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Home My WebLink AboutCC 1990-03-22 Marked Agenda'MV.. VICE MAYOR COMMISSIONED? COMMISSIONER COMMISM OVER XA%71FP 1. G! IAR67 FAIL 1,FR 1. DAWIT:1N5 DR. MIRIAM AEONSO VICTOR H. OE YRIRRE I.[.. P1.U9' iMFR, JR. N MEETING DATE: March 22, 1990 CITY HALL 3500 PAN AMERICAN DRIVE CITY ORDINANCE NO. 10087, AS AMENDED, ADOPTED MARCH 18, 1986, GENERALLY REQUIRES ALL PERSONS APPEARING IN A PAID 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 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. i 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 s COMMISSION MEETING. Should any person desire to appeal any decision of the Miani City + Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the nrnceedings 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) * * * This meeting shall convene at 4:00 PM PART "A": NON PLANNING & ZONING ITEMS BEGINNING AFTER 4:00 PM: ITEMS 1 THROUGH 9 BEGINNING AFTER 4:30 PM: ITEM 10 PART "B": PLANNING & ZONING ITEMS BEGINNING AFTER 5:00 PM: ITEMS PZ-] THROUGH PZ-7 BEGINNING AFTER 7:00 PM: ITEM PZ-I! MEETING DATE: March 22, 1990 PAGE NO: 2 PART A 4:00 PM INVOCATION AND PLEDGE OF ALLEGIANCE A. PRESENTATIONS & PROCLAMATIONS 4.00 PM SPECIALLY SCHEDULED ITEM 1. RESOLUTION - (J-90-225) - (RESCINDING RESOLUTION & AUTHORIZING EXECUTION OF AGREEMENT) Rescinding Resolution No. 90-202, and authorizing the City Manager to enter into an agreement, in substantially the attached form, between the City of Miami and Miami Bus Bench Joint Venture, d bT%a Bus Bench Company, to manufacture, install and maintain approximately 1,500 bus benches city- wide, and to sell advertising on approximately 1,000 of said bus benches, with an estimated revenue of $62.10 per bus bench per year, plus 1% of gross receipts, for are initial term of five years; said agreement being renewable for two additional five year periods. DELIVERED NONE R-90-226 MOVED: SECONDED: UNANIMOUS PLUMMER DE YURRE _='uS 1 £� MEETING DATE: March 22, 1990 PAGENO: :3 2. 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 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-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-90-178) - (ACCEPTING PLAT) Rcceptjn3 the plat entitled "Fern Isle Gardens", a subdivision in the City of Miami; and accepting the dedications shown on said plat; and 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-2. RESOLUTION - (J-90-179) - (ACCEPTING PLAT) Accepting the plat entitled 'Bayrock Subdivision", =1' a subdivision in the City of Miami; and accepting the dedications shown on said plat; and accepting the covenant to run with the land postponing the immediate construction of certain improvements = until required by the Department of Public Works; and authorizing and directing the City Manager and _ City Clerk to execute the plat and providing for mmi fthe recordation of said plat in the Public Records 1 of Dade County, Florida. R-90-227 MOVED: SECONDED: UNANIMOUS R-90-228 MOVED: SECONDED: UNANIMOUS DAWKINS PLUMMER DAWKINS PLUMMER b MEETING DATE: March 22, 1990 PAGE NO: 4 CONSENT AGENDA CONT'D CA-3. RESOLUTION - (J-90-220) - (AUTHORIZING EXECUTION OF AGREEMENT) Authorizing the City Manager to enter into a professional services agreement, in substantially the attached form, by and between Gladys Kidd and Associates and the City of Miami, in an amount not to exceed—$20,000, for the production of three 3, thirty second public service announcements and one (1) five to eight minute video in order to assist the City of Miami's Department of Solid Waste in the educational component of the Curbside Residential Multi -Material Pilot Recycling Program, in accordance with the State of Florida Solid Waste Management Grant Rule 17-716 and Section 403.7095 of the Florida Statutes; allocating funds therefor from the Solid Waste Reduction; Recycling and Education Special Grant Fund, Project No. 197001, Account No. 320304-690. CA-4. RESOLUTION - (J-90-197) - (AUTHORIZING SETTLEMENT) Authorizing the Director of Finance to pay to Arthur Roby, without admission of liability, the sum of $86,300 in full andcompletesettlement of any and all claims and demands against the Citv of Miami, upon the execution of a release, releasing the said party from any and all claims and demands. CA-5. RESOLUTION - (J-90-221) - (RATIFYING EMPLOYMENT OF LAW OFFICE) Ratifying, approving and confirming the City Attorney's _mp eloyment of the law offices of Daniels, Mason and Kashtan, PA, to serve as consultant in connection with the case of McNew Marine Construction, Inc. vs. City of Miami vs. Ronald A. Frazier and Associates, et al, with the fee for such services not to exceed an additional �72,U00.00; said monies therefor being allocated from the City of Miami's Self -Insurance and Insurance Trust Fund. CA-6. RESOLUTION - (J-90-222) - (RATIFYING EMPLOY14ENT OF LAW OFFICE) Ratifying, approving and confirming the City Attorney's employment of ttie law offices of Steel, Hector and Davis to serve as consultant in connection with _the case of PNM Corporation vs. Cif of Miami vs. Faller and Sadao with the fee for such services not to exceed an additional V65,---Oa0.00 said monies therefor being allocated from the City of Miami's Self -Insurance and Insurance Trust Fund. R-90-229 MOVED: DAWKINS SECONDED: PLUMMER UNANIMOUS TABLED R--90-230 (AS MODIFIED) MOVED: DAWKINS SECONDED: DE YURRE UNANIMOUS R-90-231 MOVED: PLUMMER SECONDED: ALONSO NOES: DAWKINS RiEETiNG DATE: March 22, 1990 PAGE NO: 5 CITY ATTORNEY REPORTS Item 3 constitutes the City Attorney Reports Section. This portion of the Agenda is separately designated as being available to the City Attorney 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. NOTE: Legislation may result from City Commission consideration of any matter herein. 3. As per Commission directive at its meeting of February 15, 1990, report concerning responses to solicitation for City bond counsel. ORDINANCES •- EMERGENCY 4. EMERGENCY ORDINANCE - (J-90-226) 4 5THS VOTE (NOTE: This item is being presented as an emergency measure so that funds are immediately in place for the procurement of goods and services required for the improvements, so that work can be completed before the busy and hot, summer season.) Amending Section 1 of Ordinance No. 10642, adopted September 28, 1989, as amended, the Capital Improvements Appropriations Ordinance, by establishing a new project entitled "Peacock Park Glass House - Air Conditioning IiMrovementsm Project No. 331355 in the amount of 25,000; appropriating funds in said amount for said project from New Port Bridge Land Sale - Interest Earnings; and by increasing appropriations to the project entitled "Citywide Neighborhood Park Renovations" Project No. 33130in the amount of 16,500 for park furnishings for East Bay Vista Park; appropriating funds in said amount for said project from Virginia Key Land Fill Sale Proceeds; containing a repealer provision and a severability clause. M-90-225 MOVED: SECONDED: UNANIMOUS EMERGENCY 10717 MOB' E D : SECONDED: UNANIMOUS PLUMMER DAWKINS ORDINANCE PLUMMER DE YURRE .r i r Y V lJ CITY COMMISSION AGENDA MEETING DATE: March 22, 1990 PAGE NO: 5 3 RESOLUTIONS 5. RESOLUTION - (J-90-213) - (AUTHORIZING ISSUANCE OF R-•90- 23 2 PURCHASE ORDERS) MOVED: DE YURRE SECONDED: PLUMME.E: AuthoriZin the City Planager to issue the UNANIMOUS necessary purchase orders subject to applicable City Code procurement provisions, in an amount not to exceed $90,000, to complete certain handicapped inrovements required in the construction of Bayfront Park Redevelopment - North End and Amphitheater - Phase II, CIP Project No. 331302, using funds appropriated by Capital Improvement Ordinance No. 10642., and already allocated to the project; said requirements having their source in the United States Architectural and Transportation Barriers Compliance Board, the South Florida Building Code, and the handicapped community at large. Department of Building and Zoning APPEAL DENIED S. RESOLU►TION - [J-90-218(a) & J-90-218(b)] - (REVIEW R-90-233 OF IMPACT FEE BOARD'S DECISION) (AFFIRMED IMPACT FEE BOARD) Review of the Impact Fee Board's decision not to MOVED: PLUMMER waive or adjust iffyact fees in the amount of SECONDED: DAWKINS 14,042.00 assessed for new construction on UNANIMOUS property located at approximately 1411 NW 14 Avenue, Miami, Florida, pursuant to Chapter 13, Article I of the City Code. 7. RESOLUTION - [J-90-219(a) & J-90-219(b)] - (REVIEW DEFERRED TO OF IMPACT FEE BOARD'S DECISION) NEXT MEETING MOVED: PLUMMER Review of the Impact Fee Board's decision which SECONDED; ALONSO adjusted to 122,575.90 impact fees assessed for UNANIMOUS new construction on located at _property approximately 3275 Coral Way, Miami, Florida, pursuant to Chapter 13, Article I of the City Code. 9 1 g f.� w Ello ............. MEETING DATE: March 22, 1,990 PAGE NO: 7 PERSONAL APPEARANCES ROTE: Legislation may result from City Commission consideration of any Personal Appearance Itm. 8. As per Mayor Suarez' request, Dr. Chaplain Morrison to request funds in connection with Earth Day 1.99Q scheduled for April 22, 1.990. 9. Representative(s) of Haitian Task Forcer Inc. to request street closures in connection with the grand opening of the Caribbean Marketplace scheduled for April 7, 1990. 4.30 PM 10. PUBLIC HEARING ITEMS RESOLUTION - (J-90-223) - ('WAIVING PROHIBITION CONTAINED IN CITY CODE) (4/5THS VOTE) Waiving, by a 4/5ths affirmative vote of the members of the City Commission, after a duly advertised public hearing, the prohibition against the appearance of a Cites officer, official, employee, or member of anv Board. Commission or Agency oerore the Li ty commission as such prohibition applies to Robert V. Fitzsimmons, who is serving as a member of the Heritage Conservation Board and who now seeks to represent a client in a matter coming before the City Commission for its consideration. R--90-234 MOVED: SECONDED: UNANIMOUS R-90-235 MOVED: SECONDED: UNANIMOUS R-90-23G MOVED: SECONDED: UNANIMOUS DE YU.RRE DAWKINS PLUMMFR DR YURRE PLUMMFR DAWKINS {Or MEETINGDATE: March 22, 1990 PAGE NO: B Vi i s PUBLIC HEARINGS ITEMS PZ-1 THROUGH PZ-7 SHALL NOT BE CONSIDERED BEFORE 5:00 PM THIS ITEM AFTER 5:00 PM PZ-1. RESOLUTION - (J-90-174) - STREET/ALLEY CLOSURE A.PPLICANT(S) State of Florida Dept of Transportation c/o Barbara Hobbs, Esq PROPERTY ADDRESS(ES) : That portion of SW 6 St lying West of the West r-o-w line of South Miami Ave for an approximate distance of + 120 feet PETITION: The Official Vacation and Closure of that portion of SW 6 Street lying West of the West R-O-W line of South Miami Avenue for an approximate distance of + 120 feet. Planning Department Recommends APPROVAL Zoning Board Recommends . APPROVAL, 6-0 PROPONENTS present at meeting One THIS ITEM AFTER 5:00 PM PZ-2. DISCUSSION ITEM Discussion of pros and cons of settlement of County/City litigation pertaining to historic preservation policies, based on County Attorney's recommendation. CONTINUED TO APRIL 26, 1990 MOVED: PLUMMFR SECONDED: ALONSO UNANIMOUS M-90-237 MOVED: PLUMMFR SECONDED: ALONSO ABSENT: DE YURRF k RM Roam On COMMIS OWN ARMED= MEETING DATES: March 22, 1990 PACE NO: 9 THIS ITEM AFTER 5:00 PAS PZ-•3, DISCUSSION ITEM Discussion of the locations under consideration by the Federal Bureau of Prisons; procedures prior to construction, and legal options (if any) available to the City. THIS ITEM AFTER 5:00 PM PZ-4. RESOLUTION - [J-90-43(a) & J-90-43(b)] APPEAL BY OBJECTOR APPELLANT(S) Arturo G. Caraballo 3322 SW 23 Terr PROPERTY ADDRESS(ES) : 3328 SW 23 Terr PETITION : Review of the Zoning Board's decision to approve the appeal, thereby reversing the decision of the Zoning Administrator, which eliminated cooking on the premises. Zoning Administrator Recommends : DENIAL of original appeal Zoning Board : GRANTED the appeal, reversing the decision of the Zoning Administrator, 9-0 Date(s) Continued Jan 25 & Feb 15, 1990 R-90-238 MOVED: PLUMMER SECONDED: SUAREZ NOES: DAWKINS APPEAL DENIED (AFFIRM ZONING BOARD'S DECISION) R-90-239 (AS MODIFIED) MOVED: DE YURRE SECONDED: PLUMMER NOES: SUAREZ ABSTAINED: ALONSO a r ITT MEETINGDATE: March 22, 1990 PAGE NO: 10 THIS ITEM AFTER 5:00 PM PZ-5. SECOND READING ORDINANCE - (J-89-860) MI:AMI COMPREHENSIVE NEIGHBORHOOD PLAN AMD APPLICANTS)/OWNER(S): Coral Way Building Corp. ATTORNEY Lucia A. Dougherty, Esq 1221 Brickell Ave PROPERTY ADDRESS(ES) : Approx 3401-3417 SW 22 Terr & Approx 2210-2248 SW 34 Ave is PETITION Consideration of amending Ordinance 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, Future Land Use Plan Map, by changing the land use designation of the subject property from Duplex Residential to Restricted Commercial. _ Planning Department Recommends APPROVAL Planning Advisory Board Recommends: APPROVAL, 6-1 Date First Reading : Oct 26, 1989 Moved . Vice Mayor DeYurre r` Second : Comm Range (Y) Dawkins, Plummer ); (N) Suarez NOTE: This is a coMan i on item to item PZ-6 . THIS ITEM AFTER 5:00 PM PZ-6. SECOND READING ORDINANCE - (J-89-934) ZONING ATLAS AMD APPLICANT(S),OWNER(S): Coral Way Building Corp. ATTORNEY Lucia A. Dougherty, Esq 1221 Brickell Ave PROPERTY ADDRESS(ES) : Approx 3401-3417 SW 22 Terr & Approx 2210-2248 SW 34 Ave PETITION : Ord 9500 atlas change from RG-1/3 to CR-3/7. (Continued on next page) ORDINANCE 10718 MOVED: DAWKINS SECONDED: DE YURRE UNANIMOUS ORDINANCE 10719 MOVED: DE YURRE SECONDED: DAWKINS UNANIMOUS ' sYY5 MEETING DATE: March 22, 1990 PAGE NO: 11 Planning Department Recommends , DENIAL as requested; APPROVAL with 1' buffer along south property line and subject to 20' landscape buffer along 22nd Terrace, no access through 22 Terrace and landscape approval by Planning. Zoning Board Recommends APPROVAL, 6-3 Date First Reading Oct 26, 1969 Moved Vice Mayor DeYurre Second Comm Range (Y) Plummer (N) Suarez, Dawkins NOTE: This is a companion item to item PZ-5. THIS ITEM AFTER 5:00 PM PZ-7. FIRST READING ORDINANCE - (J-90-173) ZONING ATLAS AMD APPLICANTS) Gary Spirer and Capital Hill Investment Co 60 E 42 St, Ste 2913 New York, NY 10165 ATTORNEY : Joseph G. Goldstein, Esq 1221 Brickell Ave Miami, FL 33131 PROPERTY ADDRESS Approx 596 NW 49 Ave, and Approx 4901 NW 5 St PETITION : Ordinance 9500 atlas change from RG-3/6 (for approx 596 NW 49 Ave) and RG-1/3 (for approx 4901 NW 5 St) to CR-2./7. Planning Department Recommends : APPROVAL Zoning Board Recommends : APPROVAL, 7-0 PROPONENTS present at meeting Two OPPONENTS present at meeting Four FIRST READING MOVED: PLUMMER SECONDED: ALONSO UNANIMOUS ITEM PZ-S SHALL HOT BE CONSIDERED BEFORE 7:00 PM THIS ITEM AFTER 7:00 PM P7_-8. RESOLUTION - [J-89-933(a) & J-89-933(b)] APPEAL BY OBJECTOR APPELLANTS : Micky Biss ATTORNEY FOR APPELLANTS PROPERTY OWNERS Atlantis on Brickell Condominium Association Brickell Place Phase I Condominium Association Brickell Place Phase II Condominium Association Brickell Bay Club Condominium Association Brickell Townhouse Condominium Association Brickell Forest Condominium Association Brickell Biscayne Condominium Association Brickell 25 Condominium Association Brickell East Condominium Association John G. Fletcher, Esq 7600 Red Road, Ste #304 South Miami, FL 33143-5484 St. Julien P. Rosemond, Jr & Garth R. Fairbairn PROPERTY ADDRESS(ES) : 2127 Brickell Ave PETITION : Review of the Zoning Board's decision to approve the Planning Director's decision to approve Class C Special Permit, File No. C 89-1216, for the proposed 19-story 251 unit apartment condominium ("The Oasis on Brickell") on above site, as per plans on file, and adopting and incorporating the findings of the Planning Director. Zoning Board DENIED appeal, upholding the decision of the Planning Director, 8-1 Date(s) Continued Oct 26, 1969 Jan 25, 1990 CONTINUED BY M-90-241 MOVED: DAWKINS SECONDED: PLUMMER ABSENT: DE YURRE