Loading...
HomeMy WebLinkAboutCC 2004-05-06 Marked AgendaCity of Miami Marked Agenda 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 Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Thursday, May 6, 2004 9:00 AM City Hall Commission Chambers CONTENTS Items may be heard in the numbered sequence or as announced by the Commission PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES TIME CERTAIN 10:00 A.M. - PA.1- Personal Appearance by Mr. Philip Bacon and Mr. William Mauzy 10:05 A.M. - PA.2- Personal Appearance by Mr. William Talbert and Mr. William Peebles M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS City of Miami Page 1 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 TIME CERTAIN 3:00 P.M. - PH.4 - Transfer of CDBG funds from World of Life to Alternative Programs 3:00 P.M. - PH.5 - Transfer of HOPWA funds to Community Management Inc. and Empower U Inc. SR - SECOND READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS The Planning and Zoning items shall not be considered before 3:00 pm. TIME CERTAIN 4:30 P.M. - PZ.6 - 90-Day Temp Moratorium - SW 27 Av from Coral Wy to US-1 6:00 P.M. - PZ.7 - Major Use Special Permit - Kubik at Morningside Project City of Miami Page 2 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Winton, Vice Chairman Sanchez and Commissioner Regalado Absent: Commissioner Gonzalez and Chairman Teele On the 6th day of May, 2004, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order at 9:42 a.m. by Vice Chairman Joe Sanchez, with Chairman Teele and Commissioner Gonzalez absent, recessed at 12:04 p.m., reconvened at 3:16 p.m., recessed at 3:21 p.m. to convene a Special Community Redevelopment Agency (CRA) meeting, adjourned the Special CRA meeting at 3:40 p.m., reconvened the regular meeting at 3:41 p.m., and adjourned at 8:10 p.m. Note for the Record: Chairman Teele entered the meeting at 9:48 a.m. and Commissioner Gonzalez entered the meeting at 9:50 a.m. ALSO PRESENT: Joe Arriola, City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 04-00464 PRESENTATION MAYORAL VETOES Name of Honoree National Tourism Week 2004 South Florida Youth Foundation Volunteers Heddy Collazo Neil Dubrow Jonathan Fryd Miranda Kaltman John Kanter Scott Robins Philip Youtie Commander Brenda Williams Presenter Protocol Item Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Proclamation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation 04-00464- cover memo.pdf, 04-00464- protocol list.pdf Mayor Diaz presented Certificates of Appreciation to volunteers of the South Florida Youth Foundation, a charitable foundation which helps the children of Overtown and Liberty City stay in school: Heddy Collazo, Jonathan Fryd, Miranda Kaltman, John Kanter, Scott Robbins, and Commander Brenda Williams. NO MAYORAL VETOES (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planning and Zoning Meeting of March 25, 2004 City of Miami Page 3 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 MOVED: Johnny L. Winton SECONDED: Tomas Regalado Motion to APPROVE PASSED by the following vote. AYES: Commissioner Winton, Sanchez and Regalado ABSENT: Commissioner Gonzalez and Teele ORDER OF DAY CONSENT AGENDA CA.1 04-00327 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., IN AN AMOUNT NOT TO EXCEED $100,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, FOR REPRESENTATION OF THE CITY OF MIAMI IN CASES RELATED TO THE DEFENSE OF THE CITY OF MIAMI PARKING SURCHARGE ORDINANCE, INCLUDING BUT NOT LIMITED TO: AMPCO SYSTEM PARKING, INC., ET AL. VS CITY OF MIAMI, CASE NO. 01-27582 CA (15), PARK A. PARTNERS, LTD., ET AL. VS CITY OF MIAMI, CASE NO. 01-20074 CA (06), AND PATRICK MCGRATH, III VS THE CITY OF MIAMI, CASE NO. 99-23765 CA (10), ALL IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA: ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. 04-00327- cover memo.pdf, 04-00327- budget approval.pdf R-04-0291 This Matter was ADOPTED on the Consent Agenda. CA.2 04-00409 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LICENSING, MAINTENANCE AND PRODUCT SUPPORT AGREEMENT WITH B & L ASSOCIATES, INC., AWARDED PURSUANT TO RESOLUTION NO. 03-422, ADOPTED MAY 8, 2003, FOR MAINTENANCE OF ITS PROPRIETARY SOFTWARE, FOR A THREE-YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED $163,360, WITH AN ANNUAL MAINTENANCE AND PRODUCT SUPPORT AMOUNT NOT TO EXCEED $57,855, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO EXTEND THE PRODUCT SUPPORT FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS WITH ANNUAL MAINTENANCE INCREASES LIMITED TO NO MORE THAN FOUR PERCENT (4%) PER YEAR, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY; ALLOCATING FUNDS FROM GENERAL ACCOUNT CODE NO. 001000.460101.6.670, CAPITAL PROJECTS ACCOUNTS OR INFORMATION TECHNOLOGY STRATEGIC FUNDS. City of Miami Page 4 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 04-00409- cover memo.pdf, 04-00409- budgetary impact.pdf, 04-00409- B&L assoc. documents.pdf, 04-00409- award .pdf R-04-0292 This Matter was ADOPTED on the Consent Agenda. CA.3 04-00410 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID OF ADVENTURE ENVIRONMENTAL, INC., FOR THE PROJECT ENTITLED "CITYWIDE CANAL CLEANING AND MAINTENANCE PROJECT, B-5710," FOR THE DEPARTMENT OF MUNICIPAL SERVICES, DIVISION OF PUBLIC WORKS, FOR A CONTRACT PERIOD OF TWO YEARS, IN AN AMOUNT NOT TO EXCEED $221,200 ($95,600 ANNUAL CONTRACT AMOUNT PLUS $15,000 FOR ANNUAL INSPECTION AND INCIDENTAL EXPENSES), WITH AN OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS. FOR A TOTAL CONTRACT AWARD AMOUNT NOT TO EXCEED $442,400; ALLOCATING FUNDS FROM PUBLIC WORKS GENERAL OPERATING BUDGET, ACCOUNT NOS. 001000.311003.6.340, IN AN AMOUNT NOT TO EXCEED $191,200 AND 001000.311003.6.270, IN AN AMOUNT NOT TO EXCEED $30,000. 04-00410- cover memo.pdf, 04-00410- award recommendation.pdf, 04-00410- budgetary impact.pdf, 04-00410- award sheet. pdf, 04-00410- tabulation sheet.pdf, 04-00410- bid security list.pdf R-04-0293 This Matter was ADOPTED on the Consent Agenda. CA.4 04-00411 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACQUISITION OF CITY VIEW SOFTWARE FROM MUNICIPAL SOFTWARE CORPORATION, TO INCLUDE ALL SOFTWARE, IMPLEMENTATION SERVICES, TRAINING MAINTENANCE, TECHNICAL SUPPORT, AND OTHER RELATED SERVICES, TO PROVIDE A ZONING COMPLIANCE, CODE ENFORCEMENT, AND PERMITTING AND INSPECTIONS COMPUTER SYSTEM, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY ("IT"), UNDER THE EXISTING CITY OF SAN MATEO, CALIFORNIA CONTRACT, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE CITY OF SAN MATEO, FOR AN INITIAL FIRST YEAR PROPOSED AMOUNT NOT TO EXCEED $380,000, WITH THE OPTION TO PURCHASE ADDITIONAL LICENSES, SOFTWARE, MAINTENANCE, AND SERVICES OVER A FIVE-YEAR PERIOD FOR AN ADDITIONAL AMOUNT NOT TO EXCEED $677,322, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,057, 322; ALLOCATING FUNDS FOR THE FIRST YEAR OF THE CONTRACT FROM IT CAPITAL IMPROVEMENTS PROJECT ("CIP") ACCOUNT CODE NO. 311617, IN THE AMOUNT NOT TO EXCEED $150,000, CIP ACCOUNT CODE NO. 311620, IN THE AMOUNT NOT TO EXCEED $150,000, FROM IT'S STRATEGIC FUNDS AND THE IT'S City of Miami Page 5 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 OPERATING BUDGET, IN THE COMBINED AMOUNT NOT TO EXCEED $80,000, WITH FUTURE YEAR FUNDING ALLOCATED FROM VARIOUS CIP ACCOUNTS, THE OPERATING BUDGETS OF VARIOUS DEPARTMENTS, ITD'S OPERATING BUDGET, AND IT STRATEGIC FUNDING. 04-00411- cover memo.pdf, 04-00411- budgetary impact .pdf, 04-00411- San Mateo agreement.pdf, 04-00411- San Mateo reso..pdf, 04-00411- City of Mia. agreement.pdf, 04-00411- award under San Mateo.pdf R-04-0294 This Matter was ADOPTED on the Consent Agenda. CA.5 04-00412 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING BIDS FROM VARIOUS VENDORS, AS LISTED ON "ATTACHMENT A," ATTACHED AND INCORPORATED, FOR THE PURCHASE OF PAPER PRODUCTS AND PLASTICS, IN AN AMOUNT NOT TO EXCEED $30,000, FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $30,000, FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNTS, SPECIAL REVENUE FUNDS, AND/OR CURRENT FISCAL YEAR (2003-2004) OPERATING BUDGETS OF VARIOUS DEPARTMENTS AND AGENCIES, AS MAY BE ADJUSTED FROM TIME TO TIME BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS ORDINANCES, OR AS OTHERWISE ADJUSTED AS PERMITTED BY LAW. 04-00412- cover memo.pdf, 04-00412- award recommendation.pdf, 04-00412- award sheet.pdf, 04-00412- tabulation sheet.pdf, 04-00412- bid security list.pdf, 04-00412- exhibit.pdf R-04-0295 This Matter was ADOPTED on the Consent Agenda. CA.6 04-00413 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "MIAMI-DADE COUNTY EMS GRANT #C3013 AWARD (FISCAL YEAR 2003-04)," IN THE AMOUNT NOT TO EXCEED $108.476, CONSISTING OF A GRANT APPORTIONED BY MIAMI-DADE COUNTY ("COUNTY") FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES ("EMS"), "FLORIDA EMS GRANT PROGRAM FOR COUNTIES;" AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE City of Miami Page 6 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 TO THE CITY ATTORNEY, FOR SAID PURPOSE. 04-00413- cover memo.pdf, 04-00413- budgetary impact.pdf, 04-00413- letter of understanding.pdf, 04-00413- letter from MDFR.pdf, 04-00413- expenditure plan.pdf, 04-00413- projects carried over.pdf R-04-0296 This Matter was ADOPTED on the Consent Agenda. CA.7 04-00414 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF B K MARINE CONSTRUCTION, INC., FOR THE PROJECT ENTITLED "DINNER KEY MARINA MOORING PILE REPLACEMENT PROJECT -PHASE II, B-60474," IN THE PROPOSED AMOUNT NOT TO EXCEED $124,900; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 326011, IN THE AMOUNT NOT TO EXCEED $124,900, FOR CONTRACT COSTS, PLUS $6,245 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN THE AMOUNT NOT TO EXCEED $131,145, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 04-00414- cover memo.pdf, 04-00414- budgetary impact.pdf, 04-00414- exhibit 1- formal bid.pdf, 04-00414-exhibit 2- project fact sheet.pdf, 04-00414-exhibit 3- contract.pdf R-04-0297 This Matter was ADOPTED on the Consent Agenda. CA.8 04-00417 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE REIMBURSEMENT OF CAPITAL EXPENDITURES IN THE AMOUNT NOT TO EXCEED $28,550, TO THE OVERTOWN YOUTH CENTER, INC. ("OYC"), A NON-PROFIT CORPORATION, FOR THE PURCHASE AND INSTALLATION OF HURRICANE SHUTTERS ON THE CITY OF MIAMI'S ("CITY") FACILITIES OPERATED AND MAINTAINED BY OYC, WITHIN GIBSON PARK, LOCATED AT 450 NORTHWEST 14TH STREET, MIAMI, FLORIDA; ALLOCATING FUNDS FROM THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND FUNDS CAPITAL IMPROVEMENT PROJECT NO. 331419, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCE, AS AMENDED. 04-00417- cover memo.pdf, 04-00417- budgetary impact.pdf, 04-00417- notice to purchaser.pdf, 04-00417- check.pdf R-04-0298 This Matter was ADOPTED on the Consent Agenda. City of Miami Page 7 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 CA.9 04-00418 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 17TH AVENUE FROM NORTHWEST 14TH STREET TO NORTHWEST 17TH STREET, MIAMI, FLORIDA, AS "DON JOSE GONZALEZ CURBELO WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF MUNICIPAL SERVICES TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 04-00148- cover memo.pdf, 04-00148- budgetary impact.pdf R-04-0299 This Matter was ADOPTED on the Consent Agenda. CA.10 04-00419 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHEAST 4TH COURT FROM NORTHEAST 73RD STREET TO NORTHEAST 79TH STREET, MIAMI, FLORIDA, AS "EGON STEPHAN, SR. COURT;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF MUNICIPAL SERVICES TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 04-00419- cover memo.pdf, 04-00419- budgetary impact.pdf R-04-0300 This Matter was ADOPTED on the Consent Agenda. CA.11 04-00420 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHWEST 26TH AVENUE FROM SOUTHWEST 28TH STREET TO SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA, AS "SCORNAVACCA AVENUE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF MUNICIPAL SERVICES TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 04-00420- cover memo.pdf, 04-00420- budgetary impact.pdf R-04-0301 This Matter was ADOPTED on the Consent Agenda. CA.12 04-00421 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHWEST 16TH STREET FROM SOUTHWEST 13TH AVENUE TO SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA, AS "CALLE DR. CRISTOBAL GONZALEZ 'MAYITO' MAYO;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF MUNICIPAL SERVICES TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. City of Miami Page 8 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 04-00421-cover memo.pdf, 04-00421-budgetary impact R-04-0302 This Matter was ADOPTED on the Consent Agenda. CA.13 04-00422 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHWEST 14TH AVENUE FROM SOUTHWEST 7TH STREET TO SOUTHWEST 8TH STREET, MIAMI, FLORIDA, AS "AVENIDA LIBERTAD LAMARQUE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF MUNICIPAL SERVICES TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 04-00422- cover memo.pdf, 04-00422- budgetary impact.pdf R-04-0303 This Matter was ADOPTED on the Consent Agenda. CA.14 04-00437 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CACS, INC., RELATING TO THE PRESENTATION OF A WORLD CUP QUALIFIER SOCCER MATCH, BETWEEN THE NATIONAL TEAMS OF JAMAICA AND HAITI, TO BE HELD AT THE ORANGE BOWL STADIUM ON JUNE 12, 2004; AUTHORIZING A CAP ON THE USER FEE IN AN AMOUNT NOT TO EXCEED $5,000 FOR THE EVENT; CONDITIONING SAID AUTHORIZATION UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW, (2) PAYING FOR ALL NECESSARY COSTS OF CITY OF MIAMI ("CITY") SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT, (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE, AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. CA.15 04-00439 04-00437- cover memo.pdf, 04-00437- exhibit 1-agreement.pdf R-04-0304 This Matter was ADOPTED on the Consent Agenda. DISCUSSION ITEM ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 04-00439- board actions.pdf City of Miami Page 9 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: Johnny L. Winton SECONDED: Joe Sanchez AYES: Commissioner Winton, Sanchez, Regalado and Teele ABSENT: Commissioner Gonzalez END OF CONSENT AGENDA City of Miami Page 10 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 PERSONAL APPEARANCES 10:00 A.M. PA.1 04-00256 DISCUSSION ITEM MR. PHILIP BACON, EXECUTIVE DIRECTOR OF COLLINS CENTER FOR PUBLIC POLICY AND MR. WILLIAM MAUZY, PRESIDENT/CEO OF BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC. TO ADDRESS THE COMMISSION CONCERNING OVERTOWN DEVELOPMENT/CIVIC PARTNERSHIP. 04-00256-cover memo.pdf DEFERRED 10:05 A.M. PA.2 04-00423 DISCUSSION ITEM MR. WILLIAM TALBERT, PRESIDENT/CEO OF THE GREATER MIAMI CONVENTION AND VISITORS BUREAU AND MR. R. DONAHUE PEEBLES, CHAIRPERSON OF THE BUREAU TO ADDRESS THE COMMISSION CONCERNING AN UPDATE ON THE STATE OF OUR LOCAL TOURISM. 04-00423- cover memo.pdf DISCUSSED Note for the Record: Commissioner Gonzalez requested that the Greater Miami Convention and Visitor's Bureau provide the Commission with a list of all bookings for the remainder of this year as mentioned by Mr. Peebles during today's discussion on Item PA.2. City of Miami Page 11 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR PUBLIC HEARING PH.1 04-00424 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DECLARE CERTAIN CITY -OWNED PROPERTIES SURPLUS, LOCATED AT 3840 WASHINGTON AVENUE AND 3850 WASHINGTON AVENUE, MIAMI, FLORIDA ("PROPERTIES"); AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH ARDENT HOUSING FOUNDATION, A FLORIDA NOT -FOR -PROFIT CORPORATION ("PURCHASER") FOR THE SALE OF SAID CITY -OWNED PROPERTIES; ESTABLISHING TEN DOLLARS ($10) AS THE AMOUNT TO BE PAID TO THE CITY OF MIAMI BY PURCHASER FOR THE PROPERTIES, AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE SOLELY AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY TO EFFECT THE TRANSACTION IN AN EXPEDITIOUS MANNER. City of Miami Page 12 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 04-00424- cover memo.pdf, 04-00424- public notice memo.pdf, 04-00424- public notice. pdf, 04-00424- maps. pdf, 04-00424- exhibit 1-agreement. pdf, 04-00424- exhibit 2- city deed DEFERRED A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to DEFER item PH.1. PH.2 04-00428 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DECLARE CERTAIN CITY -OWNED PROPERTIES LOCATED AT 3255 NORTHWEST 11TH COURT, 3245 NORTHWEST 11TH COURT, AND 1264 NORTHWEST 31ST STREET, MIAMI, FLORIDA ("PROPERTIES") SURPLUS, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; DESIGNATING ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("PURCHASER"), TO UNDERTAKE THE DEVELOPMENT OF THREE (3) TWIN HOMES, AFFORDABLE TO VERY LOW, LOW AND/OR MODERATE -INCOME FAMILIES AND/OR INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO CONSUMMATE THE TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, AND THE TERMS STATED HEREIN, WHICH TERMS MAY BE SOLELY AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY TO EFFECT SUCH TRANSACTION IN AN EXPEDITIOUS MANNER. 04-00428-cover memo .pdf, 04-00428-public notice memo. pdf, 04-00428-public notice.pdf, 04-00428-maps. pdf, 04-00428-exhibit 1- agreement.pdf, 04-00428-exhit 2- addresses.pdf, 04-00428-exhibit 3- city deed.pdf R-04-0289 MOVED: Angel Gonzalez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele PH.3 04-00440 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR A 15 FOOT WIDE PERPETUAL NON-EXCLUSIVE STRIP EASEMENT, FOR USE OF CITY -OWNED PROPERTY LOCATED ADJACENT TO BISCAYNE City of Miami Page /3 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 BOULEVARD, BETWEEN NORTHEAST 8TH STREET AND NORTHEAST 9TH STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR THE SOLE PURPOSE OF ALLOWING FDOT TO CONSTRUCT AND MAINTAIN A DRAINAGE SYSTEM, WITH THE TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID EASEMENT. 04-00440- cover memo.pdf, 04-00440- public notic memo.pdf, 04-00440- public notice pdf, 04-00440- exhibit 1-easment.pdf, 04-00440- exhibit 2- map.pdf R-04-0290 MOVED: Angel Gonzalez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 3:00 P.M. PH.4 04-00426 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 26TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS IN THE ECONOMIC DEVELOPMENT AND CAPITAL PROJECTS CATEGORY FOR DISTRICT 5, IN THE TOTAL AMOUNT NOT TO EXCEED $172,875, FROM WORD OF LIFE COMMUNITY DEVELOPMENT CORPORATION AND TRANSFERRING SAID FUNDS IN THE AMOUNT NOT TO EXCEED $150,000, TO THE ALTERNATIVE PROGRAMS, INC. FOR ACQUISITION AND/OR DEVELOPMENT OF A NEAR -BY PROPERTY TO BE DEVELOPED AS A PUBLIC PARKING LOT, AND AN AMOUNT NOT TO EXCEED $22,875, TO THE DISTRICT 5 RESERVE ACCOUNT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE ALTERNATIVE PROGRAMS, INC., FOR SAID PURPOSE. 04-00426- cover memo.pdf, 04-00426- public notice.pdf, 04-00426- pre. legislation 1.pdf, 04-00426- pre. legislation 2.pdf, 04-00426- exhibit 1- agreement.pdf R-04-0313 MOVED: Johnny L. Winton SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton and Regalado ABSENT: Commissioner Sanchez and Teele City of Miami Page 14 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 PH.5 04-00458 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF CLOSED OUT 28TH YEAR HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") FUNDS, FROM THE CATEGORY OF SHORT TERM RENTAL, MORTGAGE AND UTILITY ASSISTANCE, IN THE AMOUNT NOT TO EXCEED $250,000, TO THE 29TH YEAR HOPWA FUNDS, IN THE CATEGORY OF LONG TERM RENTAL ASSISTANCE TO THE COMMUNITY CASE MANAGEMENT, INC., IN THE AMOUNT NOT TO EXCEED $15,938, FOR A TOTAL AUTHORIZATION OF $111,563, AND FUNDS TO EMPOWER U, INC., IN THE AMOUNT NOT TO EXCEED $37,188, FOR A TOTAL AUTHORIZATION NOT TO EXCEED $164,688; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $21,250 TO EACH OF THE FOLLOWING AGENCIES: MIAMI BEACH COMMUNITY DEVELOPMENT CORP., NEW HORIZONS COMMUNITY MENTAL HEALTH CENTER, INC., AND CENTER FOR INDEPENDENT LIVING OF SOUTH FLORIDA, INC., WITH THE REMAINING BALANCE OF FUNDS, IN AN AMOUNT NOT TO EXCEED $133,124, TO THE 29TH YEAR HOPWA FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO EXISTING AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH COMMUNITY CASE MANAGEMENT, INC. AND EMPOWER U, INC.; AND AUTHORIZING THE CITY MANAGER TO EXECUTE NEW AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FOLLOWING AGENCIES: MIAMI BEACH COMMUNITY DEVELOPMENT CORP., NEW HORIZONS COMMUNITY MENTAL HEALTH CENTER, INC., AND CENTER FOR INDEPENDENT LIVING OF SOUTH FLORIDA, INC. 04-00458- cover memo.pdf, 04-00458- public notice.pdf, 04-00458- legislation.pdf, 04-00458- exhibit 1-amendment.pdf, 04-00458- exhibit 2-agreement .pdf R-04-0314 MOVED: Johnny L. Winton SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton and Regalado ABSENT: Commissioner Sanchez and Teele City of Miami Page l 5 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 ORDINANCE - SECOND READING SR.1 04-00381 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12451, ADOPTED NOVEMBER 25, 2003, THE CAPITAL PROJECTS APPROPRIATIONS ORDINANCE, ACCEPTING A GRANT, IN THE AMOUNT OF $22,930, FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND APPROPRIATING SAID FUNDS IN CAPITAL IMPROVEMENTS PROJECT NO. 311703, ENTITLED: "PROPERTY MAINTENANCE BUILDING IMPROVEMENTS;" AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00381- cover memo.pdf, 04-00381- budgetary impact analysis, 04-00381- memo from fire.pdf, 04-00381- state letters.pdf, 04-00381- subgrant agreement.pdf 12531 MOVED: Johnny L. Winton SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Winton, Regalado and Teele ABSENT: Commissioner Gonzalez and Sanchez City of Miami Page 16 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 RESOLUTIONS RE.1 04-00224 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY AMERIGAS, L.P., WITHOUT ADMISSION OF LIABILITY, THE SUM OF $129,809.16 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF AMERIGAS, L.P. VS. CITY OF MIAMI, IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 01-12279 CA 10, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI. ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM INDEX CODE NO. 515001.624401.6340.65119. 04-00224- cover memo.pdf, 04-00224- budget approval.pdf R-04-0308 MOVED: Johnny L. Winton SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Winton, Regalado and Teele ABSENT: Commissioner Gonzalez and Sanchez RE.2 04-00465 RESOLUTION A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PARTIAL MODIFICATION OF RESTRICTIONS AND REVERTER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ("TIITF"), TO ALLOW THE CITY TO LEASE APPROXIMATELY 10.79 ACRES OF UPLAND AND APPROXIMATELY 13.35 ACRES OF SUBMERGED LAND TO FLAGSTONE ISLAND GARDENS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, F/K/A AND SUCCESSOR BY MERGER TO FLAGSTONE PROPERTIES, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("FLAGSTONE"), FOR THE DEVELOPMENT AND OPERATION OF A MEGA -YACHT MARINA AND MIXED USE WATERFRONT PROJECT; PROVIDING FOR THE CITY TO COMMENCE PAYING TIITF A FEE OF 15% OF THE TOTAL RENT RECEIVED BY THE CITY UNDER THE LEASE ON THE DATE OR COMPLETION; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE WAIVER OF RESTRICTIONS AND REVERTER. 04-00465- cover memo.pdf R-04-0309 MOVED: Johnny L. Winton SECONDED: Tomas Regalado City of Miami Prig(' 17 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Winton, Regalado and Teele ABSENT: Commissioner Gonzalez and Sanchez City of Miami Page 18 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 BOARDS AND COMMITTEES BC.1 04-00086 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 04-00086-memo-1.doc, 04-00086-members-2.doc DEFERRED BC.2 04-00302 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Armando Silva Trujillo Commissioner Angel Gonzalez Carolyn Cope Commissioner Johnny Winton Yves Fortune Commissioner Tomas Regalado (Appointment deferred) Vice Chairman Joe Sanchez Maud Newbold Chairman Arthur Teele 04-00302-memo-1.doc, 04-00302-members-2.doc R-04-0315 MOVED: Tomas Regalado SECONDED: Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton and Regalado ABSENT: Commissioner Sanchez and Teele A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint Carolyn Cope as a member of the Miami Street Codesignation Review Committee. A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Armando Trujillo as a member of the Miami Street Codesignation Committee. City of Miami Page 19 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Maud Newbold as a member of the Miami Street Codesignation Committee. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Chairman Teele and Vice Chairman Sanchez absent, to appoint Yves Fortune as a member of the Miami Street Codesignation Committee. BC.3 04-00303 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ignacio Abela Commissioner Angel Gonzalez Evelyn D'An Commissioner Johnny Winton Richard Berkowitz Commissioner Tomas Regalado Monica Fernandez Vice Chairman Joe Sanchez Kalunda Malcolm Chairman Arthur Teele 04-00303-memo-1.doc, 04-00303-MEMBERS-2.doc R-04-0316 MOVED: Tomas Regalado SECONDED: Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton and Regalado ABSENT: Commissioner Sanchez and Teele A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint Evelyn D'An as a member of the Miami Audit Advisory Board. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint Monica Fernandez as a member of the Miami Audit Advisory Board. A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Ignacio Abela as a member of the Miami Audit Advisory Board. A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Kalunda Malcolm as a member of the Miami Audit Advisory Board. A motion as made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Chairman Teele and Vice Chairman Sanchez absent, to City of Miami Page 20 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 appoint Richard Berkowitz as a member of the Miami Audit Advisory Board. BC.4 04-00304 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Tony Muniz Commissioner Angel Gonzalez Stuart Sorg Commissioner Angel Gonzalez Robert Krulik Commissioner Johnny Winton Neal McAliley Commissioner Johnny Winton Jack King Commissioner Tomas Regalado Antonio Llano Montes Commissioner Tomas Regalado Wendy Kalimar Vice Chairman Joe Sanchez M. Lee Smith Vice Chairman Joe Sanchez Phillip B. Everingham Chairman Arthur Teele Ernest Martin Chairman Arthur Teele 04-00304-memo-1.doc, 04-00304-members-2.doc R-04-0321 MOVED: Tomas Regalado SECONDED: Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton and Regalado ABSENT: Commissioner Sanchez and Teele A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint Robert Krulik as a member of the Waterfront Advisory Board. A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to appoint Neil Mc Aliley, as a member of the Waterfront Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to past absences on record for Neil Mc Aliley as a member of the Waterfront Advisory Board. City of Miami Page 21 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Wendy Kalimar and Lee Smith as members of the Waterfront Advisory Board. A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Tony Muniz and Stuart Sorg as members of the Waterfront Advisory Board. A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Ernest Martin and Philip Everringham as members of the Waterfront Advisory Board. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Chairman Teele and Vice Chairman Sanchez absent, to appoint Jack King and Antonio Llano Montes and as members of the Waterfront Advisory Board. BC.5 04-00305 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Jorge Luis Lopez Lazaro Lopez Ron Stone (Deferred appointment) (Deferred appointment) (Deferred appointment) NOMINATED BY: Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Johnny Winton Vice Chairman Joe Sanchez Chairman Arthur Teele Chairman Arthur Teele 04-00305-memo-1.doc, 04-00305-members-2.doc R-04-0317 MOVED: Angel Gonzalez SECONDED: Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Teele ABSENT: Commissioner Regalado A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint Ron Stone as a member of the Orange Bowl Advisory Board. A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Jorge Luis City of Miami Page 22 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 Lopez and Lazaro Lopez as members of the Orange Bowl Advisory Board. BC.6 04-00306 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Lazaro Lopez Commissioner Angel Gonzalez Shane Graber Commissioner Johnny Winton Monique Taylor Commissioner Tomas Regalado (Appointment deferred) Vice Chairman Joe Sanchez James Moss Chairman Arthur Teele 04-00306-memo-1.doc, 04-00306-MEMBERS-2.doc R-04-0320 MOVED: Tomas Regalado SECONDED: Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton and Regalado ABSENT: Commissioner Sanchez and Teele A motion was made by Commissioner Winton , seconded by Commissioner Gonzalez„ and was passed unanimously, with Commissioner Regalado absent, to appoint Shane Graber as a member of the Nuisance Abatement Board. A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Lazaro Lopez as a member of the Nuisance Abatement Board. A motion was made by Chairman Teele, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint James Moss as a member of the Nuisance Abatement Board. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Chairman Teele and Vice Chairman Sanchez absent, to appoint Monique Taylor as a member of the Nuisance Abatement Board. BC.7 04-00307 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND City of Miami Page 23 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Luis Cabrera Commissioner Tomas Regalado Jason Manowitz Commissioner Tomas Regalado Albena Sumner Chairman Arthur Teele Ronda Vangates Chairman Arthur Teele Kay Apfel Commissioner Johnny Winton 04-00307-memo-1 .doc, 04-00307-MEMBERS-2.doc, 04-00307 - resignation - 3. pdf R-04-0319 MOVED: Tomas Regalado SECONDED: Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton and Regalado ABSENT: Commissioner Sanchez and Teele A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint Kay Apfel to replace Suzanne Peters, as a member of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Ronda Vangates, as a member of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to past absences on record for Ronda Vangates as a member of the Homeland Defense/Neighborhood Improvement Bond Progam Oversight Board. A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Albena Sumner as a member of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Chairman Teele and Vice Chairman Sanchez absent, to appoint Luis Cabrera and Jason Manowitz, as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. BC.8 04-00309 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK City of Miami Page 2-1 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ralph Duharte Commissioner Angel Gonzalez Steve Alexander Commissioner Johnny Winton (No appointment made) Vice Chairman Joe Sanchez Frank Herrera Commissioner Tomas Regalado (No appointment made) Chairman Arthur Teele Ruth Greenfield Commission At -Large Lawrence "Monk" Terry Commission At -Large Elena Carpenter Commission At -Large 04-00309-memo-1.doc, 04-00309-members-2.doc R-04-0318 MOVED: Tomas Regalado SECONDED: Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton and Regalado ABSENT: Commissioner Sanchez and Teele A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Ruth Greenfield and Elena Carpenter as at -large members of the Bayfront Park Management Trust. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Lawrence "Monk" Terry, as a member of the Bayfront Park Management Trust; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to past absences on record for Lawrence "Monk" Terry as a member of the Bayfront Park Management Trust. A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to appoint Steve Alexander as a member of the Bayfront Park Management Trust. A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Ralph Duharte as a member of the Bayfront Park Management Trust. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Chairman Teele and Vice Chairman Sanchez absent, to City of Miami Page 25 Printed on 5 11 200-1 City Commission Marked Agenda May 6, 2004 appoint Frank Herrera as a member of the Bayfront Park Management Trust. BC.9 04-00449 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL (CIP) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Dr. Tangier Scott Civilian Investigative Panel 04-00449-memo-1 .doc, 04-00449-members-2.doc, 04-00449 - Scott application - 3.pdf, 04-00449 -Roulhac resignation - 4.pdf R-04-0307 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Direction to the City Clerk and City Attorney by Chairman Teele to clarify the process of arranging meetings with the Commission for the purposes of introducing nominations to boards and Executive Directors; further directing that newly appointed Civilian Investigative Panel (CIP) board member Ms. Tangier Scott make arrangements to meet with each Commissioner individually. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Gonzalez absent, to state that it is the desire of the Commission that most Civilian Investigative Panel (CIP) board meetings be held in the Chambers at City Hall and be televised; further requesting that the Commission receive notice if a meeting will not be televised or held at City Hall prior to the meeting being held. City of Miami Page 26 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 DISCUSSION ITEMS DI.1 04-00429 DISCUSSION ITEM A DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. 04-00429- cover memo.pdf DEFERRED DI.2 04-00386 DISCUSSION ITEM DISCUSSION CONCERNING A WORKSHOP MEETING WITH THE EXTERNAL AUDITORS TO REVIEW THE FINDINGS AND RECOMMENDATIONS OF THE AUDIT. 04-00386- cover memo.pdf MOTION A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to accept the report from the Finance Director. City of Miami Page 27 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 PART B The following items shall not be considered before 3:00 pm. PZ.1 03-0397 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE 0.78 ACRE PARCEL NAMED "PROPOSED TRACT B" LOCATED WITHIN THE AREA APPROXIMATELY TO THE NORTHWEST OF WATSON ISLAND, MIAMI. FLORIDA, FROM "RECREATION" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Recreation" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Watson Island Tract B APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 3, 2003 by a vote of 5-3. See companion File ID 03-0397a, 03-0397b and 03-0397c. PURPOSE: This will allow a unified commercial development site. 03-0397 FR Fact Sheet.PDF, 03-0397 Analysis.PDF, 03-0397 Land Use Map.PDF, 03-0397 & 03-0397a Aerial Map.pdf, 03-0397 PAB Resos.pdf, 03-0397, 03-0397a, 03-0397b & 03-0397c DCA Letter.pdf, 03-0397 FR Legislation DRAFT.PDF, 03-0397 Exhibit A.PDF 12532 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele PZ.2 03-0397a ORDINANCE Second Reading City of Miami Page 28 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 AMENDING PAGE NO. 22 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF THE 0.78 ACRE PARCEL NAMED "PROPOSED TRACT B" LOCATED WITHIN THE AREA APPROXIMATELY TO THE NORTHWEST OF WATSON ISLAND, MIAMI, FLORIDA, FROM PR PARKS AND RECREATION TO C-1 RESTRICTED COMMERCIAL, MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from PR Parks and Recreation to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Watson Island Tract B APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 3, 2003 by a vote of 5-3. See companion File ID 03-0397, 03-0397b and 03-0397c. PURPOSE: This will allow a unified commercial development site. 03-0397a FR Fact Sheet.PDF, 03-0397a Analysis.PDF, 03-0397a Zoning Map.PDF, 03-0397 & 03-0397a Aerial Map.pdf, 03-0397a PAB Resos.pdf. 03-0397, 03-0397a, 03-0397b & 03-0397c DCA Letter.pdf, 03-0397a FR Legislation DRAFT.PDF, 03-0397a Exhibit A.PDF 12533 MOVED: Angel Gonzalez SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele PZ.3 03-0397b ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE 0.79 ACRE PARCEL NAMED "PROPOSED TRACT C" LOCATED WITHIN THE AREA APPROXIMATELY AT THE NORTHWEST OF WATSON ISLAND, MIAMI, FLORIDA; FROM "RESTRICTED COMMERCIAL" TO "RECREATION"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN City of Miami Page 29 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Restricted Commercial" to "Recreation" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Watson Island Tract C APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 3, 2003 by a vote of 7-1. See companion File ID 03-0397, 03-0397a and 03-0397c. PURPOSE: This will allow a unified recreational site. 03-0397b FR Fact Sheet.PDF, 03-0397b Analysis.PDF, 03-0397b Land Use Map.PDF, 03-0397b & 03-0397c Aerial Map.pdf, 03-0397b PAB Resos.pdf, 03-0397, 03-0397a, 03-0397b & 03-0397c DCA Letter.pdf, 03-0397b FR Legislation DRAFT.PDF, 03-0397b Exhibit A.PDF 12534 MOVED: Angel Gonzalez SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele PZ.4 03-0397c ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NO. 22 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF THE 0.79 ACRE PARCEL NAMED "PROPOSED TRACT C" LOCATED WITHIN THE AREA APPROXIMATELY AT THE NORTHWEST OF THE WATSON ISLAND, MIAMI, FLORIDA, FROM C-1 RESTRICTED COMMERCIAL TO PR PARKS AND RECREATION; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Pug 30 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 REQUEST: To Amend Ordinance No. 11000, from C-1 Restricted Commercial to PR Parks and Recreation to Change the Zoning Atlas LOCATION: Watson Island Tract C APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 3, 2003 by a vote of 7-1. See companion File ID 03-0397, 03-0397a and 03-0397b. PURPOSE: This will allow a unified recreational site. 03-0397c FR Fact Sheet.PDF, 03-0397c Analysis.PDF, 03-0397c Zoning Map.PDF, 03-0397b & 03-0397c Aerial Map.pdf, 03-0397c PAB Resos.pdf, 03-0397, 03-0397a, 03-0397b & 03-0397c DCA Letter.pdf, 03-0397c FR Legislation DRAFT.PDF, 03-0397c Exhibit A.PDF 12535 MOVED: Johnny L. Winton SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Direction to the Administration by Commissioner Regalado to meet with representatives of the Florida Department of Transportation (FDOT) to request them to provide free parking to the employees of the Miami Childrens' Musuem on the strip of land located on the east side of the McArthur Causeway. PZ.5 03-0418 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE AND THE INTERGOVERNMENTAL COORDINATION ELEMENT TO INCORPORATE REVISIONS IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE "1995 EVALUATION AND APPRAISAL REPORT ON THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN" AND TO MEET THE REQUIREMENTS OF RULE 9J-5, FLORIDA ADMINISTRATIVE CODE; FURTHER AMENDING THE GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE ELEMENT BY DELETING AN OBJECTIVE AND POLICIES RELATED TO INTERGOVERNMENTAL COORDINATION AND TRANSFERRING THEM INTO THE INTERGOVERNMENTAL COORDINATION ELEMENT; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 31 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 REQUEST: To Amend Ordinance No. 10544 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 17, 2003 by a vote of 6-0. PURPOSE: This will update the Miami Comprehensive Neighborhood Plan in accordance with state requirements. 03-0418 SR Fact Sheet.pdf, 03-0418 Analysis.PDF, 03-0418 PAB Reso.PDF, 03-0418 DCA Letter.pdf, 03-0418 SR Legislation.PDF, 03-0418 Exhibit A.PDF, 03-0418 FR Fact Sheet.PDF, 03-0418 FR Legislation DRAFT.PDF 12536 MOVED: Angel Gonzalez SECONDED: Johnny L. Winton UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele The following item shall not be considered before 4:30 pm. PZ.6 04-00296a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A 90-DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR NEW BUILDINGS IN EXCESS OF 40 FEET IN HEIGHT LOCATED ON THE SOUTHWEST 27TH AVENUE CORRIDOR FROM CORAL WAY TO US-1, EXCLUDING THE WEST SIDE OF THE SOUTHWEST 27TH AVENUE CORRIDOR FROM 25TH STREET TO US-1; PROVIDING FOR A TERM; PROVIDING FOR PENDING APPLICATIONS; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW, UPON COMPLETION OF THE 27TH AVENUE CORRIDOR STUDY AND EFFECTIVE DATE OF THE EARLIER OF 90 DAYS OR THE EFFECTIVE DATE OF THE CURATIVE ORDINANCE ADDRESSING THE REMEDIAL EFFORTS AND IMPLEMENTING STUDY RESULTS IN WHICH CASE THIS ORDINANCE SHALL BE REPEALED; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami Page 32 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 REQUEST: To Establish a 90-Day Temporary Moratorium APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 21, 2004 by a vote of 6-2. This item is related to File ID 04-00296. PURPOSE: This will establish a 90-day temporary moratorium on the acceptance of applications for new buildings located on the SW 27th Avenue corridor from Coral Way to US-1. 04-00296a SR Fact Sheet.pdf, 04-00296a PAB Reso.PDF, 04-00296a Legislation - Modif.PDF, 04-00296a Exhibit A.pdf, 04-00296a - law memo 3.pdf, 04-00296a FR Fact Sheet.pdf, 04-00296a Legislation.pdf 12537 MOVED: Tomas Regalado SECONDED: Joe Sanchez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Winton, Sanchez, Regalado and Teele ABSENT: Commissioner Gonzalez Direction to the City Clerk by Chairman Teele to present the legislation on Item PZ.6 to the Mayor for his signature, or his veto, as soon as possible. [Note: The City Clerk delivered the signature report to the Mayor's Office at the end of today's meeting; the Mayor returned the signed report on May 7, 2004.] A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Gonzalez absent, to direct the administration to schedule at the earliest possible Planning Advisory Board meeting, for its consideration and decision, an ordinance to establish a 90-day temporary moratorium, or other appropriate measure to control height of new buildings along the Southwest 27th Avenue Corridor from Coral Way to US-1, with all the conditions as stated in today's discussion, including four blocks carved out, the opinion of the zoning director, and the words "having obtained all required City approvals related to development permit applications" and the change of the words of development permits; further directing the Manager to schedule said ordinance for first reading at the Commission Meeting currently scheduled for May 27, 2004, if possible, but making all efforts to schedule no later than June 10, 2004. The following item shall not be considered before 6:00 pm. PZ.7 03-0415 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13, AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE KUBIK AT MORNINGSIDE PROJECT, TO BE LOCATED AT APPROXIMATELY 5600-5780 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO BE PROPOSED AS TWO 14-STORY City of Miami Page 33 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 BUILDINGS WITH TWO DESIGN OPTIONS WITH THE "ALTERNATIVE A" OPTION COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 41,745 SQUARE FEET OF RETAIL/RESTAURANT SPACE, AND APPROXIMATELY 422 TOTAL PARKING SPACES; OR THE "ALTERNATIVE B" OPTION WHICH IS COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 33,046 SQUARE FEET OF RETAIL/RESTAURANT SPACE, AND APPROXIMATELY 362 TOTAL PARKING SPACES.; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: Major Use Special Permit for the Kubik at Morningside Project LOCATION: Approximately 5600-5780 Biscayne Boulevard APPLICANT(S): Kubik, LLC; Biscayne Premier Investments, Inc and Mark's Classics Corp APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 17, 2003 by a vote of 4-2. Recommended approval with conditions* of the substantial modification to City Commission on April 7, 2004 by a vote of 5-4. ZONING BOARD: Recommended approval of special exceptions to City Commission on December 15, 2004 by a vote of 9-0. *See supporting documentation. PURPOSE: This will allow a mixed -use multifamily residential development. 03-0415 MUSP Fact Sheet.pdf, 03-0415 MUSP Analysis.PDF, 03-0415 Zoning Map.pdf, 03-0415 Aerial Map.pdf, 03-0415 PAB Resos.PDF, 03-0415 MUSP Application.PDF, 03-0415 Sp Exception Fact Sheet.PDF, 03-0415 Sp Exception Analysis.PDF, 03-0415 ZB Reso.PDF, 03-0415 Sp Exception Application & Supp Docs.PDF, 03-0415 Plans.PDF, 03-0415 Legislation.PDF, 03-0415 Exhibit A.PDF, 03-0415 Exhibit B - Alt A.PDF, 03-0415 Exhibit B - Alt B.PDF, 03-0415 Exhibit C - Alt A.PDF, 03-0415 Exhibit C - Alt B.PDF, 03-0415 - submittal.pdf, COMM-4-22-4.ppt CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to CONTINUE item PZ.7 to the Commission Meeting currently scheduled for June 10, 2004 at 3 p.m.; further requesting the developer of the Kubik Project to meet with area residents to negotiate a solution to neighbors' concerns and come back with a model, in appropriate scaled proportions, showing how this project compares with the surrounding area properties; further directing the Administration to observe the meeting between the developer and the area residents. City of Miami Page 34 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 SUPPLEMENTAL AGENDA DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR. SI.1 04-00438 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF $2,000,000 FROM THE HOMELAND DEFENSE AND NEIGHBORHOOD IMPROVEMENT DISTRICT 5 QUALITY OF LIFE BOND FOR A FOOTBALL/SOCCER MINI -STADIUM WITH A SEATING CAPACITY OF APPROXIMATELY 5,000 TO 6,000 TO BE LOCATED IN THE DISTRICT 5 AREA; FURTHER AUTHORIZING THE EXPENDITURE OF $1,000,000 FROM THE HOMELAND DEFENSE AND NEIGHBORHOOD IMPROVEMENT RANGE PARK BOND ALLOCATION, FOR TOTAL PROJECT COSTS NOT TO EXCEED $3,000,000. R-04-0310 MOVED: Arthur E. Teele, Jr. SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Regalado and Teele ABSENT: Commissioner Sanchez SI.2 04-00442 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ("FUND") ENTITLED "DISTRICT 5 MINI -STADIUM FUND," AND APPROPRIATING SAID FUND WITH PROCEEDS GENERATED FROM THE FIRST FOUR YEARS OF OPERATION OF THE MINI -STADIUM (FOOTBALL/SOCCER) TO BE LOCATED IN THE DISTRICT 5 AREA, SAID PROCEEDS FROM THIS FUND WILL BE USED TO REPAY, TO THE EXTENT IT IS FINANCIALLY FEASIBLE, THE HOMELAND DEFENSE AND NEIGHBORHOOD IMPROVEMENT DISTRICT 5 QUALITY OF LIFE BOND. R-04-0312 MOVED: Angel Gonzalez SECONDED: Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton and Teele ABSENT: Commissioner Sanchez and Regalado SI.3 04-00485 DISCUSSION ITEM DISCUSSION CONCERNING THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI AND BELAFONTE TACOLCY. City of Miami Page 35 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 04-00485 email.pdf DISCUSSED Direction to the Administration by Chairman Teele to develop with non-profit organizations, a resolution that requires every managment contract to provide an annual report before the budget cycle listing the costs of man hours and volunteer time in a grid chart showing what the cost would be if the city provided the same services and the savings that would be incurred. SI.4 04-00486 DISCUSSION ITEM DISCUSSION AND MOTION CONCERNING THE LITTLE HAITI INDUSTRIAL PARK AREAS; FURTHER REQUESTING THAT THE PLANNING DEPARTMENT CONDUCT A SITE VISIT AND PROVIDE RECOMMENDATIONS. 04-00486-email.pdf MOTION A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and passed unanimously, with Vice Chairman Sanchez and Commissioner Regalado absent, directing the City Manager to coordinate a joint meeting with Chairman Teele and the community concerning the Little Haiti Industrial Park areas within the next 60-90 days to hear the concerns of the public and to assure that the City plans to maintain an industrial use there, including a discussion of the FEC study, Little Haiti Park, proposed industrial light use and C-2; further requesting the City Manager to have the Planning Department conduct a site visit and provide recommendations. SI.5 04-00487 DISCUSSION ITEM DISCUSSION AND MOTION CONCERNING A SURVEY AND AUDIT RELATED TO THE EXCESS CAPACITY IN THE PARKING STRUCTURE LOCATED AT THE MIAMI RIVER PARK APARTMENTS, 445 NW 4TH STREET, MIAMI; FURTHER ASKING FOR A REPORT TO THE COMMISSION WITHIN 30 DAYS REGARDING THE EFFECTIVE UTILIZATION OF THE PARKING AND OTHER ASSOCIATED STRUCTURES. 04-00487-email.pdf MOTION A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and passed unanimously, with Vice Chairman Sanchez and Commissioner Regalado absent, directing the City Manager to conduct a survey and audit related to the excess capacity, if any, contained within the parking structure at the Miami River Park Apartments, located at 445 N.W. 4 Street, Miami, Florida; further asking for a report to the Commission within 30-60 days regarding the effective utilization of the parking and other associated structures. RESOLUTION City of Miami Page 36 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 SI.6 04-00484 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, AUTHORIZING THE ACQUISITION OF SERVICES FROM SUNSHINE MEDICAL CENTER, FOR THE PROVISION OF PHYSICAL EXAMINATION SERVICES ON A TEMPORARY MONTHLY BASIS, FOR THE DEPARTMENT OF EMPLOYEE RELATIONS, IN AN AMOUNT NOT TO EXCEED $50,000, UNTIL SUCH TIME THE CITY COMMISSION APPROVES THE CITY MANAGER'S RECOMMENDATION TO AWARD, NEGOTIATE AND EXECUTE, PROFESSIONAL SERVICES AGREEMENTS WITH THE SUCCESSFUL PROPOSER(S), WHOSE PROPOSAL IS DETERMINED TO BE THE MOST ADVANTAGEOUS TO THE CITY OF MIAMI ("MIAMI") IN RESPONSE TO REQUEST FOR PROPOSALS ("RFPS") NOS. 03-04-079, 03-04-80, AND 03-04-081, ALLOCATING FUNDS FROM THE DEPARTMENT OF EMPLOYEE RELATIONS' GENERAL OPERATING BUDGET ACCOUNT CODE NO. 001000.270101.6.260; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 04-00484- cover memo.pdf, 04-00484- budgetary impact.pdf, 04-00484- memo from HR.pdf, 04-00484- memo from purchasing.pdf, 04-00484- memo from HR 2.pdf R-04-0311 MOVED: Tomas Regalado SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Regalado and Teele ABSENT: Commissioner Sanchez DISCUSSION SI.7 04-00489 DISCUSSION ITEM DISCUSSION CONCERNING THE SEARCH FOR A NEW CITY ATTORNEY. 04-00489- cover memo.pdf DISCUSSED Direction to the City Attorney by Chairman Teele to assign an assistant city attorney to work with the City Clerk's office in disseminating the receipt of resumes for the position of City Attorney (The City Attorney named Joel Maxwell to lead this project); further stipulating that there be appropriate notice for the receipt of applications and that all applications be submitted to the Office of the City Clerk. Note for the Record: Chairman Teele stated that each Commisisoner can submit the name of his appointee to the selection committee in writing to the City Clerk or can proffer the name during today's Commission Meeting. City of Miami Page 3 - Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 Discussion on Item SI.7 resulted in the resolution below: (SI.7) 04-00489a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A SELECTION ADVISORY COMMITTEE TO REVIEW AND RECOMMEND CANDIDATES FOR THE POSITION OF CITY ATTORNEY AND TO INCLUDE PERSONAL INTERVIEWS OF THE APPLICANTS AS DETERMINED BY THE COMMITTEE; DESIGNATING THE CHAIRPERSON THEREOF; FURTHER REQUESTING SAID COMMITTEE TO: (A) ADVERTISE THE POSITION OF CITY ATTORNEY FOR THE CITY OF MIAMI FOR 45 DAYS; (B) FOLLOW CERTAIN CRITERIA IN ITS CONSIDERATION; (C) RECOMMEND NO LESS THAN THREE AND NO MORE THAN FIVE APPLICANTS FOR SAID POSITION; AND (D) CONCLUDE ITS PROCESS, IF POSSIBLE, FOR ACTION OF THE CITY COMMISSION, BY JULY 22, 2004. R-04-0305 MOVED: Tomas Regalado SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele City of Miami Page 38 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 SUPPLEMENTAL AGENDA (A) DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ SI.1A 04-00499 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING, IN PRINCIPLE, THE PROPOSED PRELIMINARY TERM SHEET, ATTACHED AND INCORPORATED, BETWEEN THE CITY OF MIAMI, MIAMI-DADE COUNTY AND THE FLORIDA MARLINS, L.P. FOR THE DEVELOPMENT AND CONSTRUCTION OF A RETRACTABLE ROOF BASEBALL STADIUM THAT WILL INCLUDE A 2,500-CAR STRUCTURED PARKING GARAGE. 04-00499- cover memo.pdf, 04-00499- joint memo.pdf, 04-00499- exhibit 1- term sheet.pdf, 04-00499- exhibit 2- appendix A.pdf R-04-0306 MOVED: Joe Sanchez SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Note for the Record: Chairman Teele suggested that the Manager ought to bring in an economic consultant early in this project. City of Miami Page 39 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 NON -AGENDA NA.1 04-00514 DISCUSSION ITEM A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to reconve all future Commission Meetings at 2:30 p.m., beginning with the next Commission Meeting currently scheduled for May 27, 2004. MOTION NA.2 04-00511 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE DIRECTOR OF FINANCE TO PAY BENCH ADS AMERICA, INC.. WITHOUT ADMISSION OF LIABILITY, THE SUM OF $301,016 PLUS RETURN OF SECURITY DEPOSITS HELD BY THE CITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI FOR THE CASE CITY OF MIAMI VS. BENCH ADS AMERICA, INC., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 01-14785 CA (32), UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.650; AUTHORIZING THE CITY MANAGER TO EXECUTE THE STIPULATION FOR SETTLEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. R-04-0324 MOVED: Johnny L. Winton SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Winton, Sanchez, Regalado and Teele NOES: Commissioner Gonzalez Direction to the City Attorney and the City Clerk to research the record concerning Commission discussion related to bus benches in the City of Miami, specifically the cancellation by the City Manager of the Bench Ads America, Inc. contract and provide copies of same to the City Commission. A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and passed unanimously, with Commissioner Winton absent, directing the City Manager to schedule a full discussion of bus benches on the agenda of Commission meeting currently scheduled for June 10, 2004, including a status report of bus benches, bus shelters and all related matters. A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and passed unanimously with Commissioners Winton absent, instructing the City Manager, within the next two weeks, to take appropriate action regarding illegal bus shelters, including to cause the removal of all advertising from bus shelters located within the City of Miami, and to disconnect electricity to bus shelters until there is proper maintenance City of Miami Page 40 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 provided to the bus shelters. NA.3 04-00515 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE THE MAYOR'S INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ray Flores Commissioner Winton R-04-0325 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Teele ABSENT: Commissioner Regalado NA.4 04-00509 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 02-738, ADOPTED JUNE 27, 2002; AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ACKNOWLEDGING THE TRANSFER OF SOUTHWEST TOWING, INC. TO ABSOLUTE MANAGEMENT TRANSFER FOR THE PROVISION OF TOWING SERVICES FOR THE CITY OF MIAMI. 04-00509.exhibit-Acceptance of Assignment.pdf R-04-0322 MOVED: Joe Sanchez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele NA.5 04-00474 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF, OR ANY OTHER ACTIONS IN LAW OR IN EQUITY, RELATED TO THE PROPERTY LOCATED AT 2381 SOUTHWEST 21ST STREET, MIAMI, FLORIDA, TO ABATE VIOLATIONS OF LAW; FURTHER AUTHORIZING THE CITY ATTORNEY TO INITIATE A PUBLIC NUISANCE ACTION AGAINST THE PROPERTY AT 2381 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA. R-04-0323 City of Miami Page 41 Printed on 5/11/2004 City Commission Marked Agenda May 6, 2004 MOVED: Tomas Regalado SECONDED: Johnny L. Winton UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele NA.6 04-00513 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PROVIDING SUPPORT. IN AN AMOUNT NOT TO EXCEED $7,500, TO FACILITATE THE COSTS OF POLICE, FIRE, PERMITS, EQUIPMENT RENTAL, PARKS & RECREATION AND ACCOMPANYING FEE WAIVERS RELATED TO THE 6TH ANNUAL HAITIAN COMPAS FESTIVAL 2004 EVENT, HIGHLIGHTING THE 200TH YEAR BICENTENNIAL OF HAITI, CELEBRATING THE HAITIAN FLAG DAY, TO BE HELD ON SATURDAY, MAY 15, 2004 AT BAYFRONT PARK, 301 NORTH BISCAYNE BOULEVARD, MIAMI, FLORIDA; ALLOCATING FUNDS FROM THE DISTRICT 5 ACCOUNT NO. 001000.920922.6.930; FURTHER DIRECTING THAT SAID ALLOCATION BE MADE TO THE BAYFRONT PARK MANAGEMENT TRUST. R-04-0326 MOVED: Arthur E. Teele, Jr. SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sanchez, Regalado and Teele ABSENT: Commissioner Gonzalez and Winton NA.7 04-00512 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PROVIDING SUPPORT, IN AN AMOUNT NOT TO EXCEED $3,800, TO FACILITATE A LITURGICAL DANCE PRODUCTION TO BE HOSTED BY MCINTYRE INSTITUTE/ECUMENICAL DEVELOPMENTS, INC., WHO ARE COMMITTED IN TRAINING THE COMMUNITY YOUTH IN PROFESSIONAL ARRANGEMENT; ALLOCATING FUNDS FROM THE DISTRICT 5 SPECIAL EVENTS ACCOUNT NO. 001000.921054.6.289; FURTHER DIRECTING THAT THIS ALLOCATION BE MADE TO THE OLYMPIA THEATER LOCATED AT GUSMAN CENTER FOR THE PERFORMING ARTS TO ASSIST WITH THE RELATED COSTS. R-04-0327 MOVED: Arthur E. Teele, Jr. SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sanchez, Regalado and Teele ABSENT: Commissioner Gonzalez and Winton City of Miami Page 41 Printed on 5/11/2004