City of Miami Beach - City Commission Meeting
Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
September 23, 1998

 

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

Call to Order - 9:00 a.m.

Inspirational Message and Pledge of Allegiance

Requests for Additions, Withdrawals, and Deferrals

City Clerk Notes: Documents associated with this meeting:

1. Agenda package - Additional maps (inserted) - R5D (filed in Handouts folder)

2. Portofino:

I) City Commission Item - R7B

II) Portofino RDA Item - 3B

1998 Concept Plan/Site Plans (inserted) (filed in Handouts folder)

3. Report of Itemized RDA Revenues and Expenditures - 3A

4. Budget Items - R7d, R7E, R7F

5. Supplemental Materials - C7G, C7J, R5B, R7A, R7G1

PA - Presentations and Awards

PA1 Presentation by the WAGES Coalition, Miami-Dade Chapter, on the Welfare-to-Work Program.

ACTION: Presentation made.

PA2 Certificate of Appreciation to be Presented to Police Officer Kenneth Matthew for Going That Extra Mile by Assisting a Tourist.

(Requested by Mayor Neisen Kasdin)

ACTION: Certificate presented.

PA3 Certificate of Appreciation to be Presented to Police Major Don De Lucca, Patrol Division Commander, Who Graduated from Northwest University Traffic Institute's School of Police Staff and Command.

(Requested by Mayor Neisen Kasdin)

ACTION: Certificate presented.

PA4 Certificate of Appreciation to be Presented to Darwin Camejo for Saving a Man's Life.

(Requested by Mayor Neisen Kasdin)

ACTION: Certificate presented.

PA5 Certificate of Appreciation to be Presented to Karen Vanni Wall, Miami Beach Parking Enforcement Officer, Recognizing Her Positive and Courteous Attitude.

(Requested by Mayor Neisen Kasdin)

ACTION: Certificate Presented

PA6 Presentation to the Mayor and City Commission of a Check in the Amount of $90,846.05 from Florida Power and Light, for Rebate Incentives Received for Energy Conservation Measures Completed by the City of Miami Beach in 1998.

(Property Management)

ACTION: Presentation made. Patricia Walker to process the rebate check.

PA7 A Proclamation to be Presented to Beverly Press on Behalf of the Stanley C. Myers Community Health Center for Outstanding Work in the Community.

(Requested by Commissioner David Dermer)

ACTION: Proclamation presented.

CONSENT AGENDA

Consent agenda approved. Motion made by Commissioner Smith; seconded by Vice-Mayor Liebman;

vote : 7-0.

C2 - Competitive Bid Reports

C2A Commission Memorandum No. 610-98

Request for Approval to Award a One-Year Contract to Refri-Cool Appliance Parts in the Estimated Amount of $25,000, Pursuant to Bid No. 90-97/99 for Providing Air Conditioning and Refrigeration Parts and Supplies with an Option to Renew for a Second Year. Funding: Property Management Budget Account.

Administration Recommendation: Approve the Award.

(Property Management)

ACTION: Award authorized. Judy Ford to process contract. Brad Judd to handle.

C2B Commission Memorandum No. 611-98

Request for Approval to Award a Two-Year Contract to Langer Electric Service Co., in the Estimated Amount of $10,000, Pursuant to Bid No. 91-97/00 for Providing Electrical Services for Various City Departments with an Option to Renew for an Additional Year. Funding: Property Management Budget Account.

Administration Recommendation: Approve the Award.

(Property Management)

ACTION: Award authorized. Judy Ford to process contract. Brad Judd to handle.

C2C Commission Memorandum No. 612-98

Request for Approval to Award a Purchase Order to Foliage by Flora-TrueGreen/ChemLawn in the Amount of $37,950, Pursuant to Bid No. 103-97/98 for All Necessary Labor, Tools and Equipment to Relocate up to Eleven (11) Callophyllum Trees Located on Allison Island, Miami Beach, to Various Sites throughout the City. Funding: Allison Island Landscape Improvement Work Order No. 2089.

Administration Recommendation: Approve the Award.

(Recreation, Culture & Parks)

ACTION: Item deferred. Award not approved. Motion made by Commissioner Gottlieb to defer; seconded by Commissioner Dermer; voice vote: 7-0. Mayor Kasdin requested the Administration to report back on: 1. How much are the trees worth.

2. Cost the city would incur to remove the trees.

3. FPL’s responsibility.

Kevin Smith to handle. Judy Hoanshelt to place on October 7th agenda.

C4 - Commission Committee Assignments

C4A Commission Memorandum No. 613-98

Referral to the Planning Board - An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 138 Entitled "Signs", Section 138-137 Entitled "Banners and Balloon Signs" by Prohibiting Balloon Signs; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date.

Administration Recommendation: Referral of matter.

(Requested by Vice-Mayor Nancy Liebman)

ACTION: Referred. Dean Grandin to place on the Planning Board agenda.

C4B Referral to the Community Affairs Committee - Placement of a Monument on Lincoln Road in Honor of the Lifetime Achievement of Morris Lapidus.

Recommendation: Referral of matter.

(Requested by Vice-Mayor Nancy Liebman)

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

C4C Referral to the Neighborhoods Committee - The Rob Teir Report and the Recommendation of the Washington Avenue Task Force Presented to the City Commission on July 15, 1998.

Recommendation: Referral of matter.

(Requested by Vice-Mayor Nancy Liebman)

ACTION: Referred. Ronnie Singer to place on committee agenda.

C4D Referral to the Land Use and Development Committee - 5th Street and Alton Road Intersection.

Recommendation: Referral of matter.

(Requested by Vice-Mayor Nancy Liebman)

ACTION: Referred. Janet Gavarrete to place on committee agenda.

Clerk's Note: See item C4H for additional referral to the Land Use Committee.

C4E Referral to the Land Use and Development Committee - Discussion and Review of the Pay Telephones on the Public Right-of-Way.

Recommendation: Referral of matter.

(Requested by Vice-Mayor Nancy Liebman)

ACTION: Referred. Janet Gavarrete to place on committee agenda.

Clerk's Note: See item C4H for additional referral to the Land Use Committee.

C4F Referral to the Neighborhoods Committee - Discussion regarding the Master Plan for Normandy Isle.

Recommendation: Referral of matter.

(Requested by Commissioner Jose Smith)

ACTION: Referred. Ronnie Singer to place on committee agenda.

C4G Commission Memorandum No. 614-98

Referral to the Finance and Citywide Projects Committee to Discuss Setting a Limitation on the Amount a Fine, Imposed by the Special Master, Can Accrue.

Administration Recommendation: Referral of matter.

(Code Compliance)

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

C4H Referral to the Planning Board - Amendment to Zoning Ordinance: Section 20-4B, Table of Residential Performance Standards; Section 18-1B, Entitled Membership; and Section 18-2K1, Entitled Review of Design Review Decisions.

Recommendation: Referral of matter.

(Requested by Commissioner Simon Cruz)

ACTION: Referral bifurcated. Motion made by Commissioner Cruz to refer #1 (pg. 25) Section 20-4B Table of Residential Performance Standards, and #3 (pg. 27) Amend Section 18-2k1 entitled Review of Design Review Decision to the Planning Board: Dean Grandin to place on committee agenda. #2 (pg. 26) Amend Section 18-1B entitled membership.....; referred to the Land Use and Development Committee; Janet Gavarrete to place on committee agenda.

C7 - Resolutions

C7A City Attorney Commission Memorandum No. 615-98

A Resolution Waiving Certain Potential Conflicts of Interest in Connection with the Engagement by the City Attorney of the Firm of Squire, Sanders & Dempsey, L.L.P. to Render a Tax Opinion with Regard to the City's Loan from Florida Power and Light Company; Waiving any Conflicts of Interest with Regard to the Firm of Steel Hector & Davis, LLP Representing Florida Power and Light Company in Connection with Said Transaction; and Providing an Effective Date.

City Attorney's Recommendation: Adopt the Resolution.

(City Attorney's Office)

ACTION: Resolution No. 98-22905 adopted. Legal Department to handle.

C7B City Attorney Commission Memorandum No. 616-98

A Resolution Approving a Settlement of the Wrongful Death Claim Styled Jorge Castellanos, as Personal Representative of the Estate of Maria Isabel Castellanos and Richard Carranza, a Minor, Francisco L. McCloud, a Minor, David A. McCloud, a Minor; Daniel Edgardo Carranza, a Minor; Hector Edgardo Carranza and Madelyn Isabel Carranza, Individually and Children and Beneficiaries of Maria Isabel Castellanos, Deceased, and Paying $200,000 from the City's Management Fund Pursuant to Florida Statute Section 768.28 and the Florida Wrongful Death Act; and Further Authorizing the Office of the City Attorney to Execute Any and All Related Documents Related to the Settlement.

City Attorney's Recommendation: Adopt the Resolution.

(City Attorney's Office)

ACTION: Resolution No. 98-22906 adopted. Legal Department to handle.

C7C Commission Memorandum No. 617-98

A Resolution Authorizing the City to Extend Funding of the Off-Duty Police Program for Washington Avenue for 30 Days; Appropriating Those Funds, in the Amount of $22,000, From Resort Tax Revenues; and Continuing to Administer the Program through the Police Athletic League (PAL) of Miami Beach.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Resolution No. 98-22907 adopted. Ronnie Singer to handle.

C7D Commission Memorandum No. 618-98

A Resolution Amending Resolution No. 93-20714, Which Established a Bank Account Held Jointly by the City of Miami Beach and the Housing Authority of the City of Miami Beach (Also Known in Said Resolution as "Miami Beach Housing Authority") at Barnett Bank of South Florida, N.A., Entitled "City of Miami Beach/Miami Beach Housing Authority Benefit Fund"; Providing for the Substitution of Parties Authorized to Sign Vouchers on Said Account; and Rescinding Resolutions No. 93-20840 and No. 94-21104.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 98-22908 adopted. Christina Cuervo to handle.

C7E Commission Memorandum No. 619-98

A Resolution Extending the Agreement for Legislative Services between the City and Rutledge, Ecenia, Underwood, Purnell & Hoffman, P.A.; Gomez Barker Associates, Inc.; and Robert M. Levy & Associates, Inc., in the Amount of $75,000, to be Funded from Fiscal Year 1998/99 City General Funds, to Provide Lobbying and Consulting Services for the 1998/99 Legislative Session and Related Consulting Services on an On-Going Basis for the Period from October 1, 1998 Until September 30, 1999.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 98-22909 adopted. Christina Cuervo to handle.

 

C7F Commission Memorandum No. 620-98

A Resolution Providing Authority for the Signing of Vouchers Drawn on Funds in the City of Miami Beach Depositories and Rescinding Resolution No. 98-22628.

Administration Recommendation: Adopt the Resolution.

(Finance Department)

ACTION: Resolution No. 98-22910 adopted. Patricia Walker to handle.

City Clerk’s note: a) Banks: First Union National Bank of Florida, b) Suntrust Bank/Miami, N.A., c) Nations Bank, N.A. , d) City National Bank, e) Bankers Trust Company - Patricia D. Walker, as Finance Director, or in her absence or inability to act for any reason Georgina P. Echert, Assistant Finance Director, or in her absence or inability to act for any reason Robert Parcher, as City Clerk. Countersigned: Sergio Rodriguez, City Manager, or in her absence or inability to act for any reason Mayra Diaz Buttacavoli, Assistant City Manager, or in her absence or inability to act for any reason Christina M. Cuervo, Assistant City Manager

C7G Commission Memorandum No. 621-98

A Resolution Approving an Agreement between the City of Miami Beach and Harry Heinitsh, M.D. as Medical Director for the City of Miami Beach Emergency Medical Services (EMS), from October 1, 1998 to September 30, 1999, To Be Available at Such Times as Required by the Fire Chief and His Command Staff, for an Annual Salary of $64,090 Authorizing the Mayor and City Clerk to Execute the Agreement.

Administration Recommendation: Adopt the Resolution.

(Fire Department)

ACTION: Resolution No. 98-22911 adopted. Chief Garcia to handle.

Chief Garcia to submit the following document: "Emergency Medical Service Rules of the Department of Health Chapter 64E-2, Florida Administrative Code (F.A.C.) Emergency Medical Services".

C7H Commission Memorandum No. 622-98

A Resolution Authorizing the Mayor and the City Clerk to Execute Two Professional Services Agreements with Beverly Young, and the Bookkeepers, Respectively, for Resort and Telecommunication Tax Audits.

Administration Recommendation: Adopt the Resolution.

(Internal Audit)

ACTION: Resolution No. 98-22912 adopted. Jim Sutter to handle.

City Clerk’s Note: A copy of FORM PUR 7068, "Sworn Statement Pursuant to section 287.133(3)(a), Florida Statutes, on Public Entity Crimes" is attached to this resolution.

C7I Commission Memorandum No. 623-98

A Resolution of the Mayor and City Commission of the City of Miami Beach to Ratify the Three-Year Labor Agreement between the City of Miami Beach and the International Association of Firefighters, Local 1510 (IAFF), for the Period from October 1, 1997 Through September 30, 2000, and Authorize the Mayor and City Clerk to Execute the Agreement.

Administration Recommendation: Adopt the Resolution.

(Labor Relations)

ACTION: Resolution No. 98-22913 adopted. Richard Bender to handle.

C7J Commission Memorandum No.

A Resolution regarding a Professional Services Contract Pursuant to RFP No. 111-97/98 for Providing a Rate/Parking System Analysis of the Four (4) Municipal Surface Parking Lots Proposed for the Development of Public/Private Parking Facilities, Pursuant to RFP No. 20-97/98.

(Parking Department)

(To be Submitted)

ACTION: Resolution No. 98-22914 adopted. Mayra Diaz Buttacavoli to handle.

Clerk's Note: Contract to be negotiated with HNTB Corporation for an amount not to exceed $60,000.

C7K Commission Memorandum No. 624-98

A Resolution Authorizing the Mayor and City Clerk to Execute, on Behalf of the City of Miami Beach Police Department, a Mutual Aid Agreement With the City of Sunny Isles, Florida, for the Purpose of Coordinating Law Enforcement Planning, Operations, and Mutual Aid Benefits between the City of Sunny Isles and the City of Miami Beach.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 98-22915 adopted. Chief Barreto to handle.

C7L Commission Memorandum No. 625-98

A Resolution Authorizing the Mayor and City Clerk to Execute a Cooperative Agreement between the City and Miami-Dade County Providing for a Gang Activity Reduction Program (GARP) and a Police and Youth Community Assistance Program (PYCAP); Said Agreement To Be Provided by Miami-Dade County and Subject to Review by the Administration and the City Attorney's Office; Appropriating $61,363 in Grant Funds; and, if Funded, Authorizing the Expenditure of Said Grant Funds.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 98-22916 adopted. Chief Barreto to handle.

C7M Commission Memorandum No. 626-98

A Resolution Adopting the Ninth Amendment to the Police Confiscation Trust Fund for Fiscal Year 1997/98, in the Amount of $520,000, to be Funded from Proceeds of State Confiscated Funds. (To Reimburse the General Fund for Overtime Generated While Performing Narcotics Law Enforcement Activities and for the Salaries of Officers Assigned to South Florida Impact and Multi Agency Task Forces.)

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 98-22917 adopted. Chief Barreto to handle.

C7N Commission Memorandum No. 627-98

A Resolution Calling a Public Hearing for Wednesday, October 7, 1998 at 3:30 p.m., Regarding the Proposed Uses of Local Law Enforcement Block Grant Funds.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 98-22918 adopted. R. Parcher to notice.

C7O Commission Memorandum No. 628-98

A Resolution Authorizing the City Manager or His Designee to Submit a Grant Proposal to the State of Florida, Department of Community Affairs in Response to the Notice of Availability of Funds from the Florida Coastal Management Program Requesting Funding in the Amount of $50,000, with a $50,000 Match from the Recommended Funding for Pinetree in the Approved $15 Million General Obligation Bond Program to Renovate, and Rebuild Parks and Recreation Facilities within the Park System in Miami Beach for the Design, Development and Construction of Components Planned for Pinetree Park that will Promote and Improve the Recreational Access to the Indian Creek Waterway for All Florida Residents and Visitors, 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. 98-22919 adopted. Kevin Smith to handle.

End of Consent Agenda

REGULAR AGENDA

R2 - Competitive Bid Reports

R2A Commission Memorandum No. 629-98

Request for Approval to Award a Contract to Florida Lawn Services in the Estimated Annual Amount of $308,225.04, Pursuant to Bid No. 97-97/01 for a Three-Year Contract for Grounds Maintenance Service (Various Parks) for the City of Miami Beach, with an Option to Renew for Three Years on a Year-to-Year Basis. Funding: Recreation, Culture and Parks, Parks Maintenance Division Budget Account.

Administration Recommendation: Approve the Award.

(Recreation, Culture and Parks)

ACTION: Deferred. Kevin Smith to address Commissioner Gottlieb’s concerns. Judy Hoanshelt to place on the October 7th agenda.

R2B Commission Memorandum No. 630-98

Request for Approval to Award a Contract to Florida Lawn Services in the Estimated Annual Amount of $351,125.04, Pursuant to Bid No. 98-97/01 for a Three-Year Contract for Grounds Maintenance Service (Causeways and Islands) for the City of Miami Beach, with an Option to Renew for Three Years on a Year-to-Year Basis. Funding: Recreation, Culture and Parks, Landscape Maintenance Division.

Administration Recommendation: Approve the Award.

(Recreation, Culture and Parks)

ACTION: Deferred. Kevin Smith to address Commissioner Gottlieb’s concerns. Judy Hoanshelt to place on the October 7th agenda.

R5 - Ordinances

R5A Commission Memorandum No. 631-98

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; Eliminating the Two Tier Compensation Plan for Those Classifications Represented by the International Association of Firefighters (IAFF) 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 second and final reading.

(Labor Relations)

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 11:15 a.m. R. Parcher to publish notice.

R5B Commission Memorandum No. 632-98

An Ordinance Amending The Code of the City of Miami Beach, Florida, by: Amending Chapter 142, Article II, Entitled "District Regulations", by Modifying the Maximum Floor Area Ratios for the Following Divisions: Division 3, Subdivision II, Entitled "RM-1 Residential Multi Family, Low Intensity", Division 3, Subdivision IV, Entitled "RM-2 Residential Multi Family, Medium Intensity", Division 3, Subdivision V, Entitled "RM-3 Residential Multi Family, High Intensity", Division 6, Entitled "CD-3 Commercial, High Intensity", Division 7, Entitled "CCC Civic, Convention Center District"; and Deleting Lot Size Categories Specifying Floor Area Ratios for the Following Sections: Division 3, Subdivision II, Entitled "RM-1 Residential Multi Family, Low Intensity", Division 3, Subdivision IV, Entitled "RM-2 Residential Multi Family, Medium Intensity", Division 3, Subdivision V, Entitled "RM-3 Residential Multi Family, High Intensity",Division 6, Entitled "CD-3 Commercial, High Intensity"; Amending Division 18, Entitled "PS Performance Standard Districts" Amending Section 142-698, Entitled "Commercial Performance Standard Area Requirements" by Modifying the Maximum Floor Area Ratios in the Following Performance Standard Districts: C-PS3, Commercial Intensive Mixed-Use, C-PS4, Commercial Intensive Mixed-Use Phased Bayside; Providing for Exclusion of Certain Properties Subject to a Development of Regional Impact or Development Agreement as More Particularly Provided Herein; Clarifying the Impact of this Ordinance on That Certain Property Commonly Known as the South Pointe Ocean Parcel; And, Providing for Inclusion in The Code of the City of Miami Beach, Florida; Repealer, Severability and an Effective Date. 2:00 p.m. Public Hearing, First Reading

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

(Planning Department)

(Scheduled on 7/15/98)

ACTION: Public hearing opened and continued to the Special Commission meeting scheduled for Friday, October 2nd at 2:00 p.m. Motion made by Vice-Mayor Liebman; seconded by Commissioner Gottlieb; voice vote: 5-0; absent: Commissioners Cruz and Shapiro. R. Parcher to publish notice of Special Commission meeting to be held on Friday, October 2 at 2:00 p.m. Judy Hoanshelt to prepare the agenda.

Mayor Kasdin requested the City Attorney to determine if there is any zoning-in-progress ramifications if any part of this is carried over. City Attorney to handle.

R5C Commission Memorandum No. 633-98

An Ordinance Amending The Code of the City of Miami Beach, Florida; by Amending Chapter 142, Article II, Entitled "District Regulations", Amending Division 3, Subdivision II, Entitled "RM-1 Residential Multi Family, Low Intensity", Division 3, Subdivision IV, Entitled "RM-2 Residential Multi Family, Medium Intensity", Division 3, Subdivision V, Entitled "RM-3 Residential Multi Family, High Intensity", Division 4, Entitled "CD-1 Commercial, Low Intensity", Division 5, Entitled "CD-2 Commercial, Medium Intensity", Division 6, Entitled "CD-3 Commercial, High Intensity", Division 7, Entitled "CCC Civic, Convention Center District", Division 13, Entitled "MXE Mixed Use Entertainment District", Division 14, Entitled "RO Residential/Office District", Division 15, "TH Townhome Residential District", Section 142-1161 Entitled "Height Regulations Exceptions", by Modifying the Existing Maximum Height Restrictions and Maximum Number of Floors, and/or Creating a Line of Sight Requirement and Additional Regulations for Roof Top Additions to Existing Structures Located Within a Local Historic District and Prohibiting Roof Top Additions in Certain Portions of the MXE, Mixed Use Entertainment District, the RM-3, Residential Multi Family High Intensity District and the CD-3, Commercial High Intensity District Within the Miami Beach Architectural District And, By Amending Chapter 142, Article II, Division 18, Entitled "PS Performance Standard District" by Modifying the Existing Maximum Height and Maximum Number of Stories Restrictions, And/Or Creating a Line of Sight Requirement for Roof Top Additions to Existing Structures Located Within a Local Historic District, in the Following Performance Standard Districts: R-PS1, Entitled "Residential Medium - Low Density", R-PS2, Entitled "Residential Medium Density", R-PS3, Entitled "Residential Medium High Density", R-PS4, Entitled" Residential High Density", C-PS1, Entitled "Commercial Limited Mixed-Use Commercial", C-PS2, Entitled "Commercial General Mixed-Use Commercial", C-PS3, Entitled "Commercial Intensive Mixed-Use Commercial", C-PS4, Entitled "Commercial Intensive Mixed-Use Phased Bayside Commercial"; Providing for Exclusion of Certain Properties Subject to a Development of Regional Impact or Development Agreement as More Particularly Provided Herein; Clarifying the Impact of this Ordinance on That Certain Property Commonly Known as the South Pointe Ocean Parcel; And, By Providing for Inclusion in The Code of the City of Miami Beach, Florida; Repealer, Severability and an Effective Date. 2:00 p.m. Public Hearing, First Reading

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

(Planning Department)

(Scheduled on 7/15/98)

ACTION: Public hearing opened and continued to the Special Commission meeting scheduled for Friday, October 2nd at 2:00 p.m. Motion made by Vice-Mayor Liebman; seconded by Commissioner Gottlieb; voice vote: 5-0; absent: Commissioners Cruz and Shapiro. R. Parcher to publish notice of Special Commission meeting to be held on Friday, October 2 at 2:00 p.m. Judy Hoanshelt to prepare the agenda.

Mayor Kasdin requested the City Attorney to determine if there is any zoning-in-progress ramifications if any part of this is carried over. City Attorney to handle.

R5D Commission Memorandum No. 634-98

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 Classifications for Those Areas Identified in the Chart and Map Included in the Materials; Amending the Affected Portions of the City's Official Zoning District Map to Correspond with These Changes as Adopted by the City Commission; Providing for Exclusion of Certain Properties Subject to a Development of Regional Impact or Development Agreement as More Particularly Provided Herein; Clarifying the Impact of this Ordinance on That Certain Property Commonly Known as the South Pointe Ocean Parcel; Providing for Repealer, Severability and an Effective Date. 2:00 p.m. Public Hearing, First Reading

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

(Planning Department)

(Scheduled on 7/15/98)

ACTION: Public hearing opened and continued to the Special Commission meeting scheduled for Friday, October 2nd at 2:00 p.m. Motion made by Vice-Mayor Liebman; seconded by Commissioner Gottlieb; voice vote: 5-0; absent: Commissioners Cruz and Shapiro. R. Parcher to publish notice of Special Commission meeting to be held on Friday, October 2 at 2:00 p.m. Judy Hoanshelt to prepare the agenda.

Mayor Kasdin requested the City Attorney to determine if there is any zoning-in-progress ramifications if any part of this is carried over. City Attorney to handle.

Handouts:

1. TITLE: Testimony, Sept 23 hearing, supporting enactment of Zoning Ordinance amendments and map changes recommended by Planning Board, submitted by Mr. Frank V. Del Vecchio, 301 Ocena Drive.

2. City of Miami Beach Official Zoning Map Revised 5/17/94

R5E Commission Memorandum No. 635-98

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. 11:30 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Public Works)

(First Reading 9/9/98)

ACTION: Public hearing and discussion held. Ordinance No. 98-3136 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Cruz; ballot vote: 7-0. Commissioner Dermer requested that Administration inform the community on the issue and the reason for the fee increase. Julio Grave de Peralta and Patricia Walker to handle.

Administration directed to utilize both PIO and the cable channel to insure that the public is aware of the $105 million dollar bond program and how the money is being allocated. Julio Grave de Peralta to handle.

Commissioner Cruz asked the Administration if there are any other pass-through fees which have not been addressed? Patricia Walker to handle.

Handouts:

1. Two photos showing the inside of a pipes.

2. Speaker’s list

Clerk’s note: Program $105M program. $59M in bonds have been sold.

R5F Commission Memorandum No. 636-98

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. 3:00 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Sanitation Department)

(First Reading 9/9/98)

ACTION: Public hearing and discussion held. Ordinance No. 98-3137 adopted as amended. AMENDMENT: Section 90-106 ".... Upon payment of a fee set by the operator of a regulated stash area, and approved by the City Commission, members of the public may deposit at the areas such garbage, trash or waste as permitted by the operator. City". Motion to amend made by Commissioner Shapiro; seconded by Commissioner Gottlieb; voice vote: 7-0. Motion to adopt the ordinance made by Commissioner Smith; seconded by Commissioner Cruz; ballot vote: 7-0. Ronnie Singer to handle. During discussion of the item, Commissioner Shapiro requested a review of the equity issue of Ordinance No. 98-3135 which was adopted on September 9th Entitled "Solid Waste" by Amending Section 133 Entitled "Single Utility Billing", by Adding a Sanitation Commercial Impact Fee

Handout: Speaker’s list

R5G Commission Memorandum No. 637-98

Five Ordinances Authorizing Renewal of the Non-Exclusive Franchises for Collection and Disposal of Solid Waste for a Five (5) Year Period.

1. An Ordinance Amending Ordinance No. 91-2757, Providing for the Granting of a Non-Exclusive Franchise to Eastern Environmental Services of Florida, Inc. (EESF), as Successor in Interest to A-1 Carting Corporation, for the Collection and Disposal of Solid Waste Generated Within the City of Miami Beach; Said Amendment Approving the Renewal of the Franchise for an Additional Five (5) Year Period, and Requiring the Franchisee to Contribute Toward a Public Right-of-Way Cleaning Program, to be Established by the City; Providing for Severability; Codification; Repealer; and an Effective Date. First Reading

2. An Ordinance Amending Ordinance No. 91-2758, Providing for the Granting of a Non-Exclusive Franchise to Westside Sanitation D/B/A Lazaros Waste Recycling, as Successor in Interest to Ameri-Carting Corporation, for the Collection and Disposal of Solid Waste Generated Within the City of Miami Beach; Said Amendment Approving the Renewal of the Franchise for an Additional Five (5) Year Period, and Requiring the Franchisee to Contribute Toward a Public Right-of-Way Cleaning Program, to be Established by the City; Providing for Severability; Codification; Repealer; and an Effective Date. First Reading

3. An Ordinance Amending Ordinance No. 91-2759, Providing for the Granting of a Non-Exclusive Franchise to Davis Sanitation, Inc., a Florida Corporation, for the Collection and Disposal of Solid Waste Generated Within the City of Miami Beach; Said Amendment Approving the Renewal of the Franchise for an Additional Five (5) Year Period, and Requiring the Franchisee to Contribute Toward a Public Right-of-Way Cleaning Program, to be Established by the City; Providing for Severability; Codification; Repealer; and an Effective Date. First Reading

4. An Ordinance Amending Ordinance No. 91-2760, Providing for the Granting of a Non-Exclusive Franchise to Browning-Ferris Industries, as Successor in Interest to Industrial Waste Services, Inc., for the Collection and Disposal of Solid Waste Generated Within the City of Miami Beach; Said Amendment Approving the Renewal of the Franchise for an Additional Five (5) Year Period, and Requiring the Franchisee to Contribute Toward a Public Right-of-Way Cleaning Program, to be Established by the City; Providing for Severability; Codification; Repealer; and an Effective Date. First Reading

5. An Ordinance Amending Ordinance No. 91-2761, Providing for the Granting of a Non-Exclusive Franchise to Waste Management of Dade County, North, a Division of Waste Management, Inc. of Florida (Waste Management), for the Collection and Disposal of Solid Waste Generated Within the City of Miami Beach; Said Amendment Approving the Renewal of the Franchise for an Additional Five (5) Year Period, and Requiring the Franchisee to Contribute Toward a Public Right-of-Way Cleaning Program, to be Established by the City; Providing for Severability; Codification; Repealer; and an Effective Date. First Reading

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

(Sanitation Department)

ACTION: Ordinances approved on first reading. Motion made by Vice-Mayor Liebman; seconded by Commissioner Gottlieb; ballot vote: 7-0. Second readings scheduled for October 7th at 4:00 p.m. R. Parcher to publish notice. Judy Hoanshelt to place on the October 7 agenda.

R5H Commission Memorandum No. 638-98

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

Administration Recommendation: Open and continue to October 21, 1998.

(Requested by Vice-Mayor Nancy Liebman)

(First Reading 6/17/98 - Opened and Continued from 9/9/98)

ACTION: Public hearing opened and continued to October 21st at 11:30 a.m. Motion made by Vice-Mayor Liebman; seconded by Commissioner Gottlieb; voice vote: 7-0. All restrictions as previously agreed to will remain in effect. Judy Hoanshelt to place on the October 21 agenda.

R5I 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 9/9/98)

ACTION: Discussion held. Motion made by Vice-Mayor Liebman to approve the ordinance on first reading; no second offered to the motion.

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 9/9/98)

ACTION: Report accepted. Motion made by Commissioner Cruz; seconded by Vice-Mayor Liebman; voice vote: 7-0.

R6B Commission Memorandum No. 639-98

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.

(Deferred from 9/9/98)

ACTION: Report accepted. Motion made by Commissioner Cruz; seconded by Vice-Mayor Liebman; voice vote: 7-0.

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 9/9/98)

ACTION: Report accepted. Motion made by Commissioner Cruz; seconded by Vice-Mayor Liebman; voice vote: 7-0.

R6D Commission Memorandum No. 640-98

Report on the Land Use and Development Committee Meeting of September 14, 1998: 1)  Update on the Applicability of the South Florida Building Code to Sidewalk Cafes relative to Fixture Counts; 2) Discussion for Consideration of a Change in the City's Zoning Ordinance to Extend the Concept of Bed and Breakfast Inns within the Historic Districts; 3) Discussion on an Amendment to the Zoning Ordinance to Allow for the Conversion of Residential Apartment Buildings in a Commercial Zoned Area within a Historic District to a Mixed-Use Condominium including Combined Office and Residential Uses; 4) Discussion on the Purchase of the Right-of-Way at 1401 W. 21st Street; 5) Discussion on the Adoption of the "Special Master Proceedings to Determine the Application of Equitable Estoppel Criteria to Development Projects".

ACTION: Report accepted. Motion made by Commissioner Cruz; seconded by Vice-Mayor Liebman; voice vote: 7-0.

R7 - Resolutions

R7A Commission Memorandum No.

A Resolution Regarding the Interlocal Agreement between the City of Miami Beach and the Greater Miami Convention and Visitors Bureau.

(City Manager's Office)

(To be Submitted)

ACTION: Discussion held. Resolution No. 98-22920 adopted. Motion made by Commissioner Gottlieb to approve the resolution extending the agreement to October 30, 1998; seconded by Vice-Mayor Liebman; voice vote: 7-0.

Commissioner Shapiro requested the Administration determine what a "regional park" designation means. Kevin Smith to handle.

Commissioner Gottlieb requested that any revenues received not be deposited in the General Fund and that use of the money should be identified in the 5 Year Financial Plan. Patricia Walker to handle.

Vice-Mayor Liebman stated that the control and regulation of the beach concessions needs to be taken into consideration when negotiating. She requested that periodic reports be presented to the Commission for discussion. Patricia Walker to handle.

Commissioner Gottlieb stated that once this agreement is implemented that she didn’t want the lifeguards to feel that their jobs or positions are in jeopardy. Administration, when working out the agreement, to find a way to absorb our lifeguards, if necessary.

In the future, the Administration will clarify which entity [Miami Beach or Miami-Dade County] is responsible for the functions of the regional park, if so designated. Mayra Diaz Buttacavoli to handle.

Handouts: Letter from Lucia A. Dougherty Esq. (Greenberg Traurig) to Sergio Rodriguez, City Manager, dated June 12, 1998 with a scratched write-in date of September 22, 1998 RE: Greater Miami Convention & Visitors Bureau (GMCVB)

R7B Commission Memorandum No. 609-98

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), (16) Lease Agreement (701-725 5th Street), (17) Washington Avenue Extension Agreement; and 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)

(Deferred from 9/9/98)

(Distributed Under Separate Cover)

ACTION: Joint discussion with RDA item 3B held.

1. Resolution No. 98-22921 adopted. Motion made by Commissioner Gottlieb; seconded by Vice-Mayor Liebman; ballot vote: 5-2; opposed: Commissioners Dermer and Shapiro.

Handouts: R7B1 and RDA 3B1

1. 1998 Concept Plan, Architects: Fullerton Diaz Architects, Inc, Developer: West Side Partners, Ltd.

2. Letter from Carter N. McDowell Esq, (Bilzin Simberg Dunn Price & Axelrod) to Sergio Rodriguez, City Manager, dated September 17, 1998 RE: Recommended modifications to SSDI Concept Plan

2. Discussion held. Larry Levy stated that changes need to be made to the "Release and Consent" document and the "Release of Easement" document. Resolution No. 98-22922 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Smith; ballot vote: 5-2; opposed: Commissioners Dermer and Shapiro.

Exhibit 16 (Portofino City Commission Items agenda book) lease agreement 701-725 5th Street) 3,000 sq. feet of space. Matthew B. Gorson, Portofino attorney, stated in the record that the air handler, air compressor and $20,000 will be given to the City to be used to build restrooms.

Purchasing of the Alaska parcel referred to the Land Use Committee. Janet Gavarrete to place on the committee agenda.

Handout: Speaker’s sign-in list.

R7C Commission Memorandum No. 641-98

A Resolution Authorizing the Administration to Proceed with the Design and Implementation of Physical Improvements in the South Pointe Redevelopment Area and Appropriating the Necessary Funds to Accomplish them From Available Tax Increment Funds. Joint City Commission and Redevelopment Agency.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

(Deferred from 9/9/98)

ACTION: Resolution No. 98-22123 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Smith; voice vote: 7-0. See companion item RDA 3C. Christina Cuervo to handle.

City Clerk’s Note: Sergio Rodriguez, City Manager, during his explanation of the item referenced exhibit 2B which is on page 437 of the agenda. No need to extend the life of the South Pointe Redevelopment area. The recommended appropriation should be adequate to fund the following improvements: (see page 425 in the agenda)First Street from Ocean Drive to Washington Ave., Third Street from Ocean Drive to Michigan Avenue including the Mosaic Plaza, Washington Avenue from South Pointe Drive to Sixth Street, Jefferson Avenue from Second Street to Fifth Street and Euclid Avenue from Third Street to Fifth Street.

R7D Summary of Proposed Budget. 5:01 p.m. Public Hearing

Second of Two Required Public Hearings to Consider Proposed Millage and Budget for Fiscal Year 1998/99. 1. Commission Memorandum No. 642-98

A Resolution Adopting the Ad Valorem Millage of 7.499 Mills for General Operating Purposes, Which is Five and Eight-Tenths Percent (5.8%) Greater Than the "Rolled-Back" Rate of 7.090 Mills, and 1.484 Mills for Debt Service for the City for Fiscal Year 1998/99.

Administration Recommendation: Adopt the Resolution.

(Office of Management and Budget)

(Distributed Under Separate Cover)

2. Commission Memorandum No. 643-98

A Resolution Adopting Final Budgets for the General, Enterprise, and Internal Service Funds for Fiscal Year 1998/99.

Administration Recommendation: Adopt the Resolution.

(Office of Management and Budget)

(Distributed Under Separate Cover)

ACTION: Public hearing held.

1. Resolution No. 98-22899 adopted. Motion made by Commissioner Smith; seconded by Commissioner Gottlieb; voice vote: 7-0. Jose Cruz to handle.

2. Resolution No. 98-22900 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Gottlieb; voice vote: 7-0. Jose Cruz to handle.

Handouts:

1. Copy of Patricia Walker’s, Finance Director, budget slide presentation.

2. Copy of Laurence Herrup, Budget Advisory Chairperson, budget slide presentation.

3. Speaker’s list

R7E Normandy Shores Local Government Neighborhood Improvement District. 5:02 p.m. Public Hearing

1. Commission Memorandum No. 644-98

A Resolution of the Board of Directors of the Normandy Shores Local Government Neighborhood Improvement District Adopting an Ad Valorem Millage of 0.965 Mills for the Normandy Shores Local Government Neighborhood Improvement District, Which is Three and Three-Tenths Percent (3.3%) Greater than the "Rolled-Back" Rate of 0.934 Mills, for Fiscal Year 1998/99.

Administration Recommendation: Adopt the Resolution.

(Office of Management and Budget)

(Distributed Under Separate Cover)

2. Commission Memorandum No. 645-98

A Resolution of the Board of Directors of the Normandy Shores Local Government Neighborhood Improvement District Adopting the Final Operating Budget for Fiscal Year 1998/99.

Administration Recommendation: Adopt the Resolution.

(Office of Management and Budget)

(Distributed Under Separate Cover)

ACTION: Public hearing held.

1. Resolution No. 98-22901 adopted. Motion made by Commissioner Smith; seconded by Commissioner Cruz; voice vote: 7-0. Jose Cruz to handle.

2. Resolution No. 98-22902 adopted. Motion made by Commissioner Smith; seconded by Commissioner Dermer; voice vote: 7-0. Jose Cruz to handle.

R7F Commission Memorandum No. 646-98

A Resolution Adopting Fiscal Year 1998/99 Budgets for Special Revenue and Trust Funds for Resort Tax Collection; Log Cabin Training Center Operations; Normandy Shores Local Government Neighborhood Improvement District; Homeless Trust Program; Bass Museum of Art; and Recreation, Culture, and Parks.

Administration Recommendation: Adopt the Resolution.

(Office of Management and Budget)

(Distributed Under Separate Cover)

ACTION: Resolution No. 98-22903 adopted. Motion made by Commissioner Cruz; seconded by Vice-Mayor Liebman; voice vote: 7-0. Jose Cruz to handle.

R7G Commission Memorandum No. 647-98

A Resolution Approving, In Concept Only, the Proposed Relocation of 44th Street, between Collins Avenue and Indian Creek Drive, Pursuant to a Request by Hotelerama Associates, Ltd., as Owners of the Fontainebleau Hilton Resort and Towers, Located at 4441 Collins Avenue, and Hotelerama's Proposed Project regarding the Renovation and Improvements to the Existing Fontainebleau Hilton Resort and Towers Complex, Including a New Vehicular and Pedestrian Arrival Plaza, as well as the Construction of a New 250 Unit Condominium/Additional Hotel Building, All to be Located on the Property; Further Stating that the Approval Granted Herein Shall Only Constitute Conceptual Approval of the Proposed Relocation, as Set Forth Above, and Does Not in Any Way Represent Compliance with, or Satisfaction of, the City's Required Vacation Procedures, Should Such Procedures be Necessary, or of any Procedures Required by Miami-Dade County regarding Replatting of the Subject Property. 10:30 a.m. Public Hearing

Administration Recommendation: Adopt the Resolution.

(Public Works)

(Scheduled on 9/9/98)

ACTION: Public hearing opened and continued to October 7th at 11:30 a.m. Motion made by Commissioner Dermer; seconded by Commissioner Cruz; voice vote: 4-3 (in favor: Commissioners Shapiro, Cruz, Dermer and Smith); opposed: (Mayor Kasdin, Vice-Mayor Liebman and Commissioner Gottlieb).

Commissioner Dermer requested information on the following: 38-story tower, traffic impact, concurrence issues, and historic preservation. Julio Grave de Peralta to handle

Judy Hoanshelt to place on the Oct 7 agenda.

Handout: Speaker’s list

City Clerk’s Note: See R7G1 Supplemental Materials (Right-of-Way transfer sketch- attachment regarding the proposed relocation of 44th Street.)

R7H Commission Memorandum No. 648-98

A Resolution Authorizing the Mayor and City Clerk to Execute an Agreement with the Firm of Robert A. M. Stern Architects, Pursuant to Request for Letters of Interest No. 2-97/98 for Architectural/Engineering Services to Design and Prepare Construction Documents for a Regional Library, a 400 Space Parking Facility with Ground-Floor Retail, and Park and Streetscape Improvements, to Be Comprised in a Cultural Arts Campus in the Vicinity of the Bass Museum and Including Collins Park.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 98-22904 adopted. Motion made by Commissioner Gottlieb; seconded by Vice-Mayor Liebman; voice vote: 7-0.

Vice-Mayor Liebman requested "work program cost estimate" and "pre-qualify contractors".

Commissioner Gottlieb requested that any work on the rotunda should be funded by the Cultural Arts Council. Ronnie Singer to handle.

Commissioner Smith pointed out the figure $14,963,412 (1.1.2.5 - page 455 in the agenda) should be $15,430,000.

Mayra Diaz Buttacavoli to coordinate activities.

R7I Commission Memorandum No. 649-98

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)

(Continued from 9/9/98)

ACTION: Not reached.

R7J Commission Memorandum No. 660-98 - Emergency Item Add-On

A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Authorizing the City Manager to sign all Contracts, Agreements, Purchase Orders, and Change Orders required to Make Preparations Before and Clean-Up Efforts after Storms During the 1998 Hurricane Season in the interest of the Health, Safety and Welfare of Citizens and Employees of the City of Miami Beach.

Administration Recommendation: Adopt the Resolution

ACTION: Motion made by Commissioner Gottlieb, seconded by Commissioner Smith, adding the item to the agenda as an emergency by a 5/7 vote; voice vote: 7-0; Motion made by Commissioner Gottlieb, seconded by Commissioner Smith to adopt the emergency resolution; voice vote: 7-0. Resolution No. 98-22924 adopted.

Emergency Item:

A motion was made by Vice-Mayor Liebman requesting the placement on the agenda, as an emergency by 5/7 vote, and the passage of an emergency resolution requesting Miami-Dade County Board of Rules and Appeals (BORA) to defer the issue of the sidewalk cafes; seconded by Commissioner Gottlieb; voice vote: 7-0. Legal Department to prepare the resolution. Administration to transmit to the board. Janet Gavarrete to handle. Resolution No. 98-22925 adopted.

R8 - Old Business

R8A Commission Memorandum No. 650-98

Update on North Bay Road and 20th Street Traffic.

(Public Works)

ACTION: Deferred to the October 7th Commission meeting. Motion made by Commissioner Gottlieb; seconded by Vice-Mayor Liebman; voice vote: 7-0. Administration to assign a time-certain. Judy Hoanshelt to handle.

R9 - New Business and Commission Requests

R9A Discussion regarding Hiring a Pension Consultant to Explore How the City Can Reduce Its Pension Costs.

(Requested by Commissioner Martin Shapiro)

(Deferred from 9/9/98)

ACTION: Discussion held. A motion was made by Commissioner Shapiro directing the Administration to proceed with acquiring a consultant to analyze pension costs; seconded by Commissioner Gottlieb; voice vote: 7-0. Patricia Walker to handle.

R9B Discussion regarding Nautilus (Polo Park) Project.

(Requested by Mayor Neisen Kasdin)

ACTION: Deferred. Judy Hoanshelt to handle.

R9C Discussion regarding the Elimination of Funding by the Miami-Dade County Health Department for the Prevention Education and Treatment Center (PET Center) at 615 Collins Avenue.

(Requested by Mayor Neisen Kasdin)

ACTION: Gary Knight appeared and expressed his concerns to the Commission regarding the impact of funding reduction. Discussion followed. Commissioner Dermer made a motion directing the Administration to prepare a resolution expressing the City's desire to continue the program and funding; seconded by Vice-Mayor Liebman; voice vote: 7-0. Administration to work with the State, County and advisory group officials to pursue the funding requested. Christina Cuervo to handle. Legal Department to prepare the resolution.

R9D Discussion regarding a Possible Fee Moratorium for Sidewalk Cafes on 71st Street and Normandy Drive.

(Requested by Mayor Neisen Kasdin)

ACTION: Vice-Mayor Liebman made a motion establishing a temporary fee moratorium for a period of one (1) year on sidewalk cafe permits issued on Ocean Terrace and the Normandy Fountain Circle; seconded by Commissioner Gottlieb; voice vote: 7-0. Patricia Walker to handle.

R9E Discussion regarding the Request from the Super Bowl XXXIII Host Committee for Funding.

(Requested by Mayor Neisen Kasdin)

ACTION: A motion was made by Commissioner Gottlieb approving a funding allocation in the amount of $50,000; seconded by Commissioner Cruz; voice vote: 5-2; opposed: Vice-Mayor Liebman and Commissioner Dermer. Patricia Walker to handle.

R9F Discussion to Consider the Creation of a Business Liaison Committee That Would Serve as an Intermediary on Complaint Issues.

(Requested by Commissioner Simon Cruz)

ACTION: Commissioner Cruz stated the importance of creating a committee which would interact with the business community and the City. Administration and Commissioner Cruz to work together to develop the committee structure and to report back with a proposal; Motion to approve the committee in concept and work with the Administration was made by Vice-Mayor Liebman; seconded by Commissioner Cruz; voice vote: 7-0. Ronnie Singer to handle. Vice-Mayor Liebman requested the representatives of the entertainment industry be included on the committee.

R9G Review of the Proposed Acker Settlement Case to Determine its Impact Upon Housing in Miami Beach.

(Requested by Commissioner Martin Shapiro)

ACTION: No Commission action.

R10 - City Attorney Reports

R10A Oral Report regarding Portofino, 5th Street Lease.

(City Attorney's Office)

(Deferred from 9/9/98)

ACTION: Not reached.

R10B 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 September 23, 1998 in the City Manager's large conference room, Fourth Floor, City Hall, to discuss settlement issues of the following case:

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

The following individuals will be in attendance: Mayor Neisen Kasdin; Members of the Commission: Simon Cruz, David Dermer, Susan Gottlieb, Nancy Liebman, Martin Shapiro and Jose Smith; City Attorney Murray H. Dubbin, City Manager Sergio Rodriguez, and Deputy City Attorney Robert Dixon.

ACTION: Withdrawn. Judy Hoanshelt to place on the October 7th Agenda.

R10C 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 September 23, 1998 in the City Manager's large conference room, Fourth Floor, City Hall, to discuss the following case:

South Beach Ocean Parcel, LTD., a Florida Limited Partnership vs City of Miami Beach, a Florida municipal corporation. Eleventh Judicial Circuit, General Jurisdiction, Case No.98-10798 CA30.

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 Special Counsel Arnaldo Velez.

ACTION: Withdrawn.

End of Regular Agenda

Reports and Informational Items

A Commission Memorandum No. 651-98

Status Report on the LRI/Finestra Movie Theater Project.

(Community/Economic Development)

ACTION: Written report accepted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Gottlieb; voice vote: 7-0.

B Commission Memorandum No. 652-98

Ocean Drive Corridor (5th to 15th Street) Traffic Mitigation Plan.

(Planning Department)

ACTION: Written report accepted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Gottlieb; voice vote: 7-0.

C Commission Memorandum No. 653-98

Mount Sinai Multi-Modal Center Traffic Mitigation Plan.

(Planning Department)

ACTION: Written report accepted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Gottlieb; voice vote: 7-0.

D Commission Memorandum No. 654-98

Seaside Villas Traffic Mitigation Plan.

(Planning Department)

ACTION: Written report accepted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Gottlieb; voice vote: 7-0.

E Carillon Hotel Traffic Mitigation Plan.

(Planning Department)

ACTION: Written report accepted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Gottlieb; voice vote: 7-0.

F Commission Memorandum No. 656-98

Status Report on the Progress of North Beach Construction.

(Public Works)

ACTION: Written report accepted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Gottlieb; voice vote: 7-0.

Board and Committee appointment: Commissioner Dermer reappointed Grace Mallah to the Youth Center Advisory Board.

Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

September 23, 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 Christina M. Cuervo

Assistant Director Mayra Diaz Buttacavoli

General Counsel Murray H. Dubbin

Secretary Robert E. Parcher

AGENDA

1. ROLL CALL

2. OLD BUSINESS

3. NEW BUSINESS

A. Commission Memorandum No. 98-36

Report of the Itemized Revenues and Expenditures of the Miami Beach Redevelopment Agency for the Month and the Eleven Months Ended August 31, 1998.

(Distributed Under Separate Cover)

ACTION: Discussion held. Commissioner Dermer requested a copy of the Cobb agreement and the Administration to report back at the next meeting (Oct 7). Judy Hoanshelt to place on the agenda. Commissioner Dermer questioned the contract between the City and Michael Meyer, representing the Tishman Group, and requested the Administration have Mr. Meyer appear at the next Commission meeting to review Tishman’s responsibility relative to the Loews Hotel.

Vice-Mayor Liebman asked for an explanation on the responsibility of the engineering firm and Tishman as it relates to the Loews Hotel.

3. NEW BUSINESS

B. Redevelopment Agency Memo No. 98-35

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.

(Deferred from 9/9/98)

(Distributed Under Separate Cover)

1. Joint meeting with Commission item R7B1 held. Resolution No. 302-98 adopted. Motion made by Commissioner Smith; seconded by Vice-Mayor Liebman; ballot vote: 5-2; opposed: Commissioners Dermer and Shapiro.

Handout: 1998 Concept Plan, Architects: Fullerton Diaz Architects, Inc, Developer: West Side Partners, Ltd.

2. Joint meeting with Commission item R7B2 held. Discussion held. Larry Levy, Assistant City Attorney, stated that changes need to be made to the "Release and Consent" document and the "Release of Easement" document. Resolution No. 303-98 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Smith; ballot vote: 5-2; opposed: Commissioners Dermer and Shapiro.

C. Redevelopment Agency Memo No. 98-37

A Resolution Authorizing the Administration to Proceed with the Design and Implementation of Physical Improvements in the South Pointe Redevelopment Area and Appropriating the Necessary Funds to Accomplish them From Available Tax Increment Funds. Joint City Commission and Redevelopment Agency.

(Deferred from 9/9/98)

ACTION: Resolution No. 304-98 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Cruz; voice vote: 7-0. See R7C. Christina Cuervo to handle.

D. Commission Memorandum No. 98-38

A Resolution Authorizing Signatories to Execute Vouchers Drawing Funds in the Miami Beach Redevelopment Agency Bank Accounts at Nations Bank.

Action: Resolution No. 305-98 adopted. Motion made by Commissioner Smith; seconded by Commissioner Gottlieb; voice vote: 7-0.

End of Agenda

Meeting adjourned: 6:45 p.m.