City of Miami Beach - City Commission Meeting
Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
January 6, 1999

Mayor Neisen O. Kasdin
Vice-Mayor Simon Cruz
Commissioner David Dermer
Commissioner Susan F. Gottlieb
Commissioner Nancy Liebman
Commissioner Martin Shapiro
Commissioner Jose Smith
City Manager Sergio Rodriguez
City Attorney Murray H. Dubbin
City Clerk Robert E. Parcher

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

AFTER ACTION

CONSENT AGENDA

PA1 Proclamation to Loews Hotel - Painting Done on Boardwalk. 1

PA2 Presentation by Scholar's Academy at Miami Beach Senior High. (Kasdin) 3

PA3 New Item: Proclamation/Winter Stages of the Sun. (Liebman)

C2A PO, Four '99 Chevrolet Astro Cargo Vans, $66,904. 5

C2B PO, Three '99 Ford Passenger Vans, $64,467. 7

C2C PO, One '99 Ford 1-Ton 4x2 Stake Body Truck, $29,056. 9

C2D BA 3-98/99, Concrete Curbing & Sidewalk Construction, $90,699.50. 11

C4A Referral: Fin. & Citywide Proj. Comm/Reallocate 1996A Pkg Rev. Bonds. 15

C4B Referral:Fin.&Citywide Proj. Comm/Landscape, etc.-LaGorce Isle Bridge. 19

C4C Referral: Land Use & Dev. Comm/Amend Chap. 82, Pay Telephones. 21

C4D Referral: Planning Bd/Revise Policy of Absences on Land Use Bds.(Dermer) 23

C7A Waive Costs @ Conv. Ctr: Children's Cancer Caring Ctr's Holiday Party. 25

C7B Amend 98/99 One-Yr Action Plan Component of Consolidated Plan. 29

C7C Waive Comp. Bidding Process/Utility Billing System. 5/7ths 63

C7D Waive Comp. Bidding Process/Payroll/Human Resources System. 5/7ths 69

C7E Encourage Companies/Banks to Become Year 2000 Compliant. 75

C7F S-Set Public Hrg to Review DRB Decision re: Marquesa Dev., Ltd. 79

C7G Allow PAL to Utilize Private Vacant Lot for a Fund Raising Event/Pkg. 95

C7H Accept Grant Award of $24,000 for from HIDTA. 99

C7I Execute Hold Harmless Agmt re: Coastal Construction Permit. 101

C7J Set P. Hrg to Review a Revocable Permit Request by Robert Swedroe. 105

C7K Execute Agmt w/REG Architects, for Golf Courses Clubhouses. 109

C7L Execute 2nd Amendment to Agmt w/Savino & Miller Design, Median Impr. 133

REGULAR AGENDA

R5A D-11:00 a.m.,2nd Rdg, Amend Ch. 2, Agencies, Bds&Comm., Excused Absences. 139

R5B 1st Rdg, Amend Chap. 2, Fashion, Film, Entertainment & Production Comm. 145

R5C 2:45 p.m. 2nd Rdg, Amend Chap. 82, Art in Public Places Comm: Donations. 151

R5D 11:30 a.m. 2nd Rdg, Amend Ord. 83-2398, Deferred Compensation Ord. 155

R5E 1st Rdg, Amend Chap. 18, Valet Pkg Permits for Use on Public Property. 159

R5F 3:00 p.m. 2nd Rdg, Amend Chap. 2, Provide Cone of Silence. (Smith) 181

R6A Report: Finance & Citywide Proj. Comm. Mtg, Dec. 10, 1998. 189

R6B Report: Land Use & Dev. Comm. Mtg, December 14, 1998. 193

R6C Report: Neighborhoods Comm. Mtg, Dec. 17, 1998. 219

R6D Report: Finance & Citywide Proj. Comm. Mtg, December 22, 1998. 223

R7A University of Fla. College of Arch. Continued Use of Hist. City Hall. 229

R7B Approve Settlements for Use of Space at Hist. City Hall. 239

R7C Develop a Facility Use Plan to Relocate City Offices at 555-17th St. 253

R7D 4:30 p.m., Adopt Amended Rules&Regs for Beachfront Concession Operations. 263

R7E D-Settlement Agreement between CMB & South Beach Ocean Parcel. 269

R7F 9:30 a.m., Agmt w/Greater Miami Convention and Visitors Bureau. 273

R7G 2:15 p.m., Purchase Alaska Parcel. 289

R7H 3:30 p.m., 3rd Amendment to Ground Lease w/Miami City Ballet, Inc. 301

R7I 2:00 p.m., Revocable Permit to Signature Resorts. 317

R7J 10:05 a.m., Appropriate $1,370,000 for Robert A.M. Stern Arch. 323

R7K 5:15 p.m., Commence Program:Remove Trash/Debris from Waterways.(Dermer) 327

R7L Miami-Dade Booting Ord. (Shapiro) 329

R8A 10:30 a.m., Status Report: Stanley C. Myers Pkg/South Shore Hospital. 333

R9A Board and Committee Appointments. 335

R9A1 Affirmation of Appointments to HPB. 377

R9B1 1:30 p.m., Dr. Stanley Sutnick Citizens' Forum. 381

R9B2 5:30 p.m., Dr. Stanley Sutnick Citizens' Forum. 381

R9C 4:30 p.m., Disc: Beach Master Plan, & Beachfront Concessions. (Liebman) 383

R9D Adopt a Plan re: Future Programs of Redevelopment Agencies.(Kasdin) 385

R9E Req. from Superbowl XXXIII Host Comm. re: Use of Pkg Lot. (Kasdin) 387

R9F Use of Lot for Pkg During Memorial Honoring Abe Resnick.(Cruz) 389

R9G Plan of Action to Address Conditions in North Beach. (Shapiro) 391

R9H 5:45 p.m., Disc/Refer to Planning Bd: Amend Comprehensive Plan. (Dermer) 393

R10A Noon Break: Closed Executive Session. 395

R10B 5:00 p.m., City Attorney's Status Report/Ratifying Settlements. 397

REPORTS AND INFORMATIONAL ITEMS

A Status Report on the Cultural Campus. 407

B Parking Status Report. 411

REDEVELOPMENT AGENCY ITEMS - 10:00 A.M.

2A Status Report on Loews; Anchor Shops' RDP. 1

3A Report of Itemized Rev. & Expenditures of RDA. SC

3B Appropriation for Robert A. M. Stern Arch, Regional Library Project. 9

3:30 p.m. Joint RDA & City Comm., Miami City Ballet Amendment. (R7H)

 

Call to Order - 9:00 a.m.

Inspirational Message and Pledge of Allegiance

Requests for Additions, Withdrawals, and Deferrals

PA - Presentations and Awards

PA1 A Proclamation to be Presented to Loews Hotel in Recognition of Community Effort for the Painting Done on the Miami Beach Boardwalk.

(City Manager's Office)

ACTION: Proclamation presented.

PA2 Presentation by Representatives of the Scholar's Academy at Miami Beach Senior High School

(Requested by Mayor Neisen Kasdin)

ACTION: Presentation made.

Handouts:

1. Letter from Dr. William Renuart, Principal Miami Beach Senior to Randolph Marks, dated December 14, 1998, RE: Randolph being one of the principals for a day.

2. Memorandum from Dr. William Renuart, to Friends of Beach High, dated January 5, 1999, RE: We are the world. Student statistics on the countries/possessions represented at Miami Beach High.

PA3 A Proclamation in Recognition of "Winter Stages of the Sun" a Sizzling Month-Long Celebration of Theatre Featuring Free and Reduced Rate Tickets at Twenty-one Regional Theatres - Add-On.

(Requested by George Neary)

ACTION: Proclamation presented.

Handout: Winter Stages of the Sun passport- Theatre League of South Florida

PA4 A Certificate of Appreciation Presented to Beverly Press on her Retirement from the Stanley C. Meyers Community Health Center After 20 years of Service as the C.E.O. - Add -On.

ACTION: To be presented at a future meeting.

CONSENT AGENDA

Consent Agenda approved. Motion made by Commissioner Smith, seconded by Vice-Mayor Cruz; Vote: 5-0; absent: Commissioner Gottlieb and Commissioner Liebman.

C2 - Competitive Bid Reports

C2A Commission Memorandum No. 1-99

Request for Approval to Award a Purchase Order to Ed Morse Chevrolet-North, in the Amount of $66,904, Pursuant to the State of Florida Contract No. 070-001-99-1 for the Purchase of Four (4) 1999 Chevrolet Astro Cargo Vans. Funding: Fleet Management Budget Account.

Administration Recommendation: Approve the award.

(Fleet Management)

ACTION: Award authorized. Michael Rath to issue Purchase Order. Drew Terpak to handle.

C2B Commission Memorandum No. 2-99

Request for Approval to Award a Purchase Order to Duval Ford, in the Amount of $64,467, Pursuant to the Florida Sheriff's Association Contract No. 98-06- 0914 for the Purchase of Three (3) 1999 Ford E350 Super Club 15 Passenger Vans. Funding: Fleet Management and Parks and Recreation Budget Accounts.

Administration Recommendation: Approve the award.

(Fleet Management/Recreation, Culture and Parks)

ACTION: Award authorized. Michael Rath to issue Purchase Order. Drew Terpak and Kevin Smith to handle.

C2C Commission Memorandum No. 3-99

Request for Approval to Award a Purchase Order to Ernie Haire Ford, in the Amount of $29,056, Pursuant to the Florida Sheriff's Association Contract No. 98-06-0914 for the Purchase of One (1) 1999 Ford F350 1-Ton 4x2 Stake Body Truck. Funding: Fleet Management Budget Account.

Administration Recommendation: Approve the award.

(Fleet Management)

ACTION: Award authorized. Michael Rath to issue Purchase Order. Drew Terpak to handle.

C2D Commission Memorandum No. 4-99

Request for Approval to Award a One (1) Year Contract to F & L Construction, Inc., in the Estimated Annual Amount of $90,699.50, Pursuant to Bid No. 3-98/99 for Concrete Curbing & Sidewalk Construction with an Option to Renew for Two (2) Additional One (1) Year Periods. Funding: Budgeted Accounts of Various Using Agencies.

Administration Recommendation: Approve the award.

(Public Works)

ACTION: Award authorized. Julio Grave de Peralta to handle.

C4 - Commission Committee Assignments

C4A Commission Memorandum No. 5-99

Referral to the Finance and Citywide Projects Committee Requesting the Reallocation of the Remaining 1996A Parking Revenue Bonds (Bond Fund 485) to Various Ongoing and/or Previously Approved Parking System Projects.

Administration Recommendation: Refer the matter.

(Parking Department)

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

C4B Commission Memorandum No. 6-99

Referral to the Finance and Citywide Projects Committee of a Proposed Landscaping, Irrigation and Lighting Plan for the Areas Adjacent to the La Gorce Island Bridge.

Administration Recommendation: Refer the matter.

(Public Works)

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

C4C Commission Memorandum No. 7-99

Referral to the Land Use and Development Committee of Proposed Amendments to Chapter 82, Division 4, Pay Telephones, of the Code of the City of Miami Beach, Florida, and of a Request for Proposal for an Agreement to Place Pay Telephones on the Public Right-of-Way and on City Properties.

Administration Recommendation: Refer the matter.

(Public Works)

ACTION: Referred. Janet Gavarrete to place on committee agenda.

C4D Referral to the Planning Board to Revise the Current Policy of Permitted Absences on the Land Use Boards.

Recommendation: Refer the matter.

(Requested by Commissioner David Dermer)

ACTION: Referred. Dean Grandin to place on Planning Board agenda.

C7 - Resolutions

C7A Commission Memorandum No. 8-99

A Resolution Retroactively Approving the Children's Cancer Caring Center's Request for a Complete Waiver of Costs, in the Amount of $4,310, for the Children's Holiday Party Event on December 19, 1998, at the Miami Beach Convention Center.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Resolution No. 99-23011 adopted. Mayra Diaz Buttacavoli to handle.

C7B Commission Memorandum No. 9-99

A Resolution Approving an Amendment to the 1998/99 One-Year Action Plan Component of the City's Consolidated Plan, Reallocating $44,000 of Fiscal Year 1998/99 Community Development Block Grant (CDBG) Program Funds from the City's Multi-Family Housing Rehabilitation Program to the Following Projects: South Shore Hospital Community Aids Program in the Amount of $15,000, the City of Miami Beach Parks Department North Beach Youth Services in the Amount of $15,000, Stanley C. Myers Community Health Center (Stanley Myers) Prescription Program in the Amount of $7,500, and Little Havana Activities and Nutrition Centers of Miami, Inc. (LHANC) Elderly Meals Program in the Amount of $6,500; and Further Authorizing the Mayor and City Clerk to Execute Amendments to the Agreements Between the City and Stanley Myers and Between the City and LHANC and to Execute a New Agreement Between the City and South Shore Hospital.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 99-23012 adopted. Christina Cuervo to handle.

C7C Commission Memorandum No. 10-99

A Resolution Authorizing a Waiver, by 5/7ths Vote, of the Competitive Bidding Process and Approving a Contract with Aquilium Software Corporation, in the Amount of $151, 450, for a Utility Billing System, Upon Recommendation of the Administration, Following a Thorough Investigation of the Available Applicable Software, That This System Provides the Optimal Solution for Year 2000 Compliant Utility Billing Computerized Processing.

Administration Recommendation: Adopt the Resolution.

(Information Technology)

ACTION: Resolution No. 99-23013 adopted. Robert Parcher to handle.

C7D Commission Memorandum No. 11-99

A Resolution Authorizing a Waiver, by 5/7ths Vote, of the Competitive Bidding Process and Approving a Contract with Cyborg Systems, Inc. in the Amount of $332,414, for a Payroll/Human Resources System, Upon Recommendation of the Administration, Following a Thorough Investigation of the Available Applicable Software, That This System Provides the Optimal Solution for Year 2000 Compliant Payroll/Human Resources Computerized Processing.

Administration Recommendation: Adopt the Resolution.

(Information Technology)

ACTION: Resolution No. 99-23014 adopted. R. Parcher to handle.

 

C7E Commission Memorandum No. 12-99

A Resolution Encouraging Florida Power and Light, Bell South, AT&T, Xerox Corporation, Miami-Dade County, People's Gas, National Data Communications, Montenay Power Corporation, Humana Health Insurance Company of Florida, Mt. Sinai Hospital, Johnson Controls, Atlantic Elevator, Armour Securities, Banker's Trust, City National Bank, First Union National Bank, Nations Bank, SunTrust Bank, Fiduciary Trust Bank, Colonial Bank, Central Parking Systems, Motorola, Siemens Business Communications, and Gold Coast Cable to Become Year 2000 (Y2K) Compliant.

Administration Recommendation: Adopt the Resolution.

(Information Technology)

ACTION: Resolution No. 99-23015 adopted. R. Parcher to handle.

C7F Commission Memorandum No. 13-99

A Resolution Setting a Public Hearing to Review a Design Review Board Decision Approving a Request by Marquesa Development, Ltd., to Change the Status of an Existing Entrance Driveway for South Pointe and Portofino Towers from Temporary to Permanent at 300 - 400 South Pointe Drive.

Administration Recommendation: Adopt the Resolution.

(Planning Department)

ACTION: Resolution No. 99-23016 adopted. Public hearing scheduled for January 20th at 2:30p.m. R. Parcher to notice. Judy Hoanshelt to place on agenda. Dean Grandin to handle. Sergio Rodriguez, City Manager on behalf of the City Administration, stated that the Administration is also seeking a review of the decision.

C7G Commission Memorandum No. 14-99

A Resolution Finding and Declaring the Existence of an Emergency and Allowing the Police Athletic League (PAL) to Utilize the Private Vacant Lot Located at Dade Boulevard and Meridian Avenue for a Fund Raising Event to Provide Additional Parking for the National Football League Commissioner's Party, Currently Scheduled for January 29, 1999; Further Provided that the Lot be Utilized Exclusively by PAL Subject to the Following Conditions: (1) That Ingress and Egress to the Lot be Provided Exclusively from Dade Boulevard; (2) That 100% of the Profits Generated from this Fund Raiser be Generated Back Exclusively to PAL; (3) That PAL and the City Jointly Monitor the Use of the Lot so the Surrounding Residential Neighborhood is Not Disturbed; (4) That the Subject Permission is Granted on a One Time Only Emergency Basis, in Lieu of the Current Parking Crisis in the City of Miami Beach; and (5) In Order to Accommodate the Unique Emergency Created by the Increased Parking Demands of Patrons Attending Superbowl Events, the Subject Permission is Granted Without Establishing Precedent so as to Satisfy this Unique Emergency Situation. (5/7ths)

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 99-23017 adopted as amended: Change the word "LIEU" , occurs twice, to "VIEW". R. Parcher to change resolution. Mayra Diaz Buttacavoli and Chief Barreto to handle.

C7H Commission Memorandum No. 15-99

A Resolution Accepting the Award of Additional Grant Money, in the Amount of $24,000, for the Period of February 1, 1999, to January 31, 2000, from the United States Department of Justice, High Intensity Drug Trafficking Area (HIDTA), for the Purchase of Police Radios for the New Money Laundering Task Force.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 99-23018 adopted. Chief Barreto to handle.

C7I Commission Memorandum No. 16-99

A Resolution Authorizing the Mayor and City Clerk to Execute the Hold Harmless Agreement Required in Conjunction with the City of Miami Beach's Affidavit of Ownership to Obtain a Class I Coastal Construction Permit from Miami-Dade County for the Florida Department of Transportation's Project to Replace the Meridian Avenue Bridge Over Collins Canal.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23019 adopted. Julio Grave de Peralta to handle.

C7J Commission Memorandum No. 17-99

A Resolution Calling for a Public Hearing to Consider a Request for a Revocable Permit by Robert Swedroe to Retain a Wrought Iron Fence and Gate, a "Private Drive" Sign, a Circular Concrete Paver Driveway, Irrigated and Lighted Landscaping and a Concrete Wall Enclosed Area at the Street End of 78th Street, East of Atlantic Way, Adjacent to the Permittee's Property Located at 7747 Atlantic Way.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23020 adopted. Public hearing scheduled for February 3rd at 5:00 p.m. R. Parcher to notice. Judy Hoanshelt to place on agenda. Julio Grave de Peralta to handle.

C7K Commission Memorandum No. 18-99

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute an Agreement with the Firm of REG Architects Inc. Pursuant to Request For Qualifications (RFQ) No. 58-97/98, in the Amount of $16,600 for Architectural/Engineering Services for the Redesign and/or Renovation of the Bayshore/ Par 3 and Normandy Shores Golf Courses Clubhouses and Related Facilities.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23021 adopted. Julio Grave de Peralta to handle.

C7L Commission Memorandum No. 19-99

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute the Second Amendment to the Agreement between the City of Miami Beach and Savino and Miller Design Studio to Provide Professional Architectural/Engineering Services for the Washington Avenue Streetscape Master Plan; Said Amendment in an Amount Not to Exceed $18,135, to Prepare Construction Documents for Median Plantings and Irrigation Improvements.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23022 adopted. Julio Grave de Peralta to handle.

End of Consent Agenda

REGULAR AGENDA

R5 - Ordinances

R5A Commission Memorandum No. 20-99

An Ordinance Amending Miami Beach City Code Chapter 2 "Administration", Article III Entitled "Agencies, Boards and Committees", Section 2-22(9) Thereof by Providing for Automatic Removal of an Agency, Board or Committee Member Failing to Attend 33% of the Regularly Scheduled Meetings per Calendar Year; Providing for Codification, Repealer, Severability, and Effective Date. 11:00 a.m. Public Hearing, Second and Final Reading

Recommendation: Adopt the Ordinance.

(City Clerk's Office)

(First Reading 12/2/98 - Public Hearing Continued from 12/16/98)

ACTION: Public hearing opened and continued to January 20th at 3:00 p.m. Motion made by Commissioner Liebman; seconded by Commissioner Smith; voice vote: 7-0. R. Parcher to clarify ordinance language relative to the 33% calculation and rounding. Judy Hoanshelt to place on agenda.

R5B Commission Memorandum No. 21-99

An Ordinance Amending Chapter 2 Entitled "Administration"; by Amending Article III Entitled "Agencies, Boards and Committee"; by Amending Division 7 Entitled "Fashion, Film, Entertainment and Production Committee" by Changing the Name of the Committee to the "Production Industry Council" and Amending the Purpose of the Committee; Providing for Repealer; Providing for Severability; Providing for Codification; and Providing for an Effective Date. First Reading

Administration Recommendation: Approve the Ordinance on first reading and schedule a public hearing for second and final reading.

(City Clerk's Office)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Liebman; seconded by Commissioner Dermer; ballot vote: 6-0; Mayor Kasdin absent. Second reading and public hearing scheduled for January 20th at 11:15 a.m. R. Parcher to publish notice. Judy Hoanshelt to place on agenda. Since the ex officio member "state entertainment commission" no longer exists, Commissioner Liebman requested that it be eliminated on second reading.

R5C Commission Memorandum No. 22-99

An Ordinance Amending Chapter 82 of the Miami Beach City Code, Entitled "Public Property"; Amending Article VII Thereto, Entitled "Art in Public Places"; Amending Subsection 82-562, Entitled "Powers and Duties"; by Providing for Review and Recommendations for Acceptance of Proposed Donations of Works of Art for Placement on Public Property in the City or Located on Public Facilities Within the City; Providing for Severability; Repealer, and an Effective Date. 2:45 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(City Manager's Office/Public Works)

(First Reading 12/16/98)

ACTION: Public hearing held. Ordinance No. 99-3162 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb; ballot vote: 7-0. Julio Grave de Peralta to handle.

Clerk's Note: Change PASSED AND ADOPTED date from 1998 to 1999.

R5D Commission Memorandum No. 23-99

An Ordinance Amending Section 7 of Ordinance No. 83-2398, the Deferred Compensation Ordinance of the City of Miami Beach, Florida, to Reflect Recent Changes in Federal Regulation on Maintenance of Deferred Compensation Plan Funds for City of Miami Beach Employees: Providing for Repealer; Severability; and an Effective Date. 11:30 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Finance Department)

(First Reading 12/16/98)

ACTION: Public hearing held. Ordinance No. 99-3163 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Smith; ballot vote: 7-0. Patricia Walker to handle.

Clerk's Note: Change PASSED AND ADOPTED DATE from 1998 to 1999.

R5E Commission Memorandum No. 24-99

An Ordinance Amending Miami Beach City Code Chapter 18, Entitled "Businesses", Amending Article VIII, Entitled "Parking Lot", Division 2, Entitled "Valet Parking Permits for Use on Public Property", Section 341, Entitled "Exemptions", Establishing Criteria and Approval Process for the Use of a Moving Lane of Traffic for Expeditious Passenger Loading/Unloading; Providing for On-Call Valet Ramps; Establishing Requirements and Procedures for a Temporary Valet Parking Permit for Providing Residential Valet Parking; and Providing for Repealer, Severability and an Effective Date. First Reading

Administration Recommendation: Approve the Ordinance on first reading and schedule a public hearing for second and final reading.

(Parking Department)

ACTION: Referred to the Transportation and Parking Committee. Motion made by Commissioner Liebman; seconded by Commissioner Dermer; voice vote: 6-0; absent: Mayor Kasdin. Jackie Gonzalez to handle.

R5F City Attorney Commission Memorandum No. 25-99

An Ordinance Establishing a "Cone of Silence" for City Competitive Bidding Processes, by Amending Chapter 2 of the Code of the City of Miami Beach, Entitled "Administration", by Amending Article VII Thereof Entitled "Standards of Conduct", by Creating Division 4 Entitled "Procurement", by Creating Section 2-486 Entitled "Cone of Silence" by Providing for a Definition, Procedures, and Penalties; Providing for Repealer, Severability, Inclusion in the City Code, and an Effective Date. 3:00 p.m. Public Hearing, Second and Final Reading

Recommendation: Adopt the Ordinance.

(Requested by Commissioner Jose Smith)

(First Reading 12/16/98)

ACTION: Public hearing held. Ordinance No. 99-3164 adopted as amended: Division 4. Section. 2-486-1 (c) Exceptions page 3 of the ordinance to include exempting language to the effect: contract negotiations with the staff following the award of an RFP, RFQ, RFLI or bids by the City Commission will be exempted from the cone of silence; and Division 4. Section 2-486-2 (c) section to include exempting language to the effect: contract negotiations with the staff following the award of an RFP, RFQ, RFLI or bids by the City Commission will be exempted from the cone of silence. Motion made by Commissioner Smith; seconded by Commissioner Dermer; ballot vote: 7-0. Mayra Diaz Buttacavoli and Mike Rath to handle.

Note: employee training classes will need to be held.

R6 - Commission Committee Reports

R6A Commission Memorandum No. 26-99

Report on the Special Finance and Citywide Projects Committee Meeting of December 10, 1998: 1) Report on the Bass Museum Expansion and Renovation Project; 2) Discussion on the Proposed Interlocal Agreement with the Greater Miami Convention and Visitors Bureau; 3) The Creation of Section 501(c)3 Non-Profit Corporations; 4) Alaska Parcel; 5) Status Report of City-Owned Properties; and, 6) Status Report and Proposed Improvements Planned for North Shore Open Space Park as Recommended in the City of Miami Beach Parks Master Plan of Bond Program Sites.

(Deferred from 12/16/98)

ACTION: Item # 2 discussed with item R7F. Item #4 discussed with item R7G. Item # 5 discussed with item R7A, R7B, and R7C. Report accepted.

R6B Commission Memorandum No. 27-99

Report on the Land Use and Development Committee Meeting of December 14, 1998: 1) Discussion regarding Home Inspections by Code Compliance; 2) Discussion regarding Code Violations on Calais Drive; 3) Discussion regarding the North Beach Study; 4) Discussion of City's Restriction of Outdoor Pay Phones on Private Property; 5) Discussion on Day Care Centers and Educational Facilities Related to Religious Organizations Established in the RS-4 District; and, 6) Discussion on Modification to Day Care Center Ordinance.

(Deferred from 12/16/98)

ACTION: Report presented by Commissioner Liebman. Item #4 referred to the Planning Board. Dean Grandin to place of Planning Board agenda. Report accepted.

R6C Commission Memorandum No. 28-99

Report on the Neighborhoods Committee Meeting Held of December 17, 1998 regarding a Discussion of a Proposed North Beach Master Plan and a Normandy Isle Master Plan.

ACTION: Item R6C heard before item R9G. Report presented by Commissioner Gottlieb who recommended that phase two of the development plan should be implemented (economic incentives; improvements to the housing stock) and that perhaps the new zoning laws might be an disincentive for the North Beach area. More input is needed from the neighborhood. The City Manager responded that there is a meeting scheduled with North Beach Development Corp. for January 19th and that the results of the meeting will be reported to the Commission, if possible, by the January 20th Commission meeting. Report to include the Elizabeth Plater-Zyberk plan. Use the Washington Avenue Task Force as a model.

Commissioner Liebman requested that update reports from the Washington Avenue Task Force and the North Beach Task Force be on the agenda monthly. Judy Hoanshelt to place on agenda.

Commissioner Shapiro suggested that the City go out with an RFP for the parking lot at 72nd street and that the RFP should be structured for mixed use.

Administration to meet with Surfside to develop a list of common areas of interests for both municipalities. Janet Gavarrete to handle.

R6D Commission Memorandum No. 29-99

Report on the Finance and Citywide Projects Committee Meeting Held on December 22, 1998: 1) Discussion of the Proposed Interlocal Agreement with the Greater Miami Visitors and Convention Bureau; 2) Alaska Parcel; 3) The Creation of Section 501(c)3 Non-Profit Corporations; 4) Status Report and Proposed Improvements Planned for North Shore Open Space Park as Recommended in the City of Miami Beach Parks Master Plan of Bond Program Sites; and, 5) Status Report of City-Owned Properties.

ACTION: Christina Cuervo presented #5 which was heard in conjunction with item R7A. Item #4 to be placed on the January 20 agenda. Patricia Walker to handle. Judy Hoanshelt to place on agenda. Report accepted.

R7 - Resolutions

R7A Commission Memorandum No. 30-99

A Resolution Approving the University of Florida College of Architecture's Continued Use of the 3rd Floor Office Space at Historic City Hall, Located at 1130 Washington Avenue, Miami Beach, Florida; Said Continued Use on a Month-to-Month Basis, Terminable Upon Notice by the City, But Otherwise Continuing Pursuant to the Terms and Conditions of the Previously Existing Lease Agreement, Dated July 14, 1993, Between the City and the University of Florida; and Further Authorizing the City Manager to Negotiate an In-Kind Services Agreement with the University of Florida.

Administration Recommendation: Adopt the Resolution.

(Asset Management)

ACTION: Motion made by Commissioner Liebman to approve the resolution; seconded by Commissioner Shapiro; no vote taken. Discussion continued. Commission Shapiro asked for information on what the University of Florida has done for the City of Miami Beach. Christina Cuervo to handle.

Commissioner Dermer requested information on the market value of the cityís lease space. Christina Cuervo to handle.

Resolution No. 99-23023 adopted. Motion by Commissioner Gottlieb; seconded by Vice-Mayor Cruz; voice vote: 6-0; Commissioner Liebman absent.

R7B Commission Memorandum No. 31-99

A Resolution Approving a Settlement with Frankel and Associates, Inc., as Referenced in the Corrected Agreed Order, for the Continued Use of the 8th Floor Office Space at Historic City Hall, Located at 1130 Washington Avenue, until June 15, 2000, Subject to the Terms and Conditions of the Previously Existing Lease Agreement between the City and Frankel and Associates, Inc., dated March 15, 1987, as Amended; Further Approving a Similar Settlement with Affordable Landmarks, Inc., For the Continued Use of the 4th Floor Office Space at Historic City Hall, until June 15, 2000, Subject to the Terms and Conditions of the Previously Existing Lease Agreement between the City and Affordable Landmarks, Inc., Dated October 15, 1993, as Amended; and Further Authorizing the City Manager to Execute All Documents Related to the Respective Settlements.

Administration Recommendation: Adopt the Resolution.

(Asset Management)

ACTION: Resolution No. 99-23024 adopted. Motion made by Vice-Mayor Cruz; seconded by Commissioner Gottlieb ; voice vote: 6-0; absent: Commissioner Liebman. Christina Cuervo to handle and to advise the Legal Department.

R7C Commission Memorandum No. 32-99

A Resolution Authorizing the Administration to Develop a Facility Use Plan to Relocate Certain City Offices to 555-17th Street, upon Expiration of the Existing Leases and Vacation of Said Premises by the Current Occupants.

Administration Recommendation: Adopt the Resolution.

(Asset Management)

ACTION: Resolution No. 99-23025 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Liebman; voice vote: 7-0.

Commissioner Liebman, in relocating the different departments and lessees, requested the Administration to research property other than Old City Hall. Christina Cuervo and Joe Damien to handle.

R7D Commission Memorandum No. 33-99

A Resolution Approving and Adopting the Amended Rules and Regulations for Beachfront Concession Operations.

Administration Recommendation: Adopt the Resolution.

(Asset Management)

(Hear in Conjunction with R9C)

ACTION: Heard in conjunction with R9C. Resolution not adopted. Motion was made by Commissioner Liebman to refer the changes in the regulations together with the Beachfront Master Plan to a joint meeting of the Land Use and Development Committee and the Beach Preservation Committee. Members of the Marine Authority, representatives from the beach task force(Beach Front Master Plan Steering Committee) and other entities are to be invited; seconded by Commissioner Dermer; voice vote:7-0. Janet Gavarrete and Joe Damien to handle.

Handout: Spreadsheet "Beach Concession Violation Report" - Cumulative through May 14, 1998

R7E City Attorney Commission Memorandum No. 34-99

A Resolution Approving a Settlement Agreement between the City of Miami Beach and South Beach Ocean Parcel, Ltd., Continuum Company, L.L.C., and Portofino Real Estate Fund, Ltd., Respectively, in Resolution of 11th Judicial Circuit Court Case No. 98-10798 CA 30, Third District Court of Appeal Case No. 98-1645, Certain Harris Act Claim(s), a Certain Petition for Certiorari Pending Before the 11th Judicial Circuit Court, Appellate Division Case No. 98-312AP and All Related Litigation and Claims, and Authorizing the Execution of Any Necessary Documents.

Recommendation: Adopt the Resolution.

(City Attorney's Office)

ACTION: Deferred.

R7F Commission Memorandum No. 35-99

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute an Agreement between the City and the Greater Miami Convention and Visitors Bureau; Said Agreement Retroactively Commencing on December 1, 1998, and Ending on September 30, 1999.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

(Continued from 12/16/98)

ACTION: The City Manager read into the record proposed amending language as submitted by Mr. William D. Talbert, Acting President & CEO of the Greater Miami Convention & Visitors Bureau in his December 30, 1998 letter addresssed to Mr. Sergio Rodriguez and submitted via the Supplemental Agenda materials. The specific language is as follows: "Similarly, in the event of termination of this agreement on or before May 31, 1999 the Bureau shall pay to the City the pro-rated amount due at the time of termination of the required contributions set forth in Section 2.02(c)ii and ii".

Discussion held. Commissioner Smith raised the three following issues:

1) whether or not this is the type of contract that should properly go out for bids; 2) whether or not resort taxes could be properly used for the construction of a visitor center on Watson Island; and 3) the issue of the ownership of the $5 million reserve. If the City were to terminate its relationship with the Bureau, what would happen to those funds?

Commissioner Dermer raised a concern regarding the commingling of Miami Beach revenue with private funds and stated that there may have been a violation of this provision as well as the concerns expressed by Commissioner Smith. Commissioner Dermer made a motion to defer pending an audit; seconded by Commissioner Shapiro; Voice vote: 2 in favor (Commissioners Dermer and Shapiro); 5 opposed.

Discussion continued. Commissioner Gottlieb raised a concern regarding what part of the building would be owned by the City and made a motion to: 1) segregate out the issues of the reserves being used as a building account fund and until this issue is resolved that the Bureau does not let out the bids under the contract; 2) approve the 9 month contract; 3) carefully monitor the 9 month period; and 4) for the City Manager to clearly define a timetable; and 5) to have a committee in place to evaluate the Bureau and to find out what other agencies there are that could do a similar job. The motion was seconded by Vice-Mayor Cruz. No vote taken. Commissioner Smith suggested a clarification of the motion as follows: "the bureau shall not spend, pledge or otherwise commit any portion of the $5 million in reserve without further authorization from the city of Miami Beach."

Mayor Kasdin stated that the Cityís investment must be protected and visitors center must remain a visitors center to service Miami Beach and that Miami Beach must have a security interest in the new building to protect the Cityís investment. Commissioner Liebman requested the Administration to review with the Bureau the transportation and parking element of the proposed building.

Clerk's Note: The "building" as referred to during discussion of this item concerns a proposed Watson Island Aviation and Visitors Center Project. (see item R8B 4/1/98)

Sergio Rodriguez, City Manager, stated that there are two important issues: 1. What happens if the Bureau ceases to exist? and 2. What if Miami Beach decides it no longer requires the services of the Bureau.

Commissioner Shapiro stated that there should be a contractual obligation with the Bureau that no change in the usage of the proposed building can be made without the approval of the City of Miami Beach and if it agrees, the City would get itís investment back.

Motion made by Commissioner Liebman to approve this amendment and incorporate into the agreement language to the effect that no change in the usage of the proposed building can be made without the approval of the City of Miami Beach and if Miami Beach disagrees, the City would get its investment back; seconded by Commissioner Gottlieb; voice vote: 7-0. The following changes were incorporated in the amendment: 1) Section 4. (page 8): deleting "interlocal"; and 2) page 10, deleting "approved and accepted visitor & convention authority"

Motion made by Commissioner Shapiro within 45 days, the Administration to report back on how much resort tax money is needed to offset tourist related expenditures and to issue an RFP for those services provided by the Greater Miami Convention and Visitors Bureau; seconded by Commissioner Dermer; ballot vote: 2 in favor (Commissioners Dermer and Shapiro), 5 opposed.

Discussion continued. Motion made by Commissioner Shapiro within 45 days, the Administration to report back on how much resort tax money is needed to offset tourist related expenditures; seconded by Commissioner Gottlieb; voice vote: 7-0. Mayra Diaz Buttacavoli to handle the entire item.

Resolution No. 99-23026 adopted approving the agreement as amended. Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb; ballot vote: 6 in favor; 1 opposed (Commissioner Dermer). The agreement is approved retroactively commencing on December 1, 1998, and ending on September 30, 1999.

Commissioner Gottlieb requested for the next Commission meeting a time line on how to proceed.

Handouts:

1. Speakersí List

2. Memorandum from Murray H. Dubbin, City Attorney, to Commissioner David Dermer, dated January 6, 1999, RE: Use of Resort Tax Money for Lifeguard Services

3. Memorandum from Sergio Rodriguez to Commissioner Dermer, dated December 15, 1998, RE: Greater Miami Convention and Visitors Bureau Financial (GMCVB). Bureauís Financial Statements for 1996/1997 (audited) and 1997/1998 (unaudited)

4. Greater Miami Convention and Visitors Bureau Financial (GMCVB). Bureauís Financial Statements for 1996/1997 (with independent Auditorís Report Thereon)

5. Greater Miami Convention and Visitors Bureau Financial (GMCVB). 1996/97 "In Review" Tropicool

R7G Commission Memorandum No. 36-99

A Resolution Directing the City Manager to Exercise the City's Option to Purchase the Alaska Parcel as Provided in the Settlement Agreement Among the City of Miami Beach, the Miami Beach Redevelopment Agency, and West Side Partners, Ltd., Subject to Certain Conditions.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Discussion held. Motion was made by Commissioner Liebman to approve the 45 day due diligence option and to report back with funding sources, South Pointe owners input, and an appraisal report; seconded by Mayor Kasdin; ballot vote: 3 in favor (Mayor Kasdin, Vice-Mayor Cruz and Commissioner Liebman); 4 opposed (Commissioners Dermer, Gottlieb, Shapiro and Smith).

During the Sutnick Hour (item R9B2) Carter McDowell presented a joint public/private financing proposal to the Commission on behalf of his client (Robert Christoph) who has offered to provide the $250,000 deposit to the City for 45 days at no cost to the city and to pay for the property appraisal to a appraiser selected by the City. Motion to reconsider action on this item was made by Commissioner Smith; seconded by Commissioner Liebman; voice vote on the motion to reconsider: 4 in favor; 3 opposed (Commissioners Dermer, Gottlieb and Shapiro). Resolution No. 99-23027 adopted as amended. Motion made by Commissioner Smith; seconded by Commissioner Liebman; ballot vote: 4 in favor (Mayor Kasdin, Vice-Mayor Cruz and Commissioners Smith, Liebman); 3 opposed: (Commissioners Dermer, Gottlieb and Shapiro). Christina Cuervo to handle.

R7H Commission Memorandum No. 37-99

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute a Third Amendment to Ground Lease between the City and Miami City Ballet, Inc. (Ballet), for the Proposed Permanent Facility for the Miami City Ballet to be Located in the Collins Park District of Miami Beach; Further Authorizing the City Manager to Execute a Letter of Understanding between the City and the Ballet for Staging and Parking for the Duration of Construction of the Ballet Facility.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 99-23028 adopted. Motion made by Commissioner Gottlieb; seconded by Vice-Mayor Cruz; voice vote: 7-0. Commissioner Gottlieb directed the Administration to attempt to resolve the issue of the parking issues within the next 30 days. If a resolution has not been reached in the next 30 days, to refer the issue to the Finance and Citywide Projects Committee. Christina Cuervo to handle.

R7I Commission Memorandum No. 38-99

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute a Revocable Permit in Favor of Signature Resorts, Inc. (d/b/a Sunterra Resorts) for Construction of Walkways, Fences and Landscaping, Within the City Owned Right-of-Way at the Street End of 36th Street, Adjacent to the Permittee's Property, Located at 3611 Collins Avenue. 2:00 p.m. Public Hearing

Administration Recommendation: Adopt the Resolution.

(Public Works)

(Scheduled on 12/16/98)

ACTION: Resolution No. 99-23029 adopted amending the Revocable Permit. Motion made by Commissioner Liebman; seconded by Commissioner Smith; voice vote: 7-0. Revocable Permit issued for the westerly sidewalk and ramp for the area covering the west only. Signature Resorts to enter into an agreement to landscape and maintain the area to the east and a hold harmless agreement with the City. All fencing along the south property line shall consist of aluminum picket approved by City of Miami Beach staff. Resolution and drawing need to reflect the change. Julio Grave de Peralta to handle.

R7J Commission Memorandum No. 39-99

A Resolution Authorizing and Appropriating the Funding Necessary to Implement the Architectural and Engineering Design Agreement with Robert A. M. Stern Architects for the Proposed Regional Library Project, in the Total Amount of $1,370,000; and Further Authorizing the Mayor and City Clerk to Execute an Amendment to Said Agreement, Which Reflects a Change in the Scope of Work, Deleting the Proposed 400-Space Parking Garage Structure, and Providing Two Surface Parking Lots in its Place.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Commission expressed concern with deleting the proposed 400 space parking garage structure. Discussion held to "freeze" the $200,000 allocation.

Resolution No. 99-23030 adopted as amended. Commissioner Gottlieb made a motion to amend the contract to give a 36 month option in the event the City can acquire the land and to fix the price at no more than $200,000. The option is at the sole discretion of the City; seconded by Commissioner Smith;

Motion to approve the amended contract made by Commissioner Liebman; seconded by Commissioner Gottlieb; voice vote: 6-0 (Mayor Kasdin absent). Mayra Diaz Buttacavoli to handle.

R7K Memorandum from Commissioner David Dermer

A Resolution Directing the City Manager to Commence a Program to Routinely Remove Trash and Debris from the City's Waterways.

(Requested by Commissioner David Dermer)

ACTION:Resolution not adopted. The City Manager stated that cleaning and maintenance of the canals is an on-going problem and recommended that the best way to handle this particular issue is to have a combined program that deals with a dedicated effort and implementation of preventive measures and also an enforcement of the regulations but that to maintain the canals is also accepting liability. The City Manager agreed with items 2 and 3 and to refer these items to a committee. Item 1 dealing with commencement of a program posed a problem because no moneys are appropriated for this in the current budget and no workprogram for this currently exists.

Mayor Kasdin requested that the City Manager report to the Commission within the next 30 days on implementation and possible funding sources. Commissioner Gottlieb questioned what other cities are doing and suggested a possible joint venture. Ronnie Singer and Christina Cuervo to handle.

Handouts:

1. Letter from Donna Litowitz to Stuart Reed, dated January 5, 1999, RE: Indian Creek clean up.

2. Four (4) photos submitted by Mary Gispan, Beach Boat Rental.

 

R7L Memorandum from Commissioner Martin Shapiro

A Resolution Calling Upon the Miami-Dade County Commission to Continue Its January 21, 1999, Public Hearing regarding the County Immobilization Ordinance for Ninety (90) Days, in Order to Give the Florida Legislature an Opportunity to Amend Sections 125.0103 and 166.043, Florida Statutes; or, in the Alternative, Adopt the Standards for the Maximum Immobilization Fee, as Established by the City of Miami Beach and Broward County.

(Requested by Commissioner Martin Shapiro)

ACTION: Resolution No. 99-23032 adopted as amended by Commissioner Shapiro: title of the resolution amended to read: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING UPON THE MIAMI-DADE COUNTY COMMISSION TO ADOPT THE STANDARDS FOR THE MAXIMUM IMMOBILIZATION FEE, AS ESTABLISHED BY THE CITY OF MIAMI BEACH AND BROWARD COUNTY"; and delete the 5th and 6th Whereas; and amend the NOW THEREFORE clause to read: "NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission respectfully request the Miami-Dade County Commission to adopt the standards for the maximum immobilization fee, as established by the City of Miami Beach and Broward County." Motion made by Commissioner Liebman; seconded by Commissioner Shapiro; voice vote: 7-0. R. Parcher to prepare a transmittal letter to the Miami-Dade County.

R8 - Old Business

R8A Commission Memorandum No. 40-99

Status Report on Stanley C. Myers Parking - South Shore Hospital.

(Planning Department)

ACTION: Discussion held. Representatives for the South Shore Hospital and Stanley C. Myers requested an extension for the hospital to continue using the lot (649 and 653 Alton) as a provisional parking lot. Parties agreed to make the lots conform to the requirements of a "temporary lot".

Mayor Kasdin requested that they meet with Administration to work out the details. Dean Grandin to handle.

R9 - New Business and Commission Requests

R9A Commission Memorandum No. 41-99

Board and Committee Appointments for the Meeting of January 6, 1999.

Beach Preservation Committee

Antonio Purrinos (Commissioner Cruz) -1/1/99 - 12/31/1999

Mike Burke (Commissioner Dermer) -1/1/99 - 12/31/1999

Beautification Committee

Motion to reappoint the following members made by Commissioner Gottlieb; seconded by Commissioner Liebman, voice vote: 7-0.

Arthur A Lauffenburger - Landscape Architect (City Commission) -1/1/99 - 12/31/2000

Helene Owen - Exp or education in on of the above areas (City Commission) -1/1/99 - 12/31/2000

Lisa Liotta - Citizen interest in beautification (City Commission) -1/1/99 - 12/31/2000

Community Development Advisory Committee

Harlan Sands (Mayor) - -1/1/99 - 12/31/2000

Community Relation Board

Katherine Pener (Commissioner Gottlieb) - 1/1/99 - 12/31/2000

Hispanic Affairs Committee

Mirta San Domingo (Commissioner Cruz) -1/1/99 - 12/31/2000

Vivian Gonzalez-Doyle (Mayor Kasdin) -1/1/99 - 12/31/2000

Planning Board

Carlos Capote - at-large (City Commission) -1/1/99 - 12/31/2000

Jean-Francois LeJune - Architect (City Commission) -1/1/99 - 12/31/2000

Melvyn Schlesser (Attorney) (City Commission) -1/1/99 - 12/31/2000

Handout: Planning Boards at-large voting ballots (Capote vs Wiss).

Youth Center Advisory Board

Lisa Austin (Mayor Kasdin) -1/1/99 - 12/31/2000

Transportation and Parking Committee

Mark Alvarez (Commissioner Liebman) -1/1/99 - 12/31/2000

Gary Knight (Commissioner Shapiro) -1/1/99 - 12/31/2000

1. Commission Memorandum No. 42-99

Commission Affirmation of the City Manager's Appointment of Victor Diaz, Herb Sosa, Raul Garcia, Emily Davis and William Taylor to the Historic Preservation Board.

(Planning Department)

ACTION: Appointments affirmed. Motion by Commissioner Cruz; seconded by Mayor Kasdin; voice vote: 7-0.

Victor Diaz - Miami Design Preservation League 1/1/99 - 12/31/2000

Herb Sosa - Dade Heritage Trust 1/1/99 - 12/31/2000

Raul Garcia - Architectural Historian 1/1/99 - 12/31/2000

Emily Davis - Member-at-large 1/1/99 - 12/31/2000

William Taylor - Member-at-large 1/1/99 - 12/31/2000

 

R9B(1) Dr. Stanley Sutnick Citizens' Forum. (1:30 p.m.)

ACTION:

1) Bunny Patchen commented about residential garbage and complained about flooding at the north end of Alton Road at the triangle area in the westbound direction. Public Works has been notified. 2) Gil Zriny commented on the fees charged for the convention center hotel garage and suggested that the City not charge a set fee but rather charge based on the number of cars in the garage. 3) Ernie Rosenkrantz complained about the condition of South Pointe Park: area has been neglected and is not clean; more trash cans are needed; grass and trees need to be trimmed; driveways needs to be cleaned and requested the Commission's assistance in cleaning the park. 4) Jo Asmundsson questioned the status of the 42nd Street parking garage and if the garage will be available for the boat show parking and how much revenue will be lost as a result of the garage not being used.

Handout: Speakersí list.

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

ACTION:

1. Carter Mc Dowell presented a joint public/private financing proposal to the Commission on behalf of his client (Robert Christoph). See item R7G for details. 2) Minette Benson commented on the public hearings held by the City of Miami regarding the expansion of Watson Island transportation element of the seaplane and helicopter services and requested for the next Commission meeting that there be a review of the plans with citizen participation. Ms. Benson also requested for the next Commission meeting a review of the process at the DRB level concerning the concurrency management plans and the level of service in the city. Also, of the 38 projects that were previously approved (equitable estoppel) how many have received their building permits. 3) Clotilda Luz commented on the Delano beach structures and questioned the beachfront concession plan. 4) Kent Harrison Robbins commented on the citizens' right to speak and the procedure instituted for those citizens who wish to address the Commission and that people who do speak should not be abusive, should not use foul language and should not make misrepresentations. 5) Count Chodkiewicz commented on the lack of staff to do a research project on the Watson Island project and that people in the city do not care about the government.

R9C Discussion regarding the Beachfront Concessions Including the Delano.

(Requested by Commissioner Nancy Liebman)

(Deferred from 12/16/98)

(Hear in Conjunction with R7D)

ACTION: Heard in conjunction with item R7D. Discussion held. Motion was made by Commissioner Gottlieb to express the City Commissionís support, in concept, of the Delano project; seconded by Commissioner Liebman; voice vote: 5 in favor; 2 opposed (Commissioners Dermer and Shapiro). Commissioner Liebman stated that the motion talks about the aesthetics of the project and not the legality.

Handouts:

1. Letter from Jim Martinello, Environmental Specialist, Bureau of Beaches and Coastal Systems, Department of Environmental Protection to James Quinlan, dated January 5, 1999, RE: Departmentís area wide permit, AW-003 issued to the City of Miami Beach on April 27, 1998.

2. Letter from J. B. Manson-Hing, Engineer, Bureau of Beaches and Coastal Systems, Department of Environmental Protection to Janet Gavarrete, dated January 6, 1999, RE: 1. City of Miami Beach Management Plan Lease no. 3595; 2. Management Agreement No. 750-0006; 3. Permit No. AW-003; 4. Delanoís Proposal.

3. Proposed resolution submitted by Al Cardenas.

R9D Adoption of a Plan for the Respective Redevelopment Districts or Amendments to the Existing Adopted Plans Identifying and Prioritizing the Future Programs of the Redevelopment Agencies.

(Requested by Mayor Neisen Kasdin)

ACTION: Not reached.

R9E Consideration of a Request from the Superbowl XXXIII Host Committee for Use of a Privately Owned Lot at 775 Dade Boulevard.

(Requested by Mayor Neisen Kasdin)

ACTION: Request approved. Motion made by Vice-Mayor Cruz; seconded by Commissioner Liebman; voice vote: 7-0.

R9F Use of Jimmy Resnick's Lot Located on Dade Boulevard for Parking During a Memorial Honoring the Late Abe Resnick at the Holocaust Memorial on January 17, 1999.

(Requested by Vice-Mayor Simon Cruz)

ACTION: Request approved to accommodate any overflow parking which may arise due to the January 17th memorial service for former Commissioner Abe Resnick scheduled to be held at the Holocaust Memorial. Motion made by Vice-Mayor Cruz; seconded by Commissioner Gottlieb; voice vote: 7-0.

R9G Plan of Action to Address Conditions in North Beach.

(Requested by Commissioner Martin Shapiro)

ACTION: See action R6C.

R9H Discussion and Referral to the Planning Board to Consider Amending the Miami Beach Comprehensive Plan to Protect Waterfront Property and Open Space from Development in Support of the Voter Decisions Made During Two Citywide Referendums.

(Requested by Commissioner David Dermer)

ACTION: Discussion held. Motion made by Commissioner Dermer to refer the 11 contiguous lots in the Altos Del Mar and the June 1997 referendum to the Planning Board; seconded by Commissioner Shapiro; ballot vote:4-3 (opposed: Mayor Kasdin, Commissioners Gottlieb and Liebman). Dean Grandin to place on the Planning Board agenda.

Handout: Speakersí List.

R10 - City Attorney Reports

R10A Closed Executive Session.

Pursuant to Section 286.011, Florida Statutes, a Closed Executive Session will be held during lunch recess in the City Manager's large conference room, Fourth Floor, City Hall, to discuss the following case:

South Beach Ocean Parcel, LTD., a Florida Limited Partnership vs City of Miami Beach, a Florida municipal corporation. Eleventh Judicial Circuit, General Jurisdiction, Case No.98-10798 CA30.

The following individuals will be in attendance: Mayor Neisen Kasdin; Members of the Commission: Simon Cruz, David Dermer, Susan Gottlieb, Nancy Liebman, Martin Shapiro and Jose Smith; City Attorney Murray H. Dubbin, City Manager Sergio Rodriguez, Deputy City Attorney Jean Olin, First Assistant Diana Grub Frieser, and Special Counsel Arnaldo Velez.

ACTION: Executive Session announced and held.

R10B City Attorney Commission Memorandum No. 43-99

City Attorney's Status Report.

1. A Resolution Ratifying a Settlement of the Tort Claim Styled Luis Colman and Noel Colman v. City of Miami Beach, a Municipal Corporation, 11th Judicial Circuit Court Case No. 97-2997 CA 13, and Paid $72,500 from the City's Risk Management Fund Pursuant to Florida Statute Section 768.28; and Further Authorizing the Execution by the Office of the City Attorney of Any and All Documents Related to the Settlement.

2. A Resolution Ratifying a Settlement of the Wrongful Death Lawsuit Styled Jacklyn Schloss, as Personal Representative of the Estate of David V. Suckle, Deceased v. City of Miami Beach, 11th Judicial Circuit Court Case No. 98-6753 CA 21, Having Paid $10,000 from the City's Risk Management Fund Pursuant to Florida Statute Section 768.28 and the Florida Wrongful Death Act and; Further Authorizing the Execution by the Office of the City Attorney of Any and All Documents Related to the Settlement.

3. A Resolution Ratifying a Settlement of the Tort Claim Styled Hadassah Zweig v. City of Miami Beach, a Municipal Corporation, 11th Judicial Circuit Court Case No. 97-22916 CA 10, and Paid $8,500 from the City's Risk Management Fund Pursuant to Florida Statute Section 768.28; and Further Ratifying the Office of the City Attorney's Execution of Any and All Documents Related to the Settlement.

(City Attorney's Office)

ACTION:

1. Resolution No. 99-23033 adopted. Motion by Vice-Mayor Cruz; seconded by Commissioner Smith; voice vote: 7-0.

2. Resolution No. 99-23034 adopted. Motion by Vice-Mayor Cruz; seconded by Commissioner Gottlieb; voice vote: 7-0.

3. Resolution No. 99-23035 adopted. Motion by Vice-Mayor Cruz; seconded by Commissioner Smith; voice vote: 7-0.

Commissioner Smith to be included in any proposed settlement in excess of $50,000.

End of Regular Agenda

Reports and Informational Items

A Commission Memorandum No. 44-99

Status Report on the Cultural Campus

(City Manager's Office)

ACTION: Written report presented.

B Commission Memorandum No. 45-99

Parking Status Report.

(Parking Department)

ACTION: Written report presented.

Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

January 6, 1999 - 10:00 a.m.

 

Chairman of the Board Neisen O. Kasdin

Member of the Board Simon Cruz

Member of the Board David Dermer

Member of the Board Susan F. Gottlieb

Member of the Board Nancy Liebman

Member of the Board Martin Shapiro

Member of the Board Jose Smith

Executive Director Sergio Rodriguez

Assistant Director Christina M. Cuervo

Assistant Director Mayra Diaz Buttacavoli

General Counsel Murray H. Dubbin

Secretary Robert E. Parcher

AGENDA

1. ROLL CALL

2. OLD BUSINESS

A. Redevelopment Agency Memo No. 99-1

Status Report on the Loews Miami Beach Hotel; the Anchor Shops at South Beach and Parking (16th Street Parking Garage); and the RDP Royal Palm Crowne Plaza Resort Hotel.

ACTION: Written and verbal status reports presented. Commissioner Gottlieb requested that the 16th Street Parking Garage be added to the parking report. Mayor Kasdin expressed his concern with the $10 flat fee charged at the garage.

Motion was made by Commissioner Liebman authorizing the Administration to continue lease negotiations with Fruit Press and Miami Sweets; seconded by Commissioner Cruz; voice vote: 7-0.

Commissioner Gottlieb requested Administration to develop a standard incentive formula for leases.

 

3. NEW BUSINESS

A. Redevelopment Agency Memo No. 99-2

Report of the Itemized Revenues and Expenditures of the Miami Beach Redevelopment Agency for the Two Months Ended November 30, 1998.

(Distributed Under Separate Cover)

ACTION: Report submitted.

B. Redevelopment Agency Memo No. 99-3

A Resolution Appropriating $78,500 from the City Center Redevelopment Area Construction Fund to Implement the Architectural and Engineering Design Agreement with Robert A. M. Stern Architects for the Proposed Regional Library Project.

ACTION: Resolution 312-99 adopted. Motion by Commissioner Gottlieb; seconded by Commissioner Liebman; voice vote: 7-0. See item R7J.

End of Agenda

 

The Commission meeting was adjourned at 9:12 p.m.