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

February 3, 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

PA1 Certificate of Appreciation/Beverly Press. (Kasdin) 1

PA2 Certificates of Apprec/Sportsability Expo & Wheelchair Basketball.(Cruz)

PA3 New Item: Certificates of Apprec/Film: '98 Children's Holiday Relief Prog.

PA4 New Item: Proclamation to be Presented to Fred A. Schwartz. (Dermer)

PA5 New Item:Certificate of Apprec/David Wallack for Donating $10,000 to P.A.L.

C2A BA 50-97/98, Landscape Refurbishment of Planters & Irrigation, $120,250. 3

C2B BA 10-98/00, Vehicle Detailing Service, $31,610. 5

C2C BA 14-98/99, One 1999 Ford 4x2 4-Door Explorer, $21,602.40. 9

C2D BA 4-98/99, Replacement of Fire Station No. 3 Roof, $55,294. 11

C4A Referral:Finance&Citywide Proj. Comm/Recommendation:Phase I, HNTB Study. 13

C4B Referral: Community Affairs Comm/N. Beach Youth Ctr Task Force. (Smith) 15

C7A S-Reject Responses: RFP 105-97/99/Prepare New RFP, Spanish Ads. 17

C7B Extend Prof. Srvs Agmt for Federal Legislative Services, $81,588. 21

C7C Grant Application to Miami-Dade County re: Alaska Property. 73

C7D Set Public Hrgs to Amend the Land Development Regulations. 81

C7E Accept Donation from Coral Gables of 1999 Ford F-250 Pickup Truck. 93

C7F Execute Contract w/State of Fla., Police/Tobacco Programs, $114,969. 95

C7G Grant Application for STOP Violence Against Women Program, $120,248. 125

C7H Approve Change Order for Fire Sprinkler System at Bass Museum, $16,352. 194

C7I Approve the Placement of Jorge Mas Canosa Monument. 210

R2A 11:30 a.m., BA 148-95/96, Rehab Sanitary Sewer Manholes, $600,000. 215

R2B 11:30 a.m., BA 75-95/96, Rehab Sanitary Sewers, $1,789,000. 219

R2C 11:30 a.m.,BA99-97/98, Water&Wastewater Pump Sta. Upgrade, $17,692,568. 223

R2D BA 19-98/00, Playground Equipment & Safety Surfacing, $436,428. 235

R5A 1st Rdg, Repeal/Replace Chap. 82, Naming of Public Facilities, Streets. 245

R5B 11:45 a.m. 2nd Rdg, Amend Ch. 142, Zoning Districts & Regs, Height.5/7 269

R6A Report: Special Mtg of Land Use & Dev. Comm., January 25, 1999. 283

R6B Verbal Report: Finance & Citywide Proj. Comm. Mtg., January 28, 1999. 287

R7A 3:00 p.m., Settlement Agmt & Amend Dev. Agmt.South Beach Ocean Parcel. 289

R7B 11:15 a.m., Amend Resort Tax Budget, $25,000 Increase/a Match for VCA. 361

R7C 11:15 a.m., Approve FY 98/99 VCA Budget, $854,844. 371

R7D Approve Reallocation & Appropriation of Pkg Revenue Bond Fund 485. 395

R7E 2nd Amendment to Police Confiscation Trust Fund, FY 98/99, $1,215,797. 401

R7F 11:00 a.m., Srv. Agmt w/Onyx Fla., Oper. of Bayshore Stash Site.5/7 407/SM

R9A Board and Committee Appointments. 421

R9A1 W-Health Advisory Committee/Appointments. 465

R9B1 1:30 p.m., Dr. Stanley Sutnick Citizens' Forum. 467

R9B2 5:30 p.m., Dr. Stanley Sutnick Citizens' Forum. 467

R9C Disc. on Status of the Calais Drive Streetscape Project. (Smith) 469

R9D Disc. of Mayor's Memo: Nego. w/Co.-Cost of Beach Maintenance.(Shapiro) 471

R9E Disc. to Bring Prof. Boxing & Wrestling to Conv. Ctr. (Shapiro) 473

R9F 3:30 p.m., Disc. Add New World Symphony to Leg. Priorities.(Kasdin) 475

R9G Disc. Effect of the New County Lobbying Ord. on MB Emp. (Dermer) A/SM

R10A Noon Break, Closed Executive Session. 477/SM

REPORTS AND INFORMATIONAL ITEMS

A City Attorney's Status Report. 479

B Status Report on the Cultural Campus. 483

C Analysis of Actual Revenues & Expenses for Yr Ended 9/30/98. 489

D Parking Status Report. 507

REDEVELOPMENT AGENCY ITEMS - 10:00 A.M.

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

2B Anchor Shops and Parking - Monthly Report on Parking Operations. 7

3A Report of Itemized Rev. & Expenditures of RDA, Mo. Ending Dec. 31, 1998. SC

 

PA - Presentations and Awards

 

PA1 Certificate of Appreciation to be Presented to Beverly Press, Who Retired from Stanley C. Myers Community Health Center after 20 Years as CEO.

(Requested by Mayor Neisen Kasdin)

ACTION: Certificate presented.

 

PA2 Certificates of Appreciation to be Presented to Deborah Davis, Abilities Inc., of Florida and Magnetic Energy "Mixed Ability" Dance Troupe for the Sportsability Expo and Wheelchair Basketball Tournament Held at the Scott Rakow Youth Center.

(Requested by Vice-Mayor Simon Cruz)

ACTION: Certificates presented.

PA3 Certificates of Appreciation to be Presented to Miami Beach Police Department for the Miami Beach Police Department's 16th Annual Children's Holiday Relief Program, and Captain Leonard Alamo, who was this year's Chairman of the Holiday Toy Program. (Add On)

ACTION: Certificates to be presented at a future meeting.

 

PA4 A Proclamation to be presented to Fred A. Schwartz in appreciation for his serving as Chairman of the Recreational Centers & Parks Facilities Board, and who served as President of the Palm Hibiscus & Palm Islands Homeowners Association. (Add On)

ACTION: Proclamation presented.

 

PA5 Certificate of Appreciation to be Presented to David Wallack and Mango's Tropical Cafe for his generous donation of $10,000. To the Miami Beach Police Athletic League. Mr. Wallack is a longtime supporter of PAL and intends to continue his financial support and sincerely hopes others in the business community will lend their support. (Add On)

ACTION: Certificate presented.

 

CONSENT AGENDA

Consent Agenda approved. Motion made by Commissioner Liebman, seconded by Vice-Mayor Cruz; Vote 7-0.

 

C2 - Competitive Bid Reports

 

C2A Commission Memorandum No. 88-99

Request for Approval to Award a Contract to Vila & Son Landscaping Corporation, in the Amount of $120,250, Pursuant to Bid No. 50-97/98 for Landscape Refurbishment of Indoor and Outdoor Planters and Irrigation System at the Miami Beach Convention Center. Funding: Convention Center Capital Account.

Administration Recommendation: Approve the award.

(Convention Center)

ACTION: Award authorized. Mayra Diaz Buttacavoli to handle.

 

C2B Commission Memorandum No. 89-99

Request for Approval to Award a Purchase Order to Detailing by Dennis in the Estimated Annual Amount of $31,610, Pursuant to Bid No. 10-98/00 for Vehicle Detailing Service. Funding: Fleet Management Budget Account.

Administration Recommendation: Approve the award.

(Fleet Management)

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

 

C2C Commission Memorandum No. 90-99

Request for Approval to Award a Purchase Order to Gus Machado Ford, in the Amount of $21,602.40, Pursuant to the City of Miami Beach Bid No. 14-98/99 for the Purchase of One (1) 1999 Ford 4x2 4-Door Explorer. Funding: Fleet Management Account.

Administration Recommendation: Approve the award.

(Fleet Management)

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

 

C2D Commission Memorandum No. 91-99

Request for Approval to Award a Contract to Roofing Concepts Unlimited/FL, Inc., in the Amount of $55,294, Pursuant to Bid No. 4-98/99 for Replacement of Fire Station No. 3 Roof. Funding: Property Management Account.

Administration Recommendation: Approve the award.

(Property Management)

ACTION: Award authorized. Brad Judd to handle.

 

C4 - Commission Committee Assignments

 

C4A Commission Memorandum No. 92-99

Referral to the Finance and Citywide Projects Committee to Consider the Recommendations of Phase I of the Feasibility Study Conducted by HNTB on the Proposed Public-Private Parking Facilities.

Administration Recommendation: Refer the matter.

(Parking Department)

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

 

C4B Referral to the Community Affairs Committee - Discussion regarding the North Beach Youth Center Task Force Request to Pursue Fund Raising Activities and the Criteria That Must be Followed.

Recommendation: Refer the matter.

(Requested by Commissioner Jose Smith)

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

 

C7 - Resolutions

 

C7A Commission Memorandum No. 93-99

A Resolution Rejecting All Proposals Received in Response to Request for Proposals (RFP) No. 105-97/99 for the Purchase of Public Advertisements in a Spanish-Language Periodical and Directing the Administration to Prepare a New RFP.

Administration Recommendation: Adopt the Resolution.

(City Clerk's Office)

ACTION: Motion made by Commissioner Liebman to refer the item to the Community Affairs Committee and directed the Administration to come back within 30 days with a new RFP; seconded by Commissioner Smith; Voice Vote: 7-0. Judy Hoanshelt to place on the committee agenda. R. Parcher to handle.

Handout: Art Deco Tropical payables FY97/98 and FY 98/99.

 

C7B Commission Memorandum No. 94-99

A Resolution Extending the Professional Services Agreement for Federal Legislative Services With the Firm of Jorden, Burt, Berenson, and Johnson LLP, in the Amount of $81,588 to Provide Governmental Representation and Consulting Services in Washington, D.C. on an On-Going Basis for the Period from February 19, 1999, until February 18, 2000.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 99-23051 adopted. Christina Cuervo to handle.

City Clerk's Note: Resolution title to read: "A Resolution extending the Professional Services Agreement in the total amount of $81,588..."

 

C7C Commission Memorandum No. 95-99

A Resolution Retroactively Authorizing the City Manager, or His Designee, to Submit an Application to the Miami-Dade County Department of Environmental Resource Management for a Grant from the Environmentally Endangered Lands Program to Defray the Costs of Acquiring the Alaska Parcel; and Authorizing the Acceptance of the Grant, if Awarded.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 99-23052 adopted via consent.

Commissioner Gottlieb stated if the grant application is approved and the City elects to purchase the land, it is understood that the City, not the County, will be the sole owner of the property and the land will become part of South Pointe Park.

Commissioner Gottlieb requested that this become a part of the public record. The Administration stated that the City Commission will have an opportunity, in the future, to reject the purchase of the land if it desires.

Discussion held. Commissioner Dermer questioned the amount of the appraised value of the land and stated that if the City decides to purchase the property it should pay no more than the market value of the land.

Discussion continued. Motion was made by Commissioner Dermer directing the Administration to pursue the City's right for first refusal on the Alaska Parcel; seconded by Commissioner Shapiro: Voice Vote: 7-0. Christina Cuervo to follow-up.

Discussion continued. Commissioner Dermer reiterated his motion regarding the right of first refusal and clarified the reasoning for his motion as follows: there are two different issues: 1) the Portofino agreement/settlement involving $7.2 million and a 45-day time period; and 2) pursuing the right of first refusal.

Mayor Kasdin requested a full discussion at the next Commission meeting on the financials related to the land and the possible legal issues raised by Commissioner Dermer in relation to the appraised value and pending Burt Harris claims.

City Clerk’s note:

1. A December 1998 appraisal valued the property at is $4,125,000 per Christina Cuervo.

2. Refer to the map, page 80 of the agenda, showing South Pointe Park, Alaska Parcel, Federal Triangle, Hinson parcel, Goodman parcel, and the former park parcel.

 

C7D Commission Memorandum No. 97-99

A Resolution Setting a First Reading Public Hearing to Consider Proposed Amendments to the Land Development Regulations Consisting of:

1. An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 118 Entitled "Administration and Review Procedures", Amending Section 118-192 Entitled "Review Guidelines" by Adding a Review Criteria Addressing the Geographic Concentration of Uses; Amending Chapter 142 Entitled "Zoning Districts and Regulations", Section 142-273 Entitled "Conditional Uses", Section 142-303 Entitled "Conditional Uses", Section 142-333 Entitled "Conditional Uses" and Section 142-693 Entitled "Permitted Uses" by Adding Video Game Arcades to the List of Commercial Establishments Requiring Conditional Use Approval in the CD- 1, CD-2, CD-3, C-PS1, C-PS2, C-PS3 and C-PS4 Commercial Zoning Districts; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date.

2. An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 142 Entitled "Zoning Districts and Regulations", Section 142-272 Entitled "Main Permitted Uses", Section 142-302 Entitled "Main Permitted Uses", Section 142-332 Entitled "Main Permitted Uses" and Section 142-693 Entitled "Permitted Uses" by Prohibiting Tattoo Parlors, Body Piercing Establishments, Commercial Fortunetellers, Spiritual Advisors and Similar Establishments on the First Floor in the CD-1, CD-2, CD-3, C- PS1, C-PS2, C-PS3 and C-PS4 Zoning Districts; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date.

Administration Recommendation: That the City Commission set the required first reading public hearings for a time certain of 5:01 p.m. on February 17, 1999 for these proposed separate amendments to the Land Development Regulations regarding: 1) Adding a review criteria for Conditional Use approval regarding concentration of uses, and requiring Conditional Use approval for Video Game Arcades; and 2) Restricting where Tattoo Parlors, Body Piercing Establishments, and Commercial Fortunetellers may occur on the ground floor of buildings in commercial zoning districts.

(Planning Department)

ACTION: Resolution No. 99-23053 adopted. R. Parcher to publish notice for February 17th at 5:01 p.m.

City Clerk's Note: Tentative: Second of two(2) Public Hearings scheduled for March 17th at 2:00 p.m.

 

C7E Commission Memorandum No. 98-99

A Resolution Accepting a Donation from the City of Coral Gables, Florida, of a 1999 Ford F-250 Pickup Truck, Valued at Approximately $35,000.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 99-23054 adopted. Chief Barreto and Drew Terpak to handle.

 

C7F Commission Memorandum No. 99-99

A Resolution Authorizing the Mayor and City Clerk to Execute a Contract with the State of Florida, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, in the Amount of $114,969, for Overtime Costs and Other Expenses, for Police Officers of the Miami Beach Police Department to Conduct Investigations into the Unlawful Sale to, or Possession of, Tobacco Products by Persons Under the Age of 18, Under the School Proximity Tobacco Enforcement (SPTE) and the Agents Combating Tobacco Sales (ACTS) Programs.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 99-23055 adopted. Chief Barreto to handle.

 

C7G Commission Memorandum No. 100-99

A Resolution Retroactively Authorizing the Filing of an Application for a Grant, in the Amount of $120,248 and, if Funded, Authorizing the Budgeting and Expenditure of Funds, Under the State of Florida 1998-1999 STOP Violence Against Women Grant Program.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 99-23056 adopted. Chief Barreto to follow-up.

 

C7H Commission Memorandum No. 101-99

A Resolution Approving a Change Order with Danville-Findorff, Inc., in the Total Amount of $16,352, for a Pre-Action Fire Sprinkler System, From the Appropriated Funds in Account No. 364.2076.069358, for the Continued Expansion and Renovation of the Bass Museum of Art.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23057 adopted. Julio Grave de Peralta to handle.

 

C7I Commission Memorandum No. 102-99

A Resolution Approving the Recommendation of the Art in Public Places Committee for Placement of a Monument in Memory of Jorge Mas Canosa in the Open Space Area at the Southwest Corner of 41st Street and Pine Tree Drive.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23058 adopted. Julio Grave de Peralta to handle.

 

End of Consent Agenda

REGULAR AGENDA

R2 - Competitive Bid Reports

 

2A Commission Memorandum No. 103-99

Request for Approval to Exercise Second One-Year Renewal Option for Contract No. 148-95/96 with Madsen/Barr Allwaste, Inc. For Rehabilitation of Sanitary Sewer Manholes, with Two One-Year Renewal Options. Amount and Funding: $600,000; Water and Sewer Bond Fund No. 426.2106.

Administration Recommendation: Approve the second one-year renewal option for Contract 148-95/96 with Madsen/Barr Allwaste, Inc. (Madsen/Barr).

(Public Works)

ACTION: Discussion held. Second one-year renewal option with Madsen/Barr approved. Motion made by Commissioner Smith; seconded by Vice-Mayor Cruz; voice vote: 7-0. Julio Grave de Peralta to handle.

 

R2B Commission Memorandum No. 104-99

Request for Approval to Exercise Balance of the Second One-Year Renewal Option for Contract No. 75-95/96 with Insituform Southeast, Inc., for Rehabilitation of Sanitary Sewers by Resin-Impregnated Felt Cured-In-Place Pipe Lining Method, with Two One-Year Renewal Options. Amount and Funding: $1,789,000; Water and Sewer Bond Fund No. 426.2106.

Administration Recommendation: Approve the balance of the second one-year renewal option for Contract No. 75-95/96 with Insituform Southeast, Inc. (Insituform).

(Public Works)

ACTION: Discussion held. Balance of the second one-year renewal option approved. Motion made by Commissioner Liebman; seconded by Commissioner Smith; voice vote: 7-0. Julio Grave de Peralta to handle. Get the information out to the public (video, local publications & community newspapers).

 

R2C Commission Memorandum No. 105-99

Request for Approval to Award a Contract to Felix Equities, Inc. in the Amount of $17,692,568, Pursuant to Bid No. 99-97/98, for Water and Wastewater Pump Station Upgrades. Funding: Water and Sewer Bond Fund No. 426.2138.

1. Resolution.

Administration Recommendation: Approve the award.

(Public Works)

ACTION: Resolution No. 99-23061 adopted. Motion made by Commissioner Gottlieb; seconded by Mayor Kasdin; voice vote: 7-0. Julio Grave de Peralta to handle.

Handouts:

1) The City Manager read from Felix Equities, Inc Water and Wastewater Pump Station Upgrades - Financial Statement.2) Water and wastewater pump station improvements - reference verification of Felix Equities.

 

R2D Commission Memorandum No. 106-99

Request for Approval to Award a Contract to PS Florida, Inc. d/b/a Park Structures in the Estimated Amount of $436,428, Pursuant to Bid No. 19-98/00 for the Purchase of Playground Equipment and Safety Surfacing. Funding: Miami-Dade County Safe Neighborhood Parks Bond Program and Miami Beach General Obligation Parks Improvements Bond Program.

Administration Recommendation: Approve the award.

(Recreation, Culture and Parks and

(Public Works)

ACTION: Discussion held. Award approved. Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb; voice vote: 6-0; Mayor Kasdin absent. Julio Grave de Peralta to handle.

Commissioner Gottlieb expressed concern with the number of bid responses. Administration to survey other municipalities to determine their bidder responsiveness. Vice-Mayor Cruz suggested that the Administration call those who were sent a bid invitation and did not respond, to determine why they did not submit a bid. Mike Rath to handle.

Commissioner Gottlieb stated that "ribbon cutting" ceremonies should be held.

 

R5 - Ordinances

 

R5A Commission Memorandum No. 107-99

An Ordinance Repealing, in its Entirety, Chapter 82 Article VI of the Miami Beach City Code, Entitled "Naming of Public Facilities and Streets", and Replacing Same with the Foregoing New Language; Providing for Repealer; Severability; Codification; and an Effective Date. First Reading

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

(City Manager's Office)

(Deferred from 1/20/99)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Smith; seconded by Commissioner Gottlieb; ballot vote: 6-0 Mayor Kasdin absent. Second reading and public hearing scheduled for February 17th at 4:00 p.m. R. Parcher to publish notice.

Administration requested to research past procedures used in naming public facilities when money is donated.(i.e. Shane Watersports Center).

 

R5B Commission Memorandum No. 108-99

An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 142 Entitled "Zoning Districts and Regulations", Section 142-696 Entitled "Residential Performance Standard Area Requirements" by Limiting the Provision Allowing Higher Maximum Building Heights for a Lot Exceeding 50 Feet in Width Based Upon the Existence of a Contributing Structure on the Site, Within the Ocean Beach Historic District; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. 11:45 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(First Reading 12/16/98 - Continued from 1/20/99)

ACTION: Public hearing held. Motion made by Commissioner Liebman to refer the ordinance back to the Planning Board for further review of: oceanfront zoning; compatibility of the art deco district to the north and south; incompatibility of the height limit of 35 ft. to the historic district; seconded by Commissioner Dermer. No vote taken.

Discussion continued. Mayor Kasdin expressed concerns with zoning inequity on the east side of Ocean Drive and suggested that as alternate zoning to have uniform height limits regardless of historic buildings. Discussion continued. The City Manager suggested that the zoning for RPS-1, RPS-2 and RPS-3 be approved and to refer the RPS-4 issue back to the Planning Board. Amendment accepted by Commissioners Liebman and Dermer. Voice vote on the amendment: 7-0.

Ordinance No. 99-3169 adopted as amended to include RPS-1, RPS-2 and RPS-3 and deleting RPS-4; and further referring RPS-4 back to the Planning Board for further study, as well as studying height limitations overall in the RPS districts. Motion to adopt the ordinance, as amended, made by Commissioner Liebman; seconded by Commissioner Dermer; ballot vote: 7-0. Dean Grandin to handle.

Vice-Mayor Cruz requested that the zoning east of Ocean Drive be further analyzed. Commissioner Liebman requested that conforming height limits for the entire interior be further analyzed.

City Clerk's Note: "Attachment A" - An analysis of zoning changes in the South Pointe Area (1976 to date).

Handout: two(2) pictures submitted by Erika Brigham.

 

R6 - Commission Committee Reports

 

R6A Commission Memorandum No. 109-99

Report on the Special Meeting of the Land Use and Development Committee of January 25, 1999: 1) Priorities and Initiatives for Code Compliance Department; 2) Discussion on Draft RFP for Public Pay Telephones and Proposed Draft Amendments to City Code Regarding Public Pay Telephones; and, 3) Discussion on the Directional Signage for Lincoln Road and Zoning to Prohibit Additional Nightclubs on Lincoln Road.

ACTION: Report presented by Commissioner Liebman. Discussion held.

1) Commissioner Shapiro stated that Code Compliance is a volatile issue within the community. Commissioner Dermer requested the Administration develop a policy of those ordinances which are necessary to enforce. Commissioner Gottlieb suggested that some ordinances could be consolidated and to identify those ordinances which are not current. She also stated that a policy statement and consolidated laws needs to be prepared by the Administration and present to the Commission for approval.

Commissioner Smith suggested that Administration list those violations which have a priority and should be enforced and also a list of those violations which are not a priority (life safety issues vs. common sense).

Vice-Mayor Cruz stated that the Business Resolution Board be created as the forum to address these issues.

Al Childress to handle.

2) R.F.P. for pay telephones to be further addressed by the Committee with community input. Notify Michael Posner, Florida Telecommunications Association, of all meeting. Julio Grave de Peralta to handle. City Attorney’s office to meet with the Association mentioned above.

3) Lincoln Road issues to be further addressed by the property and business owners on Lincoln Road. Ronnie Singer to handle.

 

R6B Verbal Report on the Finance and Citywide Projects Committee Meeting of January 28, 1999 regarding RDA Presentation. 

ACTION: Report presented by Vice-Mayor Cruz. Administration to schedule an RDA workshop. Christina Cuervo to handle.

Commissioner Gottlieb stated that, based on the report, the City Center/RDA should continue.

Commissioner Gottlieb also stated that the community should not have the impression that the future workshop will be pro-RDA. There should be a balance in the discussions with speakers discussing the pros and cons of the RDA. Both sides of the issue need to be discussed. Commissioner Liebman stated that it might be a good idea to have representatives from other government entities, who have successfully or unsuccessfully established redevelopment areas, attend the workshop so that the public can have an idea of how redevelopment areas should work.

Handouts: 1) Report of the Finance and Citywide Projects committee meeting.

2) Miami Beach Redevelopment Agency Presentation to the Finance and Citywide Projects Committee dated January 28, 1999: containing background information, financial statements, administrative costs, revenue projections, bond issues, etc.

R7 - Resolutions

 

R7A City Attorney Commission Memorandum No. 110-99

1. A Resolution Approving a Joint Motion to Approve Settlement 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. 98-312 AP and All Related Litigation and Claims, and Authorizing the Execution of Any Necessary Documents.

2. A Resolution Approving, on First Public Hearing, an Amendment to the 1984 Development Agreement by Means of an Amended and Restated Development Agreement to be Entered into between South Beach Ocean Parcel, Ltd. and the City of Miami Beach in Accordance with the Requirements of the Florida Local Government Development Agreement Act for Property Located at the Southeast Corner of South Pointe Drive and Ocean Drive, Miami Beach, Florida, and Commonly Referred to as the Ocean Parcel and Setting a Second Public Hearing to Consider the Amended and Restated Development Agreement. 3:00 p.m. First Public Hearing

Recommendation: Adopt the Resolutions.

(City Attorney's Office)

(Deferred from 1/20/99)

ACTION:

1. Resolution not adopted. Item to be placed on the February 17th agenda. Judy Hoanshelt to handle.

2. Resolution not adopted. Motion made by Commissioner Dermer to open and continue the public hearing to February 17th at 11:30 a.m.; seconded by Commissioner Smith; voice vote: 6-0; Mayor Kasdin absent.

Handouts:

1. Letter to Mayor Kasdin and Commissioners from Jere Bishop

2. Memorandum from Murray Dubbin to Mayor Kasdin and members of the City Commission and Sergio Rodriguez, dated February 3, 1999, RE: South Beach Ocean Parcel, Ltd. V. City of Miami Beach, Case No. 98-10798 CA 30.

3. Joint Motion to Approve Settlement; South Beach Ocean Parcel vs City of Miami Beach.

4. Information submitted by Frank Del Vecchio.

 

R7B Commission Memorandum No. 111-99

A Resolution Amending the Resort Tax Budget for Fiscal Year 1998/99 to Provide $25,000 for the Miami Beach Visitor and Convention Authority (VCA) as a Match to a $25,000 Increase in Funding Provided by the Greater Miami Convention and Visitors Bureau (GMCVB).

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

(Hear in Conjunction with R7C)

ACTION: Resolution not adopted. Motion made by Vice-Mayor Cruz to defer item pending overall negotiations with the County and the Greater Miami Visitors and Convention Bureau (GMVCB) on tourism related issues; seconded by Commissioner Gottlieb; voice vote: 7-0. Mayra Diaz Buttacavoli to handle.

During discussion of the item, Commissioner Shapiro questioned the status of his request for an analysis as to what extent the City will need additional resort taxes next year in order to offset the rising tourist related expenses. Commissioner Shapiro stated that he is not in favor of transferring additional resort taxes to the VCA until an analysis is prepared..

 

R7C Commission Memorandum No. 112-99

A Resolution Adopting Fiscal Year 1998/99 Budget for the Miami Beach Visitor and Convention Authority (VCA). ($854,844)

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

(Hear in Conjunction with R7B)

ACTION: Resolution No. 99-23059 adopted as amended: total amount of budget to be reduced by $25,000 reflecting Commission action on R7B. Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb; voice vote:7-0. Mayra Diaz Buttacavoli to handle.

City Clerk's Note: Budget reduced from $854,844 to $829,844.

 

R7D Commission Memorandum No. 113-99

A Resolution Approving the Reallocation and Reappropriation of the Remaining 1996-A Parking Revenue Bonds (Bond Fund 485) to Various Ongoing and/or Previously Approved Parking System Projects.

Administration Recommendation: Adopt the Resolution.

(Parking Department)

ACTION: Resolution No. 99-23060 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Smith; voice vote: 6-0; Mayor Kasdin absent. Patricia Walker and Jackie Gonzalez to handle.

City Clerk's Note: The issuance of Parking Revenue Refunding Bonds, series 1996A, in an Aggregate Principal Amount not to exceed $12 Million for the purpose of Refunding the City's Outstanding Parking Revenue Bonds, Series 1988, was approved on February 20, 1996 via Resolution No. 96-21898.

 

R7E Commission Memorandum No. 114-99

A Resolution Adopting the Second Amendment to the Police Confiscation Trust Fund for Fiscal Year 1998/99, in the Amount of $1,215,797, to be Funded from the Proceeds of State Confiscated Funds. (For the Purchase of 48 Vehicles to be Used to Continue the Implementation of the FOP Take-Home Program; Funding Additions to the Renovation of the Report Control Center in the Police Station; the Selective Traffic Enforcement Program; the City's Match for the State of Florida "Stop Violence Against Women" Grant; and Contribution to the Police Athletic League Building Fund).

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 99-23062 adopted. Motion made by Commissioner Dermer; seconded by Commissioner Gottlieb; voice vote: 7-0.

 

R7F Commission Memorandum No. 121-99

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute a Service Agreement with Onyx Florida, LLC, for the Operation of the Stash Site at Bayshore Golf Course, Located North of the Intersection of 28th Street and Meridian Avenue, for a Term Concomitant with Onyx's Service Agreement to Provide Residential Solid Waste and Yard Trash Collection and Disposal Contract, Including Renewal Options.

Administration Recommendation: Adopt the Resolution.

(Sanitation Department)

ACTION: Resolution No. 99-23063 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Smith; voice vote: 6-0; Mayor Kasdin absent. Ronnie Singer to handle.

Commissioner Dermer requested the Administration consult with the residents in the area of the stash site before renewal option is executed.

City Clerk's Note: This item is a waiver of competitive bidding: 5/7ths vote required.

 

R9 - New Business and Commission Requests

 

R9A Commission Memorandum No. 115-99

Board and Committee Appointments for the Meeting of February 3, 1999.

(City Clerk's Office)

ACTION: The following appointments made:

Committee on the Homeless:

Maria Pellerin (Commissioner Cruz) - 12/31/2000

Brian Kraus (Commissioner Smith) - 12/31/2000

Community Relations Board:

Michael Shafir (Commissioner Smith) - 12/31/2000

Visitors and Convention Bureau:

Michael Thompson (Citizen at-large) 12/31/2000

Elsie Howard (Citizen at-large) 12/31/2000

Jack Breisacher (Hotel) 12/31/2000

Handout: Ballot.

Convention Center Advisory Board:

Charles Cinnamon (Promoter/User Jackie Gleason theater) 12/31/2000

Personnel Board:

Warren Stamm 12/31/2000

John Bremer 12/31/2000

Manny Diaz (Human Resources) 12/31/2000

Handout: Ballot.

1. Commission Memorandum No. 116-99

Health Advisory Committee/Appointments

ACTION:

1. Withdrawn.

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

ACTION: 1) Stanley K. Shapiro complimented the Commission and Administration on its handling of the Super Bowl. Mr. Shapiro suggested that the City allocate $100,000 to get the Super Bowl back to Miami. He also commented on the Commission limiting speakers to 4 on major issues and limiting each speaker to 3 items per Commission meeting. 2) Dr. Mihaly Lenart, representing the neighborhood, commented on the use of the Bayshore Stash Site. Commissioner Dermer questioned Dr. Mihaly Lenart asked whether or not he had input into the negotiations with the proposed contractor for the stash site. Dr. Lenart stated that he feels the site is illegal and that he did have input into the new agreement.

Handout:

1. Speaker’s List

2. Letter to Commissioner David Dermer from Dr. Mihaly Lenart, dated February 3, 1999, RE: Bayshore dump site, your letter of November 24, 1998.

 

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

ACTION: Not reached.

 

R9C Discussion on the Status of the Calais Drive Streetscape Project.

(Requested by Commissioner Jose Smith)

ACTION: Discussion held. Commissioner Smith requested that the liquidated damage clause of the contract be executed. Administration to hold further payments. Completion date changed from 11/30/98 to 3/22/99. Julio Graves de Peralta to handle.

 

R9D Discussion of Mayor Neisen Kasdin's Memorandum regarding Negotiations with Miami-Dade County to Cover the Cost of Maintaining and Operating Our Beaches.

(Requested by Commissioner Martin Shapiro)

ACTION: Discussion held. Commissioner Shapiro believes that the Administration (City Manager) should do the negotiations and bring back a recommendation to the City Commission.

Mayor Kasdin, Vice-Mayor Cruz, and Commissioner Smith will address issues with Miami-Dade County.

Commissioner Shapiro stated that he completely objects to this process.

 

R9E Discussion regarding Bringing Professional Boxing and Wrestling to the Miami Beach Convention Center.

(Requested by Commissioner Martin Shapiro)

ACTION: SMG and the Convention Center Advisory to prepare information related to bringing boxing and wrestling to the Convention Center. Mayra Diaz Buttacavoli to handle.

 

R9F Discussion of Adding to the Legislative Priorities a Request from the New World Symphony who will be Seeking an Appropriation from the State of Florida for Renovations to the Lincoln Theater Lobby and Other Enhancements to Their Properties.

(Requested by Mayor Neisen Kasdin)

ACTION: Chris Dunworth presented the request to the Commission. Motion to add the request to the 1999 Legislative Priorities made by Commissioner Liebman; seconded by Commissioner Gottlieb; voice vote: 7-0. Christina Cuervo to notify lobbyist.

 

R9G Discussion regarding the Effect of the new County Lobby Ordinance on Miami Beach Employees. - ADDENDUM AGENDA

(Requested by Commissioner David Dermer)

ACTION: Discussion held. Jean Olin presented. She stated that the County's new ordinance, approved on January 21, 1999, has applicability to the City of Miami Beach. Legal Department will advise the Administration of the impact. Legal Department to handle.

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.

End of Regular Agenda

 

Reports and Informational Items

A City Attorney Commission Memorandum No. 117-99

City Attorney's Status Report.

(City Attorney's Office)

ACTION: Written report presented.

 

B Commission Memorandum No. 118-99

Status Report on the Cultural Campus.

(City Manager's Office)

ACTION: Written report presented.

 

C Commission Memorandum No. 119-99

An Analysis of Actual Revenues and Expenses for the Year Ended September 30, 1998, for General, Enterprise and Internal Service Funds.

(Office of Management and Budget)

ACTION: Written report presented.

 

D Commission Memorandum No. 120-99

Parking Status Report.

(Parking Department)

ACTION: Discussion held. Mayor Kasdin and Commissioner Gottlieb complimented Jackie "Parking" Gonzalez on the operation of the Parking Department.

 

Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

February 3, 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. 99-5

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: Discussion held concerning the county road impact fees and whether or not the fees can be waived by the City as an incentive to leasing the spaces. Administration to review and report back.

DNA, Inc., d/b/a Xando, the subtenant, is requesting the Agency's consent to an assignment of sublease to Xando Florida, Inc. due to liquor licensing requirements. Motion made by Commissioner Liebman approving the assignment; seconded by Commissioner Smith; voice vote: 6-0; Mayor Kasdin absent. Christina Cuervo to handle.

 

B. Redevelopment Agency Memo No. 99-6

Anchor Shops and Parking - Monthly Report on Parking Operations.

ACTION: Written report submitted.

 

3. NEW BUSINESS

A. Redevelopment Agency Memo No. 99-7

Report of the Itemized Revenues and Expenditures of the Miami Beach Redevelopment Agency for the Month Ended December 31, 1998.

(Distributed Under Separate Cover)

ACTION: Written report submitted.

 

End of Agenda

The Commission meeting was adjourned at 5:15 p.m.