City of Miami Beach

City Commission Meeting

Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
April 15, 1998


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


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


CONSENT AGENDA

PA1 1:30 p.m., Proclamation Proclaiming April 1998 as Fair Housing Month.


C2A Waive Bid Process, PO for Materials/Police Mem. Monument, $19,100.5/7ths


C4A Refer to Land Use & Dev. Comm/Expand Metrorail System. (Kasdin)
C4B Refer to Neighborhoods Comm/Orchard Park Improvements. (Kasdin)
C4C Refer to Finance & Citywide Proj. Comm/Capital Improvement Program.
C4D Refer to Land Use & Dev. Comm/City's Public Telephone Ord. (Liebman)
C4E Refer to Land Use & Dev. Comm/Amend Zoning Ord. (Liebman)


C7A W-Consortium Agmt to Continue Programs Under Job Training Partnership.
C7B 5th Amendment to Police Confiscation Trust Fund, $94,400.
C7C Estb. April 1998 as Fair Housing Month in the City of Miami Beach.
C7D Set Public Hrg re: DiLido Beach Hotel, 155 Lincoln Road.
C7E Release & Satisfaction of Subsidy Agmt, Knickerbocker Apts, 265 Collins.
C7F Set Public Hrg to Review DRB Decision re: The Lofts at South Beach.


REGULAR AGENDA

R5A 3:00 p.m. P. Hrg, 2nd Rdg, Incr. DRI/Designate City Ctr Reg. Act. Ctr.
R5B Amend Code "Property Maintenance Standards", 1st Rdg.(Shapiro/Liebman)
R5C 2:45 p.m., 1st Rdg, Create Definition/Home Based Business Office.5/7ths
R5D Left blank intentionally.
R5E Left blank intentionally.
R5F 5:05 p.m. Joint P. Hrg, 2nd Rdgs, Portofino.SC


R6A Report: 3/26/98 Mtg of the Finance and Citywide Projects Committee.
R6B Report: 4/7/98 Joint Mtg of Fin. & Citywide Proj. & Neighborhoods Comm.
R6C Report: 4/7/98 Mtg of the Neighborhoods Committee.
R6D Report: 4/13/98 Mtg of the Land Use & Development Committee.


R7A 4:00 p.m. Joint w/RDA, Portofino Settlement Agreement.SC
R7B 4:30 p.m. Joint w/RDA, 4th Amendment to Marina Lease./SC
R7C Issue RFP for Residential, Solid Waste & Yard Trash Coll. & Disposal.
R7D 2:00 p.m., Urge Coast Guard:Keep Venetian Cswy Closed Position.(Liebman)
R7E 2:30 p.m., Consent/Confirm Appointment:Jacqueline Gonzalez/Parking Dir.
R7F Joint w/RDA, Amend Agmt re: Royal Palm Crowne Plaza Resort.
R7G Encourage Miami-Dade Co. to Adjust Educational Facilities Impact Fee.


R8A 5:05 p.m., Create Spec. Assessment District in So. Pointe.
R8B Req. of Al Cardenas: Referral of Concept Plan for Ocean Parcel to DRB.
R8C 1:30 p.m., Equitable Estoppel Item from 4/9/98 Special Comm. Mtg.


R9A Board & Committee Appointments.
R9B D-Report on Wash. D.C. Trip by Vice-Mayor Dermer & Bruce Henderson.
R9C 2:15 p.m., LaGorce/Pine Tree Traffic Calming Proposal. (Kasdin/Cruz)


REPORTS AND INFORMATIONAL ITEMS

A 3:30 p.m., Update on FPL.
B Status Report on Progress of North Beach Construction.
C Status Report on LRI/Finestra Movie Theater Project.
D P. Hrgs before the 4/28/98 Planning Board Meeting.
E Report on the Cultural Complex.
F Report on the Pine Tree Drive from 23rd St. to 26th St.
G Report on the Security Service Contract (Armor Security Inc.).


REDEVELOPMENT AGENCY ITEMS - 4:00 P.M.

2A Item No. Intentionally Not Used.
2B 5:05 p.m. Joint P. Hrg, Revitalization Strategy Portofino.SC
2C 5:05 p.m. Joint P. Hrg, Portofino.SC
3A 4:00 p.m., Joint, Portofino Settlement Agreement.SC
3B 4:30 p.m., Joint, 4th Amendment to Marina Lease.SC
3C Joint, Amend Agmt re: Royal Palm Crowne Plaza Resort.


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


AFTER ACTION


Call to Order - 1:30 p.m.

Inspirational Message and Pledge of Allegiance

Requests for Additions, Withdrawals, and Deferrals


PA - Presentations and Awards

PA1 A Proclamation to be Presented Proclaiming April 1998 as "Fair Housing Month". (Page 1)

(Hear in Conjunction with C7C)

ACTION: Proclamation presented.


CONSENT AGENDA

Consent agenda approved. Motion made by Commissioner Liebman seconded by Commissioner Gottlieb. Vote: 7-0.


C2 - Competitive Bid Reports

C2A Commission Memorandum No. 220-98

Request for Approval to Waive the Formal Bid Process and Award a Purchase Order to Gateway Monument, Inc. In the Amount of $19,100, Pursuant to Resolution No. 98-22643 for the Purchase of Materials for the Miami Beach Police Memorial Monument. Funding: Police Confiscations Account.

Administration Recommendation: Waive the formal bid process and approve the award.

(Police Department)

ACTION: Award authorized. Judy Ford to issue Purchase Order. Chief Barreto to handle.


C4 - Commission Committee Assignments

C4A Referral to the Land Use and Development Committee - A Resolution Supporting and Encouraging Expansion of the Metrorail System as Soon as Feasible to Miami Beach and Other Important Destinations in South Florida, such as the Airport, Port, Universities, and Major Cultural, Recreational and Economic Centers.

Recommendation: Refer the Matter.

(Requested by Mayor Neisen Kasdin)

ACTION: Motion made by Commissioner Liebman to refer the item; seconded by Commissioner Smith. Vote 6-1; Commissioner Shapiro opposed. Janet Gavarrete to place on the committee agenda.


C4B Referral to the Neighborhoods Committee - Proposal to Implement a Small Streetscape Project on 42nd Street, Orchard Park Improvements.

Recommendation: Refer the Matter.

(Requested by Mayor Neisen Kasdin)

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


C4C Commission Memorandum No. 221-98

Referral to the Finance and Citywide Projects Committee - The Capital Improvement Program (In Draft Form).

Administration Recommendation: Refer the Matter.

(City Manager's Office)

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


C4D Referral to the Land Use and Development Committee - The City's Public Telephone Ordinance.

Recommendation: Refer the Matter.

(Requested by Commissioner Nancy Liebman)

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


C4E Referral to the Land Use and Development Committee - An Amendment to the Zoning Ordinance to Allow for the Conversion of Residential Apartment Buildings in a Commercial Zoned Area Within a Historic District to a Mixed-Use Condominium Including Combined Office and Residential Uses.

Recommendation: Refer the Matter.

(Requested by Commissioner Nancy Liebman)

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


C7 - Resolutions

C7A Commission Memorandum No. 222-98

A Resolution Authorizing the Mayor and City Clerk to Enter into a Consortium Agreement with Miami Dade County, Monroe County, the City of Miami, and the City of Hialeah for the Purpose of Continuing to Conduct Programs Under the Job Training Partnership Act of 1982 and Under the Jobs and Education Partnership.

Administration Recommendation: Approve the Resolution.

(Human Resources)

ACTION: Withdrawn.


C7B Commission Memorandum No. 223-98

A Resolution Adopting the Fifth Amendment to the Police Confiscation Trust Fund for Fiscal Year 1997/98, in the Amount of $94,400, to be Funded from the Proceeds of State Confiscated Funds. (To Provide: 1) Additional Funds for the Police Department Report Control Center; 2) Contribution to the Hispanic Community Center; 3) Locking File Cabinets for the Internal Affairs Unit; 4) Furniture for the Gang Squad in the Criminal Investigations Division; 5) Purchase of Auto Calibrating Tint Meters; and 6) Contribution to the Police Athletic League)

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 98-22710 adopted. Chief Barreto to handle.


C7C Commission Memorandum No. 224-98

A Resolution Establishing April 1998 as Fair Housing Month in the City of Miami Beach.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

(Hear in Conjunction with PA1)

ACTION: Resolution No. 98-22711 adopted. Harry Mavrogenes to handle.


C7D Commission Memorandum No. 225-98

A Resolution Setting a First Public Hearing on May 6, 1998 at 11:00 a.m. to Consider a Proposed Development Agreement to be Entered into between DiLido Beach Hotel Corporation and the City of Miami Beach in Accordance with the Requirements of the Florida Local Government Development Agreement Act for Property Located at 155 Lincoln Road, Miami Beach, Florida.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 98-22712 adopted. Harry Mavrogenes and Legal Department to handle. R. Parcher to publish notice.

City Clerk's Note: Noticing requirements for proposed development agreements are covered in 163.3225(2)(a) & (b) FS: There needs to be at least two public hearings. Seven day noticing requirement in a newspaper of general circulation and readership in the county. Notice of intent to consider a development agreement shall also be mailed to all affected property owners before the first public hearing. Section (b) describes what information needs to be specified in the notice. THE APPLICANT PAYS ALL COSTS. Advertising requirements coordinated with Diana Grub Frieser.


C7E Commission Memorandum No. 227-98

A Resolution Authorizing the Mayor and City Clerk to Execute a Release and Satisfaction of the Subsidy Agreement Dated July 29, 1992, Between the City of Miami Beach and Morada Ventures, Inc., Cloud Nine Holdings, Inc., and Popular Bank of Florida, for the Knickerbocker Apartments Located at 265 Collins Avenue.

(Community/Economic Development)

Administration Recommendation: Adopt the Resolution.

ACTION: Resolution No. 98-22713 adopted. Harry Mavrogenes to handle.


C7F Commission Memorandum No. 228-98

A Resolution Setting a Public Hearing on May 6, 1998 at 2:00 p.m. to Review a Design Review Board Decision Approving a Request by The Lofts at South Beach, Inc., for the Construction of a Seven (7) Level Mixed-Use Building, Inclusive of Eight (8) Residential Units, Office/Studio Units and Retail Space at 1403 Dade Boulevard.

Administration Recommendation: Adopt the Resolution.

(Planning Department)

ACTION: Resolution No. 98-22714 adopted. Dean Grandin to handle. R. Parcher to publish notice. Mailing notices have been sent.

City Clerk's Note: The process of appealing a DRB decision to the City Commission is covered in the Zoning Ordinance 18-2(D) and 18-2(E)(12). The appealing party is responsible for the mail labels. In addition the appealing party is responsible for: stuffing, sealing, and postage of the notice. The appealing party delivers the mailing materials to the City Clerk's office for mailing. NOTE:15 day noticing requirement.


END of Consent Agenda



REGULAR AGENDA

R5 - Ordinances

R5A Commission Memorandum No. 229-98

An Ordinance Amending Ordinance No. 96-3034, Increasing Development of Regional Impact Guideline and Standard Thresholds and Designating the City Center/Historic Convention Village Redevelopment and Revitalization Area as a Regional Activity Center Pursuant to Rule 28-24.014(10)(a) of the Florida Administrative Code and Section 380.06(2)(e) of the Florida Statutes; and Providing for an Effective Date. 3:00 p.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Community/Economic Development)

(First Reading 4/1/98)

ACTION: Public hearing held. Ordinance No. 98-3117 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Liebman; vote: 7-0. Harry Mavrogenes to handle.

Handout: Exhibit "A"(City Center Historic Convention Village Redevelopment and revitalization area). Exhibit "B"(Legal description), Exhibit "C"(map showing the proposed Loews Hotel site and the proposed area for parking garage. Exhibit "D"(Legal description - hotel site). Exhibit "E"(Legal description - parking site). which should have been attached to the submitted materials. Exhibit "F"(map showing the Royal Palm Hotel and the Shorecrest Hotel. Exhibit "G"(description of the land -RP land).


R5B Commission Memorandum No. 230-98

An Ordinance Amending Chapter 17B of the City Code Entitled "Property Maintenance Standards", Amending Section 17B-13 Entitled "Power to Act in Emergencies; Emergency Order," by Expanding the Conditions for Emergency Action, by Amending Section 17B-18 Entitled "Penalty for Violations of Chapter; Remedial Enforcement Procedures" by Substituting the Special Master for the Code Enforcement Board; by Creating Section 17B-18(a) Entitled "Criminal Penalties" by Establishing Criminal Penalties for Violation of the Chapter or Failure to Comply therewith; by Amending Section 17B-21 Entitled "Basic Equipment, Facilities and Utilities" by Adding Section (i), Requiring that All Bedrooms Shall Be Heated and Air Conditioned, by Amending Section 17B-23 Entitled "Safe and Sanitary Maintenance of Structure and Facilities" by Eliminating the Word "Reasonably"; by Amending Section 17B-28, Entitled "Responsibilities of Owners and Occupants" to Provide for Additional Responsibilities of Owners and Landlords of Dwellings with Regard Ensuring Compliance with Occupancy Level Standards Set Forth in Section 17B-24(a), by Amending Section 17B-29 Entitled "Responsibilities of Owner of Vacant Buildings, Vacant Structures and Vacant or Unimproved Lots" by Eliminating the Word "Reasonably": Providing for Codification, Severability, Repealing All Ordinances in Conflict Therewith, And Providing for an Effective Date". First Reading

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

(Requested by Commissioner Nancy Liebman and Commissioner Martin Shapiro)

ACTION: Deferred. Judy Hoanshelt to place on May 6 agenda.


R5C Commission Memorandum No. 231-98

An Ordinance Amending Comprehensive Zoning Ordinance No. 89- 2665, Amending Section 3, Entitled "Definitions" Subsection 3-2, Entitled "Terms Defined" by Creating a Definition for Home Based Business Office; Amending Section 6, Entitled "Schedule of District Regulations" Subsection 6-21, Entitled "Regulation of Accessory Uses" by Listing Home Based Business Offices as an Accessory Use in Apartment Buildings and Single-Family Districts; Amending Subsection 6-22, Entitled "Supplementary Use Regulations" by Establishing Regulations for Home Based Business Offices; Providing for Inclusion in the Zoning Ordinance; Repealer, Severability and an Effective Date. First Reading (Ordinance in Legal - To be Submitted)

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

(Planning Department)

ACTION: Ordinance approved on first reading as amended. Motion made by Commissioner Liebman; seconded by Commissioner Smith vote: 6-1; opposed Commissioner Shapiro. Ordinance amended as follows: Section 6-22(I)(4) "The City, upon probable cause to believe that there is a violation of one or more of the provision of this Subsection, may seek permission from the Code Compliance Special Master to inspect a property in order to assist in making a finding as to whether or not here is a violation; the City shall not inspect a property without the aforedescribed permission."

Second reading and public hearing scheduled for May 20th at 10:15 a.m. R. Parcher to publish notice.

Administration to implement a procedure giving the recipient of a home base business occupational license a copy of the ordinance and the recipient must sign a log stating they have received the document.

Handouts:

1. Mary Elizabeth Donnelly presented a copy of a $700 personal check written on April 13, 1988, check number 625, which she wrote to the City of Miami Beach with the note: "Request for real estate office in residence". Copy of the check given to Dean Grandin to handle.

2. Copy of the revised ordinance submitted by Dean Grandin. See action above. This ordinance will be included in the May 20, 1998 Commission Agenda.

3. Letter from Ron Hirschel member Miami-Dade County Business Impact Committee Internatinal Trade Liaison to Mayor Kasdin and City Commissioners dated April 15, 1998, RE: Home Business Operation.

4. Letter from Leslie Kaplan, Ruth Neinken, and Hennietta Levis, dated April 15, 1998, RE: Home Office Hearing.


R5D Item number intentionally not used.


R5E Item number intentionally not used.


R5F Commission Memorandum No. 217-98 Distributed under Separate Cover Public Hearings regarding Portofino - 5:05 p.m. - Second and Final Reading

ALTERNATIVE APPLICATIONS - DISTRIBUTED UNDER SEPARATE COVER

Comprehensive Plan Amendment

R5F-1. An Ordinance 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.

ACTION: Public hearing held. Ordinance No. 98-3118 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Cruz; vote: 5-1; Vice-Mayor Dermer opposed; absent: Commissioner Shapiro.

South Shore Revitalization Strategy (Submitted by City/RDA)

R5F-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, as Amended or Supplemented from Time to Time, 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 Modifications to the Parking Provisions; Providing for Severability, and Providing for an Effective Date. Joint City Commission and Redevelopment Agency.

ACTION: Public hearing held. Ordinance No. 98-3119 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Cruz; vote: 5-1; Vice-Mayor Dermer opposed; absent: Commissioner Shapiro.

South Shore Revitalization Strategy (Submitted by Portofino)

R5F-2b 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; Providing for Severability, and Providing for an Effective Date. Joint City Commission and Redevelopment Agency.

ACTION: No action taken. See R5F-2a.

City Code Change

R5F-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.

ACTION: Public hearing held. Ordinance No. 98-3120 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Liebman; vote: 5-1; Vice-Mayor Dermer opposed; absent: Commissioner Shapiro.

Portofino DRI (Submitted by the City/RDA)

R5F-4a. 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.

ACTION: No action Taken. See R5F-4c.

Portofino DRI (Submitted by Portofino)

R5F-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.

ACTION: No action taken. See R5F-4c.

Alternative Portofino DRI Development Order

R5F-4c. 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.

ACTION: Public hearing held. Ordinance No. 98-3121 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Cruz; vote: 5-1; Vice-Mayor Dermer opposed; absent: Commissioner Shapiro.

Miami Beach Marina DRI (Submitted by City/RDA)

R5F-5a 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; 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.

ACTION: Public hearing held. Ordinance No. 98-3122 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Cruz; vote: 5-1; Vice-Mayor Dermer opposed; absent: Commissioner Shapiro.


Miami Beach Marina DRI (Submitted by Portofino)

R5F-5b 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; 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.

ACTION: No action taken. See R5F-5a.

Administration Recommendation: The recommendation of the Administration is predicated on a Settlement Agreement being approved by the City Commission and the Redevelopment Agency. Should these actions occur, the Administration recommends that the City Commission/Redevelopment Agency:

(1) approve, on second reading, the changes to the FLUM, Year 2000 Comprehensive Plan (Agenda Item R-5-F1);

and

(2) approve, on second reading, the amendment to the South Shore Redevelopment Plan, as amended on the floor of the Commission Meeting on April 1, 1998 (Agenda Item R-5-F2a); the City Code (Agenda Item R-5-F3); the Portofino Alternative DRI (Item R-5-F4c); and the Miami Beach Marina Alternative DRI (Agenda Item R-5-F5a). Pending the decision of the Commission with regard to the Portofino Settlement Agreement, a Table as "Exhibit 1", summarizes the recommended actions with regard to specific provisions within R-5-F-2a and the appropriate actions on R-5-F4c.

If the proposed Settlement Agreement is not approved, then the Administration would recommend approval, on second reading, of all of the above except for R-5-F4c, which mirrors the local conditions as negotiated in the Settlement Agreement. In its place, the Administration would recommend Ordinance R-5-F4a.

(Community/Economic Development)

(First Reading 4/1/98)

(Hear in Conjunction with R7A, R7B, R8A)

ACTION: See individual commission action above.

Handout.

1. A map showing the Alton Road/ South Pointe Drive and Washington Ave. The Following properties are identified: SSDI South, Goodman Terrace, Hinson Parcel, Federal Triangle, and the Alaska Parcel The map is initialed by Sergio Rodriguez and Cliff Shulman.

2. Copy of a letter from Charles G. Pattison, Director, Division of Resource Planning and Management, State of Florida, Department of Community Affairs, dated June 19, 1996, to Ms. Debbie Orshelfsky, Greenberg Traurig, RE: Preliminary Development Agreement for Portofino DRI; AGM-1195-012A.


R6 - Commission Committee Reports

R6A Commission Memorandum No. 232-98

Report on the Finance and Citywide Projects Committee Meeting Held on March 26, 1998, regarding the following: 1) Discussion of Quality of Life Funds; 2) Discussion of Establishment of a Special Assessment District to Replace the Existing Normandy Shores Local Government Neighborhood Improvement District; 3) Discussion of South Pointe Funding Strategy and Future Bond Issues; 4) Discussion of Master Plan for Fire Station No. 2 and the Public Works Site on Dade Boulevard; 5) Discussion of Hotel Corridor Garage Land Acquisition Sites; and, 6) Report from the Finance Department on the Status of the $35 Million Fund and the Remaining TCCEA Funds.

(Deferred from 4/1/98)

ACTION: Item deferred. Judy Hoanshelt to place on May 6 agenda.


R6B Verbal Report on the Joint Finance and Citywide Projects Committee and the Neighborhoods Committee Held on April 7, 1998, regarding the Following: 1) Discussion regarding a Proposed Traffic Circle at Dade Boulevard and Meridian Avenue in Conjunction with the Replacement of the Bridge by the Florida Department of Transportation; and, 2) Discussion regarding Venetian Causeway Masterplan Improvements on the Venetian Causeway and Perimeter Roads.

ACTION: Verbal report presented by Commissioner Cruz. The Committee urged studying this [traffic circle at Dade Boulevard and Meridian Avenue] within context of a larger traffice study to include both a traffic count and analysis of the Venetian Causeway, Bay Drive, lower North Bay Road and Dade Boulevard. The Committee's motion to fund the study passed unanimously. Motion made by Commissioner Liebman to accept the report; seconded by Commissioner Gottlieb; vote: 7-0. Julio Grave de Peralta to handle.

Handout: Copy of Commission Memorandum 248-98 dated April 15, 1998, from Sergio Rodriguez to the Mayor and City Commission Report on the joint meeting of the Finance and Citywide Projects Committee and the Neighborhoods Committee meeting of April 7, 1998. See R6C.


R6C Verbal Report on the Neighborhoods Committee Meeting Held on April 7, 1998, regarding the Following: 1) "Simon Bolivar Boulevard" Co-Naming of 22nd Street (Luis Hernandez, Latin Chamber of Commerce); and, 2) North Bay Road and 20th Street Traffic Study.

ACTION: Verbal report presented by Commissioner Gottlieb. Motion made by Vice-Mayor Dermer to co-name 22nd Street "Simon Bolivar Boulevard"; no second was offered. Commission Liebman requested to defer the item to May 6. No action taken.

Handout: Copy of Commission Memorandum 248-98 dated April 15, 1998, from Sergio Rodriguez to the Mayor and City Commission Report on the joint meeting of the Finance and Citywide Projects Committee and the Neighborhoods Committee meeting of April 7, 1998. See R6B.


R6D Verbal Report on the Land Use and Development Committee Meeting Held on April 13, 1998, regarding the Following: 1) Applicability of South Florida Building Code to Sidewalk Cafes Relative to Fixture Counts; 2) Discussion on Security Shutters and Security Bars on Residential and Commercial Structures on Lincoln Road; and, 3) Discussion for Consideration of a Change in the City's Zoning Ordinance to Extend the Concept of Bed & Breakfast Inns within the Historic Districts.

ACTION: Item deferred. Judy Hoanshelt to place on May 6 agenda.

Handout: Copy of Commission Memorandum no. Xxxxx, dated April 15, 1998, from Sergio Rodriguez to the Mayor and City Commission, RE: Report on the Land Use and Development Committee Meeting of April 13, 1998.


R7 - Resolutions

R7A Commission Memorandum No. 218-98 Distributed under Separate Cover

A Resolution Approving a Settlement Agreement between West Side Partners, Ltd. and the City of Miami Beach, et al. and Authorizing the Execution of Any Necessary Documents.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

(Deferred from 4/1/98)

(Hear in Conjunction with R5F, R7B, R8A)

ACTION: Resolution No. 98-22718 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb; vote: 5-2; Opposed Vice-Mayor Dermer and Commissioner Shapiro. Harry Mavrogenes and the Legal Department to handle.


R7B Commission Memorandum No. 219-98 Distributed under Separate Cover

A Resolution Authorizing the Mayor and City Clerk to Execute a Fourth Amendment to the Marina Lease Agreement with Regard to the Miami Beach Marina; and Providing an Effective Date. Joint City Commission and Redevelopment Agency.

Administration Recommendation: If the Portofino Settlement Agreement is approved, the Mayor and Commission should adopt the Resolution.

(Community/Economic Development)

(Deferred from 4/1/98)

(Hear in Conjunction with R5F, R7A, R8A)

ACTION: Resolution No. 98-22719 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Smith; vote: 5-1; Opposed: Vice-Mayor Dermer; Absent: Commissioner Shapiro. Harry Mavrogenes and the Legal Department to handle.


R7C Commission Memorandum No. 233-98

A Resolution Authorizing the Administration to Issue a Request for Proposals (RFP) for Residential Solid Waste and Yard Trash Collection and Disposal.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Item deferred. Judy Hoanshelt to place on May 6 agenda.


R7D Commission Memorandum No. 234-98

A Resolution Urging the United States Coast Guard to Maintain the East Bascule Bridge on the Venetian Causeway in a Closed Position in the Interests of Public Health, Safety, and Welfare Until the West Bascule Bridge on the Venetian Causeway is Completed and Operable.

Administration Recommendation: Adopt the Resolution.

(Requested by Commissioner Nancy Liebman)

ACTION: Need to review tape:

Resolution No. 98-22716 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb; vote: 7-0. Send copies of resolution to the City's congressional delegation.

City Attorney to pursue this as an emergency condition (is this a circumstance under Federal Regulations?). Administration to do an analysis to determine if the bridge really needs to be opened. Julio Grave de Peralta to handle.


R7E Commission Memorandum No. 235-98

A Resolution Consenting to and Confirming the Appointment of Jacqueline Gonzalez as Parking Director of the City of Miami Beach.

Administration Recommendation: Adopt the Resolution.

(Human Resources)

ACTION: Resolution No. 98-22717 adopted. Motion made by Commissioner Gottlieb; seconded by Vice-Mayor Dermer; vote: 7-0.


R7F Commission Memorandum No. 236-98

A Resolution Authorizing the Mayor and City Clerk to Execute an Amendment to the Agreement by and between the City of Miami Beach, the Miami Beach Redevelopment Agency and Tishman Hotel Corporation Pertaining to Project Management Services Regarding the Development and Construction of the Royal Palm Crowne Plaza Resort. Joint City Commission and Redevelopment Agency.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution not adopted. Motion made by Vice-Mayor Dermer to Refer to the Finance and Citywide Projects Committee; seconded by Commissioner Smith; vote: 7-0. Patricia Walker to place on committee agenda.


R7G Commission Memorandum No. 237-98

1. A Resolution Encouraging the Miami-Dade County Mayor and Board of County Commissioners to Consider Adjustments to the Educational Facilities Impact Fee Ordinance Which Would Allow: (A) Funds in Urbanized Areas Such as Miami Beach to be Utilized for Renovations as Well as New Construction and; (B) Adjustment of Geographic Boundaries to Allow Funds to be Spent in the City Where They Are Collected.

2. A Resolution Requesting the School Board of Miami-Dade County Set Aside Educational Facilities Impact Fee Monies Beyond What Has Been Committed to the Proposed New School Facility in the North Miami/Miami Shores Area to Provide for New Construction of Schools Within the City of Miami Beach.

Administration Recommendation: Adopt the Resolutions.

(Community/Economic Development)

ACTION: Item deferred. Judy Hoanshelt to place on May 6 agenda.

Handout: Replacement resolution for R7G2. Will be included in the May 6th agenda.


R8 - Old Business

R8A Commission Memorandum No. 173-98 Distributed Under Separate Cover

Creation of Special Assessment District in South Pointe.

Administration Recommendation: That the City Commission review the City Attorney's report on special assessment districts and advise the Administration if it wishes to pursue this funding course further, as a means to acquire land in the South Pointe area.

(Deferred from 4/1/98)

(Hear in Conjunction with R5F, R7A, R7B)

ACTION: Item deferred. Judy Hoanshelt to place on May 6 agenda. At the Afteraction meeting it was determined that the item should be placed on the May 20th agenda.


R8B Commission Memorandum No. 238-98

Request of Al Cardenas, Esq. To Speak on Behalf of Continuum Company, LLC, Contract Vendee for the "Ocean Parcel" to Refer to Design Review Board a Substantial Modification to the Concept Plan for the "Ocean Parcel" as Stipulated in the South Pointe Development Agreement.

Administration Recommendation: The Administration has enclosed a copy of a September 16, 1997 legal opinion which concludes that the Development Agreement has expired. As such, the Commission should allow Mr. Cardenas to make a presentation.

(Community/Economic Development)

ACTION: Motion made by Commissioner Liebman to defer to the May 6th Commission meeting subject to the two (2) homeowner association (Portofino Towers and South Pointe Towers) agreeing that the item should be referred to the Design Review Board; seconded by Commissioner Gottlieb; vote: 6-1; Opposed Vice-Mayor Dermer.


R8C Commission Memorandum No. 239-98

Equitable Estoppel and Review Process for Nonconforming Development Projects.

Administration Recommendation: This item was continued from the April 9, 1998 Special Commission Meeting to the April 15, 1998 meeting at 1:30 p.m.

ACTION: Motion was made by Commissioner Liebman; approving recommendations:

"A": the recommendation of the Planning Department - presume equitable estoppel has been achieved for any project which has obtained a design review approval, variance approval, or a validly issued and active full or partial building permit (including demolition), prior to the adoption of any zoning amendment that renders the project nonconforming including, 97-3097, 98-3107, and 98-3108;

and

"C" a referral to the Planning Board of an amendment to Zoning Ordinance No. 89-2665 to revise the zoning-in-progress moratoria provision to comport with the recommended.

seconded by Commissioner Gottlieb: vote: 5 in favor (Mayor Kasdin and Commissioners Cruz, Gottlieb, Liebman, Smith ; 2 opposed: (Vice-Mayor Dermer and Commissioner Shapiro). Resolution No. 98-22720 adopted. Janet Gavarrete to handle the modifications to the resolution.

Motion made by Commissioner Liebman that the City Manager establish a committee to review projects for equitable estoppel; seconded by Commissioner Gottlieb; Vote: 3 in favor (Commissioners Gottlieb, Cruz and Liebman); 4 opposed (Mayor Kasdin, Vice-Mayor Dermer, Commissioners Shapiro and Smith) Motion Failed..

Motion made by Commissioner Smith directing the City Attorney to draft an ordinance establishing a Special Master system to review claims of equitable estoppel; seconded by Commissioner Cruz; Vote: 5-2; opposed Vice-Mayor Dermer and Commissioner Shapiro. Administration and Legel Department to handle.

Handouts:

1. A Redevelopment fact sheet on Fontainebleau Hilton letterhead.

2. Copy of a memorandum from Debora Turner to Murray Dubbin, dated April 15, 1998, RE: Outline of Preliminary Survey with Regards to Vesting Procedures. (Survey of how different cities hand vesting).


R9 - New Business and Commission Requests

R9A Commission Memorandum No. 240-98

Board and Committee Appointments for the Meeting of April 15, 1998.

(City Clerk's Office)

ACTION:

Beach Preservation Committee:

Frank Del Toro (Commissioner Cruz)

Community Development Advisory Committee:

Dr. Todd Narson (Commissioner Dermer)


R9B Verbal Report on the Trip to Washington D.C. by Vice-Mayor David Dermer and Bruce Henderson.

(Requested by Vice-Mayor David Dermer)

ACTION: Deferred. Judy Hoanshelt to place on May 6th agenda.


R9C Discussion regarding LaGorce/Pine Tree Traffic Calming Proposal.

(Requested by Mayor Neisen Kasdin and Commissioner Simon Cruz)

ACTION: Discussion held. Motion was made by Commissioner Gottlieb to 1.) endorse the LaGorce/Pinetree traffic calming proposal - Harry Mavrogenes to handle; 2.) Chief Barreto to form a police task force to enforce the speed limit on Alton Road; and 3.) Administration to schedule a workshop or neighborhood meeting to look at the traffic issues in the affected areas; seconded by Commissioner Smith; vote: 7-0. Julio Grave de Peralta.

Handouts

1. A map addressed to Julio Grave de Peralta from Michael Alvarez, dated 4/9/98. The map shows the Pine Tree Drive - La Gorce Drive traffic conceptual plan.

2. Letter from Mark S. Gold, dated April 15, 1998, to Mayor Kasdin, Florida Department of Transportation(Risk Management Division), and Florida Department of Insurance(Risk Management Division) RE: Alton Road Homeowners Association Inc. A Not for Profit Corporation organized and existing under the laws of the State of Florida. Claim for damages against the City of Miami Beach and the Department of transportation for damages resulting from the City's and the Department's negligent failure to enforce the laws of the State of Florida (specifically the 30 miles per hours speed limit on Alton Road) and their negligent failure to provide a safe environment on Alton Road through the use of traffic calming devices.


End of Regular Agenda


Reports and Informational Items

A Commission Memorandum No. 241-98

Update on FPL's Frequent Power Outages and Plan to Meet Future Electrical Demand and Report on FPL's Plans to Upgrade the Electrical Transmission System.

(Public Works)

ACTION: Motion by Commissioner Gottlieb to: adopt the resolution (98-22709) which: 1) Expresses the City Commissions desire to have underground power lines; 2) Encourages FP&L to pay for the under grounding; and 3) Administration to pursue the three (3) financing options listed on page 335 of the Commission Agenda; seconded by Commissioner Smith; Vote: 7-0. Commissioner Cruz to assist in the financing negotiations. Legal Department to explore utilizing new development impact fees for under grounding.


B Commission Memorandum No. 242-98

Status Report on the Progress of North Beach Construction.

(Public Works)

ACTION: Written report submitted.


C Commission Memorandum No. 243-98

Status Report on the LRI/ Finestra Movie Theater Project.

(Community/Economic Development)

ACTION: Written report submitted.


D Commission Memorandum No. 244-98

Public Hearings Before the April 28, 1998 Planning Board Meeting are as Follows: 1) Two by Two, Inc., d/b/a Twist, requests a Conditional Use Approval of a Neighborhood Impact Establishment in order to Operate a Bar with an Occupancy of Over 300 Persons Located at 1053 - 1057 Washington Avenue; 2) Corporate Property Services, Inc., requests a Conditional Use Approval in Order to Demolish an Existing Service Bay Facility at the Chevron Service Station Located at 1800 Alton Road and Replace it with a Convenience Store and a 24-Hour Self Service Gas Station; 3) Corporate Property Services, Inc., requests a Conditional Use Approval in Order to Demolish an Existing Service Bay Facility at the Chevron Service Station Located at 1453 Alton Road and Replace it with a Convenience Store and a 24-Hour Self Service Gas Station; and, 4) An Ordinance Requiring Conditional Use Approval for Parking Lots and Garages Which are Not Accessory to a Residential Use, the Parking Lot or Garage is Operated After Midnight and the Parking Lot or Garage is Within 100 Feet of a Residential Use. The Ordinance Also Extends the Time Limits for Temporary Parking Lots by Creating a Second Two-Year Extension of Time.

(Planning Department)

ACTION: Written report submitted.


E Commission Memorandum No. 245-98

Status Report on the Cultural Campus.

(City Manager's Office)

ACTION: Written report submitted.


F Commission Memorandum No. 246-98

Report on Pine Tree Drive from 23rd Street to 26th Street.

(Public Works)

ACTION: Written report submitted.


G Commission Memorandum No. 247-98 (Page 348)

Status Report on the Security Service Contract (Armor Security Inc.).

(Property Management)

ACTION: Written report submitted.

Handout: Report dated April 15, 1998 Commission Meeting Item-G page 348 in the Commission agenda- Armor Security Quarterly Reports.


REDEVELOPMENT AGENCY AGENDA

AGENDA

1. ROLL CALL

2. OLD BUSINESS

A. Item number intentionally not used.


B. Redevelopment Agency Memo No. 98-10 Distributed under Separate Cover

1a. A Resolution Approving Amendments to the South Shore Revitalization Strategy (Redevelopment Plan), as Submitted by the Administration. (Corresponds to City Agenda Item No. R5F 2a)

ACTION: Public hearing held. Resolution 295-98 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb; vote: 5-1; Vice-Mayor Dermer opposed; absent: Commissioner Shapiro.

1b. Approving Amendments to the South Shore Revitalization Strategy (Redevelopment Plan) as Proposed by Portofino. (Corresponds to City Agenda Item No. R5F 2b)

(Continued from 4/1/98)

ACTION: No action taken. See 2B1a.


C. Redevelopment Agency Memo No. 98-10 Distributed under Separate Cover

1a. A Resolution Approving a Development Order Under the Provisions of Section 380.06, Florida Statutes, for the Portofino Alternative Development of Regional Impact, as Originally Submitted by the Administration. (Corresponds to City Agenda No. R5F 4a)

ACTION: No action taken. See 2C1c.

1b. A Resolution Approving a Development Order Under the Provisions of Section 380.06, Florida Statutes, for the Portofino Alternative Development of Regional Impact, as Submitted by Portofino. (Corresponds to City Agenda Item No. R5F 4b)

ACTION: No action taken. See 2C1c.

1c. A Resolution Approving a Development Order Under the Provisions of Section 380.06, Florida Statutes, for the Portofino Alternative Development of Regional Impact, Alternative Version as Submitted by the Administration. (Corresponds to City Agenda Item No. R5F 4c)

ACTION: Public hearing held. Resolution 296-98 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Cruz; vote: 5-1; Vice-Mayor Dermer opposed; absent: Commissioner Shapiro.

2a. A Resolution Approving an Amended Development Order Under the Provisions of Section 380.06, Florida Statutes, for the Miami Beach Marina Alternative Development of Regional Impact, as Submitted by the Administration and Approved by Florida Department of Community Affairs. (Corresponds to City Agenda Item No. R5F 5a)

ACTION: Public hearing held. Resolution 297-98 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Cruz; vote: 5-1; Vice-Mayor Dermer opposed; absent: Commissioner Shapiro.

2b. A Resolution Approving a Development Order Under the Provisions of Section 380.06, Florida Statutes, for the Miami Beach Marina Alternative Development of Regional Impact, as Submitted by Portofino. (Corresponds to City Agenda Item No. R5F 5b)

(Continued from 4/1/98)

ACTION: No action taken. See 2C2a.


3. NEW BUSINESS

A. Redevelopment Agency Memo No. 98-11 Distributed under Separate Cover

A Resolution Approving a Settlement Agreement between West Side Partners, Ltd. and the City of Miami Beach, et al. and Authorizing the Execution of Any Necessary Documents.

ACTION: Resolution No. 293-98 adopted. Motion made by Commissioner Liebman; seconded by Commissioenr Gottlieb; vote: 5 in favor; 2 opposed (Vice-Mayor Dermer and Commissioner Shapiro).

B. Redevelopment Agency Memo No. 98-12 Distributed under Separate Cover

A Resolution Authorizing the Chairman and Secretary to Execute a Limited Joinder to a Fourth Amendment to the Marina Lease Agreement with Regard to the Miami Beach Marina; and Providing an Effective Date. Joint City Commission/Redevelopment Agency.

(Deferred from 4/1/98)

ACTION: Resolution No. 294-98 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Smith; vote: 5-1; Vice-Mayor Dermer opposed;absent: Commissioner Shapiro.

C. Redevelopment Agency Memo No. 98-13

A Resolution of the Chairman And Members of the Miami Beach Redevelopment Agency Authorizing the Chairman and Secretary to Execute an Amendment to the Agreement by and between the City of Miami Beach, the Miami Beach Redevelopment Agency and Tishman Hotel Corporation Pertaining to Project Management Services Regarding the Development and Construction of the Royal Palm Crowne Plaza Resort. Joint City Commission and Redevelopment Agency.

ACTION: Resolution not adopted. Motion made by Vice-Mayor Dermer to refer to the Finance and Citywide Projects Committee; seconded by Commissioner Smith; vote: 7-0. Patricia Walker to place on committee agenda.

End of Agenda

The Commission meeting was adjourned at 12:30 a.m.

SR:REP:dm