City of Miami Beach - City Commission Meeting

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

December 16, 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

PA1 Proclamation to Eric Jacobs for Srvg as Chair of VCA for 22 Yrs. 1

PA2 Certificate of Apprec/Cheryl Marken, United Way Campaign for City Hall.

PA3 New Item: N. Beach Video Presentation.

PA4 New Item: Proclamation to PAL/40th Anniversary.

PA5 New Item: Cert of Apprec/Off. Herman Press, Stanley Arkin, Judge H. Gross.

C2A PO, Two '99 Chevrolet Suburbans, $65,188. 3

C2B PO, Two '99 Rescue Vehicles, $250,605. 5

C2C PO, Four '99 Ford Pickup Trucks, $69,095. 33

C2D BA 118-97/00, Preventive Maintenance: Emergency Generators, $18,000. 35

C2E BA 12-98/99, Lease Modular Bldg: Temp. Clubhouse,etc. Bayshore, $87,308. 37

C4A Referral to Spec. Land Use & Dev. Comm. - Beach Master Plan. 41

C4B Referral to Beach Preservation Comm. - Beach Master Plan. (Dermer) 43

C4C Referral to Fin. & Citywide Proj. Comm - '99 State Leg. Priorities. 45

C4D Referral to Fin.&Citywide Proj. Comm-108 Loan Application, DiLido Beach. 47

C4E Referral to Finance & Citywide Proj. Comm-Update $59M Water & Sewers. 49

C4F Referral to Neighborhoods Comm/Report: North Beach Master Plan.(Smith) 53

C7A Issue a RFQ from Marketing Firms to Develop Marketing Plan. 55

C7B Placement of 55 Banners for Superbowl XXXIII. 81

C7C Grant Award of $19,300 to Cultural Organizations. 87

C7D S - 4th Amendment to Settlement Agmt w/Greenspace, Inc., Et Al. 91

C7E Appointment of Judge Robert Newman as Chief Special Master. 99

C7F Reallocation of Quality of Life Funds for North Beach. 105

C7G S - Estb. Memorial Grove & Sculpture for HIV/Aids Victims. 111

C7H Neg/Agmt re: RFP 55-97/98, Violations/Inspections/Permitting System. 117

C7I Accept $500 Donation to Sponsor a Citizen's Police Academy Class. 123

C7J PO, Replace 3 Above-Ground Fuel Storage Tanks Srv Emer. Generators. 125

C7K Set P. Hrg: Revocable Permit Request from Signature Resorts. 129

C7L Amend Agmt for A/E Srvs: Wash. Ave. Streetscape Master Plan. 133

C7M Grant Application, National Football League Charities. 137

R5A 11:00 a.m., 2nd Rdg, Amend Ch. 2, Agencies, Bds&Comm., Excused Absences. 139

R5B 11:30 a.m., 2nd Rdg, Amend Emp. Salary Ord. 1605, Legal Receptionist. 143

R5C D - 1st Rdg, Amend Chap. 82, Add Criteria re:Placing Monuments&Memorials. 149

R5D 1st Rdg, Amend Chap. 82, Art in Public Places Comm, re: Art Donations. 157

R5E 1st Rdg, Amend Ord. 83-2398, Deferred Compensation Ord. 161

R5F 2:30 p.m. 2nd Rdg, Amend Chap. 118, Disclosure Requirement. 5/7ths 165

R5G 1st Rdg, Amend Chap. 142, Zoning: Limit Bldg Heights. 5/7ths 174

R5H 1st Rdg, Amend Chap. 138, Signs: Prohibit Balloon Signs. 5/7ths 183

R5I 1st Rdg, Amend Chap. 118, Land Development Regulations. 5/7ths 187

R5J 1st Rdg, Amend Chap. 2, Provide Cone of Silence Provision. (Smith) 193

R6A Verbal Report: Spec. Finance & Citywide Proj. Comm. Mtg, Dec. 10, 1998. 199

R6B Verbal Report: Land Use & Dev. Comm. Mtg, December 14, 1998. 201

R7A Approve CMB's Revised Guidelines for Special Events Permit Requirements. 203

R7B Accept Criteria Estb. by Comm. Affairs Comm, re:Monuments & Memorials. 239

R7C Accept Policy/Criteria: Review & Recomm. to Accept Art Donations. 243

R7D 9:30 a.m., Agmt w/Greater Miami Convention and Visitors Bureau. 247

R7E 10:00 a.m. Joint, Appropropriate $30,000 for Jobs Consortium. 251

R7F 10:00 a.m., Approve Funds for Wash. Avenue Streetscape Project. 263

R7G 5:00 p.m., Waive Dev. Regs to Construct Addition to Youth Ctr. 5/7ths 269

R7H Grant Application to Renovate NSOSP, $2,100,000. 275

R7I A-New Item: Resolution in Memoriam of Governor Lawton Chiles.

R9A Board and Committee Appointments. 279

R9B 4:30 p.m., Disc: Construct New Elementary and/or Middle School.(Kasdin) 317

R9C 4:30 p.m., Disc: Construct PLC in N. Beach/Renov. Biscayne Elem.(Smith) 321

R9D Disc: Letter from Michael Breslow re: MB Conv. Ctr Advisory Bd.(Smith) 323

R9E Disc: Citywide Maintenance/Landscaping. (Gottlieb) 327

R9F Disc: Annual Review/Evaluation: Performance of City Attorney.(Kasdin) 329

R9G 10:30 a.m., Disc: Beach Master Plan, & Beachfront Concessions. (Liebman) 335

R9H A-New Item: Disc: Art in Public Places Recomm.re: Morris Lapidus.(Liebman)

R10A Noon Break: Closed Executive Session. 337

REPORTS AND INFORMATIONAL ITEMS

A Analysis of Performance Measurement Achievements for FY Ended 9/30/98. 339

B Public Hrgs before Dec. 15, 1998 Planning Board Mtg. 365

C Update on FPL's Frequent Power Outages. 367

D Status Report on the Progress of North Beach Construction. 371

REDEVELOPMENT AGENCY ITEMS - 10:00 A.M.

2A Prohibit RDA Funds-Finance Private Proj. (Shapiro) 1

3A Joint, Rescind Reso re: Miami Beach Jobs Consortium. 7

3B Funds for Washington Avenue Streetscape Projects. 19

Call to Order - 9:21 a.m.

Inspirational Message and Pledge of Allegiance

Requests for Additions, Withdrawals, and Deferrals

PA - Presentations and Awards

PA1 A Proclamation to be Presented by Mayor Neisen Kasdin to Eric Jacobs for Serving as the Chairman of the Miami Beach Visitors and Convention Authority (VCA) for 22 Years.

ACTION: Proclamation presented.

PA2 Certificate of Appreciation to be Presented to the Cheryl Marken of the Community/Economic Development Department for Spearheading the United Way Campaign for City Hall. (36% Increase from Last Year)

ACTION: Certificate presented.

PA3 North Beach Video Presentation. (Add-On)

ACTION: Video presentation given.

Handout: Copy of the North Beach Beat, December 1998 Vol 1 No. 2

PA4 A Proclamation to be Presented to the Miami Beach Police Athletic League/40th Anniversary (Add On)

ACTION: Proclamation presented.

PA5 Certificates of Appreciation to be Presented to: Officer Herman Press, Mr. Stanley Arkin and Judge Howard Gross (Add On)

ACTION: Certificates presented.

Emergency Add-on Item:

Sidney Weisburd explained that as of January 1 there will be no parking for the staff of the Stanley C. Meyers. To resolve this problem they need to use the parking lot across the street, on the east side of Alton Road. Motion to add the item to the agenda as an emergency made by Commissioner Liebman; seconded by Commissioner Gottlieb; voice vote: 7-0. Motion made by Commissioner Gottlieb to permit use of the provisional parking lot to January 6th; Stanley Myers to report back at the January 6th Commission meeting with different parking options; seconded by Commissioner Liebman; voice vote: 7-0. Issue to be placed on the January 6th Commission meeting with back-up materials and a recommendation from the Administration. Dean Grandin to handle. Judy Hoanshelt to place on January 6 agenda.

Emergency Add-on Item:

Commissioner Gottlieb made a motion to add the following items to the agenda as emergencies: R7I and R9H; seconded by Commissioner Liebman; voice vote: 7-0.

CONSENT AGENDA

Consent Agenda approved. Motion made by Commissioner Liebman, seconded by Vice-Mayor Cruz; Vote: 7-0

C2 - Competitive Bid Reports

C2A Commission Memorandum No. 823-98

Request for Approval to Award a Purchase Order to Garber Chevrolet, in the Amount of $65,188, Pursuant to the State of Florida Contract No. 070-001-99-1 for the Purchase of Two (2) 1999 Chevrolet 3/4-Ton 4x4 4-Door Suburbans. Funding: Fleet Management Budget Account.

Administration Recommendation: Approve the award.

(Fire Department)

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

 

C2B Commission Memorandum No. 824-98

Request for Approval to Award a Purchase Order to Aero Products, in the Amount of $250,605, Pursuant to the City of Jacksonville's Bid No. SC-0384-98 for the Purchase of Two (2) 1999 Rescue Vehicles. Funding: Fleet Management Budget Account.

Administration Recommendation: Approve the award.

(Fire Department)

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

C2C Commission Memorandum No. 825-98

Request for Approval to Award a Purchase Order to Duval Ford, in the Amount of $69,095, Pursuant to the Florida Sheriff's Association Contract No. 98-06-0914 for the Purchase of Four (4) 1999 Ford F150 ½-Ton 4x2 Pickup Trucks. Funding: Mid Beach Area Property Management Budget Account, North Beach Area Property Management Account and Fleet Management Account.

Administration Recommendation: Approve the award.

(Fleet Management/Property Management/Recreation, Culture and Parks)

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

C2D Commission Memorandum No. 826-98

Request for Approval to Award a One (1) Year Contract to Power Depot, Inc. in the Amount of $18,000, Pursuant to Bid No. 118-97/00 for the Preventive Maintenance of Emergency Generators with an Option to Renew for Two (2) Additional One (1) Year Periods. Funding: Property Management Budget Account.

Administration Recommendation: Approve the award.

(Property Management)

ACTION: Award approved. Brad Judd to handle.

C2E Commission Memorandum No. 827-98

Request for Approval to Award a Purchase Order to Advanced Modular Systems, Inc., in the Amount of $87,308, Pursuant to Bid No. 12-98/99 for the Lease of a Modular Building for Use as a Temporary Clubhouse, Pro-Shop and Restaurant for the Bayshore Golf Course. Funding: Parks Department Budget Account. Funds will be budgeted in Fiscal Years 99/00 and 00/01 for remaining lease term.

Administration Recommendation: Approve the award.

(Property Management Department/Recreation, Culture & Parks)

ACTION: Award approved. Mike Rath to issue Purchase Order. Brad Judd and Kevin Smith to handle.

C4 - Commission Committee Assignments

C4A Commission Memorandum No. 828-98

Referral to a Special Meeting of the Land Use and Development Committee - Beach Master Plan.

Administration Recommendation: Refer the matter.

(City Manager's Office)

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

C4B Referral of the Beach Master Plan to the Beach Preservation Committee.

(Requested by Commissioner David Dermer)

ACTION: Referred. Bruce Henderson to place on committee agenda.

C4C Commission Memorandum No. 829-98

Referral to the Finance and Citywide Projects Committee - State Legislative Priorities for 1999.

Administration Recommendation: Refer the matter.

(Community/Economic Development)

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

C4D Commission Memorandum No. 830-98

Referral to the Finance and Citywide Projects Committee to Discuss a Request from DiLido Beach Hotel Corporation for the City of Miami Beach to Submit a Section 108 Loan Application for $10 Million and to Submit an Economic Development Initiative Grant Request for $1.0 Million to U.S. HUD on Their Behalf.

Administration Recommendation: Refer the matter.

(Community/Economic Development)

ACTION: Motion to refer the item made by Commissioner Smith; seconded by Commissioner Liebman; voice vote: 7-0 Patricia Walker to place on committee agenda.

Administration to prepare a report identifying the pro’s and con’s of entering into a section 108 loan.

C4E Commission Memorandum No. 831-98

Referral to the Finance and Citywide Projects Committee - Update on the $59 Million Water and Sewer Bond Program and Pump Stations Upgrades Project.

Administration Recommendation: Refer the matter.

(Public Works)

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

Administration to prepare a report reflecting: 1. How the bond money has been spent, when and to whom; and 2. Identify the relationship between this expenditures and the rates being charged.

C4F Referral to Neighborhoods Committee - Report on the North Beach Master Plan.

Recommendation: Refer the matter.

(Requested by Commissioner Jose Smith)

ACTION: Referred. Ronnie Singer to place on 12/17 committee agenda.

C7 - Resolutions

C7A Commission Memorandum No. 832-98

A Resolution Authorizing the Administration to Issue a Request For Qualifications (RFQ) from Marketing Firms to Assist the Cultural Arts Council in Developing and Implementing a Marketing Plan.

Administration Recommendation: Adopt the Resolution.

(Office of Arts, Culture and Entertainment)

ACTION: Resolution No. 98-22989 adopted. James Quinlan to handle.

Administration to include in all future RFP's, RFQ's, and RFLI’s a requirement that responders identify essentially the following: In order to determine whether the members of the Evaluation Committee for this RFP’s, RFQ’s and RFLI’s have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any proposer and/or individuals and entities comprising or representing such proposer, and in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relations firms, lawyers and lobbyists. Additional, the responder is responsible for updating the information as it changes. Mike Rath to handle.

C7B Commission Memorandum No. 833-98

A Resolution Approving and Authorizing the Placement of 55 Banners for Superbowl XXXIII , to Be Held at Pro Player Stadium from January 31, 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; and Alton Road, from Dade Boulevard to 5th Street; 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 January 16, 1999, and Removed by February 1, 1999.

Administration Recommendation: Adopt the Resolution.

(Office of Arts, Culture and Entertainment)

ACTION: Motion made by Commissioner Gottlieb to adopt the resolution; seconded by Commissioner Smith; voice vote 6-1 (opposed Commissioner Liebman). Resolution No. 98-22990 adopted. James Quinlan to handle.

C7C Commission Memorandum No. 834-98

A Resolution Approving Recommendations from the Cultural Arts Council for 1998/99 Grant Award in the Amount of $19,300 to Cultural Organizations; and Further Authorizing the Mayor and City Clerk to Execute Cultural Arts Council Grant Agreements.

Administration Recommendation: Adopt the Resolution.

(Office of Arts, Culture and Entertainment)

ACTION: Resolution No. 98-22991 adopted. James Quinlan to handle.

C7D City Attorney Commission Memorandum No. 835-98

A Resolution Approving the Fourth Amendment to the Settlement Agreement regarding Citizens for Greenspace, Inc., Et Al v. City of Miami Beach, Et Al, U.S. District Court, South District of Florida, Case No. 92-1594-CIV-Graham/Extension of Settlement Agreement and Payment of Attorneys Fees from Escrow Account.

Administration Recommendation: Adopt the Resolution.

(City Attorney's Office)

(Resolution in Legal - To be Submitted)

ACTION: Resolution No. 98-22992 adopted. Legal Department to handle.

C7E Commission Memorandum No. 836-98

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 24, 1998 and Ending June 24, 1999, 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 Miami Beach City Manager Concerning Appointment of Judge Robert Newman to Serve as Chief Special Master, Commencing December 24, 1998 and Ending June 24, 1999, 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.

Administration Recommendation: Adopt the Resolutions.

(City Clerk's Office)

ACTION:

1. Resolution No. 98-22993 adopted. R. Parcher to handle.

2. Resolution No. 98-22994 adopted. R. Parcher to handle.

C7F Commission Memorandum No. 837-98

A Resolution Approving and Authorizing the North Beach Quality of Life (FY 96/97) Reprogramming of Funds from Parking Improvements to Fairway Park in the Amount of $43,000, to the North Beach Marketing Plan Initially Funded for $7,000, Provided that those Funds are Replaced in the 1997/98 Quality of Life Funding Allocations.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

(Resolution in Legal - To be Submitted)

ACTION: Resolution No. 98-22995 adopted. Janet Gavarrete to handle.

Motion made by Commissioner Dermer to insure that the $50,000 in Quality-of -Life funding for the parking at Fairway Park will take first priority in the budget process; seconded by Commissioner Smith; voice vote: 7-0.

Commissioner Smith stated that if there is going to be a change in any allocations, the City Commission should approve. Commission clarified that the City Manager can approve allocation changes of less than $10,000.

Commissioner Dermer stated that the baseball field lights have not been installed.

C7G Commission Memorandum No. 838-98

A Resolution Accepting the Recommendation of the Community Affairs Committee Regarding the Establishment of a Memorial Grove and Sculpture on Miami Beach in Dedication to People Living with HIV and in Memorium to Victims of Aids.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Resolution No. 98-22996 adopted as amended. Judy Hoanshelt to handle.

Motion made by Commissioner Liebman to refer the item to Art in Public Places committee for their recommendation of a suitable place for the Memorial; seconded by Commissioner Gottlieb; voice vote: 6-0 Absent Mayor Kasdin. Ronnie Singer to handle. Julio Grave de Peralta to place on committee agenda.

C7H Commission Memorandum No. 839-98

A Resolution Authorizing the Administration to Enter into Negotiations and Contract with Sierra Computer Systems, Pursuant to Request for Proposals (RFP) No. 55-97/98, to Provide a Violations/Inspections/ Permitting System, and with Information Discovery Systems for Related Data Conversion Services, in an Amount not to Exceed a Total of $179,777, and to Authorize the Mayor and City Clerk to Execute the Contracts. Funding: Information Technology Internal Services Fund.

Administration Recommendation: Adopt the Resolution.

(Information Technology)

ACTION: Resolution No. 98-22997 adopted. R. Parcher to handle.

C7I Commission Memorandum No. 840-98

A Resolution Accepting a Donation from the Miami Beach Ocean Resort Hotel, in the Amount of $500, for Sponsorship of a Citizen's Police Academy Class.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 98-22998 adopted. Patricia Walker and Chief Barreto to handle.

C7J Commission Memorandum No. 841-98

A Resolution Approving the Award of a Purchase Order, in the Amount of $54,486, to WRS Infrastructure & Environment, Inc., for the Replacement of the Three Above Ground Fuel Storage Tanks Servicing the Emergency Generators at Fire Station Nos. 2 and 3, and Authorizing the Appropriation of $58,300, from Reallocated Bond Fund 351, into Work Order No. 2066, to Fund the Required Work and to Provide for Environmental Compliance and Construction Management Services.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 98-22999 adopted. Mike Rath to issue Purchase Order. Julio Grave de Peralta to handle.

C7K Commission Memorandum No. 842-98

A Resolution Calling for a Public Hearing to Consider a Request for a Revocable Permit Request (Code 82-92) from Signature Resorts, Inc. (d/b/a Sunterra Resorts) for Construction of Walkways, Fences and Landscaping, Adjacent to its Property Located at 3611 Collins Avenue, and Within the City Right-of-Way, at the Street End on 36th Street.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 98-23000 adopted. Julio Grave de Peralta to handle. Public hearing scheduled for January 6th at 2:00 p.m. Public Works to provide labels for mailing. R. Parcher to publish notice. Judy Hoanshelt to place on agenda.

City Clerk’s Note: 1. Applicant to provide gum labels of property owners within 375 feet, 2. Certified letter stating that the ownership list map and labels are a complete and accurate representation, and 3. Applicant pays the mailing and advertising cost.

C7L Commission Memorandum No. 843-98

A Resolution Authorizing an Amendment to the Agreement between the City of Miami Beach and Savino and Miller Design Studio, to Provide Professional Architectural/Engineering Services for the Washington Avenue Streetscape Master Plan in an Amount Not to Exceed $9,500 for a Study and Plan Associated with the Budget Developed for the Project.

Administration Recommendation: Adopt the Resolution.

(Public Works)

(Resolution in Legal - To be Submitted)

ACTION: Resolution No. 98-23001 adopted. Julio Grave de Peralta to handle.

C7M Commission Memorandum No. 844-98

A Resolution Retroactively Approving and Authorizing the City Manager or His Designee to Submit a Grant Application, in the Amount of $1000, from the National Recreation and Park Association, in Partnership with the National Football League Charities, to Support Outstanding Youth Football Programs and Leagues; Authorizing the Acceptance of the Grant; Appropriating the Funds in Compliance with the Terms of the Grant; and Authorizing the Mayor and City Clerk to Execute All Necessary Documents Related to Said Application and Grant.

Administration Recommendation: Adopt the Resolution.

(Recreation, Culture and Parks)

ACTION: Resolution No. 98-23002 adopted. Patricia Walker and Kevin Smith to handle.

End of Consent Agenda

REGULAR AGENDA

R5 - Ordinances

R5A City Attorney Commission Memorandum No. 845-98

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 Automatic Removal of an Agency, Board or Committee Member Failing to Attend the Greater of Four or 33% of the Regularly Scheduled Meetings per Calendar Year; Providing for Codification, Repealer, Severability, and Effective Date. 11:00 a.m. Public Hearing, Second and Final Reading

Recommendation: Adopt the Ordinance.

(City Attorney's Office)

(First Reading 12/2/98)

ACTION: Discussion held concerning the rule of "4 absences or 33% of regularly scheduled meetings per calendar year" and the applicability of the rule to the City Code Section 2-22 Subsection (12) which stipulates that "All agencies, boards and committees shall meet at least once quarterly, unless otherwise indicated in this chapter."

Discussion continued. Public hearing opened and continued to January 6th at 11:00 a.m. Motion made by Commissioner Liebman to defer adoption of the ordinance to the January 6th Commission meeting to further clarify how the proposed ordinance could be applied to those boards that meet less than once a month; seconded by Commissioner Smith; voice vote: 6-0; absent: Commissioner Shapiro. R. Parcher to handle. Judy Hoanshelt to place on Commission agenda.

R5B City Attorney Commission Memorandum No. 846-98

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. 11:30 a.m. Public Hearing, Second and Final Reading

Recommendation: Adopt the Ordinance.

(City Attorney's Office)

(First Reading 12/2/98)

ACTION: Public hearing held. Ordinance No. 98-3160 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Smith; ballot vote: 6-0; absent: Commissioner Shapiro. T.C. Adderly to handle.

R5C Commission Memorandum No. 847-98

An Ordinance Amending Chapter 82 of the Miami Beach City Code, Entitled "Public Property" Amending Subsections 82-501 Through 82-504 Entitled "Naming of Public Facilities and Streets" by Adding Criteria Regarding the Placement of Monuments and Commemorative Memorials Within the City of Miami Beach; 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.

(City Manager's Office)

(Hear in Conjunction with R5D, R7B and R7C)

ACTION: Deferred. Ronnie Singer to review the ordinance and make changes as necessary. Judy Hoanshelt to place on a future agenda.

R5D Commission Memorandum No. 848-98

An Ordinance Amending Chapter 82 of the Miami Beach City Code, Entitled "Public Property"; Amending Article VII Thereto, Entitled "Art in Public Places"; Amending Subsection 82-562, Entitled "Powers and Duties"; by Providing for Review and Recommendations for Acceptance of Proposed Donations of Works of Art for Placement on Public Property in the City or Located on Public Facilities Within the City; Providing for Severability; Repealer, and an Effective Date. First Reading

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

(City Manager's Office/Public Works)

(Hear in Conjunction with R5C, R7B and R7C)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb; ballot vote: 6-0; absent: Mayor Kasdin. Second reading and public hearing scheduled for January 6th at 2:45 p.m. R. Parcher to publish notice. Judy Hoanshelt to place on Commission agenda.

R5E Commission Memorandum No. 849-98

An Ordinance Amending Section 7 of Ordinance No. 83-2398, the Deferred Compensation Ordinance of the City of Miami Beach, Florida, to Reflect Recent Changes in Federal Regulation on Maintenance of Deferred Compensation Plan Funds for City of Miami Beach Employees: Providing for 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.

(Finance Department)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb; ballot vote: 6-0; absent: Mayor Kasdin. Second reading and public hearing scheduled for January 6th at 11:30 a.m. R. Parcher to publish notice. Judy Hoanshelt to place on Commission agenda.

R5F Commission Memorandum No. 850-98

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 and Providing Penalties for Noncompliance; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. 2:30 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(First Reading 12/2/98)

ACTION: Public hearing held. Ordinance No. 98-3161 adopted as amended. Motion made by Commissioner Smith; seconded by Commissioner Dermer; ballot vote: 7-0.

All amendments relate to Section 118-31. Disclosure requirement:

Amendment No. 1) "behalf for an agreement to support, or withhold objection, or object

Amendment No. 2 by Commissioner Smith: excluding from this requirement consideration for (insert) legal or design professional services rendered or to be rendered.

Amendment No. 3 by Commissioner Dermer to insert new language: "it shall be unlawful to employ any device, scheme, or artifice to circumvent the disclosure requirements of this ordinance and such circumvention will be deemed a violation of the disclosure requirements of this ordinance." Amendment No. 4: Penalty language: highlighted in the ordinance in the agenda materials. Amendment No. 5: Penalty language: highlighted in the ordinance in the title section. Motion to accept the amendments made by Commissioner Dermer; seconded by Commissioner Smith; voice vote: 7-0. Dean Grandin to handle.

Handout: Amendments as presented by Kent Harrison Robbins

R5G Commission Memorandum No. 851-98

An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 142 Entitled "Zoning Districts and Regulations", Section 142-696 Entitled "Residential Performance Standard Area Requirements" By Limiting the Provision Allowing Higher Maximum Building Heights for a Lot Exceeding 50 Feet in Width Based Upon the Existence of a Contributing Structure on the Site, Within the Ocean Beach Historic District; 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 Liebman; seconded by Commissioner Gottlieb; ballot vote: 6-0; absent: Mayor Kasdin. Second reading and public hearing scheduled for January 20th at 2:00 p.m. R. Parcher to publish notice. Judy Hoanshelt to place on the Commission agenda.

R5H Commission Memorandum No. 852-98

An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 138 Entitled "Signs", Section 138-137 Entitled "Banners and Balloon Signs", By Prohibiting Balloon Signs and Exempting from Said Prohibition Certain Signs Approved in Accordance with Special Events; 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 Liebman; seconded by Commissioner Smith; ballot vote: 6-0; absent: Mayor Kasdin. Second reading and public hearing scheduled for January 20th at 11:00 a.m. R. Parcher to publish notice. Judy Hoanshelt to place on agenda.

R5I Commission Memorandum No. 853-98

An Ordinance Amending The Land Development Regulations of the Code of the City of Miami Beach, Florida, Amending Section 118 Entitled "Administration and Review Procedures" By Amending Subsection 118-531 Entitled "Review Requests; Meetings" to Provide for the Review of Public Improvements in Public Rights-Of-Way and Easements in Historic Districts by the Joint Design Review/Historic Preservation Board; by Amending Section 118-260 Entitled "Special Review Procedure" to Provide for Staff Level Review of Minor Public Improvements in Public Rights-Of-Way and Easements Within Historic Districts; Providing for Codification; 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 as amended: create a definition section to include the definition of "public improvement". Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb; ballot vote: 6-0; absent: Mayor Kasdin. Second reading and public hearing scheduled for January 20th at 11:30 a.m. Dean Grandin to revise ordinance. R. Parcher to publish notice. Judy Hoanshelt to place on Commission agenda.

Administration directed to prepare a separate ordinance dealing with the issue of public improvements on a citywide basis rather than just the Historic Districts and to include review by the Design Review Board. Dean Grandin to handle.

R5J City Attorney Commission Memorandum No. 854-98

An Ordinance Establishing a "Cone of Silence" for City Competitive Bidding Processes, by Amending Chapter 2 of the Code of the City of Miami Beach, Entitled "Administration", by Amending Article VII Thereof Entitled "Standards of Conduct", by Creating Division 4 Entitled "Procurement", by Creating Section 2-486 Entitled "Cone of Silence" by Providing for a Definition, Procedures, and Penalties; Providing for Repealer, Severability, Inclusion in the City Code, and an Effective Date. First Reading

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

(Requested by Commissioner Jose Smith)

ACTION: Ordinance approved on first reading as amended:

Amendment No. 1: made by Commissioner Dermer: "void" instead of voidable,

Amendment No. 2: strengthen the penalty provision to include a period of no bidding for one year by the violator in addition to a void contract. Motion to amend made by Commissioner Dermer; seconded by Commissioner Cruz. Amendments accepted by Commissioner Smith.

Delete the "IPSIG" provision if not applicable to the City.

Clarification: The Cone of Silence is lifted once the City Commission has accepted the RFP, RFQ or RFLI and authorized the Administration to negotiate a contract. Negotiation phase not included in the cone. Amended ordinance approved on first reading. Motion made by Commissioner Smith; seconded by Commissioner Dermer. Ballot vote: 7-0. Second reading and public hearing scheduled for January 6th at 3:00 p.m. R. Parcher to publish notice. Judy Hoanshelt to place on the Commission agenda. Mayra Diaz Buttacavoli to handle.

Based on section 2-486(3) Penalties: If this ordinance is adopted on second reading, all city employee need to be notified and trained.

R6 - Commission Committee Reports

R6A Verbal Report on the Special Finance and Citywide Projects Committee Meeting of December 10, 1998: 1) Report on the Bass Museum Expansion and Renovation Project; 2) Discussion on the Proposed Interlocal Agreement with the Greater Miami Convention and Visitors Bureau; 3) The Creation of Section 501(c)3 Non-Profit Corporations; 4) Alaska Parcel; 5) Status Report of City-Owned Properties; and, 6) 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.

ACTION: Not reached. Judy Hoanshelt to place on the January 6 Commission agenda.

R6B Verbal Report on the Land Use and Development Committee Meeting of December 14, 1998: 1) Discussion regarding Home Inspections by Code Compliance; 2) Discussion regarding Code Violations on Calais Drive; 3) Discussion regarding the North Beach Study; 4) Discussion of City's Restriction of Outdoor Pay Phones on Private Property; 5) Discussion on Day Care Centers and Educational Facilities Related to Religious Organizations Established in the RS-4 District; and, 6) Discussion on Modification to Day Care Center Ordinance.

ACTION: Not reached. Judy Hoanshelt to place on the January 6 Commission agenda.

R7 - Resolutions

R7A Commission Memorandum No. 860-98

A Resolution Amending Resolution No. 95-21684, Approving the City's Special Events Permit Requirements; Said Amendment Providing for Revised Guidelines for Special Events Permit Requirements.

Administration Recommendation: Adopt the Resolution.

(Office of Arts, Culture and Entertainment)

ACTION: Resolution No. 98-23003 adopted as amended. Motion made by Commissioner Dermer; seconded by Commissioner Gottlieb; voice vote: 5-0; absent: Mayor Kasdin and Commissioner Shapiro.

Amendment No. 1: page 13 of the application package or page 219 of the agenda (delete) The City Manager may, at his discretion, waive the foregoing user fees for events produced by not-for-profit organizations.

Amendment No. 2: Notwithstanding the foregoing, the City recognizes the intrinsic historical, social, and cultural significance and importance of certain longstanding special events held continuously, on an annual basis, within the City. In recognition of such traditional longstanding events, special events in continuous annual operation since 1985 are herein deemed "grandfathered in" and shall not be subject to this user fee.

James Quinlan to handle.

R7B Commission Memorandum No. 861-98

A Resolution Accepting the Selection Criteria Established by the Community Affairs Committee to Evaluate Requests for the Placement of Monuments and Memorials on Miami Beach.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

(Hear in Conjunction with R5C, R5D and R7C)

ACTION: Resolution No. 98-23004 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Dermer; voice vote: 6-0; absent: Mayor Kasdin.

Commissioner Liebman requested the issue of how to handle donations which are tied to the naming of a public facility be referred to the Community Affairs Committee for consideration and a recommendation. The recommendation to the Commission should be an ordinance. Judy Hoanshelt to place on the committee agenda.

R7C Commission Memorandum No. 862-98

A Resolution Accepting a Policy and Criteria for Review and Recommendation for Acceptance of Donations of Works of Art on Public Property in the City or Located in Public Facilities Within the City; Said Criteria as Established by the Art in Public Places Committee.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office/Public Works)

(Hear in Conjunction with R5C, R5D and R7B)

ACTION: Resolution No. 98-23005 adopted as amended. Motion made by Commissioner Liebman; seconded by Commissioner Smith; voice vote: 6-0; absent: Mayor Kasdin. The staff of the Planning Department will review and make a recommendation to the Arts in Public Places committee. Appeals will be directed to the Commission for resolution, rather than the DRB/ or Joint DRB/HP boards, along with the recommendation of the Arts in Public Places committee.

R7D Commission Memorandum No. 863-98

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute an Agreement with the Greater Miami Convention and Visitors Bureau for the Period of December 1, 1998 through September 30, 1999.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

(Resolution in Legal - To be Submitted)

ACTION: Resolution not adopted.

The City Manager presented the item and explained the terms of the proposed agreement. The City Manager recommended that the City enter into the agreement for the duration of the term ending fiscal year September 30, 1999 with the conditions stated (receive payments as mentioned and present to the City Commission by July of 1999 a negotiated contract with the Bureau).

Bill Talbert acknowledged that he and the board were supportive of the basic business points and the agreement as presented.

Commissioner Dermer expressed concern that the interlocal agreement was not timely distributed and did not give the Commission and the public enough time to review. Discussion held. Commissioner Dermer requested the item be deferred to January 6th.

Motion by Vice-Mayor Cruz to approve the business points of the agreement (as represented by the City Manager) and to allow Commissioner Smith time to review the details of the contract. Clarification of the motion was made by the Mayor: to approve the business points of the agreement, to have a review by Commissioner Smith of the specific contract language, and to come back at the January 6th meeting. Commissioner Gottlieb further amended the motion: amending Section 1.01(m) of the agreement to state "based on the previous financial contribution by the City in 1994 and the VCA" excluding the specific amount of funding for the POW WOW event scheduled to be held in May 19, 1999. Amendment accepted by Vice-Mayor Cruz; seconded by Commissioner Gottlieb; voice vote: 7-0. Mayra Diaz Buttacavoli to handle. Judy Hoanshelt to place on the Commission agenda.

Motion made by Commissioner Gottlieb directing the Administration to put together a "blue ribbon" committee (finance, VCA, hotel industry, etc) to develop a position on the future relationship, including the funding formula of the City and the Greater Miami Convention and Visitors Bureau (GMCVB). The recommendation(s) of the committee will be forwarded to the Finance and Citywide Projects Committee; seconded by Commissioner Liebman; voice vote: 7-0. Administration to develop the list of committee members including members of the public who have expertise or knowledge with respect to tourism, financial expert, accountant or other professions which can contribute to the work of the committee. The City Manager will circulate the list to the Commission for their input. Mayra Diaz Buttacavoli to handle.

Handout: Speaker’s list.

R7E Commission Memorandum No. 864-98

A Resolution Authorizing the Appropriation of Thirty Thousand Dollars ($30,000) from the Resort Tax Contingency Fund for the Payment of Services Rendered by the Miami Beach Jobs Consortium, a Joint Effort between the Miami Beach Community Development Corporation and the Miami Beach Hispanic Community Center, for Job Placement Services in the Construction, Hospitality, and Entertainment Industries for Miami Beach Residents. Joint City Commission and Redevelopment Agency.

Administration Recommendation: Adopt the Resolution

(Community/Economic Development)

ACTION: Heard in conjunction with RDA item 3A. Resolution No. 98-23006 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Smith; voice vote: 7-0.

R7F Commission Memorandum No. 865-98

A Resolution Approving the Streetscape Project for Washington Avenue; Providing for a Loan of $1,966,150 from the Reserve for Capital Improvements in the General Fund to Capital Projects Fund 301; Declaring the Official Intent of the City to Issue Bonds in Order to Reimburse Itself from the Proceeds of Such Bonds for Funds Advanced by the City for Certain Expenses Incurred with Respect to Said Project; Appropriating Said Amount of $1,966,150, Together with $299,630 Received from the Miami Beach Redevelopment Agency from the Redevelopment Trust Fund for the South Pointe Redevelopment Area and $296,641 from the Redevelopment Trust Fund for the City Center/Historic Convention Village Redevelopment Area, $284,877 of Proceeds of the Resort Tax, and $311,467 from Bond Fund 351, for the Purpose of Implementing Said Project; and Providing an Effective Date.

Administration Recommendation: Adopt the Resolution.

(Finance Department)

ACTION: Heard in conjunction with RDA item 3B. Resolution No. 98-23007 adopted. Motion made by Commissioner Liebman; seconded by Vice-Mayor Cruz; voice vote: 7-0.

Mayor Kasdin and Commissioner Dermer complimented the Administration for finding the funding.

Administration to report, via an L.T.C., the schedule of activities which need to be done and to determine if any concrete work needs to be done between 6th Street and 11th Street. Julio Grave de Peralta to handle.

Clerk's Note: Revised proposed Physical Improvements Projected Plan submitted via Supplemental Materials.

R7G Commission Memorandum No. 866-98

A Resolution Approving a Request for a Waiver of Development Regulations, Pursuant to Section 142 of the Code of the City of Miami Beach, in Order to Allow the Construction of a Two-Story Addition at the Scott Rakow Youth Center, Said Addition Encroaching into the Required Setbacks. 5:00 p.m. Public Hearing (5/7ths)

Administration Recommendation: Adopt the Resolution.

(Public Works)

(Scheduled on 11/18/98)

ACTION: Public hearing held. Resolution No. 98-23008 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Dermer; voice vote: 6-0; absent: Mayor Kasdin.

Handouts

1: Comparative analysis of ice surface and associated costs prepared by Corradino.

2. Speaker’s list.

 

R7H Commission Memorandum No. 867-98

A Resolution Authorizing the City Manager or His Designee to Submit a Grant Application for Funding, in a Total Amount of $2,100,000, from the Miami-Dade County's Safe Neighborhood Parks Bond Program, for the Purpose of Renovating North Shore Open Space Park; Establishing the Safe Neighborhood Parks Bond Program Renovation Project Work Order, and Appropriating the Grant Funding, if Awarded, to a Work Order; and Further Authorizing the Mayor and City Clerk to Execute All Necessary Documents Related to this Application and the Grant.

Administration Recommendation: Adopt the Resolution.

(Recreation, Culture and Parks)

ACTION: Resolution No. 98-23009 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Smith; voice vote: 7-0. Kevin Smith to handle.

R7I A Resolution in Memoriam of Governor Lawton M. Chiles; Acknowledging His Attributes and Accomplishments and Expressing Condolences to His Family; and Setting an Effective Date. (Addendum Agenda)

(City Attorney's Office)

ACTION: Resolution No. 98-23010 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb; voice vote: 7-0. Murray Dubbin to handle.

R9 - New Business and Commission Requests

R9A Commission Memorandum No. 855-98

Board and Committee Appointments for the Meeting of December 16, 1998.

(City Clerk's Office)

ACTION: The following direct appointments were announced:

Police/Citizen Relations Committee:

Steven Kozlowski (Commissioner Liebman) - 12/31/2000

Beach Preservation Committee:

Victor Varela (Commissioner Liebman) - 12/31/2000

Jack Goldstein (Commissioner Smith) - 12/31/2000

Jerry Marsch (Commissioner Shapiro) - 12/31/2000

Budget Advisory Committee:

Jeryl Weithorn (Commissioner Gottlieb) - 12/31/2000

Michael Rotbart (Commissioner Shapiro) - 12/31/2000

Jerome Libbin (Commissioner Smith) - 12/31/2000

Committee on the Homeless:

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

Community Development Advisory Committee:

Mijel Brazlavsky (Commissioner Smith) - 12/31/2000

Linda March (Commissioner Gottlieb) - 12/31/2000

Laura Varela (Commissioner Shapiro) - 12/31/2000

Fine Arts Board:

Laura Apt (Commissioner Gottlieb) - 12/31/2000

Jim Weingarten (Commissioner Shapiro) - 12/31/2000

Hispanic Affairs Committee:

Jacobo Epelbaum (Commissioner Smith) - 12/31/2000

Juan Vilaseca (Commissioner Dermer) - 12/31/2000

Miami Beach Commission on the Status of Women:

Lisa Palley (Commissioner Liebman) - 12/31/2000

Hazel Cypen ( Commissioner Liebman) - 12/31/2000

Felicia Alevy (Mayor Kasdin) - 12/31/2000

Meryl Wolfson (Mayor Kasdin) - 12/31/2000

Lynn Russin (Commissioner Gottlieb) - 12/31/2000

Ellen Shaw (Commissioner Gottlieb) - 12/31/2000

Lidia Resnick (Commissioner Dermer) - 12/31/2000

M. Begona Calcerrada (Commissioner Smith) - 12/31/2000

Parks and Recreational Facilities Board:

Barbara Gelber (Commissioner Gottlieb) - 12/31/2000

Gary Heffner (Mayor Kasdin) - 12/31/2000

Safety Committee:

Evelyn Manset (Commissioner Gottlieb) - 12/31/2000

Youth Center Advisory Board:

Julio Magrisso (Commissioner Gottlieb) - 12/31/2000

Design Review Board:

Ted Baker (Landscape Architect)

Rene Gonzalez (Urban land Planner)

Randall Robinson (Citizen-at-Large)

Barry Klein (Register Architect)

Handout: DRB voting ballots: votes #1, #2, #3 and #4.

South Pointe Advisory Board:

Steven J. Kneapler (Business)

Max Ramos (Business)

Arthur P. Forgette (Business)

Scott L. Betten (Resident)

Barry Josepher (Resident)

Edward S. Resnick (Resident)

Erika Brigham (Historic Preservation)

Handout: SPAB voting ballots: votes #1 and #2.

R9B 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 R9C)

(Deferred 12/2/98)

ACTION: Discussion held. Mayor Kasdin suggested that Commissioner Smith chair an ad hoc committee be formed to review the issues, consider alternatives such as land swapping, leasing of land to the school board, and other site locations. Mayor Kasdin further suggested that the ad hoc committee include representatives from the school board, parents' organizations, the Chamber of Commerce Educational Committee, Matt Liebowitz, and the Neighborhoods Committee. Maria Ruiz to serve as liaison. (include Marilyn Spiegel). Legal Department to research the process needed to use the Biscayne Elementary school property. Maria Ruiz to handle.

Commissioner Shapiro requested a report from the Dade County School Board on the number of students attending Miami Beach public schools who are not residents of Miami Beach. Maria Ruiz to handle.

Commissioner Gottlieb suggested that the school library could share space in the new cultural center library thereby opening up additional space in the school.

R9C 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 R9B)

(Deferred 12/2/98)

ACTION: Discussion held with item R9B.

R9D Discussion of Letter from Michael G. Breslow regarding the Miami Beach Convention Center Advisory Board.

(Requested by Commissioner Jose Smith)

ACTION: Item deferred. Commissioner Smith requested this item not be rescheduled.

R9E Discussion regarding Citywide Maintenance/Landscaping.

(Requested by Commissioner Susan Gottlieb)

ACTION: Discussion held. Commission Gottlieb expressed concerns in the following areas based on lack of proper maintenance: landscaping maintenance (Collins Avenue/medians in the streetends), Public Works maintenance (broken pipes at 53rd Streetend), construction maintenance (pipe down the center of Collins Avenue and tying up traffic in the holiday season, barricades, heavy equipment, pipes along the side of the road, and piles of dirt), damaged landscaping in front of the Maison Grande.

Concern was also expressed regarding the lack of holiday lighting and decorations in the city. Motion was made by Commissioner Liebman directing Administration to identify a source of funding for holiday lighting and decorations. No second offered. Discussion continued. Administration was directed to start a 5-year planning process and to identify funding for holiday lighting and decorations in the budget process. Commissioner Gottlieb to assist in the process.

R9F Discussion regarding the Annual Review and Evaluation of the Performance of the City Attorney. (Requested by Mayor Neisen Kasdin)

ACTION: Motion made by Commissioner Liebman accepting the review and approving the award of deferred compensation; seconded by Commissioner Smith; voice vote: 7-0. Patricia Walker and T. C. Adderly to process paperwork.

Handout: Copy of the City Attorney’s annual report (fiscal year October 1, 1997 - September 30, 1998)

R9G Discussion regarding the Beach Master Plan, and the Beachfront Concessions Including the Delano

(Requested by Commissioner Nancy Liebman)

ACTION: Discussion held. Vice-Mayor Cruz made a motion to allow the Delano Hotel structures to remain in place until the Beach Master Plan is approved; seconded by Commissioner Liebman; City Attorney Murray Dubbin expressed concern that the City cannot take this action; no vote taken. Commissioner Gottlieb made a motion to defer the item to the January 6th Commission meeting and for the Administration to include all backup informational materials; seconded by Commissioner Dermer; ballot vote: in favor: 4 (Commissioners Dermer, Gottlieb, Shapiro and Smith); opposed (Mayor Kasdin, Vice-Mayor Cruz and Commissioner Liebman). Structures to remain in place until after the January 6th Commission meeting.

Handout: Photos of the Delano Hotel beach structure.

R9H Discussion of Recommendation from the Art in Public Places Meeting of December 15, 1998, regarding the Lincoln Road Placement and Proposed Marker Honoring Architect Morris Lapidus' Lifetime Achievement. (Addendum Agenda)

(Requested by Commissioner Nancy Liebman)

ACTION: Recommendation approved. Motion made by Commissioner Gottlieb; seconded by Commissioner Liebman; voice vote: 7-0. Julio Grave de Peralta to handle.

R10 - City Attorney Reports

R10A Notice of Closed Executive Session.

Pursuant to Section 286.011, Florida Statutes, a Closed Executive Session will be held during lunch recess in the City Manager's large conference room, Fourth Floor, City Hall, to discuss the following case:

South Beach Ocean Parcel, LTD., a Florida Limited Partnership vs. City of Miami Beach, a Florida municipal corporation, Eleventh Judicial Circuit, General Jurisdiction, Case No. 98-10798 CA30.

The following individuals will be in attendance: Mayor Neisen Kasdin; Members of the Commission: Simon Cruz, David Dermer, Susan Gottlieb, Nancy Liebman, Martin Shapiro and Jose Smith; City Attorney Murray H. Dubbin, City Manager Sergio Rodriguez, Deputy City Attorney Jean Olin, First Assistant Diana Grub Frieser and Special Counsel Arnaldo Velez.

ACTION: The Executive Session was announced and held.

End of Regular Agenda

Reports and Informational Items

A Commission Memorandum No. 856-98

An Analysis of Performance Measurement Achievements for the Fiscal Year Ended September 30, 1998, Within the Departments of Code Compliance, Fire, Fleet Management, Planning, Recreation, Culture & Parks, and Risk Management.

(Office of Management and Budget)

ACTION: Written report submitted.

B Commission Memorandum No. 857-98

Public Hearings Before the December 15, 1998 Planning Board Meeting: 1) An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 114 Entitled "General Provisions", Amending Section 114-1 Entitled "Definitions" by Creating a Definition for "Historic Inn"; Amending Chapter 142 Entitled "Zoning District Regulations", Section 142-1105 Entitled "Suites Hotels" by Modifying the Regulations to Include Provisions for Historic Inns; 2) An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 118 Entitled "Administration and Review Procedures", Section 118-72 Entitled "Membership" By Modifying the Required Composition and Residency Requirements of Members of the Design Review Board; 3A) An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 118 Entitled "Administration and Review Procedures", Section 118-262 Entitled "Review of Design Review Decisions" By Eliminating Appellants' Financial Responsibility for the Mailed Notice Requirement for Reviews of Design Review Board Decisions; 3B) An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 118 Entitled "Administration and Review Procedures", Section 118-262 Entitled "Review of Design Review Decisions" By Eliminating the Mailed Notice Requirement for Reviews of Design Review Board Decisions; 3C) An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 118 Entitled "Administration and Review Procedures", Section 118-537 Entitled "Rehearings and Appeals" By Eliminating the Mailed Notice Requirement for Appeals of Historic Preservation Board or Joint Design Review Board/Historic Preservation Board Decisions; 4) Mimosa Condominium Association, Inc., Requests Conditional Use Approval in Order to Operate a Religious Institution in a Common Area of an Existing Condominium Apartment Building at 4747 Collins Avenue; 5) Boulevard Motel Corp., Requests Conditional Use Approval in Order to Operate a Commercial Parking Lot, at 6305 Indian Creek Drive; 6) West Beach Restaurant Requests Conditional Use Approval in Order to Operate a Commercial Parking Lot, at 1428 West Avenue; 7) Mango's Tropical Cafe, Requests Conditional Use Approval in Order to Operate a Neighborhood Impact Establishment, at 900 Ocean Drive; and, 8) BellSouth, Inc., Requests Modification of a Conditional Use Approval in Order to Use a Commercial Parking Lot for Storage of Materials, at 1030 15th Street.

(Planning Department)

ACTION: Written report submitted.

C Commission Memorandum No. 858-98

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

(Public Works)

ACTION: Written report submitted.

D Commission Memorandum No. 859-98

Status Report on the Progress of North Beach Construction.

(Public Works)

ACTION: Written report submitted.

Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

December 16, 1998 - 10:00 a.m.

Chairman of the Board Neisen O. Kasdin

Member of the Board Simon Cruz

Member of the Board David Dermer

Member of the Board Susan F. Gottlieb

Member of the Board Nancy Liebman

Member of the Board Martin Shapiro

Member of the Board Jose Smith

Executive Director Sergio Rodriguez

Assistant Director Christina M. Cuervo

Assistant Director Mayra Diaz Buttacavoli

General Counsel Murray H. Dubbin

Secretary Robert E. Parcher

AGENDA

1. ROLL CALL

2. OLD BUSINESS

A. Redevelopment Agency Memo No. 98-48

A Resolution of the Chairman and Members of the Miami Beach Redevelopment Agency Prohibiting Said Agency from Using Moneys Deposited To or Held in Said Agency's Redevelopment Trust Funds, Created Pursuant to Section 163.387, Florida Statutes, to Finance Privately-Owned Projects, Other Than Those Owned by Certain Not-For-Profit Persons or Entities; Repealing All Resolutions in Conflict Herewith; Providing for Severability; and Providing for an Effective Date.

(Requested by Commissioner Martin Shapiro)

ACTION: Resolution No. 309-98 adopted. Motion made by Commissioner Shapiro; seconded by Commissioner Liebman; voice vote: 7-0. Christina Cuervo to handle.

3. NEW BUSINESS

A. Redevelopment Agency Memo No. 98-49

A Resolution Rescinding Resolution No. 265-97 of the Redevelopment Agency Which Had Authorized the Use of Funds in the Amount of $30,000 from the City Center Budget for the Establishment of the Miami Beach Jobs Consortium, a Joint Effort Between the Miami Beach Community Development Corporation And the Miami Beach Hispanic Community Center, for the Provision of Job Placement in the Construction, Hospitality, and Entertainment Industries for Miami Beach Residents; and Instead, Authorizing the Mayor and City Commission to Use Funds in the Same Amount ($30,000) from the Resort Tax Contingency Fund for the Above-Stated Jobs Consortium. Joint City Commission and Redevelopment Agency.

ACTION: Heard in conjunction with Commission item R7E. Resolution No. 310-98 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Smith; voice vote: 7-0. Christina Cuervo to handle.

B. Redevelopment Agency Memo No. 98-50

A Resolution of the Chairman and Members of the Miami Beach Redevelopment Agency Approving the Portions of the Streetscape Project for Washington Avenue Which Lie Within Redevelopment Areas; Appropriating $299,630 from the Redevelopment Trust Fund for the South Pointe Redevelopment Area and $296,641 from the Redevelopment Trust Fund for the City Center/Historic Convention Village Redevelopment Area to Pay the Costs of Such Project on the Portions Thereof Which Are Within Such Redevelopment Areas, Appointing the City of Miami Beach as Agent of the Agency for the Purpose of Implementing Said Projects; and Providing for an Effective Date.

ACTION: Heard in conjunction with Commission item R7F. Resolution No. 311-98 adopted. Motion made by Commissioner Liebman; seconded by Vice-Mayor Cruz; voice vote: 7-0. Julio Grave de Peralta to handle.

End of Redevelopment Agenda

The Commission meeting was adjourned at 8:06 p.m.

SR/REP/dm