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Home My WebLink AboutCC 2007-03-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, March 22, 2007 9:00 AM SUPPLEMENTAL City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes March 22, 2007 RESOLUTIONS SI.1 RESOLUTION 07-00398 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE SALE OF CERTAIN CITY OF MIAMI Development ("CITY") OWNED PARCELS, TO PROGRESSIVE VISION CDC, AS SPECIFIED IN "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY. 07-00398 Legislation SUB.pdf 07-00398 Exhibit SUB.pdf 07-00398 Summary Form.pdf Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Roll Ca11: Present: Chairman Gonzalez, Commissioner Sarnoff, Vice -Chairman Sanchez, Commissioner Regalado and Commissioner Spence -Jones R-07-0172 Chairman Gonzalez: I'm going to take the Supplemental Agenda. I have been told that it was advertised for 9 o'clock this morning. SI.1. Barbara Gomez (Director, Community Development): I have provided you -- substitute agendas to all of you. On -- Chairman Gonzalez: Right. Ms. Gomez: -- S1 [sic], basically what we're doing is -- and let me go back to say that these three supplemental agenda deals with tax credit applications that are due at Florida Housing April 10. S1 [sic], the substitute just deal with format, but basically, we are doing a purchase and sale agreement to Progressive Vision, CDC (Community Development Corporation), and it's basically saying, if you're able to get tax credit awards, we're going to transfer to you five parcels of land from the City of Miami, so basically, it is requesting approval to have a sale and purchase agreement for -- under Progressive Vision, CDC; will have an expiration date of December 31, 2007. We will not transfer any land until they've been awarded the tax credit deal. Progressive will pay the City any incurred cost on the property, and these property, once they obtained tax credit, they will all be for affordable housing, so that's basically S1 [sic]. Chairman Gonzalez: All right. Anyone from the public that wants to speak on the item? Seeing none, hearing none, public hearing is closed. Need a motion on SI.1. Commissioner Spence -Jones: So moved. Chairman Gonzalez: We have a motion. Is there a second? City of Miami Page 2 Printed on 12/14,2010 City Commission Meeting Minutes March 22, 2007 SI.2 07-00399 Department of Community Development Vice Chairman Sanchez: Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. SI.2. Priscilla A. Thompson (City Clerk): We just need to make sure we show for the record that that resolution was modified. Jorge L. Fernandez (City Attorney): Yes. Chairman Gonzalez: Yeah, as modified. Mr. Fernandez: Correct. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE RESCISSION OF RESOLUTION NO. 06-0423, ADOPTED JULY 13, 2006, AND THE TERMINATION OF THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND MADISON HOUSING, LTD., DATED AUGUST 1, 2006; FURTHER AUTHORIZING THE CONVEYANCE, WITH PARCEL REVERTER PROVISIONS, OF CERTAIN CITY OWNED PARCELS OF LAND, TRACTS B AND D AS LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO MADISON HOUSING, LTD., FOR THE DEVELOPMENT OF AFFORDABLE RENTAL AND/OR HOMEOWNERSHIP UNITS ("PROJECT"); REQUIRING SAID DEVELOPER'S ASSUMPTION OF $1,237,875, OF THE CITY'S INVESTMENT IN THE PROJECT AND THE PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE. 07-00399 Legislation SUB.pdf 07-00399 Exhibit SUB.pdf 07-00399 Summary Form.pdf 07-00399 Text File Report.pdf 07-00399 Pre-Attachment.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0173 Chairman Gonzalez: SL2. Barbara Gomez (Director, Community Development): SL2, again, is a substitute item that we have provided to you, and this one, number one, we're including the purchase and sale City of Miami Page 3 Printed on 12/14/2010 City Commission Meeting Minutes March 22, 2007 agreement, and this will be -- we had conveyed these properties to Madison, and they do have - - it was a resolution that was adopted by the City Commission on July 13, 2007, and what we're doing right now is just basically splitting the project into two. This will give us an opportunity to apply for two tax credit application, and the substitute, basically what we did, we split the debt. On S2 [sic], we split the debt saying that they would owe us, if this tax credit application is awarded, 1, 650, 500, which is 75 percent of the total cost that they had agreed on. Chairman Gonzalez: All right. Anyone from the public wants to speak on this item? Seeing none, hearing none, comes back to the Commission. Is there a motion? Commissioner Spence -Jones: So moved. Chairman Gonzalez: We have a motion. Is there -- Commissioner Regalado: Second. Chairman Gonzalez: -- a second? We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Commissioner Spence -Jones: Mr. Chairman, you have another item on -- Chairman Gonzalez: That was also amended, wasn't it? Priscilla A. Thompson (City Clerk): Yes. Ms. Gomez: It was amended -- Chairman Gonzalez: As amended. Ms. Gomez: -- and now the third one. Commissioner Spence -Jones: All right. Chairman Gonzalez: As amended. Commissioner Spence -Jones: I just have another comment in the end, but go ahead. SI.3 RESOLUTION 07-00400 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CONVEYANCE, WITH PARCEL Development REVERTER PROVISIONS, OF CERTAIN CITY OF MIAMI ("CITY") OWNED PARCELS OF LAND, TRACTS A AND C AS LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO MADISON HOUSING II, LTD., FOR THE DEVELOPMENT OF AFFORDABLE RENTAL AND/OR HOMEOWNERSHIP UNITS ("PROJECT"); REQUIRING SAID DEVELOPER'S ASSUMPTION OF $412,625, OF THE CITY'S INVESTMENT IN THE PROJECT AND THE PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY DOCUMENTS FOR City of Miami Page 4 Printed on 12/14,2010 City Commission Meeting Minutes March 22, 2007 SAID PURPOSE. 07-00400 Legislation SUB.pdf 07-00400 Exhibit SUB.pdf 07-00400 Summary Form.pdf 07-00400 Text File Report.pdf 07-00400 Pre-Attachment.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0174 Barbara Gomez (Director, Community Development): And S1.3 [sic], again, another sub -- it's -- we substitute, and the only thing we're doing on the substitute is, basically, we are splitting the debt, and what we're basically saying is that Madison Housing gets these tax credits; they would pay back the City 25 percent of the debt, which is 412, 625. Chairman Gonzalez: All right. Is there a motion on SI.3? Commissioner Spence -Jones: So moved. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: Anyone from the public that wants to speak on the item? Seeing none, hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Commissioner Spence -Jones: Mr. Chairman, I just want to ask Barbara -- Chairman Gonzalez: Motion carries. Commissioner Spence -Jones: Thank you. Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: Barbara, on these -- I just want to be real clear with my colleagues. These are the first item that we approved and the second item that we approved, but especially the one that's in Overtown. Here's something that a piece of parcel that we've been trying to move for a very long time to get something built on, so hopefully, we're going to be able to, at least, move that project to the next level and we'll win, so I know that there's a big need in Overtown, and hopefully, this will provide the much -needed housing in the area, and then the first one was another project that we've been trying to move for years now, I'm assuming, correct, Barbara -- Ms. Gomez: Correct. Commissioner Spence -Jones: -- which is on the heart of a commercial corridor, which is 7th Avenue, and we've been trying to get something built there, so hopefully, we'll be able to get City of Miami Page 5 Printed on 12/14/2010 City Commission Meeting Minutes March 22, 2007 that done. Ms. Gomez: Correct. These are three applications that will be going to Florida Housing; we hope to be successful. The reason that we did a split on the one in Allapat -- in Overtown was to basically gives us two chance to win an application, so hopefully, we will have something good corning out this year. Commissioner Spence -Jones: OK. SI.4 RESOLUTION 07-00394 Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), APPROVING THE ASSIGNMENT OF A CITY OF MIAMI ("CITY") COMMERCIAL SOLID WASTE NON-EXCLUSIVE FRANCHISE AGREEMENT AND ADDENDUM THERETO, BETWEEN THE CITY AND BFI WASTE SYSTEMS OF NORTH AMERICA, INC., TO WASTE SERVICES OF FLORIDA, INC. AND WASTE SERVICES, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSIGNMENT AND ASSUMPTION AGREEMENT, THE CITY'S COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT, AND THE ADDENDUM TO THE CITY'S COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS. City of Miami Page 6 Printed on 12/14/2010 City Commission Meeting Minutes March 22, 2007 07-00394 Legislation .pdf 07-00394 Exhibit .pdf 07-00394 Exhibit 2 .pdf 07-00394 Exhibit 3 .pdf 07-00394 Exhibit 4 .pdf 07-00394 Exhibit 5 .pdf 07-00394 Exhibit 6 .pdf 07-00394 Exhibit 7 .pdf 07-00394 Exhibit 8 .pdf 07-00394 Exhibit 9 .pdf 07-00394 Exhibit 10 .pdf 07-00394 Exhibit 11 .pdf 07-00394 Exhibit 12 .pdf 07-00394 Exhibit 13 .pdf 07-00394 Exhibit 14 .pdf 07-00394 Exhibit 15 .pdf 07-00394 Exhibit 16 .pdf 07-00394 Exhibit 17 .pdf 07-00394 Exhibit 18 .pdf 07-00394 Exhibit 19 .pdf 07-00394 Exhibit 20 .pdf 07-00394 Exhibit 21 .pdf 07-00394 Exhibit 22 .pdf 07-00394 Summary Form.pdf 07-00394 Memo.pdf 07-00394 Letter .pdf 07-00394 Master Report.pdf 07-00394 Pre -Legislation .pdf 07-00394 Memo 2 .pdf 07-00394 Pre -Legislation 2 .pdf 07-00394 Addendum .pdf 07-00394 Franchise Agreement .pdf 07-00394 Master Report 2 .pdf 07-00394 Pre -Legislation 3 .pdf 07-00394 Pre -Legislation 4 .pdf 07-00394 Memo 3 .pdf 07-00394 Memo 4 .pdf 07-00394 Master Report 3 .pdf 07-00394 Pre -Legislation 5 .pdf 07-00394 Memo 5 .pdf 07-00394 Pre -Attachment .pdf 07-00394 Franchise Agreement 2 .pdf 07-00394 List of Approved Haulers .pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner(s) Sarnoff R-07-0175 Chairman Gonzalez: All right. SI.4. City of Miami Page 7 Printed on 12/14,2010 City Commission Meeting Minutes March 22, 2007 Mario Soldevilla: Good morning, Commissioners. Mario Soldevilla, director of Solid Waste. Commissioner, before you is a resolution for the assignment of a franchise fee between BFI (Brown -Ferris Industries) and Waste Services, Inc. Pursuant to Article 13 of the agreement, you are able to assign a title, provided that they meet certain conditions. Conditions are, one, that the assignment is in the best interest of the City; that BFI, or the assignee, is in full compliance with the terms of the agreement; that they have notified us properly, and that they request the assignment. BFI has complied with all of these factors, and we find that -- we found that they are in full compliance, and therefore, recommend the assignment. Vice Chairman Sanchez: This is basically a routine item to transfer the franchise agreement? Mr. Soldevilla: Yes, sir. Vice Chairman Sanchez: OK, and this agreement brings how much to the City? Mr. Soldevilla: BFI had approximately 1.7 million last year in franchise fees. Vice Chairman Sanchez: All right, and they are in compliance with all the requirements? Mr. Soldevilla: Yes, they are. They are fully paid up. Vice Chairman Sanchez: So moved, Mr. Chairman. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Mr. Soldevilla: Thank you. City of Miami Page 8 Printed on 12/14/2010