CITY OF HOMESTEAD COUNCIL MEETING

Transcription

1 CITY OF HOMESTEAD COUNCIL MEETING City Council Jeff Porter, Mayor Stephen R. Shelley, Vice Mayor Jenifer N. Bailey, Councilwoman Jon A. Burgess, Councilman Patricia Fairclough, Councilwoman Elvis R. Maldonado, Councilman Larry Roth, Councilman George Gretsas, City Manager Elizabeth Sewell, MPA, MMC, City Clerk Weiss Serota Helfman Cole & Bierman, P.L., City Attorney Wednesday, December 20, 6:00 PM

2 CITY OF HOMESTEAD CITY COUNCIL MEETING AGENDA **PLEASE TURN OFF ALL ELECTRONIC DEVICES PRIOR TO ENTERING COUNCIL CHAMBERS. ** 6:00 PM CITY HALL COUNCIL CHAMBERS 100 CIVIC COURT, HOMESTEAD, FL DECORUM POLICY: No individual shall make slanderous or unduly repetitive remarks, or engage in any other form of behavior that disrupts or impedes the orderly conduct of the meeting, as determined by the Mayor and/or Sergeant at Arms. 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 permitted in the Council Chambers. Individuals addressing the Mayor and Council must first be recognized by the Mayor and must do so utilizing the designated podium in the Council Chamber. No more than one person may address the Council at a time unless specifically permitted by the Mayor. No person may stand in or on the aisles, the well or the dais. Individuals waiting to be recognized shall wait in an area designated by the City. Persons exiting the council chambers shall do so quietly. Any individuals determined to have violated the Rules of Decorum, as determined by the Mayor or Sergeant at Arms may be required to leave the Council Chambers. 1. CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE (a) (b) INVOCATION BY PASTOR RICH WHITTER, PASTOR OF LIFE POINTE CHURCH OF HOMESTEAD PLEDGE OF ALLEGIANCE VICE MAYOR SHELLEY & HOMESTEAD EXPLORERS 2. ROLL CALL 3. ADDITIONS, DELETIONS, DEFERRALS 4. CONSENT AGENDA i. (a) NOVEMBER 8, 2017 SPECIAL CALL MEETING/SWEARING-IN CEREMONY TAB 1 (b) NOVEMBER 28, 2017 COUNCIL PRESENTATION CEREMONY MINUTES (c) NOVEMBER 28, 2017 COUNCIL MINUTES

3 ii. ITEMS FROM THE DECEMBER 12, 2017 COMMITTEE OF THE WHOLE MEETING a. CAR #2235 COLLABORATION AGREEMENT WITH MIAMI-DADE COUNTY FOR ASSESSMENT TAB 2 OF FAIR HOUSING (AFH) b. CAR #2237 FY 2016/2017 CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION TAB 3 REPORT (CAPER) c. CAR #2238 HARRIS FIELD BASEBALL LIGHTING CIP #804 TAB 4 d. CAR #2240 ITB # LINE SETS & WEIGHTS FOR SEMINOLE THEATRE TAB 5 e. CAR #2241 REQUEST FOR WAIVER OF USAGE FEES TAB 6 5. PUBLIC HEARINGS ORDINANCES, LAND USE ITEMS, ETC.: (a) QUASI-JUDICIAL PUBLIC HEARINGS PLEASE BE ADVISED THAT THE FOLLOWING ITEMS ON THE AGENDA ARE QUASI-JUDICIAL IN NATURE. IF YOU WISH TO COMMENT UPON ANY OF THESE ITEMS, PLEASE INDICATE THE ITEM NUMBER YOU WOULD LIKE TO ADDRESS WHEN THE ANNOUNCEMENT REGARDING THE QUASI-JUDICIAL ITEM IS MADE. AN OPPORTUNITY FOR PERSONS TO SPEAK ON EACH ITEM WILL BE MADE AVAILABLE AFTER THE APPLICANT AND STAFF HAVE MADE THEIR PRESENTATIONS ON EACH ITEM. SWEARING IN. ALL TESTIMONY, INCLUDING PUBLIC TESTIMONY AND EVIDENCE, WILL BE MADE UNDER OATH OR AFFIRMATION. ADDITIONALLY, EACH PERSON WHO GIVES TESTIMONY MAY BE SUBJECT TO CROSS-EXAMINATION. IF YOU DO NOT WISH TO BE EITHER CROSS-EXAMINED OR SWORN, YOUR TESTIMONY WILL BE GIVEN ITS DUE WEIGHT. THE GENERAL PUBLIC WILL NOT BE PERMITTED TO CROSS-EXAMINE WITNESSES, BUT THE PUBLIC MAY REQUEST THE COUNCIL TO ASK QUESTIONS OF STAFF OR WITNESSES ON THEIR BEHALF. THE FULL AGENDA PACKET ON EACH ITEM IS HEREBY ENTERED INTO THE RECORD. PERSONS REPRESENTING ORGANIZATIONS MUST PRESENT EVIDENCE OF THEIR AUTHORITY TO SPEAK FOR THE ORGANIZATION. FURTHER DETAILS OF THE QUASI-JUDICIAL PROCEDURES MAY BE OBTAINED FROM THE CLERK. (IN ACCORDANCE WITH CODE SECTION 2-591, ANY LOBBYISTS MUST REGISTER BEFORE ADDRESSING THE COUNCIL ON ANY OF THE FOLLOWING ITEMS). AT THIS TIME COUNCILMEMBERS MUST DISCLOSE ANY EX-PARTE COMMUNICATIONS CONCERNING ANY ITEMS ON THE AGENDA. AT THIS TIME THE CLERK WILL SWEAR IN ANY PERSON(S) WHO WISHES TO TESTIFY ON ANY QUASI-JUDICIAL ITEM SECOND READING i. CAR #2221 PH AMENDING ORDINANCE NO FOR CENTERSTATE BANK TAB 7 OF FLORIDA, N.A. AN ORDINANCE OF THE CITY OF HOMESTEAD, FLORIDA, AMENDING A PREVIOUSLY APPROVED SPECIAL USE PERMIT GRANTED TO FIRST NATIONAL BANK OF HOMESTEAD PURSUANT TO ORDINANCE NO BY MODIFYING THE PERMITTED USE FROM BANK CLERICAL OFFICE SPACE TO OFFICE AND DELETING THE FIVE (5) YEAR TIME PERIOD RELATED TO RESTRICTIONS ON REAR ACCESS FOR PROPERTIES LOCATED AT 48, 82, AND 90 NW 17 TH STREET AS LEGALLY DESCRIBED IN EXHIBIT A; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 2

4 FIRST READING ii. CAR #2247 PH MODIFICATION TO THE BAYWINDS PUD MASTER PLAN TAB 8 AN ORDINANCE OF THE CITY OF HOMESTEAD, FLORIDA, APPROVING AN AMENDMENT TO THE PREVIOUSLY APPROVED BAYWINDS PLANNED UNIT DEVELOPMENT (PUD) MASTER DEVELOPMENT PLAN TO PERMIT A 140 FOOT STEALTH COMMUNICATIONS TOWER ON AN APPROXIMATELY 0.4 ACRE PARCEL LOCATED WITHIN THE BAYWINDS PUD GENERALLY LOCATED AT THE NORTHWEST INTERSECTION CORNER OF THEORETICAL SW 142 ND AVENUE AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT C-103 CANAL AS LEGALLY DESCRIBED IN EXHIBIT A; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. iii. CAR # 2249 PH SITE PLAN APPROVAL FOR GBX HOMESTEAD, LLC TAB 9 A RESOLUTION OF THE CITY OF HOMESTEAD, FLORIDA, GRANTING SITE PLAN APPROVAL FOR A 35,153 SQUARE FOOT WAREHOUSE BUILDING AND OFFICE USE ON APPROXIMATELY 2.46 ACRE PARCEL OF LAND WITHIN THE HOMESTEAD PARK OF COMMERCE (HPOC) LOCATED AT 1495 SE 36 TH AVENUE AS LEGALLY DESCRIBED IN EXHIBIT A; AND PROVIDING FOR AN EFFECTIVE DATE. 6. LEGISLATIVE MATTERS (a) ORDINANCES SECOND READING i. CAR # 2217 PH UPDATE TO COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS TAB 10 AN ORDINANCE OF THE CITY OF HOMESTEAD, FLORIDA ADOPTING THE MODIFIED AND UPDATED CAPITAL IMPROVEMENT PLAN (CIP) CONTAINED IN THE CAPITAL IMPROVEMENT ELEMENT OF CITY OF HOMESTEAD COMPREHENSIVE PLAN AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; PROVIDING FOR ADOPTION PURSUANT TO SECTION , FLORIDA STATUTES; PROVIDING FOR INCLUSION IN THE CITY OF HOMESTEAD COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. FIRST READING ii. CAR #1458 PH OPEN SPACE & RECREATIONAL REQUIREMENTS FOR PLANNED TAB 11 UNIT DEVELOPMENT (PUD) AN ORDINANCE OF THE CITY OF HOMESTEAD, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 30 ZONING, ARTICLE VI "PLANNED UNIT DEVELOPMENT" TO MODIFY THE OPEN SPACE AND RECREATIONAL AMENITIES REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 3

5 FIRST READING iii. CAR 2164 PH AMENDMENT TO THE DENSITY DEFINITION AND CALCULATION TAB 12 PURSUANT TO SECTION AN ORDINANCE OF THE CITY OF HOMESTEAD, FLORIDA, AMENDING THE CITY OF HOMESTEAD CODE OF ORDINANCES BY AMENDING ARTICLE IV, SUPPLEMENTAL DISTRICT REGULATIONS, OF CHAPTER 30 ZONING, AMENDING SECTION MAXIMUM DENSITY ESTABLISHED TO PROVIDE FOR THE MEASUREMENT OF MAXIMUM DENSITY ON A NET BASIS IN RESIDENTIAL DISTRICTS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. FIRST READING iv. CAR #2251 PH LOCATION OF SEXUALLY ORIENTED BUSINESS TAB 13 AN ORDINANCE OF THE CITY OF HOMESTEAD, FLORIDA, AMENDING THE CITY OF HOMESTEAD CODE OF ORDINANCES BY AMENDING CHAPTER 30 ZONING, ARTICLE IV SUPPLEMENTAL DISTRICT REGULATIONS, DIVISION 8 SPECIAL EXCEPTIONS, SECTION LOCATIONS OF SEXUALLY ORIENTED BUSINESSES BY MODIFYING REGULATIONS CONCERNING THE LOCATION OF SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. FIRST READING v. CAR #2250 PH TEXT AMENDMENT FOR LCS COMMUNICATION, LLC TAB 14 AN ORDINANCE OF THE CITY OF HOMESTEAD, FLORIDA AMENDING THE CITY OF HOMESTEAD COMPREHENSIVE PLAN BY AMENDING THE TEXT OF THE TECHNOLOGY MIXED USE (TMU) FUTURE LAND USE CATEGORY CONTAINED IN THE FUTURE LAND USE ELEMENT; PROVIDING FOR TRANSMITTAL OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND ALL OTHER UNITS OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; PROVIDING FOR ADOPTION PURSUANT TO SECTION , FLORIDA STATUTES; PROVIDING FOR INCLUSION IN THE CITY OF HOMESTEAD COMPREHENSIVE PLAN; PROVIDING FOR REPEAL OF CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. FIRST READING vi. CAR #2246 PH COMPREHENSIVE PLAN AMENDMENT FOR LCS TAB 15 COMMUNICATION, LLC AN ORDINANCE OF THE CITY OF HOMESTEAD, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE MAP DESIGNATION OF AN APPROXIMATELY 0.4 ACRE PARCEL FROM PROFESSIONAL MIXED USE (PMU) TO TECHNOLOGY MIXED USE (TMU) FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST INTERSECTION CORNER OF THEORETICAL SW 142 ND AVENUE AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT C-103 CANAL AS LEGALLY DESCRIBED IN EXHIBIT A; AUTHORIZING TRANSMITTAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 4

6 SECOND READING vii. CAR #2226 FY 2017 BUDGET AMENDMENT FOR GF, ELECTRIC UTILITY, SOLID WASTE & TAB 16 DISASTER RELIEF FUNDS AN ORDINANCE OF THE CITY OF HOMESTEAD, FLORIDA, AMENDING THE BUDGETS FOR EACH OF THE SEVERAL FUNDS AND DEPARTMENTS OF THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017, BY INCREASING THE TOTAL BUDGETED REVENUES AND EXPENDITURES BY $10,000,000 PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. SECOND READING viii. CAR #2227 FISCAL YEAR 2018 BUDGET AMENDMENT FOR PO S ROLLOVER FROM FY 2017 TAB 17 AN ORDINANCE OF THE CITY OF HOMESTEAD, FLORIDA, AMENDING THE BUDGETS FOR EACH OF THE SEVERAL FUNDS AND DEPARTMENTS OF THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018, BY INCREASING THE TOTAL BUDGETED REVENUES AND EXPENDITURES BY $53,445,065 PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. (b) MOTIONS i. CAR #2252 RFQ# ARCHITECTURAL & ENGINEERING SERVICES FOR BISCAYNE TAB 18 EVERGLADES GREENWAY ii. CAR # TH AMENDMENT TO AMERICAN TRAFFIC SOLUTIONS, INC. CONTRACT TAB RESOLUTIONS i. CAR #2225 PH CITY S REQUEST TO VACATE PUBLIC RIGHT-OF-WAY TAB 20 A RESOLUTION OF THE CITY OF HOMESTEAD, FLORIDA, APPROVING A REQUEST TO VACATE A PORTION OF RAILROAD AVENUE GENERALLY LOCATED EAST OF SW 1 ST AVENUE, WEST OF KROME AVENUE, AND NORTH OF SW 2 ND STREET AS LEGALLY DESCRIBED IN EXHIBIT A; RESERVING TO THE CITY ALL NECESSARY PUBLIC UTILITY EASEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. ii. CAR #2243 FIRST AMENDMENT TO HOMESTEAD STATION DEVELOPMENT AGREEMENT TAB 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMESTEAD, FLORIDA; APPROVING A FIRST AMENDMENT TO THE HOMESTEAD STATION DEVELOPMENT AGREEMENT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. iii. CAR #2244 CITY NATIONAL BANK ASSURANCES FOR HOMESTEAD STATION TAB 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMESTEAD, FLORIDA; APPROVING THE TERMS OF AND BETWEEN THE CITY AND CITY NATIONAL BANK OF FLORIDA; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. PAGE 5

7 iv. CAR #2256 FIRST AMENDMENT TO PUBLIC FACILITY GROUND LEASE TAB 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMESTEAD, FLORIDA; APPROVING A FIRST AMENDMENT TO THE PUBLIC FACILITY GROUND LEASE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. v. CAR #2254 RESOLUTION ACCEPTING NEW MARKETS ALLOCATION & BRIDGE LOAN TAB 24 FROM CAPITAL ONE A RESOLUTION OF THE CITY OF HOMESTEAD, FLORIDA, APPROVING THE EXECUTION OF A PROPOSAL LETTER WITH CAPITAL ONE BANK, N.A.; APPROVING THE EXECUTION OF A TERM SHEET WITH CAPITAL ONE BANK, N.A.; AUTHORIZING THE EXECUTION OF DOCUMENTS; PROVIDING FOR AN EFFECTIVE DATE. vi. CAR #2245 TRI-PARTY AGREEMENT TERM SHEET FOR PARKING WITH AXIOM & TAB 25 SHOWBIZ CINEMAS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMESTEAD, FLORIDA; APPROVING THE TERMS OF A TRI-PARTY AGREEMENT BETWEEN THE CITY, DR HOMESTEAD, LLC; AND SHOWBIZ CINEMAS, LLC; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. 8. DISCUSSION i. CAR #2219 STATE SICKLE CELL AWARENESS APPROPRIATION TAB PUBLIC COMMENTS 10. BUSINESS FROM THE CITY MANAGER: 11. CITY ATTORNEY S REPORT: 12. REPORTS OF MAYOR AND COUNCIL: (a) COUNCILMAN BURGESS i. CAR #2255 MIAMI-DADE COUNTY RESOLUTION APPROVING CODESIGNATION OF TAB 27 KROME AVENUE (b) (c) (d) (e) COUNCILWOMAN BAILEY COUNCILMAN MALDONADO COUNCILWOMAN FAIRCLOUGH COUNCILMAN ROTH PAGE 6

8 (f) (g) VICE MAYOR SHELLEY MAYOR PORTER i. APPOINTMENT TO EDUCATION ADVISORY COMMITTEE 1. RACHEL BUENO, NON-RESIDENT 13. ADJOURNMENT THIS MEETING IS OPEN TO THE PUBLIC. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE CITY CLERK, NO LATER THAN TWO DAYS PRIOR TO SUCH PROCEEDING. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF HOMESTEAD CITY COUNCIL, WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. AGENDA ITEMS MAY BE VIEWED AT THE OFFICE OF THE CITY CLERK, CITY OF HOMESTEAD, 100 CIVIC COURT, HOMESTEAD, FL ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM SHOULD CONTACT THE CITY CLERK AT IN ACCORDANCE WITH CODE SECTION 2-591, ANY LOBBYISTS MUST REGISTER WITH THE CITY CLERK S OFFICE BEFORE ADDRESSING THE COUNCIL ON ANY OF THE ABOVE ITEMS. TWO OR MORE MEMBERS OF THE CITY COUNCIL AND OTHER CITY BOARDS MAY BE IN ATTENDANCE AT ANY MEETING LISTED. THESE MEETINGS MAY BE CONDUCTED BY MEANS OF OR IN CONJUNCTION WITH COMMUNICATIONS MEDIA TECHNOLOGY, SPECIFICALLY A TELEPHONE CONFERENCE CALL. THE LOCATION, 100 CIVIC COURT, HOMESTEAD, FL 33030, WHICH IS OPEN TO THE PUBLIC, SHALL SERVE AS AN ACCESS POINT. PAGE 7