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HomeMy WebLinkAboutCC 2001-01-25 Marked AgendaMAYOR JOE CAROLLO VICE CHAIRMAN WIFREDO (WILLY) GORT COMMISSIONER TOMAS REGALADO COMMISSIONER JOE SANCHEZ COMMISSIONER ARTHUR E. TEELE JR. COMMISSIONER JOHNNY L. WINTON CITY MANAGER CARLOS A. GIMENEZ CITY ATTORNEY ALEJANDRO VILARELLO CITY CLERK WALTER J. FOEMAN VIEW THIS AGENDA AT: http://www.ci.miami.fl.us CITY COMMISSION AGENDA MEETING DATE: JANUARY 25 2001 CITY HALL 3500 PAN AMERICAN DRIVE 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. PLANNING & ZONING CITY COMMISSION MEETING * THIS MEETING SHALL CONVENE AT 9:30 AM * 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; furthgr, that Commission meetings will adjourn at the conclusion of deliberations on the agenda item being considered at 9:00 PM. (Resolution No. 87-115) PAGE 2 JANUARY 25, 2001 PART A: 9:20 AM PRESENTATIONS AND PROCLAMATIONS 9:30 AM MAYORAL VETOES NON -PLANNING & ZONING ITEMS — CONSENT AGENDA Item 1 which is comprised of items CA -1 through CA -8 has been scheduled to be heard in the ordered sequence or as announced by the Commission. MAYOR AND COMMISSIONERS' ITEMS NON -PLANNING & ZONING ITEMS CONT'D Items 2 through 9 may be heard in the numbered sequence or as announced by the Commission. PART B: BEGINNING AT 3:00 PM: PLANNING AND ZONING ITEMS PZ- 1 through PZ -15 FOR ADOPTED LLFAWATICM NOT APPEARING AS PART OF THIS PRINTED AG'E"A, KINDLY REFER TO THE CITY CLERK'S REPORT, ATTACHED HERETO 9:20 AM PAGE JANUARY 25, 2001 A. PRESENTATIONS & PROCLAMATIONS PROCLAMATION: THE WOMEN'S FUND OF MIAMI-DADE COUNTY DAY ON MARCH 19, 2001, TO RECOGNIZE THIS GROUP'S WORK WITH AT -RISK TEENAGE GIRLS IN WYNWOOD AND LIBERTY CITY. THEIR SOFT- BALLTEAM AND ACTIVITIES PROVIDE WAYS FOR YOUNG GIRLS TO STAY AWAY FROM DRUGS AND CRIME. COMMENDATIONS TO POLICE PERSONNEL IN EDGEWATERIWYNWOOD NET WHO ENHANCED QUALITY OF LIFE IN AREA BY PARTICIPATING IN COMMUNITY PROJECTS: LT. MARIO A. GARCIA SGT. ALEX OLIVERA SGT. JOSE GRANADO OFFICER LAZARO ALFONSO OFFICER AQUILLES CARMONA OFFICER JOSEPH FLERES OFFICER ALBERT GUERRA OFFICER WILLIAM A. LOPEZ OFFICER GREGORY WILLIAMS PUBLIC SERVICE AIDE, FRANK THEYE COMMUNITY SERVICE PROVIDER, YOLANDA CAMACHO COMMUNITY SERVICE PROVIDER, SANDRA MARTINEZ PAGE 4 JANUARY 25, 2001 9:30 AM B. PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, ITEM(S) VETOED BY THE MAYOR NONE SHALL BE PLACED BY THE CITY CLERK AS THE FIRST SUBSTANTIVE ITEM(S) FOR COMMISSION CONSIDERATION. 1. CONSENT AGENDA Unless a member of the City Commission wishes to remove a specific item from this portion of the agenda, Items CA -1 through CA -8 constitute the Consent Agenda. These resolutions are self-explanatory and are not expected to require additional review or discussion. Each item will be recorded as individually numbered resolutions, adopted unanimously by the following motion: .. that the Consent Agenda comprised of items CA -1 through CA -8 be adopted... ' The Presiding Officer or City Clerk shall state the following: "Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda? Hearing none, the vote on the adoption of the Consent Agenda will now be taken." CA -1. RESOLUTION - (J-01-48) - (AUTHORIZING AN INCREASE IN CONTRACT) AUTHORIZING AN INCREASE IN THE CONTRACT WITH INTER -AMERICAN CAR RENTAL, INC., FOR THE PROVISION OF AUTOMOBILE RENTAL SERVICE FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT, IN AN ANNUAL AMOUNT NOT TO EXCEED $100,000, FROM $125,000 TO $225,000 ANNUALLY; ALLOCATING FUNDS FROM ACCOUNT CODE NOS. 184105.456266.6.610,184105.456267.6.610,184105.45626 8.6.610, AND 799302.452625.6.610 FOR SAID INCREASE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. CONSENT AGENDA CONT'D R-01-055 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS CA -2 CA -3 RESOLUTION - (J-01-49) - (AUTHORIZING AN INCREASE IN THE CONTRACTS) AUTHORIZING AN INCREASE IN THE CONTRACTS WITH VARIOUS VENDORS FOR THE CITYWIDE PROCUREMENT OF COURIER SERVICES FOR THE DEPARTMENT OF PURCHASING, IN AN ANNUAL AMOUNT NOT TO EXCEED $11,000, FROM $22,000 TO $33,000 ANNUALLY; ALLOCATING FUNDS FROM THE BUDGETS OF THE VARIOUS USER DEPARTMENTS, SUBJECT TO BUDGETARY APPROVAL FOR SAID INCREASE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. RESOLUTION - (J-01-46) - (AUTHORIZING ACQUISITION OF MAINTENANCE SERVICES) AUTHORIZING THE ACQUISITION OF MAINTENANCE SERVICES FOR THE XEROX DOCUTECH 135 DIGITAL COPIER FROM XEROX CORPORATION, (NOW MINORITY/MIAMI-DADE COUNTY VENDOR, 15150 NW 79TH COURT, MIAMI LAKES, FLORIDA) FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, UNDER EXISTING UNIVERSITY OF FLORIDA CONTRACT NO. 99K-6YC, EFFECTIVE UNTIL DECEMBER 31, 2001, AND ANY EXTENSIONS THERETO, IN AN ANNUAL AMOUNT NOT TO EXCEED $72,000; ALLOCATING FUNDS FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, GRAPHIC REPRODUCTIONS DIVISION BUDGET, ACCOUNT CODE NO. 505000.420501.6.610. PAGE 5 JANUARY 25, 2001 R-01-056 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS R-01-057 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS CA -4. CONSENT AGENDA CONT'D RESOLUTION - (J-01-08) - (ACCEPTING A WARRANTY DEED) ACCEPTING A WARRANTY DEED, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS "EXHIBIT A" (THE "DEED"), FROM SWIRE PACIFIC HOLDINGS, INC., A DELAWARE CORPORATION, SWIRE BRICKELL THREE, A FLORIDA CORPORATION, SWIRE BRICKELL ONE, INC., A FLORIDA CORPORATION, AND SWIRE BRICKELL KEY HOTEL, LTD., A FLORIDA LIMITED PARTNERSHIP, (COLLECTIVELY THE "DEVELOPER"), FOR THE CONVEYANCE OF APPROXIMATELY 20,325 SQUARE FEET OF REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN THE DEED (THE "PROPERTY"), TO BE USED FOR PUBLIC PARK PURPOSES, SAID CONVEYANCE TO BE SUBJECT TO A DECLARATION OF COVENANTS, RESTRICTIONS AND RESERVATIONS, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS "EXHIBIT B", WHEREBY THE DEVELOPER (1) RESERVES THE RIGHT TO IMPROVE THE PROPERTY AS PART OF THE OVERALL DEVELOPMENT; (2) RESERVES THE RIGHT TO USE THE PROPERTY IN CONNECTION WITH THE DEVELOPMENT OF THE MARINA; (3) RESERVES THE RIGHT TO USE THE PROPERTY FOR UTILITY AND OTHER PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS; AND (4) RESTRICTS THE USE OF THE PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINDER TO THE DECLARATION OF COVENANTS, RESTRICTIONS AND RESERVATIONS, AND SUCH OTHER DOCUMENTS AND AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THAT MAY BE NECESSARY TO CONSUMMATE THE ABOVE TRANSACTION. PAGE 6 JANUARY 25, 2001 DEFERRED TO NEXT MEETING CONSENT AGENDA CONT'D CA -5. RESOLUTION - (J-01-15) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH 21s' CENTURY SOLUTIONS FOR THE DEPARTMENT OF POLICE FOR THE COLLECTION OF BASELINE DATA AND THE ESTABLISHMENT OF AN EVALUATION SYSTEM IN COMPLIANCE WITH THE GUIDELINES ESTABLISHED BY THE COMMUNITY ORIENTED POLICING SERVICES GRANT PROGRAM FOR THE DEPARTMENT OF POLICE FOR A PERIOD OF ONE (1) YEAR, IN AN AMOUNT NOT TO EXCEED $29,530; ALLOCATING FUNDS FROM THE SCHOOL-BASED PARTNERSHIPS GRANT II, ACCOUNT CODE NO. 142026.290518.6.270. CA -6. RESOLUTION - (J-01-19) - (ACCEPTING PROPOSAL) ACCEPTING THE PROPOSAL OF FLORIDA POWER & LIGHT COMPANY FOR THE DESIGN, INSTALLATION, AND MAINTENANCE OF AN UNDERGROUND STREET LIGHTING SYSTEM AND ELECTRICAL SERVICES IN THE CIVIC CENTER AREA IN MIAMI, FLORIDA, AS DESCRIBED IN "EXHIBIT A" ATTACHED, IN AN AMOUNT NOT TO EXCEED $248,000, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID SERVICES; ALLOCATING FUNDS FROM PROJECT NO. 311016, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES. PAGE 7 JANUARY 25, 2001 R-01-058 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS R-01-059 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS CONSENT AGENDA CONT'D CA -7. RESOLUTION - (J-01-43) - (ENDORSING THE SUBMISSION OF A GRANT APPLICATION BY THE MIAMI-DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT) ENDORSING THE SUBMISSION OF A GRANT APPLICATION BY THE MIAMI-DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT ("DERM") TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") FOR THE ENVIRONMENTAL RESTORATION OF SPOIL ISLAND NO. 3, LOCATED ON BISCAYNE BAY EAST OF MORNINGSIDE PARK, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO IDENTIFY AND ALLOCATE FUNDS FROM THE DEPARTMENT OF PARKS AND RECREATION OPERATIONAL BUDGET, IN AN ANNUAL AMOUNT NOT TO EXCEED $1,000, TO ASSIST DERM WITH THE TRASH PICK-UP COSTS ASSOCIATED WITH THE MAINTENANCE FOR THE RESTORATION PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DERM, IN A FORM ACCEPTABLE TO THE CITY MANAGER, FOR SAID PURPOSE. PAGE 8 JANUARY 25, 2001 R-01-060 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS SEE RELATED M-01-062 MOVED: GORT SECONDED: WINTON UNANIMOUS CONSENT AGENDA CONT'D CA -8. RESOLUTION - (J-01-42) - (GRANTING A TEMPORARY CONSTRUCTION EASEMENT TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT) GRANTING A TEMPORARY CONSTRUCTION EASEMENT TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FROM FEBRUARY 15, 2001 TO APRIL 14, 2002, ON APPROXIMATELY .017 ACRES OF CITY -OWNED PROPERTY AT THE MELREESE GOLF COURSE, LOCATED AT 1400 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", ATTACHED HERETO AND MADE A PART HEREOF, FOR USE AS A STAGING AREA FOR THE CONSTRUCTION OF A PUMPING STATION, SUBJECT TO BUNKERS OF MIAMI, A FLORIDA JOINT VENTURE, EXECUTING A JOINDER TO THIS TEMPORARY CONSTRUCTION EASEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, REQUIRED FOR THE GRANT OF THE TEMPORARY CONSTRUCTION EASEMENT. END OF CONSENT AGENDA PAGE 9 JANUARY 25, 2001 R-01-061 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS PAGE 10 JANUARY 25, 2001 MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR JOE CAROLLO A. DISCUSSION CONCERNING SCHOOL BOARD ANDI WITHDRAWN ADULT VOCATIONAL TRAINING. PAGE 11 JANUARY 25, 2001 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 1 VICE CHAIRMAN WIFREDO (WILLY) GORT A. DISCUSSION CONCERNING PLACEMENT OF THE BUST OF THE HONORABLE MAXIMO GOMEZ AT THE LITTLE HAVANA M-01-063 DOMINO PARK. MOVED: GORT SECONDED: SANCHEZ UNANIMOUS A. MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 2 COMMISSIONER JOHNNY L. WINTON RESOLUTION - (J-01-32) - (STRONGLY URGING THE UNITED STATES DEPARTMENT OF JUSTICE/IMMIGRATION AND NATURALIZATION SERVICES) STRONGLY URGING THE UNITED STATES DEPARTMENT OF JUSTICE/IMMIGRATION AND NATURALIZATION SERVICES ("INS") TO COOPERATE WITH THE CITY OF MIAMI PASSPORT ACCEPTANCE FACILITY IN THE DISTRIBUTION OF FLYERS ON DAYS NATURALIZATION CEREMONIES OCCUR; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIAL(S) DESIGNATED HEREIN. PAGE 12 JANUARY 25, 2001 R-01-064 MOVED: WINTON SECONDED: REGALADO UNANIMOUS B. RESOLUTION - (J-01- ) - (AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT) R-01-065 AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITH THE MUNICIPAL CODE CORPORATION FOR ADVISORY SERVICES TO THE CHARTER REVIEW COMMITTEE IN AN AMOUNT NOT TO EXCEED $25,000 FROM UNDESIGNATED FUNDS IN THE NON -DEPARTMENTAL ACCOUNT. MOVED: WINTON SECONDED: TEELE UNANIMOUS A. MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 3 COMMISSIONER JOE M. SANCHEZ DISCUSSION CONCERNING THE ISSUE OF WORKER'S COMPENSATION PAGE 13 JANUARY 25, 2001 R-01-066 MOVED: SANCHEZ SECONDED: TEELE UNANIMOUS PAGE 14 JANUARY 25, 2001 MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 4 COMMISSIONER TOMAS REGALADO A. DISCUSSION CONCERNING A STATUS REPORT ON DRAINAGE PROJECTS AT THE FOLLOWING AREAS: 3965 DISCUSSED SW 6TH STREET, 3945 NW 4TH STREET, AND THE MEDIAN LOCATED ON SW 10TH STREET ROAD BETWEEN SW 9TH STREET AND SW 10TH STREET. MAYOR AND COMMISSIONERS' ITEMS CONT'D DISTRICT 5 COMMISSIONER ARTHUR E. TEELE, JR. A. DISCUSSION CONCERNING DIRECTION TO THE ADMINISTRATION TO CONDUCT A SURVEY OF PROPERTIES WITH HISTORIC VALUE IN THE AREA NORTH OF N.W. 8TH STREET, EAST OF THE 1-95 EXPRESSWAY, SOUTH OF N.W. 14TH STREET, AND WEST OF N.W. 1sT AVENUE. SAID SURVEY TO BE DONE IN CONJUNCTION WITH THE COMMUNITY REDEVELOPMENT AGENCY. SURVEY TO INCLUDE BOTH CITY AND COMMUNITY REDEVELOPMENT AGENCY PROPERTY (CRA). B. DISCUSSION CONCERNING DIRECTION TO THE ADMINISTRATION TO MAKE PREVIOUSLY ALLOCATED FUNDS AVAILABLE FOR THE LITTLE HAITI BUSINESS DEVELOPMENT PROGRAM; TO BE USED FOR JOB CREATION, INFRASTRUCTURE IMPROVEMENTS, CODE ENFORCEMENT GRANTS, AND OTHER ECONOMIC DEVELOPMENT PROGRAMS AND TO ESTABLISH AN ADVISORY COMMITTEE CONSISTING OF NEIGHBORHOOD REPRESENTATIVES TOGETHER WITH NET REPRESENTATIVES WITH APPROPRIATE CITY STAFF SUPPORT. PAGE 15 JANUARY 25, 2001 M-01-067 MOVED: TEELE SECONDED: WINTON UNANIMOUS M-01-068 MOVED: TEELE SECONDED: WINTON UNANIMOUS ORDINANCE — EMERGENCY 2. DISCUSSION CONCERNING ESTABLISHMENT OF A SECURITY CLASSIFICATION FOR THE MAYOR AND A SERGEANT -AT -ARMS CLASSIFICATION FOR THE CITY COMMISSION. FIRST READING 2A. EMER 'ENGY ORDINANCE - (J-01-) (4/6THS VOTE) (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 the 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.) AMENDING ORDINANCE NO. 11970, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 2001 FOR THE PURPOSE OF ADJUSTING SAID APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS OF CERTAIN CITY DEPARTMENTS AS MORE PARTICULARLY SET FORTH HEREIN; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. PAGE 16 JANUARY 25, 2001 M-01-069 MOVED: TEELE SECONDED: REGALADO UNANIMOUS FIRST READING ORD. (AS MODIFIED) MOVED: TEELE SECONDED: REGALADO NAYS: SANCHEZ R-01-094 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS R-01-095 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS ORDINANCE - FIRST READING NOTE: Any proposed ordinance listed as an item for first reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. 3. FIRST READING ORDINANCE - (J-01-26) AMENDING CHAPTER 18/ARTICLE IX/DIVISION 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/FINANCIAL POLICIES/ANTI-DEFICIENCY ACT" TO REQUIRE APPLICATION OF THE ANTI -DEFICIENCY ACT REGULATIONS TO ALL ENTITIES FUNDED IN WHOLE OR IN PART BY THE CITY OF MIAMI, INCLUDING, BUT NOT LIMITED TO, AGENCIES, AUTHORITIES, TRUSTS, BOARDS OR COMMISSIONS, EXCEPT FOR THE THREE CITY OF MIAMI RETIREMENT TRUSTS; MORE PARTICULARLY BY AMENDING SECTION 18-500 THROUGH 18-502 OF SAID CODE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THOSE INDIVIDUALS DESIGNATED HEREIN; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 17 JANUARY 25, 2001 FIRST READING ORD. (AS MODIFIED) MOVED: SANCHEZ SECONDED: TEELE ABSENT: REGALADO 4. 5. RESOLUTIONS DEPARTMENT OF PUBLIC WORKS RESOLUTION - (J-01-22) - (ACCEPT PLAT) ACCEPTING THE PLAT ENTITLED OLYMPIA PARK REPLAT, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. DEPARTMENT OF LAW RESOLUTION - (J-01-41) - (AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF AKERMAN, SENTERFITT & EIDSON, P.A.) AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF AKERMAN, SENTERFITT & EIDSON, P.A. FOR REPRESENTATION OF THE CITY OF MIAMI, IN THE AMOUNT OF $20,000, IN THE MATTER OF DONALD H. WARSHAW V. THE CITY OF MIAMI, A MUNICIPAL CORPORATION, IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 00-11244 CA 04; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $20,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. PAGE 18 JANUARY 25, 2001 R-01-070 MOVED: TEELE SECONDED: SANCHEZ ABSENT: REGALADO R-01-071 MOVED: TEELE SECONDED: WINTON ABSENT: REGALADO RESOLUTIONS CONT'D 6. RESOLUTION - (J-01-2) - (AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF TEW, CARDENAS, REBAK, KELLOGG, LEHMAN, DEMARIA AND TAGUE, L.L.P) AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF TEW, CARDENAS, REBAK, KELLOGG, LEHMAN, DEMARIA AND TAGUE, L.L.P., FOR LEGAL SERVICES PROVIDED TO THE CITY OF MIAMI IN THE MATTER OF CITY OF MIAMI BOND OFFERINGS, A-1581, AN INVESTIGATION PURSUANT TO A FORMAL ORDER ISSUED BY THE SECURITY AND EXCHANGE COMMISSION; ALLOCATING ADDITIONAL FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $40,000, FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. (This item was deferred from the meeting of January 11, 2001) 6A. RESOLUTION - (J-01-20) - (RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EXECUTION OF AN AGREEMENT) (4/5THS VOTE) RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EXECUTION OF AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH EVARE, L.L.C., (NON-MINORITY/NON-LOCAL VENDOR VENDOR, 41 SECOND AVENUE, BURLINGTON, MASSACHUSETTS), FOR THE LEASING OF AN INVESTMENT MANAGEMENT AND FINANCIAL TRANSACTION SOFTWARE SYSTEM FOR THE DEPARTMENT OF FINANCE, FOR A PERIOD OF THREE (3) YEARS, AT A TOTAL COST NOT TO EXCEED $11,300; ALLOCATING FUNDS FROM GENERAL FUND PROJECT NO. 001000.260301.340 FOR SAID SYSTEM. PAGE 19 JANUARY 25, 2001 R-01-072 MOVED: TEELE SECONDED: WINTON ABSENT: REGALADO R-01-073 MOVED: TEELE SECONDED: WINTON ABSENT: REGALADO PAGE 20 JANUARY 25, 2001 BOARDS AND COMMITTEES 7. RESOLUTION - (J-01-) - (CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL) R-01-074 MOVED: TEELE CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST TO SERVE A TERM OF OFFICE AS HEREIN SPECIFIED. APPOINTEE: NOMINATED BY: OSCAR VALIDO AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) SECONDED: WINTON ABSENT: REGALADO 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. 8. DISCUSSION CONCERNING THE FINDINGS AND RECOMMENDATIONS TO CITY COMMISSION FROM THE OUTDOOR ADVERTISING REVIEW BOARD. 9. DISCUSSION CONCERNING GRANTING PARKING ACCESS TO MIAMI-DADE COUNTY FOR ERICSSON TENNIS TOURNAMENT PAGE 21 JANUARY 25, 2001 WITHDRAWN M-01-075 MOVED: TEELE SECONDED: WINTON ABSENT: REGALADO PART B THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFOR ITEM PZ 1 RESOLUTION - (J-01-77) REQUEST: Consideration of Approving the Development Standards and Review the Proposed Site Plan for the Santa Clara Metrorail Station Joint Development Project LOCATION: Approximately Northwest Corner of NW 20th Street and NW 12th Avenue APPLICANT(S): Miami -Dade Transit Agency and the Carlisle Group APPLICANT(S) AGENT: Jorge A. Gonzalez APPELLANT(S): N/A APPELLANT(S): AGENT: N/A RECOMMENDATIONS: Planning and Zoning Department: Approval with conditions* Building Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: Recommended approval to City Commission. Vote of 6-0. Zoning Board: N/A Consideration of approving the Development Standards and review the proposed site plan for the Santa Clara Metrorail Station Joint Development Project for consistency with said standards in order to allow a residential tower which includes a total of 208 residential units and 294 parking spaces. This will allow a residential development of 208 units adjacent to the Santa Clara Metrorail Station. PAGE 22 JANUARY 25, 2001 3:00 P.M. M-01-079 MOVED: WINTON SECONDED: SANCHEZ UNANIMOUS R-01-083 (AS MODIFIED) MOVED: WINTON SECONDED: TEELE UNANIMOUS ITEM PZ 2 RESOLUTION - (J-01-45) REQUEST: Modification to the Waterfront Charter LOCATION: Bounded on the East by the Metro Mover Guideway, on the West by South Miami Avenue, on the North by SE 4th Street and on the South by the Miami River APPLICANT(S): Miami River Associates, Inc. APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire APPELLANT(S): N/A APPELLANT(S): AGENT: N/A RECOMMENDATIONS: Planning and Zoning Department: Building Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: N/A Zoning Board: N/A Consideration of approving a modification to the Waterfront Charter requirements as set forth in Section 3(mm)(ii)(A) of the City of Miami Charter, which establishes a 50 -foot setback requirement for all projects along the Miami River, east of NW 5th Street, to permit a 40 -foot setback for the property bounded on the east by the Metro Mover Guideway, on the west by South Miami Avenue, on the north by SE 4th Street and on the south by the Miami River. This will allow a 40 -foot setback along the Miami River instead of the 50 -feet required for the above location. PAGE 23 JANUARY 25, 2001 R-01-080 MOVED: WINTON SECONDED: REGALADO ABSENT: GORT ITEM PZ 3 RESOLUTION - (J-01-66) REQUEST: Modification of a Previously Approved Major Use Special Permit for the One Miami Project LOCATION: Approximately 205 Biscayne Boulevard APPLICANT(S): APPLICANT(S) AGENT: APPELLANT(S): APPELLANT(S): AGENT: The Related Group of Florida Lucia A. Dougherty, Esquire N/A N/A RECOMMENDATIONS: Planning and Zoning Department: Approval with conditions* Building Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: Recommended approval with conditions* to City Commission. Vote of 6-1. Zoning Board: Approval of the Special Exceptions with conditions*. Vote of 7-0. *See supporting documentation Consideration of approving a substantial modification to a previously approved Major Use Special Permit for the One Miami Project, located at approximately 205 Biscayne Boulevard, in order to allow the development of Phase I of the project, consisting of a 29 story office tower, a 38 story, 425 residential unit tower with related amenities and a 10 story parking garage which will include 1,485 parking spaces. This will allow a substantial modification to a previously approved Major Use Special Permit; including non -substantial modifications from the original application package. NOTES: MOTION TO RECONSIDER PRIOR VOTE TAKEN ON RESOLUTION NO. 00-1137, WHICH HAD PASSED ON DECEMBER 14, 2000, RELATED TO MODIFICATION TO A MAJOR USE SPECIAL PERMIT FOR THE ONE MIAMI PROJECT, CONTINUED FROM CC 1/11/01. MOVED BY: WINTON, SECONDED BY: TEELE, ABSENT: SANCHEZ. PAGE 24 JANUARY 25, 2001 R-01-081 MOVED: WINTON SECONDED: SANCHEZ UNANIMOUS ITEM PZ 4 LOCATION: RESOLUTION — [J -01-78(a) & J -01-78(b)] REQUEST: Appeal of a Zoning Board Decision APPLICANT(S): APPLICANT(S) AGENT: Approximately 632-634 SW 8th Street VRU Holdings Joseph S. Geller, Esquire APPELLANT(S): Jose A. Rajoy APPELLANT(S): AGENT: N/A RECOMMENDATIONS: Planning and Zoning Department: Approval with conditions* Building Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: N/A Zoning Board: Approval with conditions. Vote of 9-0. *See supporting documentation Appeal of a Zoning Board decision, which approved a Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, to allow a used auto sales for the properties located at approximately 632-634 SW 8" Street. This will allow a used automobile sales dealership. PAGE 25 JANUARY 25, 2001 APPEAL DENIED BY R-01-082 MOVED: SANCHEZ SECONDED: REGALADO ABSTAINED: WINTON ITEM PZ 5 RESOLUTION — [J -01-79(a) & J -01-79(b)] REQUEST: Appeal of a Zoning Board Decision LOCATION: Approximately 7500 Biscayne Boulevard APPLICANT(S): Imad and Abudl Hammoud APPLICANT(S) AGENT: APPELLANT(S): APPELLANT(S): AGENT: Lucia A. Dougherty, Esquire N/A N/A RECOMMENDATIONS: Planning and Zoning Department: Building Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: N/A Zoning Board: Denial. Vote of 7-1. *See supporting documentation Approval with conditions* Appeal of a Zoning Board decision which denied a Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, to allow a used auto sales with 19 parking spaces (16 parking spaces required) for the property located at approximately 7500 Biscayne Boulevard. This will allow a used automobile sales dealership. PAGE 26 JANUARY 25, 2001 CONTINUED TO 02/22/01 BY M-01-084 MOVED: SANCHEZ SECONDED: TEELE UNANIMOUS ITEM PZ 6 LOCATION: RESOLUTION — (J -01-34(a) & J -01-34(b)] REQUEST: Appeal of a Zoning Board Decision APPLICANT(S): APPLICANT(S) AGENT: APPELLANT(S): APPELLANT(S): AGENT: Approximately 34 NE 11th Street Diamondback Development Corp. Ben Fernandez, Esquire N/A N/A RECOMMENDATIONS: Planning and Zoning Department: Building Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: N/A Zoning Board: Denial. Vote of 6-3. *See supporting documentation. Approval with conditions* Appeal of a Zoning Board decision which denied a Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, Required Parking, to waive 223 of the required 223 parking spaces for a proposed bar (requiring a separate Class II Special Permit) for the property located at approximately 34 NE 111h Street. This will allow a parking variance for a new entertainment establishment within the Park West Entertainment District. PAGE 27 JANUARY 25, 2001 APPEAL GRANTED BY R-01-091 MOVED: WINTON SECONDED: TEELE ABSENT: REGALADO SANCHEZ ITEM PZ 7 LOCATION: RESOLUTION — [J -01-36(a) & J -01-36(b)] REQUEST: Special Exceptions Requiring City Commission Approval APPLICANT(S): APPLICANT(S) AGENT: APPELLANT(S): APPELLANT(S): AGENT: Approximately 2600/2640 South Bayshore Drive City of Miami, Owner and Felix Lima for Grove Harbour Marina and Caribbean Marketplace, Leasee N/A N/A N/A RECOMMENDATIONS: Planning and Zoning Department: Approval Building Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: N/A Zoning Board: Recommended approval to City Commission. Vote of 8-0. Special Exceptions requiring City Commission approval as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, to allow a marina, retail specialty shops and exhibition space and banquet hall, and a restaurant and raw bar for the properties located at approximately 2600/2640 South Bayshore Drive. This will allow the Grove Harbour Marina Project, which includes a marina, retail specialty shops and exhibition space. PAGE 28 JANUARY 25, 2001 CONTINUED TO 02/22/01 BY M-01-087 MOVED: WINTON SECONDED- SANCHEZ UNANIMOUS ITEM PZ 8 FIRST READING ORDINANCE - (J-00-1023) REQUEST: To Amend Ordinance 10544, from "Single Family Residential" to "Office" to Change the Future Land Use Element of the Comprehensive Neighborhood Plan LOCATION: Approximately 2225 SW 19th Avenue APPLICANT(S): Ron and Linda Kurtz and Albert Bueno APPLICANT(S) AGENT: N/A APPELLANT(S): N/A APPELLANT(S): AGENT: N/A RECOMMENDATIONS: Planning and Zoning Department: Denial Building Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: Recommended denial to City Commission. Vote of 7-0. Zoning Board: See PZ -9. Consideration of amending Ordinance 10544, as amended, the City of Miami Comprehensive Neighborhood Plan, by amending the Future Land Use Map, by changing the land use designation for the property located at approximately 2225 SW 19th Avenue from "Single Family Residential" to "Office". This will change the land use designation from "Single Family Residential" to "Office" for the property located at approximately 2225 SW 19th Avenue. NOTES: THIS IS A COMPANION ITEM TO PZ -9. PAGE 29 JANUARY 25, 2001 DENIED BY M-01-085 MOVED: REGALADO SECONDED: WINTON UNANIMOUS ITEM PZ 9 FIRST READING ORDINANCE - (J-01-38) REQUEST: To Amend Ordinance 11000, from R-1 Single Family Residential to O Office to Change the Zoning Atlas LOCATION: Approximately 2225 SW 19th Avenue APPLICANT(S): Ron and Linda Kurtz and Albert Bueno APPLICANT(S) AGENT: N/A APPELLANT(S): N/A APPELLANT(S): AGENT: N/A RECOMMENDATIONS: Planning and Zoning Department: Denial Building Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: See PZ -8. Zoning Board: Recommended denial to City Commission. Vote of 8-0. Change of Zoning as listed in Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, from R-1 Single Family Residential to O Office for the property located at approximately 2225 SW 19th Avenue. This will change the zoning designation from R-1 Single Family Residential to O Office for the property located at approximately 2225 SW 191h Avenue. NOTES: THIS IS A COMPANION ITEM TO PZ -8. PAGE 30 JANUARY 25, 2001 DENIED BY M-01-086 MOVED: REGALADO SECONDED: WINTON UNANIMOUS ITEM PZ 10 FIRST READING ORDINANCE - (J-00-1024) REQUEST: To Amend Ordinance 10544, from "Duplex Residential" to "General Commercial" to Change the Future Land Use Element of the Comprehensive Neighborhood Plan LOCATION: Approximately 3601 Bird Road APPLICANT(S): Deel Realty, Inc. APPLICANT(S) AGENT: APPELLANT(S): APPELLANT(S): AGENT: Gilberto Pastoriza, Esquire N/A N/A RECOMMENDATIONS: Planning and Zoning Department: Approval Building Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: Recommended approval to City Commission. Vote of 7-0. Zoning Board: See PZ -11. Consideration of amending Ordinance 10544, as amended, the City of Miami Comprehensive Neighborhood Plan, by amending the Future Land Use Map, by changing the land use designation for the property located at approximately 3601 Bird Road from "Duplex Residential" to "General Commercial". This will change the land use designation from "Duplex Residential" to "General Commercial" for the property located at approximately 3601 Bird Road. NOTES: THIS IS A COMPANION ITEM TO PZ -11. PAGE 31 JANUARY 25, 2001 FIRST READING ORD. MOVED: WINTON SECONDED: TEELE ABSENT: REGALADO ITEM PZ 11 FIRST READING ORDINANCE - (J-01-37) REQUEST: To Amend Ordinance 11000, from R-2 Two -Family Residential to C-2 General Commercial to Change the Zoning Atlas LOCATION: Approximately 3601 Bird Road APPLICANT(S): Deel Realty, Inc. APPLICANT(S) AGENT: APPELLANT(S): APPELLANT(S): AGENT: Gilberto Pastoriza, Esquire N/A N/A RECOMMENDATIONS: Planning and Zoning Department: Approval Building Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: See PZ -10. Zoning Board: Recommended approval to City Commission. Vote of 7-1. Change of Zoning as listed in Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, from R-2 Two -Family Residential to C-2 General Commercial for the property located at approximately 3601 Bird Road. This will change the zoning designation from R-2 Two -Family Residential to C-2 General Commercial for the property located at approximately 3601 Bird Road. NOTES: THIS IS A COMPANION ITEM TO PZ -10. PAGE 32 JANUARY 25, 2001 FIRST READING ORD. MOVED: SANCHEZ SECONDED: WINTON ABSENT: REGALADO ITEM PZ 12 SECOND READING ORDINANCE - (J-00-1087) REQUEST: To Amend the Code of the City of Miami LOCATION: N/A APPLICANT(S): City of Miami Planning and Zoning Department APPLICANT(S) AGENT: N/A APPELLANT(S): N/A APPELLANT(S): AGENT: N/A RECOMMENDATIONS: Planning and Zoning Department: Approval Building Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: N/A Zoning Board: N/A Consideration of amending Chapter 62/Article VI of the Code of the City of Miami, Florida, as amended, entitled "Zoning and Planning Fees", Section 62-156 Schedule of Fees, in order to amend provisions related to Major Use Special Permit Fees, to add a traffic study review fee for Major Use Special Permit applications. This will allow the City of Miami to hire an independent traffic engineer to review traffic studies. NOTES: PASSED FIRST READING ON DECEMBER 14, 2000. MOVED BY: WINTON, SECONDED BY: TEELE, UNANIMOUS. PAGE 33 JANUARY 25, 2001 ORDINANCE 12018 MOVED: TEELE SECONDED: WINTON UNANIMOUS ITEM PZ 13 FIRST READING ORDINANCE - (J-00-860) REQUEST: To Amend Ordinance H 000 Text LOCATION: N/A APPLICANT(S): City of Miami Planning and Zoning Department APPLICANT(S) AGENT: N/A APPELLANT(S): N/A APPELLANT(S): AGENT: N/A RECOMMENDATIONS: Planning and Zoning Department: Approval Building Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: Recommended approval with conditions* to City Commission. Vote of 6-0. Zoning Board: N/A *See supporting documentation. Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 9, Section 910, in order to allow for administrative releases of covenants and unity of title provisions by the zoning administrator as applicable. This will enable the zoning administrator to perform administrative releases. NOTES: CONTINUED FROM CC OF 10/26/00. PAGE 34 JANUARY 25, 2001 CONTINUED TO 02/22/01 BY M-01-078 MOVED: SANCHEZ SECONDED: REGALADO ABSENT: TEELE SHALL ITEM PZ 14 RESOLUTION — [J -00-1026(a) & J -00-1026(b)] REQUEST: Appeal of an Interpretation by the Zoning Administrator LOCATION: Approximately 1900 Brickell Avenue APPLICANT(S): Jorge Suarez -Menendez APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire APPELLANT(S): Tory Jacobs, Norman Minenberg and Joe Wilkins APPELLANT(S): AGENT: Jeffrey Bass, Esquire RECOMMENDATIONS: Planning and Zoning Department: decision of Zoning Administrator. Building Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: N/A Zoning Board: Denial. Vote of 4-2. Denial of appeal, uphold Appeal by Jeffrey Bass, Esquire for Tory Jacobs, Norman Minenberg and Joe Wilkins of an administrative interpretation by the Acting Zoning Administrator, dated September 7, 2000, regarding a "Dermocosmetic Spa" as an accessory use to a Health (Medical) Clinic for the property located at approximately 1900 Brickell Avenue. This will deny the applicant's ability to use the clinic for anything other than consultation. NOTES: CONTINUED FROM CC 12/14/00. PAGE 35 JANUARY 25, 2001 5:00 P.M. APPEAL DENIED BY R-01-089 MOVED: SECONDED: SANCHEZ NAYS: WINTON GORT ITEM PZ 15 RESOLUTION — [J -00-775(a) & J -00-775(b)] REQUEST: Appeal of a Historic and Environmental Preservation Board Decision LOCATION: Approximately 2015 South Bayshore Drive APPLICANT(S): Ransom Everglades School APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire APPELLANT(S): Benedict Kuehne, Lynn Kislak, Irwin Gars, Diane Gars, and Brenton and Anthea VerPloeg APPELLANT(S): AGENT: W. Tucker Gibbs, Esquire RECOMMENDATIONS: Planning and Zoning Department: Denial of appeal. Building Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: Approval of certificate of approval with conditions*. Vote of 4-2. Planning Advisory Board: N/A Zoning Board: N/A *See supporting documentation. Appeal of a Historic and Environmental Preservation Board decision which approved a Certificate of Approval with conditions for the removal and relocation of trees for the installation of playing (ball) fields, for the property located within Environmental Preservation District #43-4 and along the South Bayshore Drive Scenic Transportation Corridor at approximately 2015 South Bayshore Drive. This will allow a tree removal and relocation for the installation of playing fields. NOTES: CONTINUED FROM CC 11/16/00. PAGE 36 JANUARY 25, 2001 DEFERRED FOR NINETY DAYS BY M-01-077 MOVED: SANCHEZ SECONDED: WINTON ABSENT: TEELE