Loading...
HomeMy WebLinkAboutCC 2003-03-27 Marked AgendaMEETING DATE: MARCH 27, 2003 CITY HALL, 3500 PAN AMERICAN DRIVE ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS FOLLOWING THE COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO OCCURS, OVERRIDE SUCH VETO BY A FOUR-FIFTHS VOTE OF THE COMMISSIONERS THEN PRESENT. ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY VOTE OF THE COMMISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. REGULAR CITY COM M ISS ION M EETI NG. *THIS MEETING SHALL CONVENE AT 9:00 AM* THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY CLERK IN CITY HALL. ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER. Formal action may be taken on any item discussed or added to this Agenda. Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will require a verbatim record of the proceeding upon which the appeal is based. Any person with a disability requiring auxiliary aids and services for meetings may call the City Clerk's Office, 250-5360, with requests at least two business days before the meeting date. * * * * * * * * * * * * * The City Commission has established a policy that the lunch recess will begin at the conclusion of deliberations of the agenda item being considered at Noon; further, that Commission meetings will adjourn at the conclusion of deliberations on the agenda item being considered at 9:00 PM. (Resolution No. 87-115) PAGE 2 MARCH 27, 2003 9:00 AM PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES CONSENT AGENDA Item 1 which is comprised of items CA -1 through CA -24 may be heard in the numbered sequence or as announced by the Commission SPECIAL 4/5TNS VOTE CONSENT AGENDA Item 1A which is comprised of items S -CA -1 through S -CA - 68 may be heard in the numbered sequence or as announced by the Commission GENERAL LEGISLATIVE ITEMS Item 2 may 3 be heard in the numbered sequence or as announced by the Commission MAYOR AND COMMISSIONERS' ITEMS GENERAL LEGISLATIVE ITEMS CONT'D Items 4 through 44 may be heard in the numbered sequence or as announced by the Commission TIME CERTAIN 10:00 a.m. — Item 7A - Update Report concerning the Little Haiti Park FOR ADOPTED LEGISLATION NOT APPEARING AS PART OF THIS PRINTED AGENDA, KINDLY REFER TO THE CITY CLERK'S REPORT, ATTACHED HERETO. 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE ATTORNEY- CLIENT SESSION (CLOSED TO THE PUBLIC TO DISCUSS LITIGATION STRATEGY) UNDER F. S. 286.011(8) [2002], THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE IMMEDIATELY AFTER THE MEETING IS CONVENED THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSE OF DISCUSSING PENDING LITIGATION: ACCESS NOW, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, AND CHRIST TAVANTZIS VS. CITY OF MIAMI, A MUNICIPAL CORPORATION, MIAMI DADE COUNTY, AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, CASE NO. 02-21413-CIV-MORENO, IN THE UNITED DISTRICT COURT SOUTHERN, DISTRICT OF FLORIDA. THE CLOSED DOOR SESSION WILL BEGIN AT APPROXIMATELY 9:00 A.M. AND CONCLUDE AT APPROXIMATELY 10:00 A.M. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, TOMAS REGALADO, ANGEL GONZALEZ, JOE SANCHEZ, ARTHUR E. TEELE, JR., AND JOHNNY L. WINTON; THE CITY MANAGER, JOE ARRIOLA; THE CITY ATTORNEY, ALEJANDRO VILARELLO; AND ASSISTANT CITY ATTORNEYS MARIA J. CHIARO AND HENRY J. HUNNEFELD. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPTS WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. PAGE 3 MARCH 27, 2003 DELIVERED MOTION -03-246 MOVED: REGALADO SECONDED: SANCBEZ ABSENT: WINTON MOTION -03-247 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: WINTON PAGE 4 MARCH 27, 2003 A. PRESENTATIONS & PROCLAMATIONS NAME OF HONOREE PRESENTER PROTOCOL ITEM Ramond McElroy Commissioner Regalado Condolence to Family The Miami Commission on the Status of Women Mayor Diaz and Commissioners Proclamation Margarita Rohaidy Delgado (No Appearance) Commissioner Regalado Proclamation B. MAYORAL VETOES NONE 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 COMMISSION CONSIDERATION. C. APPROVING THE MINUTES OF THE FOLLOWING NOT TAKEN UP MEETINGS: REGULAR MEETING OF OCTOBER 11, 2001 SPECIAL MEETING OF JANUARY 28, 2003 1. CA -1. CONSENT AGENDA Unless a member of the City Commission wishes to remove a specific item from this portion of the agenda, Items CA -1 through CA -24 constitute the Consent Agenda. These items are self-explanatory and are not expected to require additional review or discussion. Each item will be recorded individually, adopted unanimously by the following motion: . that the Consent Agenda comprised of items CA -1 through CA -24 be adopted ..." The Presiding Officer or City Clerk shall state the following: "Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda? Hearing none, the vote on the adoption of the Consent Agenda will now be taken." RESOLUTION - (J-03-186) - (ACCEPTING BID) ACCEPTING THE BID OF MEF CONSTRUCTION, INC. (FEMALE/LOCAL VENDOR, 782 N.W. 42ND AVENUE, SUITE 640, MIAMI, FLORIDA) FOR THE PROJECT ENTITLED "CITYWIDE SIDEWALK REPLACEMENT PROJECT PHASE 24, B-4664", IN THE AMOUNT OF $189,050 FOR CONTRACT COSTS, PLUS $25,950 FOR EXPENSES INCURRED BY THE CITY, FOR A TOTAL ESTIMATED COST OF $215,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 341183; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECT. PAGE 5 MARCH 27, 2003 R-03-248 MOVED: SECONDED ABSENT: SANC]HEZ GONZALEZ WINTON CA -2 CA -3 CONSENT AGENDA CONT'D WITHDRAWN RESOLUTION - (J-03-204) - (ACCEPTING BID) ACCEPTING THE BID OF EL CARIBENO (NOW MINORITY/MIAMI-DADE COUNTY VENDOR, 5670 N.W. 116TH AVENUE, UNIT 215, MIAMI, FLORIDA) FOR THE PROVISION OF EVENT MAINTENANCE SERVICES AT THE COCONUT GROVE EXPO CENTER FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, ON A CONTRACT BASIS FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $80,000, FOR A TOTAL CONTRACT AWARD AMOUNT NOT TO EXCEED $240,000; ALLOCATING FUNDS FROM THE COCONUT GROVE EXPO CENTER DIVISION BUDGET, ACCOUNT CODE NO. 415000.350201.6.340, SUBJECT TO BUDGETARY APPROVAL; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. PAGE 6 MARCH 27, 2003 R-03-249 MOVED: SECONDED ABSENT: SANC]HEZ GONZALEZ WINTON CA -4 CA -5 CONSENT AGENDA CONT'D RESOLUTION - (J-03-200) - (ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER) ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 01-02-224, THAT THE MOST QUALIFIED FIRMS TO PROVIDE ENERGY PERFORMANCE SAVINGS CONTRACTING SERVICES ARE, IN RANK ORDER: (1) FLORIDA POWER AND LIGHT, (2) JOHNSON CONTROLS, INC., AND (3) TECO BGA, INC.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH FLORIDA POWER AND LIGHT, THE TOP-RANKED FIRM, FOR AN INITIAL TEN-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR ONE ADDITIONAL FIVE-YEAR PERIOD; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM AND THE THIRD -RANKED FIRM, RESPECTIVELY, IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP-RANKED FIRM; DIRECTING THE CITY MANAGER TO PRESENT THE AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION. RESOLUTION - (J-03-203) - (RESCINDING, IN ITS ENTIRETY, RESOLUTION NO. 02-1042) RESCINDING, IN ITS ENTIRETY, RESOLUTION NO.02-1042 AND THE BID AWARDED TO CASA DE RADIADORES, INC. ("CASA") A/K/A THE HOUSE OF RADIATORS, INC., (HISPANIC/LOCAL VENDOR, 725 WEST FLAGLER STREET, SUITE A, MIAMI, FLORIDA) FOR THE ACQUISITION AND INSTALLATION OF AUTOMOTIVE RADIATOR RECORING AND REPAIR SERVICES FOR THE DEPARTMENT OF MUNICIPAL SERVICES, HEAVY FLEET DIVISION, AS CASA FAILED TO SUBMIT DOCUMENTATION REQUIRED PURSUANT TO ITS CONTRACT WITH THE CITY. PAGE 7 MARCH 27, 2003 R-03-250 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: WINTON WITHDRAWN CA -6 CA -7 CONSENT AGENDA CONT'D RESOLUTION - (J-03-202) - (APPROVING PROCUREMENT) APPROVING THE PROCUREMENT OF ELECTRICAL PRODUCTS FROM GRAYBAR ELECTRIC COMPANY, INC. (NON-MINORITY/LOCAL VENDOR, 2111 N.W. 22ND AVENUE, MIAMI, FLORIDA) FOR THE DEPARTMENT OF PURCHASING, TO BE USED BY VARIOUS USER DEPARTMENTS AND AGENCIES, UNDER EXISTING LOS ANGELES COUNTY CONTRACT NO. 41902, ON AN AS - NEEDED CONTRACT BASIS, EFFECTIVE THROUGH JANUARY 31, 2006, SUBJECT TO FURTHER EXTENSIONS BY LOS ANGELES COUNTY; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS, SUBJECT TO AVAILABILITY OF FUNDS. RESOLUTION - (J-03-155) - (AUTHORIZING FUNDING) AUTHORIZING THE FUNDING OF THE POLICE ATHLETIC LEAGUE ("PAL") PROGRAM, TO ASSIST WITH EXPENSES RELATED TO THE OPERATION OF THE PROGRAM, IN AN AMOUNT NOT TO EXCEED $510,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES (2002), AS AMENDED. PAGE 8 MARCH 27, 2003 R-03-251 MOVED: SANC]HEZ SECONDED:GONZALEZ ABSENT: WINTON R-03-252 MOVED: SANC]HEZ SECONDED:GONZALEZ ABSENT: WINTON CA -8 CA -9 CONSENT AGENDA CONT'D RESOLUTION - (J-03-) - (AUTHORIZING FUNDING) AUTHORIZING FUNDING OF THE POLICE EXPLORERS PROGRAM, AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $50,000, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBER 690001, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED. RESOLUTION - (J-03-145) - (AUTHORIZING PURCHASE) AUTHORIZING THE PURCHASE OF CELLULAR EQUIPMENT AND SERVICES FROM VARIOUS VENDORS FOR THE DEPARTMENT OF POLICE, ON AN AS - NEEDED BASIS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 725-000-03-1, EFFECTIVE UNTIL DECEMBER 19, 2005, AND ANY EXTENSIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $100,591; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NOS. 001000.290201.6.510, 001000.290201.6.840 AND 001000.290201.6.850, SUBJECT TO BUDGETARY APPROVAL. PAGE 9 MARCH 27, 2003 R-03-253 MOVED: SANC]HEZ SECONDED:GONZALEZ ABSENT: WINTON R-03-254 MOVED: SANC]HEZ SECONDED:GONZALEZ ABSENT: WINTON CA -10. CA -11 CONSENT AGENDA CONT'D RESOLUTION - (J-03-201) - (AUTHORIZING PURCHASE) AUTHORIZING THE PURCHASE OF CELLULAR EQUIPMENT AND SERVICES FROM VARIOUS VENDORS FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED BASIS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 725-000-03-1, EFFECTIVE UNTIL DECEMBER 19, 2005, SUBJECT TO ANY EXTENSIONS; SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING;" ALLOCATING FUNDS, IN AN ANNUAL AMOUNT NOT TO EXCEED $105,000, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003. RESOLUTION - (J-03-193) - (APPROVING PROCUREMENT) APPROVING THE PROCUREMENT OF AUTOMOTIVE RADIATOR, SURGE TANKS AND DIESEL FUEL TANKS SERVICING AND REPAIRS FOR MOTOR VEHICLES FROM ABC RADIATOR AND AIR, INC. (NON- MINORITY/NON-LOCAL VENDOR, 13007 N.E. 14TH AVENUE, NORTH MIAMI, FLORIDA) FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES ON AN AS -NEEDED CONTRACT BASIS, AWARDED UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 5418-0/03, EFFECTIVE THROUGH JANUARY 31, 2004, SUBJECT TO ANY EXTENSIONS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO AVAILABILITY OF FUNDS. PAGE 10 MARCH 27, 2003 R-03-255 MOVED: SANCHEZ SECONDED:GONZALEZ ABSENT: WINTON WITHDRAWN CONSENT AGENDA CONT'D CA -12. RESOLUTION - (J-03-185) - (AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF EDWARDS AND KELCEY, INC.) AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF EDWARDS AND KELCEY, INC., SELECTED FROM THE LIST OF PRE -APPROVED ENGINEERING FIRMS, APPROVED BY RESOLUTION NO. 02-144, FOR THE DESIGN DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, CONSTRUCTION AND ADMINISTRATION CONSULTING SERVICES RELATED TO THE BICENTENNIAL PARK SHORELINE STABILIZATION PROJECT, AT SPECIFIC COSTS TO BE DETERMINED BY (1) THE SCOPE OF SERVICES REQUIRED FOR SAID PROJECT, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH EDWARDS AND KELCEY, INC., EXECUTED PURSUANT TO RESOLUTION NO. 02-144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AND ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $378,407 FOR SERVICES AND EXPENSES INCURRED BY THE CITY, FROM CAPITAL IMPROVEMENT PROJECT NO. 331418, ENTITLED "BICENNTENIAL PARK IMPROVEMENTS." PAGE 11 MARCH 27, 2003 R-03-256 MOVED: SANC]HEZ SECONDED:GONZALEZ ABSENT: WINTON CA -13. CA -14. CONSENT AGENDA CONT'D RESOLUTION - (J-03-) - (AUTHORIZING THE ROLLOVER OF FUNDS) AUTHORIZING THE ROLLOVER OF FUNDS, IN THE AMOUNT NOT TO EXCEED $31,871, FROM FISCAL YEAR 2001-2002 TO 2002-2003, FROM THE 2000 SUPER NOFA SUPPORTIVE SERVICES GRANT AWARDED TO THE HOMELESS PROGRAM BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THROUGH MIAMI-DADE COUNTY HOMELESS TRUST; AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING WORK PROGRAM AND BUDGET TO REFLECT THE ROLLOVER OF SAID FUNDS. RESOLUTION - (J-03-) - (AUTHORIZING THE ROLLOVER OF UNEXPENDED REVENUES) AUTHORIZING THE ROLLOVER OF UNEXPENDED REVENUES, IN THE AMOUNT OF $16,768, FROM FISCAL YEAR 2001-2002 TO FISCAL YEAR 2002-2003 "ALLIANCE FOR HUMAN SERVICES GRANT TO THE CITY OF MIAMI HOMELESS PROGRAM," AWARDED TO THE HOMELESS PROGRAM BY MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES, ALLIANCE FOR HUMAN SERVICES; AND AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING WORK PROGRAM AND BUDGET TO REFLECT THE ROLLOVER OF FUNDS. PAGE 12 MARCH 27, 2003 R-03-257 MOVED: SANC]HEZ SECONDED:GONZALEZ ABSENT: WINTON R-03-258 MOVED: SANC]HEZ SECONDED:GONZALEZ ABSENT: WINTON CA -15. CA -16. CONSENT AGENDA CONT'D RESOLUTION - (J-03-239) - (AUTHORIZING SETTLEMENT) AUTHORIZING THE DIRECTOR OF FINANCE TO PAY AS SETTLEMENT TO PLAINTIFF, DAVID F. McCRANIE, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $85,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, INCLUDING, BUT NOT LIMITED TO OFFICER GUILLERMO GONZALEZ, IN THE CASE OF DAVID F. McCRANIE VS. THE CITY OF MIAMI, FILED IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 02-11472 CA (05), UPON THE EXECUTION OF A GENERAL RELEASE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $85,000, FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. RESOLUTION - (J-03-199) - (AUTHORIZING SETTLEMENT) AUTHORIZING THE DIRECTOR OF FINANCE TO PAY GEORGE DOUGLAS SCOLLIN AND LINDA ZIBELLI-SCOLLIN, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $65,000 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 GEORGE DOUGLAS SCOLLIN AND LINDA ZIBELLI-SCOLLIN V. CITY OF MIAMI, IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 01- 31252 CA (22), UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651. PAGE 13 MARCH 27, 2003 R-03-259 MOVED: SANC]HEZ SECONDED: GONZALEZ ABSENT: WINTON R-03-260 MOVED: SANC]HEZ SECONDED: GONZALEZ ABSENT: WINTON PAGE 14 MARCH 27, 2003 CA -17 CA -18. CONSENT AGENDA CONT'D RESOLUTION - (J-03-322) - (AUTHORIZING SETTLEMENT) AUTHORIZING THE DIRECTOR OF FINANCE TO PAY AS SETTLEMENT TO PLAINTIFF, ELENA PRUNEDA, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $65,000, 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 PRUNEDA VS. THE CITY OF MIAMI, FILED IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 01-29823 CA 01, UPON THE EXECUTION OF A GENERAL RELEASE BY ELENA PRUNEDA AND LAZARO PRUNEDA, ACCEPTABLE TO THE CITY ATTORNEY, OF ALL CLAIMS AND RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $65,000, FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. RESOLUTION - (J-03-110) - (DIRECTING THE CITY ATTORNEY TO TAKE ACTIONS) DIRECTING THE CITY ATTORNEY TO TAKE ACTIONS NECESSARY, INCLUDING THE ENGAGEMENT OF LEGAL COUNSEL, AGAINST BUNKERS OF MIAMI, A FLORIDA JOINT VENTURE, A/K/A BUNKERS OF MIAMI, INC., A/K/A BUNKERS OF MIAMI JOINT VENTURE A/K/A BUNKERS OF MIAMI ("BUNKERS") AND OTHER PARTIES TO PROTECT, PRESERVE AND DEFEND THE INTERESTS OF THE CITY OF MIAMI, INCLUDING, BUT NOT LIMITED TO ANY ACTION AUTHORIZED BY LAW OR IN EQUITY, TO OBTAIN RELIEF OR TO REMEDY ANY LOSSES OR DAMAGES SUSTAINED BY THE CITY RELATED TO BUNKERS' BREACHES OF THE MANAGEMENT AGREEMENT DATED JANUARY 25, 1996, AND ALLEGATIONS IN GREGORI INTERNATIONAL OF FLORIDA, INC. VS. CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 97- 16935 CA (02). PAGE 15 MARCH 27, 2003 R-03-261 MOVED: SANC]HEZ SECONDED:GONZALEZ ABSENT: WINTON MOTION -03-267 MOVED: GONZALEZ SECONDED: REGALADO ABSENT: WINTON DEFERRED TO 4-10-03 BY MOTION -03-320 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: WINTON CONSENT AGENDA CONT'D CA -19. RESOLUTION - (J-03-143) - (AUTHORIZING THE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF GREENBERG TRAURIG, P.A.) AUTHORIZING THE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF GREENBERG TRAURIG, P.A. TO REPRESENT THE CITY OF MIAMI IN THE MATTER OF TERMINATION OF EMPLOYMENT PROCEEDINGS AGAINST JESUS "JESSE" AGUERO, IN THE AMOUNT OF $50,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; AND ALLOCATING FUNDS FROM THE SELF- INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID LEGAL SERVICES. CA -20. RESOLUTION - (J-03-227) - (APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE) APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE PURSUANT TO REQUEST FOR PROPOSAL NO. 02-03-010, FOR WORKERS COMPENSATION CLAIMS ADMINISTRATION (PART I SERVICES); GENERAL, AUTOMOBILE AND PROFESSIONAL LIABILITY HANDLING CLAIMS ADMINISTRATION (PART II SERVICES), AND/OR MANAGED CARE SERVICES (PART III SERVICES); AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), WITH GALLAGHER BASSETT SERVICES, INC., THE TOP-RANKED FIRM, FOR THE PROVISION OF PART I AND PART II SERVICES, AND SHOULD NEGOTIATIONS FAIL WITH THE TOP-RANKED FIRM, TO NEGOTIATE WITH CRAWFORD AND COMPANY, THE SECOND -RANKED FIRM, UNTIL A CONTRACT IS NEGOTIATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH PREFERRED GOVERNMENTAL CLAIMS SOLUTIONS (PGCS), THE TOP-RANKED FIRM, FOR THE PROVISION OF PART III SERVICES, FOR A THREE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR FIVE ADDITIONAL ONE-YEAR PERIODS, AND SHOULD NEGOTIATIONS FAIL, THE EVALUATION COMMITTEE SHALL RECONVENE TO RECONSIDER ITS RECOMMENDATION FOR AWARD; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT(S) TO THE CITY COMMISSION FOR PAGE 16 MARCH 27, 2003 R-03-262 MOVED: SANC]HEZ SECONDED: GONZALEZ ABSENT: WINTON DEFERRED TO 4-10-03 AT: 9:15 AM BY MOTION -03-287 MOVED: GONZALEZ SECONDED: REGALADO ABSENT: WINTON PAGE 17 MARCH 27, 2003 CONSIDERATION. CONSENT AGENDA CONT'D CA -21. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SPECIFIC COST AGREEMENT WITH EDWARDS AND KELCEY, INC.) AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SPECIFIC COST AGREEMENT WITH EDWARDS AND KELCEY, INC. PROFESSIONAL CONSULTANTS ON THE PRE -APPROVED LIST OF THE DEPARTMENT OF CAPITAL IMPROVEMENTS, APPROVED BY RESOLUTION NO. 02-144, FOR THE DESIGN DEVELOPMENT PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, CONSTRUCTION ADMINISTRATION, AND POST -CONSTRUCTION ADMINISTRATION CONSULTING SERVICES RELATED TO THE PROJECT S.W. 16TH TERRACE, STREET IMPROVEMENTS, AT SPECIFIC COSTS TO BE DETERMINED BY (1) THE SCOPE OF SERVICES REQUIRED FOR SAID PROJECT, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH EDWARDS AND KELCEY, INC. EXECUTED PURSUANT TO RESOLUTION NO. 02-144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AND ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $250,000 FOR SERVICES EXPENSES INCURRED BY THE CITY, FROM CAPITAL IMPROVEMENT PROJECT NO. 341206 ENTITLED "S.W. 16TH TERRACE STREET IMPROVEMENTS". CA -22. RESOLUTION - (J-03-) - (AUTHORIZING AN INCREASE IN THE CONTRACT) AUTHORIZING AN INCREASE IN THE CONTRACT AMOUNT WITH METRO EXPRESS, INC., TO COVER COSTS FOR ADDITIONAL WORK ON THE PROJECT ENTITLED "CITYWIDE CURB REPLACEMENT PROJECT 2003, B-4661", IN AN AMOUNT NOT TO EXCEED $200,000, INCREASING THE TOTAL CONTRACT AMOUNT FROM $98,050 TO $298,050; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROGRAMS PROJECT NO. 311714. PAGE 18 MARCH 27, 2003 R-03-263 MOVED: SANC]HEZ SECONDED:GONZALEZ ABSENT: WINTON R-03-264 (MODIFIED) MOVED: SANC]HEZ SECONDED:GONZALEZ ABSENT: WINTON CONSENT AGENDA CONT'D CA -23. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO PROVIDE CITY OF MIAMI EMPLOYEES WHO ARE MEMBERS OF THE UNITED STATES MILITARY RESERVE OR FLORIDA NATIONAL GUARD) AUTHORIZING THE CITY MANAGER TO PROVIDE CITY OF MIAMI EMPLOYEES WHO ARE MEMBERS OF THE UNITED STATES MILITARY RESERVE OR FLORIDA NATIONAL GUARD AND ORDERED TO REPORT FOR ACTIVE DUTY IN RESPONSE TO THE UNITED STATES' WAR WITH IRAQ OR TERRORIST ATTACKS AGAINST THE UNITED STATES, A SUPPLEMENT, RETROACTIVE TO SEPTEMBER 25, 2002, IF APPLICABLE, TO CONTINUE UNTIL SEPTEMBER 25, 2003, TO MILITARY PAY RECEIVED IN AN AMOUNT NECESSARY TO BRING TOTAL SALARY, INCLUSIVE OF BASE MILITARY PAY, TO THE LEVEL EARNED AT THE TIME OF THE ORDER TO ACTIVE MILITARY DUTY; APPROVING CERTAIN OTHER SPECIFIED BENEFITS, WITH THE MONIES FOR SUCH EXPENDITURE BEING ALLOCATED FROM PREVIOUSLY APPROPRIATED SALARY AND SALARY SURPLUS FUNDS; DIRECTING THE CITY MANAGER TO DETERMINE THE NEED TO CONTINUE OR TERMINATE SUCH BENEFITS EVERY SIX MONTHS AND TO ADVISE THE CITY COMMISSION ACCORDINGLY; AND DIRECTING THE CITY MANAGER TO EXECUTE ALL THE NECESSARY DOCUMENTS FOR SAID PURPOSE. CA -24. ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. END OF CONSENT AGENDA PAGE 19 MARCH 27, 2003 R-03-265 MOVED: SANC]HEZ SECONDED: GONZALEZ ABSENT: WINTON MOTION -03-266 MOVED: SANC]HEZ SECONDED: GONZALEZ ABSENT: WINTON SPECIAL 4/5THS VOTE CONSENT AGENDA Unless a member of the City Commission wishes to remove a specific item from this portion of the agenda, Items S -CA -1 through S -CA -68 constitute the Consent Agenda. These items are self-explanatory and are not expected to require additional review or discussion. Each item will be recorded individually, adopted unanimously by the following motion: .. that the Consent Agenda comprised of items S- CA -1 through S -CA -68 be adopted ..." The Presiding Officer or City Clerk shall state the following: "Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda? Hearing none, the vote on the adoption of the Consent Agenda will now be taken." S -CA -1 RESOLUTIONS - (J-03-251 THROUGH J-03-318) - THROUGH (RATIFYING, APPROVING AND CONFIRMING THE CITY S -CA -68 MANAGER'S FINDINGS OF AN EMERGENCY) (4/5THS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGET OF VARIOUS USER DEPARTMENT ACCOUNTS. A SEPARATE RESOLUTION FOR EACH FILE IS ATTACHED TO THE AGENDA PACKET. PAGE 20 MARCH 27, 2003 DEFERRED TO 4-10-03 BY MOTION -03-321 MOVED: GONZALEZ SECONDED: REGALADO ABSENT: WINTON PERSONAL APPEARANCES NOTE: LEGISLATION MAY RESULT FROM CITY COMMISSION CONSIDERATION OF ANY PERSONAL APPEARANCE. 2. REPRESENTATIVE(S) FROM THE CUBAN MUNICIPALITIES FAIR CORP., TO ADDRESS THE COMMISSION CONCERNING THE 21ST FAIR OF THE CUBAN MUNICIPALITIES IN EXILE SCHEDULED TO TAKE PLACE FROM APRIL 3-6, 2003, ON THE PREMISES OF THE PARKING LOT ADJACENT TO THE FLAGLER DOG TRACK, N.W. 37TH AVENUE AT 7TH STREET, MIAMI, FLORIDA. THE GROUP WILL REQUEST A WAIVER THAT THE EVENT WILL NOT COUNT AS ONE OF THE TWO ALLOCATED ANNUAL EVENTS FOR THE SITE. ADMINISTRATION RECOMMENDATION: TO BE DISCUSSED 3. RINGO CAYARD, CEO OF THE HAITIAN AMERICAN FOUNDATION, INC. TO ADDRESS THE COMMISSION CONCERNING A WAIVER OF IN KIND SERVICES REGARDING THE UPCOMING EVENT ON APRIL 13, 2003, IN DOWNTOWN MIAMI. ADMINISTRATION RECOMMENDATION: TO BE DISCUSSED PAGE 21 MARCH 27, 2003 MOTION -03-269 MOVED: SANCHEZ SECONDED: REGALADO ABSENT: GONZALEZ, WINTON MOTION -03-270 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: WINTON R-03-334 MOVED: TEELE SECONDED: GONZALEZ ABSENT: WINTON [Note: motion 03-334 turned into a resolution, per Law Department.] MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ A. DISCUSSION CONCERNING THE SALARY AND BENEFIT TO BE PAID TO THE CITY MANAGER. B. RESOLUTION - (J-03-) - (AUTHORIZING THE EXPENDITURE OF FUNDS) AUTHORIZING THE EXPENDITURE OF FUNDS, IN AN AMOUNT NOT TO EXCEED $200,000 TO UNDERWRITE EXPENSES ASSOCIATED WITH THE IMPLEMENTATION OF PHASE II OF THE MAYOR'S CITYWIDE POVERTY INITIATIVE (ACCION MIAMI - MICRO -LENDING INITIATIVE $150,000); FROM THE SPECIAL REVENUE ACCOUNT ENTITLED, "POVERTY INITIATIVE;" ALLOCATING FUNDS FROM FISCAL YEAR 2002-2003 BUDGETED FUNDS; FURTHER DIRECTING THE CITY MANAGER TO NEGOTIATE THE NECESSARY AGREEMENT (S) TO IMPLEMENT SAID PHASE AND PRESENT THE NEGOTIATED AGREEMENT(S) TO THE CITY COMMISSION FOR CONSIDERATION. PAGE 22 MARCH 27, 2003 R-03-279 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: WINTON NOT TAKEN UP MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 1 COMMISSIONER ANGEL GONZALEZ A. DISCUSSION CONCERNING A COMPLETE AUDIT OF THE POLICE PROPERTY ROOM. THE AUDIT UNDERTAKEN BY INTERNAL AUDIT DEMONSTRATED SUFFICIENT PROBLEMS TO REQUIRE A MORE EXTENSIVE INVESTIGATION OF THE PROBLEM. B. DISCUSSION CONCERNING AN AUDIT OF THE LAW ENFORCEMENT TRUST FUND. C. DISCUSSION CONCERNING CITY CODE ENFORCEMENT EFFORTS TOWARD VACANT ABANDONED PROPERTIES. D. RESOLUTION - (J-03-) - (RELATED TO THE LIGA CONTRA EL CANCER, INC. TELETHON) RELATED TO THE LIGA CONTRA EL CANCER, INC. TELETHON TO BE HELD AT THE COCONUT GROVE EXPO CENTER ON JUNE 11, 2003; AUTHORIZING THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW FOR THE PROVISION OF IN-KIND SERVICES FROM THE DEPARTMENTS OF POLICE, FIRE -RESCUE, MUNICIPAL SERVICES, SOLID WASTE, AND PARKS AND RECREATION, IN AN AMOUNT NOT TO EXCEED $21,473; ALLOCATING FUNDS FROM ACCOUNT NO. 001000921054.6.289, ENTITLED "SPECIAL EVENTS FESTIVAL ACCOUNT;" CONDITIONING SAID AUTHORIZATIONS UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF ALL OTHER CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER. PAGE 23 MARCH 27, 2003 DISCUSSED DISCUSSED DISCUSSED R-03-322 MOVED: GONZALEZ SECONDED: REGALADO ABSENT: WINTON MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 2 CHAIRMAN JOHNNY L. WINTON A. RESOLUTION - (J-03-213) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH INVEST IN MIAMI, INC., FOR USE OF ITS WEBSITE TO PROMOTE ECONOMIC DEVELOPMENT IN REAL ESTATE TO STIMULATE INWARD INVESTMENT AND EXPAND THE TAX BASE OF THE CITY OF MIAMI, FOR AN INITIAL FIVE- YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL FIVE-YEAR PERIODS, AND SUBJECT TO ALL OTHER TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. PAGE 24 MARCH 27, 2003 NOT TAKEN UP MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 3 COMMISSIONER JOE SANCHEZ A. DISCUSSION CONCERNING ROTATING THE CHAIRMANSHIP OF ALL BODIES THAT COMMISSIONERS SERVE ON, SUCH AS THE CRA, BAYFRONT TRUST, ETC. B. RESOLUTION - (J-03-179) - (DIRECTING THE CITY MANAGER TO INSTRUCT THE DEPARTMENT OF INTERNAL AUDITS TO CONDUCT A FULL AND COMPLETE AUDIT) DIRECTING THE CITY MANAGER TO INSTRUCT THE DEPARTMENT OF INTERNAL AUDITS TO CONDUCT A FULL AND COMPLETE AUDIT OF THE CITY OF MIAMI COMMUNITY REDEVELOPMENT AGENCY ("CRA"), TO INCLUDE, BUT NOT LIMITED TO, SPECIFIC CONCERNS AS SET FORTH HEREIN; DIRECTING THAT THE AUDIT BE INITIATED IMMEDIATELY, AND PROGRESS UNINTERRUPTED THROUGH COMPLETION; FURTHER DIRECTING THAT FUNDING FOR THE AUDIT BE ALLOCATED FROM TAX INCREMENT FUNDS OF THE OMNI AND SOUTHEAST OVERTOWN/PARK WEST CRA AREAS. C. RESOLUTION - (J-03-) - (CREATING AND ESTABLISHING THE COMMUNITY REDEVELOPMENT AGENCY OVERSIGHT COMMITTEE) CREATING AND ESTABLISHING THE COMMUNITY REDEVELOPMENT AGENCY OVERSIGHT COMMITTEE FOR THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES; SETTING FORTH PURPOSE, POWERS AND DUTIES, AND PAGE 25 MARCH 27, 2003 DEFERRED TO 4-10-03 BY MOTION -03-323 MOVED: SANCHEZ SECONDED: REGALADO ABSENT: WINTON ,GONZALEZ R-03-324 (MODIFIED) MOVED: SANCHEZ SECONDED: REGALADO ABSENT: WINTON ,GONZALEZ SCHEDULE ON CRA MEETING AGENDA OF APRIL 2003 PAGE 26 MARCH 27, 2003 PROVIDING FOR MEMBERSHIP, QUALIFICATIONS, ATTENDANCE AND VACANCIES; OFFICERS; PARLIAMENTARY AUTHORITY, RULES OF PROCEDURE AND MEETINGS; QUORUM, LEGAL COUNSEL, ADMINISTRATIVE STAFF, PUBLIC NOTICE AND MINUTES, AND A SUNSET DATE. 0 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 3 COMMISSIONER JOE SANCHEZ CONT'D FIRST READING ORDINANCE - (J-03-) AMENDING CHAPTER 14, ARTICLE V, DIVISION 2, SECTION 14-282, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DOWNTOWN DEVELOPMENT, SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY, SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, GOVERNING BODY AS THE BOARD OF DIRECTORS," AND ALL RESOLUTIONS RELATED TO THE ESTABLISHMENT OF THE OMNI REDEVELOPMENT AGENCY TO PROVIDE FOR THE APPOINTMENT OF A BOARD OF COMMISSIONERS TO OVERSEE THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES INSTEAD OF THE GOVERNING BODY OF THE CITY OF MIAMI SERVING AS THE CRAS BOARD OF DIRECTORS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 27 MARCH 27, 2003 DEFEFFERED TO 4-24-03 MOTION -03-325 MOVED: SANC]HEZ SECONDED: REGALADO ABSENT: WINTON ,GONZALEZ MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 4 COMMISSIONER TOMAS REGALADO A. DISCUSSION CONCERNING A REPORT FROM THE ADMINISTRATION REGARDING A DIRECTIVE GIVEN AT THE JANUARY 9, 2003 CITY COMMISSION MEETING TO IDENTIFY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR POSSIBLE INFRASTRUCTURE AND PARKING IMPROVEMENTS AROUND THE SOUTHWEST SOCIAL SERVICES PROGRAM FACILITY LOCATED AT 25 TAMIAMI BOULEVARD. B. DISCUSSION CONCERNING THE CREATION OF A WORKING GROUP CHARGED WITH THE REPONSIBILITY OF PREPARING A REPORT ON THE ECONOMIC IMPACT OF A LIVING WAGE ORDINANCE AND TO PRESENT THEIR FINDINGS TO THE MIAMI CITY COMMISSION IN SIXTY (60) DAYS. PAGE 28 MARCH 27, 2003 DISCUSSED R-03-326 (MODIFIED) MOVED: REGALADO SECONDED:GONZALEZ ABSENT: WINTON MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 5 VICE-CHAIRMAN ARTHUR E. TEELE, JR A. DISCUSSION AND RESOLUTION (MOTION) REQUESTING REPORT INCLUDING RESOLUTIONS AND FUNDINGS FOR THE HISTORICAL PRESERVATION GRANT OF $225,000 PROVIDED TO THE PLANNING AND ZONING DEPARTMENT JULY 10, 2001 (FY 2002) SPECIFICALLY, REQUESTING NAMES, GRANTS AND CONTACT AMOUNTS OF ALL ENTITIES THAT HAVE RECEIVED FUNDING UNDER THIS GRANT AND BALANCES, IF ANY REMAINING ON THE GRANT. B. DISCUSSION AND MOTIONS REGARDING THE $255 MIL HOMELAND DEFENSE AND NEIGHBORHOOD IMPROVEMENT BOND SPECIFICALLY RELATED TO THE FOLLOWING ITEMS APPROVED BY THE VOTERS: A) POLICE TRAINING FACILITY AND HOMELAND DEFENSE INITIATIVES - $21 MIL, B) LITTLE HAITI PARK - $25 MIL, C) ORANGE BOWL - $16 MIL, D) QUALITY OF LIFE - $25 MIL (BY DISTRICT), E) NEIGHBORHOOD PARK IMPROVEMENTS AND ACQUISITION - $21 MIL SPECIFICALLY RELATING TO GIBSON/RANGE PARKS AND, F) SOCCER COMPLEX DEVELOPMENT - $10 MIL, G) MARGARET PACE PARK - $4, H) CALLE OCHO IMPROVEMENT - $6 MIL. C. AMENDMENT OF THE MIAMI CITY COMMISSION DIRECTING AN INCREASE TO A PREVIOUSLY STIPULATED ALLOCATION IN THE AMOUNT OF $10,000 FOR MOTION # 0276 PASSED AT CITY COMMISSION MEETING HELD ON JANUARY 9, 2003 TO NOW REFLECT A TOTAL APPROPRIATION NOT TO EXCEED $16,344 TO BE PAID DIRECTLY TO A DOWNTOWN CITY HOTEL AS COSTS OF CITY SPONSORSHIP FOR THE 5,000 ROLE MODELS OF EXCELLENCE BREAKFAST WHICH WAS A PART OF THE MARTIN LUTHER KING HOLIDAY CELEBRATION HELD ON MONDAY, JANUARY 20, 2003 WITH THE MAYOR OF THE CITY OF MIAMI, DISTRICT 5 CITY COMMISSIONER, POLICE CHIEF, DEPUTY CHIEF AND APPROXIMATELY 200 CITY EMPLOYEES PRESENT. PAGE 29 MARCH 27, 2003 DEFERRED TO NEXT MEETING BY MOTION -03-328 MOVED: TEELE SECONDED: GONZALEZ ABSENT: WINTON DEFERRED TO NEXT MEETING BY MOTION -03-328 MOVED: TEELE SECONDED: GONZALEZ ABSENT: WINTON DEFERRED TO NEXT MEETING BY MOTION -03-328 MOVED: TEELE SECONDED: GONZALEZ ABSENT: WINTON MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 5 VICE-CHAIRMAN ARTHUR E. TEELE, JR CONT'D D. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY TO SEEK AN AGREEMENT WITH THE METROPOLITAN PLANNING ORGANIZATION) AUTHORIZING THE CITY TO SEEK AN AGREEMENT WITH THE METROPOLITAN PLANNING ORGANIZATION (MPO) TO ADVANCE FUNDS AND BE SUBSEQUENTLY REIMBURSED FOR THE PLANNING AND EXPEDITING OF THE DEVELOPMENT OF THE MLK BOULEVARD CORRIDOR FROM BISCAYNE BOULEVARD TO NORTHWEST 19TH AVENUE, PROVIDING IN-KIND COSTS FOR CITY SERVICES IN ASSOCIATION WITH THE APRIL ANNIVERSARY OF THE ASSASSINATION OF DR. MARTIN LUTHER KING INCLUDING $10,000 TO ASSIST IN THE HONORARIUM PROVIDED TO BERNICE KING'S, (DAUGHTER OF DR. KING) APPEARANCE IN THE CITY OF MIAMI. E. MOTION OF THE MIAMI CITY COMMISSION RELATING TO THE 5TH ANNUAL HAITIAN COMPAS FESTIVAL TO BE HELD MAY 17, 2003 AUTHORIZING 1) THE USE OF CITY LIGHT AND POLES FOR BANNERS, INCLUDING BUT NOT LIMITED TO DOWNTOWN, LITTLE HAITI AND COCONUT GROVE, 2) REQUESTING THE BAYFRONT TRUST TO PROVIDE ADVICE REGARDING THE EXTENSION OF THE EVENT BY ONE HOUR TO TUESDAY, MAY 18, 2003 3) FURTHER REQUESTING THE COMMUNICATIONS DEPARTMENT IN THE CONTEXT OF THE 200TH ANNIVERSARY OF HAITI TO PROVIDE AIRINGS OF THE HIGHLIGHTS OF THE 5TH ANNUAL HAITIAN COMPAS FESTIVAL AND ANNOUNCING THE TIME AND PLACE OF THE 1ST HAITIAN FLAG DAY AND C) REQUESTING THE CITY MANAGER TO PROVIDE ADVICE AND GRANT WAIVER OF $15,000 PAYABLE TO THE BAYFRONT TRUST MANAGEMENT AND FURTHER CITY SERVICES TO BE SUBMITTED BY THE 1sT MEETING IN APRIL. PAGE 30 MARCH 27, 2003 R-03-332 MOVED: SECONDED ABSENT: TEELE GONZALEZ WINTON MOTION -03-331 MOVED: TEELE SECONDED: SANCBEZ ABSENT: WINTON [Note: Amended 5-2-03 from resolution to motion per Law Department.] PAGE 31 MARCH 27, 2003 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 5 VICE-CHAIRMAN ARTHUR E. TEELE, JR CONT'D F. MOTION OF THE MIAMI CITY COMMISION NOMINATING FATHER KENNETH MAJOR TO THE VACANCY PROVIDED BY SHALLEY JONES, AS APPROPRIATE, FOR THE MODEL CITY REVITALIZATION TRUST BOARD. G. DISCUSSION AND MOTION OF THE MIAMI CITY COMMISION REQUESTING A PROFILE OF DESIGN, ENGINEERING AND CONSTRUCTION SERVICES INCLUDING CONTRACTORS AND SUB -CONTRACTORS INVOLVED IN THE RENOVATION OF CITY HALL. H. DISCUSSION AND MOTION TO ORGANIZE, ACTIVATE & PROVIDE INITIAL FUNDING FOR THE LITTLE HAITI HOMEWOWNERSHIP ZONE AS MANDATED BY THE COMMUNITY DEVELOMENT BLOCK GRANT (CDBG) FIVE-YEAR PLAN 1999-2004, FURTHER INSTRUCTING THE CITY ATTORNEY TO DRAFT ORDINANCES AND LEGISLATION IN CONJUNCTION WITH THE CITY MANAGER TO EFFECTUATE SAME. I. MOTION OF THE MIAMI CITY COMMISSION NOMINATING DWAYNE WYNN (BUSINESSMAN, ENTREPRENEUR AND INTERNATIONAL TRADE BOARD REPRESENTATIVE FOR THE MIAMI-DADE COUNTY) TO THE VACANCY CREATED BY LINDA HASKINS ON THE MODEL CITY REVITALIZATION TRUST BOARD. PAGE 32 MARCH 27, 2003 WITHDRAWN BY MOTION -03-329 MOVED: TEELE SECONDED: GONZALEZ ABSENT: WINTON WITHDRAWN BY MOTION -03-333 MOVED: TEELE SECONDED: GONZALEZ ABSENT: WINTON WITHDRAWN BY MOTION -03-333 MOVED: TEELE SECONDED: GONZALEZ ABSENT: WINTON DEFERRED BY MOTION -03-284 MOVED: REGALADO SECONDED: SANCHEZ ABSENT: WINTON,GONZALEZ ------------------------------- WITHDRAWN BY MOTION -03-329 MOVED: TEELE SECONDED: GONZALEZ ABSENT: WINTON PUBLIC HEARING ITEMS 4. RESOLUTION - (J-03-) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE) (4/5THS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE PROCUREMENT OF SERVICES TO MIGRATE THE CITY'S SCI FINANCIAL SYSTEM FROM A UNISYS MAINFRAME TO AN NT SERVER - BASED COMPUTER SYSTEM, FROM GEMS (GOVERNMENT E -MANAGEMENT SOLUTIONS, INC.), A NON-MINORITY/NON-LOCAL VENDOR AND THE SOLE SOURCE PROVIDER, FOR THE DEPARTMENT OF FINANCE; AUTHORIZING A ONE-TIME EXPENDITURE NOT TO EXCEED $275,000; AND PROVIDING FOR THE OPTION TO EXTEND ANNUAL MAINTENANCE SERVICES, FOR A FIRST YEAR COST OF $21,000, WITH ANNUAL MAINTENANCE FOR GEMS COMPONENTS LIMITED TO NO MORE THAN $47,000 FOR THE SECOND YEAR, AND INCREASES OF NO MORE THAN 5% PER YEAR THEREAFTER, WITH FUNDING ALLOCATED FROM CIP ACCOUNT CODE 311027, CIP ACCOUNT CODE 311613, AND IT SPECIAL REVENUE FUNDS. PAGE 33 MARCH 27, 2003 R-03-297 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: WINTON PUBLIC HEARING ITEMS CONT'D 5. RESOLUTION - (J-03-) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE) (4/5TNS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF LIFEPAK DEFIBRILLATOR/MONITORS AND ACCESSORIES, FROM MEDTRONIC PHYSIO -CONTROL CORPORATION, (NON-MINORITY/NON-LOCAL VENDOR, 11811 WILLOWS ROAD NE P.O. BOX 97023, REDMOND, WASHINGTON) THE SOLE SOURCE PROVIDER OF THIS EQUIPMENT, ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, IN AN ESTIMATED ANNUAL AMOUNT OF $89,479.75, FOR A TOTAL CONTRACT AWARD AMOUNT NOT TO EXCEED $268,439.25, FOR THE DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS THEREFOR FROM THE "MIAMI-DADE COUNTY EMS GRANT (FY `2001-02)", PROJECT NO. 104014, ACCOUNT CODE NOS. 280777.6.840 ($70,000) AND 280774.6.840 ($19,479.75), SUBJECT TO AVAILABILITY OF FUNDS. PAGE 34 MARCH 27, 2003 R-03-298 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: WINTON PUBLIC HEARING ITEMS CONT'D 6. RESOLUTION - (J-03-) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE) (4/5TNS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF MAINTENANCE AND REPAIR SERVICES OF FERNO EMERGENCY AMBULANCE COTS, FROM MEDCO EQUIPMENT REPAIR, INC., D/B/A EMSAR OF SOUTH FLORIDA ("EMSAR"), (NOW MINORITY/MIAMI-DADE COUNTY VENDOR, 13047 SOUTHWEST 133RD COURT, MIAMI, FLORIDA) THE SOLE SOURCE PROVIDER, ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT A FIRST YEAR AMOUNT NOT TO EXCEED $17,316, AND ALLOCATING ANNUAL INCREASES NOT TO EXCEED 5% FOR EACH OPTIONAL YEAR, FOR A TOTAL CONTRACT NOT TO EXCEED $54,599.69, FOR THE DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO. 001000.280701.6.670. PAGE 35 MARCH 27, 2003 R-03-299 MOVED: GONZALEZ SECONDED:REGALADO ABSENT: WINTON PUBLIC HEARING ITEMS CONT'D 7. RESOLUTION CITY MANAGER PROPERTY) 10:00 A.M. (J-03-106) - (AUTHORIZING THE TO ACCEPT THE CONVEYANCE OF AUTHORIZING THE CITY MANAGER TO ACCEPT THE CONVEYANCE OF THE PROPERTY LOCATED AT 1431 NORTHWEST 17TH STREET, MIAMI, FLORIDA ("PROPERTY"), IN "AS -IS" CONDITION, CONSISTING OF APPROXIMATELY 10,350 SQUARE FEET OF LAND WITH IMPROVEMENTS, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") BY HUD DEED, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PURCHASE PRICE OF ONE DOLLAR; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR CONVEYANCE OF THE PROPERTY. (This item was continued from the meetings of February 13, and February 27, 2003) 7A. UPDATE REPORT CONCERNING THE LITTLE HAITI PARK. PAGE 36 MARCH 27, 2003 I R ' ' .h MOTION -03-268 MOVED: REGALADO SECONDED: SANCBEZ ABSENT: WINTON PUBLIC HEARING ITEMS CONT'D 8. RESOLUTION - (J-03-133) - (PURSUANT TO SECTION 2-614 OF THE CITY CODE, WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE) (4/5THS VOTE) PURSUANT TO SECTION 2-614 OF THE CITY CODE, WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE TO ENABLE CARLOS GIMENEZ AND ASSOCIATES, P.A. TO ENTER INTO AN AGREEMENT FOR THE LIMITED PURPOSE OF COORDINATING AND ASSISTING IN THE DEVELOPMENT PROCESS AND ADVISING THE CITY MANAGER CONCERNING ISLAND GARDENS, THE UNIFIED DEVELOPMENT PROJECT LOCATED AT THE NORTHWEST QUADRANT OF WATSON ISLAND. 8A. RESOLUTION - (J-03-161) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S WRITTEN FINDING THAT COMPETITIVE NEGOTIATIONS ARE NOT PRACTICAL OR ADVANTAGEOUS) (4/5THS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S WRITTEN FINDING THAT COMPETITIVE NEGOTIATIONS ARE NOT PRACTICAL OR ADVANTAGEOUS, TO ENGAGE A CONSULTANT TO COORDINATE AND ASSIST IN THE DEVELOPMENT PROCESS AND ADVISE THE CITY MANAGER CONCERNING ISLAND GARDENS, THE UNIFIED DEVELOPMENT PROJECT ON THE NORTHWEST QUADRANT OF WATSON ISLAND; WAIVING THE REQUIREMENTS FOR COMPETITIVE NEGOTIATIONS, AND APPROVING THE ACQUISITION OF SERVICES FROM CARLOS GIMENEZ AND ASSOCIATES, P.A., IN AN ANNUAL AMOUNT NOT TO EXCEED $75,000, INCLUDING EXPENSES, TO BE BORNE AT THE SOLE COST AND EXPENSE OF FLAGSTONE ISLAND GARDENS, LLC., DEVELOPER; AUTHORIZING THE CITY MANAGER TO EXECUTE A TRI -PARTY PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY, CARLOS GIMENEZ AND ASSOCIATES, P.A. AND FLAGSTONE, FOR SAID PURPOSE. PAGE 37 MARCH 27, 2003 WITHDRAWN BY MOTION -03-300 MOVED: REGALADO SECONDED: SANCHEZ NAYS: TEELE ABSENT: WINTON MOTION -03-300 MOVED: REGALADO SECONDED: SANCHEZ NAYS: TEELE ABSENT: WINTON PAGE 38 MARCH 27, 2003 PUBLIC HEARING ITEMS CONT'D 9. RESOLUTION - (J-03-211) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A PERPETUAL NON- EXCLUSIVE EASEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A PERPETUAL NON-EXCLUSIVE EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OF APPROXIMATELY 200 SQUARE FEET OF CITY -OWNED PROPERTY LOCATED AT APPROXIMATELY 1975 NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN ATTACHED AND INCORPORATED "EXHIBIT A," FOR THE CONSTRUCTION AND IMPROVEMENT OF STATE ROAD 933. 3:00 P.M. 10. RESOLUTION - (J-03-) - (AMENDING RESOLUTION NO. 02-1133) AMENDING RESOLUTION NO. 02-1133, ADOPTED OCTOBER 10, 2002, RELATING TO THE ALLOCATION OF $2,223,400 OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS IN THE ECONOMIC DEVELOPMENT CATEGORY AND AMENDING RESOLUTION NO. 02- 775, ADOPTED JULY 8, 2002, RELATING TO THE ALLOCATION OF $1,117,500 OF 28TH YEAR CDBG PROGRAM FUNDS IN THE HOUSING DEVELOPMENT CATEGORY BY TRANSFERRING FUNDS IN THE AMOUNT OF $50,000 FROM DISTRICT 1 ECONOMIC DEVELOPMENT PILOT PROJECTS RESERVE FUND IN THE CATEGORY OF ECONOMIC DEVELOPMENT TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. IN THE CATEGORY OF HOUSING DEVELOPMENT FOR THE 28TH PROGRAM YEAR BEGINNING OCTOBER 1, 2002; AND FURTHER AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING AGREEMENT WITH SAID AGENCY FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO APPLICABLE CITY CODE PAGE 39 MARCH 27, 2003 R-03-301 MOVED: SANCBEZ SECONDED: GONZALEZ ABSENT: WINTON R-03-271 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: WINTON PAGE 40 MARCH 27, 2003 PROVISIONS. PUBLIC HEARING ITEMS CONT'D 11. RESOLUTION - (J-03-195) - (AUTHORIZING THE REALLOCATION OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS) AUTHORIZING THE REALLOCATION OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS FOR PROGRAM YEAR BEGINNING OCTOBER 1, 2002; IN THE CATEGORY OF HISTORIC PRESERVATION, IN THE AMOUNT OF $75,000 FROM THE CITY OF MIAMI PLANNING DEPARTMENT - HISTORIC PRESERVATION ACTIVITIES TO CITY OF MIAMI RETIRED POLICE OFFICERS COMMUNITY BENEVOLENT ASSOCIATION, INC., (ASSOCIATION") FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE ASSOCIATION, FOR SAID PURPOSE. 12. RESOLUTION - (J-03-) - (ALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM THE PREVIOUSLY APPROVED DISTRICT 5 LITTLE HAITI JOB CREATION PILOT PROJECT) ALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM THE PREVIOUSLY APPROVED DISTRICT 5 LITTLE HAITI JOB CREATION PILOT PROJECT SET-ASIDE IN THE AMOUNT OF $90,000 TO SUPER KIDS CHRISTIAN DAY CARE, INC., $90,000 TO TENDER LOVING CHRISTIAN DAY CARE CENTER INC. AND $90,000 TO WEBERMAN'S TRADITIONAL FOODS INC. IN THE FORM OF FIVE (5) YEAR DEFERRED, FORGIVABLE LOANS WITH THE PROVISION THAT THE FUNDS BE USED TO CREATE AND MAINTAIN SIX (6) NEW EMPLOYMENT OPPORTUNITIES PER PROJECT FOR RESIDENTS OF THE LITTLE HAITI NEIGHBORHOOD FOR A PERIOD OF FIVE (5) YEARS, SUBJECT TO SUBMISSION OF EVIDENCE OF AVAILABLE FINANCING TO COMPLETE EACH PROJECT; AND FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH SAID AGENCIES FOR SAID PURPOSES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO PAGE 41 MARCH 27, 2003 R-03-272 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: WINTON R-03-275 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: WINTON PAGE 42 MARCH 27, 2003 APPLICABLE CITY CODE PROVISIONS. PUBLIC HEARING ITEMS CONT'D 13. RESOLUTION - (J-03-230) - (ADOPTING THE 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM POLICY) ADOPTING THE 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM POLICY FOR THE PUBLIC SERVICES CATEGORY, ATTACHED AND INCORPORATED. 14. RESOLUTION - (J-03-231) - (ADOPTING THE 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS POLICY) ADOPTING THE 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS POLICY FOR THE ECONOMIC DEVELOPMENT ACTIVITIES, ATTACHED AND INCORPORATED. PAGE 43 MARCH 27, 2003 R-03-276 (MODIFIED) MOVED: SANCBEZ SECONDED:REGALADO ABSENT: WINTON R-03-277 (MODIFIED) MOVED: SANCBEZ SECONDED:GONZALEZ ABSENT: WINTON PUBLIC HEARING ITEMS CONT'D 15. RESOLUTION - (J-03-) - (ADOPTING THE 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS POLICIES) ADOPTING THE 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS POLICIES FOR THE HOUSING DEVELOPMENT CATEGORY AND HOMEOWNERSHIP ACTIVITIES FUNDED BY THE HOME INVESTMENT PARTNERSHIPS PROGRAM, ATTACHED AND INCORPORATED. 16. RESOLUTION - (J-03-) - (AUTHORIZING THE ALLOCATION OF EMERGENCY SHELTER GRANT FUNDS) AUTHORIZING THE ALLOCATION OF EMERGENCY SHELTER GRANT FUNDS, IN AN AMOUNT NOT TO EXCEED $426,800, TO BE OFFERED THROUGH THE REQUEST FOR PROPOSALS PROCESS IN ACCORDANCE WITH THE CODE OF FEDERAL REGULATIONS TITLE 24 PART 576 FOR ELIGIBLE GRANT ACTIVITIES, PLUS THE AMOUNT OF $13,200 FOR GRANT RELATED ADMINISTRATIVE COSTS, FOR A TOTAL AMOUNT NOT TO EXCEED $440,000, FOR FISCAL YEAR 2003-2004. PAGE 44 MARCH 27, 2003 R-03-278 (MODIFIED) MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: WINTON R-03-280 MOVED: SANCBEZ SECONDED:GONZALEZ ABSENT: WINTON PUBLIC HEARING ITEMS CONT'D 17. RESOLUTION - (J-03-229) - (DIRECTING THE ALLOCATION OF 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS) DIRECTING THE ALLOCATION OF 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE AMOUNT OF $10,140,000, AND PROGRAM INCOME FUNDS, IN THE AMOUNT OF $1,000,000, TO SUPPORT CITY MUNICIPAL SERVICES AND UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT RELATED ACTIVITIES AS SPECIFIED HEREIN FOR THE 29TH PROGRAM YEAR BEGINNING OCTOBER 1, 2003, SUBJECT TO APPLICABLE CITY CODE PROVISIONS. 17A. RESOLUTION - (J-03-188) - (AMENDING RESOLUTION NO. 99-204) AMENDING RESOLUTION NO. 99-204, ADOPTED MARCH 23, 1999, THAT APPOINTED THE CITY'S HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM ADMINISTRATOR TO SERVE AS A VOTING MEMBER OF THE MIAMI-DADE HIV/AIDS PARTNERSHIP AND THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT OR DESIGNEE TO SERVE AS AN ALTERNATE MEMBER, BY CHANGING SAID APPOINTMENTS TO DESIGNATE THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT, OR DESIGNEE, TO SERVE AS A VOTING MEMBER OF THE PARTNERSHIP AND AN ASSISTANT DIRECTOR OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT TO SERVE AS AN ALTERNATE MEMBER. PAGE 45 MARCH 27, 2003 R-03-281 MOVED: GONZALEZ SECONDED: SANCHEZ ABSENT: WINTON,REGALADO R-03-282 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: REGALADO,WINTON PUBLIC HEARING ITEMS CONT'D 17B. RESOLUTION - (J-03-210) - (CERTIFYING THAT THE REHABITILITATION OF THE LITTLE HAITI COMMUNITY CENTER) CERTIFYING THAT THE REHABILITATION OF THE LITTLE HAITI COMMUNITY CENTER LOCATED AT 181 NORTHEAST 82nd STREET, MIAMI, FLORIDA, AND THE CONSTRUCTION OF A NEW 16 -UNIT AFFORDABLE RENTAL HOUSING PROJECT LOCATED AT 6601 NORTHEAST MIAMI PLACE, MIAMI, FLORIDA, LOCATED IN THE LITTLE HAITI NEIGHBORHOOD, AS COMPLETED AND AS PROPOSED TO BE DEVELOPED, RESPECTIVELY, BY THE LITTLE HAITI HOUSING ASSOCIATION, INC. ARE CONSISTENT WITH THE FIVE- YEAR CONSOLIDATED PLAN (1999-2004); FURTHER DIRECTING THE CITY MANAGER TO TRANSMIT A COPY OF THIS RESOLUTION TO THE STATE OF FLORIDA OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT. PAGE 46 MARCH 27, 2003 R-03-283 MOVED: GONZALEZ SECONDED: SANCHEZ ABSENT: WINTON,REGALADO 18. ORDINANCES -EMERGENCY EMERGENCY ORDINANCE - (J-03-219) (4/5TNS VOTE) (Note: This item is being presented as an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety and property of the City of Miami, and upon further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies and to generally carry on the functions and duties of municipal affairs) AMENDING ORDINANCE NO. 12280, THE CAPITAL PROJECTS APPROPRIATIONS ORDINANCE, TO ESTABLISH NEW CAPITAL PROJECT NO. 333138 ENTITLED "FERN ISLE CLEANUP AND RENOVATION" AND APPROPRIATE $580,000 FROM UNALLOCATED HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND FUNDS FOR SAID PROJECT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. PAGE 47 MARCH 27, 2003 ORDINANCE #12348 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: WINTON 19. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SPECIFIC COST AGREEMENT WITH BND ENGINEERS, INC.) AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SPECIFIC COST AGREEMENT WITH BND ENGINEERS, INC., PROFESSIONAL CONSULTANTS ON THE PRE -APPROVED LIST OF THE DEPARTMENT OF CAPITAL IMPROVEMENTS, APPROVED BY RESOLUTION NO. 02-144, FOR THE DESIGN DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS, CONSTRUCTION ADMINISTRATION AND POST -CONSTRUCTION ADMINISTRATION CONSULTING SERVICES RELATED TO THE FERN ISLE CLEANUP PROJECT, AT SPECIFIC COSTS TO BE DETERMINED BY (1) THE SCOPE OF SERVICES REQUIRED FOR SAID PROJECT, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH BND ENGINEERS INC. EXECUTED PURSUANT TO RESOLUTION NO. 02-144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AND ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $580,000 FOR SERVICES AND EXPENSES INCURRED BY THE CITY, FROM CAPITAL IMPROVEMENT PROJECT NO. 333138 ENTITLED "FERN ISLE CLEANUP AND RENOVATION". PAGE 48 MARCH 27, 2003 R-03-302 MOVED: SANC]HEZ SECONDED: GONZALEZ ABSENT: WINTON ORDINANCES —SECOND READING NOTE: Any proposed ordinance listed as an item for second reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. 20. SECOND READING ORDINANCE - (J-02-1027) AMENDING CHAPTER 18, ARTICLE III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PURCHASING AND CONTRACTS GENERALLY," THE CITY OF MIAMI PROCUREMENT ORDINANCE, TO PROVIDE THAT THE CITY MANAGER MAY AWARD CERTAIN PROFESSIONAL CONTRACTS, SUBJECT TO APPLICABLE REQUIREMENTS, UNDER THE CONSULTANTS' COMPETITIVE NEGOTIATION ACT ("CCNA") WHICH DO NOT EXCEED $500,000 IN VALUE MORE PARTICULARLY BY AMENDING SECTION 18-87 OF THE CODE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO ALL DIRECTORS AND AGENCIES HEREIN DESIGNATED; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. DATE OF FIRST READING FEBRUARY 13, 2003 MOVED COMMISSIONER GONZALEZ SECONDED COMMISSIONER SANCHEZ ABSENT VICE CHAIRMAN TEELE COMMISSIONER REGALADO PAGE 49 MARCH 27, 2003 ORDINANCE #12349 MOVED: SANC]HEZ SECONDED: GONZALEZ ABSENT: WINTON 21. ORDINANCES -SECOND READING CONT'D SECOND READING ORDINANCE - (J-03-146) ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "WEAPONS OF MASS DESTRUCTION ADMINISTRATIVE PREPAREDNESS/FEMA GRANT AWARD (FY 2002)" FOR THE OPERATION OF SAME IN THE AMOUNT OF $740,000 CONSISTING OF A GRANT ALLOCATED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR THE PERIOD BEGINNING JANUARY 10, 2003 THROUGH JANUARY 9, 2004 TO PURCHASE SPECIALIZED EQUIPMENT, STORAGE AND MAINTENANCE, TRAINING, MANAGEMENT, AND ADMINISTRATION OF THE SOUTH FLORIDA URBAN SEARCH AND RESCUE TASK FORCE WEAPONS OF MASS DESTRUCTION PREPAREDNESS PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD FROM FEMA AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF THE GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. DATE OF FIRST READING FEBRUARY 27, 2003 MOVED COMMISSIONER GONZALEZ SECONDED COMMISSIONER REGALADO VOTE : UNANIMOUS PAGE 50 MARCH 27, 2003 ORDINANCE # 123 5 0 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: WINTON 22. 23. ORDINANCES -SECOND READING CONT'D SECOND READING ORDINANCE - (J-03-181) AMENDING CHAPTER 2, ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, DEPARTMENTS," BY REPEALING, IN ITS ENTIRETY, DIVISION 13 ENTITLED "DEPARTMENT OF INTERNAL AUDIT AND REVIEWS," CONSISTING OF SECTIONS 2-526 THROUGH 2-532, AND SUBSTITUTING IN LIEU THEREOF A NEW DIVISION 13, ENTITLED "OFFICE OF INDEPENDENT AUDITOR GENERAL," CONSISTING OF NEW CODE SECTIONS 2- 526 THROUGH 2-531, TO ESTABLISH THE RESPONSIBILITIES AND OPERATING PROCEDURES OF THE IAG, TO PROVIDE FOR APPOINTMENT AND QUALIFICATIONS, DUTIES AND POWERS, STAFFING, AND SPECIAL ASSIGNMENTS RELATED TO THE IAG, GRANTING THE MAYOR AND CITY MANAGER THE AUTHORITY TO REQUEST THE IAG TO PERFORM AUDITS; PROVIDING THAT THE PROVISIONS CONTAINED IN THIS ORDINANCE SHALL BECOME OPERATIVE SIMULTANEOUSLY UPON THE APPOINTMENT OF THE INDEPENDENT AUDITOR GENERAL ("IAG"); CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. DATE OF FIRST READING FEBRUARY 27, 2003 MOVED COMMISSIONER GONZALEZ SECONDED COMMISSIONER REGALADO VOTE UNANIMOUS RESOLUTION - (J-03-) - (APPOINTING VICTOR IGWE AS THE INDEPENDENT AUDITOR GENERAL) APPOINTING VICTOR I. IGWE AS THE INDEPENDENT AUDITOR GENERAL OF THE CITY OF MIAMI, FLORIDA, FOR A FOUR YEAR PERIOD COMMENCING , 2003. PAGE 51 MARCH 27, 2003 DEFERRED TO 4-10-03 9:10 AM DEFERRED TO 4-10-03 9:10 AM ORDINANCES — FIRST READING NOTE: Any proposed ordinance listed as an item for first reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. 24. WITHDRAWN 25. FIRST READING ORDINANCE - (J-03-) AMENDING SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, ENTITLED: "ORDER OF BUSINESS AND RULES OF PROCEDURE" TO PROVIDE THAT IF THE ENGAGEMENT OF AN EXECUTIVE DIRECTOR, REGARDLESS OF TITLE, OF ANY BOARD AS DEFINED IN SECTION 2-882 OF THE CITY CODE, IS REQUIRED TO BE APPROVED, RATIFIED, OR CONFIRMED BY THE CITY COMMISSION, THE INDIVIDUAL ENGAGED BY A BOARD SHALL MEET WITH EACH MEMBER OF THE CITY COMMISSION PRIOR TO SUCH APPROVAL, RATIFICATION OR CONFIRMATION, AND THE CITY CLERK SHALL ASSURE THAT SUCH MEETINGS BETWEEN THE INDIVIDUAL AND THE MEMBERS OF THE CITY COMMISSION HAVE BEEN SCHEDULED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. PAGE 52 MARCH 27, 2003 FIRST READING ORDINANCE MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: WINTON 26. ORDINANCES - FIRST READING CONT'D FIRST READING ORDINANCE - (J-03-) AMENDING CHAPTER 54/ARTICLES IX OF THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/COCONUT GROVE SPECIAL EVENTS DISTRICT", TO INCREASE THE NUMBER OF MEMBERS ON THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FROM NINE TO TEN MEMBERS TO PROVIDE FOR THE INCLUSION OF A REPRESENTATIVE OF THE COCONUT GROVE CHAMBER OF COMMERCE AS A MEMBER OF THE COMMITTEE; MORE PARTICULARLY BY AMENDING SECTION 54-342; CONTAINING A REPEALER PROVISION; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. PAGE 53 MARCH 27, 2003 DEFERRED FOR 60 DAYS BY MOTION -03-303 MOVED: REGALADO SECONDED: SANCBEZ ABSENT: WINTON 27. FIRST READING ORDINANCE - (J -03-)I FIRST READING AMENDING CHAPTER 18, ARTICLE IX/DIVISION 2 OF ORDINANCE THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCIAL INTEGRITY PRINCIPLES" TO REVISE THE DUE DATES FOR THE MULTI-YEAR FINANCIAL PLAN AND THE MULTI-YEAR CAPITAL IMPROVEMENT PLAN; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (MODIFIED) MOVED: SANCBEZ SECONDED: GONZALEZ ABSENT: REGALADO,WINTON 28. 29. ORDINANCES - FIRST READING CONT'D FIRST READING ORDINANCE - (J-03-001) AMENDING CHAPTER 18/ARTICLE III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," TO CLARIFY THE SCOPE AND APPLICATION OF THE PROCUREMENT ORDINANCE, ADD DEFINITIONS, AND PROVIDE FOR THE EXEMPTION OF THE PROVISIONS OF THE PROCUREMENT ORDINANCE AND THE CONE OF SILENCE FOR THE COMMUNITY REDEVELOPMENT AGENCIES; MORE PARTICULARLY BY AMENDING SECTIONS 18-72 AND 18-73 OF SAID CODE, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. FIRST READING ORDINANCE - (J-03-) AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF SIX (6) GRANTS IN THE TOTAL AMOUNT OF $785,065 FROM MIAMI-DADE COUNTY AS DESIGNATED HEREIN UNDER THE SAFE NEIGHBORHOOD PARK BOND PROGRAM DISCRETIONARY INTEREST EARNINGS FUNDING PROJECTS 2002 PROCEEDS; AND $92,345 FROM THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) FOR IMPROVEMENTS TO LEMON CITY PARK WITH MATCHING FUNDS IN THE SAME AMOUNT FROM THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANTS; FURTHER PURSUANT TO THE PROVISIONS OF THE SAFE NEIGHBORHOOD PARKS ORDINANCE AUTHORIZING THE PAYMENT OF (1) SUPPLEMENTAL FUNDS REQUIRED TO COMPLETE SAID PROJECTS IF THE COSTS OF SAID PROJECTS EXCEED THE GRANT ALLOCATION; AND (2) FUNDS TO OPERATE, MAINTAIN AND PROVIDE PROGRAMMING AT EACH PROJECT UPON ITS COMPLETION. PAGE 54 MARCH 27, 2003 FIRST READING ORDINANCE MOVED: GONZALEZ SECONDED: SANCHEZ ABSENT: REGALADO,WINTON FIRST READING ORDINANCE MOVED: GONZALEZ SECONDED: SANCHEZ ABSENT: WINTON AEGALADO PAGE 55 MARCH 27, 2003 RESOLUTIONS DEPARTMENT OF COMMUNITY DEVELOPMENT 30. WITHDRAWN DEPARTMENT OF ECONOMIC DEVELOPMENT 31. RESOLUTION - (J-03-) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY) (4/5TNS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF ENVIRONMENTAL ASSESSMENT AND REMEDIATION SERVICES FROM EVANS ENVIRONMENTAL AND GEOSCIENCES, INC. (NON-MINORITYT/NON-LOCAL VENDOR, 14505 COMMERCE WAY, SUITE 400, MIAMI LAKES, FLORIDA) FOR THE DEPARTMENT OF ECONOMIC DEVELOPMENT, INCREASING THE CONTRACT, IN AN AMOUNT NOT TO EXCEED $52,000, FROM $250,000 TO $302,000; ALLOCATING FUNDS FROM NON -DEPARTMENTAL ACCOUNTS, ACCOUNT CODE NO. 001000.921002.6.830. PAGE 56 MARCH 27, 2003 R-03-304 MOVED: GONZALEZ SECONDED: REGALADO ABSENT: WINTON RESOLUTIONS DEPARTMENT OF PARKS AND RECREATION 32. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO ACCEPT A PROPOSAL FROM FALCON AND BUENO) AUTHORIZING THE CITY MANAGER TO ACCEPT A PROPOSAL FROM FALCON AND BUENO FOR THE DEVELOPMENT OF A PARKS SYSTEM MASTER PLAN TO INCLUDE PARKS PHYSICAL CONDITIONS, RECREATION PROGRAMMING, OPERATIONS AND MAINTENANCE ANALYSIS, PARK DESIGN GUIDELINES, AND OTHER ELEMENTS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH FALCON AND BUENO FOR SUCH SERVICES; FURTHER ALLOCATING FUNDS FROM THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND CAPITAL IMPROVEMENT PROJECT NO. 331419, IN A TOTAL AMOUNT NOT TO EXCEED $500,000 AND $35,000 FROM THE PARKS FUND BALANCE ROLLOVER IN SPECIAL REVENUE FUND, TO BE REIMBURSED FROM FUTURE HOMELAND DEFENSE BOND PROCEEDS, FOR A TOTAL AMOUNT OF $535,000 FOR SAID SERVICES AND OTHER RELATED EXPENSES. OFFICE OF THE CITY MANAGER 33. RESOLUTION - (J-03-) - (RESCINDING RESOLUTION NO. 01-637 AND RESOLUTION NO. 02- 547) RESCINDING RESOLUTION NO. 01-637 AND RESOLUTION NO. 02-547 AND CONFIRMING THE CITY MANAGER'S NOMINATION OF CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE MODEL CITY HOMEOWNERSHIP TRUST. PAGE 57 MARCH 27, 2003 MOVED: SANCHEZ SECONDED: REGALADO NAYS: TEELE ABSENT: WINTON VOTE WITHDRAWN DEFERRED BY MOTION -03-284 MOVED: REGALADO SECONDED: SANCHEZ ABSENT: WINTON, GONZALEZ RECONSIDERED BY MOTION -03-285 MOVED: TEELE SECONDED: SANCHEZ ABSENT: WINTON R-03-286 (MODIFIED) MOVED: TEELE SECONDED: GONZALEZ ABSENT: WINTON 34. 35. BOARDS AND COMMITTEES RESOLUTION - (APPOINTING AN INDIVIDUAL) APPOINTING AN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: COMMISSIONER SANCHEZ RESOLUTION - (APPOINTING CERTAIN INDIVIDUALS) APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Milagros Loyal COMMISSIONER REGALADO James Keane VICE CHAIRMAN TEELE Deferred CHAIRMAN WINTON Charles McEwan COMMISSION AT -LARGE PAGE 58 MARCH 27, 2003 DEFERRED R-03-308 MOVED: TEELE SECONDED:GONZALEZ ABSENT: WINTON 36. 37. BOARDS AND COMMITTEES CONT'D RESOLUTION - (APPOINTING CERTAIN INDIVIDUALS) APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Helena Del Monte COMMISSIONER SANCHEZ Teresa Zorilla Clark COMMISSIONER SANCHEZ RESOLUTION - (APPOINTING CERTAIN INDIVIDUALS) APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. A 00n1r,ITCCC- Fred Jackson Deferred Deferred NOMINATED BY: COMMISSIONER SANCHEZ CHAIRMAN WINTON MAYOR DIAZ PAGE 59 MARCH 27, 2003 R-03-309 MOVED: SANC]HEZ SECONDED: GONZALEZ ABSENT: WINTON R-03-310 MOVED: SANC]HEZ SECONDED: GONZALEZ ABSENT: WINTON 38. 39. BOARDS AND COMMITTEES CONT'D RESOLUTION - (APPOINTING CERTAIN INDIVIDUALS) APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Lourdes Blanco COMMISSIONER SANCHEZ Deferred MAYOR DIAZ RESOLUTION - (APPOINTING CERTAIN INDIVIDUALS) APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Alan Morley COMMISSIONER REGALADO John Jones COMMISSIONER REGALADO Deferred VICE CHAIRMAN TEELE Deferred VICE CHAIRMAN TEELE Deferred CHAIRMAN WINTON Deferred CHAIRMAN WINTON Raul Dominguez COMMISSIONER SANCHEZ Sam Mason COMMISSIONER SANCHEZ MARIA V. BAO AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME LOCAL 1907) HENRY S. HARRISON MIAMI ASSOCIATION OF FIRE FIGHTERS PAGE 60 MARCH 27, 2003 R-03-311 MOVED: SANC]HEZ SECONDED: GONZALEZ ABSENT: WINTON R-03-315 (MODIFIED) MOVED: REGALADO SECONDED: GONZALEZ ABSENT: WINTON 40. 41. BOARDS AND COMMITTEES CONT'D RESOLUTION - (APPOINTING CERTAIN INDIVIDUALS) APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE SISTER CITIES COORDINATING COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: VICE CHAIRMAN TEELE CHAIRMAN WINTON RESOLUTION - (APPOINTING CERTAIN INDIVIDUALS) APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Angel Gonzalez COMM ISSIONER/CHAIRPERSON Deferred Deferred Deferred Max Cruz Deferred Deferred NOMINATED BY: COMMISSION AT- LARGE VICE CHAIRMAN TEELE CHAIRMAN WINTON CHAIRMAN WINTON COMMISSIONER REGALADO MAYOR DIAZ MAYOR DIAZ PAGE 61 MARCH 27, 2003 DEFERRED R-03-317 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: WINTON 42. 43. BOARDS AND COMMITTEES CONT'D RESOLUTION - (APPOINTING CERTAIN INDIVIDUALS) APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Denis Rod COMMISSIONER REGALADO Deferred COMMISSIONER REGALADO Deferred VICE CHAIRMAN TEELE RESOLUTION - (APPOINTING CERTAIN INDIVIDUALS) APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE ZONING BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Angel Urquiola Charles Garavaglia Charles Flowers George Williams NOMINATED BY: COMMISSIONER REGALADO COMMISSIONER REGALADO VICE CHAIRMAN TEELE VICE CHAIRMAN TEELE PAGE 62 MARCH 27, 2003 R-03-307 MOVED: REGALADO SECONDED: SANCBEZ ABSENT: WINTON R-03-319 MOVED: TEELE SECONDED: GONZALEZ ABSENT: WINTON PAGE 63 MARCH 27, 2003 DISCUSSION ITEMS NOTE: Legislation may result from City Commission consideration of any Commission Discussion item. This portion of the agenda is separately designated as being available for the purpose of providing and securing City Commission information, direction, and guidance in significant pending and concluded matters, including matters not specifically set forth in this section. It is anticipated that no input from anyone other than the City personnel is needed or expected while the City Commission is considering any matter in this portion of the Agenda; accordingly, no member of the public may address the City Commission during this time. 44. DISCUSSION CONCERNING A FINANCIAL UPDATE ANDI NOT TAKEN UP BUDGET OUTLOOK. The Following Items Shall Not Be Considered Before 3:00 pm ITEM PZ I RESOLUTION — {J-02-490 (a) & J-02-490 (b)} REQUEST: Appeal of a Zoning Board Decision of an Appeal of a Class II Special Permit LOCATION: Approximately 401 Biscayne Boulevard APPLICANT(S): City of Miami, Owner City of Miami, Lessee Raceworks, LLC APPLICANT(S) AGENT: N/A. APPELLANT(S): Homestead Miami Speedway, LLC APPELLANT(S) AGENT: Andre J. Zamorano, Esquire Jorge Luis Lopez, Esquire Gabriel E. Nieto, Esquire Juan Carlos Antorcha, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial of the appeal, approval of the Class II Special Permit. PUBLIC WORKS DEPARTMENT: No comments. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: Denied the appeal on April 22, 2002 by a vote of 7-2. Denied the reconsideration from the City Commission on February 24, 2003 by a vote of 8-0. PETITION: PURPOSE: This will allow permanent road improvements in Bayfront Park in association with a temporary event. NOTES: Remanded to the Zoning Board on September 26, 2002. PAGE 64 MARCH 27, 2003 APPEAL DENIED R-03-292 MOVED: SANCHEZ SECONDED: REGALADO ABSENT: WINTON ITEM PZ 2 REQUEST: LOCATION: APPLICANT(S): APPLICANT(S) AGENT: APPELLANT(S): APPELLANT(S) AGENT: FINDINGS: RESOLUTION — {J-03-224 (a) & J-03-224 (b)} Appeal of a Historic and Environmental Preservation Board Decision Approximately 95 NE 47th Street Guillermo and Jane Herrera, Owners N/A. Kenneth Merker N/A. PLANNING AND ZONING DEPARTMENT: Recommended denial of appeal. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Approved the Certificate of Appropriateness on January 21, 2003 by a vote of 9-0. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: N/A. PETITION: Appeal of a Historic and Environmental Preservation Board decision, which approved a Certificate of Appropriateness, after -the -fact, for the enclosure of a former garage door and paving. PURPOSE: This will allow an approval of a garage door closure and paving within an existing structure in the Buena Vista Historic District. PAGE 65 MARCH 27, 2003 APPEAL DENIED R-03-293 MOVED: TEELE SECONDED: SANCHEZ ABSENT: WINTON ITEM PZ 3 RESOLUTION — {J-03-226 (a), J-03-226 (b) & J-03-226 (c)} REQUEST: Appeals of a Historic and Environmental Preservation Board Decision LOCATION: Approximately 2745-2833 Coconut Avenue APPLICANT(S): Michael A. Luis, Owner APPLICANT(S) AGENT: N/A. APPELLANT(S): Sandy Karlan and Joe Lupo, Adjacent Property Owner and James G. McMaster, President of The Grove Tree -Man Trust APPELLANT(S) AGENT: W. Tucker Gibbs, Esquire for Sandy Karlan and Joe Lupo FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial of appeals and approval with conditions of the NET Office decision. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Denied appeals of a decision of the NET Office on January 21, 2003 due to a tie vote of 3- 3. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: N/A. PETITION: Appeals of a Historic and Environmental Preservation Board decision, which denied appeals of a decision of the NET Office, which approved a tree removal/tree relocation permit in conjunction with the construction of a multi -family project. PURPOSE: This will allow a tree removal to accommodate a new development. PAGE 66 MARCH 27, 2003 APPEAL DENIED R-03-294 (MODIFIED) MOVED: GONZALEZ SECONDED: REGALADO ABSENT: WINTON ITEM PZ 4 RESOLUTION - (J-02-1007 REQUEST: Closing, Vacating, Abandoning and Discontinuing a Portion of a Public Right -of -Way LOCATION: Portion of an Alley Between NE 2nd Avenue and Biscayne Boulevard North of NE 20th Terrace APPLICANT(S): Norman & Irma Braman, Owners APPLICANT(S) AGENT: Tony Recio, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: Recommended denial on November 4, 2002 to the City Commission by a vote of 7-2. PETITION: Closing, vacating, abandoning and discontinuing for public use a portion of a public right-of-way. PURPOSE: This will allow a unified commercial development site. NOTES: Continued from City Commission of December 12, 2002, January 23, 2003 and February 27, 2003. PAGE 67 MARCH 27, 2003 WITHDRAWN MOTION -03-291 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: WINTON ITEM PZ 5 SECOND READING ORDINANCE - (J-03-079) REQUEST: To Amend Ordinance No. 10544, from "Industrial' to "Restricted Commercial' to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 615 SW 2nd Avenue APPLICANT(S): William O. and Marjorie Brickell, Trustees and Riverfront Village LLC (Contract Purchaser) APPLICANT(S) AGENT: APPELLANT(S) APPELLANT(S) AGENT: FINDINGS: Gilberto Pastoriza, Esquire N/A. N/A. PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval on December 18, 2002 to the City Commission by a vote of 5-0. ZONING BOARD: See companion Item PZ 6. PETITION: PURPOSE: This will allow a land use change to Restricted Commercial along the Miami River. NOTES: Passed First Reading on February 27, 2003. Moved by: Gonzalez, Seconded by: Teele, Absent: Regalado. PAGE 68 MARCH 27, 2003 ORDINANCE #12334 MOVED: GONZALEZ SECONDED: REGALADO ABSENT: WINTON ITEM PZ 6 SECOND READING ORDINANCE — (J-03-130) REQUEST: To Amend Ordinance No. 11000, from SD -4 Waterfront Industrial District to SD -7 Central Brickell Rapid Transit Commercial -Residential Districts to Change the Zoning Atlas LOCATION: Approximately 615 SW 2nd Avenue APPLICANT(S): William O. and Marjorie Brickell, Trustees and Riverfront Village LLC (Contract Purchaser) APPLICANT(S) AGENT: APPELLANT(S) APPELLANT(S) AGENT: FINDINGS: Gilberto Pastoriza, Esquire N/A. N/A. PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: See companion Item PZ 5. ZONING BOARD: Recommended approval on January 27, 2003 to the City Commission by a vote of 8-0. PETITION: PURPOSE: This will allow a zoning change to SD -7 Central Brickell Rapid Transit Commercial -Residential District along the Miami River. NOTES: Passed First Reading on February 27, 2003. Moved by: Gonzalez, Seconded by: Sanchez, Unanimous. PAGE 69 MARCH 27, 2003 ORDINANCE 412335 MOVED: GONZALEZ SECONDED: REGALADO ABSENT: WINTON,REGALADO ITEM PZ 7 SECOND READING ORDINANCE - (J-03-071) REQUEST: To Amend Ordinance No. 10544, from "Single Family Residential' to "Duplex Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 2407 SW 6th Street APPLICANT(S): Mesi, Inc APPLICANT(S) AGENT: Ana Maria Garcia, Owner APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval on December 18, 2002 to the City Commission by a vote of 6-1. ZONING BOARD: See companion Item PZ 8. PETITION: PURPOSE: This will provide a logical extension of the duplex residential category in the block. NOTES: Passed First Reading on February 27, 2003. Moved by: Sanchez, Seconded by: Gonzalez, Absent: Winton. PAGE 70 MARCH 27, 2003 ORDINANCE #12336 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: WINTON ITEM PZ 8 SECOND READING ORDINANCE — (J-03-131) REQUEST: To Amend Ordinance No. 11000, from R-1 Single Family Residential to R-2 Two -Family Residential to Change the Zoning Atlas LOCATION: Approximately 2407 SW 6th Street APPLICANT(S): Mesi, Inc APPLICANT(S) AGENT: Ana Maria Garcia, Owner APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: See companion Item PZ 7. ZONING BOARD: Recommended approval on January 27, 2003 to the City Commission by a vote of 7-1. PETITION: PURPOSE: This will allow a zoning change to Two -Family Residential at the above address. NOTES: Passed First Reading on February 27, 2003. Moved by: Sanchez, Seconded by: Gonzalez, Absent: Winton. PAGE 71 MARCH 27, 2003 ORDINANCE 412337 MOVED: GONZALEZ SECONDED: SANCHEZ ABSENT: WINTON, GONZALEZ ITEM PZ 9 SECOND READING ORDINANCE - (J-02-968) REQUEST: To Amend Ordinance No. 10544, from "Single Family Residential' to "Restricted Commercial" to Change the Future Land Use Designation of the Comprehensive Neighborhood Plan LOCATION: Approximately 2264 SW 7th Street APPLICANT(S): Diego Duran and Ana Quintero, Owners APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended denial on October 16, 2002 due to failure to obtain the required five favorable votes to the City Commission by a vote of 4-2. ZONING BOARD: See companion Item PZ 10. PETITION: PURPOSE: This will allow a land use change to Restricted Commercial at the above address. NOTES: Passed First Reading on February 27, 2003. Moved by: Teele, Seconded by: Gonzalez, Unanimous. PAGE 72 MARCH 27, 2003 CONTINUED TO 4-24-03 BY MOTION -03-295 MOVED: SANCHEZ SECONDED: REGALADO ABSENT: WINTON, GONZALEZ ITEM PZ 10 SECOND READING ORDINANCE — (J-03-129) REQUEST: To Amend Ordinance No. 11000, from R-1 Single Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 2264 SW 7th Street APPLICANT(S): Diego Duran and Ana Quintero, Owners APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: See companion Item PZ 9. ZONING BOARD: Recommended approval on January 27, 2003 to the City Commission by a vote of 5-0. PETITION: PURPOSE: This will allow a zoning change to Restricted Commercial at the above address. NOTES: Passed First Reading on February 27, 2003. Moved by: Gonzalez, Seconded by: Teele, Unanimous. PAGE 73 MARCH 27, 2003 CONTINUED TO 4-24-03 BY MOTION -03-295 MOVED: SANCHEZ SECONDED: REGALADO ABSENT: WINTON, GONZALEZ ITEM PZ 11 SECOND READING ORDINANCE - (J-03-139) REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential' to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3221 SW 23rd Street APPLICANT(S): Shamrock at the Gables, LLC APPLICANT(S) AGENT: Vicky Garcia -Toledo APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended denial on December 18, 2002 due to failure to obtain the required five favorable votes to the City Commission by a vote of 4-2. ZONING BOARD: See companion Item PZ 12. PETITION: PURPOSE: This will allow a land use change to Restricted Commercial at the above address. NOTES: Passed First Reading on February 27, 2003. Moved by: Regalado, Seconded by: Teele, Unanimous. PAGE 74 MARCH 27, 2003 ORDINANCE 412338 MOVED: REGALADO SECONDED: SANCHEZ ABSENT: WINTON, GONZALEZ ITEM PZ 12 SECOND READING ORDINANCE — (J-03-132) REQUEST: To Amend Ordinance No. 11000, from R-2 Two Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 3221 SW 23rd Street APPLICANT(S): Shamrock at the Gables, LLC APPLICANT(S) AGENT: Vicky Garcia -Toledo APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: See companion Item PZ 11. ZONING BOARD: Recommended denial on January 27, 2003 to the City Commission by a vote of 8-0. PETITION: PURPOSE: This will allow a zoning change to Restricted Commercial at the above address. NOTES: Passed First Reading on February 27, 2003. Moved by: Regalado, Seconded by: Gonzalez, Unanimous. PAGE 75 MARCH 27, 2003 ORDINANCE 412339 MOVED: REGALADO SECONDED: SANCHEZ ABSENT: WINTON, GONZALEZ ITEM PZ 13 SECOND READING ORDINANCE - (J-02-549) REQUEST: To Amend Ordinance 10544, from "Industrial' to "Restricted Commercial' to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 610 SW I" Avenue APPLICANT(S): Planning and Zoning Department APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval on May 15, 2002 to the City Commission by a vote of 7-0. This is a companion item to PZ 14. ZONING BOARD: N/A. REQUEST: Consideration of amending Ordinance 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan by changing the land use designation from "Industrial' to "Restricted Commercial'. PURPOSE: This will allow a clean up and update to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan. NOTES: Passed First Reading on October 10, 2002. Moved by: Winton, Seconded bv: GonzAlez_ Absent: Sanchez. PAGE 76 MARCH 27, 2003 ORDINANCE 412340 MOVED: SANCHEZ SECONDED: REGALADO ABSENT: WINTON, GONZALEZ ITEM PZ 14 SECOND READING ORDINANCE - (J-02-550) REQUEST: To Amend Ordinance 11000, from SD -4 "Waterfront Industrial District" to SD -7 "Central Brickell Rapid Transit Commercial -Residential District" to Change the Zoning Atlas LOCATION: Approximately 610 SW I" Avenue APPLICANT(S): Planning and Zoning Department APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval on May 15, 2002 to the City Commission by a vote of 7-0. This is a companion item to PZ 13. ZONING BOARD: N/A. REQUEST: Consideration of amending page no. 36 of the Zoning Atlas of Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, by changing the zoning classification from (SD -4) "Waterfront Industrial District" to (SD -7) "Central Brickell Rapid Transit Commercial - Residential District". PURPOSE: This will allow a clean up and update to the Zoning Atlas of the City of Miami. NOTES: Passed First Reading on October 10, 2002. Moved by: Winton, Seconded by: Gonzalez, Absent: Sanchez. PAGE 77 MARCH 27, 2003 ORDINANCE 412341 MOVED: SANCHEZ SECONDED: REGALADO ABSENT: WINTON, GONZALEZ ITEM PZ 15 SECOND READING ORDINANCE - (J-03-067) REQUEST: To Amend Ordinance No. 10544, from "Recreation" to "Single Family Residential' to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 281 NE 84th Street APPLICANT(S): Planning and Zoning Department APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval on December 18, 2002 to the City Commission by a vote of 6-0. This is a companion to Item PZ 16. ZONING BOARD: N/A. PETITION: PURPOSE: This will allow a single family residence with matching land use of Single Family Residential. NOTES: Passed First Reading on February 27, 2003. Moved by: Gonzalez, Seconded by: Sanchez, Unanimous. PAGE 78 MARCH 27, 2003 ORDINANCE 412342 MOVED: SANCHEZ SECONDED: REGALADO ABSENT: WINTON, GONZALEZ ITEM PZ 16 SECOND READING ORDINANCE - (J-03-068) REQUEST: To Amend Ordinance No. 11000, from PR Parks and Recreation to R- 1 Single Family Residential to Change the Zoning Atlas LOCATION: Approximately 281 NE 84th Street APPLICANT(S): Planning and Zoning Department APPLICANT(S) AGENT: N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval on December 18, 2002 to the City Commission by a vote of 6-0. This is a companion to Item PZ 15. ZONING BOARD: N/A. PETITION: PURPOSE: This will allow a single family residence with matching zoning of Single Family Residential. NOTES: Passed First Reading on February 27, 2003. Moved by: Gonzalez, Seconded by: Regalado, Unanimous. PAGE 79 MARCH 27, 2003 ORDINANCE 412343 MOVED: SANCHEZ SECONDED: REGALADO ABSENT: WINTON, GONZALEZ ITEM PZ 17 SECOND READING ORDINANCE - (J-03-138) REQUEST: To Amend Ordinance No. 10544, from "Office" to "Restricted Commercial' to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 122, 130 and 132 SW 2nd Street, 201 SW 2nd Avenue, 251, 259 and 265 SW I" Court APPLICANT(S): Planning and Zoning Department APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval on January 15, 2003 to the City Commission by a vote of 5-0. See companion Item PZ 18. ZONING BOARD: N/A. PETITION: PURPOSE: This will allow a clean up and update to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan. NOTES: Passed First Reading on February 27, 2003. Moved by: Gonzalez, Seconded by: Sanchez, Unanimous. PAGE 80 MARCH 27, 2003 ORDINANCE 412344 MOVED: REGALADO SECONDED: SANCHEZ ABSENT: WINTON, GONZALEZ ITEM PZ 18 SECOND READING ORDINANCE - (J-03-137) REQUEST: To Amend Ordinance No. 11000, from O Office to SD -6 Central Commercial Residential District to Change the Zoning Atlas LOCATION: Approximately 122, 130 and 132 SW 2nd Street, 201 SW 2nd Avenue, 251, 259 and 265 SW I" Court APPLICANT(S): Planning and Zoning Department APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval on January 15, 2003 to the City Commission by a vote of 5-0. See companion Item PZ 17. ZONING BOARD: N/A. PETITION: PURPOSE: This will allow a clean up and update to the Zoning Atlas of the City of Miami. NOTES: Passed First Reading on February 27, 2003. Moved by: Gonzalez, Seconded by: Sanchez, Unanimous. PAGE 81 MARCH 27, 2003 ORDINANCE 412345 MOVED: SANCHEZ SECONDED: REGALADO ABSENT: WINTON ITEM PZ 19 SECOND READING ORDINANCE - (J-03-070) REQUEST: To Amend Ordinance No. 11000 Text LOCATION: N/A. APPLICANT(S): APPLICANT(S) AGENT: APPELLANT(S): APPELLANT(S) AGENT: FINDINGS: N/A. N/A. N/A. City Manager PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval on December 18, 2002 to the City Commission by a vote of 7-0. ZONING BOARD: N/A. PETITION: PURPOSE: This will modify and clarify provisions related to signage requirements. NOTES: Passed First Reading on January 23, 2003. Moved by: Sanchez, Seconded by: Teele, Unanimous. Continued from City Commission of February 27, 2003. PAGE 82 MARCH 27, 2003 WITHDRAWN BY MOTION -03-288 MOVED: SANCHEZ SECONDED: REGALADO ABSENT: GONZALEZ,WINTON ITEM PZ 20 SECOND READING ORDINANCE — (J-02-551) REQUEST: To Amend Ordinance 10544 Text LOCATION: N/A. APPLICANT(S): City Manager APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S): AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval to City Commission, vote of 7-0. ZONING BOARD: N/A. REQUEST: PURPOSE: This will create a new land use category entitled "Light Industrial". NOTES: Passed First Reading on September 26, 2002. Moved by: Winton, Seconded by: Gonzalez, Unanimous. PAGE 83 MARCH 27, 2003 ORDINANCE 412346 MOVED: GONZALEZ SECONDED: REGALADO ABSENT: WINTON ITEM PZ 21 SECOND READING ORDINANCE - (J-03-141) REQUEST: To Amend Ordinance No. 11000 Text LOCATION: N/A. APPLICANT(S): APPLICANT(S) AGENT: APPELLANT(S): APPELLANT(S) AGENT: FINDINGS: N/A. N/A. N/A. City Manager PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval on January 22, 2003 to the City Commission by a vote of 8-0. ZONING BOARD: N/A. PETITION: PURPOSE: This will amend applicable sections of the Zoning Ordinance related to the Affordable Housing Trust Fund in order to increase flexibility. NOTES: Passed First Reading on February 27, 2003. Moved by: Gonzalez, Seconded by: Sanchez, Unanimous. PAGE 84 MARCH 27, 2003 ORDINANCE 412347 MOVED: GONZALEZ SECONDED: SANCHEZ ABSENT: WINTON ITEM PZ 22 FIRST READING ORDINANCE - (J-02-969) REQUEST: To Amend Ordinance No. 10544, from "Medium Density Multifamily Residential' to "Restricted Commercial' to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 544 NE 78th Street APPLICANT(S): Simon Ferro, Esquire on behalf of NAGS, Corporation [Joan C. Brooks for Miami Group Health and Life Insurance (Former Owner)] APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended denial on October 16, 2002 to the City Commission by a vote of 5-2. ZONING BOARD: See companion Item PZ 23. PETITION: PURPOSE: This will allow a unified commercial development site. NOTES: Continued from the City Commission of December 12, 2002 and February 27, 2003. PAGE 85 MARCH 27, 2003 CONTINUED TO APRIL 24, 2003 BY MOTION -03-289 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: WINTON ITEM PZ 23 FIRST READING ORDINANCE — {J-02-1008 (a) & J-02-1008 (b)} REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium Density Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 544 NE 78th Street APPLICANT(S): Simon Ferro, Esquire on behalf of NAGS, Corporation [Joan C. Brooks for Miami Group Health and Life Insurance (Former Owner)] APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: See companion Item PZ 22. ZONING BOARD: Recommended denial on November 4, 2002 to the City Commission by a vote of 7-2. PETITION: PURPOSE: This will allow a unified commercial development site. NOTES: Continued from the City Commission of December 12, 2002 and February 27, 2003. PAGE 86 MARCH 27, 2003 CONTINUED TO APRIL 24, 2003 BY MOTION -03-289 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: WINTON ITEM PZ 24 FIRST READING ORDINANCE - (J-03-062) REQUEST: To Amend Ordinance No. 10544, from "Single Family Residential' and "General Commercial" to "Restricted Commercial' to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 536, 602, 608 and 690 NW 57th Avenue and 601, 605, 611, 631 and 641 NW 57th Court APPLICANT(S): Florida Union Land Corporation and Sime Corporation APPLICANT(S) AGENT: Ben Fernandez, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval with conditions* on November 20, 2002 to the City Commission by a vote of 6-2. ZONING BOARD: See companion Item PZ 25. *See supporting documentation. PETITION: PURPOSE: This will allow a unified commercial development site. NOTES: Denied First Reading on January 23, 2003. Reconsidered by motion 03- 151 on February 13, 2003. Moved by: Gonzalez, Seconded by: Sanchez, Unanimous. PAGE 87 MARCH 27, 2003 CONTINUED TO MAY 22, 2003 BY MOTION -03-296 MOVED: GONZALEZ SECONDED: SANCHEZ ABSENT: WINTON ITEM PZ 25 FIRST READING ORDINANCE — {J-03-043 (a) & J-03-043 (b)} REQUEST: To Amend Ordinance No. 11000, from C-2 Liberal Commercial and R- 1 Single -Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 536, 602, 608 and 690 NW 57th Avenue and 601, 605, 611, 631 and 641 NW 57th Court APPLICANT(S): Florida Union Land Corporation and Sime Corporation APPLICANT(S) AGENT: Ben Fernandez, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: See companion Item PZ 24. ZONING BOARD: Recommended denial on December 16, 2002 to the City Commission by a vote of 4-2. PETITION: PURPOSE: This will allow a unified commercial development site. NOTES: Denied First Reading on January 23, 2003. Reconsidered by motion 03- 151 on February 13, 2003. Moved by: Gonzalez, Seconded by: Sanchez, Unanimous. PAGE 88 MARCH 27, 2003 CONTINUED TO MAY 22, 2003 BY MOTION -03-296 MOVED: GONZALEZ SECONDED: SANCHEZ ABSENT: WINTON The Following Item(s) Shall Not Be Considered Before 6:00 pm ITEM PZ 26 FIRST READING ORDINANCE — (J-02-966) REQUEST: To Amend Ordinance No. 10544, from "Conservation" to "Recreation" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: APPLICANT(S): APPLICANT(S) AGENT: APPELLANT(S): APPELLANT(S) AGENT: FINDINGS: Approximately 1815-1825 NW South River Drive Parks and Recreation Department and Planning and Zoning Department City Manager N/A. N/A. PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended 2002 to the City Commission by a vote of 6-1. 27. ZONING BOARD: N/A. PETITION: PURPOSE: denial on October 16, See companion Item PZ This will modify a portion of the park land use in order to increase the flexibility of park users. NOTES: Continued from the City Commission of November 19, 2002, December 12, 2002, January 23, 2003 and February 27, 2003. PAGE 89 MARCH 27, 2003 CONTINUED TO APRIL 24, 2003 BY MOTION -03-290 MOVED: GONZALEZ SECONDED: SANCHEZ ABSENT: WINTON ITEM PZ 27 FIRST READING ORDINANCE — (J-02-967) REQUEST: To Amend Ordinance No. 11000, from CS Conservation to PR Parks and Recreation to Change the Zoning Atlas LOCATION: Southeast Portion of Sewell Park at Approximately 1815-1825 NW South River Drive APPLICANT(S): APPLICANT(S) AGENT: APPELLANT(S): APPELLANT(S) AGENT: FINDINGS: Parks and Recreation Department and Planning and Zoning Department City Manager N/A. N/A. PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended 2002 to the City Commission by a vote of 6-1. 26. ZONING BOARD: N/A. PETITION: PURPOSE: denial on October 16, See companion Item PZ This will modify a portion of the park zoning in order to increase the flexibility of park users. NOTES: Continued from the City Commission of November 19, 2002, December 12, 2002, January 23, 2003 and February 27, 2003. PAGE 90 MARCH 27, 2003 CONTINUED TO APRIL 24, 2003 BY MOTION -03-290 MOVED: GONZALEZ SECONDED: SANCHEZ ABSENT: WINTON PROTOCOL PROGRAM FOR COMMISSION MEETING Thursday, March 27, 2003 Agenda Items Name of Honoree Presenter Protocol Item The Miami Commission on the Status of Women Mayor Diaz and Commissioners Proclamation Margarita Rohaidy Delgado Commissioner Regalado Proclamation PROTOCOL PROGRAM FOR COMMISSION MEETING Thursday, March 27, 2003 ". Updated Agenda Morning Name of Honoree Women's History Month The Miami Commission on the Status of Women Margarita Rohaidy Delgado Raymond F. McElroy Afternoon Name of Honoree Carlos A. Gimenez is ORP rrATED C,0 F, Presenter Mayor Diaz and Commissioners Commissioner Regalado Commissioner Regalado Presenter Protocol Item Proclamation Proclamation Proclamation Protocol Item Mayor Diaz and Commissioners Commendation