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HomeMy WebLinkAboutCC 2004-10-14 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, October 14, 2004 9:00 AM REGULAR 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 Jeffery L. Allen, Commissioner District Five Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Agenda October 14, 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 shall adjourn (a) at the conclusion of deliberation of the agenda item being considered at 10:00 p.m., unless the time is extended by unanimous agreement of the members of the city commission then present or (b) at the conclusion of the regularly City ofMiami Page 2 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 2004 scheduled agenda, whichever occurs first. This rule does not apply when the city commission is engaged in its annual budget hearings (Ordinance 12586). City ofMiami Page 3 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 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 4 AM - APPROVING MINUTES Page 4 CA - CONSENT AGENDA Pages 6-9 Item 1 which is comprised of items CA.1 through CA.8 may be heard in the number sequence or as announced by the Commission M - MAYOR'S ITEMS Pages 10-15 TIME CERTAIN 3:00 P.M. - M.2 - Transfer from Mayor's Poverty Initiative to Implement IDA Program D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS Pages 15-18 D4 - DISTRICT 4 ITEMS Pages 18-26 D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS Pages 27-46 TIME CERTAIN 3:00 P.M. - PH.6 - Transfer Funds from Housing Loan Recovery to Single Family Programs 3:00 P.M. - PH.7 - Transfer 26th Year CDBG Funds 3:00 P.M. - PH.8 - Transfer of Closed Out CDBG Funds to Southwest Social Services EM - EMERGENCY ORDINANCES Pages 47-52 SR - SECOND READING ORDINANCES Pages 53-58 RE - RESOLUTIONS Pages 59-65 BC - BOARDS AND COMMITTEES Pages 66-77 DI - DISCUSSION ITEMS Pages 78-84 City ofMiami Page 4 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS AND PROCLAMATIONS PR.1 04-01073 CEREMONIAL ITEM Name of Honoree Presenter Mayor Diaz/City of Miami Protocol Item South Florida Management District Ceremonial Check 3.0 Moore Park Divas Women's Tennis Team Claudette Antoine Mayor Diaz/City of Miami Parks and Recreation Certificate Joy L. Brown Mayor Diaz/City of Miami Parks and Recreation Certificate Sylvina David Mayor Diaz/City of Miami Parks and Recreation Certificate Patricia W. Davie Mayor Diaz/City of Miami Parks and Recreation Certificate Richanda Goodman Mayor Diaz/City of Miami Parks and Recreation Certificate Johann Malivert Mayor Diaz/City of Miami Parks and Recreation Certificate T. Patrice Manley Mayor Diaz/City of Miami Parks and Recreation Certificate Laverne Taylor Mayor Diaz/City of Miami Parks and Recreation Certificate Charlayne W. Thompkins Mayor Diaz/City of Miami Parks and Recreation Certificate Kim S. Wallace Mayor Diaz/City of Miami Parks and Recreation Certificate Coach Joel Palmer Mayor Diaz/City of Miami Parks and Recreation Certificate 4.0 Model Cities Champs Men's Tennis Team Richard Dubuisson Mayor Diaz/City of Miami Parks and Recreation Certificate Robert Green Mayor Diaz/City of Miami Parks and Recreation Certificate Roosevelt Johns Mayor Diaz/City of Miami Parks and Recreation Certificate Paul J. Johnson Mayor Diaz/City of Miami Parks and Recreation Certificate John Koopman Mayor Diaz/City of Miami Parks and Recreation Certificate Marion Lambright Mayor Diaz/City of Miami Parks and Recreation Certificate Willie B. Marshall Mayor Diaz/City of Miami Parks and Recreation Certificate Raul Mendez Mayor Diaz/City of Miami Parks and Recreation Certificate Evans Merisier Mayor Diaz/City of Miami Parks and Recreation Certificate Jimmy Nickerson Mayor Diaz/City of Miami Parks and Recreation Certificate Dominic Parker Mayor Diaz/City of Miami Parks and Recreation Certificate Larry L. Pye Mayor Diaz/City of Miami Parks and Recreation Certificate Dr. Dan Coble Dr. Miguel Manresa Commissioner Regalado Commissioner Regalado Salute Salute 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 MEETING: Regular Meeting of September 9, 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.8 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.8 be adopted..." City ofMiami Page 5 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 2004 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 04-01078 DISCUSSION ITEM ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. CA.2 04-01079 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "LEAD -SAFE... FOR KIDS' SAKE GRANTS PROGRAM" FOR THE FOLLOWING ACTIVITIES; (1) IDENTIFICATION OF PRE-1978 HOUSING BY GIS MAPPING; (2) HOME VISITATIONS BY VOLUNTEERS TO EDUCATE, VISUALLY INSPECT, SURVEY AND ENCOURAGE SCREENINGS; (3) DEVELOPMENT AND IMPLEMENTATION OF AN EDUCATIONAL OUTREACH PLAN CONDUCTED BY NEIGHBORHOOD ENHANCEMENT TEAMS; AND (4) DISSEMINATION OF VOUCHERS FOR REMEDIATION EFFORTS, CONSISTING OF A GRANT FROM THE UNITED STATES CONFERENCE OF MAYORS/DUPONT IN THE AMOUNT OF $300,000; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. CA.3 04-01082 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A Fire Rescue NEW SPECIAL REVENUE FUND ENTITLED: "FEMA/USAR GRANT AWARD, FISCAL YEAR 2004-2006 FUND" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $938,035, CONSISTING OF A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA"), TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO PROCURE EQUIPMENT, PROVIDE TRAINING, MANAGEMENT, AND ADMINISTRATION OF THE SOUTH FLORIDA URBAN SEARCH AND RESCUE ("USAR") PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. CA.4 04-01087 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE TRANSFER AND ADDITION OF A PORTION OF THE BICENTENNIAL PARK ACCESS ROAD, TOGETHER WITH ALL PUBLIC RIGHT-OF-WAY ADJACENT THERETO, AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO THE JURISDICTIONAL RESPONSIBILITY OF THE STATE OF FLORIDA HIGHWAY SYSTEM IN CONFORMANCE WITH SECTION 337.29, FLORIDA STATUTES; AUTHORIZING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO RECORD A RIGHT-OF-WAY MAP OF THE SUBJECT ROAD IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY City ofMiami Page 6 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 2004 ATTORNEY, FOR SAID PURPOSE. CA.5 04-01088 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA INTERNATIONAL UNIVERSITY TO PROVIDE TECHNICAL SUPPORT TO LEADERSHIP GROUPS IN THE COMMUNITY OF OVERTOWN FOR TRANSPORTATION -RELATED PROJECTS, THROUGH JUNE 31, 2006, IN AN AMOUNT NOT TO EXCEED $57,000; ALLOCATING FUNDS FROM THE NEW SPECIAL REVENUE FUND ENTITLED: "OVERTOWN TECHNICAL SUPPORT FUND," APPROVED BY RESOLUTION NO. 04-0565, ADOPTED SEPTEMBER 9, 2004, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION. CA.6 04-01089 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Parks and PURCHASE OF A TYPE "C" WHEELCHAIR ACCESSIBLE BUS, FROM Recreation RIVERS BUS SALES, INC., FOR THE DEPARTMENT OF PARKS AND RECREATION, UTILIZING EXISTING STATE OF FLORIDA DEPARTMENT OF EDUCATION CONTRACT NO. 2004-19, EFFECTIVE THROUGH MARCH 31, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA DEPARTMENT OF EDUCATION, FOR A TOTAL AMOUNT NOT TO EXCEED $70,108; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $42,721.96, FROM THE PARKS AND RECREATION HANDICAP DIVISION ACCOUNT NO. 110032.580325.6.840, AND AN AMOUNT NOT TO EXCEED $27,386.04, FROM THE PROGRAM FOR PERSONS WITH DISABILITIES ADA ACCOUNT NO. 110112.580078.6.840. CA.7 04-01104 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND TERREMARK AT DINNER KEY, INC., TO PROVIDE RESTAURANT AND CONCESSION SERVICES AT THE COCONUT GROVE CONVENTION CENTER; AND APPROVING AN EXTENSION TO THE ORIGINAL AGREEMENT ENTERED INTO ON SEPTEMBER 25, 1979, ON A MONTH -TO -MONTH BASIS, FOR A TERM NOT TO BE EXTENDED BEYOND SEPTEMBER 30, 2005. City ofMiami Page 7 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 2004 CA.8 04-01094 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBMERGED LAND LEASE RENEWAL, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ("STATE"), TO PROVIDE, FOR A TERM OF FIVE (5) YEARS, FOR THE CITY'S CONTINUED USE OF SUBMERGED LANDS OWNED BY THE STATE ADJACENT TO THE UPLAND PROPERTY OWNED BY THE CITY LOCATED AT 60 SOUTHEAST 4TH STREET, MIAMI, FLORIDA, C/K/A FORT DALLAS PARK , WITH SAID LEASE TO BE WITH NO RENT AS LONG AS THE SLIPS ARE USED FOR TEMPORARY DOCKAGE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE FUTURE EXTENSIONS TO THE TERM OF THE LEASE AS APPROVED BY THE STATE. END OF CONSENT AGENDA City ofMiami Page 8 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 2004 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 04-01162 DISCUSSION ITEM Honorable Mayor APPROVAL OF THE INTERLOCAL COOPERATION AGREEMENT Manny Diaz BETWEEN MIAMI-DADE COUNTY, THE CITY OF MIAMI AND THE MIAMI SPORTS AND EXHIBITION AUTHORITY. 3:00 P.M. M.2 04-01095 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS FROM Development THE MAYOR'S POVERTY INITIATIVE FUND IN THE AMOUNT OF $400,000; ALLOCATING SAID FUNDS TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT TO IMPLEMENT AN INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM TO BE ADMINISTERED BY MICRO -BUSINESS USA, WHICH IS TO BE EQUALLY MATCHED BY BOTH PARTICIPANT AND FEDERAL FUNDS AND PLACED IN A MATCH SAVINGS ACCOUNT. City ofMiami Page 9 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 2004 DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ City ofMiami Page 10 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 2004 DISTRICT 2 COMMISSIONER JOHNNY L. WINTON City ofMiami Page 11 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 2004 DISTRICT 3 CHAIRMAN JOE SANCHEZ D3.1 04-01083 RESOLUTION District 3- Chair A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE Joe Sanchez OFFICE OF THE AUDITOR GENERAL TO CONDUCT A COMPLETE REVIEW, AUDIT, AND INVESTIGATION OF THE CLAIM MADE BY THE WYNDHAM GRAND BAY ("HOTEL"), LOCATED AT 2669 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, THAT THE HOTEL OVERPAID ITS PUBLIC SERVICE TAX TO THE CITY OF MIAMI, IN THE ESTIMATED AMOUNT OF $36,388.54; AUTHORIZING THE CITY MANAGER TO HIRE AN OUTSIDE FIRM TO CONDUCT SAID AUDIT IF NECESSARY, SHOULD THE OFFICE OF THE AUDITOR GENERAL NOT HAVE THE RESOURCES; DIRECTING THE OFFICE OF THE AUDITOR GENERAL OR THE OUTSIDE FIRM TO PRESENT A REPORT OF ITS FINDINGS TO THE CITY COMMISSION WITHIN 90 DAYS. D3.2 04-01160 DISCUSSION ITEM District 3- Chair DISCUSSION CONCERNING A MOTION TO RECONSIDER ITEMS PZ 26 Joe Sanchez AND PZ 27 FROM THE SEPTEMBER 27, 2004 MEETING AND DIRECTING THE EXECUTIVE SECRETARY OF HEARING BOARDS, THE DIRECTOR OF PLANNING AND ZONING AND ANY OTHER APPROPRIATE MEMBERS OF THE ADMINISTRATION TO RE -ADVERTISE AND RE-EXAMINE THESE ITEMS FOR A FUTURE PLANNING AND ZONING AGENDA. City ofMiami Page 12 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 2004 D4.1 04-01103 D4.2 04-01161 District 4- Commissioner Tomas Regalado D4.3 04-01138 District 4- Commissioner Tomas Regalado D4.4 04-01120 District 4- Commissioner Tomas Regalado DISTRICT 4 COMMISSIONER TOMAS REGALADO DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE LAW DEPARTMENT REGARDING THE INJUNCTION AGAINST THE ALF LOCATED AT 2381 SOUTHWEST 21 TERRACE. DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE LAW DEPARTMENT REGARDING THE ADULT LIVING FACILITIES IN THE SHENANDOAH AREA OWNED BY FAMILY BOARDING HOME, INC. DISCUSSION ITEM MR. BEN BURTON, EXECUTIVE DIRECTOR OF THE MIAMI COALITION FOR THE HOMELESS INC., TO ADDRESS THE COMMISSION CONCERNING THE FEEDING AND SERVICE PLAN FOR LOW INCOME AND HOMELESS FAMILIES AND INDIVIDUALS IN THE CITY OF MIAMI. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 04-0610, ADOPTED SEPTEMBER 9, 2004, TO INCLUDE THE WAIVER OF COSTS AND FEES FOR THE CO -SPONSORED ANNUAL SOURCE AWARDS 3-DAY EVENT, SCHEDULED FOR OCTOBER 2004; AMENDING SAID RESOLUTION TO REFLECT SAID CHANGE. City ofMiami Page 13 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 2004 DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN City ofMiami Page 14 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 2004 PUBLIC HEARING PH.1 04-01090 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF A SKY WATCH SENTINEL OBSERVATION PLATFORM, FROM NEW HEIGHTS MANUFACTURING, INC., FOR THE DEPARTMENT OF POLICE, AT A TOTAL COST NOT TO EXCEED $97,146; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $97,146, FROM THE CAPITAL IMPROVEMENT PROGRAM, POLICE HOMELAND DEFENSE PREPAREDNESS BOND, ACCOUNT CODE NO. 312048.299307.6.840. PH.2 04-01091 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF THREE (3) 8028 UNIVERSAL PORTACOUNT FIT TEST SYSTEMS WITH ACCESSORIES, WHICH CONTAINS BOTH MODELS 8020 PORTACOUNT PLUS AND 8095 N-95 COMPANION, INCLUDING TRAINING AND MAINTENANCE SUPPORT SERVICES FROM TSI INCORPORATED C/O DAWSON ASSOCIATES, INC., THE DESIGNATED SOLE SOURCE REPRESENTATIVE FOR TSI INCORPORATED, IN THE SOUTHEASTERN REGION OF THE UNITED STATES FOR THE DEPARTMENT OF FIRE -RESCUE, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $33,000; ALLOCATING FUNDS FROM THE FEDERAL GRANT ENTITLED, "URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM II," PROJECT NO. 110111, ACCOUNT CODE NO. 280910.6.840. PH.3 04-01092 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "CATHERINE'S PLACE," A SUBDIVISION IN THE CITY OF MIAMI 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 A," 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 15 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 2004 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. DATE: SEPTEMBER 23, 2004 ACTION: CONTINUED PH.5 04-01093 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"), A STRIP OF LAND CONTAINING APPROXIMATELY 5,737 SQUARE FEET, LYING ADJACENT TO BISCAYNE BOULEVARD, BETWEEN NORTHEAST 8TH STREET AND NORTHEAST 9TH STREET, MIAMI, FLORIDA ("PROPERTY"), REFERRED TO AS PARCEL 101, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, WITH FDOT REQUESTING FEE SIMPLE OWNERSHIP OF THE PROPERTY TO MAKE IMPROVEMENTS TO THE SIDEWALK FOR THE PURPOSE OF TYING IN THE SIDEWALK IMPROVEMENTS TO THE OVERALL PROJECT KNOWN AS THE BURLE MARX PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED, IN SUBSTANTIALLY THE FORM ATTACHED AS "EXHIBIT B," AND ALL OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE SAID CONVEYANCE. City ofMiami Page 16 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 2004 3:00 P.M. PH.6 04-01096 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 FROM THE HOUSING LOAN RECOVERY FUND IN AN AMOUNT NOT TO EXCEED $484,580.43; ALLOCATING SAID FUNDS TO SINGLE FAMILY PROGRAMS FOR HOUSING ACTIVITIES. PH.7 04-01097 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 26TH YEAR Development COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED $150,000, FROM THE ALTERNATIVE PROGRAMS, INC.; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF OFF-STREET PARKING ("DOSP") FOR ACQUISITION AND/OR DEVELOPMENT OF A PROPERTY IN THE AREA OF 151 NORTHWEST 60TH STREET, MIAMI, FLORIDA, TO BE DEVELOPED AS A PUBLIC PARKING LOT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DOSP, FOR SAID PURPOSE. PH.8 04-01100 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE TOTAL AMOUNT OF $999,297, FROM CLOSED OUT ACTIVITIES; ALLOCATING SAID FUNDS IN THE AMOUNT OF $81,300, TO SOUTHWEST SOCIAL SERVICES, INC., THE AMOUNT OF $300,000, TO CDBG RESERVE, THE AMOUNT OF $290,000, TO ALLAPATTAH WYNWOOD COMMUNITY AND DEVELOPMENT CENTER, INC., THE AMOUNT OF $50,000, TO ST. ALBAN'S DAY NURSERY, AND THE AMOUNT OF $277,997, TO HOUSING ACTIVITIES TO BE FUNDED AND APPROVED BY THE HOUSING & COMMERCIAL LOAN COMMITTEE; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS AND AMENDMENTS TO AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH SAID AGENCIES. City ofMiami Page 17 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 2004 ORDINANCES - EMERGENCY (Note: This item is being presented as an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety and property of the City of Miami, and upon further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies and to generally carry on the functions and duties of municipal affairs) EM.1 04-01146 ORDINANCE EMERGENCY ORDINANCE (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, ENTITLED: "GARBAGE AND OTHER SOLID WASTE," BY AMENDING ARTICLE I ENTITLED: "IN GENERAL" SECTION 22-1, ARTICLE II ENTITLED: "REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION" SECTIONS 22-46, 22-47, 22-50, 22-56, 22-57 AND 22-58, AND ARTICLE III ENTITLED: "ENFORCEMENT AND ADMINISTRATION" SECTION 22-93; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. EM.2 04-01142 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING THE CITY OF MIAMI COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT(S) ("AGREEMENTS"), IN SUBSTANTIALLY THE ATTACHED FORM, APPROVED PURSUANT TO RESOLUTION NO. 04-0496, ADOPTED JULY 22, 2004; APPROVING THE ADDENDUM TO SAID AGREEMENT(S); AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT(S) AND SAID ADDENDUM(S), IN SUBSTANTIALLY THE ATTACHED FORMS, WITH QUALIFIED PROVIDERS FOR SAID SOLID WASTE SERVICES. City ofMiami Page 18 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 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 04-00779 ORDINANCE SECOND READING District 5- Vice AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Chair Michelle CHAPTER 14/ARTICLE V/SECTION 14-251 OF THE CODE OF THE CITY Spence -Jones OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY/GENERALLY/DEFINITIONS," CHANGING THE GOVERNING BODY PROVIDING FOR FOUR OF THE SEVEN MEMBERS TO BE NOMINATED BY THE MAYOR AND PROVIDING FOR THE DIRECTOR OF THE DEPARTMENT OF CAPITAL IMPROVEMENTS TO ACT AS DIRECTOR; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 30, 2005. DATE: JULY 8, 2004 MOVER: COMMISSIONER GONZALEZ SECONDER: VICE CHAIRMAN SANCHEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND TEELE ABSENT: 1 - COMMISSIONER REGALADO ACTION: PASSED ON FIRST READING WITH MODIFICATIONS SR.2 04-00783 ORDINANCE SECOND READING District 3- Chair AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Joe Sanchez CHAPTER 14/ARTICLE V/SECTION 14-251 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY/GENERALLY/DEFINITIONS;" CHANGING THE GOVERNING BODY, PROVIDING FOR FIVE OF THE SEVEN MEMBERS TO BE NOMINATED BY THE CITY COMMISSION AND PROVIDING FOR THE EXECUTIVE DIRECTOR TO BE SELECTED BY THE COMMUNITY REDEVELOPMENT AGENCY BOARD; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. DATE: JULY 8, 2004 MOVER: VICE CHAIRMAN SANCHEZ SECONDER: COMMISSIONER GONZALEZ VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND TEELE ACTION: PASSED ON FIRST READING WITH MODIFICATIONS City ofMiami Page 19 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 2004 RESOLUTIONS RE.1 04-01084 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. 03-04-066, THAT THE FIRMS MOST QUALIFIED TO PROVIDE EMPLOYEE BENEFIT HEALTH PLANS, ARE CIGNA, FOR PART A, C, AND D SERVICES, AND UNITED BENEFITS/ COMPANION LIFE, FOR PART B SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH EACH FIRM FOR AN INITIAL THREE-YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO ADDITIONAL TWO-YEAR PERIODS; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 514401.623301.6.657. RE.2 04-01085 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FOLLOWING TOP -RANKED FIRMS TO PROVIDE EMPLOYEE BENEFIT DENTAL PLANS, PURSUANT TO RESOLUTION NO. 04-0636, ADOPTED SEPTEMBER 23, 2004: (1) PARAGON, FOR THE DENTAL MAINTENANCE ORGANIZATION; AND (2) METROPOLITAN LIFE, FOR THE PREFERRED PROVIDER ORGANIZATION, EACH FOR AN INITIAL THREE-YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO ADDITIONAL TWO-YEAR PERIODS. RE.3 04-01031 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. 03-04-078, THAT THE FIRMS MOST QUALIFIED TO PROVIDE EMPLOYEE BENEFIT LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT PLANS, ARE, IN RANK ORDER: (1) MINNESOTA MUTUAL; (2) CIGNA; AND (3) METROPOLITAN LIFE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE TOP -RANKED FIRM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM, IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP -RANKED FIRM, OR UNTIL AN AGREEMENT HAS BEEN SUCCESSFULLY NEGOTIATED; FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION. City ofMiami Page 20 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 2004 BC.1 04-01053 Office of the City Clerk BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mathew Gorson Current Board of Directors of the DDA (term expiring August 31, 2007) Jerome Hollo Current Board of Directors of the DDA (term expiring August 31, 2007) J. Megan Kelly Current Board of Directors of the DDA (term expiring August 31, 2007) Jeffrey Bercow Current Board of Directors of the DDA (term expiring August 31, 2007) Barbara Carey-Shuler Board of Miami -Dade County Commission (unexpired term ending August 31, 2006) BC.2 04-00931 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD. APPOINTEES: Donald F. Benjamin LaPrincycsessazatta J. Bess Del Bryan Dorothy J. Fields Claudette P. Tucker Fung-A-Fat Caldwell Joseph City ofMiami Page 21 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 2004 BC.3 04-01119 RESOLUTION SEOPW and OMNI A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Community CERTAIN MEMBERS OF THE CITY COMMISSION AS ACTING Redevelopment CHAIRPERSON AND VICE CHAIRPERSON OF THE COMMUNITY Agencies REDEVELOPMENT AGENCY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Johnny Winton Acting Chairperson of the Community Redevelopment Agency Jeffery Allen Vice Chairperson of the Community Redevelopment Agency City ofMiami Page 22 Printed on 3/11/2008 City Commission Meeting Agenda October 14, 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 04-00743 DISCUSSION ITEM PRESENTATION BY THE ECONOMIC DEVELOPMENT DEPARTMENT THAT WILL OUTLINE A PLAN FOR THE ACQUISITION OF LOTS FOR AFFORDABLE HOUSING FROM THE MIAMI-DADE COUNTY LIST OF LANDS. DATE: JULY 8, 2004 ACTION: NO ACTION TAKEN DI.2 04-00923 DISCUSSION ITEM DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. DATE: SEPTEMBER 9, 2004 ACTION: DEFERRED DI.3 04-01145 DISCUSSION ITEM DISCUSSION CONCERNING COCONUT GROVE CARES, INC. AND THE DEFERMENT OF THEIR OUTSTANDING PAYMENT OF $26,641.62 FROM OCTOBER 2004 TO JANUARY 2005. NON -AGENDA ITEMS City ofMiami Page 23 Printed on 3/11/2008