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HomeMy WebLinkAboutCC 2005-07-28 Marked AgendaCity of Miami Marked Agenda City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chairman Angel Gonzalez, Vice Chairman Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Jeffery L. Allen, Commissioner District Five Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Thursday, July 28, 2005 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 Item 1 which is comprised of items CA.1 through CA.33 may be heard in the number sequence or as announced by the Commission PA - PERSONAL APPEARANCES 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 10:30 A.M. - PH.6 - Approving the Annual Action Plan (2005-2006) 10:30 A.M. - PH.7 - Transferring HOME District 5 Funds - Haven Economic Dev. Inc. City of Miami Page 1 Pointed on 8/1/2005 City Commission Marked Agenda July 28, 2005 10:30 A.M. - PH.8 - Transferring Funds from Poverty Intitiative - Accion U.S.A. Inc. 10:30 A.M. - PH.9 - Amending Reso. No. 04-0687 and 05-0341 10:30 A.M. - PH.10 - Authorizing Transfer of Funds - Allapattah Dev. LLC to Downtown Miami 10:30 A.M. - PH.11 - Transferring HOME Funds to Single Family Rehabilitation Program EM - EMERGENCY ORDINANCES SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES PART B PZ - PLANNING AND ZONING ITEMS The Planning and Zoning items shall not be considered before 10:00 am. City of Miami Page 2 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez, Commissioner Regalado and Commissioner Allen On the 28th day of July 2005, 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 by Chairman Joe Sanchez at 9:29 a.m., with Vice Chairman Gonzalez absent, recessed at 12:28 p.m., reconvened at 2:57 p.m. , and adjourned at 8:16 p.m. Note for the Record: Vice Chairman Gonzalez entered the meeting at 9:38 a.m. ALSO PRESENT: Linda Haskins, Deputy City Manager, Chief Financial Officer Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 05-00744 CEREMONIAL ITEM Name of Honoree Peruvian Independence Day D. Steven Porter Fish and Wildlife Conservation Commission Roly More Solid Waste Employees John Depons Andres Aragon Agnes Pierre Willie Wilkerson Model City Trust's Summer Leadership and Professional Development Program Employers 05-00744-Cover Page.pdf 05-00744-Protocol List.pdf PRESENTED Presenter Mayor Diaz Mayor Diaz Chairman Sanchez Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Allen Protocol Item Proclamation Commendation Commendation Proclamation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificates of Appreciation 1. Mayor Diaz paid tribute to the Honorable Judge John Johnson, for serving as a City of Miami Municipal Judge between 1955 - 1959 trying approximately 50,000 cases, for his 44 year tenure of legal advocacy and for his civic contributions, extraordinary service and dedication to the citizens of Miami. 2. Mayor Diaz presented a proclamation to members of the Fish and Wildlife Conservation District for their commendable service during the 2003 conference of the Free Trade Agreement of the Americas (FTAA) event held in the City of Miami. 3. Mayor Diaz presented a proclamation to Dr. Steven Porter, paying tribute for his valuable leadership and extraordinary dedication as executive director of Touching Miami with Love, a Christian Ministry in service to the people of Overtown and as a member of the Overtown Advisory Board and advisor to the Overtown Youth Center. 4. Mayor Diaz presented a proclamation to the Consul General of Peru in honor of Peruvian City of Miami Page 3 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 Independence Day. 5. Commissioner Regalado presented a Medal of Honor for Distinguished Public Service to Roly More, grandson of famous Cuban singer Benny More and an EMS team member, for his team's efforts in saving the life of an individual in an Adult Living Facility in District 4 and for his work and dedication to the community. 6. Commissioner Regalado presented Certificates of Appreciation to Solid Waste Employees: John Depons, Andres Aragon, Agnes Pierre and Willie Wilkerson for their assistance in cleaning up after the Flagami Fiestas in District 4. 7. Commissioner Allen presented a Certificates of Appreciation to the following companies who participated in the Model City Trust Summer Leadership & Professional Development Program which offers exemplary students the opportunity to use practical work experience to shape their careers, build their skills and provide references for the future: Jasper Enterprises Inc., Martin Luther King - Economic Development Corporation, Neighbors and Neighbors Association, Economic Opportunity Family Health Center, Sharpp & Company, P.A., Spotlight Computer and Technologies, Tacolcy Economic Devlopment Center, Regions Bank, Financial Services Organization, The Knox Firm, Empowerment Zone Trust, Inc., Office of Congressman Kendrick B. Meek, McBayne Construction & Renovation, Tricia/Dean Partnership, Strebor Medical Center, Southern Experience Catering, Charles Hadley Park, El Portal Police Station, Miami -Dade Department of Corrections, City of Miami Department of Parks & Recreation, Community Action Agency & WATSON RICE 8. Mayor Diaz recognized exchange students from the Japan 2005 Miami -Kagoshima Student Exchange Program. 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.) NO MAYORAL VETOES APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planning and Zoning Meeting of June 23, 2005 MOVED: Jeffery L. Allen SECONDED: Johnny L. Winton UNANIMOUS Motion to APPROVE PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen ORDER OF THE DAY CONSENT AGENDA CA.1 05-00541 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Information ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Technology MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DATASTREAM SYSTEMS, INC., FOR THE ACQUISITION OF MAINTENANCE OF PROPRIETARY SOFTWARE AND SUPPORT SERVICES, OF THE MP2 SYSTEM, IN ACCORDANCE WITH CHAPTER 18, SECTION City of Miami Page 4 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 CA.2 05-00656 Department of General Services Administration CA.3 05-00657 Department of Capital Improvement Programs/Transpor tation 18-86(3)(D) OF THE PURCHASING ORDINANCE, FOR A ONE-YEAR PERIOD, WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT A PROPOSED ANNUAL COST NOT TO EXCEED $26,261, FOR FISCAL YEAR 2005 - 2006, $29,000, FOR FISCAL YEAR 2006-2007 AND $31,000, FOR FISCAL YEAR 2007-2008; ALLOCATING FUNDS FOR FISCAL YEAR 2005-2006 FROM THE DEPARTMENT OF INFORMATION TECHNOLOGY GENERAL FUNDS ACCOUNT NO. 001000.460101.6.670, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. 05-00541 Legislation.pdf 05-00541 Exhibit.pdf 05-00541 Summary Form.pdf 05-00541 Data Stream Letter.pdf R-05-0439 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION INCREASING THE CONTRACT AWARDED TO SABRE COMMUNICATIONS CORPORATION, PURSUANT TO RESOLUTION NO 04-0216, ADOPTED APRIL 8, 2004, FURTHER AMENDED BY RESOLUTION NO. 04-0780, ADOPTED DECEMBER 9, 2004, FOR THE CHANGE ORDER PREPARED TO COVER UNFORESEEN FOUNDATION MATERIAL COST INCREASES, FOR THE TOWER REPLACEMENT PROJECT AT FIRE STATION NO. 11, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, IN THE AMOUNT NOT TO EXCEED $3,500, INCREASING THE TOTAL CONTRACT AMOUNT FROM $107,208 TO $110,708; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. 311052.429401.6.840, B-74202; AMENDING RESOLUTION NO. 04-780, TO REFLECT SAID INCREASE. 05-00656-Leg islation. pdf 05-00656-Summary Form.pdf 05-00656-Previous attach ments.pdf 05-00656-Previous Reso.pdf 05-00656-Previous memo.pdf 05-00656-Previous Reso2.pdf 05-00656-Previous Reso3.pdf 05-00656-Previous memo2.pdf R-05-0440 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE LOCALLY FUNDED AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF MIAMI, PURSUANT TO RESOLUTION NO. 04-0691, ADOPTED OCTOBER 28, 2004, FOR THE City of Miami Page 5 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 CA.4 05-00658 Department of Finance CA.5 05-00659 Department of Parks and Recreation BISCAYNE BOULEVARD CROSS STREETS CONVERSION PROJECT, B-33100, IN AN AMOUNT NOT TO EXCEED $20,595, INCREASING THE TOTAL CONTRACT AMOUNT FROM $90,000 TO $110,595; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $20,595, FROM CAPITAL IMPROVEMENTS PROJECT NO. 341330 ENTITLED "CITYWIDE TRANSPORTATION AND TRANSIT," FOR SAID PURPOSE. 05-00657 Legislation.pdf 05-00657 Exhibit 1.pdf 05-00657 Exhibit 2.pdf 05-00657 Exhibit 3.pdf 05-00657 Exhibit 4.pdf 05-00657 Exhibit 5.pdf 05-00657Summary Form.pdf 05-00657FDOT letter.pdf 05-00657Previous Reso.pdf R-05-0441 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR LETTERS OF INTEREST NO. 04-05-034, THAT THE FIRM MOST QUALIFIED TO PROVIDE PARKING SURCHARGE ADMINISTRATION SERVICES IS THE PARKING NETWORK, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE PARKING NETWORK, INC., THE TOP -RANKED FIRM, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, AT A COST OUTLINED IN "ATTACHMENT B" OF THE AGREEMENT AND AUTHORIZED PURSUANT TO ORDINANCE NO. 11813, ADOPTED JULY 13, 1999; ALLOCATING FUNDS FROM ACCOUNT NO. 001000.260415.6.270. 05-00658 Legislation.pdf 05-00658 Exhibit.pdf 05-00658 Summary Form.pdf 05-00658 Memo- Evaluation Committee.pdf 05-00658 Final Tabulation Results.pdf 05-00658 Previous Legislation.pdf R-05-0442 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF TWENTY-FIVE (25) TORO ZERO RADIUS TRACTOR MOWERS OF VARIOUS TYPES, FROM WESCO TURF SUPPLY, INC., FOR THE PROVISION OF LAWN EQUIPMENT FOR THE DEPARTMENT OF PARKS AND RECREATION OPERATIONS DIVISION, UTILIZING STATE OF City of Miami Page 6 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 CA.6 05-00660 Department of Police FLORIDA LAWN EQUIPMENT CONTRACT NO. 515-630-03-1, EFFECTIVE UNTIL MAY 20, 2006, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, AT A TOTAL AMOUNT NOT TO EXCEED $146,449; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $49,968, FROM THE PARKS FACILITY ACCOUNT NO. 331369.589301.6.830, AND AN AMOUNT NOT TO EXCEED $96,481 FROM PARKS OPERATIONS ACCOUNT NO. 001000.580302.6.840. 05-00659 Legislation.pdf 05-00659 Summary Form.pdf 05-00659 List of Contractors.pdf 05-00659Dept. Mgmt.Serv. memos.pdf 05-00659Contract Administrator cover page.pdf 05-00659Technical Specifications.pdf 05-00659Dept. Mgmt. Serv.memo2.pdf 05-00659Price Sheet.pdf 05-00659Certification of Contract.pdf 05-006590rdering Instructions.pdf R-05-0443 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, TO CONTINUE PROVIDING THEIR CITIZENS WITH A SINGLE, PRIMARY THREE -DIGIT EMERGENCY NUMBER (911), AS IS INTENDED AND OUTLINED IN THE FLORIDA EMERGENCY TELEPHONE ACT, SECTION 365.171, FLORIDA STATUTES AND THE WIRELESS EMERGENCY COMMUNICATIONS ACT, SECTION 365.172, FLORIDA STATUTES. 05-00660 Legislation.pdf 05-00660 Exhibit.pdf 05-00660 Summary Form.pdf 05-00660 2004 FL. Statutes.pdf R-05-0444 MOVED: Angel Gonzalez SECONDED: Tomas Regalado Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez and Regalado ABSENT: Commissioner Winton and Allen A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioners Allen and Winton absent, to reconsider previous vote on Item CA. 6. Note for the Record: Item CA. 6 originally passed on the Consent Agenda. It subsequently was reconsidered and passed with modifications. City of Miami Page 7 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 CA.7 05-00661 Department of Public Works CA.8 05-00662 Department of Public Works RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF TEXAS AQUATIC HARVESTING, INC., FOR THE PROJECT ENTITLED "CITYWIDE CANAL MAINTENANCE PROJECT, B-30255," FOR A TWO-YEAR PERIOD, IN THE ANNUAL AMOUNT NOT TO EXCEED $599,430, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,198,860, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $1,198,860, FROM PUBLIC WORKS GENERAL ACCOUNT NO. 001000.311003.6.340, PENDING FUNDING AND APPROPRIATION APPROVAL OF THE FISCAL YEAR 2006 BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 05-00661 Legislation.pdf 05-00661 - Exhibit 1.pdf 05-00661 - Exhibit 2.pdf 05-00661 - Exhibit 3.pdf 05-00661 - Exhibit 4.pdf 05-00661 - Exhibit 5.pdf 05-00661 - Exhibit 6.pdf 05-00661 - Exhibit 7.pdf 05-00661 - Exhibit 8.pdf 05-00661 Summary Form.pdf 05-00661 Fact Sheet.pdf 05-00661 Tabulations.pdf WITHDRAWN A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to withdraw Item CA.7. Direction to the Administration by Vice Chairman Gonzalez to continue to use the company that is currently cleaning up the Comfort Canal until a long-term contract comes back for Commission consideration in September; further requesting that the Administration put out a a long-term bid so that the City does not have to keep contracting out this service every couple of months at the taxpayer's expense. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF ENVIROWASTE SERVICES GROUP, INC., FOR THE PROJECT ENTITLED "CITYWIDE STORM SEWER INLET CLEANING PROJECT -NORTH ZONE, B-50711," FOR A TWO-YEAR PERIOD, IN THE ANNUAL AMOUNT NOT TO EXCEED $239,635, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $479,270, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $479,270, FROM PUBLIC WORKS GENERAL ACCOUNT NO. 001000.311003.6.340; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. City of Miami Page 8 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 CA.9 05-00663 Department of Public Works CA.10 05-00664 Department of Public Works 05-00662 Legislation.pdf 05-00662 Exhibit 1.pdf 05-00662 Exhibit 2.pdf 05-00662 Exhibit 3.pdf 05-00662 Exhibit 4.pdf 05-00662 Summary Form.pdf 05-00662 Fact Sheet.pdf 05-00662 Tabulation of Bids.pdf R-05-0445 This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF ENVIROWASTE SERVICES GROUP, INC., FOR THE PROJECT ENTITLED "CITYWIDE OUTFALL CLEANING PROJECT, B-30256," FOR A TWO-YEAR PERIOD, IN THE ANNUAL AMOUNT NOT TO EXCEED $199,995, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $399,990, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $399,990, FROM PUBLIC WORKS GENERAL ACCOUNT NO. 001000.311003.6.340; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 05-00663 Legislation.pdf 05-00663 Exhibit 1.pdf 05-00663 Exhibit 2.pdf 05-00663 Exhibit 3.pdf 05-00663 Exhibit 4.pdf 05-00663 Exhibit 5.pdf 05-00663 Summary Form.pdf 05-00663 Fact Sheet.pdf 05-00663 Tabulation of Bids.pdf R-05-0446 This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF ENVIROWASTE SERVICES GROUP, INC., FOR THE PROJECT ENTITLED "CITYWIDE STORM SEWER INLET CLEANING PROJECT -SOUTH ZONE, B-50717," FOR A TWO-YEAR PERIOD, IN THE ANNUAL AMOUNT NOT TO EXCEED $149,805, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $299,610, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $299,610, FROM PUBLIC WORKS GENERAL ACCOUNT NO. 001000.311003.6.340; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. City of Miami Page 9 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 CA.11 05-00665 Department of Police CA.12 05-00666 Department of Purchasing 05-00664 Legislation.pdf 05-00664 Exhibit 1.pdf 05-00664 Exhibit 2.pdf 05-00664 Exhibit 3.pdf 05-00664 Exhibit 4.pdf 05-00664 Summary Form.pdf 05-00664 Fact Sheet.pdf 05-00664 Tabulation of Bids.pdf R-05-0447 This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE MEMBER AGENCIES OF THE CHILD ABDUCTION RESPONSE TEAM AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT, TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ADEQUATELY RESPOND TO CONTINUING, MULTI -JURISDICTIONAL CRIMINAL ACTIVITY, SO AS TO PROTECT THE PUBLIC PEACE AND SAFETY AND PRESERVE THE LIVES AND PROPERTY OF THE CITIZENS, AS DEFINED IN PART 1, CHAPTER 23, FLORIDA STATUTES. 05-0065 Legislation.pdf 05-0065 Exhibit.pdf 05-0065 Summary Form.pdf 05-0065 Routing Slip.pdf 05-0065 FDLE Letter.pdf R-05-0448 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 02-618, ADOPTED JUNE 13, 2002, FOR THE PROVISION OF CITY-WIDE LOT CLEARING SERVICES FOR THE OFFICE OF NEIGHBORHOOD ENHANCEMENT TEAM (NET), ON AN AS -NEEDED CONTRACT BASIS, TO REFLECT THE CORRECT OPTION TO RENEW CONTRACT TERM FROM A ONE-YEAR TERM WITH TWO (2) ADDITIONAL ONE-YEAR PERIODS, TO A ONE-YEAR TERM WITH THREE (3) ADDITIONAL ONE-YEAR PERIODS; AMENDING SAID RESOLUTION TO REFLECT THE CORRECT LANGUAGE. 05-00666 Legislation.pdf 05-00666 Summary Form.pdf 05-00666 Interoffice memo.pdf 05-00666 Contract Extension Form.pdf 05-00666 Previous Resolution.pdf 05-00666 RFQ.pdf City of Miami Page 10 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 CA.13 05-00667 Department of General Services Administration CA.14 05-00668 Department of Police R-05-0449 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID OF RC TIRE ROAD SERVICE, INC., RECEIVED ON MAY 4, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-022, FOR THE PROVISION OF SPECIALIZED FLAT TIRE REPAIR SERVICES, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, FLEET MANAGEMENT DIVISION, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $40,000, FOR AN ESTIMATED TOTAL CONTRACT AMOUNT NOT TO EXCEED $160,000; ALLOCATING FUNDS FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, ACCOUNT CODE NO. 503001.420905.6.670. 05-00667 Legislation.pdf 05-00667 Summary Form.pdf 05-00667 Award Recommendation and Approval Form.pdf 05-00667 Award Sheet.pdf 05-00667 Tabulation Sheet.pdf 05-00667 Bid Security List.pdf 05-00667 Letter.pdf WITHDRAWN A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to withdraw Item CA.13. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PURCHASE OF ONE LENCO BEARCAT ARMORED TACTICAL DEPLOYMENT AND RESCUE VEHICLE, FROM LENCO ARMORED VEHICLES, CONSISTING OF EQUIPMENT LISTED ON "ATTACHMENT 1," ATTACHED AND INCORPORATED, AS AUTHORIZED UNDER A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI DEPARTMENT OF POLICE AND THE STATE OF FLORIDA COUNTER -DRUG PROCUREMENT PROGRAM, ESTABLISHED AND MAINTAINED PURSUANT TO NATIONAL DEFENSE AUTHORIZATION ACT SECTION 1122, KNOWN AS THE "1122 PROGRAM," FOR THE DEPARTMENT OF POLICE, IN A TOTAL AMOUNT NOT TO EXCEED $191,796; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $188,000, FROM THE URBAN AREAS SECURITY INITIATIVE ("UASI") GRANT PROGRAM III, FISCAL YEAR 2004, ACCOUNT CODE NO. 110143.280911.6.840 AND IN THE AMOUNT NOT TO EXCEED $3,796, FROM THE UASI GRANT PROGRAM II, FISCAL YEAR 2003, ACCOUNT CODE NO. 110111.280910.6.840. City of Miami Page 11 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 CA.15 05-00669 Department of Fire -Rescue CA.16 05-00670 05-00668 Legislation.pdf 05-00668 Exhibit.pdf 05-00668 Summary Form.pdf 05-00668 Tables.pdf 05-00668 Letter.pdf 05-00668 Email.pdf 05-00668 Letter 2.pdf 05-00668 Memo of Agreement.pdf 05-00668 Procurement Program.pdf R-05-0450 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PRACTICE MANAGEMENT SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND PST SERVICES, INC., D/B/A PER -SE TECHNOLOGIES, UNDER THE EXISTING CITY OF OAKLAND PARK, FLORIDA, AWARD OF REQUEST FOR PROPOSALS NO. 082704EMS, TO PROVIDE EMERGENCY MEDICAL TRANSPORT BILLING AND COLLECTIONS SERVICES, FOR THE DEPARTMENT OF FIRE -RESCUE, AT A PROPOSED COST OF 6% OF THE NET AMOUNT COLLECTED AND A FLAT FEE OF $7.50, PER MEDICAID CLAIM, FOR A TERM OF THREE (3) YEARS, EFFECTIVE UNTIL DECEMBER 31, 2007, WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL YEAR; ALLOCATING FUNDS FROM SAID COLLECTIONS, FROM THE DEPARTMENT OF FIRE -RESCUE GENERAL ACCOUNT NO. 001000.280601.6.340, SUBJECT ONLY TO BUDGETARY APPROVAL. 05-00669 Legislation.pdf 05-00669 Exhibit.pdf 05-00669 Summary Form.pdf 05-00669 Per Se Technologies letter.pdf 05-00669 Bid Tab.pdf 05-00669 City of Oakland-Memo.pdf 05-00669 Per Se Practice Management Services Agreement.pdf 05-00669 City of Oakland -Agenda Item Report.pdf 05-00669 City of Oakland-Resolution.pdf 05-00669 City of Oakland -Purchasing Dept. RFP.pdf 05-00669 First Amendment and Extension to Services Agreement.pdf 05-00669 Corporate Resolution.pdf 05-00669 Master Report.pdf 05-00669 Previous Resolution.pdf 05-00669 Risk Management Insurance Safety Approval Form.pdf 05-00669 Certificate of Liability Insurance.pdf R-05-0451 This Matter was ADOPTED on the Consent Agenda. RESOLUTION City of Miami Page 12 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 Department of Parks and Recreation CA.17 05-00671 Department of Economic Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "THE CHILDREN'S TRUST GRANT," TO FUND THE DEPARTMENT OF PARKS AND RECREATION'S HEART OF OUR PARKS SCHOOL YEAR RECREATION, CULTURAL AND CORE EDUCATIONAL OUT -OF -SCHOOL TIME PROGRAMS AT JUAN PABLO DUARTE PARK, JOSE MARTI PARK, WILLIAMS PARK, AFRICAN SQUARE PARK AND SHENANDOAH PARK AND APPROPRIATING FUNDS, IN THE AMOUNT OF $1,393,979.68, CONSISTING OF A GRANT, FROM THE CHILDREN'S TRUST, IN THE AMOUNT OF $500,000, WITH REQUIRED MATCHING FUNDS FROM THE CITY OF MIAMI ("CITY"), IN THE AMOUNT OF $893,979.68; ALLOCATING SAID MATCHING FUNDS FROM THE STATE OF FLORIDA, DEPARTMENT OF HEALTH, IN THE AMOUNT OF $32,711.25 AND THE DEPARTMENT OF PARKS AND RECREATION GENERAL FUND IN THE AMOUNT OF $861,268.43; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CHILDREN'S TRUST AND THE CITY, FOR SAID PURPOSE. 05-00670 Legislation.pdf 05-00670 Exhibit.pdf 05-00670 Summary Form.pdf 05-00670 Children's Trust Letter.pdf R-05-0452 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 04-0728, ADOPTED NOVEMBER 18, 2004, IN ITS ENTIRETY, AND THE LEASE AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI ("LESSEE") AND RAYOS DEL SOL, LTD., A LIMITED PARTNERSHIP ("LESSOR"), PURSUANT TO SAID RESOLUTION; AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE LESSEE AND LESSOR, FOR USE OF APPROXIMATELY 1,236 SQUARE FEET OF OFFICE SPACE, LOCATED AT 185 NORTHWEST 13TH AVENUE, MIAMI, FLORIDA, TO RELOCATE THE OPERATION OF THE EAST LITTLE HAVANA NEIGHBORHOOD ENHANCEMENT TEAM, TO PROVIDE FOR THE FOLLOWING: 1) A SEVEN-YEAR TERM COMMENCING NO LATER THAN FOUR MONTHS AFTER LESSEE ISSUES NOTICE TO PROCEED WITH CONSTRUCTION OF THE PREMISES TO LESSOR AND LESSEE PHYSICALLY OCCUPIES THE PREMISES, WITH AN OPTION TO EXTEND FOR TWO ADDITIONAL FIVE-YEAR TERMS SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES; 2) LESSEE SHALL PAY RENT FOR THE FIRST YEAR, AT A RATE OF $12, PER SQUARE FOOT, OR AN AMOUNT NOT TO EXCEED $1,236, PER MONTH, WITH RENT FOR SUBSEQUENT TERM YEARS TO BE ADJUSTED BASED ON INCREASES IN THE CONSUMER PRICE INDEX; 3) LESSOR TO PROVIDE LESSEE WITH COMPLETE BUILD -OUT OF THE PREMISES; AND 4) LESSOR TO PAY ALL COMMON AREA OPERATING CHARGES AND PROVIDE FOUR RESERVED PARKING SPACES FOR LESSEE, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. City of Miami Page 13 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 CA.18 05-00672 Department of Planning CA.19 05-00673 Department of Police 05-00671 Legislation.pdf 05-00671 Exhibit 1.pdf 05-00671 Exhibit 2.pdf 05-00671 Exhibit 3.pdf 05-00671 Summary Form.pdf 05-00671 Previous Resolution.pdf R-05-0453 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A NEGOTIATED PROFESSIONAL SERVICES AGREEMENT WITH SASAKI ASSOCIATES, INC., TO PROVIDE A MASTER PLAN FOR THE COCONUT GROVE WATERFRONT AND SPOIL ISLANDS, PROJECT B30182, IN AN AMOUNT NOT TO EXCEED $600,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") ACCOUNT NO. 326015, IN AN AMOUNT NOT TO EXCEED $250,000 AND CIP ACCOUNT NO. 311047, IN AN AMOUNT NOT TO EXCEED $350,000, FOR SAID PURPOSE. 05-00672 Legislation.pdf 05-00672 Exhibit 1.pdf 05-00672 Exhibit 2.pdf 05-00672 Exhibit 3.pdf 05-00672 Exhibit 4.pdf 05-00672 Exhibit 5.pdf 05-00672 Exhibit 6.pdf 05-00672 Exhibit 7.pdf 05-00672 Summary Form .pdf R-05-0454 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL NO. 04-05-091, THAT THE FIRM MOST QUALIFIED TO PROVIDE A HELICOPTER, FOR THE DEPARTMENT OF POLICE IS AMERICAN EUROCOPTER, LLC; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH AMERICAN EUROCOPTER, LLC, IN AN AMOUNT NOT TO EXCEED $1,724,764; ALLOCATING FUNDS FROM URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM II, FISCAL YEAR 2004, ACCOUNT CODE NO. 110143.280911.6.840. 05-00673 Legislation.pdf 05-00673 Exhibit.pdf 05-00673 Summary Form.pdf City of Miami Page 14 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 CA.20 05-00674 Department of Economic Development CA.21 05-00675 Bayfront Park Management Trust R-05-0455 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A TWENTY-FIVE YEAR AIRSPACE AGREEMENT AND ADDENDUM TO AIRSPACE AGREEMENT (COLLECTIVELY "AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE USE OF RIGHT-OF-WAY PROPERTY UNDER INTERSTATE 1-95 BETWEEN NORTHWEST 10TH STREET AND NORTHWEST 11TH STREET, MIAMI, FLORIDA, (ATHALIE RANGE AMENITY AREA"), FOR PUBLIC PURPOSE AND USE AS A RECREATIONAL AREA, WITH THE CITY OF MIAMI MAKING CERTAIN CAPITAL IMPROVEMENTS AND MAINTAINING SAID AMENITY AREA, SUBJECT TO FDOT'S APPROVAL OF SAID IMPROVEMENTS ON SAID AMENITY AREA, WITH ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 05-00674 Legislation.pdf 05-00674 Exhibit 1.pdf 05-00674 Exhibit 2.pdf 05-00674 Exhibit 3.pdf 05-00674 Summary Form.pdf WITHDRAWN A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to withdraw Item CA.20. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST TO ENTER INTO A CONCESSION LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SKYLIFT HOLDING, LLC, TO MANAGE AND OPERATE A TETHERED BALLOON RIDE AT BAYFRONT PARK. 05-00675 - Legislation.pdf 05-00675 - Exhibit 1.pdf 05-00675 - Exhibit 2.pdf 05-00675 - Exhibit 3.pdf 05-00675 - Exhibit 4.pdf 05-00675 - Exhibit 5.pdf 05-00675 - Exhibit 6.pdf 05-00675 - Exhibit 7.pdf 05-00675 - Exhibit 8.pdf 05-00675 - Exhibit 9.pdf 05-00675 - Exhibit 10.pdf 05-00675 Memo.pdf R-05-0456 This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. City of Miami Page 15 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 CA.22 05-00676 Department of Information Technology CA.23 05-00677 Department of Economic Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACQUISITION OF A POINT OF SALES CASHIERING SYSTEM, WHICH INCLUDES HARDWARE, SOFTWARE, INTEGRATION SERVICES, LIMITED EXPANSION, AND MAINTENANCE SERVICES, FROM WONDERWARE, INC., D/B/A CORE BUSINESS TECHNOLOGIES, UTILIZING EXISTING CLARK COUNTY, WASHINGTON REQUEST FOR PROPOSALS NO. 365, EFFECTIVE FOR A FIVE (5) YEAR PERIOD, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY CLARK COUNTY, WASHINGTON, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES, ON AN AS -NEEDED CONTRACT BASIS, IN AN AMOUNT NOT TO EXCEED $150,000; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENT PROJECT ACCOUNT CODE NO. 311613, IN THE AMOUNT NOT TO EXCEED $120,000 AND FROM GENERAL FUND ACCOUNT CODE NOS. 001000.460101.6.335, 001000.460101.6.270 AND 001000.460101.6.670, IN THE AMOUNT NOT TO EXCEED $30,000; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-00676 Legislation.pdf 05-00676 Exhibit 1.pdf 05-00676 Exhibit 2.pdf 05-00676 Exhibit 3.pdf 05-00676 Exhibit 4.pdf 05-00676 Exhibit 5.pdf 05-00676 Exhibit 6.pdf 05-00676 Exhibit 7.pdf 05-00676 Exhibit 8.pdf 05-00676 Exhibit 9.pdf 05-00676 Summary Form.pdf 05-00676 Award Recommendation Approval Form.pdf R-05-0457 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT NO. 2, IN THE ATTACHED FORM, TO THE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), ORIGINALLY DATED JANUARY 12, 1999, DECREASING THE AMOUNT OF FDOT'S FUNDING FOR THE DESIGN AND CONSTRUCTION OF THE PUBLIC HELIPORT PROJECT ON WATSON ISLAND DUE TO THE MODIFIED SCOPE OF SERVICES, FROM $4,700,419 TO $1,000,000; AMENDING THE PREVIOUS APPROPRIATION OF SAID FUNDS TO REFLECT THE REDUCTION IN FDOT'S FUNDING TO $1,000,000. City of Miami Page 16 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 CA.24 05-00678 Department of Capital Improvement Programs/Transpor Cation CA.25 05-00679 Office of the City Attorney 05-00677- Legislation.pdf 05-00677- Exhibit 1.pdf 05-00677- Exhibit 2.pdf 05-00677- Exhibit 3.pdf 05-00677- Summary Form.pdf R-05-0458 This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CITY OF MIAMI STREETCAR, CAPITAL IMPROVEMENT PROJECT NO. 341330, B-71215, WHICH PROVIDES FOR THE CONTRIBUTION OF STATE FUNDS IN THE TOTAL AMOUNT NOT TO EXCEED $2,790,000, FOR ALTERNATIVES ANALYSIS, ENVIRONMENTAL DOCUMENTATION, PRELIMINARY ENGINEERING AND PROGRAM/PROJECT MANAGEMENT SERVICES ASSOCIATED WITH THE INITIAL IMPLEMENTATION OF THE "CITY OF MIAMI INITIAL STREETCAR CORRIDOR FEASIBILITY STUDY." 05-00678 Legislation.pdf 05-00678 Exhibit 1.pdf 05-00678 Exhibit 2.pdf 05-00678 Exhibit 3.pdf 05-00678 Exhibit 4.pdf 05-00678 Summary Form.pdf 05-00678 Master Report.pdf 05-00678 Feasibilty Study.pdf R-05-0459 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MICHAEL FEILER, ESQUIRE, TRUST ACCOUNT, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $175,000, 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 DAISY MONTES V. THE CITY OF MIAMI, IN THE UNITED STATED DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 03-20065-CIV-GOLD/SIMONTON, UPON THE EXECUTION OF A GENERAL RELEASE, ACCEPTABLE TO THE CITY ATTORNEY, OF ALL CLAIMS AND 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. 515001.624401.6.661. City of Miami Page 17 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 CA.26 05-00685 Department of Police CA.27 05-00686 Department of Capital Improvement Programs/Transpor tation 05-00679- Legislation.pdf 05-00679- Cover Memo.pdf 05-00679- Buget Memo.pdf R-05-0460 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED FUNDING OF PROTRACTED, COMPLEX INVESTIGATIONS, IN AN AMOUNT NOT TO EXCEED $100,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002 AND 690003, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF JUSTICE AND TREASURY'S, "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTE, CHAPTER 932.7055. 05-00685 Legislation.pdf 05-00685 Summary Form.pdf 05-00685 Affidavit.pdf R-05-0461 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF SOUTHEASTERN ENGINEERING CONTRACTORS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, PURSUANT TO INVITATION FOR BIDS NO. 04-05-080, RECEIVED JUNE 24, 2005, FOR THE PROJECT ENTITLED "FLAGAMI / WEST END STORM WATER PUMP STATION NOS. 1, 2, 3 AND 4 AND FAIRLAWN STORM SEWER PUMP STATION PROJECT, PHASE IIA, B-50696 AND B-50702," IN THE TOTAL AMOUNT NOT TO EXCEED $ 6,714,352.40; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 352211, IN THE AMOUNT OF $ 3,897,328.40, CIP NO. 352199, IN THE AMOUNT OF $ 252,024, AND CIP NO. 352284, IN THE AMOUNT OF $2,565,000, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-00686 Legislation.pdf 05-00686 Exhibit 1.pdf 05-00686 Exhibit 2.pdf 05-00686 Exhibit 3.pdf 05-00686 Exhibit 4.pdf 05-00686 Summary Form.pdf 05-00686 Project Analysis Forms.pdf R-05-0462 This Matter was ADOPTED on the Consent Agenda. City of Miami Page 18 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 CA.28 05-00698 Department of Finance CA.29 05-00699 Model City Community Revitalization District Trust CA.30 05-00713 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROVING THE AMENDED CITY OF MIAMI INVESTMENT POLICY ("INVESTMENT POLICY"), ATTACHED AND INCORPORATED; DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF FINANCE TO IMPLEMENT THE AMENDED INVESTMENT POLICY. 05-00698 Legislation.pdf 05-00698 Exhibit.pdf 05-00698 Summary Form.pdf R-05-0463 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "UNITED STATES ENVIRONMENTAL PROTECTION AGENCY CLEAN-UP GRANTS" AND APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT NOT TO EXCEED $200,000, CONSISTING OF A GRANT AWARDED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, TO THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST ("TRUST"); AUTHORIZING THE TRUST'S PRESIDENT/CEO TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 05-00699 Legislation.pdf 05-00699 Memo.pdf R-05-0464 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE SUM OF $300,000 TO ADAAG CONSULTING SERVICES, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR ATTORNEYS' FEES AND COSTS INCURRED FOR THE REPRESENTATION OF ACCESS NOW, INC. ET AL, AND ADAAG CONSULTING, IN FEDERAL LITIGATION PROCEEDINGS RELATED TO THE STREET AND SIDEWALK SURVEY, UPON EXECUTION OF A GENERAL RELEASE ON A FORM ACCEPTABLE TO THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.661. 05-00713- Legislation.pdf 05-00713- Cover Memo.pdf 05-00713- Budget Memo.pdf R-05-0465 This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. City of Miami Page 19 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 CA.31 05-00695 Department of Fire -Rescue CA.32 05-00696 Department of Fire -Rescue CA.33 05-00737 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADOPTING THE CITY OF MIAMI COMPREHENSIVE EMERGENCY MANAGEMENT PLAN ("CEMP"), WITH PROVISIONS AS STATED HEREIN AND AS MORE PARTICULARLY DESCRIBED IN THE CEMP. 05-00695- 05-00695- 05-00695- 05-00695- 05-00695- 05-00695- 05-00695- 05-00695- 05-00695- 05-00695- 05-00695- 05-00695- 05-00695- 05-00695- 05-00695- 05-00695- 05-00695- Legislation.pdf Exhibit 1.pdf Exhibit 2.pdf Exhibit 3.pdf Exhibit 4.pdf Exhibit 5.pdf Exhibit 6.pdf Exhibit 7.pdf Exhibit 8.pdf Exhibit 9.pdf Exhibit 10.pdf Exhibit 11.pdf Summary Form.pdf County Letter.pdf County Statute.pdf State of FL. Administrative Code.pdf Pre. Legislation.pdf R-05-0466 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM PRINCIPLES AND POLICIES THAT UNIFY FEDERAL, STATE AND LOCAL LINES OF GOVERNMENT FOR INCIDENT RESPONSE, WITH DIRECTIVES AS STATED HEREIN, IN ACCORDANCE TO THE HOMELAND SECURITY PRESIDENTIAL DIRECTIVE/HSPD-5. 05-00696- Legislation.pdf 05-00696- Exhibit 1.pdf 05-00696- Exhibit 2.pdf 05-00696- Exhibit 3.pdf 05-00696- Exhibit 4.pdf 05-00696- Summary Form.pdf 05-00696- Homeland Security Letter.pdf 05-00696- Homeland Security Presedential Directive.pdf R-05-0467 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY SUPORTE CLEFIN, CHARITE CLEFIN, City of Miami Page 20 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 AND GIBSON CLEFIN, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $55,000 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 SUPORTE CLEFIN, ET AL., VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 01-24885 CA (21), 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. 515001.624401.6.651. 05-00737- Legislation.pdf 05-00737- Cover Memo.pdf 05-00737- Budget Memo.pdf R-05-0468 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: Johnny L. Winton SECONDED: Tomas Regalado AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado ABSENT: Commissioner Allen END OF CONSENT AGENDA City of Miami Page 21 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 PERSONAL APPEARANCES PA.1 05-00680 DISCUSSION ITEM MRS. HEIDI JOHNSON-WRIGHT, TO ADDRESS THE CITY COMMISSION REGARDING A CAPITAL PROJECT THAT IS PLANNED FOR BRYAN PARK. 05-00680- Request Letter.pdf DISCUSSED Direction to the Administration by Commissioner Regalado to inform the district commissioner of any agenda items affecting his district before placing them on the agenda. PA.2 05-00742 DISCUSSION ITEM REPRESENTATIVE(S) FROM FILMAURO MIAMI TO ADDRESS THE CITY COMMISSION TO REQUEST A WAIVER OF THE NOISE ORDINANCE TO FACILITATE THE FILMING OF THE FEATURE FILM, "CHRISTMAS IN MIAMI", WHICH WILL BE SHOOTING FROM AUGUST 15TH, 2005 THROUGH EARLY OCTOBER 2005. 05-00742- Request Letter.pdf 05-00742- Recommendation Memo.pdf DISCUSSED Discussion on Item PA.2 resulted in the resolution below: (PA.2) 05-00742a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTIONS 36-4(A) AND 36-5 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE LEVEL AND HOURS OF NOISE RESULTING FROM FILMING "CHRISTMAS IN MIAMI," FROM AUGUST 15, 2005 THROUGH EARLY OCTOBER, 2005, AT VARIOUS LOCATIONS IN THE CITY OF MIAMI, FLORIDA, WITH EACH LOCATION AND TIME PERMITTED BY THE OFFICE OF FILM ARTS, CULTURE AND ENTERTAINMENT. R-05-0489 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 Allen PA.3 05-00743 DISCUSSION ITEM REPRESENTATIVE(S) FROM PARAMOUNT PICTURES, IN ASSOCIATION WITH JENNIFER LOPEZ AND UPN TO ADDRESS THE CITY COMMISSION TO REQUEST A WAIVER OF THE NOISE City of Miami Page 22 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 ORDINANCE TO FACILITATE THE FILMING OF THE TV SHOW, "SOUTH BEACH", WHICH WILL BE SHOOTING FROM AUGUST 15TH, 2005 THROUGH JANUARY 15TH 2006. 05-00743 - Request Letter.pdf 05-00743 - Recommendation Memo.pdf DISCUSSED Discussion on Item PA.3 resulted in the resolution! below: (PA.3) 05-00743a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTIONS 36-4(A) AND 36-5 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE LEVEL AND HOURS OF NOISE RESULTING FROM FILMING THE TELEVISION SHOW "SOUTH BEACH," FROM AUGUST 15, 2005 THROUGH JANUARY 15, 2006, AT VARIOUS LOCATIONS IN THE CITY OF MIAMI, FLORIDA, WITH EACH LOCATION AND TIME PERMITTED BY THE OFFICE OF FILM ARTS, CULTURE AND ENTERTAINMENT. R-05-0490 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 Allen City of Miami Page 23 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 05-00707 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE "MTV VIDEO MUSIC AWARDS" TO BE HELD AT AMERICAN AIRLINES ARENA ON AUGUST 28, 2005; AUTHORIZING THE PROVISION OF IN -KIND SERVICES, IN AN AMOUNT NOT TO EXCEED $190,000, FROM THE DEPARTMENTS OF POLICE, FIRE -RESCUE, AND SOLID WASTE; ALLOCATING FUNDS FROM ACCOUNT NO. 001000.921002.6.289; CONDITIONING SAID AUTHORIZATIONS UPON THE ORGANIZER: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MY BE PRESCRIBED BY THE CITY MANAGER. 05-00707- Legislation.pdf R-05-0469 MOVED: Tomas Regalado SECONDED: Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton and Sanchez ABSENT: Commissioner Regalado and Allen Note for the Record: Commissioner Regalado recommended that the City seek funds from Miami Sports & Exhibition Authority (MSEA) for these types of events. M.2 05-00708 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $164,962, FROM THE CHILDREN'S TRUST TO ESTABLISH THE MIAMI YOUTH COUNCIL DURING THE 2005-2006 SCHOOL YEAR; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 05-00708- Legislation.pdf R-05-0470 MOVED: Angel Gonzalez SECONDED: Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. City of Miami Page 24 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado M.3 05-00709 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $104,146, FROM THE CHILDREN'S TRUST TO PROVIDE ENHANCED SERVICES FOR THE 21ST CENTURY COMMUNITY LEARNING CENTER MIAMI LEARNING ZONE AT HOLMES ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 05-00709- Legislation.pdf R-05-0471 MOVED: Angel Gonzalez SECONDED: Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 05-00700 DISCUSSION ITEM A PRESENTATION BY SAVE DADE REGARDING THEIR 10TH ANNUAL HALLOWEEN FUNDRAISER AND WAIVER OF CITY OF MIAMI NOISE ORDINANCE. 05-00700- Email.pdf DISCUSSED Discussion on Item D2.1 resulted in the resolution below: (D2.1) 05-00700a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTIONS 36-4(A) AND 36-5 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE LEVEL AND HOURS OF NOISE RESULTING FROM SAVE DADE'S 10TH ANNUAL HALLOWEEN FUNDRAISER BEING HELD ON XXX, AT XXX, WITH THE City of Miami Page 25 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 LOCATION AND TIME PERMITTED BY THE OFFICE OF FILM ARTS, CULTURE AND ENTERTAINMENT. R-05-0491 MOVED: Johnny L. Winton SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen D2.2 05-00710 DISCUSSION ITEM DISCUSSION REGARDING THE COCOANUT GROVE VILLAGE COUNCIL SEEKING COMMISSION APPROVAL FOR PLACEMENT OF ITS ELECTIONS ON THE CITY BALLOT FOR THE NOVEMBER 2005 ELECTION AT NO COST TO THE CITY OF MIAMI. 05-00710- Email.pdf DISCUSSED Discussion on Item D2.2 resulted in the resolution below: (D2.2) 05-00710a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE REQUEST OF THE COCOANUT GROVE VILLAGE COUNCIL ("COUNCIL"), THAT THE MIAMI-DADE COUNTY ("COUNTY") SUPERVISOR OF ELECTIONS PLACE THE SLATE OF CANDIDATES FOR ELECTION AS MEMBERS TO THE COUNCIL, AT THE APPROPRIATE PRECINCT(S), ON THE NOVEMBER 1, 2005, CITY OF MIAMI ELECTION BALLOT, AS AN OFFICIAL CITY BALLOT QUESTION CONTINGENT UPON: 1) THE COUNCIL MEETING ALL CRITERIA SET FORTH BY THE SUPERVISOR OF ELECTIONS AND 2) CIRCUMSTANCES PROVIDING THAT THERE WILL BE NO COST TO THE COUNCIL AND NO ADDITIONAL COST TO THE CITY. R-05-0488 MOVED: Johnny L. Winton SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Winton, Sanchez, Regalado and Allen ABSENT: Commissioner Gonzalez D2.3 05-00733 DISCUSSION ITEM DISCUSSION CONCERNING RELOCATION OF THE NORTHEAST WOMAN'S CLUB BUILDING. 05-00733- Email.pdf City of Miami Page 26 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 MOTION A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Gonzalez and Commissioner Allen absent, to direct the administration to work with all parties involved to assist in finding funds for the cost of relocating the Northeast Women's Club and come back with a recommendation at the September 8, 2005 Commission Meeting. DISTRICT 3 CHAIRMAN JOE SANCHEZ D3.1 05-00741 DISCUSSION ITEM DISCUSSION CONCERNING THE VETERAN'S AFFORDABLE HOUSING TASK FORCE. 05-00741- Email.pdf MOTION A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, appointing David Marko, Anthony Williams, Colonel Lettie J. Bien, Raul Mas and Gary Rechefsky to the Veterans' Affordable Housing Task Force. DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 05-00716 DISCUSSION ITEM DISCUSSION CONCERNING THE CUBAN MUSEUM WITHIN THE CITY OF MIAMI. 05-00716- Memo.pdf 05-00716- Background Information.pdf MOTION A motion was made by Commissioner Regaldo, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Winton absent, to direct the administration to work with the Cuban Museum Trust to proceed with plans to lease some space to the Cuban Museum at Robert King High - Carlos Arboleya Park, and come back with a report at the next Commission Meeting in September. DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN D5.1 05-00681 ORDINANCE Emergency Ordinance (4/STHS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 12.5/ARTICLE I/ENTITLED "COMMUNITY REVITALIZATION DISTRICTS," DIVISION 2, ENTITLED "MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") BY SETTING City of Miami Page 27 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 FORTH PROCEDURES FOR APPOINTMENT OF BOARD MEMBERS PROVISIONS OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-00681 - Legislation.pdf WITHDRAWN Note for the Record: Although unrelated, discussion on Item D5.1 resulted in the resolution below: (D5.1) 05-00776 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, THAT MAY BE APPLICABLE REGARDING DAVID WILSON, VICTOR SEJAS, AND JOHN DIXON AND THE CONVEYANCE OF CERTAIN CITY -OWNED PROPERTIES TO THEIR COMPANIES FOR THE CONSTRUCTION OF AFFORDABLE HOUSING IN DISTRICT 5. R-05-0494 MOVED: Jeffery L. Allen SECONDED: Johnny L. Winton UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen D5.2 05-00690 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III/SECTION 18-89, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI PROCUREMENT ORDINANCE/CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS," BY SETTING FORTH THE BASIS FOR WHICH EMERGENCY FINDINGS MAY BE MADE BY THE CITY COMMISSION FOR THE PROCUREMENT OF GOODS OR SERVICES IN EXCESS OF $25,000; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-00690- Legislation.pdf WITHDRAWN D5.3 05-00691 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF MIAMI AND THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST ("MODEL CITY TRUST") TO: (1) ALLOW THE MODEL CITY TRUST TO ACQUIRE PROPERTY IN THE NAME OF THE MODEL CITY TRUST; AND (2) DIRECT THE CITY MANAGER TO EXECUTE A RELEASE OF REVERTER City of Miami Page 28 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 FOR THE DEED PROVISIONS THAT EXCEED THE REQUIREMENTS OF THE FUNDING SOURCE FOR THE ELEVEN (11) CITY -OWNED PROPERTIES TRANSFERRED TO THE MODEL CITY TRUST IN FEBRUARY, 2005. 05-00691- Legislation.pdf R-05-0472 MOVED: Jeffery L. Allen SECONDED: Johnny L. Winton Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Winton, Sanchez and Allen ABSENT: Commissioner Gonzalez and Regalado D5.4 05-00692 DISCUSSION ITEM DISCUSSION CONCERNING THE EXTENSION OF THE NATIONAL ROOFING/SOUTH FLORIDA, INC. CONTRACT FOR THE PROJECT ENTITLED "CITY HALL ROOF REPLACEMENT PROJECT, B-74201" SO THAT THE ROOF COVERING THE EAST SECTION OF THE CITY HALL BUILDING IS REPLACED (COMMISSIONER ALLEN 'S OFFICE) 05-00692 - Email.pdf WITHDRAWN D5.5 05-00715 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE ON THE PROGRESS OF THE WAGNER CREEK RENOVATION (DREDGING) - PHASE IV, PROJECT. 05-00715- Email.pdf MOTION A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, with Vice Chairman Gonzalez and Commissioner Regalado absent, to direct the administration to include Wagner Creek in the Miami River Cleanup Project and further to meet with the Spring Garden Civic Association within 2 weeks to identify a ballpark cost associated with this and possible funding sources. City of Miami Page 29 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 PH.1 05-00600 Department of Public Works PH.2 05-00684 Department of Public Works PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "RIVER FRONT -WEST," A REPLAT 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. 05-00600- Legislation.pdf 05-00600- Exhibit 1.pdf 05-00600- Exhibit 2.pdf 05-00600- Exhibit 3.pdf 05-00600- Exhibit 4.pdf 05-00600- Exhibit 5.pdf 05-00600- Summary Form.pdf 05-00600- Public Notice Memo.pdf 05-00600- Public Notice AD.pdf 05-00600- Public Works Memo.pdf 05-00600- Public Works AD.pdf R-05-0483 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED " RIVER FRONT -EAST," A REPLAT 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 of Miami Page 30 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 PH.3 05-00687 Department of Public Works 05-00684-Leg islation. pdf 05-00684-Exhibit 1.pdf 05-00684-Exhibit 2.pdf 05-00684-Exhibit 3.pdf 05-00684-Exhibit 4.pdf 05-00684-Exhibit 5.pdf 05-00684-Summary Form.pdf 05-00684-Public Notice Memo.pdf 05-00684-Public Notice Ad.pdf 05-00684-Public Works Memo.pdf 05-00684-Public Works Ad.pdf R-05-0479 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED " BAYONNE BAYSIDE SUBDIVISION," A REPLAT 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. 05-00687- Legislation.pdf 05-00687- Exhibit 1.pdf 05-00687- Exhibit 2.pdf 05-00687- Summary Form.pdf 05-00687- legal description.pdf 05-00687- Public Notice Memo.pdf 05-00687- Public Notice Ad.pdf 05-00687- Public Works Memo.pdf 05-00687- Public Works Ad.pdf R-05-0493 MOVED: Angel Gonzalez SECONDED: Johnny L. Winton UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. City of Miami Page 31 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 PH.4 05-00688 Department of Public Works PH.5 05-00682 Department of Public Works AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED " MAHI SHRINE SUBDIVISION," A REPLAT 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. 05-00688- Legislation.pdf 05-00688- Exhibit 1.pdf 05-00688- Exhibit 2.pdf 05-00688- Summary Form.pdf 05-00688- Legal Description.pdf 05-00688- Public Notice Memo.pdf 05-00688- Public Notice AD.pdf 05-00688- Public Works Memo.pdf 05-00688- Public Works Ad.pdf 05-00688- Legal Description 2.pdf CONTINUED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Allen, and was passed unanimously, with Commissioner Regalado absent, to continue item PH.4 to the Commission Meeting currently scheduled for September 8, 2005. ORDINANCE Public Hearing AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11662, ADOPTED MAY 26, 1998, WAIVING BY ORDINANCE THE NOTICE REQUIREMENT OF SECTION 5 OF THE FRANCHISE AGREEMENT ENTITLED "ASSIGNMENT AND TRANSFER;" WAIVING THE REQUIREMENT OF FILING A WRITTEN NOTICE WITH THE CITY CLERK BY FPL ENERGY SERVICES, INC., FOR THE SALE, ASSIGNMENT OR TRANSFER OF THE RIGHTS, PRIVILEGES AND AUTHORITY GRANTED BY THE FRANCHISE AGREEMENT BETWEEN FPL ENERGY SERVICES, INC., AND THE CITY OF MIAMI, DATED JUNE 8, 1998; APPROVING AND CONSENTING TO THE SALE, ASSIGNMENT OR TRANSFER OF THE PRIVILEGES GRANTED UNDER SAID FRANCHISE AGREEMENT TO FPL THERMAL SYSTEMS, INC., NOW DOING BUSINESS AS TECO SOLUTIONS, INC.; CONTAINING A REPEALER PROVISION, A SEVERABILITY CAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00682- Legislation.pdf 05-00682- Summary Form.pdf 05-00682- Public Notice Memo.pdf 05-00682- Public Notice Ad.pdf 05-00682- Previous Legislation.pdf 05-00682- Previous Franchise Agreement.pdf City of Miami Page 32 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 10:30 A.M. PH.6 05-00689 Department of Community Development PH.7 05-00626 Department of Community Development CONTINUED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to continue item PH.5 to the Commission Meeting currently scheduled for September 8, 2005. A sign interpreter translated discussion related to Items PH.6 - PH.11. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") ANNUAL ACTION PLAN FOR FISCAL YEAR 2005-2006, ATTACHED AND INCORPORATED AND THE CITY'S ANALYSIS OF THE IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2005-2010, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S ANNUAL ACTION PLAN FOR FISCAL YEAR 2005-2006 AND THE CITY'S ANALYSIS OF THE IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2005-2010, TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL. 05-00689- Legislation.pdf 05-00689- Exhibit 1.pdf 05-00689- Exhibit 1A.pdf 05-00689- Exhibit 2.pdf 05-00689- Exhibit 3.pdf 05-00689- Exhibit 3A.pdf 05-00689- Summary Form.pdf R-05-0473 MOVED: Johnny L. Winton SECONDED: Jeffery L. Allen Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOME INVESTMENT PARTNERSHIPS DISTRICT FIVE FUNDS, IN THE AMOUNT OF $50,000; ALLOCATING SAID FUNDS TO HAVEN ECONOMIC DEVELOPMENT, INC., FOR HOME BUYER EDUCATION ACTIVITIES, AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, WITH SAID AGENCY, FOR SAID PURPOSE. City of Miami Page 33 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 PH.8 05-00734 Department of Community Development PH.9 05-00735 Department of Community Development 05-00626-Leg islation. pdf 05-00626-Exhibit 1.pdf 05-00626-Exhibit 2.pdf 05-00626-Summary Form.pdf 05-00626-Public Notice.pdf R-05-0474 MOVED: Johnny L. Winton SECONDED: Jeffery L. Allen Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT OF $200,000, FROM THE SPECIAL REVENUE ACCOUNT ENTITLED, "POVERTY INITIATIVE;" ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT TO FUND ACCION U.S.A., INC., FOR THE UNDERWRITING OF SMALL BUSINESS LOANS ASSOCIATED WITH THE CONTINUATION OF PHASE II OF THE CITYWIDE POVERTY INITIATIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE A SPECIAL GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY FOR SAID PURPOSE. 05-00734- Legislation.pdf 05-00734- Exhibit 1.pdf 05-00734- Exhibit 2.pdf 05-00734- Exhibit 3.pdf 05-00734- Exhibit 4.pdf 05-00734- Summary Form.pdf 05-00734- Pre Resolution.pdf R-05-0475 MOVED: Angel Gonzalez SECONDED: Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado Direction to the Administration by Chairman Sanchez to provide him with a list of businesses, including names and addresses, that have received this assistance in District 3. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING RESOLUTION NO. 04-0687, ADOPTED OCTOBER 14, 2004 AND RESOLUTION NO. 05-0341, ADOPTED MAY 26, 2005, TO REFLECT THE City of Miami Page 34 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 PH.10 05-00736 Department of Community Development CORRECT LEGAL ENTITY NAME OF MICRO -BUSINESS USA AS PARTNERS FOR SELF-EMPLOYMENT, INC. 05-00735- Legislation.pdf 05-00735- Summary Form.pdf 05-00735- Text File Reports.pdf R-05-0476 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, IN THE AMOUNT OF $300,000, FROM ALLAPATTAH DEVELOPMENT, LLC AND THE AMOUNT OF $300,000 FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT CDBG-ECONOMIC DEVELOPMENT RESERVE ACCOUNT, FOR THE TOTAL AMOUNT OF $600,000; ALLOCATING SAID FUNDS, IN THE AMOUNTS FOR THE AGENCIES AND THE ACTIVITIES, AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS AND/OR AMENDMENTS TO EXISTING AGREEMENTS, WITH SAID AGENCIES, FOR SAID PURPOSES. City of Miami Page 35 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 PH.11 05-00740 Department of Community Development 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- 05-00736- Legislation.pdf Exhibit 1.pdf Exhibit 2.pdf Exhibit 3.pdf Exhibit 4.pdf Exhibit 5.pdf Exhibit 6.pdf Exhibit 7.pdf Exhibit8.pdf Exhibit 9.pdf Exhibit 10.pdf Exhibit 11.pdf Exhibit 12.pdf Summary Form.pdf Public Notice.pdf Pre Resolution.pdf Pre Attachments.pdf Pre Agreement.pdf Pre Attachments 2.pdf Text File Report.pdf Pre Attachments 3.pdf Text File Report 2.pdf Pre Attachments 4.pdf Text File Report 3.pdf Pre Attachments 5.pdf Pre Agreement 2.pdf Pre Attachments 6.pdf Pre Agreement 3.pdf Text File Report4.pdf Pre Agreements 4.pdf Pre Attachment 7.pdf R-05-0477 MOVED: Angel Gonzalez SECONDED: Jeffery L. Allen Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS, IN THE AMOUNT OF $1,500,000, FROM THE DISTRICT 5 RESERVE ACCOUNT; ALLOCATING SAID FUNDS TO THE SINGLE FAMILY REHABILITATION PROGRAM FOR REHABILITATION ASSISTANCE, AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED. City of Miami Page 36 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 05-00740- Legislation.pdf 05-00740- Exhibit.pdf 05-00740- Summary Form.pdf 05-00740- Public Notice.pdf R-05-0478 MOVED: Johnny L. Winton SECONDED: Jeffery L. Allen Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado City, of Miami Page 37 Pointed on 8/1/2005 City Commission Marked Agenda July 28, 2005 EM.1 05-00693 Office of the City Attorney SR.1 05-00603 Department of Public Works ORDINANCE - EMERGENCY ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST," TO PROVIDE THAT THE PROVISIONS OF THE CITY CODE ARE CONSISTENT WITH THE TERMS AND CONDITIONS OF CERTAIN COLLECTIVE BARGAINING AGREEMENTS; MORE PARTICULARLY BY AMENDING SECTIONS 40-202 (6) TO ELIMINATE THE ABILITY OF FRATERNAL ORDER OF POLICE ("FOP") MEMBERS TO PURCHASE CREDITABLE SERVICE YEARS UPON RETIREMENT, AND 40-203 (Q)(13) TO SPECIFY THAT THE BENEFIT ACTUARIALLY CALCULATED DEFERRED RETIREMENT OPTION PROGRAM FOR F.O.P. BARGAINING UNIT EMPLOYEES IS REDUCED FROM FORTY EIGHT (48) MONTHS TO TWELVE (12) MONTHS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-00693-Cover Memo.pdf 05-00693-Leg islation. pdf 12718 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 12613, ADOPTED NOVEMBER 18, 2004, FURTHER AMENDED PURSUANT TO ORDINANCE NO. 12656, ADOPTED FEBRUARY 24, 2005, EXTENDING THE TERM OF THE FRANCHISE AGREEMENT WITH PIVOTAL UTILITY HOLDINGS, INC., D/B/A FLORIDA CITY GAS, PREVIOUSLY NUI UTILITIES, INC., D/B/A NUI CITY GAS COMPANY OF FLORIDA, D/B/A FLORIDA CITY GAS ("FRANCHISEE"), UNTIL THE EARLIER OF 1) FEBRUARY 28, 2006, OR 2) THE DATE IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF ANY SUBSEQUENT FRANCHISE AGREEMENT ENTERED INTO BY THE CITY OF MIAMI AND THE FRANCHISEE; AUTHORIZING THE CITY MANAGER TO EXECUTE A FRANCHISE EXTENSION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 38 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 SR.2 05-00604 Department of Conferences, Conventions and Public Facilities SR.3 05-00605 Department of Planning 05-00603 Legislation FR/SR.pdf 05-00603 Exhibit A FR/SR.pdf 05-00603-summary form SR.pdf 05-00603-summary form FR.pdf 05-00603 back-up letters FR/SR.pdf 05-00603 Franchise Exten. Agreement FR/SR.pdf 05-00603 Cert. of Incumbency & Signature FR/SR.pdf 05-00603 Insurance Approval FR/SR.pdf 05-00603 Previous Legislation FR/SR.pdf 12714 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 53/ARTICLE 1/ SECTION 53.1(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STADIUMS AND CONVENTION CENTERS/ IN GENERAL/ TICKET SURCHARGE ON PAID ADMISSIONS TO EVENTS/ RATE OF SURCHARGE," BY INCREASING THE RATE OF SURCHARGE PAYMENT ON PAID ADMISSIONS AT CERTAIN CITY OF MIAMI FACILITIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00604 Legislation FR/SR.pdf 05-00604-summary form SR.pdf 05-00604-summary form FR.pdf 12715 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE VI/SECTION 62-156 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SCHEDULE OF FEES," BY CREATING A NEW SUBSECTION 62-156(D) ENTITLED "MANNER OF FEE PAYMENT;" ADDING A PROVISION THAT SETS FORTH THE REQUISITE MANNER OF PAYMENT BY CERTIFIED CHECK, CASHIER'S CHECK, OR MONEY ORDER FOR THE COLLECTION OF CERTAIN SPECIFIED FEES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR City of Miami Page 39 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 AN EFFECTIVE DATE. 05-00605-ordinance SR.pdf 05-00605-Summary Form SR.pdf 05-00605-ordinance FR.pdf 05-00605-summary form FR.pdf 12719 MOVED: Angel Gonzalez SECONDED: Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado ORDINANCE - FIRST READING FR.1 05-00694 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), ACCEPTING AND APPROPRIATING THE 2005 SERIES Recreation SPECIFIED/PER CAPITA SAFE NEIGHBORHOOD PARKS BOND FUNDS GRANT, IN THE AMOUNT OF $3,000,024; AMENDING ORDINANCE NO. 12622, AS AMENDED, APPROPRIATING SAID FUNDS INTO THE CAPITAL IMPROVEMENT PROJECT NUMBERS SPECIFIED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN FORMS AND SUBSTANCE ACCEPTABLE TO THE CITY ATTORNEY AND THE RISK MANAGEMENT ADMINISTRATOR, FOR ACCEPTANCE OF THE GRANT; AND AUTHORIZING, PURSUANT TO THE PROVISIONS OF THE SAFE NEIGHBORHOOD PARK ORDINANCE, THE PAYMENT OF (1) SUPPLEMENTAL FUNDS REQUIRED TO COMPLETE SAID PROJECTS IF THE COST OF SAID PROJECTS EXCEED THE GRANT ALLOCATION, AND (2) FUNDS TO OPERATE, MAINTAIN AND PROVIDE PROGRAMMING AT EACH PROJECT UPON ITS COMPLETION. 05-00694- Legislation.pdf 05-00694-Exh ib it. pdf 05-00694- Summary Form.pdf 05-00694- Agreement Pgs..pdf 05-00694- Affidavits.pdf 05-00694- Sworn Statements.pdf 05-00694- Charts.pdf MOVED: Angel Gonzalez SECONDED: Johnny L. Winton Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado City of Miami Page 40 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 PART B The following items shall not be considered before 10:00 am. PZ.1 05-00236 RESOLUTION WITHDRAWN A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, GRANTING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL PURSUANT TO THE PROVISIONS OF SECTION 934 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO ALLOW A CHANGE OF OWNERSHIP FOR AN EXISTING COMMUNITY -BASED RESIDENTIAL FACILITY, FOR THE PROPERTY LOCATED AT APPROXIMATELY 820 SOUTHWEST 20TH AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." WITHDRAWN REQUEST: Special Exception Requiring City Commission Approval LOCATION: Approximately 820 SW 20th Avenue APPLICANT(S): La Covadonga Retirement Inv., Ltd. APPLICANT(S) AGENT: Marbet Mier, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on March 14, 2005 by a vote of 6-1. PURPOSE: This will allow a change of ownership to an existing community -based residential facility. WITHDRAWN 05-00236 Legislation.pdf 05-00236 Exhibit A.pdf 05-00236 Analysis.pdf 05-00236 Zoning Map.pdf 05-00236 Aerial Map.pdf 05-00236 ZB Reso.pdf 05-00236 Application & Supporting Docs.pdf 05-00236 Zoning Write-Up.pdf 05-00236 Fact Sheet 06-23-05.pdf 05-00236 Fact Sheet 07-28-05.pdf WITHDRAWN City of Miami Page 41 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 PZ.2 05-00621 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, CONCERNING THE DOWNTOWN GOVERNMENT CENTER DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN AREA PREVIOUSLY APPROVED BY RESOLUTION NO. 81-343; AUTHORIZING AN NOTICE OF PROPOSED CHANGE APPLICATION PROVIDING FOR 1,500,000 SQUARE FEET OF OFFICE SPACE; AUTHORIZING AN EXTENSION OF THE DEVELOPMENT TIME TO 2009; APPROVING THE DEVELOPMENT OF REGIONAL IMPACT SUBJECT TO THE CONDITIONS ATTACHED HERETO AS "EXHIBIT A", THE APPLICATION FOR DEVELOPMENT APPROVAL, INCORPORATED HEREIN BY REFERENCE, AND CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE MIAMI PLANNING ADVISORY BOARD, INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE DOWNTOWN GOVERNMENT CENTER DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING THE CITY CLERK TO SEND COPIES OF THIS RESOLUTION TO AFFECTED AGENCIES AND THE APPLICANT; PROVIDING FOR A TERMINATION DATE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SEVERABILITY CLAUSE. REQUEST: To Amend a Previously Approved DRI for the Downtown Government Center APPLICANT(S): Miami -Dade County General Services Administration FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 15, 2005 by a vote of 6-0. PURPOSE: This will allow for the development of government office facilities in the downtown area. 05-00621 Legislation.pdf 05-00621 Exhibit A.pdf 05-00621 May 19, 2005 Intent Letter & Supporting Docs.pdf 05-00621 April 11, 2005 Intent Letter & Supporting Docs.pdf 05-00621 PAB Reso.pdf 05-00621 Fact Sheet.pdf CONTINUED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to continue item PZ.2 to the Commission Meeting currently scheduleld for September 22, 2005, at a time certain of 10:00 a.m. PZ.3 05-00622 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, IN ORDER TO AMEND A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER, FOR THE MODIFICATION OF THE MASTER AND INCREMENT II DEVELOPMENT City of Miami Page 42 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 ORDERS FOR THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) DEVELOPMENT OF REGIONAL IMPACT (DRI), IN ACCORDANCE WITH SUBSECTION 380.06(19), FLORIDA STATUTES (2004), IN ORDER TO: 1) MODIFY THE TABLE DESCRIBING THE LAND USES AND INCREMENTS IN THE SEOPW DRI TO REFLECT ADMINISTRATIVE SIMULTANEOUS INCREASES AND DECREASES IN THE INCREMENT I DEVELOPMENT ORDER, AND ROLLOVER ANY UNUSED CREDITS INTO THE INCREMENT II DEVELOPMENT ORDER; 2) REVISE THE DEFINITION OF "NET NEW DEVELOPMENT"; 3) MODIFY THE DEFINITION OF "TOTAL ALLOWABLE DEVELOPMENT"; 4) MODIFY FINDING OF FACT G TO REFLECT THE PROPOSED CHANGE; 5) PROVIDE THAT THE BUILDOUT DATE IS ALSO THE DATE UNTIL WHICH THE PROJECT SHALL NOT BE SUBJECT TO DOWNZONING OR OTHER SIMILAR ACTIONS PURSUANT TO STATE LAW; 6) ALLOW FOR THE SUBMITTAL OF A BIANNUAL STATUS REPORT PURSUANT TO SECTION 380.06(18), FLORIDA STATUTES (2004), RATHER THAN AN ANNUAL REPORT; AND 7) CORRECT SCRIVENER'S ERROR IN CONDITION 7 OF INCREMENT II DEVELOPMENT ORDER; FINDING THAT THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION PER CHAPTER 380, FLORIDA STATUTES; AND ALSO FINDING THAT THESE CHANGES ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN. REQUEST: To Amend a Previously Approved DRI for the Southeast Overtown/Park West Area APPLICANT(S): Community Redevelopment Agency FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 15, 2005 by a vote of 5-0. PURPOSE: This will allow for numerous benefits in order to facilitate development within the Southeast Overtown/Park West area. 05-00622 Legislation.pdf 05-00622 Exhibit A.pdf 05-00622 Exhibit A-1pdf 05-00622 Exhibit A-2.pdf 05-00622 Map.pdf 05-00622 March 7, 2005 Intent Letter & Supporting Docs.pdf 05-00622 March 22, 2005 Intent Letter & Supporting Docs.pdf 05-00622 PAB Reso.pdf 05-00622 Fact Sheet.pdf R-05-0480 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. City of Miami Page 43 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen PZ.4 05-00410a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1400-1500 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, FROM "OFFICE" 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 "Office" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1400-1500 NW N River Drive APPLICANT(S): Mahi Shrine Holding Corp. APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Unanimously found the proposed Miami Rivertown project to be consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan on February 7, 2005. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 18, 2005 by a vote of 5-0. See companion File IDs 05-00410 and 05-00410b. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Miami Rivertown Major Use Special Permit project. 05-00410a Legislation.pdf 05-00410 & 05-00410a Exhibit A.pdf 05-00410a Analysis.pdf 05-00410a Land Use Map.pdf 05-00410 & 05-00410a Aerial Map.pdf 05-00410, 05-00410a & 05-00410b Miami River Comm Comments.PDF 05-00410a & 05-00410b School Board Review.PDF 05-00410a PAB Reso.pdf 05-00410a Application & Supporting Docs.pdf 05-00410a FR Fact Sheet.pdf 05-00410a SR Fact Sheet.pdf 12716 MOVED: Angel Gonzalez SECONDED: Jeffery L. Allen City of Miami Page 44 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen PZ.5 05-00410 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 24, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "0" OFFICE TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, INCREASING THE F.A.R. TO 2.8, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1400-1500 NORTHWEST NORTH RIVER 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 0 Office to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay District, Increasing the F.A.R. to 2.8 to Change the Zoning Atlas LOCATION: Approximately 1400-1500 NW N River Drive APPLICANT(S): Mahi Shrine Holding Corp. APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Unanimously found the proposed Miami Rivertown project to be consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan on February 7, 2005. ZONING BOARD: Recommended approval to City Commission on April 25, 2005 by a vote of 9-0. See companion File IDs 05-00410a and 05-00410a. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay District, increasing the F.A.R. to 2.8 for the proposed Miami Rivertown Major Use Special Permit project. 05-00410 Legislation.pdf 05-00410 & 05-00410a Exhibit A.pdf 05-00410 Analysis.pdf 05-00410 Zoning Map.pdf 05-00410 & 05-00410a Aerial Map.pdf 05-00410 ZB Reso.pdf 05-00410, 05-00410a & 05-00410b Miami River Comm Comments.PDF 05-00410 Application & Supporting Docs.pdf 05-00410 FR Fact Sheet.pdf 05-00410 SR Fact Sheet.pdf City of Miami Page 45 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 12717 MOVED: Angel Gonzalez SECONDED: Jeffery L. Allen UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen PZ.6 05-00410b 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, AS AMENDED, FOR THE MIAMI RIVERTOWN PROJECT, TO BE LOCATED AT APPROXIMATELY 1400-1500 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE THREE -BUILDING CLUSTER DEVELOPMENT RANGING IN HEIGHT FROM APPROXIMATELY 362 FEET TO 368 FEET, CONSISTING OF 985 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 98,129 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 51,045 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 1,866 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; 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 Miami Rivertown Project LOCATION: Approximately 1400-1500 NW N River Drive APPLICANT(S): Mahi Shrine Holding Corp. APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with conditions* of a Certificate of Appropriateness to City Commission on January 4, 2005 by a vote of 5-0. MIAMI RIVER COMMISSION: Unanimously found the project to be consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan on February 7, 2005. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on May 18, 2005 by a vote of 5-0. See companion File IDs 05-00410 and 05-00410a. *See supporting documentation. PURPOSE: This will allow the development of the Miami Rivertown project. City of Miami Page 46 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 05-00410b Outside Cover.pdf 05-00410b Inside Cover.pdf 05-00410b Table of Contents.pdf 05-00410b I- Article I Project Information.pdf 05-00410b I.A - Application for Major Use Special Permit.pdf 05-00410b I.B - Application to Amend the Miami Comprehensive Neighborhood Plan.pdf 05-00410b I.0 - Application For Amendment To The Miami Zoning Atlas.pdf 05-00410b I.D - Disclosure of Ownership.pdf 05-00410b I.E - Ownership Affidavit.pdf 05-00410b I.F - Directory of Project Principals.pdf 05-00410b I.G - Project Data Sheet.pdf 05-00410b I.H - City of Miami Zoning Atlas Map.pdf 05-00410b 11- Article 11 Project Description - Zoning Ordinance No. 11000.pdf 05-00410b 111- Supporting Documents.pdf 05-00410b 111.1 - Minority Construction Employment Plan.pdf 05-00410b 111.2 - Traffic Impact Analysis.pdf 05-00410b 111.3 - Site Utility Study.pdf 05-00410b 111.4 - Economic Impact Study.pdf 05-00410b 111.5 - Survey of Property.pdf 05-00410b 111.6 - Drawings Submitted.pdf 05-00410b Legislation.pdf 05-00410b Exhibit A.pdf 05-00410b Exhibit B.pdf 05-00410b Analysis.pdf 05-00410 & 05-00410b Zoning Map.pdf 05-00410, 05-00410a & 04-00410b Aerial Map.pdf 05-00410b Miami -Dade Aviation Dept Review.pdf 05-00410b HEPB Reso.pdf 05-00410b Design Review Comments.pdf 05-00410, 05-00410a & 05-00410b Miami River Comm Comments.PDF 05-00410a & 05-00410b School Board Review.PDF 05-00410b PAB Reso.pdf 05-00410b Fact Sheet.pdf R-05-0481 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 Allen PZ.7 05-00519 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, AS AMENDED, FOR THE PORTICO PROJECT, TO BE LOCATED AT APPROXIMATELY 1837 NORTHEAST 4TH AVENUE, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 461-FOOT, 43-STORY HIGH RESIDENTIAL STRUCTURE TO BE COMPRISED OF APPROXIMATELY 324 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; City of Miami Page 47 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 AND APPROXIMATELY 425 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 Portico Project LOCATION: Approximately 1837 NE 4th Avenue APPLICANT(S): Cameo Apartments, Ltd. APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 29, 2005 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the Portico project. 05-00519 Cover Page.pdf 05-00519 Table of Contents.pdf 05-00519 TAB A - Letter of Intent.pdf 05-00519 TAB B - Application for a Major Use Special Permit.pdf 05-00519 TAB C - Zoning Write Up.pdf 05-00519 TAB D - Legal Description.pdf 05-00519 TAB E - Aerial.pdf 05-00519 TAB F - Zoning Atlas Page 23.pdf 05-00519 TAB G - Project Data Sheet.pdf 05-00519 TAB H - Warranty Deeds and Tax forms.pdf 05-00519 TAB I - Ownership List and Mailing Labels.pdf 05-00519 TAB J - State of Florida Corporate Documents.pdf 05-00519 TAB K - Directory of Project Principals.pdf 05-00519 TAB L - Project Description.pdf 05-00519 TAB M - Minority Construction Employment Plan.pdf 05-00519 TAB N - URS Sufficiency Letter.pdf 05-00519 TAB N - Traffic Study.pdf 05-00519 TAB 0 - Site Utility Study.pdf 05-00519 TAB P - Economic Impact Study.pdf 05-00519 TAB Q - Site Plans for Property including Survey & Photos.pdf 05-00519 Legislation.pdf 05-00519 Exhibit A.pdf 05-00519 Exhibit B.pdf 05-00519 Analysis.pdf 05-00519 Zoning Map.pdf 05-00519 Aerial Map.pdf 05-00519 Miami -Dade Aviation Dept Review.pdf 05-00519 Design Review Comments.pdf 05-00519 School Board Review.pdf 05-00519 PAB Reso.pdf 05-00519 Fact Sheet.pdf City of Miami Page 48 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 R-05-0482 MOVED: Jeffery L. Allen SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen PZ.8 05-00624 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, AS AMENDED, FOR THE CAPITAL AT BRICKELL (FKA SMA) PROJECT, TO BE LOCATED AT APPROXIMATELY 1420, 1430, 1434, 1438 SOUTH MIAMI AVENUE AND 1401, 1429 SOUTHWEST 1ST AVENUE AND 21, 37, 45, 65 SOUTHWEST 14TH TERRACE AND 26, 44, 54 SOUTHWEST 14TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE TWO -TOWER DEVELOPMENT RANGING IN HEIGHT FROM APPROXIMATELY 607 FEET TO APPROXIMATELY 649 FEET TO BE COMPRISED OF APPROXIMATELY 832 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 108,543 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 47,853 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 1,274 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; 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 Capital at Brickell (FKA SMA) Project LOCATION: Approximately 1420, 1430, 1434, 1438 S Miami Avenue and 1401, 1429 SW 1st Avenue and 21, 37, 45, 65 SW 14th Terrace and 26, 44, 54 SW 14th Street APPLICANT(S): Cabi SMA, LLC and Chestnut Capital, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 6, 2005 by a vote of 5-0. *See supporting documentation. PURPOSE: This will allow the development of the Capital at Brickell (FKA SMA) project. City of Miami Page 49 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 05-00624 Inside Cover.PDF 05-00624 Table of Contents.PDF 05-00624 Article I - Project Information.PDF 05-00624 Letter of Intent.PDF 05-00624 Major Use Special Permit Application.PDF 05-00624 Zoning Write-Up.PDF 05-00624 Zoning Atlas.PDF 05-00624 Project Data Sheet.PDF 05-00624 Deed - Computer.PDF 05-00624 Ownership List.PDF 05-00624 State of Florida Documents.PDF 05-00624 Owner's Authorization Letter.PDF 05-00624 Directory of Project Principals.PDF 05-00624 Article II - Project Description.PDF 05-00624 Article III - Supporting Documents.PDF 05-00624 Minority Construction Employment Plan.PDF 05-00624 Traffic Impact Analysis - Part I.PDF 05-00624 Traffic Impact Analysis - Part II.PDF 05-00624 Site Utility Study.PDF 05-00624 Economic Impact Study.PDF 05-00624 Survey of Property.PDF 05-00624 Drawings Submitted.PDF 05-00624 Legislation.pdf 05-00624 Exhibit A.pdf 05-00624 Exhibit B.pdf 05-00624 Analysis.pdf 05-00624 Zoning Map.pdf 05-00624 Aerial Map.pdf 05-00624 Design Review Comments.pdf 05-00624 Miami -Dade Aviation Dept Review.pdf 05-00624 HEPB Reso.pdf 05-00624 School Board Review.pdf 05-00624 PAB Reso.pdf 05-00624 Fact Sheet.pdf R-05-0484 MOVED: Johnny L. Winton SECONDED: Jeffery L. Allen UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen PZ.9 05-00648 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, RESOLUTION NO. 01-1233, PER ARTICLES 5, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE PARK PLACE AT BRICKELL PHASE II PROJECT, LOCATED AT APPROXIMATELY 1432 AND 1450 BRICKELL AVENUE, MIAMI, FLORIDA, TO ALLOW THE MODIFICATION OF PHASE II TO AN APPROXIMATELY City of Miami Page 50 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 527-FOOT, 32-STORY HIGH OFFICE BUILDING, TO BE COMPRISED OF APPROXIMATELY 508,900 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 10,980 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 1,285 TOTAL PARKING SPACES; AND TO PRESERVE THE PREVIOUSLY APPROVED 371 DWELLING UNITS; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR') BONUSES; 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 Substantial Modification of the Park Place at Brickell Phase II Project LOCATION: Approximately 1432 and 1450 Brickell Avenue APPLICANT(S): Park Place at Brickell, LLC APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with conditions* of a Certificate of Appropriateness to City Commission on April 5, 2005 by a vote of 6-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 29, 2005 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow a substantial modification to the Park Place at Brickell Phase II project. City of Miami Page 51 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 05-00648 Inside Cover.PDF 05-00648 Table of Contents.PDF 05-00648 Article I - Project Information.PDF 05-00648 Letter of Intent.PDF 05-00648 9-16-02 Nonsubstantial Amendment & MUSP Application.PDF 05-00648 MUSP Resolution No. 01-01233.PDF 05-00648 Zoning Write-Up.PDF 05-00648 Zoning Atlas.PDF 05-00648 Project Data Sheet.PDF 05-00648 Deed - Computer.PDF 05-00648 Ownership List.PDF 05-00648 State of Florida Documents.PDF 05-00648 Directory of Principals.PDF 05-00648 Article II - Project Description.PDF 05-00648 Article III - Supporting Documents.PDF 05-00648 Minority Construction Employment Plan.PDF 05-00648 Traffic Impact Analysis.PDF 05-00648 Site Utility Study.PDF 05-00648 Economic Impact Analysis.PDF 05-00648 Survey of Property.PDF 05-00648 Drawings Submitted.PDF 05-00648 Legislation.pdf 05-00648 Exhibit A.pdf 05-00648 Exhibit B.pdf 05-00648 Analysis.pdf 05-00648 Zoning Map.pdf 05-00648 Aerial Map.pdf 05-00648 Resolution 01-1233.pdf 05-00648 Design Review Comments.pdf 05-00648 School Board Review.pdf 05-00648 Miami -Dade Aviation Dept Review.pdf 05-00648 HEPB Reso.pdf 05-00648 PAB Reso.pdf 05-00648 Fact Sheet.pdf R-05-0485 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 Allen PZ.10 05-00618 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN ALLEY LOCATED EAST OF SOUTHWEST 22ND AVENUE BETWEEN SOUTHWEST 5TH STREET AND SOUTHWEST 6TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT City of Miami Page 52 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 REQUEST: Official Vacation and Closure of a Portion of an Alley LOCATION: Approximately East of SW 22nd Avenue Between SW 5th Street and SW 6th Street APPLICANT(S): Punta Diamante, LLC APPLICANT(S) AGENT: Salomon Sutton, Member Manager FINDINGS: PLANNING DEPARTMENT: Recommended denial upon finding of no public benefit. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on April 7, 2005 by a vote of 5-2. ZONING BOARD: Recommended approval to City Commission on June 13, 2005 by a vote of 7-0. PURPOSE: This will allow a unified development site. 05-00618 Legislation.pdf 05-00618 Exhibit A.pdf 05-00618 Zoning Map.pdf 05-00618 Aerial Map.pdf 05-00618 Public Works Analysis.pdf 05-00618 Public Works Tentative Plat Letter.pdf 05-00618 ZB Reso.pdf 05-00618 Application & Supporting Docs.pdf 05-00618 Fact Sheet.pdf R-05-0486 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 Allen PZ.11 04-00572 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 1622 AND 1630 NORTHWEST 22ND AVENUE AND 2210 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 53 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to "High Density Multifamily Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1622 and 1630 NW 22nd Avenue and 2210 NW N River Drive APPLICANT(S): 1622 Investment Corp., Castille Group Inc., Patrick Karakadze, Curtis B. Van Sant & Jose A. Rado, Owners APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Unanimously recommended denial to City Commission on May 3, 2004. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 19, 2004 by a vote of 7-1. Also recommended denial to City Commission on March 2, 2005 by a vote of 6-0. See companion File ID 04-00572a. PURPOSE: This will change the above properties to High Density Multifamily Residential. 04-00572 (Version 2) Legislation.pdf 04-00572 & 04-00572a Exhibit A.pdf 04-00572 Analysis.pdf 04-00572 Land Use Map.pdf 04-00572 & 04-00572a Aerial Map.pdf 04-00572 School Board Comments.PDF 04-00572 PAB Reso.pdf 04-00572a May 19, 2004 PAB Reso.pdf 04-00572 & 04-00572a Miami River Commission Analysis.PDF 04-00572 Application & Supporting Docs.pdf 04-00572 FR Fact Sheet 05-26-05.pdf 04-00572-Submittal.pdf 04-00572 FR Fact Sheet 06-23-05.pdf 04-00572-Submittal.pdf 04-00572 SR Fact Sheet.pdf 12720 MOVED: Angel Gonzalez SECONDED: Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez and Allen ABSENT: Commissioner Winton and Regalado PZ.12 04-00572a ORDINANCE Second Reading City of Miami Page 54 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 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 "R-2" TWO-FAMILY RESIDENTIAL TO "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1622 AND 1630 NORTHWEST 22ND AVENUE AND 2210 NORTHWEST NORTH RIVER 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-2 Two -Family Residential to R-4 Multifamily High -Density Residential to Change the Zoning Atlas LOCATION: Approximately 1622 and 1630 NW 22nd Avenue and 2210 NW N River Drive APPLICANT(S): 1622 Investment Corp., Castille Group Inc., Patrick Karakadze, Curtis B. Van Sant & Jose A. Rado, Owners APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Unanimously recommended denial to City Commission on May 3, 2004. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 8-1. Also recommended approval to City Commission on April 25, 2005 by a vote of 6-3. See companion File ID 04-00572. PURPOSE: This will change the above properties to R-4 Multifamily High -Density Residential. 04-00572a Legislation (Version 2).pdf 04-00572 & 04-00572a Exhibit A.pdf 04-00572a Analysis.pdf 04-00572a Zoning Map.pdf 04-00572 & 04-00572a Aerial Map.pdf 04-00572a ZB Reso.pdf 04-00572a June 14, 2004 ZB Reso.pdf 04-00572 & 04-00572a Miami River Commission Analysis.PDF 04-00572a Application & Supporting Docs.pdf 04-00572a FR Fact Sheet 05-26-05.pdf 04-00572a FR Fact Sheet 06-23-05.pdf 05-00520a SR Fact Sheet.pdf 12721 City of Miami Page 55 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 MOVED: Angel Gonzalez SECONDED: Jeffery L. Allen Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Allen ABSENT: Commissioner Winton PZ.13 05-00520 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SPECIAL DISTRICTS, IN ORDER TO AMEND SECTION 610 AND SUBSECTIONS THEREOF, SD-10 JACKSON MEMORIAL HOSPITAL MEDICAL CENTER OVERLAY DISTRICT, IN ORDER TO CHANGE THE NAME OF THE DISTRICT TO THE "MEDICAL HEALTH CARE, HOSPITAL AND RESEARCH PARK OVERLAY DISTRICT", AND IN ORDER TO MODIFY SPECIAL DISTRICT REQUIREMENTS, INCLUDING CONSIDERATIONS FOR CLASS II PERMIT DETERMINATIONS REQUIREMENTS RELATED TO HEIGHT, SETBACK, FLOOR AREA RATIO AND PARKING AND LOADING LIMITATIONS FOR SPECIAL PERMITS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 18, 2005 by a vote of 5-0. See companion File ID 05-00520a. PURPOSE: This will change the name and modify special district requirements for the SD-10 Jackson Memorial Hospital Medical Center Overlay District. 05-00520 SR Legislation (Version 2).PDF 05-00520 FR Legislation.pdf 05-00520 Analysis.pdf 05-00520 PAB Reso.pdf 05-00520 FR Fact Sheet.pdf 05-00520-Modification.pdf 05-00520 SR Fact Sheet.pdf 12722 MOVED: Angel Gonzalez SECONDED: Jeffery L. Allen Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Regalado and Allen City of Miami Page 56 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 ABSENT: Commissioner Sanchez PZ.14 05-00520a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 24 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 FOR THE PROPERTIES LOCATED WITHIN AND APPROXIMATELY BOUNDED BY INTERSTATE 1-95 TO THE EAST, NORTHWEST 20TH STREET TO THE NORTH, STATE ROAD 836 TO THE SOUTH AND NORTHWEST 14TH AVENUE TO THE WEST, MIAMI, FLORIDA; (SEE COMPLETE LEGAL DESCRIPTION AND MAP ON FILE), IN ORDER TO REMOVE THE SD-19 DESIGNATED FAR OVERLAY DISTRICT FROM THE FORMER SD-10 JACKSON MEMORIAL HOSPITAL MEDICAL CENTER OVERLAY DISTRICT, AND IN ORDER TO ADD THE NEW SD-10 "MEDICAL HEALTH CARE, HOSPITAL AND RESEARCH PARK OVERLAY DISTRICT" TO THE ENTIRE NEW BOUNDARIES FOR SUCH PROPERTIES, AS LEGALLY DESCRIBED IN "EXHIBIT A" OF THE ADOPTING ORDINANCE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 by Changing the Zoning Atlas to Add the SD-10 Medical Health Care, Hospital and Research Park Overlay District to Certain Properties and Simultaneously Remove the SD-19 Designated FAR Overlay District from Portions of the District as Described in the Ordinance LOCATION: Approximately Bounded by Interstate 1-95 to the East, NW 20th Street to the North, SR 836 to the South and NW 14th Avenue to the West APPLICANT(S): Planning Department FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 18, 2005 by a vote of 5-0. See companion File ID 05-00520. PURPOSE: This will generally add the SD-10 Medical Health Care, Hospital and Research Park Overlay District to the above properties. 05-00520a Legislation.pdf 05-00520a Zoning Map.pdf 05-00520a Aerial Map.pdf 05-00520a PAB Reso.pdf 05-00520a FR Fact Sheet.pdf 05-00520a SR Fact Sheet.pdf 12723 MOVED: Tomas Regalado SECONDED: Jeffery L. Allen Motion that this matter be ADOPTED PASSED by the following vote. City of Miami Page 57 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 AYES: Commissioner Gonzalez, Winton, Regalado and Allen ABSENT: Commissioner Sanchez PZ.15 05-00521 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SPECIAL DISTRICTS, IN ORDER TO AMEND SECTION 627 BY AMENDING THE NAME OF THE SD-27.2 DISTRICT FROM BUENA VISTA YARD WEST SPECIAL DISTRICT TO MIDTOWN MIAMI WEST SPECIAL DISTRICT, AND BY AMENDING CERTAIN PROVISIONS IN THE SD-27.1 DISTRICT RELATED TO HEIGHT OF PARKING STRUCTURES; 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, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 18, 2005 by a vote of 5-0. PURPOSE: This will amend the name of the SD-27.2 district from Buena Vista Yard West Special District to Midtown Miami West Special District and amend certain provisions in SD-27.1. 05-00521 Legislation.pdf 05-00521 Zoning Map.pdf 05-00521 PAB Reso.pdf 05-00521 FR Fact Sheet.pdf 05-00521 SR Fact Sheet.pdf 12724 MOVED: Johnny L. Winton SECONDED: Jeffery L. Allen Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Regalado and Allen ABSENT: Commissioner Sanchez PZ.16 05-00619 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE ENTIRE BLOCK BOUNDED BY NORTHWEST 6TH AVENUE ON THE EAST, NORTHWEST 7TH AVENUE ON THE WEST, NORTHWEST 8TH STREET ON THE NORTH AND NORTHWEST 7TH STREET ON THE SOUTH, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL;" City of Miami Page 58 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 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 "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately the Entire Block Bounded by NW 6th Avenue on the East, NW 7th Avenue on the West, NW 8th Street on the North and NW 7th Street on the South APPLICANT(S): Lucky Royal, Inc, Owner and Urban River Partners, Inc., Contract Purchaser APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 15, 2005 by a vote of 5-0. See companion File ID 05-00619a. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Urban River Major Use Special Permit project. 05-00619 Legislation.pdf 05-00619 & 05-00619a Exhibit A.pdf 05-00619 Analysis.pdf 05-00619 Land Use Map.pdf 05-00619, 05-00619a & 05-00619b Aerial Map.pdf 05-00619 School Board Review.pdf 05-00619 PAB Reso.pdf 05-00619 Application & Supporting Docs.pdf 05-00619 FR Fact Sheet.pdf MOVED: Johnny L. Winton SECONDED: Jeffery L. Allen UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen PZ.17 05-00619a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 23, 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-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY THE ENTIRE BLOCK BOUNDED BY NORTHWEST 6TH AVENUE ON THE EAST, NORTHWEST City of Miami Page 59 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 7TH AVENUE ON THE WEST, NORTHWEST 8TH STREET ON THE NORTH AND NORTHWEST 7TH STREET ON THE SOUTH, 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 I Industrial to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately the Entire Block Bounded by NW 6th Avenue on the East, NW 7th Avenue on the West, NW 8th Street on the North and NW 7th Street on the South APPLICANT(S): Lucky Royal, Inc, Owner and Urban River Partners, Inc., Contract Purchaser APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on May 23, 2005 by a vote of 7-0. See companion File ID 05-00619. PURPOSE: This will change the above properties to C-1 Restricted Commercial for the proposed Urban River Major Use Special Permit project. 05-00619a Legislation.pdf 05-00619 & 05-00619a Exhibit A.pdf 05-00619a Analysis.pdf 05-00619a & 05-00619b Zoning Map.pdf 05-00619, 05-00619a & 05-00619b Aerial Map.pdf 05-00619a ZB Reso.pdf 05-00619a Application & Supporting Docs.pdf 05-00619a FR Fact Sheet.pdf MOVED: Johnny L. Winton SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen PZ.18 05-00620 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2215 NORTHWEST 14TH STREET, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 60 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 2215 NW 14th Street APPLICANT(S): Riverside 22 Investments, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Made a motion on May 23, 2005 to find the proposed Coastal on the River project consistent with the Miami River Corridor Urban Infill Plan, which failed due to a tie vote of 5-5. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 15, 2005 by a vote of 5-1. See companion File ID 05-00620a. PURPOSE: This will change the above property to Restricted Commercial for the proposed Coastal on the River Major Use Special Permit project. 05-00620 Legislation.pdf 05-00620 & 05-00620a Exhibit A.pdf 05-00620 Analysis.pdf 05-00620 Land Use Map.pdf 05-00620, 05-00620a & 05-00620b Aerial Map.pdf 05-00620 & 05-00620a Miami River Comm Comments.pdf 05-00620 School Board Review.pdf 05-00620 PAB Reso.pdf 05-00620 Application & Supporting Docs.pdf 05-00620 FR Fact Sheet.pdf MOVED: Jeffery L. Allen SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Direction to the Administration by Commissioner Winton to study ways to create zones with compatible uses, if at all possible, to avoid spot zoning. PZ.19 05-00620a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 25, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "SD-4" WATERFRONT INDUSTRIAL DISTRICT TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2215 NORTHWEST 14TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY City of Miami Page 61 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 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 to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 2215 NW 14th Street APPLICANT(S): Riverside 22 Investments, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Made a motion on May 23, 2005 to find the proposed Coastal on the River project consistent with the Miami River Corridor Urban Infill Plan, which failed due to a tie vote of 5-5. ZONING BOARD: Recommended approval to City Commission on May 23, 2005 by a vote of 7-1. See companion File ID 05-00620. PURPOSE: This will change the above property to C-1 Restricted Commercial for the proposed Coastal on the River Major Use Special Permit project. 05-00620a Legislation.pdf 05-00620 & 05-00620a Exhibit A.pdf 05-00620a Analysis.pdf 05-00620a & 05-00620b Zoning Map.pdf 05-00620, 05-00620a & 05-00620b Aerial Map.pdf 05-00620 & 05-00620a Miami River Comm Comments.pdf 05-00620a ZB Reso.pdf 05-00620a Application & Supporting Docs.pdf 05-00620a FR Fact Sheet.pdf MOVED: Angel Gonzalez SECONDED: Johnny L. Winton UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen PZ.20 04-00720 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT APPLICATION PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE CENTURY PLAZA (FKA OCEAN PALACE) PROJECT, TO BE LOCATED AT APPROXIMATELY 850 LE JEUNE ROAD AND 865 NORTHWEST 43RD AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE TWO -BUILDING DEVELOPMENT OF APPROXIMATELY 74 FEET AND 7 STORIES IN HEIGHT; CONSISTING OF APPROXIMATELY 324 UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 7,994 SQUARE FEET OF RETAIL SPACE; AND City of Miami Page 62 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 APPROXIMATELY 664 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; 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 Century Plaza (FKA Ocean Palace) Project LOCATION: Approximately 850 NW Le Jeune Road and 865 NW 43rd Avenue APPLICANT(S): Century Homebuilders of South Florida, LLC APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 16, 2004 by a vote of 7-0 of the Ocean Palace Project. Recommended denial due to a motion to approve, which failed, constituting a recommendation of denial to City Commission on June 15, 2005 by a vote of 3-3 of the Century Plaza Project. ZONING BOARD: Recommended approval with conditions* of special exceptions for the Ocean Palace Project to City Commission on May 10, 2004 by a vote of 9-0. Recommended approval with conditions* of a special exception for the Century Palace Project to City Commission on May 23, 2005 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the Century Plaza (FKA Ocean Palace) project. City of Miami Page 63 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 04-00720 Table of Contents.PDF 04-00720 Article I - Project Information.PDF 04-00720 Article 11 - Project Description.PDF 04-00720 Survey.PDF 04-00720 Site Plan.PDF 04-00720 Architectural and Landscape Drawings.PDF 04-00720 Traffic Impact Analysis - Part I.PDF 04-00720 Traffic Impact Analysis - Part II.PDF 04-00720 Site Utility Study.PDF 04-00720 Economic Impact Study.PDF 04-00720 Minority Construction Employment Plan.PDF 04-00720 Legislation (Version 2).pdf 04-00720 Exhibit A.pdf 04-00720 Exhibit B.pdf 04-00720 MUSP Analysis.pdf 04-00720 Zoning Map.pdf 04-00720 Aerial Map.pdf 04-00720 Miami -Dade Aviation Dept Ocean Palace Review.pdf 04-00720 Design Review Comments.pdf 04-00720 Miami -Dade Aviation Dept Century Plaza Review.pdf 04-00720 Special Exception Fact Sheet.pdf 04-00720 Special Exception Analysis.pdf 04-00720 May 23, 2005 ZB Reso.pdf 04-00720 May 10, 2004 ZB Reso.pdf 04-00720 School Board Review.pdf 04-00720 June 15, 2005 PAB Reso.pdf 04-00720 June 16, 2004 PAB Reso.pdf 04-00720 MUSP Fact Sheet.pdf R-05-0487 MOVED: Angel Gonzalez SECONDED: Johnny L. Winton UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen PZ.21 05-00649 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, AS AMENDED, FOR THE 1650 BISCAYNE BOULEVARD PROJECT, TO BE LOCATED AT APPROXIMATELY 1650 BISCAYNE BOULEVARD; 233-35, 240, 243 AND 249 NORTHEAST 16TH STREET; AND 220 AND 240 NORTHEAST 17TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE DEVELOPMENT WITH THREE BUILDINGS RANGING IN HEIGHT FROM APPROXIMATELY 140 FEET TO 600 FEET TO BE COMPRISED OF APPROXIMATELY 824 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 49,020 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 53,720 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 1,174 TOTAL PARKING SPACES; City of Miami Page 64 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 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 1650 Biscayne Boulevard Project LOCATION: Approximately 1650 Biscayne Boulevard; 233-35, 240, 243 and 249 NE 16th Street; and 220 and 240 NE 17th Street APPLICANT(S): Cardinal Symphony, LLC and Jack K. Thomas, Tr. APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 29, 2005 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the 1650 Biscayne Boulevard project. City of Miami Page 65 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 05-00649 Inside Cover.PDF 05-00649 Table of Contents.PDF 05-00649 Article I - Project Information.PDF 05-00649 Letter of Intent.PDF 05-00649 Major Use Special Permit Application.PDF 05-00649 Zoning Write-Up.PDF 05-00649 Zoning Atlas.PDF 05-00649 Project Data Sheet.PDF 05-00649 Deed - Computer.PDF 05-00649 Ownership List.PDF 05-00649 State of Florida Documents.PDF 05-00649 Owner's Authorization Letter.PDF 05-00649 Directory of Project Principals.PDF 05-00649 Article II - Project Description.PDF 05-00649 Article III - Supporting Documents.PDF 05-00649 Minority Construction Employment Plan.PDF 05-00649 Traffic Impact Analysis - Part I.PDF 05-00649 Traffic Impact Analysis - Part II.PDF 05-00649 Site Utility Study.PDF 05-00649 Economic Impact Study.PDF 05-00649 Survey of Property.PDF 05-00649 Drawings Submitted.PDF 05-00649 Legislation.pdf 05-00649 Exhibit A.pdf 05-00649 Exhibit B.pdf 05-00649 Analysis.pdf 05-00649 Zoning Map.pdf 05-00649 Aerial Map.pdf 05-00649 Design Review Comments.pdf 05-00649 Miami -Dade Aviation Dept Review.pdf 05-00649 Attorney E-mail.pdf 05-00649 School Board Review.pdf 05-00649 PAB Reso.pdf 05-00649 Fact Sheet.pdf R-05-0492 MOVED: Johnny L. Winton SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen PZ.22 04-01208 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, AFFIRMING OR REVERSING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS OR DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 03-0309 ISSUED ON JULY 21, 2004, TO ALLOW City of Miami Page 66 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." REQUEST: Appeal of a Zoning Board Decision of a Class II Special Permit Appeal LOCATION: Approximately 5101 Biscayne Boulevard APPLICANT(S): Chetbro, Inc. APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire APPELLANT(S): Morningside Civic Association, Inc., Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz, Adjacent Property Owners APPELLANT(S) AGENT: Andrew W.J. Dickman, Esquire FI NDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and uphold the Zoning Board's decision of the director's decision. ZONING BOARD: Denied the Class II Special Permit appeal on October 4, 2004 by a vote of 8-0. PURPOSE: The approval of this appeal will not allow the new construction of a mixed -use structure. NOTE: On November 18, 2004, the City Commission granted the appeal. 04-01208 Legislation (Version 2).PDF 04-01208 Exhibit A.PDF 04-01208 Legislation (Version 3).PDF 04-01208 Exhibit A.PDF 04-01208 Zoning Map.pdf 04-01208 Aerial Map.pdf 04-01208 ZB Appeal Letter.PDF 04-01208 ZB Reso.PDF 04-01208 Class II Appeal Letter.PDF 04-01208 Class II Final Decision.PDF 04-01208 Plans.PDF 04-01208 UDRB Reso.PDF 04-01208 Class II Referral.PDF 04-01208 Fact Sheet 11-18-04.pdf 04-01208 Fact Sheet 05-26-05.pdf 04-01208 Fact Sheet 07-28-05.pdf R-04-0764 CONTINUED Note for the Record: Item PZ. 22 passed on November 18, 2005 as R-04-0764, granting the appeal. It was reconsidered on December 9, 2004 and was continued on July 28, 2005. A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was City of Miami Page 67 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 passed unanimously, to continue item PZ.22 to the Commission Meeting currently scheduled for September 22, 2005, at a time certain of 10:00 a.m. PZ.23 04-01209 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, AFFIRMING OR REVERSING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS OR DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 03-0308 ISSUED ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT APPROXIMATELY 5225 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." REQUEST: Appeal of a Zoning Board Decision of a Class II Special Permit Appeal LOCATION: Approximately 5225 Biscayne Boulevard APPLICANT(S): Biscayne & 54 Double Drive Thru APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire APPELLANT(S): Morningside Civic Association, Inc., Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz, Adjacent Property Owners APPELLANT(S) AGENT: Andrew W.J. Dickman, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and uphold the Zoning Board's decision of the director's decision. ZONING BOARD: Denied the Class II Special Permit appeal on October 4, 2004 by a vote of 8-0. PURPOSE: The approval of this appeal will not allow the new construction of a mixed -use structure. NOTE: On November 18, 2004, the City Commission granted the appeal. City of Miami Page 68 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 04-01209 Legislation (Version 2).PDF 04-01209 Exhibit A.pdf 04-01209 Legislation (Version 3).PDF 04-01209 Exhibit A.pdf 04-01209 Zoning Map.pdf 04-01209 Aerial Map.pdf 04-01209 ZB Appeal Letter.PDF 04-01209 ZB Reso.PDF 04-01209 Class II Appeal Letter.PDF 04-01209 Class II Final Decision.PDF 04-01209 Plans.PDF 04-01209 UDRB Reso.PDF 04-01209 Class II Referral.PDF 04-01209 Fact Sheet 11-18-04.pdf 04-01209 Fact Sheet 05-26-05.pdf 04-01209 Fact Sheet 07-28-05.pdf R-04-0765 WITHDRAWN Note for the Record: Item PZ. 23 passed on November 18, 2005 as R-04-0765, granting the appeal. It was reconsidered on December 9, 2004 and was withdrawn by the Applicant on July 28, 2005. PZ.24 05-00567 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY APPROVING WITH CONDITIONS OR DENYING, THE CLASS II SPECIAL PERMIT APPLICATION NO. 05-0065, ISSUED BY THE PLANNING DIRECTOR ON MARCH 16, 2005, TO ALLOW AN ADDITION/REMODELING FOR THE EMERGENCY DEPARTMENT, LOCATED WITHIN THE MERCY HOSPITAL GROUNDS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3663 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." City of Miami Page 69 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 REQUEST: Appeal of a Zoning Board Decision of a Class II Special Permit Appeal LOCATION: Approximately 3663 S Bayshore Drive APPLICANT(S): Mercy Hospital, Inc. APPLICANT(S) AGENT: Peter Mills, Director of Plant Operations APPELLANT(S): Bay Heights Home Improvement Association and Nancy Benvaich, Adjacent Property Owners APPELLANT(S) AGENT: W. Tucker Gibbs, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and uphold the Zoning Board's decision of the director's decision. ZONING BOARD: Denied the Class II Special Permit appeal on May 23, 2005 by a vote of 8-0. PURPOSE: The approval of this appeal will not allow for the addition/remodeling of the Emergency Department for Mercy Hospital. 05-00567 Legislation (Version 2).pdf 05-00567 Exhibit A.pdf 05-00567 Legislation (Version 3).pdf 05-00567 Exhibit A.pdf 05-00567 Zoning Map.pdf 05-00567 Aerial Map.pdf 05-00567 ZB Appeal Letter.pdf 05-00567 ZB Reso.pdf 05-00567 Class II Appeal Letters.pdf 05-00567 Class II Final Decision.pdf 05-00567 Class II Referral.pdf 05-00567 Plans.pdf 05-00567 Fact Sheet.pdf WITHDRAWN Note for the Record: Appellant withdrew application. PZ.25 05-00568 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD AND THEREBY APPROVING WITH CONDITIONS, THE CLASS II SPECIAL PERMIT APPLICATION NO. 05-0028 ISSUED BY THE PLANNING DIRECTOR ON APRIL 18, 2005, TO ALLOW NEW CONSTRUCTION OF THE MILEBELLA PROJECT, ON THE PROPERTY LOCATED AT APPROXIMATELY 6151 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." City of Miami Page 70 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 05-00568 Legislation (Version 2).pdf 05-00568 Exhibit A.pdf 05-00568 Legislation (Version 3).pdf 05-00568 Exhibit A.pdf 05-00568 Zoning Map.pdf 05-00568 Aerial Map.pdf 05-00568 ZB Appeal Letter.pdf 05-00568 May 23, 2005 ZB Reso.pdf 05-00568 April 18, 2005 Revised Class II Appeal Letter.pdf 05-00568 Revised Class II Final Decision.pdf 05-00568 Class II Rescinded Final Decision.pdf 05-00568 March 28, 2005 ZB Reso.pdf 05-00568 February 11, 2005 Final Decision.pdf 05-00568 Class II Referral.pdf 05-00568 Plans.pdf 05-00568 Warranty Deed.pdf 05-00568 Fact Sheet.pdf R-05-0495 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 Allen PZ.26 05-00078a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 14, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL TO "R-1" SINGLE-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 632 AND 634 NORTHEAST 68TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 71 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Residential to R-1 Single -Family Residential with an SD-12 Buffer Overlay District to Change the Zoning Atlas LOCATION: Approximately 632 and 634 NE 68th Street APPLICANT(S): Balans Biscayne Properties, LC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended denial to City Commission on March 14, 2005 by a vote of 7-0 of the request to C-1 Restricted Commercial with an SD-9 Biscayne Boulevard North Overlay District. Recommended approval to City Commission on June 13, 2005 by a vote of 8-1 of the request to R-1 Single -Family Residential with an SD-12 Buffer Overlay District. PURPOSE: This will change the above properties to R-1 Single -Family Residential with an SD-12 Buffer Overlay District. NOTE: At the City Commission meeting of April 28, 2005, the original companion request to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan from "Single Family Residential" to "Restricted Commercial" was withdrawn. 05-00078a Legislation (Version 2).pdf 05-00078a Exhibit A.pdf 05-00078a Analysis.pdf 05-00078a Zoning Map.pdf 05-00078a Aerial Map.pdf 05-00078a March 14, 2005 ZB Reso.pdf 05-00078a June 13, 2005 ZB Reso.pdf 05-00078a Application & Supporting Docs.pdf 05-00078a FR Fact Sheet.pdf MOVED: Johnny L. Winton SECONDED: Tomas Regalado Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton and Regalado NOES: Commissioner Allen ABSENT: Commissioner Sanchez A motion was made by Commissioner Winton, seconded by Commissioner Allen, and failed, with Commissioners Allen and Regalado voting "No" and Chairman Sanchez absent, to approve Item PZ.26 on first reading. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Chairman Sanchez absent, to reconsider prior vote to approve Item PZ.26 on first reading. Note for the Record: Item PZ.26 subsequently passed on first reading. City of Miami Page 72 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 PZ.27 05-00623 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, 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 501 BRICKELL AVENUE, MIAMI, FLORIDA, FROM "RECREATION" TO "OFFICE;" 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 "Office" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 501 Brickell Avenue APPLICANT(S): City National Bank, as Trustee Under Trust Number 2401-1863-00, Owner and City National Bank of Florida, Trust (Brickell Park) and The Related Group of Florida, Contract Purchaser APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 15, 2005 by a vote of 6-0. See companion File IDs 05-00623a and 05-00623b. PURPOSE: This will change the above property to Office for the proposed Icon Brickell Major Use Special Permit project. 05-00623 Legislation.pdf 05-00623 & 05-00623a Exhibit A.pdf 05-00623 Analysis.pdf 05-00623 Land Use Map.pdf 05-00623, 05-00623a & 05-00623b Aerial Map.pdf 05-00623 School Board Review.pdf 05-00623 PAB Reso.pdf 05-00623 Application & Supporting Docs.pdf 05-00623 FR Fact Sheet.pdf MOVED: Jeffery L. Allen SECONDED: Tomas Regalado Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Regalado and Allen ABSENT: Commissioner Sanchez PZ.28 05-00623a ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH First Reading City of Miami Page 73 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 ATTACHMENT(S), AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "PR" PARKS AND RECREATION TO "SD-5" BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 501 BRICKELL AVENUE, 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 PR Parks and Recreation to SD-5 Brickell Avenue Area Residential -Office District to Change the Zoning Atlas LOCATION: Approximately 501 Brickell Avenue APPLICANT(S): City National Bank, as Trustee Under Trust Number 2401-1863-00, Owner and City National Bank of Florida, Trust (Brickell Park) and The Related Group of Florida, Contract Purchaser APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on May 23, 2005 by a vote of 7-0. See companion File IDs 05-00623 and 05-00623b. PURPOSE: This will change the above property to SD-5 Brickell Avenue Area Residential -Office District for the proposed Icon Brickell Major Use Special Permit project. 05-00623a Legislation.pdf 05-00623 & 05-00623a Exhibit A.pdf 05-00623a Analysis.pdf 05-00623a & 05-00623b Zoning Map.pdf 05-00623, 05-00623a & 05-00623b Aerial Map.pdf 05-00623a ZB Reso.pdf 05-00623a Application & Supporting Docs.pdf 05-00623a FR Fact Sheet.pdf MOVED: Johnny L. Winton SECONDED: Tomas Regalado Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Regalado and Allen ABSENT: Commissioner Sanchez PZ.29 05-00625 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF City of Miami Page 74 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 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 "R-2" TWO-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2951 SOUTHWEST 38TH COURT, 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-2 Two -Family Residential to R-2 Two -Family Residential with an SD-12 Buffer Overlay District to Change the Zoning Atlas LOCATION: Approximately 2951 SW 38th Court APPLICANT(S): Premier Luxury Investments, LLC APPLICANT(S) AGENT: Maria A. Gralia, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended denial to City Commission on May 23, 2005 by a vote of 5-3. See companion File ID 05-00625a. PURPOSE: This will change the above property to R-2 Two -Family Residential with an SD-12 Buffer Overlay District. 05-00625 Legislation.pdf 05-00625 Exhibit A.pdf 05-00625 Analysis.pdf 05-00625 Zoning Map.pdf 05-00625 Aerial Map.pdf 05-00625 ZB Reso.pdf 05-00625 Application & Supporting Docs.pdf 05-00625 FR Fact Sheet.pdf MOVED: Jeffery L. Allen SECONDED: Tomas Regalado Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Regalado and Allen ABSENT: Commissioner Sanchez City of Miami Page 75 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 NON -AGENDA ITEMS NA.1 05-00768 DISCUSSION ITEM Comments by Commission regarding untimely death of former City Commissioner Arthur E. Teele, Jr. DISCUSSED NA.2 05-00774 DISCUSSION ITEM Direction to the City Manager by Commissioner Allen to instruct the Community Development Director to continue to work with (Neighbors and Neighbors Association) N.A.N.A. concerning a commercial pilot facade project developing in the area of NW. 54th Street up to NW. 58th Street and NW 7th Avenue to complete the $500,000 contract for its services and to bring this issue back for the first commission meeting in September. DISCUSSED NA.3 05-00775 DISCUSSION ITEM Comments regarding celeberations taking place for the City of Miami's 109th birthday, including the unveiling of two murals in the lobby at City Hall. DISCUSSED NA.4 05-00777 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE PLANNING ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Janice I. Tarbert Commissioner Tomas Regalado R-05-0497 MOVED: Tomas Regalado SECONDED: Jeffery L. Allen Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Regalado and Allen ABSENT: Commissioner Winton and Sanchez A motion was made by Commissioner Regalado, seconded by Commissioner Allen, and was passed unanimously, with Chairman Sanchez and Commissioner Winton absent, to appoint Janice Tarbert as a member of the Planning Advisory Board. A motion was made by Commissioner Allen, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Sanchez and Commissioner Winton absent, to confirm the appointment of David Wilson as a member of the Planning Advisory Board. City of Miami Page 76 Printed on 8/1/2005 City Commission Marked Agenda July 28, 2005 NA.5 05-00773 RESOLUTION ADJOURN A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE COSTS RELATED TO THE CITY OF MIAMI POLICE DEPARTMENT'S "THE CITY SUMMER CONCERTS," TO BE HELD ON SEPTEMBER 9TH AND SEPTEMBER 24TH, 2005, AT THE COCONUT GROVE EXPO CENTER, 2700 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, IN AN AMOUNT NOT TO EXCEED $20,000, FOR BOTH DATES, TO ASSIST WITH COSTS RELATED WITH SAID EVENT INCLUDING WAIVING THE FEES FOR THE STREET BANNER PERMITS, THE FACILITY, POLICE, FIRE, GENERAL SERVICES ADMINISTRATION AND OTHER RELATED DEPARTMENTS AND ADVERTISEMENTS. R-05-0496 MOVED: Tomas Regalado SECONDED: Jeffery L. Allen Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Regalado and Allen ABSENT: Commissioner Winton and Sanchez A motion was made by Commissioner Allen, seconded by Commissioner Regalado, and was passed unanimously with Chairman Sanchez and Commissioner Winton absent, to adjourn today's Commission meeting. City of Miami Page 77 Printed on 8/1/2005