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HomeMy WebLinkAboutCC 2004-11-18 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, November 18, 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 November 18, 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 November 18, 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 November 18, 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 7-16 Item 1 which is comprised of items CA.1 through CA.17 may be heard in the number sequence or as announced by the Commission M - MAYOR'S ITEMS Pages 17-21 D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS Page 21 D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS Pages 22-42 D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS Pages 43-60 3:00 P.M. - PH.7 - Transferring CDBG Funds to Catholic Charities 3:00 P.M. - PH.8 - Transferring HOPWA Funds 3:00 P.M. - PH.9 - Accepting HUD Grant for the Unleaded Program for FY'04 3:00 P.M. - PH.10 - Transferring CDBG Funds - CIP to Offstreet Parking 3:00 P.M. - PH.11 - Transferring CDBG Funds - Close Out Activities to Goodwill 3:00 P.M. - PH.12 - Transferring CDBG Funds to Rafael Hernandez SR - SECOND READING ORDINANCES Pages 62-66 FR - FIRST READING ORDINANCES Pages 67-75 RE - RESOLUTIONS Pages 76-85 BC - BOARDS AND COMMITTEES Pages 85-89 DI - DISCUSSION ITEMS Pages 90-91 City ofMiami Page 4 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS AND PROCLAMATIONS PR.1 04-01275 CEREMONIAL ITEM Name of Honoree Presenter Protocol Item Mayor Diaz/City of Miami Dr. Don Cobre Dr. Miguel Manresa South Florida Management District Ceremonial Check Commissioner Regalado Salute & Key Commissioner Regalado Salute & Key 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.) Second Budget Hearing Meeting of September 28, 2004 Regular Meeting of October 14, 2004 ORDER OF 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.17 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.17 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 04-01217 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE Public Works BID OF MIAMI ELECTRIC SUPPLY ASSOCIATES, PURSUANT TO INVITATION FOR BIDS NO. 03-04-143, FOR THE PURCHASE OF STREETLIGHT FIXTURES AND POLES FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ("GSA") ON AN AS -NEEDED CONTRACT BASIS, FOR A TWO-YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $26,738.42, FOR THE FIRST YEAR AND AN INCREASE NOT TO EXCEED THREE PERCENT (3%) FOR EACH SUBSEQUENT YEAR, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $111,863.57; ALLOCATING FUNDS FROM GSA ACCOUNT NO. City ofMiami Page 5 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 504000.420119.6.707. CA.2 04-01218 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN COMPENSATION FOR THE PROFESSIONAL SERVICES OF FALCON & BUENO, INC., PREVIOUSLY APPROVED BY RESOLUTION NO. 03-084, ADOPTED JANUARY 23, 2003, FOR THE PROJECT ENTITLED "MEMORIAL BOULEVARD PROJECT, B-30309 (PREVIOUSLY ENTITLED "CUBAN MEMORIAL LINEAR PARK PROJECT")," FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICE FEES, IN AN AMOUNT NOT TO EXCEED $33,510, INCREASING COMPENSATION FROM $205,500 TO $239,010, BASED ON THE MODIFIED SCOPE OF SERVICES REQUIRED FOR SAID PROJECT; ALLOCATING FUNDS FOR SAID INCREASE, IN A TOTAL AMOUNT NOT TO EXCEED $33,510, FOR SERVICES AND EXPENSES INCURRED BY THE CITY OF MIAMI, FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 311713 ENTITLED "DISTRICT 3 NEIGHBORHOOD QUALITY OF LIFE;" AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL WORK ORDER, IN SUBSTANTIALLY THE ATTACHED FORM; AMENDING RESOLUTION NO. 03-084 TO REFLECT THE PROJECT NAME CHANGE AND SAID INCREASE. CA.3 04-01219 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE Parks and BIDS OF VARIOUS VENDORS, FOR THE PURCHASE OF Recreation RECREATIONAL EQUIPMENT AND SUPPLIES FOR VARIOUS CITY OF MIAMI PARKS FOR THE DEPARTMENT OF PARKS AND RECREATION, ON AN ITEM -BY -ITEM BASIS FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $121,261.36, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $485,045.44; ALLOCATING FUNDS FROM PARKS AND RECREATION GENERAL ACCOUNT NO. 001000.580301.6. 717. CA.4 04-01220 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "FY '04 CERT (COMMUNITY EMERGENCY RESPONSE TEAM/CITIZEN CORPS) GRANT AWARD FUND" CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, FOR THE PERIOD COMMENCING JULY 1, 2004, AND ENDING SEPTEMBER 30, 2005, FOR ADMINISTRATION OF THE CITY OF MIAMI'S CERT MIAMI PROGRAM, IN THE AMOUNT OF $28,000; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, FOR SAID PURPOSE. CA.5 04-01221 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "URBAN AREA SECURITY INITIATIVE (UASI) GRANT City ofMiami Page 6 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 CA.6 04-01222 CA.7 04-01223 Department of Conferences, Conventions and Public Facilities CA.8 04-01224 PROGRAM III (FISCAL YEAR 2004)," CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY PASSED THROUGH THE OFFICE FOR DOMESTIC PREPAREDNESS, DIRECTLY TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT; APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $19,033,677; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE REVOCABLE LICENSE AGREEMENT ("AMENDMENT") BETWEEN THE CITY OF MIAMI AND THE CENTER FOR HAITIAN STUDIES, INC. ("LICENSEE"), A NONPROFIT CORPORATION, TO REDUCE THE MONTHLY USE FEE FROM $250 PER MONTH TO $1.00 PER MONTH, FOR LICENSEE'S CONTINUED USE OF THE CITY -OWNED PARKING LOT LOCATED AT 185 NORTHEAST, 82ND TERRACE, MIAMI, FLORIDA, EFFECTIVE MAY 1, 2004. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA AGRICULTURAL AND MECHANICAL UNIVERSITY ("FAMU") AND THE FLORIDA INTERNATIONAL UNIVERSITY ("FIU") BOARD OF TRUSTEES, RELATING TO THE ORANGE BLOSSOM CLASSIC FOOTBALL MATCH BETWEEN THE FAMU AND FIU TEAMS TO BE HELD AT THE ORANGE BOWL STADIUM ON NOVEMBER 27, 2004; AUTHORIZING A BASIC USE FEE IN THE AMOUNT OF $5,000; CONDITIONING SAID AUTHORIZATION UPON THE ORGANIZERS (1) OBTAINING ALL PERMITS REQUIRED BY LAW, (2) PAYING FOR ALL NECESSARY COSTS OF CITY OF MIAMI ("CITY") SERVICES AND APPLICABLE FEES ASSOCIATED WITH THE EVENT, (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED BY THE CITY MANAGER OR DESIGNEE, AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL APPROPRIATE CIVIL ACTIONS AGAINST AMER HOLDING, A LIMITED LIABILITY COMPANY ("LESSOR") AND E.F. HUTTON REALTY CORPORATION, ITS AGENT, TO PROSECUTE, PROTECT AND PRESERVE THE INTERESTS OF THE CITY OF MIAMI ("CITY") INCLUDING, BUT NOT LIMITED TO, ANY ACTION AUTHORIZED BY LAW OR IN EQUITY TO OBTAIN POSSESSION OR ANY City ofMiami Page 7 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 OTHER RELIEF OR REMEDY FOR RECOVERY OF DAMAGES SUSTAINED BY THE CITY RELATED TO THE LESSOR'S BREACHES OF A LEASE AGREEMENT EXECUTED ON OR ABOUT OCTOBER 4, 2004. CA.9 04-01225 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE REVOCABLE LICENSE AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI AND MIAMI OVERSEAS CHINESE ASSOCIATION ("LICENSEE"), TO PROVIDE FOR LICENSEE'S CONTINUED USE OF BAY 6 AT THE CITY OF MIAMI OWNED PROPERTY LOCATED AT 1101 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, FOR A SIX-MONTH PERIOD COMMENCING NOVEMBER 1, 2004, EXPIRING MARCH 31, 2005, UNDER THE SAME TERMS AND CONDITIONS OF SAID AGREEMENT. CA.10 04-01226 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND NEW ASSIGNEE BAYSHORE LANDING, LLC ("COMPANY"), DATED SEPTEMBER 20, 1985 AS AMENDED ("LEASE AGREEMENT"), TO ADD A NEW SECTION 30.3 TO THE LEASE AGREEMENT TO PROVIDE THAT IN THE EVENT THE LEASE AGREEMENT IS TERMINATED IN ANY PROCEEDING IN BANKRUPTCY INVOLVING THE COMPANY, AT THE REQUEST OF THE LEASEHOLD MORTGAGEE THE CITY WILL ENTER INTO A NEW LEASE WITH THE LEASEHOLD MORTGAGEE, UPON THE SAME TERMS AS THE EXISTING LEASE AND SUBJECT TO THE PROVISIONS SET FORTH IN THE THIRD AMENDMENT; PROVIDED: (1) THE LEASEHOLD MORTGAGEE PAYS ALL PAST DUE RENTS AND OTHER CHARGES DUE TO THE CITY, AND (2) THE ACTIONS OF THE LEASEHOLD MORTGAGEE HAVE NOT ADVERSELY AFFECTED THE INTERESTS OF THE CITY UNDER THE LEASE OR OTHERWISE RESULTED IN THE TERMINATION OF THE LEASE. CA.11 04-01227 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("LESSEE") AND RAYOS DEL SOL, LTD., A LIMITED PARTNERSHIP ("LESSOR"), FOR USE OF APPROXIMATELY 1,200 SQUARE FEET OF OFFICE SPACE, LOCATED AT 185 NORTHWEST 13TH AVENUE, MIAMI, FLORIDA, TO RELOCATE THE OPERATION OF THE EAST LITTLE HAVANA NEIGHBORHOOD ENHANCEMENT TEAM, TO PROVIDE FOR THE FOLLOWING: (1) A SEVEN-YEAR TERM COMMENCING ON THE POSSESSION DATE WHICH SHALL BE NO LATER THAN APRIL 1, 2005, WITH AN OPTION TO EXTEND FOR TWO City ofMiami Page 8 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 ADDITIONAL FIVE-YEAR TERMS SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES; (2) LESSEE SHALL PAY RENT FOR THE FIRST YEAR, IN THE AMOUNT NOT TO EXCEED $12, PER SQUARE FOOT, OR AN AMOUNT NOT TO EXCEED $1,200, PER MONTH, WITH RENT FOR SUBSEQUENT TERM YEARS TO BE ADJUSTED BASED ON INCREASES IN THE CONSUMER PRICE INDEX; (3) LESSOR TO PROVIDE LESSEE WITH COMPLETE BUILD -OUT OF THE PREMISES; AND (4) LESSOR TO PAY ALL COMMON AREA OPERATING CHARGES AND PROVIDE FOUR RESERVED PARKING SPACES FOR LESSEE, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. CA.12 04-01228 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACQUISITION OF TRAINING COURSES FOR INFORMATION TECHNOLOGY EQUIPMENT AND SOFTWARE FROM NEW HORIZONS COMPUTER LEARNING CENTERS, INC., FOR VARIOUS USER DEPARTMENTS AND AGENCIES, ON AN AS -NEEDED CONTRACT BASIS UTILIZING EXISTING UNITED STATES GENERAL SERVICES ADMINISTRATION ("GSA") CONTRACT NO. GS-35F-0140J, EFFECTIVE THROUGH DECEMBER 10, 2008, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY GSA, IN AN AMOUNT NOT TO EXCEED $120,000; ALLOCATING FUNDS FROM THE OPERATING BUDGETS OF VARIOUS AGENCIES AND USER DEPARTMENTS FOR THE CURRENT FISCAL YEAR, WITH FUNDING FOR FUTURE FISCAL YEARS SUBJECT ONLY TO BUDGETARY APPROVAL. City ofMiami Page 9 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 CA.13 04-01229 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF FORTY (40) PORTABLE AND MOBILE RADIOS AND ACCESSORIES FROM MOTOROLA, INC., FOR THE DEPARTMENT OF FIRE -RESCUE, UTILIZING PALM BEACH COUNTY CONTRACT NO. 02C-6CR, EFFECTIVE THROUGH OCTOBER 17, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY PALM BEACH COUNTY, IN AN AMOUNT NOT TO EXCEED $56,244; ALLOCATING FUNDS FROM THE URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM II, PROJECT NO. 110111, ACCOUNT CODE NO. 280910.6.840. CA.14 04-01124 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA. CA.15 04-01247 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY EDUARDO BADELL, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $70,000 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 EDUARDO BADELL V. CITY OF MIAMI, ET AL., IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 04-21908-CIV-HUCK, UPON EXECUTING A GENERAL RELEASE OF 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. City ofMiami Page 10 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 CA.16 04-01248 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY RUBEN ORTIZ, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $490,000 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 RUBEN ORTIZ V. CITY OF MIAMI, ET AL., IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 00-3533-CIV-GOLD, UPON EXECUTING A GENERAL RELEASE OF 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. CA.17 04-01258 DISCUSSION ITEM ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. END OF CONSENT AGENDA City ofMiami Page 11 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 04-01281 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "DR. MARTIN LUTHER KING JR. RECLAIM THE DREAM INITIATIVE" ("FUND"); ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $50,000, FROM THE SPECIAL REVENUE FUND ENTITLED "POVERTY INITIATIVE;" DIRECTING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO ESTABLISH SAID FUND FOR THE REVENUE AND EXPENDITURE INDEX AS A COST CENTER ENTITLED: "DR. MARTIN LUTHER KING JR. COMMERCIAL FAQADE PROJECT" COMMENCING IN FISCAL YEAR 2004-2005, FOR SAID PROJECT. M.2 04-01205 RESOLUTION Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A Manny Diaz NEW SPECIAL REVENUE FUND ENTITLED: "MIAMI'S LEARNING ZONE GRANT AWARD" FOR FUNDING THE 21ST CENTURY COMMUNITY LEARNING CENTER PROGRAM AT HOLMES ELEMENTARY SCHOOL, LOCATED AT 1175 NORTHWEST 67TH STREET, MIAMI, FLORIDA; APPROPRIATING FUNDS IN THE AMOUNT OF $38,750, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENT(S), TO IMPLEMENT ACCEPTANCE OF SAID GRANT. City ofMiami Page 12 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 M.3 03-0301 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO ESTABLISH AN ENDOWMENT FUND WITH DADE COMMUNITY FOUNDATION, INC., FOR THE DONATION OF FUNDS FOR A HEART OF OUR PARKS ENDOWMENT FUND, TO BENEFIT CHARITABLE PROGRAMS, ACTIVITIES AND SERVICES TO THE CITY OF MIAMI'S ("CITY") PARKS, UNDER THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT; DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO TRANSFER FUNDS THAT THE CITY HAS ALREADY COLLECTED TOWARDS THE ENDOWMENT OF THE FUND. DATE: DECEMBER 18, 2003 ACTION: DEFERRED City ofMiami Page 13 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ City ofMiami Page 14 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 04-01257 DISCUSSION ITEM DISCUSSION CONCERNING AN AWARD OF BID FOR FLAGLER STREET PROJECT. D2.2 04-01270 DISCUSSION ITEM District 2- DISCUSSION CONCERNING HISTORIC PRESERVATION AND Commissioner Marc ARCHEOLOGICAL ZONES. David Sarnoff City ofMiami Page 15 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 DISTRICT 3 CHAIRMAN JOE SANCHEZ City ofMiami Page 16 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 D4.1 04-01252 District 4- Commissioner Tomas Regalado D4.2 04-01251 District 4- Commissioner Tomas Regalado D4.3 04-01261 District 4- Commissioner Tomas Regalado D4.4 04-01263 District 4- Commissioner Tomas Regalado DISTRICT 4 COMMISSIONER TOMAS REGALADO RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A DONATION OF FUNDS, IN THE AMOUNT OF $1,000, TO THE FLORIDA MEMORIAL COLLEGE SCHOLARSHIP FUND, IN HONOR OF INEZ WILCOX; ALLOCATING $500 FROM THE DISTRICT 4 OFFICE BUDGET NON -DEPARTMENTAL ACCOUNT NO. 001000.920919.6.930, AND $500 FROM DISTRICT 5 OFFICE BUDGET ACCOUNT NO. 001000.210701.6. 930. DISCUSSION ITEM DISCUSSION ABOUT THE MIAMI RESIDENT VEHICLE STORAGE PROGRAM. DISCUSSION ITEM DISCUSSION ABOUT IMPLEMENTING MEASURES TO NOTIFY REAL ESTATE COMPANIES ABOUT PROPERTIES WITH ACTIVE CODE ENFORCEMENT CASES. 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. City ofMiami Page 17 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN City ofMiami Page 18 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PUBLIC HEARING PH.1 04-01232 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Fire Rescue (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 REPAIR SERVICES FOR ONE (1) 2001 TELESQURT (PUMPER/AERIAL LADDER) FIRE -RESCUE 8 VEHICLE FOR THE DEPARTMENT OF FIRE -RESCUE, FROM AMERICAN LAFRANCE MEDIC MASTER, THE SOLE SOURCE MANUFACTURER, IN AN AMOUNT NOT TO EXCEED $34,014.41, WITH A CONTINGENCY RESERVE OF AN AMOUNT NOT TO EXCEED $1,000, FOR A TOTAL AMOUNT NOT TO EXCEED $35,014.41; ALLOCATING FUNDS FROM THE DEPARTMENT OF FIRE -RESCUE SPECIAL REVENUE FUND, PROJECT NO. 109001, ACCOUNT CODE NO. 280905.6.840. PH.2 04-01234 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DECLARE SURPLUS CERTAIN CITY -OWNED PROPERTY LOCATED AT 779 NORTHWEST 57TH STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH PROGRESSIVE VISION COMMUNITY DEVELOPMENT CORPORATION, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, TO UNDERTAKE THE DEVELOPMENT OF FOUR (4) CONDOMINIUM UNITS, AFFORDABLE TO VERY LOW, LOW AND/OR MODERATE -INCOME FAMILIES AND/OR INDIVIDUALS AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS STATED HEREIN AND THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE SOLELY AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY TO EFFECT THE SALE IN AN EXPEDITIOUS MANNER. City ofMiami Page 19 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PH.3 04-01236 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Recreation AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT THE FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("FOCAL"), IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE AFTER -SCHOOL TUTORING, COUNSELING, AND COMPUTER EDUCATIONAL SERVICES FOR AT -RISK YOUTH AT THE CITY OF MIAMI'S MOORE PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FOCAL TO CONTINUE TO PROVIDE SAID AFTER -SCHOOL SERVICES FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005, IN AN AMOUNT NOT TO EXCEED $115,452; ALLOCATING FUNDS FROM NON -DEPARTMENTAL ACCOUNT NO. 001000.921002.6.930 FOR FISCAL YEAR 2004-2005. PH.4 04-01237 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Recreation AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF PARKS AND RECREATION THAT BELAFONTE TACOLCY CENTER, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("BTC") IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE THE SPORTS DEVELOPMENT PROGRAM AT THE CITY'S BELAFONTE TACOLCY PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BTC TO CONTINUE TO PROVIDE SAID SPORTS DEVELOPMENT PROGRAM FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005, IN AN AMOUNT NOT TO EXCEED $86,675; ALLOCATING FUNDS FROM NON -DEPARTMENTAL ACCOUNT NO. 001000.921002.6.930 FOR FISCAL YEAR 2004-2005. City ofMiami Page 20 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PH.5 04-01137 ORDINANCE PUBLIC HEARING Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Public Works CHAPTER 54/ARTICLE IV/SECTION 54-130 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/NAMING OF STREETS AND NUMBERING OF BUILDINGS/NAMES OF DRIVES AND ROADS," BY CHANGING THE NAME OF SOUTHWEST 15TH ROAD BETWEEN SOUTHWEST 11TH STREET AND BRICKELL AVENUE TO BROADWAY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE HEREIN DESIGNATED AGENCIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. DATE: OCTOBER 28, 2004 ACTION: DEFERRED PH.6 04-01241 ORDINANCE EMERGENCY ORDINANCE Department of (4/STHS VOTE) Public Works AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE FRANCHISE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND NUI UTILITIES, INC., D/B/A NUI CITY GAS COMPANY OF FLORIDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City ofMiami Page 21 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 3:00 P.M. PH.7 04-01238 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE TOTAL AMOUNT OF $80,513, FROM CDBG RESERVE; ALLOCATING SAID FUNDS IN THE AMOUNT OF $25,000, TO CATHOLIC CHARITIES OF THE ARCHDIOCESES OF MIAMI, INC./GESU MEAL CENTER, AND THE AMOUNT OF $55,513, TO CATHOLIC CHARITIES OF THE ARCHDIOCESES OF MIAMI, INC./ SERVICES FOR THE ELDERLY (CLAUDE PEPPER CENTER) TO PROVIDE CONTINUAL MEAL SERVICES FOR PARTICIPANTS ALREADY ENROLLED IN THE ELDERLY PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT(S) TO THE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID AGENCIES. PH.8 04-01239 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOUSING Development OPPORTUNITIES FOR PERSONS WITH AIDS FUNDS, IN THE AMOUNT OF $656,250, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT 29TH YEAR EMERGENCY RENTAL MORTGAGE & UTILITY ASSISTANCE PROGRAM; ALLOCATING SAID FUNDS TO THE LONG TERM TENANT -BASED RENTAL SUBSIDY PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT(S) TO THE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S),WITH SAID AGENCIES. PH.9 04-01240 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A Community GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND Development URBAN DEVELOPMENT, IN THE AMOUNT OF $3,000,000, FOR THE MIAMI UNLEADED PROGRAM FOR FISCAL YEAR 2004-2005, TO PROVIDE A COMPREHENSIVE APPROACH TO LEAD HAZARD CONTROL IN THE CITY OF MIAMI, BY MAKING IT A PART OF EVERY REHABILITATION, RENOVATION, AND REPAIR UNIT BUILT BEFORE 1978, WHERE LEAD -BASED PAINT IS PRESENT; DIRECTING THE CITY MANAGER TO REQUEST AN ORDINANCE OF THE CITY COMMISSION TO INCREASE THE DEPARTMENT OF COMMUNITY DEVELOPMENT'S TABLE OF ORGANIZATION, ADDING SIX FULL-TIME UNCLASSIFIED EMPLOYEES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. City ofMiami Page 22 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PH.10 04-01265 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE AMOUNT OF $750,000, FROM THE CITY OF MIAMI ("CITY") DEPARTMENT OF CAPITAL IMPROVEMENT PROJECTS; ALLOCATING SAID FUNDS TO THE CITY'S DEPARTMENT OF OFF-STREET PARKING FOR CONSTRUCTION COSTS NEEDED TO MEET AMERICANS WITH DISABILITIES ACT REQUIREMENTS FOR THE GUSMAN THEATRE FOR THE PERFORMING ARTS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY. PH.11 04-01266 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE AMOUNT OF $2,000,000, FROM CLOSED OUT ACTIVITIES; ALLOCATING SAID FUNDS TO GOODWILL INDUSTRIES OF SOUTH FLORIDA, INC. ("GOODWILL") FOR THE ACQUISITION OF GRAYBAR, A BUILDING LOCATED ADJACENT TO GOODWILL'S HEADQUARTERS, TO CREATE JOB EMPLOYMENT OPPORTUNITIES FOR CITY OF MIAMI RESIDENTS AND INCREASE ECONOMIC GROWTH IN THE ALLAPATTAH AREA; TO GUARANTEE THE ALLOCATION OF 2005 CDBG FUNDS, IN THE AMOUNT OF $1,015,000, TO DISTRICT 5 CAPITAL IMPROVEMENT PROJECTS, UNLESS FUNDS BECOME AVAILABLE PRIOR TO THE 2005 CDBG ALLOCATION (DUE TO CLOSING OF CONTRACTS), THEN SAID FUNDS ARE TO BE AWARDED TO DISTRICT 5; AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN AGREEMENT FOR SAID PURPOSE. PH.12 04-01278 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE TOTAL AMOUNT OF $100,000, FROM THE AGENCIES AND IN THE AMOUNTS AS SET FORTH ON THE LIST, ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS TO THE RAFAEL HERNANDEZ HOUSING & ECONOMIC DEVELOPMENT CORPORATION TO PROVIDE TECHNICAL ASSISTANCE TO INDIVIDUAL BUSINESSES WITHIN THE WYNWOOD ART COMMUNITY AND CREATE JOBS FOR RESIDENTS CITYWIDE; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY. City ofMiami Page 23 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 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 04-00740 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE VI/SECTION 62-159 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING AND PLANNING FEES/WAIVER OF FEES," TO ALLOW FOR WAIVER OF VARIANCE FEES IN INSTANCES WHEN A VARIANCE IS SOUGHT BY AN OWNER AT THE WRITTEN REQUEST OF THE CITY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. DATE: SEPTEMBER 9, 2004 MOVER: COMMISSIONER GONZALEZ SECONDER: VICE CHAIRMAN SANCHEZ VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND TEELE ACTION: PASSED ON FIRST READING SR.2 04-01136 ORDINANCE SECOND READING Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Public Works CHAPTER 55/SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS/VACATION AND CLOSURE OF RIGHTS OF -WAY AND PLATTED EASEMENTS BY PLAT" TO ELIMINATE THE TIME RESTRICTIONS FOR SUBMISSION OF AN APPLICATION FOR THE ALTERNATIVE METHOD FOR CLOSURE OF ALLEYS ABUTTING PARCELS OF LAND ZONED R-1 AND/OR R-2; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. DATE: OCTOBER 28, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER ALLEN VOTE: AYES: 4 - COMMISSIONER WINTON, SANCHEZ, REGALADO AND ALLEN ABSENT: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING SR.3 04-01165 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "ADMINISTRATION/DEPARTMENTS/PUBLIC WORKS DEPARTMENT," TO PROVIDE FOR A NEW PARAGRAPH TO SECTION 2-267 ENTITLED "SAME -ENUMERATION," TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE AND ISSUE LICENSE AGREEMENTS, IN A FORM City ofMiami Page 24 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 ACCEPTABLE TO THE CITY ATTORNEY, WITH WILLING PROPERTY OWNERS FOR MINIMAL IMPROVEMENTS TO THEIR PROPERTY WHEN REQUIRED IN CONNECTION WITH RIGHT-OF-WAY IMPROVEMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. DATE: OCTOBER 28, 2004 MOVER: COMMISSIONER WINTON SECONDER: VICE CHAIRMAN GONZALEZ VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND ALLEN ACTION: PASSED ON FIRST READING City ofMiami Page 25 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 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. FR.1 04-01055 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI ("CITY") CAPITAL IMPROVEMENTS PROGRAM'S 2004-2005 MULTI -YEAR CAPITAL PLAN, ATTACHED AND INCORPORATED, AS REQUIRED BY SECTION 163.3177, FLORIDA STATUTES (2004) AND CHAPTER 18, ARTICLE IX, DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO SET FORTH THE CITY'S FISCAL NEEDS FOR CAPITAL IMPROVEMENTS, SUBJECT TO AN ANNUAL REVIEW OF SAID CAPITAL PLAN TO DETERMINE PROJECT PRIORITIES AND TO MODIFY FUNDING ALLOCATIONS, AS NECESSARY. Item FR.1 is a companion item to Item FR.2 FR.2 04-00994 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING APPROPRIATIONS FOR NEW CAPITAL IMPROVEMENT PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2004-2005 AND CONTINUING PREVIOUSLY APPROVED PROJECTS; APPROPRIATING GRANT FUNDS IN THE AMOUNT OF $564,968 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY INTO CAPITAL IMPROVEMENTS PROJECT NO. 311717, ENTITLED: "FLEET MAINTENANCE GARAGE WIND RETROFIT" AND GRANT FUNDS IN THE AMOUNT OF $5,000 FROM THE UNITED STATES TENNIS ASSOCIATION INTO CAPITAL IMPROVEMENTS PROJECT NO. 333109, ENTITLED: "BRYAN PARK IMPROVEMENTS;" AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANTS AND TO EXECUTE ALL NECESSARY DOCUMENTS, FOR SAID PURPOSES, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Item FR.2 is a companion item to Item FR.1 City ofMiami Page 26 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 FR.3 04-01233 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION SUNSETTING THE FOLLOWING BOARDS: BROWNSFIELDS ADVISORY BOARD, THE ECONOMIC DEVELOPMENT FINANCING AUTHORITY, THE INDEPENDENT COMMUNITY REDEVELOPMENT AGENCY, THE UNITED STATES HOUSING AND URBAN DEVELOPMENT FUNDING POLICY, PROGRAM AND PROCEDURES REVIEW COMMITTEE, THE PROPERTY AND ASSET REVIEW COMMITTEE, THE LITTLE HAVANA FESTIVAL COMMITTEE AND THE AFFORDABLE HOUSING ADVISORY BOARD; MORE PARTICULARLY BY AMENDING CHAPTERS 2, 18, 14 AND 54, OF THE CODE OF THE CITY OF MIAMI, FLORIDA , AS AMENDED, AS STATED HEREIN; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. FR.4 04-01242 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, MORE PARTICULARLY BY AMENDING SECTION 617.2.2.2 (1) (b) TO CHANGE THE AMOUNT CHARGED FOR PARKING FEES IN THE SD-17 OVERLAY DISTRICT, WHERE BONUS PARKING IS PERMITTED, FROM PREVAILING RATES FOR PUBLIC METERED PARKING IN THE VICINITY, AS ESTABLISHED BY THE MIAMI DEPARTMENT OF OFF-STREET PARKING TO A SET AMOUNT; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 2, 2005 by a vote of 6-0. PURPOSE: This will change the amount charged for parking fees in the SD-17 South Bayshore Drive Overlay District. City ofMiami Page 27 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 RESOLUTIONS RE.1 04-01243 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 QUALIFICATIONS NO. 03-04-031, THAT THE FIRMS MOST QUALIFIED TO PROVIDE A MASTER PLAN FOR THE COCONUT GROVE WATERFRONT ARE, IN RANK ORDER: (1) SASAKI ASSOCIATES, INC., AND (2) EDSA, INC.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH SASAKI ASSOCIATES, INC. AND TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM, EDSA, INC., SHOULD NEGOTIATIONS FAIL WITH THE TOP -RANKED FIRM; DIRECTING THAT THE NEGOTIATED AGREEMENT BE PRESENTED TO THE CITY COMMISSION FOR CONSIDERATION. RE.2 04-01244 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE STEERING COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL NO. 03-04-151, THAT THE FIRMS RECOMMENDED FOR NEGOTIATIONS TO PROVIDE ENTERPRISE RESOURCE PLANNING ("ERP") SOFTWARE SYSTEM INTEGRATOR CONSULTING SERVICES ARE, IN RANK ORDER: (1) SOLBOURNE COMPUTER, INC. ("SOLBOURNE"), AND (2) ANSWERTHINK, INC. ("ANSWERTHINK"); AUTHORIZING THE CITY MANAGER TO EXECUTE AN ERP SOFTWARE SYSTEM INTEGRATOR AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH SOLBOURNE, THE TOP -RANKED FIRM, IN AN AMOUNT NOT TO EXCEED $7,000,000; ALLOCATING FUNDS FROM THE ERP CAPITAL IMPROVEMENTS PROJECT ("CIP") ACCOUNT CODE NO. 311613, THE OPERATING BUDGETS OF THE DEPARTMENT OF INFORMATION TECHNOLOGY, VARIOUS DEPARTMENTS AND AGENCIES CITYWIDE AND FROM VARIOUS CIP ACCOUNTS, SUBJECT TO BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND -RANKED FIRM, ANSWERTHINK, SHOULD SOLBOURNE AND THE CITY OF MIAMI FAIL TO IMPLEMENT THE AGREEMENT APPROVED HEREIN. RE.3 04-01231 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE TOTAL COMPENSATION TO DAVISLOGIC INC., D/B/A ALL HANDS CONSULTING ("DAVISLOGIC"), APPROVED BY RESOLUTION NO. 03-190, ADOPTED FEBRUARY 27, 2003, AMENDED BY RESOLUTION NO. 03-1085, ADOPTED OCTOBER 9, 2003, FURTHER AMENDED BY RESOLUTION NO. 04-0334, ADOPTED MAY 27, 2004, IN AN AMOUNT NOT TO EXCEED $730,656, FROM $1,856,693 TO $2,587,349, TO City ofMiami Page 28 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 PROVIDE PART E SERVICES, AND ANY OTHER ADDITIONAL SERVICES CONSISTENT WITH THE OVERALL SCOPE OF WORK, FOR COMPREHENSIVE EMERGENCY PLANNING AND TERRORISM PREPAREDNESS PLANNING AND TRAINING SERVICES FOR THE DEPARTMENT OF FIRE -RESCUE AND ALL OTHER CITY OF MIAMI DEPARTMENTS INVOLVED IN THE URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM III, SUBJECT TO CERTAIN LIMITATIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT BETWEEN THE CITY OF MIAMI AND DAVISLOGIC; AMENDING RESOLUTION NO. 04-0334 TO REFLECT SAID INCREASE(S); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS PROVIDING FOR FURTHER INCREASES TO THE EXISTING AGREEMENT WHICH DO NOT EXCEED THE TOTAL COMPENSATION OF $2,587,349, BY MORE THAN TEN PERCENT (10%); ALLOCATING FUNDS FOR SAID INCREASE(S) FROM THE UASI PROGRAM III FISCAL YEAR 2004, SUBJECT TO BUDGETARY APPROVAL. RE.4 04-01249 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE REPAIR, MAINTENANCE AND INSTALLATION OF ROADWAY SYSTEMS ON AN AS -NEEDED CONTRACT BASIS, FROM WEEKLEY ASPHALT PAVING, INC., FOR THE DEPARTMENT OF CAPITAL IMPROVEMENT, UTILIZING EXISTING BROWARD COUNTY BID CONTRACT, NO. H-9-03-242-B1, EFFECTIVE THROUGH APRIL 27, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY BROWARD COUNTY, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE-YEAR PERIOD, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $20,000,000, INCLUDING ANY RENEWAL(S), FOR THE TERM OF THE CONTRACT; ALLOCATING FUNDS FROM VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS, SUBJECT TO BUDGETARY APPROVAL, WITH FUNDING FROM SAID ACCOUNTS FOR FUTURE FISCAL YEARS, SUBJECT ONLY TO BUDGETARY APPROVAL. City ofMiami Page 29 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 RE.5 04-01277 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO UPHOLD THE PROTEST OF WILLIAMS PAVING COMPANY, INC., RESCINDING THE CITY MANAGER'S DECISION TO REJECT ALL BIDS, AND DEEMING WILLIAMS PAVING COMPANY, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "NORTHWEST 14TH STREET IMPROVEMENT PROJECT (THIRD BIDDING) FROM NORTHWEST 34TH AVENUE TO NORTHWEST 22ND AVENUE," PROJECT NO. B-50686, BID NO. 03-04-129. Item RE.5 is a companion item to Item RE.6 RE.6 04-01250 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF WILLIAMS PAVING COMPANY, INC., FOR THE PROJECT ENTITLED "NORTHWEST 14TH STREET IMPROVEMENT PROJECT, B-50686," IN THE TOTAL AMOUNT NOT TO EXCEED $1,936,116; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 311711, IN THE AMOUNT NOT TO EXCEED $600,000 AND CIP NO. 341183, IN THE AMOUNT NOT TO EXCEED $1,336,116, FOR CONTRACT COSTS AND AN AMOUNT NOT TO EXCEED $265,000 FROM CIP NO. 341183, FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL CONSTRUCTION COSTS NOT TO EXCEED $2,201,116, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. Item RE.6 is a companion item to Item RE.5 City ofMiami Page 30 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 RE.7 04-01164 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ADORNO & YOSS, P.A. TRUST ACCOUNT, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $7,000,000 (SEVEN MILLION DOLLARS) AS FOLLOWS: $3,500,000, TO BE PAID NO LATER THAN DECEMBER 5, 2004 AND $3,500,000, TO BE PAID NO LATER THAN DECEMBER 5, 2005, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE "REFUND" PORTION OF THE NAGYMIHALY, ET AL V. THE CITY OF MIAMI, IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 98-11208 CA-01, UPON EXECUTING A GENERAL RELEASE OF 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. 109001.280905.9.952. DATE: OCTOBER 28, 2004 ACTION: DEFERRED RE.8 04-01274 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT Attorney (S), AMENDING RESOLUTION NO. 04-0427, ADOPTED JUNE 24, 2004, BY AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED BILL OF SALE FOR BUS SHELTERS AND MUTUAL RELEASES, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH CLEAR CHANNEL OUTDOOR, INC. City ofMiami Page 31 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 BC.1 03-0234 Office of the City Clerk BC.2 04-01098 Office of the City Clerk BC.3 04-01200 Office of the City Clerk BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Joe Sanchez DATE: DECEMBER 18, 2003 ACTION: DEFERRED DATE: FEBRUARY 12, 2004 ACTION: DEFERRED DATE: JUNE 24, 2004 ACTION: DEFERRED DATE: SEPTEMBER 9, 2004 ACTION: DEFERRED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Miguel Seco Vice Chairman Angel Gonzalez Luis Penelas Commissioner Tomas Regalado RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Angel Gonzalez Vice Chairman Angel Gonzalez Commissioner Johnny Winton City ofMiami Page 32 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 BC.4 04-01201 Office of the City Clerk Commissioner Johnny Winton Commissioner Tomas Regalado Commissioner Tomas Regalado Chairman Joe Sanchez Chairman Joe Sanchez Commissioner Jeffery Allen Commissioner Jeffery Allen Mayor Manuel Diaz RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Angel Gonzalez Commissioner Jeffery Allen Mayor Manuel Diaz BC.5 04-01202 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Jeffery Allen Commissioner Jeffery Allen Chairman Joe Sanchez Chairman Joe Sanchez City ofMiami Page 33 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 2004 BC.6 04-01216 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Angel Gonzalez (Regular Member, unexpired term ending February 12, 2006) Commission At -Large (Alternate Member, unexpired term ending February 13, 2007) City ofMiami Page 34 Printed on 3/11/2008 City Commission Meeting Agenda November 18, 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 04-01157 DISCUSSION ITEM DISCUSSION CONCERNING THE CIVILIAN INVESTIGATIVE PANEL (CIP) MONTHLY STATUS REPORT. DATE: OCTOBER 28, 2004 ACTION: DEFERRED DI.2 04-01246 DISCUSSION ITEM A DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. City ofMiami Page 35 Printed on 3/11/2008