HomeMy WebLinkAboutCC 2004-09-23 AgendaCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Agenda
Thursday, September 23, 2004
9:00 AM
PLANNING AND ZONING
City Hall Commission Chambers
City Commission
Manuel A. Diaz, Mayor
Joe Sanchez, Chairman
Angel Gonzalez, Vice Chairman
Johnny L. Winton, Commissioner District Two
Tomas Regalado, Commissioner District Four
Joe Arriola, City Manager
Jorge L. Fernandez, City Attorney
Priscilla A. Thompson, City Clerk
City Commission
Meeting Agenda September 23, 2004
ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE NO.
11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE
CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS,
AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE
IN THE OFFICE OF THE CITY CLERK, CITY HALL.
PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY
VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS
FOLLOWING THE COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO
OCCURS, OVERRIDE SUCH VETO BY A FOUR -FIFTHS VOTE OF THE COMMISSIONERS THEN
PRESENT.
ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES
BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER
AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION
TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY
VOTE OF THE COMMISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING
OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER
REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE
COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO
QUIETLY.
THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND
THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS
AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY
CLERK IN CITY HALL.
ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING
IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC
HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS
POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY
CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD
APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER.
* * * * * * * * * * * * * * * * * * * * * * *
Formal action may be taken on any item discussed or added to this Agenda. Any person, or
persons, wishing to appeal any decision made by the City Commission with respect to any
matter considered at this meeting or hearing, will require a verbatim record of the proceeding
upon which the appeal is based. Any person with a disability requiring auxiliary aids and
services for meetings may call the City Clerk's Office, 250-5360, with requests at least two
business days before the meeting date.
* * * * * * * * * * * * * * * * * * * * * * * *
The City Commission has established a policy that the lunch recess will begin at the
conclusion of deliberations of the agenda item being considered at Noon; further, that
Commission meetings will adjourn at the conclusion of deliberations on the agenda item being
considered at 9:00 PM. (Resolution No. 87-115)
City ofMiami Page 2 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
CONTENTS
Items may be heard in the numbered
sequence or as announced by the Commission
PR - PRESENTATIONS AND PROCLAMATIONS Page 3
MV - MAYORAL VETOES Page 3
AM - APPROVING MINUTES Pages 3-4
CA - CONSENT AGENDA Pages 5-13
Item 1 which is comprised of items CA.1 through CA.18 may be heard
in the number sequence or as announced by the Commission
PA - PERSONAL APPEARANCES Pages 14-20
M - MAYOR'S ITEMS
D1 - DISTRICT 1 ITEMS
D2 - DISTRICT 2 ITEMS
D3 - DISTRICT 3 ITEMS
D4 - DISTRICT 4 ITEMS
D5 - DISTRICT 5 ITEMS
PH - PUBLIC HEARINGS Pages 22-41
TIME CERTAIN
3:00 P.M. - PH.9 - Transfer of CDBG Funds to District 5 Reserve
3:00 P.M. - PH.10 - Transfer of CDBG Funds to Little Havana Homeownership Trust
3:00 P.M. - PH.11 - Transfer of 29th Year CDBG Funds
3:00 P.M. - PH.12 - Development Impact Fees
SR - SECOND READING ORDINANCES Pages 42-44
RE - RESOLUTIONS Pages 45-61
BC - BOARDS AND COMMITTEES Pages 62-65
DI - DISCUSSION ITEMS Pages 66-68
City ofMiami Page 3 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
PART B
PZ - PLANNING AND ZONING ITEMS Pages 69-91
The Planning and Zoning items shall not be considered before 2:30 pm.
TIME CERTAIN
3:00 PM - PZ.3 - Major Use Special Permit - Ocean Palace
City ofMiami Page 4 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
PRESENTATIONS AND PROCLAMATIONS
MAYORAL VETOES
(Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be
placed by the city clerk as the first substantive item(s) for the commission consideration.)
APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
Planning and Zoning Meeting of May 23, 2002
Planning and Zoning Meeting of June 24, 2004
ORDER OF THE DAY
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.18 constitute the Consent Agenda. These resolutions are
self-explanatory and are not expected to require additional review or discussion. Each item will be
recorded as individually numbered resolutions, adopted unanimously by the following motion.
"...that the Consent Agenda comprised of items CA.1 through CA.18 be adopted..."
The Presiding Officer or City Clerk shall state the following: "Before the vote on adopting items
included in the Consent Agenda is taken, is there anyone present who is an objector or proponent
that wishes to speak on any item in the Consent Agenda. Hearing none, the vote on the adoption of
the Consent Agenda will now be taken.
CA.1 04-00992 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE BID OF MEF CONSTRUCTION, INC.,
FOR THE PROJECT ENTITLED "CITYWIDE SIDEWALK EMERGENCY
REPAIRS, B-43118," IN THE PROPOSED AMOUNT NOT TO EXCEED
$121,900; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS
PROJECT ACCOUNT NO. 341330, IN THE AMOUNT NOT TO
EXCEED$121,900, FOR CONTRACT COSTS PLUS $21,225, FOR
ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL
PROJECT COSTS NOT TO EXCEED $143,125, AS SET FORTH ON THE
TABULATION OF BIDS DOCUMENT AND THE DEPARTMENT OF PUBLIC
WORKS FACT SHEET, ATTACHED AND INCORPORATED;
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT.
CA.2 04-01018 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A
Parks and NEW SPECIAL REVENUE FUND ENTITLED: "THE CHILDREN'S TRUST
Recreation GRANT" TO FUND THE DEPARTMENT OF PARKS AND RECREATION'S
HEART OF OUR PARKS YEAR ROUND RECREATION, CULTURAL AND
CORE EDUCATIONAL OUT -OF -SCHOOL TIME PROGRAMS AT JUAN
City ofMiami Page 5 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
PABLO DUARTE PARK, LEGION MEMORIAL PARK, MOORE PARK,
ATHALIE RANGE PARK AND SHENANDOAH PARK, CONSISTING OF A
GRANT FROM THE CHILDREN'S TRUST, IN THE AMOUNT OF $500,000,
WITH MATCHING FUNDS, IN THE AMOUNT OF $463,384 FROM THE
CITY OF MIAMI, FOR A TOTAL APPROPRIATION AMOUNT OF $963,384;
ALLOCATING SAID MATCHING FUNDS FROM THE BUDGETS OF
VARIOUS AGENCIES AND THE PARKS AND RECREATION GENERAL
FUND; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANT.
CA.3 04-01019 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A
Parks and NEW SPECIAL REVENUE FUND ENTITLED: "THE DEPARTMENT OF
Recreation EDUCATION GRANT" FOR THE PURPOSE OF PROVIDING ADULT
LITERARY, PARENTING SKILLS, AND OTHER FAMILY AND INDIVIDUAL
EDUCATIONAL SERVICES FOR THE OVERTOWN NEIGHBORHOOD
TARGET POPULATION, WITH SAID PROGRAMS TO BE OPERATED
FROM GIBSON PARK, CONSISTING OF A GRANT FROM THE STATE OF
FLORIDA DEPARTMENT OF EDUCATION, ADULT EDUCATION AND
FAMILY ACT PROGRAM, IN THE AMOUNT OF $50,000;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
IMPLEMENT ACCEPTANCE OF SAID GRANT.
CA.4 04-01020 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Police USE OF MIAMI-DADE COUNTY FACILITIES FOR FUELING CITY OF MIAMI
VEHICLES, FOR THE DEPARTMENT OF POLICE, IN THE AMOUNT NOT
TO EXCEED $2,046,500, AND FOR THE GENERAL SERVICES
ADMINISTRATION ("GSA"), IN AN AMOUNT NOT TO EXCEED $35,000,
ON AN AS -NEEDED CONTRACT BASIS, UNDER THE SAME
ESTABLISHED CONTRACTUAL TERMS AND CONDITIONS AGREED TO
IN THE LETTER OF UNDERSTANDING, DATED JULY 13, 1994, SUBJECT
TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS, BY
MIAMI-DADE COUNTY; ALLOCATING FUNDS IN THE AMOUNT NOT TO
EXCEED $2,046,500, FOR FISCAL YEAR 2004-2005, FROM THE
GENERAL OPERATING BUDGET OF THE DEPARTMENT OF POLICE,
AND AN AMOUNT NOT TO EXCEED $35,000, FOR FISCAL YEAR
2004-2005, FROM THE GENERAL OPERATING BUDGET OF THE GSA,
WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO
BUDGETARY APPROVAL.
CA.5 04-01021 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Fire Rescue ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER APPROVING THE FINDINGS OF THE EVALUATION
COMMITTEE, ACCEPTING THE PROPOSAL OF MERCY MEDICAL
DEVELOPMENT D/B/A MERCY OUTPATIENT CENTER TO PERFORM
FIRE -RESCUE ANNUAL PHYSICAL EXAMINATION SERVICES FOR
DESIGNATED PERSONNEL, FOR THE DEPARTMENT OF EMPLOYEE
City ofMiami Page 6 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
RELATIONS, AT AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED
$603,500, WITH INCREASES NOT TO EXCEED FIVE PERCENT (5%) FOR
EACH RENEWABLE PERIOD, FOR AN ESTIMATED TOTAL CONTRACT
AMOUNT NOT TO EXCEED $3,862,520; ALLOCATING FUNDS FROM THE
GENERAL OPERATING BUDGET OF THE DEPARTMENT OF
FIRE -RESCUE, ACCOUNT CODE NOS. 001000.280401.6.260 AND
001000.280601.6.260; REQUIRING PRIOR CITY COMMISSION
APPROVAL FOR ANY CONTRACT AMOUNTS EXCEEDING FIVE
PERCENT (5%) FOR EACH RENEWABLE PERIOD; AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL
SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
FOR SAID PURPOSE.
CA.6 04-01022 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Police ATTACHMENT(S), AUTHORIZING THE PURCHASE OF POLICE SERVICE
DOGS, FOR THE DEPARTMENT OF POLICE, ON A SPOT MARKET,
AS -NEEDED CONTRACT BASIS, WITH THE PRE -QUALIFIED VENDORS
LISTED ON "ATTACHMENT A," ATTACHED AND INCORPORATED, AS
MAY BE AMENDED THROUGHOUT THE TERM OF THE CONTRACT, FOR
A TWO-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR AN
ADDITIONAL ONE-YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO
EXCEED $24,000, FOR A TOTAL CONTRACT AWARD AMOUNT NOT TO
EXCEED $72,000; ALLOCATING FUNDS FROM THE POLICE GENERAL
OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.875.
CA.7 04-01023 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER APPROVING THE FINDINGS OF THE EVALUATION
COMMITTEE, ACCEPTING THE PROPOSAL OF MERCY MEDICAL
DEVELOPMENT D/B/A MERCY OUTPATIENT CENTER ("MERCY") TO
PERFORM SWORN POLICE ANNUAL PHYSICAL EXAMINATION
SERVICES FOR DESIGNATED PERSONNEL, FOR THE DEPARTMENT
OF EMPLOYEE RELATIONS, FOR A TWO-YEAR PERIOD WITH THE
OPTION TO RENEW FOR TWO ADDITIONAL TWO-YEAR PERIODS, AT
AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $415,240, WITH
INCREASES NOT TO EXCEED FIVE PERCENT (5%) FOR EACH
RENEWABLE PERIOD FOR AN ESTIMATED TOTAL CONTRACT
AMOUNT OF $2,757,536; ALLOCATING FUNDS FROM THE GENERAL
OPERATING BUDGET OF THE DEPARTMENT OF POLICE, ACCOUNT
CODE NO. 001000.290201.6.260; REQUIRING CITY COMMISSION
APPROVAL FOR FURTHER INCREASES; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH MERCY, FOR SAID
SERVICES.
CA.8 04-01024 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
CITY MANAGER'S RECOMMENDATION APPROVING THE FIRST
FINDING OF THE EVALUATION COMMITTEE TO ACCEPT THE
City ofMiami Page 7 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
PROPOSAL OF MERCY MEDICAL DEVELOPMENT D/B/A MERCY
OUTPATIENT CENTER ("MERCY') TO PERFORM THE FOLLOWING
EMPLOYMENT DRUG SCREENING SERVICES FOR PART I: (A)
COLLECTION FACILITY, (B) DRUG TESTING FACILITY, AND (C) MRO
SERVICES AND THE FOLLOWING PART II SWORN FIRE DRUG
SCREENING SERVICES: (A) COLLECTION FACILITY, (B) DRUG TESTING
FACILITY, AND (C) MRO SERVICES, FOR DESIGNATED PERSONNEL,
FOR THE DEPARTMENT OF EMPLOYEE RELATIONS ("EMPLOYEE
RELATIONS"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT")
WITH MERCY, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A
TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO
ADDITIONAL ONE-YEAR PERIODS, AT AN ESTIMATED ANNUAL COST
NOT TO EXCEED $30,000, WITH A COST INCREASE NOT TO EXCEED
TEN PERCENT (10%) EFFECTIVE ONLY DURING THE FIRST ONE-YEAR
OPTIONAL PERIOD OF THE CONTRACT WITH NO COST INCREASES
FOR THE SECOND OPTIONAL PERIOD, FOR AN ESTIMATED TOTAL
CONTRACT AMOUNT NOT TO EXCEED $123,000; FURTHER
ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO
APPROVE THE SECOND FINDING OF THE EVALUATION COMMITTEE
TO ACCEPT THE PROPOSAL OF PREVENTIVE MEDICINE TESTING
CENTERS INC. D/B/A GLOBAL MRO ("GLOBAL") SERVICES
FOR PART III, DOT ALCOHOL AND CONTROLLED SUBSTANCES
TESTING: (A) COLLECTION FACILITY, (B) DRUG TESTING FACILITY,
AND (C) MRO SERVICES AND PART IV, SWORN POLICE DRUG
SCREENING SERVICES: (A) COLLECTION FACILITY, (B) DRUG
TESTING FACILITY AND (C) MRO SERVICES, FOR DESIGNATED
PERSONNEL, FOR EMPLOYEE RELATIONS, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH
GLOBAL, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A
TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO
ADDITIONAL ONE-YEAR PERIODS, AT AN ESTIMATED ANNUAL COST
NOT TO EXCEED $67,375, WITH A COST INCREASE NOT TO EXCEED
TEN PERCENT (10%) EFFECTIVE ONLY DURING THE FIRST ONE-YEAR
OPTIONAL PERIOD OF THE CONTRACT WITH NO COST INCREASES
FOR THE SECOND OPTIONAL PERIOD, FOR AN ESTIMATED TOTAL
CONTRACT AMOUNT NOT TO EXCEED $276,237.50; ALLOCATING
FUNDS, FROM THE GENERAL OPERATING BUDGETS OF THE
DEPARTMENT OF EMPLOYEE RELATIONS, ACCOUNT CODE NO.
001000.270101.6.260, DEPARTMENT OF FIRE -RESCUE, ACCOUNT
CODE NO. 001000.280401.6.260, AND THE DEPARTMENT OF POLICE,
ACCOUNT CODE NO. 001000.290201.6.260.
CA.9 04-01025 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
MARKETING PARTNERSHIP AGREEMENT ("MPA"), IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND
CARDIAC SCIENCE, INC., ("CARDIAC SCIENCE"), UTILIZING AN
EXISTING CONTRACT, PURSUANT TO REQUEST FOR PROPOSALS
City ofMiami Page 8 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
("RFP") NO. 4318-01-Y FROM THE CITY OF SAN DIEGO, CALIFORNIA,
TO ENHANCE AND EXPAND THE CITY OF MIAMI'S PUBLIC ACCESS
DEFIBRILLATION ("PAD") PROGRAM FOR CITYWIDE USE, FOR AN
INITIAL ONE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR FOUR
ADDITIONAL ONE-YEAR PERIODS; ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "PUBLIC ACCESS DEFIBRILLATION ("PAD")
PROGRAM;" APPROPRIATING SAID FUND WITH GENERATED
REVENUE FROM THE OPERATION OF SAID PROGRAM, IN
ACCORDANCE WITH THE MARKETING PARTNERSHIP PROGRAM
("MPP") TO SUPPORT EXISTING AND ADDITIONAL FACILITIES,
PROJECTS, PROGRAMS AND ACTIVITIES FROM CARDIAC SCIENCE,
INC., AND OTHER PAD RELATED FUNDING SOURCES; FURTHER
AUTHORIZING THE CITY MANAGER TO EXPEND MONIES FROM THE
FUND FOR THE DEVELOPMENT AND OPERATIONS OF SAID
PROGRAM; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
City ofMiami Page 9 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
CA.10 04-01027 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
FLORIDA, POWER AND LIGHT, THE TOP -RANKED FIRM IN RESPONSE
TO REQUEST FOR QUALIFICATIONS NO. 01-02-224, PURSUANT TO
RESOLUTION NO. 03-250, ADOPTED MARCH 27, 2003, TO PROVIDE
ENERGY PERFORMANCE SAVINGS SERVICES FOR AN INITIAL
TEN-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR ONE
ADDITIONAL FIVE-YEAR PERIOD.
CA.11 04-01028 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING AN INCREASE IN THE PROFESSIONAL
SERVICES AGREEMENT ("AGREEMENT") WITH MILIAN,
SWAIN & ASSOCIATES, INC., PREVIOUSLY APPROVED BY
RESOLUTION NO. 99-198, ADOPTED MARCH 23, 1998, IN AN AMOUNT
NOT TO EXCEED $23,347, INCREASING THE AMOUNT FROM
$239,900 TO $263,247, FOR ADDITIONAL WORK REQUIRED FOR THE
PROJECT ENTITLED "LUMMUS LANDING - RIVERSIDE RIVERFRONT
REDEVELOPMENT PROJECT, B-30286," FORMERLY KNOWN AS
B-3286; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL
IMPROVEMENT PROJECT NO. 322064, ENTITLED "RIVERSIDE
RIVERFRONT REDEVELOPMENT PROJECT;" AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM; AND AMENDING RESOLUTION
NO. 99-198 TO REFLECT SAID INCREASE.
City ofMiami Page 10 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
CA.12 04-01029 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN
INCREASE IN THE CONTRACT AWARDED TO ROBERT WEINREB,
PREVIOUSLY APPROVED FOR ONE YEAR BY RESOLUTION NO.
03-1211 ADOPTED DECEMBER 18, 2003, IN AN AMOUNT NOT TO
EXCEED $49,500, INCREASING THE CONTRACT FROM $49,500 TO
$56,450 FOR PROJECT MANAGEMENT OF THE BICENTENNIAL PARK
REDEVELOPMENT PROJECT, PRIMARY CONSULTANT TO THE
VIRGINIA KEY REDEVELOPMENT PROJECT, AND LIAISON FOR THE
CHIEF OF OPERATIONS ON SPECIAL PROJECTS; REPORTING TO THE
CITY MANAGER FROM THE EFFECTIVE DATE OF THIS RESOLUTION
UNTIL SEPTEMBER 30, 2005, PAYABLE MONTHLY, WITH AN OPTION
TO RENEW THE CONTRACT FOR AN ADDITIONAL THREE (3) YEARS,
REFLECTING A COST OF LIVING ADJUSTMENT (COLA) INCREASE OF
5% EACH YEAR; INCLUDING REIMBURSABLE TRAVEL EXPENSES TO
BE INCURRED BY THE CITY THAT SHALL CONFORM TO THE
LIMITATIONS SET FORTH IN FLORIDA STATUTE 112.061 (2003); AND
FUNDED BY CAPITAL IMPROVEMENTS PROGRAM PROJECT NO.
344102 ENTITLED "DEVELOPMENT PROJECTS -CONSULTANTS,"
CONTINGENT ON THE AVAILABILITY OF FUNDS, AND OTHER
INDIVIDUAL CAPITAL IMPROVEMENT PROJECTS AND OTHER
ACCOUNTS THAT HAVE BEEN APPROPRIATED, AND THAT MAY BE
ADJUSTED BY THE CITY COMMISSION IN THE ANNUAL
APPROPRIATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS
ORDINANCES.
CA.13 04-01030 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
PURCHASE OF CELLULAR AND PAGING EQUIPMENT AND SERVICE, IN
AN AMOUNT NOT TO EXCEED $80,000, FROM VARIOUS VENDORS FOR
VARIOUS USER DEPARTMENTS AND AGENCIES, ON AN AS -NEEDED
CONTRACT BASIS, UTILIZING EXISTING STATE OF FLORIDA
CONTRACT NO. 725-000-03-1, EFFECTIVE THROUGH DECEMBER 19,
2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS
BY THE STATE OF FLORIDA; ALLOCATING FUNDS, IN AN AMOUNT NOT
TO EXCEED $80,000, FOR THE CURRENT FISCAL YEAR (FY 2003-2004)
FROM THE OPERATING BUDGETS OF VARIOUS AGENCIES AND USER
DEPARTMENTS, WITH FUNDING FOR FUTURE FISCAL YEARS
SUBJECT ONLY TO BUDGETARY APPROVAL.
City ofMiami Page 11 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
CA.14 04-01032 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CONTINUED ENGAGEMENT OF THE LAW OFFICES OF ROBERT S.
GLAZIER FOR REPRESENTATION OF THE CITY OF MIAMI IN VARIOUS
APPELLATE MATTERS IN AN AGGREGATE AMOUNT NOT TO EXCEED
$25,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY;
ALLOCATING FUNDS FROM VARIOUS SELF-INSURANCE AND
INSURANCE TRUST FUND ACCOUNTS.
CA.15 04-01033 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CONTINUED ENGAGEMENT OF THE LAW OFFICES OF OSCAR E.
MARRERO FOR REPRESENTATION OF FORMER POLICE DETECTIVES
JAMES E. BOONE AND BRUCE CHARLES ROBERSON IN THE CASE OF
JERRY FRANK TOWNSEND VS. CITY OF MIAMI, ETC., ET AL, IN THE
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF
FLORIDA, CASE NO. 03-21072-CIV-JORDAN, IN AN AMOUNT NOT TO
EXCEED $25,000, PLUS COSTS AS APPROVED BY THE CITY
ATTORNEY; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661,
FOR SAID SERVICES.
CA.16 04-01036 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
ENGAGEMENT OF THE LAW FIRM OF WEISS SEROTA HELFMAN
PASTORIZA & GUEDES, P.A., FOR REPRESENTATION OF THE CITY OF
MIAMI IN THE CIVIL SERVICE GRIEVANCE CASE NO. 02-03G, IN AN
AMOUNT NOT TO EXCEED $50,000, PLUS COSTS AS
APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE
NO. 515001.624401.6.661, FOR SAID SERVICES.
CA.17 04-01026 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN
THE CITY OF MIAMI ("CITY") AND FIRST UNION BANK OF FLORIDA,
PURSUANT TO RESOLUTION NO. 01-1140, ADOPTED OCTOBER 25,
2001, BY ASSIGNING SAID AGREEMENT TO WACHOVIA
CORPORATION; AND GRANTING AN EXTENSION OF THE AGREEMENT,
FOR ITS INITIAL OPTIONAL EXTENSION YEAR THROUGH NOVEMBER
29, 2005; FURTHER DELEGATING THE EXTENSION(S) OF ANY
REMAINING OPTIONAL TERMS, TO THE CITY MANAGER.
City ofMiami Page 12 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
CA.18 04-01062 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Attorney DIRECTOR OF FINANCE TO PAY RENE SANTIAGO MORALES,
WITHOUT ADMISSION OF LIABILITY, THE SUM OF $80,000 IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS
AND SERVANTS, IN THE CASE OF RENE SANTIAGO MORALES V.
FRANCISCO CASANOVAS, ET AL., IN THE UNITED STATES DISTRICT
COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.
04-20949-CIV-MORENO, UPON EXECUTING A GENERAL RELEASE
FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS,
AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND
DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652.
END OF CONSENT AGENDA
City ofMiami Page 13 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
PERSONAL APPEARANCES
Note: Legislation may result from City Commission consideration of any personal appearance.
PA.1 04-01034 DISCUSSION ITEM
MELISSA FRANTZ PRESIDENT OF MELISSA FRANTZ & ASSOCIATES
TO ADDRESS THE COMMISSION CONCERNING TWO EVENTS THAT
WILL TAKE PLACE IN SEVERAL PARKS IN MIAMI.
PA.2 04-01035 DISCUSSION ITEM
MS. HATTIE WILLIS PRESIDENT OF COMMUNITIES' UNITED TO
ADDRESS THE COMMISSION CONCERNING THE FOLLOWING
ISSUES :
1. MASTER PLAN FOR THE 2ND EAST SECOND AVE. CORRIDOR
(LITTLE HAITI PARK PROJECT)
- ZONING (57 N.E. 2 AVE., MIAMI, FLORIDA 33127
- NAME
- CODE ENFORCEMENT
2. DONATION OF THE LAND BY THE CITY FOR COMMUNITY GARDEN
PROJECT. /5515 N.W. 1ST COURT, MIAMI, FLA. 33127.
City ofMiami Page 14 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
MAYOR AND COMMISSIONER'S ITEMS
CITYWIDE
HONORABLE MAYOR MANUEL A. DIAZ
City ofMiami Page 15 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
DISTRICT 1
COMMISSIONER ANGEL GONZALEZ
City ofMiami Page 16 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
DISTRICT 2
COMMISSIONER JOHNNY L. WINTON
City ofMiami Page 17 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
DISTRICT 3
VICE CHAIRMAN JOE SANCHEZ
City ofMiami Page 18 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
DISTRICT 4
COMMISSIONER TOMAS REGALADO
City ofMiami Page 19 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
DISTRICT 5
CHAIRMAN ARTHUR E. TEELE, JR.
D5.1 04-00648 ORDINANCE FIRST READING
Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Attorney CHAPTER 40/ ARTICLE IV/DIVISION 3 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/ PENSION
AND RETIREMENT PLANS/ CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST TO PROVIDE
PROCEDURES FOR THE EQUITABLE TRANSFER OF RETIREMENT
PLAN MEMBERSHIPS BY ELIGIBLE EMPLOYEES; MORE
PARTICULARLY BY AMENDING SECTION 40-250 OF THE CODE;
CONTAINING A REPEALER PROVISION, AND PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
DATE: JUNE 24, 2004
ACTION: WITHDRAWN
City ofMiami Page 20 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
PUBLIC HEARINGS
PH.1 04-00993 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONVEY TO
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
("FDOT"), THE FOLLOWING TWO PARCELS OF LAND: PARCEL 1
CONTAINING APPROXIMATELY .817 ACRES OF CITY -OWNED REAL
PROPERTY, LOCATED ON NORTHWEST 12TH AVENUE AND 11TH
STREET, MIAMI, FLORIDA, (PARCEL 110) AS MORE PARTICULARLY
DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; AND
PARCEL 2 CONTAINING APPROXIMATELY 6,984 SQUARE FEET OF
CITY -OWNED REAL PROPERTY, LOCATED ON THE NORTHEAST
CORNER OF 12TH AVENUE AND 11TH STREET, MIAMI, FLORIDA,
(PARCEL 108) AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT B,"
ATTACHED AND INCORPORATED, TO BE USED IN CONNECTION WITH
THE NORTHWEST 12TH AVENUE BRIDGE RECONSTRUCTION
PROJECT, SUBJECT TO FDOT PROVIDING FUNDING IN THE AMOUNT
OF $142,645.02, FOR THE COST OF RELOCATING AND
IMPROVING THE PUBLIC WORKS WORKSHOP, CURRENTLY LOCATED
UNDER THE 12TH AVENUE BRIDGE, TO ANOTHER CITY -OWNED SITE
AND TO RETROFIT THE NEW SITE; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE SAID
CONVEYANCE.
PH.2 04-01037 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Fire Rescue ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE
AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE;
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES AND APPROVING THE ACQUISITION AND
INSTALLATION OF A FIRST -IN FIRE STATION ALERTING SYSTEM,
INCLUDING UPGRADES FOR FIRE STATION NO. 3 AND ONE YEAR
MAINTENANCE AND SUPPORT SERVICES FOR THE DEPARTMENT OF
FIRE -RESCUE FROM WESTNET, INC., IN AN AMOUNT NOT TO EXCEED
$1,065,536.65, WITH A CONTINGENCY RESERVE OF $159,830.50, FOR
A TOTAL AMOUNT NOT TO EXCEED $1,225,367.15, ON A CONTRACT
BASIS FOR ONE YEAR, OR UNTIL THERE IS SUCCESSFUL
IMPLEMENTATION AND A FULLY OPERATIONAL FIRST -IN FIRE
STATION ALERTING SYSTEM THROUGHOUT THE REMAINING FIRE
STATIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM; ALLOCATING FUNDS IN THE TOTAL AMOUNT NOT
TO EXCEED $1,225,367.150, FROM CAPITAL IMPROVEMENTS
PROJECT NOS. 313303 AND/OR 313302, ACCOUNT CODE NO.
289401.6.840, B-72806 ENTITLED "FIRE STATION ALERTING & RMS."
PH.3 04-01038 RESOLUTION
City ofMiami Page 21 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS
(4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING THE CITY MANAGER'S FINDING OF A SOLE
SOURCE, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDDING PROCEDURES AND APPROVING THE PURCHASE OF THE
BLAST GUARD AIR DOLLY SYSTEM, TO INCLUDE CHEMICALS AND
TRAINING, FROM VANGUARD RESPONSE SYSTEM, FOR THE
DEPARTMENT OF POLICE, AT A TOTAL COST NOT TO EXCEED
$33,989.90; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED
$33,989.90, FROM THE URBAN AREAS SECURITY INITIATIVE GRANT
PROGRAM II, ACCOUNT CODE NO. 110111.280910.6.840 FOR SAID
PURPOSE.
PH.4 04-01039 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "AGUA CLARA," A
SUBDIVISION IN THE CITY OF MIAMI ("CITY"), OF THE PROPERTY
DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF THE
CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS
SET FORTH IN "EXHIBIT 1," ATTACHED AND INCORPORATED, AND THE
PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY
OF MIAMI ("CITY CODE"), FLORIDA, AS AMENDED, AND ACCEPTING
THE DEDICATIONS SHOWN ON THE PLAT, FURTHER SUBJECT TO THE
FOLLOWING: (1) AN EXECUTED INDEMNIFICATION AND HOLD
HARMLESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY; (2) A BOND ACCEPTABLE TO THE CITY'S RISK
MANAGEMENT ADMINISTRATION, AS REQUIRED BY SECTION 54-4 OF
THE CITY CODE; AND ACCEPTING THE DEDICATIONS SHOWN ON THE
PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE
RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
PH.5 04-01040 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "KEW GARDENS
FIRST ADDITION," A SUBDIVISION IN THE CITY OF MIAMI ("CITY"), OF
THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO
SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND
STREET COMMITTEE AS SET FORTH IN "EXHIBIT 1," ATTACHED
AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION
55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA , AS AMENDED,
AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK
TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF
THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
City ofMiami Page 22 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
PH.6 04-01041 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "WAGNER
SQUARE," A SUBDIVISION IN THE CITY OF MIAMI ("CITY"), OF THE
PROPERTY DESCRIBED IN "ATTACHMENT 1,"
SUBJECT TO SATISFACTION OF THE CONDITIONS REQUIRED BY THE
PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT
1," ATTACHED AND INCORPORATED, AND THE PROVISIONS
CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN
ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE
RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
PH.7 04-01042 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE,
AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO
PURCHASE THE PROPERTY LOCATED AT 3188 SOUTHWEST 16TH
TERRACE, MIAMI, FLORIDA , AS LEGALLY DESCRIBED IN THE OPTION
AGREEMENT BETWEEN THE CITY OF MIAMI AND LPR ENTERPRISES
OF MIAMI, INC., A FLORIDA CORPORATION, ATTACHED AND
INCORPORATED, IN CONNECTION WITH THE DEVELOPMENT OF A
FIRE STATION, FOR A TOTAL PURCHASE PRICE NOT TO EXCEED
$1,408,000, AND TO CONSUMMATE SAID TRANSACTION IN
ACCORDANCE WITH THE TERMS OF SAID OPTION AGREEMENT;
ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $1,453,000,
FROM THE NEIGHBORHOOD FIRE STATIONS AND TRAINING FACILITY
PROJECT ACCOUNT NO. 313306.289307 APPROPRIATED FROM THE
$255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT
BOND FOR COST INCLUDING BUT NOT LIMITED TO SURVEYS,
APPRAISALS, ENVIRONMENTAL REPORTS, TITLE INSURANCE AND
OTHER COSTS ASSOCIATED WITH SAID ACQUISITION.
PH.8 04-01050 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE,
AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO
PURCHASE THE PROPERTY LOCATED AT 301 NORTHEAST 62ND
STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN THE OPTION TO
PURCHASE REAL PROPERTY AND AN ADDENDUM TO OPTION TO
PURCHASE REAL PROPERTY (COLLECTIVELY "OPTION AGREEMENT")
BETWEEN THE CITY OF MIAMI AND SOUL HARVEST MIRACLE REVIVAL
CENTER, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION,
ATTACHED AND INCORPORATED, IN CONNECTION WITH THE
DEVELOPMENT OF LITTLE HAITI PARK, WITH A PURCHASE PRICE OF
TWO MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS
($2,350,000) AND TO CONSUMMATE SAID TRANSACTION IN
ACCORDANCE WITH THE TERMS OF SAID OPTION AGREEMENT;
City ofMiami Page 23 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
FURTHER ALLOCATING FUNDS IN THE AMOUNT OF $2,405,000, FROM
THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD
IMPROVEMENT BOND FOR COSTS INCLUDING BUT NOT LIMITED TO
SURVEYS, APPRAISALS, ENVIRONMENTAL REPORTS, TITLE
INSURANCE, AND OTHER COSTS ASSOCIATED WITH SAID
ACQUISITION.
3:00 P.M.
PH.9 04-01043 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Community ATTACHMENT(S), TRANSFERRING 29TH YEAR COMMUNITY
Development DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE AMOUNT OF
$255,716, FROM WORD OF LIFE COMMUNITY DEVELOPMENT
CORPORATION AND ALLOCATING SAID FUNDS TO THE DISTRICT 5
RESERVE ACCOUNT.
PH.10 04-01044 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY
Development DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE AMOUNT OF
$140,000, FROM THE DEPARTMENTS OF PLANNING, REAL ESTATE
AND ECONOMIC DEVELOPMENT AND COMMUNITY DEVELOPMENT'S
PRELIMINARY STUDY FOR THE EAST LITTLE HAVANA
HOMEOWNERSHIP PROJECT; ALLOCATING SAID FUNDS TO THE
LITTLE HAVANA HOMEOWNERSHIP TRUST.
PH.11 04-01071 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 29TH YEAR
Development COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS IN THE
AMOUNT OF $180,000, FROM THE CITY OF MIAMI COMMERCIAL CODE
COMPLIANCE PROGRAM AND ALLOCATING SAID FUNDS TO THE CITY
OF MIAMI COMMERCIAL FACADE PROGRAM.
City ofMiami Page 24 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
PH.12 04-00734 ORDINANCE SECOND READING
Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION, RELATING TO
Attorney DEVELOPMENT IMPACT FEES; AMENDING CHAPTER 13, SECTIONS
13-2(B)(3), 13-2(B)(4), 13-5, 13-6(3) AND 13-6(4) OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ELIGIBLE
IMPACT FEE EXEMPTION DESIGNATION AREAS FOR ALL DUPLEX AND
RESIDENTIAL DEVELOPMENT FROM "COMMUNITY DEVELOPMENT
TARGET AREAS" TO THE NEWLY CREATED COMMUNITY
DEVELOPMENT DEPARTMENT CLASSIFICATION OF "NEIGHBORHOOD
DEVELOPMENT ZONES;" CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE OF
OCTOBER 1, 2004.
DATE: JULY 8, 2004
ACTION: DEFERRED
DATE: JULY 22, 2004
MOVER: COMMISSIONER WINTON
SECONDER: VICE CHAIRMAN SANCHEZ
VOTE: AYES: 4 - COMMISSIONER WINTON, SANCHEZ,
REGALADO AND TEELE
ABSENT: 1 - COMMISSIONER GONZALEZ
ACTION: PASSED ON FIRST READING
City ofMiami Page 25 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
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.
SR.1 04-00922 ORDINANCE SECOND READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND
SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS,"
TO MODIFY THE WIDTH OF NORTHEAST 2ND AVENUE
BETWEEN NORTHEAST 1ST STREET AND NORTHEAST 2ND STREET,
MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
DATE: SEPTEMBER 9, 2004
MOVER: VICE CHAIRMAN SANCHEZ
SECONDER: COMMISSIONER WINTON
VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON,
SANCHEZ AND TEELE
ABSENT: 1 - COMMISSIONER REGALADO
ACTION: PASSED ON FIRST READING
SR.2 04-00956 ORDINANCE SECOND READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 35, ARTICLE VIII, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND
TRAFFIC/VALET PARKING," TO PROVIDE FOR THE ESTABLISHMENT
OF VALET PARKING IN COMMERCIAL AND RESIDENTIAL DISTRICTS
CITYWIDE, RELATED PERMITS, FEES, RULES AND REGULATIONS AND
APPEALS, ENFORCEMENT PROVISIONS AND FINE SCHEDULE; MORE
PARTICULARLY BY AMENDING SECTIONS 35-301 THROUGH 35-311
AND ADDING NEW SECTIONS 35-312 THROUGH 35-315 TO SAID CODE;
CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
DATE: SEPTEMBER 9, 2004
MOVER: COMMISSIONER WINTON
SECONDER: VICE CHAIRMAN SANCHEZ
VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON,
SANCHEZ, REGALADO AND TEELE
ACTION: PASSED ON FIRST READING
City ofMiami Page 26 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
RESOLUTIONS
RE.1 04-01045 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER APPROVING THE
FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO
REQUEST FOR PROPOSALS NO. 03-04-077, THAT THE FIRMS MOST
QUALIFIED TO PROVIDE EMPLOYEE BENEFIT DENTAL PLANS, ON THE
CURRENT DENTAL MAINTENANCE ORGANIZATION ("DMO"), AS WELL
AS, AN OPTIONAL PREFERRED PROVIDER ORGANIZATION ("PPO")
PRODUCT, ARE, IN RANK ORDER: ON THE DMO, (1) PARAGON, (2)
COMP BENEFITS, (3) CIGNA, AND (4) FLORIDA COMBINED LIFE, AND
FOR PPO SERVICES, (1) METROPOLITAN LIFE, (2) CIGNA, AND A TIE
FOR (3) COMP BENEFITS AND PARAGON; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AN AGREEMENT WITH THE TOP -RANKED
FIRMS FOR EACH SERVICE; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AN AGREEMENT WITH THE
SECOND -RANKED FIRMS, IN THE EVENT NEGOTIATIONS FAIL WITH
THE TOP -RANKED FIRMS, OR UNTIL AN AGREEMENT HAS BEEN
SUCCESSFULLY NEGOTIATED; FURTHER DIRECTING THE CITY
MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY
COMMISSION FOR CONSIDERATION.
RE.2 04-01051 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), FINDING THAT ACQUISITION OF PRIVATE
PROPERTY, AS DESCRIBED IN "EXHIBIT A," ATTACHED AND
INCORPORATED, THROUGH NEGOTIATED CONVEYANCE OR EMINENT
DOMAIN, SERVES A PUBLIC PURPOSE AND IS NECESSARY FOR THE
CREATION OF PARK LAND AND THE CONSTRUCTION OF PUBLIC
FACILITIES IN THE LITTLE HAITI COMMUNITY; AUTHORIZING THE CITY
ATTORNEY TO INITIATE EMINENT DOMAIN PROCEEDINGS PURSUANT
TO THE PROVISIONS STATED HEREIN; AUTHORIZING THE OFFICES
OF THE CITY ATTORNEY AND CITY MANAGER TO RETAIN EXPERT
WITNESSES AND CONSULTANTS AND TAKE FURTHER ACTIONS THAT
ARE REASONABLY REQUIRED TO ACQUIRE SAID PROPERTY.
City ofMiami Page 27 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
RE.3 04-00937 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Police CONTINUED FUNDING OF PROTRACTED, COMPLEX INVESTIGATIONS,
IN AN AMOUNT NOT TO EXCEED $250,000; ALLOCATING SAID FUNDS
FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001,
690002 AND 690003, WITH SUCH EXPENDITURE HAVING BEEN
APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE
UNITED STATES DEPARTMENT OF THE TREASURY AND JUSTICE'S,
"GUIDE TO EQUITABLE SHARING," AND FLORIDA STATUTE, CHAPTER
932.704.
DATE: SEPTEMBER 9, 2004
MOVER: COMMISSIONER GONZALEZ
SECONDER: VICE CHAIRMAN SANCHEZ
VOTE: AYES: 4 - COMMISSIONER GONZALEZ, SANCHEZ,
REGALADO AND TEELE
ABSENT: 1 - COMMISSIONER WINTON
ACTION: DEFERRED
RE.4 04-00952 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY OR
PERMITTED AGAINST THE CAMILLE AND SULETTE MERILUS
FOUNDATION FOR HAITI DEVELOPMENT, INC. ("LICENSEE") TO
PROTECT, PRESERVE AND DEFEND THE INTERESTS OF THE CITY OF
MIAMI ("CITY") INCLUDING, BUT NOT LIMITED TO, ANY ACTION
AUTHORIZED BY LAW OR IN EQUITY TO OBTAIN ANY RELIEF OR TO
REMEDY ANY LOSSES OR DAMAGES SUSTAINED BY THE CITY
RELATED TO THE LICENSEE'S BREACHES OF A REVOCABLE LICENSE
AGREEMENT EXECUTED MAY 13, 2002.
DATE: SEPTEMBER 9, 2004
MOVER: COMMISSIONER GONZALEZ
SECONDER: VICE CHAIRMAN SANCHEZ
VOTE: AYES: 4 - COMMISSIONER GONZALEZ, SANCHEZ,
REGALADO AND TEELE
ABSENT: 1 - COMMISSIONER WINTON
ACTION: DEFERRED
City ofMiami Page 28 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
BC.1 04-00188
Office of the City
Clerk
BC.2 04-00444
Office of the City
Clerk
BOARDS AND COMMITTEES
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS
OF WOMEN FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Chairman Arthur E. Teele, Jr.
DATE: APRIL 8, 2004
ACTION: NO ACTION TAKEN
DATE: MAY 27, 2004
ACTION: NO ACTION TAKEN
DATE: JULY 8, 2004
ACTION: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY
ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEE:
Henry S. Harrison
NOMINATED BY:
Miami Association of Fire Fighters
Shad Fields AFSCME Local 871(for Sanitation employees)
DATE: MAY 27, 2004
ACTION: NO ACTION TAKEN
DATE: JULY 8, 2004
ACTION: NO ACTION TAKEN
BC.3 04-00617 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
Clerk INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE
FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Chairman Arthur Teele
DATE: JUNE 24, 2004
ACTION: DEFERRED
BC.4 04-00933 RESOLUTION
City ofMiami Page 29 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
Office of the City
Clerk
BC.5 04-00685
Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN
DEVELOPMENT REVIEW BOARD FOR TERMS AS DESIGNATED
HEREIN.
APPOINTEES: NOMINATED BY:
Julio S. Diaz Commissioner Angel Gonzalez
Robin Bosco Commissioner Angel Gonzalez
Bernard Zyscovich Commissioner Johnny Winton
Todd Tragash Commissioner Johnny Winton
(Alternate)
Carlos Prio-Touzet Commissioner Tomas Regalado
Willy Bermello Commissioner Tomas Regalado
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A MEMBER OF THE MODEL CITY COMMUNITY
REVITALIZATION DISTRICT TRUST FOR A TERM AS DESIGNATED
HEREIN.
APPOINTEE: NOMINATED BY:
Chairman Arthur Teele
DATE: JULY 8, 2004
ACTION: NO ACTION TAKEN
DATE: SEPTEMBER 9, 2004
ACTION: DEFERRED
City ofMiami Page 30 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
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 matters not specifically set forth in this section.
It is anticipated that no input from anyone other than the City personnel is needed or expected while
the City Commission is considering any matter in this portion of the Agenda; accordingly, no member
of the public may address the City Commission during this time.
DI.1 04-00946 DISCUSSION ITEM
Office of the City DISCUSSION RELATED TO CITY BOARDS.
Clerk
DATE: SEPTEMBER 9, 2004
ACTION: NO ACTION TAKEN
City ofMiami Page 31 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
PART B
The following items shall not be considered before 2:30 pm.
PZ.1 03-0188 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), GRANTING OR DENYING THE APPEAL FILED BY
RIVERHOUSE PIER I LIMITED ("APPELLANTS"), AND REVERSING OR
AFFIRMING A DECISION OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD ("HEPB"), WHICH DESIGNATED EAST
COAST FISHERIES LOCATED AT 40 SOUTHWEST NORTH RIVER
DRIVE AS A HISTORIC SITE.
REQUEST: Appeal of a Historic and Environmental Preservation Board
Decision of a Historic Designation
LOCATION: Approximately 40 SW North River Drive
APPLICANT(S): Planning and Zoning Department
APPELLANT(S): RiverHouse Pier I Limited
APPELLANT(S) AGENT: Jena E. Rissman, Esquire
FINDINGS:
PLANNING AND ZONING DEPARTMENT: Recommended denial of the
appeal and uphold the decision of the Historic and Environmental
Preservation Board.
HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Approved
the designation on September 16, 2003 by a vote of 9-0.
PURPOSE: The approval of this appeal will not result in the historic
designation of the above property.
DATE: NOVEMBER 25, 2003
ACTION: CONTINUED
DATE: JANUARY 22, 2004
ACTION: CONTINUED
DATE: FEBRUARY 26, 2004
ACTION: CONTINUED
DATE: MAY 27, 2004
ACTION: CONTINUED
City ofMiami Page 32 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
PZ.2 04-00984 ORDINANCE FIRST READING
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 62, ZONING AND PLANNING, OF THE CITY OF MIAMI CODE
BY ADDING A NEW ARTICLE XI ENTITLED, "ARTS AND
ENTERTAINMENT MURAL REGULATIONS"; CREATING DEFINITIONS;
PROVIDING FOR LICENSE AND PERMIT REQUIREMENTS; PROVIDING
FOR AN APPLICATION AND APPROVAL PROCESS; PROVIDING FOR
VIOLATIONS AND ENFORCEMENT PROCESS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
REQUEST: To Amend the Miami City Code
APPLICANT(S): Joe Arriola, Chief Administrator
FINDINGS:
PLANNING AND ZONING DEPARTMENT: Recommended approval.
PURPOSE: This will add a new Article XI to the Miami City Code
entitled, "Arts and Entertainment Mural Regulations."
City ofMiami Page 33 Printed on 3/11/2008
City Commission
Meeting Agenda September 23, 2004
The following item shall not be considered before 3:00 pm.
PZ.3 04-00720 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE
SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING
ORDINANCE NO. 11000, FOR THE OCEAN PALACE PROJECT, TO BE
LOCATED AT APPROXIMATELY 850 NORTHWEST LE JEUNE ROAD,
MIAMI, FLORIDA, TO BE COMPRISED OF A FIVE -STORY, MIXED -USE
STRUCTURE, WITH 400 TOTAL MULTIFAMILY RESIDENITAL UNITS
WITH RECREATIONAL FACILITIES, 8,600 SQUARE FEET OF GROUND
LEVEL, RETAIL SPACE AND APPROXIMATELY 809 TOTAL
UNDERGROUND PARKING SPACES; DIRECTING TRANSMITTAL;
MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW;
PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
REQUEST: Major Use Special Permit for the Ocean Palace Project
LOCATION: Approximately 850 NW Le Jeune Road
APPLICANT(S): Century Homebuilders of South Florida, LLC
APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire
FINDINGS:
PLANNING AND ZONING DEPARTMENT: Recommended approval with
conditions*.
PLANNING ADVISORY BOARD: Recommended denial to City
Commission on June 16, 2004 by a vote of 7-0.
ZONING BOARD: Recommended approval with conditions* of special
exceptions to City Commission on May 10, 2004 by a vote of 9-0.
*See supporting documentation.
PURPOSE: This will allow the development of the Ocean Palace
Project.
DATE: JULY 22, 2004
ACTION: CONTINUED
City ofMiami Page 34 Printed on 3/11/2008