HomeMy WebLinkAboutCC 1994-01-13 Marked AgendaMAYOR STEPHEN P. + . •,RK CITY M, GER CESAR H. ODIO
VICE MAYOR MILLER J. DAWKINS ��3
COMMISSIONER VICTOR DE YURRE r 3
COMMISSIONER WIFREDO (WILLY) GORT o +"`le Is"`
COMMISSIONER J.L. PLUMMER JR, 74
CITY COMMISSION AGENDA
i
MEETING DATE: JANUARY 13, 1994 CITY HALL 3500 PAN AMERICAN DRIVE
CITY ORDINANCE NO. 10087, ADOPTED MARCH 18, 1986, AS AMENDED,
GENERALLY REQUIRES ALL PERSONS APPEARING IN A PAID 0R
REMUNERATED REPRESENTATIVE CAPACITY BEFORE CITY STAFF, BOARDS,
COMMITTEES AND THE CITY COMMISSION TO REGISTER WITH THE CITY
CLERK BEFORE ENGAGING IN LOBBYING ACTIVITIES. A COPY OF SAID
AMENDED ORDINANCE IS AVAP ABLE IN THE OFFICE OF THE CITY CLERK,
CITY HALL.
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 MAYOR WHO PRESIDES OVER THE CITY COMMISSION MEETING.
Should any person desire to appeal any decision of the Miami City Commission
with respect to any matter to be considered at this meeting, that person shall
ensure that a verbatim record of the proceedings is made including all testimony
and evidence upon which any appeal may be based.
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 12:00
noon; further, that Commission meetings will adjourn at the conclusion of
deliberations on the agenda item being considered pt 9:00 PM. (Resolution No.
87-115)
FOR ADOPTED LEGISLATION NOT APPEARING AS PART
OF THIS PRINTED AGENDA, KINDLY F-_FER TO THE
CITY CLERK'S REPORT, ATTACHED HERETO.
PAGE 2
JANUARY 13, 1994
CONSENT AGENDA
Item 1 which is comprised of items CA-1
through CA-23 has been scheduled to --Fe
heard jn —tT i e numbered sequence or as
announced by the Commission.
GENERAL LEGISLATIVE ITEMS
Items 2 through 30 may be heard in the
numbered sequence or as announced T�--te
Commiss o� n.
BOARDS AND COMMITTEES
Items 31 through 35 may be heard in the
numbe3- sequence or as announced
CommFie
ission.
COMMISSION DISCUSSION ITEMS
Items 36 through 39 may be heard in the
numbered sequence or as announced by —tFe
Commission.
PUBLIC HEARINGS
Item 40 has been advertised to be heard at
3:00 F *
Item 41 has been advertised to be heard at
3:05 PM*
*The City Commission shall consider these
items at the specified times or thereafter
as may fie announced.
PERSONAL APPEARANCES
Items 42 through 47 have been scheduled to
be heard beginning at 3:20 PM The City
Commission shall consider tie items at the
specified times or thereafter as
announced.
9:00 AM
A.
B.
INVOCATION AND PLEDGE OF ALLEGIANCE
PRESENTATIONS A PROCLAMATIONS
Approving the minutes of the City Commission
meeting of December 16, 1993.
CONSENT AGENDA
Unless a member of the City Commission wishes to remove
a specific item from this portion of the agenda, Items
CA- through CA-_ constitute the Consent Agenda. Th.;-
se-
resolutions are self-explanatory an are not expected to
require additional review or discussion. Each item will
be recorded as individually numbered resolutions,
adopted unanimously by the following motion:
"...that the Consent Agenda conrised of items
roux A- be a note ..."
The Mayor 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-94-6) - (ACCEPTING BID)
Acceptinq the bid
black/Dade County
full maintenance
of Air Tem erature
vendor or the f
air
(a
of
Dasis fora period of one year 1 with the option
to extend or two additional one 1 year Derio s
for the Department of Conferences, Conventions an
Public facilities at a total proposed annual cost
of 20000 00; allocating un s therefor rom
Account Code No. 350503-340; authorizing the City
Manager to instruct the Chief Procurement Officer
to issue a purchase order for this service, and
thereafter to extend this contract for two (2)
additional one (1) year periods, at the same
price, terms and conditions, subject to the
availability of funds.
PAGE 3
JANUARY 13, 1994
IDELIVERED
SEE SUPPLEMENTAL AGENDA
INOT TAKEN UP
WITHDRAWN
CA-2.
CA-3.
CONSENT AGENDA CONT'D
RESOLUTION - (J-94-8) - (ACCEPTING BID)
Acce ing the bid of Evaco Inc. (a non-
minority/local vendor), for the typesettina and
layout of the City of Miami's -annual_ inancia_
report as required -by state law on a contract
asis for one (1) year period for the Department
of General Services Administration and Solid
Waste/Graphic Reproductions Division at a total
proposed cost of $11.000.00; allocating funds
therefor rom Genera Services Administration and
Solid Waste, Graphic Reproductions Division,
Account Code 420501-680; authorizing the City
Manager to instruct the Chief Procurement Officer
to issue a purchase order for this service and
thereafter to extend said contract for an
additional one (1) year period at the same price,
terms and conditions and subject to the
availability of funds.
RESOLUTION - (J-94-4) - (ACCEPTING BID)
Acceptina the bid of Core Conce is (a non-
minority/non-local vendor), for the furnishing of
15 office chairs at a total proposed amount o
5 932.32; allocating funds therefor from t o
Police Department Special Revenue Fund, Project
No. 196002, Index Code 290461-840; authorizing the
City Manager to instruct the Chief Procurement
Officer to issue a purchase order for this
acquisition.
CA-4. RESOLUTION - (J-94-20) (ACCEPTING BID)
Accepting the bid of Zur ui I
Inc. a hispanic/Dade oui
proposed amount not to exce,
bid of the proposal, or Pan
Improvements Project (2nd
allocating funds from the
Ordinance No. 10938, Project
amount of $24.350.00 to covi
ty vendor), in a
,d $24.350.00, total
America- n Dive Median
Bidding), B-2993-A;
Capital Improvement
No. 415002, in the
an estimated total cost of Zkl 4Ul.'J3; authorizing
e t City Manager to execute a contract with said
firm, in a form acceptable to the City Attorney.
PAGE 4
JANUARY 13, 1994
R-94-1
MOVED
SECONDED:
UNANIMOUS
R-94-2
MOVED
SECONDED:
UNANIMOUS
DEFERRED
MOVED
SECONDED:
UNANIMOUS
DAWKINS
PLUMMER
DAWKINS
PLUMMER
DAWKINS
PLUMMER
11
PAGE 5
CONSENT AGENDA CONT'D JANUARY 13, 1994
CA-5. RESOLUTION - (J-94-22) - (ACCEPTING BID)
Accepting the bid of Horizon Contractors Inc.
a ispanic/Dade County Yen or), in a proeosed
amount not to exceed 64 555.42, total bid of the
proposal, for Overtown C.D. Street Improvement
Phase I, B-4553; allocating funds from the Fiscal
Year 1991-92 Capital Improvement Ordinance No.
10938, as amended, Project No. 341180, in the
amount of $64,555.42 to cover the contract cost
an 14 892.00 to cover the eifirmated expenses,
for an estimated total cost o 79 47. 2; an
authorizing the City Manager to execute a contract
with said firm in a form acceptable to the City
Attorney.
CA-6. RESOLUTION - (J-94-24) - (ACCEPTING BID)
AcceptinQ the bid of Central Concrete Su ermix
Inc. a hispanic/Dade County ven or or
furnishinQ ready mix concrete to the Department
Public Wor s on a contract basis for an initial
period to expire on September 30 1994 at a un t
cost of $41.50 per cubic yard, on an as -needed,
when -needed basis, for an estimated total cost for
the initiai contract Derioa in the amount of
2$20.750; allocating funds therefor from Account
Code No. 310501-750; authorizing the City Manager
to instruct the Chief Procurement Officer to issue
purchase orders for this material and to extend
this contract for two(2) additional one(1) year
periods at the same unit price, terms and
conditions, subject to the availability of funds.
CA-7. RESOLUTION - (J-94-12) - (RATIFYING, APPROVING AND
CONFIRMING, THE ACTION OF THE CITY MANAGER)
Ratifving. approving and confirming, the action of
the City Mana er in awarding Bid No. 92-93-42 to
tielowest responsive and responsible bidder Recio
and Associates a hispanic/Dade County vendor),
or the D antino of trees and Palms at Lummus Park
on an emergency basis due to grant expiration
completion deadline for the Department of Parks
and Recreation in a total proposed amount of
13 140.00; allocating funds therefor rom the
Small Business Administration Tree Planting Grant
Funds, Project No. 331042, Account Code No.
589301-860.
R-94-3
MOVED
SECONDED:
UNANIMOUS
R-94-4
MOVED
SECONDED:
UNANIMOUS
R-94-5
MOVED
SECONDED:
UNANIMOUS
DAWKINS
PLUMMER
DAWKINS
PLUMMER
DAWKINS
PLUMMER
CONSENT AGENDA CONT'D
CA-8. RESOLUTION - (J-94-54) - (REQUESTING THE CITY
MANAGER TO EFFECT THE DEPLOYMENT OF ADDITIONAL
POLICE PATROL UNITS AND SOLID WASTE INSPECTORS TO
THE ALLAPATTAH PRODUCE DISTRICT)
Requesting the City Manager to effect the
eo ovment of additional Police Patrol units an
solid waste inspectors to the AIia arxan rrouuce
District which oun a on the north by N.W. 23rU
treet, on the east by N.W. loth Avenue, on the
south by N.W. 20th Street and on the west by N.W.
17th Avenue, for the purpose of containing crime
and stopping illegal dum in in said area; further
authorizing a study analyzing crime,
infrastructure and transportation issues within
this target area to be conducted by the
International Trade Board and the Allapattah NET;
allocating funds therefor in an amount not to
exceed $20,000, from the Gneral Fund for t is
purpose.
CA-9. RESOLUTION - (J-94-49) - (AUTHORIZING TO EXECUTE
AN AGREEMENT)
Authorizing the City Manager to execute an
aareement. in substantially the attacFe-d form,
with the firm of David M. Griffith & Associates,
LTD., to Rrepare a Central Services Cost
Allocation Pan for the purpose of recoverin
overhead costs from grants for Fiscal Year 1993,
allocatin funds therefor, in an amount not to
exceed L5,000, from Special Programs an
Accounts, Account No. 921002-270.
PAGE 6
JANUARY 13, 1994
R-94-14
(AS MODIFIED)
MOVED : GOAT
SECONDED: CLARK
UNANIMOUS
R-94-6
MOVED DAWKINS
SECONDED: PLUMMER
UNANIMOUS
CONSENT AGENDA CONT'D
CA-10. RESOLUTION - (J-94-14) - (CONCERNING THE USE OF
THE DAMES L. KNIGHT CONVENTION CENTER'S RIVERFRONT
HALL)
Concerning the use of the James L. Kni ht
Convention Center's Riverfront —Hall y the
Oepartment of Fire -Rescue or t e resentation of
the 1994 Fire SafelyChi ren s Festiva urin
National Fire Prevention Wee Octo er -1 -
1994; approving a grant, in the amount of 8,400.
in support o sai event; allocating un s
therefor f rom Special Programs and Accounts;
further authorizing the City Manager to execute an
agreement and addendum, in substantially the
attached form, with Leisure Management Florida,
Inc. for this purpose.
CA-11. RESOLUTION - (J-94-47) - (RATIFYING, APPROVING AND
CONFIRMING THE ACTION OF THE CITY MANAGER IN
EXECUTING AN AGREEMENT)
Ratifying, approving and confirming the action of
the Cit Manager in executing an agreement, in
su stantially the attached orm, to sell 300. 00
cubic ards of fill material from theVirginia
stockpile to the City of North Miami for the
sum amount of $50.000.
CA-12. RESOLUTION - (J-94-13) - (RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S WAIVER OF RENTAL
FEES)
Ratifying, approving and confirming the Cit
Manaaer s waiver of rental fees for the use o t e
Coaches Association for the first annual Stan
December 4 1993, said waiver conditioned upon the
user paying all stadium costs and expenses and
ticket surcharge for said event; authorizing the
City Manager to execute an agreement, in
substantially the attached form, with Dade County
Football Coaches Association for said use.
PAGE 7
JANUARY 13, 1994
R-94-7
MOVED DAWKINS
SECONDED: PLUMMER
UNANIMOUS
R-94-8
MOVED DAWKINS
SECONDED: PLUMMER
UNANIMOUS
R-94-15
MOVED PLUMMER
SECONDED: DAWKINS
UNANIMOUS
CONSENT AGENDA CONT'D
CA-13. RESOLUTION - (J-93-893) - (AUTHORIZING THE CITY
MANAGER TO EXECUTE AN EASEMENT AGREEMENT)
CA-14.
Authorizing the City Manager to execute an
Easement Agreement, in substantia t e attac e
nrm_ etween Metr000 itan Dade County ("The
th—er—eby granting an easement to the County for a
forty eight -inch sewage force main, on real
property legally described by the Easement
Agreement and shown on Exhibit "A-1" to the
Easement Agreement, and in addition, granting a
temporary construction easement on the real
property legally described by the Easement
Agreement and shown on Exhibit "A-2" to the
Easement Agreement; said authorization further
conditioned upon provisions as more specifically
described and incorporated herein.
RESOLUTION - (J-93-786) - (ACCEPTING THE OWNERSHIP
OF THE EXISTING STORMWATER DRAINAGE SYSTEM)
Accepting the ownership of the existii
rainaue system locatedin the priv
utilitX parkways and easements in the uay mint
subdivision from the propertyowners of the said
subdivision; further authorizing the City Manager
Absolute Bill of Sale, in
attached orm, on behalf of the
with the Bay Point Homeowners
to execute an
substant i al I y t e
City of Miami
Association, Inc.
PAGE 8
JANUARY 13, 1994
R-94-9
MOVED DAWKINS
SECONDED: PLUMMER
UNANIMOUS
R-94-10
MOVED DAWKINS
SECONDED: PLUMMER
UNANIMOUS
n
CONSENT AGENDA CONT'D
CA-15. RESOLUTION - (J-94-35) - (ESTABLISHING SPECIAL
CHARGES, TERMS, AND CONDITIONS)
Establishing special charges, terms, and
conditions for the use of a ortion of -the Orange
towl Stadium by the Bill Nest Division of Pace
Motor Sports Inc. on February 5 1994 or t e
presentation of a monster truck and tractor Dull
cyrim Cim i L leu Lne --au er'Uvw l OT mo-cor J orts";
further authorizing the City Manager to execute an
agreement, in substantially the attached form,
between the City of Miami and said organization
for this purpose, subject to the organizers paying
for costs of necessary City services and
applicable fees associated with said event and
obtaining insurance to protect the City in an
amount prescribed by the City Manager or his
designee.
CA-16. RESOLUTION - (J-94-2) - (AUTHORIZING SETTLEMENT)
Authorizing the Director of Finance to pU to
S it ey _Jenrette, the sum of $40,000.00 without
any admission of liability, in full and complete
settlement of any and all claims and demands
against the City of Miami in the Circuit Court of
Dade County, Florida, Case No. 91-54978 CA (11);
allocating funds therefor from the City of Miami
Self -Insurance and Insurance Trust Fund.
CA-17. RESOLUTION - (J-94-1) - (AUTHORIZING SETTLEMENT)
Authorizing the Director of Finance to
Sy vester Simmons. as personal representative
6_1
In TU H ana compiete settlement of anv and all
claims and demands a ainst t o City of Miami, in
the Circuit Court of Dade County, Florida, --Case
No. 92-7245 CA (32); allocating funds therefor
from the City of Miami's Self -Insurance and
Insurance Trust Fund.
PAGE 9
JANUARY 13, 1994
R-94-16
MOVED GORT
SECONDED: PLUMMER
UNANIMOUS
R-94-17
MOVED DAWKINS
SECONDED: PLUMMER
UNANIMOUS
R-94-18
MOVED : DAWKINS
SECONDED: DE YURRE
NOES : GORT
CONSENT AGENDA CONT'D
CA-18. WITHDRAWN
CA-19. RESOLUTION - (J-94-33) - (AUTHORIZING ATTORNEY'S
FEES
Authorizing the Director of Finance to pay to
M`eivin Wheeler, the sum of $28,125.00 or
attorne s fees and $1,765-39 in costs as per the
or -der to motions for attorne 's fees and costs
�ated October 26 1993, in United States District
Court, Southern District of Florida, Miami
Division, Case No. 91-0084-CIV-KEHOE, funds to be
provided from the Insurance and Self -Insurance
Trust Fund.
CA-20. RESOLUTION - (J-94-38) - (APPROVING THE CITY
ATTO— R— NE S CONTINUING ENGAGEMENT OF THE LAW FIRM
OF GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN &
QUENTEL, P.A.)
Approving the City_ A_ttorney's continuing
engagement of the law firm of Green era. Trauria.
"Green erQ. Trauri to serve as counse at an
interim fee not to exceed 25 000 in connection
with the Environmental Protection Agency "EPA"
claim against to City of Miami. United States o
America V. IReservedl, with regard to the
Petroleum Products Corporation ("PPC") National
Priority List ("NPL") Site; allocating funds
therefor from the City of Miami's Self -Insurance
and Insurance Trust Fund for said services.
PAGE 10
JANUARY 13, 1994
R-94-19
MOVED PLUMMER
SECONDED: DAWKINS
UNANIMOUS
R-94-20
MOVED PLUMMER
SECONDED: GORT
UNANIMOUS
CONSENT AGENDA CONT'D
CA-21. RESOLUTION - (J-94-36) - (CONTINUING THE
NGAGEMENT OF THE LAW FIRM OF TEW & GARCIA-
PEDROSA)
Continuing the engagement of the law firm of TEW &
arcia-Pe rosa to serve as co -counsel before the
litioation services in connection with the case of
interim fee for such services not to exceed
75 000.00; allocating funds therefor rom tFe
City of Miami's Self -Insurance and Insurance Trust
Fund.
CA-22. RESOLUTION - (J-94-44) - (ACCEPTING PLAT)
A_c�cepti_ng the plat entitled Omni Annex, a
su division 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; and
providing for the recordation of said plat in the
public records of Dade County, Florida.
CA-23. RESOLUTION - (J-94-56) - (AUTHORIZING TO EXECUTE
AN AMENDMENT)
Authorizing the City Manager to execute an
amendment, in a form acceptable to the City
Attorney, to the existing agreement with Little
Havana Development Authority, Inc. t ere
extending said contract through June 30, 1994 an
Drovi ina additional un s. in the amount o
oeveloament Autnority. inc. to vroviae tecnnicai
assistance ana to Yurtner economic aeveio ment in
the expa-n-aea Little Havana target area; allocating
funds therefor rom t e nineteent (19th) Year
Community Development Block Grant Funds.
D OF CONSENTAGENDA I
PAGE 11
JANUARY 13, 1994
R-94-13
MOVED PLUMMER
SECONDED: DAWKINS
UNANIMOUS
R-94-11
MOVED DAWKINS
SECONDED: PLUMMER
UNANIMOUS
R-94-12
MOVED DAWKINS
SECONDED: PLUMMER
UNANIMOUS
NOTE: Items 2 through 30 may be heard in the i
sequence or as announced by the C_omm�s— son.
ORDINANCES - EMERGENCY
2. EMERGENCY ORDINANCE - (J-93-878)
THS VOTE)
(NOTE: This item is being presented on an
emergency basis to inmediately reduce the City's
pension liabilities and costs, to immediately
effect the benefit provisions for those fire and
police department employees desirous of immediate
retirement, and to immediately increase cast -of -
living benefits for retirees.)
Amending the Code of the City of Miami, Florida,
as amended, by amending Article IV of Chapter 40
entitled "Pension and Retirement Plans, Division
2. City of Miami Fire Fighters' and Police
Officers' Retirement Trust more particularly by
amending Sections , 40-212, 40-213, and
deleting Section 40-213.1 containing a repealer
provision, a severability clause, and providing
for an effective date upon adoption of this
ordinance.
3. EMERGENCY ORDINANCE - (J-94-52)
4 5THS VOTE
(NOTE: This item is being requested on an
emergency basis so that reimbursements can be made
for the current school year)
Amendin Ordinance No. 11059, adopted on April 15,
�g
99� , which established initial resources and
application from Metropolitan Dade County;
authorizing the City Manager to execute •the
necessary documents, in a form acceptable to the
City Attorney, to accomplishment the acceptance of
said grant; containing a repealer provision and a
severability clause.
PAGE 12
JANUARY 13, 1994
EMERGENCY ORDINANCE
11110
MOVED PLUMMER
SECONDED: DAWKINS
UNANIMOUS
EMERGENCY ORDINANCE
11111
MOVED PLUMMER
SECONDED: DAWKINS
UNANIMOUS
PAGE 13
ORDINANCES - SECOND READING JANUARY 13, 1994
NOTE: Any proposed ordinance listed as an item for
second reading on this section may be adopted as
an emergency measure, upon being so determined by
the City Commission.
4. SECOND READING ORDINANCE - (J-93-586)
Amending Chapter 54 of the Code of the City of
Miami, Florida, as amended, entitled "Streets and
Sidewalks", thereby changing t e street _excavation
ermit tee. establlsnina a tee schedule Tor the
use of the public ri hts-of-wa b Private
communications systems an further, rovidin or
the roration of fees fo,-- emits oFtained prior
to or after October 1s1.; more particularly, by
amending Sections 54-27, 54-149 and 54-150 of the
City Code; containing a repealer provision, a
severability clause and providing for an effective
date.
Date of First Reading: December 16, 1993
Moved : Commissioner Plummer
Second : Commissioner De Yurre
Vote : Unanimous
5. SECOND READING ORDINANCE - (J-93-862)
Repealing Ordinance No. 9959, as amended, adopted
February 14, 1985, in its entirety, thereby
releasing all limitations of authorized investment
of Citv funs or unds o anv retirement oroaram
controiiea Dy the city against the Re ublic of
South Africa; containing a repealer provision and
a severa i ity clause.
Date of First Reading: December 16, 1993
Moved : Commissioner Plummer
Second : Commissioner De Yurre
Vote : Unanimous
ORDINANCE 11112
MOVED : PLUMMER
SECONDED: DE YURRE
UNANIMOUS
ORDINANCE 11113
MOVED : PLUMMER
SECONDED: DE YURRE
UNANIMOUS
6.
7.
ORDINANCES - SECOND READING CONT'D
SECOND READING ORDINANCE - (J-93-877)
Amending Section 2-13 of the Code of the City of
M,am,, Florida, as amended, entitled "Order of
Business and Rules of Procedure", thereby adding a
second parig-raph to Subsection Four stating that
failure to provide a copy of each resolution or
ordinance within the required five (5) days
before a City Commission meeting will result in
the resolution or ordinance being heard by the.
City Commission only if the City Commission deems
such resolution or ordinance to be of an emergency
nature; further, deleting Subsection Eight of said
City Code section; containing a repealer provision
and a severabiiity clause.
Date of First Reading: December 16, 1993
Moved : Vice Mayor Dawkins
Second : Commissioner Gort
Vote : Unanimous
SECOND READING ORDINANCE - (J-93-785)
Amending Chapter 54 of the Code of the City of
Miami, Florida, as amended, ent tied "Streets and
Sidewalks" by amending Section 54-104 entitled
"Nonstandard Street Widths" by modifying the width
of a certain street; containing a repealer
provision, a severa , ity clause, and providing
for an effective date.
Date of First Reading: December 16, 1993
Moved : Vice Mayor Dawkins
Second : Commissioner Plummer
Vote : Unanimous
PAGE 14
JANUARY 13, 1994
ORDINANCE 11114
(AS MODIFIED)
MOVED : PLUMMER
SECONDED: DAWKINS
UNANIMOUS
ORDINANCE 11115
MOVED : PLUMMER
SECONDED: DAWKINS
ABSENT : DAWKINS
PAGE 15
ORDINANCES - FIRST READING JANUARY 13, 1994
NOTE: Any proposed ordinance listed as an item for first
reading on this section may be adopted as an
emergency measure, upon being so determined by the
City Commission.
8. FIRST READING ORDINANCE - (J-93-835)
Amendinq Section 40-239 of the Code of the City of
Miami, Florida, as amended, en itied "Benefits",
by adding new Subsection "0" to said section,
thereby allowing the temporary art -time
employment of the Cit s non -uniformed classified
service of—retireof—retired beneficiaries of the City o
Miami General Emo ovees and Sanitation Emo o-veW
Retirement Trust with the exception of cr;ose
retired beneficiaries on ordinary isa i it . and
accidental or service incurred disability, said
temporary art -time emplqent shall not: 1
of ect the receipt of pension benefits by sai
retired beneficiaries 2 result in the earnin
or accrual of vacation time sick time ension
ene its, or any employee enefits other than
._. �...... .. 4 T w.7;:--./ tni _n_ .se .
containing a repealer provision and severability
clause. (This item was deferred from the meeting
of November 23, 1993)
9. FIRST READING ORDINANCE - (J-94-15)
Establishina a new Special Revenue Fund entitled:
a
State of Florida Department of Health and
Rehabilitative Services under the 'Florida
Emergency Medical Services Grant Program for
Counties 145,508 in carry-over fund- balance
from previous EMS Grant Awards; authorizing the
City Manager to accept the a orementioned grant
award and enter into the necessary letter of
understanding with the Florida Department of
Health and Rehabilitative Services and/or
Metropolitan Dade County, in a form acceptable to
the City Attorney and subject to applicable City
Code provisions; containing a repealer provision
and a severability clause.
WITHDRAWN
FIRST READING
MOVED : PLUMMER
SECONDED: GORT
ABSENT : DAWKINS
10.
11.
12.
ORDINANCES - FIRST READING CONT'D
FIRST READING ORDINANCE (J-94-16)
Amending Section 2-83.1 of the Code of the City of
Miami, Florida, as amended, en it tied "Emergency
Medical Transportation Service Fee" thereby
increasing user fees for the use of the emeraencv
meaicai trans ortation services necessary to cover
increases in operational costs• containing a
repealer provision and a severabi ity clause.
FIRST READING ORDINANCE (J-94-32)
Amending Chapter 54 of the Code of the City of
Miami, Florida, as amended, entitled "Street and
Sidewalks" by amending Section 54-104 entitled
"Nonstandard Street Widths" by modifying the width
of a certain street; containing a repea er
provision, a severa i ity clause, and providing
for an effective date.
FIRST READING ORDINANCE (J-94-48)
Amending Section 2-13 of the Code of the City of
Miami, Florida, as amended, entitled "Order of
Business and Rules of Procedure" thereby stating
that those portions of the agenda entitled "Public
Hearings, "Public Discussion", and "Personal
Appearances" shall be scheduled to be heard no
earner znan iu:uu A.m. on the gate of the Git
Commission containing a repealer
provision an a severability clause.
13. FIRST READING ORDINANCE (J-94-39)
Amending Chapter 22, entitled "Garbage and Trash",
of the Code of the City of Miami, Florida, as
amended, 7ereby eliminating residential backyard
sinaie
aroa a at curDsiae on ineir re uirea scheduled
collection da s, said collection days to e
prescribed y t e Director of the Department of
Solid Waste; more particularly by amending Section
22-2 of the City Code; containing a repealer
provision, a severability clause, and providing
for an effective date.
PAGE 16
JANUARY 13, 1994
WITHDRAWN
(BRIEFLY DISCUSSED)
DEFERRED
MOVED : PLUMMER
SECONDED: GORT.
UNANIMOUS
FIRST READING
MOVED : PLUMMER
SECONDED: GORT
UNANIMOUS
FIRST READING
(AS MODIFIED).
MOVED : CLARK
SECONDED: GORT
NOES : PLUMMER
ORDINANCES - FIRST READING CONT'D
14. FIRST READING ORDINANCE (J-94-55)
Establishing a new Special Revenue Fund entitled:
"Solid Waste Reduction: Recycling and Education
FY 94 "; appropriating funds for the developmFnt
i-nd implementation of same in accordance with
Section 403.706(4), Florida Statutes, in the
amount of 1500,000 consisting of a Recycling
Program Grant from the State of Florida,
Department of Environmental Regulation, in
accordance with the State of Florida Solid Waste
Management Grant Rule 17-716 and Section 403-7095
Florida Statutes; containing a repealer provision
and a severability clause.
RESOLUTIONS
Office of the Mayor
15. RESOLUTION - (J-94-46) - (URGING THE UNITED
NATIONS AND ALL ITS AFFILIATED ORGANIZATIONS TO
RECOGNIZE AND ACCORD FULL MEMBERSHIP STATUS IN THE
UNITED NATIONS AND ALL ITS AFFILIATED
ORGANIZATIONS TO THE REPUBLIC OF CHINA ON TAIWAN)
ing the United Nations and all its
organizations to recognize anaaccorG tuii
membership status in the United Mations ana ail
its a f� fated organizations to the Republic of
China on Taiwan; further, urging the United States
Government to give its active support in order to
expedite the full participation of the Republic of
China on Taiwan in the international community in
general and the United Nations in particular;
directing the City Clerk to transmit a copy of
this resolution to the officials designated
herein.
PAGE 17
JANUARY 13, 1994
FIRST READING,
(AS MODIFIED)'
MOVED : PLUMMER
SECONDED: DAWKINS
UNANIMOUS
R-94-21
MOVED
SECONDED:
UNANIMOUS
DAWKINS
PLUMMER
RESOLUTIONS CONT'D
Office of Asset and Grant Management
16. RESOLUTION - (J-93-880) - (AMENDING RESOLUTION
WHICH DIRECTED THE CITY MANAGER TO ALLOW VIRGINIA
KEY MARINA THE CONTINUED USE OF CITY -OWNED LAND ON
A MONTH TO MONTH BASIS NOT TO EXTEND BEYOND MARCH
31, 1994)
Amending Resolution No. 93-731, adopted November
23, 1993, which directed the Cit Manager to allow
Vir inia Key Marina Inc. "VKM" the continue
use of City -owned an or the area governed
the Concession Agreement hptwppn the City of Miami
and Marine Stadium Enterari ses . Inc.. on a mont -
De and March 31 1994 thereby: (1) extending said
month -to -month uom March 31, 1994 to June 30,
1994; and (2) effective January 1, 1994,
increasing the percentage of VKM'S gross receipts
to be paid the City from 10.3 percent (10.3%) to
fourteen percent (14%) for the dry boat storage
and sublease operations, with the gross receipts
to be paid the City by VKM for the restaurant
remaining at the existing 10.3 percent (10.3%).
(This item was deferred from the meeting of
December 16, 1993)
17. RESOLUTION - (J-94-51) - (AUTHORIZING THE CITY
MANAGER TO NEGOTIATE WITH THE CITY OF MIAMI
SPRINGS FOR THE PROPOSED SALE OF THE MIAMI SPRINGS
GOLF COURSE)
Authorizing the City Manager to negotiate with the
City of Miami Springs for the proposed sale of t o
Miami S rin s--Go-lf Course located at 650 urtiss
Parkway, Miami Springs, Florida, to said
municipality; directing the City Manager to
resent any forma o er sfrom the City'of Miami
Springs to the City Commission for its
consideration; further authorizing the amity
Manager, at his discretion, to proceed with
obtaining an appraisal from E. Roger Budny, Budny
and Heath, Inc., a non -minority appraiser and
member of the Appraisal Institute, to ascertain
the fair market value and fair market rent of said
golf course, as previously authorized pursuant to
Resolution No. 93-634 adopted on October 14, 1993.
PAGE 18
JANUARY 13, 1994
R-94-22
(AS MODIFIED)
MOVED : PLUMMER
SECONDED: GORT
UNANIMOUS
DISCUSSED AND WITHDRAWN
W
RESOLUTIONS CONT'D
Ba_yfront Park Management Trust Fund
18. RESOLUTION - (J-94-31) - (AUTHORIZING TO EXECUTE
AN AGREEMENT)
Authorizing the City Manager to execute an
a reement in a form acceptable to the it
Attorney,wit J.M. Services Inc. to operate an
manage the Ba ront Park Arts and Crafts Festiva
to e hold in Mildred and Claude Pepper Bay root
Park on specified weekends for a four year period
conmencin in Januar 1994 or a fee of not less
than 5,000 per month.
Department of Communitv Development
19. RESOLUTION - (J-94-5) - (ACCEPTING BID)
Acceptinq the bid of JR Builders Inc. a
hispanic local vendor) or the furnishina of
fifty-one (51) french windows to Fe 'Installedat
Manuel Artime Community Center for the Department
of Community Development at a proposed amount of
65 960.00 with option #2 for double pine
insulated lass at an additional 3 200.00 for a
total proeosed cost of 69 160.00 a locating un s
therefor from C.D. Block Grant Program Project No.
707210, Index Code No. 451892-860; authorizing the
City Manager to instruct the Chief Procurement
Officer to issue a purchase order for this
service. (This item was deferred from the meeting
of July 8, 1993)
20. RESOLUTION - (J-94-45) - (AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
METROPOLITAN DADE COUNTY)
Authorizin the City Manager to enter into an
inter o65al acireement with Metropolitan Dadi
County, in in a form acceptable to the City Attorney,
wherebv Dade Countv will enaaae consultant
applications for submission to the United States
Government unaer the twowerment zones and
Enterprise Communities Program; allocating funds
therefor, in an amount not to exceed $100,000,
from Community Development Block rant 19th Year
Grant Administration, Project No. 799302, Index
Code No. 451923.
PAGE 19
JANUARY 13, 1994
DEFERRED TO
JANUARY 27, 1994
R-94-23
MOVED DE YURRE
SECONDED: GORT
NOES : PLUMMER
R-94-37
MOVED : GORT
SECONDED: DE YURRE
UNANIMOUS
RESOLUTIONS CONT'D
Department of Development and Housing Conservation
21. RESOLUTION - (J-93-827) - (AUTHORIZING TO EXECUTE
A CONSTRUCTION LOAN AGREEMENT)
Authorizing the City Manager to execute a
Construction Loan Agreement and Mortgage, in a
orm acceptable to the City Attorney, with the
Citadel Arena Corporation Inc., for a $2.5 million
loan under the United States Department of Housing
anFUrban Development Section 108 Program, for the
purpose of financing the development oTa
Restaurant S orts Bar Complex, located in t e
Southeast Overtown Park West Community
Redevelopment District, at approximately Northwest
5th Street and Northwest 1st Avenue, Miami,
Florida. (This item was deferred from the meeting
of November 23, 1993)
22. WITHDRAWN
Department of Police
23. RESOLUTION - (J-94-53) - (AUTHORIZING FUNDING)
Authorizing the fundinq of the Crime Prevention
Program and allocating funs therefor, in an
amount not to exceed100.000, from the Law
Enforcement Trust Fun LETF , such expenditure(s)
having been certified by the Chief of Police as
complying with Florida State Statute 932.7055, as
amended.
Department of Public Works
24. RESOLUTION - (J-93-212) = (AUTHORIZING
CONSTRUCTION & MAINTENANCE OF PEDESTRIAN OVERPASS)
Authorizing and permitting Equitable Life
Assurance Society of the United States.
hereina ter referred to as "Equitable") to
construct and maintain a peaestrian overpass over
and across Northeast 15th Street between the Omni
Metromover Station and the Omni Complex. T is
item was continued Trom t e meetings of April 15,
1993 and June 29, 1993.)
PAGE 20
JANUARY 13, 1994
WITHDRAWN
R-94-43
MOVED DAWKINS
SECONDED: DE YURRE
(UNANIMOUS
(WITHDRAWN
RESOLUTIONS CONT'D
25. RESOLUTION - (J-94-21) - (ACCEPTING BID)
Acceptinq the bid of Horizon Contractors Inc. a
ispanic Dade County vendor), in a proposed amount
not to exceed $374.011.50, total idf tie
ro osal'forl' a'r attah C.D. Street Improvement -
Phase V, B-4552; allocating funds 'therefor rom
theFiscal Year 1991-92 Capital Improvement
Ordinance No. 10938, as amended, Project No.
341181, in the amount of $374.011.50 to cover the
contract cost an 2 560.00 to cover the
estimated expenses, for an estimated total cost o
446 571.50; authorizing the City Manager to
execute a contract with said firm, in a form
acceptable to the City Attorney.
26. RESOLUTION - (J-94-26) - (ACCEPTING BID)
Acceatina the bid of
the ro osea amount of i total bid
of the proposa for At a ie Ran a Park SpoFt
Lighting Repairs H-1075; allocating funds therefor
from the Fiscal Year 1993-94 Capital Improvement
Ordinance No. Project No. , in the
amount of to cover the contract cost
an to cover the estimate
expenses, for an estimated total cost o
i ; authorizing the City Manager to
execute a contract with said firm, in a form
acceptable to the City Attorney.
27. RESOLUTION - (J-94-23) - (ACCEPTING BID)
Accept nthe bid of Martin Vila and Associates
Inc. a hispanic/Dade County vendor), n a
Qroposed amount not to exceed $235,911.00, total
�id of the ro osaTTfor Model Cities C D Street
Improvement - Phase VII B-4554; allocating un s
therefor rom the Fiscal Year 1991-92 Capttal
Improvement Ordinance No. 10938, as amended,
Project No. 341179, in the amount of $235,911.00
to cover the contract cost an 44 2.00 to cover
the estimated expenses, or an estimated tote
cost o 280 93.00; authorizing the City Manager
to execute a contract with said firm, in a form
acceptable to the City Attorney.
PAGE 21
JANUARY 13, 1994
R-94-24
MOVED : DAWKINS
SECONDED: DE YURRE
UNANIMOUS
WITHDRAWN
R-94-25
MOVED DE YURRE
SECONDED: PLUMMER
UNANIMOUS
RESOLUTIONS CONT'D
28. RESOLUTION - (J-94-19) - (ACCEPTING BID)
Accepting the bid of M. Vila & Associates (a
ispanic Da a County vendor), in a proposed amount
not to exceed 169 000.00 total bid of t e
proposal, for design build Bobby Ma uro Par in
Lot (2nd Bidding), H-1035; allocating funds
t ere or from F.E.M.A. Reimbursement Project No.
403906 in the amount of 169 000.00 to cover the
contract cost and 7M757.00 to cover t e
estimated expenses, or an estimate tote cost o
187 757.00; authorizing t e City Manager to
execute a contract with said firm, in a form
acceptable to the City Attorney.
29. RESOLUTION - (J-94-25) - (AUTHORIZING ANNUAL
PURCHASE
Authorizing the annual purchase of asphaltic
concrete on an as -needed asis for the Department
of Public Works from those suppliers under
effective contract with Metropolitan Dade Count
at a total cost not to exceed $150,000 annually;
authorizing the allocation of funs on an annual
basis from Gas Tax Funds and/or from the operating
budget of Public Works for said purchase of
asphalt; authorizing the City Manager to instruct
the City's Chief Procurement Officer to issue
purchase orders for said asphaltic concrete,
subject to the availability of funds.
30. RESOLUTION - (J-94-30) - '(AUTHORIZING AND
PERMITTING TO CONSTRUCT & MAINTAIN A PEDESTRIAN
WALKWAY CANOPY)
Authorizing.and permitting Jetro Cash and Carr
Enterprises of Florida, Inc. Owner" to
construct and maintain a pedestrian walkway canopy
("Canopy") over ana across the PUNIC utIlIt
easement east of Northwest 12th Avenue, between
two separate ui ings, located at 2 1 Northwest
12th Avenue, Miami, Florida, approximately 335
feet north of N.W. 20th Street, with a minimum
clearance of 16.0 feet above the surface of the
public utility easement, conditioned upon the
applicant executing a covenant to in emni•y in
favor of the Citproviding fora procedure for
the removal of the canopX upon failure o owner to
maintain it; and further providing fi-r
ream rements Pertaining to the plans for the
construction of the canopy.
PAGE 22
JANUARY 13, 1994
R-94-26
MOVED DE YURRE
SECONDED: PLUMMER
UNANIMOUS
R-94-27
MOVED DE YURRE
SECONDED: PLUMMER
UNANIMOUS
R-94-28
MOVED DE YURRE
SECONDED: DAWKINS
UNANIMOUS
BOARDS AND COMMITTEES
31. RESOLUTION - (J-94-11) - (APPOINTING PUBLIC
MEMBERS
Appointing three Rublic members to the Civil
Service Board of the City of Miami, F ors a to
serve a term as herein specified.
32. RESOLUTION - (J-94-3) - (CONFIRMING ELECTED
EMPLOYEE MEMBERS)
33.
34.
35.
serve
i am -
• •�• • �+ �. , • v• M Y Y 1 111 M J 11 r 1 {� 1 1 1 J �./ V .r I I I G Y.
RESOLUTION - (J-93-843) - (APPOINTING AND
CONFIRMING APPOINTMENTS)
1
Ap oint ing two individuals and confirming the
appointment of two in ivi ua s as members to the
Citv of Miami General Employees' and Sanitation
Em o ees Retirement Trust or terms as
esignated herein.
RESOLUTION - (J-94-42) - (APPOINTING INDIVIDUALS)
Appointina individuals as regular members of the
Planning Advisory Board of the City of Miami
F on a, to serve terms as designated herein.
i
RESOLUTION - (J-94-41) - (APPOINTING INDIVIDUALS)
i
Appointing individuals as regular members of the
Zoning Board of the City of Miami, Florida, to
serve terms as designated herein.
PAGE 23
JANUARY 13, 1994
R-94-31
MOVED ; PLUMMER
SECONDED: DAWKINS
NOES : DE YURRE
R-94-29
MOVED DAWKINS
SECONDED: PLUMMER
UNANIMOUS
R-94-30
MOVED PLUMMER
SECONDED: DAWKINS
UNANIMOUS
R-94-32
MOVED DE YURRE
SECONDED: GORT
UNANIMOUS
R-94-33
MOVED PLUMMER
SECONDED: DAWKINS
UNANIMOUS
COMMISSION 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 natters
not specifically set forth in this section.
It is anticipated that no input from anyone other
than 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 tivie.
36. As per Commissioner Victor De Yurre's request
regardinq the change in zoning for the Vizcatran
Property ocated at approximately 16$-200 S.W.
32nd Road, 3200-3202 1; W lqt Avenue, and 1100-
1139 S.W. 22nd Terrace.
37. As per Commissioner Victor De Yurre's re ue-st
regarding a request for 4 500 to cover the rent
for the locati n o the Music SchoolFundation.
38. Discussion concerning change of date of the
Regular City Commission scheduled for February 10,
1994.
39. Discussion concerning the a reement between the
City of Miami and Boatyard Management Company,
Inc., dated Dece er 17, 1992,or the operation,
maintenance And management of the Dinner Key
Boatyard ocate at 2640 South Bays ore Drive.
END OF OMMI SI N DISCUSSION ITEMS
PAGE 24
JANUARY 13, 1994
R-94-41
MOVED DE YURRE
SECONDED: PLUMMER
UNANIMOUS
WITHDRAWN
R-94-35
MOVED : PLUMMER
SECONDED: DE YURRE
UNANIMOUS
R-94-36
MOVED : PLUMMER
SECONDED: DE YURRE
UNANIMOUS
•
PUBLIC HEARING ITEMS
3:00 PM
40. RESOLUTION - (J-94-9) - (RATIFYING CITY MANAGER'S
FINDING OF EMERGENCY PURCHASE)
(4/5THS VOTE)
Ratifying the City Manager's finding that an
emerqency need existed waivin the requirements
or com etitive sea a i s an a rovin t o
acquisition of a plastic cage forte Eager Beaver
Rec c er 23 from General Engines Company, Inc. in
a proposed amount o 7 280.00 for the Department
oT General Services Administration and Solid
Waste; allocating funds therefor from the FY'93
Recycling and Educational Grant Fund, Account Code
No. 421303-840, Project No. 197007.
3:05 PM
41. A public hearing will be held by the City
Commission for the purpose of hearing an
objections by the Commission from any intereste
parties affected by naming the Citv owned Dark
PERSONAL APPEARANCES
3:20 PM
NOTE: Legislation may result from City Commission
consideration of any Personal Appearance.
42. Mr. Robert J. Rodriguez, President of Natcom
Marketing Communications to address the Commission
regarding a Request for Qualifications RFQ
concernina the Centennial Celebration.
43. Mr. Donald J. Hinson, Executive Director of
Greater Biscayne Boulevard Chamber of Commerce to
resent the Chamber's too and the latest mulfl-
million dollar economic development project calTed
Miami s International Village and Mar et ace
M.I.V. .
PAGE 25
JANUARY 13, 1994
R-94-38
MOVED PLUMMER
SECONDED: DAWKINS
UNANIMOUS
R-94-39
MOVED GORT
SECONDED: DAWKINS
UNANIMOUS
WITHDRAWN
(DISCUSSED
PERSONAL
APPEARANCES CONT'D
44.
Representative(s)
from the Mornin side Civic
Association Zonin
o e Enforcement Committee to
iscuss uparading
code enforcement for the
commercial buildinqs
of -the North East Sector of
the City of Miami• sec ficall or 'introducing
painting and signage
requirements.
45.
Mr. Thelbert Johnakin, Chairperson of Model City
Crime Prevention
Sub -Council and Task Force to
re uest a status
report regarding the following
proposals; Crime Watch on Wheels, Improvements to
e made on the North District Substation Build5Q
and the Push Out the
Pusher P.U.P. Unit.
46.
Reverend Glenroy
Devoe to discuss the Temple
Baptist Church's
parking lot on 1723 NW 3r
Avenue.
47.
Ms. Mikki Canton
the City of Miami legislative
counsel to review
1993 Legislative appropriated
issues of the City
and upcoming 1994 Leqis ative
Session.
END OF PERSONAL APPEARANCE
PAGE 26
JANUARY 13, 1994
DISCUSSED
DISCUSSED
WITHDRAWN
R-94-42
MOVED DAWKINS
SECONDED: GORT
UNANIMOUS
SUPPLEMENTAL AGENDA
PRESENTATIONS
Commission Meeting = January 13, 1994 Time: 8:45 A.M.
PRESENTED Distinguished Visitor to: Dr. Ricardo Alarcon,
President Caracol Network and Dr. Dario Arismendi,
Caracol Network Director.
PRESENTED Certificate of Appreciation to: Sr. Alberto Diaz
Mateus, Vice President and General Manager Caracol
Miami and Sr. William Restrepo, News Director Caracol
Miami.