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HomeMy WebLinkAboutO-10633J-89-865 9/5/89 ORDINANCE NO. 10633 AN EMERGENCY ORDINANCE AMENDING CHAPTER 39, ARTICLE 11, SECTION 39-17(11) OF THE CODE OF THE CITY OF MIAMI BY EXTENDING THE PROHIBITION ON VENDING ,WITHIN THE FLAGLER DEMONSTRATION BLOCK (NORTH AND SOUTH SIDES OF FLAGLER STREET BETWEEN MIAMI AVENUE AND EAST FIRST AVENUE) FOR ONE YEAR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the placement of amenities and pedestrian improvements like landscaping, new lighting fixtures, flower pots, trash receptacles, signs, telephone booths, and the relocation of newspaper vending boxes that are part of the Flagler Street Demonstration Block Project will not leave sufficient space on the public right-of-way for the safe conduct of vending activities; and WHEREAS, by Ordinance No. 10479 adopted September 8, 1988, by the City Commission prohibited, for one year, vending on the Flagler Demonstration Block (North and South sides of Flagler Street between Miami Avenue and East First Avenue) in recognition of the above described space and safety considerations; and WHEREAS, the aforementioned prohibitions of vending on the Flagler Demonstration Block, which experiences the most pedestrian movement of any block along Flagler Street, has proven successful in preventing impediments to safe, efficient pedestrian movement, damage to public improvements on the sidewalk, and the accumulation of dangerous, unsightly litter; and WHEREAS, physical improvements to the Flagler Demonstration Block, namely telephone booths and a transit information booth, are not completed, study of the safety and aesthetic effects of the vending prohibition should continue if the analysis is to be valid and useful; and 10633 WHEREAS, a continuation of the prohibition of vending on the Flagler Demonstration Block, for one year, is necessary to protect the health, safety and welfare of the citizens of Miami as well as to protect the aesthetic environment; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 39 of the Code of the City of Miami is hereby amended in the following particulars:1 "CHAPTER 39 Peddlers, Vendors, Itinerant Manufacturers Locksmiths and Tool Grinders ARTICLE II. Sidewalk and Street Vendors Sec. 39-17. Limitations within restricted vending districts. Vending within restricted vending districts shall be subject to all rules and regulations in this article, and in addition: (1) No merchandise or service shall be vended or displayed other than food and fresh out flowers. (11) Vending shall be prohibited for one year (October 1, t988 1989 through September 30, T989 1990) on the Flagler Street Demonstration Block (the north and south sides of Flagler Street between Miami Avenue and E. First Avenue). Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance shall be held to be unconstitutional or void, the remaining provisions of this Ordinance shall, nevertheless, remain in full force and effect. Section 4. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. Remaining provisions are now in effect and remain unchanged. -2- 10663 preservation of peace, health, safety, and property of the City of Miami. Section 5. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the City Commission. Section 6. The provisions of this Ordinance shall become effective upon adoption thereof. PASSED AND ADOPTED this 14th day of September 1989. ATT ST• MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: r - � C'd 'F , L E. MAXWELL kCVIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: r JORGE L. FERN DEZ CITY ATTORNEY JEM/db/M535 -3- XAVIER L. AREZ, MAYOR TOG133 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO; The Honorable Mayor and Members of the City Commission FROM: Cesar Odio City Manag Recommendation DATE: A EP _ ( 1989 FILE: SUBJEc-Ordinance amending the City Code section pertaining to gprrohibiting street vending REFEREtdD iVitie3 on the Flagler Demonstration Block ENCLOSURES: It is recommended that the City Commission adopt the attached emergency ordinance amending Article II Section 39-17(11) of the Code of the City of Miami to extend the prohibition of street vending on the Flagler Demonstration Block (Flagler Street between Miami Avenue and East First Avenue) for one additional year. Background In September 1988, the commission adopted Ordinance 10479 prohibiting vending on the Flagler Street Demonstration Block for one year (October 1, 1988 through September 30, 1989). The rational was that due to the installation of palm trees, planter boxes, trash receptacles, and art deco light fixtures, etc. that there would not be sufficient space to safely conduct vending activities. The prohibition would allow the City and the DDA to evaluate the new physical improvements and their effect on pedestrian movement and the aesthetics of the block. The physical improvements have, for the most part, been well received by the merchants, shoppers, and property owners. Pedestrian movements on this busiest block along Flagler have been smooth and unimpeded and litter problems are minimal compared to those blocks with vending. A one year extension is being requested on an emergency basis because the telephone booths and the transit information booth that were part of the master plan'for the demonstration block were not implemented during the last year because of contractual and cost considerations but will shortly be in place. They will further cut down on sidewalk space available for safe vending. An additional year is needed to continue to evaluate the demonstration block with the full compliment of sidewalk improvements. The prohibition should be made effective immediately to coincide with renewal of vending licenses on October 1, 1989. If the prohibition lapses, the safe, free flow of pedestrians on this busy, physically limited block may be jeopardized. CO/cs Encl. 1063a 7 -( CITY OF MIAi 19 FLORIDA LEGAL NOTICE CITY f.:LER' i �.,17 t ('IF 1#(M-11l, FL -A., MiAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida, STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 10633 In the .. ....... ............................... Court, was published In sold newspaper in the Issues of September 26, 1989 Affiant further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached c f advertisement; and affiant further says that she has er p d nor promised any person, m or corporation an ount, rebate, commission or re nd for the purpose c Ing t s advertisement for pu ..flat► in the setd ne wSwotn,tg and 4db� crl before me this 26 eptreriler•'' 89 ...... day �i . ... , f:..... . A�,. 19...... . JanettSanbhez Rota ubl)CI Statk:of Flor at Large (SEAL) �• My Commissignrgxoltss June 21,•j,891.:;'+ MR 116 c • r. �il �C3rtii.? "• loll •ll rft1rr'�,•;•• MR 144 All Interested persons will taho notice that on the 141h day of September, 1989, the City Commission of Miami, Florida, adopted the following titled ordinances: ORDINANCE NO. 10630 AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "SOLID WASTE REDUCTION: RECYCLING AND EDUCATION (FY '89)", APPROPRIATING FUNDS ["OR THE DEVELOPMENT AND IMPLEMENTATION OF SAME IN ACCORDANCE WITH SECTION 403.706(4) FLORIDA STATUTES IN THE AMOUNT OF $516,050, CONSISTING OF A $412,840 RECYCLING PROGRAM GRANT AND A $103,210 RECYCLING EDUCATION GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGU- LATION, IN ACCORDANCE WITH THE STATE OF FLOR- IDA SOLID WASTE MANAGEMENT GRANT RULE 17.716 AND SECTION 403.7095 FLORIDA STATUTES; CONTAINING A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE. ORDINANCE NO. 10631 AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT SPECIAL REVENUE FUND FY 89.90": APPROPRIATING FUNDS THEREFOR IN THE AMOUNT OF $280,000 TO BE RECEIVED FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10632 AN EMERGENCY ORDINANCE, WITH ATTACHMENT, OF THE MIAMI CITY COMMISSION AUTHORIZING AND APPROVING THE EXECUTION OF A PARTICIPATION AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED, TO EVIDENCE THE LOANING OF FUNDS IN AN AMOUNT NOT TO EXCEED $6,500,000.00 FROM THE FIRST MUNIC- IPAL LOAN COUNCIL'S POOLED LOAN PROGRAM TO THE CITY OF MIAMI, FLORIDA, FOR THE DEPARTMENT OF OFF-STREET PARKING. ORDINANCE NO. 10633 AN EMERGENCY ORDINANCE AMENDING CHAPTER 39, ARTICLE 11, SECTION 39.17(11) OF THE CODE OF THE CITY OF MIAMI BY EXTENDING THE PROHIBITION ON VENDING WITHIN THE FLAGLER DEMONSTRATION BLOCK (NORTH AND SOUTH SIDES OF FLAGLER STREET BETWEEN MIAMI AVENUE AND EAST FIRST AVENUE) FOR ONE YEAR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10634 AN ORDINANCE AMENDING SECTION 1 OF ORDI- NANCE NO. 10521, AS AMENDED, ADOPTED NOVEMBER 17, 1988, THE CAPITAL IMPROVEMENTS APPROPRIAT- ING ORDINANCE, BY ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED: "POLICE DEPART- MENT 911 EMERGENCY BACKUP SITE" AND APPRO. PRIATING FUNDS IN THE AMOUNT OF $346,000 FROM THE EMERGENCY 911 SYSTEM SERVICE FEES AND $52,800 FROM THE 1984 POLICE GENERAL OBLIGATION BONDS, FOR THE PURPOSE OF PROVIDING UNINTER- RUPTED EMERGENCY SERVICES TO THE COMMUNITY IN THE EVENT OF EVACUATION FROM ITS CURRENT LOCATION. ORDINANCE NO. 10635 AN ORDINANCE AMENDING SECTIONS 1, 4 and 5 OF ORDINANCE NO. 10484, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1989, AS AMENDED, FOR THE PURPOSE OF IMPLEMENTING BUDGETARY ADJUSTMENTS TO COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS OUTLINED BY THE CITY'S EXTERNAL AUDITORS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10636 AN ORDINANCE AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, ARTICLE I IN GENERAL, OF THE CODE OF THE CITY OF MiAMI, FLORIDA, BY ADDING A NEW PARAGRAPH TO SECTION 4.3 (a) WHICH DEFINES A RETAIL SPECIALTY CENTER; BY AMENDING PARA. GRAPH (3) AND (5) OF SECTION 4.3 (C) TO ESTABLISH HOURS OF OPERATION FOR SAiD RETAIL SPECIALTY CENTERS; BY ADDING A NEW SUBSECTION (f) TO SEC- TION 4.14 TO PROVIDE AN EXCEPTION FROM DISTANCE SEPARATION REQUIREMENTS, LIMIT THE NUMBER OF ESTABLISHMENTS AND RESTRICT SIGNS FOR AND IN RETAIL SPECIALTY CENTERS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 10637 AN ORDINANCE AMENDING SECTION i OF ORDI- NANCE NO. 10521, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE BY INCREASING THE TOTAL APPROPRIATIONS TO THE CAPITAL PROJECT ENTITLED "SOUTH EAST OVERTOWNIPARK WEST REDEVELOPMENTIPHASE I" PROJECT NO. 322029 BY $719,741, SAID AMOUNT WITH FUNDS AVAILABLE FROM FUNDS RECEIVED FROM THE URBAN PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10638 AN ORDINANCE' AMENDING ORDINANCE NO. 10450, ADOPTED JULY 14, 1988, WHICH ESTABLISHED THE MIAMI WATERFRONT ADVISORY BOARD, BY REQUIR- ING THAT THE BOARD SHALL BE INFORMED OF ALL ISSUES CONCERNING THE MAJOR DEVELOPMENT ANDIOR DISPOSITION OF CITY -OWNED WATERFRONT PROPERTY FOR ITS INPUT AND ADVICE AT THE SAME TIME OR BEFORE OTHER CITY COMMITTEES OR BOARDS ARE INFORMED OF SAID ISSUES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CITY CODE. ORDINANCE NO.10639 .; AN EMERGENCY ORDINANCE AMENDING SECTION 54.100 OF THE CODE OF THE CITY OF MIAMi, FLORI- DA, AS AMENDED, SUBSTITUTING AN "IRREVOCABLE" PERMIT FOR A "REVOCABLE" PERMIT IN SAID SEC- TION AND FURTHER PROVIDING THAT A GUARD GATE WHICH D0171, N(Yf 0fAPI FTFt v HIrInFR P11PL!". MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelme V. Ferbeyre, who on oath says that she Is the Supervisor of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 10633 Inthe .... , . X........ I ........................ Court, was published in said newspaper in the Issues of September 26, 1989 Affiant further says that the said Miami Review is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been contlnuously publfshed in said Dad Se County, Florida, each day (except aturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached c fadvertisement; and affiant further says that she has or p d nor promised any person, m or corporation a unt, rebate, commission or re d for the purpose c ing t s advertisement for pu callorl In the said no .i .!C/ two, nt S o and'I 'before me this 26.. day " le peetbex89 G, A. 19....... .. •IY •v•A�: 'S'. .4..... Janet4Ssnohez N4to ubllc! Stat4 of--Flor at Large (SEAL) v .' ?. - My Commissfgn.&xpices June 2a,•1891r MR 115 rt R 144 ERER C IY LC fY LC NG EDUCATION GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGU. LATION, IN ACCORDANCE WITH THE STATE OF FLOR. IDA SOLID WASTE MANAGEMENT GRANT RULE 17.716 AND SECTION 403.7095 FLORIDA STATUTES; CONTAINING A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE. ORDINANCE NO. 10631 AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "WYNWOOD SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT SPECIAL. REVENUE FUND FY 89.90": APPROPRIATING FUNDS THEREFOR IN THE AMOUNT OF $280,000 TO BE RECEIVED FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; CONTAINING A REPEALER PRO. VISION AND A SEVERABILITY CLAUSE. ORDINANCE NO, 10632 AN EMERGENCY ORDINANCE, WITH ATTACHMENT, OF THE MIAMI CITY COMMISSION AUTHORIZING AND APPROVING THE EXECUTION OF A PARTICIPATION AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED, TO EVIDENCE THE LOANING OF FUNDS IN AN AMOUNT NOT TO EXCEED $6,500,00.00 FROM THE FIRST MUNIC- IPAL LOAN COUNCIL'S POOLED LOAN PROGRAM TO THE CITY OF MIAMI, FLORIDA, FOR THE DEPARTMENT OF OFF-STREET PARKING. ORDINANCE NO. 10633 AN EMERGENCY ORDINANCE AMENDING CHAPTER 39, ARTICLE 11, SECTION 39.17(11) OF THE CODE OF THE CITY OF MIAMI BY EXTENDING THE PROHIBITION ON VENDING WITHIN THE FLAGLER DEMONSTRATION BLOCK (NORTH AND SOUTH SIDES OF FLAGLER STREET BETWEEN MIAMI AVENUE AND EAST FIRST AVENUE) FOR ONE YEAR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10634 AN ORDINANCE AMENDING SECTION 1 OF ORDI- NANCE NO. 10521, AS AMENDED, ADOPTED NOVEMBER 17, 1988, THE CAPITAL IMPROVEMENTS APPROPRIAT- ING ORDINANCE, BY ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED: "POLICE DEPART. MENT 911 EMERGENCY BACKUP SITE" AND APPRO- PRIATING FUNDS IN THE AMOUNT OF $346,000 FROM THE EMERGENCY 911 SYSTEM SERVICE FEES AND $52,600 FROM THE 1984 POLICE GENERAL OBLIGATION BONDS, FOR THE PURPOSE OF PROVIDING UNINTER. RUPTED EMERGENCY SERVICES TO THE COMMUNITY IN THE EVENT OF EVACUATION FROM ITS CURRENT LOCATION. ORDINANCE NO. 10635 AN ORDINANCE AMENDING SECTIONS 1, 4 and 5 OF ORDINANCE NO. 10484, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1989, AS AMENDED, FOR THE PURPOSE OF IMPLEMENTING BUDGETARY ADJUSTMENTS TO COMPLY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS OUTLINED BY THE CITY'S EXTERNAL AUDITORS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10636 AN ORDINANCE AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, ARTICLE I IN GENERAL, OF THE CODE OF THE CiTY OF MIAMI, FLORIDA, BY ADDING A NEW PARAGRAPH TO SECTION 4.3 (a) WHICH DEFINES A RETAIL SPECIALTY CENTER; BY AMENDING PARA- GRAPH (3) AND (5) OF SECTION 4.3 (c) TO ESTABLISH HOURS OF OPERATION FOR SAID RETAIL SPECIALTY CENTERS; BY ADDING A NEW SUBSECTION (f) TO SEC. TION 4.14 TO PROVIDE AN EXCEPTION FROM DISTANCE SEPARATION REQUIREMENTS, LIMIT THE NUMBER OF ESTABLISHMENTS AND RESTRICT SIGNS FOR AND IN RETAIL SPECIALTY CENTERS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 10637 AN ORDINANCE AMENDING SECTION 1 OF ORDI- NANCE NO. 10521, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE BY INCREASING THE TOTAL APPROPRIATIONS TO THE CAPITAL PROJECT ENTITLED "SOUTH EAST OVERTOWNiPARK WEST REDEVELOPMENTIPHASE I" PROJECT NO. 322029 BY $719,741, SAID AMOUNT WITH FUNDS AVAILABLE FROM FUNDS RECEIVED FROM THE URBAN PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10638 AN ORDINANCE AMENDING ORDINANCE NO. 10459, ADOPTED JULY 14, 1988, WHICH ESTABLISHED THE MIAMI WATERFRONT ADVISORY BOARD, BY REQUIR- ING THAT THE BOARD SHALL BE INFORMED OF ALL ISSUES CONCERNING THE MAJOR DEVELOPMENT AND/OR DISPOSITION OF CITY -OWNED WATERFRONT PROPERTY FOR ITS INPUT AND ADVICE AT THE SAME TIME OR BEFORE OTHER CITY COMMITTEES OR BOARDS ARE INFORMED OF SAiD ISSUES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CITY CODE. ORDINANCE NO. 10639 AN EMERGENCY ORDINANCE AMENDING SECTION 54.100 OF THE CODE OF THE CITY OF MIAMi, FLORI- DA, AS AMENDED, SUBSTITUTING AN "IRREVOCABLE" PERMIT FOR A "REVOCABLE" PERMIT IN SAID SEC- TiON AND FURTHER PROVIDING THAT A GUARD GATE WHICH DOES NOT COMPLETELY HINDER PUBLIC ACCESS ALONG THE RIGHT-OF-WAY SHALL BE AUTHORIZED WHEN SAID GUARD GATE IS INSTALLED AS PART OF A GOVERNMENTALLY OPERATED PROJ• ECT OR AS AN ELEMENT OF A SPECIAL TAXING DIS- TRiCT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Said ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8:00 a.m. and 5:00 p.m. MATTY HIRAI r� CITY CLERK T Y..' (6186) MIAMI, FLORIDA 9126 89.4.092637M