HomeMy WebLinkAboutCC 2008-02-28 Marked AgendaCity of Miami
Marked Agenda
City Commission
Manuel A. Diaz, Mayor
Joe Sanchez, Chair
Michelle Spence -Jones, Vice -Chair
Angel Gonzalez, Commissioner District One
Marc David Sarnoff, Commissioner District Two
Tomas Regalado, Commissioner District Four
Pedro G. Hernandez, City Manager
Maria J. Chiaro, Interim City Attorney
Priscilla A. Thompson, City Clerk
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Thursday, February 28, 2008
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.3 may be heard
in the number sequence or as announced by the Commission
PH - PUBLIC HEARINGS
10:30 AM - Transfer Funds - Urban Empowerment Corp.
SR - SECOND READING ORDINANCES
RE - RESOLUTIONS
PART B
PZ - PLANNING AND ZONING ITEM(S)
The Planning and Zoning item(s) shall not be considered before 10:00 am.
M - MAYOR'S ITEMS
D1 - DISTRICT 1 ITEMS
D2 - DISTRICT 2 ITEMS
City of_lriarni
Page 1 Printed on 3, 3'2008
City Commission
Marked Agenda February 28, 2008
D3 - DISTRICT 3 ITEMS
D4 - DISTRICT 4 ITEMS
D5 - DISTRICT 5 ITEMS
Minutes are transcribed verbatim. Periodically, agenda items are revisited during a
meeting. "[Later...]" refers to discussions that were interrupted and later continued.
City ofMiami Page 2 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez,
Commissioner Regalado and Vice Chair Spence -Jones
On the 28th day of February 2008, 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 Chair Joe Sanchez at 9:17 a.m., recessed at
12:01 p.m., reconvened at 2:15 p.m., recessed at 3:27 p.m., reconvened at 3:34 p.m., and
adjourned at 4:41 p.m.
Note for the Record: Commissioner Sarnoff entered the Commission chambers at 9:18
a.m. and Commissioner Gonzalez entered at 9:41 a.m.
Note for the Record: Commissioner Gonzalez was absent during the afternoon session.
Pedro G. Hernandez, City Manager
Maria J. Chiaro, Interim City Attorney
Priscilla A. Thompson, City Clerk
PRESENTATIONS AND PROCLAMATIONS
08-00242 CEREMONIAL ITEM
Honoree Presenter Protocol Item
Dr. Rudy Crew Mayor Diaz Proclamation
Miami Northwestern Commissioner Certificates
Senior High School Spence -Jones
Football Team
Booker T. Washington Commissioner Certificates
Senior High School Spence -Jones
Football Team
Note for the Record: Proclamation to Dr. Rudy Crew was not presented.
1. Vice Chair Spence -Jones presented Certificates of Appreciation to the players of Miami
Northwestern Senior High School Bulls Football Team for their countless hours of training
and commitment to physical excellence and team spirit, resulting in the achievement the
2007 State Championship in Class 6A Football and its first -place ranking in ESPN's Top 25
Elite High School Teams in America.
2. Vice Chair Spence -Jones presented Certificates of Appreciation to the players of Booker
T. Washington Senior High School Tornadoes Football Team for their countless hours of
training and commitment to physical excellence and team spirit, resulting in the
achievement of the 2007 State Championship in Class 4A Football and its fourth -place
ranking in ESPN's Top 25 Elite High School Teams in America.
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 January 24, 2008
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City Commission
Marked Agenda February 28, 2008
MOVED: Marc David Sarnoff
SECONDED: Tomas Regalado
Motion to APPROVED PASSED by the following vote.
AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones
ABSENT: Commissioner Gonzalez
City ofMiami Page 4 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
CA.1 08-00143 RESOLUTION
Bayfront Park
Management Trust
CA.2 08-00144
Department of
Parks and
Recreation
CA.3 08-00145
Department of
Purchasing
ORDER OF THE DAY
CONSENT AGENDA
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID
RECEIVED DECEMBER 10, 2007, PURSUANT TO INVITATION FOR BIDS
NO. 70032, FROM REXEL, INC., FOR THE BAYFRONT PARK MANAGEMENT
TRUST LIGHTING PROJECT, IN AN AMOUNT NOT TO EXCEED
$118,014.88; ALLOCATING FUNDS FROM THE 2007-2008 BAYFRONT PARK
MANAGEMENT TRUST CAPITAL IMPROVEMENT BUDGET.
08-00143 Legislation.pdf
08-00143 Summary Form.pdf
08-00143 Memo.pdf
08-00143 Quotes.pdf
08-00143 Approval Agenda.pdf
08-00143 Invitation for Bid.pdf
R-08-0090
This Matter was ADOPTED on the Consent Agenda.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS
RECEIVED NOVEMBER 7, 2007, PURSUANT TO INVITATION FOR BIDS NO.
53028,1, FROM RECREONICS, INC., AND WATER SAFETY PRODUCTS,
INC., FOR THE PURCHASE OF POOL EQUIPMENT AND ACCESSORIES, ON
AN AS -NEEDED CONTRACTUAL BASIS, FOR POOLS CITYWIDE, FOR AN
INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO
RENEW FOR UP TO THREE (3) ADDITIONAL ONE-YEAR PERIODS;
ALLOCATING FUNDS FROM THE VARIOUS FUNDING SOURCES OF THE
USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT THE TIME OF NEED.
08-00144 Legislation.pdf
08-00144 Summary Form.pdf
08-00144 Award Recommendation.pdf
08-00144 Tabulation of Bids.pdf
08-00144 Certification of Statement.pdf
08-00144 Quote.pdf
08-00144 Quote2.pdf
08-00144 Quote3.pdf
08-00144 Invitation for Bid.pdf
R-08-0091
This Matter was ADOPTED on the Consent Agenda.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS
RECEIVED JANUARY 2, 2008, PURSUANT TO INVITATION FOR BIDS NO.
66044, FROM TRI-STATE EMPLOYMENT SERVICES, INC., A1A
City ofMiami Page 5 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
EMPLOYMENT SERVICE, INC., AND WESTSTAFF (USA), INC., FOR THE
PROVISION OF TEMPORARY PERSONNEL SERVICES, FOR THE
DEPARTMENT OF EMPLOYEE RELATIONS, TO BE UTILIZED CITYWIDE,
ON AN AS -NEEDED CONTRACT BASIS, FOR A ONE (1) YEAR PERIOD,
WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR
PERIODS; ALLOCATING FUNDS FROM THE VARIOUS FUNDING SOURCES
OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF
FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED.
08-00145 Legislation.pdf
08-00145 Summary Form.pdf
08-00145 Award Recommendation.pdf
08-00145 Tabulation of Bids.pdf
08-00145 Invitation for Bid.pdf
08-00145 Attachment A.pdf
R-08-0092
This Matter was ADOPTED on the Consent Agenda.
Adopted the Consent Agenda
MOVED: Angel Gonzalez
SECONDED: Michelle Spence -Jones
AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
END OF CONSENT AGENDA
City ofMiami Page 6 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
PH.1 08-00147
Department of
Police
PH.2 08-00156A
Department of
Planning
PUBLIC HEARINGS
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS
(4/5 THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES
AND APPROVING THE PROCUREMENT OF THE CRYSTAL REPORTS XI R2
WINDOWS CPU LICENSE AND MAINTENANCE SUPPORT, FROM
BUSINESS OBJECTS AMERICAS, FOR THE DEPARTMENT OF POLICE, IN
THE AMOUNT NOT TO EXCEED $33,600; ALLOCATING FUNDS FROM THE
POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
00001.191551.554000.0000.
08-00147 Legislation.pdf
08-00147 Summary Form.pdf
08-00147 Memo.pdf
08-00147 Memo2.pdf
08-00147 Memo3.pdf
08-00147 Notice to Public.pdf
08-00147 Quotation.pdf
08-00147 Letter.pdf
08-00147 E-mail.pdf
08-00147 E-mail2.pdf
08-00147-Summary Fact Sheet.pdf
R-08-0093
MOVED: Angel Gonzalez
SECONDED: Tomas Regalado
UNANIMOUS
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE,
AFTER A DULY NOTICED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY THAT
IT IS IN THE BEST INTEREST OF THE CITY OF MIAMI ("CITY") TO WAIVE
THE REQUIREMENTS FOR COMPETITIVE BID PROCEDURES PROVIDED
IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE
"CODE") IN SECTIONS 18-85, 18-87, 18-90 AND UNDER FLORIDA
STATUTES SECTION 287.055; AUTHORIZING AN INCREASE IN THE
AUTHORIZED AMOUNT BY AN AMOUNT NOT TO EXCEED ONE HUNDRED
AND FORTY-FIVE THOUSAND DOLLARS ($145,000) TO THE PREVIOUSLY
AUTHORIZED AMOUNT OF SEVEN HUNDRED AND SEVENTY FIVE
City ofMiami Page 7 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
THOUSAND DOLLARS ($775,000) FOR THE NEGOTIATED PROFESSIONAL
SERVICES AGREEMENT (" AGREEMENT") WITH EDWARD D. STONE, JR.
AND ASSOCIATES, INC. D/B/A EDSA FOR WORK REQUIRED FOR MASTER
PLANNING SERVICES FOR THE VIRGINIA KEY PROJECT AND FOR
PLANNING ALTERNATIVES FOR THE HISTORIC VIRGINIA KEY BEACH
PARK LAND AREA AND PROPOSED MUSEUM, INCREASING THE NEW
TOTAL AUTHORIZED AGREEMENT AMOUNT NOT TO EXCEED NINE
HUNDRED AND TWENTY THOUSAND DOLLARS ($920,000), AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AMENDMENT NO. 1 TO THE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID
PURPOSE AND TO REINSTATE, EXTEND, CONTINUE AND AMEND THE
AGREEMENT THROUGH SEPTEMBER 30, 2008, WITH FUNDING TO BE
APPROPRIATED FROM PLANNING ACCOUNT NO.
00001.351000.531000.0000.
08-00156a Legislation.pdf
08-00156a Exhibit.pdf
08-00156a Summary Form.pdf
08-00156a Memo.pdf
08-00156a Memo2.pdf
08-00156a Notice to Public.pdf
08-00156a Agreement.pdf
08-00156a Request for Qualifications.pdf
08-00156a Addenduml .pdf
08-00156a Scope of Services.pdf
08-00156a Bylaws.pdf
08-00156a Minutes.pdf
08-00156a Stock Agreement.pdf
08-00156a Exhibit B.pdf
08-00156a Text File Report.pdf
08-00156a Text File Report2.pdf
08-00156a Text File Report3.pdf
08-00156a Competitive Bidding.pdf
08-00156a Florida Statues.pdf
R-08-0094
MOVED: Michelle Spence -Jones
SECONDED: Marc David Sarnoff
UNANIMOUS
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
City ofMiami Page 8 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
10:30 A.M.
PH.3 08-00149
Department of
Community
Development
SR.1 07-01279
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ALLOCATING FUNDS, IN THE AMOUNT OF $167,000,
FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT
DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE TO URBAN
EMPOWERMENT CORPORATION, TO PROVIDE TECHNICAL ASSISTANCE
TO FOR -PROFIT BUSINESSES TO CREATE JOBS FOR LOW TO
MODERATE INCOME INDIVIDUALS, AS SPECIFIED IN EXHIBIT "A",
ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH SAID AGENCY FOR SAID PURPOSE.
08-00149 Legislation.pdf
08-00149 Exhibit.pdf
08-00149 Exhibit2.pdf
08-00149 Exhibit3.pdf
08-00149 Exhibit4.pdf
08-00149 Summary Form.pdf
08-00149 Public Notice.pdf
08-00149 Pre-Legislation.pdf
08-00149 Attachment A.pdf
08-00149 District 2 Funding.pdf
08-00149 Code of Regulations.pdf
08-00149 Pre-Legislation2.pdf
08-00149 Exhibit A.pdf
CONTINUED
Item PH.3 was continued to the Commission meeting currently scheduled for March 27,
2008.
ORDINANCE - SECOND READING
ORDINANCE Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING CHAPTER 35 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, ENTITLED, "MOTOR VEHICLES AND TRAFFIC," BY
CREATING ARTICLE X, ENTITLED, "DANGEROUS INTERSECTION
SAFETY," PROVIDING FOR RECORDED IMAGE MONITORING AND
ENFORCEMENT OF RED LIGHT INFRACTIONS, AND FOR RELATED
PROCEDURES AND PROVISIONS; FURTHER AMENDING CHAPTER 2,
ARTICLE X, SECTION 2-829, ENTITLED "ADMINISTRATION/CODE
ENFORCEMENT/SCHEDULE OF CIVIL PENALTIES," TO FACILITATE USE
OF CODE ENFORCEMENT MECHANISM FOR DANGEROUS
INTERSECTION SAFETY; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
07-01279 Legislation FR/SR.pdf
07-01279 Exhibit FR/SR.pdf
City ofMiami Page 9 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
RE.1 08-00150
Department of
Solid Waste
RE.2 08-00167
Office of the City
Attorney
12974
MOVED: Angel Gonzalez
SECONDED: Marc David Sarnoff
UNANIMOUS
Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez , and
was passed unanimously, directing the City Manager to proceed with the issuance of
Request For Proposals (RFP) soliciting companies to provide Image Capture Technologies.
RESOLUTIONS
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
APPROVAL OF THE REIMBURSEMENT OF FUNDS, WHICH WERE PAID TO
THE CITY OF MIAMI ("CITY") IN ERROR, FOR MISCODED ACCOUNTS PER
THE CITY'S NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE
AGREEMENT, IN THE AMOUNT OF $92,762.73, TO ALLIED WASTE
INDUSTRIES, INC.;STIPULATING THAT SAID AMOUNT CANNOT BE
INCREASED WITHOUT PRIOR APPROVAL OF THE CITY'S OFFICE OF
STRATEGIC PLANNING, BUDGETING AND PERFORMANCE; ALLOCATING
FUNDS FROM ACCOUNT CODE NO. 04001.213000.549000.
08-00150 Legislation.pdf
08-00150 Summary Form.pdf
08-00150 Letter.pdf
08-00150 Letter2.pdf
08-00150 Audit.pdf
R-08-0095
MOVED: Angel Gonzalez
SECONDED: Michelle Spence -Jones
UNANIMOUS
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A
PAYMENT TO THE CITY OF MIAMI, IN THE AMOUNT OF $500,000, IN
SETTLEMENT OF THE CITY OF MIAMI'S CLAIMS AND DEMANDS FOR THE
CASE OF CITY OF MIAMI VS. CONE CONSTRUCTORS, INC. AND
AMERICAN HOME ASSURANCE COMPANY IN THE CIRCUIT COURT OF
THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, CASE NO. 03-18622 CA (08), PURSUANT TO THE TERMS OF A
SETTLEMENT AGREEMENT; AND DIRECTING THE CITY MANAGER TO
EXECUTE THE SETTLEMENT AGREEMENT AND ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
City ofMiami Page 10 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
RE.3 08-00175
Office of the City
Attorney
RE.4 08-00184
Office of the City
Attorney
EFFECTUATE THE SETTLEMENT.
08-00167 Legislation.pdf
08-00167 Cover Memo.pdf
R-08-0096
MOVED: Angel Gonzalez
SECONDED: Tomas Regalado
UNANIMOUS
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY XIOMARA QUINONES, WITHOUT
ADMISSION OF LIABILITY, THE TOTAL SUM OF $75,000 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 XIOMARA QUINONES VS. CITY OF MIAMI, IN THE
CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 07-23005
CA (10), 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.
05002.301001.545000.0000.00000.
08-00175 Legislation.pdf
08-00175 Memo.pdf
08-00175 Memo2.pdf
R-08-0097
MOVED: Angel Gonzalez
SECONDED: Marc David Sarnoff
UNANIMOUS
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
EXPENDITURE OF ATTORNEY'S FEES AND COSTS, IN AN AMOUNT
APPROVED BY THE CITY ATTORNEY, FOR THE ENGAGEMENT OF THE
LAW FIRM OF COLE, SCOTT AND KISSANE, P.A., TO PROVIDE SPECIAL
COUNSEL SERVICES TO FORMER CITY MANAGERS HOWARD V. GARY,
CESAR H. ODIO, AND DONALD WARSHAW, IN THE CASE OF JERRY
FRANK TOWNSEND, ET AL V. CITY OF MIAMI, ET AL., CASE NO.
03-21072-CIV-JORDAN, AND REQUIRING THE CITY ATTORNEY TO
REPORT TO THE CITY COMMISSION ON A MONTHLY BASIS THE AMOUNT
OF FEES AND COSTS INCURRED TO DATE.
City ofMiami Page 11 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
RE.5 08-00194
District 2-
Commissioner
Marc David
Sarnoff
RE.6 08-00118A
District 2-
Commissioner
Marc David
Sarnoff
08-00184 Legislation.pdf
08-00184 Cover Memo.pdf
R-08-0098
MOVED: Angel Gonzalez
SECONDED: Marc David Sarnoff
UNANIMOUS
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A
DONATION OF A FENCE, AT AN ESTIMATED FAIR MARKET VALUE OF
$14,500, FROM BERIMBAU INVESTMENTS, PLACED AT THE GROVE
HERITAGE GARDEN PARK, IN THE CITY OF MIAMI, FLORIDA.
08-00194 Legislation.pdf
08-00194 Cover Memo.pdf
WITHDRAWN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
MEMBERS OF THE UNITED STATES CONGRESS TO SUPPORT THE
RE-ENACTMENT OF THE FEDERAL ASSAULT WEAPONS BAN AS
PROPOSED IN HOUSE RESOLUTION 1022 SPONSORED BY
REPRESENTATIVE CAROLYN MCCARTHY OF NEWYORK (ASSAULT
WEAPONS BAN AND LAW ENFORCEMENT PROTECTION ACT OF 2007);
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN.
08-00118a Legislation.pdf
08-00118A-Submittal-Correspondence-Mel Martinez.pdf
08-00118A-Submittal-City of North Miami Beach Resolution.pdf
R-08-0099
MOVED: Angel Gonzalez
SECONDED: Michelle Spence -Jones
UNANIMOUS
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
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City Commission
Marked Agenda February 28, 2008
PART B
The following item(s) shall not be considered before 10:00 am.
PZ.1 07-00513m RESOLUTION
u
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 EMPIRE WORLD TOWERS PROJECT, TO BE
LOCATED AT APPROXIMATELY 300 AND 330 BISCAYNE BOULEVARD, 227,
237, 243, 249 NORTHEAST 3RD STREET AND 230, 249 NORTHEAST 4TH
STREET, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE PROJECT WITH
TWO 93-STORY HIGH STRUCTURES OF APPROXIMATELY 1,022 FEET TO
BE COMPRISED OF APPROXIMATELY 1,557 TOTAL MULTIFAMILY
RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY
3,317 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 24,741
SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 1,321 TOTAL
PARKING SPACES; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING
A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 300 and 330 Biscayne Boulevard,
227, 237, 243, 249 NE 3rd Street and 230, 249 NE 4th Street
[Commissioner Marc David Sarnoff - District 2]
APPLICANT(S): N. Patrick Range, III, Esquire, on behalf of
Empire World Towers, LLC
FINDINGS:
PLANNING DEPARTMENT: Recommended approval with
conditions*.
PLANNING ADVISORY BOARD: Recommended approval with
conditions* to City Commission on January 16, 2008 by a vote of
7-0.
*See supporting documentation.
PURPOSE: This will allow the development of the Empire World
Towers project.
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City Commission
Marked Agenda February 28, 2008
PAB - ITEM #3 - 07-00513mu-EWT.pdf
07-00513mu - PAB - EWT- PFS.pdf
07-00513mu - ITEM #2 - PAB-01.16.08.pdf
07-00513mu PAB Reso.PDF
07-00513mu Outside Cover.PDF
07-00513mu Inside Cover.PDF
07-00513mu Table of Contents.PDF
07-00513mu Article I. Project Information.PDF
07-00513mu I.A. Letter of Intent.PDF
07-00513mu I.B. Major Use Special Permit.PDF
07-00513mu I.C. Zoning Write-Up.PDF
07-00513mu I.D. Zoning Atlas -Land Use.PDF
07-00513mu I.E. Project Data Sheet.PDF
07-00513mu I.F. Deed-Computer.PDF
07-00513mu I.G. Ownership List.PDF
07-00513mu I.H. State of Florida Documents.PDF
07-00513mu I.I. Directory of Project Principals.PDF
07-00513mu Article II. Project Description.PDF
07-00513mu Article III. Supporting Documents.PDF
07-00513mu III. Tab 1.Minority Construction Employment Plan.PDF
07-00513mu III. Tab 2.Traffic Impact Analysis.PDF
07-00513mu III. Tab 3.Site Utility Study.PDF
07-00513mu III. Tab 4.Economic Impact Study.PDF
07-00513mu III. Tab 5.Survey of Property.PDF
07-00513mu III. Tab 6.Drawings Submitted.PDF
07-00513mu CC Revised School Board Impact Analysis.pdf
07-00513mu CC Legislation (Version 2).PDF
07-00513mu CC Exhibit A.pdf
07-00513mu CC Exhibit B.pdf
07-00513mu CC 02-28-08 Fact Sheet.pdf
07-0051 3mu-Su bmittal-Article. pdf
07-0051 3mu-Su bmittal-LERA. pdf
07-00513mu-Submittal-Langan-Preliminary Geotechnical Engineering Study.pdf
MOVED: Marc David Sarnoff
SECONDED: Tomas Regalado
Motion that this matter be CONTINUED PASSED by the following vote.
AYES: Commissioner Gonzalez, Sarnoff and Regalado
ABSENT: Commissioner Sanchez and Spence -Jones
A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and
was passed unanimously, with Chair Sanchez and Vice Chair Spence -Jones absent, to
continue item PZ.1 to the Commission meeting currently scheduled for March 27, 2008.
PZ.2 07-01023m RESOLUTION
u
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT
PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO.
11000, AS AMENDED, FOR THE WAGNER SQUARE PHASES II AND III, A
MIXED -USE PROJECT, TO BE LOCATED AT APPROXIMATELY 1700
NORTHWEST 14TH AVENUE, MIAMI, FLORIDA; TO CONSTRUCT TWO
STRUCTURES WITH AN APPROXIMATE MAXIMUM HEIGHT OF 191 FEET
City ofMiami Page 14 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
AND 8 INCHES (13 STORIES) COMPRISED OF APPROXIMATELY 48
RESIDENTIAL UNITS; APPROXIMATELY 286,933 SQUARE FEET OF OFFICE
SPACE; APPROXIMATELY 15,843 SQUARE FEET OF COMMERCIAL SPACE;
AND APPROXIMATELY 1,407 PARKING SPACES; PROVIDING FOR
CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; MAKING FINDINGS OF
FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING
EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 1700 NW 14th Avenue
[Commissioner Angel Gonzalez - District 1]
APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of
Wagner Square, LLC & Wagner Square I, LLC
FINDINGS:
PLANNING DEPARTMENT: Recommended approval with
conditions*.
PLANNING ADVISORY BOARD: Recommended approval with
conditions* to City Commission on January 16, 2008 by a vote of
9-0.
*See supporting documentation.
PURPOSE: This will allow the development of the Wagner Square project.
ITEM #4 - PAB - 01.16.08.pdf
07-01023mu PAB Reso.PDF
07-01023mu Outside Cover.PDF
07-01023mu Inside Cover & Table of Contents.PDF
07-01023mu I -A. Application for Major Use Special Permit.PDF
07-01023mu I-B. Disclosure of Ownership.PDF
07-01023mu I-C. Ownership Affidavit.PDF
07-01023mu I-D. Miscellaneous Documents.PDF
07-01023mu I-E. Directory of Project Principals.PDF
07-01023mu I-F. Project Data Sheet.PDF
07-01023mu I-G. City of Miami Zoning Atlas Map.PDF
07-01023mu II. Project Description.PDF
07-01023mu III. Supporting Documents.PDF
07-01023mu III.Tab 1.Minority Construction Employment Plan.PDF
07-01023mu III.Tab 2.Traffic Impact Analysis.PDF
07-01023mu III.Tab 3.Site Utility Study.PDF
07-01023mu III.Tab 4.Economic Impact Study.PDF
07-01023mu III.Tab 5.Survey of Property.PDF
07-01023mu III.Tab 6.Drawings Submitted.PDF
07-01023mu CC Projects in the Vicinity.pdf
07-01023mu CC Revised School Board Impact Analysis.pdf
07-01023mu CC Disclosure to Support or Withhold Objection.pdf
07-01023mu CC Legislation (Version 2).pdf
07-01023mu CC Exhibit A.pdf
07-01023mu CC Exhibit B.pdf
07-01023mu CC Fact Sheet.pdf
City ofMiami Page 15 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
R-08-0100
MOVED: Angel Gonzalez
SECONDED: Michelle Spence -Jones
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones
ABSENT: Commissioner Regalado
PZ.3 07-00795zc ORDINANCE Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S)
AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY
CHANGING THE ZONING CLASSIFICATION FROM "SD-16.2" SOUTHEAST
OVERTOWN-PARK WEST COMMERCIAL -RESIDENTIAL DISTRICT TO
"SD-16.2" SOUTHEAST OVERTOWN-PARK WEST
COMMERCIAL -RESIDENTIAL DISTRICT WITH AN "SD-19" DESIGNATED
F.A.R. OVERLAY DISTRICT, F.A.R. OF 4.6, FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 525 AND 533 NORTHWEST 2ND AVENUE,
MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 525 and 533 NW 2nd Avenue [Commissioner
Michelle Spence -Jones - District 5]
APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Urbana Holdings, LLLP
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
ZONING BOARD: Recommended approval to City Commission on July 30,
2007 by a vote of 5-2.
PURPOSE: This will change the above properties to SD-16.2 Southeast
Overtown-Park West Commercial -Residential District with an SD-19 Designated
F.A.R. Overlay District, F.A.R. of 4.6.
07-00795zc Analysis.pdf
07-00795zc Zoning Map.pdf
07-00795zc Aerial Map.pdf
07-00795zc Application & Supporting Docs.pdf
07-00795zc ZB 07-30-07 Fact Sheet.pdf
07-00795zc ZB Reso.PDF
07-00795zc CC Legislation (Version 2).pdf
07-00795zc Exhibit A.pdf
07-00795zc CC FR 10-25-07 Fact Sheet.pdf
07-00795zc CC FR 11-09-07 Fact Sheet.pdf
07-00795zc CC FR 12-13-07 Fact Sheet.pdf
07-00795zc CC FR 01-24-08 Fact Sheet.pdf
07-00795zc Disclosure to Support or Withhold Objection.pdf
07-00795zc CC SR Fact Sheet.pdf
City ofMiami Page 16 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
12975
MOVED: Michelle Spence -Jones
SECONDED: Angel Gonzalez
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones
ABSENT: Commissioner Regalado
PZ.4 07-01024Iu ORDINANCE
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, PURSUANT TO SMALL SCALE AMENDMENT
PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY
CHANGING THE LAND USE DESIGNATION OF 1.7± ACRES OF REAL
PROPERTIES LOCATED AT APPROXIMATELY 70 NORTHWEST 36TH
COURT, 64-66 NORTHWEST 36TH COURT, 3665-69-71-73 NORTHWEST
FLAGLER TERRACE, 3670-72 NORTHWEST 1ST STREET, AND 58
NORTHWEST 36TH COURT, MIAMI, FLORIDA, FROM "DUPLEX
RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
First Reading
LOCATION: Approximately 70 NW 36th Court, 64-66 NW 36th Court,
3665-69-71-73 NW Flagler Terrace, 3670-72 NW 1st Street, and 58 NW 36th
Court [Commissioner Tomas Regalado - District 4]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of Jorge Cruz Gomez and
Maria D. Cabrera, The Eldy Maza Pick Revocable Living Trust, The Amended
and Restated Elizabeth Anton-LaRossa Revocable Trust, Lago Capital
Investments, Inc.
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended denial to City Commission on
October 3, 2007 by a vote of 8-1. See companion File ID 07-01024zc.
PURPOSE: This will change the above properties to Restricted Commercial.
Item #4 PAB - 07-010241u - .pdf
07-010241u PAB Reso.pdf
07-010241u CC Analysis.pdf
07-010241u CC Application & Supporting Documents.pdf
07-010241u School Board Analysis.pdf
07-010241u CC Legislation (Version 2).pdf
07-010241u & 07-01024zc CC Exhibit A.pdf
07-010241u CC FR 01-24-08 Fact Sheet.pdf
07-010241u & 07-01024zc Disclosure to Support or Withhold Objection.PDF
07-010241u CC FR 02-28-08 Fact Sheet.pdf
City ofMiami Page 17 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
WITHDRAWN
A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez ,
and was passed unanimously, with Vice Chair Spence -Jones absent, to withdraw item PZ.4.
PZ.5 07-01024zc ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S)
AMENDING PAGE NO. 33, OF THE ZONING ATLAS OF ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY
CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY
RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 58, 64, 66, 70 NORTHWEST
36TH COURT, 3665, 3669, 3671, 3673 NORTHWEST FLAGLER TERRACE
AND 3670, 3672 NORTHWEST 1ST STREET, MIAMI, FLORIDA; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
LOCATION: Approximately 58, 64, 66, 70 NW 36th Court, 3665, 3669, 3671,
3673 NW Flagler Terrace and 3670, 3672 NW 1st Street [Commissioner Tomas
Regalado - District 4]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of Jorge Cruz Gomez and
Maria D. Cabrera, The Eldy Maza Pick Revocable Living Trust, The Amended
and Restated Elizabeth Anton-LaRossa Revocable Trust, Lago Capital
Investments, Inc.
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
ZONING BOARD: Recommended denial to City Commission on November 19,
2007 by a vote of 5-0. See companion File ID 07-010241u.
PURPOSE: This will change the above properties to C-1 Restricted
Commercial. The applicant has proffered a covenant for these properties.
07-01024zc ZB Analysis (OLD).PDF
07-01024zc ZB Analysis (NEW).PDF
07-01024zc Zoning Map.pdf
07-01024zc Aerial Map.pdf
07-01024zc Letter of Intent.PDF
07-01024zc Application & Supporting Docs.PDF
07-01024zc ZB 11-19-07 Fact Sheet.pdf
07-01024zc ZB Reso.PDF
07-01024zc CC Analysis.pdf
07-01024zc CC Legislation (Version 2).pdf
07-010241u & 07-01024zc CC Exhibit A.pdf
07-01024zc CC FR 01-24-08 Fact Sheet.pdf
07-010241u & 07-01024zc Disclosure to Support or Withhold Objection.PDF
07-01024zc CC FR 02-28-08 Fact Sheet.pdf
WITHDRAWN
A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez ,
and was passed unanimously, with Vice Chair Spence -Jones absent, to withdraw item PZ.5.
City ofMiami Page 18 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
PZ.6 07-00391Iu 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, PURSUANT TO SMALL SCALE AMENDMENT
PROCEDURES, SUBJECT TO §163.3187, FLORIDA STATUTES, BY
CHANGING THE LAND USE DESIGNATION OF 0.40± ACRES OF REAL
PROPERTIES LOCATED AT APPROXIMATELY 1252, 1262 AND 1272
SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA, FROM "SINGLE FAMILY
RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 1252, 1262 and 1272 SW 21st Terrace
[Commissioner Joe Sanchez - District 3]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of Ive Group One, LC
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended denial to City Commission on
April 4, 2007 by a vote of 9-0. See companion File ID 07-00391zc.
PURPOSE: This will change the above properties to Restricted Commercial.
07-003911u - PAB Supporting Documentation.pdf
07-003911u CC Land Use Map.pdf
07-003911u Aerial Map.pdf
07-003911u PAB Reso.PDF
07-003911u CC Application Supporting Documents - OLD.pdf
07-003911u CC Legislation (Version 2) - OLD.pdf
07-003911u & 07-00391zc Exhibit A.pdf
07-003911u CC FR 10-25-07 Fact Sheet.pdf
07-003911u Legislation (Version 2) - NEW.PDF
07-003911u CC FR 12-13-07 Fact Sheet.pdf
07-003911u & 07-00391zc Disclosure to Support or Withhold Objection.pdf
07-003911u CC FR 01-24-08 Fact Sheet.pdf
07-003911u-Submittal-Photograph.pdf
07-003911u-Submittal-Petition Signatures.pdf
07-003911u-Submittal-Declaration of Restrictive Covenants.pdf
07-003911u CC Application & Supporting Docs - UPDATED.pdf
07-003911u CC FR 02-28-08 Fact Sheet.pdf
CONTINUED
A motion was made by Commissioner Regalado, seconded by Vice Chair Spence -Jones,
and was passed unanimously, with Commissioner Gonzalez absent, to continue item PZ.6
to the Commission meeting currently scheduled for March 27, 2008.
PZ.7 07-00391zc ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S)
AMENDING PAGE NO. 38, OF THE ZONING ATLAS OF ORDINANCE NO.
City ofMiami Page 19 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY
CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY
RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-1"
RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 1252, 1262 AND 1272 SOUTHWEST 21ST TERRACE,
MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 1252, 1262 and 1272 SW 21st Terrace
[Commissioner Joe Sanchez - District 3]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of Ive Group One, LC
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
ZONING BOARD: Recommended denial to City Commission on May 14, 2007
by a vote of 9-0. See companion File ID 07-003911u.
PURPOSE: This will change the above properties to C-1 Restricted
Commercial. The applicant has proffered a covenant for these properties.
07-00391zc ZB Analysis.PDF
07-00391zc ZB Zoning Map.pdf
07-00391zc Aerial Map.pdf
07-00391zc ZB Application & Supporting Docs.PDF
07-00391zc ZB 05-14-07 Fact Sheet.pdf
07-00391zc CC Analysis.PDF
07-00391zc ZB Reso.PDF
07-00391zc CC Zoning Map.pdf
07-00391zc CC Legislation (Version 2).pdf
07-00391Iu & 07-00391zc Exhibit A.pdf
07-00391zc CC FR 10-25-07 Fact Sheet.pdf
07-00391zc CC FR 12-13-07 Fact Sheet.pdf
07-003911u & 07-00391zc Disclosure to Support or Withhold Objection.pdf
07-00391zc CC FR 01-24-08 Fact Sheet.pdf
07-00391zc CC Application & Supporting Docs - UPDATED.pdf
07-00391zc CC FR 02-28-08 Fact Sheet.pdf
CONTINUED
A motion was made by Commissioner Regalado, seconded by Vice Chair Spence -Jones,
and was passed unanimously, with Commissioner Gonzalez absent, to continue item PZ.7
to the Commission meeting currently scheduled for March 27, 2008.
PZ.8 07-01172x 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
DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, ARTICLE 4, SECTION 401, UNDER CONDITIONAL
PRINCIPAL USES OF C-2 LIBERAL COMMERCIAL (13), TO ALLOW HIRING
HALLS, EMPLOYMENT OFFICES AND LABOR POOLS, SUBJECT TO ALL
City ofMiami Page 20 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
APPLICABLE CRITERIA, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 1757 NORTHWEST 23RD STREET, MIAMI, FLORIDA.
LOCATION: Approximately 1757 NW 23rd Street [Commissioner Angel
Gonzalez - District 1]
APPELLANT(S)/APPLICANT(S): Michael A. Gil, Esquire and Melissa Tapanes
Llahues, Esquire, on behalf of KEA Investment, LLC, a Florida Limited Liability
Company
FINDINGS:
PLANNING DEPARTMENT: Recommended denial of the appeal and denial of
the Special Exception.
ZONING BOARD: Denied the Special Exception on October 29, 2007 by a vote
of 5-4.
PURPOSE: The approval of this appeal will allow an employment office in the
C-2 Liberal Commercial zoning district.
07-01172x Analysis.PDF
07-01172x Zoning Map.pdf
07-01172x Aerial Map.pdf
07-01172x Application & Supporting Docs.PDF
07-01172x Plans.PDF
07-01172x ZB 10-29-07 Fact Sheet.pdf
07-01172x ZB Reso.PDF
07-01172x Appeal Letter.PDF
07-01172x CC Clarification of Parties Letter.pdf
07-01172x CC School Board Letter.pdf
07-01172x CC Legislation (Version 3).pdf
07-01172x CC Legislation (Version 4).pdf
07-01172x Exhibit A.pdf
07-01172x CC 02-28-08 Fact Sheet.pdf
CONTINUED
A motion was made by Commissioner Gonzalez , seconded by Commissioner Sarnoff, and
was passed unanimously, with Vice Chair Spence -Jones absent, to continue item PZ.8 to
the Commission meeting currently scheduled for March 27, 2008.
PZ.9 07-01381Iu 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, PURSUANT TO SMALL SCALE AMENDMENT
PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY
CHANGING THE LAND USE DESIGNATION OF 0.60± ACRES OF REAL
PROPERTY LOCATED AT APPROXIMATELY 329, 333, 335, 337 AND 346
NORTHEAST 58TH TERRACE, MIAMI, FLORIDA, FROM DUPLEX
RESIDENTIAL TO GENERAL COMMERCIAL; MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
City ofMiami Page 21 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
LOCATION: Approximately 329, 333, 335, 337, and 346 NE 58th Terrace
[Commissioner Michelle Spence -Jones - District 5]
APPLICANT(S): Marcelo Fernandes, Vice -President, on behalf of 64
Development Corp.
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended denial to City Commission on
December 5, 2007 by a vote of 8-0. See companion File ID 07-01381zc.
PURPOSE: This will change the above properties to General Commercial.
PAB - ITEM #2 - 07-01381 Iu.pdf
07-013811u PAB Reso.PDF
07-01381 Iu School Impact Analysis.pdf
07-013811u CC Application Supporting Documents.pdf
07-013811u Legislation (Version 2).pdf
07-013811u & 07-01381zc Exhibit A.pdf
07-013811u CC FR 02-28-08 Fact Sheet.pdf
CONTINUED
A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez ,
and was passed unanimously, with Commissioner Sarnoff absent, to continue item PZ.9 to
the Commission meeting currently scheduled for March 27, 2008.
PZ.10 07-01381zc 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,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY
CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY
RESIDENTIAL TO "C-2" LIBERAL COMMERCIAL FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 329, 333, 335, 337, AND 346 NORTHEAST
58TH TERRACE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 329, 333, 335, 337, and 346 NE 58th Terrace
[Commissioner Michelle Spence -Jones - District 5]
APPLICANT(S): Marcelo Fernandes, Vice -President, on behalf of 64
Development Corp.
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
ZONING BOARD: Recommended denial to the City Commission on January
14, 2008 by a vote of 6-1. See companion File ID 07-013811u.
PURPOSE: This will change the above properties to C-2 Liberal Commercial.
City ofMiami Page 22 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
07-01381 zc Analysis.PDF
07-01381zcZoning Map.pdf
07-01381 zc Aerial Map.pdf
07-01381zcApplication & Supporting Docs.PDF
07-01381zc ZB 01-14-08 Fact Sheet.pdf
07-01381zcZB Reso.pdf
07-01381zc CC Legislation (Version 2).pdf
07-01381 lu & 07-01381zc Exhibit A.pdf
07-01381zc CC FR 02-28-08 Fact Sheet.pdf
CONTINUED
A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez ,
and was passed unanimously, with Commissioner Sarnoff absent, to continue item PZ.10
to the Commission meeting currently scheduled for March 27, 2008.
PZ.11 04-01208 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), DENYING THE APPEAL BY MORNINGSIDE CIVIC
ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT
CRAWFORD AND ELVIS CRUZ, AFFIRMING THE DECISION OF THE
ZONING BOARD, THEREBY APPROVING THE CLASS II SPECIAL PERMIT
APPLICATION NO. 03-0309, ISSUED BY THE PLANNING DIRECTOR ON
JULY 21, 2004, TO ALLOW NEW CONSTRUCTION, LOCATED AT
APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA.
City ofMiami Page 23 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
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 10-04-04 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 CC 11-18-04 Fact Sheet.pdf
04-01208 CC 05-26-05 Fact Sheet.pdf
04-01208 CC 07-28-05 Fact Sheet.pdf
04-01208 CC 07-28-05 Fact Sheet.pdf
04-01208 ZB 02-26-07 Fact Sheet.pdf
04-01208 ZB 04-09-07 Fact Sheet.pdf
04-01208 ZB 05-21-07 Fact Sheet.pdf
04-01208 ZB 07-09-07 Fact Sheet.pdf
04-01208 ZB 07-09-07 Reso.PDF
04-01208 City Attorney Documents.pdf
04-01208 October 4, 2005 ZB Transcript.pdf
04-01208 CC 10-25-07 Legislation (Version 6).pdf
04-01208 CC 10-25-07 Legislation (Version 7).pdf
04-01208 CC 10-25-07 Fact Sheet.pdf
04-01208 CC 02-28-07 Fact Sheet.pdf
04-01208-Submittal-Correspondence-Arthur J. Marcus.pdf
04-01208-Submittal-Memo-Rafael Suarez-Rivas.pdf
04-01208-Submittal-Chronology. pdf
04-01208-Submittal-Correspondence-Susan E. Trench.pdf
04-01208-Submittal-PowerPoint Presentation -Elvis Cruz.pdf
R-08-0101
MOVED:
Marc David Sarnoff
SECONDED: Tomas Regalado
Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones
ABSENT: Commissioner Gonzalez
City ofMiami Page 24 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
MAYOR AND COMMISSIONER'S ITEMS
CITYWIDE
HONORABLE MAYOR MANUEL A. DIAZ
DISTRICT 1
COMMISSIONER ANGEL GONZALEZ
DISTRICT 2
COMMISSIONER MARC DAVID SARNOFF
D2.1 08-00173 DISCUSSION ITEM
DISCUSSION CONCERNING THE APPOINTMENT OF A CITY
ATTORNEY.
08-00173 E-mail.pdf
MOTION
A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and
was passed unanimously, with Commissioner Gonzalez absent, to reject former City
Attorney Jorge L. Fernandez' resignation, and conversely terminate his employment for
having confessed to making false statements and using public funds inappropriately; to
reject entitlement to severance pay; further, directing the City Manager to perform an
investigation to determine whether the plea agreement and the restitution proposed by
Miami -Dade County State Attorney's Office was adequate to compensate the City of Miami
for the inappropriate expenditures claimed by former City Attorney Jorge L. Fernandez; and
further, to contend with any attempts made by former City Attorney Jorge L. Fernandez to
receive any of the alleged contractual compensations.
Direction by Chairman Sanchez to the City Manager to begin the process of formulating a
selection committee for the sole purpose of reviewing candidates for the position of City
Attorney and to report back to the Commission at its meeting currently scheduled for
March 13, 2008.
City ofMiami Page 25 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
DISTRICT 3
CHAIR JOE SANCHEZ
DISTRICT 4
COMMISSIONER TOMAS REGALADO
DISTRICT 5
VICE CHAIR MICHELLE SPENCE-JONES
D5.1 08-00185 DISCUSSION ITEM
DISCUSSION REGARDING THE NEED FOR CHILDREN RECREATIONAL
EQUIPMENT FOR LIBERTY PARK.
08-00185 E-mail.pdf
DISCUSSED
Direction by Vice Chair Spence -Jones to the City Manager to meet with Miami -Dade County
and the U.S. Department of Housing and Urban Development (HUD) to discuss the transfer
of land to the City of Miami in order to create green space in the area of Liberty City Park;
further directing the Administration, in an effort to avoid the perception of impropriety, to
report back to the Commission, in writing, with the list of projects earmarked to receive
bond dollars so that a determination can be made as to whether those projects should be
funded.
Direction by Commissioner Regalado to the City Manager to follow up on the electrical
issues at the mini park located in Silver Bluff on Southwest 24th Terrace, between 19th and
20th Avenues.
D5.2 08-00186 DISCUSSION ITEM
DISCUSSION REGARDING TITLE ISSUES FOR 1291 NW 55TH TERRACE
AND 1436 NW 61 STREET.
08-00186 E-mail.pdf
DISCUSSED
NON AGENDA
NA.1 08-00244 DISCUSSION ITEM
DISCUSSION CONCERNING THE FEBRUARY 23, 2008
RIBBON -CUTTING CEREMONY HELD BY THE VIRGINIA KEY BEACH
TRUST FOR THE REOPENING OF VIRGINIA KEY BEACH.
DISCUSSED
NA.2 08-00245 DISCUSSION ITEM
City ofMiami Page 26 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
DISCUSSION CONCERNING PRIMARY SOURCE OF SECURITY AT THE MIAMI
MARLINS BASEBALL STADIUM.
MOTION
A motion was made by Commissioner Gonzalez , seconded by Commissioner Regalado,
and was passed unanimously, directing the City Manager to ensure that the City of Miami
Police and Fire Departments are the primary sources of security at the Miami Marlins
baseball stadium.
NA.3 08-00246 DISCUSSION ITEM
DISCUSSION CONCERNING THE WITHDRAWAL OF A REQUEST TO
PLACE AN ITEM RELATIVE TO THE DONATION OF A FENCE FROM
BERIMBAU INVESTMENTS TO GROVE HERITAGE GARDEN PARK ON
THE MARCH 13, 2008 CITY COMMISSION MEETING AGENDA.
DISCUSSED
NA.4 08-00250 DISCUSSION ITEM
Direction by Chair Sanchez to the City Manager to report back to the
Commission with an itemized list showing how the $75,000 donated from the
Bayfront Park Trust to Henderson Park was used at the park.
DISCUSSED
NA.5 08-00252 DISCUSSION ITEM
DISCUSSION CONCERNING CITY MANAGER'S PROPOSED MURALS
ORDINANCE.
DISCUSSED
NA.6 08-00251 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO GRANT WAIVERS OF THE NOISE RESTRICTIONS
CONTAINED IN SECTIONS 36-4 AND 36-5 OF THE CITY OF MIAMI CODE,
FOR A NINETY (90) DAY PERIOD, COMMENCING ON MARCH 1, 2008, TO
FACILITATE THE FILMING OF MOTION PICTURE PRODUCTIONS WITHIN
THE CITY OF MIAMI, AS STATED HEREIN.
R-08-0102
MOVED:
Marc David Sarnoff
SECONDED: Tomas Regalado
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner Sarnoff, Sanchez and Regalado
ABSENT: Commissioner Gonzalez and Spence -Jones
NA.7 08-00253 RESOLUTION
City ofMiami Page 27 Printed on 3/3/2008
City Commission
Marked Agenda February 28, 2008
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S
INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Caramenza Jaramillo Mayor Manuel A. Diaz
R-08-0103
MOVED: Tomas Regalado
SECONDED: Marc David Sarnoff
Motion that this matter be ADOPTED PASSED by the following vote.
AYES: Commissioner Sarnoff, Sanchez and Regalado
ABSENT: Commissioner Gonzalez and Spence -Jones
A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and
was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez
absent, to appoint Carmenza Jaramillo as a member of the Mayor's International Council.
NA.8 08-00254 DISCUSSION ITEM
DISCUSSION CONCERNING THE SCHEDULING OF A SPECIAL
COMMISSION MEETING TO DISCUSS THE STATUS OF MIAMI 21.
DISCUSSED
MOTION TO ADJOURN
A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and
was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez
absent, to adjourn today's meeting.
City ofMiami Page 28 Printed on 3/3/2008