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HomeMy WebLinkAboutCC 1998-09-28 City Clerk's ReportCITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: September 28, 1998 NON- Direction to the City Manager: by Vice Chairman AGENDA Plummer to develop ways for the City of Miami to render assistance to those municipalities within the Florida Keys, that were affected by Hurricane Georges. ITEM 2 A MOTION TO DEFER CONSIDERATION OF M-98-886 AGENDA ITEM 2 (PROPOSED RESOLUTION TO MOVED: RATIFY, APPROVE AND CONFIRM THE CITY SECONDED MANAGER'S FINDING OF SOLE SOURCE, WAIVE ABSENT: REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE PURCHASE OF MOTOROLA XTS 3000 DIGITAL PORTABLE RADIOS WITH ACCESSORIES FROM MOTOROLA, INC. AT A TOTAL COST NOT TO EXCEED $195,439.50) (Note for the Record: this item was later passed as R- 98-938.1) ITEM 6 Note for the Record: Mayor Carollo indicated that he would forward any correspondence in connection with the renewal of the cable franchise license involving Miami Telecommunications, Inc. (hereinafter referred to as MTCI) to the consultant, namely, Matthew Leibowitz. ITEM 6 Direction to the City Manager: by Commissioner Plummer to televise on the City's governmental access channel (Channel 9), during the month of October, the City of Miami Commission's request for input from residents as to what they think about the services offered by MTCI; further requesting the residents to provide their responses in writing with their name, address and signature; further directing administration to provide the Commission with results from the aforementioned non- binding vote. Page No. 1 PLUMMER GORT TEELE CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: September 28, 1998 Page No. 2 ITEM 6 A RESOLUTION OF THE CITY COMMISSION OF R-98-913 THE CITY OF MIAMI, FLORIDA, ADOPTING A MOVED: PLUMMER PRELIMINARY ASSESSMENT DETERMINING SECONDED: REGALADO NOT TO RENEW THE MIAMI UNANIMOUS TELECOMMUNICATIONS, INC. CABLE TELEVISION LICENSE, ORDINANCE NO. 9332, AS AMENDED. ITEM 6 Note for the Record: Vice Chairman Plummer indicated that he would like to have a response by the consultant, Matthew Leibowitz, Esq., to the letter addressed to the Mayor and Commission from Ed Garcia, Director of Government Affairs and Communications, MTCI, concerning MTCI's interest in renewal of MTCI's cable television franchise and MTCI's informal proposal for cable television renewal for the City of Miami. ITEM 6 Direction to the City Manager: by Commissioner Gort to provide the Commission with updated financial analysis of payment of license fees (between the City of Miami and Miami Telecommunications, Inc. [MTCI]) over the 15 year life of the franchise agreement. ITEM 7 A MOTION GRANTING REQUEST RECEIVED M-98-914 FROM REPRESENTATIVES FROM ROD AND MOVED: SANCHEZ REEL TO USE WATSON ISLAND (INCLUDING SECONDED: REGALADO PARKING AND STAGING OF BOATS) FOR THE ABSENT: GORT PURPOSE bF CONDUCTING A KING FISH TOURNAMENT, MARCH 12 - 14, 1998. ITEM 9 Direction to the City Manager: by Commissioner Teele to instruct the Finance Department, through the external auditor, to perform a detailed audit of the CRA covering the period of the last ten years. CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: September 28, 1998 ITEM 9 Direction to the City Manager and City Attorney: by Mayor Carollo to research and review the Miami Arena agreement in order to determine how land currently used for parking lots was deeded from the City of Miami to the Community Redevelopment Agency (for the Southeast Overtown/Park West District); further directing the City Manager to ascertain where all of the moneys that were given to CRA have been spent for the past decade. ITEM 9 Direction to the City Manager: by Vice Chairman Plummer to instruct the Office of Budget and Management Analysis to contact Commissioner Teele, meet with him and address his concerns regarding the expenditure of monies that were statutorily earmarked for the CRA. ITEM 9 Direction to the City Manager: by Commissioner Teele to provide him with any memoranda related to the deprogramming of funds allocated to the Community Redevelopment Agency (CRA). ITEM 12 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 12 (PROPOSED SECOND READING ORDINANCE TO AMEND CHAPTER 22 OF THE CITY CODE ENTITLED "GARBAGE AND TRASH," WHILE PROVIDING FOR NEW REGULATIONS CONCERNING THE DISPOSAL OF TRASH; CREATE NEW ENFORCEMENT AND ADMINISTRATIVE FEES, ET CETERA) PENDING A THOROUGH BUDGETARY ANALYSIS BY THE OFFICE OF BUDGET AND MANAGEMENT ANALYSIS, AS TO THE IMPACT OF SAID LEGISLATION. Page No. 3 M-98-915 MOVED: SECONDED: UNANIMOUS TEELE REGALADO MEETING DATE CITY OF MIAMI CITY CLERK'S REPORT September 28, 1998 ITEM 14 Direction to the City Manager: by Vice Chairman Plummer to provide him with a memo regarding what efforts are being made by the administration to sell the City of Miami/University of Miami/James L. Knight Center. ITEM 22 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 22 (PROPOSED FIRST READING ORDINANCE TO AMEND CHAPTER 2, ARTICLE II OF THE CITY CODE, AS AMENDED, ENTITLED "ADMINISTRATIONBOARDS, COMMITTEES, COMMISSIONS, TO ESTABLISH THE UNITY COUNCIL OF MIAMI ["TUCOM"]) TO THE NEXT COMMISSION MEETING. ITEM 23 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 23 (PROPOSED FIRST READING ORDINANCE AMENDING SECTION 40-250 OF THE CITY CODE, AS AMENDED, ENTITLED "RIGHT OF CERTAIN PERSONS TO REJECT MEMBERSHIP" AS IT RELATES TO THE CITY OF MIAMI GENERAL EMPLOYEES AND SANITATION EMPLOYEES RETIREMENT TRUST ["GESE"]) TO THE CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR OCTOBER 13, 1998. Page No. 4 M 98-916 MOVED: SECONDED ABSENT: M-98-917 MOVED: SECONDED: UNANIMOUS SANCHEZ TEELE GORT TEELE REGALADO CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: September 28, 1998 ITEM 46-A A. RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR FRANCHISE PROPOSALS ("RFP") FROM COMMERCIAL SOLID WASTE HAULERS CURRENTLY DOING BUSINESS WITHIN THE CITY OF MIAMI ("CITY"), TO PROVIDE SOLID WASTE COLLECTION SERVICES FOR ALL OR PART OF THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO EVALUATE SAID PROPOSALS AND SUBMIT THEM TO THE CITY COMMISSION, IN RANK ORDER, FOR CONSIDERATION. ITEM 46-A Direction to the City Manager: by Commissioner Teele to instruct staff to research the records in order to avoid repetitiveness when drafting legislation; further instructing the manager to include language which would afford business owners the opportunity to select a commercial solid waste hauler; further reiterating his opposition to the establishment of districts or zones. ITEM 46-A Direction to the City Manager: by Vice Chairman Plummer to ensure that providers of the franchise for commercial solid waste collection services will provide adequate size dumpsters for designated locales. ITEM 46-A Direction to the City Manager: by Commissioner Regalado to develop a comprehensive plan, in conjunction with the commercial solid waste providers, to address complaints of residents regarding solid waste collection services, as well as code enforcement issues. Page No. 5 R-98-918 MOVED: SECONDED: UNANIMOUS SANCHEZ GORT MEETING DATE CITY OF MIAMI CITY CLERK'S REPORT September 28, 1998 ITEM 46-A Direction to the City Manager: by Vice Chairman Plummer to issue within 30 days a request for proposals to provide solid waste collection services; further stating that said process will culminate with a final decision by the Commission within 60 days. ITEM 46-A Direction to the City Manager: by Commissioner Teele to have violators pay the City for any dumpsters that are illegally placed in the public right-of-way. ITEM 12 A MOTION TO RECONSIDER VOTE TAKEN ON M-98-918.1 PRIOR MOTION 98-915, WHICH HAD DEFERRED MOVED: CONSIDERATION OF AGENDA ITEM 12 SECONDED: (PROPOSED SECOND READING ORDINANCE NAYS: AMENDING CHAPTER 22 OF THE CITY OF ABSENT: MIAMI, AS AMENDED, ENTITLED "GARBAGE AND TRASH" BY PROVIDING FOR NEW DEFINITIONS; NEW REGULATIONS CONCERNING THE DISPOSAL OF TRASH; CREATING NEW ENFORCEMENT AND ADMINISTRATIVE FEES, ET CETERA). (Note for the Record: Said item was immediately thereafter passed as Ordinance No. 11703.) ITEM 28 Direction to the City Manager: by Vice Chairman Plummer to consider adding a surcharge of $2.00 to every rescue service run. Page No. 6 TEELE REGALADO SANCHEZ GORT MEETING DATE CITY OF MIAMI CITY CLERK'S REPORT September 28, 1998 PZ-1 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-1 (APPEAL OF ZONING BOARD DECISION WHICH GRANTED APPEAL BY MARGO ALVAREZ OF A CLASS II SPECIAL PERMIT APPLICATION [NUMBER 98-0075] APPROVED WITH CONDITIONS BY THE DIRECTOR OF PLANNING AND DEVELOPMENT ON JUNE 1, 1998 FOR PROPERTY LOCATED AT APPROXIMATELY 3315 RICE STREET TO ALLOW NEW CONSTRUCTION OF A PARKING GARAGE) TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR OCTOBER 27, 1998. ITEM 48-B Direction to the City Manager: by Vice Chairman Plummer to send the monthly financial report (prepared by the Department of Finance) to each City Commissioner, as well as to the City Manager. ITEM 48-B A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE OFFICE OF BUDGET AND MANAGEMENT ANALYSIS AND THE FINANCE DEPARTMENT TO TRANSFER ALL FUNDS CURRENTLY EXISTING IN THE OMNI TAX INCREMENT TRUST FUND, TO AN OMNI TAX INCREMENT CAPITAL IMPROVEMENT FUND; SAID FUNDS TO BE UTILIZED FOR APPROVED CAPITAL PROJECTS ONLY WITHIN THE TAX INCREMENT DISTRICT IN ACCORDANCE WITH FLORIDA STATE STATUTES. Page No. 7 M-98-922 MOVED: SECONDED ABSENT: M-98-924 MOVED: SECONDED: UNANIMOUS TEELE REGALADO GORT, SANCHEZ TEELE GORT CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: September 28, 1998 Page No. 8 ITEM 48-B A MOTION DIRECTING THE CITY MANAGER M-98-925 PURSUANT TO CHAPTER 2, ARTICLE IV, MOVED: DIVISION 12 OF THE CODE OF THE CITY TO SECONDED: INSTRUCT THE OFFICE OF BUDGET AND UNANIMOUS MANAGEMENT ANALYSIS, IN CONJUNCTION WITH THE DEPARTMENTS OF COMMUNITY DEVELOPMENT AND FINANCE, TO RECONCILE AND CLOSE OUT ALL PRIOR YEAR STATE HOUSING INITIATIVE PROGRAMS (SHIP), HOUSING OPPORTUNITY FOR PEOPLE WITH AIDS (HOPWA), HOME GRANTS, PLUS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, SAID FUNDS ALL RECEIVED FROM UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD). ITEM 48-B Direction to the City Manager: by Commissioner Teele to have the Office of Budget and Management Analysis prepare a quarterly report of the aforementioned housing grant closings, funded by USHUD. NON- Direction to the City Attorney: by Commissioner Teele AGENDA to draft legislation to transfer the legislative function of preparing the City Commission agenda from the City Manager's Office to the City Attorney's Office. TEELE SANCHEZ CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: September 28, 1998 ITEM 52 Direction to the City Manager: by Commissioner Regalado to provide him with a report detailing the marketing and promotion strategy of the Miami Sports and Exhibition Authority (MSEA); further requesting copies of the tapes from MSEA's last meeting; further requesting the executive director of MSEA to work with representatives of the Dominican community who are coordinating an event in the Orange Bowl to raise funds for the victims of Hurricane Georges. NON- A MOTION DIRECTING THE CITY ATTORNEY TO AGENDA DRAFT APPROPRIATE LEGISLATION TO APPROVE THE BUDGET OF THE COMMUNITY REDEVELOPMENT AGENCY (CRA) IN ORDER THAT IT MAY CONTINUE TO OPERATE FOR FISCAL YEAR 1998-1999; FURTHER DIRECTING THE MANAGER TO SCHEDULE SAID ISSUE ON THE OCTOBER 13, 1998 COMMISSION MEETING AGENDA. amended 10-5-98 Page No. 9 M-98-927 MOVED: TEELE SECONDED: GORT UNANIMOUS CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: September 28, 1998 Page No. 10 ITEMS 42, A MOTION TO DEFER CONSIDERATION OF THE M-98-928 43, 44, 46, FOLLOWING ITEMS TO THE NEXT CITY MOVED: 47, 47-A, COMMISSION AGENDA: SECONDED: 47-B, 47-C ITEM 42 (DISCUSSION OF POLICE/FIRE UNANIMOUS OPERATIONAL REVIEW ASSISTANCE ON STRATEGIC PLAN); ITEM 43 (DISCUSSION REGARDING NOISE FROM SLOPPY JOE'S BAR); ITEM 44 (DISCUSSION OF DESIGNATION OF N.W. 32 STREET AS MRS. AIDA RAMOS); ITEM 46 (DISCUSSION OF REVIEW OF AD VALOREM TAX ASSESSMENTS); ITEM 47 (APPOINTMENTS TO AUDIT ADVISORY COMMITTEE); ITEM 47-A (APPOINTMENTS TO AFFORDABLE HOUSING ADVISORY COMMITTEE); ITEM 47-B (APPOINTMENTS TO CODE ENFORCEMENT BOARD); AND ITEM 47-C (APPOINTMENTS TO PROPERTY AND ASSET REVIEW COMMITTEE). REGALADO GORT ITEM 45 A MOTION ACCEPTING A REPORT IN M-98-932 CONNECTION WITH THE CITY'S MIGRATION MOVED: PLUMMER FROM ITS CURRENT UNISYS HARDWARE SECONDED: GORT PLATFORM TO THE UNISYS CLEARPATH UNANIMOUS SYSTEM. CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: September 28, 1998 ITEM 46-B A RESOLUTION AUTHORIZING THE REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $300,000.00, TO THE GREATER MIAMI NEIGHBORHOOD ASSOCIATION ("GRANTEE"), AS TRUSTEE FOR BASIC TRAINING ACADEMY, POWER, FAITH & DELIVERANCE MINISTRIES FOR THE PURPOSE OF ACQUIRING THE PROPERTY LOCATED AT 420 NORTHWEST LOTH STREET, MIAMI, FLORIDA, FOR USE BY THE BASIC TRAINING ACADEMY ("SUBRECIPIENT") FOR THE REHABILITATION AND TEMPORARY HOUSING OF INDIGENT YOUTH AND ADULTS; FURTHER AUTHORIZING SAID GRANTEE AND SUBRECIPIENT TO SOLICIT AND RECEIVE IN -KIND PRIVATE CONTRIBUTIONS TO ACQUIRE, REHABILITATE AND OPERATE THE SUBJECT PROPERTY. ITEM 34-A Direction to the City Attorney: by Commissioner Teele to have an expert come before the Commission and provide them with a briefing in connection with the Bedminster lawsuit. ITEM 2 A MOTION TO RECONSIDER PRIOR VOTE ON MOTION 98-886 (DEFERRAL OF PROPOSED PURCHASE OF MOTOROLA XTS 3000 DIGITAL PORTABLE RADIOS). (Note for the Record: This item was immediately thereafter passed and adopted as Resolution No. 98- 938.1) Page No. I R-98-933 MOVED: SECONDED: UNANIMOUS M-98-938 MOVED: SECONDED: UNANIMOUS TEELE PLUMMER PLUMMER SANCHEZ CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: September 28, 1998 PZ-3, PZ-4, A MOTION TO CONTINUE CONSIDERATION OF PZ-5, PZ-6, THE FOLLOWING ITEMS TO THE COMMISSION PZ-7 and MEETING PRESENTLY SCHEDULED FOR PZ-8 OCTOBER 27, 1998: PZ-3 (PROPOSED COMPREHENSIVE NEIGHBORHOOD PLAN CHANGE AT 1975 N.W. 12 AVENUE - PROPERTY MAINTENANCE SITE); PZ-4 (PROPOSED ZONING CHANGE AT 1975 N.W. 12 AVENUE - PROPERTY MAINTENANCE SITE); PZ-6 (PROPOSED MODIFICATION OF MINIMUM YARD REQUIREMENTS IN ZONING CODE); PZ-7 (PROPOSED PERMIT OF GENERAL OFFICE USE IN EXISTING OFFICE STRUCTURES WITHIN SD-4 ZONING DISTRICT); PZ-8 (PROPOSED COCONUT GROVE PLANNING STUDY); FURTHER CONTINUING CONSIDERATION OF PZ- 5 (PROPOSED AMENDMENT TO ZONING CODE TO INCLUDE ADJACENT G/I DISTRICT OUNDED BY MAIN HIGHWAY, CHARLES AVENUE AND WILLIAM AVENUE IN COCONUT GROVE CENTRAL COMMERCIAL DISTRICT), TO THE COMMISSION MEETING SCHEDULED FOR OCTOBER 13, 1998. Page No. 12 M-98-939 MOVED: SECONDED: UNANIMOUS REGALADO SANCHEZ CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: September 28, 1998 ITEMS 29, A MOTION TO CONTINUE CONSIDERATION OF 29-A, 29-B THE FOLLOWING AGENDA ITEMS TO THE OCTOBER 13, 1998 COMMISSION MEETING: ITEM 29 (PROPOSED REJECTION OF PROTEST FILED BY MEDAPHIS, INC. IN CONNECTION WITH RFPs FOR EMERGENCY MEDICAL TRANSPORT BILLING/COLLECTION SERVICES); ITEM 29-A (PROPOSED REJECTION OF PROTEST FILED BY ADVANCED DATA PROCESSING, INC. IN CONNECTION WITH RFPs FOR EMERGENCY MEDICAL TRANSPORT BILLING/COLLECTION SERVICES); ITEM 29-B (PROPOSED APPROVAL OF FINDINGS OF EVALUATION COMMITTEE FOR PROVISION OF EMERGENCY MEDICAL TRANSPORT BILLING/COLLECTION SERVICES). ITEM 29 Direction to the City Manager and City Attorney: by Commissioner Regalado to apprise him prior to October 13, 1998, of possible legal implications, if the bid protests are rejected, and the Commission approves the staff recommendation. NON- A RESOLUTION ACCEPTING A DONATION FROM AGENDA COURY INVESTMENT CONSISTING OF THE CONSTRUCTION AND MAINTENANCE OF A TEMPORARY EIGHT (8) FOOT HIGH PRECAST CONCRETE SOUND ATTENUATION FENCE TO BE ERECTED AT A ONE FOOT OFFSET FROM THE NORTHERLY RIGHT-OF-WAY LINE OF THE PUBLIC ALLEY ADJACENT TO AND ABUTTING 2501 S.W. 22ND STREET, MIAMI, FLORIDA, AT NO COST TO THE CITY; SETTING FORTH OTHER CONDITIONS AS HEREIN SPECIFIED. Page No. 13 M-98-940 MOVED: SECONDED NAYS: R-98-941 MOVED: SECONDED: UNANIMOUS TEELE REGALADO GORT REGALADO SANCHEZ CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: September 28, 1998 Page No. 14 NON- A RESOLUTION, WITH ATTACHMENT, R-98-942 AGENDA APPROVING AND ACCEPTING A COVENANT TO MOVED: RUN WITH THE LAND, ATTACHED HERETO AND SECONDED: MADE A PART HEREOF, PROFFERED BY LARRY UNANIMOUS PERL, OWNER OF LOTS 1 AND 2 OF BLOCK 1 OF PERL SUBDIVISION, AS RECORDED IN PLAT BOOK 144, AT PAGE 10, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AS GUARANTEE FOR THE PERFORMANCE OF THE TERMS OF AN AGREEMENT ENTERED INTO BETWEEN THE CITY OF MIAMI AND LARRY PERL, DATED JUNE 18, 1993, FOR THE PURPOSE OF CONSTRUCTING CERTAIN OFF -SITE IMPROVEMENTS WITHIN THE PUBLIC RIGHT- OF-WAY ADJACENT TO THE ABOVE DESCRIBED PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO RELEASE LETTER OF CREDIT NO. SB-UNIV-1231, IN THE AMOUNT OF $9,000.00, EXECUTED BY UNIVERSAL NATIONAL BANK, AS CURRENT GUARANTEE FOR PERFORMANCE OF THE TERMS OF SAID AGREEMENT. REGALADO TEELE NON- A RESOLUTION APPOINTING AN INDIVIDUAL R-98-943 AGENDA AS MEMBER OF THE COCONUT GROVE MOVED: PLUMMER PARKING ADVISORY COMMITTEE. SECONDED: GORT Note for the Record: Henry Givens was nominated by UNANIMOUS Vice Chairman Plummer as an at -large member. NON- A RESOLUTION APPOINTING AN INDIVIDUAL R-98-944 AGENDA AS MEMBER OF THE OCCUPATIONAL LICENSE MOVED: GORT EQUITY STUDY COMMISSION. SECONDED: PLUMMER Note for the Record: Luis Costa was nominated by UNANIMOUS Commissioner Gort. CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: September 28, 1998 ITEM 47-B A MOTION RECONSIDERING PRIOR VOTE ON MOTION 98-928, WHICH HAD DEFERRED CONSIDERATION OF APPOINTMENTS TO THE CODE ENFORCEMENT BOARD. Note for the Record: R-98-945.1 appointed James Keane, Jr. to the Code Enforcement Board. Mr. Keane was nominated by Commissioner Teele. NON- Direction to the City Manager: by Vice Chairman AGENDA Plummer to televise the City Commission agenda on Cable NET 9 before the next Commission meeting agenda. /rt) 4, eli)l WALTER J CLERK Page No. 15 M-98-945 MOVED: SECONDED: UNANIMOUS 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. TEELE PLUMMER