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HomeMy WebLinkAboutCC 2005-09-08 Marked AgendaCity of Miami Marked Agenda 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 Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Thursday, September 8, 2005 9:00 AM City Hall Commission Chambers CONTENTS Items may be heard in the numbered sequence or as announced by the Commission PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA Item 1 which is comprised of items CA.1 through CA.22 may be heard in the number sequence or as announced by the Commission 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 10:30 A.M. - PH.8 - Convey parcels of land to Rafael Hernandez & Housing & Eco. Dev. Corp. 10:30 A.M. - PH.9 - Transferring Program Income Funds to Commercial Facade Program EM - EMERGENCY ORDINANCES City of Miami Page 1 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS The Planning and Zoning items shall not be considered before 10:00 am. City of Miami Page 2 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 The minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later..]" refers to discussions that were interrupted and later continued. 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez, Commissioner Regalado and Commissioner Allen On the 8th day of September 2005, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Joe Sanchez at 9:37 a.m., with Commissioner Allen absent and coming in at 9:40 a.m., recessed at 12:38 p.m., reconvened at 3:13 p.m. , recessed at 3:58, reconvened at 5:16 p.m., recessed at 8:27 p.m., reconvened at 10:15 a.m. on Friday, September 9, 2005, and adjourned at 10:45 a.m. ALSO PRESENT: Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 05-00964 CEREMONIAL ITEM Name of Honoree Presenter Protocol Item Christina Abrams Mayor Diaz Commendation International Association of Firefighters Week Mayor Diaz Proclamation City of Miami Purchasing Department Glenn Marcos Mike Rath Maria Abijalil Sara Gonzalez Pam Burns Deborah Buchanan -Dixon Adolphus Fifer Maritza Suarez Melba Thomas Ramon Berges Joyann Major Stephanie Jones Aimee Gandarilla Terry Byrnes Anita Moore Scott Dempster Yusbel Gonzalez Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Uniroyal Soccer Program Commissioner Gonzalez Commendation Suited for Success Tie Drive Kick Off Mayor Diaz & Commissioners 05-00964 Cover Page.pdf 05-00964 Protocol List.pdf Mayor Diaz and the Commissioners presented a Commendation to Christina Abrams for her exceptional tenure with the City of Miami. Mayor Diaz presented Certificates of Merit to 17 employees in the City of Miami Purchasing City of Miami Page 3 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 Department for receiving the 2005 Achievement in Excellence of Procurement Award, one of ten departments in the country to receive said award. Certificates were presented to the following employees: Glenn Marcos, Mike Rath Maria Aijalil, Sara Gonzalez, Pam Burns, Deborah Buchanan -Dixon, Adolphus Fifer, Martiza Suarez, Melba Thomas, Ramon Berges, Joyann Major, Stephanie Jones, Aimee Gandarilla, Terry Byrnes, Anita Morre, Scott Dempster, and Yusbel Gonzalez. Commissioner Gonzalez presented a Commendation and a Salute to the Uniroyal Youth Soccer Program, sponsors of inner-city youth soccer programs, for demonstrating committment to healthy sports competition in the City of Miami. Commissioner Winton presented a Proclamation to the City of Miami Firefighters in recognition of the International Association of Firefighters Week. The Mayor & Commissioners announced and donated ties to the Suited for Success Tie Drive Kick Off, which takes place through September 16, 2005. 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.) NO MAYORAL VETOES APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: August 22, 2002 (Continuation of Planning and Zoning Meeting of July 25, 2002) Regular and Planning and Zoning Meeting of November 19, 2002 Regular and Planning and Zoning Meeting of December 12, 2002 Regular Meeting of January 9, 2003 Planning and Zoning Meeting of January 23, 2003 Regular Meeting of February 13, 2003 Regular Meeting of July 7, 2005 Planning and Zoning Meeting of July 28, 2005 ORDER OF THE DAY MOVED: Johnny L. Winton SECONDED: Angel Gonzalez UNANIMOUS Motion to APPROVED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, with Chairman Sanchez absent, to recess the Commission meeting at 3:59 p.m. in order to hold a meeting of the Midtown Community Redevelopment Agency. City of Miami Page 4 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 [The Commission meeting was reconvened at 5:16 p.m.] CONSENT AGENDA CA.1 05-00824 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney CONTINUED 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 $40,000, 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. 05-00824 Cover Memo.pdf 05-00824 Budget Memo.pdf 05-00824 Legislation.pdf R-05-0501 This Matter was ADOPTED on the Consent Agenda. CA.2 05-00890 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE MUTUAL AID AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND PARTICIPATING MUNICIPALITIES, TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO NATURAL AND MANMADE DISASTERS OR EMERGENCIES AS DEFINED IN PART 1, CHAPTER 23, OF THE FLORIDA STATUTES. 05-00890-Legislation.pdf 05-00890-Summary Form.pdf 05-00890-Voluntary Agreement.pdf R-05-0502 This Matter was ADOPTED on the Consent Agenda. CA.3 05-00891 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Economic ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Development COVENANT RUNNING WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE FOR: 1) LIMITATIONS ON THE USE OF THE LAND AS AN OUTDOOR RECREATION AREA FOR USE BY THE GENERAL PUBLIC IN PERPETUITY; AND 2) PENALTIES FOR USE OF THE LAND IN A MANNER INCONSISTENT WITH AN OUTDOOR RECREATION AREA FOR USE BY THE GENERAL PUBLIC; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID COVENANT. City of Miami Page 5 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 05-00891 Legislation.pdf 05-00891Exhibit 1.pdf 05-00891 Exhibit 2..pdf 05-00891 Exhibit 3.pdf 05-00891 Exhibit 4.pdf 05-00891 Exhibit 5.pdf 05-00891 Summary Form.pdf R-05-0503 This Matter was ADOPTED on the Consent Agenda. CA.4 05-00892 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A Conferences, CONTRIBUTION OF FUNDS IN THE TOTAL AMOUNT OF $29,981, FROM Conventions and THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION; Public Facilities ALLOCATING SAID FUNDS FOR THE REPLACEMENT OF THREE CHANNEL MARKER PLATFORMS FOR BRENNAN'S CHANNEL AT DINNER KEY MARINA. 05-00892 Legislation.pdf 05-00892 Summary Form.pdf 05-00892 Letter from FI Fish & Wildlife Commission.pdf 05-00892 Grant Proposal Cover Page.pdf 05-00892Letter from Grants Administrator.pdf 05-00892 Improvement Project.pdf 05-00892 Boating Infrastructure Grant Appl..pdf 05-00892 Appl. for Federal Assistance.pdf 05-00892 Boating Infrastructure Project.pdf 05-00892 Previous Legislation.pdf 05-00892 Previous Letter.pdf 05-00892 Memo.pdf 05-00892 Previous Zoning Board Legislation.pdf 05-00892 Maps.pdf 05-00892-Attorney Certificate of Title.pdf 05-00892 Title Search Report.pdf 05-00892 Internal Improvement.pdf 05-00892 Pictures.pdf 05-00892 Maps 2.pdf R-05-0504 This Matter was ADOPTED on the Consent Agenda. CA.5 05-00893 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Fire -Rescue INCREASE IN THE CONTRACT AWARDED TO HACKNEY EMERGENCY VEHICLES, PURSUANT TO RESOLUTION NO. 05-0261, ADOPTED APRIL 28, 2005, IN AN AMOUNT NOT TO EXCEED $1,012, INCREASING THE TOTAL CONTRACT AMOUNT FROM $315,202 TO $316,214, FOR THE PROCUREMENT OF ONE (1) 2006 TRT TRACTOR/TRAILER RESPONSE VEHICLE, WITH WARRANTY, FOR THE DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS FOR SAID INCREASE, FROM THE URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM II, PROJECT NO. 110111, City of Miami Page 6 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 CA.6 ACCOUNT CODE NO. 280910.6.840; AMENDING RESOLUTION NO. 05-0261, TO REFLECT SAID INCREASE. 05-00893 Legislation.pdf 05-00893 Summary Form.pdf 05-00893 Letter from Hackney.pdf 05-00893 Quote Letter.pdf 05-00893 Purchase Order.pdf 05-00893 Previous Summary Form.pdf 05-00893 Previous Award Recommendation.pdf 05-00893 Previous Tabulations.pdf 05-00893 Previous E-mail to Hackney.pdf 05-00893 Letter from Purchasing.pdf 05-00893 Letter from World Leader.pdf 05-00893 Previous Bid Security List.pdf 05-00893 Table.pdf 05-00893 Previous Master Report.pdf R-05-0515 MOVED: SECONDED: Johnny L. Winton Jeffery L. Allen Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: ABSENT: 05-00894 RESOLUTION Commissioner Winton, Sanchez, Regalado and Allen Commissioner Gonzalez Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Police INCREASE IN THE CONTRACT WITH PRE -QUALIFIED VENDORS, AS MAY BE AMENDED BY THE DEPARTMENT OF PURCHASING THROUGHOUT THE TERM OF THE CONTRACT, PURSUANT TO RESOLUTION NO. 04-0616, ADOPTED SEPTEMBER 23, 2004, FURTHER AMENDED BY RESOLUTION NO. 05-0326, ADOPTED MAY 26, 2005, FOR THE PURCHASE OF POLICE SERVICE DOGS, FOR THE DEPARTMENT OF POLICE, ON A SPOT -MARKET, AS -NEEDED CONTRACT BASIS, IN AN AMOUNT NOT TO EXCEED $7,486.76, INCREASING THE ANNUAL CONTRACT AMOUNT FROM $34,100 TO $41,586.76, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $124,760.28; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.875; AMENDING RESOLUTION NO. 05-0326, TO REFLECT SAID INCREASE. 05-00894 Legislation.pdf 05-00894 Summary Form.pdf 05-00894 Text File Report.pdf 05-00894 Master Report.pdf 05-00894 Previous Legislation.pdf 05-00894 Master Report 2.pdf 05-00894-Summary Fact Sheet.pdf R-05-0505 City of Miami Page 7 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 CA.7 05-00896 Department of Capital Improvement Programs/Transpor tation CA.8 05-00898 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE GRANT AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND ACTION COMMUNITY CENTER, INC., PURSUANT TO RESOLUTION NO. 04-0379, ADOPTED JUNE 10, 2004, FOR PUBLIC TRANSPORTATION SERVICES, CAPITAL IMPROVEMENT PROJECT ("CIP") NO. 341330, B-71201; PROVIDING FORA ONE-YEAR EXTENSION (OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006), IN AN AMOUNT NOT TO EXCEED $300,000; ALLOCATING FUNDS IN THE AMOUNT OF $300,000, FROM CIP NO. 341330; AMENDING ARTICLE 7.1 OF THE ORIGINAL AGREEMENT TO FURTHER AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENTS AND/OR MODIFICATIONS FOR ADDITIONAL ANNUAL EXTENSIONS, NOT TO EXCEED A TOTAL CONTRACT TERM OF FIVE YEARS, IN AN ANNUAL AMOUNT NOT TO EXCEED $300,000, SUBJECT TO BUDGETARY APPROVAL, WITHOUT THE NECESSITY OF FURTHER CITY COMMISSION APPROVAL. 05-00896 Legislation.pdf 05-00896 Exhibit 1.pdf 05-00896 Exhibit 2.pdf 05-00896 Exhibit 4.pdf 05-00896 Exhibit 3.pdf 05-00896 Exhibit 5.pdf 05-00896 Exhibit 6.pdf 05-00896 Exhibit 7.pdf 05-00896 Exhibit 8.pdf 05-00896 Exhibit 9.pdf 05-00896 Exhibit 10.pdf 05-00896 Summary Form.pdf 05-00896 Text File Report.pdf 05-00896 30th Yr Public Svc Policy .pdf 05-00896 Social Programs Agreement. pdf 05-00896 Charts.pdf 05-00896 Grant Agreement.pdf 05-00896 Circulator Bus Schedule.pdf 05-00896 Map.pdf 05-00896 Map 2.pdf 05-00896 Certififcate of Insurance.pdf 05-00896 Budget Bus Svcs.pdf 05-00896 Work Program Specifications.pdf 05-00896 Action Comm Ctr Reso .pdf 05-00896 Ltr from State of Florida.pdf WITHDRAWN RESOLUTION City of Miami Page 8 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 Department of Capital Improvement Programs/Transpor tation CA.9 05-00897 Department of Capital Improvement Programs/Transpor tation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH MCM CORPORATION DATED DECEMBER 10, 2004, FOR THE PROJECT ENTITLED "FLAGLER MARKETPLACE STREETSCAPE PROJECT (2ND BIDDING)," PROJECT B-40667; AMENDING SECTION 6.7 REGARDING ASSIGNMENT AND PERFORMANCE, TO ALLOW THE CONTRACT WORK TO BE ASSIGNED OR TRANSFERRED WITH PRIOR WRITTEN APPROVAL OF THE CITY ACTING THROUGH THE CITY MANAGER; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-00898 Legislation.pdf 05-00898 Exhibit 1.pdf 05-00898 Summary Form.pdf 05-00898 Master Report.pdf 05-00898 Text File Report.pdf 05-00898 Contract.pdf 05-00898 Corporate Reso.pdf R-05-0516 MOVED: SECONDED: Johnny L. Winton Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: RESOLUTION Commissioner Winton, Sanchez, Regalado and Allen Commissioner Gonzalez A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT AND ASSUMPTION OF CONSTRUCTION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MCM CORPORATION AND THE RELATED GROUP OF FLORIDA, INC., FOR THE PROJECT ENTITLED "FLAGLER MARKETPLACE STREETSCAPE PROJECT (2ND BIDDING)," PROJECT B-40667, SPECIFICALLY FOR THE PORTION OF WORK ALONG THE NORTH SIDE OF FLAGLER STREET BETWEEN BISCAYNE BOULEVARD AND NORTHEAST 3RD AVENUE, MIAMI, FLORIDA. 05-00897 Legislation.pdf 05-00897 Exhibit 1.pdf 05-00897 Exhibit 2.pdf 05-00897 Exhibit 3.pdf 05-00897 Exhibit 4.pdf 05-00897 Exhibit 5.pdf 05-00897 Summary Form.pdf R-05-0517 MOVED: SECONDED: Johnny L. Winton Jeffery L. Allen City of Miami Page 9 Printed on 9;14/2005 City Commission Marked Agenda September 8, 2005 Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: CA.10 05-00899 RESOLUTION Commissioner Winton, Sanchez, Regalado and Allen Commissioner Gonzalez Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Police OF NETWORKOMNI MULTILINGUAL COM, INC., RECEIVED ON MAY 4, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-039, FOR THE PROVISION OF LANGUAGE LINE TRANSLATION SERVICES, FOR THE DEPARTMENTS OF POLICE AND FIRE -RESCUE, ON AN AS -NEEDED BASIS, FOR AN INITIAL THREE (3) YEAR PERIOD WITH THE OPTION FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $60,000, FOR A TOTAL AMOUNT NOT TO EXCEED $300,000; ALLOCATING FUNDS FROM THE E911 OPERATING BUDGET, ACCOUNT CODE NO. 196002.290461.6.340. 05-00899 Legislation.pdf 05-00899 Summary Form.pdf 05-00899 Award Recommendation.pdf 05-00899 Tabulation of Bids.pdf R-05-0506 This Matter was ADOPTED on the Consent Agenda. CA.11 05-00900 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING Police RESOLUTION NO. 01-685, ADOPTED JULY 10, 2001, AUTHORIZING AN INCREASE IN THE CONTRACT WITH EXXON/MOBIL, ATLANTA, GEORGIA, AND ITS GASOLINE DEALERS LOCATED WITHIN THE CITY OF MIAMI QUALIFIED TO PROVIDE PREMIUM 93-OCTANE GASOLINE TO MEMBERS OF THE POLICE DEPARTMENT'S MOTORCYCLE FLEET, UTILIZING THE EXXON FLEET CREDIT CARD/SPEED PROGRAM ("PROGRAM"), IN AN AMOUNT NOT TO EXCEED $22,000, INCREASING THE ANNUAL AMOUNT FROM $20,000 TO AN AMOUNT NOT TO EXCEED $42,000; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290301.6.715. 05-00900 Legislation .pdf 05-00900 Summary Form.pdf 05-00900 Previous Legislation.pdf 05-00900 Fleet Card Application.pdf 05-00900 Review and Analysis Form.pdf 05-00900 Gasoline Card Program.pdf 05-00900 Gasoline Price Analysis.pdf 05-00900 Request for Letters of Interest.pdf 05-00900 Standard Operating Procedures. pdf 05-00900 Fuel Access Agreement 05-00900 Memo.pdf 05-00900 2nd Contract Award.pdf 05-00900 Memos 05-00900 1st Contract Award.pdf 05-00900-Summary Fact Sheet.pdf City of Miami Page 10 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 R-05-0518 MOVED: SECONDED: Johnny L. Winton Tomas Regalado Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: ABSENT: CA.12 05-00901 RESOLUTION Commissioner Winton, Sanchez, Regalado and Allen Commissioner Gonzalez Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING Planning RESOLUTION NO. 05-0185, ADOPTED MARCH 24, 2005, BY INCREASING THE AMOUNT FOR WHICH THE CITY MANAGER IS AUTHORIZED TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT FOR TOWN PLANNING/URBAN DESIGN PROFESSIONAL SERVICES FOR THE CREATION OF A LONG RANGE STRATEGIC PLAN FOR THE DEPARTMENT OF PARKS AND RECREATION, IN AN AMOUNT NOT TO EXCEED $200,000, FROM $500,000 TO $700,000; ALLOCATING FUNDS, FOR SAID INCREASE, IN THE AMOUNT NOT TO EXCEED $200,000, FROM HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BONDS AND INTEREST, FROM CAPITAL IMPROVEMENT PROJECT NO. 331419, B-35895, PARKS MASTER PLAN; FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION. 05-00901 Legislation.pdf 05-00901 Summary Form.pdf 05-00901 Previous Legislation.pdf R-05-0507 This Matter was ADOPTED on the Consent Agenda. CA.13 05-00902 RESOLUTION Department of Solid Waste A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROVISION OF DISASTER RECOVERY SERVICES, FROM GRUBBS EMERGENCY SERVICES, LLC, FOR THE PURPOSE OF PROVIDING TECHNICAL ASSISTANCE IN CASE OF DISASTER DEPLOYMENT FOR THE DEPARTMENT OF SOLID WASTE, TO BE UTILIZED CITYWIDE UNDER AN EXISTING MARION COUNTY CONTRACT NO. 01Q-017, EFFECTIVE UNTIL JUNE 8, 2010, ON AN AS -NEEDED CONTRACT BASIS, FOR A ONE-YEAR PERIOD, WHEN A NEW REQUEST FOR PROPOSALS WILL BE ISSUED BY THE CITY OF MIAMI FOR SAID SERVICES. City of Miami Page 11 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 05-00902 Legislation.pdf 05-00902 Summary Form.pdf 05-00902 Memo.pdf 05-00902 Letter from Grubbs.pdf 05-00902 Letter from Marion County.pdf 05-00902 Marion County Agenda .pdf 05-00902 June 2005 Calendar.pdf 05-00902 Marion County Agreement.pdf 05-00902 Marion County RFQ.pdf 05-00902 Letter from Grubbs 2.pdf 05-00902 Marion County Agenda Item.pdf R-05-0508 This Matter was ADOPTED on the Consent Agenda. CA.14 05-00903 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO SARAH EATON, WITHOUT THE ADMISSION OF LIABILITY, $78,849.09 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS,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. 515001.624401.661. 05-00903 Legislation.pdf 05-00903 Memo.pdf 05-00903 Budget.pdf R-05-0519 MOVED: SECONDED: Angel Gonzalez Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. AYES: NOES: CA.15 05-00905 RESOLUTION Commissioner Gonzalez, Winton, Sanchez and Allen Commissioner Regalado Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), General Services ACCEPTING THE BID OF BRUCE ROSSMEYER'S FORT LAUDERDALE Administration HARLEY-DAVIDSON, INC., RECEIVED ON JUNE 22, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-049, FOR THE LEASING OF TWENTY-FIVE (25) NEW CURRENT MODEL PRODUCTION YEAR, CERTIFIED TRAFFIC LAW ENFORCEMENT MOTORCYCLES, WITH THE OPTION TO ADD ADDITIONAL UNITS AS NECESSARY, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, TO BE UTILIZED BY THE CITY OF MIAMI DEPARTMENT OF POLICE, FOR AN INITIAL TERM OF TWENTY-FOUR (24) MONTHS, COMMENCING ON THE City of Miami Page 12 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 DATE OF DELIVERY OF THE MOTORCYCLES, FOR AN ANNUAL CONTRACT AMOUNT NOT TO EXCEED $82,500, PLUS AN ANNUAL CONTINGENCY AMOUNT NOT TO EXCEED $16,500, TO COVER COSTS ASSOCIATED WITH THE NECESSITY OF LEASING AN ESTIMATED FIVE (5) ADDITIONAL MOTORCYCLE UNITS, FOR A TOTAL AMOUNT DURING THE INITIAL TERM NOT TO EXCEED $198,000 AND AN OPTION TO EXTEND FOR A TWO-YEAR PERIOD, UNDER THE SAME TERMS AND CONDITIONS; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $198,000, FOR THE INITIAL TERM, FROM CAPITAL IMPROVEMENT PROJECT NO. 311850.429401.6.880, B-74221, WITH FUTURE FUNDING SUBJECT TO THE AVAILABILITY AND APPROPRIATION OF FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A MOTORCYCLE LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-00905 Lgislation.pdf 05-00905 Exhibit 1.pdf 05-00905 Summary Form.pdf 05-00905 Award Recommendation.pdf 05-00905 Bid Tabulation.pdf 05-00905 Award Sheet.pdf 05-00905 Bid Security List.pdf 05-00905 Purchasing Letter.pdf 05-00905 Memo Requesting Addl Motorcycles.pdf 05-00905 Leasing Motorcycles.pdf 05-00905 Specifications.pdf R-05-0509 This Matter was ADOPTED on the Consent Agenda. CA.16 05-00906 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Finance RECEIVED JULY 11, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-096, FROM HIRONS ASSOCIATES, INC., D/B/A HIRONS AND ASSOCIATES, INC., FOR THE PROVISION OF ASSET INVENTORY, TAGGING AND APPRAISAL SERVICES OF MACHINERY AND EQUIPMENT, FOR THE DEPARTMENT OF FINANCE, AT AN ESTIMATED CONTRACT AMOUNT OF $64,000, SUBJECT TO INCREASES BASED ON THE ACTUAL NUMBER OF ASSETS AND BUDGETARY APPROVAL; ALLOCATING FUNDS FROM THE GENERAL FUND, ACCOUNT CODE NO. 001000.260201.6.840 . 05-00906 Legislation.pdf 05-00906 Summary Form.pdf 05-00906 Award Recommendation.pdf 05-00906 Tabulation of Bids.pdf 05-00906 Bid Security List.pdf R-05-0510 This Matter was ADOPTED on the Consent Agenda. CA.17 05-00907 RESOLUTION City of Miami Page 13 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND Recreation ENTITLED: "OUT -OF -SCHOOL TIME SNACK PROGRAM" AND APPROPRIATING FUNDS FOR ITS OPERATION, IN THE AMOUNT NOT TO EXCEED $206,388, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF HEALTH, BUREAU OF CHILD NUTRITION PROGRAMS, CHILD CARE FOOD PROGRAM, ADMINISTERING UNITED STATES DEPARTMENT OF AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM (CFDA NO. 10.558), FOR THE PROVISION OF FOOD TO THE PARTICIPANTS IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2005-2006, OUT -OF -SCHOOL TIME SNACK PROGRAM LOCATED IN VARIOUS CITY PARKS, FOR THE PERIOD OF OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006, ON A REIMBURSEMENT BASIS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO PROVIDE ALL OTHER NECESSARY DOCUMENTATION IN ORDER TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT. 05-00907 Legislation.pdf 05-00907 Exhibit 1.pdf 05-00907 Exhibit 2.pdf 05-00907 Exhibit 3.pdf 05-00907 Exhibit 4.pdf 05-00907 Exhibit 5.pdf 05-00907 Exhibit 6.pdf 05-00907 Summary Form.pdf R-05-0511 This Matter was ADOPTED on the Consent Agenda. CA.18 05-00908 RESOLUTION Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHWEST 25TH AVENUE FROM SOUTHWEST 21ST TERRACE TO SOUTHWEST 22ND STREET, MIAMI, FLORIDA, AS "AVENIDA JOSEFINA P. CASTANO;" FURTHER DIRECTING THE CITY MANAGER TO COMPLY WITH THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS STATED HEREIN AND TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 05-00908 Legislation.pdf 05-00908 Summary Form.pdf R-05-0512 This Matter was ADOPTED on the Consent Agenda. CA.19 05-00909 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Purchasing INCREASE IN THE CONTRACT WITH VARIOUS VENDORS, FOR THE PROCUREMENT OF VEHICLES, TRUCKS, VANS AND OTHER EQUIPMENT, UTILIZING EXISTING CONTRACTS, PURSUANT TO FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES AND FLORIDA FIRE City of Miami Page 14 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 CHIEFS' ASSOCIATION BID NOS. 04-12-0823 AND 04-05-0824, EFFECTIVE THROUGH SEPTEMBER 30, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS, PURSUANT TO RESOLUTION NO. 05-215, ADOPTED APRIL 14, 2005, IN AN ANNUAL AMOUNT NOT TO EXCEED $125,000, INCREASING THE TOTAL ANNUAL AMOUNT FROM $1,300,000 TO $1,425,000; ALLOCATING FUNDS FOR FISCAL YEAR 2004-2005, FROM THE GENERAL OPERATING BUDGETS AND GRANTS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. 05-00909 Legislation.pdf 05-00909 Summary Form.pdf 05-00909 Text File Report.pdf 05-00909 Bid Award Announcement.pdf 05-00909 Bid Award Announcement 2.pdf R-05-0520 MOVED: SECONDED: Johnny L. Winton Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: CA.20 05-00910 RESOLUTION Commissioner Gonzalez, Winton, Sanchez and Regalado Commissioner Allen Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Information ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE AMOUNT OF Technology COMPENSATION PAYABLE TO BLACKWELL CONSULTING LLC, PURSUANT TO A PROFESSIONAL SERVICES AGREEMENT, FOR THE PROVISION OF BUSINESS PROCESS REENGINEERING SERVICES AND SUBJECT MATTER EXPERTS, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY ("ITD"), PURSUANT TO RESOLUTION NO. 03-1140, ADOPTED NOVEMBER 13, 2003, IN AN AMOUNT NOT TO EXCEED $500,000, INCREASING THE TOTAL AMOUNT OF THE AGREEMENT FROM $2,875,000 TO $3,375,000; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $500,000, FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 311613 AND ADDING ITD STRATEGIC FUNDS, CIP ACCOUNTS, GRANTS AND THE OPERATING BUDGETS OF VARIOUS DEPARTMENTS AS ADDITIONAL FUNDING SOURCES, SUBJECT TO BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO REFLECT SAID INCREASE. 05-00910 Legislation.pdf 05-00910 Exhibit 1.pdf 05-00910 Summary Form.pdf 05-00910 Professional Services Agreement.pdf 05-00910 Blackwell Corporate Reso.pdf 05-00910 Certificate Insurances.pdf 05-00910 Previous Legislation.pdf City of Miami Page 15 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 R-05-0521 MOVED: SECONDED: Johnny L. Winton Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Winton and Sanchez NOES: Commissioner Gonzalez ABSENT: Commissioner Regalado and Allen CA.21 05-00911 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Police OF JOHNSON CONTROLS, INC., RECEIVED ON JULY 11, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-070, FOR THE PROVISION OF AIR CONDITIONING MAINTENANCE AND REPAIR SERVICES, FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED BASIS, AT VARIOUS POLICE DEPARTMENT FACILITIES, FOR AN INITIAL TWO-YEAR PERIOD WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $67,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $335,000; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.670. 05-00911 Legislation.pdf 05-00911 Summary Form.pdf 05-00911 Award Recommendation.pdf 05-00911 Tabulation of Bids.pdf 05-00911-Summary Fact Sheet.pdf R-05-0513 This Matter was ADOPTED on the Consent Agenda. CA.22 05-00945 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), ACCEPTING THE BID RECEIVED ON AUGUST 15, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-110, OF R AND S INTEGRATED PRODUCTS AND SERVICES, INC., FOR THE PURCHASE OF LASERFICHE SOFTWARE, HARDWARE AND SERVICES FOR ELECTRONIC DOCUMENT MANAGEMENT, TO BE UTILIZED CITYWIDE BY VARIOUS USER DEPARTMENTS AND AGENCIES, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT THE UNIT PRICES LISTED IN THE ATTACHED TABULATION, IN THE AMOUNT NOT TO EXCEED $90,000, FOR FISCAL YEAR 2004-2005; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $90,000, FOR FISCAL YEAR 2004-2005, FROM THE GENERAL OPERATING BUDGETS AND GRANTS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, WITH FUTURE FISCAL YEAR FUNDING SUBJECT TO AVAILABILITY OF FUNDS AND BUDGET APPROVAL AT TIME OF NEED. City of Miami Page 16 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 05-00945 Legislation.pdf 05-00945 Exhibit 1.pdf 05-00945 Summary Form.pdf 05-00945 Award Recommendation.pdf 05-00945 Award Sheets.pdf 05-00945 Bid Security List.pdf 05-00945 Letter from Purchasing.pdf R-05-0514 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: SECONDED: AYES: ABSENT: Johnny L. Winton Tomas Regalado Commissioner Winton, Sanchez, Regalado and Allen Commissioner Gonzalez END OF CONSENT AGENDA City of Miami Page 17 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 05-00934 DISCUSSION ITEM DISCUSSION REGARDING AN UPDATE FROM SUPERINTENDENT OF SCHOOLS, RUDY CREW AND CHAIRMAN OF THE SCHOOL BOARD, FRANK BOLANOS IN REFERENCE TO THE STATUS OF THE SCHOOLS LOCATED WITHIN THE CITY OF MIAMI. 05-00934 E-mail.pdf Discussion on the item resulted in the resolution below: (M.1) 05-00934a RESOLUTION Office of the Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO INITIATE PLANNING AND THE OTHER PROCESSES NECESSARY TO EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU") TO CREATE AN EDUCATION COMPACT BETWEEN THE MIAMI-DADE COUNTY PUBLIC SCHOOLS AND THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE A MOU FOR SAID EDUCATION COMPACT; FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED MOU TO THE CITY COMMISSION FOR CONSIDERATION AND APPROVAL. R-05-0498 MOVED: Johnny L. Winton SECONDED: Jeffery L. Allen UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen M.2 05-00958 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT OF $25,000, FROM THE SPECIAL REVENUE ACCOUNT ENTITLED, "POVERTY INITIATIVE;" ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT TO FUND THE MIAMI DADE CHAMBER OF COMMERCE, INC., TO PROVIDE TECHNICAL ASSISTANCE SERVICES TO THE BLACK BUSINESS COMMUNITY ASSOCIATED WITH THE CONTINUATION OF PHASE II OF THE CITYWIDE POVERTY INITIATIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSE. City of Miami Page 18 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 05-00958 Legislation.pdf 05-00958 Exhibit 1.pdf 05-00958 Exhibit 2.pdf R-05-0499 MOVED: Angel Gonzalez SECONDED: Johnny L. Winton UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen M.3 05-00962 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT , IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY, TO PARTICIPATE IN THE FUNDING OF LANDSCAPING IMPROVEMENTS TO 1-95 IN DOWNTOWN MIAMI; AS MORE PARTICULARLY DESCRIBED HEREIN. 05-00962 Legislation.pdf 05-00962 Exhibit 1.pdf R-05-0500 MOVED: Angel Gonzalez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON DISTRICT 3 CHAIRMAN JOE SANCHEZ D3.1 05-00960 DISCUSSION ITEM DISCUSSION REGARDING CO -DESIGNATING SW 25TH AVENUE FROM THE SOUTHEAST CORNER OF SW 7TH STREET TO THE NORTHEAST CORNER OF SW 9TH STREET AS "MANUEL CAPO WAY". City of Miami Page 19 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 05-00960 E-mail.pdf WITHDRAWN DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 05-00913 DISCUSSION ITEM DISCUSSION ABOUT COMMENTS FROM RESIDENTS CONCERNING TRAFFIC CIRCLES AND OTHER TRAFFIC CALMING DEVICES. 05-00913-Memo.pdf DISCUSSED D4.2 05-00940 DISCUSSION ITEM DISCUSSION REGARDING RESIDENTS CONCERNS ABOUT LIVING IN CLOSE PROXIMITY TO ADULT LIVING FACILITIES AND HALFWAY HOUSES. 05-00940-Memo.pdf See also minutes under item PZ.1 which relate to item D4.2. Discussion on the item resulted in the resolution below: (D4.2) 05-01018 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF, OR ANY OTHER ACTIONS AT LAW OR IN EQUITY TO ENSURE COMPLIANCE WITH ALL APPLICABLE LAWS, WHETHER LOCAL, STATE OR FEDERAL, REGARDING STRUCTURES, USE OR ILLEGAL CONSTRUCTION OR ANY CODE ENFORCEMENT VIOLATIONS WHEN, IN THE EXERCISE OF THE CITY ATTORNEY'S BEST JUDGMENT, SUCH ACTION IS NECESSARY TO PRESERVE AND PROTECT THE PUBLIC'S HEALTH, SAFETY AND WELFARE. R-05-0537 MOVED: Tomas Regalado SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen D4.3 05-00941 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $5,000, FOR THE THIRD ANNUAL DRAGON BOAT RACE; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL City of Miami Page 20 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 ACCOUNT CODE NO. 001000.921054.6.289. 05-00941 Legislation.pdf R-05-0524 MOVED: SECONDED: Tomas Regalado Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: D4.4 05-00942 RESOLUTION Commissioner Gonzalez, Winton and Regalado Commissioner Sanchez and Allen A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN THE AMOUNT NOT TO EXCEED $2,000, FOR THE ANNUAL FESTIVAL TO BE HELD AT OUR LADY OF LEBANON CATHOLIC CHURCH; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6. 289. 05-00942 Legislation.pdf R-05-0525 MOVED: SECONDED: Tomas Regalado Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: D4.5 05-00943 RESOLUTION Commissioner Gonzalez, Winton and Regalado Commissioner Sanchez and Allen A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, TO THE MIAMI BASEBALL ACADEMY; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. 05-00943 Legislation.pdf R-05-0526 MOVED: SECONDED: Tomas Regalado Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton and Regalado ABSENT: Commissioner Sanchez and Allen City of Miami Page 21 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 D4.6 05-00944 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $13,500, TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT FOR SOCIAL SERVICE ACTIVITIES IN DISTRICT 4; ALLOCATING FUNDS FROM THE DISTRICT 4 OFFICE BUDGET NON -DEPARTMENTAL ACCOUNT NO. 001000.920919.6.930. 05-00944 Legislation.pdf R-05-0527 MOVED: SECONDED: Tomas Regalado Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton and Regalado ABSENT: Commissioner Sanchez and Allen D4.7 05-00946 DISCUSSION ITEM DISCUSSION ABOUT THE PROPOSED PLANS FOR THE ROBERT KING HIGH PARK- CARLOS ARBOLEYA CAMPGROUND. 05-00946 Memo.pdf DISCUSSED DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN City of Miami Page 22 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 PUBLIC HEARINGS PH.1 05-00914 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; APPROVING THE PROCUREMENT OF PHYSIO-CONTROL CARDIAC LIFE SUPPORT EQUIPMENT MAINTENANCE SERVICE, FOR THE DEPARTMENT OF FIRE -RESCUE, FROM MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC. ("MEDTRONIC"), THE SOLE SOURCE PROVIDER, ON A CONTRACT BASIS FOR A THREE-YEAR PERIOD BEGINNING OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2008, AT AN ANNUAL COST NOT TO EXCEED $49,019, FOR A TOTAL AMOUNT NOT TO EXCEED $147,057; AUTHORIZING THE CITY MANAGER TO EXECUTE A TECHNICAL SERVICE SUPPORT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MEDTRONIC, FOR SAID PURPOSE; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $49,019, FOR FISCAL YEAR 2005-2006, FROM THE DEPARTMENT OF FIRE -RESCUE'S GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.280601.6.270, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. PH.2 05-00914 Legislation.pdf 05-00914 Exhibit 1.pdf 05-00914 Summary Form.pdf 05-00914 Memo 1.pdf 05-00914 Memo 2.pdf 05-00914 Memo 3.pdf 05-00914 Public Notice Memo.pdf 05-00914 Public Notice Ad.pdf 05-00914 Letter 1.pdf 05-00914 Letter 2.pdf 05-00914 Certificate from Sec. of State.pdf 05-00914 Award.pdf R-05-0528 MOVED: SECONDED: Johnny L. Winton Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: 05-00682 ORDINANCE Department of Public Works Commissioner Gonzalez, Winton, Sanchez and Regalado Commissioner Allen Public Hearing AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11662, ADOPTED MAY 26, 1998, WAIVING BY ORDINANCE THE NOTICE REQUIREMENT OF SECTION 5 OF THE FRANCHISE AGREEMENT ENTITLED "ASSIGNMENT AND TRANSFER;" City of Miami Page 23 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 WAIVING THE REQUIREMENT OF FILING A WRITTEN NOTICE WITH THE CITY CLERK BY FPL ENERGY SERVICES, INC., FOR THE SALE, ASSIGNMENT OR TRANSFER OF THE RIGHTS, PRIVILEGES AND AUTHORITY GRANTED BY THE FRANCHISE AGREEMENT BETWEEN FPL ENERGY SERVICES, INC., AND THE CITY OF MIAMI, DATED JUNE 8, 1998; APPROVING AND CONSENTING TO THE SALE, ASSIGNMENT OR TRANSFER OF THE PRIVILEGES GRANTED UNDER SAID FRANCHISE AGREEMENT TO FPL THERMAL SYSTEMS, INC., NOW DOING BUSINESS AS TECO THERMAL SYSTEMS, INC.; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00682 Legislation.pdf 05-00682 Summary Form.pdf 05-00682 Public Hearing Notice Memo.pdf 05-00682 Public Hearing Notice.pdf 05-00682- Previous Legislation.pdf 05-00682- Previous Franchise Agreement.pdf MOVED: Johnny L. Winton SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen PH.3 05-00688 RESOLUTION Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED " MAHI SHRINE SUBDIVISION," A REPLAT 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. 05-00688- Legislation.pdf 05-00688- Exhibit 1.pdf 05-00688- Exhibit 2.pdf 05-00688- Legal Description.pdf 05-00688- Summary Form.pdf 05-00688- Public Notice Memo.pdf 05-00688- Public Notice AD.pdf 05-00688- Public Works Memo.pdf 05-00688- Public Works Ad.pdf 05-00688- Legal Description 2.pdf R-05-0529 MOVED: Angel Gonzalez City of Miami Page 24 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 SECONDED: Johnny L. Winton UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen PH.4 05-00917 RESOLUTION Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "IERI SUBDIVISION," A REPLAT 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 SAID PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 05-0091 7Legislation.pdf 05-00917 Exhibit 1.pdf 05-00917 Exhibit 2.pdf 05-00917 Exhibit 3.pdf 05-00917 Exhibit 4.pdf 05-00917 Exhibit 5.pdf 05-00917 Summary Form.pdf 05-00917 Public Hearing Memo.pdf 05-00917 Public Hearing Notice.pdf 05-00917 Public Works Memo.pdf 05-00917 Public Hearing Notice.pdf 05-00917 Legal Description.pdf R-05-0530 MOVED: Angel Gonzalez SECONDED: Jeffery L. Allen UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen PH.5 05-00918 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) Economic BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED Development PUBLIC HEARING, ACCEPTING THE PROPOSED STIPULATED FINAL JUDGMENT AND JOINT MOTION FOR ENTRY, IN SUBSTANTIALLY THE ATTACHED FORM, IN FULL SETTLEMENT OF ALL CLAIMS FOR COMPENSATION FOR NEW BETHANY BAPTIST MISSION, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, FOR THE PROPERTY LOCATED AT 6311-6329 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, IN COMPLIANCE WITH City of Miami Page 25 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 THE MEDIATED SETTLEMENT AGREEMENT ENTERED INTO ON JULY 26, 2005, BY THE PARTIES RESULTING FROM MEDIATION PURSUANT TO COURT ORDER; ALLOCATING FUNDS IN THE AMOUNT OF $1,349,000, FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF ATTORNEY'S FEES AND EXPENSES, SURVEYS, APPRAISALS, ENVIRONMENTAL REPORTS, TITLE INSURANCE AND OTHER COSTS ASSOCIATED WITH SAID ACQUISITION. 05-00918 Legislation.pdf 05-00918 Exhibit 1.pdf 05-00918 Exhibit 2.pdf 05-00918 Exhibit 3.pdf 05-00918 Exhibit 4.pdf 05-00918 Exhibit 5.pdf 05-00918 Summary Form.pdf 05-00918 Public Hearing Memo.pdf 05-00918 Public Hearing Notice.pdf 05-00918 Map.pdf R-05-0531 MOVED: SECONDED: Angel Gonzalez Jeffery L. Allen Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Winton, Sanchez, Regalado and Allen ABSENT: Commissioner Gonzalez Direction to the Administration by Commissioner Winton to provide a new schedule of all properties purchased for Little Haiti Park, to include addresses, dates of purchase, purchase prices, square footage associated with purchases, and purchase prices per square foot of land. PH.6 05-00919 ORDINANCE Public Hearing Department of Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE II/SECTION 54-56 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION AND REPAIR/CONSTRUCTION, RECONSTRUCTION OR REPAIR OF STREET IMPROVEMENTS REQUIRED WHEN PROPERTY IS IMPROVED BY CONSTRUCTION OF $25,000.00 OR MORE IN VALUE OR EXCEEDING 650 SQUARE FEET IN FLOOR AREA," BY CLARIFYING THE REQUIRED LIMITS OF THE STREET IMPROVEMENTS OF SAID SECTION; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00919 Legislation.pdf 05-00919 Summary Form.pdf 05-00919 Public Hearing Memo.pdf 05-00919 Public Hearing Notice.pdf DISCUSSED A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was City of Miami Page 26 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 passed unanimously, with Vice Chairman Gonzalez and Commissioner Regalado absent, to pass Item PH.6 on first reading. A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to reconsider previous vote on Item PH.6. A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to deny first reading ordinance, Item PH.6. A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to direct the administration to analyze the pros and cons of proposal to exempt or limit single-family home owners from being required to contribute toward street repairs after excavations. PH.7 05-00939 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CONCERNING THE Economic REVIEW COMMITTEE APPOINTED TO EVALUATE PROPOSALS RECEIVED Development IN RESPONSE TO REQUEST FOR PROPOSALS FOR THE UNIFIED DEVELOPMENT PROJECT FOR THE CITY -OWNED PROPERTY KNOWN AS THE MELREESE GOLF COURSE, PURSUANT TO RESOLUTION NO. 05-0237, ADOPTED APRIL 14, 2005, RESCINDING APPOINTMENTS MADE TO THE REVIEW COMMITTEE AND APPOINTING NEW MEMBERS TO SERVE ON SAID COMMITTEE; AMENDING SAID RESOLUTION TO REFLECT THE REVIEW COMMITTEE MEMBER CHANGES. 10:30 A.M. 05-00939 Legislation.pdf 05-00939 Summary Form.pdf 05-00939 Public Hearing Memo.pdf 05-00939 Public Hearing Notice.pdf R-05-0532 MOVED: SECONDED: Jeffery L. Allen Angel Gonzalez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado [A sign interpreter translated discussion of Items PH.8 and PH.9.] PH.8 05-00930 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONVEY, WITH Development PARCEL REVERTER PROVISIONS, THREE (3) CITY OF MIAMI-OWNED PARCELS OF LAND, AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORP., FOR THE DEVELOPMENT OF AFFORDABLE HOUSING FOR ELIGIBLE LOW AND MODERATE INCOME PERSONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, FOR SAID PURPOSE. City of Miami Page 27 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 05-00930Legislation.pdf 05-00930 Summary Form.pdf R-05-0522 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen PH.9 05-00920 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 30TH YEAR Development COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME FUNDS, IN THE AMOUNT OF $689,064; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT COMMERCIAL FAQADE PROGRAM. 05-00920 Legislation.pdf 05-00920 Exhibit 1.pdf 05-00920 Summary Form.pdf 05-00920 Public Hearing Notice.pdf 05-00920-Su bmittal. pdf R-05-0523 MOVED: Angel Gonzalez SECONDED: Johnny L. Winton UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Direction to the Administration by Commissioner Allen to allocate $500,000 to benefit 7th Avenue businesses along 54th and 58th Streets, to be administered by NANA (Neighbors and Neighbors Associated), providing that said funds will rollover to the next fiscal year. Direction to the Administration by Vice Chairman Gonzalez to provide a report detailing the distribution of the $500,000 requested by Commissioner Allen for 7th Avenue businesses; said report to include the number of businesses affected, monetary allocation per business, and scope of work for each business. City of Miami Page 28 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 EM.1 05-00922 Office of Strategic Planning, Budgeting, and Performance SR.1 05-00694 Department of Parks and Recreation ORDINANCE - EMERGENCY ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 12596, THE ANNUAL APPROPRIATIONS ORDINANCE, TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-00922 Legislation.pdf 05-00922 Exhibit 1.pdf 05-00922 Summary Item.pdf 05-00922-Su bmittal. pdf 12726 MOVED: SECONDED: Jeffery L. Allen Angel Gonzalez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Winton, Regalado and Allen Commissioner Sanchez ORDINANCE - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROPRIATING THE 2005 SERIES SPECIFIED/PER CAPITA SAFE NEIGHBORHOOD PARKS BOND FUNDS GRANT, IN THE AMOUNT OF $3,000,024; AMENDING ORDINANCE NO. 12622, AS AMENDED, APPROPRIATING SAID FUNDS INTO THE CAPITAL IMPROVEMENT PROJECT NUMBERS SPECIFIED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN FORMS AND SUBSTANCE ACCEPTABLE TO THE CITY ATTORNEY AND THE RISK MANAGEMENT ADMINISTRATOR, FOR ACCEPTANCE OF THE GRANT; AND AUTHORIZING, PURSUANT TO THE PROVISIONS OF THE SAFE NEIGHBORHOOD PARK ORDINANCE, THE PAYMENT OF (1) SUPPLEMENTAL FUNDS REQUIRED TO COMPLETE SAID PROJECTS IF THE COST OF SAID PROJECTS EXCEED THE GRANT ALLOCATION, AND (2) FUNDS TO OPERATE, MAINTAIN AND PROVIDE PROGRAMMING AT EACH PROJECT UPON ITS COMPLETION. City of Miami Page 29 Printed on 9;14/2005 City Commission Marked Agenda September 8, 2005 05-00694- Legislation FR/SR.pdf 05-00694-Exhibit FR/SR.pdf 05-00694 Summary Form SR.pdf 05-00694- Summary Form FR.pdf 05-00694- Agreement Pgs FR/SR.pdf 05-00694- Affidavits FR/SR.pdf 05-00694- Sworn Statements FR/SR.pdf 05-00694- Charts FR/SR.pdf 12725 MOVED: SECONDED: Johnny L. Winton Jeffery L. Allen Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Winton, Sanchez and Allen Commissioner Gonzalez and Regalado ORDINANCES - FIRST READING FR.1 05-00697 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Economic 38, ARTICLE V, DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, Development FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION/GOLF COURSES/RATES AND CHARGES" PROVIDING THAT FEES FOR USE OF CITY -OWNED GOLF COURSE FACILITIES BE ESTABLISHED FROM TIME -TO -TIME BY THE CITY MANAGER, OR BY AGREEMENT WITH A PRIVATE PARTY FOR THE OPERATION AND MANAGEMENT OF THE GOLF COURSE FACILITY AS APPROVED BY THE CITY COMMISSION, WHICH FEES SHALL INCLUDE A DISCOUNT FOR CITY RESIDENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00697- Legislation.pdf 05-00697- Summary Form.pdf 05-00697- Green Fees.pdf 05-00697- Special Golf Rates.pdf MOVED: Jeffery L. Allen SECONDED: Angel Gonzalez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: ABSENT: FR.2 05-00839 ORDINANCE Commissioner Gonzalez, Winton, Sanchez and Allen Commissioner Regalado First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Finance 18/ ARTICLE IX/DIVISION 2 ENTITLED "FINANCE/FINANCIAL POLICIES/FINANCIAL INTEGRITY PRINCIPLES" BY CLARIFYING AND EXPANDING THE FINANCIAL INTEGRITY PRINCIPLES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR City of Miami Page 30 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 FR.3 AN IMMEDIATE EFFECTIVE DATE. 05-00839 Legislation SR/FR .pdf 05-00839 Summary Form SR.pdf 05-00839 Summary Form FR.pdf MOVED: SECONDED: Jeffery L. Allen Johnny L. Winton Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: ABSENT: 05-00924 ORDINANCE Commissioner Gonzalez, Winton, Sanchez and Allen Commissioner Regalado First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Capital 2/ARTICLE XI/DIVISION 14 OF THE CODE OF THE CITY OF MIAMI, Improvements FLORIDA, AS AMENDED ENTITLED "ADMINISTRATION/BOARDS, Program COMMITTEES, COMMISSIONS/HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD," MORE PARTICULARLY BY AMENDING SECTION 2-1203(E), ELIMINATING THE STIPULATION THAT A CHAIRPERSON CANNOT SERVE FOR MORE THAN TWO YEARS IN OFFICE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00924 Legislation.pdf 05-00924 Summary Form.pdf 05-00924 Previous Legislation.pdf 05-00924 Law Department Receipt.pdf 05-00924 Previous Cover Memo.pdf 05-00924 Article XI -Bond Oversight.pdf MOVED: Johnny L. Winton SECONDED: Jeffery L. Allen Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: ABSENT: FR.4 05-00973 ORDINANCE Commissioner Gonzalez, Winton, Sanchez and Allen Commissioner Regalado First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING PROVISIONS Attorney FOR EARLY VOTING IN THE CITY OF MIAMI, PURSUANT TO FLORIDA STATUTE §100.3605, FOR THE MUNICIPAL ELECTIONS TO BE HELD ON NOVEMBER 1, 2005 AND NOVEMBER 15, 2005; DESIGNATING CERTAIN SITES AND TIMES FOR EARLY VOTING; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 05-00973 Legislation SR.pdf 05-00973 Cover Memo SR.pdf 05-00973 Legislation FR.pdf 05-00973 Cover Memo FR .pdf City of Miami Page 31 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 MOVED: SECONDED: Johnny L. Winton Jeffery L. Allen Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Winton, Sanchez and Allen ABSENT: Commissioner Gonzalez and Regalado City of Miami Page 32 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 RE.1 05-00895 Department of Capital Improvement Programs/Transpor tation RE.2 05-00925 Department of Capital Improvement Programs/Transpor tation RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 04-0516, ADOPTED JULY 29, 2004, FURTHER AMENDED BY RESOLUTION NO. 04-0699, ADOPTED OCTOBER 28, 2004, FURTHER AMENDED BY RESOLUTION NO. 04-0790, ADOPTED DECEMBER 9, 2004, BY AUTHORIZING THE CITY MANAGER TO EXERCISE THE FOURTH AND FINAL RENEWAL OPTION IN THE JOB ORDER CONTRACT WITH C.W. CONSTRUCTION, INC., PURSUANT TO THE EXISTING MIAMI BEACH CONTRACT NOS. 12-03/04, 13-03/04 AND 14-03/04, EFFECTIVE UNTIL MAY 25, 2006, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE CITY OF MIAMI BEACH IN AN AMOUNT NOT TO EXCEED $2,000,000, INCREASING THE TOTAL CONTRACT AMOUNT NOT TO EXCEED $10,000,000; ALLOCATING FUNDS IN THE AMOUNT OF $2,000,000, FROM VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS, ON AN AS -NEEDED BASIS, SUBJECT TO BUDGETARY APPROVAL. 05-00895 Legislation.pdf Summary Form- JOC CW increase.doc 05-00895 Text File Report 1.pdf 05-00895 Text File Report 2.pdf 05-00895 Text File Report 3.pdf 05-00895 JOC Services.pdf 05-00895 Construction Contract Cover Pgs.pdf 05-00895 Miami Beach Commission Item.pdf 05-00895 Invitation to Bid Addendums.pdf 05-00895 Gordian Group Project Manual 1.pdf 05-00895 Gordian Group Project Manual 2.pdf 05-00895 Gordian Group Project Manual 3.pdf 05-00895 Gordian Group Project Manual 4.pdf 05-00895 Gordian Group Project Manual 5.pdf 05-00895 Gordian Group Project Manual 6.pdf 05-00895 Gordian Group Project Manual 7.pdf 05-00895 Gordian Group Project Manual 8.pdf 05-00895 Gordian Group Project Manual 9.pdf WITHDRAWN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF SHORELINE FOUNDATION, INC., RECEIVED MARCH 22, 2005, PURSUANT TO INVITATION FOR BID NO. 04-05-026, FOR THE PROJECT ENTITLED "DINNER KEY MARINA FUEL DOCK, B-60465," IN THE AMOUNT NOT TO EXCEED $1,041,000; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $1,041,000, FROM CAPITAL IMPROVEMENT PROJECT ACCOUNT NO. 326015, B-60465, FOR CONTRACT COSTS, PLUS $221,751, FOR ESTIMATED COSTS INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS NOT TO EXCEED $1,262,751, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, City of Miami Page 33 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 RE.3 ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-00925 Legislation.pdf 05-00925 Exhibit 1.pdf 05-00925 Exhibit 2.pdf 05-00925 Exhibit 3.pdf 05-00925 Summary Form.pdf R-05-0533 MOVED: SECONDED: Johnny L. Winton Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: 05-00904 RESOLUTION Commissioner Gonzalez, Winton, Sanchez and Allen Commissioner Regalado Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Improvement PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE Programs/Transpor ATTACHED FORM, WITH HDR ENGINEERING, INC., THE tation HIGHEST -RANKED FIRM, PURSUANT TO REQUEST FOR PROPOSALS NO. 04-05-019, TO PROVIDE PROFESSIONAL PROGRAM MANAGEMENT SERVICES FOR THE CAPITAL AND TRANSPORTATION IMPROVEMENT PROGRAM, FOR A ONE-YEAR PERIOD, IN THE AMOUNT NOT TO EXCEED $7,280,878, CONSISTING OF $5,780,679, FOR PRIMARY PROGRAM MANAGEMENT SERVICES, PLUS $1,500,199, FOR SPECIALTY SERVICES FOR THE MIAMI STREETCAR PROGRAM, WITH THE OPTION TO RENEW FOR FIVE ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM VARIOUS CAPITAL PROJECT ACCOUNTS, SUBJECT TO BUDGETARY APPROVAL. 05-00904 Legislation.pdf 05-00904 Exhibit 1.pdf 05-00904 Exhibit 2.pdf 05-00904 Exhibit 3.pdf 05-00904 Exhibit 4.pdf 05-00904 Exhibit 5.pdf 05-00904 Exhibit 6.pdf 05-00904 Exhibit 7.pdf 05-00904 Exhibit 8.pdf 05-00904 Exhibit 9.pdf 05-00904 Exhibit 10.pdf 05-00904 Exhibit 11.pdf 05-00904 Exhibit 12.pdf 05-00904 Summary Form.pdf 05-00904-Summary Form Substitute.pdf 05-00904 Text File Report.pdf R-05-0534 City of Miami Page 34 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 MOVED: SECONDED: Johnny L. Winton Angel Gonzalez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez and Allen ABSENT: Commissioner Winton and Regalado Direction to the Administration by Vice Chairman Gonzalez to arrange a meeting with himself, the City Manager, Mary Conway, Linda Haskins, and Alicia Cuervo Schreiber next week to discuss Homeland Defense Bond allocations for infrastructure improvements in District 1. RE.4 05-00961 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF BOND COUNSEL FEES AND COSTS, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE ENGAGEMENT OF GREENBERG TRAURIG, P.A. TO PROVIDE BOND COUNSEL SERVICES, IN CONNECTION WITH SPECIAL REVENUE REFUNDING BOND SERIES 1987; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT, FOR SAID SERVICES; FURTHER AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE NECESSARY DOCUMENT(S) TO EVIDENCE THE CITY'S WAIVER OF A POTENTIAL CONFLICT OF INTEREST IN THE ENGAGEMENT OF BOND COUNSEL. 05-00961 Legislation.pdf 05-00961 Cover Memo.pdf 05-00961-Sanchez Conflict.pdf R-05-0535 MOVED: SECONDED: Johnny L. Winton Jeffery L. Allen Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Regalado and Allen ABSTAINED: Commissioner Sanchez City of Miami Page 35 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 BOARDS AND COMMITTEES BC.1 05-00683 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: Charles J. Flowers, PH.D Rosa Green 05-00683-cover memo.pdf 05-00683 members.pdf R-05-0549 MOVED: Johnny L. Winton SECONDED: Jeffery L. Allen UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen BC.2 05-00789 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE BAYSIDE MINORITY FOUNDATION FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Fausto Gomez Commissioner Tomas Regalado 05-00789 memo.pdf 05-00789 members.pdf R-05-0550 MOVED: Tomas Regalado SECONDED: Johnny L. Winton UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City of Miami Page 36 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 DISCUSSION ITEMS DI.1 05-00450 DISCUSSION ITEM Office of the City DISCUSSION AND POSSIBLE RESOLUTION REGARDING A POSSIBLE Attorney SETTLEMENT IN THE MATTER OF NATIONAL ADVERTISING V. CITY OF MIAMI. (BILLBOARD LITIGATION) 05-00450-email.pdf DEFERRED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to defer Item DI.1. City of Miami Page 37 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 PART B The following item shall not be considered before 10:00 am. PZ.1 05-00763 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 9, SECTION 934, "COMMUNITY RESIDENTIAL HOMES AND COMMUNITY BASED RESIDENTIAL FACILITIES", IN ORDER TO AMEND SECTION 934 TO ELIMINATE THE SPECIAL EXCEPTION REQUIREMENTS FOR CHANGES IN OWNERSHIP FOR COMMUNITY RESIDENTIAL HOMES AND COMMUNITY -BASED RESIDENTIAL FACILITIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR 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 July 6, 2005 by a vote of 5-0. PURPOSE: This will eliminate the Special Exception requirement for changes in ownership for community residential homes and community -based residential facilities. 05-00763 Legislation.pdf 05-00763 PAB Reso.pdf 05-00763 FR Fact Sheet.pdf 05-00763 SR Fact Sheet.pdf MOVED: SECONDED: Angel Gonzalez Johnny L. Winton Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton and Sanchez NOES: Commissioner Regalado ABSENT: Commissioner Allen City of Miami Page 38 Printed on 9/14/2005 City Commission Marked Agenda September 8, 2005 NON -AGENDA ITEMS NA.1 05-01038 DISCUSSION ITEM NA.2 05-01037 Chairman Sanchez praised City of Miami employees for their help with the cleanup during the aftermath of Hurricane Katrina. DISCUSSED DISCUSSION ITEM Brief comments by Commissioner Regalado concerning investigation of two suspended police officers. DISCUSSED NA.3 05-01007 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $7,475, TO COVER EXPENSES OF HALL RENTAL AND PARKING, FOR THE FIRST DAY OF ISSUE CEREMONY OF "LET'S DANCE" COMMEMORATIVE STAMPS, TO BE HELD BY THE UNITED STATES POSTAL SERVICE ON SEPTEMBER 17, 2005, AT THE COCONUT GROVE EXPO CENTER; ALLOCATING FUNDS FROM THE FISCAL YEAR 2004-2005 BUDGET OF THE MAYOR'S INTERNATIONAL COUNCIL, ACCOUNT NO. 001000.921084.6.340. R-05-0536 MOVED: SECONDED: Jeffery L. Allen Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Regalado and Allen ABSENT: Commissioner Sanchez City of Miami Page 39 Printed on 9;14/2005