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HomeMy WebLinkAboutCC 1997-10-28 Marked AgendaMAYOR JOE CAROLLO G��y OF �j� CITY MANAS EDwARD MARQUEZ �vtP. -y VICE MAYOR TOMAS REGALADO 3 _ COMMISSIONER THELMA V. ANDERSON GIBBON *O 7FOR ADOPTED LEGISLATION NOT APPEARING Al PrCOMMISSIONER WIFREDO (WILLY) GORT y��O OF THIS � J �'• M "^r�k i s� yj�NDLY RFFE" � e COMMISSIONER J.L. PLUMMER JR. FCo., FV� I CITY ,CL`RK'S REPORT, ATTACHED HERETO.CITY COMMISSIBN AGENDA MEETING DATE: OCTOBER 28, 1997 CITY HALL 3500 PAN AMERICAN DRIVE ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE 11469 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. 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. PLAN NING&ZONING C I T Y C O M M I S S 1 O N M E E T I N G * THIS MEETING SHALL CONVENE AT 9:00 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 MAYOR WHO PRESIDES OVER THE CITY COMMISSION MEETING. * * * * * * * * * * * * * Should any person desire to appeal any decision of the Miami City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based. * * * * * * * * * * * * * 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; further, that Commission meetings will adjourn at the conclusion of deliberations on the agenda item being considered at 9:00 PM. (Resolution No. 87-115) 0 PART "A": NON -PLANNING & ZONING ITEMS BEGINNING AT 9:00 AM: ITEMS 1 THROUGH 20 PART "B": PLANNING & ZONING ITEMS BEGINNING AT 2:00 PM: ITEMS PZ-1 THROUGH PZ-18 9:06 AM INVOCATION AND PLEDGE OF ALLEGIANCE A. PRESENTATIONS & PROCLAMATIONS 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-12 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-12 be adopted..." The Mayor 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-97-) - (APPROVING PURCHASE) APPROVING THE PURCHASE OF PHARMACEUTICALS FOR THE DEPARTMENT OF FIRE -RESCUE, FROM SUNBELT MEDICAL SUPPLY AND WYETH-AYERST LABORATORIES, UNDER EXISTING DADE COUNTY CONTRACT NO. 5553-1/97-OTR FOR A ONE (1) YEAR PERIOD, AT A TOTAL PROPOSED ANNUAL AMOUNT NOT TO EXCEED $20,000.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 001000.280501.6.714; AUTHORIZING THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID ACQUISITIONS. PAGE 2 OCTOBER 28, 1997 DELIVERED ID R-97-739 MOVED: PLUMMIER SECONDED: GIBSON ABSENT: CAROLLO CA-2. CA-3. CONSENT AGENDA CONT'D RESOLUTION - (J-97-) - (ACCEPTING CONTRIBUTION) ACCEPTING A CONTRIBUTION IN THE AMOUNT OF $93,990 FROM METROPOLITAN DADE COUNTY FOR CONSTRUCTION COSTS ASSOCIATED WITH THE BAYWOOD PARK ENVIRONMENTAL ENHANCEMENT PROJECT FOR THE DEPARTMENT OF PARKS AND RECREATION; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED . FORM, AND AS APPROVED BY THE CITY ATTORNEY. RESOLUTION - (J-97-734) - (APPROVING PAYMENT OF FUNDS) APPROVING THE PAYMENT OF FUNDS TO METROPOLITAN DADE COUNTY, IN AN AMOUNT NOT TO EXCEED $90,000, FOR SERVICES ASSOCIATED WITH VIRGINIA KEY AND OTHER SPECIAL SITE RESTORATION PROJECTS IDENTIFIED AS A RESULT OF HURRICANE ANDREW; ALLOCATING FUNDS THEREFOR AS PREVIOUSLY APPROPRIATED BY CAPITAL IMPROVEMENTS ORDINANCE NO. 11337, AS AMENDED, PROJECT NO. 336006, FOR SAID SERVICES, SAID FUNDS TO BE FULLY REIMBURSED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, HURRICANE ANDREW RECOVERY AND REBUILDING TRUST FUND. PAGE 3 OCTOBER 28, 1997 R-98-740 MOVED: SECONDED: ABSENT: R-97-741 MOVED: SECONDED: ABSENT: PLUMMER GIBSON CAROLLO PLUMMER GIBSON CAROLLO �l CA-4. CA-5. L-1 0 CONSENT AGENDA CONT'D RESOLUTION - (J-97-735) - (AUTHORIZING THE ALLOCATION OF FUNDS) AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $6,600, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, FOR THE PURCHASE OF TAPE RECORDERS, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U. S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." RESOLUTION - (J-97-736) - (AUTHORIZING THE ALLOCATION OF FUNDS) AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $20,000, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, FOR THE PROCUREMENT OF CAMERA EQUIPMENT, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U. S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." PAGE 4 OCTOBER 28, 1997 R-97-742 MOVED: PLUMMER SECONDED: GIBSON ABSENT: CAROLLO R-97-743 MOVED: PLUMMER SECONDED: GIBSON ABSENT: CAROLLO CA-6. CA-7 0 is CONSENT AGENDA CONT'D RESOLUTION - (J-97-737) - (AUTHORIZING THE ALLOCATION OF FUNDS) AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $50,000, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, FOR THE PROCUREMENT OF MISCELLANEOUS INVESTIGATIVE EQUIPMENT, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U. S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." RESOLUTION - (J-97-738) - (AUTHORIZING THE ALLOCATION OF FUNDS) AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $8,500, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, FOR THE PROCUREMENT OF NON -LETHAL WEAPON SYSTEMS AND RIFLE SCOPES, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U. S DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." PAGE 5 OCTOBER 28, 1997 R-97-744 MOVED: PLUMMER SECONDED: GIBSON ABSENT: CAROLLO R-97-745 MOVED: PLUMMER SECONDED: GIBSON ABSENT: CAROLLO CA-8. CA-9. CONSENT AGENDA CONT'D RESOLUTION - (J-97-739) - (AUTHORIZING. THE ALLOCATION OF FUNDS) AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $40,000, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, FOR THE PROCUREMENT OF RADAR UNITS AND A SPEED WARNING RADAR TRAILER, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS. COMPLYING WITH THE U. S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." RESOLUTION - (J-97-741) - (AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS) AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH YOUTH OF AMERICA, INC. AND RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORPORATION, IN THE AMOUNT OF $25,000 EACH, FOR A SIX MONTH PERIOD, FROM JANUARY 12, 1998 TO JUNE 30, 1998, FOR THE PURPOSE OF PROVIDING COMMERCIAL FACADE AND BUSINESS TECHNICAL ASSISTANCE WITHIN THE MODEL CITY AND WYNWOOD NEIGHBORHOODS, RESPECTIVELY; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT CONTINGENCY FUNDS FOR SAID PURPOSE. PAGE 6 OCTOBER 28, 1997 R-97-746 MOVED: PLUMMER SECONDED: GIBSON ABSENT: CAROLLO R-97-747 MOVED: PLUMMER SECONDED: GIBSON ABSENT: CAROLLO CONSENT AGENDA CONT'D CA-10. RESOLUTION - (J-97-746) - (AUTHORIZING THE ACQUISITION OF MICROCOMPUTERS, RELATED NETWORK PRODUCTS, SOFTWARE AND SERVICES) AUTHORIZING THE ACQUISITION OF MICROCOMPUTERS, RELATED NETWORK PRODUCTS, SOFTWARE AND SERVICES FROM VARIOUS VENDORS, FOR CITY OFFICES, INCLUDING BUT NOT LIMITED TO CITY HALL AND NET OFFICES, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NOS. 250-040-96-1, 973- 502-97-1 AND 252-001-97-1, AND METROPOLITAN DADE COUNTY CONTRACT NOS. 1059-2/98-OTR-CW AND 1941- 2/96-054-CW, AT A TOTAL PROPOSED AMOUNT OF $500,000; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 311015.461301.6.850, AS PREVIOUSLY APPROPRIATED BY CAPITAL IMPROVEMENTS ORDINANCE NO. 11337, AS AMENDED; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID ACQUISITION. CA-11. RESOLUTION - (J-97-748) - (ACCEPTING BID) ACCEPTING THE BID OF VENECON, INC., (HISPANIC/LOCAL VENDOR: OSCAR BUSTAMENTE, PRESIDENT) IN THE PROPOSED AMOUNT OF $168,000 TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED "CITYWIDE EMERGENCY OPERATIONS CENTER MODIFICATIONS, SECOND BIDDING, B-3261 "; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 313238, AS APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED, TO COVER THE CONTRACT COST OF $158,000. AND OF $48,060 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $206,060; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. PAGE 7 OCTOBER 28, 1997 R-97-748 MOVED: SECONDED: ABSENT: R-97-749 MOVED: SECONDED: ABSENT: PLUMvER GIBSON CAROLLO PLUMNER GIBSON CAROLLO CA-12. 0 0 CONSENT AGENDA CONT'D RESOLUTION - (J-97-740) - (ACCEPTING PLAT) ACCEPTING THE PLAT ENTITLED KNIGHT-RIDDER #1, 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; ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; 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 DADE COUNTY, FLORIDA. END OF CONSENT AGENDA PAGE 8 OCTOBER 28, 1997 R-97-750 MOVED: PLUMMER SECONDED: GIBSON ABSENT: CAROLLO • PAGE 9 OCTOBER 28, 1997 PUBLIC HEARINGS 2. RESOLUTION - (J-97-719) - (DETERMINING THAT THE APPLICATION BY BASKETBALL PROPERTIES, LTD. TO THE STATE OF FLORIDA TO BE PAID SALES TAX REVENUES) DETERMINING THAT THE APPLICATION BY BASKETBALL PROPERTIES, LTD. TO THE STATE OF FLORIDA TO BE PAID SALES TAX REVENUES BY THE STATE OF FLORIDA PURSUANT TO SECTION 212.20, FLORIDA STATUTES, SERVES A PUBLIC PURPOSE. (This item was deferred from the meeting of October 14, 1997.) 3. RESOLUTION - (J-97-745) - (AUTHORIZING THE CITY MANAGER TO REALLOCATE FUNDS) AUTHORIZING THE CITY MANAGER TO REALLOCATE $2,880,000 OF AVAILABLE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME AND CONTINGENCY FUNDS TO BE ALLOCATED FOR ELIGIBLE CITY SPONSORED CDBG ACTIVITIES IN LOW AND MODERATE INCOME DEVELOPMENT TARGET AREAS AS HEREIN SPECIFIED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IF APPLICABLE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH AGENCIES AND/OR LOAN APPLICANTS FOR SAID PROJECTS. R-97-751 MOVED: SECONDED: ABSENT: R-97-759 MOVED: SECONDED: UNANIMOUS PLUMMER GIBSON CAROLLO GIBSON PLUM ER 4. 4 9 PUBLIC HEARINGS CONrD EMERGENCY SEGOND READING ORDINANCE - (J-97-607) is AMENDING SECTION 54-16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PROHIBITION OF VEHICULAR ACCESS", THEREBY ESTABLISHING A PROCEDURE AND FINANCIAL RESPONSIBILITY FOR REQUESTING THE VEHICULAR AND PEDESTRIAN ACCESS PROHIBITION TO AN UNIMPROVED.- PUBLIC ALLEY OR PARTIALLY UNIMPROVEDALLEY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. DATE OF FIRST READING : OCTOBER 14,1997 MOVED : COMMISSIONER PLUMMER SECONDED : VICE -MAYOR REGALADO VOTE :.UNANIMOUS RESOLUTION - (J-97-750) - (RESTRICT VEHICULAR AND PEDESTRIAN ACCESS) RESTRICT VEHICULAR AND PEDESTRIAN ACCESS TO SOUTHWEST 3RD AVENUE ALLEY AT ITS INTERSECTION WITH THE EASTERLY SIDE OF SOUTHWEST 2e ROAD IN THE CITY OF MIAMI, FLORIDA, SUBJECT TO CERTAIN CONDITIONS, AS MORE PARTICULARLY SET FORTH HEREIN. PAGE 10 OCTOBER 28,1997 EMERGENCY ORDINANCE 11560 (AS MODIFIED) MOVED: PLUMMER SECONDED: GORT ABSENT: CAROLLO R-97-754 MOVED: GORT SECONDED: PLUMMER ABSENT: CAROLLO PERSONAL APPEARANCES NOTE: Legislation may result from City Commission consideration of any Personal Appearance. 6. WITHDRAWN 7. AS PER COMMISSIONER GIBSON'S REQUEST, MS. VEOLA WILLIAMS TO ADDRESS THE COMMISSION TO REQUEST THAT THE REHABILITATION OF HER HOUSE, LOCATED AT 1457 N.W. 42ND ST., UNDER THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED SINGLE FAMILY REHABILITATION PROGRAM, BE COMPLETED TO HER SATISFACTION. ADMINISTRATION RECOMMENDATION: TO BE DISCUSSED PAGE 11 OCTOBER 28, 1997 M-97-755 MOVED: PLUMMER SECONDED: GIBSON ABSENT: CAROLLO 8. 9. ORDINANCES - EMERGENCY EMERGENCY ORDINANCE - (J-97-715) (4/5THS VOTE) (NOTE: This item is being presented as an emergency on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami.) AMENDING SECTION 14-285, ENTITLED "EMPLOYEES GENERALLY" OF ARTICLE V. ENTITLED "SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY" ("CRA"), OF THE. CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY DESIGNATING THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND DEVELOPMENT AS THE CHIEF EXECUTIVE OFFICER OF THE CRA AND PROVIDING ADDITIONAL STAFF SUPPORT TO THE CRA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MERGENCY ORDINANCE - (J-97-742) (4/5THS 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 of the City of Miami 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. 10021, ADOPTED JULY 18, 1985, AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND, RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981, THEREBY PROVIDING FOR AN INCREASE IN THE AMOUNT OF $672,453, AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. PAGE 12 OCTOBER 28, 1997 EMERGENCY ORDINANCE 11561. MOVED: PLUMMER SECONDED: GIBSON ABSENT: CAROLLO EMERGENCY 11565 MOVED: SBCONDED: ABSENT: ORDINANCE PLUMMER GIBSON CAROLLO 10 11. ORDINANCES - EMERGENCY CONT I) EMERGENCY ORDINANCE - (J-97-743) (4/5THS 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 purchases and payments and to generally carry out the functions and duties of municipal affairs.) AMENDING SECTIONS I OF CAPITAL IMPROVEMENTS ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25, 1996; THEREBY REVISING AND ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1997-1998; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. EMERGENCY ORDINANCE - (J-97-752) (4/5THS VOTE) (NOTE: This item is being presented as an emergency on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami.) AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT THE SALE, DISPENSING, POSSESSION, AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT THE FEC PROPERTY, MIAMI, FLORIDA, LEGALLY DESCRIBED ON ATTACHMENT "A", ATTACHED HERETO AND MADE A PART HEREOF; MORE PARTICULARLY BY AMENDING SECTIONS 38-69 AND 38- 70 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. PAGE 13 OCTOBER 28, 1997 EMERGENCY ORDINANCE 11562 MOVED: PLUMMER SECONDED: GORT ABSENT: CAROLLO EMERGENCY 11563 MOVED: SECONDED ABSENT: ORDINANCE GORT GIBSON CAROLLO ORDINANCES - EMERGENCY CONT'D 12. EMERGENCY ORDINANCE - (J-97-751) (4/5THS VOTE) (NOTE: This item is being presented as an emergency on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami.) RELATING TO IMPLEMENTATION OF CHARTER AMENDMENT NO. 1, BY AMENDING SECTIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO EFFECTUATE THE PROVISIONS DEALING WITH THE EXECUTIVE MAYOR AND FIVE SINGLE MEMBER DISTRICTS; MORE PARTICULARLY BY AMENDING CHAPTERS 1, 2, 4, 11, 14, 16, 17, 18, 22, 23, 29, 35, 38, 40, 45, AND 46 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. NOTE: This item will be distributed at a later date. 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 beinEF so determined by the City Commission. 13. WITHDRAWN PAGE 14 OCTOBER 28, 1997 EMERGENCY ORDINANCE 11564 MOVED: GORT SECONDED: PLUMMER ABSENT: CAROLLO 14. RESOLUTIONS DEPARTMENT OF LAW RESOLUTION - (J-97-749) - (AUTHORIZING SETTLEMENT) AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JULIO LOPEZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARIA DE JESUS CARMONA, THE SUM OF $40,000, WITHOUT ANY ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF DADE COUNTY, CASE NO. 94-23837 CA (13), UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 424401-653. DEPARTMENT OF POLICE PAGE 15 OCTOBER 28, 1997 R-97-756 MOVED: SECONDED: ABSENT: 15. RESOLUTION - (J-97-) - (RATIFYING, APPROVING, AND R-97-757 CONFIRMING THE CITY .MANAGER'S FINDING OF AN MOVED: EMERGENCY) SECONDED: (4/5THS VOTE) ABSENT: RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVING THE EMERGENCY PURCHASE OF AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AFIS) MAINTENANCE FROM PRINTRAK INTERNATIONAL, INC., IN AN AMOUNT NOT TO EXCEED $50,000, FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE POLICE OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.670; FURTHER, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR THIS MAINTENANCE. PLUMMER GIBSON CAROLLO PLUMMER GIBSON CAROLLO PAGE 16 OCTOBER 28, 1997 RESOLUTIONS CONT'D DEPARTMENT OF PLANNING & DEVELOPMENT 16. RESOLUTION - (J-97-747) - (AUTHORIZING THE CITY R-97-774 MANAGER TO EXECUTE A LEASE AND DEVELOPMENT MOVED: GORT AGREEMENT) SECONDED: REGALADO ABSENT: PLUMMER AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AND DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH GROVE HARBOUR MARINA AND CARIBBEAN MARKETPLACE, LLC. (HEREINAFTER "LESSEE"), FOR THE PLANNING AND DESIGN, CONSTRUCTION, LEASING AND MANAGEMENT OF A COMMERCIAL AND RECREATIONAL MULTIPLE USE FACILITY INCLUDING A FULL SERVICE BOAT YARD, MARINA, MARINE RELATED RETAIL USES AND A PUBLIC MARKET WITH ADAPTIVE REUSE OF TWO EXISTING HISTORIC HANGAR STRUCTURES ON A 13.55 ACRE SITE (6.95 UPLAND AND 6.6 SUBMERGED ACRES) ON DINNER KEY FOR A PERIOD OF FORTY (40) YEARS; REQUIRING . SAID LESSEE TO MAKE A TOTAL CAPITAL INVESTMENT IN SAID PROPERTY OF NOT LESS THAN $5,000,000; PAYING TO THE CITY OF MIAMI A MINIMUM ANNUAL LEASE PAYMENT OF NOT LESS THAN $300,000 OR A PERCENTAGE OF REVENUES AS SPECIFIED HEREIN, WHICHEVER IS GREATER, INCLUDING A RENT ESCALATION PROVISION; AND, SUBJECT TO SUCH ADDITIONAL CONDITIONS AS ARE PROVIDED IN THE AGREEMENT. • PAGE 17 OCTOBER 28,1997 COMMISSION 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. 17. DISCUSSION REGARDING CITY=OWNED PROPERTY REFERRED TO CITY MANAGER LOCATED AT 1000 SOUTH MIAMI AVENUE, FORMERLY KNOWN AS FIREHOUSE FOUR RESTAURANT. 18. DISCUSSION CONCERNING MONTHLY REPORT STATUS OF CABLE TV FRANCHISE, M-97-758 MOVED: SECONDED: ABSENT:. ON .------ R-97-758.1 MOVED: SECONDED:. ABSENT: 19. DISCUSSION CONCERNING THE MIAMI COMMUNITY POLICE BENEVOLENT ASSOCIATION (MCPBA) IN REGARD TO THE USE OF CITY -OWNED PROPERTY LOCATED AT 1009 N.W. a AVENUE AS A MUSEUM. 20. AS PER VICE -MAYOR REGALADO'S REQUEST, DISCUSSION REGARDING THE POSSIBLE SALE OF THE WATSON BUILDING. 21. DISCUSSION CONCERNING REVISED CITY OF MIAMI FIVE YEAR PLAN FOR FISCAL YEAR 1998 THROUGH AND INCLUDING FISCAL YEAR 2002. R-97-752 MOVED: SECONDED: ABSENT: DISCUSSED PLUMMER GIBSON CAROLLO PLUMMER GIBSON CAROLLO GIBSON PLUMMER CAROLLO R-97-783 MOVED: GORT SECONDED: REGALADO ABSENT: PLUMMER +' PAGE 18 October 28, 1997 THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 2:00 PM ITEM PZ 1 RESOLUTION- (J-97-451) REQUEST: Official vacation and closure of a public right-of-way. LOCATION: 1695 N.W. 91h Avenue APPLICANT(S): Jackson Memorial y Hospital. APPLICANT(S) AGENT: Eugene Shy, Assistant County Attorney APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: N/A. Building & Zoning Department: N/A. Public Works Department: Approval. See supporting documentation. Plat & Street Committee: Approval. See supporting documentation. Historic Preservation Board: N/A. Planning Advisory Board: N/A. Zoning Board: Recommended approval to City Commission. Vote of 5-1. Official vacation and closure of a public right-of-way, being Track "A" and "B" the portion of N.W. 8t' Avenue between 16' and 17' Street of Medical Subdivision. NOTES: CONTINUED FROM CC 9/23/97. CONTINUED TO NOVEMBER 25, 1997 BY M-97-761 MOVED: PLUMMER SECONDED: GORT UNANIMOUS ® ® PAGE 19 October 28, 1997 ITEM PZ 2 RESOLUTION- (J-97-641) REQUEST: Official vacation and closure of a public right-of-way. LOCATION: 1441 Brickell Avenue APPLICANT(S): Terremark Brickell II, LTD. APPLICANT(S) AGENT: Adrienne Friesner Pardo, Esq. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: N/A. Building & Zoning Department: N/A. Public Works Department: Approval. See supporting documentation. Plat & Street Committee: Approval. See supporting documentation. Historic Preservation Board: N/A. Planning Advisory Board: N/A. Zoning Board: Recommended approval to City Commission. Vote of 7-0. Official vacation and closure of a public right-of-way, of those two north -south alleys and one east -west alley located within the block bounded by Brickell Avenue, SE 14 Lane, SE Bayshore Drive, and SE 14 Terrace; zoned SD-5 Brickell Avenue Area Residential -Office District. R-97-762 MOVED: GORT SECONDED: PLUMMER UNANIMOUS ITEM PZ 3 RESOLUTION- (J-97-716) REQUEST: Modification of previously approved Resolution 82-716 approved July 29, 1982. LOCATION: 1744-1756 North Bayshore Drive APPLICANT(S): Synchron Parking Systems, Inc., Tibor Hollo, President. APPLICANT(S) AGENT: A. Vicky Leiva, Esq. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: Approval with conditions. Building & Zoning 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. Modification of Resolution 82-716 to permit a multi -story building located at 1744-1756 North Bayshore Drive, as per site plan entitled "Miramar", prepared by Carr Smith Corradino and dated September 4, 1997, which requests the downsizing of the project form 553 units to 471 units and from 10 variances to 2 variances and waiver of the City of Miami Parking Guides and Standards. PAGE 20 October 28, 1997 R-97-763 MOVED: PLUMMSR SECONDED: GORT UNANIMOUS ® PAGE 21 October 28, 1997 ITEM PZ 4 RESOLUTION- [J-97-483(a) & J-97-483(b)] REQUEST: Appeal of a Zoning Board decision. LOCATION: 1273 N.W. 24 Street APPLICANT(S): Julian and Kathleen Garcia. APPLICANT(S) AGENT: N/A. APPELLANT(S): Julian and Kathleen Garcia. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: Denial. Building & Zoning 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: Denied the Variance. Vote of 7-0. Appeal of a Zoning Board decision which denied a Variance as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, R-2 Two -Family Residential, to permit a rear yard setback of 5'-8" (20'-0" required) for an existing multifamily structure; zoned R-2 Two -Family Residential. NOTES: CONTINUED FROM CC 9/23/97. DIRECTION TO PROPERTY OWNER REGARDING EXPERT WITNESS TO DEMONSTRATE HARDSHIP. APPEAL GRANTED R- 97-764 (AS MODIFIED) MOVED: GORT SECONDED: GIBSON ABSENT: CAROLLO ITEM PZ 5 RESOLUTION- [J-97-696(a) & J-97-696(b)] REQUEST: Appeal of a Zoning Board decision. LOCATION: 2615 S.W. 20 Street APPLICANT(S): Oliver de Campoamor. APPLICANTS) AGENT: N/A. APPELLANT(S): Oliver de Campoamor. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: Denial. Building & Zoning 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: Denied the Variance. Vote of 7-0. Appeal of a Zoning Board decision which denied a Variance as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, R-1 Single -Family Residential, to permit a structure with A rear yard setback of 3'-0" (5'-0" required) for an existing addition to a single family residence; zoned R-1 Single -Family Residential. PAGE 22 October 28, 1997 CONTINUED TO NOVEMBER 25, 1997 BY M-97-765 MOVED: GORT SECONDED: REGALADO ABSENT: PLUMPER Although absent during roll call COMM. PLUMMER requested of the G! W 0( to be shown as being in agreement with the motion. r] ITEM PZ 6 RESOLUTION- [J-97-725(a) & J-97-725(b)] REQUEST: Appeal of a Zoning Board decision. LOCATION: 315 S.W. 10 Avenue APPLICANT(S): Felipe & Clara Bouza. APPLICANT(S) AGENT: N/A. APPELLANT(S): Felipe & Clara Bouza. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: Denial. Building & Zoning 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: Denied the Variances. Vote of 5-2. • Appeal of a Zoning Board decision which denied Variances from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, R-3 Multifamily Medium -Density Residential, to permit a structure with a rear yard setback of 5.2' (10'-0" required), to waive one (1) of the required two (2) offstreet parking spaces, per Article 9, Section 908.10.1, to permit a landscape area of 67 sq. ft. or 6.7% (200 sq. ft. 20% required), and to permit a driveway 2.5' from the side property line in the first 20' setback (5' required) for existing multifamily units; zoned R-3 Multifamily Medium -Density Residential. PAGE 23 October 28, 1997 CONTINUED TO NOVEMBER 25, 1997 M-97-766 MOVED: GORT SECONDED: GIBSON UNANIMOUS m 9 ITEM PZ 7 RESOLUTION- [J-97-727(a) & J-97-727(b)] REQUEST: Appeal of a Zoning Board decision. LOCATION: 1673 N.W. 27 Avenue APPLICANT(S): Via del Rio Restaurant, Inc. APPLICANTS) AGENT: Virgilio Perez. APPELLANT(S): The neighboring home owners and business owners within of the 375 ft. radius of 1673 N.W. 27 Avenue. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: Approval with conditions. Building & Zoning 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: Granted the Special Exception. Vote of 4-3. Appeal of a Zoning Board decision which granted 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 tavern; zoned C-1 Restricted Commercial. PAGE 24 October 28, 1997 CONTINUED TO NOVEMBER 25, 1997 BY M-97-767 MOVED: CAROLLO SECONDED: PLUMMIER UNANIMOUS ® PAGE 25 October 28, 1997 ITEM PZ 8 RESOLUTION- [J-97-728(a) & J-97-728(b)] REQUEST: Appeal of a Zoning Board decision. LOCATION: 1837 N.W. 33rd Street APPLICANT(S): Angel Rodriguez. APPLICANT(S) AGENT: APPELLANT(S): APPELLANT(S) AGENT: N/A. Angel Rodriguez. N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: Denial. Building & Zoning 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: Motion to approve failed thus constituting a denial. Vote of 3-3. Appeal of a Zoning Board decision which denied Variances from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, R-2 Two - Family Residential, to permit a side yard setback (west) of 3'-1" (5'-0" required) and to waive one (1) of the required three (3) offstreet parking spaces and per Article 9, Section 908.3, Permanent Structural projections from buildings, to permit an overhang to leave 1'-7" open space from the required west side yard (3'-0" minimum space required between the edge of the eave and the interior side property line) for an existing second unit addition; zoned R-2 Two -Family Residential. CONTINUED TO NOVEMBER 25, 1997 BY M-97-768 MOVED: GORT SECONDED: PLUMMIER ABSENT: CAROLLO ITEM PZ 9 RESOLUTION- [J-97-713(a) & J-97-713(b)] REQUEST: Appeal of a Zoning Board decision. LOCATION: 3031 Brickell Avenue APPLICANT(S): Adrienne Arsht & Myer Feldman. APPLICANT(S) AGENT: Ben Fernandez & Jeff Bercow, Esq. APPELLANT(S): Dean Ziff & V. Nagymihaly. APPELLANT(S) AGENT: Jeffrey S. Bass, Esq. for V. Nagymihaly. RECOMMENDATIONS: Community Planning & Revitalization Department: Denial of appeal, approval of Class II Special Permit. Building & Zoning 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: Denied the appeal and upheld the Class II Special Permit. Vote of 7-0. Appeal of a Zoning Board decision which denied an appeal of a Class II Special Permit Application No. 97-0073 approved with conditions by the Director of the Department of Planning and Development on June 11, 1997, at the above location, this section sets forth explicitly that any development on property located between Biscayne Bay and the first dedicated right-of-way pursuant to provisions and standards contained in Section 1305 of Ordinance No. 11000, shall be permissible only by Class II Special Permit. PAGE 2 6 October 28, 1997 APPEAL GRANTED R-97-769 (AS MODIFIED) MOVED: PLUMMER SECONDED: GORT ABSENT: CAROLLO ITEM PZ 10 SECOND READING ORDINANCE - (J-97-534) REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium Density Residential to R-3 Multifamily Medium Density Residential and HP Historic Preservation Overlay Districts, to change the Zoning Atlas. LOCATION: 1548 Brickell Avenue (The George E. Nolan House) APPLICANT(S): George E. Nolan, Jr., Frances Nolan Harris Young, Susan Margaret Harris Gonzalez & Piero Salussolia, President PSRE, Inc. APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Department of Planning & Development: Approval. Building & Zoning 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 7-0. Change of Zoning as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 7, HP Historic Preservation Overly Districts from R-3 Multifamily Medium Density Residential to R-3 Multifamily Medium Density Residential and HP Historic Preservation Overlay Districts. NOTES: PASSED FIRST READING ON SEPTEMBER 23, 1997, MOVED BY: PLUMMER, SECONDED BY: GIBSON, UNANIMOUSLY. PAGE 27 October 28, 1997 ORDINk,NCE 11566 MOVED: GIBSON SECONDED: RT ABSENT: LO & RECONSIDERED BY M-97-771 MOVED: GORT SECONDED: GIBSON ABSENT: CAROLLO & PLLHCR ORDINANCE 11570 MOVED: REGALADO SECONDED: GORT NAYS: CAROLLO ABSENT: PLUMMER ITEM PZ 11 FIRST READING ORDINANCE - (J-97-723) REQUEST: To Amend Ordinance No. 105441, .from Duplex Residential to Restricted Commercial to change the Future Land Use element of the Comprehensive Neighborhood Plan. LOCATION: 2734 S.W. 16 Street APPLICANT(S): Alfredo Hidalgo, President of ARCCA Inc. APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Department of Planning & Development:. Approval. Building & Zoning 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 5-2. Zoning Board: N/A. Consideration of amending Ordinance No. 10544, as amended, the City of Miami Comprehensive Neighborhood Plan by amending the Future Land Use Map by changing the land use designation of the property located at 2734 S.W. 16 Street from "Duplex Residential" to "Restricted Commercial". NOTES: THIS IS A COMPANION ITEM TO PZ-12. PAGE 28 October 28, 1997 FIRST READING ORDINANCE MOVED: GORT SECONDED: GIBSON ABSENT: PLUMMER & CAROLLO ® PAGE 2 9 October 28, 1997 ITEM PZ 12 FIRST READING ORDINANCE - (J-97-697) REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial, to change the Zoning Atlas. LOCATION: 2734 S.W. 16 Street APPLICANT(S): Alfredo Hidalgo, President of ARCCA Inc. APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Department of Planning & Development: Approval. Building & Zoning 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 7-0. Change of Zoning as listed in Ordinance No. 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-1 Restricted Commercial. NOTES: THIS IS A COMPANION ITEM TO PZ-11 FIRST READING ORDINANCE MOVED: GIBSON SECONDED: GORT ABSENT: PLUMMIER ITEM PZ 13 SECOND READING ORDINANCE - (J-97-171) REQUEST: To Amend Chapter 4 of the Code of the City of Miami. LOCATION: N/A. APPLICANT(S): City of Miami, Department of Planning & Development APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Department of Planning & Development: Approval. Building & Zoning 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 4 of the Code of the City of Miami to add an exception for alcoholic beverage establishment uses which precede schools or churches. NOTES: PASSED FIRST READING ON MARCH 27, 1997, MOVED BY: PLUMMER, SECONDED BY: HERNANDEZ, UNANIMOUSLY. CONTINUED FROM CC 9/23/97. PAGE 30 October 28, 1997 ORDINANCE 11567 MOVED: GORT SECONDED: GIBSON ABSENT: PLUrMIER • • PAGE 31 October 28, 1997 ITEM PZ 14 SECOND READING ORDINANCE - (J-97-173) REQUEST: To Amend Article 11, Section 1101.5 of Zoning Ordinance No. 11000. LOCATION: N/A. APPLICANT(S): City of Miami, Department of Planning & Development APPLICANTS) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Department of Planning & Development: Approval. Building & Zoning 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 5-1. Zoning Board: N/A. Consideration of amending Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 11, Section 1101.5 in order to provide an exception clause for alcohol beverage establishment uses which precede schools or churches. NOTES: PASSED FIRST READING ON MARCH 27, 1997, MOVED BY: PLUMMER, SECONDED BY: REGALADO, UNANIMOUSLY. CONTINUED FROM CC 9/23/97. ORDINANCE 11568 MOVED: GORT SECONDED: REGALADO ABSENT: PLUMMER ® PAGE 32 October 28, 1997 ITEM PZ 15 SECOND READING ORDINANCE - (J-97-616) REQUEST: - To Amend Article 6 of Zoning Ordinance 11000. LOCATION: N/A. APPLICANT(S): City of Miami, Department of Planning & Development APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Department of Planning & Development: Approval. Building & Zoning Department: N/A. Public Works Department: N/A. Plat & Street Committee: N/A. Historic Preservation Board: N/A. Planning Advisory Board: Recommended for denial to City Commission. Vote of 7-0. Zoning Board: N/A. Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 6, Section 602 "Coconut Grove Central Commercial District" in order to modify Section 602.10.4 entitled "Off -site Parking", to include that portion of the adjacent G/I District bounded by Main Highway, Charles Avenue and William Avenue; also in order Jo correct and clarify certain language in the section. NOTES: PASSED FIRST READING ON SEPTEMBER 23, 1997, MOVED BY: PLUMMER, SECONDED BY: GIBSON, UNANIMOUSLY. M-97-770 CONTINUED TO NOVEMBER 25, 1997 MOVED: GORT SECONDED: REGALADO ABSENT: PLUMMER ITEM PZ 16 SECOND READING ORDINANCE - (J-97-620) REQUEST: To Amend Article 6 of Zoning Ordinance 11000 LOCATION: N/A. APPLICANT(S): City of Miami, Department of Planning & Development APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Department of Planning & Development: Approval. Building & Zoning Department: N/A. Public Works Department: N/A. Plat & Street Committee: N/A. Historic Preservation Board: N/A. Planning Advisory Board: Recommended for approval to City Commission. Vote of 7-0. Zoning Board: N/A. Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 6, Section 602.11 in order to modify the sign regulations for the SD-2 Coconut Grove Central Commercial district, thereby allowing free-standing directional signs, conditionally. NOTES: PASSED FIRST READING ON SEPTEMBER 23, 1997, MOVED BY: PLUMMER, SECONDED BY: GORT, UNANIMOUSLY. PAGE 3 3 October 28, 1997 ORDINANCE 11569 MOVED: GIBSON SECONDED: REGALADO ABSENT: PLU V R ITEM PZ 17 FIRST READING ORDINANCE - (J-97-617) REQUEST: To Amend Article 6 of Zoning Ordinance 11000. LOCATION: N/A. APPLICANT(S): City of Miami, Department of Planning & Development. APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Department of Planning & Development: Denial. Building & Zoning Department: N/A. Public Works Department: N/A. Plat & Street Committee: N/A. Historic Preservation Board: N/A. Planning Advisory Board: Recommended for denial to City Commission. Vote of 4-3. Zoning Board: N/A. Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 6, Section 602.4.1.3. entitled "Sales display and service activities within open or partially open space", to modify the existing provisions to allow said uses, conditionally, in open and partially open spaces within the district. NOTES: CONTINUED FROM CC 9/23/97. PAGE 34 October 28, 1997 CONTINUED TO NOVEMBER 25, 1997 BY M-97-772 MOVED: GORT SECONDED: GIBSON ABSENT: PLUMMER ITEM PZ 18 FIRST READING ORDINANCE - (J-97-619) REQUEST: To Amend Article 9 of Zoning Ordinance 11000 LOCATION: N/A. APPLICANT(S): City of Miami, Department of Planning & Development. APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Department of Planning & Development: Approval. Building & Zoning Department: N/A. Public Works Department: N/A. Plat & Street Committee: N/A. Historic Preservation Board: N/A. Planning Advisory Board: Recommended for denial to City Commission. Vote of 7-0. Zoning Board: N/A. Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 9, Section 920.2.2 "Parking or storage of major recreational equipment as an accessory use in residential districts", in order to set forth regulations allowing storage of said vehicles in front yards, conditionally. NOTES: CONTINUED FROM CC 9/23/97. PAGE 35 October 28, 1997 CONTINUED TO NOVEMBER 25, 1997 BY M-97-773 MOVED: GIBSON SECONDED: REGALADO ABSENT: PLU4ER