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

September 9,1998

Mayor Neisen O. Kasdin
Vice-Mayor Nancy Liebman
Commissioner Simon Cruz
Commissioner David Dermer
Commissioner Susan F. Gottlieb
Commissioner Martin Shapiro
Commissioner Jose Smith
City Manager Sergio Rodriguez
City Attorney Murray H. Dubbin
City Clerk Robert E. Parcher

AFTER ACTION

CONSENT AGENDA

PA1 9:00 a.m., Proclamation/Fire Fighter Appreciation Week. (Kasdin) 1

PA2 9:00 a.m., Presentation to The ADVO Team of 80. (Liebman)

PA3 9:00 a.m., Certificates of Apprec/Police Officers, Traffic Safety.

C2A Bid Award 96-97/98, Convention Center Electrical Connections, $14,350. 2

C2B PO, Firefighter Turnout Gear, $25,946. 4

C2C PO, Two Ladder Truck Extension Cylinders, $11,072.79. (Fire Dept.)5/7 6

C2D Bid Award 83-97/98, Five '98 Kawasaki Prairie 400, 4x4 ATV, $28,844.85. 12

C2E Bid Award 77-97/98, Cellular Phone Equip. & Service, $45,000. 14

C2F Bid Award 95-97/98, Uninterruptible Power Systems (UPS), $59,868. 20

C2G Bid Award 87-97/98, Street Light Poles, $77,486.50. 24

C2H Bid Award 88-97/00, Irrigation Services, $10,000. 26

C2I Bid Award 94-97/98, 12 Phoenix Dac. Medjool/Zahidi Palms, $36,137. 28

C4A Refer to Comm. Affairs/Rename Ocean Front Pk: M. S. Douglas. (Kasdin) 30

C4B Refer to Planning Bd/Amend Chapter 118 of City Code. 34

C4C Refer to Finance & Citywide Comm/Two Proposed Financings by MBHFA. 36

C7A Amend Lease Agmt for Portion of Bldg at 1833 Bay Rd. 38

C7B Lease Agmt w/UNIDAD, Portion of City-Owned Bldg at 833-6th St. 50

C7C Lease Agmt w/Alliance for Media Arts, City-Owned Bldg, 201 2nd St. 62

C7D Co. Canvassing Bd's Certification of Results of 9/1/98 Spec. Election. 74

C7E Accept Pat Becerra as Member of Personnel Bd to Rep. Group II Emps. 78

C7F Issue RFP to Place Ads in Spanish Language Periodical & Extend Agmt. 82

C7G Execute Agmts to Implement CDBG & ESG Activities. 108

C7H Approve Non-Substantial Amendment/One-Yr Action Plan Component. 166

C7I HOME Program Agmt w/MBCDC. 176

C7J Appropriation of SHIP Program Funds. 202

C7K Issue RFP for Provision of Various Banking Srvs. 206

C7L Reappoint T.C. Adderly to JEP Regional Board. 232

C7M Prof. Srvs Agmt w/Mt. Sinai for Medical Programs for City Employees. 236

C7N Cooperative Agmt w/US Dept. of State, Bureau of Diplomatic Security. 256

C7O Accept Reimbursement: S. Fla. Interagency Metro Anti-Crime Task Force. 292

C7P 8th Amendment to Police Confiscation Trust Fund, FY 1997/98, $100,000. 294

C7Q 2nd Amend./Approp. Funds:Police Spec. Rev.Capital Acct, FY97/98,$7,936. 298

C7R Call P. Hrg., Conceptual Approval for Relocation of 44th St. 302

C7S Agmts w/4 Firms on Rotational Basis, for Prof. Landscape Arch. Srvs. 308

C7T Grant to So. Fla. Mgmt District, for N.S.O.S. Nature Ctr. 350

REGULAR AGENDA

R5A Amend Code, Req. of Permit for Filming & Special Events, 1st Rdg. 354

R5B Amend Classified Emp. Salary Ord. 789, FOP, 1st Rdg. 366

R5C Amend Code, Increase Water Supply Srv Charge, 1st Rdg. 372

R5D 11:00 a.m., 2nd Rdg, Sanitation Commercial Impact Fee. 376

R5E 11:15 a.m., 1st Rdg, Commercial Waste Hauling Franchisees, 1st Rdg. 384/SM

R5F 3:30 p.m., 2nd Rdg, Booting Ordinance. (Liebman) 386

R5G Amend Membership Requirements:Admin., Bds, Comm, etc, 1st Rdg.(Liebman) 400

R5H 10:00 am 1st Rdg-Joint/RDA,Prohibit RDA Funds-Fin. Priv. Proj.(Shapiro) 406

R5I Disclosure of Payments to Halt Objections to Projects. (Shapiro) 410

R6A Report: Finance & Citywide Projects Comm. Mtg. of July 6, 1998. 412

R6B Verbal Report: Finance & Citywide Projects Comm. Mtg. of Sept. 3, 1998. 418

R6C Report: Neighborhoods Comm. Mtg. of July 14, 1998. 420

R7A 10:30 a.m., Lease Agmt w/Sprint: Mount Ant. Equip. & Reject Bid. 5/7ths 424

R7B 2:45 p.m., Approve Wash. Ave. Streetscape Project&Finance Plan/Approp. 462/SM

R7C 10:00 a.m., Joint/RDA, Adopt Portofino Concept Plan/Settlement Agmt. 464/SC

R7D 10:00 a.m., Joint/RDA, Approval of the So. Pointe Streetscape Plan. 466/SC

R7E 3:00 p.m., Oper. Budget/Electrowave Circulator Shuttle Srv., $1,611,469. 468

R7F 3:00 p.m.,Initiate Process: Receive $992,500 FTA Funds for Electrowave. 474

R7G 3:00 p.m., Agmt w/MBTMA to Continue Transportation Mgmt Srvs. 484

R7H 9:30 a.m., New Rental Rates for Convention Center. 514

R7I File Grant, Local Law Enforcement Block Grant Program, $502,747. 522

R7J Appropriation of $570,000 for ADA Settlement. 526

R7K 2:30 p.m.,Underground Elec. Trans. Facilities Agmt w/FP&L, $4,000,000. 534

R7L Estb. Guidelines for Fee Reductions for Youth Programs. 574

R7M 11:15 a.m., Agmt w/Onyx Fla., Residential Solid Waste/Yard & Trash Coll. 584

R8A Placement of Monument in Honor of Jorge Mas Canosa. 630

R8B 11:15 a.m.,Verbal Report:Residential Solid Waste Contract Negotiations. 638

R9A Board & Committee Appointments. 640

R9B1 1:30 p.m., Dr. Stanley Sutnick Citizens' Forum. 686

R9B2 5:30 p.m., Dr. Stanley Sutnick Citizens' Forum. 686

R9C Parking on Lincoln Court/Follow-Up. (Shapiro) 688

R9D Appointment of Members to the Loan Review Committee. 696

R9E Disc. re: Effect of New Fed. & Co. Jet-Ski Regs. (Dermer) 698

R9F 4:05 p.m., Disc./Update on Nego. w/GMCVB re: Interlocal Agmt.(Gottlieb) 700

R9G Disc. of Article: Settlement Agmts w/Adjacent Property Owners. (Smith) 702

R9H 2:00 p.m., Disc. re: Removal of the 63rd St. Fly-Over. (Kasdin) 713/SM

R9I Disc. re: Hiring a Pension Consultant to Reduce Pension Costs.(Shapiro) 715

R9J Police/Citizen Relations Comm. Memo re: City of Miami Beach 911 Srvs. 719

R9K 4:00 p.m.,Presentation: David Kelsey, S Beach Hotel/Rest. Assn. 723

R10A Oral Report re: Portofino, 5th Street Lease. 726

R10B Noon Break, Closed Executive Session. 728

REPORTS AND INFORMATIONAL ITEMS

A City Attorney's Status Report. 730

B Status Report on the Cultural Campus. 738

C Parking Status Report. 740

D Hrgs before the Planning Bd Mtg of September 17, 1998. 744

E Alton Road Corridor (6th to 16th Streets) Traffic Mitigation Plan. 746

F Status Update on the Venetian Causeway East Bascule Bridge. 752

G Update on FPL's Frequent Power Outages. 768

H Report on MacArthur Cswy Median Guardrail Project by FDOT. 772

I Report on Blue Ribbon Comm. Mtgs re: Conv. Ctr. & TOPA Roofs. 776

REDEVELOPMENT AGENCY ITEMS - 10:00 A.M.

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

3A Joint, Prohibit Using RDA Trust Funds to Finance Private Proj.(Shapiro) 5

3B Joint, Approval of the Portofino Concept Plan/Settlement Agmt. 9/SC

3C Joint, Approval of the South Pointe Streetscape Plan. 11/SC

3D Operating Budgets for So. Pointe & City Ctr Redev. Areas, FY 98/99. 13

3E Amended Budgets for So. Pointe & City Ctr Redev. Areas, FY 97/98. 19

Call to Order - 9:00 a.m.

Inspirational Message and Pledge of Allegiance

Requests for Additions, Withdrawals, and Deferrals

PA - Presentations and Awards

PA1 A Proclamation to be Presented by Mayor Neisen Kasdin Proclaiming Fire Fighter Appreciation Week for Loyal Dedication to Raising Funds for the Furthering Research in Curing the Adversity of Muscular Dystrophy.

ACTION: Proclamation presented.

PA2 Certificate of Appreciation to be Presented to "The ADVO Team of 80".

(Requested by Vice-Mayor Nancy Liebman)

ACTION: Certificate presented.

PA3 Certificates of Appreciation to be Presented by Mayor Neisen Kasdin to the Following Police Officers of the Police Department's S.T.E.P., in Recognition of Their Commitment to Community Service, Providing a Safer Environment for the Citizens and the Visitors of Miami Beach: Lieutenant Dave Allen, Sergeant Larry Hankoff, Officer Samuel Azicri, Officer Ronald Chapman, Officer Edward Feigenblatt, Officer Robert Jenkins, Officer Ronald McHugh, Officer Donald McGavern, Officer David Porter, Officer John Sallie, and Officer David Tracey.

ACTION: Certificates presented.

CONSENT AGENDA

Consent Agenda approved. Motion made by Commissioner Cruz; seconded by Commissioner Gottlieb; voice vote: 6-0; Absent Mayor Kasdin.

C2 - Competitive Bid Reports

C2A Commission Memorandum No. 537-98

Request for Retroactive Approval to Award a Purchase Order to Tri-City Electric Co., Inc., in the Amount of $14,350, Pursuant to Bid No. 96-97/98 for Miami Beach Convention Center Temporary Electrical Connections. Funding: Convention Center Budget Account.

Administration Recommendation: Approve the Award.

(Convention Center)

ACTION: Award authorized. Judy Ford to issue Purchase Order. Mayra Diaz Buttacavoli to handle.

C2B Commission Memorandum No. 538-98

Request for Approval to Award a Purchase Order to Safety Equipment Co., in the Amount of $25,946, Pursuant to City of Orlando Request for Proposals (RFP) No. 97-323 for the Purchase of Firefighter Turnout Gear. Funding: Fire Department Support Services Budget Account.

Administration Recommendation: Approve the Award.

(Fire Department)

ACTION: Award authorized. Judy Ford to issue Purchase Order. Chief Garcia to handle.

C2C Commission memorandum No. 539-98

Request for Retroactive Approval to Award a Purchase Order to Ladder Towers, Inc., in the Amount of $11,072.79, as the Sole Source for the Purchase of Two (2) Ladder Truck Extension Cylinders. Funding: Fire/Suppression Division Account.

Administration Recommendation: Approve the Award.

(Fire Department)

ACTION: Award authorized. Judy Ford to issue Purchase Order. Chief Garcia to handle.

C2D Commission Memorandum No. 540-98

Request for Approval to Award a Purchase Order to Palmetto Motorsports in the Amount of $28,844.85, Pursuant to Bid No. 83-97/98 for the Purchase of Five (5) 1998 Kawasaki Prairie 400, 4 x 4 All Terrain Vehicles. Funding: Fleet Management and Police Confiscation Budget Accounts.

Administration Recommendation: Approve the Award.

(Fleet Management)

ACTION: Award authorized. Judy Ford to issue Purchase Order. Drew Terpak to handle.

C2E Commission memorandum No. 541-98

Request for Approval to Award a Contract to AT&T Wireless in the Estimated Annual Amount of $45,000, Pursuant to Bid No. 77-97/98 for a One-Year Contract for Providing Cellular Telephone Equipment and Service for the City of Miami Beach, with Two One-Year Options to Renew. Funding: Information Technology Communications Budget Account.

Administration Recommendation: Approve the Award.

(Information Technology)

ACTION: Award authorized. Judy Ford to process contract. Phyllis Koch to handle.

C2F Commission Memorandum No. 542-98

Request for Approval to Award a Contract to Optimum Power & Environment of Florida in the Amount of $59,868, Pursuant to Bid No. 95-97/98 for the Removal and Replacement of Uninterruptible Power Systems (UPS). Funding: Information Technology Department Budget Account.

Administration Recommendation: Approve the Award.

(Information Technology)

ACTION: Award authorized. Judy Ford to process contract. Phyllis Koch to handle.

C2G Commission Memorandum No. 543-98

Request for Approval to Award a One-Year Contract to South Dade Electrical Supply, Inc., in the Estimated Amount of $77,486.50, Pursuant to Bid No. 87-97/98 for Replacement Street Light Poles, with an Option to Renew for a Second Year. Funding: Public Works Budget Account.

Administration Recommendation: Approve the Award.

(Public Works)

ACTION: Award authorized. Judy Ford to process contract. Julio Grave de Peralta to handle.

C2H Commission memorandum No. 544-98

Request for Approval to Award a Two-Year Contract to Jaffer & Associates, Ltd., in the Estimated Amount of $10,000, Pursuant to Bid No. 88-97/00 for Providing Irrigation Services for Various City Departments with an Option to Renew for an Additional Year. Funding: Parks Landscape Division Budget Account.

Administration Recommendation: Approve the Award.

(Recreation, Culture and Parks)

ACTION: Award authorized. Judy Ford to process contract. Kevin Smith to handle.

C2I Commission Memorandum No. 566-98

Request for Approval to Award a Purchase Order to Foliage by Flora-TrueGreen/ChemLawn in the Amount of $36,137, Pursuant to Bid No. 94-97/98 for the Purchase of Twelve (12) "Phoenix Dactylifera Medjool/Zahidi" Palms Including All Material, Equipment and Labor for Planing at Various Locations on Normandy Shores. Funding: Fiscal Year 1996/97 North Beach Quality of Life Account.

Administration Recommendation: Approve the Award.

(Recreation, Culture and Parks)

ACTION: Item separated for discussion. Award authorized. Commissioner Gottlieb requested the Administration to determine if the City is getting a wholesale rate because of the amount of trees the City purchases. Administration to contact the bidder in an attempt to acquire a donation of additional plant materials. Commissioner Cruz expressed concern about the palm tree fruits (dates) on Lincoln Road. Administration to investigate tree skirts as a possible solution. Kevin Smith to handle. Judy Ford to issue a Purchase Order.

C4 - Commission Committee Assignments

C4A Referral to the Community Affairs Committee - Proposal to Rename Ocean Front Park After the Late Marjory Stoneman Douglas.

Recommendation: Refer the matter.

(Requested by Mayor Neisen Kasdin)

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

C4B City Attorney Commission Memorandum No. 567-98

Referral to the Planning Board - Amendments to Chapter 118 of the City Code.

City Attorney's Recommendation: Refer the matter.

(City Attorney's Office)

ACTION: Referred. Dean Grandin to place on committee agenda.

C4C Commission Memorandum No. 545-98

Referral to the Finance and Citywide Projects Committee to Discuss Two Proposed Financing by the City of Miami Beach Health Facilities Authority.

Administration Recommendation: Refer the matter.

(Finance Department)

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

C7 - Resolutions

C7A Commission Memorandum No. 546-98

A Resolution Approving an Amendment to the Lease Agreement between the City and Gloria Miller Rosenthal for the Property Located at 1833 Bay Road, Miami Beach, Florida, and Further Authorizing the Mayor and City Clerk to Execute Said Amendment; Said Amendment, In Part, Increasing the Total Number of Square Feet Included in the Leased Premises and the Total Amount of Rent Due.

Administration Recommendation: Adopt the Resolution.

(Asset Management)

ACTION: Resolution No. 98-22862 adopted. Joe Damien to handle. Commissioner Gottlieb requested a comprehensive listing of all city-owned property which is currently leased to outside entities and a listing of all properties leased by the City. Revenue and cost figures need to be included.

City Clerk’s note: Funding to cover the existing Lease has been obtained via a Federal HIDTA (High Intensity Drug Trafficking Area. The existing annual rental rate is $12.00 per square foot.

C7B Commission Memorandum No. 547-98

A Resolution Authorizing the Mayor and City Clerk to Execute a Lease Agreement between the City and UNIDAD of Miami Beach, Inc., for a Portion of the City-Owned Property Located at 833-6th Street, Miami Beach, Florida, for a Period Not to Exceed Six (6) Months, Beginning on September 9, 1998, and Ending on the Earlier of 1) February 28, 1999, or 2) Two Weeks after the Issuance of a Certificate of Occupancy for the Coral Rock House Project Located at 1701 Normandy Drive, Miami Beach, Florida.

Administration Recommendation: Adopt the Resolution.

(Asset Management)

ACTION: Resolution No. 98-22863 adopted. Joe Damien to handle.

C7C Commission Memorandum No. 548-98

A Resolution Authorizing the Mayor and City Clerk to Execute a Lease Agreement between the City and the Alliance for Media Arts, Inc., for a Portion of the City-Owned Property Located at 201 - 2nd Street, Miami Beach, Florida , for a Nine (9) Month Period, Beginning on September 9, 1998, and Ending on May 31, 1999.

Administration Recommendation: Adopt the Resolution.

(Asset Management)

ACTION: Resolution No. 98-22864 adopted. Joe Damien to handle. Commissioner Gottlieb stated that art related groups should be seeking funding assistance of the Cultural Arts Council rather than the City.

C7D Commission Memorandum No. 549-98

A Resolution Adopting the Miami-Dade County Canvassing Board's Certification of the Results of the City of Miami Beach Special Election Held on September 1, 1998 and Declaring Results Thereof.

Administration Recommendation: Adopt the Resolution.

(City Clerk's Office)

ACTION: Resolution No. 98-228865 adopted. R. Parcher to handle.

C7E Commission Memorandum No. 550-98

A Resolution Accepting Patricia Becerra as a Member of the Personnel Board to Represent Group II Employees.

Administration Recommendation: Adopt the Resolution.

(City Clerk's Office)

ACTION: Resolution No. 98-22866 adopted. R. Parcher to handle.

C7F Commission Memorandum No. 551-98

A Resolution Authorizing the Administration to Issue a Request for Proposals (RFP) for the Purchase of Public Advertisements in a Spanish-Language Periodical, and to Extend the Existing Contract with Art Deco Tropical on a Month-to-Month Basis Until a New Contract is Executed.

Administration Recommendation: Adopt the Resolution.

(City Clerk's Office)

ACTION: Resolution No. 98-22867 adopted. R. Parcher to handle.

C7G Commission Memorandum No. 552-98

A Resolution Authorizing the Mayor and City Clerk to Execute Agreements Necessary to Implement The Community Development Block Grant (CDBG) and Emergency Shelter Grants (ESG) Activities Which Were Approved as Part of the One Year Action Plan for Federal Funds for Fiscal Year 1998/99 as Follows: Nineteen (19) CDBG Sub-Recipient Agreements, Two (2) CDBG Interdepartmental Cooperation Agreements and Three (3) ESG Sub-Recipient Agreements.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Motion made by Commissioner Gottlieb to approve the item with the exception of # 14, page 111, MBCDC - Preservation and Rehabilitation - $220,000 which is deferred to the afternoon; seconded by Commissioner Dermer; Vote 6-0; Absent Mayor Kasdin.

In the afternoon session, Commissioner Dermer made a motion to include the $220,000 for Preservation and Rehabilitation; seconded by Commissioner Shapiro; Vote 6-0; Absent Mayor Kasdin.

Resolution No. 98-22868 adopted. Christina Cuervo to handle.

C7H Commission Memorandum No. 553-98

A Resolution Approving a Non-Substantial Amendment to the 1997/98 One Year Action Plan Component of the City's Consolidated Plan, Reallocating $19,030.50 of Recaptured Fiscal Year 1996/97 Emergency Shelter Grants Program Funds in Equal Amounts of $9,515.25, to Better Way of Miami, Inc. and to Douglas Gardens Community Mental Health Center of Miami Beach, Inc., Respectively, Reallocating $2,803 of Fiscal Years 1995/96 and 1996/97 HOME Investment Partnerships Program Funds to the City's Multi-Family Housing Rehabilitation Program; and Further Authorizing the Mayor and City Clerk to Execute the Amendments to the Agreements between the City and Better Way of Miami, Inc. and between the City and Douglas Gardens Community Mental Health Center of Miami Beach, Inc., Respectively.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 98-22869 adopted. Christina Cuervo to handle.

C7I Commission Memorandum No. 554-98

A Resolution Authorizing the Mayor and City Clerk to Execute the HOME Investment Partnerships (HOME) Program Agreement with Miami Beach Community Development Corporation, in the Amount of $68,050, from the City's Fiscal Year 1998/99 Allocation of HOME Program Funds for Eligible Community Housing Development Organization Operating Expenses in Fiscal Year 1998/99.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 98-22870 adopted. Christina Cuervo to handle.

C7J Commission Memorandum No. 555-98

A Resolution Authorizing the Appropriation of State Housing Initiatives Partnership (SHIP) Program Funds for Fiscal Year 1998/99, in the Amount of $353,051; Fiscal Year 1999/2000, in the Amount of 353,051; and Fiscal Year 2000/2001, in the Amount of 353,051; or the Final Allocation Amount, as Adjusted by the Florida Housing Finance Corporation; Further Authorizing the Appropriation of Any Interest Accrued Thereon, for Eligible Activities Under the Rules of the SHIP Program.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 98-22871 adopted. Christina Cuervo to handle.

C7K Commission Memorandum No. 556-98

A Resolution Authorizing the Administration to Issue a Request for Proposals (RFP) for the Provision of Various Banking Services to the City of Miami Beach, for a Three-Year Period, and to Extend the Existing Contract with Suntrust Bank Miami, NA. on a Month-to-Month Basis Until a New Contract is Executed.

Administration Recommendation: Adopt the Resolution.

(Finance Department)

ACTION: Resolution No. 98-22872 adopted. Judy Ford to issue RFP. Patricia Walker to handle.

C7L Commission Memorandum No. 557-98

A Resolution Authorizing the Reappointment of T.C. Adderly as the Mayor's Designee for the Local Elected Official Seat to the Jobs and Education Partnership (JEP) Regional Board.

Administration Recommendation: Adopt the Resolution.

(Human Resources)

ACTION: Resolution No. 98-22873 adopted. T. C. Adderly to handle.

C7M Commission Memorandum No. 558-98

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute a Professional Services Agreement, In an Amount Not to Exceed $75,000 Per Year, between the City and the Number-One Ranked Proposer, Mount Sinai Medical Center, Pursuant to RFP No. 42-97/02, to Provide Comprehensive Medical Evaluations, Medical Records Retention, Psychiatric Services, an Immunization Program, a Drug and Alcohol Testing Program, a Wellness Program, an Employee Assistance Program, and Workers' Compensation Claims Evaluation and Treatment, for City of Miami Beach Employees and/or Employment Applicants.

Administration Recommendation: Adopt the Resolution.

(Human Resources)

ACTION: Resolution No. 98-22874 adopted. T. C. Adderly to handle.

C7N Commission Memorandum No. 559-98

A Resolution Authorizing the Mayor and City Clerk to Execute a Cooperative Agreement between the United States Department of State, Bureau of Diplomatic Security, and the City of Miami Beach, for the Provision of Extraordinary Protective Security Services for Visiting Foreign Government Officials to the City.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 98-22875 adopted. Chief Barreto to handle.

C7O Commission Memorandum No. 560-98

A Resolution Authorizing the City to Accept Reimbursement of All Salary, Benefits and Overtime Costs for One Lieutenant of Police of the Miami Beach Police Department from the South Florida Interagency Metropolitan Anti-Crime Task Force for the Period Beginning October 1, 1998 and Ending September 30, 1999.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 98-22876 adopted. Chief Barreto to handle.

C7P Commission Memorandum No. 561-98

A Resolution Adopting the Eighth Amendment to the Police Confiscation Trust Fund for Fiscal Year 1997/98, in the Amount of $100,000, to be Funded from the Proceeds of State Confiscated Funds. (To Reimburse the General Fund for Overtime Incurred by the South Florida Impact Task Force During the Third and Fourth Quarters of Fiscal Year 1997/98.)

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 98-22877 adopted. Chief Barreto to handle.

C7Q Commission Memorandum No. 562-98

A Resolution Adopting the Second Amendment to the Budget and Appropriating Funds for the Police Special Revenue - Capital Account for Fiscal Year 1997/98, in the Amount of $7,936, Such Account Funded by Unclaimed Evidence Currently Held in the Police Special Revenue - Capital Account. (For the Installation of a Proximity Card Reader; Lockers for the Ladies and Men's Rest Rooms; Supplies for the Arson Investigators; To Furnish and Install a Glass Door; Two Picnic Tables; and Replacement of Carpet.)

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 98-22878 adopted. Chief Barreto to handle.

C7R Commission Memorandum No. 563-98

A Resolution Calling a Public Hearing on September 23, 1998 at 10:30 a.m., to Consider the City's Conceptual Approval Only, of the Proposed Relocation of 44th Street, between Collins Avenue and Indian Creek Drive, Including, in the Event that the City is Determined to be an Owner of any Adjacent Rights-of-Way Within the Aforestated Area, the Proposed Vacation of Such Property in Favor of Hotelrama Associates. Ltd., as Owners of the Adjacent Property, the Fontainebleau Hilton Resort and Towers, Located at 4441 Collins Avenue; Further Stating that the Subject Public Hearing is to be Held Only for the Purposes of Conceptual Approval, as Set Forth Above, and Shall Not in Any Way Represent Compliance or Satisfaction of the City's Required Vacation Procedures; or of any Procedures Required by Miami-Dade County regarding Replatting of the Subject Property.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 98-22879 adopted. R. Parcher to notice. Julio Grave de Peralta to handle.

C7S Commission Memorandum No. 564-98

Resolutions Authorizing the Mayor and City Clerk to Execute Agreements with the Four Firms Which Submitted Proposals: Curtis & Rogers Design Studio, Inc.; Rosenberg Design Group; Robert M. Mitchell III, ASLA and Savino & Miller Design Studio, Pursuant to Request for Qualifications (RFQ) No. 111-96/98 for Providing Professional Landscape Architectural Services on a Rotational Basis, for Various City Capital Projects Where Basic Construction Cost Does Not Exceed $500,000 Per Project, and for Study Activities for Which the Fee Does Not Exceed $25,000, For a Two-Year Period.

Administration Recommendation: Adopt the Resolution.

(Recreation, Culture and Parks)

ACTION:

Resolution No. 98-22880 adopted - Curtis & Rogers Design Studio, Inc.

Resolution No. 98-22884 adopted - Robert M. Mitchell, III, ASLA

Resolution No. 98-22893 adopted - Rosenberg Design Group

Resolution No. 98-22894 adopted - Savino & Miller Design Studio

Kevin Smith to handle.

C7T Commission Memorandum No. 565-98

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

Administration Recommendation: Adopt the Resolution.

(Recreation, Culture and Parks)

ACTION: Resolution No. 98-22881 adopted. Kevin Smith to handle.

End of Consent Agenda

REGULAR AGENDA

R5 - Ordinances

R5A Commission Memorandum No. 568-98

An Ordinance Amending the Code of the City of Miami Beach, Florida, by Amending Article IV Entitled "Uses in Public Rights-of-Way", Amending Division 2 Entitled "Temporary Obstructions", Amending Section 82-151 Entitled "Permit Required", by Deleting Public Works Insurance Requirements for Filming and Special Events, and by Amending Exemptions to Include Filming and Special Events; Providing for Codification, Repealer, Severability and an Effective Date. First Reading

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

(Arts, Culture and Entertainment)

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

R5B Commission Memorandum No. 569-98

An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance of the City of Miami Beach, Florida, Providing for a 3% Salary Increase Effective September 29, 1997; and a 3% Increase Effective September 28, 1998; and a 3% Increase Effective September 27, 1999; Abolishing the Classification of I.D. Officer; Eliminating the Two Tier Compensation Plan for Those Classifications Represented by the Fraternal Order of Police (FOP) in Accordance with the Negotiated Agreement; Repealing All Ordinances in Conflict; Providing for Severability; and Providing for an Effective Date. First Reading

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

(Labor Relations)

(Deferred from 7/15/98)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Gottlieb; seconded by Commissioner Cruz; ballot vote: 7-0. Second reading and public hearing scheduled for October 7th at 11:00 a.m. R. Parcher to publish notice.

R5C Commission Memorandum No. 570-98

An Ordinance Amending the City of Miami Beach City Code Chapter 110, 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 from $1.80 per Thousand Gallons to $2.16 per Thousand Gallons; Adjusting the Schedule of Rates for the Minimum Monthly Water Service Charge; and Increasing the Sanitary Sewer Service Charge Imposed by the City from $3.43 per Thousand Gallons to $3.65 per Thousand Gallons; Providing for a Repealer, Severability and an Effective Date. First Reading

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

(Public Works)

ACTION: Ordinance approved on first reading. Motion made by Vice-Mayor Liebman; seconded by Commissioner Cruz; ballot vote: 7-0. Second reading and public hearing scheduled for September 23rd at 11:30 a.m. R. Parcher to publish notice. Julio Grave de Peralta to handle.

Commissioner Dermer expressed concern about the high water rates and asked if there is any way that the increase could be prorated over a period of time. The City Manager will provide an answer before the second reading. Commissioner Shapiro requested an explanation of the difference between the rate of $2.43 which is paid by the City to the County and the increased amount of $5.81. Administration to report back at the second reading.

R5D Commission Memorandum No. 571-98

An Ordinance Amending Miami Beach City Code Chapter 90, Entitled "Solid Waste" by Amending Section 133 Entitled "Single Utility Billing", by Adding a Sanitation Commercial Impact Fee; Providing for Codification and Severability; Repealing All Ordinances in Conflict Therewith; and Providing an Effective Date. 11:00 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Sanitation Department)

(First Reading 7/15/98)

ACTION: Public hearing and discussion held. Ordinance No. 98-3135 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Smith; ballot vote: 6-0; Commissioner Dermer absent. Commissioner Cruz stated the revenue raised will be placed in the Sanitation fund to cover any deficit in the account and to enhance sanitation services. Ronnie Singer to handle.

R5E Commission Memorandum No. 607-98 (from the Supplemental Materials) An Ordinance Amending Miami Beach City Code Chapter 90 Entitled, "Solid Waste;" Revising Fine Schedules for Violations by Private Waste Contractors; Revising References to the City's Designated Stash Areas throughout the Chapter to Provide Only for the Bayshore Stash Area; Revising Regulations Pertaining to Franchise Waste Contractors, Including Regulations Pertaining to Servicing Dumpsters, Compactors, and Other Garbage Facilities, Selection of Franchise Waste Contractors, and Renewal Terms of Existing Franchise Waste Contract Licenses; Providing for Codification, Repealer, Severability, and an Effective Date. First Reading

(Sanitation Department)

ACTION: Discussion held. Ordinance approved on first reading. Motion made by Commissioner Cruz; seconded by Commissioner Smith; ballot vote: 7-0. Adoption of this ordinance offers the Administration better negotiation leverage to negotiate with the five (5) existing franchisees. Administration to report back to the Commission in 60 days. Existing contracts to be extended for 30-60 days. Second reading and public hearing scheduled for September 23rd at 3:00 p.m. R. Parcher to notice. Ronnie Singer to handle. Charles Burkett stated that the Chamber of Commerce would like to include their input. Jo Asmundsson also requested to be a part of the process.

R5F Commission Memorandum No. 572-98

An Ordinance Amending Chapter 106, Entitled "Traffic and Vehicles" Article VI, Entitled "Towing and Immobilization of Vehicles" of Miami Beach City Code, Amending Section 106-269, Entitled "Immobilization"; Requiring Private Property Owners Engaged in Immobilization of Unauthorized Vehicles on Private Property to Obtain an Occupational License; Enacting Regulations Pertaining to Immobilization of Unauthorized Vehicles; Requiring Notice; Setting Rates; Requiring Insurance; Setting Record-Keeping Procedures; Amending Appendix "A" Entitled "Fee Schedule" of Miami Beach City Code to Include Immobilization Service; Amending Same to Prohibit Rebate or Payment of Money or Other Valuable Consideration from Contractor and Providing Contractor to Respond Within 20 Minutes to Locations with 25 or less Spaces and for Police Notification; Establishment of an Administrative Fee of $10.00 per Verified Call to the Police Department; Requiring Express Authorization by Property Owner Prior to Immobilization; Providing Contractor to Maintain an Attendant on Premises at All Locations with 26 or More Spaces; Requiring Identification Tags to Be Worn and Identification on Contractor’s Vehicles; Prohibiting Use of Words "Enforcement", "Department", "Police", or "Parking"; Providing for Citizen Complaints and Amending Section 106-270, Entitled "Penalties"; Providing for Repealer, Severability, Codification, and an Effective Date. 3:30 p.m. Public Hearing, Second and Final Reading

Recommendation: Adopt the Ordinance.

(Requested by Vice-Mayor Nancy Liebman)

(First Reading 6/17/98 - Opened and Continued from 7/15/98)

ACTION: Public hearing opened and continued. Motion to continue made by Commissioner Cruz; seconded by Commissioner Smith; voice vote: 7-0. Public hearing continued to September 23rd at 3:30 p.m. Administration to address the following concerns raised at the public hearing: 1) the fees charged; 2) the twenty(20)-minute response time; 3) rebates to clients; and 4) required attendant at lots with 26 or more spaces. Jackie Gonzalez to handle.

Handout: Letter from Al Cardenas to Sergio Rodriguez dated September 8, 1998 RE: Towing. Enclosed chart of booting fees on private property

R5G Memorandum from Vice-Mayor Nancy Liebman

An Ordinance Amending Chapter Two Entitled "Administration, Boards, Committees, Commissions" by Amending Section 2-22 Thereof by Amending the Requirements for Membership on an Agency, Board or Committee to Require a Proprietary Interest in a Business Established in the City for a Minimum of Two Years; Providing for Codification, Severability, and an Effective Date. First Reading

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

(Requested by Vice-Mayor Nancy Liebman)

(Deferred from 7/15/98)

ACTION: Deferred. Judy Hoanshelt to place on the September 23rd agenda.

R5H Memorandum from Commissioner Martin Shapiro

An Ordinance Prohibiting the Miami Beach Redevelopment Agency from Using Moneys Deposited to or Held in Said Agency's Redevelopment Trust Funds, Created Pursuant to Section 163.387, Florida Statutes, to Finance Privately-Owned Projects; Repealing All Ordinances and Resolutions in Conflict Herewith; Providing for Severability; Codification; and Providing for an Effective Date. Joint City Commission and Redevelopment Agency.

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

(Requested by Commissioner Martin Shapiro)

ACTION: See action RDA item 3A. (Motion made by Commissioner Shapiro to approve the resolution; seconded by Commissioner Cruz. No vote taken.)

Commissioner Gottlieb requested the question of whether the City needs the RDA be directed to the Mayor’s Economic Council for consideration.

Motion made by Commissioner Smith; seconded by Commissioner Gottlieb to refer the item to the Finance and Citywide Projects Committee; vote 5-2; Opposed (Commissioners Dermer and Shapiro). Patricia Walker to place on the committee agenda.

Commissioner Cruz stated that a comprehensive financial report of the RDA needs to be done. Commissioner Smith suggested that general obligation bonds could be issued to payoff one or more of the RDA obligations.

R5I Memorandum from Commissioner Martin Shapiro

Disclosure of Payments to Halt Objections to Projects.

1. City Attorney Commission Memorandum No. 573-98

Disclosure of Payments to Halt Objections to Projects (Applications to Land Use Boards).

City Attorney's Recommendation: Refer item to the Planning Board.

(Requested by Commissioner Martin Shapiro)

(Hear in Conjunction with R9G)

ACTION: Heard in conjunction with R9G. Discussion held. City Attorney to draft legislation to address the issue(s) and the concerns raised by Commissioners Shapiro, Dermer and Smith. To refer the draft legislation to the Planning Board, if required.. City Attorney directed to do whatever is legally required to proceed with the ordinance. Dean Grandin and the Legal Department to handle.

R6 - Commission Committee Reports

R6A Commission Memorandum No. 574-98

Report on the Finance and Citywide Projects Committee Meeting of July 6, 1998: 1) Report on the Bass Museum Expansion and Renovation Project; 2) Status Report on Pending Sanitation Financial Issues; 3) Discussion and Recommendation of Retirement System for General Employees - Request for Cost of Living Increases for Pre 10/01/91 Retirees; 4) Request for Approval to Award a Contract to Weiss & Woolrich Southern Enterprises, Inc. in the Amount of $7,245,000, Pursuant to Bid No. 44-97/98 for Roof Repair/Replacement at the Miami Beach Convention Center and the Jackie Gleason Theater of the Performing Arts, Funding; 5) A Resolution Authorizing to Approve and Appropriate Funding Necessary for the Capital Projects Plan for the Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts for the Fiscal Year Ending September 30, 1998 in the Amount of $8,410,000 to be Transferred from the General Fund Reserve for Capital Improvements; 6) A Resolution Approving the City of Miami Beach Golf Courses Schematic Design and Authorization for the Administration to Prepare a Financing Proposal for the Project Costs.

(Deferred from 7/15/98)

ACTION: Not reached. Judy Hoanshelt to place on the September 23rd agenda.

R6B Verbal Report on the Finance and Citywide Projects Committee Meeting of September 3, 1998: 1) Report on the Bass Museum Expansion and Renovation Project; 2) Discussion, Expiring Commercial Franchise Agreements with Solid Waste Haulers (October 18, 1998) and Residential Contract/Bay Shore Stash Site; 3) Discussion of Progress Toward Financing from the Private Sector for Sprinkler Loan Program; 4) Status Report on Golf Course Project; 5) Proposed Physical Improvements to Washington Avenue as Part of Washington Avenue Task Force Recommendations; 6) Review of Proposed Water and Sewer Rates to be Effective October 1, 1998.

ACTION: Not reached. Judy Hoanshelt to place on the September 23rd agenda.

R6C Commission Memorandum No. 575-98

Report on the Neighborhoods Committee Meeting of July 14, 1998: 1) Discussion regarding Proposed Improvements to the Orchard Park Neighborhood (42nd Street from Prairie Avenue to Pine Tree Drive); 2) Discussion regarding the North Bay Road Traffic Intrusion Study Final Report by Carr-Smith Corradino, the City Consultant.

(Deferred from 7/15/98)

ACTION: Not reached. Judy Hoanshelt to place on the September 23rd agenda.

R7A Commission Memorandum No. 576-98

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute a Lease Agreement with Sprint Spectrum L.P., Pursuant to Invitation to Bid No. 75-97/98, to Lease Space at Fire Station 2, for Mounting Antennae and for the Placement of Telecommunications Equipment, in the Amount of $18,000 Per Year, to Be Paid to the City; and Rejecting the Bid Submitted by Bell South Mobility for the Historic City Hall Site; Further Waiving, by 5/7ths Vote, the Appraisal Requirement Pursuant to Ordinance No. 92-2783, Finding Such Waiver to Be in the Best Interest of the City. 10:30 a.m. Public Hearing

Administration Recommendation: Adopt the Resolution.

(Asset Management)

(Continued from 7/15/98)

ACTION: Public hearing held. Resolution No. 98-22882 adopted. Motion made by Commissioner Smith; seconded by Commissioner Cruz; voice vote: 7-0. Joe Damien to handle.

R7B Commission Memorandum No. 606-98

A Resolution Approving the Washington Avenue Streetscape Project and Financing Plan and Appropriating Said Funds.

(City Manager's Office)

(See Supplemental Materials)

ACTION: Resolution No. 98-22883 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Dermer; voice vote: 7-0. Ronnie Singer and Patricia Walker to handle. Approve the project and financing plan according to the submitted plan. Administration to investigate and report on all possible funding mechanisms to expedite the project. Administration to report on the appropriateness and cost of adding pedestrian knuckles. Administration to include the projected cost of operations and maintenance.

City Clerk’s note: Project total $2,793,220. Streetscape to include 5th Street to 16th Street.

R7C Commission Memorandum No. 600-98

1. A Resolution Approving a Concept Plan for the Parcels Known as SSDI North and SSDI South; Amending Paragraph 5 of the Settlement Agreement by and among the City of Miami Beach, the Miami Beach Redevelopment Agency and West Side Partners, Ltd., Which Was Approved by the City on April 15, 1998, So That the Approved 1998 Concept Plan Will Govern in the Event of Any Conflict Between Said Concept Plan and the Zoning Regulations in Effect at the Time of the Approval of the 1986 Development Agreement, as Defined in the Above-Noted Settlement Agreement; and Providing an Effective Date. Joint City Commission and Redevelopment Agency

2. A Resolution Approving (1) Release and Consent, (2) Termination Agreement, (3) Parking License, (4) Improvements License, (5) Waiver of Riparian Rights, (6) Grant of Baywalk Easement, (7) Satisfaction of Mortgage and Judgments, (8) Grant of Easements (150 Foot Easement Area), (9) Release of Access and Utility Easements, (10) Access and Utility License and Removal Agreement, (11) Release of Easement, (12) Grant of Easement for SSDI South Drop-Off Parking and Access Easement Agreement, (13) Staging Area License; (14) Pump Station Removal Agreement, (15) Lease Agreement (Yacht Club Garage), and (16) Lease Agreement (701-725 5th Street); Approving the Form of an Agreement for the Purchase and Sale of the Alaska Parcel; and Providing an Effective Date. Joint City Commission and Redevelopment Agency

(Community/Economic Development)

(Distributed Under Separate Cover)

ACTION:

1. Heard in conjunction with RDA item 3B(1). Item deferred. Motion made by Commissioner Cruz; seconded by Commissioner Smith; Voice vote 5-2; Opposed ( Vice Mayor Liebman and Commissioner Gottlieb). Judy Hoanshelt to place on the September 23rd agenda.

2. Heard in conjunction with RDA item 3B(2). Item deferred. Motion made by Commissioner Cruz; seconded by Commissioner Smith; Voice vote 5-2; Opposed ( Vice Mayor Liebman and Commissioner Gottlieb). Judy Hoanshelt to place on the September 23rd agenda.

Administration, Portofino, and the public to review the concept plan. Janet Gavarrete to handle.

Handout:

1. Copy of the 1998 Concept Plan (SSDI North & South) - distributed before the Commission meeting.

2. Copy of the 1998 Concept Plan (SSDI North & South) - distributed during the Commission meeting.

R7D Commission Memorandum No. 601-98

A Resolution Approving the South Pointe Streetscape Plan. Joint City Commission and Redevelopment Agency

(Community/Economic Development)

(Distributed Under Separate Cover)

ACTION: See action RDA-3C. Judy Hoanshelt to place on September 23rd agenda.

R7E Commission Memorandum No. 577-98

A Resolution Approving and Adopting a Proposed Fiscal Year 1998/99 Operating Budget for The Electrowave Circulator Shuttle Service, in the Amount of $1,611,469; Authorizing the Appropriation of $438,000 in Miami Beach Resort Tax Funds, Plus $12,000 in Carry-Over Funds, to Cover the City's 27.9% Share of the 1998/99 Funding Packet for Operations; Which Packet Also Includes a New Contribution of $300,000 Plus $808,969 in Carry-Over Funds from the Florida Department of Transportation, at 68.8%; a $12,500 Grant from the International Cities for Local Environmental Initiatives, and $40,000 in Projected Advertising Revenues, Which Jointly Account for the Remaining 3.3%; and, Further Appropriating All Funds, When Received.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 98-22885 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Smith; voice vote: 7-0. Administration to examine the park-and-ride component of the program. Commissioner Dermer requested the Administration to prepare a projection on where it thinks the Electrowave project will be in the next two (2) years or so. Christina Cuervo to handle.

R7F Commission Memorandum No. 578-98

A Resolution Authorizing the City to Initiate the Process Required to Receive Approximately $992,500 in Federal Transit Agency (FTA) Section 3 Funds, Which Were Earmarked in Fiscal Year 1996/97 for Electrowave Shuttle Capital Purchases; Accepting from the Florida Department of Transportation a $248,125 "Soft" Match to These FTA Funds, Using State Toll Revenue Credits; Endorsing The City's Intent to Use the FTA Funds to Purchase Four (4) Additional Electrowave Vehicles and Support Equipment to Serve as "Rolling Stock"; and Further Appropriating the FTA Funds When Received.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 98-22886 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Gottlieb; voice vote: 7-0. Administration to seek Commission approval before purchasing any additional Electrowave vehicles as it relates to R7C. Christina Cuervo to handle.

R7G Commission Memorandum No. 579-98

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute a Professional Services Agreement with the Miami Beach Transportation Management Association (MBTMA), to Continue to Provide Transportation Management Services to Miami Beach; and Further Authorizing a Lump-Sum Contribution of $50,000 Toward the MBTMA Operating Budget, Utilizing Funds Provided for the Purpose in the Proposed Fiscal Year 1998/99 Parking Enterprise Fund Budget.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 98-22887 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Cruz; voice vote: 7-0. Christina Cuervo to handle.

R7H Commission Memorandum No. 580-98

A Resolution Authorizing the Mayor and City Clerk to Approve New Rental Rates for the Miami Beach Convention Center, Effective October 1, 1998, for New Business, and to be Phased in as Negotiated with Existing Clients.

Administration Recommendation: Adopt the Resolution.

(Convention Center)

ACTION: Discussion held. Resolution No. 98-22888 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Smith; voice vote: 6-0; Mayor Kasdin absent. Vice-Mayor Liebman requested a projection of the amount of resort tax revenue which will be raised because of the Loews Hotel and other Convention Center hotels. Mayra Diaz Buttacavoli to handle.

R7I Commission Memorandum No. 581-98

A Resolution Authorizing the Filing of an Application for a Grant, and, if Funded, Authorizing the Budgeting and Expenditure of Funds, Under the United States Department of Justice, "Local Law Enforcement Block Grant" Program. ($502,747)

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 98-22889 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Smith; voice vote: 7-0. Chief Barreto to handle.

R7J Commission Memorandum No. 582-98

A Resolution Appropriating $570,000 from Reallocated Bond Fund 351 into a Work Order to Implement Improvements and Programs in Accordance with the Terms of the Settlement between the City of Miami Beach and the Association for Disabled Americans, Inc., the Florida Paraplegic Association, Ernst Rosenkrantz and Daniel Ruiz, regarding the Implementation of the Americans with Disabilities Act (ADA) Standards within Various City Facilities, Programs and Services.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 98-22890 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Smith; voice vote: 7-0. Brad Judd to handle.

R7K Commission Memorandum No. 583-98

A Resolution Authorizing the Mayor to Execute an Underground Electric Transmission Facilities Agreement with Florida Power & Light Company for the Construction of an Underground Electric Transmission Line Between the 40th Street Substation and the Venetian Substation; Authorizing the Issuance of Not Exceeding $4,000,000 Non-Ad Valorem Revenue Note, Series 1998 to Finance a Contribution in Aid of Construction of Said Underground Electric Transmission Line; Covenanting to Annually Budget and Appropriate Funds from Legally Available Non-Ad Valorem Revenues to Repay Such Note; Prescribing the Form, Terms and Details of Such Note; Awarding the Note to Florida Power & Light Company, by Negotiated Sale; Making Certain Covenants and Agreements in Connection Therewith; Granting an Easement for the Construction of Said Underground Electric Transmission Line; Providing for Appraisal of the Value of Said Easement and for Any Moneys Received from the Grant of Such Easement to Be Used to Offset the Cost of the Said Contribution-In-Aid-Of-Construction; and Providing an Effective Date.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 98-22891 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Cruz; voice vote: 7-0. Julio Grave de Peralta to handle.

R7L Commission Memorandum No. 584-98

A Resolution Establishing Guidelines for Fee Reductions for Youth Participating in the Recreation, Culture and Parks Summer Camp, After School and Athletic League Programs; Such Reductions Not to Exceed 50% of the Established Program Registration Fee.

Administration Recommendation: Adopt the Resolution.

(Recreation, Culture and Parks)

(Deferred from 7/15/98)

ACTION: Discussion held. Item deferred. Mayor Kasdin suggested that the item be referred to the Parks and Recreational Facilities Board. Commissioner Gottlieb requested that other sources of funding such as grants and scholarships be investigated as possible sources. Commissioner Smith requested the Administration to investigate increasing the team sponsorship fee. Commissioner Liebman requested that an endowment program be researched. Kevin Smith to handle.

R7M Commission Memorandum No. 585-98

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute a Service Agreement with Onyx Florida, LLC, as the Local Entity Established by Montenay Power Corporation, for an Initial Term of Two Years, to Provide Residential Solid Waste and Yard and Trash Collection and Disposal, Pursuant to the Award of Request for Proposals (RFP) No. 53-97/99.

Administration Recommendation: Adopt the Resolution.

(Sanitation Department)

(Hear in Conjunction with R8B)

ACTION: Resolution No. 98-22892 adopted. Motion made by Commissioner Gottlieb; seconded by Vice-Mayor Liebman; voice vote: 7-0. Contract with Onyx on the Stash Site to be negotiated with a report to be given to the Commission at the next meeting. Commissioner Gottlieb emphasized that a smooth transition between garbage haulers must take place. Residents need to be advised of the switch in order to avoid possible service problems. Ronnie Singer to handle.

R8 - Old Business

R8A Commission Memorandum No. 586-98

Placement of a Monument on Behalf of Jorge Mas Canosa.

Administration Recommendation: Review the proposal requesting approval to place a monument of Jorge Mas Canosa on Miami Beach, and provide the Administration with direction and input as to how to proceed.

(City Manager's Office)

(Deferred from 7/15/98)

ACTION: Deferred to October 7th. Judy Hoanshelt to place on the agenda and assign a time certain.

Handout: Letter from Richard H. Rosichan dated September 8, 1998

R8B Verbal Report on Residential Solid Waste Contract Negotiations with Low Bidder, Montenay Power Corp. Vis-A-Vis Operation of Bayshore Stash Site.

(Sanitation Department)

(Hear in Conjunction with R7M)

ACTION: Verbal report given in conjunction with R7M. Commissioner Shapiro directed the Administration to work with the residents who live near the stash site. Administration to include a provision in the stash site contract to rescind the contract if the operator violates the noise or usage after hours criteria. Ronnie Singer to handle.

R9 - New Business and Commission Requests

R9A Commission Memorandum No. 587-98

Board and Committee Appointments for the Meeting of September 9, 1998.

(City Clerk's Office)

ACTION:

Fine Arts Board Penny Kahn appointed by Commissioner Dermer.

Safety Committee Ron Brenesky appointed by Commissioner Cruz.

Homeless Committee Mitchell Korus appointed by Mayor Kasdin.

R. Parcher to notify.

See item R9D for appointments to the Loan Review Committee..

Judy Hoanshelt to schedule a one-hour Board and Committee session for the October 7th Commission meeting. The issue of attendance and residency may be discussed.

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

ACTION:

1) Alan Rosenblum, representing Miami Beach Convenience Store and Gasoline Station Owners, reading a prepared statement, opposed the recently adopted City ordinance which limited the hours of sale of alcoholic beverages for off-site consumption and that the businesses were not give the proper due process in order to air opinions regarding this change. Subsequently, Commissioner Dermer requested the Administration to look at whether or not there is evidence (arrest reports) to suggest if there has been a decline in public disorder. Chief Barreto to handle. 2) Gertrude Miller questioned the status of: a: the Carlos Zapata sculpture which was to be placed at Lincoln Road and Washington Avenue to serve as an automated directory information for tourists (Julio Grave de Peralta to handle); b) the petition presented to the Public Works Department asking for a 4-way Stop Sign on the corner of 18th Street and James Avenue and to repair the sidewalks on James Avenue in back of the San Juan Hotel and the parking lot of the Surfcomber Hotel (Julio Grave de Peralta to handle). Commissioner Gottlieb directed the City Manager to find out what the status of the stop sign is and notify the Commission, the status of the sidewalk on James Avenue and a report on the Zapata sculpture. Vice-Mayor Liebman advised that funding has been appropriated for the sculpture and will be installed in October and that the RFP for the automated directory should be drafted. 3) Umar Farook spoke in opposition of the recently adopted ordinance which limited the hours of sale of alcoholic beverages. 4) Alexandra Papagergiou spoke in opposition of the recently adopted ordinance which limited the hours of sale of alcoholic beverages. 5) Henry Kay expressed concern on: a) the garbage fees; b) the removal of the 63rd St. overpass; c) speeding between 59th and 63rd Streets and requested police radar stations in that area (Chief Barreto to handle); c) a parking garage project on 6000 Indian Creek Drive before the Design Review Board which was not submitted for FEMA approval in order to meet the down zoning procedures timeframe. Mr. Kay thanked the City Manager and staff for the assistance that he had received with permission to tape a condominium living showing for cable tv. 6) Jo Asmundsson questioned the status of the construction contract for the 42nd St. Garage. According to the contract, work was to begin on May 1st, but did not start until August 2nd and expressed concern that the delay would impact on boat show parking and asked if there is a penalty clause in the contract. Jackie Gonzalez to handle. 7) Franklin Zavala-Velez complained about the sale of drug paraphernalia in the City. Chief Barreto to handle. 8) Howard Kaufman spoke on the advertised recreation program for a tennis program for handicapped children. Kevin Smith to handle.

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

ACTION: Not reached.

R9C Commission Memorandum No. 588-98

Parking on Lincoln Court/Follow-Up.

Administration Recommendation: Prohibit on-street parking on Lincoln Court to ensure emergency vehicle access (public safety).

(Requested by Commissioner Martin Shapiro)

(Deferred from 7/15/98)

ACTION: Not reached. Judy Hoanshelt to place on September 23rd agenda.

R9D Commission Memorandum No. 589-98

Commission Appointment of Members to the Loan Review Committee

(Deferred from 7/15/98)

ACTION: Appointments made:

Loan Review Committee James Gleason (Private Lender) appointed by the City Commission.

Phillip Brazlavsky (South Beach) appointed by the City Commission.

R. Parcher to notify.

Handouts: Ballots.

R9E Discussion Regarding the Effect of New Federal and County Jet-Ski Regulations upon Miami Beach's Waterways.

(Requested by Commissioner David Dermer)

(Deferred from 7/15/98)

ACTION: Discussion held. Commissioner Dermer and the City Attorney to work together in drafting legislation to address controlling or prohibiting jet skiing in the Biscayne Bay portion of Miami Beach. Use the Monroe County ordinance as a model. Administration will identify enforcement needs and requirements and a source of funding.

R9F Discussion/Update of the Progress of the City's Negotiation with the Greater Miami Convention and Visitors Bureau with regard to the Interlocal Agreement.

(Requested by Commissioner Susan Gottlieb)

ACTION: City of Miami Beach contributes approximately $6 million annually to the GMCVB. City Manager and GMCVB to meet on September 18 (day after the County budget hearing) to discuss reduction in the City’s contribution and to develop a recurring source of funding from Miami-Dade County to eliminate annual budget problems.

Handout: 2% Resort Tax-Miami Beach FY 97/98. Given to the City by the GMCVB.

R9G Discussion regarding the Miami Herald Article of August 14, 1998 about Settlement Agreements with Adjacent Property Owners.

(Requested by Commissioner Jose Smith)

(Hear in Conjunction with R5I)

ACTION: Heard in conjunction with item R5I.

R9H Discussion regarding the Removal of the 63rd Street Fly-Over.

(Mayor Neisen Kasdin)

ACTION: Discussion held and public comments heard. At the recommendation of Mayor Kasdin, a motion was made by Commissioner Smith, seconded by Commissioner Cruz, to refer this item to the Neighborhoods Committee; voice vote, 7-0. Ronnie Singer to schedule a meeting, within 30-days, of the Committee, FDOT, and the residents to discuss the sole question of the fly-over. In addition, FDOT to address the maintenance of the current fly-over.

R9I Discussion regarding Hiring a Pension Consultant to Explore How the City Can Reduce Its Pension Costs.

(Requested by Commissioner Martin Shapiro)

ACTION: Not reached. Judy Hoanshelt to place on the September 23rd agenda.

R9J Commission Memorandum No. 590-98

Police/Citizen Relations Committee Memorandum regarding City of Miami Beach 911 Service.

ACTION: Susan Smith, representing the CWA union, expressed her concern that E-911 staff were leaving the City and going to the County because of increased pay and benefits. She requested the Administration negotiate with the CWA union. No discussion was held on the item. Dick Bender to handle.

R9 - New Business and Commission Requests

R9K Presentation by David Kelsey, President, South Beach Hotel and Restaurant Association, on the Need for Year-Round Tourism and the Current and Future Use of Resort Tax.

(Requested by Mayor Neisen Kasdin)

ACTION: Not reached. Judy Hoanshelt to place on the September 23rd agenda.

R10 - City Attorney Reports

R10A Oral Report regarding Portofino, 5th Street Lease.

(City Attorney's Office)

(Deferred from 7/15/98)

ACTION: Not reached. Judy Hoanshelt to place on the September 23rd agenda.

R10B Closed Executive Session.

Pursuant to Section 768.28, 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 the following matter:

Claim of Jorge Castellanos, as Personal Representative of the Estate of Maria I. Castellanos and the six minor Castellanos children vs The City of Miami Beach.

The following individuals will be in attendance: Mayor Neisen Kasdin; Members of the Commission: Simon Cruz, David Dermer, Susan Gottlieb, Nancy Liebman, Martin Shapiro and Jose Smith; City Attorney Murray H. Dubbin, City Manager Sergio Rodriguez, and Chief Deputy City Attorney Donald Papy, First Assistant City Attorney Judith Weinstein, Executive Assistant to the City Manager/Risk Manager Richard Bender.

ACTION: The Closed Executive Session was announced and held.

End of Regular Agenda

Reports and Informational Items

A City Attorney Commission Memorandum No. 591-98

City Attorney's Status Report

(City Attorney's Office)

ACTION: Written report submitted.

B Commission Memorandum No. 592-98

Status Report on the Cultural Campus.

(City Manager's Office)

ACTION: Written report submitted.

C Commission Memorandum No. 593-98

Parking Status Report.

(Parking Department)

ACTION: Written report submitted.

D Commission Memorandum No. 594-98

Public Hearings Before the September 17, 1998 Planning Board Meeting are as Follows: 1) Happy Kids Childcare and School, Requests Conditional Use Approval in Order to Operate a School for a Maximum of 92 Children at 7134 Byron Avenue; 2) Yachting Promotions Inc., Requests Conditional Use Approval for the Installation of Temporary Floating Docks and Pilings Adjacent to the Existing Seawall of the Indian Creek Waterway at 4001 through 4141 Indian Creek Drive and 4300 through 5005 Collins Avenue for the Display and Sale of Pleasure Yachts During the Brokerage Yacht Show; 3) 320 Associates, Inc., Requests Conditional Use Approval in Order to Operate a Neighborhood Impact Establishment with an Occupant Content in Excess of 300 Persons at 320 Lincoln Road; 4) Center City Parking, Requests Conditional Use Approval in Order to Operate a Commercial Parking Lot, for Valet and Self Parking, Operating After Midnight, and Within 100 Feet of a Residential Use or Residential District, at 446 Collins Avenue.

(Planning Department)

ACTION: Written report submitted.

E Commission Memorandum No. 595-98

Alton Road Corridor (6th to 16th Streets) Traffic Mitigation Plan.

(Planning Department)

ACTION: Written report submitted.

F Commission Memorandum No. 596-98

Status Update on the Venetian Causeway East Bascule Bridge.

(Public Works)

ACTION: Written report submitted.

G Commission Memorandum No. 597-98

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

(Public Works)

ACTION: Written report submitted.

H Commission Memorandum No. 598-98

Report on the MacArthur Causeway Median Guardrail Project by the Florida Department of Transportation.

(Public Works)

ACTION: Written report submitted.

I Commission Memorandum No. 599-98

Report on the Blue Ribbon Committee Meetings regarding the Miami Beach Convention Center and the Jackie Gleason Theater of the Performing Arts Roofs.

(Public Works)

ACTION: Written report submitted.

Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

September 9, 1998 - 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 Harry Mavrogenes

Assistant Director Mayra Diaz Buttacavoli

General Counsel Murray H. Dubbin

Secretary Robert E. Parcher

AGENDA

1. ROLL CALL

2. OLD BUSINESS

A. Redevelopment Agency Memo No. 98-30

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: Verbal status report presented. Commissioner Gottlieb expressed her disappointment that only 47% of the retail space is presently leased. She requested the Administration and Loews place priority on leasing the retail space. Christina Cuervo to handle.

3. NEW BUSINESS

A. Memorandum from Commissioner Martin Shapiro

A Resolution of the Chairman and Members of the Miami Beach Redevelopment Agency Prohibiting Said Agency from Using Moneys Deposited to or Held in Said Agency's Redevelopment Trust Funds, Created Pursuant to Section 163.387, Florida Statutes, to Finance Privately-Owned Projects; Repealing All Resolutions in Conflict Herewith; Providing for Severability; and Providing for an Effective Date. Joint City Commission and Redevelopment Agency.

(Requested by Commissioner Martin Shapiro)

ACTION: Motion made by Commissioner Shapiro to approve the resolution; seconded by Commissioner Cruz. No vote taken.

Commissioner Gottlieb requested the question of whether the City needs the RDA be directed to the Mayor’s Economic Council for consideration.

Motion made by Commissioner Smith; seconded by Commissioner Gottlieb to refer the item to the Finance and Citywide Projects Committee; vote 5-2; Opposed (Commissioners Dermer and Shapiro). Patricia Walker to place on the committee agenda.

Commissioner Cruz stated that a comprehensive financial report of the RDA needs to be done. Commissioner Smith suggested that general obligation bonds could be issued to payoff one or more of the RDA obligations.

B. Redevelopment Agency Memo No. 98-31

1. A Resolution of the Chairman and Members of the Miami Beach Redevelopment Agency Approving a Concept Plan for the Parcels Known as SSDI North and SSDI South; Amending Paragraph 5 of the Settlement Agreement by and among the City of Miami Beach, the Miami Beach Redevelopment Agency and West Side Partners, LTD., Which Was Approved by the Agency on April 15, 1998, So That the Approved 1998 Concept Plan Will Govern in the Event of Any Conflict Between Said Concept Plan and the Zoning Regulations in Effect at the Time of the Approval of the 1986 Development Agreement, as Defined in the Above-Noted Settlement Agreement; and Providing an Effective Date.

2. A Resolution of the Chairman and Members of the Miami Beach Redevelopment Agency Approving (1) Release and Consent, (2) Termination Agreement, (3) Parking License, (4) Improvements License, (5) Waiver of Riparian Rights, (6) Satisfaction of Mortgage and Judgments, (7) Grant of Easements (150 Foot Easement Area), (8) Grant of Easement for SSDI South Drop-Off Parking and Access Easement Agreement, and (9) Lease Agreement (Yacht Club Garage); Approving the Form of an Agreement for the Sale and Purchase of the Alaska Parcel; and Providing an Effective Date. Joint City Commission and Redevelopment Agency.

(Distributed Under Separate Cover)

ACTION:

1. Heard in conjunction with Commission item R7C(1). Item deferred. Motion made by Commissioner Dermer; seconded by Commissioner Cruz; voice vote: 5-2; Opposed ( Vice Mayor Liebman and Commissioner Gottlieb).

2. Heard in conjunction with Commission item R7C(2). Item deferred. Motion made by Commissioner Dermer; seconded by Commissioner Cruz; voice vote: 5-2; Opposed ( Vice Mayor Liebman and Commissioner Gottlieb).

Administration, Portofino, and the public to review the concept plan. Janet Gavarrete to handle. Judy Hoanshelt to place on September 23rd agenda.

C. Redevelopment Agency Memo No. 98-32

A Resolution Approving the South Pointe Streetscape Plan. Joint City Commission and Redevelopment Agency.

(Distributed Under Separate Cover)

ACTION: Heard in conjunction with Commission item R7D. Motion made by Vice-Mayor Liebman; seconded by Commissioner Cruz approving the streetscape project for 1st Street and 3rd Street and to replenish the Parks Bond Fund with $1.192 million. No vote taken.

Motion by Commissioner Gottlieb, seconded by Commissioner Dermer, to defer the item for two weeks until the Portofino Concept plan is resolved; vote 7-0. Judy Hoanshelt to place on the September 23rd agenda.

D. Redevelopment Agency Memo No. 98-33

A Resolution Adopting Operating Budgets for South Pointe and City Center Redevelopment Areas for Fiscal Years 1998/99.

ACTION: Commissioner Dermer questioned the $275,000 construction fund budget amount on page 23 of the RDA agenda (Library Purchase of Condo Unit). Resolution No. 300-98 adopted as amended to approve the budget separating out of the budget the $275, 000 identified above. Motion made by Vice- Mayor Liebman; seconded by Commissioner Cruz; voice vote 7-0. Christina Cuervo and Patricia Walker to handle.

E. Redevelopment Agency Memo No. 98-34

A Resolution Adopting Amended Budgets for the South Pointe and City Center Redevelopment Areas for Fiscal Year 1997/98.

ACTION: Resolution No. 301-98 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Gottlieb; voice vote 7-0. Christina Cuervo and Patricia Walker to handle.

End of Agenda

The Commission meeting was adjourned at 9:32 p.m.