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HomeMy WebLinkAboutCC 1991-10-24 Marked AgendaMAYOR VICE MAYOR COMMISSIONER COMMISSIONER COMMISSIONER s XAVIER L. SUAREZ J.L. PLUMMER, )R. DR. MIRIAM ALONSO MILLER J. DAWKINS VICTOR H. DE YURRE 1,7 INCO71RATE)B* F 0 CITY MANAGER CESAR H. ODIO CITY COMMISSION AGENDA MEETING DATE: October 24, 1991 CITY HALL 3500 PAN AMERICAN DRIVE CITY ORDINANCE NO. 10087, ADOPTED MARCH 18, 1986, AS AMENDED, GENERALLY REQUIRES ALL PERSONS APPEARING IN A PAID R REM, JNERATED 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 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 ON THIS AGENDA 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 Commission meetings will adjourn at the conclusion of deliberations on the agenda item being considered at 9:00 PM. (Resolution No. 87-115) * * This meeting shall convene at 2:00 PM FOR NOTIONS AND RESOLUTIONS WHICH DO NOT APPEAR IN THIS PWNTE0 AGENDA. KINDLY RVER TO THI CITY CL13WS )T>fp+ORT. ATTACHED iIEHETO. y PART "A": NON -PLANNING A ZONING ITEMS BEGINNING AFTER 2:00 PM: ITEM 1 BEGINNING AFTER 2:10 PM: ITEM 2 BEGINNING AFTER 2:20 PM: ITEMS 3 THROUGH 15 PART "B": PLANNING 6 ZONING ITEMS BEGINNING AFTER 4:00 PM: ITEMS PZ-1 THROUGH PZ-10 BEGINNING AFTER 5:00 PM: ITEMS PZ-11 AND PZ-12 PART A 2:00 PN INVOCATION AND PLEDGE OF ALLEGIANCE A. PRESENTATIONS & PROCLAMATIONS PUBLIC HEARINGS AFTER 2:00 PN 1. RESOLUTION - (J-91-815) - (APPROVING COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY) Approving the City of Miami's Comprehensive Housin Affordability �trate (CHAS) for the period—la WE b —er hrou h Septer 30. 1992, in substantia y the at ached form, and author zing the City Manager to submit the CHAS to the US Department of Housing and Urban Development (US HUB). PAGE 2 OCTOBER 24, 1991 DELIVERED SEE SUPPLEMENTAL AGENDA R-91-762 MOVED : ALONSO SECONDED : PLUMMER UNANIMOUS i PUBLIC HEARINGS CONT'D AFTER 2:10 PM -"-` 2. OLUTION - (J-91-781) - (AUTHORIZING ISSUANCE OF REQDT65.T FOR PROPOSALS) Authorizir%the issuance of a request for proposals on October , 1991, in substantially the attached 1, form and in a fo acceptable to the City Attorney, for a Unified Detelopment Project for the i develo nt of the 1 AdministrationBuilding- Phase II on City -owned Ian ocated adjacent to NW Street, more common y nown as the City Administration Building - Phas I; selecting a certified public accounting firm d appointing members to a selection review committee evaluate proposals and report findings to the City M er as j required by City of Miami Charter Section 29-A END OF PUBLIC HEARINGS NOTE: Items 3 through 15 have been scheduled to be heard after 2:20 PM. The City Commission shall consider these items at the specified time or thereafter as may be announced. ORDINANCES - EMERGENCY 3. EMERGENCY ORDINANCE - (J-91-827) 5TH VOTE) (NOTE: This item is being presented as an emergency measure in order to meet the granting agency's deadline of October 30, 1991 and so that funds are immediately in place for the continuation of the program.) Creating a new special revenue fund entitled: • ecreat on Programs or the Mental y Retarded - FY • and approPriating funds for its operation in Me— total amount of $Z41,213 ons stin of a $191,213 grant from the State of Florida, Department of Health and ehab tative Services (HRS) and $50 000 in carry-over fund balance from the FY TH revenue fund of the same name; authorizing the ity Manager to accept the grant award and to enter into the necessary agreement(s), in a form acceptable to the Tty Attorney, to accept the grant and implement the program, subject to applicable City Code provisions; containing a repealer provision and a severability clause. PAGE 3 OCTOBER 24, 1991 SEE RELATED M-91-763 MOVED :ALONSO SECONDED:PLUMMER UNANIMOUS EMERGENCY 10929 MOVED SECONDED: UNANIMOUS ORDINANCE PLUMMER ALONSO 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. 4. SECOND READING ORDINANCE - (J-91-806) Amending Sections 1, 2, and 6 of Ordinance No. 10794, the Annual Appropriations ro riations Ordinance for the fiscal year ending September 30, 1991, adopted September 27, 1990, as amended, for the purpose of implementing budgetary adjustments to comply with enerally accepted accounting principles as outl ned by thecity-s ex erna auditors; containing a repealer provision and a severability clause. Date First Reading: Oct 3, 1991 Moved : Vice Mayor Plummer Second : Comm DeYurre Vote : Unanimous 5. WITHDRAWN RESOLUTIONS 6. RESOLUTION - (J-91-823) - (GRANTING WAIVER OF COMMISSIOR POLICY) G__ran��tinMetropolitan Dade CountX a waiver as to Resolution Nos. 86-1019 and 87-3W which set forth the City Commission's policy on new jails within the �Cq , and agreeing tha said o i c s rovi s ons shall not auDIV to a Health Department Facility ocated in the Civic -Center area subject to Dade County actually obtaining possession of the Health Department site. PAGE 4 OCTOBER 24, 1991 ORDINANCE 10930 MOVED : PLUMMER SECONDED : ALONSO UNANIMOUS R-91-761 (AS MODIFIED) MOVED : PLUMMER SECONDED : DE YURRE NOES : ALONSO AND DAWKINS 0 2 RESOLUTIONS CONT'D Commission on the Status of Women 11 7. RESOLUTION - (J-91-509) - (AMENDING BY-LAWS) Amending Article IX of the by-laws of the Commission on the Status of Women W , to eliminate the requirement for a meeting durina the month of uoust constitute a uq orum for c5w meetings. Deaartment of Development and Housina Conservation 8. RESOLUTION - (J-91-831) - (AUTHORIZING ISSUANCE OF REVO A PERMIT) Authorizing the City Mang er to execute a revocable � in orm acceptable to the City Attorney, to Better Way, Inc. for the use of Beckham Hall, located at the southwest corner of NW 8 Avenue and 28 Street, Miami, Florida; for the operation of a shelter for the homeless. as--w-eTTas anv ancillary services; said permittee to pay an annual fee of 1.00 for the use of the area in accordance with the terms and conditions contained in said revocable permit. Downtown Development Authority 9. RESOLUTION - (J-91-619) - (CONFIRMING APPOINTMENT OF MEMBERST— Confimino the reaepointment of S. Lawrence Kahn Ill, H. LelandTaylor and Phillip A. Yaffa to the Board of Directors of the Downtown Develo n Authori for terms expiring June 1 further confirming the appointment of George Knox to the oard o irectors of the Downtown oevelopment Authority for a term expiring June 30, 1994 and confirming the appointment of Marvin Cassel Anthon G. Marina and Randlrasen e o the Board o Directors of the Downtown Development Authority for terms expiring June 30, 1993. PAGE 5 OCTOBER 244 1991 R-91-764 MOVED : PLUMMER SECONDED : ALONSO UNANIMOUS R-91-766 MOVED : ALONSO SECONDED : DE YURRE NOES : DAWKINS R-91•-767 MOVED : PLUMMER SECONDED : ALONSO ABSENT : DE YURRE ri 11 RESOLUTIONS CONT'D a Department of Off -Street Parking 10. RESOLUTION (J-91-854) - (APPROVING REMAINING PORTI T-V ANNUAL BUDGET) Approvingg and adopting the remaining eleven -twelfths of the annual budget of the DepartmenE of O f=Str ee t ark n for a er od c0awncing November i and ending September 30, 1992. PERSONAL APPEARANCE ITEMS NOTE: Legislation may result from City Commission consideration of any Personal Appearance Item. 11. 12. 13. PAGE 6 OCTOBER 24, 1991 R-91-768 (AS MODIFIED) MOVED ' : PLUMMER SECONDED : ALONSO NOES : DAWKINS As per Mayor Suarez' request, Ms. Esther Armbrister M-91-76 9 to discuss additional work at Gran Avenue Park. MOVED : DAWKINS SECONDED : PLUMMER UNANIMOUS Representative(s) of the Latin Quarter Association t0 re uest street closures and ermiSS�on t0 Self R-91-771 beer in connection with Latin uarter Arroz on MOVED DE YURRE Po o i scheduled for November 4, 1 1. SECONDED : DAWKINS UNANIMOUS R-91-772 Representative(s) of the World Women's Congress for I MOVED : PLUMMER it Healthy Planet to re ues financia assistance n SECONDED : DE YURRE connection with the r Congress schedu for UNANIMOUS Vovember -1 , 1991. A-91-765 MOVED : PLUMMER SECONDED : ALONSO UNANIMOUS PERSONAL APPEARANCE ITEMS CONT'D a 14. Mr. Heriberto Fonseca Executive Director of the ' A a a tah-M nwood comounity Development enter Inc. to request unding in support of said organization. END OF PERON—A—L—OPEARANCE DISCUSSION ITEMS NOTE: Legislation may result from City Commission consideration of any Discussion Item. d = 15. As per Commissioner Alonso's request, discussion concerning the establishment of •Maternit Leave (Family Leave)• for amp oyees of the city of Miami. ND OF DISCUSSION IT 1 PAGE 7 OCTOBER 24, 1951 (DISCUSSED DISCUSSED AND RESCHEDULED FOR NOVEMBER 14, 1991 AL PART B PUBLIC HEARINGS ITEMS PZ-1 THROUGH PZ-10 SHALL NOT BE CONSIDERED ITEM: PZ-1 AFTER 4:00 PM REQUEST: FIRST READING ORDINANCE - (J-91-645) Amending Miami Comprehensive Neighborhood Plan Future Land Use Element from: Duplex Residential to: Restricted Commercial LOCATION: 2947-2949 SW 22 Terrace OWNER/APPLICANT: Luis b Raul Galindo A. Vicky Leiva, Esq RECOMMENDATIONS PLANNING, BLDG & ZONING:. Denial PLANNING ADVISORY BD: Denial, 6-3 NOTE: THIS ITEM IS RELATED TO ITEM PZ-2 CONTINUED TO DECEMBER 5, 1991 MOVED : PLUMMER SECONDED : ALONSO ABSENT : DAWKINS 1 REQUEST: FIRST READING ORDINANCE - (J-91-681) Amending Zoning Atlas Ordinance 11000 from: R-2 Two Family Residential to: C-1 Restricted Commercial LOCATION: 2947-2949 SW 22 Terrace OWNER/APPLICANT: Luis 8 Raul Galindo A. Vicky Leiva, Esq RECOMMENDATIONS PLANNING, BLDG b ZONING: Denial ZONING BOARD: Denial, 9-0 NOTE: THIS ITEM IS RELATED TO ITEM PZ-1 ITEM: PZ-3 AFTER 4:00 PM REQUEST: LOCATION: APPLICANT: RECOMMENDATIONS NOTE: FIRST READING ORDINANCE - (J-91-780) Amending Miami Comprehensive Neighborhood Plan Future Land Use Element from: Medium Density Multi Family Residential to: Office 4370-4650 NW 7 Street (South side only) Planning, Bldg b Zoning Dept PLANNING, BLDG & ZONING: Approval PLANNING ADVISORY BD: Approval, excluding the 4 lots not facing NW 7 Street, 9-0 THIS ITEM IS RELATED TO ITEM PZ-4 PAGE 9 OCTOBER 24, 1991 CONTINUED TO DECEMBER 5, 1991 MOVED : PLUMMER SECONDED : ALONSO ABSENT : DAWKINS FIRST READING (AS MODIFIED) MOVED : ALONSO SECONDED : PLUMMER UNANIMOUS ITEM: PZ-4 AFTER 4:00 PM REQUEST: -i LOCATION: i 1 APPLICANT: RECOMMENDATIONS NOTE: FIRST READING ORDINANCE - (J-91-797) Amending Zoning Atlas Ordinance 11000 from: R-3 Medium Density Multi -Family Residential to: 0 Office 4370-4650 NW 7 Street (South side only) Planning, Building & Zoning Dept PLANNING, BLDG b ZONING: Approval PLANNING ADVISORY 00: Approval, excluding the 4 lots not facing NW 7 Street, 9-0 THIS ITEM IS RELATED TO ITEM PZ-3 ITEM: PZ-5 AFTER 4:00 PM REQUEST: RESOLUTION - (J-91-800) Amendment to Restrictive Covenant LOCATION: 1918 Brickell Avenue OWNER/APPLICANT: Nasser Edrisi Adrienne L. Friesner, Esq RECOMMENDATIONS: PLANNING, BLDG 3 ZONING: Approval of the proposed amendments to building height and rear set back. COMMENTS: Half of the applicant's property has a restrictive covenant running with the land dated March 30, 1989, recorded in Official Records Book 14253 at Page 448. PAGE 10 OCTOBER 24, 1991 FIRST READING (AS MODIFIED) MOVED ' ALONSO SECONDED : PLUMMER UNANIMOUS R-91-775 MOVED : PLUMMER SECONDED : ALONSO NOES : DAWKINS .�f ITEM- PZ-6 AFTER 4:00 PN REQUEST: SECOND READING ORDINANCE - (J-91-652) Amending City Code Amending Chapter 2 Administration, Section 2- 75, requiring an annual Accessory Use Certificate for housebarges on the Miami River and establishing an annual fee for said Certificates. RECOMMENDATIONS PLANNING, BLDG & ZONING: Approval PLANNING ADVISORY BD: Approval, 7-0 STATUS: Approved on 15t reading 7/25/91 Moved by Vice Mayor Plummer Seconded by Comm Alonso Unanimous vote Continued from City Commission meeting of 9/26/91 NOTE: THIS ITEM IS RELATED TO ITEM PZ-7 ITEM: PZ-7 AFTER 4:00 PM REQUEST: SECOND READING ORDINANCE - (J-90-1054) Amending Zoning Ordinance 11000 (Text) Amending Ordinance 11000 (Zoning Text) Article 4 to recognize existing marinas and ancillary facilities, requiring new marinas and accessory uses to have special exception approval; to provide an exception to housebarge prohibition; to allow temporary occupancy of private pleasure craft as living quarters; to provide grandfathering of certain housebarges; and to provide definition for navigable waterway, housebarges and houseboats. (Continued on next page) PAGE 11 OCTOBER 24, 1991 ORDINANCE 10931 (AS MODIFIED) MOVED : ALONSO SECONDED : PLUMMER ABSENT : DAWKINS ORDINANCE 10932 (AS MODIFIED) MOVED : ALONSO SECONDED : DE YURRE UNANIMOUS ig APPLICANT: Planning, Building 8 Zoning Dept RECOMMENDATIONS PLANNING, BLDG b ZONING: Approval PLANNING ADVISORY BD: Approval, 7-0 STATUS: Approved on 1st reading 7/25/91 Moved by Comm Alonso Seconded by Vice Mayor Plummer Unanimous vote Continued from City Commission meeting of 9/26/91 NOTE: THIS ITEM IS RELATED TO ITEM PZ-6 ITEM: PZ-8 AFTER 4:00 PM REQUEST: RESOLUTION - [J-91-808(a) b J-91-808(b)] Appeal of Variance Denied LOCATION: 981 NW 2 Street OWNER: City of Miami APPLICANT: Metropolitan Dade County APPELLANT: Metropolitan Dade County RECOMMENDATIONS PLANNING, BLDG & ZONING: Denial ZONING BOARD: Denied, 7-1 COMMENTS: Appeal of Zoning Board's decision to deny the variance to reduce the required side setbacks from 10' to 5' for the proposed clinic. NOTE: THIS ITEM IS RELATED TO ITEMS PZ-9 8 PZ-10 1� PAGE 12 OCT08ER 24, 1901 APPEAL GRANTED (REVERSED ZONING BOARD'S DECISION) R-91-776 (AS MODIFIED) MOVED ALONSO SECONDED DE YURRE ABSTAINED: SUAREZ ITEM: PZ-9 AFTER 4:00 PM REQUEST: RESOLUTION - [J-91-826(a) & J-91-826(b)] Appeal of Variance Denied LOCATION: 981 NW 2 Street OWNER: City of Miami APPLICANT: Metropolitan Dade County APPELLANT: City of Miami Planning, Bldg & Zoning RECOMMENDATIONS PLANNING, BLDG & ZONING: Denial ZONING BOARD: Denied, 7-1 COMMENTS: Appeal of Zoning Board's decision to deny the variance to reduce the required side setbacks from 10' to 5' for the proposed clinic. NOTE: THIS ITEM IS RELATED TO ITEMS PZ-8 & PZ-10 ITEM: PZ-10 AFTER 4:00 PM REQUEST: RESOLUTION - [J-91-807(a) & 91-807(b)] Special Exception Requiring City Commission Approval Authorizing the construction and operation of a 2-story, 22,500 sq ft public health clinic (Little Havana Health Care Center) in Henderson Park. LOCATION: 981 NW 2 Street OWNER: City of Miami APPLICANT: Metropolitan Dade County RECOMMENDATIONS PLANNING BLDG & ZONING: Approval ZONING BOARD: Recommended denial of the Special Exception, 7-1 NOTE: THIS ITEM IS RELATED TO ITEMS PZ-8 6 PZ-9 PAGE 13 OCTOBER 24, 1991 APPEAL GRANTED (REVERSED ZONING BOARD'S DECISION) R-91-777 (AS MODIFIED) MOVED : ALONSO SECONDED : DE YURRE ABSTAINED: SUAREZ R-91-778 (AS MODIFIED) MOVED : ALONSO SECONDED : DE YURRE ABSTAINED: SUAREZ 3 i PACE 14 ..f OCT08ER 24, 1991 ITEMS PZ-11 AND PZ-12 SHALL NOT BE CONSIDERED FE70RE 5:00 WITHDRAWN BY ITEM: PZ-11 M-91-770 AFTER 5:00 PM REQUEST: RESOLUTION - (J-91-744) Amendment to Restrictive Covenant LOCATION: Approx 2226 SW 25 Ave and 2511-2575 SW 22 Terr OWNER/APPLICiNT: Federal Deposit Insurance Corporation, Receiver for Sunrise Savings 6 Loan Association ATTORNEY: Stanley B. Price, Esq COMMENTS: A Resolution, with attachments, approving an amendment to the Zoning Covenant running with the land, dated March 26, 1985, recorded in Official Records Book 1246 at Pages 510- 521 (the "Original Covenant"), for the property owned by Federal Deposit Insurance - Corporation, as Receiver for Sunrise Savings and Loan Association (the "Owner"), located at approximately the Southeast Corner of SW 27 Avenue to 25 Avenue and SW 22-Street to 22 { Terrace, Miami, Florida. f STATUS: Continued from City Commission Meetings of 9/26/91 and 10/3/91 s1 { �j i s I F i i C MOVED SECONDED ABSTAINED: PLUMMER ALONSO SUAREZ ITEM: PZ-12 AFTER 5:00 PM RESOLUTION - (J-91-756) _ Modification of Commission Resolution I j APPELLANT: City of Miami Planning, Bldg 5 Zoning Dept APPLICANT(S): Isaac Shih PROPERTY ADDRESS(ES): 1801-1859 Biscayne Blvd REQUEST: A Resolution concerning the Chinatown Project, located at 1801-1859 Biscayne Boulevard, Miami, Florida, amending Resolution No. 91-92, adopted January 24, 1991, which had granted a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, by eliminating the requirement that a Unity of Title be provided prior to the issuance of a building permit for Tract A, whereby the NE 4 - Avenue property was not to be sold separately from the Biscayne Boulevard property and by eliminating the requirement that the applicant post a performance bond or letter of credit in the amount of $250,000.00 valid for a period of three years following the date of the adoption of Resolution No. 91-92 to guarantee that the required parking be provided and that the construction of the second phase of the applicant's project will be commenced; further by accepting in lieu of said Unity of Title requirement a deed restriction on the NE 4th Avenue property, in a form acceptable to the City Attorney, guaranteeing that the 80 parking spaces, as Indicated in plans on file dated November 7, 1990, shall be provided within the same time frame as in Resolution No. 91-92 and in lieu of said bond/letter of credit requirement that the City be placed in a position no less than that of second mortgagee with respect to both the Biscayne Boulevard property and the NE 4th Avenue property; further by changing the required date by which construction of Phase II shall be commenced. STATUS: Continued from City Commission meeting of October 3, 1991 PAGE 15 OCTOBER 24, 1991 R-91-779 (AS MODIFIED) MOVED : PLUMMER SECONDED : DAWKINS ABSENT : DE YURRE { SUPPLEMENTAL AGENDA PRESENTATIONS Commission Meeting = October 24, 1991 PRESENTED Proclamation to: Christopher Columbus Day, on the occasion of the rededication of the Christopher Columbus Monument, an initiative sponsored by'. --the Dade County Knights of Columbus. PRESENTED Recognition of Mr. Kenneth Joseph for 45 years of service as a sanitation worker for the City of Miami Solid Waste Department.