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HomeMy WebLinkAboutCC 1993-07-22 Marked AgendaI OE MAYOR XAVIER L. SUAREZ C-0 -Lj CITY MANAGER CESAR H. OD10 �= VICE MAYOR VICTOR H. DE YURRE COMMISSIONER DR. MIRIAM ALONSO COMMISSIONER MILLER 1. DAWKINS COMMISSIONER J.L. PLUMMER, 1R. fLo� CITY COMMISSION AGENDA MEETING DATE: JULY 22, 1993 CITY HALL 3500 PAN AMERICAN.DRIVE CITY ORDINANCE NO. 10087, ADOPTED MARCH .18, 1986, AS AMENDED, GENERALLY REQUIRES ALL PERSONS APPEARING IN A E'AID OR REMUNERATED REPRESENTATIVE CAPACITY BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION TO REGISTER WITH THE CITY CLERK. BEFORE ENGAGING IN LOBBYING ACTIVITIES. A COPY OF SAID AMENDED ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL PLANNING 3 ZONING CITY COMMISSION MEETING * * THIS MEETING SHALL CONVENE AT 9:00 AN THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MIEETING 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 C"ISSION 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 METING. * * * * f i * it w • * it Should any person desire to appeal any decision of the Miami City Com>ission 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 Comission has established a policy that the lunch recess will begin at the conclusion of deliberations of the agenda item being considered at 12:00 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) 4 * * k FFjORMOTIONS AND RESOLUTIONS WHICH DO NOT APPEAR INED AGENDA, KINDLY REFER TO THE CITY CLERIC'S TTACHED HERETO. PART"A": PART 'B": 9:00 AN A. NOTE: 1. 2. NON -PLANNING & ZONING ITEMS BEGINNING AFTER 9:00 AM: ITEMS 1 THROUGH 31 BEGINNING AFTER 3:30 PM: ITEM 32 BEGINNING AFTER 4:00 PM: ITEM 33 BEGINNING AFTER 4:15 PM: ITEM 34 BEGINNING AFTER 4:45 PM: ITEM 35 PLANNING & ZONING ITEMS BEGINNING AFTER 5:00 PM: ITEMS PZ-1 THROUGH PZ-6 BEGINNING AFTER 6:00 PM: ITEMS PZ-7A THROUGH PZ-10 PART "A" INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS & PROCLAMATIONS SPECIALLY SCHEDULED DISCUSSION ITEMS Legislation may result from City Coemission consideration of any Discussion Item. As per Commissioner Dawkins' request discussion regarding the Cit 's responsibility to Miami Heat and the citizens of Miami. Department of Management and Budoet RESOLUTION - (J-93-524) - (PROPOSED MILLAGE RATE) CMuting a proposed Miami, Florida, fov for the City of rear beainnino uctooer i s, iJy3 mne enuing 3e temper w iy"; instructing the City Manager to submit said proposed millage rate to the Dade County property appraiser and the tax collector together with the date, time and place of the public hearing at which the City Commission will consider the proposed millage rate and the City's tentative budget for said fiscal year. ,i PAGE 2 J1 JULY 22, 1993 r' DELIVERED SEE SUPPLEMENTAL AGENDA DISCUSSED R-93-476 MOVED : ALONSO SECONDED: DAWKINS UNANIMOUS EN6.01F.SPECIACEY SCHEDULED M 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-6 constitute the Consent A ends. 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 -1 throuch CA-6 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-93-538) - (AUTHORIZING REVOCABLE PERMIT Authorizing the City Manager to issue a revocable permit to _Cafe Tung Nan, in a form acceptable to the City Attorney, for the use of 750 square feet of space at 5508 N.W. 17 Avenue, Miami, Florida; said permittee to a or the use of the area a monthlyfee of 450 in substantial accordance with the terms an conditions contained in said revocable permit. CA-2. RESOLUTION - (J-93-535) - (AUTHORIZING TO EXECUTE AN AMENDMENT TO AGREEMENT) Authorizing the City Manager to execute an amendment to the December 10 1092 prolessional services agreement A reement" and between t o city of Mimi. a municipal corporation of the Sate of Florida "Cit " and A. foster Higains a Co. Inc. " onsu taut , in substantii'lly the attached orm, to assist the City in the preparation of policies related to the City's pension plans in an amount not to exceed 25.000; allocating funs therefor from the Pension Administration Trust Fund. PAGE 3 JULY 22, 199:3 R-93-470 M01rED PLUMMER SECONDED: DAWKINS ABSENT : ALONSO WI'EHDRAWN CONSENT AGENDA CONT'D CA-3. RESOLUTION - (J-93-508) - (ACCEPTING PLAT) Acceptiny the plat entitled Garlick Subdivision, a subdivision in the City of Miami, subject to all 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. CA-4. RESOLUTION - (J-93-518) - (ACCEPTING PLAT) Accepting the plat entitled Los Munizes Subdivision,, 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. CA-5. RESOLUTION - (J-93-507) o (ACCEPTING PLAT) Acce tine the plat entitled Perl Subdivision, a su6div on 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 Dade County, Florida. PAGE 4 JULY 22, 1993 R-93-471 MOVED SECONDED: ABSENT R-93-472 MOVED SECONDED: ABSENT R-93-473 MOVED SECONDED: ABSENT PLUMMER DAWKINS ALONSO PLUMMBR DAWKINS ALONSO PLUMMER DAWKINS ALONSO CONSENT AGENDA CONT'D CA-6. RESOLUTION - (J-93-534) - (ACCEPTING DONATION) Accepting a donation from Ba side Mar etP ace Rouse -Miami Inc. to beautify and maintain in perpetuitx. the area known as the Torch of Friendship, located between N.E. 3rd Street and N.E. 4th Street on the East Side of Biscayne Boulevard at an estimated value of 11,280 for the initial beautification, an 600 per month for maintenance; further authorizing the City Manager to execute any necessary documents, in a form acceptable to the City Attorney, to authorize work and accept said donation. END OF CONSENT AGENDA PAGE 5 JULY 22, 1993 R-93-474 MOVED : PLIJMMER SECONDED : DAWKINS ABSENT : ALONSO NOTE: 4. 5. Items 4 through 31 may be heard in the numbered sequence or as announced by the Commission. ORDINANCES - EMERGENCY EMERGENCY ORDINANCE - (J-93-374) 4 THS V TE (NOTE: This item is being presented on an emergency basis to insure that funds are available for the payment of expenses on projects now being considered for commission approval. If funding is delayed several of these programs will a unable to operate. Amending Ordinance No. 10021, adopted on July 18, 85, as amended, which established initial resources and initial appropriations or t e aw n orcement Trust Fun received and depositea pursuant to Ordinance No. 9257, adopted April 9, 1981, to provide for an increase in the amount of $955 122 as a result o a itiona monies eposited in said fund due to successful forfeiture actions; containing a repealer provision and severability clause. EMERGENCY ORDINANCE - (J-93-497) 4 THS VOTET- (NOTE: This item is being presented on an emergency basis to avoid unnecessary expenditures by stormwater utility customers seeking adjustments prior to a new fiscal year and on the grounds of urgent public need for preservation of the health, safety, welfare and property of the City of Miami.) Amending Chapter 53.6, entitled 'Stormwater", of tie Goode of the City Of Miami, Florida, as amenderby clarifying the standards and review criteria for adjustment of fees in Section - 26(b); and containing a repealer provision an a severability clause. ' PAGE 6 JULY 22, 1993 DEFERRED M-93-477 MOVED SECONDED NOES ON EMERGENCY 11076 MOVED SECONDED ABSENT DAWKINS PLUMMER SUAREZ ORDINANCE PLUMMER ALONSO DE YURRE 9 u 6. WITHDRAWN ORDINANCES - EMERGENCY CONT'D ORDINANCES - SECOND READING NOTE: Any proposed ordinance listed as an item for second reading on this section may be adopted as an emergency measure, upon being so determined by the City Commission. 7. SECOND READING ORDINANCE - (J-93-181) Amending Sections 2-75 and 2-76 of the Code of the City of Miami, Florida, as amended, which sections set the fees for zoni ng Certificates o7 Use an or ins ections and examinations of p7ans for compliance with the provisions of Ordinance No. 11000, the Zoning finance of the City of Miami, Florida, as amended, y ` adding and defining certain required fees to cover the cost o enforcement of the Zoning Ordinance of the City o Miami, Florida, and of the South Florida Building Code; further, amending Ordinance No. 11028 the Flood Damage Prevention Ordinance of the City Miami, Florida, adding new Section 18 to said Ordinance, thereby adding and deffin-inocertain required fees foapplications for waivers an variances from the provisions of said flood damage prevention ordinance; containing a repealer provision and a severability clause; providing for an effective date; and providing for inclusion in the City Code. Date First Reading: April 15, 1993 Moved : Comm Plummer Second : Cow Alonso Vote : Unanimous PAGE 7 JULY 22, 1993 ORDINANCE MOVED SECONDED UNANIMOUS 11077 PLUMMER DAWKINS u ORDINANCES - SECOND READING CONT'D 8. SECOND READING ORDINANCE - (J-93-188) Amending Section 5 of Ordinance No. 6145, adopted March 19, 1958, as amende�ich established fees for building, Plumbing.electrical. mechanical (including boiler and elevator) inspection. ermit and certificate ees by adding,. increaser and redefining re uired ees to cover the incroased cost for the enforcement of the South Florida Building Code; providing a procedure for future increases of said fees; containing a repealer provision, a severability clause and providing for an effective date. Date First Reading: April 15, 1993 Moved . Comm Alonso Second : Comm Plummer Vote : Unanimous 9. SECOND READING ORDINANCE - (J-93-272) Amending Article IV of Chapter 40 of the Code of the City of Miami, Florida, as amended, entitled "Pension and Retirement Plans", ' t ere y establis ing and creating Division III, Section 40-250, et seq., pursuant to Section 112.048 of the laws of the State of Florida: creatina a system of retirement for elected officials o have held an elective. office for the Cit o Miami, Florida, for a period of twent 0 or more consecutive vears, more particularly by adding new Sections 0-250, 40-251, 40-252, 40- 253, 40-254, 40-255;. 40-256, and 40457; containing a repealer provision and a severability clause and providing for an effective date. Date of First Reading: May 13, 1993 Moved : Comm Dawkins Second : Comm De Yurre (N) : Mayor Suarez Abstain : Comm Plummer PAGE 8 JULY 22, 1993 ORDINANCE 11078 MOVED : PLUMMER SECONDED : DE YURRE UNANIMOUS )EFERRED TO 3EPTEMBER 7, 1993 'LOVED : ALONSO SECONDED : DAWKINS ABSTAINED: PLUMMER 11 10. 11. ORDINANCES - SECOND READING CONT'D SECOND READING ORDINANCE - (J-93-269) Amendin the Code of the City of Miami, Florida, as amended, by amending Article IV of Chapter 40, entitled "Pension and Retirement Plans, Division 3. ity of Miami enera o ees and Sanitation Em to ees' Retirement Trust", t ere y: 1 providing for compliance with the Internal Revenue witfi-fioldingui a ines, as enacted y the ongress of the United States of America pursuant to unemalovment compensation amendments o , and (2) providing for cost of living allowances OLA ; more particularly by amending sections 39(I) and 40-240(A); containing a repealer provision, a severability clause, and providing for an effective date. Date of First Reading: May 13, 1993 Moved : Comm Plummer Second : Comm De Yurre Vote . Unanimous SECOND READING ORDINANCE - (J-93-274) Amending the Code of the City of Miami, Florida, as amended, by amending Article IV of Chapter 40, entitled "Pension and Retirement Plans, Division 2. City of Miami Fire Fi9 ifs'and Police Officers' Retirement Trustw, thereby rove �n or compliance with the Internal Revenue withholding guidelines, as enacted y the Congi of the United States of America ursuant to un2W12yEnt compensation amendments o ; more particularly y amending 5ection --- I); containing a repealer provision, a severabil'ity clause, and providing for an effective date. Date of First Reading: May 13, 1993 Moved : Comm Plummer Second : Comm Alonso Vote : Unanimous PAGE 9 JULY 22, 199:3 ORDINANCE MOVED SECONDED ABSENT 11073 ALONSO DAWK I NS DE YURRE ANJI SUAREZ Although absent during roH Call Mayor Suarez requested of the Clerk to be shown as being in agreement with the motion. ORDINANCE MOVED SECONDED ABSENT 11074 DAWK I NS ALONSO SUAREZ AND DE YURRE Although absent during roll call _ Mayor Suarez requested of the Clerk to be ,shown as being in agreement with the motion. q ORDINANCES - SECOND READING CONT-D 12. SECOND READING.ORDINANCE - (J-93-369) Establishing a new Special Revenue Fund Entitled: "Housing Opportunitir-es for Persons wit Ai s PNA grant program FY 1993)", an appropriating funds for the same in the amount of $4,697,00-0-fr—o-m--t-Fe U.S. Department of Housing an Urban Development, for the implementation an administration ` of the 1993 Housing Opportunities for Persons with Aids Program; containing a repealer provision and a severability clause. Date of First Reading: June 29, 1993 Moved : Comm Alonso Second : Comm Plummer Vote : Unanimous 13. SECOND READING ORDINANCE - (J-93-421) Relating to sidewalk cafes, by amending Chapter 54, Article VI, Sections -111 and 54-112 of the Code of the City of Miami, Florida, thereby retroactively-extendinQ to five (5) years the way er period for sidewalk ca a permit fee payments in Community_Development Target areas o the City; clarifying permit app ication fee payment; containing a repealer provision, a severability clause and providing for an effective date. Date of First Reading: June 29, 1993 Moved : Comm Alonso Second : Comm Plummer Vote : Unanimous ORDINANCES - FIRST READING NOTE: Any proposed ordinance listed as an item for first reading on this section may be adopted as an emergency measure, upon being so determined by the City Commission. 14. FIRST READING ORDINANCE - (J-93-318) Amending Section 2-75 Miami, as amended, eavment penalty for tl of the Code of the C therebv assessing a of fee; containing a repealer provision and a severability clause. PAGE 10 JULY 22, 1993 (ORDINANCE MOVED SECONDED SECONDED : ABSENT 11075 DE YURRE CONTINUED TO SECOND MEETING IN SEPTEMBER MOVED : ALONSO SECONDED : DAWKINS UNANIMOUS TIRST READING 1OVED : ALONSO SECONDED : PLUMMER JNANIMOUS C 15. 16. 17. FIRST READING ORDINANCE - (J43-382) Amending Sections 12-3 and 31-35 of the Code of t e City of Miami, Florida, as amended, to conform with Florida Statutes 849.15 - 849.23, and to reauire a sworn a idavit from _owners of amusement vending machines to the effect that such machines are not un a u in accordance with said statutes; containing a repealer provision and a severability clause. FIRST READING ORDINANCE - (J-93-348) Amendin Section 18-52.1(h) of the Code of the City of Miami, Florida, as amended, to adopt a procurement procedure implementing . the local preference provision of Section 29-A of the Charter of the City of Miami, Florida, as amended, thereby authorizing that when a low bid is received from a non -local vendor when contracting o�oersonal property. public_ works or improvements, the Lity Lomw lsslon ■a oTTer Lv a res onsible and responsive local bidder the opportunity of accepting a contract at the ow 9 amountprovided that the original bid rom t e local vendor does not exceed 110 percent of the ow bid; containing a repealer provision, severability clause, and providing, for an effective date. FIRST READING ORDINANCE - (J-93-311) Amendin Ordinance No. .10764, adopted July 12, 1990, which created a Coconut Grove Special Events District bounded on the north by Oak Avenue, on the south by the shoreline of Biscayne Bay, on the East by Mary Street and Kenneth Myers Park, and on the west by McDonald Street, Commodore Plaza and Peacock Park, by redefining the boundaries to include Grand Avenue from McDonald street an Coweo ore Plaza on the East to South Dixie Hi hwa on the west into the Coconut Grove Special Events District; providing for a repealer provision, severability clause and for inclusion in the City Code. PAGE 11 JULY 22, 199:3 FIRST READING MOVED : ALONSO SECONDED : PLIJMMER UNANIMOUS FIRST READING MOVED : DAWKINS SECONDED : ALONSO UNANIMOUS I THDRAWN 0 FIRST READING ORDINANCE CONT'D 18. WITHDRAWN 19. 20. 21. WITHDRAWN RESOLUTIONS Office of Cable Communications Division/C2Muters RESOLUTION - (J-93-367) - (EXPRESSING INTENT) . Expressing_ the intent of the City of Miami to adopt and administer Cable Television reoulations with respect to the rates for the basic service tier that are consistent with the regulations prescribed by the Federal Communications Commission for regulation of the basic service tier. Department of Community Development RESOLUTION - (J-93-446) - (AUTHORIZING TO ENTER INTO CONTRACT) Authorizina the Citv Mananer to enter intn a Inc. revo auunInIsLUaLItCrOUgUne30, 1994 ra"' Ln,�from th TVU lvJ@ 1, 1993, nineteenth (19th) year Community Development Block Grant Fund. PAGE 12 a JULY 22, 1993 R-93-479 MOVED : ALONSO SECONDED.: DE YURRE UNANIMOUS —93-480 AS MODIFIED) OVED : ALONSO ECONDED : PLUMMER OES : DAWKINS RESOLUTIONS CONT'D Downtown Development Authority 22. RESOLUTION - (J-93-481) - (CONFIRMING REAPPOINTMENTS) Confirming the reappointments of Philip Blumberg, Mike Brazlaysky, Marwin Cassel, Adolfo Henriques, S. Lawrence Kahn, III, Rafael Kapustin, Antonio Marina, H. Leland Taylor and Phillip Yaffa to the Board of Directors of the Downtown Development Aut ority of the City of Miami, Florida, or terms expiring June 30 1997 res ectivelfurther, confirming the appointments of Sergio Rok and Robert H. Traurig to the Board of Directors of the Downtown Development Authority of the City of Miami, Florida for terms expiring June 30, 1997, respectively. Department of Finance 23. RESOLUTION - (J-93-506) - (AUTHORIZING ISSUANCE OF REFUNDING BONDS) Authorizing the issuance of the Cit 's General Obli ation Refundinq Bonds series 1993 in t e aqqreqate principal amount not to excee 32 000�000 for the purpose of advance refunding all or a portion of the Cit s 10 000 000 Genera Ob i ation Bondsdated August 1 L 1987 18.400.000 General Ob ioation Bonds dat novemoer 1 lists 1 anQ 41U,UUU,UW denrr61 Obli ation Bonds dated July 1 1991; f ixing certain details of said bonds, including their form; providing that such bonds shall constitute general obligations of the City and that the full, faith credit and taxing power of the City shall be irrevocably pledged for the payment of the principal of and interest on such bonds; agreeing to comply with certain tax requirements; directing and authorizing sale of the bonds by a negotiated sale; making certain covenants and 'agreements; approving the use of bond insurance as requested by the purchaser or determined by the City to be desirable; approving the form of and authorizing the execution of a bond purchase agreement and escrow deposit agreement; authorizing the City Manager or the Mayor or their respective designees to award the sale of the bonds and to designate an escrow agent, paying agent and bond registrar; approving the conditions and criteria of such sale; approving the form of a preliminary official statement and official statement; authorizing certain officials and employees of the City to take all actions required in connection with the issuance of said bonds; and providing an effective J-i- PAGE 13 JULY 22, 1993 DEFERRED MOVED SECONDED UNANIMOUS R-93-481 MOVED SECONDED UNANIMOUS PLUMMER ALONSO ALONSO DE YURRE RESOLUTIONS CONT'D Department of General Services Administration and 24. RESOLUTION - (J-93-503) - (RATIFYING, APPROVING AND CONFIRMING CONTRACT) Ratifying, approving and confirming the City Manager's action in awarding --to D. Stephenson Construction Inc. the amount o 616 546.65 or the furnishing of various sized trucks and a loaders with rakes and buckets. inc u in ue maintenance and operators, to load hurricane debris from Citv rights-o -wav and transport ,t to Lne vir inia Key raci m , for the Department of General Services Administration and Solid Waste; allocating funds therefor from F.E.M.A. DSR #89807. - Office of Labor Relations 25. RESOLUTION - (J-93-495) - (ACCEPTING PROPOSAL AND ENTER INTO AN AGREEMENT AT NO COST TO THE CITY) Acce tin the proposal of Midwest Lg al Services Inc. "Midwest") for the purpose of providing a prepaid le al servicesplan to a roximate 300 of the City of Miami's full-time, non -union employees at no cost to the City; further authorizing the City Manager to enter into an agreement, in substantially the attached form, with Midwest for .said purpose. 26. WITHDRAWN Department of Public Works 27. RESOLUTION - (J-93-521) - (AUTHORIZING AN AGREEMENT Authorizing the City Manager to execute an easement agreement, in substantially the orm attached hereto , between Metropolitan Dade Count (The "County") an t o Cot of Mi (The "City" thereby granting a non-exclusive easement to the County for a twelve inch sewage force main, a twenty-four inch sewage force main and a one hundred and two inch sewage force main on, real property legally described on Exhibit "A" to the easement agreement, and in addition a one hundred and two-inch sewage force main on the real property legally described on Exhibit "B" to the easement agreement. PAGE 14 JULY 22, 1993 R-93-482 MOVED : DE YURRE SECONDED : ALONSO UNANIMOUS R-93-483 MOVED DAWKINS SECONDED PLUMMER UNANIMOUS R-93-475 (AS.MODIFIED) MOVED : DAWKINS SECONDED : ALONSO UNANIMOUS M r 28. NOTE: 29. WITHDRAWN RESOLUTIONS CONT'D COMMISSION DISCUSSION ITEMS Legislation may result from City Commission consideration of any Commission Discussion Items. 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 utters not specifically set forth in this section. It is anticipated that no input from anyone other than 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. Discussion regarding Roy Black, Esq. legal fees. PAGE 15 JULY 22, 1993 DISCUSSED 30. Discussion regarding Dade County Local Option Gas R-93-4 84 Tax. MOVED SECONDED 31. Discussion regarding an update of the Orange Bowl UNkNIMOUS compliance with ADA regulations. WITHDRAWN PI"UMMER DIE YURRE PUBLIC HEARING ITEMS 3:30 PM 32. RESOLUTION - (J-93-335) - (APPROVING SUBMITTAL TO THE ELECTORATE OF PROPOSED CHARTER AMENDMENT) Approving, setting forth and submitting to the electorate a proposed Charter Amendment, amending the Charter of the Citv of Miami, Florida, as amended, known as t;narter Amenament no.i, to authorize the City Commission to waive competitive id ing in connection with eases of City -owns waterfront property with non-profit, non- commercial, water -dependent organizations which provide or seek to provide marine -recreations services and/or activities, provi ed certain conditions are met pertaining to ub is purpose, community service, public _access, waterfront set back and view -corridor requirements, Tair return to the Cit and compliance with the master plan, and with the requirements prescribed by ordinance for organizations using City -owned facilities• more particularly by adding new Section 29-D to said Charter; calling and providing for a Specie Municipal Election to be held November 2, 1993, for the purpose of submitting Charter Amendment No.l to the electorate at said election; designating and appointing the City Clerk as the official representative of the City Commission with respect to the use of voter registration books and records; further, directing the City Clerk to cause a certified copy of the herein resolution to be delivered to the supervisor of elections -'of Metropolitan Dade County, Florida, not less than 45 days prior to the date of such special Municipal Election. PAGE 16 JULY 22, 1993 R-93-485 (AS MODIFIED) MOVED : ALONSO SECONDED : SUAREZ ABSENT : DE YURRE Although absent during roll call Comm. De Yurre requested of the Clerk to be shown as being in agreement with the motion. PAGE 17 ` JULY 22, 1993 PUBLIC HEARING ITEMS CONT'D 4:00 PM 33. RESOLUTION - (J-93-401) - (RATIFYING CITY MANAGER'S ACTION) (4/5THS VOTE) Ratifying the City Manager's finding of sole R-9 3-4 87 source; waiving the requirements for competitive (AS MODIFIED) sealed bid_ s and approving the acquisition of Xgen MOVED PLUMMER Software and support services from Jacksonville SECONDED DAWKINS Software, the sole source provider for this UNANIMOUS .. service at a proposed first year cost of 13 500.00 for the Department of Management and Budget, Computer Division; allocating funds therefor from the FY' 93 Department of Management and Budget Computer Division Budget, Account Code No. 460401-670, and authorizing the City Manager to instruct the Chief Procurement Officer to issue a purchase order for said acquisition and thereafter to extend the annual support maintenance in accordance with the terms and conditions as set forth in the contract, in a form acceptable to the City Attorney, and subject to the availability of funds. 4:15 PM 34. RESOLUTION - (J-93-411) - (AUTHORIZING RESTRICTION OF VEHICULAR ACCESS) Authorizing and permitting the restriction of -93-486 vehicular access to certain streets in the Bay (AS MODIFIED) Hei hts and Natoma Manor nei hborhoods in the City MOVED DE YURR of Miami, F on da, in accordance with plan ��A��and SECONDED DAWKINS plan "B" as attached hereto, for a trial basis of NOES SUAREZ ninety (90) days for each plan, subject to City Commission review and .provisions as contained herein. 4:45 PM 35. RESOLUTION - (J-93-537) - (AUTHORIZING RESTRICTION OF VEHICULAR ACCESS) Authorizing and permitting the restriction of-93-488 vehicular access to certain streets in the Coral AS MODIFIED) Gate NeigBorWood" in the City of Miami, Florida, OVED : ALONSO i n accordance with Plan "A" , on a ninety (90) day ECONDED : DE YURR: trial basis, subject to City Commission review and IOES : SUAREZ provisions contained herein. ND OF PUBLIC HEARING ITEMS PART B - PUBLIC HEARINGS THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 5:00 PM ITEM PZ 1 RESOLUTION - [J-93-483(a) B J-93-483(b)] REQUEST Appeal of Zoning Board's Decision LOCATION 2025 SW 5 Avenue APPLICANT(S): George J. Falcon APPELLANT(S): Mike Karaty, Jr./Miami-Roads Neighborhood Civic Asso., Inc. AGENT(S) N/A RECOMMENDATIONS: PLANNING, BLDG 8 ZONING: Denial of Variance. PLANNING ADVISORY BOARD: N/A HISTORIC PRESERVATION BOARD: N/A PLAT 8 STREET COMMITTEE: N/A ZONING BOARD: Granted for 12 no. in which a bldg. permit must be obtained. Vote: 6-3 COMMENTS: Appeal of the decision of the Zoning Board. The Zoning Board granted a Varidnce from 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, Permitted Principal Uses, to allow a front yard setback of 11.2' (20'-01, required) for a proposed car garage to an existing single family residence. Page 18 July 22, 1993 APPEAL GRANTED R-93-489 MOVED : DE YURRI SECONDED : SUAREZ UNANIMOUS n ITEM PZ 2 RESOLUTION - [J-93-404(a) & J-93-404(b)] REQUEST Special -Exception Requiring City Commission Approval LOCATION East Side (E.S.) Biscayne Boulevard between N.E. 6 Street and N.E. 9 Street APPLICANT(S): City of Miami Public Works Department APPELLANT(S): N/A AGENTS) : N/A RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: N/A HISTORIC PRESERVATION BOARD: N/A PLAT 6 STREET COMMITTEE: N/A ZONING BOARD: Approval. Vote: 9-0 COMMENTS: Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4 Schedule of District Regulations, PR Parks, Recreation and Open Space, Conditional Accessory Uses, to permit a helistop with City Commission approval. Page 19 July 22, 1993 CONTINUED TO SEIPTEMBER 211, 1993 MOVED : DAWKINS SECONDED : PLUMMER UNANIMOUS NOTES: CONTINUED FROM CC 6/29/93 ITEM PZ 3 RESOLUTION - (J-93-509) REQUEST Street Vacation and Closure LOCATION NW 15 Avenue and NW 6 Street APPLICANT(S): City of Miami Public Works Department APPELLANT(S): N/A AGENT(S) : N/A RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: N/A HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: Approval subject to P & S ZONING BOARD: Granted for 12 mo. subject to conditions of the P & S Vote: 6-3 Committee. COMMENTS: Official vacation and closure of N.W. 15 Avenue from N.W 6 Street to N.W. 7 Street and N.W 6 Street from a point 100 feet East of the easterly right-of-way line of N.W. 16 Avenue to the westerly right-of-way line of N.W. 14 Avenue as provided in Miami City Code Section 54.5-16 and as a condition of Tentative Plat No. 1435, "NEW ORANGE BOWL SUBDIVISION% subject to the requirements of the Plat and Street Committee. Page 20 July 22, .1993 R-93-490 MOVED SECONDED UNANIMOUS : DAWKINS PLUMMER r ITEM PZ 4 SECOND READING ORDINANCE - (J-93-252) REQUEST : To amend Zoning Ordinance No. 11000 Text LOCATION : N/A APPLICANT(S): City of Miami Planning, Building and Zoning APPtLLANT(S): N/A AGENTS) : N/A RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: Approval subject to conditions. Vote: 6-2 HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD: N/A COMMENTS: Consideration of amendin Articles 4, 6, 9, 13, 17, 19, 22 and 25 of Zon?ng Ordinance No. 11000 in order to add, delete and clarify language throughout the ordinance for the purpose of updating and simplifying its administration. NOTES: CONTINUED FROM CC 4 15/93. APPROVED ON FIRST READING 5/27/93, MOVED: PLUMMER, SECOND: DAWKINS$ UNANIMOUS. CONTINUED FROM CC 6/29/93 Page 21 July 22, 1993 ORDINANCE M017ED SECONDED UNANIMOUS 11079 : DAWKINS : ALONSO ITEM PZ 5 FIRST READING ORDINANCE - (J-93-517) REQUEST To amend Chapter 62 of the Code of the City of Miami LOCATION : N/A APPLICANT(S): City of Miami Planning, Building and Zoning APPELLANT(S): N/A AGENT(S) : N/A RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: Approval. Vote: 9-0 HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD: N/A COWENTS: Consideration of amending Chapter 62, Section 62-52 of the City Code to allow sift (6) absences _ instead of five (5) prior to removal of members from the Planning Advisory Board. Page 22 Ju y 22, 1993 FIRST READING MOVED DAWK.INS SECONDED PLUMMER UNANIMOUS ITEM PZ 6 FIRST READING ORDINANCE - (J-93-429) REQUEST : To amend Zoning Ordinance No. 11000 Text LOCATION SD-2 Coconut Grove Central Commercial Zoning District and SD-17 South Bayshore Drive Overlay District APPLICANT(S): City of Miami Planning, Building and Zoning APPELLANT(S): N/A AGENT(S) : N/A RECOMMENDATIONS: PLANNING, BLDG & ZONING: Denial. PLANNING ADVISORY BOARD: Approval. Vote: 6-0 HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD: N/A COMMENTS: Consideration of amending the tent of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 602 and Section 617 to add and clarify parking requirements for new construction on properties of one-half acre or less in the SD-2 Coconut Grove Central Commercial District and the SD-17 South Bayshore Drive Overlay District. Page 23 July 22, 1993 FIRST READING (AS MODIFIED) MO`TED : DE YURRE SECONDED : DAWKINS. UNANIMOUS NOTES: CONTINUED FROM CC 6/29/93 THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 6:00 PM ITEM PZ 7 A RESOLUTION - (J-93-520) REQUEST : Coconut Grove Planning Study LOCATION : Coconut Grove area, bounded by Biscayne Bay to the SE, Rickenbacker Csy. and Federal Hwy. to the NE, S. Dixie Highway (US 1) to the NW and the City limits on the W and S APPLICANT(S): City of Miami Planning, Building and Zoning APPELLANT(S): N/A AGENTS) : N/A RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval (Preferred). PLANNING ADVISORY BOARD: N/A Vote: N/A HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD: N/A COMMENTS: Consideration of designating as a Category "B" Project the acquisition of planning services for the Coconut Grove Planning Study, authorizing the City Manager to advertise for the required professional planning services through a Request for Qualifications; appointing a Certification Committee of not less than three professionals qualified .in the fields of endeavor or practice involved in the project from the City's staff; appointing Sergio Rodriguez, Assistant City Manager, as Chairman of the Competitive Selection Committee, all in accordance with City of Miami Ord. No. 9572 and City of Miami Code Sec. 18-52.3. NOTES: THIS ITEM IS A COMPANION TO PZ-78 & PZ-8 Page 24 July 22, 1993 CONTINUED M-93-491 MOVED , SECONDED: NOES , BY DE YURRE DAWKINS ALONSO AND SUAREZ ITEM PZ 1B RESOLUTION - W-93-356) REQUEST : Coconut Grove Planning Study LOCATION Coconut Grove area, bounded by Biscayne Bay to the SE, Rickenbacker Csy. and Federal Hwy. to the NE, S. Dixie Highway (US 1) to the NW and the City limits on the W and S APPLICANT(S): City of Miami Planning, Building and Zoning APPELLANT(S): N/A AGENTS) : N/A RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval (Acceptable). PLANNING ADVISORY BOARD: N/A HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD: N/A COMMENTS: Ratifying Motion 93-211, passed March 25, 1993, and agreeing, in principle, to enter into an agreement with the Cocoanut Grove Village Council for the preparation of the Coconut Grove Planning Study; directing the preparation of said agreement, in a form acceptable to the City Attorney; and setting forth certain provisions to be included in the agreement, which shall be subject to City'Commission review and approval prior to submission to the Cocoanut Grove Village Council. Page 25 July 22, 1993 CONTINUED BY M-93-491 MOVED : DE YURRE SECONDED D.AWKINS NOES ALONSO AND SUAREZ NOTES: THIS ITEM IS A COMPANION TO PZ-1A 1 PZ-8 ITEM PZ 8 FIRST READING ORDINANCE - (J-93-351) REQUEST An Ordinance declaring a Moratorium on development activity in the Coconut Grove Area. LOCATION Coconut Grove area, bounded by Biscayne Bay to the SE, Rickenbacker Csy. and Federal Hwy. to the NE, S. Dixie Highway (US 1) to the NW and the City limits on the W and S APPLICANT(S): City of Miami Planning, Building and Zoning APPELLANT(S): N/A AGENTS) : N/A RECOMMENDATIONS: PLANNING, SLOG & ZONING: Approval. PLANNING ADVISORY BOARD: Approval. Vote: 6-0 HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD: N/A COMMENTS: Consideration ofadopting an Ordinance which declares a moratorium, with exceptions, on the application for, and the issuance of building permits, special permits, land use and zoning changes, in the Coconut Grove area, more particularly described as the area generally bounded by Biscayne Bay to the southeast , the Rickenbacker Causeway and Federal Highway to the northeast, South Dixie Highway to the northwest, and the City Limits to the south and west; providing for intent; making findings; and establishing a duration not to exceed eighteen (18) months from the effective date of this ordinance. NOTES: CONTINUED FROM CC 3/27/93. THIS ITEM IS A crOPaaTON TO PZ-7A t PIZ-7B Page 26 July 22, 1993 CONTINUED M-93-491 MOVED SECONDED NOES : DE YURRE : DAWKINS : SUAREZ AND ALONSO ITEM PZ 9 RESOLUTION - (J-93-337) REQUEST To request the amendment and modification of a Zoning Covenant Running with the Land LOCATION SE corner of SW 27 Avenue and Coral Way (SW 22 Street). APPLICANT(S): Alena Coral Way Properties, Inc. APPELLANT(S): N/A AGENT(S) : Ben J. Fernandez, Esq. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval subject to conditions. PLANNING ADVISORY BOARD: N/A HISTORIC PRESERVA'ION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD: N/A COMMENTS: To amend and modify a "Zoning Covenant Running with the Land" which is recorded in Official Records Book 12461 at Pages 510-521, for a property located at the SE corner of SW 27 Avenue and Coral Way (SW 22 Street) which relates to a 1984 zoning application requested by the then applicant, Coral Way Properties. Page 27 July 22, 1993 CONTINUED BY M-93-502 MOVED : P]LUMMER SECONDED : DAWKINS NOES : SUAREZ NOTES: THIS ITEM IS A COMPANION TO PZ-10 ITEM PZ 10 RESOLUTION - (J-93-519) REQUEST To request prohibited access to a) SW 22 Terr 100' E of SW 27 Ave. and b) SW 25 Ave. 100' S of Coral Way (SW 22 St) per Sec. 54.17 of the City Code LOCATION SE corner of SW 27 Avenue and Coral Way (SW 22 Street) APPLICANT(S): Alena Coral Way Properties, Inc. APPELLANT(S): N/A AGENT(S) : Ben J. Fernandez, Esq. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Denial. PLANNING ADVISORY BOARD: N/A HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD: N/A COMMENTS: Consideration of a request to prohibit access to certain streets per Section 54.17 of the City Code, to amend and modify a "Zoning Covenant Running with the Land" which is recorded in Official Records Book 12461 at Pages 510-521, for a property located at the SE corner of SW 27 Avenue and Coral Way (SW 22 Street) which relates to.a 1984 zoning application requested by the then applicant, Coral Way Properties. Page 28 July 22, 1993 CONTINUED TO SECOND MEETING IN SEPTEMBER MOVED : DAWKINS SECONDED : PLUMMER UNANIMOUS i NOTES: THIS ITEM IS A COMPANION TO PZ-9 SUPPLEMENTAL AGENDA PRESENTATIONS Commission Meeting = July 22, 1993 PRESENTED Proclamation to: Dia de Maria Luisa Bonafonte. For her outstanding performances as a woman athlete in yesteryear's Cuba. PRESENTED Commendation to: Jose Rilo. For his relief efforts in helping to clean debris in our city after Hurricane Andrew, as well as for his commitment to the betterment of fliami. PRESENTED Certificates of Appreciation to: The Staff of the NET offices in: Allapattah; Coconut Grove; Coral Way; Downtown; Wynwood/Edgewater; Upper Eastside; Flagami; Model City; Little Havana; Little Haiti and Overtown. For their relief efforts and help during the Hurricane Andrew aftermath. PRESENTED Certificates of Appreciation to: Bernard Pottier, George Fitts and Arthur Davis. For their commitment towards the youth in our community as well as their endeavors on behalf of improving neighborhood harmony in our midst. SUPPLEMENTAL AGENDA PRESENTATIONS Commission Meeting = July 22, 1993 PRESENTED Proclamation to: Dia de Maria Luisa Bonafonte. For her outstanding performances as a woman•athlete in yesteryear's Cuba. PRESENTED Commendation to: Jose Rilo. For his relief efforts in helping to clean debris in our city after Hurricane Andrew, as well as for his commitment to the betterment of Hiami. PRESENTED Certificates of Appreciation to: The Staff of the NET offices in: Allapattah; Coconut Grove; Coral Way; Downtown; Wynwood/Edgewater; Upper Eastside; Flagami; Model City; Little Havana; Little Haiti and Overtown. For their relief efforts and help during the Hurricane Andrew aftermath. PRESENTED Certificates or Appreciation to: Bernard Pottier, George Fitts and Arthur Davis. For their commitment towards the youth in our community as well as their endeavors on behalf of improving neighborhood harmony in our midst.