City of Miami Beach - City Commission Meeting
Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
April 28, 1999

Mayor Neisen O. Kasdin
Vice-Mayor Susan F. Gottlieb
Commissioner Simon Cruz
Commissioner David Dermer
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 Spirit of Excellence Award/Julie Ruiz & Rene Steinman. 1

PA2 Proclamations/"Oncology Nursing Day". (Kasdin)

PA3 New Item: Proclamation/Duke Ellington Centennial Year. (Cruz)

PA4 New Item: Proclamation/Voyage of SS St. Louis-Days of Remembrance.(Kasdin)

C2A Reject Bid No. 40-98/99, Two Guardhouses at Convention Ctr. 3

C2B BA 45-98/99, Upgrade/Maint./Repair-Surveillance Systems, $11,714.18. 5

C2C PO, Twelve Cushman Utility Vehicles, $130,228.20. 9

C2D PO, 14 Pickup Trucks, $240,790.57. 13

C4A Refer to Finance & Citywide Projects Comm/Offset Sanitation Deficit. 15

C4B Refer to Historic Preservation Bd/Strengthen Sec. 19-6/HP Ord.(Liebman) 17

C7A Placement of 63 Banners for POW WOW '99. 19

C7B Interlocal Agmt: Sunshine State Gov. Fin. Comm., Validate Bonds/Notes. 25

C7C S-Amend HOME Agmt, 1401 Bay Road. 43

C7D Amend BellSouth Srv Agmt for NMLI. 51

C7E Amend BellSouth Srv Agmt for PRINTTRAC. 61

C7F File Grant Application: Recreation Programs for Citizens w/Disabilities. 75

C7G Accept Donation from Delano Hotel of Wooden Kiosk. 79

C7H D-Approp. N. Beach Quality of Life Funds for N. Beach Strategic Plan. 83

C7I Issue RFP No. 52-98/99, Travel Management Srvs. 97

C7J Change Orders, Expansion/Renovation of Bass Museum, $23,732. 133

C7K Appropriation: Improvements to Triangular Island, Adj. to Miami Heart. 137

C7L Interlocal Agmt w/Miami-Dade Co., Erosion Control Breakwater Project. 139

C7M Separate from Agmt-Improvements: Alton Rd/20th St Intersect. 151

R5A 10:45 a.m., 2nd Rdg, Amend Valet Parking Permit Ord. 155

R5B 10:30 a.m., 2nd Rdg, Prohibit Tattoo Parlors, etc., on 1st Fl. 5/7ths 179

R5C 5:01 p.m., 1st Rdg, Amend Land Dev. Regs: Palm View Historic Dist. 5/7 189

R5D 11:00 a.m., 1st Rdg, Estb. Temp. Moratorium on Pay Phone Permits. 5/7 259

R6A D-Verbal Report: Neighborhoods Comm. Mtg, 4/21/99. 265

R6B Verbal Report: Finance & Citywide Proj. Comm. Mtg, 4/22/99. 267

R6C 3:30 p.m., Verbal Report: Land Use & Development Comm. Mtg, 4/26/99. 269

R7A Create & Establish Code Enforcement Task Force. (Smith) 271/SM

R7B D-Issue RFP, 72nd Street Site. 273

R7C Sec. 108 Loan & Grant/St.&Public Facility Improvements/Normandy Shores. 335

R7D Appropriate $8,492,500 for Cultural Campus/Regional Library Project. 343

R7E 3:00 p.m., Grant Easement-63rd St Flyover/Indian Creek Dr Intersection. 347

R7F 10:00 a.m., Joint RDA, Ratify Amendment to Agmt: RDA & Kimley-Horn. 359

R7G 2:00 p.m., Waive Conv. Ctr Charges, $13,500/Mayor's Children's Summit. 377

R9A Board and Committee Appointments. 383

R9B Disc. re: City's Safety Committee Proposal for Bus Route "W". (Cruz) 429

R9C 5:30 p.m., Disc.: Problems Being Experienced, Sunset Harbour. (Cruz) 437

R9D 9:30 a.m., Disc.: Opening of New Movie Theater on Lincoln Rd.(Liebman) 459

R9E 11:30 a.m., Disc.: Proposed Florida Fire Protection Code. (Shapiro) 463

R10A Noon Break, Closed Exec. Session re: Litigation. 465

R10B Noon Break, Closed Exec. Session re: Settlement of Peter Zecchini Case. 467

R10C Disc. re: Possible Settlement of Peter A. Zecchini vs. CMB. 469

REPORTS AND INFORMATIONAL ITEMS

A Status Report on the Cultural Campus. 471

B Status Report on Washington Ave. Task Force - March 1999. 479

C Report on the Movieplex. 487

D Status Report on Public-Private Parking Projects. 491

E 11:30 a.m., Report: Finance Program-Fire Sprinkler/Eng.Life Safety Sys. 495

F Status Report on the Progress of North Beach Construction. 503

G Update on FPL's Frequent Power Outages. 511

REDEVELOPMENT AGENCY ITEMS - 10:00 A.M.

3A Anchor Shops/Pkg Garage Project; Presentation by M. Meyer of Tishman. 1

3B Joint, Amendment to Agmt between RDA and Kimley-Horn & Assoc., Inc. 5

 

Call to Order - 9:20 a.m.

Inspirational Message and Pledge of Allegiance

Requests for Additions, Withdrawals, and Deferrals

 

PA - Presentations and Awards

PA1 Spirit of Excellence Award to be Presented to Julie Ruiz (Student at South Pointe Elementary) and Rene Steinman (Staff Member at Lehrman Day School) Upon Receiving the Spirit of Peace Community Awards from the Miami Beach Junior Community Relations Board.

(Children's Affairs)

ACTION: Awards presented.

PA2 Proclamations to be Presented by Mayor Neisen Kasdin to Miami Heart Institute, Mount Sinai Medical Center and Comprehensive Cancer Center for "Oncology Nursing Day".

ACTION: Proclamations presented by Vice-Mayor Gottlieb.

PA3 Proclamation proclaiming "Duke Ellington Day" Presented by Commissioner Simon Cruz

ACTION: Proclamation presented to Mr. Raymond Hulen.

PA4 Proclamation to be Presented to Ms. Rosita Kenigsberg in remembrance of the terrible events of the Holocaust by proclaiming Sunday, April 11 through Sunday, April 18 as The Voyage of the SS St. Louis Day - "Day of Remembrance" in the City of Miami Beach.

ACTION: Proclamation presented.

CONSENT AGENDA

Consent Agenda approved. Motion made by Commissioner Liebman; seconded by Commissioner Cruz; Voice Vote: 6-0; Absent: Mayor Kasdin.

C2 - Competitive Bid Reports

C2A Commission Memorandum No. 283-99

Request for Approval to Reject the Sole Response, Pursuant to Bid No. 40-98/99 for the Purchase and Installation of Two (2) Guardhouses at the Miami Beach Convention Center.

Administration Recommendation: Reject the Bid.

(Convention Center)

ACTION: Bids rejected. Michael Rath to notify the bidders. Mayra Diaz Buttacavoli to handle.

C2B Commission Memorandum No. 284-99

Request for Approval to Award a Contract to Advanced Technology Systems Integrators, Corporation in the Initial Amount of $11,714.18 and an Annual Amount of $5,499.96, Pursuant to Bid No. 45-98/99 for the Upgrade, Maintenance and Repair of Surveillance Systems. Funding: Parking Department Account.

Administration Recommendation: Approve the award.

(Parking Department)

ACTION: Award authorized. Jackie Gonzalez to handle.

Vice-Mayor Gottlieb requested the Administration address why the City continues to receive so few bidders. Administration to research and respond. Mike Rath to handle.

C2C Commission Memorandum No. 285-99

Request for Approval to Award a Purchase Order to Golf Ventures, Inc. in the Amount of $130,228.20, Pursuant to the State of Florida Contract No. 070-840-99-1 for the Purchase of Twelve (12) Cushman Model 474 Utility Vehicles. Funding: Parking Enterprise Accounts and Risk Management Account.

Administration Recommendation: Approve the award.

(Parking Department)

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

C2D Commission Memorandum No. 286-99

Request for Approval to Award a Purchase Order to Gus Machado Ford, Inc., in the Amount of $240,790.57, Pursuant to the City of Miami Bid No. 97-98-179 for the Purchase of Five (5) 1999 Ford Ranger 4x2 Pickup Trucks, Five (5) 1999 Ford F150 ½ Ton 4x2 Pickup Trucks, Three (3) 1999 Ford 3/4 Ton 4x2 Pickup Trucks and One (1) 1999 Ford F350 1 Ton 4x4 Pickup Truck for the Parking Enforcement, Sanitation and Public Works Departments. Funding: Public Works, Parking Enforcement and Sanitation Budget Accounts.

Administration Recommendation: Approve the award.

(Parking, Public Works, and Sanitation Departments)

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

 

C4 - Commission Committee Assignments

C4A Commission Memorandum No. 287-99

Referral to the Finance and Citywide Projects Committee - Suggestions to Offset Sanitation Deficit Created by Reductions Resulting from Modifications to the Sanitation Commercial Impact Fee.

Administration Recommendation: Refer the matter.

(City Manager's Office)

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

C4B Referral to the Historic Preservation Board regarding Strengthening Section 19-6 (Sec. 4A2) of the Historic Preservation Ordinance which Regulates Demolition Permits in Historic Districts.

(Requested by Commissioner Nancy Liebman)

ACTION: Referred. Dean Grandin to place on Historic Preservation Board agenda.

 

C7 - Resolutions

C7A Commission Memorandum No. 304-99

A Resolution Approving and Authorizing the Placement of 63 Banners for POW WOW '99 to be Held at the Miami Beach Convention Center from May 15, 1999 through May 19, 1999, as Requested by the Applicant, Travel Industry Association (TIA) International POW WOW '99 Host Committee, at the Following Locations: 1901 Convention Center Drive; Lincoln Road, between Collins Avenue and Washington Avenue; 16th Street and Collins Avenue; 2201 Collins Avenue; 4333/4343 Collins Avenue; 4400 Block of Collins Avenue; 4525 Collins Avenue; 4833 Collins Avenue; and 6701 Collins Avenue; Further Requiring that These Banners Meet All City Requirements and be Installed No Earlier than April 30, 1999, and Removed by May 21, 1999.

Administration Recommendation: Adopt the Resolution.

(Arts, Culture and Entertainment)

ACTION: Resolution No. 99-23135 adopted. James Quinlan to handle.

 

C7B Commission Memorandum No. 288-99

A Resolution Approving Change to the Interlocal Agreement of the Sunshine State Governmental Financing Commission Providing for the Voluntary Validation of Revenue Bonds and Commercial Notes Prior to Their Issuance; Authorizing the Appropriate Officials to Approve Certain Changes to Such Document; Providing Certain Other Details in Connection Therewith; and Providing an Effective Date.

Administration Recommendation: Adopt the Resolution.

(City Attorney's Office)

ACTION: Resolution No. 99-23136 adopted. Patricia Walker to handle.

C7C Commission Memorandum No. 289-99

A Resolution Authorizing the Mayor and City Clerk to Execute a Second Amendment to the Amended and Restated Home Investment Partnerships Program (HOME) Agreement Dated July 17, 1996, Between the City of Miami Beach and Bay Road Venture, Inc., Pertaining to the Land Acquisition and Construction of a Condominium Building at 1401 Bay Road, Miami Beach, Florida, in Order to: 1) Decrease the Number of HOME Program Homeownership Units from a Minimum of 37 to a Minimum of 35, and 2) Permit the First Mortgage Lender, a Third Party Financial Institution, to Determine the Home Buyer's Allowable Debt Levels.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Discussion held. Resolution not adopted.

Commissioner Smith expressed concerns regarding potential risk to the City as holder of the second mortgage. Motion made by Commissioner Smith to defer to the next meeting; seconded by Commissioner Shapiro; voice vote: 6-0; Absent: Mayor Kasdin.

Administration to report back with additional information related to "Right to Cure:, "Liberalizing the Underwriting", impact, if any, to the City by reducing the number of units from 37 to a minimum of 35, and maximum financial exposure to the City. Christina Cuervo to handle.

Judy Hoanshelt to place on the May 12th Commission Meeting Agenda.

C7D Commission Memorandum No. 290-99

A Resolution Authorizing the Mayor and City Clerk to Execute an Amendment to the Agreement between the City and BellSouth, Dated January 29, 1997, to Provide an Extension of the BellSouth Service Agreement for Native Mode Lan Interconnection (NMLI) Service at the Following Locations: City Hall, 1700 Convention Center Drive and the Police Department, 1100 Washington Avenue; in an Amount Not to Exceed $36,240, for a Two (2) Year Term, Commencing on January 29, 1999, and Ending on January 28, 2001.

Administration Recommendation: Adopt the Resolution.

(Information Technology)

ACTION: Resolution No. 99-23137 adopted. Kay Randall to handle.

C7E Commission Memorandum No. 291-99

A Resolution Authorizing the Mayor and City Clerk to Execute an Amendment to the Agreement between the City and BellSouth, Dated December 17, 1996, to Provide an Extension of the BellSouth Service Agreement for the Frame Relay Circuit Used by the City of Miami Beach Police Department, 1100 Washington Avenue, to Access Metro-Dade's Fingerprint Service (PRINTTRAC), in an Amount Not to Exceed $11,327.76, for a Two (2) Year Term, Commencing on December 18, 1998, and Ending on December 17, 2000.

Administration Recommendation: Adopt the Resolution.

(Information Technology)

ACTION: Resolution No. 99-23138 adopted. Kay Randall to handle.

C7F Commission Memorandum No. 292-99

A Resolution Approving and Authorizing the City Manager or His Designee to Submit a Grant Application, for an Estimated Amount of $130,000 per Year, for a Three-Year Period, to the United States Department of Education, Office of Special Education and Rehabilitative Services for the Purpose of Funding a Comprehensive Community Based Recreation Program for Citizens with Disabilities; Authorizing an In-Kind Match, in an Amount Not to Exceed 25% of the Second Year Award, and 50% of the Third Year Award; Accepting the Grant and Appropriating the Funds in Compliance with the Terms of the Agreement; and Further Authorizing the Mayor and City Clerk to Execute All Necessary Documents Related to Said Application.

Administration Recommendation: Adopt the Resolution.

(Parks and Recreation Department)

ACTION: Resolution No. 99-23139 adopted. Kevin Smith to handle.

C7G Commission Memorandum No. 293-99

A Resolution Accepting a Donation from the Delano Hotel of a Wooden Kiosk, to Be Modified and Used by the City as a Public Lifeguard Stand; Said Donation's Estimated Value by the City is $5,000.

Administration Recommendation: Adopt the Resolution.

(Parks and Recreation Department)

ACTION: Resolution No. 99-23140 adopted. Kevin Smith and Brad Judd to handle.

C7H Commission Memorandum No. 294-99

A Resolution Appropriating $53,849 in Fiscal Year 1996/97 North Beach Quality of Life Funds for Phase I of the North Beach Strategic Plan; With the Remaining $40,151 Necessary to Complete the Plan to be Included from Fiscal Year 1998/99 Planning Department Operating Budget Salary Savings.

Administration Recommendation: Adopt the Resolution.

(Planning Department)

ACTION: Deferred. Judy Hoanshelt to place on May 12 agenda.

C7I Commission Memorandum No. 295-99

A Resolution Authorizing the Administration to Issue Request for Proposals (RFP) No. 52-98/99 for Travel Management Services.

Administration Recommendation: Adopt the Resolution.

(Procurement Division)

ACTION: Resolution No. 99-23141 adopted. Mike Rath to handle.

C7J Commission Memorandum No. 296-99

A Resolution Approving Change Orders "O" Through "CC" with Danville - Findorff, Inc., in the Total Amount of $23,732, from the Appropriated Funds in Account No. 364.2076.069358, for the Expansion and Renovation of the Bass Museum of Art.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23142 adopted. Julio Grave de Peralta to handle.

C7K Commission Memorandum No. 297-99

A Resolution Authorizing an Appropriation in the Amount of $17,220 into a Work Order for Improvements to the Triangular Island, Located at the Intersection of 47th Court and 48th Street, Adjacent to the Miami Heart Institute.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23143 adopted. Julio Grave de Peralta and Patricia Walker to handle.

C7L Commission Memorandum No. 298-99

A Resolution Authorizing the Mayor and City Clerk to Execute an Interlocal Agreement with the Miami-Dade County Department of Environmental Resources Management to Reimburse Miami-Dade County Up to $250,000 in Eligible Costs Incurred in the Construction of the Central Miami Beach Erosion Control Breakwater Project, Utilizing the Special Grant Funds Awarded to the City for this Project by the State of Florida.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23144 adopted. Julio Grave de Peralta to handle.

C7M Commission Memorandum No. 299-99

A Resolution Accepting the Recommendation of the Neighborhoods Committee to Separate from the October 21, 1998, Homeowners Consensus Agreement, the Proposed Improvements to the Alton Road/ 20th Street Intersection and Directing the Administration to Proceed with the Steps Required to Implement this Modification.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23145 adopted. Julio Grave de Peralta to handle.

End of Consent Agenda

 

REGULAR AGENDA

R5 - Ordinances

R5A Commission Memorandum No. 300-99

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 Valet Parking Permit for Providing Residential Valet Parking; and Providing for Repealer, Severability and an Effective Date. 10:45 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Parking Department)

(First Reading 4/14/99)

ACTION: Public hearing opened and discussion held. Motion made by Commissioner Liebman to defer the ordinance and to meet with the valet operators. No second offered.

Discussion continued. Motion made by Commissioner Cruz to adopt the ordinance approving one Occupational License per business for valet operators (operate out of one office while providing valet services to one or more locations in the City); seconded by Commissioner Dermer. Murray Dubbin, City Attorney, requested that the item be continued to the afternoon to give the Legal Department an opportunity to research and draft the amending language.

In the afternoon, the City Attorney reported that in order to accomplish the above, the business license ordinance needs to be amended (City Code Section 102). The City Attorney office will prepare the ordinance creating a category for valet operators on public property having a master occupational license per business (not per location) for those valet operators who operate out of one office while providing valet service to one or more locations in the city. First reading on May 12th.

Commissioner Cruz discussed the $50 loading zone fee. The loading zone needs to be uniformly applied city-wide.

Commissioner Liebman stated that Ocean Drive needs to be included in the loading zone regulation and suggested that the ordinance come back with a refinement or amendment to include Ocean Drive in the loading zone fee.

Commissioners Cruz and Dermer expressed that the intent is that small businesses should not have to be encumbered with so many different fees.

Motion made by Commissioner Liebman to continue the public hearing to May 12th at 2:30; seconded by Commissioner Dermer. Voice vote: 6-0; Absent Mayor Kasdin. Judy Hoanshelt to place on agenda.

R5B Commission Memorandum No. 301-99

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. 10:30 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(First Reading 2/17/99 - Continued from 3/17/99)

ACTION: Ordinance not adopted. Public hearing opened. Discussion held. Motion was made by Commissioner Liebman to defer the item to May 26th; seconded by Commissioner Smith. Discussion continued. Motion to defer withdrawn. Motion made by Commissioner Liebman to adopt the ordinance. No second offered.

R5C Commission Memorandum No. 302-99

An Ordinance Amending Subpart B of the Land Development Regulations of the City Code; Amending Chapter 118, Entitled "Administration and Review Procedures"; Amending Article X, Entitled "Historic Preservation"; Amending Division 4, Entitled "Designation"; Amending Section 118-593, Entitled "Historic Preservation Designation"; Amending Subsection 118-593(E), Entitled "Delineation on Zoning Map" by Designating the Palm View Historic District, Consisting of a Certain Area Defined by the Following Boundaries: The South Side of Dade Boulevard between Lenox Court and Meridian Avenue (Inclusive of the Collins Canal), the North Side of 17th Street between Lenox Court and Meridian Avenue, the East Side of Lenox Court between Dade Boulevard and 17th Street, and the West Side of Meridian Avenue between Dade Boulevard and 17th Street (Excluding the Meridian Avenue/Dade Boulevard Bridge over the Collins Canal), as More Particularly Described Herein; Providing that the City's Zoning Map Shall be Amended to Include the Palm View Historic District; Adopting the Designation Report Hereto as Appendix "A"; Providing for Inclusion in the Land Development Regulations of the City Code, Repealer, Severability, and an Effective Date. 5:01 p.m. Public Hearing, First Reading

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

(Planning Department)

(Scheduled on 4/14/99)

ACTION: Public hearing held. Ordinance approved on first reading. Motion made by Commissioner Liebman; seconded by Commissioner Shapiro; ballot vote: 6-0; absent: Mayor Kasdin. Second reading and second public hearing scheduled for May 26th at 10:30 a.m. R. Parcher to publish notice. Judy Hoanshelt to place on the May 26th Commission agenda.

Administration and City Attorney to meet with former Mayor Norman Ciment to resolve the zoning problem related to his property.

Handout:

1) Palm View Neighborhood Association Proposal dated 4/27/99 (R5C and R9D)

2) Speakers List

R5D Commission Memorandum No. 303-99

An Ordinance Establishing a Temporary 150-Day Moratorium on the Issuance of All Pay Telephone Permits, Including Renewal Permits, Which Shall Automatically Dissolve Upon the Earlier of the Expiration of the 150-Day Period or Upon the Award of the Request for Proposal and the Execution of a Franchise Agreement to Regulate the Placement of Pay Telephones within the City; Providing for Repealer; Providing for Severability; and Providing for an Effective Date. 11:00 a. m. Public Hearing, First Reading

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

(Public Works)

(Deferred from 4/14/99)

ACTION: Public hearing held. Ordinance approved on first reading. Motion made by Commissioner Liebman; seconded by Commissioner Smith; ballot vote: 6-0; absent: Mayor Kasdin. Second reading and second public hearing scheduled for May 12th at 5:01 p.m. R. Parcher to publish notice. Judy Hoanshelt to place on the May 12th Commission agenda.

Commissioner Liebman directed that Administration continue with developing the R.F.P.

R6 - Commission Committee Reports

R6A Verbal Report on the Neighborhoods Committee Meeting of April 21, 1999: 1) Evaluation of the Necessity to Move Forward with North Bay Road and 20th Street Traffic Modifications; and, 2) Normandy Shores Homeowners Association Request for Island Improvements.

ACTION: Deferred. Judy Hoanshelt to place on the May 12th Commission agenda.

 

R6B Verbal Report on the Finance and Citywide Projects Committee Meeting of April 22, 1999 regarding the Beachwalk Project.

ACTION: Verbal report presented by Commissioner Cruz. The Committee's recommendation was to wait for the Department of Environmental Protection ruling and pursue further action, if necessary, through the appellate process provided by the State. Christina Cuervo to follow up.

City Clerk’s Note: written report submitted at the meeting.

R6C Verbal Report on the Land Use and Development Committee Meeting of April 26, 1999: 1) Discussion on Draft RFP for Public Pay Telephones and Proposed Draft Amendments to City Code regarding Public Pay Telephones; and, 2) Discussion on the Directional Signage for Lincoln Road and Zoning to Prohibit Additional Nightclubs on Lincoln Road.

ACTION: Verbal report presented by Commissioner Liebman:

1) Pay Telephones: Administration to proceed with the R.F.P. and submit for Commission consideration at the May 12th meeting;

2) Directional signage for Lincoln Road deferred by the Committee pending a full presentation;

3) Legal Department to prepare an ordinance for the May 12th Commission meeting addressing a 60-90 day moratorium prohibiting additional nightclubs on Lincoln Road until a consensus is reached by the task force which is to be appointed.

Create a seven (7) member task force with the Mayor and each Commissioner making one (1) individual appointment. Task force members must be affiliated with Lincoln Road. Additional names to be recommended by the City Manager, if necessary. Report back via an L.T.C.. Judy Hoanshelt to place on the May 12th Commission agenda. Ronnie Singer to handle

Vice-Mayor Gottlieb questioned the status of the "global" separation/zoning issues and ordinances regarding nightclubs which would eliminate dark space during the day and which would also include a grandfathering in of existing nightclubs. Commissioner Liebman requested a review of accessory uses in the RM-3 District (nightclubs in residential areas). Dean Grandin to handle.

Commissioner Shapiro questioned the status of the promoter ordinance and the $10,000 bond requirement.

Commissioner Liebman stated that the consensus was to start licensing the promoters and to eliminate the bond requirement pending the results of the licensing requirement.

City Clerk’s Note: written report submitted at the meeting.

R7 - Resolutions

R7A City Attorney Commission Memorandum No. 305-99

A Resolution Creating and Establishing a Code Enforcement Task Force; Prescribing its Duties and Providing for the Manner of its Appointment and Terms of Office of its Members. (Resolution in Legal - To be Submitted)

Recommendation: Adopt the Resolution.

(Requested by Commissioner Jose Smith)

ACTION: Resolution No. 99-23146 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Smith; voice vote: 6-0; absent: Mayor Kasdin.

Administration to follow the procedures used to appoint individuals to the Charter Review Committee. R. Parcher to handle application process.

R7B Commission Memorandum No. 306-99

A Resolution Authorizing the Administration to Issue a Request for Proposals (RFP) for a 4.04 Acres Public/Private Development Opportunity of the City-Owned Lot Known as the "72nd Street Site" Located between Collins and Harding Avenue, and 72nd to 73rd Street.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Deferred. Judy Hoanshelt to place on the May 12th Commission meeting agenda.

R7C Commission Memorandum No. 307-99

A Resolution Authorizing the City Manager, or His Designee, to Submit an Application to the U.S. Department of Housing and Urban Development (HUD) for a Section 108 Loan, in the Amount of $4,000,000, and an Economic Development Initiative Grant, in the Amount of $1,000,000, for Street Improvements on Normandy Isle and Public Facilities Improvements for the North Shore Youth Center; Authorizing the Mayor and City Clerk to Execute Any and All Agreements Related to the Loan and the Grant, if Awarded; and Appropriating Said Loan and Grant Funds, if Awarded.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 99-23147 adopted. Motion made by Commissioner Smith; seconded by Commissioner Cruz; voice vote: 6-0; absent: Mayor Kasdin.

Commissioner Liebman directed the Administration to request the Community Development Advisory Committee (CDAC) to review similar funding capabilities/opportunities to be used in the South Beach area. Christina Cuervo to handle.

R7D Commission Memorandum No. 308-99

A Resolution Appropriating the Funding Necessary for the Construction of the Cultural Campus/ Regional Library Project, in the Total Amount of $8,492,500.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23148 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Cruz; voice vote: 5-0; absent: Mayor Kasdin and Commissioner Shapiro.

R7E Commission Memorandum No. 309-99

A Resolution Granting Conceptual Approval of "At-Grade Alternative 1-B", as Proposed by the Florida Department of Transportation (FDOT), for the Intersection of 63rd Street and Indian Creek Drive; Granting an Eight-Foot Wide Easement, or Otherwise Conveying to the FDOT, an Eight-Foot Wide Strip of Land Along the East Property Line of Brittany Bay Park, Abutting Indian Creek Drive; Said Grant or Conveyance Subject to Approval of Same in a City-Wide Referendum, as Required by Section 1.03(b) of the Miami Beach Charter, and Compliance with the Requirements of Ordinance No. 92-2783; and Further Urging the FDOT to Expedite the Funding and Implementation of This Project.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution not adopted. Discussion held. Item to be placed on the May 12th agenda in the form of a resolution supporting Administration recommendation of Alternative 1-B; Based on the City Attorney’s opinion, the City-wide referendum language is not needed and can be removed; and language requesting the FDOT to install "lane poles" and confirm traffic lights are properly synchronized. Julio Grave de Peralta to handle.

Motion made by Commissioner Liebman requesting FDOT to address the short term solutions of installing of "lane poles" that would reduce or eliminate lane switching and to ensure that the traffic lights are properly synchronized; seconded by Commissioner Cruz; Commissioner Smith amended the motion to include the City to paint the bridge. Amendment accepted by Commissioner Liebman; voice vote: 5-0; absent: Mayor Kasdin and Commissioner Dermer. Julio Grave de Peralta to handle. Judy Hoanshelt to place on the May 12th Commission agenda.

FDOT to provide the Mayor and Commissioners and the Administration with a list of every location where three (3) turning lanes are used. The list to cover the Dade/Broward area.

Mark Alvarez, Transportation and Parking Committee member, requested that his committee be placed on the mailing list to receive notices of future meetings. Julio Grave de Peralta and Jackie Gonzalez to handle.

Handouts:

1) Letter from Ted Berman, P.E., President Biscayne Point Homeowners Association, Inc. to Honorable Nancy Liebman dated April 28, 1999 RE: 3rd Street and Indian Creek Drive intersection.

2) Booklet Florida Department of Transportation - District VI - 63rd Street at Indian Creek Drive. Financial ID number : 2499401, April 28, 1999.

3) Speakers List.

R7F Commission Memorandum No. 319-99

A Resolution Ratifying Amendment No. 1 to the Agreement between the Miami Beach Redevelopment Agency and Kimley-Horn and Associates, Inc., Approved under Resolution No. 99-23073, for Professional Engineering and Landscape Architectural Services, in the Amount Not to Exceed $389,100 for Preparation of Construction Documents, Bidding and Permitting Services for the South Pointe Redevelopment Area First Phase of 3rd Street from Michigan Avenue to Ocean Drive, and Washington Avenue from 5th Street to South Pointe Drive. Joint City Commission and Redevelopment Agency

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Heard in conjunction with RDA item 3B. Resolution not adopted. Discussion held. Motion to defer the item for one month made by Commissioner Dermer; seconded by Commissioner Shapiro; voice vote: 5-1 (opposed: Commissioner Liebman); absent: Mayor Kasdin.

Refer the issue to the next meeting of the South Pointe Advisory Board and report back to the Commission in one month. Marla Dumas to handle. Judy Hoanshelt to place on the May 26th Commission meeting agenda.

R7G Commission Memorandum No. 310-99

A Resolution Authorizing Waiver of the Miami Beach Convention Center Rental Charges, in the Amount of $13,500, for the Mayor's Children's Summit, to be Held August 3-4, 1999, at the Miami Beach Convention Center.

Administration Recommendation: Adopt the Resolution.

(Requested by Mayor Neisen Kasdin)

ACTION: Resolution No. 99-23149 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Liebman; voice vote: 4-0; absent: Mayor Kasdin and Commissioners Dermer and Shapiro. Maria Ruiz to be part of the organizing committee. Mayra Diaz Buttacavoli to handle.

 

R9 - New Business and Commission Requests

R9A Commission Memorandum No. 311-99

Board and Committee Appointments for the Meeting of April 28, 1999.

(City Clerk's Office)

ACTION: No appointments made.

Motion made by Commissioner Liebman to extend the terms through May 26th of those board and committee members with terms expiring on December 31, 1998 unless a new appointment is made; seconded by Commissioner Cruz; voice vote: 6-0: absent: Mayor Kasdin.

Commissioner Liebman requested that the expiration date of the parking decals to be extended and Administration to handle parking tickets issued to board or committee members who fall into the above category.

R9B Discussion regarding a Draft Proposal by the City's Safety Committee for Bus Route "W".

(Requested by Commissioner Simon Cruz)

(Deferred from 4/14/99)

ACTION: Not reached. Judy Hoanshelt to place on May 12 agenda.

R9C Discussion regarding Problems Being Experienced by the Residents of Sunset Harbour.

(Requested by Commissioner Simon Cruz)

ACTION: Jay Plotkin, resident of Sunset Harbour South, and Carlos Armaro, unit owner in the North Tower, presented their overall concerns with the builder to the Commission and specifically expressed their concern with the faulty construction resulting in problems with the balconies.

The City Manager expressed his concerns with the public improvements in the area. An on-site meeting with the developer (Pacific International) will be held on April 30th to address the issue of public improvements (street and median landscaping) and the concerns of the tower residents. Julio Grave de Peralta to handle.

Vice-Mayor Gottlieb stated that the developer, pursuant to an agreement, was responsible for the cost of the public improvements including Island View Park. Administration to review the agreement and report back to the Commission. Christina Cuervo to handle.

General concerns: broken streets and sidewalks; waiting for street beautification; litter in the median; enforce street /parking/traffic laws; City was requested to reinspect the townhomes. Julio Grave de Peralta, Chief Barreto, Robert Thomas, and Jackie Gonzalez to handle.

Administration to meet with Cliff Shulman and Robert Fine attorneys for the developer. Janet Gavarrete to handle.

R9D Discussion of the Opening of the New Movie Theater on Lincoln Road and the City's Plans relating to Security and Parking Issues for the Surrounding Neighborhoods and the Lincoln Road Merchants.

(Requested by Commissioner Nancy Liebman)

ACTION: Discussion held. Commissioner Liebman informed the Commission of the concerns expressed by the residents of the Palm View neighborhood: 1) the parking, 2) traffic; 3) security issues; and 4) sanitation in anticipation of the scheduled May 21st opening date of the theater.

The City Manager stated that the residents concerns have been identified through previous meetings among the staff, Finestra representatives, and the public and a preliminary action report has been prepared. The Administration will be sending an L.T.C. to the Commission outlining the specific plan of action that will address the concerns associated with the anticipated opening.

Commissioner Dermer questioned the possibility of having the theater operator provide the necessary security through off-duty police. Commissioner Smith stated that the security, as explained by Mr. McDowell, was too restrictive in the security responsibilities of the developer and that under premise liability law it is the developer's duty to provide protection and security to the customers, people who walk around the neighborhood, and to adjacent property owners. Carter McDowell, representing Finestra Development, informed the Commission that they will be communicating and cooperating with the City and are willing to do their fair share by providing security to their property and to the immediate surrounding areas.

Carter McDowell informed the Commission and Administration that George Panarits does not speak on behalf of Finestra.

Commissioner Liebman requested further exploration of: 1) possibility of a special assessment district; short term solution for the City to extend police and sanitation services; 3) public works issues and to report back in 2 weeks.

Vice-Mayor Gottlieb requested the City Manager chair future meetings and report back in 2 weeks. Judy Hoanshelt to place on May 26 agenda.

Commissioner Dermer stated that the plan presented by the neighbors is a good plan and has gained consensus among the neighbors. Administration to follow up with the homeowners.

Handout:

1) Lincoln Road Movieplex May 1999 which covers Police, Security Operations, Parking, Traffic Management, Sanitation, Property Management, Parks/Landscape Maintenance, Code, Arts, Culture, and Entertainment, and Public Works.

2) Speaker’s List (to receive copies of the report)

R9E Discussion regarding the Proposed Florida Fire Protection Code.

(Requested by Commissioner Martin Shapiro)

ACTION: Heard in conjunction with informational Report "E". Discussion held. Commissioner Smith requested that the issue be bifurcated and announced that he has a conflict with the funding issue (Report "E"). CMB Fire Marshall informed the Commission that the City is mandated to enforce the 1991 edition of the NFPA as adopted by the City on June 19, 1996.

Administration and the Legal Department to meet with the Council of Condominiums within the next week to resolve the issues and report back to the Commission via an L.T.C. Mayra Diaz Buttacavoli and Acting Fire Chief Thompson to handle.

Handout: LTC No. 92-1999 RE: Condominium Status - Sprinklers

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 Litigation Involving the Following:

West Side Partners, Ltd., a Florida Limited Partnership; East Coastline Development, Ltd., a Florida Limited Partnership; 404 Investments, Ltd., a Florida Limited Partnership; Azure Coast Development, Ltd., a Florida Limited Partnership; Beachwalk Development Corporation, a Florida Corporation; Portofino Real Estate Fund, Ltd., a Florida Limited Partnership; St. Tropez Real Estate Fund, Ltd., a Florida Limited Partnership; and Sun & Fun, Inc., a Florida Corporation, vs. City of Miami Beach, a Florida Municipal Corporation. Eleventh Judicial Circuit, General Jurisdiction, Case No. 98-13274 CA08.

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, Deputy City Attorney Bob Dixon, and Special Counsel Rick Ovelmen.

ACTION: Executive session announced and held.

R10B 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 Possible Settlement for the Following Case:

Peter A. Zecchini vs. City of Miami Beach. U.S. District Court Southern District, Case No.96-3308.

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, and Chief Deputy City Attorney Donald Papy.

ACTION: Executive session announced and held.

R10C Discussion regarding the Possible Settlement of Peter A. Zecchini vs. City of Miami Beach Case No. 96-3308.

(City Attorney's Office)

(Documents in Legal - To be Submitted)

ACTION: Resolution No. 99-23150 adopted. Motion made by Commissioner Smith to accept the City Attorney’s recommendation of $112,500 settlement; seconded by Commissioner Liebman; voice vote: 5-0; absent: Mayor Kasdin and Commissioner Shapiro.

End of Regular Agenda

Reports and Informational Items

A Commission Memorandum No. 312-99

Status Report on the Cultural Campus.

(City Manager's Office)

ACTION: Written report submitted.

B Commission Memorandum No. 313-99

Status Report on the Washington Avenue Task Force - March 1999.

(City Manager's Office)

ACTION: Written report submitted.

C Commission Memorandum No. 314-99

Report on the Movieplex.

(City Manager's Office)

ACTION: Heard in conjunction with item R9D.

D Commission Memorandum No. 315-99

Status Report - Public-Private Parking Projects.

(City Manager's Office)

ACTION: Written report submitted.

E Commission Memorandum No. 316-99

Report on the City Facilitated Financing Program for Fire Sprinkler/Engineered Life Safety Systems for High-Rise Residential Buildings.

(Finance Department)

ACTION: Heard in conjunction with item R9E. Finance Director Patricia Walker presented a verbal report on the results of the meetings held with area banks who will be assisting in the loan program. The terms of the program are outlined in the Commission memorandum.

City Clerk’s Note: Commissioner Smith filed Form 8B Conflict of Voting Memorandum on item "E".

Handout: Informational booklet "City of Miami Beach Fire Sprinkler Program/Engineered Life Safety System Financing Program"

F Commission Memorandum No. 317-99

Status Report on the Progress of North Beach Construction.

(Public Works)

ACTION: Written report submitted.

City Clerk’s Note: In reference to the 65 Royal Palms previously rejected by the City, S.I. Nicholas and Vila & Son have agreed to provide a one year maintenance period and a one year warranty on the trees. The maintenance period began on March 11, 1999 and will continue to March 11, 2000 and the warranty period will continue to March 11, 2001. Should any palm tree(s) be deemed by the City to be in need of replacement, a minimum 90 day maintenance period and a one year warranty will apply to the replacement tree(s).

G Commission Memorandum No. 318-99

Update on FPL's Frequent Power Outages and Plans to Meet Future Electrical Demand.

(Public Works)

ACTION: Written report submitted.

 

Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

April 28, 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

3. NEW BUSINESS

A. Redevelopment Agency Memorandum No. 99-20

Status Report on the Construction of the Anchor Shops and Parking (16th Street Garage), the Loews Hotel Project and a Presentation by Michael Meyer of Tishman Hotels LP.

ACTION: Michael Meyer’s, representing the Tishman Hotel Group, presented a verbal status report on the hotel and garage.

Legal Department to inform Commissioner Smith if litigation proceeds.

B. Redevelopment Agency Memorandum No. 99-21

A Resolution Approving and Authorizing the Chairman and Secretary to Execute Amendment No. 1 to the Agreement with Kimley-Horn and Associates, Inc., Approved under Resolution No. 314-99 for Professional Engineering and Landscape Architectural Services, in the Amount Not to Exceed $389,100 for Preparation of Construction Documents, Bidding and Permitting Services for the South Pointe Redevelopment Area First Phase of 3rd Street from Michigan Avenue to Ocean Drive, and Washington Avenue from 5th Street to South Pointe Drive. Joint City Commission and Redevelopment Agency

ACTION: Head in conjunction with item R7F. Resolution not adopted. Discussion held. Motion to defer the item for one month made by Commissioner Dermer; seconded by Commissioner Shapiro; voice vote: 5-1 (opposed: Commissioner Liebman); absent: Mayor Kasdin.

Refer the issue to the next meeting of the South Pointe Advisory Board and report back to the Commission in one month. Marla Dumas to handle. Judy Hoanshelt to place on the May 26th Commission meeting agenda.

City Clerk Note: Estimated Phase I construction budget: $5,066,000.

Basic design services ($5.98% of construction budget) for a total of $303,000.

Specialty Services: Total $82,100

Reimbursements $4,000

End of Agenda

The Commission meeting was adjourned at 7:41p.m.