HomeMy WebLinkAboutO-12372J-03-410
04/30/03
123"72
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 62, ARTICLE III, OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ZONING AND PLANNING, PLANNING
ADVISORY BOARD," TO ADD A NON-VOTING MEMBER
APPOINTED BY THE MIAMI-DADE COUNTY SCHOOL
BOARD (PURSUANT TO SECTION 1013.33 AND
163.31777 OF THE FLORIDA STATUTES) TO THE
PLANNING ADVISORY BOARD ("PAB"), AND
EXEMPTING THE SCHOOL BOARD'S EX -OFFICIO, NON-
VOTING APPOINTEE FROM THE PROVISIONS OF
CHAPTER 62, ARTICLE V. ENTITLED "APPOINTMENT
OF MEMBERS AND ALTERNATE MEMBERS OF THE
PLANNING ADVISORY BOARD AND ZONING BOARD;"
MORE PARTICULARLY BY AMENDING SECTION 62-61
OF THE CITY CODE; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, during the Spring 2002 legislative session, the
State of Florida passed Growth Management Bill 1906 and the law
became effective under Chapter 2002-296, Laws of Florida; and
WHEREAS, Sections 1013.33 and 163.31777 of the Florida
Statutes mandate the execution of interlocal agreements between
school boards and local governments throughout the State of
1237`
Florida to facilitate the coordination of land use and school
facilities planning; and
WHEREAS, Miami -Dade County Public Schools, Miami -Dade
County, and the non-exempt municipalities of Miami -Dade County
entered into said required Interlocal Agreement, effective
March 1, 2003, and known as the Interlocal Agreement for Public
School Facility Planning in Miami -Dade County; and
WHEREAS, pursuant to the requirements of Sections 1013.33,
163.3174(1), and 163.31777, Florida Statutes, and Section 7.2 of
the Interlocal Agreement for Public School Facility Planning in
Miami -Dade County, the county and cities must invite a
representative appointed by the School Board to the local
planning agency as a non-voting member to attend meetings where
comprehensive plan amendments or re -zonings are considered that
would, if approved, increase residential density; and
WHEREAS, the City Commission has constituted the Planning
Advisory Board as the local planning agency of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Page 2 of 5 12372
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. Chapter 62, Article III, entitled Zoning and
Planning, "Establishment", of the Code of the City of Miami,
Florida, as amended, is amended in the following particulars'/:
"Chapter 62
ZONING AND PLANNING
Article III.
PLANNING ADVISORY BOARD
Sec. 62-61. Establishment.
There is hereby established a Board, to be known
as the City Planning Advisory Board. The Planning
Advisory Board shall consist of nine voting members,
and one alternate member,— to be appointed in the manner
hereinafter set out in Article V of this chapter, and
one ex -officio, non-votinq member appointed by the
School Board.
The School Board appointee, serving as an ex -
officio, non-voting member, shall be invited to attend
such meetings at which comprehensive plan amendments
and re-zoninqs are considered which, if granted,
'- Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
Page 3 of 5 12372
increase residential density. The School Board
appointee shall not be counted in determining whether a
quorum is present at any meeting and is exempt from all
of the provisions of Article V of this Chapter.
Section 3. All ordinances or parts of ordinances that
are inconsistent or in conflict with the provisions of this
Ordinance are repealed.
Section 4. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be
affected.
Section S. This Ordinance shall become effective
IMMEDIATELY after final reading and adoption thereof.21
a/ This Ordinance shall become effective as specified herein unless
vetoed by the Mayor within ten days from the date it was passed
and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City
Commission or upon the effective date stated herein, whichever is
later.
Page 4 of 5
x.2672
PASSED ON FIRST READING BY TITLE ONLY this 8th day of
May , 2003.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this 12th day of June 2003.
)KNUEL A. DIAZ,
ATTEST:
PRISCILLA A. THOMPSON, C TY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
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4- C
NDRO VIL
ATTORNEY
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Page 5 of 5
23 72
SECOND READING
ORDINANCE 17
INTER -OFFICE MEMORANDUM
TO: The HonorableM rand Members DATE: APR 2 4 03 FILE
of City Co issio
` SUBJECT: City Code amendments to allow
v for School Board appointee to
PAB per Interlocal Agreement —
FROM : Joe ola REFERENCES: City Commission meeting 5/8/03
C ' Administrator/City Manager
ENCLOSURES; Ordinance
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached Ordinance amending
Chapter 62, Article III of the City Code to add a non-voting member appointed by the Miami -
Dade County School Board to the City of Miami Planning Advisory Board, and exempting this
member from the provisions of Chapter 62, Article V, including requirements regarding
qualifications and residency.
BACKGROUND
Pursuant to Chapters 1013 and 163, Florida Statutes, and the executed Interlocal Agreement for
Public School Facility Planning in Miami -Dade County, the City of Miami is required to invite a
member appointed by the Miami -Dade County School Board to sit on the City of Miami
Planning Advisory Board. The attached Ordinance amends the Code of the City of Miami to
accommodate this representative. It is recommended that the City Commission adopt the attached
Ordinance to ensure compliance with State law and the terms of the executed Agreement.
J A/; /SWI
12372
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
SOOKIE WILLIAMS, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f/Wa Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
AD NO. 11049
CITY OF MIAMI - PROPOSED ORDINANCES - JUNE 12, 2003
ORD. AMENDING CHAPTER 62, ARTICLE III, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
06/02/2003
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attach copy of advertisement; and affiant further says that he or
srydlysunt,
either paid nor promised any person, firm or corporation
a rebate, commission or refund for the purpose
Dcg this adjertisement for publication in the said
S n subscribed b me
day f UNE A.D. 2003
(SEAL) o PG MARIA I. MESA
SOOKIE WILLI a Iy4kI# CC $85W
State of Aofida BMW % 4, 2004
-- Uaderwri m
0 MO's"70
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f�IT1f 1D� M�l�;r
.
Nobica is hereby given that #W Ciy Corrrr jon 0 II* City of Miami, Florida,
will consider the fo w*ft orrlina►waa on and.tinal reading on
June 12, 2003 comrnera ltio at 9.-W` Ake, ,irii;Nre City Commission
Chambers, 3500 Pan American Drive, Mfatti;
ORDINANCE NO.
N ORDINANCE OF THE MIAMI CITY COMMISSION AMEND
ANG CHAPTER 62, ARTICLE.III, OF TME COPE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED 'ZONING
AND PLANNING, PLANNING ADVISORY BOARD; TO ADD A
NON-VOTING MEMBER APPOINTED BY THE MIAMI-DADE
COUNTY SCHOOL BOARD .(PURSUANT TO SECTION
1013.33 AND 163.31777 OF THE FLORIDA STATUTES) TO
THE PLANNING ADVISORY BOARD ('PAB-), AND EXEMPT-
ING THE SCHOOL BOARD'S EX -OFFICIO, NON-VOTINGAP-
POINTEE FROM THE PROVISIONS -OF CHAPTER 62,• ARTI-
CLE V, ENTITLED -APPOINTMENT OF MEMBERS AND AL
TERNATE MEMBERS OF THE PLANNING ADVISORY
BOARD AND ZONING BOARD;- MORE -PARTICULARLY BY
AMENDING SECTION 62-61 OF THE CITY CODE; CONTAIN-
ING A REPEALER PROVISION; A SEVERABILITY CLAUSE,
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE)
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB-
LISHING A NEW SPECIAL REVENUE FUND ENTITLED:
'MIAMI-DADE COUNTY EMS GRANT AWARD (FY 2002-
2003),- AND. APPROPRIATING FUNDS FOR. THE OPERA-
TION OF SAME IN THE TOTAL AMOUNT OF.$?29 M, CON-
SISTING OF A GRANT APPORTIONED BY MIAMI-DADE
COUNTY FROM THE STATE OF FLORIDA DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES 'GRANT PRO,
GRAM FOR COUNTIES,' AND $120,000 IN CARRY-OVER
FUND BALANCE FROM PREVIOUS EMS. GRANT AWARDS;
AUTHORIZING THE CITY MANAGER TO ACCEPT, SAID
GRANT AWARD AND TO EXECUTE THE NECESSARY DOG
UMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTOR-
NEY, FOR SAID PURPOSE; CONTAINING AREPEALER PRO-
VISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCEMO.
AN ORDINANCE OF THE MIAMI CITY COIYMAISt3tI ASTAB-
LISHING A NEW SPECIAL REVENUE FUND ENTITLED 'THE
NEIG44BORHOOD INITIATIVE GRANT FOR MODEL CITY
COMMUNITY REVITALIZATION DISTRICT TRUST :FOR
CERTAIN. SPECIAL PROJECTS AND APPROPRIATING
FUNDS, W THE AMOUNT OF $1.26 MUMN, FROM THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT IN SUPPORT OF THE MODEL CITY HOME-
OWN NIP PLAT. PROJECT; AUTHMONG THE CITY
MA1 TO ACCEPT THE GRANT AND TO E�CUTE ANY
DOCUMENTS NECESSARY, IN A FORM ACCEPTAKE TO
THE CITY ATTORNEY, FOR ACCEPTANCE OF THE GRANT;
ANDWWAI NINGAREPEALKIRPROVi ASEV0W
ITY CLAt1SE ANQ PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO:
AN ORDINANCE OF THE MIAMI CITY BION RELAT-
ING TO MUNICIPAL ELECTIONSS.CWXGWG. THE TUES-
DAY, NOVEMBER 11, tow, CITY OF MLAA%MUNICIPAL RUN-
OFF ELECTION TO TUESDAY, NOVEMBER 18, 2003, TO
PROVIDE THE MIAMI-DADE COUNTY SUPERVISOR OF
ELECTIONS SUFFICIENT TIME. TO .ACCURATELY PRO-
GRAM VOTING ,MACHINES, PRINT AND TEST -RUN THE
BALLOT, AND PROVNDE FI; EN f TIM FOR PROCESS-
ING.ABSENTEE BALLOT; DCTING THE. CITY CLERK
TO TRANSMIT CERTIFIED COPIES OF THIS ORDINANCE TO
hNAMI-DADE COUNTY MANAGER STEVE SHIVEA AND THE
MIAMHMDE COUNTY - ELECTIONS SUPERVISOR; . CON-
TAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN #AWDWTreEFFECTIVE
DATE.
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING CHAPTER 4, ARTICLE,I,.OF THE, OF THE CITY OF
MIAMI FLORIDA, AS AMENDED, D `ALCOHOLIC
BEVERAGES,' BY REPEALING,_ IN p ENTIRETY, SEC-
TIONS 4-2 AND " AND SUBSTITUTM M( LIEU, THEREOF
NEW SECTIONS 4.2 AND 4-3, ENTITLED 'DEFINITIONS,•
AND 'HOURS DURING WHICH SALES ALLOWED; SUNDAY
SALES,' RESPECTIVELY, TO MODIFY AND CLARIFY RELE-
VANT DEFINITIONS; AND ESTABLISH.THE' HOURS IN
WHICH ALCOHOLIC BEVERAGES MAY BE SOLD; FURTHER
ADDING NEW- SECTION 4.14 ENTITLED "REQUIREMENTS
FOR RESTAURANTS,' TO REGULATE THE CONSUMPTION
OF ALCO BEVERAGES ON THE PREMISES OF FOOD
AND B RETAIL ESTABLISHMENTS; CONTAINING
A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
- ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND•
ING CHAPTER 54/ARTICLES IX OF THE CITY CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
'STREETS AND SIDEWALKSICOCONUT GROVE SPECIAL
EVENTS DISTRICT', TOO INCREASE THE NUMBER OF MEM-
BERS ON THE COCONUT GROVE SPECIAL EVENTS AND
MARKETING COMMITTEE FROM NINE TO TEN MEMBERS
TO INCLUDE A REPRESENTATIVE OF THE COCONUT
GROVE .CHAFER OF COMMERCE AS A MEMBER OF THE
COMMITTEE AND PROVIDE FOR INSTANCES OF A TIE
VOTE; MORE.PARTK:ULARLY-BY AMENDING SECTION 54-.
342, CQWM" A"REPEALER PFKY*V ION: PROVIDIM
FOR SEVOUaLITY AND AN EFFECTIVE DATE.
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION CREAT-
ING A NEW _ SPECIAL REVENUE FUND ENTITLED:
'PROGRAMS FOR THE DEVELOPMENTALLY DISABLED,
2003 - 20D4; APPROPRIATING FUNDS FOR ITS OPERATION
IN THE ESTIMATED TOTAL AMOUNT OF $344,114; FUR-
THER AUTHORIZING THE CITY MANAGER TO ENTER INTO
TWO AGREEMENTS, ONE IN AN ESTIMATED AMOUNT OF
$9,370 FROM THE STATE OF FLORIDA DEPARTMENT OF
CHILDREN AND FAMILIES AND ANOTHER IN THE ESTIMAT-
ED AMOUNT -OF $334,744, FROM THE STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION, MEDICAID
PROGRAM DEVELOPMENT; SAID AGREEMENTS TO FUND
PROGRAMS FOR THE DEVELOPMENTALLY DISABLED
WHICH ARE ADMINISTERED BY THE PARKS AND RECREA-
TION DEPARTMENT THROUGH ITS PROGRAMS FOR PER-
SONS WITH DISABILITIES. DURING THE PERIOD OF JULY 1,
2003 THROUGH JUNE 30, 2004; FURTHER AUTHORIZING
THE,CITY MANAGER TO EXECUTE THE NECESSARY DOC-
UMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTOR-
NEY, FOR ACCEPTANCE OF SAID 'AGREEMENTS.
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING CHAPTER 2, ARTICLE XI, DIVISION 2 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
'ADMINISTRATION, BOARDS, COMMITTEES, COMMIS-
SIONS, STANDARDS FOR 'CREATION AND REVIEW OF
BOARDS GENERALLY', TO ALLOW THE CITY COMMISSION
TO WAIVE, BY UNANIMOUS VOTE, THE EIGHT YEAR CON-
SECUTIVE TERM LIMIT FOR INDIVIDUALS APPOINTED TO.
CITY BOARDS. COUMITTEES, AND COMMISSIONS; MORE' _
PARTICULARLY BY ADDING NEW SUSSECTON 2-885(c j TO"'
SAID CODE;-CONTALNING.A REPEALER PROVISION, SEV-
ERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
. ORDINANCE NU.
AN ORDINANCE OFi� MIAMI CITY CQMON AMEND-
ING CHAPTER 11.5 OF THE CODE OF THE, 1,10"
,10 'Y OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED 'CM4 COMPLAINT
INVESTIGATION AND REVIEW TO EXEMPTQERTAiN MEM -
BEERS OF THE CIVILIAN NVESTK*TIVEPAWL FROM THE
REQUIREMENT TO COMPLETE CffTL'M POLICE ACADE
MY TRAINING OR APPROVED TRAINING THROUGH NA -
COLE RATIONAL ASSOCIATION OFCITIZEN& OVERSIGHT
OF LAW ELEMENT) OR EQUIVALENT PROGRAMS;
MORE •PARTICULARLY BY AMENDING SECTION 11.5-
28(cX41)(c.) OF THE CODE; CONTAINJW A REPEALER PRO-
VISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
ORDINANCE NO.
AN Oft&NANCE OF THE MIAMI CITY COMMISSION AMEND-
ING ORDINANCE NO. 12199; AND APPROPRIATING ADDI-
TIONAL FUNDS TO THE SPECIAL REVENUE FUND.ENTI-
TLED 'DUpONT PIAZA.PROJECT - METROMOVEXREA-
LK3NMENT IN DOWNTOWN MIAMI, IN THE -AMOUNT OF $
1.904000, CONSISTING OF A TRANSPORTATION OUT-
REACH PROGRAM GRANT FROM—THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE
OF PREPARING FINN. DESIGN TO ADDRESS TRANSIT RE-
ALIGNMENT AND TRAFFIC REDIRECTION WITHIN- THE,
PROJECT STUDY AREA; AUTHORIZING THE CITY MANAG-
ER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE
THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE,
ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A
REPEALER PROVISION ANDA SEVERABILITY CLAUSE:
Said proposed ordinances may be inspected -by the public at the
Office of the City Clark, 35W Pan American Drive, Miami, Flori-
da, Monday. through Friday, excluding holidays, between the
hours of 8 a.m. and 5 p.m.
AN irdemsted persons may appear at the meeting and may be heard with
respect to the proposed ordinarwes. Should any person deeue to appeal
any decision of the City. Commission with respect to any matter Labe con -
eyed at this
low person shall ensure that a verbatim record of
e
meeting,
the m Includingall teatimontrandeWdence upon which
the
arty appeal may be based.
PRISCILLA A. THOMPSON
CITY CLERK
(#11049)
6/203-4.5&-"77171 M