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HomeMy WebLinkAboutCC 1994-11-17 Marked Agendai '~ MAYOR VICE MAYOR COMMISSIONER COMh11SSIONER COMMISSIONER 1j 1 STEPHEN P. CLARK MILLER ). DAWKINS VICTOR DE YURRE WIFREDO (WILLY) GORT J.L. PLUMMER JR. ;,.:. ...:.~ CITY MANAGER CESAR H. ODIO CIiY COMMISSION AGENDA MEETING DATE: NOVEMBER 17, 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 OR 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 AVAILABLE 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 TN 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 prQCeedings 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 Noon; further, that Commission meetings will adjourn at the conclusion of deliberations on the agenda item being considered at 9:00 PM. (Resolution Mo. 87-115) * * * * * * * * * * * * FOR ADOPTED LEGISLATION NOT APPEARING AS PART OF THIS PRINTED AGENDA, KINDLY REFER TO THE CITY CLERK'S REPORT, ATTACHED HERETO. i CONSENT AGENDA Item 1 which is comprised of items CA-1 through CA-27 has been scheduled to be heard i n the numbered se uence or as announced b t e Commission. PAGE 2 NOVEMBER 17, 1994 BOARDS AND COMMITTEES Items 2 through 4 may be heard in the numbered sequence or as announced y~t~ie Commission. COMMISSION DISCUSSION ITEMS Items 5 through 7 may be heard in the numbered sequence or as announced by the Co~nission. NOTE: PUBLIC HEARINGS, PUBLIC DISCUSSION, AND PERSONAL APPEARANCES HAVE BEEN SCHEDULED TO BE HEARD STARTING AT 10:00 A.M. The City Commission s all consider these items at the s ecified time or thereafter as ma be announced . PUBLIC HEARINGS Items 8 through 13 may be heard in the numbered sequence or as announced by the Commission. PERSONAL APPEARANCES Items 14 through 21 may be heard in the numbered sequence or as announced~y tie Commission. GENERAL LEGISLATIVE ITEMS Items 22 through 45 may be heard in the numbered sequence or as announced 6y tie Commission. SPECIALLY SCHEDULED ITEM Item 46 has been scheduled to be heard at 6:00 P.M. or as announced by the Commission. PAGE 3 NOVEMBER 17, 1994 <:,~~~ 9:00 AM A. -.~ INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS & PROCLAMATIONS °"°~ t., B. APPROVING THE MINUTES OF THE REGULAR COMMISSION MEETING OF SEPTEMBER 8, 1994 AND THE PLANNING AND ZONING MEETING OF SEPTEMBER 22, 1994. 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. TFese 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: " ...that the Consent Agenda comprised of items CA-1 through CA-27 be adopted..." 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-94-920) - (ACCEPTING BID) ACCEPTING THE BID OF VILA & SON LANDSCAI OF 533.745. TOTAL BID .. . P. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, PROJECT CODE N0. 706202, IN THE AMOUNT OF $33,745 TO COVER THE CONTRACT COST AND $5,617 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $39,362; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. PAGE 4 NOVEMBER 17, 1994 DELIVERED SEE SUPPLEMENTAL AGENDA APPROVED MOVED . SECONDED: UNANIMOUS DAWKINS PLUMMER R-94-790 MOVED DE YURRE SECONDED: PLUMMER UNANIMOUS tiF9`t~ CA-2. :.,~ ~~ "~ CONSENT AGENDA CONT'D WITHDRAWN PAGE 5 NOVEMBER 17, 1994 CA-3. RESOLUTION - (J-94-915) - (RATIFYING, APPROVING AND CONFIRMING, THE ACTION OF THE CITY MANAGER) RATIFYING. APPROVING AND CONFIRMING. THE ACTI THE PROPOSED AMOUNT OF TOTAL BID OF THE (1RTUF MFnTAN_ IRRIGATION PROJECT B-2993-B" ON AN EMERGENCY BASIS DUE TO THE COMPLETION DEADLINE FOR THE MEDIAN IMPROVEMENTS; WITH MONIES THEREFOR ALLOCATED FROM PROJECT N0. 415002, AS APPROPRIATED BY THE FISCAL YEAR 1993-94 CAPITAL IMPROVEMENT ORDINANCE N0. 11139, IN THE AMOUNT OF $5,981 TO COVER THE CONTRACT COST AND $1,096.93 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OFF $7,077.93. CA-4. RESOLUTION - (J-94-914) - (RATIFYING, APPROVING AND CONFIRMING, THE ACTION OF THE CITY MANAGER) RATIFYING. APPROVING AND CONFIRMING. THE ACTION OF OF $15.965. TOTAL BID OF THE PROPOSAL. FOR "PAN AMERICAN DRIVE MEDIAN-LANDSCAPING PROJECT B-2993-C" ON AN EMERGENCY BASIS DUE TO THE COMPLETION DEADLINE FOR THE MEDIAN IMPROVEMENTS; WITH MONIES THEREFOR ALLOCATED FROM PROJECT N0. 415002, AS APPROPRIATED BY THE FISCAL YEAR 1993-94 CAPITAL IMPROUEMENT ORDINANCE N0. 11139 IN THE AMOUNT OF $15,965 TO COVER THE CONTRACT COST AND $2,758.72 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $18,723.72. R-94-791 MOVED DE YURRE SECONDED: PLUMMER ',UNANIMOUS R-94-792 MOVED DE YURRE SECONDED: PLUMMER UNANIMOUS CONSENT AGENDA CONT'D CA-5. RESOLUTION - (J-94-913) - (RATIFYING, APPROVING AND CONFIRMING, THE ACTION OF THE CITY MANAGER) RATIFYING, APPROVING AND CONFIRMING. THE ACTION OF n~w~in~~~, ~~u. ~ivviv-rulvvrcil ~~LUI.HL vGYUUItJ lir THE PROPOSED AMOUNT OF X10.000. TOTAL BID OF THE S1(SIEM - INVESTIGATION. INVENTORY AND TESTING i PROJECT B-3238-E" ON AN EMERGENCY BASIS; WITH MONIES THEREFOR ALLOCATED FROM PROJECT N0. 331338, AS APPROPRIATED BY THE FISCAL YEAR 1993-94 CAPITAL IMPROVEMENT ORDINANCE N0. 11139, IN THE AMOUNT OF $10,000 TO COVER THE CONTRACT COST AND $1,410.87 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED j TOTAL COST OF $11,410.87. CA-6. RESOLUTION - (J-94-938) - (APPROVING THE AWARD OF A CITY-WIDE CONTRACT) APPROVING THE AWARD OF A CITY-WIDE CONTRACT FOR nnu f ll. 1 U~[LJ UI~uCR unuC 1.vu~~ ~ ~ l,V~~ I ICnI. 1 1\V . 10~~- 5 93-2 FROM ART & FRAME MART NON-MINORITY LOCAL VENDOR AND UNIVERSAL PICTURE FRAMES INC. (NON- MINORITY DADE COUNTY VENDOR AT A PROPOSED FIRST YEAR COST OF $12,450; ALLOCATING FUNDS THEREFOR FROM: THE NET OFFICE PROGRAM, 25113 ($500); THE MAYOR'S OFFICE, 920215-722 ($6,000); PARKS AND RECREATION, 580301-722 ($150); POLICE, 290201-722 ($4,500); FIRE-RESCUE, 280201-722 ($1,000); COMMUNITY DEVELOPMENT, 452023-799302 ($300); 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 AN ADDITIONAL ONE (1) YEAR PERIOD, AT THE SAME PRICE, TERMS, AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS. PAGE 6 NOVEMBER 17, 1994 -94-793 OVED DE YURRE SECONDED: PLUMMER NANIMOUS R-94-794 MOVED DE YURRE SECONDED: PLUMMER UNANIMOUS U blt ? :aM'~t. a.:~ 1 x.F,,~ CONSENT AGENDA CONT'D CA-7. RESOLUTION - (J-94-937) - (ACCEPTING BID) ACCEPTING THE BID OF COMPUTER AIDED SERVICE C.A.S. (NON-MINORITY NON-LOCAL VENDOR FOR THE FURNISHING OF ONE (1 ENGINE ANALYZER FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/MOTOR POOL DIVISION AT A PROPOSED COST OF $26,823.50; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/MOTOR POOL DIVISIONS'S OPERATING BUDGET, ACCOUNT CODE N0. 421701-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION. CA-8. RESOLUTION - (J-94-936) - (ACCEPTING BID) ACCEPTING THE BID OF JONES EQUIPMENT COMPANY. INC. (NON-MINORITY/NON-LOCAL VENDOR) FOR THE PURCHASE OF FLEX CUFFS FOR THE DEPARTMENT OF POLICE, AT A TOTAL PROPOSED COST OF $17,174.40; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT'S _ GENERAL OPERATING BUDGET, ACCOUNT CODE N0. 290201- 722; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION. PAGE 7 NQVEMBER 17, 1994 R-94-795 ~~ MOVED DE YURRE SECONDED: PLUMMER UNANIMOUS R-94-796 MOVED DE YURRE. SECONDED: PLUMMER UNANIMOUS CONSENT AGENDA CONT'D CA-9. RESOLUTION - (J-94-928) - (ACCEPTING BID) ACCEPTING THE BID OF ALL PETS DENTAL CLINIC (NON- MINORITY NON-LOCAL VENDOR FOR THE FURNISHING OF ORAL HYGIENE FOR THE POLICE WORK DOGS ASSIGNED TO YEAR WITH f KUI'UJtU AIVIVUAL LUJf Ui- ~4,tSbU; HLLUI.HI llVli runu5 THEREFOR FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE N0. 290201-2T0; 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 ONE ADDITIONAL YEAR AT THE SAME ` PRICE, TERMS, AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS. PAGE 8 NOVEMBER 17, 1994 R-94-855 MOVED PLUMMER SECONDED: DAWKINS UNANIMOUS CA-10. RESOLUTION - (J-94-929) - (ACCEPTING THE BID) ACCEPTING THE BID OF OK FEED STORE (NON- MINORITY DADE COUNTY VENDOR FOR THE FURNISHING OF L. ON A ICE IN 10 651.20; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE N0. 290201-710; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION, AND THEREAFTER TO EXTEND THIS CONTRACT FOR AN ADDITIONAL ONE (1) YEAR PERIOD AT THE SAME PRICE, TERMS, AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS. R-94-797 MOVED DE YURRE SECONDED: PLUMMER UNANIMOUS CONSENT AGENDA CONT'D CA-11. RESOLUTION - (J-94-930) - (ACCEPTING BID) ACCEPTING THE BID OF SHELLEY TRACTOR & EQUIPMENT COMPANY (NON-MINORITY DADE COUNTY VENDOR) FOR THE FURNISHING OF TWO 2) LOADERiBACKHOES FOR THE DEPARTMENT OF PUBLIC WORKS AT A TOTAL PROPOSED COST OF X82,092; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT N0. 352231, ACCOUNT CODE N0. 319901-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID EQUIPMENT. CA-12. RESOLUTION - (J-94-922) - (AUTHORIZING AN INCREASE IN FUNDING) ZING AN INCREASE IN THE FUNDING FOR THE CA-13. ALTERNATIVES PROGRAM, IN THE AMOUNT OF 570.000 AND ALLOCATING FUNDS THEREFOR, IN THE AFORESAID AMOUNT, FROM THE LAW ENFORCEMENT TRUST FUND (LETF), SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH FLORIDA STATE STATUTE 932.7055, AS AMENDED. RESOLUTION - (J-94-926) - (AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICE AGREEMENTS) AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH INDIVIDUALS TO PROVIDE COMMUNICATIONS OPERATOR SERVICES FOR THE CITY OF MIAMI POLICE DEPARTMENT AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $100,000, FROM THE POLICE DEPARTMENT' GENERAL OPERATING BUDGET, INDEX CODE 290201-270. PAGE 9 NOVEMBER 17, 1994 R-94-798 .~ MOVED DE YURRE SECONDED: PLUMMER UNANIMOUS R-94-799 MOVED DE YURRE SECONDED: PLUMMER UNANIMOUS DEFERRED TO DECEMBER 1, 1994 ;~ ~,,~ .~ CONSENT AGENDA CONT'D CA-14. RESOLUTION - (J-94-907) - (AUTHORIZING FUNDING) AUTHORIZING THE FUNDING OF THE CRIME PREVENTION PROGRAM AND ALLOCATING FUNDS THEREFOR, iN AN AMOUNT NOT TO EXCEED 100 000, FROM THE LAW ENFORCEMENT TRUST FUND LETF SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH FLORIDA STATE STATUTE 932.7055, AS AMENDED. CA-15. RESOLUTION - (J-94-939} - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S APPROVAL) RATIFYING, APPROVING AND CONFIRMING THE CITY Ut4tMtStK ~. lyy4; JHlU FLHt U5E FEE APPROVAL 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 DADS COUNTY FOOTBALL COACHES ASSOCIATION FOR I SAID PURPOSE. PAGE 10 (NOVEMBER 17, 1994 R-94-800 ~' MOVED DE YURRE SECONDED: PLUMMER UNANIMOUS R-94-801 MOVED DE YURRE SECONDED: FLUMMER UNANIMOUS ~:~ CONSENT AGENDA CONT'D CA-16. RESOLUTION - (J-94-940) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ESTABLISHING SPECIAL CHARGES, TERMS, AND CONDITIONS) RATIFYING, APPROVING AND CONFIRMING THE CITY CONDITIONS, A5 SPECIFIED HEREIN, FOR THE USE OF THE ORANGE BOWL STADIUM BY PACE MOTORSPORTS INC. D B A PACE SUPERSPORTS AND SRO MOTOR SPORTS. INC.. 11, ly`!5; AU I F1UK 1 L 1 IV(a I Flt L 1 1 Y MANAIitK I U EXE(;U I E AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND PACE MOTORSPORTS, INC. AND SRO MOTOR SPORTS, INC., FOR SAID PURPOSE, SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. CA-17. RESOLUTION - (J-94-955) - (ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS) ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS, AS HEREIN SPECIFIED, FOR ISSUANCE OF A PI",RE~ PERMIT FOR A PERIOD NOT TO EXCEED THIRTY 30 DAYS, FOR USE OF PORTIONS OF WATSON ISLAND BY I 1995; AUTHORIZING THE CITY MANAGER TO DIRECT THE PARKS AND RECP,EATIONS DEPARTMENT DIRECTOR TO ISSUE THE NECESSARY PERMIT, IN A FORM ACCEPTABLE TO "t'HE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE CITY CHARTER AND CODE PROVISIONS, FOR THIS PURPOSE. PAGE 11 NOVEMBER 17, 1994 R-94-802 MOVED : DE YURRE SECONDED: PLUMMER UNANIMOUS R-94-827 MOVED : PLUMMER SECONDED: DAWKINS ABSENT DE YURRE ~1 CONSENT AGENDA CONT'D CA-18. RESOLUTION - (J-94-932) - (AUTHORIZING AN AGREEMENT AUTHORIZING THE MIAMI YACHT CLUB TO ENTER INTO AN USED AND OCCUPIED BY THE MIAMI YACHT CLUB UNDER A MONTH-TO-MONTH TENANCY, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, FOR THE STAGING OF THE MIAMI INTERNATIONAL SAILBOAT SHOW SCHEDULED FOR FEBRUARY 16-22, 1995, SUBJECT TO THE CITY BEING REIMBURSED FOR THE COST OF HURRICANE REPAIRS MADE TO THE MIAMI YACHT CLUB PREMISES IN AN AMOUNT NOT TO EXCEED $35,000. CA-19. RESOLUTION - (J-94-905) - (AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS) AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH PUBLIC POLICY RESEARCH INSTITUTE, INC.. AND PROFESSIONAL SERVICES AS SUPERVISORY TRAINING PROGRAM CONSULTANTS; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $25,000, FROM SPECIAL PROGRAMS & ACCOUNTS, N0. 921003-270. PAGE 12 NOVEMBER 17, 1994 R-94-827.1 (AS MODIFIED) MOVED PLUMMER SECONDED: DAWKINS ABSENT DE YURRE R-94-803 MOVED : DE YURRE SECONDED: PLUMMER UNANIMOUS ,~ '"\ I CONSENT AGENDA CONT'D CA-20. RESOLUTION - (J-94-906) - (AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT) AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE NATIONAL DEVELOPMENT COUNCILS INC. TO PROVIDE SERVICES IN CONNECTION WITH SECURING FINANCING FOR RESIDENTIAL AND COMMERCIAL DEVELOPMENT PROJECTS IN AN AMOUNT NOT '. TO EXCEED 50,000; FURTHER AUTHORIZING COMPENSATION FROM FUNDS AVAILABLE IN THE SOUTHEAST OVERTOWN PARK/WEST REDEVELOPMENT TRUST FUND ACCOUNT (PROJECT N0. 689001). i i i i CA-21. RESOLUTION - (J-94-885) - (AMENDING RESOLUTION N0. 92-620 AMENDING RESOLUTION N0. 92-620, ADOPTED OCTOBER 8, 1992, THEREBY CHANGING THE NAME OF THE LAW FIRM WITH WHICH CRAIG J. FREGER IS ASSOCIATED WITH FOR THE LEGAL REPRESENTATION OF BENJAMIN BOYKIN, ET AL. V. CITY OF MIAMI, ET AL., CASE N0. 88-2033- CIV-KEHOE, FROM COFFEY, ARAGON, MARTIN AND BURLINGTON, P.A. TO LASRIS, SAMUELS & FREGER, P.A. ~ ~I PAGE 13 NOVEMBER 17, 1994 R-94-804 MOVED DE YURRE SECONDED: PLUMMER UNANIMOUS R-9~--805 MOVED DE YURRE SECONDED: PLUMMER UNANIMOUS ,:~:.~,~ CONSENT AGENDA CONT'D CA-22. RESOLUTION - (J-94-877) - (AUTHORIZING SETTLEMENT) AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO WIFE, THE SUM OF $12,500, 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 N0. 93-15298 CA (13); ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI SELF- INSURANCE AND INSURANCE TRUST FUND. I CA-23. RESOLUTION - (J-94-876) - (AUTHORIZING SETTLEMENT) AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO SONIA LEBESS, THE SUM OF 62,500, 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 N0. 93-23522 CA (06); ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND. CA-24. RESOLUTION - (J-94-908) - (DONATION OF POLICE ', BATONS TO THE CITY OF SAN JOSE, COSTA RICA) CATEGORIZING 112 POLICE BATONS AS CATEGORY "A" STOCK AND DONATING THE SAME TO THE CITY OF SAN JOSE. COSTA RICA. PAGE 14 NOVEMBER 17, 1994 R-94-806 MOVED DE YURRE SECONDED: PLUMMER UNANIMOUS R-94-807 MOVED DE YURRE SECONDED: PLUMMER UNANIMOUS R-94-808 MOVED DE YURRE SECONDED: PLUMMER UNANIMOUS .~ ...~ CONSENT AGENDA CONT'D CA-25. RESOLUTION - (J-94-947) - (AUTHORIZING PAYMENT) AUTHORIZING PAYMENT TO MUNICIPAL CODE CORPORATION i~IlAMl; ALLUI.AIIIVIi YUIVUJ IHtKtfUK hKUi"I IHt l.tl1' CLERK'S FISCAL YEAR 1994-95 GENERAL OPERATING BUDGET. CA-26. RESOLUTION - (J-94-954) - (RATIFYING, APPROVING ~~ AND CONFIRMING THE CITY MANAGER'S WAIVER) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S WAIVER OF ALL USER FEES FOR THE USE OF THE ORANGE BOWL STADIUM BY "CUBA ANTE LA CUMBRE" FOR THE STAGING OF A DEMONSTRATION FOR THE LIBERATION OF CUBA, SAID EVENT TO BE HELD ON DECEMBER 10, 1994; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND "CUBA ANTE LA CUMBRE", SAID USE SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN AN AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. CA-27. WITHDRAWN PAGE 15 NOVEMBER 17, 1994 R-94-809 ~' MOVED DE YURRE SECONDED: PLUMMER UNANIMOUS R-94-810 MOVED DE YURRE SECONDED: PLUMMER UNANIMOUS END OF CONSENT AGENDA ..~ BOARDS AND COMMITTEES 2. ;f.::~ RESOLUTION - (J-94-667) - (RESCINDING RESOLUTION N0. 94-302) RESCINDING, IN ITS ENTIRETY, RESOLUTION NO. 94- 302, ADOPTED MAY 5, 1994, WHEREBY CERTAIN INDIVIDUALS WERE APPOINTED TO SERVE AS MEMBERS nF AIN INDIVIDUALS MANAGEMENT TR [N. 3. RESOLUTION - (J-94-811) - (APPOINTING AN INDIVIDUAL) APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE BUDGET AND FINANCES REVIEW COMMITTEE TO FILL THE REMAINDER OF AN UNEXPIRED TERM. 4. RESOLUTION - (J-94-792) - (APPOINTING AN INDIVIDUAL) APPOINTING AN INDIVIDUAL AS A MEMBER OF THE BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR A TERM AS DESIGNATED HEREIN; FURTHER, CONFIRMING THE SELECTION OF AN INDIVIDUAL BY THE AFSCME BARGAINING UNIT, AS A MEMBER OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST, FOR A TERM AS DESIGNATED HEREIN. PAGE I6 NOVEMBER 17, 1994 R-94-811 MOVED PLUMMER SECONDED: DE YURRE UNANIMOUS IR-94-812 MOVED GORT SECONDED: PLUMMER UNANIMOUS R-94-813 MOVED : PLUMMER SECONDED: GORT UNANIMOUS ~~ ~~~ PAGE 17 COMMISSION DISCUSSION ITEMS NOVEMBER 17, 1994 NOTE: Legislation may result from City Commission consideration of any Commission Discussion Item. This portion of the Agenda is separately designated as being available for the purpose of providing and securing City Commission ' information direction and guidance in significant ~ ' pending and concluded matters, including matters not specifically set forth in this section. It is anticipated that no input from anyone other than 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. 5. AS PER COMMISSIONER DE YURRE'S REQUEST, DISCUSSION R-9 4- 814 REGARDING FUNDING FOR THE 12TH MIAMI FILM MOVED DE YURRE FESTIVAL, ON FEBRUARY 3-12, 1995. SECONDED : DACaxINs UNANIMOUS 6. AS PER COMMISSIONER PLUMMER'S REQUEST, DISCUSSION R-94-845 REGARDING MEDICRL INSURANCE FOR LEGAL COUNSEL ON MOVED CLARK BOARDS. SECONDED DE YURRE UNANIMOUS ---------------------- R-94-846 7. DISCUSSION REGARDING THE SUMMIT OF THE AMERICAS. MOVED DAWKINS SECONDED DE YURRE NAYS PLLTMNIFF~R AND GORT R-94-815 MOVED GORT SECONDED: DE YURRE UNANIMOUS END OF COMMISSION DISCUSSION ITEMS ;.~ NOTE: PUBLIC HEARINGS, PUBLIC DISCUSSION, AND PERSONAL APPEARANCES HAVE BEEN SCHEDULED TO BE HEARD STARTING AT 10:00 A.M. (The City Commission shall consider these items at the s ecified time or thereafter as may be announced r PUBLIC HEARING ITEMS 10:00 AM FIRST READING g, - (J-94-742) 4 5THS VOTE (NOTE: This item is being presented as an emergency in order to restore proper management, fairness, pedestrian safety, protection of the public's health and welfare, and enforcement procedures to downtown vending activities.) RELATING TO STREET VENDING; AMENDING THE CODE OF 39. ARTI 39-17 ENTITLED "LIMITATIONS WITHIN RESTRICTED A DISTRICT"; PROVIDING FUR 1N~tIV~; F'KUVlUlIVU DEFINITIONS; ESTABLISHING DISTRICT BOUNDARIES AND DIVISIONS; PROVIDING FOR EXCLUSIVE VENDING FRANCHISE OPPORTUNITIES, AND LOCATIONS; PROVIDING CRITERIA FOR PARTICIPATING IN FRANCHISE AWARD PROCESS; PROVIDING FOR FRANCHISE LOCATION, ! FRANCHISEE SELECTION AND FRANCHISE FEES; ESTABLISHING PUSHCART DESIGN AND ACCESSORY CRITERIA, AND REVIEW; PROVIDING FOR VENDING ~ OPERATING REGULATIONS AND LIMITATIONS; PROVIDING FOR ENFORCEMENT, REVOCATION AND APPEALS; REQUIRING HOLD HARMLESS AGREEMENTS, INSURANCE, TAX CERTIFICATES, AND COMPLIANCE WITH APPLICABLE LOCAL AND STATE REGULATIONS AS A CONDITION PRECEDENT TO PARTICIPATING IN FRANCHISE AWARD PROCESS AND/OR VENDING IN SAID DISTRICT; AND CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 18 NOVEMBER 17, 1994 FIRST READING (AS MODIFIED) MOVED GORT SECONDED: PLUMMER UNANIMOUS (Emergency was changed to First Reading Ordinance in order to allow parties to meet in an effort to reach agreement). ,;3~ ,:r~ PUBLIC HEARING ITEMS CONT'D 9. SOLUTION - (J-94-859) - (AUTHORIZING THE CITY MA GER TO REALLOCATE $1,950,000 IN CDBG FUNDS) AUTHOR ING THE CITY MANAGER TO REALLOCATE 1 950 0 IN COMMUNITY DEVELOPMENT BLOCK GRANT CDBG FUN FROM THE FOLLOWING PROJECTS; 340,730 FROM THE 19T YEAR CDBG "ECONOMIC DEVELOPMENT AND PUBLIC IMPROV NT RESERVE"; $150,000 FROM THE f 19TH YEAR CDBG SIS PROJECT", $100,000 FROM THE 18TH YEAR CDBG RAND AVENUE PARK BUILDING I RENOVATION"; $159,2 FROM THE CDBG PROGRAM "CONTINGENCY REVENUE A UNT"; AND $1,200,000 FROM THE "CITYWIDE SINGLE FAM HOUSING REHABILITATION LOAN PROGRAM REVENUE ACCOU ", FOR THE PURPOSE OF PROVIDING FUNDS RE UIRED FO THE "RELOCATION OF THE MUNICIPAL SHOP _ OPER IONS"; FURTHER • J PAGE 19 NOVEMBER 17, 1994 DENIED BY M-94-816 MOVED CLARK SECONDED: DAWKINS NAYS GORT REALLOCATION OF CDBG FUNDING. (Ines ate was deferred from the meeting of October 27, 1994) ~,.,~ ,,.r,~ PUBLIC NEARING ITEMS CONT'D 10. RESOLUTION - (J-94-912) - (RATIFYING THE CITY MANA R S FINDING THAT AN EMERGENCY NEED EXISTED) (4/5THS VOTE) RATIFYING THE CITY MANAGER'S FINDING THAT AN EMERGENCY NEED EXISTED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE INSTALLATION OF A PUBLIC ELEVATOR AT MIAMI CITY HALL, 3500 PAN. AMERICAN DRIVE, FROM M.E.T. CONSTRUCTION, INC. (NON-MINORITY/DADE COUNTY VENDOR), IN THE AMOUNT OF $146,673.83, TOTAL BID OF THE PROPOSAL, FOR THE CITY HALL PUBLIC ELEVATOR PROJECT, B-6219, FOR THE DEPARTMENT OF PUBLIC WORKS; ALLOCATING FUNDS THEREFOR FROM PROJECT N0. 311040, AS APPROPRIATED BY THE FISCAL YEAR 1993-94 CAPITAL IMPROVEMENT ORDINANCE N0. 11139, IN THE AMOUNT OF $146,673.83 TO COVER THE CONTRACT COST AND $14,126.17 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL CO5T OF $160,800; FURTHER RATIFYING THE CITY MANAGER'S EXECUTION OF A CONTRACT WITH M.E.T. CONSTRUCTION, INC., FOR THIS PURPOSE. PAGE 20 NOVEMBER 17, 1994 R-94-817 MOVED PLUMMER SECONDED: GORT UNANIMOUS F~1 ,. PUBLIC HEARING ITEMS CONT'D 11. RESOLUTION - (J-94-834) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY EXISTS) (4/STNS VOTE) PROCEDURES FOR THE REPAIR AND REPLACEMENT OF A STORM SEWER LOCATED AT SOUTHEAST 8TH STREET AND SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA; RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY EXISTS JUSTIFYING SUCH WAIVER FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO ACCEPT THE LOWEST RESPONSIVE AND RESPONSIBLE BID FOR SAID SERVICES AT SOUTHEAST 8TH STREET AND SOUTH BAYSHORE DRIVE; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $15,000, FROM PROJECT N0. 352231 AS APPROPRIATED BY THE 1993- 1994 CAPITAL IMPROVEMENT ORDINANCE N0. 11139, AS AMENDED, FOR SAID REPAIR AND REPLACEMENT OF SAID STORM SEWER; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SUCCESSFUL BIDDER. PAGE 21 NOVEMBER 17, 1994 R-94-818 MOVED PLUMMER SECONDED: DE YURRE ABSENT GORT -~ PUBLIC HEARING ITEMS CONT'D 12. RESOLUTION - (J-94-835) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY NEED EXISTED) (4/STNS VOTE) WAIVING FORMAT, COMPETITIVE SEALED BID PROCEDURES FOR THE WIDENING OF THE VIRGINIA KEY COMPOST FACILITY SERVICE ROAD B-6216A, LOCATED AT THE NORTH END OF VIRGINIA KEY, MIAMI, FLORIDA; RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY EXISTS JUSTIFYING SUCH WAIVER FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO ACCEPT THE LOWEST RESPONSIVE AND RESPONSIBLE BID FOR SAID SERVICES AT THE VIRGINIA KEY COMPOST FACILITY SERVICE ROAD; ALLOCATING FUNDS THEREFOR FROM THE FY '94 RECYCLING AND EDUCATION GRANT, ACCOtINT ^10. 421304- 197006-340, IN AN AMOUNT NOT TO EXCEED 9$ 8,645 FOR SAID WIDENING; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AND/OR ISSUE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SUCCESSFUL BIDDER. 13. RESOLUTION - (J-94-946) - (RESTRICTION OF VEHICULAR ACCESS) TEMPORARILY RESTRICT VEHICULAR ACCESS TO MARLER AVENUE AT ITS INTERSECTION WITH DOUGLAS ROAD IN THE CITY OF MIAMI, FLORIDA, SUBJECT TO THE PROVISIONS CONTAINED WITHIN THIS RESOLUTION. PAGE 22 NOVEMBER 17, 1994 R-94-819 MOVED PLUMMER SECONDED: DAWKINS ABSENT DE YURRE R-94-820 MOVED GORT SECONDED: PLUMMER ABSENT DE YURRE NOTE: 14. 15. 16. 17. ,.:;,~ PERSONAL APPEARANCES Legislation may result from City Commission consideration of any Personal Appearance. AS PER MAYOR CLARK'S REQUEST, MR. L. ANTHONY DAWKINS TO ADDRESS THE COMMISSION REGARDING A FEE WAIVER FOR THE INNER CITY YOUTH CENTER'S PROGRAM I AT THE ORANGE BOWL ON JANUARY 14. 1995. MR. RONALD J. COHEN, FROM KLAUSNER & COHEN, P.A. TO REQUEST REIMBURSEMENT OF ATTORNEY'S FEES FOR OFFICERS THOMAS TRUJILLO AND EUGENE KOWALSKI. This item was deferred from the meeting of October 27, 1994) MS. ALICIA DEL TORO, ADMINISTRATOR FROM CATHOLIC SERVICES OF LITTLE HAVANA TO REQUEST RENEWAL OF RENTAL FEE WAIVER FOR THE OFFICE AND CLOSET SPACE OCCUPIED AT THE MANUEL ARTIME CQMMUNITY CENTER FOR ~~.vnvr~a~.n~.~. ~ va..~ na • w 1\LJ i V LI\ . J v. 1 .11 J r^..L... MS. AMY SIMONS, EXECUTIVE DIRECTOR, FROM THE COCONUT GROVE CHAMBER OF COMMERCE TO ADDRESS THE COMMISSION IN SEEKING A WAIVER TO ALLOW FOR MORE THAN TWO FESTIVALS PER MONTH IN THE COCONUT GROVE SPECIAL EVENTS DISTRICT. PAGE 23 NOVEMBER 17, 1994 R-94-821 MOVED PLUMMER SECONDED: DAWKINS ABSENT DE YURRE R-94-822 MOVED PLUMMER SECONDED: GORT ABSENT DE YURRE R-94-823 MOVED DAWKINS SECONDED: GORT UNANIMOUS R-94-824 MOVED GORT SECONDED: PLUMMER UNANIMOUS "'1 .. PAGE 24 PERSONAL APPEARANCES CONT'D NOVEMBER 17, 1994 18. FATHER RICHARD L. BARRY, CHAIRMAN OF THE BOARD DEFERRED BY FROM NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT M-94-825 CONFERENCE, INC. TO ADDRESS THE COMMISSION MOVED DE ~ YURRE REGARDING ONE OF THE CORPORATION' S PROJECTS. SECONDED : GORT UNANIMOUS 19. MS. BARBARA J. BONEY TO ADDRESS THE COMMISSION TO DISCUSSED AND REFERRED OBTAIN PERMIT TO CONTINUE TO OCCUPY SPACE FOR BACK TO A DMINISTRATION TRAVEL TRAILER FOR AN INDEFINITE TIME ON THE PROPERTY LOCATED ON 3370 THOMAS AVE. MIAMI FLORIDA. 20. MR. MANDY LLANES, PRESIDENT, FROM THE SUNSTREET R-94- 826 FESTIVAL COMMITTEE, INC. TO REQUEST FEE WAIVERS MOVED PLUMMER FOR THEIR FESTIVAL ON SATURDAY, DECEMBER 3. 1994. SECONDED : GORT ABSENT DAWKINS AND DE YURRE 21. WITHDRAWN --------- R-94-829 ------------ MOVED PLUMMER SECONDED DAWKINS UNANIMOUS END OF PERSONAL APPEARANCES NOTE: 22. 23. ,.:.~,~ ORDINANCES - EMERGENCY Items 22 through 45 may be heard in the n sequence or as announced by the Commission. EMERGENCY ORDINANCE - (J-94-909) ~4 STHS VOTE~- (NOTE: This item is being presented as an emergency on the grounds of urgent public need for the preservation of peace, health, safety and property of the City of Miami, by allowing additional resources to be dedicated to curtailing violent crime.) FSTABLISFLIl~X+ TNTTTAT. ~'S AND TNT'i*TAT. APP~~RIATIa~s FOR A SPECIAL R~ FUND Ecrrz~D "VI~.P STREE3r CRIMES TASK FORE" AMID AiTII~JRIZING ~ CITY Ta ACCEPT A GRAN'P IN ~ AMP 0~' $17,643 FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, AND TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO ACCEPT SAID GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. EMERGENCY ORDINANCE - (J-94-910) 4 STHS VOTE (NOTE: This item is being presented as an emergency so that the reimbursements can be made for the current school year) AME[~1IDING ORDIl~NCE N0. 11059, ADOPTED ON APRIL 15, 1993, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED: "DRUG ASUS'E RESISTANCE ED[rAmT~~~ ~ 20 rnx7cm~: ~ lax Tnr_u~.n.~E IN ~ AMDUN<P OF $70, 217 AS THE RESULT OF A SUCCESSFUL CGKAN'1' HYrL1l:E11.1VN FROM METROPOLITAN DARE COUNTY, AND AUTHORIZING THE CITY N~NAGER TO EXECU'T'E ANY DOCUN~.CS NECESSARY TO ACCOMPLISH THE ACCEPTANCE OF THE GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. PAGE 25 NOVEMBER 17, 1994 EMERGENCY 11197 MOVED SECONDED: UNANIMOUS EMERGENCY 11198 MOVED SECONDED: ABSENT ORDINANCE DAWKINS GORT ORDINANCE PLUMMER DAWIZINS DE YURRE ORDINANCES - SECOND READING NOTE: Any proposed ordinance listed as an item for second reading in this section may be adopted as an emergency measure, upon being so determined by the City Commission. 24. SECOND READING ORDINANCE (J-94-810) AMENDING SECTION 40-229 OF THE CODE OF THE CITY OF I A PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. DATE OF FIRST READING: OCTOBER 27, 1994 MOVED COMM PLUMMER SECOND COMM GORT ABSENT COMM DE YURRE 25. SECOND READING ORDINANCE - (J-94-$41) RELATED TO HISTORIC PRESERVATION AMENDI REQUIREMENTS FOR TERMS OF OFFICE AND REMI OF UKUIIVAIVI:t NU. l11~U, AUUI' I tU MAK~H L4, 1`!`!4; ESTABLISHING FEES FOR APPEALS OF DESIGNATIONS AND CERTIFICATES OF APPROPRIATENESS; MORE PARTICULARLY, BY AMENDING SECTIONS 62-71, 23.1-4 AND 23.1-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. DATE OF FIRST READING: OCTOBER 27, 1994 MOVED COMM PLUMMER SECOND COMM GORT VOTE UNANIMOUS PAGE 26 NOVEMBER 17, 1994 ORDINANCE 11199 MOVED PLUMMER SECONDED: GORT ABSENT DE YURRE ORDINANCE 11200 MOVED PLUMMER SECONDED: GORT UNANIMOUS ..~~., ORDINANCES - SECOND READING CONT'D 26. SECOND READING ORDINANCE (J-94-840) AMENDING THE REQUIREMENTS FOR TERMS nu. 1113Ui Huur ~ to trWKl.li L4, lyy4; MUKt PARTICULARLY BY AMENDING SECTION 62-84 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. DATE OF FIRST READING: OCTOBER 27, 1994 MOVED COMM PLUMMER SECOND VICE MAYOR DAWKINS VOTE UNANIMOUS NOTE: Item 26 is a companion item to Item 27. 27. RESOLUTION - (J-94-944) - (APPOINTING CERTAIN INDIVIDUALS) , APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS PAGE 27 NOVEMBER 17, 1994 ORDINANCE 12201 MOVED PLUMMER SECONDED: GORT UNANIMOUS R-94-830 MOVED GORT SECONDED: PLUMMER UNANIMOUS NOTE: Item 27 is a companion item to Item 26. ~t~.h 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. 28. FIRST READING ORDINANCE (J-94-941) RELATING TO CODE ENFORCEMENT, BY AMENDING CHAPTER 2. ARTICLE X. SECTIONS 2-393, 2-403, 2-404. 2-405, AND CIVIL PENALTIES FOR ONS; CONTAINING A REPEALER [CITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 29. FIRST READING ORDINANCE (J-94-901) RELATING TO CODE ENFORCEMENT, BY AMENDING CHAPTER 7 ARTTCf F X CFCTT(1N 9_3g7 (1F TNF ('(1f1F nF TNF PROVIDING A FEE SCHEDULE FOR THE MITIGATION OF ACCUMULATED FINES WHICH ARE IMPOSED BY THE CODE ENFORCEMENT BOARD; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 28 NOVEMBER 17, 1994 FIRST READING MOVED PLUMMER SECONDED: GORT UNANIMOUS FIRST READING MOVED PLUMMER SECONDED: GORT NAYS DAWKINS AND CLARK ~•~"~ ORDINANCES - FIRST READING CONT'D 30. FIRST READING ORDINANCE (J-94-952) AMENDING THE CODE OF THE CITY OF MIAMI FLORIDA, AS AMENDED THEREBY, INTER ALIA: 1 CREATING AND ESTABLISHING THE OVERTOWN ADVISORY BOARD "BOARD" ; 2 SETTING FORTH PROCEDURES FOR ELECTING MEMBERS TO THE BOARD; 3 PROVIDING FOR TERMS OF OFFICE VACANCIES AND REMOVAL OF MEMBERS; 4 PROVIDING FOR STAFF SUPPORT AND REIMBURSEMENT OF BOARD EXPENSES; 5 RE UIRING FINANCIAL DISCLOSURE; 6 ESTABLISHING THE BOARD S POWERS DUTIES AND AUTHORITY; 7 SETTING FORTH BOARD PROCEEDINGS: AND 8 RESCINDING, IN THEIR ENTIRETY, RESOLUTION NO. 82-645 AND RESOLUTION NO. 85-399; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR INCLUSION IN THE CITY CODE. PAGE 29 NOVEMBER 17, 1994 FIRST READIN©' MOVED DAWKINS SECONDED: GORT UNANIMOUS ,,..~. RESOLUTIONS Office of the City Clerk 31. RESOLUTION - (J-94-931) - (ACCEPTING THE CITY CLERK'S CERTIFICATION AND DECLARATION OF THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION) OFFICIALLY ACCEPTING THE CITY CLERK'S 1994, ATTACHED HERETO AND MADE A PART HEREOF, IN WHICH THE QUESTION OF AMENDING THE CITY CHARTER (CHARTER AMENDMENT N0. 1) TO AMEND AND DELETE PROVISIONS REGARDING PROPOSED PROJECTS IMPROVING OR DISPOSING OF ALL CITY PROPERTY BY: ELIMINATING THREE PROPOSAL SUBMISSION AND REFERENDUM REQUIREMENTS FOR PROJECT APPROVAL; ESTABLISHING PROPOSER PREQUALIFICATION, EVALUATION, APPROVAL AND PROTEST PROCEDURES; PROHIBITING PROJECTS PROVIDING CITY LESS THAN FAIR MARKET VALUE, EXCEPT PROJECTS OF COMMUNITY-BASED ORGANIZATIONS AND EXISTING EXEMPTIONS; AUTHORIZING THE CITY COMMISSION TO AMEND EXISTING OR FUTURE CONTRACTS, AFTER AN ADVERTISED PUBLIC HEARING, WAS [APPROVED/DISAPPROVED] BY THE ELECTORATE. PAGE 30 NOVEMBER 17, 1994 R-94-831 MOVED DAWKINS SECONDED: PLUMMER UNANIMOUS .:.:,~ RESOLUTIONS CONT'D Department of Development and Housing Conservation 32. RESOLUTION - (J-94-848) - (AUTHORIZING THE C ITY MANAGER TO ENTER INTO AN AGREEMENT) AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH GLADYS RIDD & ASSOCIATES INC. (FEMALE LOCAL), IN AN AMOUNT NOT TO EXCEED SEVENTEEN THOUSAND DOLLARS ($17,000) FOR PROFESSIONAL AND TECHNICAL SERVICES TO BE RENDERED FOR THE PRODUCTION OF THE DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION'S "HOUSING MASTERPLAN"; FURTHER ALLOCATING FUNDS THEREFOR FROM THE BUDGETED FUNDS OF THE DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION. (This item was deferred from the meeting of October 27, 1994) 33. RESOLUTION - (J-94-121) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL INTERLOCAL COOPERATION AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL INTERLOCAL COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH METROPOLITAN DADE COUNTY, THEREBY MODIFYING A PREVIOUSLY AUTHORIZED INTERLOCAL AGREEMENT, PURSUANT TO RESOLUTION N0. 88-888, FOR THE IMPLEMENTATION OF THE OMNI AREA COMMUNITY REDEVELOPMENT DISTRICT IN ACCORDANCE WITH CHAPTER 163, FLORIDA STATUTES, TO ESTABLISH RESPONSIBILITIES. RELATIVE TO THE (This item was deferred from the meeting of October 27, 1994} PAGE 31 NOVEMBER 17, 1994 R-94-832 MOVED DAWKINS SECONDED: GORT UNANIMOUS R-94-833 (AS MODIFIED) MOVED : PLUMMER SECONDED: GORT UNANIMOUS .,.` ,, RESOLUTIONS CONT'D 34. RESOLUTION - (J-94-903) - (AUTHORIZING THE CITY MANAGER TO ACCEPT A HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM GRANT) AUTHORIZING THE CITY MANAGER TO ACCEPT A HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM GRANT IN THE AMOUNT OF $5,155,000 FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACTS AND AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR IMPLEMENTATION OF SAID PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE SAID FUNDS AND TO ENTER INTO AGREEMENTS, TN A FORM ~ ACCEPTABLE TO THE CITY ATTORNEY, WITH AGENCIES AND METROPOLITAN DADE COUNTY FOR THE PROVISION OF SERVICES TO PERSONS WITH AIDS, SUBJECT TO CITY COMMISSION APPROVAL AND APPLICABLE CITY CODE PROVISIONS. NOTE: Item 34 is a companion item to Item 35. 35. FIRST READING ORDINANCE (J-94-904) ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) GRANT PROGRAM (FY 1994)", AND APPROPRIATING FUNDS FOR THE SAME IN THE AMOUNT OF $5,155,000 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE 1994 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. PAGE 32 NOVEMBER 17, 1994 R-94-834 MOVED PLUMMER SECONDED: GORT UNANIMOUS FIRST READING MOVED PLUMMER SECONDED: DE YURRE UNANIMOUS NOTE: Item 35 is a companion item to Item 34. RESOLUTIONS CONT'D 36. RESOLUTION - (J-94-953) - (AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT OF PURCHASE & SALE) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT OF PURCHASE & SALE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR CERTAIN PROPERTIES LOCATED NORTH OF THE LYRIC THEATER IN THE MIAMI AND STEPHEN R. BONBON, FOR A TOTAL PURCHASE PRICE OF $239 134.40 (PLUS PAYMENT OF THE 1993 TAXES OF 3,045.29, AN OUTSTANDING DEMOLITION LIEN OF $3,584.67, AND THE SELLER'S PORTION OF THE DOCUMENTARY STAMP TAX); ALLOCATING FUNDS THEREFOR FROM INDEX CODE N0. 550108, PROJECT N0. 68900]., ENTITLED "SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT TRUST FUND", FOR THE PURPOSE OF DEVELOPMENT OF THE SOUTHEAST OVERTOWN/ PARK WEST REDEVELOPMENT PROJECT; FURTHER AUTHORIZING THE CITY ATTORNEY TO TAKE THE NECESSARY ACTIONS TO CLOSE THE TRANSACTION WITH THE SELLER AS EARLY A PRACTICABLE. Department of Fire-Rescue 37. RESOLUTION - (J-94-861) - (RATIFYING, APPROVING AND CONFIRMING THE ACTIONS OF THE CITY MANAGER) RATIFYING, APPROVING AND CONFIRMING THE ACTIONS OF THE CITY MANAGER IN DECLARING THE REPLACEMENT OF THE ROOFS AT FIRE STATIONS NO. 2 AND NO. 5 TO BE AN EMERGENCY AND IN AWARDING A CONTRACT TO J. VALIENTE, INC., (HISPANIC LOCAL) UNDER BID HA94-3R, PACKAGE G, IN THE PROPOSED AMOUNT OF $51,854 FOR SAID REPLACEMENTS; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT N0. 313018, ENTITLED "RENOVATION OF FIRE STATIONS AND OLD DRILL TOWER", AS PREVIOUSLY APPROPRIATED BY CAPITAL IMPROVEMENT PROJECTS ORDINANCE N0. 11139, AS AMENDED, TO COVER THE CONTRACT COSTS. (This item was deferred from the meeting of October 27, 1994) PAGE 33 NOVEMBER 11, 1994 R-94-835 MOVED SECONDED: UNANIMOUS R-94-836 MOVED . SECONDED: NAYS DAWKINS PLUMMER DAWKINS CLARK PLUMMER RESOLUTIONS CONT'D '. Department of Law 38. RESOLUTION - (J-94-798) - (AUTHORIZING PAYMENT) AUTHORIZING PAYMENT, IN THE AMOUNT OF $12,800, TO THE LAW FIRM OF SWEETAPPLE, BROEKER, VARGAS, P.A., FnR I_EGAI_ SERVICES RENDERED IN CONNECTION WITH THE ! IlG ~.f1J1.L v~ ~. ~ ~~ ~ nan vvnvnn ~.. ..~. '; APARTMENTS" VS. THE CITY OF MIAMI, CASE N0. 93- 1469 CIV-NESBITT, IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, MIAMI ~, DIVISION; ALLOCATING FUNDS THEREFOR FROM THE BUDGETED FUNDS OF THE NUISANCE ABATEMENT BOARD. (This item was deferred from the meeting of October 27, 1994) 39. RESOLUTION - (J-94-855) - (ALLOCATING AN AMOUNT NOT TO EXCEED $30,000) ALLOCATING AN AMOUNT NOT TO EXCEED $30,000 FROM i FISCAL YEAR 1994-1995 BUDGETED FUNDS OF THE PLANNING, BUILDING AND ZONING DEPARTMENT, ACCOUNT N0. 560602-250-421001, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CODE ENFORCEMENT BOARD. (This item was deferred from the meeting of October 27, 1994) PAGE 34 NOVEMBER 17, 1994 R-94-837 MOVED PLUMMER SECONDED DAWKINS UNANIMOUS R-94-838 MOVED DE YURRE SECONDED DAWKINS UNANIMOUS RESOLUTIONS CONT'D 40. RESOLUTION - (J-94-879) - (AUTHORIZING SETTLEMENT) AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ABILIO CAMPOS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROLANDO RIVERO, DECEASED, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $115,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI (INCLUDING ITS AGENTS, SERVANTS, AND EMPLOYEES), UPON THE EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND. PAGE 35 NOVEMBER 17, 1994 R-94-839 ~~ MOVED : DAWKINS SECONDED: PLUMMER UNANIMOUS RESOLUTIONS CONT'D Department of Polfce 41. RESOLUTION - (J-94-927) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S WRITTEN FINDING THAT A VALID PUBLIC EMERGENCY MAY EXIST (4/STNS VOTE) WAIVING FORMAL COMPETITIVE BIDS AND SELECTION PROCEDURES FOR THE ACQUISITION MATERIALS AS MAY BE REQUIRED BY THE MIAMI POLICE DEPARTMENT TO MEET THE IMMEDIATE NEEDS OF THE CITY OF MIAMI AND THE COMMUNITY DURING THE 1994 WESTERN HEMISPHERIC SUMMIT OF THE AMERICAS ("SUMMIT") DURING THE MONTH OF DECEMBERL RATIFYING APPROVING AND CONFIRMING THE CITY MANAGER'S ACTIONS AS MAY BE RE UIRED IN THE EVENT A VALID PUBLIC EMERGENCY E%TST JUSTiFYiNG SUCH WAIVERS; AUTHORIZING THE CITY MANAGER TO ACCEPT THE MOST REASONABLE, RESPONSIVE AND RESPONSIBLE BIDS FOR NECESSARY SERVICES, EQUIPMENT, GOODS AND~OR MATERIALS ASSOCIATED WITH SAID ACTIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID SERVICES, EQUIPMENT, GOODS AND/OR MATERIALS AS MAY BE REQUIRED FOR SAID PURPOSE; PROVIDING THAT THE CITY MANAGER BE PERMITTED TO PROCEED WITHOUT EXPRESS. CITY COMMISSION APPROVAL IN HIS EXECUTION OF SUCH AGREEMENTS, CONTRACTS AND/OR PURCHASE ORDERS, AND IN HIS EXPENDITURE OF MONIES I FOR SAID AGREEMENTS, CONTRACTS AND/OR PURCHASE ORDERS AS MAY BE NEEDED UPON FINDING OF A VALID PUBLIC EMERGENCY, IN CONJUNCTION WITH SAID SUMMIT WHERE EACH SUCH AGREEMENT, CONTRACT AND/OR PURCHASE ORDER DOES NOT EXCEED $150,000; INSTRUCTING THE CITY MANAGER TO SUBMIT TO EACH CITY COMMISSIONER A COPY OF EACH AGREEMENT, CONTRACT AND/OR PURCHASE ORDER ., ISSUED PURSUANT TO THIS RESOLUTION THE ,,..SAME DAY SAID AGREEMENT, CONTRACT AND/OR PURCHASE ORDER IS EXECUTED BY HIM. PAGE 36 NOVEMBER 17, 1994 R-94-840 MOVED DAWKINS SECONDED: PLUMMER UNANIMOUS 42. RESOLUTIONS CONT'D Department of Public Works RESOLUTION - (J-94-702) - (ACCEPTING BID) ACCEPTING THE BID OF ROYAL ENGINEERING CONSTRUCTION, INC. (HISPANIC LOCAL VENDOR) IN THE AMOUNT OF $223,950, TOTAL BID OF THE PROPOSAL, FOR "CITYWIDE SIDEWALK REPLACEMENT PROJECT-PHASE 5 (SECOND BIDDING) B-4558"; ALLOCATING FUNDS THEREFOR FROM PROJECT N0. 341175, AS APPROPRIATED BY THE FISCAL YEAR 1993-94 CAPITAL IMPROVEMENT ORDINANCE N0. 11139, AS AMENDED, IN THE AMOUNT OF $223,950 TO COVER THE CONTRACT COST AND $27,197 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $251,147; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. 43. RESOLUTION - (J-94-919) - (ACCEPTING BID) ACCEPTING THE BID OF BRANCHING OUT, INC. (NON-MINORITY/DADE COUNTY VENDOR) IN THE PROPOSED AMOUNT OF~235_, 37.8, TOTAL BID OF THE PROPOSAL, FOR "ABOVE GROUND TANK INSTALLATIONS - PHASE TWO B-5579(Y)"; ALLOCATING FUNDS THEREFOR FROM PROJECT N0. 311009, AS APPROPRIATED BY THE FISCAL YEAR 1993-94 CAPITAL IMPROVEMENT ORDINANCE N0. 11139, AS AMENDED, IN THE AMOUNT OF $235,378 TO COVER THE CONTRACT COST AND $34,430 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $269,808; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. PAGE 31 NOVEMBER 11, 1994 R-94-841 MOVED SECONDED: UNANIMOUS R-94-842 MOVED SECONDED: UNANIMOUS PLUMMER DAWKINS DAWKINS PLUMMER 44. RESOLUTIONS CONT'D RESOLUTION - (J-94-917) - (ACCEPTING BID) ACCEPTING THE BID OF REBUILD CONSTRUCTION INC., (HISPANIC DADE COUNTY VENDOR) IN THE PROPOSED AMOUNT $146,662, TOTAL BID OF THE PROPOSAL, FOR "DORSEY PARR REHABILITATION- RECREATION BUILDING B-6201-A"; WITH MONIES THEREFOR ALLOCATED FROM PROJECT N0. 331357 AS APPROPRIATED BY THE FISCAL YEAR 1993-94 CAPITAL IMPROVEMENT ORDINANCE N0. 11139, AS AMENDED, IN THE AMOUNT OF $146,662 TO COVER THE CONTRACT COST AND $23,293 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $169,955 AND AUTHORTZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. PAGE 38 NOVEMBER 17, 1994 R-94-843 ~~ MOVED DE YURRE SECONDED DAWKINS UNANIMOUS 45. WITHDRAWN SPECIALLY SCHEDULED ITEM 6:00 P.M. Department of Planning, Building and Zoning 46. RESOLUTION - (J-94-$43) - (APPROVING THE FINDINGS) APPROVING THE FINDINGS _OF THE COMPETITIVE THE COCONUT GROVE PLANNING 5TUU1f; HU I HUK1L11VG ~ Fit CITY MANAGER OR HIS DESIGNEE TO UNDERTAKE NEGOTIATIONS WITH THE MOST QUALIFIED TEAMS, IN RANK ORDER, UNTIL HE ARRIVES AT AN AGREEMENT WHICH IS FAIR, COMPETITIVE AND REASONABLE, AND FURTHER - DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,. TO THE CITY COMMISSION FOR ITS RATIFICATION AND APPROVAL. (Continued from City ~~ Commission Meeting 10/27/94) TEAMS WILL PRESENT IN RECOMMENDED RANK ORDER (3- MINUTES) AS FOLLOWS: 1. ANDRES DUANY AND ELIZABETH PLATER-ZYBERK TEAM 2. WALLACE ROBERTS AND TODD INC. TEAM 3. BERMELLO AJAMIL & PARTNERS, INC. TEAM 4. JOSEPH MIDDLEBROOKS AND ASSOCIATES INC. TEAM (INVITED) PAGE 39 NOVEMBER 17, 1994 t-94-857 MOVED CLARK SECONDED GORT 7NANIMOUS SUPPLEMENTAL AGENDA PRESENTATIONS Commission Meeting = November 17, 1994 No appearance. Commendation to: Officer Jose Alfonso for having been selected the Most Outstanding Officer for the rionth of August 1994. Presented. Dr . Dawkins will present Mayor Stephen P . Clark with a plaque for his support of the OIC Silver Anniversary Celebration. Presented. Gifts to the City of Miami from the City of Kagashima, Japan.