Loading...
HomeMy WebLinkAboutCC 1998-09-08 Marked AgendaMAYOR & PRESIDING OFFICER VICE CHAIRMAN COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER JOE CAROLL J.L. PLUMMER )R. WIFREDO (WILLY) GORT TOMAS REGALADO JOE SANCHEZ ARTHUR E. TEELE JR. C AANAGER DONALD H. WARSHAW CITY ATTORNEY ALEJANDRO VILARELLO CITY CLERK WALTER J. FOEMAN CITY COMMISSION AGENDA MEETING DATE: SEPTEMBER 8, 1998 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 DOTE OF IiHE COUNISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL 011TRURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER f-;FPtARKS SHAL.L. RE PERM11 TED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE COMMISSIOf! CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. REGULAR CITY COMMISSION MEETING * THIS MEETING SHALL CONVENE A T 9:30 AM * THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY CLERK IN CITY HALL. ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER. * * * * Formal action may be taken on any item discussed or added to this Agenda. Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will require a verbatim record of the proceeding upon which the appeal is based. Any person with a disability requiring auxiliary aids and services for meetings may call the City Clerk's Office, 250-5360, with requests at least two business days before the meeting date. The City Commission has established a policy that the lunch recess will begin at the conclusion of deliberations of the agenda item being considered at Noon; further, that Commission meetings will adjourn at the conclusion of deliberations on the agenda item being considered at 9:00 PM. (Resolution No. 87-115) PAGE 2 SEPTEMBER 8, 1998 CONSENT AGENDA Item 1 which is comprised of Items CA-1 through CA-27 has been scheduled to be heard as a group or as announced by the Commission. Item 1A may be heard in the numbered sequence or as announced by the Commission. PUBLIC HEARINGS Items 2 through 4 may be heard in the numbered sequence or as announced by the Commission. PERSONAL APPEARANCES Items 5 through 7 may be heard in the numbered sequence or as announced by the Commission. GENERAL LEGISLATIVE ITEMS Items 8 through 40 may be heard in the numbered sequence or as announced by the Commission. COMMISSION DISCUSSION ITEMS Items 41 through 42 may be heard in the numbered sequence or as announced by the Commission. BOARD AND COMMITTEES Items 43 through 48 may be heard in the numbered sequence or as announced by the Commission. FIRST PUBLIC HEARING TO DISCUSS FY'99 TENTATIVE BUDGETS Item 49 has been advertised to be heard at 5:05 P.M. sequence or as announced by the Commission. Items 50 through 54 may be heard -in the numbered sequence or as announced by the Commission. FOR ADOPTED LEGISLATION NOT APPEARING AS PART OF THIS PRINTED AGENDA, KINDLY REFER TO THE CI'tY CLERK'S REPORT, ATTACHED HERETO. I PAGE 3 SEPTEMBER 8, 1998 9:30 AM INVOCATION AND PLEDGE OF ALLEGIANCE A. PRESENTATIONS & PROCLAMATIONS B. APPROVING THE MINUTES OF THE FOLLOWING COMMISSION MEETINGS: • PLANNING AND ZONING MEETING OF JANUARY 27, 1998 • SPECIAL MEETING OF MARCH 5, 1998 10:00 AM 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-27 constitute the Consent Agenda. 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: 11 .. that the Consent Agenda comprised of items CA-1 through CA-27 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-98-791) - (AUTHORIZING PURCHASE) AUTHORIZING THE PURCHASE OF TEN (10) POLICE SERVICE DOGS FROM METRO DADE K-9 GUARD DOGS, UTILIZING EXISTING MIAMI DADE COUNTY CONTRACT NO. IB4293-2/02-OTR, IN AN AMOUNT NOT TO EXCEED $66,000; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, FY '98-99 ($32,500) AND FY '99- 2000 ($32,500), ACCOUNT CODE NO. 001000.290201.6.875; AUTHORIZING THE CITY MANAGER TOINSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID ACQUISITION, SUBJECT TO THE AVAILABILITY OF FUNDS. DELIVERED SEE SUPPLEMENTAL APPROVED R-98-827 MOVED: SECONDED: UNANIMOUS REGALADO TEELE CA-2. CA-3. CONSENT AGENDA CONT'D RESOLUTION - (J-98-792) - (AUTHORIZING AN INCREASE) AUTHORIZING AN INCREASE IN THE FUNDING FOR THE ALTERNATIVE PROGRAMS, INC., AND ALLOCATING FUNDS THEREFOR, IN THE AMOUNT OF $75,000, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002, AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTES 932.7055, AS AMENDED, AND THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." RESOLUTION - (J-98-852) - (ACCEPTING BID) ACCEPTING THE BID OF R. L. SAUM CONSTRUCTION CO., (NON-MINORITY/MIAMI-DADE COUNTY VENDOR: ROBERT L. SAUM, PRESIDENT) IN THE AMOUNT OF $282,495, FOR THE PROJECT ENTITLED "PEACOCK PARK LIGHTING AND BOARDWALK, B-3263"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 331359, AS APPROPRIATED BY THE FISCAL YEAR 1997-1998 CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, AND FROM COCONUT GROVE SPECIAL DISTRICT FUND PROJECT NO. 119001, IN THE AMOUNT OF $282,495 TO COVER THE CONTRACT COST AND $50,037 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $332,532, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. PAGE 4 SEPTEMBER 8, 1998 R-98-828 MOVED: REGALADO SECONDED: TEELE UNANIMOUS R-98-829 MOVED: REGALADO SECONDED: TEELE UNANIMOUS CA-4. CA-5. CONSENT AGENDA CONT'D RESOLUTION - (J-98-877) - (ACCEPTING BID) ACCEPTING THE BID OF HORSEPOWER ELECTRIC, INC., (HISPANIC/MIAMI-DADE COUNTY VENDOR: HECTOR P. ORTIZ, PRESIDENT) IN THE AMOUNT OF $68,049, FOR THE PROJECT ENTITLED "CORAL GATE PARK SPORTSLIGHTING PROJECT - SOFTBALL FIELD, B-6290"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 332133, AS APPROPRIATED BY THE FISCAL YEAR 1997-1998 CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, IN THE AMOUNT OF $68,049 TO COVER THE CONTRACT COST AND $11,200 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $79,249; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. RESOLUTION - (J-98-879) - (ACCEPTING BID) ACCEPTING THE BID OF BENNETT ELECTRIC SERVICE COMPANY, INC. (NON-MINORITY/LOCAL VENDOR: JOHN P. HIGGINS, PRESIDENT) IN THE AMOUNT OF $91,185, FOR THE PROJECT ENTITLED "HADLEY PARK SPORT LIGHTING PROJECT - FOOTBALL, B-628919; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 331391, AS APPROPRIATED BY THE FISCAL YEAR 1997-1998 CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, IN THE AMOUNT OF $91,185 TO COVER THE CONTRACT COST AND $17,500 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $108,685; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. PAGE 5 SEPTEMBER 8, 1998 R-98-830 MOVED: SECONDED: UNANIMOUS R-98-831 MOVED: SECONDED: UNANIMOUS REGALADO TEELE REGALADO TEELE CA-6. CONSENT AGENDA CONT'D RESOLUTION - (J-98-878) - (ACCEPTING BID) ACCEPTING THE BID OF INLAND ENGINEERING CONTRACTORS, INC., (NON-MINORITY/MIAMI-DADE COUNTY VENDOR: JOHN M. BANDOS, PRESIDENT) IN THE AMOUNT OF $369,397, FOR THE PROJECT ENTITLED "CITYWIDE LOCAL DRAINAGE PROJECT E- 74, B-5632"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 352231, AS APPROPRIATED BY THE FISCAL YEAR 1997-1998 CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, IN THE AMOUNT OF $369,397 TO COVER THE CONTRACT COST AND $74,858 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $444,255; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. CA-7. WITHDRAWN PAGE 6 SEPTEMBER 8, 1998 R-98-832 MOVED: SECONDED: UNANIMOUS REGALADO TEELE PAGE 7 SEPTEMBER 8, 1998 CONSENT AGENDA CONT'D CA-8. RESOLUTION - (J-98-862) - (AUTHORIZING THE CITY MANAGER TO RENEW THE CITY OF MIAMI'S 1998 MEMBERSHIP) AUTHORIZING THE CITY MANAGER TO RENEW THE CITY OF MIAMI'S 1998 MEMBERSHIP, IN THE AMOUNT OF $9,487, IN THE UNITED STATES CONFERENCE OF MAYORS; WITH FUNDS THEREFOR HEREBY ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT NO. 920210-760. CA-9. RESOLUTION - REIMBURSEMENT FUND) (J-98-870) - (AUTHORIZING TO THE CITY OF MIAMI GENERAL AUTHORIZING REIMBURSEMENT TO THE CITY OF MIAMI GENERAL FUND, IN AN AMOUNT NOT TO EXCEED $600,024, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002, AND 690003, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH THE DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING" AND FLORIDA STATUTE, §932.7055, AS AMENDED. R-98-833 MOVED: SECONDED: UNANIMOUS R-98-834 MOVED: SECONDED: UNANIMOUS REGALADO TEELE REGALADO TEELE CONSENT AGENDA CONT'D CA-10. RESOLUTION - (J-98-869) - (AUTHORIZING CONTINUED FINANCING OF PROTRACTED, COMPLEX INVESTIGATIONS) AUTHORIZING THE CONTINUED FINANCING OF PROTRACTED, COMPLEX INVESTIGATIONS BY THE POLICE DEPARTMENT, IN AN AMOUNT NOT TO EXCEED $350,000, AND ALLOCATING FUNDS THEREFOR, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002 AND 690003, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATUTE, §932.7055, AS AMENDED AND THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." CA-11. RESOLUTION - (J-98-875) - (DECLARING SURPLUS 3410 FROW AVENUE) DECLARING AS SURPLUS APPROXIMATELY 5,000 SQUARE FEET OF CITY -OWNED REAL PROPERTY WITH IMPROVEMENTS LOCATED AT APPROXIMATELY 3410 FROW AVENUE, MIAMI, FLORIDA, (THE "PROPERTY"); AUTHORIZING AND DIRECTING THE CITY MANAGER TO SELL THE PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO: (1) ESTABLISH THE MINIMUM SALE PRICE FOR THE PROPERTY TAKING INTO CONSIDERATION THE APPRAISED VALUE OF THE PROPERTY, ESTABLISHED AS A RESULT OF TWO INDEPENDENT APPRAISALS AND THE ASSESSED VALUE OF THE PROPERTY AS DETERMINED BY THE MIAMI-DADE COUNTY PROPERTY APPRAISER, (2) EMPLOY SUCH PROCEDURES AS MAY BE REQUIRED BY THE CITY CHARTER:AND/OR CITY CODE FOR THE PURPOSE OF SOLICITING OFFERS FOR THE SALE OF THE PROPERTY, (3) ACCEPT RESPONSIVE AND RESPONSIBLE BIDS; AND (4) NEGOTIATE A PURCHASE AND SALE AGREEMENT FOR PRESENTATION TO THE CITY COMMISSION FOR FINAL APPROVAL. PAGE 8 SEPTEMBER 8, 1998 R-98-835 MOVED: SECONDED: UiNANIMOUS R-98-836 MOVED: SECONDED: UNANIMOUS REGALADO TEELE REGALADO TEELE PAGE 9 SEPTEMBER 8, 1998 CONSENT AGENDA CONT'D CA-12. RESOLUTION - (J-98-876) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT") , ON A MONTH -TO -MONTH BASIS AND IN SUBSTANTIALLY THE ATTACHED FORM WITH GRAND BAY HOTEL PARTNERS, LTD., FOR THE USE OF APPROXIMATELY 89,240 SQUARE FEET OF SPACE WITHIN THE MIAMI MARINE STADIUM PARKING LOT, LOCATED AT APPROXIMATELY 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AT A MONTHLY FEE OF FOUR THOUSAND FORTY FOUR AND 43/100 DOLLARS ($4,044.43), FOR THE PURPOSE OF PROVIDING TEMPORARY PARKING ACCOMMODATIONS, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. CA-13. RESOLUTION - (J-98-901) - (ACCEPTING PLAT) ACCEPTING THE PLAT ENTITLED PHT/JMH MENTAL HEALTH NO. ONE, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. i R-98-837 MOVED: SECONDED: UNANIMOUS R-98-838 MOVED: SECONDED: UNANIMOUS REGALADO TEELE REGALADO TEELE PAGE 10 SEPTEMBER 8, 1998 CA-14. CONSENT AGENDA CONT'D RESOLUTION - (J-98-843) - (AUTHORIZING SETTLEMENT) AUTHORIZING THE DIRECTOR OF FINANCE TO PAY SHIRLEY WARNER AND RIVIANN JERRY, HER DAUGHTER, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $36,950 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 97-806-CIV- GRAHAM, UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES, EXCEPT FOR DEFENDANT DEWAYNE PINKNEY, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.424401.6.661. CA-15. WITHDRAWN R-98-839 MOVED: SECONDED: UNANIMOUS REGALADO TEELE CA-16. CA-17. CA-18. CA-19. CONSENT AGENDA CONT'D WITHDRAWN WITHDRAWN WITHDRAWN RESOLUTION - (J-98-) - (ACCEPTING THE CITY CLERK'S CERTIFICATION AND DECLARATION) ACCEPTING THE CITY CLERK'S CERTIFICATION AND DECLARATION OF THE ELECTION HELD ON AUGUST 13, 1998 IN WHICH CERTAIN INDIVIDUALS WERE ELECTED AS MEMBERS OF THE OVERTOWN ADVISORY BOARD. PAGE 11 SEPTEMBER 8, 1998 R-98-840 (AS MODIFIED) MOVED: REGALADO SECONDED: TEELE UNANIMOUS CA-20. CA-21. CONSENT AGENDA CONT'D RESOLUTION - (J-98-921) - (ACCEPTING BID) ACCEPTING THE BID OF METRO USA (HISPANIC/MIAMI-DADE COUNTY VENDOR) FOR THE INSTALLATION OF LIGHT BARS AND SIRENS FOR POLICE AND FIRE -RESCUE EMERGENCY RESPONSE VEHICLES, ON AN AS -NEEDED, WHEN -NEEDED CONTRACT BASIS FOR ONE YEAR , WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE- YEAR PERIODS, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION; AT AN ANNUAL COST NOT TO EXCEED $39,500; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, "'REPLACEMENT OF CITY- WIDE FLEET", PROJECT NO. 311850. RESOLUTION - (J-98-913) - (APPROVING THE REFURBISHMENT OF FOUR SPORT COURTS) APPROVING THE REFURBISHMENT OF FOUR (4) SPORT COURTS AT VARIOUS CITY PARKS BY AAA COURTS, INC., AND AGILE COURTS CONSTRUCTION CO. INC., AWARDED UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 1153-0/98, ON A CONTRACT BASIS UNTIL SEPTEMBER 30, 1998, FOR THE DEPARTMENT OF PARKS AND RECREATION, AT A TOTAL AMOUNT NOT TO EXCEED $72,135; ALLOCATING FUNDS THEREFOR FROM SAFE NEIGHBORHOOD PARKS BOND PROGRAM FUNDS AS APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, ADOPTED MARCH 24, 1998, FOR CAPITAL PROJECTS. PAGE 12 SEPTEMBER 8, 1998 R-98-841 MOVED: SECONDED: UNANIMOUS R-98-842 MOVED: SECONDED: UNANIMOUS REGALADO TEELE REGALADO TEELE CA-22. CONSENT AGENDA CONT'D RESOLUTION - (J-98-912) - (APPROVING THE PROCUREMENT OF DEMOLITION SERVICES) APPROVING THE PROCUREMENT OF DEMOLITION SERVICES FROM N.A. LAND CLEARING, INC., (NON- MINORITY/DADE COUNTY VENDOR) DEMOLITION MASTERS, INC., (NON-MINORITY/DADE COUNTY VENDOR) AND LANGO EQUIPMENT SERVICES (HISPANIC/DADE COUNTY VENDOR), AT BLANCHE PARK AND STEARNS PARK, UTILIZING EXISTING CITY OF MIAMI CONTRACT NO. 96-97-075R, FOR THE DEPARTMENT OF PARKS AND RECREATION, AT A TOTAL AMOUNT NOT TO EXCEED $10,000; ALLOCATING FUNDS THEREFOR FROM SAFE NEIGHBORHOOD PARKS BOND PROGRAM FUNDS AS APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, ADOPTED MARCH 24, 1998. CA-23. RESOLUTION - (J-98-915) - (APPROVING THE FURNISHING AND INSTALLATION OF PARK EQUIPMENT AT VARIOUS CITY PARKS) APPROVING THE FURNISHING AND INSTALLATION OF PARK EQUIPMENT AT VARIOUS CITY PARKS FROM VARIOUS VENDORS LISTED IN EXHIBIT A, ATTACHED HERETO AND MADE A PART HEREOF, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 4907-3/98, ON A CONTRACT BASIS UNTIL NOVEMBER 30, 1998, FOR THE DEPARTMENT OF PARKS AND RECREATION, AT A TOTAL AMOUNT NOT TO EXCEED $62,832; ALLOCATING FUNDS THEREFOR FROM SAFE NEIGHBORHOOD PARKS BOND PROGRAM FUNDS AS APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, ADOPTED MARCH 24, 1998 FOR CAPITAL PROJECTS. PAGE 13 SEPTEMBER 8, 1998 R-98-843 MOVED: SECONDED: UNANIMOUS R-98-844 MOVED: SECONDED: UNANIMOUS REGALADO TEELE REGALADO TEELE CA-24. CONSENT AGENDA CONT'D RESOLUTION - (J-98-914) - (APPROVING THE FURNISHING AND INSTALLATION OF SOD AT ALLAPATTAH COMSTOCK PARK AND DOUGLAS PARK) APPROVING THE FURNISHING AND INSTALLATION OF SOD AT ALLAPATTAH COMSTOCK PARK AND DOUGLAS PARK FROM THOMAS MAINTENANCE SERVICES, INC., (BLACK/DADE COUNTY VENDOR), AWARDED UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 0996-2/98, ON A CONTRACT BASIS UNTIL NOVEMBER 30, 1998, FOR THE DEPARTMENT OF PARKS AND RECREATION, AT A TOTAL AMOUNT NOT TO EXCEED $78,277.50; ALLOCATING FUNDS THEREFOR FROM SAFE NEIGHBORHOOD PARKS BOND PROGRAM FUNDS AS APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, ADOPTED MARCH 24, 1998 FOR CAPITAL PROJECTS. CA-25. RESOLUTION - (J-98-911) - (ACCEPTING BIDS) ACCEPTING THE BIDS OF SOVEREIGN CONSTRUCTION, INC., (FEMALE/DADE COUNTY VENDOR) FOR THE FURNISHING AND INSTALLATION OF STEEL PICKET FENCING AT SEWELL, ALICE WAINWRIGHT, AND ATHALIE RANGE CITY PARKS, IN THE AMOUNT OF $62,456.49, AND RONALD M. GIBBONS (BLACK/DADE COUNTY VENDOR), FOR THE FURNISHING AND INSTALLATION OF STEEL PICKET FENCING AT CORAL GATE CITY PARK, IN THE AMOUNT OF $15,404, FOR A TOTAL COST OF $77,860.49, FOR THE DEPARTMENT OF PARKS AND RECREATION; ALLOCATING FUNDS THEREFOR FROM THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM FUNDS AS APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, ADOPTED MARCH 24, 1998. PAGE 14 SEPTEMBER 8, 1998 R-98-845 MOVED: REGALADO SECONDED: TEELE UNANIMOUS R-98-846 MOVED: REGALADO SECONDED: TEELE UNANIMOUS CA-26. CONSENT AGENDA CONT'D RESOLUTION - (J-98-929) - (ACCEPTING BID) ACCEPTING THE BID OF BENNETT ELECTRIC SERVICE CO. INC., (NON-MINORITY/MIAMI DADE COUNTY VENDOR: JOHN P. HIGGINS, PRESIDENT) IN THE PROPOSED AMOUNT OF $93,500, FOR THE PROJECT ENTITLED "FERN ISLE PARK SPORT LIGHTING IMPROVEMENTS B-6284"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 333103, AS APPROPRIATED BY THE FISCAL YEAR 1997-1998 CAPITAL IMPROVEMENT ORDINANCE NO. 11623 AS AMENDED, IN THE AMOUNT OF $93,500 TO COVER THE CONTRACT COST AND $15,260 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $108,750; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. CA-27. WITHDRAWN END OF CONSENT AGENDA PAGE 15 SEPTEMBER 8, 1998 R-98-847 MOVED: SECONDED: UNANIMOUS REGALADO TEELE PAGE 16 SEPTEMBER 8, 1998 1A. DISCUSSION REGARDING THE APPOINTMENT AND R-98-848 CONFIRMATION OF THE CITY MANAGER, INCLUDING MOVED: TEELE SALARY AND BENEFITS TO BE PAID TO THE CITY SECONDED: REGALADO MANAGER. UNANIMOUS PUBLIC HEARINGS 2. RESOLUTION - (J-98-850) - (PERMITTING THE UNDAMAGED PORTION OF AN EXISTING WALL ENCROACHMENT) 3. PERMITTING THE UNDAMAGED PORTION OF AN EXISTING WALL ENCROACHMENT AND THE RECONSTRUCTION OF A PORTION OF AN EXISTING WALL ENCROACHMENT ADJACENT TO 3528 ROYAL PALM AVENUE IN THE CITY OF MIAMI, FLORIDA, TO REMAIN WITHIN THE DEDICATED RIGHT-OF-WAY OF POINCIANA AVENUE, SUBJECT TO THE RECORDING OF A COVENANT TO RUN WITH THE LAND, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THAT COMPLIES WITH THE REQUIREMENTS OF THE CODE OF THE CITY OF MIAMI AND IS EXECUTED BY THE OWNER, AND SUBJECT TO CONDITIONS AS SET FORTH HEREIN. RESOLUTION - (J-98-858) - (AUTHORIZING FUNDS) AUTHORIZING THE CITY MANAGER TO ALLOCATE SIXTY THOUSAND DOLLARS ($60,000) FROM CITY- WIDE STREETS AND SIDEWALKS PROJECTS, PROJECT CODE 799226, FUNDED BY 24T" PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, FOR THE PURPOSE OF MAKING SOFTBALL FIELD IMPROVEMENTS, INCLUDING THE INSTALLATION OF SOD AND A PERIMETER SECURITY FENCE ON A PORTION OF THE LOT LOCATED AT 1501 N.W. 3RD STREET. PAGE 17 SEPTEMBER 8, 1998 DEFERRED BY M-98-823 MOVED: SECONDED: UNANIMOUS R-98-849 MOVED: SECONDED: ABSENT: TEELE SANCHEZ REGALADO SANCHEZ GORT 4. PUBLIC HEARINGS CONT'D RESOLUTION - (J-98-857) - (AUTHORIZING FUNDS) AUTHORIZING THE CITY MANAGER TO REALLOCATE $300,000 OF AVAILABLE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM CONTINGENCY FUNDS (700022-700023) FOR CITY- WIDE LOT CLEARANCE, PROJECT NO. 799229, TO CONTINUE LOT CLEARANCE EFFORTS IN LOW AND MODERATE INCOME TARGET AREAS INITIATED BY THE CITY'S NEIGHBORHOOD ENHANCEMENT TEAM (NET) DURING THE 1998-1999 PROGRAM YEAR. PAGE 18 SEPTEMBER 8, 1998 R-98-850 MOVED: SECONDED: UNANIMOUS TEELE REGALADO NOTE: PERSONAL APPEARANCES Legislation may result from City Commission Consideration of any Personal Appearance. 5. MS. NANCY McCUNE TO ADDRESS THE COMMISSION CONCERNING THE DETERIORATION OF THE NEIGHBORHOOD WHERE HER BUSINESS IS LOCATED. ADMINISTRATION RECOMMENDATION: TO BE DISCUSSED 6. AS PER COMMISSIONER REGALADO'S REQUEST, CAPTAIN FERRER WILL ADDRESS THE COMMISSION CONCERNING THE PROGRESS OF THE COMMITTEE ASSIGNED TO WORK ON THE ISSUE OF NOISE ABATEMENT AT MIAMI INTERNATIONAL AIRPORT. ADMINISTRATION RECOMMENDATION: TO BE DISCUSSED 7. REPRESENTATIVE(S) FROM THE COCONUT GROVE CHAMBER OF COMMERCE TO ADDRESS THE COMMISSION TO REQUEST PERMISSION TO PRODUCE A SPORTS -ORIENTED COMMUNITY EVENT COINCIDING WITH SUPER BOWL WEEKEND FOR THE WEEK AFTER THE 16TH ANNUAL TASTE OF THE GROVE (JANUARY 23 AND 24, 1999). ADMINISTRATION RECOMMENDATION: APPROVAL WITH CONDITIONS PAGE 19 SEPTEMBER 8, 1998 NO APPEARANCE M-98-851 MOVED: SECONDED: UNANIMOUS DEFERRED TO NEXT AGENDA REGALADO GORT 8. 9 ORDINANCES - EMERGENCY EMERGENCY ORDINANCE - (J-98-871) (4/5THS VOTE) (NOTE: This 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) AMENDING ORDINANCE NO. 10021, ADOPTED JULY 18, 1985, AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND, RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981, THEREBY PROVIDING FOR AN INCREASE IN THE AMOUNT OF $3,000,000, AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND FROM SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. EMERGENCY ORDINANCE - (J-98-794) (4/5THS 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) AMENDING CHAPTER 4, ARTICLE 1, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES, IN GENERAL," BY ADDING NEW SECTION 4-14 ENTITLED "COCONUT GROVE CENTRAL COMMERCIAL DISTRICT (SD-2) DISTANCE REQUIREMENTS," TO LIMIT THE NUMBER OF 4 C.O.P. QUOTA ALCOHOLIC BEVERAGE LICENSE LICENSEES WITHIN SAID DISTRICT TO FIVE WITHOUT REGARD TO DISTANCE REQUIREMENTS, PROVIDED HOWEVER THAT SUCH ESTABLISHMENTS SHALL COMPLY WITH THE REQUIRED DISTANCE REQUIREMENT FROM CHURCHES AND SHALL HAVE A DISTANCE REQUIREMENT OF 800 FEET FROM SCHOOLS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 20 SEPTEMBER 8, 1998 EMERGENCY ORDINANCE 11695 MOVED: TEELE SECONDED: REGALADO UNANIMOUS DEFERRED TO SEPTEMBER 14, 1998 BY M-98-852 MOVED: PLUMMER SECONDED: SANCHEZ UNANIMOUS 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 determined by the City Commission. 10. SECOND READING ORDINANCE - (J-98-679) AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND TRASH", BY PROVIDING FOR NEW DEFINITIONS; PROVIDING FOR NEW REGULATIONS CONCERNING THE DISPOSAL OF TRASH; CREATING NEW ENFORCEMENT AND ADMINISTRATIVE FEES; MORE PARTICULARLY BY AMENDING SECTIONS 22-1 THROUGH 22-6, 22-8, 22-9, AND 22-12, 22-14, 22-18, 22- 46, 22-51, AND 22-93 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. DATE OF FIRST READING : JULY 14, 1998 MOVED : COMMISSIONER GORT SECONDED : COMMISSIONER REGALADO VOTE : UNANIMOUS 11. SECOND READING ORDINANCE - (J-98-641) AMENDING CHAPTER 2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION", BY ADDING LANGUAGE TO CLARIFY SECTION 4(g)(6) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS IT RELATES TO THE TIME WHEN THE REMOVAL OF THE CITY MANAGER BY THE MAYOR WILL TAKE EFFECT; MORE PARTICULARLY BY ADDING NEW SECTION 2-37 TO SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (This item was deferred from the meeting of July 21, 1998). DATE OF FIRST READING : JUNE 23, 1998 MOVED : COMMISSIONER REGALADO SECONDED : COMMISSIONER TEELE ABSENT : VICE CHAIRMAN PLUMMER NOES : COMMISSIONER SANCHEZ PAGE 21 SEPTEMBER 8, 1998 DEFERRED BY M-98-823 MOVED: SECONDED: UNANIMOUS DEFERRED BY M-98-823 MOVED: SECONDED: UNANIMOUS TEELE SANCHEZ TEELE SANCHEZ 12. 13. ORDINANCES - SECOND READING CONT'D SECOND READING ORDINANCE - (J-98-832) AMENDING SECTION 53-181 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE FEES CHARGED FOR USE, OCCUPANCY, AND SERVICES AT THE CITY OF MIAMUUNIVERSITY OF MIAMI, JAMES L. KNIGHT CONVENTION CENTER; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. DATE OF FIRST READING : JULY 21, 1998 MOVED : COMMISSIONER GORT SECONDED : COMMISSIONER REGALADO VOTE : UNANIMOUS SECOND READING ORDINANCE - (J-98-674) AMENDING CHAPTER 42/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "POLICE/VEHICLE IMPOUNDMENT", BY PROVIDING DEFINITIONS, REPEALING THOSE PROVISIONS RELATING TO THE SEIZURE AND IMPOUNDMENT OF VEHICLES FOR DRIVING UNDER THE INFLUENCE, AND BY ADDING A NEW PROVISIONS CONCERNING THE DISPOSITION OF UNCLAIMED VEHICLES AND ILLEGAL DUMPING OF WASTE; MORE PARTICULARLY BY ADDING NEW SECTION 42-120 AND AMENDING SECTIONS 42-121, 42-122 AND 42-124; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE. DATE OF FIRST READING : JULY 141998 MOVED : COMMISSIONER REGALADO SECONDED : COMMISSIONER SANCHEZ ABSENT : COMMISSIONER SANCHEZ PAGE 22 SEPTEMBER 8, 1998 DEFERRED BY M-98-823 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS DEFERRED BY M-98-823 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS 14. 15 ORDINANCES- SECOND READING CONT'D SECOND READING ORDINANCE - (J-98-735) AMENDING CHAPTER 22, ARTICLE I, SECTION 22-12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "WASTE FEES," BY EXEMPTING RESIDENTIAL CONDOMINIUMS, AND RESIDENTIAL CONDOMINIUM ASSOCIATIONS AND CO-OPERATIVES AND CO-OPERATIVE ASSOCIATIONS FROM THE ASSESSMENT OF SUPPLEMENTAL WASTE FEES AS SPECIFIED THEREIN; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. DATE OF FIRST READING : JULY 21, 1998 MOVED : COMMISSIONER REGALADO SECONDED : COMMISSIONER GORT NOES : COMMISSIONER TEELE SECOND READING ORDINANCE - (J-98-779) AMENDING SECTION 22-117(fl OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, INCREASING THE ADMINISTRATIVE FEE TO TWENTY PERCENT, OF THE ACTUAL EXPENSES INCURRED BY THE CITY WHEN CORRECTIVE ACTION IS TAKEN TO REMEDY A VIOLATIVE CONDITION ON A LOT OR PARCEL OF LAND; PROVIDING FOR A REPEALER PROVISION AND A SEVERABILITY CLAUSE. DATE OF FIRST READING JULY 21, 1998 MOVED COMMISSIONER PLUMMER SECONDED COMMISSIONER GORT ABSENT COMMISSIONER SANCHEZ PAGE 23 SEPTEMBER 8, 1998 DEFERRED BY M-98-823 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS DEFERRED BY M-98-823 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS PAGE 24 SEPTEMBER 8, 1998 ORDINANCES - FIRST READING NOTE: Any proposed ordinance listed as an item for first reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. 16. FIRST READING ORDINANCE - (J-98-692) AMENDING SECTION 53-181(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SCHEDULE OF FEES" THEREBY REVISING PARKING RATES AT THE JAMES L. KNIGHT INTERNATIONAL CENTER PUBLIC PARKING FACILITY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 17. FIRST READING ORDINANCE - (J-98-796) AMENDING CHAPTER 2 1 ARTICLE XI / DIVISION 6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION / BOARDS, COMMITTEES, COMMISSIONS / MIAMI SPORTS AND EXHIBITION AUTHORITY", TO (1) ALLOW THE SENIOR MEMBER OF THE COMMISSION TO DECLINE HIS/HER APPOINTMENT TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA"), (2) DELETE REQUIREMENT THAT THE APPOINTED COMMISSIONER BE PRESIDING OFFICER OF THE CITY COMMISSION, AND (3) DESIGNATE THAT THE MEMBERS APPOINTED TO THE MSEA SHALL SERVE FOR A TERM OF NOT LESS THAN ONE YEAR; MORE PARTICULARLY BY AMENDING SECTION 2-1013(a) AND (c) OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. FIRST READING ORDINANCE MOVED: GORT SECONDED: TEELE ABSENT: REGALADO SANCHEZ DEFERRED TO SEPTEMBER 28, 1998 18. ORDINANCES - FIRST READING CONT'D FIRST READING ORDINANCE - (J-98-844) AMENDING CHAPTER 10, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGSIIN GENERAL", WHICH SETS FORTH FEES FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL, (INCLUDING BOILER AND ELEVATOR) INSPECTION, PERMIT AND CERTIFICATE FEES, TO MODIFY THE FEES FOR CONSTRUCTION DEBRIS REMOVAL AND PROVIDE FOR EXEMPTIONS; MORE PARTICULARLY BY AMENDING SECTION 10-4(b) OF THE CODE CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 19. FIRST READING ORDINANCE - (J-98-848) AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS", BY AMENDING SECTION 54-190, ENTITLED "NONSTANDARD STREET WIDTHS", BY ADDING WEST DRIVE, BETWEEN MATHESON AVENUE AND STEWART AVENUE, IN THE COCONUT GROVE NEIGHBORHOOD; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 25 SEPTEMBER 8, 1998 WITHDRAWN FIRST READING ORDINANCE MOVED: REGALADO SECONDED: SANCHEZ ABSENT: GORT 20. ORDINANCES - FIRST READING CONT'D FIRST READING ORDINANCE - (J-98-546) ABOLISHING THE TAX-EXEMPT PROPERTY STEERING COMMITTEE AND REVOKING ALL OF SAID COMMITTEE'S POWERS, DUTIES, PRIVILEGES AND FUNCTIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 21. WITHDRAWN PAGE 26 SEPTEMBER 8, 1998 FIRST READING ORDINANCE MOVED: PLUMMER SECONDED: SANCHEZ ABSENT: GORT 22 22A. ORDINANCES - FIRST READING CONT'D FIRST READING ORDINANCE - (J-98-545) AMENDING CHAPTER 54/ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/COCONUT GROVE SPECIAL EVENTS DISTRICT", TO PROVIDE THAT THE CITY COMMISSIONER APPOINTED AS THE EX OFFICIO NONVOTING MEMBER OF THE COCONUT GROVE STANDING FESTIVAL COMMITTEE MAY BE DESIGNATED BY THE CITY COMMISSION AS THE CHAIRPERSON OF SAID COMMITTEE; MORE PARTICULARLY BY AMENDING SECTION 54-342 (c) OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. FIRST READING ORDINANCE - (J-98-931) AMENDING CHAPTER 2, ARTICLE IV, DIVISION 12, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, DEPARTMENTS, MANAGEMENT AND BUDGET DEPARTMENT", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ENACTING AN ANTI -DEFICIENCY ORDINANCE TO SET FORTH REGULATIONS TO ENSURE THAT DEPARTMENTS AND INDIVIDUALS WITH AUTHORITY TO OBLIGATE OR DISBURSE CITY FUNDS DO NOT EXPEND FUNDS DURING A FISCAL YEAR IN EXCESS OF THOSE WHICH HAVE BEEN APPROVED IN A DULY ADOPTED BUDGET; MORE PARTICULARLY BY ADDING NEW SUBSECTION 2-497 (2) (a) (b) (c) (d) (e), (o and (g); CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 27 SEPTEMBER 8, 1998 FIRST READING ORDINANCE MOVED: REGALADO SECONDED: SANCHEZ ABSENT: GORT FIRST READING ORDINANCE MOVED: TEELE SECONDED: REGALADO UNANIMOUS 22B. ORDINANCES - FIRST READING CONT'D FIRST READING ORDINANCE - (J-98-846) AMENDING CHAPTER 2, ARTICLE IV, DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, DEPARTMENTS, PLANNING, BUILDING AND ZONING DEPARTMENT", TO ESTABLISH INSPECTION AND SERVICE FEES FOR TRANSFERS OR CHANGES OF NAMES FOR CERTIFICATES OF USE; MORE PARTICULARLY BY AMENDING SECTION 2-207(a); CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 28 SEPTEMBER 8, 1998 FIRST READING ORDINANCE MOVED: SANCHEZ SECONDED: REGALADO UNANIMOUS RESOLUTIONS OFFICE OF THE CITY CLERK 23. RESOLUTION - OCCUPATIONAL COMMISSION) (J-98-861) - (ESTABLISHING AN LICENSE EQUITY STUDY ESTABLISHING AN OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION ("COMMISSION") FOR THE PURPOSE OF RECOMMENDING CHANGES TO THE OCCUPATIONAL LICENSE TAX RATES IN ACCORDANCE WITH CHAPTER 205, FLORIDA STATUTES. NOTE: Item 23 is related to Item 24 PAGE 29 SEPTEMBER 8, 1998 R-98-856 MOVED: SECONDED: UNANIMOUS REGALADO GORT RESOLUTIONS CONT'D 24. RESOLUTION - (J-98-925) - (APPOINTING CERTAIN INDIVIDUALS) APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION ("COMMISSION") FOR THE TERMS AS DESIGNATED HEREIN. APPOINTEES: DEFERRED DEFERRED DEFERRED DEFERRED MIRTHA GUERRA-AGUIRRE DEFERRED NOMINATED BY: MAYOR CAROLLO MAYOR COROLLO COMMISSIONER GORT COMMISSIONER PLUMMER COMMISSIONER REGALADO COMMISSIONER SANCHEZ COMMISSIONER TEELE NOTE: Item 24 is related to Item 23 OFFICE OF THE CITY MANAGER 25. RESOLUTION - (J-98-855) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH KATZ, KUTTER, ALDERMAN, HAIGLER, BRYANT & YON, P.A., TO PROVIDE FEDERAL GOVERNMENT LOBBYING AND CONSULTING SERVICES TO THE CITY OF MIAMI FOR A PERIOD OF ONE (1) YEAR EFFECTIVE OCTOBER 1, 1998, IN AN AMOUNT NOT TO EXCEED $100,000, INCLUSIVE OF EXPENSES; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 920216-270. PAGE 30 SEPTEMBER 8, 1998 R-98-857 MOVED: SECONDED: UNANIMOUS R-98-858 MOVED: SECONDED: UNANIMOUS REGALADO GORT GORT REGALADO RESOLUTIONS CONT'D 26. RESOLUTION - (J-98-856) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE LAW FIRM OF GREENBERG, TRAURIG ET. AL., TO PROVIDE FEDERAL GOVERNMENT LOBBYING AND CONSULTING SERVICES TO THE CITY OF MIAMI FOR A PERIOD OF ONE (1) YEAR EFFECTIVE OCTOBER 1, 1998, IN AN AMOUNT NOT TO EXCEED $100,000, INCLUSIVE OF EXPENSES; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 920216-270. 27. RESOLUTION - (J-98-916) - (AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS TO SOLICIT A LOBBYING TEAM) AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS TO SOLICIT A LOBBYING TEAM TO REPRESENT THE CITY OF MIAMI IN TALLAHASSEE, FLORIDA; AUTHORIZING THE CITY MANAGER TO REVIEW THE PROPOSALS AND APPOINT A SELECTION COMMITTEE, SUBJECT TO THE APPROVAL OF THE MAYOR AND THE CITY COMMISSION, TO MAKE RECOMMENDATIONS TO THE CITY COMMISSION. PAGE 31 SEPTEMBER 8, 1998 R-98-859 MOVED: SECONDED: ABSTAINED: R-98-860 MOVED: SECONDED: UNANIMOUS GORT REGALADO SANCHEZ GORT TEELE RESOLUTIONS CONT'D 28. RESOLUTION - (J-98-926) - (AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE AGREEMENT BETWEEN THE CITY OF MIAMI AND HAWKINS, DELAFIELD & WOOD AND HOLTZMAN, KRINZMAN, EQUELS & FURIA, P.A., CO - BOND COUNSEL FOR THE CITY, TO EXTEND SAID AGREEMENT FOR A ONE (1) YEAR PERIOD, ENDING SEPTEMBER 30, 1999, AND INCREASE THE FEE CAP TO SAID FIRMS FROM $138,000 TO $188,000, PLUS $20,000 FOR EXPENSES; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 00100.921002.6.270. 29. RESOLUTION - (J-98-829) - (AUTHORIZING AND DIRECTING THE CITY MANAGER TO INCLUDE IN THE CITY MANAGER'S RECOMMENDED BUDGET) AUTHORIZING AND DIRECTING THE CITY MANAGER TO INCLUDE IN THE CITY MANAGER'S RECOMMENDED BUDGET, AN AMOUNT TOTALING $25,000,000 TO BE MADE AVAILABLE OVER A PERIOD OF TEN YEARS, FROM FUTURE SECTION 108 LOAN GUARANTEES, AS MATCHING FUNDS FOR THE MIAMI- DADE COUNTY EMPOWERMENT ZONE. PAGE 32 SEPTEMBER 8, 1998 R-98-861 MOVED: SECONDED: UNANIMOUS SEE RELATED M-98-853 TEELE REGALADO MOVED: TEELE SECONDED: GORT UNANIMOUS ---------------------- R-98-854 (AS MODIFIED) MOVED: GORT SECONDED: SANCHEZ UNANIMOUS 30. RESOLUTIONS CONT'D DEPARTMENT OF FINANCE RESOLUTION - (J-98-650) - (ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER) ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO A LETTER OF INTEREST, AS TO THE MOST QUALIFIED FIRMS, IN TOP RANKED ORDER: 1) FINANCIAL COLLECTION AGENCIES, INC., 2) HOMESAFE/METEC MUNICIPAL SERVICES, AND 3) HEARD GOGGAN BLAIR & WILLIAMS TO PROVIDE DEBT COLLECTION SERVICES, ON A CITY-WIDE CONTRACT BASIS FOR AN INITIAL PERIOD OF TWO YEARS, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE- YEAR PERIODS, FOR THE DEPARTMENT OF FINANCE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH THE TOP RANKED FIRM, FINANCIAL COLLECTION AGENCIES, INC., AN AGREEMENT WHICH IS FAIR; COMPETITIVE AND REASONABLE; DIRECTING THE CITY MANAGER TO PRESENT SAID NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE CITY COMMISSION FOR FINAL APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH THE REMAINING FIRM(S), IN RANK ORDER, SHOULD NEGOTIATIONS FAIL WITH THE TOP RANKED FIRM. (This item was deferred from the meetings of July 14, and July 21, 1998). PAGE 33 SEPTEMBER 8, 1998 M-98-862 MOVED: TEELE SECONDED: GORT UNANIMOUS M-98-863 MOVED: TEELE SECONDED: GORT UNANIMOUS RESOLUTIONS CONT'D DEPARTMENT OF COMMUNITY DEVELOPMENT 31. RESOLUTION - (J-98-860) - (APPOINTING A FIVE MEMBER HOPWA RFP REVIEW COMMITTEE) APPOINTING A FIVE (5) MEMBER HOPWA RFP REVIEW COMMITTEE (THE "COMMITTEE") TO EVALUATE PROPOSALS RECEIVED FROM NOT -FOR - PROFIT AGENCIES FOR: (1) THE PROVISION OF HOUSING AND/OR SUPPORT SERVICES TO LOW INCOME PERSONS LIVING WITH HIV/AIDS IN CONNECTION WITH THE IMPLEMENTATION OF THE CITY'S 1997-1998 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM, AND (2) THE OPERATION OF THE CASA DE LOS MILAGROS HOUSING PROJECT; DIRECTING THE CITY MANAGER TO PRESENT THE COMMITTEE'S RECOMMENDATIONS TO THE CITY COMMISSION FOR ITS CONSIDERATION. 31A. RESOLUTION - (J-98-859) - (AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENGAGE THE SERVICES OF BERMELLO, AJAMIL & PARTNERS, INC.) AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENGAGE THE SERVICES OF BERMELLO, AJAMIL & PARTNERS, INC., IN AN AMOUNT NOT TO EXCEED $10,000, FOR THE PURPOSE OF ASSISTING THE COMMUNITY REDEVELOPMENT AGENCY (CRA) AND THE DEPARTMENT OF COMMUNITY DEVELOPMENT IN DEVELOPING A HOUSING PLAN FOR THE PROPOSED NORTHWESTERN ESTATES HOUSING PROJECT AND PROVIDING TECHNICAL ASSISTANCE FOR THE PROPOSED NEW HOPE/OVERTOWN HOUSING PROJECT. PAGE 34 SEPTEMBER 8, 1998 R-98-864 MOVED: SECONDED: UNANIMOUS R-98-865 MOVED: SECONDED: UNANIMOUS REGALADO SANCHEZ TEELE GORT RESOLUTIONS CONT'D DEPARTMENT OF FIRE -RESCUE 32. RESOLUTION - (J-98-909) - (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 BIDS AND APPROVING A CONTRACT AWARD TO GOVERNMENT SERVICES GROUP, INC., FOR THE PRINTING, STUFFING AND MAILING OF FIRST CLASS NOTICES TO CITY OF MIAMI PROPERTY OWNERS REGARDING THE PROPOSED FIRE RESCUE SPECIAL ASSESSMENTS, AT A COST NOT TO EXCEED $70,000; ALLOCATING FUNDS THEREFOR FROM THE FIRE RESCUE SPECIAL ASSESSMENT, ACCOUNT CODE NO. 110093.280905.6.270. PAGE 35 SEPTEMBER 8, 1998 R-98-866 MOVED: SECONDED ABSENT: SANCHEZ GORT TEELE RESOLUTIONS CONT'D 33. RESOLUTION - (J-98-918) - (APPROVING THE DECISION MADE PURSUANT TO THE CHIEF PROCUREMENT OFFICER) APPROVING THE DECISION MADE PURSUANT TO THE CHIEF PROCUREMENT OFFICER'S AUTHORITY UNDER SECTION 18-99 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO REJECT THE PROTEST FILED BY MEDAPHIS, INC. IN CONNECTION WITH REQUEST FOR PROPOSALS NO. 96-97-110 FOR EMERGENCY MEDICAL TRANSPORT BILLING AND/OR COLLECTION SERVICES. NOTE: Item 33 is related to Items 34 and 35 34. RESOLUTION - (J-98-917) - (APPROVING THE DECISION MADE PURSUANT TO THE CHIEF PROCUREMENT OFFICER) APPROVING THE DECISION MADE PURSUANT TO THE CHIEF PROCUREMENT OFFICER'S AUTHORITY UNDER SECTION 18-99 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED TO REJECT THE PROTEST FILED BY ADVANCED DATA PROCESSING, INC., IN CONNECTION WITH REQUEST FOR PROPOSALS NO. 96-97-110, EMERGENCY MEDICAL TRANSPORT BILLING AND/OR COLLECTION SERVICES. NOTE: Item 34 is related to Items 33 and 35 PAGE 36 SEPTEMBER 8, 1998 DEFERRED BY M-98-824 MOVED: SECONDED: UNANIMOUS DEFERRED BY M-98-824 MOVED: SECONDED: UNANIMOUS SANCHEZ REGALADO SANCHEZ REGALADO RESOLUTION CONT'D 35. RESOLUTION - (J-98-743) - (ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE) ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE, THAT THE MOST QUALIFIED FIRMS, IN TOP RANKED ORDER ARE: 1) LOCKHEED MARTIN IMS, 2) ADVANCED DATA PROCESSING, INC., AND 3) MEDAPHIS CORPORATION FOR THE PROVISION OF EMS BILLING AND/OR COLLECTION SERVICES, ON A CONTRACT BASIS FOR AN INITIAL TERM OF TWO YEARS, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS, FOR THE DEPARTMENT OF FIRE -RESCUE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH THE TOP RANKED FIRM, LOCKHEED MARTIN IMS, AN AGREEMENT WHICH IS FAIR, COMPETITIVE AND REASONABLE, AND FURTHER DIRECTING THE CITY MANAGER TO PRESENT SAID NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR FINAL APPROVAL; SHOULD NEGOTIATIONS FAIL WITH THE TOP RANKED FIRM, AUTHORIZING THE CITY MANAGER TO ENTER INTO NEGOTIATIONS WITH THE NEXT RANKED FIRM(S). NOTE: Item 35 is related to Items 33 and 34 DEPARTMENT OF LAW 36. WITHDRAWN PAGE 37 SEPTEMBER 8, 1998 DEFERRED BY M-98-824 MOVED: SANCHEZ SECONDED: REGALADO UNANIMOUS RESOLUTIONS CONT'D 37. RESOLUTION - (J-98-961) - (RESCINDING RESOLUTION NO. 97-784) RESCINDING RESOLUTION NO. 97-784, ADOPTED NOVEMBER 1, 1997, IN ITS ENTIRELY; AUTHORIZING THE CITY ATTORNEY TO ENGAGE THE LAW FIRM OF TEW AND BEASLEY, P.A. TO SERVE AS COUNSEL TO THE CITY OF MIAMI IN CONNECTION WITH LITIGATION PROCEEDINGS TO BE INITIATED AGAINST DELOITTE & TOUCHE, FORMER CITY OF MIAMI EXTERNAL AUDITORS; SAID ENGAGEMENT TO BE UNDER A CONTINGENCY FEE ARRANGEMENT AS HEREIN SPECIFIED, WITH ALL EXPENSES TO BE APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FOR COSTS FROM ACCOUNT NO. 92-10-02, MINOR OBJECT CODE 270. DEPARTMENT OF POLICE 38. RESOLUTION - (J-98-830) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY EXISTED) (4/5THS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY EXISTED AND AUTHORIZING THE PURCHASE OF TWO (2) POLICE SERVICE DOGS FROM METRO-DADE K-9 GUARD DOGS, UTILIZING MIAMI-DADE COUNTY CONTRACT NO. IB4293-02/02-OTR, IN AN AMOUNT NOT TO EXCEED $13,000; ALLOCATING FUNDS THEREFOR FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.875; FURTHER, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S AUTHORIZATION FOR THE ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR SAID ACQUISITION. PAGE 38 SEPTEMBER 8, 1998 WITHDRAWN BY M-98-826 MOVED: TEELE SECONDED: GORT UNANIMOUS R-98-867 MOVED: SECONDED: UNANIMOUS REGALDO SANCHEZ 39. NOTE: 40. RESOLUTIONS CONT'D DEPARTMENT OF PUBLIC FACILITIES RESOLUTION - (J-98-883) - (ACCEPTING AND ADOPTING PLAN) ACCEPTING AND ADOPTING THE CITY OF MIAMI, MIAMARINA AT BAYSIDE ECONOMIC DEVELOPMENT PLAN, ATTACHED HERETO AND MADE A PART HEREOF, FOR THE ASSIGNMENT OF COMMERCIAL VESSEL SLIPS ALONG THE INTRACOASTAL WATERWAY OF MIAMARINA, KNOWN AS THE ICW SEA WALL. Item 39 is related to Item 40 FIRST READING ORDINANCE - (J-98-711) AMENDING CHAPTER 50 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SHIPS, VESSELS, AND WATERWAYS", BY REPEALING ALL REFERENCES TO CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY RELATING TO COMMERCIAL VESSELS, AS HEREIN DEFINED; PROVIDING FOR APPLICATION FOR COMMERCIAL DOCKAGE AND REGULATIONS FOR THE REAPPLICATION FOR DOCKAGE AFTER REVOCATION BY THE CITY OF MIAMI; MORE PARTICULARLY BY: REPEALING SECTIONS 50-61 THROUGH 50-67 IN THEIR ENTIRETY, ADDING NEW SECTIONS 50-61 AND 50-343, AND AMENDING SECTIONS 50-1, 50-69, 50-221, 50-276, 50-301 AND 50-338; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. (This item was deferred from the meeting of July 21, 1998) NOTE: Item 40 is related to Item 39 PAGE 39 SEPTEMBER 8, 1998 R-98-868 (AS MODIFIED) MOVED: TEELE SECONDED: REGALADO UNANIMOUS FIRST READING ORDINANCE MOVED: GORT SECONDED: REGALADO UNANIMOUS NOTE: COMMISSION DISCUSSION ITEMS 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. 41. AS PER COMMISSIONER REGALADO'S REQUEST, DISCUSSION REGARDING A PROPOSED ORDINANCE TO CREATE A CULTURAL AND FINE ARTS BOARD. 42. AS PER COMMISSIONER PLUMMER'S REQUEST, DISCUSSION AS TO THE COST AND TIME ELEMENT OF DOING THE POLICE/FIRE OPERATIONAL REVIEW ASSISTANCE ON THE STRATEGIC PLAN. PAGE 40 SEPTEMBER 8, 1998 DEFERRED TO SEPTEMBER 28, 1998 DEFERRED TO NEXT COMMISSION MEETING PAGE 41 SEPTEMBER 8, 1998 43 BOARDS AND COMMITTEES RESOLUTION - (J-98-) - (APPOINTING CERTAIN INDIVIDUALS) APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE MIAMI RIVER COMMISSION FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Commissioner Joe Sanchez Cleve Jones Ernest ar in NOMINATED BY: MAYOR CAROLLO COMMISSION AT LARGE COMMISSION AT LARGE 44. RESOLUTION - (J-98-) - (APPOINTING CERTAIN INDIVIDUALS AND CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL) APPOINTING CERTAIN INDIVIDUALS AND CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL AS MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NORA HERNANDEZ- HENDRIX RAMIRO MARRERO DEFERRED DEFERRED NOMINATED BY: COMMISSIONER GORT COMMISSIONER GORT COMMISSIONER PLUMMER COMMISSIONER PLUMMER DEFERRED COMMISSIONER SANCHEZ APPOINTEE: LT. EDWARD P(DERMANN SELECTED BY: COMMISSION AT LARGE M-98-873 MOVED: GORT SECONDED: REGALADO UNANIMOUS R-98-875 (AS MODIFIED) MOVED: GORT SECONDED: REGALADO UNANIMOUS R-98-874 MOVED: SECONDED: UNANIMOUS REGALADO GORT BOARDS AND COMMITTEES CONT'D 46. RESOLUTION - (J-98-) - (NOMINATING CERTAIN INDIVIDUALS) NOMINATING CERTAIN INDIVIDUALS TO REPRESENT THE NEIGHBORHOODS OF LITTLE HAVANA, OVERTOWN AND WYNWOOD, FROM WHICH SAID NOMINEES THE BOARD OF COUNTY COMMISSIONERS WILL SELECT TWO INDIVIDUALS FROM EACH NEIGHBORHOOD TO SERVE ON THE FEDERAL ENTERPRISE COMMUNITY COUNCIL. NEIGHBORHOOD TO NOMINEES: BE REPRESENTED: SELECTED BY: Al i ce Carbal 1 o LITTLE HAVANA COMMISSIONER Sanchez LITTLE HAVANA COMMISSIONER LITTLE HAVANA COMMISSIONER LITTLE HAVANA COMMISSIONER LITTLE HAVANA COMMISSIONER Rev. John White Teele OVERTOWN COMMISSIONER OVERTOWN COMMISSIONER OVERTOWN COMMISSIONER OVERTOWN COMMISSIONER OVERTOWN COMMISSIONER Dorothy Quintana Plummer WYNWOOD COMMISSIONER WYNWOOD COMMISSIONER WYNWOOD COMMISSIONER WYNWOOD COMMISSIONER WYNWOOD COMMISSIONER 0 PAGE 42 SEPTEMBER 8, 1998 MOVED: GORT SECONDED: REGALADO UNANIMOUS R-98-876.1 MOVED: GORT SECONDED: REGALADO UNANIMOUS BOARDS AND COMMITTEES CONT'D 46. RESOLUTION - (J-98-) - (APPOINTING AN INDIVIDUAL) APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI BAYSIDE MINORITY FOUNDATION. APPOINTEE: NOMINATED BY: Luis Fernandez COMMISSIONER Gort 47. RESOLUTION - (J-98-) - (APPOINTING AN INDIVIDUAL) APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: COMMISSIONER SANCHEZ COMMISSIONER TEELE 9 PAGE 43 SEPTEMBER 8, 1998 R-98-877 MOVED: SECONDED: UNANIMOUS DEFERRED GORT REGALADO 48. BOARDS AND COMMITTEES CONT'D RESOLUTION - (J-98-) - (APPOINTING CERTAIN INDIVIDUALS) APPOINTING CERTAIN INDIVIDUALS TO SERVE AS REGULAR MEMBERS OF THE ZONING BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY; DEFERRED COMMISSIONER PLUMMER JUVENAL PINA COMMISSIONER SANCHEZ FIDEL PER COMMISSIONER SANCHEZ CHARLES J . FLOWERS COMMISSIONER TEELE DEFERRED COMMISSIONER TEELE n PAGE 44 SEPTEMBER 8, 1998 R-98-878 MOVED: SECONDED: UNANIMOUS SANCHEZ TEELE PAGE 45 SEPTEMBER 8, 1998 5:05PM 49. FIRST PUBLIC HEARING TO DISCUSS FY'99 TENTATIVE BUDGET DISCUSSION OF PROPOSED MILLAGE RATE AND TENTATIVE BUDGET FOR THE CITY OF MIAMI. A. PERCENTAGE INCREASE IN MILLAGE OVER ROLLED BACK RATE. RESPONSE: EIGHT AND FIFTY TWO ONE HUNDREDTHS OF ONE PERCENT (8.52%). B. SPECIFIC PURPOSE FOR WHICH AD VALOREM TAX REVENUES ARE BEING INCREASED. RESPONSE: TO ELIMINATE THE ANNUAL STRUCTURAL DEFICIT, MATCHING RECURRING ANNUAL EXPENSES WITH RECURRING ANNUAL REVENUES. PURPOSE: TO FUND ANNUAL MUNICIPAL SERVICES INCLUDING, BUT NOT LIMITED TO, POLICE, FIRE, AND SOLID WASTE. COST % $9,351,071 100% C. CITY COMMISSION LISTENS AND RESPONDS TO CITIZENS COMMENTS REGARDING THE PROPOSED MILLAGE INCREASE AND EXPLAINS THE REASONS FOR THE INCREASE OVER THE ROLLED BACK RATE: D. ACTIONS BY THE CITY COMMISSION: 1. AMEND THE TENTATIVE BUDGET, IF NECESSARY. 2. RECOMPUTE THE PROPOSED MILLAGE RATE, IF NECESSARY. 3. PUBLICLY ANNOUNCE THE PERCENT BY WHICH THE RECOMPUTED PROPOSED MILLAGE RATE EXCEEDS THE ROLLED BACK RATE. 4. ADOPT THE TENTATIVE MILLAGE RATE. 5. ADOPT,THE AMENDED TENTATIVE BUDGET. DISCUSSED STATED ON RECORD STATED ON RECORD STATED ON RECORD PUBLIC HEARING HELD A. B. PUBLIC HEARING ITEMS CONT'D FIRST READING ORDINANCE - (J-98-873) DEFINING AND DESIGNATING THE TERRITORIAL LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. FIRST READING ORDINANCE - (J-98-872) MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1999; INCLUDING CAPITAL IMPROVEMENT APPROPRIATIONS; REPEALING PROVISIONS OF THE CAPITAL IMPROVEMENTS ORDINANCE NO. 11623, AS AMENDED, WHICH MIGHT BE IN CONFLICT WITH THIS ORDINANCE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. PAGE 46 SEPTEMBER 8, 1998 FIRST READING ORDINANCE MOVED: GORT SECONDED: REGALADO NAYS: TEELE SANCHEZ FIRST READING ORDINANCE MOVED: GORT SECONDED: REGALADO NAYS: SANCHEZ PUBLIC HEARINGS CONT'D 50. RESOLUTION - CITY MANAGER AGREEMENT) (J-98-874) - (AUTHORIZING THE TO EXECUTE AN INTERLOCAL AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY (THE "COUNTY") AND MUNICIPALITIES REPRESENTING A MAJORITY OF THE POPULATION OF THE INCORPORATED AREA OF THE COUNTY TO PROVIDE FOR THE DISTRIBUTION OF A PORTION OF THE COUNTY OPTIONAL GAS TAX TO BE DISTRIBUTED TO MUNICIPALITIES; FURTHER AUTHORIZING THE CITY MANAGER TO IMMEDIATELY COMMENCE NEGOTIATIONS WITH THE COUNTY TO OPTIMIZE THE FINANCIAL RETURN TO THE CITY FROM THE CURRENT LEVY AND ANY ADDITIONAL LEVIES TO BE IMPOSED BY THE COUNTY FOR FUTURE PROCEEDS TO BE PROVIDED TO THE CITY. PAGE 47 SEPTEMBER 8, 1998 R-98-869 MOVED: GORT SECONDED: TEELE UNANIMOUS PUBLIC HEARING ITEMS CONT'D 51. DISCUSSION OF PROPOSED MILLAGE RATE AND TENTATIVE BUDGET FOR THE DOWNTOWN DEVELOPMENT AUTHORITY. A. PERCENTAGE INCREASE IN MILLAGE OVER ROLLED BACK RATE. RESPONSE: SIX AND TWENTY HUNDREDTHS PERCENT (6.20%) B. SPECIFIC PURPOSE FOR WHICH AD VALOREM TAX REVENUES ARE BEING INCREASED. RESPONSE: PURPOSE: DOWNTOWN ECONOMIC DEVELOPMENT PROGRAMS COST % $122,064 $100 C. CITY COMMISSION LISTENS AND RESPONDS TO CITIZEN COMMENTS REGARDING THE PROPOSED MILLAGE INCREASE AND EXPLAINS THE REASONS FOR THE INCREASE OVER THE ROLLED BACK RATE. D. ACTIONS BY THE CITY COMMISSION 1. AMEND THE ADOPTED TENTATIVE BUDGET, IF NECESSARY. 2. RECOMPUTE THE PROPOSED MILLAGE RATE, IF NECESSARY. 3. PUBLICLY ANNOUNCE THE PERCENT BY WHICH THE RECOMPUTED PROPOSED MILLAGE RATE EXCEEDS THE ROLLED BACK RATE. 4. ADOPT THE TENTATIVE MILLAGE RATE. 5. ADOPT THE AMENDED TENTATIVE BUDGET. FI PAGE 48 SEPTEMBER 8, 1998 DISCUSSED STATED ON RECORD PUBLIC HEARING HELD PAGE 49 SEPTEMBER 8, 1998 A. PUBLIC HEARING ITEMS CONT'D FIRST READING ORDINANCE - (J-98-935) RELATED TO TAXATION, DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAM1, FLORIDA; FIXING THE MILLAGE AND LEVYING TAXES IN SAID DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30,1999, AT FIVE -TENTHS (5) MILLS ON THE DOLLAR OF NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID MILLAGE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI AS REFLECTED IN THE CITY'S MILLAGE LEVY ORDINANCE FOR THE AFORESAID FISCAL YEAR WHICH IS REQUIRED BY CITY CHARTER, SECTION 27; PROVIDING THAT THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS; PROVIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES, BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE, FIRST READING ORDINANCE MOVED: GORT SECONDED: REGALADO UNANIMOUS B. PUBLIC HEARING ITEMS CONT'D FIRST READING ORDINANCE - (J-98-933) MAKING APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999; AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE AND ADVERTISE REQUIRED BIDS; PROVIDING FOR BUDGETARY FLEXIBILITY; PROVIDING THAT THIS ORDINANCE BE DEEMED SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999 FOR THE OPERATIONS FOR THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 50 SEPTEMBER 8, 1998 FIRST READING ORDINANCE MOVED: GORT SECONDED: REGALADO UNANIMOUS 52. 53. 64. PUBLIC HEARING ITEMS CONT'D RESOLUTION - (J-98-787) - (APPROVING AND ADOPTING THE ANNUAL BUDGET) APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING, ATTACHED HERETO AND MADE A PART HEREOF, FOR FISCAL YEAR COMMENCING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30,1999, IN THE AMOUNT OF $617,535, EXCLUDING DEPRECIATION, FOR THE OPERATION OF GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING. RESOLUTION - (J-98-849) - (APPROVING AND ADOPTING THE ANNUAL BUDGET) APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING FOR FISCAL YEAR COMMENCING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999, ATTACHED HERETO AND MADE A PART HEREOF, IN THE AMOUNT OF $7,299,983, EXCLUDING DEPRECIATION AND OTHER NON -OPERATING EXPENSES OF $1,716,286. RESOLUTION - (J-98-851) - (APPROVING THE ANNUAL BUDGET) APPROVING THE BAYFRONT PARK MANAGEMENT TRUST OPERATIONS AND MAINTENANCE BUDGETS FOR FISCAL YEAR 1998-1999, ATTACHED HERETO AND MADE A PART HEREOF. PAGE 51 SEPTEMBER 8, 1998 R-98-870 MOVED: GORT SECONDED: REGALADO UNANIMOUS R-98-871 MOVED: GORT SECONDED: REGALADO UNANIMOUS R-98-872 MOVED: GORT SECONDED: REGALADO UNANIMOUS Supplemental Agenda City of Miami Commission September 8,1998 9:30 AM COMMENDATIONS: PRESENTED • Annilie Hastey, "Miss Florida American Sweetheart" --Presented by Mayor Carollo CERTIFICATES OF APPRECIATION: PRESENTED • Carmen Petsoules, Roads Area Activist --Presented by Commissioner Sanchez • Juan Pita, Service to the Community (NOT PRESENT: COMMISSIONER SANCHEZ --Presented b Commissioner Sanchez ;WILL PRESENT AT MR. PITA S SCHOOL) y (READ INTO READING OF PROCLAMATION: RECORD) From the City of Ormand Beach, in appreciation of City of Miami's support during recent firestorms