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Home My WebLink AboutCC 1986-09-25 Marked AgendaMAYOR VICE MAYOR COMMISSIONER COMMISSIONER COMMISSIONER 13 XAVIER L SUAREZ MKIIEIR 1. PAWKINS fM CARQUO ROSARIO KENNEDY CITY MANAGER CEMAR H. 0010 t jgmhk CITY COMMI551ON AGEN11 MEETING DATE: September 25, 1986 CITY HALL 3500 PAN AMERICAN DRIVE CITY ORDINANCE NO.10087, 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. THE AGENDA FOR THIS MEETING WHICH COMMENCES AT 9:00 AM CONSISTS OF TWO PARTS: mmjfl 0 PLANNING & ZONING ITEMS BEGINNING AFTER 9:00 AM: ITEMS PZ-1 THROUGH PZ-8 BEGINNING AFTER 3:30 PM: ITEM PZ-9 BEGINNING AFTER 5:00 PM: ITEMS PZ-10 THROUGH PZ-16 NON -PLANNING b ZONING ITEMS BEGINNING•IN T'HE NUMBERED SEQUENCE OR AS ANNOUNCED BY THE COMMISSION: ITEMS 1 THROUGH 15 BEGINNING AT 11:00 AM: ITEM 16 BEGINNING AT 3:00 PM: ITEMS 17 AND 17.1 BEGINNING AT 3:15 PM: ITEMS 18 AND 19 BEGINNING AT 5:05 PM: BEGINNING AT 6:05 PM: BEGINNING AT 7:30 PM: ® INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS AND PROCLAMATIONS szom PLANNING & ZONING ITEMS THE CITY COMMISSION IS SCHEDULED TO CONSIDER ITEMS RELATED TO THE ADOPTION OF THE CITY'S BUDGET FOR FISCAL YEAR 1986-87 PZ-1. ORDINANCE - 0-86-617) - ZONING ATLAS AM - SECOND READING APPLICANT(S)/OWNER(S): Nancye M. Moynahan 2901 South Bayshore Dr John H. Moynahan, Jr. 7450 Old Cutler Rd Coral Gables, FL (continued on next page) ITEM 20 ITEM 21 CONTINUED',TO OCTOBER 23 MOVED: KENNEDY SECOND: PLUMMER UNANIMOUS David F. Moynahan 214 West 9 Ave Tallahassee, FL Stephen N. Moynahan 1526 Dorado Ave Coral Gables, FL Laura M. Iorio 877 Cornwall Ave Cheshire, CT ATTORNEY : John H. Moynahan, Jr., Esq 2699 South Bayshore Dr, Suite 600-D PROPERTY ADDRESS(ES): Approx 2564-2574 SW 27 Ln PETITION : Ord 9500 atlas change from RS-2/2 to RO-1/4. Planning Department Recommends: Zoning Board Recommends Date First Reading ; Moved • Second ; (Y) ( ABSENT) : Approval Approval, 9-0 July 24, 1986 Comm Plummer Comm Kennedy Suarez Carollo, Dawkins PZ-2. ORDINANCE - 0-86-10) - ZONING ATLAS AND - FIRST READING APPLICANT(S)/OWNER(S): Silvano A. b Maria Hernandez Herrera 3970 West Flagler St, N103 PROPERTY ADDRESS(ES) : Approx 3900-3998 W Flagler St PETITION : Ord 9500 atlas change from RG-2/5 and RS-2/2 to CR-2/7. o FIRST READING MOVED: KENNEDY ^ SECOND: DAWKINS UNANIMOUS ;k Planning Department Recommends: Denial Zoning Board Recommends APPROVAL of rezoning Lots 1-6, zoned RG-2/5, with DENIAL of rezoning Lot 14 and the N 14' of Lot 13, zoned RS-2/2, 8-0 PROPONENTS present at meeting : One F Mail r—epT%s in FAVOR : One Mail replies AGATM- : Nine Oates) Continu J an 23 b July 24, 1986 s PZ-3. ORDINANCE - (J-86-711) - ZONING ATLAS AMD - FIRST READING OWNER(S) Republic National Bank of Miami c/o Fred De La Mota, Pres 10 NW 42 Ave APPLICANTS) Gerald Biondo, Esq 25 SE 2 Ave, Ste 900 ATTORNEY Robert Traurig, Esq 1401 Brickell Ave PROPERTY ADDRESS(ES) Approx 4220, 4234 & 4244 NW 2 St & Approx 4225 NW 1 St PETITION Ord 9500 atlas change from RG-1/3 to CR-2/7. Planning Department Recommends: Approval Zoning Board Recommends : Approval, 8-1 PROPONENTS present at meeting : Four OPPONENTrpresent at meeting : Five Mail rep ies in FAVOR Four Mail replies AGATR3T— One PZ-4. ORDINANCE - (J-86-712) - ZONING ATLAS AMMO - FIRST READING APPLICANTS)/OWNER(S): City National Bank Land Trust No. 5004852 Green Construction Corp. No. 2 Henriette Nolan Harris/George E. Nolan, Jr. c/o Robert Kaplan, Esq 1401 Brickell Ave ATTORNEY Robert Kaplan, Esq 1401 Brickell Ave PROPERTY ADDRESS(ES) Approx 1548-1636 Brickell Ave PETITION Ord 9500 atlas change from RG-2.1/3.3 to RG-2.1/5 maintaining the SPI-4 Brickell Area Major Streets Overlay District. Planning Department Recommends: Denial Zoning Board Recommends Approval, 9-0 PROPONENTS present at meeting Four pia l r`epi%s i n 'FAVOR : Two Mail replies AGORIT" : Three • FIRST READING MOVED: DAWKINS SECOND: PLUMMER ABSENT: DAWKINS FIRST READING MOVED: PLUMMER SECOND: KENNEDY ABSENT: CAROLLO PZ-5. RESOLUTION - CJ-86-732(a) and (b)] - APPEAL BY OBJECTOR APPELLANT(S) Yolanda Lezcano 571 NW 60 Ave APPLICANTS)/OWNER(S): Matthew Schoenberg, Trustee 11880 Bird Rd, #201 Pan American Hospital Corp 5959 NW 7 St ATTORNEY Arthur Berger, Esq One Biscayne Tower, Ste 3333 PROPERTY ADDRESS(ES) : 5950-60-80-90 NW 7 St PETITION Review of the Special Exception granted by the Zoning Board permitting accessory installation and facilities on above site, as per plans on file, for the Pan American Hospital located at 5959 NW 7 Street subject to: 1) applicant providing a 24-hour towing service available for use by the neighbors in the area in case of illegally parked cars; 2) applicant paying for the installation of a traffic light if approved by Dade County Traffic and Transportation; 3) operating hours of facility to be Monday through Friday from 8:00 AM to 6:00 PM; 4) providing ten (10) off-street parking spaces on the hospital site located at 5959 NW 7 Street; 5) providing all dedications as required by the Public Works Department; and 6) a review by the Zoning Board one year after date of issuance of Certificate of Occupancy; Zoned RG-3/5 General Residential. The Zoning k' Board further granted a time limitation of twelve (12) months in which a building permit must be obtained. Planning Department Recommends : DENIAL Zoning Board : GRANTED subject to conditions and establishing a time limitation of 12 months in which a building permit must be obtained, 7-2 PROPONENTS present at meeting : Seven OPPONENT present at meeting Eight AeiT npTies AGAINST, : Fifteen DEFERRED TO OCTOBER 23 AFTER 5:00 p.m. MOVED: CAROLLO SECOND: PLUMMER NOES: SUAREZ APPELLANTS) Vicente Pino 5975 SW 8 St APPLICANTS)/OWNER(S): Reoco, Inc. (a Florida Corp.) c/o Ralph Osterle, Pres. 5965 SW 8 St PROPERTY ADDRESS(ES) : 5965 SW 8 St PETITION : Review of the Variance granted by the Zoning Board permitting a second story addition to the existing structure on above site, as per plans on file, providing 3,233 sq. ft. (.46) of Open Space Ratio (4,528 sq. ft. (.64) required); 640.36 sq. ft. (0.09) of Pedestrian Open Space (1,428 sq. ft. (.21) required); waiving the required 10' front yard and providing four (4) of 14 required off- street parking spaces; zoned CR-2/7 Commercial -Residential (Community). The Zoning Board further granted a time limitation of twelve (12) months in which a building permit must be obtained. Planning Department Recommends : Denial Zoning Board : Granted with a time limitation of 12 months in which a building permit must be obtained, 7-2 PROPONENTS present at meeting : Five OPPONENTS present at meeting : One mail replies in FAVOR One Mail replies AGAWM : One PZ-7 . RESOLUTION - [J-86-731(a) and (b)] • DRIVE-IN FACILITY APPLICANTS)/OWNER(S): Racasa, NV, a Netherlands Antilles Corp. Astrid, NV, a Netherlands Antilles Corp. c/o Alberto Daire 7175 SW 8 St PROPERTY ADDRESSES) Approx 821-899 NW 37 Ave PETITION Review of the Special Exception granted by the Zoning Board with approval by the City Commission of permitting construct -ion and operation of a drive-in facility for a financial institution on above site, as per plans on file subject to landscape plan approval by the Planning Department and Providing all dedications as required by the Public Works Department; zoned CR-2/7 Commercial -Residential (Community). The Zoning Board further granted a time limitation of twelve (12) months in which a building permit must be obtained. Planning Department Recommends : APPROVAL subject to landscape plan approval Zoning Board : Granted with approval by the City Commission subject to conditions and a time limitation of 12 months . in which a building permit must be obtained, 9-0 PROPONENTS present at meeting : One � 'i l replies in FAVOR : Two N-00- i apt MOVED: CAROLLO SECOND: PLUMMER NOES: SUAREZ R-86-755 MOVED: PLUMMER SECOND: DAWKINS ABSENT: CAROLLO l°7VV�ll: k'LUMMr;tt r APPL ICANT(S) /OWNER (S) : HCA Health Services of Florida, SECOND: KENNEDY Inc and ABSENT: CAROLLO Marck One, a Joint Venture & a Florida General Partnership PROPERTY ADDRESS(ES) NW 17 St between NW 7 Ct 3 NW 8 Ave PETITION : Accepting the plat entitled HIGHLAND PARK HOSPITAL SUBDIVISION FIRST ADDITION, 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 the recordation of said plat in the Public Records of Dade County, Florida. Plat and Street Committee Recommends: Approval ITEM 9 SHALL NOT BE CONSIDERED BEFORE 3:30 PM THIS ITEM AFTER CONTINUED.__(for further informa- PZ-9. RESOLUTION - (J-86-537) - MIAMI CENTER I — tion to 10-7-86) . APPLICANTS)/OWNER(S): Miami Center Joint Venture MOVED:` DAWKINS SECOND: KENNEDY c/o Ethan Minsky, Esq ABSENT: CAROLLO 801 Brickell Ave, 14 Floor ATTORNEY Ethan Minsky, Esq 801 Brickell Ave, 14 Floor PROPERTY ADDRESSES) Approx 301-399 S Biscayne Blvd PETITION Consideration of issuance of an amended Development Order for the One DuPont Plaza (F/K/A Biscayne Plaza) portion of the Miami Center I Project, a Development of Regional Impact, (Resolution 79-396; May 24, 1979, as amended) pertaining to Condition 1 of the Development Order (Exhibit A for the One DuPont Plaza project) which proposed amendments delete two towers comprising 500 dwelling units of 865,700 square feet of gross residential building area and 20 parking spaces and substitute two towers comprising 10480,000 square feet of gross office area; 220,000 square feet of commercial building area and 300,000 square feet of residential building area comprising 150 dwrel l i ng units per Chapter 380.06 F.S. zoned CBD-1/9 CENTRAL BUSINESS DISTRICT. Planning Department Recommends APPROVAL with modifications _ Planning Advisory Board Recommends: APPROVAL with • modifications, 9-0 PROPONENTS present at meeting Nineteen - �Epresent at meeting : One ate sonti nued : June 26, 1986 MEETING DATE: September 25, 1986 PAGE NO: 7 THIS ITEM AFTER IMIMMM -10. TH'AS ITEM AFTER PZ-11. ITEMS PZ-10 THROUGH PZ-16 SHALL NOT BE CONSIDERED BEFORE FOO PH ORDINANCE - (J-86-293)- MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - SECOND READINff- APPLICANT(S) : Planning Dept PETITION : Adopting the Miami Comprehen- sive Neighborhood Plan (September, 1985) which amends the existing Miami Comprehensive Neighborhood Plan 1976-1986 approved by Resolution 77-430; May 12, 1977. Planning Department Recommends Planning Advisory Board Recommends: Date( s) Continued : Date First Reading Moved Second (Y) ( ABSENT) Dates) Continued Approval Approval, 7-0 Apr 22 b May 22, 1986 June 26, 1986 Comm Plummer Comm Dawkins Suarez Carollo, Kennedy July 24, 1986 ORDINANCE - [J-85-695(a) and ( b)] - MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AMD -__MT READING APPLICANTS)/OWNER(S.): Kaituma Properties, NV (Owner of Lots 26-29) Richard A. Parker, Trustee (Owner of Lots 23-25) Carlos Saiman, Trustee (Contract for Purchase) ATTORNEY Anthony J. O'Donnell, Jr. Esq 1401 Brickell Ave PROPERTY ADDRESSES) : Approx 3427-3523 SW 22 Terr PETITION Consideration of amendments to a) the Miami Comprehensive Neighborhood Plan 1976-1986 by changing the designation of the subject property from Low to Moderate Density Residential to Restricted Commercial and b) the proposed Miami Comprehensive Neighbor,°hood Plan by changing the designation from Low to Moderate Density Residential to Commercial -Residential. Planning Department Recommends : Denial Planning Advisory Board Recommends: Approval, 9-0 PROPONENTS present at meeting Four M present at meeting : Six FG11 repYies in FAVOR : Three Mail replies AGAR Six NOTE: This is a companion item to item PZ-12. CONTINUED': TO OCTOBER 23 MOVED: PLUMMER SECOND: DAWKINS ABSENT: CAROLLO MEETING DATE: September 25, 1986 PAGE NO: 8 THIS ITEM AFTER NUMMIff WIN PZ_12. ORDINANCE - W-86-710) - ZONING ATLAS AMID - FIRST READING THIS ITEM AFTER PZ-13. APPLICANT(S)/OWNER(S): Kaituma Properties, NV (Onwer of Lots 26-29) Richard A. Parker, Trustee (Owner of Lots 23-25) Carlos Salman, Trustee (Contract for Purchase) ATTORNEY Anthony J. O'Donnell, Jr, Esq 1401 Brickell Ave PROPERTY ADDRESSES) : Approx 3427-3523 SW 22 Terr PETITION : Ord 9500 atlas change from RG-1/3 to CR-3/7. Planning Department Recommends : Denial Zoning Board Recommends : Approval, 5-0 PROPONENTS present at meeting : Ten Mil rep yes in FAVOR : Three Mail replies AGATEr : Two NOTE: This is a companion item to item PZ-11. ORDINANCE - [J-86-696(a) and (03 - MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AMID _ --MT READING APPLICANT(S)/OWNER(S): Kaufman and Roberts 7445 NW 12 St ATTORNEY Arthur Berger, Esq One Biscayne Tower, Ste 3333 PROPERTY ADDRESSES) : Approx 3591 SW 22 Terr PETITION : Consideration of amendments to a) the Miami Comprehensive Neighborhood Plan 1976-1986 by changing the designation of the subject property from Low to Moderate Density Residential to Restricted Comercial and b) the proposed Miami Comprehensive Neighborhood Plan by changing the designation from Low to Moderate Density Residential to Commercial -Residential. Planning Department Recommends Planning Advisory Board Recommends: PROPONENTS present at meeting OP) OREN present at meeting . Rail replies in FAVOR Mail replies AGATU : Denial Approval, 9-0 Five Three Three Five ,MOPE: Timis is a companion item to item PZ-1/. FIRST READING MOVED: PLUMMER SECOND: CAROLLO UNANIMOUS 13-A j FIRST READING MOVED: CAROLLO SECOND: DAWKINS UNANIMOUS PZ-14. THIS ITEM AFTER PZ-15. ORDINANCE - (J-86-709) - ZONING ATLAS AMD - FIRST READING APPLICANTS)/OWNER(S): Kaufman and Roberts 7445 NW 12 St ATTORNEY : Arthur Berger, Esq One Biscayne Tower, Ste 3333 PROPERTY ADDRESSES) : Approx 3591 SW 22 Terr PETITION : Ord 9500 atlas change from RG-1/3 to CR-3/7. Planning Department Recommends : Denial Zoning Board Recommends : Approval, 6-0 PROPONENTS present at meeting : Four Mailrepliesin FAVOR Five Mail replies AGAR- Three NOTE: This is a caapanion item to item PZ-13. ORDINANCE - (J-86-689) - ZONING TEXT AMD - FIRST READING APPLICANTS) : Planning Dept PETITION : Ord 9500 text amendment by amending Ordinance 9500, the Zoning Ordinance of the City of Miami, by amending ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2024. Piers, Docks, Wharves, Dockage, Boat Houses and Boat Slips, Subsection 2024.1.4. to prohibit houseboats in RS-1 and RS-2.districts and Subsection 2024.11 (2nd paragraph) to enlarge the information requirements for applications to extend docks into waterways, canals or Biscayne Bay; by amending ARTICLE 36. DEFINITIONS to add a definition for houseboat; and by amending the Official Schedule of District Regulations, page 1 for RS-1; RS-2. ONE -FAMILY DETACHED RESIDENTIAL, Principal Uses and Structures, Permissible Only by Special Permit, paragraph 10, to prohibit houseboats in these districts. Planning Department Recommends : Approval Planning Advisory Board Recommends: Approval, 8-1 PROPONENTS present at meeting : Twenty-two Oise present at meeting : Seventy-five FIRST READING MOVED: CAROLLO SECOND: KENNEDY UNANIMOUS SEE RELATED M-86-775 MOVED: SUAREZ SECOND: PLUMMER NOES: CAROLLO MEETING DATE: September 25, 1986 PAGE NO: 10 THIS ITEM AFTER ee PZ-16. ORDINANCE - (J-86-518) - ZONING TEXT AMD - FIRST READING APPLICANT(S) : Planning Dept PETITION : Ord 9500 text amendment by amending Section 3205 Judicial Review, ARTICLE 32. STATUS OF DECISIONS OF ZONING BOARD; REVIEW BY CITY COMMISSION; COMMISSION POWERS; JUDICIAL REVIEW, of Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami by providing that persons aggrieved by a land -use decision of the City Commission may request review by filing an appeal in accordance with Florida Appellate Rules and deleting reference to a petition for issuance of a writ of certiorari. Planning Department Recommends : Approval Planning Advisory Board Recommends: Approval, 9-0 FIRST READING MOVED: PLUMMER SECOND: DAWKINS ABSENT: CAROLLO & KENNEDY NOTE: -Source of all legislative history '—'—' references is the City Clerk's Office. -Items 1 through 15 may be heard In the numbered sequence or as announce y eCommission. CONSENT AGENDA Unless a member of the City =' Commission wishes to remove a specific item from this portion of the agenda, items 1 through 12 constitute the onsen gen a. 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 - comprise o ems roug e adopted..." The Mayor or City Clerk shall state the following: "Before r 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 - (ESTABLISHING VEDESTRI MALL) Concerning the Parade of Flags to e con uc a am a e - Community ,.o e e on uctoSer , 1985 authoriz HE closure 'o design�� streets to throu"`R venicular zraTTIC suBjecl to e �.Departments ssU nce of By the a Police ana Me. Rescue Mon wv ces an_ a$sufances that e y w _ insureda ns a_n. po in a .,� T �i�-conditioned upon thi _ -6r an payingzTor all Costs OT s�ervices assoc'iazeir with saw NO Cl COMMISSION AGENDA MEETING DATE September 25, 1986 PAGE NO-. 12 (CA) 2. CONSENT AGENDA CONT'D. RESOLUTION - (ENGAGING UNUERWR I E'R S ) Authorizing and directing the lusty manager to engage the underwri ti ng team oT Prudential ace 'Securities, nc.; First Equity Corporation of Florida; Daniels & Bell, inc.; and Refro Equities Corporation, as underwriters with respect o the propose offering not to exceed General 06ligatTon on s composed o , o I I u ti on Contro I Bonds; an streets & Highway improvement Bonds, RESOLUTION - (AUTHORIZING EMPLOYMENT OF COUNSEL) Approving the City Attorney's seT—ection ana autnorizing t e employment of the Law Firm o Teen erg, Traurig, Askew, Hoffman, Ll'pott, 110sen if uen e o serve as ec aTax counsel for thF issuance oc"Certi Fi cafes o Participation, Series, 195 , evldencin2 an unaiviaeff proportionate Interest or M Holders thereof in Basic rent payments to e ma e b tfie y of Miami, Florida, as the rental and pure ase price -UT certain eoulpment oursuant to a law Tirm to receive payment for riy ra togetner w'tn_ payment for cotes' aavance-a By sa dorm w e monies for sa rm o 5e paia fromlfieEocee s o the sale or said er i`ficaies or Participation. R-86-758 MOVED: PLUMMER SECOND: KENNEDY ABSENT: CAROLLO (CA) 4. CONSENT AGENDA CONT'D. RESOLUTION - (AUTHORIZING R-86-760 3LTTLEMENi) MOVED: PLUMMER Authorizing the Finance SECOND: KENNEDY Dire c or to pay to Lazarg ABSENT: CAROLLO a ron the sum of $jU,UU0- withoutthe admission o 1115 lity, in full an complete settlement of any an ail claims, eman s an a orney s fees against e city of Miami,re y 1j'agostino and Anthony f3usti I I o, i n d i v I dua I T-7-5-5-5-3s Police Ufficers of the city o *ian an Clarence c son, ndi vi dualy and as Chief o Police ot the City of 111ami, upon execution of a re ease releasing.all Departments from ail cams and demands. R-86-7 66 RESOLUTION - (AUTHORIZING AMENDED_)__- ACQUIT=N OF LAND PARCEL) __(AS MOVED: PLUMMER Authorizing and directing the SECOND: KENNEDY y manageF to acquire y ABSENT: CAROLLO negotiated purchase` a parcel o__ property oca a atTM - .I 37th Avenue, also -known as the St. Hug_ Oaks Property in the City Or Miami, _ wn i chi contains approx ma e y 3.U9'T acres ana wh1cfi is more particularly and legally GeSCrIbed I n ttRee ` aitacned Exhibito be 7usea T-or ous ng purposes; ur er autnorizin2�an recii ng the y AFERFRoX`o grocee '% Close on tnis`earce after examra on o e a s rac an confirmation Oopinion o e, F or s affiac u s on costs to Be provided rom tRF CT—ne 1 — ga on offing oe n1-Funa. 51 IT GUMMMMUR AULNUR MEETING DATE. September 25, 1986 PAGE NO: 14 CONSENT AGENDA CONT'D. RESOLUTION - (AUTHORIZING E'RE'CUTTOR'-0F AGREEMENT) Authorizing the City Manager to execute the secono amenaea and restated in er oca Agreement and contract with Greater Miami Conventlon an Visitors 5ureau, in substantial ly the form attacne RESOLUTION - (AUTHORIZING C II-UE5TT I 0 N OF STREET) Co -designating S.W. 2 Street between S.E. I Avenue an . . venue as luentrust Financial center' , an directing the Tity Clerk to forward a copy ot this Resolution to all affected Sovernment Agencies. RESOLUTION - (AUTHORIZING INIT"IATI OF LEGAL PROCEEDINGS) Authorizing the City .Attorney to . initiate proceeaings against ar ne bxaalum Enterprises, -Inc. - in Forme( on with all reme es Available o the City of Miami regarding loss of certain property from - confiscated boats stored at Key 9. a'rina. RESOLUTION - (CONFIRMING MORI NAT 11w) Confirming the nomination of Ur. Eauaroo vaaron, to the Pf-Streetar n9 SUM o t city o t -- HTa—m-T an recommen _. ng____ o e y oC 5-5-T s-i on ►a 'ffil"s nom na on a can rme or a erm exptiring on stem er 2, R-86-761 MOVED: PLUMMER SECOND: KENNEDY ABSENT: CAROLLO R-86-762 MOVED: PLUMMER SECOND: KENNEDY ABSENT: CAROLLO R-86-763 MOVED: PLUMMER SECOND: KENNEDY ABSENT: CAROLLO MEETINGDATE: September 25, 1986 PAGE NO: 15 CONSENT AGENDA CANT'D. (CA) 10. RESOLUTION -(AUTHORIZING ASSIGNMENT Of 'LE AGREEMENT & AMENDMENTS THERETO) Authorizing the assignment of the agreement dated Se tem er 25 19 9 ttween the--C t o Miami an Jerr ,sue, Ine.1 jassjqnort0 Terremail at D nner ! Inc.f Jansignee)cursuant to ect on t o t o referenced a reement susiect to t o city r ewcb I ng a satisfactory reso ut on with Jerr ,sue Inc.# regarding anX outstanding amounts due the city or any and all 12eriods *n-d-ing prior to and includingSe tem er TT 66• and su Ject to the simultaneous submittal by the assignee of a separate otter a reement from assi nee n which ass flee acknowledges that the Coconut Grove Exhibition Center will a ex an e ana that certain activities occurring ue to the ex ansion shall a inconvenient to t e ass nee hence assignee specifically `Ml not make any claims or damages due to business interruptions,oss Of profit,t sru on of quiet enjoymentp or reimbursement in ang manner due to an disruption of business bX reason o renovations alterall'onar or Mansion conducted the City at the site of the Coconut Grove Exhibition Center; furt er providedthat in the event the ex ans on and/or renovations of said center results n the cessation of assiaFe&Ls o ecations the assignee shall$hall not be required to make payments hereun er duringt e period of Such cessat on• urt er authorizing' an amendment to delete Section 32 of the re erence agreement in its entiretyi Further authorizing an amendment to section 1 0 t e referencO agreement to ex ire on e t er 0 2004, and for Terremark at Dinner Key# 3Cnc.g to spend n excess.2fL a n no case less than $7 0 000 on rovements to the oremisen as described n Zxhi NANI,® an a ter Fc-tober 1, 19136 and before September 30, a4000 further authorizing an amen ment to section 26 of the referencia agreement re u rin Me AMtX to maintain re an extended coverage Insurance on the - oconut Grove Ex it on Center an rant n concessionaire Re right' to re a r mind restore t o rem ses in the event of fire or of er casualty un er 2 certain con itions• urt er authorizing an amen ent to Section 4 o t e a re erenc agreement providing ?o'r a A grace,,poriod within which to cure or Commence curl any-non-compliance; s y urt er author a n are amendment to eCt on 5 of the referenced a reement rAVt in tyr IS;,non- UplicatCon of t o • minimum guaranteed month amount n respect t0 ercentu a rent dtie rots concession stand and restaurant 9,ross is ei - R-86-772 (AS AMENDED) MOVED: PLUMMER SECOND: DAWKINS ABSTAIN: KENNEDY u 41 +s«ss:•�. 1f C! COMMISSION 1 AGENDA MEETiNGDATE. September 26, 1986 PAGE NO. 16 CONSENT AGENDA CONT'D. (CA) 11. RESOLUTION - (FORMALIZATION) men ng Section 1 of Resolution o. _ , adopted July o reflect e Contingency tunas o ear Community Development 9 1 off brant Funds as the source o funding for a $3U,UUU allocation o Mi am'i " MetFo— Action Plan further allocating an additional from 12th Year community rievelopment BlocW Grant Funds, Targef Area/Economic Development an Fhysical Improvementro ec s Fool, in support Of e Economic Development Progrim ot MMAP to partly defray the operating expenses of said organization; said sum a ng approximately equal o the cost Of un ng tour personnel positions uring e current year; it being understood tha said allocations will afford more time to secure additional funding or Its rogram; further stipulating a e Ci y o am w no onger furnish or provide future assistance to ; conditioning the herelif allocations upon tne C1 ty omm ss on s approval or the proggram to be presented y MMAF- with a I I expen urn res of e herein allocations o be made upon a basis of that approved pro ram; ur er requesting o render a monthly status report to -the omm ss on on its activities. R-86-767 (AS AMENDED) MOVED: PLUMMER SECOND: KENNEDY UNANIMOUS (CA) 12. RESOLUTION -(ACCEPTING ELECTION CERTIFICATIONS) Officially accepting the attachea -0-ty- -- - --- ulerK.S Certi-Mation and Declaratlon or the resultsof' the speclar Municipal Election held on epemer 2, 1996 in which thg modification of 'the maximum I172% nterest rate of 7 - per annum, payable on the rema7ning unissued 3,4,0UU,UU1T previously autnorized 5_ $7Pollution ConTroT and incinerator Facilities B 0- on of the My of Miam , 7as provided under Urdinance No. lulz9, to allow Interest to be paid on said bonds at a rate or rates not exceeding thF rate provided for 5y statutes of the State of Mrida but not to exceed ten per centum I I ul; per annum, was disapproved By the electorate; further officially accepting th e attached My Clerk's Certification an Declaration of the results of the Speclar municipal Election held on ee ember Z, 198b In which the modi fl ca ti on of the max mum interest rate of 7-112% per annum, payable on th e, renaining unissued 5Z,J15,UU1Y previously authorized sli,315,1300 Street and Highway Rprovement Bonds of the City F of Miami, as proviaed unaFr Urdinance Mo. 10131, to allow interest to be pa la on salff bonds at a rate or ra es not exceedin the rate provided -T for by s atues of the State o rr -T-orida out not to exceeff en per centum (10%) per annum,, was disapproved Dy the' eiectorate. R-86-765 MOVED: PLUMMER SECOND: KENNEDY ABSENT: CAROLLO f MMSASION BA TY Ce MEETING DATE September 25, -1986 PAGE NO: 18 RESOLUTIONS These items are categorized by the originating department. Department of Community Development 13. RESOLUTION - (AUTHORIZING ACEPTAIRT OF GRANT) Authorizing the City Manager vo accept a grant in the amount of $100,090 from thF State of Florida to Be useir or promotional expenses related to the 1986 0rangF ossom Classic to e e n e City of Miamion uctobeF ; and further authorizing the City Ranag r o execute an aqreement in a form acceotauie to the city Attorney witn tnose T-n-Mvicuals who are sponsor ng e Orange Blossom Classic, said authorization a ng cond1tioned upon substantialy compliance with City of Mlam:r Administrative o cy No. dated January 24, . Item #14 is a companion to item #13 and may be considered at this time. 14. ORDINANCE - EMERGENCY Establishing a •ew special evenue Fund MIT e : range Blossom Classic - and appropriating funds for tHe operation o same�i n tfie amount or SLUU.UUU rom the state of MMMF Departmentof Commerce; ul vis on of Economic R-86-752 MOVED: KENNEDY SECOND: DAWK_INS UNANIMOUS EMERGENCY ORDINANC- 10147 MOVED: KENNEDY: SECOND: DAWKINS UNANIMOUS ... '; ... .:. :, ,. � � ,�•: yd *.._.vss} �.Y`tt:Y�i�s�#2F:�.��t�c`'!'�tE El MEETING DATE. September 25, 1986 PAGE NO: 19 RESOLUTIONS CONT'D. Housing Conservation and Development Agency 15. 16. RESOLUTION - (AUTHORIZING SITE FUR G DEVELOPMENT) Authorizing the use of the Melrose Nursery Site for Me 3—evelopment of sales townhomes within the affordaFT=y limits of low and/or mo era e income families; ur er directing the City anager o Qrepare and PUDlish a request 1'or propose s for sucTi own ome eve opmen . Legislation may result from City Commission consideration of any Discussion ite■ or Personal Appearance. SPECIALLY SCHEDULED DISCUSSION Discussion of City audit pertaining to Casino Espanol. PERSONAL APPEARANCES 17. Resident(s) of Florida Avenue in Coconut Grove concerning re -zoning of Florida Aveue. 17.1 Ann Marie Adker, Secretary, The Overtown Advisory Board, to request funding for Legal Services .in the Overtown community. SEE RELATED M-86-768 MOVED: KENNEDY SECOND: DAWKINS UNANIMOUS MEETING DATE. September 25, 1986 PAGE NO: 20 NOTE: Legislation may result from City Commission consideration of any Discussion Item or Public Hearing. 3:15 PM DISCUSSION ITEMS 18. Discussion concerning request received from Miami Capital Development Inc. related to personnel policies. 1'9. Discussion regarding construction of Bicentennial Park Park Charter Boat Facilities. NOTE:. At. 5:05 p.o. the City 'Corsi ssi.on is scheduled to '.consider items related -to the adoption of the City's`Hudget .. - for Fiscal Year 1986-87. 605 PM SPECIALLY SCHEDULED 20. Discussion and consideration of requests by citizens for additional funding to be used for fighting crime and for renovations and improvements to neighborhood parks. a. 2. M-86-771 MOVED: PLUMMER SECOND: CAROLLO UNANIMOUS M-86-773 MOVED: PLUMMER SECOND: DAWKINS ABSENT: KENNEDY & CAROLLO 7:30 P.M. ORDINANCE - SECOND READING 21. ORDINANCE - SECOND READING Amen ding r Hance adopted ecem er ZU, 1954, ine Capital m rovement —'--Wppropri at ions ordinance, ly establisning Mr.yw e e a or ooa ParK Kenovat-Tons as a aCa-pT al__Tro3ect- in the amount or ana appropr a ng an amount of 351U.UUUfrom Drocee s from uaae county seaport Lanu Exchange Settlement, an amount o rom procee s Trom thF flew -Port Bridge Land Sale, and n amount o rom proceeds rom Dade County Seaport Lana Exchange settlement, an amount at from procee s from te ew Fort -Bridge Sale, and an amoun of s5uU,Uuu from interest earnings on the 1986 GeneralObligation 55PT Sale for a total appropriation to said project o ; Y establishing Bayfront ParkDesign and Uevelopment-Phase 11 as a Capital ro ec n the amount o and appropr a ng an amount of $ZZ4,UUU from procee s rom Dade County SeaportLan - Exchange angeSettlement, an amount o rom proceed? from tFeF New Port Bridge Lana Sale, and an amount of S500,0UU from interes earnings on the enera oblidation Hand sale for a o a appropriation to sa» project or y I ncreas ng a pp rop r 1 a T I on for Hayfront Par Redevelopment es gn an oev@innnent-rnase i in the amount Of il?5s,000 from proceeaS from uaae County Seavort Lanaxe ange 0 a pro .r a on 73 said project 0 containing a repealer rov s on an a severa5i I i y clause. s I few as passed on First Reading at the September 11, 1986 Meeting. It was mowed by Comm. Kennedy and seconded by Comm. ,Carollo). ORDENANCE 10154 MOVED: KENNEDY SECOND: PLUMMER UNANIMOUS 10 Rk ONE I , 6. 11 511,mye MM MAYOR Wifft L PJAW VICE MAYOR MWUR J� PAW KINS commismONER CA►ROVk A COMMISSIONER NOMRIOIKXNNFOY COMMISSIONER W MUMMER. I*- CITY MANAGER BAN W OLPIO 5:05 P.M. SECOND PUBLIC HEARING TO DISCUSS FY'87 I. Discussion of proposed millage rate and adopted tentative budget for the City of Miami. A. Percentage increase in millage over rolled back rate. Response: One and three tenths percent U .35) . B. Specific purposes for which ad -valorem tax revenues are being increased. Response: Purpose Cost Partial funding for Public Safety Services $1,090,787 100 C.- City Commission listens and responds to citizens comments regarding the proposed millage increase and explains the reasons for the increase over the rolled back rate. D. Actions by City Commission. 1-. Amend the adopted tentative budget if necessary. 2. Publicly read the entire millage ordinance. 3. Adopt the final millage rate. (See Item III). 4. Adopt the final budget. (See Item IV) ill. Discussion of proposed millage rate and adopted tentative budget for the Downtown Development Authority. A. Percentage increase in millage over rolled back rate. R_e�sponns�e: Three Hundred and Fifty vF�i a and one tenth percent (355.1%) B. Specific purpose for which ad -valorem tax revenues are being increased. Response: STATED STATED PUBLIC HEARING HELD M-86-777 MOVED: CAROLLO SECOND: KENNEDY UNANIMOUS M-86-778 MOVED: SUAREZ SECOND: KENNEDY UNANIMOUS STATED 1. Purpose Capital Imp. Programs and Street Beauti- fication Cost % $912,963 100% C. City Commission listens and responds to citizens comments regarding the proposed millage increase and explains the reasons for the increase over the rolled back rate. D. Actions by City Commission. 1. Amend the adopted tentative budget, if necessary. .2.. Publicy read the entire millage ordinance. 3. Adopt the final millage rate. (See Item V.) 4. Adopt the final budget. (See Item VI). ORDINANCE -_.SECOND READING (ITEMS III -VI) . III. ORDINANCE AW ANCE DEFINING AND DESIGNATING- THE LEVYING TAXES IN E CITY OF MIAMI, FLORIDA,' FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1986, AND ENDING SEPTEMBER 30, 1987; CONTAINING A SEVERABILITY CLAUSE. IV. ORDINANCE AN DRDINANCE MAKING APPROPRIATIONS FOR THE A SEVERABILITY CLAUSE. V. ORDINANCE XRT1iANCE DEFINING AND DESIGNATING THE DISTRICT OF TRE CITY OF RAIRI TRE E CITY OF MAIMI FOR THE PURPOSE OF TAXATION, FIXING THE MILLAGE AND LEVYING TAXES IN THE DOWNTOWN DEVELOPMENT DISTRICT LOCATED WITHIN THE TERRITORIAL LIMITS ' OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1986, AND ENDING SEPTEMBER 30, 1987, FIXING THE MILLAGE AT FIVE TENTHS (.S) MILLS ON THE DOLLAR OF THE NONEXEMPT ASSESSED VALUE OF ALL REAL AND Y r% Al F r s s ORDINANCE 10149. MOVED:. DAWKINS SECOND: SUAREZ .NOES: PLUMMER: & CAROLLO PERSONAL PROPERTY IN SAID DISTRICT AND PROVING THAT THE SAID MILLAGE AND THE TAXES LEVIE HEREIN SHALL BE IN ADDITION TO THE FIXING 0 THE MILLAGE AND THE LEVYING OF TAXES WITHI THE TERRITORIAL LIMITS OF THE CITY OF MIAMI WHICH IS CONTAINED IN THE GENERAL APPROPRIATIO ORDINANCE FOR THE AFORESAID FISCAL YEAR A REQUIRED BY SECTION 30 OF THE CITY CHARTER PROVIDING THAT THE FIXING OF THE MILLAGE AN LEVYING OF TAXES HEREIN SHALL BE IN ADDITION T SPECIAL ASSESSMENTS FOR IMPROVEMENTS IMPOSED B THE CITY COMMISSION OF THE CITY OF MIAMI WITHI THE TERRITORIAL LIMITS OF THE CITY OF MIAMI PROVIDED THAT THIS ORDINANCE SHALL NOT OF DEEMED AS REPEALING OR AMENDING ANY OTHE ORDINANCE FIXING MILLAGE OR LEVYING TAXES FO THE FISCAL YEAR BEGINNING OCTOBER 1, 1986 AN ENDING SEPTEMBER 30, 1987, BUT SHALL BE DEEME SUPPLEMENTAL AND IN ADDITION HERETO; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE AN iR'ISTI1ANCE MAKING APPROPRIATIONS FOR THE DuRNTOWN DEVELOPMENT AUIHUKLTY OF THE CITY OF MIAMI FOR THE FISCAL YEAR ENDING SEPTEMBER 30, UMLOPMENT AUTHORITY TO INVITE OR ADVERTIS FOR BIOS FOR THE PURCHASE OF ANY MATERIAL EQUIPMENT OR SERVICE EMBRACED IN THE SAI APPROPRIATIONS FOR WHICH FORMAL BIDDING MAY BE REQUIRED PROVIDING THAT THIS ORDINANCE SHALL BE SUPPLEMENTAL AND IN ADDITION TO TH ORDINANCE MAKING APPROPRIATIONS FOR THE FISCA YEAR ENDING SEPTEMBER 309 1987 FOR TH OPERATION OF THE CITY OF MIAMI, FLORIDA CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. F N D 0 Y R D N S N R D E n E L E A SUPPLEMENTAL AGENDA PRESENTATIONS Commission Meeting = September 25, 1986 := :!. Presentation: Presentation of a plaque to Mayor Xavier L. 'PRESENTED Suarez by Mr. Paul Shaver, Mr. Robert Schmidt and James Murphy of the Leukemia Society of America. 2. Proclamation: Miami Senior High School's Key Club 50th Anniver- .` PRESENTED sary ay: In celebration of the ub s 50th s:. anniversary and commending its members for its �- success. 3.-.Proclamation: Minorl ty Enter rise Development Week: In re - - PRESENTED cognition of the contributions made by minority =.`;. business owners toward the economic development r` of our area. 4. Proclamation: Dia de las Antiguas Alumnas Ursulinas: For their PRESENTED contributions to the betterment of our community. 5. Proclamation: Lupus Awareness Month: To promote an awareness PRESENTED of this this little known disease that can strike. anyone at any age. 6. Proclamation: National Puerto Rican Forum Days: In recognition PRESENTED of the organizations achievements and celebrate the Miami forum introducing the Comprehensive Competency Program. 7. Commendation: Hector Velazquez: For his outstanding service to PRESENTED thf e Tu-er.to Rican and Hispanic communities In the United States. $. Commendation: Ale ita Padro: For her outstanding service to PRESENTED the Puerto Rican and Hispanic communities in the _ United States. 9. ACKi.OWLEDGMENT OF JOURNALISTS FROM COSTA RICA. Ja y _