City of Miami Beach - City Commission Meeting
Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
July 12, 2000

 

 

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

AFTERACTION

CONSENT AGENDA

PA1 Cert. Of Apprec/Brad Judd, Stacy Kilroy & Bruce Lamberto, Toby Award. 1

PA2 Cert. Of Apprec/Robin Garber "At Your Service Award" for July.

PA3 Cert. Of Apprec/Antoineta Stohl "At Your Service Award", for August.

PA4 Cert. Of Apprec/Orlando Velazquez, Holiday Inn, Quality & Service.

PA5 Cert. Of Apprec/WAMI TV, 2-Year Anniversary on Miami Beach. 3

PA6 D-Cert. Of Apprec/Lawrence Small, Diver, Sewer Main Break. 5

C4A Ref: Fin. & CW Proj. Comm./Energy Conservation Contract. 7

C4B Ref: Community Affairs Comm./Request to Honor Marvin Green. 9

C4C Ref: Fin. & CW Proj. Comm./Parks & Rec. Rental Facilities/Fee Waivers. 11

C4D Ref: Planning Board/Prohibit Advertisements on Vehicles, Watercraft. 13

C7A S-Grant Application, Restore Flagler Monument. 19

C7B Execute Agmt., Restore Lichtenstein Sculpture, $20,880. 27

C7C Extend Lease Agmt. w/ Concert Association of Florida. 33

C7D Submit Grant Application to NEA, Treatment of "Venus & Adonis" Painting. 37

C7E Execute Agmt. w/ State Elevator Safety Code, Inspections. 41

C7F Execute Amendment #2, A/E Svcs., Bayshore Golf Course, $57,750. 49

C7G S-Appropriate $188,500, Relocate Parking Department. 57

C7H Accept Funds from U.S. Dept. Of Justice, ACops More 98" Grant Program. 61

C7I Execute Agmt. w/ M.C. Harry & Assoc., Restore Hist. Bldg., Fire Stat#4. 63

C7J Approve Final Payment, to N. Shore Community Area, $100,668. 107

C7K S-Appropriate Funds, Mid-Beach Traffic Calming, $470,000. 121

C7L Submit Grant Application to MPO, Long-Range Electrowave Plan. 125

REGULAR AGENDA

R2A 2:15 p.m., Issue PO, Telecommunication & Cabling Switch, $3,000,000. 129

R5A Provide Modular License Fees, Dance Halls/Entertainment Establishments. 131

R5B 3:15 p.m., Increase Sanitary Sewer & Water Supply Service Charge. 137

R5C 3:35 p.m., Amend Ord. 789, Classified Employees Salary, Group VI. 145

R5D 3:40 p.m., Amend Ord. 1605, Unclassified Employees Salary. 151

R5E 11:15 a.m., 2nd Rdg, Open/Cont.Covenants in Lieu of Unity of Title.5/7 161

R5F 11:30 a.m., 2nd Rdg, Equitable Estoppel. 5/7 175

R5G 3:30 p.m., 2nd Rdg, Emergency Demolition Orders. 5/7 181

R5H 2:00 p.m., 2nd Rdg, Environmental Protection/Greenways. 5/7 187

R5I 2:01 p.m., 2nd Rdg, Transportation Concurrency Mgmt Areas. 5/7 195

R5J 2:02 p.m., 2nd Rdg, Hotels as Permitted Uses in RM-1/CD-2, RM-1. 5/7 217

R5K 2:30 p.m., Only Rdg, Rezone 1733 Michigan Ave, Future Land Use Map.5/7 227

R5L 4:45 p.m., Modifications to the Historic Preservation Board. 5/7 241

R5M 5:00 p.m., Temp. 90 Day Moratorium, Pay Telephone Permits. 5/7 279

R5N 10:15 a.m., Retirement System for General Employee Pension. (Garcia) 285

R5O Amend Chapter 70-Prohibit Graffiti on Public & Private Prop.(Liebman) 289

R6A 9:45 a.m., Report: Finance & Citywide Projects Comm. Mtg of 6/6/00. 301

R6B 9:45 a.m., Verbal Report: Fin.& Citywide Projects Comm. Mtg of 7/6/00. 303

R7A 4:15 p.m., Adopt Rules & Regulations to Concession Operations. 305

R7B 10:45 a.m., Execute Lease Agmt. w/ JCC, 4221-4229 Pinetree Dr. 5/7 347

R7C 10:45 a.m., Canvassing Board, CMB 9/5/00 Special Elections. 413

R7D 10:45 a.m., Call for Special Election on 9/5/00. 415

R7E 11:45 a.m., Adopt City's 1-Year Action Plan, Federal Funds. 425

R7F Joint, Ratify Agmt. #6, w/Kimley Horn, S. Pointe Strscape Improv. 529

R7G 10:30 a.m., After-the-Fact Revocable Permit, 7747 Atlantic Way. 537

R7H 2:45 p.m., Negotiate w/ Humana, Group Med. Ins. for Employees/Retirees. 543

R7I D-Approve Employment Agreement Between CMB & Jorge Gonzalez. 547

R7J 3:00 p.m., Open/Cont. Approve Settlement Agreement w/ Ritz Plaza Hotel. 551

R9A 4:00 p.m., Board & Committee Appointments. 591

R9B1 1:30 p.m., Dr. Stanley Sutnick Citizens' Forum. 639

R9B2 5:30 p.m., Dr. Stanley Sutnick Citizens' Forum. 639

R9C 9:30 a.m., Disc. Community Affairs Comm. Mtg Rpt of 5/24/00.(Garcia) 641

R9D 5:15 p.m., Disc. Sunset Harbour Neighborhood. (Liebman) 645

R9E Disc. Procurement Dept.'s Process of Providing Notices. (Garcia) 667

R9F W-Disc. Power Outages & Report from FP&L. (Kasdin) 669

R9G 1:50 p.m., Disc. 200% Increase in Windstorm Insurance. (Dermer) 707

R9H 11:00 a.m., Disc. Use of Electrowave Shuttle from Hyde Park. (Bower) 709

R9I Disc. Funding Calendar & Renovation Plans, MDC Public Schools. (Bower) 711

R10 - CITY ATTORNEY REPORTS

R10A Noon Break, Exec. Session: Robert & Rita Swedroe vs. CMB. 715

R10B Noon Break, Exec. Session: RDA vs. Pedro & Ana Rodriguez. 717

REPORTS AND INFORMATIONAL ITEMS

A City Attorney's Status Report. 719

B Parking Status Report. 723

C Report Regarding DemandStar.com. 739

D Public Hearing Before the Planning Board for July. 755

E Report on 1999 $92 Million GO Bond Program Projects. 759

REDEVELOPMENT AGENCY ITEMS - 10:00 A.M.

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

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

3A Report of Itemized Rev. & Expend. of RDA, Months Ending May 2000. 17

3B Joint, Agmt, RDA & Kimley Horn, S. Pointe Strscape Improv. Phase I. 19

Call to Order - 9:24 a.m.

Inspirational Message and Pledge of Allegiance - Rabbi Solomon Schiff

Requests for Additions, Withdrawals, and Deferrals

PA - Presentations and Awards

 

PA1 Certificate of Appreciations to be Presented to Brad Judd, Stacy Kilroy and Bruce Lamberto in Recognition of Property Management Receiving the Southern Regional Toby Award and a Plaque to be Presented to Brad Judd, on behalf of the Property Management Department for Winning the BOMA International TOBY Award for Historic City Hall.

(Requested by Vice-Mayor Nancy Liebman)

(Deferred from June 28, 2000)

ACTION: Certificate and plaque presented.

 

PA2 Certificate of Appreciation to be Presented to Robin Garber, Public Works Department, for Receiving the "At Your Service Award" for the Month of July.

(Public Works)

ACTION: Certificate presented.

 

PA3 Certificate of Appreciation to be Presented to Antoineta Stohl, Planning Department for Receiving the "At Your Service Award" for the Month of August.

(City Manager's Office)

ACTION: Certificate presented.

 

PA4 Certificate of Appreciation to be Presented to Orlando Velazquez, General Manager of the Holiday Inn.

(Deferred from June 28, 2000)

ACTION: Certificate presented.

 

PA5 Certificate of Appreciation to be Presented to WAMI Television in Celebration of their 2-Year Anniversary on Miami Beach.

(Requested by Commissioner David Dermer)

ACTION: Certificate presented.

 

PA6 Certificate of Appreciation to be Presented to Lawrence Small.

(Requested by Commissioner David Dermer)

ACTION: Deferred.

CONSENT AGENDA

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

C4 - Commission Committee Assignments

C4A Commission Memorandum No. 519-00

Referral to the Finance and Citywide Projects Committee - An Energy Conservation, Performance Based Contract with Johnson Controls Inc. For the Replacement of the Two, 250 Ton Centrifugal Chillers in the Police Department Building.

Administration Recommendation: Refer the matter.

(Property Management)

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

 

C4B Referral to the Community Affairs Committee - Request from North Beach Development Corporation to Honor Marvin Green.

Administration Recommendation: Refer the matter.

(Requested by Mayor Neisen Kasdin)

ACTION: Referred. Judy Hoanshelt to place on committee agenda.

 

C4C Commission Memorandum No. 520-00

Referral to the Finance and Citywide Projects Committee - Discussion of Parks and Recreation Department Rental Facilities and Recreation Programs Fee Waivers.

Administration Recommendation: Refer the matter.

(Parks and Recreation)

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

 

C4D Commission Memorandum No. 521-00

Referral to the Planning Board - Ordinance Prohibiting Advertisements on Vehicles and Watercraft.

Administration Recommendation: Refer the matter.

(Requested by Vice-Mayor Nancy Liebman)

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

 

C7 - Resolutions

9:38 a.m.

C7A Commission Memorandum No. 522-00

A Resolution Approving and Authorizing the City Manager, or His Designee, on Behalf of the City's Planning Department and the Art in Public Places Committee, to Submit Applications to "Save Outdoor Sculptures" (SOS), for Both an Assessment Award and a Conservation Treatment Award, for the Restoration and Conservation of the Flagler Monument; Accepting the Grant(s), If Awarded; and Appropriating the Awarded Funds in Compliance with the Terms of the Grant.

Administration Recommendation: Adopt the Resolution.

(Arts, Culture and Entertainment)

ACTION: Resolution No. 2000-23982 adopted. James Quinlan to handle.

Vice-Mayor Liebman encourages the Administration to look for permanent funding, as a line item in the budget, for restoration of historic monuments. Brad Judd and Patricia Walker to handle.

 

C7B Commission Memorandum No. 523-00

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute an Agreement with O. Haligon Fine Art Studio, Inc., to Repair and Restore the Roy Lichtenstein Sculpture, Entitled "Mermaid", in an Amount Not to Exceed $20,880, with an Additional Annual Maintenance Fee of $1,400, to Be Funded by the Theatre of the Performing Arts Operating Account.

Administration Recommendation: Adopt the Resolution

(Arts, Culture and Entertainment)

ACTION: Resolution No. 2000-23983 adopted. James Quinlan to handle.

 

C7C Commission Memorandum No. 524-00

A Resolution Authorizing the Administration to Initiate Negotiations to Extend the Current Lease Agreement with the Concert Association of Florida until Such Time as a Request for Proposals Is Finalized, Issued, and Awarded for the Future Management and Operation of the Colony Theatre, Located at 1040 Lincoln Road, Miami Beach, Florida.

Administration Recommendation: Adopt the Resolution.

(Asset Management)

ACTION: Resolution No. 2000-23984 adopted. Joe Damien to handle.

 

C7D Commission Memorandum No. 525-00

A Resolution Authorizing the Administration and/or the Director of the Bass Museum of Art to Submit an Application to the National Endowment for the Arts (NEA) Grants to Organizations Grant Program, for a Total of $20,991; $10,495 of Which is the Grant Amount Requested and $10,496 of Which is a Cash Match by the City, to Fund the Conservator Examination and Treatment of the Painting Venus and Adonis by Ferdinand Bol in the Bass Museum Permanent Collection; and Appropriating Said Grant Funds, If Awarded.

Administration Recommendation: Adopt the Resolution.

(Bass Museum)

ACTION: Resolution No. 2000-23985 adopted. Mayra Diaz Buttacavoli to handle.

 

C7E Commission Memorandum No. 526-00

A Resolution Authorizing the Mayor and the City Clerk to Execute, on Behalf of the City, an Agreement with the State of Florida, Department of Business Regulations, Division of Hotels and Restaurants, Delegating to the City of Miami Beach the Authority under Chapter 399, Florida Statutes, to Issue Construction Permits, Temporary Operation Permits, and Certificates of Operation, Provide Inspection of Elevators, and Enforce the Elevator Safety Code Within the City of Miami Beach for All Elevators, Except for Elevators Owned by Miami-Dade County.

Administration Recommendation: Adopt the Resolution.

(Building Department)

ACTION: Resolution No. 2000-23986 adopted. Phil Azan to handle.

 

C7F Commission Memorandum No. 527-00

A Resolution Approving Amendment No. 2 to the Professional Services Agreement with REG Architects, Inc., for the Phase II Redesign and/or Renovations of the Bayshore and Normandy Shores Golf Course Clubhouses and Related Facilities (Specifically, the Bayshore Golf Course Equipment Maintenance Building and Yard); Appropriating Architectural/Engineering Fees, in the Amount of $55,250 (Based on an Estimated Construction Budget of $650,000), and an Amount Not to Exceed $2,500 for Reinbursable Expenses and Surveys, for a Total Amendment of $57,750; with Funding Available from the Unappropriated General Fund Balance, to be Reimbursed from the City of Gulf Breeze, Florida, Local Loan Program.

Administration Recommendation: Adopt the Resolution.

(Parks and Recreation)

ACTION: Resolution No. 2000-23987 adopted. Mayra Diaz Buttacavoli to handle.

 

C7G Commission Memorandum No. 528-00

A Resolution Appropriating $188,500 from the Parking Fund 480 Retained Earnings Account and Authorizing the Establishment of a Work Order for the Renovation of Office Space in Historic Old City Hall for the Relocation of the Administrative Division and Support Services of the Parking Department to Historic Old City Hall, and the Relocation of the Parking Enforcement Division to Newly Constructed Office Space at the 42nd Street Municipal Garage.

Administration Recommendation: Adopt the Resolution.

(Parking Department)

ACTION: Resolution No. 2000-23988 adopted. Patricia Walker and Brad Judd to handle.

 

C7H Commission Memorandum No. 529-00

A Resolution Authorizing the Acceptance of $190,173.00 in Supplemental Grant Funds, from the United States Department of Justice, "Cops More 98" Grant Program.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 2000-23989 adopted. Chief Barreto to handle.

 

C7I Commission Memorandum No. 530-00

A Resolution Authorizing the Mayor and City Clerk to Execute a Professional Services Agreement with the Firm of M.C. Harry and Associates, Inc., in the Amount of $165,636, for Architectural and Engineering Services for the Rehabilitation of the Historic Building and an Addition to Fire Station No. 4.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 2000-23990 adopted. Matthew Schwartz to handle.

 

C7J Commission Memorandum No. 531-00

A Resolution Approving Issuance of Final Payment for S. I. Nicholas, Inc., in the Amount of $100,668, for the North Shore Community Area Improvements.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 2000-23991 adopted. Matthew Schwartz to handle.

 

9:40

C7K Commission Memorandum No. 532-00

A Resolution Appropriating Funds, in the Amount of $470,000 From Mid-Beach Quality of Life Funds for the Traffic Calming Islands Landscaping Project on Pine Tree Drive and La Gorce Drive, Between 51st Street and 62nd Street.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 2000-23992 adopted with the understanding that, the Administration and Legal Department confirm that using Quality of Life funds for this project is legal. Matthew Schwartz to handle.

Commissioner Cruz stated that since the Pinetree and La Gorce Homeowners Associations have been involved for many years, their input should be considered.

Mayor Kasdin stated that large shade trees should be considered since there is needed for traffic calming measures and it also enhances the streetscape.

Vice-Mayor Liebman pointed out that a legal interpretation is needed to determine whether Miami-Dade County funds can be used because the work is not landscaping, but a traffic calming project.

Commissioner Barreiro stated that the County changed the Impact Fee usage so that street paving of local roads can be funded and this will free up some City money to possibly be used to landscape.

HANDOUT:

1. Fax from Mike Thompson to Bob Parcher, dated July 12, 2000, RE: Is the use of Quality of Life Funds legal.

 

C7L Commission Memorandum No. 533-00

A Resolution Authorizing the Administration to Submit a Grant Application to the Metropolitan Planning Organization, Under Year 2001 Municipal Grant Program, for the Development of a Long-Range Plan for the Electrowave Shuttle Service, in an Amount not to Exceed $40,000; and Further Acknowledging that the Required Twenty Percent (20%) Minimum Local Match will be Provided by the Miami Beach Parking Enterprise Fund, if the Grant is Awarded.

Administration Recommendation: Adopt the Resolution.

(Transportation and Concurrency)

ACTION: Resolution No. 2000-23993 adopted. Matthew Schwartz to handle.

 

End of Consent Agenda

 

REGULAR AGENDA

 

R2 - Competitive Bid Reports

3:58

R2A Commission Memorandum No. 534-00

Request Authorization to Issue a Purchase Order for the Purchase of Telecommunications Switch and Telecommunications Infrastructure Upgrades at the Miami Beach Convention Center to the State of Florida Department of Management Services in the Not to Exceed Amount of $3,000,000.

Administration Recommendation: Authorize the Issuance of a Purchase Order.

(Convention Center)

ACTION: Award authorized. Motion made by Vice Mayor Liebman; seconded by Commissioner Bower; Voice vote: 6-0. Absent: Commissioner Smith. Mayra Diaz Buttacavoli to handle.

 

R5 - Ordinances

7:20

R5A Commission Memorandum No. 535-00

An Ordinance Amending Miami Beach City Code Chapter 102, Entitled "Taxation", by Amending Article V Entitled "Occupational License Tax", by Amending Section 102-379 Thereof, Entitled "Schedule of Taxes", to Provide Modular License Fees With Regard to Alcoholic Beverage Establishments and Dance Hall/Entertainment Establishments; Providing for Repealer, Severability, Codification, and an Effective Date. First Reading

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

(City Manager's Office)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Bower; seconded by Vice-Mayor Liebman; Ballot vote: 5-0; Absent: Commissioners Smith and Garcia. Second reading and public hearing scheduled for July 26, 2000 at 10:30 am. R. Parcher to notice. Judy Hoanshelt to place on the agenda.

 

4:37 pm

R5B Commission Memorandum No. 536-00

An Ordinance Amending Chapter 110 of the City of Miami Beach City Code Entitled "Utilities," Amending Article IV, Entitled "Fees, Charges, Rates, and Billing Procedures Division 2. Rates, Fees and Charges," to Increase the Water Supply Service Charge Imposed by the City; Adjusting the Schedule of Rates for the Minimum Monthly Water Service Charge; and Increasing the Sanitary Sewer Service Charge Imposed by the City; Providing for Codification, Repealer, Severability, and an Effective Date. First Reading

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

(Finance Department)

ACTION: Ordinance approved on first reading. Motion made by Vice-Mayor Liebman; seconded by Commissioner Cruz; Ballot vote: 4-2; opposed: Commissioners Dermer and Garcia; Absent: Commissioner Smith. Second reading and public hearing scheduled for July 26 at 10:45 p.m. R. Parcher to notice. Judy Hoanshelt to place on the agenda. Patricia Walker to handle.

Mayor Kasdin stated that some form of advertising needs to be done to notify the public of the rate increased.

Commissioner Cruz suggested that several months before the increase goes into effect to advertise and explain the benefits of the rate increase in the water bills.

Commissioner Dermer stated that he is voting "no" because he has an alternative plan. Dissolve the RDA. The City would begin to receive the tax money in the General Fund. Fund the proposed increase via the money added to the General Fund.

Commissioner Cruz stated that for the second reading explain the rate increase in more detail.

 

7:21 pm

R5C Commission Memorandum No. 537-00

An Ordinance Amending Ordinance No. 789, the Classified Salary Ordinance; Increasing by 11% as of July 31, 2000, the Minimum of the Salary Range for Classifications Represented by Each Classification in Group VI, Being Other Classifications in the Classified Service not Covered by a Bargaining Unit. 3:35 p.m. Public Hearing, Second Reading

Administration Recommendation: Adopt the Ordinance.

(Human Resources)

(First Reading on June 28, 2000)

ACTION: Public Hearing held. Ordinance No. 2000-3251 adopted. Motion made by Vice- Mayor Liebman; seconded by Commissioner Bower; Ballot vote: 5-0; Absent: Commissioners Smith and Garcia. TC Adderly to handle.

 

7:24 pm

R5D Commission Memorandum No. 538-00

An Ordinance Amending Ordinance No. 1605, the Unclassified Employees Salary Ordinance, by Establishing the Classifications of Account Manager - Finance, Capital Improvement Administrator - Finance, District Project Manager and Public Information Specialist; and Increasing by 11% as of July 31, 2000, the Minimum Salary of Each Classification in the Unclassified Salary Ordinance. 3:40 p.m. Public Hearing, Second Reading

Administration Recommendation: Adopt the Ordinance. (Human Resources)

(First Reading on June 28, 2000)

ACTION: Public Hearing held. Ordinance No. 2000-3252 adopted. Motion made by Commissioner Bower ; seconded by Vice-Mayor Liebman; Ballot vote: 5-0; Absent: Commissioners Smith and Garcia. TC Adderly to handle.

 

3:20

R5E Commission Memorandum No. 539-00

Ordinance - Covenants in Lieu of Unity of Title

An Ordinance Clarifying the Requirement of a Unity of Title for Certain Developments; Authorizing the Planning Director to Accept Covenants in Lieu of Unity of Title, in a Form Acceptable to the City Attorney; Specifying the Provisions of Such a Covenant, Subject to Waiver by the Planning Director if Not Applicable to the Subject Property; Providing for an Easement and Operating Agreement; Providing for Waiver of Nonuse Variances Created Solely by Different Ownerships in the Parcel Subject to the Covenant; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Providing for Repealer, Severability and an Effective Date. 11:15 a.m. Public Hearing Second Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

ACTION: Public Hearing opened and Continued to the first meeting to be held in October. Motion made by Bower; seconded by Vice-Mayor Liebman. Voice vote: 6-0. Absent: Commissioner Smith.

 

3:22

R5F Commission Memorandum No. 540-00

Ordinance - Equitable Estoppel

An Ordinance Amending the Land Development Regulations of the Code of the City of Miami Beach, by Amending Chapter 118, Article III, Entitled "Amendment Procedures", by Amending Section 118-169 to Clarify and Expand the Requirements for Equitable Estoppel by Adding Certificate of Appropriateness to the List of Development Approvals that Qualify for Equitable Estoppel; Providing for Inclusion in the City Code; Providing for Repealer, Severability and an Effective Date. 11:30 a.m., Public Hearing Second Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(First Reading June 7, 2000)

ACTION: Public Hearing held. Ordinance No. 2000-3253 adopted. Motion made by Vice- Mayor Liebman; seconded by Commissioner Bower; Ballot vote: 6-0; Absent: Commissioner Smith. Jorge Gomez to handle.

 

4:35 pm

R5G Commission Memorandum No. 541-00

Ordinance - Emergency Demolition Orders

An Ordinance Amending the Land Development Regulations of the Code of the City of Miami Beach, by Amending Chapter 118, Article X, Entitled "Historic Preservation", by Amending Section 118-503 to Expand the Criteria and Requirements for Emergency Demolition Orders for Historic Structures and Within Designated Historic Districts; Providing for Inclusion in the City Code; Providing for Repealer, Severability and an Effective Date. 3:30 p.m. Public Hearing, Second Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(Continued from June 28, 2000)

ACTION: Public Hearing held. Ordinance No. 2000-3254 adopted. Motion made by Vice- Mayor Liebman ; seconded by Commissioner Bower; Ballot vote: 6-0; Absent: Commissioner Smith. Jorge Gomez to handle.

 

3:34 pm

R5H Commission Memorandum No. 542-00

Comprehensive Plan Text Amendment - Environmental Protection/Greenways

An Ordinance Amending Part II: Goals, Objectives and Policies of the City of Miami Beach Comprehensive Plan, by Adding Policies and Objectives to the Conservation/Coastal Zone and Recreation and Open Space Elements Addressing Environmental Protection, Land Acquisition, Greenways and Recreational Facilities; 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. 2:00 p.m. Public Hearing, Second Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(First Reading on March 15, 2000)

ACTION: Public Hearing held. Ordinance No. 2000-3255 adopted. Motion made by Commissioner Bower; seconded by Vice-Mayor Liebman; Ballot vote: 6-0; Absent: Commissioner Smith. Jorge Gomez to handle.

Jorge Gomez to transmit the ordinance and all applicable documents to the affected agencies.

HANDOUT:

1. Speakers list

 

3:34 pm

R5I Commission Memorandum No. 543-00

Comprehensive Plan Text Amendment - Transportation Concurrency Management Areas (TCMAs) An Ordinance Amending the Traffic Circulation and Capital Improvement Elements of Part II: Goals, Objectives and Policies, of the City of Miami Beach Comprehensive Plan, as Amended; by Establishing Transportation Concurrency Management Areas (TCMAs), and Establishing Areawide Level of Service Standards for Specific Roadways; 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. 2:01 p.m. Public Hearing, Second Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(First Reading on March 15, 2000)

ACTION: Public hearing held. Ordinance No. 2000-3256 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Cruz; Ballot vote: 6-0; Absent: Commissioner Smith. Joseph Johnson to handle.

Jorge Gomez to transmit this ordinance and all applicable documents to the affected agencies.

 

3:51 pm

R5J Commission Memorandum No. 544-00

1. Land Development Regulations Amendment- Hotels as Permitted Uses in RM-1/CD-2

An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 142 Entitled "Zoning Districts and Regulations", Section 142-152 Entitled "Main Permitted Uses" by Adding Hotels to the List of Main Permitted Uses in a Specified Area of the RM-1 Residential Multifamily Low Intensity Zoning District Bounded by the City Line on the North, Collins Avenue on the East, 75th Street on the South, and Abbott Avenue on the West; Amending Chapter 142 Entitled "Zoning Districts and Regulations", Section 142-302 Entitled "Main Permitted Uses" by Adding Hotels to the List of Main Permitted Uses in the CD-2 Commercial Medium Intensity Zoning District; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. 2:02 p.m. Public Hearing, Second Reading

2. Comprehensive Plan Text Amendment - Hotels as Permitted Uses in RM-1

An Ordinance Amending Part II: Goals, Objectives and Policies of the City of Miami Beach Comprehensive Plan, by Modifying Policy 1.2 of Objective 1: Land Development Regulations of the Future Land Use Element by Adding Hotels to the List of Uses Which May Be Permitted in a Specified Area of the RM-1 Low Density Multi Family Residential Land Use Category; 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. 2:03 p.m. Public Hearing, Second Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(First Reading on March 15, 2000)

1. ACTION: Public hearing held. Ordinance No. 2000-3257 adopted. Motion made by Commissioner Bower; seconded by Commissioner Cruz; Ballot vote: 5-1; Opposed Vice-Mayor Liebman; Absent: Commissioner Smith. Jorge Gomez to handle.

2. ACTION: Public hearing held. Ordinance No. 2000-3258 adopted. Motion made by Commissioner Bower; seconded by Commissioner Cruz; Ballot vote: 5-1; Opposed: Vice- Mayor; Absent: Commissioner Smith. Joseph Johnson to handle.

Jorge Gomez to transmit this ordinance and all applicable documents to the affected agencies.

 

4:15 pm

R5K Commission Memorandum No. 545-00

1. Rezoning - 1733 Michigan Avenue (Portion)

An Ordinance Amending the Official Zoning District Map, Referenced in Section 142-72 of the Code of the City of Miami Beach, Florida, by Changing the Zoning District Classification for Lot 17, Block 20 of PALM VIEW SUBDIVISION [Plat Book 6, Page 29] (a Portion of 1733 Michigan Avenue) from the Current Zoning District Classification RS-4 Single Family Residential, to the Proposed Zoning District Category RM-1 Residential Multi-Family Low Intensity; Amending the Affected Portion of the City's Official Zoning District Map to Correspond with this Change as Adopted by the City Commission; Providing for Repealer, Severability and an Effective Date. 2:30 p.m. First and Only Reading Public Hearing

2. Future Land Use Map Change - 1733 Michigan Avenue (Portion)

An Ordinance Amending the Future Land Use Map of the City of Miami Beach Comprehensive Plan for Lot 17, Block 20 of PALM VIEW SUBDIVISION [Plat Book 6, Page 29] (a portion of 1733 Michigan Avenue) from the Current Land Use Classification RS Single Family Residential, to the Proposed Land Use Classification RM-1 Residential Multi-Family Low Intensity; 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. 2:31 p.m. First and Only Reading Public Hearing

Administration Recommendation: Adopt the Ordinance on First Reading.

(Planning Department)

1. ACTION: Speakers sworn in. Public Hearing opened and Continued to the September 13, 2000 at 3:00 p.m. Motion made by Vice-Mayor ; seconded by Commissioner Dermer; Voice vote: 6-0; Absent: Commissioner Smith. Jorge Gomez to handle. Judy Hoanshelt to place on agenda.

2. ACTION: Speakers sworn in. Public Hearing opened and Continued to the September 13, 2000 at 3:00 pm. Motion made by Commissioner Cruz; seconded by Commissioner Bower; Voice vote: 6-0. Absent: Commissioner Smith. Jorge Gomez to handle. Judy Hoanshelt to place on agenda.

HANDOUT:

1. Letter from Todd Freeman to the City Commission dated July 10, 2000, RE: Zoning change - 1733 Michigan Ave.

2. Letter from Nisi Berryman to Robert Parcher [forwarded to the Mayor and City Commission], dated July 12, 2000, RE: Amendment to current zoning for lot 17

 

5:00 pm

R5L Commission Memorandum No. 546-00

Ordinance - Comprehensive Modifications to the Historic Preservation Board and Historic Preservation Sections of the Code

An Ordinance Amending the Land Development Regulations of the Code of the City of Miami Beach, by Amending Chapter 118, Article II, Division 4, Entitled "Historic Preservation Board" by Amending Section 118-101 to Clarify the Authority of the Board, by Amending Section 118-102 to Expand and Clarify the Role of the Board, by Amending Section 118-103 to Modify the Membership Requirements of the Board, by Amending Section 118-106 to Modify the Quorum Requirements of the Board, by Amending Section 118-107 to Clarify the Meeting Requirements of the Board, by Amending Section 118-108 to Clarify the Organization of the Board, by Amending Chapter 118, Article X, Division 1, Entitled "Historic Preservation" by Amending Section 118-503 to Clarify, Expand and Enhance the Scope and Exemptions of the Board, by Amending Chapter 118, Article X, Division 2, Entitled "Historic Preservation Board and Design Review Board Joint Review of Projects" by Amending Section 118-531 to Clarify the Procedures of the Historic Preservation Board and Eliminate the Joint Design Review/Historic Preservation Board, by Amending Section 118-532 to Clarify the Role of the Historic Preservation Board, to Establish Time Periods for Obtaining a Full Building Permit for Certificates of Appropriateness and to Clarify the Procedures for the Maintenance of Designated Properties, by Amending Section 118-533 to Clarify the Procedures, by Amending Section 118-534 to Clarify Procedures Pertaining to the Historic Properties Database, by Amending Section 118-535 to Delete the Procedures Pertaining to the City Center/Historic Convention Village Redevelopment and Revitalization Area, by Amending Section 118-536 to Clarify Variances Prohibited, by Amending Section 118-537 to Amend, Clarify and Expand the Requirements and Procedures for Rehearings and Appeals, by Amending Chapter 118, Article X, Division 3, Entitled "Issuance of Certificate of Appropriateness/Certificate to Dig/Certificate of Appropriateness for Demolition" by Amending Section 118-561 to Amend and Clarify the General Requirements, by Amending Section 118 - 562 to Expand and Clarify the Application Requirements for Certificates of Appropriateness for Demolition, by Amending Section 118 - 563 to Clarify, Modify and Expand the Review and Appeal Procedures for Certificates of Appropriateness, Eliminating the Requirement That the Historic Preservation Board Take Action Within a Specified Period of Time, to Establish a Two-Step Review Procedure and a Preliminary Evaluation Procedure, by Amending Section 118-564 to Expand and Modify the Review Criteria for Certificates of Appropriateness, to Amend the Procedures for Obtaining a Demolition Permit and to Establish Time Periods for Obtaining a Full Building Permit for Certificates of Appropriateness for Demolition, by Modifying Section 118-565 to Clarify Special Review Procedures, by Amending Chapter 118, Article X, Division 4, Entitled "Designation" by Amending Section 118-591 to Modify the Designation Procedures, by Amending Section 118-593 to Amend the Time Frames for Obtaining a Demolition Permit Pursuant to Historic Designation and to Modify and Expand the Procedures for the Application of Equitable Estoppel, by Amending Appendix "A", Entitled "Fee Schedule" to Address the Proposed Amendments to the Historic Preservation Section of the Code; Providing for Inclusion in the City Code; Providing for Repealer, Severability and an Effective Date. First Reading

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

(Planning Department) ACTION: Ordinance approved on first reading as amended. Motion made by Vice-Mayor Liebman; seconded by Commissioner Bower; Ballot vote: 6-0; Absent: Commissioner Smith. Second reading and public hearing scheduled for July 26, 2000 at 11 a.m. R. Parcher to notice. Judy Hoanshelt to place on the agenda. Jorge Gomez to handle.

Amendments:

1. 118-103 (a)(1 & 2) the MDPL and DHT to present a slate of three (3) names for the Commission to select from.

2. 118-103 (a)(3 & 4) add "demonstrate interest and knowledge in urban design" should be on both 3 & 4.

 

5:27 pm

R5M City Commission Memorandum No. 547-00

An Ordinance Establishing a Temporary Ninety (90) Day Moratorium on the Issuance of All Pay Telephone Permits, Including Renewal Permits, Which Shall Automatically Dissolve Upon the Earlier of the Expiration of the Ninety (90) Day Period or Upon the Final Resolution of All Pending Litigation Against the City of Miami Beach with Regard to Pay Telephones; Providing for Codification; Repealer; Severability, and an Effective Date. 5:00 p.m., Public Hearing, Second Reading

Administrative Recommendation: Adopt the Ordinance.

(Public Works)

(First Reading June 7, 2000)

ACTION: Public Hearing held. Ordinance No. 2000-3259 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Garcia; Ballot vote: 5-0; Absent: Vice-Mayor Liebman and Commissioner Smith. Matthew Schwartz to handle.

 

10:13 am

R5N An Ordinance Amending Ordinance No. 1901 Which Created the Retirement System for General Employees by Amending Section 5.09, "Post Retirement Adjustments" Paragraphs (A), (B), (C), (D), and Creating Paragraph (O) Thereof to Allow for Increasing the Annual Improvement Factor at a Compounded Rate of Two and One-Half Percent and for Increasing Benefits to Those Members Retired Ten Years or More by Five Percent; Providing for a Repealer, Severability and an Effective Date. First Reading

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

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

ACTION: Item deferred to July 26 Commission Meeting. Motion to defer made by Commissioner Bower; seconded by Commissioner Cruz; Voice vote: 5-1; Opposed: Commissioner Garcia. Absent: Commissioner Smith. Judy Hoanshelt to place on agenda.

For the next Commission Meeting, Commissioner Cruz requested an expert to fully analyze the financial impact of this transaction on the City.

City Manager Lawrence Levy recommended that the item to be referred to the Finance and City wide Projects Committee and the Budget Advisory Committee. Patricia Walker to handle.

HANDOUT:

1. LTC 135-2000 (Budget Advisory Committee Motion of July 11, 2000 Meeting)

2. Miami Beach Retirement System, Retirement increase Request (chart)- handed out by Mr. Jim Boyd.

 

7:40

R5O Commission Memorandum No. 548-00

An Ordinance Amending Chapter 70 of the Miami Beach City Code by Renaming Article III Entitled "Minors" to "Graffiti" and by Creating Sections 70-122 Through 70-129 Setting Forth Comprehensive Regulations Concerning Prohibition of Graffiti on Public and Private Property; Requiring Removal of Graffiti; Providing Civil Penalties; Providing for Codification, Repealer and Specifically, Repealing Sec. 58-302 of the City Code Entitled "Graffiti Removal Required Within 15 Days; Removal by the City When Property Owner Fails to Remove," Providing for Severability, and an Effective Date. First Reading

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

(Requested by Vice-Mayor Nancy Liebman)

ACTION: Item deferred to the September 13 Commission Meeting. Motion to defer made by Commissioner Dermer; seconded by Commissioner Bower; Voice vote: 3-1; Opposed: Vice-Mayor Liebman; Absent: Commissioners Cruz, Garcia, and Smith. Judy Hoanshelt to place on agenda.

R6 - Commission Committee Reports

10:02 am

R6A Commission Memorandum No. 549-00

Report from the Finance and Citywide Projects Committee Meeting of June 6, 2000: 1) Discussion of the Remaining Projects of the Capital Improvements Program and the RFQ for a Program/Construction Manager for all Projects other than Water, Sewer, Stormwater and Neighborhood General Obligation Bond Projects; 2) Discussion of the Funding for the Shane Watersports Center; 3) North Beach Special Assessments; 4) Discussion of an Analysis Prepared by REG Architects, Inc. for the South Shore (6th Street) Community Center; 5) Discussion of the Health Facilities Authority Hospital Revenue Bond Series 2000 A & B.

(Deferred from June 7, 2000)

ACTION: Discussion held. Vice-Mayor Liebman would like the minutes to be reviewed to reflect the true conversation held and to have this information brought back after it is corrected. The 6th Street project was deferred. Report accepted with the exception of item #4; Motion made by Commissioner Bower; seconded by Vice-Mayor Liebman. Voice vote: 6-0; Absent: Commissioner Smith. Patricia Walker to handle.

 

10:04 a.m.

R6B Verbal Report from the Finance and Citywide Projects Committee Meeting of July 6, 2000: 1) North Beach Special Assessments; 2) Five Year General Fund Forecast (FY 2000 - FY 2004); 3) Discussion on the Recommendations and Financial Impact of the Business Resolution Task Force; 4) Discussion of Proposed License Fees for New Business Categories Entitled "Dance Halls" and "Entertainment Establishments"; 5) Discussion of Changes to the General Employees Pension Fund; and 6) The Florida Municipal Loan Council Equipment Financing Program.

ACTION: Verbal Report given by Commissioner Cruz. Report accepted. Motion to accept the report made by Commissioner Cruz; seconded by Commissioner Bower; Voice vote: 6-0; Absent: Commissioner Smith.

 

R7 - Resolutions

6:37 p.m.

R7A Commission Memorandum No. 550-00

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

Administration Recommendation: Adopt the Resolution

(Asset Management)

ACTION: Item deferred to September 27 Commission Meeting. Motion to defer made by Commissioner Cruz; seconded by Commissioner Bower; Voice vote 5-0; Absent: Commissioners Garcia and Smith. Judy Hoanshelt to place on agenda. Bruce Henderson to get the beach survey completed. Joe Damien to handle.

Larry Levy, City Manager, stated that he will instruct staff that no further action be taken on jet ski concessions until a final decision is made about channel width, etc.

HANDOUT:

1. Beachfront Concession Rules and Regulations July 11, 2000, City Commission Workshop Results.

 

11:20 a.m.

R7B Commission Memorandum No. 551-00

A Resolution Authorizing the Mayor and City Clerk to Execute an Amended and Restated/Consolidated Lease Agreement Between the City of Miami Beach and Miami Beach Jewish Community Center, Inc. For a Parcel of Land and Facilities Located in Wofford Park at 4221-4229 Pine Tree Drive, Miami Beach, Florida for Use as a Community Recreational and Services Center, Further Confirming the Development Regulations That Apply to the Site, and Waiving by 5/7ths Vote the Public Bidding and Appraisal Requirements, Pursuant to Section 82-39 of the City Code, Finding Said Waiver to Be in the Best Interest of the City; and Approving the Indemnification and Reimbursement Agreement. 10:45 a.m., Public Hearing

Administration Recommendation: Adopt the Resolution

(City Manager's Office)

(Continued from June 7, 2000)

ACTION: Public Hearing held. Resolution No. 2000-23994 adopted as amended. Motion made by Commissioner Garcia; seconded by Commissioner Bower; Voice vote: 6-0; Absent: Commissioner Smith. Jorge Gomez and Christina Cuervo to handle.

Amendments:

Section 15.8:".....Lessor's remedy for this Default, and for all defaults under this Article 15 for failure to follow the time schedule under this Article related to the Proposed Improvements, shall ..."

Section 16.1 (b):

Amend line 6: "....Shall be limited to a multipurpose room no larger than 2,000 sq. ft., specified......"

Amend line 15- Delete "of the square footage of the multipurpose room involved."

Amend sentence 3rd line from bottom: "......or permit another user to use, a larger space ...."

HANDOUT:

1. Amendments to the JCC lease - source Gary Held, Assistant City Attorney

2. Information and facts about the JCC.

3. Color voting precincts within 1 mile of Wofford Park / Jewish Community Center

4. Speakers list.

 

12:21

R7C Commission Memorandum No. 552-00

A Resolution Authorizing the Miami-Dade County Canvassing Board to Serve as Canvassing Board for the Special Election of the City of Miami Beach to be held on September 5, 2000 at the Time of the First Primary Election.

Administration Recommendation: Adopt the Resolution

(City Attorney's Office)

ACTION: Resolution No. 2000-23995 adopted. Motion made Commissioner Dermer; seconded by Commissioner Garcia; Voice vote: 6-0; Absent: Commissioner Smith. R. Parcher to handle.

 

12:22

R7D Commission Memorandum No. 553-00

A Resolution Calling for a Special Election to be Held on September 5, 2000, for the Purpose of Submitting to Those City of Miami Beach Electors Voting in Precinct Numbers 23, 24, 27, 28, 29, 30, 31 and 32, a Question Concerning the Proposed Lease Amendment of City Parkland Property to Miami Beach Jewish Community Center, Inc.

Administration Recommendation: Adopt the Resolution

(City Manager's Office)

ACTION: Resolution No. 2000-23996 adopted. Motion made Commissioner Dermer; seconded by Commissioner Garcia Voice vote: 6-0; Absent: Commissioner Smith. R. Parcher to handle.

 

3:23 pm

R7E Commission Memorandum No. 554-00

A Resolution Adopting the City's One-Year Action Plan for Federal Funds, Which Includes the Fiscal Year 2000/2001 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: Resolution No. 2000-23997 adopted and One-Year Action Plan amended. Motion made Commissioner Bower; seconded by Vice-Mayor Liebman; Voice vote: 6-0; Absent: Commissioner Smith. Joanna Revelo to handle.

Joanna Revelo stated that changes must be made as a result of the June 27 Public Hearing. CMB Parks Department was reduced from $50,000 to $35,000 and Rain Parents was awarded $15,000 in CDBG grants. These changes will be made prior to submitting to HUD.

 

10:11 am

R7F Commission Memorandum No. 555-00

A Resolution Ratifying Amendment No. 6 to the Agreement Between the Miami Beach Redevelopment Agency and Kimley-Horn and Associates, Inc., for Professional Engineering and Landscaping Services, in an Amount Not-to-Exceed $216,930.00 for Project Construction Coordination, Field Representation, and Shop Drawing Revision for the Phase I Construction of the South Pointe Streetscape Improvements Project; and Appropriating the Contract Amount from the South Pointe Tax Increment Fund. Joint Redevelopment Agency and City Commission.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 2000-23998 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Garcia; Voice vote: 6-0; Absent: Commissioner Smith. Christina Cuervo to handle.

 

5:31 pm

R7G Commission Memorandum No. 556-00

A Resolution Considering an After-the-Fact Revocable Permit, as Requested by Mr. Robert Swedroe, to Retain a Wrought Iron Fence, a Circular Concrete Paver Driveway, and Irrigated and Lighted Landscaping (Including Trellis), at the Street End of 78th Street, East of Atlantic Way, Adjacent to His Property, Located at 7747 Atlantic Way; Accepting the Administration's Recommendations and Granting Said Permit, but Only Insofar as to Retain the Pavers, Landscaping (Including Trellis), Lighting, and Irrigation; Further Making the Granting of Said Permit Subject to the Foregoing Conditions, as Set Forth in This Resolution; and Authorizing the Mayor and City Clerk to Execute the Revocable Permit. 10:30 a.m., Public Hearing

Administration Recommendation: Adopt the Resolution.

(City Attorney's Office)

ACTION: Because of the Executive Session to be held today at Noon, a motion made by Commissioner Cruz to open and continue the Public Hearing to 3:00 p.m.; seconded by Commissioner Bower; Voice Vote: 4-0; Absent: Commissioners Dermer, Garcia, and Smith.

Speakers sworn in. Public Hearing opened. Motion made by Commissioner Cruz to approve expanding the width of the walkway opening to be worked out by the Administration and Mr. Swedroe; seconded by Vice-Mayor Liebman. Discussion continued. Motion withdrawn by Commissioner Cruz.

Commissioner Dermer stated that the work which was done was done on City property and it's illegal. He stated that the fence should be eliminated and the entire project should be sent to the Historic Preservation Board for approval.

Larry Levy, City Manager, stated that he has instructed Public Works to examine all beachfront streetends to determine if there is appropriate signage designating public access to the beach. Matthew Schwartz to handle.

Discussion Continued. Public hearing opened and continued to September 27, 2000 at 10:30 a.m. and the item is also referred to the Historic Preservation Board. Motion made by Commissioner Cruz; seconded by Commissioner Garcia; Voice vote: 6-0; Absent: Commissioner Smith. Jorge Gomez to handle.

Raul Aguila, Assistant City Attorney, requested the Applicant to stipulate that pending the determination of the Historic Preservation Board of this matter before the City Commission that it will stay any litigation against the City on this matter. Mr. Swedroe's attorney agreed.

HANDOUT:

1. Letter to Miami Beach City Commission from Martin W. Taplin, dated July 11, 2000, RE: Robert Swedroe (Altos del Mar) request from revocable permit.

2. Single photo

3. Letter from Dennis Donegan to To Whom it May Concern, dated July 10, 2000 labeled "A"

4. Stack of letters labeled "B"

5. Stack of letters labeled "C"

6. Stack of color photos labeled "D"

7. Speakers list

7:25 pm

R7H Commission Memorandum No. 557-00

A Resolution Authorizing the Administration to Enter into Negotiations and, If Successful, Further Authorizing Renewal with Humana to Provide Group Medical Insurance for Employees and Retirees for a One-Year Period Effective on October 1, 2000.

Administration Recommendation: Adopt the Resolution.

(Risk Management)

ACTION: Resolution No. 2000-23999 adopted. Motion made by Commissioner Bower; seconded by Vice-Mayor Liebman; Voice vote: 4-0; Absent: Commissioners Cruz, Garcia and Smith. Mary Greenwood to handle.

 

R7I A Resolution Approving an Employment Agreement Between the City of Miami Beach and Jorge M. Gonzalez as City Manager, and Authorizing the Mayor and City Clerk to Execute the Agreement.

Administration Recommendation: Adopt the Resolution.

(Requested by Mayor Neisen Kasdin)

(Documents in Legal - To Be Submitted)

ACTION: Deferred. Judy Hoanshelt to place on July 26th agenda.

 

4:34 pm

R7J Commission Memorandum No. 558-00

A Resolution Approving a Settlement Agreement Between Ritz Plaza Hotel Corporation and the City of Miami Beach and Authorizing the Execution of any Necessary Documents. 3:00 p.m., Public Hearing

Administration Recommendation: Adopt the Resolution.

(City Attorney's Office)

ACTION: Open and Continue to the July 26, 2000 at 3:00 p.m. Motion made by Commissioner Bower; seconded by Commissioner Cruz; Voice vote: 6-0; Absent: Commissioner Smith. Judy Hoanshelt to place on agenda.

HANDOUT:

1. Letter from Bob de la Fuente, Tew Cardenas, to Robert Parcher, City Clerk, dated June 28, 2000, RE: Ownership List, Map and Mailing Labels: Ritz Plaza Hotel

 

R9 - New Business and Commission Requests

 

4:08

R9A Commission Memorandum No. 559-00

Board and Committee Appointments for the Meeting of July 12, 2000.

(City Clerk's Office)

ACTION: Appointments made:

Safety Committee:

Gilbert Novick term expires 12/31/2000 appointed by Commissioner Garcia

Police and Citizens Advisory Committee

Mitchel Korus term expires 12/31/2001 appointed by Mayor Kasdin

Beach Preservation Committee

Alfredo Rey term expires 12/31/2001 appointed by Commissioner Garcia

Richard Buck term expires 12/31/2000 appointed by Commissioner Liebman

Convention Center Capital Projects Oversight Committee

Randall Hilliard term expires 12/31/2000 appointed by Commissioner Bower

Committee For Quality Education in Miami Beach

Rosa Borgen term expires 12/31/2001 appointed by Commissioner Bower

Housing Authority Mayor Kasdin recommended appointing Mr. Steve Chaykin. Motion made by Commissioner Garcia to confirm the Mayor's recommendation; seconded by Commissioner Cruz; Voice Ballot: vote: 6-0. Absent: Commissioner Smith.

Steve Chaykin term expires 10/11/2001

City Clerk's Note: Mr. Chaykin's resume is available in the June 7, 2000 Commission Agenda, item R9A1

 

4:10

Art In Public Places

The following individuals were nominated: Amy Cappellazzo and James Weingarten.

Ballot vote: Cappellazzo 5 - Weigarten 1; absent Commissioner Smith.

Amy Cappellazzo term expires 12/31/2000 Appointed by City Commission

HANDOUTS:

1. Ballots.

 

4:12

Nuisance Abatement Board. Motion made by Commissioner Garcia to reappoint the David Alschuler, Stephen Cypen, and Stephen Hertz; seconded by Commissioner Dermer; Ballot vote: 5-1. Opposed: Commissioner Bower; Absent: Commissioner Smith.

David Alschuler term expires 12/31/2001 Appointed by City Commission

Stephen Cypen term expires 12/31/2001 Appointed by City Commission

Stephen Hertz term expires 12/31/2001 Appointed by City Commission

 

HANDOUT:

1. Letter from Cheryl Jacobs, Chair Fine Arts Board, to Robert Parcher, City Clerk, dated June 28, 2000, RE: Board Appointments to the Fine Arts Board.

 

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

ACTION:

1. Elizabeth Donnelly requested to add to the agenda the issue of gates on 59th street. Mayor Kasdin explained that there is a procedure wherein she would need to apply for a revocable permit.

2. Richard Brizzee stated that there is a large amount of garbage accumulating on the streets, from Pennsylvania between 11th and 13th streets. If this is the responsibility of the City, why is Sanitation not picking up garbage. Mayor Kasdin refered the issue to Matthew Schwartz who stated that they will be placing a large order of trash cans for these areas. Vice-Mayor Liebman suggested doing a pilot program in certain areas during the mornings to conduct street sweepings. Matthew Schwartz to handle.

HANDOUT: Pictures

3. Minnette Benson representing condominiums at 5660 Collins Avenue spoke regarding the 63rd Street Flyover issue and how the traffic would be affected on Collins, especially for commercial trucks and vans.

4. Rip Holmes praised the community for the economic and tourist turnaround of South Beach and suggested that nightly entertainment along Ocean Drive continue for tourist attraction.

5. Kay Statz spoke regarding the South Pointe Streetscape Plan status. Christina Cuervo stated that the contract had been awarded as of 6/29 and the ground breaking would take place within two weeks in the areas of Washington Avenue and 3rd Street, from 5th and extending into South Pointe Park, including the addition of parking from Alton Road and Ocean Drive.

6. Henry Kay spoke regarding sprinklers elimination and stated that he continues to receive threatening letters from the Fire Department to enforce the fire sprinkler code. Administration to check with other municipalities in the area to see what they are doing regarding fire sprinklers. Chief Jordan to handle.

7. Susan Smith asked why the pension issue of retirement was not set up as a joint meeting of the Finance Committee and the Budget Advisory Committee, and secondly, why did the increase of 11% to certain employee [job classification] passed without this issue being referred to a City Board or Committee or without an impact study being done.

HANDOUT:

1 Speakers list.

 

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

ACTION: Item not reached.

9:51 am

R9C Discussion of Community Affairs Committee Meeting Report of May 24, 2000.

(Requested by Commissioner Luis R. Garcia)

(Continued from June 7, 2000)

ACTION: Discussion held. It was determined that Commission Barreiro will move to the office to be construction on the 1st floor utilizing a portion of the City Clerk's Office and across from Pension Office. Access to the office will not be through the City Clerk's area but will have direct access to the outside. While the construction is taking place the Commissioner's office will remain in the fishbowl. Once his office relocates to the new office space, the Elder and Citizen Affairs will move to the fishbowl. The information desk will remain in the lobby area and used by the security officer.

Motion made by Vice-Mayor Liebman to accept the above concept plan; seconded by Commissioner Garcia; Voice vote: 6-0; Absent: Commissioner Smith.

 

6:41

R9D Discussion Regarding the Sunset Harbour Neighborhood.

(Requested by Vice-Mayor Nancy Liebman)

ACTION: Discussion held. Mayor Kasdin would like a follow-up report on all of the issues addressed by the residents (illegal sign, banners, flags, etc.; illegal parking; garbage; boat ramp hours of operations; boat ramp gate; concessions, occupational license regarding the marine; street too narrow for boats and trailers; city employee vehicles illegally parking; pollution and sewerage, landscaping and tree which will withstand wind, notice of issues of violations which were dismissed and still exist, etc) on the July 26 Commission Meeting, time certain 5:00 p.m. Judy Hoanshelt to place on the agenda. Lynn Bernstein to handle.

Vice-Mayor Liebman asked that the Administration research the 1985 Marina DRB approval to determine if the Marina is in compliance.

HANDOUT:

1. List of concerns read into the record by Sunset Harbour spokes person

 

R9E Discussion Regarding the Procurement Department's Process of Providing Notices.

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

ACTION: Commissioner Garcia deferred this item to the next Commission Meeting. Judy Hoanshelt to place on agenda.

 

R9F Discussion Regarding Power Outages and Report from Florida Power and Light.

(Requested by Mayor Neisen Kasdin)

ACTION: Withdrawn.

 

2:06 p.m.

R9G Discussion Regarding the 200% Increase in Windstorm Insurance.

(Requested by Commissioner David Dermer)

ACTION: Telephone call made to the Honorable Bill Nelson State Insurance Commissioner. Commissioner Dermer expressed his concern with the exorbitant rate increase and asked if there was anything the Miami Beach City Commission could do. Commissioner Nelson stated that the Insurance Arbitration Panel can override rate decisions made by the Commissioner. The Panel is presently has too made insurance company appointees. This needs to be changed. Commissioner Nelson stated that the City's state lobbyists need to assist in changing the make-up of the Arbitration Panel. Commissioner Dermer stated that this should be a legislative priority to assist Commissioner Nelson in this effort . Christina Cuervo to handle.

Commissioner Nelson also stated that he want the computerized storm damaged models which are presently developed by the insurance industry to be developed by the FSU or FIU.

 

2:59

R9H Discussion Regarding Use of the Electrowave Shuttle from Hyde Park to Publix.

(Requested by Commissioner Matti Herrera Bower)

ACTION: Discussion held.

Commissioner Bower advised that her office had received numerous calls regarding the lack of accessibility to a supermarket since the closure of Hyde Park and she suggested the use of the electric shuttles as transportation to and from the area of Hyde Park to the nearest supermarket.

Judy Evans, MB Transit Management Authority Director explained that the Miami-Dade Transit Authority does not permit the shuttles to run duplicate service routes, unless it is an emergency service or to an area where there is a non-existing service.

Upon Commissioner Bower's request to come up with creative ideas, Christina Cuervo stated that she would discuss the need to shuttle individuals for this purpose with the Jewish Vocational Services, (who manage the shuttles that bus elderly people to the Sixth Street Community Center) to include a route to and from the nearest supermarket.

Mayor Kasdin referred the item to the Land Use Committee to find another site, other than the Hyde Park Site where the community needs for these amenities are met.

Vice-Mayor Liebman asked the administration to look at vacant lots in the area.

Mayor Kasdin expressed the worthiness for further discussion to be referred to the Land Use Committee.

Motion made by Commissioner Bower to be referred to the Land Use Committee; seconded by Vice- Mayor Liebman; Voice vote: 6-0. Absent Commissioner Smith. Jorge Gomez to handle.

R9I Discussion Regarding Funding for Kids' Calendar/Community Calendar and Renovation Plans for Miami-Dade County Public Schools.

(Requested by Commissioner Matti Herrera Bower)

ACTION: Commissioner Bower deferred the item to the next Commission Meeting. Judy Hoanshelt to place on agenda.

 

R10 - City Attorney Reports

 

2:57 pm

R10A Notice of Closed Executive Session.

Pursuant to Section 286.011, Florida Statutes, a Closed Executive Session will be held during lunch recess of the City Commission meeting on July 12, 2000, in the City Manager's large conference room, Fourth Floor, City Hall to discuss the following pending litigation:

Robert Swedroe and Rita Swedroe vs. City of Miami Beach, Circuit Court of the 11th Judicial Circuit, Case No. 99-13775.

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

ACTION: Closed Executive Session announced and held.

 

R10B Notice of Closed Executive Session

Pursuant to Section 286.011, Florida Statutes, a Closed Executive Joint Session of the City Commission and Redevelopment Agency will be held during lunch recess of the City Commission meeting on July 12, 2000, in the City Manager's large conference room, Fourth Floor, City Hall to discuss the following pending litigation:

Miami Beach Redevelopment Agency vs. Pedro Rodriguez and Ana V. Rodriguez, his wife, et al. Circuit Court of the 11th Judicial Circuit, Case No. 98-4005 (CA15).

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

ACTION: Closed Executive Session announced and held.

R10B1: 2:57 p.m. After the Closed Executive Session and during the Commission Meeting the following action was taken.

Administration presented a proposed settlement recommendations and recommended that the City Commission approve the settlement agreement in the amount of $3,050,000 which includes the fee titlefor two (2) lots, attorney fees, and all costs and interest. A formal resolution will be prepared for the July 26 Commission Meeting. Motion made by Vice-Mayor Liebman to approve the proposed settlement agreement; seconded by Commissioner Cruz; Voice vote: 5-0; Absent: Commissioners Dermer and Smith. Christina Cuervo to handle. Judy Hoanshelt to place on July 26 agenda.

HANDOUT:

1. Unsigned memorandum from Lawrence A. Levy, City Manager, to Mayor and City Commission, dated July 12, 2000, RE: Onyx Property.

 

Reports and Informational Items

A Commission Memorandum No. 560-00

City Attorney's Status Report.

(City Attorney's Office)

ACTION: Written report submitted.

 

B Commission Memorandum No. 561-00

Parking Status Report.

(Parking Department)

ACTION: Written report submitted.

 

C Commission Memorandum No. 562-00

Informational Report on DemandStar.com.

(City Manager's Office)

ACTION: See action R9E.

 

D Commission Memorandum No. 563-00

Public Hearing Before the Planning Board for the Month of July: 1) Conditional Use - Permanent Lot - 133,137,139,141,149 and 151 Collins Avenue; 2) Conditional Use - Outdoor Entertainment Establishment - 1036-1052 Ocean Drive; 3) Conditional Use - Outdoor Entertainment Establishment - 1060 Ocean Drive; 4) Conditional Use - Open Air/Outdoor Entertainment Establishment - 960 Ocean Drive; 5) Ordinance - Board of Adjustment Timeframes and Procedures; 6) Ordinance - Conditional Use: Building Permit Timeframes and Procedures; 7) Ordinance - Definition of Full Building Permit; 8) Ordinance - Comprehensive Revisions to Design Review Board Procedures.

(Planning Department)

ACTION: Written report submitted.

 

E Commission Memorandum No. 564-00

Report Regarding the 1999 $92 Million General Obligation Bond Program Projects for Neighborhood Improvements, Fire Safety, Parks and Beaches as Conceptually Approved by the General Obligation Bond Program Oversight Committee.

(City Manager's Office)

ACTION: Written report submitted.

 

End of Regular Agenda

 

Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

July 12 , 2000 - 10:00 a.m.

Chairman of the Board Neisen O. Kasdin

Member of the Board Matti Herrera Bower

Member of the Board Simon Cruz

Member of the Board David Dermer

Member of the Board Luis R. Garcia, Jr.

Member of the Board Nancy Liebman

Member of the Board Jose Smith

Executive Director Lawrence A. Levy

Assistant Director Christina M. Cuervo

Assistant Director Mayra Diaz Buttacavoli

General Counsel Murray H. Dubbin

Secretary Robert E. Parcher

AGENDA

1. ROLL CALL

2. OLD BUSINESS

10:09

A. Redevelopment Agency Memorandum No. 00-46

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.

 

B. Redevelopment Agency Memorandum No. 00-47

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

ACTION: Written report submitted.

Commissioner Liebman asked how many recommendations have been done which were referenced in an Internal Audit Report, December 1, 1998 - February 28, 2000? Christina Cuervo stated that 6 of the 8 recommendations have been done.

3. NEW BUSINESS

A. Redevelopment Agency Memorandum No. 00-45

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

ACTION: Written report submitted.

 

10:10 am

B. Redevelopment Agency Memorandum No. 00-48

A Resolution of the Chairman and the Members of the Miami Beach Redevelopment Agency Approving Amendment No. 6 to the Agreement Between the Miami Beach Redevelopment Agency and Kimley-Horn and Associates, Inc., for Professional Engineering and Landscaping Services, in an Amount Not-to-Exceed $216,930.00 for Project Construction Coordination, Field Representation, and Shop Drawing Revision for the Phase I Construction of the South Pointe Streetscape Improvements Project; and Appropriating the Contract Amount from the South Pointe Tax Increment Fund. Joint Redevelopment Agency and City Commission.

ACTION: Resolution Number 357-2000 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Bower; Voice vote 6-0; Absent: Commissioner Smith. Christina Cuervo to handle.

 

Meeting Adjourned: 7: 43

End of Agenda