City of Miami Beach - City Commission Meeting
Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
May 10, 2000

 

 

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

AFTER ACTION

 

PA1 Certificate of Apprec/Dennis Leyva, Liaison to Comm. Relations Bd.

PA2 D-Certificate of Apprec/Angelo Paloumbis, Code Compl. Officer, Valor.

PA3 Certificate of Apprec/William R. Renuart, Retired from MB Sr. High. (Garcia)

PA4 Certificate of Apprec/Spirit of Excellence.

PA5 Certificates of Apprec/Officers Daniel Rivlin, Robert Taylor&Will Greensher.

PA6 Certificates of Apprec/Craig Carpentieri & Parks Tree Maintenance Crew. 1

PA7 Proclamation/Civility Month. 3

PA8 New Item: Certificate of Apprec./Lisa Cole, For Service on the VCA.

PA9 New Item: Proclamation/National Public Works Week, May 17-23.

PA10 New Item: Cert. of Apprec./Judi Sherry, Retirement from the City.

PA11 New Item: Proclamation/Emergency Medical Services Week 2000, May 14-20.

C2A BA 68-99/00, Elevator Modifications, MB Convention Center, $36,520. 5

C2B BA 50-99/00, Spitter Tickets, Hang Tags & Two Part Tickets, $26,675.40 7

C2C BA 76-99/00, Machine Shop and Metal Fabrication Services, $25,000. 9

C2D BA 82-99/00, Rental of Five (5) School Buses w/Driver, $29,375. 11

C2E BA 74-99/00, Litter Collection Vehicles, Sanitation Dept. 13

C4A Ref: Joint Mtg. Finance & CW Proj & Land Use Comm, RFP Beachfront Conc. 15

C4B Ref: Land Use & Develop. Comm., F.A.R.'s, Mechanical/Equip. Space. 17

C4C Ref: Fin.&CW Proj. Comm., Mt. Sinai/Issue Tax Exempt Bonds,$175,000,000. 21

C4D Ref: Land Use & Develop. Comm., Art in Public Places 1/2% Allocation. 23

C7A Place 80 Banners from May 12-27, Aqua Girl 2000. 27

C7B Grant: Miami-Dade Co., Support 4th of July Celebration, $25,000. 39

C7C Sublease for Office Space at Historic City Hall. 41

C7D Execute Agmt, $40,000, Consulting Appraisal & Advisory Svcs,72nd St.5/7 47

C7E W-Appropriate Funds, Hurricane Feasibility Study, City Hall/Police. 57

C7F Agmts w/Douglas Gardens & Salvation Army re: Homeless. 61

C7G Issue Cert. of Consistency, Douglas Gardens. 97

C7H S-Approve Change Orders "IIII" to "ZZZZ", Bass Expansion/Renovation. 105

C7I Approve Funding for North Shore Community Area, $130,684. 109

C7J Appropriate Funds, $30,000, Palm View Neighborhood Improvements. 113

C7K Authorize City Manger to Sign Contracts During Hurricane Season. 117

C7L Appropriate $13,344, A/E Services, 12 St Garage Renovation. 119

C7M Set Public Hearings, Approve Uses in GU Govt. Dist., Jewish Comm. Ctr. 133

C7N Accept Donation, $5,000 for MB Police Dept. K-9 Dog. 143

C7O Accept Supplemental Grant, $150,881, Dept. of Justice, HIDTA. 145

C7P S-Retroactive Appl. for Grant, Dept. of Justice, Hiring Program. 149

C7Q Rank/Nego, RFP 44-98/99, Mobile Computing System, MB Police Dept. 153

C7R Amendment to Police Confiscation Trust Fund, FY 99/00, $112,568. 157

C7S Accept $231,000 EDI Grant, Develop No. Beach Recreational Corridor. 163

C7T Appropriate $375,000, Award Contract, $343,000/Golf Courses. 167

C7U Issue RFP, Group Medical Insurance, CMB Employees' Benefit Plan. 171

C7V Amend Interlocal Agmt, Operation of Electrowave Shuttle in S. Beach. 205

C7W Execute Prof. Svc. Agmt, Feasibility Study, Electric Shuttle Facility. 209

C7X Amend Agmt, Legal Svcs, Conc. Mgmt Sys/Transp. Conc. Mgmt Area, $5,000.233

C7Y Amend Agmt, Carr Smith Corradino, $20,000, Appropriate Funds. 239

C7Z Declare Intent to Reimburse, Debt for Improvements to Golf Courses. 247

C7AA Execute Termination/Abandonment of Easement, 1420-1428 West Ave. 251

C7BB Place 25 Banners from May 22-June 4, Brazilian Film Festival. 263

C7CC Issue Change Order, 77th St. Beautification Project, $105,347.50. 273

C7DD S-Waive Rental Charges, Jackie Gleason, Crusade Against Drugs, $1,000. 277

C7EE S-Waive Rental Charges, Conv. Center, American Cancer Society, $5,400. 283

C7FF Approve Proposal, Contract with Alliance/IFP, $27,500. 287

C7GG Support Comm. Barreiro's Ord., Restore Public Rights-of-Ways. (Kasdin) 293

C7HH Waive Conflict of Interest, Laurence Feingold. 301

REGULAR AGENDA

R5A 11:00 a.m. 2nd Rdg, Increase Special Master Penalties. 305

R5B 1st Rdg, Authorize Pension Board to Exercise Independent Judgment. 325

R5C 1st Rdg, Amend Committee for Quality Education in Miami Beach Schools. 337

R5D 11:15 a.m., 2nd Rdg, Under 21 Years Old Patrons of Alcoholic Bev. Estab 343

R5E 2:00 p.m., 2nd Rdg, Concurrency Management System. 363

R5F 2:15 p.m., 2nd Rdg, Lobbyists Expenditure Report Requirements.(Dermer) 379

R5G 2:30 p.m., 2nd Rdg,Prohibit Campaign Contrib./Vendors.(Dermer/Cruz/Smith)387

R5H 2:45 p.m., 2nd Rdg, Amend Agencies, Boards and Committees Ord.(Dermer) 395

R5I Proscribe CMB Commission/Conflict Employment,Contrac. Relation.(Dermer) 411

R6A Report: Neighborhoods Comm. Mtg of 4/10/00. 415

R6B Verbal Report: Finance & CW Proj. Comm. Mtg of 5/8/00. 425

R7A Extend Lease Agmt, 777-17th St., Parking Dept, Approp. $20,196.64. 421

R7B 4:00 p.m., Adopt Amended Rules & Regulations, Beachfront Concessions. 427

R7C W-Execute Lease Agmt, Unidad, Use of 2nd Fl, 833 6th Street. 467

R7D Ratify Settlement, Lupita & Charles Tucker, $200,000. 483

R7E Joint, 10:30 a.m., Open/Cont:Dev. Agmt/Amer. Riviera: 224 23rd St. 487

R7F Joint, 10:31 a.m., Open/Cont:Dev. Agmt/Amer. Riviera: 300&340 23rd St. 495

R7G Joint, 10:00 a.m., Amend Amgt, Kimley-Horn, $8,500, Landscape Services. 503

R7H Develop Network of Bicycle/Pedestrian/Greenway Facilities. 511

R7I 3:30 p.m., Amend Agmt, Hours of Construction, Collins Ave. 521

R7J 3:30 p.m., Award Agmt, $25,000, Appropr. Funds, Collins Ave. 5/7 525

R7K W-Accept Hotel Room Verification, Art Basel Event, MB Conv. Center. 547

R7L Urge Miami-Dade County, Amend Policies re:Road Impact Fees. (Liebman) 569

R9A Board and Committee Appointments. 573

R9B1 1:30 p.m., Dr. Stanley Sutnick Citizens' Forum. 619

R9B2 5:30 p.m., Dr. Stanley Sutnick Citizens' Forum. 619

R9C Report: New Debit Card Pkg Meter System. (Dermer) 621

R9D Disc. Name Comm. Bower as Co-Liaison, Education Oversight Comm.(Smith) 731

R9E Disc. Revisit the Newsrack Ordinance.(Liebman) 733

R9F Disc. Creation of a 'Thomas Edison' Award. (Garcia) 737

R9G Noon Break, Committee of the Whole Meeting re: Mayor's Office Budget. 739

R9H Disc. Create Senior Crime Task Force. (Garcia) 741

R9I 4:30 p.m., Disc. Noise Complaints, 400 Block of Collins Ave. (Bower) 747

R9J Disc. Status Report on Bus Shelters. 749

R9K 11:45 a.m., Disc. Summer Season Program. (Garcia) 751

R9L 3:30 p.m., Disc. Collins Avenue Redevelopment. (Bower) 753

R9M Disc. City Manager Selection Process. (Liebman) 755

R10 - CITY ATTORNEY REPORTS

R10A Executive Session: Charles and Lupita Tucker v. CMB. 759

R10B Executive Session: West Side Partners V. CMB 761

R10C Executive Session: 4381 Indian Creek Drive. 763

REPORTS AND INFORMATIONAL ITEMS

A City Attorney's Status Report. 765

B Parking Status Report. 769

C 9:45 a.m., Report on Georgian Condominium & the Loews Hotel. 787

D Public Hrgs, Planning Board. 793

E Status Report on 42nd Street Parking Garage. 795

F Verbal Report on the Ablon Property. 797

G 3:00 p.m., Report on the 17th St Jet Ski Watersport Concession. 799

REDEVELOPMENT AGENCY ITEMS - 10:00 A.M.

2A Status Report: Loews Hotel, Anchor Shops, Royal Palm Crowne Plaza. 1

2B Monthly Report on Parking, Anchor Shops & Parking, March 2000. 9

2C Joint, 10:30 a.m., Open/Cont: Dev. Agmt w/Amer. Riviera:224 23rd St. 15

2D Joint, 10:31 a.m., Open/Cont: Dev. Agmt w/Amer. Riviera:300&340 23rd St. 25

3A Report of Itemized Rev. & Expend. of RDA, Months Ending Mar. 2000. 35/SC

3B Joint,Amend Agmt, Kimley-Horn, $8,500, Landscape Svcs, S. Pte Strscape. 37

3C Approve Summer Pilot Program, Parking Rate Structure. 45

3D Reappropriate $126,638.90, and Pay $74,871; Brokerage Commissions. 59

 

Call to Order - 9:34 a.m.

Inspirational Message and Pledge of Allegiance

Requests for Additions, Withdrawals, and Deferrals

 

PA - Presentations and Awards

9:38a

PA1 Certificate of Appreciation to be Presented to Dennis Leyva, Former Member/Liaison to the Community Relations Board.

(Requested by Mayor Neisen Kasdin)

ACTION: Presented.

 

PA2 Certificate of Appreciation to be Presented to Angelo Paloumbis, Code Compliance Officer for Valor and Heroism in Assisting Two Victims.

(Requested by City Manager's Office)

ACTION: Deferred.

 

9:44a

PA3 Proclamation to be Presented to Dr. William R. Renuart, Retired from Miami Beach Senior High School.

(Requested by Commissioner Luis R. Garcia)

(Deferred from 4/12/00)

ACTION: Presented.

 

9:48a

PA4 2000 Spirit of Excellence Award Plaque to be Presented to James Balzano and Jennifer Sanders.

(Office of Children's Affairs)

ACTION: Presented.

 

10:05a

PA5 Certificate of Appreciation to be Presented to Officers Daniel Rivlin, Robert Taylor and Will Greensher for Outstanding Performance in their Work.

(Police Department)

ACTION: Certificate presented to Robert Taylor. Not present were Dr. D. Rivlin and Will Greensher.

 

9:55a

PA6 At Your Service Employee for April - Craig Carpentieri, Cultural Arts Council; and for May - the Members of the Tree Maintenance Crew, Parks and Recreation Department: Charles White, James Rollison, Rufus Holcomb, John White, Jeffrey Green, Bravid Harris, Rick Martinez and Azam Ali.

(Requested by City Manager's Office)

ACTION: Presented.

 

10:21a

PA7 A Proclamation for the Month of May as Civility Month.

(Requested by Mayor Neisen Kasdin)

ACTION: Not Presented.

ADD-ON ITEM:

 

10:03a

PA8 Certificate of Appreciation to be presented to Lisa Cole, for Service on the VCA.

(Requested by Mayor Neisen Kasdin)

ACTION: Presented.

 

10:10a

PA9 Proclamation to be presented to National Public Works Week, May 17-23, 2000.

(Requested by City Manager's Office)

ACTION: Presented.

 

10:13a

PA10 Proclamation to be presented to Judi Sherry, In appreciation of 18 years of service to the City of Miami Beach . Chief Barreto's secretary for the past six years during his tenure as Chief.

(Requested by Police Chief Richard Barreto)

ACTION: Presented.

 

10:17a

PA11 Proclamation to be presented to Emergency Medical Services Week of May 14-20, 2000.

(Requested by Mayor Neisen Kasdin)

ACTION: Presented.

CONSENT AGENDA

10:23a

Consent Agenda approved. Motion made by Commissioner Bower; seconded by Commissioner Smith; Voice vote: 7-0.

C2 - Competitive Bid Reports

10:37a

C2A Commission Memorandum No. 321-00

Request for Approval to Award a Contract to Atlantic Elevator Sales & Service, Inc. in the Annual Amount of $36,520, Pursuant to Bid No. 68-99/00, for Elevator Modifications for the Miami Beach Convention Center.

Administration Recommendation: Approve the award.

(Convention Center)

ACTION: Separated for discussion. Procurement Department to re-bid. Gus Lopez to handle.

Commissioner Liebman asked if this item was on the original priority list? Mr. Doug Tober stated it was.

Commissioner Liebman requested that future Convention Center Agenda items expending money need to identify whether the item was on the original expenditure priority list.

Commissioner Cruz requested that Commissioner Garcia review the bid process with the Administration to determine if anything can be done to improve the number of bid responses. Commissioner Garcia accepted and stated that it will take a month or so.

Commissioner Bower requested Gus Lopez to set up a meeting with her.

 

C2B Commission Memorandum No. 322-00

Request for Approval to Award a Contract to Two (2) Vendors in the Estimated Annual Amount of $26,675.40, Pursuant to Bid No. 50-99/00, for the Purchase of Spitter Tickets, Scratch-Off Hang Tags and Two Part Tickets.

Administration Recommendation: Approve the award.

(Parking Department)

ACTION: Separated for discussion with item C2A. Award approved. Jackie Gonzalez to handle.

 

C2C Commission Memorandum No. 323-00

Request for Approval to Award a Contract to Condo Electric Motor Repair, in the Estimated Annual Amount of $25,000, Pursuant to Bid No. 76-99/00 for Machine Shop and Metal Fabrication Services.

Administration Recommendation: Approve the award.

(Public Works)

ACTION: Separated for discussion with item C2A. Award approved. Julio Grave de Peralta to handle.

 

C2D Commission Memorandum No. 324-00

Request for Approval to Award a Contract to ABC Bus Services Inc., in the Annual Amount of $29,375, Pursuant to Bid No. 82-99/00, for the Rental of Five (5) 66-Passenger School Buses with Driver for the City's Summer Program.

Administration Recommendation: Approve the award.

(Parks and Recreation)

ACTION: Separated for discussion with item C2A. Award approved. Kevin Smith to handle.

 

C2E Commission Memorandum No. 325-00

Request for Approval to Award a Contract to Tennant Company Inc., in the Amount of $52,199.91, Pursuant to Bid No. 74-99/00, for the Purchase of Three (3) Litter Collection Vehicles for the Sanitation Department.

Administration Recommendation: Approve the award.

(Sanitation Department)

ACTION: Separated for discussion with item C2A. Award approved. Robert Thomas and Drew Terpak to handle.

 

C4 - Commission Committee Assignments

 

C4A Commission Memorandum No. 326-00

Referral to Joint Meeting of the Finance and Citywide Projects and the Land Use Committee - Discussion of a Request for Proposals for the Operation and Management of Beachfront Concessions on the Beaches East of Lummus Park and Marjory Stoneman Douglas Park.

Administration Recommendation: Refer the matter.

(Asset Management)

ACTION: Referred. Patricia Walker and Janet Gavarrete to coordinate a joint meeting.

 

C4B Commission Memorandum No. 327-00

Referral to the Land Use and Development Committee - Request to Consider an Amendment to the Zoning Ordinance regarding Floor Area Ratios (F.A.R.'s) in Relation to Mechanical/Equipment Space Requirements in Historic Districts.

Administration Recommendation: Refer the matter.

(City Manager's Office)

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

 

C4C Commission Memorandum No. 328-00

Referral to the Finance and Citywide Projects Committee - Request by Mount Sinai Medical Center to the Miami Beach, Florida Health Facilities Authority to Issue, in its Behalf, Not to Exceed $175,000,000 in Tax Exempt Bonds to Refinance Certain Currently Outstanding Tax-Exempt Debt and to Fund Certain Additional Capital Projects.

Administration Recommendation: Refer the matter.

(Finance Department)

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

 

C4D Referral to the Land Use and Development Committee - Request from the Art in Public Places Committee to Consider the Possibility of Adding a Requirement that One Half of One Percent (2%) of the Cost of Private Construction Projects Over Five Million dollars ($5M) be Allocated to Art Visible from the Street to be Reviewed and Approved by Art in Public Places.

Administration Recommendation: Refer the matter.

(Commissioner Nancy Liebman)

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

 

C7 - Resolutions

C7A Commission Memorandum No. 329-00

A Resolution Approving and Authorizing the Placement of Eighty (80) Banners from May 12th to May 27th, 2000, for Aqua Girl 2000, as Requested by the Applicant at the Following Locations: 41st Street from Alton Road to Pinetree Drive, Collins Avenue from 7th Street to Lincoln Road, Washington Avenue from 7th Street to 16th Street, and Macarthur Causeway from the City of Miami Beach Limits to Alton Road. Said Banners to Be Affixed to Light Poles in the Public Right-Of-Way, Measuring 3' X 7' and Having Copy and Design as Shown on the Attached Drawings; the Administration Further Recommends That These Banners Be Installed No Earlier than May 11th, 2000, and Removed by May 30th, 2000.

Administration Recommendation: Adopt the Resolution.

(Arts, Culture and Entertainment)

ACTION: Resolution No. 2000-23882 adopted. James Quinlan to handle.

City Clerk's Note: The resolution needs to be changed to reflect the current code section rather than ord 89-2665. This note should be deleted when the reso is corrected and signed.

C7B Commission Memorandum No. 330-00

A Resolution Approving and Authorizing the City Manager, or His Designee, to Support the Year 2000 Fourth of July Celebration, with Funding from the Resort Tax Revenues for City Services and Fireworks, as a Cash Contribution, in the Amount of $25,000.

Administration Recommendation: Adopt the Resolution.

(Arts, Culture and Entertainment)

ACTION: Resolution No. 2000-23883 adopted. James Quinlan to handle.

 

10:25a

C7C Commission Memorandum No. 331-00

A Resolution Approving a Sublease by and between Noble Communications, Inc. and Affordable Landmarks for the Office Space on the 5th Floor of Historic City Hall, Located at 1130 Washington Avenue, Miami Beach, Florida.

Administration Recommendation: Adopt the Resolution.

(Asset Management)

ACTION: Separated for discussion. Resolution No. 2000-23884 adopted. Joe Damien to handle.

 

C7D Commission Memorandum No. 332-00

A Resolution Authorizing the City Manager to Execute Letter of Agreements with (I) Integra Realty Resources for an Aggregate Fee Not to Exceed $20,000 and (ii) Abramson & Associates, Inc. for an Aggregate Fee Not to Exceed $20,000, for Consulting Appraisal and Advisory Services in Connection with the Proposed Public-Private Development at the 72nd Street Site, and Waiving by 5/7ths Vote the Public Bidding Process in Connection with the Procurement of These Services, Finding Such Waiver to Be in the Best Interest of the City.

Administration Recommendation: Adopt the Resolution.

(Asset Management)

ACTION: Separated for discussion. Resolution No. 2000-23885 adopted.

City Manager Lawrence Levy stated that the City expert reviewed the 72nd Street RFP and the preliminary estimated the value of the land to be $2.5 to $3.0 million. The City is waiting for the final feasibility study and the recommended negotiation model. Christina Cuervo and Patricia Walker to handle.

 

C7E Commission Memorandum No. 330-00

A Resolution Authorizing the Appropriation of Funds in the Not to Exceed Amount of $50,000, from the General Fund Operating Contingency for the Feasibility Study of City Hall and the Police Facility to Determine Compliance with State Hurricane Shelter Selection Guidelines.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Withdrawn.

 

C7F Commission Memorandum No. 334-00

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute an Agreement with Douglas Gardens Community Mental Health Center, for $40,000, to Provide Outreach and Intervention Services for the City of Miami Beach's Homeless Population, with Funding from the City of Miami Beach Police Department; and Approving and Authorizing the Mayor and City Clerk to Execute an Agreement with the Salvation Army, for $30,594, to Provide Emergency Shelter Beds to the City of Miami Beach's Homeless Population, with Funding from the City of Miami Beach General Fund; Authorizing the Allocation of City of Miami Beach General Funds, in the Amount of $30,594, and City of Miami Beach Police Department Funds, in the Amount of $40,000, for this Purpose.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

(Deferred from 4/12/00)

ACTION: Resolution No. 2000-23886 adopted. Christina Cuervo to handle.

 

C7G Commission Memorandum No. 335-00

A Resolution Approving and Authorizing the City Manager to Issue Certifications of Consistency with the City's Consolidated Plan to Douglas Gardens Community Mental Health Center of Miami Beach, Inc. To Utilize Funds Provided Directly by the U.S. Department of Housing and Urban Development to Continue Providing Housing to Formerly Homeless Persons with Disabilities at the Mayfair Hotel, 1960 Park Avenue, Miami Beach, and to Continue Operating an Outreach Team Program Providing Mobile Outreach and Case Management Services for Homeless Persons.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 2000-23887 adopted. Christina Cuervo to handle.

 

C7H Commission Memorandum No. 336-00

A Resolution Approving Change Orders "IIII" Through "ZZZZ" with Danville - Findorff, Inc., in the Amount of $49,011 and Appropriating Additional Funding in the Amount of $49,011, from Unexpended Balance in Gulf Breeze Loan Pool, to Pay for the Above Stated Change Orders for the Expansion and Renovation of the Bass Museum of Art.

Administration Recommendation: Adopt the Resolution.

(Construction Management)

ACTION: Resolution No. 2000-23888 adopted. Mayra Diaz Buttacavoli to handle.

 

11:03a

C7I Commission Memorandum No. 337-00

A Resolution Approving Final Payment for S. I. Nicholas, Inc., in the Amount of $100,668, Approving Additional Services and Reimbursable Expenses for the Firm of Kimley Horn & Associates, Inc., in the Amount of $30,015, and Appropriating Additional Funding in the Amount of $130,684, to Pay for the Above Stated Charges and Additional Services and Reimbursables Expenses, for the North Shore Community Area Improvements.

Administration Recommendation: Adopt the Resolution.

(Construction Management)

ACTION: Item Deferred.

Commissioner Smith stated that there is no backup documentation, no punch list, and nothing to substantiate the City turning over $100,000 to S. I. Nicholas.

Motion made by Commissioner Smith to defer the final payment of $100,668 to S.I. Nicholas and to approve the Kimley Horn expenditure of $30,015; seconded by Commissioner Liebman who requested to defer the Kimley Horne expenditure as well. Commissioner Smith accepted the amendment; Voice Vote: 6-1. Opposed Commissioner Garcia. Jorge Chartrand to meet with Commissioner Smith. Matthew Schwartz, Jorge Chartran, and Ricardo Mendez to handle. Judy Hoanshelt to place on May 24th Commission Agenda.

 

C7J Commission Memorandum No. 337-00

A Resolution Appropriating Funds in the Amount of $30,000 from Undesignated General Fund Balance Towards the Palm View Neighborhood Improvements.

Administration Recommendation: Adopt the Resolution.

(Finance Department)

ACTION: Resolution No. 2000-23890 adopted. Patricia Walker to handle.

 

C7K Commission Memorandum No. 339-00

A Resolution Authorizing the City Manager to Sign All Contracts, Agreements, Purchase Orders, and Change Orders Required to Make Preparations Before and Clean-Up Efforts After Storms During the 2000 Hurricane Season in the Interest of Health, Safety and Welfare of Citizens and Employees of the City of Miami Beach During the 2000 Hurricane Season.

Administration Recommendation: Adopt the Resolution.

(Fire Department)

ACTION: Resolution No. 2000-23891 adopted. Fire Chief Jordan and Patricia Walker to handle.

 

C7L Commission Memorandum No. 340-00

A Resolution Approving the Appropriation of $13,344 from Parking Revenue Bond Fund 481 to Work Order 2113 for the Completion of the Architectural and Engineering Services for the Renovation of the 12th Street Municipal Parking Garage.

Administration Recommendation: Adopt the Resolution.

(Parking Department)

ACTION: Separated for discussion. Resolution No. 2000-23892 adopted. Jackie Gonzalez to handle.

City Clerk's note: 7th Whereas reso should be # 99-23060 rather than 113-99.

 

C7M Commission Memorandum No. 341-00

A Resolution Setting Public Hearings to Consider Proposed Waiver of Competitive Bidding Requirements and Approval of Uses in GU Government Use Zoning District, for the Miami Beach Jewish Community Center at 4221-4229 Pinetree Drive.

Administration Recommendation: Adopt the Resolution.

(Planning Department)

ACTION: Resolution No. 2000-23893 adopted. R. Parcher to notice. Judy Hoanshelt to place on June 7th Agenda. Jorge Gomez to provide notice language and mailing labels.

City Clerk's note: 15 day advertisement (Sunday , May 21 ) and mailed notice of public hearing

 

C7N Commission Memorandum No. 342-00

A Resolution Accepting a Donation from David Wallach, in the Amount of $5,000, to Be Used by the Miami Beach Police Department to Purchase a K-9 Police Dog.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 2000-23894 adopted. Chief Barreto and Patricia Walker to handle.

 

C7O Commission Memorandum No. 343-00

A Resolution Accepting the Award of a Supplemental Grant, in the Amount of $150,881.00, for the Period of February 1, 2000, to January 31, 2001, from the United States Department of Justice, High Intensity Drug Trafficking Program (HIDTA), for the Administration and Operation of a Money Laundering Task Force; Further Authorizing the Mayor and City Clerk to Execute All Appropriate Contracts and Authorizing the Appropriation of Grant Funds.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 2000-23895 adopted. Chief Barreto to handle.

 

11:13a

C7P Commission Memorandum No. 344-00

A Resolution Authorizing, Retroactively, the Application for a Grant, and if Funded, Authorizing the Appropriation of Funds, under the United States Department of Justice, "Cops Universal Hiring " Program, for the Funding of Twenty (20) New Police Officer Positions.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Separated for discussion. Resolution No. 2000-23896 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Garcia; Voice Vote: 6-0. Absent Commissioner Liebman. Chief Barreto to handle.

Commissioner Cruz expressed concern that when the funding of this grant is over, the cost of the new officers will become the City's responsibility. This needs to be addressed in the budget process. Although authorization to apply for the grant was given, the grant will not be awarded until its budgetary impact is analyzed.

 

C7Q Commission Memorandum No. 345-00

A Resolution Accepting the Ranking of Responses Received and Authorizing the Administration to Enter into Negotiations for a Contract with the Number-One Ranked Proposer, Motorola, Pursuant to RFP No. 44-98/99, for Providing a Mobile Computing System for the Miami Beach Police Department.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 2000-23897 adopted. Chief Barreto and Kay Randall to handle.

 

C7R Commission Memorandum No. 346-00

A Resolution Adopting the Seventh Amendment to the Police Confiscation Trust Fund for Fiscal Year 1999/00, in the Amount of $112,568, Funded from Proceeds of State Confiscation Funds.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 2000-23898 adopted. Chief Barreto to handle.

 

C7S Commission Memorandum No. 347-00

A Resolution Authorizing the Administration to Accept a $231,000 Economic Development Initiative Grant from the U.S. Department of Housing and Urban Development for the Continued Development of the North Beach Recreational Corridor Project, and Appropriating the Funds for the Project.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 2000-23899 adopted. Amelia Johnson to handle.

 

C7T Commission Memorandum No. 348-00

A Resolution Appropriating $375,000 from the General Fund Undesignated Fund Balance into Work Order No. 2066, to Fund the Final Phase of the Environmental Restoration of the Hazardous Waste Contamination at Bayshore and Normandy Shores Golf Courses, Authorizing the Award of a Contract to Metcalf & Eddy, Inc. in the Amount of $343,000, Pursuant to Miami-Dade County Contract No. R-335-96, for the Implementation of the Approved Remedial Actions at the Golf Courses and Further, Providing for the Reimbursement of the General Fund Renovation Loan from the Gulf Breeze Municipal Loan Program, When they Become Available.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 2000-23900 adopted. Bruce Henderson to handle.

 

11:23a

C7U Commission Memorandum No. 349-00

A Resolution Authorizing the Administration to Issue a Request for Proposals (RFP) for Group Medical Insurance for the City of Miami Beach Employees' Benefit Plan, for a One-Year Period, with Three (3), One-Year Renewal Options.

Administration Recommendation: Adopt the Resolution.

(Risk Management)

ACTION: Separated for discussion. Resolution No. 2000-23901 adopted as amended. Motion made by Commissioner Bower to request two separate quotes. One without domestic partners and one with domestic partners; seconded by Commissioner Smith; Voice Vote: 5-0; Absent Commissioners Cruz and Garcia. Mary Greenwood to handle.

 

C7V Commission Memorandum No. 350-00

A Resolution Requesting that Miami-Dade County Amend the Interlocal Agreement Between the County and the City of Miami Beach, Thereby Permitting the Operation of the Electrowave Shuttle Service in South Beach, for One Additional Year, Until March 13, 2001, as Established by the Agreement; and Further Authorizing the Mayor and City Clerk to Execute an Amended Agreement, if such a Document is Produced and Submitted by the County.

Administration Recommendation: Adopt the Resolution.

(Transportation and Concurrency)

ACTION: Resolution No. 2000-23902 adopted. Matthew Schwartz to handle.

 

C7W Commission Memorandum No. 351-00

A Resolution Authorizing the Mayor and City Clerk to Execute a Professional Services Agreement with Carr Smith Corradino, for the Performance of a Feasibility Study for an Electric Shuttle Permanent Facility/Intermodal Transit Center; and Further Acknowledging that the $67,800 Study is Funded at $47,800 by a Metropolitan Planning Organization Grant, and at $20,000 by the Miami Beach Parking Enterprise Fund, as Previously Appropriated by Resolution No. 99-23426.

Administration Recommendation: Adopt the Resolution.

(Transportation and Concurrency)

ACTION: Resolution No. 2000-23903 adopted. Matthew Schwartz to handle.

 

C7X Commission Memorandum No. 352-00

A Resolution Authorizing the Mayor and City Clerk to Execute a First Amendment to an Existing Professional Services Agreement with Siemon & Larsen to Perform Additional Legal Services Related to the Concurrency Management System (CMS) and Transportation Concurrency Management Area (TCMA) Ordinances, as Well as the TCMA Amendments to the Miami Beach Comprehensive Plan; and Further Appropriating $5,000 in Traffic Mitigation Funds for the Amendment Purposes.

Administration Recommendation: Adopt the Resolution.

(Transportation and Concurrency)

ACTION: Resolution No. 2000-23904 adopted. Matthew Schwartz to handle.

 

11:28a

C7Y Commission Memorandum No. 353-00

A Resolution Authorizing the Mayor and City Clerk to Execute a Fourth Amendment to an Existing Professional Services Agreement (MMP Study) Between the City and Carr Smith Corradino, dated April 16, 1997, in an Amount Not-to-Exceed $20,000; Said Amendment to Provide Consultant Assistance to the City, as the Liaison with the Florida Department of Transportation and Miami-Dade County, in Coordinating Two Major Roadway Improvement Projects on Collins Avenue/South Beach, with Other Roadway, Bridge, or Enhancement Projects, Also Scheduled for Construction within the General Area; and Further Appropriating $20,000 for the Purpose from Concurrency Mitigation Funds Already Deposited with the City.

Administration Recommendation: Adopt the Resolution.

(Transportation and Concurrency)

ACTION: Separated for discussion. Resolution No. 2000-23905 adopted. Matthew Schwartz to handle.

 

C7Z Commission Memorandum No. 354-00

A Resolution Declaring the Official Intent of the City of Miami Beach, Florida to Issue Debt in Order to Among Other Thins, Reimburse Itself from the Proceeds of Such Debt for Funds Advanced by the City for Certain Expenses Incurred with Respect to Improvements to Certain City-Owned Golf Courses; and Authorizing Certain Incidental Actions.

Administration Recommendation: Adopt the Resolution.

(Finance Department)

ACTION: Resolution No. 2000-23906 adopted. Patricia Walker to handle.

 

C7AA Commission Memorandum No. 355-00

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute a Termination and Abandonment of Easement Between West Development, Inc., as the Owner of Property at 1420-1428 West Avenue, Miami Beach, and the City, and Further Accepting a New Grant of Easement from West Development, Inc., as the Owner of the Aforestated Property, for the Installation, Maintenance, Construction and Repair of Sanitary Sewer and Water Lines; Said Termination and Grant of Easement, Respectively, Subject to the Conditions Set Forth in this Resolution.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Separated for discussion. Resolution No. 2000-23907 adopted. Julio Grave de Peralta to handle.

 

C7BB Commission Memorandum No. 356-00

A Resolution Approving and Authorizing the Placement of Twenty Five (25) Banners from May 22nd to June 4th, 2000, for the Brazilian Film Festival, as Requested by the Applicant at the Following Locations: Collins Avenue from Lincoln Road to 17th Street, Macarthur Causeway from the Miami Beach City Limits to Alton Road, Alton Road from 17th Street to 16th Street, and 5th Street from Alton Road to Ocean Drive. Said Banners to Be Affixed to Light Poles in the Public Right-Of-Way, Measuring 3' X 7' and Having Copy and Design as Shown on the Attached Drawings; the Administration Further Recommends That These Banners Be Installed No Earlier than May 22nd, 2000, and Removed by June 5th, 2000.

Administration Recommendation: Adopt the Resolution.

(Arts, Culture and Entertainment)

ACTION: Resolution No. 2000-23908 adopted. James Quinlan to handle.

City Clerk's Note: The resolution needs to be changed to reflect the current code section rather than ord 89-2665. This note should be deleted when the reso is corrected and signed.

 

11:31a

C7CC Commission Memorandum No. 357-00

A Resolution Approving the Issuance of a Change Order in the Amount Not to Exceed $105,347.50 to Mastec North America, Pursuant to Standing Order No. 14133 for the Completion of the Improvements to the 77th Street Beautification Project; and Appropriating the Necessary Funding for the Aforestated Purpose from the General Fund Undesignated Fund Balance to be Reimbursed from the First Series of the $92 Million General Obligation Bonds and Community Development Block Grant Funds.

Administration Recommendation: Adopt the Resolution.

(Construction Management)

ACTION: Separated for discussion. Resolution No. 2000-23909 adopted. Matthew Schwartz to handle.

Commissioner Smith believes that road impact fees should pay for this project. See action on item R7L.

 

11:34a

C7DD Commission Memorandum No. 358-00

A Resolution Authorizing the Mayor and City Clerk Commission to Waive Jackie Gleason Theater Rental Charges of $1,000 for the Community Crusade Against Drugs Event, to be held May 10, 2000, at the Jackie Gleason Theater.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Item C7DD and C7EE were separated for discussion and heard together. Resolution No. 2000-23910 adopted. Motion made by Commissioner Garcia to approve items C7DD and C7EE and refer the waiver of rental policy to the Community Affairs Committee for the formulation of a policy; seconded by Commissioner Smith; Voice Vote: 5-2. Opposed: Commissioners Bower and Liebman. Mayra Diaz Buttacavoli to handle. Judy Hoanshelt to place on Community Affairs Agenda.

 

C7EE Commission Memorandum No. 359-00

A Resolution Authorizing the Mayor and City Clerk Commission to Waive Convention Center Rental Charges of $5,400 for the American Cancer Society Creative Black Tie Gala, to be Held July 22, 2000, at the Miami Beach Convention Center.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Item C7DD and C7EE were separated for discussion and heard together. See action on C7DD. Resolution No. 2000-23911 adopted.

HANDOUT:

1. American Cancer Society Handout.

 

C7FF Commission Memorandum No. 360-00

A Resolution Approving a Proposal Wherein the Administration would Contract with the Alliance/IFP South to Assist the City with Various Projects to Produce and Edit Film and Video as Outlined in Said Proposal, in the Total Amount of $27,500, for a Term to Conclude on September 30, 2000 as Consultants to the City for Video Production.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Resolution No. 2000-23912 adopted. Ronnie Singer to handle.

 

C7GG A Resolution Supporting Miami-Dade County Commissioner Bruno A. Barreiro's ProposedOrdinance Requiring the Restoration of Public Rights-of-Way to Their Pre-Existing Conditions Including the Restoration of Aesthetic Enhancements, After the Performance of any Construction or Other Public Work Within the Public Rights-of-Way in the Incorporated and Unincorporated Areas of Miami-Dade County.

Administration Recommendation: Adopt the Resolution.

(Requested by Mayor Neisen Kasdin)

ACTION: Resolution No. 2000-23913 adopted. R. Parcher to transmit to the Miami-Dade County Board of County Commissioners.

 

C7HH A Resolution Waiving any Conflict of Interest of Laurence Feingold, Former City Attorney, in Connection with Negotiation, Without Litigation, on Behalf of Edwin Young, Former City Police Officer, in Claim Against the City of Miami Beach.

Recommendation: Adopt the Resolution.

(City Attorney's Office)

ACTION: Resolution No. 2000-23914 adopted. Murray Dubbin to handle.

 

End of Consent Agenda

 

REGULAR AGENDA

R5 - Ordinances

5:33p

R5A City Attorney Commission Memorandum No. 362-00

An Ordinance Amending Chapter 30, Entitled "Code Enforcement", of the City Code of the City of Miami Beach, by Amending Article I, Entitled "In General", by Amending Section 30-3 to Amend the Definition of "Repeat Violation" to Include Violations at Different Locations; by Amending Article II, Entitled "Special Masters", by Amending Section 30-39 to Allow the City Attorney to Present Cases before the Special Master; by Amending Article III, Entitled "Enforcement Procedure", by Amending Section 30-71 to Include Subsection (e) Relating to the Disclosure Requirements that an Owner of Property Subject to an Enforcement Proceeding Must Follow when Ownership of such Property is Transferred; by Amending Section 30-72 to Entitle a Prevailing Local Governing Body to Recover All Costs in Prosecuting the Case Before the Enforcement Board; by Amending Section 30-73 to Allow the Suspension of a Repeat Violator's Certificate of Use and/or Business License and to Require the Payment of Civil Penalties; by Amending Section 30-74(a) to Allow a Special Master to Order a Violator to Pay a Fine for Each Day the Violation Continues Beginning with the Date the Repeat Violation is Found to Have Occurred; by Amending Section 30-74(b) to State that Any Reasonable Repairs Made by the City Commission that were Required to bring Property into Compliance Do Not Create a Continuing Obligation on the Part of the Local Governing Body to Make Further Repairs or Create any Liability Against the Local Governing Body; by Amending Section 30-748 to Allow a Special Master to Impose Additional Fines; by Amending 30-74(d) to Raise the Limits of the Daily Fines to $1,000 Per Day for a First Violation and $5,000 Per Day for a Repeat Violation, and to Raise the Fine for Violation Irreparable in Nature to $15,000 Per Violation; by Amending 30-74(h) to Provide that a Lien Arising from a Fine Runs in Favor of the City and that the City Clerk, Upon Full Payment, May Satisfy or Release the Lien and, in the Event of Settlement for Less than the Full Amount of the Lien, Satisfaction of Release Shall Require Approval of Both the City Manager and Special Master; by Amending Section 30-78(1)(a) Relating to the Requirement of Notice Being Sent by Certified Mail; by Amending Section 30-78(1)(b) to Allow Hand Delivery of Notice by Other Law Enforcement Officer or Other Person Designed by the Local Governing Body; by Amending 30-78(1) to Include Subsection (d) Providing for Notice Left on Commercial Premises; by Amending 30-78(2)(b)(1) Relating to the Time Limit and Locations for Posting Notice in Lieu of Publication; and by Adding Section 30-79 Relating to Civil Liability, Penalties and Attorney's Fees for Violation of Any Provision of Chapter 30; Providing for Inclusion in the City Code of the City of Miami Beach, Repealer, Severability, and an Effective Date. 11:00 a.m., Public Hearing, Second and Final Reading

Recommendation: Adopt the Ordinance.

(City Attorney's Office)

Action: Public Hearing held. Ordinance No. 2000-3236 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Bower ; Ballot vote: 6-0. Absent: Commissioner Garcia. Al Childress to handle.

Motion made by Commissioner Liebman requesting that before a settlement of mitigation is finalized, the Administration will provide a report to the City Commission listing all cases which the Administration mitigated. The report only those Administration mitigations over $100,000. No second offered.

At the request of City Manager Lawrence Levy, the Administration will review and report back with a recommendation at the May 24th Commission Meeting. Al Childress to handle. Judy Hoanshelt to place on May 24th Agenda. R. Parcher to send to Municipal Code.

 

R5B City Attorney Commission Memorandum No. 363-00

An Ordinance Amending Ordinance No. 1901 Which Created the Retirement System for General Employees by Amending Section 8.01, Entitled "Investments" to Conform to the Amended Related Special Acts Approved by Referendum November 2, 1999, Authorizing the Pension Board to Exercise Independent Judgment in Allocating and Investing Funds; Providing for a Repealer, Severability, Retroactivity and an Effective Date.

Administration Recommendation: Adopt the Ordinance.

(Human Resources/Labor Relations)

Action: Deferred. Judy Hoanshelt to place on May 24th Agenda.

 

R5C Commission Memorandum No. 364-00

An Ordinance Amending Chapter 2 Entitled "Administration," by Amending Article III, Division 27, Entitled "Committee for Quality Education in Miami Beach Schools" by Amending Section 2-190.130 to Provide for Representatives Selected by the Parent Teacher Association of Each Feeder Pattern School and Providing for Two Additional Ex-Officio Members; Providing for Repealer, Severability, Codification, and an Effective Date. First Reading

Administration Recommendation: Approve the Ordinance on First Reading and Schedule a Second Reading Public Hearing.

(Office of Children's Affairs)

Action: Deferred. Judy Hoanshelt to place on May 24th Agenda.

 

1:05p

R5D Commission Memorandum No. 365-00

Under 21 Years Old Patrons of Alcoholic Beverage Establishments

An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 6 Entitled "Alcoholic Beverages", Section 6-1 Entitled Purpose, and Adding New Section 6-5 Entitled Patron Age Restrictions, Prohibiting Persons Under the Age of 21 from Patronizing Alcoholic Beverage Establishments, Excepting Restaurants and Businesses with Another Principal Purpose, as Specified, with Enforcement Against Violations Provided For; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. 11:15 a.m., Public Hearing, Second and Final Reading

Administration Recommendation: Open and Continue to June 7, 2000.

(Planning Department)

Action: Public Hearing held. Ordinance No. 2000-3241 adopted as amended. Motion made by Commissioner Liebman; seconded by Commissioner Bower; ballot vote: 6-1. Opposed: Commissioner Cruz. Al Childress and Chief Barreto to handle. Gary Held to prepare the amended ordinance. R. Parcher to send to Municipal Code.

City Clerk's Note: Assistant City Attorney Gary Held read amendments into the record. See the document "Corrections to Agenda Item R5D".

HANDOUTS:

1. Document titled "Corrections to Agenda Item R5D"

2. Resolution from the Miami Beach Commission on the Status of Women from Regina Suarez, chair to Commissioner Matti Herrera Bower, dated May 10, 2000.

3. Speakers List

 

5:58p

R5E Commission Memorandum No. 366-00

An Ordinance Amending Section 122 of the City Code Establishing a Concurrency Management System, Providing for the Purpose of the Concurrency Management System; Providing for Definitions; Requiring Concurrency Determinations for all Development Orders; Providing Exemptions; Providing for Level of Service Standards; Providing for Preliminary Concurrency Determinations and Issuance of Final Concurrency Reservation Certificates; Providing for Mitigation of Negative Determinations of Concurrency; Providing for Appeals of Negative and Preliminary Determinations of Concurrency; and Providing for Repealer, Inclusion in the City Code; Severability and an Effective Date. 2:00 p.m., Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Transportation and Concurrency)

Action: Public Hearing held. Ordinance No. 2000-3242 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Smith; Ballot Vote: 6-0; Absent: Commissioner Cruz. Matthew Schwartz to handle. R. Parcher to send to Municipal Code.

 

7:21p

R5F City Attorney Commission Memorandum No. 367-00

An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 3 Thereof Entitled "Lobbyists", Specifically Section 2-482 Entitled "Registration", Section 2-485 Regarding Lobbyists Expenditure Reporting Requirements, as Well as Adding Section 2-485.1 Establishing Penalties; Providing for Repealer, Severability, Codification, and an Effective Date. 2:15 p.m., Public Hearing, Second and Final Reading

Recommendation: Adopt the Ordinance

(Requested by Vice-Mayor David Dermer)

Action: Public Hearing held. Ordinance No. 2000-3243 adopted. Motion made by Commissioner Bower; seconded by Commissioner Liebman; Ballot vote: 6-0. Absent: Mayor Kasdin. R. Parcher to handle and send to Municipal Code.

 

7:26p

R5G City Attorney Commission Memorandum No. 368-00

An Ordinance Relating to Election Campaign Financing, Amending City Code Chapter 38, Entitled "Elections", Creating Code Section 38-6, Entitled "Prohibited Campaign Contributions by Vendors"; Prohibiting Contributions by Vendors and Other Persons on Behalf of Vendors to Candidates for Mayor or Commissioner of the City of Miami Beach; Prohibiting Candidates from Soliciting or Accepting Contributions by Vendors and Other Persons on Behalf of Vendors; Providing Definitions, Fines and Forfeiture of Prohibited Contributions to the City's General Revenue Fund; Providing for Repealer, Severability, Codification, and an Effective Date. 2:30 p.m., Public Hearing, Second and Final Reading.

(Requested by Vice-Mayor David Dermer, Commissioner Simon Cruz, and

Commissioner Jose Smith)

Action: Public Hearing held. Ordinance No. 2000-3244 adopted. Motion made by Commissioner Smith; seconded by Commissioner Cruz; Ballot vote 6-0; Absent: Mayor Kasdin. Gus Lopez and R. Parcher to coordinate. R. Parcher to send to Municipal Code.

 

7:22p

R5H City Attorney Commission Memorandum No. 369-00

An Ordinance Amending Chapter 2 of the City Code Entitled "Administration" by Amending Article III Thereof Entitled "Agencies, Boards, and Committees" by Amending the Following Divisions and Sections by Deleting At-Large Appointments, and by Amending All Language and Categories of Membership Relative Thereto, and by Providing for Direct Appointments by the Mayor and City Commissioners to Wit: Amending Division 2, Entitled "Barrier-Free Environment Committee," by Amending Subsection 2-31(d), Entitled "Composition"; by Amending Division 3, Entitled "Beautification Committee," by Amending Subsection 2-36(d) Entitled "Composition"; by Amending Division 4, Entitled "Budget Advisory Committee" by Amending Subsection 2-41(d) Entitled "Composition"; by Amending Division 5, Entitled "Convention Center Advisory Board" by Amending Subsection 2-46(d) Entitled "Composition"; by Amending Division 6 Entitled "Cultural Arts Council" by Amending Subsection 2-54 Entitled "Composition"; by Amending Division 7, Entitled "Production Industry Council" by Amending Subsection 2-71(d) Entitled "Composition"; by Amending Division 8 Entitled

"Golf Advisory Committee" by Amending Subsection 2-76(d) Entitled "Composition"; by Amending Division 12 Entitled "Loan Review Committee" by Amending Subsection 2-166(d) Entitled "Composition"; by Amending Division 13 Entitled "Parks and Recreational Facilities Board" by Amending Subsection 2-171 (d) Entitled "Composition"; by Amending Division 14 Entitled "Safety Committee" by Amending Subsection 2-176 (d) Entitled "Composition"; by Amending Division 16 Entitled "Youth Center Advisory Board" by Amending Subsection 2-186(d) Entitled "Composition"; by Amending Division 18 Entitled "Community Relations Board" by Amending Section 2-190.14 Entitled "Composition"; by Amending Division 19, Entitled "Hispanic Affairs Committee" by Amending Section 2-190.24 Entitled "Composition"; by Amending Division 20, Entitled "Police/Citizen Relations Committee" by Amending Section 2-190.30 Entitled "Composition"; by Amending Division 21 Entitled "Marine Authority" by Amending Section 2-190.48 Entitled "Membership"; by Amending Division 24 Entitled "Convention Center Capital Projects Oversight Committee" by Amending Section 2-190.83

Entitled "Composition"; by Amending Division 26 Entitled "Community Development Advisory Committee" by Amending Sections 2-190.109 Entitled "Composition," 2-190.110 Entitled "City Affiliation," and 2-190.111 Entitled "Knowledge and Experience"; Providing for Repealer; Providing for Codification; Providing for Severability; and Providing for an Effective Date. 2:45 p.m., Public Hearing, Second and Final Reading.

Recommendation: Adopt the Ordinance.

(Requested by Vice-Mayor David Dermer)

Action: Public Hearing open and continued to May 24th Commission meeting at 2:00 pm. Judy Hoanshelt to place on the agenda.

HANDOUT:

1. Letter from Laurence A. Herrup to Mayor Kasdin and City Commission, dated April 18, 2000, RE Amendment of Budget Advisory Committee Size

 

R5I City Attorney Commission Memorandum No. 370-00

An Ordinance Amending Miami Beach City Code Chapter 2 Entitled "Administration", Article VII Thereof Entitled "Standards of Conduct", Creating Code Section 2-460 Entitled "Conflicting Employment or Contractual Relationship - Miami Beach City Commission", Proscribing Members of the City of Miami Beach Commission from Having Any Employment or Contractual Relationship with Any Business Entity Which Is Subject to the Relationship of or Doing Business with the City and Establishing Conditions for Waiver; Providing for Repealer, Severability, Codification and an Effective Date.

First Reading

Recommendation: Approve the Ordinance on First Reading and Schedule a Public Hearing for Second and Final Reading.

(Requested by Vice-Mayor David Dermer)

Action: Vice-Mayor Dermer deferred for 30 days. Judy Hoanshelt to place on June 7th agenda.

 

R6 - Commission Committee Reports

R6A Commission Memorandum No. 371-00

Report on the Neighborhoods Committee Meeting of April 10, 2000 regarding the Operation of the Miami Beach Botanical Garden.

(Deferred from 4/12/00)

Action: Report accepted. Motion made by Commissioner Bower; seconded by Commissioner Liebman; Voice vote: 5-0; Absent: Mayor Kasdin and Commissioner Cruz.

 

7:52p

R6B Verbal Report on the Finance and Citywide Projects Committee meeting of May 8, 2000 regarding - 1) The Proposed Water, Sewer and Stormwater Bond and General Obligation Bond Neighborhoods Projects; 2) Discussion of Funding for the Pine Tree and La Gorce Drive Traffic Calming Island Landscaping Enhancements; and, 3) Purchase by the City of Miami Beach of Byron Carlyle Theater for use by Local Cultural Groups and other Municipal Uses. (Page 419)

Action: Written report submitted at the meeting. Report accepted. Motion made by Commissioner Bower; seconded by Commissioner Cruz; Voice Vote: 5-0; Absent Mayor Kasdin and Commissioner Garcia.

 

R7 - Resolutions

7:16p

R7A Commission Memorandum No. 372-00

A Resolution Authorizing the Mayor and City Clerk to Execute a Two Month Extension of the Lease Agreement Dated February 10, 1995, by and Between the City of Miami Beach and Gazit Meridian, Inc. for the Second Floor of the Property Located at 777-17th Street, Miami Beach, Florida, Which Currently Houses the City's Parking Department; and Appropriating $20,196.64 from the Parking Enterprise Fund to Fund the Costs of Said Lease Extension.

Administration Recommendation: Adopt the Resolution.

(Asset Management)

Action: Resolution No. 2000-23889 adopted. Motion made by Smith; seconded by Bower; Voice vote: 5-0; Absent: Commissioners Garcia and Liebman. Joe Damien to handle.

 

6:20p

R7B Commission Memorandum No. 373-00

A Resolution Approving and Adopting the Rules and Regulations for Beachfront Concession Operations; Approving an Amendment to Beachfront Management Plan 3595 (State of Florida Management Agreement No. 750-0006), Approving and Incorporating Said Rules and Regulations Therein; and Repealing Any and All Previously Approved and/or Authorized Rules and Regulations.

Administration Recommendation: Adopt the Resolution.

(Asset Management)

Action: Discussion held. Motion made by Commissioner Garcia; seconded by Commissioner Smith to schedule a Commission Workshop; Voice vote; 6-0; Absent: Commissioner Garcia. Joe Damien to handle.

Lawrence Levy stated that in order to ensure that the correct information is received and disseminated, all communications with the State regarding beachfront concession and the use of the beaches must go through Christina Cuervo.

 

HANDOUTS:

1. Beach Preservation Committee review and comments on the Beachfront Concession Rules and Regulations, May 10, 2000. Submitted by Whyatt Porter Brown, Chair of the Beach Preservation Committee.

2. Letter from J.B. Manson-Hing, Engineer, Office of Beaches and Coastal Systems, Department of Environmental Protection Agency. Dated: March 25, 2000, to Jose Damien, Asset Manager.

City Clerk's Note: Joe Damien to give Clerk a copy of the letter from the State.

 

R7C Commission Memorandum No. 374-00

A Resolution Authorizing the Mayor and City Clerk to Execute a Lease Agreement Between the City and Unidad of Miami Beach, Inc. for a Portion of the City-Owned Property Located at 833-6th Street, Miami Beach, Florida, for a Period of Eleven (11) Months, Beginning on June 1, 2000, and Ending on April 30, 2001, for Use as Administrative Offices.

Administration Recommendation: Adopt the Resolution.

(Asset Management)

Action: Withdrawn.

 

5:30p

R7D City Attorney Commission Memorandum No. 375-00

A Resolution Ratifying a Settlement of the Tort Claim Styled Lupita Tucker and Charles Tucker, Her Husband V. City of Miami Beach, a Municipal Corporation, 11th Judicial Circuit Court Case No. 99-28470 CA 01, and Will Pay $200,000.00 from the City's Risk Management Fund Pursuant to Florida Statute '768.28; and Further Authorizing the Execution by the Office of the City Attorney of Any and All Documents Related to the Settlement.

Recommendation: Adopt the Resolution.

(City Attorney's Office)

Action: Closed Executive Session held. Resolution No. 2000-23915 adopted. Motion made by Vice-Mayor Dermer; seconded by Commissioner Bower. Voice Vote: 7-0. Cliff Leonard to handle.

 

12:47p

R7E Commission Memorandum No. 376-00

A Resolution Approving on Second Reading/Public Hearing, the Development Agreement Between the City of Miami Beach, the Miami Beach Redevelopment Agency, and American Riviera Realty Company, in Accordance with the Requirements of the Florida Local Government Development Agreement Act, for Development of a Minimum 300 Space Parking Garage and 25,000 Sf Retail Space at the Site Located at 300 23rd Street (The "Fruitstand Parcel") and 340 23rd Street (The "Chevron Parcel") And, as an Alternative to the Foregoing, in the Event the Foregoing Will Not Be Constructed, in Regard to the Property Located at 340 23rd Street (The "Chevron Parcel"), the Development Agreement May Extend the Term of the Approvals of the Design Review and Historic Preservation Boards to Construct a 51,750 Sf Office and Retail Project; and Further Approving the Sale and Purchase Agreement Between the City of Miami Beach, the Miami Beach Redevelopment Agency, and American Riviera Realty Company to Sell the Site Located at 300 23rd Street (The "Fruitstand Parcel") Following a Public Hearing Held in Accordance with the Provisions of Sections 82-36 Through 82-40 of the Code of the City of Miami Beach, and Further Approving the Agreement of Purchase and Sale for the Ablon Parcel, Option Agreement for the Fruitstand Parcel, Option Agreement for the Chevron Parcel, Agreement of Purchase and Sale for the Chevron Parcel, Option Agreement for the King Parcel, Development Agreement for the Cultural Campus Office Building, Unity of Title Agreement/Declaration of Restrictive Covenants in Lieu of Unity of Title Agreements and the Parking Garage Easement Agreement, Contemplated as Part of the Agreement of Settlement Between the City of Miami Beach, the Miami Beach Redevelopment Agency, and American Riviera Realty Company; Further Authorizing and Appropriating from the City Center Redevelopment District Bond Fund Series 1998 (I) $700,000 to Reimburse the Parking Revenue Bonds for the Fruitstand Parcel Acquisition Cost, (Ii) $1,500,000 to Fund the Ablon Parcel Acquisition Cost, and (Iii) an Amount Not to Exceed $100,000 to Fund Attorney Costs Payable to Rollnick and Linden P. A.; and Waiving by 5/7ths Vote the Public Bidding Process and Independent Appraisal Requirements Pursuant to Ordinance 92-2783, Finding Such Waiver to Be in the Best Interest of the City. 10:30 a.m. Public Hearing, Second and Final Reading, Joint City Commission and Redevelopment Agency

Administration Recommendation: Open and Continue to May 24, 2000.

(Community/Economic Development)

Action: Discussion held . Motion made by Commissioner Liebman to open and continue the public hearing to enable the City and American Riviera to complete the agreement by May 18th or the City will proceed with a "quick take". No second on this motion.

Motion made by Commissioner Cruz to start the "quick take" process on the Ablon parcel; seconded by Commissioner Smith; Voice vote: 6-1; Opposed: Commissioner Garcia. Christina Cuervo and Legal Department to handle.

HANDOUT:

1. Letter from Ronald S. Bloomberg to Lawrence Levy, dated May 9, 2000, RE: American Riviera Settlement Negotiations with the City of Miami Beach

 

R7F Commission Memorandum No. 377-00

A Resolution Approving on Second Reading/Public Hearing, the Development Agreement Between the City of Miami Beach, the Miami Beach Redevelopment Agency, and American Riviera Realty Company, in Accordance with the Requirements of the Florida Local Government Development Agreement Act, for Development of an Office Building and Retail Space at the Site Located at 224 23rd Street (The "King Parcel"), and Approving the Lease Agreement Between the City of Miami Beach, the Miami Beach Redevelopment Agency, and American Riviera Realty Company to Lease a Portion of Said Site Following a Public Hearing Held in Accordance with the Provisions of Sections 82-36 Through 82-40 of the Code of the City of Miami Beach, and Further Approving The Agreement of Purchase and Sale for the Ablon Parcel, Option Agreement for the Fruitstand Parcel, Agreement of Sale and Purchase for the Fruitstand Parcel, Option Agreement for the Chevron Parcel, Agreement of Purchase and Sale for the Chevron Parcel, Option Agreement for the King Parcel, Development Agreement for the Cultural Campus Parking Garage, Unity of Title Agreement/Declaration of Restrictive Covenants in Lieu of Unity of Title Agreements and the Parking Garage Easement Agreement, Contemplated as Part of the Agreement of Settlement Between the City of Miami Beach, the Miami Beach Redevelopment Agency, and American Riviera Realty Company; Further Authorizing and Appropriating $340,000 from the General Fund Undesignated Fund Balance to Reimburse the Library Project, And Waiving by 5/7th S Vote the Public Bidding Process and Independent Appraisal Requirements Pursuant to Ordinance 92-2783, Finding Such Waiver to Be in the Best Interest of the City. 10:31 a.m. Public Hearing, Second and Final Reading, Joint City Commission and Redevelopment Agency

Administration Recommendation: Open and Continue to May 24, 2000.

(Community/Economic Development)

Action: Discussion held. See action on R7E.

HANDOUT:

1. Letter from Ronald S. Bloomberg to Lawrence Levy, dated May 9, 2000, RE: American Riviera Settlement Negotiations with the City of Miami Beach

 

6:02p

R7G Commission Memorandum No. 378-00

A Resolution Ratifying Amendment No. 5 to the Agreement Between the Miami Beach Redevelopment Agency and Kimley-Horn and Associates, Inc., for Professional Engineering and Landscaping Services in an Amount Not-to-Exceed $8,500 for Design, Coordination and Preparation of Construction Documents for Two Monument Identification Signs at South Pointe Park, to be Included as Part of Phase I of the South Pointe Redevelopment Area Streetscape Project.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

Action: Resolution No. 2000-23916 adopted. Motion made by Commissioner Smith; seconded by Commissioner Garcia; Voice vote: 4-0; Absent: Commissioners Smith, Cruz and Liebman. Christina Cuervo to handle.

 

R7H Commission Memorandum No. 379-00

A Resolution Authorizing the Development of a Series of Bicycle/Pedestrian/Greenway Projects for Miami Beach, to be Known as the Atlantic Greenway Network; Encompassing Several Trails to be Planned and Implemented as Individual Projects, and then Linked to Provide Continuous Corridors; and Further Authorizing the Development of a Funding Strategy that will Allow for this Citywide Alternative Transportation and Community Enhancement Project to Become a Reality.

Administration Recommendation: Adopt the Resolution.

(Transportation and Concurrency)

Action: Deferred. Judy Hoanshelt to place on May 24th agenda.

HANDOUT:

1. Colored map titled "Miami Beach Atlantic Corridor"

 

6:02p

R7I Commission Memorandum No. 380-00

A Resolution Acknowledging New Construction Hours for a Roadway Project on A1A/Collins Avenue, from Lincoln Road to 26th Street, as Proposed by the Administration and the Florida Department of Transportation (FDOT), and Allowed by the Miami Beach City Code, Chapter 46., Article IV., Subsections 46-156(2)(A) and 46-157(8); the New Construction Hours Being from 8:00 a.m. To 9:00 P.m., Six Days a Week, from Late April 2001, to Early July 2002, or Approximately Sixteen Months; and Further Encouraging the City and FDOT to Keep the Noise Levels down from 8:00 a.m. To 9:00 a.m., and Prescribe Any Reasonable Conditions Necessary to Minimize the Potential Adverse Effects to the Community.

Administration Recommendation: Adopt the Resolution.

(Transportation and Concurrency)

Action: Discussion held. Resolution No. 2000-23917 adopted. Motion made by Commissioner Bower; seconded by Commissioner Liebman; Voice Vote; 6-0; Absent: Commissioners Cruz. Matthew Schwartz to handle.

Matthew Schwartz stated that the east side between Lincoln Road and 21st Street will be completed by October 1, 2001.

 

HANDOUT:

1. Exhibit "A": Types of mitigation actions proposed for Collins Avenue to assist in reducing the impacts to hotels during construction period (missing from Commission Agenda)

 

6:05p

R7J Commission Memorandum No. 381-00

A Resolution Authorizing, by Five-Sevenths Vote, the Waiver of Formal Competitive Bidding and Awarding a Professional Services Agreement to Price Waterhouse Coopers, at an Amount Not to Exceed $25,000, to Provide a Hotel Fiscal Analysis That Will Assess the Potential Effects of an Upcoming Roadway Reconstruction Project, Programmed by the Florida Department of Transportation for A1A Collins Avenue, from Lincoln Road to 26th Street; Authorizing the Mayor and City Clerk to Execute the Agreement; Appropriating $12,500 in Concurrency Mitigation Funds, with an Additional $12,500 in Parking Enterprise Funds Being Available for the Purpose; and Further Acknowledging Subsequent Reimbursement of the Mitigation Account by FDOT Public Involvement Funds/Collins Avenue Project.

Administration Recommendation: Adopt the Resolution.

(Transportation and Concurrency)

Action: Resolution No. 2000-23918 adopted by 5/7 vote. Motion made by Commissioner Garcia; seconded by Commissioner Bower; Voice vote: 6-0; Absent: Commissioner Cruz. Matthew Schwartz to handle.

R7K Commission Memorandum No. 382-00

A Resolution Accepting the Hotel Room Verification Report from KPMG Fides Peat for the Swiss Fair Arts 99 Event Held in Basel, Switzerland in June 1999 and Authorizing First Priority Designation to Art Basel for the Event at the Miami Beach Convention Center.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

Action: Withdrawn.

 

7:34p

R7L Commission Memorandum No. 383-00

A Resolution Urging Miami-Dade County to Amend its Policies with Regard to Roadway Impact Fees, to Adopt Miami Beach's Municipal Mobility Plan as a Guide for Capital Improvement Projects Implementation, and to Give Immediate Attention to the Backlog of Miami Beach General Roadway Maintenance Projects.

Recommendation: Adopt the Resolution.

(Requested by Commissioner Nancy Liebman)

Action: Resolution No. 2000-23919 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Bower; Voice vote; 5-0; Absent: Mayor Kasdin and Commissioner Cruz. R. Parcher to transmit Miami-Dade County Board of County Commissioners, County Manager Merritt Stierheim, and Ari Rivera (see Christina Cuervo for title and address).

Handout: Letter from ARIST

City Clerk's note: resolution 6 whereas change "inequitable" to "inadequate".

 

R9 - New Business and Commission Requests

R9A Commission Memorandum No. 384-00

Board and Committee Appointments for the Meeting of May 10, 2000.

(City Clerk's Office)

Action: The following appointments were made:

Beach Preservation Committee

Peter Kramer Term expires 12/31/2001 Mayor Kasdin

Budget Advisory Committee

Stuart Sisisky Term expires 12/31/2001 Mayor Kasdin

David Heller Term expires 12/31/2000 Commissioner Bower

Miami Beach Commission on the Status of Women

Barbara Gillman Term expires 12/31/2001 Commissioner Cruz

Parks and Recreational Facilities Board

Nina Weber Worth Term expires 12/31/2001 Commissioner Dermer

Safety Committee

Brian Giller Term expires 12/31/2001 Mayor Kasdin

Bernice Martinez Term expires 12/31/2001 Commissioner Bower

 

5:18p

R9B(1) Dr. Stanley Sutnick Citizens' Forum. (1:30 p.m.) (Page 619)

Action: 1) Mr. Zriny was concerned with the City's publication "Your City At Work".He stated that it has the Mayor and five Commissioners picture on it, but Commissioner Dermer's picture is missing. In addition, Commissioner Dermer is the commissioner overseeing the bonds which are paying for this publication. He wants everybody to look at the second page, on sanitary sewer system, terrible picture. Talked about streetscapes and concurrency. Talked about infrastructure and noted Joseph Johnson's articles published in the Miami Herald dealing with drainage system, which is more than 40 years old and made of bad materials that clog and break, causing flooding. He met with the County, Public Works Department, they stated that drainage for storms are made of cast concrete re-enforced. He doesn't understand this and would like the City to look into this. 2) Dr. Donnelly is concerned with the young generation under 21 years of age and what will they be doing since the new restriction laws passed. He proposed for the City to do dance activities for young students. He mentioned the Convention Center and as a site to conduct some entertainment for the young people. It would be drug-free and gang-free place, and no fights. Commissioner Garcia and Commissioner Bower in support. Commissioner Garcia mentioned the 10th Street auditorium would be a good venue, even for kids under 18 years of age. Commissioner Bower stated that she went to the Cameo Theater and asked the owner if they would be willing to open one night, without serving liquor, for kids to come over and have their parties. They did not opposed the idea. Commissioner Liebman added to the statement that although the clubs are a great place, she prefers for these parties to take place somewhere else in the City, not the clubs, it will start a bad precedent. These parties would be restricted to high school students, supported by parents, schools and police. 3) Bea Kalstein expressed concerned with a report that went out on the best places to for vacation in the Country and Miami Beach was not mentioned. We used to be known as the vacation spot of the world. She also stated that the City has over built and lots of damage has been done. Ms. Kalstein quoted passages from a book. Commissioner Dermer asked what book was she reading from. Bea Kalstein stated "The Vote Scam book. 4) Torquil Smith expressed Christian beliefs and its role in government. He stated that if four people who are in the exact same place at the exact same time committing the exact same life sustaining misdemeanor, why does Mr. Christians get a ride to churches, while Muslims, Jews and Seculars get placed in the County Jail. He stated that why does the government feel they are empowered to mix religion with social services to the point where you can't distinguish where the government begins and religion ends. He also has a problem with our police officers. When he is walking and he is dressed as he is today, police officers single him out the crowd, when everyone else is walking down the street and doing the same thing. Why is he being picked on? Mayor Kasdin stated that Administration will look into this.

HANDOUT:

1. Speakers list

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

Action: Not reached.

 

R9C Commission Memorandum No. 385-00

Status Report: Debit Card - Parking Meters.

(Requested by Vice-Mayor David Dermer)

(Deferred from 3/15/00)

Action: Deferred for 30 days. Judy Hoanshelt to place on the June 7th agenda.

 

7:35p

R9D Discussion regarding Naming Commissioner Bower as the City Commission's Co-Liaison to the Education Oversight Committee.

(Requested by Commissioner Jose Smith)

Action: Motion made by Commissioner Liebman; seconded by Commissioner Smith; Voice vote: 5-0; Absent: Mayor Kasdin and Commissioner Cruz. R. Parcher and Maria Ruiz to handle.

HANDOUT:

1. Resolution of the Miami Beach Chamber of Commerce Board of Governors endorsing the 21 years and over ordinance.

 

R9E Discussion regarding a Resolution from the Joint Design Review/Historic Preservation Board regarding a Proposal that the City Commission Revisit the Regulation of Newspaper Racks Citywide and within the City's Designated Historic Districts.

(Requested by Commissioner Nancy Liebman)

Action: Motion made by Commissioner Liebman to refer to Land Use and Development Committee; seconded by Commissioner Bower. Voice vote: 6-0. Absent: Mayor Kasdin. Janet Gavarrete to place on the committee agenda.

HANDOUT:

1. LTC 98-2000 Resolution of the Parks and Recreational Facilities Advisory Board- Removal of Newspaper Boxes

 

R9F Discussion regarding Creation of a 'Thomas Edison' Award.

(Requested by Commissioner Luis R. Garcia, Jr.)

Action: Deferred by Commissioner Garcia to the June 7 Commission Meeting. Judy Hoanshelt to place in the agenda.

 

R9G The Committee of the Whole will Meet During Lunch Break in the City Manager's Large Conference Room regarding the Fiscal Year 2000/01 Proposed Operating Budget Request for the Office of the Mayor and City Commission.

Action: Meeting called to order at 3:20 pm.

Action 1: Breakout travel into two (2) categories, (A) Official Travel - Budget $5,000 and (B) Conference and Seminars. Approved via a consensus of the commission.

Action 2: Commissioner from $400 Auto (Monthly) to $ 400

from $400 Expense (Monthly) to $ 800

Mayor from $400 Auto (Monthly) to $ 400

from $700 Expense (Monthly) to $1,100

Approved via a consensus of the commission.

Action 3: Motion made by Commissioner Liebman; seconded by Commissioner Garcia to reclassify the secretaries in the Mayors Office. Esther Perez-Trujillo to review and recommend pay steps; Voice vote: 7-0. TC Adderly to handle.

Action 4: Property Management to look at creating an additional work space area in or around the current office. Approved via a consensus of the commission. Brad Judd to handle.

Motion made by Commissioner Bower to approve the budget as amended; seconded by Commissioner Garcia; Voice vote: 7-0.

HANDOUTS:

1. LTC 86-2000 Committee of the Whole FY 2000/01 proposed operating budget.

2. Salary comparison of Mayor and City Commission, City Manager's Office, and the City Attorney's Office.

 

R9H Discussion regarding the Creation of a Senior Crime Task Force.

(Requested by Commissioner Luis R. Garcia, Jr.)

Action: Deferred by Commissioner Garcia to the June 7th Commission Meeting. Judy Hoanshelt to place in the agenda.

 

6:13p

R9I Discussion regarding Noise Complaints from Residents on the 400 Block of Collins Avenue.

(Requested by Commissioner Matti Herrera Bower)

Action: Discussion held. Commissioner Liebman commented that the Police Department needs to be aware of the boom boxes, motorcycles and illegal parking lot usage.

Administration (Code Enforcement and Police) met with the residents of 400 Block of Collins Avenue who attended the Commission Meeting. City Manager Lawrence Levy suggested signage for radio and horn honking in particular. Mayor Kasdin stated that a method of enforcement needs to be put in place. Al Childress and Chief Barreto to review and make recommendations.

HANDOUT:

1. Speakers List

 

7:30p

R9J Commission Memorandum No. 386-00

Discussion regarding Status Report on Bus Shelters Agreement.

(City Manager's Office)

Action: Discussion held. Motion to refer to the Land Use and Development Committee made by Commissioner Liebman; seconded by Commissioner Bower; Voice vote: 7-0. Judy Hoanshelt to place on the committee agenda.

The previous motion to refer to the Land Use and Development Committee was withdrawn by Commissioner Liebman and instead, at the request of City Manager Lawrence Levy, authorized the Administration to draft an RFP for the June 7 Commission Meeting. Ricardo Mendez to handle.

 

2:38p

R9K Discussion regarding the 'Summer Season' Programming for Miami Beach.

(Requested by Commissioner Luis R. Garcia)

Action: Discussion held. Mr. Mike Thompson, members of the Visitors and Convention Authority, Miami Beach Chamber of Commerce, and the North Beach Development Corporation were present and discussed the project. Commissioner Garcia, Commissioner Liebman and Commissioner Bower suggested that a formal proposal be prepared and submitted to the City Commission for consideration. James Quinlan to handle.

 

6:07p

R9L Discussion regarding Collins Avenue Redevelopment.

(Requested by Commissioner Matti Herrera Bower)

Action: Discussion held. Mayor Kasdin stated that a point person needs to be in place for decision making during the project.

Commissioner Bower requested that the Administration be pro active towards parking solutions and very early in the process determine what can will be done to minimize the impact of new construction on the area. Christina Cuervo and Matthew Schwartz to handle.

 

7:37p

R9M Discussion regarding City Manager Selection Process.

(Requested by Commissioner Nancy Liebman)

Action: Discussion held. Motion made by Commissioner Liebman to cancel the "Meet and Greet" the City Manager function. No second was offered.

 

R10 - City Attorney Reports

5:30p

R10A Notice of Closed Executive Session.

Pursuant to Section 768.28, Florida Statutes, a Closed Executive Session will be held during lunch recess of the City Commission meeting on May 10, 2000, in the City Manager's large conference room, Fourth Floor, City Hall, to discuss settlement issues in the following case:

Lupita Tucker and Charles Tucker, her husband, vs. City of Miami Beach. Circuit Court of the 11th Judicial Circuit, General Jurisdiction, Case No. 99-28470 CA01.

The following individuals will be in attendance: Mayor Neisen Kasdin; Members of the Commission: Matti H. Bower, Simon Cruz, David Dermer, Luis R. Garcia Jr., Nancy Liebman, and Jose Smith; City Attorney Murray H. Dubbin, City Manager Lawrence Levy, Chief Deputy City Attorney Donald Papy and First Assistant City Attorney Judy Weinstein.

Action: Closed Executive Session announced and held.

 

R10B Notice of Closed Executive Session.

Pursuant to Section 286.011, Florida Statutes, a Closed Executive Session will be held during Lunch Recess of the City Commission Meeting on May 10, 2000, in the City Manager's Large Conference Room, Fourth Floor, City Hall to Discuss the Following Pending Litigation:

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 CA-30.

The following individuals will be in attendance: Mayor Neisen Kasdin; Members of the Commission: Matti H. Bower, Simon Cruz, David Dermer, Luis R. Garcia Jr., Nancy Liebman, and Jose Smith; City Attorney Murray H. Dubbin, City Manager Lawrence Levy, Deputy City Attorney Robert Dixon, and Special Counsel Richard Ovelmen.

Action: Closed Executive Session announced and held.

 

R10C Notice of Closed Executive Session.

Pursuant to Section 286.011, Florida Statutes, a Closed Executive Session will be held during lunch recess of the City Commission meeting on May 10, 2000, in the City Manager's Large Conference room, Fourth Floor, City Hall to discuss the following Pending Litigation:

City of Miami Beach, a Florida Municipal corporation vs. 4381 Indian Creek Drive, Miami Beach, Florida, Certain Land, Joiveca Corporation, Corporacion Joiveca, S.A., Hotelerama Associates, Ltd., Carolyn Properties, Inc., Guy B. Bailey, Jr., Jose Luis Pinto Ottati, Luis Pinto da Silva, Beatrice Pinto Ottati, The Nichols Partnership, Jose Manuel De Ponte Portugal, Manual De Ponte Camara Felipe, William Parra, Liliana Lembo De Parra, Jose Manuel Da Silva, Jose Alejandro Da Silva, Julious Ohren, Nathan M. Ohren, Lawrence S. Evans, Esq. 11th Judicial Circuit Court Case No. 99-19745 CA20

The following individuals will be in attendance: Mayor Neisen Kasdin; Members of the Commission: Matti H. Bower, Simon Cruz, David Dermer, Luis R. Garcia Jr., Nancy Liebman, and Jose Smith; City Attorney Murray H. Dubbin, City Manager Lawrence Levy, Deputy City Attorney Robert Dixon, Assistant City Attorney Valencia Abner.

Action: Closed Executive Session announced and held.

 

End of Regular Agenda

 

Reports and Informational Items

A Commission Memorandum No. 387-00

City Attorney's Status Report.

(City Attorney's Office)

Action: Motion made by Commissioner Bower; seconded by Commissioner Liebman to accept the report; Voice vote: 5:0; Absent: Mayor Kasdin and Commissioner Cruz.

 

B Commission Memorandum No. 388-00

Parking Status Report.

(Parking Department)

Action: Motion made by Commissioner Bower; seconded by Commissioner Liebman to accept the report; Voice vote: 5:0; Absent: Mayor Kasdin and Commissioner Cruz.

 

11:44a

C Commission Memorandum No. 389-00

Report on the Georgian Condominium.

(City Manager's Office)

(Continued from 4/12/00)

Action: Discussion Held. Christina Cuervo stated that inorder to expedite the process, a waiver of competitive bid will be needed.

Motion made by Commissioner Bower directing the Administration, on an expedited basis, to seek out and engage the services of an acoustical engineer; seconded by Commissioner Liebman. Commissioner Bower accepted Vice-Mayor Dermer's amendment to report back at the May 24th Commission Meeting; Voice vote on the motion: 7-0.

HANDOUT:

1. Letter from S. Jacobs to Matti Bower, Commissioner, dated 5/10/00, RE: Gentle Reminder.

 

D Commission Memorandum No. 390-00

Public Hearings Before the May 23, 2000 Planning Board Meeting are as Follows: 1) Conditional Use - N. View Drive; 2) Conditional Use - Parking Lot, 133-151 Collins Avenue; and, 3) Lot Split - 6650 Roxbury Lane.

Action: Motion made by Commissioner Bower; seconded by Commissioner Liebman to accept the report; Voice vote: 5:0; Absent: Mayor Kasdin and Commissioner Cruz.

 

E. Commission Memorandum No. 391-00

Status Report on the 42nd Street Parking Garage Project.

(Public Works)

Action: Motion made by Commissioner Bower; seconded by Commissioner Liebman to accept the report; Voice vote: 5:0; Absent: Mayor Kasdin and Commissioner Cruz.

 

F. Verbal Report on the Ablon Property.

(City Manager's Office)

(Hear in Conjunction with R7E and R7F)

Action: See action on R7E.

 

G. Commission Memorandum No. 392-00

Report on 17th Street Jet Ski Watersport Concession.

(City Manager's Office)

Action: Deferred to the May 24th Commission Meeting.

 

Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

May 10, 2000 - 10:00 a.m.

Chairman of the Board Neisen O. Kasdin

Member of the Board Matti Herrera Bower

Member of the Board Simon Cruz

Member of the Board David Dermer

Member of the Board Luis R. Garcia, Jr.

Member of the Board Nancy Liebman

Member of the Board Jose Smith

Executive Director Lawrence A. Levy

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 Memorandum No. 00-26

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 report submitted and accepted.

 

B. Redevelopment Agency Memorandum No. 00-27

Anchor Shops and Parking - Monthly Report on Parking Operations, Month of March, 2000.

Action: Written report submitted and accepted.

 

C. Redevelopment Agency Memorandum No. 00-28

A Resolution Approving on Second Reading/Public Hearing, the Development Agreement Between the City of Miami Beach, the Miami Beach Redevelopment Agency, and American Riviera Realty Company, in Accordance with the Requirements of the Florida Local Government Development Agreement Act, for Development of an Office Building and Retail Space at the Site Located at 224 23rd Street (The "King Parcel"), and Approving the Lease Agreement Between the City of Miami Beach, the Miami Beach Redevelopment Agency, and American Riviera Realty Company to Lease a Portion of Said Site Following a Public Hearing Held in Accordance with the Provisions of Sections 82-36 Through 82-40 of the Code of the City of Miami Beach, and Further Approving the Agreement of Purchase and Sale for the Ablon Parcel, Option Agreement for the Fruitstand Parcel, Agreement of Sale and Purchase for the Fruitstand Parcel, Option Agreement for the Chevron Parcel, Agreement of Purchase and Sale for the Chevron Parcel, Option Agreement for the King Parcel, Development Agreement for the Cultural Campus Parking Garage, Unity of Title Agreement/Declaration of Restrictive Covenants in Lieu of Unity of Title Agreements and the Parking Garage Easement Agreement, Contemplated as Part of the Agreement of Settlement Between the City of Miami Beach, the Miami Beach Redevelopment Agency, and American Riviera Realty Company; Further Authorizing and Appropriating $340,000 from the General Fund Undesignated Fund Balance to Reimburse the Library Project, and Waiving by 5/7th S Vote the Public Bidding Process and Independent Appraisal Requirements Pursuant to Ordinance 92-2783, Finding Such Waiver to Be in the Best Interest of the City. 10:30 a.m. Public Hearing, Second and Final Reading, Joint City Commission and Redevelopment Agency

Recommendation: Open and Continue to May 24, 2000.

Action: Discussion held (see R7E). Motion made by Commissioner Liebman to open and continue the public hearing to enable the City and American Riviera to complete the agreement by May 18th or the City will proceed with a "quick take". No second on this motion.

Motion made by Commissioner Cruz to start the "quick take"process on the Ablon parcel; seconded by Commissioner Smith; Voice vote: 6-1; Opposed: Commissioner Garcia . Christina Cuervo and Legal Department to handle.

 

D. Redevelopment Agency Memorandum No. 00-29

A Resolution of the Chairman and Members of the Miami Beach Redevelopment Agency, Approving on Second Reading/Public Hearing, the Development Agreement Between the City of Miami Beach, the Miami Beach Redevelopment Agency, and American Riviera Realty Company, in Accordance with the Requirements of the Florida Local Government Development Agreement Act, for Development of a Minimum 300 Space Parking Garage and 25,000 Sf Retail Space at the Site Located at 300 23rd Street (The "Fruitstand Parcel") and 340 23rd Street (The "Chevron Parcel") And, as an Alternative to the Foregoing, in the Event the Foregoing Will Not Be Constructed, in Regard to the Property Located at 340 23rd Street (The "Chevron Parcel"), the Development Agreement May Extend the Term of the Approvals of the Design Review and Historic Preservation Boards to Construct a 51,750 Sf Office and Retail Project; and Further Approving the Sale and Purchase Agreement Between the City of Miami Beach, the Miami Beach Redevelopment Agency, and American Riviera Realty Company to Sell the Site Located at 300 23rd Street (The "Fruitstand Parcel") Following a Public Hearing Held in Accordance with the Provisions of Sections 82-36 Through 82-40 of the Code of the City of Miami Beach, and Further Approving the Agreement of Purchase and Sale for the Ablon Parcel, Option Agreement for the Fruitstand Parcel, Option Agreement for the Chevron Parcel, Agreement of Purchase and Sale for the Chevron Parcel, Option Agreement for the King Parcel, Development Agreement for the Cultural Campus Office Building, Unity of Title Agreement/Declaration of Restrictive Covenants in Lieu of Unity of Title Agreements and the Parking Garage Easement Agreement, Contemplated as Part of the Agreement of Settlement Between the City of Miami Beach, the Miami Beach Redevelopment Agency, and American Riviera Realty Company; Further Authorizing and Appropriating from the City Center Redevelopment District Bond Fund Series 1998 (I) $700,000 to Reimburse the Parking Revenue Bonds for the Fruitstand Parcel Acquisition Cost, (Ii) $1,500,000 to Fund the Ablon Parcel Acquisition Cost, and (Iii) an Amount Not to Exceed $100,000 to Fund Attorney Costs Payable to Rollnick and Linden P. A.; and Waiving by 5/7ths Vote the Public Bidding Process and Independent Appraisal Requirements Pursuant to Ordinance 92-2783, Finding Such Waiver to Be in the Best Interest of the City. 10:31 a.m. Public Hearing, Second and Final Reading, Joint City Commission and Redevelopment Agency

Recommendation: Open and Continue to May 24, 2000

Action: See Action 2C.

 

3. NEW BUSINESS

12:58p

A. Redevelopment Agency Memorandum No. 00-31

Report of the Itemized Revenues and Expenditures of the Miami Beach Redevelopment Agency for Months Ended March, 2000.

(Distributed Under Separate Cover)

Action: Written report submitted.

HANDOUT: Report of the Itemized Revenues and Expenditures of the Miami Beach Redevelopment Agency for Months Ended March, 2000.

 

1:00p

B. Redevelopment Agency Memorandum No. 00-32

A Resolution Approving Amendment No. 5 to the Agreement Between the Miami Beach Redevelopment Agency and Kimley-Horn and Associates, Inc., for Professional Engineering and Landscaping Services, in an Amount Not-to-Exceed $8,500 for Design, Coordination and Preparation of Construction Documents for Two Monument Identification Signs at South Pointe Park, to be Included as Part of Phase I of the South Pointe Redevelopment Area Streetscape Project.

Action: Resolution No. 348-2000 adopted. Motion made by Commissioner Smith; seconded by Commissioner Garcia. Voice vote: 4-0:Absent: Vice Mayor Dermer and Commissioner Cruz and Liebman. Ricardo Mendez to handle.

 

1:03p

C. Redevelopment Agency Memorandum No. 00-33

A Resolution Approving a Summer Pilot Program, Proposing a Change to the Parking Rate Structure, for the Months of June Through September, for The Parking Component of the Anchor Shops and Parking at South Beach, in Accordance with the Terms and Conditions Of the Garage Facility Management Agreement Dated, July 15, 1998, Between the Agency and Quik Park of Florida, Inc.

Action: Resolution No. 349-2000 adopted. Motion made by Commissioner Bower; seconded by Commissioner Smith. Voice vote: 5-0: Absent: Vice Mayor Dermer and Commissioner Cruz. Christina Cuervo to handle.

 

D. Redevelopment Agency Memorandum No. 00-34

A Resolution Reappropriating $126,838.90 from Non-Tax Increment Redevelopment Agency Funds from City Center; Said Amount Representing the Balance of Brokerage Commissions to Be Paid by the Redevelopment Agency, as Successor in Interest to MB Redevelopment, Inc., under the Retail Space Master Lease Agreement, Dated September 26, 1996; and Further Authorizing the Payment of $74,871.30 in Brokerage Commissions to Comreal of Miami, Inc., for Leasing of Retail Space in the Anchor Shops to Cadiac, Inc., D/B/A Paradizzo/ Biker's Image.

Action: Resolution No. 350-2000 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Bower; Voice vote: 5-0. Absent: Vice Mayor Dermer and Commissioner Cruz. Patricia Walker and Cristina Cuervo to handle.

 

End of Agenda

Meeting adjourned at 7:55 PM