City of Miami Beach
City Commission Meeting

Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
February 18, 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


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


AFTER ACTION


Call to Order - 9:17 a.m.

Inspirational Message and Pledge of Allegiance

Requests for Additions, Withdrawals, and Deferrals

PA - Presentations and Awards

PA1 Certificates of Appreciation to be Presented to Members of the Fine Arts Board.

(City Manager's Office)

ACTION: Certificates presented.


PA2 A Certificate of Appreciation to be Presented to Maurice Weinman for his Dedication Toward Our Veterans.

ACTION: Certificate presented in the afternoon session.


PA3 Acknowledgement of Black History Month

ACTION: Item not on agenda. Acknowledgement of Black History Month.


CONSENT AGENDA

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


Emergency Item: At the request of Mayor Kasdin, item R9J, a report from the Miami-Dade County Grand Jury regarding absentee ballot fraud, was placed on the Agenda. Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb; vote: 7-0. See R9J for Commission Action.


Emergency Item: Nature of emergency was a request for funding from TMA for the purchase of six sets of additional batteries for the Electro Wave Shuttle. Motion was made by Commissioner Liebman to add the item to the agenda as an emergency; seconded by Commissioner Gottlieb; vote: 7-0. Patricia Walker and Harry Mavrogenes to handle.

Discussion held. Motion was made by Commissioner Liebman to approve a one-time appropriation, on an emergency basis, of $40,000 from the Contingency Fund and $23,000 from the vehicle maintenance budget for the purchase of six (6) sets of replacement batteries at $10,500 per set; seconded by Commissioner Gottlieb; vote: 7-0. After-the-fact Resolution No. 98-22670 adopted. Amelia Johnson to handle resolution.


C2 - Competitive Bid Reports

C2A Commission Memorandum No. 86-98

Request for Approval to Award a Purchase Order to Garber Chevrolet GEO, Inc., in the Amount of $118,265 Pursuant to the Florida Sheriff's Association Bid No. 97-05-0915 for the Purchase of Seven (7) 1998 Chevrolet Luminas. Funding: Police Confiscation Account.

Administration Recommendation: Authorize the award.

(Fleet Management)

ACTION: Award authorized. Judy Ford to issue Purchase Order. Drew Terpak to handle.


C2B Commission Memorandum No. 87-98

Request for Approval to Award a Purchase Order to Duval Ford, Inc., in the Amount of $300,408 Pursuant to the Florida Sheriff's Association Bid No. 97-05-0915 for the Purchase of Thirteen (13) 1998 Ford Crown Victoria Vehicles. Funding: Police Confiscation Account.

Administration Recommendation: Authorize the award.

(Fleet Management)

ACTION: Award authorized. Judy Ford to issue Purchase Order. Drew Terpak to handle.


C2C Commission Memorandum No. 88-98

Request for Approval to Award a Purchase Order to Metro USA Distributors, in the Amount of $27,802.05 Pursuant to Metropolitan Dade County Bid No. 5038-3 for the Purchase and Installation of Equipment to Outfit 13 Marked Police Vehicles. Funding: Police Confiscation Account.

Administration Recommendation: Authorize the award.

(Fleet Management)

ACTION: Award authorized. Judy Ford to issue Purchase Order. Drew Terpak to handle.


C2D Commission Memorandum No. 89-98

Request for Approval to Award a Purchase Order to Kaiser Pontiac-Buick- GMC Truck Inc., in the Amount of $56,279.18 Pursuant to the State of Florida Contract # 070-001-96-1 for the Purchase of Two (2) 1998 GMC 1-Ton 4 x 4 Pickup Trucks. Funding: Property Management Budget Account.

Administration Recommendation: Authorize the award.

(Fleet Management)

ACTION: Award authorized. Judy Ford to issue Purchase Order. Drew Terpak to handle.


C2E Commission Memorandum No. 90-98

Request for Approval to Rescind Award Made to Ed Morse Chevrolet Fleet Sales, via Commission Memorandum No. 170-97 dated March 19, 1997, Due to the premature cutoff date by the Manufacturer for Ordering New (1997) Vehicles; Request for Approval to Waive the Competitive Bid Process, and Award a Purchase Order to Friendly Ford Inc., in Order to exercise the Purchase Option of the Vehicle Currently being Leased, in the Amount of $13,598.24 for One (1) 1996 Ford 1/2 Ton 4 X 4 Pickup Truck. Funding: Citywide South Beach Area Account.

Administration Recommendation: Rescind award made to Ed Morse Chevrolet Fleet Sales; waive the competitive bid process; and, authorize the award.

(Fleet Management)

ACTION: Award rescinded. Approval to waive the Competitive Bid Process and Award a Purchase Order to Friendly Ford Inc. Judy Ford to notify Ed Morse Chevrolet Fleet Sales and to issue the Purchase Order. Drew Terpak to handle.


C2F Commission Memorandum No. 91-98

Request to Reject All Bids Received Pursuant to Bid No. 124-96/97 for the Miami Beach Police Department Lobby Renovations, to Allow the Issuance of a New Bid with Revised Specifications.

Administration Recommendation: Reject all bids.

(Police Department)

ACTION: Rejection of Bids authorized. Judy Ford to notify bidders and re-issue new bid. Chief Barreto to handle.


C4 - Commission Committee Assignments

C4A Commission Memorandum No. 92-98

Referral to the Finance and Citywide Projects Committee of the Proposed Installation of a New Electrical Transmission Line by FPL and the Citywide Overhead to Underground Conversion of Electrical Lines.

Administration Recommendation: Refer the matter.

(Public Works)

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


C4B Commission Memorandum No. 93-98

Referral to the Finance and Citywide Projects Committee of the Two Grant Applications for the Potential Acquisition of Land for Natural Resource Conservation, Outdoor Recreation and Urban Greenspace.

Administration Recommendation: Refer the matter.

(Recreation, Culture and Parks)

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


C4C Referral to the Land Use and Development Committee - Discussion regarding Amendment to the Regulations for Contributing Structures Located in Historic Districts.

Recommendation: Refer the matter.

(Requested by Commissioner Nancy Liebman)

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


C4D Referral to the Planning Board - Amendment to the Zoning Ordinance regarding the Time Period for Filing an Appeal.

Recommendation: Refer the matter.

(Requested by Vice-Mayor Jose Smith)

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


C4E Referral to the Neighborhoods Committee - The Neighborhoods First Program.

Recommendation: Refer the matter.

(Requested by Mayor Neisen Kasdin)

ACTION: Referred. Ronnie Singer to place on the committee agenda.


C4F Referral to the Land Use and Development Committee - Request to Establish a Special Meeting of the Land Use and Development Committee to discuss the Board of Rules and Appeals meeting regarding Sidewalk Cafes.

Recommendation: Refer the matter.

(Requested by Commissioner Nancy Liebman)

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


C4G Referral to the Planning Board - Concurrency Matters relative to Traffic in the Historic District.

Recommendation: Refer the matter.

(Requested by Commissioner Nancy Liebman)

ACTION: Withdrawn.


C7 - Resolutions

C7A Commission Memorandum No. 63-98 Revised

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: Adopt the Resolution.

(City Manager's Office)

(Deferred from 2/4/98)

ACTION: Resolution No. 98-22659 adopted. Ronnie Singer to handle.


C7B Commission Memorandum No. 95-98

A Resolution Electing the Commissioner Serving in Group II, Commissioner David Dermer, as Vice-Mayor for a Term Commencing on March 1, 1998 and Terminating on June 30, 1998 or on such date when a New Vice-Mayor is thereafter Elected.

Administration Recommendation: Adopt the Resolution.

(City Clerk's Office)

ACTION: Resolution No. 98-22660 adopted. R. Parcher to handle.


C7C Commission Memorandum No. 96-98

A Resolution Amending Resolution No. 96-22014 Which Established a Contingency Reserve Fund Which Shall be Maintained at a Minimum of 11% of the Annual General Fund Budget by Amending the Procedures for its Use.

Administration Recommendation: Adopt the Resolution.

(Finance Department)

ACTION: Resolution No. 98-22661 adopted. Patricia Walker to handle.


C7D Commission Memorandum No. 97-98

A Resolution Retroactively Authorizing the City Manager to Submit an Application and Execute an Interlocal Agreement with the Miami-Dade County Office of Americans with Disabilities Act, to Receive a Grant Award for Fiscal Year 1997/98 in the Amount of $61,635.93.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 98-22662 adopted. Julio Grave de Peralta to handle.

Mr. Franklin Zavala-Velez spoke on this item after lunch recess. Mr. Zavala-Velez requested a sign-language interpreter television display bubble or closed-captioned services for all Commission Meetings. Commissioner Dermer requested this administration to report back in 30-days with a plan and cost estimate. R. Parcher to forward equipment cost estimates to Julio Grave de Peralta.


C7E Commission Memorandum No. 98-98

A Resolution Authorizing the City to Apply for, Receive, and Appropriate Emergency Medical Services Grant Award Funds to Improve and/or Expand Pre-Hospital Emergency Medical Services, and Authorizing the Mayor and City Clerk to Execute a Letter of Understanding and Any and All Necessary Applications and Documents.

Administration Recommendation: Adopt the Resolution.

(Fire Department)

ACTION: Resolution No. 98-22663 adopted. Chief Garcia to handle.


C7F Commission Memorandum No. 99-98

A Resolution Adopting the Third Amendment to the Police Confiscation Trust Fund for Fiscal Year 1997/98, in the amount of $455,600 to be funded from the Proceeds of State Confiscated Funds for the Purchase of Twenty (20) Equipped Vehicles to be used to Continue the Implementation of the Fraternal Order of Police Vehicle Take Home Program. (Third Amendment FY 97/98).

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Motion made by Commissioner Liebman to not approve the resolution until contract negotiations with the FOP have been concluded. No second was offered to the motion. Resolution No. 98- 22664 adopted. Motion to approve the resolution; vote: 6-1; Commissioner Liebman Opposed. Chief Barreto and Patricia Walker to handle.


C7G Commission Memorandum No. 100-98

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute an Agreement with the International Council for Local Environmental Initiatives (ICLEI), which has Awarded a $25,000 Grant Toward the 1997-98 Electrowave Operations Budget; Appropriating the Grant Funds When Received; and, Further Agreeing to Participate in ICLEI's "Cities for Climate Protection Campaign."

Administration Recommendation: Adopt the Resolution.

(Community and Economic Development)

ACTION: Resolution No. 98-22665 adopted. Harry Mavrogenes to handle.


C7H Commission Memorandum No. 101-98

A Resolution Accepting the Recommendation of the City Manager to Waive Formal Bidding Requirements, by 5/7ths Vote, and Authorizing the Administration to Negotiate a Contract with Stars on Miami Beach, Inc. for the Purpose of Honoring Arts and Entertainment Celebrities by Presenting them a Marble "Star" with their Name Engraved, Incorporating Next to the Star, their Hand and Footprints Imprinted and Signature on a Plaque; Finding Such Waiver to be in the Best Interest of the City Because of the Unique Nature of the Services to be Provided by Stars on Miami Beach, Inc.

Administration Recommendation: Adopt the Resolution

(Recreation, Culture and Parks Department)

ACTION: Resolution not adopted. Motion made by Commissioner Cruz to refer the item to the Neighborhood Committee; seconded by Commissioner Dermer; vote: 7-0. Commissioner Gottlieb requested the Administration to determine: 1) Is there a need? 2) Does the City want to do this? Administration to forward the request to the Tourist and the Convention Center Expansion Authority (TCCEA) and the Convention Center Advisory Board (CCAB) for their recommendation. Commissioner Liebman requested the Administration get a status of the "STARS" project on S.W. 8th Street in the City of Miami. Commissioner Gottlieb requested that all future items requiring a 5/7ths vote not be placed on the Consent Agenda. Ronnie Singer and Mayra Diaz Buttacavoli to handle.

City Clerk Handout: Letter dated February 18, 1998 from Guido Rodriguez-Bustamante - President, Elaine Behar - Vice President, Carolyn Navarro - Vice President, and Aurora Aulet - Treasurer. Eighteen (18) photos.


C7I Commission Memorandum No. 102-98

A Resolution of the Mayor and the City Commission of the City of Miami Beach, Florida, Accepting, Retroactively, a Donation of Five (5) Police Bicycles, Valued at Approximately $5,500.00, from the Ocean Drive Business Association for Use by the Miami Beach Police Department.

Administration Recommendation: Adopt the Resolution

(Police Department)

ACTION: Resolution No. 98-22666 adopted. Chief Barreto to handle.


C7J Commission Memorandum No. 104-98

A Resolution Endorsing in Concept the Neighborhoods First Program.

Recommendation: Adopt the Resolution

(Requested by Mayor Neisen Kasdin)

(Hear in Conjunction with Item C4E)

ACTION: Resolution No. 98-22667 adopted.


End of Consent Agenda



REGULAR AGENDA

R5 - Ordinances

R5A Commission Memorandum No. 105-98

An Ordinance Amending Miami Beach City Code Chapter 14A, Section 28, Entitled "Schedule of Fees for City Collection and Disposal of Garbage and Trash" by 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; Providing for Severability; Repealing all Ordinances in Conflict Therewith; and Providing an Effective Date. First Reading

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

(Sanitation Department)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Gottlieb and seconded by Vice-Mayor Smith; vote: 3 in favor (Vice-Mayor Smith and Commissioners Gottlieb and Shapiro); 2 opposed (Commissioners Dermer and Liebman); Commissioner Cruz absent; Mayor Kasdin abstained. (Form 8B filed). Second reading and public hearing scheduled for March 4th at 10:15 a.m. R. Parcher to publish notice.


R5B Commission Memorandum No. 106-98

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. 10:15 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(City Manager's Office - (First Reading 2/4/98)

ACTION: Public hearing held. Ordinance No. 98-3112 adopted, as amended: 1) Section 23-13.C Color - Section deleted; 2) Section 23-13. G Effective Date - The portion of the ordinance dealing with size, type and weight, will not be enforced until six (6) months after the effective date of this ordinance; 3) Section 23-13 b1 - Lettering - size to be as currently allowed; 4) Include a noticing provision to all publishers outlining the new requirements Motion made by Commissioner Cruz to accept the amendments; seconded by Commissioner Gottlieb; vote: on the amendments: 4 in favor; 3 opposed (Commissioners Dermer, Liebman and Shapiro) Motion to adopt the ordinance made by Commissioner Cruz; seconded by Commissioner Gottlieb; vote: 5 in favor; 2 opposed (Commissioners Dermer and Shapiro). Ronnie Singer to modify the ordinance and implement.

Commissioner Liebman requested a review six (6) months after implementation. Have the problems been fixed? Lottery system will be used to select publishers news racks when necessary.

City Clerk Handout: 1. Photos, 2. Copies of several newspaper articles, 3. Sample of the lettering size, and 4. Note and several pictures from Jorge Martinez to Ronnie Singer.


R5C Commission Memorandum No. 107-98

An Ordinance Amending Comprehensive Zoning Ordinance No. 89-2665, by Amending Section 12, Entitled "Liquor Control Regulations", by Amending Subsection 12-D.1, Requiring that Commercial Establishments, Except Restaurants, That Sell Alcoholic Beverages Shall Maintain a Distance Separation of 300 Feet from any Day Care Facility; Providing for Inclusion in the Zoning Ordinance; Providing for Repealer, Severability, and an Effective Date.

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 and seconded by Commissioner Dermer; vote: 7-0. Second reading and public hearing scheduled for March 18th at 10:15 a.m. R. Parcher to publish notice.


R5D Commission Memorandum No. 108-98

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.

(Community and Economic Development)

(Continued from 2/4/98)

ACTION: Public hearing opened and continued to March 4th at 5:00 p.m. Motion made by Commissioner Cruz and seconded by Vice-Mayor Smith; vote: 4-0; absent: Commissioners Dermer, Gottlieb and Liebman.


R5E Commission Memorandum No. 109-98

An Ordinance 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 Severability; Codification; and Providing for an Effective Date. .5:00 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Planning Department - (Continued from 2/4/98)

ACTION: Public hearing opened and continued to March 4th at 5:00 p.m. Motion made by Commissioner Shapiro and seconded by Vice-Mayor Smith; vote: 4-0; absent: Commissioner Dermer, Gottlieb and Liebman.


R5F Commission Memorandum No. 110-98

Public Hearings regarding Portofino - 5:01 p.m. - First Reading (Continued)

ALTERNATIVE APPLICATIONS - DISTRIBUTED UNDER SEPARATE COVER

Comprehensive Plan Amendment

1. Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, by Amending the Future Land Use Map Category of the City of Miami Beach, Florida Year 2000 Comprehensive Plan by Changing the Land Use Designation for the Property Known as the "Former Park Parcel" from ROS (Recreation and Open Space) to C-PS4 (Commercial Intensive Phased Bayside), the Property Is More Particularly Described in the Legal Description Attached to the Ordinance; and Amending Part Ii: Goals, Objectives and Policies of the City of Miami Beach Year 2000 Comprehensive Plan, as Amended, by Amending Policy 9.2 of Objective 9: Redevelopment of the Future Land Use Element; Directing Transmittals of this Ordinance and All Applicable Documents to Affected Agencies; Providing for Repealer, Severability and an Effective Date.

South Shore Revitalization Strategy (Submitted by City/RDA)

2a 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, by Providing That the South Shore Revitalization Strategy Shall Control Except When Properties Are Governed by the SSDI Development Agreement Dated April 17, 1986, or a Validly Existing Development of Regional Impact Development Order ("DO") in Which Case the Provisions of the SSDI Development Agreement or DO Shall Control for Terms, Provisions, Matters or Issues Specifically Addressed in Such Agreement or DO and 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.

City Code Change

3. An Ordinance 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 Severability; codification; and Providing for an Effective Date.

Portofino DRI (Submitted by the City/RDA)

4a. An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending the Development Order for the Miami Beach Marina Development of Regional Impact Which Was Approved by Resolution No. 75-14762; Providing for Renaming of Those Portions of the Miami Beach Marina DRI Legally Described on Exhibit "A" to Be Known as the "Miami Beach Marina DRI"; Providing for Renaming of Those Portions of the Miami Beach Marina DRI Legally Described on Exhibits "B" and "C" to Be Known as the Alternative Portofino DRI and Issuing a Separate DRI Development Order for Such Land; Providing for Transmittal to the South Florida Regional Planning Council and the Florida Department of Community Affairs; Providing for

Recordation in the Public Records of Dade County, Florida; Providing for a Repealer and an Effective Date. Joint City Commission and Redevelopment Agency.

Portofino DRI (Submitted by Portofino)

4b. An Ordinance Amending the Development Order for the Miami Beach Marina Development of Regional Impact Which Was Approved by Resolution No. 75-14762; Providing for Renaming of Those Portions of the Miami Beach Marina DRI Legally Described on Exhibit "A" to Be Known as the "Alternative Miami Beach Marina DRI"; Providing for Renaming of Those Portions of the Miami Beach Marina DRI Legally Described on Exhibits "B" and "C" to Be Known as the Alternative Portofino DRI and Issuing a Separate DRI Development Order for Such Land; Providing for Transmittal to the South Florida Regional Planning Council and the Florida Department of Community Affairs; Providing for Recordation in the Public Records of Dade County, Florida; Providing for a Repealer and an Effective Date. Joint City Commission and Redevelopment Agency.

Miami Beach Marina DRI (Submitted by City/RDA)

5a An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending the Development Order for the Miami Beach Marina Development of Regional Impact Which Was Approved by Resolution No. 75-14762; Providing for Renaming of Those Portions of the Miami Beach Marina DRI Legally Described on Exhibit "A" to Be Known as the "Alternative Miami Beach Marina DRI"; Providing for Renaming of Those Portions of the Miami Beach Marina DRI Legally Described on Exhibits "B" and "C" to Be Known as the Alternative Portofino DRI; Providing for Transmittal to the South Florida Regional Planning Council and the Florida Department of Community Affairs; Providing for Recordation in the Public Records of Dade County, Florida; Providing for a Repealer and an Effective Date. Joint City Commission and RDA.

Miami Beach Marina DRI (Submitted by Portofino)

5b An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending the Development Order for the Miami Beach Marina Development of Regional Impact Which Was Approved by Resolution No. 75-14762; Providing for Renaming of Those Portions of the Alternative Miami Beach Marina DRI Legally Described on Exhibit "A" to Be Known as the "Miami Beach Marina DRI"; Providing for Renaming of Those Portions of the Miami Beach Marina DRI Legally Described on Exhibits "B" and "C" to Be Known as the Alternative Portofino DRI; Providing for Transmittal to the South Florida Regional Planning Council and the Florida Department of Community Affairs; Providing for Recordation in the Public Records of Dade County, Florida; Providing for a Repealer and an Effective Date. Joint City Commission and Redevelopment Agency.

Administration Recommendation: The Commission and Redevelopment Agency should open and continue the attached matters from the February 18, 1998 Commission Meeting to the March 4, 1998 Commission Meeting.

(Community/Economic Development)

(Continued from 12/17/97)

ACTION: Public hearings opened and continued to March 4th at 5:01 p.m. Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb; vote: 5-0; absent: Vice-Mayor Smith and Commissioner Shapiro:

City Clerk Handout: Letter dated February 18, 1998 from Matthew B. Gorson to Sergio Rodriguez Re: Portofino, DRI and companion hearing scheduled for February 18, 1998 - West Side Partners, Ltd


R5G Commission Memorandum No. 85-98

An Ordinance Adopting Amendments to the City of Miami Beach Comprehensive Plan Based on the Changes Recommended in the City of Miami Beach Comprehensive Plan Evaluation and Appraisal Report (EAR). 5:03 p.m. Public Hearing, First Reading

1. A Resolution Transmitting the EAR and Recommended Amendments to the Comprehensive Plan to Appropriate Agencies and the State of Florida Department of Community Affairs.

Administration Recommendation: Adopt the Ordinance and Resolution.

(Planning Department)

(Scheduled on 1/21/98)

ACTION: Public hearing held. Ordinance approved on first reading. Administration to proof read the document and correct any errors before transmitting to the State. Motion made by Commissioner Liebman and seconded by Commissioner Gottlieb; vote: 7-0. Second reading and public hearing to be scheduled upon transmittal from the Department of Community Affairs. Resolution No. 98-22671 adopted authorizing the transmittal to the State. Motion made by Commissioner Gottlieb and seconded by Commissioner Cruz; vote: 7-0. Dean Grandin to handle.


R6 - Commission Committee Reports

R6A Commission Memorandum No. 111-98

Report on the Land Use and Development Committee Meeting Held on February 9, 1998 regarding the Following Items: 1) Discussion on Operating the Property Located at 1300 Pennsylvania Avenue as an Extended Stay Guest Facility; 2) Discussion on Recommendations and Changes Which Would Amend the South Florida Building Code to Acknowledge Greater Sensitivity to the Value and Special Needs of Historic Buildings; 3) Discussion regarding the Proposed Master Plan for Fire Station No. 2 and the Public Works Site on Dade Boulevard; 4) Discussion to Consider an Amendment to the Zoning Ordinance Allowing for Home Offices as an Accessory Use; 5) Discussion on the Feasibility of a Transitional District on the South Side of 40th Street; and, 6) Discussion to Consider Variances of FAR Requirements Relating to Lot Splits for Buildings Within Historic Districts.

ACTION: Verbal report presented by Commissioner Liebman. Item #5 was referred back to the Planning Board to consider the feasibility of a transitional district on the south side of 40th Street. Dean Grandin to place on the Planning Board agenda.

Commissioner Shapiro requested the City Attorney to legislatively deal with the concerns expressed by the home offices-business proponents. Janet Gavarrete and Legal Department to handle.

Commissioner Shapiro requested a status report on the Bell South buildings. Harry Mavrogenes to handle.


R7 - Resolutions

R7A Commission Memorandum No. 112-98

A Resolution Accepting the Recommendations of the City Manager and the Evaluation Committee for Short-Listing the Responses Received in Connection with The Request for Letters of Interest (RFLI) No. 2-97/98 for Architectural/ Engineering Services to Develop Design and Construction Documents for a Regional Library Facility, a 400-Space Parking Garage with Retail Space, and Park and Streetscape Improvements to Be Comprised in a Cultural Arts Campus Master Plan In the Vicinity of and Including Collins Park to Four Firms: Legorreta Arquitectos and Schapiro Associates; Mateu Carreno Rizo & Partners, Inc. In Association with Hardy Holzman Pfeiffer Associates; Perkins & Will; and Robert A.M. Stern Architects.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Resolution No. 98-22668 adopted, as amended: 5th WHEREAS clause and NOW THEREFORE clause to include an alternative on developing the concept of a black box theater. Motion made by Commissioner Gottlieb and seconded by Commissioner Liebman; vote: 7-0. Subsequently, Commissioner Liebman made a motion to refer to the Historic Preservation Board the issue of the historic significance of the rotunda; seconded by Commissioner Cruz; vote: 6 opposed; 1 in favor (Commissioner Liebman). Invite the Cultural Arts Council to future meetings. Harry Mavrogenes to amend the resolution. Mayra Diaz Buttacavoli to handle.

Clerk's Note: 1st Whereas - July 18, 2997 should be July 16, 1997.


R7B Commission Memorandum No. 113-98

A Resolution Urging United States President Bill Clinton, and the United States Senators and Congressional Representatives of the State of Florida to Oppose Senate Bill 1256 Entitled the "Citizens Access to Justice Act of 1997" or any Version of this Legislation as Approved in House Resolution (HR) 1534, Entitled the "Private Property Rights Implementation Act of 1997".

Administration Recommendation: Adopt the Resolution

(Planning Department)

ACTION: Resolution No. 98-22669 adopted. Motion made by Commissioner Dermer and seconded by Commissioner Liebman; vote: 7-0. Harry Mavrogenes to handle.


R8 - Old Business and Administration Reports

R8A Commission Memorandum No. 94-98

Referral to the Finance and Citywide Projects Committee and Presentation by the Holocaust Memorial Committee and Kenneth Treister, Requesting Authorization to Proceed with the Traffic Study and Funding Inclusion in the Capital Improvements Program, for the Construction of a Traffic Circle at Dade Boulevard and Meridian Avenue in Conjunction with the Replacement of the Bridge by the Florida Department of Transportation.

Administration Recommendation: Refer the matter.

(Public Works)

ACTION: Discussion held. Referred to a joint meeting of the Finance and Citywide Projects Committee and the Neighborhood Committee. Motion made by Commissioner Liebman and seconded by Commissioner Gottlieb; vote: 7-0. Administration to investigate the feasibility of using the traffic circle concept throughout the city as a traffic calming device. Patricia Walker and Ronnie Singer to handle.


R8B Verbal Status Report by State Lobbyist Gary Rutledge.

ACTION: Status report presented by Mr. Rutledge.

City Clerk Handout: Report dated February 17, 1998 from Gary Rutledge and Margie Menduni.


R9 - New Business and Commission Requests

R9A Discussion regarding the Issues Addressed in the Letter from Lincoln Road Marketing Executive Committee

(Requested by Commissioner Nancy Liebman)

(Deferred from 2/4/98)

ACTION: Discussion held. Motion was made by Commissioner Gottlieb to seek the $36,000 from the VCA Fund Balance; if funds are not approved, to report back to the Commission; seconded by Commissioner Dermer; vote: 6-0; Mayor Kasdin abstained. (Form 8B filed). Mayra Diaz Buttacavoli to follow-up with the VCA. City Manager to transmit to Commissioner Liebman, per her request, a copy of the business retention expansion program including any additional data and to report back with recommendations.


R9B Discussion Pertaining to Moving the Art Deco Festival to an Off-Season Month to Help Facilitate Business on Ocean Drive.

(Requested by Commissioner David Dermer)

ACTION: Withdrawn. Commissioner Dermer stated that a meeting will be held with all interested parties to discuss the issue. This item will be resubmitted by Commissioner Dermer.


R9C Verbal Report from the Mayor's Ad Hoc Committee regarding the roles of the VCA and the Cultural Arts Council.

(Requested by Commissioner Nancy Liebman)

ACTION: Michelle Burger presented a status and background report on the funding distribution formula (65%/35%) between the VCA(35%) and the Cultural Arts Council(65%). The Mayor's Ad Hoc Committee reached consensus on the percentage split. The funding formula will be reviewed in one (1) year. Vice-Mayor Smith informed the Commission that the 65/35 formula was specifically negotiated by both the VCA and the Cultural Arts Council. Commissioner Dermer requested that the item be deferred to afford him an opportunity to study the issue and understand the pros and cons of the funding issues. Mayor Kasdin requested that the item be brought back at the next Commission meeting including an Administration recommendation and an agreement.

City Clerk Handout: Memorandum from Raul J. Aguila to the Ad Hoc Committee / Visitors and Convention Center Authority (VCA) and Miami Beach Arts Council RE: Proposed Grant Agreement between VCA and Council, dated February 17, 1998.


R9D Discussion regarding the Proposed $7 Million Multimodal Transit Center Project.

(Requested by Commissioner Martin Shapiro)

ACTION: Discussion held.


R9E Discussion of a Potential Visitor Center to be Built by the Greater Miami Convention and Visitors Bureau on Watson Island.

(Requested by Commissioner Susan Gottlieb)

ACTION: Presentation made by Merritt Stierheim. Commissioner Gottlieb requested that Commissioner Liebman, Sergio Rodriguez, Dean Grandin, Mayra Diaz Buttacavoli and Mr. Stierheim meet to discuss the feasibility of the project. Discussions to include: parking, design, location, access, visitor center and financial issues and to report back to the Commission in 30 days. Mayra Diaz Buttacavoli to handle.


R9F Discussion regarding Normandy Shores Local Government Neighborhood Improvement District Board of the Following Issues: 1) Funding for the District; and, 2) Availability of Funds from the Sale of the Stash Lots.

(Requested by Vice-Mayor Jose Smith)

ACTION: Referred to the Finance and Citywide Projects Committee. Patricia Walker to place on committee agenda.


R9G Presentation of Tape pertaining to the Damage of our Sister City Ica, Peru Devastated by El Nino and Officially Sanction a Relief Effort for the City of Ica.

(Requested by Mayor Neisen Kasdin)

ACTION: Video tape presented. Administration authorized to offer assistance, where feasible, in relief efforts. Motion was made by Commissioner Gottlieb and seconded by Commissioner Liebman; vote: 7-0. Chief Garcia to coordinate. Nannette Rodriguez to assist with the news media.


R9H Discussion regarding the Issue of the Exemption of Pending Projects from Recent Height and Floor Area Reductions.

(Requested by Commissioner Martin Shapiro)

ACTION: Motion made by Commissioner Shapiro directing the City Attorney to explore legal methods of addressing building applications which were filed prior to the effective date of the City's new zoning ordinances and to report back to the Commission, within 30 days, with a recommendation as to the extent of the legal research; seconded by Commissioner Dermer; vote: 7-0.


R9I Commission Memorandum No. 114-98

Board and Committee Appointments for the Meeting of February 18, 1998

ACTION: The following appointments were read into the record:

Commissioner Shapiro:

Robert Yaffe - Police /Citizens Relation Committee

Manuel Cavajal - Hispanic Affairs

Mayor Kasdin:

Patrick Morris - Community Development Advisory Committee -

Vivian Gonzalez-Doyle - Hispanic Affairs

Felicia Alevy - Commission on the Status of Women

Aimee Hamilton - Commission on the Status of Women

Sharon Kersten - Commission on the Status of Women

Gary Heffner - Parks and Recreational Facilities Board

Brad Fleet -Police /Citizens Relation Committee

Mike Furcht - Safety Committee

T. Neil Fritz - Transportation and Parking Committee

Melchior Baltazar - Youth Center Advisory Board

Commissioner Dermer:

Grace Mallah - Youth Center Advisory Board

Manny Warszavski - Safety Committee

Kathy Friedman - Fine Arts Board

Nina Weber Worth - Park and Recreational Facilities Board

Commissioner Liebman:

Steven Kozlowski to the Police Board

Commissioner Gottlieb:

Ruth Fuller - Safety Committee

Lynn Russin - Commission on the Status of Women

Health Advisory Committee:

Fred Hirt - CEO Mount Sinai Medical Center

Dr. William Zubkoff - CEO South Shore Hospital

Tim Parker - CEO Miami Heart Hospital

Beverly Press - Stanley C. Meyers Community Health Center

Joyce Galbut - Administrator Adult Congregate Living Facility

Dr. Dalia Garcia - Health Benefit Provider

Dr. Henry Wodnicki - Physician

Dr. William Shaw - Physician

Mark Hildebrant - Consumer Corporate Level

Dr. Stephen Zaron - Physician/Consumer Private Individual


R9J Report from the Miami-Dade County Grand Jury regarding Absentee Ballot Fraud.

(from the Emergency Addendum II agenda)

(Requested by Mayor Neisen Kasdin)

ACTION: Motion to add item as an emergency made by Commissioner Liebman and seconded by Commissioner Gottlieb; vote: 7-0. Mayor Kasdin requested that the issue be added to the City's Legislative Priorities Agenda. Motion was made by Commissioner Liebman; seconded by Commissioner Gottlieb; vote: 7-0. Notify Rutledge, Ercenia et al that item was added to the agenda and to reinforce with them the priority of the issue. Mr. Rutledge was at the commission meeting and was verbally notified. Harry Mavrogenes to handle.

End of Regular Agenda


Reports and Informational Items

A Commission Memorandum No. 115-98

An Analysis of Actual Revenues and Expenses for the Quarter Ended December 31, 1997, with Operating Budget Projections Through September 30, 1998, for General, Enterprise, and Internal Service Funds.

(Office of Management and Budget)

ACTION: Written report submitted.


B Commission Memorandum No. 116-98

An Analysis of Performance Measurement Achievements for the Quarter Ending December 31, 1997, within the Departments of Code Compliance, Fleet Management, and Risk Management.

(Office of Management and Budget)

ACTION: Written report submitted.


C Commission Memorandum No. 117-98

Status Report on the Progress of North Beach Construction.

ACTION: Written report submitted.


D Commission Memorandum No. 118-98

Status Report on the LRI/Finestra Movie Theater Project.

ACTION: Written report submitted.


E Commission Memorandum No. 119-98

Status Report on Cultural Campus.

ACTION: Written report submitted.


End of the Regular Agenda


MIAMI BEACH REDEVELOPMENT AGENCY AGENDA

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.

(Continued from February 4, 1998.)

ACTION: Public hearing opened and continued to March 4th at 5:00 p.m. Motion made by Commissioner Cruz and seconded by Vice-Mayor Smith; vote: 4-0; absent: Commissioners Dermer, Gottlieb and Liebman.


B. A Resolution Approving a Development Order Under the Provisions of Section 380.06, Florida Statutes, for the Portofino Alternative Development of Regional Impact; and a Resolution Approving an Amended Development Order Under the Provisions of Section 380.06, Florida Statutes, for the Miami Beach Marina Alternative DRI; All Requests are Made Pursuant to the Development Agreement Dated April 17, 1986, By and Among the City, the Redevelopment Agency (RDA) and the South Shore Developers, Inc.

ACTION: Public hearings opened and continued to March 4th at 5:01 p.m. Motion made by Commissioner Liebman and seconded by Commissioner Gottlieb; vote: 5-0; absent: Vice-Mayor Smith and Commissioner Shapiro.


End of Redevelopment Agency Agenda

The Commission meeting was adjourned at 6:44 p.m.

SR:REP:dm