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HomeMy WebLinkAboutCC 2003-07-24 Marked AgendaMEETING DATE: JULY 24. 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. PLANNING & ZONING 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 JULY 24, 2003 PART A: a•nn nnn PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES NON -PLANNING AND ZONING ITEMS — CONSENT AGENDA Item 1 which is comprised of items CA -1 through CA -11 may be heard in the numbered sequence or as announced by the Commission NON -PLANNING AND ZONING ITEMS CONT'D Items 2 through 3 may be heard in the numbered sequence or as announced by the Commission MAYOR AND COMMISSIONERS' ITEMS NON -PLANNING AND ZONING ITEMS CONT'D Items 4 through 45 may be heard in the numbered sequence or as announced by the Commission PART B: THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 3:00 P.M. PLANNING AND ZONING ITEMS PZ -1 THROUGH PZ -12 9:00 AM PAGE 3 JULY 24, 2003 INVOCATION AND PLEDGE OF ALLEGIANCE DELIVERED A. PRESENTATIONS & PROCLAMATIONS NAME OF HONOREE PRESENTER PROTOCOL ITEM 1. Presentation by Anthony Georges -Pierre, Mayor Diaz's office to: Miami -Kagoshima Sister Cities Student Exchange - Presented Aya Miura Chairman Winton Outstanding Visiting Student Ayaka Kimura Chairman Winton Outstanding Visiting Student Akane Sakasegawa Chairman Winton Outstanding Visiting Student Shiho Haruguchi Chairman Winton Outstanding Visiting Student Fumiya Shinohara Chairman Winton Outstanding Visiting Student Nana Yonemori Chairman Winton Outstanding Visiting Student Yuki Sonoda Chairman Winton Outstanding Visiting Student Koichi Nagasato Chairman Winton Outstanding Visiting Student Shuhei Kawano Chairman Winton Outstanding Visiting Student Motohiro Okada Chairman Winton Outstanding Visiting Student 2. Hosting Families for Miami -Kagoshima Sister Cities Student Exchange - Presented Jimmy and Rocio Roland Chairman Winton Certificate of Appreciation Wenceslao and Olga Fernandez Chairman Winton Certificate of Appreciation Kerry and Nancy Herndon Chairman Winton Certificate of Appreciation Jose and Ada Ugarte Chairman Winton Certificate of Appreciation Andre and Graciela Morejon Chairman Winton Certificate of Appreciation Kevin and Valerie Hurley Chairman Winton Certificate of Appreciation Toru and Elisa Nina Chairman Winton Certificate of Appreciation Grady and Yayoi Neale Chairman Winton Certificate of Appreciation Jeremy and Susan Hart Chairman Winton Certificate of Appreciation Dale and Nancy Quartin Chairman Winton Certificate of Appreciation Mr. And Mrs. Richard Goodman Chairman Winton Certificate of Appreciation 3. Marky's Caviar - Presented Chairman Winton Salute 4. "Chicken Busters" - Video Presented Pablo Canton Chairman Winton Certificate of Appreciation Bill Borges Chairman Winton Certificate of Appreciation Orlando del Valle Chairman Winton Certificate of Appreciation Chief Virgil Fernandez Chairman Winton Certificate of Appreciation Lt. Seth Edge Chairman Winton Certificate of Appreciation Lt. Jose Paz Chairman Winton Certificate of Appreciation Osvaldo Iglesias Chairman Winton Certificate of Appreciation Nelson Rivera Chairman Winton Certificate of Appreciation Mike Trebilcock Chairman Winton Certificate of Appreciation 5. All-American City Commissioner Regalado Proclamation City of Miami Beach - Presented L=� C. MAYORAL VETOES PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, ITEM(S) VETOED BY THE MAYOR SHALL BE PLACED BY THE CITY CLERK AS THE FIRST SUBSTANTIVE ITEM(S) FOR COMMISSION CONSIDERATION. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: • REGULAR AND PLANNING & ZONING MEETING OF NOVEMBER 15, 2001 • PLANNING & ZONING MEETING OF DECEMBER 11, 2001 • REGULAR MEETING OF DECEMBER 13, 2001 • REGULAR MEETING OF JANUARY 10, 2002 PAGE 4 JULY 24, 2003 NONE APPROVED MOVED: SANCBEZ SECONDED: GONZALEZ ABSENT: TEELE 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 -11 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 -11 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." CA -1. RESOLUTION - (J-03-634) - (ACCEPTING BIDS) ACCEPTING THE BIDS OF VARIOUS PRE -QUALIFIED VENDORS AS LISTED ON "ATTACHMENT 1," ATTACHED AND INCORPORATED, FOR THE DEPARTMENT OF PURCHASING, TO PROVIDE GENERAL BUILDING/SPECIALTY TRADE SERVICES, FOR VARIOUS CITYWIDE CONSTRUCTION, MAINTENANCE AND REPAIR PROJECTS, ON AN AS -NEEDED PROJECT BASIS, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS. PAGE 5 JULY 24, 2003 R-03-833 MOVED: SANC]HEZ SECONDED:REGALADO ABSENT: TEELE CA -2 CONSENT AGENDA CONT'D RESOLUTION - (J-03-) - (AUTHORIZING AN INCREASE) AUTHORIZING AN INCREASE IN THE CONSTRUCTION CONTRACT WITH GANCEDO TECHNOLOGIES, INC., THE LOWEST RESPONSIVE BIDDER APPROVED UNDER A PREVIOUS EMERGENCY FINDING, FOR THE ADDITIONAL WORK AT KENNETH MEYERS PARK, IN THE AMOUNT NOT TO EXCEED $6,140, FROM AN ORIGINAL CONTRACT AMOUNT OF $26,999 TO $33,139 TO COVER THE COST OF THE ADDITIONAL ELECTRIC CIRCUITS ON THE NEW LIGHT POLES, ADDITIONAL ASPHALT ON EXISTING WALKWAYS AND OTHER WORK; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 311712, IN THE AMOUNT OF $33,139 FOR THE COST OF THE CONTRACT AND $8,338 TO COVER OTHER EXPENSES FOR A TOTAL PROJECT COST OF $41,477; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. CA -3. RESOLUTION - (J-03-) - (APPROVING ACQUISITION) APPROVING THE ACQUISITION OF SYSTEMS ANALYSIS SERVICES, TECHNICAL SUPPORT, AND OTHER PROFESSIONAL SERVICES FROM EVEREST SOLUTIONS, LLC, UNDER STATE OF FLORIDA CONTRACT NUMBER 974-172-03-1, EFFECTIVE UNTIL OCTOBER 20, 2003, ON AN AS -NEEDED BASIS THROUGH THE IMPLEMENTATION OF THE LEGISTAR LEGISLATIVE MANAGEMENT SYSTEM, SUBJECT TO EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, FOR A TOTAL AMOUNT NOT TO EXCEED $60,000 FROM INFORMATION TECHNOLOGY DEPARTMENT ACCOUNT CODE NO. 119004.460701.6.270; AND ANY ADDITIONAL FUNDS ON A CITY WIDE BASIS FROM THE OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS AND FROM VARIOUS CIP ACCOUNTS, SUBJECT TO THE AVAILABILITY OF FUNDS. PAGE 6 JULY 24, 2003 R-03-834 MOVED: SANCBEZ SECONDED:REGALADO ABSENT: TEELE R-03-835 MOVED: SANCBEZ SECONDED:REGALADO ABSENT: TEELE CA -4 CONSENT AGENDA CONT'D RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER'S ENGAGEMENT) AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF MARLIN ENGINEERING, INC., ("MARLIN") SELECTED FROM THE LIST OF PRE -APPROVED GENERAL ENGINEERING SERVICES FIRMS APPROVED BY RESOLUTION NO. 02-144, ADOPTED FEBRUARY 14, 2003, TO DESIGN AND DEVELOP A TRAFFIC STUDY FOR THE PROJECT ENTITLED "FLAGAMI AREA TRAFFIC STUDY, B-4672" IN DISTRICT 4, BASED ON (1) THE SCOPE OF SERVICES REQUIRED FOR THE PROJECT, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH MARLIN EXECUTED PURSUANT TO RESOLUTION NO. 02-144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; AND ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $59,443.50, FOR SERVICES AND EXPENSES INCURRED BY THE CITY, FROM CAPITAL IMPROVEMENTS PROJECT NO. 341206 ENTITLED: "DISTRICT 4 STREET & TRAFFIC CIRCLES." PAGE 7 JULY 24, 2003 R-03-836 MOVED: SANC]HEZ SECONDED:REGALADO ABSENT: TEELE CA -5 CONSENT AGENDA CONT'D RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SELECTRON, INC. TO PROVIDE REQUIRED UPGRADE AND MAINTENANCE TO PROPRIETARY SOFTWARE APPLICATIONS FOR THE INTERACTIVE VOICE RESPONSE SYSTEM (IVRS) IN THE BUILDING DEPARTMENT, AT A TOTAL COST NOT TO EXCEED $87,800, INCLUDING ONE (1) YEAR MAINTENANCE AT A COST OF $6,270 PLUS THE OPTION TO EXTEND FOUR (4) ADDITIONAL YEARS AT A COST NOT TO EXCEED 10% OF THE PURCHASE VALUE OF THE SYSTEM, SUBJECT TO AVAILABILITY OF FUNDS; ALLOCATING FUNDS THEREFOR FROM THE INSPECTION SERVICES DIVISION BUDGET, ACCOUNT CODE NO. 560302.340, PROJECT NO. 421001 AND IT CIP ACCOUNT CODE 311616. CA -6. WITHDRAWN PAGE 8 JULY 24, 2003 R-03-837 (MODIFIED) MOVED: SANCBEZ SECONDED: REGALADO ABSENT: TEELE CA -7 CONSENT AGENDA CONT'D RESOLUTION - (J-03-503) - (AUTHORIZING THE SETTLEMENT) AUTHORIZING THE SETTLEMENT OF CASE NO. 02-2523 CA 09, MIAMI YACHT CLUB VS. CITY OF MIAMI, TO PROVIDE FOR (1) THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI YACHT CLUB, A FLORIDA NOT-FOR-PROFIT CORPORATION, FOR THE PURPOSE OF CORRECTING THE FORMULA FOR THE CALCULATION OF COST OF LIVING INCREASES TO THE MINIMUM GUARANTEE AND THE ANNUAL CONTRIBUTION TO THE RESERVE FUND, AND CLARIFYING THE TIME PERIOD UTILIZED FOR CALCULATING GROSS REVENUE IN EXCESS OF $380,000 TO CALCULATE PERCENTAGE RENT; (2) THE CITY MANAGER TO ALLOCATE TO THE MIAMI YACHT CLUB A RENT CREDIT, IN THE AMOUNT OF SEVEN THOUSAND FOUR HUNDRED EIGHTY FOUR DOLLARS AND 58/100 ($7,484.58), AND A FLORIDA STATE USE TAX CREDIT, IN THE AMOUNT OF SIX HUNDRED TWENTY FIVE DOLLARS AND 71/100 ($625.71), REIMBURSING THE MIAMI YACHT CLUB FOR THE PAST OVERPAYMENT OF RENT BASED ON THE INCORRECT CPI FORMULA; (3) PLAINTIFF'S ATTORNEY'S FEES AND COSTS IN THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000) TO BE PAID UPON EXECUTING A 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. 515001.624401.6.661. PAGE 9 JULY 24, 2003 R-03-838 MOVED: SANC]HEZ SECONDED:REGALADO ABSENT: TEELE CA -8 CA -9 CONSENT AGENDA CONT'D RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2) AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND THE MIAMI OUTBOARD CLUB, A FLORIDA NOT-FOR-PROFIT CORPORATION, TO CORRECT THE FORMULA FOR THE CALCULATION OF COST OF LIVING INCREASES TO THE MINIMUM GUARANTEE, COMMUNITY SERVICE CREDIT, BASE RESTAURANT REVENUES AND THE ANNUAL CONTRIBUTION TO THE RESERVE FUND; AUTHORIZING THE CITY MANAGER TO ALLOCATE TO THE MIAMI OUTBOARD CLUB A NET RENT CREDIT, IN THE AMOUNT OF ELEVEN THOUSAND TWO HUNDRED SEVENTY-FOUR DOLLARS 44/100 ($11,274.44) REIMBURSING THE MIAMI OUTBOARD CLUB FOR THE PAST OVERPAYMENT OF RENT BASED ON THE INCORRECT CPI FORMULA. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3) AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND UNITED STATES SAILING CENTER, INC., FOR THE PURPOSE OF CORRECTING THE FORMULA FOR THE CALCULATIONS OF COST LIVING INCREASES TO THE MONTHLY RENT, COMMUNITY SERVICE FEE AND TRANSPORTATION FEE; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE TO THE U.S. SAILING CENTER, INC. A RENT CREDIT IN THE AMOUNT OF $1,827, THEREBY REIMBURSING THE U.S. SAILING CENTER, INC. FOR THE PAST OVERPAYMENT IN RENT BASED ON THE INCORRECT FORMULA. PAGE 10 JULY 24, 2003 R-03-839 (MODIFIED) MOVED: SANCBEZ SECONDED:REGALADO ABSENT: TEELE R-03-840 MOVED: SANCBEZ SECONDED:REGALADO ABSENT: TEELE CA -10. CA -11 CONSENT AGENDA CONT'D RESOLUTION - (J-03-575) - (AUTHORIZING SETTLEMENT) AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THOMAS SHAVER, THE SUM OF $200,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE THOMAS SHAVER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SEAN THOMAS SHAVER VS. CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA, CASE NO. 01-19858 CA (15), UPON EXECUTING A 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. 515001.624401.6.653. RESOLUTION - (J-03-) - (ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER) ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE AND AUTHORIZE THE CITY TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BOSTON CONCESSION SERVICES TO PROVIDE CONCESSION SERVICES AT THE ORANGE BOWL STADIUM, PURSUANT TO RFP 02- 03-136; FOR A PERIOD OF THREE (3) YEARS, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; FURTHER RECOMMENDING THAT SHOULD NEGOTIATIONS FAIL WITH THE TOP RANKED FIRM, THE CITY NEGOTIATE WITH THE SECOND AND THIRD -RANKED FIRMS, RESPECTIVELY, UNTIL A SUCCESSFUL CONTRACT IS NEGOTIATED. END OF CONSENT AGENDA PAGE 11 JULY 24, 2003 R-03-841 MOVED: SECONDED ABSENT: R-03-842 MOVED: SECONDED ABSENT: SANC]HEZ REGALADO TEELE SANC]HEZ REGALADO TEELE PERSONAL APPEARANCES NOTE: LEGISLATION MAY RESULT FROM CITY COMMISSION CONSIDERATION OF ANY PERSONAL APPEARANCE. 2. MR. MIKE WILSON, FROM WORLD CLASS & ASSOCIATES, INC. TO ADDRESS THE COMMISSION CONCERNING MATCHING FUNDS OF ST. JOHN. I.M.B.C. ADMINISTRATION RECOMMENDATION: TO BE DISCUSSED 3. MS. KAREN CARTWRIGHT TO ADDRESS THE COMMISSION CONCERNING POLICE AND OTHER SERVICES IN OVERTOWN. ADMINISTRATION RECOMMENDATION: TO BE DISCUSSED PAGE 12 JULY 24, 2003 REFERRED TO CITY MANAGER DISCUSSED MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ RESOLUTION - (J-03-) - (ADOPTING THE POLICY AND GUIDELINES) ADOPTING THE POLICY AND GUIDELINES, ATTACHED AND INCORPORATED, OF THE CITY OF MIAMI'S OFFICE OF FILM ARTS, CULTURE AND ENTERTAINMENT ("FACE") GRANT, TO ESTABLISH A POLICY AND GUIDELINES PARTIES SHALL FOLLOW WHEN REQUESTING PARTIAL FUNDING FOR EVENTS AND FESTIVALS OF FUNDS CONTAINED IN ACCOUNT NO. 001000.921054.6.289 ENTITLED "SPECIAL EVENTS FESTIVAL ACCOUNT." PAGE 13 JULY 24, 2003 DEFERRED TO SEPTEMBER 11, 2003 PAGE 14 JULY 24, 2003 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 1 COMMISSIONER ANGEL GONZALEZ MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 2 CHAIRMAN JOHNNY L. WINTON A. DISCUSSION CONCERNING AN AMENDMENT TO SECTION 4(H) OF THE CITY CHARTER OF THE CITY OF MIAMI RELATED TO COMPENSATION PAID TO CITY COMMISSIONERS. PAGE 15 JULY 24, 2003 R-03-903 MOVED: SECONDED ABSENT: R-03-904 MOVED: SECONDED ABSENT: WINTON GONZALEZ TEELE WINTON GONZALEZ TEELE MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 3 COMMISSIONER JOE SANCHEZ FIRST READING ORDINANCE - (J-03-) AMENDING CHAPTERS 2 AND 12.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING THE CHAPTERS ENTITLED "ADMINISTRATION" AND "COMMUNITY REVITALIZATION" WHICH CREATED THE LITTLE HAVANA HOMEOWNERSHIP TRUST (THE "TRUST") PURSUANT TO ORDINANCE NO. 12356, ADOPTED APRIL 10, 2003, BY REPEALING ALL SECTIONS RELATED TO THE TRUST, AND SUBSTITUTING IN LIEU THEREOF NEW SECTIONS ESTABLISHING THE LITTLE HAVANA COMMUNITY REDEVELOPMENT ADVISORY BOARD ("BOARD") BY DEFINING THE GEOGRAPHIC BOUNDARIES FOR THE DISTRICT, SETTING FORTH THE BOARD'S PURPOSE, POWERS AND DUTIES, PROVIDING FOR COMPOSITION AND APPOINTMENTS AND PROCEDURES, NOMINATION AND ELECTION PROCEDURES, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS; OATH, QUORUM AND VOTING, MEETINGS, INDEMNIFICATION, ABOLISHMENT, SPECIFICALLY DESIGNATED PERSONNEL BY THE CITY MANAGER TO ACT AS LIAISON TO THE BOARD, COUNSEL, BUDGET APPROVAL AND ANNUAL REPORT AND PROVIDING FOR "SUNSET" REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2-892 AND DIVISION 3 TO CHAPTER 12.5, OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. PAGE 16 JULY 24, 2003 FIRST READING ORDINANCE (MODIFIED) MOVED: SANCBEZ SECONDED: GONZALEZ ABSENT: TEELE PAGE 17 JULY 24, 2003 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 4 COMMISSIONER TOMAS REGALADO A. DISCUSSION CONCERNING THE COMMUNITY MINORITY MULTI-ETHNIC NEWSPAPERS PROGRAM. B. RESOLUTION - (J-03-651) - (CODESIGNATING THE INTERSECTION AT SOUTHWEST 36TH AVENUE AND SOUTHWEST 8TH STREET) CODESIGNATING THE INTERSECTION AT SOUTHWEST 36TH AVENUE AND SOUTHWEST 8TH STREET, MIAMI, FLORIDA, AS "AVENIDA EL CABALLERO DE PARIS;" DIRECTING THE CITY MANAGER TO INSTRUCT THE DEPARTMENT OF MUNICIPAL SERVICES TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. C. DISCUSSION CONCERNING WAIVING THE RENT FOR CATHOLIC CHARITIES WITH REGARD TO OFFICE SPACE AT 970 S.W. 1ST STREET. D. DISCUSSION CONCERNING ADULT LIVING FACILITIES IN THE SHENANDOAH AREA. PAGE 18 JULY 24, 2003 MOTION -03-891 MOVED: REGALADO SECONDED:GONZALEZ ABSENT: TEELE MOTION -03-881 MOVED: REGALADO SECONDED:GONZALEZ ABSENT: TEELE PAGE 19 JULY 24, 2003 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 5 VICE-CHAIRMAN ARTHUR E. TEELE , JR PUBLIC HEARING ITEMS 4. RESOLUTION - (J-03-) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE) (4/5THS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF A RANGE 3000 XP4 TRAINING SIMULATOR, FROM IES INTERACTIVE TRAINING, INC., (NON-MINORITY/NON- LOCAL VENDOR, 8250 E. PARK MEADOWS DRIVE, SUITE 110, LITTLETON, COLORADO) SOLE SOURCE PROVIDER, FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $55,800; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690002 AND 690003 SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF JUSTICE AND TREASURY, "GUIDE TO EQUITABLE SHARING." PAGE 20 JULY 24, 2003 FAILED MOVED: SANCHEZ SECONDED:REGALADO NAYS: GONZALEZ ABSENT: TEELE PUBLIC HEARING ITEMS CONT'D 5. RESOLUTION - (J-03-633) - (RATIFYING THE CITY MANAGER'S FINDING OF A SOLE SOURCE) (4/5TNS VOTE) RATIFYING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES FOR RENTAL OF THE PRO -ACTIVE BARRICADE FENCE SYSTEM FROM PREMIER GLOBAL PRODUCTION CO. INC. (NON-MINORITY/NON-LOCAL VENDOR, 232 SPACE PARK DRIVE SOUTH, NASHVILLE, TENNESSEE) FOR THE DEPARTMENT OF POLICE, AT A TOTAL COST NOT TO EXCEED $119,376; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690002 AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF JUSTICE AND TREASURY, "GUIDE TO EQUITABLE SHARING." PAGE 21 JULY 24, 2003 TABLED BY MOTION -03-843 MOVED: SANC]HEZ SECONDED: REGALADO ABSENT: TEELE -------------------------------- R-03-868 MOVED: SANC]HEZ SECONDED: REGALADO ABSENT: TEELE 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 NT RESCUE AIR BAGS WITH ACCESSORIES AND RAPID STAIR CRIBBING SETS, FROM SUNSHINE FIRE EQUIPMENT, (NON- MINORITY/NON-LOCAL VENDOR, 58 POINT PLEASANT DRIVE, PALM COAST, FLORIDA) THE SOLE SOURCE DISTRIBUTOR FOR RES Q TEK, INC., IN FLORIDA AND GEORGIA, FOR A TOTAL CONTRACT AWARD AMOUNT NOT TO EXCEED $41,082, FOR THE DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS THEREFOR FROM THE FIRE -RESCUE HOMELAND DEFENSE PREPAREDNESS PROJECT NO. 313305, ACCOUNT CODE NO. 289307.6.840. PAGE 22 JULY 24, 2003 R-03-844 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE VA E? PUBLIC HEARING ITEMS CONT'D RESOLUTION - (J-03-) - (ACCEPTING PLAT) ACCEPTING THE PLAT ENTITLED "TACOLCY CITY SUBDIVISION," A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT TO MIAMI-DADE COUNTY AT THE CITY -OWNED PROPERTY MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, OF A TWELVE (12) FOOT WIDE PERPETUAL, NON-EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF WATER AND SEWAGE FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE, AND REMOVE SUCH FACILITIES OR ANY OF THEM WITHIN THE EASEMENT. PAGE 23 JULY 24, 2003 MOTION -03-845 MOVED: GONZALEZ SECONDED: SANCHEZ ABSENT: TEELE RECONSIDERED BY MOTION -03-846 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: TEELE TABLED BY MOTION -03-847 MOVED: SANCHEZ SECONDED:REGALADO ABS ENT : TEELE, REGALAD O R-03-856 (MODIFIED) MOVED: SANCHEZ SECONDED:REGALADO ABS ENT : GONZALEZ, TEELE R-03-848 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: TEELE 9. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A LUMP SUM RELOCATION AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A LUMP SUM RELOCATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA POWER & LIGHT COMPANY, A SOLE SOURCE PROVIDER PURSUANT TO RESOLUTION NO. , FOR THE OVERHEAD TO UNDERGROUND CONVERSION OF ELECTRIC DISTRIBUTION FACILITIES ALONG THE SOUTH SIDE OF WATSON ISLAND, MIAMI, FLORIDA, AS PART OF THE DEVELOPMENT OF THE AIR TRANSPORTATION FACILITY AND THE GREATER MIAMI REGIONAL VISITORS AND AVIATION CENTER, IN AN AMOUNT NOT TO EXCEED $314,150; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNT NO. 333126. PAGE 24 JULY 24, 2003 1 :i• MOVED: SANCBEZ SECONDED: GONZALEZ ABSENT: TEELE 10. 10A. PUBLIC HEARING ITEMS CONT'D RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO FLORIDA POWER AND LIGHT COMPANY, OF A FIFTEEN (15) FOOT STRIP PERPETUAL, NON-EXCLUSIVE EASEMENT ON THE PROPERTY LOCATED AT APPROXIMATELY 1050 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, IN SUBSTANTIALLY THE LOCATION DEPICTED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE THE VOLTAGE, AND REMOVE SUCH FACILITIES OR ANY OF THEM WITHIN THE EASEMENT; SAID EASEMENT TO BE EXECUTED UPON COMPLETION OF THE OVERHEAD TO UNDERGROUND CONVERSION OF ELECTRICAL DISTRIBUTION FACILITIES THAT AFFECT THE OPERATION OF THE AVIATION AND VISITORS CENTER ON WATSON ISLAND. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER EASEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("GRANTEE"), FOR THE PURPOSE OF GRANTING GRANTEE THE RIGHT TO USE APPROXIMATELY A 20 - FOOT WIDE WATER EASEMENT, AT THE PROPERTY KNOWN AS THE DDA DOWNTOWN CHARTER SCHOOL LOCATED AT 405 NORTHWEST 3 d AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF AS A WATER EASEMENT, SUBJECT TO THE DOWNTOWN DEVELOPMENT AUTHORITY, A FLORIDA BODY CORPORATE(THE "DDA"), EXECUTING A JOINDER TO THIS WATER EASEMENT. PAGE 25 JULY 24, 2003 R-03-850 (MODIFIED) MOVED: SANCBEZ SECONDED: GONZALEZ ABSENT: TEELE R-03-851 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE PUBLIC HEARING ITEMS CONT'D 11. RESOLUTION - (J-03-) AND CONFIRMING DETERMINATION) (4/5TNS VOTE) - (RATIFYING, APPROVING THE CITY MANAGER'S RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S DETERMINATION THAT A COMPETITIVE BIDDING PROCESS IS NOT PRACTICABLE OR ADVANTAGEOUS, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MAHONEY AND ASSOCIATES TO PROVIDE HEALTH BENEFITS CONSULTING SERVICES, IN A TOTAL AMOUNT NOT TO EXCEED $120,000, FOR ONE YEAR, WITH THE OPTION TO EXTEND FOR ONE ADDITIONAL YEAR; ALLOCATING FUNDS FROM THE DIVISION OF RISK MANAGEMENT, ACCOUNT CODE NO. 515001.624401.6.650. 12. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND NEO I, LLC ("NEO LOFTS"), TO PROVIDE FOR CITY'S PARTICIPATION IN A COOPERATIVE PROJECT TO CREATE A GREENWAY AND MAKE ROADWAY IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY ALONG SOUTH RIVER DRIVE FROM FLAGLER STREET TO SW 1ST STREET, WHEREIN NEO LOFTS WILL CONTRIBUTE $30,000 AND THE CITY WILL CONTRIBUTE UP TO $250,000; FURTHER AFFIRMING AND ADOPTING THE CITY MANAGER'S FINDING OF AN EMERGENCY TO THE EFFECT THAT IT IS IN THE PUBLIC'S BEST INTEREST TO SELECT THE NEO LOFTS CONTRACTOR, CODINA CONSTRUCTION CORPORATION, FOR THIS WORK BY METHOD OTHER THAN COMPETITIVE PROCUREMENT; ALLOCATING FUNDS FOR THIS PURPOSE FROM CAPITAL IMPROVEMENT PROJECT NO. 341211, ENTITLED "GREENWAYS IMPROVEMENTS," UNDER THE HOMELAND DEFENSE - NEIGHBORHOOD IMPROVEMENT BOND PROGRAM. PAGE 26 JULY 24, 2003 R-03-852 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE R-03-853 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE 13. ORDINANCES -EMERGENCY EMERGENCY ORDINANCE - (J-03-637) (4/5TNS VOTE) (Note: This item is declared to be 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 the further grounds of the necessity of the City of Miami 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. 11332, AS AMENDED, ADOPTED JANUARY 25T", 1996, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "GANG RESISTANCE EDUCATION AND TRAINING;" BY INCREASING SAID APPROPRIATIONS, IN THE AMOUNT OF $85,000, CONSISTING OF A GRANT FROM THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, WITH NO MATCHING FUNDS REQUIRED OF THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 27 JULY 24, 2003 ORDINANCE #12395 MOVED: SANC]HEZ SECONDED: GONZALEZ ABSENT: TEELE 14. ORDINANCES —EMERGENCY CONT'D EMERGENCY ORDINANCE - (J-03-) (4/5TNS VOTE) (Note: This item is declared to be being 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 REVISE CERTAIN ONGOING CAPITAL IMPROVEMENT PROJECTS BY APPROPRIATING ADDITIONAL FUNDING FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE PUBLIC FACILITIES SPECIAL REVENUE FUND AND ASSESSMENT LIEN REVENUE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. PAGE 28 JULY 24, 2003 ORDINANCE #12396 (MODIFIED) MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE 15. ORDINANCES —EMERGENCY CONT'D EMERGENCY ORDINANCE - (J-03-653) (4/5TNS VOTE) (Note: This item is declared to be being 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 the 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 materials and to generally carry on the functions and duties of municipal affairs) ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "2003 OUTREACH PROJECT TO HOMELESS DETAINEES" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $84,097.67, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, GRANT-IN-AID PROGRAM TO PROVIDE, FOR A ONE-YEAR PERIOD, OUTREACH, ASSESSMENT, PLACEMENT AND TRANSPORTATION SERVICES TO HOMELESS DETAINEES BEING RELEASED FROM THE DADE COUNTY JAIL; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE ALLOCATION OF SAID FUNDS FOR IMPLEMENTATION OF THE PROJECT CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 29 JULY 24, 2003 ORDINANCE #12397 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE 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. 16. FIRST READING ORDINANCE - (J-03-) AMENDING CHAPTER 35/ARTICLE IV, ENTITLED "MOTOR VEHICLES AND TRAFFIC/PARKING RATES", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY: (1) ESTABLISHING A MONTHLY ON -STREET PERMIT PROGRAM; (2) CHANGING THE PARKING RATES AT CERTAIN SPECIFIED ON -STREET PARKING LOTS; (3) CHANGING THE PARKING RATES AT CERTAIN MUNICIPAL PARKING GARAGES; (4) AUTHORIZING RATES AND FEES FOR BAGGED METER/METERED SPACE RENTALS; (5) PROVIDING FOR METER REMOVAL; (6) AUTHORIZING A RESTRICTED RESIDENTIAL PARKING PROGRAM; AND (7) BY INITIATING RATES FOR NEW FACILITIES DURING THE FISCAL YEAR; MORE PARTICULARLY BY AMENDING SECTIONS 35-191, 35-192, AND 35-193, AND BY ADDING NEW SECTIONS 35-194, 35-195 AND 35-196 TO THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND CONTAINING AN EFFECTIVE DATE. (This item was deferred from the meeting of June 12, 2003) PAGE 30 JULY 24, 2003 DEFERRED BY MOTION -03-869 MOVED: SANCBEZ SECONDED: GONZALEZ ABSENT: TEELE 17. ORDINANCES -FIRST READING CONT'D FIRST READING ORDINANCE - (J-03-) ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "STATE OF FLORIDA EMERGENCY MEDICAL SERVICES ("EMS") MATCHING GRANT M3004 AWARD (FY 2003)," FOR THE IMPLEMENTATION OF A PUBLIC ACCESS DEFIBRILLATION ("PAD") PROGRAM, AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $161,989, CONSISTING OF A GRANT, IN THE AMOUNT OF $121,492, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, WITH MATCHING FUNDS, IN THE AMOUNT OF $40,497, ALLOCATED FROM THE CITY OF MIAMI OPERATING BUDGET, ACCOUNT CODE NO. 001000.921002.6.270; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 31 JULY 24, 2003 FIRST READING ORDINANCE MOVED: SANCHEZ SECONDED: GONZALEZ ABS ENT : TEELE, REGALAD O 18. 19. ORDINANCES -FIRST READING CONT'D FIRST READING ORDINANCE - (J-03-) REPLACING SECTION 38-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "USE OF MANUEL AIRTIME COMMUNITY CENTER" IN IT'S ENTIRETY AND SUBSTITUTING IN LIEU THEREOF NEW SECTION 38.8 CLARIFYING THE RATES FOR THE USE OF THE MANUEL ARTIME THEATER AND ESTABLISHING NEW RATES TO MAXIMIZE THE USE OF THE FACILITY. FIRST READING ORDINANCE - (J-03-) AMENDING CHAPTER 31/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS/OCCUPATIONAL LICENSES," BY AMENDING THE SCHEDULE OF LICENSE TAXES ESTABLISHED WHICH SETS FORTH THE CLASSIFICATIONS AND RATE SCHEDULE FOR THOSE PERSONS OR ENTITIES DOING BUSINESS IN THE CITY OF MIAMI; MORE PARTICULARLY BY AMENDING SECTION 31-50 OF SAID CODE TO INCLUDE NEW OCCUPATIONAL LICENSE CATEGORIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 32 JULY 24, 2003 FIRST READING ORDINANCE (MODIFIED) MOVED: SANCHEZ SECONDED: REGALADO ABSENT: TEELE WITHDRAWN BY MOTION -03-870 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: TEELE 19A. ORDINANCES -FIRST READING CONT'D FIRST READING ORDINANCE - (J-03-476) AMENDING CHAPTER 2, SECTION 2-829, ENTITLED "SCHEDULE OF CIVIL PENALTIES;" CHAPTER 10, ARTICLE I, ENTITLED "BUILDINGS - IN GENERAL" AND REPEALING AND CREATING A NEW CHAPTER 36, ENTITLED "NOISE" OF THE MIAMI CITY CODE BY ESTABLISHING FINES FOR VIOLATION OF NOISE AND NOISE RELATED ACTIVITIES; ADDING NEW SECTIONS 10-6 AND 10-7, ENTITLED "BUILDING CONSTRUCTION, DREDGING AND LAND FILLING; PERMIT REQUIRED AND WHEN PROHIBITED" AND "BUILDING CONSTRUCTION, CERTIFICATE OF COMPLIANCE; WHEN REQUIRED" TO PROVIDE FOR AND CLARIFY DAYS AND TIMES CONSTRUCTION, DREDGING AND LAND FILLING ACTIVITY IS PERMITTED, PERMIT REQUIRED AND ENFORCEMENT AUTHORITY AND CREATING A NEW CHAPTER 36 TO PROVIDE FOR AND CLARIFY NOISE PROHIBITIONS AND LIMITATIONS; PROVIDING FOR INCLUSION IN THE CITY CODE, SEVERABILITY, AND AN EFFECTIVE DATE. PAGE 33 JULY 24, 2003 FIRST READING ORDINANCE MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE 20. RESOLUTIONS DEPARTMENT OF CAPITAL IMPROVEMENT PROJECTS RESOLUTION - (J-03-) - (ACCEPTING THE BID) ACCEPTING THE BID OF REGOSA ENGINEERING, INC., (FEMALE/MIAMI-DADE COUNTY VENDOR, 46 N.W. 36TH STREET, MIAMI, FLORIDA) THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO FORMAL INVITATION FOR BIDS, DATED JUNE 17, 2003 FOR THE PROJECT ENTITLED "OLD VIRGINIA KEY BEACH PARK RENOVATIONS AND REPAIRS, PHASE I", B -3282A, IN THE AMOUNT OF $1,108,179; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 331416, VIRGINIA KEY WILDLIFE ENVIRONMENTAL CENTER NO. 333128 AND VIRGINIA KEY BEACH PARK TRUST ACCOUNT NO. 116004 TO COVER $1,108,179 FOR THE CONTRACT COSTS, AND $122,660 FOR EXPENSES, FOR A TOTAL COST OF $1,230,839; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, FOR SAID PURPOSE. 20A. RESOLUTION - (J-03-) - (ACCEPTING THE BID) ACCEPTING THE BID OF MORLIC ENGINEERING CORP., (HISPANIC/MIAMI-DADE COUNTY VENDOR, 7571 N.W. 7TH STREET, MIAMI, FLORIDA) THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO FORMAL INVITATION FOR BIDS, DATED JUNE 11, 2003 FOR THE PROJECT ENTITLED "ROAD REHABILITATION PROJECT", B-4652, IN THE AMOUNT OF $993,699; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 313855, TO COVER $993,699 FOR THE CONTRACT COSTS, AND $149,055 FOR EXPENSES AND OTHER COSTS TO BE INCURRED BY THE CITY, FOR A TOTAL COST OF $1,142,754; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. PAGE 34 JULY 24, 2003 R-03-859 MOVED: SANCHEZ SECONDED: GONZALEZ ABS ENT : TEELE, REGALAD O R-03-860 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: REGALADO,TEELE RESOLUTIONS CONT'D DOWNTOWN DEVELOPMENT AUTHORITY 21. RESOLUTION - (J-03-574) - (AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") TO ESTABLISH A PROPOSED MILLAGE RATE) AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") TO ESTABLISH A PROPOSED MILLAGE RATE OF ONE-HALF (1/2) MILL FOR THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30,2004; AUTHORIZING AND DIRECTING THE DDA TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI DADE COUNTY TAX COLLECTOR, TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARINGS AT WHICH THE MIAMI CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE DDA TENTATIVE BUDGET FOR SAID FISCAL YEAR. PAGE 35 JULY 24, 2003 R-03-861 MOVED: GONZALEZ SECONDED: SANCHEZ ABS ENT : TEELE, REGALAD O 22. RESOLUTIONS CONT'D DEPARTMENT OF ECONOMIC DEVELOPMENT RESOLUTION - (J-03-) - (ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER) ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 02-03-091, DATED MARCH 10, 2003 THAT THE MOST QUALIFIED FIRMS TO PROVIDE AN ECONOMIC AND MARKET STUDY OF THE MIAMI RIVER CORRIDOR FOR THE DEPARTMENT OF ECONOMIC DEVELOPMENT ARE IN RANK ORDER: (1) INNOVATIVE ECONOMIC DEVELOPMENT RESOURCES, INC. AND (2) BAY AREA ECONOMICS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITH INNOVATIVE ECONOMIC DEVELOPMENT RESOURCES, INC., THE TOP RANKED FIRM, FOR AN INITIAL PERIOD OF ONE YEAR, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL SIX MONTH PERIODS, IN AN AMOUNT NOT TO EXCEED $125,000.00 FOR THE INITIAL AND EXTENDED PERIODS OF THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH BAY AREA ECONOMICS, THE SECOND RANKED FIRM, IN THE EVENT A FAIR, COMPETITIVE AND REASONABLE AGREEMENT CANNOT BE NEGOTIATED AND EXECUTED WITH INNOVATIVE ECONOMIC DEVELOPMENT RESOURCES, INC; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 311047-509301-270. PAGE 36 JULY 24, 2003 R-03-862 MOVED: GONZALEZ SECONDED: SANCHEZ ABS ENT : TEELE, REGALAD O RESOLUTIONS CONT'D 23. RESOLUTION - (J-03-) - (DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI) DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR CONSIDERATION AT AN ELECTION TO BE HELD ON NOVEMBER 4, 2003, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 29-B OF THE CHARTER TO AUTHORIZE THE CITY COMMISSION TO AMEND THE LEASE AGREEMENT BETWEEN THE CITY AND BISCAYNE BAY RESTAURANT CORP. D/B/A RUSTY PELICAN DATED FEBRUARY 13, 1970, AS AMENDED, TO (A) EXTEND THE TERM OF THE LEASE WITH RUSTY PELICAN FOR AN ADDITIONAL PERIOD OF TEN (10) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL FIVE (5) YEAR PERIODS, (B) INCREASE THE AMOUNT OF THE MINIMUM GUARANTEE TO THE CITY TO AT LEAST $350,000 PER LEASE YEAR EFFECTIVE UPON EXECUTION OF THE LEASE AMENDMENT, AND (C) REQUIRE RUSTY PELICAN TO MAKE CAPITAL IMPROVEMENTS TO THE PROPERTY, INCLUDING A PUBLIC BAYWALK, IN THE AMOUNT OF NOT LESS THAN $3 MILLION WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THE LEASE AMENDMENT. PAGE 37 JULY 24, 2003 R-03-854 (MODIFIED) MOVED: SANCBEZ SECONDED:GONZALEZ ABSENT: TEELE RESOLUTIONS CONT'D 24. RESOLUTION - (J-03-) - (APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT) APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 1; AMENDING SECTION 29-B,. ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE - GENERALLY", TO AUTHORIZE THE CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO AMEND THE LEASE AGREEMENT BETWEEN THE CITY AND BISCAYNE BAY RESTAURANT CORP. D/B/A RUSTY PELICAN DATED FEBRUARY 13, 1970, AS AMENDED, TO (A) EXTEND THE TERM FOR AN ADDITIONAL PERIOD OF TEN (10) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL FIVE (5) YEAR PERIODS, (B) INCREASE THE AMOUNT OF THE MINIMUM GUARANTEE TO THE CITY TO AT LEAST $350,000 PER LEASE YEAR EFFECTIVE UPON EXECUTION OF THE LEASE AMENDMENT, AND (C) REQUIRE THE RUSTY PELICAN TO MAKE CAPITAL IMPROVEMENTS TO THE PROPERTY, INCLUDING A PUBLIC BAYWALK, WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THE LEASE AMENDMENT, IN THE AMOUNT OF NOT LESS THAN $3 MILLION; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. 1 WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2003; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION; PROVIDING AN EFFECTIVE DATE FOR THIS RESOLUTION. PAGE 38 JULY 24, 2003 R-03-855 (MODIFIED) MOVED: GONZALEZ SECONDED:REGALADO ABSENT: TEELE RESOLUTIONS CONT'D 25. RESOLUTION - (J-03-628) - (AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AMENDING THE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE DEPARTMENT OF OFF-STREET PARKING ("DOSP") DATED AUGUST 8, 2002, TO PROVIDE FOR DOSP: (1) TO DESIGN, CONSTRUCT AND OPERATE TWO PARKING FACILITIES ON WATSON ISLAND; AND (2) TO USE GRANT FUNDS RECEIVED BY THE CITY, IN A TOTAL AMOUNT OF $220,000, FOR THE DESIGN AND CONSTRUCTION OF THE BOAT RAMP PARKING AND ANCILLARY FACILITIES TO BE LOCATED ON WATSON ISLAND, SUBJECT TO DOSP'S COMPLIANCE WITH CERTAIN TERMS AND CONDITIONS RELATED TO THE USE OF SAID GRANT FUNDS; FURTHER AUTHORIZING DOSP, AT ITS SOLE COST, TO DESIGN, CONSTRUCT AND OPERATE INTERIM PARKING FACILITIES AT LOCATIONS TO BE APPROVED BY THE CITY MANAGER FOR USE BY THE MIAMI CHILDREN'S MUSEUM AND OVERFLOW PARKING FOR PARROT JUNGLE ISLAND, SAID AUTHORIZATION SHALL EXPIRE UPON COMPLETION OF CONSTRUCTION OF THE PARKING FACILITIES ON THE SOUTH SIDE OF WATSON ISLAND. PAGE 39 JULY 24, 2003 R-03-863 (MODIFIED) MOVED: SANCHEZ SECONDED: GONZALEZ ABS ENT : REGALAD O, TEELE 25A. RESOLUTIONS CONT'D RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT) AUTHORIZING THE CITY MANAGER TO: (1) EXECUTE A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE STATE OF FLORIDA AND THE CITY OF MIAMI TO LEASE CERTAIN SUBMERGED LANDS CURRENTLY BEING UTILIZED BY GROVE MARINA MARKET, LTD. FOR DOCKAGE PURPOSES PURSUANT TO A LEASE AGREEMENT BETWEEN THE CITY AND GROVE MARINA MARKET, LTD. ("LESSEE"), WITH AN INITIAL TERM OF TWENTY- FIVE YEARS AND AN ANNUAL RENT NOT TO EXCEED $2,000, SUBJECT TO ANNUAL CONSUMER PRICE INDEX ("CPI") INCREASES, AND BACK FEES DUE, IN THE AMOUNT NOT TO EXCEED $29,500, TO BE PAID BY THE CITY OF MIAMI; (2) ACCEPT A WAIVER OF DEED RESTRICTION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FROM THE TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND TO ACCURATELY REFLECT THE AREA BEING UTILIZED BY LESSEE, WHICH WAIVER PROVIDES FOR AN ANNUAL PAYMENT TO THE STATE, IN AN AMOUNT NOT TO EXCEED $27,000, SUBJECT TO ANNUAL CPI INCREASES, TO BE PAID BY THE CITY OF MIAMI; AND (3) EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND LESSEE, DATED SEPTEMBER 20, 1985, AS AMENDED, TO ACCURATELY DESCRIBE THE AREA BEING LEASED BY THE CITY TO LESSEE AS DESCRIBED IN THE SURVEY, ATTACHED AND INCORPORATED. PAGE 40 JULY 24, 2003 R-03-857 (MODIFIED) MOVED: REGALADO SECONDED: SANCBEZ ABSENT: TEELE RESOLUTIONS CONT'D 25B. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (THE "AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH PARROT JUNGLE ISLAND, INC. ("PJI"), A FLORIDA CORPORATION, FOR THE DESIGN, CONSTRUCTION, MANAGEMENT AND MAINTENANCE OF THE JAPANESE GARDEN TO BE LOCATED ON APPROXIMATELY ONE ACRE ON WATSON ISLAND, WITH AN INITIAL TERM OF SEVEN (7) YEARS, PROVIDED, HOWEVER, THAT PJI'S MAINTENANCE OBLIGATIONS SHALL CONTINUE THROUGHOUT THE TERM OF THE ITS LEASE WITH THE CITY OF MIAMI, DATED SEPTEMBER 2, 1997, AS AMENDED; FURTHER APPROVING CONSIDERATION TO PJI FOR ITS SERVICES IN AN AMOUNT EQUAL TO THE ACTUAL COST OF PJI'S PROVISION OF SERVICES BASED ON A MANAGEMENT BUDGET AND MANAGEMENT PLAN APPROVED BY THE CITY, TO THE EXTENT FUNDS ARE AVAILABLE. PAGE 41 JULY 24, 2003 R-03-864 (MODIFIED) MOVED: GONZALEZ SECONDED:SANCHEZ ABSENT: TEELE, REGALADO RESOLUTIONS CONT'D DEPARTMENT OF EMPLOYEE RELATIONS 26. RESOLUTION - (J-03-649) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MGT OF AMERICA, INC., TO CONDUCT A COMPREHENSIVE COMPENSATION STUDY OF THE CITY OF MIAMI'S CURRENT COMPENSATION PLAN AND PROVIDE ADDITIONAL SERVICES AS MAY BE REQUIRED FOR THE DEPARTMENT OF EMPLOYEE RELATIONS, UTILIZING AN EXISTING STATE OF FLORIDA CONTRACT NO. 973-001- 00-1, EFFECTIVE THROUGH MAY 14, 2004, ON AN AS -NEEDED BASIS, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACT(S) BY THE STATE OF FLORIDA, IN AN AMOUNT NOT TO EXCEED $212,500; ALLOCATING FUNDS FROM THE CAPITAL PROJECT ACCOUNT CODE NO. 311047.279501.6.270, SUBJECT TO BUDGETARY APPROVAL. PAGE 42 JULY 24, 2003 R-03-874 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE RESOLUTIONS CONT'D 27. RESOLUTION - (J-03-) - (ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER) ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL NO. 02-03-095, ACCEPTING THE PROPOSAL OF MERCY OUTPATIENT SERVICES D/B/A MERCY OUTPATIENT CENTER TO PERFORM EMPLOYMENT AND ANNUAL PHYSICAL EXAMINATIONS AND HEPATITIS -13 IMMUNIZATIONS FOR DESIGNATED PERSONNEL FOR THE DEPARTMENT OF EMPLOYEE RELATIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ON A CONTRACT BASIS, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL TWO-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $1,222,885; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGETS OF THE FOLLOWING DEPARTMENTS: EMPLOYEE RELATIONS, ACCOUNT CODE NO. 001000.270101.6.260, FIRE -RESCUE, ACCOUNT CODE NO. 001000.280401.6.260, AND POLICE, ACCOUNT CODE NO. 001000.290201.6.260, SUBJECT TO BUDGETARY APPROVAL; AND AUTHORIZING AN INCREASE IN COMPENSATION, IN AN AMOUNT NOT TO EXCEED 5% FOR ANY OPTIONAL RENEWAL TERM, SUBJECT TO BUDGETARY APPROVAL. PAGE 43 JULY 24, 2003 WITHDRAWN BY CITY MANAGER 28. RESOLUTIONS CONT'D DEPARTMENT OF POLICE RESOLUTION - (J-03-625) - (ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER) ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 02-03-099, THAT THE MOST QUALIFIED FIRM TO PROVIDE PSYCHOLOGICAL SCREENING SERVICES FOR THE DEPARTMENT OF POLICE IS LAW ENFORCEMENT PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC. (NOW MINORITY/MIAMI-DADE COUNTY VENDOR, 3900 N.W. 79TH AVENUE, SUITE 726, MIAMI, FLORIDA); AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID FIRM, FOR A THREE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $227,000, FOR A TOTAL AMOUNT NOT TO EXCEED $1,362,000; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NOS. 001000.290201.6.260 ($115,000 ANNUALLY) AND 001000.290201.6.270 ($112,000 ANNUALLY), SUBJECT TO BUDGETARY APPROVAL. PAGE 44 JULY 24, 2003 DEFERRED TO SEPTEMBER 11, 2002 MOTION -03-865 MOVED: GONZALEZ SECONDED:SANCHEZ ABS ENT : TEELE, REGALAD O RESOLUTIONS CONT'D DEPARTMENT OF MUNICIPAL SERVICES 29. RESOLUTION - (J-03-) - (APPROVING THE PROVISION OF A SIXTY MONTH LEASE OF A XEROX DOCUTECH) APPROVING THE PROVISION OF A SIXTY (60) MONTH LEASE OF A XEROX DOCUTECH 6135 PRODUCTION COPIER/PRINTER, DIGIPATH SOFTWARE AND ACCESSORIES FROM XEROX CORPORATION, (NON- MINORITY/NON-LOCAL VENDOR, 15150 N.W. 79TH COURT, MIAMI LAKES, FLORIDA) AWARDED UNDER EXISTING PUTNAM COUNTY BID NO. 97-02 AND AGREEMENT NO 0713981-04, EFFECTIVE THROUGH SEPTEMBER 31, 2004, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS THERETO BY PUTNAM COUNTY, AT AN ANNUAL AMOUNT NOT TO EXCEED $86,541.96, WITH A CONTINGENCY RESERVE NOT TO EXCEED $17,290.20 FOR THE TOTAL CONTRACT TERM, WITH AN END OF LEASE BUY-OUT OPTION AT FAIR MARKET VALUE PRICE AS LISTED ON ATTACHMENT "A", FOR THE DEPARTMENT OF MUNICIPAL SERVICES, GRAPHICS REPRODUCTIONS DIVISION; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT Of MUNICIPAL SERVICES, GRAPHIC REPRODUCTIONS DIVISION, ACCOUNT CODE NO. 505000.420501.6.610; FUNDING APPROVAL. PAGE 45 JULY 24, 2003 R-03-866 MOVED: GONZALEZ SECONDED:SANCHEZ ABSENT: TEELE, REGALADO 30. RESOLUTIONS CONT'D RESOLUTION - (J-03-639) - (APPROVING THE PROVISION OF A SIXTY -MONTH LEASE) APPROVING THE PROVISION OF A SIXTY -MONTH LEASE OF SEVEN (7) XEROX WORKCENTRE PRO 90 COPIERS/PRINTERS AND SOFTWARE FROM THE XEROX CORPORATION, AWARDED UNDER EXISTING PUTNAM COUNTY BID NO. 97-02 AND AGREEMENT NO. 0713981-04, EFFECTIVE THROUGH SEPTEMBER 31, 2004, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY PUTNAM COUNTY, FOR THE DEPARTMENT OF MUNICIPAL SERVICES, GRAPHICS REPRODUCTIONS DIVISION, IN AN ANNUAL AMOUNT NOT TO EXCEED $115,773.12, WITH A CONTINGENCY RESERVE NOT TO EXCEED $21,134.40, FOR THE TOTAL CONTRACT TERM AND AN END OF LEASE BUY-OUT OPTION AT FAIR MARKET VALUE PRICE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; ALLOCATING FUNDS FROM BUDGETS OF THE DEPARTMENTS LISTED ON "ATTACHMENT A," ATTACHED AND INCORPORATED; WITH FUNDING FOR FISCAL YEAR 2004 AND SUBSEQUENT YEARS SUBJECT TO BUDGETARY APPROVAL AS SUCH FUNDING AMOUNTS HAVE YET TO BE APPROVED AND/OR APPROPRIATED AND FUNDING LEVELS HAVE YET TO BE ESTABLISHED. PAGE 46 JULY 24, 2003 R-03-867 MOVED: GONZALEZ SECONDED:SANCHEZ ABSENT: TEELE, REGALADO RESOLUTIONS CONT'D DEPARTMENT OF FINANCE 31. RESOLUTION - (J-03-643) - (REGARDING THE REFINANCING OF A PROJECT FOR THE MIAMI CHILDREN'S MUSEUM, INC.) REGARDING THE REFINANCING OF A PROJECT FOR THE MIAMI CHILDREN'S MUSEUM, INC.; PROVIDING FOR THE ISSUANCE OF REVENUE BONDS OF THE CITY OF MIAMI, FLORIDA, IN THE PRINCIPAL AMOUNT NOT EXCEEDING $5,000,000; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; FINDING IT NECESSARY FOR A NEGOTIATED PLACEMENT OF THE BONDS AND APPROVING THE PLACEMENT OF SAID BONDS WITH ORIX PUBLIC FINANCE LLC ("BOND PURCHASER"); PROVIDING FOR THE PAYMENT OF THE BONDS; APPROVING THE FORM OF AND THE EXECUTION OF CERTAIN DOCUMENTS; PROVIDING CERTAIN OTHER AGREEMENTS AND COVENANTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. DEPARTMENT OF LAW 32. RESOLUTION - (J-03-) - (APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT) APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE UNIVERSITY OF MIAMI. PAGE 47 JULY 24, 2003 R-03-858 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT:REGALADO, TEELE R-03-872 MOVED: SECONDED: ABSTAINED ABSENT: GONZALEZ REGALADO SANCHEZ TEELE RESOLUTIONS CONT'D 33. 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 CONSULTANTS' COMPETITIVE NEGOTIATION ACT ("CCNA") PROCEDURES TO ENGAGE BLISS AND NYITRAY, INC. ("BLISS") AS STRUCTURAL ENGINEERS TO DETERMINE THE LOAD BEARING CAPACITY OF THE ORANGE BOWL; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, IN AN AMOUNT GUARANTEED NOT TO EXCEED $126,000, INCLUSIVE OF FEES AND REIMBURSABLE EXPENSES; ALLOCATING FUNDS FROM PROJECT NO. DEPARTMENT OF RISK MANAGEMENT 34. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MARSH USA, INC. TO PROVIDE VARIOUS RISK MANAGEMENT ASSESSMENT SERVICES, FOR A TOTAL AMOUNT NOT TO EXCEED $141,500.00 FOR ONE YEAR, WITH THE OPTION TO EXTEND FOR ONE (1) ADDITIONAL YEAR; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 515001.624401.6.650. PAGE 48 JULY 24, 2003 R-03-873 MOVED: SECONDED ABSENT: R-03-875 MOVED: SECONDED ABSENT: GONZALEZ REGALADO TEELE REGALADO GONZALEZ TEELE RESOLUTIONS CONT'D 35. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH GALLAGHER BASSETT SERVICES, INC., THE TOP-RANKED FIRM SELECTED AS A RESULT OF THE COMPETITIVE SELECTION PROCESS TO PROVIDE WORKERS COMPENSATION CLAIMS ADMINISTRATION (PART I SERVICES) AND GENERAL, AUTOMOBILE AND PROFESSIONAL LIABILITY CLAIMS ADMINISTRATION SERVICES (PART II SERVICES), FOR AN INITIAL THREE-YEAR PERIOD, WITH THE CITY HAVING THE OPTION TO EXTEND FOR FIVE ADDITIONAL ONE-YEAR PERIODS, WITHOUT FURTHER APPROVAL OF THE CITY COMMISSION, PROVIDED THAT THE -ANY INCREASE IN COMPENSATION DURING THE EXTENDED PERIOD DOES NOT EXCEED THE CONSUMER PRICE INDEX OVER THE IMMEDIATELY PRECEDING YEAR. FUNDS WILL BE ALLOCATED FROM ACCOUNT CODE NO. 515001.624401.6.270 IN AN AMOUNT NOT TO EXCEED THE NEGOTIATED AMOUNT SET FORTH IN "EXHIBIT 2," ATTACHED AND INCORPORATED. PAGE 49 JULY 24, 2003 R-03-876 MOVED: SANC]HEZ SECONDED:GONZALEZ ABSENT: TEELE RESOLUTIONS CONT'D 36. RESOLUTION - (J-03-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, ATTACHED AS EXHIBIT 1 HERETO, WITH PREFERRED GOVERNMENTAL CLAIMS SOLUTIONS (PGCS), THE TOP-RANKED FIRM SELECTED AS A RESULT OF THE COMPETITIVE SELECTION PROCESS AND BROWN & BROWN, INC., D/B/A AMERISYS, TO PROVIDE MANAGED CARE SERVICES FOR ALL OF THE SERVICES RELATED TO THE CITY'S WORKERS COMPENSATION MANAGED CARE CLAIMS, FOR AN INITIAL TERM OF THREE YEARS, WITH THE CITY HAVING THE OPTION TO EXTEND THE TERM FOR FIVE (5) ADDITIONAL ONE (1) YEAR PERIODS, WITHOUT FURTHER APPROVAL OF THE CITY COMMISSION, PROVIDED THE INCREASE IN THE AMOUNT OF COMPENSATION PAYABLE DURING EACH OF THE ADDITIONAL ONE (1) YEAR PERIODS DOES NOT EXCEED CPI. FUNDS WILL BE ALLOCATED FROM ACCOUNT CODE NO. 515001.624401.6.668 IN AN AMOUNT NOT TO EXCEED THE NEGOTIATED AMOUNT SET FORTH IN EXHIBIT 2 HERETO. PAGE 50 JULY 24, 2003 R-03-877 MOVED: SANC]HEZ SECONDED:GONZALEZ ABSENT: TEELE BOARDS AND COMMITTEES 37. RESOLUTION - (APPOINTING CERTAIN INDIVIDUALS) APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: COMMISSIONER GONZALEZ VICE CHAIRMAN TEELE COMMISSIONER REGALADO CHAIRMAN WINTON COMMISSIONER SANCHEZ MAYOR DIAZ PAGE 51 JULY 24, 2003 DEFERRED BOARDS AND COMMITTEES CONT'D 38. RESOLUTION - (APPOINTING CERTAIN INDIVIDUALS) APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: COMMISSION AT -LARGE COMMISSION AT -LARGE COMMISSION AT -LARGE COMMISSION AT -LARGE ROBERT MASRIEH OFF-STREET PARKING AUTHORITY SUE BILLIG COCOANUT GROVE VILLAGE COUNCIL JOHN HOLCOMBE COCOANUT GROVE VILLAGE COUNCIL KATHLEEN MORRIS COCOANUT GROVE VILLAGE COUNCIL VALERIE RICORDI COCOANUT GROVE VILLAGE COUNCIL 39. RESOLUTION - (APPOINTING CERTAIN INDIVIDUALS) APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: COMMISSION AT -LARGE COMMISSION AT -LARGE COMMISSION AT -LARGE COMMISSION AT -LARGE PAGE 52 JULY 24, 2003 DEFERRED 40. 41. BOARDS AND COMMITTEES CONT'D RESOLUTION - (APPOINTING CERTAIN INDIVIDUALS) APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: VICE CHAIRMAN TEELE MAYOR DIAZ RESOLUTION - (APPOINTING CERTAIN INDIVIDUALS) APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: COMMISSIONER REGALADO VICE CHAIRMAN TEELE COMMISSIONER SANCHEZ PAGE 53 JULY 24, 2003 113 110 11 AI'M 11311011111ilwol 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. 42. DISCUSSION CONCERNING THE CURRENT PROCESS FOR DEALING WITH ABANDONED BUILDINGS. 43. DISCUSSION CONCERNING A STATUS REPORT ON THE BUS BENCH ISSUE. 44. DISCUSSION CONCERNING THE CITY OF MIAMI LICENSING PRACTICES. 45. DISCUSSION CONCERNING THE STATUS OF COMPLIANCE FOR THE PARKING LOT ACROSS FROM MIAMI ARENA. (This item was deferred from the meeting of May 22, 2003) PAGE 54 JULY 24, 2003 DEFERRED BY MOTION -03-888 MOVED: SANCHEZ SECONDED:REGALADO ABSENT: TEELE DEFERRED BY MOTION -03-888 MOVED: SANCHEZ SECONDED:REGALADO ABSENT: TEELE DEFERRED BY MOTION -03-888 MOVED: SANCHEZ SECONDED:REGALADO ABSENT: TEELE DEFERRED BY MOTION -03-888 MOVED: SANCHEZ SECONDED:REGALADO ABSENT: TEELE Part B The Following Items Shall Not Be Considered Before 3:00 pm ITEM PZ 1 RESOLUTION — (J-03-602) REQUEST: Major Use Special Permit for the Metropolis Project LOCATION: Approximately 1852 and 1900 North Bayshore Drive APPLICANT(S): Terra-Adi International, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval with conditions* on June 18, 2003 by a vote of 9-0. ZONING BOARD: N/A. *See supporting documentation. PETITION: Consideration of approving with conditions, a Major Use Special Permit pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, as amended, for The Metropolis Project, to be comprised of a mixed-use/residential building with up to 752 units, 8,470 square feet of commercial use; recreational amenities and 845 parking spaces. PURPOSE: This will allow a mixed-use phased development in a commercial area. PAGE 55 JULY 24, 2003 R-03-879 MOVED: WINTON SECONDED: REGALADO ABSENT: TEELE ITEM PZ 2 RESOLUTION - (J-03-595) REQUEST: Closing, Vacating, Abandoning and Discontinuing a Portion of a Public Right -of -Way LOCATION: Portion of Approximately SW 52"d Court Located at the NW Corner of the Intersection of SW 8th Street and SW 52"d Court APPLICANT(S): M.E.D. of Miami, LLC APPLICANT(S) AGENT: Jorge E. Leon, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: Recommended approval on June 16, 2003 to the City Commission by a vote of 9-0. 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. PAGE 56 JULY 24, 2003 R-03-883 MOVED: REGALADO SECONDED: SANCBEZ ABSENT: TEELE ITEM PZ 3 RESOLUTION — {J-03-596 (a) & J-03-596 (b)} REQUEST: Appeal of a Zoning Board Decision of Special Exception LOCATION: Approximately 2415 NW 16th Street Road APPLICANT(S): River Run South Apartments, Inc. APPLICANT(S) AGENT: Jorge Muniz, President APPELLANT(S): Jordan Monocandilos, Neighboring Property Owner APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial of the appeal and approval with a condition* of the special exception. PUBLIC WORKS DEPARTMENT: Platting is required. PLAT & STREET COMMITTEE: Platting is required. MIAMI RIVER COMMISSION (MRC): Referred to the MRC on June 30, 2003. Pending recommendation from the MRC at its September meeting. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: Approved the special exception with conditions* by a vote of 9-0 on May 19, 2003. This is a companion to Item PZ 4. *See supporting documentation. PETITION: PURPOSE: This special exception will allow a multifamily development. PAGE 57 JULY 24, 2003 CONTINUED TO SEPTEMBER 25, 2003 BY MOTION -03-882 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE ITEM PZ 4 RESOLUTION — {J-03-597 (a) & J-03-597 (b)} REQUEST: Appeal of a Zoning Board Decision of Variance LOCATION: Approximately 2415 NW 16th Street Road APPLICANT(S): River Run South Apartments, Inc. APPLICANT(S) AGENT: Jorge Muniz, President APPELLANT(S): Jordan Monocandilos, Neighboring Property Owner APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial of the appeal and upholding the decision approved by the Zoning Board. PUBLIC WORKS DEPARTMENT: Platting is required. PLAT & STREET COMMITTEE: Platting is required. MIAMI RIVER COMMISSION (MRC): Referred to the MRC on June 30, 2003. Pending recommendation from the MRC at its September meeting. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: Approved the variance with a condition* by a vote of 8- 1 on May 19, 2003. This is a companion to Item PZ 3. *See supporting documentation. PETITION: PURPOSE: This variance will allow a multifamily residential development with no required side yard. PAGE 58 JULY 24, 2003 CONTINUED TO SEPTEMBER 25, 2003 BY MOTION -03-882 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE ITEM PZ 5 RESOLUTION — (J-03-601) REQUEST: To Amend Ordinance No. 11000 Text LOCATION: Coral Way APPLICANT(S): Joe Arriola, Chief Administrator APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval in concept. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval on July 15, 2003 to the City Commission. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended approval in principle on June 18, 2003 to City Commission by a vote of 7-0. ZONING BOARD: N/A. PETITION: PURPOSE: This will approve the Coral Way Master Plan as a guiding tool. PAGE 59 JULY 24, 2003 R-03-884 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: TEELE ITEM PZ 6 FIRST READING ORDINANCE - (J-03-524) REQUEST: To Amend Ordinance No. 10544, from "High Density Multifamily Residential' to "Restricted Commercial' to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1770 North Bayshore Drive APPLICANT(S): Baywatch Apartments, Inc. and MFJ Construction Corp. APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire 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 21, 2003 to the City Commission by a vote of 8-0. ZONING BOARD: See companion Item PZ 7. PETITION: PURPOSE: This will allow a unified commercial development site. PAGE 60 JULY 24, 2003 DENIED BY MOTION -03-885 MOVED: WINTON SECONDED: REGALADO ABSENT: TEELE ITEM PZ 7 FIRST READING ORDINANCE — (J-03-598) REQUEST: To Amend Ordinance No. 11000, from R-4 Multifamily High -Density Residential to SD -6 Central Commercial - Residential District to Change the Zoning Atlas LOCATION: Approximately 1770 North Bayshore Drive APPLICANT(S): Baywatch Apartments, Inc. and MFJ Construction Corp. APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire 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 6. ZONING BOARD: Recommended approval on June 18, 2003 to the City Commission by a vote of 9-0. PETITION: PURPOSE: This will allow a unified commercial development site. PAGE 61 JULY 24, 2003 DENIED BY MOTION -03-886 MOVED: WINTON SECONDED: REGALADO ABSENT: TEELE ITEM PZ 8 FIRST READING ORDINANCE — (J-03-599) REQUEST: To Amend Ordinance 11000, from R-2 Two -Family Residential to R-2 Two -Family Residential with an SD -12 Buffer Overlay District to Change the Zoning Atlas LOCATION: APPLICANT(S): APPLICANT(S) AGENT: APPELLANT(S) APPELLANT(S): AGENT: FINDINGS: Approximately 3150, 3160, 3138-40 SW 21" Terrace Coral Way Medical Group, LLC and Herminia Diaz, Owner Pedro R. Carrillo, Esquire N/A. N/A. PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: No comments. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: Recommended denial to City Commission on June 2, 2003 by a vote of 6-3. PETITION: Consideration of amending page no. 40 of the Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations by changing the zoning classification from R-2 Two -Family Residential to R-2 Two -Family Residential with an SD -12 Buffer Overlay District. PURPOSE: This will apply the SD -12 Buffer Overlay District to the Two -Family residential zoned properties listed above. PAGE 62 JULY 24, 2003 DENIED BY MOTION -03-887 MOVED: REGALADO SECONDED: SANCHEZ ABSENT: TEELE ITEM PZ 9 FIRST READING ORDINANCE - (J-03-609) REQUEST: To Amend Ordinance No. 11000 Text LOCATION: N/A. APPLICANT(S): Joe Arriola, Chief Administrator 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 with conditions* on June 18, 2003 to the City Commission by a vote of 6-0. This is a companion to Item PZ 10. ZONING BOARD: N/A. *See supporting documentation. PETITION: PURPOSE: This will create the NCD -2 Grand Avenue Corridor Neighborhood Conservation Overlay District. PAGE 63 JULY 24, 2003 FIRST READING ORDINANCE (MODIFIED) MOVED: WINTON SECONDED: REGALADO ABSENT: TEELE ITEM PZ 10 FIRST READING ORDINANCE - (J-03-600) REQUEST: To Amend Ordinance 11000, from R-2 Duplex Residential, O Office and SD -2 Coconut Grove Central Commercial District to R-2 Duplex Residential, O Office and SD -2 Coconut Grove Central Commercial District with an NCD -2 Grand Avenue Corridor Neighborhood Conservation Overlay District LOCATION: Along the Grand Avenue Corridor Approximately Bounded by Commodore Plaza and McDonald Streets to the East, Brooker and Jefferson Streets to the West, Fronting on Grand Avenue APPLICANT(S): Planning and Zoning Department APPLICANT(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 with conditions* on June 18, 2003 to City Commission by a vote of 6-0. This is a companion to Item PZ 9. ZONING BOARD: N/A. *See supporting documentation. PETITION: PURPOSE: This will add an NCD -2 Grand Avenue Corridor Neighborhood Conservation Overlay District to the above listed properties. PAGE 64 JULY 24, 2003 FIRST READING ORDINANCE MOVED: WINTON SECONDED: GONZALEZ ABSENT: TEELE ITEM PZ I I FIRST READING ORDINANCE - (J-03-603) REQUEST: To Amend Ordinance No. 11000 Text LOCATION: N/A. APPLICANT(S): Joe Arriola, Chief Administrator 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 June 4, 2003 to the City Commission by a vote of 9-0. ZONING BOARD: N/A. PETITION: PURPOSE: This will amend the text of Zoning Ordinance No. 11000, as amended, and add distance limitations between Public Storage Facilities in the C-1 Restricted Commercial zoning districts. PAGE 65 JULY 24, 2003 FIRST READING ORDINANCE MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE ITEM PZ 12 FIRST READING ORDINANCE - (J-03-604) REQUEST: To Amend Ordinance No. 11000 Text LOCATION: N/A. APPLICANT(S): Joe Arriola, Chief Administrator 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 July 16, 2003 to the City Commission by a vote of 6-0. ZONING BOARD: N/A. PETITION: PURPOSE: This will rescind and re-enact certain amendments to the Comprehensive Plan. PAGE 66 JULY 24, 2003 CONTINUED TO SEPTEMBER 25, 2003 MOTION -03-878 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: TEELE PAGE 67 JULY 24, 2003 SUPPLEMENTAL AGENDA CITY COMMISSION MEETING J U LY 24, 2003 SUPPLEMENTAL AGENDA S1. MR. KEITH IVORY, RESIDENTS IN ACTION FOR SAFETY AND HEALTH (R.A.S.H.) TO ADDRESS THE COMMISSION CONCERNING RODENT INFESTATION CONTROL ABATEMENT AND ABANDONED BUILDINGS WITHIN THE CITY OF MIAMI. ADMINISTRATION RECOMMENDATION: TO BE DISCUSSED S2. MR. BRUCE L. HAMERSTROM, PRESIDENT OF THE OAKLAND GROVE NEIGHBORHOOD IMPROVEMENT ASSOCIATION, INC. TO ADDRESS THE COMMISSION CONCERNING A CHARRETTE IN THEIR NEIGHBORHOOD. S3 S4 PAGE 68 JULY 24, 2003 DISCUSSED DISCUSSED PAGE 69 JULY 24, 2003 DISTRICT 2 CHAIRMAN WINTON S-A. DISCUSSION CONCERNING THE USE OF BOND DISCUSSED PROCEEDS FOR BALLET GAMONET IN DOWNTOWN MIAMI. DISTRICT 4 COMMISSIONER TOMAS REGALADO S-A. DISCUSSION CONCERNING THE SENIOR IMMUNIZATION PROJECT. S -B. DISCUSSION CONCERNING PROVIDING USE OF THE CITY OF MIAMI SNOWMOBILE AND IN-KIND SERVICES TO THE FESTIVAL OF SANTO DOMINGO GUZMAN, SAINT PATRON OF NICARAGUA, SCHEDULED TO BE HELD ON AUGUST 10, 2003. PAGE 70 JULY 24, 2003 NOT TAKEN UP MOTION -03-895 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: TEELE DISTRICT 5 VICE-CHAIRMAN ARTHUR E. TEELE , JR S-A. DISCUSSION AND MOTION RELATING TO THE DEMOLITION OF THE RESIDENCE OWNED BY ELDERLY COUPLE, MR. AND MRS. JAMES AND ELLA THOMAS WHICH WAS LOCATED AT 5939 N.W. FIFTH COURT. (This item was deferred from the meetings of June 12, and July 17, 2003) PAGE 71 JULY 24, 2003 NOT TAKEN UP S-5. RESOLUTIONS RESOLUTION - (J-03-) - (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. 02-03-139 THAT THE MOST QUALIFIED FIRMS TO PROVIDE FEDERAL GOVERNMENT LOBBYING SERVICES IS THE JOINT VENTURE OF KATZ, KUTTER, ALDERMAN & BRYANT, P.A. AND PATTON BOGGS, LLP.; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID FIRMS, FOR AN INITIAL ONE-YEAR PERIOD, WITH AN OPTION TO EXTEND THE AGREEMENT FOR FOUR ADDITIONAL ONE-YEAR PERIODS, SUBJECT TO TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT; INCLUSIVE OF EXPENSES, IN AN ANNUAL AMOUNT NOT TO EXCEED $300,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.920216.6.270, SUBJECT TO BUDGETARY APPROVAL. S-6. RESOLUTION - (J-03-586) - (ACCEPTING BID) ACCEPTING THE BID OF MOBILE MINI, INC., (NOW MINORITY/MIAMI-DADE COUNTY VENDOR, 17707 N.W. MIAMI COURT, NORTH MIAMI, FLORIDA) FOR THE PURCHASE OF FIVE METAL STORAGE CONTAINERS, FOR THE DEPARTMENT OF MUNICIPAL SERVICES, FLEET MANAGEMENT DIVISION, FOR A TOTAL AMOUNT NOT TO EXCEED $62,298.40; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROGRAM, PROJECT NO. 311702.429401.6.840. (This item was deferred from the meeting of July 17, 2003) PAGE 72 JULY 24, 2003 R-03-880 MOVED: SANCHEZ SECONDED: GONZALEZ ABSENT: TEELE R-03-909 MOVED: WINTON SECONDED: SANCHEZ ABSENT: TEELE RESOLUTIONS CONT'D S-7. RESOLUTION - (J-03-) - PROPERTIES) (4/5THS VOTE) (APPROVING ACQUISITION OF APPROVING THE ACQUISITION OF THE PROPERTIES LISTED ON "ATTACHMENT 1," ATTACHED AND INCORPORATED, ON BEHALF OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST SUBJECT TO THE APPROPRIATE PROVISIONS; ALLOCATING FUNDS DESIGNATED FOR THE MODEL CITY TRUST IN THE BUDGET FOR FISCAL YEAR 2003. PAGE 73 JULY 24, 2003 R-03-871 (MODIFIED) MOVED: REGALADO SECONDED: WINTON ABSENT: TEELE MAYOR MANUEL A. DIAZ CHAIRMAN JOHNNY L. WINTON VICE-CHAIRMAN ARTHUR E. TEELE JR. COMMISSIONER ANGEL GONZALEZ COMMISSIONER TOMAS REGALADO COMMISSIONER JOE SANCHEZ CII Y MANAGER JOE ARRIOLA CITY ATTORNEY ALEJANDRO VILARELLO CITY CLERK PRISCILLA A. THOMPSON VIEW THIS AGENDA AT: hftp://www.ci.miami.fl.us CITY COMMISSION AGENDA SUPPLEMENTAL AGENDA CITY COMMISSION MEETING JULY 24, 2003 SUPPLEMENTAL AGENDA S1. MR. KEITH IVORY, RESIDENTS IN ACTION FOR SAFETY AND HEALTH (R.A.S.H.) TO ADDRESS THE COMMISSION CONCERNING RODENT INFESTATION CONTROL ABATEMENT AND ABANDONED BUILDINGS WITHIN THE CITY OF MIAMI. ADMINISTRATION RECOMMENDATION: TO BE DISCUSSED S2. MR. BRUCE L. HAMERSTROM, PRESIDENT OF THE OAKLAND GROVE NEIGHBORHOOD IMPROVEMENT ASSOCIATION, INC. TO ADDRESS THE COMMISSION CONCERNING A CHARRETTE IN THEIR NEIGHBORHOOD. S3. S4. PAGE 67 JULY 24, 2003 DISCUSSED DISCUSSED PAGE 68 JULY 24, 2003 DISTRICT 2 CHAIRMAN WINTON S-A. DISCUSSION CONCERNING THE USE OF BOND DISCUSSED PROCEEDS FOR BALLET GAMONET IN DOWNTOWN MIAMI, S-A. DISTRICT 4 COMMISSIONER TOMAS REGALADO DISCUSSION CONCERNING THE SENIOR IMMUNIZATION PROJECT. S -B. DISCUSSION CONCERNING PROVIDING USE OF THE CITY OF MIAMI SNOWMOBILE. AND IN-KIND SERVICES TO THE FESTIVAL OF SANTO DOMINGO GUZMAN, SAINT PATRON OF NICARAGUA, SCHEDULED TO BE HELD ON AUGUST 10, 2003. PAGE 69 JULY 24, 2003 NOT TAKEN UP MOTION -03-895 MOVED: REGALADO SECONDED: GONZALEZ ABSENT: TEELE DISTRICT 5 VICE-CHAIRMAN ARTHUR E. TEELE , JR S-A. DISCUSSION AND MOTION RELATING TO THE DEMOLITION OF THE RESIDENCE OWNED BY ELDERLY COUPLE, MR. AND MRS. JAMES AND ELLA THOMAS WHICH WAS LOCATED AT 5939 N.W. FIFTH COURT. (This item was deferred from the meetings of June 12, and July 17, 2003) PAGE 70 JULY 24, 2003 NOT TAKEN UP S-5. RESOLUTIONS RESOLUTION - (J-03-) - (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. 02-03-139 THAT THE MOST QUALIFIED FIRMS TO PROVIDE FEDERAL GOVERNMENT LOBBYING SERVICES IS THE JOINT VENTURE OF KATZ, KUTTER, ALDERMAN & BRYANT, P.A. AND PATTON BOGGS, LLP.; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID FIRMS, FOR AN INITIAL ONE-YEAR PERIOD, WITH AN OPTION TO EXTEND THE AGREEMENT FOR FOUR ADDITIONAL ONE-YEAR PERIODS, SUBJECT TO TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT; INCLUSIVE OF EXPENSES, IN AN ANNUAL AMOUNT NOT TO EXCEED $300,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.920216.6.270, SUBJECT TO BUDGETARY APPROVAL. S-6. RESOLUTION - (J-03-586) - (ACCEPTING BID) ACCEPTING THE BID OF MOBILE MINI, INC., (NON- MINORITY/MIAMI-DADE COUNTY VENDOR, 17707 N.W. MIAMI COURT, NORTH MIAMI, FLORIDA) FOR THE PURCHASE OF FIVE METAL STORAGE CONTAINERS, FOR THE DEPARTMENT OF MUNICIPAL SERVICES, FLEET MANAGEMENT DIVISION, FOR A TOTAL AMOUNT NOT TO EXCEED $62,298.40; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROGRAM, PROJECT NO. 311702.429401.6.840. (This item was deferred from the meeting of July 17, 2003) PAGE 71 JULY 24, 2003 R-03-880 MOVED: SECONDED ABSENT: R-03-909 MOVED SANCHEZ GONZALEZ TEELE WINTON SECONDED:SANCHEZ ABSENT: TEELE RESOLUTIONS CONT'D S-7. RESOLUTION - (J-03-) - PROPERTIES) (4/5THS VOTE) (APPROVING ACQUISITION OF APPROVING THE ACQUISITION OF THE PROPERTIES LISTED ON "ATTACHMENT I," ATTACHED AND INCORPORATED, ON BEHALF OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST SUBJECT TO THE APPROPRIATE PROVISIONS; ALLOCATING FUNDS DESIGNATED FOR THE MODEL CITY TRUST IN THE BUDGET FOR FISCAL YEAR 2003. PAGE 72 JULY 24, 2003 R-03-871 (MODIFIED) MOVED: REGALADO SECONDED: WINTON ABSENT: TEELE PROTOCOL PROGRAM FOR COMMISSION MEETING Thursday, July 24, 2003 Agenda Items 9:00 AM Name of Honoree Presenter Protocol Item Miami -Kagoshima Sister Cities Student Exchange Aya Miura Chairman Winton Outstanding Visiting Student Ayaka Kimura Chairman Winton Outstanding Visiting Student Akane Sakasegawa Chairman Winton Outstanding Visiting Student Shiho Haruguchi Chairman Winton Outstanding Visiting Student Fumiya Shinohara Chairman Winton Outstanding Visiting Student Nana Yonemori Chairman Winton Outstanding Visiting Student Yuki Sonoda Chairman Winton Outstanding Visiting Student Koichi Nagasato ,;� Chairman Winton Outstanding Visiting Student Shuhei Kawano Chairman Winton Outstanding Visiting Student Motohiro Okada Chairman Winton Outstanding Visiting Student Hosting Families for Miami -Kagoshima Sister Cities Student Exchange Jimmy and Rocio Roland Chairman Winton Certificate of Appreciation Wenceslao and Olga Fernandez Chairman Winton Certificate of Appreciation Kerry and Nancy Herndon Chairman Winton Certificate of Appreciation Jose and Ada Ugarte Chairman Winton Certificate of Appreciation Andre and Graciela Morejon Chairman Winton Certificate of Appreciation Kevin and Valerie Hurley Chairman Winton Certificate of Appreciation Toru and Elisa Niina Chairman Winton Certificate of Appreciation Grady and Yayoi Neale Chairman Winton Certificate of Appreciation Jeremy and Susan Hart Chairman Winton Certificate of Appreciation Dale and Nancy Quartin Chairman Winton Certificate of Appreciation Mr. and Mrs. Richard Goodman Chairman Winton Certificate of Appreciation Marky's Caviar Chairman Winton Salute Thiken Busters" Pablo Canton Bill Borges Orlando del Valle Chief Virgil Fernandez Lt. Seth Edge Lt. Jose Paz Osvaldo Iglesias Nelson Rivera Mike Trebilcock All-American City The City of Miami Beach Chairman Winton Chairman Winton Chairman Winton Chairman Winton Chairman Winton Chairman Winton Chairman Winton Chairman Winton Chairman Winton Commissioner Regalado Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Proclamation