City of Miami Beach - City Commission Meeting
Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
December 15, 1999

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

AFTER ACTION

PA1 9:15 a.m., Swearing in of Lawrence A. Levy as City Manager. 1

PA2 Certificates of Apprec/"At Your Service!" Winners.

PA3 Certificates of Apprec/"Sands in Our Boots - World War II Vets".

PA4 New Item:Certificates of Apprec/6th St. Improvements. (Dermer)

C2A BA 18-99/00, 77th St. Streetscape Improvements, $221,700. 3

C2B Reject Bids, Bid 23-99/00, Plaza De Espana/Drexel Ave. Improvements. 7

C2C Award Contract, Emergency Medical Transportation Billing Srvs. 9

C2D BA 14-99/00, Roof Repair & Painting Fleet Mgmt Bldg Roof, $46,158. 43

C2E BA 32-99/00, Sig Sauer Ammunition Magazines & Floor Plates, $14,545. 45

C2F Award Contract, Issue Solicitation Announcements, Procurement. 47

C4A Ref: Planning Bd/Regal Cinema's Request To Serve Beer & Wine. (Liebman) 61

C4B Ref: Planning Bd/Amend Code re: Pay Phones on Private Property.(Liebman) 65

C4C S-Ref: Community Affairs Comm/Ethics Ord. (Liebman) 67

C4D Ref: Fin. & CW Proj. Comm/5-Yr Forecast for General Fund. 71/SC

C7A Short-Term Lease Agmt w/Yachting Promotions, Inc. 73

C7B Oppose Any Initiative to Impose an Additional Bed Tax. 149

C7C Appointment of Judge Robert Newman as Chief Special Master. 153

C7D SHIP Agmt/Cont. Rehab Component for Scattered-Site Home Ownership Pro. 159

C7E Changing Signatories, Miami Beach Housing Authority Fund Acct. 179

C7F Easements Collins Ave. @24th & 26th Sts., and, 21st & 22nd Sts. 183/SM

C7G Grant to MB Chamber of Commerce for Visitors Information Ctr. 197

C7H Changing Signatories on MB Hurricane Contingency Fund Acct. 201

C7I Changing Signatories on CMB Depositories. 205

C7J Changing Signatories on SMG Fund Acct. 209

C7K Changing Signatories on CMB Cultural Arts Council Fund Acct. 213

C7L Approve a $10 Flat Rate Pkg Fee: Millennium Weekend @ Attended Pkg. 217

C7M Change Orders for Completion of the Improvements at Lummus Park. 219

C7N Urge Fla. Leg. To Promote Place-Sensitive Highway Design on Rds, etc. 223

C7O Issue RFP for Dev. of Feasibility Study: Electric Shuttle Facility. 231

C7P Amendment #5 to Agmt, Washington Ave. Streetscape Master Plan. 267

REDEVELOPMENT AGENCY ITEMS - 10:00 A.M.

2A Anchor Shops & Pkg, Report on Pkg Operations, October, 1999. 1

3A Report of Itemized Rev. & Expend. Of RDA, Month Ending October, 1999. 3/SC

3B Appropriation to Reimburse RDP Royal Palm Ltd for Remediation Costs. 5

3C Approving Quik Park of Fla., Inc., as Subtenant of RDP Royal Palm Hotel. 11

3D Changing Signatories for RDA Bank Accounts. 21

3E Appropriation: >99 Ad Valorem Property Taxes on Anchor Shops&Pkg Garage. 25

 

R5A 2:15 p.m. 2nd Rdg, Retirement System: Change Age of Dependent Child. 275

R5B 2:20 p.m. 2nd Rdg, Retirement System: Amend Sec. 2.08 "Earnings". 285

R5C 10:30 a.m. 2nd Rdg, Nightclub Definitions & Hrs of Operation. 5/7 295

R5D 11:00 a.m. 2nd Rdg, Limitation on Nightclubs Locating on Lincoln Rd.5/7 317

R5E 11:15 a.m. 2nd Rdg, Nightclub Distance Separations. 5/7 323

R5F 11:30 a.m. 2nd Rdg, Land Use Board Members Absences. 5/7 333

R5G 2:00 p.m. 2nd Rdg, Parking Regulations in Historic Districts. 5/7 341

R5H 5:00 p.m. 1st Rdg, Parkshore Rezoning. 5/7 349

R5I1 5:01 p.m. 2nd Rdg, St. Francis Hosp. Site/Amend Future Land Use Map.5/7 365

R5I2 5:01 p.m. 2nd Rdg, St. Francis Hosp. Site/Amend Comp Plan Text. 5/7 365

R5J 1st Rdg, Motion Picture Theater Hours of Operation. 379

R5K 1st Rdg, Altos Del Mar RS-3 Development Regulations. 5/7 385

R5L 10:45 a.m. 2nd Rdg, Vehicle Impoundment. 393

R5M 1st Rdg, Amend Chap. 70, Alcoholic Bev. in Public Places/Signage Req. 403

R5N 2:25 p.m. 2nd Rdg, Create Office of Elder Affairs. (Cruz) 407

R6A Report Joint Mtg: Fin.&Citywide/GO Bond Oversight/Neigh. Comm. 12/8/99. 415

R6B W-Verbal Report: Finance & Citywide Proj. Committee Mtg of 12/9/99. 425

R6C Verbal Report Joint Mtg: Land Use & Pkg & Transp. Committees 12/13/99. 427

R6D 4:15 p.m., Verbal Report: Finance & Citywide Proj. Comm. Mtg 12/13/99. 429

R6E Verbal Report Joint Mtg: Land Use & Finance &CWP Comm. Mtg of 12/13/99. 431

R6F Verbal Report: Land Use & Dev. Comm. Mtg of 12/13/99. 433

R7A 9:15 a.m., Agmt w/Lawrence A. Levy as City Manager. 435

R7B Ratify Revisions of IAFF Labor Agmt/DROP. 443

R7C Ratify Revision of FOP Labor Agmt/DROP. 451

R7D 1st Amendment:Agmt w/Onyx Fla., LLC, Waste/Trash Collection. 463

R7E Call for Special Election/Mayor & CC Appoint Their Resp. Staffs. (Cruz) 471

R7F New Item: Adopt 3rd Amendment to Police Confiscation Fund/Helipad. SM

R9A 9:30 a.m., Board and Committee Appointments. 479

R9A1 9:30 a.m., Cultural Arts Council Appointments. 537

R9B 3:30 p.m., Pres. by Saul Gross: Bus. Reso. Task Force Recomm.(Cruz) 539

R9C Disc: Domino Park. (Cruz) 573

R9D 2:30 p.m., Disc: Goals for Public Education on the Beach. (Kasdin) 575

R9E 4:00 p.m., Presentation re: Entertainment Industry's Inventory.(Bower) 577

R9F 11:35 a.m., Report re: Amendment to Federal Trademark Law. (Liebman) 601

R9G 11:45 a.m., Disc: Art Deco Weekend. (Liebman) 603

R9H Noon Break: Committee of the Whole. (Kasdin) 605

R9I Disc: Awarding of Contracts for Hispanic Newspapers (Cruz) 607

R9J 3:00 p.m., Annual Evaluation of City Attorney. (Kasdin) 609

R9K Update on Progress of Sidewalk Cafe Ordinance. (Garcia) 639

R9L Update on Beach Erosion, Specifically at 65th St. (Garcia) 641

R9M 4:30 p.m.,Disc: Assist Ocean Dr. Fireworks Show for New Year. (Kasdin) 643

REPORTS AND INFORMATIONAL ITEMS

A 4:30 p.m., Status Report on City Planning for Millennium Weekend. 645

B Status Report on the Cultural Campus. 651

C Analysis of Performance Measurement Achievements Ending 9/30/99. 661

D Public Hrgs before the Planning Bd. Mtg of 12/20/99. 679

 

Call to Order - 9:34 a.m.

Inspirational Message and Pledge of Allegiance

Requests for Additions, Withdrawals, and Deferrals

PA - Presentations and Awards

PA1 Confirmation and Swearing In of Lawrence Levy as City Manager, Effective December 18, 1999. (City Manager's Office)

ACTION: Lawrence Levy's Agreement approved via agenda item R7A. Mr. Levy was sworn in as City Manager effective December 18, 1999.

 

PA2 Certificates of Appreciation to be Presented to "At Your Service!" Winners for: October - Maria Fernandez, Arts, Culture and Entertainment Office; November - Liesel Gras, Tourism and Convention Office; and, December - Lillian Beauchamp, City Clerk's Office.

ACTION: Certificates presented.

 

PA3 Certificates of Appreciation to be Presented for "Sands in Our Boots - World War II Vets" by Mayor Neisen Kasdin to Dr. Judith Berson, Bruce Singer, Betty Gutierrez, and Roberto Da Torre.

ACTION: Certificates presented.

HANDOUT: Materials, press clippings and other related materials.

 

ADD-ON

PA4 Certificates of Appreciation presented to Ivette Borrello, Robert Thomas, Lieutenant Michael Auch, Captain Francis "Casey" Conwell for their tireless efforts in making 6th Street safer and cleaner.

ACTION: Certificates presented.

Commissioner Garcia requested a moment of silence in honor of the firefighters who were killed in the line of duty in Worcester, Massachusetts.

CONSENT AGENDA

Consent Agenda approved. Motion made by Commissioner Bower; seconded by Commissioner Garcia; voice vote: 6-0; absent Mayor Kasdin.

 

C2 - Competitive Bid Reports

C2A Commission Memorandum No. 896-99

Request for Approval to Award a Contract to Mastec North America in the Amount of $221,700, Pursuant to Bid No. 18-99/00 for 77th Street Streetscape Improvements. Funding: CDBG Grant Funds and Section 108 Loan.

Administration Recommendation: Approve the award.

(Construction Management)

ACTION: Award authorized. Matthew Schwartz to handle.

Vice-Mayor Smith asked about : 1) The area on 77th Street east of Dickens around Tatum Waterway and 2) The drop off zone at Biscayne Elementary School. John De Pazos, Public Works responded to the questions.

 

C2B Commission Memorandum No. 897-99

Request for Authorization to Reject All Bids Received in Response to Bid No. 23-99/00 for Plaza De Espana/Drexel Avenue Improvements.

Administration Recommendation: Reject all bids.

(Construction Management)

ACTION: Bids rejected. Michael Rath to notify bidders. Plans and specifications to be modified and the project to be re-bid. Matthew Schwartz to handle.

 

C2C Commission Memorandum No. 898-99

Request for Approval to Award a Contract to Advanced Data Processing, Inc., Pursuant to the City of Boca Raton Request for Proposals (RFP) No. 99-006 to Provide Emergency Medical Transportation Billing Services.

Administration Recommendation: Approve the award.

(Fire Department)

ACTION: Award authorized. Chief Jordan to handle.

 

C2D Commission Memorandum No. 899-99

Request for Approval to Award a Contract to Murton Roofing Corporation, in the Amount of $46,158, Pursuant to Bid No. 14-99/00 for Roof Repair and Painting of the Fleet Management Building Roof. Funding: Fleet Management Budget Account.

Administration Recommendation: Approve the award.

(Fleet Management)

ACTION: Award authorized. Brad Judd to handle.

 

C2E Commission Memorandum No. 900-99

Request for Approval to Award a Standing Order to Lou's Gunshop & Police Supply, Inc. in the Estimated Annual Amount of $14,545, Pursuant to Bid No. 32-99/00 for the Purchase of Sig Sauer Ammunition Magazines and Floor Plates for the Police Department. Funding: Police Department Support Services Division of the Property Unit Account.

Administration Recommendation: Approve the award.

(Police Department)

ACTION: Standing order authorized. Chief Barreto to handle.

 

C2F Commission Memorandum No. 901-99

Request for Approval to Award a Contract to Information on Demand (IOD), Pursuant to St. Johns County Contract No. 99/93, to Manage the Issuance of Solicitation Announcements and Document Fulfillment Process for the Procurement Division.

Administration Recommendation: Approve the award.

(Procurement)

ACTION: Award authorized. Michael Rath to handle.

 

C4 - Commission Committee Assignments

C4A Referral to the Planning Board - Regal Cinema's Request to Serve Beer and Wine.

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 - Amendment to the City Code regarding Pay Telephones on Private Property.

Recommendation: Refer the matter.

(Requested by Commissioner Nancy Liebman)

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

 

C4C Referral to the Community Affairs Committee - Matters Relating to the Ethics Ordinance.

Recommendation: Refer the matter.

(Requested by Commissioner Nancy Liebman)

ACTION: Discussion held. Motion made by Commissioner Liebman to refer the Ethics Ordinance to the Community Affairs Committee; no second offered.

Motion made by Commissioner Dermer to deny the referral; seconded by Commissioner Cruz; Voice vote: 5-1; Opposed: Commissioner Liebman; Absent: Mayor Kasdin.

 

C4D Commission Memorandum No. 918-99

Referral to the Finance and Citywide Projects Committee - Five-Year Forecast for the General Fund.

Administration Recommendation: Refer the matter.

(Finance Department)

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

 

C7 - Resolutions

C7A Commission Memorandum No. 902-99

A Resolution Authorizing the Mayor and City Clerk to Execute a Short-Term Lease Agreement with Yachting Promotions, Inc. for the Use of the Out Lots and Approximately 600 Feet Along the Seawall on Indian Creek Out Lot #7 Amended Plat of Indian Beach Corporation's Sub (8-61) Which Is Directly Across from Municipal Parking Area #19-X at 46th Street and Collins Avenue for the Purpose of Docking and Mooring Used Yachts and Other Used Vessels for the Brokerage Yacht Show, for the Period of January 27, 2000, Through February 27, 2000.

Administration Recommendation: Adopt the Resolution.

(Asset Management)

ACTION: Resolution No. 99-23412 adopted. Joe Damien to handle.

 

C7B City Attorney Commission Memorandum No. 903-99

A Resolution Opposing any Initiative that Would Impose an Additional Bed Tax in Miami Beach, Bal Harbour, and Surfside, Florida.

Recommendation: Adopt the Resolution.

(City Attorney's Office)

ACTION: Resolution No. 99-23413 adopted. R. Parcher to forward a certified copy of the resolution to the Miami-Dade County Legislation Delegation with copies to Stuart Blumberg and William Talbert, III.

 

C7C Commission Memorandum No. 904-99

1. A Resolution Accepting the Recommendation of the City Manager Concerning the Appointment of Judge Robert Newman to Serve as Chief Special Master Commencing December 25, and Ending June 25, 2000, or Until a Successor Has Been Appointed, Who Shall be Authorized to Hold Administrative Hearings regarding Appeals from Citations for Violations of Miami Beach City Code Chapters and Regarding Denials, Suspensions, and Revocations of Occupational Licenses and Certificates of Use, and to Appoint Such Other Special Masters as May Reasonably be Required to Conduct Such Hearings Pursuant to City Ordinances.

2. A Resolution Accepting the Recommendation of the City Manager Concerning Appointment of Judge Robert Newman to Serve as Chief Special Master, Commencing December 25, and Ending June 25, 2000, or Until a Successor Has Been Appointed, Who Shall be Authorized to Hold Hearings and Impose Fines, Liens and Other Non-Criminal Penalties Against Violators of City Codes and Ordinances, and Shall Also be Authorized to Appoint Such Other Special Masters as May Reasonably be Required to Conduct the Subject Hearings; Incorporating All Other Matters Set Forth Within City of Miami Beach Resolution No. 98-22777 Concerning the Compensation and Duties of the Chief Special Master.

Recommendation: Adopt the Resolutions.

(City Clerk's Office)

ACTION: 1. Resolution No. 99-23414 adopted.

2. Resolution No. 99-23415 adopted. R. Parcher to handle.

 

C7D Commission Memorandum No. 905-99

A Resolution Authorizing the Mayor and City Clerk to Execute the State Housing Initiatives Partnership (SHIP) Program Agreement between the City and Miami Beach Community Development Corporation, which Provides SHIP Program Funds in the Amount of $488,208 from Fiscal Year 1998/99 to Continue a Rehabilitation Component for the Scattered-Site Home Ownership Program Providing Rehabilitation, Down Payment Assistance, Closing Cost Assistance and Home Ownership Counseling, for Units Purchased by Eligible Home Buyers Under the Rules of the SHIP Program and the City's Local Housing Assistance Plan.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 99-23416 adopted. Christina Cuervo to handle.

 

C7E Commission Memorandum No. 906-99

A Resolution Amending Resolution No. 93-20714, Which Established a Bank Account Held Jointly by the City of Miami Beach and the Housing Authority of the City of Miami Beach (Also Known in Said Resolution as "Miami Beach Housing Authority") at Barnett Bank of South Florida, N.A., Entitled "City of Miami Beach/Miami Beach Housing Authority Benefit Fund"; Providing for the Substitution of Parties Authorized to Sign Vouchers on Said Account; and Rescinding Resolutions No. 93-20840, No. 94-21104 and No. 98-22908.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 99-23417 adopted. Patricia Walker to handle.

 

C7F Commission Memorandum No. 907-99

A Resolution Granting the Florida Department of Transportation a Perpetual Easement on Collins Avenue at 24th and 26th Streets and a Temporary Easement at the City's Collins Avenue Parking Lot Located at 21st to 22nd Streets, in Association with the Collins Avenue Improvements by the Florida Department of Transportation. (Resolution to be Submitted)

Administration Recommendation: Adopt the Resolution.

(Construction Management)

1. (From the Supplemental Material Agenda)

A Resolution Granting a Perpetual Easement to the Florida Department of Transportation for Two Parcels near Collins Avenue, at 24th and 26th Streets, as Described in the Parcel 800 and 801 Sketches, to Install and Maintain a Mast Arm and Guard Rail Anchorage.

2 (From the Supplemental Material Agenda)

A Resolution Granting the State of Florida Department of Transportation a Temporary Easement within the City's Collins Park Parking Log, Located at 2101-2163 Collins Avenue, as Described in the Parcel 700 Sketch, to Construct Wells and Piping for the Parking Lot Drainage system.

ACTION: Resolutions not adopted.

Commissioner Liebman expressed concerns regarding the final plans submitted by FDOT. Commissioner Liebman requested to attend the meeting/tour with the Administration, William Cary, and FDOT. Motion made by Commissioner Liebman to defer the matter to January 12th Commission Meeting; seconded by Commissioner Bower; Voice vote: 6-0; Absent Mayor Kasdin. Matthew Schwartz to handle. Judy Hoanshelt to place on agenda.

 

C7G Commission Memorandum No. 908-99

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)

(Deferred from 12/1/99)

ACTION: Resolution No. 99-23418 adopted. Patricia Walker to handle.

 

C7H Commission Memorandum No. 909-99

A Resolution Providing Authority for Signing Vouchers on Funds in the Account Entitled "The City of Miami Beach - Hurricane Contingency Fund Account" and Rescinding Resolution No. 99-23338.

Administration Recommendation: Adopt the Resolution.

(Finance Department)

ACTION: Resolution No. 99-23419 adopted. Patricia Walker to handle.

 

C7I Commission Memorandum No. 910-99

A Resolution Providing Authority for the Signing of Vouchers Drawn on Funds in the City of Miami Beach Depositories and Rescinding Resolution No. 98-22910.

Administration Recommendation: Adopt the Resolution.

(Finance Department)

ACTION: Resolution No. 99-23420 adopted. Patricia Walker to handle.

 

C7J Commission Memorandum No. 911-99

A Resolution Providing Authority for Signing Vouchers on Funds in the Account with Spectacor Management Group (SMG) at NationsBank of South Florida, N.A., Entitled "City of Miami Beach/SMG Co-Promotion Fund Account" and Rescinding Resolution No. 98-22629.

Administration Recommendation: Adopt the Resolution.

(Finance Department)

ACTION: Resolution No. 99-23421 adopted. Patricia Walker to handle.

C7K Commission Memorandum No. 912-99

A Resolution Providing Authority for Signing Vouchers on Funds in the Account Entitled "City of Miami Beach Cultural Arts Council" and Rescinding Resolution No. 98-22945.

Administration Recommendation: Adopt the Resolution.

(Finance Department)

ACTION: Resolution No. 99-23422 adopted. Patricia Walker to handle.

 

C7L Commission Memorandum No. 913-99

A Resolution Approving a $10 Flat Rate Parking Fee for Millennium Weekend at All City of Miami Beach Parking System Attended Parking Locations. (Resolution to be Submitted)

Administration Recommendation: Adopt the Resolution.

(Parking Department)

ACTION: Resolution No. 99-23423 adopted. Jackie Gonzalez to handle.

 

C7M Commission Memorandum No. 914-99

A Resolution Retroactively Approving the Issuance of a Change Order, in the Amount of $24,840.45, and Authorizing the Issuance of a Second Change Order, in the Amount of $38,475, to Vila & Son Landscaping Corporation, Pursuant to Standing Order No. 12866 for the Completion of the Improvements to Lummus Park.

Administration Recommendation: Adopt the Resolution.

(Parks and Recreation)

ACTION: Resolution No. 99-23424 adopted. Kevin Smith to handle.

 

C7N Commission Memorandum No. 915-99

A Resolution Urging the Florida Legislature to Adopt a State Law that Will Promote Place-Sensitive Highway Design on Roads, Streets and Bridges, to Ensure that Projects Adequately Meet Transportation Needs, Exist in Harmony with Their Surroundings, and Add Lasting Value to the Communities They Serve; and Further Including this Proposal in the City's Legislative Priority Package.

Administration Recommendation: Adopt the Resolution.

(Transportation and Concurrency Management)

ACTION: Resolution No. 99-23425 adopted. Matthew Schwartz and Randy Marks to handle.

 

C7O Commission Memorandum No. 916-99

A Resolution Authorizing the Administration to Issue a Request for Proposals (RFP) for the Development of a Feasibility Study for a Permanent Electric Shuttle Facility/Intermodal Transit Center, Such Study Being Fully Funded at $67,800; and Further Appropriating a $47,800 Grant Awarded for the Purpose by the Metropolitan Planning Organization, Plus the City's $20,000 Match Utilizing Parking Enterprise Funds, as Authorized by Resolution No. 99-23233, Dated July 7, 1999.

Administration Recommendation: Adopt the Resolution.

(Transportation and Concurrency Management)

ACTION: Resolution No. 99-23426 adopted. Matthew Schwartz to handle.

City Manager Sergio Rodriguez stated that at the request of the Land Use and Development Committee the RFP will be modified to allow for development of multiple sites and the study will be expanded to reflect this.

HANDOUT:

1. Memorandum from Matthew Schwartz to Michael Rath, dated December 14, 1999, RE: Scope of Services Changes for RFP No. 27-99/00.

 

C7P Commission Memorandum No. 917-99

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute Amendment No. 5 to the Agreement between the City and Savino and Miller Design Studio to Provide Professional Architectural/Engineering Services for the Washington Avenue Streetscape Master Plan; Said Amendment in an Amount Not to Exceed $376,000 to Provide Professional Architectural/Engineering Services for Phase 2, 4, and 5 Improvements.

Administration Recommendation: Adopt the Resolution.

(Transportation and Concurrency Management)

ACTION: Resolution No. 99-23427 adopted. Matthew Schwartz to handle.

 

End of Consent Agenda

REGULAR AGENDA

R5 - Ordinances

R5A Commission Memorandum No. 919-99

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. 2:15 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Labor Relations)

(First Reading 12/1/99)

ACTION: Public hearing held. Ordinance No. 99-3220 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Liebman; ballot vote: 7-0. Mary Greenwood to handle.

 

R5B Commission Memorandum No. 920-99

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. 2:20 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Labor Relations)

(First Reading 12/1/99)

ACTION: Public hearing held. Ordinance No. 99-3221 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Bower; ballot vote: 7-0. Mary Greenwood to handle.

 

R5C Commission Memorandum No. 921-99

Nightclub Definitions and Hours of Operation

1. As Amended and Approved on First Reading by the City Commission on November 17, 1999: An Ordinance Amending the Code of the City of Miami Beach, Florida, Chapter 6 Entitled "Alcoholic Beverages", Section 6-3 Entitled "Hours of Sale"; Amending Chapter 114 Entitled "General Provisions", Section 114-1 Entitled "Definitions" ; Amending Chapter 130 Entitled "Off-Street Parking", Section 130-32 Entitled "Off-Street Parking Requirements for Parking District No. 1" Amending Chapter 142 Entitled "Zoning Districts and Regulations", Section 142-693 Entitled "Permitted Uses" and Section 142-1302 Entitled "Permitted Main and Accessory Uses"; by Amending Definitions and Operational Requirements Related to Nightclubs, Supper Clubs, Dance Halls, Bars, Alcoholic Beverage Establishments and Entertainment Establishments; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. 10:30 a.m. Public Hearing, Second and Final Reading

2. Administration Alternative Ordinance Addressing the Administration's Concerns regarding Restaurants and Nightclubs: An Ordinance Amending the Code of the City of Miami Beach, Florida, Chapter 6 Entitled "Alcoholic Beverages", Section 6-3 Entitled "Hours of Sale"; Amending Chapter 114 Entitled "General Provisions", Section 114-1 Entitled "Definitions" ; Amending Chapter 130 Entitled "Off-Street Parking", Section 130-32 Entitled "Off-Street Parking Requirements for Parking District No. 1" Amending Chapter 142 Entitled "Zoning Districts and Regulations", Section 142-693 Entitled "Permitted Uses" and Section 142-1302 Entitled "Permitted Main and Accessory Uses"; by Amending Definitions and Operational Requirements Related to Nightclubs, Supper Clubs, Dance Halls, Bars, Alcoholic Beverage Establishments and Entertainment Establishments; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date.

Administration Recommendation: Adopt the Administration Alternative Ordinance version of the proposed Ordinance, containing suggested language addressing restaurants and nightclubs.

(Planning Department)

(First Reading 11/17/99)

ACTION: Public hearing held.

Richard Barreto, Chief of Police, gave an overview of the impact of the "after hours" clubs.

Discussion held. Commissioner Cruz made the following motion: 1) No additional after hours clubs and grandfather in the four(4) existing after hours clubs; 2) Referral to the Planning Board for review of conditional use permits for regulation of after hours clubs; 3) Change the existing operating hours to be between the hours of 4:30 a.m and 9:00 a.m.; and 4) Change the current patron entry age from 18 to 21 years of age; seconded by Vice-Mayor Smith. No vote taken. Items voted on separately.

Motion made by Commissioner Liebman to approve the Administration's Alternative Ordinance addressing the Administration's concerns regarding Restaurants and Nightclubs (attachment 2 in the agenda); seconded by Commissioner Bower; voice vote: 6-0; abstained: Mayor Kasdin.

Planning Director Jorge Gomez recommended amending language in Section 6-3(3)(a) and (b) to include "restaurants with full kitchen facilities serving full meals...". Commission accepted language.

Motion made by Commissioner Cruz "alcoholic beverage sales shall stop at 5:00 a.m. and no additional alcoholic beverages may be offered for sale or on-premise consumption"; seconded by Commissioner Bower; voice vote: 6-0; abstained: Mayor Kasdin.

Motion made by Commissioner Cruz to amend the definition of Dance Hall to include: Dance Halls not also operating as alcoholic beverage establishments or restaurants with full kitchens and serving full meals may operate only between the hours of 4:00 a.m. and 9:00 a.m. on Saturday's, Sunday's and national holidays ; seconded by Commissioner Bower; voice vote: 5-1; opposed: Commissioner Dermer; abstained: Mayor Kasdin.

Motion made by Commissioner Liebman; seconded by Commissioner Bower to require conditional use approval for all new dance halls not also operating as alcoholic beverage establishments or restaurants with full kitchens and serving full meals. Additionally, any establishment subject to this provision which legally exists as of the adoption date of this ordinance (December 15, 1999), shall obtain conditional use approval by December 15, 2001; voice vote: 5-1; opposed: Commissioner Dermer; abstained: Mayor Kasdin.

Motion made by Commissioner Cruz to amend the Dance Hall definition to change the patron age for dance halls not also operating as alcoholic beverage establishments or restaurants with full kitchens and serving full meals from 18 to 21 years of age; seconded by Commissioner Bower; voice vote: 6-0; abstained: Mayor Kasdin.

Ordinance No. 99-3222 adopted as amended. Motion made by Commissioner Liebman; seconded by Commissioner Bower; ballot vote: 5-1; opposed: Commissioner Dermer; abstained: Mayor Kasdin. Jorge Gomez to amend the ordinance. Al Childress to enforce.

Commissioner Liebman requested the Administration to verify that all exterior modifications on the four existing after hours clubs/dance halls have received all necessary approvals and permits. Al Childress to handle.

The Legal Department to research and report on the issue of raising the minimum patron age from 18 to 21 for alcoholic beverage establishments.

HANDOUT:

1. Mayor Kasdin completed Form 8B. Memorandum of Voting Conflict file with meeting records.

2. South Beach Hotel and Restaurant Association, "Nightlife Issues".

3. Graph of Drug Arrests - citywide, south district, middle district, and north district.

4. Report from the National Institute on Drug Abuse - Club Drugs - Community Drug Alert Bulletin

5. Letter from Judith Chamberlain, Head of School Ransom Everglades School, to Sergio Rodriguez, dated December 13, 1999.

6. Letter from J. F. Donnelly to Mayor Kasdin and Members of the City Commission, dated December 15, 1999 and read into the record by Jared Rose.

7. Menu from Kit Kat

8. Cards from the Mix Afterhours

9. Copy of an email from Craig Smith to Mayor Kasdin and Commissioners, dated December 14, 1999.\

10. Speakers List

11. Email from Vincent Tamariz to the City of Miami Beach Webmaster, dated December 15, 1999.

12. Letter to Mayor Kasdin and Members of the City Commission, dated December 14, 1999, from Mary Verona on this subject and a number of other subjects.

 

R5D Commission Memorandum No. 922-99

Limitation on Nightclubs Locating on Lincoln Road

An Ordinance Amending the Code of the City of Miami Beach, Florida; Amending Chapter 142, Entitled "Zoning Districts and Regulations"; Section 142-332, Entitled "Main Permitted Uses" By Prohibiting Dance Halls Located on Lincoln Road, Unless Located Within a Hotel with a Minimum of 100 Hotel Units; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. 11:00 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(First Reading 11/17/99)

ACTION: Public hearing held. Ordinance No. 99-3223 adopted as amended with the following language added to the ordinance: "restaurants with full kitchen facilities serving full meals" are excluded from the effects of this ordinance. Motion made by Commissioner Liebman; seconded by Commissioner Bower; ballot vote: 7-0. Jorge Gomez to amend the ordinance. Al Childress to enforce.

 

R5E Commission Memorandum No. 923-99

Nightclub Distance Separations

An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 6 Entitled "Alcoholic Beverages", Section 6-4 Entitled "Location and Use Restrictions" by Requiring a Minimum Distance Separation Between Night Clubs, Dance Halls and Entertainment Establishments Selling Alcoholic Beverages; Amending Article V, Entitled "Specialized Use Regulations" of Section 142, Entitled "Zoning Districts and Regulations" by Requiring a Minimum Distance Separation Between Dance Halls; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. 11:15 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(First Reading 11/17/99)

ACTION: Public hearing held. Ordinance No. 99-3224 adopted as amended with the following language added to the ordinance: "restaurants with full kitchen facilities serving full meals" are excluded from the effects of this ordinance.. Motion made by Commissioner Liebman; seconded by Commissioner Bower; ballot vote: 7-0. Jorge Gomez to amend the ordinance. Al Childress to enforce.

R5F Commission Memorandum No. 924-99

Land Use Board Members Absences

An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 118 Entitled "Administration and Review Procedures"; Section 118-52, Entitled "Meetings and Procedures"; Section 118-74, Entitled "Removal"; Section 118-105, Entitled "Removal", and Section 118-133, Entitled "Removal"; By Modifying the Standards for Removal of Members from the Planning Board, Design Review Board, Historic Preservation Board and Zoning Board of Adjustment, on the Grounds of Excessive Absences; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. 11:30 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(First Reading 11/17/99)

ACTION: Public hearing held. Ordinance No. 99-3225 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Bower; ballot vote: 7-0. Jorge Gomez to handle.

 

R5G Commission Memorandum No. 925-99

Parking Regulations in Historic Districts

An Ordinance Amending the Land Development Regulations of the Code of the City of Miami Beach, by Amending Chapter 130, Article III, Entitled "Design Standards", by Amending Section 130-61 to Expand the Criteria for Surface Parking Lot Dimensions, by Amending Chapter 130, Article V, Entitled "Parking Impact Fee Program", by Amending Section 130-132 to Allow for the Removal of Certain Grade Level Parking Spaces Within Designated Historic Districts; Providing for Inclusion in the City Code; Providing for Repealer, Severability and an Effective Date. 2:00 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance as revised.

(Planning Department)

(First Reading 11/17/99)

ACTION: Public hearing held. Ordinance No. 99-3226 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Bower; ballot vote: 7-0. Jorge Gomez to handle.

Commissioner Garcia requested that the Parking and Transportation Committee review the issue of angle parking in South Beach.

Commissioner Liebman questioned the status of her request regarding the angle parking pilot project on Pennsylvania Avenue.

Mayor Kasdin stated that the issue of angle parking should not be discussed with this item and can be scheduled for a future meeting if a commissioner wishes.

 

R5H Commission Memorandum No. 926-99

Parkshore Rezoning

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 of the Property Located at 1330 West Avenue (A/K/A the Parkshore) 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. 5:00 p.m. Public Hearing, First Reading

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

(Planning Department)

ACTION: Speakers were sworn in. Public hearing held. Ordinance approved on first reading. Motion made by Commissioner Cruz; seconded by Commissioner Bower; ballot vote: 6 in favor; 1 opposed: Commissioner Liebman. Second reading and public hearing scheduled for January 26th at 2:00 p.m. R. Parcher to publish notice. Judy Hoanshelt to place on Commission agenda.

Motion made by Commissioner Liebman to refer the re-zoning of Monad Ter. From RM-2 to RM-3 to the Planning Board; seconded by Commissioner Bower; voice vote: 7-0. Jorge Gomez to handle.

HANDOUT:

1. Letter from Jae Manzella to City Commission and the Planning Department, dated December 13, 1999.

R5I Commission Memorandum No. 927-99

1) St. Francis Hospital Site - Future Land Use Map Amendment

An Ordinance Amending the Future Land Use Map of the City of Miami Beach Comprehensive Plan for the Property at 250 W. 63rd Street (A/K/A St. Francis Hospital Site) from the Current Future Land Use Category PF-RHO Public Facility (Religious, Hospital, Other), to the Proposed Future Land Use Category RM-PRD Multi-Family, Planned Residential Development; 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. 5:01 p.m. Public Hearing, Second and Final Reading

2) St. Francis Hospital Site - Comp Plan Text Amendment

An Ordinance Amending Part II: Goals, Objectives and Policies of the City of Miami Beach Comprehensive Plan, by Modifying the Category Entitled "Low Density Planned Residential Category" (RM-PRD) of Policy 1.2 of Objective 1: Land Development Regulations of the Future Land Use Element; And, 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. 5:01 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinances.

(Planning Department)

(First Reading 7/20/99)

ACTION:

1) Speakers sworn in. Public hearing held. Ordinance No. 99-3227 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Liebman; ballot vote: 6-0; absent: Commissioner Bower. Jorge Gomez to transmit the ordinance and all applicable documents to the affected State agencies.

2) Speakers sworn in. Public hearing held. Ordinance No. 99-3228 adopted. Motion made by Commissioner Smith; seconded by Commissioner Cruz; ballot vote: 7-0. Jorge Gomez to transmit the ordinance and all applicable documents to the affected State agencies.

 

R5J Commission Memorandum No. 928-99

Motion Picture Theater Hours of Operation

An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 6, Entitled "Alcoholic Beverages", Section 6-4, Entitled "Location and Use Restrictions", by Restricting the Hours of Operation of Motion Picture Theaters; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. First Reading

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

(Planning Department)

ACTION: Motion made by Commissioner Cruz to approve the ordinance on first reading amending the not permitted to operate hours from (between the hours of 2:30 a.m. and 7:30 a.m.) to (between the hours of 3:00 a.m. and 8:00 a.m. for the entire complex); seconded by Commissioner Bower; ballot vote: 6-0; absent: Commissioner Dermer. Second reading and public hearing scheduled for January 12th at 10:30 a.m. R. Parcher to publish notice. Judy Hoanshelt to place on Commission agenda.

 

R5K Commission Memorandum No. 929-99

Altos Del Mar RS-3 Development Regulations

An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 142, Entitled "Zoning Districts and Regulations", Division 2 Entitled RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts Section, Section 142-105 Entitled "Development Regulations and Area Requirements" by Setting the Minimum Lot Width for Oceanfront Lots in the RS-3 Zoning District at 50 Feet; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. First Reading

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

(Planning Department)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Cruz; seconded by Commissioner Bower; ballot vote: 7-0. Second reading and public hearing scheduled for January 26th at 2:30 p.m. R. Parcher to publish notice. Judy Hoanshelt to place on Commission agenda.

 

R5L Commission Memorandum No. 930-99

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. 10:45 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Police Department)

(Continued from 12/1/99)

ACTION: Public hearing held. Ordinance No. 99-3229 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Garcia; ballot vote: 7-0. Chief Barreto to handle.

 

R5M Commission Memorandum No. 931-99

An Ordinance Amending Miami Beach City Code Chapter 70, Entitled "Miscellaneous Offenses", by Amending Article II, Entitled "Public Places", by Amending Division 3, Entitled "Alcoholic Beverages", by Amending Section 70-87, Entitled "Consumption, Service, Sale and Possession of Open Containers of Alcoholic Beverages On or In Public Places, Warning Signs Required", by Amending Signage Requirements; Providing for Repealer, Severability, Codification, and an Effective Date. First Reading

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

(Police Department)

ACTION: Deferred to the January 12th Commission meeting. Judy Hoanshelt to place on the Commission agenda.

 

R5N Commission Memorandum No. 932-99

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. 2:25 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Requested by Commissioner Simon Cruz)

(First Reading 12/1/99)

ACTION: Public hearing held. Ordinance No. 99-3230 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Bower; ballot vote: 7-0. Christina Cuervo to handle.

 

R6 - Commission Committee Reports

R6A Commission Memorandum No. 937-99

Report on the Joint Meeting of Finance and Citywide Projects Committee, General Obligation Bond Oversight Committee, and the Neighborhoods Committee of December 8, 1999 regarding: 1) Referral of the $92 Million General Obligation Bond Issue; and, 2) Referral of the Heliport Located on the Roof Top (South Side) of the Miami Beach Police Department, 1130 Washington Avenue, and the Noise Affecting the Surrounding Area.

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

 

R6B Verbal Report on the Finance and Citywide Projects Committee Meeting of December 9, 1999 regarding: 1) Report on the Bass Museum; and, 2) 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.

ACTION: Withdrawn.

 

R6C Verbal Report on the Joint Meeting of Land Use and Development Committee and the Parking and Transportation Committee of December 13, 1999 of a Discussion regarding a Proposal to Alleviate Traffic on Alton Road between Dade Boulevard and 15th Street.

ACTION: Deferred to the January 12th Commission meeting. Judy Hoanshelt to place on the Commission agenda.

 

R6D Verbal Report on the Finance and Citywide Projects Committee Meeting of December 13, 1999 of a Discussion regarding a Request that the City of Miami Beach Issue Bonds in 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.

ACTION: Bond Counsel Luis Reiter presented the report to the Commission. He will be reporting back to the City early next year with a bond resolution and requested conceptual approval.

Mayor Kasdin stated that the request is approved in concept unless any commissioner objected. No opposition was voiced.

Fee schedule to be developed. Patricia Walker to handle.

HANDOUT: Copy of the written report of the Finance and Citywide Projects Committee meeting held on December 13, 1999.

 

R6E Verbal Report on the Joint Meeting of the Land Use and Development Committee and the Finance and Citywide Projects Committee of December 13, 1999 regarding a Discussion on Development Opportunity at 17th Street and Meridian Avenue.

ACTION: Deferred to the January 12th Commission meeting. Judy Hoanshelt to place on the Commission agenda.

 

R6F Verbal Report on the Land Use and Development Committee Meeting of December 13, 1999 of a Discussion regarding an Ordinance for Covenants in Lieu of Unity of Title.

ACTION: Deferred to the January 12th Commission meeting. Judy Hoanshelt to place on the Commission agenda.

 

R7 - Resolutions

R7A City Attorney Commission Memorandum No. 933-99

A Resolution Approving an Agreement between the City of Miami Beach and City Manager Lawrence A. Levy, and Authorizing the Mayor and City Clerk to Execute the Agreement.

Recommendation: Adopt the Resolution.

(City Attorney's Office)

ACTION: Resolution No. 99-23428 adopted. Motion made by Vice-Mayor Smith; seconded by Commissioner Bower; voice vote: 7-0. R. Parcher to handle.

City Clerk's Note: Signed oath filed with the resolution.

 

R7B Commission Memorandum No. 934-99

A Resolution Ratifying Revisions of the Current Labor Agreement between the City and the International Association of Fire Fighters, Local 1510 (IAFF), Concerning a Second Window Period from January 1, 2000 through March 31, 2000 for Eligible Employees to Buy Back Previous City Creditable Pension Service Time for Provisional or Probationary Time and for Eligible Current Employees to Begin Their Participation in the Deferred Retirement Option Program (DROP) at any Point between October 1, 1998 and March 31, 2000 and Authorize the Mayor and City Clerk to Execute the Agreement.

Administration Recommendation: Adopt the Resolution.

(Labor Relations)

ACTION: Resolution No. 99-23429 adopted. Motion made by Commissioner Bower; seconded by Vice-Mayor Smith; voice vote: 7-0. Mary Greenwood to handle.

 

R7C Commission Memorandum No. 935-99

A Resolution Ratifying Revision of the Memorandum of Understanding and Revision of the Current Labor Agreement between the City and the Fraternal Order of Police, William Nichols Lodge No. 8 (FOP), Concerning a Second Window Period from January 1, 2000 through March 31, 2000 for Eligible Employees to Buy Back Previous City Creditable Pension Service Time for Provisional or Probationary Time and for Eligible Current Employees to Begin Their Participation in the Deferred Retirement Option Program (DROP) at any Point between October 1, 1998 and March 31, 2000 and Authorize the Mayor and City Clerk to Execute the Agreement.

Administration Recommendation: Adopt the Resolution.

(Labor Relations)

ACTION: Resolution No. 99-23430 adopted. Motion made by Vice-Mayor Smith; seconded by Commissioner Garcia; voice vote: 7-0. Mary Greenwood to handle.

 

R7D Commission Memorandum No. 936-99

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute a First Amendment to the Service Agreement between the City and Onyx Florida, LLC, for City of Miami Beach Residential Solid Waste Collection and Yard Trash Collection, by Revising the Bulk Waste Pickup Schedule.

Administration Recommendation: Adopt the Resolution.

(Sanitation Department)

ACTION: Resolution No. 99-23431 adopted. Motion made by Commissioner Bower; seconded by Commissioner Liebman; voice vote: 7-0. Letters to be sent informing the residents of the new pickup schedule. Matthew Schwartz to handle.

 

R7E 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 12/1/99)

ACTION: Deferred to the January 12th Commission meeting. Based on the action taken at the Committee-of-the-Whole meeting held during the lunch recess, Judy Hoanshelt to check with Commissioner Cruz to see if this item can be withdrawn.

 

R7F Commission Memorandum No. 945-99 (Add-on from Supplemental Material Agenda)

A Resolution Adopting the Third Amendment to the Police Confiscation Trust Fund for Fiscal Year 1999/00, in the Amount of $10,000, Funded from the Proceeds of State Confiscation Funds.

(Police Department)

(Hear in Conjunction with R6A)

ACTION: Resolution No. 99-23432 adopted. Motion made by Vice-Mayor Smith; seconded by Commissioner Garcia; voice vote: 7-0.

 

R9 - New Business and Commission Requests

R9A Commission Memorandum No. 938-99

Board and Committee Appointments for the Meeting of December 15, 1999.

(City Clerk's Office)

1. Commission Memorandum No.

Miami Beach Cultural Arts Council Vacancies.

(Arts, Culture and Entertainment)

ACTION: The following appointments were made:

Community Relations Board:

Jacqueline S. Hertz term expires 12/31/2001 Commissioner Cruz

Marc Lichtman term expires 12/31/2001 Commissioner Liebman

Commission on the Status of Women

Gail L. Harris term expires 12/31/2001 Commissioner Liebman

Gertrude Arfa term expires 12/31/2001 Mayor Kasdin

Committee on the Homeless

Dr. Zeiven Ben Beitchman term expires 12/31/2001 Mayor Kasdin

Parks and Recreational Facilities

Lazaro Martinez term expires 12/31/2001 Commissioner Smith

Committee for Quality Education in Miami Beach

Maria Ruiz City Manager Sergio Rodriguez

 

R9B Presentation by Saul Gross on Recommendations from the Business Resolution Task Force.

(Requested by Commissioner Simon Cruz)

1. Commission Memorandum No. 940-99

Business Resolution Task Force.

ACTION: Deferred to the January 12th Commission meeting. Judy Hoanshelt to place on the Commission agenda.

 

R9C Discussion regarding Domino Park.

(Requested by Commissioner Simon Cruz)

ACTION: Withdrawn by Commissioner Cruz.

 

R9D Discussion regarding Goals for Public Education on the Beach.

(Requested by Mayor Neisen Kasdin)

ACTION: Town of Surfside Mayor Paul Novack addressed the Commission on the condition and deterioration of Miami Beach Senior High School. Mayor Novack stated that the High School is in deplorable condition and requested the assistance from the Miami Beach Commission in persuading the School Board to renovate and/or construct a new high school on the site.

Resolution No. 99-23433 adopted. Motion made by Commissioner Garcia to adopt the resolution which was presented by Mayor Novack; seconded by Vice-Mayor Smith; voice vote: 7-0. R. Parcher to prepare resolution and forward copies to Dr. Krop and members of the School Board and a copy to Mayor Novack. R. Parcher to handle.

HANDOUT: Copy of a resolution approved by the Town of Surfside.

 

R9E Presentation regarding the Entertainment Industry's Inventory.

(Requested by Commissioner Matti Bower)

ACTION: Presentation made by Ms. Rebecca Dirden Mattingly, Film Commissioner, Office of Tourism, Trade and Economic Development of the Governor's Office. PowerPoint presentation given by Dennis Leyva and Kevin Crowder.

HANDOUT: Copy of the PowerPoint.

 

R9F Report regarding the Successful Amendment to the Federal Trademark Law.

(Requested by Commissioner Nancy Liebman)

ACTION: Mayor Kasdin reported on the successful efforts of Commissioner Liebman to change Federal Law as it relates to Federal Trademarks.

Commissioner Liebman publicly thanked the Historic Preservation staff, Ms. Heidi Siegel, Rep. E. Clay Shaw, Rep. Howard Cobel, Mitch Glazer, Thomas Mooney, Tony Goldman, Gary Held, Sergio Rodriguez, Christina Cuervo and Federal Lobbyist Marilyn Barry Thompson.

HANDOUT:

1. Copy of an Miami Herald article written by Sara Olkon

 

R9G Discussion regarding Art Deco Weekend.

(Requested by Commissioner Nancy Liebman)

ACTION: Mr. Michael Kinerk presented to the Commission the funding problems for the upcoming Art Deco Weekend and requested financial assistance from the Commission to cover the shortfall.

Motion was made by Commissioner Liebman directing Administration to review the staffing levels of City services and to attempt to find a possible solution; seconded by Commissioner Bower; voice vote: 7-0. James Quinlan to handle.

 

R9H Committee of the Whole Meeting to be Held During Lunch Recess to Allow for Input and Discussion regarding the Mayor and City Commission Office Staff.

(Requested by Mayor Neisen Kasdin)

ACTION: Committee-of-the-Whole meeting was held in the City Manager's large conference room. The meeting was called to order at 3:10 p.m. with the Mayor and all city commissioners present. The Mayor explained how the Office of the Mayor is run. Patricia Walker explained the current budget and presented several different staffing options. Discussion continued.

Commissioner Cruz made a motion that each commissioner should have their own aide and to continue sharing secretaries. Patricia Walker to prepare budget increasing the Mayor Office staff by one (1) secretary position and four (4) aide positions (one for the Mayor and three for the commission). Additionally, the Mayor will work with the Patricia to split the budget (training and promotion accounts) so that each commissioner may administer their own budget. Meeting adjourned at 3:59 p.m.

HANDOUT:

1. Audio tape of the meeting.

2. Report titled - Comparative City Information

3. Budget of the Mayor & City Commission

 

R9I Discussion regarding the Awarding of Contracts for Hispanic Newspapers.

(Requested by Commissioner Simon Cruz)

ACTION: Deferred to the January 12th Commission meeting. Judy Hoanshelt to place on the Commission agenda.

 

R9J Annual Evaluation of City Attorney.

(Requested by Mayor Neisen Kasdin)

ACTION: Evaluation approved. Motion made by Commissioner Liebman; seconded by Vice-Mayor Smith; voice vote: 7-0. City Attorney awarded deferred compensation in the amount of $7,500. Patricia Walker to handle.

Mayor Kasdin raised the following concerns: 1) More timely response to requests for legal opinions; and 2) To be better prepared, there needs to be greater anticipation by the City Attorney's office of what may be transpiring at Commission meetings.

 

R9K Update on the Progress of the Sidewalk Cafe Ordinance.

(Requested by Commissioner Luis Garcia)

ACTION: Deferred to the January 12th Commission meeting. Judy Hoanshelt to place on the Commission agenda.

 

R9L Update regarding Beach Erosion, Specifically at 65th Street.

(Requested by Commissioner Luis Garcia)

ACTION: Deferred to the January 12th Commission meeting. Judy Hoanshelt to place on the Commission agenda.

 

R9M Discussion to Consider Assisting with the Ocean Drive Fireworks Show Planned for the New Year.

(Requested by Mayor Neisen Kasdin)

(Hear in Conjunction with Item A)

ACTION: Mayor Kasdin complimented Commissioner Garcia and City Manager Sergio Rodriguez for securing $250,000 from Miami-Dade County to be used for the Millennium Weekend.

Mayor Kasdin stated that he had received a request from the Ocean Drive Association for financial assistance for the fireworks display being planned.

Administration to review the request and make funds available up to $25,000. Motion made by Commissioner Bower; seconded by Commissioner Liebman; voice vote: 7-0. Funding to be made available from Resort Tax or the $250,000.

 

End of Regular Agenda

Reports and Informational Items

A Commission Memorandum No. 941-99

Status Report on City Planning for Millennium Weekend.

(City Manager's Office)

(Hear in Conjunction with R9M)

ACTION: Written report submitted.

 

B Commission Memorandum No. 942-99

Status Report on the Cultural Campus.

(City Manager's Office)

ACTION: Written report submitted.

 

C Commission Memorandum No. 943-99

An Analysis of Performance Measurement Achievements for the Quarter Ended September 30, 1999, Within the Departments of Code Compliance, Fire, Fleet Management, Parks & Recreation, Planning, and Risk Management

(Management and Budget)

ACTION: Written report submitted.

 

D Commission Memorandum No. 944-99

Public Hearings before the Planning Board Meeting of December 20, 1999: 1) Conditional Use - Outdoor Entertainment Establishment - 720 Ocean Drive; 2) Conditional Use - Outdoor Entertainment Establishment - 740 Ocean Drive; 3) Conditional Use - Outdoor Entertainment Establishment - 700 Ocean Drive; 4) Conditional Use - Outdoor Entertainment Establishment - 940 Ocean Drive; 5) Conditional Use - Dock - 2821 Lake Avenue (Sunset Island #1); 6) Conditional Use - Parking Lot - 1407 West Avenue; and, 7) Resolution - Revised Evaluation and Appraisal Report (EAR).

(Planning Department)

ACTION: Written report submitted.

 

Mayor and City Commission thanked Sergio for his hard work, commitment to the City and how he served the City in an honorable and distinguished manner.

 

Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

December 15, 1999 - 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 Sergio Rodriguez

Assistant Director Christina M. Cuervo

Assistant Director Mayra Diaz Buttacavoli

General Counsel Murray H. Dubbin

Secretary Robert E. Parcher

AGENDA

1. ROLL CALL

2. OLD BUSINESS

A. Redevelopment Agency Memorandum No. 99-68

Anchor Shops and Parking - Monthly Report on Parking Operations, Month of October, 1999.

ACTION: Written report submitted.

 

3. NEW BUSINESS

A. Redevelopment Agency Memorandum No. 99-69

Report of the Itemized Revenues and Expenditures of the Miami Beach Redevelopment Agency for the One Month Ended October 31, 1999.

(Distributed Under Separate Cover)

ACTION: Written report submitted.

 

B. Redevelopment Agency Memorandum No. 99-70

A Resolution Appropriating $106,463.74 from Available 1998 Tax Increment Revenue Bond Proceeds, in Order to Reimburse RDP Royal Palm Limited Partnership for Remediation Costs Incurred in Connection With the Royal Palm Crowne Plaza Resort Project, in Accordance with the Indemnification Clause in Section 35 of the Hotel Development Agreement between the Miami Beach Redevelopment Agency and RDP Royal Palm Limited Partnership.

ACTION: Resolution No. 332-99 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Cruz; voice vote: 6-0; absent: Mayor Kasdin. Christina Cuervo to handle.

 

C. Redevelopment Agency Memorandum No. 99-71

A Resolution Approving Quik Park of Florida, Inc. as the Subtenant of RDP Royal Palm Hotel Limited Partnership Pursuant to Section 10.1(c)(vii) of the Agreement of Lease between the Miami Beach Redevelopment Agency and RDP Royal Palm Hotel Limited Partnership.

ACTION: Resolution No. 333-99 adopted as amended in the "NOW THEREFORE" paragraph: "...provided, however, this approval shall not be construed as approval of Quik Park's performance nor waiver of the Agency's right of enforcement or cancellation of said sublease." Motion made by Commissioner Cruz; seconded by Commissioner Liebman; voice vote: 7-0. Christina Cuervo to handle. Patricia Walker to handle.

 

D. Redevelopment Agency Memorandum No. 99-72

A Resolution Authorizing Signatories to Execute Vouchers Drawing Funds in the Miami Beach Redevelopment Agency Bank Accounts at NationsBank.

ACTION: Resolution No. 334-99 adopted. Motion made by Commissioner Garcia; seconded by Commissioner Liebman; voice vote: 7-0.

 

E. Redevelopment Agency Memorandum No. 99-73

A Resolution Appropriating $317,522.11 from Revenue Derived from the Operation of the Anchor Shops and Parking Garage, in Order to Pay the 1999 Ad Valorem Property Taxes in the Amount of $317,522.11 on the Anchor Shops and Parking Garage.

ACTION: Resolution No. 335-99 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Bower; voice vote: 7-0. Christina Cuervo to handle.

 

End of Agenda