City of Miami Beach - City Commission Meeting

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

November 4, 1998

 

Mayor Neisen O. Kasdin

Vice-Mayor Simon Cruz

Commissioner David Dermer

Commissioner Susan F. Gottlieb

Commissioner Nancy Liebman

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 - 9:00 a.m.

Inspirational Message and Pledge of Allegiance

Requests for Additions, Withdrawals, and Deferrals

 

PA1 ADD ON ITEM: Tribute to Morris Lapidus. Motion made by Commissioner Liebman to approve the request to place a plaque in honor of Morris Lapidus on Lincoln Road and to forward to the Art in Public Places Committee; seconded by Commissioner Gottlieb; voice vote: 7-0. Kaslyn Mohamed, liaison to the board, to place on the Art in Public Places agenda.

Handout: Video tape of Morris Lapidusís works.

CONSENT AGENDA

Consent agenda approved. Motion made by Commissioner Liebman, seconded by Commissioner

Gottlieb; Vote: 7-0.

C2 - Competitive Bid Reports

C2A Commission Memorandum No. 725-98

Request for Approval to Award a Contract to U.S. Office Products in the Estimated Annual Amount of $186,000, Pursuant to Bid No. 92-97/99 for Providing Office Supplies for a One-Year Period with an Option for a Second Year. Funding: Various department budgets, subject to OMB approval.

Administration Recommendation: Approve the award.

ACTION: Award authorized. Judy Ford to process contract and to handle.

C2B Commission Memorandum No. 726-98

Request for Approval to Award a Purchase Order to Southern Computer Supplies, Inc., in the Amount of $12,513.16, Pursuant to State of Florida Contract No. 250-040-99-1 for the Purchase of a Procom Technology CD-Server. Funding: City Attorney General Fund and Information Technology General and Internal Service Fund.

Administration Recommendation: Approve the award.

(City Attorney's Office and

Information and Technology Department)

ACTION: Award Authorized. Judy Ford to issue Purchase Order. R. Parcher to handle.

C2C Item redesignated as C7G

C2D Commission Memorandum No. 727-98

Request for Approval to Award a Contract to Atlantic Elevator Sales & Service, Inc., in the Estimated Annual Amount of $36,648, Pursuant to Bid No. 93-97/01 for Citywide Maintenance of Elevators. Funding: Property Management and Parking Department Budget Accounts.

Administration Recommendation: Approve the award.

(Parking Department and

Property Management Division)

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

C2E Commission Memorandum No. 728-98

Request for Approval to Award a Contract to Ferguson Underground, Inc. in the Estimated Annual Amount of $40,000, Pursuant to Bid No. 110-97/99 for a One Year Contract for Providing Ford Meter Service Fittings, with a Second Year Option to Renew. Funding: Public Works Warehouse Account.

Administration Recommendation: Approve the award.

(Public Works)

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

C7 - Resolutions

C7A City Attorney Commission Memorandum No. 740-98

A Resolution Authorizing the Mayor and City Clerk to Execute an Order Affirming the Design Review Board's Order Dated December 2, 1997 Which Approved the Application for Design Review Approval of Applicant Victor J. Labruzzo in File No. 9188 in Accordance with the Opinion in Victor J. Labruzzo v. City of Miami Beach, Eleventh Judicial Circuit Court in and for Miami-Dade County, Florida, Appellate Division, Case No. 98-115 AP.

City Attorney Recommendation: Adopt the Resolution.

(City Attorney's Office)

ACTION: Resolution No. 98-22950 adopted. R. Parcher to get the Order executed.

C7B Commission Memorandum No. 741-98

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute a Supplemental Joint Participation Agreement (JPA) No. 2 Between the State of Florida Department of Transportation (FDOT) and the City of Miami Beach, for the Electrowave Project; Such Supplemental JPA Being Required by FDOT in Order to Make Official a $300,000 Increase in the State Share of the Overall Project Funding; Such Additional State Contribution Being Already Included in the Fiscal Year 1998/99 Electrowave Operating Budget, Which Funds Were Approved and Appropriated by Resolution No. 98-22885, of September 9, 1998.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No, 98-22951 adopted. Christina Cuervo to handle.

C7C Commission Memorandum No. 742-98

A Resolution Ratifying the Three-Year Labor Agreement Between the City of Miami Beach and the Communications Workers of America (CWA), Local 3178, for the Period from October 1, 1997 Through September 30, 2000, and Authorizing the Mayor and City Clerk to Execute the Agreement.

Administration Recommendation: Adopt the Resolution.

(Labor Relations)

ACTION: Resolution No. 98-22952 adopted. Richard Bender to handle. Patricia Walker to handle the retroactive pay.

C7D Commission Memorandum No. 759-98

A Resolution Setting a Date and Time Certain for a Public Hearing to Consider a Request by the R.D.P. Royal Palm Hotel L. P. for a Certificate of Appropriateness for Demolition to Demolish the Remaining Portions of the Royal Palm Hotel, an Historic Structure Located at 1545 Collins Avenue, in Order to Construct a First Class Luxury Convention Center/Resort Hotel with 412 Guest Rooms and Suites.

Administration Recommendation: Adopt the Resolution setting a public hearing on November 18, 1998 at 5:00 p.m.

(Planning Department)

ACTION: Resolution No. 98-22953 adopted. Tom Mooney to publish notice.

C7E Commission Memorandum No. 743-98

A Resolution Retroactively Authorizing the Application for a Grant from the State of Florida, Department of Transportation, in the Amount of $126,852, for Continuation of the Miami Beach Police Department's Driving Under the Influence (DUI) Enforcement Project; Appropriating Said Funds, as Awarded.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 98-22954 adopted. Chief Barreto to handle.

C7F Commission Memorandum No. 744-98

A Resolution Authorizing, by 5/7ths Vote, a Waiver of Formal Competitive Bidding for the Purchase of the Upgrade to the Existing 1987 Itron Model #FS/2 Hand-Held Water Meter Reading System, and Authorizing the Award of a Purchase Order, in the Amount of $24,560, to Itron, Inc., as the Sole Source Provider for this Upgrade. Funding: Public Works/Water Division Budget Account.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 98-22955 adopted. Judy Ford to issue Purchase Order. Julio Grave de Peralta to handle.

C7G Commission Memorandum No. 760-98 (Redesignated from item C2C)

Request for Approval to Award a Contract Regarding Request for Proposals (RFP) No. 1-98/99 for a Feasibility Consultant in Connection with the Improvement and Development of the City's Municipal Golf Courses.

(Finance Department)

(To be Submitted)

ACTION: Award authorized. Judy for to process contract. Patricia Walker and Kevin Smith to handle.

End of Consent Agenda

REGULAR AGENDA

R2 - Competitive Bid Reports

R2A Commission Memorandum No. 745-98

Request for Approval to Award a Contract to Weiss & Woolrich Southern Enterprises, Inc. in the Amount of $7,245,000, for Base Bid, Pursuant to Bid No. 44-97/98 for Roof Repair/Replacement at the Miami Beach Convention Center and the Jackie Gleason Theater of the Performing Arts. Funding: Convention Center Budget Account.

Administration Recommendation: Approve the award.

(Public Works)

(Deferred from 7/15/98)

ACTION: Discussion held. Contract awarded to Weiss & Woolrich. Motion made by Commissioner Gottlieb; seconded by Commissioner Liebman; voice vote: 7-0. A project manager from Public Works will be assigned to monitor the project.. Maintenance of the new roof will be done by SMG in accordance with the manufacturerís recommendations. Manufacturer to inspect every 6-months. Commissioner Dermer requested that the City Manager also include dissenting opinions in future reports from blue ribbon committees. Judy Ford to process contract. Julio Grave de Peralta to handle.

R2B Commission Memorandum No. 729-98

Request for Approval to Award a Contract to Zurqui Construction Services, Inc., in the Amount of $566,891, Pursuant to Bid No. 108-97/98 for Miami Beach Park Improvements, Group "A" Stillwater Park, Crespi Park, La Gorce Park and Palm Island Park. Funding: Parks Bond Budget Accounts.

Administration Recommendation: Approve the award.

(Recreation, Culture and Parks)

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

Park improvements to begin with Group A: Stillwater Park, Crespi Park, LaGorce Park and Palm Island Park. City Manager stated that he will send a memorandum to the Commissioners advising them when the next group of improvements will be scheduled for their approval.

City Clerk Reference: LTC from Sergio Rodriguez dated November 2, 1998, RE: Status report on Park improvement Program. Status on Group A, Group B, Group C, and Pinetree Park.

R5 - Ordinances

R5A City Attorney Commission Memorandum No. 730-98

An Ordinance Amending Article IV Entitled "Criminal Nuisances" of Miami Beach City Code Chapter 70, Entitled "Miscellaneous Offenses" Correcting Scrivener's Error; Amending Penalties on Places or Premises Declared Public Nuisances; Providing for the Recording of Orders Issued by the Nuisance Abatement Board; Providing for Repealer, Severability, Codification, and an Effective Date. First Reading

City Attorney Recommendation: Approve on first reading and schedule a public hearing on second and final reading.

(City Attorney's Office)

ACTION: Ordinance approved on first reading as amended: SECTION 3. (f) All orders of the board shall be recorded "among the public records of Miami-Dade County.". so that notice must be given to all subsequent purchasers, successors in interest, or assigns of the real property on which the public nuisance exists. Motion made by Commissioner Liebman; seconded by Commissioner Smith; ballot vote: 5-0; (absent: Vice-Mayor Cruz and Commissioner Gottlieb). Second reading and public hearing scheduled for November 18th at 1:30 pm. R. Parcher to publish notice. Legal Department to prepare the amendment to the ordinance.

Vice-Mayor Cruz requested his vote be recorded as "in-favor". Final vote: 6-0; (absent: Commissioner Gottlieb).

R5B Commission Memorandum No. 731-98

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 or Obligation Due to the City under State or Local Law; 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 - Continued from 10/21/98)

ACTION: Public hearing held. Motion to approve the ordinance made by Commissioner Smith; seconded by Vice-Mayor Cruz; ballot vote: 6-0; Commissioner Liebman absent.

Subsequently, Mayor Kasdin expressed concern with Section 4(c) stating that with respect to past-due licenses which must be paid that this section does not contemplate if someone is appealing a fine/assessment whether through City procedures or through court and that the ability to appeal could be impacted because the fine would have to be paid in order to be issued a license. Mayor Kasdin made a motion to reopen the public hearing for reconsideration of the ordinance and an amendment; seconded by Commissioner Gottlieb; voice vote: 7-0. Discussion held. Public hearing closed.

Ordinance No. 98-3148 adopted as amended: Section 4(c) - This tentative language is to be added to the end of the sentence in this section: " Any debt or obligation shall not be deemed due if any appeal has been timely filed and has not been disposed of.". Motion made by Commissioner Smith; seconded by Commissioner Dermer; ballot vote: 7-0. Legal Department to amend the ordinance language. Patricia Walker to handle.

R5C Commission Memorandum No. 732-98

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 Classifications of Air Conditioning Helper, Communications Technician I, Community Services Specialist, Electrical Helper, Museum Assistant, Photographer, Plumber Helper and Secretary; Eliminating the Two Tier Compensation Plan for Those Classifications Represented by the Communications Workers of America (CWA) in Accordance with the Negotiated Agreement; Repealing All Ordinances in Conflict; Providing for Severability; and Providing for an Effective Date. First Reading

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

(Labor Relations)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Liebman; seconded by Commissioner Smith; ballot vote: 5-0; absent: Vice-Mayor Cruz and Commissioner Gottlieb. Second reading and public hearing scheduled for November 18th at 2:00 p.m. R. Parcher to publish notice.

Vice-Mayor Cruz requested his vote be recorded as "in-favor". Final vote: 6-0; (absent: Commissioner Gottlieb).

R5D Commission Memorandum No. 733-98

An Ordinance Amending Chapter 78 of the Miami Beach City Code Entitled "Personnel", by Amending Article IV Entitled "Police Officers' and Firefighters' Supplemental Pension", by Amending Division 4 Entitled "Benefits" by Amending Section 78-276 Entitled "Service and Disability Benefits for Members Who Were Employed by the City Prior to May 19, 1993", by Providing for a Rule of 70 Retirement Where the Sum of the Member's Age and Creditable Service Equals to at Least Seventy (70), and by Amending Division 1 Entitled "Generally", by Amending Section 78-195 Entitled "Limitations and Benefits" to Provide for the Rule of 70 Retirement Consistent with All Applicable Federal Codes, Regulations and Acts; Providing for Severability; Repealing All Ordinances in Conflict Therewith; and Providing for an Effective Date. First Reading

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

(Labor Relations)

ACTION: Ordinance approved on first reading. Motion made by Vice-Mayor Cruz; seconded by Commissioner Liebman; ballot vote: 6-0; absent: Commissioner Gottlieb. Second reading and public hearing scheduled for November 18th at 2:30 p.m. R. Parcher to publish notice.

R5E Commission Memorandum No. 734-98

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"; and, Providing for Inclusion in The Code of the City of Miami Beach, Florida; Repealer, Severability and an Effective Date. 5:00 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(First Reading 10/2/98 - Continued from 10/21/98)

ACTION: Ordinance No. 98-3149 adopted with three (3) amendments. Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb; ballot vote: 7-0.

Amendment #1: RM-1: Used the existing maximum FAR - 1.25 - 1.4(based on lot size) for private and public institutions. Motion made by Vice-Mayor Cruz; seconded by Commissioner Liebman; Vote: 7-0.

Amendment #2: RM-3/CD-3: up to 3.15 FAR for existing ocean front lots over 100,000 s.f. containing an existing building (both the lot size and buildings existing as of 11/14/98); .15 FAR to be used exclusively on amenities for hotel development but in no event more than 20,000 s.f. Motion made by Vice-Mayor Cruz; seconded by Commissioner Gottlieb; ballot vote: 7-0.

Amendment #3: Delete from the ordinance the following:

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; Motion made Commissioner Gottlieb; seconded by Commissioner Liebman; voice vote: 7-0.

Handouts: The following list is for items R5E, R5F, and R5G.

1. #1 -Document titled Amendments to Maximum Height.

2. #2 - Document titled Center City Area.

3. #3 - Document titled Amendments to maximum heights

4. #4 - Letter from Norman Ciment to Mayor and City Commissioners dated November 3, 1998 RE: 1733 & 1735 Michigan Avenue.

5. #5 - :Letter from Kent Harrison Robbins to Robert Parcher dated November 1, 1998 RE: Comments for the Record.

6. #6 - Document labeled "Discussion Issues". This document was distributed by the Administration.

7. #7 - Document labeled "Amendment to section 142-1161. Height Regulation exceptions. Handout by Gary Knight.

8. #8 - Letters signed by 11 citizens, dated November 1, 1998 and hand delivered at the Commission meeting. RE: Relief requested under 70.001 Florida Statutes.

9. #9 - Letter from Santiago D. Echemendia, Tew Cardenas Rebak Kellogg Lehman DeMaria & Tague to the Mayor and City Commission dated November 4, 1998 RE: Wolfsonian- FIUís (The Womenís Club) Proposed Commission Vote on amendments to the maximum FARís in RM-1 District.

10. #10 - Document titled "Height ordinance text change -- Ritz Plaza issue. Source Ed. Guedes

11. Speakerís list.

R5F Commission Memorandum No. 735-98

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. 5:00 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(First Reading 10/2/98 - Continued from 10/21/98)

ACTION: Ordinance No. 98-3150 adopted as Corrected 10/22/98 and as amended. Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb; ballot vote: 7-0.

Proposed Amendment #1: RM-3/CD-3 (Arch. District Oceanfront) Motion by Commissioner Liebman to eliminate the 50ft height restriction; seconded by Commissioner Cruz. A whole lot of discussion took place. No vote taken. Motion by Commissioner Liebman to allow no additions; seconded by Commissioner Dermer. Discussion followed. No vote taken. Final action no changes made to the RM-3/CD-3. Administration to take another look at this area and develop a new ordinance. Janet Gavarrete to handle.

Amendment #1: Motion made by Commissioner Cruz to amend the CD-3 District 80ft for lots fronting 17th Street from Alton Road to Collins Ave. and amending Center City area as follows: 100 feet height in an area bordered on its west by Drexel Ave.; on its south by 16th St.; on its east by Collins Ave.; and on its north by the south edge of the lots fronting on Lincoln Road from Collins Ave. To Washington Ave. and by Lincoln Road from Washington Ave. To Drexel Ave.., except height will be no greater that 50 ft for the first 50 feet of lot depth on lots facing Lincoln Road and 16 th St. between Drexel Ave. and Washington Ave. and height shall not exceed 50ft for the first 25 feet of lot depth on lots facing Drexel Ave. as measured from a new-construction setback which is a continuation of the existing west facade of the low-rise portion of the 420 Lincoln Road Building; seconded by Commissioner Smith; ballot vote; 4 in-favor ( Mayor Kasdin, Vice-Mayor Cruz, Commissioners Smith and Gottlieb) 3 opposed(Commissioners Shapiro, Dermer, and Liebman); amendment approved.

Amendment #2: Motion made by Commissioner Smith to amend the C-PS2 district by 50 ft height limitation on 5th Street east of Lenox (both sides of the street) and 75ft west of Lenox; seconded by Vice-Mayor Cruz, ballot vote; 6-1; opposed (Commissioner Liebman).

Handout:

1. Speakerís list.

2. See item R5E for the list of handouts.

R5G Commission Memorandum No. 736-98

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. 5:00 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(First Reading 10/2/98 - Continued from 10/21/98)

ACTION: Ordinance No. 98-3151 adopted. Motion made by Commissioner Liebman; seconded by Vice-Mayor Cruz; ballot vote: 7-0.

Handout:

1. Speakerís list.

2. See item R5E for the list of handouts.

R5H Commission Memorandum No. 737-98

An Ordinance Amending Chapter 82 Entitled "Public Property" Amending Article IV, Division 4 Entitled "Pay Telephones" Amending Subdivision II Entitled "Permit" by Creating Subsection 82-316 to be Entitled "Establishment of Temporary Moratorium on Issuance of All Permits" Providing for a Temporary Ninety (90) Day Moratorium on the Issuance of All Pay Telephone Permits; Providing for Codification; Providing for Repealer; Providing for Severability; and Providing for an Effective Date. First Reading

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

(Requested by Commissioner Nancy Liebman)

ACTION: Ordinance was approved on first reading. Motion made by Commissioner Liebman; seconded by Commissioner Dermer; ballot vote: 7-0. Second reading and public hearing scheduled for December 2nd at 11:00 a.m. R. Parcher to publish notice.

R5I Memorandum from Commissioner Martin Shapiro

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

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

(Requested by Commissioner Martin Shapiro)

ACTION: Heard in conjunction with RDA item 2B.

Discussion held. Mayor Kasdin proposed two amendments: 1) that qualified not-for-profit cultural and educational institutions be exempted from the prohibition; and 2) prohibit the use of public land in private projects; seconded by Commissioner Liebman. Discussion held.

Commissioner Shapiro expressed opposition to the amendments and made a motion to approve the ordinance; seconded by Commissioner Dermer.

Amendment #1: Mayor Kasdin made a motion to amend the ordinance by prohibiting the RDA from using either public money or public land in a redevelopment districts for private projects; seconded by Commissioner Liebman; voice vote: 2 in favor: (Mayor Kasdin and Commissioner Liebman); opposed: (Vice-Mayor Cruz and Commissioners Dermer, Gottlieb, Shapiro and Smith). Motion to approve amendment #1 failed.

Amendment #2: Mayor Kasdin made a motion that qualified not-for-profit art, cultural, and educational institutions be exempt; seconded by Commissioner Smith; Ballot vote: 4 in favor:(Mayor Kasdin, Vice-Mayor Cruz and Commissioners Liebman and Smith); 3 opposed:(Commissioners Dermer, Gottlieb and Shapiro). Amendment #2 approved.

Ordinance approved on first reading, as amended. Motion made by Commissioner Shapiro; seconded by Commissioner Gottlieb; ballot vote: 7-0. Second reading and public hearing scheduled for December 2nd at 2:00 p.m. R. Parcher to publish notice.

R6 - Commission Committee Reports

R6A Commission Memorandum No. 738-98

Report on the Finance and Citywide Projects Committee Meeting of October 22, 1998: 1) Use of Tax Increment Bonds for Private Development; 2) Discuss Two Proposed Financings by the City of Miami Beach Health Facilities Authority Hospital Revenue Bonds, Series 1998 (Mount Sinai Medical Center of Florida Project) and City of Miami Beach Health Facilities Authority Hospital Revenue Bonds, Series 1998 (South Shore Hospital); 3) Report on the Bass Museum Expansion and Renovation Project; 4) Update on Progress Toward Financing from the Private Sector for Sprinkler Loan Program; 5) Parking Rates for the 16th Street Garage; and, 6)  Discuss Setting a Limitation on the Amount a Fine, Imposed by the Special Master, Can Accrue.

ACTION: Report presented by Vice-Mayor Cruz. ITEM 5) Motion made by Vice-Mayor Cruz to approve the proposed public rates of: 1 hr - $2

2 hrs - $4

3 hrs - $6

4-6 hrs - $10

Over 6 hours and overnight - $16 And

Loews has agreed to pay the RDA 50% of their valet rate charged to their guest for valet parking in the garage: Before 6pm valet rate - $10 RDA share $5;

After 6pm - 3am valet rate - $12 RDA share $6

Overnight valet rate - $16 RDA share $9; seconded by Commissioner Gottlieb; voice vote: 7-0. Patricia Walker and Jackie Gonzalez to handle.

Handout:

1. Memo from Christina Cuervo to Sergio Rodriguez dated November 4, 1998 RE: 16th Street Garage. Attached to the memorandum is a letter from Alan J. Rose, Vice President New Business Development for Loews Hotel, to Patricia Walker dated November 3, 1998, RE: :Loews Miami Beach Hotel-Anchor Garage

R6B Verbal Report on the Community Affairs Committee Meeting of October 29, 1998: 1) The Proposed Utilization of the City's Government Channel; 2) Establishment of Criteria Regarding Commemorative Memorials and/or Monuments in Honor of People of Distinction; 3) Status Report on 1) Bust of Jorge Mas Canosa; 2) HIV/Aids Memorial; 3) War Memorial; and 4) Phoenix Art Deco Project; 4) Rename Ocean Front Park after Marjory Stoneman Douglas; 5) Placement of a Monument on Lincoln Road in Honor of the Lifetime Achievement of Morris Lapidus; and 6) Criteria for Issuance of a Request for Proposals (RFP) Detailing the Function(s) to Be Provided Within the Lincoln Road Structure.

ACTION: Report presented by Commissioner Smith. Motion to accept the report made by Vice-Mayor Cruz; seconded by Commissioner Dermer; voice vote: 7-0.

R7 - Resolutions

R7A Commission Memorandum No. 746-98

A Resolution Authorizing the Mayor and City Clerk to Execute a Short-Term Lease Agreement with Yachting Promotions, Inc. For the Use of the Out Lots and Approximately 600 Feet Along the Seawall on Indian Creek Out Lot #7 Amended Plat of Indian Beach Corporation's Sub (8-61) Which Is Directly Across from Municipal Parking Area #19-X at 46th Street and Collins Avenue for the Purpose of Docking and Mooring Used Yachts and Other Used Vessels for the Brokerage Yacht Show, for the Period of January 26, 1999, Through February 26, 1999.

Administration Recommendation: Adopt the Resolution.

(Asset Management)

(Hear in Conjunction with R7G)

ACTION: Discussion held. Resolution No. 98-22956 adopted. Motion moved by Vice-Mayor Cruz; seconded by Commissioner Dermer; voice vote: 6-1; Commissioner Liebman opposed. Joe Damien to handle.

Administration to check with the Coast Guard to see if itís possible to limit (reduce) the period of time the bridge is opened. Mayra Diaz Buttacavoli to handle.

City Clerkís note: Page two of the Lease Agreement, Article III, Regulatory fees - change the date from January 1998 to January 1999.

R7B Commission Memorandum No. 747-98

A Resolution Approving the Issuance and Execution by the City Manager of a Rate Order Which Declares the Proposed Increase in Cable Television Rate Which Has Been Proposed by Rifkin Narragansett South Florida CATV Limited Partnership Reasonable and Approves Said Increase; and Providing an Effective Date.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

(Hear in Conjunction with R7C)

ACTION: Discussion held. Resolution not adopted. Because no action was taken, the rate increase goes into effect automatically.

Legal Department to determine if the title of resolution still need to be published.

R7C Commission Memorandum No. 748-98

A Resolution Creating an Ad-Hoc Committee to be Known as the "Miami Beach Cable Advisory Board" to Advise the Mayor and City Commission with regard to the Renewal of the Rifkin Narragansett South Florida CATV Limited Partnership (D/B/A "Cablevision") Non-Exclusive Cable Television Franchise within the City Limits of the City of Miami Beach; Appointing the Members of Said Board; Establishing the Duties and Responsibilities of Said Board and the Period of Time that Said Board Shall Remain in Existence; and Providing an Effective Date.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

(Hear in Conjunction with R7B)

ACTION: Discussion held. Resolution No. 98-22957 adopted, as amended: Section 3.(b) and (d) delete the word "Formal" to read "Proposal". Motion made by Commissioner Liebman; seconded by Commissioner Smith; voice vote: 6-0; Commissioner Gottlieb absent. Commissioners to submit names of proposed members to the City Manager who will submit a recommended list of names. The name of Henry Kay was submitted by Commissioner Shapiro. Ronnie Singer to handle.

Handout:

1. Letter from Michael Thompson dated November 2, 1998 to the City Commission.

R7D Commission Memorandum No. 749-98

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)

(Continued from 10/21/98)

ACTION: Discussion held. Ensure that emphasis is placed on the three criteria as outlined in the evaluation criteria (page 508) and further delineate some of the weight points and the objectives. Administration to report back with the names of the evaluation committee by the second meeting in December. Resolution No. 98-22958 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Smith; voice vote: 6-0; Mayor Kasdin abstained. Janet Gavarrete to handle.

City Clerkís note: Correct last WHEREAS clause to read "...consultant assistance with the RFP be authorized...".

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

R7E Commission Memorandum No. 751-98

A Resolution Approving the Issuance of Not to Exceed $20,000,000 Principal Amount of City of Miami Beach Health Facilities Authority Hospital Revenue Bonds (South Shore Hospital and Medical Center Project), Series 1998A, and Not to Exceed $2,500,000 Principal Amount of City of Miami Beach Health Facilities Authority Hospital Revenue Bonds (South Shore Hospital and Medical Center Project), Taxable Series 1998B, by the City of Miami Beach Health Facilities Authority, Including the Approval Required by Section 147(f) of the Internal Revenue Code of 1986, as Amended; Providing that Said Bonds Shall not Constitute a Debt, Liability or Obligation of the City or the State of Florida or Any Political Subdivision Thereof But Shall be Payable Solely from the Revenues Provided Therefor; and Providing an Effective Date.

Administration Recommendation: Adopt the Resolution

(Finance Department)

ACTION: Resolution No. 98-22959 adopted. Motion made by Vice-Mayor Cruz; seconded by Commissioner Shapiro; voice vote: 7-0. Patricia Walker to handle.

R7F Commission Memorandum No. 752-98

A Resolution Approving the Second Amendment to Fiscal Year 1997/98 Budgets within the General Fund.

Administration Recommendation: Adopt the Resolution

(Office of Management and Budget)

ACTION: Resolution No. 98-22960 adopted. Motion made by Commissioner Liebman; seconded by Vice-Mayor Cruz; voice vote: 7-0. Jose Cruz to handle.

R7G Commission Memorandum No. 753-98

A Resolution Approving a Parking Lease Agreement with the National Marine Manufacturers Association (NMMA) Boat Show for the Preferred Parking Lot and Related Outside Space; Providing for Additional Trailer Storage Space; and Services to be Provided by the City's Parking Department; Said Lease for Specified Dates in February of 1999, 2000, and 2001; Running Concurrently with the NMMA Boat Show Lease with SMG for the Miami Beach Convention Center.

Administration Recommendation: Adopt the Resolution.

(Parking Department)

(Hear in Conjunction with R7A)

ACTION: Resolution No. 98-22961 approving the lease agreement as amended: (page 587) 11) Default and Termination: to include language, as recommended by the City Manager, if for any reason the City needs to use any of the parking lots, the City has a right to do so.. Motion made by Commissioner Gottlieb; seconded by Vice-Mayor Cruz; voice vote: 7-0. Jackie Gonzalez to handle.

R7H Commission Memorandum No. 754-98

A Resolution Authorizing the Acceptance of Various Gifts of Art Valued in Total at $918,541 as Donated to the Bass Museum of Art, Miami Beach, Florida.

Administration Recommendation: Adopt the Resolution.

(Requested by Commissioner Susan Gottlieb)

ACTION: Resolution No. 98-22962 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Dermer; voice vote: 7-0.

R9 - New Business and Commission Requests

R9A Commission Memorandum No. 739-98

Board and Committee Appointments for the Meeting of November 4, 1998.

(City Clerk's Office)

ACTION: Not reached.

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

ACTION: 1) Henry Kay complimented the Police Department for their quick response in recovering lost cash and jewelry which were inadvertently left in a taxi by a tourist. 2) Toquil Smith questioned the status of the homeless program; he was advised to meet with Ronnie Singer. 3) Count Lee Chodkiewicz. voiced opposition to the MDPL using the 1936 Olympics as their slogan for the Art Deco Weekend. 4) Gil Zriny, speaking in reference to the huge building under construction at the Marina and a 1994 Commission action regarding infrastructure expansion cost, advised the Commission of a Florida law requiring developers to pay for infrastructure expansion. Mr. Zriny asked for assistance in locating the expansion cost figure, funding source and expenditures for Portofino Tower. 5) Bea Kalstein questioned why the Mayor invited her to speak and stated further that people in a democracy should come forward and speak out against the evils in society.

Handout:

1. Speakerís List.

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

ACTION: Not reached.

R9C Discussion regarding "First Night Miami Beach" Event.

(Requested by Commissioner Nancy Liebman)

ACTION: Discussion held. Motion was made by Commissioner Liebman to reduce the fee amount by $5,000; seconded by Commissioner Dermer; voice vote: 6-0; Commissioner Gottlieb absent. Mayra Diaz Buttacavoli to handle.

R9D Discussion regarding the North Beach Study.

(Requested by Commissioner Nancy Liebman)

ACTION: Commissioner Liebman stated that she had attended a meeting at the North Beach Development Corporation where there was a lot of discussion concerning ways to spearhead economic development in the area. A study was done recently at the request of Commissioner Smith of the Normandy Isle area and Commissioner Liebman requested that a study of the 71st Street lot be included in this study including the issue of Altos Del Mar. Commissioner Liebman requested that a study of the area be done. The City Manager proposed a process by which a comprehensive study of the area can be done. This process to include: 1) a team of members from Administration to address and develop a strategy for the whole area; 2) dividing the area into 2 or 3 different sectors; 3) include the Normandy Isle Master Plan in the study; 4) the revitalization of 72nd Street (the parking area) and the utilization of the parking lot area on 71st / 72nd Street; 5) include the zoning changes currently being discussed that might impact the area; 6) the Elizabeth Plater-Zyberg proposal for the Altos Del Mar single family district; 7) street and roadway improvement efforts both by the City and FDOT; 8) the North Shore Open Space Park; 9) amount of money being reallocated to the area from Safe Neighborhoods Parks Bond; 10) review the housing stock. Commissioner Gottlieb requested that key people in the area be included in the assessment team (North Beach Development; homeowner associations; business people).

The City Manager recommended, and the Commission approved, the referral of this issue to the Land Use Committee. Commissioner Smith requested that the more immediate needs of the area be addressed first: crime, drugs, homeless, litter, etc.

R9E Status Report of Traffic Calming Measures for Pine Tree Drive and La Gorce Drive.

(Requested by Commissioner David Dermer)

ACTION: Report presented by Commissioner Dermer. A plan was presented at a meeting of the Pine Tree/La Gorce Drive Homeowners Association to alleviate speeding. Commissioner Dermer requested the City Manager to outline the steps currently underway by the City to address the issue. Kimley Horn is currently preparing engineering plans and construction specification documents for the area impacted by speeding. Traffic calming measures were proposed which consisted of semi-diverters. There was a discussion to reduce the roadway width and landscaping from 52nd Street to 61st Street at the end of PineTree and LaGorce Drive intersections and minimizing as much as possible left turns from the right lane. Stripping and reflective plastic tubes to ensure reduction in speeding by visual elements in the plan. The County is funding and implementing the improvements. The plans are to be completed and delivered to County public works by the first week in November. The review of the plans and bidding to be completed by the end of December with award of the contract by the end of February. By March, temporary stripes and plastic reflective tubes installed in the area. At the end of the trial period, the system will be re-evaluated and if found satisfactory the final phase of implementation including milling and resurfacing of Pine Tree and LaGorce Drives with permanent landscaping. Administration and Miami-Dade County Traffic to meet on site, 26th St. and Pine Tree, to address the situation and what improvements the County can implement. Commissioner Dermer suggested that a redesign of the curve may alleviate the problem especially at night.

A report was given by the City Manager.

Mayor Kasdin suggested the creation of a committee to address the traffic calming issue and devices for PineTree, LaGorce and Alton Road. City Manager to report the membership of the committee to the Commission via an L.T.C. Julio Grave de Peralta to handle.

Jim Schlobohm, Alton Road Homeowners Association gave a presentation to the Commission. Mayor Kasdin was requested to contact FDOT to apply pressure.

R9F Report on the City's Preparations and Time Lines regarding Y2K (Year 2000).

(Requested by Mayor Neisen Kasdin)

1. Commission Memorandum No. 750-98

Year-2000 (Y2K) Computer Systems Preparations Summary Report.

ACTION: Written report submitted.

R9G Discussion regarding Alton Road Traffic Calming, Including the County and State Plans for the Area. (Requested by Vice-Mayor Simon Cruz)

ACTION: Verbal report given by the City Manager. See action R9E.

R10 - City Attorney Reports

R10A Oral Report on the Status and Progress of the International Municipal Lawyers Association (IMLA) Conference, November 8-9, 1998.

(City Attorney's Office)

ACTION: Report given by the City Attorney.

Reports and Informational Items

A City Attorney Commission Memorandum No. 755-98

City Attorney's Status Report.

(City Attorney's Office)

ACTION: Written report submitted.

B Commission Memorandum No. 756-98

Status Report on the Cultural Campus.

(City Manager's Office)

ACTION: Written report submitted.

C Commission Memorandum No. 757-98

Informational Report regarding the Wolfsonian Repayment Schedule.

(City Manager's Office)

ACTION: Written report submitted.

D Commission Memorandum No. 758-98

Parking Status Report.

(Parking Department)

ACTION: Written report submitted.

End of Regular Agenda

Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

November 4, 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. 98-44

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: Report presented by Assistant City Manager Christina Cuervo. Vice-Mayor Cruz stated that the major problem is that Cityís costs are much higher than anticipated and need to be worked out. The City Manager advised the Commission that in order to get a better idea of the transaction, he is in the process of compiling a report which will trace the history of the project and all actions taken.

The item was referred to the Finance and Capital Improvements Committee. Christina Cuervo to complete the research and report. Patricia Walker to place on the committee agenda.

Commissioner Liebman requested the status of the Washington Avenue streetscape, particularly south of the parking garage.

B. Memorandum from Commissioner Martin Shapiro

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

(Requested by Commissioner Martin Shapiro)

ACTION: Heard in conjunction with Commission item R5I.

Resolution No. 308-98 adopted as amended. See item R5I for amendments and action. Motion made by Commissioner Shapiro; seconded by Commissioner Dermer voice vote: 7-0.

End of Agenda

Meeting Adjourned at 10:21p.m.