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

December 1, 1999

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

AFTER ACTION

PA1 New Item: Cert. of Appr/J. Gavarrete,S. Reed&L. Wein:Greenway Proj.(Dermer)

C2A BA 24-99/00, 17th St. Parking Garage Landscaping Project, $122,374. 1

C2B BA 26-99/00, Purchase of Plastic Revenue Bags, $19,303.50. 3

C4A Ref: Planning Bd/Amend Land Use Dev. Regs re: Store Enclosures.(Liebman) 5

C4B Ref: Planning Bd/Amend Bed & Breakfast Rules & Regs.(Liebman) 7

C4C S-Ref: Joint Neigh. & Trans&Pkg Comms/63 St. Flyover/Indian Ck Dr.(Bower) 9

C4D Ref: Land Use/Ord. Allow Planning Director to Accept Covenants. 11

C4E Ref: Planning Bd&Zoning Bd of Adj/Allow Adm. to Grant Variances.(Kasdin) 15

C4F Ref: Finance&Citywide Proj Comm/Issue Bonds for Hebrew Home for Aged. A

C7A Approve Dates for the 2000 City Commission & RDA Mtgs. 17

C7B Contract w/Salvation Army to Provide Emer. Shelter to Homeless. 25

C7C Waive Rental Fees at Conv. Ctr. for Archdiocese Millennium Event. 31

C7D Approve Grant to MB Chamber of Commerce for Visitors Info. Ctr. 33

C7E 2nd Amendment to Police Confiscation Trust Fund, FY 99/00, $52,500. 37

C7F Accept $120,000 from US Dept. of Justice for Narcotics Enforcement. 41

C7G Supplemental Joint Participation Agmt #3 w/FDOT for Electrowave Budget. 43

REGULAR AGENDA

R2A BA 9-99/00, Mtg Rm Chairs/Furnishings, Conv. Ctr/TOPA, $1,048,389.96. 51

R5A 1st Rdg, Gen. Emp. Pension, Sec. 5.06, Change Age of Dependent Child. 57

R5B 1st Rdg, Gen. Emp. Pension, Amend Section 2.08 "Earnings". 65

R5C 10:30 a.m. 2nd Rdg/Open & Continue, Vehicle Impoundment. 73

R5D 1st Rdg, Amend Ch. 2, Create Office of Elder Affairs.(Cruz) 81

R6A Report: Community Affairs Committee Mtg of 11/15/99. 87

R6B Report: Land Use & Development Committee Mtg of 11/15/99. 91

R7A W-Rescind Res. 99-23372, Pelican Dev., LLC, 10th St. & Collins Site. 93

R7B 2:00 p.m., Vacate 44th St. bet. Collins & Ind. Ck Dr., Hotelerama. 5/7 97

R7C Extend Current Towing Permits: Beach Towing Srvs & Tremont Towing Srvs. 147

R7D 10:00 a.m. Joint, Pkg Facility Mgmt & Oper. Agmt: Miami Beach Marina. 189

R7E Issue RFP: Prepare Market Analysis & Econ. Dev. Plan for N. Beach. 223

R7F Accept Quitclaim Deed from 37th St. Realty Corp. (Smith) 257

R7G Opposition to 2% Bed Tax Increase for Baseball Park. (Cruz & Liebman) 261

R7H CMB Support for an Independent Airport Authority. (Cruz) 265

R7I Call Spec. Election: Mayor & Comm. Power to Appoint Own Staff.(Cruz) 267

R9A 4:15 p.m., Board and Committee Appointments. 275

R9A1 4:15 p.m., Community Recommendations for G.O. Bond Oversight Committee.

R9B1 1:30 p.m., Dr. Stanley Sutnick Citizens' Forum. 329

R9B2 5:30 p.m., Dr. Stanley Sutnick Citizens' Forum. 329

R9C 9:30 a.m., Update on Regal Cinema. (Liebman) 331

R9D 2:30 p.m., Disc: Ted del Valle re: Miami's Hist. Neigh. (Liebman) 337

R9E 10:35 a.m., Disc: City Manager Hiring Process. (Kasdin) 341

R9F 3:45 p.m., Disc: Code Enforcement Task Force. (Smith) 343

R9G 3:30 p.m., Disc: Req. Waiver of Fees: First Night Miami Beach. (Kasdin) A

REPORTS AND INFORMATIONAL ITEMS

A City Attorney's Status Report. 347

B 3:00 p.m., Status Report on City Planning for Millennium Weekend. 357

C 4:00 p.m., Update on FPL Frequent Power Outages. 443

D Parking Status Report. 447

REDEVELOPMENT AGENCY ITEMS - 10:00 A.M.

2A Status Report: Loews, Anchor Shops, RDP Royal Palm Crowne Plaza. 1

3A Joint, Pkg Facility Mgmt & Oper. Agmt: Miami Beach Marina. 9

Call to Order - 9:33 a.m.

Inspirational Message and Pledge of Allegiance

Requests for Additions, Withdrawals, and Deferrals

 

PRESENTATIONS AND AWARDS

ADD-ON

PA1 Commissioner Dermer presented Certificates of Appreciation to Janet Gavarrete, Stuart Reed and Leonard Wein for their tireless efforts in moving the Greenway Project forward.

ACTION: Certificates presented.

 

CONSENT AGENDA

Consent Agenda approved. Motion made by Commissioner Liebman; seconded by Commissioner Bower; Voice Vote: 7-0.

 

C2 - Competitive Bid Reports

C2A Commission Memorandum No. 866-99

Request for Approval to Award a Contract to Jaffer Associates, Ltd. in the Amount of $122,374, Pursuant to Bid No. 24-99/00 for the 17th Street Parking Garage Landscaping Project. Funding: Parking Capital Account.

Administration Recommendation: Approve the award.

(Construction Management)

ACTION: Award authorized. Matthew Schwartz to handle.

 

C2B Commission Memorandum No. 867-99

Request for Approval to Award a Purchase Order to Audit Security Bags, Inc., in the Estimated Annual Amount of $19,303.50, Pursuant to Bid No. 26-99/00 for the Purchase of Plastic Revenue Bags. Funding: Parking Department Account.

Administration Recommendation: Approve the award.

(Parking Department)

ACTION: Award authorized. Michael Rath to issue a Purchase Order. Jackie Gonzalez to handle.

 

C4 - Commission Committee Assignments

C4A Referral to the Planning Board - Amendment to the Land Use Development Regulations of the City Code regarding Store Enclosures.

Recommendation: Refer the matter.

(Requested by Commissioner Nancy Liebman)

ACTION: Referred. Jorge Gomez to place on Planning Board agenda.

 

C4B Referral to the Planning Board - Amend the Bed and Breakfast Rules and Regulations to Allow Operators to Sell Lunch and Dinner at an Additional Cost, to Guests Only.

Recommendation: Refer the matter.

(Requested by Commissioner Nancy Liebman)

ACTION: Referred. Jorge Gomez to place on Planning Board agenda.

 

C4C Referral to the Neighborhoods Committee and the Transportation and Parking Committee - Proposal for the 63rd Street Flyover/Indian Creek Drive Intersection.

Recommendation: Refer the matter.

(Requested by Commissioner Matti Bower)

ACTION: Vice-Mayor Smith stated that no consensus has been reached about what to do with the 63rd St Flyover. Different proposals were looked at and the following recommendations were previously made to FDOT in order to alleviate the traffic gridlock: changing the light cycles; installing poles to prevent people from changing lanes; possibility of perhaps creating another lane and all of these recommendations were discussed with FDOT. To date, FDOT has done nothing.

Referred. Ronnie Singer and Jackie Gonzalez to coordinate a joint committee meeting. Vice-Mayor Smith requested that FDOT appear before the joint committee. The joint committee needs to require FDOT to pursue those recommendations that the Commission felt would alleviate a lot of the congestion in that area. (June 9, 1999 Afteraction: Commissioner Liebman requested that FDOT do the "simple things": installing the tubular delineators; timing of the traffic lights; paint the bridge; and the square lights on the bridge that have never worked properly. Administration to revisit this issue in 6 months. FDOT directed to analyze adding another lane and expanding the bridge if necessary.)

Commissioner Garcia would like to see more participation and information from FDOT.

Commissioner Liebman requested FDOT to report to the Commission their recommendations for traffic calming along Alton Road.

 

C4D City Attorney Commission Memorandum No. 868-99

Referral to the Land Use and Development Committee - An Ordinance Authorizing the Planning Director to Accept Covenants in Lieu of Unity of Title; to Adopt County Ordinance 33-257 of the Miami-Dade County Code.

Recommendation: Refer the matter.

(City Attorney's Office)

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

 

C4E Referral to the Planning Board and Zoning Board of Adjustment - Consider Providing the Administration with a Process for Granting Certain Types of Variances Where Specific Thresholds Have Been Established.

Recommendation: Refer the matter.

(Requested by Mayor Neisen Kasdin)

ACTION: Referred. Jorge Gomez to place on Planning Board and Zoning Board of Adjustment agenda.

 

C4F Commission Memorandum No. 894-99 (Addendum Agenda)

Referral to the Finance and Citywide Projects Committee - A request that the City of Miami Beach Issue Bonds on Behalf of the Hebrew Home for the Aged to be used for Improvements to their facilities in Miami Beach and to build a new facility in Sunny Isles Beach.

Administration Recommendation: Refer the matter.

(Finance Department)

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

 

C7 - Resolutions

C7A Commission Memorandum No. 869-99

A Resolution Approving the Dates for the 2000 City Commission and Redevelopment Agency Meetings.

Administration Recommendation: Adopt the Resolution.

(City Clerk's Office)

ACTION: Resolution No. 99-23399 adopted. R. Parcher to handle.

 

C7B Commission Memorandum No. 870-99

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute a Contract with the Salvation Army for $61,594 to Provide Emergency Shelter to the City of Miami Beach's Homeless Population With Funding from Both the City of Miami Beach and the Housing Authority of the City of Miami Beach, Contingent Upon the Approval of an Interlocal Agreement with the Housing Authority of the City of Miami Beach and Authorizing the Appropriation of City of Miami Beach Funds in the Amount of $30,594 for this Purpose.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 99-23400 adopted.

Commissioner Bower understood that the Salvation Army only provides shelter to women with aids and women with families. She was concerned about single and elderly women. Commissioner Bower requested a clarification on who will be accepted to this shelter. Christina Cuervo to handle.

Christina Cuervo notified Commissioner Bower that single and elderly women are included.

 

C7C Commission Memorandum No. 871-99

A Resolution Approving the Archdiocese of Miami's Request for Up to a Complete Waiver of Rental Charges in an Amount Not to Exceed $49,950 for the Archdiocese Millennium Event on March 31- April 2, 2000, at the Miami Beach Convention Center. (Resolution to be Submitted)

Administration Recommendation: Adopt the Resolution.

(Convention Center)

ACTION: Resolution No. 99-23401 adopted. Mayra Diaz Buttacavoli to handle.

 

C7D Commission Memorandum No. 872-99

A Resolution Approving a Grant to the Miami Beach Chamber of Commerce for the Construction of a Visitors Information Center.

Administration Recommendation: Adopt the Resolution.

(Finance Department)

ACTION: Commissioner Dermer stated that the contract with the Greater Miami Convention and Visitor Bureau (GMCVB) should be re-negotiated to replace the $30,000 per year contribution to $50,000 per year. No action taken.

Commissioner Cruz stated that, if the City Commission does not agree to the last two year renewal option with the GMCVB, that the $30,000 per year for four years, FY02-03, FY 03-04, FY 04-05 and FY05-06, be paid first from Resort Tax money and, if there is no resort tax money, then from any legally available non-ad valorem funds.

The following amended language read into the record by the City Manager:

Resolution revised: new language added at end of "Now, Therefore," paragraph:....provided that, as a condition precedent to the obligation of the City to provide such covenant to budget and appropriate, MBCC shall deliver to the City a written commitment that the space will be used as a Miami Beach Visitors Information Center, and that any change in use shall be subject to the approval of the City.

Motion made by Commissioner Cruz to defer the item to the December 15th Commission meeting and to incorporate the City Manager's amended language and the use of resort tax money into the resolution; seconded by Commissioner Dermer; (Commissioner Dermer requested the item be referred to the Finance Committee. Commissioner Cruz did not accept the amendment); Voice Vote on the deferral 7-0. Patricia Walker to handle. Judy Hoanshelt to place on agenda.

 

C7E Commission Memorandum No. 873-99

A Resolution Adopting the Second Amendment to the Police Confiscation Trust Fund for Fiscal Year 1999/00, in the Amount of $52,500, to be Funded from the Proceeds of State Confiscated Funds.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 99-23403 adopted as amended. Commissioners Liebman and Bower expressed concern with the Heliport. Motion made by Commissioner Bower to approve $42,500 and to refer the issue of the Heliport ($10,000) to the Neighborhoods Committee; seconded by Commissioner Dermer; Voice Vote: 7-0. Chief Barreto to handle. Ronnie Singer to place on the Committee agenda.

 

C7F Commission Memorandum No. 874-99

A Resolution Authorizing the Acceptance of $120,000, in Increments of $10,000 per Month, for the Period of April 1, 1999 to March 31, 2000, from the United States Department of Justice, Drug Enforcement Administration, to be Used to Reimburse the Miami Beach Police Department for Police Overtime for Narcotics Enforcement Activities.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 99-23404 adopted. Chief Barreto and Patricia Walker to handle.

 

C7G Commission Memorandum No. 875-99

A Resolution Authorizing the Mayor and City Clerk to Execute Supplemental Joint Participation Agreement #3 With the Florida Department of Transportation (FDOT), for the $30,000 that FDOT is Adding to its Previous $1.6 Million Three-Year Contribution Toward the Electrowave Budget; This $30,000 Being Specifically Allocated for the Provision of Coach USA Shuttle Services During the Millennium Celebrations in Miami Beach. (Resolution to be Submitted)

Administration Recommendation: Adopt the Resolution.

(Transportation and Concurrency Management)

ACTION: Resolution No. 99-23405 adopted. Matthew Schwartz to handle.

 

End of Consent Agenda

REGULAR AGENDA

R2 - Competitive Bid Reports

R2A Commission Memorandum No. 834-99

Request for Approval to Award Purchase Orders to Multiple Vendors in the Total Amount of $1,048,389.96, Pursuant to Bid No. 9-99/00 for the Purchase of Meeting Room Chairs and Interior Furnishings for the Miami Beach Convention Center and Jackie Gleason Theater of Performing Arts. Funding: Convention Center Capital Accounts.

Administration Recommendation: Approve the award.

(Convention Center)

(Deferred from 11/17/99)

ACTION: Award approved. Motion made by Commissioner Bower; seconded by Commissioner Garcia; voice vote: 6-0; absent: Commissioner Liebman. Michael Rath to issue the Purchase Orders. Mayra Diaz Buttacavoli to handle.

 

R5 - Ordinances

R5A Commission Memorandum No. 876-99

An Ordinance Amending Ordinance No. 1901 Which Created the Retirement System for General Employees, Amending Section 5.06 Entitled "Death Benefits after Retirement" to Change the Age of a Dependent Child of AFSCME Union Members for Beneficiary Benefits from Age 22 to Age 25 in the Case of a Child Who is a Full-Time Student in High School or College; Providing for a Repealer, Severability and an Effective Date. First Reading

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

(Labor Relations)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Garcia; seconded by Vice-Mayor Smith; ballot vote: 6-0; absent: Commissioner Liebman. Second reading and public hearing scheduled for December 15th at 2:15 p.m. R. Parcher to publish notice. Judy Hoanshelt to place on the Commission agenda.

 

R5B Commission Memorandum No. 877-99

An Ordinance Amending Ordinance No. 1901 Which Created the Retirement System for General Employees by Amending Section 2.08, Entitled "Earnings" to Comply with the Agreements that Were Effective October 1, 1989, between the City and Union Classifications of the City; Providing for a Repealer, Severability, Retroactivity and an Effective Date. First Reading

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

(Labor Relations)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Bower; seconded by Commissioner Garcia; ballot vote: 7-0. Second reading and public hearing scheduled for December 15th at 2:20 p.m. R. Parcher to publish notice. Judy Hoanshelt to place on the Commission agenda.

 

R5C Commission Memorandum No. 878-99

An Ordinance Creating Miami Beach City Code Article IX, Entitled "Vehicle Impoundment" of Miami Beach City Code Chapter 106, Entitled "Traffic and Vehicles"; Setting Forth Circumstances Under Which Vehicles May be Impounded; Providing for an Administrative Civil Penalty for the Use of Vehicles Under Certain Circumstances; Providing a Procedure for Review of the Impoundment Decision; Providing for the Disposition of Unclaimed Vehicles; Providing for Severability, Codification, and an Effective Date. 10:30 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Open and continue to December 15, 1999.

(Police Department)

ACTION: Public hearing opened and continued to December 15th at 10:45 a.m. Motion made by Commissioner Liebman; seconded by Commissioner Bower; voice vote: 7-0. Judy Hoanshelt to place on the Commission agenda.

 

R5D Commission Memorandum No. 879-99

An Ordinance Amending Chapter 2 of the Miami Beach City Code Entitled "Administration", by Amending Article IV Entitled "Officers and Employees", by Amending Section 2-191 Entitled "Enumeration of Organizational Units" by Creating the Office of Elder Affairs; Providing for Codification in the City Code; Repealer; Severability, and an Effective Date. First Reading

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

(Requested by Commissioner Simon Cruz)

(Deferred from 11/17/99)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Cruz; seconded by Commissioner Dermer; ballot vote: 7-0. Second reading and public hearing scheduled for December 15th at 2:25 p.m. R. Parcher to publish notice. Judy Hoanshelt to place on the Commission agenda.

 

R6 - Commission Committee Reports

 

R6A Commission Memorandum No. 880-99

Report on the Community Affairs Committee Meeting of November 15, 1999 regarding: 1) Consideration of Placing a Plaque at the Miami Beach Garden Center in Memory of Arthur Lauffenburger; and, 2) RFP for Professional Services to Prepare a Market Analysis and Economic Development Plan for the North Beach Area.

(Deferred from 11/17/99)

ACTION: Vice-Mayor Smith presented the report: 1) the Committee approved the placement of a plaque; and 2) Issuance of the RFP was approved by the Committee with the cost to be capped at $30,000. The RFP is to include the entire North Beach area including the west end of Normandy Isles. Funding source shall be from salary savings in the Planning Department.

Report accepted. Motion made by Commissioner Liebman; seconded by Commissioner Bower; voice vote: 7-0. Kevin Smith and Jorge Gomez to handle.

 

R6B Commission Memorandum No. 881-99

Report on the Land Use and Development Committee Meeting of November 15, 1999 regarding: 1) Discussion on Development Opportunity at 17th Street and Meridian Avenue; and 2) Discussion on an Ordinance Authorizing Artistic Performances in Public Areas Subject to Certain Conditions and the Payment of a Permit Fee; Providing Definitions and Setting Forth Terms and Conditions for Permits to Be Issued to Street Performers; Containing a Repealer Provision, a Severability Clause; and Providing for an Effective Date.

(Deferred from 11/17/99)

ACTION: Report presented by Commissioner Liebman. Motion made by Commissioner Bower to accept the report; seconded by Commissioner Liebman; voice vote: 7-0. Ronnie Singer to handle.

 

R7 - Resolutions

R7A Commission Memorandum No. 882-99

A Resolution Rescinding Resolution No. 99-23372 that Approved the Development Agreement and the Lease Agreement, between the City of Miami Beach and Pelican Development, L.L.C., for Development of the Site Located at 10th Street and Collins Avenue, and Further Directing the City to Proceed with the Development of the Garage.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Withdrawn. Judy Hoanshelt to place on December 15 agenda.

Handout:

1) Letter from Wayne C. Ducote, Pelican Development, to Lawrence A. Levy, dated November 30, 1999, RE: 10th Street Parking Garage.

 

R7B Commission Memorandum No. 883-99

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

Administration Recommendation: Adopt the Resolution.

(Construction Management)

(Continued from 10/6/99)

ACTION: Public hearing held.

Vice-Mayor Smith raised the following concern: the noticing requirement and the question of the apparent disparity between the size of the two parcels . First Assistant City Attorney Raul Aguila stated that the applicable ordinance requires a minimum of 15 day advance notice of the public hearing on the proposed lease or sale of City property and does not require the City to print or advertise a specific development agreement. The advertising requirements were met.

Assistant City Manager Matthew Schwartz stated that the appraisal difference between the two parcels is 8,537 square feet and the main contention was that the City to get an equal amount of benefit for the public in the public right-of-way not necessarily on 44th Street but adjacent to it. The Fontainebleau was requested to include the landscaped easement on the east side of the street adjacent to the property. The difference between the property and the appraised value does give a value of $50 a square foot on the property that is in the existing right-of-way vs. the new 44th Street which is valued at $80 a square foot.

Commissioner Bower asked if the land on the west side of the street (across from the Fontainebleau) could be donated to the City to be used as part of the Greenway Project. She also requested that preference be given to Miami Beach residents when filling job openings. The Fontainebleau verbally agreed to both, however, the Fontainebleau would retain its rights to the docks. The agreement needs to be memorialized on paper. Janet Gavarrete and the Legal Department to handle. Judy Hoanshelt to schedule for a future Commission meeting.

Commissioner Liebman made a motion to approve the vacation request and requested the Fontainebleau and William Cary work together to ensure that when the City asks to have this property designated as historic, that the restoration is done appropriately. No vote taken.

Motion made by Commissioner Liebman to waive, by a 5/7ths vote, the competitive bidding process; seconded by Commissioner Bower; voice vote: 6-1; opposed: Commissioner Dermer.

Motion made by Commissioner Liebman to approve the request with the substituted vacation agreement (Recitals: 5. Vacation Notice and Quit Claim Deed. The City shall properly execute: (a) a notice of vacation of Parcel B in a form to be recorded in the Public Records of Miami-Dade County, Florida, along with (b) a quit claim deed evidencing the vacation of Parcel B in the form of Exhibit "F" attached hereto; and 8 releases of the items noted on Exhibit "G" attached hereto from their effects on Parcel C (as well as any subsequently filed similar instruments), and shall deliver the notice, and the quit claim deed, and the releases to the escrow agent .........); seconded by Vice-Mayor Smith; voice vote: 6-1; opposed: Commissioner Dermer. Legal Department to prepare the paper work to be recorded. R. Parcher to handle.

Resolution No. 99-23402 adopted approving the amended vacation easement.

HANDOUTS:

1. Amended Vacation Agreement

2. Letter from Morris Lapidus to the Mayor and City Commission, dated December 1, 1999 - read into the record by Ms. Deborah Desilets.

3. Letter from Jo Asmundsson to the Mayor and City Commission, dated November 16, 1999, RE: relocation of 44th Street. Read into the record by David Balogh.

4. Map Fontainebleau Hilton drawn by David Plummer & Associates.

5. Letters from Saul Gross, Stuart Blumberg, William Talbert, III, Joy Malakoff, and David S. Plummer.

6. Resolution Approved by the Miami Beach Chamber of Commerce.

7. South Florida Business Journal article: "Fontainebleau ready to submit expansion plan as Diplomat threatens status".

 

R7C Commission Memorandum No. 884-99

A Resolution Approving the Second One-Year Option to Extend the Current Towing Permits Issued to Beach Towing Services, Inc. and Tremont Towing Services, Inc.; Said Extension Commencing on December 1, 1999, and Expiring on November 30, 2000; Further Approving the Tenth Amendment to the Administrative Rules and Regulations for Police Towing Permits; Said Amendment Providing for Maximum Allowable Rates.

Administration Recommendation: Adopt the Resolution.

(Parking Department)

(Deferred from 11/17/99)

ACTION: Resolution No. 99-23406 adopted. Motion made by Commissioner Bower; seconded by Commissioner Cruz; voice vote: 7-0. Jackie Gonzalez to handle.

 

R7D Commission Memorandum No. 885-99

A Resolution Approving the Parking Facility Management and Operation Agreement for the Miami Beach Marina by and between Miami Beach Marina Associates, Ltd., the City of Miami Beach and the Miami Beach Redevelopment Agency. Joint City Commission and Redevelopment Agency

Administration Recommendation: Adopt the Resolution.

(Parking Department)

ACTION: See RDA item 3A. Resolution No. 99-23407 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Bower; voice vote: 7-0. Christina Cuervo to handle.

 

R7E Commission Memorandum No. 886-99

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

Administration Recommendation: Adopt the Resolution.

(Planning Department)

ACTION: Resolution No. 99-23408 adopted. Motion made by Vice-Mayor Smith; seconded by Commissioner Bower; voice vote: 7-0. Janet Gavarrete to handle.

 

R7F City Attorney Commission Memorandum No. 857-99

A Resolution Gratefully Accepting a Quitclaim Deed from 37th Street Realty Corporation, Inc. for Property Legally Described as Outlots 20, 21, 22 and 23 of Block 28, Ocean Front Property of the Miami Beach Improvement Subdivision, Plat Book 5, Pages 7 and 8 of the Public Records of Miami-Dade County, Florida; Expressing Appreciation to 37th Street Realty, Corporation, Inc., Isaac Meisels, Its President, and to Architect and Developer Isaac Sklar for Their Generosity and Efforts Which Resulted in the Deeding of Said Property to the City; and Directing the City Manager of the City of Miami Beach to File Said Quitclaim Deed in the Public Records of Miami-Dade County, Florida.

Recommendation: Adopt the Resolution.

(Requested by Vice-Mayor Jose Smith)

(Deferred from 11/17/99)

ACTION: Resolution No. 99-23409 adopted. Motion made by Commissioner Garcia; seconded by Commissioner Bower; voice vote: 7-0.

Vice-Mayor Smith expressed concern regarding a possible conflict. Mr. Sklar is one of his clients. City Attorney Murray Dubbin opined that no conflict exists.

Commissioner Liebman questioned if there was a process in place that would encourage other property owners in the area to also donate property.

Commissioner Dermer stated that Mr. Sklar needs to be thanked for his generous donation. Vice-Mayor Smith will present Mr. Sklar with a Certificate of Appreciation.

Quit Claim Deed to be filed in the public records of Miami-Dade County. City Attorney's office to provide paperwork. R. Parcher to handle.

R7G Memorandum from Commissioner Simon Cruz and Commissioner Nancy Liebman

A Resolution Opposing an Initiative to Increase Resort Taxes for the Purpose of Either Building or Operating a New Baseball Stadium in Miami-Dade County, Florida.

(Requested by Commissioner Simon Cruz and Commissioner Nancy Liebman)

(Deferred from 11/17/99)

ACTION: Resolution No. 99-23410 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Bower; voice vote: 7-0. R. Parcher to forward a copy of the resolution to Mr. Stuart Blumberg.

A resolution opposing the additional 2% tax increase as proposed by the Village of Bal Harbour to be placed on the December 15th Commission agenda. Patricia Walker to coordinate with Stuart Blumberg. Judy Hoanshelt to place on the Commission agenda.

City Clerk's Note: A cover letter and a copy of Resolution 99-23410 was faxed to Ms. Alegria, Miami-Dade County Legislative Delegation with copies to Mayor Kasdin and the Members of the Miami Beach City Commission, Mr. Sergio Rodriguez, Mr. Stuart Blumburg, and Mr. William Talbert. The cover letter is filed with the resolution.

 

R7H Memorandum from Commissioner Simon Cruz

A Resolution Supporting the Creation of an Independent Airport Authority to Manage Miami International Airport.

Recommendation: Adopt the Resolution.

(Requested by Commissioner Simon Cruz)

(Deferred from 11/17/99)

ACTION: Resolution No. 99-23411 adopted. Motion made by Commissioner Bower; seconded by Commissioner Garcia; voice vote: 6-0; absent: Commissioner Liebman. Resolution to be transmitted to Miami-Dade County Mayor Penelas and members of the County Commission with copies to Miami-Dade County Manager Merritt Stierheim and Sister Jeanne O'Laughlin, President of Barry University.

 

R7I City Attorney Commission Memorandum No. 887-99

A Resolution Calling for a Special Election to be Held on March 14, 2000 for the Purpose of Submitting to the Electorate of the City of Miami Beach an Amendment to Section 2.06 of the Miami Beach City Charter Providing for the Mayor and Each City Commissioner to Have Power to Appoint Their Respective Staffs.

Recommendation: Adopt the Resolution.

(Requested by Commissioner Simon Cruz)

(Deferred from 11/17/99)

ACTION: Commissioner Cruz requested that the item be deferred.

Vice-Mayor Smith stated that the item involves City Charter amendments and some other legal issues which need to be researched and discussed with the Legal Department before it is discussed by the Commission. There may be a way to accomplish this without a Charter amendment.

Item to be brought back after Vice-Mayor Smith has completed his research. Judy Hoanshelt to place on the Commission agenda.

 

R9 - New Business and Commission Requests

R9A Commission Memorandum No. 888-99

Board and Committee Appointments for the Meeting of December 1, 1999.

(City Clerk's Office)

ACTION: The following appointments were made:

Homeless Committee

Noah Franklin term expires 12/31/2000 appointed by Commissioner Garcia

Parks and Recreational Facilities Board

Al Pisano term expires 12/31/2001 appointed by Commissioner Liebman

Hispanic Affairs Committee

Luis Govantes term expires 12/31/2001 appointed by Commissioner Garcia

Hugo A. Rodriguez term expires 12/31/2001 appointed by Commissioner Bower

Tony Purrinos term expires 12/31/2000 appointed by Commissioner Cruz

 

R9A1 Community Recommendations for G. O. Bond Oversight Committee.

ACTION: Discussion held. Commissioner Bower expressed concern that the structure for the committee and the subcommittees is unclear and the length of the terms is not defined. Commissioner Bower made a motion to defer and requested a written structure be presented at the December 15th Commission meeting. No second offered.

Commissioner Liebman requested that at the December 15th meeting to bring back the structure of how the task forces are going to work. The task forces will consist of a lot more people than the 6 people on the board. Janet Gavarrete to handle.

Motion made by Commissioner Bower designating the chair or designee of the City Boards (Budget Advisory Committee, Planning Board, and Transportation and Parking Committee and the non-voting member from the Community Development Advisory Committee and the Historic Preservation Board) to serve on the committee; second by Commissioner Cruz; voice vote: 7-0. Janet Gavarrete to handle.

Motion made by Commissioner Cruz; seconded by Vice-Mayor Smith to nominate Commissioner Dermer as the member of the City Commission and Chair of the G.O. Bond Oversight Committee.

Mayor Kasdin nominated Commissioner Liebman.

Voting Ballots: Commissioner Dermer 4 votes, Commissioner Liebman 3 votes. Commissioner Dermer is the member of the City Commission and Chair of the G.O. Bond Oversight Committee.

Motion made by Commissioner Cruz to make the Community Development Advisory Committee and the Historic Preservation Board appointees voting members. City Manager Sergio Rodriguez explained the reason for the current makeup of the board. Commissioner Cruz was satisfied with the explanation and withdrew his motion.

The following appointments were made: (note: Commission agreed that the person receiving the highest number of votes would receive the 2 year term)

North Beach Jerry Libbin 2 year appointment term expires 12/31/2001

North Beach Margueritte Ramos-Herrera 1 year appointment term expires 12/31/2000

Middle Beach Amy Rabin 2 year appointment term expires 12/31/2001

Middle Beach John Mallah 1 year appointment term expires 12/31/2000

South Beach Frank Del Vecchio 2 year appointment term expires 12/31/2001

South Beach Victor Varela 1 year appointment term expires 12/31/2000

Budget Advisory Larry Herrupt

Transportation & Parking Neil Fritz

Planning Board No appointment at this time.

Chamber of Commerce No appointment at this time.

First committee meeting scheduled for Monday, December 6 at 6:00 p.m. in the Commission Chambers. Janet Gavarrete to handle.

HANDOUTS:

1. Commission Memorandum 895-99 dated December 1, 1999 RE: Community Recommendations for the G.O. Bond Oversight Committee

2. Letter from Peter Luria to Mayor and City Commission, dated November 29, 1999, RE: G.O. Bond Oversight Committee appointment.

3. Letter from Ruth E. Pasarell to Mayor and City Commission, dated November 29, 1999, RE: G.O. Bond Oversight Committee appointment.

4. Speakers List

5. Voting Ballots for North, Middle, and South Beach nominees.

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

ACTION: The following citizens were heard: 1) Mario Beguiristain, president of the 564 Ocean Drive Condominium, informed the Commission of the remodeling and restoration work being done on the building and complained about the traffic signals in the area creating an eyesore and a hazardous situation. Mayor Kasdin suggested that perhaps either South Pointe Streetscape or Redevelopment TIF money could be used for the requested improvement to the traffic signals. Administration to investigate and work with the condominium and community. Matthew Schwartz to handle. 2) Bea Kalstein reminded the Commissioners why they were elected and that they are servants of the people and please do not speak to the audience as if they were adversaries. 3) Mike Rubin spoke about the Mandala sand painting which is currently being exhibited at the Garden Center and spoke about the elements and benefits of the sand painting.

HANDOUT: Speakers List.

 

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

ACTION: Not reached.

 

R9C Update on the Regal Cinema.

(Requested by Commissioner Nancy Liebman)

1. Commission Memorandum No. 889-99

Report on Regal Cinema.

(Deferred from 11/17/99)

ACTION: Commissioner Liebman reported that the concerns previously expressed regarding the policies of Regal Cinema, as well as the parking problems, have been amicably resolved.

John Curry, Director of Food Services for Regal Cinema, outlined the following concessions by Regal: a one time donation of $2,500 to the Alliance Theater to be used towards rent; removal of the arcade games from the theater; additional signage indicating the pricing and hours of the parking garage; validation of the parking tickets at the box office; and a free kids film festival during the summer.

Commissioner Liebman advised that, on the next Commission agenda, there will be a referral to the Planning Board of Regal's request for liquor sales in connection with the operation of a cafe. The issue of the operational hours for Regal will be on the December 15th Commission agenda. Judy Hoanshelt to place on agenda.

Vice-Mayor Smith stated that a third off-duty uniformed police officer should be stationed outside by the door. Regal Cinema agreed to re-station one of the two police officers from inside the theater to the area as requested by Vice-Mayor Smith.

 

R9D Discussion regarding Request by Ted del Valle, Dade Heritage Trust, concerning a Publication about Miami's Historic Neighborhoods.

(Requested by Commissioner Nancy Liebman)

(Deferred from 11/17/99)

ACTION: Discussion held. Motion made by Vice-Mayor Smith to refer the item to the Community Affairs Committee; seconded by Commissioner Garcia; voice vote: 7-0.

Commissioner Liebman requested that there be some input from Historic Preservation as to how much information should be published in the book and stated that this is a worthwhile project for the City. Mr. Ted del Valle, project coordinator, to be notified of the meeting (305-895-1868). Judy Hoanshelt to place on the Committee agenda.

HANDOUT:

1. Miami's Historic Neighborhoods

 

R9E Discussion regarding City Manager Hiring Process.

(Requested by Mayor Neisen Kasdin)

ACTION: Discussion held.

Motion was made by Commissioner Bower for each Commissioner to make a "direct" appointment to the "Blue Ribbon" search committee; seconded by Commissioner Dermer. Voice vote: 7-0. The following appointment were made:

Mayor Kasdin Dean Ronald Berkman

Vice-Mayor Smith Mr. Fred Berens

Commissioner Bower Mr. Victor Diaz

Commissioner Cruz Mr. Carlos Cisneros

Commissioner Dermer Ms. Katherine Fernandez Rundle, State Attorney

Commissioner Garcia Mr. Merrett Stierheim

Commissioner Liebman Mr. Don Tomlin

Committee to be ad hoc.

Commissioner Cruz made a motion requesting that the City Attorney provide legal counsel to the committee and that the City Clerk handle the committee administratively; seconded by Vice-Mayor Smith; voice vote: 7-0.

Motion made by Commissioner Dermer to have an Acting City Manager for no more than 120 days and that the Acting City Manager cannot apply for the position of permanent City Manager; seconded by Vice-Mayor Smith. Voice vote: 6-1; opposed: Commissioner Liebman.

Discussion continued with nominations for Interim City Manager. Commissioner Dermer nominated Lawrence Levy; seconded by Vice-Mayor Smith.

Commissioner Liebman nominated Christina Cuervo; seconded by Commissioner Garcia.

Voting ballots: Lawrence Levy 4 votes; Christina Cuervo 3 votes.

Subsequently, Commissioner Garcia requested that the appointment of Lawrence Levy be unanimous; seconded by Commissioner Bower; voice vote: 7-0. Effective date of the appointment to be Saturday, December 18th.

Judy Hoanshelt to place on the December 15th Commission agenda the swearing in of Lawrence Levy as City Manager.

HANDOUT:

1) Proposed Procedures and Timetable for selection of City Manager submitted by Commissioner Cruz.

 

R9F Discussion regarding the Code Enforcement Task Force.

(Requested by Vice-Mayor Jose Smith)

ACTION: Discussion held.

Motion made by Commissioner Dermer to disband the Code Enforcement Task Force and have them meet as a citizens committee; seconded by Commissioner Bower; ballot vote: 4 in favor (Vice-Mayor Smith and Commissioners Cruz, Bower and Dermer); 3 opposed (Mayor Kasdin and Commissioners Garcia and Liebman). Administration directed to continue to assist the committee as requested.

Discussion continued. Motion was made by Commissioner Liebman to refer to the Community Affairs Committee: 1) a review of the Ethics Ordinance; 2) including a review of direct conflicts and those "perceived" conflicts not related to a board; and 3) conflicts of people who don't have a conflict if they don't appear before a board ; seconded by Commissioner Garcia. Discussion continued. Commissioner Bower suggested that, instead of the Committee reviewing the whole ordinance, perhaps they can look at the impact that the ethics ordinance has had, if any. No vote taken on Commissioner Liebman's motion.

Mayor Kasdin requested Commissioner Liebman place an item on the Commission agenda requesting referral to the Community Affairs Committee.

 

R9G Discussion regarding a Request for Fee Waivers from First Night Miami Beach (Addendum Agenda)

(Requested by Mayor Neisen Kasdin)

ACTION: Mayor Kasdin introduced the item as a request from Wedner & Friends for a waiver of rental fees for use of the Jackie Gleason Theater for the Performing Arts and the Convention Center Hall C for First Night Miami Beach activities.

Motion to approve the request for waiver of the rental fees made by Commissioner Dermer; seconded by Commissioner Liebman; voice vote: 6-0; absent: Vice-Mayor Smith.

End of Regular Agenda

Reports and Informational Items

A City Attorney Commission Memorandum No. 890-99

City Attorney's Status Report.

(City Attorney's Office)

ACTION: Written report submitted.

 

B Commission Memorandum No. 891-99

Status Report on City Planning for Millennium Weekend.

(City Manager's Office)

ACTION: Discussion held.

Administration to schedule an evening meeting with the residents of Venetian Causeway and consult with FDOT to review the millennium plans. Mayra Diaz Buttacavoli to handle.

Administration expressed concern that the plans need to be finalized soon in order to get them to the media.

A Commission workshop needs to be held within one week to 10 days. (Workshop scheduled for Monday, December 6 from 3 to 5 p.m.)

Mr. David Wallach, Ocean Drive Association, expressed his concern over the cost ($30,000) to close Ocean Drive for the second night events or January 1st.

Motion made by Commissioner Liebman to close Ocean Drive the evening of January 1st with no charge to the businesses; seconded by Commissioner Bower; voice vote: 7-0. Mayra Diaz Buttacavoli to handle.

HANDOUT:

1. Millennium 2000 Public Safety Maps (Mobility and parking maps and service maps)

 

C Commission Memorandum No. 892-99

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

(Construction Management)

ACTION: Representatives of FPL were unable to attend. Commissioner Liebman stated that previously FPL had presented monthly reports to the Commission reporting what efforts FPL has done to address the frequent power outages in the City and now they seem to be reporting only on undergrounding efforts.

Commissioner Liebman requested that FPL address the Commission on exactly what they are doing to address the power outages and what upgrades are planned in order to keep up with the growth in the City and the increasing power demands especially in South Beach.

Item deferred to the December 15th Commission meeting. Judy Hoanshelt to place on the Commission agenda.

 

D Commission Memorandum No. 893-99

Parking Status Report.

(Parking Department)

ACTION: Written report submitted.

 

Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

December 1, 1999 - 10:00 a.m.

AGENDA

1. ROLL CALL

2. OLD BUSINESS

A. Redevelopment Agency Memorandum No. 99-66

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: Christina Cuervo presented the status report. Written report submitted.

 

3. NEW BUSINESS

A. Redevelopment Agency Memorandum No. 99-67

A Resolution Approving the Parking Facility Management and Operation Agreement for the Miami Beach Marina by and between Miami Beach Marina Associates, Ltd., the City of Miami Beach and the Miami Beach Redevelopment Agency. Joint City Commission and Redevelopment Agency

ACTION: See item R7D. Resolution No. 331-99 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Liebman; voice vote: 7-0. Christina Cuervo to handle.

The Marina lessee will operate the parking garage pursuant to the parking garage maintenance manual; maintain the baywalk; provide security; provide all the parking equipment; provide insurance and pay all the operating costs. The City will be obligated to pay for taxes, as provided for in previous agreements, and will also pay for electric utility costs.

Mayor Kasdin questioned who is responsible for payment of the real estate taxes. First Assistant City Attorney Lawrence Levy responded that, when the original marina agreement was entered into some 20 years ago, there were no taxes originally on the Marina and that a subsequent court case held that county marinas are not required to pay taxes but that city marinas are required to pay taxes. Mr. Levy clarified that the City will be paying taxes only on the parking spaces in the yacht club and the laundry and bathroom facilities which was part of negotiations.

 

End of Agenda

 

The Commission meeting was adjourned at 6:22 p.m.