City of Miami Beach - City Commission Meeting
Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
April 18, 2001

"Visit us on the internet at http://miamibeachfl.gov for current and past agendas"

ATTENTION ALL LOBBYISTS

Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney.

PA1 Proclamation/Dr. Weiss, Helping Needy Children through the Heiken Fund. (Kasdin) 1

PA2 Proclamation/33rd Anniversary of the Enactment of Federal Fair Housing Act. (Kasdin)

PA3 Cert. of Apprec./Major Steve Robbins, Rescuing a Choking Victim. (Kasdin)

PA4 Cert. of Apprec./Barreto, Childress, Thomas & Leyva, Winter Music Festival.

PA5 Proclamation/Community Development Wk Apr.16-21, 2001/Community Heroes. (Kasdin)

C2A Issue P.O., Purchase Banquet Tables for Convention Center, $33,558.75. 3

C2B BA 13-00/01, Construction of a New Portecochere for TOPA, $137,777. 5

C2C BA 14-00/01, Fabricate/Install Electrical Interior Signage for Convention Ctr., $100,000. 7

C2D BA 15-00/01, Purchase of (1) Back-Up Breathing Air Supply System, $37,281.95. 9

C2E Issue P.O., (4) 2001 Ford E-350 15 Passenger Vans, $90,491. 11

C2F Issue P.O., (2) Case 590M Backhoes, $134,639. 13

C4A Ref: Community Affairs Comm., PBA Request to Honor Fallen Officers. (Kasdin) 15

C4B Ref: Neighborhoods Comm., Lower N. Bay Road/Sunset Harbor Drive. (Smith/Garcia) 33

C4C Ref: Joint Fin. & CW Capital Proj. Comm. & Comm. Affairs, Rental Fee Waiver Policy. 45

C4D Ref: Finance & CW Proj. Comm., Service Agmt for Expan./Renov. of Colony Theater. 51

C4E Ref: Planning Board Comm., Include Office Use in the I-1, Industrial Zone. (Kasdin) 59

C7A Approve Placement (25) Banners for the 5th Brazilian Film Festival, May 5 - 29, 2001. 61

C7B Approve Placing a Plaque in Pinetree Park in Honor of Late Frosene Sonderling. 69

C7C Accept Recomm., Mgmt/Operation of Colony Theater, Concert Association. 73

C7D Accept Recomm., Provide Urban Design & A/E Services for La Gorce Island. 79

C7E Establish April 2001 at "Fair Housing Month" in CMB. 113

C7F Accept Donation from Charles E. Smith Realty, Create a Fire Dept. Honor Guard Unit. 117

C7G Accept Donation from Loews Hotel, Purchase Low Pressure Nozzles for Fire Dept. 119

C7H Execute Florida Statewide Mutual Aid Agmt for Reciprocal Emergency Aid. 121

C7I Appropriate Undesignated Funds to Reserve for Contingencies in General Fund. 153

C7J Issue RFP, Provide Tennis Mgmt/Operation Serv. at Flamingo/N. Shore Tennis Ctrs. 155

C7K Accept Donation from St. Patrick School, Canine Protective Vest for Police Dept. 171

C7L Approve Retroactive Filing of Grant Application, ACops More 2001" Program. 173

C7M Adopt 3rd Amendment to Police Confiscation Fund for FY 2000/01, $305,567. 235

C7N Provide Informational Report for all City Contracts Ext./Renew. Over $25,000. 241

C7O Accept Recomm., A/E Services of N. Bch Rec. Corridor/Allison & Band Shell Parks. 243

C7P Approve Serv. Agmt, Community Involvement/Liaison Consultant for Collins Avenue. 249

C7Q Approp. Funds/Execute Agmt, Constr. Mgmt at Risk for Fire St. # 2 Renov./Expan. 255/SM

C7R Accept Recomm., Broker/Agent, City's Group Medical Insurance Needs. 265/SM

C7S Execute Interlocal Agmt w/ Miami-Dade County, Disabled Permit Parking Fine Grant. 267

C7T Set Pub. Hrg. on 5/16/01, Lease Agmt w/ Concert Assoc. - 1130 Washington Ave. A

C7U Set Pub. Hrg. on 5/16/01, Lease Agmt w/ 11th Judicial Circuit - 1130 Washington Ave. A

R5A 10:30 a.m., 1st Rdg, Designate Pinetree Drive Historic Roadway as an Historic Site. 5/7 283

R5B 10:45 a.m., 2nd Rdg, Establish Living Wage Requirements - City Contracts/Employees. 345

R5C 1st Rdg, Amend Ordinance 789, Classified Employees Salary. 367

R5D 1st Rdg, Amend Ordinance 1605, Unclassified Employees Salary. 375

R5E 11:15 a.m., 2nd Rdg, Establish Criteria for Special Events Permits. 391

R5F 11:30 a.m., 2nd Rdg, Establish Criteria for Issuing Permits for Film/Print Productions. 423

R5G 1st Rdg, Communications Facilities in Public ROW's. 455

R6A Report: Community Affairs Committee Meeting of March 19, 2001. 479

R6B Report: Community Affairs Committee Meeting of April 9, 2001. 483

R6C Report: Finance & Citywide Projects Committee Meeting of March 20, 2001. 487

R6D Report: Land Use & Development/Finance CWP Committee Meeting of April 9, 2001. 491

R6E Report: G.O. Bond Oversight Committee Meeting of April 2, 2001. 493

R7A 11:00 a.m. Pub Hrg., Waive Regs.,CCC-Zoning Dist., Proposed Signs/MBCC. 5/7 497

R7B Establishing Criteria for Mgmt of Permits for Special Events. 513

R7C Establish Criteria for Mgmt of Permits for Film & Print Photography. 537

R7D 2:00 p.m., Accept Recomm., Develop (4) Acres of City-Owned Prop. "72nd Str. Site". 559

R7E Approp. Undesignated Fund Balance, Acquisition of Byron Carlyle Theater. 571

R7F 4:30 p.m., Execute Agmt w/ MB Garden Conservancy, Mgmt of Botanical Garden. 5/7 575

R7G Execute Serv. Agmt w/ Adshel, Maintain Directory Structures in Lincoln Road. 617

R7H Appropriate G.O. Bond Funds, Replacement of Beachfront Bathrooms at 29th Street. 653

R7I Award Contract to (C3TS), A/E Services, Replace Bathrooms/Concession Facilities. 5/7 659

R7J Approve Amendment to 1998 Concept Plan for SSDI North. 665

R7K Joint, Execute Agmt, Site Analysis/Plan for 17th St./Washington Parking Lots. 669/SM

R9A Board and Committee Appointments. 671

R9A1 Disc. Health Advisory Committee/Appointments. 719

R9A2 Disc. Appointing J. Clearwater to Art in Public Places Committee. (Liebman) 721

R9B1 1:30 p.m., Dr. Stanley Sutnick Citizen's Forum. 725

R9B2 5:30 p.m., Dr. Stanley Sutnick Citizen's Forum. 725

R9C Noon Break, Committee of the Whole Mtg re: FY 2001/02 Budget, Mayor/Comm. 727

R9D Disc. Duany Plater-Zyberk Plan Status Report. (Kasdin) 729

R9D1 Status Report on Implementation of Duany Plater-Zyberk Plan in N. Bch. 731

R9E Disc. Reso re: "Amber Alert" Program - Public Notice of Child Abductions. (Kasdin) 735

R9F Disc. Creation of Sunset Harbour Task Force. (Liebman) 741

R9G Disc. Progress Report on the Status of Regional Library. (Garcia) 745

R9H Disc. Request from Music Fest Miami, Support N. Shore Prk Event. (Liebman) 747

R9I Disc. Current Process of Meter Reading & Billing. (Garcia) 749

R9J Disc. Pump Station Project at 28th Street. (Garcia) 751

R9K 5:00 p.m., Disc. Convention Center Development Tax. (Smith) 753/SM

R9K1 Convention Ctr. Development Tax - Execute Memorandum of Agmt w/ County. SM

R9L Disc. Reso. Disposition of (2/3rds) Portion of Conv. Devlp't Tax for (MBCC/TOPA) 755

R9M Disc. Recent Court Action Involving the Save Miami Beach Charter Amendment.(Dermer) A

R9N Disc. Direct Mgr to Study the Risk/Benefits of Making Alton Rd. a City Street. (Dermer) A

R9O Disc. Waive Parking/Bag Meter Fees, Little Acorns 6th Annual Int'l Kite Festival. (Garcia) A

R9P Disc. Place 25 Banners for Miami Gay & Lesbian Film Festival. (Garcia) A

 

CITY ATTORNEY REPORTS

R10A Noon Break, Executive Session: American Riviera Real Estate Company vs. CMB. 761

 

REPORTS AND INFORMATIONAL ITEMS

A City Attorney's Status Report. 763

B Status Report on Collins Park Cultural Center. 773

C Parking Status Report. 783

D Informational Report on All City Contracts for Renewal or Extensions Over $10,000. 807

E 9:30 a.m., Indian Creek Greenway Proj. - Update for Gifting on Out-Lots in the City. 809

F Status Report on Fire Station No. 2 and 4. 811

REDEVELOPMENT AGENCY ITEMS - 10:00 A.M.

2A Report of Itemized Revenues/Expenditures of RDA for February 28, 2001. 1

2B Monthly Report on Parking Operations, Anchor Shops & Parking for February 2001. 3

3A Joint, Execute Agmt, Site Analysis/Plan for 17th St. & Washington Parking Lots. 7/SM

3B Ref: Finance & Citywide Proj. Comm., Approp. Tax Increment Revenues, Colony Theatre. 9

 

Call to Order - 9:27 a.m.

Inspirational Message given by Dr. Annette Jones, St. John's United Methodist Church

Pledge of Allegiance led by Victor Díaz

Requests for Additions, Withdrawals, and Deferrals

 

PA - Presentations and Awards

PA1 Proclamation to be Presented to Dr. Herbert Weiss for his Commitment to Helping Children through the Heiken Fund which Distributes Glasses to Needy Children. (Page 1)

(Requested by Mayor Neisen Kasdin)

ACTION: Proclamation presented.

 

PA2 Proclamation to be Presented to Mark the Thirty-Third Anniversary of the Enactment of the Federal Fair Housing Act.

(Requested by Mayor Neisen Kasdin)

ACTION: Proclamation presented.

 

PA3 Certificate of Appreciation to be Presented to Major Steve Robbins Commending his Actions in Utilizing the Heimlich Maneuver to Rescue a Choking Victim.

(Requested by Mayor Neisen Kasdin)

ACTION: Certificate of Appreciation presented.

 

PA4 Certificates of Appreciation to be Presented to Chief Barreto, Al Childress, Robert Thomas and Dennis Leyva for their Work Efforts During the Winter Music Festival.

(City Manager's Office)

ACTION: Certificates of Appreciation presented.

 

PA5 Proclamation to be Presented for Community Development Week April 16 - 21, 2001 in Recognition of Community Heroes.

(Requested by Mayor Neisen Kasdin)

ACTION: Proclamation and plaques presented.

 

Mayor Kasdin recognized Miami-Dade County Commissioner Dr. Barbara Carey-Schuler who was in the audience.

ADDENDUM ITEMS:

ACTION: Motion made by Commissioner Bower to add C7T, C7U, R9M, R9N and R9O, and as emergency items; seconded by Commissioner Cruz; Voice vote: 7-0. At the request of the Administration, item R9P was withdrawn.

Motion made by Commissioner Liebman to add, as an emergency item, a resolution opposing the billboard industry provision eliminating the authority of a City to regulate off-premise outdoor advertising signs.; seconded Commissioner Bower; Voice vote: 7-0.

9:14 pm.

ACTION: Motion made by Commissioner Liebman to instruct the City's State Lobbyists to record the City of Miami Beach as opposing the billboard industry provision eliminating the authority of a City to regulate off-premise outdoor advertising signs; seconded by Commissioner Bower; Voice vote: 5-0; Absent: Mayor Kasdin and Commissioner Cruz. Kevin Crowder to notify State Lobbyist.

Handout:

1. Letter from Michael Sittig, Executive Director, Florida League of Cities, Inc., to Selected City Officials, Dated April 11, 2001, RE: Bills to change municipal regulations of off-premise signs moving quickly through legislature

2. Fax Letter, dated April 20, 2001, from Wilton Rooks, Citizens for a Scenic St. Johns, Inc., to "Please deliver to all Commissioners and Staff Attorney."

CONSENT AGENDA

ACTION: Motion made by Commissioner Bower to approve the Consent Agenda; seconded by Commissioner Cruz; Voice vote: 7-0.

 

C2 - Competitive Bid Reports

9:05 pm. 4t 1327

C2A Commission Memorandum No. 193-01 (Page 3)

Request for Approval to Issue a Purchase Order to Palmer Snyder, Inc., in the Amount of $33,558.75, Pursuant to State of Florida Contract No. 420-420-98-1 for the Purchase of Banquet Tables for the Miami Beach Convention Center.

(Convention Center)

ACTION: Separated for discussion by Vice-Mayor Garcia. Award authorized. Discussion held. Heard in conjunction with C2B and C2C. Gus Lopez to issue a Purchase Order. Motion made by Commissioner Dermer to approve; seconded by Vice-Mayor Garcia; Voice 6-0; Absent: Mayor Kasdin. Mayra Diaz Buttacavoli to handle.

 

9:05 pm. 4t 1327

C2B Commission Memorandum No. 194-01 (Page 5)

Request for Approval to Award a Contract to Capricorn Construction Corp., in the Amount of $137,777, Pursuant to Bid No. 13-00/01 for the Construction of a New Portecochere for the Jackie Gleason Theater of the Performing Arts (TOPA).

(Convention Center)

ACTION: Separated for discussion by Vice-Mayor Garcia. Discussion held on both item C2B and C2C. Award Authorized.

Motion made by Commissioner Bower; seconded by Commissioner Dermer to refer the item to the Convention Center Capital Projects Oversight Committee. Discussion held. Commissioner Bower withdrew her motion.

Motion made by Commissioner Liebman to approve both C2B and C2C; seconded by Commissioner Bower; Voice vote 4-1; Opposed :Vice-Mayor Garcia; Absent: Mayor Kasdin and Commissioner Cruz. Mayra Diaz Buttacavoli to handle.

 

9:05 pm. 4t 1327

C2C Commission Memorandum No. 195-01 (Page 7)

Request for Approval to Award a Contract to Stanley Industries, Inc., in the Amount of $100,000, Pursuant to Bid No. 14-00/01 for the Fabrication and Installation of Electrical Interior Signage for the Miami Beach Convention Center.

(Convention Center)

ACTION: Separated for discussion by Vice-Mayor Garcia. Discussion held on both item C2B and C2C. Award Authorized. See motion item C2B. Mayra Diaz Buttacavoli to handle.

 

C2D Commission Memorandum No. 196-01 (Page 9)

Request for Approval to Issue a Purchase Order to United Compressor, Inc., in the Amount of $37,281.95, Pursuant to Bid No. 15-00/01 for the Purchase of One (1) Back-Up Breathing Air Supply System for the City of Miami Beach Fire Department.

(Fire Department)

ACTION: Award authorized. Gus Lopez to issue a Purchase Order. Chief Jordan to handle.

 

C2E Commission Memorandum No. 197-01 (Page 11)

Request for Approval to Issue a Purchase Order to Duval Ford, in the Amount of $90,491, Pursuant to the Florida Sheriff's Association Bid No. 00-08-0905 for the Purchase of Four (4) 2001 Ford E-350 15 Passenger Vans.

(Public Works)

ACTION: Award authorized. Gus Lopez to issue a Purchase Order. Drew Terpak to handle.

 

C2F Commission Memorandum No. 198-01 (Page 13)

Request for Approval to Issue a Purchase Order to Briggs Equipment, in the Amount of $134,639, Pursuant to the State of Florida Contract No. 760-011-991 for the Purchase of Two (2) Case 590M Backhoes.

(Fleet Management)

ACTION: Award authorized. Gus Lopez to issue a Purchase Order. Drew Terpak to handle.

 

C4 - Commission Committee Assignments

C4A Referral to the Community Affairs Committee - Request from Miami-Dade County Police Benevolent Association (PBA) for Consideration of Honoring Fallen Officers. (Page 15)

(Requested by Mayor Neisen Kasdin)

ACTION: Referred. Judy Hoanshelt to place on committee agenda.

8:34 pm. 4t 427

C4B Commission Memorandum No. 199-01 (Page 33)

Referral to the Neighborhoods Committee - Discussion Regarding the Lower North Bay Road/Sunset Harbor Drive "No Left Turn" Sign.

(Requested by Commissioner Jose Smith and Vice-Mayor Luis R. Garcia, Jr.)

ACTION: Separated for discussion by Vice-Mayor Garcia. Discussion held. Referred.

Motion made by Commissioner Dermer to refer the item; seconded by Commissioner Bower; Voice vote: 5-0; Absent: Mayor Kasdin and Commissioner Cruz. Ronnie Singer to place on committee agenda.

Handout:

1. Letter from Lower North Bay Road Homeowners Association, Brad Krassner, President, and Sherri Krassner, Secretary, to Mayor Kasdin and Members of the City Commission, dated April 17, 2001

2. Letter from Sergio Rodriguez, to Richard Rosichan, Provisional President, Lower Alton Road Coalition, dated March 29, 1999.

 

C4C Commission Memorandum No. 200-01 (Page 45)

Referral to a Joint Meeting of the Finance and City Wide Capital Projects Committee and the Community Affairs Committee for a Review, Discussion and Direction of the Proposed Guidelines Establishing Rental Fee Waivers Requested by Qualified Groups, Organizations or Other Users of the Miami Beach Parks and Recreation Department's Parks and Recreation Facilities.

(City Manager's Office)

ACTION: Referred. Patricia Walker and Judy Hoanshelt to coordinate a meeting and place on committee agenda.

 

C4D Commission Memorandum No. 201-01 (Page 51)

Referral to the Finance and Citywide Projects Committee to Consider an Amendment in the Amount of $61,436 to the Professional Services Agreement Between the City of Miami Beach and the State of Florida, Department of Management Services, for Construction Management of the Expansion and Renovation of the Colony Theater, for a Total Amended Contract Amount of $111,336, in Accordance with the Provisions Set Forth in the Agreement.

(Community/Economic Development)

ACTION: Referred. Patricia Walker to place on committee agenda.

C4E Referral to the Planning Board Committee to Consider Including Office Use in the I-1, Industrial Zone. (Page 59)

(Requested by Mayor Neisen Kasdin)

ACTION: Referred. Jorge Gomez to place on committee agenda.

Commissioner Liebman requested that clubs and bars be included in the referral.

 

C7 - Resolutions

C7A Commission Memorandum No. 202-01 (Page 61)

A Resolution Approving and Authorizing the Placement of Twenty-Five (25) Banners for the 5th Brazilian Film Festival in Miami Beach, to Be Held May 19, 2001, to May 26, 2001; as Requested by the Applicant at the Following Locations: Macarthur Causeway, Between the Miami Beach City Limit and Alton Road; 5th Street, Between Alton Road and Ocean Drive; Collins Avenue, Between Lincoln Road and 17th Street; Alton Road, Between 16th and 17th Street; Said Banners to Be Affixed to Light Poles in the Public Right-of-Way, Measuring 3' X 7' and Having Copy and Design as Shown on the Attached Drawings, to Be Installed and Removed in Accordance with All Other Applicable City Requirements; the Administration Further Recommends That These Banners Be Installed No Earlier than May 5, 2001, and Removed by May 29, 2001.

(Arts, Culture & Entertainment)

ACTION: Resolution No. 2001-24319 adopted. James Quinlan to handle.

 

6:51 pm. 3t 2730

C7B Commission Memorandum No. 203-01 (Page 69)

A Resolution Approving the Placement of a Plaque in Pinetree Park in Honor of the Late Frosene Sonderling.

(City Manager's Office)

ACTION: Item separated for discussion by Commissioner Smith. Resolution No. 2001-24320 adopted. Motion made by Commissioner Bower; seconded by Commissioner Smith; Voice vote: 7-0; Judy Hoanshelt to handle.

ACTION: Included in the motion to approve is the request of Commissioner Smith to refer to the Community Affairs Committee the requirement that individual nominees will not be consider for a plaque until they have been deceased for no less than 5 years (see Resolution 98-23004). Judy Hoanshelt to place on agenda.

C7C Commission Memorandum No. 204-01 (Page 73)

A Resolution Accepting the Recommendation of the City Manager Pertaining to the Sole Proposal Received in Response to Request for Proposals (RFP) No. 86-/99-00, for the Management and Operation of the Colony Theatre; Authorizing the Administration to Negotiate an Agreement with the Concert Association; and If Unsuccessful in Negotiating an Agreement with the Concert Association, Authorizing the Administration to Issue New RFP for the Management and Operation of the Colony Theatre.

(City Manager's Office)

ACTION: Resolution No. 2001-24321 adopted. Christina Cuervo and Joe Damien to handle.

 

C7D Commission Memorandum No. 205-01 (Page 79)

A Resolution Accepting the Recommendation of the City Manager Pertaining to the Ranking of the Proposals Received in Response to Request for Qualifications (RFQ) No. 10-00/01, to Provide Urban Design, Landscape Architecture, and Engineering Services for Planning, Design, and Construction Services for Streetscape, and Utility Improvements, with Regard to La Gorce Island; Authorizing the Administration to Enter into Negotiations with the Top Ranked Firm of Reynolds, Smith and Hill, Inc.; and If Unsuccessful in Negotiating a Contract with the Most Qualified Firm, Authorize the Administration to Negotiate a Contract with the Second Most Qualified Firm, Carney-Neuhaus; and If Unsuccessful in Negotiating a Contract with the Second Most Qualified Firm, Authorize the Administration to Negotiate a Contract with the Third Most Qualified Firm, Bermello Ajamil & Partners.

(City Manager's Office)

ACTION: Resolution No. 2001-24322 adopted. Matthew Schwartz to handle.

 

C7E Commission Memorandum No. 206-01 (Page 113)

A Resolution Establishing April 2001 as "Fair Housing Month" in the City of Miami Beach.

(Community/Economic Development)

ACTION: Resolution No. 2001-24323 adopted. Miguell Del Campillo to handle.

 

C7F Commission Memorandum No. 207-01 (Page 117)

A Resolution Accepting a Donation of $1,000 from the Charles E. Smith Realty Companies to be Used for the Creation of a Miami Beach Fire Department Honor Guard Unit.

(Fire Department)

ACTION: Resolution No. 2001-24324 adopted. Chief Jordan and Patricia Walker to handle.

 

C7G Commission Memorandum No. 208-01 (Page 119)

A Resolution Accepting a Donation of $5,000 from the Loews Miami Beach Hotel to Be Used for the Purchase of Low Pressure Nozzles for Use by the Miami Beach Fire Department.

(Fire Department)

ACTION: Resolution No. 2001-24325 adopted. Chief Jordan and Patricia Walker to handle.

 

C7H Commission Memorandum No. 209-01 (Page 121)

A Resolution Authorizing the Mayor and the City Clerk to Execute the Florida Statewide Mutual Aid Agreement for Reciprocal Emergency Aid and Assistance.

(Fire Department)

ACTION: Resolution No. 2001-24326 adopted. Chief Jordan to handle.

 

C7I Commission Memorandum No. 210-01 (Page 153)

A Resolution Appropriating an Additional $921,000 to the Reserve for Contingencies in the General Fund from the Undesignated Fund Balance of the General Fund.

(Management & Budget)

ACTION: Resolution No. 2001-24327 adopted. Patricia Walker to handle.

City Clerk's note: Resolution 96-22014 calls for the reserve to remain at 11% of the General Fund Operating Budget for the current fiscal year. This appropriation will bring the reserve to the required amount of $14,188,887

 

7:08 pm. 3t 3381

C7J Commission Memorandum No. 211-01 (Page 155)

A Resolution Authorizing the Administration to Issue a Request for Proposals (RFP) to Provide Comprehensive Professional Tennis Management and Operations Services at the City's Flamingo Park and/or North Shore Park Tennis Centers.

(Parks & Recreation)

ACTION: Separated for discussion by Mayor Kasdin. Discussion held.

Motion made by Commissioner Bower to issue the RFP; seconded by Commissioner Liebman; no vote taken.

Motion by Commissioner Bower was amended to refer the RFP to a joint meeting of the Community Affairs Committee and the Finance and Citywide Projects Committee and to place on the next Commission agenda; seconded by Commissioner Liebman; Voice vote: 7-0. Judy Hoanshelt and Patricia Walker to place on agenda. Kevin Smith to handle. Judy Hoanshelt to place on next Commission Agenda.

Handout:

1. Speakers List

 

C7K Commission Memorandum No. 212-01 (Page 171)

A Resolution Accepting a Donation From the Saint Patrick Parish School, Guardian Angel Program, of One Millennium Canine Protective Ballistic Vest, Valued at Approximately $750, for Use by the Miami Beach Police Department.

(Police Department)

ACTION: Resolution No. 2001-24329 adopted. Chief Barreto to handle.

 

C7L Commission Memorandum No. 213-01 (Page 173)

A Resolution Retroactively Authorizing the Filing of an Application for a Grant, and If Funded, Authorizing the Budgeting and Expenditure of Funds, in the Amount of $471,700, Under the United States Department of Justice, "Cops More 2001" Program.

(Police Department)

ACTION: Resolution No. 2001-24330 adopted. Chief Barreto and Patricia Walker to handle.

 

C7M Commission Memorandum No. 214-01 (Page 235)

A Resolution Adopting the Third Amendment to Police Confiscation Trust Fund for Fiscal Year 2000/01, in the Amount of $305,567, to be Funded from the Proceeds of State Confiscation Funds.

(Police Department)

ACTION: Resolution No. 2001-24331 adopted. Chief Barreto and Patricia Walker to handle.

 

C7N Commission Memorandum No. 215-01 (Page 241)

A Resolution Providing that All Existing City Contracts with Renewals, or Pursuant to Change Orders Exceeding $25,000, and All Extensions or Renewals of Such Contracts, Shall be Presented as an Informational Report to the Mayor and City Commission, At Least 180 Days Prior to the Contract Extension or Renewal Date.

(Procurement)

ACTION: Resolution No. 2001-24332 adopted. Gus Lopez to handle.

City Clerk's Note: The title of the Commission Memorandum and the Resolution do not match. The Resolution should contain the language "A Resolution Amending Resolution No. 2000-24141........."

 

C7O Commission Memorandum No. 216-01 (Page 243)

A Resolution Accepting the Recommendation of the City Manager Pertaining to the Ranking of the Proposals Received in Response to Request for Qualifications (RFQ) No. 20-00/01 for Professional Architectural and Engineering Services for Design, Permitting and Construction Management of the North Beach Recreational Corridor and Renovation of the Adjoining Allison and Band Shell Parks; Authorizing the Administration to Enter into Contract Negotiations with the Most Qualified Firm of Coastal Systems International, Inc. and if Unsuccessful in Negotiating a Contract with the Most Qualified Firm, Authorize the Administration to Negotiate a Contract with the Second Most Qualified Firm of C3TS; and if Unsuccessful in Negotiating with the Second Most Qualified Firm, Authorize the Administration to then Negotiate with the Third Most Qualified Firm of Kimley Horn and Associates, Inc.

(Public Works)

ACTION: Resolution No. 2001-24333 adopted. Matthew Schwartz to handle.

 

C7P Commission Memorandum No. 218-01 (Page 249)

A Resolution Approving an Assignment of the Professional Services Agreement for the Performance of Community Involvement/Liaison Consultant Services for the Collins Avenue Reconstruction Project, Dated March 2, 2001; Said Assignment Transferring All of the Services Currently Performed by Bridge House/Communikatz Joint Venture, to Communikatz, Inc., as Provided for under Sections 4.12 and 4.19 of the Agreement.

(Transportation/Concurrency Management)

ACTION: Resolution No. 2001-24334 adopted. Joseph Johnson to handle.

 

C7Q Commission Memorandum No. 219-01 (Page 255)

A Resolution Appropriating Funds, in the Amount of $36,500, from the General Obligation Bond Program, Authorizing the Mayor and City Clerk to Execute a Professional Services Agreement for Pre-Construction Services, in the Amount of $36,500, with the Number One Ranked Firm of Jasco Construction Company, Pursuant to Request for Qualifications (RFQ), No. 117-99/00 for Construction Management at Risk for the Fire Station No. 2 Renovation and Expansion; and Further Appropriating Funds, in the Amount of $50,000 from the General Obligation Bond Program and Testing Services, for the Fire Station No. 2 Renovation and Expansion.

(Public Works)

ACTION: See Supplemental Materials. Resolution No. 2001-24335 adopted. Mayra Diaz Buttacavoli, Jorge Chartrand, and Patricia Walker to handle.

 

C7R Commission Memorandum No. 220-01 (Page 265) See Supplemental Materials

A Resolution Accepting the Recommendations of the City Manager and Authorizing the Administration to Enter into Negotiations and, if Successful, Authorizing the Mayor and City Clerk to Execute a Contract with the Most Qualified Firm of Arthur J. Gallagher and Co., Pursuant to Request for Qualifications (RFQ) No.11-00/01 for Broker/Agent Services to Provide Assistance in Determining the City's Group Medical Insurance Needs with an Estimated Annual Fee for the First Year Not to Exceed $30,000 if the City Continues Group Medical Insurance with Humana, or an Estimated Annual Commission Not to Exceed $200,000 if the City Obtains Group Medical Insurance from Other Sources; with Options to Renew for Three Years; Should the Administration be Unable to Reach Agreement with Arthur J. Gallagher and Co., Authorizing the Administration to Enter into Negotiations with the Second Most Qualified Firm of Morris and Reynolds Insurance.

(Risk Management)

(To Be Submitted)

ACTION: See Supplemental Materials. Resolution No. 2001-24336 adopted. Cliff Leonard to handle.

Note: The title in the original Commission Agenda and the title of the item in the Supplemental Materials is different. This document reflects the revised title as submitted in the Supplemental Materials.

 

C7S Commission Memorandum No. 217-01 (Page 267)

A Resolution Authorizing the City Manager, or His Designee, to Execute, on Behalf of the City of Miami Beach an Interlocal Agreement with Miami-Dade County for the Purpose of Receiving the Miami-Dade County Disabled Permit Parking Fine Grant Award, in the Amount of $106,643.81, for Fiscal Year 1999-2000, and $97,437 for Fiscal Year 2000-2001; as Well as Authorizing the City Manager to Submit an Application to the County to Receive the Disabled Parking Fine Grant Award in the Amount of $97,437.21, to Execute the Grant Agreement if Awarded; and to Appropriate the Funds when Received.

(Public Works)

ACTION: Resolution No. 2001-24337 adopted. Michel Magliore and Patricia Walker to handle.

 

ADDENDUM ITEM:

C7T Commission Memorandum No. 253-01 (Addendum)

A Resolution Setting a Public Hearing on May 16, 2001, to Consider a Lease Agreement with the Concert Association of Florida, Inc., for the Lease of a Portion of the City-Owned Property Located at 1130 Washington Avenue, Miami Beach, Florida, Including the Proposed Waiver of the Competitive Bidding and Appraisal Requirements, as Set Forth in Section 82-39 of the Miami Beach City Code.

(Community/Economic Development)

ACTION: Resolution No. 2001-24338 adopted. R. Parcher to notice. Judy Hoanshelt to place on agenda. Christina Cuervo to handle.

 

ADDENDUM ITEM:

C7U Commission Memorandum No. 254-01 (Addendum)

A Resolution Setting a Public Hearing on May 16, 2001, to Consider a Lease Agreement with the Administrative Office of the Courts, Eleventh Judicial Circuit, Domestic Violence Intake Unit, for the Lease of a Portion of the City-owned Property Located at 1130 Washington Avenue, Miami Beach, Florida, Including the Proposed Waiver of the Competitive Bidding and Appraisal Requirements, as Set forth in Section 82-39 of the Miami Beach City Code.

ACTION: Resolution No. 2001-24339 adopted. R. Parcher to notice. Judy Hoanshelt to place on agenda. Christina Cuervo to handle.

End of Consent Agenda

REGULAR AGENDA

R5 - Ordinances

11:00 a.m. t1 3080

R5A Commission Memorandum No. 221-01 (Page 283)

Designation of the Pinetree Drive Historic Roadway as an Historic Site

An Ordinance Amending the Land Development Regulations of the Miami Beach City Code; by Amending Section 118-593(E), Entitled "Delineation on Zoning Map" by Designating a Portion of the Public Right-of-Way of Pinetree Drive as an Historic Site to Be Known as the "Pinetree Drive Historic Roadway," Generally from 30th Street to 46th Street, as More Particularly Described in the Ordinance; Providing That the City's Zoning Map Shall Be Amended to Indicate That Portion of Pinetree Drive as an Historic Site; Adopting the Designation Report Attached as Appendix "A"; Providing for Inclusion in the Land Development Regulations of the City Code, Repealer, Severability, and an Effective Date. 10:30 a.m. First Reading, Public Hearing

(Planning Department)

ACTION: Public hearing held. Discussion held. Ordinance approved on first reading as amended

Motion made by Vice-Mayor Garcia to amend the ordinance by extending the boundary to include the obelisk; seconded by Commissioner Liebman; Voice vote: 7-0.

Motion made by Commissioner Bower to approve the ordinance as amended above; seconded by Commissioner Liebman; Ballot vote: 7-0. Second Reading and second Public Hearing scheduled on May 16, 2001 at 5:01 p.m. R. Parcher to Notice. Judy Hoanshelt to place on agenda. Jorge Gomez to handle.

Legal Department to determine if this amendment impacts the historic designation. See item R9J.

Handouts:

1. Newspaper notice

 

11:10 a.m. t1 3408

R5B Commission Memorandum No. 222-01 (Page 345)

An Ordinance Creating Division 6, to Be Entitled "Living Wage Requirements for City Service Contracts and City Employees", of Article VI, Entitled "Procurement," of Chapter 2 of the Miami Beach City Code Entitled "Administration", by Establishing a Living Wage Requirement for City Service Contracts and Establishing a Living Wage for City Employees; Providing for Repealer, Severability, Codification, and an Effective Date. 10:45 a.m. Second Reading, Public Hearing

(Human Resources)

ACTION: Public hearing held. Ordinance Number 2001-3301 adopted as amended. Motion made by Commissioner Bower; seconded by Commissioner Cruz; Ballot vote: 7-0. R. Parcher to transmit to Municipal Code Corporation. Gus Lopez and Mary Greenwood to handle.

Amendment: Section 2-407 (e) (2) "....Covered Services subject to this Division regardless of the value of the contract."

Handouts:

1. Newspaper notice

 

12:15 p.m. t1 6364

R5C Commission Memorandum No. 223-01 (Page 367)

An Ordinance Amending Ordinance No. 789, the Classified Employees Salary Ordinance, by Deleting Sections 1 of Ordinance No. 789, as Amended by Ordinance 2000-3251 and Substituting therefor a New Section 1, Increasing the Minimum and the Maximum of the Salary Range by 3.25% for Group VI of the Classified Employees, for those Classifications in Group VI, Being in the Classified Service, Effective with the Pay Period Beginning April 23, 2001; Providing for a Repealer, Severability, Codification, and Effective Dates. First Reading

(Human Resources)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Bower; seconded by Commissioner Cruz; Ballot vote: 7-0; Second Reading and Public Hearing scheduled on May 16, 2001. R. Parcher to Notice. Judy Hoanshelt to place on agenda. TC Adderly to handle.

 

12:16 p.m. t1 6369

R5D Commission Memorandum No. 224-01 (Page 375)

An Ordinance Amending Ordinance No. 1605, the Unclassified Employees Salary Ordinance, by Deleting Sections 1 and 2 of Ordinance No. 1605, as Amended by Ordinance 2000-3252 and Substituting therefor a New Section 1, Increasing the Minimum and the Maximum of the Salary Range by 3.25% for the Unclassified Employees Effective with the Pay Period Beginning April 23, 2001; Providing for a Repealer, Severability, Codification, and Effective Dates. First Reading

(Human Resources)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Bower; seconded by Commissioner Liebman; Ballot vote: 7-0; Second Reading and Public Hearing scheduled on May 16, 2001. R. Parcher to Notice. Judy Hoanshelt to place on agenda. TC Adderly to handle.

 

11:45 a.m. t1 4874

R5E Commission Memorandum No. 225-01 (Page 391)

An Ordinance Creating Chapter 12, Article II of the Miami Beach City Code to Be Entitled "Special Events," Creating Section 12-5, Entitled "Special Events Permits," Establishing Procedures and Criteria for the Management of Special Events Permits; Authorizing the City Manager or the Manager's Designee to Issue, Modify, or Revoke Special Events Permits; Providing for Enforcement and Penalties; Amending Section 46-156(A) Concerning Temporary Noise Permits; Providing for Inclusion in the Code of the City of Miami Beach; Providing for Repealer, Severability and an Effective Date.

11:15 a.m. Second Reading, Public Hearing

(Arts, Culture & Entertainment)

(Hear in Conjunction with R7B)

ACTION: Public hearing held. Ordinance Number 2001-3302 adopted. Motion made by Commissioner Bower; seconded by Commissioner Cruz; Ballot vote: 7-0. R. Parcher to transmit to Municipal Code Corporation. James Quinlan to handle.

ACTION: As part of the motion the issue of "on-going events" versus "special events" was referred to Community Affairs Committee. Judy Hoanshelt to place on agenda. James Quinlan to handle.

City Clerk's note: Cross-reference: Markets - see March 28, 2001 (R5B)

Handouts:

1. Newspaper notice

11:49 a.m. t1 5056

R5F Commission Memorandum No. 226-01 (Page 423)

An Ordinance Creating Chapter 12, Entitled "Arts, Culture & Entertainment", and Article I, Entitled "Film and Print Production", in the Miami Beach City Code, Creating Section 12-1, Entitled "Permits for Film and Print Productions@, Establishing Procedures and Criteria for the Issuance of Permits for Film and Print Photography in the City; Authorizing the City Manager or the Manager's Designee to Grant Film and Print Permits; Providing for Enforcement and Penalties; Amending Section 46-156(A) Concerning Temporary Noise Permits; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Providing for Repealer, Severability and an Effective Date. 11:30 a.m. Second Reading, Public Hearing

(Arts, Culture & Entertainment)

(Hear in Conjunction with R7C)

ACTION: Public hearing held. Ordinance Number 2001-3303 adopted. Motion made by Commissioner Bower; seconded by Commissioner Cruz; Ballot vote: 7-0. R. Parcher to transmit to Municipal Code Corporation. James Quinlan to handle.

Commissioner Liebman, referring to the Shawn Lewis event(s) and MODA, stated that the rights of the neighbors should not be negatively impacted. She requested an L.T.C. explaining why the Administration was not able to enforce an existing laws related to the complaints received. Chief Barreto and Al Childress to handle.

Handouts:

1. Newspaper notice

 

12:17 p.m. t1 6501

R5G Commission Memorandum No. 227-01 (Page 455)

An Ordinance Relating to Communications Facilities in Public Rights-of-Way; Providing for Title; Providing for Intent and Purpose; Providing for Definitions; Providing for Registration for Placing or Maintaining Communications Facilities in Public Rights-of-Way; Providing for Notice for Transfer, Sale or Assignment of Assets in Public Rights-of-Way; Providing for Placement or Maintenance of a Communications Facility in Public Rights-of-way; Providing for Suspension of Permits; Providing for Appeals; Providing for Involuntary Termination of Registration; Providing for Existing Communications Facilities in Public Rights-of-Way; Providing for Insurance; Providing for Indemnification; Providing for Construction Bond; Providing for Security Fund; Providing for Enforcement Remedies; Providing for Abandonment of a Communications Facility; Providing for Force Majeure; Providing for Reservation of Rights and Remedies; Repealing All Ordinances and Resolutions in Conflict Herewith; Providing for Severability; Providing for Codification; and Providing for an Effective Date. First Reading

(City Attorney's Office)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Bower; seconded by Vice-Mayor Garcia; Ballot vote: 7-0; Second Reading and Public Hearing scheduled on May 16, 2001. R. Parcher to Notice. Judy Hoanshelt to place on agenda. Legal Department to handle.

R6 - Commission Committee Reports

 

R6A Commission Memorandum No. 228-01 (Page 479)

Report of the Community Affairs Committee Meeting of March 19, 2001: 1) Discussion Regarding the Adoption of Special Events Policies and Procedures; 2) Request to Honor Michael Graves for His Outstanding Achievements in the Preservation and Enhancement of the Miami Beach Historical District.

ACTION: Not reached.

 

R6B Commission Memorandum No. 229-01 (Page 483)

Report of the Community Affairs Committee Meeting of April 9, 2001: 1) Discussion Regarding the Appropriate Utilization of Government Cable Channel 20; 2) Discussion Regarding Honoring the Late Mr. Jerome Greene.

ACTION: Not reached.

 

R6C Commission Memorandum No. 230-01 (Page 487)

Report of the Finance and Citywide Projects Committee Meeting of March 20, 2001: 1) Bass Museum Status; 2) Citizen/Staff Task Force on Group Insurance; 3) Sources for the Cultural Arts Council (CAC); 4) Discussion on the Establishment of an Ordinance to Form an Enterprise Zone.

ACTION: Not reached.

 

R6D Commission Memorandum No. 231-01 (Page 491)

Report of the Joint Land Use and Development and Finance and Citywide Capital Projects Committee Meeting of April 9, 2001: 1) Review of a Proposed Ordinance with Regard to the Use of the Public Rights-of-Way by Communications Services Providers.

ACTION: Not reached.

City Clerk's Note: See Commission Agenda item R5G.

 

R6E Commission Memorandum No. 232-01 (Page 493)

Report of the G.O. Bond Oversight Committee Meeting of April 2, 2001: 1) Progress Status Report; 2) Report from Hazen and Sawyer; 3) Recommendation to Appropriate Funds for Washington Avenue Improvements; 4) Review of Scopes of Work/Sample Contract and Recommendation to Appropriate Funding for Architectural and Engineering Firms for Group I and II Streetscapes (Oceanfront, Islands, Bayshore, Normandy Shores, Nautilus, Normandy Isle and West Avenue/Bay Road); 5) Recommendation to Appropriate Funds for La Gorce Island Improvements; 6) Recommendation to Appropriate $175,000 from Street End Project for Replacement of Restroom at 29th Street; 7) Indian Creek Greenway Presentation; 8) Amendment to the Cone of Silence Ordinance.

ACTION: Not reached.

 

R7 - Resolutions

11:32 a.m. t1 4283

R7A Commission Memorandum No. 233-01 (Page 497)

A Resolution Waiving Development Regulations Applicable to the CCC-Zoning District, for the Installation of Nine (9) Proposed Signs Around the Miami Beach Convention Center, Including: One Main Identity Pylon at the Corner of 17th Street and Convention Center Drive, Six (6) Electronic Message Boards under the Canopies and Two (2) Small Pylon Signs near the Entrance to Halls "C" and "D," as Follows: for the Main Identity Pylon Sign, to Increasing the Maximum Permissible Graphic Area and Reducing the Front and Side Setbacks; for the Electronic Message Boards, Increasing the Maximum Permissible Graphic Area; for all Signs with Electronic Message Boards, Waiving the Prohibition on the Use of Intermittent or Flashing Lights; and Waiving the Limitation of One Sign per Street Frontage on Convention Center Drive and Washington Avenue. 11:00 a.m. Public Hearing

(Public Works)

ACTION: Public Hearing held. Resolution No. 2001-24340 adopted and a referral to the Design Review Board was make requesting they reconsider adding the icon. Motion made by Commissioner Bower; seconded by Mayor Kasdin; Voice vote: 5-2; Opposed: Commissioners Cruz and Liebman. Jorge Gomez to place on committee agenda. Mayra Diaz Buttacavoli to handle.

Handouts/materials:

1. Six (6) color photos of the signage

2. Newspaper notice

 

11:49 a.m. t1 5056

R7B Commission Memorandum No. 234-01 (Page 513)

A Resolution Repealing Resolution No. 98-23003; Establishing Procedures and Criteria for the Management of Permits for Special Events in the City Through the Adoption of Special Events Requirements and Guidelines by Which Permits for Special Events May Be Issued, Modified or Revoked by the City Manager or the Manager's Designee.

(Arts, Culture & Entertainment)

(Hear in Conjunction with R5E)

ACTION: Resolution No. 2001-24341 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Bower; Voice vote: 7-0. James Quinlan to handle.

 

11:49 a.m. t1 5056

R7C Commission Memorandum No. 235-01 (Page 537)

A Resolution Establishing Procedures and Criteria for the Management of Permits for Film and Print Photography in the City Through the Adoption of Film and Print Regulations by which Permits for Film and Print Production May be Issued, Modified or Revoked by the City Manager or the Manager's Designee.

(Arts, Culture & Entertainment)

(Hear in Conjunction with R5F)

ACTION: Resolution No. 2001-24342 adopted. Motion made by Commissioner Bower; seconded by Vice-Mayor Garcia; Voice vote: 7-0. James Quinlan to handle.

 

2:37 pm. 2t 7641 and t3

R7D Commission Memorandum No. 236-01 (Page 559)

A Resolution Accepting the Recommendation of the City Manager Pertaining to the Ranking of the Proposals Received in Response to Request for Qualifications (RFQ) No. 5-00/01 for the Development of Approximately Four (4) Acres of City-Owned Property Known as the "72nd Street Site", Located Between Collins and Harding Avenues, from 72nd to 73rd Streets; Authorizing the Administration to Enter into Negotiations with the Most Qualified Firm, and If Unsuccessful in Negotiating a Contract with the Most Qualified Firm, Authorizing the Administration to Negotiate a Contract with the Second Most Qualified Firm; and If Unsuccessful in Negotiating a Contract with the Second Most Qualified Firm, Authorizing the Administration to Negotiate a Contract with the Third Most Qualified Firm, Said Firms Having Been Ranked as Follows: (1) The Related Group of Florida; (2) The Cornerstone/ Constructa Team; and (3) BAP Development.

(City Manager's Office)

(Deferred from March 28, 2001)

ACTION: Resolution No. 2001-24343 adopted.

Commissioner Cruz announced that a letter was received from the Law Offices of Geller, Geller, Shienvold, Fisher & Garfinkel. Upon Commissioner Cruz's request, Mr. Dubbin explained that Commissioner Cruz's firm provided financial services to a firm, to which one of the present applicants for the 72nd Street site has applied. The transaction involving Commissioner Cruz was completed some weeks ago. There is no present, continuing relationship between Commissioner Cruz and any of the other parties, and under those facts there are no violations of State, County or City laws.

Jorge Gonzalez, City Manager, explained that the Commission should select a qualified developer that has the qualifications, experience, and financial means to do the project rather than a proposal, to work with the City to determine the best utilization of the 72nd Street site. Emphasis should be placed on experience and financial capacity in order to make the decision.

Mr. Jerry Libbin, Selection Committee Chairperson spoke.

Presentation made by BAP (Willie Bermello)

Presentation made by The Related Group. (Jorge Perez)

Presentation made by the Cornerstone/Constructa Team. (Stuart Meyers / Marc Pietri / others)

Motion made by Commissioner Cruz to accept the Administration's recommendation; seconded by Vice-Mayor Garcia; Voice vote: 6-0; Abstained: Mayor Kasdin. Christina Cuervo to handle.

Handout:

1. Letter to Murray H. Dubbin, City Attorney, from Geller, Geller, Shienvold, Fisher & Garfinkel, dated April 18, 2001, RE: April 18, 2001 Agenda Item R7D, Appearance of possible conflicts of interest.

2. Form 8B filed by Mayor Kasdin.

3. Letter from Glenn Lazarus, Director, Millennium Capital, to Willy A. Bermello, President, BAP Development, dated 17, 2000, RE: Construction financing for Douglas Garand Project located at 1500 Douglas Road Coral Gables, Florida

4. Color booklet titled "North Beach Promenade", submitted by Cornerstone / Constructa J.V.

 

6:46 pm. 3t 2561

R7E Commission Memorandum No. 237-01 (Page 571)

A Resolution Appropriating $1,530,000, from the General Fund Undesignated Fund Balance, Representing the Balance of the Purchase Price Required Pursuant to the Contract for Sale and Purchase Between Theatre Realty, Inc. and the City of Miami Beach for the Acquisition of the Byron Carlyle Theater; Appropriating $12,000 from the General Fund Undesignated Fund Balance for Associated Closing Costs; and Further Appropriating $500,000 from the General Fund Undesignated Fund Balance to Perform the Necessary Repairs Required at the Theater upon Acquisition.

(City Manager's Office)

ACTION: Resolution No. 2001-24344 adopted. Motion made by Commissioner Bower; seconded by Commissioner Liebman; Voice vote: 6-0; Absent: Commissioner Dermer. Patricia Walker to handle.

 

6:05 pm. 3t 1186

R7F Commission Memorandum No. 238-01 (Page 575)

A Resolution Approving by 5/7th Vote, a Waiver of Competitive Bidding Requirement, Finding Such Waiver in the Best Interest of the City, and Herein Authorizing the Mayor and City Clerk to Execute a Management Agreement with the Miami Beach Garden Conservancy, Inc., for the Operation and Management of the City's Miami Beach Botanical Garden; Said Agreement to Commence Upon the Approval of the Operating Budget, for an Initial Term of Three (3) Years, with an Option, at the City's Discretion to Renew and Extend this Agreement for an Additional Two (2) Year Option Term, under All Terms and Conditions Contained in the Agreement.

(Parks and Recreation)

ACTION: Resolution No. 2001-24345 adopted as amended with language added as requested by Commissioner Smith. Motion made by Commissioner Liebman; seconded by Vice-Mayor Garcia; Voice vote: 7-0. Mayra Diaz Buttacavoli and Kevin Smith to handle.

Amendment: Section 13 of the Agreement: ".......infringed upon by any act of the conservancy. Activities conducted by the Conservancy on the Premises shall not interfere with the solemnity and respectful atmosphere of the adjacent Holocaust Memorial." Underlined language is to be added.

Handout:

1. Memorandum from Murray H. Dubbin to Commissioner Jose Smith, dated April 18, 2001, RE: Garden Center Conservancy Agreement - R7F. The memorandum contained the amendment language.

 

6:52 pm. 3t2790

R7G Commission Memorandum No. 239-01 (Page 617)

A Resolution Authorizing the Mayor and City Clerk to Execute a Professional Services Agreement with Adshel, Inc., Pursuant to Request for Proposals (RFP) No. 112-99/00, to Construct, Operate and Maintain Directory Structures in the Lincoln Road Area, Providing Directory Information, Location Maps, and Offering Advertising Space for Commercial Use, and Fabricate and Install Street Signs and Block Number Signs at Intersections along Lincoln Road.

(City Manager's Office)

ACTION: Resolution No. 2001-24346 adopted. Motion made by Commissioner Bower; seconded by Commissioner Liebman; Voice vote: 7-0. Ronnie Singer to handle.

ACTION: As part of the motion a referral of the revenues generated by the advertising was referred to the Finance and Citywide Projects Committee. Patricia Walker to place on the committee agenda.

Handouts/materials:

1. Two (2) Color photos

City Clerk's note: the initial term of five (5) years, unless terminated earlier.

 

6:55 pm. 3t 2899

R7H Commission Memorandum No. 240-01 (Page 653)

A Resolution Appropriating $175,000 from the General Obligation (GO) Bond Series 2000 Fund No. 373 for the Replacement of the Beachfront Restroom Facility at 29th Street.

(Public Works)

ACTION: Heard in conjunction with item R7I. Resolution No. 2001-24347 adopted. Motion made by Commissioner Bower; seconded by Vice-Mayor Garcia; Voice vote: 5-0; Absent: Commissioners Cruz and Liebman. Patricia Walker to handle.

Commissioner Bower stated that an RFP needs to be issued and a selection made for bathroom/concession management before the construction is completed.

Vice-Mayor Garcia made an amendment that these bathrooms will not be operational until an attendant is in place.

Jorge Gonzalez, City Manager, stated that an amendment was not necessary. The Administration will insure that when the bathrooms are opened there will be a vendor on-board. Bruce Henderson and Gus Lopez to handle. Brad Judd and Bruce Henderson to prepare an LTC clarifying exactly what will be done.

 

6:55 pm. 3t 2899

R7I Commission Memorandum No. 241-01 (Page 659)

A Resolution Finding and Declaring the Existence of a Valid Public Emergency and Approving a Waiver, by 5/7ths Vote, of the Competitive Bidding Process and Authorizing the Award of a Contract, in the Amount of $101,840, to Corzo, Castella, Carballo, Thompson and Salman (C3TS), for Architectural, Engineering and Construction Management Services Required for the Emergency Replacement of the Six Oceanfront Bathroom/Concession Facilities Located East of Collins Avenue at 21st; 29th; 46th; 53rd; 64th and 72nd Streets, Respectively.

(Public Works)

ACTION: Heard in conjunction with item R7H. Resolution No. 2001-24348 adopted. Motion made by Commissioner Bower; seconded by Vice-Mayor Garcia; Voice vote: 5-0; Absent: Commissioners Cruz and Liebman. See action on R7H. Bruce Henderson to handle.

 

8:02 pm. 3t 5764 and 4t

R7J Commission Memorandum No. 242-01 (Page 665)

A Resolution Approving an Amendment to the 1998 Concept Plan for the Parcel Known as SSDI North in Order to Allow for the Open Pedestrian Plaza to Have a Maximum Elevation of Seventeen (17') Feet N.G.V.D.; and Providing an Effective Date.

(Planning Department)

ACTION: Resolution No. 2001-24349 adopted. Motion made by Commissioner Smith; seconded by Commissioner Cruz; Voice vote: 5-1; Opposed: Commissioner Dermer; Absent: Mayor Kasdin. Jorge Gomez to handle.

 

10:20 a.m. t1 1691

R7K Commission Memorandum No. 252-01 (Page 669)

A Resolution Authorizing the Mayor and City Clerk to Execute a Professional Services Agreement Between the City and Zyscovich, Inc., Pursuant to RFQ No. 1-00/01, to Conduct a Site Utilization Analysis and to Develop a Concept Plan for the 17th Street and Washington Avenue Surface Parking Lots, Incorporating the Proposed Expansion of the New World Symphony; for a Fee Not to Exceed $100,000 as Described Herein; and Appropriating Said Funding from City Center Tax Increment Fund and the Parking Enterprise Fund. Joint City Commission and Redevelopment Agency

(Community/Economic Development)

(To Be Submitted)

ACTION: See Supplemental Materials. Heard in conjunction with item RDA 3A. Resolution No. 2001-24328 adopted as amended - see action below. Motion made by Commissioner Liebman; seconded by Commissioner Bower; Voice vote: 7-0. Christina Cuervo and Patricia Walker to handle.

RDA/3A - Motion made by Commissioner Bower to enter into a professional services agreement and authorize the Administration to spend up to $195,000 for expanded services at the City Manager's discretion.

 

R9 - New Business and Commission Requests

 

R9A Commission Memorandum No. 243-01 (Page 671)

Board and Committee Appointments.

(City Clerk's Office)

ACTION: Appointments made:

Community Development Advisory Committee:

Rebecca Johnson term expires 12/31/2001 appointed by Commissioner Cruz.

Safety Committee:

Ben Brody term expires 12/31/2001 appointed by Commissioner Bower.

 

R9A1 Commission Memorandum No. 244-01 (Page 719)

Health Advisory Committee/Appointments.

(Risk Management)

(Deferred from March 28, 2001)

ACTION: Not reached.

 

R9A2 Discussion Regarding Appointment of James Clearwater to the Art in Public Places Committee.

(Page 721)

(Requested by Commissioner Nancy Liebman)

ACTION: Not reached.

 

2:20 pm. t1 6762 2t cont.

R9B(1) Dr. Stanley Sutnick Citizen's Forum. (1:30 p.m.) (Page 725)

ACTION:.

1. Minette Benson spoke on the following:

A) She wants the Commission to invoke Chapter 119 of the Florida Statute "the public document's act", to bring to light the activities of the Department of Public Works and FDOT in reference to the 72nd St. project. Joseph Johnson to handle.

B) She is concerned about the lack of public access to information over the citizen's wishes to avoid the 65 Street left turn and that a left turn be incorporated into the plans for the northbound Collins avenue traffic into 63rd St. Matthew Schwartz to handle.

C) She is concerned about the lack of concern with the State requirements that hurricane evacuation plans need to be enhanced every year and what impact the projects on Collins Ave., such as the White and Green Diamonds will have on the traffic. Vice-Mayor Garcia stated that the Administration is taking note and that these issues will be addressed. Chief Jordan and Eric Yuhr to handle.

Handout:

1. Letter from Minette Benson, to Commissioner Jose Smith, Dated April 18, 2001. Ms. Benson read her letter into the record.

2. Bud Levine: He is trying to save the City money by suggesting that a desalinization plant be installed at the golf courses. The provision for the equipment for the desalinization of water has to be made before the final drawings are done. Jorge Gonzalez, City Manager responded that this issued has been discussed, but the problem is the tight budget for the golf course renovations. This could be considered at a later date.

3. Elizabeth Donnelly:

A) She asked Commissioner Cruz why he was absent from the Committee meeting where the Byron/Carlyle Theater was discussed and did not get to vote on the issue of purchasing the property. Commissioner Cruz responded that he had to attend a meeting with a private client in West Palm Beach and that he would have voted against since he did not hear the arguments of the architect to convince him otherwise.

B) She stated that the architect is getting a lot of money from the City and that he would say that the "bones of the buildings (Byron/Carlyle Theater) are bad". She wants to know where are the tax dollars are going. Commissioner Liebman explained that the architect is doing the work pro-bono.

C) She also wanted to know why the meters at the 72 St. parking were removed too soon. Saul Frances to handle.

4. Stanley Shapiro:

A) Mr. Shapiro felt that it is not appropriate for the citizens to battle the Commissioners.

B) He proposes to prohibit roller blades, bicycles, motor scooters, etc. on Lincoln Road at 6:00 pm.

C) Can the DRB decision be appealed for Bubbles Bar and is the Church legal or illegal.

D) He feels that Lincoln Road is getting trashy and that the noise level is very disturbing. Ronnie Singer to handle B and D.

E) He wants Blue Ribbon Panel to give an updated report on the Electrowave.

Jorge Gonzalez stated that their is a study being done and is expected to be completed for this years budget to consider the future of the Electrowave.

Commissioner Liebman agreed with the comments relating to Lincoln Road, specifically illegal vendors; musicians, etc. and plans to bring the issue to the City Commission.

5. Bea Kalstein:

A) She expressed her concerns on the fact that wrong information is passed around.

B) She is unhappy about the condition of the beaches due to the concessions throwing garbage all on the beach from Government Cut up to the 50 Street. Joe Damien and Kevin Smith to handle.

C) She talked about even the not-for-profit organizations still make money.

Handout:

1. Speakers List

 

R9B(2) Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.)

ACTION: Not reached.

 

R9C The Committee of the Whole Will Meet During Lunch Break in the City Manager's Large Conference Room Regarding the Fiscal Year 2001/02 Proposed Operating Budget Request for the Office of the Mayor and City Commission. (Page 727)

(Management & Budget)

ACTION: Meeting called to order at 12:33 pm. Mayor Kasdin, Vice-Mayor Garcia, and Commissioners Bower, Cruz, Dermer, Liebman, and Smith were present.

Patricia Walker presented the budget.

Motion made by Commissioner Cruz to increase the monthly allowance of the Mayor from $1,100 to $1,500 a month and the Commissioners monthly allowance from $800 to $1,100; seconded by Vice-Mayor Garcia; Voice vote: 7-0. Patricia Walker to handle.

Motion made by Commissioner Cruz to approve the budget as amend above; seconded by Vice-Mayor Garcia; Voice vote: 7-0. Patricia Walker to handle.

Handout:

1. Audio tape of the meeting.

2. Functional Organization Chart - Mayor and Commission

3. LTC 71-2001, Subject: Committee of the Whole Meeting, Mayor and City Commission Budget Book

4. Newspaper Advertisement

Committee of the Whole Meeting adjourned at 12:54 pm.

 

R9D Discussion Regarding the Duany Plater-Zyberk Plan Status Report. (Page 729)

(Requested by Mayor Neisen Kasdin)

ACTION: Not reached.

 

R9D1 Commission Memorandum No. 244-01 (Page 731)

Status Report from the Administration on Implementation of the Duany Plater-Zyberk Plan for North Beach.

(Planning Department)

ACTION: See item R9D. Not reached.

R9E Discussion Regarding a Resolution Endorsing the Concept of the "Amber Alert" Program which

Requires Timely Public Notice of Child Abductions and Encouraging the Law Enforcement Agencies of Miami-Dade County and Its Incorporated Municipalities to Review the Program and Other Similar Programs for Potential Implementation; Further Directing the City Clerk to Transmit a Copy of this Resolution to the Officials Designated Herein; Providing for an Effective Date. (Page 735)

(Requested by Mayor Neisen Kasdin)

ACTION: Not reached.

 

R9F Discussion Regarding the Creation of a Sunset Harbour Task Force. (Page 741)

(Requested by Commissioner Nancy Liebman)

(Deferred from March 28, 2001)

ACTION: Not reached.

 

R9G Discussion Regarding Progress Report on the Status of the Regional Library. (Page 745)

(Requested by Vice-Mayor Luis R. Garcia, Jr.)

(Deferred from March 28, 2001)

ACTION: Withdrawn by Vice-Mayor Garcia.

 

10:05 a.m. t1 1290

R9H Discussion Regarding Request From Music Fest Miami for Support with the Upcoming North Shore Park Event. (Page 747)

(Requested by Commissioner Nancy Liebman)

(Deferred from March 28, 2001)

ACTION: Miami-Dade County Commissioner Dr. Barbara Carey-Schuler stated that Commissioners Bower and Liebman have been working with her to have the Music Fest on Labor Day Weekend to bring our diverse community together. Plans for a kick-off in Miami Beach were discussed and are planned for May 19, 2001.

Motion made by Commissioner Bower to approve $5,000 to help support the Miami Beach World Music Mania festival; seconded by Commissioner Liebman; Voice vote; 7-0; James Quinlan and Patricia Walker to handle.

 

9:16 pm. 4t 1663

R9I Discussion Regarding the Current Process of Meter Reading and Billing. (Page 749)

(Requested by Vice-Mayor Luis R. Garcia Jr.)

(Deferred from March 28, 2001)

ACTION: Vice-Mayor Garcia and Commissioner Bower stated that they have received complaints regarding the billing cycles for water bills. For individuals on fixed incomes, a large variation in the billing cycle days can creates a financial burden. Vice-Mayor Garcia asked if averaging or fixed bills could be used to level payments.

Patricia Walker stated that the Administration is working on a solution and a pilot program will be implemented the first of July.

Commissioner Liebman requested that an explanation be placed on the next water bill explaining the proposed billing system and a progress report be placed on the next agenda. Patricia Walker stated that a first reading ordinance will be placed on the May 16 agenda. Patrica Walker to handle.

 

9:20 pm. 4t 1900

R9J Discussion Regarding the Pump Station Project at 28th Street. (Page 751)

(Requested by Vice-Mayor Luis R. Garcia Jr.)

(Deferred from March 28, 2001)

ACTION: Vice-Mayor Garcia requested this item be brought back at the next commission meeting. Judy Hoanshelt to place on agenda.

 

6:19 pm. 3t 1631

R9K Discussion Regarding Convention Center Development Tax. (Page 753)

(Requested by Commissioner Jose Smith)

ACTION: See R9K1.

 

R9K1 Commission Memorandum No. 255-01

A Resolution Authorizing the City Manager to Execute the Memorandum of Agreement Between the City of Miami Beach and Miami-Dade County Which Outlines Fundamental Terms for an Amendment to That Certain Interlocal Agreement Between the City of Miami Beach and Miami-Dade County, Dated June 21, 1996, Regarding the Disposition of the Two-Thirds (2/3rds) Portion of the Convention Development Tax; Said Approval Herein Subject to and Conditioned upon the Final Approval and Execution by the City and the County of a Final Amendment to the Aforestated Agreement; said Amendment to Be Presented to the Miami Beach City Commission in May 2001.

ACTION: See Supplemental Materials. Resolution not adopted. Discussion held and Administrative report given.

The City Commission directed the Administration to continue negotiations with Miami-Dade County. Christina Cuervo to handle.

 

9:24 pm.

R9L Commission Memorandum No. 245-01 (Page 755)

Discussion Regarding a Resolution Adopting the Recommendation of the Convention Capital Projects Oversight Committee and Authorizing That the Interest from the Remaining Uncommitted and/or Unappropriated Monies (Said Funds Estimated at $11,910,717) from the Interlocal Cooperation Agreement Between the City and Miami-Dade County, Regarding the Disposition of the Two-Thirds (2/3rds) Portion of the Convention Development Tax Be Set Aside and Appropriated into a Separate Account, to Be Established by the City and Maintained for Additional Capital Improvements Related to the Miami Beach Convention Center (MBCC) and the Jackie Gleason Theater of the Performing Arts (TOPA); Provided That the Convention Center Capital Projects Oversight Committee Shall Make a Recommendation as to Any Proposed Improvements, Said Recommendation to Be Advisory Only, Prior to Said Improvement Projects Being Brought to the City Commission.

(Requested by Vice-Mayor Luis R. Garcia Jr.)

(Deferred from March 28, 2001)

ACTION: Discussion held. Motion made by Commissioner Bower to refer to the Finance and Citywide Projects Committee; seconded by Commissioner Smith; Voice vote: 5-0; Absent: Mayor Kasdin and Commissioner Cruz. Patricia Walker to place on agenda. Mayra Diaz Buttacavoli to handle.

ADDENDUM ITEMS: (R9M, R9N, R9O, and R9P)

R9M Discussion Regarding the Recent Court Action Involving the Save Miami Charter Amendment.

(Requested by Commissioner David Dermer)

ACTION: Not reached.

 

ADDENDUM ITEM:

9:02 pm. 4t 1226

R9N Discussion Regarding Direction to the Manager to Study the Risk and Benefits of Making Alton Road a City Street.

(Requested by Commissioner David Dermer)

ACTION: Motion made by Commissioner Dermer instructing the Administration to study the risks/benefits of making Alton Road a City street; seconded by Bower; Voice vote: 5-0; Absent: Mayor Kasdin and Commissioner Cruz. Joseph Johnson to handle.

 

ADDENDUM ITEM:

8:33 pm. 4t 387

R9O Discussion Regarding the Waiver of Parking and Bagging Meter Fees for the Little Acorn Children & Family Programs 6th Annual International Kite Festival on Miami Beach.

(Requested by Vice-Mayor Luis R. Garcia, Jr.)

ACTION: Motion made by Commissioner Liebman to waive the parking and bagging meter fees; seconded by Commissioner Bower; Voice vote: 5-0; Absent: Mayor Kasdin and Commissioner Cruz. Saul Frances to handle.

ACTION: Jorge Gonzalez, City Manager, requested that the issue of all fee waivers be referred to the Finance and Citywide Projects Committee. Item was referred. Patricia Walker to place on agenda.

 

R9P Discussion Regarding Approving the Placement of 25 Banners for the Miami Gay & Lesbian Film Festival.

(Requested by Vice-Mayor Luis R. Garcia, Jr.)

ACTION: At the request of the Administration, item R9P was withdrawn.

R10 - City Attorney Reports

 

R10A Notice of Closed Executive Session. (Page 761)

Pursuant to Section 286.011, Florida Statutes, a Closed Executive Session will be Held During Lunch Recess of the City Commission Meeting on April 18, 2001 in the City Manager's Large Conference Room, Fourth Floor, City Hall, to Discuss Settlement Issues of the Following Case:

City of Miami Beach vs. American Riviera Real Estate Company. Eleventh Judicial Circuit Court Case No. 99-2418 CA06, General Jurisdiction, Case No. 98-09809 CA09.

The Following Individuals will be in Attendance: Mayor Neisen Kasdin; Members of the Commission: Matti H. Bower, Simon Cruz, David Dermer, Luis R. Garcia Jr., Nancy Liebman, and Jose Smith; City Attorney Murray H. Dubbin, City Manager Jorge Gonzalez, Deputy City Attorney Robert Dixon, First Assistant City Attorney Debora Turner and Special Counsel Thomas Goldstein, Esq.

ACTION: Announced and held.

 

Reports and Informational Items

A Commission Memorandum No. 246-01 (Page 763)

City Attorney's Status Report.

(City Attorney's Office)

ACTION: Written report submitted.

 

B Commission Memorandum No. 247-01 (Page 773)

Status Report on the Collins Park Cultural Center.

(City Attorney's Office)

ACTION: Written report submitted.

 

C Commission Memorandum No. 248-01 (Page 783)

Parking Status Report.

(Parking Department)

ACTION: Written report submitted.

D Commission Memorandum No. 249-01 (Page 807)

Informational Report to the Mayor and City Commission, on All Existing City Contracts for Renewal or Extensions in the Next 180 Days, Which By Their Terms or Pursuant to Change Orders Exceed $10,000.

(Procurement)

ACTION: Written report submitted.

 

10:15 a.m. t1 1540

E Commission Memorandum No. 250-01 (Page 809)

Indian Creek Greenway Project - Update on Actions Being Undertaken for the Gifting of Out-Lots to the City.

(Planning Department)

ACTION: Mr. Leonard A. Wien Jr., gave a verbal report.

1. City Attorney drafting an agreement between the City and the property owners.

2. Meetings to be scheduled with FDOT. William Cary to handle.

3. Middle of May, meeting with property owners to see if they will enter into the land Agreement.

4. Final plans are being made for a map and brochure.

 

F Commission Memorandum No. 251-01 (Page 811)

Status Report on the Rehabilitation Project of the Existing Building and the Addition to Fire Station No. 2 and No. 4.

(Public Works)

ACTION: Written report submitted.

End of Regular Agenda


Miami Beach Redevelopment Agency
Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
April 18, 2001 - 10:00 a.m.

AGENDA

1. ROLL CALL

                    2. OLD BUSINESS

A Redevelopment Agency Memorandum No. 01-17 (Page 1)

Report of the Itemized Revenues and Expenditures of the Miami Beach Redevelopment Agency for the Month Ended February 28, 2001.

(To be Submitted Under Separate Cover)

ACTION: Written report submitted.

 

B Redevelopment Agency Memorandum No. 01-18(Page 3)

Anchor Shops and Parking - Monthly Report on Parking Operations, Month of February, 2001.

ACTION: Written report submitted.

10:20 a.m. t1 1691

3. NEW BUSINESS

A Redevelopment Agency Memorandum No. 01-19(Page 7)

A Resolution of the Chairman and Members of the Miami Beach Redevelopment Agency, Authorizing the Chairman and Secretary to Execute a Professional Services Agreement Between the RDA and Zyscovich, Inc., Pursuant to RFQ No. 1-00/01, to Conduct a Site Utilization Analysis and to Develop a Concept Plan for the 17th Street and Washington Avenue Surface Parking Lots, Incorporating the Proposed Expansion of the New World Symphony; for a Fee Not to Exceed $100,000, as Described Herein; and Appropriating Said Funding from City Center Tax Increment Fund and the Parking Enterprise Fund. Joint City Commission and Redevelopment Agency

(To Be Submitted)

ACTION: See Supplemental Materials. Heard in conjunction with item R7K. Discussion held. Resolution No. 382-2001 adopted as amended. Motion made by Commissioner Bower to enter into a professional services agreement and authorize the Administration to spend up to $195,000 for expanded services at its discretion; seconded by Commissioner Liebman; Voice vote: 7-0. Christina Cuervo and Patricia Walker to handle.

Commissioner Cruz specifically requested to be keep informed on all aspects of this project. Christina Cuervo to handle.

 

10:55 a.m. t1 3048

                              B Redevelopment Agency Memorandum No. 01-20 (Page 9)

A Referral to the Finance and Citywide Projects Committee to Consider Appropriating $1,415,000 in Available City Center Tax Increment Revenues to Fund the Estimated Shortfall in the Development Budget for the Expansion and Renovation of the Colony Theater.

Motion made by Commissioner Bower to refer to the Finance and Citywide Projects Committee; seconded by Commissioner Liebman; Voice vote: 7-0. Patricia Walker to place on committee agenda.

 

Meeting adjourned at 9:30 p.m.