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HomeMy WebLinkAboutCC 2008-09-25 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 Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, September 25, 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.7 may be heard in the number sequence or as announced by the Commission PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST 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 ofIliamr Page 1 Printed on 9/29i2008 City Commission Marked Agenda September 25, 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 9/29/2008 City Commission Marked Agenda September 25, 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 25th day of September 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 Sanchez at 9:25 a.m., recessed at 12:15 p.m., reconvened at 2:47 p.m., and adjourned at 5:51 p.m. Note for the Record: Commission Gonzalez entered the Commission chambers at 5:36 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Pamela E. Burns, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 08-01099 PRESENTATION Honoree 2nd Place - Priscilla Suarez Aleman 3rd Place -Alexander Roca Laura Garcia Sheena Klimoski Monica Socorro Johad Ellis Karyn Ortiz Regional Winners of 2008 Art Beat Competition Volunteers for Operation Hope for Haiti Miami Dolphins Goodwill Ambassadors (City of Miami) Goodwill Ambassadors (Miami -Dade County) Dolphin Stadium Florida Marlins University of Miami 08-01099 Protocol.pdf Presenter Protocol Item Mayor Diaz Certificates of Merit Mayor Diaz Commissioner Spence -Jones Welcome Gifts Certificates of Appreciation 1. Robert Parente, on behalf of Mayor Diaz, recognized Mabel Morales (Miami -Dade County Public Schools) and Jim Hunter (New World School of the Arts), for their participation in the 2008 Art Beat Competition; further paying tribute to Carol Ann Patitucci (Chicago), Josue Jacobo (Houston), Andy Hernandez (Los Angeles), and Omotayo Akinbolajo (Washington, DC), the regional winners of 2008 Art Beat Competition; further acknowledging Don Rossi Nucho, director of the Latino Art Beat Contest. 2. Mayor Diaz paid tribute to Francisco Gabuardi by presenting him with a certificate of merit for his extraordinary performance as both the 2008 Regional and National 1st Place Winner in the Latino Art Beat competition; further recognizing his artistic genius and outstanding contribution to the elevation of creative expressions in South Florida. 3. Commissioner Regalado paid tribute to representatives of CHARLEE (Children Have City ofMiami Page 3 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 All Rights: Legal, Educational and Emotional), an agency that's provided 25 years of demonstrated commitment in support of a nurturing and protected environment for children and for providing a safe haven for 1,000 children in foster care, adding hope to the lives of very special children. 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 MEETINGS: Planning and Zoning Commission Meeting of July 24, 2008 MOVED: Michelle Spence -Jones SECONDED: Marc David Sarnoff Motion to APPROVED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez Budget Workshop of August 25, 2008 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion to APPROVED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez City ofMiami Page 4 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 ORDER OF THE DAY City ofMiami Page 5 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 CA.1 08-00354 RESOLUTION Department of Public Works CONSENT AGENDA A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT RIGHT-OF-WAY DEEDS, IN SUBSTANTIALLY THE ATTACHED FORM(S), FOR THE EXPANSION OF SOUTHEAST 3RD STREET, MIAMI, FLORIDA, BETWEEN SOUTHEAST 2ND AVENUE AND SOUTHEAST 3RD AVENUE FROM MET II HOTEL, LLC AND MET II OFFICE, LLC; APPROVING AND AUTHORIZING THE RECORDATION OF SAID RIGHT-OF-WAY DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING THE CITY MANAGER TO DIRECT THE CITY ADMINISTRATION TO AMEND THE CITY OF MIAMI MUNICIPAL ATLAS TO DESIGNATE THE PROPERTIES IDENTIFIED IN SAID RIGHT-OF-WAY DEEDS, AS OFFICIAL PUBLIC ROADWAY; FURTHER AUTHORIZING THE CITY MANAGER TO DIRECT THE CITY ADMINISTRATION TO NOTIFY THE MIAMI-DADE COUNTY PROPERTY APPRAISER OF THE CHANGE IN STATUS AND OWNERSHIP OF THE PROPERTY IDENTIFIED IN SAID RIGHT-OF-WAY DEEDS. 08-00354 Legislation.pdf 08-00354 Exhibit 1.pdf 08-00354 Exhibit 2.pdf 08-00354 Exhibit 3.pdf 08-00354 Exhibit 4.pdf 08-00354 Summary Form.pdf R-08-0530 This Matter was ADOPTED on the Consent Agenda. CA.2 08-00360 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED AUGUST 13, 2008, PURSUANT TO INVITATION FOR BIDS NO. 90057, FROM AWARDS D/B/A TROPHY WORLD, FOR THE PROVISION OF TROPHIES AND PLAQUES, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00360 Legislation.pdf 08-00360 Summary form.pdf 08-00360 Award Recommendation.pdf 08-00360 Tabulation of Bids.pdf 08-00360 Invitation For Bid.pdf R-08-0531 This Matter was ADOPTED on the Consent Agenda. CA.3 08-00429 RESOLUTION City ofMiami Page 6 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "FY 2008 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM," CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF $195,848, TO EQUIP CITY OF MIAMI POLICE DEPARTMENT PUBLIC SERVICE AIDE VEHICLES WITH MOBILE COMPUTING SYSTEMS, INCLUDING THE PURCHASE OF LAPTOP COMPUTERS AND WARRANTIES; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S MATCHING FUNDS, IN THE AMOUNT OF $20,691.40, TO PAY FOR A PORTION OF LAPTOP WARRANTIES, FROM THE GENERAL FUND, ACCOUNT NO. 00001.191602.896000.0000.00000; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS IN ORDER TO COMPLY WITH SAID GRANT AWARD. 08-00429 Legislation.pdf 08-00429 Exhibit 1.pdf 08-00429 Exhibit 2.pdf 08-00429 Exhibit 3.pdf 08-00429 Summary Form.pdf 08-00429 Local Solicitation.pdf 08-00429 JAG Grant.pdf 08-00429 Budget Narrative.pdf 08-00429 Budget Justification.pdf 08-00429 Budget Narrative 2.pdf 08-00429 List of Attachments.pdf 08-00429 List of Attachments.pdf 08-00429 Memo 1.pdf 08-00429 Memo 2.pdf 08-00429 Web Page.pdf 08-00429 Standard Assurances.pdf 08-00429 Assurances and Certifications.pdf 08-00429 Local Solicitation Web Page.pdf 08-00429-Summary Fact Sheet.pdf R-08-0532 This Matter was ADOPTED on the Consent Agenda. CA.4 08-00641 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Police RECEIVED AUGUST 13, 2008, PURSUANT TO INVITATION FOR BIDS NO. 89049, FROM OPEN COMMUNICATIONS INTERNATIONAL, INC., FOR THE PROVISION OF LANGUAGE LINE TRANSLATION SERVICES, FOR THE DEPARTMENT OF POLICE, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City ofMiami Page 7 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 08-00641 Legislation.pdf 08-00641 Summary Form.pdf 08-00641 Award Recommendation.pdf 08-00641 Tabulation of Bids.pdf 08-00641 Invitation For Bids.pdf 08-00641-Summary Fact Sheet.pdf R-08-0533 This Matter was ADOPTED on the Consent Agenda. CA.5 08-00795 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Parks and WAIVER OF THE DEPARTMENT OF PARKS AND RECREATION STAFF Recreation COSTS AND THE DEPARTMENT OF POLICE SPECIAL EVENTS DETAIL FEES IN THE TOTAL AMOUNT OF SIX THOUSAND FIVE HUNDRED AND NINETY DOLLARS AND TWELVE CENTS ($6,590.12), AS STATED HEREIN, FOR THE USE OF THE LITTLE HAITI SOCCER STADIUM ON AUGUST 2, 2008, FOR THE HAITIAN NATIONAL SOCCER TEAM SCRIMMAGE EVENT, SPONSORED BY NEW WORLD OF SPORTS, THE APPLICANT. 08-00795 Legislation.pdf 08-00795 Summary Form.pdf 08-00795 Application For Permit.pdf 08-00795 Special Events Detail.pdf 08-00795 Email .pdf 08-00795 Memorandum.pdf 08-00795 Special Events Detail 2.pdf 08-00795 Email 2.pdf R-08-0534 This Matter was ADOPTED on the Consent Agenda. CA.6 08-01000 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SOVEREIGNTY SUBMERGED LANDS LEASE ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ("STATE") FOR THE USE OF APPROXIMATELY 10,671 SQUARE FEET, MORE OR LESS, OF STATE-OWNED SUBMERGED LANDS LYING ADJACENT TO THE CITY'S UPLANDS ("UPLANDS") PROPERTY LOCATED AT 236 AND 298 SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, FOR USE BY THE CITY OR ITS LICENSEE, GARCIA BROTHERS WHOLESALE, INC. UNDER AN EXISTING REVOCABLE LICENSE AGREEMENT ("LICENSEE") AS A WHOLESALE/RETAIL COMMERCIAL LOBSTER/FISHING BUSINESS, COMMENCING MAY 5, 2008 THROUGH MAY 4, 2013, FOR A TERM OF FIVE (5) YEARS; PROVIDING FOR LICENSEE'S PAYMENT OF AN INITIAL ANNUAL LEASE FEE OF ONE THOUSAND, FIVE HUNDRED AND FIFTY-THREE DOLLARS AND TWENTY-ONE CENTS ($1553.21), City ofMiami Page 8 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 ADJUSTED ANNUALLY THEREAFTER, AND A ONE-TIME TWENTY-FIVE PERCENT (25%) SURCHARGE, IF APPLICABLE, PLUS SALES TAX, AS APPLICABLE, AS SET FORTH IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP"), ADMINISTRATIVE RULE 18-21.011, AS MAY BE AMENDED, AND SUBJECT TO ANY RESTRICTIONS SET FORTH BY DEP FOR THE USE OF SAID PROPERTY, AND PROVIDING FOR THE TERMINATION OF THE EXISTING TEMPORARY USE AGREEMENT ("TUA") SIMULTANEOUSLY WITH ENTERING INTO THE LEASE; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE LEASE; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH LEASE AS NEEDED AND TO EXECUTE ANY SUBSEQUENT LEASE RENEWALS AND TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE, SUBJECT TO APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY. 08-001000 Legislation.pdf 08-001000 Exhibit 1.pdf 08-001000 Exhibit 2.pdf 08-001000 Exhibit 3.pdf 08-001000 Exhibit 4.pdf 08-001000 Summary Form.pdf 08-001000 Pre Legislation.pdf 08-001000 Pre Summary Form.pdf 08-001000 Temporary Use Agreement.pdf 08-001000 Pre Legislation 2.pdf 08-001000 Pre Summary Form 2.pdf 08-001000 License Agreement.pdf R-08-0536 MOVED: Tomas Regalado SECONDED: Joe Sanchez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez Direction by Commissioner Sarnoff to the City Manager to provide a status report to the Commission in 60 days in reference to Garcia Brothers Wholesale, Inc.'s completion of the list of items as set forth in the license agreement for the property located at 236 Southwest North River Drive. CA.7 08-01079 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "VISTA SUPPORT" AND APPROPRIATING FUNDS, CONSISTING OF A GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE ("CNCS"), IN AN AMOUNT NOT TO EXCEED $27,753, FOR A ONE-YEAR PERIOD, FOR THE OFFICE OF GRANTS ADMINISTRATION; ACCEPTING THE RENEWAL GRANT FOR THE AMERICORPS*VISTA ("VISTA") PROGRAM FROM CNCS, IN THE AMOUNT OF $533,842; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS IN THE AMOUNT OF $75,700, City ofMiami Page 9 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 FROM THE MAYOR'S ANTI -POVERTY INITIATIVE TO VISTA; RE -ALLOCATING SAID FUNDS OF $75,000, FROM PROJECT 15500.101000.891000 TO PROJECT 15500.150001.481000, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 08-01079 Legislation.pdf 08-01079 Exhibit 1.pdf 08-01079 Exhibit 2.pdf 08-01079 Summary Form.pdf 08-01079 Letter.pdf R-08-0535 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: Michelle Spence -Jones SECONDED: AYES: ABSENT: Tomas Regalado Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez City ofMiami Page 10 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 PH.1 08-00793 Department of Public Works PH.2 08-01065 Office of Transportation PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "CANNER," 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. 08-00793 Legislation.pdf 08-00793 Exhibit 1.pdf 08-00793 Exhibit 2.pdf 08-00793 Exhibit 3.pdf 08-00793 Exhibit 4.pdf 08-00793 Summary Form.pdf 08-00793 Memo Public Hearing.pdf 08-00793 Notice Public Hearing.pdf R-08-0537 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS, THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-86 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; APPROVING THE USE OF COMPETITIVE NEGOTIATIONS, FOR THE PURPOSES OF NEGOTIATING AN AGREEMENT FOR TRANSPORTATION SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE A FOURTH AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE GRANT AGREEMENT BETWEEN THE CITY OF MIAMI AND ACTION COMMUNITY CENTER, INC., PURSUANT TO RESOLUTION NO. 05-0572, ADOPTED SEPTEMBER 22, 2005, FOR PUBLIC TRANSPORTATION SERVICES, CAPITAL IMPROVEMENT PROJECT ("CIP") NO. B-71201; PROVIDING FOR A City ofMiami Page 11 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 ONE-YEAR EXTENSION (OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009); ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $300,000, SUBJECT TO BUDGETARY APPROVAL, FOR FISCAL YEAR 2008-2009, FROM CIP NO. B-71201 08-01065 Legislation.pdf 08-01065 Exhibit 1.pdf 08-01065 Exhibit 2.pdf 08-01065 Exhibit 3.pdf 08-01065 Exhibit 4.pdf 08-01065 Exhibit 5.pdf 08-01065 Exhibit 6.pdf 08-01065 Exhibit 7.pdf 08-01065 Exhibit 8.pdf 08-01065 Exhibit 9.pdf 08-01065 Exhibit 10.pdf 08-01065 Exhibit 11.pdf 08-01065 Exhibit 12.pdf 08-01065 Exhibit 13.pdf 08-01065 Exhibit 14.pdf 08-01065 Exhibit 15.pdf 08-01065 Exhibit 16.pdf 08-01065 Summary Form.pdf 08-01065 Emergency Finding Memo.pdf 08-01065 Memo Public Hearing.pdf 08-01065 Notice of Public Hearing .pdf R-08-0538 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez City ofMiami Page 12 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 ORDINANCE- FIRST READING FR.1 08-01062 ORDINANCE Department of Code Enforcement First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "BUILDINGS," BY CREATING A NEW ARTICLE IV, ENTITLED "REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES," TO CLARIFY THE PROCEDURES REGULATING VACANT, BLIGHTED, UNSECURED AND ABANDONED STRUCTURES WITHIN THE CITY OF MIAMI; AMENDING CHAPTER 2/ARTICLE X OF THE CITY CODE ENTITLED "ADMINISTRATION/CODE ENFORCEMENT," MORE PARTICULARLY BY AMENDING SECTION 2-829, ENTITLED "SCHEDULE OF CIVIL PENALTIES," TO PROVIDE FOR PENALTIES FOR FAILURE TO COMPLY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-01062 Legislation.pdf 08-01062 Summary Form.pdf MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez City ofMiami Page 13 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 RE.1 08-01063 Bayfront Park Management Trust RE.2 08-01061 Department of Purchasing RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, REQUESTING THAT MIAMI-DADE COUNTY LIMIT THE USE OF THE AREA KNOWN AS "PARCEL B" LOCATED EAST OF THE AMERICAN AIRLINES ARENA TO PARK AND OTHER GREEN SPACE, HELD IN TRUST FOR THE EDUCATION, PLEASURE, AND RECREATION OF THE PUBLIC, PROTECTED FROM ABUSIVE COMMERCIAL DEVELOPMENT AND EXPLOITATION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS AS STATED HEREIN AND TO POST A COPY OF THIS RESOLUTION TO THE CITY OF MIAMI'S WEB PAGE. 08-01063 Legislation.pdf 08-01063 Memo.pdf 08-01063 Gaming Vessel Update.pdf NO ACTION TAKEN A motion was made by Commissioner Sarnoff to approve item RE.1, but failed for lack of a second. A motion was made by Commissioner Sarnoff to defer item RE.1, but failed for lack of a second. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED JULY 9, 2008, PURSUANT TO INVITATION FOR BIDS NO. 80066,5, FROM SHARP BUSINESS SYSTEMS, FOR THE PROVISION OF LEASE/RENTAL OF MULTIFUNCTIONAL COPIERS, FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL YEAR; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-01061 Legislation.pdf 08-01061 Summary Form.pdf 08-01061 Memo.pdf 08-01061 Tabulation of Bid.pdf 08-01061 Web Page.pdf 08-01061 Invitation For Bid.pdf R-08-0546 MOVED: Michelle Spence -Jones SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez City ofMiami Page 14 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 RE.3 08-01095 District 3- Chair Joe Sanchez 08-01095 District 3- Chair Joe Sanchez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), URGING MIAMI-DADE COUNTY TO CODESIGNATE SOUTH MIAMI AVENUE FROM SOUTHWEST 17TH AVENUE TO U.S. 1, MIAMI, FLORIDA, AS THE "MOST REVEREND AGUSTIN A. ROMAN WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO WORK WITH MIAMI-DADE COUNTY AND ANY OTHER AGENCIES TO ENSURE THAT ALL CO -DESIGNATION PROCEDURES ARE COMPLETED BEFORE THE END OF CALENDAR YEAR 2008, IN ANTICIPATION OF A CEREMONY DEDICATING "THE MOST REVEREND AGUSTIN A. ROMAN WAY " TO MARK THE RETIRED AUXILIARY BISHOP OF MIAMI'S 50TH YEAR IN THE PRIESTHOOD; FURTHER DIRECTING THE TRANSMITTAL OF A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 08-01095 Legislation.pdf 08-01095 Exhibit 1.pdf R-08-0541 MOVED: Joe Sanchez SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: NOES: ABSENT: Commissioner Sanchez, Regalado and Spence -Jones Commissioner Sarnoff Commissioner Gonzalez MOVED: Michelle Spence -Jones SECONDED: Tomas Regalado Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), URGING MIAMI-DADE COUNTY TO CODESIGNATE SOUTH MIAMI AVENUE FROM ALATKA STREET NORTH TO U.S. 1, MIAMI, FLORIDA, AS THE "MOST REVEREND AGUSTIN A. ROMAN WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO WORK WITH MIAMI-DADE COUNTY AND ANY OTHER AGENCIES TO ENSURE THAT ALL CO -DESIGNATION PROCEDURES ARE COMPLETED BEFORE THE END OF CALENDAR YEAR 2008, IN ANTICIPATION OF A CEREMONY DEDICATING "THE MOST REVEREND AGUSTIN A. ROMAN WAY " TO MARK THE RETIRED AUXILIARY BISHOP OF MIAMI'S 50TH YEAR IN THE PRIESTHOOD; City ofMiami Page 15 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 FURTHER DIRECTING THE TRANSMITTAL OF A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 08-01095 Legislation.pdf 08-01095 Exhibit 1.pdf R-08-0541 MOVED: Joe Sanchez SECONDED: Tomas Regalado Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: NOES: Commissioner Sanchez, Regalado and Spence -Jones Commissioner Sarnoff ABSENT: Commissioner Gonzalez RE.4 08-01097 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Employee Relations ATTACHMENT(S), RATIFYING THE MEMORANDUM OF UNDERSTANDING AMENDING ARTICLE 43, SECTION 43.11 OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA, AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, LOCAL 587, FOR OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2010 TO EXTEND THE SPECIFIC DEADLINE OF SEPTEMBER 30, 2008 FOR 180 DAYS (MARCH 29, 2009). 08-01097 Legislation.pdf 08-01097 Exhibit 1.pdf 08-01097 Summary Form.pdf R-08-0539 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Gonzalez Direction by Chair Sanchez to the City Manager to schedule a workshop presentation for the Commission pertaining to the City of Miami's past history and future forecast relating to pensions. RE.5 08-01098 RESOLUTION Department of Employee Relations A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE MEMORANDUM OF UNDERSTANDING AMENDING SECTION 44 OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA, AND THE FRATERNAL ORDER OF POLICE, LODGE 20, FOR OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2010, TO EXTEND THE DEADLINE OF SEPTEMBER 30, 2008 FOR 180 DAYS (MARCH 29, 2009). City ofMiami Page 16 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 08-01098 Legislation.pdf 08-01098 Exhibit 1.pdf 08-01098 Summary Form.pdf R-08-0540 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez RE.6 08-01100 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH HYATT EQUITIES, LLC ("HYATT"), TO PROVIDE AUTHORIZATION FOR HYATT TO PROCEED WITH THE ENGINEERING AND DESIGN ("PHASE I") OF THE REPLACEMENT OF THREE CENTRIFUGAL CHILLS, A COOLING TOWER AND ASSOCIATED EQUIPMENT AT THE MIAMI CONVENTION CENTER ("CENTER") LOCATED AT 400 SOUTHEAST 2 AVENUE, MIAMI, FLORIDA; SAID AGREEMENT FURTHER PROVIDES THAT IN THE EVENT THE CITY OF MIAMI ("CITY") AND HYATT DO NOT EXECUTE AN AMENDMENT TO THE HYATT LEASE TO EXPAND THE HYATT LEASE AREA TO INCLUDE THE AREAS CURRENTLY UTILIZED BY THE CITY AND THE UNIVERSITY OF MIAMI, OR ENTER INTO A MANAGEMENT AGREEMENT, ON OR BEFORE JUNE 30, 2009, THE COST OF PHASE I SHALL BE SPLIT BETWEEN THE CITY AND HYATT, EACH PAYING 50% OF THE COST, PROVIDED THAT THE CITY'S CONTRIBUTION FOR REIMBURSEMENT WILL NOT EXCEED $100,000; ALLOCATING FUNDS FROM THE 2009 RENTAL REVENUES TO BE PAID BY HYATT TO THE CITY; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID LETTER AGREEMENT. 08-01100 Legislation.pdf 08-01100 Exhibit 1.pdf 08-01100 Summary Form.pdf R-08-0542 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Regalado Commissioner Gonzalez and Spence -Jones RE.7 08-01064 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY RYAN CHRISTOPHER FLETCHER, City ofMiami Page 17 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 HENRY HARRIS, AND CHARLES WILLIAMS WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $51,000 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 RYAN CHRISTOPHER FLETCHER, ET AL., VS. CITY OF MIAMI, ET AL., IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 07-22954-CIV-ALTONAGA, UPON EXECUTING GENERAL RELEASES 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. 08-01064 Legislation.pdf 08-01064 Cover Memo.pdf 08-01064 Budget Signoff.pdf R-08-0543 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 RE.8 08-01078 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JESUS PICHARDO, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $72,500 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 JESUS PICHARDO VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 07-37967 CA (31), 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. 08-01078 Legislation.pdf 08-01078 Cover Memo.pdf 08-01078 Budget Signoff.pdf R-08-0544 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 City ofMiami Page 18 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 RE.9 08-01096 RESOLUTION Office of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Sustainable ATTACHMENT(S), ACCEPTING THE RECOMMENDATIONS OF MIPLAN, Initiatives THE CITY OF MIAMI ("CITY") CLIMATE ACTION PLAN, ATTACHED AND INCORPORATED, DESCRIBING THE TARGET REDUCTIONS OF GREENHOUSE GAS EMISSIONS OF 25% BELOW 2007 LEVELS BY 2015 FOR CITY GOVERNMENT, TARGET REDUCTIONS OF 25% BELOW 2006 LEVELS BY 2020 CITYWIDE, AND RECOMMENDING ACTIONS TO ACHIEVE SAID REDUCTIONS; FURTHER DIRECTING THE CITY MANAGER TO IDENTIFY APPROPRIATE RESOURCES AMONG CITY DEPARTMENTS AND AGENCIES TO ENSURE THE PROMPT AND SUCCESSFUL IMPLEMENTATION OF MIPLAN, AS MAY BE AMENDED FROM TIME TO TIME. 08-01096 Legislation.pdf 08-01096 Exhibitl .pdf 08-01096 Summary Form.pdf 08-01096-PowerPoint Presentation -Robert Ruano.pptx R-08-0545 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez RE.10 08-01069 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO TRANSFER AN ADDITIONAL PORTION OF THE COMMON FUND IN AN AMOUNT NOT TO EXCEED $46,437.06, ABOVE AND BEYOND THE $369,692 ALREADY AUTHORIZED BY RESOLUTION NO. 07-0418 AND RESOLUTION NO. 08-0348, FOR A TOTAL OF $416,129.06, TO THE CLASS ADMINISTRATOR, EPIQ SYSTEMS, FOR PRINTING, POSTAGE AND PUBLICATION OR OTHER NOTICE COSTS SUBJECT TO DETERMINATION BY THE CITY ATTORNEY THAT TERMS AND CONDITIONS CONSISTENT WITH THE APPROVED SETTLEMENT ARE MET; ALLOCATIING FUNDS FROM THE GENERAL FUND -FUND BALANCE. 08-01069 Legislation.pdf 08-01069 Cover Memo.pdf 08-01069 Budget Signoff.pdf R-08-0547 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City ofMiami Page 19 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 AYES: ABSENT: Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez City ofMiami Page 20 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 PZ.1 PART B: PLANNING AND ZONING ITEM(S) 08-00223ct ORDINANCE Second Reading TO BE DEFERRED BY ADMINISTRATION TO A DATE TO BE DETERMINED AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY AMENDING, ADDING, AND DELETING GOALS, OBJECTIVES, AND POLICIES OF THE ELEMENTS OF THE CITY'S COMPREHENSIVE PLAN AS REQUIRED BY CHAPTER 163, PART II, FLORIDA STATUTES, TO INCORPORATE THE RECOMMENDATIONS CONTAINED IN THE 2005 EVALUATION AND APPRAISAL REPORT (EAR) OF THE CITY'S COMPREHENSIVE PLAN; AND INCORPORATE THE REPORT ON "RESPONSE TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) OBJECTIONS, RECOMMENDATIONS AND COMMENTS (ORC) REPORT OF JULY 18, 2008"; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval with modifications to City Commission on April 30, 2008 by a vote of 8-0. Also, recommended denial to City Commission of the proposed Miami River Sub -Element as presented by the Planning Department by a vote of 6-2. PURPOSE: This will allow required amendments to the Comprehensive Neighborhood Plan based on the EAR recommendations. 08-00223ct CC SR 09-25-08 Fact Sheet.pdf INDEFINITELY DEFERRED PZ.2 08-00400Iu ORDINANCE First Reading TO BE DEFERRED BY ADMINISTRATION TO A DATE TO BE DETERMINED SUBSEQUENT TO THE ADOPTION OF THE EVALUATION AND APPRAISAL REPORT (EAR) RECOMMENDED CHANGES AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, City ofMiami Page 21 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 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 THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 2744 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, FROM MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 2744 Southwest 7th Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): Rodolfo LLeonart, President, on behalf of Rollert Investments, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 21, 2008 by a vote of 5-3. See companion File ID 08-00400zc. PURPOSE: This will change the above property to Restricted Commercial. INDEFINITELY DEFERRED PZ.3 08-00400zc ORDINANCE First Reading TO BE DEFERRED BY ADMINISTRATION TO A DATE TO BE DETERMINED SUBSEQUENT TO THE ADOPTION OF THE EVALUATION AND APPRAISAL REPORT (EAR) RECOMMENDED CHANGES 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-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN SD-12 SPECIAL BUFFER OVERLAY DISTRICT TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 2744 SOUTHWEST 7TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 22 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 LOCATION: Approximately 2744 SW 7th Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): Rodolfo Lleonart, President, on behalf of Rollert Investments, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on June 9, 2008 by a vote of 5-0. See companion File ID 08-004001u. PURPOSE: This will change the above property to C-1 Restricted Commercial. INDEFINITELY DEFERRED PZ.4 05-00624m RESOLUTION m A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE CAPITAL AT BRICKELL (F.K.A. SMA) PROJECT, TO BE LOCATED AT APPROXIMATELY 1420, 1430, 1434 & 1438 SOUTH MIAMI AVENUE, 1401 & 1429 SOUTHWEST 1ST AVENUE, 26, 44 & 54 SOUTHWEST 14TH STREET, AND 21, 37, 45 & 65 SOUTHWEST 14TH TERRACE, MIAMI, FLORIDA; TO BE COMPRISED OF THE FOLLOWING CHANGES: 1) TO DECREASE THE MULTIFAMILY RESIDENTIAL UNITS FROM 832 UNITS TO 542 UNITS AND 364 NEW HOTEL ROOMS; 2) TO INCREASE THE OFFICE SPACE FROM 108,543 SQUARE FEET TO 209,022 SQUARE FEET; 3) TO REDUCE THE RETAIL SPACE FROM 47,853 SQUARE FEET TO 11,048 SQUARE FEET; 4) TO PROVIDE 6,856 SQUARE FEET OF RESTAURANT AREA; AND 5) TO DECREASE THE OFF-STREET PARKING SPACES FROM 1,274 TO APPROXIMATELY 1,053 PARKING SPACES. THE NORTH TOWER WILL HAVE A NEW MAXIMUM HEIGHT OF 682 FEET, AND THE SOUTH TOWER A NEW MAXIMUM HEIGHT OF 633 FEET; 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. City ofMiami Page 23 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 LOCATION: Approximately 1420, 1430, 1434 & 1438 S Miami Avenue, 1401 & 1429 SW 1st Avenue, 26, 44 & 54 SW 14th Street, and 21, 37, 45 & 65 SW 14th Terrace [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): N. Patrick Range, II, Esquire, on behalf of Cabi SMA, LLLP and City National Bank of Florida Under Trust Agreement 2401-1967-00 FINDING(S): 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. ZONING BOARD: Recommended approval to City Commission on June 9, 2008 by a vote of 5-0. *See supporting documentation. PURPOSE: This will allow a substantial modification to the previously approved Capital at Brickell (f.k.a. SMA) project. City ofMiami Page 24 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 05-00624mm PAB Reso.PDF 05-00624x ZB Reso.pdf 05-00624mm Zoning Map.pdf 05-00624mm Aerial Map.pdf 05-00624mm Projects in the Vicinity.pdf 05-00624mm Front Cover.pdf 05-00624mm Inside Cover.PDF 05-00624mm Table of Contents.pdf 05-00624mm I. Project Information.pdf 05-00624mm I.A. Letter of Intent.PDF 05-00624mm I.B. Major Use Special Permit & Special Exception Applications.PDF 05-00624mm I.C. Approved Major Use Special Permit Resolution No. 05-0484.pdf 05-00624mm I.D. Zoning Write-Up.PDF 05-00624mm I.E. Zoning Atlas.pdf 05-00624mm I.F. Project Data Sheet.PDF 05-00624mm I.G. Deed-Computer.PDF 05-00624mm I.H. State of Florida Documents.pdf 05-00624mm I.I. Directory of Project Principals.pdf 05-00624mm II.A. Project Description.PDF 05-00624mm III. Supporting Documents.pdf 05-00624mm III. Tab 1. Minority Construction Employment Plan.pdf 05-00624mm III. Tab 2. Traffic Impact Analysis.pdf 05-00624mm III. Tab 3. Site Utility Study.pdf 05-00624mm III. Tab 4. Economic Impact Study.pdf 05-00624mm III. Tab 5. Survey of Property.pdf 05-00624mm III. Tab 6. Drawings Submitted.PDF 05-00624mm MUSP Analysis.pdf 05-00624mm Miami -Dade Aviation Department Letter.pdf 05-00624mm School Impact Review Analysis.pdf 05-00624mm Disclosure to Support or Withhold Objection.pdf 05-00624mm Special Exception Fact Sheet.pdf 05-00624mm Special Exception Analysis.pdf 05-00624mm Special Exception ZB Reso.pdf 05-00624mm CC Legislation (Version 2).pdf 05-00624mm Exhibit A.pdf 05-00624mm Exhibit B.pdf INDEFINITELY DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to indefinitely defer item PZ.4. PZ.5 05-00141sc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE NORTHEAST 30TH STREET AND NORTHEAST 31ST STREET, NORTH OF NORTHEAST 2ND AVENUE, SOUTH OF THE F.E.C. RAILROAD AND NORTHEAST 1ST COURT BETWEEN NORTHEAST 30TH STREET AND NORTHEAST 31ST STREET, MIAMI, FLORIDA. City ofMiami Page 25 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 LOCATION: Approximately NE 30th Street and NE 31st Street, North of NE 2nd Avenue, South of the F.E.C. Railroad and NE 1st Court between NE 30th Street and NE 31 st Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Biscayne Venture, LLC, Casam 3110, LLC and Amazonia Investment Group, LLC FINDING(S): PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval with conditions*. PLAT & STREET COMMITTEE: Recommended approval with conditions* on May 1, 2008 by a vote of 5-0. ZONING BOARD: Recommended approval to City Commission on July 14, 2008 by a vote of 8-1. *See supporting documentation. PURPOSE: This will allow a unified development site. NOTE: This file is related to 04-01284, approved by the City Commission on December 9, 2004. 05-00141sc Planning Analysis.PDF 05-00141sc Public Works Analysis.pdf 05-00141sc Plat & Street Committee Analysis.pdf 05-00141 sc Application & Supporting Docs - SUB.PDF 05-00141scZB Reso.pdf 05-00141sc CC Zoning Map.pdf 05-00141sc CC Aerial Map.pdf 05-00141sc CC Legislation (Version 2).pdf 05-00141sc Exhibit A.pdf 05-00141sc CC Fact Sheet.pdf R-08-0548 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez and Spence -Jones ABSENT: Commissioner Gonzalez and Regalado PZ.6 06-01433xt RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING AN EXTENSION OF TIME FOR A SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL, TO ALLOW PARKING ON R-3 PROPERTIES WITH SD-12 OVERLAY TO SERVE ADJACENT COMMERCIAL USES, WITH A TIME LIMITATION OF TWELVE (12) MONTHS, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 6443 BISCAYNE BOULEVARD, 621-625 AND 645 NORTHEAST 64TH TERRACE, MIAMI, FLORIDA. City ofMiami Page 26 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 LOCATION: Approximately 6443 Biscayne Boulevard, 621-625 and 645 NE 64th Terrace [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf of Grec Luis Development, Ltd., Contract Purchaser, and Grec/Luis II, Ltd. and Terra Urbana, Ltd., Owners FINDING(S): PLANNING DEPARTMENT: Recommended approval of the extension of time and denial of the original Special Exception request. ZONING BOARD: Recommended approval to City Commission of the original Special Exception request on November 13, 2006 by a vote of 6-1. PURPOSE: This will allow an extension of time to a previously approved Special Exception requiring City Commission approval for a multifamily structure with a parking garage. 06-01433xt Extention of Time Letter & CC R-07-0549.pdf 06-01433xt Analysis.pdf 06-01433xt Zoning Map.pdf 06-01433xt Aerial Map.pdf 06-01433xt Original ZB Reso.pdf 06-01433xt Application & Supporting Docs.pdf 06-01433xt Plans.pdf 06-01433xt Zoning Substantial Compliance Plans.pdf 06-01433xt CC Legislation (Version 1).pdf 06-01433xt Exhibit A.pdf INDEFINITELY DEFERRED A motion was made by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, and was passed unanimously, with Commissioner Gonzalez absent, to indefinitely defer item PZ.6. PZ.7 08-00700xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL USES IN PR PARKS, RECREATION AND OPEN SPACE DISTRICT, TO ALLOW THE CONSTRUCTION OF A DOCK MASTER OFFICE BUILDING FOR THE MARINA ADMINISTRATION, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1275 NORTHEAST 79TH STREET, MIAMI, FLORIDA. City ofMiami Page 27 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 LOCATION: Approximately 1275 NE 79th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Jack Kardys, Director, Miami -Dade County Park and Recreation Department FINDING(S): PLANNING DEPARTMENT: Recommended approval with a condition*. ZONING BOARD: Recommended approval with a condition* to City Commission on July 14, 2008 by a vote of 7-1. WATERFRONT ADVISORY BOARD: Recommended approval to City Commission on September 15, 2008 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow the construction of the Pelican Harbor Marina dock master office building. 08-00700xc Analysis.PDF 08-00700xc Zoning Map.pdf 08-00700xc Aerial Map.pdf 08-00700xc Application & Supporting Docs.PDF 08-00700xc Plans.PDF 08-00700xc ZB Reso.PDF 08-00700xc CC Legislation (Version 2).pdf 08-00700xc Exhibit A.pdf 08-00700xc CC Fact Sheet.pdf R-08-0549 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez and Spence -Jones ABSENT: Commissioner Gonzalez and Regalado PZ.8 08-00701xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL USES OF PR PARKS, RECREATION AND OPEN SPACE, TO ALLOW THE CONSTRUCTION OF A RECREATIONAL BUILDING STRUCTURE AND SAID SITE AMENITIES, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 7025 WEST FLAGLER STREET, MIAMI, FLORIDA. City ofMiami Page 28 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 LOCATION: Approximately 7025 W Flagler Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. ZONING BOARD: Recommended approval with conditions* to City Commission on July 14, 2008 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the construction of a recreational building structure with amenities for the Robert King High Park. 08-00701xc Zoning Map.pdf 08-00701xc Aerial Map.pdf 08-00701xc Application & Supporting Docs.PDF 08-00701xc Plans.PDF 08-00701xc ZB Reso.pdf 08-00701xc CC Analysis.PDF 08-00701xc CC Legislation (Version 2).pdf 08-00701xc Exhibit A.pdf 08-00701xc CC Fact Sheet.pdf R-08-0550 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez and Spence -Jones ABSENT: Commissioner Gonzalez and Regalado PZ.9 07-00345xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, UNDER CONDITIONAL ACCESSORY USES ON PR -PARK, RECREATION AND OPEN SPACES DISTRICT, TO ALLOW THE CONSTRUCTION OF AN OFFICE BUILDING FOR THE BOAT/BROKERAGE AND MARINA BOAT ADMINISTRATION, PER THE LEASE AND DEVELOPMENT AGREEMENT, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. City ofMiami Page 29 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 LOCATION: Approximately 2640 S Bayshore Drive [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Grove Harbour Marina FINDINGS: PLANNING DEPARTMENT: Recommended approval with a condition*. ZONING BOARD: Recommended approval with conditions* to City Commission on September 8, 2008 by a vote of 5-2. WATERFRONT ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 9, 2008 by a vote of 6-0. See companion File ID 07-00345ww. *See supporting documentation. PURPOSE: This will allow the construction of an office building for the boat/brokerage and marina boat administration for the Grove Harbour Marina and Marketplace. NOTE: File previously known as 07-00345x. 07-00345xc Analysis.PDF 07-00345xc Zoning Map.pdf 07-00345xc Aerial Map.pdf 07-00345xc Letter of Intent.pdf 07-00345xc Application & Supporting Docs.PDF 07-00345xc Plans.PDF 07-00345xc ZB Reso.PDF 07-00345xc & 07-00345ww WAB Reso.pdf 07-00345xc CC Legislation (Version 3).pdf 07-00345xc & 07-00345ww Exhibit A.pdf 07-003456xc-Submittal-Special Exception for Dockmaster Facility in PR Zoning Distric 07-00345xc-Grove Harbour Marina and Carribbean Marketplace Document.pdf 07-00345xc-Submittal-Coconut Grove Waterfront Master Plan -Map. pdf 07-00345xc-Submittal-Biscayne Avenue Street Closure Document. pdf 07-00345xc-Submittal-Map. pdf 07-00345xc-Submittal-Summary of Market Analysis. pdf 07-00345xc-Submittal-Stuart Sorg.pdf 07-003456xc-Submittal-E-mail-Ron Nelson.pdf 07-003456xc-Submittal-Commissioner Sarnoff.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.9 to the Commission meeting currently scheduled for October 23, 2008. PZ.10 07-00345w RESOLUTION w A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING A MODIFICATION OF THE REQUIRED WATERFRONT CHARTER PROVISIONS RELATING TO THE SETBACK, AS SET FORTH IN SECTION 3(mm)(ii-iv) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS City ofMiami Page 30 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 PZ.11 AMENDED, FROM 50 FEET 0 INCHES TO 22 FEET 6 INCHES TO THE NEAREST POINT BETWEEN THE NEW STRUCTURE AND THE BULKHEAD, FOR THE GROVE HARBOUR MARINA AND MARKETPLACE PROJECT, TO BE LOCATED AT APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. LOCATION: Approximately 2640 S Bayshore Drive [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Grove Harbour Marina FINDING(S): PLANNING DEPARTMENT: Recommended approval. WATERFRONT ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 9, 2008 by a vote of 6-0. See companion File ID 07-00345xc. *See supporting documentation. PURPOSE: This will allow fewer setbacks than required for the Grove Harbour Marina and Marketplace project. 07-00345ww Zoning Map.pdf 07-00345ww Aerial Map.pdf 07-00345xc & 07-00345ww WAB Reso.pdf 07-00345ww Letter of Intent.pdf 07-00345ww Application & Supporting Docs.pdf 07-00345ww Plans.pdf 07-00345ww CC Legislation (Version 1).pdf 07-00345xc & 07-00345ww Exhibit A.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to continue item PZ.10 to the Commission meeting currently scheduled for October 23, 2008. 08-00681zc ORDINANCE Second 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, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY ADDING AN HP "HISTORIC PRESERVATION OVERLAY DISTRICT" TO AN EXISTING R-4 "MULTIFAMILY HIGH DENSITY RESIDENTIAL" ZONING CLASSIFICATION, IN ORDER TO ALLOW OFFICE USE FOR THE LOCALLY -DESIGNATED HISTORIC BUILDING (HISTORICALLY KNOWN AS "THE WARD ROOMING HOUSE") LOCATED AT APPROXIMATELY 249-255 NORTHWEST 9TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 31 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 LOCATION: Approximately 249-255 NW 9th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): James H. Villacorta, Executive Director, on behalf of the City of Miami Community Redevelopment Agency FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 18, 2008 by a vote of 8-0. PURPOSE: This will add an HP Historic Preservation Overlay District to the existing R-4 Multifamily High Density Residential and allow for office use on the locally -designated Ward Rooming House. 08-00681zc PAB Reso.PDF 08-00681zc CC Analysis.pdf 08-00681zc Zoning Map.pdf 08-00681zc Aerial Map.pdf 08-00681zc CC Application & Supporting Documents.pdf 08-00681zc CC Legislation (Version 2).pdf 08-00681zc Exhibit A.pdf 08-00681zc CC SR Fact Sheet.pdf 13023 MOVED: Michelle Spence -Jones SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Sarnoff, Sanchez and Spence -Jones Commissioner Gonzalez and Regalado PZ.12 08-00677zt 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 8, SECTION 803.6, "COCONUT GROVE NCD-3 COMMERCIAL DISTRICTS", RELATING TO INDIVIDUAL RETAIL ESTABLISHMENTS LOCATED IN THE NEIGHBORHOOD CONSERVATION DISTRICTS (NCD); EXTENDING THE LIMITATIONS TO THE SD-11 (COCONUT GROVE RAPID TRANSIT DISTRICT); CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 32 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 LOCATION: SW Corner of 27th Avenue and US-1 [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 18, 2008 by a vote of 8-0. PURPOSE: This will extend the NCD-3 limitations to the SD-11 (Coconut Grove Rapid Transit District). 08-00677zt PAB Reso.PDF 08-00677zt CC Legislation (Version 2).pdf 08-00677zt CC SR Fact Sheet.pdf 13024 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez and Spence -Jones ABSENT: Commissioner Gonzalez and Regalado PZ.13 08-00685zt 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, SECTION 628, TO PERMIT UNDERGROUND PARKING TO SUPPORT COMMERCIAL USES ALONG GRAND AVENUE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Grand Avenue between SW 37th Avenue (Douglas Road) and SW 32nd Avenue (McDonald Street) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 18, 2008 by a vote of 7-1. PURPOSE: This will allow underground parking in the SD-28 Village West Island Special Overlay District. City ofMiami Page 33 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 08-00685zt PAB Reso.PDF 08-00685zt CC Legislation (Version 2).pdf 08-00685zt CC SR Fact Sheet.pdf 13025 MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez and Spence -Jones ABSENT: Commissioner Gonzalez and Regalado PZ.14 08-00780zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6/ SECTION 628, ENTITLED "SD SPECIAL DISTRICTS GENERAL PROVISIONS/VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT," RELATING TO RETAIL ESTABLISHMENTS LOCATED IN THE MIXED -USE CULTURAL DISTRICT OVERLAY; PROVIDING FOR AN INCREASE IN INDIVIDUAL RETAIL ESTABLISHMENT FOR LIMITED GROCERY USES ONLY BY SPECIAL PERMIT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Along Grand Avenue Only Where the Underlying Zoning District is SD-2 "Coconut Grove Central Commercial District" [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 16, 2008 by a vote of 9-0. Also recommended to the City Commission by a vote of 7-2 to require for Class II issuance for this case only (File ID 08-00780zt) that the applicant will notify the neighborhood associations within 24 hours of final decision. PURPOSE: This will allow large-scale retail establishments located in the mixed -use cultural district overlay providing for an increase in individual retail establishments for limited grocery uses, only by Class II Special Permit. 08-00780zt PAB Resos.pdf 08-00780zt CC Legislation (Version 2).pdf MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. City ofMiami Page 34 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 AYES: ABSENT: Commissioner Sarnoff, Sanchez and Spence -Jones Commissioner Gonzalez and Regalado PZ.15 08-00683zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 9, SECTION 906.15, ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS/PET HOTEL AS ACCESSORY USE; DETAILED REQUIREMENTS," ESTABLISHING A PET HOTEL AS AN ACCESSORY USE FOR PET STORES AND PET AND VETERINARY CLINICS; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 16, 2008 by a vote of 9-0. PURPOSE: This will allow a pet hotel as an accessory use for pet stores and pet and veterinary clinics. 08-00683zt PAB Reso.PDF 08-00683zt CC Legislation (Version 2).pdf MOVED: Marc David Sarnoff SECONDED: Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez and Spence -Jones ABSENT: Commissioner Gonzalez and Regalado PZ.16 08-00304v RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 19, SECTION 1901, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A STREET SIDE SETBACK OF 1'0" (15'0" REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 1644 SOUTH MIAMI AVENUE, MIAMI, FLORIDA. City ofMiami Page 35 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 08-00304v Analysis.PDF 08-00304v Zoning Map.pdf 08-00304v Aerial Map.pdf 08-00304vApplication & Supporting Docs.PDF 08-00304v Plans.PDF 08-00304v ZB Reso.PDF 08-00304v Appeal Letter.pdf 08-00304v CC Legislation (Version 3).pdf 08-00304v CC Legislation (Version 4).pdf 08-00304v Exhibit A.pdf 08-00304v CC Fact Sheet.pdf R-08-0552 MOVED: Marc David Sarnoff SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado ABSENT: Commissioner Spence -Jones PZ.17 08-01025zt ORDINANCE Emergency Ordinance AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION RE-ENACTING AND AMENDING ZONING ORDINANCE 11000: (1) ARTICLE 4, ENTITLED "ZONING DISTRICTS", MORE SPECIFICALLY, SECTION 401, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS", TO RECLASSIFY "ADULT ENTERTAINMENT" AS A "PERMITTED PRINCIPAL USE"; (2) ARTICLE 9, ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS", MORE SPECIFICALLY, SECTION 937, ENTITLED "ADULT ENTERTAINMENT OR ADULT SERVICES", TO PROVIDE FOR ADDITIONAL LEGISLATIVE INTENT, AND TO SPECIFY THE PREENACTMENT EVIDENCE ON WHICH THE CITY COMMISSION RELIED TO CONCLUDE THAT THE RESTRICTIONS ON ADULT ENTERTAINMENT WITHIN THIS ORDINANCE FURTHER THE CITY'S INTEREST IN REDUCING THE SECONDARY EFFECTS; AND (3) ARTICLE 25, ENTITLED "DEFINITIONS", MORE SPECIFICALLY SECTION 2502, ENTITLED "SPECIFIC DEFINITIONS", IN ORDER TO AMEND THE DEFINITION OF "ADULT ENTERTAINMENT OR SERVICE ESTABLISHMENT"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 36 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Pending recommendation on September 17, 2008. PURPOSE: This will add specific legislative intent setting forth relevant preenactment evidence in support of the zoning restrictions on adult entertainment or adult service establishments. 08-01025zt Composite Exhibit A.pdf 08-01025zt CC Legislation (Version 2).pdf 08-01025zt CC EO Fact Sheet.pdf 08-01025zt PAB Reso.PDF 13027 MOVED: Marc David Sarnoff SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones PZ.18 08-01060zt RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSMITTAL OF A PROPOSED ORDINANCE; SPECIFICALLY, DELINEATING THE BOUNDARIES OF A REGIONAL ACTIVITY CENTER FOR THE HEALTH DISTRICT TO THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, FOR DETERMINATION OF CONSISTENCY WITH THE CRITERIA OF RULE 28-24.014 OF THE FLORIDA ADMINISTRATIVE CODE, AND PURSUANT TO CHAPTER 93.206 OF THE LAWS OF FLORIDA AND CHAPTER 380.06, FLORIDA STATUTES. LOCATION: South of NW 20th Street, North of State Road 836 and North of the Miami River; East of NW 17th Avenue and West of Interstate 95 [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommend approval. PLANNING ADVISORY BOARD: Pending recommendation on September 17, 2008. PURPOSE: This will delineate the boundaries of a Regional Activity Center. City ofMiami Page 37 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 08-01 060zt Zoning Map.pdf 08-01 060zt Aerial Map.pdf 08-01 060zt CC Legislation (Version 2).pdf 08-01 060zt CC Fact Sheet.pdf 08-01 060zt PAB Reso.PDF R-08-0551 MOVED: Michelle Spence -Jones SECONDED: Marc David Sarnoff Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez and Spence -Jones ABSENT: Commissioner Gonzalez and Regalado PZ.19 08-01015zt PAB RESOLUTION AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, IN ORDER TO AMEND ARTICLE 6, SECTION 616.12, IN ORDER TO CREATE THE SD-16.3 "MIAMI WORLDCENTER SPECIAL DISTRICT" WITH THE BOUNDARIES DESCRIBED HEREIN; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately NE 2nd Avenue on the East, N Miami Avenue on the West, NE 11th Street on the North & NE 6th Street on the South [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommend approval. PLANNING ADVISORY BOARD: Pending recommendation on September 17, 2008. PURPOSE: This will create the SD-16.3 Miami Worldcenter Special District. 08-01015da & 08-01015zt Miami -Dade County Letter to Miami City Manager.pdf 08-01 015zt Miami Worldcenter Master Plan Design Standards.pdf 08-01015zt CC Legislation (Version 2).pdf CONTINUED A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Gonzalez absent, to continue item PZ.19 to the Commission meeting currently scheduled for October 23, 2008. PZ.20 08-01015da RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, City ofMiami Page 38 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MIAMI WORLDCENTER GROUP, LLC, AFFILIATED PARTIES, AND THE CITY OF MIAMI, RELATING TO THE PROPOSED DEVELOPMENT OF A PROJECT KNOWN AS "THE MIAMI WORLDCENTER" ON APPROXIMATELY ± 25 ACRES, ZONED SD-16.3, "MIAMI WORLDCENTER SPECIAL DISTRICT," LOCATED BETWEEN NORTHEAST 6TH STREET AND NORTHEAST 11TH STREET AND BETWEEN NORTH MIAMI AVENUE AND NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. LOCATION: Approximately NE 6th Street and NE 11th Street and Between N Miami Avenue and NE 2nd Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommend approval. PURPOSE: This will allow a development agreement for the proposed Miami Worldcenter. 08-01015da & 08-01015zt Miami -Dade County Letter to Miami City Manager.pdf 08-01015da CC Legislation (Version 1).pdf 08-01015da Miami World Center Development Agreement 9-16-08.pdf DEFERRED A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Gonzalez absent, to defer item PZ.20 to the Commission meeting currently scheduled for October 16, 2008. PZ.21 08-01058zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS IN ORDER: 1) TO INCREASE THE AMOUNT OF PERMITTED ACCESSORY RETAIL USES IN CONJUNCTION WITH A MAJOR SPORTS FACILITY IN THE G/I DISTRICT; 2) TO INCLUDE OFFSTREET PARKING REQUIREMENT PROVISIONS IN SAID DISTRICT; 3) TO PERMIT A TEN PERCENT (10%) REDUCTION OF REQUIRED OFFSTREET PARKING SPACES, SUBJECT TO A CLASS II SPECIAL PERMIT, WHEN SAID MAJOR SPORTS FACILITY IS LOCATED WITHIN A CERTAIN PROXIMITY OF A METRORAIL OR PEOPLE MOVER STATION; AND 4) TO ALLOW A MODIFICATION OF UP TO A MAXIMUM OF FIFTY PERCENT (50%) OF THE REQUIRED SETBACKS, SUBJECT TO A CLASS II SPECIAL PERMIT, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 39 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommend approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 17, 2008 by a vote of 8-0. PURPOSE: This will allow certain modifications related to Major Sports Facilities in the G/I Government/Institutional District. 08-01058zt CC Legislation (Version 2).pdf 08-01058zt PAB Reso.PDF MOVED: Angel Gonzalez SECONDED: Marc David Sarnoff UNANIMOUS Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 40 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ City ofMiami Page 41 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 08-01066 DISCUSSION ITEM BASED ON A RECENT LEGAL OPINION FROM THE LEGAL DEPARTMENT, AND WITH THE APPROVAL OF THE CITY MANAGER, DISCUSSION ABOUT TAKING IMMEDIATE STEPS TO TERMINATE A 2006 "AGREEMENT" WITH STAUBACH-NORTHEAST. (STAUBACH-NORTHEAST IS A REAL ESTATE BROKER WHICH IS ALLEGEDLY UNLICENSED IN THE STATE OF FLORIDA. FURTHER, THE ORIGINAL 2006 CONTRACT WAS FOR ONE YEAR WITH LANGUAGE ALLOWING THE CITY MANAGER TO TERMINATE). DISCUSSION ABOUT IF THIS SERVICE IS REQUIRED AND WHAT ADDED VALUE STAUBACK WOULD PROVIDE TO THE CITIZENS OF MIAMI FOR ITS SERVICES. THE PROSPECTIVE PURCHASERS ARE A KNOWN COMMODITY AND AT LEAST TWO PROSPECTIVE PURCHASERS HAVE EXPRESSED INTEREST. 08-01066 E-Mail.pdf DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to defer item D2.1 to the Commission meeting currently scheduled for October 16, 2008. City ofMiami Page 42 Printed on 9/29/2008 City Commission Marked Agenda September 25, 2008 Motion to Adjourn DISTRICT 3 CHAIR JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and passed unanimously, with Vice Chair Spence -Jones absent, to adjourn today's meeting. City ofMiami Page 43 Printed on 9/29/2008