City of Miami Beach - City Commission Meeting

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

July 7, 1999

Mayor Neisen O. Kasdin

Vice-Mayor Martin Shapiro

Commissioner Simon Cruz

Commissioner David Dermer

Commissioner Susan F. Gottlieb

Commissioner Nancy Liebman

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 Proclamations/E-COMB & MBCDC for Arbor Day. (Kasdin) 1

PA2 Presentation by the Mayor's Economic Council/Cert. of Apprec. (Kasdin) 3

PA3 Proclamation for Parks and Recreation Month. 5

PA4 Cert. of Apprec/Police Dept re: 6/29/99 Demonstration. (Kasdin, Cruz, Smith)

C2A BA 54-98/99, Purchase a 3,500 lb Capacity Forklift Truck, $14,842. 7

C2B BA 67-98/99, Armored Car Service, $46,933.64. 9

C7A S-$30,000 from Cultural Arts Council for Cultural Facilities Masterplan. 11

C7B Accept Michael Jaccarino as Member of Personnel Bd/Group I. 15

C7C Appropriating $220,000 for Matching Funds for Loan: Colony Theater. 19

C7D Apply for Funds from Co. CDBG to Implement City Programs of Reg. Impact. 23

C7E Consent to Appointment of Jorge Gomez, Planning Director. 27

C7F Retro. Approval Interlocal Agmt w/County, Guard Srvs/Palm & Hibiscus. 33

C7G 5th Amendment to Police Confiscation Trust Fund, $224,215. 43

C7H Grant Application to MPO, Feasibility Study for Electrowave Facility. 49

C7I Carr Smith Corradino Amendment No. 2/REG Arch. Amendment No. 2. 55

REGULAR AGENDA

R5A 1st Rdg, Amend Ch. 86, Requirements for Garage Sale Permit Requests. 71

R5B 11:00 a.m., 2nd Rdg, Ch. 142, GU Govt Use District, Cultural Ctr. 5/7 75

R5C 10:30 a.m., 2nd Rdg, Amend. Chap. 2, Barrier-Free Environment Comm. 83

R5D 1st Rdg, Amend Ch. 90, Solid Waste/Single Utility Billing. 91

R6A Report on the Community Affairs Committee Meeting of 7/1/99. 99

R7A 2:45 p.m., Amend Lease Agmt w/16th Street Partners LLC. 101

R7B 2:30/2:31 p.m., 2nd Hrg, Lease/Dev. Agmt w/Lincoln Plaza Partners. 109/SM

R7C 11:15 a.m., Greater Miami Convention and Visitors Bureau (GMCVB) Agmt. 125

R7D 4:00 p.m., Adopt City's One-Year Action Plan for Federal Funds. 155

R7E Maintain Section 108 Loan Program Application/No. Beach. 255

R7F Amendment to Booking Policy for Convention Center. 299

R7G Approval of CMB Employees & Retirees for Health/Dental/Life Insurance. 309

R7H 3:45 p.m., Concession Agmt w/Miami Beach Garden Conservancy, Inc. 315

R7I Appropriate $960,961 for Cost of Base Bid Projects - Parks. 337

R7J 2:00 p.m., Revocable Permit to Bernard Mollod, Days Inn-North Beach. 341

R7K 3:00 p.m., Authority to Municipality/Select Fire Safety Code. (Shapiro) 349

R7L 11:45 a.m., Ballot Question re: Pension System for Police/Fire.(Dermer) 355

R9A Board and Committee Appointments. 359

R9B1 1:30 p.m., Dr. Stanley Sutnick Citizens' Forum. 407

R9B2 5:30 p.m., Dr. Stanley Sutnick Citizens' Forum. 407

R9C 4:30 p.m.,Dis:Roadway Reconstruction/Indian Creek Dr,26-37 Sts.(Dermer) 409

R9D Dis: Delete Specific Phase from Towing & Booting Ordinance. (Cruz) 411

R9E 3:30 p.m., Dis: Establish Domestic Violence Intake Unit in MB.(Kasdin) 413

R9F 5:15 p.m., Dis: Scheduled Altos del Mar Workshop. (Kasdin) 423

R9G Status Report on Improvements to the City's Fire Stations. (Dermer) 425

R10A Update on Harris Act Claims. 445

R10B Noon Break, Closed Executive Session re: Collective Bargaining. 453

R10C Noon Break, Closed Executive Session re: K.T.K.L. 455

REPORTS AND INFORMATIONAL ITEMS

A 10:35 a.m., Report on Mayor's Ad Hoc Committee on Schools. 457

B City Attorney's Status Report. 463

C 5:00 p.m., Status Rpt: Ocean Dr. Mitigation Plan/Collins Ave/5-15 Sts. 467

D 11:05 a.m., Sanitation Department Report. 475

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, May 1999. 11

2C Reso: Prepare Lease Amend for Royal Palm Crowne Plaza Hotel Project. 13

2D Status Report on Cobb Project Negotiations. 33

3A Rpt. of Itemized Rev. & Expenditures of RDA, Mo. Ending May 31, 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 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)

(Deferred from 6/23/99)

ACTION: Proclamations presented.

 

PA2 Presentation by the Mayor's Economic Council; and, Certificates of Appreciation to be Presented to the Following Members of the Mayor's Economic Council: Armando Codina, Leonardo Abess, Jr., Pablo Cejas, Victor Diaz, Esq., George Feldenkreis, Bart Goldberg, Marvin Green, Esq., Lydia Harrison, Philip Levine, Karen David, David Nixon, Don Peebles, Mera Rubell, Leonard Wien, Jr., and Joy Malakoff.

(Requested by Mayor Neisen Kasdin)

ACTION: Certificates presented. Christina Cuervo to handle.

HANDOUT: Mayor=s Economic Council, Final Report, Presented to the Miami Beach City Commission on July 7, 1999 by Armando Codina, Chairperson

 

PA3 Proclamation to be Presented by Mayor Neisen Kasdin to the Parks and Recreation Department in Honor of Parks and Recreation Month.

(Parks and Recreation Department)

ACTION: Proclamation presented.

 

PA4 Certificate of Appreciation to be Presented to the Miami Beach Police Department for Their Efforts During the June 29, 1999 Demonstration.

(Requested by Mayor Neisen Kasdin, Commissioners Simon Cruz and Jose Smith)

ACTION: Certificate presented.

 

CONSENT AGENDA

Consent Agenda approved. Motion made by Commissioner Cruz; seconded by Commissioner Smith; voice vote: 6-0; absent: Commissioner Gottlieb.

 

C2 - Competitive Bid Reports

C2A Commission Memorandum No. 487-99

Request for Approval to Award a Purchase Order to Kelly Tractor Company, in the Amount of $14,842, Pursuant to Bid No. 54-98/99 for the Purchase of a 3,500 lb Capacity Forklift Truck. Funding: Fleet Management Budget Account.

Administration Recommendation: Approve the award.

(Fleet Management)

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

 

C2B Commission Memorandum No. 488-99

Request for Approval to Award a Contract to Loomis Fargo & Company in the Estimated Annual Amount of $46,933.64, Pursuant to Bid No. 67-98/99 for Armored Car Service. Funding: Parking Department Budget Accounts and Finance Department Budget Account.

Administration Recommendation: Approve the award.

(Parking Department/Finance Department)

ACTION: Contract approved. Jackie Gonzalez and Patricia Walker to handle.

 

C7 - Resolutions

C7A Commission Memorandum No. 489-99

A Resolution Approving and Appropriating $30,000 from Miami Beach Cultural Arts Council Funds to the Performing Arts Center Trust, Inc. to Engage a Consultant to Conduct a Cultural Facilities Masterplan for Miami Beach.

Administration Recommendation: Adopt the Resolution.

(Arts, Culture and Entertainment)

ACTION: Resolution No. 99-23226 adopted. Ronnie Singer to handle.

Commissioner Liebman questioned why the Bass Museum new auditorium space needs to be included in the Facilities Masterplan and suggested the possible use of the 21st Street Facility (the Little Acorns Theater) or the North Shore Bandshelter Facility (72nd Street) for use by the Bass Museum as an auditorium.

Vice-Mayor Shapiro commented that the seats at the Colony Theater need to be replaced.

 

C7B Commission Memorandum No. 490-99

A Resolution Accepting Michael Jaccarino as a Member of the Personnel Board to Represent Group I Employees. (Fire, Police and Beach Patrol Employees)

Administration Recommendation: Adopt the Resolution.

(City Clerk's Office)

ACTION: Resolution No. 99-23227 adopted. R. Parcher to handle.

 

C7C Commission Memorandum No. 491-99

A Resolution Appropriating $220,000 from the Miami Beach Cultural Arts Council Budget to Provide Matching Funds in the Form of a Non-Interest Bearing Loan to Fund a Portion of the Colony Theater Improvements Estimated to Cost $1,500,000 and Further Authorizing that the City Direct its 70% Revenue Recapture from the Colony Theater Cafe to Be Utilized to Repay the Cultural Arts Council.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 99-23228 adopted. Christina Cuervo and Patricia Walker to handle.

 

C7D Commission Memorandum No. 492-99

A Resolution Authorizing the City Manager, or His Designee, to Apply for Funds from the Miami-Dade County Community Development Block Grant (CDBG) Program to Implement City Programs that Have a Regional Impact, and Authorizing the Appropriation of Funds When Received.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 99-23229 adopted. Christina Cuervo to handle.

 

C7E Commission Memorandum No. 493-99

A Resolution Consenting to the Appointment of Jorge Gomez, as Planning Director for the City of Miami Beach.

Administration Recommendation: Adopt the Resolution.

(Human Resources)

ACTION: Resolution No. 99-23230 adopted. T. C. Adderly to handle.

 

C7F Commission Memorandum No. 494-99

A Resolution Retroactively Approving and Authorizing the Mayor and City Clerk to Execute an Interlocal Agreement between the City and Miami-Dade County, Florida, Securing Off-Duty City of Miami Beach Police Officers to Perform Guard Services for the Palm and Hibiscus Island Security Guard Special Taxing District.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 99-23231 adopted. Chief Barreto to handle.

 

C7G Commission Memorandum No. 495-99

A Resolution Adopting the Fifth Amendment to the Police Confiscation Trust Fund for Fiscal Year 1998/99, in the Amount of $224,215, Funded from the Proceeds of State Confiscated Funds.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 99-23232 adopted. Chief Barreto to handle.

 

C7H Commission Memorandum No. 496-99

A Resolution Authorizing the Administration to Submit a Grant Application to the Metropolitan Planning Organization (MPO), Under the Fiscal Year 1999-2000 Municipal Grant Program, to Perform a Feasibility Study for a Miami Beach Intermodal Center/Electrowave Facility/Future Terminus of an East-West Multimodal Corridor, at a Cost of Approximately $70,000; the Application Deadline Being July 14, 1999; Said Grant to Be Matched by the City at No More than $20,000, Using Funds Proposed for this Purpose in the Fiscal Year 1999-2000 Professional Services Category of the Proposed Public Works Budget; and Further Appropriating the Funds, if Awarded.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Item separated for discussion. Resolution No. 99-23233 adopted. Vice-Mayor Shapiro announced his opposition to the project. Motion made by Commissioner Liebman to adopt the resolution; seconded by Commissioner Smith; voice vote: 5-1; (opposed: Vice-Mayor Shapiro); absent: Commissioner Gottlieb.

Julio Grave de Peralta to handle.

 

C7I Commission Memorandum No. 497-99

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute Amendment No. 2 to the Agreement with Carr Smith Corradino, Dated July 16, 1997, in the Amount of $74,977, for the Provision of Additional Services Not Included in the Original Scope of Work, Including Several Schematic Designs for the Approval of the Scott Rakow Youth Center Ice Rink (at Least 17 Different Schemes and Cost Estimates and a Scale Model for Presentations), Plan Revisions and Redesigns Requested by the Design Review Board to Gain Board Approval for Flamingo Park, Normandy Isle Park, and the Scott Rakow Youth Center; and Additional Costs for Surveying; and Further Approving and Authorizing the Mayor and City Clerk to Execute Amendment No. 2 to the Agreement with REG Architects, Inc., Dated July 16, 1997, in the Amount of $6,512.40, for Additional Services Necessary to Accomplish the Designs and Plans for the Group "A" Parks.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23234 adopted. Julio Grave de Peralta to handle.

End of Consent Agenda

 

REGULAR AGENDA

R5 - Ordinances

R5A Commission Memorandum No. 498-99

An Ordinance Amending Chapter 86 of the Miami Beach City Code, Entitled "Sales", by Amending Article II Entitled "Garage Sales", by Amending Section 86-56(f), to Modify the Requirements for Garage Sale Permit Requests to Provide for Immediate Approval or Denial of Said Requests; Providing for Repealer, Severability, Codification, and an Effective Date. First Reading

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

(Finance Department)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Liebman; seconded by Commissioner Cruz; ballot vote: 5-0; absent: Vice-Mayor Shapiro and Commissioner Gottlieb.

Second reading and public hearing scheduled for July 20th at 4:30 p.m. R. Parcher to publish notice.

Judy Hoanshelt to place on agenda.

 

R5B Commission Memorandum No. 499-99

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. 11:00 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(First Reading 6/23/99)

ACTION: Public hearing opened. Discussion held. Motion made by Commissioner Liebman to adopt the ordinance. No second offered.

Discussion continued. Motion made by Commissioner Liebman to continue the Public Hearing to July 21st at 11:00 a.m.; second by Vice-Mayor Shapiro; voice vote: 4-1; opposed: Commissioner Liebman; absent: Commissioners Dermer and Gottlieb; Commissioner Cruz abstained. Judy Hoanshelt to place on agenda.

Legal Department to address the concerns raised by Mr. Price and Mr. Robbins.

Commissioner Liebman urged the Administration to be flexible with the parking.

Commissioner Dermer request the Administration to determine if there is another way to accomplish this. Jorge Gomez to handle.

Handouts:

1. Commissioner Cruz completed Form 8B Memorandum of Voting Conflict filed with meeting records.

2. Kent Harrison Robbins: Memo from Murray Dubbin and John Dellagloria, dated January 17, 1996, regarding amendments to the GU ordinance.

3. Speakers List

 

R5C Commission Memorandum No. 500-99

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

Administration Recommendation: Adopt the Ordinance.

(Public Works)

(First Reading 6/23/99)

ACTION: Public hearing held. Ordinance No. 99-3195 adopted. Motion made by Commissioner Dermer; seconded by Commissioner Cruz; ballot vote: 6-0; absent: Commissioner Gottlieb. R. Parcher to handle.

 

R5D Commission Memorandum No. 501-99

An Ordinance Amending Miami Beach City Code Chapter 90, Entitled "Solid Waste" by Amending Section 133 Entitled "Single Utility Billing", by Excluding Residential Cooperative Apartment Units from the Definition of Commercial Units Subject to the Sanitation Commercial Impact Fee, Retroactive to September 19, 1998; Providing for Codification and Severability; Repealing All Ordinances in Conflict therewith; and Providing an Effective Date. First Reading

Administration Recommendation: Reject the Ordinance.

(Sanitation Department)

ACTION: Deferred. Judy Hoanshelt to place on July 21 agenda.

 

R6 - Commission Committee Reports

R6A Commission Memorandum No. 519-99

Report on the Community Affairs Committee Meeting of July 1, 1999: 1) Discussion Regarding City's Policy of Placing Plaques in Honor of Individuals; and, 2) 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.

ACTION: Written report submitted.

 

R7 - Resolutions

R7A Commission Memorandum No. 502-99

A Resolution Approving an Amendment to the Lease Agreement Between the City of Miami Beach and 16th Street Partners LLC, and Providing for an Effective Date.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Resolution No. 99-23235 adopted. Motion made by Commissioner Smith; seconded by Commissioner Cruz; voice vote: 5-0; absent: Vice-Mayor Shapiro and Commissioner Gottlieb. Christina Cuervo to handle.

 

R7B Commission Memorandum No. 503-99

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 Lincoln Plaza Partners LLC, for Development of the Site Located at 17th Street and Lincoln Lane and Jefferson and Michigan Avenues, and Approving the Lease Agreement between the City of Miami Beach and Lincoln Plaza 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. (Agreement of Lease and Development Agreement Distributed Under Separate Cover)

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 5/26/99)

ACTION: Public hearings held. Resolution No. 99-23236 adopted.

Motion made by Commissioner Liebman; seconded by Commissioner Smith; voice vote: 6-0; absent: Commissioner Gottlieb. Christina Cuervo to handle.

 

R7C Commission Memorandum No. 486-99

A Resolution Adopting the Findings and Recommendations of the Blue Ribbon Committee on Conventions and Tourism, as Amended in Part by the Administration, and Approving and Authorizing the Mayor and City Clerk to Execute an Agreement with the Greater Miami Convention and Visitors Bureau (GMCVB), for an Initial Term Commencing on October 1, 1999, and Ending on September 30, 2002, and One Two(2) Year Option Term, at the City's Discretion; Further Adopting the Agreement, as Amended, and Authorizing the City Attorney's Office to Incorporate the Administration's Recommendations, as Set Forth in Commission Memorandum No. 486-99.

Administration Recommendation: Defer adoption of the Resolution until September 8, 1999.

(City Manager's Office)

ACTION: Discussion held. Motion made by Commissioner Dermer to defer the item; seconded by Mayor Kasdin. Voice vote on the motion to defer: 2-4 (opposed: Vice-Mayor Shapiro and Commissioners Cruz, Liebman and Smith); absent: Commissioner Gottlieb.

Discussion continued. Commissioner Smith offered an amendment to the contract to provide that in the event the one cent tax passes and the Bureau gets the $5 million, a certain amount of money $500,000-$1 million be set aside for tourism related services.

Commissioner Cruz made a motion to accept the recommendations of the Blue Ribbon Committee; seconded by Commissioner Liebman. No vote taken.

Commissioner Smith asked Mr. Talbert if the penny tax is approved by the voters on July 29 and the Bureau receives $5 million, would the Bureau consider a reduction in the contribution made by the City? Mr. Talbert stated Ayes@ and stated several conditions.

Motion made by Commissioner Cruz to accept the recommendations of the Blue Ribbon Committee with the exception of items 13(incentive), 14(as recommended by the Administration to receive a Aproportionate share@defined as $1 million upon termination or expiration of the Agreement with the Bureau), and 15(reimbursement to the City for the actual annual cost incurred in collecting and auditing resort tax).

At this point in the discussion, Commissioner Dermer urged the Commission to reconsider his earlier motion to defer the item.

The following is added to the motion:

1) That in the event the penny tax is approved by the voters {Miami-Dade County Special Election held on Thursday, July 29th} and the Bureau receives the $5 million from the County, the Bureau will return to the City, on an annual basis, $750,000;

2) The incentive formula is 50% of the VCA=s portion of the increase in resort tax received by the VCA beginning the 2nd year;

3) The existing agreement language regarding Watson Island will remain in effect.

Existing Agreement Language: [Section 2.02 (c): Additionally , the City and the Bureau acknowledge that the Bureau may intend to use public funds for the construction of the Bureau=s proposed headquarters and visitor center (to include a sea plane and helicopter facility), to be located on Watson Island, in the City of Miami, Florida ( the visitors center or the facility). The City agrees to the use of any public funds for this purpose, only to the extent that the Bureau agrees that any City funds used for the visitors center be used solely for that purpose. Accordingly, the Bureau herein warrants, and agrees to memorialize same in any current or future agreement regarding said visitor center, that any change in use of the proposed facility, other than the stated public purpose of a visitor center (which may include the Bureau=s headquarters and administrative offices as well) shall not be made without the prior written consent of the City. In the event the City does not agree to a change in use of the facility, then the Bureau shall, upon notice from the City, immediately remit any City funds (i.e. the City=s proportionate share) that were utilized toward the construction of said facility. Pursuant to this subsection c, the City reserves the right to audit the Bureau to determine the City=s proportionate contribution towards the construction of said facility.]

Motion seconded by Commissioner Liebman Voice Vote: 5-1; opposed: Commissioner Dermer; absent: Commissioner Gottlieb. Resolution No. 99-23237 adopted as amended. Mayra Diaz Buttacavoli to handle.

Handout: Speakers List

R7D Commission Memorandum No. 504-99

A Resolution Adopting the City's One-Year Action Plan for Federal Funds, Based Upon the Administration Recommendations, Which Includes the Fiscal Year 1999/2000 Budgets for the Community Development Block Grant (CDBG) Program; Home Investment Partnerships (HOME) Program; and Emergency Shelter Grants (ESG) Program; Authorizing the City Manager to Make Minor, Non-Substantive Adjustments to the One-Year Action Plan Which May Be Identified During the Finalization and/or Review Process, and Which Do Not Affect the Purpose, Scope, Approved Budget and/or Intent of the Plan; Authorizing the City Manager to Execute All Applicable Documents and Submit the One-Year Action Plan to the U. S. Department of Housing and Urban Development (HUD); and Authorizing the Appropriation of All Federal Funds When Received.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Discussion held. Resolution No. 99-23238 adopted as amended. Motion made by Commissioner Liebman to approve the CDAC recommendations; seconded by Mayor Kasdin with the following amendments: 1) appropriating the unallocated funds of $14,825 to the South Beach Aids Project; 2) reducing the Stanley Myers #44/New Life Health Services by $10,000; and 3) moving the two items ($24,825) to the Food for Life Network; voice vote: 5-0; absent: Vice-Mayor Shapiro and Commissioner Gottlieb. Christina Cuervo to handle.

HANDOUT: Speakers List

 

R7E Commission Memorandum No. 505-99

A Resolution Directing the Administration to Maintain the Section 108 Loan Application Approved Pursuant to Resolution No. 99-23147, to Apply to Public Improvements in the North Beach Target Areas of the City of Miami Beach.

Administration Recommendation: That the City Commission discuss the proposed amendment to Resolution No. 99-23147, as adopted by the City Commission on April 28, 1999, and direct the Administration to maintain the Section 108 loan application at the $4 million amount and applied to North Beach only.

(Community/Economic Development)

ACTION: Resolution No. 99-23239 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Smith; voice vote: 5-0; absent: Vice-Mayor Shapiro and Commissioner Gottlieb.

Commissioner Liebman requested the Administration look for a source of funding for South Beach improvements for the areas not in the redevelopment area. Christina Cuervo to handle.

 

R7F Commission Memorandum No. 506-99

A Resolution Approving an Amendment to the Booking Policy for the Miami Beach Convention Center regarding Date Protection Review Criteria and Total Number of Days for Date Protection.

Administration Recommendation: Adopt the Resolution.

(Convention Center)

ACTION: Resolution No. 99-23240 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Cruz; voice vote: 5-0; absent: Vice-Mayor Shapiro and Commissioner Gottlieb.

 

R7G Commission Memorandum No. 507-99

A Resolution Approving Humana, as the Number-One Ranked Proposer, Pursuant to Request for Proposals (RFP) No. 24-98/99, to Provide Group Medical Insurance for Employees and Retirees; Approving American Dental Plan, as the Number-One Ranked Proposer, Pursuant to RFP No. 24-98/99, to Provide Group Dental Insurance for Employees and Retirees; and Approving Hartford Life as the Number-One Ranked Proposer, Pursuant to RFP No. 24-98/99, to Provide Group Basic/Supplemental Life Insurance and Accidental Death & Dismemberment Insurance for Employees and Retirees.

Administration Recommendation: Adopt the Resolution.

(Labor Relations)

ACTION: Resolution No. 99-23241 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Smith;. voice vote: 5-0; absent: Vice-Mayor Shapiro and Commissioner Gottlieb. Richard Bender to handle.

The Commission requested the Administration investigate the feasibility of self insurance. Richard Bender to handle.

 

R7H Commission Memorandum No. 508-99

A Resolution Authorizing the Mayor and City Clerk to Execute a Concession Agreement between the City of Miami Beach and the Miami Beach Garden Conservancy, Inc. for the Purpose of Providing Volunteer Public Information and Horticultural, Educational and Conservational Services and Supporting the Capital Improvements; Programming; and Building/Grounds Maintenance Needs at the Miami Beach Botanical Garden; for an Initial Term of One (1) Year, with an Option to Renew for up to Five (5) Years, on a Year-to-Year Basis, Under the Terms and Conditions Contained within the Concession Agreement.

Administration Recommendation: Adopt the Resolution.

(Parks and Recreation Department)

ACTION: Resolution No. 99-23242 adopted. Motion made by Commissioner Liebman; seconded by Vice-Mayor Shapiro; voice vote: 5-0; absent: Commissioners Gottlieb and Smith. Kevin Smith to handle.

 

R7I Commission Memorandum No. 509-99

A Resolution Appropriating Funds, in the Amount of $960,961, Generated as Interest Earnings from the $15 Million General Obligation Parks Improvements Bond Program for the Period of October 1997 through January 1999; Said Appropriation Will Fully Fund the Cost of the Base Bid Projects and Budget Estimates Approved by the City Commission on May 20, 1998, which Included the Projected Interest to be Earned.

Administration Recommendation: Adopt the Resolution.

(Parks and Recreation Department)

ACTION: Resolution No. 99-23243 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Cruz; voice vote: 5-0; absent: Vice-Mayor Shapiro and Commissioner Gottlieb. Kevin Smith and Patricia Walker to handle.

 

R7J Commission Memorandum No. 510-99

A Resolution Granting a Revocable Permit to Bernard Mollod, as Owner of the Days Inn-North Beach, Located at 7450 Ocean Terrace, for the Construction of a Portion of a Handicap Access Ramp with Railing within the Adjacent City Right-of-Way; and Further Authorizing the Mayor and City Clerk to Execute a Revocable Permit Agreement. 2:00 p.m. Public Hearing

Administration Recommendation: Adopt the Resolution.

(Public Works)

(Scheduled on 6/23/99)

ACTION: Public hearing held. Resolution No. 99-23244 adopted as amended. Motion made by Commissioner Liebman to accept Administration recommendation AB@; seconded by Commissioner Smith with the request that the owner landscape the area to the satisfaction of Planning Department; voice vote: 6-0; absent: Commissioner Gottlieb. Jorge Gomez and Julio Grave de Peralta to handle.

HANDOUT:

Photo of the Days Inn property.

 

R7K Memorandum from Vice-Mayor Martin Shapiro

A Resolution Directed to Governor Jeb Bush, the Florida Legislature, State Insurance Commissioner Bill Nelson, as State Fire Marshal, and the Miami-Dade County Commission 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.

Recommendation: Adopt the Resolution.

(Requested by Vice-Mayor Martin Shapiro - Deferred from 6/9/99)

ACTION: Resolution No. 99-23245 adopted. Motion made by Vice-Mayor Shapiro; seconded by Commissioner Dermer; voice vote: 6-0; absent: Commissioner Gottlieb

Discussion continued. Fire Marshal White stated that the August 1st deadline would be extended to January 1, 2000 so the City can determine the action/direction of the State.

Vice-Mayor Shapiro stated that he will go to court and seek relief.

HANDOUT:

1. Legal Opinion from Murray Dubbin, dated June 25, 1996, to City Manager Jose Garcia-Pedrosa regarding the Sprinkler Ordinance.

2. Letter from the 5838 Condominium Inc. association (Regency Tower) dated July 7, 1999 addressed to Mayor Kasdin and Commissioners.

 

R7L City Attorney Commission Memorandum No. 518-99

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 Article IX of the City of Miami Beach's Related Special Acts Concerning "Pension System for Disability and Retirement of Members of Police and Fire Departments" by Merging therein Provisions of Miami Beach City Code Chapter 78, Article IV thereof Entitled "Police Officers and Firefighters Supplemental Pension", Deleting Obsolete Language, Deleting Restrictions Concerning Pension Board Investment/Allocation and Substituting therefor the "Prudent Person Rule" to Govern All Plan Investments, Establishing a Deferred Retirement Option Plan, and Providing for an Effective Date.

Recommendation: Adopt the Resolution.

(Requested by Commissioner David Dermer)

ACTION: Discussion held in the morning and afternoon sessions. Resolution No. 99-23246 adopted as amended. Motion made by Commissioner Cruz directing the City Attorney to prepare ballot language which combines the two plans; seconded by Commissioner Dermer; voice vote; 6-0; absent: Commissioner Gottlieb.

Legal Department and Mary Greenwood to work with Mr. Cypen and Mr. Crossland to draft ballot language and present at the July 21st Commission meeting. Legal Department to handle. Judy Hoanshelt to place on agenda.

 

R9 - New Business and Commission Requests

R9A Commission Memorandum No. 512-99

Board and Committee Appointments for the Meeting of July 7, 1999.

(City Clerk's Office)

ACTION: The following appointments were made:

Blue Ribbon Committee to discuss Mayor and Commission Salary

Keith Hartley to replace Jack Hartley Appointed by Commissioner Shapiro

Beach Preservation Committee:

Whyatt Porter Brown term expires 12/31/99 Commissioner Dermer

Fine Arts Board:

Grace Sherman term expires 12/31/99 Commissioner Dermer

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

ACTION: Held in conjunction with R9B(2). The following citizens were heard: 1)Toquil Smith spoke about funding and an arrest report on someone arrested for drinking from an open container on Washington Avenue and court cases being dismissed. (Clerk's Note: Comments were inaudible.) 2) Mike Calhoun requested that Mayor Kasdin, Vice-Mayor Shapiro, and Commissioners Dermer and Smith resign immediately because of the alleged conflict between being a member of both the Judicial Branch and the Legislative Branch of government. 3) Mike Rubin offered two suggestions to the Commission both of which would benefit the City and raise revenue: a) bring in gambling machines; and b) increasing the entertainment industry. 4) Minette Benson expressed concern of the level of service of the City's traffic arteries and questioned how the public is to know which of the 38 hi-rise developments approved by the DRB have gotten a building permit because each project would have to submit a computerized traffic concurrency analysis and questioned if this process is up and working, and if so, how well is the process working. Ms. Benson requested that the Planning Director have a televised demonstration to the public on how the process works. Ms. Benson questioned if the criteria is the same for projects that are of different in size or analyzed on a case-by-case basis and requested that the entire process be made available to the public. 5) Bea Kalstein commented that the public is being informed about concurrency . People who want to build a normal size building are being refused and questioned how many people are aware of the fact that anyone who wants to build a normal building are being turned away and told that there is no concurrency for them because the concurrency is being used by 40 and 50 story buildings. This is an outrage. 6) David Kelsey requested that a proposal be placed on the upcoming ballot to eliminate group designations and simply elect the top vote getters to fill the available seats. If there are 3 seats available take the three top vote getters or otherwise just run them at large. Mr. Kelsey stated that the proposal would allow district elections so that 2 Commissioners would be elected from each of the three communities that make up Miami Beach and that they would be elected from those communities to represent those communities.

HANDOUT: Speakers List

 

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

ACTION: Held in conjunction with R9B(1).

 

R9C Discussion regarding the Proposed Roadway Reconstruction on Indian Creek Drive from 26th Street to 37th Street.

(Requested by Commissioner David Dermer)

ACTION: Discussion held. Resolution No. 99-23247 adopted. Motion made by Commissioner Dermer directing Administration to draft a resolution notifying FDOT not to proceed with this project, not to go out to bid in August and to allow the City to integrate into this plan the "Greenway Project"; seconded by Commissioner Liebman; voice vote: 5-0; absent: Vice-Mayor Shapiro and Commissioner Gottlieb. Commissioner Cruz requested that Commissioner Dermer act as liaison to the project. Julio Grave de Peralta to handle.

 

R9D Discussion to Delete a Specific Phrase from the Towing and Booting Ordinance.

(Requested by Commissioner Simon Cruz)

ACTION: Administration to draft an ordinance reflecting the requested amendment to the existing ordinance deleting or rewording the following City Code Section: City Code Section 106-269 (c)(c) A.....The maximum fee for the removal of the immobilization device shall be effective from the date of adoption of the ordinance from which this section is derived, or until such time as the county has enacted an ordinance establishing the maximum fee to be charged by immobilization contractors.@

Revised ordinance to place the item on the July 21st Commission agenda. Judy Hoanshelt to place on agenda. Jackie Gonzalez to handle.

 

R9E Discussion on the Establishment of a Domestic Violence Intake Unit in Miami Beach.

(Requested by Mayor Neisen Kasdin)

ACTION: Discussion held. Commissioner Smith suggested that the budget and needed funding to establish the unit be discussed with Mr. Harvey Ruvin, County Clerk.

Resolution No. 99-23246 adopted. Motion made by Commissioner Cruz to draft a resolution requesting Miami-Dade County to fund at lease a one person to staff the in-take unit in Miami Beach; seconded by Commissioner Smith; voice vote: 6-0; absent: Commissioner Gottlieb. Chief Barreto to handle.

Commissioner Smith to talk with Mr. Ruvin about funding at least one position.

 

R9F Discussion regarding the Scheduled Altos del Mar Workshop.

(Requested by Mayor Neisen Kasdin)

ACTION: Discussion held. Mayor Kasdin requested that the item not be heard at the July 14th Commission workshop but that the issue can be heard at the July 20th Special Commission meeting. Ballot referendum on the Altos del Mar issue not needed. It was expressed that there seems to be consensus on Commission to designate 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) via a Comprehensive Plan amendment. Janet Gavarrete to handle.

Donald Shockey, representing North Beach Development Corp., stated that NBDC is in support of the designation of the 11 contiguous lots as recreational open space and in so doing presented the following requests to the Commission: 1) that funding be identified to improve and operate the 11 lots as a park and as an asset to the community ; 2) that further investigation be given to the existing historic structures for some clearly identified public use perhaps as an interpretative center; 3) that the City take whatever steps are necessary to enable the State to move forward with selling the 11 non-contiguous lots; 4) that the City move forward with capital improvements plans for the other 2 blocks consisting of the 11 non-contiguous lots plus the 13 privately owned single-family lots.; and 5) that the various elements of the gateway plan be fine tuned and to move forward as soon as possible.

Motion made by Commissioner Smith to not schedule the Altos Del Mar issue for the Commission workshop meeting; to include the issue in the Comp Plan ordinances scheduled for July 20th Special Commission meeting; seconded by Commissioner Cruz; voice vote: 4-0; absent: Vice-Mayor Shapiro and Commissioners Gottlieb and Liebman. Janet Gavarrete to follow-up.

 

R9G Memorandum from Commissioner David Dermer

1. Commission Memorandum No. 513-99

Status Report on Improvements to Fire Stations.

(Requested by Commissioner David Dermer)

ACTION: Item discussed with item R7D. Commissioner Dermer recommended that a comprehensive list of all improvements to the fire stations be created and that a Fire Department improvement GO bond be presented to the voters. This item will be discussed in detail at the CIP workshop scheduled for Wednesday, July 14. Chief Jordan, Janet Gavarrete, and Patricia Walker to handle.

 

R10 - City Attorney Reports

R10A City Attorney Commission Memorandum No. 514-99

Update on Harris Act Claims.

(City Attorney's Office)

ACTION: Written report submitted.

 

R10B Notice of Closed Executive Session.

Pursuant to Section 447.605, Florida Statutes, a Closed Executive Session will be held during lunch recess in the City Manager's large conference room, Fourth Floor, City Hall, for discussions relative to collective bargaining.

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 Manager Sergio Rodriguez, Chief Deputy City Attorney Donald Papy, the Executive Assistant to the City Manager Richard Bender, Assistant for Labor Relations Mary Greenwood, and Special Counsel Jim Crosland.

ACTION: Executive Session announced and held. Mayor Kasdin and Commissioner Gottlieb were absent.

R10C Notice of Closed Executive Session.

Pursuant to Section 286.011, Florida Statutes, a Closed Executive Session will be held during lunch recess in the City Manager's large conference room, Fourth Floor, City Hall, to discuss 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 Manager Sergio Rodriguez, Chief Deputy City Attorney Donald Papy, Deputy City Attorney Robert Dixon and Assistant City Manager Christina Cuervo.

ACTION: Executive Session announced and held. Commissioner Gottlieb was absent.

 

End of Regular Agenda

Reports and Informational Items

A Commission Memorandum No. 515-99

Report on Mayor's Ad Hoc Committee on Schools.

(Children's Affairs)

ACTION: Report presented by Assistant City Manager Christina Cuervo.

Biscayne Elementary Community School

Option A approved. Motion made by Commissioner Smith; seconded by Vice-Mayor Shapiro; voice vote: 4-0; absent: Commissioners Cruz, Dermer and Gottlieb. Option A calls for the construction of the Primary Leaning Center (PLC) south of the existing interior basketball courts with parking placed on the south side of the PLC along the canal and would stretch west from the existing parking lot to the greenspace jointly owned by the City and Dade County School Board.

North Beach Elementary

Discussion held. Motion made by Commissioner Smith to maintain the tennis courts; relocate the 40 parking spaces into the 42nd Street Garage and offer parking incentives to the school board at the lowest rate acceptable by the bond criteria; seconded and amended by Commissioner Liebman who requested the Commission, as a whole, address this issue directly with School Board at their July 14th meeting. Amendment was accepted. Voice vote: 6-0; absent: Commissioner Gottlieb. Christina Cuervo to handle.

Report back at the July 21st Commission meeting. Judy Hoanshelt to place on agenda.

HANDOUT:

1. 2 separate letters from the Residents of the 41st Street Community, dated July 6th and July 7th, 1999, addressed to the Mayor and Commissioners.

2. Speakers List

 

B City Attorney Commission Memorandum No. 516-99

City Attorney's Status Report.

(City Attorney's Office)

ACTION: Written report submitted.

 

C. Commission Memorandum No. 517-99

Status Report on the Ocean Drive Mitigation Plan/Collins Avenue Plan - 5th to 15th Streets.

(Public Works)

ACTION: Discussion held.

Neil Fritz, Chairman of the Transportation and Parking Committee, addressed the Commission on five points which were discussed at a June meeting:1) Work within the existing time requirement and existing development agreements to improve this plan; 2) Immediately pursue the TCMA as an objective of the municipal mobility plan; 3) The community needs to meet with the FDOT to review the plan and have discussions on Collins Ave and 15th Street.; 4) Some management solutions which might help to provide flexibility for the mitigation plan; and 5) Requested that future mitigation plans be referred to the committee.

Motion made by Nancy Liebman to approve the Ocean Drive mitigation plan and directing the Administration to pursue the establishment of the TCMA, whether it can or cannot supersede the mitigation plan; second by Commissioner Cruz; voice vote: 5-0; absent: Vice-Mayor Shapiro and Commissioner Gottlieb.

Motion made by Commissioner Liebman to put together the Collins Avenue/15th Street with the Ocean Drive people with DOT for a full discussion; seconded by Commissioner Cruz; voice vote: 5-0; absent: Vice-Mayor Shapiro and Commissioner Gottlieb.

Motion made by Commissioner Liebman to investigate management solutions which might improve flexibility for mitigation plans and also to include developer's conceptual mitigation plan either buying into a plan or a separate solution allowing the mitigation plan to become a more public item and not an "after-the-fact" rubber stamp and refer mitigation plans to the Planning Board for review; seconded by Commissioner Cruz; voice vote: 5-0; absent: Vice-Mayor Shapiro and Commissioner Gottlieb.

Julio Grave de Peralta to handle.

 

D Commission Memorandum No. 511-99

Sanitation Department Report.

(Sanitation Department)

ACTION: Verbal report presented by Assistant City Manager Matthew Schwartz outlining three options to the City: 1) Retain four haulers, 2) Open the fifth slot and negotiate with Onyx, or 3) Open the Fifth slot and issue an RFP or RFQ.

Administration to analyze the three (3) options and report back with a recommendation based on the one which generates the most revenue.

Onyx raised an issue of competition and legal issues. Mayor Kasdin requested the City Attorney to take an active role in the process.

 

Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

July 7, 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 Memorandum No. 99-35

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 Anchor shops windows are a mistake by the contractors. She requested a cost to place the windows and to make it a part of the settlement. Schedule for July 21. Judy Hoanshelt to place on agenda.

 

B. Redevelopment Agency Memorandum No. 99-36

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

ACTION: Written report submitted.

 

C Redevelopment Agency Memorandum No. 99-37

A Resolution Directing the Administration to Prepare an Amendment to the Agreement of Lease between the Miami Beach Redevelopment Agency and RDP Royal Palm Limited Partnership Incorporating the Provisions Outlined in the Redevelopment Agency Memorandum Presented herewith; and Providing an Effective Date.

ACTION: Report presented by Assistant City Manager Christina Cuervo. Discussion held. Resolution not adopted. Item deferred to the July 21st meeting. Motion made by Commissioner Dermer; seconded by Vice-Mayor Shapiro; voice vote: 5 -0; absent: Commissioners Gottlieb and Smith.

Handout: Commissioner Smith filed Form 8B

 

D Redevelopment Agency Memorandum No. 99-38

Status Report on the Cobb Project Negotiations.

ACTION: Report presented.

Commissioner Liebman stated that the property has become an eye sore to the neighborhood.

Mayor Kasdin expressed dissatisfaction with the project. It=s been one delay after another. Mayor Kasdin believes they are in default of the agreement. Administration and the Legal Department to take a stern look at the City=s legal rights.

Commissioner Liebman asked that any changes in the project come to the Commission for review.

3. NEW BUSINESS

A. Redevelopment Agency Memorandum No. 99-40

Report of the Itemized Revenues and Expenditures of the Miami Beach Redevelopment Agency for the Month Ended May 31, 1999.

(Distributed Under Separate Cover)

ACTION: Written report submitted.

End of Agenda

The Commission meeting adjourned at 10:33 p.m.