City of Miami Beach - City Commission Meeting
Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
December 2, 1998

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

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

AFTER ACTION

CONSENT AGENDA

PA1 D-Presentation from South Beach Prefers Visa Program. (Kasdin) 1

C2A PO, Four 1999 Ford F150 1/2-Ton 4x2 Pickup Trucks, $60,674. 3

C2B Reject All Bids Received re: Bid No. 113-97/98, PAL Bldg Addition/Renov. 5

C2C Bid Award No. 109-97/98, Computerized Maintenance Mgmnt System, $34,455. 7

C2D Reject All Bids Received re: Bid No. 104-97/01, Furnish/Install Pk Equip.13

C4A Referral to a Special Finance & Citywide Proj. Comm-CIP. 17

C4B Referral to Fin. & Citywide Proj. Comm-Create Sec. 501(c)(3) Non-Profit. 19

C4C Referral to Finance & Citywide Proj. Comm-North Shore Open Space Park. 21

C4D Referral to Land Use & Dev. Comm-Modification: Day Care Ctr Ord.(Smith) 23

C7A Placement of 204 Banners for Art Miami International. 25

C7B Approve Dates for 1999 City Commission & RDA Meetings. 35

C7C HOME Program Agmt with MB Comm. Development Corp. 45

C7D Issue RFP for Provision of Custodial Srvs for CMB Investment Acct. 57

C7E Rank Proposals/Nego. Contract w/Suntrust Bank, Various Banking Srvs. 91

C7F Lease Agmt w/Harley-Davidson of Miami, for 16 '99 Police Motorcycles. 95

C7G Estb./Approp. "Adopt-a-Park" Program Account for MB Botanical Garden. 107

C7H Addendum-New Item 5/7: Place 120 Banners for N. Beach Dev. Corp.(Smith)

REGULAR AGENDA

R5A 3:30 p.m., 1st Rdg, Amend Ch. 2, Agencies, Bds&Comm., Excused Absences. 111

R5B 1st Rdg, Amend Ord. 1605, Salary Ranges for Unclassified Emp. (Legal) 115

R5C 1st Rdg, Amend Chap. 118, Disclosure Requirement. 5/7ths 119

R5D 11:30 a.m., 2nd Rdg, Amend City Code Sec. 46.161, Motor Vehicle Alarms. 127

R5E 11:00 a.m., 2nd Rdg, Moratorium/Pay Telephones on Right-of-Way.(Liebman)133

R5F 2:00 p.m., 2nd Rdg, Prohibit RDA Funds-Finance Private Proj. (Shapiro) 137

R6A Report: Finance and Citywide Projects Comm. Mtg of Nov. 19, 1998. 143

R7A 3:00 p.m., 2nd Hrg, Development Agmt, DiLido Beach Hotel Corp. 147

R7B 10:30 a.m., Amend the Boundary of the MB Enterprise Zone. 161

R9A Board and Committee Appointments. SM

R9B1 Dr. Stanley Sutnick Citizens' Forum. (1:30 p.m.) 189

R9B2 Dr. Stanley Sutnick Citizens' Forum. (1:30 p.m.) 189

R9C D-Disc: Construct New Elementary and/or Middle School.(Kasdin) 191

R9D D-Disc: Construct PLC in N. Beach/Renov. Biscayne Elem.(Smith) 195

R9E Disc: Strengthen Sec. 19-6 of Historic Preservation Ord. (Liebman) 197

R9F Disc: Lease to CMB of Electrowave "Park and Ride" Lot. (Shapiro) 199

REPORTS AND INFORMATIONAL ITEMS

A City Attorney's Status Report. 201

B Status Report on the Cultural Campus. 205

C Parking Status Report. 207

REDEVELOPMENT AGENCY ITEMS - 10:00 A.M.

2A Status Report on Loews; Anchor Shops; RDP. 1

3A Report of Itemized Rev. & Expenditures of RDA. SC

Call to Order - 9:00 a.m.

Inspirational Message and Pledge of Allegiance

Requests for Additions, Withdrawals, and Deferrals

PA - Presentations and Awards

PA1 Presentation from the South Beach Prefers Visa Program.

(Requested by Mayor Neisen Kasdin)

ACTION: Deferred. Judy Hoanshelt to place on a future agenda.

Emergency Add-on Item:

Discussion concerning placement of banners in the North Beach area. Motion to place emergency item on the Consent Agenda (see item C7H) made by Commissioner Smith; seconded by Commissioner Gottlieb; vote: 5-0 (absent: Vice-Mayor Cruz and Commissioner Shapiro).

CONSENT AGENDA

Consent agenda approved. Motion made by Commissioner Smith, seconded by Commissioner Liebman; vote: 7-0.

C2 - Competitive Bid Reports

C2A Commission Memorandum No. 796-98

Request for Approval to Award a Purchase Order to Duval Ford, in the Amount of $60,674, Pursuant to the Florida Sheriff's Association Contract No. 98-06-0914 for the Purchase of Four (4) 1999 Ford F150 Ĺ-Ton 4x2 Pickup Trucks. Funding: Public Works Sewer Maintenance Budget Account.

Administration Recommendation: Approve the award.

(Fleet Management)

ACTION: Award approved. Mike Rath to issue Purchase Order. Drew Terpak to handle.

C2B Commission Memorandum No. 797-98

Request for Authorization to Reject the Bids Received in Response to Bid No. 113-97/98 for the Police Athletic League Building Addition and Renovation.

Administration Recommendation: Reject all bids.

(Police Department)

ACTION: Bids rejected. Mike Rath to notify bidders. Chief Barreto and Julio Grave de Peralta to handle.

C2C Commission Memorandum No. 798-98

Request for Approval to Award a Purchase Order to Datastream Systems, Inc. in the Amount of $34,455, Pursuant to Bid No. 109-97/98 for the Purchase of a Computerized Maintenance Management System (CMMS). Funding: Property Management Budget Accounts.

Administration Recommendation: Approve the award.

(Property Management)

ACTION: Award approved. Mike Rath to issue Purchase Order. Brad Judd and IT (R. Parcher) to handle.

C2D Commission Memorandum No. 799-98

Request for Authorization to Reject All Bids Received, Pursuant to Bid No. 104-97/01, Furnish and Install Park Equipment.

Administration Recommendation: Reject all bids.

(Recreation, Culture and Parks Department)

ACTION: Bids rejected. Commissioner Liebman expressed the following concerns: 1) paying the architects to review currently existing park equipment; and 2) standard park equipment as compared to creative equipment. The City Manager has scheduled individual meetings with the Commissioners to discuss the plans and will include visuals in the meetings. Mike Rath to notify all bidders.

C4 - Commission Committee Assignments

C4A Commission Memorandum No. 800-98

Referral to the Finance and Citywide Projects Committee Special Meeting - Capital Improvement Projects (CIP).

Administration Recommendation: Refer the matter.

(Finance Department)

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

C4B Commission Memorandum No. 801-98

Referral to the Finance and Citywide Projects Committee - The Creation of Section 501(c)(3) Non-Profit Corporations.

Administration Recommendation: Refer the matter.

(Finance Department)

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

C4C Commission Memorandum No. 802-98

A Referral to the Finance and Citywide Projects Committee - Status Report and Proposed Improvements Planned for North Shore Open Space Park as Recommended in the City of Miami Beach Parks Master Plan of Bond Program Sites.

Administration Recommendation: Refer the matter.

(Recreation, Culture and Parks)

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

C4D Referral to the Land Use and Development Committee - Modification to Day Care Center Ordinance

Recommendation: Refer the matter.

(Requested by Commissioner Jose Smith)

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

C7 - Resolutions

C7A Commission Memorandum No. 803-98

A Resolution Approving and Authorizing the Placement of 204 Banners for Art Miami International, to Be Held at the Miami Beach Convention Center January 7-12, 1999, as Requested by the Applicant at the Following Locations: I-95 (MacArthur Causeway), Starting at the Miami Beach City Limits to Alton Road; 5th Street, from Alton Road to Ocean Drive; A1A (Collins Avenue), from 5th Street to 41st Street; Harding Avenue, from 71st Street to 87th Street; A1A (Collins Avenue), from 71st Street to 87th Street; 17th Street, from Meridian Avenue to Washington Avenue; Washington Avenue, from 17th Street to Dade Boulevard; 41st Street, from Alton Road to Collins Avenue; and Convention Center Drive, from 17th Street to Dade Boulevard; Said Banners to be Affixed to Light Poles in the Public Right-of-Way; Measure 3' x 7'; and Have Copy and Design as Shown on the Drawings; The Administration Further Recommends that these Banners be Installed No Earlier than December 27, 1998, and Removed by January 14, 1999.

Administration Recommendation: Adopt the Resolution.

(Office of Arts, Culture and Entertainment)

ACTION: Resolution No. 98-22978 adopted. James Quinlan to handle.

C7B Commission Memorandum No. 804-98

A Resolution Approving the Dates for the 1999 City Commission and Redevelopment Agency Meetings.

Administration Recommendation: Adopt the Resolution.

(City Clerk's Office)

ACTION: Resolution No. 98-22979 adopted. R. Parcher to handle.

C7C Commission Memorandum No. 805-98

A Resolution Authorizing the Mayor and City Clerk to Execute the Home Investment Partnerships (HOME) Program Agreement with Miami Beach Community Development Corporation (MBCDC), Committing Funds Previously Allocated by the City to MBCDC in the Amount of $787,800 from the City's HOME Program Allocation from Fiscal Years 1997/98 and 1998/99 for Eligible Community Housing Development Projects.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 98-22980 adopted. Christina Cuervo to handle.

C7D Commission Memorandum No. 806-98

A Resolution Authorizing the Administration to Issue a Request for Proposals for the Provision of Custodial Services for the City of Miami Beach Investment Account, for a Three-Year Period, and to Extend the Existing Contract with Fiduciary Trust International of the South, on a Month-to-Month Basis Until a New Contract is Executed.

Administration Recommendation: Adopt the Resolution.

(Finance Department)

ACTION: Resolution No. 98-22981 adopted. Patricia Walker to handle.

C7E Commission Memorandum No. 807-98

A Resolution Accepting the Ranking of Proposals Received and Authorizing the Administration to Enter into Negotiations and Contract with the Number-One Ranked Firm, Suntrust Bank, Pursuant to Request for Proposals (RFP) No. 80-97/00 for Provision of Various Banking Services, for a Three-Year Period.

Administration Recommendation: Adopt the Resolution.

(Finance Department)

ACTION: Resolution No. 98-22982 adopted. Patricia Walker to handle.

C7F Commission Memorandum No. 808-98

A Resolution Authorizing the Mayor and City Clerk to Execute a Lease Agreement with Harley- Davidson of Miami, L. C. For the Lease of Sixteen (16) 1999 Harley-Davidson Police Motorcycles (FLHP-I).

Administration Recommendation: Adopt the Resolution.

(Fleet Management)

ACTION: Resolution No. 98-22983 adopted. Drew Terpak to handle.

C7G Commission Memorandum No. 809-98

A Resolution Establishing an "Adopt-a-Park" Program Account for the Miami Beach Botanical Garden and Appropriating Funds to Said Account as They Are Received from Various Federal, State, Local or Foundation Grant Sources, Corporation Donations, Individual Donations, or Other Private Sector Support to Assist in the Renovation, Maintenance and Operation of the Botanical Garden.

Administration Recommendation: Adopt the Resolution.

(Recreation, Culture and Parks)

ACTION: Resolution No. 98-22984 adopted. Patricia Walker and Kevin Smith to handle.

C7H Commission Memorandum No. 822-98 (ADDENDUM ITEM)

A Resolution Approving and Authorizing the Placement of One Hundred and Twenty (120) Banners for the North Beach Development Corporation, as Requested by the Applicant at the Following Locations: Collins Avenue (A1A) from 59th to 75th Street, 71st Street from Collins Avenue to Bay Drive, Normandy Drive, from Bay Drive to Rue Notre Dame, and 71st Street from Rue Notre Dame to Bay Drive, Said Banners to be Affixed to Light Poles in the Public Right-of -Way, Measure 2' X 4' 7" and have a Copy and Design as Shown on the Attached Drawings.

Administration Recommendation: Adopt the Resolution.

(Requested by Commissioner Jose Smith)

ACTION: Resolution No. 98-22987 adopted. James Quinlan to handle.

End of Consent Agenda

REGULAR AGENDA

R5 - Ordinances

R5A City Attorney Commission Memorandum No. 810-98

An Ordinance Amending Miami Beach City Code Chapter 2 "Administration", Article III Entitled "Agencies, Boards and Committees", Section 2-22(9) Thereof by Providing for Excused Absences of Members in the Event of Bereavement, Personal or Family Medical Emergency or Business Emergency, Said Excused Absence to be Determined by the Chairperson of the Affected Agency, Board or Committee; Providing for Codification, Repealer, Severability, and Effective Date. First Reading

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

(City Attorney's Office)

ACTION: Discussion held. Ordinance approved on first reading as amended: 1) second paragraph of SECTION 1. "If any member of an agency, board or committee fails to attend four regularly scheduled meetings per calendar year..."; and 2) ... or 33 1/3% per calendar year of the schedule meetings..."; and 3) delete underlined language (the last 2 sentences of the second paragraph). Motion to approve the ordinance as amended on first reading made by Vice-Mayor Cruz; seconded by Commissioner Dermer; ballot vote: 7-0. Second reading and public hearing scheduled for December 16th at 11:00 a.m. R. Parcher to publish notice. Judy Hoanshelt to place on the agenda.

Legal Department instructed to to modify the Planning Board, Design Review Board, Historic Preservation board and the Board of Adjustment to the same absentee language.

R5B City Attorney Commission Memorandum No. 811-98

An Ordinance Amending Section 1B of Ordinance No. 1605, as Amended, Which Established Positions in the Unclassified Service And Salary Ranges for Unclassified Employees, by Amending The Salary Ranges for Receptionist (Employed on or after October 1, 1992), Providing for Repealer, Severability, and an Effective Date. First Reading

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

(City Attorney's Office)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Smith; seconded by Commissioner Liebman; ballot vote: 7-0. Second reading and public hearing scheduled for December 16th at 11:30 a.m. R. Parcher to publish notice. Judy Hoanshelt to place on the agenda.

R5C Commission Memorandum No. 812-98

An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 118 Entitled "Administration and Review Procedures," by Creating Section 118-31 Entitled "Disclosure Requirement" By Requiring Disclosure of Consideration Provided or Committed to Reduce Opposition to a Requested Approval, Relief or Other Action from the Planning Board, Design Review Board, Historic Preservation Board (Including Joint Board), or Board of Adjustment; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. First Reading

Administration Recommendation: The Administration recommends that the City Commission, upon first reading, approve the proposed amending Ordinance, including the additional amending language broadening the disclosure requirement.

(Planning Department)

(Deferred from 11/18/98)

ACTION: Ordinance approved on first reading with "Attachment A" language and as amended by Commissioner Dermer: include language for the second reading addressing a penalty provision: 1) If the applicant is found to be in violation of this ordinance and an application is pending, the application will be removed from the agenda for a period of one year and 2) If the application has been approved and disclosure not done in accordance with this ordinance, the approval would be withdrawn and the application cannot be resubmitted for a period of one year. Motion to approve the ordinance as amended made by Commissioner Smith; seconded by Commissioner Shapiro; ballot vote: 7-0. Second reading and public hearing scheduled for December 16th at 2:30 p.m. R. Parcher to publish notice. Judy Hoanshelt to place on the agenda. Dean Grandin to add penalty provision to the ordinance.

Two issues were raised: 1) the appeal process and 2) City Manager asked if the issue of disclosure for items coming before the commission should be included before the 2nd reading. Mayor Kasdin stated that these were good issues and should be addressed in a separate action.

R5D Commission Memorandum No. 813-98

An Ordinance Enacting Miami Beach City Code Section 46.161 Entitled "Motor Vehicle Alarms" of Miami Beach City Code Article IV, Entitled "Noise" of Miami Beach City Code Chapter 46, Entitled "Environment"; Providing Definition; Prohibiting Excessive and Prolonged Noise; Providing for Enforcement; Providing for Penalties; Providing for Repealer, Severability, Codification, and an Effective Date. 11:30 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Police Department)

(First Reading 11/18/98)

ACTION: Public hearing held. Ordinance No. 98-3157 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Smith; ballot vote: 6-0 (absent: Commissioner Shapiro). Chief Barreto and Al Childress to handle.

R5E Commission Memorandum No. 814-98

An Ordinance Amending Chapter 82 Entitled "Public Property" Amending Article IV, Division 4 Entitled "Pay Telephones" Amending Subdivision II Entitled "Permit" by Creating Subsection 82-316 to be Entitled "Establishment of Temporary Moratorium on Issuance of All Permits" Providing for a Temporary Ninety (90) Day Moratorium on the Issuance of All Pay Telephone Permits; Providing for Codification; Providing for Repealer; Providing for Severability; and Providing for an Effective Date. 11:00 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Requested by Commissioner Nancy Liebman)

(First Reading 11/4/98)

ACTION: Public hearing held. Ordinance No. 98-3158 adopted, as amended: Section 82-316: (the last sentence) "The moratorium shall automatically dissolve upon the earlier expiration of the ninety (90) day period or upon the adoption of City Code amendments addressing the City's pay telephones." Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb; ballot vote: 7-0. Julio Grave de Peralta to handle.

R5F Memorandum from Commissioner Martin Shapiro

An Ordinance Prohibiting the Miami Beach Redevelopment Agency from Using Moneys Deposited to or Held in Said Agency's Redevelopment Trust Funds, Created Pursuant to Section 163.387, Florida Statutes, to Finance Privately-Owned Projects, Other Than Those Owned by Certain Not-for-Profit Persons or Entities; Repealing All Ordinances and Resolutions in Conflict Herewith; Providing for Severability; Codification; and Providing for an Effective Date. 2:00 p.m. Public Hearing, Second and Final Reading

Recommendation: Adopt the Ordinance.

(Requested by Commissioner Martin Shapiro)

(First Reading 11/4/98)

ACTION: Public hearing held. Motion to adopt the ordinance made by Commissioner Shapiro; seconded by Commissioner Dermer. No vote taken. Discussion continued. Commissioner Liebman made a motion to defer the ordinance; seconded by Commissioner Gottlieb. No vote taken. Discussion continued. Subsequently, Commissioner Liebman clarified her motion as a deferral for 90 days; seconded by Commissioner Gottlieb. Discussion continued. Commissioner Liebman further clarified her motion to defer the issue for 90 days and during this time period to institute a 90-day moratorium. Ballot vote on the motion to defer: in favor: Mayor Kasdin and Commissioners Gottlieb and Liebman; opposed: Vice-Mayor Cruz and Commissioners Dermer, Shapiro and Smith. Motion to defer failed.

Ordinance No. 98-3159 adopted as amended: Section 1: ...(line 12 and/or the Agency, (insert the following language) and/or the Agency, or by the not-for-profit persons or entities enumerated above; provided, however, that this Ordinance shall not be construed to impair the obligation of any contract to which the City or the Agency is a party as of the date of adoption of this Ordinance, or to restrict the future expenditure of moneys in the Redevelopment Trust Fund therefor, including, but not limited to,..." . Amendments accepted by Commissioner Shapiro. Ballot vote: 7-0. Christina Cuervo.

Handout: Speakerís List

R6 - Commission Committee Reports

R6A Commission Memorandum No. 815-98

Report on the Finance and Citywide Projects Committee Meeting of November 19, 1998: 1) Report on the Bass Museum Expansion and Renovation Project; 2) Discuss Setting a Limitation on the Amount a Fine, Imposed by the Special Master, Can Accrue; 3) Parking Rates for the 16th Street Garage; 4) Streetscape Project for the Venetian Causeway; 5) Proposed Physical Improvements to Washington Avenue as Part of Washington Avenue Task Force Recommendations; 6) Alaska Parcel; and, 7) Amend the Boundary of the Miami Beach Enterprise Zone.

ACTION: Report presented by Commissioner Cruz. See Committee report for direction to the Administration.

R7 - Resolutions

R7A Commission Memorandum No. 816-98

A Resolution Approving an Amendment to the Development Agreement Entered into between the Di Lido Beach Hotel Corporation and the City of Miami Beach in Accordance with the Requirements of the Florida Local Government Development Agreement Act for Property Located at 155 Lincoln Road, Miami Beach, Florida and at 1653, 1655, 1657, 1661, 1663, and 1669 Collins Avenue, Miami Beach, Florida and Authorizing the Mayor and City Clerk to Execute an Amendment to the Development Agreement. 3:00 p.m. Second Public Hearing

Administration Recommendation: Adopt the Resolution

(Community/Economic Development)

(First Public Hearing 11/18/98)

ACTION: Public hearing held. Resolution No. 98-22985 adopted. Motion made by Commissioner Liebman; seconded by Vice-Mayor Cruz; voice vote: 7-0. Christina Cuervo to handle.

Handout: Speakerís List

R7B Commission Memorandum No. 817-98

Amendment to the Boundary of the Miami Beach Enterprise Zone.

1. A Resolution Authorizing the City Manager, or His Designee, to Act on Behalf of the City to Submit Documentation to Miami-Dade County Requesting that the Board of County Commissioners to Amend the Boundary of the Miami Beach Enterprise Zone to Add Property Along Washington Avenue, as Reflected in the Scenario #1, to the Enterprise Zone and to Delete Certain Areas of the Beaches, Collins Park, Lummus Park, Ocean Beach Park and the Eastern Portion of South Pointe Park from the Enterprise Zone.

2. A Resolution Authorizing the City Manager, or His Designee, to Act on Behalf of the City to Submit Documentation to Miami-Dade County Requesting that the Board of County Commissioners to Amend the Boundary of the Miami Beach Enterprise Zone to Add Property Along Washington Avenue, as Reflected in the Scenario #2, to the Enterprise Zone and to Delete Certain Areas of the Beaches, Collins Park, Lummus Park, Ocean Beach Park and the Eastern Portion of South Pointe Park from the Enterprise Zone.

3. A Resolution Authorizing the City Manager, or His Designee, to Act on Behalf of the City to Submit Documentation to Miami-Dade County Requesting that the Board of County Commissioners to Amend the Boundary of the Miami Beach Enterprise Zone to Add Property Along Washington Avenue, as Reflected in the Scenario #3, to the Enterprise Zone and to Delete Certain Areas of the Beaches, Collins Park, Lummus Park, Ocean Beach Park and the Eastern Portion of South Pointe Park from the Enterprise Zone.

Administration Recommendation: Adopt the recommended Resolution.

(Community/Economic Development)

ACTION:

3. Scenario #3: Discussion held. Motion made by Commissioner Liebman to adopt Scenario #3 with the following amendments: 1) Extend the Espanola Way zone to the east side of Pennsylvania Avenue including both sides of Espanola Way and to the south side of 15th Street ; and 2) Expand the zone along the east side of Drexel Avenue south of Lincoln Road to south side 15th Street(east side of Drexel Avenue to become the west boundary except at 15th Street); seconded by Vice-Mayor Cruz voice vote: 7-0. Resolution No. 98-22986 adopted as amended (to include Exhibits A and A-1). Christina Cuervo to handle.

Handout: Maps - South Beach area of the Miami Beach Enterprise Zone - scenarios # 1, #2 and #3.

R9 - New Business and Commission Requests

R9A Commission Memorandum No. 818-98

Board and Committee Appointments for the Meeting of December 2, 1998.

(City Clerk's Office)

(To be Submitted Under Separate Cover)

ACTION: The following direct appointments announced:

Homeless Committee:

Barry Klein (Mayor Kasdin) - term expires 12/31/99 - representing the North Beach Development Corporation

Sheila Kelly (Commissioner Liebman) - term expires 12/31/2000

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

ACTION: 1) George Lowander commented on: a) the disproportionate level of City services received by the clubs in South Beach relative to the amount of taxes paid. and requested the Commission to consider a charge-back system to the clubs based on the amount of calls for the additional City services they receive; Mayra Diaz-Buttacavoli, Chief Barreto, and Chief Garcia to handle. b) City police officers should not be working for the clubs which has an implied relationship between the police and the clubs and that the charge-back system could pay the police directly. The City Manager advised that he is currently working with the Police Chief on the issue of off-duty police officers working for clubs in the area. Administration to meet with the Legal Department to address the legal issues. 2) Bunny Patchen gave an update of the efforts of the Airplane Noise Abatement Task Force. HANDOUT: 1) Two charts showing MIA 10-17-98-15 minutes of departures from 13:55 to 14:10 3) Mike Lanz complained about the lack of public awareness relative to seeing-eye dogs for the blind particularly as it relates to restaurants. He requested the Commission to issue circulars or include information on the Cityís web site apprising the public that seeing-eye dogs are allowed in restaurants. Ronnie Singer to handle. Mr. Lanz also complained about the parking meters, newspaper stands, cracks in the sidewalk, etc. being obstacles to the blind. 4) Martin Reingold spoke about: a) a recent problem in his condominium and complimented the Public Works Department for the cooperation they extended to him; Specifically Mercedes Sosa, Michael Alvarez and Nathan Pope. TC Adderly to place a copy of this in their personnel file; and b) an excerpt from US News and World Report and a Miami Herald article which he distributed at the last Commission meeting regarding reorienting the management system to run the City as a business. 5) Jo Asmundsson wished the Commission good health, etc. and expressed a "thank you" to the Office of the City Clerk for a job well done generally and especially for the handling of the board and committee applications and term selection. 6) Steve Diamond thanked the Commissioners for their support on the Dade Human Rights Initiative recently adopted by the Miami-Dade Commission. Mr. Diamond commented on a recent statement made by Commissioner Gottlieb regarding the City possibly leaving the County and felt that it was good that the City is stepping back in order to review its relationship with the GMCVB. He further commented that the County services he receives are minimal and that the problems especially in the road system could be better addressed on a local basis. 7) Bea Kalstein stated that she was happy to see members of the community coming forward and discussing the problems in the city; disrepair of the streets; return of tax money and how deeply she cares for the city and how subsidies and tax breaks given to developers are burdening the people. 8) Toquil Smith stated that his constitutional rights were infringed upon relative to the electric shuttle. His comments inaudible on the tape.

Handout: Speakerís List.

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

ACTION: Held in conjunction with R9B(1) at 1:30 p.m.

R9C Discussion of Construction for a New Elementary and/or Middle School in the City of Miami Beach and: 1) Referral of Item to the Neighborhoods Committee; and 2) Request that a Group of Citizens be Added to the Neighborhoods Committee on an Ad-Hoc Basis for the Purpose of Addressing the Issue Specifically.

(Requested by Mayor Neisen Kasdin)

(Hear in Conjunction with R9D)

ACTION: Deferred. Judy Hoanshelt to place on 12/16 agenda.

R9D Discussion regarding the Construction of a Primary Learning Center (PLC) in the North Beach Area and the Proposed Renovations to Biscayne Elementary.

(Requested by Commissioner Jose Smith)

(Hear in Conjunction with R9C)

ACTION: Deferred. Judy Hoanshelt to place on 12/16 agenda.

R9E Discussion regarding Strengthening Section 19-6 (Section 4A2) of the Historic Preservation Ordinance Which Regulates Demolition Permits in Historic Districts, and to Explore the Additional Requirement that Applications to the Historic Preservation Board Include a Cost Analysis for Alternatives to Demolition.

(Requested by Commissioner Nancy Liebman)

ACTION: Discussion held. Commissioner Liebman directed the Legal Department to put the "cost analysis for alternative to demolition" into an ordinance.

Commissioner Liebman also made a motion referring the issue to the Planning Board. Discussion continued. Commissioner Dermer commented that the cost of inspection should be passed onto the property owner and to appoint inspectors with historic preservation background through a rotational basis to ensure a fair approach to the inspections. Administration to review the issue and determine the proper referral route. Phil Azan to handle.

Commissioner Liebman asked for the status of the request to inspect the historic buildings. See November 18th item R7J. Janet Gavarette to handle.

R9F Discussion regarding the Lease to City of Miami Beach of Electrowave "Park and Ride" Lot at 5th Street and Alton Road.

(Requested by Commissioner Martin Shapiro)

ACTION: Commissioner Shapiro expressed his concern over the lack of a procedure in handling contracts. Administration to develop a policy to handle: 1) Initial approval of a contract; 2) Option year renewals of contracts; and 3) Contracts not being recommended for renewal. Mayra Diaz Buttacavoli to handle.

End of Regular Agenda

Reports and Informational Items

A City Attorney Commission Memorandum No. 819-98

City Attorney's Status Report

(City Attorney's Office)

ACTION: Written report submitted.

B Commission Memorandum No. 820-98

Status Report on the Cultural Campus.

(City Manager's Office)

ACTION: Written report submitted.

C Commission Memorandum No. 821-98

Parking Status Report.

(Parking Department)

ACTION: Written report submitted.

Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

December 2, 1998 - 10:00 a.m.

Chairman of the Board Neisen O. Kasdin

Member of the Board Simon Cruz

Member of the Board David Dermer

Member of the Board Susan F. Gottlieb

Member of the Board Nancy Liebman

Member of the Board Martin Shapiro

Member of the Board Jose Smith

Executive Director Sergio Rodriguez

Assistant Director Christina M. Cuervo

Assistant Director Mayra Diaz Buttacavoli

General Counsel Murray H. Dubbin

Secretary Robert E. Parcher

AGENDA

1. ROLL CALL

The Mayor and All Commissioners were present.

2. OLD BUSINESS

A. Redevelopment Agency Memo No. 98-46

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: Assistant Director Christina Cuervo presented a verbal report and addressed the Commission's questions and concerns. Four leases have been executed. Three new leases are currently being proposed and the terms of 18 months free rent and 12 months free rent is not be acceptable at the proposed rental rate and that attempts to renegotiate the rental terms have not been successful. Recommendation was made by the Executive Director to wait three (3) months after the opening of the Loews Hotel before approving any of the proposed leases. At that time a report will be presented giving the options and a recommendation. The recommendations were accepted by the City Commission. Commissioner Smith requested information on the amount of the security deposits received for the lease which have been entered into. Commissioner Gottlieb requested an L.T.C. on the opening of the parking garage. Christina Cuervo to handle.

3. NEW BUSINESS

A. Commission Memorandum No. 98-47

Report of the Itemized Revenues and Expenditures of the Miami Beach Redevelopment Agency for the Month Ended October 31, 1998.

(Distributed Under Separate Cover)

ACTION: Written report submitted.

End of Agenda

The Commission meeting adjourned at 4:27 p.m.