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HomeMy WebLinkAboutCC 2004-06-10 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, June 10, 2004 9:00 AM REGULAR (Verbatim Minutes) City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Arthur E. Teele, Jr., Chairman Joe Sanchez, Vice Chairman Angel Gonzalez, Commissioner District One Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Agenda June 10, 2004 ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS FOLLOWING THE COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO OCCURS, OVERRIDE SUCH VETO BY A FOUR -FIFTHS VOTE OF THE COMMISSIONERS THEN PRESENT. ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY VOTE OF THE COMMISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY CLERK IN CITY HALL. ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER. * * * * * * * * * * * * * * * * * * * * * * * Formal action may be taken on any item discussed or added to this Agenda. Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will require a verbatim record of the proceeding upon which the appeal is based. Any person with a disability requiring auxiliary aids and services for meetings may call the City Clerk's Office, 250-5360, with requests at least two business days before the meeting date. * * * * * * * * * * * * * * * * * * * * * * * * The City Commission has established a policy that the lunch recess will begin at the conclusion of deliberations of the agenda item being considered at Noon; further, that Commission meetings will adjourn at the conclusion of deliberations on the agenda item being considered at 9:00 PM. (Resolution No. 87-115) City ofMiami Page 2 Printed on 3/11/2008 City Commission Meeting Agenda June 10, 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 M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS Pages 6-8 D5 - DISTRICT 5 ITEMS Pages 8-16 PH - PUBLIC HEARINGS Pages 17-89 TIME CERTAIN 9:30 A.M. - PH. 3 - Transfer of Building to Allapattah Business Dev. Authority, Inc. 9:30 A.M. - PH. 4 - Deobligating HOME Funds to Model City Pilot Project 9:30 A.M. - PH.5 - Accepting 2004-2005 SHIP Funds 9:30 A.M. - PH.6 - Adoption of PHA Plans 9:30 A.M. - PH.7 - Deobligation & Obligation of District 5 Public Service Agencies 9:30 A.M. - PH.8 - Approving the Consolidated Plan 2004-2009 and Annual Action Plan 2004-2005 9:30 A.M. - PH.9 - Allocation of CDBG Program Funds 9:30 A.M. - PH.10 - Authorizing the Acceptance of HOME Funds 9:30 A.M. - PH.11 - 30TH Year HOPWA Program 9:30 A.M. - PH.12 - Allocation of Funds for Economic Dev. and/or Public Facilities and Improvements 9:30 A.M. - PH.13 - Allocation of Funds for Public Services 9:30 A.M. - PH.14 - Transfer of property to NHDC Barcelona Inc. EM - EMERGENCY ORDINANCES Pages 90-95 RE - RESOLUTIONS Pages 96-103 City ofMiami Page 3 Printed on 3/11/2008 City Commission Meeting Agenda June 10, 2004 BC - BOARDS AND COMMITTEES Pages 104-106 DI - DISCUSSION ITEMS Pages 107-126 PART B PZ - PLANNING AND ZONING ITEMS Pages 126-159 The Planning and Zoning items shall not be considered before 3:00 pm. City ofMiami Page 4 Printed on 3/11/2008 City Commission Meeting Agenda June 10, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Special Meeting of April 29, 2004 Regular Meeting of May 6, 2004 D4.1 04-00555 District 4- Commissioner Tomas Regalado ORDER OF DAY MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 DISTRICT 2 COMMISSIONER JOHNNY L. WINTON DISTRICT 3 DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION REGARDING THE QUALITY OF CAPITAL IMPROVEMENT PROJECTS AND THE ECONOMIC IMPACT OF ADMINISTRATIVE ERRORS. DATE: MAY 27, 2004 ACTION: DEFERRED City ofMiami Page 5 Printed on 3/11/2008 City Commission Meeting Agenda June 10, 2004 D4.2 04-00638 District 4- Commissioner Tomas Regalado D5.1 04-00568 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION REGARDING THE CITY OF MIAMI STREET FEEDING PROJECT. DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR. DISCUSSION ITEM DISCUSSION REGARDING MR. ROGER SNELL AND THE FAMILY REHAB PROGRAM. City ofMiami Page 6 Printed on 3/11/2008 City Commission Meeting Agenda June 10, 2004 PUBLIC HEARING PH.1 04-00427 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DECLARE SURPLUS THE CITY -OWNED PROPERTY LOCATED AT 1390 NORTHWEST 24TH AVENUE, MIAMI, FLORIDA ("PROPERTY"), 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 ALLAPATTAH COMMUNITY ACTION, INC., ("PURCHASER"), A FLORIDA NOT -FOR -PROFIT CORPORATION, FOR THE SALE OF THE PROPERTY, TO DEVELOP A UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") ELDERLY HOUSING FACILITY FOR VERY LOW, LOW AND/OR MODERATE INCOME FAMILIES AND/OR INDIVIDUALS, FOR A MINIMUM PURCHASE PRICE OF $248,141, PENDING VERIFICATION OF CONSTRUCTION COST ESTIMATES AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, SUBJECT TO THE CONDITIONS CONTAINED HEREIN; ALLOCATING PROCEEDS FROM THE SALE OF THE PROPERTY TO A CITY-WIDE AFFORDABLE HOUSING TRUST FUND. PH.2 04-00569 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S DETERMINATION THAT IT IS IN THE BEST INTEREST OF THE CITY OF MIAMI ("CITY") THAT UPON THE CONVEYANCE OF CITY -OWNED PROPERTY LOCATED AT 1390 NORTHWEST 24TH AVENUE, MIAMI, FLORIDA ("PROPERTY"), THAT ALLAPATTAH COMMUNITY ACTION, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("PURCHASER"), RECEIVE AN EXEMPTION TO SECTION 18-182(a)(3), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, REQUIRING A PURCHASER OF CITY -OWNED PROPERTY TO MAKE ANNUAL PAYMENTS IN THE AMOUNT OF TAXES THAT THE CITY WOULD BE ENTITLED TO RECEIVE FROM THE PROPERTY, BASED ON FAIR MARKET VALUE SHOULD THE PROPERTY BECOME IMMUNE, OR EXEMPT FROM PAYMENT OF AD VALOREM TAXES FOR SAID PROPERTY. 9:30 A.M. PH.3 04-00583 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community CONVEYANCE, WITH PARCEL REVERTER PROVISIONS, OF THE Development CITY -OWNED 12 UNIT MULTI -FAMILY APARTMENT BUILDING LOCATED AT 2368 NORTHWEST 35TH STREET, MIAMI, FLORIDA ("PROPERTY"), TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., A City ofMiami Page 7 Printed on 3/11/2008 City Commission Meeting Agenda June 10, 2004 NOT -FOR -PROFIT CORPORATION, TO REHABILITATE THE PROPERTY AND PROVIDE AFFORDABLE HOUSING OPPORTUNITIES FOR ELIGIBLE LOW-INCOME PERSONS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. PH.4 04-00584 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community DE -OBLIGATION OF HOME INVESTMENT PARTNERSHIPS ("HOME") Development PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED $650,000, PREVIOUSLY ALLOCATED TO THE MODEL CITY HOMEOWNERSHIP ZONE/PILOT PROJECT, AND ALLOCATING SAID FUNDS TO AN IN -FILL AFFORDABLE HOUSING PROJECT IN THE MODEL CITY AREA. PH.5 04-00585 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community ACCEPTANCE OF STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") Development FUNDS, IN THE AMOUNT OF $1,756,498, FOR FISCAL YEAR 2004-2005, FOR THE IMPLEMENTATION OF THE LOCAL HOUSING ASSISTANCE PLAN; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID FUNDS. PH.6 04-00586 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") PUBLIC Development HOUSING AGENCY ("PHA") PLANS WHICH INCLUDE THE FIVE-YEAR PLAN FOR FISCAL YEARS 2005-2009, AND THE ANNUAL PLAN FOR FISCAL YEAR 2004, IN CONNECTION WITH THE IMPLEMENTATION AND ADMINISTRATION OF THE CITY'S SECTION 8 MODERATE REHABILITATION HOUSING PROGRAM, AS SET FORTH IN THE HOUSING CHOICE VOUCHER PROGRAM ADMINISTRATIVE PLAN, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE PHA PLANS, ATTACHED AND INCORPORATED, FOR REVIEW AND APPROVAL BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") FOR THE CITY'S CONTINUED PARTICIPATION IN THE ABOVE MENTIONED FEDERAL RENTAL ASSISTANCE PROGRAM, AS SET FORTH IN THE HOUSING CHOICE VOUCHER PROGRAM ADMINISTRATIVE PLAN, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS AND CERTIFICATIONS REQUIRED, IN SUBSTANTIALLY THE ATTACHED FORMS, AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER ALLOCATING SECTION 8 MODERATE REHABILITATION PROGRAM FUNDS, IN THE AMOUNT OF $3,100,000, FOR FISCAL YEAR 2004. PH.7 04-00589 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE DE -OBLIGATION OF COMMUNITY Development DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE City ofMiami Page 8 Printed on 3/11/2008 City Commission Meeting Agenda June 10, 2004 TOTAL AMOUNT OF $151,960, FROM THE FOLLOWING AGENCIES: ARTZ-N-THE HOOD, INC., $20,000, HAITIAN AMERICAN FOUNDATION, INC., $11,960, FLORENE LITTHCUT INNER-CITY CHILDREN'S TOURING DANCE COMPANY, INC., $85,000, AND HAITIAN AWARENESS & CULTURAL FOUNDATION, INC., $35,000; ALLOCATING $151,960 OF CDBG FUNDS TO THE FOLLOWING AGENCIES: THE ALTERNATIVE PROGRAM, INC., $23,000, BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC., $7,000, THE EMBRACE FOUNDATION, INC., $22,960, UNITED HAITIAN AMERICAN ARTISTS, INC., $47,000, AND FANM AYISYEN NAM MIYAMI, INC., $52,000, FOR A TOTAL AMOUNT NOT TO EXCEED $151,960; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS AND/OR AMENDMENTS TO EXISTING AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH SAID AGENCIES. PH.8 04-00587 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") Development CONSOLIDATED PLAN ("PLAN") FOR FISCAL YEARS 2004-2009 AND THE ANNUAL ACTION PLAN FOR FISCAL YEAR 2004-2005, WITH FUNDING RECOMMENDATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM, HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM, EMERGENCY SHELTER GRANT ("ESG") PROGRAM AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM FUNDS, AS APPROVED BY THE CITY COMMISSION; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S PLAN FOR FISCAL YEARS 2004-2009, AND THE ANNUAL ACTION PLAN FOR FISCAL YEAR 2004-2005 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") FOR REVIEW AND APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. PH.9 04-00590 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), ALLOCATING 30TH YEAR COMMUNITY Development DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE AMOUNT OF $9,928,000, 28TH YEAR CLOSE-OUT FUNDS, IN THE AMOUNT OF $805,918, AND PROGRAM INCOME FUNDS, IN THE AMOUNT OF $1,100,000, FOR A TOTAL ALLOCATION OF $11,833,918, FOR THE 30TH PROGRAM YEAR BEGINNING OCTOBER 1, 2004, AS SPECIFIED ON "ATTACHMENT A," ATTACHED AND INCORPORATED. PH.10 04-00591 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF HOME Development INVESTMENT PARTNERSHIPS PROGRAM ("HOME") FUNDS, IN A TOTAL AMOUNT NOT TO EXCEED $5,117,000; ALLOCATING SAID FUNDS TO THE VARIOUS HOUSING City ofMiami Page 9 Printed on 3/11/2008 City Commission Meeting Agenda June 10, 2004 ACTIVITIES LISTED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; ADOPTING THE HOUSING DEVELOPMENT POLICY, ATTACHED AND INCORPORATED, RELATED TO THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, HOME PROGRAM FUNDS AND STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM FUNDS, FOR AFFORDABLE HOUSING IN THE 30TH PROGRAM YEAR, COMMENCING ON OCTOBER 1, 2004. PH.11 04-00588 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE ALLOCATION OF FISCAL YEAR Development 2004-2005 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM FUNDS, IN THE AMOUNT OF $10,715,000, AND HOPWA PROGRAM CLOSE-OUT FUNDS FOR FISCAL YEAR 2003-2004, IN THE AMOUNT OF $2,035,495, FOR A TOTAL ALLOCATION OF $12,750,495, AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/AIDS; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCIES FOR SAID PURPOSE. PH.12 04-00592 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF 30TH PROGRAM Development YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, IN THE AMOUNT NOT TO EXCEED $4,173,000, IN THE ECONOMIC DEVELOPMENT AND/OR PUBLIC FACILITIES AND IMPROVEMENTS CATEGORY, TO THE AGENCIES SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT AND/OR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES IN THE 30TH PROGRAM YEAR BEGINNING OCTOBER 1, 2004; ADOPTING THE ATTACHED COMMERCIAL FAQADE TREATMENT PROGRAM POLICIES FOR THE 30TH CDBG PROGRAM YEAR; AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH EACH AGENCY, FOR SAID PURPOSE. PH.13 04-00593 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF 30TH PROGRAM Development YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $1,677,768, A CONTRIBUTION FROM COMMISSIONER TOMAS REGALADO'S CAMPAIGN ACCOUNT, IN THE AMOUNT OF $25,000, TO BE EVENLY DISTRIBUTED AMONG THE FIVE DISTRICTS, AND TRANSPORTATION AND TRANSIT SPECIAL REVENUE FUNDS, IN THE AMOUNT OF $300,000, FOR A TOTAL AMOUNT NOT TO EXCEED $2,002,768, TO THE AGENCIES SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICES ACTIVITIES City ofMiami Page 10 Printed on 3/11/2008 City Commission Meeting Agenda June 10, 2004 IN THE 30TH PROGRAM YEAR BEGINNING OCTOBER 1, 2004; AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH EACH AGENCY, FOR SAID PURPOSE. PH.14 04-00373 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community CONVEYANCE OF VACANT CITY -OWNED REAL PROPERTY LOCATED Development AT 1611 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, IN THE OVERTOWN NEIGHBORHOOD, TO NHDC BARCELONA, INC., A NOT -FOR -PROFIT CORPORATION, FOR THE DEVELOPMENT OF AFFORDABLE HOMEOWNERSHIP HOUSING, WITH PARCEL REVERTER PROVISIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. DATE: APRIL 22, 2004 ACTION: DEFERRED DATE: MAY 27, 2004 ACTION: DEFERRED City ofMiami Page 11 Printed on 3/11/2008 City Commission Meeting Agenda June 10, 2004 ORDINANCES - EMERGENCY (Note: This item is being presented as an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety and property of the City of Miami, and upon further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies and to generally carry on the functions and duties of municipal affairs) EM.1 04-00475 ORDINANCE EMERGENCY ORDINANCE (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12451, THE CAPITAL PROJECTS APPROPRIATIONS ORDINANCE, TO REVISE CERTAIN ONGOING CAPITAL IMPROVEMENT PROJECTS BY REPROGRAMMING PREVIOUSLY APPROVED FUNDS AND APPROPRIATING NEW FUNDING; ESTABLISHING AND APPROPRIATING NEW CAPITAL PROJECT NO. 326010 ENTITLED "MIAMARINA IMPROVEMENTS"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. DATE: MAY 27, 2004 ACTION: DEFERRED EM.2 04-00493 ORDINANCE EMERGENCY ORDINANCE (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12420, THE ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2004, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. DATE: MAY 27, 2004 ACTION: DEFERRED City ofMiami Page 12 Printed on 3/11/2008 City Commission Meeting Agenda June 10, 2004 EM.3 04-00556 ORDINANCE EMERGENCY ORDINANCE Office of the City (4/5THS VOTE) Attorney AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" BY: AMENDING SECTIONS 54-1, TO EXCEPT "SPECIAL EVENTS" FROM THE DEFINITIONS OF "PARADE" AND "ASSEMBLY", TO DEFINE "SPECIAL EVENT" AND "PUBLIC RIGHT-OF-WAY;" AMENDING SECTION 54-3 TO REQUIRE A PERMIT FOR A "SPECIAL EVENT;" AMENDING SECTION 54-6 TO EXCEPT CERTAIN PARADES OF LESS THAN FIFTEEN PERSONS FROM PERMIT REQUIREMENTS, TO SPECIFY ADDITIONAL CRITERIA FOR THE ISSUANCE OF A PARADE PERMIT, AND TO SPECIFY CRITERIA FOR THE REVOCATION OF A PARADE PERMIT; AMENDING SECTION 54-6.2 TO EXCEPT CERTAIN ASSEMBLIES OF LESS THAN FIFTEEN PERSONS FROM PERMIT REQUIREMENTS, TO SPECIFY ADDITIONAL CRITERIA FOR THE ISSUANCE OF AN ASSEMBLIES PERMIT, AND TO SPECIFY CRITERIA FOR THE REVOCATION OF AN ASSEMBLIES PERMIT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. EM.4 04-00560 ORDINANCE EMERGENCY ORDINANCE (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION/USE REGULATIONS" BY AMENDING SECTION 38-74 TO PROVIDE FOR PROCEDURES AND CRITERIA FOR THE ISSUANCE OF PARADE AND ASSEMBLY PERMITS FOR USE OF PUBLIC PARKS; PROHIBITING CERTAIN ACTIVITIES WITHOUT A PERMIT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City ofMiami Page 13 Printed on 3/11/2008 City Commission Meeting Agenda June 10, 2004 RESOLUTIONS RE.1 04-00482 RESOLUTION City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE AGREEMENT WITH SARMIENTO ADVERTISING GROUP, L.L.C. ("SARMIENTO") FOR BUS BENCH DESIGN, INSTALLATION AND MAINTENANCE TO REDUCE, FOR A PERIOD OF ONE YEAR, THE AMOUNT OF THE REQUIRED PERFORMANCE AND PAYMENT BONDS TO A TOTAL OF $50,000 AND THEREAFTER TO PERMANENTLY REDUCE THE TOTAL AMOUNT OF THE PERFORMANCE AND PAYMENT BONDS TO $250,000 CONDITIONED UPON SARMIENTO AGREEING TO MAINTAIN, AS AN EMERGENCY, THE EXISTING BUS SHELTERS IN THE CITY RIGHTS -OF -WAY AS PER THE ATTACHED PROPOSAL, PROVIDED THAT IF ANY SHELTER IS USED FOR ADVERTISING THE CITY SHALL NOT PAY TO MAINTAIN THE SHELTER AND SARMIENTO SHALL PAY THE CITY AT THE RATE LAST PAID BY THE PREVIOUS BUS SHELTER CONTRACTOR. RE.2 04-00619 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY KIM D. LEE, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $375,000 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 KIM D. LEE V. CITY OF MIAMI & LOUIS FERRARO, IN THE UNITED STATES DISTRICT COURT, CASE NO. 98-2814-CIV-HIGHSMITH, 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. RE.3 04-00501 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FROM THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("FDOT"), THE CONVEYANCE OF THE FOLLOWING TWO PARCELS OF LAND FOR PUBLIC PURPOSE USE SUBJECT TO COMPLETION OF DUE DILIGENCE BY THE CITY OF MIAMI ("CITY") INCLUDING, BUT NOT LIMITED TO, REVIEW OF THE SURVEYS, APPRAISALS, ENVIRONMENTAL REPORTS, TITLE WORK AND INSURANCE: (A) PARCEL 1 CONTAINING APPROXIMATELY 1.7 ACRES OF LAND LOCATED AT APPROXIMATELY NORTHWEST 20TH STREET, ADJACENT TO INTERSTATE HIGHWAY NO. 95, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $16,000, FROM THE CAPITAL IMPROVEMENT PROJECTS ("CIP"), POLICE TRAINING FACILITY FUNDING PROJECT ACCOUNT NO. City ofMiami Page 14 Printed on 3/11/2008 City Commission Meeting Agenda June 10, 2004 312043.509307.270, APPROPRIATED FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND, FOR THE COST OF DUE DILIGENCE AND CLOSING EXPENSES; AND (B) PARCEL 2 CONTAINING APPROXIMATELY 2.31 ACRES OF LAND LOCATED BETWEEN NORTHWEST 15TH STREET AND 17TH STREET, ALONG NORTHWEST 6TH PLACE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT B," ATTACHED AND INCORPORATED; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $22,000, FROM CIP, WAGNER CREEK RENOVATIONS - PHASE IV, PROJECT ACCOUNT NO. 352259.509301.270, FOR THE COST OF DUE DILIGENCE AND CLOSING EXPENSES. DATE: MAY 27, 2004 ACTION: DEFERRED RE.4 04-00545 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY APPROVING AN INCREASE IN THE PURCHASE ORDER WITH COHABI GROUP, INC., FOR THE PROJECT ENTITLED "OVERTOWN SHOPPING CENTER -GREASE TRAP, B-3279," IN AN AMOUNT NOT TO EXCEED $35,000, INCREASING THE PURCHASE ORDER FROM $21,840 TO $56,840, FOR ADDITIONAL WORK REQUIRED; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. 311062; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. DATE: MAY 27, 2004 ACTION: DEFERRED City ofMiami Page 15 Printed on 3/11/2008 City Commission Meeting Agenda June 10, 2004 BC.1 04-00311 Office of the City Clerk BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. Joe Sanchez as Chairperson of the Bayfront Park Management Trust Johnny L. Winton as Chairperson of the Downtown Development Authority Angel Gonzalez as Chairperson of the Orange Bowl Advisory Board Arthur E. Teele, Jr. as Chairperson of the OMNI Community Redevelopment Agency Johnny L. Winton as Vice Chairperson of the OMNI Community Redevelopment Agency Arthur E. Teele, Jr. as Chairperson of the Southeast Overtown/Park West Community Redevelopment Agency Johnny L. Winton as Vice Chairperson of the Southeast Overtown/Park West Community Redevelopment Agency Tomas Regalado as Vice Chairperson of the Miami Sports and Exhibition Authority Angel Gonzalez as a member of the Commercial Solid Waste Management Advisory Committee Tomas Regalado as a member of the Dade County Visitors Industry Voluntary Education Service Training Trust Joe Sanchez as a member of the Dade League of Cities Arthur E. Teele, Jr. as a member of the Enterprise Zone Advisory Council Joe Sanchez as a member of the Florida League of Cities Manuel A. Diaz, Mayor as a member of the Greater Miami Convention and Visitors Bureau City ofMiami Page 16 Printed on 3/11/2008 City Commission Meeting Agenda June 10, 2004 Joe Sanchez as a member of the Metro Dade Community Action Board Manuel A. Diaz, Mayor as a member of the Metropolitan Planning Organization (MPO) Joe Sanchez as a member of the Miami River Commission Angel Gonzalez as a member of the South Florida Employment and Training Consortium Angel Gonzalez as a member of the Tourism Development Council Tomas Regalado as an ex-officio, nonvoting member of the Little Havana Festival Committee Joe Sanchez as an ex-officio, nonvoting member of the Miami -Dade HIV/AIDS Partnership Johnny L. Winton as Chairperson of the Coconut Grove Special Events and Marketing Committee DATE: MAY 27, 2004 ACTION: DEFERRED City ofMiami Page 17 Printed on 3/11/2008 City Commission Meeting Agenda June 10, 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 04-00594 DISCUSSION ITEM Department of DISCUSSION CONCERNING A STATUS REPORT OF BUS BENCHES, Public Works BUS SHELTERS AND ALL RELATED MATTERS. DI.2 04-00429 DISCUSSION ITEM A DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. DATE: MAY 6, 2004 ACTION: DEFERRED DATE: MAY 27, 2004 ACTION: DEFERRED DI.3 04-00623 DISCUSSION ITEM DISCUSSION CONCERNING A REPORT FOR A PLAN TO IMPLEMENT STATE LAW RELATED TO CLUC 90 OF COUNTY DELINQUENT TAX LAND. City ofMiami Page 18 Printed on 3/11/2008 City Commission Meeting Agenda June 10, 2004 PART B The following items shall not be considered before 3:00 pm. PZ.1 03-0415 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE KUBIK AT MORNINGSIDE PROJECT, TO BE LOCATED AT APPROXIMATELY 5600-5780 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO BE PROPOSED AS TWO 14-STORY BUILDINGS WITH TWO DESIGN OPTIONS WITH THE "ALTERNATIVE A" OPTION COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 41,745 SQUARE FEET OF RETAIL/RESTAURANT SPACE, AND APPROXIMATELY 422 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. DATE: APRIL 22, 2004 ACTION: CONTINUED DATE: MAY 6, 2004 ACTION: CONTINUED City ofMiami Page 19 Printed on 3/11/2008 City Commission Meeting Agenda June 10, 2004 PZ.2 04-00296b ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A 120-DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR ALL DEVELOPMENT ORDERS FOR DEVELOPMENT IN EXCESS OF 40 FEET IN HEIGHT, EXCLUDING ONLY SUCH PERMIT APPLICATIONS THAT ARE COMPLETE AND FULLY APPROVED, SUCH TEMPORARY MORATORIUM TO APPLY TO ALL PROPERTIES LOCATED ON THE SOUTHWEST 27TH AVENUE CORRIDOR FROM CORAL WAY TO US-1, EXCLUDING ONLY SUCH PROPERTIES LOCATED ON THE WEST SIDE OF THE CORRIDOR AND LOCATED BETWEEN US-1 AND SOUTHWEST 25TH STREET; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW; PROVIDING FOR DISSOLUTION UPON COMPLETION OF THE 27TH AVENUE CORRIDOR STUDY OR THE EARLIER OF 120 DAYS OR THE EFFECTIVE DATE OF THE CURATIVE ORDINANCE ADDRESSING THE REMEDIAL EFFORTS AND IMPLEMENTING STUDY RESULTS IN WHICH CASE THIS ORDINANCE SHALL BE REPEALED; PROVIDING FOR A REPEALER PROVISION ON THE EFFECTIVE DATE OF THE REMEDIAL ORDINANCE AND AN IMMEDIATE EFFECTIVE DATE. REQUEST: To Establish a 120-Day Temporary Moratorium APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval, excluding only such applications as are complete, to City Commission on June 16, 2004 by a vote of 5-1. This item is related to File ID 04-00296 and 04-00296a. PURPOSE: This will establish a 120-day temporary moratorium on the acceptance of all development orders for development in excess of 40 feet in height for certain properties located on the SW 27th Avenue corridor from Coral Way to US-1. City ofMiami Page 20 Printed on 3/11/2008