City of Miami Beach - City Commission Meeting

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

October 6, 1999

 

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

AFTER ACTION

CONSENT AGENDA

PA1 Certificates of Apprec/'99 EDAW Summer Student Program Participants. 1

PA2 New Item: Cert. of Apprec./Detective Luis King & Detective Rosa Redruello.

PA3 New Item: Proclamation/Tomas Milian. (Cruz)

C2A Reject Bid No. 100-98/99, Conv. Ctr. West Wrap Fire Sprinkler Renovation. 3

C2B BA 103-98/99, Supply/Install 4 Fire Sprinkler Backflow Prev., $48,500. 5

C2C BA 3-99/00, Leather & Nylon Gear for Police Dept., $29,229.25. 7

C2D BA 99-98/99, Technical Equipment Police Dept., $39,561.74. 9

C2E BA 104-98/99, Furnish/Install 3 Pool Heaters, $16,200. 13

C7A Set P. Hrg, Sale of City-Owned Property, 1749 Jefferson Ave, $155,750. 15

C7B Reappointment of Z. Datorre & J.F. Donnelly, County Library Advisory Bd. 17

C7C D - Sublease between Concert Assoc. Of Fla & Colony Theater Cafe, Inc. 19

C7D Set P. Hrg, Rename Allison Road to Allison Island Drive. 39

C7E Change Signatures for CMB-Hurricane Contingency Fund Acct. 41

C7F Agmt w/Harry Heinitsh, M.D. as Medical Director for EMS. 49

C7G Waive Bids: Miami Heart for CMB Medical Evaluations, etc. 5/7 59

C7H Set P. Hrg, Amend Land Dev. Regs, Designate Bath Club Historic Site. 85

C7I Set P. Hrg, Amend Land Dev. Regs, Designate Fire Sta. #2 Historic Site. 91

C7J RFP, Market Analysis & Economic Development Plan for N. Beach Area. 99

C7K Grant, Local Law Enforcement Block Grant Program. 135

C7L Waive Bids: Kendall Sprinkler Svc. Inc., Irrigation Sys, $15,875. 5/7 143

C7M Reallocate $62,992 to Indian Creek Median Landscaping Project. 147

REGULAR AGENDA

R5A 1st Rdg, Establish Oversight Comm. For GO Bond Funded Projects. 151

R5B 11:00 a.m. 2nd Rdg, Amend Ch. 102, VCA Budget:Expenditure of Funds.5/7 155

R5C 2:30 p.m. 2nd Rdg, Open Containers of Alcoholic Beverages. 163

R5D 2:45 p.m., 2nd Rdg, Temp.90-Day Moratorium:Issue Pay Phone Permits.5/7 171

R5E 1st Rdg, Establish Committee for Quality Education. (Shapiro) 177

R6A Report on the Community Affairs Committee Mtg of September 29, 1999. 181

R7A 10:00 a.m., Joint, Amend Submerged Land Lease for MB Marina. 185

R7B 10:30 a.m., Waive Dev. Regs, Proposed Miami City Ballet Facility. 5/7 201

R7C 3:00 p.m., Lease Agmt with Holocaust Memorial Committee. 207

R7D D - 3:01 p.m., 2nd Hrg, Dev. Agmt/Lease Agmt, Pelican Development, LLC. 209

R7E D - Renovation of CMB's Golf Courses & Clubhouses. 225/SM

R7F HOME Program Agmt with MBCDC. 227

R7G Agmt to Provide Construction Mgmt Services for Colony Theater. 257

R7H D - Joint, Grant Easement to MCB, 10' Exterior Pathway. 279

R7I 3:30 p.m., Approve/Adopt MMP & Implementation Plan/Program of Projects. 283

R7J 2:00 p.m., Vacate 44th St., Hotelerama Assoc., Ltd. 5/7 289

R7K 10:00 a.m., Joint, Easement/FP&L, Underground Distr. Facility, MCB. 307

R9A Board and Committee Appointments. 313

R9A1 Cmgr's Appointment of Jeanne Lundy Clarke to Historic Preservation Bd. 367

R9B1 1:30 p.m., Dr. Stanley Sutnick Citizens' Forum. 375

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

R9C Disc: Provide $20,000 to MIDEM to Cover Partial Cost of Stage.(Cruz) 377

R9D 5:00 p.m.,Disc:Playground Problems:Rainbow DayCare Ctr/6th St.(Liebman) 383

REPORTS AND INFORMATIONAL ITEMS

A Status Report on City Planning for Millennium Weekend. 385

B City Attorney's Status Report. 439

C 10:31 a.m., Presentation by EDAW on the Indian Creek Greenway. 443

D Status Rpt on the Washington Ave. Task Force-July, August, Sept.,1999. 445

E Status Rpt on Improvements to Fire Stations. 455

F Parking Status Report. 465

G Status Report on the North Beach Streetscape Projects. 483

REDEVELOPMENT AGENCY ITEMS - 10:00 A.M.

2A Report: Loews/Anchor Shops/Royal Palm Crowne Plaza Resort Hotel. 1

2B Report: Anchor Shops/Pkg Operations, August 31, 1999. 7

3A Report: Itemized Rev/Expenditures of RDA Mo. Ending August 31, 1999. 9/SC

3B Joint, Amend Submerged Land Lease for MB Marina. 11

3C Joint, Grant Easement to FP&L, Underground Distribution Facilities, MCB. 27

3D D - Joint, Grant Easement to MCB, Provision of a 10' Exterior Pathway. 33

3E Re-Purchase Parcel 2, Pursuant to Cobb Dev. Agmt., Appropr. $1,554,200. 37

 

Call to Order - 9:28 a.m.

Inspirational Message and Pledge of Allegiance

Requests for Additions, Withdrawals, and Deferrals

PA - Presentations and Awards

 

PA1 Certificates of Appreciation to be Presented to Participants of the Miami Beach/1999 EDAW Summer Student Program.

(City Manager's Office)

ACTION: Certificates presented. Later in the meeting, a slide presentation was given by Mr. Jason Uyeda of EDAW and Jaime Douber-Racine of the National Park Service.

Handout: Brochure on the EDAW Summer Student Program >99 - Indian Creek Greenway

ADD ON ITEMS:

 

PA2 Certificates of Appreciation for "going that extra mile award" to be presented to Detective Luis King and Detective Rosa Redruello, both detectives were involved in the "Ramp Rats 1" investigation of American Airlines at Miami International Airport.

(requested by Chief Richard Barreto)

ACTION: Certificates presented.

 

PA3 City of Miami Proclamation presented to Tomas Milian, a respected film and stage actor who has contributed significantly to hispanic culture during hispanic heritage month.

(requested by Commissioner Simon Cruz)

ACTION: Proclamation presented.

 

NEW ITEM:

Heard in conjunction with Reports and Informational Item: "A".

Larry Herrup, Chairman of the Budget Committee, addressed the Commission on budgetary concerns relative to the anticipated cost of Police, Fire and Sanitation services needed for New Year's events. Mr. Herrup made the following recommendations: It is reasonable to assume a substantial portion of the costs incurred will be for services to protect non-Miami Beach citizens. Consequently, alternative revenue sources must be identified to cover any costs in excess of the those budgeted and even those budget costs if it is determined the budget costs exceed that which is reasonable to protect our citizens. Further, as the Administration continues to update the Mayor and Commission on City preparations and costs, it is recommended that the Mayor and Commission direct the Administration to specifically identify the budget areas that will be utilized to fund costs and identify other sources to fund the excess. In addition, it is recommended that any contingency funds set in the budget not be used for this purpose.

Chief Barreto stated that Miami-Dade County has agreed to make available a helicopter and a field force. Assistance by FHP and Florida Department of Law Enforcement has also been requested.

Mayor Kasdin instructed the Administration to seek additional funding ($500,000) from Miami-Dade County.

Commissioner Cruz stated that he is concerned with gridlock and sanitation and instructed the Legal Department to see if it's possible to charge a one-day fee for non-residents for use of the beach during the New Year's celebrations. Murray Dubbin to handle.

Handout: Memorandum from Laurence A. Herrup, Budget Advisory Committee to Miami Beach Mayor and Commission, dated October 6, 1999, RE: Millennium Celebration.

CONSENT AGENDA

Consent Agenda approved. Motion made by Commissioner Smith; seconded by Commissioner Cruz; Voice Vote: 4-0. Absent: Commissioners Dermer, Gottlieb and Liebman.

C2 - Competitive Bid Reports

C2A Commission Memorandum No. 709-99

Request for Authorization to Reject All Bids Received in Response to Bid No. 100-98/99 for the Miami Beach Convention Center West Wrap Fire Sprinkler System Renovation.

Administration Recommendation: Reject the bid.

(Convention Center)

ACTION: Bids rejected. Michael Rath to notify bidders. Mayra Diaz Buttacavoli to handle.

 

C2B Commission Memorandum No. 710-99

Request for Approval to Award a Contract to Boys Engineering II, Inc. in the Amount of $48,500, Pursuant to Bid No. 103-98/99 to Supply and Install Four (4) Fire Sprinkler System Backflow Preventers. Funding: Convention Center Capital Account.

Administration Recommendation: Approve the award.

(Convention Center)

ACTION: Award authorized. Mayra Diaz Buttacavoli to handle.

 

C2C Commission Memorandum No. 711-99

Request for Approval to Award a Contract to Lawman's & Shooters' South, Inc. and Harrison Uniform, Inc. in the Estimated Annual Amount of $29,229.25, Pursuant to Bid No. 3-99/00 for the Purchase of Leather and Nylon Gear for the Miami Beach Police Department. Funding: Police Department Uniform Account.

Administration Recommendation: Approve the award.

(Police Department)

ACTION: Award authorized. Chief Barreto to handle.

 

C2D Commission Memorandum No. 712-99

Request for Approval to Award Purchase Orders to Multiple Vendors in the Total Amount of $39,561.74, Pursuant to Bid No. 99-98/99 for the Purchase of Covert Operations Technical Equipment for the Miami Beach Police Department. Funding: Police Department Confiscated Funds Account.

Administration Recommendation: Approve the award.

(Police Department)

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

 

C2E Commission Memorandum No. 713-99

Request for Approval to Award a Purchase Order to Al Hill Enterprise Corporation in the Amount of $16,200, Pursuant to Bid No. 104-98/99 to Furnish and Install Three (3) Pool Heaters. Funding: Property Management General Account.

Administration Recommendation: Approve the award.

(Property Management)

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

 

C7 - Resolutions

C7A Commission Memorandum No. 714-99

A Resolution Calling a Public Hearing to Consider Public Comment Regarding the Sale of City-Owned Property Located at 1749 Jefferson Avenue, for the Sum of $155,750, Plus Closing Costs, to Gary Davenport, as Owner of the Adjacent Property Located at 1775 Jefferson Avenue.

Administration Recommendation: Adopt the Resolution setting a public hearing on November 17, 1999 at 2:00 p.m.

(Asset Management)

ACTION: Resolution No. 99-23335 adopted. R. Parcher to notice. Judy Hoanshelt to place on agenda.

 

C7B Commission Memorandum No. 715-99

A Resolution Confirming the Reappointment of Zoila Datorre and Dr. J.F. Donnelly to Serve as City of Miami Beach Representatives on the Miami-Dade County Library Advisory Board for a Three-Year Term, Commencing on October 1, 1999.

Administration Recommendation: Adopt the Resolution.

(City Clerk's Office)

ACTION: Resolution No. 99-23336 adopted. R. Parcher to notify Miami-Dade County Library Advisory Board.

C7C Commission Memorandum No. 716-99

A Resolution Approving a Sublease between the Concert Association of Florida, Inc. and Colony Theater Cafe, Inc., for the Restaurant Portion of the Colony Theater, Located at 1040 Lincoln Road, Miami Beach, Florida; and Further Authorizing the Mayor and City Clerk to Execute the Sublease for the Purposes of Agreeing to the Non-Disturbance and Attornment of the Sublease.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Deferred to the October 20th Commission Meeting. Judy Hoanshelt to place on agenda.

 

C7D Commission Memorandum No. 717-99

A Resolution Calling a Public Hearing to Consider Public Comment regarding Changing the Name of Allison Road to Allison Island Drive.

Administration Recommendation: Adopt the Resolution setting a public hearing on October 20, 1999 at 2:00 p.m.

(City Manager's Office)

ACTION: Resolution No. 99-23337 adopted. R. Parcher to notice. Judy Hoanshelt to place on agenda.

 

C7E Commission Memorandum No. 718-99

A Resolution Providing Authority for Signing Vouchers on Funds in the Account Entitled "City of Miami Beach - Hurricane Contingency Fund Account" and Rescinding Resolution No. 98-22630.

Administration Recommendation: Adopt the Resolution.

(Finance Department)

ACTION: Resolution No. 99-23338 adopted. Patricia Walker to handle.

 

C7F Commission Memorandum No. 719-99

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, 1999 to September 30, 2000, for an Annual Salary of $65,372; Authorizing the Mayor and City Clerk to Execute the Agreement; Further that the Medical Director Shall Present Himself and/or Be Available at Such Times as Required by the Fire Chief and His Command Staff.

Administration Recommendation: Adopt the Resolution.

(Fire Department)

ACTION: Resolution No. 99-23339 adopted. Chief Jordan to handle.

 

C7G Commission Memorandum No. 720-99

A Resolution Authorizing the Waiver, by 5/7ths Vote, of the Competitive Bidding Requirement and Approving an Agreement with Miami Heart Institute and Medical Center, in an Amount Not to Exceed $75,000 per Year, for an Initial Term Commencing on October 7, 1999, and Ending on October 7, 2000, with Four (4) Separate One Year Renewal Terms, at the City's Discretion, for Comprehensive Medical Evaluations, Medical Records Retention, an Immunization Program, City Physician for Supplemental Injury Pay, and Employee Assistance Program for City of Miami Beach Employees or Employment Applicants.

Administration Recommendation: Adopt the Resolution.

(Human Resources)

ACTION: Resolution No. 99-23340 adopted. Motion made by Commissioner Smith; seconded by Commissioner Cruz; Voice Vote: 5-0; absent: Commissioners Gottlieb and Liebman. T.C. Adderly to handle.

 

C7H Commission Memorandum No. 721-99

A Resolution Setting a First Reading Public Hearing to Consider a Proposed Historic Preservation Designation Consisting of: An Ordinance Amending Subpart B of the Land Development Regulations of the City Code; Amending Article X, Entitled "Historic Preservation"; Amending Division 4, Entitled "Designation"; Amending Section 118-593, Entitled "Historic Preservation Designation"; Amending Subsection 118-593(e), Entitled "Delineation on Zoning Map" by Designating Bath Club Historic Site; Providing that the City's Zoning Map Shall be Amended to Include the Bath Club Historic Site; Adopting the Designation Report as Appendix "A"; Providing for Inclusion in the Land Development Regulations of the City Code, Repealer, Severability, and an Effective Date.

Administration Recommendation: Adopt the Resolution setting a first reading public hearing on October 20, 1999 at 5:30 p.m.

(Planning Department)

ACTION: Resolution No. 99-23341 adopted. R. Parcher to notice. Judy Hoanshelt to place on agenda.

 

C7I Commission Memorandum No. 722-99

A Resolution Setting a First Reading Public Hearing to Consider a Proposed Historic Preservation Designation Consisting of: An Ordinance Amending Subpart B of the Land Development Regulations of the City Code; Amending Chapter 118, Entitled "Administration and Review Procedures"; Amending Article , Entitled "Historic Preservation"; Amending Division 4, Entitled "Designation"; Amending Section 118-593, Entitled "Historic Preservation Designation"; Amending Subsection 118-593(e), Entitled "Delineation on Zoning Map" by Designating the Dade Boulevard Fire Station (Now Known as Fire Station #2), Located at 2300 Pinetree Drive, as an Historic Site, as More Particularly Described Herein; Providing that the City's Zoning Map Shall be Amended to Include the Dade Boulevard Fire Station as an Historic Site; Adopting the Designation Report as Appendix "A"; Providing for Inclusion in the Land Development Regulations of the City Code, Repealer, Severability, and an Effective Date.

Administration Recommendation: Adopt the Resolution setting a first reading public hearing on October 20, 1999 at 6:00 p.m.

(Planning Department)

ACTION: Resolution No. 99-23342 adopted. R. Parcher to notice. Judy Hoanshelt to place on agenda.

 

C7J Commission Memorandum No. 723-99

Resolution Authorizing the Administration to Proceed with Issuing a Request for Proposals (RFP) for Professional Services to Prepare a Market Analysis and Economic Development Plan for the North Beach Area.

Administration Recommendation: Adopt the Resolution.

(Planning Department)

ACTION: Deferred to the October 20th Commission Meeting. Judy Hoanshelt to place on agenda.

 

C7K Commission Memorandum No. 724-99

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.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 99-23343 adopted. Chief Barreto to handle.

 

C7L Commission Memorandum No. 725-99

A Resolution Authorizing, by 5/7ths Vote, the Waiver of Formal Competitive Bidding and Awarding a Contract to Kendall Sprinkler Service, Inc., in the Amount of $15,875 to Complete the Installation of the Irrigation Systems for the Group "A" Parks Bond Projects (Palm Island, Crespi, LaGorce and Stillwater Parks).

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23344 adopted. Motion made by Commissioner Smith; seconded by Commissioner Cruz; Voice Vote: 5-0; absent: Commissioners Gottlieb and Liebman. Kevin Smith to handle.

 

C7M Commission Memorandum No. 726-99

A Resolution Reallocating $62,992 from Unused Fiscal Year 1996/97 North Beach Community Resort Tax Funds to the Indian Creek Median Landscaping Project.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23345 adopted. Julio Grave de Peralta to handle.

 

ADDED AS AN EMERGENCY ITEM by 5/7ths Vote:

Motion made by Commissioner Cruz to add to the agenda the Waiver of Formal Competitive Bidding and Award of a Contract to DPC General Contractor, Inc. in the amount of $15,775 for the emergency removal of asbestos material at the existing Bass Museum building to the agenda; seconded by Commissioner Smith, Voice Vote: 5-0; absent: Commissioners Gottlieb and Liebman.

C7N EMERGENCY ITEM:

A Resolution of the Mayor and City Commission of the City of Miami Beach Authorizing, by 5/7ths Vote the Waiver of Formal Competitive Bidding and Award of a Contract to DPC General Contractors, Inc., in the Amount of $15,775.00, for the Emergency Removal of Asbestos Material at the Existing Bass Museum Building. Motion made by Commissioner Cruz; seconded by Commissioner Smith, Voice Vote: 5-0; absent Commissioners Gottlieb and Liebman.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Resolution No. 99-23346 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Smith; Voice Vote: 5-0; absent: Commissioners Gottlieb and Liebman. Julio Grave de Peralta to handle.

Handout: Copy of Commission Memorandum No. 752-99

End of Consent Agenda

REGULAR AGENDA

R5 - Ordinances

R5A Commission Memorandum No. 727-99

An Ordinance Amending Chapter 2, Article III of the Miami Beach City Code Entitled "Agencies, Boards and Committees" by Establishing an Eleven (11) Member G.O. Bond Oversight Committee Comprised of Two Residents from the North Beach Area, Two Residents from the Middle Beach Area, Two Residents from the South Beach Area, One Member from the Budget Advisory Committee, One Member of the Planning Board, One Member from the Chamber of Commerce, One Member from the Parking and Transportation Committee and One Member from the City Commission for the Purposes of Providing Guidance and Assurance that the Proposed General Obligation (G.O.) Bond Funded Projects are Implemented in Accordance with the Project List Approved by the Mayor and City Commission, Said Appointments to be Made by the City Commission; Providing for Severability, Repealer, and an Effective Date. First Reading

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

(City Manager's Office)

(Deferred from 9/22/99)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Smith; seconded by Vice-Mayor Shapiro; ballot vote: 5-0; absent: Commissioners Gottlieb and Liebman. Second reading and public hearing scheduled for November 17th at 11:00 a.m. R. Parcher to publish notice. Judy Hoanshelt to place on agenda.

 

R5B Commission Memorandum No. 728-99

An Ordinance Amending Miami Beach City Code Chapter 102, Article IV, Division 2, Entitled "Visitor and Convention Authority"; Amending Section 102-252 Therein, Entitled "Budget: Expenditure of Funds", to Allow the Visitor and Convention Authority to Expend Funds for Amounts in Excess of that Provided for in the Current Budget of the Authority, Allowing the Authority to Enter Into Multi-Year Funding Commitments with the City, for Such Public Purposes as are Consistent with and in Accordance with Laws of Florida, Chapter 67-930; Providing for Codification, Repealer, Severability, and an Effective Date. 11:00 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(City Manager's Office)

(First Reading 9/17/99)

ACTION: Public hearing held. Ordinance No. 99-3209 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Smith; ballot vote: 5-0; absent: Commissioners Gottlieb and Liebman. Mayra Diaz Buttacavoli to handle.

 

R5C Commission Memorandum No. 729-99

An Ordinance Amending Miami Beach City Code Section 70-87, Entitled "Consumption, Service, Sale and Possession of Open Containers of Alcoholic Beverages on or in Public Places, Warning Signs Required", Exempting Signage Requirements; Prohibiting All Alcoholic Beverage Establishments from Knowingly Allowing Persons to Leave the Establishment While in Possession of Open Containers of Alcoholic Beverages; Providing for Additional Penalties for Violations; Providing for Severability, Codification, and an Effective Date. 2:30 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Police Department)

(First Reading 9/22/99)

ACTION: Public hearing held. Ordinance No. 99-3210 adopted. Motion made by Commissioner Dermer; seconded by Commissioner Smith; ballot vote: 4-0; absent: Mayor Kasdin and Commissioners Gottlieb and Liebman. Chief Barreto to handle.

 

R5D Commission Memorandum No. 730-99

An Ordinance Establishing a Temporary 90-Day Moratorium on the Issuance of All Pay Telephone Permits, Including Renewal Permits; Which Shall Automatically Dissolve Upon the Earlier of the Expiration of the 90-Day Period or Upon the Award of the Request for Proposals and the Execution of a Franchise Agreement to Regulate the Placement of Pay Telephones Within the City; Providing for Repealer; Providing for Severability; and Providing for an Effective Date. 2:45 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Public Works)

(First Reading 9/22/99)

ACTION: Public hearing held. Ordinance No. 99-3211 adopted. Motion made by Commissioner Smith; seconded by Commissioner Cruz; ballot vote: 5-0; absent: Commissioners Gottlieb and Liebman.

City Clerk's Note: correct Section 1, Sec. 70-87(b)(1) "Any Person connvicted convicted of a violation"

R5E Memorandum from Vice-Mayor Martin Shapiro

An Ordinance Amending a New Chapter Entitled "Agencies, Boards, and Committees" by Creating Section 2.7.1 Thereof Establishing the Beach Preservation Committee for Quality Education in Miami Beach Schools; Providing for Codification, Severability, Repealer and an Effective Date.

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

(Requested by Vice-Mayor Martin Shapiro)

ACTION: Ordinance approved on first reading as amended:

1) Change the title of ordinance to read "...creating Section 2.7.1 2-190-127 through 2-190-132 thereof establishing the Beach Preservation Committee for Quality Education in Miami Beach Schools; A

2) Mayor Kasdin added: Increase the composition by three residents of the City having expertise in the field of education; and

3) Sergio Rodriguez requested the following change: "An Assistant City Manager or appropriate staff of for the City of Miami Beach as designated by the City Manager........."

Motion made by Vice-Mayor Shapiro; seconded by Commissioner Dermer; ballot vote: 5-0; absent: Commissioners Gottlieb and Liebman. Second reading and public hearing scheduled for October 20th at 10:45 a.m. R. Parcher to publish notice. Judy Hoanshelt to place on agenda.

R6 - Commission Committee Reports

R6A Commission Memorandum No. 731-99

Report on the Community Affairs Committee Meeting of September 29, 1999: 1) Discussion regarding City's Policy of Placing Plaques in Honor of Individuals; 2) Request from the Homeowners' Association of Allison, Inc., to Change the Name of Allison Road to "Allison Island"; 3) Consideration of a Memorial Plaque for Former City Manager, Morris Nathan Lipp; 4) Use of City Logo in Promotion of Events; 5) Nomination of Anna Brenner Meyers to the Great Floridians 2000 Program; and, 6) Consideration of a Plaque for Ted Arison.

ACTION: Report presented by Commissioner Smith. Report accepted. Judy Hoanshelt to handle.

R7 - Resolutions

R7A City Attorney Commission Memorandum No. 732-99

A Resolution Authorizing the Mayor and City Clerk to Execute the Modified Sovereignty Submerged Land Lease No. 130765469 Among the City, the Miami Beach Redevelopment Agency, and the Trustees of the Internal Improvement Trust Fund of the State of Florida for the Miami Beach Marina. Joint City Commission and Redevelopment Agency

Administration Recommendation: Adopt the Resolution.

(City Attorney's Office)

ACTION: Deferred.

Commissioner Dermer questioned the "Cruise to Nowhere" language in the lease (p 188 of the agenda) and questioned if the language prohibits gambling cruises. He also asked who owns Pelican Island? How much fees are in arrears? Murray Dubbin to research and report.

 

R7B Commission Memorandum No. 733-99

A Resolution Granting a Waiver of Development Regulations, Pursuant to Section 142-425(d) and (e) of the City's Zoning Ordinance, for the Miami City Ballet Facility, Located in the Collins Park Area, within the City's Proposed Cultural Campus; Said Waiver regarding the Ballet Facility's Required Parking Under Chapter 130 of the Land Development Regulations. 10:30 a.m. Public Hearing

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

(Continued from 7/21/99)

ACTION: Public hearing opened and continued to October 20th at 11:00 a.m. Motion made by Commissioner Cruz; seconded by Commissioner Smith; voice vote: 5-0; absent: Commissioners Gottlieb and Liebman. Judy Hoanshelt to place on agenda.

 

R7C Commission Memorandum No. 734-99

A Resolution Approving a Lease Agreement between the City of Miami Beach and the Holocaust Memorial Committee, Inc., to Operate and Maintain the Holocaust Memorial Site Located at the Southeast Corner of Meridian Avenue and Dade Boulevard on Miami Beach. 3:00 p.m. Public Hearing

Administration Recommendation: Open and Continue to November 17, 1999.

(City Manager's Office)

(Continued from 9/17/99)

ACTION: Public hearing opened and continued to November 17th at 10:30 a.m. Motion made by Commissioner Smith; seconded by Commissioner Dermer; voice vote: 4-0; absent: Mayor Kasdin and Commissioners Gottlieb and Liebman. Judy Hoanshelt to place on agenda.

 

R7D Commission Memorandum No. 735-99

A Resolution Approving on Second Reading, the Development Agreement, in Accordance with the Requirements of the Florida Local Government Development Agreement Act, between the City of Miami Beach and Pelican Development, L.L.C., for Development of the Site Located at 10th Street and Collins Avenue and Approving the Lease Agreement between the City of Miami Beach and Pelican Development, L.L.C., to Lease Said Site Following a Public Hearing Held in Accordance with the Provisions of Sections 82-36 through 82-40 of the Code of the City and Providing an Effective Date. 3:01 p.m., Second Public Hearing

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

(Continued from 9/22/99)

ACTION: Public hearing opened and continued to October 20th at 2:30 p.m. Commission meeting. Judy Hoanshelt to place on agenda. Motion made by Commissioner Dermer; seconded by Commissioner Smith; voice vote: 4-0; absent: Mayor Kasdin and Commissioners Gottlieb and Liebman. Judy Hoanshelt to place on agenda.

R7E Commission Memorandum No.

A Resolution Approving the Overall Plan for the Renovation of the City of Miami Beach's Golf Courses and Clubhouses at Bayshore, Normandy Shores, and the Par 3 Golf Courses; Further Authorizing the Administration to Proceed with Actions to Secure the Funding for the Plan and Professional Services for the Development of Construction Documents for Said Projects.

(City Manager's Office)

(Deferred from 6/9/99)

(To be Submitted)

ACTION: Deferred to the October 20th Commission meeting. Judy Hoanshelt to place on agenda.

 

R7F Commission Memorandum No. 737-99

A Resolution Authorizing the Mayor and City Clerk to Execute the Home Investment Partnerships (HOME) Program Agreement with the Miami Beach Community Development Corporation (MBCDC), Providing $200,000 of HOME Program Funds for the Continuation of a Home Buyer Program in Accordance with the HOME Program Requirements; Approving Amendments to the City's One Year Action Plans for Fiscal Years 1997/98 and 1998/99 for Federal Funds by Reallocating $439,803 of Fiscal Year 1997/98 HOME Program Funds from a Notice of Funding Availability and $256,850 of Fiscal Year 1998/99 HOME Program Funds from Rehabilitation Initiatives, to Provide HOME Program Funds in the Amount of $200,000 for the MBCDC Home Buyer Program and the Balance of $496,653 for the City's Rehabilitation Initiatives for Fiscal Year 1999/2000.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 99-23347 adopted. Motion made by Commissioner Smith; seconded by Mayor Kasdin; voice vote: 3-1; (opposed: Commissioner Dermer); absent: Commissioners Cruz, Gottlieb and Liebman. Christina Cuervo to handle.

 

R7G Commission Memorandum No. 738-99

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute a Professional Services Agreement between the City and the State of Florida, Department of Management Services, for Construction Management for the Colony Theater Renovation Project.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Discussion held. Resolution No. 99-23348 adopted. Motion made by Commissioner Dermer; seconded by Commissioner Smith; voice vote: 5-0; absent: Commissioners Gottlieb and Liebman. Christina Cuervo to handle.

 

R7H Commission Memorandum No. 743-99

A Resolution Authorizing the Mayor and City Clerk to Grant an Easement to the Miami City Ballet (MCB) for the Provision of a Ten-Foot Exterior Exit Pathway at the Miami City Ballet Building Site, as Requested by the City of Miami Beach Fire Department; and Authorizing the Mayor and City Clerk to Execute and Record the Easement for the Required Exterior Exit Pathway. Joint City Commission and Redevelopment Agency

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Deferred to the October 20th Commission meeting. Judy Hoanshelt to place on agenda.

 

R7I Commission Memorandum No. 740-99

A Resolution Approving and Adopting the Miami Beach Municipal Mobility Plan (MMP) and its Implementation Plan/Program of Interrelated Projects, as Developed by Carr Smith Corradino, Consultants, and Recommended by Resolution of the City's Transportation and Parking Committee.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23349 adopted. Motion made by Commissioner Smith; seconded by Commissioner Cruz; voice vote: 5-0; absent: Commissioners Gottlieb and Liebman. Julio Grave de Peralta to handle.

Commissioner Smith stated that each project must come before the City Commission for approval.

Handout: Speakers List.

 

R7J Commission Memorandum No. 741-99

A Resolution Approving the Vacation of 44th Street, between Collins Avenue and Indian Creek Drive, to Hotelerama Associates LTD., as Owner of the Fontainebleau Hilton Resort and Towers, Located at 4441 Collins Avenue; Said Vacation in Exchange for Hotelerama's Agreement to Convey or Dedicate to the City Certain Property Controlled by Hotelerama for the Relocation and Construction of a "New" 44th Street; Said Relocation and Construction to be Undertaken and Completed by Hotelerama at No Cost to the City; Further, Granting Easements to the City for Landscaping Over the Surface of Other Property Controlled by Hotelerama; and Authorizing the Mayor and City Clerk to Execute a Vacation Agreement, Memorializing the Terms and Conditions of the Aforestated Transaction, as Well as Any and All Other Documents Necessary to Effectuate the Conveyances and Grant of Easements, as Contemplated Herein. 2:00 p.m. Public Hearing

Administration Recommendation: Adopt the Resolution.

(Public Works)

(Scheduled on 9/14/99)

ACTION: Public hearing opened and continued to December 1st at 2:00 p.m.. Motion made by Commissioner Smith; seconded by Commissioner Cruz; voice vote: 4-0; absent: Mayor Kasdin and Commissioners Gottlieb and Liebman. Judy Hoanshelt to place on agenda.

Cross-reference: Letter to Matthew Schwartz from Carter McDowell dated October 4, 1999, RE: Fontainebleau 44 Street Roadway Relocation. A copy of this letter is filed in the Handouts folder.

 

R7K Commission Memorandum No. 742-99

A Resolution Approving the Grant of an Easement to Florida Power & Light Company (FPL) for the Provision of Underground Distribution Facilities and a Transformer Vault at the Miami City Ballet Building Site; and Authorizing the Mayor and City Clerk to Execute and Record the Easement for the Required Underground Facilities and Transformer Vault. Joint City Commission and Redevelopment Agency

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 99-23350 adopted. Motion made by Vice-Mayor Shapiro; seconded by Commissioner Cruz; voice vote: 5-0; absent: Commissioners Gottlieb and Liebman. Julio Grave de Peralta to handle.

 

R9 - New Business and Commission Requests

R9A Commission Memorandum No. 744-99

Board and Committee Appointments for the Meeting of October 6, 1999.

(City Clerk's Office)

ACTION: The following appointments were made:

Community Relations Board:

Zvi Bercovits Term expires 12/31/2000 appointed by Commissioner Dermer

Production Industry Council:

Jay Scharer (Cisneros TV Group) Term expires 12/31/1999; motion by Commissioner Cruz; seconded by Commissioner Smith; voice vote: 5-0; absent: Commissioners Gottlieb and Liebman.

1. Commission Memorandum No. 745-99

Commission Affirmation of the City Manager's Appointment of Jeanne Lundy Clarke to the Historic Preservation Board in the Category of Structural Engineer.

ACTION: Appointment of Jeanne Lundy Clarke approved for a term to expire on 12/31/99. Motion made by Commissioner Cruz; seconded by Commissioner Smith; voice vote: 5-0; absent: Commissioners Gottlieb and Liebman.

 

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

ACTION: The following citizens were heard: 1) Mary Elizabeth Donnelly complained about the rash of burglaries in her neighborhood and stated that she had applied for a gate at the street end where she resides but her request was denied while another neighborhood at 5860 North Bay Road applied for a wall on his property and was approved. Ms. Donnelly requested a refund of the $700 that she paid. Ms. Donnelly inquired as to the repayment of the loan to the Wolfsonian. Ms. Donnelly suggested that in order to cut down on the people coming to the Beach the nightclubs should be closed down. Ms. Donnelly commented on a recent meeting where the use of trolley cars in the Beach was discussed. Vice-Mayor Shapiro requested Administration to look into some type of relief for Ms. Donnelly. Julio Grave de Peralta to handle. 2) Toquil Smith complained about the homeless being harassed. He also stated that the City should respect the rights of the people. Chief Barreto to handle. He commented that there should be a separation of church and state. 3) Frank Del Vecchio stated that Mr. Smith's views about the homeless are not articulated in a way which gives confidence but the views were well developed and that he met often with Mr. Smith. Mr. Smith is objecting to the principles of the Salvation Army Center in the City of Miami which was criticized as being a sectarian religious institution and they do enforce a certain discipline. More importantly, Mr. Smith is seeking an accommodation where street people observe certain fundamental norms and if they observe them they are not subject to harassment. Mr. Del Vecchio also spoke about the recent workshop on the beachfront concession regulations and did a legal analysis based on Commissioner Dermer's workshop question as to whether upland owners have certain vested rights. (copies of the analysis were given to the Commissioners.) A fee might be associated with that right that would be provided to them. 4) Bea Kalstein complained about the lack of enforcement for those business operating without a business license. Commissioner Smith questioned as to what system the City of Miami Beach has in place to ensure that people who open businesses have secured, paid and posted an occupational license. Al Childress, Director of the Code Compliance Department, advised that code compliance officers went out to the location this morning to check on the situation with the unlicensed doctor. Mr. Childress stated that when his office becomes aware that there's an unlicensed doctor working at a location and when we become aware of incidents like that his office will work with the Department of Business and Professional Regulations and also the State Attorney General's Office because of the possibility of criminal violations. Also, at the time of renewal, a listing is generated and reviewed and inspections are made for those people who did not renew their license. Yearly inspections are made at every building at which time inspectors ask to see occupational license and certificate of use and inspections are also done at time of a complaint. 5) Minette Benson suggested that the Administration contact San Diego County and request a copy of their no littering legislation. Ms. Benson commented on the Colony Theater item and suggested to contact Dennis Russ and Morris Lapidus to review the renovation plans. Christina Cuervo to handle. Ms. Benson gave a brief history of Pelican Island and commented on a Charter Amendment prohibiting the City from issuing a dredge and fill permit for any project in Biscayne Bay.

Handouts:

1) Speakers List

2) Memorandum from Frank Del Vecchio to City Commission, dated October 6, 1999, RE: Draft proposed beachfront concession rules.

 

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

ACTION: Not reached.

 

R9C Discussion to Consider Providing $20,000 to MIDEM to Cover Partial Cost of a Miami Beach Stage

(Requested by Commissioner Simon Cruz)

(Deferred from 9/22/99)

ACTION: Withdrawn by Commissioner Cruz.

R9D Discussion regarding the Playground Problems at the Rainbow Day Care Center Located in the City's 6th Street Community Center.

(Requested by Commissioner Nancy Liebman)

ACTION: Deferred to October 20th. Judy Hoanshelt to place on agenda.

 

End of Regular Agenda

Reports and Informational Items

A Commission Memorandum No. 746-99

Status Report on City Planning for Millennium Weekend.

(Arts, Culture and Entertainment)

ACTION: See New Item listed below item PA-3.

 

B City Attorney Commission Memorandum No. 747-99

City Attorney's Status Report.

(City Attorney's Office)

ACTION: Written report submitted.

 

C Presentation on the Indian Creek Greenway by EDAW's Summer Student Program.

(City Manager's Office)

ACTION: Presentation given. See item PA1.

Handout: Materials submitted by Ms. Jaime Doubek-Racine, Outdoor Recreation Planner, National Park Service on river, trails and conservation assistance program.

 

D Commission Memorandum No. 748-99

Washington Avenue Task Force Status Report - July, August, September, 1999.

(City Manager's Office)

ACTION: Written report submitted.

 

E Commission Memorandum No. 749-99

Status Report on Improvements to Fire Stations.

(City Manager's Office)

ACTION: Written report submitted.

 

F Commission Memorandum No. 750-99

Parking Status Report.

(Parking Department)

ACTION: Written report submitted.

 

G Commission Memorandum No. 751-99

Status Report on the Northshore Streetscape Project.

(Public Works)

ACTION: Written report submitted.

 

Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

October 6, 1999 - 10:00 a.m.

Chairman of the Board Neisen O. Kasdin

Member of the Board Simon Cruz

Member of the Board David Dermer

Member of the Board Susan F. Gottlieb

Member of the Board Nancy Liebman

Member of the Board Martin Shapiro

Member of the Board Jose Smith

Executive Director Sergio Rodriguez

Assistant Director Christina M. Cuervo

Assistant Director Mayra Diaz Buttacavoli

General Counsel Murray H. Dubbin

Secretary Robert E. Parcher

AGENDA

1. ROLL CALL

2. OLD BUSINESS

A. Redevelopment Agency Memorandum No. 99-53

Status Report on the Loews Miami Beach Hotel; the Anchor Shops at South Beach and Parking (16th Street Parking Garage); and the RDP Royal Palm Crowne Plaza Resort Hotel.

ACTION: Written report submitted.

 

B. Redevelopment Agency Memorandum No. 99-54

Anchor Shops and Parking - Monthly Report on Parking Operations, Month of August, 1999.

ACTION: Written report submitted.

 

3. NEW BUSINESS

A. Redevelopment Agency Memorandum No. 99-55

Report of the Itemized Revenues and Expenditures of the Miami Beach Redevelopment Agency for the Eleven Months Ended August 31, 1999.

(Distributed Under Separate Cover)

ACTION: Written report submitted.

 

B. Redevelopment Agency Memorandum No. 99-56

A Resolution Authorizing the Chairman and Secretary to Execute the Modified Sovereignty Submerged Land Lease No. 130765469 Among the City, the Miami Beach Redevelopment Agency, and the Trustees of the Internal Improvement Trust Fund of the State of Florida for the Miami Beach Marina. Joint City Commission and Redevelopment Agency

ACTION: Deferred. See action City Commission item R7A. Judy Hoanshelt to place on agenda.

 

C. Redevelopment Agency Memorandum No. 99-57

A Resolution Approving the Grant of an Easement to Florida Power & Light Company (FPL) for the Provision of Underground Distribution Facilities and a Transformer Vault at the Miami City Ballet Building Site. Joint City Commission and Redevelopment Agency

ACTION: Resolution No. 327-99 adopted. Motion made by Vice-Mayor Shapiro, seconded by Commissioner Smith; voice vote: 5-0; absent: Commissioners Gottlieb and Liebman. Julio Grave de Peralta to handle. See City Commission item R7K.

 

D. Redevelopment Agency Memorandum No. 99-58

A Resolution Approving the Grant an Easement to the Miami City Ballet (MCB) for the Provision of a Ten-Foot Exterior Exit Pathway at the Miami City Ballet Building Site, as Requested by the City of Miami Beach Fire Department. Joint City Commission and Redevelopment Agency

ACTION: Deferred to the October 20th Commission meeting. Judy Hoanshelt to place on agenda.

 

E. Redevelopment Agency Memorandum No. 99-59

A Resolution of the Chairman and Members of the Miami Beach Redevelopment Agency Authorizing the Agency to Exercise the Option to Re-Purchase Parcel 2 (Block 53), Granted Pursuant to the Cobb Development Agreement, as Amended; and Appropriate $1,554,200 from South Pointe Tax Increment Funds for Said Purpose.

ACTION: Resolution not adopted. Discussion held. Item deferred to the October 20th Commission meeting pending further review.

Commissioner Smith stated that the development agreement needs to be reviewed; that the City should meet with counsel; the City needs to consider the ramifications of declaring the developer in default; to consider the ramifications of exercising the option if the City is going to exercise the option and that all these issues are very complicated.

Administration to research and report back at the next Commission meeting. Christina Cuervo and Legal Department to handle. Judy Hoanshelt to place on agenda.

End of Agenda

Meeting adjourned at 4:10 p.m.