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HomeMy WebLinkAboutCC 2004-06-10 Marked AgendaCity of Miami Marked Agenda 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 Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Thursday, June 10, 2004 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 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 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 City of Miami Page 1 Printed on 6/14/2004 City Commission Marked Agenda { June 10, 2004 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 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 3:00 pm. • City of Miami Page 2 Printed on 6/14/2004 City Commission Marked Agenda June 10, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Regalado and Chairman Teele Absent: Commissioner Winton and Vice Chairman Sanchez On the 10th day of June, 2004, 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 at 9:39 a.m. by Chairman Arthur E. Teele Jr., with Vice Chairman Sanchez and Commissioner Winton absent, recessed at 12:28 p.m., reconvened at 3:09 p.m., recessed at 4:58 p.m., reconvened at 5:28 p.m., and adjourned at 7:42 p.m. Note for the Record: Vice Chairman Sanchez came in at 9:42 a.m. and Commissioner Winton came in at 9:48 a.m. ALSO PRESENT: Joe Arriola, City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS DELIVERED Commissioner Regalado recognized the Shenandoah Park Cheerleading and Dance team for winning the 2003 & 2004 National Championships. MAYORAL VETOES NO 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 MOVED: Joe Sanchez SECONDED: Tomas Regalado Motion to APPROVE PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Teele ABSENT: Commissioner Winton ORDER OF DAY MAYOR AND COMMISSIONER'S ITEMS CITYWIDE City of Miami Page 3 Printed on 6/14/2004 City Commission J Marked Agenda June 10, 2004 HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 04-00555 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION REGARDING THE QUALITY OF CAPITAL IMPROVEMENT PROJECTS AND THE ECONOMIC IMPACT OF ADMINISTRATIVE ERRORS. DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Winton absent, to DEFER item D4.1 to the next Commission Meeting. D4.2 04-00638 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION REGARDING THE CITY OF MIAMI STREET FEEDING PROJECT. DISCUSSED Direction to the City Attorney by Commissioner Regalado to draft language for an ordinance that the City will eventually propose to stop the feeding of homeless on City of Miami streets. DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR. D5.1 04-00568 DISCUSSION ITEM DISCUSSION REGARDING MR. ROGER SNELL AND THE FAMILY REHAB PROGRAM. City of Miami Page 4 Printed on 6/14/2004 City Commission Marked Agenda June 10, 2004 DISCUSSED Direction to the City Attorney by Chairman Teele to work with the City Manager and Mr. Snell regarding Mr. Snell's concerns about the Family Rehab Program work for his home and come back to the Commission with a report and recommended solution; further stating that if Mr. Snell is not satisfied with the recommended solution, the matter will come back at the Commission Meeting currently scheduled for July 8, 2004. City of Miami Page 5 Printed on 6/14/2004 City Commission Marked 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, 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, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO THE CONDITIONS CONTAINED HEREIN; ALLOCATING PROCEEDS FROM THE SALE OF THE PROPERTY TO A CITY-WIDE AFFORDABLE HOUSING TRUST FUND. R-04-0380 MOVED: Angel Gonzalez SECONDED: Johnny L. Winton Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton and Teele ABSENT: Commissioner Sanchez and Regalado 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. R-04-0382 City of Miami Page 6 Printed on 6/14/2004 City Commission Marked Agenda June 10, 2004 MOVED: Angel Gonzalez SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Teele ABSENT: Commissioner Winton 9:30 A.M. PH.3 04-00583 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONVEYANCE, WITH PARCEL REVERTER PROVISIONS, OF THE CITY - OWNED 12 UNIT MULTI -FAMILY APARTMENT BUILDING LOCATED AT 2368 NORTHWEST 35TH STREET, MIAMI, FLORIDA ("PROPERTY"), TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., A 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. R-04-0370 MOVED: Angel Gonzalez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele PH.4 04-00584 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DE - OBLIGATION OF HOME INVESTMENT PARTNERSHIPS ("HOME") 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. R-04-0371 MOVED: Johnny L. Winton SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Direction by Chairman Teele to the City Manager to work with the Model City Homeownership Trust to ensure that a model house be built on a corner lot to showcase the pilot project in the Model City Trust zone. City of Miami Page 7 Printed on 6/14/2004 City Commission Marked Agenda June 10, 2004 PH.5 04-00585 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE OF STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") 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. R-04-0372 MOVED: Angel Gonzalez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele PH.6 04-00586 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) , APPROVING THE CITY OF MIAMI'S ("CITY") PUBLIC 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. DEFERRED PH.6 was DEFERRED to the Commission Meeting currently scheduled for July 8, 2004. PH.7 04-00589 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) , AUTHORIZING THE DE -OBLIGATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE 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, City of Miami Page 8 Printed on 6/14/2004 City Commission Marked Agenda June 10, 2004 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. R-04-0373 MOVED: Joe Sanchez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele PH.8 04-00587 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) , APPROVING THE CITY OF MIAMI'S ("CITY") 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. R-04-0374 MOVED: Angel Gonzalez SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele PH.9 04-00590 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) , ALLOCATING 30TH YEAR COMMUNITY 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 City of Miami Page 9 Printed on 6/14/2004 City Commission Marked Agenda June 10, 2004 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. R-04-0375 MOVED: Angel Gonzalez SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Direction to the Administration by Chairman Teele to provide a detailed report at the Commission Meeting currently scheduled for July 8, 2004, on the housing activites for the last three to four years, speficially, what is being done and what is being proposed to do, and a recommendation as to whether or not the City should roll back on its agreement with Federal Housing and Urban Development (HUD); further instructing the Administration to schedule a report and update on the Office of Inspector General (OIG) report, beginning with the commencement of this problem and what the Commission resolution mandated. PH.10 04-00591 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) , AUTHORIZING THE ACCEPTANCE OF HOME INVESTMENT PARTNERSHIPS PROGRAM ("HOME') FUNDS, IN A TOTAL AMOUNT NOT TO EXCEED $5,117,000; ALLOCATING SAID FUNDS TO THE VARIOUS HOUSING 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. R-04-0376 MOVED: Angel Gonzalez SECONDED: Joe Sanchez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Direction to the Administration by Chairman Teele to provide a detailed report at the Commission Meeting currently scheduled for July 8, 2004, on the housing activites for the last three to four years, similar to the report being requested in Item PH.9. PH.11 04-00588 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) , APPROVING THE ALLOCATION OF FISCAL YEAR 2004-2005 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM Ciry of Miami Page 10 Printed on 6/14/2004 City Commission Marked Agenda June 10, 2004 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 , FORA 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. R-04-0377 MOVED: Joe Sanchez SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele PH.12 04-00592 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) , AUTHORIZING THE ALLOCATION OF 30TH PROGRAM 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 FACADE 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. R-04-0378 MOVED: Joe Sanchez SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Direction to the Administration by Chairman Teele to schedule a discussion on the City's contract with the Small Business Opportunity Center for the July 8, 2004 Commission Meeting; further requesting that Item PH. 12 be rescheduled at the July 8, 2004 Commission Meeting for a rehearing; Vice Chairman Sanchez further requested that Mr. Luis Sabines from the Small Business Opportunity Center meet with the City Attorney prior to this item being heard on July 8, 2004. Direction to the Administration by Chairman Teele to bring back the final memorandum of agreement with the Little Haiti Credit Union at the Commission Meeting currently scheduled for July 8, 2004; further to ensure that all meetings between the Administration and the Board of Directors of the credit union are noticed as public meetings. City of Miami Page 11 Printed on 6/14/2004 City Commission Marked Agenda June 10, 2004 A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, stipulating that facade projects are to be done by agencies other than government unless specifically approved by the City Commission. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Vice Chairman Sanchez absent, to instruct the City Manager and City Attorney to work with the County to provide $250,000 in matching funds for the SW 8th Street and Flagler Street Corridor and report back to the Commission in 30 days or at the July 8, 2004 Commission Meeting. PH.13 04-00593 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE ALLOCATION OF 30TH PROGRAM 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 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. R-04-0379 MOVED: Angel Gonzalez SECONDED: Johnny L. Winton Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Winton and Teele ABSENT: Commissioner Sanchez and Regalado Direction to the City Manager by Chairman Teele to inquire how much funding the County has set aside for the Neighborhood Center in Little Haiti in the County's Bond issue and report back to the Commission at the July 8, 2004 Commission Meeting. Direction to the Administration by Chairman Teele to meet with Ms. Marcia Toussaint from ADGAM, Inc., to discuss the evaluation of her organization's Request For Proposals (RFP) for solicitation of public service funding and reschedule her organization to come before the Commission at the July 8, 2004 Commission Meeting with any adjustments or recommendationss that may be made. Direction to the Administration by Chairman Teele to readvertise the economic development program for the July 8, 2004 Commission Meeting and work with FAMN AYISYEN NAN MIYAMI, INC. to see if additional funding can be obtained for its economic development program and further requesting that the administration meet with the County to see how they are assessing the FAMN AYISYEN NAN MIYAMI, INC. program. Direction to the Administration by Chairman Teele to place a discussion item on the July 8, 2004 Commission Meeting related to elderly programs that received funding from the Mayor's Poverty Initiative. Direction to the City Manager by Commissioner Gonzalez to look into ways of how the City can alleviate the situation of lack of funding for elderly feeding programs. City of Miami Page 12 Printed on 6/14/2004 City Commission Marked Agenda June 10, 2004 PH.14 04-00373 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONVEYANCE OF VACANT CITY -OWNED REAL PROPERTY LOCATED 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. DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Winton absent, to DEFER item PH.14 to the Commission Meeting currently scheduled for July 8, 2004. City of Miami Page 13 Printed on 6/14/2004 City Commission Marked Agenda June 10, 2004 ORDINANCES - EMERGENCY 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 A.PPROVED FUNDS AND APPROPRIATING NEW FUNDING; ESTABLISHING AND APPROPRIATING NEW CAPITAL PROJECT NO. 326010 ENTITLED " MIAMARINA IMPROVEMENTS"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 12544 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 Teele EM.2 04-00493 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 AND A SEVERABILITY CLAUSE. Emergency Ordinance 12543 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele EM.3 04-00556 ORDINANCE Emergency Ordinance (4/5THS VOTE) 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 City of Miami Page 14 Printed on 6/14/2004 City Commission Marked Agenda - June 10, 2004 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. 12545 MOVED: Angel Gonzalez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele EM.4 04-00560 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 38 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION" 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. 12546 MOVED: Angel Gonzalez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Direction to the City Manager by Chairman Teele to develop clear uniform minimum standards for streets and sidewalks; further directing the Manager to avoid emergency ordinances whenever possible. City of Miami Page 15 Printed on 6/14/2004 - City Commission Marked Agenda June 10, 2004 RESOLUTIONS RE.1 04-00482 RESOLUTION 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. DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to DEFER item RE.1. RE.2 04-00619 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE 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. R-04-0381 MOVED: Joe Sanchez SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Teele ABSENT: Commissioner Winton 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 City of Miami Page 16 Printed on 6/14/2004 City Commission Marked Agenda June 10, 2004 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, POLICE TRAINING FACILITY FUNDING PROJECT ACCOUNT NO. 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 THE CAPITAL IMPROVEMENT PROJECTS, WAGNER CREEK RENOVATIONS - PHASE IV, PROJECT ACCOUNT NO. 352259.509301.270, FOR THE COST OF DUE DILIGENCE AND CLOSING EXPENSES. DEFERRED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to DEFER item RE.3 to the Commission meeting currently scheduled for July 8, 2004; further authorizing the City Manager to sever the two issues, (1) police training facility and (2) Wagner Creek; further directing the Manager to bring back a complete package including the funding allocation and all plans for the police training facility; further requesting the Manager to bring back proposed plans for Camillus House and a complete proposed plan for Wagner Creek, including environmental concerns which affect Allalpattah. RE.4 04-00545 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) 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. R-04-0386 MOVED: Angel Gonzalez SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele City of Miami Page 17 Printed on 6/14/2004 City Commission Marked Agenda — June 10, 2004 BOARDS AND COMMITTEES BC.1 04-00311 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 Joe Sanchez as a member of the Metro Dade Community Action Board City of Miami Page 18 Printed on 6/14/2004 City Commission Marked Agenda June 10, 2004 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 R-04-0387 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 Teele Direction to the City Attorney by Chairman Teele to provide a written opinion and memorandum, prior to leaving employment by the City, regarding the Community Redevelopment Agency (CRA) based upon actions taken by Chairman Teele before the Oversight Board that set aside the ordinances relating to the CRA; further directing the City Attorney to meet with each of the members of the CRA (as City Commissioners) relating to the ordinance that governs the operations and the organizational structure of the CRA. City of Miami Page 19 Printed on 6/14/2004 City Commission Marked Agenda June 10, 2004 DISCUSSION ITEMS DI.1 04-00594 DISCUSSION ITEM DISCUSSION CONCERNING A STATUS REPORT OF BUS BENCHES, BUS SHELTERS AND ALL RELATED MATTERS. DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to DEFER item DI.1. DI.2 04-00429 DISCUSSION ITEM A DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. DISCUSSED Direction to the City Attorney and the City Manager by Chairman Teele to meet with the Chief of Police and the Chief of Fire Departments to review and explain the provisions of the Anti -Deficiency Ordinance; further directing the City Attorney to come back at the next Commission meeting to report on the meeting with the Fire and Police Chiefs. Direction to the City Manager by Commissioner Gonzalez to provide a report covering the following: 1. How much overtime has been recorded this fiscal year for each City department; 2. Rental cars for Police and Fire Departments listing models and cost; 3. The operational hours of the Police Internal Affairs Unit. Direction to the City Manager by Vice Chairman Sanchez to provide him with a copy of the City's expenditures and the City's revenues. Direction to the City Manager by Chairman Teele to meet with each member of the Commission for their input on the Quality of Life Task Force and to schedule an emergency ordinance at the next meeting instituting what the Commission wishes related to said task force, particularly its code enforcement effort. 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. DISCUSSED Direction to the City Manager by Chairman Teele to provide by the July 8, 2004 Commission meeting, a plan to acquire lots for affordable housing and a status report on the sale of liens filed by the City of Miami. City of Miami Page 20 Printed on 6/14/2004 City Commission Marked 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, 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; OR THE " ALTERNATIVE B" OPTION WHICH IS COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 33,046 SQUARE FEET OF RETAIL/RESTAURANT SPACE, AND APPROXIMATELY 362 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. REQUEST: Major Use Special Permit for the Kubik at Morningside Project LOCATION: Approximately 5600-5780 Biscayne Boulevard APPLICANT(S): Kubik, LLC; Biscayne Premier Investments, Inc and Mark's Classics Corp APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 17, 2003 by a vote of 4-2. Recommended approval with conditions* of the substantial modification to City Commission on April 7, 2004 by a vote of 5-4. ZONING BOARD: Recommended approval of special exceptions to City Commission on December 15, 2004 by a vote of 9-0. *See supporting documentation. PURPOSE: This will allow a mixed -use multifamily residential development. R-04-0383 MOVED: Johnny L. Winton City of Miami Page 21 Printed on 6/14/2004 City Commission Marked Agenda June 10, 2004 SECONDED: Arthur E. Teele, Jr. UNANIMOUS Motion that this matter be ADOPTED PASSED bythe following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Note for the Record: Commissioner Winton created a local citizens subcommittee to study the relocation of the Women's Club building and come back with a recommendation in 30 days. Chairman Teele instructed the City Clerk to obtain the names and contact information of individuals interested in serving as members of said committee. PZ.2 04-00296b ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A 120- DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE OF A,PPLICATIONS 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: Pending recommendation on June 16, 2004. 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. DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to DEFER item PZ.2 to the Commission meeting currently scheduled for June 24, 2004, to be heard after 6:30 p.m. Direction to the City Manager by Commissioner Winton to coordinate a meeting with Commissioner Regalado and all the affected staff in connection with the proposed moratorium of development along the S.W. 27th Avenue Corridor to explain all aspects of this issue; further instructing the Manager to ascertain that the administration carries out all Commission directives. City of Miami Page 22 Printed on 6/14/2004 City Commission Marked Agenda June 10, 2004 Direction to the City Attorney by Chairman Teele to review with the Manager everything about item PZ.2 to ascertain that the matter can be taken up by the City Commission for first reading at the June 24, 2004 Commission meeting and second reading scheduled for July 8, 2004. City of Miami Page 23 Printed on 6/14/2004 City Commission Marked Agenda June 10, 2004 SUPPLEMENTAL AGENDA DISTRICT 4 COMMISSIONER TOMAS REGALADO SI.1 04-00640 DISCUSSION ITEM AN UPDATE FROM THE ADMINISTRATION REGARDING PERMITS BEING APPROVED FOR BUILDINGS LOCATED ON THE S.W. 27TH AVENUE CORRIDOR. DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to DEFER item SI.1 to the Commission meeting currently scheduled for June 24, 2004 at 6:31 p.m. SI.2 04-00641 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION REGARDING THE NUMBER OF UNCLASSIFIED EMPLOYEES WHO HAVE BEEN CONVERTED TO CLASSIFIED POSITIONS. DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Winton absent, to schedule an executive session on June 24, 2004 at 2:15 p.m. to discuss the AFSCME Local 1907/Cox vs. City of Miami case related to classified/unclassified positions. DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR. SI.3 04-00639 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 04-0305, WHICH ESTABLISHED A SELECTION ADVISORY COMMITTEE TO REVIEW AND RECOMMEND CANDIDATES FOR THE POSITION OF CITY ATTORNEY, BY CHANGING THE REQUIRED PUBLIC ADVERTISING PERIOD FROM 45 DAYS, TO APPROXIMATELY 30 DAYS. R-04-0385 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 Teele Direction to the City Attorney by Chairman Teele to instruct Deputy Attorney Joel Maxwell to meet with each member of the Commission in order to develop criteria to be used by the City of Miami Page 24 Printed on 6/14/2004 City Commission Marked Agenda June 10, 2004 City Attorney Selection Committee in the evaluation of applicants for the City Attorney position. Direction to the City Attorney by Commissioner Winton to provide the Commission with job descriptions for the position of City Attorney in other significant large municipalities in the State of Florida, such as Fort Lauderdale, Orlando, Tampa, City of Miami Page 25 Printed on 6/14/2004 City Commission Marked Agenda June 10, 2004 NON -AGENDA ITEMS NA.1 04-00663 DISCUSSION ITEM Commission welcomes back Commissioner Gonzalez. NA.2 04-00664 DISCUSSION ITEM DIRECTION TO THE CITY ATTORNEY AND THE CITY CLERK BY CHAIRMAN TEELE TO DRAFT AN ORDINANCE THAT PROVIDES SPECIFICALLY WHAT THE FEDERALLY MANDATED PUBLIC NOTICE PROVISIONS ARE AS IT RELATES TO ADVERTISING OF COMMUNITY DEVELOPMENT PROGRAMS AND THAT IT BE MADE A PART OF THE RECORD OF THE PROCEEDINGS AND THAT THE PUBLIC NOTICE BE MADE PART OF THE AGENDA PACKET. NA.3 04-00659 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, PROVIDING SUPPORT, IN AN AMOUNT NOT TO EXCEED $20,000, TO THE AMERICAN CHILDREN'S FOUNDATION FOR PEACE INC., TO START THE FIRST AMERICAN CHILDREN'S ORCHESTRA AT ADA MERRITT ELEMENTARY SCHOOL SUMMER PROGRAM; ALLOCATING FUNDS FROM THE DISTRICT 3 ROLLOVER ACCOUNT NO. 001000.920918.6.930 MOVED: Joe Sanchez SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Teele ABSENT: Commissioner Winton NA.4 04-00660 DISCUSSION ITEM Introduction of new Parks Director, Ernest Burkeen. DISCUSSED NA.5 04-00656b ORDINANCE Non -Agenda AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, RELATING TO DEVELOPMENT FEES; AMENDING CHAPTER 13, SECTIONS 13-2 (b)(4) AND 13-6(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ELIGIBLE IMPACT FEE EXEMPTION DESIGNATION FOR ALL DUPLEX AND RESIDENTIAL DEVELOPMENT LOCATED OUTSIDE REVITALIZATION DISTRICTS, FROM "LOW AND/OR MODERATE INCOME HOUSING " TO "AFFORDABLE HOUSING" AND CLARIFYING QUALIFICATIONS FOR SUCH WAIVERS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 12542 MOVED: Angel Gonzalez City of Miami Page 26 Printed on 6/14/2004 City Commission Marked Agenda June 10, 2004 SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele NA.6 04-00665 DISCUSSION ITEM A motion was made by Commmissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, to appoint Maria J. Chiaro as Interim City Attorney effective June 25, 2004. MOTION City of Miami Page 27 Printed on 6/14/2004