City of Miami Beach - City Commission Meeting

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

June 9, 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

PA1 Certificate of Appreciation/Luis Shishido. 1

PA2 Certificates of Appreciation/Police Officers of STEP Program. (Kasdin)

PA3 New Item: Cert. of Apprec/Eric Rodriguez, Natl Chess Champion. (Smith)

PA4 New Item: Cert. of Apprec/Eunice Rodriguez, Fla. State Champion. (Smith)

PA5 New Item:Cert of Apprec/Aaron Gluck&Ilana Greeberg, Hebrew Academy. (Kasdin)

PA6 New Item:Cert of Apprec/Rock Ensemble,T. Pardo,D.Weinberg, MB High. (Kasdin)

C2A Reject Bid No. 50-98/99, Grounds Maintenance Service. 3

C2B D-BA 63-98/99, Rehabilitation of Pinetree Park. 5

C2C BA 64-98/99, Two Neighborhood Electric Vehicles, $13,348. 7

C4A Joint Mtg Land Use/Fin.&Citywide Proj.Comm/Mid-Beach Neigh. Imp. Plan. 17

C4B Mayor's Ad Hoc Comm. on Schools/Feinberg-Fisher School Petition. (Liebman)19

C7A Accept Ranking/Neg. Contract w/The Nixon Group, RFP 35-98/99. 41

C7B Execute a County Historic Pres. Tax Exemption Covenant/Old City Hall. 45

C7C Appointment of Chief Special Master, 6/24/99 - 12/24/99. 55

C7D D-Set P. Hrg to Approve Lease Agmt w/ Holocaust Memorial Committee, Inc. 61

C7E Leasehold Mortgage & Security Agmt w/Miami City Ballet, Inc. 65

C7F Authorize City Mgr to Sign Contracts, Agmts, POs & COs during Hurricane. 121

C7G Multi-Family Hsg Rehab Program Agmt. $37,000/117 S. Shore Drive. 123

C7H Appropriate $30,000 for Right-of-Way Improvements on S. Side of 41st St. 139

C7I Set P. Hrg to Consider Expanding Pkg Areas for Res. Permit Pkg Zones. 145

C7J Retroactive Approval of Grant/S. Fla. Water Mgmt District, NSOSP. 149

C7K Set P. Hrg, Amend Comprehensive Plan: Add Policy re: Schools. 153

C7L S-Set P. Hrg, Amend Comprehensive Plan: Add Language of 6/97 Referendum. 157

C7M S-Set P. Hrg, Amend Future Land Use Map of Comp. Plan: 77th St. Area. 159

C7N S-Set P. Hrg, Amend Future Land Use Map of Comp. Plan: 40th St. Area. 161

C7O S-Set P. Hrg, Proposed Zoning Map Change: 40th St. Area. 163

C7P S-Set P. Hrg, Amend Land Development Regulations: Add Zoning Dist. Class. 165

C7Q S-Set P. Hrg, Amend Future Land Use Map of Comp. Plan: St. Francis Hosp. 167

C7R S-Set P. Hrg, Amend Comprehensive Plan: Modify Category. 169

C7S S-Set P. Hrg, Proposed Zoning Map Change: St. Francis Hospital. 171

C7T Mutual Aid Agmt w/School Board for Law Enforcement. 173

C7U 4th Amendment to Police Confiscation Trust Fund, $244,987. 191

C7V Execute Grant Agmt: Construction of Erosion Control Breakwater Project. 197

C7W Change Orders "DD" thru "LL", Expansion & Renovation of Bass Museum. 217

C7X Approp. $490,000 in Quality of Life/Resort Tax Funds, Improve N. Beach. 223

R5A 1st Rdg, City Attorney's Office, Uncl. Salary Ordinance No. 1605. 231

R5B 1st Rdg, Ch. 82, Monetary Donations for Naming P. Facilities. 239

R5C 5:00 p.m., 1st Rdg, Amend. Chap. 102, Promoter Ordinance. 247

R5D 1st Rdg, Amend Ch. 2, Sunsetting the TCCEA/Create Oversight Comm. 253/SM

R5E 10:30 a.m., 2nd Rdg, Amend Land Dev. Regs, Palm View His. District.5/7 259

R5F 2:30 p.m. 2nd Rdg, Temp Moratorium: Nightclubs/Lincoln Rd. 5/7(Liebman) 331

R6A Report on the Community Affairs Committee Meeting of 6/2/99. 337

R6B Verbal Report on the Neighborhoods Committee Meeting of 6/7/99. 341

R7A 2:00 p.m. 1st Hrg, Development Agmt w/16th Street Partners LLC. 343

R7B 2:15 p.m., 10th St. & Collins Ave. Pkg Garage Site, Park One. 353/SM

R7C D-Renovate CMB Golf Courses & Clubhouses. 365

R7D 9:30 a.m., HOME Agmt w/MBCDC, Rehab of Crespi Park Apts. 367

R7E Consenting to the Appointment of Floyd Jordan as Fire Chief. 401

R7F 11:30 a.m., Conceptual Approval/63rd St.&Indian Creek Dr., 8' Easement. 413

R7G D-Reso to State Insurance Comm, re: Fire Safety Code. (Shapiro) 437

R9A 9:30 a.m., Board and Committee Appointments. 439

R9B1 1:30 p.m., Dr. Stanley Sutnick Citizens' Forum. 485

R9B2 5:30 p.m., Dr. Stanley Sutnick Citizens' Forum. 485

R9C 3:00 p.m., Dis: Traffic Circle, Dade/Meridian Intersection. (Cruz) 487

R9D Designation of Mayor as City's Rep for MPO. (Kasdin) 529

R10A Noon Break, Closed Executive Session re: Settlement Issues w/KTKL. 531

R10B Noon Break, Closed Executive Session re: Swedroe. 533

REPORTS AND INFORMATIONAL ITEMS

A 11:00 a.m., Report on Mayor's Ad Hoc Committee on Schools Mtg of 6/1/99. 535

B City Attorney's Status Report. 539

C Status Report on Improvements to the City's Fire Stations. 543

D Parking Status Report. 553

E Public Hrgs before the 6/22/99 Planning Bd Mtg. 569

REDEVELOPMENT AGENCY ITEMS - 10:00 A.M.

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

2B Status Report on Anchor Shops and Pkg, April 1999. 7

2C Status Report on the Royal Palm Crowne Plaza Hotel Project. (Cruz) 9

3A Rpt. of Itemized Rev. & Expenditures of RDA, Mo. Ending April 30, 1999. SC

Call to Order - 9:00 a.m.

Inspirational Message and Pledge of Allegiance

Requests for Additions, Withdrawals, and Deferrals

PA - Presentations and Awards

PA1 A Certificate of Appreciation to be Presented to Luis Shishido, Municipal Service Worker III, as (At Your Service) Featured Employee.

(City Manager's Office)

ACTION: Certificate presented.

 

PA2 Certificates of Appreciation to be Presented to the Following Members of the Miami Beach Police Department, who are part of the City's STEP Program, for their Efforts and the Success of the Program in Controlling Speeding on Miami Beach: Captain Anthony Pizzo; Lieutenant David Allen; Sergeant Larry Hankoff; Police Officers Ed Feigenblatt, John Sallie, Ron McHugh, Sam Azicri, Ken Chapman, Dave Porter, Dennis Ward, Don McGavern, Dave Tracey, and Jim Blitch.

(Requested by Mayor Neisen Kasdin)

ACTION: Certificates presented.

 

ADD-ON ITEMS

 

PA3 A Certificate of Appreciation to be presented to Eric Rodriguez, 3rd time National Chess Champion, 3rd, 4th, and elementary.

(Requested by Commissioner Smith)

ACTION: Certificate presented.

 

PA4 A Certificate of Appreciation to be presented to Eunice Rodriguez, Florida State Champion 1999, K-3 under 700.

(Requested by Commissioner Smith)

ACTION: Certificate presented.

 

PA5 A Certificates of Appreciation to be presented to Aaron Gluck, Salutatorian and Ilana Greenberg, Valedictorian: Rabbi Alexander Gross Hebrew Academy.

(Requested by Mayor Neisen Kasdin)

ACTION: Certificates presented.

 

PA6 A Certificates of Appreciation to be presented to Miami Beach High School Rock Ensemble; Tamara Pardo, Co-Valedictorian and Daniel Weinberg, Co-Valedictorian: Miami Beach High School.

(Requested by Mayor Neisen Kasdin)

ACTION: Certificates presented.

 

Mayor Kasdin introduced Eduardo Mordujovich as the new staff assistant in the Office of the Mayor and Commissioners.

 

Mr. Calhoun, a member of the public, stated the public is not aware of what is going on items R10 A and B (Closed Executive Sessions) Mayor Kasdin briefly explained the reasons and needs for the sessions.

 

CONSENT AGENDA

Consent Agenda approved. Motion made by Commissioner Smith; seconded by Commissioner Liebman. Vote: 7-0. Consent Agenda approved except fro items C7L through C7S, and C7X.

C2 - Competitive Bid Reports

C2A Commission Memorandum No. 392-99

Request for Authorization to Reject all Bids Received, Pursuant to Bid No. 50-98/99 for a Three-Year Contract to Provide Grounds Maintenance Service with an Option to Renew for Three Years on a Year to Year Basis.

Administration Recommendation: Reject all bids.

(Parks and Recreation)

ACTION: Bids rejected. Michael Rath to notify bidders. Kevin Smith to review the minimum requirements and re-bid this project with revised specifications.

 

C2B Commission Memorandum No.

Request for Approval to Award a Contract Pursuant to Bid No. 63-98/99 for Rehabilitation of Pinetree Park. (Parks and Recreation)

(Bid Opens 6/7/99 - To Be Submitted)

ACTION: Deferred.

 

C2C Commission Memorandum No. 393-99

Request for Approval to Award a Purchase Order to Hideaway Yacht Sales in the Amount of $13,348, Pursuant to Bid No. 64-98/99 for the Purchase of Two (2) 1999 Bombardier Model "Class E" Neighborhood Electric Vehicles for the Police Department. Funding: Police Confiscations Account.

Administration Recommendation: Approve the award.

(Police Department)

ACTION: Award authorized. Michael Rath to issue Purchase Order. Chief Barreto to handle.

 

C4 - Commission Committee Assignments

C4A Commission Memorandum No. 394-99

Referral to a Joint Meeting of the Land Use and Development Committee and the Finance and Citywide Projects Committee - Middle Beach Neighborhood Improvements Plan.

Administration Recommendation: Refer the matter.

(City Manager's Office)

ACTION: Referred. Janet Gavarrete and Patricia Walker to place on committee agenda.

 

C4B Referral to the Mayor's Ad Hoc Committee on Schools - Petition for Students to Attend Feinberg-Fisher School from Kindergarten through the 8th Grade (Currently through the 6th Grade).

Recommendation: Refer the matter.

(Requested by Commissioner Nancy Liebman))

ACTION: Referred. Maria Ruiz to place on committee agenda.

 

C7 - Resolutions

C7A Commission Memorandum No. 395-99

A Resolution Accepting the Ranking of Proposals Received, Pursuant to Request for Proposals (RFP) No. 35-98/99, and Authorizing the Administration to Enter into Negotiations and Contract with the Number-One Ranked Firm, The Nixon Group, for Miami Beach Cultural Arts Council Marketing, for an Annual Amount Not to Exceed $150,000.

Administration Recommendation: Adopt the Resolution.

(Arts, Culture and Entertainment)

ACTION: Resolution No. 99-23184 adopted. David Whitman to handle.

 

C7B Commission Memorandum No. 396-99

A Resolution Approving and Authorizing the City Manager to Execute a Miami-Dade County Historic Preservation Tax Exemption Covenant for Historic City Hall, Located at 1130 Washington Avenue, Miami Beach, Florida.

Administration Recommendation: Adopt the Resolution.

(Asset Management)

ACTION: Resolution No. 99-23185 adopted. Joe Damien to handle.

 

C7C Commission Memorandum No. 397-99

1. A Resolution Accepting the Recommendation of the City Manager Concerning the Appointment of Judge Robert Newman to Serve as Chief Special Master Commencing June 24, 1999 and Ending December 24, 1999, or Until a Successor Has Been Appointed, Who Shall be Authorized to Hold Administrative Hearings Regarding Appeals from Citations for Violations of Miami Beach City Code Chapters and Regarding Denials, Suspensions, and Revocations of Occupational Licenses and Certificates of Use, and to Appoint Such Other Special Masters as May Reasonably be Required to Conduct Such Hearings Pursuant to City Ordinances.

2. A Resolution Accepting the Recommendation of the City Manager Concerning the Appointment of Judge Robert Newman to Serve as Chief Special Master, Commencing June 24, 1999 and Ending December 24, 1999, or Until a Successor Has Been Appointed, Who Shall be Authorized to Hold Hearings and Impose Fines, Liens and Other Non-Criminal Penalties Against Violators of City Codes and Ordinances, and Shall Also be Authorized to Appoint Such Other Special Masters as May Reasonably be Required to Conduct the Subject Hearings; Incorporating All Other Matters Set Forth within City of Miami Beach Resolution No. 98-22777 Concerning the Compensation and Duties of the Chief Special Master.

Administration Recommendation: Adopt the Resolutions.

(City Clerk's Office)

ACTION: 1. Resolution No. 99-23186 adopted.

2. Resolution No. 99-23187 adopted.

R. Parcher to handle.

 

C7D Commission Memorandum No. 398-99

A Resolution Setting a Public Hearing on July 7, 1999 at 5:00 p.m., to Consider a Lease Agreement between the City of Miami Beach and the Holocaust Memorial Committee, Inc., to Operate and Maintain the Holocaust Memorial Site Located at the Southeast Corner of Meridian Avenue and Dade Boulevard on Miami Beach.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Deferred.

 

C7E Commission Memorandum No. 399-99

A Resolution Approving an Amended and Restated Leasehold Mortgage and Security Agreement between Miami City Ballet, Inc., and SunTrust/Miami National Association; Authorizing the City Manager to Execute an Estoppel Letter and Landlord's (i.e. City's) Waiver of Lien, Pursuant to the Aforestated Leasehold Mortgage Documents; Authorizing the City Attorney's Office to Prepare a Memorandum of Lease, to be Recorded by the Ballet at its Sole Cost and Expense; and Authorizing the City Manager to Execute Any and All Related Documents, Subject to Approval and Review by the City Attorney's Office.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office/City Attorney's Office)

ACTION: Resolution No. 99- 23188 adopted as amended. Motion made by Commissioner Smith stating that any additional financing beyond the $4.5 million must go before the Commission for approval; seconded by Vice-Mayor Gottlieb. Vote: 7-0. Christina Cuervo to handle.

 

C7F Commission Memorandum No. 400-99

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 1999 Hurricane Season in the Interest of the Health, Safety and Welfare of Citizens and Employees of the City of Miami Beach.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Resolution No. 99-23189 adopted. Mayra Diaz Buttacavoli to handle.

 

C7G Commission Memorandum No. 401-99

A Resolution Authorizing the Mayor and City Clerk to Execute the Multi-Family Housing Rehabilitation Program Matching Grant Agreement with Joseph S. Barella in the Amount of $37,000 in Community Development Block Grant (CDBG) Program Funds Through the Multi-Family Housing Rehabilitation Program for the Rehabilitation of the Property Located at 117 South Shore Drive, Miami Beach, to Provide Five (5) Rental Dwelling Units for Income-Eligible Tenants.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 99-23190 adopted. Christina Cuervo to handle.

 

C7H Commission Memorandum No. 402-99

A Resolution Approving an Appropriation of $30,000 ($15,000 from Parking Enterprise Fund Account No. 480.0462.000343 and $15,000, Approved Herein as a Donation from the Forge Restaurant); Further Approving the Establishment of a Work Order for Public Right-of-Way Improvements on the South Side of the 400 Block of 41st Street, for Expansion of the Roadway, to Allow for On-Street Parking (Commercial/ Passenger Loading Zones).

Administration Recommendation: Adopt the Resolution.

(Parking Department)

ACTION: Resolution No. 99-23191 adopted. Jackie Gonzalez and Patricia Walker to handle.

 

C7I Commission Memorandum No. 403-99

A Resolution Setting a Public Hearing at 5:01 p.m. on June 23, 1999, to Consider an Amendment to Resolution No. 94-21126, Expanding Parking Areas for Residential Permit Parking Zones One (South Pointe); Zone Two (Flamingo Park); Zone Three (Michigan Avenue); Zone Four (Convention Center-East); and Zone Five (Art Deco), Respectively; and Amending Administrative Rules and Regulations Reducing the Number of Visitor Hang-Tags Issued per Household from Two (2), to One (1), and Providing for a Disposable (One-Time Use Only) Hang-Tag Program.

Administration Recommendation: Adopt the Resolution.

(Parking Department)

ACTION: Resolution No. 99-23192 adopted. Motion made by Commissioner Dermer; seconded by Commissioner Cruz; Vote: 7-0.

Commissioner Dermer asked several question pertaining to the residential area. Jackie Gonzalez, Parking Director, responded. See Handouts: Email from Saul Francis, Assistant Parking Director, to Sergio Rodriguez, City Manager.

Commissioner Dermer, as part of the motion, requested the Administration to explore angle-parking in the proposed zones and report back at the July 7 meeting. Historic Preservation Board, Transportation and Parking Committee, and Washington Avenue task force to review. Dean Grandin, Jackie Gonzalez, and Ronnie Singer, respectively, to handle. Include the number of parking permits issued.

Commissioner Shapiro requested that notices be distributed to the neighbors and business in the area. Jackie Gonzalez to handle.

Handout: Email from Saul Francis to Sergio Rodriguez, dated June 6, 1999 clarifying Commissioner Dermer=s questions and Jackie Gonzalez=s responses to the questions.

 

C7J Commission Memorandum No. 404-99

A Resolution Retroactively Authorizing the City Manager or His Designee to Submit a Grant Proposal to the South Florida Water Management District's Water Resources Education Partner Project, in the Amount of $50,000, with a 25% in-Kind Match of $12,500 from the Parks and Recreation Department for the Operation of the North Shore Open Space Park Nature Center Environmental Educational Program for Children; Appropriating the Funds, if Approved and Accepted by the City; and Further Authorizing the Mayor and City Clerk to Execute All Necessary Documents Related to this Grant Proposal.

Administration Recommendation: Adopt the Resolution.

(Parks and Recreation)

ACTION: Resolution No. 99-23193 adopted. Kevin Smith to handle.

C7K Commission Memorandum No. 405-99

A Resolution Setting a First Reading Public Hearing on June 23, 1999 at 5:15 p.m., to Consider a Proposed Amendment to the City of Miami Beach Comprehensive Plan Consisting of: An Ordinance Amending the City of Miami Beach Comprehensive Plan; by Modifying Part II: Goals, Objectives and Policies; by Modifying Objective 1: Land Development Regulations, of the Future Land Use Element by Adding Policy Regarding School Siting Requirements as Required by State Statute; by Modifying Objective 2: Comprehensive Plan Coordination, of the Intergovernmental Coordination Element by Adding Policy Regarding Requirements for Coordination with the Miami-Dade County School Board as Required by State Statute; by Modifying Part I: Data and Analysis, by Modifying Chapter I, Future Land Use Element by Adding Data and Analysis Pertaining to School Capacities, Enrollment and Projections; and, Directing Transmittals of this Ordinance and All Applicable Documents to Affected Agencies; Providing for Repealer, Severability, Inclusion in the Comprehensive Plan and an Effective Date.

Administration Recommendation: Adopt the Resolution.

(Planning Department)

ACTION: Resolution No. 99-23194 adopted. Dean Grandin to handle. R. Parcher to publish notice. Judy Hoanshelt to place on agenda.

 

C7L Commission Memorandum No. 406-99

A Resolution Setting a First Reading Public Hearing on July 21, 1999 at 5:45 p.m., to Consider a Proposed Amendment to the City of Miami Beach Comprehensive Plan Consisting of: An Ordinance Amending Part II: Goals, Objectives and Policies of the City of Miami Beach Comprehensive Plan, by Modifying Policy 1.2 of Objective 1: Land Development Regulations of the Future Land Use Element by Adding the Language of the June 1997 Referendum; and, Directing Transmittals of this Ordinance and All Applicable Documents to Affected Agencies; Providing for Repealer, Severability, Inclusion in the Comprehensive Plan and an Effective Date.

Administration Recommendation: Adopt the Resolution.

(Planning Department)

ACTION: Resolution No. 99-23195 adopted as amended. Special Commission Meeting scheduled for Tuesday, July 20 at 4:00 p.m. The Public Hearing date and time changed to July 20, 1999 at 5:45 p.m. Dean Grandin to handle. R. Parcher to publish notice of the Special Commission Meeting and first reading public hearing. Judy Hoanshelt to place on July 20 agenda.

 

C7M Commission Memorandum No. 407-99

A Resolution Setting a First Reading Public Hearing on July 21, 1999 at 5:15 p.m., to Consider a Proposed Amendment to the Future Land Use Map of the City of Miami Beach Comprehensive Plan Consisting of: An Ordinance Amending the Future Land Use Map of the City of Miami Beach Comprehensive Plan for the Area Bounded by the Atlantic Ocean on the East, 77th Street on the North, Collins Avenue on the East, and 76th Street on the South, Excluding lot 6, Block 10 of CORRECTED PLAT OF ALTOS DEL MAR NO. 1 [31-40], from the Current Future Land Use Category RS Single Family Residential, to the Proposed Future Land Use Category ROS Recreation and Open Space; Directing Transmittals of this Ordinance and All Applicable Documents to Affected Agencies; Providing for Repealer, Severability, Inclusion in the Comprehensive Plan and an Effective Date.

Administration Recommendation: Adopt the Resolution.

(Planning Department)

ACTION: Resolution No. 99-23196 adopted as amended. Special Commission Meeting scheduled for Tuesday, July 20 at 4:00 p.m. The Public Hearing date and time changed to July 20, 1999 at 5:15 p.m. Dean Grandin to handle. R. Parcher to publish notice of the Special Commission Meeting and first reading public hearing. Judy Hoanshelt to place on July 20 agenda.

 

C7N Commission Memorandum No. 408-99

A Resolution Setting a First Reading Public Hearing on July 21, 1999 at 5:01 p.m., to Consider a Proposed Amendment to the Future Land Use Map of the City of Miami Beach Comprehensive Plan Consisting of: An Ordinance Amending the Future Land Use Map of the City of Miami Beach Comprehensive Plan for the Area Generally Bounding the South Side of 40th Street Between Chase Avenue and Pinetree Drive [Lots 5 and 6, Block 50; Lots 10 through 15, Block 51; and Lots 11 and 12, Block 52; all of ORCHARD SUBDIVISION (8-116); together with Lots 8 through 10, Block 7 of FIRST ADDITION MID- GOLF SUBDIVISION (1-161)] from the Current Future Land Use Category RS Single Family Residential, to the Proposed Future Land Use Category RO Residential Office; Directing Transmittals of this Ordinance and All Applicable Documents to Affected Agencies; Providing for Repealer, Severability, Inclusion in the Comprehensive Plan and an Effective Date.

Administration Recommendation: Adopt the Resolution.

(Planning Department)

ACTION: Resolution No. 99-23197 adopted as amended. Special Commission Meeting scheduled for Tuesday, July 20 at 4:00 p.m. The Public Hearing date and time changed to July 20, 1999 at 5:01 p.m. Dean Grandin to handle. R. Parcher to publish notice of the Special Commission Meeting and first reading public hearing. Judy Hoanshelt to place on July 20 agenda.

 

C7O Commission Memorandum No. 409-99

A Resolution Setting a First Reading Public Hearing on July 21, 1999 at 5:01 p.m., to Consider a Proposed Zoning Map Change Consisting of: An Ordinance Amending the Official Zoning District Map, Referenced in Section 142-72 of the Code of the City of Miami Beach, Florida, by Changing the Zoning District Classification for the Area Generally Bounding the South Side of 40th Street between Chase Avenue and Pinetree Drive [Lots 5 and 6, Block 50; Lots 10 through 15, Block 51; and Lots 11 and 12, Block 52; all of ORCHARD SUBDIVISION (8-116); together with Lots 8 through 10, Block 7 of FIRST ADDITION MID-GOLF SUBDIVISION (1- 161)] from the Current Zoning District Classification RS-4 Single Family Residential, to the Proposed Zoning District Category RO Residential Office; Amending the Affected Portion of the City's Official Zoning District Map to Correspond with this Change as Adopted by the City Commission; Providing for Repealer, Severability and an Effective Date.

Administration Recommendation: Adopt the Resolution.

(Planning Department)

ACTION: Resolution No. 99-23198 adopted as amended. Special Commission Meeting scheduled for Tuesday, July 20 at 4:00 p.m. The Public Hearing date and time changed to July 20, 1999 at 5:01 p.m. Dean Grandin to handle. R. Parcher to publish notice of the Special Commission Meeting and first reading public hearing. Judy Hoanshelt to place on July 20 agenda.

 

C7P Commission Memorandum No. 410-99

A Resolution Setting a First Reading Public Hearing on July 21, 1999 at 5:30 p.m., to Consider a Proposed Amendment to the Land Development Regulations Consisting of: An Ordinance Amending the Code of the City of Miami Beach, Florida; by Amending Chapter 142, Article II, Entitled "District Regulations", Amending Division 3, Subdivision III, Entitled "RM-PRD Multi-Family, Planned Residential Development District", by Adding an RM-PRD2 Zoning District Classification; and, by Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer, Severability and an Effective Date.

Administration Recommendation: Adopt the Resolution.

(Planning Department)

ACTION: Resolution No. 99-23199 adopted as amended. Special Commission Meeting scheduled for Tuesday, July 20 at 4:00 p.m. The Public Hearing date and time changed to July 20, 1999 at 5:30 p.m. Dean Grandin to handle. R. Parcher to publish notice of the Special Commission Meeting and first reading public hearing. Judy Hoanshelt to place on July 20 agenda.

 

C7Q Commission Memorandum No. 411-99

A Resolution Setting a First Reading Public Hearing on July 21, 1999 at 5:30 p.m., to Consider a Proposed Amendment to the Future Land Use Map of the City of Miami Beach Comprehensive Plan Consisting of: An Ordinance Amending the Future Land Use Map of the City of Miami Beach Comprehensive Plan for the Property at 250 W. 63rd Street (A/K/A St. Francis Hospital Site) from the Current Future Land Use Category PF-RHO Public Facility (Religious, Hospital, Other), to the Proposed Future Land Use Category RM-PRD Multi-Family, Planned Residential Development; Directing Transmittals of this Ordinance and All Applicable Documents to Affected Agencies; Providing for Repealer, Severability, Inclusion in the Comprehensive Plan and an Effective Date.

Administration Recommendation: Adopt the Resolution.

(Planning Department)

ACTION: Resolution No. 99-23200 adopted as amended. Special Commission Meeting scheduled for Tuesday, July 20 at 4:00 p.m. The Public Hearing date and time changed to July 20, 1999 at 5:30 p.m. Dean Grandin to handle. R. Parcher to publish notice of the Special Commission Meeting and first reading public hearing. Judy Hoanshelt to place on July 20 agenda.

HANDOUT: Commissioner Cruz filed Form 8B (Memorandum of Voting Conflict for County, Municipal, and other Local Officers) St. Francis Hospital.

 

C7R Commission Memorandum No. 412-99

A Resolution Setting a First Reading Public Hearing on July 21, 1999 at 5:30 p.m., to Consider a Proposed Amendment to the City of Miami Beach Comprehensive Plan Consisting of: An Ordinance Amending Part II: Goals, Objectives and Policies of the City of Miami Beach Comprehensive Plan, by Modifying the Category Entitled "Low Density Planned Residential Category (RM-PRD) of Policy 1.2 of Objective 1: Land Development Regulations of the Future Land Use Element; and, Directing Transmittals of this Ordinance and All Applicable Documents to Affected Agencies; Providing for Repealer, Severability, Inclusion in the Comprehensive Plan and an Effective Date.

Administration Recommendation: Adopt the Resolution.

(Planning Department)

ACTION: Resolution No. 99-23201 adopted as amended. Special Commission Meeting scheduled for Tuesday, July 20 at 4:00 p.m. The Public Hearing date and time changed to July 20, 1999 at 5:30 p.m. Dean Grandin to handle. R. Parcher to publish notice of the Special Commission Meeting and first reading public hearing. Judy Hoanshelt to place on July 20 agenda.

 

C7S Commission Memorandum No. 413-99

A Resolution Setting a First Reading Public Hearing on July 21, 1999 at 5:30 p.m., to Consider a Proposed Zoning Map Change Consisting of: An Ordinance Amending the Official Zoning District Map, Referenced in Section 142-72 of the Code of the City of Miami Beach, Florida, by Changing the Zoning District Classification for the Property at 250 W. 63rd Street (A/K/A St. Francis Hospital Site) from the Current Zoning District Classification HD Hospital District, to the Proposed Zoning District Category RM-PRD2 Multiple Family, Planned Residential Development; Amending the Affected Portion of the City's Official Zoning District Map to Correspond with this Change as Adopted by the City Commission; Providing for Repealer, Severability and an Effective Date.

Administration Recommendation: Adopt the Resolution.

(Planning Department)

ACTION: Resolution No. 99-23202 adopted as amended. Special Commission Meeting scheduled for Tuesday, July 20 at 4:00 p.m. The Public Hearing date and time changed to July 20, 1999 at 5:30 p.m. Dean Grandin to handle. R. Parcher to publish notice of the Special Commission Meeting and first reading public hearing. Judy Hoanshelt to place on July 20 agenda.

 

C7T Commission Memorandum No. 414-99

A Resolution Authorizing the City Manager and the Police Chief to Execute, on Behalf of the City of Miami Beach Police Department, a Mutual Aid Agreement with the School Board of Miami-Dade County, Florida, for the Purpose of Coordinating Law Enforcement Planning, Operations, and Mutual Aid Benefits between the School Board and the City.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 99-23203 adopted. Chief Barreto to handle.

 

C7U Commission Memorandum No. 415-99

A Resolution Adopting the Fourth Amendment to the Police Confiscation Trust Fund for Fiscal Year 1998/99, in the Amount of $244,987, Funded from the Proceeds of State ($94,987) and Federal ($150,000) Confiscated Funds.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 99-23204 adopted. Chief Barreto and Patricia Walker to handle.

 

C7V Commission Memorandum No. 417-99

A Resolution Authorizing the Mayor and City Clerk to Execute a Grant Agreement with the Florida Department of Environmental Protection, Providing $250,000 to the City for Use in the Construction of the Central Miami Beach Erosion Control Breakwater Project and Appropriating the Grant Funds for that Purpose.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23205 adopted. Julio Grave de Peralta to handle.

 

C7W Commission Memorandum No. 419-99

A Resolution Approving Change Orders "DD" through "LL" with Danville - Findorff, Inc., in the Total Amount of $62,679, and Approving Additional Services for Spillis Candela & Partners, in the Amount of $5,440 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. 99-23206 adopted. Julio Grave de Peralta to handle.

 

C7X Commission Memorandum No. 420-99

A Resolution Appropriating $490,000 in City of Miami Beach Quality of Life/Resort Tax Funding from Fiscal Year 1997/98, for Improvements in the North Beach Community.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Resolution No. 99-23207 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Smith. Vote: 7-0.

Commissioner Liebman requested the Administration report, via an L.T.C., and before the budget, on the base service costs throughout the city, including North Beach . Commissioner Liebman wants North Beach to have as much base service as South Beach. The report is to include where the 1/3rd quality of life penny is spent in the other two areas. This will assist her in better understanding the budgeting issues when they come forward. Patricia Walker to handle.

 

End of Consent Agenda

REGULAR AGENDA

R5 - Ordinances

 

R5A City Attorney Commission Memorandum No. 421-99

An Ordinance Amending Ordinance No. 1605 as Amended, Which Established Positions in the Unclassified Service and Salary Ranges for Unclassified Employees, by Amending those Provisions Relating to the Employees of the City Attorney's Office by Abolishing the Distinction between Persons Employed Before and After October 1, 1992; Abolishing the Step System; Amending Salary Ranges for the City Attorney, Chief Deputy, Deputy, and First Assistant City Attorneys, Senior Assistant City Attorneys and Assistant City Attorneys II, Office Manager, Legal Secretaries, Paralegals and Receptionist; Providing for Repealer, Severability, and an Effective Date. First Reading

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

(City Attorney's Office)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Smith; seconded by Commissioner Dermer; ballot vote: 7-0. Second reading and public hearing scheduled for June 23rd at 11:40 a.m. R. Parcher to publish notice. Judy Hoanshelt to place on agenda.

 

R5B Commission Memorandum No. 422-99

An Ordinance Amending Article VI, of Chapter 82 of the Miami Beach City Code, Entitled "Naming of Public Facilities and Streets and Establishments of Monuments or Memorials", Creating Section 82-505 Providing for the Acceptance of Monetary Donations in Consideration for the Naming of Public Facilities; Providing for Codification, Repealer, Severability, and an Effective Date. First Reading

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

(City Manager's Office)

ACTION: Ordinance approved on first reading. Motion made by Vice-Mayor Gottlieb; seconded by Commissioner Smith; ballot vote: 7-0. Second reading and public hearing scheduled for June 23rd at 4:00 p.m. R. Parcher to publish notice. Judy Hoanshelt to place on agenda.

 

R5C Commission Memorandum No. 423-99

An Ordinance Amending Chapter 102, Entitled "Taxation", by Amending Section 102-356, Entitled "Construction of Article; Definitions" by Amending the Definition of "Promoter"; by Amending Section 102-371, Entitled "Application Procedures; Grounds for Denial," by Amending Application Requirements for Establishments Which Serve Alcoholic Beverages; by Amending Section 102-378 Entitled "Lapse of Insurance; Bonds," by Amending the Bond Requirements with Regard to Certain Dance or Entertainment Events Co-Sponsored, Co-Hosted, Funded in Whole or in Part, or Otherwise Endorsed by the City; Providing for Repealer, Severability, Codification, and Effective Date.

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

(City Manager's Office)

ACTION: Ordinance approved on first reading as amended. Motion made by Commissioner Cruz; seconded by Commissioner Liebman; ballot vote: 7-0. Second reading and public hearing scheduled for June 23rd at 4:30 p.m. R. Parcher to publish notice. Judy Hoanshelt to place on agenda.

Commissioner Smith requested that the language in paragraph A be tightened up.

Sergio Rodriguez, City Manager, read the amended language: "Section 3. Amendment of City Code Section 102-378(b) (8): AA Promoter holding simultaneous events on different premises shall be required to obtain a separate bond for each premises where such simultaneous dance or entertainment events are held, unless the dance or entertainment event is in conjunction with a convention, trade show, or special event which is co-sponsored, co-hosted, and/or funded in whole or in part and/or otherwise endorsed by the City, in which case, the provisions of paragraph (b)(6) above apply.@

Note: The double-underline is the inserted language.

Ronnie Singer to handle.

Mayor Kasdin questioned if the effective date of 10 days of the ordinance can be waived by the Commission.

Commissioner Dermer requested a review of the issue in 6 months.

 

R5D Commission Memorandum No. 424-99

An Ordinance Repealing, in its Entirety, Chapter 2, Division 24, Sections 2-190.81 through 2-190.84, of the Miami Beach City Code, Entitled "Tourist and Convention Center Expansion Authority"; Said Repealer Having the Effect of Sunsetting the Authority; Providing for Severability; Codification; Repealer; and an Effective Date. First Reading

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

(Convention Center)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Liebman; seconded by Vice-Mayor Gottlieb; ballot vote: 7-0. Second reading and public hearing scheduled for June 23rd at 10:30 a.m. R. Parcher to publish notice. Judy Hoanshelt to place on agenda.

 

R5D1 An Ordinance Creating Division 24 of Chapter 2 of the Miami Beach City Code to be Entitled "Capital Projects Oversight Committee", Creating Sections 2-190.81 through 2-190.84, Establishing the Purpose, Composition, Powers, and Duties of the Committee; Providing for Severability, Codification, Repealer, an Effective Date and Sunset Provision. First Reading (Supplemental Agenda)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Dermer; seconded by Commissioner Liebman; ballot vote: 7-0. Second reading and public hearing scheduled for June 23rd at 10:35 a.m. Mayra Diaz Buttacavoli to handle. R. Parcher to publish notice. Judy Hoanshelt to place on agenda.

 

R5E Commission Memorandum No. 425-99

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

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(First Reading 4/28/99 - Continued from 5/26/99)

ACTION: Public hearing held. Ordinance No. 99-3186 adopted. Motion made by Commissioner Liebman; seconded by Vice-Mayor Gottlieb; ballot vote: 7-0. Dean Grandin to handle.

HANDOUTS:

1. Letter from Carmen Jomarron and Juana Sarmiento dated June 8, 1999

2. Letter from Nicki Chirosenti dated June 8, 1999

3. Map Zoning Districts within the Proposed Palm View Historic District - presented by Mr. Rose.

4. Letter signed by 21 people. Dated September 13, 1998

5. Speaker=s List

 

R5F City Attorney Commission Memorandum No.426-99

An Ordinance Establishing a Temporary Moratorium to be Effective through September 30, 1999 on: a) The Issuance of New Certificates of Use and Occupational Licenses for Establishments Located on Any Property which has a Lot Line on Lincoln Road, from the Atlantic Ocean on the East to Biscayne Bay on the West, which will Allow Dancing as a Use After the Effective Date of this Ordinance, and b) The Expansion of Uses Under Existing Certificates of Use and Occupational Licenses for Establishments Located on any Property which has a Lot Line on Lincoln Road, from the Atlantic Ocean on the East to Biscayne Bay on the West, which do not Currently Allow, but Seek to Allow, Dancing as a Use After the Effective Date of this Ordinance, in Order to Consider and Fully Implement, if Adopted, Amendments to the Miami Beach City Code Amending the Definitions, Operational Requirements, and Licensing Procedures related to Restaurants, Nightclubs, Supper Clubs, Dance Halls, Bars, Entertainment Establishments, and Alcoholic Beverage Establishments; Providing for Severability; and Providing for an Effective Date. 2:30 p.m. Public Hearing, Second and Final Reading

Recommendation: Adopt the Ordinance.

(Requested by Commissioner Nancy Liebman)

(First Reading 5/26/99)

ACTION: Public hearing held. Ordinance No. 99-3187 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Cruz; ballot vote: 7-0. Patricia Walker to handle.

 

R6 - Commission Committee Reports

R6A Commission Memorandum No. 427-99

Report on the Community Affairs Committee Meeting of June 2, 1999: 1) Proposal to Name the Street in Front of the Talmudic University and Yeshiva between Alton Road and Dade Boulevard in Honor of Rabbi Jeremiah Burstyn; 2) Proposal to Honor Chris Dundee, Former Owner and Operator of the 5th Street Gym; and, 3) Proposal to Dedicate a Plaza in the City to the Memory of Simon Bolivar.

ACTION: Verbal report presented by Commissioner Cruz who stated that the issue of naming streets in honor of someone is creating a problem and needs to be reviewed. Commissioner Cruz stated that the Community Affairs Committee discussed the issue of renaming streets in honor of individuals and agreed that a historic marker or plaque would have more impact in recognizing individuals who have contributed to Miami Beach.

Commissioner Cruz requested the Administration research and report back to the Community Affairs Committee. Judy Hoanshelt to place on committee agenda.

 

R6B Verbal Report on the Neighborhoods Committee Meeting of June 7, 1999 pertaining to a Discussion of the Homeowners' Consensus Agreement regarding the Lower North Bay Road Traffic Issue.

ACTION: Verbal report presented by Vice-Mayor Gottlieb. The following action was taken at the committee meeting:

1. The intersection at 20th Street and Alton Road has been separated for study and reconstruction which shall include two left-hand turn lanes and one right turn lane. The timing of the light will be adjusted to prevent traffic back-up. No parking will be permitted along the curb.

2. The no-left-turn signage at 20th Street and North Bay Road should remain until the 20th Street and Alton Road traffic modification is completed and properly assessed. Only then should consideration be given to removing the no-left turn restriction.

3. The Publix traffic should not be prohibited from turning right on West Avenue (north) upon existing the garage and proceeding east on 20th Street.

4. The speed limit should be consistent along lower North Bay Road; signage should reflect 25 MPH throughout the area.

5. The City should pursue (with FDOT) signage at 34th Street and Chase Avenue, prohibiting turns onto North Bay Road. currently, "NO LEFT TURN" signage exists. This would be replaced with "NO TURNS" signage.

Handout: Written report submitted at the Commission Meeting and filed. Commission Memorandum 441-99.

 

R7 - Resolutions

R7A Commission Memorandum No. 428-99

A Resolution Approving on First Reading, the Development Agreement, in Accordance with the Requirements of the Florida Local Government Development Agreement Act, between the City of Miami Beach and 16th Street Partners LLC, for Development of the Site Located at Washington Avenue and 16th Street, and Setting the Second Public Hearing for Consideration of the Development Agreement on June 23, 1999, and Further Setting a Public Hearing, Pursuant to Section 82-36 through 82-40 of the Code of the City of Miami Beach, on June 23, 1999, for Approval of the Lease Agreements between the City of Miami Beach and 16th Street Partners LLC, to Lease the Site Located at Washington Avenue and 16th Street. 2:00 p.m. First Public Hearing

Administration Recommendation: Approve the Development Agreement on first reading for purposes of setting a second public hearing on June 23, 1999.

(City Manager's Office)

ACTION: Public hearing held. Resolution No. 99-23208 adopted. Motion made by Vice-Mayor Gottlieb; seconded by Commissioner Liebman; voice vote: 6-1; opposed: Commissioner Shapiro.

Vice-Mayor Gottlieb expressed concern over the possibility of price gouging during special events and during those times when there is a heavy demand for parking and requested that the same rates basically be all year long with no increase in rates during special events.

The City Manager, Sergio Rodriguez, responding that the parking rates shall not be less than what the city is charging at City /Agency garages and no higher than the highest parking rate charged in Miami-Dade County. Additionally, for special events there will be no gouging other than what the market will dictate. Administration and Developer to negotiate new language.

Commissioner Dermer requested that "commensurate with the highest parking rate ...." be substituted for "no higher@.

The public hearing for the lease agreement pursuant to Ordinance No. 92-2783 scheduled for June 23rd at 2:30 p.m. Second public hearing on the Development Agreement scheduled for June 23rd at 2:31 p.m. Larry Levy to prepare notice. R. Parcher to publish notice. Judy Hoanshelt to place on agenda.

HANDOUT:

1. Letter from Joseph D. Riviere dated June 3, 1999

 

R7B Commission Memorandum No. 429-99

A Resolution Authorizing and Directing the Administration to Negotiate a Development Agreement and Lease Agreement with Park One, for the Development of a Parking Garage at 10th Street and Collins Avenue in Accordance with the Terms Set Forth in the Commission Memorandum.

Park One: Revised Exhibit 1, page 2 of 2; and Revised Exhibit 2. (Supplemental Agenda)

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Resolution not adopted. Discussion held.

Motion made by Commissioner Cruz directing the Administration to convene further negotiations with Park One in order to reach closure on the financial issues. An independent evaluation to be done by Mr. Larry Herrup, Chairman of the Budget Advisory Committee, and Laurie Holtz, Audit Committee, or a member of his firm; voice vote: 7-0. Discussion continued on the referral to a professional person/firm. Mayor Kasdin clarified the referral of the financial issues stating that the City Manager can make the selection of who will perform the independent evaluation and to notify the Commission of the selection.

Commissioner Cruz amended his motion to include the language as presented by the City Attorney:" WHEREAS , Park One, Inc. has been advised, and is aware of pending litigation involving the property which pending litigation may prevent or have an effect on the contents of the lease agreement and development agreement to be entered into."

Vice-Mayor Gottlieb requested a timeline to complete the negotiations. Christina Cuervo, Assistant City Manager stated that if Park One can meet next week for a full day she believes the item could be presented at the June 23rd Commission meeting.

Christina Cuervo to handle.

HANDOUT:

1. Spreadsheet City=s Comparison versus Park One Project

 

R7C Commission Memorandum No.

A Resolution Approving and Authorizing the Renovation of the City of Miami Beach's Golf Courses and Clubhouses at Bayshore, Normandy, and the Par 3 Golf Courses, Respectively.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

(Documents to be Submitted)

ACTION: Deferred.

 

R7D Commission Memorandum No. 431-99

A Resolution Authorizing the Mayor and City Clerk to Execute the Home Investment Partnerships (HOME) Program Agreement with the Miami Beach Community Development Corporation (MBCDC), Providing $970,000 of HOME Program Funds for the Acquisition and Rehabilitation of the Crespi Park Apartments, Located at 7900-7920 Crespi Boulevard and 1011 and 1023 79th Street, Miami Beach, to Provide Sixteen (16) Rental Units for Income-Eligible Tenants in Accordance with the HOME Program Requirements; Approving an Amendment to the City's 1998/1999 One Year Action Plan for Federal Funds Reallocating $224,397 of Fiscal Year 1997/98 HOME Funds from a Notice of Funding Availability and $502,803 from Fiscal Years 1996/97 and 1998/99 HOME Program Funds from the City's Multi-Family Housing Rehabilitation Program to Fund this Initiative in North Beach; Further, Approving a One-Time Only Assignment of this Agreement to MBCDC: Crespi Park Apartments, Inc., a Not-for-Profit Entity to be Created by MBCDC as a Successor in Interest in Title to the Crespi Park Apartments, and Under this Agreement.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 99-23209 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Liebman; voice vote: 7-0.

Commissioner Smith stated that this is a slum and blighted area and the City needs to help this area because of the broken streets and sidewalks which need to be repaired, litter, garbage, and trash which needs to be picked up. Julio Grave de Peralta and Matthew Schwartz to handle. Lynn Bernstein to report back.

Commissioner Shapiro advised the Commission that the Miami Beach Community Development Corporation utilized the City's lobbyist in Tallahassee for its own issues and requested that the Administration look into the situation, contact the lobbyists and report back at the July 7th Commission meeting. Judy Hoanshelt to place on agenda. Administration to investigate and notify Denis Russ and lobbyists to attend the meeting.

 

R7E Commission Memorandum No. 432-99

A Resolution Consenting to the Appointment of Floyd Jordan, as Chief of the Fire Department for the City of Miami Beach.

Administration Recommendation: Adopt the Resolution.

(Human Resources)

ACTION: Resolution No. 99-23210 adopted. Motion made by Commissioner Dermer; seconded by Commissioner Smith; voice vote: 7-0.

 

R7F Commission Memorandum No. 433-99

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 (8) Foot Wide Easement, or Otherwise Conveying to the FDOT, an Eight (8) Foot Wide Strip of Land along the East Property Line of Brittany Bay Park, Abutting Indian Creek Drive in Furtherance of Access and Right-of-Way Purposes for the Project; and Further Urging the FDOT to Expedite the Funding and Implementation of this Project.

Administration Recommendation: Adopt the Resolution.

(Public Works)

(Deferred from 5/26/99)

ACTION: Resolution not adopted. The City Manager Sergio Rodriguez reiterated the 3 options to the Commission:

1) To remove the existing flyover structure and construct an at-grade intersection;

2) Replacing the existing flyover structure with a new flyover with vertical clearance between 11 ft 8 in and 14 ft.;

3) Replace the existing flyover with a new one that will provide 16.5 ft of vertical clearance. Mr. Mike Siskar, representing FDOT, addressed the Commission. Discussion followed.

Vice-Mayor Gottlieb made to a motion that no action be taken at this time; seconded by Commissioner Smith.

Commissioner Liebman requested that FDOT do the "simple things": installing the tubular delineators; timing of the traffic lights; paint the bridge; and the square lights on the bridge that have never worked properly.

Administration to revisit this issue in 6 months.

FDOT directed to analyze adding another lane and expanding the bridge if necessary.

Julio Grave de Peralta to handle. Judy Hoanshelt to place on the January 2000 agenda.

Voice vote: 6-1; opposed: Mayor Kasdin.

HANDOUT:

1. Letter from the Traffic Calming Subcommittee dated May 25th, 1999

2. Speaker=s List

 

R7G Commission Memorandum No.

A Resolution Directed to State Insurance Commissioner Bill Nelson, as State Fire Marshal Urging That Each Municipality, Which Has its Own Qualified Fire Department, Be Granted the Absolute Authority to Select the Most Appropriate Fire Safety Code for Existing Residential High-Rise Buildings for the Conditions Existing in the Municipality.

Administration Recommendation: Adopt the Resolution.

(Requested by Commissioner Martin Shapiro)

(Documents in Legal - To be Submitted)

ACTION: Deferred.

 

R9 - New Business and Commission Requests

R9A Commission Memorandum No. 434-99

Board and Committee Appointments for the Meeting of June 9, 1999.

(City Clerk's Office)

ACTION: The following appointments made:

Parks and Recreational Facilities Board

Al Pisano term expires 12/31/1999 Commissioner Liebman

General Employees Retirement System Board

Dean Mielke term expires 10/31/2002 City Manager

Fine Arts Board

Mary Sue Belloff term expires 12/31/2000 City Commission

Design Review Board

Charles Alden (Landscape Architect) term expires 12/31/2000 City Commission

Nuisance Abatement Board

Ray Reilly (South Beach) term expires 12/31/2000 City Commission

Mark Meland (Middle Beach) term expires 12/31/2000 City Commission

Police/Citizen Relations Committee

Spencer Eig term expires 12/31/2000 City Commission

Cynthia Jacobs term expires 12/31/2000 City Commission

Michael Alvarez term expires 12/31/2000 City Commission

Safety Committee

Joe Pallant - Mid Beach term expires 12/31/2000 City Commission

Pat McKysek - South Beach term expires 12/31/2000 City Commission

Luciano Yanos - North Beach term expires 12/31/2000 City Commission

Commissioner Liebman stated that several members of the Transportation and Parking Committee should no longer be members. Jackie Gonzalez to notify the Clerk=s Office of any changes.

Motion made by Commissioner Liebman to extend the terms through September 8th of those board and committee members with terms expiring on December 31, 1998 unless a new appointment is made.

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

ACTION: 1) Mike Calhoun commented on the convention blue ribbon committee which was appointed by the Commission to come to a conclusion on negotiating with the Greater Miami Bureau.

Mr. Calhoun stated that this is unfair to the citizens of Miami Beach, that the money should be kept here on Miami Beach and that this idea was never explored by the committee. This is not a Homestead Chamber of Commerce but that there are 50 plus chambers listed in the phone book. 2) Torquil Smith commented on a situation with a police officer while engaged in a telephone conversation with a friend on Washington Avenue. Chief Barreto to handle 3) Stanley K. Shapiro addressed the Commission on: district elections and salary increases for the Mayor and Commissioners. Commissioner Liebman suggested that the issues be expanded to include a strong Mayor form of government. Administration to place item on the June 23rd Commission agenda for discussion. Judy Hoanshelt to place on agenda. 4) Henry Kay addressed the Commission on the fire sprinkling issue and that many condominium owners could possibly face bankruptcy because of the cost of installation of a fire sprinkling system. Vice-Mayor Gottlieb requested a copy of the Fire Marshal=s letter which was sent to property owners. Chief Jordan to handle. 5) Bea Kalstein spoke about the importance of having a hospital in the Allison Island area and questioned if the Administration checked for deed restriction. Joe Damien to handle. 6) Gil Zriny gave several examples of how the level-of-service was apparently treated differently and stated that all buildings should be treated equally.

HANDOUT:

1. #4 above. Copy the Fire Marshal=s letter. <Chief Jordan to send a copy to the City Clerk>

2. Speaker=s List

 

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

ACTION: Not reached.

 

R9C Discussion and Consideration to Include a Traffic Circle in the Future Renovation to the Dade Boulevard/Meridian Avenue Intersection.

(Requested by Commissioner Simon Cruz)

ACTION: Discussion held. No further action needs to be taken.

 

R9D Designation of the City of Miami Beach Mayor as the City's Representative for the Municipal Planning Organization (MPO).

(Requested by Mayor Neisen Kasdin)

ACTION: Designation of Mayor Kasdin as the representative from the City of Miami Beach to the Municipal Planning Organization (MPO) approved. Motion made by Commissioner Liebman; seconded by Vice-Mayor Gottlieb; voice vote: 7-0.

Commissioner Liebman suggested that should the Mayor be unable to attend a meeting that an alternate be appointed. Mayor Kasdin will research MPO's policy on alternates. Julio Grave de Peralta to coordinate with Steven Hurwitz.

The issue of the additional one-cent tax for transportation needs is scheduled for a vote by the Miami-Dade County Commission on June 22nd.

Administration to report back on July 21st with a status report. Christina Cuervo to handle. Judy Hoanshelt to place on agenda.

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 of the City Commission meeting in the City Manager's large conference room, Fourth Floor, City Hall, to discuss settlement issues of the following case:

K.T.K.L. Corporation, a Florida corporation vs The City of Miami Beach, a Municipal corporation. Eleventh Judicial Circuit, General Jurisdiction, Case No. 97 2687 CA03.

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 Robert Dixon, and Assistant City Manager Christina Cuervo.

ACTION: Executive Session announced and held.

 

R10B Closed Executive Session

Pursuant to Section 286.011(8), Florida Statutes, a Closed Executive Session will be held during lunch recess of the City Commission meeting in the City Manager's large conference room, Fourth Floor, City Hall, to discuss the following:

Robert Swedroe and Rita Swedroe vs. City of Miami Beach, Circuit Court of the 11th Judicial Circuit, Appellate Division, Case No. 99-115AP

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, Assistant City Manager Janet Gavarrete, and Public Works Director Julio Grave de Peralta.

ACTION: Executive session announced and held.

 

End of Regular Agenda

 

Reports and Informational Items

A Commission Memorandum No. 435-99

Report on Mayor's Ad Hoc Committee on Schools regarding the Master Plan Meeting of June 1, 1999.

(Children's Affairs)

ACTION: Commissioner Smith reported on the Biscayne Elementary School Primary Learning Center (PLC) and presented the item to the Commission outlining the two options available: Option A) placing the PLC on the west side of the property which is owned jointly by the City and Miami-Dade County School; and Option B) placing the PLC on the south side of the property.

Assistant City Manager Christina Cuervo addressed the Commission. Option A would need a referendum. The two homeowners associations asked if the City would defer this item for 2 weeks so that they would have an opportunity to meet again and try to come up with a solution. At this time the homeowners associations prefers Option B. The Parkview (Park View) Island Homeowners Association opposed this proposal because parking in this proposal would be placed next to the water tanks. The homeowners association felt that this was an impairment to what they considered to be open green space adjacent to their residential homes and wanted to meet again with the school board to see if they could find some alternative proposals for parking for the teachers.

Vice-Mayor Gottlieb directed the City Manager to be personally involved in the process. Administration to notify Dr. Krop of the two week deferral. Judy Hoanshelt to place on agenda.

Item deferred for two weeks.

Discussion continued with the item of North Beach Elementary School. Christina Cuervo, Assistant City Manager, reported on Options A and B. Option A recommends that the PLC be constructed on the existing school site and that all parking be relocated to the adjacent City surface lot. The possibility of the teachers using the 42nd St garage was explored. The teacher union preclude them from walking in excess of a block for parking so the use of 42nd Street garage may not be a viable alternative. The use of 125 spaces in a 200 space lot would adversely impact the merchants of the area.

Commissioner Smith stated that Option A is the preferred solution by the parent teachers association and that the merchants would be more comfortable with option B because it would eliminate parking behind their stores. Commissioner Smith further reported that there are 2 rows of parking behind the stores on 41st Street which are almost never used and the merchants that came before the public hearing did not feel burdened or affected or impacted by designating 2 rows of parking towards the north of that surface lot for teacher or parent parking. Later in the meeting Lynn Bernstein stated that the businesses did in fact feel that using the 2 row of parking would adversely impact them.

Commissioner Dermer made a motion to schedule the issue for a time certain for the July 7th Commission meeting; seconded by Commissioner Cruz; voice vote: 7-0. Item scheduled for time certain of 10:30 a.m. on July 7th.

Vice-Mayor Gottlieb directed the City Attorney to contact the attorneys for the School Board to discuss the issue of the teacher parking and the teacher union contract.

 

B City Attorney Commission Memorandum No. 436-99

City Attorney's Status Report.

(City Attorney's Office)

ACTION: Written report submitted.

 

C Commission Memorandum No. 437-99 (Page 543)

Status Report on Improvements to Fire Stations.

(City Manager's Office)

ACTION: Written report submitted.

 

D Commission Memorandum No. 438-99 (Page 553)

Parking Status Report.

(Parking Department)

ACTION: Written report submitted.

 

E Commission Memorandum No. 439-99 (Page 569)

Public Hearings Before the June 22, 1999 Planning Board Meeting are as Follows: 1) Nightclub Definitions and Hours of Operation; 2) Neighborhood Impact Establishments; 3) Bath Club - Rezoning; 4) Bath Club - Rezoning/Amending District Regulations; 5) Parkshore - Rezoning; 6) City Parking Lot - 1337 Collins Avenue; 7) GU Planning Board Review; and, 8) GU Planning Board Review.

(Planning Department)

ACTION: Written report submitted.

 

Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

June 9, 1999 - 10:00 a.m.

Chairman of the Board Neisen O. Kasdin

Member of the Board Simon Cruz

Member of the Board David Dermer

Member of the Board Susan F. Gottlieb

Member of the Board Nancy Liebman

Member of the Board Martin Shapiro

Member of the Board Jose Smith

Executive Director Sergio Rodriguez

Assistant Director Christina M. Cuervo

Assistant Director Mayra Diaz Buttacavoli

General Counsel Murray H. Dubbin

Secretary Robert E. Parcher

AGENDA

1. ROLL CALL

2. OLD BUSINESS

A. Redevelopment Agency Memo No. 99-31

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. Commissioner Liebman asked if the commission amount paid to Fuddrucker's was excessive and if the same amount is being paid to Loews. Assistant City Manager Christina Cuervo responded that the commissions are paid to third parties.

 

B. Redevelopment Agency Memo No. 99-32

Anchor Shops and Parking - Monthly Report on Parking Operations, April 1999.

ACTION: Written report submitted. Commissioner Smith questioned the decreased transient revenue shortfall and the increase in operating expenses during the month of April. Christina Cuervo, Assistant City Manager stated that one reason is April contained three (3) payrolls rather than the normal two (2) and the number of monthly account holders decreased by 20, from 146 to 126.

 

C. Redevelopment Agency Memo No. 99-33

Status Report on Royal Palm Crowne Plaza Hotel Project.

(Requested by Commissioner Simon Cruz)

ACTION: Written report submitted. The City Manager stated that the requested information regarding an updated construction progress schedule and the updated construction costs have not been submitted and that Mr. Peebles has requested a delay in revenue to the City in future years and the implications of the request are being analyzed as far as timeframes and the total cost of the project. Commissioner Dermer questioned when the Administration would be ready to make a recommendation. Assistant City Manager Christina Cuervo stated that Mr. Peebles has submitted a conceptual cost estimate of increased costs and an outside date for the new anticipated construction completion date and that he needs to submit a construction progress schedule, a revised budget and should be submitted within the next few days. A response is needed pursuant to the terms of the lease.

Commissioner Dermer questioned if the construction and completion date is on schedule. City Manager responded that the construction is moving along. What's being affected are the terms of the agreement which Mr. Peebles wants to discuss and try to adjust the terms because of the delays in some of the adjustments which were not made because of building demolition. The City Manager is negotiating whether or not to recommend those terms. The completion date is changed by six months because of the necessity of building demolition and also because of contamination. There is a difference between what Mr. Peebles is claiming and what Administration wants to recommend to the Commission.

 

3. NEW BUSINESS

A. Redevelopment Agency Memo No. 99-34

Report of the Itemized Revenues and Expenditures of the Miami Beach Redevelopment Agency for the Month Ended April 30, 1999.

(Distributed Under Separate Cover)

ACTION: Written report submitted.

 

End of Agenda

Meeting adjourned at 7:20 p.m.