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HomeMy WebLinkAboutCC 1998-08-14 City Clerk's ReportCITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: August 14, 1998 REVISED Direction to the City Attorney: by Vice Chairman Plummer to amend existing legislation to exclude landlords from culpability for the acts of tenants, as it pertains to illegal dumping, in cases where tenants are guilty of illegal dumping. Direction to the City Manager: by Commissioner Teele to provide him with a report of which departments are over budget for FY '98, including a rationale as to why they were over -budgeted. Further directing the City Attorney to draft an ordinance for the first budget hearing in September 8, 1998 stating that authorization for departments to exceed their budget must be approved by the City Commission and would require a budget amendment. A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF SEPTEMBER, TO TAKE PLACE ON SEPTEMBER 28, 1998 AT 2:00 P.M., AND SETTING 5:05 P.M. AS THE TIME CERTAIN AT WHICH THE PUBLIC HEARING CONCERNING THE FISCAL YEAR 1998-1999 BUDGET SHALL COMMENCE. Direction to the City Clerk: by Vice Chairman Plummer to advertise accordingly the second public hearing on the proposed FY '98-'99 Budget, for the second City Commission meeting in September (September 28, 1998), beginning 5:05 p.m. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND THE DEPARTMENT OF OFF-STREET PARKING ("DOSP"), CONCERNING THE REFINANCING OF CERTAIN BONDS AND SETTING FORTH TERMS AND CONDITIONS RELATING TO THE STRUCTURE, OPERATION AND REVENUE DISTRIBUTION OF SAID DEPARTMENT. Direction to the City Manager: by Commissioner Teele to conduct a management organizational review of the Department of Off -Street Parking. Page No. 1 R-98-812 MOVED: REGALADO SECONDED: TEELE UNANIMOUS R-98-813 MOVED: GORT SECONDED: REGALADO UNANIMOUS CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: August 14, 1998 REVISED Note for the Record: Commissioner Gort was named Commission liaison to the Department of Off -Street Parking. AN EMERGENCY ORDINANCE OF THE CITY OF MIAMI, FLORIDA AUTHORIZING THE ISSUANCE OF PARKING SYSTEM REVENUE BONDS OF THE CITY OF MIAMI, FLORIDA, INCLUDING THE ISSUANCE OF AN INITIAL SERIES OF BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $14,500,000 FOR THE PURPOSE OF REFUNDING THE OUTSTANDING PARKING SYSTEM REVENUE BONDS, SERIES 1992a OF THE CITY AND PAYING THE COSTS OF THE ACQUISITION AND CONSTRUCTION OF PUBLIC PARKING FACILITIES WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI; AUTHORIZING THE USE OF DEPARTMENT FUNDS TO DEFEASE THE OUTSTANDING PARKING SYSTEM REVENUE REFUNDING BONDS, SERIES 1993a; PROVIDING FOR THE PAYMENT OF SUCH BONDS AND THE INTEREST THEREON FROM CERTAIN REVENUES DERIVED BY THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY FROM ITS PARKING SYSTEM AND OTHER AMOUNTS AS PROVIDED HEREIN; AUTHORIZING OTHER CLASSES OF INDEBTEDNESS TO BE SECURED AS HEREIN PROVIDED; SETTING FORTH THE RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 10115; AND PROVIDING AN EFFECTIVE DATE. Page No. 2 EMERGENCY ORD. 11693 MOVED: GORT SECONDED: REGALADO UNANIMOUS CITY OF MIAM1 CITY CLERK'S REPORT MEETING DATE: August 14, 1998 REVISED A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, SUPPLEMENTING AN ORDINANCE OF THE CITY ENACTED ON THE DATE HEREOF, AUTHORIZING THE ISSUANCE OF THE CITY'S PARKING SYSTEM REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $14,500,000 FOR THE PURPOSE OF REFUNDING ALL OF THE CITY' S OUTSTANDING PARKING SYSTEM REVENUE BONDS, SERIES 1992A AND PAYING THE COSTS OF ACQUISITION AND CONSTRUCTION OF CERTAIN PUBLIC PARKING FACILITIES WITHIN THE CORPORATE LIMITS OF THE CITY; DELEGATING TO THE CHAIRPERSON OF THE OFF- STREET PARKING BOARD THE AUTHORITY TO APPROVE THE TERMS AND AWARD THE SALE OF SAID BONDS ON A NEGOTIATED BASIS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A PLACEMENT AGREEMENT; APPROVING THE FORM OF A PRELIMINARY OFFICIAL STATEMENT AND DELEGATING TO THE CHAIRPERSON OF THE OFF-STREET PARKING BOARD THE AUTHORITY TO DEEM SUCH PRELIMINARY OFFICIAL STATEMENT FINAL; APPROVING THE FORM OF SAND AUTHORIZING THE EXECUTION OF AN ESCROW DEPOSIT AGREEMENT RELATED TO THE REFUNDING OF THE PARKING SYSTEM REVENUE BONDS, SERIES 1992A AND AN ESCROW DEPOSIT AGREEMENT RELATED TO THE DEFEASANCE OF THE PARKING SYSTEM REVENUE BONDS, SERIES 1993A; APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A CONTINUING DISCLOSURE CERTIFICATE; APPOINTING THE TRUSTEE, BOND REGISTRAR, PAYING AGENT AND ESCROW AGENT; DELEGATING TO THE CHAIRPERSON OF THE OFF- STREET PARKING BOARD THE AUTHORITY TO NEGOTIATE THE TERMS OF AND ACCEPT A COMMITMENT FOR THE ISSUANCE OF A BOND INSURANCE POLICY AND/OR A RESERVE PRODUCT FOR THE BONDS AND TO EXECUTE ANY DOCUMENTS IN CONNECTION THEREWITH; AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO EXECUTE ANY DOCUMENTS AND TAKE ANY ACTIONS REQUIRED IN CONNECTION WITH THE ISSUANCE OF SAID BONDS; PROVIDING AN EFFECTIVE DATE FOR THIS RESOLUTION; AND PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO. Page No. 3 R-98-814 MOVED: SECONDED: UNANIMOUS GORT REGALADO CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: August 14, 1998 REVISED A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, AUTHORIZING THE ISSUANCE OF BOND ANTICIPATION NOTES OF THE CITY IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $4,000,000 FOR THE PURPOSE OF REFUNDING ALL OF THE CITY'S OUTSTANDING PARKING SYSTEM REVENUE BONDS, SERIES 1992A; AUTHORIZING THE ISSUANCE OF PARKING REVENUE BONDS TO PROVIDE LONG-TERM FINANCING FOR THE REFUNDING OF SAID SERIES 1992A BONDS; PROVIDING FOR THE PAYMENT OF THE NOTES FROM THE PROCEEDS OF SUCH BONDS TO BE ISSUED AFTER THE DATE OF THE NOTES AND, IF SUCH BONDS ARE NOT TIMELY ISSUED, NON -AD VALOREM REVENUES LEGALLY AVAILABLE THEREFOR; PROVIDING FOR THE SALE OF THE NOTES TO SUNTRUST BANK ON A NEGOTIATED BASIS; APPROVING THE CONDITIONS OF SUCH SALE; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO; DESIGNATING AN INITIAL REGISTRAR AND PAYING AGENT; PROVIDING AN EFFECTIVE DATE; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH. Page No. 4 R-98-815 MOVED: GORT SECONDED: REGALADO UNANIMOUS CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: August 14, 1998 REVISED Page No. 5 Direction to the City Manager: by Commissioner Teele to include in the proposed budget the following management initiatives: 1. Defeasance of Parking revenue bonds in connection with the Off - Street Parking Department, the Knight Center and the municipal parking garage (adjacent to the Knight Center); further instructing the manager to have a financial advisor by September that can handle said initiatives; 2. Review of the property appraisal and the value adjustment board; further directing the administration to analyze what is on the tax rolls; 3. Representation by the City Attorney's Office and other corresponding agencies (i.e., CRA, DDA, etc.) at the Miami -Dade County property assessment hearings; 4. Enforcement of illegal dumping; further requesting that the Manager clarify the justification for using as a budget solution $750,000 in savings resulting from cuts in the unclassified service. Direction to the City Manager: by Commissioner Teele to, as part of the core management initiatives for Fiscal Year 1999, to draft a resolution for future additional revenue enhancements (i.e., parking surcharges), which would shift the burden from taxpayers and the business community, to non -city residents who are currently using City services without paying taxes. Direction to the City Manager: by Commissioner Teele to ensure that the City receives its fair share of revenues collected by Miami -Dade County Department of Water and Sewer. CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: August 14, 1998 REVISED Direction to the City Attorney: by Commissioner Regalado to provide the City Commission with the legal parameters involved with the collection of past revenue due to the City resulting from the sale agreement (which included a provision for a 15 percent discount on water and sewer bills to Miami residents) which transferred the legal jurisdiction of the Water and Sewer Authority from the City of Miami to Miami -Dade County. Direction to the City Manager: by Commissioner Teele to negotiate a collective bargaining agreement with (1) the Fraternal Order of Police and (2) the International Association of Firefighters with a view toward saving the City monies; further instructing the Manager to earmark said savings for purposes of reducing the millage of the City of Miami; and further instructing the Manager to bring said contracts back for Commission approval on September 28, 1998. Page No. 6 A RESOLUTION, WITH ATTACHMENT, ACDEPTING THE "CITY R-98-816 OF MIAMI BUDGET AND FIVE YEAR PLAN SUMMARY, MOVED: REGALADO REVISED - WITH OFF-STREET PARKING, MATRIX `B', OPTION SECONDED: GORT 1", DATED AUGUST 13, 1998, ATTACHED HERETO AND NAYS: TEELE INCORPORATED HEREIN. SANCHEZ AN EMERGENCY ORDINANCE AMENDING SECTION 22-12 OF EMERGENCY ORD. 11694 THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MOVED: GORT THEREBY INCREASING THE ANNUAL SOLID WASTE FEE AS SECONDED: REGALADO SET FORTH HEREIN; CONTAINING A REPEALER PROVISION NAYS: SANCHEZ AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: August 14, 1998 REVISED A RESOLUTION, WITH ATTACHMENT(S), AMENDING R-98-817 RESOLUTION NO. 98-773, ADOPTED JULY 21, 1998, RELATING MOVED: TO THE PROVISION OF FIRE RESCUE SERVICE, FACILITIES SECONDED AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; MORE NAYS: PARTICULARLY BY RESCINDING A PORTION OF SECTION 11 (B) AND AUTHORIZING THE CITY MANAGER TO MAIL THE COMBINED NOTICE OF THE PUBLIC HEARING AS PROVIDED IN SECTION 19.5-10 OF THE CITY CODE; FURTHER RESCINDING APPENDIX A OF THE ABOVE RESOLUTION ENTITLED "ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE" (RATE SCHEDULE) IN ITS ENTIRETY, AND INCORPORATING A NEW RATE SCHEDULE AS APPENDIX A. Page No. 7 GORT REGALADO TEELE, SANCHEZ A RESOLUTION SCHEDULING A SPECIAL CITY COMMISSION R-98-818 MEETING FOR SEPTEMBER 14, 1998, AT 5:00 P.M., FOR THE MOVED: TEELE PURPOSE OF CONDUCTING A PUBLIC HEARING TO IMPOSE SECONDED: GORT AND PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL UNANIMOUS ASSESSMENTS FOR FISCAL YEAR 1998-1999. Direction to the City Manager: by Commissioner Gort to prepare backup documentation prior to the special meeting of September 14, 1998, in order to discuss the fire assessment fee; further instructing the Manager to commit to finding additional savings by the final budget hearing scheduled for September 28, 1998. CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: August 14, 1998 REVISED A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE LABOR RELATIONS OFFICER TO NEGOTIATE WITH THOSE AFFECTED UNIONS (NAMELY THE FRATERNAL ORDER OF POLICE AS WELL AS THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS) WHOSE COLLECTIVE BARGAINING AGREEMENTS EXPIRE ON SEPTEMBER 30, 1998, PRIORITIZING THE POLICE BENEVOLENT ASSOCIATION, AND TO SEEK TO BRING A PROPOSED AGREEMENT FOR RATIFICATION BEFORE THE COMMISSION ON SEPTEMBER 14, 1998, OR AS SOON AS FEASIBLE; FURTHER STIPULATING THAT SAID PROPOSED AGREEMENT CONTAIN A PROVISO THAT ANY SAVINGS WOULD BE EARMARKED IN FURTHERANCE OF A REDUCTION IN THE FINAL ADOPTED MILLAGE RATE OF THE CITY. Page No. 8 M-98-819 MOVED: PLUMMER SECONDED: TEELE UNANIMOUS CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: August 14, 1998 REVISED A RESOLUTION, WITH ATTACHMENTS, RESCINDING RESOLUTION NO. 98-754, IN ITS ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF THE HEREIN RESOLUTION AUTHORIZING THE CONVEYANCE OF APPROXIMATELY 15,087 SQUARE FEET OF CITY -OWNED REAL PROPERTY, HEREINAFTER REFERRED TO AS PARCEL 120, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND MADE A PART HEREOF TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR USE AS RIGHT-OF-WAY IN CONNECTION WITH THE SOUTHWEST 2ND AVENUE BRIDGE RECONSTRUCTION AT A SALE PRICE OF $682,000, SUBJECT TO SAID SALE CLOSING BY SEPTEMBER 30, 1998; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO EFFECT SUCH SALE IN AN EXPEDITIOUS MANNER; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO ACQUIRE A TEMPORARY CONSTRUCTION EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; PERMITTING FDOT TO UTILIZE APPROXIMATELY 8,754 SQUARE FEET OF CITY -OWNED LAND HEREINAFTER REFERRED TO AS PARCEL 702, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT `B" ATTACHED HERETO AND MADE A PART HEREOF, FOR USE AS A CONSTRUCTION STAGING AREA FOR A PERIOD OF THREE YEARS WITH CONSIDERATION TO BE PAID IN THE AMOUNT OF $96,000; AUTHORIZING THE CITY MANAGER TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAYBE NECESSARY IN ORDER TO EFFECT SUCH TRANSACTION. Page No. 9 R-98-820 MOVED: TEELE SECONDED: GORT UNANIMOUS CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: August 14, 1998 REVISED Page No. 10 Direction to the City Manager:_ by Vice Chairman Plummer to provide him with an action plan from Solid Waste detailing what service improvements the residents can expect with the increase in the solid waste fee. A RESOLUTION DESIGNATING COMMISSIONER J.L. PLUMMER, R-98-821 JR. AS THE VOTING DELEGATE FOR THE CITY OF MIAMI AT MOVED: GORT THE 72" ANNUAL CONFERENCE OF THE FLORIDA LEAGUE OF SECONDED: SANCHEZ CITIES, INC., TO BE HELD AUGUST 14-17, 1998, AT MIAMI UNANIMOUS BEACH, FLORIDA. APPROV WALTER J. CLERK NOTE: AS DULY NOTED ON THE HEREIN AGENDA AND CITY CLERK'S REPORT, WHICH CONSTITUTE A JOURNAL OF CITY COMMISSION PROCEEDINGS, THE "UNANIMOUS" NOTATION NEXT TO THE VOTE ON EACH AGENDA ITEM MEANS THAT ALL FIVE CITY COMMISSIONERS WERE PRESENT AND VOTED "AYE" ON SAID ROLL CALL VOTE. NEGATIVE VOTES, PHYSICAL ABSENCE OF A COMMISSIONER OR ABSTENTION FROM VOTING BY A COMMISSIONER, IF ANY, IS ALSO DULY REFLECTED IN SAID VOTE.