City of Miami Beach - City Commission Meeting
Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
November 8, 2000

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

AFTER ACTION

ATTENTION ALL LOBBYISTS

Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney.

CONSENT AGENDA

PA1 Cert. of Apprec/Rep. Meek, Asst. w/Obtaining Sec.108 Funding.(Bower/Smith/Liebman) 1

PA2 Cert. of Apprec/E. Weisburd & R. Lane, Dedication to Cult. Ctr. Oversight Comm. (Liebman)

PA3 Cert. of Apprec/C. Burkett, Dedication to North Beach Development Corp. (Bower)

PA4 Cert. of Apprec/C. Callen/O. Velazquez, Moderniz. Award by Bass Hotels/Resorts. (Kasdin)

C2A Award PO, Bid # 3485, Purchase Confined Space Rescue Equipment, $11,726.12. 2

C2B Award PO, Purchase Boardwalk Emergency Call Boxes, $20,776. 4

C2C Award PO, Provide Floor Covering/Backing Removal & Replacement, $140,227. 6

C4A Ref: Land Use Comm., Create Landscape Median, Linc. Rd. Betw. Collins & Washington. 8

C4B Ref: Land Use Comm., Proposed Non-Hardship Variance Ordinance. (Liebman) 10

C4C Ref: Fin. & Citywide Proj. Comm., RDA Updated Presented. 18

C4D Ref: Community Affairs Comm. - Park Bench in Honor of Norman H. Gross. 20

C4E Ref: Land Use Comm.-Limit Aggregation of Commercial Sq. Ft, Lincoln Rd. (Liebman) 22

C7A Place 33 Banners, Nov. 15- Nov. 28, White Party 2000. 24

C7B Enter into Negotiations for RFP, Design/Re-Installation, Bass Museum Fixtures. 32

C7C Indemnification of Legal Expenses, Comm. Liebman's Defense in MDC Comm.of Ethics. 36

C7D Execute Grant Agmt w/ A. Marchetta, Rehab of 8427 Crespi Blvd. 46

C7E Amend Agmt for FY 1998/99 & 1999/00, CDBG Program. 62

C7F Approve Grant & Execute Agmt, Linc. Rd. Community Policing Enhancement Program. 70

C7G Adopt First Amendment to Police Confiscation Trust Fund for FY 2000/01, $67,876. 108

C7H Execute Interlocal Agmt, Services w/ U. S. Environmental Protec. Agency, Prof. Svcs. 112

C7I Execute Lease Agmt, Temp. Staging Area, Renourishment of Eroded Bch Areas, 63 St. 116

C7J Issue RFQ, Provision of Rotational Architectural/Engineering Svcs. for Capital Projects. 126

C7K Approve Change Orders, Expansion & Renovation of Bass Museum Project. 134

C7L Issue RFQ, Devlp't of Comprehensive Plan for Electrowave Shuttle Service. 138

C7M Execute JPA w/ FDOT, Electrowave Service/Collins Avenue Route. 146

REGULAR AGENDA

R2A Appropr. $1,408,092, Purchase (2) Pierce Mod. 2001 100' Aerial Platform Chassis. 166

R5A 10:30 a.m. 2nd Rdg, Amend Ch. 2, Agencies, Brds, & Committees, Cult. Arts Council. 174

R5B 1st Rdg, Amend Ch. 2, Agencies, Brds, and Committees, Conv. Ctr.Adv.Brd. (Liebman) 180

R5C 11:15 p.m., 2nd Rdg, Amend Ch. 90, Rate Increase for Collection/Disposal of Garbage. 186

R5D 1st Rdg, Provide Addnl. Homestead Exemption for Qualified Senior Citizens. (Bower) 196

R5E 3:45 p.m. 2nd Rdg, Amend Ch. 46, Care & Maintenance of Trees & Plants. (Liebman) 204

R5F 4:00 p.m., 2nd Rdg, Amend Ch. 62, Human Relations/Discrimination. (Liebman) 214/SM

R5G1 5:00 p.m., 1st & Only Rdg, Rezoning - 1733 Michigan Ave. (Portion). 220

R5G2 5:00 p.m. 1st & Only Rdg, Future Land Use Map Change-1733 Michigan Av.(Portion). 220

R5H 5:05 p.m., 2nd Rdg, Establ. (180) Day Moratorium, Issuance of All Pay Phone Permits. 238

R5I 5:10 p.m. 1st & Only Rdg, Rezoning - Monad Terrace. 244

R5J 5:20 p.m., 1st Rdg, Designation of Proposed Collins Waterfront Historic District. 258

R5K 1st Rdg, Rooftop Additions in Proposed Collins Historic District. 288

R6A Verbal Report: Finance & Citywide Projects Committee Meeting of Nov. 2, 2000. 296

R6B 11:00 a.m., Verbal Report: Neighborhoods Committee Meeting of November 3, 2000. 298

R7A 2:30 p.m., 2nd Rdg, Execute Lease Agmt w/ Unidad, Use of 833 6th Street. 300

R7B 3:00 p.m., Approve Sale of 200 Sq. Ft. of City-Owned ROW at 2 Hibiscus Drive. 5/7 324

R7C 3:30 p.m., Approve Lease Agmt w/ 16th Str. Part., Develop Site at Washington/16th St. 338

R7D Adopt Miami-Dade's Canvassing Brd Certif. of Results of Special Election of 11/7/00. 348

R7E Terminate Negotiation w/ Pointe at N. Beach, Issue RFQ, 72nd St. RFQ. 352

R7F 11:45 a.m., Approve Issuance & Sale, Health Facilities Authority Bonds. 378

R7G 11:00 a.m., Award Chg Order Increase, Perm. for Improv. to Comm.Trash/Recycl. Ctr. 416

R7H Approve Retroactive Submission of Grant Appl. Roadway Enhanc., 16th St. Corridor. 426

R7I 2:00 p.m., Approve Policy, Issuance of Convention Center Rent Waivers. (Kasdin) 430

R7J Renew Agmt w/ Central Parking, Provide Parking Meter Collection Services. 434

R7K Oppose FDOT Proj. Proposal, Creation of Left-Turn Lane on Southbound Pine Tree Dr. 438

R7L Authorize 50% Reduction in Parking Rate, 945 Pennsylvania Ave A

R9A Board and Committee Appointments. 446

R9A1 Ratify Housing Authority Committee Appointments. (Kasdin) 496

R9B1 1:30 p.m., Dr. Stanley Sutnick Citizens' Forum. 500

R9B2 5:30 p.m., Dr. Stanley Sutnick Citizens' Forum. 500

R9C 2:00 p.m., Disc. First Night Convention Center Fee Waiver Request. (Kasdin) 502

R9D Disc. City's Management Fellow Program. (Garcia) 504

R9E Disc. Ordinance Limiting Sales of Beer/Wine off-Premises Consumption. (Cruz) 506

R9F 4:30 p.m., Disc. Adult Entertainment Establishments. (Smith) 508

R9G Noon Break, Committee of the Whole Meeting re: City Commission Meetings. 510

R9H Disc. Historic Preservation Design Guidelines on Single Family Homes. (Liebman) 512

R9I Disc. Resolution Vesting City Mgr Authority to Settle Code Compliance Liens. (Smith) 514

R9J Disc. Citrus Canker Eradication Program. A

R10 - CITY ATTORNEY REPORTS

R10A Noon Break, Executive Session: William Zubkoff & Carolee Devito vs. CMB. 516

R10B Noon Break, Executive Session: Royal World Metropolitan Inc. vs. CMB. 518

REPORTS AND INFORMATIONAL ITEMS

A Parking Status Report. 520

B Status Report on Rules & Regulations for Beachfront Concessions w/ the State. 544

REDEVELOPMENT AGENCY ITEMS - 10:00 A.M.

2A Report of Itemized Rev. & Expend. of RDA, Months Ending September 2000 1/SC

2B Georgian Condominium Status Report. 3

3A Appropr. Funds, Pay 2000 Ad Valorem Property Tax on Anchor Shops & Parking Garage. 11

3B Accept Recommendation, Leasing/Mgmt of Retail at Anchor Shops/Parking Garage. 17

Call to Order - 9:15 a.m.

Inspirational Message by Reverend Thompson and Pledge of Allegiance by Chief Barreto

Requests for Additions, Withdrawals, and Deferrals

PA - Presentations and Awards

PA1 Certificate of Appreciation to be Presented to Representative Carrie Meek for Assisting the City of Miami Beach in Obtaining Valuable Section 108 Funding. (Page 1)

(Requested by Commissioner Matti Herrera Bower, Jose Smith & Nancy Liebman)

ACTION: Deferred.

 

PA2 Certificate of Appreciation to be Presented to Elayne Weisburd and Richard Lane for their Continued Efforts and Dedication to the Cultural Center Oversight Committee.

(Requested by Commissioner Nancy Liebman)

ACTION: Deferred.

 

9:19 am/172t1

PA3 Certificate of Appreciation to be Presented to Charles Burkett for his Years of Dedication at the North Beach Development Corporation.

(Requested by Commissioner Matti Herrera Bower)

ACTION: Certificate presented.

 

9:23am/384t1

PA4 Certificate of Appreciation to be Presented to Claire Callen, President of Oceanside Resorts and Orlando Velazquez, Jr., General Manager of Holiday Inn South Beach, in Recognition for Being Awarded with the Modernization Award by the Bass Hotels & Resorts World Conference in October, 2000.

(Requested by Mayor Neisen Kasdin)

ACTION: Certificate presented.

CONSENT AGENDA

9:28 am/1580T1

ACTION: Motion made by Commissioner Bower to approve the Consent Agenda; seconded by Commissioner Garcia; Voice vote: 5-0; Absent: Vice-Mayor Cruz and Commissioner Dermer.

C2 - Competitive Bid Reports

C2A Commission Memorandum No. 820-00 (Page 2)

Request for Approval to Award a Purchase Order to Safety Equipment Co., in the Amount of $11,726.12, Pursuant to City of Hollywood Bid No. 3485 for the Purchase of Confined Space Rescue Equipment for the Fire Department.

(Fire Department)

ACTION: Award authorized. Gus Lopez to issue a Purchase Order. Chief Jordan to handle.

 

C2B Commission Memorandum No. 821-00 (Page 4)

Request for Approval to Award a Purchase Order to Telecom Engineering Consultants, Inc., in the Amount of $20,776, Pursuant to State Negotiated Agreement Price Schedule (SNAPS) Contract No. 2501747-1 for the Purchase of Boardwalk Emergency Call Boxes for the Police Department.

(Police Department)

ACTION: Award authorized. Gus Lopez to issue a Purchase Order. Chief Barreto to handle.

Handout: 1. Color copy of the Code Blue CB 11-e

 

C2C Commission Memorandum No. 822-00 (Page 6)

Request for Approval to Award a Purchase Order to Shaw Contract Flooring, in the Amount of $140,227, Pursuant to the State of Florida Contract No. 360-240-00-1 for Providing Floor Covering, Backing Removal and Replacement for the City of Miami Beach Police Department.

(Police Department)

ACTION: Award authorized. Gus Lopez to issue a Purchase Order. Brad Judd to handle.

C4 - Commission Committee Assignments

 

C4A Commission Memorandum No. 823-00 (Page 8)

Referral to the Land Use Committee of a Resolution Recommending that the City Study the Feasibility of Creating a Landscaped Median on Lincoln Road in Between Collins Avenue and Washington Avenue.

(Planning Department)

ACTION: Referred. Jorge Gomez to place on committee agenda.

 

10:23 am/4600t1

C4B Referral to the Land Use Committee - Proposed Non-Hardship Variance Ordinance. (Page 10)

(Requested by Commissioner Nancy Liebman)

ACTION: Item not referred.

Item separated for discussion by Commissioner Bower.

Motion made by Commissioner Bower rejecting the referral and directing the Administration to better define "hardship" and come back with guidelines where the "hardships" criteria is limited to a very minor and very narrow scope; seconded by Commissioner Smith; voice vote: 7-0.

 

C4C Commission Memorandum No. 824-00 (Page 18)

Referral to the Finance and Citywide Projects Committee of a Discussion of the Miami Beach Redevelopment Agency Regarding the Preparation of an Updated Presentation.

(Finance Department)

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

 

C4D Commission Memorandum No. 825-00 (Page 20)

Referral to the Community Affairs Committee - Request by Howard Gross to Donate a Park Bench, Valued at $850, to be Placed at the Flamingo Park Memorial Football Stadium, in Honor of His Deceased Brother, Norman H. Gross.

(Parks and Recreation Department)

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

 

10:45 am/75t2

C4E Referral to Land Use Committee - Limiting the Aggregation of Commercial Square Footage on Lincoln Road for Consideration of a Zoning Change. (Page 22)

(Requested by Commissioner Nancy Liebman)

ACTION: Item not referred.

Item separated for discussion by Commissioner Garcia for Vice-Mayor Cruz. Discussion held.

Commissioners Dermer and Garcia, both of whom sit on the Land Use Committee, expressed their concerns with the referral.

Motion made by Commissioner Bower; seconded by Commissioner Liebman to refer to the Land Use Committee; voice vote: 6-1; Opposed: Commissioner Garcia.

Commissioner Liebman withdrew the item because it has already been referred to the Planning Board.

C7 - Resolutions

C7A Commission Memorandum No. 826-00 (Page 24)

A Resolution Approving and Authorizing the Placement of Thirty-Three (33) Banners for White Party 2000, from November 22, 2000, to November 27, 2000, as Requested by the Applicant at the Following Locations: Washington Avenue, Between 7th Street and 16th Street; Convention Center Drive, Between 17th Street and Dade Boulevard; Alton Road, Between 13th Street and 17th Street; and MacArthur Causeway (Alton Road to Coast Guard Station); Said Banners to be Affixed to Light Poles in the Public Right-of-Way; Measuring 3' X 7' and Having Copy and Design as Shown on the Attached Drawings; and to be Installed and Removed in Accordance with all Other Applicable City Requirements; the Administration Further Recommends that these Banners be Installed no Earlier than November 15, 2000, and Removed by November 28, 2000.

(Arts, Culture and Entertainment)

ACTION: Resolution No. 2000-24144 adopted. James Quinlan to handle.

 

C7B Commission Memorandum No. 827-00 (Page 32)

A Resolution Authorizing the Administration to Enter into Negotiations for a Contract with David Kish, Art/Design, as the Top-Ranked Proposer Pursuant to Request for Proposals (RFP) No. 116-99/00 for the Design, Manufacture and Reinstallation of all Pedestals, Vitrines, Architectural Niches and Mounts Required for the Reinstallation of the Bass Museum Permanent Collection; and Further Authorizing the Administration to Negotiate with the Second Ranked Firm of Artco Store Fixtures Should the Administration not be Able to Successfully Negotiate with the Top Ranked Firm.

(Bass Museum)

ACTION: Resolution No. 2000-24145 adopted. Mayra Diaz Buttacavoli to handle.

City Clerk's Note: Cost via RFP $25,570

 

9:28 am

C7C Commission Memorandum No. 828-00 (Page 36)

A Resolution Relating to Indemnification of Legal Expenses Totaling $2,273.00 Incurred by Miami Beach City Commissioner Nancy Liebman for her Defense in Miami-Dade County Commission on Ethics and Public Trust Complaint No. 00-07; Reciting Findings Supporting said Indemnification.

(City Attorney's Office)

ACTION: Item separated from the Consent Agenda by Commissioner Liebman because of a voting conflict.

Resolution No. 2000-24146 adopted. Motion made by Commissioner Bower; seconded by Commissioner Smith; voice vote: 4-0; Absent: Vice-Mayor Cruz and Commissioner Dermer; Abstained: Commissioner Liebman. Patricia Walker to handle.

Handout:

1. Commissioner Liebman completed form 8B. Memorandum of voting conflict filed with meeting.

 

C7D Commission Memorandum No. 829-00 (Page 46)

A Resolution Authorizing the Mayor and City Clerk to Execute the Attached Multi-Family Housing Rehabilitation Program Matching Grant Agreement with Anthony Marchetta in the Amount of $40,000 in Community Development Block Grant (CDBG) Program Funds through the Multi-Family Housing Rehabilitation Program for the Rehabilitation of the Property Located at 8427 Crespi Boulevard, Miami Beach, to Provide Three Rental Units for Income-Eligible Tenants.

(Community/Economic Development)

ACTION: Resolution No. 2000-24147 adopted. Miguell Del Campillo to handle.

 

C7E Commission Memorandum No. 830-00 (Page 62)

A Resolution Retroactively Approving and Amending Certain Agreements, as Set Forth in the Body of this Resolution, for Fiscal Year 1998/1999 and Fiscal Year 1999/2000 for the Community Development Block Grant (CDBG) Program to Extend the Expiration Dates of Said Agreements.

(Community/Economic Development)

ACTION: Resolution No. 2000-24148 adopted. Miguell Del Campillo to handle.

 

C7F Commission Memorandum No. 831-00 (Page 70)

A Resolution Approving the Award of a Grant to the City Under the Drug Control and System Improvement Program and Authorizing the Mayor and the City Clerk to Execute a Cooperative Agreement Between the City and Miami-Dade County Providing for a Lincoln Road Community Policing Enhancement Program; Appropriating $61,881 in Grants Funds; and Authorizing the Expenditure of Said Grant Funds.

(Police Department)

ACTION: Resolution No. 2000-24149 adopted. Chief Barreto and Patricia Walker to handle.

 

11:00 am/823t2

C7G Commission Memorandum No. 832-00 (Page 108)

A Resolution Adopting the First Amendment to the Police Confiscation Trust Fund for Fiscal Year 2000/01, in the Amount of $67,876, to be Funded from the Proceeds of State Confiscated Funds. (Police Department)

ACTION: Item separated by Commissioner Liebman.

Resolution No. 2000-24150 adopted.

Commissioner Liebman asked what is the criteria used to spend this money. She stated that some of the items could be purchased through the Police capital or maintenance funds and the Trust Fund money spent for needy community services. Item deferred until Chief Barreto could be present.

 

6:54 pm./1775t7

Discussion on this item continued with Chief Barreto present. Jorge Gonzalez, City Manager, stated that this type of expenditure gives some relief to the General Fund. In the future, the Administration intends to seek expenditure approval on a quarterly basis.

ACTION: Motion made by Commissioner Smith stating he had no problems with this type of expenditure; seconded by Commissioner Liebman; Voice vote: 6-0; Absent: Vice-Mayor Cruz. Patricia Walker and Chief Barreto to handle.

 

C7H Commission Memorandum No. 833-00 (Page 112)

A Resolution Authorizing the Mayor and City Clerk to Execute an Interlocal Agreement with Miami-Dade County for the Performance of Professional Services Associated with the United States Environmental Protection Agency's National Pollutant Discharge Elimination System, Five Year Operating Permit.

(Public Works)

ACTION: Resolution No. 2000-24151 adopted. Matthew Schwartz to handle.

City Clerk's Note: Annual Cost of $26,550.

 

C7I Commission Memorandum No. 834-00 (Page 116)

A Resolution Authorizing the Mayor and City Clerk to Execute a Short Term Lease Agreement with Miami-Dade County to Establish a Temporary Construction Staging Area at the Seaward End of Allison Park for the Emergency Renourishment of the Severely Eroded Beach Area Between 63rd and 69th Streets.

(Public Works)

ACTION: Resolution No. 2000-24152 adopted. Bruce Henderson and Joe Damien to handle.

 

C7J Commission Memorandum No. 835-00 (Page 126)

A Resolution Authorizing the Administration to Issue a Request for Qualifications for a Two-Year Contract for Providing Professional Architectural/Engineering Services in Various Professional Sub-Specialities on a Rotational Basis, for Capital Projects in which Basic Construction Cost Does not Exceed $500,000 per Project, or for Study Activities for which the Fee does not Exceed $25,000; Further, Extending the Term of the Existing Agreements with the Rotational Consultants Dated August 20, 1998, for a Period of Nine (9) Months, or until the New Rotational List is Constituted, whichever Event Occurs First. (Public Works)

ACTION: Resolution No. 2000-24153 adopted. Matthew Schwartz to handle. Gus Lopez to issue RFQ.

City Clerk's Note: See FS 287.055 (Consultants' Competitive Negotiations Act)

 

C7K Commission Memorandum No. 836-00 (Page 134)

A Resolution Approving Change Orders "5W" through "7C" with Danville - Findorff, Inc., in the Amount of $86,748, and Appropriating Additional Funding, in the Amount of $86,748, from Unexpended Balance in Gulf Breeze Loan Pool, to Pay for the Above Stated Change Orders for the Expansion and Renovation of the Bass Museum of Art.

(Public Works)

ACTION: Resolution No. 2000-24154 adopted. Mayra Diaz Buttacavoli and Patricia Walker to handle.

 

C7L Commission Memorandum No. 837-00 (Page 138)

A Resolution Authorizing the Administration to Issue a Request for Qualifications (RFQ) for the Development of a Comprehensive Long-Range Plan for the Electrowave Shuttle Service, in an Amount not to Exceed $50,000; and Appropriating $40,000 in Year 2001 Municipal Grant Program Funds Awarded by the Metropolitan Planning Organization, and $10,000 in Concurrency Mitigation Funds.

(Transportation/Concurrency Management)

ACTION: Resolution No. 2000-24155 adopted. Gus Lopez to issue RFQ. Patricia Walker to appropriate funds. Joseph Johnson to handle.

 

C7M Commission Memorandum No. 838-00 (Page 146)

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute a Joint Participation Agreement (JPA), Between the Florida Department of Transportation (FDOT) and the City of Miami Beach, Awarding $150,000 in Fiscal Year 2000-01 Service Development Funds to the New Collins Avenue Route of the Electrowave Shuttle Service; Appropriating the Funds as Part of the Fiscal Year 2000-01 Electrowave Operating Budget; and Acknowledging that these New Funds, Dedicated to the Collins Avenue Service, are Meant to Replace, in the FY 2000-01 Electrowave Budget, those FDOT Funds that will Expire January 20, 2001, the Third Anniversary of the Original Route Service.

(Transportation/Concurrency Management)

ACTION: Resolution No. 2000-24156 adopted. Joseph Johnson and Patricia Walker to handle.

 

End of Consent Agenda

REGULAR AGENDA

R2 - Competitive Bid Reports

9:30 am/810t1

R2A Commission Memorandum No. 839-00 (Page 166)

A Resolution Authorizing the Appropriation of Funds from the $92 Million General Obligation (G.O.) Bond Series 2000, Fund Number 378, and Approving the Issuance of a Purchase Order to Pierce Manufacturing, Inc., in the Amount of $1,408,092, for the Purchase of Two (2) Pierce Model 2001 100' Aerial Platform on Dash 2000 Chassis (Fire Trucks), Pursuant to Lake County Contract No. 99-150.

(Fire Department)

ACTION: Resolution No. 2000-24157 adopted. Motion made by Commissioner Bower; seconded by Commissioner Smith; Voice vote: 5:0; Absent: Vice-Mayor Cruz and Commissioner Dermer. Chief Jordan and Patricia Walker to handle.

R5 - Ordinances

 

10:41am/6330t1

R5A Commission Memorandum No. 840-00 (Page 174)

An Ordinance Amending Miami Beach City Code Chapter 2, Entitled "Administration", by Amending Article III Thereof, Entitled "Agencies, Boards, and Committees", by Amending Division 6, Entitled "Cultural Arts Council", by Amending Subsection 2-55(c), Entitled "Appointment and Term of Members"; Subsection 2-55(d), Entitled "Filling Vacancies"; and Subsection 2-55(e), Entitled "Renewal of Members"; Providing for Severability; Codification; Repealer; and an Effective Date. 10:30 a.m. Second Reading, Public Hearing

(Arts, Culture and Entertainment)

(First Reading October 18, 2000)

ACTION: Public Hearing held. Ordinance Number 2000-3277 adopted as amended. Motion made by Bower; seconded by Commissioner Dermer; Ballot vote: 5-2. Opposed: (10:44) R. Parcher to forward to Municipal Code. David Whitman and R. Parcher to handle.

First Assistant City Attorney Raul Aguila read amendments to section 2-55(d) - Filling vacancies and section 2-55(e) -Removal of members into the record.

City Clerk's Note: Revised ordinance was distributed at the meeting.

 

9:31 am/847t1

R5B Commission Memorandum No. 841-00 (Page 180)

An Ordinance Amending Chapter 2 of the City Code Entitled "Administration" by Amending Article III thereof Entitled "Agencies, Boards, and Committees" by Amending Division 5, Entitled "Convention Center Advisory Board," by Amending Subsection 2-46(d) Entitled "Composition" by Reducing the Number of Board Members from 14 to 7; Providing for Repealer; Providing for Codification; Providing for Severability; and Providing for an Effective Date. First Reading

(Requested by Commissioner Nancy Liebman)

ACTION: Discussion held. Ordinance approved on first reading. Motion made by Commissioner Bower; seconded by Commissioner Garcia; Ballot vote: 5-0; Absent: Vice-Mayor Cruz and Commissioner Dermer. Second Reading and Public Hearing scheduled for November 29, 2000. R. Parcher to Notice. Judy Hoanshelt to place on agenda.

City Clerk's Note: November 29, 2000 at 11:30am.

 

11:42 am/3654T2

R5C Commission Memorandum No. 842-00 (Page 186)

An Ordinance Amending Miami Beach City Code, Chapter 90, Entitled "Solid Waste", by Amending Section 90-137(a), Entitled "Appendix A-Fee Schedule", by Raising the Fee Schedule for City Collection and Disposal of Garbage and Trash at a Rate Concomitant with the Rate Increase Assumed by the City Upon the Execution of the Service Agreement for the Aforementioned Services Pursuant to Request for Proposals No. 101-99/00; Providing for Repealer, Severability, Codification, and a Retroactive Effective Date of October 1, 2000. 11:15 a.m. Second Reading, Public Hearing

(Sanitation Department)

(First Reading October 18, 2000)

ACTION: Public Hearing held. Ordinance Number 2000-3278 adopted. Motion made by Commissioner Bower; seconded by Commissioner Liebman; Ballot vote: 7-0. R. Parcher to forward to Municipal Code. Patricia Walker to handle.

 

9:32 am/924t1

R5D Commission Memorandum No. 843-00 (Page 196)

An Ordinance Relating to Ad Valorem Taxation; Providing for an Additional Homestead Exemption for Certain Qualifying Senior Citizens to be Applied to Millage Rates Levied by the City; Providing Requirement of Annual Application and Submission of Supporting Documentation to the Miami-Dade County Property Appraiser; Providing for Waiver of Exemption; Providing for an Annual Increase in the Income Limitation; Repealing all Ordinances and Resolutions in Conflict Herewith; Providing for Severability; Providing for Codification; and Providing for an Effective Date. First Reading

(Requested by Commissioner Matti Herrera Bower)

ACTION: Discussion held. Ordinance approved on first reading. Motion made by Commissioner Bower; seconded by Commissioner Garcia; Ballot vote: 6-0; Absent: Commissioner Dermer. Second Reading and Public Hearing scheduled on November 29, 2000. R. Parcher to Notice. Judy Hoanshelt to place on agenda. Patricia Walker to handle.

City Clerk's Note: November 29, 2000 at 11:45.

 

3:50 pm/1880t4

R5E Commission Memorandum No. 844-00 (Page 204)

Ordinance - Tree Ordinance

An Ordinance Amending Division 2, Entitled "Trees" of Article II, Entitled "Care and Maintenance of Trees and Plants", of Chapter 46 of the Miami Beach City Code, Entitled "Environment" by Providing for Definitions, Purpose, Scope and Applicability, and Application Procedures Regarding Tree Permits, Providing for Enforcement and Civil Remedies, Prohibiting Tree Abuse, and Declaring Lethal Yellowing Disease a Public Nuisance; Providing for Repealer; Inclusion in the City Code ; Severability; and an Effective Date. 3:45 p.m. Second Reading, Public Hearing

(Requested by Commissioner Nancy Liebman)

(Continued from October 18, 2000)

ACTION: Public Hearing held. Ordinance Number 2000-3279 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Bower; Ballot vote: 7-0. R. Parcher to forward to Municipal Code. Patricia Walker and Al Childress to handle. Nannette Rodriguez to assist in notifying the public.

 

4:00 pm/2920t4

R5F

An Ordinance Amending Chapter 62 of the Miami Beach City Code Entitled "Human Relations,"

Amending Article II Thereof, Entitled "Discrimination," Amending Division 3 Thereof, Entitled "Regulations," by Amending Section 62-90 Thereof, to be Entitled "Use of Municipal Facilities," by Providing Provisions Requiring Organizations, Clubs or Individuals which Seek a Fee Waiver for the Use of Municipal Facilities to Provide Confirmation in Writing that Said Organization, Club, or Individual Does not Discriminate with Regard to Public Access to the Municipal Facility; and by Amending Section 62-91 thereof, to be Entitled "Municipal Funds" by Providing Provisions Requiring Organizations or Clubs which Seek Municipal Funds to Provide Confirmation in Writing that said Organization or Club does not Discriminate; Providing for Codification; Providing for Repealer; Providing for Severability; and Providing for an Effective Date. 4:00 p.m. Second Reading, Public Hearing (Page 214)

(Requested by Commissioner Nancy Liebman)

(Continued from October 18, 2000)

ACTION: Public Hearing held. Ordinance Number 2000-3280 adopted. Vice-Mayor Liebman; seconded by Commissioner Smith; Ballot vote: 6-1; Absent: Commissioner Bower. R. Parcher to forward to Municipal Code. Mayra Diaz Buttacavoli, Christina Cuervo, Kevin Smith, and Joe Damien to handle.

City Clerk's note: See Supplemental materials for revised ordinance.

 

5:27pm/2630t4

R5G Commission Memorandum No. 845-00 (Page 220)

1. Rezoning - 1733 Michigan Avenue (Portion)

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 Classification for Lot 17, Block 20 of PALM VIEW SUBDIVISION [Plat Book 6, Page 29] (a Portion of 1733 Michigan Avenue) from the Current Zoning District Classification RS-4 Single Family Residential, to the Proposed Zoning District Category RM-1 Residential Multi-Family Low Intensity; Amending the Affected Portion of the City's Official Zoning District Map to Correspond with this Change as Adopted by the City Commission; Providing for Repealer, Severability and an Effective Date. 5:00 p.m. First and Only Reading, Public Hearing

2. Future Land Use Map Change - 1733 Michigan Avenue (Portion)

An Ordinance Amending the Future Land Use Map of the City of Miami Beach Comprehensive Plan for Lot 17, Block 20 of PALM VIEW SUBDIVISION [Plat Book 6, Page 29] (a Portion of 1733 Michigan Avenue) from the Current Land Use Classification RS Single Family Residential, to the Proposed Land Use Classification RM-1 Residential Multi-Family Low Intensity; Directing Transmittals of this Ordinance and All Applicable Documents to Affected Agencies; Providing for Repealer, Severability, Inclusion in the Comprehensive Plan and an Effective Date. 5:00 p.m. First and Only Reading, Public Hearing (Planning Department)

(Continued from September 13, 2000)

ACTION: #1: Ordinance not adopted.

Speakers sworn in. Public Hearing held. Disclosure by Mayor and Commissioners.

Motion made by Commissioner Liebman to deny the rezoning; seconded by Commissioner Garcia; Ballot vote: 7-0.

 

ACTION: #2: Ordinance not adopted.

Speakers sworn in. Public Hearing held. Disclosure by Mayor and Commissioners.

Motion made by Commissioner Liebman to deny the rezoning; seconded by Commissioner Bower; Ballot vote: 7-0.

Handout:

1. Speakers list

City Clerk's Note: Note that this is the first and only public hearing the Commission will have regarding the proposed rezoning/land use map change; there is no second reading. As per state statute, the Land Development Regulations and the Comprehensive Plan specify a different procedure for adoption of zoning/land use map amendments for parcels of property under ten (10) acres in size. All neighbors within 375 feet of the property were notified of the public hearing by mail. Following the one required public hearing, the amendment may be immediately adopted by the City Commission.

 

6:32pm/450t7

R5H Commission Memorandum No. 846-00 (Page 238)

An Ordinance Establishing a Temporary One Hundred and Eighty (180) Day Moratorium on the Issuance of All Pay Telephone Permits, Including Renewal Permits, which Shall Automatically Dissolve Upon the Earlier of the Expiration of the One Hundred and Eighty (180) Day Period or Upon the Final Resolution of all Pending Litigation Against the City of Miami Beach with Regard to Pay Telephones; Providing for Repealer; Providing for Severability, and Providing for an Effective Date. 5:05 p.m. Second Reading, Public Hearing

(Public Works Department)

(First Reading October 18, 2000)

ACTION: Public Hearing held. Ordinance Number 2000-3281 adopted. Motion made by Commissioner Bower; seconded by Commissioner Liebman; Ballot vote: 7-0. Matthew Schwartz to handle.

 

6:33pm/544t7

R5I Commission Memorandum No. 847-00 (Page 244)

Rezoning - Monad Terrace

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 Classification for the Properties Fronting on Monad Terrace, Between Biscayne Bay and West Avenue, from the Current Zoning District Classification RM-2 Residential Multi-Family Medium Intensity, to the Proposed Zoning District Category RM-3 Residential Multi-Family High Intensity; Amending the Affected Portion of the City's Official Zoning District Map to Correspond with this Change as Adopted by the City Commission; Providing for Repealer, Severability and an Effective Date. 5:10 p.m. First and Only Reading, Public Hearing

(Planning Department)

ACTION: Speakers sworn in. Public Hearing held. Disclosure by Mayor and Commissioners (no Ex-parte communications listed)

Ordinance Number 2000-3282 adopted. Motion made by Commissioner Garcia; seconded by Commissioner Smith; Ballot vote: 7-0. Jorge Gomez to handle.

Mr. John Kastner complained that because of the construction in the are, his street and his house are subject to flooding, workers are parking in front of his house, mud is covering the sidewalk, the sidewalk is cracked, and construction workers are throwing trash in his bushes. Matthew Schwartz, Al Childress, and Robert Thomas to handle.

HANDOUT:

1. Speakers List

City Clerk's Note: Note that this is the first and only public hearing the Commission will have regarding the proposed rezoning/land use map change; there is no second reading. As per state statute, the Land Development Regulations and the Comprehensive Plan specify a different procedure for adoption of zoning/land use map amendments for parcels of property under ten (10) acres in size. All neighbors within 375 feet of the property were notified of the public hearing by mail. Following the one required public hearing, the amendment may be immediately adopted by the City Commission.

 

7:00pm/2232t and 7/:21pm/1658t7

R5J Commission Memorandum No. 848-00 (Page 258)

Ordinance - Designation of Proposed John S. Collins Waterfront Historic District

An Ordinance Amending Subpart B of the Land Development Regulations of the City Code; Amending Chapter 118, Entitled "Administration and Review Procedures"; Amending Article X, Entitled "Historic Preservation"; Amending Division 4, Entitled "Designation"; Amending Section 118-593, Entitled "Historic Preservation Designation"; Amending Subsection 118-593(e), Entitled "Delineation on Zoning Map" by Designating the Collins Waterfront Historic District, Consisting of a Certain Area which is Bounded on the East by the Erosion Control Line of the Atlantic Ocean Between 22nd Street and the Approved Relocation of 44th Street; on the North by the Approved Relocation of 44th Street from the Erosion Control Line of the Atlantic Ocean to the West Bank of Indian Creek; on the West by the West Bank of Indian Creek from the Approved Relocation of 44th Street to the Extended Centerline of 25th Street; Then the Boundary Runs Westward along the Extended Centerline of 25th Street from the West Bank of Lake Pancoast to Pinetree Drive; then Extends along the Centerline of Pinetree Drive from 25th Street to 23rd Street (Excluding the 23rd Street Bridge over the Collins Canal); and then Eastward Along the Northeastern Boundary of the National Register Architectural District from 23rd Street and Partly 22nd Street to the Erosion Control Line of the Atlantic Ocean, as More Particularly Described Herein; Providing That the City's Zoning Map Shall Be Amended to Include the Collins Waterfront Historic District; Adopting the Designation Report Providing for Inclusion in the Land Development Regulations of the City Code, Repealer, Severability, and an Effective Date. 5:20 p.m. First Reading, Public Hearing

(Planning Department)

ACTION: R5J and R5K were heard together.

William Cary gave a verbal historical overview of the area.

Commissioner Bower stated that she is concerned when boards make policy decision without input from the City Commission.

Public Hearing held. Discussion held. Ordinance approved on first reading. Motion made by Commissioner Bower; seconded by Commissioner Liebman; Ballot vote: 7-0; Second Reading and second Public Hearing scheduled on November 29, 2000. R. Parcher to Notice. Judy Hoanshelt to place on agenda. Jorge Gomez to handle.

Motion made by Commissioner Garcia to reconsider the vote on R5J; seconded by Commissioner Smith; Ballot vote: 2-5; Opposed: Mayor Kasdin, Vice-Mayor Cruz, and Commissioners Bower, Dermer and Liebman. Motion failed.

Handouts:

1. Speakers list

2. Letter to Miami Beach Community Development Corporation, Miami Design Preservation League and North Beach Development Corporation, from Frank Sanchis, Executive Director, The Municipal Art Society of New York, dated September 19, 2000

3. Roll Call Ballot

City Clerk's Note: November 29, 2000 at 2:00 pm

 

7:02/2341t7/8:23pm/1814t7

R5K Commission Memorandum No. 849-00 (Page 288)

Ordinance - Rooftop Additions in Proposed Collins Historic District

An Ordinance Amending Chapter 142 of the Miami Beach City Code Entitled "Zoning Districts and Regulations" by Amending Section 142-1161 Thereof Entitled "Height Regulation Exceptions" by Modifying the Prohibition of Rooftop Additions of More than One Story in the Collins Waterfront Historic District; Providing for Codification, Repealer, Severability, and an Effective Date. First Reading

(Planning Department)

ACTION: R5J and R5K were heard together. Discussion held. Ordinance not approved. Motion made by Commissioner Garcia; seconded by Commissioner Smith; Ballot vote: 4-3; Opposed: Commissioners Bower, Dermer and Liebman. Motion failed.

Motion made by Commissioner Garcia to reconsider the vote on R5J; seconded by Commissioner Smith; Ballot vote: 2-5; Opposed: Mayor Kasdin, Vice-Mayor Cruz, and Commissioners Bower, Dermer and Liebman. Motion failed.

Handouts:

1. Speakers list

2. Letter to Miami Beach Community Development Corporation, Miami Design Preservation League and North Beach Development Corporation, from Frank Sanchis, Executive Director, The Municipal Art Society of New York, dated September 19, 2000

3. Roll Call Ballot

R6 - Commission Committee Reports

9:47 am/1880t1

R6A Verbal Report on the Finance & Citywide Projects Committee Meeting of November 2, 2000 Regarding: 1) Health Facilities Authority Hospital Revenue Bonds (Mount Sinai Medical Center Project) Series 2000 C, D & E 2) Review of Loan Agreement Between City of Miami Beach and Friends of the Bass. (Page 296)

ACTION: Report accepted. Motion made by Commissioner Bower; seconded by Commissioner Smith; Voice Vote: 6-0. Absent: Commissioner Dermer.

City Clerk's Note: Written report submitted at the meeting.

 

11:03 am/500t2

R6B Verbal Report on the Neighborhoods Committee Meeting of November 3, 2000 Regarding:

1) Bayshore Trash Transfer Station. (Page 298)

ACTION: Heard in conjunction with R7G. Discussion held. Written report submitted and discussed.

Commissioner Garcia stated that the neighbors need to be a part of planning and renovation of the facility.

A question was raised regarding the quality of air because of the fumes given off by the trucks. Bruce Henderson stated that their is no bases for this concern. He stated that truck traffic has been reduced by more than 75%.

Commissioner Smith asked that the hours of operation be added to the Neighborhood Impact Mitigation Measures. Presently 7a to 5p - Monday through Saturday. He also requested that every neighbor receive a copy of the Neighborhood Impact Mitigation Measures report. Matthew Schwartz to handle.

Commissioner Bower stated that the road leading to the facility be secured when the facility is closed and that the area be properly lighted.

Motion by Commissioner Bower to approve option #3 (Continue full use and improve the facility to mitigate the impact on the community), to include: 1) Inform neighbors and include neighbors in the process; 2) Add the day and time of operation [presently 7a to 5p - Monday through Saturday]to the report; 3) Yearly review of the operations; 4) To secure the road and provide lighting when not in operation; and 5) approving the resolution in item R7G; seconded by Commissioner Cruz; Voice vote 7-0.

City Clerk's Note: Written report submitted at the meeting.

 

R7 - Resolutions

2:34 pm/2800t3

R7A Commission Memorandum No. 850-00 (Page 300)

A Resolution Authorizing the Mayor and City Clerk to Execute a Lease Agreement Between the City and Unidad of Miami Beach, Inc. for a Portion of the City-Owned Property Located at 833-6th Street, Miami Beach, Florida, for a Ten (10) Year Term, Commencing on December 1, 2000, and Ending on November 30, 2010, for Use as Administrative Offices and One-Stop Center; Further Waiving, by 5/7ths Vote, the Competitive Bidding and Appraisal Requirements, as Set Forth in Section 82-39 of the Miami Beach City Code, Finding Such Waiver to be in the Best Interest of the City. 2:30 p.m. Second Reading, Public Hearing

(Asset Management)

ACTION: Public Hearing held. Resolution No. 2000-24158 adopted. Motion made by Commissioner Bower; seconded by Commissioner Garcia.. Voice vote: 7-0. Joe Damien to handle.

Victor Diaz spoke for the Unidad and thanked the City Manager, Assistant City Manager Christina Cuervo, the Miami Beach business community, the City Commission and residents.

Handouts:

1. Brochure Centro Comunitario Hispano - Miami Beach Hispanic Community Center

2. Speakers list

 

3:10 pm/6210t3

R7B Commission Memorandum No. 851-00 (Page 324)

A Resolution Approving the Sale of Approximately 200 Sq. Feet of the City-Owned Right-of-Way Adjacent to the Residential Property Located at 2 South Hibiscus Drive, Miami Beach, Florida, to Dr. William Zubkoff and Carolee Devito (the Owners); Waiving, by 5/7ths Vote, the Competitive Bidding Requirement Pursuant to Ordinance No. 92-2783; and Authorizing the Mayor and City Clerk to Execute any and all Documents to Effectuate the Transaction, Including a Quit Claim Deed, Subject to Final Review of Same by the City Attorney's Office. 3:00 p.m. Public Hearing

(Public Works Department)

ACTION: Public Hearing held. Resolution No. 2000-24159 adopted amend the documents which effectuate the transaction. Motion made by Commissioner Garcia; seconded by Commissioner Smith; Voice vote: 7-0. Legal Department to handle.

Commissioner Smith requested that a Hold Harmless clause be added to the agreement. Joe Damien to handle.

3:30pm/740t4

R7C Commission Memorandum No. 852-00 (Page 338)

A Resolution Approving the First Amendment to the Agreement of Lease and Approving on Second Reading, the First Amendment to the Development Agreement, in Accordance with the Requirements of the Florida Local Government Development Agreement Act, Between the City of Miami Beach and 16th Street Partners LLC, for Development of the Site Located at Washington Avenue and 16th Street.

3:30 p.m. Second Public Hearing

(City Manager's Office)

(First Public Hearing October 18, 2000)

ACTION: Public Hearing held. Resolution No. 2000-24160 adopted. Motion made by Commissioner Bower; seconded by Commissioner Garcia; Voice vote: 7-0. Christina Cuervo to handle.

City Clerk's note: Cross reference: Lincoln Place.

 

3:07 pm/5570t3

R7D Commission Memorandum No. 853-00 (Page 348)

A Resolution Adopting the Miami-Dade County Canvassing Board's Certification of the Results of the City of Miami Beach Special Election Held on November 7, 2000 and Declaring Results Thereof.

(City Attorney's Office)

ACTION: Resolution No. 2000-24161 adopted. Motion made by Commissioner Smith; seconded by Commissioner Dermer; Voice vote: 7-0. Joe Damien and R. Parcher to handle.

 

8:36 pm/2680T8

R7E Commission Memorandum No. 854-00 (Page 352)

A Resolution Authorizing the Administration to Terminate Negotiations with the Pointe at North Beach, as the Successful Proposer Pursuant to Request for Proposals (RFP) No. 42-98/99 for Development of Approximately Four (4) Acres of City-owned Property Known as the "72nd Street Site", Located Between Collins and Harding Avenues, from 72nd to 73rd Streets; Said Termination as a Result of the Proposer's Failure to Comply with the Conditions Set Forth in Resolution No. 2000-23816 Adopted on February 23, 2000; Further Authorizing the Issuance of a Request for Qualifications (RFQ) Seeking Qualifications for Submission of Alternate Development Proposals as Set Forth Herein.

(City Manager's Office)

ACTION: Motion made by Commissioner Bower to accept the Administrations recommendation; seconded by Commissioner Liebman. No vote taken. Discussion continued.

Report given by Mr. Mike Cannon.

Mayor Kasdin asked Commissioner Bower is she would bifurcate the items. Commissioner Bower approved.

Resolution bifurcated into:

A) Termination as a Result of the Proposer's Failure to Comply with the Conditions Set Forth in Resolution No. 2000-23816.

Resolution 2000-24162 adopted. Motion made by Commissioner Bower; seconded by Commissioner Liebman; Ballot vote: 4-3; Opposed: Commissioners Dermer, Garcia, and Smith. Guz Lopez to notify bidders.

B) Authorizing the Issuance of a Request for Qualifications (RFQ) Seeking Qualifications for Submission of Alternate Development Proposals

Discussion Held.

Motion made by Commissioner Dermer to defer; no second offered.

Resolution 2000-24163 adopted. Motion made by Commissioner Bower; seconded by Commissioner Liebman; Ballot vote: 6-1; Opposed: Mayor Kasdin. Guz Lopez to issue RFQ. Christina Cuervo to handle.

Motion made by Commissioner Dermer to reconsider the second vote; no second offered.

Commissioner Garcia commented on issuance of a Cone of Silence to take place immediately applicable to the Mayor and City Commissioners.

Ted Berman distributed pictures of the 72 Street parking lot. The pictures show the lot filled with tractor trailers which are parked there pending the completion of a booking at the Convention Center. Commissioner Smith requested the Administration to immediately take action to remove the tractor trailers. Saul Frances to handle.

Handouts:

1. Letter from Ted Berman to Mayor Kasdin and Members of the City Commission, dated November 8, 2000, RE: 72nd Street RFP

2. Speakers list

3. Roll Call Ballots for votes on A and B above..

City Clerk's note: Cross reference - Equity One

 

11:44am/3830t2

R7F Commission Memorandum No. 855-00 (Page 378)

A Resolution Approving the Issuance and Sale of Not to Exceed $135,000,000 Principal Amount of City of Miami Beach Health Facilities Authority Hospital Revenue Bonds, Series 2000C (Mount Sinai Medical Center of Florida Project), Not to Exceed $25,000,000 Principal Amount of City of Miami Beach Health Facilities Authority Hospital Revenue Bonds, Series 2000D (Mount Sinai Medical Center of Florida Project) and Not to Exceed $90,000,000 Principal Amount of City of Miami Beach Health Facilities Authority Hospital Revenue Bonds, Taxable Series 2000E (Mount Sinai Medical Center of Florida Project), 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.

(Finance Department)

ACTION: Verbal report given by Patricia Walker and discussion held.

Commissioner Garcia stated that he felt that Mt. Sinai Hospital should have maintained the contact for City health care benefits. He also expressed his concern in regards to the emergency/trauma section being closed.

Motion made by Commissioner Smith to approve the resolution; seconded by Commissioner Liebman; no vote taken. Discussion continued

Motion made by Commissioner Dermer to defer to the November 29 commission meeting because of his concerns regarding the quality of health care available to the residents and needed more information; seconded by Commissioner Bower; Ballot vote: 4-2; Opposed: Vice-Mayor Cruz and Commissioner Liebman; Abstained: Mayor Kasdin

Commissioner Liebman requested that when this item is brought back to include doctors and residents to discuss the health issues.

Vice-Mayor Cruz and Commissioner Smith questioned if their is any liability to the city if deferred.

Larry Levy, Assistant City Attorney, in regards to the bond issue, the city has no liability.

Mr. Russell Galbut requested a time certain for the November 29 meeting be given with enough time to notice the public. Judy Hoanshelt to handle.

Handout:

1. Mayor Neisen Kasdin completed form 8B. Memorandum of voting conflict filed with meeting.

2. New Exhibit II submitted by Luis Reider.

3. Roll Call Ballot

 

11:03/500t2

R7G Commission Memorandum No. 856-00 (Page 416)

A Resolution Authorizing the Award of a Change Order Increase in the Amount of $40,250 to Metcalf & Eddy, Inc., for the Professional Engineering Services Required to Obtain the Permits for the Required Environmental Improvements to the Community Trash and Recycling Center Located at 28th Street and North Meridian Avenue.

(Sanitation Department)

ACTION: Heard in conjunction with R6B. See discussion R6B. Resolution No. 2000-24164 adopted. Motion by Commissioner Bower to approve option #3 (Continue full use and improve the facility to mitigate the impact on the community), to include: 1) Inform neighbors and include neighbors in the process; 2) Review the day and time of operation with the neighbors [presently 7a to 5p - Monday through Saturday]; 3) Yearly review of the operations; 4) To secure the road and provide lighting when not in operation; and 5) approving the resolution in item R7G; seconded by Commissioner Cruz; Voice vote 7-0. Bruce Henderson to handle.

Commissioner Smith requested the residents around the stash site be given a copy of the mitigation Measures.

Handout:

1. Neighborhood Impact Mitigation Measures

 

9:37 am/1240t1

R7H Commission Memorandum No. 857-00 (Page 426)

A Resolution Retroactively Approving the Administration's Submission of a $1 Million Grant Application to the State of Florida's Transportation Outreach Program-2001, Administered by the Florida Department of Transportation; the Application Being for Roadway Enhancements and Operational Improvements to the Sixteenth Street Corridor, which Connects A1A/Collins Avenue to SR 907/Alton Road; the Total Cost of the Project, which Is Listed in the Miami Beach Comprehensive Plan, is Estimated at $2 Million; Stating that the Required $1 Million Local Match would be Provided by a Combination of Developer Mitigation Funds, Road Impact Fee Funds, and General Obligation Bond Funds Dedicated to the Flamingo Area Neighborhood Improvements; and Appropriating the Grant Funds, if Awarded. (Transportation/Concurrency Management)

ACTION: Resolution No. 2000-24165 adopted. Discussion held.

Motion made by Commissioner Bower; seconded by Commissioner Liebman; Voice vote: 6-0; Absent: Commissioner Dermer. Joseph Johnson and Patricia Walker to handle.

Commissioner Liebman will place on the November 29 agenda an item addressing bus traffic on 16 Street.

 

2:25 pm/2280t3

R7I Commission Memorandum No. 858-00 (Page 430)

A Resolution Approving a Policy for the Issuance of Rent Waivers Requested by Users of the Miami Beach Convention Center. (Page)

(Requested by Mayor Neisen Kasdin)

(Continued from September 13, 2000)

(Hear in Conjunction with Item R9C)

ACTION: Resolution No. 2000-24166 adopted. Motion made by Commissioner Bower; seconded by Commissioner Garcia; Voice vote: 6-0. Absent: Commissioner Liebman. Mayra Diaz Buttacavoli and Doug Tober to handle.

Handout:

1. Report Miami Beach Convention Center - CCAB Reductions & Commission Rent Waivers Granted 1/1/98 - 11/01/00

 

3:32 pm/790t4

R7J Commission Memorandum No. 859-00 (Page 434)

A Resolution Authorizing the Administration to Exercise the Fourth and Final One-Year Option to Renew the Agreement with Central Parking System of Florida, Inc., for Providing Parking Meter Collection Services for the City of Miami Beach Parking System; Said Renewal Term Commencing on December 4, 2000, and Ending on December 3, 2001; Further Approving the Issuance of a Request for Proposals of 180 Days Prior to the Expiration of the Agreement.

(Parking Department)

ACTION: Resolution No. 2000-24167 adopted as amended.

Motion made by Vice-Mayor Cruz that we execute a one year extension, which must contain a 60 day cancellation clause, further approving the issuance of the RFP immediately; seconded by Commissioner Liebman ; Voice vote: 6-0; Absent: Commissioner Garcia. Saul Frances and Gus Lopez to handle.

Commissioner Bower expressed that when the RFP goes out that it contains language regarding performance and maintenance.

Mayor Kasdin stated that when sending out the bid documents to maximize the financial return or minimize cost to the City to pre qualifying companies that can do the work and then bidding it out on who is the lower cost to the City, this way not only is the company qualified but the lowest bidder as well.

City Clerk's note: Funding $230,000.

 

3:32 pm/t4

R7K Commission Memorandum No. 860-00 (Page 438)

A Resolution Strongly Opposing that Certain Project Proposed by the Florida Department of Transportation (FDOT) for Miami Beach, Involving the Creation of a Left-Turn Lane on Southbound Pine Tree Drive to Facilitate Eastbound Movement onto 41st Street; which Dedicated Turning Lane is not Warranted, and would Require the Removal of Eleven Stately Pine Trees; such Trees being of Historical Value to the City of Miami Beach; Requesting that FDOT Stop all Planning Efforts Regarding the Project; and Further Instructing the Administration to Expedite the Historic Designation Process for Pine Tree Drive.

(Transportation/Concurrency Management)

ACTION: Resolution No. 2000-24168 adopted. Motion made by Commissioner Bower; seconded by Commissioner Garcia; Voice vote: 6-0; Absent: Vice-Mayor Cruz. Joseph Johnson to handle.

ADDENDUM

9:26 am

Motion made by Commissioner Bower to add R7L and R9J as emergency items; seconded by Commission Liebman; voice vote: 5-0; Absent: Vice-Mayor Cruz and Commissioner Dermer.

9:48 am/1966t1

R7L Commission Memorandum No. (Addendum)

A Resolution of the Mayor and City Commission of Miami Beach, Florida, Authorizing a 50% Reduction in the Monthly Facility Parking Rate for Sixteen (16) Parking Spaces for the Florida Department of Children & Families to Be Located at a Municipal Parking Facility in Proximity to the Seymour Building Located at 945 Pennsylvania Avenue

ACTION: Resolution Number 2000-24169 adopted. Motion made by Commissioner Bower; seconded by Commissioner Garcia; Voice vote: 6:0. Absent: Commissioner Dermer. Saul Frances to handle.

 

R9 - New Business and Commission Requests

4:06pm/3040t4

R9A Commission Memorandum No. 861-00 (Page 446)

Board and Committee Appointments.

(City Clerk's Office)

ACTION: Appointments made:

Debarment Committee:

Todd A. Tautfest Term expires 12/31/2002 appointed by Mayor Kasdin

Marina Authority:

Barbara (Bunny) Patchen Term expires 12/31/2002 appointed by Commissioner Liebman

Dan Petrocchi Term expires 12/31/2002 appointed by Commissioner Smith

David Philips Term expires 12/31/2001 appointed by Commissioner Dermer

Community Relations Board:

Sharon Kersten Term expires 12/31/2002 appointed by Commissioner Smith

Personnel Board:

Motion made to appoint the following individuals; Voice Vote: 7-0

Maria E. Santamaria Term expires 12/31/2001 appointed by City Commission

Rosalie Pincus Term expires 12/31/2002 appointed by City Commission

Lawrence Schatz Term expires 12/31/2001 appointed by City Commission

Motion made to re-appoint the following individuals; Voice Vote: 7-0

John Bremer Term expires 12/31/2002 appointed by City Commission

Manny Diaz (H R) Term expires 12/31/2002 appointed by City Commission

Health Facilities Authority:

Motion made to appoint the following individual; Voice Vote: 7-0

Dr. Mark Sinnreich(Health Provider) Term expires 6/19/2003 appointed by City Commission

 

R9A1 Ratification of Miami Beach Housing Authority Tenant Commissioner Appointment. (Page 496)

(Requested by Mayor Neisen Kasdin)

ACTION: Not reached.

 

R9B(1) Dr. Stanley Sutnick Citizen's Forum. (1:30 p.m.) (Page 500)

ACTION:

1) Jo Asmundsson expressed her concern in regards to the speed limit on 41st Street, she mentioned driving on Julia Tuttle unto 41st Street and at no time does signage reflect driving less than 45 mph and was concerned she would be ticketed. City Manager stated that it is not a city-owned road but rather a State Road and the Mayor stated various complaints had already been received regarding the speed limit on 41st Street, and that it would be addressed. Michael Alvarez to handle.

2) Bea Kalstein voiced her concern on citizens having to wait to be heard, and that it needs to stop.

3) S. Jacobs stated that ACM Christina Cuervo had the Georgian on the agenda however the condo board did not have it ready she was referring to the information for the Loew's to give an estimate regarding a pilot study on windows. She expressed the residents concern on noise and asked if the item could be put back on the next agenda since the Loews nor the condo board representatives were present.

Handout:

1. Speakers list

 

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

ACTION: Not reached.

 

2:30 pm/2488t3

R9C Discussion Regarding First Night Convention Center Fee Waiver Request. (Page 502)

(Requested by Mayor Neisen Kasdin)

(Hear in Conjunction with Item R7I)

ACTION: Discussion held. Motion made by Commissioner Garcia to approve a fee waiver; seconded by Commissioner Liebman; Voice vote: 6:0. Absent: Vice Mayor Cruz.

$10,800 base rent for the Convention Center

$ 600 rent of Garden Center

$ Parking at the high school *City can not authorize.

Mayor Kasdin suggested that the parking fee waiver request to come back on the November 29 Commission Meeting. It is the decision of the Administration whether to bring back a fee waiver. Mayra Diaz Buttacavoli to handle.

 

4:20 pm/4060t4

R9D Discussion Regarding the City's Management Fellow Program. (Page 504)

(Requested by Commissioner Luis R. Garcia, Jr.)

(Deferred from October 18, 2000)

ACTION: Discussion held. Commissioner Garcia defined the City's Management Fellow Program and mentioned Joe Damian and Joseph Pinon were participants of this program. City Manager Jorge Gonzalez stated that he will draft a program which may or may not be similar to the one Commission Garcia is suggesting. He also stated that at this time it is not considered a top priority.

 

R9E Discussion Regarding Ordinance Limiting Sales of Beer and Wine Off-Premises Consumption. (Page 506)

(Requested by Vice-Mayor Simon Cruz)

ACTION: Not Reached.

 

4:32 pm/5135t4

R9F Discussion Regarding Adult Entertainment Establishments. (Page 508)

(Requested by Commissioner Jose Smith)

ACTION: Discussion held.

Motion made by Commissioner Smith to refer the issue to the Planning Board to look at the 1996 ordinance and to redraft the ordinance to prevent this type of establishment in the future; seconded by Commissioner Bower. Discussion continued.

Commissioner Dermer amended the motion to include in the motion the sentiment of City Commission to the Planning Board that this is improper use for this area of town. Commissioner Smith accepted the amendment; Voice vote: 6-1; Opposed: Commissioner Garcia. Jorge Gomez to handle.

Commissioner Jose Smith stated the operator of the establishment has complied with all the requirements of the Code and must comply with the conditions imposed by the Planning Board. This establishment allows female performers to entertain while people are dining. However, one of the restricted conditions imposed by the Planning Board is that the performers are not allowed to have the performers mingle or socialize with the customers.

City Attorney, Murray Dubbin stated that fraternization and socialization could be prohibited. However dancing is protected.

Commissioner Bower expressed her opposition stating this type of establishment is not an upscale activity. She questioned how could the Planning Board approve.

City Attorney, Murray Dubbin stated that appeals of Planning Board decision are to the circuit court.

Commissioner Garcia expressed his concern regarding the legality of prohibition and that it is not in the best interest of the city to over regulate.

Commissioner Dermer asked if it is possible for the city to intervene in this issue. Murray Dubbin stated that this would not be good policy because you are going against your own board.

Commissioner Dermer made an amended motion; seconded by Commissioner Smith stating the commission's sentiment that this is an inappropriate use for this kind of use to the Planning Board.

Handout:

1. Petitions submitted by Ms. G. Miller

2. Letter to "To Whom It May Concern" from Detective Michael D. Patrick, Denver Police Department, dated September 11, 2000. Letter on behalf of Mr. Robert C. Rifkin

 

12:44 am/1761t3:

R9G Committee of the Whole will Meet During Lunch Break in the City Manager's Large Conference Room Regarding City Commission Meetings. (Page 510)

ACTION: Committee of the Whole Meeting announced and held in the City Manager's Large Conference Room. Mayor and Commissioners will work to hear the time-certain as scheduled.

 

4:27 pm/4670t4

R9H Discussion Regarding Current Historic Preservation Design Guidelines on Single Family Homes. (Page 512)

(Requested by Commissioner Nancy Liebman)

ACTION: Discussion held. Motion made by Commissioner Liebman to refer to the Historic Preservation Board; seconded by Commissioner Bower; Voice vote: 5-0. Absent: Mayor Kasdin and Commissioner Garcia. Jorge Gomez to handle.

Commissioner Liebman requested the Administration to work with homeowners of a certain property affected by the current regulation.

 

4:24pm/4372t4

R9I Discussion Regarding a Resolution Vesting in the City Manager of the City of Miami Beach, Florida, or the City Manager's Designee, the Authority to Settle Code Compliance Liens, Subject to City Commission Approval, where said Liens are to be Reduced by $100,000 or More or a Credit of $100,000 or More is to be Given by the City. (Page 514)

(Requested by Commissioner Jose Smith)

ACTION: Discussion held. Resolution No. 2000-24170 adopted. Motion made by Commissioner Smith; seconded by Commissioner Bower; Voice vote: 5-0; Absent: Mayor Kasdin and Commissioner Garcia. Al Childress and Patricia Walker to handle.

 

ADDENDUM

9:26 am

Motion made by Commissioner Bower to add R7L and R9J as emergency items; seconded by Commission Liebman; voice vote: 5-0; Absent: Vice-Mayor Cruz and Commissioner Dermer.

9:52AM/2175T1/

R9J Commission Memorandum No. 867-00

Discussion Regarding Citrus Canker Eradication Program.

(City Attorney's Office)

ACTION: Murray Dubbin, City Attorney, expressed the legal problems regarding the standings of the city in filing for the injunction.

Commissioner Liebman stated that she is upset that the Department of Agriculture is spending money promoting the destruction of diseased citrus trees.

Motion made by Commissioner Smith for the City to enter into an agreement which establishes safeguards to protect the City and gives the City standing; seconded by Commissioner Bower; Voice vote: 6:0. Absent: Commissioner Dermer.

Commissioner Smith asked if the trees within 1900 feet from a diseased tree be challenged. Murray Dubbin, City Attorney stated that there is presently a test case in Broward County.

Legal Department to draft an agreement to be reviewed with the Department of Agriculture adding a 'distance"clause to the agreement. City Attorney's Office to handle.

3:17 pm/6550t3

Discussion regarding citrus canker was continued. Mr. Fagan a representative from Department of Agriculture spoke. He explained this disease moves rapidly and there is no method from keeping it from spreading. Copper is effective in preventing the disease however it is not good for the environment. He suggested implementing the same procedure as in other municipalities in South Miami and Pinecrest. He stated that per the study 95% of the pathogen is within the 1900 feet. pathogen can travel with wind blown rain up to 1900 feet.

Handout:

1. Letter to the Editor, The Citrus Canker Epidemic in Florida - The Scientific Basis of Regulatory/Eradication Policy for an Invasive Species - submitted by Mr. Fagan, a representative from Department of Agriculture.

 

R10 - City Attorney Reports

R10A Notice of Closed Executive Session. (Page 516)

Pursuant to Section 286.011, Florida Statutes, a Closed Executive Session will be Held During Lunch Recess of the City Commission Meeting on November 8, 2000, in the City Manager's Large Conference Room, Fourth Floor, City Hall to Discuss the Following Pending Litigation:

William Zubkoff and Carolee Devito, his Wife, vs. City of Miami Beach, a Municipal Corporation. Eleventh Judicial Circuit, Case No. 99-10538 CA 32.

Following Individuals will be in Attendance: Mayor Neisen Kasdin; Members of the Commission: Matti Herrera Bower, Simon Cruz, David Dermer, Luis R. Garcia, Jr., Nancy Liebman, and Jose Smith; City Attorney Murray H. Dubbin, City Manager Jorge M. Gonzalez, Deputy City Attorney Jean Olin, and First City Attorney Raul Aguila.

ACTION: Closed Executive Session announced and held.

 

R10B Notice of Closed Executive Session. (Page 518)

Pursuant to Section 286.011, Florida Statutes, a Closed Executive Session will be Held During Lunch Recess of the City Commission Meeting on November 8, 2000, in the City Manager's Large Conference Room, Fourth Floor, City Hall to Discuss the Following Pending Litigation:

Royal World Metropolitan Inc. vs. City of Miami Beach, Eleventh Judicial Circuit Court, Case No. 99-17243 CA 23.

Following Individuals will be in Attendance: Mayor Neisen Kasdin; Members of the Commission: Matti Herrera Bower, Simon Cruz, David Dermer, Luis R. Garcia Jr., Nancy Liebman, and Jose Smith; City Attorney Murray H. Dubbin, City Manager Jorge Gonzalez, Deputy City Attorney Robert Dixon First Assistant City Attorney Debora Turner Special Counsel Stephen N. Zack, Esq., and Jennifer Altman, Esq.

ACTION: Closed Executive Session announced and held.

Reports and Informational Items

A Commission Memorandum No. 862-00 (Page 520)

Parking Status Report.

(Parking Department)

ACTION: Written report submitted.

 

B Commission Memorandum No. 863-00 (Page 544)

Status Report on Rules and Regulations for Beachfront Concessions with the State of Florida.

(City Manager's Office)

ACTION: Written report submitted.

 

End of Regular Agenda

 

Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

November 8, 2000 - 10:00 a.m.

Chairman of the Board Neisen O. Kasdin

Member of the Board Matti Herrera Bower

Member of the Board Simon Cruz

Member of the Board David Dermer

Member of the Board Luis R. Garcia, Jr.

Member of the Board Nancy Liebman

Member of the Board Jose Smith

Executive Director Jorge M. Gonzalez

Assistant Director Christina M. Cuervo

Assistant Director Mayra Diaz Buttacavoli

General Counsel Murray H. Dubbin

Secretary Robert E. Parcher

AGENDA

1. ROLL CALL

2. OLD BUSINESS

A Redevelopment Agency Memorandum No. 00-69 (Page 1)

Report of the Itemized Revenues and Expenditures of the Miami Beach Redevelopment Agency for Months Ended September 30, 2000.

(Submitted Under Separate Cover)

ACTION: Written report submitted.

 

B Redevelopment Agency Memorandum No. 00-70 (Page 3)

Georgian Condominium Status Report.

(Continued from October 18, 2000)

ACTION: Written report submitted.

 

3. NEW BUSINESS

10:03 am/3011t1

A Redevelopment Agency Memorandum No. 00-71 (Page 11)

A Resolution of the Chairman and Members of the Miami Beach Redevelopment Agency, Appropriating $321,703.65 from Revenue Derived from the Operation of the Anchor Shops and Parking Garage, in Order to Pay the 2000 Ad Valorem Property Taxes on the Anchor Shops and Parking Garage.

ACTION: Discussion held. Resolution No. 370-2000 adopted. Motion made by Commissioner Bower; seconded by Commissioner Cruz; Voice vote: 6-0; Absent: Commissioner Dermer. Christina Cuervo to handle.

 

10:05 am/3133t1

B Redevelopment Agency Memorandum No. 00-72 (Page 17)

A Resolution of the Chairman and Members of the Miami Beach Redevelopment Agency, Accepting the Recommendations of the Executive Director and the Evaluation Committee Pertaining to the Ranking of the Sole Proposal Received in Response to Request for Proposal (RFP) No. 124-99/00, for the Leasing and Management of the Retail Component of the Anchor Shops and Parking Garage and Authorizing the Administration to Enter into Negotiations with the Sole Proposer, the Miami Beach Community Development Corporation (MBCDC), in Association with the Felenstein Koniver Stern Realty Group.

ACTION: Discussion held. Resolution No. 371-2000 adopted. Motion made by Commissioner Bower; seconded by Commissioner Garcia; Voice vote: 6-1; Opposed: Commissioner Smith. Christina Cuervo to handle.

 

End of Agenda

Adjourned: 9:52 pm