City of Miami Beach
City Commission

Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
January 7, 1998

Mayor Neisen O. Kasdin
Vice-Mayor Jose Smith
Commissioner Simon Cruz
Commissioner David Dermer
Commissioner Susan F. Gottlieb
Commissioner Nancy Liebman
Commissioner Martin Shapiro

City Manager Sergio Rodriguez
City Attorney Murray H. Dubbin
City Clerk Robert E. Parcher

Call to Order - 9:16 a.m.

Inspirational Message and Pledge of Allegiance

Requests for Additions, Withdrawals, and Deferrals

PA - Presentations and Awards

PA1 Certificate of Appreciation to be Presented to Detective Mark Hallman for Exemplary Police Work.

(City Manager's Office)

ACTION: Certificate Presented.


PA2 Certificate of Appreciation to be Presented to Martin Reingold for Generous Donation to the new Regional Library.

(Requested by Commissioner Susan Gottlieb)

ACTION: Certificate Presented.


CONSENT AGENDA

Consent Agenda approved. Motion made by Commissioner Liebman; seconded by Vice-Mayor Smith; vote: 7-0.


C2 - Competitive Bid Reports

C2A Commission Memorandum No. 1-98

Request for Approval to Award a Purchase Order Pursuant to Bid Number 16-97/98 to DecisionOne Corporation in the amount of $52,956 for Hewlett Packard (HP) Hardware Maintenance (four-hour response) and $18,000 for HP System Software Support (eight-hour response).

Administration Recommendation: Authorize the award.

(Information Technology)

ACTION: Award authorized. Judy Ford to issue the purchase order. Phyllis Koch to handle.


C4 - Commission Committee Assignments

C4A Commission Memorandum No. 2-98

Referral to the Finance and Citywide Projects Committee for Discussion: 1) Citywide Energy Audit Results; and, 2) Energy Conservation Performance-Based Contract with Johnson Controls, Inc.

Administration Recommendation: Refer the matter.

(Property Management)

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


C4B Referral to the Planning Board - Zoning Incentives for Increased Lot Size.

Recommendation: Refer the matter.

(Requested by Commissioner Nancy Liebman)

ACTION: Referred. Dean Grandin to place on the Planning Board agenda.


C4C Referral to the Planning Board - To Extend the Time Limit for Temporary Parking Lot Usage Until the Newly Proposed Parking Garages are Completed.

Recommendation: Refer the matter.

(Requested by Commissioner Nancy Liebman)

ACTION: Referred. Dean Grandin to place on the Planning Board agenda.


C4D Referral to the Planning Board - To Reconsider an Ordinance Allowing for Home Offices as an Accessory Use.

Recommendation: Refer the matter.

(Requested by Commissioner Nancy Liebman)

(Hear in Conjunction with Item R9C)

ACTION: Motion made by Commissioner Liebman to refer to the Land Use and Development Committee. Seconded by Commissioner Gottlieb; vote: 7-0. Referral needs to include any issues or concerns expressed by the Commission at the July 16, 1997 Commission Meeting (R5G). Janet Gavarette to place on the committee agenda.


C7 - Resolutions

C7A Commission Memorandum No. 3-98

A Resolution Awarding a Contract to BellSouth for Enhanced Switching System Exchange (ESSX) Service and Maintenance and Authorizing the Mayor and City Clerk to Execute the Contract.

Administration Recommendation: Approve the Resolution.

(Information Technology)

ACTION: Resolution No. 98-22622 adopted. Judy Ford to handle. Phyllis Koch to implement.


C7B Commission Memorandum No. 4-98

A Resolution Awarding a Contract to Xerox Business Services for Copier Maintenance Service and Authorizing the Mayor and City Clerk to Execute the Contract.

Administration Recommendation: Approve the Resolution.

(Information Technology)

ACTION: Resolution No. 98-22623 adopted. Judy Ford to handle. Phyllis Koch to implement.


C7C Commission Memorandum No. 5-98

A Resolution Authorizing the City Manager, or His Designee, to Submit Grant Applications to the Miami Beach Visitor & Convention Authority for Funding Consideration Under the 1997-98 Cultural and Special Event Grants Program, for Support of the Recreation, Culture and Parks Department's 1998 Festival of the Arts; and to Host City Social Events "Passport to Paradise" on Lincoln Road & "Playground of the Americas" in Lummus Park, as Part of the 1998 National Recreation & Parks Association in the Amounts of $10,000 and $25,000, Respectively; Acceptance of the Grants, If Awarded; and Appropriating the Awarded Funds in Compliance with the Terms of the Grants.

Administration Recommendation: Approve the Resolution.

(Recreation, Culture and Parks)

ACTION: Resolution No. 98-22624 adopted. Kevin Smith to handle.


C7D Commission Memorandum No. 6-98

A Resolution Accepting a Donation in the Amount of $5,000 from PTG-Florida, Inc. as a Contribution to the Recreation, Culture and Parks Department's Landscape Beautification Program.

Administration Recommendation: Approve the Resolution.

(Recreation, Culture and Parks)

ACTION: Resolution No. 98-22625 adopted. Motion made by Commissioner Liebman; seconded by Vice-Mayor Smith; vote: 7-0. Vice-Mayor Smith requested that a location selection criteria be established to determine future beautification projects. Kevin Smith to handle.


C7E Commission Memorandum No. 7-98

A Resolution Approving an Appropriation of $143,150 from the Parks and Recreation Beautification Bond Fund 366 into Work Order to be Established for the Architectural Services for the Redesign or Renovation, or a Combination Redesign and Renovation, of the Bayshore/Par 3 and Normandy Shores Golf Courses, Clubhouses and Related Facilities.

Administration Recommendation: Approve the Resolution.

(Recreation, Culture and Parks)

ACTION: Resolution No. 98-22626 adopted. Motion made by Commissioner Liebman; seconded by Vice-Mayor Smith; vote: 7-0. Kevin Smith to handle.


C7F Commission Memorandum No. 8-98

A Resolution Requesting the Attorney General for the State of Florida to Issue an Attorney General Opinion concerning the Procedure for Amending Section 98 of the City of Miami Beach's Related Laws Concerning "Health Plans for City Officers and Employees" by Including "Domestic Partners" Along with Spouses and Minor Children as Co-Beneficiaries of a City Employee's Health Plan.

City Attorney's Recommendation: Approve the Resolution.

(City Attorney)

ACTION: Withdrawn.


C7G Commission Memorandum No. 9-98

A Resolution Setting a Public Hearing to Review a Design Review Board Decision Approving A Request by Hotelerama Associates, Ltd. for Renovations and Improvements to an Existing Hotel Complex Including a New Vehicular and Pedestrian Arrival Plaza, as well as the Construction of a New 250 unit, 41 Story Condominium/Hotel Building at 4441 Collins Avenue.

Administration Recommendation: Approve the Resolution.

(Development, Design and Historic Preservation)

ACTION: Discussion held. No motion made. Resolution not adopted.

City Clerk Handout 1: Letter from Carter McDowell Dated January 6, 1998 - RE: Item C7G.

2. Copy of the Zoning Ordinance section 18.8 (E) pertaining to Fees.

3. Copy of a letter from Dean Grandin to Ms. March, Esq.


End of Consent Agenda



REGULAR AGENDA

R5 - Ordinances

R5A Commission Memorandum No. 10-98

An Ordinance Amending Comprehensive Zoning Ordinance No. 89-2665 by Amending Section 14, Entitled "Changes and Amendments" by Amending Subsection 14-7, Entitled "Proposed Zoning Ordinance Amendments -- Zoning-In-Progress Moratoria on Permits and Approvals" by Amending Subsection 14-7(c), Which Exempts Projects from Zoning-In-Progress Moratoria, by Modifying the Requirements for Achieving an Exemption from Zoning-In-Progress; and Amending Subsection 14-8, Entitled "Proposed Comprehensive Plan Amendments -- Planning-In-Progress Moratoria on Permits and Approvals" by Amending Subsection 14-8(c), Which Exempts Projects from Planning-In-Progress Moratoria, by Modifying the Requirements for Achieving an Exemption from Planning-In-Progress; Addressing the Application of the Current Zoning-In-Progress Provisions to this Ordinance; Providing for Inclusion in the Zoning Ordinance, Repealer, Severability and an Effective Date. 10:15 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Development, Design and Historic Preservation)

(First Reading 12/17/97)

ACTION: Public hearing held. Ordinance No. 98-3106 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Cruz; vote: 7-0. Within the next six weeks, Administration to review the DRB process and make improvement recommendations to the City Commission. City Attorney to investigate setting time limits for DRB action. Dean Grandin to handle.

City Clerk Handout: Letter from Jeffrey Bercow dated January 6, 1998 RE: Item R5A 1/7/98 CM.


R6 - Commission Committee Reports

R6A Verbal Report on the Land Use and Development Committee Meeting of January 6, 1998 regarding the Following: 1) Discussion regarding the Use of Property Located on the Northeast Corner of Dade Boulevard and Meridian Avenue by the Police Athletic League for Parking for the Boat Show. 2) Discussion regarding Moratorium and Concurrency Issues. 3) Discussion regarding the Proposed Master Plan for Fire Station No. 2 and the Public Works Site on Dade Boulevard. 4) Discussion to Consider Recommendations and Changes which would amend the South Florida Building code to Acknowledge Greater Sensitivity to the Value of, and the Special Needs of, Historic Buildings. 5) Discussion of an Ordinance that would amend Comprehensive Zoning Ordinance No. 89-2665 Requiring that Commercial Establishments that Sell Alcoholic Beverages Shall Maintain a Distance Separation of 300 feet from any Day-Care Facility. 6) Discussion regarding Improving the Process for Projects Requiring Design Review Board Approvals and Zoning Board Variances by Requiring Applicants to Receive Zoning Variances Prior to Consideration by the Design Review Board. 7) Discussion regarding a Resolution Providing Approval for the Placement of up to 25 Banners for Events Booked at the Miami Beach Convention Center at Various Locations as Delineated in Commission Memorandum No. 655-97. 8) Discussion on Operating the Property Located at 1300 Pennsylvania Avenue as an Extended-stay Guest Facility. 9) Discussion of an Ordinance that would amend Chapter 17B, Property Maintenance Standards, by providing that appeals of a Decision of a Code Compliance Officer be Heard Before an Administrative Hearing Officer.

(Hear in Conjunction with Item R9D)

ACTION:Verbal report presented by Commissioner Liebman. Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb to accept the report; vote: 7-0.

City Clerk Handout: Minutes of the Land Use and Development Committee Meeting of Tuesday, January 6, 1998.


R7 - Resolutions

R7A A Resolution Approving An Agreement Between the City of Miami Beach and City Manager Sergio Rodriguez, and Authorizing the Mayor and City Clerk to Execute the Agreement.

Administration Recommendation: Adopt the Resolution.

(City Attorney's Office)

ACTION: Resolution No. 98- 22627 adopted as amended. Motion made by Commissioner Liebman; seconded by Vice-Mayor Smith; vote: 7-0. The following additional language added to Section 19 "Other Terms and conditions of Employment: "D. If during his tenure the City Manager were to sell his present house, he agrees to relocate to Miami Beach." R. Parcher to handle.


R7B Commission Memorandum No. 11-98

A Resolution Providing Authority for the Signing of Vouchers Drawn on Funds in the City of Miami Beach Depositories (Rescinding Resolution No. 97-22332).

Administration Recommendation: Adopt the Resolution.

(Finance)

ACTION: Resolution No. 98-22628 adopted. Motion made By Commissioner Gottlieb; seconded by Commissioner Cruz; vote: 7-0. R. Parcher to handle.


R7C Commission Memorandum No. 12-98

A Resolution Providing Authority for Signing Vouchers on Funds in the Account with Spectacor Management Group (SMG) at Barnett Bank of South Florida, N.A., Entitled "City of Miami Beach/SMG Co-Promotion Fund Account" and Rescinding Resolution No. 97-22477.

Administration Recommendation: Adopt the Resolution.

(Finance)

ACTION: Resolution No. 98-22629 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Cruz; vote: 7-0. R. Parcher to handle.


R7D Commission Memorandum No. 13-98

A Resolution Providing Authority for Signing Vouchers on Funds in the Account Entitled "City of Miami Beach - Hurricane Contingency Fund Account" (Rescinding Resolution No. 97-22331).

Administration Recommendation: Adopt the Resolution.

(Finance)

ACTION: Resolution No. 98-22630 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Liebman; vote: 7-0. R. Parcher to handle.


R7E Commission Memorandum No. 14-98

A Resolution Accepting the Recommendation of the City Manager to Appoint Eight Firms as a Pool Pursuant to RFP No. 3-97/98 (Amended) for Providing Underwriting Services .

Administration Recommendation: Approve the Resolution.

(Finance Department)

ACTION: Resolution No. 98-22631 adopted. Motion made by Commissioner Cruz; seconded by Vice-Mayor Smith; vote: 7-0. Paragraph 2 Line 1 should read "J.P. Morgan and Paine Webber" not Prudential Securities. Patricia Walker to handle.


R7F Commission Memorandum No. 15-98

A Resolution Approving the 1999 Federal Legislative Agenda.

Administration Recommendation: Approve the Resolution.

(Development, Design and Historic Preservation)

ACTION: Resolution No. 98-22632 adopted approving the Federal Legislative Agenda. Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb; vote: 6-0; Commissioner Cruz absent. Commissioner Dermer to take the lead on item VII(Land Acquisition: Acquisition of additional open-space, waterfront parks and recreation property). Commissioner Shapiro voiced his opposition in support of the Miami Beach Intermodal Center. Harry Mavrogenes to handle.

Clerk's Note: 1999 Federal Legislative Agenda filed with the resolution.


R7G Commission Memorandum No. 16-98

A Resolution Approving the 1998 Legislative Agenda to be Presented to the City's State Representatives for their Consideration During the 1998 State Legislative Session.

Administration Recommendation: Approve the Resolution.

(Development, Design and Historic Preservation)

ACTION: Resolution No. 98-22633 adopted approving the Agenda as amended: 1) Mayor Kasdin: to broaden the area beyond the Mirabella site to include the entire area from 63rd to 60th Streets on Collins Avenue and Indian Creek Drive; 2) Commissioner Liebman: regulate the selling of beer and wine at gas stations after midnight; 3) Vice-Mayor Smith proposed that the Agenda include: a) funding for a second Fire-rescue vehicle for the North Beach Fire Station; and b) to acquire a secondary site for a fire station in the North Beach area. He expressed his concern with using the parcel on 72nd Street between Collins Avenue and Harding Avenue; and 4) Commissioner Dermer to take the lead on item #10(Parks/Recreation and open-space Property acquisition). Motion adopting the resolution made by Commissioner Gottlieb; seconded by Vice-Mayor Smith; vote: 7-0. Mayor Kasdin requested that the lobbyists be invited to appear before the Commission to give a report on the status of the initiatives. Randy Marks will coordinate.

Clerk's Note: 1998 State Legislative Agenda filed with the resolution.


R7H Commission Memorandum No. 17-98

A Resolution Extending the Termination Date of the Escrow Agreement Dated As Of October 21, 1997, Between the Miami Beach Redevelopment Agency, The City, RDP Royal Palm Hotel Limited Partnership, and Bloom & Minsker, for a Period of Sixty Days; And Providing an Effective Date.

Administration Recommendation: Approve the Resolution.

(Development, Design and Historic Preservation)

ACTION: Resolution No. 98-22634 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Cruz; vote: 7-0.


R8 - Old Business

R8A Update on the Marketing/Publicity Plan for the Electrowave Project.

(Electrowave Results Distributed Under Separate Cover)

(Public Information Office)

ACTION: Verbal status report given. Commissioner Liebman requested an item be placed on the January 21st Commission agenda addressing the use of the Electrowave during Art Deco Weekend. Jackie Gonzalez to handle.

City Clerk Handout: Electrowave Material


R8B Verbal Report by Miami-Dade County Aviation Dept.

(City Manager's Office)

ACTION: Miami-Dade County Aviation Department presented a chart depicting the flight paths of the current aircraft arrivals and departures for a specific time period. Additionally, a chart depicting the proposed changes to the arrival and departure was presented. The proposed changes will be submitted to the FAA for their approval. Miami-Dade County Aviation Department is creating a noise abatement task force. Ms. Bunny Patchen is a member of the newly formed task force. Follow up to be handled by Mayra Diaz Buttacavoli.


R9 - New Business and Commission Requests

R9A 1:30 p.m. Dr. Stanley Sutnick Citizens' Forum.

ACTION: 1) Ada Llerandi commented on the City's Lobbyist Ordinance and questioned the status of a board member wanting to address the Commission and the rights of a citizen speaking before the Commission. The issue of a lobbyist applying for a board/committee membership will be further discussed at the January 12th Commission meeting. 2) Count L.F.M. de W. Rosenthal e Meyerbeer W. Chwdzikiewicz N. Chodkiewicz commented on the financial contributions made to political candidates and requested a committee be created to address the issue. 3) Franklin Zavala-Velez talked about the HIV health Services Planning Council and also requested the City to fund televised sign interpreters for Commission meetings. Julio Grave de Peralta and Legal Departement to handle. 4) Carlos Gonzalez spoke on the homeless issue and requested further assistance from the City to address the problems of the homeless. 5) Bernice Martinez spoke on the enforcement of the ordinance which prohibits skateboarding and bicycling on Lincoln Road. Brad Judd to handle 6) Dell Harmson complained about the fencing at the Garden Center restricting the use of the area by the public. 7) Bea Kalstein congratulated Sergio Rodriguez on his appointment as City Manager and spoke about spending of city tax money and that the governing body is supposed to supply the needs of the community and reminded the Commission of the June 1997 referendum. 8) Toquil Smith commented on civil rights abuse by the Police Department. Mr. Smith was instructed to speak to a representative of the City Manager's office. 9) A citizen from the Virgin Islands complained about police harassing him when he is attempting to do business. He was instructed to speak with Al Childress.

City Clerk Handout: Letter From the Miami-Dade County HIV Health Services Planning Council dated January 5, 1998 to the Honorable William Jefferson Clinton. (Note: letter unsigned) Submitted by #3. Mr. Franklin Zavala-Velez.


R9B Verbal Report regarding Police Security on Washington Avenue.

(Requested by Commissioner Nancy Liebman)

ACTION: Video presentation and verbal report presented by Commissioner Liebman. Commissioner Liebman recommended 1) a review of all recent zoning ordinances dealing with bar separation issues previously drafted, but not adopted; 2) review police officer positions; 3) review the efficiencies/deployment of police officers ; 4) review policies of civilianization to get more officers in the field; 5) review the Police Department's recommendations as presented in their January 6, 1998 memorandum.

Mayor Kasdin to establish an ad hoc committee to address the issue of policing the Washington Avenue area.

City Clerk Handout: Memorandum to City Of Miami Beach Commission from Assistant Chief Scarberry, dated January 6, 1998 RE: Police Security - Washington Ave.


R9C Discussion regarding Home-based Businesses.

(Requested by Mayor Neisen Kasdin)

(Hear in Conjunction with Item C4D)

ACTION: See item C4D for action.


R9D Discussion Regarding the use of the Lot located on the Northeast side of Dade Boulevard and Meridian Avenue for Temporary Parking for the Miami Beach Boat Show.

(Requested by Commissioner David Dermer)

(Hear in Conjunction with Item R6A)

ACTION: An emergency resolution introduced by Commissioner Dermer allowing the Police Athletic League (PAL) to utilize the private vacant lot located at Dade Boulevard and Meridian Avenue for a fund raising event to provide additional parking for the duration of the boat show. Ingress and egress to the lot will be provided exclusively from Prairie Avenue and not Meridian Avenue. Motion to add the item to the agenda as an emergency was made by Commissioner Dermer; seconded by Commissioner Gottlieb; vote: 7-0. Resolution No. 98-22635 adopted as amended, The Mid-Golf Neighborhood Association, the plaintiffs in the prior lawsuit and the PAL to come to a mutually satisfactory conclusion as to ingress and egress. Motion to approve the resolution made by Commissioner Dermer; seconded by Commissioner Gottlieb; vote: 7-0. The following additional language to be included in the resolution: "limit use of the lot to Saturday, Sunday and Monday; no costs, whatsoever, to be borne by the City." "PAL to notify the Parking Department of an agreement between the parties listed above. PAL to monitor the lot; all proceeds to be deposited to the PAL fund. PAL to ensure that the liability insurance policy is in effect. PAL to work with the Police and Park Departments.

City Clerk Handout: Memo from Murray H. Dubbin to Jose Garcia-Pedrosa dated February 13, 1997 RE: Request for a legal opinion on he use of the property located on the NE corner of Dade Blvd. And Meridian Ave by the Police Athletic League.


Reports and Informational Items

A City Attorney Commission Memorandum No. 19-98

City Attorney's Status Report.

ACTION: Written report submitted. Executive Session announced and held. R. Parcher to get a copy of the transcription from the City Attorney.


B Commission Memorandum No. 20-98

Update on Report by FPL on Frequent Power Outages and Planning to Meet Future Electrical Demand.

(Public Works)

ACTION: Written report submitted.


C Commission Memorandum No. 21-98

Parking Projects Status Report.

(Parking Department)

ACTION: Written report submitted.


D Commission Memorandum No. 22-98

Overview and Status Report of the $15 Million General Obligation Parks Improvements Bond Program.

(Requested by Vice-Mayor Smith)

ACTION: Verbal status report presented by Kevin Smith. Vice-Mayor Smith asked how much interest has been accrued to date. Patricia Walker to handle.


End of Regular Agenda



MIAMI BEACH REDEVELOPMENT AGENCY AGENDA

1. ROLL CALL

2. OLD BUSINESS

A. Redevelopment Agency Memo No. 98-1

A Resolution of the Chairman and Members of the Board of the Miami Beach Redevelopment Agency Extending the Termination Date of the Escrow Agreement Dated as of October 21, 1997, Between the Miami Beach Redevelopment Agency, The City of Miami Beach, Florida, RDP Royal Palm Hotel Limited Partnership, and Bloom & Minsker, for a Period of Sixty Days; and Providing an Effective Date.

ACTION: Resolution No. 287-98 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Cruz; vote: 7-0.


End of Redevelopment Agency Agenda

The Commission meeting was adjourned at 5:12 p.m.

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