City of Miami Beach

City Commission Meeting

Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
May 20, 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


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

AFTER ACTION

CONSENT AGENDA


PA1 9:00 a.m., Certificate of Appreciation/Warren Stamm, Donation. 1

PA2 9:00 a.m., Certificates of Apprec/Darlene Marshall&Gloria Cuevas/Pkg Dpt.

PA3 9:00 a.m., Proclamation/Emergency Medical Services Week.

PA4 9:00 a.m., Certificates of Apprec/Firefighters R. Zalweski & T. Rowe.

PA5 W-Presentation of Check to R. Datorre for Ica, Peru Relief Fund.

PA6 9:00 a.m., Remarks of Thanks: Dr. Rick Gelinas, Little Acorns.

PA7 9:00 a.m., New Item, Proclamation/National Public Works Week.


C2A Bid Award 49-97/98, Waste Receptacles w/Liners, $24,187.72. 2

C2B Maintenance of Series 2000 Latent Workstation/AFIS, $14,000.(5/7ths) 4

C2C Reject Bids Received for Backflow Preventers at Convention Center. 5

C4A S-Refer to Planning Bd/Concurrency Determinations & Mitigation Plans. 6

C7A 2nd Amendment to Lease Agmt w/Concert Assoc. for Colony Theatre. 14

C7B Support Leave a Legacy/Proclaim May 1998 as Leave a Legacy Mo. (Smith). 61

C7C Set Public Hrg to Amend Lease Agmt w/PAL for Bldg at Flamingo Park. 68

C7D Enter into Neg/Psychological Srvs for Employment. 71

C7E Amend 1-Yr Action Plan Component of Consolidated Plan re:41st St & NBDC 75

C7F Multi-Family Housing Rehab Program Matching Grant Agmt./Princessa Inc. 83

C7G Grant Application for Continuation of Funding for Log Cabin. 99

C7H Accept Donation & Appropriation for Playground Equipment in Crespi Pk. 166

C7I Convention Center Signage Program. 170

C7J Rank/Negotiate, A/E Srvs, Rotational Basis for Capital Projects/Studies. 192

C7K 1998 Drug Control & System Improvement Formula Grant Program. 201


REGULAR AGENDA

R2A Renew 2nd Yr, Insituform Southeast for Rehab of Sewers. 238

R5A 10:15 a.m., 2nd Rdg, Home-Based Business Office. (5/7ths) 242

R5B 10:30 a.m., 2nd Rdg, Equitable Estoppel Special Master Procedures. 256

R5C Amend Zoning Ord., Parking Regulations, 1st Rdg. (5/7ths) 269


R6A Report: 3/26/98 Mtg of the Finance and Citywide Projects Committee. 280

R6B 3:45 p.m., Report: 4/13/98 Mtg of the Land Use & Development Comm. 284

R6C 3:45 p.m., Report: 5/11/98 Mtg of the Land Use & Development Comm. 287

R6D 3:30 p.m., Report:5/8/98 Joint Mtg of Fin.&Citywide Pro./Neigh. Comm. 313

R6E Verbal Report: 5/16/98 Mtg of the Finance and Citywide Projects Comm. 318


R7A 11:00 a.m., 2nd P. Hrg, Open & Cont, Dev. Agmt/DiLido Beach Hotel Corp. 320

R7B 10:00 a.m., Joint w/RDA, Amend Settlement Agmt w/West Side Partners. 377

R7C 2:15 p.m., Settlement Agmt re: ADA. 389

R7D 10:00 a.m. Joint,Extension of Escrow for Royal Palm Crowne Plaza Hotel. 393

R7E $25,000 to the 42nd Annual Sister City International Conference. 400


R8A 2:00 p.m. P. Hrg, Review DRB Decision re: The Lofts at South Beach. 420

R8B Creation of Special Assessment District in South Pointe. 485

R8C 11:15 a.m.,Financial Analysis/42nd Street Municipal Parking Garage. 494


R9A Board & Committee Appointments. 510

R9B 10:00 a.m. Joint, Disc. Reconsideration Approval, Portofino Ord.(Cruz) 555

R9C Verbal Report: Wash. D.C. Trip by Vice-Mayor Dermer & Bruce Henderson. 556

R9D 3:15 p.m., Discussion re: Film, Fashion, & Music Industry. (Liebman) 557

R9E 11:30 a.m., Bunny Patchen/Airport Noise Abatement Task Force.(Kasdin) 559

R9F Status Report on Breakwaters/Beach Erosion Project. (Dermer) 589

R9G Noon Break, Committee of the Whole Meeting. 590

R9H 3:15 p.m.,Disc. re:Fashion, Film, TV & Recording Comm. Needs.(Gottlieb) 591

R9I 2:30 p.m., Disc. Partial Settlement of Case, Victor J. Labruzzo. 594

R9J 3:00 p.m., Disc. of Case-Ricardo Olivieri&Francisco Martinez.(Dermer) 595

R10A Noon Break, Executive Session re: ADA Settlement. 598

R10B Noon Break, Executive Session re: Victor J. Labruzzo v. CMB. 599


REPORTS AND INFORMATIONAL ITEMS

A S-Collins Avenue Corridor (5th to 15th St) Traffic Mitigation Plan. 600

B S-Alton Rd Corridor (17th to 18th St) Traffic Mitigation Plan. 608

C Update on FPL's Frequent Power Outages and Plan to Meet Future Demand. 613

D Status Report on the Progress of North Beach Construction. 616

E Status Report on the LRI/Finestra Movie Theater Project. 617

F Public Hearings Before the May 26,1998 Planning Board Meeting. 619

G S-Status Report on the Cultural Campus. 621

H Analysis of Actual Revenues and Expenses for Quarter Ended 3/31/98. 625

I Analysis of Performance Measurement Achievements, Quarter 3/31/98. 642

J Report on Concession Agmt w/Service America Corp.(Gottlieb) 656

K Report: 5/7/98 Mtg of the Visitors and Convention Authority. 665


REDEVELOPMENT AGENCY ITEMS - 10:00 A.M.

2A Joint, Amend Settlement Agmt w/West Side Partners, Ltd. 1

2B Joint, Discussion Reconsideration Approval, Portofino Ord.(Cruz) 14

3A Joint, Extension of Escrow for Royal Palm Crowne Plaza Hotel. 15


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 Warren Stamm, in Appreciation of his Generous Donation of Computer Equipment to the City of Miami Beach.

(Police Department)

ACTION: Certificate presented.


PA2 Certificates of Appreciation to be Presented to Darlene Marshall, Parking Enforcement Specialist II, and Gloria Cuevas, Parking Enforcement Specialist I, for Going That Extra Mile by Being Courteous and Calm in a Difficult Situation.

ACTION: Certificates presented.


PA3 A Proclamation to be Presented to Fire Chief Luis Garcia Designating May 17-23 Emergency Medical Services (EMS) Week.

(Fire Department)

ACTION: Proclamation presented.


PA4 Firefighter Richard Zalweski and Firefighter Thomas Rowe for Outstanding Work During the Fire on Monument Isle.

ACTION: Certificates presented.


PA5 Presentation of Check to Roberto Datorre for Ica, Peru Relief Fund (Funds Donated by the Community).

ACTION: Withdrawn.


PA6 Remarks of Thanks from Dr. Rick Gelinas, Executive Co-Director of Little Acorns regarding the 3rd Annual Little Acorns International Kite Festival on South Beach.

ACTION: Presented.

HANDOUT: Little Acorns - 3rd Annual International Kite Festival brochures.


ADD-ON ITEM:

PA7 Presentation to Public Works Director Julio Grave de Peralta Proclaiming National Public Works Week.

ACTION: Proclamation Presented.


CONSENT AGENDA

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


C2 - Competitive Bid Reports

C2A Commission Memorandum No. 302-98

Request for Approval to Award a Purchase Order to Pyramid School Products, Inc. in the Amount of $24,187.72, Pursuant to Bid No. 49-97/98 for Providing 114 Fiberglass Waste Receptacles with Liners, 94 Center-Hole Waste Lids, and 20 Side-Fill Receptacles with Sand Rings for the Miami Beach Convention Center. Funding: Convention Center Budget Account.

Administration Recommendation: Authorize the award.

(Convention Center)

ACTION: Award authorized. Judy Ford to issue Purchase Order. Mayra Diaz Buttacavoli to handle.


C2B Commission Memorandum No. 303-98

Request for Approval to Award a Purchase Order to Printrak International, Inc. in the Amount of $14,000 for a One-Year Maintenance Agreement for a Series 2000 Latent Workstation that Interfaces with the Miami-Dade Police Automated Fingerprint Identification System (AFIS). Funding: Police Department's Criminal Investigation Division Contract Maintenance Account.

Administration Recommendation: Authorize the award.

(Police Department)

ACTION: Award approved. Sole-source certification letter on file. Maintenance renewed by 5/7ths vote. Judy Ford to issue Purchase Order. Chief Barreto to handle.

Clerk's Note: Maintenance Service Agreement Period: April 13, 1998 through April 12, 1999.


C2C Commission Memorandum No. 304-98

Request for Approval to Reject Bid Received for Supplying and Installing Stainless Steel Backflow Preventers in the Fire Protection System at the Miami Beach Convention Center, Pursuant to Bid No. 22-97/98.

Administration Recommendation: Reject the bids.

(Convention Center)

ACTION: Rejection of Bids authorized. Judy Ford to notify bidders.


C4 - Commission Committee Assignments

C4A Commission Memorandum No. 305-98

Referral to the Planning Board - Proposed Amendments to Appropriate Sections of the Zoning Ordinance 89-2665, relative to Clarifications to Concurrency Determinations and Mitigation Plans.

Administration Recommendation: Refer the Matter.

(Planning Department)

ACTION: Referred. Commissioner Liebman made a motion to refer this item to the Planning Board with the following amendment: include as part of the package to the Design Review Board the applicant's conceptual traffic mitigation plan, confirmed by the Planning staff as feasible, for the purpose of mitigating traffic and roadway deficiencies; seconded by Commissioner Gottlieb; Vote: 6-0; Mayor Kasdin absent. Dean Grandin to place on the June/July Planning Board agenda.


C7 - Resolutions

C7A Commission Memorandum No. 279-98

A Resolution Approving a Second Amendment to the Lease Agreement with the Concert Association of Florida, Inc., for the Colony Theatre, Located at 1040 Lincoln Road, Miami Beach, Florida, and Further Authorizing the Mayor and City Clerk to Execute Said Second Amendment.

Administration Recommendation: Adopt the Resolution.

(Asset Management)

(Deferred from 5/6/98)

ACTION: Resolution No. 98-22739 adopted. Joe Damien to handle.


C7B Memorandum from Commissioner Jose Smith

A Resolution Supporting the Leave a Legacy Initiative Sponsored by the Miami-Dade County Planned Giving Council and Proclaiming May 1998 to be Leave a Legacy Month.

(Requested by Commissioner Jose Smith)

(Deferred from 5/6/98)

ACTION: Resolution No. 98-22740 adopted. City Clerk's Office to send a copy of the resolution to the Planned Giving Council of Miami-Dade County, Florida. Nannette Rodriguez to publicize as necessary.


C7C Commission Memorandum No. 306-98

A Resolution Calling a Public Hearing to Consider Public Comment Regarding a First Amendment to the Lease Between the City and the Miami Beach Police Athletic League, Inc.; Said Amendment, in Part, Changing the Term of the Lease from July 1, 1996 to June 30, 2001, to July 1, 1998 to June 30, 2023.

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 98-22741 adopted as amended. Correct the "NOW THEREFORE" section to reflect the public hearing is scheduled for June 17th at 10:45 a.m. R. Parcher to publish notice. Dean Grandin and Judy Ford to handle according to the requirements of Ordinance 92-2783.

Clerk's Note: Leasing city land is covered under the Shapiro Ordinance (92-2783) and requires advertising not less than 15 days prior to the hearing.


C7D Commission Memorandum No. 307-98

Resolution Authorizing the Administration to Enter into Negotiations for a Professional Services Agreement with the Sole Responsive Proposer, Law Enforcement Psychological and Counseling Associates, Inc., Pursuant to RFP No. 38-97/02 to Provide Psychological Services for Employment Applicants in the Police Officer, Firefighter, and Related Classifications and for City Employees.

Administration Recommendation: Adopt the Resolution.

(Human Resources)

ACTION: Resolution No. 98-22742 adopted. T.C. Adderly to handle.


C7E Commission Memorandum No. 299-98

1. A Resolution Approving an Amendment to the One-Year Action Plan Components of the City's Consolidated Plan for Federal Funds for Fiscal Years 1995/96 and 1996/97 to Reallocate, at the Request of the North Beach Development Corporation (NBDC), $125,000 from the FY 1996/97 NBDC-North Beach Commercial Facade Renovation/Enhancement Project; to Reallocate $100,000 from the City of Miami Beach FY 1995/96 Multi-Family Rehabilitation Project and Allocate $103,800 from FY 1996/97 Unanticipated Program Income to the Fire Station #4 Rehabilitation Project for a Total Allocation of $328,800 for the Rehabilitation of Fire Station #4.

2. Resolution Approving an Amendment to the One-Year Action Plan Components of the City's Consolidated Plan for Federal Funds for Fiscal Years 1995/96, 1996/97 and 1997/98 to Reallocate $132,210 to the City's 41st Street Improvements Project from the City's Middle Beach Commercial Facade Rehabilitation Program as Follows: $52,210 from FY 1995/96, $50,000 from FY 1996/97, and $30,000 from FY 1997/98.

Administration Recommendation: Adopt the Resolutions

(Community/Economic Development)

ACTION: Commissioner Smith expressed his concerns regarding the use of CDBG funds for the 41st Street Improvements Project. Resolution No. 98-22743 adopted. Commissioner Smith made a motion to approve the rehabilitation of fire station #4(number 1 above) and to defer the $132,210 for the 41st Street Improvements Project for further analysis and review; Seconded by Vice-Mayor Dermer; Voice vote: 7-0. Harry Mavrogenes to handle.


C7F Commission Memorandum No. 300-98

A Resolution Authorizing the Mayor and City Clerk to Execute the Multi-Family Housing Rehabilitation Program Matching Grant Agreement with Princessa Inc., to Provide Assistance in the Amount of $85,000 in Community Development Block Grant (CDBG) Funds Through the Multi-Family Housing Rehabilitation Program, for the Rehabilitation of the Property Located at 1005 and 1011 Ninth Street, Miami Beach.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 98-22744 adopted. Harry Mavrogenes to handle.


C7G Commission Memorandum No. 301-98

A Resolution Authorizing and Directing the Submission of an Application in the Amount of $327,983 to the State of Florida, Department of Children and Families Services (CFS), for Continuation of Funding of the Log Cabin Training Center, from the State Department of Children and Families Services for the Following Programs: the Developmental Training Program Consisting of an Independent Living Skills Program and Transportation Services; and the Supported Independent Living Program (SIL), Both Designed to Benefit Developmentally Disabled Adults; and, to Appropriate Funds and Execute Contract(s) for the Final Grant Award(s) for the Period of July 1, 1998 to June 30, 1999.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 98-22745 adopted. Harry Mavrogenes to handle.


C7H Commission Memorandum No. 308-98

A Resolution Accepting a Donation of the Purchase and Installation of Playground Equipment from Advo Inc., Estimated at $20,000, to be Installed in Crespi Park, as Proposed in the Parks Master Plan, Further Appropriating an Additional $25,000 from the Parks General Obligation Bond, Fund 370, for the Related Concrete Work and Safety Surface Associated with the Installation of this Playground Equipment.

Administration Recommendation: Adopt the Resolution.

(Recreation, Culture and Parks)

ACTION: Resolution No. 98-22746 adopted. Kevin Smith to handle.


C7I Commission Memorandum No. 309-98

.A Resolution Authorizing the Mayor and City Clerk to Execute a Professional Services Agreement with the Number-One Ranked Firm, Tom Graboski Associates, Inc., Pursuant to Request for Proposals (RFP) No. 134-96/97, for Providing Environmental Graphics and Design Services and Engineering Services for the Miami Beach Convention Center Signage Program, in the Amount of $68,000, for the Citywide and Exterior Marquee Signage and Interior and ADA Signage Program.

Administration Recommendation: Adopt the Resolution.

(Convention Center)

ACTION: Resolution No. 98-22747 adopted. Mayra Diaz Buttacavoli to handle.


C7J Commission Memorandum No. 298-98

A Resolution Accepting the Ranking of Responses Received and Authorizing the Administration to Enter into Negotiations for a Two-Year Contract with the Seven Top-Ranked Firms, Bermello, Ajamil & Partners, Inc.; Corzo, Castella, Carballo, Thompson, Salman (C3TS); Carr Smith Corradino; E.N. Bechamps & Associates, Inc.; Giller & Giller, Inc.; M.C. Harry Associates; and REG Architects, Inc.; Pursuant to RFQ No 110-96/98 for Providing Professional Architectural/Engineering Services on a Rotational Basis, for Capital Projects Where Basic Construction Cost Does Not Exceed $500,000 per Project, and for Study Activities for which the Fee Does Not Exceed $25,000. Funding: Capital Projects Work Orders.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 98-22748 adopted. Julio Grave de Peralta and Judy Ford to handle.


C7K Commission Memorandum No. 310-98

A Resolution Authorizing, Retroactively, the Filing of a Grant by the Miami Beach Police Department, in the Amount of $62,000, from the State of Florida, Under the 1998 Drug Control and System Improvement Formula Grant Program (Edward Byrne Memorial State and Local Assistance Program).

Administration Recommendation: Adopt the Resolution.

(Police Department)

ACTION: Resolution No. 98-22749 adopted. Chief Barreto to handle.


End of Consent Agenda



REGULAR AGENDA

R2 - Competitive Bid Reports

R2A Commission Memorandum No. 311-98

Request for Approval to Exercise Second One-Year Renewal Option for Contract No. 75-95/96 with Insituform Southeast, Inc., for Rehabilitation of Sanitary Sewers by Resin-Impregnated Felt Cured-In-Place Pipe Lining Method, with Two One-Year Renewal Options; Amount of Contract Estimated at $1,000,000. Funding: Water and Sewer Bond Fund.

Administration Recommendation: Authorize the award.

(Public Works)

ACTION: Second One-Year Renewal option approved. Motion made by Commissioner Gottlieb;seconded by Commissioner Cruz; voice vote: 6-0; absent: Mayor Kasdin. Julio Grave de Peralta to handle.


R5 - Ordinances

R5A Commission Memorandum No. 312-98

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

Administration Recommendation: Adopt the Ordinance.

(Planning Department)

(First Reading 4/15/98)

ACTION: Public hearing held. Ordinance No. 98-3109 adopted, as amended. Ordinance amended in Section 6-22,(I) Home Based Business office (2) to read "A Home Based Business Office which does not satisfy all of the above standards at all times during operation shall be prohibited and no license shall be issued to an applicant whose business operation would violate said standards." Motion to adopt the amended ordinance made by Commissioner Liebman; seconded by Commissioner Cruz; ballot vote: 7-0. Administration and City Attorney to prepare the application and develop the necessary procedures. Dean Grandin, Patricia Walker, and Al Childress to handle.


R5B City Attorney Commission Memorandum No. 313-98

An Ordinance Amending Chapter 2 of the City Code Entitled "Administration", by Creating a New Section 2-35 Entitled "Special Master Proceedings to Determine the Application of Equitable Estoppel Criteria to Development Projects"; Providing for Codification, Severability, Repealer, and an Effective Date". 10:30 a.m. Public Hearing, Second and Final Reading

Recommendation: Adopt the Ordinance.

(City Attorney's Office)

(First Reading 5/6/98)

ACTION: Public hearing held. Motion was made by Commissioner Gottlieb to open and continued the public hearing to June 17th Commission meeting at 10:30 a.m. and seconded by Commissioner Cruz; voice vote: 7-0. Legal Department to review the issues raised. Do each of the issues expressed need to be written down? Legal Department to handle.

The following citizens were heard during the public hearing:

Kent Harrison Robbins:

Section F. Application for Relief: a) unclear as to when a person is entitled to proceed with the equitable estoppel hearing or to even apply for the hearing; b) unclear when the qualification occurs (i.e. changes subsequent to or submission of a completed application to the DRB; c) definition of "participant" too broad as it involves all the people who were involved in the opposition to the project; ordinance fails to specifically address when it requires the prior participants to the particular project as it applies for equitable estoppel; d) the intent of the ordinance which is to provide for a speedy and inexpensive process to settle issues pertaining to equitable estoppel is hampered by the 60-day timeframe for scheduling hearings; if requested, a hearing should be scheduled within 15 days after an application is submitted in order to ensure the speedy intent of the ordinance; e) because the zoning code is constantly changed it would be impossible for an application to be filed within the 90-day timeframe limitations as to the determinations of whether or not a project is nonconforming; the timeframe is unfair because if you don't file within the 90 days equitable estoppel rights are forfeited whereas under the law an applicant has 4 years in which to file under equitable estoppel; f) the criteria for equitable estoppel is unclear and there is no way to know what particular criteria would be applied to each particular project and each special master appointed would have a different set of criteria; need to have a commonality of criteria; the ordinance does not clarify which law applies (i.e. Florida Common Law or Case Law of Florida; what rules of evidence apply?; g) qualifications of the Special Master; non-attorney?; h) requested that the clause dealing with petition to the court of selection of the Special Master be re-inserted; i) unfair for the applicant to pay all court/special master expenses involved; j) unclear who has standing in the issue of appeals from the Special Master and requested that the appellate process be refined to include any person who is an affected person under the Florida Rules of Court and under Florida Case Law and are substantially affected by the outcome of the Special Master determination can appeal.

Aimee Hamilton:

Expressed concern with the Special Master process and requested the Commission to further review this process in context with State Law and requested the Commission to repeal the bright line ordinance.

Minette Benson:

Requested: a) that the process include more public input; b) that someone will need to monitor the Special Master process; c) that DRB approval be withheld until all conditions are met by the applicant.

Charles Schaab:

Stated that DRB approval from zoning-in-progress legislation is now the bright line and the City now has a special master process and questioned how the two processes dovetail? Will applicants not be able to apply for the Special Master process if they do not have DRB approval?

Carter McDowell:

Spoke in support of the Special Master process and quoted case law Renard vs. Dade County which established various standards of review as to who has the right to be a participant and who has standing to bring a challenge and that adjacent property owners may have the right to intervene and that in effect this standard has changed the process into a public hearing and that pursuant to this the applicant must mail notice to property owners within 375 ft. and felt that these people should not be participants in the process; felt that the applicant should not have to pay the entire cost of the proceeding including the cost of the Special Master; the 90-day timeframe is unfair because most of the zoning changes have been done as text changes with only a single newspaper notice and that failure of direct notice to the public would not afford them sufficient time to understand the issues; K. Consolidation: Why is the City determining that applicants (clients) should be consolidated if different factual situations are involved?; if there are separate issues before the Special Master it's unfair that the City gets to choose which Master hears what case because of previous positions and different views of the process; clarification is needed as to what is evidence in the proceeding.

Sam Hurtzburg:

Spoke in favor of the Special Master process and requested the Commission to consider expanding the timeframe from 6-8 months.


R5C Commission Memorandum No. 314-98

An Ordinance Amending Comprehensive Zoning Ordinance No. 89-2665, by: Amending Section 7, Entitled "Parking Regulations", Amending Subsection 7-5, Entitled "Design Standards" by Requiring That Certain Parking Lots or Parking Garages Are Subject to Conditional Use Approval and by Providing for Extension Periods for the Operation of Temporary Parking Lots. Providing for Inclusion in the Zoning Ordinance; Repealer, Severability and an Effective Date. First Reading

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

(Planning Department)

ACTION: Ordinance approved on first reading, as amended - The Planning and Zoning Director is authorized to approve applications for renewal of parking lot usage permits if there have been no previous complaints submitted against the applicant. Permits denied by the Planning and Zoning Director can be directed to the Planning Board for consideration. New applications require Planning Board approval. Motion was made by Commissioner Liebman; seconded by Commissioner Gottlieb; ballot vote: 7-0. Second reading and public hearing scheduled for June 17th at 10:15 a.m. R. Parcher to publish notice. Dean Grandin to handle.


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 5/6/98)

ACTION: Not reached. Judy Hoanshelt to place on the June 3rd agenda.


R6B Commission Memorandum No. 277-98

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. 4) Discussion regarding separating the 17th Street and Pennsylvania Avenue Surface Parking Lot from the Upcoming Request for Proposals and Be Issued as a Separate Request for Proposals at a Later Date.

(Deferred from 5/6/98)

ACTION: Discussion held on item # 2 of the report. Administration to schedule a community workshop with business owners and merchants on Lincoln Road and other interested citizens to discuss shutters and security bars. Administration to report back to the Commission. Administration requested to look into possible funding sources. Item # 4 discussed with items R9D and R9H. Motion to accept the remainder of the report made by Commissioner Liebman; seconded by Commissioner Cruz; voice vote: 7-0. Janet Gavarrete to handle.


R6C Commission Memorandum No. 315-98

Report on the Land Use and Development Committee Meeting Held on May 11, 1998, regarding the Following: 1) Lot Splits for Buildings Within the Historic District; 2) Sidewalk Cafe; 3) 17th Street and Pennsylvania Avenue Surface Parking Lot; 4) Bed and Breakfast Inns; 5) Conversion of Residential Apartment Buildings to Mixed Use in Historic Districts; 6) Support for Metrorail System Expansion to Miami Beach; 7) Public Telephone Ordinance.

ACTION: Motion to accept the report made by Commissioner Liebman; seconded by Commissioner Cruz; voice vote: 7-0.


R6D Commission Memorandum No. 316-98

Report on the Joint Meeting of the Finance and Citywide Projects Committee and the Neighborhood Committee Held on May 8, 1998, regarding the Following: 1) Update and Review of $59 Million Water and Sewer Bonds Issue for the City's Infrastructure Program; 2) Presentation of Proposed Improvements to City Parks and Recreation Facilities Per the $15 Million General Obligation Parks Improvements Bond Program and the Miami-Dade County Safe Neighborhood Parks Program.

ACTION: Discussion held on item 2 of the report. Youth Center Ice Rink deferred to a future Commission meeting at the request of Commissioners Gottlieb and Liebman (Barbara Medina). Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb to proceed with the construction documents in accordance with the schematic plans; Commissioner Gottlieb amended the motion to separate out Fairway Park and to see if $170,000 can be found for sports lighting as a priority item and to review the issue(s) of the restrooms at Lummus Park. Funding is not to come from any other currently financed park project. Administration to investigate TIF as a source of funding for Washington and South Pointe Parks; voice vote: 7-0. Report back to the Commission in three months with a recommendation for use of any savings for the North Shore Youth Center. Meet with staff and other interested parties to discuss cost estimates for the Youth Center Ice Rink and report back at the June 17th Commission meeting for authorization to move forward with construction documents. Prioritize the Fairway Park lighting allocation. Mayor Kasdin requested that the bid documents be ready by June 17th.

Handout:

1..Submitted by a citizen. Miami Beach Comprehensive Plan comments.

2. Copy of the presentation to the Joint meeting of the Capital Improvements/Finance and Neighborhoods Committee dated May 8, 1998. (Parks Master Plan of Bond Programs Sites and Miami-Dade County Safe Neighborhood Parks Bond Program Sites)


R6E Verbal Report on the Finance and Citywide Projects Committee Meeting Held on May 16, 1998, regarding a Review of the Following Capital Improvement Projects: Parking; Public Safety; Recreation, Culture, and Parks; Public Facilities; Transportation; Public Works; Information Technology.

ACTION: Not reached. Judy Hoanshelt to place on the June 3rd agenda.

Handout: Draft version of the Commission Memorandum from Sergio Rodriguez to the Mayor and City Commission, dated May 20,1998 on the above meeting.


R7 - Resolutions

R7A Commission Memorandum No. 317-98

A Resolution Approving a 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, and at 1653, 1655, 1657, 1661, 1663, and 1669 Collins Avenue, Miami Beach, Florida.

Administration Recommendation: That this item be Opened and Continued to June 3, 1998.

(Community/Economic Development)

(First Public Hearing 5/6/98)

ACTION: Discussion held. Development Agreement approved after second public hearing and authorized the Mayor and City Clerk to execute all appropriate documents as amended. Motion to approve made by Commissioner Gottlieb; seconded by Commissioner Liebman; voice vote: 7-0. Resolution No. 98-22750 adopted. Legal Department to amend the development agreement and the resolution pursuant to the amendments made. Legal Department and Harry Mavrogenes to handle. Amendments read into the record by Diana Grubb Frieser as follows:

The amendments to the agreement can be generally described as follows, subject to the review and approval of the City Attorney and Administration.

1. Requirement that site be operated as a Ritz-Carlton for a period of 3-years after certificate of occupancy (CO), subject to termination rights of the lender and the owner respectively; the quality standard of the Ritz Carlton as of the date of the agreement must be effective as of the execution of the agreement; the financing must be in the amount of $50 million or more.

2. Section 3.6 - revision to the definition of beachwalk site plan (what the City included as a conceptual drawing)

3. Section 8 - Lincoln Road Improvement Section - Specifically provides that the improvements that will be affected will have to follow the existing geometry of Lincoln Road and they shall be substantially following the Lincoln Road improvements; the sidewalks and roadway must continue where they are; a median to be inserted; the developer has the option to upgrade and make certain revisions to the plans only to the extent that those revisions or upgrades are accepted by the City. A separated agreement for the developer to maintain the upgrades. A base amount of $500,000 which will be utilized for the improvements of Lincoln Road streetend and the beach access and a base plan must be completed. Additionally, they have the right to expend additional funds subject to the approval of the City and they obligated to obtain all the design and permit approvals and payments of all fees. Clarifies the obligation of the lender and includes the posting of a performance bond.

4. Section 10 - correct the typo

5. Section 11.1 - the language was clarified to specifically include the vacation as a condition to the second closing.

6. Section 11.2 - clarified the conditions for the City's termination after the approval period and prior to second closing.

7. Exhibit C - beachwalk easement

Exhibit E - beach access easement

Exhibit F - Lincoln Road easement

Language was revised to delete the default to the extent they were included and to make the provisions regarding security, insurance and refuse removal as a standard for the city and not have any higher obligation.

8. Exhibit G - the site plan had a small technical error that included an overhang and this was corrected by the architects.

9. Exhibit H - correct the typo error referring to the zoning ordinance which was applicable with respect to height.

10. Exhibit I was corrected to reflect that the copies of the agreement are available in the City Clerk's office.

11. Exhibit J was expanded to include the additional easements.

Clerk's Note: Agreement to be recorded with the Clerk of the Circuit Court per Section 19 within 14 days after execution of the Agreement. Mercy Williams to immediately notify City Clerk when development agreement is executed.

Handout: Letter from Stephen J. Helfman to Honorable Mayor and Commissioners, dated May 20, 1998, RE: Support for Development Agreement with Di Lido Beach Hotel.


R7B Commission Memorandum No. 318-98

A Resolution Approving an Amendment to Settlement Agreement between West Side Partners, Ltd. and the City of Miami Beach, et al. and Authorizing the Execution of Any Necessary Documents. Joint City Commission and Redevelopment Agency

Administration Recommendation: Adopt the Resolution.

(City Attorney's Office)

(Deferred from 5/6/98)

ACTION: Discussion held. Resolution No. 98-22751 adopted. Motion was made by Commissioner Liebman to approve the amendment to the settlement agreement; seconded by Commissioner Gottlieb; voice vote: 7-0. Discussion continued.

Motion made by Vice-Mayor Dermer, 1) directing the City Attorney to research the 1986 SSDI agreement which requires 1.25 parking spaces per unit and the Zoning Ordinance, which requires two (2) parking spaces per unit, to determine which will be enforced; and 2) under the agreement the City was supposed to receive 3,000 sq. feet of space for 40-years at the 5th Street and Washington Ave. building. If the City has not been given the space is there a breach of contract and can the City pull the Certificate of Occupancy (CO)? Motion seconded by Commissioner Shapiro; Vote: 7-0.

Handout: Three referenced letters.

Larry Levy to verify with the City Clerk that the letters are on file in the City Clerk's office.


R7C Commission Memorandum No. 288-98

A Resolution to Approve the Settlement between the City of Miami Beach and the Association for Disabled Americans, Inc., the Florida Paraplegic Association, Ernst Rosenkrantz, and Daniel Ruiz, Regarding the Implementation of the Americans with Disabilities Act Standards (ADA) Within City Facilities, Programs and Services. (Agreement in Negotiations - To be Distributed Under Separate Cover)

Administration Recommendation: Adopt the Resolution, upon consideration of the proposed stipulation for settlement at the Executive Session.

(Public Works)

ACTION: Resolution No. 98-22752 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Cruz; voice vote: 6-0; Commissioner Smith absent. Julio Grave de Peralta to coordinate.

Handout: Copy of the settlement agreement[not form approved by the City Attorney].


R7D Commission Memorandum No. 319-98

A Resolution Extending the Termination Date of the Escrow Agreement Dated as of October 21, 1997, as Amended, Between the Miami Beach Redevelopment Agency, the City, RDP Royal Palm Hotel Limited Partnership, and Bloom & Minsker, for an Additional Period of 73 days; and Providing an Effective Date. Joint City Commission and Redevelopment Agency.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Resolution No. 98-22753 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Smith; voice vote: 7-0. Harry Mavrogenes to handle.

Clerk's Note: Submitted resolution reflects the 3rd Amendment to the Escrow Agreement extending the Escrow Agreement for an additional 73 days from May 4, 1998 to July 16, 1998. Resolution No. 98-22634 approved the 1st Amendment; Resolution No. 98-22683 approved the 2nd Amendment.


R7E Commission Memorandum No. 320-98

A Resolution Authorizing the Expenditure of $25,000 from the General Fund Citywide Account as a Contribution to the Production of the 42nd Annual Sister City International Conference on July 29 - August 1, 1998 to be Held in the City of Miami Beach.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Discussion held. Motion was made by Commissioner Cruz to approve the funding request. No second was offered.


R8 - Old Business

R8A Commission Memorandum No. 321-98

Request for the City Commission 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. 2:00 p.m. Public Hearing

Administration Recommendation: That the City Commission uphold the decision of the Design Review Board, wherein it approved the construction of a seven level mixed use building, inclusive of eight residential units, office/studio units and retail space at 1403 Dade Boulevard.

(Planning Department)

(Continued from 5/6/98))

ACTION: Discussion held. Commissioner Liebman made a motion to reverse and remand the decision of the Design Review Board based on the applicant's failure to meet the essential requirements of law by not submitting an approved traffic mitigation plan; seconded by Vice-Mayor Dermer. Commissioner Shapiro amended the motion to include a stipulation that the project to be non-residential use and that no kitchens are to be installed in the commercial units. Ballot vote: 3 in favor (Vice-Mayor Dermer and Commissioners Liebman and Shapiro); 3 opposed (Mayor Kasdin and Commissioners Cruz and Gottlieb); Commissioner Smith abstained. The Design Review Board's decision was upheld.

Clerk's Note: Form 8B Memorandum of Voting Conflict, Municipal, and other Local Public Officers, has been filed in the City Clerk's office.


R8B Commission Memorandum No. 173-98

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 4/15/98)

ACTION: Not reached. Judy Hoanshelt to place on the June 3rd agenda.


R8C Commission Memorandum No. 322-98

Financial Analysis of the 42nd Street Municipal Parking Garage.

(Parking Department)

ACTION: Motion by Commissioner Gottlieb; seconded by Commissioner Smith to have an attendant facility Monday thru Friday for eleven (11) hours per day and pay stations during the remaining hours and weekends. Further, the Administration will make adjustments in the future as the needs arise. Commissioner Gottlieb requested the construction contract be expedited. Voice vote: 7-0.


R9 - New Business and Commission Requests

R9A Commission Memorandum No. 323-98

Board and Committee Appointments for the Meeting of May 20, 1998.

(City Clerk's Office)

ACTION: The following appointments made:

Health Advisory Board:

Holly Wallack - nominated by Mayor Kasdin; seconded by Commissioner Liebman; vote: 7-0.

Fashion Film and Tv Board:

Ken Schiff - nominated by Commissioner Cruz; seconded by Vice-Mayor Dermer; vote: 7-0.

Status of Women:

Meryl Wolfson - appointed by Mayor Kasdin

Tourist and Convention Center Expansion Authority:

Phillip Morris - appointed by Commissioner Liebman

Alberto Muhtar- appointed by Vice-Mayor Dermer

Beach Preservation Committee:

Victor Varela- appointed by Commissioner Liebman


R9B Discussion regarding a Reconsideration of the DRI Approval Ordinance relative to the Portofino Settlement Agreement. Joint City Commission and Redevelopment Agency

(Requested by Commissioner Simon Cruz)

(Deferred from 5/6/98)

ACTION: Discussion held. City Attorney opined that based on Section 36 of Robert's Rules of Order, 9th Edition, 1990, a motion to reconsider is out of order. No further action was taken.


R9C Verbal Report on the Trip to Washington D.C. by Vice-Mayor David Dermer and Bruce Henderson.

(Requested by Vice-Mayor David Dermer)

(Deferred from 5/6/98)

ACTION: Not reached. Judy Hoanshelt to place on the June 3rd agenda.


R9D Discussion of the Film, Fashion, and Music Industry regarding a Mechanism Whereby Representatives from the Industry Can Offer an In-depth Report on Their Impact in the Community.

(Requested by Commissioner Nancy Liebman)

(Deferred from 5/6/98)

ACTION: Discussion held. Commissioner Liebman made a two-part motion: 1) to immediately begin the planning process for all three lots (North Beach lot, 18th St./Washington Ave and Preferred Lot). Planning process to begin with a city staff planner and a planning consultant; and 2) A workshop or a Commission item be scheduled to hear input from the film, fashion, and music industry. Motion was seconded by Commissioner Smith. Vice-Mayor Dermer amend the motion by requesting the Administration review the possibility of using the Convention Center to house some of the industry. Voice vote: 7-0. Janet Gavarrete to handle.


R9E Report from Bunny Patchen regarding a Recent Meeting of the Miami-Dade County Airport Noise Abatement Task Force.

(Requested by Mayor Neisen Kasdin)

(Deferred from 5/6/98)

ACTION: Not reached. Judy Hoanshelt to place on the June 3rd agenda.


R9F Status Report on the Breakwaters/Beach Erosion Project.

(Requested by Vice-Mayor David Dermer)

(Deferred from 5/6/98)

ACTION: Not reached. Judy Hoanshelt to place on the June 3rd agenda.


R9G A "Committee of the Whole" Meeting Regarding the Office of the Mayor and City Commission Fiscal Year 1998/99 Proposed Operating Budget, Will Take Place During the Noon Break in the City Manager's Large Conference Room.

ACTION: Meeting held.


R9H Discussion regarding a Request and Resolution from the Fashion, Film, Television and Recording Committee Recommending that the Mayor and City Commission issue a Request for Proposals Calling for a Project that Would Meet the Needs of the Entertainment Industry.

(Requested by Commissioner Susan Gottlieb)

ACTION: Discussed with item R9D.


R9I Discussion regarding a Partial Settlement of the Following Case - Victor J. Labruzzo v. City of Miami Beach - Case No. 98-115AP.

(City Attorney's Office)

ACTION: Withdrawn at the request of the City Attorney.


R9J Discussion regarding an Appeal of Judge Esquiroz's ruling on the Olivieri and Martinez vs. City of Miami Beach.

(Requested by Commissioner David Dermer)

ACTION: Discussion held. The City Attorney advised that the City has 30 days in which to file an appeal to the Circuit Court and requested the issue be deferred for two weeks to give them an opportunity to further analyze the issue.

Vice-Mayor Dermer made a motion directing the City Attorney to file a notice of appeal 30 days; seconded by Commissioner Shapiro. Commissioner Gottlieb made a motion to defer the item for two weeks; seconded by Commissioner Cruz; ballot vote: 5 in favor (Mayor Kasdin and Commissioners Cruz, Gottlieb, Liebman and Smith); 2 opposed (Vice-Mayor Dermer and Commissioner Shapiro).

Mayor Kasdin requested the Administration and City Attorney, during the two week deferral, to: 1) analyze the consequences to the City of the court action; and 2) if the City does appeal and the decision is upheld was are the possible consequences.

Commissioner Gottlieb requested the Administration evaluate the impact of the decision on the remaining 30 applications.

Vice-Mayor Dermer requested the Legal Department research and report back on the specifics of the Goulds vs City of Coral Gables.

Handouts:

1. Riccardo Olivieri and Francisco Martinez, plaintiffs vs Cityof Miami Beach, case no. 98-08215(CA 10) - Final Judgement - the Honorable Margarita Esquiroz, Circuit Court Judge.

2. Petition addressed to Mayor Kasdin and Commissioner Liebman urging them to support a motion to appeal Jduge Esquiroz's May 11, 1998 decisiion against the City.


R10 - City Attorney Reports

R10A Closed Executive Session.

Pursuant to Section 286.011, Florida Statutes, a Closed Executive Session will be held during lunch recess of the City Commission meeting on May 20, 1998 in the City Manager's large conference room, Fourth Floor, City Hall, to discuss settlement issues pertaining to the following pending litigation:

Association for Disabled Americans, Inc., The Florida Paraplegic Association, Ernst Rosenkrantz and Daniel Ruiz, vs City of Miami Beach. US District Court Southern District of Florida, Case No. 96-2154 CIV-MORENO

The following individuals will be in attendance: Mayor Neisen Kasdin; Members of the Commission: Simon Cruz, David Dermer, Susan Gottlieb, Nancy Liebman, Martin Shapiro and Jose Smith; City Attorney Murray H. Dubbin, City Manager Sergio Rodriguez and Assistant Director Harry Mavrogenes; Chief Deputy City Attorney Donald Papy, and ADA Coordinator Michel Magloire.

ACTION: Executive Session announced and held.


R10B Closed Executive Session.

Pursuant to Section 286.011, Florida Statutes, a Closed Executive Session will be held during lunch recess of the City Commission meeting on May 20, 1998 in the City Manager's large conference room, Fourth Floor, City Hall, to discuss the following:

Victor J. Labruzzo v City of Miami Beach, Eleventh Judicial Circuit, Appellate Division, Case No. 98-115AP

The following individuals will be in attendance: Mayor Neisen Kasdin; Members of the Commission: Simon Cruz, David Dermer, Susan Gottlieb, Nancy Liebman, Martin Shapiro and Jose Smith; City Attorney Murray H. Dubbin, City Manager Sergio Rodriguez, Assistant City Manager Janet Gavarrete; Director of Planning and Zoning Dean Grandin; Special Counsel Dan Paul and Rick Ovelmen; Deputy City Attorney Jean Olin, and First Assistant City Attorney Diana Frieser.

ACTION: Executive Session announced and held.


End of Regular Agenda


Reports and Informational Items

A Commission Memorandum No. 296-98

Collins Avenue Corridor (5th to 15th Street) Traffic Mitigation Plan.

(Public Works)

(Deferred from 5/6/98)

ACTION: Discussed with item C4A.


B Commission Memorandum No. 297-98

Alton Road Corridor (17th to 18th Street) Traffic Mitigation Plan.

(Public Works)

(Deferred from 5/6/98)

ACTION: Discussed with item C-4A.


C Commission Memorandum No.324-98

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

(Public Works)

ACTION: Written report submitted for information.


D Commission Memorandum No. 325-98

Status Report on the Progress of North Beach Construction.

(Public Works)

ACTION: Written report submitted for information.


E Commission Memorandum No. 326-98

Status Report on the LRI/ Finestra Movie Theater Project.

(Community/Economic Development)

ACTION: Written report submitted for information.


F Commission Memorandum No. 327-98

Public Hearings Before the May 26, 1998 Planning Board Meeting are as Follows: 1) The Applicant, Aixa L. Sampedro, Requests Conditional Use Approval in Order to Operate a Day Care Facility for a Maximum of Forty (40) Children in an Existing Single Family Residence at 1945 Normandy Drive (File #1338). (Note: this application was previously heard by the Board as File #1320 and as File #1333 and both times was denied without prejudice); 2) The Applicant, Shoreline Foundation, Inc., Requests a Modification of Conditional Use Approval (File # 1317 - Approved by the Planning Board September 23, 1997) in Order to Install a Boatlift on the Dock at 1100 Stillwater Drive, (File #1317a); 3) An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Comprehensive Zoning Ordinance No. 89-2665 by Amending Section 18, Entitled "Design Review Board, Section 18-2, Entitled "Design Review Procedures", by Correcting the Time Period for Filing an Appeal and Confirming Such Period Commences upon Rendition of an Order, by Modifying the Definition of "Affected Person" for Purposes of Filing an Appeal and by Clarifying That an Appeal must Be Filed on Behalf of a Named Appellant; Amending Section 19, Entitled "Historic Preservation Board and Historic District Regulations", by Correcting the Time Period for Filing an Appeal and Confirming Such Period Commences upon Rendition of an Order, by Modifying the List of Permitted Appellants, Inserting a Definition for "Affected Person" and Clarifying That an Appeal must Be Filed on Behalf of a Named Appellant; Providing for Inclusion in the Zoning Ordinance, Repealer, Severability and an Effective Date (File # 1339); 4) An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Comprehensive Zoning Ordinance No. 89-2665 by Amending Section 14, Entitled "Changes and Amendments, by Amending Subsection 14-7, Entitled "Proposed Zoning Ordinance Amendments -- Zoning-In-Progress Moratoria on Permits and Approvals," by Deleting Subsections 14-7(a), (B), and (D), Amending Subsections 14-7(c) to Provide for the Application of Equitable Estoppel to Certain Projects and to Provide for Review for Projects Which Are Not Presumed to Have Achieved Equitable Estoppel and by Deleting Section 14-8, Entitled "Proposed Comprehensive Plan Amendments-- Planning-In-Progress Moratoria on Permits and Approvals;" Providing for Inclusion in the Zoning Ordinance, Repealer, Severability and an Effective Date (File #1340); 5) An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Zoning Ordinance No. 89-2665, Amending Section 12 Entitled "Liquor Control Regulation" by Amending Subsection 12-1(c), Entitled "Hours of Sale" and Subsection 12-3 Entitled "Exemptions" by Limiting Sales of Beer and Wine for Off-Premises Consumption to the Hours of 8:00 a.m. Through 10:00 P.m. For All Vendors Licensed for Such Sales and Removing All Exemptions from Those Hours of Sale (File #1344); 6) Progress Report: Conditional Use Request in Order to Install Temporary Floating Docks in the Indian Creek Waterway between 4333 and 5001 Collins Avenue.

(Planning Department)

ACTION: Written report submitted for information.


G Commission Memorandum No. 328-98

Status Report on the Cultural Campus.

(City Manager's Office)

ACTION: Item separated. Not reached. Judy Hoanshelt to place on the June 3rd agenda.


H Commission Memorandum No. 329-98

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

(Office of Management and Budget)

ACTION: Written report submitted for information.


I Commission Memorandum No. 330-98

An Analysis of Performance Measurement Achievements for the Quarter Ended March 31, 1998, Within the Departments of Code Compliance, Fleet Management, and Risk Management.

(Office of Management and Budget)

ACTION: Written report submitted for information.


J Commission Memorandum No. 289-98

Report on Concession Agreement between City and Service America Corporation for Operation of the Concession at the Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts.

(Requested by Commissioner Susan Gottlieb)

(Deferred from 5/6/98)

ACTION: Written report submitted for information.


K Commission Memorandum No. 331-98

Report on the Visitors and Convention Authority Meeting of May 7, 1998.

ACTION: Written report submitted for information.



Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

May 20, 1998 - 10:00 a.m.


Chairman of the Board Neisen O. Kasdin

Member of the Board Simon Cruz

Member of the Board David Dermer

Member of the Board Susan F. Gottlieb

Member of the Board Nancy Liebman

Member of the Board Martin Shapiro

Member of the Board Jose Smith


Executive Director Sergio Rodriguez

Assistant Director Harry Mavrogenes

General Counsel Murray H. Dubbin

Secretary Robert E. Parcher

AGENDA

1. ROLL CALL

2. OLD BUSINESS

A. Redevelopment Agency Memo No. 98-16

A Resolution Approving an Amendment to Settlement Agreement between West Side Partners, Ltd. and the City of Miami Beach, et al. and Authorizing the Execution of Any Necessary Documents. Joint City Commission and Redevelopment Agency

(Deferred from 5/6/98)

ACTION: Heard in conjunction with item R7B. Resolution No. 292-98 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb; ballot vote: 7-0. See action R7B.

B. Discussion regarding a Reconsideration of the DRI Approval Ordinance relative to the Portofino Settlement Agreement. Joint City Commission and Redevelopment Agency 14)

(Requested by Commissioner Simon Cruz)

(Deferred from 5/6/98)

ACTION: Heard in conjunction with item R-9B.

3. NEW BUSINESS

A. Redevelopment Agency Memo No.

A Resolution Extending the Termination Date of the Escrow Agreement Dated as of October 21, 1997, as Amended, Between the Miami Beach Redevelopment Agency, the City, RDP Royal Palm Hotel Limited Partnership, and Bloom & Minsker, for an Additional Period of 73 days; and Providing an Effective Date. Joint City Commission and Redevelopment Agency.

ACTION: Heard in conjuction with item R7D. Resolution No. 293-98 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Smith; voice vote: 7-0.

End of Agenda

The Commission meeting was adjourned at 8:34 p.m.