City of Miami Beach - City Commission Meeting

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

June 23, 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 Proclamation/Fire Fighter Appreciation Week, June 21-28, 1999. 1

PA2 Proclamation/Dean Grandin, Planning Director. (Kasdin)

PA3 Proclamations/E-COMB & MBCDC for Arbor Day. (Kasdin)

C2A Bid No. 55-98/99, Tables and Transport Carts for Conv. Ctr, $124,403. 3

C2B BA 58-98/99, Janitorial Srvs for CMB Parking Garages, $129,108. 5

C2C BA 63-98/99, Rehabilitation of Pinetree Park, $220,977.75. 7

C2D PO, 911 Logging Recorder Sys & Mgmt Workstation, $63,609.53. 11

C2E PO, Furniture for Police Dept., $25,637.52. 13

C2F BA 75-98/99, Tropical Hardwood, $56,440. 15

C4A Refer to Planning Bd/Amend Off-St. Pkg Sec. of Land Dev. Regs. 17

C4B Refer to Historic Pres. Bd/Review HP Ord. Bd. Category Change. (Liebman) 23

C4C Refer to Fin.&C-Wide Proj. & Trans. & Pkg Comm/46th St. Lot Impr.(Smith) 25

C7A Lease Agmt w/UNIDAD, 833-6th St., for Use as an Administrative Office. 27

C7B Elect Commissioner Martin Shapiro as Vice-Mayor, 7/1 - 10/31/99. 39

C7C Grant Application to MB Cultural Arts Council, 2000 Festival of Arts. 41

C7D Amendment to Xerox Document Equipment Mgmt Srvs Agmt. 43

C7E Set P. Hrg, Revocable Permit Application, Days Inn-North Beach. 57

C7F Accept Final Plat, "Mark Lands Subdivision". 61

C7G Issue RFQ/Renovate Conv Ctr/TOPA ADA-Compliant Improvements. 67

C7H Approve Amendment 1 to Agmt w/Robert A.M. Stern Arch., Library Proj. 105/SM

C7I Adopt & Allow Use of the So. Fla. Bldg Code in Hurricane Prone Areas. 115

C7J Amend Underground Electric Transmission Facilities Agmt w/FP&L. 121

C7K Set P. Hrg., Waiver of Pkg Req. for Miami City Ballet Facility. 127/SM

R5A 11:40 a.m., 2nd Rdg, City Attorney's Office, Uncl. Salary Ord No. 1605. 129

R5B 11:30 a.m., 2nd Rdg, Ch. 2, Trans. & Pkg Comm/Wash. Ave. Task Force. 139

R5C 4:00 p.m., 2nd Rdg, Ch. 82, Monetary Donations to Name P. Facilities. 145

R5D 4:30 p.m., 2nd Rdg, Amend. Chap. 102, Promoter Ordinance. 155

R5E 10:30 a.m., 2nd Rdg, Amend Ch. 2, Sunsetting the TCCEA. 163

R5E1 10:35 a.m., 2nd Rdg, Amend Ch. 2, Create Capital Proj. Oversight Comm. 169

R5F 11:00 a.m., 2nd Rdg, Ch. 130, Pkg Garages as Main Use in Res. Dist.5/7 177

R5G 2:05 p.m, 1st Rdg, Amend Ch. 142, GU District, Cultural Campus. 5/7ths 189

R5H 5:15 p.m. 1st Rdg, Amend Comprehensive Plan: Add Policy re: Schools. 199

R5I 1st Rdg, Amend Composition of Barrier-Free Environment Comm. 207

R6A Verbal Report on the 6/17/99 Joint Mtg of Land Use/Fin.&Citywide Comm. 213

R6B Verbal Report on the Finance & Citywide Proj. Comm. Mtg of 6/17/99. 215

R7A 2:00 p.m. 1st Hrg, Development Agmt w/Miami City Ballet. (Withdraw) 217

R7B 2:30 p.m./2:31 p.m., Ground Lease/Dev. Agmt w/16th St. Partners LLC. 221/SM

R7C 2:35 p.m., 10th St. & Collins Ave. Pkg Garage Site, Park One, Inc. 237

R7D 4:00 p.m., Accept Criteria/Monetary Donations to Name P. Facilities. 247

R7E 5:01 p.m., Expand Pkg Areas for Res. Permit Pkg Zones/Hang-Tag Program. 253

R7F Utilize Sunpost Newspaper for Ads of Public Notices. (Cruz) 267

R7G 3:00 p.m., Place Ballot Question: Altos Del Mar Lots. (Smith) 269

R9A Board and Committee Appointments. 273

R9B Disc:Dist. Elections/Salary Incr. Mayor & CC/Strong Mayor-Form of Gov. 319

R9C 4:15 p.m.,Disc:Star Island Taxpayers'Assn Req. Fund Beaut.Proj.(Kasdin) 321

R9D Disc:Request to Grant $20,000 for Midem. (Cruz) 325

R9E 9:30 a.m., Disc:Homeowners' Assn/Civic Grps re: July 4th Celeb.(Smith) 327

REPORTS AND INFORMATIONAL ITEMS

A Status Report on the Cultural Campus. 329

B Status Report on the Washington Ave. Task Force - May 1999. 337

C Status Report on Lincoln Road Movieplex. 343

D Status Report on the Progress of North Beach Construction. 345

E Status Report on the Allison Island Street Improvement Project. 347

F Update on FPL's Frequent Power Outages. 353

G 3:30 p.m., Status Report: Nautilus Middle School/Polo Park Project. 357

REDEVELOPMENT AGENCY ITEMS - 10:00 A.M.

No Items to be Heard.

 

Call to Order - 9:00 a.m.

Inspirational Message and Pledge of Allegiance

Requests for Additions, Withdrawals, and Deferrals

PA - Presentations and Awards

 

PA1 A Proclamation to be Presented to the Miami Beach Fire Department Proclaiming June 21-28, 1999 as Fire Fighter Appreciation Week, Recognizing the Outstanding Efforts of the Miami Beach Fire Fighters on Behalf of the Muscular Dystrophy Association.

(Fire Department)

ACTION: Proclamation presented.

 

PA2 A Proclamation to be Presented to Dean Grandin, Planning Director, who has Accepted a Position with the City of Orlando as Planning and Development Director.

(Requested by Mayor Neisen Kasdin)

ACTION: Proclamation presented.

 

PA3 Proclamations to be Presented to E-COMB and to the Miami Beach Community Development Corporation in Observance of Arbor Day in the City of Miami Beach.

(Requested by Mayor Neisen Kasdin)

ACTION: Proclamations not presented. Deferred to July 7, 1999 Commission Meeting. Judy Hoanshelt to place on agenda.

 

CONSENT AGENDA

Consent Agenda approved. Motion made by Commissioner Smith; seconded by Vice-Mayor Gottlieb; Vote: 6-0. Absent Commissioner Liebman.

C2 - Competitive Bid Reports

C2A Commission Memorandum No. 442-99

Request for Approval to Award Purchase Orders to King Arthur, Inc. and Palmer Snyder, Inc. in the Total Amount of $124,403, Pursuant to Bid No. 55-98/99 for the Purchase of Tables and Transport Carts for the Convention Center. Funding: Convention Center Budget Account.

Administration Recommendation: Approve the award.

(Convention Center)

ACTION: Award authorized. Michael Rath to issue Purchase Orders. Mayra Diaz Buttacavoli to handle.

 

C2B Commission Memorandum No. 443-99

Request for Approval to Award a One-Year Contract to Best's Maintenance & Janitorial Service, Inc. in the Estimated Annual Amount of $129,108, Pursuant to Bid No. 58-98/99 for Providing Janitorial Services for the City of Miami Beach Parking Garages. Funding: Parking Department Budget Account.

Administration Recommendation: Approve the award.

(Parking Department)

ACTION: Award authorized. Jackie Gonzalez to handle.

 

C2C Commission Memorandum No. 444-99

Request for Approval to Award a Contract to Vila & Son Landscaping Corp. in the Amount of $220,977.75, Pursuant to Bid No. 63-98/99 for the Rehabilitation of Pinetree Park. Funding: Parks Bond Budget Account.

Administration Recommendation: Approve the award.

(Parks and Recreation)

(Deferred from 6/9/99)

ACTION: Award authorized. Kevin Smith to handle.

 

C2D Commission Memorandum No. 445-99

Request for Approval to Award a Purchase Order to Dictaphone Corporation, in the Amount of $63,609.53 Pursuant to State of Florida Contract No. 725-630-97-1 for the Purchase of a Logging Recorder System and a Management Workstation for the 911 Center of the Police Department. Funding: Police Department Budget Accounts.

Administration Recommendation: Approve the award.

(Police Department)

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

 

C2E Commission Memorandum No. 446-99

Request for Approval to Award a Purchase Order to J. C. White Inc., in the Amount of $25,637.52 Pursuant to State of Florida Contract No. 425-001-98-1 and Miami-Dade County Contract No. 1072-1/00 for the Purchase of Furniture for the Police Department. Funding: Police Department Confiscated Funds Budget Account.

Administration Recommendation: Approve the award.

(Police Department)

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

 

C2F Commission Memorandum No. 447-99

Request for Approval to Award a Purchase Order to Timber Holdings, Ltd. in the Amount of $56,440, Pursuant to Bid No. 75-98/99 for the Purchase of Tropical Hardwood. Funding: Parks Bond Budget Account and Property Management Budget Account.

Administration Recommendation: Approve the award.

(Property Management/Parks and Recreation)

ACTION: Award authorized. Michael Rath to issue Purchase Order. Brad Judd to handle.

 

C4 - Commission Committee Assignments

C4A Commission Memorandum No. 448-99

Referral to the Planning Board - A Proposal by the Administration to Amend the Off-Street Parking Section of the Land Development Regulations of the Miami Beach City Code.

Administration Recommendation: Refer the matter.

(Planning Department)

ACTION: Referred. Jorge Gomez to place on Planning Board agenda.

 

 

C4B Referral to the Historic Preservation Board to Review a Change in the Historic Preservation Ordinance which will Change the Board Category of "Engineer" to "Engineer/Architect".

Recommendation: Refer the matter.

(Requested by Commissioner Nancy Liebman)

ACTION: Referred. Jorge Gomez to place on Historic Preservation Board agenda.

 

C4C Referral to the Finance and Citywide Projects Committee - Discussion regarding the 46th Street Lot Improvements.

Recommendation: Refer the matter.

(Requested by Commissioner Jose Smith)

ACTION: Referred. Patricia Walker to place on committee agenda. Also referred to Transportation and Parking Committee. Jackie Gonzalez to place on committee agenda.

 

C7 - Resolutions

C7A Commission Memorandum No. 449-99

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 July 1, 1999, and Ending on May 31, 2000 for Use as an Administrative Office.

Administration Recommendation: Adopt the Resolution.

(Asset Management)

ACTION: Resolution No. 99-23211 adopted. Joe Damien to handle.

 

C7B Commission Memorandum No. 450-99

A Resolution Electing Commissioner Martin Shapiro as Vice-Mayor for a Term Commencing on July 1, 1999, and Terminating on October 31, 1999 or on Such Date When a New Vice-Mayor is Thereafter Elected.

Administration Recommendation: Adopt the Resolution.

(City Clerk's Office)

ACTION: Resolution No. 99-23212 adopted. R. Parcher to handle.

 

C7C Commission Memorandum No. 451-99

A Resolution Retroactively Approving and Authorizing the City Manager, or His Designee, to Submit a Grant Application to the Miami Beach Cultural Arts Council for Funding Consideration Under the 1999-2000 Grant Program, for Support of the Parks and Recreation Department's 2000 Festival of the Arts, in the Amount of $10,000; Accepting the Grant, if Awarded; and Appropriating the Awarded Funds in Compliance with the Terms of the Grant.

Administration Recommendation: Adopt the Resolution.

(Parks and Recreation)

ACTION: Resolution No. 99-23213 adopted as amended. Vice-Mayor Gottlieb requested that the grant application be submitted to the VCA and then to the Miami Beach Cultural Arts Council. Sergio Rodriguez stated that the Administration will apply to both. Mayra Diaz Buttacavoli and Kevin Smith to handle.

 

C7D Commission Memorandum No. 452-99

A Resolution Authorizing the Mayor and City Clerk to Execute an Amendment to the Xerox Document Equipment Management Services Agreement.

Administration Recommendation: Adopt the Resolution.

(Procurement)

ACTION: Resolution No. 99-23214 adopted. Michael Rath to handle.

 

C7E Commission Memorandum No. 453-99

A Resolution Setting a Public Hearing on July 7, 1999 at 2:00 p.m. to Consider a Revocable Permit Application By Bernard Mollod, as Owner of the Days Inn-North Beach, Located at 7450 Ocean Terrace, for Construction of a Portion of a Handicap Access Ramp with Railing within the Adjacent City Right-of-Way.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23215 adopted. Julio Grave de Peralta to handle. R. Parcher to publish notice.

City Clerk’s note: The 15 day mailing notice to owners with 375 feet of the subject property has been done. A notice is scheduled for the June 27th Neighbors.

 

C7F Commission Memorandum No. 454-99

A Resolution Accepting the Proposed Final Plat of "Mark Lands Subdivision", a Replat of Lots 28 and 29 of "Indian River Subdivision", as Recorded in Plat Book 31 Page 75, of the Miami-Dade County Public Records.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23216 adopted. Julio Grave de Peralta to handle.

 

C7G Commission Memorandum No. 455-99

A Resolution Approving Issuance of a Request for Qualifications (RFQ) from Architectural or Engineering Firms to Provide Professional Services for the Renovation of the Miami Beach Convention Center and the Jackie Gleason Theater of the Performing Arts to Make Available ADA-Compliant Restrooms, Doors, Ramps and Other Improvements.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23217 adopted. Mike Rath to issue the RFQ.

 

C7H Commission Memorandum No. 456-99

A Resolution Approving Amendment No. 1 to the Agreement with Robert A. M. Stern Architects (Stern), for the Cultural Campus/Regional Library Project, in an Amount Not to Exceed $91,035, for Additional Services for the Streetscape Design and Construction Documents; to Decrease Stern's Basic Architectural Engineering Services from the Original Amount of $1,125,000 to $925,000 for the Deletion of the 400-Space Parking Garage; and for Stern to Hold the Cost of Designing the Parking Garage at the Original Fee of $200,000 Should the City Determine to Proceed with the Garage within Twenty-Four (24) Months of the Execution of the Original Agreement. (Documents in Legal - To be Submitted)

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23218 adopted. Julio Grave de Peralta to handle.

 

C7I Commission Memorandum No. 474-99

A Resolution Requesting the Governor of the State of Florida, the State of Florida Legislature, and the Florida Building Commission to Adopt and Allow the Use of the South Florida Building Code in Hurricane Prone Areas Such as the City of Miami Beach and to Direct the City's Building Official to Present to the Florida Building Commission Adequate Provisions in the South Florida Building Code which will Maintain the Present Level of Life Safety Protection Provided to the Residents of the City of Miami Beach.

Administration Recommendation: Adopt the Resolution.

(Building Department)

ACTION: Resolution No. 99-23219 adopted. Phil Azan to handle.

 

C7J City Attorney Commission Memorandum No. 470-99

A Resolution Amending Resolution No. 98-22891 Entitled: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida; Authorizing the Mayor to Execute an Underground Electric Transmission Facilities Agreement with Florida Power & Light Company for the Construction of an Underground Electric Transmission Line between the 40th Street Substation and the Venetian Substation; Authorizing the Issuance of Not Exceeding $4,000,000 Non-Ad Valorem Revenue Note, Series 1998 to Finance a Contribution in Aid of Construction of Said Underground Electric Transmission Line; Covenanting to Annually Budget and Appropriate Funds from Legally Available Non-Ad Valorem Revenues to Repay Such Note; Prescribing the Form, Terms and Details of Such Note; Awarding the Note to Florida Power & Light Company, by Negotiated Sale; Making Certain Covenants and Agreements in Connection Therewith; Granting an Easement for the Construction of Said Underground Electric Transmission Line; Providing for Appraisal of the Value of Said Easement and for Any Moneys Received from the Grant of Such Easement to Be Used to Offset the Cost of the Said Contribution-in-Aid-of-Construction; and Providing an Effective Date.

Recommendation: Adopt the Resolution.

(City Attorney's Office)

ACTION: Resolution No. 99-23220 adopted. City Attorney Murray Dubbin stated that a promissory note should be included in the package and will be distributed under separate cover, it should be part and parcel of this item. Legal Department, Julio Grave de Peralta (project) and Patricia Walker (finances) to handle.

City Clerk's note: 6/28/99. See resolution 98-22891

HANDOUT: Draft copy prepared by the City Attorney’s office "United States of America, State of Florida, City of Miami Beach, Florida, Non-Ad Valorem Revenue Note, Series 1999"

 

C7K Commission Memorandum No.

A Resolution Setting a Public Hearing for July 21, 1999 to Consider a Waiver of the Parking Requirements for the Proposed Miami City Ballet Facility Located in the Collins Park Area within the City's Proposed Cultural Campus, Pursuant to Section 142-425(D) of the Miami Beach City Code, as Amended.

(City Manager's Office)

(Documents in Legal - To be Submitted)

ACTION: Resolution No. 99-23221 adopted. Janet Gavarrete to handle.

15 day mail notice to all property owners with in 375 feet and 15 day notice in Neighbors, Planning Department to prepare notice. Miami City Ballet to provide mailing labels. R. Parcher to publish notice. Judy Hoanshelt to place on agenda.

End of Consent Agenda

 

REGULAR AGENDA

R5 - Ordinances

R5A City Attorney Commission Memorandum No. 457-99

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. 11:40 a.m. Public Hearing, Second and Final Reading

Recommendation: Adopt the Ordinance.

(City Attorney's Office)

(First Reading 6/9/99)

ACTION: Public hearing held. Ordinance No. 99-3188 adopted. Motion made by Commissioner Smith; seconded by Commissioner Cruz; ballot vote: 6-0; absent: Commissioner Liebman. Mary Greenwood to handle.

 

R5B Commission Memorandum No. 458-99

An Ordinance Amending Chapter 2 of the Miami Beach City Code Entitled "Administration", Amending Article 3, Entitled "Agencies, Boards, and Committees", Amending Division 25, Entitled "Transportation and Parking Committee", by Amending the Composition of the Committee to Substitute Representation from the Washington Avenue Task Force for the Washington Avenue Association; Providing for Repealer, Severability, Codification, and an Effective Date. 11:30 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(City Manager's Office)

(First Reading 5/26/99)

ACTION: Public hearing held. Ordinance No. 99-3189 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Dermer; ballot vote: 6-0; absent: Commissioner Liebman. R. Parcher, Jackie Gonzalez, and Ronnie Singer to handle.

 

R5C Commission Memorandum No. 459-99

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. 4:00 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(City Manager's Office)

(First Reading 6/9/99)

(Hear in Conjunction with R7D)

ACTION: Public hearing held. Ordinance No. 99-3190 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Smith; ballot vote: 5-1 (opposed: Commissioner Shapiro); absent: Commissioner Liebman. Judy Hoanshelt to coordinate.

 

R5D Commission Memorandum No. 460-99

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, and/or Funded in Whole or in Part by the City; Providing for Repealer, Severability, Codification, and an Effective Date. 4:30 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(City Manager's Office - First Reading 6/9/99)

ACTION: Public hearing held. Ordinance No. 99-3191 adopted as amended: Section 3. 102-378(b)(8): a promoter holding simultaneous events on different premises after July 1, 1999 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 held after June 9, 1999 and is in conjunction with a convention, trade show, or special events which is co-sponsored, co-hosted, and/or funded in whole or in part by the City, in which case, the provisions of paragraph (b)(6) above apply. Ronnie Singer to handle.

Motion made by Commissioner Cruz; seconded by Vice-Mayor Gottlieb; ballot vote: 6-0; absent: Commissioner Liebman.

Discussion continued on a event recently held at 74th Street and Collins Avenue and the sale of alcoholic beverages by an non-non-licensed promoter. The City Manager stated that he will send an L.T.C. on code enforcement and police procedures. Ronnie Singer to handle.

 

R5E Commission Memorandum No. 461-99

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

Administration Recommendation: Adopt the Ordinance.

(First Reading 6/9/99)

ACTION: Public hearing held. Ordinance No. 99-3192 adopted. Motion made by Vice-Mayor Gottlieb; seconded by Commissioner Cruz; ballot vote: 5-0; absent: Commissioners Liebman and Shapiro. R. Parcher to handle.

R5E1 City Attorney Commission Memorandum No. 462-99

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. 10:35 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(First Reading 6/9/99)

(Convention Center/City Attorney's Office)

ACTION: Public hearing held. Ordinance No. 99-3193 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Smith; ballot vote: 5-0; absent: Commissioners Liebman and Shapiro. R. Parcher and Mayra Diaz Buttacavoli to handle.

 

R5F Commission Memorandum No. 463-99

1. Original Version - Reviewed May 26, 1999: An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 130 Entitled "Off Street Parking", Section 130-68 Entitled "Commercial and Noncommercial Parking Garages" by Clarifying the Requirements for Architectural Compatibility of Parking Garages as a Main Use in Residential Zoning Districts; by Allowing Commercial Uses in the First Floor Frontage of Such Parking Garages Located in an RM-2 District Which is Adjacent to an RM-3 District; by Limiting the Residential or Commercial Space Associated with Such Parking Garages to 25% of the Total Floor Area of the Garage; by Limiting the Height of Such Parking Garages; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. 11:00 a.m. Public Hearing, Second and Final Reading

2. Revised Version - Recommended for Approval: An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 130 Entitled "Off Street Parking", Section 130-68 Entitled "Commercial and Noncommercial Parking Garages" by Clarifying the Requirements for Architectural Compatibility of Parking Garages as a Main Use in Residential Zoning Districts; by Allowing Commercial Uses in the First Floor Frontage of Such Parking Garages Located in an RM-2 District Which is Adjacent to an RM-3 District; by Limiting the Residential or Commercial Space Associated with Such Parking Garages to 25% of the Total Floor Area of the Garage in Commercial, Mixed Use, and Government Use Zoning Districts and by Limiting the Commercial Space Associated with Such Parking Garages to 10% of the Total Floor Area of the Garage in Residential Zoning Districts; by Limiting the Height of Such Parking Garages; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. 11:00 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the proposed amending Ordinance as revised.

(Planning Department)

(First Reading 5/26/99)

ACTION: Revised version (number 2 above) approved. Ordinance No. 99-3194 adopted as amended. Sec. 130-68(4) "The limit shall be 75 feet in the CPS-1, CPS-2, CD-3 district, excluding parking garages within a local historic district and in the GU districts; for all other districts (including local historic districts), the height limit shall be the lesser of 50 feet or the maximum height specified as set forth in the underlying zoning district, whichever is less; however, the maximum permitted height for residential uses shall be as specified in the underlying zoning district."

Note: double underline identifies the amendment made on the floor.

Motion made by Vice-Mayor Gottlieb; seconded by Commissioner Cruz; ballot vote: 6-0; absent: Commissioner Liebman.

 

R5G Commission Memorandum No. 464-99

1. Original Version: An Ordinance Amending Chapter 142, Entitled "Zoning Districts and Regulations", by Amending Article II, Entitled "District Regulations", by Amending Division 9, Entitled "GU Government Use District", by Amending Section 142-421, Entitled "Purpose", by Providing that Any Land or Air Rights Owned by or Leased to the City or Other Governmental Agency for an Initial Term No Less than Twenty (20) Years Shall Automatically Convert to a GU Government Use District; and by Amending Section 142-425, Entitled "Development Regulations", by Amending Subsection (D) Thereof to Provide for an Additional Exception for Not-for-Profit Educational, Cultural, or Quasi Public Organizations; Providing for Severability; Codification; Repealer and an Effective Date. First Reading

2. Alternative Planning Board Version: An Ordinance Amending Chapter 142, Entitled "Zoning Districts and Regulations", by Amending Article II, Entitled "District Regulations", by Amending Division 9, Entitled "GU Government Use District", by Amending Section 142-421, Entitled "Purpose", by Providing that Any Land or Air Rights Owned by or Leased to the City or Other Governmental Agency for an Initial Term of Not Less than Twenty (20) Years Shall Automatically Convert to a GU Government Use District; Amending Section 142-425, Entitled "Development Regulations", by Amending Subsection (D) Thereof to Provide for an Additional Exception for Private or Joint Government/Private Developments Which are Part of the Miami Beach Cultural Campus Located between 21st Street and 23rd Street, between Collins and Park Avenues, and for Use by Not-for-Profit Educational, Cultural, or Quasi Public Organizations for a Period of Up to Three (3) Years; Providing for Severability; Codification; Repealer and an Effective Date. First Reading

Administration Recommendation: Approve the original version of the proposed amending Ordinance on first reading and schedule a public hearing for second and final reading.

(Planning Department)

ACTION: Original version (#1 above) approved. Motion made by Vice-Mayor Gottlieb; seconded by Commissioner Smith; ballot vote: 5-0; absent: Commissioners Liebman and Shapiro. Second reading and public hearing scheduled for July 21st at 10:30 a.m. (City Clerk's note: The public hearing was re-scheduled for July 7th at 11:00 a.m.) R. Parcher to notice. Judy Hoanshelt to place on agenda.

 

R5H Commission Memorandum No. 465-99

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 a Policy Regarding School Siting Requirements as Required by State Statute; by Modifying Objective 2: Comprehensive Plan Coordination, of the Intergovernmental Coordination Element by Adding a 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. 5:15 p.m. Public Hearing, First Reading

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

(Planning Department - Scheduled on 6/9/99)

ACTION: Public hearing held. Ordinance approved on first reading. Motion made by Commissioner Cruz; seconded by Commissioner Smith; ballot vote: 6-0; absent: Commissioner Liebman. Second reading tentatively scheduled for in or around September 1999. Jorge Gomez to handle. Judy Hoanshelt to place on a future agenda.

 

R5I Commission Memorandum No. 466-99

An Ordinance Amending the Miami Beach City Code Chapter 2 Entitled "Administration", Article III, Section 2-31(d) Thereof Amending the Composition of the Barrier-Free Environment Committee by Reducing the Number of Voting Members from Nine to Five; Providing for Codification Severability, 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.

(Public Works)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Shapiro; seconded by Commissioner Dermer; ballot vote: 6-0; absent: Commissioner Liebman. Second reading and public hearing scheduled for July 7th at 10:30. R. Parcher to publish notice.

 

R6 - Commission Committee Reports

R6A Verbal Report on the June 17, 1999 Joint Meeting of the Land Use and Development Committee and the Finance and Citywide Projects Committee regarding:

1) Discussion on the South Pointe Redevelopment Area Streetscape Master Plan, Phasing Plan, Project Schedule and Estimated Construction Costs; and, 2)  Discussion on the Middle Beach Neighborhood Improvements Plan.

ACTION: Report presented by Commissioner Cruz. Report accepted. Motion made by Vice-Mayor Gottlieb; seconded by Commissioner Smith; voice vote: 6-0; absent: Commissioner Liebman.

Administration to identify $180,000 in the budget process for streetscape and landscaping improvements in connection with the street calming project on La Gorce and Pine Tree. Patricia Walker and Jose Cruz to handle.

HANDOUT: Written report submitted.

 

R6B Verbal Report on the June 17, 1999 Finance and Citywide Projects Committee Meeting regarding: 1) Onyx Florida LLC - Request to Fill Vacant Position as Commercial Waste Hauler; and, 2) Suggestions to Offset the Sanitation Deficit Created by Reductions Resulting from Modifications to the Sanitation Commercial Impact Fee.

ACTION: Verbal report presented by Commissioner Cruz. Both issues to be scheduled for the July 7th Commission meeting. Matthew Schwartz to handle. Judy Hoanshelt to place on agenda.

HANDOUT: Copy of the written report.

 

R7 - Resolutions

R7A Commission Memorandum No. 467-99

Public Hearing to Consider a Development Agreement between the City of Miami Beach and the Miami City Ballet. 2:00 p.m. First Public Hearing

Administration Recommendation: Withdraw item.

(City Manager's Office)

(Continued from 5/12/99)

ACTION: Withdrawn.

 

R7B Commission Memorandum No. 468-99

A Resolution Approving on Second 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 Approving the Lease Agreement between the City of Miami Beach and 16th Street Partners LLC, to Lease 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 and Providing an Effective Date. Proposed Ground Lease - 2:30 p.m. Public Hearing

Development Agreement - 2:31 p.m. Second Public Hearing

Administration Recommendation: Adopt the Resolution.

(City Manager's Office - First Hearing 6/9/99)

ACTION: Public hearings held. Resolution No. 99-23222 adopted with the following two Whereas clauses added:

WHEREAS, pursuant to the requirements of Section 82-39 of the Code of the City, the City obtained an independent appraisal of the fair market or rental value of its property; and

WHEREAS, on June 22, 1999, after a duly noticed public hearing held pursuant to Sections 142-421 through 142-425 of the Code of the City, the Planning board reviewed the proposed private use of the land owned by the City and zoned GU government use district, and in connection with such review the Planning Department prepared an analysis using the criteria set forth in Section 82-38 of the code of the City; and

Lease agreement approved. Motion made by Vice-Mayor Gottlieb; seconded by Commissioner Cruz; voice vote: 5-1 (opposed: Commissioner Shapiro); absent: Commissioner Liebman.

Development agreement approved. Motion made by Commissioner Cruz; seconded by Vice-Mayor Gottlieb; voice vote: 5-1; opposed: Commissioner Shapiro; absent: Commissioner Liebman.

Christina Cuervo to handle.

R7C Commission Memorandum No. 469-99

A Resolution Authorizing and Directing the Administration to Negotiate a Development Agreement and Lease Agreement with Park One, Inc. for the Development of a Parking Garage at 10th Street and Collins Avenue in Accordance with the Terms Set Forth in this Commission Memorandum and Referenced as the "City's Position".

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Resolution not adopted. Presentation given by Christina Cuervo. Discussion held.

Motion made by Commissioner Cruz to approve the "City's position" as defined in the Agenda on pages 239 and 240; however the approval is subject and conditioned upon a satisfactory settlement with KTKL lawsuit; seconded by Commissioner Smith. (No vote taken).

Discussion continued. Motion made by Commissioner Dermer to defer this item until after legal action is completed (July 21st); seconded by Commissioner Shapiro; voice vote: 6-0; absent Commissioner Liebman. Judy Hoanshelt to place on agenda.

 

R7D Commission Memorandum No. 471-99

A Resolution Accepting the Criteria Established by the Community Affairs Committee to Evaluate Requests for the Acceptance of Monetary Donations in Consideration for the Naming of Public Facilities and the Interior Portion of a Public Facility or a Plaza.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

(Hear in Conjunction with R5C)

ACTION: Resolution No. 99-23223 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Smith; voice vote: 6-0; absent: Commissioner Liebman. Judy Hoanshelt to coordinate.

 

R7E Commission Memorandum No. 472-99

A Resolution Amending Resolution Nos. 94-21126 and Resolution No. 97-22454, Respectively, 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); 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. 5:01 p.m. Public Hearing

Administration Recommendation: Adopt the Resolution.

(Parking Department)

(Scheduled on 6/9/99)

ACTION: Resolution No. 99-23225 adopted as amended. Motion made by Commissioner Cruz; seconded by Vice-Mayor Gottlieb; voice vote: 6-0; absent: Commissioner Liebman..

Amendments:

ZONE ONE: No changes

ZONE TWO: Add 6th Street between Euclid and Jefferson Ave. (Honor residential permits at meters)

ZONE THREE: No changes

ZONE FOUR: No changes

ZONE FIVE: Maintain all flex zones which are the reserved residential spaces at meters. Will honor the residential zone permit at the 7D lot (10th and Collins) until the garage project is initiated.

Vice-Mayor Gottlieb commented on the empty lot on 15th Street and Ocean Drive across from the Villagio and the possibility of using the lot as a temporary or provisional parking lot. Jorge Gomez responded that currently there is a prohibition on stand alone main use parking lots that front on Ocean Drive and that the only mechanism currently in place is for parking as an accessory use. Vice-Mayor Gottlieb requested that a change in zoning to allow for provisional or temporary parking lots be placed on a Commission agenda in September. Christina Cuervo to handle.

HANDOUT: Speaker’s List.

 

R7F Memorandum from Commissioner Simon Cruz

A Resolution Directing the City Administration to Utilize the Sunpost Newspaper for the Advertisement of Public Notices for which the Sunpost Meets All the Legal and Statutory Requirements for the Publication of Such Notices.

Recommendation: Adopt the Resolution.

(Requested by Commissioner Simon Cruz)

ACTION: Discussion held. Resolution not adopted. Commissioner Cruz stated that this is a two-part issue: legal notices and courtesy announcements and requested that the Commission move forward with the courtesy announcements and that the issue of the legal notices be deferred.

At the request of Commissioner Liebman, Commissioner Cruz agreed to defer to the July 7th Commission meeting. Judy Hoanshelt to place on agenda. Also referred to the Community Affairs Committee. Judy Hoanshelt to place on agenda.

R7G Memorandum from Commissioner Jose Smith

A Resolution Granting Conceptual Approval of the Placement of a Question on the City of Miami Beach's November 2, 1999 Special Election Ballot Amending the Designation of the Eleven (11) Contiguous Oceanfront Lots in Altos Del Mar on the FLUM of the City's Comprehensive Plan from their Existing Single-Family Residential (RS) Designation to Recreational Open Space (ROS), with a City Commission Workshop to be Held in Order to Ensure that the Ballot Language is Clear, Objective and Legal, and Providing that the Resolution Calling for the Special Election on this Proposed Ballot Question be Placed on a City Commission Agenda by No Later than its July 21, 1999 Meeting.

Recommendation: Adopt the Resolution.

(Requested by Commissioner Jose Smith)

ACTION: Resolution No. 99-23224 adopted. Motion made by Commissioner Smith; seconded by Vice-Mayor Gottlieb; voice vote; 6-0; absent: Commissioner Liebman.

Mayor Kasdin requested a full presentation of the Elizabeth Plater-Zyberg plan to be scheduled at a September or October Commission meeting. Later in the meeting this request was with drawn.

City Manager to schedule a workshop meeting. Vice-Mayor Gottlieb requested the tape of the workshop meeting sent to her if she is not present.

HANDOUT: Speaker’s List

 

R9 - New Business and Commission Requests

R9A Commission Memorandum No. 473-99

Board and Committee Appointments for the Meeting of June 23, 1999.

(City Clerk's Office)

ACTION: The following appointment announced:

Hispanic Affairs Committee

Jeannette Egozi term expires 12/31/99 Commissioner Shapiro

 

R9B Commission Memorandum No. 482-99

Discussion regarding District Elections; Salary Increases for the Mayor and City Commissioners; and a Strong Mayor Form of Government.

ACTION: Discussion held. Commissioner Smith suggested that a blue ribbon panel of seven citizens be established to review only the issue of salary increases and to recommend an amount to be placed on the November ballot. Commissioner Smith made this motion; seconded by Vice-Mayor Gottlieb. Each Commissioner to make an appointment to the committee. Committee to be established as soon as possible and to conclude by July 21st. Legal Department to handle.

Appointments:

Mayor Kasdin appointed Steve Zack

Vice-Mayor Gottlieb appointed Jo Asmundsson

Commissioner Cruz appointed Marc Jacobson

Commissioner Smith appointed Jerome Libbin

Commissioner Liebman appointed Don Tomlin

Commissioner Dermer appointed Dr. Leonard Haber

 

R9C Discussion regarding Star Island Taxpayers' Association Request of Funding for the Star Island Beautification Project.

(Requested by Mayor Neisen Kasdin)

ACTION: Mr. Mitchell Rubinson, Star Island Homeowners Association, addressed the issue to the Commission. Discussion held. Motion made by Commissioner Cruz to approve funding in the amount of up to $40,000 to complete the Star Island beautification project with the funding to be taken from the Star Island unallocated irrigation line item; seconded by Commissioner Smith; voice vote; 6-0; absent: Commissioner Liebman. Patricia Walker and Kevin Smith to handle.

The Star Island Homeowners’ Association has agreed to maintain the whole project. The Administration to work out the agreement with Star Island Homeowners’ Association regarding the responsibility of the Association during the construction phase and maintenance of the improvements. Kevin Smith to handle.

City Clerk's Note: "Star Island Park" also known as "Bouy Park".

 

R9D Discussion regarding a Request to Grant $20,000 for Midem to help Defray the Cost of Erecting an Outdoor Stage Opposite the Tides Hotel.

(Requested by Commissioner Simon Cruz)

ACTION: Commissioner Cruz presented the item to the Commission and made a motion to approve the grant for $20,000; seconded by Commissioner Shapiro.

Vice-Mayor Gottlieb questioned if the request was presented to the VCA. Discussion continued. The City Manager suggested that Midem again request funding from the VCA and any money received would reduce the amount of funding provided by the City. Commissioner Cruz accepted the amendment. Voice vote: 6-0; absent: Commissioner Liebman. Mayra Diaz Buttacavoli to handle.

 

R9E Discussion regarding a Request from the Various Homeowners' Associations and Civic Groups Involved in the 4th of July 1999 Celebration.

(Requested by Commissioner Jose Smith)

ACTION: Mr. Jerry Libbin, president of the Normandy Shores Homeowners Association, presented the request for funding in the amount of $7,500 and waiver of all permits to the Commission.

Motion was made by Commissioner Dermer to approve the $7,500 request; seconded by Commissioner Smith; voice vote: 6-0; absent: Commissioner Liebman. Patricia Walker to handle.

An after-the-fact clarification of the motion made by Commissioner Dermer was to: approve the $7,500 for out-of-pocket expenses; waive all fees; and provide in-kind services.

Vice-Mayor Gottlieb questioned what is the right source of the funding and stated this is a special event and the request for funding should be directed to the VCA and expressed concern that the funding does not come from the General Fund. Sergio Rodriguez stated for the record that the VCA denied the $10,000 request.

 

End of Regular Agenda

Reports and Informational Items

A Commission Memorandum No. 475-99

Status Report on the Cultural Campus.

(City Manager's Office)

ACTION: Written report submitted.

 

B Commission Memorandum No. 476-99

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

(City Manager's Office)

ACTION: Written report submitted.

 

C Commission Memorandum No. 477-99

Status Report on the Lincoln Road Movieplex.

(City Manager's Office)

ACTION: Written report submitted.

 

D Commission Memorandum No. 478-99

Status Report on the Progress of North Beach Construction.

(Public Works)

ACTION: Written report submitted.

 

E Commission Memorandum No. 479-99

Status Report on the Allison Island Street Improvement Project.

(Public Works)

ACTION: Written report submitted.

F Commission Memorandum No. 480-99

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

(Public Works)

ACTION: Written report submitted.

 

G Commission Memorandum No. 481-99

Status Report on the Nautilus Middle School/Polo Park Project.

(Public Works)

ACTION: Discussion Held.

Mayor Kasdin requested the Legal Department prepare a report, as soon as possible, outlining the City’s legal rights with respect to the contract and access. Murray Dubbin to handle.

City Clerk’s Note: No RDA items

 

Meeting adjourned: 6:56 p.m.