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Home My WebLink AboutCC 1992-05-28 Marked AgendaMAYOR VICE MAYOR COMMISSIONER COMMISSIONER COMMISSIONER XAVIER L AEZ DR. MIRIAM ALONSO MILLER J. DAWKINS VICTOR H. DE YURRE J.L. PLUMMER, JR. Of it t F e�rell tut1, ' co. vv CITY MANAGER CESAR H. ODIO CITY COMMISSION AGENDA MEETING DATE: MAY 28, 1992 CITY HALL 3500 PAN AMERICAN DRIVE CITY ORDINANCE NO. 10087, ADOPTED MARCH 18, 1986, AS AMENDED, GENERALLY REQUIRES ALL PERSONS APPEARING IN A PAID_ 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. * * 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 TINE THE ITEM IS HEARD, THAT PERSON SHOULD APPROACH THE MICROPHONE AND BAIT 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 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) FOR MOTIONS AND RESOLUTIONS WHICH DO NOT APPEAL IN THIS PRINTED AGENDA. KINDLY REFER TO THE CITY CLERK'S REPORT, ATTACHED HERETO. v - 0 PART 'A': NON -PLANNING A ZONING ITEMS BEGINNING AFTER 9:00 AN: ITEMS 1 THROUGH 9 PART •B": PLANNING 8 ZONING ITEMS BEGINNING AFTER 5:00 PM: ITEMS PZ-1 THROUGH PZ-4 PART A 9:00 AN INVOCATION AND PLEDGE OF ALLEGIANCE A. PRESENTATIONS & PROCLAMATIONS RESOLUTIONS 1. RESOLUTION - (J-92-407) - (DELEGATING AUTHORITY TO CITY MANAGER) Dele a ing to the City Manager the Cit 's authority to waive all wa vab a fees related to special evens and festivals held in the Citv o Miami in those instances where no cost is incurred b the Cif► as a result of said fee waiver,, an directing the City Manager to exercise said authority; further directing the City Attorney to prepare the appropriate enabling legislation to effectuate said delegation of authority. PAGE 2 MAY 28, 1992 DELIVERED NONE WITHDRAWN f . V RESOLUTIONS CONT'D Department of Development and Housing Conservation 2. RESOLUTION - (J-92-315) - (MAKING A LEGISLATIVE FINDIN Making a le isiative findin that the Center for Health Technologies, Inc., the enter , a not - for -profit Florida corporation, established by the Florida Legislature pursuant to Section 381.0404, ;'-lorida Statutes, and recognized under 501(c)(3) of the Internal Revenue Code as a publicly supported organization will be Implementing a project of a governmental insErumentality in its proposed use and development of City -owned property and is therefore exempt from the c etitive bidding requirements set fort n Section 29-B of the CityCharter; further authorizing the City Manager to execute a lease agreement, in substantially the attached form, with the Center for the use of a portion of the Municipal Justice Building, ocated at 1145 NW 11 'Street, Miami, lorida, for a term of five (5) ears at an annual rent of one doTTar ($i.00j; further providing in said ease that if-derin the initial term the Center secures funds sufficient for the development of the property, the City Manager my modify said lease to expand the lease property to include the entire Municipal Justice Building Property, and extend the term of said lease fora length of time commensurate with the requirements of said financing; further providing that, subject to approval by the City Commission, said modifications shall be granted by the City Manager upon the Center providing evidence of having secured said financing and at which time the Center shall pay to the City, as annual rent, an amount equivalent to the real estate taxes assessed on the land value, in lieu of real estate taxes. (This item was continued from the meeting of May 14, 1992.) PAGE 3 MAY 28, 1992 R-92-354 (AS MODIFIED) MOVED : PLUMMER SECONDED: ALONSO ABSENT : DE YURRE ---------------------- SEE RELATED M-92-343 MOVED PLUMMER SECONDED: DAWKINS ABSENT : DE YURRE RESOLUTIONS CONT'D 3. RESOLUTION - (J-92-332) - (APPROVING BUDGET) Approving the attached Fiscal Year 1991-92 budget for the Sou heast OvertowT rk West Redeve oomment District Tax Increment Trust Fund; instructing the City Manager to seek approval_ of said budget by Metropolitan Dade Count►. (This item was continued from themeeting of May 14, 1992.) Department of Parks and Recreation 4. RESOLUTION - (J-92-388) - (ACCEPTING BIDS) Accepting the bids of J. Balsera School Bus Service a Hispanic Miami vendor n the amount of 29 0.00 and Manolo School Bus Service a Hispanic Dade County vendor in the amount of $5,220.00 for the furnishing of bus transportat on for the 1992 Recreation Sumner Program to the Parks and Recreation Department for a total proposed cost of $34 580.00; allocating funds therefor from the 1992 Operating Budget Account Code No. 580301-530 ($22,605.00) and Account Code No. 580211-530 ($11,975.00); authorizing the City Manager to instruct the Chief Procurement Officer to issue purchase orders for this service. Department of Police 5. RESOLUTION - (J-92-389) - (AUTHORIZING FUNDING) , Authorizing the funding of the Downtown Miami Information officers Program and allocating funds therefor, in the amount of $20,000, from the Law Enforcemen rust Fund, such costs having been �> approved by the Chief of Police. PAGE 4 MAY 28, 1992 R-92-346 MOVED PLUMMER SECONDED: DAWKINS ABSENT : DE YURRE R-92-347 MOVED SECONDED: ABSENT . PLUMMER DAWKINS DE YURRE R-92-349 MOVED PLUMMER SECONDED: ALONSO ABSENT : DE YURRE 0 BOARDS AND COMMITTEES 6. RESOLUTION - (J-92-357) - (APPOINTING MEMBER) Appointingan individual as one of the City of Miami's representatives' totheIir a r�bade County �Biscayne BM Shoreline Development Review committee; and directing the City Manager to instruct the Director of the Planning, Building and Zoning Department to transmit a copy of this Resolution to the herein named agencies. END OF BOARDS AND COMMITTEES 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 City personnel is needed or expected while the City Commission is considering any matter in this portion of the Agenda; accordingly, no mwber of the public may address the City Commission during this time. 7. As per Commission directive at its meeting of May 14, 1992, discussion concerning Governor Chiles' tax proposal. D DF COMIS3167ND U PAGE 5 MAY 28, 1992 DEFERRED R-92-350 MOVED SECONDED: ABSENT . PLUMMER DAWKINS ALONSO AND DE YURRE PERStIM APPEARANCES NOTE: Legislation may result from City Commission consideration of any Personal Appearance. 8. As per request received at Mayor Suarez' office, Ms. Leslie Cooper, Principal of St. Francis Xavier chool, to discuss the POSSibi-Fity of codesignating NW 4th Avenue as St. Francis Xavier Ill G11YG• 9. Mr. Sam Verdeja, Vice President- of Community Relations and Marketing Services for the Miami Herald Publishing wpan to request co - PAGE 6 MAY 28, 1992 M-92-351 MOVED ALONSO SECONDED: PLUMMER ABSENT : DE YURRE M-92-352 MOVED PLUMMER SECONDED: ALONSO sponsorship of Pops by the Bay concert series NOES : DAWKINS `— scheduled for July, 1992. ABSENT : DE YURRE NO OF PERSONAL APPEARANCES i - i - t =s _ i = -i J 3 PART B PUBLIC HEARINGS AFTER 5:00 PH ITEM: PZ-1 RESOLUTION - [J-92-358(a) & J-92-358(b)] REQUEST: Appeal of Temporary Variance granted by the Zoning Board LOCATION: 2638 SW 28 Lane OWNER/APPLICANT: Janyce Robins, Pres. & Robert Granoff A. Vicky Leiva, Esq APPELLANT: James G. Robertson Jack R. Rice, Jr, Esq RECOMMENDATIONS PLANNING, BLDG & ZONING: Denial ZONING BOARD: Approved (7/2) COMMENTS: Appeal Zoning Board's decision to grant a temporary variance to waive 5 of 5 required off street parking spaces for the existing commercial business. This temporary variance has a time limitation of six (6) months and if the solution is not found, the applicant will have to come back to the Zoning Board within the six (6) month period. PAGE 7 MAY 28, 1992 DISCUSSED AND ULTIMATELY CONTINUED TO JUNE 11,1992 = M-92-363 i MOVED PLUMMER SECONDED: ALONSO UNANIMOUS n ITEM: PZ-2 RESOLUTION - [J-92-349(a) b J-92-349(b)] REQUEST: Appeal of Variance denied by the Zoning Board LOCATION: 1240 NW 33 Avenue OWNERIAPPELLANT: Verenita Morin Benigno R. Pereda, Agent RECOMMENDATIONS PLANNING, BLDG & ZONING: Denial ZONING BOARD: Denied (8/0) COMMENTS: Appeal Zoning Board's decision to deny the variance to allow a rear yard setback of 6.3' (20' -0' required) to the existing second unit of a duplex residence. ITEM: PZ-3 FIRST READING ORDINANCE - (J-92-305) REQUEST: To amend Zoning Ordinance No. 11000 Text Consideration of amending Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida by amending Article 4, Zoning Districts, C-1 Restricted Commercial and Article 9 General and Supplementary Regulations, Section 937 Adult Entertainment and Adult Services to provide an exception for the sale or lease of adult entertainment material by a store as a permitted accessory use in the C-1 district if limited in floor space and concealed from view of the general public, and by amending Article 25 Definitions, Section 2502, to reference the exception and define adult entertainment material. APPLICANT: Planning, Building b Zoning Dept RECOMMENDATIONS PLANNING, BLDG 6 ZONING: Approval PLANNING ADVISORY BD: Denial (7/2) 7 PAGE 8 MAY 28, 1992 APPEAL GRANTED (ZONING BOARD'S DECISION REVERSED) R-92-360 MOVED ALONSO SECONDED: PLUMMER ABSENT : DE YURRE DEFERRED AND REFERRED TO ADMINISTRATION M-92-361 MOVED PLUMMER SECONDED: DAWKINS UNANIMOUS PAGE 9 MAY 28, 1992 ITEM: PZ-4 RESOLUTION - (J-92-359) CONTINUED TO REQUEST: Landscaping Beautification Master Plan JUNE 11, 1992 MOVED : PLONMER LOCATION: Biscayne Boulevard from NE 48 Street to NE SECONDED: ALNSO 87 Street ABSENT DE YURRE COMMENTS: At its meeting of February 18, 1992, the City Commission adopted Motion 92-140_ directing the City Commission to instruct the Department of Public Works to do an inventory of the requisite number of trees missing and prospective location of trees needed. b —i -j 1 �l i ,i i �E i i