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HomeMy WebLinkAboutCC 2002-01-10 Marked Agendaa CITY MANAGER CARLOS A. GIMENEZ CITY ATTORNEY ALEJANDRO VILARELLO CITY CLERK WALTER J. FOEMAN VIEW THIS AGENDA AT: http;//www.ci.miami.fl.us CITY COMMISSION AGENDA MEETING DATE: JANUARY 10 2002 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 .LAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A PEAKER 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 COMMISSION MEETING * 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 quests at least two business days before the meeting date. he 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. 87-116 MAYOR MANUEL A, DIAZ CHAIRMAN TOMAS REGALADO . VICE-CHAIRMAN COMMISSIONER JOHNNY L. WINTON ANGEL GONZALEZ COMMISSIONER JOE SANCHEZ COMMISSIONER ARTHUR E. TEELE JR. a CITY MANAGER CARLOS A. GIMENEZ CITY ATTORNEY ALEJANDRO VILARELLO CITY CLERK WALTER J. FOEMAN VIEW THIS AGENDA AT: http;//www.ci.miami.fl.us CITY COMMISSION AGENDA MEETING DATE: JANUARY 10 2002 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 .LAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A PEAKER 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 COMMISSION MEETING * 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 quests at least two business days before the meeting date. he 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. 87-116 PAGE 2 JANUARY 10, 2002 9:00 AM PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES CONSENT AGENDA Item 1 which is comprised of items CA -1 through CA -25 has been scheduled to be heard in the ordered sequence or as announced by the Commission MAYOR AND COMMISSIONERS' ITEMS GENERAL LEGISLATIVE ITEMS Items 1 through 21 may be heard in the numbered sequence or as announced by the Commission BOARDS AND COMMITTEES ITEMS Items 22 through 26 may be heard in the numbered sequence or as announced by the Commission AN ATTORNEY-CLIENT SESSION. (CLOSED TO THE , PUBLIC) DISCUSSION ITEMS Items 27 through 31 may be heard in the numbered sequence or as announced by the Commission SPECIALLY SCHEDULED ITEMS Items 32 through 33 may be heard at 5:00 p.m. or as announced by the Commission PART B BEGINNING AT 3:00 PM PLANNING AND ZONING ITEM PZ -1 • MEETING DATE: JANUARY 10 2002 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 COMMISSION MEETING- * 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 OFTHE 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. w w * w + w w w w * * w * 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 JANUARY 10, 2002 9:00 AM PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES CONSENT AGENDA Item 1 which is comprised of items CA -1 through CA -25 has been scheduled to be heard in the ordered sequence or as announced by the Commission MAYOR AND COMMISSIONERS' ITEMS GENERAL LEGISLATIVE ITEMS Items 1 through 21 may be heard in the numbered sequence or as announced by the Commission BOARDS AND COMMITTEES ITEMS Items 22 through 26 may be heard in the numbered sequence or as announced by the Commission AN ATTORNEY-CLIENT SESSION (CLOSED TO THE PUBLIC) DISCUSSION ITEMS Items 27 through 31 may be heard in the numbered sequence or as announced by the Commission SPECIALLY SCHEDULED ITEMS Items 32 through 33 may be heard at 5:00 p.m. or as announced by the Commission PART B BEGINNING AT 3:00 PM PLANNING AND ZONING ITEM PZ -1 FOR ADOPTED LEGISLATION NOT APPEARING AS PART OF THIS PRINTED AGENDA, KINDLY REFER TO THE CITY CLERK'S REPORT, ATTACHED HERETO. r -- LJ 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE A. PRESENTATIONS & PROCLAMATIONS Al. 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. B. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: • PLANNING & ZONING MEETING OF SEPTEMBER 28, 2000 • REGULAR COMMISSION MEETING OF OCTOBER 12, 2000 • PLANNING AND ZONING MEETING OF OCTOBER 26, 2000 • REGULAR AND PLANNING & ZONING MEETING OF NOVEMBER 16, 2000 • REGULAR AND PLANNING & ZONING MEETING OF DECEMBER 14, 2000 • REGULAR MEETING OF JANUARY 11, 2001 • REGULAR AND PLANNING & ZONING MEETING OF JANUARY 25, 2001 • PAGE JANUARY 10, 2002 DELIVERED NONE NONE APPROVED MOVED: SANCHEZ SECONDED: WINTON UNANIMOUS 1. CA -1. 0 0 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 -25 constitute the Consent A enda. These resolutions are self-explanatory and are not expected to require additional review or discussion. Each item will be recorded as individually numbered resolutions, adopted unanimously by the following motion: .. that the Consent Agenda comprised of items CA -1 through CA -25 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-02-012) - (ACCEPTING BID) ACCEPTING THE BID OF JIREH JANITORIAL SERVICE, INC.(HISPANICIMIAMI-DADS COUNTY VENDOR, 3121 N.W. 100TH PLACE, MIAMI, FLORIDA) THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO, 00-01-2391, DATED OCTOBER 3, 2001, FOR THE ACQUISITION OF CUSTODIAL SERVICES, ON A CONTRACT BASIS, FOR THE DEPARTMENT OF PARKS AND RECREATION DISABILITIES PROGRAM FOR A PERIOD OF ONE YEAR WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $6,323.52; ALLOCATING FUNDS FROM FISCAL YEAR 2002 GENERAL FUND ACCOUNT. ' Amended 5-15-03 (bid number erroneously listed as 00-01-164) PAGE 4 JANUARY 10, 2002 R-02-02 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS CA -2, CA -3 CONSENT AGENDA CONT'D RESOLUTION - (J-02-019) - (ACCEPTING BID) ACCEPTING THE BID OF LASER PRODUCTION NETWORK, (NON-MINORITY/MIAMI-DADS COUNTY VENDOR, 20209 N.E. 15 CT, NORTH MIAMI, FLORIDA) THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-36, DATED OCTOBER 22, 2001, FOR THE PROVISION OF REHABILITATION, RETROFITTING AND REPROGRAMMING SERVICES FOR THE LASER TOWER AT BAYFRONT PARK, IN AN AMOUNT NOT TO EXCEED $118,629; ALLOCATING FUNDS FROM THE BAYFRONT PARK MANAGEMENT TRUST CAPITAL IMPROVEMENT BUDGET. RESOLUTION - (J-02-020) - (ACCEPTING BID) ACCEPTING THE BID OF PREFERRED CONTRACTORS OF SOUTH FLORIDA, (NON- MINORITY/LOCAL VENDOR, 782 NW 42ND AVENUE, SUITE 4, MIAMI, FLORIDA) THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01.247, DATED OCTOBER 15, 2001, FOR THE PROVISION OF WATER LEAK REPAIR SERVICES AT BAYFRONT PARK, IN AN AMOUNT NOT TO EXCEED $10,690; ALLOCATING FUNDS FROM THE BAYFRONT PARK MANAGEMENT TRUST CAPITAL IMPROVEMENT BUDGET. PAGE 5 JANUARY 10, 2002 R-02-03 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS R-02-04 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS CA -4. CA -5 0 is CONSENT AGENDA CONT'D RESOLUTION - (J-02-003) - (ACCEPTING BID) ACCEPTING THE BID OF WEISS AND WOOLRICH, (NON-MINORITY/NON-LOCAL VENDOR, 1431 S.W. 30T" AVENUE, DEERFIELD BEACH, FLORIDA) THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-282, DATED OCTOBER 15, 2001, FOR REPLACEMENT OF THE ROOFS OF THE AMPHITHEATER AND FOUNTAIN CONTROL BOOTH AT BAYFRONT PARK, IN AN AMOUNT NOT TO EXCEED $48,000; ALLOCATING FUNDS FROM THE BAYFRONT PARK MANAGEMENT TRUST CAPITAL IMPROVEMENT BUDGET. RESOLUTION - (J-02-004) - (ACCEPTING BID) ACCEPTING THE BID OF JULES BROTHERS UNIFORMS, INC., (NON-MINORITY/LOCAL VENDOR, 8340 BISCAYNE BOULEVARD, MIAMI, FLORIDA) THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 01-02-009R, DATED NOVEMBER 14, 2001, FOR THE ACQUISITION OF UNIFORM CLOTHING FOR THE DEPARTMENT OF PURCHASING, TO BE USED BY VARIOUS CITY DEPARTMENTS, ON AN AS NEEDED CONTRACT BASIS, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE- YEAR PERIODS; ALLOCATING FUNDS FROM EACH OF THE GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, AUTHORIZING PURCHASES AS NEEDED, SUBJECT TO AVAILABILITY OF FUNDS. PAGE 6 JANUARY 10, 2002 R-02-05 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS R-02-06 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS CA -6. CA -7. C� CONSENT AGENDA CONT'D 0 RESOLUTION - (J-02-021) - (APPROVING ACQUISITION) APPROVING THE ACQUISITION OF INSPECTION AND CERTIFICATION SERVICES FOR AERIAL DEVICES AND GROUND LADDERS FROM UNDERWRITERS LABORATORIES, INC. FOR THE DEPARTMENT OF FIRE -RESCUE, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. IB5439-4106-OTW-SW, EFFECTIVE THROUGH JULY 31, 2002, WITH THE OPTION TO RENEW FOR FOUR ADDITIONAL YEARS, AND ANY EXTENSIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $10,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.280701.6.670. RESOLUTION - (J-02-014) - (AUTHORIZING ACQUISITION) AUTHORIZING THE ACQUISITION OF MOBILE SHREDDING SERVICES FOR ON SITE SHREDDING OF CONFIDENTIAL DOCUMENTS THAT ARE NOT PUBLIC RECORDS FOR THE DEPARTMENT OF POLICE FROM SHRED -IT MIAMI, (NON-MINORITYINON-LOCAL VENDOR, 1500 NW 1ST STREET, UNIT 1D, MIAMI, FLORIDA) UNDER EXISTING STATE OF FLORIDA SNAPS II AGREEMENT NO, 9912023-2, EFFECTIVE UNTIL JUNE 14, 2002, AND ANY EXTENSIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $7,800; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET. PAGE 7 JANUARY 10, 2002 R-02.07 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS R-02-08 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS CA -8. CA -9. CA -10. • CONSENT AGENDA CONT'D WITHDRAWN C� RESOLUTION - (J-02-) - (AUTHORIZING THE EXTENSION OF TIME) AUTHORIZING THE EXTENSION OF TIME FOR KAPUSTIN CORPORATION TO DETERMINE A JOINT PARTNERSHIP FOR THE REDEVELOPMENT OF A PROPERTY INTO AN AFFORDABLE HOUSING CONDOMINIUM PROJECT KNOWN AS FLAGLER FIRST CONDOMINIUM LOCATED AT 101 EAST FLAGLER STREET, MIAMI, FLORIDA; AND ESTABLISHING A NEW DEADLINE OF FEBRUARY 28TH, 2002. RESOLUTION - (J-02-013) - (AMENDING RESOLUTION NO. 00-905) AMENDING RESOLUTION NO. 00-905, ADOPTED OCTOBER 26, 2000, TO CORRECT THE CONTRACT AMOUNT FROM A TOTAL AMOUNT TO AN ANNUAL AMOUNT. PAGE 8 JANUARY 10, 2002 R-02-09 MOVED: TEELE SECONDED:GONZALEZ UNANIMOUS R-02-10 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS CA -11. CA -12. CA -13. CA -14. CONSENT AGENDA CONT'D WITHDRAWN RESOLUTION - (J-02-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH NMMA BOAT SHOWS, INC. FOR THE USE OF DOCKAGE SPACE AT MIAMARINA AT BAYSIDE FOR THE PRESENTATION OF THE STRICTLY SAIL VENUE OF THE MIAMI INTERNATIONAL BOAT SHOW FROM FEBRUARY 10 THROUGH FEBRUARY 21, 2002, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. WITHDRAWN WITHDRAWN PAGF 9 JANUARY 10, 2002 R-02-11 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS CA -15. CONSENT AGENDA CONT'D RESOLUTION - (J-02-) - (RESCINDING RESOLUTION 01-269) RESCINDING RESOLUTION 01-269, WHICH AUTHORIZED THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT WITH NEW ARENA SQUARE NORTH & SOUTH, LTD. FOR USE OF SPACE 110 IN THE OVERTOWN SHOPPING CENTER LOCATED AT 1490 NW 3 R1 AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH DIAPERS EMPOWERMENT ZONE NEW MARKETS, LLC. ("LICENSEE"), FOR THE USE OF APPROXIMATELY 1,167 SQUARE FEET OF SAID SPACE IN THE OVERTOWN SHOPPING CENTER LOCATED AT 1490 NW 3g° AVENUE, FOR A DISCOUNT DIAPER RETAIL STORE ON A MONTH-TO-MONTH BASIS, WITH LICENSEE PAYING $6.50 PER SQUARE FOOT TO THE CITY OF MIAMI, EQUALING ($632.13) PLUS STATE USE TAX, AND FOUR PERCENT OF MONTHLY GROSS SALES IN EXCESS OF $35,000 PLUS STATE USE TAX, IF APPLICABLE, AND GRANTING LICENSEE A SIX MONTH ABATEMENT OF THE MONTHLY FEE AND THE ADDITIONAL MONTHLY FEE, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. PAGE 10 JANUARY 10, 2002 R-02-12 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS CA -16. CA -17. CONSENT AGENDA CONT'D RESOLUTION - (J-02-) - (AMENDING RESOLUTION NO. 01-434) AMENDING RESOLUTION NO. 01-434, TO INCREASE THE AMOUNT OF FUNDING ALLOCATED FOR THE CORAL WAY BEAUTIFICATION PROJECT, IN THE AMOUNT OF $25,000, FROM $75,000 TO $100,000, TO COVER THE COSTS OF EXPANDING THE PROJECT AREA TO INCLUDE SOUTHWEST 1S7 TO 12TH AVENUES, MIAMI, FLORIDA, AND TO IDENTIFY THE FUNDING SOURCE FOR THE PROJECT; ALLOCATING FUNDS FOR THE INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO, 344102, ENTITLED "DEVELOPMENT PROJECTS CONSULTANTS." RESOLUTION - (J-02-) - (AMENDING RESOLUTION NO. 00-867) AMENDING RESOLUTION NO. 00-867, ADOPTED SEPTEMBER 28, 2000, WHICH ESTABLISHED THE HOUSING AND COMMERCIAL LOAN COMMITTEE ("COMMITTEE"); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPROVEMISAPPROVE SUBORDINATION AGREEMENTS, LOAN RESTRUCTURING AND/OR LOAN REPAYMENT PLANS FOR SPECIFIC HOUSING LOANS/GRANTS PROVIDED THROUGH THE CITY'S SINGLE FAMILY REHABILITATION AND HOMEBUYERS FINANCING PROGRAMS; FURTHER APPROVING AND ESTABLISHING A POLICY THAT THE ATTENDANCE OF FIVE (5) MEMBERS OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE WOULD CONSTITUTE A QUORUM FOR THE PURPOSE OF CONDUCTING A COMMITTEE MEETING. PAGE 11 JANUARY 10, 2002 R-02-13 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS R-02-14 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS CA -18. CA -19. • PAGE 12 JANUARY 10, 2002 CONSENT AGENDA CONT'D RESOLUTION - (J-02-) - (AMENDING RESOLUTION NO. 01-869) AMENDING RESOLUTION NO. 01-869, ADOPTED SEPTEMBER 13, 2001, FOR THE ACQUISITION OF REMOVAL AND DISPOSAL SERVICES FOR DERELICT VESSELS WITHIN THE CITY OF MIAMI WATERWAYS FROM VARIOUS VENDORS, TO REFLECT AN AMENDMENT ISSUED BY MIAMI-DADE COUNTY TO INCLUDE AN ADDITIONAL VENDOR, CAPTAIN DAN'S MARINE TOWING AND SALVAGE. RESOLUTION - (J-02-) - (AMENDING RESOLUTION NO. 00-439) AMENDING RESOLUTION NO. 00-439, ADOPTED MAY 25, 2000, TO PROPERLY REFLECT A CHANGE IN THE CONTRACT ADMINISTRATOR FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION TO THE DEPARTMENT OF FIRE - RESCUE, UTILIZING ONLY FIRE -RESCUE ACCOUNT CODE NO, 001000.280601.6.340, IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED $18,624. R-02-15 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS R-02-16 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS • PAGE 13 JANUARY 10, 2002 CONSENT AGENDA CONT'D CA -20. RESOLUTION - (J-02-) - (RATIFYING, APPROVING AND CONFIRMING THE ACTION OF THE CITY MANAGER) RATIFYING, APPROVING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN EXECUTING THE ATTACHED LEASE AGREEMENT (THE"AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MS. ORIELLI TROIA, TRUSTEE, WHICH PROVIDED FOR: 1) THE LEASING OF PROPERTY LOCATED AT 779 W. FLAGLER STREET, MIAMI, FLORIDA, TO BE USED BY THE OFFICE OF HOMELESS PROGRAMS FOR OFFICE SPACE, STORAGEIWAREHOUSE AND/OR OTHER SUCH RELATED FUNCTIONS; 2) A TERM OF TWO (2) YEARS, WITH AN OPTION TO RENEW FOR THREE (3) TERMS OF TWO (2)YEARS; 3) AT AN INITIAL RENTAL AMOUNT OF $4,131.17 PER MONTH; SUBJECT TO THE STIPULATION THAT HOMELESS INDIVIDUALS SHALL NOT BE PROCESSED AT THE 779 W. FLAGLER STREET LOCATION; AND WITH THE TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. R-02-17 (AS MODIFIED) MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS • 0 1 PAGE 14 JANUARY 10, 2002 CONSENT AGENDA CONT'D CA -21. RESOLUTION - (J-02-) - (ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER) ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO THE REQUEST FOR PROPOSAL FOR CONSULTING SERVICES FOR CONFLICT RESOLUTION TRAINING, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA MARTIN LUTHER KING, JR., INSTITUTE FOR NONVIOLENCE, FOR A TWO YEAR PERIOD, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, AT A COST NOT TO EXCEED $53,645.20, FOR THE INITIAL TWO (2) YEAR PERIOD, FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003; SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." R-02-18 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS • PAGE 15 JANUARY 10, 2002 CONSENT AGENDA CONT'D CA -22. RESOLUTION - (J-02-1020) - (ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER) ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE SELECTION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS, THAT THE MOST QUALIFIED FIRMS TO PROVIDE PROFESSIONAL TOWN PLANNING AND URBAN DESIGN SERVICES FOR PUBLIC WORKS CATEGORY "B" DESIGNATED PROJECTS FOR 2002 THROUGH 2004 ARE, IN RANK ORDER: (1) DUANY PLATER-ZYBERK AND COMPANY, (2) DOVER KHOL & PARTNERS, (3) URBAN DESIGN ASSOCIATES, AND (4) HELLMUTH, OBATA & KASSABAUM, INC. NEW URBAN STUDIO; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES AGREEMENTS, IN AN AMOUNT NOT TO EXCEED $600,000 FOR EACH FIRM; ALLOCATING FUNDS FROM INDIVIDUAL PROJECT ACCOUNTS. R-02-19 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS CA -23. CA -24. 0 CONSENT AGENDA CONT'D RESOLUTION - (J-02-002) - (AUTHORIZING SETTLEMENT) AUTHORIZING THE SETTLEMENT OF ALL CLAIMS PENDING IN UNITED STATES OF AMERICA V. CITY OF MIAMI AND FRATERNAL ORDER OF POLICE LODGE 20, CASE NO. 75-3069-CIV-HIGHSMITH, AND AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ROBERT D. KLAUSNER, P.A., TRUST ACCOUNT ON BEHALF OF THE FRATERNAL ORDER OF POLICE THE SUM OF $60,000 IN ATTORNEY'S FEES AND COSTS RELATED TO A PROPOSED SETTLEMENT AGREEMENT; ALLOCATING FUNDS FROM THE SELF- INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.653. RESOLUTION - (J-02-051) - (AUTHORIZING ENGAGEMENT OF COUNSEL) AUTHORIZING THE ENAGAGEMENT OF THE LAW FIRM OF RONALD J. COHEN, P.A. FOR REPRESENTATION OF OFFICER AGUSTIIN CLEMENTE IN THE CASE OF ANGEL ALVAREZ VS. CITY OF MIAMI, ET AL. IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 00- 2151 -CIV -JORDAN, IN THE AMOUNT OF $25,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.652, FOR SAID SERVICES. PAGE 16 JANUARY 10, 2002 R-02-20 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS R-02-21 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS CONSENT AGENDA CONT'D CA -25. RESOLUTION - (J-02-052) - (AUTHORIZING ENGAGEMENT OF COUNSEL) AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF O'CONNOR, CHIMPOULIS, ET. AL. FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF ANGEL ALVAREZ VS. CITY OF MIAMI ET.AL. IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 00 -2151 -CIV - JORDAN, IN THE AMOUNT OF $25,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.652, FOR SAID SERVICES. END OF CONSENT AGENDA PAGE 17 JANUARY 10, 2002 R-02-22 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS • PAGE 18 JANUARY 10, 2002 MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ 0 PAGE 19 JANUARY 10, 2002 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 1 COMMISSIONER ANGEL GONZALEZ A. DISCUSSION CONCERNING CHANGING THE NAME OF NW 20 ST (BLVD OF THE AMERICAS) FROM NW 8 AVE TO NW 27 AVE TO ORLANDO URRA BLVD. OF THE AMERICAS. B. DISCUSSION CONCERNING NAMING NW 19 AVE FROM NW 20 ST TO NORTH RIVER DRIVE TO HECTOR RODRIGUEZ BLVD. M-02-30 MOVED: GONZALEZ SECONDED: SANCHEZ UNANIMOUS M-02-31 MOVED: GONZALEZ SECONDED: TEELE UNANIMOUS • MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 2 VICE CHAIRMAN JOHNNY L. WINTON A. FIRST READING ORDINANCE - (J-02-375) AMENDING CHAPTER 6/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DOGS," TO REQUIRE THE OWNER OR RESPONSIBLE PARTY TO IMMEDIATELY REMOVE AND PROPERLY DISPOSE OF FECAL MATTER WHEN THEIR DOG(S) DEFECATE ON PUBLIC AND PRIVATE PROPERTY, INCLUDING BUT NOT LIMITED TO, PARKS, SIDEWALKS, SWALES, AND STREETS; PROVIDING FOR A CIVIL PENALTY FOR VIOLATION(S) AND ENFORCEMENT THEREOF; MORE PARTICULARLY BY CREATING SECTION 6-45 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. B. RESOLUTION - (J-02-054) (AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION) AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO CONDUCT A PROJECT DEVELOPMENT AND ENVIRONMENTAL STUDY TO REALIGN A ONE -BLOCK PORTION OF THE METROMOVER ENTITLED "DUPONT PLAZA PROJECT - METROMOVER REALIGNMENT IN DOWNTOWN MIAMI". WAGE 20 JANUARY 10, 2002 FIRST READING ORD. MOVED: WINTON SECONDED:SANCHEZ UNANIMOUS R-02-23 MOVED: SECONDED: ABSENT: WINTON SANCHEZ TEELE C. 0 • MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 2 VICE CHAIRMAN JOHNNY L. WINTON(CONT')) FIRST READING ORDINANCE - (J-02-053) ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "DUPONT PLAZA PROJECT — METROVER REALIGNMENT IN DOWNTOWN MIAMI (FY 2001-02)" AND APPROPRIATING FUNDS IN THE AMOUNT OF $480,000, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE OPERATION OF THE TRANSPORTATION OUTREACH PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AND AUTHORIZING THE EXPENDITURES OF THE GRANT FOR THE OPERATION OF THE PROGRAM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. D. DISCUSSION CONCERNING THE PLACEMENT OF LIGHT POLE BANNERS BY FLORIDA INTERNATIONAL UNIVERSITY FOR THE 19T" ANNUAL MIAMI FILM FESTIVAL FROM JANUARY 24TH THROUGH FEBRUARY 3, 2002. E. DISCUSSION CONCERNING THE PLACEMENT OF LIGHT POLE BANNERS BY THE SOUTH FLORIDA ORCHID SOCIETY FOR THE 57TH MIAMI INTERNATIONAL ORCHID SHOW FROM MARCH 1sT THROUGH MARCH 3, 2002 AT THE COCONUT GROVE CONVENTION CENTER. PAGE 21 JANUARY 10, 2002 FIRST READING ORD. MOVED: WINTON SECONDED: SANCHEZ UNANIMOUS M-0224 MOVED: WINTON SECONDED:SANCHEZ UNANIMOUS M-02-25 MOVED: WINTON SECONDED:SANCHEZ UNANIMOUS MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 3 COMMISSIONER JOE SANCHEZ A. DISCUSSION CONCERNING THE ISSUE OF TRANSFORMING S.W. 13TH AVENUE CUBAN MEMORIAL DRIVE INTO A PROMENADE. (This item was deferred from the meeting of December 11, 2001) B. DISCUSSION CONCERNING THE ISSUE OF THE DOMINO PARK PLAZA. (This item was deferred C. DISCUSSION CONCERNING AN UPDATE ON THE ISSUE OF WORKERS COMPENSATION. (This item was deferred from the meeting of December 11, 2001) PAGE 22 JANUARY 10, 2002 M -02-2G MOVED: SANCHEZ SECONDED: WINTON UNANIMOUS DISCUSSED DEFERED 0 • MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 4 CHAIRMAN TOMAS REGALADO PAGE 23 JANUARY 10, 2002 M-02-29 A. DISCUSSION CONCERNING THE "KEEP THE SUN MOVED: WINTON SHINING" CAMPAIGN. SECONDED: SANCHEZ UNANIMOUS B. FIRST READING ORDINANCE - (J-02-331) AMENDING CHAPTER 40/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEUPENSION AND RETIREMENT PLAN/CITY OF MIAMI ELECTED OFFICERS' RETIREMENT TRUST," TO CHANGE THE NUMBER OF YEARS REQUIRED FOR VESTING OF PENSION BENEFITS FOR ELECTED OFFICERS FROM TEN TO SEVEN YEARS; MORE PARTICULARLY BY AMENDING SECTIONS 40-291 AND 40-296 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WITHDRAWN BY M-02-28 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS • PAGE 24 JANUARY 10, 2002 MAYOR AND COMMISSIONERS' ITEMS CONT"D DISTRICT 5 COMMISSIONER ARTHUR E. TEELE , JR • PAGE 25 JANUARY 10, 2002 PUBLIC HEARING ITEMS 2. RESOLUTION - (J-02-023) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE) (415THS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH eCIVIS, LLC, (NON-MINORITY/NON-LOCAL VENDOR, 13101 WASHINGTON BLVD., SUITE 125, LOS ANGELES, CA. 90066), SOLE SOURCE PROVIDER, FOR THE ACQUISITION OF INTERNET ACCESS TO THE GRANTS LOCATOR SOFTWARE AND DATABASES FOR THE DEPARTMENT OF MANAGEMENT AND BUDGET, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR THREE ADDITIONAL ONE YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $20,000, ALLOCATING FUNDS FROM NON -DEPARTMENTAL ACCOUNTS, ACCOUNT CODE NUMBER 001000.921002.6.270. 3. RESOLUTION - (J-02-025) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE BIDDING PROCEDURES WOULD NOT BE PRACTICABLE OR ADVANTAGEOUS) (415THS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE BIDDING PROCEDURES WOULD NOT BE PRACTICABLE OR ADVANTAGEOUS, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF CHLORINATING BRIQUETTE TABLETS FOR THE DEPARTMENT OF PARKS AND RECREATION FROM COMMERCIAL ENERGY SPECIALISTS, INC., IN AN ANNUAL AMOUNT NOT TO EXCEED $32,000; ALLOCATING FUNDS FROM PARKS AND RECREATION GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.580301.6.704. R-02-37 MOVED: WINTON SECONDED: GONZALEZ UNANIMOUS R-02-38 MOVED: TEELE SECONDED: WINTON UNANIMOUS . PAGE 26 JANUARY 10, 2002 PUBLIC HEARING ITEMS CONT'D 4. RESOLUTION - (J-02-008) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY) (415THS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND ACCEPTING THE OCTOBER 12, 2001 BID OF T. J. PAVEMENT CORPORATION, (HISPANIC/MIAMI-DADE COUNTY VENDOR, 10741 S.W. 30 STREET, MIAMI, FLORIDA), THE LOWEST, RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "CITYWIDE LOCAL DRAINAGE PROJECT E-76, B-5647", IN THE REVISED AMOUNT OF $381,846; ALLOCATING FUNDS FROM PROJECT NO. 352231, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $381,846 FOR THE CONTRACT COSTS AND $50,354 FOR EXPENSES, FOR AN ESTIMATED TOTAL COST OF $432,200; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. R-02-39 MOVED: TEELE SECONDED: WINTON UNANIMOUS . PAGE 27 JANUARY 10, 2002 PUBLIC HEARING ITEMS CONT'D 5. RESOLUTION - (J-02-007) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY) (415THS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND ACCEPTING THE BID OF PINO KAOBA & ASSOCIATES, INC., (HISPANIC/LOCAL VENDOR, 1356 SW 8T" STREET, SUITE 202, MIAMI, FLORIDA 33135), THE LOWEST, RESPONSIVE AND RESPONSIBLE BIDDER, DATED OCTOBER 16, 2001, FOR THE PROJECT ENTITLED "MANUEL ARTIME COMMUNITY CENTER INTERIOR IMPROVEMENTS, B- 6399", IN THE AMOUNT OF $206,554.45; ALLOCATING FUNDS FROM PROJECT NO, 322060, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $206,554.45 FOR THE CONTRACT COSTS AND $37,644.95 FOR EXPENSES, FOR AN ESTIMATED TOTAL COST OF $244,199.40; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECT. DEFERRED BY M-02-1 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS • PAGE 28 JANUARY 10, 2002 PUBLIC HEARING ITEMS CONT'D 6. RESOLUTION - (J-02-) - (WAIVING COMPETITIVE NEGOTIATION PROCEDURES FOR THE PROVISION OF PROFESSIONAL SERVICES) (415THS VOTE) WAIVING COMPETITIVE NEGOTIATION PROCEDURES FOR THE PROVISION OF PROFESSIONAL SERVICES FOR THE MANAGEMENT OF APPROXIMATELY 1.14 ACRES OF CITY -OWNED PROPERTY ON VIRGINIA KEY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA (THE "PROPERTY"); AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT (THE "AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH BARRY UNIVERSITY, INC. (THE "PROVIDER"), A NON-PROFIT CORPORATION, TO PROVIDE FOR: 1) A TERM THAT SHALL COMMENCE ON JULY 1, 2001 AND SHALL EXPIRE ON DECEMBER 31, 2003, WITH AN OPTION TO EXTEND FOR TWO ADDITIONAL TWO (2) YEAR TERM SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES; 2) THE PROVIDER SHALL PAY A FEE OF FIVE HUNDRED DOLLARS ($500.00) PER MONTH, PLUS STATE USE TAX, IF APPLICABLE; 3) THE PROVIDER MAY ENTER INTO PROGRAM SERVICE AGREEMENTS WITH SERVICE PROVIDERS FOR THE PURPOSE OF OPERATING AND MAINTAINING WATER RECREATIONAL AND EDUCATIONAL OPPORTUNITIES; AND 4) THE PROVIDER SHALL REQUIRE EACH SERVICE PROVIDER TO PAY TO PROVIDER 12% OF ITS GROSS REVENUES (THE "MONTHLY PERCENTAGE FEE"), WHICH PERCENTAGE FEE SHALL BE SPLIT 50150 BETWEEN THE CITY AND THE PROVIDER, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. R-02-40 MOVED: TEELE SECONDED; WINTON UNANIMOUS • PAGE 29 JANUARY 10, 2002 PUBLIC APPEARANCES NOTE: LEGISLATION MAY RESULT FROM COMMISSION CONSIDERATION OF ANY PERSONAL APPEARANCE 6A. MS. ELENA CARPENTER, PUBLISHER AND EDITOR OF DISCUSSEI) THE COCONUT GROVE TIMES AND BRICKELL POST TO ADDRESS THE COMMISSION CONCERNING THE CITY'S REQUIREMENTS FOR NEWSPAPER ADVERTISING. ORDINANCES - EMERGENCY 7. EMERGENCY ORDINANCE - (.l-02-029) (415THS 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 CHAPTER 6/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "IN GENERAL," RESTRICTIONS ON KEEPING, HARBORING, MAINTAINING OR POSSESSING ANIMALS AT PARADES, PROCESSIONS OR FESTIVALS; PROVIDING FOR A CIVIL PENALTY FOR VIOLATION(S) AND ENFORCEMENT THEREOF; MORE PARTICULARLY BY CREATING SE=CTION 6-6 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 30 JANUARY 10, 2002 FAILED MOVED: SECONDED: NAYS: ABSENT: WINTON GONZALEZ WINTON, GONZALEZ, SANCHEZ REGALADO TEELE PAGE 31 JANUARY 10, 2002 ORDINANCES — EMERGENCY CONT'D 8. EMERGENCY ORDINANCE - (J-02-026) EMERGENCY ORDINANCE (4I5THS VOTE) 1 12171 (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. 12128, AS AMENDED, THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENTS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, ACCEPTING AND APPROPRIATING A DONATION IN THE AMOUNT OF $36,500 FROM SHAKE -A -LEG MIAMI AND REVISING CAPITAL IMPROVEMENT PROJECT NO. 333124, VIRRICK COMMUNITY WATER SPORTS CENTER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF THE DONATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. MOVED: TEELE SANCHEZ SECONDED: UNANIMOUS • • PAGE 32 JANUARY 10, 2002 9. RESOLUTION - (J-02-) - (AUTHORIZING INCREASE IN FEES, FOR ADDITIONAL SERVICES) AUTHORIZING AN INCREASE IN FEES, FOR ADDITIONAL SERVICES, BY AN AMOUNT NOT TO EXCEED $236,200, RELATED TO PROFESSIONAL SERVICES AGREEMENT DATED APRIL 9, 1999 AND THE ASSIGNMENT OF PROFESSIONAL SERVICES AGREEMENT DATED NOVEMBER 5, 1999 BETWEEN THE CITY OF MIAMI AND R.J. HEISENBOTTLE ARCHITECTS, P.A., TO PROVIDE PLANNING, DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE CONSTRUCTION OF THE INTERNATIONAL WATER SPORTS CENTER PROJECT, THEREBY INCREASING THE TOTAL AMOUNT OF SAID FEES TO AN AMOUNT NOT TO EXCEED $729,200, SAID INCREASE TO BE FULLY PAID FROM FUNDS DONATED BY SHAKE -A -LEG MIAMI AND THE YMCA OF GREATER MIAMI AND APPROPRIATED IN CAPITAL IMPROVEMENT PROGRAM, PROJECT NO. 333124, FOR THE PURPOSE OF COVERING THE ADDITIONAL DESIGN, AND CONSTRUCTION ADMINISTRATION REQUIRED TO ACCOMMODATE UPGRADES TO THE FACILITY REQUESTED BY THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO FORMALIZE SAID INCREASE. R-02-32 MOVED: TEELE SECONDED: WINTON UNANIMOUS 0 0 ORDINANCES -- EMERGENCY CONT'D EMERGENCY ORDINANCE - (J-02-) (415THS 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) 9A. AMENDING ORDINANCE NO. 12128, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE, TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, AND TO ESTABLISH AND APPROPRIATE A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "HOMELAND DEFENSEINEIGHBORHOOD IMPROVEMENT BONDS WORKGROUP", CIP NO. 311048, SCHEDULED TO BEGIN IN FISCAL YEAR 2001-2002; FURTHER APPROVING CHANGES TO THE TABLE OF ORGANIZATION ADOPTED SEPTEMBER 25, 2001 FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. PAGE 33 JANUARY 10, 2002 EMERGENCY ORD. 12172 AS MODIFIED MOVED: WfNTON SECONDED: GONZALEZ UNANIMOUS • • PAGE 34 JANUARY 10, 2002 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. 10. SECOND READING ORDINANCE - (J-01-1019) ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "MIAMI-DADE COUNTY EMS GRANT AWARD (FY '2001-02)", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $108,375.96, CONSISTING OF A GRANT FROM MIAMI- DADE COUNTY; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. DATE OF FIRST READING : DECEMBER 13, 2001 MOVED : COMMISSIONER SANCHEZ SECONDED : COMMISSIONER GONZALEZ ABSENT : COMMISSIONER TEELE VICE CHAIRMAN WINTON ORDINANCE 12173 MOVED: TEELE SECONDED: SANCHEZ LJNANIMOUS 11. • 0 ORDINANCES —SECOND READING CONT'D SECOND READING ORDINANCE - (J-01-1045) ESTABLISHING A NEW SPECIAL REVENUE FUND ("SRF") ENTITLED "CITY CLERK'S EXTENSIVE RESEARCH FEE FUND," AND APPROPRIATING FUNDS IN THE AMOUNT OF $5,000, CONSISTING OF MONIES PAID IN ADVANCE FOR RESEARCH AND DUPLICATING COSTS WHENEVER AN EXTRAORDINARY TIME CONSTRAINT IS DESIGNATED BY PERSON (S) REQUESTING COPIES OF RESEARCH OR PUBLIC RECORDS FROM THE OFFICE OF THE CITY CLERK; AUTHORIZING THE REVENUES IN SAID SRF TO BE USED EXCLUSIVELY TO FUND THE GENERAL OPERATING BUDGET OF THE OFFICE OF THE CITY CLERK; AND DIRECTING THE CITY MANAGER TO ACCEPT AND DEPOSIT ALL REVENUES DERIVED FROM SUCH PUBLIC RECORDS REQUESTS INTO THIS SRF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. DATE OF FIRST READING : DECEMBER 13, 2001 MOVED : COMMISSIONER SANCHEZ SECONDED : COMMISSIONER GONZALEZ ABSENT : COMMISSIONER TEELE VICE CHAIRMAN WINTON 12. SECOND READING ORDINANCE - (J-01-1044) AMENDING CHAPTER 2, ARTICLE III, DIVISION 4, OF CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, CITY CLERK," TO ESTABLISH A FEE TO BE CHARGED FOR DUPLICATING COMPACT DISC VOICE RECORDINGS OF CITY COMMISSION PROCEEDINGS, IN ACCORDANCE WITH SECTION 119.07, FLORIDA STATUTES; MORE PARTICULARLY BY AMENDING SECTION 2-142(c) OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. DATE OF FIRST READING : DECEMBER 13, 2001 MOVED : COMMISSIONER SANCHEZ SECONDED : COMMISSIONER GONZALEZ ABSENT : COMMISSIONER TEELE PAGE 35 JANUARY 10, 2002 ORDINANCE 12174 MOVED: WINTON SECONDED: TEELE UNANIMOUS ORDINANCE 12175 MOVED: WINTON SECONDED: GONZALEZ UNANIMOUS 0 ORDINANCES - SECOND READING CONT'D 13. SECOND READING ORDINANCE - (J-01-1046) ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "FTR GOLD MULTI -CHANNEL DIGITAL RECORDING SYSTEM FUND" AND APPROPRIATING FUNDS IN THE AMOUNT OF $5,000 FOR COMPACT DISC SALES; AUTHORIZING THE REVENUES IN SAID SPECIAL REVENUE FUND TO BE USED EXCLUSIVELY TO FUND THE GENERAL OPERATING BUDGET OF THE OFFICE OF THE CITY CLERK; AND DIRECTING THE CITY MANAGER TO ACCEPT AND DEPOSIT ALL REVENUES DERIVED FROM COMPACT DISC SALES OF VOICE RECORDINGS OF CITY COMMISSION PROCEEDINGS BY THE CITY CLERK; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. DATE OF FIRST READING : DECEMBER 13, 2001 MOVED : VICE CHAIRMAN WINTON SECONDED : COMMISSIONER TEELE ABSENT: : COMMISSIONER GONZALEZ PAGE 36 JANUARY 10, 2002 ORDINANCE 12176 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS ORDINANCES -- SECOND READING CONT'D 14. SECOND READING ORDINANCE - (J-01-1033) AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS, TO ESTABLISH THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD AND PROVIDE FOR THE "SUNSET" OF SAID BOARD; TO SET FORTH SAID BOARD'S PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR MEMBERSHIP, QUALIFICATIONS, TERMS OF OFFICE, VACANCIES, OFFICERS, PARLIAMENTARY PROCEDURES AND RULES OF PROCEDURE, MEETINGS, QUORUM, VOTING, ATTENDANCE REQUIREMENTS, ASSIGNMENT OF STAFF, COUNSEL, NOTICES AND FILING OF RECORDS AND ANNUAL REPORTS, MORE PARTICULARLY BY ADDING NEW DIVISION 15, CONSISTING OF SECTIONS 2-1200 THROUGH 2-1206, AND AMENDING SECTION 2-892 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. DATE OF FIRST READING : DECEMBER 13, 2001 MOVED : VICE CHAIRMAN WINTON SECONDED : COMMISSIONER SANCHEZ VOTE : UNANIMOUS PAGE, 37 JANUARY 10, 2002 OFZDINANCE 12177 Ar; MODIFIED MOVED: TEELE SECONDED: WINTON UNANIMOUS 01 PAGE 38 JANUARY 10, 2002 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. 15. FIRST READING ORDINANCE — (J-02) AUTHORIZING THE CITY COMMISSION TO GRANT AD VALOREM TAX EXEMPTIONS TO NEW AND EXPANDING BUSINESSES WITHIN THE AREA LOCATED IN THE ENTERPRISE ZONE; PROVIDING SCOPE AND TERMS OF EXEMPTION; PROVIDING PROCEDURES FOR APPLICATION AND RENEWAL, REVIEW BY THE DEPARTMENT OF REAL ESTATE AND ECONOMIC DEVELOPMENT, AND APPROVAL BY THE CITY COMMISSION; PROVIDING DEFINITIONS; PROVIDING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, INCLUSION IN THE CODE AND PROVIDING FOR AN EFFECTIVE DATE AND AN EXPIRATION DATE. 16. FIRST READING ORDINANCE — (J-02-760) AMENDING SECTION 35-193 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ESTABLISH PARKING RATES AT THE BOAT TRAILER PARKING LOT AT THE SEMINOLE BOAT RAMP LOCATED IN KENNETH MYERS PARK AT THE SOUTHWEST CORNER OF SOUTHWEST 27T11 AVENUE AND SOUTH BAYSHORE DRIVE IN COCONUT GROVE, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. DEFERRED BY M-02-1 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS FIRST READING ORD. MOVED: WINTON SECONDED: TEELE UNANIMOUS 0 • ORDINANCES - FIRST READING CONT'D 17. FIRST READING ORDINANCE -- (J-02) ANTI -PREDATORY LENDING 17A. FIRST READING ORDINANCE - (J-02-597) AMENDING CHAPTER 42/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "POLICE/COMPLAINTS AGAINST POLICE OFFICERS' TO CREATE AND ESTABLISH THE CIVILIAN INVESTIGATIVE PANEL ("CIP") TO SERVE AS INDEPENDENT CITIZENS OVERSIGHT WITH AUTHORITY TO CONDUCT INVESTIGATIONS; REVIEW ALLEGATIONS OF MISCONDUCT, AND POLICIES OF THE POLICE DEPARTMENT; FORWARD COMPLAINTS ALLEGING CRIMINAL ACTIVITY TO RELEVANT AGENCIES; AND EMPOWERED TO ISSUE SUBPOENAS AFTER CONSULTATION WITH THE STATE ATTORNEY, PROVIDED THAT NO IMMUNITY BE CONFERRED BY THE CIP; SETTING FORTH THE CIP'S PURPOSE, POWERS AND DUTIES; MEMBERSHIP, NOMINATION OF MEMBERS; TERMS OF OFFICE, VACANCIES, OFFICERS, PARLIAMENTARY AUTHORITY; RULES OF PROCEDURE, MEETINGS, VOTING AND QUORUM, ATTENDANCE REQUIREMENTS, PROCEDURES; ADMINISTRATIVE SUPPORT AND COUNSEL; AND MORE PARTICULARLY BY AMENDING SECTION 2-892 AND NEW SECTIONS 42-80 THROUGH 42-91 TO SAID CODE; DIRECTING THE CITY MANAGER TO PRESENT A REPORT TO THE CITY COMMISSION AS TO THE TOTAL ESTIMATED DOLLAR ALLOCATIONS NECESSARY TO COVER EXPENSES TO BE INCURRED BY THE CIP DURING THE EXECUTION OF ITS DUTIES AND PRESENT SAME TO THE CITY COMMISSION FOR ITS REVIEW AND CONSIDERATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. PAGE 39 JANUARY 10, 2002 DEFERRED 13Y M-02-44 MOVED: SANCHEZ SECONDED: GONZALEZ iJlJANIMOUS DEFERRED TO JANUARY 24, 2002 0 0 RESOLUTIONS OFFICE OF ASSET MANAGEMENT 18. RESOLUTION - CITY MANAGER AGREEMENT) (J-02-883) - (AUTHORIZING THE TO EXECUTE A MANAGEMENT AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AGREEMENT (THE "AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI DADE COMMUNITY COLLEGE, FOR THE MANAGEMENT OF THE CITY -OWNED PROPERTY LOCATED AT 1508 S.W. 8 STREET, MIAMI, FLORIDA, A/K/A TOWER THEATER, FOR A PERIOD OF FIVE YEARS, WITH AN OPTION TO EXTEND THE AGREEMENT FOR AN ADDITIONAL FIVE-YEAR PERIOD, PROVIDING FOR AN ANNUAL FEE OF FIVE HUNDRED DOLLARS ($500) AND UNDER THE TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. OFFICE OF THE CITY MANAGER 19. RESOLUTION - (J-02) — (DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI TO ISSUE LIMITED AD VALOREM TAX BONDS) DECLARING THE OFFICAL INTENT OF THE CITY OF MIAMI TO ISSUE LIMITED AD VALOREM TAX BONDS IN ORDER TO, AMONG OTHER THINGS, REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH BONDS FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENTS IN THE CITY OF MIAMI; AND AUTHORIZING CERTAIN INCIDENTAL ACTIONS. PAGE 40 JANUARY 10, 2002 R -02-3b (AS MODIFIED) MOVED: WINTON SECONDED: TEELE UNANIMOUS R-02-41 MOVED: TEELE SECONDED: SANCHEZ ABSENT: REGALADO RESOLUTIONS CONT'D DEPARTMENT OF POLICE 20. RESOLUTION W (J-02-010) - (RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY) (415THS VOTE) RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING A PURCHASE ORDER OF 1,600, 3M FR64 CANISTERS FOR USE WITH THE 3M FR M40 GAS MASK, FOR THE DEPARMTENT OF POLICE FROM FLORIDA POLICE PRODUCTS, (HISPANIC/LOCAL VENDOR, 701 NW 36 AVENUE, MIAMI, FLORIDA) IN AN AMOUNT NOT TO EXCEED $43,200; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT N0. 690003; SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING". PAGE 41 JANUARY 10, 2002 R-02-45 MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS 0 RESOLUTIONS CONT'D DEPARTMENT OF PUBLIC WORKS 21. RESOLUTION - (J-02-009) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY) (4/5THS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND ACCEPTING THE JULY 24, 2001 BID OF PROFESSIONAL GENERAL CONTRACTORS, INC. (H[SPAN ICINON-LOCAL VENDOR, 250 CATALONIA AVE SUITE 400, CORAL GABLES, FLORIDA) AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE PROJECT ENTITLED "LEMON CITY RESTROOM BUILDING, SECOND BIDDING, B-6374", IN THE AMOUNT OF $188,800; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NOS. 331386 AND 331369, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $188,800 FOR THE CONTRACT COSTS AND $4,000 FOR EXPENSES, FOR A TOTAL ESTIMATED COST OF $192,800; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. PAGE 42 JANUARY 10, 2002 R.-02-46 MOVED: TEELE SECONDED:SANCHEZ UNANIMOUS 22. 23. • BOARDS AND COMMITTEES WITHDRAWN 0 RESOLUTION - (APPOINTING CERTAIN INDIVIDUALS) APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: DEFERRED MAYOR DIAZ ANITA MCGRUDER VICE CHAIRMAN WINTON PAULINE RAMOS COMMISSIONER GONZALEZ CONSTANCE JOHNSON COMMISSIONER GONZALEZ PACE 43 JANUARY 10, 2002 R-02-27 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS 24. RESOLUTION - (APPOINTING CERTAIN DEFERRED TO INDIVIDUALS) JANUARY 24, 2002 APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: COMMISSIONER GONZALEZ COMMISSIONER GONZALEZ COMMISSIONER SANCHEZ COMMISSIONER SANCHEZ VICE CHAIRMAN WINTON VICE CHAIRMAN WINTON CHAIRMAN REGALADO CHAIRMAN REGALADO COMMISSIONER TEELE, JR. COMMISSIONER TEELE, JR. BOARDS AND COMMITTEES CONT'D 25. RESOLUTION - (APPOINTING AN INDIVIDUAL) APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: COMMISSION AT -LARGE 26. DISCUSSION CONCERNING NOMINATIONS NEEDED BY COMMISSIONER GONZALEZ FOR THE FOLLOWING BOARDS: BAYFRONT PARK MANAGEMENT TRUST COMMUNITY TECHNOLOGY ADV. BOARD INTERNATIONAL TRADE BOARD LATIN QUARTER REVIEW BOARD NUISANCE ABATEMENT BOARD PARKS ADVISORY BOARD URBAN DEVELOPMENT REVIEW BOARD ['NOTE: MEMBERS SHALL BE ARCHITECTS OR LANDSCAPE ARCHITECTS WITH FIVE YEARS EXPERIENCE] VIRGINIA KEY BEACH PARK TRUST WATERFRONT ADVISORY BOARD MIAMI AUDIT ADVISORY COMMITTEE [NOTE: MEMBERS MUST HAVE EDUCATION, EXPERIENCE AND ATTAINMENTS IN ACCOUNTING, LAW, BANKING OR BUSINESS MANAGEMENT.] BOARDS AND COMMITTEESREVIEW COMMITTEE BUDGET AND FINANCESREVIEW COMMITTEE PAGE 44 JANUARY 10, 2002 DEFERRED TO JANUARY 24, 2002 DEFERRED TO JANUARY 24, 2002 • 0 ATTORNEY-CLIENT SESSION (CLOSED TO PUBLIC TO DISCUSS LITIGATION STRATEGY) UNDER THE PARAMETERS OF F.S. 286.011(8) [2001], THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE IMMEDIATELY AFTER THE MEETING IS RECONVENED AFTER LUNCH RECESS AT 2:00 P.M., THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THREE PENDING LITIGATION CASES (RUNNEL VS. CITY, ET AL., U.S. DISTRICT COURT, CASE NO. 00 -2930 -CIV -KING• ALICE YOUNG ETC. VS. CITY OF MIAMI, ET. AL., CASE NO. 99 -2994 -CIV - JORDAN: AND WILTSHIRE VS. CITY OF MIAMI ET. AL. IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA CASE NO. 99 -1958 -CIV - JORDAN) TO WHICH THE CITY IS PRESENTLY A PARTY. THE CLOSED DOOR SESSION WILL BEGIN AT APPROXIMATELY 2:00 P.M. AND CONCLUDE AT APPROXIMATELY 3:00 P.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, CARLOS A. GIMENEZ; AND COUNCIL FOR THE CITY, NINA K. BROWN AND MICHAEL FERTIG FROM THE LAW FIRM OF AKERMAN, SENTERFITT & EIDSON, P.A. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND SAID TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE CITED, ONGOING LITIGATION. PLEASE BE FURTHER ADVISED THAT 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 45 JANUARY 10, 2002 HELD R-02-35 MOVED: WINTON SECONDED: TEELE UNANIMOUS • PAGE 46 JANUARY 10, 2002 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. 27. DEPARTMENTAL PRESENTATION — UPDATE ON THE NOT TAKEN UP DEPARTMENT OF PARKS AND RECREATION. 28. DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET OUTLOOK. (This item was deferred from the meeting of December 13, 2001) 29. DISCUSSION CONCERNING A TRACKING SYSTEM FOR COMPLAINTS IN THE DEPARTMENT OF FIRE - RESCUE AND RECOMMENDATIONS ON AN OFFICE TO REVIEW COMPLAINTS AGAINST EMPLOYEES WITH ENFORCEMENT POWERS. (This item was deferred from the meeting of December 13, 2001) NOT TAKEN UP M-02-34 MOVED: TEELE SECONDED: SANCHEZ ABSENT: REGALADO DISCUSSION ITEMS CONT'D 30. DISCUSSION CONCERNING A PLAN FOR DEPLOYMENT OF THE SERVICE OF EITHER ONE OF TWO FIRE TRUCKS IN ORDER TO APPROPRIATELY ADDRESS SLOW RESPONSE AREA OF THE CITY. 31. DISCUSSION CONCERNING A STATUS REPORT ON THE OZ NIGHTCLUB LOCATED AT S.W. 8TH STREET AND 34TH AVENUE. (This item was deferred from the meeting of December 13, 2001) PAGE 47 ,JANUARY 10, 2002 DISCUSSED DEFERRED SPECIALLY SCHEDULED PUBLIC HEARING 5:00 P.M. • 32. DISCUSSION CONCERNING THE ADVERTISING COMPONENT OF THE NEW BUS BENCH AGREEMENT FOR THE COMMISSION TO RECEIVE INPUT AND THEN GIVE DIRECTION TO THE ADMINISTRATION AS DEEMED APPROPRIATE. 33. SECOND READING ORDINANCE - (J-01-1048) AMENDING CHAPTER 54, ARTICLES I AND III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS", "IN GENERAL", AND "BUS BENCHES", TO PROVIDE FOR LOCATION OF BUS BENCHES ON PUBLIC RIGHTS-OF-WAY AND TO DELETE SUPERFLUOUS LANGUAGE; MORE PARTICULARLY BY AMENDING SECTIONS 54-8, 54-90, 54-91, AND 54-93 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. DATE OF FIRST READING : DECEMBER 13, 2001 MOVED : COMMISSIONER TEELE SECONDED : COMMISSIONER SANCHEZ VOTE : UNANIMOUS PAGE 48 JANUARY 10, 2002 M-02-43 MOVED: WINTON SECONDED: TEELE UNANIMOUS ORDINANCE 12178 AS MODIFIED MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS PAGE 49 JANUARY 10, 2002 PART B The Following Item Shall Not Be Considered Before 3:00 PM ITEM PZ 1 FIRST READING ORDINANCE — (J-01-667) WITHDRAWN REQUEST: To Amend Ordinance 11000 Text LOCATION: NIA. APPLlCANT(S): City of Miami APPLICANT(S) AGENT: Carlos A. Gimenez, Miami City Manager APPELLANT(S): NIA. APPELLANT(S) AGENT: NIA. RECOMMENDATIONS: PLANNING AND ZONING DEPARTMENT: Approval. PUBLIC WORKS DEPARTMENT: NIA. PLAT & STREET COMMITTEE: NIA. PLANNING ADVISORY BOARD: Recommended approval to City Commission, vote of 7-0. ZONING BOARD: NIA. REQUEST: Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 9, Section 926 in order to add a new subsection 926.17, entitled, "Restriction on outdoor advertising signs" for the purpose of prohibiting any additional outdoor advertising signs within the boundaries of the City of Miami and to clarify the nonconforming status of existing outdoor advertising signs. PURPOSE: This will prohibit any additional outdoor advertising signs within the City and will clarify the status of existing billboards. NOTES: Continued from City Commission of December 11, 2001.