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HomeMy WebLinkAboutCC 2002-07-09 Marked AgendaMEETING DATE: JULY 9 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 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. 87-11) PAGE 2 JULY 9, 2002 9:00 AM PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES CONSENT AGENDA Item 1 which is comprised of items CA -1 through CA -12 has been scheduled to be heard in the ordered sequence or as announced by the Commission MAYOR AND COMMISSIONERS' ITEMS TIME CERTAIN 5:00 p.m. — District 513 — Discussion concerning the finances and budget of the Community Redevelopment Agency. GENERAL LEGISLATIVE ITEMS Items 2 through 37 may be heard in the numbered sequence or as announced by the Commission TIME CERTAIN 10:00 a.m. — Item 25 — Resolution authorizing the issuance of bonds. BOARDS AND COMMITTEES Items 34 through 35 may be heard in the numbered sequence or as announced by the Commission DISCUSSION ITEM Item 37 may be heard in the numbered sequence or as announced by the Commission PART B: THE FOLLOWING ITEM SHALL NOT BE CONSIDERED BEFORE 3:00 P.M. PLANNING AND ZONING ITEM PZ -1 AND PZ -2 THE FOLLOWING ITEM SHALL NOT BE CONSIDERED BEFORE 5:00 P.M. PLANNING AND ZONING ITEM PZ -3 THE FOLLOWING ITEM SHALL NOT BE CONSIDERED BEFORE 6:00 P.M. PAGE 3 JULY 9, 2002 PLANNING AND ZONING ITEMS PZ -4 AND PZ -5 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS & PROCLAMATIONS 1. NAME OF HONOREE Michael Charles Eddy R. Sue Weller Miami Storm Soccer Team Juan Toscano Norberto Paz Eddy Paz Jonathan Cruz Agustin Ferrari Derek Wilcox Didier Moll Pablo Yuguero Juan Sossa Agustin Ariza Josue Garcia Arisse Fernandez Lian Pino Raul Becerra Carlos Mejia Angel Lantigua PRESENTER Mayor Diaz Mayor Diaz Chairman Regalado Chairman Regalado Chairman Regalado Chairman Regalado Chairman Regalado Chairman Regalado Chairman Regalado Chairman Regalado Chairman Regalado Chairman Regalado Chairman Regalado Chairman Regalado Chairman Regalado Chairman Regalado Chairman Regalado Chairman Regalado PAGE 4 JULY 9, 2002 DELIVERED PROTOCOL ITEM Commendation Commendation 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 Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation 2. Distinguished Citizen presentation to Ms. Joy Finston Landy for years of outstanding work on City's Committee on Beautification and Environment and the Royal Poinciana Fiesta. Tribute to 2002 Royal Poinciana Fiesta winners Queen Alejandra and Princess Tiffany for outstanding academic excellence. 3. Proclamation to Fire Fighter Randi C. Lewis, first woman to retire from City's Fire Rescue Department, for years of tireless and efficient service to the City of Miami and recognition for her specialized work as a fire fighter. B. MAYORAL VETOES NONE PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, ITEM(S) VETOED BY THE MAYOR SHALL BE PLACED BY THE CITY CLERK AS THE FIRST SUBSTANTIVE ITEM(S) FOR COMMISSION CONSIDERATION. FOR ADOPTED LEGISLATION NOT APPEARING AS PART OF THIS PRINTED AGENDA, KINDLY REFER TO THE CITY CLERK'S REPORT, ATTACHED HERETO. PAGE 5 JULY 9, 2002 C. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: NOT TAKEN UP • REGULAR MEETING OF FEBRUARY 8, 2001 • SPECIAL MEETING OF FEBRUARY 15, 2001 • PLANNING AND ZONING MEETING OF FEBRUARY 22, 2001 • REGULAR MEETING OF MARCH 8, 2001 • SPECIAL MEETING OF MARCH 15, 2001 • PLANNING AND ZONING MEETING OF MARCH 29, 2001 • SPECIAL MEETING OF APRIL 25, 2001 • REGULAR AND PLANNING AND ZONING MEETING OF APRIL 26, 2001 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 -12 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 -12 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-02-602) - (ACCEPTING BID) ACCEPTING THE BID OF THE PAINTER, INC.,(FEMALE/LOCAL VENDOR, 1767 MICANOPY AVENUE, MIAMI, FLORIDA) THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 01-02-046R, DATED JANUARY 30, 2002, FOR THE ACQUISITION OF PAINTING AND WATERPROOFING SERVICES AT THE MIAMI RIVERSIDE CENTER PARKING GARAGE FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, IN AN AMOUNT NOT TO EXCEED $43,500; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 311042.429301.6.830. PAGE 6 JULY 9, 2002 R-02-785 MOVED: SECONDED ABSENT: GONZALEZ SANCBEZ TEELE CA -2 CA -3 CONSENT AGENDA CONT'D RESOLUTION - (J-02-604) - (APPROVING PROCUREMENT) APPROVING THE PROCUREMENT OF LIGHT, MEDIUM AND HEAVY TRUCKS FROM VARIOUS VENDORS FOR THE DEPARTMENT OF PUBLIC WORKS, OPERATIONS DIVISION, ON AN AS -NEEDED CONTRACT BASIS, UNDER EXISTING STATE OF FLORIDA CONTRACT NOS. 070-700-02-1, EFFECTIVE THROUGH MAY 31, 2003, AND 070-001-02-1, EFFECTIVE THROUGH SEPTEMBER 30, 2002, AND ANY EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $520,752; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 352216.319201.6.840. RESOLUTION - (J-02-601) - (APPROVING PROCUREMENT) APPROVING THE PROCUREMENT OF ONE VACTOR TRUCK, MODEL 2115-36, FOR THE DEPARTMENT OF PUBLIC WORKS, OPERATIONS DIVISION, FROM ENVIRONMENTAL PRODUCTS OF FLORIDA, (NON- MINORITY/NON-LOCAL VENDOR, 105 CANDACE DRIVE, MAITLAND, FLORIDA) UNDER EXISTING CITY OF FORT LAUDERDALE BID NO. 312-8534, IN AN AMOUNT NOT TO EXCEED $203,572; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT ACCOUNT CODE NO. 352216.319201.6.840. PAGE 7 JULY 9, 2002 R-02-786 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE R-02-787 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE CONSENT AGENDA CONT'D CA -4. RESOLUTION - (J-02-599) - (APPROVING CONSTRUCTION AND/OR PAVING OF SPORTS COURTS AT VARIOUS CITY PARKS) APPROVING THE CONSTRUCTION AND/OR PAVING OF SPORTS COURTS AT VARIOUS CITY PARKS FOR THE DEPARTMENT OF PARKS AND RECREATION FROM AGILE COURTS CONSTRUCTION, INC., (NON- MINORITY/MIAMI-DADE COUNTY VENDOR, 7335 S.W. 104TH STREET, MIAMI, FLORIDA) AND MCCOURT CONSTRUCTION, INC., (NON-MINORITY/MIAMI-DADE COUNTY VENDOR, 15155 S.W. 117TH AVENUE, SUITE 25, MIAMI, FLORIDA) UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6941 -2/04 -OTR -CW, EFFECTIVE THROUGH FEBRUARY 28, 2003, AND ANY EXTENSIONS, IN A TOTAL AMOUNT NOT TO EXCEED $81,400; ALLOCATING FUNDS FROM SAFE NEIGHBORHOOD PARK BOND FUNDS, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED. CA -5. RESOLUTION - (J-02-) - (AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT) AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT AND UTILIZE THE SERVICES OF R. J. HEISENBOTTLE ARCHITECTS, P.A., UTILIZING THE PUBLIC WORKS QUALIFIED LIST FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE BAYFRONT PARK ADMINISTRATIVE OFFICES AND PUBLIC RESTROOM RENOVATION PROJECT, AT A TOTAL AMOUNT NOT TO EXCEED $44,950; ALLOCATING FUNDS THEREFOR FROM ITS CAPITAL IMPROVEMENT BUDGET. PAGE 8 JULY 9, 2002 R-02-788 MOVED: SECONDED ABSENT: R-02-789 MOVED: SECONDED ABSENT: GONZALEZ SANC]HEZ TEELE GONZALEZ SANC]HEZ TEELE CONSENT AGENDA CONT'D CA -6. RESOLUTION - (J-02-) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF TEMPORARY ACCESS EASEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF TEMPORARY ACCESS EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI- DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FOR THE PURPOSE OF GRANTING THE RIGHT TO INGRESS AND EGRESS THROUGH AND ACROSS AN APPROXIMATELY 4,450 FOOT LONG PORTION OF CITY -OWNED PERIMETER ROAD ADJACENT TO THE MIAMI-DADE COUNTY WASTEWATER TREATMENT PLANT LOCATED ON VIRGINIA KEY, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. CA -7. RESOLUTION - (J-02-) - (RECOMMENDING TO THE MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION) RECOMMENDING TO THE MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION (MPO) A LOCALLY PREFERRED ALTERNATIVE (LPA) FOR THE MIAMI SEGMENT OF THE MIAMI -MIAMI BEACH TRANSPORTATION CORRIDOR STUDY OR "BAY LINK," THE PROPOSED TRANSIT CONNECTION PROJECT CONNECTING MIAMI AND MIAMI BEACH; AND, RECOMMENDING TO THE MPO TO CONTINUE ASSESSING THE DESIRED ALIGNMENT IN PREPARATION OF THE FINAL ENVIRONMENTAL IMPACT STATEMENT FOR BAY LINK. PAGE 9 JULY 9, 2002 R-02-790 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE R-02-791 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE CONSENT AGENDA CONT'D CA -8. RESOLUTION - (J-02-) - (APPROVING THE ACQUISITION OF PLANNING, DESIGN, ANALYSIS, TESTING, MIGRATION, IMPLEMENTATION, PROGRAMMING, PROJECT MANAGEMENT, TECHNICAL SUPPORT AND OTHER CONSULTING SERVICES) APPROVING THE ACQUISITION OF PLANNING, DESIGN, ANALYSIS, TESTING, MIGRATION, IMPLEMENTATION, PROGRAMMING, PROJECT MANAGEMENT, TECHNICAL SUPPORT AND OTHER CONSULTING SERVICES FROM ADVANCED SYSTEMS DESIGN, INC., (NON-MINORITY/NON-LOCAL VENDOR, 2450 TIM GAMBLE PLACE SUITE 200, TALLAHASSEE, FLORIDA) UTILIZING AN EXISTING STATE OF FLORIDA CONTRACT NO. 973-509-02-1, EFFECTIVE THROUGH DECEMBER 6, 2002, SUBJECT TO ANY EXTENSIONS THERETO BY THE STATE OF FLORIDA, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, AT A TOTAL AMOUNT NOT TO EXCEED $275,000; ALLOCATING FUNDS, FOR THE FISCAL YEAR 2001- 2002, THEREFOR FROM GENERAL FUND ACCOUNT CODE NO. 001000.460101.6.270 AND VARIOUS CIP ACCOUNTS, IN THE AMOUNT OF $63,000; AND FUTURE ALLOCATIONS FROM FISCAL YEAR 2002- 2003 OPERATING BUDGETS, AND VARIOUS CIP ACCOUNTS, SUBJECT TO PRIOR BUDGETARY APPROVAL, AT TIME OF NEED. PAGE 10 JULY 9, 2002 R-02-792 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE CA -9 CONSENT AGENDA CONT'D RESOLUTION - (J-02-590) - (AUTHORIZING SETTLEMENT) AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JORGE PALOMINO THE SUM OF $60,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE JORGE PALOMINO VS. CITY OF MIAMI, ET AL., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 00-10409 CA (05), UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFORE FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651. CA -10. WITHDRAWN PAGE 11 JULY 9, 2002 R-02-793 MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE CONSENT AGENDA CONT'D CA -11. ACCEPTING A REPORT FROM THE CIVIL SERVICE MINDINGALL BOARD. CA -12. ACCEPTING A REPORT FROM THE CITY MANAGER REGARDING COMMISSION DIRECTIVES. END OF CONSENT AGENDA PAGE 12 JULY 9, 2002 M-02-794 MOVED: SECONDED ABSENT: M-02-795 MOVED: SECONDED ABSENT: GONZALEZ SANCBEZ TEELE GONZALEZ SANCBEZ TEELE MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ A. DISCUSSION CONCERNING THE CITY OF MIAMI'S BID TO HOST THE 2003 AND 2004 ESPN X -GAMES. (This item was deferred from the meeting of June 27, 2002) PAGE 13 JULY 9, 2002 R-02-783 MOVED: SECONDED ABSENT: SANCBEZ GONZALEZ TEELE PAGE 14 JULY 9, 2002 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 1 COMMISSIONER ANGEL GONZALEZ PAGE 15 JULY 9, 2002 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 2 VICE CHAIRMAN JOHNNY L. WINTON A. DISCUSSION CONCERNING AN IMMEDIATE INCREASE M-02-796 IN MY OFFICE BUDGET FOR 2001-2002, IN THE MOVED: WINTON AMOUNT OF $30,000. SECONDED: GONZALEZ UNANIMOUS PAGE 16 JULY 9, 2002 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 3 COMMISSIONER JOE SANCHEZ MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 4 CHAIRMAN TOMAS REGALADO A. DISCUSSION CONCERNING CO-SPONSORSHIP OF THE 2003 ART -MIAMI EVENT. (This item was deferred from the meeting of June 27, 2002) B. DISCUSSION CONCERNING THE CRITERIA BEING USED TO CONDUCT WRITTEN AND ORAL EXAMS TO SPANISH SPEAKING INDIVIDUALS WHO SEEK EMPLOYMENT. (This item was deferred from the meetings of May 23, June 13, and June 27, 2002) C. DISCUSSION CONCERNING A PROPOSED MEGA CONCERT ON NEW YEAR'S EVE (DECEMBER 31, 2002) (This item was deferred from the meeting of June 13, and June 27, 2002) D. DISCUSSION CONCERNING THE PROCESS TO PUBLISH CITY SUPPLEMENTAL OR COURTESY PUBLIC NOTICES IN COMMUNITY-BASED NEWSPAPERS AFTER THE MIAMI CITY COMMISSION AMENDED RESOLUTION # 02-288. (This item was deferred from the meeting of June 13, and June 27, 2002) PAGE 17 JULY 9, 2002 M-02-836 MOVED: REGALADO SECONDED: TEELE ABSENT: SANCBEZ M-02-800 MOVED: SANCBEZ SECONDED: WINTON UNANIMOUS DEFERRED E. DISCUSSION CONCERNING THE CITY OF MIAMI'S COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT. (This item was deferred from the meetings of May 23, and June 13, and June 27, 2002) F. DISCUSSION CONCERNING INITIATING THE PROCESS TO CHANGE THE SUBDIVISION (BOUNDARY LOCATION AREA: SOUTHWEST 4TH STREET TO THE NORTH; SOUTHWEST 7TH STREET TO THE SOUTH; SOUTHWEST 32ND AVENUE TO THE WEST; SOUTHWEST 30TH AVENUE TO THE EAST) FROM R-1 TO R-2. G. PRESENTATION CONCERNING DOWNTOWN'S HOLIDAY VILLAGE". (This item was deferred from the meeting of June 13, and June 27, 2002) PAGE 18 JULY 9, 2002 M-02-799 MOVED: SECONDED ABSENT: R-02-806 MOVED: SECONDED ABSENT: REGALADO GONZALEZ SANCBEZ, WINTON GONZALEZ SANCBEZ WINTON MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 5 COMMISSIONER ARTHUR E. TEELE, JR A. RESOLUTION - (J-02-577) - (ADOPTING A POLICY RELATING TO ENVIRONMENTAL ASSESSMENT REQUIREMENTS) ADOPTING A POLICY RELATING TO ENVIRONMENTAL ASSESSMENT REQUIREMENTS FOR THE PROCESSING OF PURCHASE AND SALE AGREEMENTS RELATED TO PROPERTIES PURCHASED THROUGH THE LAND ASSEMBLY PHASE OF THE MODEL CITY HOMEOWNERSHIP PILOT PROJECT. (This item was deferred from the meeting of June 13, 2002) B. DISCUSSION CONCERNING THE FINANCES AND 5:00 P.M. BUDGET OF THE COMMUNITY REDEVELOPMENT AGENCY; SPECIFICALLY 1) THE ROLE OF THE COUNTY IN APPROVING CRA BUDGET WITH REASONABLE LIMITATION IN THE CONTEXT OF CHAPTER 163 F.S 2) ROLE OF THE CITY AS THE CRA'S FIDUCIARY BY INTERLOCAL AGREEMENT, AND THE BUDGETING PROCESS IN THE CONTEXT OF COMPLIANCE WITH CITY OF MIAMI COMMISSION AND CRA BOARDS INSTRUCTIONS REGARDING ADOPTED BUDGET 3) DISCUSSION OF THE CRA's AUDIT AND ISSUANCE OF MANAGEMENT LETTER AND 4) TIMING OF AUDIT OF THE CRA'S BOOKS. PAGE 19 JULY 9, 2002 R-02-798 MOVED: TEELE SECONDED:GONZALEZ UNANIMOUS M-02-813 MOVED: TEELE SECONDED:GONZALEZ UNANIMOUS M-02-814 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS 2. DISCUSSION CONCERNING A FRAMEWORK FOR THE MAYOR'S PROPOSED STRATEGIC PLAN. (This item was deferred from the meetings of June 13, and June 27, 2002) PAGE 20 JULY 9, 2002 M-02-784 MOVED: SANCBEZ SECONDED: WINTON ABSENT: WINTON, TEELE PUBLIC HEARING ITEMS 3. RESOLUTION - (J-02-) - (RATIFIES, APPROVES AND CONFIRMS THE CITY MANAGER'S DETERMINATION THAT A COMPETITIVE PROCESS IS NOT PRACTICABLE OR ADVANTAGEOUS) (4/5TNS VOTE) RATIFIES, APPROVES, AND CONFIRMS THE CITY MANAGER'S DETERMINATION THAT A COMPETITIVE PROCESS IS NOT PRACTICABLE OR ADVANTAGEOUS, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES, AND AUTHORIZING THE CITY MANAGER TO PROCURE FROM STANDARD REGISTER, (NON-MINORITY/NON-LOCAL VENDOR, 1802 N. UNIVERSITY DRIVE, SUITE 338, PLANTATION, FLORIDA) A MODEL 3510 500 FPM HEAVY DUTY FORMS BURSTER/SIGNER IN AN AMOUNT NOT TO EXCEED $25,925 PROVIDING FOR AN EXTENDED WARRANTY FOR FIVE (5) YEARS, IN AN ANNUAL AMOUNT NOT TO EXCEED $3,084, WITH FUNDING FOR ACQUISITION OF SAID EQUIPMENT AVAILABLE FROM ACCOUNT CODE NUMBER 001000.260301.6650.84013 ($8,375), AND ACCOUNT CODE NUMBER 311013.269401.6.840 ($17,550), AND FUNDING FOR THE ANNUAL SERVICE MAINTENANCE AVAILABLE FROM ACCOUNT CODE NUMBER 001000.260201.6.340. (This item was deferred from the meeting of June 27, 2002) 4. DISCUSSION CONCERNING A STATUS REPORT PREPARED BY OUTSIDE LEGAL COUNSEL MATTHEW LEIBOWITZ, LEIBOWITZ AND ASSOCIATES, P.A., REGARDING THE CHANGE OF CONTROL OF THE CABLE TELEVISION LICENSE GRANTED TO MIAMI TELECOMMUNICATIONS, INC., (THE "LICENSEE") A SUBSIDIARY OF AT&T BROADBAND LLC, BY RESOLUTION NO. 00-489, FROM AT&T BROADBAND, LLC, TO AT&T COMCAST CORPORATION. (This item was deferred from the meeting of June 27, 2002) PAGE 21 JULY 9, 2002 WITHDRAWN M-02-835 MOVED: SECONDED ABSENT: TEELE GONZALEZ SANCHEZ PUBLIC HEARING ITEMS CONT'D 5. RESOLUTION - (J-02-5728) - (APPROVING THE CHANGE OF CONTROL OF THE CABLE TELEVISION LICENSE) APPROVING THE CHANGE OF CONTROL OF THE CABLE TELEVISION LICENSE GRANTED TO MIAMI TELE -COMMUNICATIONS INC. (THE "LICENSEE") FROM AT&T BROADBAND LLC TO AT&T COMCAST CORPORATION; PROVIDING FOR AN EFFECTIVE DATE. (This item was deferred from the meeting of June 13, 2002) 5A. RESOLUTION - (J -02-572A) - (DENYING THE CHANGE OF CONTROL OF THE CABLE TELEVISION LICENSE) DENYING THE CHANGE OF CONTROL OF THE CABLE TELEVISION LICENSE GRANTED TO MIAMI TELE -COMMUNICATIONS INC. (THE "LICENSEE") FROM AT&T BROADBAND LLC TO AT&T COMCAST CORPORATION; PROVIDING FOR AN EFFECTIVE DATE. (This item was deferred from the meeting of June 13, 2002) PAGE 22 JULY 9, 2002 DEFERRED TO JULY 25, 2002 MEETING M-02-801 MOVED: TEELE SECONDED: GONZALEZ ABSENT: WINTON DEFERRED TO JULY 25, 2002 MEETING M-02-801 MOVED: TEELE SECONDED: GONZALEZ ABSENT: WINTON PUBLIC HEARING ITEMS CONT'D 6. RESOLUTION - (J-02-) - (APPROVING THE CITY OF MIAMI'S FIVE (5) YEAR STRATEGIC (FY 2000-2004) AND ANNUAL (FY 2002-2003) APPROVING THE CITY OF MIAMI'S FIVE (5) YEAR STRATEGIC (FY 2000-2004) AND ANNUAL (FY 2002- 2003) PUBLIC HOUSING PLANS, IN CONNECTION WITH THE IMPLEMENTATION AND ADMINISTRATION OF THE CITY'S SECTION 8 MODERATE REHABILITATION VOUCHER REPLACEMENT PROGRAM; AUTHORIZING THE CITY MANAGER TO SUBMIT THE ATTACHED PLAN(S) ATTACHED HERETO AND MADE A PART HEREOF, FOR REVIEW AND APPROVAL BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND TO EXECUTE ANY AND ALL DOCUMENTS AND CERTIFICATIONS REQUIRED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SUBMISSION OF THE ATTACHED PHA PLANS. (This item was deferred from the meeting of June 27, 2002) 7. REPRESENTATIVES OF BAYSIDE MARKETPLACE TO DISCUSS ITS OPERATIONS, INCLUDING POLICE, SECURITY, PROMOTIONS, AND THE MINORITY PARTICIPATION AGREEMENT AND WHETHER OR NOT BAYSIDE IS IN COMPLIANCE WITH SAME. (This item was deferred from the meeting of June 13, 2002) PAGE 23 JULY 9, 2002 R-02-807 MOVED: SANC]HEZ SECONDED: GONZALEZ ABSENT: WINTON M-02-808 MOVED: SECONDED: ABSENT: REGALADO GONZALEZ TEELE R-02-809 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS M-02-810 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS PUBLIC HEARING ITEMS CONT'D 8. RESOLUTION - (J-02-) - (WAIVING COMPETITIVE NEGOTIATION PROCEDURES FOR THE PROVISION OF PROFESSIONAL SERVICES) (4/5TNS VOTE) WAIVING COMPETITIVE NEGOTIATION PROCEDURES FOR THE PROVISION OF PROFESSIONAL SERVICES FOR THE ADMINISTRATION OF EDUCATIONAL, RECREATIONAL AND CULTURAL PROGRAMS AT THE CITY OWNED PROPERTY, LOCATED AT APPROXIMATELY 3255 PLAZA STREET, MIAMI, FLORIDA, COMMONLY KNOWN AS THE ELIZABETH VIRRICK PARK (THE "PARK"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE BOYS & GIRLS CLUBS OF MIAMI, INC. (THE "PROVIDER"), A NOT FOR PROFIT ORGANIZATION, FOR THE PROVISION OF ATHLETIC AND COUNSELING PROGRAMS AVAILABLE TO THE SURROUNDING COMMUNITY OF THE PARK, WITH AN INITIAL TERM OF FIVE (5) YEARS AND WITH THE OPTION TO EXTEND THE AGREEMENT FOR THREE (3) ADDITIONAL FIVE (5) YEAR PERIODS. PAGE 24 JULY 9, 2002 R-02-811 MOVED: SANC]HEZ SECONDED: TEELE ABSENT: GONZALEZ PUBLIC HEARING ITEMS CONT'D 9. RESOLUTION - (J-02-) - (WAIVING COMPETITIVE NEGOTIATION PROCEDURES FOR THE PROVISION OF PROFESSIONAL SERVICES) (4/5TNS VOTE) WAIVING COMPETITIVE NEGOTIATION PROCEDURES FOR THE PROVISION OF PROFESSIONAL SERVICES FOR THE ADMINISTRATION OF EDUCATIONAL, RECREATIONAL AND CULTURAL PROGRAMS AND ACTIVITIES AT THE CITY OWNED PROPERTY, LOCATED AT APPROXIMATELY 3255 PLAZA STREET, MIAMI, FLORIDA, COMMONLY KNOWN AS THE ELIZABETH VIRRICK PARK (THE "PARK"); AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH COCONUT GROVE CARES, INC. (THE "PROVIDER"), A NON-PROFIT CORPORATION, FOR THE PURPOSE OF PROVIDING EDUCATIONAL, RECREATIONAL AND CULTURAL PROGRAMS AVAILABLE TO THE SURROUNDING COMMUNITY OF THE PARK, WITH AN INITIAL TERM OF FIVE (5) YEARS AND WITH THE OPTION TO EXTEND THE AGREEMENT FOR THREE (3) ADDITIONAL FIVE (5) YEAR PERIODS. PAGE 25 JULY 9, 2002 R-02-812 MOVED: WINTON SECONDED: SANCBEZ ABSENT: GONZALEZ NOTE: 10. PERSONAL APPEARANCES LEGISLATION MAY RESULT FROM CITY COMMISSION CONSIDERATION OF ANY PERSONAL APPEARANCE. PRESENTATION OF MR. GARY E. MASON, NEW OVERTOWN NET ADMINISTRATOR. 11. MS. ANITA MCGRUDER, CHAIR, MIAMI COMMISSION ON THE STATUS OF WOMEN TO ADDRESS THE COMMISSION CONCERNING A RESOLUTION RELATING TO THE EQUAL RIGHTS AMENDMENT. 11A. MR. VICTOR CASTRO, DEPUTY DIRECTOR OF KIDS IN DADE SOCIETY, INC./THE FLORIDA YOUTH CADETS TO ADDRESS THE COMMISSION CONCERNING FINANCIAL SUPPORT FOR A MONDAY THROUGH FRIDAY STRUCTURED SUMMER DAY CAMP PROGRAM WITHIN MIAMI-DADE COUNTY PUBLIC SCHOOLS. ADMINISTRATION RECOMMENDATION: TO BE DISCUSSED PAGE 26 JULY 9, 2002 DISCUSSED R-02-802 MOVED: SECONDED ABSENT: TEELE GONZALEZ REGALADO R-02-803 MOVED: TEELE SECONDED: SANCBEZ ABSENT: REGALADO M-02-804 MOVED: SECONDED ABSENT: DISCUSSED TEELE GONZALEZ REGALADO 11B. MRS. ANN MILLER FROM AMERICA'S LIFE LINE FOUNDATION TO ADDRESS THE COMMISSION CONCERNING CO-SPONSORSHIP AND IN-KIND SERVICES FOR THE TRIBUTE TO AMERICA - A PATRIOTIC EVENT ON SEPTEMBER 11, 2002 AT THE JAMES L. KNIGHT CENTER. ADMINISTRATION RECOMMENDATION: TO BE DISCUSSED PAGE 27 JULY 9, 2002 R-02-805 MOVED: SANCBEZ SECONDED: GONZALEZ ABSENT: REGALADO 12. DISCUSSION CONCERNING THE DESIGNATION OF 1995 SANITARY SEWER BOND PROCEEDS, ORIGINALLY INTENDED FOR THE COCONUT GROVE AREA, TO BE APPROPRIATED TO OTHER AREAS WITHIN THE CITY OF MIAMI FOR PROJECTS ALLOWABLE UNDER THE BOND DOCUMENTS AND APPROVED PER THE ELECTED OFFICIALS OF THE CITY OF MIAMI. (This item was deferred from the meeting of June 27, 2002) 13. EMERGENCY ORDINANCE - (J-02-) (4/5TNS VOTE) (Note: This item is being presented as an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon 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 supplies and to generally carry on the functions and duties of municipal affairs) 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 MAKE APPROPRIATIONS FOR NEW PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2001-2002; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. (This item was deferred from the meeting of June 27, 2002) PAGE 28 JULY 9, 2002 DISCUSSED EMERGENCY ORD. 12253 (MODIFIED) MOVED: GONZALEZ SECONDED: TEELE UNANIMOUS 13A. ORDINANCES — EMERGENCY CONT'D EMERGENCY ORDINANCE - (J-02-597) (4/5TNS VOTE) (Note: This item is being presented as an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies, and to generally carry on the functions and duties of municipal affairs) AMENDING ORDINANCE NO. 12128, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, AND TO REVISE CERTAIN ONGOING CAPITAL IMPROVEMENT PROJECTS AND MAKE APPROPRIATIONS FOR NEW PROJECTS 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 29 JULY 9, 2002 EMERGENCY ORD. 12252 (MODIFIED) MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS 14. ORDINANCES — EMERGENCY CONT'D EMERGENCY ORDINANCE - (J-02-) (4/5TNS VOTE) (Note: This item is being presented as an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies, and to generally carry on the functions and duties of municipal affairs) AMENDING ORDINANCE NO. 12128, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, THEREBY REPROGRAMMING APPROPRIATIONS IN THE AMOUNT OF $100,000 FROM EXISTING CAPITAL IMPROVEMENT PROJECT NO. 326013, ENTITLED "DINNER KEY MARINA DINGHY DOCK REPLACEMENT", TO A NEW CAPITAL IMPROVEMENT PROJECT NO. 326011, ENTITLED "DINNER KEY MARINA RENOVATIONS", FOR PIER IMPROVEMENTS AND OTHER FACILITY UPGRADES REQUIRED AT DINNER KEY MARINA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. (This item was deferred from the meeting of June 27, 2002) PAGE 30 JULY 9, 2002 EMERGENCY ORD. 12254 MOVED: WINTON SECONDED: GONZALEZ ABSENT: TEELE 15. ORDINANCES — EMERGENCY CONT'D EMERGENCY ORDINANCE - (J-02-) (4/5TNS VOTE) (Note: This item is being presented as an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon further grounds of the necessity to make the required and necessary payments of its debts, 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 ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, THEREBY INCREASING APPROPRIATIONS FOR CAPITAL IMPROVEMENT PROJECT NO. 311062, ENTITLED "CITY FACILITIES ENVIRONMENTAL REMEDIATION", FROM $110,000 TO $300,000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. (This item was deferred from the meeting of June 27, 2002) PAGE 31 JULY 9, 2002 EMERGENCY ORD. 12255 MOVED: WINTON SECONDED: SANCBEZ ABSENT: TEELE 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_ 16. SECOND READING ORDINANCE - (J-02-331) AMENDING CHAPTER 40/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION 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 IN OFFICE AS OF OCTOBER 1, 2001 AND THEREAFTER, 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. (This item was deferred from the meeting of June 27, 2002) DATE OF FIRST READING : MAY 23, 2002 MOVED : COMMISSIONER GONZALEZ SECONDED : COMMISSIONER SANCHEZ ABSENT : VICE-CHAIRMAN WINTON COMMISSIONER TEELE 17. SECOND READING ORDINANCE - (J-02-499) AMENDING ORDINANCE NO. 12173, ADOPTED JANUARY 10, 2002, WHICH ESTABLISHED AND APPROPRIATED FUNDS FOR A NEW SPECIAL REVENUE FUND ENTITLED "MIAMI-DADE COUNTY EMS GRANT AWARD (FY 2001- 02)", INCREASING APPROPRIATIONS IN THE AMOUNT OF $120,000 RECEIVED AS CARRY-OVER FUNDS FROM PREVIOUS YEAR GRANT AWARDS, FOR A TOTAL APPROPRIATION IN THE AMOUNT OF $228,376.96; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. DATE OF FIRST READING : JUNE 13, 2002 MOVED : VICE CHAIRMAN WINTON SECONDED : COMMISSIONER TEELE ABSENT : COMMISSIONER GONZALEZ COMMISSIONER SANCHEZ PAGE 32 JULY 9, 2002 DEFERRED TO SEPTEMBER 12, 2002 ORDINANCE 12256 MOVED: SANC]HEZ SECONDED: GONZALEZ ABSENT: TEELE 18. 19. ORDINANCES — SECOND READING CONT'D WITHDRAWN SECOND READING ORDINANCE - (J-02-527) AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/COUNCILS, COMMITTEES, COMMISSIONS, TO FORMALLY ESTABLISH THE CITY OF MIAMI SISTER CITIES PROGRAM AND ESTABLISH THE SISTER CITIES COORDINATING COUNCIL (COUNCIL) AND PROVIDE FOR THE "SUNSET" OF SAID COUNCIL; TO SET FORTH SAID COUNCIL'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 16, CONSISTING OF SECTIONS 2-1215 THROUGH 2-1222, AND AMENDING SECTION 2-892 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. (This item was deferred from the meeting of June 27, 2002) DATE OF FIRST READING : MAY 23, 2002 MOVED : COMMISSIONER SANCHEZ SECONDED : COMMISSIONER GONZALEZ ABSENT : VICE-CHAIRMAN WINTON PAGE 33 JULY 9, 2002 ORDINANCE 12251 MOVED: SANC]HEZ SECONDED: GONZALEZ ABSENT: TEELE 19A. ORDINANCES - SECOND READING CONT'D SECOND READING ORDINANCE - (J-02-578) AMENDING CHAPTER 12.5, ARTICLE I, DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "COMMUNITY REVITALIZATION, COMMUNITY REVITALIZATION DISTRICTS, MODEL CITY HOMEOWNERSHIP TRUST" TO: (A) CHANGE THE NAME OF THE TRUST TO MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST; (B) EXPAND THE BOUNDARIES OF THE MODEL CITY REVITALIZATION DISTRICT; (C) EXPAND THE TRUST'S POWERS AND DUTIES; (D) PROVIDE FOR THE APPOINTMENT OF THE TRUST PRESIDENT/CHIEF EXECUTIVE OFFICER; AND (E) PROVIDE FOR TRANSITION OF PRESIDENT/CHIEF EXECUTIVE OFFICER AND TRANSITIONAL PROCEDURES FOR CERTAIN OPERATIONAL AND BUDGET FUNCTIONS; MORE PARTICULARLY BY AMENDING SECTIONS 12.5- 26, 12.5-27, 12.5-29, 12.5-31, AND 12.5-32 AND BY ADDING NEW SECTIONS 12.5-33 AND 12.5-36 TO THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. DATE OF FIRST READING : JUNE 13, 2002 MOVED : COMMISSIONER TEELE SECONDED : COMMISSIONER GONZALEZ ABSENT : VICE-CHAIRMAN WINTON PAGE 34 JULY 9, 2002 M-02-824 MOVED: SANCHEZ SECONDED: GONZALEZ NAYS: TEELE M-02-825 MOVED: TEELE SECONDED: GONZALEZ UNANIMOUS ORDINANCE 12257 (MODIFIED) MOVED: TEELE SECONDED: WINTON UNANIMOUS 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. 20. FIRST READING ORDINANCE - (J-02-448) AMENDING CHAPTER 22/ARTICLES I, II, AND III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE/IN GENERAL/REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION/ENFORCEMENT AND ADMINISTRATION TO UPDATE CERTAIN SECTIONS AND PROVIDE FOR MORE STRINGENT ENFORCEMENT OF LITTER VIOLATIONS; MORE PARTICULARLY BY AMENDING SECTIONS 22-1,22-2, 22-4, 22-6, 22-7, 22-12, 22-14, 22-15, 22-18, 22-46, 22-47, 22-50, 22-52, 22-53, 22-54, 22-55, 22-56, 22-57, 22-87, 22-92, and 22-93 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 21. FIRST READING ORDINANCE - (J-02-) ACCEPTING A GRANT FROM CORAL GABLES HOSPITAL/TENET SOUTH FLORIDA HEALTHSYSTEM AND TENET FOUNDATION, TO ESTABLISH A NEW SPECIAL REVENUE FUND ENTITLED "CORAL GABLES HOSPITAL/TENET FOUNDATION CONTRIBUTION" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $2,500; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT THE GRANT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. PAGE 35 JULY 9, 2002 FIRST READING ORDINANCE MOVED: GONZALEZ SECONDED: SANCBEZ ABSENT: TEELE FIRST READING ORDINANCE MOVED: SANCBEZ SECONDED: WINTON UNANIMOUS RESOLUTIONS CONT'D DEPARTMENT OF CONFERENCES, CONVENTIONS, PUBLIC FACILITIES 22. RESOLUTION - (J-02-279) - (ACCEPTING THE BID) ACCEPTING THE BID OF WORLDWIDE WHOLESALE FORKLIFTS, (NON-MINORITY/NON-LOCAL VENDOR, 268 S.W. 32 COURT, FT. LAUDERDALE, FLORIDA) THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 01-02-065, DATED JANUARY 14, 2002, FOR THE PROCUREMENT OF A FORKLIFT FOR USE AT THE COCONUT GROVE EXPO CENTER, FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, IN AN AMOUNT NOT TO EXCEED $17,085; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT, ACCOUNT NO. 325006.359301.830. (This item was deferred from the meetings of April 25 and June 27, 2002) 23. RESOLUTION - (J-02-520) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY) (4/5TNS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING PURCHASE ORDER NO. 229240 FOR THE ACQUISITION OF REPAIR SERVICES FOR THE TAYLOR TM -120 MARINE FORK LIFT TRUCK AT THE MARINE STADIUM MARINA FROM A & S EQUIPMENT CO. & FORKLIFT REPAIR, (NON-MINORITY/MIAMI-DADE COUNTY VENDOR, 1900 N.W. 95TH AVENUE, MIAMI, FLORIDA), FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, IN AN AMOUNT NOT TO EXCEED $7,900; ALLOCATING FUNDS FROM THE MARINE STADIUM MARINA FY 2002 GENERAL OPERATING BUDGET, ACCOUNT NO. 402003.350508.670. (This item was deferred from the meeting of June 27, 2002) PAGE 36 JULY 9, 2002 R-02-817 MOVED: WINTON SECONDED: SANCHEZ UNANIMOUS MOVED: SANCHEZ SECONDED: WINTON UNANIMOUS PAGE 37 JULY 9, 2002 RESOLUTIONS CONT'D 24. RESOLUTION - (J-02-521) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY) (4/5TNS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING A PURCHASE ORDER NO. 229104 FOR THE REMOVAL, PURCHASE AND INSTALLATION OF THREE FLAGPOLES FOR THE MIAMI CONVENTION CENTER, FROM THE FLAG LADY, (FEMALE/MIAMI-DADE COUNTY VENDOR, 260 N.W. 143 ST., MIAMI, FLORIDA), FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, IN AN AMOUNT NOT TO EXCEED $20,500; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECTS, ACCOUNT CODE NO. 325010.359301.860. (This item was deferred from the meeting of June 27, 2002) PAGE 38 JULY 9, 2002 R-02-819 MOVED: WINTON SECONDED: SANCBEZ ABSENT: GONZALEZ RESOLUTIONS CONT'D DEPARTMENT OF FINANCE 25. RESOLUTION - (J-02-) - (AUTHORIZING THE 10:00 A.M. ISSUANCE OF BONDS) AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $160,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF MIAMI, FLORIDA LIMITED AD VALOREM TAX BONDS, SERIES 2002 (HOMELAND DEFENSE/ NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECTS), TO PAY FOR THE COSTS OF ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENTS WITHIN THE CITY; PROVIDING THAT SUCH LIMITED AD VALOREM TAX BONDS SHALL NOT CONSTITUTE GENERAL OBLIGATIONS OF THE CITY BUT SHALL BE SPECIAL LIMITED OBLIGATIONS PAYABLE FROM A LIMITED AD VALOREM TAX TO BE LEVIED ANNUALLY ON ALL TAXABLE PROPERTY IN THE CITY, WHICH LIMITED AD VALOREM TAX SHALL BE PLEDGED FOR THE PAYMENT OF THE PRINCIPAL OF AND THE INTEREST ON SUCH LIMITED AD VALOREM TAX BONDS; PROVIDING A SECONDARY SOURCE OF PAYMENT FOR SUCH LIMITED AD VALOREM TAX BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; DELEGATING TO THE CITY MANAGER THE DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING THE BONDS; AUTHORIZING THE NEGOTIATED SALE OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH; APPROVING UNCERTIFICATED, BOOK -ENTRY ONLY REGISTRATION OF SAID BONDS WITH THE DEPOSITORY TRUST COMPANY; DELEGATING TO THE CITY MANAGER AUTHORITY TO NEGOTIATE AND OBTAIN A MUNICIPAL BOND INSURANCE POLICY TO INSURE SAID BONDS AND TO EXECUTE AND DELIVER ANY RELATED AGREEMENTS; APPOINTING A PAYING AGENT AND BOND REGISTRAR; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT AND REGISTRAR AGREEMENT; PROVIDING FOR A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE SELECTION OF A FINANCIAL PRINTER THEREFOR; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12 AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT THERETO; AUTHORIZING ALL REQUIRED ACTIONS; AND PROVIDING AN EFFECTIVE DATE. PAGE 39 JULY 9, 2002 R-02-797 (MODIFIED) MOVED: SANCHEZ SECONDED: GONZALEZ UNANIMOUS RESOLUTIONS CONT'D DEPARTMENT OF FIRE -RESCUE 26. RESOLUTION - (J-02-450) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY) (4/5TNS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING PURCHASE ORDER NO. 221049 AND 221050 FOR THE ACQUISITION OF MEDICAL WASTE REMOVAL SERVICES FOR THE DEPARTMENT OF FIRE -RESCUE AND CITY-WIDE USE FROM BIO -MEDICAL WASTE SERVICES, INC., (HISPANIC/MIAMI-DADE COUNTY VENDOR, 8285 N.W. 64TH STREET, BAY #5, MIAMI, FLORIDA) UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO.1B5797-1/00-2/CW, EFFECTIVE THROUGH NOVEMBER 30, 2001, AND ANY EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $9,000; ALLOCATING FUNDS AS FOLLOWS: $4,500 FROM ACCOUNT CODE NO. 001000.280601.6.340 AND $4,500 FROM ACCOUNT CODE NO. 001000.929601.6.340. (This item was deferred from the meetings of May 23, and June 13, 2002) PAGE 40 JULY 9, 2002 R-02-820 MOVED: WINTON SECONDED: SANCBEZ ABSENT: GONZALEZ 27. 28. RESOLUTIONS CONT'D RESOLUTION - (J-02-514) - (ACCEPTING BIDS) ACCEPTING THE BIDS OF AUSTIN'S DIVING CENTER, INC., (NON-MINORITY/MIAMI-DADE COUNTY VENDOR, 10525 SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA) DIVERS UNLIMITED, (NON-MINORITY/NON-LOCAL VENDOR, 10191 PINES BOULEVARD, PEMBROKE PINES, FLORIDA) LEISURE PRO, LTD., (NON-MINORITY/NON- LOCAL VENDOR, 42 WEST 18TH STREET, NEW YORK, NEW YORK) AND MERMAIDS DIVE CENTER, (FEMALE/MIAMI-DADE COUNTY VENDOR, 16604 N.E. 2ND AVENUE, NORTH MIAMI BEACH, FLORIDA) THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS PURSUANT TO INVITATION FOR BIDS NO. 01-02-134R, DATED FEBRUARY 20, 2002, FOR THE PROVISION DIVING EQUIPMENT FOR THE DEPARTMENT OF FIRE -RESCUE, IN A TOTAL AMOUNT NOT TO EXCEED $58,393.90; ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENTS PROJECT NO. 313304, ACCOUNT CODE NO. 289401.6.850, AS FUNDED BY THE FIRE ASSESSMENT FEE. (This item was deferred from the meeting of June 13, 2002) RESOLUTION - (J-02-517) - (APPROVING PROCUREMENT) APPROVING THE PROCUREMENT OF AUTOMOTIVE FIRE APPARATUS FOR THE DEPARTMENT OF FIRE - RESCUE FROM PIERCE MANUFACTURING, INC., (NON- MINORITY/NON-LOCAL VENDOR, 2600 AMERICAN DRIVE, APPLETON, WISCONSIN) ON AN AS -NEED BASIS, UNDER EXISTING LAKE COUNTY, FLORIDA BID NO. 99-150, EFFECTIVE THROUGH JULY 31, 2000, AND ANY EXTENSIONS, WITH AN OPTION TO RENEW FOR FOUR ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 313233, ACCOUNT CODE NO. 289401.6.840, AS FUNDED BY THE FIRE ASSESSMENT FEE, FOR THE INITIAL PURCHASE AND AUTHORIZING PURCHASES AS NEEDED, SUBJECT TO AVAILABILITY OF FUNDS, FOR THE REMAINING CONTRACT PERIODS. (This item was deferred from the meeting of June 13, 2002) PAGE 41 JULY 9, 2002 R-02-821 MOVED: SANCBEZ SECONDED: WINTON ABSENT: GONZALEZ R-02-822 MOVED: WINTON SECONDED: SANCBEZ ABSENT: GONZALEZ RESOLUTIONS CONT'D 29. RESOLUTION - (J-02-595) - (RELATING TO THE PROVISION OF FIRE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA) RELATING TO THE PROVISION OF FIRE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE ASSESSMENT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002, IN ACCORDANCE WITH THE CITY OF MIAMI FIVE-YEAR PLAN; PROVIDING FOR NEW DEFINITIONS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 12, 2002, AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. DEPARTMENT OF SOLID WASTE 30. RESOLUTION - (J-02-596) - (RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA) RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 12,2002; AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 42 JULY 9, 2002 R-02-823 MOVED: SECONDED ABSENT: R-02-826 MOVED: SECONDED ABSENT: NAYS: WINTON SANC]HEZ GONZALEZ GONZALEZ TEELE SANC]HEZ WINTON RESOLUTIONS CONT'D NET OFFICE 31. RESOLUTION - (J-02-582) - (RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY) (4/5TNS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ISSUING PURCHASE ORDER NO. 219407 FOR THE PROCUREMENT OF AN ENGINEERING READER PRINTER, MODEL RP 6009Z, INCLUDING TRAINING AND A ONE-YEAR MAINTENANCE AGREEMENT, FOR THE NEIGHBORHOOD ENHANCEMENT TEAM ("NET") FROM MINOLTA BUSINESS SYSTEMS, INC., (NON-MINORITY/MIAMI-DADE COUNTY VENDOR, 7825 N.W. 148TH STREET, MIAMI, FLORIDA) IN AN AMOUNT NOT TO EXCEED $35,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 145001.251113.6.840. (This item was deferred from the meeting of June 13, 2002) DEPARTMENT OF OFF-STREET PARKING 32. RESOLUTION - (J-02-417) - (AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE CITY OF MIAMI DEPARTMENT OF OFF-STREET PARKING FOR THE CONSTRUCTION, OPERATION, MAINTENANCE AND MANAGEMENT OF THE TWO PARKING FACILITIES TO BE LOCATED ON WATSON ISLAND FOR A PERIOD OF TWENTY YEARS, WITH THE OPTION TO RENEW FOR ONE TEN-YEAR PERIOD BY MUTUAL AGREEMENT, AND UNDER THE TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. (This item was deferred from the meetings of May 9, and June 27, 2002) PAGE 43 JULY 9, 2002 R-02-827 MOVED: SECONDED AB SEMT: R-02-828 MOVED: SECONDED ABSENT: WINTON GONZALEZ SANC]HEZ GONZALEZ SANC]HEZ SANC]HEZ RESOLUTIONS CONT'D DEPARTMENT OF PUBLIC WORKS 33. RESOLUTION - (J-02-) - (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, AND AMENDING RESOLUTION NO. 01-477, ADOPTED MAY 24, 2001, BY INCREASING THE CONTRACT WITH, MORLIC ENGINEERING CORP., (HISPANIC/NON- LOCAL VENDOR, 7575 N.W. 7TH STREET, MIAMI, FLORIDA) IN AN AMOUNT NOT TO EXCEED $130,000, FROM $1,233,564.05 TO $1,363,564.05 FOR THE "ROADS AREA STREET/STORM SEWER PROJECT, B- 5605" ALLOCATING FUNDS THEREFORE FROM PROJECT NO. 352279, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED. (This item was deferred from the meeting of June 27, 2002) 34. RESOLUTION - (J-02-522) - (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 AND AUTHORIZING AN INCREASE IN THE CONTRACT WITH H & R PAVING, INC., (HISPANIC/NON-LOCAL VENDOR, 1955 N.W. 110TH AVENUE, MIAMI, FLORIDA) PURSUANT TO RESOLUTION NO. 01-1284, ADOPTED DECEMBER 13, 2001, IN AN AMOUNT NOT TO EXCEED $25,000, FROM $88,246.65 TO $113,246.65, FOR ADDITIONAL WORK ON THE PROJECT ENTITLED "OMNI AREA PAVING PROJECT, B-4641"; ALLOCATING FUNDS FROM PROJECT NO. 341170, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED. (This item was deferred from the meeting of June 27, 2002) PAGE 44 JULY 9, 2002 1 : • MOVED: WINTON SECONDED: GONZALEZ ABSENT: SANC]HEZ R-02-830 MOVED: WINTON SECONDED: GONZALEZ ABSENT: SANC]HEZ 34A. RESOLUTIONS CONT'D DEPARTMENT OF LAW RESOLUTION - (J-02-620) - (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 THE COMPENSATION FOR CITY COMMISSIONERS TO ESTABLISH THE SALARY INITIALLY EQUAL TO SIXTY PERCENT (60%) OF THE SALARY OF THE MAYOR ON JULY 9, 2002, WHICH IS $57,600, AND PROVIDING FOR ANNUAL INCREASES THEREAFTER BASED ON THE CONSUMER PRICE INDEX AND PROVIDING SUCH ANNUAL INCREASE MAY NOT EXCEED FIVE (5%) OF THE SALARY EXISTING ON THAT DATE; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. 1 WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2002; 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 45 JULY 9, 2002 R-02-831 MOVED: WINTON SECONDED:GONZALEZ ABSENT: SANCBEZ 35. BOARDS AND COMMITTEES RESOLUTION - (CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL) CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL AS A MEMBER OF THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: TONY CRAPP SR. COMMISSION AT -LARGE PAGE 46 JULY 9, 2002 R-02-832 MOVED: WINTON SECONDED: GONZALEZ ABSENT: SANC]HEZ 36. RESOLUTION - (APPOINTING AN INDIVIDUAL) I DEFERRED APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: COMMISSIONER SANCHEZ PAGE 47 JULY 9, 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. 37. DISCUSSION CONCERNING A FINANCIAL UPDATE AND NOT TAKEN UP BUDGET OUTLOOK. (This item was deferred from the December 13, 2001, January 10, February 14, March 14, April 11, May 9, and June 13, 2002 meetings) Part B The Following Item Shall Not Be Considered Before 3:00 pm ITEM PZ 1 RESOLUTION — {J-02-491 (a) & J-02-491 (b)} REQUEST: Closing, Vacating, Abandoning and Discontinuing an Alley LOCATION: Parallel to and North of NE 36th Street, East of NE Miami Place APPLICANT(S): Design District Association, LTD APPLICANT(S) AGENT: Bob De La Fuente, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended continuance. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: Recommended denial to City Commission, vote of 9-0. REQUEST: PURPOSE: This will allow a unified development site. NOTES: Continued from City Commission of June 27, 2002. PAGE 48 JULY 9, 2002 R-02-815 MOVED: TEELE SECONDED: WINTON ABSENT: SANCBEZ, GONZALEZ ITEM PZ 2 FIRST READING ORDINANCE - (J-02-670) REQUEST: 45 -Day Delay on Personal Wireless Service Facilities LOCATION: N/A. APPLICANT(S): Carlos A. Gimenez, Miami City Manager APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: N/A. REQUEST: PURPOSE: This will increase by 45 days a temporary delay in acceptance, processing, placement or construction of monopoles and towers associated with personal wireless service. PAGE 49 JULY 9, 2002 FIRST READING ORDINANCE MOVED: WINTON SECONDED: TEELE ABSENT: SANCBEZ, GONZALEZ The Following Item Shall Not Be Considered Before 5:00 PM ITEM PZ 3 RESOLUTION — {J-02-336 (a) & J-02-336 (b)} REQUEST: Certificate of Use Requiring City Commission Approval LOCATION: Approximately 1330 NE 1St Court APPLICANT(S): Partners for American Vocational Education (PAVE), Lessee Lee Holdings, LLC, Owner APPLICANT(S) AGENT: Dean Griffin, President/CEO of PAVE APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: conditions*. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: N/A. ZONING BOARD: N/A. *See supporting documentation. REQUEST: Recommended approval with PURPOSE: This will allow an employment office in the liberal commercial zoning. NOTES: Continued from City Commission of June 13, 2002. PAGE 50 JULY 9, 2002 R-02-816 MOVED: WINTON SECONDED: TEELE UNANIMOUS The Following Item Shall Not Be Considered Before 6:00 PM ITEM PZ 4 FIRST READING ORDINANCE — (J-02-552) REQUEST: To Amend Ordinance 10544, from "Duplex Residential' to "Restricted Commercial' to Change the Future Land Use Element of the Comprehensive Neighborhood Plan LOCATION: Approximately 42-140 NW 41 Avenue APPLICANT(S): BF Hospitality, LLC APPLICANT(S) AGENT: Adrienne Pardo, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: N/A. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: Recommended denial to City Commission, vote of 6-0. By a separate motion, regarding the application for land use change, the Board also recommended to the City Commission that if they were to so accept the voluntarily proffered covenant as part of the companion change to this item, that such a covenant should address the following issues: limitations on uses, height and setbacks, vote of 4-2. ZONING BOARD: See PZ 5. REQUEST: Consideration of amending Ordinance 10544, as amended, the Future Land Use Map of the Comprehensive Neighborhood Plan by changing the land use designation from "Duplex Residential' to "Restricted Commercial'. PURPOSE: This will allow a unified commercial development. NOTES: Continued from City Commission of June 27, 2002. This is a companion item to PZ 5. PAGE 51 JULY 9, 2002 FIRST READING ORDINANCE (MODIFIED) MOVED: REGALADO SECONDED: GONZALEZ UNANIMOUS ITEM PZ 5 FIRST READING ORDINANCE — {J-02-568 (a) & J-02- 568 (b)} REQUEST: To Amend Ordinance 11000, from R-2 Two -Family Residential and SD -12 Buffer Overlay District to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 42-140 NW 41 Avenue APPLICANT(S): BF Hospitality, LLC APPLICANT(S) AGENT: Adrienne Pardo, Esquire APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: No comments. PLAT & STREET COMMITTEE: N/A. PLANNING ADVISORY BOARD: See PZ 4. ZONING BOARD: Recommended denial to City Commission, vote of 5-4 REQUEST: Consideration of amending page no. 32 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 and SD -12 Buffer Overlay Special Zoning District to C-1 Restricted Commercial. PURPOSE: This will allow a unified commercial development. NOTES: Continued from City Commission of June 27, 2002. This is a companion item to PZ 4. PAGE 52 JULY 9, 2002 FIRST READING ORDINANCE (MODIFIED) MOVED: REGALADO SECONDED: SANCHEZ UNANIMOUS : PROTOCOL PROGRAM FOR COMMISSION MEETING Tuesday, July 9, 2002 INCORP ORATED # Agenda Items Name of Honoree Presenter Protocol Item Angela Robinson Bellamy Mayor Diaz Commendation Michael Charles Eddy Mayor Diaz Commendation R. Sue Weller Mayor Diaz Commendation Miami Storm Soccer Team - Juan Toscano Chairman Regalado Certificate of Appreciation Miami Storm Soccer Team - Norberto Paz Chairman Regalado Certificate of Appreciation Miami Storm Soccer Team - Eddy Paz Chairman Regalado Certificate of Appreciation Miami Storm Soccer Team - Jonathan Cruz Chairman Regalado Certificate of Appreciation Miami Storm Soccer Team - Agustin Ferrari Chairman Regalado Certificate of Appreciation Miami Storm Soccer Team - Derek Wilcox Chairman Regalado Certificate of Appreciation Miami Storm Soccer Team - Didier Moll Chairman Regalado Certificate of Appreciation Miami Storm Soccer Team - Pablo Yuguero Chairman Regalado Certificate of Appreciation Miami Storm Soccer Team - Juan Sossa Chairman Regalado Certificate of Appreciation Miami Storm Soccer Team - Agustin Ariza Chairman Regalado Certificate of Appreciation Miami Storm Soccer Team - Josue Garcia Chairman Regalado Certificate of Appreciation Miami Storm Soccer Team - Arisse Fernandez Chairman Regalado Certificate of Appreciation Miami Storm Soccer Team - Lian Pino Chairman Regalado Certificate of Appreciation Miami Storm Soccer Team - Raul Becerra Chairman Regalado Certificate of Appreciation Miami Storm Soccer Team - Carlos Mejia Chairman Regalado Certificate of Appreciation Miami Storm Soccer Team - Angel Lantigua Chairman Regalado Certificate of Appreciation Supplemental Agenda Items Name of Honoree Presenter Protocol Item Randi C. Lewis Mayor Diaz Commendation Joy Finston-Landy Mayor Diaz Distinguished Citizen Alejandra Arango Mayor Diaz Salute Tiffany Lavonda Myrick Mayor Diaz Salute