WINTON, SANCHEZ, REGALADO AND TEELE ABSENT: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING City ofMiami Page 58 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.17 04-00390 ORDINANCE SECOND 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. DATE: MAY 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER REGALADO VOTE: AYES: 4 - COMMISSIONER WINTON, SANCHEZ, REGALADO AND TEELE ABSENT: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING City ofMiami Page 59 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.18 04-00462 ORDINANCE SECOND READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING -- City Commission ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 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. DATE: MAY 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER REGALADO VOTE: AYES: 3 - COMMISSIONER WINTON, REGALADO AND TEELE ABSENT: 2 - COMMISSIONER GONZALEZ AND SANCHEZ ACTION: PASSED ON FIRST READING City ofMiami Page 60 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.19 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 04-00191a. PURPOSE: This will change the above property to Restricted Commercial. REQUESTED TO BE CONTINUED TO SEPTEMBER 23, 2004. DATE: MAY 27, 2004 ACTION: CONTINUED City ofMiami Page 61 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.20 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. DATE: MAY 27, 2004 ACTION: CONTINUED City ofMiami Page 62 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.21 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. DATE: MAY 27, 2004 ACTION: CONTINUED City ofMiami Page 63 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.22 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. DATE: MAY 27, 2004 ACTION: CONTINUED City ofMiami Page 64 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.23 04-00559 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 1990, 2000 AND 2020 TIGERTAIL AVENUE AND 2015 AND 2035 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES TRANSPORTATION AND UTILITIES"; 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 "Major Institutional, Public Facilities Transporation and Utilities" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1990, 2000 and 2020 Tigertail Avenue and 2015 and 2035 South Bayshore Drive APPLICANT(S): Ransom Everglades School, Inc. APPLICANT(S) AGENT: Carter N. McDowell, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. 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 May 5, 2004 by a vote of 4-2. See companion File ID 04-00559a. PURPOSE: This will change the above properties to Major Institutional, Public Facilities Transporation and Utilities. City ofMiami Page 65 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.24 04-00559a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 43, 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, SD-3 COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT AND SD-18 MINIMUM LOT SIZE DISTRICT TO G/I GOVERNMENT AND INSTITUTIONAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1990, 2000 AND 2020 TIGERTAIL AVENUE AND 2015 AND 2035 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, 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. 11000, from R-1 Single -Family Residential, SD-3 Coconut Grove Major Streets Overlay District and SD-18 Minimum Lot Size District to G/I Government and Institutional to Change the Zoning Atlas LOCATION: Approximately 1990, 2000 and 2020 Tigertail Avenue and 2015 and 2035 South Bayshore Drive APPLICANT(S): Ransom Everglades School, Inc. APPLICANT(S) AGENT: Carter N. McDowell, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on May 24, 2004 by a vote of 6-3. See companion File ID 04-00559. PURPOSE: This will change the above properties to G/I Government and Institutional. City ofMiami Page 66 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.25 04-00575 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 SECTION 1102, ENTITLED "NONCONFORMING LOTS" RELATING TO THE R-2 DUPLEX ZONING DISTRICT BY PERMITTING BY CLASS II SPECIAL PERMIT NO MORE THAN ONE SINGLE-FAMILY UNIT ON AN INDIVIDUAL NONCONFORMING R-2 DUPLEX LOT; AND BY MODIFYING PROVISIONS REGARDING REPLATTING OF NONCONFORMING LOTS TO ALLOW REDUCTIONS IN THE DEGREE OF NONCONFORMITY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 19, 2004 by a vote of 7-0. PURPOSE: This will allow single-family residences on nonconforming duplex lots. City ofMiami Page 67 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 The following items shall not be considered until 5:00 pm. PZ.26 04-00211a 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 1818 AND 1884 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, FROM "INDUSTRIAL" AND "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Industrial" and "General Commercial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1818 and 1884 NW N River Drive APPLICANT(S): Balbino Investments, Inc, Contract Purchaser & River Marina, Inc, Owner APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Recommended denial to the City Commission on March 1, 2004 by a vote of 6-4. PLANNING ADVISORY BOARD: Recommended approval of a motion, which failed (due to failure to obtain the required five favorable votes), constituting a denial to City Commission on April 7, 2004 by a vote of 4-3. See companion File IDs 04-00211 and 04-00211 b. PURPOSE: This will allow a unified commercial development site for the proposed Hurricane Cove Major Use Special Permit Project. DATE: APRIL 22, 2004 MOVER: COMMISSIONER GONZALEZ SECONDER: COMMISSIONER REGALADO VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND TEELE ACTION: PASSED ON FIRST READING City ofMiami Page 68 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.27 04-00211b ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 25, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM SD-4 WATERFRONT INDUSTRIAL DISTRICT AND C-2 LIBERAL COMMERCIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1818 AND 1884 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from SD-4 Waterfront Industrial District and C-2 Liberal Commercial to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 1818 and 1884 NW N River Drive APPLICANT(S): Balbino Investments, Inc, Contract Purchaser & River Marina, Inc, Owner APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Recommended denial to the City Commission on March 1, 2004 by a vote of 6-4. ZONING BOARD: Recommended approval to City Commission on March 22, 2004 by a vote of 7-2. See companion File IDs 04-00211 and 04-00211a. PURPOSE: This will allow a unified commercial development site for the proposed Hurricane Cove Major Use Special Permit Project. DATE: APRIL 22, 2004 MOVER: COMMISSIONER GONZALEZ SECONDER: VICE CHAIRMAN SANCHEZ VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND TEELE ACTION: PASSED ON FIRST READING City ofMiami Page 69 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.28 04-00211 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 HURRICANE COVE PROJECT LOCATED AT APPROXIMATELY 1818 NORTHWEST NORTH RIVER DRIVE AND 1884 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, TO ALLOW A MAJOR USE SPECIAL PERMIT PER ARTICLES 5, 9, 13 AND 17, TO BE COMPRISED OF THREE BUILDINGS CONTAINING 1,073 MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, 2,500 SQUARE FEET OF RESTAURANT, 2,500 SQUARE FEET OF MARINE RETAIL, A 130-SLIP COMMERCIAL MARINA, AND APPROXIMATELY 1,737 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 Hurricane Cove Project LOCATION: Approximately 1818 and 1884 NW N River Drive APPLICANT(S): Balbino Investments, Inc, Contract Purchaser & River Marina, Inc, Owner APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. MIAMI RIVER COMMISSION: Recommended denial to City Commission on March 1, 2004 by a vote of 6-4. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with conditions* of a certificate of appropriateness to City Commission on October 21, 2003 by a vote of 7-0. PLANNING ADVISORY BOARD: Recommended denial to City Commission on April 7, 2004 by a vote of 5-2. ZONING BOARD: Recommended approval with conditions* of the special exception to City Commission on February 23, 2004 by a vote of 9-0. See companion File ID 04-00211a and 04-00211b. *See supporting documentation. PURPOSE: This will allow the development of the Hurricane Cove Project. City ofMiami Page 70 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 The following item shall not be considered until after 5:00 pm. PZ.29 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 MODIFICATION TO CONSTRUCT TWO RESIDENTIAL TOWERS CONSISTING OF 909 MULTIFAMILY UNITS, 209 HOTEL UNITS WITH RECREATIONAL AMENITIES, 30,850 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 1,460 PARKING SPACES AND TO INCREASE THE FLOOR AREA RATIO (FAR) BY 20% (137,263 SQUARE FEET). 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. DATE: MAY 27, 2004 ACTION: CONTINUED City ofMiami Page 71 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 The following items shall not be considered before 6:30 pm. PZ.30 04-00296b ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A 120-DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR ALL DEVELOPMENT ORDERS FOR DEVELOPMENT IN EXCESS OF 40 FEET IN HEIGHT, EXCLUDING ONLY SUCH PERMIT APPLICATIONS THAT ARE COMPLETE AND FULLY APPROVED, SUCH TEMPORARY MORATORIUM TO APPLY TO ALL PROPERTIES LOCATED ON THE SOUTHWEST 27TH AVENUE CORRIDOR FROM CORAL WAY TO US-1, EXCLUDING ONLY SUCH PROPERTIES LOCATED ON THE WEST SIDE OF THE CORRIDOR AND LOCATED BETWEEN US-1 AND SOUTHWEST 25TH STREET; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW; PROVIDING FOR DISSOLUTION UPON COMPLETION OF THE 27TH AVENUE CORRIDOR STUDY OR THE EARLIER OF 120 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; PROVIDING FOR A REPEALER PROVISION ON THE EFFECTIVE DATE OF THE REMEDIAL ORDINANCE AND AN IMMEDIATE EFFECTIVE DATE. REQUEST: To Establish a 120-Day Temporary Moratorium APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval, excluding only such applications as are complete, to City Commission on June 16, 2004 by a vote of 5-1. This item is related to File ID 04-00296 and 04-00296a. PURPOSE: This will establish a 120-day temporary moratorium on the acceptance of all development orders for development in excess of 40 feet in height for certain properties located on the SW 27th Avenue corridor from Coral Way to US-1. DATE: JUNE 10, 2004 ACTION: DEFERRED City ofMiami Page 72 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.31 04-00649 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, IN ORDER TO ADD A NEW SPECIAL OVERLAY DISTRICT ENTITLED SD-24 SW 27TH AVENUE SPECIAL OVERLAY DISTRICT, ADDING AN INTENT STATEMENT AND CREATING SPECIAL DISTRICT REQUIREMENTS; 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 of a motion, which failed (due to failure to obtain the required five favorable votes), constituting a denial to City Commission on June 16, 2004 by a vote of 3-3. This is a companion to File ID 04-00649a. PURPOSE: This will establish a new special district for SW 27th Avenue from Coral Way to US-1. City ofMiami Page 73 Printed on 3/11/2008 City Commission Meeting Agenda June 24, 2004 PZ.32 04-00649a ORDINANCE FIRST READING AN ORDINANCE AMENDING PAGE NOS. 42 AND 43 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING THE ZONING CLASSIFICATION FOR THOSE PROPERTIES LOCATED ALONG THE SOUTHWEST 27TH AVENUE CORRIDOR FROM CORAL WAY TO US-1, EXCLUDING ONLY SUCH PROPERTIES LOCATED ON THE WEST SIDE OF THE CORRIDOR AND LOCATED BETWEEN US-1 AND SOUTHWEST 25TH STREET FROM C-1 RESTRICTED COMMERCIAL AND 0 OFFICE TO C-1 RESTRICTED COMMERCIAL AND 0 OFFICE WITH AN SD-24 SOUTHWEST 27TH AVENUE SPECIAL OVERLAY DISTRICT; SAID PROPERTIES MORE PARTICULARLY DESCRIBED IN EXHIBIT "A;" 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. 11000, from C-1 Restricted Commercial and 0 Office to C-1 Restricted Commercial and 0 Office with an SD-24 Southwest 27th Avenue Special Overlay District to Change the Zoning Atlas LOCATION: Along the SW 27th Avenue Corridor from Coral Way to US-1, Excluding Only Such Properties Located on the West Side of the Corridor and Located Between US-1 and SW 25th Street APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 16, 2004 by a vote of 3-3. This is a companion to File ID 04-00649. PURPOSE: This will implement the new SD-24 Southwest 27th Avenue Special Overlay District on portions of SW 27th Avenue from Coral Way to US-1. City ofMiami Page 74 Printed on 3/11/2008