HomeMy WebLinkAboutCover MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEM ORANDUM
TO: The Honorable Mayor and Members of the City Commission
FROM: Jorge L. Fernandez, City Attorney
DATE: August 24, 2006
RE: Discussion items for proposed legislation regarding Miami
Children's Museum on Watson Island, per City Commission
directive- City Commission Agenda -September 12, 2006
Pursuant to the City Commission directive of June 22, 2006, and with input from the
Department of Public Facilities, for your consideration, attached please find three pieces of
legislation for possible enactment at the September 12, 2006, meeting:
1) A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING THE
ESTABLISHMENT OF A CHARTER SCHOOL IN THE MIAMI CHILDREN'S
MUSEUM ON WATSON ISLAND, SUBJECT TO THE CONDITIONS SET FORTH IN
THIS RESOLUTION.
• This legislation would allow the City Commission to voice its intent to allow the
establishment of. a Charter School within the Miami Children's Museum once certain
conditions have been met; i.e. ind-emnification/hold-harmless agreements, MUSP
modifications, traffic studies, MSEA approval, FAA flight pattern approval, sexual
predator research; agreement to terminate use; etc.
• This legislation would facilitate the MSEA Board's consideration of the Charter School
location in Watson island, without creating an exemption for Watson Island under the
Code, which may not be necessary or desirable if the school is not approved by MSEA
or the conditions to its creation are not satisfied.
2) AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE
OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE I, TITLED "IN
GENERAL" MORE PARTICULARLY CHAPTER 4, TITLED "ALCOHOLIC
BEVERAGES" SECTION 4-11, "EXCEPTIONS TO DISTANCE REQUIREMENTS"
TO EXEMPT WATSON ISLAND FROM DISTANCE REQUIREMENTS FOR
ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES AND THEIR
PROXIMITY TO SCHOOLS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
• This legislation would exempt all of Watson Island from distance requirements with
reference to liquor establislunents and their proximity to a school, addressing the
Florida Statutes 562.45(2) (a) requirements for distance exemptions and the City Code
Section 4-11. .
• This Ordinance should be passed with the resolution below.
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3) A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO
CHAPTER 562.45 (2)(a), FLORIDA STATUTES, AS AMENDED, ESTABLISHING
AND FINDING GROUNDS THAT A CHARTER SCHOOL LOCATED IN THE
MIAMI CHILDREN'S MUSEUM ON WATSON ISLAND PROMOTES THE PUBLIC.
HEALTH, SAFETY AND GENERAL WELFARE OF THE COMMUNITY, THUS
ALLOWING FOR ALCOHOLIC BEVERAGES TO BE SOLI] WITHIN 500 FEET OF
THE MIAMI CHILDREN'S MUSEUM CHARTER SCHOOL; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
• This legislation would explain the reasoning behind the Ordinance exemption above,
while carving an exception within Florida Statutes Section 562.45(2) (a) for distance
requirements for liquor establishments and their proximity to schools.
W 3 311:JLF/VMlmgc
Attachment(s)
c: Pedro G. Hernandez, City Manager
Elvi G. Alonso, Agenda Coordinator
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