Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
October 21,1998

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"

AFTERACTION

CONSENT AGENDA

Call to Order - 9:00 a.m.

Inspirational Message and Pledge of Allegiance

Requests for Additions, Withdrawals, and Deferrals

PA - Presentations and Awards

PA1 Presentation by SMG of a Check for $100,000.

(City Manager's Office)

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

PA2 Announcement of the Collaborative Effort to Build a Facility for the Performing Arts Academy and Artec (Arts and Entertainment Academy) at Miami Beach Senior High School; and Recognition of Maria Ruiz, Director of Office of Children's Affairs, Dr. Renuart, Miami Beach Senior High and Ronald Shane and the Shane Family Foundation

(Requested by Mayor Neisen Kasdin)

ACTION: Announcement made.

PA3 Presentation by South Beach Marketing Council concerning their Efforts to Market South and Miami Beach.

(Requested by Mayor Neisen Kasdin)

ACTION: Presentation made.

Handout: South Beach Marketing Council materials.

CONSENT AGENDA

Consent agenda approved. Motion made by Commissioner Gottlieb; seconded by Commissioner Cruz; Vote: 7-0.

C4 - Commission Committee Assignments

C4A Commission Memorandum No. 699-98

Referral to the Neighborhoods Committee - Proposed Revisions to the Special Events Guidelines.

Administration Recommendation: Referral of matter.

(Office of Arts, Culture and Entertainment)

ACTION: Referred. Ronnie Singer to place on committee agenda. James Quinlan to handle.

C4B Commission Memorandum No. 701-98

Referral to the Planning Board - Video Game Arcades.

Administration Recommendation: Referral of matter.

(Planning Department)

ACTION: Referred. Motion made by Vice-Mayor Liebman to include in the referral tattoos parlors, body piercing establishments, tarot card readers and the committee can look at other similar types of usages; seconded by Commissioner Cruz; voice vote: 7-0. Dean Grandin to place on Planning Board agenda. Vice-Mayor Liebman requested the Legal Department to review distance separation for tatoo parlors.

C7 - Resolutions

C7A Commission Memorandum No. 702-98

A Resolution Retroactively Authorizing the City Manager to Submit an Application to the State of Florida Cultural Institutions 1999-2000 Grant Program, for a Total of $205,782 Per Year for Three Years; Authorizing the Acceptance of the Grant if Awarded; and Appropriating the Funds in Compliance with the Terms of the Grant.

Administration Recommendation: Adopt the Resolution

(Bass Museum)

ACTION: Resolution No. 98-22942 adopted. Mayra Diaz Buttacavoli to handle.

C7B Commission Memorandum No. 703-98

A Resolution Electing Commissioner Simon Cruz as Vice-Mayor for a Term Commencing on November 1, 1998, and Terminating on February 28, 1999, or on such Date when a New Vice-Mayor is thereafter Elected.

Administration Recommendation: Adopt the Resolution

(City Clerk's Office)

ACTION: Resolution No. 98-22943 adopted. R. Parcher to handle.

C7C Commission Memorandum No. 704-98

A Resolution to Fund the Off-Duty Police Program for Washington Avenue through January 1999; Appropriating Those Funds, in the Amount of $100,000, from Police Funds as Part of the Law Enforcement Trust Fund, 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. 98-22944 adopted. Chief Barreto to handle.

C7D Commission Memorandum No. 705-98

A Resolution Authorizing the Establishment of a Checking Account at SunTrust Bank Entitled "City of Miami Beach Cultural Arts Council," to Provide for Payments to Cultural Arts Council Grant Recipients, and for Operating and Other Costs; and Requiring Two Signatures for the Execution of Vouchers.

Administration Recommendation: Adopt the Resolution.

(Finance Department)

ACTION: Resolution No. 98-22945 adopted. Patricia Walker to handle.

C7E Commission Memorandum No. 706-98

A Resolution Authorizing the Mayor and City Clerk to Execute an Agreement with Urban Resource Group, for Professional Landscape, Architectural and Engineering Services for Streetscape and Traffic Calming Features on North Bay Road and West Avenue, in an Amount Not to Exceed $20,950, for Traffic Evaluation and Schematic Designs for the Area of Dade Boulevard, from Purdy Avenue to Alton Road; and Further Authorizing an Appropriation from Reallocated Bond Fund 351 into a Work Order to Be Established.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 98-22946 adopted. Julio Grave de Peralta to handle.

C7F Commission Memorandum No. 707-98

A Resolution Retroactively Approving and Authorizing the City Manager, or His Designee, to Submit a Grant Application to the Miami-Dade County Cultural Affairs Council for Funding Consideration under the 1998-99 Community Grants Program, for Support of the Recreation, Culture and Parks Department’s 1999 Festival of the Arts, In the Amount of $10,000, with a Matching Fund of $10,000; Accepting the Grant, If Awarded; and Appropriating the Awarded Funds in Compliance with the Terms of the Grant.

Administration Recommendation: Adopt the Resolution.

(Recreation, Culture and Parks)

ACTION: Resolution No. 98-22947 adopted. Kevin Smith to handle.

End of Consent Agenda

REGULAR AGENDA

R2 - Competitive Bid Reports

R2A Commission Memorandum No.

Request for Approval to Award a Contract 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.

(Convention Center)

(Deferred from 7/15/98)

(To be Submitted)

ACTION: Withdrawn.

R2B Commission Memorandum No. 708-98

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: Discussion held. Commissioner Gottlieb expressed concerns regarding the bidding/selection process and objected to the current process of bid selection because it takes too much control away from the City Commission. The Administration will work with the Legal Department to determine if a revision to the City Code or to the bid language allow the Commission greater flexibility in awarding bids. Administration to monitor the performance. Judy Ford and Kevin Smith to handle.

Contract awarded to Florida Lawn Services. Motion made by Vice-Mayor Liebman; seconded by Commissioner Cruz; voice vote: 6-1; (opposed Commissioner Gottlieb).

R5 - Ordinances

R5A Commission Memorandum No. 709-98

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. 11:00 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Finance Department)

(First Reading 10/7/98)

ACTION: Public hearing held. Ordinance No. 98-3146 adopted. Motion made by Commissioner Smith; seconded by Commissioner Gottlieb; ballot vote: 7-0. Patricia Walker to handle.

R5B 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 Subsections 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 or Obligation Due to the City under State or Local Law; Providing for Repealer, Severability, Codification, and an Effective Date. 2:00 p.m. Public Hearing, Second and Final Reading

(Finance Department)

(First Reading 10/7/98)

(OPEN AND CONTINUE TO NOVEMBER 4, 1998 AT 11:00 A.M.)

ACTION: Public hearing opened and continued to November 4th at 11:00 a.m. Motion made by Vice-Mayor Liebman; seconded by Commissioner Smith; voice vote: 6-0; Commissioner Shapiro absent. R. Parcher to publish notice.

R5C Commission Memorandum No. 710-98

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 Immobilization Contractors 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 Requiring Contractor to Respond Within Thirty (30) Minutes to Locations Served by Contractor; 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. 11:30 a.m. Public Hearing, Second and Final Reading--To be heard at 2:30 p.m.

Administration Recommendation: Adopt the Ordinance.

(Parking Department -Requested by Vice-Mayor Nancy Liebman)

(First Reading 6/17/98 - Opened and Continued from 9/23/98)

ACTION: Public hearing and discussion held. Ordinance No. 98-3147 adopted as amended:

1. Page 2 (first sentence) add "or immobilization contractor" after "unless such property owner."

2. Page 3 (1)a. Notice - delete "and at the entrance to any building served by the premises."

3. Page 4 (3) Notification to owner. Strike out the last sentence. "Notification to a person within reasonable access shall be made by a verbal warning."

4. Page 4 (6) Availability and response time. Add to last sentence, "provided payment to remove the device has been made".

5. Page 5(8) Towing/Removal requirements. Change the first sentence to read, "An immobilized vehicle shall not remain immobilized on private property for more than 24 hours." Delete remainder of the sentence.

6. Page 6 (g) Identification. Add to sentence, Contractor’s employees or agents shall not wear uniforms that bear resemblance to Police or Parking officers "in Miami-Dade County, Florida."

7. The City would like to add a restriction to the uniforms worn by the immobilization contractors as follows: No badges may be worn by immobilization contractor or staff.

Motion made by Vice-Mayor Liebman; seconded by Commissioner Gottlieb; ballot vote: 6-1; Mayor Kasdin opposed. Jackie Gonzalez and Al Childress to handle.

Handouts:

1. Speaker’s List

2. Administration’s proposed amendments to the ordinance.

3. Mr. Cardenas handouts: Report titled "Booting Fees on Private Property" and "Florida Parking Enforcement, Inc Projected One Year Income Statement.

R5D Commission Memorandum No. 711-98

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. 5:01 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(First Reading 10/2/98)

ACTION: Public hearing held. Motion made by Commissioner Dermer to open and continue the Public Hearing to November 4th at 5:00 p.m.; seconded by Commissioner Smith; voice vote: 7-0.

Commissioner Gottlieb stated that zoning changes are very confusing and requested that Dean Grandin work with her to see if they could develop a presentation format which would make it easier for the Commission and public to understand. Dean Grandin to handle.

Handouts:

1. Mr. Cardenas proposed amendments to FAR on the Wolfsonian and Seacoast Towers’

2. Four page Speaker’s List for R5D, R5E, and R5F. Althought individual sign-up sheets were given to the public, the Mayor requested that all public hearing be openned at the same time. The public was given an opportunity to speak on all three items.

3. Carter McDowell submitted for the record:

1. 1998 Concept Plan S.S.D.I. - North and South (document not dated)

2. Copy of a computer generated building permit printed on 9/4/98 Permit number B9800087 project number A9800351

3. Letter from Robert Mathias to Carter McDowell dated October 21, 1998 re: Six (6) photos

4. Aerial photo number 1: ?600? Indian Creek Drive - Blumberg (area 30) dated 10/21/98

5. Aerial photo number 2: 520 West Avenue - Olivieri / Langer dated 10/21/98

6. Aerial photo number 3: Parkshore - Bermay (Zom South Beach Ltd.) dated 10/21/98

4. Mark Needle ( two handouts): Building Heights Ordinance and Testimony Commission Meeting Oct 21, 1998

5. Frank Del Vecchio (two handouts) Floor Area Ratios and Building Heights Ordinance

R5E Commission Memorandum No. 712-98

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. 5:01 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(First Reading 10/2/98)

ACTION: Public hearing held. Motion made by Commissioner Dermer to open and continue the Public Hearing to November 4th at 5:00 p.m.; seconded by Commissioner Smith; voice vote: 7-0.

R5F Commission Memorandum No. 713-98

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. 5:01 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(First Reading 10/2/98 - Continued to 10/7/98)

ACTION: Public hearing held. Motion made by Commissioner Dermer to open and continue the Public Hearing to November 4th at 5:00 p.m.; seconded by Commissioner Smith; voice vote: 7-0.

R5G Commission Memorandum No. 714-98

An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 118 Entitled "Administration and Review Procedures", Section 118-255 Entitled "Fees" by Modifying the Fee Applicable to Appeals of Decisions of the Design Review Board; Amending Section 118-537 Entitled "Rehearings and Appeals" to Provide for a Fee Applicable to Appeals of Decisions of the Historic Preservation Board and the Joint Design Review Board/Historic Preservation Board; Amending Appendix A Entitled "Fee Schedule" to Adjust and Establish the Applicable Appeal Fees; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. First Reading

Administration Recommendation: Approve the Ordinance on first reading and schedule a public hearing on November 18, 1998 for second and final reading.

(Planning Department)

ACTION: Commissioner Dermer offered the following amendments: (1) reduction to the proposed fee commensurate with the cost of filing of a Circuit Court case (approximately $250); and (2) to include appeals from the Zoning Board of Adjustment. Discussion followed. No second was offered. Ordinance approved on first reading and established an appeals fee at a flat $750 which will be consistent with the appeals fee structure for similar boards. Motion made by Commissioner Dermer; seconded by Commissioner Gottlieb; ballot vote: 6-0; Vice-Mayor Liebman absent. Second reading and public hearing scheduled for November 18th at 11:00 a.m. R. Parcher to publish notice.

R5H Commission Memorandum No. 715-98

An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 118 Entitled "Administration and Review Procedures" by Amending Section 118-353 Entitled "Variance Applications" to Permit Variances for Floor Area Ratio, Solely for Purposes of Effectuating a Lot Split, for Properties Within an Historic District Upon Which There are Two or More Contributing Buildings, and Such Variance Will Not Result in Additional Development on Any Portion of the Property; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. First Reading

Administration Recommendation: Approve the Ordinance on first reading and schedule a public hearing on November 18, 1998 for second and final reading.

(Planning Department)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Cruz; seconded by Commissioner Smith; ballot vote: 7-0. Second reading and public hearing scheduled for November 18th at 11:30 a.m. R. Parcher to notice.

R6 - Commission Committee Reports

R6A Verbal Report on the Land Use and Development Committee Meeting of October 19, 1998: 1) Sidewalk Cafe - An Update on the Board of Rules and Appeals (Bora) Meeting of October 15, 1998; 2) 5th Street and Alton Road Intersection - Discussion on the Intersection of 5th Street and Alton Road; 3) Proposed Amendment of Section 18-1b of the Zoning Ordinance; 4) Discussion and Review of the Pay Telephones on the Public Right-Of-Way; 5) Discussion of City's Restriction of Outdoor Pay Phones on Private Property; 6) Discussion on Resolution Adopted by the Historic Preservation Board Relative to the Ethics Ordinance.

ACTION: Verbal report given by Vice-Mayor Liebman. 1) the committee will monitor future decisions of the Board (BORA) and any further code changes affecting sidewalk seating; 2) postponed until the next committee meeting; 3) committee agreed that the landscape architect position to the DRB is too limiting and it would be appropriate to expand the category to allow either a landscape architect, an architect in urban planning or an urban designer and the category would be made more flexible by requiring that the position be filled by a Miami Beach resident; the matter was referred to the Planning Board; 4) issue was split: (a) public telephone on the right-of-way and the proliferation and problems with the existing ordinance. Discussion concerned the question of whether or not to bid out for a concession for a franchise agreement for public telephones in order for closer regulation; need a master site survey; staff to report back to the committee within 90 days with suggestions that would improve the existing ordinance or with a recommendation on the bidding out for a franchise. The committee agreed on an abeyance of any permits or renewals for the existing telephones for a 90 day period. Administration and Legal Department prepare an ordinance for the November 4th meeting which will establish a 90-day moratorium on public telephones issued on rights or way or public property. Moved by Vice-Mayor Liebman; seconded by Commissioner Shapiro; voice vote: 7-0; Julio Grave de Peralta to handle. (b) telephones on private property was next discussed. Committee requested that this issue be deferred to December; 6) ethics ordinance should not be changed at this time.

Verbal Report on the Neighborhood Committee Meeting of October 20th, 1998.

Commissioner Gottlieb reported on the Neighborhoods Committee meeting. The issue involved the 63rd Street Flyover and whether or not the existing structure should be demolished in order to construction a new at-grade roadway or whether a new flyover which would be significantly higher with a larger ramp be built to replace the existing flyover. FDOT will report back to the committee with some modified versions of the alternatives in December. Julio Grave de Peralta to handle.

R7 - Resolutions

R7A Commission Memorandum No.

A Resolution Approving an Extension of the City's Notification Period Required to Terminate the Interlocal Agreement between Miami-Dade County, City of Miami Beach, City of Miami, Village of Bal Harbour, and the Greater Miami Convention and Visitors Bureau, to November 30, 1998.

(City Manager's Office)

ACTION: Resolution No. 98-22948 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Dermer; voice vote: 7-0. Mayra Diaz Buttacavoli to handle.

R7B Commission Memorandum No. 716-98

A Resolution Authorizing the Administration to Issue a Request for Proposals (RFP) for a 5.86 Acre Public/Private Development Opportunity, Known as the "17th Street Site", Located Between Washington and Pennsylvania Avenues, 17th Street to Lincoln Lane, Immediately North of Lincoln Road.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Discussion held. Motion was made by Vice-Mayor Liebman to defer the issuance of the RFP for two weeks while the Administration to add a provision to include the New World Symphony or cultural institutions; seconded by Mayor Kasdin. No vote taken. Discussion of the motion continued. An alternate motion was made by Vice-Mayor Liebman to consider the RFP with instruction to the Administration to come back in two weeks with an amendment to the RFP which would include language considering the needs of the New World Symphony; seconded by Commissioner Smith; voice vote: 6-0; Mayor Kasdin abstained. Janet Gavarrete to handle.

Commissioner Gottlieb asked the Administration to evaluate the evaluation process used in the selection of the hotel. Administration to include a person with entertainment industry experience on the selection committee. Administration to add the following to the publications list: LA Times, Variety, and any architectural magazines which the Administration feels are appropriate to the market.

Mayor Kasdin abstained. Form 8B Memorandum of Voting Conflict filed with meeting records.

Handouts:

1. Letter from Alan Sokol to Mayor Neisen Kasdin dated October 20, 1998 RE: Sony/Telemundo and Miami (Beach) Studio City

2. Support letter from Karen Davis, chairperson of the Fashion, Film, Television, and Recording Committee.to Mayor and Commission dated October 21, 1998

R7C A Resolution in Support of the Passage of Revision 9, "The Basic Rights Amendment" to the Florida Constitution and Urging the Voters of Miami Beach and of the State of Florida to Vote in Favor of Passage of Revision 9, "The Basic Rights Amendment" to the Florida Constitution, November 3, 1998.

Recommendation: Adopt the Resolution

(Requested by Mayor Neisen Kasdin)

ACTION: Discussion held. Resolution No. 98-22949 adopted. Motion made by Commissioner Smith; seconded by Commissioner Dermer; voice vote: 7-0. No follow-up action required.

R8 - Old Business

R8A Commission Memorandum No. 717-98

Update on North Bay Road and 20th Street Traffic.

(Public Works)

(Deferred from 10/7/98)

ACTION: Discussion held. Motion made by Commissioner Dermer approving the consensus recommendations made by the neighborhood associations (Lower Alton Road Coalition, Lower North Bay Road Homeowners Association and Sunset Island 3 & 4 Property Owners Association); seconded by Commissioner Cruz; voice vote: 7-0.

Neighborhood Associations agreement stipulates two courses of action:

1. "The existing left turn restriction would remain (20th Street and Sunset Dr.) but would include a clearly visible provision specifying that left turns would be permitted by special permit only or words to that effect. The City would make decals available to anyone owning or leasing a motor vehicle registered to an address on Alton Road between 20th Street and the intersection of Alton Road with North Bay Road and Chase Avenue - one decal for each such vehicle."

2. "The northernmost portion of West Avenue, lying between Sunset Harbour Drive (20th Street), and Dade Boulevard, would be made one-way going south."

It should be noted that the City does not have an agreement signed by the three (3) associations.

Handouts:

1. Statement by Mr. Richard Rosichan.

2. Speaker’s List

3. Outline of the presentation given by Julio Grave de Peralta.

R9 - New Business and Commission Requests

R9A Commission Memorandum No. 718-98

Board and Committee Appointments for the Meeting of October 21, 1998.

(City Clerk's Office)

(Deferred from 10/7/98)

1. Commission Memorandum No. 719-98

Commission Affirmation of the City Manager's Appointment of Marilys Nepomechie to the Historic Preservation Board.

(Planning Department)

ACTION:

1. Marilys Nepomechie confirmed. Motion made by Commissioner Smith affirming the City Manager's appointment; seconded by Commissioner Gottlieb; voice vote: 7-0.

2. The following direct appointments were announced:

Homeless Committee Marjorie York appointed by Commissioner Shapiro

Homeless Committee Sid Gersh [Meets Criteria?]appointed by Commissioner Smith

Homeless Committee Sheila Kelly appointed by Vice-Mayor Liebman

Youth Center Advisory Board Lisa Austin appointed by Mayor Kasdin

Fine Arts Board Laura Bruney appointed by Commissioner Smith

Hispanic Affairs Committee Luis Govantes appointed by Commissioner Gottlieb

Design Review Board William R. Lane (Architect) appointed by the Commission

Beautification Committee Lisa Liotta appointed by the Commission

Design Review Board Jeff Speck (Urban planner) appointed by the Commission

Handout: Ballots for selecting the Design Review Board architect. There were three(3) votes, therefore three sets of ballots.

R9B Discussion regarding Parking Conditions in South Beach.

(Requested by Vice-Mayor Nancy Liebman)

ACTION: Discussion held. Administration to report back in December after the Planning Board has acted on other parking applications. Jackie Gonzalez to handle.

Handouts:

1. Five (5) photos.

2. Video of Planning Board meeting of 9/17/98 4:30 on.

R9C Discussion regarding a Program by the Florida Department of State and the Florida League of Cities to Recognize 2,000 Individuals Important to Florida's History and Culture and Nominating Barbara Baer Capitman for this Honor.

(Requested by Mayor Neisen Kasdin)

ACTION: Vice-Mayor Liebman made a motion to support Mayor Kasdin’s recommendation and approve the nomination of Barbara Baer Capitman and to submit the application to the "Great Floridian 2000" committee; seconded by Commissioner Dermer; voice vote: 7-0.

Commission instructed the Administration to inform Ms. Capitman’s son about the recommendations.

Note: Mayor office or City Clerk???

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)

(Deferred from 10/7/98)

ACTION: Withdrawn.

R9E Discussion regarding Home Inspections by Code Compliance.

(Requested by Commissioner Jose Smith)

(Deferred from 10/7/98)

ACTION: Discussion held. Administration to recommended providing sensitivity training to the inspectors; review the City Code for out-dated ordinances; work with neighborhood associations, and review the language in all violation letters sent to the public. Mayor Kasdin stated that Code Compliance should us a business friendly, common sense approach. Administration to forward recommendations to the Land Use Committee within 30 days. Al Childress to coordinate.

R9F Discussion regarding Code Violations on Calais Drive.

(Requested by Commissioner Jose Smith)

ACTION: Discussion held. The Commission expressed their concern with issuing violations to homeowners when the streets in their immediate neighborhood are under construction. The Administration will review the City Code and make recommendations to the Land Use Committee. The Administration noted that life safety violations can not be ignored.

Administration to forward recommendations to the Land Use Committee within 30 days. Al Childress to handle.

Handout: Six (6) pictures submitted by Mike Thompson.

R9G Discussion regarding the Housing Authority Request for Electrowave Service for Rebecca Towers.

(Requested by Commissioner Martin Shapiro)

ACTION: Discussion held. Motion to approve Electrowave service to Rebecca Towers on an experimental basis for a one month period made by Commissioner Smith; seconded by Commissioner Shapiro; voice vote: 7-0. Service to include the South Pointe area if feasible. Christina Cuervo to handle.

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 21, 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: Executive session announced and held.

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 October 21, 1998 in the City Manager's large conference room, Fourth Floor, City Hall, to discuss the following:

Victor J. Labruzzo v City of Miami Beach, Eleventh Judicial Circuit, Appellate Division, Case No. 98-115AP

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, Assistant City Manager Janet Gavarrete; Director of Planning and Zoning Dean Grandin; Deputy City Attorney Jean Olin, and First Assistant City Attorney Diana Frieser.

ACTION: Executive session announced and held.

R10C Emergency Notice of Closed Executive Session (Add on)

Pursuant to Section 286.011, Florida Statutes, a Closed Executive Session will be held during lunch recess of the City Commission meeting on October 21, 1998 in the City Manager's large conference room, Fourth Floor, City Hall, to discuss the following:

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. 98-010798 CA 30.

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, Director of Planning and Zoning Dean Grandin; Deputy City Attorney Jean Olin, and First Assistant City Attorney Diana Frieser and Special Counsel Arnaldo Velez.

ACTION: Executive session announced and held.

End of Regular Agenda

Reports and Informational Items

A Commission Memorandum No. 720-98

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

(Public Works)

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

B Commission Memorandum No. 721-98

Status Report on the Progress of North Beach Construction.

(Public Works)

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

C Commission Memorandum No. 722-98

Public Hearings Before the October 20, 1998 Planning Board Meeting are as Follows: 1) FRU Management Requests Conditional Use Approval in Order to Operate a Commercial Parking Lot at 4300-4332 Collins Avenue; 2) Les Deux Fontaines Restaurant, Requests Conditional Use Approval in Order to Operate an Outdoor Entertainment Establishment at 1230-1238 Ocean Drive; 3) BellSouth, Inc., Requests Modification of a Conditional Use Approval in Order to Use a Commercial Parking Lot for Storage of Materials, at 1030 15th Street; 4) Shari Daniels Requests Conditional Use Approval in Order to Operate a School of Midwifery, at 7115 Rue Notre Dame; 5) West Beach Restaurant Requests Conditional Use Approval in Order to Operate a Commercial Parking Lot, at 1428 West Avenue; 6) Mango's Tropical Cafe Requests Conditional Use Approval in Order to Operate a Neighborhood Impact Establishment at 900 Ocean Drive; 7) An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 118 Entitled "Administration and Review Procedures," by Creating Section 118-31 Entitled "Disclosure Requirement" By Requiring Disclosure of Consideration Provided or Committed to Reduce Opposition to a Requested Approval, Relief or Other Action from the Planning Board, Design Review Board, Historic Preservation Board (Including Joint Board), or Board of Adjustment; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date.

(Planning Department)

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

D Commission Memorandum No. 723-98

Status Report on the Security Service Contract (Armor Security Inc.)

(Property Management)

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

Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

October 21, 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. 98-42

Report of the Itemized Revenues and Expenditures of the Miami Beach Redevelopment Agency for the Month and the Twelve Months Ended September 30, 1998.

(Distributed Under Separate Cover)

ACTION: Report submitted. Next report will be in December.

B. Commission Memorandum No. 98-43

A Resolution Approving the Proposed Parking Rate Structure and Operating Budget for Fiscal Year 1998/99, as Submitted by Quik Park of Florida, Inc., for the Operation of the Parking Component of the Anchor Shops and Parking at South Beach, in Accordance with the Terms and Conditions of the Garage Facility Management Agreement Dated July 15, 1998, between the Agency and Quik Park of Florida, Inc.

ACTION: Discussion held. Resolution No. 307-98 adopted. Motion was made by Commissioner Cruz to approve the item with the understanding that the Finance and Citywide Projects Committee will review on Thursday, October 22 and can amend as necessary. Item referred; seconded by Commissioner Gottlieb; voice vote: 6-1; Commissioner Dermer opposed. Patricia Walker to place on the committee’s agenda. Item to be placed back on the November 4 Commission agenda. Judy Hoanshelt to handle.

End of Agenda

 

The Commission meeting was adjourned at 9:52 p.m.