City of Miami Beach

City Commission Meeting

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


June 3, 1998

CONSENT AGENDA


PA1 9:55 a.m/New Item, Proclamation/Save Miami Beach Charter Amendment. (Dermer)

PA2 9:00 a.m/New Item, Cert. of Apprec./Marcel Brown for Volunteer Svs.

PA3 9:00 a.m/New Item, Cert. of Apprec./Peter Fernandez for Assisting Police.


C2A Bid Award 23-97/99, Carbonless Paper, $13,390.32. 1

C2B W-Bid Award 26-97/98, Cellular Phone Srv & Equip., $60,000. 2


C4A Refer to Community Affairs Comm/Rename Garden Ctr. (Liebman) 7

C4B Refer to Comm. Affairs/Aids Mem., Mon.-J. Mas Canosa, Vietnam War Mem. 10

C4C Refer to Finance & Citywide Projects Comm/Retirement Sys. Gen. Emp. 18

C4D Refer to Planning Bd - Amendment to Zoning Ord. Sec. 18-2(E).(Dermer) A


C7A Include CMB in Phase II of East-West Multimodal Corridor Project. 21

C7B Accept Rank/Neg. w/BellSouth to Provide 911 Phone System. 35

C7C S-Issue Certificate of Consistency to Operate Program/North Beach. 45

C7D Amend Agmt w/URG for A/E Srvs for Venetian Cswy Master Plan. 50

C7E Call P. Hrg., Vacate/Abandon N. Portion of Lincoln Rd. to DiLido Hotel. 56


R5A 10:15 a.m., 2nd Rdg Open&Continue, Parking Lot; Exemptions; Valet Pkg. 59

R5B 10:30 a.m., 2nd Rdg, Property Maintenance Standards. (Liebman/Shapiro) 80

R5C New City Code, 1st Rdg. 90


R6A 11:30 a.m., Report: 3/26/98 Mtg - Finance and Citywide Projects Comm. 95

R6B Report: 5/16/98 Mtg of the Finance and Citywide Projects Comm. 99

R6C Report: 5/28/98 Mtg of the Finance and Citywide Projects Comm. 101


R7A 2:00 p.m., Reallocate Funds/Renovations/Garden Center Improvements. 103

R7B 9:45 a.m., Booking Policy Clarifying First Priority Events. 108

R7C 11:00 a.m., MB Cultural Arts Council Master Plan/Budget. 112

R7D 2:30 p.m., Accept Ranking/Cultural Arts Campus Master Plan. 137

R7E 9:45 a.m., Accept Recomm. of CCAB/Approve Uses for Balance of CBC Fund. 146

R7F 11:15 a.m., Voter Approval Prior to FAR of Waterfront Property. 151

R7G 10:00 a.m. Joint, Amend Agmt w/FDOT&Approp. $359,808/Collins Ave. Proj. 156

R7H 10:00 a.m. Joint, Amend Tishman Hotel Agmt re: Royal Palm Crowne Plaza. 163


R8A Creation of Special Assessment District in South Pointe. 171


R9A Board & Committee Appointments. 181

R9B1 1:30 p.m., Dr. Stanley Sutnick Citizens' Forum 226

R9B2 5:30 p.m., Dr. Stanley Sutnick Citizens' Forum 226

R9C Verbal Report: Wash. D.C. Trip by Vice-Mayor Dermer & Bruce Henderson. 227

R9D 9:30 a.m., Bunny Patchen/Airport Noise Abatement Task Force.(Kasdin) 228

R9E 4:30 p.m., Judge Esquiroz' Ruling/Olivieri & Martinez.(Dermer) 258

R9F 2:00 p.m., Verbal Report:Strategic Plan of Garden Ctr.(Liebman/Kasdin) 260

R9G 2:15 p.m., Rpt on Residential Pkg/1600 Block of Lincoln Court.(Shapiro) 271

R9H Disc. re: Towing of Vehicles/Immobilization of Vehicles Ord. (Liebman) 278

R9I 4:30 p.m., Disc. re: Repealing Equitable Estoppel Ord. (Shapiro) 286

R9J Disc. re: Existing Use of City Owned Property 87th & Collins.(Smith) 288

R9K Disc. re: Possible Availability of Dade Co. Rd Impact Fee Funds.(Smith) 289

R9L 10:45 a.m., Verbal Report on State Legislature by Gary Rutledge. 290


R10A Noon Break, Executive Session re: Olivieri & Martinez vs. CMB. 291

R10B Noon Break, Executive Session re: Pending Litigation. 292


REPORTS AND INFORMATIONAL ITEMS

A Status Report on the Cultural Campus. 293

B Parking Status Report. 297

C City Attorney's Status Report. 307

D Status Update on the Venetian Cswy East Bascule Bridge. 311

E Status Report on Breakwaters/Beach Erosion Project. (Dermer) 318

REDEVELOPMENT AGENCY ITEMS - 10:00 A.M.

2A Status on Loews Hotel; Anchor Shops; Royal Palm Crowne Plaza Hotel. 1

2B D-Status on 16th St. City Garage, Royal Palm Crown Plaza Hotel.(Gottlieb) 4

3A Joint, Amend Tishman Agmt. 5

3B Joint, Amend Agmt w/FDOT & Approp. $359,808/Collins Ave. Project. 13

Call to Order - 9:00 a.m.

Inspirational Message and Pledge of Allegiance

Requests for Additions, Withdrawals, and Deferrals

PROCLAMATIONS AND PRESENTATIONS: ADD-ON ITEMS:

Add-on: Proclamation presented: Save Miami Beach Charter Amendment Day.

Add-on: A Certificate of Appreciation was presented to Marcel Brown for her volunteer service.

Add-on: A Certificate of Appreciation was presented to Peter Fernandez for assisting The Police Department.


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. 332-98

Request for Approval to Award a One-Year Contract to Mac Papers, Inc. in the Estimated Annual Amount of $13,390.32, Pursuant to Bid No. 23-97/99 for Providing Carbonless Paper, with an Option for One Additional Year. Funding: Central Services Budget Account.

Administration Recommendation: Authorize the award.

(Central Services)

ACTION: Award authorized. Judy Ford to process the contract. R. Parcher to handle.


C2B Commission Memorandum No. 333-98

Request for Approval to Award a Standing Order Pursuant to Invitation to Bid No. 26-97/98 to PrimeCo Personal Communications in the Amount of $60,000 for Cellular Phone Service and Equipment. Funding: Information Technology Internal Services Fund.

Administration Recommendation: Authorize the award.

(Information Technology)

ACTION: Withdrawn.


C4 - Commission Committee Assignments

C4A Commission Memorandum No. 334-98

Referral to the Community Affairs Committee - Request to Change the Name of the Miami Beach Garden Center and Conservatory.

Administration Recommendation: Refer the matter.

(Requested by Commissioner Nancy Liebman)

ACTION: Referred. Judy Hoanshelt to place on the committee agenda.


C4B Commission Memorandum No. 335-98

Referral to the Community Affairs Committee - Requests for: 1) An Aids Memorial; 2) A Monument in Honor of Jorge Mas Canosa; and, 3) A Vietnam War Memorial.

Administration Recommendation: Refer the matter.

(City Manager's Office)

ACTION: Referred. Judy Hoanshelt to place on the committee agenda.


C4C Commission Memorandum No. 336-98

Referral to the Finance and Citywide Committee to Discuss and Recommend Retirement System for General Employees - Request for Cost of Living Increases for Pre-October 1, 1991 Retirees.

Administration Recommendation: Refer the matter.

(Finance Department)

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


Addendum Item:

C4D Referral to the Planning Board - Consideration of an Amendment to Section 18-2 (E) of the Zoning Ordinance.

Administration Recommendation: Refer the matter.

(Requested by Vice-Mayor David Dermer)

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


C7 - Resolutions

C7A Commission Memorandum No. 337-98

A Resolution Expressing to the Florida Department of Transportation (FDOT) and the Metropolitan Planning Organization (MPO) the City's Interest and Desire to Be Made Part of a Future Phase II of the East-West Multimodal Corridor Project; and, as an Interim Solution, Requesting that the Miami-Dade Transit Agency (MDTA) Work with the City to Enhance the Express Bus Service From Miami Beach to the Government Center Metrorail/Metromover Station, Including Full Wheelchair Accessibility, in Order to Serve the Present Needs of All Miami Beach Commuters.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Item deferred at the request of Commissioner Liebman. Judy Hoanshelt to place on the June 17, 1998 agenda.


C7B Commission Memorandum No. 338-98

A Resolution Accepting the Ranking of Responses Received and Authorizing the Administration to Enter into Negotiations for a Contract With the Number-One Ranked Proposer, BellSouth, Pursuant to Request For Proposals (RFP) No. 141-96/97 for Providing a 911 Phone System; and Authorizing the Administration to Negotiate With the Second Ranked Firm, Shared Technologies Fairchild, if the Administration is Not Able to Successfully Negotiate a Contract with BellSouth.

Administration Recommendation: Adopt the Resolution.

(Information Technology)

ACTION: Resolution No. 98-22754. Phyllis Koch to negotiate contract.


C7C Commission Memorandum No. 339-98

A Resolution Authorizing the Issuance of a Certification of Consistency with the City's Consolidated Plan to the Housing Authority of the City of Miami Beach to Operate a Program to Enhance the Quality of Life in North Beach in Collaboration with the Miami Beach Police Department, the Office of the State Attorney and the Owners of Six (6) Residential Buildings, Providing Increased Police Protection, Vigorous Prosecution of Criminals, and Physical Improvements to the Buildings for Improved Security.

Administration Recommendation: Adopt the Resolution.

(Community/Economic Development)

ACTION: Separated for discussion. Commissioner Liebman requested that a budget be prepared and presented to the Commission. Resolution No. 98-22755 adopted. Motion was made by Commissioner Liebman; seconded by Commissioner Smith; Voice vote: 7-0. City Manager is authorized to sign the Certification of Consistency. Harry Mavrogenes to handle.


C7D Commission Memorandum No. 340-98

A Resolution Approving and Authorizing the Mayor and City Clerk to Execute the First Amendment to the Agreement Between the City of Miami Beach and Urban Resource Group (URG) for Architectural/Engineering Services for the Venetian Causeway Master Plan, in an Amount Not to Exceed $130,000, for Land Surveying Services; and Authorizing an Increase in the Appropriation to Work Order 2127 From the Water and Sewer Enterprise Fund.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 98-22756 adopted. Judy Ford to process the first amendment to the agreement. Julio Grave de Peralta to handle.


C7E Commission Memorandum No. 341-98

A Resolution Calling a Public Hearing on June 17, 1998 at 11:00 a.m. to Consider the Vacation and Abandonment of the North Portion of Lincoln Road, East of Collins Avenue, to DiLido Beach Hotel Corporation, in Return for a Lincoln Road Access Easement in Favor of the City, and Certain Lincoln Road Improvements to be Provided Pursuant to that Certain Development Agreement between the City and the DiLido Beach Hotel Corporation.

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Resolution No. 98-22757 adopted as amended to read as follows: "Now, therefore...the City Clerk Greenberg Traurig, as attorneys for Di Lido Beach Hotel Corp...".

City Attorney's Office to correct the resolution. Public hearing scheduled for June 17, 1998 at 11:00 A. M.

Clerk's Note: The noticing of the public hearing falls within the jurisdiction of Vacation and Easement Procedures and Ordinance No. 92-2783. Per Ordinance No. 92-2783, granting of the vacation will require a 5/7ths vote.


End of Consent Agenda


REGULAR AGENDA

R5 - Ordinances

R5A Commission Memorandum No. 342-98

An Ordinance Amending Miami Beach City Code Chapter 20, Entitled "Business Licenses", Amending Section 20-32, Entitled "Parking Lot; Exemptions; Valet Parking" by Providing for New Insurance Requirements; Providing for the Identification and Proof of Sufficient Vehicle Storage Space; Providing for the Requirement of Providing a Copy of the Business License for the Storage Space; Providing for the Identification of the Stored Vehicle Through a Ticket Stub; Providing for Revisions to the Public On-Street/Curbside Parking Space Rental Rates; Providing for Revisions to the Violations Fine Schedule; Providing for an Employee/Valet Operator Code of Conduct; and Providing for a Repealer, Severability, and an Effective Date. 10:15 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Open and Continue to July 1, 1998.

(Parking Department)

(First Reading 5/6/98)

ACTION: Public hearing opened and continued to July 1st at 10:15 a.m. Motion made by Commissioner Liebman and seconded by Commissioner Cruz; voice vote: 7-0.


R5B Commission Memorandum No. 343-98

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 Owner and Occupants" to Provide for Additional Responsibilities of Owners and Landlords of Dwellings with Regard to 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". 10:30 a.m. Public Hearing, Second and Final Reading

Administration Recommendation: Adopt the Ordinance.

(Requested by Commissioner Nancy Liebman and Commissioner Martin Shapiro)

(First Reading 5/6/98)

ACTION: Public hearing held. Discussion held. Ordinance No. 98-3110 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Shapiro; ballot vote: 7-0. Al Childress to handle.

City Clerk's note: Newly elected Miami-Dade County Commissioner Bruno Barreiro, District 5, was recognized and congratulated by the Mayor and members of the City Commission.


R5C Commission Memorandum No. 344-98

An Ordinance Adopting and Enacting a New Code for the City of Miami Beach, Florida; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall Become Effective. First Reading

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

(City Clerk's Office)

ACTION: Ordinance approved on first reading. Motion made by Commissioner Liebman; seconded by Commissioner Smith; ballot vote: 7-0. Second reading and public hearing scheduled for June 17th at 11:15 a.m. R. Parcher to publish notice.


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 5/20/98)

ACTION: Motion made by Commissioner Cruz; seconded by Commissioner Gottlieb to approve the report as submitted. Vote:7-0.


R6B Commission Memorandum No. 345-98

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.

(Deferred from 5/20/98)

ACTION: Not reached. Judy Hoanshelt to place on the June 17, 1998 agenda.


R6C Verbal Report on the Finance and Citywide Projects Committee Meeting Held on May 28, 1998 regarding the Following: 1) Report on the Bass Museum Expansion and Renovation Project; 2) Status Report on Pending Sanitation Financial Issues; 3) Sprinkler Loan Program; 4) City Center RDA; Proposed RDA - City Center Bond Issue; Tishman Contract; 5) Discussion regarding the Repayment to the City of the $500,000 Loan to the Wolfsonian or Acquisition of the Miami Beach Woman's Club Property; and, 6) South Pointe Parcels.

ACTION: Not reached. Judy Hoanshelt to place on the June 17, 1998 agenda.


R7 - Resolutions

R7A Commission Memorandum No. 346-98 A Resolution Reallocating Unexpended Funds, in the Amount of $52,712, Within Phase One of the Renovations for the Garden Center Improvements, for the Replacement of Roofs on the Garden Center Buildings and Related Asbestos Abatement, and Other Improvements Deemed Appropriate by the Administration, in Conjunction with the Mayor's Ad Hoc Garden and Conservatory Committee.

Administration Recommendation: Adopt the Resolution.

(Recreation, Culture and Parks)

(Hear in Conjunction with R9F)

ACTION: Resolution No. 98-22758 adopted. Motion made by Commissioner Liebman; seconded by Commissioner Gottlieb; voice vote: 7-0. Kevin Smith and Brad Judd to handle.

City Clerk's note: Mercy, change title of resolution from $52,512 to $52,712. Change Therefore clause from $52,512 to $52,712.


R7B Commission Memorandum No. 347-98 A Resolution Approving an Amendment to the Booking Policies for the Miami Beach Convention Center Clarifying First Priority Events.

Administration Recommendation: Adopt the Resolution.

(Convention Center)

ACTION: Discussion held. Resolution No. 98- 22759 adopted amending the Booking Policy in Section IV. DEFINITION OF TERMINOLOGY to read as follows: "Long standing show is defined as one which has a minimum of 20 consecutive year's usage in MBCC under the same ownership . .". Motion made by Commissioner Gottlieb; seconded by Commissioner Smith; vote: 7-0.

The Administration Requested to do an efficiency and rate study of the Miami Beach Convention Center. Mayra Diaz Buttacavoli to handle.

Doug Tober stated that a rate survey will be presented at the regular June meeting of the Convention Center Advisory Board (CCAB).


R7C Commission Memorandum No. 348-98

A Resolution Approving the Miami Beach Cultural Arts Council Master Plan and Appropriating the Council's Budget for Required Staffing and Expenses of the Council for Fiscal Year 1997/1998.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Resolution No. 98-22760 adopted as amended. Motion made by Commissioner Cruz; seconded by Commissioner Liebman approving the Master Plan and appropriating the Council's Budget. The Commission was not satisfied with the issues of the endowment and staffing and requested the Council revisited these issues, work out a solution, and report back to the Commission in January. Ronnie Singer and Legal to modify the resolution to reflect the Commission action.

Commissioner Gottlieb asked the City Attorney to determine if a city employee can be hired with a lower salary but receive bonuses based on grants received or monies collected.


R7D Commission Memorandum No. 349-98

A Resolution Accepting the Recommendations of the City Manager Pertaining to the Ranking of the Proposals Received in Response to the Design Competition Phase Delineated in Request for Letters of Interest No. 2-97/98 for Architectural/Engineering Services to Develop Design and Construction Documents for a Regional Library, a 400-Space Parking Facility with Ground-Floor Retail, and Park and Streetscape Improvements, to Be Comprised in a Cultural Arts Campus in the Vicinity of the Bass Museum and Including Collins Park; and Authorizing the City Administration to Enter into Negotiations with the Top-Ranked Firm of Mateu, Carreno, Rizo and Partners/Hardy Holzman Pfeiffer Associates to Develop Design and Construction Documents for the Proposed Facilities and Authorizing the Administration to Negotiate with the Second Ranked Firm of Robert A.M. Stern Architects/Borelli and Associates, Should the Administration Not be Able to Successfully Negotiate a Contract with the Top-Ranked Firm.

Administration Recommendation: Adopt the Resolution.

(City Manager's Office)

ACTION: Video tapes of the four finalists presentations were replayed. Presentations were made by the four finalists. Discussion held. The recommendation of the Administration was not adopted. Motion was made by Commissioner Gottlieb confirming the selection committees recommendation of Robert A.M. Stern Architects/Borrelli and Associates'; seconded by Commissioner Liebman; vote: 7-0. Resolution No. 98-22761 adopted confirming Robert A.M. Stern Architects/Borrelli and Associates'.. Mayra Diaz Buttacavoli to handle.

Commissioner Gottlieb requested to review the feasibility of eliminating the Chevron property and reconfiguration of the design to reduce costs.

Handouts:

1. L.T.C. No. 74-1998 from Sergio Rodriguez, City Manager to Mayor Kasdin and Members of the City Commission, RE: Design competition for regional library, 400 space parking facility with ground floor retail, park and streetscape improvements to be comprised in a cultural arts campus in the vicinity of the Bass Museum and including Collins Park.

2. Project Cost Evaluation Matrix for proposals Received in connection with the request for letters of interest (RFLI).

3. Statement from Beth Dunlop, selection committee member.


R7E Commission Memorandum No. 350-98

A Resolution Accepting the Recommendations of the Convention Center Advisory Board (CCAB) and Approving the Uses for the Balance of the Community Benefit Committee Fund, Currently Under the Oversight of the Board.

Administration Recommendation: Adopt the Resolution.

(Convention Center)

ACTION: Resolution No. 98-22762 adopted. Motion made by Commissioner Smith; seconded by Commissioner Gottlieb; voice vote: 7-0. Mayra Diaz Buttacavoli to handle.


R7F Commission Memorandum No. 351-98

A Resolution Adopting a Policy Interpreting the Charter Amendment Requiring Voter Approval Prior to an Increase in Floor Area Ratio (FAR) of Property Adjacent to the Waterfront as Described in Said Amendment (With an Effective Date of June 4, 1997).

Administration Recommendation: Adopt the Resolution.

(Planning Department)

ACTION: Resolution No. 98-22763 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Liebman; voice vote: 5-2; opposed Vice- Mayor Dermer and Commissioner Shapiro. Dean Grandin to handle.


R7G Commission Memorandum No. 352-98

A Resolution Authorizing the Mayor and City Clerk to Execute an Amended Reimbursement Agreement With the Florida Department of Transportation (FDOT) and Appropriating $359,808 for the Collins Avenue Reconstruction Project from the Miami Beach Redevelopment Agency Series 1996 B Bonds. Joint City Commission and Redevelopment Agency

Administration Recommendation: Adopt the Resolution.

(Public Works)

ACTION: Joint Commission/RDA(3B) meeting held. Resolution No. 98-22764 adopted. Motion to execute an amended reimbursement agreement made by Commissioner Liebman; seconded by Commissioner Cruz; vote: 5-0; absent Commissioners Smith and Gottlieb. Harry Mavrogenes to handle.

City Clerk's Note: Commissioner Shapiro thought that because this is in a historic district that it needs to be reviewed by the Historic Preservation. At the Sept 10, 1997, Commission Meeting, item C4D, Commission Memorandum No. 554-97, Review of Public Works Projects within Historic Districts by the Historic Preservation Board, was referred to the Planning Board. No further Commission action has occurred.


R7H Commission Memorandum No. 353-98

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: See Commission action item RDA(3A)

Motion was made by Vice-Mayor Dermer to defer the item pending receipt of the engineering and structural reports; seconded by Commissioner Cruz. Voice vote: 7-0.


R8 - Old Business

R8A 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 5/20/98)

ACTION: Not reached. Judy Hoanshelt to place on a future agenda.


R9 - New Business and Commission Requests

R9A Commission Memorandum No. 354-98

Board and Committee Appointments for the Meeting of June 3, 1998.

(City Clerk's Office)

ACTION: Not reached. Judy Hoanshelt to place on the June 17, 1998 agenda.


R9B(1) Dr. Stanley Sutnick Citizens' Forum. (1:30 p.m.)

ACTION: The following citizens were heard: 1) Ray Wall expressed concerns: talked about reaching the State Attorneys Office at 547-0100. 2) Gertrude Miller expressed concerns regarding: a) The Park Plaza Condominium area there are lots of trees, instead they should plant flowers and build it up to make it look nice. b) The Lincoln Road side walk near the tabacco store and the coffee stand is a disgrace. C) the bus stop near the Miami Subs is very dirty. 3. Jo Asmundsson noted: a) she learned so much by attending meetings in this city and complemented the City Commissions, they have wonderful plans. Expressed the need for an urban planner to determine the direction of Lincoln Road. 4) Mike Thompson expressed concerns regarding: a) Passed out letter to commissioners, stated that 41st Street could look nicer. Informed that CDAC has accumulated $132,210 dollars for four (4) years. $263,850 was awarded by CDAC to the north beach area. Some of that money can be applied to the Marseille Drive and 71st Street area for fixing and making it a better neighborhood to live in. Marseille Drive is a ghetto, bad tenants, drugs, slumlords who don't care. Stated that prior to developing successful commercial districts, you should develop successful customers. There is a total of $395,860 to improve the area, but is not assigned to any streets, assign it to the streets pictured in the handout. 5) Bea Kalstein: a) disturbed at things that surfaced at the last meeting. With budget and tax time approaching, people in private lives watch how they apply or spend their money and government should do the same. b) the streets are in total disrepair and this is where the monies should be going to fix streets, expenditures should correct things in this city, instead of private groups, sports, and arts. c) she was shock to have read in the newspaper, that the city was $13Millions in the hole. It is disgraceful that the City Commission continues to give money to neighborhood groups. 6) Henry Kay: a) Ask the City Manager to note that on 59-63rd and Collins Avenue the street lights have not been working for a year. b) discussion of sprinklers and smoke detectors. 7) Dave Kelsey, speaking for the South Beach Hotel and Restaurant Association, addressed the Commission regarding the current Interlocal Agreement with the Greater Miami Visitor and Convention Authority and suggested that amendments to the agreement be made now. Mr. Kelsey informed the Commission that approximately 2/3 of the City's Resort Tax money is generated by South Beach and expressed dissatisfaction with the use of money as provided for by the Agreement. Mr. Kelsey expressed concern about the possible impact the new Loews and African/American Hotels would have on the hotel business in the South Beach area. He informed the Commission that he does have a proposal which would address the funding for year-round tourism, the needs of the tourist community, the needs of the South Beach business community while preserving the tax benefits to the City. Mayor Kasdin informed Mr. Kelsey that the July 1st termination date of the agreement would probably be extended and requested that Mr. Kelsey present his proposal as soon as possible.

Handouts:

1. (Mr. Kay)Commission memorandum 359-96 dated June 19, 1996, from Jose Garcia-Pedrosa, City Manager, RE: Adopt the 1991 edition (specifically the section requiring the installation of sprinklers systems) of the National Fire Protection Association Life Safety Code as to all buildings and structures.

2. (Mr. Thompson) Booklet with photos - "After 60 years, Normandy Island needs new streets, Please do Marseille Drive, Money available today".


R9B(2) Dr. Stanley Sutnick Citizens' Forum. (5:30 p.m.)

ACTION: Not reached.


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 5/20/98)

ACTION: Not reached. Judy Hoanshelt to place on the June 17, 1998 agenda.


R9D Report from Bunny Patchen regarding a Meeting of the Miami-Dade County Airport Noise Abatement Task Force.

(Requested by Mayor Neisen Kasdin)

(Deferred from 5/20/98)

ACTION: Verbal report presented by Ms. Patchen. Mayor Kasdin thanked Ms. Patchen for her efforts and stated that the Commission will continue to support her efforts. Commissioner Gottlieb asked Ms. Patchen to monitor the Greater Miami Convention and Visitors Bureau's Watson Island location, if approved, in terms of helicopter take-offs and landing, traffic patterns, and aircraft noise.


R9E Discussion regarding an Appeal of Judge Esquiroz's ruling on the Olivieri and Martinez vs. City of Miami Beach.

(Requested by Commissioner David Dermer)

(Deferred from 5/20/98)

ACTION: Motion made by Commissioner Cruz not to appeal Judge Esquiroz's ruling; seconded by Commissioner Liebman. Commissioner Cruz withdrew his motion to eliminate the double negative. Vice-Mayor Dermer made a motion to appeal Judge Esquiroz's ruling; seconded by Commissioner Shapiro; voice vote: 2-5 (in favor: Vice-Mayor Dermer and Commissioner Shapiro; opposed: Mayor Kasdin and Commissioners Cruz, Gottlieb, Liebman and Smith. Motion to appeal failed.


R9F Verbal Report by the Mayor's Miami Beach Garden Ad Hoc Committee and the Miami Beach Conservancy Group regarding the Progress of the Garden Center and the Strategic.

(Requested by Commissioner Nancy Liebman and Mayor Neisen Kasdin)

(Hear in Conjunction with R7A)

ACTION: Report given with item R7A.


R9G Report on Residential Parking on the 1600 Block of Lincoln Court.

(Requested by Commissioner Martin Shapiro)

ACTION: Commissioner Shapiro asked why, after 35 years, parking on the street of Lincoln Court is a problem. Asst. Parking Director Saul Francis gave a slide presentation to the Commission on the parking problems in the area and explained what methods are under consideration in keeping with State and Local laws to provide additional parking in the area. Fire Chief Luis Garcia addressed the Commission on the issue of public safety in the area. Discussion continued. The City Attorney requested that the item be deferred pending further research by the Legal Department. Parking Department and the Legal Department to meet. Jackie Gonzalez to handle.


R9H Discussion regarding an Ordinance Amending Article XI, Entitled "Towing of Vehicles" of Miami Beach City Code Chapter 44, Entitled "Vehicles and Traffic" to Include Immobilization of Vehicles.

(Requested by Commissioner Nancy Liebman)

ACTION: Commissioner Liebman requested this item be deferred and brought back at the next commission meeting as a first reading ordinance. Harry Mavrogenes to review. Judy Hoanshelt to place on the June 17, 1998 agenda.


R9I Discussion on Repealing Equitable Estoppel Ordinance Adopted on April 15, 1998.

(Requested by Commissioner Martin Shapiro)

ACTION: Presented by Commissioner Shapiro who requested the City Attorney prepare the legislation necessary to repeal the equitable estoppel legislation. City Attorney to handle. Judy Hoanshelt to place on the June 17, 1998 agenda.


R9J Discussion regarding the Existing Use of City Owned Property at 87th and Collins (the former Florida Highway Patrol Property).

(Requested by Commissioner Jose Smith)

ACTION: Not reached. Judy Hoanshelt to place on the June 17, 1998 agenda.


R9K Discussion regarding the Possible Availability of Dade County Road Impact Fee Funds for Road Improvements to Dade Boulevard.

(Requested by Commissioner Jose Smith)

ACTION: Not reached. Judy Hoanshelt to place on the June 17, 1998 agenda.


R9L Verbal Report on the State Legislature by Gary Rutledge.

ACTION: State Representative Elaine Bloom addressed the Commission on the results of the City's lobbyists: 1) beach nourishment process and a current appropriation of $250,000 in this year's budget for a underwater system (concrete tetrahedrums/artificial reef?) to stop further erosion of the beaches and that legislation was passed for a dedicated source of revenue coming from the excess in the Documentary Stamp Tax Fund for beach renourishment; 2) lobby the Senate next year to approve intergovernmental police electronic database for facilitating the pawnbroker process; 3) no detrimental legislation was passed affecting talent agency industry; 4) one bill that did not pass was the corporate tax credit for historic preservation activities; 5) Log Cabin funding is assured; 6) municipal pension bill passed with no direct effect for the City; 7) the election reform bill and the issue of absentee ballots; 8) TORT reform bill involving many different issues as one package; next year issue will be dealt with on a piece meal basis.

Fausto Gomez reported on the following: 1) undergrounding of utilities. The University of South Florida will be conducting a study on evaluating the benefits of utility conversion and the study will be based on Davis Island and the City of Miami Beach; $40,000 was secured from the Dept of Community Affairs to begin that study and that will be matched with $135,000 by the University of South Florida; 2) a total of $1.3 million was secured for the city and for organizations associated with the city. Of this amount, approximately $400,000 was vetoed by the Governor which included the planning for the fire station of north beach, the emergency rescue vehicle and also the fire vehicle for north beach. The delegation was able to secure direct funding in the amount of approximately $1.3 million; 3) in the area of beach renourishment, there are two broader pots that the city can draw upon; one which Elaine already talked about the dedicated funding source for beach renourishment that is $10 million a year for next 3 years bringing it up to a $30 m annual allocation in fiscal year 2000-2001. In order to get that, however, the team and all coastal communities will need to lobby next year to bring in $20 million of general revenue into that specific pot; 4) the failure of passing an Entertainment Industry Growth Bill; and 5) funding for the City's purchase of property in South Beach and that funding for this was capped at $50,000 by the State.

Mayor Kasdin thanked the team for their lobbying efforts on behalf of the City and requested that the team focus for next session on how to achieve better success for the City's interests and perhaps including some of the Commissioners in the lobbying process and to look at the areas where success would be greater for the team and to point those areas out to the Commission for direction. Representative Bloom informed the Commission that she was able to acquire funding in the amount of $500,000 for the Bass Museum. The lobbying process for next session should begin now.


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 in the City Manager's Large Conference Room, Fourth Floor, City Hall, to discuss the following:

Riccardo Olivieri and Francisco Martinez vs The City of Miami Beach, a Florida municipal corporation, it's employees, agents and assigns. Eleventh Judicial Circuit, General Jurisdiction, Case No. 98-08215 CA10.

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 Harry Mavrogenes, 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: Motion by Vice-Mayor Dermer to eliminate the executive session dealing with Riccardo Oivieri and Francisco Martinez; seconded by Commissioner Shapiro; ballot vote: 3-4 (in favor: Mayor Kasdin, Vice-Mayor Dermer and Commissioner Shapiro; opposed: Commissioners Cruz, Liebman, Smith and Gottlieb. Motion failed. Executive Session announced and held.


R10B Closed Executive Session.

Pursuant to Section 286.011, Florida Statutes, a Closed Executive Joint Session of the City Commission and Redevelopment Agency will be held during the lunch recess in the City Manager's Large Conference Room, Fourth Floor, City Hall to discuss issues pertaining to the following pending litigation:

American Riviera Real Estate Company and Ronald Bloomberg vs The City of Miami Beach a Florida municipal corporation, its employees, agents and assigns. Eleventh Judicial Circuit, General Jurisdiction, Case No. 98-09809 CA09.

Miami Beach Redevelopment Agency vs Carl S. Ablon and Loretta Jeanne Ablon, his wife, et al. Eleventh Judicial Circuit, General Jurisdiction Division, Case No. 98-1049 CA06.

Miami Beach Redevelopment Agency vs Barbara J. McMahon Trust, U/A/D February 27, 1997, et al. Eleventh Judicial Circuit, General Jurisdiction Division, Case No. 98-05231 CA23.

The following individuals will be in attendance for the discussion of these item: Mayor and Chairman Neisen Kasdin; Members of the Commission and Members of the Board of the Redevelopment Agency: Simon Cruz, David Dermer, Susan Gottlieb, Nancy Liebman, Martin Shapiro and Jose Smith; City Attorney and General Counsel Murray H. Dubbin, City Manager and Executive Director Sergio Rodriguez, Assistant City Manager and Assistant Director Harry Mavrogenes, Redevelopment Coordinator Marla Dumas, Deputy City Attorney Robert Dixon, and Special Counsel Thomas Goldstein, Esq.

ACTION: Executive Session announced and held.


End of Regular Agenda


Reports and Informational Items

A Commission Memorandum No. 328-98

Status Report on the Cultural Campus.

(City Manager's Office)

(Deferred from 5/20/98)

ACTION: Written report submitted.


B Commission Memorandum No. 355-98

Parking Status Report.

(Parking Department)

ACTION: Written report submitted.


C City Attorney Commission Memorandum No. 356-98

City Attorney's Status Report.

(City Attorney's Office)

ACTION: Written report submitted.


D Commission Memorandum No. 357-98

Status Update on the Venetian Causeway East Bascule Bridge.

(Public Works)

ACTION: Written report submitted.


E Status Report on the City's Beach Erosion Control Breakwater Reef Project.

(Requested by Vice-Mayor David Dermer)

(Deferred from 5/20/98)

ACTION: Written report submitted.


Miami Beach Redevelopment Agency

Commission Chambers, 3rd Floor, City Hall

1700 Convention Center Drive

June 3, 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

Assistant Director Mayra Diaz Buttacavoli

General Counsel Murray H. Dubbin

Secretary Robert E. Parcher


AGENDA

1. ROLL CALL

2. OLD BUSINESS

A. Redevelopment Agency Memo No. 98-18

Status Report on the Loews Miami Beach Hotel; the Anchor Shops at South Beach and Parking (16th Street Parking Garage); and the RDP Royal Palm Crowne Plaza Resort Hotel.

ACTION: Deferred. Harry Mavrogenes to handle. Judy Hoanshelt to place on the June 17, 1998 agenda.


B. Status Report on the following: 1) City Garage at 16th Street; and, 2) Remaining Documents to be Executed for the Royal Palm Crown Plaza Hotel.

(Requested by Commissioner Susan Gottlieb)

ACTION: Deferred. Harry Mavrogenes to handle. Judy Hoanshelt to place on the June 17, 1998 agenda.


3. NEW BUSINESS

A. Redevelopment Agency Memo No. 98-19

A Resolution 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: Joint RDA/Commission meeting(R7H) held. Motion was made by Vice-Mayor Dermer to defer the item pending receipt of the engineering and structural reports; seconded by Commissioner Cruz. Voice vote: 7-0.

During discussion of the item, Commissioner Smith raised concerns regarding: 1) The scope of professional liability of the contract; 2) Who is the responsible party for any negligence of building design; 3) who is responsible for construction/inspector supervision; 4) What is the extent of Tishman's responsibility and liability. How is the City protected?; 5) As the City's representative, Tishman's scope of responsibility and liability needs to be broader than just reviewing documents; and 6) Tishman needs to ensure that the work is being carried out in accordance with the design plans and specifications, and that good construction practices are followed. If Tishman is negligent in performing it role, than Tishman needs to be held accountable. Commissioner Smith recommended that the contract be reviewed to see what provisions it has with respect to professional liability. Harry Mavrogenes and Larry Levy to handle.

Commissioner Gottlieb requested to see a copy of the contract with Tishman.


B. Redevelopment Agency Memo No. 98-20

A Resolution Authorizing the Execution of the Amended Reimbursement Agreement With the Florida Department of Transportation (FDOT) and Appropriating $359,808 for the Collins Avenue Reconstruction Project from the Miami Beach Redevelopment Agency Series 1996 B Bonds. Joint City Commission and Redevelopment Agency

ACTION: Joint RDA/Commission meeting (R7G). Discussion held. Resolution No. 294-98 adopted. Motion to execute an amended reimbursement agreement made by Commissioner Liebman; seconded by Commissioner Cruz; vote: 5-0; absent Commissioners Smith and Gottlieb.

See Clerk's note listed under R7G.


End of Agenda

The Commission meeting was adjourned at 10:33 p.m.