City of Miami Beach
City Commission Meeting

Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
February 4, 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

February 4, 1998

CONSENT AGENDA

PA Certificate of Appreciation to Perry Fabian.


C2A Agmt w/ Carr Smith Corradino, Concurrency Mgmt System, $61,876.

C2B Separate, Bid Award 8-97/98, Calais Dr. Streetscape Proj., $959,353.40.

C2C Bid Award 13-97/98, Layout and Striping of City Parking Lots, $16,936.

C2D Issue RFP 34-97/98, Mobile Computing Solution for Police Dept.

C2E Accept Ranking of Responses, RFP 134-96/97, Convention Ctr. Signage.

C2F Rescind and Re-Award Bid 32-97/98, Removal of Derelict Houseboat.(5/7)


C4A Refer to Finance & Citywide Proj. Comm./41st Street Beautification Proj.

C4B Refer to Land Use & Development Comm./Lot Split Requirements. (Kasdin)

C4C Separate, Refer to Neigborhood Comm./Washington Avenue Issues. (Kasdin)

C7A Deferred, City of Almonte, Spain, to Participate in Sister City Program.

C7B Grant Application for Gang Intervention Program, $69,980.

C7C Authorize Placement of 90 Banners for Carnaval S. Beach.

C7D Separate, Appropriate $514,000 to General Fund.

C7E Grant Application for Bass Museum Renovation, $500,000.

C7F Separate, Set P. Hrg, Review DRB Approval, 4441 Collins Ave. (Dermer)


REGULAR AGENDA

R5A Amend Classified Employees Salary Ordinance, 1st Rdg.

R5B Amend Unclassified Employees Salary Ordinance, 1st Rdg.

R5C 5:00 p.m. P. Hrg, 2nd Rdg, Amend South Shore Revitalization Strategy.

R5D 5:00 p.m. P. Hrg, 2nd Rdg, Amend City Code.

R5E Newsrack Ordinance, 1st Rdg.


R6A Report on Finance & Citywide Projects Comm. Mtg. of January 15, 1998.


R7A Withdrawn, Raise Schedule of Fees, Collection & Disposal of Garbage.

R7B Approve Prioritization of Parking Projects.

R7C Reject Bids Recvd/Bid No. 16-96/97, Purchase of Electronic Pkg Meters.

R7D Negotiate Contract with Artist Carlos Alves, 1st Floor Lobby.SM/209

R7E Allow Kiwanis to Utilize Private Lots for Parking, Emerg. Basis.(Cruz)

R8A 11:00 a.m. P. Hrg, Review DRB Decision, 20 Venetian Way.

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

R9B Deferred, Disc. re: Lincoln Rd. Marketing Committee.(Liebman)

R9C Disc. to keep Jose Smith as Vice Mayor until November 1999. (Dermer)

R9D Disc. re: Structure of Staffing, Mayor & Commission Office.(Dermer)

R9E Disc. re: Scheduling of Sutnick Citizens' Forum. (Dermer)

R9F 10:30 a.m., Disc. on Domestic Partnership Ordinance. (Dermer)

R9G 4:45 p.m., Disc. re: Special Assessment District. (Kasdin)

R9H Disc. re: Composition of the Committee on the Homeless. (Kasdin)

R9I Appointment of Comm. Susan Gottlieb to PACT. (Kasdin)

R9J 2:30 p.m., Disc. re: Quality of Life issues on Washington Avenue.(Cruz)

R9K Board & Committee Appointments.


R10A Noon Break, Closed Executive Session.


REPORTS AND INFORMATIONAL ITEMS

A Parking Status Report.

B City Attorney's Status Report.

1. Verbal Status Report on Altos Del Mar.

D-Deferred/W-Withdrawn/SM-Supplemental Materials

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


AFTER ACTION


Call to Order - 9:00 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 Perry Fabian upon his retirement from the Budget Advisory Committee.

ACTION: Certificate presented.


CONSENT AGENDA

Consent Agenda approved. Motion made by Commissioner Liebman and seconded by Commissioner Gottlieb; vote: 7-0.


C2A Commission Memorandum No. 56-98

A Resolution Approving and Authorizing the Mayor and the City Clerk to Execute a Professional Services Agreement with Carr Smith Corradino, in the Amount of $61,876 for the Development of an Automated Concurrency Management System (CMS) for the City of Miami Beach, Pursuant to RFP No. 127-96/97, and Funded by the Professional Services Accounts of the Development, Design and Historic Preservation (DDHP) Budget.

Administration Recommendation: Approve the Resolution.

(Development, Design and Historic Preservation)

ACTION: Resolution No. 98-22649 adopted. Janet Gavarrete to handle.


C2B Commission Memorandum No. 57-98

Request for Approval to Award a Contract to Lumeco Management, Inc. in the Amount of $959,353.40, Pursuant to Bid No. 8-97/98 for Calais Drive Streetscape Project.

Administration Recommendation: Authorize the Award.

(Public Works)

ACTION: Award authorized. Motion made by Vice-Mayor Smith; seconded by Commissioner Gottlieb; vote: 7-0. Contract must have project benchmarks and a completion date. Commissioner Gottlieb expressed concern regarding the construction schedule and its impact on the neighborhood. Ira Giller to administer the construction contract. Dave Cates and John De Pazos are assigned project management responsibilities. Mr. Giller and project manager(s) are to immediately report any project slippage to the City Commission. Vice-Mayor Smith requested that Michael Thompson be involved in the project. Commissioner Gottlieb asked if the landscaping around the Normandy fountain area could be enhanced by installing medjool date palms and, in addition, investigate the possibility of swapping trees with -other projects. Mayor Kasdin asked Vice-Mayor Smith to review the contract. Julio Grave de Peralta and Judy Ford to handle.


C2C Commission Memorandum No. 58-98

Request for Approval to Award a Contract to Miguel Lopez, Jr., Inc. in the Estimated Annual Amount of $16,936.00, Pursuant to Bid No. 13-97/98 for a One-Year Contract for Providing Layout and Striping of City Parking Lots and to Upgrade All Disabled Parking Spaces to Current ADA Requirements, with an Option for a Second Year at the City's Discretion.

Administration Recommendation: Authorize the Award.

(Parking Department)

ACTION: Award authorized. Judy Ford and Jackie Gonzalez to handle.


C2D A Resolution Authorizing the Administration to Issue Request for Proposals (RFP) No. 34-97/98 for a Mobile Computing Solution for the Miami Beach Police Department.

Administration Recommendation: Approve the Resolution.

(Information Technology)

ACTION: Resolution No. 98-22650 adopted. Judy Ford to issue RFP. Phyllis Koch to handle.


C2E Commission Memorandum No. 60-98

A Resolution Accepting the Ranking of Responses Received and Authorizing the Administration to Enter into Negotiations for a Contract with the Number One Ranked Firm, Tom Graboski Associates, Inc./Bermello, Ajamil & Partners, Inc., Pursuant to Request for Proposals No. 134-96/97 for Providing Architectural/Engineering Services for the Convention Center Signage Program.

Administration Recommendation: Approve the Resolution.

(Convention Center)

ACTION: Resolution No. 98-22651 adopted. Judy Ford and Mayra Diaz Buttacavoli to handle.


C2F Commission Memorandum No. 61-98

Request for the City Commission to Rescind the Award of an Emergency Contract to A-1 Landclearing & Demolition in the Amount of $13,550, Pursuant to Bid No. 32-97/98 for the Removal of the Derelict Vessel (Houseboat) Located at 5250 Collins Avenue, and to Retroactively Approve the Emergency Contract to Marin & Marin Construction, Inc. in the Amount of $16,000.

Administration Recommendation: Rescind the original award and authorize the new award.

(Asset Management)

ACTION: Administration recommendation approved. Formal bidding waived by 5/7th vote and award authorized Judy Ford to handle. Judy Ford to get the Clerk's office a copy of the contract.


C4 - Commission Committee Assignments

C4A Commission Memorandum No. 62-98

Referral to Finance and Citywide Projects Committee of the Design Development Report for the Proposed 41st Street Beautification Project Phase II.

Administration Recommendation: Refer the Matter.

(Public Works)

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


C4B Referral to the Land Use and Development Committee - City of Miami Beach's Requirements Related to Lot Splits (ref: Letter from Gretchen R.H. Vose.)

Administration Recommendation: Refer the Matter.

(Requested by Mayor Kasdin)

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


C4C Referral to the Neighborhood Committee - Issues regarding Security on Washington Avenue.

Administration Recommendation: Refer the Matter.

(Requested by Mayor Kasdin)

ACTION: Heard in conjunction with R9J.


C7 - Resolutions

C7A Commission Memorandum No. 63-98

A Resolution Extending an Invitation to the City of Almonte, Spain, to become a Sister City and Inviting the People of Almonte, Spain, to Participate in Said Program.

Administration Recommendation: Approve the Resolution.

(City Manager's Office)

ACTION: Deferred.


C7B Commission Memorandum No. 64-98

A Resolution Authorizing the Filing of an Application for a Grant, in the Amount of $69,980.00, and if Funded, Authorizing the Budgeting and Expenditure of Funds, from the Juvenile Justice and Delinquency Prevention State Advisory Group and the Florida Department of Juvenile Justice for a Gang Intervention Grant.

Administration Recommendation: Approve the Resolution.

(Police Department)

ACTION: Resolution No. 98-22652 adopted. Chief Barreto to handle.


C7C Commission Memorandum No. 65-98

A Resolution Approving and Authorizing the Placement of Ninety (90) Banners for Carnaval South Beach to Be Held in Lummus Park from 5th to 15th Street on March 1, 1998, as Requested by the Applicant, The Kiwanis Club of Little Havana, At the Following Locations: I-395 McArthur Causeway, Starting at Miami Beach City Limits; 5th Street, from Alton Road to Ocean Drive; Washington Avenue, from 17th Street to Dade Boulevard; A1A Collins Avenue, from 5th Street to 41st Streets; 17th Street, from Meridian to Washington Avenues; Harding Avenue, from 71st to 87th Streets; and 41st Street, from Alton Road to Collins Avenue; Further Requiring That These Banners Meet All City Requirements and Be Installed No Earlier than February 19, 1998, and Removed by March 3, 1998.

Administration Recommendation: Approve the Resolution.

(Special Events)

ACTION: Resolution No. 98-22653 adopted. James Quinlan to handle.


C7D Commission Memorandum No. 66-98

A Resolution Appropriating $514,000 to the Reserve for Contingencies in the General Fund from the Unappropriated Fund Balance of the General Fund.

Administration Recommendation: Approve the Resolution.

(Finance Department)

ACTION: Resolution No. 98-22654 adopted. Motion made by Commissioner Gottlieb; seconded by Vice-Mayor Smith; vote: 7-0; Commissioner Gottlieb requested Resolution No. 96-22014 be amended at the next City Commission meeting, defining the process of how contingency funds may be spent and any expenditures will requiring a 5/7th vote of the Commission. Patricia Walker to handle.


C7E Commission Memorandum No. 67-98

A Resolution Retroactively Authorizing the Administration to Make a Grant Application to the State of Florida Division of Cultural Affairs for a $500,000 Cultural Facilities Grant for the Bass Museum of Art's Renovation and Construction Project.

Administration Recommendation: Approve the Resolution.

(Bass Museum)

ACTION: Resolution No. 98-22655 adopted. Mayra Diaz Buttacavoli to handle.

Clerk's note: Resolution No. 93-20726, 2nd Whereas clause needs to be changed to 93-20743. R. Parcher to handle.


C7F Commission Memorandum No. 68-98

A Resolution Setting a Public Hearing to Review the Design Review Board's Approval of a 41 Story Condominium Building at 4441 Collins Avenue.

Recommendation: Approve the Resolution.

(Requested by Commissioner David Dermer)

ACTION: Discussion held. Resolution not adopted. Motion made by Commissioner Dermer to set a public hearing within 5 days to meet the required the 45-day appeal limit; seconded by Commissioner Shapiro; vote: 5-2; opposed: Mayor Kasdin; Vice-Mayor Smith; Commissioners Cruz, Gottlieb and Liebman. Motion failed.


End of Consent Agenda



REGULAR AGENDA

R5 - Ordinances

R5A Commission Memorandum No. 69-98

An Ordinance Amending Ordinance No. 789, the Classified Employees Salary Ordinance, by Abolishing the Classifications of Fleet Operations Supervisor I, Maintenance Mechanic, Park Ranger, Parking Field Supervisor, Parking/Events Attendant, Recreation Operations Mechanic, and Tree Maintenance Assistant Supervisor; Establishing the Classifications of Employee Benefits Specialist, Police Fleet Specialist, Senior Plumbing Inspector, and Service Supervisor, and Establishing the Classification of Permit Clerk II for Employees Commencing Employment prior to, on, or after February 21, 1994; Amending the Titles of the Classifications of Permit Clerk and Records Technician for Employment prior to, on, or after February 21, 1994; Establishing New Salary Ranges for the Classifications of Plumbing Supervisor and for Employees Holding the Classifications of Electrical Inspector, Elevator Inspector, Engineering Inspector Mechanical Inspector and Plumbing Inspector Commencing Employment prior to, on, or after February 21, 1994; Providing for a 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.

(Human Resources)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Liebman and seconded by Commissioner Gottlieb; vote: 6-0; Mayor Kasdin absent. Second reading and public hearing scheduled for March 4th at 11:15 a.m. R. Bender to handle. R. Parcher to publish notice.


R5B Commission Memorandum No. 70-98

An Ordinance Amending Ordinance No. 1605, the Unclassified Employees Salary Ordinance, by Abolishing the Classifications of Assistant Development Officer, Central Services Division Director, Contract Administrator, Development Services Coordinator, Information Technology Specialist I (Telecom), Information Technology Specialist III (Telecom), Risk Manager, Security Specialist I, and Security Specialist II; Establishing the Classifications of Graffiti Removal Coordinator and Police Public Information Officer; Amending the Titles of the Classifications of Application Systems Manager, Telecommunications Manager, Computer & Communication Division Director, and Systems Support Manager; Providing for a 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.

(Human Resources)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Gottlieb and seconded by Commissioner Cruz; vote: 5-0; absent: Mayor Kasdin and Commissioner Shapiro. Commissioner Dermer requested a comparison of the current and adopted salary ranges. Second reading and public hearing scheduled for March 4th at 11:30 a.m. R. Parcher to publish notice.


R5C Commission Memorandum No. 71-98

An Ordinance Approving Amendments to the "South Shore Revitalization Strategy," An Approved Redevelopment Plan Under the Provisions of Sections 163.360 and 163.361, Florida Statutes, Providing an Extension for the Completion Date for the Strategy and Modifications to the Parking Provisions; Providing for Severability; and Providing for an Effective Date. Joint City Commission and Redevelopment Agency 5:00 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Development, Design and Historic Preservation)

(Continued from 1/21/98)

ACTION: Public hearing opened and continued to February 18th at 5:00 p.m. Motion made by Commissioner Cruz and seconded by Commissioner Dermer; vote: 7-0. Commissioner Dermer requested a copy of the Redevelopment Agency (RDA) check registers and income and expense journals for the past 10 years. Commissioner Shapiro questioned how the tax increment revenues of the district can be used to pay for their fair share of the municipal services and capital provided by the City. Report back at the next Commission meeting.


R5D Commission Memorandum No. 72-98

An Ordinance by the Mayor and City Commission Amending Section 2-72.1 of the Code of the City of Miami Beach, Florida to include therein the latest amendments to the South Shore Revitalization Strategy plan adopted on February 15, 1984; Repealing all Ordinances and Resolutions in Conflict herewith; providing for a severability; codification; and providing for an effective date. .5:00 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Development, Design and Historic Preservation)

(Continued from 1/21/98)

ACTION: Public hearing opened and continued to February 18th at 5:00 p.m. Motion made by Commissioner Cruz and seconded by Commissioner Dermer; vote: 7-0.


R5E Commission Memorandum No. 73-98

An Ordinance Amending Chapter 23 of the City Code Entitled "Newsstands and Newsracks" Amending Section 23-9 Entitled "Statement of Purpose" by Adding Provisions Regarding the Maintenance and Protection of Property Values; Amending Section 23-10 Entitled "Definitions" By Adding and Amending Certain Definitions; by Amending Section 23-11 Entitled "Registration, Fee, Letter of Compliance" by Amending the Procedures and Fees for Registering Newsracks; Amending Section 23-13 Entitled "Maintenance and Installation Standards" by Amending Restrictions on the Type, Size, and Appearance of Newsracks and Newsrack Storage Boxes; Amending Section 23-14 Entitled "Placement of Newsracks" by Amending Restrictions on the Location of Newsracks and Providing That Appeals of Decisions of the Public Works Director Pertaining to the Retention of Non-Conforming Locations of Newsracks Shall Be to the Special Master Instead of the Environmental Committee; Amending Section 23-19 Entitled "Release of Stored Newsracks, Storage Fee; Inspection Fee" by Amending the Provisions for Return of Stored Newsracks, and Amending Storage Fees and Reinspection Fees; Amending Section 23-21 Entitled "Abandoned Newsracks" by Amending the Criteria for Abandoned Newsracks and Substituting the Special Master for the Property Maintenance Standards Appeals Board for Making Determinations Regarding Abandoned Newsracks; Amending Section 23-22 Entitled "Hearings" to Provide for Proceedings Before the Special Master Instead of the Property Maintenance Standards Appeals Board; Amending Section 23-23 Entitled "Appellate Procedure after Hearings" to Provide for an Appellate Procedure after Hearings Before the Special Master; and Amending Section 23-26 Entitled "Application of Article II" to Reduce the Time for Compliance with this Ordinance, or Any Amendment Thereto, from Three (3) Months to Thirty (30) Days after Their Effective Date; Providing for Codification; Severability; Repealing All Ordinances in Conflict Therewith; and Providing for an Effective Date. First Reading

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

(City Manager's Office)

(Hear in conjunction with items R6A, R7A, R7B, R7C)

(Action is a Result of the Finance and Citywide Projects Committee Meeting of January 15, 1998)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Gottlieb and seconded by Commissioner Liebman; vote: 4-3; opposed: Commissioners Cruz, Dermer and Shapiro. Second reading and public hearing scheduled for February 18th at 10:15 a.m. R. Parcher to publish notice.


R6 - Commission Committee Reports

R6A Commission Memorandum No. 74-98

Report on the Finance and Citywide Projects Committee Meeting of January 15, 1998 regarding the following items: 1) Report on the Bass Museum Expansion and Renovation Project; 2) South Pointe Funding Strategy and Possible Future Bond Issues; 3) Prioritization of Parking Bond Projects; 4) Citywide Energy Audit Results and Energy Conservation Performance-Based Contract with Johnson Controls, Inc.; 5) An Ordinance Amending the Placement of Newsracks on the Public Right-of-Way; 6) An Ordinance Amending Miami Beach City Code, Chapter 14A, Section 24, by Adding a Sanitation Impact Fee; and 7) A Resolution Raising the Schedule of Fees for City Collection and Disposal of Garbage and Trash, and Replacing Monthly Billing with Quarterly Billing by the City of Miami Beach.

(Hear in conjunction with items R5E, R7A, R7B, R7C)

ACTION: Report presented by Commissioner Cruz.


R7 - Resolutions

R7A Commission Memorandum No. 75-98

A Resolution Raising the Schedule of Fees for City Collection and Disposal of Residential Garbage and Trash Pursuant to Ordinance No. 91-27622, Increasing the Monthly per Residential Unit Rate by $2.43 to Equal the Increase in the Rate Already Paid by the City to the Contracted Waste Hauler; Said Increase to be Retroactive to October 1, 1997.

(Action is a Result of the Finance and Citywide Projects Committee Meeting of January 15, 1998)

Administration Recommendation: Approve the Resolution.

(Sanitation Department)

ACTION: Withdrawn.


R7B Commission Memorandum No. 76-98

A Resolution Approving and Adopting the Prioritization of Parking Projects Recommended by the Finance and Citywide Projects Committee. (Action is a Result of the Finance and Citywide Projects Committee Meeting of January 15, 1998)

Administration Recommendation: Approve the Resolution.

(Parking Department)

ACTION: Resolution No. 98-22656 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Cruz; vote: 6-1; Commissioner Shapiro opposed. Commissioner Gottlieb requested a revenue projection analysis on the 7th St. garage based on 2nd quarter results. Patricia Walker to prepare a trend analysis based on the projection. Administration to report back to the Commission. Commissioner Shapiro expressed his concern with parking garage traffic entering and exiting onto Collins Avenue.


R7C Commission Memorandum No. 77-98

Request for Authorization to Reject All Bids Received in Response to Invitation to Bid No. 16-96/97 for the Purchase of Fully Electronic Parking Meters, and Approval for the Administration to Develop a Request for Proposals (RFP) for the Lease/Purchase of Electronic Parking Meters.

(Action is a Result of the Finance and Citywide Projects Committee Meeting of January 15, 1998)

Administration Recommendation: Reject all Bids.

(Parking Department)

ACTION: Motion made by Commissioner Gottlieb to reject the bids; seconded by Commissioner Cruz; vote: 7-0. Judy Ford to notify bidders. A new recommendation will be presented at the March 4th Commission meeting. Jackie Gonzalez and Judy Ford to handle.


R7D Commission Memorandum No. 78-98

A Resolution Authorizing the Administration to Negotiate a Contract with Artist Carlos Alves for the Design, Materials, and Installation of Floor Tile in the First floor Lobby of City Hall.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 98-22657 adopted. Motion made by Commissioner Liebman and seconded by Commissioner Gottlieb; vote: 6-1; Commissioner Dermer opposed. Julio Grave de Peralta to handle.

City Clerk Handout: Rendering of the floor design. The handout rendering is different from the one presented at the commission meeting.


R7E Commission Memorandum No. 79-98

A Resolution Finding and Declaring the Existence of an Emergency and Allowing The Kiwanis Club of Little Havana, Inc. (Kiwanis) a Not-for-Profit Corporation, to Utilize the Private Lots Generally Located at 230 Biscayne Street, 35 Collins Avenue, 6 Ocean Drive, 64 Ocean Drive, 67 Collins Avenue, 1688 Michigan Avenue, and 420 Collins Avenue, Respectively, as well as The Ocean Parcel, to Provide Additional Parking Throughout the Duration of Carnival Miami/South Beach (Carnival), Currently Scheduled for March 1, 1998; Providing that the Subject Permission is Granted on a One-Time Only Emergency Basis, In Lieu of the Current Parking Crisis in the City of Miami Beach, Particularly During Large Special Events Such as Carnival, and in Order to Accommodate the Unique Emergency Created by the Increased Parking Demands of Patrons Attending Carnival; further Provided that the Subject Permission is Granted Without Establishing Precedent so as to Satisfy this Unique Emergency Situation.

Recommendation: Approve the Resolution.

(Office of the Mayor and Commission)

ACTION: Resolution No. 98-22658 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Cruz; 5/7 vote required; vote: 7-0.


R8 - Old Business and Administration Reports

R8A Commission Memorandum No. 80-98

Request for the City Commission to Review a Design Review Board Decision Approving the Construction of a 135 unit, 26 story Condominium Building, at 20 Venetian Way, Miami Beach. 11:00 a.m. Public Hearing

Administration Recommendation: The Administration recommends that the City Commission uphold the decision of the Design Review Board (DRB), wherein it approved the construction of a 135 unit, 26 story condominium building at 20 Venetian Way (DRB File No. 9188).

(Planning Department)

(Scheduled on 1/21/98)

ACTION: Public hearing held. Motion was made by Commissioner Liebman to uphold the appeal by reversing the decision of the Design Review Board based on a lack of substantial and competent evidence; seconded by Commissioner Gottlieb. Motion amended by Commissioner Dermer to reverse and remand with instructions to the applicant to file a new application based on zoning-in-progress ordinance and that if bonuses are to be used the question should be decided via a referendum. Amendment accepted. Vote: 7-0. Commissioner Liebman's motion was based on the following rationale: 1) traffic mitigation plan was not approved; 2) DRB did not have competent evidence as to what the mitigation plan was based on; 3) design bonuses were not validated due to absence of xeriscape and large natural landscaping plans; 4) insufficient data on the concurrency issue and seasonal study; 5) problems with the site and site compatibility; 6) no structural report as to the adequacy of the land to accommodate building size; and 7) no neighborhood meetings were held.

City Clerk Handouts:

1) Section 22-1 of the Zoning Ordinance (89-2665) pages 22.1, 22.2, 22.3.

2) Hand drawing of the buildings presented by Mr. John Shubin, Law firm of Shubin & Bass.

3) Transcript of tape recording proceeding DRB File 9188 -20 Venetian Way dated Sept 9, 1997.

4) Transcript Design Review Board dated Monday, November 17, 1997 2:40pm - 4:25pm.

5) Condensed Transcript and Concordance of the Design Review Board Dated November 17, 1997 pages 1 to 105


R9 - New Business and Commission Requests

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

ACTION: The following citizens were heard: 1) Bunny Patchen appeared and gave a verbal report on the January 28th Dade County (Airport) Noise Abatement Task Force. Ms. Patchen advised the Commission that ANOMS (Airport Noise in Operation Monitoring System a computer software system) will be partially installed within six weeks and in operation within 2-3 months. One will be installed on the easterly end of the Venetian Causeway and one in the Surprise Lake area. Ms. Patchen informed the Commission that a public hearing was scheduled by FAA for February 4th at 7:00 p.m. 2) Carlos Gonzalez spoke on the homeless issue and requested further assistance from the City to address the problems of the homeless. 3) Joe Fontana briefed the Commission on the success of the bus shelters. He commended Mayra Diaz Buttacavoli, Julio Grave de Peralta and Jorge Chartran for their assistance. 4) Gertrude Miller commented on the electric shuttle buses and felt that the City needed more publicity. Suggested that the buses be named and that the naming should be done through competition. 5) Mo Morgen, owned of Mo Jazz Cafe, presented a petition of business owners in the area requesting that the North Beach street scape project be completed by February 20th and requested that the City hold a dedication ceremony with appropriate advertising. He also requested the City to address the parking problem in the area. 6) Khowja (John) Anwari expressed his concerns of the homeless, disabled, and the destitute living in he streets of America. Handout: Hand printed letter. 7) Franklin Zavala-Valdez spoke about the recently adopted City of Miami Ordinance No. 11581 which prohibits employees of Miami-Dade County or any municipality other than Miami from serving on any City of Miami board and complained that the ordinance is in violation of Federal law. 8) Jo Asmundsson complemented the Police, Fire, and Public Works departments for their efforts during the recent storm. 9) Micky Ann Mallory spoke about the homeless women in the city and inquired if there were any shelters in the area for homeless women. Ms. Mallory was instructed to meet with a representative of the City Manager's office. 10) Toquil Smith complained about being arrested for loitering and prowling without probable cause. 11) Ada Llerandi complained about the lack of appropriate signage regarding the use of the electric shuttle buses during the Art Deco Weekend and that only two vehicles were used. Also, Ms. Llerandi stated that the standards of the conflict of interest ordinance should apply to the Commissioners as well as to the citizens/lobbyists. 12) Ms. Hermina Stoluielb (sp) complained about a plumbing problem and spoke to the City's utility billing division about her water bill. 13) Bea Kalstein stated that the ethics ordinance was adequate but felt that additional ethical conduct was needed. With regard to the complaints from the homeless people, Ms. Kalstein felt that the homeless should speak for themselves and that there are city laws which prohibit people from residing in public and that there is assistance available from the County.


R9B Discussion regarding the Issues Addressed in the Letter from Lincoln Road Marketing Executive Committee.

(Requested by Commissioner Nancy Liebman)

ACTION: Deferred.


R9C Discussion to keep Jose Smith as Vice Mayor until November 1999.

(Requested by Commissioner David Dermer)

ACTION: Withdrawn.


R9D Discussion regarding the Structure of Staffing in the Mayor and Commission Office.

(Requested by Commissioner David Dermer)

ACTION: Discussion held. Motion made by Commissioner Dermer to segregate the budget, with each Commissioner assigned their own aide/secretary and allowing the Mayor additional staff. Any commissioner who does not need their own aide/secretary can transfer the savings back to the general fund. No second was offered to the motion. Mayor Kasdin to call a Committee of the Whole meeting.


R9E Discussion regarding Scheduling of the Sutnick Citizens' Forum for every meeting rather than only once per month.

(Requested by Commissioner David Dermer)

ACTION: Discussion held. Motion was made by Commissioner Dermer to schedule the Sutnick Citizens' Forum twice a month; seconded by Commissioner Cruz. After discussion, Commissioner Cruz amended the motion for the Sutnick Citizens' Forum to be held once a month, but that the hour be split into two(2) 30-minute sessions with one session at 1:30 p.m. and the other session at 5:30 p.m. This would give working individuals an opportunity to express their concerns. Amendment was accepted by Commissioner Dermer. Vote: 7-0.


R9F Commission Memorandum No. 81-98

Discussion on Domestic Partnership Ordinance.

(Requested by Commissioner David Dermer)

ACTION: Discussion held. Gary Knight, Edward Guedes, and City Attorney's office to finalize the ordinance. Commission expecting the ordinance to be presented for a workshop or Commission action sometime in mid-April.


R9G Discussion regarding Letter from Mr. Edward Resnick on his proposal of a Special Assessment District.

(Requested by Mayor Neisen Kasdin)

ACTION: Discussion held concerning Mr. Resnick's proposal to create a special assessment district in the South Pointe area using the revenue generated to purchase the Alaska parcel for creation of a park. Commissioner Liebman asked what impact creation of the district would have on the South Pointe streetscape project and to clarify exactly the boundaries of the proposed district. Administration to continue discussions with Mr. Resnick and representatives of South Pointe Towers, Portofino Towers, and others. Discussions to encompass creation of the special assessment district, cost factors of the Alaska parcel purchase and other financial issues. Prepare a park landscaping sketch of how the area could be used.. Mr. Resnich was requested to survey the area residents as to how many would favor creation of a special assessment district. Administration to report back at the March 18th Commission meeting. Harry Mavrogenes to handle.


R9H Discussion regarding the Composition of the Committee on the Homeless.

(Requested by Mayor Kasdin)

ACTION: Discussion held. Motion made by Commissioner Gottlieb approving the composition as outlined and in the memorandum and as amended on the floor and seconded by Commissioner Liebman; vote: 7-0. Amendment includes "former homeless?" and a representative of the Housing Authority. Memorandum to reflect the following correction: "Dade County Homeless Trust". City Attorney to prepare the amendment to Ordinance No. 97-3086.


R9I Appointment of Commissioner Susan Gottlieb to the Performing Arts Center Trust.

(Requested by Mayor Kasdin)

ACTION: Appointment of Commissioner Gottlieb confirmed. Motion made by Commissioner Liebman and seconded by Vice-Mayor Smith; vote: 7-0. Mayra Diaz Buttacavoli to handle.


R9J Discussion regarding Traffic, Gang-related Activity, and other Quality of Life issues on Washington Avenue.

(Requested by Commissioner Cruz)

ACTION: Discussion held in conjunction with C4C. City Manager stated that the problem must be addressed comprehensively not just as a police issue. Commissioner Cruz suggested that a Mayoral Task Force be created to include representatives from Administration, the Police Department, the City Attorney's office and business owners in the area to address the issue. Task Force to review the different uses in the area that are creating the nuisances such as under-age drinking, fake Id's, video arcades, pizza parlors, promoters, limit access on the McArthur Causeway, additional use parking on lot (paved) around South Pointe, Markets selling beer and wine, distance separation between bars, etc.. Mayor Kasdin suggested that other issues need to be reviewed: distance separation between bars; bars having no restaurant operation. Janet Gavarrete to prepare a chart identifying the problems, departments responsible, and what action(s) need to be done to eliminate the problems.

City Clerk Handout: City of Miami Beach Memorandum from Chief Scarberry to Mayor Kasdin via Sergio Rodriguez, City Manager and Richard Barreto, Chief of Police RE: Washington Ave/South Beach dated February 3, 1998


R9K Commission Memorandum No. 82-98

Board and Committee Appointments for meeting of February 4, 1998.

ACTION: The Commission, on six (6) separate ballots, did not make an appointment to the Board of Adjustment in the category of General Business or Architecture or CPA.

No at-large Commission appointments made. The following direct appointment announced:

Community Relations Board:

Arnie Smith (Mayor Kasdin)

R. Parcher to notify appointee.


City Attorney Reports

R10A Closed Executive Session.

Pursuant to Section 286.011, Florida Statutes, a Closed Executive Session will be held during lunch recess to discuss the following items:

Kent Harrison Robbins v City of Miami Beach, Eleventh Judicial Circuit Court, Case Nos. 95-04378 CA 27, 95-18753 CA 27, 94-2347 CA 13, 95-4580, 95-2997; City of Miami Beach v Metro-Dade County, Dan Inc., Altos Del Mar Corporation, and Kent Harrison Robbins, Eleventh Judicial Circuit Court, Appellate Division Case No. 97-229AP; Kent Harrison Robbins et al v Department of Community Affairs et al. DOAH Case No. 97-054GM and Third District Court of Appeal, Case No. 98-00038.

West Side Partners, LTD. vs City of Miami Beach and Miami Beach Redevelopment Agency. Circuit Court of the Eleventh Judicial Circuit in and for Dade County Florida, Case No. 82-24526-CA-30.

The Closed Executive Session will be held in the City Manager's large conference room, Fourth Floor, City Hall .

ACTION: The Executive Session was announced and held.


Reports and Informational Items

A Commission Memorandum No. 83-98

Parking Status Report.

(Parking Department)

ACTION: Written report submitted.


B Commission Memorandum No. 84-98

City Attorney's Status Report.

1. Verbal Status Report on Altos Del Mar.

(City Attorney's Office)

ACTION: Not reached.


End of Regular Agenda


MIAMI BEACH REDEVELOPMENT AGENCYAGENDA

1. ROLL CALL

2. OLD BUSINESS

A. Redevelopment Agency Memo No. 98-2

A Joint Public Hearing of the City of Miami Beach Commission and the Miami Beach Redevelopment Agency regarding Amendments to the "South Shore Revitalization Strategy," an Approved Redevelopment Plan under the Provisions of Sections 163.360 and 163.361, Florida Statutes; and a Resolution of the Chairman and Members of the Miami Beach Redevelopment Agency Confirming the Action of the City Commission with regard to said Amendments, Providing an Extension for the Completion Date for the Strategy and Modifications to the Parking Provisions; Providing for Severability; and Providing for an Effective Date.

ACTION: Public hearing opened and continued to February 18th at 5:00 p.m. Motion made by Commissioner Cruz and seconded by Commissioner Dermer; vote: 7-0.


Redevelopment Agency Memo No. 98-2-A

South Pointe Financial Information FY1993 - FY 1997 and Projections of Revenues and Needs

Written report submitted with meeting materials.


End of Redevelopment Agenda

The Commission meeting was adjourned at 8:04 p.m.

SR:REP:dm