City of Miami Beach - City Commission Meeting
Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
October 7,1998

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

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

AFTER ACTION

Call to Order - 8:44 a.m.

Inspirational Message and Pledge of Allegiance

Requests for Additions, Withdrawals, and Deferrals

 

R5C Opened and Continued from the October 2nd Special Commission meeting

Commission Memorandum No. 663-98

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. Continued First Reading

Motion made by Vice-Mayor Liebman; seconded by Commissioner Gottlieb to approve the ordinance using the Planning Boards recommendation as the base and separate motions to amend. Passage of the ordinance will exclude areas 6, 7, 8, 9, 12, 13, 17, 20, 22, 23, 24, 25, 29, 32, 34, 35, and 36 from the ordinance because they require Comprehensive Plan amendments;

Area # 1 Planning Board recommendation adopted

Area # 2 Planning Board recommendation adopted

Area # 3 Planning Board recommendation adopted

Area # 4 Planning Board recommendation adopted

Area # 5 Planning Board recommendation adopted

Areas # 6, 7, 8, and 9 - Separate motion made by Vice-Mayor Liebman directing staff to eliminate commercial use in the area by initiating the appropriate changes to the Comprehensive Plan and the Future Land Use Map and for the staff to further define the uses and land development regulations for the RO category; seconded by Commissioner Cruz; voice vote: 7-0. Issue referred to the Planning Board. Dean Grandin to place on board agenda. The City Manager to also refer to the Planning Board the issue of what uses would be allowed in the RM-2 designation to allow retail in parking garages with some particular uses being recommended.

Area # 10 Motion made by Vice-Mayor Liebman to make the south side of 14th Street RM-2 and the remaining RM-3 adopted; seconded by Commissioner Dermer; voice vote: 7-0.

City Clerk’s Note: Amendment # 1

Area # 11 Motion made by Commissioner Dermer to use the Original Planning Board recommendation; seconded by Commissioner Shapiro; voice vote: 2-5 (for: Commissioners Dermer and Shapiro), (opposed: Mayor Kasdin, Vice-Mayor Liebman, Commissioners Smith, Gottlieb, Cruz) Motion failed.

Planning Board recommendation adopted

Area # 12 Planning Board recommendation adopted

Area # 13 Motion by Commissioner Gottlieb to use the Administration recommendation adopted; seconded by Commissioner Dermer; voice vote 6-0; Mayor Kasdin abstained.

City Clerk’s Note: Amendment # 2

Area # 14 Planning Board recommendation adopted

Area # 15 Planning Board recommendation adopted

Area # 16 Motion by Commissioner Dermer to defer until the next commission meeting; seconded by Commission Smith; voice vote: 1-6 (in favor: Commissioner Dermer); (opposed: Mayor Kasdin, Vice-Mayor Liebman, Commissioners Smith, Shapiro, Gottlieb, Cruz); motion failed.

Planning Board recommendation adopted

Area # 17 Planning Board recommendation adopted

Area # 18 Planning Board recommendation adopted

Area # 19 Planning Board recommendation adopted

Area # 20 Planning Board recommendation adopted

Area # 21 Planning Board recommendation adopted

Area # 22 Motion by Commissioner Gottlieb to approve the Administration recommendation adopted; seconded by Commissioner Cruz; voice vote; 7-0

City Clerk’s Note: Amendment # 3

Area # 23 Planning Board recommendation adopted

Area # 24 Planning Board recommendation adopted

Area # 25 Planning Board recommendation adopted

Area # 26 Planning Board recommendation adopted

Area # 27 Planning Board recommendation adopted

Area # 28 Planning Board recommendation adopted

Area # 29 Motion by Commissioner Gottlieb to approve the Administration recommendation adopted; seconded by Vice-Mayor Liebman; voice vote; 7-0

City Clerk’s Note: Amendment # 4

Area # 30 Motion by Commissioner Gottlieb to approve the Administration recommendation adopted; seconded by Commissioner Shapiro; voice vote; 7-0

City Clerk’s Note: Amendment # 5

Area # 31 Planning Board recommendation adopted

Area # 32 Motion by Vice-Mayor Liebman to approve the Administrations recommendation adopted; seconded by Commissioner Cruz; voice vote; 7-0

City Clerk’s Note: Amendment # 6

Area # 33 Planning Board recommendation adopted

Area # 34 Planning Board recommendation adopted

Area # 35 Planning Board recommendation adopted

Area # 36 Motion by Commissioner Smith to approve the Administration recommendation; seconded by Commissioner Gottlieb; after further discussion Commissioner Gottlieb withdrew her second. Commission Cruz seconded the motion. Ballot vote: 3-4 (in favor: Commissioners Dermer, Cruz, and Smith); (opposed: Mayor Kasdin, Vice-Mayor Liebman, Commissioners Gottlieb, and Shapiro) - Motion Failed.

Planning Board recommendation adopted

Area # 37 Planning Board recommendation adopted

Area # 38 Planning Board recommendation adopted

Vote on the first reading ordinance: 7-0; second reading and second public hearing is scheduled for October 21, 1998 at 5:01 p.m. Planning Department to publish notice.

Handouts:

1. Miami Design Preservation League - Significant Architecture Found in the Palmview Neighborhood (colored pictures)

2. Memo from Miami Design Preservation League to Mayor and City Commissioners dated October 3, 1998, RE: Proposed Zoning Ordinances, City Commission Meeting, 10/3/98

3. "Owners of 39 properties who are against single family and against historic."

4. Zoning Districts and Regulations: City Code Section 142-605. Development Regulations per Commissioner Gottlieb’s request.

5. Petition signed by Florence Black opposing the down zoning of area 16.

6. Chart "Penn Court Comparison".

7. Letter from Gary Davenport, Billy Imad Kemp, Rosine Bretton,MD., and Armand Braiger to Mayor Kasdin and City Commissioners dated October 6, 1998, RE: "The urgent need to down zone and protect Palm View Neighborhood before it is destroyed, and to designate it a Historic District".

8. Save Miami Beach supports the following district changes to the Zoning Map.

9. Speakers’ list

PA - Presentations and Awards

PA1 Certificates of Appreciation to be Presented to Police Officer Carol Graham and Code Compliance Officer Kelly Goeden for Their Initiative and Dedication to the Community.

(Requested by Commissioner Jose Smith)

ACTION: Certificates presented.

PA2 Proclamations to be Presented to Mt. Sinai Medical Center, the American Cancer Society, Miami-Dade County Public Schools, and Dade County Parent Teacher's Association for Their Outstanding Contribution to Breast Cancer Awareness.

(Requested by Mayor Neisen Kasdin)

ACTION: Proclamations presented.

PA3 Certificates of Appreciation to be Presented to Rick and Mario Rivera for Valor and Heroism by Rescuing Rosie O'Donnell.

(Requested by Mayor Neisen Kasdin)

ACTION: Certificates presented.

PA4 A Proclamation to be Presented Proclaiming October 4 - 10, 1998 as Fire Prevention Week.

(Fire Department)

ACTION: Proclamation presented.

PA5 Certificates of Appreciation to Be Presented for Service to the City Regarding Hurricane Georges.

(City Manager's Office)

ACTION: Certificates presented.

PA6 ADD-ON ITEM:

Certificate of Appreciation presented to Stuart L. Blumberg for serving for 8 years on the Miami Beach Convention Center Advisory Board.

ACTION: Certificate presented.

CONSENT AGENDA

Consent agenda approved. Motion made by Commissioner Cruz; seconded by Commissioner Smith; voice vote: 6-0. Absent: Vice-Mayor Liebman.

C2 - Competitive Bid Reports

C2A Commission Memorandum No. 664-98

Request for Approval to Award a Contract to Thermal Concepts, Inc., in the Estimated Annual Amount of $17,245.15, Pursuant to Bid No. 89-97/00 for a Two-Year Contract for the Supply and Installation of Insulation for Chilled Water Pipes, Refrigeration Pipes, Air Handler Panels and Air Conditioning Duct Work, 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.

C2B Commission Memorandum No.

Request for Approval to Award a Contract regarding Request for Proposals (RFP) No. 115-97/98 for a Feasibility Consultant in Connection with the Improvement and Development of the City's Municipal Golf Courses.

(Recreation, Culture and Parks)

(To be Submitted)

ACTION: Withdrawn. (See Supplemental Materials Agenda)

C4 - Commission Committee Assignments

C4A Referral to the Finance and Citywide Projects Committee - Venetian Causeway Improvement Project.

Recommendation: Referral of matter.

(Requested by Vice-Mayor Nancy Liebman)

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

C4B Commission Memorandum No. 665-98

Referral to the Community Affairs Committee - Criteria for Issuance of a Request for Proposals (RFP) Detailing the Function(s) to be Provided within the Lincoln Road Structure.

Administration Recommendation: Referral of matter.

(City Manager's Office)

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

C4C Referral to the Land Use and Development Committee - A Resolution Adopted by the Historic Preservation Board relative to the Ethics Ordinance.

Recommendation: Referral of matter.

(Requested by Vice-Mayor Nancy Liebman)

ACTION: Separated by Commissioner Dermer for discussion. Referred. Janet Gavarrete to place on committee agenda.

C4D Referral to the Land Use and Development Committee - Discussion of City's Restriction of Outdoor Pay Phones on Private Property.

Recommendation: Referral of matter.

(Requested by Vice-Mayor Nancy Liebman)

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

C7 - Resolutions

C7A Commission Memorandum No. 666-98

A Resolution Approving and Authorizing the Placement of 46 Banners for the South Florida International Auto Show, to Be Held at the Miami Beach Convention Center from November 6, 1998 to November 15, 1998, as Requested by the Applicant at the Following Locations: I-95 (MacArthur Causeway), Starting at the Miami Beach City Limits to Alton Road; 5th Street, from Alton Road to Ocean Drive; Alton Road, from Dade Boulevard to 5th Street; and Convention Center Drive, from 17th Street to Dade Boulevard; Said Banners Would Be Affixed to Light Poles in the Public Right-of-Way, Measure 2.4' X 6' and Have Copy and Design as Shown on the Drawings; The Administration Further Recommends That These Banners Be Installed No Earlier than October 23, 1998, and Removed by November 18, 1998.

Administration Recommendation: Adopt the Resolution.

(Arts, Culture and Entertainment)

ACTION: Resolution No. 98-22926 adopted. Ronnie Singer to handle.

C7B Commission Memorandum No. 667-98

A Resolution Amending and Restating the Citizen Participation Plan in Order to Comply with the Federal Regulations Governing the Consolidated Plan and City of Miami Beach Ordinance No. 97-3086 Governing Agencies, Boards and Committees.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 98-22927 adopted. Christina Cuervo to handle.

C7C Commission Memorandum No. 668-98

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute an Agreement between the City of Miami Beach and the Miami Beach Transportation Management Association (MBTMA), for the Transfer of $95,700 in Project Administration Funds from the Adopted 1998/99 Electrowave Operating Budget, for Contract Management and Administrative Services to Be Performed by MBTMA for the Electrowave Project; Such Fund Transfer Being Made on a Quarterly Basis, Beginning October 1, 1998.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 98-22928 adopted. Christina Cuervo to handle. A form PUR 7068 needs to be filed.

C7D Commission Memorandum No. 669-98

A Resolution Approving Accepting a Cash Donation of $300 from Alan I. Waserstein - St. Tropez L.C. for the Purpose of Purchasing Furniture and Fixtures to Improve Living Conditions at the City's Fire Stations.

Administration Recommendation: Adopt the Resolution.

(Fire Department)

ACTION: Resolution No. 98-22929 adopted. Chief Garcia to handle.

C7E Commission Memorandum No. 670-98

A Resolution Adopting a Budget and Appropriating Funds for the Police Special Revenue - Capital Account for Fiscal Year 1998/99, in the Amount of $23,682, Said Account Funded by Unclaimed Evidence Currently Held in the Police Special Revenue - Capital Account.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 98-22930 adopted. Chief Barreto to handle.

C7F Commission Memorandum No. 671-98

A Resolution Adopting and Appropriating Funds for the Police Confiscation Trust Fund Budget for Fiscal Year 1998/99 in the Amount of $301,563, Said Budget to be Funded from the Proceeds of Confiscated Funds ($224,363 from State Funds and $77,200 from Federal Funds).

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 98-22931 adopted. Chief Barreto to handle.

C7G Commission Memorandum No. 672-98

A Resolution Adopting the Budget and Appropriating Funds for the Police Training Trust Fund for Fiscal Year 1998/99.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 98-22932 adopted. Chief Barreto to handle.

C7H Commission Memorandum No. 673-98

A Resolution Approving Change Orders, "A" Through "N", with Danville - Findorff, Inc., in the Total Amount of $45,677; Further Approving a Contingency Amount of $308,823 from the Appropriated Funds in Account No. 364.2076.069358, for the Continued Expansion and Renovation of the Bass Museum of Art.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 98-22933 adopted. Julio Grave de Peralta to handle.

C7I Commission Memorandum No. 674-98

A Resolution Designating Christina M. Cuervo, Assistant City Manager, as the Agent to Represent the City of Miami Beach with the Federal Emergency Management Administration, Florida Department of Community Affairs, and Related Agencies through December 31, 2000, to Execute Requests for Assistance, Damage Claims, Requests for Payments, and Other Supplemental Documents in Order to Request and Receive Disaster Relief Grants and Recovery Assistance Following Natural Disasters, and Making the Designation Retroactive to September 10, 1998.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 98-22934 adopted. Christina Cuervo to handle.

C7J Commission Memorandum No. 675-98

A Resolution Accepting the Ranking of Responses Received and Authorizing the Administration to Enter into Negotiations for a Contract with the Number-One Ranked Firm, REG Architects, Inc., Pursuant to Request For Qualifications (RFQ) No. 58-97/98 for Providing Architectural/Engineering Services for the Bayshore/Par 3 and Normandy Shores Course Clubhouses; Authorizing the Administration to Negotiate with the Second-Ranked Firm, Corzo, Castella, Carballo, Thompson & Salman, P.A., Should the Administration Not be Able to Reach Agreement with REG Architects, Inc.

Administration Recommendation: Adopt the Resolution.

(Recreation, Culture and Parks)

ACTION: Separated by Commissioner Gottlieb for discussion. Discussion held. Resolution No. 98-22941 adopted. Administration has a good indication of the cost to renovate the golf courses. By proceeding with the above negotiations the Administration will approximate what it will cost to renovate the golf clubhouses. Administration not to take any further action, other than what’s authorized above, without City Commission approval. Kevin Smith to handle.

C7K A Resolution Supporting and Urging the Miami-Dade County Commission to Adopt the County's Proposed Human Rights Ordinance, Prohibiting Discrimination Against Individuals on the Basis of Sexual Orientation, and Currently Scheduled to be Heard before the County Commission at its Next Regular Meeting on October 20, 1998. (Submitted via Supplemental Materials(2) Agenda)

Recommendation: Adopt the Resolution

(Requested by Commissioner David Dermer)

(Original Document in Legal - To Be Submitted)

ACTION: Resolution No. 98-22935 adopted. Motion made by Commissioner Dermer; seconded by Commissioner Cruz; vote: 6-0. Absent: Vice-Mayor Liebman. Mayra Diaz Buttacavoli to handle.

Clerk’s note: This item was approved via the Consent Agenda. Commissioner Dermer brought this item up for discussion and a vote as the last item of the evening. Motion made by Commissioner Dermer; seconded by Commissioner Cruz; voice vote: 6-0. Absent: Vice-Mayor Liebman.

End of Consent Agenda

REGULAR AGENDA

R2 - Competitive Bid Reports

R2A Commission Memorandum No. 676-98

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)

(Deferred from 9/23/98)

ACTION: Discussion held. Commissioner Gottlieb expressed concerns about the bid responses in the area of the price disparity and why only two bid responses were received. Based on her concerns, Commissioner Gottlieb made a motion to award the bid to the second ranked bidder (Environmental Care, Inc.) pending review by the Legal Department, and that if the award is deemed to be not in compliance with the bid, that the award be brought back to the Commission; seconded by Commissioner Smith; voice vote: 6-0; Absent: Vice-Mayor Liebman. Judy Ford to process contract. Kevin Smith to handle.

Handout: List of reference: Florida Lawn Services, Inc.

R2B Commission Memorandum No. 677-98

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)

(Deferred from 9/23/98)

ACTION: Discussion held. Contract awarded to Florida Lawn Services, Inc. Motion made by Commissioner Cruz; seconded by Commissioner Gottlieb; voice vote: 6-0; absent: Vice-Mayor Liebman. Judy Ford to process contract. Kevin Smith to handle.

Handout: List of reference: Florida Lawn Services, Inc.

R5 - Ordinances

R5A Commission Memorandum No. 678-98

An Ordinance Amending the Code of the City of Miami Beach, Florida, by Amending Article IV Entitled "Uses in Public Rights-of-Way", Amending Division 2 Entitled "Temporary Obstructions", Amending Section 82-151 Entitled "Permit Required", by Deleting Public Works Insurance Requirements for Filming and Special Events, and by Amending Exemptions to Include Filming and Special Events; Providing for Codification, Repealer, Severability and an Effective Date. 10:30 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Arts, Culture and Entertainment - First Reading 9/9/98)

ACTION: Public hearing held. Ordinance No. 98-3138 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Smith; ballot vote: 6-0; Absent Vice-Mayor Liebman. Ronnie Singer to handle.

R5B Commission Memorandum No. 679-98

An Ordinance Amending Chapter 82 of the Miami Beach City Code, Entitled "Sidewalk Cafes" Amending Subsections 82-383, Entitled "Fee; Renewal Fee; Penalties for Late Payments for Renewal Fee" by Adding a One (1) Year Exemption for Square Footage Fees for Sidewalk Cafes Located on 71st Street, Normandy Drive, Normandy Fountain Circle and/or Ocean Terrace; Providing for Repealer, Severability, Codification, and an Effective Date. First Reading

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

(Finance Department)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Smith; seconded by Commissioner Dermer; ballot vote: 6-0; Absent: Vice-Mayor Liebman. Second reading and public hearing scheduled for October 21st at 11:00 a.m. R. Parcher to publish notice.

R5C Commission Memorandum No. 680-98

An Ordinance Amending Chapter 102 of the Miami Beach City Code Entitled "Taxation", Article V Occupational License Tax of the Miami Beach City Code, Amending by Eliminating Subsection 102-362(2), Amending 102-371(g) by Eliminating Requirement of Annual Renewal, and Amending 102-371(h) by Requiring Annual Submission with Renewal in the Case of Sellers of Travel Only; and Amending 102-372 to as a Ground for Denial or Renewal If the Applicant is Delinquent in Payment of Any License Fee; Code Enforcement Lien; Special Assessment Lien and or Any Other Debt of Obligation Due to the City under State or Local Law; Providing for Repealer, Severability, Codification, and an Effective Date. First Reading (Ordinance in Legal - To be Submitted - Supplemental Materials Agenda)

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

(Finance Department)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Gottlieb; seconded by Commissioner Cruz; ballot vote: 6-0; Absent: Vice-Mayor Liebman. Second reading and public hearing scheduled for October 21st at 2:00 p.m. R. Parcher to publish notice.

R5D Commission Memorandum No. 681-98

An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance of the City of Miami Beach, Florida, Providing for a 3% Salary Increase Effective September 29, 1997; and a 3% Increase Effective September 28, 1998; and a 3% Increase Effective September 27, 1999; Abolishing the Classification of I.D. Officer; Eliminating the Two Tier Compensation Plan for Those Classifications Represented by the Fraternal Order of Police (FOP) in Accordance with the Negotiated Agreement; Repealing All Ordinances in Conflict; Providing for Severability; and Providing for an Effective Date. 11:00 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Labor Relations)

(First Reading 9/9/98)

ACTION: Public hearing held. Ordinance No. 98-3139 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Smith; ballot vote: 7-0. Richard Bender to handle.

R5E Commission Memorandum No. 682-98

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. 11:15 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Labor Relations)

(First Reading 9/23/98)

ACTION: Public hearing held. Ordinance No. 98-3140 adopted. Motion made by Commissioner Smith; seconded by Commissioner Gottlieb; ballot vote: 7-0. Richard Bender to handle.

R5F Commission Memorandum No. 683-98

Five Ordinances Authorizing Renewal of the Non-Exclusive Franchises for Collection and Disposal of Solid Waste for a Five (5) Year Period. 4:00 p.m. Public Hearing, Second and Final Readings

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. Second and Final 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. Second and Final 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. Second and Final 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. Second and Final 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. Second and Final Reading

Administration Recommendation: Adopt the Ordinances.

(Sanitation Department)

ACTION: Public hearings held.

1. Ordinance No. 98-3141 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Cruz; ballot vote: 6-0; Absent: Vice-Mayor Liebman.

2. Ordinance No. 98-3142 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Cruz; ballot vote: 6-0; Absent: Vice-Mayor Liebman.

3. Ordinance No. 98-3143 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Cruz; ballot vote: 6-0; Absent: Vice-Mayor Liebman.

4. Ordinance No. 98-3144 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Cruz; ballot vote: 6-0; Absent: Vice-Mayor Liebman.

5. Ordinance No. 98-3145 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Cruz; ballot vote: 6-0; Absent: Vice-Mayor Liebman.

Ronnie Singer to handle.

R7 - Resolutions

R7A Commission Memorandum No. 684-98

1. A Resolution Approving the Fiscal Year 1998/99 Budget for the Miami Beach Cultural Arts Council, in the Amount of $1,050,000.

2. A Resolution Accepting and Approving the Recommendations of the Miami Beach Cultural Arts Council for 1998/99 Grant Awards, Totaling $500,000, to Eligible Cultural Organizations; Said Grant Awards to be Funded from the Fiscal Year 1998/99 Cultural Arts Council Budget.

Administration Recommendation: Adopt the Resolutions.

(Arts, Culture and Entertainment)

ACTION:

1. Resolution No. 98-22936 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Smith; voice vote: 7-0.

2. Resolution No. 98-22937 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Smith; voice vote: 7-0.

Commissioner Gottlieb stressed the importance of establishing an endowment in order to ensure the viability of future funding for cultural organizations and requested that the Council be committed to use any additional funds to establish an endowment. The City Manager stated that he would work with the Council in establishing a goal for creation of an endowment and that furthermore he will work with the City's lobbyists to seek additional grant funding. Ronnie Singer to handle.

R7B Commission Memorandum No. 685-98

A Resolution Appropriating the Amount of $1,635,000 for Funds Required to Operate the 7th Street and Collins Avenue Parking Garage for Fiscal Year 1998/99, and Also to Repay the Proportionate Share of the Gulf Breeze Loan Pool Debt Service. (Budget to be Submitted)

Administration Recommendation: Adopt the Resolution.

(Parking Department)

ACTION: Resolution No. 98-22938 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Cruz; voice vote: 6-0; Absent: Vice-Mayor Liebman. Commissioner Gottlieb requested that the revenue/expenditures be closely monitored. Commissioner Cruz will meet with the Administration to discuss contract related to Central Parking. Jackie Gonzalez to handle.

Clerk's Note: Budget submitted via Supplemental Materials Agenda.

R7C Commission Memorandum No. 686-98

A Resolution Approving and Authorizing the Proposed Uses of the Local Law Enforcement Block Grant Funds. 3:30 p.m. Public Hearing

Administration Recommendation: Adopt the Resolution.

(Police Department)

(Scheduled on 9/23/98)

ACTION: Public hearing held. Resolution No. 98-22939 adopted. Motion made by Commissioner Shapiro; seconded by Commissioner Cruz; voice vote: 6-0; Absent: Vice-Mayor Liebman. Chief Barreto to handle.

R7D Commission Memorandum No. 687-98

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. 11:30 a.m. Public Hearing

Administration Recommendation: Adopt the Resolution.

(Public Works)

(Continued from 9/23/98)

ACTION: Public hearing held. Motion to adopt the resolution made by Vice-Mayor Liebman; seconded by Commissioner Gottlieb; ballot vote: 3 in favor (Vice-Mayor Liebman and Commissioners Gottlieb and Smith; 4 opposed (Mayor Kasdin and Commissioners Cruz, Dermer and Shapiro). Motion failed.

Handout:

1. Letter from Morris Lapidus to Members of the City Commission dated October 5, 1998 RE: moving 44th Street to the south.

2. Memo from Sergio Rodriguez, City Manager, to Commissioner Dermer, Dated October 6, 1998 RE: Fontainebleau Expansion Project

R7E Commission Memorandum No. 688-98

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute a Service Agreement with Onyx Florida, LLC, for the Operation of the Stash Site at Bayshore Golf Course, Located North of the Intersection of 28th Street and Meridian Avenue, for a Term Concomitant With Onyx's Service Agreement to Provide Residential Solid Waste and Yard Trash Collection and Disposal Contract, Including Renewal Options.

Administration Recommendation: Adopt the Resolution.

(Sanitation Department)

ACTION: Resolution not adopted. City Attorney stated that he had a concern with the agreement based upon the fact that the existing contract with the present operator of the stash area has not as yet expired and advised that before approving this contract he would seek a waiver from the present operator or wait until the expiration of the current contract in June{contract expires in May 1999}. Motion to defer the item was made by Commissioner Dermer; seconded by Commissioner Cruz; voice vote: 6-0; Absent: Vice-Mayor Liebman. Legal Department and Ronnie Singer to handle. Judy Hoanshelt to place on October 21st agenda.

R8 - Old Business

R8A Commission Memorandum No. 689-98

Placement of a Monument on Behalf of Jorge Mas Canosa.

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

(City Manager's Office)

(Deferred from 9/9/98)

ACTION: Discussion held. Motion was made by Commissioner Cruz to refer the issue to the Art in Public Places Committee to find a suitable place for placement of the monument other than next to the Miami Beach Public Library on 21st Street (Cultural Art Campus), and accept the bust; seconded by Commissioner Smith; voice vote: 6-0; Absent: Vice-Mayor Liebman. Kaslyn Mohamed, liaison to the board, to place on the Art in Public Places agenda.

Handouts:

1. Memo from Gertrude R. Miller to Mayor and Commissioners dated 9/9/98 RE: A monument in memory of Jorge Mas Canosa anywhere in Miami Beach is not appropriate.

2. Letter from Bruno A. Barreiro. Miami-Dade County Commissioner District 5 to Mayor Kasdin and Members of the City Commission, dated October 6, 1998, RE: Support to the request to place a monument in honor of Jorge Mas Canosa next to the Miami Beach Public Library.

3. Speakers’ list.

R8B Commission Memorandum No. 690-98

Update on North Bay Road and 20th Street Traffic.

(Public Works)

(Deferred from 9/23/98)

ACTION: Deferred. Judy Hoanshelt to place on the October 21st agenda.

Handout: Letter from Jim Schlobohm, Alton Road Homeowners Association to Sergio Rodriguez, City Manager, dated October 10, 1998, RE: Unacceptable to defer the vote again

R8C Commission Memorandum No. 691-98

A Status Report and Request for Direction on the Proposed Youth Center at North Shore Park.

Administration Recommendation: That the Mayor and Members of the City Commission review the status report and provide direction to the Administration as to how to proceed with the proposed Youth Center at North Shore Park.

(Recreation, Culture and Parks)

ACTION: Discussion held. Motion was made by Commissioner Gottlieb approving option #2 as outlined in the Commission memorandum and as recommended by the Administration; seconded by Commissioner Smith; voice vote: 6-0; Absent: Vice-Mayor Liebman. Total cost of the project estimated to be $2.5 million (not $2.7 million). Commissioner Smith suggested possible funding from CDBG similar to the funding for the PAL building and that perhaps some additional funds would become available from the North Shore Open Space Park in the event that the state reimburses the city for maintenance expenses.

City Clerk’s Note: Option #2 - Proceed with the design development of North Shore Park and Youth Center, assuming the additional funding of approximately $1 million will be secured at a future date. The schematic plans could be developed to permit the addition of facilities when and if future funding is available. It should be noted that the projected cost to design the additional components through the schematic phase is approximately $10,800. This would be expended from the current allocation of $1.7 million.

R9 - New Business and Commission Requests

R9A Commission Memorandum No. 692-98

Board and Committee Appointments for the Meeting of October 7, 1998.

(City Clerk's Office)

1. Appointment of Jonathan Beloff to the Housing Authority.

(Requested by Mayor Neisen Kasdin)

ACTION: Board and Committee appointments deferred. Judy Hoanshelt to place on the October 21st agenda.

1. Discussion held. Appointment of Jonathan Beloff to the Housing Authority confirmed. Motion made by Commissioner Smith; seconded by Commissioner Gottlieb; ballot vote: 4 in favor (Mayor Kasdin and Commissioners Cruz, Gottlieb and Smith); 2 opposed (Commissioners Dermer and Shapiro); Absent: Vice-Mayor Liebman. R. Parcher to handle.

2. Mayor Kasdin nominated Mr. Artie Unger (accountant) to the Health Facilities Authority; seconded by Commissioner Gottlieb; no vote taken since this was the only nomination.

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

ACTION: 1) Mary Elizabeth Donnelly questioned why the landscaping and palm trees were removed from the cul-de-sac at 56th Street and requested that this landscaping be replaced by the City. Janet Gavarrete to handle. 2) Howard Dixon expressed concern regarding the County's proposed renovation of the MacArthur Causeway and the impact of traffic on the City. 3) Toquil Smith commented that he was being photographed and fingerprinted because of his appearance: Roger Rabbit and Swamp-Thing. 4) Joseph Hill requested the Commission's opinion on the impact of Jesus Christ on the city. 5) Franklin Zavala-Velez questioned the status of the negotiated contract between the City and the clerical workers.

Handouts:

1. Letter from Mayor Kasdin to Mr. Patrick Foy dated August 19, 1998 RE: remove the areca palms from the 56 Street cul-de-sac. Attached to a letter from Joseph Pinon, Executive Assistant to the City Manager, to Ms. Elizabeth Donnelly, dated February 8, 1993 Topic of the letter:: in regards to planting high foliage, the main reason is to discourage the use of the street end by the general public who go fishing.

2. Speakers’ list

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

ACTION: 1) David Kelsey, representing the South Beach Hotel and Restaurant Owners, requested the City to allocate 10% of the resort taxes collected in the South Beach area to fund a 3-5 year program to develop and promote a year-round tourist program including utilization of the internet to promote business on Miami Beach. Mayor Kasdin suggested that Mr. Kelsey submit a written plan to the Administration and to seek money from the Visitors and Convention Authority, Greater Miami Convention and Visitors Bureau (GMCVB) and the South Beach Marketing Council. 2) Ruth Pascall-Valencia questioned how a person applies to be a board members and what exactly is the process of appointments to boards and committees. 3) Bea Kalstein commented on funding the GMCVB and why is the City purchasing land to build a library.

Handout: Speakers’ list

R9C Discussion regarding Nautilus (Polo Park) Project.

(Requested by Mayor Neisen Kasdin)

ACTION: Mr. Jim Dillard, representing the Miami-Dade County School Board, addressed the issues raised by the Commission. Mr. Dillard advised the Commission that a preconstruction meeting is scheduled for Thursday, October 8th, at which time the City's concerns would be addressed. Commissioner Dermer expressed concerns about the maintenance of the park and specifically about the litter not being cleaned from the tennis courts. Commissioner Dermer questioned the status of the locked gates and requested that residents in the area be allowed access to the park. The work, according to Mr. Dillard, will be completed by February 5, 1999. Kevin Smith to handle.

R9D Discussion regarding Mandatory Legislation for Buildings and Construction Sites Requiring All Construction Materials to be Secured During a Hurricane Warning.

(Requested by Commissioner Susan Gottlieb)

ACTION: Deferred. Judy Hoanshelt to see if this item should be place on the October 21st agenda.

R9E Discussion regarding Home Inspections by Code Compliance.

(Requested by Commissioner Jose Smith)

ACTION: Deferred. Judy Hoanshelt to place on the October 21st agenda.

R9F Discussion regarding the Sanitation Impact Fee.

(Requested by Commissioner Martin Shapiro)

ACTION: Deferred. Judy Hoanshelt to place on the October 21st agenda.

Handout: Letter from Henry Kay (Miami Beach Council of Condominiums to Mayor Kasdin and Commissioners, dated October 6, 1998 RE: Condos and co-op are not commercial enterprises and should not be subject to garbage or sanitation impact fees.

R10 - City Attorney Reports

R10A 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 October 7, 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, Planning Director Dean Grandin, Jr., Deputy City Attorney Jean Olin, 1st Assistant Diana Grub Frieser, and Special Counsel Arnaldo Velez.

ACTION: The Executive Session was announced and held.

End of Regular Agenda

Reports and Informational Items

A City Attorney Commission Memorandum No. 693-98

City Attorney's Status Report.

(City Attorney's Office)

ACTION: Written report submitted.

B Commission Memorandum No. 694-98

Status Report on the Cultural Campus.

(City Manager's Office)

ACTION: Written report submitted.

C Commission Memorandum No. 695-98

Parking Status Report.

(Parking Department)

ACTION: Written report submitted.

D Commission Memorandum No. 696-98

Report on the Roofs at the Miami Beach Convention Center and the Jackie Gleason Theater of the Performing Arts. (Public Works)

ACTION: Written report submitted.

Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

October 7, 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

A. Redevelopment Agency Memo No. 98-39

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. No action taken.

B. Discussion of Tishman's Responsibility Relative to the Loews Hotel.

(City Attorney's Office)

ACTION: Michael Meyer, representing the Tishman Group, stated that he had read the City Attorney's memo and responded to Commissioner Dermer's question regarding the existence of any oversight as to the engineering and/or construction of the project. Mr. Meyer stated that he was never the architect or engineer of record and that prior to construction in addition to negotiating the deal as part of the negotiation it was Tishman's responsibility for approval of the plans and specifications to make certain that the hotel was accomplished and that there was general conformance to acceptable engineering and architectural practices.

Mayor Kasdin stated the importance of Tishman taking a vigorous position in protecting the City financially so that change orders are minimized and that the City take a bargaining position on anything which could delay the City's return on its investment. Commissioner Gottlieb wants the garage to open on-time and request progress reports.

Administration to report on the expected opening of the garage. Christina Cuervo to handle.

Handout: Letter from Murray Dubbin and Lawrence Levy to Mayor Kasdin and Members of the City Commission, dated October 7, 1998, RE: Tishman Contact/Loews Hotel Structural Engineering.

3. NEW BUSINESS

A. Redevelopment Agency Memo No. 98-40

A Resolution Authorizing the Chairman and Secretary to Execute a Quit Claim Deed Transferring Title to the 16th Street Extension between Washington and Collins Avenues to the City of Miami Beach as a Public Right-of-Way.

ACTION: Resolution No. 306-98 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Gottlieb voice vote: 6-0; Absent: Vice-Mayor Liebman. Christine Cuervo to handle.

Clerk's Note: Quit Claim Deed to be filed in the City Clerk's office.

B. Redevelopment Agency Memo No. 98-41

Report on the Cobb Development Agreement - New South Shore Library Location.

ACTION: Discussion held. The following concerns were raised regarding the development agreement: 1) the $275,000 to provide a library in the area; can this amount be allocated to the new regional library; 2) does the City have to acquire a condominium and pay for its maintenance; 3) what other alternatives does the City have; 4) what outstanding obligations does the City have; and 5) what other options the City has which are in the best financial interest to the City. What rights does the City have to terminate the agreement? Legal Department and Administration to meet with the developer to determine obligations and outstanding defaults. Christina Cuervo to handle.

End of Agenda

The Commission meeting was adjourned at 7:16 p.m.