REGULAR11-8-2000City of Miami Beach - City Commission Meeting
Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
November 8, 2000
Mayor Neisen 0. Kasdin
Vice-Mayor Simon Cruz
Commissioner Matti Herrera Bower
Commissioner David Dermer
Commissioner Luis R. Garcia, Jr.
Commissioner Nancy Liebman
Commissioner Jose Smith
City Manager Jorge M. Gonzalez
City Attorney Murray H. Dubbin
City Clerk Robert E. Parcher
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the registration of
all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board
or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists
laws are available in the City Clerk's office. Questions regarding the provisions of the Ordinance should be directed
to the Office of the City Attorney.
REGULAR AGENDA
R2 - Competitive Bid Reports
R2A Commission Memorandum No. 839-00 (Page 166)
A Resolution Authorizing the Appropriation of Funds from the $92 Million General Obligation (G.0.)
Bond Series 2000, Fund Number 378, and Approving the Issuance of a Purchase Order to Pierce
Manufacturing, Inc., in the Amount of $1,408,092, for the Purchase of Two (2) Pierce Model 2001 100'
Aerial Platform on Dash 2000 Chassis (Fire Trucks), Pursuant to Lake County Contract No. 99-150.
(Fire Department)
R5 - Ordinances
R5A Commission Memorandum No. 840-00 (Page 174)
An Ordinance Amending Miami Beach City Code Chapter 2, Entitled "Administration", by Amending
Article III Thereof, Entitled "Agencies, Boards, and Committees", by Amending Division 6, Entitled
"Cultural Arts Council", by Amending Subsection 2-55(c), Entitled "Appointment and Term of
Members"; Subsection 2-55(d), Entitled "Filling Vacancies"; and Subsection 2-55(e), Entitled "Renewal
of Members"; Providing for Severability; Codification; Repealer; and an Effective Date. 10:30 a.m.
Second Reading, Public Hearing
(Arts, Culture and Entertainment)
(First Reading October 18, 2000)
Regular Agenda November 8, 2000 City of Miami Beach
R5 - Ordinances (Continued)
R5B Commission Memorandum No. 841-00 (Page 180)
An Ordinance Amending Chapter 2 of the City Code Entitled "Administration" by Amending Article
III thereof Entitled "Agencies, Boards, and Committees" by Amending Division 5, Entitled
"Convention Center Advisory Board," by Amending Subsection 2-46(d) Entitled "Composition" by
Reducing the Number of Board Members from 14 to 7; Providing for Repealer; Providing for
Codification; Providing for Severability; and Providing for an Effective Date. First Reading
(Requested by Commissioner Nancy Liebman)
R5C Commission Memorandum No. 842-00 (Page 186)
An Ordinance Amending Miami Beach City Code, Chapter 90, Entitled "Solid Waste", by Amending
Section 90-137(a), Entitled "Appendix A-Fee Schedule", by Raising the Fee Schedule for City
Collection and Disposal of Garbage and Trash at a Rate Concomitant with the Rate Increase Assumed
by the City Upon the Execution of the Service Agreement for the Aforementioned Services Pursuant
to Request for Proposals No. 101-99/00; Providing for Repealer, Severability, Codification, and a
Retroactive Effective Date of October 1, 2000. 11:15 a.m. Second Reading, Public Hearing
(Sanitation Department)
(First Reading October 18, 2000)
R5D Commission Memorandum No. 843-00 (Page 196)
An Ordinance Relating to Ad Valorem Taxation; Providing for an Additional Homestead Exemption
for Certain Qualifying Senior Citizens to be Applied to Millage Rates Levied by the City; Providing
Requirement of Annual Application and Submission of Supporting Documentation to the Miami-Dade
County Property Appraiser; Providing for Waiver of Exemption; Providing for an Annual Increase in
the Income Limitation; Repealing all Ordinances and Resolutions in Conflict Herewith; Providing for
Severability; Providing for Codification; and Providing for an Effective Date. First Reading
(Requested by Commissioner Matti Herrera Bower)
R5E Commission Memorandum No. 844-00 (Page 204)
Ordinance - Tree Ordinance
An Ordinance Amending Division 2, Entitled "Trees" of Article II, Entitled "Care and Maintenance of
Trees and Plants", of Chapter 46 of the Miami Beach City Code, Entitled "Environment" by Providing
for Definitions, Purpose, Scope and Applicability, and Application Procedures Regarding Tree Permits,
Providing for Enforcement and Civil Remedies, Prohibiting Tree Abuse, and Declaring Lethal
Yellowing Disease a Public Nuisance; Providing for Repealer; Inclusion in the City Code ; Severability;
and an Effective Date. 3:45 p.m. Second Reading, Public Hearing
(Requested by Commissioner Nancy Liebman)
(Continued from October 18, 2000)
ii
Regular Agenda November 8, 2000 City of Miami Beach
R5 - Ordinances (Continued)
R5F An Ordinance Amending Chapter 62 of the Miami Beach City Code Entitled "Human Relations,"
Amending Article II Thereof, Entitled "Discrimination," Amending Division 3 Thereof, Entitled
"Regulations," by Amending Section 62-90 Thereof, to be Entitled "Use of Municipal Facilities," by
Providing Provisions Requiring Organizations, Clubs or Individuals which Seek a Fee Waiver for the
Use of Municipal Facilities to Provide Confirmation in Writing that Said Organization, Club, or
Individual Does not Discriminate with Regard to Public Access to the Municipal Facility; and by
Amending Section 62-91 thereof, to be Entitled "Municipal Funds" by Providing Provisions Requiring
Organizations or Clubs which Seek Municipal Funds to Provide Confirmation in Writing that said
Organization or Club does not Discriminate; Providing for Codification; Providing for Repealer;
Providing for Severability; and Providing for an Effective Date. 4:00 p.m. Second Reading, Public
Hearing (Page 214)
(Requested by Commissioner Nancy Liebman)
(Continued from October 18, 2000)
R5G Commission Memorandum No. 845-00 (Page 220)
1. Rezoning - 1733 Michigan Avenue (Portion)
An Ordinance Amending the Official Zoning District Map, Referenced in Section 142-72 of the
Code of the City of Miami Beach, Florida, by Changing the Zoning District Classification for Lot
17, Block 20 of PALM VIEW SUBDIVISION [Plat Book 6, Page 29] (a Portion of 1733
Michigan Avenue) from the Current Zoning District Classification RS-4 Single Family
Residential, to the Proposed Zoning District Category RM-1 Residential Multi-Family Low
Intensity; Amending the Affected Portion of the City's Official Zoning District Map to Correspond
with this Change as Adopted by the City Commission; Providing for Repealer, Severability and
an Effective Date. 5:00 p.m. First and Only Reading, Public Hearing
2. Future Land Use Map Change - 1733 Michigan Avenue (Portion)
An Ordinance Amending the Future Land Use Map of the City of Miami Beach Comprehensive
Plan for Lot 17, Block 20 of PALM VIEW SUBDIVISION [Plat Book 6, Page 29] (a Portion of
1733 Michigan Avenue) from the Current Land Use Classification RS Single Family Residential,
to the Proposed Land Use Classification RM-1 Residential Multi-Family Low Intensity; Directing
Transmittals of this Ordinance and All Applicable Documents to Affected Agencies; Providing
for Repealer, Severability, Inclusion in the Comprehensive Plan and an Effective Date. 5:00 p.m.
First and Only Reading, Public Hearing
(Planning Department)
(Continued from September 13, 2000)
iii
Regular Agenda November 8, 2000 City of Miami Beach
R5 - Ordinances (Continued)
R5H Commission Memorandum No. 846-00 (Page 238)
An Ordinance Establishing a Temporary One Hundred and Eighty (180) Day Moratorium on the
Issuance of All Pay Telephone Permits, Including Renewal Pennits, which Shall Automatically Dissolve
Upon the Earlier of the Expiration of the One Hundred and Eighty (180) Day Period or Upon the Final
Resolution of all Pending Litigation Against the City of Miami Beach with Regard to Pay Telephones;
Providing for Repealer; Providing for Severability, and Providing for an Effective Date. 5:05 p.m.
Second Reading, Public Hearing
(Public Works Department)
(First Reading October 18, 2000)
R5I Commission Memorandum No. 847-00 (Page 244)
Rezoning - Monad Terrace
An Ordinance Amending the Official Zoning District Map, Referenced in Section 142-72 of the Code
of the City of Miami Beach, Florida, by Changing the Zoning District Classification for the Properties
Fronting on Monad Terrace, Between Biscayne Bay and West Avenue, from the Current Zoning District
Classification RM-2 Residential Multi-Family Medium Intensity, to the Proposed Zoning District
Category RM-3 Residential Multi-Family High Intensity; Amending the Affected Portion of the City's
Official Zoning District Map to Correspond with this Change as Adopted by the City Commission;
Providing for Repealer, Severability and an Effective Date. 5:10 p.m. First and Only Reading, Public
Hearing
(Planning Department)
R5J Commission Memorandum No. 848-00 (Page 258)
Ordinance - Designation of Proposed John S. Collins Waterfront Historic District
An Ordinance Amending Subpart B of the Land Development Regulations of the City Code; Amending
Chapter 118, Entitled "Administration and Review Procedures"; Amending Article X, Entitled "Historic
Preservation"; Amending Division 4, Entitled "Designation"; Amending Section 118-593, Entitled
"Historic Preservation Designation"; Amending Subsection 118-593(e), Entitled "Delineation on Zoning
Map" by Designating the Collins Waterfront Historic District, Consisting of a Certain Area which is
Bounded on the East by the Erosion Control Line of the Atlantic Ocean Between 22nd Street and the
Approved Relocation of 44th Street; on the North by the Approved Relocation of 44th Street from the
Erosion Control Line of the Atlantic Ocean to the West Bank of Indian Creek; on the West by the West
Bank of Indian Creek from the Approved Relocation of 44th Street to the Extended Centerline of 25th
Street; Then the Boundary Runs Westward along the Extended Centerline of 25th Street from the West
Bank of Lake Pancoast to Pinetree Drive; then Extends along the Centerline of Pinetree Drive from 25th
Street to 23rd Street (Excluding the 23rd Street Bridge over the Collins Canal); and then Eastward
Along the Northeastern Boundary of the National Register Architectural District from 23rd Street and
Partly 22nd Street to the Erosion Control Line of the Atlantic Ocean, as More Particularly Described
Herein; Providing That the City's Zoning Map Shall Be Amended to Include the Collins Waterfront
Historic District; Adopting the Designation Report Providing for Inclusion in the Land Development
Regulations of the City Code, Repealer, Severability, and an Effective Date. 5:20 p.m. First Reading,
Public Hearing
(Planning Department)
iv
Regular Agenda November 8, 2000 City of Miami Beach
R5 - Ordinances (Continued)
R5K Commission Memorandum No. 849-00 (Page 288)
Ordinance - Rooftop Additions in Proposed Collins Historic District
An Ordinance Amending Chapter 142 of the Miami Beach City Code Entitled "Zoning Districts and
Regulations" by Amending Section 142-1161 Thereof Entitled "Height Regulation Exceptions" by
Modifying the Prohibition of Rooftop Additions of More than One Story in the Collins Waterfront
Historic District; Providing for Codification, Repealer, Severability, and an Effective Date. First
Reading
(Planning Department)
R6 - Commission Committee Reports
R6A Verbal Report on the Finance & Citywide Projects Committee Meeting of November 2, 2000 Regarding:
1) Health Facilities Authority Hospital Revenue Bonds (Mount Sinai Medical Center Project) Series
2000 C, D & E 2) Review of Loan Agreement Between City of Miami Beach and Friends of the Bass.
(Page 296)
R6B Verbal Report on the Neighborhoods Committee Meeting of November 3, 2000 Regarding: 1) Bayshore
Trash Transfer Station. (Page 298)
R7 - Resolutions
R7A Commission Memorandum No. 850-00 (Page 300)
A Resolution Authorizing the Mayor and City Clerk to Execute a Lease Agreement Between the City
and Unidad of Miami Beach, Inc. for a Portion of the City-Owned Property Located at 833-6th Street,
Miami Beach, Florida, for a Ten (10) Year Term, Commencing on December 1, 2000, and Ending on
November 30, 2010, for Use as Administrative Offices and One-Stop Center; Further Waiving, by
5/7ths Vote, the Competitive Bidding and Appraisal Requirements, as Set Forth in Section 82-39 of the
Miami Beach City Code, Finding Such Waiver to be in the Best Interest of the City. 2:30 p.m. Second
Reading, Public Hearing
(Asset Management)
R7B Commission Memorandum No. 851-00 (Page 324)
A Resolution Approving the Sale of Approximately 200 Sq. Feet of the City-Owned Right-of-Way
Adjacent to the Residential Property Located at 2 South Hibiscus Drive, Miami Beach, Florida, to Dr.
William Zubkoff and Carolee Devito (the Owners); Waiving, by 5/7ths Vote, the Competitive Bidding
Requirement Pursuant to Ordinance No. 92-2783; and Authorizing the Mayor and City Clerk to Execute
any and all Documents to Effectuate the Transaction, Including a Quit Claim Deed, Subject to Final
Review of Same by the City Attorney's Office. 3:00 p.m. Public Hearing
(Public Works Department)
Regular Agenda November 8, 2000 City of Miami Beach
R7 - Resolutions (Continued)
R7C Commission Memorandum No. 852-00 (Page 338)
A Resolution Approving the First Amendment to the Agreement of Lease and Approving on Second
Reading, the First Amendment to the Development Agreement, in Accordance with the Requirements
of the Florida Local Government Development Agreement Act, Between the City of Miami Beach and
16th Street Partners LLC, for Development of the Site Located at Washington Avenue and 16th Street.
3:30 p.m. Second Public Hearing
(City Manager's Office)
(First Public Hearing October 18, 2000)
R7D Commission Memorandum No. 853-00 (Page 348)
A Resolution Adopting the Miami-Dade County Canvassing Board's Certification of the Results of the
City of Miami Beach Special Election Held on November 7, 2000 and Declaring Results Thereof.
(City Attorney's Office)
R7E Commission Memorandum No. 854-00 (Page 352)
A Resolution Authorizing the Administration to Terminate Negotiations with the Pointe at North Beach,
as the Successful Proposer Pursuant to Request for Proposals (RFP) No. 42-98/99 for Development of
Approximately Four (4) Acres of City-owned Property Known as the "72" Street Site", Located
Between Collins and Harding Avenues, from 72' to 73rd Streets; Said Termination as a Result of the
Proposer's Failure to Comply with the Conditions Set Forth in Resolution No. 2000-23816 Adopted on
February 23, 2000; Further Authorizing the Issuance of a Request for Qualifications (RFP) Seeking
Qualifications for Submission of Alternate Development Proposals as Set Forth Herein.
(City Manager's Office)
R7F Commission Memorandum No. 855-00 (Page 378)
A Resolution Approving the Issuance and Sale of Not to Exceed $135,000,000 Principal Amount of
City of Miami Beach Health Facilities Authority Hospital Revenue Bonds, Series 2000C (Mount Sinai
Medical Center of Florida Project), Not to Exceed $25,000,000 Principal Amount of City of Miami
Beach Health Facilities Authority Hospital Revenue Bonds, Series 2000D (Mount Sinai Medical Center
of Florida Project) and Not to Exceed $90,000,000 Principal Amount of City of Miami Beach Health
Facilities Authority Hospital Revenue Bonds, Taxable Series 2000E (Mount Sinai Medical Center of
Florida Project), by the City of Miami Beach Health Facilities Authority, Including the Approval
Required by Section 147(f) of the Internal Revenue Code of 1986, as Amended; Providing That Said
Bonds Shall Not Constitute a Debt, Liability or Obligation of the City or the State of Florida or Any
Political Subdivision Thereof but Shall be Payable Solely from the Revenues Provided Therefor; and
Providing an Effective Date.
(Finance Department)
vi
Regular Agenda November 8, 2000 City of Miami Beach
R7 - Resolutions (Continued)
R7G Commission Memorandum No. 856-00 (Page 416)
A Resolution Authorizing the Award of a Change Order Increase in the Amount of $40,250 to Metcalf
& Eddy, Inc., for the Professional Engineering Services Required to Obtain the Permits for the Required
Environmental Improvements to the Community Trash and Recycling Center Located at 28th Street and
North Meridian Avenue.
(Sanitation Department)
R7H Commission Memorandum No. 857-00 (Page 426)
A Resolution Retroactively Approving the Administration's Submission of a $1 Million Grant
Application to the State of Florida's Transportation Outreach Program-2001, Administered by the
Florida Department of Transportation; the Application Being for Roadway Enhancements and
Operational Improvements to the Sixteenth Street Corridor, which Connects Al A/Collins Avenue to
SR 907/Alton Road; the Total Cost of the Project, which Is Listed in the Miami Beach Comprehensive
Plan, is Estimated at $2 Million; Stating that the Required $1 Million Local Match would be Provided
by a Combination of Developer Mitigation Funds, Road Impact Fee Funds, and General Obligation
Bond Funds Dedicated to the Flamingo Area Neighborhood Improvements; and Appropriating the Grant
Funds, if Awarded.
(Transportation/Concurrency Management)
R7I Commission Memorandum No. 858-00 (Page 430)
A Resolution Approving a Policy for the Issuance of Rent Waivers Requested by Users of the Miami
Beach Convention Center. (Page)
(Requested by Mayor Neisen Kasdin)
(Continued from September 13, 2000)
(Hear in Conjunction with Item R9C)
R7J Commission Memorandum No. 859-00 (Page 434)
A Resolution Authorizing the Administration to Exercise the Fourth and Final One-Year Option to
Renew the Agreement with Central Parking System of Florida, Inc., for Providing Parking Meter
Collection Services for the City of Miami Beach Parking System; Said Renewal Term Commencing on
December 4, 2000, and Ending on December 3, 2001; Further Approving the Issuance of a Request for
Proposals of 180 Days Prior to the Expiration of the Agreement.
(Parking Department)
vii
Regular Agenda November 8, 2000 City of Miami Beach
R7 - Resolutions (Continued)
R7K Commission Memorandum No. 860-00 (Page 438)
A Resolution Strongly Opposing that Certain Project Proposed by the Florida Department of
Transportation (FDOT) for Miami Beach, Involving the Creation of a Left-Turn Lane on Southbound
Pine Tree Drive to Facilitate Eastbound Movement onto 41st Street; which Dedicated Turning Lane is
not Warranted, and would Require the Removal of Eleven Stately Pine Trees; such Trees being of
Historical Value to the City of Miami Beach; Requesting that FDOT Stop all Planning Efforts
Regarding the Project; and Further Instructing the Administration to Expedite the Historic Designation
Process for Pine Tree Drive.
(Transportation/Concurrency Management)
R9 - New Business and Commission Requests
R9A Commission Memorandum No. 861-00 (Page 446)
Board and Committee Appointments.
(City Clerk's Office)
R9A1 Ratification of Miami Beach Housing Authority Tenant Commissioner Appointment. (Page 496)
(Requested by Mayor Neisen Kasdin)
R9B(1) Dr. Stanley Sutnick Citizen's Forum. (1:30 p.m.) (Page 500)
R9B(2) Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.)
R9C Discussion Regarding First Night Convention Center Fee Waiver Request. (Page 502)
(Requested by Mayor Neisen Kasdin)
(Hear in Conjunction with Item R7I)
R9D Discussion Regarding the City's Management Fellow Program. (Page 504)
(Requested by Commissioner Luis R. Garcia, Jr.)
(Deferred from October 18, 2000)
R9E Discussion Regarding Ordinance Limiting Sales of Beer and Wine Off-Premises Consumption.
(Page 506)
(Requested by Vice-Mayor Simon Cruz)
R9F Discussion Regarding Adult Entertainment Establishments. (Page 508)
(Requested by Commissioner Jose Smith)
R9G The Committee of the Whole will Meet During Lunch Break in the City Manager's Large Conference
Room Regarding City Commission Meetings. (Page 510)
viii
Regular Agenda November 8, 2000 City of Miami Beach
R9 - New Business and Commission Requests (Continued)
R9H Discussion Regarding Current Historic Preservation Design Guidelines on Single Family Homes.
(Page 512)
(Requested by Commissioner Nancy Liebman)
R9I Discussion Regarding a Resolution Vesting in the City Manager of the City of Miami Beach, Florida,
or the City Manager's Designee, the Authority to Settle Code Compliance Liens, Subject to City
Commission Approval, where said Liens are to be Reduced by $100,000 or More or a Credit of
$100,000 or More is to be Given by the City. (Page 514)
(Requested by Commissioner Jose Smith)
R10 - City Attorney Reports
R10A Notice of Closed Executive Session. (Page 516)
Pursuant to Section 286.011, Florida Statutes, a Closed Executive Session will be Held During Lunch
Recess of the City Commission Meeting on November 8, 2000, in the City Manager's Large Conference
Room, Fourth Floor, City Hall to Discuss the Following Pending Litigation:
William Zubkoff and Carolee Devito. his Wife, vs. The City of Miami Beach. a Municipal Corporation.
Eleventh Judicial Circuit, Case No. 99-10538 CA 32.
The Following Individuals will be in Attendance: Mayor Neisen Kasdin; Members of the Commission:
Matti Herrera Bower, Simon Cruz, David Dermer, Luis R. Garcia, Jr., Nancy Liebman, and Jose Smith;
City Attorney Murray H. Dubbin, City Manager Jorge M. Gonzalez, Deputy City Attorney Jean Olin,
and First City Attorney Raul Aguila.
R1OB Notice of Closed Executive Session. (Page 518)
Pursuant to Section 286.011, Florida Statutes, a Closed Executive Session will be Held During Lunch
Recess of the City Commission Meeting on November 8, 2000, in the City Manager's Large Conference
Room, Fourth Floor, City Hall to Discuss the Following Pending Litigation:
Royal World Metropolitan Inc. vs. City of Miami Beach, Eleventh Judicial Circuit Court, Case
No. 99-17243 CA 23.
The Following Individuals will be in Attendance: Mayor Neisen Kasdin; Members of the Commission:
Matti Herrera Bower, Simon Cruz, David Dermer, Luis R. Garcia Jr., Nancy Liebman, and Jose Smith;
City Attorney Murray H. Dubbin, City Manager Jorge Gonzalez, Deputy City Attorney Robert Dixon
First Assistant City Attorney Debora Turner Special Counsel Stephen N. Zack, Esq., and Jennifer
Altman, Esq.
ix
Regular Agenda November 8, 2000 City of Miami Beach
Reports and Informational Items
A Commission Memorandum No. 862-00 (Page 520)
Parking Status Report.
(Parking Department)
B Commission Memorandum No. 863-00 ' (Page 544)
Status Report on Rules and Regulations for Beachfront Concessions with the State of Florida.
(City Manager's Office)
End of Regular Agenda
x
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY CLERK
HOW A PERSON MAY APPEAR BEFORE
THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7411
THE REGULARLY SCHEDULED MEETINGS OF THE CITY COMMISSION ARE GENERALLY HELD ON THE FIRST
AND THIRD WEDNESDAYS OF EVERY MONTH, COMMENCING AT 9:00 A.M., EXCEPT FOR THE MONTH OF
AUGUST WHEN THE COMMISSION IS IN RECESS. INDIVIDUAL MEETING DATES MAY CHANGE BECAUSE OF
HOLIDAYS OR OTHER EVENTS.
1. DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The
Forum will be split into two (2) sessions, I :30 p.m and 5:30 p.m. Approximately thirty (30) minutes will be allocated
per session for each of the subjects to be considered, with individuals being limited to no more than three (3) minutes.
No appointment or advance notification is needed in order to speak to the Commission during this forum.
2. Prior to every Commission meeting, an Agenda and backup material are published by the Administration. Copies of
the Agenda may be obtained at the City Clerk's Office on the Monday prior to the Commission regular meeting. The
complete Agenda, including all backup material, is available for inspection the Monday and Tuesday prior to the
Commission meeting at the City Clerk's Office and at the following Miami Beach Branch Libraries: Main, North Shore,
and South Shore.
3. Any person requesting placement of an item on the Agenda must provide a written statement with his/her complete
address and telephone number to the Office of the City Manager, 1700 Convention Center Drive, 4th Floor, Miami
Beach, Fl 33139, briefly outlining the subject matter of the proposed presentation. In order to determine whether or
not the request can be handled administratively, an appointment may be scheduled to discuss the matter with a member
of the City Manager's staff. "Requests for Agenda Consideration" will not be placed on the Agenda until after
Administrative staff review. Such review will ensure that the issue is germane to the City's business and has been
addressed in sufficient detail so that the City Commission may he fully apprised. Such written requests must be received
in the City Manager's Office no later than noon on Tuesday of the week prior to the scheduled Commission meeting to
allow time for processing and inclusion in the Agenda package. Presenters will be allowed sufficient time, within the
discretion of the Mayor, to make their presentations and will be limited to those subjects included in their written
requests.
4. Once an Agenda for a Commission Meeting is published, persons wishing to speak on items listed on the Agenda may
call or come to City Hall, Office of the City Clerk, 1700 Convention Center Drive, telephone 673-7411, before 5:00 p.m.
on the Tuesday prior to the Commission meeting and give their name, the Agenda item to be discussed, and if known,
the Agenda item number.
5. All persons who have been listed by the City Clerk to speak on the Agenda item in which they are specifically interested,
and persons granted permission by the Mayor, with the approval of the City Commission, will be allowed sufficient
time, within the discretion of the Mayor, to present their views. When there are scheduled public hearings on an Agenda
item, IT IS NOT necessary to register at the City Clerk's Office in advance of the meeting. All persons wishing to speak
at a public hearing may do so and will be allowed sufficient time, within the discretion of the Mayor, to present their
views.
6. If a person wishes to address the Commission on an emergency matter, which is not listed on the agenda, there will be
a period of fifteen minutes total allocated at the commencement of the Commission Meeting at 9:00 a.m. when the
Mayor calls for additions to, deletions from, or corrections to the Agenda. The decision as to whether or not the matter
will be heard, and when it will be heard, is at the discretion of the Mayor and the City Commission. On the presentation
of an emergency matter, the speaker's remarks must be concise and related to a specific item. Each speaker will be
limited to three minutes.
City Clerk: 5/99
F ACLER\CLER\ CITYCLER\ SUTNICK.COM Revision #I6
REP:Ib
CITY OF MIAMI BEACH
2000 CITY COMMISSION MEETINGS
January 12 (Wednesday) January 26 (Wednesday)
February 9 (Wednesday) February 23 (Wednesday)
March 15 (Wednesday)
April 12 (Wednesday)
May 10 (Wednesday) May 24 (Wednesday)
June 7 (Wednesday) June 21 (Wednesday)
July 12 (Wednesday) July 26 (Wednesday)
August City Commission in Recess - NO MEETINGS
September 13 (Wednesday)
September 27 (Wednesday)
October 18 (Wednesday)
November 8 (Wednesday)
November 29 (Wednesday)
December 20 (Wednesday)
M:\$CMB\CITYCLER\CALENDAR\COMCALOO.WPD Modified: September 20, 2000
R2 COMPETITIVE BID REPORTS
FUNDING APPROVAL
Management and Budget
AGENDA ITEM ke.-2__A
DATE
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.mianni-beach.fLus
COMMISSION MEMORANDUM NO. — C)°
TO: Mayor Neisen 0. Kasdin and DATE: November 8, 2000
Members of the City Commission
FROM: Jorge M. Gonzalez
City Manager
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OF
FUNDS FROM THE $92 MILLION GENERAL OBLIGATION (G.O.) BOND
SERIES 2000, FUND NUMBER 378, AND APPROVAL TO ISSUE A
PURCHASE ORDER TO PIERCE MANUFACTURING, INC., IN THE
AMOUNT OF $1,408,092, FOR THE PURCHASE OF TWO (2) PIERCE
MODEL 2001 100' AERIAL PLATFORM ON DASH 2000 CHASSIS (FIRE
TRUCKS), PURSUANT TO LAKE COUNTY CONTRACT NO. 99-150.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
AMOUNT AND FUNDING
Funding in the amount of $1,408,092, is provided by the $92 Million G.O. Bond, Series 2000, Fund
#378.
ANALYSIS
On November 2, 1999, the citizens of Miami Beach approved the issuance of $92 million in General
Obligation (G.O.) Bonds. There are three G.O. Bond programs that will fund community needs and
improvements over the next six years: Neighborhood Infrastructure, Parks and Beaches
Improvements; and Fire Safety Facilities and Equipment to renovate, expand, and improve fire
stations and related facilities located in the City, and to acquire and equip fire trucks.
166
Page Two
November 8, 2000
ANALYSIS (continued)
It is important that this request be considered for approval by the City Commission on November
8, 2000 and prior to the manufacturer's (3%) price increase scheduled to be effective on
November 15, 2000. If consideration and approval of this request is not completed prior to
November 15, 2000, the cost of this purchase will increase by an additional $42,243.
The Fire Department has expedited its review and development of aerial specifications to present
this purchase request to the G.O. Bond Oversight Committee and the City Commission prior to
the date of the price increase.
Total General Obligation Bond allocation for the Fire Apparatus Replacement Project is
$2,700,000 for the replacement of five (5) fire apparatus. Approval of this request will complete
the purchase of four of the five and leave a balance of $411,908 to purchase the last pumper and
two thermal imaging cameras. We estimate the remaining funds are sufficient to complete all
purchasing goals for the Fire Apparatus Replacement Project.
During the past year many members of the Fire Department have worked arduously to produce these
final specifications -- the purchase of two (2) Pierce Model 2001 100' Aerial Platform on Dash 2000
Chassis. Input and agreement from all affected parties have been obtained through the Fire
Department's Labor/Management process, the Apparatus Committee, the Joint Occupational Safety
and Health Committee and a strategic planning meeting with the Fire Union and Senior Staff.
There are several clear advantages of Aerial Platforms over Aerial Ladder Apparatus:
1. Aerial Platforms, as the name suggests, supply a platform to work off when contrasted with the
instability and awkward position of working off the tip of a straight ladder.
2. The platform can be used to effect below grade rescue, such as when a car is in the water.
3. Only one (1) Firefighter can work off the tip of an Aerial Ladder. Up to four (4) Firefighters can
work within the platform.
4. It is much safer and more comfortable for both the victim and the Firefighter when effecting an
elevated rescue.
167
Page Three
November 8, 2000
ANALYSIS (continued)
We will purchase the two fire trucks directly from the manufacturer Pierce Manufacturing, Inc, who
has been in business since 1917.
Pierce has offered the City a one-source solution, which is an integrated approach that delivers
superior apparatus, advanced technologies,.and a dedicated support team.
From their headquarters in Appleton, Wisconsin, all chassis, bodies and aerial systems are
engineered, tested and custom built to the City's exact specifications. Pierce's integrated approach
will consist of the following:
Welded modular construction. Pierce parts are formed to precise dimensions with computerized,
numerically controlled press brakes, then welded into assemblies for stronger, more durable finished
products. All welding is done by certified welders on ISO calibrated equipment.
Computerized design and cutting. Assuring a high level of accuracy and consistency when creating
body panels and chassis, these processes provide exceptionally tight tolerances for a more solidly
built vehicle that will respond better and last longer. Should the City need replacement parts, a
computer file can recreate exact duplicates.
State-of-the-art painting process. A high level of corrosion protection results from Pierce's state-
of-the-art, environmentally advanced painting facility. Components go through a multi-step process:
(1) All surfaces are washed and prepared for priming; (2) All surfaces receive 2 coats of primer; (3)
Surfaces are sanded before applying final coats of paint; (4) All surfaces receive 2 top coats of color,
depending on the specific order color scheme. Plus, holes are drilled before painting and apparatus
are painted in separate modules so the integrity of the paint surface is never compromised. On the
chassis, harnesses and air lines are installed after painting, for faster, easier trouble shooting.
Focused sub assembly. Through a team-building approach, craftspeople are responsible for a
specific portion of the vehicle, such as the pump house assembly. Close group communication and
extensive experience will lead to quick implementation of improvements, and a superior product.
Service. Ten-8 Fire Equipment Inc. is Pierce's sole distributor of Pierce Fire Apparatus for the State
of Florida. Ten-8 will be dedicated to provide service support 24 hours a day, 7 days a week with
parts, service, and training.
Delivery. Delivery will be 240-270 calendar days after receipt of order.
168
Page Four
November 8, 2000
ANALYSIS (continued)
The following governmental agencies have issued purchase orders pursuant to Lake County Contract
No. 99-150 to purchase various fire apparatus:
Lake County - (9) Contender Pumpers, (1) 85' Platform
City of Melbourne - (2) Custom Contender Pumpers
City of Pompano Beach - (2) Custom Contender Pumpers
City of South Walton Beach - (1) 105' Dash 2000 All Steer Aerial
City of Seminole - (1) 105' Dash 2000 All Steer Aerial
City of Destin - (1) 105' Dash 2000 All Steer Aerial
N.W. Hernando - (1) Custom Contender Pump
City of Windemere - (1) Commercial Tanker
Seminole County - (2) Quantum Pumpers
City of Key West - (1) Dash 2000 Pumper
City of Temple Terrace - (1) Quantum Pumper
City of Bartow - (1) 105' Dash 2000 Ladder
City of Bradenton - (1) 61' Skyboom Quantum
City of Hialeah - (2) Quantum Pumpers, (1) Lance Hazmat Vehicle
Volusia County - (1) Custom Contender
City of Windermere - (1) 1800 Gallon Tanker
Seminole County - Quantum Pumper
Miramar, Florida - (2) Lance Rescue Pumpers
City of Miami Beach - (2) Pierce Sky-Booms
City of Miami - (1) Air Supply Vehicle
City of Miami - (3) 50' Tele-Squirts
Parkland Public Safety - (1) Sky-Boom
Riviera Beach - (1) Custom Pumper
The pricing computation formula is as follows:
Vehicle Base Model Cost
4% Mark-Up Over Base
Equipment Options
10% Mark-Up Over Equipment Cost
Vehicle Accessories -- Above Base Vehicle
10% Mark-Up Over Vehicle Accessories Cost
$561,040.00
$ 22,441.00
$ 10,565.00
$ 1,057.00
$ 81,600.00
$ 8,160.00
Base Price $684,863.00 x 2 vehicles = $1,369,726.00
Options:
Electric Air Reel with 200' Air Hose
Electric Air Compressor 8.0 CFM
Mounted in Compartment
Rescue Tool and Equipment with Power Unit Chain Package
Ram Saddle, and Hose
Total Options $21,683.00 x 2 vehicles = $43,366.00
Multi-Truck Discount ($5,000.00)
$1,408,092
169
Page Five
November 8, 2000
ANALYSIS (continued)
RECOMMENDATION:
I recommend that the City Commission authorize the appropriation of funds from the $92 Million
G.O. Bond Series 2000, Fund Number 378, and Approve the issuance of a purchase order to Pierce
Manufacturing, Inc., in the Amount of $1,408,092, for the purchase of two (2) Pierce Model 2001
100' Aerial Platform on Dash 2000 Chassis (fire trucks), pursuant to Lake County Contract No.
99-150.
utak*
JMG:MDB:FJ:GLIL
M:Temp:FireTruck
170
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION
OF FUNDS FROM THE $92 MILLION GENERAL OBLIGATION
(G.O.)BOND SERIES 2000, FUND NUMBER 378, AND APPROVING THE
ISSUANCE OF A PURCHASE ORDER TO PIERCE MANUFACTURING,
INC., IN THE AMOUNT OF $1,408,092, FOR THE PURCHASE OF TWO (2)
PIERCE MODEL 2001 100' AERIAL PLATFORM ON DASH 2000 CHASSIS
(FIRE TRUCKS), PURSUANT TO LAKE COUNTY CONTRACT NO. 99-150.
WHEREAS, the G.O. Bond program project list includes the funding of Fire Safety
Facilities and Equipment to acquire and equip fire trucks; and
WHEREAS, the Fire Department has analyzed the purchase of two (2) Pierce Model 2001
100' Aerial Platform on Dash 2000 Chassis (Fire Trucks) and has obtained feedback and agreement
from all affected parties including the Department's Labor/Management process, the Apparatus
Committee, the Joint Occupational Safety and Health Committee and a strategic planning meeting
with the Fire Union and Senior Staff; and
WHEREAS, the manufacturer of the fire trucks, Pierce Manufacturing, Inc., has agreed to
honor all the terms and conditions, and pricing of Lake County Contract No. 99-150; and
WHEREAS, Section 2-369 of the City Code, authorizes purchases from contracts awarded
by governmental agencies such as Lake County.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein authorize the Administration to appropriate funds from the $92 million General
Obligation (G.O.) Bond Series 2000, Fund Number 378, and approve the issuance of a Purchase
Order to Pierce Manufacturing, Inc., in the amount of $1,408,092, for the purchase of two (2) Pierce
Model 2001 100' Aerial Platform on Dash 2000 chassis (fire trucks), pursuant to Lake County
Contract No. 99-150.
PASSED and ADOPTED this day of November, 2000.
MAYOR
ATTEST:
APPROVED AS 70
PORAA & LANGUAGE
& FOR EXECUTION
CITY CLERK
(n)
City Aitorney V Dos
171
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173
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co
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
httpAkci.miami-beachAus
COMMISSION MEMORANDUM NO. OP C)
TO: Mayor Neisen 0. Kasdin and DATE: November 8, 2000
Members of the City Commission
FROM: Jorge M. Gonzalez
City Manager SECOND READING
SUBJECT: AN ORDINANCE YhF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, ENTITLED "ADMINISTRATION", BY AMENDING
ARTICLE III THEREOF, ENTITLED AGENCIES, BOARDS, AND
COMMITTEES", BY AMENDING DIVISION 6, ENTITLED "CULTURAL
ARTS COUNCIL", BY AMENDING SUBSECTION 2-55(c), ENTITLED
"APPOINTMENT AND TERM OF MEMBERS"; SUBSECTION 2-55(d),
ENTITLED "FILLING VACANCIES"; AND SUBSECTION 2-55(e),
ENTITLED "RENEWAL OF MEMBERS"; PROVIDING FOR
SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANALYSIS
The Mayor and City Commission established the Cultural Arts Council on March 5, 1997.
On October 18, 2000, the Mayor and City Commission approved the following amendments to the
Council's Ordinance on first reading.
Pursuant to Commission direction to amend the Council's Ordinance regarding the nominating
process and staggered terms, the Cultural Arts Council staff met with the Legal Department to
develop a systematic process for appointments and terms. The desire of the Commission was to create
a more open process and greater turnover of board members.
The Ordinance changes are as follows:
See. 2-55(c) Appointment and term of members.
The term of office for all members will be three (3) years (amended from two (2) years) by December
31, 2002. The staggered term process begins December 31, 2000. Of the four vacancies on December
31, 2000, three (3) members will be appointed for two (2) year terms each and one (1) member for
a one (1) year term.
AGENDA ITEM Tt
DATE
174
Cultural Arts Council Ordinance Amendment
Page 2
On December 31, 2001, six (6) Council members' terms expire, and three (3) members will be
appointed for three (3) year terms, including the vacancy of the one (1) year term expiring on
December 31, 2000, and three (3) members will be appointed for two (2) year terms. On December
31, 2002, the three (3) vacancies will be filled and they will serve for three (3) years. At that time,
one-third of the Council will become vacant each year. Effective December 31, 2002, no Council
member may serve more than six (6) consecutive years (amended from eight (8) years). No Council
member who serves the maximum proscribed term may be appointed during the two-year period
following the expiration of his/her term.
Sec. 2-55(d) Filling vacancies.
The Council shall submit three (3) names per vacancy in an aggregate slate to the Mayor and City
Commission without recommendation. In the event the name of a current Council member is
submitted then the Council may indicate the incumbent member as a point of information. Also, the
Mayor and Commissioners may add additional candidates to the Council's aggregate slate.
Sec. 2-55(e) Removal of members.
The absence policy for monthly meetings will coincide with the City's policy allowing for a maximum
absence rate of 33% in a calendar year.
The Cultural Arts Council has recognized the Commission's desire to create a board whose
composition changes more frequently yet provides continuity and familiarity with the arts. The
proposed Ordinance will accomplish these objectives. Accordingly, the Mayor and City Commission
should adopt the amended Ordinance on second and final reading.
TheiG:PS:DW:Ce
TAAGENDA\20001NOV0800\REGULAMORDREV.1 WPD
175
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, ENTITLED "ADMINISTRATION", BY AMENDING
ARTICLE III THEREOF, ENTITLED "AGENCIES, BOARDS, AND
COMMITTEES", BY AMENDING DIVISION 6, ENTITLED "CULTURAL
ARTS COUNCIL", BY AMENDING SUBSECTION 2-55(c), ENTITLED
"APPOINTMENT AND TERM OF MEMBERS"; SUBSECTION 2-55(d),
ENTITLED "FILLING VACANCIES"; AND SUBSECTION 2-55(e),
ENTITLED "RENEWAL OF MEMBERS"; PROVIDING FOR
SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE
DATE.
WHEREAS, on March 5, 1997, the Mayor and City Commission adopted Ordinance No.
97-3075, as codified in Chapter 2, Article III, Division 6, Sections 2-51 through 2-64 of the Miami
Beach City Code, creating the Miami Beach Cultural Arts Council (the Council); and
WHEREAS, the purpose of the Council is to develop, coordinate, and promote the
performing and visual arts in the City of Miami Beach, for the enjoyment, education, cultural
enrichments, and benefits of the residents of and visitors to the City; and
WHEREAS, following a recommendation of the Mayor and City Commission to review
same, the members of the Council would herein recommend that certain of the aforestated City Code
provisions providing for the establishment of the Council be amended; specifically, those provisions
providing for appointment and terms of members, the filling of vacancies of new members on the
Council, and attendance requirements, such that these amendments would further strive to make the
Council more diverse and inclusive of the City's population.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach Code, Chapter 2, entitled "Administration", Article III, entitled
"Agencies, Boards, and Committees", be amended to read as follows:
Chapter 2 ADMINISTRATION
Article III. Agencies, Boards, and Committees
DIVISION 6. CULTURAL ARTS COUNCIL
176
Sec. 2-55(c) Appointment and term of members.
(c) The members of the Council shall be appointed at-large by majority vote of the Mayor and
City Commission. The term of office for each member shall be two (2) three (3) years.,-;
;11 . ;IC 14
• • ;
(2) years. Effective December 31, 2000, concurrent with the expiration of the terms of four
(4) members of the Council. and the resulting vacancies thereon, three (3) members shall be
appointed for two (2) year terms each, and one (1) member shall be appointed for a one (1)
year term. Effective December 31, 2001, concurrent with the expiration of the terms of six
(6) members of the Council. and the resulting vacancies thereon, three (3) members shall be
appointed for three (3) year terms each, provided that one of those appointments shall be to
fill the vacancy of the one year term expiring on December 31. 2001. and three (3) members
shall be appointed for two (2) year terms each. Additionally, effective December 31, 2002,
no Council member may serve more than six (6) consecutive years; this provision shall be
measured retroactively from the date of the initial appointments to the Council. No Council
member who serves the maximum proscribed term limitations shall be appointed to the
Council during the two (2) year period following the expiration of his/her term.
Sec. 2-55(d) Filling vacancies.
(d) Vacancies on the Council shall be filled by the Mayor and City Commission. In filling any
vacancy, the Mayor and City Commission shall may select a replacement Council member
from a list of three (3) candidates to which shall be submitted by the remaining members of
the Council. In the event that none of the candidates on the Council's suggested list
suggested meets with the City Commission's approval, the individual members of the City
Commission may supplement the Council's suggested list with additional names of
candidates or, if neither the candidates on the Council's suggested list nor the additional
names submitted by the individual members of the City Commission are approved, the
Council shall submit an entirely different list for the Mayor and City Commission's
consideration. This process shall continue until a suitable replacement has been found to fill
the existing or anticipated vacancy.
The suggested list submitted by the Council for the Mayor and City Commission's
consideration shall be submitted without specific recommendations or endorsements by the
Council as to any particular name submitted therein, but may. in the event the name of a
current Council member is submitted for reappointment, indicate, as a point of information
to the Mayor and City Commission, that said name is that of an existing Council member.
Sec. 2-55(e) Removal of members.
(e) Council members shall serve at the pleasure of the Mayor and City Commission. Any
member of the Council may be removed from office by a majority vote of the Mayor and
City Commission.
three-rneetings within a period of one year.
2
177
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the Code
of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or
other appropriate word.
SECTION 4. REPEALER.
All other ordinances of the City of Miami Beach or any part of said ordinances, in conflict
herewith, be and the same are hereby repealed.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of , 2000.
PASSED and ADOPTED this day of , 2000.
ATTEST: MAYOR
CITY CLERK
RJA \ kw
FAATTO AGUR \ RESOS \ CAC2-55.0RD
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
3
178
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the
City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 -Convention
Center Drive, Miami Beach, Florida, on Wednesday, November 8, 2000, at the times listed below, to
consider the adoption of the following ordinances:
at 10:30 a.m.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ENTITLED "ADMINISTRATION", BY AMENDING
ARTICLE III THEREOF, ENTITLED "AGENCIES, BOARDS, AND COMMITTEES", BY AMENDING DIVISION 6, ENTITLED
"CULTURAL ARTS COUNCIL", BY AMENDING SUBSECTION 2-55(C), ENTITLED "APPOINTMENT AND TERM OF
MEMBERS"; SUBSECTION 2-55(D), ENTITLED "FILLING VACANCIES"; AND SUBSECTION 2-55(E), ENTITLED
"RENEWAL OF MEMBERS"; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE.
Inquiries may be directed to the Arts, Culture and Entertainment Department at (305) 673-7577.
at 11:15 a.m.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE, CHAPTER 90, ENTITLED "SOLID WASTE", BY AMENDING
SECTION 90-137(A), ENTITLED "APPENDIX A-FEE SCHEDULE", BY RAISING THE FEE SCHEDULE FOR CITY
COLLECTION AND DISPOSAL OF GARBAGE AND TRASH AT A RATE CONCOMITANT WITH THE RATE INCREASE ASSUMED
BY THE CITY UPON THE EXECUTION OF THE SERVICE AGREEMENT FOR THE AFOREMENTIONED SERVICES PURSUANT
TO REQUEST FOR PROPOSALS NO. 101-99/00; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
A RETROACTIVE EFFECTIVE DATE OF OCTOBER 1, 2000.
Inquiries may be directed to the Sanitation Department at (305) 673-7616.
ALL INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or
to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700
Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these
ordinances are available for public inspection during normal business hours in the City Clerk's
Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This
meeting may be continued and under such circumstances additional legal notice would not be
provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person
decides to appeal any decision made by the City Commission with respect to any matter considered
at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the appeal is to be based.
This notice does not constitute consent by the City for the introduction or admission of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise
allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodation to participate in this proceeding should contact the City Clerk's office no later
than four days prior to the proceeding, telephone (305) 673-7411 for assistance; if hearing
impaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or (800) 955-8770
(VOICE), for assistance.
179
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.mianni-beach.fl.us
COMMISSION MEMORANDUM NO. NI ---Cr°
TO: Mayor Nelsen 0. Kasdin and
DATE: November 8, 2000
Members of the City Commission
FROM: Jorge M. Gonzalez
City Manager
FIRST READING
SUBJECT: AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY CODE
ENTITLED "ADMINISTRATION" BY AMENDING ARTICLE III
THEREOF ENTITLED "AGENCIES, BOARD, AND COMMITTEES" BY
AMENDING DIVISION 5, ENTITLED "CONVENTION CENTER
ADVISORY BOARD," BY AMENDING SUBSECTION 2-46(d) ENTITLED
"COMPOSITION" BY REDUCING THE NUMBER OF BOARD MEMBERS
FROM 14 TO 7; PROVIDING FOR REPEALER; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Approve the Ordinance on first reading.
BACKGROUND:
At its regular meeting of October 18, the City Commission voted 7-0 to reduce the size of the
Convention Center Advisory Board (CCAB) from fourteen members to seven members. The
Legal Department, upon the direction of the City Commission, has prepared an Ordinance
addressing this amendment to the composition of the CCAB. The effective date of the Ordinance
will be January 1, 2001.
Through information provided by the City Clerk's office, achievement of the reduction will be
accomplished through attrition of appointments upon their expiration on December 31, 2000. At
the current time, there are eleven active appointments to the Board. Four of those active
appointments expire as of December 31, 2000, leaving seven active appointments expiring
December 31, 2001. The composition as of January 2001 will be as follows:
TAAGENDA \ 2000 \NOV0800\REGULARTCAB.APP
AGENDA ITEM C58
DATE
180
Page Two
Commission Memorandum
Ordinance/CCAB
November 8, 2000
* Edward Levinson
* Norman Litz
* Jay Jensen
* Joe Fontana
* Juan Jover
* Robert Taran
* Jo Asmundsson
Upon expiration of the above terms on December 31, 2001, the length of terms for the appointments
will be revised to allow for the staggering of terms.
CONCLUSION:
The Mayor and Commission should approve the Ordinance.
JMG: 16 3eT:dt
TAAGENDA \2000 \NOV0800 \REGULARTCAB.APP
181
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING CHAPTER 2 OF THE CITY CODE ENTITLED
"ADMINISTRATION" BY AMENDING ARTICLE III
THEREOF ENTITLED "AGENCIES, BOARDS, AND
COMMITTEES" BY AMENDING DIVISION 5, ENTITLED
"CONVENTION CENTER ADVISORY BOARD," BY
AMENDING SUBSECTION 2-46(d) ENTITLED
"COMPOSITION" BY REDUCING THE NUMBER OF
BOARD MEMBERS FROM 14 TO 7; PROVIDING FOR
REPEALER; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, in order to provide greater efficiency in the operation of the Convention Center
Advisory Board, the membership on said Board should be reduced from fourteen (14) to seven (7)
members.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Section 2-46(d) of Division 5 of Article 3 entitled "Agencies, Boards, and Committees,"
of the Miami Beach City Code, Chapter 2 entitled "Administration,"is hereby amended to read as
follows:
Chapter 2. ADMINISTRATION
Article III. Agencies, Boards and Committees
* * *
DIVISION 5. CONVENTION CENTER ADVISORY BOARD
Sec. 2-46. Established; purpose; powers and duties; composition.
* * *
(d) Composition. There shall be 4-4 7 voting members of the board; the mayor and each
commissioner shall make two one direct appointments.
182
The chairperson of the board of directors of the Miami Beach Chamber of Commerce or his designee
shall serve as a nonvoting, ex officio member. The chairperson of the board of directors of the
Greater Miami Convention and Visitors Bureau or his designee shall serve as a nonvoting, ex officio
member. Administrative representatives from the management group, Greater Miami Convention
and Visitors Bureau and the city manager's office shall serve as nonvoting, ex officio members.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the Code
of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or
other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 1st day of January, 2001.
PASSED and ADOPTED this day of , 2000.
MAYOR
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION CITY CLERK
FAATTO \TURMORDINANCTONVNCT2.AMD
10/23/00
183
OFFICE OF THE CITY ATTORNEY
gicid Ward
0 R I D A
MURRAY H. DUBBIN
City Attorney Telephone: (305) 673-7470
Telecopy: (305) 673-7002
COMMISSION MEMORANDUM
TO: Mayor Neisen 0. Kasdin and
DATE: November 8, 2000
Members of the City Commission
FROM: Murray H. Dubbin
City Attorney
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 2 OF THE
CITY CODE ENTITLED "ADMINISTRATION" BY AMENDING ARTICLE
III THEREOF ENTITLED "AGENCIES, BOARDS, AND COMMITTEES"
BY AMENDING DIVISION 5, ENTITLED "CONVENTION CENTER
ADVISORY BOARD," BY AMENDING SUBSECTION 2-46(d) ENTITLED
"COMPOSITION" BY REDUCING THE NUMBER OF BOARD MEMBERS
FROM 14 TO 7; PROVIDING FOR REPEALER; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Pursuant to the request of Commissioner Nancy Liebman, the above referenced Ordinance
is to submitted for consideration by the Mayor and City Commission.
cc: Jorge M. Gonzalez
City Manager
1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139
184
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185
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. gq12...-00
TO: Mayor Neisen 0. Kasdin and
DATE: November 8, 2000
Members of the City Commission
FROM: Jorge M. Gonzalez
City Manager
SECOND READING PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE, CHAPTER 90, ENTITLED "SOLID WASTE," BY AMENDING
SECTION 90-137(a), ENTITLED "APPENDIX A-FEE SCHEDULE," BY
RAISING THE FEE SCHEDULE FOR CITY COLLECTION AND
DISPOSAL OF GARBAGE AND TRASH AT A RATE CONCOMITANT
WITH THE RATE INCREASE ASSUMED BY THE CITY UPON THE
EXECUTION OF THE SERVICE AGREEMENT FOR THE
AFOREMENTIONED SERVICES PURSUANT TO REQUEST FOR
PROPOSAL NO. 101-99/00; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND A RETROACTIVE EFFECTIVE
DATE OF OCTOBER 1, 2000.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANALYSIS
The City's existing Agreement with Onyx Florida, LLC, for the collection and disposal of
residential solid waste, yard waste, bulk wastes and operation of the City's solid waste management
facility is due to expire on October 18, 2000. The City Commission authorized the issuance of
Request for Proposals No. 101-99/00 on May 24, 2000. The RFP opened on July 14, 2000, receiving
a total of seven responses. On July 17, 2000, the Evaluation committee met to review all of the
responses, and selected BFI Waste Systems of North America, Inc. as the top-ranked firm.
On July 26, 2000, the Mayor and City Commission authorized the Administration to enter into
Service Agreement negotiations with the top-ranked firm, BFI Waste Systems of North America, Inc.
The Agreement has been successfully negotiated. The approved prices the City will pay for
residential solid waste services will be considerably higher than what the City has paid to the
previous hauler.
AGENDA ITEM 1.5‘c
TAAGENDA 200MOV0800 \ REGULAR \ RATEINC3.2ND
DATE «-g-co
186
November 8, 2000
Commission Memorandum
Solid Waste Fee Increase
Page 2
The City is contracted to pay an additional monthly charge of $3.74 per residential unit for all Single-
Family residences, and an additional monthly charge of $4.46 per residential unit for all Multi-
Family residences. These increased costs to the Sanitation Department's budget total over $290,000
annually, and if borne solely by the City, would affect other Sanitation services. Other services
would have to be reduced, to ensure funding of the additional costs charged by the new Waste
Hauler. This additional cost is passed on to the users. The solid waste service rates charged by the
City have not increased since 1991. Over the nine year period, the costs of providing these essential
services have increased considerably. The following chart lists in ascending order the residential
solid waste service rates of several local municipalities:
MUNICIPALITY ANNUAL
FEE
SINGLE-FAMILY
POINT OF
SERVICE
Miami $166.00 Curbside
Opa Locka $321.00 Curbside
Hialeah $324.00 Curbside
Miami-Dade County $349.00 Curbside
North Miami $360.00 Curbside
Miami Beach $370.00 Backyard (Proposed Increase)
North Miami Beach $375.00 Curbside
Miami Shores $420.00 Curbside
Coral Gables $552.00 Backyard
The Administration proposes that by raising the schedule of fees for collection and disposal of
residential solid waste, yard trash and bulk wastes, concomitant with the monthly rate increases
paid by the City to the new contracted Waste Hauler, retroactive to October 1, 2000, is the best
way of ensuring that other Sanitation services continue.
The following chart illustrates the difference in current and proposed fees charged to residents for
solid waste services (the higher proposed rate directly correlates to the additional rate charged to the
City by the new contracted Waste Hauler):
MONTHLY ANNUAL # of MONTHLY ANNUALLY
FEES PER FEES PER Units TOTAL FEES TOTAL FEES
RESIDENTIAL RESIDENTIAL
UNIT UNIT
City Current Fees/Single-Family $27.11 $325.32 5349 $145,011.39 $1,740,136.68
City Current Fees/Multi-Family $22.41 $268.92 947 $21,222.27 $254,667.24
Total Current 6296 $166,233.66 $1,994,803.92
TAAGENDA 20001NOV0800 \REGULAR \RATEINC3.2ND
187
November 8, 2000
Commission Memorandum
Solid Waste Fee Increase
Page 3
City Proposed Fees/Single-Family $30.85 $370.20 5349 $165,016.65 $1,980,199.80
City Proposed Fees/Multi-Family $26.87 $322.44 947 $25,445.89 $305,350.68
Total Proposed 6296 $190,462.54 $2,285,550.48
Difference/Single-Family $3.74 $44.88 $20,005.26 $240,063.12
Difference/Multi-Family $4.46 $53.52 $4,223.62 $50,683.44
Total Difference $24,228.88 $290,746.56
The City Commission deferred the first reading of this Ordinance at the September 27, 2000, City
Commission meeting. The City Commission held the first reading on October 18, 2000, approved
the Ordinance and scheduled a public hearing for the second and final reading.
The Administration recommends that the City Commission adopt the Ordinance at the second and
final reading.
JMG: DS:PDW:RT:sg Vt3i
TAAGENDA \ 2000\ NOV0800 \ REGULAR \RATEINC3.2ND
188
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE, CHAPTER 90, ENTITLED "SOLID WASTE," BY AMENDING
SECTION 90-137(a), ENTITLED "APPENDIX A-FEE SCHEDULE," BY
RAISING THE FEE SCHEDULE FOR CITY COLLECTION AND
DISPOSAL OF GARBAGE AND TRASH AT A RATE CONCOMITANT
WITH THE RATE INCREASE ASSUMED BY THE CITY UPON THE
EXECUTION OF THE SERVICE AGREEMENT FOR THE
AFOREMENTIONED SERVICES PURSUANT TO REQUEST FOR
PROPOSALS NO. 101-99/00; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND A RETROACTIVE EFFECTIVE
DATE OF OCTOBER 1, 2000.
WHEREAS, the City's existing rate schedule billing for residential collection and disposal
of garbage and trash has not increased since 1991; and
WHEREAS, the City's existing Agreement with Onyx Florida, LLC, for residential solid
waste and yard trash collection services and operation of the Solid Waste Management Facility
(a/k/a Stash Area) located within the Bayshore Golf Course at 28th Street and Meridian Avenue,
is due to expire on October 18, 2000; and
WHEREAS, RFP No. 101-99/00 for collection and disposal of residential solid waste,
yard waste, bulk wastes, and operation of the City's Solid Waste Management Facility was issued
on June 9, 2000, with an opening date of July 14, 2000, and a total of seven responses were
received; and
WHEREAS, after evaluating the proposals, the Evaluation Committee ranked BFI Waste
Systems of North America, Inc. as the top-ranked firm; and
WHEREAS, the Mayor and City Commission authorized the Administration to enter into
negotiations with BFI Waste Systems of North America, Inc. to provide the services pursuant
189
to RFP No. 101-99/00; and
WHEREAS, the Service Agreement has been successfully negotiated for an initial period
of two years, commencing October 1, 2000; and
WHEREAS, the monthly rate for single-family residences, to be paid by the City to the
contracted Waste Hauler, BFI Waste Systems of North America, Inc., has increased by $3.74 per
residential unit over the previous waste hauler's monthly rate; and
WHEREAS, the monthly rate for multi-family residences (8 units or less), to be paid by
the City to the contracted Waste Hauler, BFI Waste Systems of North America, Inc., has increased
by $4.46 per residential unit over the previous waste hauler's monthly rate; and
WHEREAS, the City Commission finds that by raising the schedule of fees for collection
and disposal of residential solid waste, yard trash and bulk wastes, concomitant with the monthly
rates paid by the City, retroactive to October 1, 2000, is in the best interest of the City.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF CHAPTER 90-137(a),ENTITLED "ARTICLE
III. COLLECTION AND DISPOSAL, DIVISION 3. RATES,
CHARGES, BILLING PROCEDURES."
That Section 90-137(a), of the Code of the City of Miami Beach is
hereby amended to read as follows:
190
SUBSECTION (a) Division 3. Rates, Charges, Billing Procedures.
Single-family residences, townhouses, per month 27.11 30.85
Duplex, per month per unit 27.11 30.85
Apartments, condominiums with less than 9 dwelling units,
per month per dwelling unit 22.41 26.87
SECTION 2. REPEALER.
All ordinances or parts in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this Ordinance is
held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portion of this Ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of
Miami Beach, and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of
Miami Beach, Florida. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word
191
"ordinance" may be changed to "section", "article," or other
appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days after its adoption
on the day of
, 19 , and the provisions
adopted herein shall be applied retroactively, to commence and take
effect as of October 1, 2000.
PASSED and ADOPTED this
day of , 19
MAYOR
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
A /0 1/—a
ty Attorney Dots
CITY CLERK
192
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193
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the
City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention
Center Drive, Miami Beach, Florida, on Wednesday, November 8, 2000, at the times listed below, to
consider the adoption of the following ordinances:
at 10:30 a.m.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ENTITLED "ADMINISTRATION", BY AMENDING
ARTICLE III THEREOF, ENTITLED "AGENCIES, BOARDS, AND COMMITTEES", BY AMENDING DIVISION 6, ENTITLED
"CULTURAL ARTS COUNCIL", BY AMENDING SUBSECTION 2-55(C), ENTITLED "APPOINTMENT AND TERM OF
MEMBERS"; SUBSECTION 2-55(D), ENTITLED "FILLING VACANCIES"; AND SUBSECTION 2-55(E), ENTITLED
"RENEWAL OF MEMBERS"; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE.
Inquiries may be directed to the Arts, Culture and Entertainment Department at (305) 673-7577.
at 11:15 a.m.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE, CHAPTER 90, ENTITLED "SOLID WASTE", BY AMENDING
SECTION 90-137(A), ENTITLED "APPENDIX A-FEE SCHEDULE", BY RAISING THE FEE SCHEDULE FOR CITY
COLLECTION AND DISPOSAL OF GARBAGE AND TRASH AT A RATE CONCOMITANT WITH THE RATE INCREASE ASSUMED
BY THE CITY UPON THE EXECUTION OF THE SERVICE AGREEMENT FOR THE AFOREMENTIONED SERVICES PURSUANT
TO REQUEST FOR PROPOSALS NO. 101-99/00; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
A RETROACTIVE EFFECTIVE DATE OF OCTOBER 1, 2000.
Inquiries may be directed to the Sanitation Department at (305) 673-7616.
ALL INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or
to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700
Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these
ordinances are available for public inspection during normal business hours in the City Clerk's
Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This
meeting may be continued and under such circumstances additional legal notice would not be
provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person
decides to appeal any decision made by the City Commission with respect to any matter considered
at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the appeal is to be based.
This notice does not constitute consent by the City for the introduction or admission of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise
allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodation to participate in this proceeding should contact the City Clerk's office no later
than four days prior to the proceeding, telephone (305) 673-7411 for assistance; if hearing
impaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or (800) 955-8770
(VOICE), for assistance.
194
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195
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. FN 3 - OD
TO: Mayor Nelsen 0. Kasdin and
DATE: November 8, 2000
Members of the City Commission
FROM: Jorge M. Gonzalez
City Manager FIRST READING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RELATING TO AD VALOREM
TAXATION; PROVIDING FOR AN ADDITIONAL HOMESTEAD
EXEMPTION FOR CERTAIN QUALIFYING SENIOR CITIZENS TO BE
APPLIED TO MILLAGE RATES LEVIED BY THE CITY; PROVIDING
REQUIREMENT OF ANNUAL APPLICATION AND SUBMISSION OF
SUPPORTING DOCUMENTATION TO THE MIAMI DADE COUNTY
PROPERTY APPRAISER; PROVIDING FOR WAIVER OF EXEMPTION;
PROVIDING FOR AN ANNUAL INCREASE IN THE INCOME
LIMITATION; REPEALING ALL ORDINANCES AND RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the ordinance on first reading and schedule a public hearing for second and final reading
no later than November 29, 2000.
ANALYSIS
On November 17, 1999, the Mayor and City Commission adopted Ordinance No. 99-3219 which
granted a $9,000 exemption for fiscal year 2000-2001 and directed the Administration to implement
the entire $25,000 exemption over the next two fiscal years (FY 01/02 and FY 02/03).
The Property Appraiser's office has informed us that 1,491 residents were granted the $9,000
exemption for the year 2000 tax roll. This equates to a reduction of ad valorem taxes to the City of
approximately $117,000 for fiscal year 2000-2001 as compared to last years County estimate of
$396,000.
Based on this revised impact, the Administration is recommending that the additional $16,000 be
implemented for the year 2001 tax roll and not spread over two fiscal years. The impact to the City
is an additional reduction of approximately $204,000 in ad valorem taxes for fiscal year 2001-2002
(assuming the total FY 00/01 adopted millage rate of 8.555).
DATE
AGENDA ITEM g'S-
196
Additional Homestead Exemption
for Qualified Senior Citizens
Page 2
November 18, 2000
Adoption of this ordinance will permit qualifying Miami Beach senior citizens to apply for an
additional homestead exemption of $25,000 for the January 2001 tax roll. This Ordinance must be
adopted before December 1, 2000, for implementation during fiscal year 2001-2002. Therefore, the
Administration recommends that the City Commission approve the ordinance on first reading and
schedule a public hearing for second and final reading no later than November 29, 2000.
BACKGROUND
On November 3, 1998, Florida voters passed an amendment to the Florida Constitution that will
grant an additional Homestead Exemption to qualified resident homeowners. The Amendment
authorizes the legislature to allow counties and municipalities to grant an additional homestead tax
exemption not exceeding $25,000 to persons 65 years of age or older whose annual household
income does not exceed $20,000.
Miami-Dade County adopted Ordinance 99-86 on July 27, 1999 providing for an additional
homestead exemption of $25,000 on the county portion of the tax bill for certain qualifying senior
citizens. Every person claiming this exemption must file an application with the Miami-Dade
Property Appraiser no later than March 1, of each year. In order to qualify: you must own and
reside on the property as of January 1 of the tax roll year; you must meet the eligibility requirements
for the original $25,000 homestead exemption; you must be 65 years of age on or before January 1
of the tax roll year and provide proof of age; and you must have a household income of $20,000 or
less and provide proof of income. Commencing January 1, 2001, and each January 1, thereafter, the
$20,000 annual income limitation shall be adjusted annually using the change in the average cost of
living index over the prior year. Additionally, the ordinance requires an annual submission of a
Sworn Statement of Household Income to the Property Appraiser's office annually no later than
March 1. Supporting documentation, a copy of Income Tax Return, must be submitted annually no
later than June 1.
Although the Florida Constitutional amendment was effective on January 1, 1999, and the County
passed an ordinance in July 1999, the Mayor and City Commission has to adopt an ordinance to
implement this additional exemption for certain Miami Beach qualifying senior citizens.
Based on information previously received from Miami-Dade County during September 1999, the
impact of granting this exemption in the amount of $25,000 was estimated to be a reduction of ad-
valorem tax revenue to the City of approximately $1,100,000. As such, it was recommended that
this exemption be phased in over three years as follows: $9,000 in fiscal year 2000-2001; $17,000
in fiscal year 2001-2002; and $25,000 in fiscal year 2002-2003. If the exemption was implemented
in this fashion the reduction of ad valorem taxes to the City would be $396,000 in fiscal year 2000-
2001, $748,000 in fiscal year 2001-2002, and $1,100,000 in fiscal year 2002-2003.
197
Additional Homestead Exemption
for Qualified Senior Citizens
Page 3
November 18, 2000
Miami Beach residents who claim the additional exemption must file an application with the Miami-
Dade Department of Property Appraisal which will be used for qualifying for both the County and
City exemptions. The qualification requirements for Miami Beach residents are the same as those
for Miami-Dade County as previously explained.
F: \SCMMTEMP \ SENREXEM.WPD
198
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
RELATING TO AD VALOREM TAXATION; PROVIDING
FOR AN ADDITIONAL HOMESTEAD EXEMPTION FOR
CERTAIN QUALIFYING SENIOR CITIZENS TO BE
APPLIED TO MILLAGE RATES LEVIED BY THE CITY;
PROVIDING REQUIREMENT OF ANNUAL APPLICATION
AND SUBMISSION OF SUPPORTING DOCUMENTATION
TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER;
PROVIDING FOR WAIVER OF EXEMPTION; PROVIDING
FOR AN ANNUAL INCREASE IN THE INCOME
LIMITATION; REPEALING ALL ORDINANCES AND
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 3, 1998, voters approved an amendment to the Florida
Constitution providing for an increased homestead exemption to certain qualifying senior citizens;
and
WHEREAS, the Mayor and City Commission of the City implemented the additional
homestead exemption for qualifying senior citizens in accordance with the provisions of Section
196.075 of the Florida Statutes, as created by the 1999 session of the Florida Legislature through its
enactment of HB 291, by the adoption of Ordinance No. 99-3219; and
WHEREAS, it is now necessary and desirable to eliminate the phase-in of the additional
$25,000 homestead exemption for persons over the age of 65.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, as follows:
Section 1. In accordance with the Section 6(f), Art. VII of the Florida Constitution and
Section 196.075 of the Florida Statutes, any person 65 years or over who has legal or equitable title
to real estate located within the City of Miami Beach, Florida, and maintains thereon his/her
permanent residence which residence qualifies for and receives homestead exemption pursuant to
Section 6(a), Art. VII of the Florida Constitution, and whose Household Income does not exceed
$20,000 shall be entitled to make application for an additional homestead exemption of (a) $9,000
in Fiscal Year 2000-2001, and (b) $25,000 in Fiscal Year 2001-2002, and each Fiscal Year
199
thereafter. This additional homestead exemption, if granted, shall be applicable to all ad valorem
tax millage rates levied by the City.
Section 2. Every person claiming the additional homestead exemption pursuant to this
Ordinance must file an application therefore with the Miami-Dade County Property Appraiser (the
"Property Appraiser"), not later than March 1 of each year for which such exemption is claimed.
Such application shall include a sworn statement of Household Income for all members of the
Household and shall be filed on a form prescribed by the Florida Department of Revenue. On or
before June 1 of each such year every applicant must file supporting documentation with the
Property Appraiser. Said documentation shall include copies of all federal income tax returns, wage
and earnings statements, and such other documentation as required by the Property Appraiser,
including documentation necessary to verify the income received by all of the members of the
Household for the prior year. For the purposes of this Ordinance, the terms "Household" and
"Household Income" shall have the meanings ascribed thereto in Section 196.075, Florida Statutes,
as the same may be amended from time to time.
Section 3. Failure to file the application and sworn statement by March 1 or failure to
file the required supporting documentation by June 1 of any given year shall constitute a waiver of
the additional exemption privilege for that year.
Section 4. This additional exemption shall be available commencing with the year 2001
tax roll, and the Property Appraiser may begin accepting applications and sworn statements for the
year 2001 tax roll as soon as the appropriate forms are available from the Department of Revenue.
Section 5. Commencing January 1, 2001 and each January 1 thereafter, the $20,000
annual income limitation in this Ordinance shall be adjusted annually and applicable as of January
1 of that year. The annual income limitation shall be adjusted by the percentage of change in the
average cost-of-living index for the calendar year immediately prior to that year. As used herein,
"index" shall be the average of the monthly consumer-price index figures for the stated period, for
the United States as a whole, issued by the United States Department of Labor.
Section 6. The City Clerk shall deliver a copy thereof to the Miami-Dade County
Property Appraiser within ten (10) days of the effective date of this Ordinance.
Section 7. All ordinances, including, but not limited to Ordinance No. 99-3219,
resolutions or parts thereof in conflict herewith be and the same are hereby repealed.
Section 8. If any section, sentence, clause or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this Ordinance.
FAKITCALEVIAIESO&ORD hmstd65 2000 version.wpd
October 26, 2000 (2:4IPM) 2
200
Section 9. It is the intention of the Mayor and City Commission of the City of Miami
Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part
of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
Section 10. This Ordinance shall take effect ten (10) days after its adoption on the
day of , 2000.
PASSED on First Reading this day of , 2000.
PASSED and ADOPTED on Second Reading this day of , 2000.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
/0-2-6 -00
Date City Attorney
FAATTO \LEVIARESO&OFtD \bmstd65 2000 version.wpd
October 26, 2000 (2.41PM) 3
201
CITY OF MIAMI BEACH
OFFICE OF THE MAYOR & COMMISSION
MEMORANDUM
TO: JORGE M. GONZALEZ
CITY MANAGER
FROM: MATTI HERRERA-BOWER
COMMISSIONER
DATE: OCTOBER 26, 2000
RE: HOMESTEAD EXCEPTION FOR THE ELDERLY
Please provide an update on the Homestead Exemption issue, which I brought up during the last
Commission meeting regarding the possibility of applying the whole $25,000 increase for the FY
2001-2002, opposed to the gradual distribution of exemption monies. I feel that this will benefit the
recipients of this plan.
Thank you for your attention to this matter.
MB/ept
202
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203
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fLus
COMMISSION MEMORANDUM NO. Cr(f-‘'N30
TO:
FROM:
Mayor Neisen 0. Kasdin and DATE: November 8, 2000
Members of the City Commission
Jorge M. Gonzalez
City Manager
SECOND READING PUBLIC HEARING
SUBJECT: Ordinance - Care and Maintenance of Trees
An Ordinance of the Mayor and City Commission of the City of Miami Beach,
Florida Amending Division 2, Entitled "Trees" of Article II, Entitled "Care
and Maintenance of Trees and Plants", of Chapter 46 of the Miami Beach City
Code, Entitled "Environment" by Providing for Definitions, Purpose, Scope
and Applicability, and Application Procedures Regarding Tree Permits,
Providing for Enforcement and Civil Remedies, Prohibiting Tree Abuse, and
Declaring Lethal Yellowing Disease a Public Nuisance; Providing for Inclusion
in the Code of the City of Miami Beach, Florida; Repealer; Severability; and
an Effective Date.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance upon second
reading public hearing.
ANALYSIS
The City of Miami Beach continues to undergo an intense period of construction, rehabilitation and
development. Landscaping is an aspect that not only accompanies individual projects, but is
developed in larger areas as master plans and street tree planting plans. This has heightened
awareness towards the development of a city wide urban forest. Not only do traditional
neighborhood parks reestablish their importance, but green recreational corridors linking parks
become important as they expand the shaded pedestrian experience. Large specimen trees on
private property and stands of mature trees on public property also become important in respect to
the overall city-green make-up and vie for protection.
Until now, the specifics of the City of Miami Beach Tree Code were inadequate. Expanded street
tree plantings helped promote awareness by reducing heat islands but the plantings were at times
removed from City easements by those residents who disagreed with the planting. The only
recourse to date was the intervention of the Department of Environmental Resource Management
prior to a request to remove a sizable tree on private property. The City could impose no action on
individuals who took it upon themselves to remove City tree plantings.
MAGENDA\2000 NOV0800 \REGULAR\TREESCMM.WPD
AGENDA ITEM e---C
DATE t
204
Commission Memorandum
November 8, 2000
Ordinance - Care and Maintenance of Trees
Page 2
The new language of the Tree Code will enable the City to preserve and further mitigate a more
expansive tree canopy. Studies reflect that there is a shortfall in the number of trees that exist in
Dade County to that which is needed for improved quality of life. Currently there is very little
regulatory language pertaining directly to trees contained in the City Code. Therefore, this proposed
ordinance is considered an important step in correcting the situation. It is anticipated that that the
ordinance will also be added to and improved over the upcoming years, as experience is gained in
the implementation of its provisions.
With the enactment of this ordinance, and others in the past three (3) years, the Code Compliance
Office has a concern for the budgetary implications for staffing which would enable this and other
ordinances to be enforced. It is anticipated that through collection of fees and fines, some of the costs
associated with the enforcement of the proposed ordinance may be defrayed. However, there may
be a need to increase staffing of Code Compliance officers if it is determined that the ordinances
adopted within the past year, create unmanageable amount of work for the current number of Code
Compliance officers.
On July 26, 2000, the City Commission approved the ordinance on first reading. At its October 18,
2000 meeting, the Commission reviewed the ordinance further, and opened and continued the matter
to today's meeting in order to allow staff to further revise said ordinance at the request of
Commissioner Jose Smith.
Planning Department staff has significantly revised the proposed ordinance in order to streamline
the process, and make it less onerous for single-family homeowners. The revised ordinance would
apply to only larger trees (18' or greater in width) on single-family properties, extends the time an
approval is valid for one year, and simplifies the application requirements. No application will be
required for removal of nuisance species. Appeals of the City's determination will now be to the
Special Master. Language was added addresssing property rights concerns, endeavoring to ensure
that property owners are not unduly burdened or prevented from the economic use of their property.
The changes are highlighted in the attached ordinance as double underlined text.
It should be noted that the proposed ordinance is designed to replace the current Miami-Dade County
DERM application requirements, which are somewhat more restrictive. Adoption of a City
ordinance will, in effect, transfer jurisdiction over this area from the County to the City. It is the
Administration's understanding that the City ordinance must be relatively comparable to the current
County requirements in order to secure DERM's approval of the transfer of jurisdiction to the City.
Therefore, it is recommended that the proposed ordinance be adopted without further weakening of
its regulatory provisions.
Based on the foregoing analysis, the Administration recommends that the Commission adopt the
proposed ordinance upon second reading public hearing.
RL
JMG\JGG\CB\RGL\rgl
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205
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING DIVISION 2, ENTITLED
"TREES" OF ARTICLE II, ENTITLED "CARE AND MAINTENANCE OF
TREES AND PLANTS", OF CHAPTER 46 OF THE MIAMI BEACH CITY
CODE, ENTITLED "ENVIRONMENT" BY PROVIDING FOR
DEFINITIONS, PURPOSE, SCOPE AND APPLICABILITY, AND
APPLICATION PROCEDURES REGARDING TREE PERMITS,
PROVIDING FOR ENFORCEMENT AND CIVIL REMEDIES,
PROHIBITING TREE ABUSE, AND DECLARING LETHAL YELLOWING
DISEASE A PUBLIC NUISANCE; PROVIDING FOR REPEALER;
INCLUSION IN THE CITY CODE ; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach is interested in the perpetuation, development, and
protection of the City's urban forest; and
WHEREAS the City Commission, residents, business owners, tourists, and the City
Administration understand the desirability of trees in the community; and
WHEREAS, Citywide comprehensive planning along with environmental concerns dictate
the importance and inclusion of tree planting into the City's development; and
WHEREAS, the City of Miami Beach City Commission deems it advisable to strengthen
the City Code in order to protect all aspects of urban forestry development and to provide rules and
procedures relative thereto.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Division 2, entitled "Trees" of Article II, entitled "Care and Maintenance of
Trees and Plants", of Chapter 46, entitled "Environment", of the Code of the City of Miami Beach,
Florida is hereby amended to read as follows:
Chapter 46. ENVIRONMENT
ARTICLE II. CARE AND MAINTENANCE OF TREES AND PLANTS
*
206
remedies, at the expense-of the owner or the possessor of the land, and
- -; -t of such treatment, and to enforce the lien as other liens
DIVISION 2. TREES
Sec. 46-56. Lethal—Yellowing. Definitions
preserved from dcstruction by the lethal yellow disease, is hereby found, declared, and deemed to
i — i ;Au — • • • • I
cby authorized and empowered, after due notice to
tio:— • VI
i i •
V •
• i • Thi
treating and taking such other remedial action that may be required to preserve and maintain the
r party in possession, uponreceiving such notice
hy-the-direetor ofDarks and recreation of the city, shall advise the director within a reasonable period
arc enforced.
Arborist shall mean an individual who is a specialist in the care and maintenance of trees and is
certified with the American Society of Arborists (ASA).
Caliper refers to the measurement of a tree in regards to the thickness of the trunk.
DBH is the measurement of a tree's diameter taken 4 V2' from grade, or diameter at breast height.
Drip Line shall mean an imaginary vertical line to the ground which is adjacent to the outermost
leaves of the crown of the tree.
Hatracking is an insensitive, unlawful process to remove more than 1/3 of the overall existing,
healthy tree crown which renders the tree unattractive and limits its ability to give shade.
Landmark Tree shall mean a tree of unusual historical and/or aesthetic interest usually because of
its age and size compared to others of the same species.
Nonviable refers to when an object is not capable of living growing or developing.
Parkway is a broad landscaped public thoroughfare.
Private Tree is a tree that belongs to an individual person, company or interest and is located on
private property but, in some cases, may be visible or accessible to the public.
2
II-
207
;4 • • rte of palm trees killed by the lethal yellow disease
arc found, declared and deemed to be a public nuisance, detrimental to the health, convenience,
comfort and safety of thc public; and thc creation of such a nuisance is hcrcby declared to be
be unlawful. The director of parks and
Public Tree is a tree that is accessible to or shared by all members of the community and is usually
planted on a City right- of -way or in a City park.
Public Nuisance references any tree with an infectious disease, insect or vermin problem; dead or
dying tree; a tree or limb(s) that obstruct street lights, traffic signs, the free passage of pedestrians
or vehicles• a tree that poses a threat to safety.
Right-of-Way is the strip of land over which is built a public road and which may include a sidewalk,
curb and gutter and planted grassy or landscaped strip.
Species is a class having common attributes and designated by a common name and similar form.
Specimen Tree any tree that may be noticed by reason of an individual distinguishing large character
usually measuring -82' 18" or more, in diameter, 4 V21 above ground level.
Topping refers to a pruning process to flat cut the top of a tree or to remove more than one third (1/3)
of the tree crown.
Viable means capable of living, growing and developing.
Sec. 46-57. Nuisattee. Purpose.
enforced.
The use of trees on City roadways shall be encouraged by the City through its departments and
through development of individual projects associated with the Regulatory Review process. A
uniform continuous species shall be promoted for the entire length of a City street in order to
establish and promote a visual order to the streetscape and to encourage stabilization and the increase
of property values. At times, it may be appropriate to mix varieties when creating a street tree
planting scheme. Trees will also be planted for purposes of beautification, air cooling and
purification, and noise abatement. To protect and preserve existing trees in the path of development.
To encourage the planting of appropriate species on or adjacent to the public right-of-way. To avoid
unnecessary costs in the future that may be associated with underground utility clogging, sidewalk
replacement and tree related accidents due to inappropriate planting for the amount of easement
space available. Tree plantings shall not compromise the public safety by impeding site lines at any
public roadway, path, sidewalk or driveway.
3
208
Sec. 46-58. Rid: Scope and Applicability
Trees that are the subject of review under this Division shall include those trees on all public and
private property which are designated for transplanting, pruning, relocation or removal. Trees being
considered for any of the aforementioned work shall have a diameter of eight (8) eighteen (18) inches
or greater, measured 4 'A' above grade at diameter at breast height (DBH). This Division shall apply
to all trees, including those located on the public right-of-way, regardless of size, and trees in single
family zoning districts as specified above.
shall constitute a felony.
Sec. 46-59. Reserved:. Application Processing and Review
Requirements for acquiring a permit for transplanting, pruning, relocation or removal of a tree
measuring eight (8) eighteen (18) inches or greater at DBH shall include:
1. An application form acquired from the Public Works Department, which will act as the lead
agency. The completed application will then be processed through the Planning Department, Parks
Maintenance, Environmental Resource Management Division and Parking Departments for further
review. This review will be the only requirement needed to procure a permit to transplant, prune.,
relocate or remove any tree in the City. A review by DERM will not be required.
2. A $25.00 application fee payable to the City of Miami Beach.
3. If deemed necessary a photograph, of adequate quality, of the tree proposed for review.
4. For Commercial and Multi-family property, a copy of the property survey with a marked location
of all the trees including foliage mass, caliper, and species names. In the case of a Single Family
ro ert a site sketch indicating the a roximate location of the tree is required.
5. A written description of the proposed tree work.
6. A tree maintenance company which is state licensed and insured shall show proof of their
certification at the time of application.
When an application is deemed to be complete and is approved by the Public Works Department,
a permit for work may be issued. Appeal of the Department's decision on an application shall be
to the Special Master. In historic districts, a certificate of appropriateness may also be required for
tree removal as per Sec. 118-564. If the permitted work is not completed within sixtr(-60)-elays one
(1) year from the issuance date, the permit shall become null and void. The City shall endeavor to
ensure that the .rovisions of this ordinance are not used to undul burden a ro ert owner or
prevent them from the reasonable economic use of their property.
4
209
Sec. 46-60. Reserved; Plant Material Not Requiring a Permit
Removal of the following plants is permitted without an application, but requires a site visit, rcvicw
throttgh-the-praeesa. All application and permit fees shall be waived. Planting of any of the following
plant material is prohibited.
1. Acacia auriculea `Formis', Earleaf Acacia
2. Albezzia lebbek, Woman's Tongue
3. Araucaria heterophylla, Norfolk Island Pine
4. Bischofia jauancia, Bishopwood
5. Casuarina spp., Australian Pine
6. Cupaniopsis anacardiopsis, Carrotwood
7. Melaleuca quinquenervia, Paperbark Tree
8. Metopism toxiferum, Poison Wood
9. Psidium guajava, Guava
10. Ricinus communis, Castorbean
11. Schefflera actinophylla, Queensland Umbrella Tree
12. Schinus terebinthifolius, Brazilian Pepper
Also included are any diseased, infected or nonviable (dead) trees upon confirmation by the City.
Sec. 46-61. Reserved; Enforcement/Civil Remedies
The City's Parks Maintenance Division, Public Works Department, and the Environmental Resource
Management Division in conjunction with the City's Code Compliance Department, which shall
have the power of enforcement, shall have the power to promulgate and enforce rules, regulations
and specifications concerning the trimming, spraying, removal, planting, pruning, cutting and
protection of trees citywide. The cost of repair or replacement, or the appraised dollar value of such
tree, shall be borne by the party in violation.
Any person in violation of any provision of this Code Division shall be subject to the procedures for
enforcement as set forth in sections 30-71 through 30-73 and 30-7-7 80 of the Miami Beach City
Code. Anyone found in violation of any of the provisions herein shall be subject to a maximum fine
of fifteen thousand dollars ($15.000.00) for each violation. In addition, maximum costs may be in
the amount which is necessary to replace a tree of the same size, and species, that was removed or
destroyed.
In addition to any other remedies provided by this Division, the City shall have the following judicial
remedies available for violations of this Division or any permit condition promulgated under this
Division:
5
210
(1) The City may institute a civil action in a court of competent jurisdiction to establish liability and
to recover damages for any injury caused by the removal of trees in contravention of the terms of this
article. In addition, the City shall be entitled to recover its attorney's fees and costs.
(2) The City may institute a civil action in a court of competent jurisdiction to impose and recover
a civil penalty for each violation in an amount of not more than fifteen thousand dollars ($15,000.00)
per violation. However, the court may receive evidence in mitigation. Each tree unlawfully removed
under the provisions of this Division shall constitute a separate violation hereunder. In addition, the
City shall be entitled to recover its attorney's fees and costs.
(3) The City may institute a civil action in a court of competent jurisdiction to seek injunctive relief
to enforce compliance with this Division to enjoin any violation thereof; and to seek injunctive relief
to prevent irreparable injury to the trees or properties encompassed by the terms of this Division.
In addition, the City shall be entitled to recover its attorney's fees and costs.
Sec. 46-62. Resenfed-.- Tree Abuse Prohibition
It shall be unlawful to abuse any tree located within the boundaries of the City of Miami Beach,
either public or private. The following acts shall constitute tree abuse:
Damage inflicted upon any part of a tree, including its root system, by machinery,
mechanical devices, soil compaction, excavation, intentional vehicle abuse, chemical
applications, changes to the natural grade, fire, storage or disposal of toxic or hazardous
substances, or any removal of the outer bark area.
Damage inflicted to or cutting upon a tree which permits infection or pest infestation.
Cutting upon any tree which destroys its natural shape, such as topping or hatracking.
Fastening any sign, rope, wire or object by nail, staple, chemical substance, or other
adhesive means to go on, through, or around, any tree, causing permanent damage to the tree.
Any pruning, or cutting, in violation of the practices established by the National Arborist
Association.
Any act that would cause a tree to become nonviable. Any act of tree abuse that renders a
specimen tree to be nonviable or effectively destroyed shall constitute "effective removal"
and require full compliance with this Division.
Sec. 46-63. Res'erved7 Lethal Yellowing Disease Declared a Public Nuisance.
The retention and maintenance on private property of palm trees that have been killed, or that are
dying from lethal yellowing disease are found, declared and deemed to be a public nuisance,
6
211
detrimental to the health, convenience, comfort, aesthetics and safety of the public-, and the
maintenance of such a nuisance is hereby declared to be unlawful. The failure or refusal of the owner
or party in possession of the private property to remove such dead, or dying, palm trees is also
declared to be unlawful. The City Forcstcr is hereby authorized and empowered, after reasonable
notice to the owner or persons in possession of such land, to remove such dead, or dying, palm trees
at the expense of the owner or possessor thereof, and to impose liens against such land, and to
enforce the same as special assessment liens are enforced.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. INCLUSION IN THE CITY CODE
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that
the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that
the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of , 2000.
PASSED and ADOPTED this day of , 2000.
ATTEST: MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY CLERK
CB/RGL/rgl
October 27, 2000
7
212
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213
FROM:
DATE:
RE:
NANCY LIEBMAN
VICE MAYOR
OCTOBER 19, 2000
HUMAN RIGHTS ORDINANCE
CITY OF MIAMI BEACH
OFFICE OF THE MAYOR & COMMISSION
MEMORANDUM
TO: JORGE M. GONZALEZ
CITY MANAGER
Please place the attached amended Human Rights Ordinance on the November 8 Agenda
for second reading with the support letter from the City's Community Relations Board.
NL/ml
Attachment
Agenda Item izsr
Date (( —
214
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF THE
MIAMI BEACH CITY CODE ENTITLED "HUMAN RELATIONS,"
AMENDING ARTICLE II THEREOF, ENTITLED "DISCRIMINATION,"
AMENDING DIVISION 3 THEREOF, ENTITLED "REGULATIONS," BY
AMENDING SECTION 62-90 THEREOF, TO BE ENTITLED "USE OF
MUNICIPAL FACILITIES," BY PROVIDING PROVISIONS REQUIRING
ORGANIZATIONS, CLUBS OR INDIVIDUALS WHICH SEEK A FEE
WAIVER FOR THE USE OF MUNICIPAL FACILITIES TO PROVIDE
CONFIRMATION IN WRITING THAT SAID ORGANIZATION, CLUB, OR
INDIVIDUAL DOES NOT DISCRIMINATE WITH REGARD TO PUBLIC
ACCESS TO THE MUNICIPAL FACILITY; AND BY AMENDING
SECTION 62-91 THEREOF, TO BE ENTITLED "MUNICIPAL FUNDS" BY
PROVIDING PROVISIONS REQUIRING ORGANIZATIONS OR CLUBS
WHICH SEEK MUNICIPAL FUNDS TO PROVIDE CONFIRMATION IN
WRITING THAT SAID ORGANIZATION OR CLUB DOES NOT
DISCRIMINATE; PROVIDING FOR CODIFICATION; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach recognize the
need for private organizations and clubs to utilize municipal properties for their meetings and
members' benefit; and
WHEREAS, the Mayor and City Commission further recognize that municipal properties
are held for the benefit of all of its citizens; and
WHEREAS, the Mayor and City Commission find that discrimination by private
organizations and clubs, in their use of municipal facilities is directly injurious to the health, safety
and welfare of the community; and
WHEREAS, the Mayor and City Commission find that allowing private organizations,
clubs, or individuals to obtain fee waivers to use municipal facilities, or for organizations or clubs
to obtain municipal funds, when said organizations, clubs, or individuals discriminate, would be to
condone the sponsorship of discrimination.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
215
SECTION 1. That Section 62-90 of Chapter 62 of the Miami Beach City Code entitled "Human
Relations" is hereby amended to read as follows:
CHAPTER 62. HUMAN RELATIONS
Article II. Discrimination
• *
DIVISION 3. REGULATIONS
* *
Sec. 62-90. R-eserved7 Use of Municipal Facilities.
The use of municipal facilities in the City shall be regulated pursuant to the provisions of this
section. The purpose and intent of this section is to establish legislative and administrative policies
for the non-discriminatory use of municipal facilities, which shall be defined as any and all City-
owned and operated facilities including buildings, parks, fields, and any other facility now or in the
future owned, controlled, leased, or operated by the City . All organizations. clubs, and individuals
wishing to obtain any fee waiver to use municipal facilities shall confirm in writing as follows:
I [name of organization, club, or person] the [title] of [name of
organization or club], certify that I/my organization or club will not
discriminate based on race, color, national origin, religion, sex, sexual
orientation, familial status or handicap, with regard to public access
to the municipal facility.
SECTION 2. That Section 62-91 of Chapter 62 of the Miami Beach City Code entitled "Human
Relations" is hereby amended to read as follows:
Sec. 62-91. Municipal Funds.
Municipal funding of organizations or clubs shall be regulated pursuant to this section. The
purpose and intent of this section is to establish legislative and administrative polices for the award
of municipal funds to organizations or clubs that do not discriminate in their membership or policies.
All organizations or clubs wishing to obtain municipal funding shall confirm in writing as follows:
I [name of organization or club] the [title] of [name of organization
or club], certify that my organization/club does not discriminate in its
216
membership or policies based on race, color, national origin, religion,
sex, sexual orientation, familial status, or handicap.
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of
the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section," article," or
other appropriate word.
SECTION 6. EFFECTIVE DATE
This Ordinance shall take effect on the day of , 2000.
PASSED AND ADOPTED this day of , 2000.
MAYOR
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY CLERK
FAATTO TURNNORDINANC1DISCRIM4.AIND
10/26/00
Moo
217
CITY OF MIAMI BEACH
1700 Convention Center Drive, Miami Beach, FL 33139
COMMUNITY RELATIONS BOARD
Arnie Smith
Chairperson
Grace Calvani
Vice Chair
Committee Members
Telephone 305.673.7000 Ext. 6977
Facsimile 305.673-7254
Rabbi Zvi Bercovitz
Monica Harvey
Jacque Hertz
Sharon Kersten
Marc Lichtman
Bernice Martinez
Katherine Pener
October 16, 2000
Commissioner Nancy Liebman
Miami Beach City Hall
1700 Convention Center brive
Miami Beach, Florida 33139
bear Commissioner Liebman:
C:s
C=s
C2,
C-3
Q1
-"ts
CD
OD
The Community Relations Board at their October 11, 2000 meeting passed the following
resolution unanimously.
"We, the Community Relations Board of the City of Miami Beach, Florida, unanimously
support the inclusion of the 'Use of Municipal Facilities' section of the Human Rights
Ordinance. The Community Relations Board agrees that all organizations, clubs, and
individuals wishing to use City facilities at no charge must confirm in writing that they do
not discriminate in their membership based on race, color, national origin, religion, sex,
sexual orientation, handicap, marital status, familial status, or age.
Also, the Community Relations Board of the City of Miami Beach, Florida, unanimously
recommends the adoption of an amendment to include the following: no organization, club, or
individuals who discriminate in their membership based on race, color, national origin,
religion, sex, sexual orientation, handicap, marital status, familial status, or age receive
appropriations of any kind, now or in the future, from the City of Miami Beach.
Sincerely,
Arnie Smith
Chairperson, Miami Beach Community Relations Board
218
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219
FIRST & ONLY READING - PUBLIC HEARING
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fLus
COMMISSION MEMORANDUM NO. 8C-F,S
TO: Mayor Neisen 0. Kasdin and
DATE: November 8, 2000
Members of the City Commission
FROM: Jorge M. Gonzalez
City Manager
SUBJECT: Rezoning & Future Land Use Map Change - 1733 Michigan Avenue (portion)
1) An Ordinance of the Mayor and City Commission of the City of Miami
Beach, Florida, Amending the Official Zoning District Map, Referenced in
Section 142-72 of the Code of the City of Miami Beach, Florida, by Changing
the Zoning District Classification for Lot 17, Block 20 of PALM VIEW
SUBDIVISION [Plat Book 6, Page 29] (a portion of 1733 Michigan Avenue)
from the Current Zoning District Classification RS-4 Single Family
Residential, to the Proposed Zoning District Category RM-1 Residential Multi-
family Low Intensity; Amending the Affected Portion of the City's Official
Zoning District Map to Correspond with this Change as Adopted by the City
Commission; Providing for Repealer, Severability and an Effective Date.
- and -
2) An Ordinance of the Mayor and City Commission of the City of Miami
Beach, Florida, Amending the Future Land Use Map of the City of Miami
Beach Comprehensive Plan for Lot 17, Block 20 of PALM VIEW
SUBDIVISION [Plat Book 6, Page 29] (a portion of 1733 Michigan Avenue)
from the Current Land Use Classification RS Single Family Residential, to the
Proposed Land Use Category RM-1 Residential Multi-family Low Intensity;
Directing Transmittals of this Ordinance and All Applicable Documents to
Affected Agencies; Providing for Repealer, Severability, Inclusion in the
Comprehensive Plan and an Effective Date.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission, upon this first and only public hearing,
adopt the proposed Zoning Map change and Future Land Use Map amendment.
ANALYSIS
The proposed rezoning of this single lot is a requirement of a legal settlement, between the City and
the property owner, of a Bert J. Harris act property rights claim. The ordinances would change the
zoning and future land use classification of one lot (Lot 17, Block 20 of PALM VIEW
AGENDA ITEM g5
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DATE 1 —
220
Commission Memorandum
November 8, 2000
Rezoning & Future Land Use Map Change - 1733 Michigan Avenue (portion)
Page 2
SUBDIVISION, Plat Book 6, Page 29) from RS-4 Single Family Residential to RM-1 Residential
Multi-family Low Intensity. At its April 28, 1999 meeting, designating the Palm View neighborhood
as a Historic District, the Commission directed the Administration to meet with the property owner,
former Mayor Norman Ciment, and attempt to resolve the zoning problem related to his property.
The ordinances before the City Commission today would change the zoning district classification
and future land use category for the subject single lot from single family residential to RM-1. The
lot in question is located on the east side of Michigan Avenue, just north of 17th Street (see attached
maps). The proposal to rezone the lot is the result of a settlement agreement between the City and
the property owner, Mr. Norman Ciment, stemming from a Harris Act property rights claim lodged
by the property owner against the City.
The lot in question currently is zoned RS-4 Single-Family; the zoning was changed to RS-4 from
TH Townhouse during the city wide zoning changes enacted November 4, 1998. This property is
part of the Palm View neighborhood, which was rezoned to single family residential and
subsequently designated as a historic district.
The boundary line of the area rezoned from TH Townhouse district to RS-4 Single Family
Residential as part of the comprehensive citywide rezonings enacted last year split this property
owner's building parcel into two different pieces. The south 25 feet CA of one lot) remained zoned
RM-1 as it always had been, but the north 50 feet (the subject one lot) was now rezoned to RS Single
family. The property owner brought action against the City for the hardship created by splitting his
property into two zoning districts. By rezoning the subject lot from RS Single Family to RM-1
Multi Family Low Intensity, a single building parcel would again be restored to one zoning district
classification.
Recommendations/Actions
Planning Board October 26, 1999
The Planning Board voted to recommend approval of the rezoning/future land use change.
(Vote of the Board: 4-2; Yes: Benson, Capote, Datorre, Kay; No: Lejeune, Turkel; Absent:
Schlesser).
City Commission First Reading Public Hearing July 12, 2000
The City Commission opened and continued the matter to September 13, 2000, in order to permit
the property owner, Mr. Ciment, to attend the public hearing.
City Commission First Reading Public Hearing September 13, 2000
The City Commission opened and continued the matter to November 8, 2000, in order to allow the
Administration to explore the concerns raised by neighboring property owners, to see if a restrictive
covenant can be placed on the property so it can be rezoned RM-1.
MAGENDA\2000\NOV0800\REGULARTIMENT.WPD
221
Commission Memorandum
November 8, 2000
Rezoning & Future Land Use Map Change - 1733 Michigan Avenue (portion)
Page 3
Subsequent to the September 13, 2000 Commission meeting, the property owner, Mr. Ciment,
agreed to enter into a restrictive covenant which would address some of the neighboring property
owners concerns. The declaration of restrictive covenant (attached) would limit the property owner
from applying for Conditional Use approval for several uses which he otherwise could seek to have
on the property. The uses which would be restricted are adult congregate living facilities (ACLF),
day care facilities, nursing homes, religious institutions, and schools.
The property is located within the Palm View Historic District, and any development of the site is
subject to the review and approval of the Historic Preservation Board, based upon appropriateness
and compatibility with the surrounding historic neighborhood. The most likely allowable
development would be a small residential addition to the existing house, conversion of the house into
a bed and breakfast establishment, or, less possibly, a very small multi-family townhouse or
apartment building. If the restrictive covenant is accepted as detailed above, the remaining
conditional uses allowable in the RM-1 residential multifamily, low density district would be private
and public institutions, and commercial or noncommercial parking lots and garages. However, other
sections of the Code (Sections 130-68 and 130-69) limit garages in this zoning district to serving
only residential uses, and render development of a garage highly unlikely, if not impossible. The
size of the resulting lot makes development of a permanent parking lot impractical as well. Finally,
a public or private institution could be permitted, with Planning Board Conditional Use approval,
but not any ACLF, day care or nursing home facility, nor any religious institution or school. It is
important to remember that any development would be carefully reviewed by the Historic
Preservation Board, and any Conditional Use application by the Planning Board as well. The
Administration believes that enough safeguards are built into place to fully protect the surrounding
neighborhood from inappropriate development or use of the site.
Review Criteria
In reviewing a request for an amendment to the land development regulations, the Board shall
consider the following when applicable:
1. Whether the proposed change is consistent and compatible with the comprehensive plan and
any applicable neighborhood or redevelopment plans.
Consistent - The amendment requires an amendment to the Future Land Use Map of the
Comprehensive Plan. The proposed amendment is not contrary to any
neighborhood or redevelopment plan.
MAGENDA\2000\NOV0800\REGULAR\CIMENT.WPD
222
Commission Memorandum
November 8, 2000
Rezoning & Future Land Use Map Change - 1733 Michigan Avenue (portion)
Page 4
2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby
districts.
Consistent - The amendment would change the subject lot to RM-1, which is the zoning
of the properties immediately to its south. The zoning of the subject building
parcel would then be consistent with the rest of the 17th Street Corridor.
3. Whether the change suggested is out of scale with the needs of the neighborhood or the city.
Consistent - The proposed rezoning would affect one lot only, and would be consistent
with the zoning of the 17th Street corridor directly to its south.
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure.
Partially Consistent - The proposed amendment may minimally increase the number of
vehicle trips generated by the subject property. However, the
proposed amendment is not likely to tax the existing load on public
facilities and infrastructure, as development that would be permitted
in the RM-1 Residential Multi-family Low Intensity district on a
property of this size would be of a low-intensity character.
Note that any actual proposed development on a site must first meet
concurrency, or put forward plans for traffic mitigation that will allow
the project to meet concurrency; an initial concurrency finding would
most likely take place at the Design Review stage of a project.
5. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change.
Consistent - The entire Palm View neighborhood has now been rezoned to single-family
residential and designated historic. This one lot, which borders on the RM-1
district to the south of the single family area, is part of a single building
parcel which is partly zoned RM-1 and partly zoned single family. By
effectuating this proposed change, the building parcel becomes all one
zoning, and fits in with the 17th Street corridor to its immediate south.
TAAGENDA\2000\NOV0800\REGULARTIMENT.WPD
223
Commission Memorandum
November 8, 2000
Rezoning & Future Land Use Map Change - 1733 Michigan Avenue (portion)
Page 5
6. Whether changed or changing conditions make the passage of the proposed change
necessary.
Consistent - The recent zoning change to the Palm View neighborhood created a split
zoning on this property owner's building parcel.
7. Whether the proposed change will adversely influence living conditions in the neighborhood.
Consistent - The proposed amendment should not adversely influence living conditions
in the neighborhood to a great degree, as the size of the rezoned area is only
one lot.
8. Whether the proposed change will create or excessively increase traffic congestion beyond
the levels of service as set forth in the comprehensive plan or otherwise affect public safety.
Consistent - The Administration is of the opinion that the LOS for the area traffic may be
affected slightly over time by this proposed amending ordinance. However,
any project approved in the district will require a concurrency review at the
time design review applications are made and will need to mitigate traffic
impacts.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
Consistent - The proposed change should not reduce access to light and air. The
development regulations for the proposed RM-1 district are of a low intensity
nature, with a height limit of 40 feet in this historic district.
10. Whether the proposed change will adversely affect property values in the adjacent area.
Consistent - Staff is of the opinion that property values in the adjacent areas would not be
negatively affected by the proposed amendment. Indeed, settlement of the
Harris Act claim would bring stability and certainty to the rest of the
neighborhood.
MAGENDA\2000\NOV0800\REGULARTIMENT.WPD
224
Commission Memorandum
November 8, 2000
Rezoning & Future Land Use Map Change - 1733 Michigan Avenue (portion)
Page 6
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
Consistent - The proposed amendment will not change the development regulations for
adjacent sites which must comply with their own site specific development
regulations. Furthermore, the proposed ordinance should not affect the
ability for an adjacent property to be developed in accordance with said
regulations.
12. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
Consistent - The rezoning of the Palm View neighborhood rendered the property owner's
building parcel zoned partially for single family and partially for multifamily.
In order to be able to use the property in a proper fashion, the zoning should
be changed to one zoning district classification.
13. Whether it is impossible to find other adequate sites in the city for the proposed use in a
district already permitting such use.
Consistent - N/A
Please note that this is the first and only public hearing the Commission will have regarding the
proposed rezoning/land use map change; there is no second reading. As per state statute, the Land
Development Regulations and the Comprehensive Plan specify a different procedure for adoption
of zoning/land use map amendments for parcels of property under ten (10) acres in size. All
neighbors within 375 feet of the property were notified of the public hearing by mail. Following the
one required public hearing, the amendment may be immediately adopted by the Commission.
The property owner has proferred a covenant in which he would voluntarily forgo the ability to apply
for several otherwise allowable Conditional Uses. Based on the foregoing analysis, the
Administration recommends that the Commission adopt, upon this first and only public hearing, the
proposed zoning map and future land use map change, as it would provide for mutual agreement and
completion of the settlement agreement between the property owner and the City of Miami Beach,
without creating any significant negative impacts on the surrounding neighborhood.
JMG\ G\RGL\rgl
MAGENDA \2000 NOV0800 \REGULARTIMENT.WPD
225
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING THE OFFICIAL ZONING DISTRICT MAP,
REFERENCED IN SECTION 142-72 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE
ZONING DISTRICT CLASSIFICATION FOR LOT 17,
BLOCK 20 OF PALM VIEW SUBDIVISION [PLAT BOOK 6,
PAGE 29] (A PORTION OF 1733 MICHIGAN AVENUE)
FROM THE CURRENT ZONING DISTRICT
CLASSIFICATION RS-4 SINGLE FAMILY RESIDENTIAL,
TO THE PROPOSED ZONING DISTRICT CATEGORY RM-1
RESIDENTIAL MULTI-FAMILY LOW INTENSITY;
AMENDING THE AFFECTED PORTION OF THE CITY'S
OFFICIAL ZONING DISTRICT MAP TO CORRESPOND
WITH THIS CHANGE AS ADOPTED BY THE CITY
COMMISSION; PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Norman and Joan Ciment own properties located at 1733 Michigan Avenue
and 1735 Michigan Avenue; and
WHEREAS, on November 4, 1998, the City rezoned numerous properties throughout the
City, including the Ciment properties, to ensure that the City's zoning designations were compatible
with the City's built environment, and for other reasons consistent with the public health, safety and
welfare; and
WHEREAS, on or about January 19, 1999, Norman and Joan Ciment filed a Bert J. Harris
Act claim with regard to the subject properties with the City of Miami Beach, Florida; and
WHEREAS, the Harris Act makes specific provision for settlement procedures, and the City
and the property owner desire to settle all claims with regard to the Harris Act claim; and
WHEREAS, the City staff has reviewed the Harris Act claim filed on the subject properties,
and has recommended to the City Planning Board that a redesignation of the zoning classification
on the subject properties from the existing zoning district classification RS-4 Single Family
Residential, to the proposed zoning district classification RM-1 Residential Multi-family Low
Intensity would be consistent with the public health, safety and welfare; and
WHEREAS, amending the zoning of said properties as more particularly described below,
from the current zoning district classification RS-4 single family residential, to the proposed zoning
district classification RM-1 Residential Multi-family Low Intensity, as provided herein is necessary
to provide for mutual agreement and completion of the settlement agreement between the property
226
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
d
City Attorney Date
CITY CLERK
F: \PLAN\$PLB \ OCT \ CIMT142411424A.ORD
owner and the City of Miami Beach, without creating any significant negative impacts on the
surrounding neighborhood;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENTS OF ZONING DISTRICTS AND MAP OF
COMPREHENSIVE ZONING ORDINANCE.
That the Mayor and City Commission hereby amend the Zoning Districts and Zoning District
Map of City of Miami Beach referenced in Section 142-72 of the Code of the City of Miami Beach,
Florida, by changing the zoning district classification for Lot 17, Block 20 of Palm View Subdivision
[Plat Book 6, Page 29] (A Portion of 1733 Michigan Avenue); from the existing zoning district
classification RS-4 Single Family Residential, to the proposed zoning district classification RM-1
Residential Multi-family Low Intensity.
SECTION 2. REPEALER.
That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on the day of , 199 .
PASSED and ADOPTED this day of , 199 .
ATTEST:
MAYOR
227
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP OF THE CITY
OF MIAMI BEACH COMPREHENSIVE PLAN FOR LOT 17,
BLOCK 20 OF PALM VIEW SUBDIVISION [PLAT BOOK 6,
PAGE 291 (A PORTION OF 1733 MICHIGAN AVENUE)
FROM THE CURRENT 'LAND USE CLASSIFICATION RS
SINGLE FAMILY RESIDENTIAL, TO THE PROPOSED
LAND USE CLASSIFICATION RM-1 RESIDENTIAL MULTI-
FAMILY LOW INTENSITY; DIRECTING TRANSMITTALS
OF THIS ORDINANCE AND ALL APPLICABLE
DOCUMENTS TO AFFECTED AGENCIES; PROVIDING FOR
REPEALER, SEVERABILITY, INCLUSION IN THE
COMPREHENSIVE PLAN AND AN EFFECTIVE DATE.
WHEREAS, Norman and Joan Ciment own properties located at 1733 Michigan Avenue
and 1735 Michigan Avenue; and
WHEREAS, on November 4, 1998, the City redesignated the future land use classification
for numerous properties throughout the City, including the Ciment properties, to ensure that the
City's zoning designations were compatible with the City's built environment, and for other reasons
consistent with the public health, safety and welfare; and
WHEREAS, on or about January 19, 1999, Noiivan and Joan Ciment filed a Bert J. Harris
Act claim with regard to the subject properties with the City of Miami Beach, Florida; and
WHEREAS, the Harris Act makes specific provision for settlement procedures, and the City
and the property owner desire to settle all claims with regard to the Harris Act claim; and
WHEREAS, the City staff has reviewed the Harris Act claim filed on the subject properties,
and has recommended to the City Planning Board that a redesignation of the future land use
classification on the subject properties from the existing future land use classification RS Single
Family Residential, to the proposed future land use classification RM-1 Residential Multi-family
Low Intensity would be consistent with the public health, safety and welfare; and
WHEREAS, amending the future land use classification of said properties as more
particularly described below, from the current future land use category RS single family residential,
to the proposed future land use category RM-1 Residential Multi-family Low Intensity, as provided
herein is necessary to provide for mutual agreement and completion of the settlement agreement
between the property owner and the City of Miami Beach, without creating any significant negative
impacts on the surrounding neighborhood;
228
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
ity Attorney v Date
CITY CLERK
F: \PLAN \SPLMOCT\CIMT1424\1424B.ORD
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF FUTURE LAND USE MAP OF CITY OF MIAMI BEACH
COMPREHENSIVE PLAN.
That the Mayor and City Commission hereby amend the Future Land Use Map of the City
of Miami Beach Comprehensive Plan, by changing the land use designation for Lot 17, Block 20 of
Palm View Subdivision [Plat Book 6, Page 29] (A Portion of 1733 Michigan Avenue); from the
existing Future Land Use Category RS Single Family Residential, to the proposed Future Land Use
Category RM-1 Residential Multi-family Low Intensity.
SECTION 2. REPEALER.
That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on the day of , 199 .
PASSED and ADOPTED this day of , 199 .
ATTEST:
MAYOR
229
This instrument prepared by:
Gary M. Held, Esq.
First Asst. City Attorney
1700 Convention Center Drive - 4th Floor
Miami Beach, Florida 33139
DECLARATION OF RESTRICTIVE COVENANTS
KNOW ALL BY THESE PRESENTS that the undersigned Owners hereby make, declare
and impose on the land herein described, the following covenants and restrictions running with the
title to the land, which shall be binding on the Owners, their heirs, successors and assigns, personal
representatives, mortgagees, lessees, and against all persons claiming by, through or under them;
WHEREAS, Owners hold the fee simple title to the land in the City ofMiami Beach, Florida,
described as follows, and hereinafter called the "Property":
Lot 17 and the north 'A of lot 18, Block 20, Palm View Subdivision,
according to the plat thereof, as recorded in Plat Book 6, Page 29, of
the Public Records of Miami-Dade County, Florida, also known as
1733 Michigan Avenue.
WHEREAS, the Owners have applied to the City of Miami Beach to rezone a portion of the
subject property to unify the zoning on the property as RM-1; and
WHEREAS, the Owners have given assurances to the City Commission and adjacent and
neighboring property owners that they will not seek to use the property for certain uses permitted in
the land development regulations of the City; and
WHEREAS, the Owners with to confirm those assurances through this Declaration of
Restrictive Covenants ("Declaration"), which shall be recorded in the public records and be binding
on the present and future owners of the property;
NOW THEREFORE, in consideration of the premises, the Owners hereby agree as follows:
1. If the Property is rezoned to RM-1, the Owners will not apply for the following
conditional uses that otherwise could have been permitted by the City's Planning Board after public
hearing in the RM- 1 zoning district according to the City's land development regulations: adult
congregate living facility, day care facility, nursing home, religious institution, and schools.
2. The provisions of this instrument shall become effective upon their recordation in the
public records of Miami-Dade County, Florida, and shall continue in effect for a period of thirty (30)
Page 1 of 4
230
Declaration of Restrictive Covenants
years after the date of such recordation, after which time they shall be extended automatically for
successive periods of ten (10) years each, unless released in writing as hereinafter provided, upon
the demonstration and affirmative finding that the same is no longer necessary to preserve and
protect the Property and the neighborhood for the purposes herein intended.
3. The provisions of this instrument may be amended, modified or released if so
approved by the City Commission of the City of Miami Beach after public hearing. Mailed notice
of such public hearing shall be given to property owners within 375 feet of the subject property. If
the City Commission approves an amendment, modification or release, a written instrument
reflecting such change shall be executed by the then Owner or Owners of the Property, with joinders
by all mortgagees, if any, as appropriate, and the Director of the Department of Planning or his
successor, shall forthwith execute the written instrument effectuating, confirming and acknowledging
such amendment, modification or release.
4. Enforcement shall be by action against any parties or persons violating or attempting
to violate any covenants herein. The prevailing party to any action or suit pertaining to or arising out
of this Declaration shall be entitled to recover, in addition to costs and disbursements, allowed by
law, such SUM as the Court may adjudge to be reasonable for the services of his attorney. This
enforcement provision shall be in addition to any other remedies available at law, in equity or both.
S. Invalidation of any of these covenants by judgment of Court shall not affect any of
the other provisions, which shall remain in full force and effect.
6. This Declaration shall be recorded in the public records ofMiami-Dade County at the
Owners' expense.
7. All rights, remedies and privileges granted herein shall be deemed to be cumulative
and the exercise of any one or more shall neither be deemed to constitute an election of remedies,
nor shall it preclude the party exercising the same from exercising such other additional rights,
remedies or privileges.
8. In the event of a violation of this Declaration, in addition to any other remedies
available, the City of Miami Beach is hereby authorized to withhold any future permits, and refuse
to make any inspections or grant any approval, until such time as this Declaration is complied with.
Signed, witnessed, executed and acknowledged on this 24 day of 0 ch 2000.
Witnesses: Norman Ciment
.0101110(.. APO • .
; WIPP'
Page 2 of 4
231
Notary Public-State of ."\c>it:.
Declaration of Restrictive Covenants
Joan Ciment
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by Norman Ciment who is personally
known to me or has produced,\rectS L.N.c . , as identification.
Witness my signature and official seal this )-(z, day of 0 C1.-1 , 2000, in the County and State aforesaid.
Stacy Eldredge
%Commission # 030 902340
Expires Feb. 26, 2004
Bond ad Thru
Atlantic Bonding Co., Inc.
My Commission Expires:
Page 3 of 4
232
,,,, Stacy Eldredge
_Commission #F CC 902340
'z Expires Feb. 26, 2004
F Bonded Thru
Atlantic Bonding Co., Inc.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
/ 6 - 2-7— o7./
Date
Declaration of Restrictive Covenants
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by Joan Ciment, who is personally
known to me or has produced yr-a 5 c . , as identification.
Witness my signature and official seal this 2k day of nC;kcit,1==to (z_ , 2000, in the County and State aforesaid.
My Commission Expires:
cz.e- ‘-e Print Name
FAATTOWELG1Forms\Cinientcov.wpd
Page 4 of 4
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236
THIS PAGE INTENTIONALLY LEFT BLANK
237
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
httpMci.miami-beach.fl.us
ate COMMISSION MEMORANDUM NO. C‘-DO -
TO: Mayor Neisen 0. Kasdin and
DATE: November 8, 2000
Members of the City Commission
FROM: Jorge M. Gonzalez
City Manager SECOND READING AND FINAL HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ESTABLISHING A TEMPORARY ONE HUNDRED
AND EIGHTY (180) DAY MORATORIUM ON THE ISSUANCE OF ALL PAY
TELEPHONE PERMITS, INCLUDING RENEWAL PERMITS, WHICH SHALL
AUTOMATICALLY DISSOLVE UPON THE EARLIER OF THE EXPIRATION
OF THE ONE HUNDRED AND EIGHTY (180) DAY PERIOD OR UPON THE
FINAL RESOLUTION OF ALL PENDING LITIGATION AGAINST THE CITY OF
MIAMI BEACH WITH REGARD TO PAY TELEPHONES; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Adopt the Ordinance.
ANALYSIS:
On September 23, 1998, the City Commission referred the issue of the placement of pay telephones in the
right-of-way to the Land Use and Development Committee, for review and discussion.
At the Land Use and Development Committee meeting on October 19, 1998, there was discussion on the
proliferation of pay telephones in the right-of-way; bidding for a franchise agreement for public pay
telephones; and other related issues such as distance separation, crime and clutter. The Committee
determined that a master site survey of pay telephones needed to be developed, and further that there
should be a temporary moratorium on the issuance of all pay telephone permits for a ninety (90) day period,
while a plan was formulated to address these issues.
The Committee's report was presented at the October 21, 1998 commission meeting. The City
Commission directed the Administration and the City Attorney to prepare an ordinance establishing such
a moratorium. A first reading/public hearing was held on November 4, 1998. A second reading/public
hearing was held on December 2, 1998 where the Ordinance was adopted for the initial ninety (90) day
period.
AGENDA ITEM /Z..5 h
DATE (--- r -60
238
At the Land Use and Development Committee meeting of January 25, 1999, the Administration was
directed to prepare a Request for Proposals (RFP) for the placement of pay telephones in the public right-
of-way and on City properties. The requirements of the RFP include a City map showing locations for pay
telephones based on the specified placement specifications.
A second Ordinance establishing a further moratorium of one hundred and fifty (150) days was approved
on first reading/public hearing on April 18, 1999 and adopted on second reading/public hearing on May
12, 1999. This second extension to the moratorium was necessary to allow the Administration sufficient
time to issue the RFP and receive proposals.
The RFP was issued on May 18, 1999 and one response was received on July 15, 1999. The response was
presented to the City Commission on September 1999 and the Administration was directed not to award
the franchise agreement to the sole proposer and instead to continue trying to amend the existing Ordinance
and to continue trying to resolve the litigation with the pay telephone operators.
On February 9, 2000, an Ordinance extending the moratorium on the issuance of all pay telephone permits
was approved on second hearing. An Ordinance further extending the moratorium was approved on July
12, 2000. This moratorium will now expire and the litigation process has not been finalized.
The attached ordinance provides for another temporary one hundred and eighty (180) day moratorium on
the issuance of all pay telephone permits including new pay telephones as well as renewal permits. This
period of abeyance is necessary to allow for the final resolution of all pending litigation against the City
of Miami Beach, with regard to pay telephones and to allow for further amendments to the City Code
pertaining to pay telephones within the City. Should this issue be resolved sooner than one hundred and
eighty (180) days, the resolution allows for the moratorium to be automatically dissolved.
Pending the final resolution of all pending litigation with regard to pay telephones, the Mayor and City
Commission of the City of Miami Beach should adopt the proposed Ordinance establishing a one hundred
and eighty (180) day moratorium extension on the issuance of all pay telephone permits, including renewal
permits, on final earing.
JM a A/IDS JE
FAWORIO$ALL\PAYPH ERS NORATOR6.WPD
239
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING A TEMPORARY
ONE HUNDRED AND EIGHTY (180) DAY MORATORIUM ON THE
ISSUANCE OF ALL PAY TELEPHONE PERMITS, INCLUDING
RENEWAL PERMITS, WHICH SHALL AUTOMATICALLY DISSOLVE
UPON THE EARLIER OF THE EXPIRATION OF THE ONE HUNDRED
AND EIGHTY (180) DAY PERIOD OR UPON THE FINAL RESOLUTION
OF ALL PENDING LITIGATION AGAINST THE CITY OF MIAMI BEACH
WITH REGARD TO PAY TELEPHONES; PROVIDING FOR REPEALER;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has recently amended its City Code provisions
relating to the placement of pay telephones on private property and is considering further
amendments to the City Code pertaining to the placement of pay telephones on private and public
property; and
WHEREAS, the City of Miami Beach is currently involved in litigation regarding the
placement of pay telephone within the City; and
WHEREAS, a temporary moratorium on the issuance of all pay telephone permits,
including renewal permits, which shall automatically dissolve upon the earlier of one hundred and
eighty (180) days or the final resolution of all pending litigation against the City with regard to pay
telephones, is necessary in order for consistency of enforcement with respect to pay telephones
within the City and to allow for further amendments to the City Code to address concerns relating
to the placement of pay telephones within the City; and
WHEREAS, the Mayor and City Commission desire to provide for a temporary one hundred
and eighty (180) day moratorium to ensure that, pending the final resolution of all legal issues and
the consideration of City Code amendments pertaining to the placement of pay telephones,
additional pay telephone permits are not issued for new pay telephones or for renewal permits in the
City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
Section 1. That a temporary one hundred and eighty (180) day moratorium is hereby established
as follows:
240
A temporary one hundred and eighty (180) day moratorium shall be imposed as of the
Effective Date of this Ordinance for the issuance of all pay telephone permits, including renewal
permits, in the City of Miami Beach. The moratorium shall automatically dissolve upon the earlier
of the one hundred and eighty (180) day period or upon the final resolution of all litigation against
the City of Miami Beach with regard to pay telephones.
Section 2. Codification
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the Code
of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or
other appropriate word.
Section 3. Repealer
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
Section 4. Severability
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
Section 5. Effective Date.
This Ordinance shall be effective within ten (10) days after its adoption.
PASSED AND ADOPTED this day of , 2000.
ATTEST: MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY CLERK
FAWORKA$ALLTAYPHONEEETTERS ORDINAN7.WPD
6/5/00
241
CITY OF MIAMI BEACH
NOTICE OF A PUBLIC HEARING
ON
CITYWIDE PAY TELEPHONE PERMIT MORATORIUM
NOTICE IS HEREBY given that a public hearing will be held by the
City Commission of the City of Miami Beach, on Wednesday,
November 8, 2000, at 5:05 p.m., in the Commission Chambers, 3rd
floor, City Hall, 1700 Convention Center Drive, Miami Beach,
Florida.
During this meeting, the City Commission will hold a second
reading, public hearing to consider the following:
AN ORDINANCE ESTABLISHING A TEMPORARY ONE HUNDRED AND EIGHTY (180)
DAY MORATORIUM ON THE ISSUANCE OF ALL PAY TELEPHONE PERMITS,
INCLUDING RENEWAL PERMITS, WHICH SHALL AUTOMATICALLY DISSOLVE UPON
THE EARLIER OF THE EXPIRATION OF THE ONE HUNDRED AND EIGHTY (180)
DAY PERIOD OR UPON THE FINAL RESOLUTION OF ALL LITIGATION AGAINST
THE CITY OF MIAMI BEACH WITH REGARD TO PAY TELEPHONES; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE.
All persons are invited to appear at this meeting or be represented
by an agent, or to express their views in writing addressed to the
City Commission c/o the City Clerk, 1700 Convention Center Drive,
1st Floor, City Hall, Miami Beach, Florida 33139. A copy of this
ordinance is available for public inspection during normal business
hours in the City Clerk's Office. Inquiries may be directed to the
Public Works Department at (305) 673-7080. The above item may be
continued at this meeting and, under such circumstances, additional
legal notice would not be provided. Any person may contact the
City Clerk at (305) 673-7411 for information as to the status of
this item as a result of the meeting.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public
that: if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at its meeting or its hearing, such person must
ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. This notice
does not constitute consent by the City for the introduction or admission of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges
or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing
special accommodation to participate in this proceeding should contact the City
Clerk's office no later than four days prior to the proceeding. Telephone (305)
673-7411 for assistance; if hearing impaired, telephone the Florida Relay Service
numbers, (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance.
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. 0.0 -O
TO: Mayor Neisen 0. Kasdin and DATE: November 8, 2000
Members of the City Commission
FROM: Jorge M. Gonzalez
City Manager & ONLY READING - PUBLIC HEARING
SUBJECT: Rezoning - Monad Terra6e
An Ordinance of the Mayor and City Commission of the City of Miami Beach,
Florida, Amending the Official Zoning District Map, Referenced in Section
142-72 of the Code of the City of Miami Beach, Florida, by Changing the
Zoning District Classification for the properties fronting on Monad Terrace
from the Current Zoning District Classification RM-2 Residential Multi-
family Medium Intensity, to the Proposed Zoning District Category RM-3
Residential Multi-family High Intensity; Amending the Affected Portion of the
City's Official Zoning District Map to Correspond with this Change as
Adopted by the City Commission; Providing for Repealer, Severability and an
Effective Date.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission, upon this first and only public hearing,
adopt the proposed Zoning Map change.
ANALYSIS
The subject site is Monad Terrace, located between West Avenue on the east and Biscayne Bay on
the west. The thirty-three (33) story apartment building, formerly known as the Parkshore and now
known as the Waverly, is currently under construction directly adjacent to the north of the subject
site. The site currently consists of one block of single family homes and low-rise 2 story
apartments.
In November 1998, the subject property, along with the Parkshore/Waverly property to the north,
was rezoned as part of the City's comprehensive citywide zoning efforts which downzoned 28
separate areas throughout the City. The subject property was rezoned from RM-3 Residential
Multi-family High Intensity to RM-2 Residential Multi-family Medium Intensity. Subsequently,
while reviewing the Future Land Use Plan amendments necessary to effectuate last year's zoning
changes, the Planning Board at its meeting of February 23, 1999 decided not to recommend
redesignation of that area from RM-3 to RM-2 on the Future Land Use Map, citing the presence
of the existing Parkshore/Waverly building on part of the area, which would be rendered non-
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Commission Memorandum
November 8, 2000
Rezoning - Monad Terrace
Page 2
conforming by the change. The City Commission, at its March 17, 1999 meeting, agreed with the
Planning Board, and refrained from changing the land use designation from R1VI-3 to RM-2. The
effect of this decision is that the property is zoned RM-2 on the zoning map, but designated RM-3
on the Future Land Use Map.
In recognition that the Planning Board and the City Commission may have rethought the rezoning
of the subject property, the owners of the neighboring Parkshore/Waverly property then applied to
be rezoned from RM-2 back to RM-3; however, the application did not include Monad Terrace. The
requested upzoning for the Parkshore/Waverly was approved by the City Commission on January
26, 2000; during the public hearing process, residents of Monad Terrace argued that their property
should be upzoned as well, because of the incompatibility of their low intensity properties with the
adjacent high-intensity development (see attached letters from Monad Terrace residents association).
At the December 15, 1999 first reading public hearing, the City Commission directed that the
rezoning of Monad Terrace be referred to the Planning Board. The motion was made by
Commissioner Liebman, seconded by Commissioner Bower, and approved by a 7-0 voice vote.
At its September 26, 2000 meeting, the Planning Board unanimously recommended approval of the
proposed zoning map change.
The property is currently zoned RM-2 Residential Multi-family Medium Intensity. The Land
Development Regulations of the City Code specify the following development regulations for this
property located in the RM-2 zoning district:
Maximum Floor Area Ratio (FAR): 2.0
Maximum Building Height: 140 feet / 15 stories
If the property was rezoned to the RM-3 Multi-family High Intensity zoning district the applicable
development regulations would be as follows:
Maximum Floor Area Ratio (FAR): 2.75
Maximum Building Height: 150 feet / 16 stories
It should be noted that a building the size of the adjacent Parkshore/Waverly building could not be
constructed today. That building received approval several years previously, at which time the
development regulations allowed a building of this size to be constructed in the RM-3 zoning
district. However, the subsequent comprehensive downzoning undertaken by the City in the past
several years has reduced the allowable development to a much more modest level.
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Commission Memorandum
November 8, 2000
Rezoning - Monad Terrace
Page 3
Also note that the proposed upzoning would not require a referendum since the maximum
permissible FAR would still be less that which was in place in June 4, 1997.
In reviewing a request for an amendment to the land development regulations, the Planning Board
considered the following when applicable:
1. Whether the proposed change is consistent and compatible with the comprehensive plan and
any applicable neighborhood or redevelopment plans.
Consistent - The amendment does not require an amendment to the Future Land Use Map
of the Comprehensive Plan, as the property is designated RM-3 Residential
Multi Family High Intensity on the adopted Future Land Use Map.
Accordingly, the proposed change from RM-2 to RM-3 on the Zoning Map
conforms to an intensity that is contemplated in the Comprehensive Plan.
The amendment is not contrary to any neighborhood or redevelopment plan.
Regarding the 1997 charter amendment in regards to waterfront properties,
requiring a referendum for the increase of zoned floor area ratio (FAR) above
that which existed at the date of the charter amendment (June 4, 1997), the
base FAR for the RM-3 district as of that date was 3.50. Subsequently, the
City reduced FAR for many zoning districts, including the RM-2 and RM-3
districts. Currently, the FAR for the RM-3 district is 2.75; therefore, this
proposed rezoning does not increase the FAR over that which existed as of
the date of the charter amendment, and consequently, does not require a
referendum.
2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby
districts.
Consistent - The property is currently adjacent to the RM-3 district to both the north and
south. The proposed amendment would reduce the isolated nature of the
zoning.
3. Whether the change suggested is out of scale with the needs of the neighborhood or the city.
Consistent - The RM-3 zoning designation is compatible with most of the neighboring
properties to the north and south. The Monad Terrace properties are not in
scale with the intense nature of the RM-3 zoning district directly adjacent to
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Commission Memorandum
November 8, 2000
Rezoning - Monad Terrace
Page 4
the north and south. The site continues to be designated RM-3 on the Future
Land Use Map. Monad Terrace's single-family houses and low-scale
apartments have been surrounded by more intense residential development.
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure.
Consistent - The proposed change could impact upon the circulation of vehicular traffic
on the City's roadway network. However, a traffic study would be required
to be submitted as part of any future development application, and the
development on the site would have to meet concurrency, which would
probably require that any new development project enter into a mitigation
development agreement with the City of Miami Beach.
5. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change.
Partially Consistent - The existing designation of RM-2 is inconsistent with the RM-3
future land use designation of the subject property, and inconsistent
with the existing conditions on the adjacent property, and the majority
of bayfront property in this area, which is zoned RM-3 and is
characterized by high intensity multi-family residential development.
However, the existing conditions on the subject property are more in
keeping with a very low intensity zoning designation such as RM-1.
Neither the present RM-2 zoning, or the proposed RM-3 zoning, is
particularly related to the existing conditions on the subject site.
6. Whether changed or changing conditions make the passage of the proposed change
necessary.
Consistent - The subject property was downzoned from RM-3 to RM-2 as part of the
comprehensive citywide rezoning, but subsequently retained as RM-3 on the
Future Land Use Map by the Planning Board and City Commission.
Rezoning the property back to RM-3 would acknowledge the existence of the
high intensity development existing or being constructed directly adjacent to
the site, and eliminate the disparity between the zoning map and the Future
Land Use Map.
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Commission Memorandum
November 8, 2000
Rezoning - Monad Terrace
Page 5
7. Whether the proposed change will adversely influence living conditions in the neighborhood.
Partially Consistent - The proposed amendment should not adversely influence living
conditions in the neighborhood any more than is currently occurring
as a result of the construction of the building next door.
8. Whether the proposed change will create or excessively increase traffic congestion beyond
the levels of service as set forth in the comprehensive plan or otherwise affect public safety.
Consistent - The proposed change could have an impact upon traffic circulation which
may effect levels of service (LOS); however, as stated above, any
development project proposed for construction will have an impact, but will
be mitigating these impacts by improvements contemplated within a signed
mitigation development agreement.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
Partially Consistent - The proposed change may slightly reduce access to light and air if a
development project is ultimately undertaken on the property, as the
maximum allowable height for buildings will be 10 feet higher, and
the allowable floor area would increase somewhat. However, as
noted above, the citywide downzoning initiative undertaken by the
City in the past several years has drastically reduced the allowable
development potential of the proposed RM-3 zoning district.
10. Whether the proposed change will adversely affect property values in the adjacent area.
Consistent - The Administration is of the opinion that property values in the adjacent areas
would not be negatively affected by the proposed amendment; the
development of the adjacent Parkshore/Waverly building as new luxury
apartments is an example of how this proposed change could further enhance
surrounding values.
T:\AGENDA\2000 \NOV0800 \REGULARNONAD.WPD
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Commission Memorandum
November 8, 2000
Rezoning - Monad Terrace
Page 6
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
Consistent - The proposed amendment will not deter development on adjacent sites. The
proposed rezoning should not affect the ability for an adjacent property to be
developed in accordance with said regulations.
12. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
Consistent - Clearly the existing low-scale residential uses can continue under any current
or potential zoning. However, the residents of Monad Terrace, who have
requested this zoning change, have made a case that they are effectively
surrounded by higher buildings and more intense zoning designations. Their
case is a difficult one, as they originally opposed the high intensity
development currently being constructed adjacent to them.
The residents of Monad Terrace have seen the development progress, and
have felt increasingly isolated as the last low-rise area along this section of
the bayfront. They have felt that the downzoning has affected them by
allowing development around them, while maintaining their unique area as
they only lower intensity zoning along this corridor. Their argument for
rezoning is primarily one of property values, and they believe that the value
of their property would be increased if they were returned to their original
RM-3 zoning.
13. Whether it is impossible to find other adequate sites in the city for the proposed use in a
district already permitting such use.
Not Applicable
Please note that this is the first and only public hearing the Commission will have regarding the
proposed rezoning/land use map change; there is no second reading. As per state statute, the Land
Development Regulations and the Comprehensive Plan specify a different procedure for adoption
of zoning/land use map amendments for parcels of property under ten (10) acres in size. All
neighbors within 375 feet of the property were notified of the public hearing by mail. Following the
one required public hearing, the amendment may be immediately adopted by the Commission.
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Commission Memorandum
November 8, 2000
Rezoning - Monad Terrace
Page 7
Based on the foregoing analysis, the Administration recommends that the Commission adopt, upon
this first and only public hearing, the proposed zoning map change, as the property is now
surrounded by intense RM-3 development, and as the Planning Board and the City Commission have
recently declined to redesignate the property to RM-2 on the Future Land Use Map.
JMG\ GG\RGL\rgl
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING THE OFFICIAL ZONING DISTRICT MAP,
REFERENCED IN SECTION 142-72 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE
ZONING DISTRICT CLASSIFICATION FOR THE
PROPERTIES FRONTING ON MONAD TERRACE,
BETWEEN BISCAYNE BAY AND WEST AVENUE, FROM
THE CURRENT ZONING DISTRICT CLASSIFICATION RM-
2 RESIDENTIAL MULTI-FAMILY MEDIUM INTENSITY, TO
THE PROPOSED ZONING DISTRICT CATEGORY RM-3
RESIDENTIAL MULTI-FAMILY HIGH INTENSITY;
AMENDING THE AFFECTED PORTION OF THE CITY'S
OFFICIAL ZONING DISTRICT MAP TO CORRESPOND
WITH THIS CHANGE AS ADOPTED BY THE CITY
COMMISSION; PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, amending the zoning of the property listed below as provided herein is
necessary to insure that development of that property will be compatible with development in
adjacent and surrounding areas, and will contribute to the health and general welfare of the City;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENTS OF ZONING DISTRICTS AND MAP OF
COMPREHENSIVE ZONING ORDINANCE.
That the Mayor and City Commission hereby amend the Zoning Districts and Zoning District
Map of City of Miami Beach referenced in Section 142-72 of the Code of the City of Miami Beach,
Florida, by changing the zoning district classifications for the properties fronting on Monad Terrace,
between Biscayne Bay and West Avenue, from the existing zoning district classification RM-2
Residential Multi-Family Medium Intensity, to the proposed zoning district classification RM-3
Residential Multi-Family High Intensity.
251
4ildiAL
City
d
my
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Dote
SECTION 2. REPEALER.
That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on the day of , 2000.
PASSED and ADOPTED this day of , 2000.
ATTEST:
MAYOR
CITY CLERK
FAPLAN SPLB \SEPTWINAD1468 \ 1468.0RD
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
252
FFIEINDI ST
FLIMPICIO
FOURTEENTH TER
FOURTVEKTH CT
FOUVreDMI
FIFTEENTH
0
MONAD TERRACE
FROM RM-2 TO RM-3
O
TWELFTH
1.
F
From: RM-2 Residential Multi-family Medium Intensity
To: RM-3 Residential Multi-family High Intensity
253
Menai Terrace Property Mere
Monad Terrace
Miami Beach, Fl 33139
Phone 305-389-8803
Fax 305-866-6521
August (n, 2000
Planning Board c/o the Planning Department (and)
Office of the Mayor and Commissioners
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Dear Planning Board, Mayor and Commissioners:
You will soon be again hearing the request from the property owners of Monad Terrace, to be treated fairly, and
in a consistent manor with the adjacent properties, fronting the bay and west avenue. While every other parcel is
zoned RM-3, and along with Monad Terrace has been zoned RM-3 for over four (4) decades, Monad Terrace has
been effectively spot-downzoned to RM-2. Aggravating matters further, a thirty-six (36) story building (the
Parkshore a/k/a the Waverly) has been built just to the north of Monad Terrace, leaving us with the worst of
both worlds. The planning board and the commissioners have heard and acted favorably on behalf of the
Parkshore their request for a zoning change back to RM-3. We appealed for this change along with them, but for
bureaucratic reasons, you could not act on our request. You now have clearance from the state to do so, and
again we request this change. It is our understanding the City of Miami Beach Staff, including Planning and
Zoning recommended against the downzozing in the first place. It is also our understanding that
spot-downzoning is illegal.
PLEASE HONOR OUR REQUEST FOR MONAD TERRACE TO BE RE-ZONED BACK TO ITS HISTORICAL
DESIGNATION AS RM-3.
We are sure this issue, as well as the Parkshore project is familiar to many of you, if not, we have enclosed some
prior correspondence to refresh your memory.
Sincerely,
find attached signatures of Monad Terrace Property owners.
254
Phone 305-389-8803
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/30 3-
43D5 - ,ileAil.41 re-re.
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Mull Tomes Prepsity Ownrs
Monad Terrace
Miami Beach, Fl 33139
Fax 305466-6521
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255
Mend Terrace Properly Owners
Monad Terrace
Miami Beach, Fl 33139
Phone 305-389-8803
Fax 305-866-6521
June 19, 1999
Planning Board do the Planning Department (and)
Office of the Mayor and Commissioners
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Dear Planning Board, Mayor and Commissioners:
We are addressing this letter to question your decisions regarding the inconsistent application of the recent
"downzoning" of the adjacent properties of 13th terrace and Monad terrace. We are also questioning the
"planning" of the Planning Boards wisdom, to allow a mammoth project such as the "Parkshore" to go forward,
as it is so close to an existing area of older, smaller residences, i.e.: Monad Terrace. The issues at hand are:
1. How did it come to pass that an entire area of Bayfront was downzoned to RM-2, but exclusions permitted to
EVERY PARCEL TO RETAIN RM-3 DESIGNATION EXCEPT FOR MONAD TERRACE? You have in effect
"carved out" Monad Terrace, discriminated against this lot and its group of homeowners, and allowed a
designation that is now INCONSISTENT with other land use in the area.
2. Is the City of Miami Beach and specifically the Planning Board prepared to accept partial if not full
responsibility for defects to Monad Terrace buildings, which are already becoming apparent due to the
mammoth nature of the project, now known as the Parkshore? These include structural cracks now appearing in
the houses to the immediate south of the project, and additional flooding problems now being experienced as water
runs off the project onto Monad Terrace through the road and under the concrete fence which separates both
projects. What further negative effects will be felt as the project proceeds?
3. Can the board cite experience with any other project of this magnitude being constructed so close to existing
homes? What will be the further impact on these properties in the immediate future and further down the road?
What will be the effects of wind and wind damage to properties below in the effect of a hurricane?
4. Can the board speak with authority on the health risks of allowing a Parking Garage to be built just a few feet
away from single story residences? The pollution risks? The noise concerns of a hundred cars being started
every morning? The noise of alarms going off at all hours when the storms go through? Can the board give us
an example of such a garage being built so close to single family homes in this city? In any city?
Were these concerns addressed by the Planning Board? Are you prepared to accept responsibility in a "worst
case scenario?" What is further appalling in these decisions, is your discriminatory downzoning of Monad
Terrace to RM-2. It may well be that many of the properties of Monad Terrace be "uninhabitable" due to
conditions mentioned above, and indeed have to be torn down and replaced. MUST WE THEN DOUBLY PAY
THE PRICE OF YOUR APPROVAL AND BLESSINGS TO THE PARKSHORE BY BEING THE OWNERS
OF LESS VALUABLE AND LESS UTILIZABLE LAND?
In closing, we are asking you to act responsibly, consistently, fairly and nondiscriminatorily. Either Force RM-2
zoning and applications to all bayfront land parcels, OR revert back to the prior RM-3 zoning for all.
Sincerely,
256
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO.
TO: Mayor Neisen Kasdin and
DATE: November 8, 2000
Members of the City Commission
FROM: Jorge M. Gonzalez
City Manager FIRST READING PUBLIC HEARING
SUBJECT: Designation of the Collins Waterfront Historic District
An Ordinance of the Mayor and City Commission of the City of Miami Beach,
Florida, Amending Subpart B of the Land Development Regulations of the City
Code; Amending Article X, Entitled "Historic Preservation"; Amending
Division 4, Entitled "Designation"; Amending Section 118-593, Entitled
"Historic Preservation Designation"; Amending Subsection 118-593(e), Entitled
"Delineation on Zoning Map" by Designating the Collins Waterfront Historic
District, Consisting of a Certain Area Which Is Bounded on the East by the
Erosion Control Line of the Atlantic Ocean Between 22nd Street and the
Approved Relocation of 44th Street; on the North by the Approved Relocation
of 44th Street from the Erosion Control Line of the Atlantic Ocean to the West
Bank of Indian Creek; on the West by the West Bank of Indian Creek from
44th Street to the Extended Centerline of 25th Street; Then the Boundary Runs
Westward along the Extended Centerline of 25th Street from the West Bank of
Lake Pancoast to Pinetree Drive; Then Extends along the Centerline of Pinetree
Drive from 25th Street to 23rd Street (Excluding the 23rd Street Bridge over the
Collins Canal); and Then Eastward along the Northeastern Boundary of the
National Register Architectural District from 23rd Street and Partly 22nd Street
to the Erosion Control Line of the Atlantic Ocean, as More Particularly
Described Herein; Providing That the City's Zoning Map Shall Be Amended to
Include the Collins Waterfront Historic District; Adopting the Designation
Report Attached Hereto as Appendix "A"; Providing for Inclusion in the Land
Development Regulations of the City Code, Repealer, Severability, and an
Effective Date.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission, on first reading, approve the proposed
amending Ordinance, and schedule a second reading public hearing for November 29, 2000.
AGENDA ITEM te5-0-
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Commission Memorandum
November 8, 2000
Designation of the Collins Waterfront Historic District
Page 2
ANALYSIS
At its May 4, 1998, meeting, the City of Miami Beach Historic Preservation Board directed staff to
proceed with research and prepare a preliminary evaluation and recommendation relative to
identifying and proposing historic designation protection to areas, sites, and structures along the
Collins Avenue corridor north of the National Register Historic District. Over the last two years the
Planning Department has intensively researched the areas along the Collins Avenue corridor,
including Indian Creek Drive, Harding Avenue, and the cross streets from 22nd Street to 87th
Terrace, as well as the Lake Pancoast multi-family residential neighborhood due west of the lake;
staff has developed six (6) volumes of historical documentation.
At its September 9, 1999, meeting, the Historic Preservation Board reviewed the preliminary
evaluation report with recommendations prepared by the staff of the Planning Department regarding
the designation of an area of the City which is generally bounded on the east by the erosion control
line of the Atlantic Ocean between 22nd Street and 44th Street; on the north by 44th Street from the
erosion control line of the Atlantic Ocean to the west bank of Indian Creek; on the west by the west
bank of Indian Creek from 44th Street to the extended centerline of 25th Street; then the boundary
runs westward along the extended centerline of 25th Street from the west bank of Lake Pancoast to
Pinetree Drive; then extends along the centerline of Pinetree Drive from 25th Street to 23rd Street
(excluding the 23rd Street Bridge over the Collins Canal); and then eastward along the northeastern
boundary of the National Register Architectural District from 23rd Street and partly 22nd Street to
the erosion control line of the Atlantic Ocean. The Board unanimously approved a motion (6 to 0;
2 absences, 1 vacancy) to direct staff to prepare a designation report and schedule a public hearing
relative to the designation of this new historic district, now to be known as the Collins Waterfront
Historic District, and found the structures and sites located within the proposed boundaries to be in
compliance with the criteria for designation listed in Sections 118-591 through 118-593 in the Land
Development Regulations of the City Code.
Actions/Recommendations
Historic Preservation Board August 10, 2000
The Historic Preservation Board unanimously approved a motion (5 to 0; 2 absences) to recommend
approval of the designation of the Collins Waterfront Historic District in accordance with staff
recommendations with modifications, as reflected in the attached Designation Report.
The Board modified the proposed boundaries of the historic district to exclude the subject property
located at 255 West 24th Street due to the inadvertent omission of individual mail notices for this
site. Following the meeting, staff identified three (3) other sites within the proposed historic district
which also did not receive individual mail notices; these properties are 320 West 25th Street, 228
West 40th Street, and 205 West 42nd Street. The cumulative acreage of these properties constitutes
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Commission Memorandum
November 8, 2000
Designation of the Collins Waterfront Historic District
Page 3
less than one (1) percent of the total acreage of the proposed historic district and the surrounding
properties within 375 feet. The Board directed staff to schedule a public hearing in a timely manner
and notify those property owners who did not receive individual mail notices, as referenced above,
with regard to the designation and inclusion of their properties within the boundaries of the proposed
Collins Waterfront Historic District.
Historic Preservation Board September 8, 2000
The Historic Preservation Board unanimously approved a motion (6 to 0; 1 absence) to recommend
inclusion of certain properties within the proposed Collins Waterfront Historic District. These
properties are 255 West 24th Street, 320 West 25th Street, 228 West 40th Street, and 205 West 42nd
Street (as more particularly described above).
Planning Board September 26, 2000
The Planning Board approved a motion (vote of the Board: 5-1; Yes: Capote, Datorre, Lejeune,
Wallack, Schlesser; No: Needelman; Absent: Kay) to recommend approval of the designation of the
Collins Waterfront Historic District subject to the two (2) conditions delineated hereto.
First, the City Commission shall concurrently adopt an amendment to the City Code which would
modify the prohibition of rooftop additions of more than one (1) story within the Collins Waterfront
Historic District in conjunction with the adoption of the designation of the Collins Waterfront
Historic District.
Secondly, a section of the proposed northern boundary of the historic district shall be modified to
coincide with the center line of the approved relocation of 44th Street which would exclude the
Sorrento Hotel at 4399 Collins Avenue and the vacant property at 4380 Collins Avenue and 4381
Indian Creek Drive. This modification would address the approved relocation plans for 44th Street.
The property owners of the Sorrento Hotel at 4399 Collins Avenue have voluntarily agreed to enter
into an agreement with the City which would ensure the retention and preservation of the structure;
therefore, the relocation of the proposed northern boundary should be deemed acceptable.
The Administration concurs with the Planning Board's recommended northern boundary, and the
attached ordinance has been prepared to reflect same. If, however, the City Commission elects to
adopt the original district boundaries as first proposed by the Historic Preservation Board, the legal
description of such boundaries may be substituted in the amending ordinance as Attachment "A".
Historic Preservation Board October 10, 2000
The Historic Preservation Board approved a motion (vote of the Board: 6-1; Yes: Diaz, Fuller,
Garcia, Nepomechie, Taylor, Toledo; No: Sosa) to support the proposed amendment to the City
Code from the Planning Board which would modify the prohibition of rooftop additions of more than
one (1) story within the Collins Waterfront Historic District.
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DESIGNATION PROCESS
The designation report for a proposed historic district is required to be presented to the Historic
Preservation Board and the Planning Board at separate public hearings. Following public input, the
Historic Preservation Board votes on whether or not the proposed district meets the criteria listed
in the Land Development Regulations of the City Code and transmits a recommendation on historic
designation to the Planning Board and City Commission. If the Historic Preservation Board votes
against the designation, no further action is required. If the Historic Preservation Board votes in favor
of designation, the Planning Board reviews the designation report and formulates its own
recommendation. The recommendations of both Boards, along with the designation report, are
presented to the City Commission. Because in this instance the proposed ordinance involves an area
of ten (10) or more contiguous acres, the City Commission must hold two (2) public hearings on the
designation, unless if at its first public hearing the City Commission votes to deny the proposed
designation, in which instance the designation process ends immediately. Upon conclusion of the
second hearing, if one should occur, the City Commission can immediately adopt the ordinance with
a 5/7 majority vote.
RELATION TO ORDINANCE CRITERIA
1. In accordance with Section 118-592 in the Land Development Regulations of the City Code,
eligibility for designation is determined on the basis of compliance with the listed criteria set
forth below.
(a) The Historic Preservation Board shall have the authority to recommend that
properties be designated as Historic Buildings, Historic Structures, Historic
Improvements, Historic Landscape Features, Historic Interiors (architecturally
significant public portions only), Historic Sites or Historic Districts if they are
significant in the historical, architectural, cultural, aesthetic or archeological heritage
of the City of Miami Beach, the county, state or nation. Such properties shall possess
an integrity of location, design, setting, materials, workmanship, feeling or
association and meet at least one of the following criteria:
(1) Association with events that have made a significant contribution to the
history of Miami Beach, the county, state or nation;
(2) Association with the lives of Persons significant in our past history;
(3) Embody the distinctive characteristics of an historical period, architectural or
design style or method of construction;
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(4) Possesses high artistic values;
(5) Represent the work of a master; serve as an outstanding or representative
work of a master designer, architect or builder who contributed to our
historical, aesthetic or architectural heritage;
(6) Have yielded, or are likely to yield, information important in pre-history or
history;
(7) Listed in the National Register of Historic Places;
(8) Consist of a geographically definable area that possesses a significant
concentration of Sites, Buildings or Structures united by historically
significant past events or aesthetically by plan or physical development,
whose components may lack individual distinction.
(b) A Building, Structure (including the public portions of the interior), Improvement or
Landscape Feature may be designated historic even if it has been altered if the
alteration is reversible and the most significant architectural elements are intact and
repairable.
2. The proposed Collins Waterfront Historic District is eligible for designation as it complies
with the criteria as specified in Section 118-592 in the Land Development Regulations of the
City Code outlined above.
(a) Staff finds the proposed historic district to be eligible for historic designation and in
conformance with the designation criteria for the following reasons:
(1) Association with events that have made a significant contribution to the
history of Miami Beach, the County, state or nation;
The Collins Avenue oceanfront neighborhood is closely associated with the
first known settlement of the barrier island that would become Miami Beach.
Except for the small area west of Lake Pancoast, this land was first platted
in 1916 as the Oceanfront Subdivision by the Miami Beach Improvement
Company, the realty company founded by Miami Beach pioneer John Collins
in 1912. The company name was the first official use of the term "Miami
Beach." The dredging and opening of the Collins Canal as well as the
construction and opening of the wooden Collins Bridge across Biscayne Bay
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made the island conveniently accessible to the mainland and literally paved
the way for the Beach's subsequent development as the unique oceanfront
resort that significantly benefited Miami and the County, State and Nation
as well.
Together with the rest of Miami Beach, this area north of 22nd Street also
made a major contribution to the Nation's World War II effort in 1942-45.
The U.S. Army-Air Forces leased about 300 structures throughout the City
for use as barracks, mess halls, hospitals, and training facilities; of these,
about 200 still remain today and 31 of them are in this neighborhood. While
the area to the south served as a training ground for new recruits, the hotels
along Collins Avenue from 24th to 42nd Streets comprised the Army-Air
Forces Redistribution Station #2, where war-weary GIs spent two to three
weeks at the close of their service for the final processing of their records
and payment in a recuperative setting.
(2) Association with the lives of Persons significant in our past history;
The dredging of Lake Pancoast and the construction of the Collins Canal
were part of Miami Beach pioneer John Collins' agricultural project of
nearly a century ago. Collins Canal, Collins Avenue, Collins Park, and the
John S. Collins Memorial Library (now the Bass Museum of Art) were all
named for this remarkable pioneer.
The shores of the Lake were the site of the original homestead of Collins and
of his son-in-law Thomas J. Pancoast, who was the City's second mayor,
founded the Chamber of Commerce and contributed greatly to the early days
of the City's development as a resort. Pancoast's son Russell was raised
here, and became one of Miami Beach's foremost architects in the 1930's.
Two buildings he designed are included in this district: the Miami Beach
Woman's Club at 2401 Pinetree Drive, already an individually designated
historic site; and a private residence at 2701 Indian Creek Drive.
This Collins Waterfront Historic District is also associated with Newton B.T.
Roney as the site of his 1925 Roney Plaza Hotel at the northeast corner of
Collins Avenue and 23rd Street, where the Roney Palace Condominium now
stands. Roney contributed much to the early building of the City, but he
suffered heavy financial losses in the 1926 hurricane. His perseverance in
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rebuilding thereafter is credited with greatly helping the City's recovery at
that time.
(3)
Embody the distinctive characteristics of a historical period, architectural or
design style or method of construction;
Exemplary buildings of six (6) distinct Miami Beach architectural styles have
been identified in this area. (For complete listings see Section IX in the
attached Designation Report.) They include the following.•
Vernacular/Early Transitional: the non-academic local style of traditional
construction methods and materials, sometimes combined with specific
features typical of the Mediterranean Revival style.
Mediterranean Revival: the quintessential Miami Beach architecture of the
1920s, suitable to the climate and also with an "exotic" appeal in demand
at the time; it includes variations such as Mission, Moorish, Spanish
Baroque, and Beaux Arts styles.
Med-Deco: the transitional style that became another distinctive local style
as the avant-garde European "Moderne" style of the late 1920s was fused
with old-school Mediterranean Revival.
Art Deco/Streamline Moderne: the now-classic Decorative and Streamline
styles of the 1930s, made world-famous by the historic designation in the
National Register of the Miami Beach Architectural District, largely south
of 15th Street. Equally fine examples of this style exist in this neighborhood,
including the Helen Mar, the Traymore, the Embassy, the Rendale, the Indian
Creek Hotel, Lakeside Apartments, Hotel Alden, and the Sovereign. Larger
building lots in this area allowed the Deco style to be carried to greater
heights and scale than are seen farther south, as in the Sea Isle, Lord
Tarleton, and Cadillac.
Classical Revival-Art Deco: buildings that exhibit basic Classical form with
decorative elements of the Art Deco style of Miami Beach architecture of the
1930s to mid 1940s.
Post War Modern: the style of buildings dating from 1945-1968, only now
coming of age and achieving appreciation as a contributing historical style.
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After a hiatus in construction due to World War II, Post War Modern picked
up where Art Deco left off, with the added influences of a booming post war
economy and such new technologies as air-conditioning and the prevalence
of the automobile. The local expression of this style has recently been dubbed
"MiMo" (Miami Modern). Prime examples of this style in this district are the
Ankara (Banana Bungalow), the Empress, Seville, Sorrento and Saxony
Hotels; and apartment buildings such as the Lorraine on Collins Avenue and
several in the enclave west of the Canal. Buildings of this type were first
designated as Contributing structures in the Ocean Beach local historic
district in 1995 and have now attained significant stature in Miami Beach
and beyond. Dade Heritage Trust currently lists the MiMo Hotels on Miami
Beach as one of ten "Most Endangered Historic Sites" in the County.
(4) Possess high artistic values;
Attesting to the quality of design and high artistic values in this district is the
recognition of several of its buildings in noteworthy architectural journals
and promotional literature of the time, including:
Residence at 237 38th Street, pictured in "Beautiful Homes of Miami and
Environs," 1920s.
Croydon Arms Hotel, 3720 Collins Avenue, written up in Architectural
Record, January 1938.
Tatem Hotel, 4343 Collins Avenue, featured in Florida Architecture, 1939.
Sans Souci Hotel, 3101 Collins Avenue, in Florida Architecture & Allied
Arts 1951.
Saxony Hotel, 3201 Collins Avenue, in Florida Architecture and Allied Arts,
1950.
Seville Hotel, 2901 Collins Avenue, in Florida Architecture and Allied Arts,
1957.
(5) Represent the work of a master designer, architect or builder who contributed
to historical, aesthetic or architectural heritage;
A few of the more prominent Miami Beach architects represented in this
district are the following:
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Martin L. Hampton, with eight (8) buildings, including Hampton Court, La
Corona, Embassy, Claridge Beach, Clavelon (Beach Castle), and
Pierre.
Russell Pancoast, grandson of John Collins, represented by two buildings in
this district, the Miami Beach Woman's Club at 2401 Pinetree Drive,
and a residence at 2701 Indian Creek Drive.
Roy France, with 20 surviving buildings, including the Sea Isle, Sans Souci,
Saxony, Versailles, Cadillac, Sovereign, and Ocean Grande; several
others have been demolished, but this neighborhood still has the
highest concentration of Roy France buildings anywhere.
Albert Anis, with 11 buildings, including the Traymore, Promenade, Mantell
Plaza, Copley Plaza, and Westover Arms.
Robert E. Collins designed the Helen Mar in 1937, an Art Deco gem, fully
developed on all four (4) sides.
Henry Hohauser designed the Lorraine and Sundeck apartment buildings.
L. Murray Dixon, with seven (7) buildings here, including the Caribbean,
Grand Plaza, and Greenbrier Hotels.
Harry 0. Nelson designed the Lakeside and Arlene Arms apartments.
Victor H. Nellenbogen designed the Lord Tarleton, later known as the Crown
Hotel, now the Ramada.
Carlos B. Schoeppl, "master builder of Florida's Gold Coast," has six (6)
buildings here, including the Lucerne Hotel (now Howard Johnson's)
and several residences.
Melvin Grossman, a prolific architect in the Post War Modern style,
designed the Seville, Empress, and Barcelona Hotels and Post War
additions to the Cadillac, Lord Tarleton, and Caribbean.
Robert Swartburg designed the Sorrento Hotel, a fine example of Post War
Modern style.
Morris Lapidus significantly contributed to the design of the Sans Souci
Hotel, a prelude to the Fontainebleau.
Norman Giller, who contributed so much to Miami Beach's post war
architecture, has one building in this district, the Park Shore
Apartments, at 3003 Indian Creek Drive.
(6) Have yielded, or are likely to yield, information important in pre-history or
history;
Indian Creek itself is a natural waterway and gives evidence of the local
environment in pre-settlement days, including some of the last remaining
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mangrove trees. In the first quarter of the 20th Century, the Creek was lined
with mangrove trees and forests, according to the memoirs of Russell
Pancoast. Any evidence of prehistoric use of this land has yet to be
discovered, but is certainly a possibility. The Lake Pancoast / Collins Canal
area gives evidence of the early dredging and engineering efforts that created
and shaped the very substance of the City. The proposed historic district is,
of course, intimately associated with John S. Collins, the horticulturist from
New Jersey who is acknowledged as the premier "pioneer" of Miami Beach.
(7) Listed in the National Register of Historic Places;
Although this area is not presently listed in the National Register of Historic
Places, it clearly appears eligible for registration.
(8) Consists of a geographically definable area that possesses a significant
concentration of Sites, Buildings or Structures united by historically
significant past events or aesthetically by plan or physical development,
whose components may lack individual distinction;
This two-mile-long isthmus is a clearly-delineated geographic entity with an
extremely cohesive encapsulation of highly significant post-World War I
architecture dating from 1922 through 1968. Historically, its northern and
southern borders coincide with John Collins' original Oceanfront
Subdivision, filed in 1916, situated between Collins Park at 22nd Street and
the mansions of "Millionaires' Row" north of 44th Street. Since its inception
this subdivision has been developed almost exclusively as an area of multi-
unit buildings (hotels and apartment houses) for upper-middle class tourists
and residents. At its center runs Collins Avenue, the very spinal cord of the
City, named for this neighborhood's earliest and most illustrious pioneer.
Geographically, it is also important to note that this is a "Waterfront"
district on three sides, with the Atlantic Ocean to the east, Indian Creek to
the west, and Lake Pancoast and the Collins Canal at its southern end. No
property in this district is more than two blocks away from a body of water,
and the vast majority are within one block.
The architectural structures in the proposed historic district are mostly hotels
and apartment buildings, with a small number of commercial structures and
single-family homes. Engineering structures included as contributing
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elements are a portion of the Collins Canal; three (3) footbridges crossing
the Canal, the Lake, and the Creek; and the roadway bridge across Indian
Creek at 41st Street. Construction dates for the 143 buildings range from
1922 to the present, with approximately half predating World War II.
Distributed by decade of construction, they number:•
1920s 12
1930s 45
1940s 34
1950s 14
1960s 8
1970s 14
post-1979 16 Total 143
Staff has determined that 110 of these buildings, or 77%, are "contributing"
on the basis of the established criteria for historic district designation.
Adding the Canal and the four (4) bridges, the ratio is 115 contributing
structures out of a total of 148, or 78%.
(b) Altered structures proposed for designation in the City of Miami Beach may be
designated historic structures if alterations are readily reversible and/or significant
architectural elements are intact and repairable.
Although a few of the buildings within the proposed Collins Waterfront Historic
District have been altered over the years, these structures retain much of their
original architectural integrity and contribute to the special character of the
neighborhood. Exterior restoration could be successfully completed by following
original architectural plans and available historical photographs and/or
documentation. Despite alterations to these few structures, they continue to be
representative of the architectural and cultural history of Miami Beach.
ANALYSIS OF THE AMENDING ORDINANCE
In reviewing a request for an amendment to the Land Development Regulations of the City Code or
a change in land use, the Planning Board shall consider the following:
1. Whether the proposed change is consistent and compatible with the Comprehensive Plan
and any applicable neighborhood or Redevelopment Plans;
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Consistent - The proposed designation is consistent the Comprehensive Plan,
specifically with the Historic Preservation Element of the
Comprehensive Plan's Objective No. 1 which, in part, states:
"...increase the total number of structures designated as historically
significant from that number of structures designated in 1988, either
individually or as a contributing structure within a National Register
Historic Preservation District or a local Historic Preservation
District." A small area at the southern end of the proposed Collins
Waterfront Historic District is located within the City Center/Historic
Convention Village Redevelopment Area.
2. Whether the proposed change would create an isolated district unrelated to adjacent or
nearby districts;
Consistent - The amendment would not change the underlying zoning district for
any areas within the City.
3. Whether the change suggested is out of scale with the needs of the neighborhood or the
City;
Consistent - The designation of the area as a local historic district would help to
encourage redevelopment and rehabilitation that is compatible with
the scale, characteristics and needs of the surrounding neighborhood
and help to preserve the architectural character of the built
environment.
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure;
Consistent - The LOS for the area public facilities and infrastructure should not be
negatively affected, if at all, by the proposed amending ordinance.
5. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change;
Consistent - The proposed historic district is a clearly-delineated geographic entity
with an extremely cohesive encapsulation of highly significant post-
World War I architecture dating from 1922 through 1968.
Historically, its northern and southern borders coincide with John
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Collins' original Oceanfront Subdivision, filed in 1916, situated
between Collins Park at 22nd Street and the mansions of
"Millionaires' Row" north of 44th Street.
The boundaries of the proposed Collins Waterfront Historic District
are defined as following: generally bounded on the east by the erosion
control line of the Atlantic Ocean between 22nd Street and the
relocated 44th Street; on the north by the relocated 44th Street from
the erosion control line of the Atlantic Ocean to the west bank of
Indian Creek; on the west by the west bank of Indian Creek from the
relocated 44th Street to the extended centerline of 25th Street; then
the boundary runs westward along the extended centerline of 25th
Street from the west bank of Lake Pancoast to Pinetree Drive; then
extends along the centerline of Pinetree Drive from 25th Street to
23rd Street (excluding the 23rd Street Bridge over the Collins Canal);
and then eastward along the northeastern boundary of the National
Register Architectural District from 23rd Street and partly 22nd Street
to the erosion control line of the Atlantic Ocean. The location of
these boundaries has been determined through careful investigation
and research of building records and historical documentation. They
define a geographic area which possesses a significant concentration
of historic buildings, sites and structures. A detailed description of
the proposed boundaries is delineated within the attached Designation
Report.
6. Whether changed or changing conditions make the passage of the proposed change
necessary;
Consistent - The success of historic preservation in the ongoing revitalization of
Miami Beach supports the protection of the proposed district. Past
demolition of historic structures demonstrates the necessity of this
amendment to maintain the architectural integrity of the area.
7. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Consistent - The proposed change should not negatively effect living conditions
or the Quality of Life for the surrounding properties. Indeed, the
quality of living conditions in designated historic areas has
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significantly improved since the City started designating historic
districts. The thousands of Design Review approvals (both substantial
rehabilitation and minor improvements) within the existing historic
districts demonstrate this principle.
8. Whether the proposed change will create or excessively increase traffic congestion
beyond the Level Of Service as set forth in the Comprehensive Plan or otherwise affect
public safety;
Consistent - As designation encourages the retention of existing buildings and
does not change the permitted land uses, the levels of service set forth
in the Comprehensive Plan will not be affected by designation.
Likewise, public safety will not be affected.
9. Whether the proposed change will seriously reduce light and air to adjacent properties;
Consistent - If designation results in the retention of existing buildings, there
should be no reduction in light and air either on site or to adjacent
properties.
10. Whether the proposed change will adversely affect property values in the adjacent area;
Consistent - As property values and value of construction have historically
increased in the existing designated historic sites and districts, there
is no evidence to suggest that designation would adversely affect
property values in the area surrounding the proposed designation. To
the contrary, the designation of the Collins Waterfront Historic
District should help to reinforce and promote continuous quality
enhancement of the area.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
Consistent - The proposed amendment will not change the development
regulations for adjacent sites which must comply with their own site
specific development regulations. Furthermore, the proposed
ordinance should not affect the ability for an adjacent property to be
developed in accordance with said regulations.
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12. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning;
Consistent - The permitted land uses are not affected since the proposed
amendment does not change the underlying zoning district for any
property.
13. Whether it is impossible to find other adequate Sites in the City for the proposed Use in
a district already permitting such Use;
Not Applicable - This review criteria is not applicable to this Zoning Ordinance
amendment.
The proposed designation of the Collins Waterfront Historic District is appropriate to protect the
aesthetic, architectural and historical importance of the neighborhood. The positive social and
economic impact that preservation has had on the revitalization of Miami Beach, as well as the
worldwide media recognition of Miami Beach, is well known. Local residents, as well as visitors
from around the world, are seeking the very special urban character of Miami Beach that the
Planning Department seeks to preserve.
Therefore, the Administration recommends adoption of the Designation Report and approval of the
attached amending ordinance on first reading, designating the proposed Collins Waterfront Historic
District, with the modified northern boundary as recommended by the Planning Board.
The Administration also recommends the concurrent approval of the companion ordinance, also
before the Commission today, addressing rooftop additions in the proposed Collins Waterfront
Historic District, to afford greater flexibility to the Historic Preservation Board.
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING SUBPART B OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE; AMENDING
CHAPTER 118, ENTITLED "ADMINISTRATION AND REVIEW
PROCEDURES"; AMENDING ARTICLE X, ENTITLED "HISTORIC
PRESERVATION"; AMENDING DIVISION 4, ENTITLED
"DESIGNATION"; AMENDING SECTION 118-593, ENTITLED
"HISTORIC PRESERVATION DESIGNATION"; AMENDING SUBSECTION
118-593(E), ENTITLED "DELINEATION ON ZONING MAP" BY
DESIGNATING THE COLLINS WATERFRONT HISTORIC DISTRICT,
CONSISTING OF A CERTAIN AREA WHICH IS BOUNDED ON THE EAST
BY THE EROSION CONTROL LINE OF THE ATLANTIC OCEAN BETWEEN
22ND STREET AND THE APPROVED RELOCATION OF 44TH STREET;
ON THE NORTH BY THE APPROVED RELOCATION OF 44TH STREET
FROM THE EROSION CONTROL LINE OF THE ATLANTIC OCEAN TO
THE WEST BANK OF INDIAN CREEK; ON THE WEST BY THE WEST
BANK OF INDIAN CREEK FROM THE APPROVED RELOCATION OF 44TH
STREET TO THE EXTENDED CENTERLINE OF 25TH STREET; THEN
THE BOUNDARY RUNS WESTWARD ALONG THE EXTENDED CENTERLINE
OF 25TH STREET FROM THE WEST BANK OF LAKE PANCOAST TO
PINETREE DRIVE; THEN EXTENDS ALONG THE CENTERLINE OF
PINETREE DRIVE FROM 25TH STREET TO 23RD STREET (EXCLUDING
THE 23RD STREET BRIDGE OVER THE COLLINS CANAL); AND THEN
EASTWARD ALONG THE NORTHEASTERN BOUNDARY OF THE NATIONAL
REGISTER ARCHITECTURAL DISTRICT FROM 23RD STREET AND
PARTLY 22ND STREET TO THE EROSION CONTROL LINE OF THE
ATLANTIC OCEAN, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING THAT THE CITY'S ZONING MAP SHALL BE AMENDED TO
INCLUDE THE COLLINS WATERFRONT HISTORIC DISTRICT;
ADOPTING THE DESIGNATION REPORT ATTACHED HERETO AS
APPENDIX "A"; PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, on August 10, 2000, the City's Historic Preservation
Board held a public hearing and voted unanimously (5-0; 2 absences)
in favor of recommending that the City Commission designate the
Collins Waterfront Historic District; and
WHEREAS, on September 26, 2000, the City's Planning Board held
a public hearing and voted (5-1; 1 absence) in favor of the
proposed designation; and
WHEREAS, the City of Miami Beach Planning Department has
recommended this amendment to the Land Development Regulations of
the City Code; and
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WHEREAS, these recommendations of approval for the designation
of the Collins Waterfront Historic District were based upon the
information documented in the Designation Report prepared by the
City of Miami Beach Planning Department attached hereto as Appendix
"A."
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. DESIGNATION OF THE COLLINS WATERFRONT HISTORIC
DISTRICT.
Those certain areas which are bounded on the east by the erosion
control line of the Atlantic Ocean between 22nd Street and the
approved relocation of 44th Street; on the north by the approved
relocation of 44th Street from the erosion control line of the
Atlantic Ocean to the west bank of Indian Creek; on the west by the
west bank of Indian Creek from the approved relocation of 44th
Street to the extended centerline of 25th Street; then the boundary
runs westward along the extended centerline of 25th Street from the
west bank of Lake Pancoast to Pinetree Drive; then extends along
the centerline of Pinetree Drive from 25th Street to 23rd Street
(excluding the 23rd Street Bridge over the Collins Canal); and then
eastward along the northeastern boundary of the National Register
Architectural District from 23rd Street and partly 22nd Street to
the erosion control line of the Atlantic Ocean; and having the
legal description as described herein, are hereby designated as an
Historic District of the City of Miami Beach and shall be known as
2
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the "Collins Waterfront Historic District." That the Designation
Report attached hereto as Appendix "A" is hereby adopted.
SECTION 2. AMENDMENT OF SUBSECTION 118-593(E).
That Subsection (e), entitled "Delineation on Zoning Map," of
Section 118-593, entitled "Historic Preservation Designation," of
Division 4, entitled "DeBignation," of Article X, entitled
"Historic Preservation," of Chapter 118, entitled "Administration
and Review Procedures," of Subpart B of the Land Development
Regulations of the City Code is hereby amended to read as follows:
Subpart B. Land Development Regulations
* * *
Chapter 118. Administration and Review Procedures
* * *
Article X. Historic Preservation
* * *
Division 4. Designation
* * *
Section 118-593. Historic Preservation Designation.
* * *
(e) Delineation on zoning map. All sites and districts
designated as historic sites and districts shall be
delineated on the city's zoning map, pursuant to section
3
275
142-71, as an overlay district. Such sites and districts
include:
(18) RM-1, RM-2, RM-3, CD-3, ROS, PF, P/HPD-9: The
boundaries of the proposed Collins Waterfront
Historic District commence at the intersection of
the easterly extension of the center line of 22nd
Street and the Erosion Control line of the Atlantic
Ocean. Said intersection being the POINT OF
BEGINNING of the tract of land herein described,
thence run northerly, along the Erosion Control
Line of the Atlantic Ocean to the intersection with
a line that runs parallel to, and 75.00 feet
(measured at right angle) north of the north line
of Lot 1, Block 39 and its easterly and westerly
extension, as shown in AMENDED MAP OF THE OCEAN
FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT
COMPANY, recorded in Plat Book 5, at Page 8, Public
Records of Miami-Dade County, Florida; thence run
westerly, along the last described course to the
point of intersection with the center line of
Collins Avenue; thence southerly, along the center
line of Collins Avenue for a distance of 40.45
276
feet; thence westerly, along a line parallel to,
and 34.55 feet (measured at right angle) north of
the north line of Lot 1, Block 40 and its easterly
and westerly extension, as shown in the above
mentioned AMENDED MAP OF THE OCEAN FRONT PROPERTY
OF THE MIAMI BEACH IMPROVEMENT COMPANY to the point
of intersection with the east bulkhead line of
Indian Creek; thence continue westerly, along the
last described course and across Indian Creek to a
point located on the east line of Lot 11, as shown
in FLAMINGO BAY SUBDIVISION No.1, recorded in Plat
Book 6, at Page 101, Public Records of Miami-Dade
County, Florida; thence run southerly, along the
east line of Lots 11 thru 1 of the above mentioned
FLAMINGO BAY SUBDIVISION No. 1, and its southerly
extension to the northeast corner of Lot 29, Block
3, FLAMINGO TERRACE SUBDIVISION, recorded in Plat
Book 10, at Page 3, Public Records of Miami-Dade
County, Florida; thence continue southerly, along
the east line of said Block 3 and its southerly
extension, to the northeast corner of Lot 1, Block
2 of the above mentioned FLAMINGO TERRACE
SUBDIVISION; thence continue southerly, along the
277
east line of said Block 2 to the northeast corner
of Lot 1, Block 9, FLAMINGO TERRACE EXTENSION,
recorded in Plat Book 38, at Page 61, Public
Records of Miami-Dade County, Florida; thence
continue southerly along the easterly line of said
Block 9, to the southeast corner of Lot 5 of said
Block 9; thence westerly, along the south line of
said Lot 5 and its westerly extension, to the point
of intersection with the center line of Flamingo
Drive as shown in the above mentioned FLAMINGO
TERRACE EXTENSION; thence, northerly along the
center line of Flamingo Drive to the point of
intersection with the center line of West 25th
Street; thence westerly along the center line of
west 25th Street to the point of intersection with
the center line of Pine Tree Drive; thence run
southerly and south westerly, along the center line
of Pine Tree Drive, to the point of intersection
with a line that runs northwesterly from the most
westerly corner of Block 3 and perpendicular to the
easterly right-of-way of Collins Canal, as shown on
Plat entitled DEDICATION OF PORTION OF LIBERTY
AVENUE AND WEST 24TH STREET, recorded in Plat Book
278
26, at Page 13, Public Records of Miami-Dade
County, Florida; thence northeasterly, along the
easterly right-of-way of Collins Canal, to the
northeast corner of Lot 10 of Block 3, as shown in
AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE
MIAMI BEACH IMPROVEMENT COMPANY, recorded in Plat
Book 5, at Page 7, Public Records of Miami-Dade
County, Florida; thence southerly, along the east
line of said Lot 10 to the northwest corner of Lot
9 of said Block 3; thence easterly, along the
northerly line of said Lot 9, and its easterly
extension to the point of intersection with the
center line of Collins Avenue; thence southerly,
along the center line of Collins Avenue to the
point of intersection with the center line of 22nd
Street; thence easterly along the center line of
22nd Street and its easterly extension to the POINT
OF BEGINNING. Said lands located lying and being
in the City of Miami Beach, County of Miami-Dade,
Florida.
279
SECTION 3. INCLUSION IN THE LAND DEVELOPMENT REGULATIONS OF
THE CITY CODE.
It is the intention of the City Commission, and it is hereby
ordained that the provisions of this ordinance shall become and be
made part of the Land Development Regulations of the Code of the
City of Miami Beach as amended; and that the sections of this
Ordinance may be renumbered or relettered to accomplish such
intention.
SECTION 4. AMENDMENT OF ZONING MAP.
That the Mayor and City Commission hereby amend the Zoning Map
of the City of Miami Beach as contained in the Land Development
Regulations of the City Code by identifying the area described
herein as HPD-9, Historic Preservation District Nine.
SECTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 6. SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
8
280
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this
day of , 2000.
ATTEST:
MAYOR
CITY CLERK
APPROVED AS TO FORM & LANGUAGE
& FOR EXECUTION:
i6AaA2
CITY ATTOR DATE
F:\PLAN\SHPB\COLLINS1\ORDCCOM.WPD
9
281
ATTACHMENT "A"
COLLINS WATERFRONT HISTORIC DISTRICT
Boundaries as Proposed by the Historic Preservation Board
(18) RM-1, RM-2, RM-3, CD-3, ROS, PF, P/HPD-9: The boundaries of
the proposed Collins Waterfront Historic District commence at
the intersection of the easterly extension of the center line
of 22nd Street and the Erosion Control line of the Atlantic
Ocean. Said intersection being the POINT OF BEGINNING of the
tract of land herein described, thence run northerly, along
the Erosion Control Line of the Atlantic Ocean to the
intersection with the easterly extension of the north
right-of-way line of 44th Street; thence run westerly, along
the north right-of-way line of 44th Street and its easterly
and westerly extension to a point located on the east line of
Lot 12, as shown in FLAMINGO BAY SUBDIVISION No.1, recorded in
Plat Book 6, at Page 101, Public Records of Miami-Dade County,
Florida; thence run southerly, along the east line of Lots 12
thru 1 of the above mentioned FLAMINGO BAY SUBDIVISION No. 1,
and its southerly extension to the northeast corner of Lot 29,
Block 3, FLAMINGO TERRACE SUBDIVISION, recorded in Plat Book
10, at Page 3, Public Records of Miami-Dade County, Florida;
282
thence continue southerly, along the east line of said Block
3 and its southerly extension, to the northeast corner of Lot
1, Block 2 of the above mentioned FLAMINGO TERRACE
SUBDIVISION; thence continue southerly, along the east line of
said Block 2 to the northeast corner of Lot 1, Block 9,
FLAMINGO TERRACE EXTENSION, recorded in Plat Book 38, at Page
61, Public Records of Miami-Dade County, Florida; thence
continue southerly along the easterly line of said Block 9, to
the southeast corner of Lot 5 of said Block 9; thence
westerly, along the south line of said Lot 5 and its westerly
extension, to the point of intersection with the center line
of Flamingo Drive as shown in the above mentioned FLAMINGO
TERRACE EXTENSION; thence, northerly along the center line of
Flamingo Drive to the point of intersection with the center
line of West 25th Street; thence westerly along the center
line of west 25th Street to the point of intersection with the
center line of Pine Tree Drive; thence run southerly and south
westerly, along the center line of Pine Tree Drive, to the
point of intersection with a line that runs northwesterly from
the most westerly corner of Block 3 and perpendicular to the
easterly right-of-way of Collins Canal, as shown on Plat
entitled DEDICATION OF PORTION OF LIBERTY AVENUE AND WEST 24th
Street, recorded in Plat Book 26, at Page 13, Public Records
283
of Miami-Dade County, Florida; thence northeasterly, along the
easterly right-of-way of Collins Canal, to the northeast
corner of Lot 10 of Block 3, as shown in AMENDED MAP OF THE
OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,
recorded in Plat Book 5, at Page 7, Public Records of
Miami-Dade County, Florida; thence southerly, along the east
line of said Lot 10 to the northwest corner of Lot 9 of said
Block 3; thence easterly, along the northerly line of said Lot
9, and its easterly extension to the point of intersection
with the center line of Collins Avenue; thence southerly,
along the center line of Collins Avenue to the point of
intersection with the center line of 22nd Street; thence
easterly along the center line of 22nd Street and its easterly
extension to the POINT OF BEGINNING. Said lands located lying
and being in the City of Miami Beach, County of Miami-Dade,
Florida.
Fr\PLAN\$HPB\COLLINS1\ORDCCATT.WPD
284
10/27/00 15:25 FAX
el 002
BILEIN SUMBERO DUNN BAENA PRICE & AXELROD LLP
A pARTNicsissup or pRoPESsIONAL ASSOCIATIONS
ewe) ripelm UNION IFINA,NciAL, CENTER
EDO SOUTH SISCAYNE BOULEVARD • MIAMI, FLORIDA 33I31-sBae
TELEPHONE: (mos) 374-7zeo • not (ado 374-7893
C-•••••IL! 1!IROABILZIN.COM • wWW„sH.,21N,c0/4
actOwARD: 4984) 354-0030
October 27, 2000
Jorge Gomez, Planning Director
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: Sorrento BuildincLat the Fontainebleau
Dear Jorge:
This letter will confirm our eadier conversation and the statements made by Melanie
Muss on the record before the Planning Board during consideration of the proposed Collins
Historic District. The Fontainebleau agrees that it will preserve and restore the facade of
the Sorrento building in accordance with its previously approved on plans and order,
The City agrees that the northern boundary of the Historic District will be the relocated 44th
Street and the City also agrees that the Sorrento will not be included in the Historic District.
We look forward to working with the City with regard to these issues in future.
Very truly yours,
rter N. McDowell
CNM:czb
cc: Richard Lorber
GADMS0225610902410319396.01
10/27/00
285
APPENDIX "A"
COLLINS WATERFRONT
HISTORIC DESIGNATION REPORT
SUBMITTED UNDER SEPARATE COVER
286
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287
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. g4 1 —°°
TO: Mayor Neisen Kasdin and DATE: November 8, 2000
Members of the City Commission
FROM: Jorge M. Gonzalez
City Manager FIRST READING
SUBJECT: Ordinance - Rooftop Additions in Proposed Collins Waterfront Historic District
An Ordinance of the Mayor and City Commission of the City of Miami Beach,
Florida Amending Chapter 142 of the Miami Beach City Code Entitled "Zoning
Districts and Regulations" by Amending Section 142-1161 Thereof Entitled
"Height Regulation Exceptions" by Modifying the Prohibition of Rooftop
Additions of More than One Story in the Collins Waterfront Historic District;
Providing for Codification, Repealer, Severability, and an Effective Date.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission, upon first reading, approve the proposed
amending Ordinance, and schedule a second reading public hearing.
ANALYSIS
This proposed amendment to the Land Development Regulations of the City Code modifying the
restrictions on rooftop additions in the Collins Waterfront Historic District was initiated by the
Planning Board on September 26, 2000, during the Board's public hearing on the designation of the
historic district.
At its August 22, 2000, the Planning Board reviewed a proposal for the designation of the Collins
Waterfront Historic District, which would create a historic district in the Collins Avenue corridor,
roughly from 22nd Street to 44th Street. During the discussion on the issue, the Planning Board
expressed its concern that maximum flexibility be retained in the development regulations for the
proposed district, in order to permit the type of quality redevelopment necessary to stimulate the
economic growth of the area.
One area identified for possible action was the existing regulations regarding rooftop additions in
historic districts. The existing regulations would only permit a one story addition to existing
buildings within all historic districts. The Board identified this as a hindrance to certain types of
AGENDA ITEM
DATE
TAAGENDA \2000 NOV0800 \REGULAR \ROOFTOP.WPD
288
Commission Memorandum
November 8, 2000
Ordinance - Rooftop Additions in Proposed Collins Waterfront Historic District
Page 2
redevelopment in the proposed district, and noted that historic districts within the City could vary
as to the essential character and building typology present, therefore necessitating flexibility in the
development regulations for different districts.
At its meeting of September 26, 2000, the Planning Board recommended the approval of the
designation of the proposed Collins Waterfront Historic District, with the condition that a companion
ordinance be prepared and presented to the Commission along with the designation, which would
address the development regulations for rooftop additions within the proposed district. The
proposed ordinance has been prepared by Planning Department staff; at its October, 10, 2000
meeting, the Historic Preservation Board reviewed the amendment, made several suggestions for
improvement and technical corrections, and voted 6-1 to recommend the proposed amendment. The
Board's suggestions have been incorporated into the attached ordinance. On October 24, 2000, the
Planning Board unanimously recommended approval of the finalized ordinance, and reiterated their
recommendation to the Commission that approval of the designation of the Collins Waterfront
Historic District be conditioned upon the concurrent adoption of this companion ordinance.
ANALYSIS
Currently, the Land Development Regulations of the City Code restrict rooftop additions in all the
City's historic districts to one story only. The proposed amendment would permit rooftop additions
in the Collins Waterfront Historic District of up to four stories, based upon the following formula.
Only buildings of greater than five (5) stories would be eligible for the increased number of rooftop
addition stories. Existing buildings would be permitted one rooftop addition story for every three
stories an existing building contains. Therefore, a building of six stories could obtain an additional
two stories; a 12 story building could avail themselves of an additional four stories. However, a
building that was 5 stories or less could only get the one story rooftop addition, as currently allowed
by the Code. In this way, the existing historic character of the district will be maintained, but the
additional flexibility needed to approve larger scale redevelopments will be provided.
In reviewing a request for an amendment to the land development regulations, the Board shall
consider the following when applicable:
1. Whether the proposed change is consistent and compatible with the comprehensive plan and
any applicable neighborhood or redevelopment plans.
Consistent - The proposed amendment is consistent with the comprehensive plan, and
would be consistent with the designation of the area as the Collins Historic
District.
TAAGENDA \2000 \NOV0800 \REGULAR \ROOFTOP.WPD
289
Commission Memorandum
November 8, 2000
Ordinance - Rooftop Additions in Proposed Collins Waterfront Historic District
Page 3
2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby
districts.
Consistent - Not applicable
3. Whether the change suggested is out of scale with the needs of the neighborhood or the city.
Consistent - The proposed ordinance seeks to allow development that is more in keeping
with the existing neighborhood character of the proposed Collins Waterfront
Historic District. It should be noted that any new development under the
provisions of this ordinance is subject to historic preservation board approval,
and such additions may not be permitted if they would negatively impact
existing architectural features of special significance.
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure.
Consistent - The proposed change could slightly increase the allowable development in
the area of the proposed historic district; however, the amount of new
development that would be permitted under the provisions of the proposed
ordinance is nominal relative to the size and area of the proposed new district.
5. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change.
Partially Consistent - Not applicable
6. Whether changed or changing conditions make the passage of the proposed change
necessary.
Consistent - Currently, rooftop additions in the area of the proposed historic district are
regulated solely by the applicable development regulations for the applicable
zoning district. If the proposed historic designation is adopted, additional
regulations applicable only to historic districts will apply. The proposed
change designating this area as historic district makes passage of this
ordinance important in order to provide the necessary flexibility to the
Historic Preservation Board to review proposed new developments.
TAAGENDA \2000 \ NOV0800 \REGULAR \ROOFTOP.WPD
290
Commission Memorandum
November 8, 2000
Ordinance - Rooftop Additions in Proposed Collins Waterfront Historic District
Page 4
7. Whether the proposed change will adversely influence living conditions in the neighborhood.
Consistent - The proposed amendment should not adversely influence living conditions
in the neighborhood.
8. Whether the proposed change will create or excessively increase traffic congestion beyond
the levels of service as set forth in the comprehensive plan or otherwise affect public safety.
Consistent - The proposed change could have a very minor impact upon traffic circulation
which may effect levels of service (LOS); however, as stated above, any
development project proposed for construction which involves a rooftop
addition as envisioned under this provision will be required to mitigate these
impacts within the context of the City's Concurrency Management System.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
Partially Consistent - The proposed change may slightly reduce access to light and air if
development projects are undertaken utilizing this provision.
However, as noted above, the ordinance requires careful Historic
Preservation Board review of any proposed rooftop additions under
this provision, which should protect against excessive reduction of
light and air corridors.
10. Whether the proposed change will adversely affect property values in the adjacent area.
Consistent - Staff is of the opinion that property values in the subject area would actually
be favorably affected by the proposed amendment because it provides the
ability to add a reasonable amount of additional space to certain existing
historic buildings.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
Consistent - The proposed amendment will provide additional flexibility and help to
facilitate development throughout the newly designated Collins Historic
District
TAAGENDA \2000 NOV0800 \REGULAR \ROOFTOP.WPD
291
Commission Memorandum
November 8, 2000
Ordinance - Rooftop Additions in Proposed Collins Waterfront Historic District
Page 5
12. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
Not Applicable
13. Whether it is impossible to find other adequate sites in the city for the proposed use in a
district already permitting such use.
Not Applicable
Based on the analysis above, the Administration recommends that the Commission approve, on first
reading, the proposed amendment, as the ordinance is necessary to insure adequate flexibility in the
newly created Collins Waterfront Historic District.
L-
JMG\IGG\RGL\rgl
TAAGENDA \ 2000 \NOV0800 \REGULAR \ROOFTOP.WPD
292
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING CHAPTER 142 OF THE MIAMI BEACH CITY
CODE ENTITLED "ZONING DISTRICTS AND
REGULATIONS" BY AMENDING SECTION 142-1161
THEREOF ENTITLED "HEIGHT REGULATION
EXCEPTIONS" BY MODIFYING THE PROHIBITION OF
ROOFTOP ADDITIONS OF MORE THAN ONE STORY IN
THE COLLINS WATERFRONT HISTORIC DISTRICT;
PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Historic Preservation Board and Planning Board of the City of Miami
Beach, Florida have recommended, and the City Commission is currently considering the
designation of the Collins Waterfront Historic District in that general area of the Collins Avenue
Corridor between 22nd Street and 44th Street; and,
WHEREAS, the City Commission deems that it is in the best interest of historic preservation
within the City to amend the Land Development Regulations of the City Code to address concerns
related to future rooftop additions in the proposed Collins Waterfront Historic District;
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SECTION 142-1161 OF THE CITY CODE.
That Chapter 142, Section 142-1161 entitled "Height Regulation Exceptions" of the Code
of the City of Miami Beach, Florida is hereby amended to read as follows:
Sec. 142-1161. Height regulation exceptions.
*
(d) Rooftop additions.
(1) Restrictions. There shall be no rooftop additions to existing structures in the following areas:
oceanfront lots within the Miami Beach Architectural District in the RM-3 or CD-3 zoning districts:
non-oceanfront lots fronting Ocean Drive in the MXE zoning district. No variance from this
provision shall be granted.
(2) Additional regulations. Existing structures within an historic district shall only be permitted
to have habitable one-story rooftop additions (whether attached or detached), with a maximum floor
F: \ PLAN \ $ALL\DRAFTOR\ 1477.0RD
293
to ceiling height of 12 feet. No variance from this provision shall be granted. The additions shall riot
be visible when viewed at eye level (5'--6" from grade) from the opposite side of the adjacent
right-of-way; for corner properties, said additions shall also not be visible when viewed at eye level
from the diagonal corner at the opposite side of the right-of-way and from the opposite side of the
side street right-of-way. Notwithstanding the foregoing, the line-of-sight requirement may be
modified as deemed appropriate by the jtrint-design-reviewfhistoric preservation board based upon
the following criteria: (i) the addition enhances the architectural contextual balance of the
surrounding area, (ii) the addition is appropriate to the scale and architecture of the existing building,
(iii) the addition maintains the architectural character of the existing building in an appropriate
manner, (iv) the addition minimizes the impact of existing mechanical equipment or other rooftop
elements. The placement and manner of attachment of additions (including those which are adjacent
to existing structures) are subject to joint-desigrr review/historic preservation board approval.
(a) Collins Waterfront Historic District.
Notwithstanding the foregoing provisions of Section 142-1161(d)(2), existing structures
within the Collins Waterfront Historic District may be permitted to have habitable rooftop
additions (whether attached or detached) according to the following criteria:
Ca) Existing Structures greater than five (5) stories:
For rooftop additions, one (1) story is allowed per every three (3) stories of
the existing building. or fractions thereof, with a maximum floor to ceiling
height of 12 feet.
al A maximum of four (4) additional rooftop addition stories may be permitted
above the existing rooftop under this provision.
al The placement and manner of attachment of additions (including those which
are adjacent to existing structures) are subject to historic preservation board
approval, and such additions may not be permitted if they would substantially
impact existing architectural features of special significance, as determined
by the Historic Preservation Board.
(44) No variance from this provision shall be granted.
al Existing Structures five (5) stories or less
Existing buildings of five (5) or less stories shall only be permitted to have
habitable one-story rooftop additions (whether attached or detached), with a
maximum floor to ceiling height of 12 feet, in accordance with the provisions
of Section 142-1161(d)(2).
FAPLAN \$ALL\DRAFTOR\ 1477.0RD 2
294
SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City
of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be
made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may
be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed
to "section", "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days from adoption.
PASSED and ADOPTED this day of , 2000.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
BPLAMSALL \DRAFTOR \ 1477.0RD
October 24, 2000
City Attorney Date
3
295
R6 Comm. Committee Reports
R6 - Commission Committee Reports
R6A Verbal Report on the Finance & Citywide Projects Committee Meeting of November 2, 2000
Regarding: 1) Health Facilities Authority Hospital Revenue Bonds (Mount Sinai Medical
Center Project) Series 2000 C, D & E 2) Review of Loan Agreement Between City of Miami
Beach and Friends of the Bass.
AGENDA ITEM e---e A
DATE i ( ---g---06
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R6 - Commission Committee Reports
R6B Verbal Report on the Neighborhoods Committee Meeting of November 3, 2000 Regarding:
1) Bayshore Trash Transfer Station.
AGENDA ITEM
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X X CD
Cl)
0
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Cl)
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.mianni-beach.fl.us
COMMISSION MEMORANDUM NO. so
TO: Mayor Neisen 0. Kasdin and
DATE: November 8, 2000
Member of the City Commission
FROM: Jorge Gonzalez
City Manager
PUBLIC HEARING
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE
CITY AND UNIDAD OF MIAMI BEACH, INC. FOR A PORTION OF THE
CITY-OWNED PROPERTY LOCATED AT 833-6TH STREET, MIAMI
BEACH, FLORIDA, FOR A TEN (10) YEAR TERM, COMMENCING ON
DECEMBER 1, 2000, AND ENDING ON NOVEMBER 30, 2010, FOR USE
AS ADMINISTRATIVE OFFICES AND ONE-STOP CENTER; FURTHER
WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING AND
APPRAISAL REQUIREMENTS, AS SET FORTH IN SECTION 82-39 OF
THE MIAMI BEACH CITY CODE, FINDING SUCH WAIVER TO BE IN
THE BEST INTEREST OF THE CITY
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
On September 9, 1998, the Mayor and City Commission adopted Resolution No. 98-22863
approving a Lease Agreement between the City and UNIDAD of Miami Beach, Inc. (UNIDAD) for
the use of a portion of the South Shore Community Center located at 833-6th Street. On June 23,
1999, the Mayor and City Commission adopted Resolution No. 99-23211 approving a new Lease
Agreement between the City and UNIDAD for the continued use of the South Shore Community
Center space.
UNIDAD has been utilizing space in the South Shore Community Center to provide information and
referrals to existing community agencies and service providers targeting the whole area of the City.
UNIDAD applied for, and has been awarded grants by the Training and Employment Consortium
of South Florida (TECSF) and the Department of Labor (DOL) for various programs.
The TECSF has granted funds via the following programs:
Recapture Program (approximately $50,000) which provides assistance to youths who have
dropped out of school or have been in trouble with the law. The program provides for
assisting these individuals with obtaining General Education Diplomas, counseling, short
term career training, employment assistance and the expunging of records to assist them
AGENDA ITEM el/4
DATE I —CD
300
with getting a fresh start.
Refugee and Employment and Integration Program (approximately $100,000) which
provides education in the English language and short term career training to allow these
individuals to more easily integrate into the community.
Dislocated Workers Program (approximately $100,000) which is designed to assist
unemployed individuals in getting back into the work force and provide re-training to allow
them to become more competitive in the current job market.
Title II A Program (approximately $107,000) which provides for training individuals for
new careers and assists with transition from government subsidies to self sufficiency.
The DOL has provided grants via the Senior Aides Program (approximately $557,000) to assist in
the re-employment of senior citizens in public and community service related jobs.
The funding received by UNIDAD through these grants will continue to provide counseling,
education, and employment training to the City's youth, immigrant, refugee, and senior citizen
population, on a city-wide basis.
UNIDAD continues to be in need of its existing office space and has requested to continue to lease
the property at 833-6th Street on a long term basis. Moreover, UNIDAD has increased its programs
by approximately 75% and has received funding as a One-Stop Center for Miami Beach, and is
seeking the City's assistance with this expansion. The One-Stop Center is designed to be a jobs and
benefits office which offers all the programs previously mentioned, in addition to unemployment
information, workers compensation, and a full time social service/information and referral staff.
The proposed Lease Agreement (Exhibit A) includes an increase of approximately 977± square feet,
from 493 square feet to 1470 square feet (Exhibit 1 of Lease Agreement), until such time as the
proposed rehabilitation of the South Shore Community Center is completed. Once completed, the
leased space will increase to 2209 square feet (Exhibit 2 of Lease Agreement). In addition,
UNIDAD, like the other facility users, will have the ability to use other portions of the facility, such
as the classrooms and auditorium when not previously programmed for ongoing use. This will
expand the area accessible to UNIDAD by an additional 4000 square feet (Exhibit 2-A of Lease
Agreement) that will enable the organization's compliance with the funding source requirements.
The proposed Lease Agreement begins on December 1, 2000, and ends on November 30, 2010. The
Agreement provides for UNIDAD to pay a rental sum of One Dollar ($1.00) per year, in addition to
any sales, use or excise tax(es) for space. Additionally, UNIDAD will pay its proportionate share
of Common Area Maintenance (CAM). CAM includes operating expenses, based on the square
footage of the rentable area in the building, as well as all utilities within the leased premises
including, but not limited to electricity, water, gas, telephone and garbage disposal.
The 1859 square feet that UNIDAD will be occupying consists of approximately 11.6% of the
overall leasable space of 12,672 square feet currently available at the South Shore Community
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Center. The Property Management Division has calculated that annual CAM costs for the Center
for Fiscal Year 1999-2000 were approximately $84,000. As such, UNIDAD ' s pro-rata share, as
previously described, will be approximately $12,322.91 per year ($1,026.90 per month).
City Code Section 82-36 through 82-40 Requirements
Since the proposed Lease is for a term of more than one year, the provisions of Section 82-36
through 82-40 (the "Shapiro Ordinance", No. 92-2783) are applicable. Pursuant to said provisions,
the lease of any City-owned property for a term of five years or more, including option terms, is
subject to the following conditions:
• a Planning Department analysis
• a public hearing to obtain citizen input
• an advertised public bidding process
• an independent appraisal to determine the fair market or rental value of the property
Said provisions further provide that except for the public hearing and the Planning Department
analysis, the above referenced conditions may be waived by a 5/7' vote of the City Commission
upon a finding that the public interest would be served by waiving such conditions. As such,
waivers will be required for the public bidding process and independent appraisal for this transaction.
A public hearing has been scheduled on this date, and the Planning Department analysis of the
proposed Lease Agreement is attached for City Commission consideration (Exhibit B).
The proposed Lease Agreement also contemplates future improvements to the South Shore
Community Center which are to be partially funded via the recently issued General Obligation (G.O.)
Bond. A question regarding the use of tax exempt G.O. Bond funds for properties which are leased
to private organizations was raised with Bond Counsel. Bond Counsel opined that the use by not-
for-profit charitable organizations {Internal Revenue Code Section 501(c)(3)}, of properties
improved with G.O. Bond monies would be appropriate. A written opinion (Exhibit C) from Bond
Counsel, stated that the tax exempt status of the G.O. Bonds would not be adversely affected if the
user charitable organizations are determined to be of a not-for-profit status by the Internal Revenue
Service, and that the activities conducted by said organizations:
are in keeping with the public purposes of the City, and
are in keeping with the charitable purposes for which said organizations were
established, and
will not result in any unrelated business income to the organization within the
meaning of the provisions of the Internal Revenue Code, and
so long as the period of the lease does not exceed the lesser of :
half of the remaining life of the loans, or
- twenty-five percent (25%) of the useful economic life of the property
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It has been determined that the remaining life of the G.O. Bond related loans are approximately
twenty (20) years; that the useful economic life of the property, as rehabilitated, is not less than
twenty (20) years; that UNIDAD is a qualified 501(c)(3) charitable not-for-profit organization; and
as such, the proposed Lease Agreement would not be violative of the above cited provisions.
In the coming months, the Administration will be drafting Lease Agreements with all other tenants
currently occupying the Center. As a result of the proposed renovations, the Administration deemed
it would be in the best interest of all parties concerned, to draft new lease agreements contemplating
the completion of the improvements reflecting each agency's usage of space at the South Shore
Community Center. Such leases will also include prospective cost sharing of CAM and reserves for
repair and replacements. The matter has been discussed with a majority of the tenants, who have
voiced support and agreement with the Administration's position that all tenants pay their pro-rata
share of CAM costs.
The Administration has determined that leasing the premises to UNIDAD would help support a
portion of the City's population who are most in need of help and would be in the best interest of the
City of Miami Beach. The Administration will strive to minimize any impact to the agencies,
continue to provide support, and not interrupt these important community services. However,
UNIDAD has recently informed the City that it is in a position to upgrade their category as a grants
recipient which would allow them to continue to expand their programs and provide additional
services to our community. UNIDAD further advised that in order to continue to receive funding,
the granting authority requires that UNIDAD provide confirmation that they obtained a long term
commitment for the use of office space to meet their programming needs. UNIDAD has requested
that the City provide this long term commitment to provide office space to meet their programming
needs.
The Administration recommends the approval of the attached Lease Agreement between the City
and UNIDAD for a portion of the City-owned property located at 833-6th Street, for a ten (10) year
term, beginning on December 1, 2000, and ending on November 30, 2010, and further recommends
waiving by 5/7ths vote, the competitive bidding and appraisal requirements, as set forth in Section
82-39 of the Miami Beach City Code, finding such waiver to be in the City's best interest.
JMG:CALC,ID:r1r
TAAGENDA\2000\NOV0800\REGULAR\UNIDAD.MEM 11/01/00
303
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT
BETWEEN THE CITY AND UNIDAD OF MIAMI BEACH, INC. FOR
A PORTION OF THE CITY-OWNED PROPERTY LOCATED AT
833-6TH STREET, MIAMI BEACH, FLORIDA, FOR A TEN (10) YEAR
TERM, COMMENCING ON DECEMBER 1, 2000, AND ENDING ON
NOVEMBER 30, 2010, FOR USE AS ADMINISTRATIVE OFFICES
AND ONE-STOP CENTER; FURTHER WAIVING, BY 5/7THS VOTE,
THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS,
AS SET FORTH IN SECTION 82-39 OF THE MIAMI BEACH CITY
CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST
OF THE CITY
WHEREAS, on September 9, 1998, the Mayor and City Commission adopted Resolution
No. 98-22863, approving a Lease Agreement between the City and UNIDAD of Miami Beach, Inc.
(UNIDAD) for the use of a portion of the City-owned South Shore Community Center, located at
833-6th Street (the Property) as an administrative office; and
WHEREAS, on June 23, 1999, the Mayor and City Commission adopted Resolution
No. 99-23211, approving a new Lease Agreement between the City and UNIDAD for the continued
use of that portion of the Property, as an administrative office; and
WHEREAS, UNIDAD recently informed the City that it is in a position to upgrade its
category as a grants recipient which would allow them to continue to expand their programs and
provide additional services to our community; and
WHEREAS, UNIDAD applied for and was awarded additional funding via grants from the
Training and Employment Consortium of South Florida and the Department of Labor, and these
grants will continue to provide for counseling, education, and employment training to the City's
youth, immigrant, refugee, and senior citizen population; and
WHEREAS, these grants allow for the continued expansion of UNIDAD's operations and
provid the opportunity to continue servicing all areas of the City. UNIDAD continues to be in need
of the aforementioned office space and has requested that the City provide additional office space
within the Property; and
WHEREAS, UNIDAD further advised that in order to continue to receive funding, the
granting authority requires that UNIDAD provide confirmation that it obtained a long term
commitment for the use of an expanded office area to meet its programming needs; and
WHEREAS, UNIDAD has thus requested to enter into a long term lease with the City, for
an expanded portion of the City-owned South Shore Community Center; and
304
2-lam
WHEREAS, the Administration and UNIDAD have negotiated and agreed to the terms
contained in the attached Lease Agreement, for a ten (10) year term, commencing on December 1,
2000, and ending on November 30, 2010; and
WHEREAS, the City further recognizes that UNIDAD is an asset, and provides a much
needed service to our community and deems that supporting its request would be in the City's best
interest; and
WHEREAS, Section 82-39 of the Miami Beach City Code, governing the sale/lease of
public property, provides for the waiver of•the competitive bidding and appraisal requirement, by
5/7ths vote of the Mayor and City Commission, for leases of City land of more than five years, upon
a finding by the Mayor and City Commission that the public interest would be served by waiving
such conditions.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk
are authorized to execute the attached Lease Agreement between the City and UNIDAD of Miami
Beach, Inc., for a portion of the City-owned South Shore Community Center, located at 833-6th
Street, Miami Beach, Florida, for a ten (10) year term, commencing on December 1, 2000, and
ending on November 30, 2010, for use as administrative offices and One-Stop Center; and that the
competitive bidding and appraisal requirements set forth in Section 82-39 of the Miami Beach City
Code, be waived, by 5 /7ths vote, finding such waiver to be in the best interest of the City.
ATTEST:
CITY CLERK MAYOR
JMG:CMC:JD:rlr
APPROVED AS TO
TAAGENDA\2000\NOV0800\REGULAR\UNIDAD.RES 11/01/00
FORM & LANGUAGE
& FOR EXECUTION
305
LEASE AGREEMENT
THIS LEASE, executed this 8th day of November, 2000, between CITY OF MIAMI
BEACH, a Florida municipal corporation (Lessor), and UNIDAD OF MIAMI BEACH, INC.,
a non-profit corporation, d/b/a Miami Beach Hispanic Community Center (Lessee).
WITNESSETH: The Lessor, for and in consideration of the rent herein reserved to be
paid by the Lessee, and in consideration of,the covenants herein to be kept and performed by the
Lessee, does hereby lease and demise unto the Lessee the following described premises (the
Premises) situated in the City of Miami Beach, County of Dade, State of Florida:
Approximately 1859 square feet of administrative office space, as more specifically
delineated in Exhibit 1, attached hereto and incorporated herein, located on the 2nd floor
of the two story building known as the South Shore Community Center and located at
833 - 6th Street, Miami Beach, Florida, more particularly described as Lots 6 thru 11,
Block 73, Ocean Beach Addition No.3, Plat Book 2, Page 81, Public Records of Miami-
Dade County, Florida, which upon completion of the proposed Rehabilitation Project shall
be redesignated as follows:
Approximately 2209 square feet, on a full time basis (Area A), 1435 square feet
on a part-time basis (Areas B,C,D), and 2,500 square feet, as may be made
available based upon programmed uses approved by the City within the South
Shore Community Center (Area E), as more specifically delineated in Exhibit 2 and
Exhibit 2-A, attached hereto and incorporated herein, located on the 1st and 2nd
floors of the South Shore Community Center.
TO HAVE AND TO HOLD the Premises unto the Lessee, or a term of ten (10) years,
beginning on the 1st day of December, 2000, and ending on the 30th day of November, 2010, the
Lessee yielding and paying to the Lessor the rental sum of One Dollar ($1.00) for the Lease term,
as agreed by the parties hereto, payable upon execution of this Lease Agreement
Lessee shall be required to pay Lessor interest at the highest rate permitted by law on any
rents or other payments due Lessor hereunder that remain unpaid after its due date; and, to the
extent any payment of rent or other charge remains unpaid for a period of ten (10) days after its
due date, in addition to any other remedies, Lessee shall pay to Lessor a late charge of fifty
($50.00) dollars to cover Lessor's additional administrative expenses.
Lessee shall also pay as "additional rent", all sales, real estate, use or excise tax(es)
imposed, levied or assessed against the Premises or any other charge or payment required here by
any governmental authority having jurisdiction there over, even though the taxing statute or
ordinance may purport to impose such tax against Lessor. The payment of sales tax shall be made
by Lessee concurrently with payment of the minimum rent. Lessee agrees that it will pay its
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Proportionate Share of real estate taxes assessed against the South Shore Community Center and
its Proportionate Share of Common Area Maintenance (CAM) in the South Shore Community
Center, as set forth and defined in Paragraph 2 of this Agreement. Lessee's Proportionate Share
of real estate taxes will be paid upon demand accompanied by a copy of the paid tax bill. Lessee's
Proportionate Share of CAM as set forth in Paragraph 2 of this Agreement, will be paid monthly
(or as otherwise determined by Lessor) upon demand by Lessor. As used herein, Lessee's
"Proportionate Share" means a fraction, the numerator of which is the square footage of the
Premises and the denominator of which is the square footage of all of the rentable area in the
building (i.e. the South Shore Community Center) of which the Premises is a part, including the
square footage of the Premises.
The Lessee hereby understands that during the lease term the Lessor may initiate substantial
rehabilitation (the Rehabilitation Project) of the South Shore Community Center, in which the
Premises are located. As such, the Lessee further understands that the vacation of the Premises may
be required during the term, or a portion of the term of the Rehabilitation Project. The Lessee hereby
agrees that if necessary and within fifteen (15) calendar days from receipt of written notice from
the Lessor, the Lessee shall vacate the Premises and remove any and all personal property until such
time as the aforementioned rehabilitation is completed. The Lessee further agrees that reoccupation
of the Premises shall not be permitted until written authorization is received from the Lessor that
such reoccupation may begin. Notwithstanding the preceding sentences Lessor shall use its best
efforts to provide relocation space to Lessee during the Rehabilitation Project.
The Lessor agrees that in the event the Lessee is required to vacate the Premises as described
in the paragraph above, Lessee's Proportionate Share of CAM as set forth in Paragraph 2 of this
Agreement shall be abated during the period that the Premises are uninhabitable. Said period shall
begin effective the day that the Lessee vacates the Premises after receiving written notice from the
Lessor as described in the paragraph above, and end fifteen (15) days after Lessee receives written
notification that reoccupation has been authorized, as described in the paragraph above. However,
except as provided above, Lessee shall be required to continue paying all other rent as provided
herein throughout the term of this Lease Agreement, including any rehabilitation period, whether
or not the Lessee is required to vacate the Premises during said rehabilitation period. Upon Lessee's
reentering of the Premises, at the completion of the Rehabilitation Project, CAM costs shall be
recalculated based on the square footage of the redesignated space as reflected in Exhibit 2 and
Exhibit 2-A.
The Lessee agrees to keep, conform to and abide by each of the following covenants which are
hereby made conditions of this Lease:
1. To pay the rents set forth herein in advance, at the times and in the manner
aforesaid, and should the rents herein provided at any time remain unpaid after same shall become
due, the Lessor shall have such remedies as may be granted pursuant to the laws of the State of
Florida. All rent payments shall be made to the Lessor at the following address: City of Miami
Beach Finance Department, c/o Revenue Supervisor, 1700 Convention Center Drive, Third Floor,
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Miami Beach, Florida, 33139, or at such other place as the Lessor may, from time to time,
designate in writing.
2. Operating Expenses shall include all costs associated with the maintenance and
operation of the Premises, including utilities and Common Area Maintenance (CAM). Utilities
and CAM shall include, but are not limited to, electricity, water, gas, telephone service and
garbage disposal. Annual CAM costs for Fiscal Year 1999-2000 for the South Shore Community
Center, and for purposes of this Lease Agreement, have been calculated, as determined by the
City's Property Management Division, at approximately $84,000. Lessee will be occupying
approximately 1859 square feet or 11.6% of the overall leasable space of 12,672 square feet
currently available at the South Shore Community Center. For the term of this Lease, Lessor and
Lessee agree that the CAM, as defined above, shall be One Thousand Twenty Six 90/100 Dollars
($1026.90) per month, and shall be due and payable by the Lessee in the manner provided above.
CAM costs shall be adjusted accordingly, in the event that the size of the Premises is increased
as a result of the Rehabilitation Project, and in accordance with the redesignated space as reflected
in Exhibit 2 and Exhibit 2A, and in the event that costs associated with maintenance and operation
of the South Shore Community Center increase and on a prorated share of any other portion of the
facility that is used on a part-time or as available basis.
3. The Lessee accepts the Premises in their present "as is" condition, and is
responsible for all interior modifications and maintenance, including entrance doors, windows,
and screens. Lessee must first obtain Lessor's written approval for any alteration, additions
and/or improvements to the Premises and then must pay for such modifications, which shall
become Lessor's permanent improvements upon completion. Detailed plans for leasehold
improvements shall be submitted to Lessor within thirty (30) days following Lessor's completion
of the Rehabilitation Project. The Lessee shall have the right to use any equipment, furnishing
and fixtures left by Lessor on the Premises. Lessor represents that such equipment, furnishing and
fixtures, are to be used in their "as is" condition, and that Lessee is solely responsible for
maintaining same, at its sole cost and expense, throughout the duration of this Agreement. In the
event any of the aforesaid items are lost, stolen or damaged, they shall be replaced or repaired at
the sole cost and expense of Lessee, ordinary wear and tear excepted. Upon expiration of this
Agreement, Lessee shall quietly and peacefully redeliver said equipment, furnishings and fixtures
to Lessor. At its option, Lessor may take inventory of the Premises, including all improvements,
equipment, furnishings, and fixtures at any time prior to the commencement of, or during the term
of, this Lease.
4. Lessee agrees that any noise disturbance, inconvenience, disruption, failure of any
facilities, the shutting off of light or access to the Premises, or any other nuisance or nuisances,
caused by or due to any repairs, alterations, improvements, additions or construction by the
Lessor, its agents, servants or employees to any part or portion of the building and for parking
areas wherein the Premises are located, shall not be deemed or construed as a breach or violation
of the peaceful possession of the Premises on the part of the Lessee. It is specifically further
agreed that any such conditions shall not give rise to any abatement, rebate or diminution of the
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rent reserved herein, nor to any liability or responsibility by reason thereof on the part of the
Lessee.
5. It is understood that any property left on the Premises at the expiration of the Lease,
shall be considered abandoned and shall become and be deemed the property of the Lessor.
6. Notwithstanding Paragraph 3 herein, at Lessor's discretion, any and all alterations
or additions made by the Lessee to or in the Premises shall at the request of the Lessor, at the
expiration of the term of this Lease or sooner termination thereof, be removed by the Lessee at
its cost and expense and Lessee further hereby agrees in such event, to restore the Premises to
their original condition as of the date of this Lease.
7. Lessee shall not assign Lessee's interest in this Lease, nor underlet the whole or any
part of the Premises, nor use the same for any purpose other than for use as an administrative
office for the Miami Beach Hispanic Community Center, and One Stop Center, without first
obtaining the written consent to such assignment or underletting, or to such change of purpose for
the use of the Premises, from the Lessor, which consent shall be given, if at all, at Lessor's sole
discretion. Lessee further covenants that the Premises will not be used for any purpose that will
invalidate any policies of insurance now or hereafter written on the building on which the Premises
are located, or will increase the rate of premium thereof.
7. a. Lessee agrees and understands that since improvements to the South Shore
Community Center are to be partially funded by General Obligation (G.0.) Bond moneys that it will
comply with the terms and conditions, as required by the City's Bond Counsel, outlined as follows:
1) Lessee's purpose must be a not-for-profit charitable organization in accordance with
Internal Revenue Code Section 501(c)(3), and provide the Lessor with evidence of
same.
2) The activities conducted by Lessee must be in keeping with the public purposes of
the City; and with the charitable purposes for which Lessee's organization was
established.
3) Lessee's activities will not result in any unrelated business income to Lessee within
the meaning of the provisions of the Internal Revenue Code, and the regulations and
rulings thereunder, relating to tax exempt organizations.
8. Lessee shall use the Premises in accordance with all laws and ordinances now or
hereinafter applicable; also to exercise all reasonable care in the use of halls, stairs, corridors,
restrooms, and other fixtures and parts of the Premises used in common with other tenants in said
building which may be necessary for the preservation of the property and comfort of the other
tenants.
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9. Lessee shall not permit or suffer any noise, disturbance or nuisance whatsoever -on
the Premises detrimental to same or annoying to the neighbors, and the Lessee acknowledges that
the Premises have been received in thoroughly good order, tenantable condition and repair, of
which the execution of this Lease, and taking possession hereunder, shall be conclusive evidence.
Lessee further acknowledges that no representations as to the condition of the Premises have been
made by the Lessor, or the Lessor's agent.
10. Lessee agrees to keep the interior of the Premises in good condition during the
continuation of the term herein demised, and every part thereof, including the plumbing, doors
and windows, and will keep the same in pod, sound, clean condition and repair, ordinary wear
and tear, fire, hurricane or other act of God alone excepted, and will not suffer or permit any strip
or waste of the Premises.
11. Lessee shall permit the Lessor, or the Lessor's agent, at any reasonable time, to
enter and inspect the Premises, and make repairs, if in the Lessor's sole judgment, the Lessor
should elect to do so.
12. If Lessee abandons or vacates the Premises prior to the expiration of the term
hereof, or if Lessee fails to make the rent payments as set forth herein and said payment is not
made within fifteen (15) days after written notice of such failure is given to Lessee, or if Lessee
fails to discharge or bond off any lien filed on the Premises within fifteen (15) days of written
notice from Lessor to Lessee, or if Lessee fails to perform in accordance with any of the other
terms and conditions herein contained, and such default is not cured within thirty (30) days after
written notice is given to Lessee, then Lessor may terminate this Lease without further notice to
Lessee and, additionally, pursue any and all legal remedies available to seek redress for such
default, with the prevailing party paying all reasonable legal fees.
13. The Lessee pledges and assigns unto the Lessor all the furniture and fixtures, goods
and chattels of the Lessee, which may be brought or put on the Premises, as security for the
payment of the rent herein reserved, and as additional consideration for this Agreement.
14. In the event the Premises, or any part thereof, shall at any time be destroyed or so
damaged by fire or other elements so as to be unfit for occupancy or use by the Lessee, then and
in that event, the Lessor shall have the option to terminate this lease or to repair and rebuild the
Premises. In the event the Lessor elects to exercise the option to repair and rebuild, the same shall
be done and completed within a reasonable time, but in no event shall such time be more than
sixty (60) days from the date of the initial damage or destruction rendering the Premises
untenantable.
15. The Lessee shall not attach any signs to the Premises, or place any lettering on the
plate glass windows, unless such signs, and such lettering, have been approved by the Lessor, and
are in conformance with all applicable municipal, County, State and Federal laws.
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16. At the expiration of the term hereof, the Lessee shall quietly and peaceably deliver
the Premises to the Lessor in the same repair and condition in which they were received, ordinary
wear and tear excepted.
17. The Lessor covenants that it will keep the exterior roof and walls of the building
in which premises are situated, in good repair. The Lessee shall give to the Lessor seven (7) days
written notice of needed repairs, and the Lessor shall have a reasonable time thereafter within
which to commence said repairs.
18. The terms Lessor and Lessee as herein contained shall include the singular and/or
plural, masculine, feminine, and/or neuter, and heirs, successors, personal representatives and/or
assigns of the parties hereto.
19. The failure of the Lessor in one or more instances to insist upon strict performance
or observance of one or more of the covenants or conditions hereof or to exercise any remedy,
privilege or option herein conferred upon or reserved to the Lessor, shall not operate or be
construed as a relinquishment or waiver for the future of such covenant or condition or of the right
to enforce the same or the exercise such privilege, option, or remedy, but the same shall continue
in full force and effect. The receipt by the Lessor of rent, or additional rent, or any other payment
required to be made by the Lessee, or any part thereof, shall not be a waiver of any other
additional rent or payment then due, nor shall such receipt, though with knowledge of the breach
of any covenant or condition hereof, operate as or be deemed to be a waiver of such breach, and
no waiver by the Lessor of any of the provisions hereof, or any of the Lessor's rights, remedies,
privileges or options hereunder shall be deemed to have been made unless made by the Lessor in
writing. If the Lessor shall consent to the assignments of this Lease or to a subletting of all or a
part of the Premises, no further assignment or subletting shall be made without the written consent
of the Lessor first obtained. No surrender of the Premises for the remainder of the term hereof
shall be valid unless accepted by the Lessor in writing.
20. Lessee represents and warrants that there are no claims for broker's commissions
or finders' fees in connection with the execution of this Lease.
21. Lessee shall not stock, use or sell any article or undertake any activity in the
Premises which may be prohibited by Lessor's insurance policies or which will increase any
insurance rates or premiums for which Lessor is responsible.
22. Should any mechanics' or other liens be filed against the Premises or any part
thereof for any reason whatsoever by reason of Lessee's acts or omissions or because of a claim
against Lessee, Lessee shall cause the same to be canceled and discharged, of record, by bond or
otherwise within twenty (20 days after the filing of such lien.)
23. In the event the Premises are not ready for occupancy by the Lessee upon the
commencement date hereof, for any reason whatsoever, including the fact that the building in
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which the Premises are located has not been completed or sufficiently completed to make the
Premises ready for occupancy, the Lessor shall have no liability to the Lessee by reason of the
Lessor's inability to deliver possession. In such event, the rent set forth herein shall abate until
such time as the Premises are ready for occupancy and the commencement date of the term hereof
shall be deemed to commence upon such date, provided, however, that notwithstanding such
commencement date, this Lease shall expire on the termination date set forth on Page 1 hereof.
24. In the event that it shall become necessary for Lessor to employ the services of an
attorney to enforce any of its rights under this Lease or to collect any sums due to it under this
Lease or to remedy the breach of any covenant of this Lease on the part of the Lessee to be kept
or performed, regardless of whether suit be brought, Lessee shall pay to Lessor such fee as shall
be charged by Lessor's attorney for such services. Should suit be brought for the recovery of
possession of the Leased Premises or for rent or any other sum due Lessor under this Lease, or
because of the breach of any of Lessee's covenants under this Lease, Lessee shall pay to Lessor
all expenses of such suit and any appeal thereof, including a reasonable attorney's fee.
25. Radon is a naturally occurring radioactive gas that, when it is accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over
time. Levels of Radon that exceed Federal and State guidelines have been found in buildings in
Florida. Additional information regarding Radon and Radon testing may be obtained from your
County Public Health Unit.
26. Notice shall be deemed properly given hereunder when made in writing and
deposited in the United States certified or registered mails, with sufficient postage prepaid thereon
to carry it to its addressed destination; and the said notices shall be addressed as follows:
For the Lessor:
With a copy to:
For the Lessee:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
City Attorney
1700 Convention Center Drive
4th Floor
Miami Beach, Florida 33139
UNIDAD of Miami Beach, Inc.
c/o Miami Beach Hispanic Community Center
1701 Normandy Drive
P.O. Box 416479
Miami Beach, Florida 33141
or to such other address as shall be supplied in writing by any party to the other.
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27. The Lessee shall indemnify, defend and hold Lessor harmless from any and all
claims, liability, losses, and causes of action which may arise out of Lessee's use of the Premises
under this Agreement and shall pay all claims and losses of any nature whatsoever in connection
therewith and shall defend all suits, in the name of Lessor, and shall pay all costs (including
attorney's fees) and judgments which may issue thereon. This indemnification shall not be limited
in any way by the type or amount of insurance carried by Lessee. Lessee shall carry and maintain
in full force and effect at all times during the term of this Agreement the following insurance
coverages:
a. Comprehensive General Liability' in the minimum amount of Five Hundred Thousand
Dollars ($500,000) per occurrence for bodily injury and property damage. This policy
must also contain coverage for premises operation, products and contractual liability.
b. The City must be named as an additional insured on the policies required above. All
Certificates of Insurance shall state: This insurance coverage is primary to all other
coverages provided by the City of Miami Beach.
c. Workers' Compensation and Employers' Liability to meet the statutory requirements of
the State of Florida.
d. All insurance policies shall be issued by companies authorized to do business under the
laws of the State of Florida and must have a rating of B+ :VI or better per A.M. Best's
Key Rating Guide, latest edition.
e. Lessee shall furnish original certificates of insurance, evidencing the required coverage,
and receive approval of same, prior to the commencement of operations.
f. Certificates of Insurance shall be approved by the City's Risk Manager and kept on file
in the Finance Department, Insurance and Safety Division, Third Floor, City Hall.
28. Lessor desires to enter into this Lease only if in so doing Lessor can place a limit
on the Lessor's liability for any cause of action for money damages due to an alleged breach by
the Lessor of this Lease, so that its liability for any such breach never exceeds the sum of
$1,000.00. Lessee hereby expresses its willingness to enter into this Lease with Lessee's recovery
from Lessor for any damage action for breach of contract to be limited to a maximum amount of
the amount of $1,000.00.
Accordingly, and notwithstanding any other term or condition of this Lease, Lessor hereby agrees
that it shall not be liable to the Lessee for damages in an amount in excess of $1,000.00, for any
action or claim for breach of contract arising out of the performance or non-performance of any
obligations imposed upon the Lessor by this Lease. Nothing contained in this paragraph or
elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon
City's liability as set forth in Florida Statutes, Section 768.28.
Page 8 of 9
313
President
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
29. Any litigation between the parties, arising out of, or in connection with this Lease,
shall be initiated in the court system of the County of Miami-Dade, State of Florida.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year stated above.
Signed, sealed and delivered in the presence of:
LESSOR:
Attest: CITY OF MIAMI BEACH
By: By:
City Clerk Mayor
LESSEE:
UNIDAD of Miami Beach, Inc.
By: By:
Secretary
(Seal):
JMG:CMC:JD:rlr
T: \AGENDA\2000\NOV0800\REGULAR\UNIDADSO.LSE11/01/00
Page 9 of 9
314
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317
CITY OF MIAMI BEACH
PLANNING DEPARTMENT
To: Christina M. Cuervo
Assistant City Manager
From: Jorge G. Gomez
Planning and Zoning !rector
Date: October 26, 2000
Subject: Analysis of the City Owned Property at South Shore Community
Center (833 6th Street) for Lease to Unidad of Miami Beach, for the
operation of the Mirni Beach Hispanic Community Center
(Ordinance 92-2783)
Pursuant to your request, this memorandum serves to provide an analysis of the lease of
City Owned Property at the subject property.
Ordinance 92-2783 of the City of Miami Beach requires that any proposed sale or lease
of city-owned land be analyzed from a planning perspective in order that the City
Commission and the public are fully apprised of all conditions relating to the proposed sale
or lease. What follows, herein, are each of the eight criteria prescribed in said ordinance
and a response to each:
1. Whether or not the proposed use is in keeping with City goals and objectives
and conforms to the City Comprehensive Plan.
The property in question, 833 6th Street, is the site of the South Shore Community
Center. The Future Land Use Map of the City's Comprehensive Plan designates
the site as PF, Public Facility.
The leasing of a portion of the facility to Unidad of Miami Beach, for use as the
Miami Beach Hispanic Community Center, would conform to the land use
designation contained in the Comprehensive Plan.
2. The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the City shall
determine the potential impact of the project on City utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further
evaluation of traffic impact is needed, the proponent shall be responsible for
obtaining a tiaffiCi impact analysis from a reputable traffic engineer.
'IC :1 11,1t-41 Ii011 00
Exhibit B 318
The site currently contains an existing community center, and the continued use of
the site as a community center should not have any negative impact on the
surrounding area.
3. A determination as to whether or not the proposed use is in keeping with a
public purpose and community needs, such as expanding the City's revenue
base, reducing City costs, creating jobs, creating a significant revenue stream
and improving the community's overall quality of life.
The Community Center has become an important facility for many of the residents
of the City. The facility's presence has improved the community's overall quality of
life.
4. Determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views, or create other environmental
intrusions, and evaluation of the design and aesthetic considerations of the
project.
The City has proposed a restoration and rehabilitation of the existing building, which
may also include a small addition or other exterior work. The proposal for leasing
space within the facility is does not generate any new construction, however, nor
should the leasing of the facility interfere with the City's proposed plans for
restoration and rehabilitation of the building.
5. The impact on adjacent properties, whether or not there is adequate parking,
street, and infrastructure needs.
There should be no negative impact on adjacent properties. While parking is a
problem throughout the City, the proposed lease should not significantly increase
the need for parking. Since the facility is in currently in operation, no further
infrastructure needs are anticipated.
6. A determination as to whether or not alternatives are available for the
proposed disposition, including assembly of adjacent properties, and whether
the project could be accomplished under a private-ownership assembly.
There are very few alternative locations with the appropriate zoning/land use
classification to accommodate a community center in the neighboring area.
Assembly of adjacent properties is not likely.
7. Within the constraints of public objectives, the department should examine
financial issues such as job generation, providing housing opportunities, and
the return to the City for its disposition of property.
2
319
The community center facility may moderately increase the job base of the City
(e.g., instructors, community service workers, etc.). The proposed expansion of the
facility would have the potential to further increase this job base to a moderate
degree. No housing opportunities are created under the current facility or the
proposed expansion.
8. Such other items as the Planning Department may deem appropriate in
analysis of the proposed disposition.
Planning Staff has not identified,any further items.
JGG/RGL/rgl
FAPLAM$ALUGENCORMINTEROFF\UDADSHAP.WPD
3
320
10/23/00 10:11 FAX 650 432 0677
MOPS
Q3002
LAW OFFICES OF
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
A PROFESSIONAL LIMITED LIABILITY COMPANY
25 WEST CEDAR STREET. SUITE 500
PENSACOLA, FLORIDA 32501
850/469-1088
OF COUNSEL
TELECOPY 850/432-0677
RICHARD L LOTT
PAIRICIA D. LCIT
ANNA HOLLIDAY BENSON
October 16, 2000
City of Miami Beach Murray H. Dubbin. Esq. Miami Beach. Florida Miami Beach, Florida
$15,910,000
CITY OF MIAMI BEACH, FLORIDA LOAN
FROM THE CITY OF GULF BREEZE, FLORIDA LOCAL
GOVERNMENT LOAN PROGRAM, FLOATING RATE DEMAND REVENUE
BONDS, SERIES 1985B
AND
$14,090,000
CITY OF MIAMI, BEACH, FLORIDA
LOAN FROM THE CITY OF GULF BREEZE, FLORIDA
LOCAL GOVERNMENT LOAN PROGRAM, FLOATING RATE DEMAND
REVENUE BONDS, SERIES 1985E
Dear Ladies and Gentlemen:
We have acted as bond counsel to the City of Gulf Breeze, Florida, in
connection with the above-referenced loans to the City of Miami Beach. Florida
(the "Governmental Unit"), pursuant to the laws of the State of Florida.
particularly Chapter 166, Part I, and Chapter 163, Part I, Florida Statutes, as
amended. (collectively, the "Act") and other applicable provisions of law,
Resolution No. 2000-23966, (the "Authorizing Resolution"), and Loan
Agreements dated as of June 1, 2000 (the "Loan Agreements"), by and among
the Governmental Unit..SunTrust Bank, as Trustee (the "Trustee") and Lane
Gilchrist, Mayor, as Administrator (the "Administrator") acting on behalf of the
City of Gulf Breeze, Florida (the "Sponsor"). Capitalized terms used herein which are defined in the Loan Agreements shan have the meanings set forth
therein unless the context hereof expreSsly requires otherwise.
Pursuant to the Loan Agreements and the Tax And Non-Arbitrage
Certificates executed on the date of the closings of the Loans, the Governmental
Unit has agreed that it will neither make nor cause to be made any investment
or other use of the proceeds of the Loans which would cause the Bonds to be
"arbitrage bonds" under Section 103 of the 1954 Code, as amended, and the
Exhibit C 321
r.-ii. 4J.4 UOit aCPS L003
regulations issued thereunder, and that it will comply with the requirements of
such Section and regulations throughout the term of the above-referenced
Bonds, so as not adversely af fect the tax-exempt status of the Bonds. The
Governmental Unit also agreed not to make any disposition of property financed
with the Loan proceeds if such disposition is not accompanied by a Favorable
Opinion of Bond Counsel respecting the tax-exempt status of the Bonds. Such
agreements are referred to herein as the "Covenants".
We understand that the Governmental Unit proposed to permit certain
non-profit organizations (the "Charities') to make use of facilities owned by the
Governmental Unit and financed in part with the proceeds of the Loans. You
have asked our opinion concerning whether such uses would cause the
Governmental Unit to violate the covenants in the Loan Agreements with
respect to the tax-exempt status of the Bonds. In particular, officials of the
Governmental Unit have represented to us that portions of the Loan-financed
facilities niny be leased to or otherwise used by the Charities under
arrangements obligating the City to permit such occupancy for periods not
exceedi g, the lesser of (1) half of the remaining life of the Loans or (11) twenty-
five percent of the useful economic life (using the applicable ADR life for federal
tax purposes).
We further understand that the Charities will only be comprised of not-
for-profit organizations determined by the Internal Revenue Service to be Tax-
Exempt Organizations, and that the activities carried on at the Loan-financed
facilities by the Charities will be for the public purposes of the Governmental
Unit as well as for the charitable purposes for which such Charities are
organized, and will not result in any unrelated business income within the
meaning of the provisions of the Internal Revenue Code, and the regulations
and rulings thereunder, relating to Tax-Exempt Organi?ntions. For purposes
hereof. the term -Tax-Exempt Organization" means a not-for-profit organization
or entity organized and existing under the laws of one of the states of the United
States of America which is an organization described in Section 501(c)(3) of the
Code, exempt from federal income taxes under Section 501(a) of the Code or
any successor provision or similar import hereafter enacted and not a "private
foundation" within the meaning of Section. 509(a) of the Code
Based upon such understandings, we are of the opinion that permitting
the Charities to utill7e the Loan-financed facilities upon such conditions will not
adversely affect the tax-exempt status of the Bonds, and will not cause the
Governmental Unit to violate its Covenants.
Respectfully submitted,
Miller Canfield Paddock and Stone,
P.L.C.
322
CITY OF MIAMI BEACH
NOTICE OF A PUBLIC HEARING
NOTICE IS HEREBY given that a public hearing will be held by the
City Commission of the City of Miami Beach on Wednesday,
November 8, 2000, at 2:30 p.m., in the Commission Chambers, 3rd
Floor, City Hall, 1700 Convention Center Drive, Miami Beach,
Florida, to consider a lease agreement with Unidad of Miami Beach,
Inc. For the lease of a portion of a City-Owned Property located at
833 - 6th Street, Miami Beach, Florida, including the proposed
waiver of the competitive bidding and appraisal requirements, as
set forth in Section 82-39 of the Miami Beach Code.
Inquiries may be directed to the City Manager's office at (305)
673-7010.
ALL INTERESTED PARTIES are invited to appear at this meeting, or
be represented by an agent, or to express their views in writing
addressed to the City Commission, c/o the City Clerk, 1700
Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida
33139. This meeting may be continued and under such circumstances
additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises
the public that: if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at its
meeting or its hearing, such person must ensure that a verbatim
record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This
notice does not constitute consent by the City for the introduction
or admission of otherwise inadmissible or irrelevant evidence, nor
does it authorize challenges or appeals not otherwise allowed by
law.
In accordance with the Americans with Disabilities Act of 1990,
persons needing special accommodation to participate in this
proceeding should contact the City Clerk's office. Telephone (305)
673-7411 for assistance; if hearing impaired, telephone the Florida
Relay Service numbers, (800) 955-8771 (TDD) or (800) 955-8770
(VOICE), for assistance.
323
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION COMMISSION MEMORANDUM NO. .55- I —CI()
TO: Mayor Neisen 0. Kasdin and DATE: November 8 , 2000
Members of the City Commission
FROM: Jorge M. Gonzalez
City Manager
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SALE OF
APPROXIMATELY 200 SQ. FEET OF THE CITY-OWNED RIGHT-OF-
WAY ADJACENT TO THE RESIDENTIAL PROPERTY LOCATED AT 2
SOUTH HIBISCUS DRIVE, MIAMI BEACH, FLORIDA, TO DR. WILLIAM
ZUBKOFF AND CAROLEE DEVITO (THE OWNERS); WAIVING, BY A
5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENT UNDER
ORDINANCE NO. 92-2783; AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE
THE TRANSACTION, INCLUDING A QUITCLAIM DEED, SUBJECT TO
FINAL REVIEW OF SAME BY THE CITY ATTORNEY'S OFFICE.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution with the recommended conditions.
ANALYSIS:
Dr. William Zubkoff and Carolee DeVito(the Owners) own the property at 2 South Hibiscus Drive,
adjacent to an undeveloped twenty(20) ft. wide City alley/right-of-way (see Attachment #1- map of
Hibiscus Island).
In 1990, the Owners proposed to build an addition to their existing single family home. A setback
variance was obtained, plans were prepared and the Building Permit was obtained for a two story
addition, based on a survey prepared by Lannes and Garcia Inc. (See Attachment #2). However, after
the two story addition was built, this original survey was found to have a 10 ft. error, as a result of
which the two story addition is encroaching 5 ft. into the adjacent 20 ft. alley/right-of-way (see as
built survey-Attachment #3). In addition, the property fence wall was built about 10 ft. into this
alley.
AGENDA ITEM
DATE 11 W
324
On April 29, 1999 the Owners filed a Complaint to Quiet Title in the Circuit Court and a civil action
against the surveyor, Lannes and Garcia Inc., for the erroneous survey. Additionally, after
negotiations with City staff regarding the hardship that resulted due to this error and hoping to settle
this matter with the City, the Owners obtained an appraisal from Integra Realty Resources for the
—200 sq. ft. of the two story building footprint in the right-of-way. On December 30, 1999 this
footprint parcel was appraised at $9,550. The City requested to have an additional appraisal
performed by an appraiser of its choice. The second appraisal, prepared by Appraisal First Inc.,
valued this parcel at $1,400, as of June 3, 2000.
Following this, the City Administration and City Attorney's Office evaluated the merits of the
Owners' case, as well as pursuing settlement negotiations which would now recommend the sale of
the "building footprint parcel", as shown in Exhibit A, at the recommended appraised value of
$9,550. This sale would be in accordance with the requirements of City of Miami Beach City Code
Article II, Sections 82-36 through 82-40, governing lease/sale of City property.
An analysis by the Planning Department is attached, in accordance with Section 82-38 of the City
Code. A five-sevenths vote of the City Commission will also be required to waive the public bidding
process.
Based on the above, the Administration recommends the following:
1. Sale of the footprint of the two story addition for $9,550, with reversion rights to the
City in case of demolition of the building, and easement rights to underground
utilities within this area, if any.
2. Removal of the encroaching fence/wall within the right-of-way by Owners.
3. All funds from the sale of this parcel will be used for improvements on the Palm-
Hibiscus Islands. If approved by the Island Homeowners Association, it could be
used towards the reconstruction of the Palm-Hibiscus guard-house.
S/MAN
FAWORKASALL VGKTOMMEMOWACATE \2SHIBISC.WPD
325
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SALE OF
APPROXIMATELY 200 SQ. FEET OF THE CITY -OWNED RIGHT-OF-
WAY ADJACENT TO THE RESIDENTIAL PROPERTY LOCATED AT 2
SOUTH HIBISCUS DRIVE, MIAMI BEACH, FLORIDA, TO DR. WILLIAM
ZUBKOFF AND CAROLEE DEVITO (THE OWNERS); WAIVING, BY
5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENT
PURSUANT TO ORDINANCE NO. 92-2783; AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL DOCUMENTS
TO EFFECTUATE THE TRANSACTION, INCLUDING A QUIT CLAIM
DEED, SUBJECT TO FINAL REVIEW OF SAME BY THE CITY
ATTORNEY'S OFFICE.
WHEREAS, a private encroachment currently exists on the public right-of-way adjacent
to the residential property, located at 2 Hibiscus Drive, Miami Beach, Florida (the Property),
presently owned by Dr. William Zubkoff and Carolee DeVito (the Owners); said encroachment
consisting of a two-story residential addition with a family room on the ground level and bedrooms
on the second floor; and
WHEREAS, the cause of the encroachment -- i.e. the construction of the aforestated
residential addition -- was partly due to an inaccurate survey prepared by Lannes and Garcia, Inc. in
1984, which was relied upon by the Owners and the City when said addition was permitted and
constructed in and around 1991; and
WHEREAS, notwithstanding the encroachment resulting from the inaccurate survey, the
Owners obtained the necessary permits to design and construct the aforestated addition, including
a variance from the Board of Adjustment; and
WHEREAS, in order to obtain clear title for the Property, on April 29, 1999, the Owners
filed a Complaint to Quiet Title in the Circuit Court, said lawsuit styled Zubkoff v. City of Miami
Beach, Case No. 99-10538 CA 32, as well as a civil action against the surveyor, Lannes and Garcia,
Inc., seeking monetary damages for the erroneous survey; and
WHEREAS, pursuant to subsequent negotiations with the Administration and the City
Attorney's Office, recognizing the hardship that has resulted to the Owners as a result of failure to
secure clear title for the Property (due to the erroneous survey), and also acknowledging that,
although Owners may prevail in their action against the surveyor, any monetary damages from said
lawsuit, would still not result in clear title to the Property, Owners and the City have attempted to
reach a mutually agreeable settlement to this matter; and
WHEREAS, accordingly, Owners had an appraisal performed by Integra Realty Resources,
which appraised the approximately 200 sq. ft. parcel, representing only that portion of the residential
addition which encroaches upon the public right-of-way (the Building Footprint), on December 30,
1999, at $9,550.00; and
326
WHEREAS, on June 3, 2000, the City had its own appraisal prepared by Appraisal First,
Inc., which appraised the Building Footprint at $1,400.00; and
WHEREAS, in settlement of this matter, the City Attorney's Office and the Administration
would recommend the sale of the Building Footprint, representing approximately 200 sq. feet of the
adjacent public right-of-way, to Owners; said sale, as mutually agreed to by Owners and the
Administration, to be recommended at the Owners' appraised value, or $9,550.00; and
WHEREAS, in the event that the Mayor and City Commission herein approve the sale of
the Building Footprint (which encroaches 5 feet into the adjacent 20 foot right-of-way), the overall
impact to the adjacent right-of-way would be minimal, with the remaining portion still accessible
for the public's use and enjoyment; and
WHEREAS, pursuant to City of Miami Beach Ordinance No. 92-2783, which establishes
procedures for the sale and/or lease of City property, prior to a sale and/or lease, the Mayor and City
Commission shall hold a public hearing, advertised not less than fifteen (15) days prior to the
hearing, in order to obtain citizen input into the proposed sale and/or lease; and
WHEREAS, accordingly, a public hearing was held on November 8, 2000, to hear public
comment regarding the proposed sale of the Building Footprint to Owners; and
WHEREAS, pursuant to Ordinance No. 92-2783, the City's Planning Department has
prepared its analysis of the proposed sale, and, additionally, the Administration would recommend
that the Mayor and City Commission further waive, by 5/7ths vote, the competitive bidding
requirement, as provided by Ordinance No. 92-2783, finding the proposed sale, in settlement of the
lawsuit filed by Owners against the City, to be in the best interest of the City; and
WHEREAS, as further consideration for its approval of the proposed sale, the
Administration would also recommend that Owners agree to remove an encroaching fence/wall
which currently exists on the public right-of-way at issue, and that Owners agree to a reverter in the
deed of conveyance wherein, in the event the residential addition thereon is ever demolished, the
Building Footprint will revert back to the City for right-of-way purposes.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein approve the sale of approximately 200 Sq. Ft. of the City-owned right-of-way
adjacent to the residential property located at 2 South Hibiscus Drive, Miami Beach, Miami-Dade
County, Florida, to Dr. William Zubkoff and Carolee Devito, as Owners, as follows:
1. The Mayor and City Commission acknowledge and herein approve the sale of
approximately 200 sq. ft. of the City-owned right-of-way adjacent to Owners' residence located at
2 South Hibiscus Drive, said sale representing only the Building Footprint of the encroaching two-
2
327
/- /-0
ify Attorneytcyk Dots
story residential addition. Accordingly, the amount of the sale price for the Building Footprint is the
highest appraisal value (representing the appraisal obtained by Owners by Integra Realty Sources,
dated December 30, 1999), in the amount of $9,550.
2. The sale of the Building Footprint to Owners is subject to and contingent upon the
following:
a. Upon approval of this Resolution, Owners shall agree to dismiss, with
prejudice, the lawsuit filed in this cause against the City styled, Zubkoff v.
City of Miami Beach, 11th Judicial Circuit, Case No. 99-10538 CA 32.
b. Owners agree to the immediate removal of any encroaching fence/wall which
may have been erected or installed by Owners within or adjacent to the right-
of-way, and the City shall have no obligation to convey title to the Building
Footprint until such time as said removal is complete.
c. Owners acknowledge that the sale of the Building Footprint is herein
approved by the Mayor and City Commission, taking into consideration the
particular hardship to Owners herein, as a result of Owners' inability to
obtain clear title, as well as the presumption that said encroachment was
erected pursuant to an erroneous/inaccurate survey. Accordingly, in the event
that the improvement(s), consisting of the residential addition on and over the
Building Footprint, is ever demolished, the Building Footprint, as sold herein
shall revert back to the City for right-of-way purposes.
d. All proceeds from the sale herein will be used by the City for public
improvements on the Palm/Hibiscus Islands.
3. The Mayor and City Commission herein waive, by 5/7ths vote, the competitive
bidding requirement, pursuant to Ordinance No. 92-2783, finding such waiver to be in the best
interest of the City.
PASSED and ADOPTED this day of , 2000.
ATTEST:
MAYOR
CITY CLERK
RJA \kw
F:\ATTO\AGUR\RESOS \2HIBSPH.SAL
3
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
328
CITY OF MIAMI BEACH
PLANNING DEPARTMENT
To: Matthew D. Schwartz
Assistant City Manager
From: Jorge G. Gomez
Planning and Zoning Director
Date: October 30, 2000
Subject: Analysis of the City Owned Property at 2 South Hibiscus Island for
Sale of City Right-of-Way to Adjacent Property Owner
(Ordinance 92-2783)
Pursuant to your request, this memorandum serves to provide an analysis of the lease of
City Owned Property at the subject property.
Ordinance 92-2783 of the City of Miami Beach requires that any proposed sale or lease
of city-owned land be analyzed from a planning perspective in order that the City
Commission and the public are fully apprised of all conditions relating to the proposed sale
or lease. What follows, herein, are each of the eight criteria prescribed in said ordinance
and a response to each:
1. Whether or not the proposed use is in keeping with City goals and objectives
and conforms to the City Comprehensive Plan.
The property in question, approximately 200 square feet of right of way adjacent to
the residential property located at 2 South Hibiscus Drive, is part of an undeveloped
alley on Hibiscus Island The Future Land Use Map of the City's Comprehensive
Plan designates the site as RS, Residential Single-Family.
The sale of a portion of the right-of-way to the adjacent property, which now
contains a portion of the property owner's single family dwelling, would conform to
the land use designation contained in the Comprehensive Plan.
2. The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the City shall
determine the potential impact of the project on City utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further
evaluation of traffic impact is needed, the proponent shall be responsible for
obtaining a traffic impact analysis from a reputable traffic engineer.
1
329
The portion of the right-of-way in question currently contains a portion of the single
family dwelling unit, which was built in error upon City owned land. The continued
use of the property for single family residential purposes should not have a
significant negative impact on the surrounding area. The construction of an addition
to the house and a fence upon this property decreased the open space available
on Hibiscus Island; however, there no further diminution of open space is expected,
nor will there be any negative impact regarding traffic, noise levels, property values,
development patterns, or provision of services.
3. A determination as to whether or not the proposed use is in keeping with a
public purpose and community needs, such as expanding the City's revenue
base, reducing City costs, creating jobs, creating a significant revenue stream
and improving the community's overall quality of life.
While the sale of the property is not specifically designed to foster community
needs, it serves to settle the matter between the property owners and the City. The
sale of the property will also create a one time revenue stream to the City of $9,550,
the appraised value of the parcel of land in question.
4. Determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views, or create other environmental
intrusions, and evaluation of the design and aesthetic considerations of the
project.
The existing single family dwelling unit located partially upon the subject property
is in keeping with the surrounding single family neighborhood. While the
construction of the addition ten years ago did somewhat block the view down the
alley, the construction has already occurred and it is unlikely that the encroaching
structure could be torn down.
5. The impact on adjacent properties, whether or not there is adequate parking,
street, and infrastructure needs.
There should be no negative impact on adjacent properties, other than that which
exists at this time. There is no need for additional parking or infrastructure.
6. A determination as to whether or not alternatives are available for the
proposed disposition, including assembly of adjacent properties, and whether
the project could be accomplished under a private-ownership assembly.
Not applicable.
2
330
7. Within the constraints of public objectives, the department should examine
financial issues such as job generation, providing housing opportunities, and
the return to the City for its disposition of property.
The City will receive $9,550, which has been determined to be the appraised value
of the property in question.
8. Such other items as the Planning Department may deem appropriate in
analysis of the proposed disposition.
It is recommended that the encroaching fence/wall within the right-of-way be
removed by the property owner. Additionally, the City should retain reversion rights
to the property in case of demolition of the building, and easement rights to
underground utilities within this area, if any.
JGG/RGL/rgl
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EXHIBIT "A"
LEGAL DESCRIPTION
Portion of a 20 foot street bounded on the north by the south line of the Lot 60, Block 2, and
bounded on the south by the north line of the Lot 1, Block 3, all in "Hibiscus Island", Plat Book 8,
Page 75, Public records of Miami-Dade County, Florida, more particularly described as follows:
Commence at the northeast corner of the above mentioned Lot 1, Block 3; all in "Hibiscus
Island", Plat Book 8, Page 75 Public Records of Miami-Dade County, Florida; thence run westerly,
along the northerly line of said Lot 1 for a distance of 60.80 feet to the POINT OF BEGINNING
of the portion of land herein described; thence deflect 90° 00' 00" to the right for a distance of 5.00
feet; thence westerly, parallel to the north line of said Lot 1 for a distance of 41.75 feet; thence
deflect 90° 00' 00" to the left for a distance of 5.00 feet; thence easterly along the north line of said
Lot 1 for a distance of 41.75 feet to the POINT OF BEGINNING. Said land located in the City of
Miami Beach, Florida and containing 209 square feet more or less.
I HEREBY CERTIFY: that this SKETCH AND LEGAL DESCRIPTION is correct and meets the Minimum Technical Standards set by the
FLORIDA BOARD OF LAND SURVEYORS AND MAPPERS as set forth in Chapter 472.027 (F.S.) and Chapter 61G17-6 of the Florida
Administrative Code. This survey does not reflect or determine ownership. Not valid without the signature and raised seal of a Florida Licensed Surve d
J.A G A S- •.S.M. No. 2916- State of Florida
Florida Department of Transportastion - District VI
J.A. VARGAS-City Surveyor WPI No. : N/A
City of Miami Beach Sec/Job No. : 87060-2202
1700 Convention Center Drive F.A.P. No. : N/A
Miami Beach, Florida, 33139 State Road No. : AIA (MacArthur Causeway)
Tel.: (305) 673 7080 County/Key/MM : Dade
Parcel No. : T/B/A
\\CHZSYS \WORK \$ALL \IVANWACHIBIS DOC
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CITY OF MIAMI BEACH
NOTICE OF A PUBLIC HEARING
NOTICE IS HEREBY given that a public hearing will be held by the
City Commission of the City of Miami Beach on Wednesday,
November 8, 2000, at 3:00 p.m., in the Commission Chambers, 3rd
Floor, City Hall, 1700 Convention Center Drive, Miami Beach,
Florida, to consider public comment, as required by Ordinance No.
92-2783, regarding the sale of approximately 191 square feet of the
City-owned right-of-way adjacent to the residential property
located at 2 Hibiscus Drive, Miami Beach, Miami-Dade County,
Florida.
Inquiries may be directed to the Legal Department at (305)
673-7470.
ALL INTERESTED PARTIES are invited to appear at this meeting, or
be represented by an agent, or to express their views in writing
addressed to the City Commission, c/o the City Clerk, 1700
Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida
33139. This meeting may be continued and under such circumstances
additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises
the public that: if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at its
meeting or its hearing, such person must ensure that a verbatim
record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This
notice does not constitute consent by the City for the introduction
or admission of otherwise inadmissible or irrelevant evidence, nor
does it authorize challenges or appeals not otherwise allowed by
law.
In accordance with the Americans with Disabilities Act of 1990,
persons needing special accommodation to participate in this
proceeding should contact the City Clerk's office. Telephone (305)
673-7411 for assistance; if hearing impaired, telephone the Florida
Relay Service numbers, (800) 955-8771 (TDD) or (800) 955-8770
(VOICE), for assistance.
337
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fLus
COMMISSION MEMORANDUM NO.
TO: Mayor Neisen 0. Kasdin and
DATE: November 8, 2000
Members of the City Commission
FROM: Jorge M. Gonzalez
City Manager
SECOND PUBLIC HEARING
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE FIRST
AMENDMENT TO THE AGREEMENT OF LEASE AND APPROVING ON
SECOND READING, THE FIRST AMENDMENT TO THE DEVELOPMENT
AGREEMENT, IN ACCORDANCE WITH THE REQUIREMENTS OF THE
FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT,
BETWEEN THE CITY OF MIAMI BEACH AND 16TH STREET PARTNERS
LLC, FOR DEVELOPMENT OF THE SITE LOCATED AT WASHINGTON
AVENUE AND 16TH STREET.
RECOMMENDATION:
Approve the Amendment to the Lease and Development Agreement on second reading.
ANALYSIS:
On January 5, 1998, the City of Miami Beach issued RFP 20-97/98, seeking proposals for the
development of Public-Private Parking facilities. On April 6, 1998, proposals from five (5) different
development teams were submitted and evaluated by an Evaluation Committee and on July 15, 1998,
the City Commission authorized negotiations with four (4) of the proposed development projects.
As a result of said negotiations, on June 23, 1999, the Mayor and City Commission adopted
Resolution No. 99-23222 approving the Agreement of Lease and the Development Agreement
between the City of Miami Beach and 16th Street Partners LLC, for Development of the site located
at Washington Avenue and 16th Street.
On October 18, 2000, the Mayor and City Commission approved on first reading, the First
Amendment to the Development Agreement, and set the second public hearing to consider the First
Amendment to the Development Agreement and the First Amendment to the Agreement of Lease.
AGENDA ITEM ---ic
DATE 1(
338
November 8, 2000
Commission Memorandum
16th Street Partners LLC
Page 2
The amendments to the existing Agreement of Lease and Development Agreement have been
prompted at the request of the Developer's lender and consist of the following:
1. Legal Description: provides new Exhibit A and Exhibit 2.1 that clarifies the legal description
of the properties being deeded to the City.
2. Termination of Prior Easements: provides for the termination of an existing easement that
contains a fixed expiration date in exchange for the execution of a new easement issued in
perpetuity .
3. Modifications of Lease: The Lease is modified as follows:
(a) Section 7.2(d) is modified by adding the following sentence: "Owner and Tenant
agree, and the Recognized Mortgagee shall agree, however, to approve any insurance
adjustment so long as the insurance proceeds, together with any additional amounts
which Tenant and/or the Recognized Mortgagee agrees to provide, will be sufficient
to pay the costs of the Casualty Restoration". This modification is intended to assure
that the City, as owner, has the right to approve an insurance adjustment in the event
of a claim if the insurance adjustment is sufficient to pay the cost to restore the
property.
(b) Section 7.3(g) is modified to reflect that Tenant may instead procure insurance
policies for such periods that can be for less than a year provided, however, that
Tenant shall at all times maintain insurance for the coverage required by the terms
of the Lease. This modification is necessary since LNR Partners will insure the
property under umbrella insurance policies that cover several properties which may
not cover a full year, at any given time.
(c) Section 9.1(b)(I) is modified by deleting the words "appraised value of the Land" and
inserting in lieu thereof "appraised value of the Land as encumbered by this Lease".
This modification is intended to clarify the appraisal methodology to be employed
in the event of a valuation for a condemnation award.
(d) Section 25.8 is amended by inserting "(other than the Improvements)" immediately
after the words "security interest acceptable to it in property of Tenant". This
modification clarifies that the City's security interest is in the Tenant's personal
property and not in the improvements until the lease terminates, at which time the
City will own all improvements.
339
November 8, 2000
Commission Memorandum
16th Street Partners LLC
Page 3
(e) New Section 36.2(h):
"(h) Notwithstanding anything to the contrary contained in this Section
36.2, (I) Owner's right of first offer and other rights set forth in
Section 36.2 shall not apply with respect to any Recognized Mortgage
or as a result of an assignment or other conveyance in lieu of
foreclosure of a Recognized Mortgage, and (ii) during the pendancy
of a foreclosure action of a Recognized Mortgage, a Recognized
Mortgagee, notwithstanding that it has not yet acquired the interest of
Tenant under this Lease, may deliver to Owner an Offer Notice under
which the proposed sale to Owner would be contingent upon the
Recognized Mortgagee (or its designee) obtaining Tenant's interest
in and to the Premises. In such event, Owner's period for electing to
consummate the Right of First Offer Transaction shall be thirty (30)
days after Owner's receipt of the Offer Notice, but in no event earlier
than five (5) business days after the first regularly scheduled meeting
of the Mayor and City Commission that occurs after Owner's receipt
of the Offer Notice. It is understood and agreed that this Section
36.2(h) shall only apply to the first sale, assignment or transfer which
occurs after the foreclosure of any Recognized Mortgage." This
section gives the Lender the right to proffer an Offer Notice to the
City prior to its acquisition of the actual legal title to the leasehold
interest in the event of foreclosure and provides for a 30 day period
or no later than 5 days after the next City Commission meeting,
whichever is later, to provide a response. The purpose of this clause
is to allow the Lender to dispose of the property on an expedited basis
after a foreclosure.
It is deemed that the aforementioned amendments do not adversely impact the City's interest in the
project.
It is recommended that the Mayor and City Commission adopt the attached Resolution, finding the
amendments proposed herein to be acceptable and necessary, as required by the Developer's lender,
and thereby allowing the project financing and construction to proceed.
JMG/C4-/rar 114-
TAAGENDA \ 2000 \NOV0800 \ REGULAR \ COMRAS.MEM
340
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
FIRST AMENDMENT TO THE AGREEMENT OF LEASE AND
APPROVING ON SECOND READING, THE FIRST AMENDMENT
TO THE DEVELOPMENT AGREEMENT, IN ACCORDANCE WITH
THE REQUIREMENTS OF THE FLORIDA LOCAL GOVERNMENT
DEVELOPMENT AGREEMENT ACT, BETWEEN THE CITY OF
MIAMI BEACH AND 16TH STREET PARTNERS LLC, FOR
DEVELOPMENT OF THE SITE LOCATED AT WASHINGTON
AVENUE AND 16TH STREET
WHEREAS, on January 5, 1998, the City of Miami Beach issued RFP 20-97/98, seeking
proposals for the development of Public-Private Parking facilities; and
WHEREAS, on April 6, 1998, proposals from five (5) different development teams were
submitted and evaluated by an Evaluation Committee and on July 15, 1998, the City Commission
authorized negotiations with four (4) of the proposed development projects; and
WHEREAS, as a result of said negotiations, on June 23, 1999, the Mayor and City
Commission adopted Resolution No. 99-23222 approving the Agreement of Lease and the
Development Agreement between the City of Miami Beach and 16th Street Partners LLC, for
Development of the site located at Washington Avenue and 16th Street; and
WHEREAS, on October 18, 2000, the Mayor and City Commission approved on first
reading, the First Amendment to the Development Agreement, and set the second public hearing to
consider the First Amendment to the Development Agreement and the First Amendment to the
Agreement of Lease; and
WHEREAS, amendments to the existing Agreement of Lease and Development Agreement
have been requested by the Developer and its lender as more fully described in the First Amendment
to Agreement of Lease and Development Agreement attached hereto; and
WHEREAS, the aforementioned amendments do not adversely impact the City's interest
in the Project.
341
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission approve the First Amendment to the Agreement of Lease and approve on second
reading, the First Amendment to the Development Agreement, in accordance with the requirements
of the Florida Local Government Development Agreement Act, between the City of Miami Beach
and 1 6t'' Street Partners LLC, for development of the site located at the northwest corner of
Washington Avenue and 1.6th Street.
PASSED AND ADOPTED THIS 8th day of November, 2000.
MAYOR
Attest:
CITY CLERK
JMG/CMC/rar
TAAGENDAA2000 \ OCT 1800 \ REGULAR \ COMRAS RES
APPROVED AS TO
POW & LANGUAGE
FOR EXECUTION
at)
Dketti—
342
This instrument was prepared by
and should be returned to:
Brian P. Tague, P.A.
Tew Cardenas Rebak Kellogg Lehman
DeMaria & Tague, L.L.P.
Suite 2600, Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131
This space reserved for recording information
FIRST AMENDMENT TO
AGREEMENT OF LEASE AND DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT OF LEASE AND
DEVELOPMENT AGREEMENT (this "Amendment") made as of this day of
, 2000, between THE CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation (the "City"), and 16TH STREET PARTNERS, LLC, a Florida limited liability
company ("Tenant").
WITNESSETH:
WHEREAS, the City and Tenant have heretofore entered into a certain Agreement of
Lease dated as of September 1, 1999 and recorded in Official Records Book 18770 at Page 46 in
the Public Records of Miami-Dade County, Florida (the "Lease") and a Development Agreement
dated as of September 1, 1999 and recorded in Official Records Book 18770 at Page 272 in the
Public Records of Miami-Dade County, Florida ("Development Agreement"); and
WHEREAS, the parties hereto desire to modify the Lease and Development Agreement
upon the terms, provisions and conditions as are more particularly hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and mutual covenants
hereinafter contained, the parties hereto agree as follows:
1. Recitals; Defined Terms. The recitals set forth above are true and by this
reference are incorporated herein in their entirety. All capitalized terms contained in this
Amendment which are not otherwise defined herein shall, for the purposes hereof, have the same
meanings as are ascribed to them in the Lease.
2. Legal Descriptions. Exhibit A to the Lease and Exhibit A to the Development
Agreement are hereby deleted and Exhibit A to this First Amendment is hereby substituted in
343
lieu of both such exhibits. Exhibit 2.1 to the Lease is hereby deleted and in lieu thereof Exhibit
2.1 attached to this First Amendment is substituted in lieu thereof.
3. Termination of Prior Easements. Parcel 1 (as identified on Exhibit A hereto) is
burdened by certain easements set forth in the deeds recorded in Official Records Book 223, at
Page 283, and Official Records Book 187, at Page 315, Public Records of Miami-Dade County,
which easements are described therein as Easement "A," Easement "B," and Easement "C,"
respectively, which easements benefit Parcel 2 (as identified on Exhibit A hereto) (collectively,
the "Prior Easements"). The City is the owner of all the real property benefited and burdened by
the Prior Easements. By execution hereof; the City does hereby terminate such Prior Easements.
Upon recording of this Amendment, the Prior Easements shall be extinguished and shall be of no
further force and effect.
4. Modifications of Lease. The Lease is hereby modified as follows:
(a) Section 7.2(d) of the Lease is hereby modified to read as follows:
"(d) Adjustments for Claims. All property insurance policies required
by this Article shall provide that all adjustments for claims with the
insurers involving a loss in excess of One Million Dollars ($1,000,000)
adjusted for inflation be made jointly with Tenant, Owner and the
Recognized Mortgagee. Owner and Tenant agree, and the Recognized
Mortgagee shall agree, however. to approve any insurance adjustment so
long as the insurance proceeds, together with any additional amounts
which Tenant and/or the Recognized Mortgagee agree to provide, will be
sufficient to pay the costs of the Casualty Restoration."
(b) Section 7.3(g) of the Lease is hereby modified to read as follows:
"(g) Duration of Policies. Tenant shall procure policies for all
insurance required by any provision of this Lease for periods of not less
than one (1) year and shall procure renewals thereof from time to time at
least fifteen (15) days before the expiration thereof, except that Builders'
Risk Insurance shall only be renewed for the term of any construction
period. Tenant shall at all times maintain insurance of the types and in the
amounts and subject to the terms, conditions and provisions, required by
the terms of the Lease."
(c) Section 9.1(b) of the Lease is hereby modified to read as follows:
"(b) Disbursement of Award. If all or Substantially All of the
Premises are taken or condemned as provided in Section, the Net
Condemnation Award paid or payable to Owner, Tenant or any lender or
mortgagee claiming through either of them in connection with such taking
or condemnation shall be paid as follows: (1) there shall first be paid to
FAATTO\LEVLWARKINGPUB-PRIV\16th-Lincoln Place TirstAmendment-Final Revisionsl.doc
- 2 -
344
Owner an amount equal to the Net Condemnation Award multiplied by a
fraction, the numerator of which is the appraised value of the Land as
encumbered by this Lease immediately prior to such condemnation, and
the denominator of which is the appraised value of the Premises
immediately prior to such condemnation; (2) there shall next be paid to the
Recognized Mortgagee so much of the Net Condemnation Award as shall
equal the unpaid principal indebtedness secured by such Recognized
Mortgagee with interest thereon at the rate specified therein to the date of
payment (including any prepayment fees thereon and any so-called "yield
maintenance" or "make-whole" amounts or other sums intended to assure
to the Recognized Mortgagee a certain rate of return under the loan
secured by the Recognized Mortgage, if any, as well as any costs payable
by Tenant in connection with such Recognized Mortgage pursuant to any
"swap" or other interest rate protection or hedging mechanism); and (3)
the remaining Net Condemnation Award shall be disbursed to Tenant.
The appraised values referred to in Section 9.1(b)(1) shall be determined
using the appraisal process outlined in Section 3.2(e), except that the
appraised values shall be based upon "fair market value" and not Fair
Market Rent.
(d) Section 25.8(f) of the Lease is hereby modified to read as follows:
"(f) in the case of a proceeding concerning Tenant, that Owner shall be
granted a security interest acceptable to it in property of Tenant (other than
the Improvements) to secure the performance of Tenant's obligations
under this Lease, subject to the rights of any Recognized Mortgagee under
the Recognized Mortgage."
(e) Section 32 of the Lease is hereby modified by adding the following
provision as subsection 36.2(h):
"(h) Notwithstanding anything to the contrary contained in this Section
36.2, (i) Owner's right of first offer and other rights set forth in Section
36.2 shall not apply with respect to any transfer occurring as a result of the
foreclosure of a Recognized Mortgage or as a result of an assignment or
other conveyance in lieu of foreclosure of a Recognized Mortgage, and (ii)
during the pendency of a foreclosure action of a Recognized Mortgage, a
Recognized Mortgagee, notwithstanding that it has not yet acquired the
interest of Tenant under this Lease, may deliver to Owner an Offer Notice
under which the proposed sale to Owner would be contingent upon the
Recognized Mortgagee (or its designee) obtaining Tenant's estate in and to
the Premises. In such event, Owner's period for electing to consummate
the Right of First Offer Transaction shall be thirty (30) days after Owner's
receipt of the Offer Notice, but in no event earlier than five (5) business
FAATTO\LEVLWARKING\PUB-PRIV\16th-Lincoln PlaceTirstAmendment-Final Revisionsl.doc
- 3 -
345
days after the first regularly scheduled meeting of the Mayor and City
Commission that occurs after Owner's receipt of the Offer Notice. It is
understood and agreed that this Section 36.2(h) shall only apply to the first
sale, assignment or transfer which occurs after the foreclosure of any
Recognized Mortgage."
5. Ratification. As modified by this Amendment, the Lease and the
Development Agreement shall remain in full force and effect and are hereby in all
respects ratified and confirmed.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
day and year first above written.
CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation of the State of Florida
Witnesses:
By:
Print Name: Neisen 0. Kasdin, Mayor
ATTEST:
By: [Seal]
Print Name: Robert Parcher, City Clerk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
By:
City Attorney
Date:
16th STREET PARTNERS LLC,
a Florida limited liability company
By: LNR 16Th STREET, INC., a Florida
corporation, as Managing Member
By:
Print Name , President
F:\ATTO\LEVL\PARKING\PUB-PRIV\16th-Lincoln Place WirstAmendment-Final Revisionsl.doc
- 4 -
346
Print Name
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of ,
2000, by Neisen 0. Kasdin, as Mayor, and Robert Parcher, as City Clerk, of the City of Miami
Beach, Florida, a municipal corporation of the State of Florida, on behalf of such municipal
corporation. They are personally known to me or have produced Florida drivers' licenses as
identification.
Notary Public
Type, Print or Stamp Name
My Commission Expires:
STATE OF
) SS:
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2000, by , as of LNR 16th Street, Inc., a Florida
corporation, as Managing Member and on behalf of 16th Street Partners LLC, a Florida limited
liability company. He is personally known to me or has produced a Florida driver's license as
identification.
Notary Public
Type, Print or Stamp Name
My Commission Expires:
FAATTOTEVL\PARKING\PUB-PRIV\16th-Lincoln Place WirstAmendment-Final Revisionsl.doc
- 5 -
347
OFFICE OF THE CITY ATTORNEY
64 cAatin Wee (4
F L 0 R I D A
AZRAY H. DUBBIN
City Attorney
Telephone: (305) 673-7470
Telecopy: (305) 673-7002
COMMISSION MEMORANDUM NO. OS 0 ‹)
DATE: NOVEMBER 8, 2000
TO: MAYOR NEISEN KASDIN,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER JORGE M. GONZALEZ
FROM: MURRAY H. DUBBIN
CITY ATTORNEY
SUBJECT: ACCEPTANCE OF RESULTS OF CITY OF MIAMI BEACH'S NOVEMBER
7, 2000 SPECIAL ELECTION.
The attached Resolution formally accepts the certification of election results from the City
of Miami Beach's November 7, 2000 Special Election regarding the proposed amended lease of City
parkland property to Miami Beach Jewish Community Center, Inc.
Acceptance of this certification of election results effectively concludes City actions relative
to the November 7, 2000 Special Election.
FAATTO \OLIAELECTION \RESO CMEMONRESULTSP.N00
Agenda Item e:
1700 Convention Center Drive -- Fourth Floor -- Miami Bea( Date((—g - 0 0
348
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE MIAMI-DADE
COUNTY CANVASSING BOARD'S CERTIFICATION OF THE RESULTS
OF THE CITY OF MIAMI BEACH SPECIAL ELECTION HELD ON
NOVEMBER 7, 2000 AND DECLARING RESULTS THEREOF.
WHEREAS, by City of Miami Beach Resolution No. 2000-24051, adopted on August 31,
2000, Miami-Dade County Election Officials were authorized to conduct the Special Election of the
City of Miami Beach to be held on November 7, 2000; and
WHEREAS, on November 7, 2000, Miami-Dade County conducted a General Election, at
which time the City of Miami Beach authorized the holding of such Special Election; and
WHEREAS, the Certification of the results of the City of Miami Beach Special Election as
submitted by the Miami-Dade County Canvassing Board, said certification being dated November
, 2000, has been received and is made a part of this Resolution as Exhibit "A" attached hereto';
and
WHEREAS, said Certification reflects that the Special Election Ballot Question was
by the subject City electors in precinct numbers 24, 25, 27, 28, 29, 30, 31 and
32.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that said Certification be and
the same is hereby adopted, which reflects the following result upon the following question:
PROPOSED LEASE AMENDMENT OF CITY PARK LAND
TO MIAMI BEACH JEWISH COMMUNITY CENTER, INC.
"SHALL THE LEASE OF CITY PARK LAND (4221 PINE
TREE DRIVE, MIAMI BEACH) TO MIAMI BEACH JEWISH
COMMUNITY CENTER, INC. FOR A COMMUNITY
RECREATIONAL CENTER BE AMENDED TO: EXTEND
THE LEASE'S EXPIRATION DATE FROM 2015 (PLUS TWO
TEN-YEAR OPTIONAL EXTENSIONS) TO 2099; REQUIRE
NEW CONSTRUCTION AND EXPANSION OF BUILDINGS
AND FACILITIES; AND TO PERMIT RELATED
RECREATIONAL, EDUCATIONAL, SOCIAL SERVICE,
CULTURAL AND RELIGIOUS-ORIENTED USES?"
1 Exhibit "A" will be distributed at the November 8, 2000 City Commission meeting.
349
YES
NO
%
%
BE IT FURTHER RESOLVED AND DETERMINED that the Special Election Ballot
Question was
PASSED and ADOPTED this day of , 2000.
ATTEST:
MAYOR
CITY CLERK
JKO\kw
APPkOvED AS TO
FAATTO\OLIAELECTION\RESO\RESULTSP.N00
FORM & LANGUAGE
& FOR EXECUTION
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351
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
httpMci.miami-beach.fLus
COMMISSION MEMORANDUM NO. 2C-4 C7CD
TO: Mayor Neisen 0. Kasdin and DATE: November 8, 2000
Members of the City Commission
FROM: Jorge M. Gonzalez
City Manager
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ADMINISTRATION TO TERMINATE NEGOTIATIONS WITH THE
POINTE AT NORTH BEACH, AS THE SUCCESSFUL PROPOSER
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 42-98/99 FOR
DEVELOPMENT OF APPROXIMATELY FOUR (4) ACRES OF CITY-
OWNED PROPERTY KNOWN AS THE "72' STREET SITE", LOCATED
BETWEEN COLLINS AND HARDING AVENUES, FROM 72' TO 73 RD
STREETS; SAID TERMINATION AS A RESULT OF THE PROPOSER'S
FAILURE TO COMPLY WITH THE CONDITIONS SET FORTH IN
RESOLUTION NO. 2000-23816 ADOPTED ON FEBRUARY 23, 2000;
FURTHER AUTHORIZING THE ISSUANCE OF A REQUEST FOR
QUALIFICATIONS (RFQ) SEEKING QUALIFICATIONS FOR
SUBMISSION OF ALTERNATE DEVELOPMENT PROPOSALS AS SET
FORTH HEREIN.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On May 12, 1999, the City Commission adopted Resolution No. 99-23164 authorizing the issuance
of Request for Proposals (RFP) No. 42-98/99 for development of the 72nd Street Site, and the
Administration was further authorized to procure related professional services in connection with
the RFP. On February 23, 2000, the City Commission adopted Resolution No. 2000-23816
authorizing the Administration to enter into negotiations with the Pointe at North Beach, pursuant
to the 72nd Street Site RFP, subject to certain conditions, including a project feasibility and
compatibility assessment, finalization of a value in use appraisal, and secure commitments from
Anchor tenants. The proposed project consisted of a 51,500 sf. Publix, 81,465 sf. movie theater,
36,500 sf. retail/restaurant area, 906 parking spaces and an optional community theater.
On March 15, 2000, the City Commission approved the selection of the Chesapeake Group to study
and develop a strategic plan for the economic revitalization of the North Beach Area. A preliminary
draft of the market analysis component of the report is attached hereto and was presented at the
North Beach Development Corporation (NBDC) Board meeting held on October 17, 2000 and at a
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72"d Street RFP
Page 2
community meeting held on October 19, 2000. The consultant is developing strategic
recommendations based upon this market analysis and will continue to solicit input from the
community and ultimately conclude with recommendations as to the 72nd Street Site's optimal role
in North Beach's future development. A summary of the market analysis and key indicators is
provided below and serves as a basis for the Administration's recommendation, as presented herein.
On May 10, 2000, the City Commission authorized contracts with real estate and appraisal
consultants to perform the valuation, feasibility study and advisory services in connection with the
72nd Street Site. Over the past six (6) months, staff and the consultants have met with the Developer
to address:
Status of tenant negotiations.
Status of consultants' report, pending finalized tenant negotiations and development concept.
Desired improvements to the existing Publix on 67th Street and Collins Avenue.
Status of North Shore Community Center project and proposed parking and its effect on the
72nd Street Development.
Collaboration with the Miami Beach Cultural Arts Council and North Beach Development
Corporation on the Community Theater component of the project, including proposed
management and operation of the theater.
At the July 10, 2000 meeting of the Transportation and Parking Committee, a motion was passed
recommending the Developer proceed in negotiating with a movie theater operator until such time
as the strategic planning study is final. On July 26, 2000, a status report was presented to the City
Commission advising of the status of negotiations with the Developer and projecting a final report
to be presented in conjunction with the completion of the North Beach Strategic Plan in October
2000.
To date, the developer has been unable to secure an economically viable commitment from a movie
theater operator due to the downturn in the industry. In an article recently published in the Miami
Herald, the downturn in the movie theater industry is attributed to burgeoning debt from building
new theaters and losses incurred at the obsolete smaller multiplex theaters. Conversely, Publix
issued a commitment letter to lease the site dated May 12, 2000 and also attached hereto.
Additionally, letters of interest have been submitted by various retail/restaurant operators.
As a result, the Developer has verbally proposed to develop a phased project whereby all components
of the project would be constructed, except for the movie theater component. Phase one of the
project would consist of the Publix supermarket, the parking facilities, the ancillary retail areas, the
community theater and the foundation for the future movie theater component of the project. The
Developer further offered to secure their timely performance to develop the second phase of the
project, the movie theater, by posting a letter of credit in the amount of $1 million in favor of the
City. While this proposal would achieve the siting of a new grocery store for the area, which is
widely supported by the community, the Administration and the City's consultants find this proposal
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November 8, 2000
Commission Memorandum
72nd Street RFP
Page 3
would not serve the City's long term objectives for the development of this site. A phased project,
without a secure commitment to implement Phase 2, would cement the future project's foundation
(no pun intended), which could be detrimental to the ultimate project implementation.
Therefore, absent a final commitment from a movie theater operator, the Developer is unable to
finalize negotiations with the City, the City's consultants' are unable to finalize the valuation and
feasibility study, and the Developer is not in compliance with the Commission's request to secure
commitments from the Anchor tenants as a condition precedent to a lease agreement. As reported
on July 26, 2000, it is therefore recommended that the City terminate negotiations with the
successful proposer, the Pointe at North Beach, as a result of their failure to comply with the terms
of said approval as authorized by Resolution No. 2000-23816. Furthermore, the proposed
termination of negotiations with the Pointe at North Beach, will enable the City's strategic planning
consultant to seek input from the community and develop a wider range of development alternatives
that will meet the area's needs and serve to enhance the economic viability of the area.
As a point of information, and as reported on September 27, 2000, HUD recently approved the City's
application for a $4 million Section 108 loan and a $1 million EDI grant. The EDI grant award was
largely based upon the 72nd Street site development proposal. As a result of the aggregate
improvements proposed through the Section 108 loan and on the 72nd Street site by the Pointe at
North Beach, it was estimated that 485 new jobs would be directly created with an additional 655
new jobs indirectly created, and approximately $100 million in additional investment in the area.
While HUD has been advised of the Developer's difficulty to secure a commitment from a movie
theater operator, it will be necessary to apprise HUD of the action proposed herein, which may
ultimately jeopardize the City's $1 million EDI grant award. The concurrent issuance of the RFQ
to seek qualifications from a developer so that City can negotiate a preferred development alternative
for the site should give HUD the assurance that the 72nd Street site will ultimately serve as an
economic catalyst for the area and benefit the low and moderate income persons through the creation
of jobs for the area residents.
As another point of information, according to RFP No. 42-98/99, the Pointe at North Beach proposal
was accompanied by a cashier's check for $10,000, which was refunded to the unsuccessful
proposers, but is non-refundable to the preferred proposer (The Pointe at North Beach) to offset the
actual costs incurred by the City in evaluating responses and negotiation of an agreement. Further,
if the Pointe at North Beach had ultimately been successful in reaching agreement with the City, they
would have been responsible for compensating the documented fees of the City's third party
attorneys and advisors for the project, up to an amount of $75,000. Therefore, the $10,000 deposit
will be retained by the City and will be applied to the costs incurred to date which are estimated to
be in excess of $40,000 based upon advertising and consultant fees incurred.
Preliminary Market Analysis:
The preliminary market analysis indicates that the demand for additional goods and services needed
by the community matches supply of available vacant commercial space in the area. In order to
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November 8, 2000
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72"a Street RFP
Page 4
experience an increase demand, a change in the conditions of the neighborhood and the market are
necessary. The market is comprised of two components: a residential community and a visitor base.
In order to effectuate change in these two markets, the consultant has identified specific strategies.
From the visitor market perspective, a tremendous opportunity has been identified to develop North
Beach as a niche destination for the family oriented leisure visitor market. To enhance the residential
market, the site should be used to promote educational programming, recreational programming,
leisure activity or commercial activity, but necessarily all of the above.
Ideally, a creative urban development scheme should be developed that links the 72nd Street site to
the water, to the adjacent parks, to new housing in the area, to the existing neighborhoods and
adjacent visitor accommodation facilities. Additionally, the consultant clearly has emphasized the
importance of creating a linkage to the Byron Carlyle so as to create a synergistic flow of activity that
may occur at both sites. The 72nd Street site should create an anchor that serves the community but
should not be developed as an isolated one-stop destination that does not integrate and complement
adjacent urban establishments.
The market analysis also identifies tremendous growth in the region for office space which is
expected to continue. To date, North Beach has not attracted this growth but should be able to attract
it as a component of the potential development on the site, compatible with other programmed uses.
While the 72nd Street site is a significant asset integral to North Beach's future development, it is
a component that is being analyzed in the context of the area-wide strategy. Therefore, the
consultant is developing strategies that concentrate on the 72nd Street site in the context of the
strategy for the entire North Beach, making a true community asset.
The North Beach Strategic Plan has identified strategic opportunities for the North Beach area.
Rather than re-issue an RFP at this time, the City's consultant concurs that the City issue a Request
for Qualifications (RFQ) to qualified and experienced real estate and development interests to submit
their qualifications and conceptual development proposals for the site. The RFQ will be evaluated
based upon the Developer's experience and their financial capacity. The submission of
qualifications will coincide with the finalization of the consultant's strategic recommendations which
will be discussed at the pre-proposal conference established as part of the RFQ process. Thereby,
a developer will ultimately be selected with which the City can negotiate to jointly conceive a
development proposal for the subject site that capitalizes on and enhances the area-wide strategic
goals and direction.
While the RFQ evaluation criteria will not be based on the development concepts submitted, the
following desired development concepts are outlined in the RFQ and are seen as enhancements to
the needs of the businesses, residents and visitors of the area:
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November 8, 2000
Commission Memorandum
72nd Street RFP
Page 5
•
Commercial Development to meet Residential goods and service needs, providing a linkage
and/or anchor between the 71st Street Commercial District and the Harding Townsite
Commercial District
•
Residential, mixed use project, that provides upgraded housing stock and product
•
Class A Office Space component that is compatible with other activity programmed for the
site and complementary to the two established adjacent business districts
• Retail and/or restaurant establishments that promote pedestrian activity
•
Public Plaza (s) ("open space") facilitating enhancement of the special "open space" systems
unique to the urban character North Beach and the park areas to the east and west of the Site
• Family oriented entertainment destination for residents and visitors
• Enhanced Parking for the uses adjacent to the Site as well as the Ocean Terrace and upper
Collins Avenue hotel districts
Expanded Support Facilities for cultural, arts, community theater and performance groups
that could locate in the North Beach area
Educational and/or Public Institutions
Conclusion:
Therefore, absent a final commitment from a movie theater operator, the Developer is unable to
finalize negotiations with the City. It is therefore recommended that the City Commission authorize
the Administration to terminate negotiations with the successful proposer, the Pointe at North Beach,
as a result of their failure to comply with the terms of the approval set forth in Resolution No. 2000-
23816. Concurrently, the Administration is requesting authorization to issue a Request for
Qualifications (RFQ) from developers to submit qualifications for the development of the 72nd
Street Site. The RFQ will require interested developers to submit their qualifications and
demonstrate their professional experience and range of experience in projects of similar scope and
complexity, evidence their financial capability to successfully undertake and complete the project
and present a proposed development concept. The City can then evaluate the submissions and select
a developer with whom to enter into negotiations and refine the proposed development project for
the site, incorporating the City's preferred development mix. The RFQ/Negotiate method allows the
City to competitively select the most qualified developer for the project, yet it does not require a
large investment of time and money by the developer alongside numerous competitors and secondly
it substantially reduces the time required to choose a developer. Attachment A, which will be
incorporated in the RFQ, provides a summary of the RFQ, including a description of the
development opportunity and the RFQ submittal requirements.
JMG/CMC/rar T \AGENDA \ 2000 \ NOV0800 \ REGULAR \ 72NDST CM attachment
356
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ADMINISTRATION TO TERMINATE NEGOTIATIONS WITH THE
POINTE AT NORTH BEACH, AS THE SUCCESSFUL PROPOSER
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 42-98/99
FOR DEVELOPMENT OF APPROXIMATELY FOUR (4) ACRES OF
CITY-OWNED PROPERTY KNOWN AS THE "72' STREET SITE",
LOCATED BETWEEN COLLINS AND HARDING AVENUES, FROM
72" TO 73 - STREETS; SAID TERMINATION AS A RESULT OF
THE PROPOSER'S FAILURE TO COMPLY WITH THE
CONDITIONS SET FORTH IN RESOLUTION NO. 2000-23816
ADOPTED ON FEBRUARY 23, 2000; FURTHER AUTHORIZING
THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ)
SEEKING QUALIFICATIONS FOR SUBMISSION OF ALTERNATE
DEVELOPMENT PROPOSALS AS SET FORTH HEREIN.
WHEREAS, on May 12, 1999, the Mayor and City Commission adopted Resolution No.
99-23164, authorizing the issuance of Request for Proposals (RFP) No. 42-98/99 for development
of the 72nd Street Site, and the Administration was further authorized to procure related professional
services in connection with the RFP; and
WHEREAS, on February 23, 2000, the Mayor and City Commission adopted Resolution
No. 2000-23816, authorizing the Administration to enter into negotiations with the Pointe at North
Beach (Developer), as the succesful and only ranked proposer pursuant to the RFP, subject to certain
conditions, including a project feasibility and compatibility assessment, finalization of a value in use
appraisal, and securing of commitments from Anchor tenants; and
WHEREAS, the Developer's proposed project consisted of a 51,500 sf. Publix; 81,465 sf.
movie theater; 36,500 sf. retail/restaurant area; 906 parking spaces; and an optional community
theater; and
WHEREAS, on March 15, 2000, the Mayor and City Commission approved the selection
of the Chesapeake Group (Consultant) to study and develop a strategic plan for the economic
revitalization of the North Beach Area and a preliminary draft of the market analysis component of
the report was presented at the North Beach Development Corporation (NBDC) Board meeting held
on October 17, 2000, and at a community meeting held on October 19, 2000; and
WHEREAS, the Consultant is developing strategic recommendations based upon this market
analysis and will continue to solicit input from the community and ultimately conclude with
recommendations as to the 72nd Street Site's optimal role in North Beach's future development; and
WHEREAS, a summary of the market analysis and key indicators serves as a basis for the
Administration's recommendation, as presented herein; and
357
WHEREAS, the Developer has been unable to secure an economically viable commitment
from a movie theater operator due to the downturn in the industry; and
WHEREAS, the Developer has verbally proposed to develop a phased project whereby all
components of the project would be constructed, except for the movie theater component; and
WHEREAS, phase one of the project would consist of the Publix supermarket, the parking
facilities, the ancillary retail areas, the community theater and the foundation for the future movie
theater component of the project; and
WHEREAS, the Developer further offered to secure their timely performance to develop the
second phase of the project, the movie theater, by posting a letter of credit in the amount of $1
million in favor of the City; and
WHEREAS, while this proposal would achieve the siting of a new grocery store for the area,
which is widely supported by the community, the Administration and the City's consultants find this
proposal would not serve the City's long term objectives for the development of this site; and
WHEREAS, a phased project, without a secure commitment to implement Phase 2, would
cement the future project's foundation, which could be detrimental to the ultimate project
implementation; and
WHEREAS, absent a final commitment from a movie theater operator, the Developer is
unable to finalize negotiations with the City; the City's consultants' are unable to finalize the
valuation and feasibility study; and the Developer is not in compliance with the City Commission's
request to secure commitments from the anchor tenants as a condition precedent to a lease
agreement; and
WHEREAS, as reported on July 26, 2000, it is therefore recommended that Mayor and City
Commission terminate negotiations with the successful proposer, the Developer, as a result of their
failure to comply with the terms of said approval, as authorized by Resolution No. 2000-23816; and
WHEREAS, the proposed termination of negotiations with the Developer, will enable the
City's strategic planning consultant to seek input from the community and develop a wider range
of development alternatives that will meet the area's needs and serve to enhance the economic
viability of the area; and
WHEREAS, as reported on September 27, 2000, HUD recently approved the City's
application for a $4 million Section 108 loan and a $1 million EDI grant and the EDI grant award
was largely based upon the 72nd Street Site development proposal; and
358
WHEREAS, as a result of the aggregate improvements proposed through the Section 108
loan and on the 72nd Street Site by the Developer, it was estimated that 485 new jobs would be
directly created with an additional 655 new jobs indirectly created, and approximately $100 million
in additional investment in the area; and
WHEREAS, while HUD has been advised of the Developer's difficulty to secure a
commitment from a movie theater operator, it will be necessary to apprise HUD of the action
proposed herein, which may ultimately jeopardize the City's $1 million EDI grant award; and
WHEREAS, the concurrent issuance of the RFQ to seek qualifications from a developer so
that City can negotiate a preferred development alternative for the site should give HUD the
assurance that the 72nd Street Site will ultimately serve as an economic catalyst for the area and
benefit the low and moderate income persons through the creation of jobs for the area residents; and
WHEREAS, according to RFP No. 42-98/99, the Developer proposal was accompanied by
a cashier's check for $10,000, which was refunded to the unsuccessful proposers, but is
non-refundable to the preferred proposer (the Pointe at North Beach) to offset the actual costs
incurred by the City in evaluating responses and negotiation of an agreement; and
WHEREAS, if the Developer had ultimately been successful in reaching agreement with the
City, they would have been responsible for compensating the documented fees of the City's third
party attorneys and advisors for the project, up to an amount of $75,000, and therefore the $10,000
deposit will be retained by the City and will be applied to the costs incurred to date which are
estimated to be in excess of $40,000, based upon advertising and consultant fees incurred; and
WHEREAS, the North Beach Strategic Plan has identified strategic opportunities for the
North Beach area and rather than re-issue an RFP at this time, the City's consultant concurs that the
City instead issue a Request for Qualifications (RFQ) to qualified and experienced real estate and
development interests to submit their qualifications and conceptual development proposals for the
Site; and
WHEREAS, the RFQ will be evaluated based upon the Developer's experience and their
financial capacity and the submission of qualifications will coincide with the finalization of the
consultant's strategic recommendations which will be discussed at the pre-proposal conference
established as part of the RFQ process; and
WHEREAS, a developer will ultimately be selected with which the City can negotiate to
jointly conceive a development proposal for the Site that capitalizes on and enhances the area-wide
strategic goals and direction.
359
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission authorize the Administration to terminate negotiations with the Pointe at North Beach,
as the successful proposer pursuant to Request for Proposals No. 42-98/99 for development of
approximately four (4) acres of City-owned property known as the "72' Street Site", located
between Collins and Harding Avenues, from 72' to 73rd Streets; said termination as a result of the
proposer's failure to comply with the conditions set forth in Resolution No. 2000-23816 adopted on
February 23, 2000; and further authorize the issuance of a Request for Qualifications seeking
qualifications for submission of alternate development proposals, as set forth in Attachment A.
PASSED AND ADOPTED THIS 8th day of November, 2000.
MAYOR
Attest:
CITY CLERK
JMG/CMC/rar
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Attachment "A"
I. RFQ SUMMARY
The Invitation: The City of Miami Beach is extending invitations to qualified developers to submit
qualifications and conceptual proposals for the development of the City-owned property know as
the "72nd Street Site" (the Site). The City will evaluate submissions based on experience and
financial capability and select a developer with whom to enter into negotiations.
The Site: The Site is located between Collins and Harding Avenues, from 72nd Street to 73rd Street.
The approximately 4-acre site is immediately north of the 71st Street Commercial District and south
of the Harding Townsite Commercial District, which extends along Collins Avenue between 73rd
and 75th Streets. It is situated on the eastern portion of the east/west "open space" park and
recreational system between 72nd Street and 73rd Street, which extends from the Atlantic Ocean on
the east to the Tatum Waterway on the west. To the immediate east side of the Site is the North
Shore open band shell, and to the west, the tennis courts of North Shore Park. The Site is currently
used as a public surface parking lot (approximately 306 spaces) serving adjacent uses.
Zoning: The Site is currently zoned GU Government Use District; the underlying Future Land Use
Map designation is CD-3 Commercial High-Intensity. Main permitted uses for the GU District are
government buildings and uses, including but not limited to, parking lots and garages; parks and
associated parking; schools; performing arts and cultural facilities; and monuments and memorials.
Uses not listed above may be approved by the City Commission through a public hearing. Private
or joint government/private uses including air rights, shall be reviewed by the Planning Board prior
to approval by the City Commission. The maximum allowable building height is seventy-five (75)
feet or seven (7) stories, and 2.75 is the maximum allowable floor area ratio. The City of Miami
Beach does not encourage the maximum use of the zoning envelope, and the development must
be compatible with the surrounding area.
Performance Objectives: While no specific uses are mandated, the City's preference is for a mix
of uses, including a design that will respect and promote the spirit of the east/west "open space" park
and recreational system of this area and serve to complement the vitality and evolution of the 71st
Street Commercial District, as well as the historic Harding Townsite Commercial District, between
73rd and 75th Streets on Collins Avenue, by creating a clean, safe, and stimulating environment for
the people of the City of Miami Beach, its visitors, and the surrounding areas. The architecture and
site development should be of the highest quality contemporary design and planning of our time, and
should respect, reinforce, and appropriately advance the unique urban character as well as historic
qualities of the area, inclusive of the general feeling of "open space", which distinguishes North
Beach from South Beach.
1
361
Desired Development Concepts: The City is seeking a development project that enhances and
meets the needs of the businesses, residents, and visitors of the area and that contributes to the
vision/goals of promoting North Beach as a quality residential community and a family oriented
visitor destination. Uses that could be compatible with these goals include:
• Commercial Development to meet residential goods and service needs, providing a linkage
and/or anchor between the 71st Street Commercial District and the Harding Townsite
Commercial District
• Residential, mixed use project that provides upgraded housing stock and product
• Class A Office Space component that is compatible with other activity programmed for the
Site and complementary to the two established adjacent business districts
• Retail and/or restaurant establishments that promote pedestrian activity
• Public Plaza or Plazas ("open space") facilitating enhancement of the special "open space"
systems unique to the urban character North Beach and the park areas to the east and west
of the Site
• Family oriented entertainment destination for residents and visitors
• Enhanced Parking for the uses adjacent to the Site as well as the Ocean Terrace and upper
Collins Avenue hotel districts
• Expanded support facilities for cultural, arts, community theater and performance groups that
could perform in the North Beach area
• Educational and/or Public Institutions
2
362
II. THE DEVELOPMENT OPPORTUNITY
A. BACKGROUND
Over the last ten years Miami Beach has evolved from being a predominantly tourist destination with
a large retirement population, to one which may be characterized as a vibrant urban residential, resort
and business community.
Access to splendid North Shore beaches and parks, the allure of two historic districts and the
increasingly popular Ocean Terrace resort and residential enclave, as well as close proximity to
adjacent municipalities Surfside, Bal and Bay Harbours, North Bay Village due west, are all
contributing factors to the rediscovery of Miami Beach's North Shore as a place to visit, live, and
work. The influx of younger residents and families, coupled with the establishment of new
businesses in the area, has established North Beach as a major part of a dynamic international city.
North Beach, with its convenient location, tropical climate, and lively pedestrian character, has the
ability to attract a wide range of substantial business activity. One of the highlights of the area is
the Ocean Terrace beachside hotel and residential district, which recently underwent a substantial
renovation as a part of a major North Beach public improvements project that involved extensive
streetscape, landscape and other aesthetic improvements, totaling $21 million and demonstrating the
City's commitment to the complete revitalization of its very substantial "uptown" areas.
North Beach enjoys an increasingly diverse assortment of international restaurants and sidewalk
cafes, as well as a rapidly revitalizing market for large scale as well as small-scale "boutique" hotels,
along the beach from 63rd to 87th Streets. Similarly it is becoming home to numerous art shows,
festivals, and outdoor performances. These are being held in its significant and substantial "open
space" areas, including public parks, such as the North Shore Open Space Park and recreational
systems, such as the North Shore (athletics) Park, and the 72nd Street Band Shell.
Finally, the remarkable history of North Beach, incorporating the direct involvement of three
American presidents, Ulysses S. Grant, in 1875, Warren Harding, in 1922, and Franklin Delano
Roosevelt, in 1941, was but one of the powerful incentives for the City Commission to designate the
Harding Townsite/South Altos Del Mar Historic District in 1996 (extending along Collins Avenue
and Ocean Terrace, from 73rd Street to 77th Street); another magical incentive was the diverse
collection of Art Deco, Streamline Moderne, and Post War Modern style structures, designed by the
City's architectural masters between the 1930s and the mid 1960s, which has already brought fame,
economic revitalization, and renaissance to South Beach from 1979 through the present.
Thus, the diverse and distinctive history, architecture and marine environment of North Beach lend
significantly and positively to the future of the area by making it a unique touring, shopping and
dining, entertainment, and residential destination with a new and invigorating international flare.
The 72nd Street Site was originally a part of the United States Federal Life Saving Reserve
established by President Ulysses S. Grant, on July 25, 1875, for the purpose of rescuing shipwreck
victims and providing them succor and assistance to return to the mainland. Following the
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discontinued use of the site for this purpose in the 1920s, a political battle ensued to secure a part
of the former Reserve as an urban open space system.
In 1941, an Act of Congress ultimately resulted in the 22 acre tract of land, including the Site, being
sold to the City of Miami Beach for use as a public park, thus preserving the "open" character of
much of the original life saving reserve through to today. Indeed, the recreational park and open
band shell facilities, located to the west and east of the Site, are among most intensively used
outdoor public facilities in the City.
Today, the Site is a landscaped and metered municipal parking lot, serving the adjacent business
districts to the north and south, as well as the band shell, park and public recreational facilities to the
east and west.
B. DEVELOPMENT AND DESIGN PARAMETERS
The development of the Site will substantially define the image of North Beach's easternmost
business districts as well as its unique east/west "open space" system for many decades to come and
consequently, this development must be considered with the greatest care. It is the single largest and
most strategically located tract of open public land available for development in North Beach today.
It occupies approximately 4 acres between Collins and Harding Avenues, a block north of the
intersection of the City's northernmost primary east/west transportation corridor, the 71st Street
Corridor, which becomes the John F. Kennedy Causeway at the City's western limit, as it crosses
Biscayne Bay through the City of North Bay Village to Miami and 1-95. This singular location
makes the Site conveniently accessible to the splendid Atlantic Ocean beaches of North Beach, its
hotel districts, local businesses, cafes and historic districts, as well as oceanside park and recreational
areas. The Site's proximity to Miami Beach's "sister" communities of Surfside and Bal Harbour to
the north also offer unique opportunities for exceptional development. To the south, the Site is
likewise convenient to the upper and mid Collins Avenue hotel districts, as well as all of South
Beach, including the rapidly redeveloping Lincoln Road Mall; the Washington Avenue commercial
corridor; the Jackie Gleason Theater of the Performing Arts (TOPA); the Miami Beach Convention
Center; the renovated and expanded Bass Museum and emerging Collins Park Cultural Arts Campus;
the Holocaust Memorial; and Miami Beach City Hall; and of course Miami Beach's important Art
Deco Historic District.
The 72nd Street Site has remained open public land, available for appropriate development today,
for important reasons. Early in the history of Miami Beach, even in the period dating back to 1875,
users of the Site had kept this land "open" for public purpose; first as a life saving reserve, then a
Coast Guard Station, then a municipal public park, and finally, a landscaped municipal parking lot
serving adjacent uses. This well considered and rigorously debated urban land use progression
ultimately reflected the City forefathers' caution in preserving the Site for an appropriate and sensible
future use; such a use, or mix of uses, would need to best serve the North Beach community in a
responsible manner. Wise planning policies and progressive thinking has served this City well and
now provides for a unique development opportunity.
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Although the Site is not included within the boundaries of the Harding Townsite/South Altos Del
Mar Historic District or the Altos Del Mar Historic District to its north, the Harding Townsite/South
Altos Del Mar Historic District lies immediately adjacent to the Site's northern boundary and is one
of the important contextual relationships to be addressed. Arguably, the National Register Art Deco
Historic District in South Beach has been and continues to be the single most tangible influence
fueling the City's extraordinary resurgence as a design and tourism mecca. The North Beach historic
districts, which contain much of the same architecture and character, are anticipated to have a similar
positive effect here when properly revitalized. The City Commission, the City Administration,
residents, visitors, and design professionals alike will closely monitor any development proposed
for the subject Site; particularly analyzing all proposals not only for their functional merit and best
appropriate use of the Site, but also for their sensitivity and compatibility to Miami Beach's local
historic districts and the City's design legacy.
The City Administration, as well as the Historic Preservation and Design Review Boards, have
clearly signaled their ongoing interest in preserving the special urban character of the Beach while
advancing its cutting edge design continuum well into the future. Due to the scale of the proposed
project, and its anticipated impact on the central business districts as well as adjacent local historic
districts, it is imperative that the development project must be clearly compatible with the unique
pedestrian character, urban scale and building materials, and "open space" relationships of North
Beach.
C. SITE FUNCTIONS AND ADJACENT URBAN RELATIONSHIPS
In defining the successful future development of the Site, the following current Site functions and
established urban relationships must be carefully understood and reconciled in any proposal for
development:
Current Site Functions
• Primary Municipal Parking for the North Beach Band Shell, North Shore Park, the 71st and
72nd Street Business Districts, and the Harding Townsite (73rd Street to 75th Street)
Commercial District as well as "overflow" lot for Ocean Terrace.
Established Adjacent Urban Relationships of Major Significance
• 71st Street Commercial District and Harding Townsite (Collins Avenue from 73rd to 75th
Street) Commercial District
• North Beach Band Shell and North Shore Park
• Altos Del Mar Historic District, and Harding Townsite/South Altos Del Mar Historic District
• Performing Arts and Visual Arts Supporting Facilities in the Band Shell (to immediate east
of the site, and North Shore Open Space (east side of Collins Avenue between 79th and 87th
Streets)
• Ocean Terrace Hotel and Residential District
• Upper Collins Avenue Hotel District (63rd Street to 87th Street)
• Atlantic Ocean Beaches
• Multi-Modal Transportation Transfer Points (Metro-Dade Buses, and Taxis) at the
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Crossroads of 71st Street and Collins and Harding Avenues, as well as at locations adjacent
to the site along Harding and Collins Avenues, including bike routes and storage.
D. PARKING REQUIREMENTS
The Site must maintain at least the current level of public parking (approximately 306 spaces)
available to the general public, in addition to serving its own needs. Preferably, the proposed Site
development will enhance the amount of parking currently available. This is critical, as the future
success of North Beach as a quality place in which to live, do business, and visit, will depend upon
availability of sufficient conveniently located parking as a high priority.
IL RFO PROCESS
A. PROPOSER REQUIREMENTS
As part of this Request for Qualifications, the proposers are expected to demonstrate their
professional experience and range of experience in projects of similar scope and complexity,
financial capability to successfully undertake and complete the project, and present potential
development concepts. The City expects proposers to focus on the full team credentials in
developing representative projects, describing the projects, the physical constraints and environment
influencing the project concepts, and the actual contribution made by individual team members.
Special attention should also be given to demonstrating the team's ability to secure construction and
permanent financing for real estate projects. A preliminary development concept that is appropriate
to the area, reflective of the team's experience, is required to allow the evaluation committee a
succinct introduction to what is envisioned by the Proposer.
Proposals shall include:
1. Detailed qualifications (development track record of the entire proposed development team),
listing of previous projects of similar magnitude to that being proposed.
2. Description of representative development project by the team, individually and collectively;
3. Demonstration of ability to secure financing for large scale and similar sized projects;
4. Preliminary program;
5. Preliminary design concept (preliminary site plan) and relationship to surrounding areas.
Each proposal shall include, at a minimum, the following:
A. Qualifications:
1. Identity of developer, including the developer's organizational structure and names and
addresses of all principals, including public relation firms, lawyers, and lobbyists.
Composition and qualifications of other members of the development team.
2. The development team's professional qualifications and experience in development, financing
and management of comparable projects. Please specify the role played by various key
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members of the team.
3. Developer's experience - Proven team design capability of local or national reputatation
4. Complete and substantial evidence of the developer's financial capability to undertake the
proposed project as demonstrated by the ability to finance other large-scale development
projects.
5. List of owners and, for private-public projects, public sector participants, with contact names
and telephone numbers of completed comparable projects to this magnitude and type for
reference.
6. Firm's financial capacity to undertake the project
B. Financing Capability:
1. Proposer(s) are required to provide evidence of the ability to obtain financing for a project.
2. Proposals shall include letters of commitment from financial institutions rated AA or better,
documenting a proposer's ability to secure the necessary funds to complete a proposed
development.
3. Proposals shall include letters of commitment from bonding and insurance firms rated AA
or better, demonstrating the project team's ability to obtain the required bonds and insurance.
C. Proposer's Development Concept Plan(s):
1. Each Proposal should include a conceptual description of potential development(s) for the
site, which may include:
n Accessory/ancillary uses to be housed in the facility or on the site.
n Mix and character of uses.
n Key individual or types of tenants or users.
2. Proposals may include schematic drawings illustrating the proposed development plan.
3. The City will also welcome any concept plans, architectural drawings, or models the proposer
may wish to submit in addition to the development plan description.
Evaluation Criteria:
Submissions will be evaluated by an Evaluation Committee according to the criteria contained in
the RFQ. The following evaluation criteria shall be used by the City of Miami Beach to rank
qualified proposals:
1. Experience and track record of the proposer: including the proposer's proven capability
to deliver a high quality design/development project as evidenced by locally or nationally
recognized and completed comparable projects, and focusing on the qualifications and
experience of members of the development team, quality of similar past development
projects, ongoing technical and staff capacities, experience in public-private development
projects, and general reputation.
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2. Financial capability and level of financial commitment as it would impact the likelihood
of project implementation.
Developers will be invited to make a presentation to the Evaluation Committee. Upon reviewing
all of the proposals and presentations(s), the Evaluation Committee will rank the proposals and will
make a recommendation via a written report to the City Manager. The City Manager shall evaluate
each proposal submission and will render an independent recommendation to the City Commission
along with the Evaluation Committee's report.
The City will evaluate the proposals and select a preferred developer. The City will enter into
negotiations with the selected developer and, if an agreement cannot be reached with this party, the
City will proceed to the second ranked developer (if any), and so on, until an acceptable agreement
has been reached. Notwithstanding the foregoing, the City reserves the right, at any time
during the process, to reject any and all proposals, and to re-advertise for new proposals, or
postpone or cancel the RFQ process.
B. RFQ TIMETABLE
The anticipated schedule for this RFQ is as follows:
• RFQ approved issuance by
City Commission November 8, 2000
• RFQ advertised December 2000
• Mandatory Pre-proposal
Conference December 2000
• Proposals due February 2001
• Presentation and Interviews
to Evaluation Committee February 2001
• Notification of Preferred and
Alternate ranked Developers March 2001
• City Commission award April 2001
• Negotiation with Preferred
Developer and
Approval of contract June 2001
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The Chesapeake Group, Inc.
Building A Foundation For The Future
Identified Opportunities from Business Survey
"Lineage"
3 1/4 owners are 60 years of age, or older
o 25% have not identified someone to take over
Investment In Property
3 21% own property; 12% are interested in selling property
3 40% would like to make improvements to property or reinvest in business
Business Retention
3 41% have problems attracting employees
3 Preferences for changes in area (open ended)
Effort to address homeless, alcohol, drugs, etc.
o Increased security
o Additional development & improvement projects
o Improved parking
o More effective tourist attraction
o New business development
Preferences for changes in area (close ended)
o More parking (2/3)
o Improve residential area
o Better maintenance of commercial structures
o Increased restoration of commercial buildings
o Special events IN business areas
3 35% want to expand
3 2% want to contract
3 14% want to change location
3 21% able to make changes @ current location
3 24% would consider another North Beach location
8516 GREEN LANE, BALTIMORE, MARYLAND 21244 410-265-1784/(FAX)410-521-0480/TCGROUP@EROLS.COM
369
The Chesapeake Group, Inc.
Building A Foundation For The Future
Space Primary, Secondary, Tertiary & Existing Space
Table 7,7 - Total Existing Space*
Category Square Feet
Retail 347,100
Personal Services 56,600
Professional Services 100,000
Financial Services 30,600
Miscellaneous Services 91,800
Vacant 86,800
*Developed by The Chesapeake Group, Inc., 2000.
Table 78 - Penetration Level Supportable Space and Existing Space for North Beach*
Primary
Penetration
Secondary
Penetration
Growth
Penetration
Existing
Space
Tertiary
Penetration
Miami-Dade
Tertiary
Penetration
Ft. Lauder.
Category 2000 2000 2000-2005 2000 2000 2000
Food 74,120 66,192 14,542 97,500 52,244 38,010
Eat/Drink 62,917 56,187 12,341 117,000 44,347 32,264
General Merchandise 74,354 66,401 14,584 12,900 52,407 38,127
Furniture 62,547 55,858 12,270 9,400 44,086 32,074
Automotive + Service 231,789 206,999 45,470 20,000 163,378 118,860
Dru•store 33,021 29,488 6,477 45,000 23,274 16,933
A. 'are! 51,961 46,401 10,196 12,200 36,625 26,645
Hardware 30,349 27,104 5,950 18,500 21,392 15,562
Miscellaneous 86,265 77,036 16,930 14,600 60,803 44,237
75. :.:1 • ,-, • ,5 7 f'
*Developed by The Chesapeake Group, Inc., 2000.
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Preliminary Planning Concepts
North Beach Strategic Plan
Housing I Residential Neighborhoods
Residential use is the most important economic generator in North Beach —
_ present and future
Greatest assets:
n Waterfront
• Existing low-scale neighborhoods with architectural character
• Proximity
Vision / Image:
"North Beach will be the most desirable urban neighborhood in Miami-Dade Co."
n Range of income
n Multi-ethnic
n Choices of housing types
n Emphasis on families
Residential Strategies
1. Improve parks
2. Improve streets
3. Marketing strategies
n Emphasize unique architectural character
n Emphasize the waterways and canals
4. Targeted programs / assistance
n Increase homeownership
n Rehab loans to increase unit size
n Historic preservation incentives
n Residential parking
5. Schools
6. Religious institutions
7. Youth programs
8. Essential goods and services
9. Traffic and transportation
10. Accessibility to jobs
City of Miami Beach Planning Department (305) 673-7550
October 19, 2000 Page 1
371
Preliminary Planning Concepts
North Beach Strategic Plan
Attractions and Tourism
Vision:
"North Beach is the preferred destination for families visiting South Florida who
are seeking beaches, family-oriented activities, cultural arts and good food in a
friendly neighborhood environment."
Greatest Assets:
• Beaches
• Waterways
n Quieter, slower pace than South Beach
n More affordable than South Beach
Strategies
1. Cultural activities
n Byron Carlyle Theater convert to arts center
n Increased programming in bandshell
n Black Box theater
n Festivals
2. Family-oriented activities
• Improved beaches and parks
n North Beach Recreational Corridor / Atlantic Corridor greenway
• "Blueway" on Indian Creek and other waterways
n Rowing center / sailing and other boating
n Nature Center in NSOSP
n Water park
n Science or interactive museum
3. MiMo Architecture
City of Miami Beach Planning Department (305) 673-7550
October 19, 2000 Page 2
372
Preliminary Planning Concepts
North Beach Strategic Plan
Retail/Service
Vision:
"North Beach has ample goods andservices to supply residents' needs in
convenient locations, and it offers great quality and variety, reflecting the cultural
diversity of the community."
Strategies
1. Differentiate function of neighborhood shopping and services from
regional-and visitor-oriented businesses
2. Develop marketing, retention and recruitment plans to cluster appropriate
businesses in appropriate locations
3. Enhance vehicular accessibility, pedestrian accessibility, parking, and
visual environment as necessary to support the identity of each
commercial district
Development Opportunity Sites
Byron Carlyle Theater
n Cultural Arts - performing, rehearsal, office, and teaching space
n Must have adequate parking
n Capture spillover activity, especially eating and drinking
• Spillover businesses must be located within an enticing and convenient
walking distance from the theater
West Parking Lots at NSOSP 79th Street to 87th Street
n Parking for park
n Quality housing
n Mixed use concepts — home office, boutique hotel, schools
72nd Street site
• Equity One project
n Miami-Dade Community College
n Family entertainment uses
n Cultural uses
n Parking to support surrounding activities
n Urban open space
Other sites to be identified
City of Miami Beach Planning Department (305) 673-7550
October 19, 2000 Page 3
373
WHERE SHOPPING IS A PLEASURE
_ Publix suoer mar ets inc.
Tom Adams
REAL ESTATE MANAGER
Real Estate Department
May 12, 2000
Doron Valero
Equity One Realty & Management, Inc.
77717th Street - Penthouse
Miami Beach, Florida 33139
RE: NWC Collins Ave & 72nd Street
North Miami Beach, Dade County, Florida
Dear Doron:
Congratulations on the approval of your site for a 51 P prototype! Please note, this
approval is conditional upon an approved site plan for the shopping center and
acceptable lease terms. Prior to the full execution of a Lease Agreement, a press release
or a sign announcing the shopping center will not be allowed without written
permission from Publix.
The following is an outline of the procedures for the preparation of plans and
specifications for our store building and the common area elements of the shopping
center:
Construction Contract Documents
It is the responsibility of your architect/engineer to prepare construction contract
documents for the shopping center. This includes common area elements (such as on-
site and off-site utilities, paving, drainage, landscaping, etc.) that relate to the Publix
store.
P.O. Box 407 Lakeland, FL 33802 - 1936 George Jenkins Blvd. Lakeland, FL 33815
(863) 688-7407 Ext. 5524 374
Page 2 of 4
May 12, 2000
Supplementary Drawings and Specifications
It is also the responsibility of your architect/engineer to prepare all additional drawings
and specifications required to integrate those furnished by Publix into the shopping
center construction contract documents. These drawings must be identified as
supplementary to the plans and specifications furnished by Publix and separate from
the shopping center drawings. Publix will furnish its structural criteria and calculations
as your engineer requires to facilitate his assuming responsibility for these
supplementary drawings.
These supplementary drawings shall include but may not be limited to:
I. Drawings for the facade and front canopy extending from the front of the demised
premises to the front of the building, covering the canopy walkway, including
drawings for modifications required to Publix's structural drawings by the
structural design of the canopy. These will include structural criteria and
calculations to facilitate review and approval by Publix.
2. Drawings for any modification required to Publix structural drawings by the
structural design of adjacent shops. These will include structural criteria and
calculations to facilitate review and approval by Publix.
3. Drawings for any modifications required to Publix drawings to accommodate site
conditions other than those indicated on the drawings furnished by Publix, such as
elevated foundation walls with resulting ramps/steps from side doors and loading
docks/truck wells at the rear of the store.
4. Drawings for pilings and a structural slab as required. Should pilings and/or
structural slabs be required, Publix will provide a prototype design. This will be for
your engineer's guidance only; he will be expected to assume responsibility for the
final design.
5. Drawings for transformer vault, sound control walls, visual screens, and other such
appurtenances as may be required by local utilities or authorities having
jurisdiction.
375
Page 3 of 4
May 12, 2000
Environmental Audit
Also provide a Phase I environmental audit for Publix' review within thirty (30) days
from the date of this letter. Information contained in the audit should be prepared and
state for use and reliance upon by Publix and the Landlord. All information relating to
said environmental report shall be considered confidential and privileged.
Environmental consultant shall not distribute, discuss, disclose, publish or allow to be
discovered any confidential information without Publix' prior written consent. Please
deliver three copies of this report within 30 days to:
James P. Hahn, Esq.
General Counsel, Publix Super Markets
Hahn, McClurg, Watson, Griffith & Bush, PA
Post Office Box 38
Lakeland, FL 33802
Impact Fees
Enclosed is an Impact Fee Questionnaire. It is the developer's responsibility to
negotiate the lowest possible cost for impact fees. Publix requires that the cost of
impact fees be capped. In order to arrive at the amount to be capped, the developer will
be required to determine how the county and/or city in which the shopping center will
be located determines impact fees. The Developer should obtain all of the pertinent
information required for computing impact fees, calculate the estimated fees, and
submit the estimate along with all of the supporting documentation to Woody Rayburn
in the Publix Business Analysis and Reporting Department. Publix will require the
developer to document his plans for challenging the county or city's assumptions used
to calculate the impact fees. This plan must be submitted to Publix before a cap amount
will be written into the lease. Please direct any questions regarding impact fees to
Woody Rayburn at (941) 616-5743.
Geotechnical Studies and Preliminary Drawings
Please send three copies of site geotechnical studies and preliminary drawings to
John Kitchens, P.E., for review at an early stage of design, thus avoiding any costly
redesign at an advanced stage of contract document preparation. Please see the
attached Site Development Package for specific Publix design criteria.
376
Page 4 of 4
May 15, 2000
General Contractor
The Lease Agreement will require approval of your general contractor by Publix.
Please contact our Director of Construction, Bob Newman, to discuss the selection of a
contractor.
Final Plans and Specifications
Signed-and-sealed documents for bidding and permitting will not be available to
you until:
(1) The Lease Agreement has been executed by all parties;
(2) Tom Feazel, A.I.A. & John Kitchens, P.E. have reviewed and approved
Landlord's Final Plans and Specifications.
Please advise if you have any questions regarding this procedure. I look forward to
working with you on this project.
Sincerely,
PUBLIX SUPER MARKETS, INC.
7 7ildamd SIGNED IN HIS ABSENCE
TO AVOID DELAY
TA/cm
Enclosures: Site Development Packages
Impact Fee Questionnaire
c: File
James P. Hahn Esq. (w/o attachment)
Dave Duncan (w/o attachment)
Bob Newman (w/o attachment)
Lorenna Sikking (w/o attachment)
Woody Rayburn (w,'o attachment)
Mary Dobbins (w/o attachment)
Tom Adams
Real Estate Manager
377
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH FL 33139-1824
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. g-P-C -oo
TO: Mayor Neisen 0. Kasdin and DATE: November 8, 2000
Members of the City Commission
FROM: Jorge M. Gonzalez 076-
City Manager
SUBJECT: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ISSUANCE
AND SALE OF NOT TO EXCEED $135,000,000 PRINCIPAL
AMOUNT OF CITY OF MIAMI BEACH HEALTH FACILITIES
AUTHORITY HOSPITAL REVENUE BONDS, SERIES 2000C
(MOUNT SINAI MEDICAL CENTER OF FLORIDA PROJECT), NOT
TO EXCEED $25,000,000 PRINCIPAL AMOUNT OF CITY OF
MIAMI BEACH HEALTH FACILITIES AUTHORITY HOSPITAL
REVENUE BONDS, SERIES 2000D (MOUNT SINAI MEDICAL
CENTER OF FLORIDA PROJECT) AND NOT TO EXCEED
$90,000,000 PRINCIPAL AMOUNT OF CITY OF MIAMI BEACH
HEALTH FACILITIES AUTHORITY HOSPITAL REVENUE
BONDS, TAXABLE SERIES 2000E (MOUNT SINAI MEDICAL
CENTER OF FLORIDA PROJECT), BY THE CITY OF MIAMI
BEACH HEALTH FACILITIES AUTHORITY, INCLUDING THE
APPROVAL REQUIRED BY SECTION 147(f) OF THE INTERNAL
REVENUE CODE OF 1986, AS AMENDED; PROVIDING THAT
SAID BONDS SHALL NOT CONSTITUTE A DEBT, LIABILITY OR
OBLIGATION OF THE CITY OR THE STATE OF FLORIDA OR
ANY POLITICAL SUBDIVISION THEREOF BUT SHALL BE
PAYABLE SOLELY FROM THE REVENUES PROVIDED
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
Agenda Item:
Date: (
378
ANALYSIS
By approving this Resolution, the City Commission is authorizing the following actions:
• issuance and sale of not to exceed $135,000,000 principal amount of City of Miami Beach Health
Facilities Authority Hospital Revenue Bonds, Series 2000C (Mount Sinai Medical Center of
Florida Project), by the City of Miami Beach Health Facilities Authority;
• issuance and sale of not to exceed $25,000,000 principal amount of City of Miami Beach Health
Facilities Authority Hospital Revenue Bonds, Series 2000D (Mount Sinai Medical Center of
Florida Project), by the City of Miami Beach Health Facilities Authority; and
• issuance and sale of not to exceed $90,000,000 principal amount of City of Miami Beach Health
Facilities Authority Hospital Revenue Bonds, Taxable Series 2000E (Mount Sinai Medical
Center of Florida Project), by the City of Miami Beach Health Facilities Authority.
These Bonds and the interest thereon, shall not be deemed to constitute a debt, liability or obligation
of the City of Miami Beach and shall be payable solely from the revenues referred to in the Bond
Resolution and neither the faith and credit nor any taxing power of the City of Miami Beach is
pledged to the payment of principal, a redemption premium or interest on the Bonds.
The three series of Bonds proposed to be issued will accomplish the refinancing of the City of Miami
Beach Health Facilities Authority (the "CMBHFA") Hospital Revenue Bonds, Series 2000A and
Taxable Series 2000B (Mount Sinai Medical Center of Florida Project), issued on behalf of Mount
Sinai Medical Center of Florida (the "Medical Center") in June of this year and the funding of
additional capital improvements for the Medical Center. The Series 2000A and B Bonds were issued
to refinance the CMBHFA Series 1992 Bonds approved on behalf of the Medical Center and to
provide funds for the acquisition of Columbia/HCA's Miami Heart Institute (the "Miami Heart
Institute") by the Medical Center. The financing in June was designed to provide an interim-
financing vehicle until the Medical Center could issue longer-term debt and see the effects of
assimilating the operation of the Miami Heart Institute into the operations of the Medical Center. The
Medical Center feels it is appropriate now, because of favorable market conditions, to ask the
CMBHFA to issue the three series of Bonds to provide, among other purposes, for the refinancing
of CMBHFA Series 2000A and B Bonds. Listed below is a description of the CMBHFA Series
2000C, D and E Bonds and the purpose that each will accomplish when issued.
$135,000,000 City of Miami Beach
Health Facilities Authority Hospital Revenue Bonds, Series 2000C
The CMBHFA Series 2000C Bonds will be tax-exempt bonds issued to refinance a portion of the
CMBHFA Series 2000A Bonds on a long-term basis. The Bonds are expected to have a 30-year
maturity at fixed rates with the minimum investment grade rating by both Fitch Investors and
Standard & Poors. In addition a portion of the proceeds of the CMBHFA Series 2000 C Bonds will
be used to fund certain capital improvements of the Medical Center.
379
$25,000,000 City of Miami Beach
Health Facilities Authority Hospital Revenue Bonds, Series 2000D
The proceeds of the CMBHFA Series 2000D Bonds will be issued to refinance the CMBHFA Series
2000A Bonds that are not being refinanced with the proceeds of the CMBHFA Series 2000C Bonds.
The Series 2000D Bonds are structured to be issued as tax-exempt bonds at fixed rates with a 30-
year maturity. The primary purpose for the structure of the CMBHFA Series 2000D Bonds is to
provide the Medical Center with the opportunity to refinance the CMBHFA Series 2000D Bonds into
a combined tax-exempt bond issue with the CMBHFA Taxable Series 2000E Bonds on their call
date. At the call date, the CMBHFA Taxable Series 2000E Bonds will be able to be refinanced on
a tax-exempt basis. By including the CMBHFA Series 2000D Bonds in the refinancing, it will
allow, under the tax law, for the maturity of the refunding bonds to be extended to 30 years. The
Series 2000D Bonds will carry a minimum investment grade rating by both Fitch Investors and
Standard & Poors. The Medical Center wants to have this debt structure available to them to
minimize future annual debt service payments.
$90,000,000 City of Miami Beach
Health Facilities Authority Hospital Revenue Bonds, Taxable Series 2000E
The CMBHFA Series 2000E Bonds will be issued to refinance the CMBHFA Series 2000B Bonds.
Both series are taxable Bonds with variable rates of interest. The CMBHFA Series 2000 E Bonds
will have interest rates that are based on the LIBOR Rate and are expected to mature before 2006;
however, the Bonds may be refinanced with tax-exempt bonds by November 15, 2002. These bonds
are also expected to have minimum investment grade ratings.
Subsequent Transaction
The CMBHFA and the City Commission should be aware that upon the issuance, sale and closing
of the Bonds, the Medical Center may enter into agreements with certain financial institutions for
the purpose of executing interest rate swaps. These agreements do not require the CMBHFA or the
City's approval and will be authorized under the provision of the Medical Center's Master Trust
Indenture. The agreements are expected to lower the Medical Center's cost of capital but will
expose it to variable interest rate risk.
If the bonds are issued subsequent to December 31, 2000, the series designation will be changed (i.e.
Series 2001), subject to the approval of the Chairman or Vice-Chairman of the CMBHFA. Further,
the bonds may be issued for one or more of the purposes set forth in the Resolution, as determined
by the Medical Center and approved by the Chairman or Vice-Chairman of the CMBHFA.
The issuance of the Bonds serves a valid public purpose by advancing the commerce, welfare and
prosperity of the City and its people. The purpose of assisting health providers in securing access
to the credit markets is achieved in this transaction.
380
BACKGROUND
The City Commission of the City of Miami Beach adopted Ordinance No. 90-2701 on July 25, 1990,
creating the CMBHFA to assist health facilities in the acquisition, construction, financing, and
refinancing of health facility related projects in the City.
The Ordinance, as amended, provides that the CMBHFA can issue bonds and notes for the purpose
of providing funds to pay all or any part of the cost of any project or any other lawful purpose and
to issue refunding bonds. Further, it provides that the City Commission must approve any bonds
issued by the CMBHFA as the final step in the approval process.
On November 7, 2000, the CMBHFA adopted a Resolution authorizing the issuance of the
CMBHFA Series 2000C, 2000D and 2000E Bonds, the proceeds of which will be used by the
Medical Center to: (i) refund and defease the currently outstanding CMBHFA Hospital Revenue
Bonds, Series 2000A and Taxable Series 2000B (Mount Sinai Medical Center of Florida Project);
(ii) fund certain capital improvements at the Medical Center; (iii) fund certain capitalized interest
for the Bonds; (iv) fund certain debt service reserves for the Bonds and (v) pay certain expenses in
connection with the issuance of the Bonds. The CMBHFA also held a public hearing on November
7, 2000, as required by Section 147(f) of the Internal Revenue Code of 1986, for the purpose of
giving all interested persons an opportunity to express their views in connection with the
CMBHFA's proposed issuance of the Series 2000C Bonds and the Series 2000D Bonds.
CONCLUSION
The Commission should adopt this Resolution to approve the issuance of the Bonds for the purpose
detailed above, including the approval required under Section 147(f) of the Internal Revenue Code
of 1986, as amended.
JMG/PDW/km o►
F:\FIN ryy, DIR\MemosThfa bonds refundingREV3.doc
381
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ISSUANCE
AND SALE OF NOT TO EXCEED $135,000,000 PRINCIPAL AMOUNT
OF CITY OF MIAMI BEACH HEALTH FACILITIES AUTHORITY
HOSPITAL REVENUE BONDS, SERIES 2000C (MOUNT SINAI
MEDICAL CENTER OF FLORIDA PROJECT), NOT TO EXCEED
$25,000,000 PRINCIPAL AMOUNT OF CITY OF MIAMI BEACH
HEALTH FACILITIES AUTHORITY HOSPITAL REVENUE BONDS,
SERIES 2000D (MOUNT SINAI MEDICAL CENTER OF FLORIDA
PROJECT) AND NOT TO EXCEED $90,000,000 PRINCIPAL AMOUNT
OF CITY OF MIAMI BEACH HEALTH FACILITIES AUTHORITY
HOSPITAL REVENUE BONDS, TAXABLE SERIES 2000E (MOUNT
SINAI MEDICAL CENTER OF FLORIDA PROJECT), BY THE CITY OF
MIAMI BEACH HEALTH FACILITIES AUTHORITY, INCLUDING THE
APPROVAL REQUIRED BY SECTION 147(1) OF THE INTERNAL
REVENUE CODE OF 1986, AS AMENDED; PROVIDING THAT SAID
BONDS SHALL NOT CONSTITUTE A DEBT, LIABILITY OR
OBLIGATION OF THE CITY OR THE STATE OF FLORIDA OR ANY
POLITICAL SUBDIVISION THEREOF BUT SHALL BE PAYABLE
SOLELY FROM THE REVENUES PROVIDED THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Health Facilities Authority (the "Authority") was
created by Ordinance No. 90-2701 adopted on July 25, 1990 (the "Ordinance") by the Mayor and
City Commission of the City of Miami Beach, Florida (collectively, the "Commission") pursuant
to the Florida Health Facilities Authorities Law, Chapter 154, Part III, Florida Statutes, as
amended (the "Act"); and
WHEREAS, the Ordinance was amended by Ordinance No. 91-2738 adopted on April
10, 1991 by the Commission, Ordinance No. 92-2776 adopted on March 4, 1992 by the
Commission and Ordinance No. 97-3086 adopted on July 2, 1997 by the Commission and taking
effect on January 1, 1998; and
WHEREAS, on November 7, 2000, as required by Section 147(f) of the Internal Revenue
Code of 1986, as amended (the "Code"), the Authority held a public hearing, for which there was
reasonable public notice published on October 23, 2000 in The Miami Herald (a copy of which
Miami; 23090-00005; Document 9: 6082v3
382
notice is attached hereto as Exhibit I and made a part hereof), for the purpose of giving _all
interested persons an opportunity to express their views, either orally or in writing, or both, in
connection with the Authority's proposed issuance of its City of Miami Beach Health Facilities
Authority Hospital Revenue Bonds (Mount Sinai Medical Center of Florida Project), in one or
more series, in an aggregate principal amount not to exceed $160,000,000 (the "Tax-Exempt
Bonds"), for the purposes hereinafter deschbed; and
WHEREAS, on November 7, 2000, the Authority adopted a resolution, a copy of which
is attached hereto as Exhibit II and made a part hereof (the "Bond Resolution"), authorizing,
under the provisions of the Act, the Florida Industrial Development Financing Act, Chapter 159,
Part II, Florida Statutes, as amended, and, with respect to the Series 2000E Bonds (hereinafter
defined), the Taxable Bond Act of 1987, Chapter 159, Part VII, Florida Statutes, as amended, the
issuance of its (i) not to exceed $135,000,000 principal amount of City of Miami Beach Health
Facilities Authority Hospital Revenue Bonds, Series 2000C (Mount Sinai Medical Center of
Florida Project) (the "Series 2000C Bonds"), constituting one series of the Tax-Exempt Bonds,
the proceeds of which will be loaned to Mount Sinai Medical Center of Florida, Inc., a not-for-
profit corporation organized under the laws of the State of Florida (the "Medical Center"), and
used, together with other available moneys, if any, to (a) refund and defease a portion of the
currently outstanding City of Miami Beach Health Facilities Authority Hospital Revenue Bonds,
Series 2000A (Mount Sinai Medical Center of Florida Project) (the "Series 2000A Bonds"),
previously issued as interim financing for the benefit of the Medical Center, (b) pay (or
reimburse) the cost of undertaking certain capital improvements owned or to be owned by the
Medical Center, including funding capitalized interest for the Series 2000C Bonds (the
"Project"), (c) fund a deposit to a debt service reserve and (d) pay certain expenses in connection
with the issuance of the Series 2000C Bonds; (ii) not to exceed $25,000,000 principal amount of
2
Miami; 23090-00005; Document 6082v3
383
City of Miami Beach Health Facilities Authority Hospital Revenue Bonds, Series 2000D (Mount
Sinai Medical Center of Florida Project) (the "Series 2000D Bonds"), constituting the other
series of the Tax-Exempt Bonds, the proceeds of which will be loaned to the Medical Center and
used, together with other available moneys, if any, to (a) refund and defease the portion of the
Series 2000A Bonds not being refunded and defeased by the issuance of the Series 2000C
Bonds, (b) fund capitalized interest for thd Series 2000D Bonds, (c) if desirable, fund a deposit to
a debt service reserve and (d) pay certain expenses in connection with the issuance of the Series
2000D Bonds; and (iii) not to exceed $90,000,000 principal amount of City of Miami Beach
Health Facilities Authority Hospital Revenue Bonds, Taxable Series 2000E (Mount Sinai
Medical Center of Florida Project) (the "Series 2000E Bonds" and together with the Series
2000C Bonds and the Series 2000D Bonds, the "Bonds"), the proceeds of which will be loaned
to the Medical Center and used, together with other available moneys, if any, to (a) refund and
defease all of the currently outstanding City of Miami Beach Health Facilities Authority Hospital
Revenue Bonds, Taxable Series 2000B (Mount Sinai Medical Center of Florida Project),
previously issued as interim financing for the benefit of the Medical Center, (b) if desirable, fund
a deposit to a debt service reserve and (c) pay certain expenses in connection with the issuance of
the Series 2000E Bonds; and
WHEREAS, the Bond Resolution provides that (i) to the extent the Bonds are issued after
December 31, 2000, the series designations for the Bonds set forth above may be changed as
shall be approved by the Chairman of the Authority, or in his absence, the Vice Chairman of the
Authority, and (ii) the Bonds may be issued for all or such portions of the purposes set forth
above as shall be determined by the Medical Center and approved by the Chairman of the
Authority, or in his absence, the Vice Chairman of the Authority; and
3
Miami; 23090-00005; Document #, 6082v3
384
WHEREAS, the Ordinance, as amended, requires the approval by the Commission_ of
sales of bond issues of the Authority and Section 147(f) of the Code requires the approval by the
Commission of the issuance of the Tax-Exempt Bonds; and
WHEREAS, this Commission desires to approve the Bond Resolution and the issuance
and sale of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. The Bond Resolution and the issuance and sale of the Bonds (with the
appropriate series designations and purposes) pursuant thereto are hereby in all respects
approved, including approval of the issuance of the Tax-Exempt Bonds in an aggregate principal
amount not to exceed $160,000,000 in accordance with Section 147(f) of the Code.
Section 2. The Bonds and interest thereon shall not be deemed to constitute a debt,
liability or obligation of the City of Miami Beach, Florida or of the State of Florida or of any
political subdivision thereof, but shall be payable solely from the revenues referred to in the
Bond Resolution, and neither the faith and credit nor any taxing power of the City of Miami
Beach, Florida or of the State of Florida or of any political subdivision thereof is pledged to the
payment of the principal of, redemption premium, if any, or interest on the Bonds.
4
Miami; 23090-00005; Document 6082v3
385
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this day of , 2000.
(SEAL)
Attest:
Mayor
City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
L.(2-70-1)
loato"."
5
Miami; 23090-00005; Document 0; 6082v3
386
EXHIBIT I
NOTICE OF PUBLIC HEARING
Miami; 23090-00005; Document 0: 6082v3
387
.11OMMII•
The Prior Project
consists of (I) the
acquisition by the
Medical Center of certain
of the assets of Miami
Beach Healthcare
Group, Ltd., a Florida
limited partnership.
Tri-County Community
Hospital, Inc., a
Kentucky corporation,
and Columbia/HCA
Healthcare Corporation,
a Delaware corporation,
used in the business and
operation of the facilities
commonly known as the
Miami Heart Institute,
Including land, buildings,
fixtures, furnishings,
equipment, leasehold
interests and other
tangible and Intangible
property, located at 4701
Meridian Avenue, Miami
Beach, Florida, 1880
Meridian Avenue, Miami
Beach, Florida, and 250
63rd Street, Miami
Beach, Florida
(collectively, the "Miami
Heart Sites"), (II) the
acquisition by the
Medical Center of a
portion of the land
located at 4701 Meridian
Avenue, Miami Beach,
Florida. which is subject
to a ground lease, and
(III) the undertaking of
other capital
improvements owned or
to be owned by the
Medical Center,
including the acquisition,
construction, renovation,
modification,
modernization,
relocation and
consolidation of
buildings, fixtures,
furnishings, equipment,
leasehold interests and
other tangible and
intangible property, such
as medical devices,
patient care systems,
information systems and
other capital Items,
located or to be located
at 4300 Alton Road,
Miami Beach, Florida.
400 Arthur Godfrey
Road, Miami Beach,
Florida, and the Miami
Silleatesrt")8.
the 'Medical Center
Res (collectively,
The Project consists
of the undertaking of
additional capital
improvements owned or
to be owned by the
Medical Center,
including the acquisition,
construction, renovation.
modification,
modernization,
relocation and
consolidation of
buildings, fixtures
furnishing s equiment,
leasehold interests and
other tangible and
Intangible
1:r PI:: pbeertrdcated
at the Medical Center
Sites, and may include
specifically the •
acquisition from
Comprehensive Cancer
Centers Inc., a
California corporation, of
certain buildings,
fixtures, furnishings,
equipment, and other
tangible and intangible Fastrz located
ot
t on the
Property at
Road, Miami Beach,
Florida, and presently
used in the operation of
the Comprehensive
Cancer Center.
The Bonds and the
Interest thereon shall not
constitute a debt, liability
or obligation of the City
of Miami Beach, Florida,
or of the State of
Florida or of any political
subdivision thereof, but
shall be payable solely
from the revenues and
loan payments payable
under one or more loan
agreements to be
entered Into by and
between the Authority
and the Medical Center.
NO STENOGRAPHIC
RECORD BY A
CERTIFIED COURT
REPORTER WILL BE
MADE OF THE
FOREGOING MEETING.
ACCORDINGLY, ANY
PERSON WHO MAY
SEEK TO APPEAL ANY
DECISION INVOLVING
THE MATTERS
NOTICED HEREIN WILL
BE RESPONSIBLE FOR
MAKING A VERBATIM
RECORD OF THE
TESTIMONY AND
EVIDENCE AT SAID
MEETING UPON WHICH
ABANSYED.
APPEAL IS TO BE
IN ACCORDANCE
WITH THE AME
WITH DISABILITIES ACT
OF 1990, PERSONS
NEEDING SPECIAL
ACCOMMODATION TO
PARTICIPATE IN THIS
HEARING SHOULD
CONTACT THE CITY OF
MIAMI BEACH CITY
CLERK'S OFFICE NO
LATER THAN FOUR (4)
DAYS PRIOR TO THE
HEARING. TELEPHONE
(305) 673-7411 FOR
ASSISTANCE: IF
HEARING IMPAIRED,
TELEPHONE THE
FLORIDA RELAY
SERVICE NUMBERS,
r8 00) 955-8771 (TDID) or
00) 955-8770 (VOICE)
OR ASSISTANCE.
This notice Is
published pursuant to
the requirements of
Section 147(f) of the
Internal Revenue Code
of 1986, as amended.
October 23, 2000
CITY OF MIAMI BEACH
HEALTH FACILITIES
AUTHORITY
PUBLIC HEARING
NOTICE OF PUBLIC
HEARING REGARDING
THE PROPOSED
ISSUANCE BY THE CITY
OF MIAMI BEACH
HEALTH FACILITIES
AUTHORITY OF UP TO
$160,000,000 HOSPITAL
REVENUE BONDS
(MOUNT SINAI MEDICAL
CENTER OF FLORIDA
PROJECT)
Notice is hereby given
that a public hearing will
be held by the City of
Miami Beach Health
Facilities Authority (the
"Authority") on
November 7, 2000,
commencing at 1:30
co.m., or shortly
thereafter, in the City
Manager's Large
Conference Room. City
Hail.City of Miami
Beach, Florida, 1700
Convention Center
Drive, 4th Floor, Miami
Beach, Florida 33139, for
the purpose of providing
a reasonable opportunity
for interested persons to
express their views both
orally and in writing
(which must be received
by the Authority before
the hearing date in an
appropriately marked
envelope)
e
on
Issuance
b
it.:Pguthorlty of its City
of Miami Beach Health
Facilities Authority
Hospital Revenue Bonds
renter of Florida
ount Sinai Medical
reject) in one or more
seriw, in an aggregate
Principal amount not to
exceed $160,000,000
(the "Bonds").
The proceeds of the
ponds will be loaned to
Mount Sinai Medical
Center of Florida, Inc.
(the "Medical Center").
a not-for-profit
cy'
ized
n=rattfr laYroorgr the
State of Florida, and will
be used, together with
other available monies, if
_ any, ton (I) refund the
outstanding $84,915,000 ratiti Beach Health
acliltles Authority
ipal amount City of
ospitat Revenue Bonds,
Series 2000A (Mount
131011 MeAlleal, Center of
Florida Project), Issued
to pay the oast of .the
Prtor Project (es
psoribed brawl, (Ii) pay
r reimburse) the cost of
he Project (se described
below) (III) fund
sepftailzeg Interest for
theMond (Iv) fund debt
reeterves for the
firtirinCiavtjeleieayin
erinneotion with the jas nt thak lannria
fttlinied-on rioxt Column
3rd day of October , 2000
My Commission
Expires: May 12, 2002
lvia Acosta
Notary
Affiant further says that the said The Miami Herald
is a newspaper published at Miami, in the said Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Dade
County, Florida each day and has been entered as
second class mail matter at the post office in Miami,
in said Dade County, Florida, for a period of one
year next preceding the first publication of the
attached copy of advertisement; and affiant further
says that he has neither paid nor promised any
person, firm or corporation any discount, rebate,
commission or refund for the purpose of se ring
this advertisement for publication in the
ne .papers(s).
t_b_ 4111W
subscribed before me this
the mad Iferath
www.herald.com
www.elherald.com
PUBLISHED DAILY
MIAMI-DADE-FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally
appeared:
JEANNETTE MARTINEZ
who on oath says that he/she is
CUSTODIAN OF RECORDS
of The Miami Herald, a daily newspaper published at
Miami in Dade County, Florida; that the attached
copy of advertisement was published in said
newspaper in the issues of:
October 23, 2000
FFICIAL NOTA12.? SEAL
SILVIA. ACOSTA
NaTARY FUT3LIC STATE CiF FLORIDA
COMMISSION NO. Cr:74.204a
MY COMMESION EXP, MA`f 12 :,1.":Yr
388
EXHIBIT II
BOND RESOLUTION
Miami; 23090-00005; Document ft: 6082v3
389
Miami Beach, Florida
November 7, 2000
The City of Miami Beach Health Facilities Authority (the "Authority") met in public
session in the City Manager's Large Conference Room, 4th Floor, City of Miami Beach City
Hall, in the City of Miami Beach, Florida, at 1:30 p.m. on November 7, 2000. Upon call of the
roll, the following were found to be present:
Absent:
It was announced by the Chairman that the purpose of the meeting included the adoption of a
resolution authorizing the issuance of (i) City of Miami Beach Health Facilities Authority
Hospital Revenue Bonds, Series 2000C (Mount Sinai Medical Center of Florida Project), of the
Authority in an aggregate principal amount not to exceed $135,000,000, (ii) City of Miami
Beach Health Facilities Authority Hospital Revenue Bonds, Series 2000D (Mount Sinai Medical
Center of Florida Project), of the Authority in an aggregate principal amount not to exceed
$25,000,000 and (iii) City of Miami Beach Health Facilities Authority Hospital Revenue Bonds,
Taxable Series 2000E (Mount Sinai Medical Center of Florida Project), of the Authority in an
aggregate principal amount not to exceed $90,000,000.
Thereupon the following resolution was introduced in written form by the Chairman, the
title thereof was read in full, and pursuant to motion made by
and seconded by , adopted by the following vote:
Aye:
Nay:
Miami; Document 14: 6080v3
390
The resolution was thereupon declared and adopted, signed by the Chairman and attested
by . The resolution reads in full as follows:
A RESOLUTION (i) authorizing the issuance of City of Miami
Beach Health Facilities Authority Hospital Revenue Bonds, Series
2000C (Mount Sinai Medical Center of Florida Project) (the "Series
2000C Bonds"), of the City of Miami Beach Health Facilities
Authority (the "Authority") in an aggregate principal amount not to
exceed $135,000,000, for the purpose of providing funds to be used,
together with other available moneys, if any, to: (a) refund and
defease a portion of the currently outstanding City of Miami Beach
Health Facilities Authority Hospital Revenue Bonds, Series 2000A
(Mount Sinai Medical Center of Florida Project) (the "Series 2000A
Bonds"), previously issued as interim financing for the benefit of
Mount Sinai Medical Center of Florida, Inc. (the "Medical Center"),
(b) pay (or reimburse) the cost of certain capital projects, including
funding capitalized interest for the Series 2000C Bonds (collectively,
the "Project"), (c) fund a deposit to a debt service reserve and (d) pay
certain expenses in connection with the issuance of the Series 2000C
Bonds, to be issued under the provisions of a Trust Indenture and a
Loan Agreement, and to be further secured by an Amended and
Restated Master Trust Indenture, a Supplemental Master Trust
Indenture for Obligation No. 5, an Obligation No. 5, a Fee and
Leasehold Mortgage, Assignment and Security Agreement, as
amended, and an Amended and Restated Guaranty and Security
Agreement; (ii) authorizing the issuance of City of Miami Beach
Health Facilities Authority Hospital Revenue Bonds, Series 2000D
(Mount Sinai Medical Center of Florida Project) (the "Series 2000D
Bonds"), of the Authority in an aggregate principal amount not to
exceed $25,000,000, for the purpose of providing funds to be used,
together with other available moneys, if any, to: (a) refund and
defease the portion of the Series 2000A Bonds not being refunded
and defeased by the issuance of the Series 2000C Bonds, (b) fund
capitalized interest for the Series 2000D Bonds, (c) if desirable, fund
a deposit to a debt service reserve and (d) pay certain expenses in
connection with the issuance of the Series 2000D Bonds, to be issued
under the provisions of a Trust Indenture and a Loan Agreement, and
to be further secured by the Amended and Restated Master Trust
Indenture, a Supplemental Master Trust Indenture for Obligation No.
6, an Obligation No. 6, the Fee and Leasehold Mortgage, Assignment
and Security Agreement, as amended, and the Amended and Restated
Guaranty and Security Agreement; (iii) authorizing the issuance of
City of Miami Beach Health Facilities Authority Hospital Revenue
Bonds, Taxable Series 2000E (Mount Sinai Medical Center of
Florida Project) (the "Series 2000E Bonds" and, together with the
2
Miami; Document #: 6080v3
391
Series 2000C Bonds and the Series 2000D Bonds, the "Bonds") of
the Authority in an aggregate principal amount not to exceed
$90,000,000, for the purpose of providing funds to be used, together
with other available moneys, if any, to: (a) refund and defease all of
the currently outstanding City of Miami Beach Health Facilities
Authority Hospital Revenue Bonds, Taxable Series 2000B (Mount
Sinai Medical Center of Florida Project), previously issued as interim
financing for the benefit of the Medical Center, (b) if desirable, fund
a deposit to a debt service reserve and (c) pay certain expenses in
connection with the issuance of the Series 2000E Bonds, to be issued
under the provisions of a Trust Indenture and a Loan Agreement, and
to be further secured by the Amended and Restated Master Trust
Indenture, a Supplemental Master Trust Indenture for Obligation No.
7, an Obligation No. 7, the Fee and Leasehold Mortgage, Assignment
and Security Agreement, as amended, and the Amended and Restated
Guaranty and Security Agreement; (iv) providing that the Bonds
shall not constitute a debt, liability or obligation of the City of Miami
Beach, Florida or of the State of Florida or of any political
subdivision thereof but shall be payable solely from the sources
provided therefor under said Trust Indentures; (v) delegating to the
Chairman, or in his absence, the Vice-Chairman, the fixing of the
terms of the Bonds and other details within the parameters set forth
herein; (vi) authorizing the execution and delivery by the Authority
of the Trust Indentures and the Loan Agreements; (vii) approving the
forms of said Supplemental Master Trust Indentures, Obligations and
Amended and Restated Guaranty and Security Agreement; (viii)
authorizing the execution and delivery by the Authority of Escrow
Deposit Agreements and the purchase of government obligations; (ix)
authorizing the sale of the Bonds through a negotiated sale and the
execution and delivery by the Authority of Purchase Contracts; (x)
appointing a Bond Trustee and Bond Registrar under the Trust
Indentures; (xi) approving Preliminary Official Statements and
authorizing the execution and delivery of Official Statements; (xii)
authorizing the execution and delivery of additional documents
required in connection with the Bonds; (xiii) recommending approval
of the Bonds by the Mayor and City Commission of the City of
Miami Beach, Florida; and (xiv) providing for other related matters.
WHEREAS, the City of Miami Beach Health Facilities Authority (the "Authority") has
been created pursuant to Chapter 74-323, Laws of Florida, being Part III of Chapter 154 of the
Florida Statutes, as amended, known as the Health Facilities Authorities Law (the "Health Act"),
and has been determined to be needed by the Mayor and City Commission (collectively, the
3
Miami; Document #: 6080v3
392
"Commission") of the City of Miami Beach, Florida (the "City") under Section 4 of the Health
Act; and
WHEREAS, the Authority is also a "local agency" as defined in Section 3 of the Florida
Industrial Development Financing Act, being Chapter 69-104, Laws of Florida, and Part II of
Chapter 159 of the Florida Statutes, as amended (the "Industrial Act"); and
WHEREAS, the Authority is authorized pursuant to the Health Act, the Industrial Act
and, with respect to bonds the interest on which is intended on their date of issuance to be
includable in gross income for federal income tax purposes, the Taxable Bond Act of 1987,
being Chapter 87-237, Laws of Florida, and Part VII of Chapter 159 of the Florida Statutes, as
amended (together with the Health Act and the Industrial Act, the "Act"), to issue its bonds and
its refunding bonds and to loan the proceeds thereof to "health facilities" (as defined in the
Health Act) located in the City to pay the cost of certain capital projects and to refund revenue
bonds issued by the Authority for the benefit of health facilities, respectively; and
WHEREAS, Mount Sinai Medical Center of Florida, Inc., a Florida not-for-profit
corporation (the "Medical Center") is requesting the Authority to assist the Medical Center in
providing funds to be used, together with other available moneys, if any, to (i) refund and
defease a portion of the currently outstanding City of Miami Beach Health Facilities Authority
Hospital Revenue Bonds, Series 2000A (Mount Sinai Medical Center of Florida Project) (the
"Series 2000A Bonds"), previously issued as interim financing for the benefit of the Medical
Center, (ii) pay (or reimburse) the cost of undertaking certain capital improvements owned or to
be owned by the Medical Center, including funding capitalized interest for the Series 2000C
Bonds (hereinafter defined) (the "Project"), (iii) fund a deposit to a debt service reserve and (iv)
pay certain expenses in connection with the issuance of the Series 2000C Bonds, through the
4
Miami; Document #: 6080v3
393
issuance by the Authority of not to exceed $135,000,000 principal amount of City of Miami
Beach Health Facilities Authority Hospital Revenue Bonds, Series 2000C (Mount Sinai Medical
Center of Florida Project) (the "Series 2000C Bonds"); and
WHEREAS, the Medical Center is also requesting the Authority to assist the Medical
Center in providing funds to be used, together with other available moneys, if any, to (i) refund
and defease the portion of the Series 2000A Bonds not being refunded and defeased by the
issuance of the Series 2000C Bonds, (ii) fund capitalized interest for the Series 2000D Bonds
(hereinafter defined), (iii) if desirable, fund a deposit to a debt service reserve and (iv) pay
certain expenses in connection with the issuance of the Series 2000D Bonds, through the
issuance by the Authority of not to exceed $25,000,000 principal amount of City of Miami
Beach Health Facilities Authority Hospital Revenue Bonds, Series 2000D (Mount Sinai Medical
Center of Florida Project) (the "Series 2000D Bonds"), and
WHEREAS, the Medical Center is also requesting the Authority to assist the Medical
Center in providing funds to be used, together with other available moneys, if any, to (i) refund
and defease all of the currently outstanding City of Miami Beach Health Facilities Authority
Hospital Revenue Bonds, Taxable Series 2000B (Mount Sinai Medical Center of Florida Project)
(the "Series 2000B Bonds" and, together with the Series 2000A Bonds, the "Prior Bonds"),
issued as interim financing for the benefit of the Medical Center, (ii) if desirable, fund a deposit
to a debt service reserve and (iii) pay certain expenses in connection with the issuance of the
Series 2000E Bonds (hereinafter defined), through the issuance by the Authority of not to exceed
$90,000,000 principal amount of City of Miami Beach Health Facilities Authority Hospital
Revenue Bonds, Taxable Series 2000E (Mount Sinai Medical Center of Florida Project) (the
5
Miami; Document #: 6080v3
394
"Series 2000E Bonds" and, together with the Series 2000C Bonds and the Series 2000D Bonds,
the "Bonds"); and
WHEREAS, the Series 2000C Bonds will be issued under the provisions of a Trust
Indenture (the "Series 2000C Trust Indenture") to be entered into between the Authority and
SunTrust Bank, a Georgia banking corporation, as trustee (the "Bond Trustee") and the proceeds
thereof will be loaned to the Medical Center and their repayment secured by a Loan Agreement
(the "Series 2000C Loan Agreement") to be entered into between the Authority and the Medical
Center; and
WHEREAS, the Series 2000D Bonds will be issued under the provisions of a Trust
Indenture (the "Series 2000D Trust Indenture") to be entered into between the Authority and the
Bond Trustee and the proceeds thereof will be loaned to the Medical Center and their repayment
secured by a Loan Agreement (the "Series 2000D Loan Agreement") to be entered into between
the Authority and the Medical Center; and
WHEREAS, the Series 2000E Bonds will be issued under the provisions of a Trust
Indenture (the "Series 2000E Trust Indenture" and, together with the Series 2000C Trust
Indenture and the Series 2000D Trust Indenture, the "Trust Indentures") to be entered into
between the Authority and the Bond Trustee and the proceeds thereof will be loaned to the
Medical Center and their repayment secured by a Loan Agreement (the "Series 2000E Loan
Agreement' and, together with the Series 2000C Loan Agreement and the Series 2000D Loan
Agreement, the "Loan Agreements") to be entered into between the Authority and the Medical
Center; and
WHEREAS, the Medical Center has previously entered into an Amended and Restated
Master Trust Indenture (as amended, the "Master Indenture") with SunTrust Bank, Central
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395
Florida, National Association, now SunTrust Bank, a Georgia banking corporation, successor by
merger, as master trustee (the "Master Trustee"), under which the Medical Center and certain
other affiliated entities which may be included therein in the future are jointly and severally
liable for the payment of obligations outstanding thereunder; and
WHEREAS, in connection with the issuance of the Series 2000C Bonds by the Authority
and the loan of the proceeds thereof to the Medical Center, the Medical Center will enter into a
Supplemental Master Trust Indenture for Obligation No. 5 ("Supplemental Indenture No. 6")
with the Master Trustee, supplementing and amending the Master Indenture, pursuant to which
Obligation No. 5 ("Obligation No. 5") will be issued securing the obligation of the Medical
Center to make payments under the Series 2000C Loan Agreement in respect of the Series
2000C Bonds; and
WHEREAS, in connection with the issuance of the Series 2000D Bonds by the Authority
and the loan of the proceeds thereof to the Medical Center, the Medical Center will enter into a
Supplemental Master Trust Indenture for Obligation No. 6 ("Supplemental Indenture No. 7")
with the Master Trustee, supplementing the Master Indenture, pursuant to which Obligation No.
6 ("Obligation No. 6") will be issued securing the obligation of the Medical Center to make
payments under the Series 2000D Loan Agreement in respect of the Series 2000D Bonds; and
WHEREAS, in connection with the issuance of the Series 2000E Bonds by the Authority
and the loan of the proceeds thereof to the Medical Center, the Medical Center will enter into a
Supplemental Master Trust Indenture for Obligation No. 7 (together with Supplemental
Indenture No. 6 and Supplemental Indenture No. 7, the "Supplemental Indentures") with the
Master Trustee, supplementing the Master Indenture, pursuant to which Obligation No. 7
(together with Obligation No. 5 and Obligation No. 6, the "Obligations") will be issued securing
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the obligation of the Medical Center to make payments under the Series 2000E Loan Agreement
in respect of the Series 2000E Bonds; and
WHEREAS, Mount Sinai Medical Center Foundation, Inc., a Florida not-for-profit
corporation (the "Guarantor"), will guarantee to the Bond Trustee the payment of the principal
of, redemption premium, if any, and interest on the Bonds, all as more specifically set forth in an
Amended and Restated Guaranty and Security Agreement (the "Restated Guaranty Agreement")
to be entered into between the Guarantor and the Bond Trustee; and
WHEREAS, as security for the Obligations and any other obligations outstanding under
the Master Indenture from time to time, but subject to release in accordance with its terms, the
Medical Center has previously delivered to the Master Trustee, a Fee and Leasehold Mortgage,
Assignment and Security Agreement, which will be amended in connection with the issuance of
the Obligations (as amended, the "Mortgage" and, together with the Master Indenture, the
Supplemental Indentures, the Obligations and the Restated Guaranty Agreement, the "Security
Documents"); and
WHEREAS, on this date, the Authority held a public hearing in accordance with Section
147(f) of the Internal Revenue Code of 1986, as amended, for which there was reasonable public
notice published on October 23, 2000 in The Miami Herald, for the purpose of giving all
interested persons an opportunity to express their views, either orally or in writing, or both, on
the proposed issuance of the Series 2000C Bonds and the Series 2000D Bonds; and
WHEREAS, the Authority desires to authorize the issuance of the Bonds for the above
described purposes and to recommend for approval to the Commission the issuance of the
Bonds; and
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WHEREAS, the Authority further desires to authorize the sale of the Bonds through a
negotiated sale to Merrill Lynch, Pierce, Fenner & Smith Incorporated (the "Underwriter"), since
the Medical Center has requested such negotiated sale and since it appears to the Authority, for
the reasons hereinafter set forth, that a negotiated sale of the Bonds rather than a public sale by
competitive bid, is in the best interests of the Authority and the Medical Center.
NOW THEREFORE, Be It Resolved by the City of Miami Beach Health Facilities
Authority as follows:
Section 1. Findings. The Authority hereby finds and determines that:
(1) The Medical Center is a "health facility" within the meaning of Section 154.205(8)
of the Health Act and a "health care facility" within the meaning of section 159.27(16) of the
Industrial Act.
(2) The Project constitutes a "project", within the meaning of Section 154.205(10) of
the Health Act and Section 159.27(5) of the Industrial Act, located in the City.
(3) Pursuant to Sections 154.209(10), 154.209(13), 154.219 and 154.235 of the Health
Act and Sections 159.28(7), 159.34 and 159.41 of the Industrial Act, the Authority is authorized
and empowered to issue the Bonds for the purposes described herein.
(4) The issuance of the Bonds by the Authority for the purposes described herein will
serve a valid public purpose by advancing the commerce, welfare and prosperity of the City and
its people.
(5) The Authority and the City are each a "local agency" as defined in Section
159.27(4) of the Industrial Act.
(6) As required by Section 159.29(1) of the Industrial Act, the Project is appropriate to
the needs and circumstances of, and shall make a significant contribution to the economic growth
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of, the local agency in which it is located and shall serve a public purpose by advancing the
public health of the State of Florida and its people.
(7) As required by Section 159.29(2) of the Industrial Act, the Authority has
determined that the Medical Center is a financially responsible corporation fully capable and
willing to fulfill its obligations under the Loan Agreements, including the obligation to make
payments in the amounts and at the times required to pay the principal of, premium, if any, and
interest on the Bonds and other payments required under the Loan Agreements, to operate, repair
and maintain at its own expense the Project and to serve the purposes of the Industrial Act and
such other responsibilities as are imposed under the Loan Agreements.
(8) As required by Section 159.29(3) of the Industrial Act, the City, as the local
agency in which the Project will be located, will be able to cope satisfactorily with the impact of
the Project, and will be able to provide, or cause to be provided when needed, the public
facilities, including utilities and public services, that will be necessary for the construction,
operation, repair and maintenance of the Project and on account of any increases in population or
other circumstances resulting therefrom.
(9) As required by Section 159.29(4) of the Industrial Act, adequate provision shall be
made in the Loan Agreements for the operation, repair and maintenance of the Project at the
expense of the Medical Center, and for the payment of the principal of, premium, if any, and
interest on the Bonds.
(10) As required by Section 159.29(5) of the Industrial Act, the costs of the Project to
be paid from the proceeds of the Series 2000C Bonds shall be "costs" of a "project" within the
meaning of Sections 159.27(2) and 159.27(5), respectively, of the Industrial Act.
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(11) The Medical Center has advised the Authority that no certificates of need from the
Florida Agency for Health Care Administration are required with respect to the Project.
(12) Review and comment from the Health Council of South Florida, Inc. (the "Health
Council") as to the issuance of the Bonds for the purpose of refunding the Prior Bonds was
requested and the Health Council has advised that it has no material concerns with respect
thereto.
(13) Pursuant to Section 218.385 of the Florida Statutes, as amended, the sale of the
Bonds through a negotiated sale rather than a public sale by competitive bid is in the best
interests of the Authority and the Medical Center, and the Authority hereby further finds and
determines that the following reasons necessitate such negotiated sale of the Bonds:
(a) Bonds issued by public bodies for the benefit of not-for-profit hospitals such
as the Medical Center ("health care bonds") generally involve specialized situations and
transactions which need detailed analysis, structuring and explanation throughout the
course of the issue by sophisticated financial advisors, investment bankers and similar
parties, such as the Underwriter, experienced in the structuring of issues of health care
bonds (hereinafter referred to as "health care investment bankers"), much of which would
not generally be available on a timely basis from the underwriter of health care bonds
issued pursuant to a public competitive sale.
(b) Health care bond issues generally involve a rather detailed and often
complicated explanation to potential investors of the structure of the issue, the nature of
the underlying obligor and the impact upon each of the foregoing of Federal and state
health care regulations, including Medicare and Medicaid practices and procedures, and
the assistance of a health care investment banker in preparing necessary offering
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memoranda, official statements and related information is extremely desirable from the
standpoint of the obligor involved in the issue and from the standpoint of the public body
issuing the health care bonds in ensuring full and accurate disclosure of all relevant
information.
(c) For the foregoing and related reasons, most of the health care bonds
heretofore issued throughout the United States have involved participation throughout the
structuring and offering process of health care investment bankers who have purchased or
arranged for the purchase of the health care bonds through a negotiated sale rather than
through a public sale by competitive bid; accordingly, the market may well be more
receptive to an issue of health care bonds placed and sold on a negotiated basis than to
one sold by competitive public sale.
(d) Finally, the market for health care bonds such as the Bonds is volatile,
making the presence of the Underwriter, who has participated and will participate in the
structuring of the Bond issue, desirable in attempting to obtain the most attractive
financing for the Authority and the Medical Center.
Section 2. Authorization of the Bonds. There is hereby authorized the issuance, under
and pursuant to the Series 2000C Trust Indenture, of the Series 2000C Bonds, to be designated as
"City of Miami Beach Health Facilities Authority Hospital Revenue Bonds, Series 2000C
(Mount Sinai Medical Center of Florida Project)", in an aggregate principal amount not
exceeding $135,000,000, and the loan of the proceeds thereof to the Medical Center to (i) refund
and defease a portion of the Series 2000A Bonds, (ii) pay (or reimburse) the cost of the Project,
(iii) fund a deposit to a debt service reserve and (iv) finance costs of issuance thereof, including
fiscal, legal, and other incidental costs and charges.
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There is hereby authorized the issuance, under and pursuant to the Series 2000D Trust
Indenture, of the Series 2000D Bonds, to be designated as "City of Miami Beach Health
Facilities Authority Hospital Revenue Bonds, Series 2000D (Mount Sinai Medical Center of
Florida Project)", in an aggregate principal amount not exceeding $25,000,000, and the loan of
the proceeds thereof to the Medical Center to (i) refund the portion of the Series 2000A Bonds
not being refunded and defeased by the issuance of the Series 2000C Bonds, (ii) fund capitalized
interest for the Series 2000D Bonds, (iii) if desirable, fund a deposit to a debt service reserve and
(iv) finance costs of issuance thereof, including fiscal, legal, and other incidental costs and
charges.
There is hereby authorized the issuance, under and pursuant to the Series 2000E Trust
Indenture, of the Series 2000E Bonds, to be designated as "City of Miami Beach Health
Facilities Authority Hospital Revenue Bonds, Taxable Series 2000E (Mount Sinai Medical
Center of Florida Project)", in an aggregate principal amount not exceeding $90,000,000, and the
loan of the proceeds thereof to the Medical Center to (i) refund and defease the Series 2000B
Bonds, (ii) if desirable, fund a deposit to a debt service reserve and (iii) finance costs of issuance
of the Series 2000E Bonds, including fiscal, legal and other incidental costs and charges.
Notwithstanding the foregoing, (i) to the extent that the Bonds are issued after December
31, 2000, the series designations for the Bonds set forth above may be changed as shall be
approved by the Chairman of the Authority, or in his absence, the Vice Chairman of the
Authority, and (ii) the Bonds may be issued for all or such portions of the purposes set forth
above as shall be determined by the Medical Center and approved by the Chairman of the
Authority, or in his absence, the Vice Chairman of the Authority.
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The principal of, premium, if any, and interest on the Bonds shall not be deemed to
constitute a debt, liability or obligation of the City or of the State of Florida or of any political
subdivision thereof, but shall be payable solely from the sources pledged therefor under the Trust
Indentures and neither the faith and credit nor any taxing power of the City or of the State of
Florida or of any political subdivision thereof is pledged to the payment of the principal of,
premium, if any, or interest on the Bonds.
Section 3. Terms of the Bonds. The Bonds shall be payable as to principal and interest
in lawful money of the United States of America in accordance with the provisions of the Trust
Indentures, and shall be issued only as fully registered bonds without coupons. The Bonds shall
be initially issued in book-entry-only form through The Depository Trust Company, New York,
New York ("DTC") and shall be registered in the name of Cede & Co. The Chairman of the
Authority or, in his absence, the Vice Chairman of the Authority is hereby authorized on behalf
of the Authority to approve, subject to the limitations contained herein, the final terms of the
Bonds, which approval will be evidenced by the execution of the Bond Purchase Contracts
(hereinafter defined) on behalf of the Authority as provided herein.
The aggregate principal amount of the Series 2000C Bonds shall not exceed
$135,000,000; the interest rates on the Series 2000C Bonds shall not exceed 10% per annum; the
final maturity of the Series 2000C Bonds shall not exceed thirty-five (35) years; and the Series
2000C Bonds may be issued as serial and/or term bonds and may be subject to optional and
mandatory redemptions as shall be provided in the Series 2000C Trust Indenture. The Series
2000C Bonds shall be initially dated such date as shall be approved by the Chairman, or in his
absence, the Vice Chairman, and shall be executed on behalf of the Authority with the official
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403
manual or facsimile signature of its Chairman or, in his absence, its Vice Chairman and attested
with the official manual or facsimile signature of a Designated Member (as hereinafter defined).
The aggregate principal amount of the Series 2000D Bonds shall not exceed $25,000,000;
the interest rates on the Series 2000D Bonds shall not exceed 10% per annum; the final maturity
of the Series 2000D Bonds shall not exceed thirty-five (35) years; and the Series 2000D Bonds
may be issued as serial and/or term bonds and may be subject to optional and mandatory
redemptions and tenders for purchase as shall be provided in the Series 2000D Trust Indenture.
The Series 2000D Bonds shall be initially dated such date as shall be approved by the Chairman,
or in his absence, the Vice Chairman, and shall be executed on behalf of the Authority with the
official manual or facsimile signature of its Chairman or, in his absence, its Vice Chairman and
attested with the official manual or facsimile signature of a Designated Member.
The aggregate principal amount of the Series 2000E Bonds shall not exceed $90,000,000;
the interest rates on the Series 2000E Bonds shall not exceed 20% per annum; the final maturity
of the Series 2000E Bonds shall not exceed thirty-five (35) years; and the Series 2000E Bonds
may be issued as serial and/or term bonds and may be subject to optional and mandatory
redemptions and tenders for purchase as shall be provided in the Series 2000E Trust Indenture.
The Series 2000E Bonds shall be initially dated such date as shall be approved by the Chairman,
or in his absence, the Vice Chairman, and shall be executed on behalf of the Authority with the
official manual or facsimile signature of its Chairman or, in his absence, its Vice Chairman and
attested with the official manual or facsimile signature of a Designated Member.
Section 4. Designation of Attesting Members. The members of the Authority, other
than the Chairman or Vice Chairman to the extent the Chairman or Vice Chairman execute the
documents described herein, (individually a "Designated Member"), are each hereby designated
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404
and authorized on behalf of the Authority to attest to the seal of the Authority and to the
signature of the Chairman or Vice Chairman of the Authority as they appear on the Bonds, the
Trust Indentures, the Loan Agreements and any other documents which may be necessary or
helpful in connection with the issuance and delivery of the Bonds and in connection with the
application of the proceeds thereof.
Section 5. Authorization of Execution and Delivery of Trust Indentures. The Authority
does hereby authorize and approve the execution by the Chairman or Vice Chairman and a
Designated Member of the Authority and the delivery of the Trust Indentures. The Trust
Indentures shall be in substantially the forms thereof attached hereto and marked Exhibit A and
hereby approved, with such changes therein as shall be approved by the Chairman or Vice
Chairman executing the same, with such execution to constitute conclusive evidence of such
officer's approval and the Authority's approval of any changes therein from the forms of Trust
Indentures attached hereto.
Section 6. Authorization of Execution and Delivery of Loan Agreements. The
Authority does hereby authorize and approve the execution by the Chairman or Vice Chairman
and a Designated Member of the Authority and the delivery of the Loan Agreements. The Loan
Agreements shall be in substantially the forms thereof attached hereto and marked Exhibit B and
hereby approved, with such changes therein as shall be approved by the Chairman or Vice
Chairman executing the same, with such execution to constitute conclusive evidence of such
officer's approval and the Authority's approval of any changes therein from the forms of Loan
Agreements attached hereto.
Section 7. Approval of Certain Security Documents. The Authority does hereby
approve the forms of Supplemental Indentures, Obligations and Restated Guaranty Agreement.
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405
The Supplemental Indentures, the Obligations and the Restated Guaranty Agreement shall be in
substantially the forms attached hereto and marked Exhibits C, D and E, respectively, and hereby
approved, with such changes therein as shall be approved by the Chairman or Vice Chairman,
with the execution of the Trust Indentures by such officer to constitute conclusive evidence of
such officer's approval and the Authority's approval of any changes therein.
Section 8. Authorization of Execution and Delivery of Escrow Deposit Agreements.
The Authority does hereby authorize and approve the execution by the Chairman or Vice
Chairman and a Designated Member of the Authority and the delivery of (i) an Escrow Deposit
Agreement with respect to the refunding and defeasance of the Series 2000A Bonds (the "Series
2000A Escrow Deposit Agreement") among the Authority, the Medical Center and the trustee
for the Series 2000A Bonds and (ii) an Escrow Deposit Agreement with respect to the refunding
and defeasance of the Series 2000B Bonds (together with the Series 2000A Escrow Deposit
Agreement, the "Escrow Deposit Agreements") among the Authority, the Medical Center and the
trustee for the Series 2000B Bonds. The Escrow Deposit Agreements shall be in substantially
the forms attached hereto and marked Exhibit F and hereby approved, with such changes therein
as shall be approved by the Chairman or Vice Chairman executing the same, with such execution
to constitute conclusive evidence of such officer's approval and the Authority's approval of any
changes therein from the forms of the Escrow Deposit Agreements attached hereto.
Section 9. Purchase of Government Obligations. In order to provide for the refunding
and defeasance of the Prior Bonds, the Authority does hereby authorize the purchase of
government obligations to be deposited under the Escrow Deposit Agreements and the Chairman
or Vice Chairman of the Authority and/or the trustee for the Prior Bonds are hereby authorized to
execute any necessary subscription forms for such purchase of government obligations.
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406
Section 10. Application of Bond Proceeds. The proceeds of the Bonds shall be applied,
together with certain other available moneys, if any, as shall be provided in the Trust Indentures,
the Loan Agreements and the Escrow Deposit Agreements.
Section 11. Authorization of Negotiated Sale. Pursuant to the findings in Section 1
hereof, the Authority does hereby authorize and approve the sale of the Bonds through a
negotiated sale rather than a public sale by competitive bid.
Section 12. Authorization of Execution and Delivery of Purchase Contracts. The sale of
the Bonds to the Underwriter at an aggregate purchase price reflecting an Underwriter's discount
not to exceed 2% of the aggregate principal amount of the Bonds, in accordance with (i) a
Purchase Contract with respect to the Series 2000C Bonds (the "Series 2000C Purchase
Contract") among the Authority, the Medical Center and the Underwriter, (ii) a Purchase
Contract with respect to the Series 2000D Bonds (the "Series 2000D Purchase Contract") among
the Authority, the Medical Center and the Underwriter, and (iii) a Purchase Contract with respect
to the Series 2000E Bonds (together with the Series 2000C Purchase Contract and the Series
2000D Purchase Contract, the "Purchase Contracts") among the Authority, the Medical Center
and the Underwriter, is hereby in all respects authorized and approved. The Authority does
hereby authorize and approve the execution and delivery of the Purchase Contracts on behalf of
the Authority by its Chairman or Vice Chairman and such Purchase Contracts shall be in
substantially the forms thereof attached hereto and marked Exhibit G and hereby approved, with
such changes as shall be necessary and appropriate to reflect the final terms of the sale of the
Bonds by the Authority and such further changes therein as shall be approved by the Chairman
or Vice Chairman executing the same, with such execution of the Purchase Contracts to
constitute conclusive evidence of the award to the Underwriter of the Bonds to which each of
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407
such Purchase Contracts relate and of such officer's approval and the Authority's approval -of
any changes therein from the forms of Purchase Contracts attached hereto; provided that the
Purchase Contracts shall comply with the provisions of this resolution and that the final terms of
the Bonds contained in the Purchase Contracts shall be within the parameters established in this
resolution. Prior to the execution of each of the Purchase Contracts by the Authority, the
Authority must be presented with a disclosure statement prepared by the Underwriter in
compliance with Section 218.385, Florida Statutes, which disclosure statement shall be filed in
the records of the Authority.
Section 13. Appointment of Bond Trustee and Bond Registrar. SunTrust Bank,
National Association, Orlando, Florida, is hereby appointed the Bond Trustee and bond registrar
(the "Bond Registrar") under the Trust Indentures.
Section 14. Approval of Preliminary Official Statements. The Authority hereby
approves (i) the Preliminary Official Statement of the Authority and the Medical Center relating
to the Series 2000C Bonds (the "Series 2000C Preliminary Official Statement") and (ii) the
Preliminary Official Statement of the Authority and the Medical Center relating to the Series
2000D Bonds (the "Series 2000D Preliminary Official Statement" and, together with the Series
2000C Preliminary Official Statement, the "Preliminary Official Statements"), in substantially
the forms attached hereto and marked Exhibit H, with such changes and supplements thereto as
shall be necessary and appropriate to reflect the expected terms of the Bonds to which they relate
and to ensure accurate disclosure of all relevant information, and their use by the Underwriter in
connection with the offering and sale of the Bonds is hereby in all respects approved. The
Chairman or the Vice Chairman of the Authority is hereby authorized to make any necessary
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408
findings and deliver any required certifications with respect to the Preliminary Official
Statements as required under the Securities and Exchange Commission Rule 15c2-12.
Section 15. Approval and Authorization of Official Statements. The Authority hereby
approves (i) the Official Statement of the Authority and the Medical Center relating to the Series
2000C Bonds (the "Series 2000C Official Statement") in substantially the form of the Series
2000C Preliminary Official Statement attached and marked Exhibit H, (ii) the Official Statement
of the Authority and the Medical Center relating to the Series 2000D Bonds (the "Series 2000D
Official Statement") in substantially the form of the Series 2000D Preliminary Official Statement
attached hereto and marked Exhibit H, and (iii) the Official Statement (including any
supplements thereto) of the Authority and the Medical Center relating to the Series 2000E Bonds
(together with the Series 2000C Official Statement and the Series 2000D Official Statement, the
"Official Statements"), in substantially the form attached hereto and marked Exhibit I, in each
case with such changes and supplements thereto as shall be necessary and appropriate to reflect
the final terms of the Bonds to which they relate and to ensure accurate disclosure of all relevant
information, and their use by the Underwriter in connection with the offering and sale of the
Bonds is hereby in all respects approved.
The Chairman or Vice Chairman is hereby authorized to execute and deliver the Official
Statements, such execution to be conclusive evidence of such officer's approval and the
Authority's approval of any changes therein from, and supplements to, the forms of Official
Statements attached hereto.
Section 16. Delivery of the Bonds. Upon the execution of the Bonds in accordance with
the provisions of the Trust Indentures, the Chairman or the Vice Chairman shall deposit the same
with the Bond Registrar for authentication and delivery upon the order of the Underwriter. The
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409
Bond Registrar is hereby requested to authenticate and deliver the Bonds in accordance with the
Trust Indentures.
Section 17. Authorization of Execution and Delivery of Certain Additional Documents.
The Authority does hereby authorize the subsequent execution and delivery of such additional
documents as may be required in connection with the issuance and sale of the Bonds and the
application of the proceeds thereof, in such form or forms and with such party or parties as shall
be approved by the Chairman or Vice Chairman, including, without limitation, a letter of
representations from the Authority to DTC.
Section 18. Authorization and Ratification of Subsequent Acts. The members, officers,
agents and employees of the Authority are hereby authorized and directed to do all such acts and
things and to execute all such documents, including, without limitation, the execution and
delivery of any closing documents, as may be necessary to carry out and comply with the
provisions of this resolution, the documents attached hereto as Exhibits A through I, respectively,
and any documents executed and delivered pursuant to Section 17 hereof, and all of the acts and
doings of such members, officers, agents and employees of the Authority which are in
conformity with the intent and purposes of this resolution, whether heretofore or hereafter taken
or done, shall be and are hereby ratified, confirmed and approved.
Section 19. Recommendation to the City of Miami Beach, Florida. Having conducted a
public hearing on this date pursuant to the provisions of Section 147(f) of the Internal Revenue
Code of 1986, as amended, for the purpose of giving all interested persons an opportunity to
express their views, either orally or in writing, or both, on the proposed issuance of the Series
2000C Bonds and the Series 2000D Bonds, for which hearing reasonable public notice was
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410
given, the Authority hereby recommends that the Commission approve the issuance of the
Bonds.
Section 20. Severability. If any section, paragraph, clause or provision of this resolution
shall be held to be invalid or ineffective for any reason, the remainder of this resolution shall
continue in full force and effect, it being expressly hereby found and declared that the remainder
of this resolution would have been adopted despite the invalidity or ineffectiveness of such
section, paragraph, clause or provision.
Section 21. Effective Date. This resolution shall take effect immediately upon its
adoption, and any provisions of any previous resolutions in conflict with the provisions herein
are hereby superseded.
Adopted this 7th day of November, 2000.
(SEAL)
ATTEST:
Chairman
Member
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411
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE )
We, the undersigned, do hereby certify that we are duly qualified and acting Members of
the City of Miami Beach Health Facilities Authority (the "Authority").
We further certify according to the, official records of the Authority in our possession that
the above and foregoing constitutes a true and correct excerpt from the minutes of the meeting of
the Authority held on November 7, 2000, including a resolution adopted at said meeting, insofar
as said minutes pertain to the matters above set out.
We further certify that the ayes and nays taken on the passage of said resolution have
been or will immediately be entered on the minutes of the Authority and that provision has been
made for the preservation and indexing of said resolution, which is open for inspection by the
public at all reasonable times at the office of the Finance Director in the City of Miami Beach,
Florida.
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412
IN WITNESS WHEREOF, we have hereunto set our hands and affixed the official seal
of the Authority this 7th day of November, 2000.
Chairman
Vice Chairman
Member
Member
[SEAL]
SUBSCRIBED AND SWORN to before me, a Notary Public in the State and County
aforesaid, this 7th day of November, 2000.
Notary Public
My Commission expires:
[Notarial Seal]
Miami; Document 6080v3
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413
EXHIBITS A THROUGH I ON FILE WITH THE AUTHORITY
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415
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci. miami-beach.fl. us
COMMISSION MEMORANDUM NO. g-C(C) °°
TO: Mayor Neisen 0. Kasdin and
DATE: November 8, 2000
Members of the City Commission
FROM: Jorge M. Gonzalez
City Manager
SUBJECT: A RESOLUTION AUTHORIZING THE AWARD OF A CHANGE ORDER
INCREASE IN THE AMOUNT OF $40,250 TO METCALF & EDDY, INC.,
FOR THE PROFESSIONAL ENGINEERING SERVICES REQUIRED TO
OBTAIN THE PERMITS FOR THE REQUIRED ENVIRONMENTAL
IMPROVEMENTS TO THE COMMUNITY TRASH AND RECYCLING
CENTER.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding is available from the FY 00/01 General Fund Operating Contingency.
BACKGROUND
In the early 1930's, the City developed a solid waste management facility in an enclave within the
grounds of the Bayshore Golf Course at 28th Street and North Meridian Avenue. The Site was
designated as a local disposal facility for residents, landscapers and contractors to dispose of yard
trash, home repair and remodeling trash, bulky trash items (furniture, mattresses, etc.) and white
goods (appliances). The Site has also been used by the City for temporary storage of trash collected
by City crews (Parks, Sanitation, Property Management & Public Works Departments) while
performing routine maintenance of City facilities, parks and right-of-ways.
Physical improvements to the site have been minimal. The site consists of a partially paved lot with
chain-link perimeter fence and a partially landscaped berm along the northern and western
boundaries. Trash brought to the site was dumped to the ground and stored in piles, prior to being
loaded into trucks for transportation to the landfill.
AGENDA ITEM Oc-T -
DATE 416
Over the years, environmental agency regulations have been established to control solid waste
facilities and as a result, the City has had to modify the facility operations accordingly (ie; prohibiting
waste discharges to ground and providing containers for waste accumulation).
However, the regulations have progressed to the point where the Miami-Dade County Department
of Environmental Resources Management (DERM) will no longer allow the City to continue
operating the facility without instituting new environmental controls to retain stormwater and to
prevent potential impacts to the groundwater. The DERM is also requiring that the City obtain a
Solid Waste Management Facility Permit in conjunction with the environmental improvements to the
facility. The Administration has initiated the planning process for the required facility renovations.
The required modernization of the facility will include improved access, improved drainage, a
leachate control system, a material sorting deck and an equipment staging area. Since these regulatory
agency requirements have coincided with the City's planned renovation of the adjacent golf course,
and to further reduce the potential for negative impacts to nearby residents, the Administration has
restructured the facility operations to improve the quality of services provided and is evaluating other
potential enhancements to further buffer the facility from the surrounding neighborhood.
It is not the City's intent to increase the overall volume of material processed through the facility or
the industrial nature of the facility. Instead, the intent is to maximize the compatibility of the facility,
increase the quality of the services provided, and to minimize the costs to our residents.
In order to prevent the loss of the use of the existing facility until the facility renovations are
completed, the City has entered into an Interlocal Agreement with Miami-Dade County which
established a strict timeline for completion of the facility and allows for continued interim facility
operations.
REVIEW OF EXISTING FACILITY CONDITIONS:
The facility is located on a 2.7 acre parcel of land adjacent to the Bayshore Golf Course maintenance
facility near the intersection of Meridian Avenue and 28th Street. The view of the facility from both
Meridian Avenue and 28th Street is completely obscured by existing landscaping (See photographs
below).
View of facility from Meridian Avenue View of facility from 28th Street
417
Entrance Gate
View of waste drop-off and storage area
On-going Waste Drop-off
A*115k4ItiA
Facility View: Rear to Front
The entrance gate to the facility is situated approximately 150 feet northwest of the intersection of
Meridian Avenue and 28th Street. The waste drop-off and storage area is located approximately 450
feet northwest of the entrance gate (See photographs below).
418
REVIEW OF EXISTING FACILITY OPERATIONS:
The Community Trash and Recycling Center is open to Miami Beach residents, landscape contractors
working within Miami Beach, and City vehicles, for the disposal of approved waste materials, from
7:00 am until 5:00 pm, Monday through Saturday, excluding holidays.
The approved solid waste materials accepted for disposal at the facility include landscaping wastes,
home repair and remodeling trash, bulky trash items and white goods. Wastes delivered to the site
are dropped directly into designated waste accumulation containers. The facility is equipped with one
100 cubic yard trailer for the accumulation of clean yard trash and two 20 cubic yard roll-off
containers for the accumulation of mixed wastes. An additional 20 cubic yard container is present
for the accumulation of white goods.
Waste accumulation containers are transported to the disposal facility when they are full. An empty
container is dropped off at the site with each full container pick-up.
The facility is currently receiving an average of 10 cubic yards of mixed waste and twenty cubic yards
of clean yard trash each day. This rate of waste accumulation results in three mixed waste container
and one landscape waste container pick-ups each week, or four large vehicle trips per week. These
are the only large vehicle trips that are authorized; no other large vehicles are permitted to utilize the
facility.
The volume of material disposed of at the facility corresponds to an average of about 6 landscape
contractors, 12 residents and 6 City vehicles per day utilizing the facility. The hours of usage are
distributed throughout the workday however, it should be noted that there is sufficient space within
the facility to receive all 24 vehicles at one time, within the gates of the facility. There is no vehicle
cueing on Meridian Avenue or 28th Street associated with the facility.
The volume of City-generated trash delivered to the facility will increase over the coming year
because the Agreement the City entered into with the commercial garbage franchisees, that provides
for no-cost dumpster collection services at the City's Landscape Maintenance, Sanitation and Public
Works facilities will expire in 2001, and because the construction of the expanded Public Works
Operations and Landscape Maintenance Division facilities will eliminate the required space for
staging of those dumpsters.
REVIEW OF OPTIONS FOR FUTURE FACILITY OPERATIONS:
At the request of the Mayor and City Commission and the Neighborhoods Committee, the
Administration conducted a survey of other Miami-Dade County municipalities to determine how
they satisfy the bulk wastes disposal needs of their jurisdictions and the costs associated with their
methodologies. The results of the survey are presented in the table below:
419
Bulk Waste Collection Services Provided
Weekly curbside bulk collection.
Village provides free access to drop-off center
and monthly curbside bulk collection.
City provides free access to drop-off center and
weekly curbside bulk collection.
Weekly curbside bulk collection.
City provides free access to drop-off center and
curbside bulk collection once/year/household.
Weekly curbside bulk collection.
City provides free access to a dumpster for the
disposal of clean yard trash only. City, residents,
and contractors must use County facility at NW
586 Street and. Palmetto Expressway for bulk
waste disposal.
Daily curbside bulk collection for residents and
Town utilizes the County's 58th Street facility
for bulk waste disposal.
City provides free access to drop-off center and
on-call curbside bulk waste collection, four
times/year/household.
Cost of Service
$8(ctibiC yard =for bulk
trash .k collection and
$5.09/Ycar santtatiop fee.
S22p/year fee,
$34$/ye#r
$37$/ye-ar-sanitatiOn fee.
No.t avoila4le
Not avOlaPle
$370/year:sat,ita'tiOtt
Comments
Residents also have ready access
to County drop-off facilities.
Residents also have ready access
to County drop-off facilities.
Residents also have ready access
to County drop-off facilities.
Municipality
Coral (in.1)1'Qs
.NO:ftti Miaiiii
411):41'
Towtt,of.Sti,rfside
City,of.;14.*CcBeach
BULK TRASH DISPOSAL SURVEY
The Administration also re-examined earlier investigations into the feasibility of relocating the
Community Trash and Recycling Center to an alternate location within Miami Beach and elsewhere
in Miami-Dade County. Potential sites that were considered include Terminal Island, an FDOT
easement area on the Julia Tuttle Causeway, North Shore Open Space Park and the Par 3 Golf Course.
Based on the evaluation of those properties and facility development requirements in general, it has
been determined that there are no other sites within the City's jurisdictional limits which may be
developed as a Community Trash and Recycling Center because of restrictions in the Florida Statutes
governing waste management facilities, South Florida Building Code, Miami-Dade County
Administrative Code and City of Miami Beach zoning.
Relocation of the facility to an appropriate area outside of the City of Miami Beach has also been
determined to be infeasible due to operational and financial constraints. Many of the same code and
statutory restrictions which prohibit the development of an alternate facility location within the City,
would also restrict the development of an alternate facility to one of the industrial zoned districts else
where in Miami-Dade County. If the operation was relocated from its existing central location within
Miami Beach, to an industrial area across the causeway, City crews and other users would be forced
to drive more than thirty miles round trip with each trash load. This would result in unacceptably
higher operating costs, loss of productivity due to increased time-in-motion and increased liabilities
associated with the increased City vehicle highway miles traveled. Acquisition of the land necessary
for development of a new facility has been estimated to range between $500,000 - $750,000 and
development costs for a new facility have been estimated between $1,500,000 and $2,000,000.
420
The three viable options for the future utilization of the facility, identified by the Administration, are
presented below:
Option #1: Elimination of the Community Trash & Recycling Center
If the City Commission so decides, the Community Trash and Recycling Center facility could be
eliminated. This could be accomplished through the development of alternate procedures for the
delivery of the bulk wastes generated by the City to one of the County operated Trash Transfer
Stations and by providing additional curbside bulk trash collection services to accommodate needs
the residents and their landscapers have for bulk trash disposal. The transportation of City-generated
trash to a County facility will require the acquisition of additional trucks and hiring of additional
heavy equipment operators. As a result of the change, the City will also incur an additional $17/ton
in tipping fees and increased vehicle operation and maintenance costs.
Closing the facility to residents and their landscape contractors will generate an additional 200 - 250
curbside bulk trash collection requests per week. Since residents cannot reasonably be expected to
retain landscaping wastes and bulk trash within their properties for more than a few days, weekly
curbside collections services will have to be provided to prevent the citywide accumulation of
curbside trash piles and increased instances of illegal dumping.
Closing the facility would also necessitate the need to remove the existing site improvements and
restore the site. Incorporation of the acreage into the adjacent golf course would cost in the order of
$200,000. The cost to redevelop the site for an alternative City purpose will vary depending upon the
alternate use selected.
The cost to City residents for implementation of Option #1 would be:
1. Weekly curbside bulk trash collection services: $873,630
($11.42/household/month x 6,375 households x 12 months)
2. Increased tipping fee costs for disposal of City bulk wastes: $574,600
(33,800 tons/yr x $17.25/ton increased cost/ton)
3. Demolition of improvements and site restoration: $200,000
4. Acquisition of two bulk trash trucks for waste transport: $130,000
(2 trucks x $65,000 each)
5. Annual cost for two heavy equipment operators w/ benefits: $80,000
(2 operators x $40,000 each)
6. Annual increase in vehicle operations and maintenance costs: $30,000
Estimated First Year Cost for implementation of Option #1: $1,888,230
Estimated Recurring Cost to Residents for Option #1: $1,566,830
Option #2: Restriction of Facility Use to City Vehicles Only:
Restricting access to the Community Trash and Recycling Center facility to City vehicles only would
reduce the total number of vehicles trips to the facility by about 75% and would reduce the volume
of material received by approximately 50%. Selection of this option would avoid the need to develop
alternate disposal procedures for City-generated bulk wastes, however additional curbside bulk trash
421
collection services will be needed to accommodate needs the residents and their landscapers have for
bulk trash disposal.
Restricting access to the facility to City vehicles and residents only was determined to be infeasible
because of the large number of curbside bulk trash collection requests that would result from on-going
landscape maintenance activities (estimated 150-200/week). Under that scenario, the City would have
to fund the renovations of the facility, provide weekly curbside collection services, and continue to
fully operate the facility.
Selection of option#2 will require the completion of the regulatory agency required environmental
improvements to the facility. Also, the installation of additional improvements to further buffer the
facility from the surrounding neighborhood is recommended.
The cost to City residents for implementation of Option #2 would be:
1. Weekly curbside bulk trash collection services: $873,630
($11.42/household/month x 6,375 households x 12 months)
2. Acquisition of stormwater and facility operations permits: $40,250
3. Architectural and engineering services for the design of the site improvements: $103,000
4. Construction of site improvements: $375,000
5. Design and Construction of Community Mitigation Measures: $250,000
Estimated First Year Cost for implementation of Option #2: $1,641,880
Estimated Recurring Cost to Residents for Option #2: $873,630
Option #3: Continuing Full Use of the Facility with Community Mitigation Improvements:
By continuing the traditional use of the Community Trash and Recycling Center facility, the City
residents would not incur the increased costs associated with the development of alternate disposal
procedures for City-generated bulk wastes or additional curbside bulk trash collection services.
Selection of this option will require the completion of the regulatory agency required environmental
improvements to the facility and installation of additional improvements to further buffer the facility
from the surrounding neighborhood.
The cost to City residents for implementation of Option #3 would be:
1. Acquisition of stormwater and facility operations permits: $40,250
2. Architectural and engineering services for the design of the site improvements: $103,000
3. Construction of site improvements: $375,000
4. Design and Construction of Community Mitigation Measures: $250,000
Estimated First Year Cost for implementation of Option #3: $768,250
Estimated Recurring Cost to Residents for Option #3: $0
422
No funding for implementation of any of the three options has yet been identified. It is recommended
that the City's Finance and Citywide Projects Committee be asked to review the Administration's
recommendation for a source of funding for implementation of whichever option the Mayor and City
Commission select.
After thorough examination of all available options and careful consideration of the potential financial
impacts to the City's residents associated with each option, the Administration has concluded that
Option #3 is clearly the best alternative for the City as a whole. Therefore, the Administration urges
the Mayor and City Commission to select Option #3 and approve the attached Resolution so that the
renovation of the Community Trash and Recycling Center may proceed without further delay and
wit time
t
,
line established by the DERM.
dh
423
RESOLUTION NUMBER
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CHANGE ORDER
INCREASE IN THE AMOUNT OF $40,250 TO METCALF & EDDY, INC., FOR THE
PROFESSIONAL ENGINEERING SERVICES REQUIRED TO OBTAIN THE
PERMITS FOR THE REQUIRED ENVIRONMENTAL IMPROVEMENTS TO THE
COMMUNITY TRASH AND RECYCLING CENTER LOCATED AT 28TH STREET
AND NORTH MERIDIAN AVENUE.
WHEREAS, since the early 1930's the City has operated a solid waste management facility
in an enclave within the grounds of the Bayshore Golf Course at 28th Street and North
Meridian Avenue (the Site); and
WHEREAS, the Site is designated as a local disposal facility for residents, landscapers
and contractors to dispose of yard trash, home repair and remodeling trash, bulky trash items
and white goods; and
WHEREAS, the Site has also been used by the City for temporary storage of trash
collected by City crews (Parks, Sanitation, Property Management & Public Works
Departments) while performing routine maintenance of City facilities, parks and right-of-ways;
and
WHEREAS, the Miami-Dade County Department of Environmental Resources
Management (DERM) has taken the position that the City can no longer continue to operate
the Site without obtaining a Solid Waste Management Facility Permit and instituting new
environmental controls to retain stormwater and to prevent potential impacts to the
groundwater from contaminated leachate from stored wastes; and
WHEREAS, to prevent the loss of the use of the Site until the renovations are
completed, the City has entered into an Interlocal Agreement with Miami-Dade County which
establishes a strict time line for completion of the Site improvements and allows for continued
interim operations; and
WHEREAS, that Interlocal Agreement requires the City to submit the completed
stormwater management and industrial facility permit applications to both the DERM and the
Florida Department of Environmental Protection no later than January 25, 2001; and
WHEREAS, failure to submit the required permit applications by the deadline will
result in the immediate closure of the Site, imposition of a $250/day penalty and severe
financial impacts to the City; and
424
WHEREAS, the engineering effort required to complete the permit applications will
require the full remaining period before the deadline; and
WHEREAS, the City engaged the environmental engineering firm of Metcalf & Eddy
to design, permit and construct similar environmental site improvements at the adjacent
Bayshore Golf Course maintenance facility; and
WHEREAS, the City desires to utilize their expertise and benefit from the economy-
of-scale cost savings opportunities presented by the combination of the two engineering
efforts; and
WHEREAS, funding, in the amount of $40,250, is available from the FY 00/01
General Fund Operating Contingency.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the award of a
Change order increase to Metcalf & Eddy, Inc., in the amount of $40,250, for the professional
engineering services required to obtain the permits for the required environmental
improvements to the community trash and recycling center located at 28th Street and North
Meridian Avenue, is hereby approved.
Passed and Adopted this 8th day of November, 2000.
MAYOR
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY CLERK
425
CITY' OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fLus
COMMISSION MEMORANDUM NO. 8S--1 -00
TO:
FROM:
Mayor Neisen 0. Kasdin and DATE: November 8, 2000
Members of the City Commission
Jorge M. Gonzalez
City Manager
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING
THE ADMINISTRATION'S SUBMISSION OF A $1 MILLION GRANT
APPLICATION TO THE STATE OF FLORIDA'S TRANSPORTATION
OUTREACH PROGRAM-2001, ADMINISTERED BY THE FLORIDA
DEPARTMENT OF TRANSPORTATION; THE APPLICATION BEING FOR
ROADWAY ENHANCEMENTS AND OPERATIONAL IMPROVEMENTS
TO THE SIXTEENTH STREET CORRIDOR, WHICH CONNECTS
AlA/COLLINS AVENUE TO SR 907/ALTON ROAD; THE TOTAL COST OF
THE PROJECT, WHICH IS LISTED IN THE MIAMI BEACH
COMPREHENSIVE PLAN, IS ESTIMATED AT $2 MILLION; STATING
THAT THE REQUIRED $1 MILLION LOCAL MATCH WOULD BE
PROVIDED BY A COMBINATION OF DEVELOPER MITIGATION
FUNDS, ROAD IMPACT FEE FUNDS, AND GENERAL OBLIGATION
BOND FUNDS DEDICATED TO THE FLAMINGO AREA
NEIGHBORHOOD IMPROVEMENTS; AND APPROPRIATING THE
GRANT FUNDS, IF AWARDED.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The State of Florida's Transportation Outreach Program-2001 (previously known as Fast-Track) is
dedicated to funding transportation projects of a high priority, based on the prevailing principles of
preserving the existing transportation infrastructure; enhancing Florida's economic growth and
competitiveness; and improving travel choices to ensure mobility. The program, administered by
the Florida Department of Transportation (FDOT), was created in 1999 utilizing funds previously
dedicated to the high-speed-rail project.
Back in 1995, the City received $2 million in State Transportation/Economic Development Road
Funds, to open 16th Street between Washington Avenue and Collins Avenue, thereby providing
direct access from Collins Avenue to Alton Road. This was accomplished as part of a public-private
EUNDiNG APP7rwFD
AGENDA ITEM
Management and Budget DATE
426
November 8, 2000
Commission Memorandum
16th Street Project Grant Application
Page 2
enterprise that brought the Loews Miami Beach Hotel to Collins Avenue, and helped further Miami
Beach's viability and vitality as a convention center and tourist destination.
The opening of the 16th Street corridor changed the character and operation of the road from that
of a " local, mixed-use road" to a "collector mixed-use road," and created additional vehicular traffic
which the street is presently ill-prepared to handle. Recognizing these obvious changes, both the
Miami Beach Municipal Mobility Plan (incorporated in the City's Comprehensive Plan), and the
General Obligation Bond Program have recognized the transformation of the corridor and have, in
response, designated 16th Street as a transportation enhancement/operational improvements priority
within the South Beach Transportation Concurrency Management Area (TCMA).
As the most viable east-west alternative to the 17th Street traffic, moving between Collins Avenue
and Alton Road, the connector role of 16th Street will continue to grow as additional hotels are
renovated. Presently, Collins Avenue from 15th Street to 26th Street boasts 4,600 hotel rooms.
Since the Loews Hotel inauguration in 1998, three (3) other hotels have opened, and six (6)
additional ones will be renovated within the next three years. Concurrently, high-end office space
is also planned for the area.
The mixed-use project for the wide 16th Street corridor, as envisioned by the City's G.O. Bond
Program and the Municipal Mobility Plan (Comprehensive Plan) involves several elements, as
follows:
The milling, repaving and striping of the street, plus replacement of sidewalks, curb/gutter.
Operational improvements to the signalization system and corridor.
Pedestrian/bicyclist amenities such as protected/paver-treated crosswalks, and bulb-outs to
allow for shorter street crossings and improved sight distance at intersections.
Traffic calming amenities such as landscaping, bulb-outs, crosswalks, median treatments, etc.
And/or possible inclusion of a bike lane to provide an east-west neighborhood connector to
the upcoming Atlantic Greenway Corridor Project, a Citywide bicycle-pedestrian facility, of
which the Beachwalk Project and Lummus Park are one of the nearest components.
The 16th Street project is estimated to cost $2 million, of which $1 million has been submitted as
a grant application to the States' Transportation Outreach Program. The filing deadline is November
8, 2000, at 5:00 p.m., in Tallahassee. If awarded (as of July 1, 2001), the grant will require a $1
million local match, which we propose to provide by utilizing a combination of Developer
Mitigation, Road Impact Fee, and G.O.Bond Program funds.
Due to the importance of 16th Street to its residents and business owners, to the Flamingo
Neighborhood, and to the hotel area of Collins Avenue, the Administration recommends approval
of th- Resolution.
J
FAWORK STRA AMELIATOPES I6STMEMO.WPD
427
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING
THE ADMINISTRATION'S SUBMISSION OF A $1 MILLION GRANT
APPLICATION TO THE STATE OF FLORIDA'S TRANSPORTATION
OUTREACH PROGRAM-2001, ADMINISTERED BY THE FLORIDA
DEPARTMENT OF TRANSPORTATION; THE APPLICATION BEING FOR
ROADWAY ENHANCEMENTS AND OPERATIONAL IMPROVEMENTS
TO THE SIXTEENTH STREET CORRIDOR, WHICH CONNECTS
AlA/COLLINS AVENUE TO SR 907/ALTON ROAD; THE TOTAL COST OF
THE PROJECT, WHICH IS LISTED IN THE MIAMI BEACH
COMPREHENSIVE PLAN, IS ESTIMATED AT $2 MILLION; STATING
THAT THE REQUIRED $1 MILLION LOCAL MATCH WOULD BE
PROVIDED BY A COMBINATION OF DEVELOPER MITIGATION
FUNDS, ROAD IMPACT FEE FUNDS, AND GENERAL OBLIGATION
BOND FUNDS DEDICATED TO THE FLAMINGO AREA
NEIGHBORHOOD IMPROVEMENTS; AND APPROPRIATING THE
GRANT FUNDS, IF AWARDED.
WHEREAS, in 1995, the City of Miami Beach received $2 million in State Transportation/
Economic Development Road Funds to open 16th Street, between Washington Avenue and Collins
Avenue, to provide direct access from AlA/Collins Avenue to SR 907/Alton Road; and
WHEREAS, this was accomplished as part of a public-private effort that brought the Loews'
Hotel to Collins Avenue, helping further Miami Beach's viability and vitality as a convention center
and tourist destination; and
WHEREAS, since the Loews' Hotel inauguration in 1998, three (3) additional hotels have
been remodeled, and six (6) similar projects will become reality within the next three years, thereby
adding hotel rooms and employment opportunities along this stretch of Collins Avenue; and
WHEREAS, the function and utilization of the wide 16th Street corridor as a through east-
west street will continue to grow in importance, as hotel density increases on Collins Avenue, and
high-end office space is added to the area; and
WHEREAS, in its present condition, the 16th Street corridor is ill-prepared to handle the
additional traffic demands; and
WHEREAS, both the Miami Beach Municipal Mobility Plan, Comprehensive Plan, and
General Obligation Bond Program have recognized the transformation of the corridor and have, in
response, designated 16th Street as a transportation enhancement/operational improvements priority
within the South Beach Transportation Concurrency Management Area (TCMA); and
WHEREAS, the multi-faceted project being planned to improve and enhance the 16th Street
corridor has been estimated to cost $2 million.
428
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission retroactively approve the Administration's submission of a $1 million grant application
to the State Transportation Outreach Program-2001, administered by the Florida Department of
Transportation; the application being for roadway enhancements and operational improvements to
the Sixteenth Street corridor, which connects A 1 A/Collins Avenue to SR 907/Alton Road; the total
cost of the project, which is listed in the Miami Beach Comprehensive Plan, is estimated at $2
million; stating that the required $1 million local match would be provided by a combination of
Developer Mitigation funds, Road Impact Fee funds, and General Obligation Bond Program funds
dedicated to Flamingo-area neighborhood improvements; and appropriating the grant funds, if
awarded.
PASSED AND APPROVED this the day of , 2000.
MAYOR
ATTEST:
CITY CLERK
FAWORK STRAUMELIA \ LOPEMI6STMEMO.WPD
APPROVED AS 10
FORM & LANGUAGE
& FOR EXECUTION
-3/--0
Dt-te
429
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. 03
DATE: November 8, 2000
TO: Mayor Neisen 0. Kasdin and
Members of the City Commission
FROM: Jorge M. Gonzalez
City Manager
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH ADOPTING A POLICY FOR THE ISSUANCE OF
DISCOUNTS AND RENT WAIVERS REQUESTED BY USERS OF THE
MIAMI BEACH CONVENTION CENTER.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
At its regular meeting of May 10, 2000, the City Commission referred to the Community Affairs
Committee the issue of rent waivers for requesting groups at the Miami Beach Convention Center
(MBCC). On June 6, the Community Affairs Committee voted to recommend that the then-current
policy of a ten percent discount availability upon approval of the Convention Center Advisory Board
be continued, and that no further waivers be available through the City Commission. On June 28,
the minutes of the Community Affairs Committee were referred to Commission. On September 27,
the Commission, however, requested the Administration to further review and present options to the
Commission for the granting of rent waivers to requesting users of the MBCC, and the guidelines
for consideration of such requests. This item was also addressed at the Convention Center Advisory
Board (CCAB) meeting of October 24, 2000. A copy of options developed by the Administration
and SMG (see attached) was presented to the CCAB for its consideration. At that time, the CCAB
recommended that the policy as it existed prior to May 10, with the CCAB ability to grant ten
percent reduction of rent and any further discounts and/or waivers be heard by City Commission,
be reinstated.
Agenda Item
Date (
430
The Administration has met with SMG, managing agent for the MBCC, and further reviewed options
available. The Administration recommends that the CCAB continue with its ability to grant a ten
percent discount on base rent to requesting groups meeting appropriate criteria (see attached
resolution 600-95). Furthermore, the Administration recommends that the CCAB be empowered
to grant waivers of up to one-hundred percent of base rent, or $15,000, whichever is lesser, to
deserving events meeting a more rigorous scrutiny. Such criteria for further waivers would include
a requirement that the primary beneficiaries of the organization's effort be the residents of the City
of Miami Beach, or that the organization be based in Miami Beach. The total amount waived in the
course of a fiscal year by the CCAB shall be limited to $65,000. This amount represents the average
amount of rent waived in the past three years. Additionally, any waiver of more than fifty-percent
of base rent shall be subject to ratification of the City Commission.
CONCLUSION:
The Mayor and Commission should adopt the Resolution.
JMG:lk:DT:dtppr
FACONVCNTR\EVERYONE\Comm Memo Fee Waivers 110800.doc
431
Dote
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH
APPROVING A POLICY FOR THE ISSUANCE OF
RENT WAIVERS REQUESTED BY USERS OF THE
MIAMI BEACH CONVENTION CENTER.
WHEREAS, the City is desirous of making the Miami Beach Convention
Center (MBCC) available to deserving events at reduced costs; and
WHEREAS, the existence of these events will serve to benefit the profile of
the City, either economically or with regard to quality of life; and
WHEREAS, the City wishes to establish a policy to address such requests
from those deserving events; specifically, regarding requests for rent waivers at
MBCC; and
WHEREAS, the Convention Center Advisory Board was created, in part, to
advise the Mayor and City Commission and address such cost reduction requests;
and
WHEREAS, the attached policy will allow qualifying events reductions of
from ten (10%) to one-hundred percent (100%) of base rental fees upon meeting
certain criteria.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR
AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
that the Mayor and City Commission of the City of Miami Beach herein approve
the attached policy for the issuance of rent waivers requested by users of the
Miami Beach Convention Center.
PASSED and ADOPTED this
day of , 2000.
MAYOR
ATTEST:
APPROVED AS TO
CITY CLERK
FORM & LANGUAGE
& FOR EXECUTION
432
Miami Beach Convention Center
Guidelines for Rent Waiver Consideration
• A group seeking any adjustment of waiver of cost or rent must first bring its request
to the City's Convention Center Advisory Board for consideration and
recommendation.
• The group must submit a detailed written description of the event, its history, and
why it should be considered for adjustment.
Financial Information Requirements:
• The group must supply its most recent audited financial statement.
• The group must supply financial information relative to the uses of funding for its
stated service mission.
• The group must provide a current event budget; this budget must disclose all sources
and uses of funds related to the event.
• The group must disclose its efforts in securing corporate and private sponsorships.
• The Convention Center Advisory Board shall only consider groups that are 501(c) 3
organizations.
Cost or Rent Waiver Amount Guidelines:
• The Convention Center Advisory Board may waive up to 100% of the rent, providing
the event principally benefits the citizens of Miami Beach or is based in Miami
Beach, or has significant community impact as defined below. Any recommendation
made by the Convention Center Advisory Board is subject to and contingent upon
approval by the Mayor and City Commission.
• Total rent discounts and waivers shall not exceed $15,000 per event.
• Total annual rent waivers granted a particular group or for a particular event shall be
capped at $100,000.
Community Impact Requirements:
• The group must provide a written explanation as to why the event cannot be held at a
local hotel.
• Consider a request for cost or rent waivers by major Countywide special events.
• Not consider requests from any group whose event dates conflict with the booking of
a full paying client or event.
• Consider groups that have a demonstrable positive impact on the facility, the City
and/or the County, i.e. Significant hotel night generation, increased business profile
etc.
• Consider groups or organizations that are based in Miami Beach or provide the
majority of their service to the residents of Miami Beach.
433
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:fti.miami-beach.fl.us
COMMISSION MEMORANDUM NO. S S9 -co
TO: Mayor Neisen 0. Kasdin and DATE: November 8, 2000
Members of the City Commission
FROM: Jorge M. Gonzalez
City Manager
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ADMINISTRATION TO EXERCISE THE FOURTH AND FINAL ONE-
YEAR OPTION TO RENEW THE AGREEMENT WITH CENTRAL
PARKING SYSTEM OF FLORIDA, INC., FOR PROVIDING PARKING
METER COLLECTION SERVICES FOR THE CITY OF MIAMI BEACH
PARKING SYSTEM; SAID RENEWAL TERM COMMENCING ON
DECEMBER 4, 2000, AND ENDING ON DECEMBER 3, 2001.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
FUNDING:
$230,000 Funds are available from the Parking Department Off-Street Division,
Account Number 480-0463-000325.
ANALYSIS:
On October 15, 1996, an Invitation to Bid was advertised for collection services for parking meters
owned by the City. The collection services included transporting all coins collected from the City
of Miami Beach's parking meters to any place within the City of Miami Beach deemed acceptable
to the Administration, for the purpose of counting, storing, depositing, or any combination thereof.
Collection Services are performed for approximately 9,200 parking meters. There are approximately
36,000 collections per month. Collections are made per a weekly schedule provided by the Parking
Department. The City has the right to increase or decrease the frequency of these collections up to
25%.
AGENDA ITEM
DATE
434
The Parking Department reviewed all responses to the bid for meter collection services and
recommended Central Parking System of Florida, Inc., which operated over 50 facilities in Miami-
Dade County with a workforce in excess of 650 employees.
On December 4, 1996, the Mayor and City Commission of the City of Miami Beach, Florida
approved the award of a one-year contract to Central Parking System of Florida, Inc., with renewal
options for four (4) additional one-year terms. On December 4, 1997, at the recommendation of the
Administration, the Mayor and Commission approved the first of four one-year renewal options.
In December 1998, the Mayor and City Commission approved the second of four possible one-year
renewal options. In November 1999, the Mayor and City Commission approved the third one-year
renewal option.
Since the inception of the contract in December 1996, there have been minor deficiencies in
performance, for example, there has been occasional failure to collect all parking meters scheduled
for collection, deviations from parking meter collection standard operating procedures, and isolated
losses of City property. Central Parking System of Florida, Inc. has been very responsive and
corrected said deficiencies. Central Parking System of Florida Inc. has performed the collection,
transporting, and delivery of coins collected from parking meters in a professional and satisfactory
manner
The Parking Department of the City of Miami Beach has replaced mechanical parking meters with
electronic meters. The implementation of electronic parking meters has required additional duties
to be performed by Central Parking System of Florida, Inc. The additional duties are as follows: (1)
retrieval of parking meter revenue data by using a hand held computer; and (2) unlocking the parking
meter vault door by using an electronic key. The Contractor is required to open the parking meter
vault door, remove the sealed (locked) coin can and insert it into a sealed cylindrical collection
device that engages (unlocks) the coin can from the meter. The coin can's contents are deposited
into the collection device. Once the contents of the coin can have been deposited, it is returned to
the appropriate parking meter and the meter vault door is locked. This process is repeated at all
parking meters scheduled for collection. All cylindrical collection devices are returned to the
Parking Department for the sorting, counting, bagging, and deposit of parking meter revenue. Central
Parking System of Florida, Inc. has performed the additional duties described above [(1) and (2)]
at no additional cost to the City of Miami Beach.
The Administration recommends exercising the fourth and final one-year renewal option for the
collection, transporting, and delivery of coins collected from parking meters, with Central Parking
Systems of Florida, Inc. In the past, the City has procured the Collection Services via a bid request.
It is proposed that 180 days prior to the termination date of the Agreement, the City issue a Request
for Proposals (RFP),with specific performance criteria to evaluate the proposer's performance of all
duties and procedures for the collection and transport of all coins from the the City's parking meters.
The proposed scope of services will be presented to the City Commission at the time authorization
for the issuance of the RFP is sought.
JMG/CY6F
TAAGENDA \ 2000 \ NOV0800 \ CONSENT \ CMMETER1.WPD
435
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO
EXERCISE THE FOURTH AND FINAL ONE-YEAR OPTION TO RENEW THE
AGREEMENT WITH CENTRAL PARKING SYSTEM OF FLORIDA, INC., FOR
PROVIDING PARKING METER COLLECTION SERVICES FOR THE CITY OF
MIAMI BEACH PARKING SYSTEM; SAID RENEWAL TERM COMMENCING
ON DECEMBER 4, 2000, AND ENDING ON DECEMBER 3, 2001; FURTHER
APPROVING THE ISSUANCE OF A REQUEST FOR PROPOSALS 180 DAYS
PRIOR TO THE EXPIRATION OF THE AGREEMENT.
WHEREAS, on October 15, 1996, the City issued Bid No. 18-96/97 for collection services
for parking meters; and
WHEREAS, bids were received from four major parking meter collection firms; and
WHEREAS, the Parking Department reviewed all responses to the bid and recommended
the contract be awarded to Central Parking System of Florida, Inc.; and
WHEREAS, on December 4, 1996, the Mayor and City Commission approved the award
of a one-year contract to Central Parking System of Florida, Inc., with renewal options for four (4)
additional one-year terms; and
WHEREAS, the first one-year renewal option, second one-year renewal option, and third
one-year renewal options were approved; and
WHEREAS, Central Parking System of Florida, Inc. has continued to perform parking
meter collection services at a satisfactory level and the Administration would therefore recommend
that the Mayor and City Commission herein approve the fourth and final one year renewal option,
said option commencing on December 4, 2000, and ending on December 3, 2001; and
WHEREAS, Central Parking System of Florida, Inc. has provided additional services at no
additional cost; and
WHEREAS, the fourth and final option year of the Agreement will require this service to
be competitively bid; and
WHEREAS, the competitive bidding process should be accomplished 180 days prior to the
expiration of the Agreement.
436
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
ATTEST:
CITY CLERK
FAPING\$ALL\SAULTOMMRESO\RESOMETE.WPD IC) -2 -a
Date
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein approve and authorize the Administration to exercise the fourth and final one-
year option to renew the Agreement with Central Parking System of Florida, Inc., for providing
parking meter collection services for the City of Miami Beach Parking System; said renewal term
commencing on December 4, 2000, and ending on December 3, 2001; further approving the
issuance of an RFP (request for proposals) 180 days prior to the expiration of the Agreement.
PASSED AND ADOPTED THIS 8TH DAY OF NOVEMBER, 2000.
MAYOR
437
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fLus
COMMISSION MEMORANDUM NO. g(00 `CC)
TO: Mayor Neisen 0. Kasdin and DATE: November 8, 2000
Members of the City Commission
FROM: Jorge M. Gonzalez
City Manager
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING THAT
CERTAIN PROJECT PROPOSED BY THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR MIAMI BEACH, INVOLVING THE
CREATION OF A LEFT-TURN LANE ON SOUTHBOUND PINE TREE
DRIVE TO FACILITATE EASTBOUND MOVEMENT ONTO 41ST
STREET; WHICH DEDICATED TURNING LANE IS NOT WARRANTED,
AND WOULD REQUIRE THE REMOVAL OF ELEVEN STATELY PINE
TREES; SUCH TREES BEING OF HISTORICAL VALUE TO THE CITY OF
MIAMI BEACH; REQUESTING THAT FDOT STOP ALL PLANNING
EFFORTS REGARDING THE PROJECT; AND FURTHER INSTRUCTING
THE ADMINISTRATION TO EXPEDITE THE HISTORIC DESIGNATION
PROCESS FOR PINE TREE DRIVE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Several months ago, the Administration was officially notified that the Florida Department of
Transportation (FDOT) is planning a "safety" project for the intersection of 41st Street and Pine Tree
Drive, which will include the installation of a left-turn lane on southbound Pine Tree Drive for
vehicular traffic wishing to make a left turn onto eastbound 41st Street, and provide safe crossing
for pedestrians. The installation of a left-turn lane will require the removal of eleven (11) pine trees
from the median of Pine Tree Drive, north of 41st Street.
Upon analyzing the FDOT proposal, the City concluded that the project is not warranted, for the
following reasons:
Accident data is essential to justify any credible safety-related project aimed at preventing
accidents and promoting safety. The FDOT traffic study done in 1998 for the proposed left-
turn movement, failed to request pertinent accident data collected for the intersection, which,
if available, would have been provided by our local Police Department.
AGENDA ITEM CIL
DATE 1— C--)D
438
November 8, 2000
Commission Agenda
FDOT Project/Pine Tree Drive
Page 2
The traffic study done by FDOT, back in 1998, preceded the installation of traffic calming
measures on the Pine Tree/La Gorce Drive couplet, which, apparently, has reduced the
volume of southbound traffic on Pine Tree Drive.
In addition, the number of vehicles attempting to make an eastbound left-turn at the
intersection is negligible, as compared to the number of vehicles proceeding south on Pine
Tree Drive or making a westbound turn onto 41st Street.
The existing median, which houses the pine trees, presently acts as a mid-point safe haven
for pedestrians waiting for the green light, when crossing Pine Tree Drive. Asphalting-over
the median wouldn't necessarily provide a safer environment for pedestrians.
The execution of an eastbound left-turn at the intersection was never identified by the Middle
Beach community as being a problem or a safety hazard. The area residents and businesses
have had plenty of opportunities to do so during several community involvement workshops
held regarding the Municipal Mobility Plan, the 41st Street Enhancement Project, and other
area projects. Concerns about the lack of safety are raised when a hazardous condition is
real, and not perceived by other parties unfamiliar with the area and its traffic patterns.
None of the majestic and truly historic pine trees, which date back to the early years of Carl
Fisher's coconut plantation, should be removed for the sake of a mere "operational
improvements" project, which would only slightly benefit the 41st Street corridor. In
addition, the City's Historic Preservation Division is in the process of pursuing a historic
designation for the trees and Pine Tree Drive.
On two separate occasions, the Administration notified FDOT that the City was not in favor of the
project. Most recently on October 4, 2000, the Administration wrote a letter to FDOT District Six
opposing the project and requesting that it be stopped. FDOT District Secretary's response, dated
October 20, 2000, reaffirmed FDOT's intention to move forward with the project since "continued
growth and development in Miami Beach will worsen the (unsafe) situation and it is our (FDOT's)
responsibility to provide a safe transportation system." Both letters are attached hereto, for your
review.
The City should work to preserve its historic trees, particularly when their removal is being proposed
for the sake of a project that will produce negligible traffic and safety benefits. The Administration
recommends approval of the Resolution.
JG S /
Attachments
BWORMSTRMAINELIA FDOTPNETRMMO.WPD
439
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING THAT
CERTAIN PROJECT PROPOSED BY THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR MIAMI BEACH, INVOLVING THE
CREATION OF A LEFT-TURN LANE ON SOUTHBOUND PINE TREE
DRIVE TO FACILITATE EASTBOUND MOVEMENT ONTO 41ST
STREET; WHICH DEDICATED TURNING LANE IS NOT WARRANTED,
AND WOULD REQUIRE THE REMOVAL OF ELEVEN STATELY PINE
TREES; SUCH TREES BEING OF HISTORICAL VALUE TO THE CITY OF
MIAMI BEACH; REQUESTING THAT FDOT STOP ALL PLANNING
EFFORTS REGARDING THE PROJECT; AND FURTHER INSTRUCTING
THE ADMINISTRATION TO EXPEDITE THE HISTORIC DESIGNATION
PROCESS FOR PINE TREE DRIVE.
WHEREAS, the Florida Depai tinent of Transportation (FDOT) is planning a "safety project"
for the intersection of Pine Tree Drive and 41st Street, which proposes to add a left-turn lane on
southbound Pine Tree Drive for vehicular traffic making a left turn onto eastbound 41st Street (the
Project); and
WHEREAS, in addition, such Project would require the removal of eleven (11) of the
majestic and historic pine trees which line the median, and date back to the early years of Carl
Fisher's coconut plantation; and
WHEREAS, the City strongly opposes the Project which the Administration has deemed
unwarranted for the following reasons:
¨ The traffic study done by FDOT in 1998 preceded the installation of traffic calming
measures on the Pine Tree/La Gorce Drive couplet, which, apparently, has reduced
the volume of southbound traffic on Pine Tree Drive;
¨ The FDOT traffic study for the proposed left-turn movement did not include
pertinent accident data or reached conclusions that are compelling enough to warrant
the removal of truly historic pine trees;
¨ The Middle Beach community has never identified the need for a protected left-turn
movement, or expressed concerns regarding lack of safety at the intersection,
although there have been plenty of opportunities to do so, at various public
involvement meetings for local projects, including the Municipal Mobility Plan, the
41st Street Enhancement, and the on-going General Obligation Bond Program
projects;
¨ The number of vehicles wishing to make an eastbound left-turn movement is
negligible as compared to the predominant southbound and westbound movements;
¨ The existing median, which houses the trees, acts as a mid-point safe haven for
pedestrians waiting for the green light, when crossing Pine Tree Drive; asphalting-
over the median wouldn't necessarily provide a safer environment for pedestrians.
440
- -3/—ek
Date
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby oppose that certain project proposed by the Florida Department of
Transportation (FDOT) for Miami Beach, involving the creation of a left-turn lane on southbound
Pine Tree Drive to facilitate eastbound movement onto 41st Street; which dedicated turning lane is
not warranted, and would require the removal of eleven stately pine trees; such trees being of
historical value to the City of Miami Beach; request that FDOT stop all planning efforts regarding
the project; and further instruct the Administration to expedite the historic designation process for
Pine Tree Drive.
PASSED AND APPROVED this the day of , 2000.
MAYOR
ATTEST:
CITY CLERK
FAWORIOSTRMAMELIAWDOTTNETRMINO.WPD
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
441
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
October 4, 2000
Mr. Jose Abreu, Secretary
Florida Department of Transportation, District Six
1000 N.W. 111th Avenue
Miami, Florida 33172
SUBJECT: FDOT-Proposed project, Intersection of SR 112/41st Street and Pine Tree Drive,
to add a southbound left-turn lane.
Dear Mr. Abreu:
On behalf of the City of Miami Beach, I'm dismayed at receiving a copy of the attached Fact
Sheet regarding a FDOT-proposed safety project for Pine Tree Drive, at its intersection with SR
112/ 41st Street. The City feels that the proposed improvements are not warranted, and, once
again, requests that the project be stopped for the reasons outlined by the City staff in a letter to
Mr. Carlos Francis of your Traffic Operations Department, dated July 19, 2000, and herein
attached for your review.
Traffic data from the Miami Beach Municipal Mobility Plan (MMP), collected for the subject
intersection, indicates that the left-turn movement from the southbound approach along Pine Tree
Drive is not a critical peak demand movement. Therefore, the City does not agree to the
removal of eleven (11) of its 'historic' pine trees to provide for a turning movement that is not
warranted. We are also confident that the affected neighborhood's reaction to this Fact Sheet
will be similar to ours.
If you require additional information regarding the City's position, please feel free to contact
either me at (305) 673-7010, or Joseph Johnson, Transportation and Concurrency Management
Director at (305) 673-7514. Your attention to our request is appreciated.
Sincerely,
Jorge M. Gonzalez
City Manager
Attachm
cc: Matthew Schwartz, Assistant City Manager
Joseph Johnson, Transportation and Concurrency Management Director
Michael Alvarez, Assistant Public Works Director
Carlos Francis, Traffic Operations Department, FDOT
442
1\
Sincer
A'k
Jo: e
t
Abr
Di trict Secretary
JEB BUSH
GOVERNOR
Florida Department of Transportation
District Office
1000 NW 111 Avenue, Room 6207
Miami, Florida 33172-5800
Telephone (305) 470-5197
THOMAS F. BARRY, JR.
SECRETARY
October 20, 2000
Mr. Jorge M. Gonzalez
City Manager - City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
SUBJECT: Section 87016/ SR 112/ 41 Street: Safety Project at Pine Tree Drive.
CTP 1999-02-0013
Dear Mr. Gonzalez:
Thank you for your letter dated October 4, 2000 expressing your dismay over this project. However, I must
remind you that this is a 'safety' project of which the main intent is reducing crashes, including those crashes
involving pedestrians.
Both our staff and the consultant that prepared the safety study reviewed the infoi iation provided by the City
out of the Municipal Mobility Plan (MMP). We could find no conflict between the MMP and our proposed
safety improvements. - The Department is sensitive to the issue of tree removal and strives to maintain a balance
between their removal and operational improvements. However, the safety of the public is most important
consideration in making our decision.
In summary, this project has been developed to address the safety problems at the intersection. Continued
growth and development in Miami Beach will worsen the situation and it is our responsibility to provide a safe
transportation system. While I thank you for taking the time to provide us with your concern, I consider the
matter addressed and will continue forward with the project's development.
Once again, thank you for your continued cooperation. If we can offer further assistance please feel free to
contact us a umber listed above.
cc: Rory Santana, District Traffic Operations Engineer
Carlos Francis, District Safety'Engineer .
File
6 vld 9Z 130 00
www.dot.state.fl.us
® RECYCLED PAPER
443
P-1
There's a Safer Pine Tree Drive and SR 112/41st Street Intersection Coming Your Way
BOUNDARIES
Intersection of SR 112/41st Street at Pine Tree Drive,
Miami Beach
SCOPE OF WORK
• Add a southbound left-turn lane
• Removal of 11 trees in the median
• Pavement markings
• Ground-mounted "No Turn on Red" signs
PUBLIC INVOLVEMENT
• Door-to-door canvassing to provide information and
gather feedback
PUBLIC INFORMATION
For more information, please contact Ms. Cristina. Lombillo
at (305) 774-7110, or Mr. Carlos Francis, The Florida
Department of Transportation at (305) 470-5335.
THE FLORIDA DEPARTMENT
OF TRANSPORTATION
Safer is... Always Better! _
444
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445
R9 New Business And Commission Requests
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
httpMciniami-beach.fLus
COMMISSION MEMORANDUM NO.
TO: Mayor Nelsen 0. Kasdin and
DATE: November 8, 2000
Members of the City Commission
FROM: Jorge M. Gonzalez
City Manager
SUBJECT: BOARD AND COMMITTEE APPOINTMENTS
BACKGROUND
Attached are the applicants that have filed with the City Clerk for Board and Committee
appointments.
ADMINISTRATION RECOMMENDATION:
That appointments be made as indicated.
VACANCIES
BOARD OR
COMMITTEE TOTAL BD. MBRS.
TOTAL
VACANCIES APPT. BY
01. Art in Public Places 07 1 City Commission (1)
02. Barrier Free Env. 07 1 Commissioner Dermer (1)
03. Beautification Committee 07 1 Commissioner Bower (1)
04. Committee for Quality Education 15 2 Commissioner Cruz (1)
In Miami Beach Commissioner Dermer (1)
05. Community Dev. Advisory Bd. 14 2 Commissioner Cruz (1)
Commissioner Dermer (1)
06. Community Relations Bd. 13 1 Commissioner Smith (1)
AGENDA ITEM OA
DATE (1-g-00
446
07 Convention Center Advisory Bd. 14 3 Commissioner Bower (1)
Commissioner Cruz (1)
CommissionerLiebman(1)
08. Convention Center Capital 07 3 Commissioner Bower (1)
Projects Oversight Committee Commissioner Cruz (1)
Commissioner Dermer (1)
09. Debarment Committee 07 7 Mayor Kasdin (1)
Commissioner Bower (1)
Commissioner Cruz (1)
Commissioner Dermer (1)
Commissioner Garcia (1)
Commissioner Liebman (1)
Commissioner Smith (1)
10. Fine Arts Board 13 4 City Commission (4)
11. Golf Advisory Committee 12 4 Commissioner Bower (1)
Commissioner Cruz (1)
Commissioner Liebman (1)
Commissioner Smith (1)
12. Health Facilities Authorities 05 1 City Commission (1)
13. Hispanic Affairs Committee 07 1 Mayor Kasdin (1)
14. Homeless Committee 09 1 Mayor Kasdin (1)
15. Loan Review Committee 07 1 Commissioner Dermer (1)
16. Marine Authority 07 2 Commissioner Dermer (1)
Commissioner Smith (1)
17. North Beach Youth Center 09 1 Commissioner Liebman (1)
Oversight Committee
18. Parks and Recreational Facilities 10 2 Commissioner Cruz (1)
Commissioner Bower (1)
19. Personnel Board 10 2 City Commission (2)
20. Police/Citizen Relations Comm. 17 2 Commissioner Bower (1)
Commissioner Cruz (1)
2 of 3
447
21. Safety Committee 14 4 Commissioner Bower (2)
Commissioner Cruz (1)
Commissioner Liebman (1)
22. South Pointe Advisory Bd. 13 2 Redevelopment Agency (2)
23. Transportation and Parking
Committee 19 1 Commissioner Cruz (1)
JMG:REP:eg
3 of 3
Page 3 of 3
448
ART IN PUBLIC PLACES. Seven members to be appointed by a majority of the entire City
Commission, and who shall possess a high degree of competence in evaluation of art history and
architectural history, art, architecture, sculpture, painting, artistic structure design and other
appropriate art media for display or integration in public places.
**************************APPOINTMENTS TO BE MADE**********************
Vacancy (To replace Denise M. Gerson) 12/31/2001 City Commission ******************************************************************************
CURRENT MEMBERS ARE:
Debra Scholl 12/31/2000 City Commission
Amy Cappellazzo 1 2/31/2000 City Commission
Pola Reydburd 12/31/2000 City Commission
Ari Sklar 12/31/2000 City Commission
Merle Weiss 12/31/2001 City Commission
Ann Lee Jaffe 12/31/2001 City Commission
APPLICANTS:
Angela C. Betancourt (College Student)
Leslie Martinez Botet
Susan Brustman
Howard Cohen
Harvey Daniels
Gayle (Carson) DeVecht (Consultant)
Grace Durbin
Ines Flax
Jean Claude Garcia -Zamor
Theodore Goldstein (Sales)
Aida Gottlieb (Producer)
Marilyn P. Gottlieb-Roberts (Professor)
Gus Gutierrez (Pres.)
Gail L. Harris (Lic. Clinical Soc. Work)
Chris Ingalls
Yigal D. Kahana
Jorge S. Kuperman (Architect)
Hannah D. Lasky
Evelyn Manset (Retired)
Donna B. O'Higgins
Wyatt A. Porter-Brown (Architect Design)
Leonora Rodriguez-Chomat (Teacher)
Alfredo Sanchez (Architect/Partner)
Stewart R. Sprung (Retired)
Stewart Stewart (Exec. Dir.)
Frances F. Switt (Program Coordinator)
Vesna Vera (Studio Artist)
James L. Weingarten, (art history)
Nina Weber Worth
-1-
449
BARRIER FREE ENVIRONMENT COMMITTEE. The Committee shall be composed of
seven (7) voting members who shall be direct appointees by the mayor and city commissioners
and six non-voting ex-officio members. Consideration shall be given, but not limited to, the
following categories: 1) persons having mobility impairment; 2) deaf and/or hard-of-hearing
persons in the community; blind and/or vision impaired persons in the community; 3) mental,
cognitive or developmental disabilities; 4) children with developmental disabilities; 5) children
with physical disabilities; and 6) the industries of tourism and convention, retail, hospitality
(restaurant or hotel), and health care (or rehabilitation). The non-voting ex-officio members shall
be the Director of the office of Children's Affairs, a designee of the Building Department
Director, a designee of the Recreation, Culture and Parks Director, a designee of the Police
Chief, a designee of the Parking Department Director, and the City's ADA Coordinator or his/her
designee. The City Attorney's office shall provide legal counsel.
*********************APPOINTMENTS TO BE MADE**************************
Vacancy 12/31/2000 Commissioner Dermer
ex-officio (ADA Coordinator or his/her designee)
******************************************************************************
CURRENT MEMBERS ARE:
Franklin Zavala-Velez 12/31/2000 Commissioner Bower
Rabbi Solomon Schiff
12/31/2001 Mayor Kasdin
Andrew I. Batavia 12/31/2001 City Commission [Comm. Cruz]
Michael Brennan 12/31/2002 Commissioner Garcia
Mildred Levinson 12/31/2001 City Commission [Comm. Smith]
Lee Weiss 12/31/2001 City Commission [Comm. Liebman]
Maria Ruiz, ex-officio (Director of the office of Children's Affairs)
Aurelio Carmenates Jr., ex-officio (Designee of the Parking Department Dir.)
Capt. Tony Pizzo, ex-officio Patrol Division (Designee of the Police Chief)
Jeri Goodkin, ex-officio (Designee of the Building Dept. Director)
Kevin Smith, ex-officio (Designee of the Rec., Culture and Parks Dir.)
APPLICANTS:
Howard Cohen
Eric H. Lampinstein (Physician)
Michael H. Lantz
Mildred Levinson
Bryon L. Richard
Rabbi Solomon Schiff
Brenda Wildy
-2-
450
BEACH PRESERVATION COMMITTEE. The Committee shall consist of seven (7)
voting members, one appointed by the Mayor and each Commissioner, and three (3) non-voting
ex-officio members to be comprised as follows: 1) Seven (7) citizens having an interest in the
preservation of the City's beaches and the purposes of the Committee, 2) The City's
Environmental Specialist as an ex-officio member, 3) An individual appointed by the Miami
Dade County Department of Environmental Resources Management (DERM), Natural Resources
Division who holds the position of Special Projects Administrator II as an ex-officio member and
4) A member of the City's Beach Patrol, who shall receive the highest number of votes in an
election by persons holding the positions of Lifeguard I, Lifeguard II and Lieutenant, as an ex-
officio member. The Chairperson of the Committee or his/her designee shall serve as a non-
voting ex-officio member of the Parks and Recreational Facilities Board.
CURRENT MEMBERS ARE:
Peter Kramer
Wyatt Porter Brown
Benito Cruz
Alfredo Rey
Richard Buck
Jerry Marsch
Jack Goldstein
12/31/2001
12/31/2001
12/31/2001
12/31/2001
12/31/2000
12/31/2000
12/31/2000
Mayor Kasdin
Commissioner Cruz
Commissioner Dermer
Commissioner Garcia
Commissioner Liebman
Commissioner Shapiro
Commissioner Smith
Bruce Henderson, ex-officio, City's Environmental Specialist,
Joe Fisher, ex-officio, City's Beach Patrol Lifeguard II,
Brian Flynn, ex-officio (Miami-Dade County Department of Env. Res. Mgmt.)
APPLICANTS:
Susan Bisno (interest in preservation)
Howard Cohen (interest in beach preservation)
Michael Gruener (interest in beach preservation)
Maria A. Guitran (interest in beach preservation)
Jack Hartley (interest in beach preservation)
Michael C. Noll (interest in beach preservation/architect)
Donna B. O'Higgins
Michael B. O'Higgins
Peter Page (interest in beach preservation)
Michael Shafir (interest in beach preservation)
James L. Weingarten (interest/beach preservation)
Gus Gutierrez (interest in beach preservation)
Nina Weber Worth (interest in beach preservation)
-3-
451
BEAUTIFICATION COMMITTEE. Eight(8) members, seven (7) of whom shall be direct
appointees by the mayor and city commissioners. The chairperson of the Mayor's Ad Hoc
Garden Center and Conservatory Advisory Committee (or his/her designee) who shall serve as a
non-voting ex-officio member.
**************************APPOINTMENTS TO BE MADE**********************
Vacancy (To replace Peter Page) 12/31/2001 Commissioner Bower
ex-officio (Chairperson of the Mayor's Ad-Hoc Garden Center & Conservatory)
*****************************************************************************
12/3 1/2000
1 2/31/2000
1 2/31/2000
12/31/2001
12/31/2001
12/31/2001
CURRENT MEMBERS ARE:
Helene Owen
Lisa Liotta
Gus Gutierrez
Stephen Beam
Faye Goldin
Claire Tomlin
APPLICANTS:
Howard Cohen
Harvey Daniels
Grace Durbin
Maria A. Guitran
Jorge S. Kuperman (Architect)
Sarah Lauffenburger
Donna B. O'Higgins
Alfredo Sanchez (Architect/Partner)
Norma E. Weinstein
City Commission [Comm. Smith]
City Commission [Comm. Cruz]
City Commission [Mayor Kasdin]
Commissioner Liebman
City Commission [Comm. Garcia]
City Commission [Comm. Dermer]
-4-
452
BOARD OF ADJUSTMENT. One (1) year term. Current term ends 12/31/2000. The Board
shall be comprised of five (5) voting members and two (2) ex-officio members. The two (2)ex-
officio members shall not have voting privileges and their presence shall not be counted for the
determination of a quorum. The ex-officio members are the Planning and Zoning Director and
Public Services Director.
The remaining five (5) members shall consist of the following: One (1) member shall be
appointed from each of the following professions or callings: Law, Architecture,
Engineering, Real Estate Development, Certified Public Accounting, Financial
Consultation and General Business. The members representing the professions of Law,
Architecture, Engineering and Public Accounting shall be duly licensed by the State of Florida;
the member representing General Business shall be of responsible standing in the community.
Members of the board shall be appointed by a five-seventh (5/7th) vote of the City Commission.
Members must be either residents of or have their principal place of business in Miami Beach.
CURRENT MEMBERS ARE:
Scott Mitchell (Law) 12/31/2000 City Commission
Bernardo E. Navarro (General Bus. or architect or CPA) 12/31/2000 City Commission
Neli A. Santamarina (Real Estate Development) 12/31/2000 City Commission
Joy Alschuler Malakoff (Financial Consultant) 12/31/2000 City Commission
Theodore Berman (Engineer) 12/31/2000 City Commission
Jorge Gomez, ex-officio, Director of Planning & Zoning
Matthew Schwartz, ex-officio, Public Services Director
APPLICANTS:
Minette Benson
Howard Cohen
Alex A. David (state/government liaison)
Jack Hartley (President)
Liliam Lopez (President/CEO)
Joy V.W. Malakoff
Scott A. Needelman (Apt. Mgr.)
Alfredo Sanchez (Architect/Partner)
James Silvers (Pres. of Silvers Design )
Mike Steffans (Architect)
Gregg Wenzel (Attorney)
-5-
453
BUDGET ADVISORY COMMITTEE. Nine (9) members. Seven (7) direct appointments
with Mayor and each Commissioner making one (1) appointment. Two (2) at-large
appointments, one (1) for a certified public accountant and one (1) for a financial advisor.
CURRENT MEMBERS ARE:
Stuart Sisisky
David Heller
Mark Jacobson
Jack Benveniste
Jeryl Weithorn
Lee P. Teichner
Steve L. Waserstein
Laurence A. Herrup (CPA)
Tony Rodriguez (Fin. Advisor)
12/31/2001
12/31/2000
12/31/2001
12/31/2001
12/31/2000
12/31 /2001
12/31/2000
12/31/2000
12/31/2001(term limited)
Mayor Kasdin
Commissioner Bower
Commissioner Cruz
Commissioner Dermer
Commissioner Gottlieb
Commissioner Liebman
Commissioner Smith
City Commission
City Commission
APPLICANTS:
Deborah Balliette-Jacobson (direct)
Howard Cohen (direct)
Juan M. Jover (direct)
Murray Kirschner (retired attorney)
Bruce S. Reich (direct)
Steve Lawrence Waserstein (Attorney)
Kathleen Z. Wolfarth (direct)
Robert Yaffe (direct)
-6-
454
COMMITTEE FOR QUALITY EDUCATION IN MIAMI BEACH. The committee shall
consist of fifteen (15) voting members and three (3) non-voting ex-officio member to be
comprised as follows: a) A representative selected by the PTA of North Beach Elementary, b) A
representative selected by the PTA of Biscayne Elementary, c) A representative selected by the
PTA of Feinberg-Fisher Elementary, d) A representative selected by the PTA South Pointe
Elementary, e) A representative selected by the PTA Nautilus Middle School, f) A representative
selected by the PTA of Miami Beach High School g) A representative selected by the PTA of
Ruth K. Broad Elementary School and h) A representative selected by the PTA of Treasure
Island Elementary School.
Seven (7) members of the public with knowledge or expertise with regard to education issues
who shall be direct appointments by the Mayor and each Commissioner with no more than three
(3) who can be employed or contracted by Miami-Dade County Public School. An Assistant
City Manager or any appropriate City staff member for the City of Miami Beach, who shall sit as
a non-voting ex-officio member of the Committee. Two (2) City Commissioners of the City of
Miami Beach who shall be appointed by a majority vote of the City Commission and who shall
sit as a non-voting ex-officio member of the Committee.
******************************APPOINTMENTS TO BE MADE******************
Vacancy 1 2/31/2001 Commissioner Cruz
Vacancy 12/31/2002 Commissioner Dermer
Vacancy (TBA) (representative of the PTA of Treasure Island Elementary)
******************************************************************************
CURRENT MEMBERS ARE
Jordan W. Leonard (member of the public)
Rosa Borgen
Leslie Coller
Beverly Heller
Marie Towers
12/31/2000
12/31/2001
12/31/2000
12/31/2001
12/31/2001
City Commission [Kasdin]
Commissioner Bower
Commissioner Garcia
Commissioner Liebman
Commissioner Smith
Deborah Ruggiero, (representative of the PTA of Biscayne Elementary)
Timothy Saley, (representative of the PTA of Fienberg-Fisher Elementary)
Kathy Bass (representative of the PTA of Nautilus Middle School)
Susan Shane (representative of the PTA of MB High School)
Karen Rivo (representative of the PTA of NB Elementary)
Sharon Feldman (representative of PTA of Ruth K. Broad Elementary)
Maggie Pacheco (representative of the PTA of South Pointe Elementary)
Ronnie Singer City Manager
Commissioner Bower/Commissioner Smith City Commission
APPLICANTS:
Samuel Abrahams (Retired Lawyer/Judge)
Susan Bisno
Howard Cohen
Ines Flax
-continued on the next page-
-7-
455
COMMITTEE FOR QUALITY EDUCATION IN MIAMI BEACH.
Jane Gilbert-Bernstein
Murray Kirschner (retired attorney)
Leslie Martinez Botet
Evelyn Manset (Retired)
Carmelia A. Marcelino (Attorney)
Gary Robinson (owner)
Leonora Rodriguez-Chomat (Teacher)
Barbara Rodriguez-Leon
Holly Wallack, Office Mgr.
456
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE. Committee shall be
composed of fourteen (14) members. The mayor and city commissioners shall each make two
(2) direct appointments. The fourteen (14) direct appointees shall fulfill the city affiliation
requirement in either of the following ways: 1) An individual has been a resident of a locally
designated community development target area for a minimum of six (6) months. 2) An
individual can demonstrate ownership/interest for a minimum of six (6) months in a business
established in a locally designated community development target area for a minimum of six (6)
months.
The members shall be appointed to represent citywide concerns, and should be selected on the
basis of their ability to provide expertise in areas of relevance to the community development
program, e.g. planning, law, real estate, social work, etc. However, no CDAC member may
submit an application for any CDBG, HOME, ESGP, or section 108 loan guarantee funded
assistance on any property or business that they own or retain an interest in. In making their
appointments, the commission should also take into consideration the need for representation of
low and moderate income persons, minority citizens and residents of slum and blighted areas.
The city commission may appoint, by a majority vote, non-voting, ex-officio members to assist
the committee in fulfilling its defined purposes.
***********************APPOINTMENTS TO BE MADE*************************
Vacancy 12/31/2000 Commissioner Cruz
Vacancy 12/31/2001 Commissioner Dermer
**********************ic************ic****************************ic*************
CURRENT MEMBERS ARE:
Harlan Sands
Juan C. Tones
Antonio Purrinos
Todd Narson
Lilliam R. Janata
Jason S. Loeb
Shaun D. Leibovitz
Stephen Cassell
Laura Varela
Mij el Brazlaysky
Timothy Barnum
Judith Berson
12/31/2000
12/31/2000
12/31/2001
12/31/2000
12/31/2000
12/31/2001
12/31 /2001
12/31/2001
12/31/2000
12/31/2000
12/31/2001
12/31/2001
Mayor Kasdin
Commissioner Bower
Commissioner Cruz
Commissioner Dermer
Commissioner Garcia
Commissioner Garcia
Commissioner Liebman
Commissioner Liebman
Commissioner Shapiro [Bower]
Commissioner Smith
City Commission [Mayor Kasdin]
City Commission [Commissioner Smith]
APPLICANTS:
Samuel Abrahams (Retired Lawyer/Judge)
Saul Brenesky (Pres. of B.A.A.S Consultant)
Howard Cohen
Eileen Engel
Maryon M. Freifelder (retired)(D)
Jean-Claude Garcia-Zamor (Unv. Prof.)(D)
Gus Gutierrez
Jorge S. Kurperman, AIA (President)
Liliam Lopez (President/CEO)
Bernice Martinez
Scott A. Needelman (Apt. Mgr.)
Bryon L. Richard
Gary Robinson (owner)
-9-
457
COMMUNITY RELATIONS BOARD. The Board shall consist of thirteen (13)) members.
Seven (7) direct appointments, with the mayor and each commissioner appointing a member.
Four (4) positions shall serve as non-voting ex-officio members, and shall be the chairperson or
designees of the following: 1) Commission on the Status of Women, 2) Committee on the
Homeless, 3) Hispanic Affairs Committee, and 4) Police/Citizen Relations Committee. The
police chief or his or her designee shall serve as a non-voting ex-officio member of the board.
The director of the bureau of children's affairs shall serve as a non-voting ex-officio member.
The composition of the board shall be reviewed every two (2) years.
************************APPOINTMENTS TO BE MADE************************
Vacancy (To replace Rabbi Shimon S. Dudai) 1 2/31/2000 Commissioner Smith
ex-officio Police/Citizens Relations Committee
******************************************************************************
CURRENT MEMBERS ARE:
Arnie Smith
Grace Calvani
Jacqueline S. Hertz
Zvi Bercovits
Katherine Pener
Marc Lichtman
Sharon Kersten
Monica Harvey
12/31/2001
12/31/2001
12/31/2001
12/31/2000
12/31/2000
12/31/2001
12/31/2000
12/31/2000
Mayor Kasdin
Commissioner Bower
Commissioner Cruz
Commissioner Dermer
Commissioner Gottlieb
Commissioner Liebman
City Commission*
City Commission*
Marjorie York, ex-officio Committee on the Homeless
Rotating members of the Hispanic Affairs Committee - ex-officio
Carmen Granda, ex-officio Commission on the Status of Women
Casey Conwell, ex-officio Representative of Police Department
Maria Ruiz, ex-officio Director of the Bureau of Children's Affairs
APPLICANTS:
Samuel Abrahams (direct/at-large)
Angela Betancourt (direct/at-large)
Jeff Bechdel (at-large)
Judith S. Berson, (direct/at-large)
Howard Cohen (direct/at-large)
Ines Flax (at-large)
Bradd S. Fleet (Attorney)
Faye Goldin (direct/at-large)
Gail L. Harris (direct/at-large)
Murray Kirschner (retired attorney)
Camelia Marcelino (Attorney)
Bernice Martinez (direct/at-large
Doramir V. Martinez (direct/at-large)
Rosalie Pincus (direct/at-large)
Celia Nash Presbery (direct/at-large)
Fanita Stone Presman (direct/at-large)
Hugo Rodrigeuz (direct/at-large)
Jennifer Shorey (at-large)
Robert Yaffe (Attorney/Partner)
*Pursuant to Ordinance No. 3245 eliminated. effective 12/31/2000 these position will be
eliminated.
-10-
458
CONVENTION CENTER ADVISORY BOARD. The board shall consist of 14 (fourteen)
voting members. The mayor and each commissioner shall make two (2) direct appointments. The
chairperson of the board of directors of the Miami Beach Chamber of Commerce or his/her
designee shall serve as a nonvoting ex-officio member. The chairperson of the board of directors
of the Greater Miami Convention and Visitors Bureau or his/her designee shall serve as a non-
voting ex-officio member. Administrative representatives from the management group, Greater
Miami Convention and Visitors Bureau, and the city manager's office shall serve as non-voting ex-
officio members.
************************APPOINTMENTS TO BE MADE**************************
Vacancy 12/31/2000 Commissioner Cruz
Vacancy 12/31/2000 Commissioner Bower
Vacancy 12/31/2000 Commissioner Liebman
ex-officio Chairperson of the Board of Directors of the Greater Miami Cony.
ex-officio Administrative Representatives from the Management Group
ex-officio Representative of Greater Miami Convention & Visitor Bureau
*******************************************************************************
CURRENT MEMBERS ARE:
Cathy Johnston
Edward Levinson
Jo Asmundsson
Charles Cinnamon
Bernice Martinez
Norman Litz
Leon Manning
Jay Jensen
Joe Fontana
Juan M. Jover
Robert Taran
12/31/2000
12/31/2001(term
12/31/2001
12/31/2000
12/31/2000
12/31/2001
12/31/2000
12/31/2001
12/31/2001
12/31/2001
12/31/2001
City Commission [Comm. Liebman]
limited)City Commission [Mayor Kasdin]
Mayor Kasdin
City Commission [Comm. Dermer]
Commissioner Dermer
City Commission [Comm. Smith]
Commissioner Smith
City Commission [Comm. Cruz]
City Commission [Comm. Bower]
City Commission [Comm. Garcia]
Commissioner Garcia
Eric Jacobs, ex-officio, Chairperson of the Board of Dir. of the MB Chamber of Commerce,
Mayra Diaz Buttacavoli, ex-officio, Representative from the City Managers Office
APPLICANTS:
Howard Cohen
Lisa Cole
Alex A. David (state/government liaison)
Bradd S. Fleet
Robert F. Jurasek
Kate N. Ramos
Bryon L. Richard
Barbara Rodriguez-Leon
Jorge Rodriguez-Chomat
Leonara Rodriguez-Chomat
Stewart Stewart
-11-
459
CONVENTION CENTER CAPITAL PROJECTS OVERSIGHT COMMITTEE : The capital projects
oversight committee shall consist of seven (7) voting members to be direct appointments by the mayor and city
commissioners. The city commission may appoint, by a majority vote, nonvoting, ex-officio members to assist
the committee in fulfilling its defined purposes. The city affiliation requirement for membership shall be fulfilled
in either of the following ways: 1) An individual has been a resident of the city for a minimum of six months.
2) An individual can demonstrate ownership/interest for a minimum of six months in a business established in
the city for a minimum of six months.
*******************************AppoiNTmENTs TO BE MADE****************************
Vacancy (To replace Randall Hilliard) 12/31/2000 Commissioner Bower
Vacancy 12/31 /2000 Commissioner Cruz
Vacancy • 12/31/2001 Commissioner Dermer
*****************************************************************************************
CURRENT MEMBERS ARE:
Steve Zack
Stanley Worton
Jack Hartley
Alberto Muhltar
12/31/2000
12/31/2001
12/31/2001
12/31/2001
Mayor Kasdin
Commisisoner Liebman
Commissioner Garcia
Commissioner Smith
APPLICANTS:
Howard Cohen (Citizen at large)
Alex A. David (state/government liaison)
Roy Garret
Jorge S. Kuperman (General Contractor/Registered Architect)
Bryon L. Richard
Ronnie G. Singerman (General Contractor)
Rene Valencia Jr. (At-large)
James Silvers (General Contractor/Registered Architect)
-12-
460
DEBARMENT COMMITTEE. The committee shall be composed of seven (7) individual members, each
appointed by the Mayor and Commissioners whose purpose, power and duties, are as follows: The committee's
purpose is to evaluate and, if warranted, to impose debarment as provided in Sections 2-397 through 2-406 of
the City Code to exclude a contractor (and, in limited instances, a bidder or proposer) from city contracting and
city approved subcontracting.
The Committee is vested with the power and authority to conduct quasi-judicial hearings, as authorized and
provided in Sections 2-511 through 2-513 of the City Code, with regard to debarment procedures and to impose
penalties, all as more specifically set forth in Sections 2-397 through 2-406 of the City Code. If any member of
the committee abstains from voting at two (2) meetings within a calendar year, said member shall be
automatically removed from the committee. The committee shall meet only as convened pursuant to the
Debarment ordinance set forth in Section 2-4.05 of the city code.
******************************AppammENTsToBEmADE*******************************
Vacancy 12/31/2002 Mayor Kasdin
Vacancy 12/31/2002 Commissioner Bower
Vacancy 12/31/2001 Commissioner Cruz
Vacancy 12/31/2002 Commissioner Dermer
Vacancy 12/31/2001 Commissioner Garcia
Vacancy 12/31/2002 Commissioner Liebman
Vacancy 12/31/2001 Commissioner Smith
******************************************************************************************
APPLICANTS
-13-
461
DESIGN REVIEW BOARD. Two (2) year term. The board shall be composed of seven (7) regular members
and two (2) ex-officio member. The seven (7) regular members shall consist of three (3) registered architects,
one (1) registered landscape architect, registered architect, professional designer or professional urban planner,
one (1) registered architect, professional designer or professional urban planner and two (2) citizens at-large.
The two ex-officio members shall be historic preservation and urban design director and one (1) person appointed
by the City Manager from an eligibility list provided by the Mayor's Barrier Free Environment Committee. The
City Attorney's office shall provide legal counsel.
The three (3) registered architects, one (1) landscape architect, and one (1) registered architect, professional
designer or professional urban planner and one (1) registered architect, professional designer or professional
urban planner, shall be appointed by the City Commission by a 5/7ths vote. An eligibility list for these
professional membership categories may include, but shall not be limited to, suggestions from the following
professional and civic associations as listed below: (a) American Institute of Architects, local chapter
(b) American Society of Landscape Architects, local chapter
(c) The Miami Design Alliance
(d) American Planning Association, local chapter'
(e) The Miami Design Preservation League and Dade Heritage Trust
(f) Other City civic, neighborhood and property owner associations.
The two (2) citizens at-large members shall be appointed by the City Commission by a 5/7ths vote. Residency
and place of Business- All regular shall reside in or have their
primary place of business in the County. The two (2) citizen-at-large members and one of the registered
landscape architects, registered architects, professional designer or professional urban planners shall be residents
of the City of Miami Beach.
CURRENT MEMBERS ARE:
Terry D'Amico (Urban Land Planner)
Randall Robinson (Citizen-at-large)
Charles Alden (Landscape Architect)
Greg Neville (Reg. Architect)
Rene Gonzalez (Registered Architect)
F. Michael Steffens (Reg. Architect)
Donald Worth (Citizen-at-large)
12/31/2000
1 2 /3 1/2000
12/31/2000
12/31/2000
12/31/2001
12/31/2001
12/31/2001
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
Andrew I. Batavia, ex-officio of the Barrier Free Environment Committee.
Jorge Gomez, ex-officio (Historic Preservation & Urban Design Director)
-CONTINUED ON THE NEXT PAGE
-14-
462
DESIGN REVIEW BOARD - Cont .
APPLICANTS:
Jo Asmundsson
Minette Benson
Manita Brug-Chmielenska (landscape Architect)
Howard Cohen
Harvey Daniels
Marilyn P. Gottlieb-Roberts (Professor)
Gus Gutierrez
Jorge S. Kuperman (Architect)
Neil H. Levinson (Attorney)
Doris S. Maya
Scott Mitchell
Carl J. Myers (Architect)
Scott A. Needelman (Apt. Mgr.)
Wyatt A. Porter-Brown (Architect Design)
Jose Reygadas (Director)
Hugo Rodriguez
Leonora Rodriguez-Chomat (Teacher)
Ivor Rose (owner)
Alfredo Sanchez (Architect/Partner)
James Silvers (President)
Lourdes Solera (Registered Architect)
-15-
463
12/31/2000
12/3 1/2001
12/31/2001
12/31/2000
12/31/2001
1 2/31/2000
12/31/2001
12/31 /2000 (term limited)
12/31/2000
12/31/2000
Mayor Kasdin
Commissioner Cruz
Commissioner Dermer
Commissioner Gottlieb
Commissioner Liebman
Commissioner Shapiro
Commissioner Smith
City Commission
City Commission
City Commission
FINE ARTS BOARD. Thirteen (13) members. Six (6) of whom shall be appointed at-large by the City
Commission; and the remaining seven (7) shall be appointed by the Mayor and individual Commissioners.
*********************************AppoiNTmENTs To BE MADE***************************
Helen Bialolenki 12/31/1999
City Commission
Randie S. Hofer 12/31/1999
City Commission
Vacancy (To replace Isabel Klassman 12/31/2001
City Commission
****************************************************************************************
CURRENT MEMBERS ARE:
Cheryl Jacobs
Jeannette Varela
Grace Sherman
Laura Apte
Grace Y. Durbin
Jim Weingarten
Laura Bruney
Maria J. Harris
Debra H. Schwartz
Mary Sue Belloff
APPLICANTS:
Angela Betancourt
Helen S. Bialolenki
Jeffrey Broder
Howard Cohen
Harvey Daniels
Linda Felton
Ines Flax
Jean Claude Garcia -Zamor
Faye Goldin
Aida Gottlieb
Marilyn P. Gottlieb-Roberts
Gus Gutierrez
Maria A. Guitran
Gail L. Harris
Randie S. Hofer
Chris Ingalls
Jorge S. Kuperman
Hannah D. Lasky
Donna B. O'Higgins
Peter Page
Leonora Rodriguez-Chomat (Teacher)
Jennifer Shorge
Stewart R. Sprung
Gregg Wenzel
Nina Weber Worth
Dona M. Zemo
-16-
464
GOLF ADVISORY COMMITTEE. Twelve (12) members, eleven (11) of whom shall be voting members.
Seven (7) voting members appointed by direct appointment by the mayor and city commissioners. Four (4)
voting members, who shall be the presidents of the Bayshore and Normandy Shores Men's and Women's Golf
Association, respectively, and who shall serve on said Committee during their tenure of office as such Presidents.
The city manager or his designee shall serve as a non-voting ex-officio member. The chairperson of the golf
advisory committee or his designee shall serve as a non-voting, ex-officio member of the recreational centers and
parks facilities board, to be renamed the parks and recreational facilities board.
*************************APPOINTMENTS TO BE MADE********************************
Jerry A. Jacobs 1 2/31/1999 Commissioner Bower
Vacancy 12/31/2000 Commissioner Liebman
Vacancy 12/31/2000 Commissioner Cruz
Vacancy 12/31/2000 Commissioner Smith
***************************************************************************************
CURRENT MEMBERS ARE:
Daniel H. Spring 12/31/2001 Mayor Kasdin
Dr. David Russin 12/31/2000 City Commission [Comm. Garcia]
Linda Leibovici 12/31/2001 Commissioner Dermer
Evelyn Lowell, President of the Bayshore Women's Golf Assoc.
Pearl Levine, President of the Normandy Shores Women's Golf Assoc.
Bernard Frank (President of the Normandy Shores Men's Golf Assoc.)
Scott 0. Lipman (President of the Bayshore Men's Golf Assoc.
Chuck Hart (Co-President of the Bayshore Men's Golf Assoc.)
Kevin Smith, ex-officio City Manager or designee
APPLICANTS:
Howard Cohen (At Large)
Michael B. O'Higgins
Bryon L. Richard
Paul Rogoff (At Large)
Ivor J. Rose (At Large)
Victor M. Santini (At Large)
Bette A. Snetman (At Large)
Marjorie York (At Large)
-17-
465
HEALTH ADVISORY BOARD. The committee shall consist of eleven (11) voting members appointed by
the City Commission at-large, upon recommendations of the City Manager: Three (3) members shall be the
Chief Executive Officers (CEOs) or their designated administrators from each of the following local hospitals:
Mount Sinai Medical Center, South Shore Hospital, and Miami Heart Institute. One (1) member shall be the
Chief Executive Officer (CEO) from Stanley C. Myers Community Health Center or his/her designated
administrator. One (1) member shall be an administrator from an Adult Congregate Living Facility (ACLF). One
(1) member shall be a representative from the nursing profession. One (1) member shall be a health benefits
provider. Two (2) members shall be physicians. Two (2) members shall be consumers consisting of one (1)
individual from the corporate level and one (1) private individual.
There shall be one (1) non-voting ex-officio representative from each of the following: the Miami-Dade County
Health Department and the Fire Rescue Department. The Director of the Office of Children's Affairs shall be
added as a non-voting ex-officio member.
CURRENT MEMBERS ARE:
Oscar Canas (New CEO Stanley C. Myers)
Bruce Perry (Mt.Sinai)
Mark Hildebrant (consumer corporate level)
Stephen Zaron (Physician/Consumer private)
Jamie S. Barkin(Physician)
Joyce Galbut (Admin Adult Congrate living)
Dalia Garcia (Health Provider)
Holly Wallack
William Shaw (Physician)
Dr.William Zubkoff(South Shore)
Ralph Aleman (Miami Heart)
Acting Fire Chief Thomas Thompson, ex-officio Fire
Sonia Albury, representative from the Health Council
12/31/2000
12/31/2000
12/31/2000(term limited)
12/31/2000(term limited)
12/31/2000
12/31/2000(term limited)
1 2/31/2001
12/31/2001(term limited)
1 2/31/2001(term limited)
12/31/2001(term limited)
12/31/2001
Rescue Department
of South Florida
City Manager/Commission
City Manager/Commission
City Manager/Commission
City Manager/Commission
City Manager/Commission
City Manager/Commission
City Manager/Commission
City Manager/Commission
City Manager/Commission
City Manager/Commission
City Manager/Commission
APPLICANTS:
Zeiven Beitchman (Mental Health Counselor/benefit provider)
Howard Cohen
Robert J. Furlong, MD
Robert Jurasek (Massage Therapist)
Edward Levinson (Attorney)
Eric H. Lampinstein (Physician)
Evelyn Manset (Retired)
Mark I. Sinnreich
Gregg Wenzel (Attorney)
-18-
466
HEALTH FACILITIES AUTHORITY. Four (4) year terms. All appointments by the Commission, except
appointments to fill vacancies. The voting members shall consist of two (2) health providers, one (1) individual
in the field of general business who possesses good standing in the community, one (1) accountant and one (1)
attorney. The Chairman of the Health Advisory Board shall serve as a non-voting advisor to the Authority.
Members shall be residents of the City.
*********************************AppoiNTmENTs TO BE MADE**************************
Vacancy (To replace Lourdes Sanjenis) (Health Provider) 6/1 9/2003 City Commission
*****************************************************************************************
CURRENT MEMBERS ARE:
Michael Baum (Health Provider) 6/1 9/2002 City Commission
Larry Fuller (Attorney) 6/19/2001 City Commission
Michael Kosnitzky (General Business) 6/19/2003 City Commission
Arthur Unger (Accountant) 6/1 9/2004 City Commission
APPLICANTS:
Saul Brenesky (General Business)
Howard Cohen (Citizen At Large)
Samuel R. Cratis (Lawyer/CPA/Realtor/Mortgage Broker)
Robert J. Furlong, MD
Juan Jover (General Business)
Robert Jurasek (General Business)
Jennifer Shorge (General Business)
Gregg Wenzel (Attorney)
-19-
467
HISPANIC AFFAIRS COMMITTEE. The committee shall consist of seven (7) members, with the mayor
and each commissioner making one (1) appointment. The chairperson of the Hispanic Affairs committee or
his/her designee shall serve as a non-voting ex-officio member of the Community Relations Board.
*********************************AppommENTs TO BE MADE**************************
Vacancy 12/31/2000 Mayor Kasdin
***************************************************************************************
CURRENT MEMBERS ARE:
Hugo Rodriguez
Luciano "Lucky" Llanos
Jose Heres
Luis Govantes
Teresa Martiato
Jacobo Epelbaum
12/31/2001
12/31/2000
1 2/31/2000
12/31/2001
12/31/2001
12/31/2000
Commissioner Bower
Commissioner Cruz
Commisioner Dermer
Commissioner Garcia
Commissioner Liebman
Commissioner Smith
APPLICANTS:
Angela Betancourt
Saul Brenesky
Rosa D. Borgen
Howard Cohen
Jeannette Egozi
Ines Flax
Carmen M. Grande
Jorge S. Kuperman
Camelia Marcelino
Doris S. Maya
Doramir V. Martinez
Erika Palma
Mirta Pestana-Argote
Jorge Rodriguez-Chomat
Linder E. Sanchez
Lourdes Sanjenis
-20-
468
HISTORIC PRESERVATION BOARD. Two (2) year term. The Board shall be composed of seven (7)
members. There shall be a member from each of the following categories: an architect registered with the State
of Fla. with practical experience in the rehabilitation of Historic Structures; a professional engineer, registered
with the State of Florida; an appointee from Dade Heritage Trust; an appointee from the Miami Design
Preservation League; a member of the faculty of a university in Florida, who has expertise in the field of historic
preservation or history of architecture; and two (2) additional members-at-large who reside in, own or manage
properties located in a locally designated Historic Preservation District.
All members of the Board except the architect, engineer, architectural historian and university faculty member
shall be residents of, or have business interest in, the City of Miami Beach; provided, however, that the City
Commission may waive these requirements in the event a person not meeting these requirements is available to
serve on the board and is exceptionally qualified by training and experience, in historic preservation matters. All
appointments shall be made on the basis of civic pride, integrity, experience and interest in the field of historic
preservation. APPOINTMENTS SHALL BE BY THE CITY COMMISSION. An eligibility list solicited
from the organizations listed below shall be considered by the City Commission in selecting Board members:
(a) A representative nominated by the MDPL, selected from three (3) names nominated by such organization, (b)
a representative nominated by the Dade Heritage Trust, selected from three names nominated by such
organization. (c) One (1) at-large member who owns or manages properties located in one of the City's historic
districts and who has demonstrated interest and knowledge in urban design and the preservation of historic
buildings. (d) One (1) at-large member who resides in one of the City's historic districts and who demonstrated
interest and knowledge in urban design and the preservation of historic buildings. (e) An architect registered in
the State of Florida with practical experience in the rehabilitation of historic structures. (f) A registered landscape
architect, professional designer or professional urban planner with practical experience in the rehabilitation of
historic structures; or an attorney at law or a licensed engineer who has professional experience and demonstrated
interest in historic preservation. (g) A member of the faculty of a school of architecture in the State of Florida,
with academic expertise in the field of design and historic preservation or the history of architecture, with a
preference for an individual with practical experience in architecture and the preservation of historic
CURRENT MEMBERS ARE:
Herb Sosa (Dade Heritage) 12/31/2000 City Commission
Victor Diaz (MDPL) 12/31/2000 City Commission
Marilys Nepomechie (At-large member who resides in a city hist. district) 12/31/2000 City Commission
Raul Garcia (member of the faculty of a school of architecture) 12/31/2001 City Commission
Hope Fuller (At-large member who manage properties) 12/31/2000 City Commission
William Taylor (Reg. Architect) 12/31/2001 City Commission
Jose Toledo ( Engineer.) 12/31/2001 City Commission
-continued on the next page-
-21-
469
HISTORIC PRESERVATION BOARD.- continued
APPLICANTS:
Theresa D'Amico (Interior Designer)
Jo Asmundsson
Judith S. Berson, VP
Donna K. Bloom (Real Estate Br)
Howard Cohen
Alex A. David (state/government liaison)
Marilyn P. Gottlieb-Roberts (Professor)
Maria A. Guitran, (Attorney)
Gail Harris (Clinical Psycho Therpasist)
Jorge S. Kuperman (Architect)
Greg Neville (Architect)
Mitch Novick (President)
Leonora Rodriguez-Chomat (Teacher)
Lourdes Solera (Registered Architect)
Kathleen Z. Wolfarth
-22-
470
COMMITTEE ON THE HOMELESS. The Committee shall consist of nine (9) members, three (3) to be
appointed by the Mayor, and each Commissioner to appoint one (1). The Chairperson of the Committee on the
Homeless or his/her designee shall serve as a non-voting ex-officio member of the Community Relations Board.
Each member of the committee shall be selected from membership in an organization such as, but not limited to
the following: Service Providers: Douglas Gardens, Salvation Army, Better Way, Miami Dade County Homeless
Trust, (Civic Representation: North Beach (North Beach Development Corp), 41st Street (Middle Beach
Partnership), Lincoln Rd (Marketing Council), Washington Ave (Miami Beach Dev. Corp. and/or Washington
Ave Task Force), Ocean Drive (Ocean Drive Improvement Association), Collins Ave (Hotel Association), South
Pointe (South Pointe Advisory Board to the Red. Agency), Member of the general public with personal experience
with homeless issues CDBG Project Coordinator (ESG Emergency Shelter Grant Provider), City Officials:
Representative from the Police Department and the City Attorney's Office as ex-officio members.
***************************************APPOINTENT TO BE MADE************************
Vacancy (To replace Steve Holloway) 12/3 1/2001 Mayor Kasdin
*****************************************************************************************
CURRENT MEMBERS ARE:
Zeiven Beitchman
Leonard Turkel
Marjorie York
Maria Pellerin
Murray Kirschner
Ron Hirschel
Sheila Kelly
Stephanie Berman
12/31/2001
12/31/2001
12/31/2001
12/31/2000
12/31/2001
12/31/2000
12/31/2000
12/31/2000
Mayor Kasdin
Mayor Kasdin
Commissioner Bower
Commissioner Cruz
Commissioner Dermer
Commissioner Garcia
Commissioner Liebman
Commissioner Smith
APPLICANTS:
Susan Bisno
Kathleen Blank
Leslie Martinez Botet
Howard Cohen
Grace Durbin
Ines Flax
Maria A. Guitran, (Attorney)
Gail L. Harris (Lic. Clinical Soc. Work)
Evelyn Manset (Retired)
Doris S. Maya
Rosalie Pincus
Barbara Rodriguez-Leon
-23-
471
HOUSING AUTHORITY. Five (5) members, appointed by the Mayor. Appointments must be confirmed by
the City Commission. At least one member who shall be a resident who is current in rent in a housing project
or a person of low or very low income who resides within the housing authority's jurisdiction and is receiving rent
subsidy through a program administered by the authority or public housing agency that has jurisdiction for the
same locality served by the housing authority, which member shall be appointed at the time a vacancy exists.
Four (4) year appointments.
CURRENT MEMBERS ARE:
Ruth E. Pasarell
Steven E. Chaykin
Maria Beatriz Gutierrez
Jonathan Beloff
Charles Burkett III
10/11/2000
10/11/2001
10/11/2001
10/11/2002
10/11/2003
Mayor Kasdin
Mayor Kasdin
Mayor Kasdin
Mayor Kasdin
Mayor Kasdin
APPLICANTS:
Angela C. Betancourt
Howard Cohen
Edward G. Guedes
Maria A. Guitran, (Attorney)
Doris S. Maya
Hugo Rodriguez
Jorge Rodriguez-Chomat (Attorney)
James Silvers (President of Silvers Design Bldg. Corp.)
Stewart R. Sprung (Retired)
Alfredo Sanchez (Architect/Partner)
-24-
472
LOAN REVIEW COMMITTEE. The committee shall consist of seven (7) voting members whom shall be
direct appointments by the mayor and city commissioners. The finance director or his/her designee and the city
manager or his/her designee shall serve as non-voting ex-officio members. A member of the community
development advisory committee (CDAC) shall be designated to serve as a non-voting ex-officio member of the
LRC in order to facilitate communications between the LRC and CDAC.
********************************AppoINTmENTs TO BE MADE***************************
Vacancy 12/31 /2000 Commissioner Dermer
Vacancy - ex-officio (designee of the city manager)
*****************************************************************************************
City Commission [Comm. Smith]
City Commission [Comm. Liebman
City Commission [Comm. Cruz]
City Commission [Comm. Garcia]
City Commission [Mayor Kasdin]
City Commission [Comm. Bower]
Patricia Walker/Ramos Duenas - ex-officio (Finance Director or his/her designee)
Shaun Leibovitz, ex-officio (Member of the Community Dev. Adv. Committee)
APPLICANTS:
Samuel Abrahams
Howard Cohen
Harvey Daniels
Juan M. Jover
Liliam Lopez
Bryon L. Richard
Kathleen Z. Wolfarth
CURRENT MEMBERS ARE:
J. Wallace Tutt
Regina Berman
Phillip Brazlaysky
Cheryl Martin
George Psomopoulos
James Gleason
12/3 1 /2000
12/31/2000
1 2/31/2001
12/31/2001
12/31/2001
12/31/2001
-25-
473
MARINE AUTHORITY. The marine authority shall consist of seven (7) voting members, who shall be direct
appointments by the mayor and city commissioners, and one non voting, ex-officio member of the authority, who
shall be a representative of the city marine patrol. Appointments to the authority shall consist of individuals who
have had previous experience in the operation of or inspection of either marine vessels or marine facilities
including experience in various types of boat activities, including fishing in the waterways of the city. The
members of the marine authority shall have the right and duty to consult with any member of the city
administration for technical or other information pertaining to the matters before them.
********************************AppoINTmENTs TO BE MADE***************************
Vacancy 12/31/2000 Commissioner Smith
Vacancy 12/31/2001 Commissioner Dermer
ex-officio Miami Beach Marine Patrol
*****************************************************************************************
CURRENT MEMBERS ARE:
Barbara (Bunny) Patchen
Keith Hartley
Ira Nusbaum
Stuart Reed
Morris Sunshine
12/31/2000
12/31/2000
12/31/2001
12/31/2001
12/31/2001
City Commission [Comm. Liebman]
City Commission [Comm. Bower]
City Commission [Mayor Kasdin]
City Commission [Comm. Cruz]
City Commission [Comm. Garcia]
APPLICANTS:
Howard Cohen
David Heller (CPA)
David A. Philips
Stewart R. Sprung
Joseph J. Villari
-26-
474
MIAMI BEACH CABLE ADVISORY AD-HOC BOARD. Seven (7) members. The Mayor and City
Commission shall appoint the initial members of the Cable Board whom shall be citizens of the City of Miami
Beach.
***************************AppoINTmENTs TO BE MADE********************************
Vacancy
City Commission
Vacancy City Commission
*****************************************************************************************
CURRENT MEMBERS ARE:
Jo Asmundsson
Jeff Bechdel
Henry Kay
Pat Morris
Nicholas Spill
-27-
475
12/31 /2001(term limited)
12/31/2000
12/31/2001
12/31/2001
12/31/2001
12/31/2001
12/31/2000
12/31/2001
12/31/2001
12/31/2000
12/31/2000
12/31/2001
12/31 /2001
1 2/31/2000
12/31/2000 (term limited)
12/31/2000
1 2/31/2000
12/31/2001
12/31/2000
12/31/2001
12/31 /2001
Mayor Kasdin
Mayor Kasdin
Mayor Kasdin
Commissioner Bower
Commissioner Bower
Commissioner Bower
Commissioner Cruz
Commissioner Cruz
Commissioner Cruz
Commissioner Dermer
Commissioner Dermer
Commissioner Dermer
Commissioner Garcia
Commissioner Gottlieb
Commissioner Gottlieb
Commissioner Liebman
Commissioner Liebman
Commissioner Liebman
Commissioner Smith
Commissioner Smith
Commissioner Smith
MIAMI BEACH COMMISSION ON THE STATUS OF WOMEN. Twenty-one (21) members. Each of
the seven (7) members of the Commission shall appoint three (3) members. The Chairperson of the Commission
on the Status of Women or its designee shall serve as a non-voting ex-officio member of the Community
Relations Bard.
CURRENT MEMBERS ARE:
Gertrude Arfa
Meryl Wolfson
Diana Susi
Leslie J. Graff
Donna K. Bloom
Lizette Lopez
Sara Resnick
Regina Suarez
Barbara Gillman
Lidia Resnick
Liliam Lopez
Anna Ellison
Dale Gratz
Lynn Russin
Ellen Shaw
Hazel Cypen
Lisa Palley
Gail Harris
M. Begona Calcerrada
Carmen Granda
Rosalie Pincus
APPLICANTS:
Susan Bisno
Kathleen Blank
Joyce M. Bronson
Maria A. Guitian (Attorney)
Beverly B. Heller
Sarah M. Lenett
Grace Mallah (Realtor)
Evelyn Manset (Retired)
Camelia Marcelino (Attorney)
Doris S. Maya
Lisa B. Palley (President)
Erika Palma
Barbara Rodriguez-Leon
Leonora Rodriguez-Chomat (Teacher)
Lourdes Sanjenis (Dr.)
Gregg Wenzel (Attorney)
Marjorie York
-28-
476
MIAMI BEACH CULTURAL ARTS COUNCIL. The council shall consist of nine (9) members to be
appointed at-large by a majority vote of the Mayor and City Commission. The term of office for each member
shall be three (3) years. Effective December 31, 2000, concurrent with the expiration of the terms of four (4)
members of the council, and the resulting vacancies thereon, three (3) members shall be appointed for two (2) year
terms each, and one (1) member shall be appointed for a one (1) year term. Effective December 31, 2001,
concurrent with the expiration of the terms of six (6) members of the council, and the resulting vacancies thereon,
three (3) members shall be appointed for three (3) year terms each, provided that one of those appointments shall
be to fill the vacancy of the one (1) year term expiring on December 31, 2001, and three (3) members shall be
appointed for two (2) year terms each. Additionally, effective December 31, 2000, no council member may serve
more than six (6) consecutive years; this provision shall be measured retroactively from the date of the initial
appointments to the council. No council member who serves the maximum prescribed term limitations shall be
appointed to the council during the two (2) year period following the expiration of his/her term.
Each Council member will be charged with the responsibility of serving the best interests of the arts within the
City of Miami Beach, and no Council member shall view his or her role to be that of representing any particular
geographic area within the City, interest group, arts institution, community organization, or audience. Each
Council member shall be a duly qualified resident of the City of Miami Beach, unless such requirement is so
waived by a majority vote of the Mayor and City Commission; shall be selected to reflect a balance of the City's
ethnic and racial diversity; and shall have demonstrated interest and experience in cultural activities.
***********************************AppoiNTmENTTogEmADE****************************
Vacancy (To replace Alvaro Fernandez) 12/31/2000 City Commission
************************ic**********************************************ic*****************
CURRENT MEMBERS ARE:
I. Stanley Levine 12/31/2000 City Commission
Racquel Vallejo 12/31/2000 City Commission
Nancy Wolcott 12/31/2000 City Commission
Roland J. Kohen, M.D. 12/31/2001 City Commission
Steve Sauls 12/31/2001 City Commission
Diane Star Heller 12/31/2001 City Commission
Pauline Winick 12/31/2001 City Commission
Evan Clark Reynolds
APPLICANTS:
12/31/2001 City Commission
Jean Claude Garcia -Zamor
Ines Flax
Jane Gilbert
Marilyn P. Gottlieb-Roberts (Professor)
Donna B, 0. Higgins
Michael B. O'Higgins
Laura A. Jamieson
MaryAnn Lewis (Professor)
Samuel Abrahams
Roger E. Abramson
Donna K. Bloom (Real Estate Br)
Jeffrey Broder
Susan Brustman
Howard Cohen
Lisa Cole (Public Relations)
Bruce A. Davidson
continued on the next page -29-
477
MIAMI BEACH CULTURAL ARTS COUNCIL.
Liliam Lopez (Pres./CEO)
Evelyn Manset (Retired)
Patricia A. MacIsaac
Joy Van Wye Malakoff
Merri Mann
Robert Meltzer
Ileana Oroza
Kathryn Orsz
Heriberto Padilla
Lisa B. Palley (President)
Ana Maria Pozo (Attorney/consultant)
Jorge A. Rodriguez (Bus. Travel Advisor)
Leonora Rodriguez-Chomat (Teacher)
Linder E. Sanchez
Lourdes Sanjenis (Dr.)
Jennifer Shorey (at-large)
Golda M. Siegel
Stewart Stewart (Exec. Dir.)
Gregg Wenzel (Attorney)
Nina Weber Worth
-30-
478
NORTH BEACH YOUTH CENTER OVERSIGHT COMMITTEE. One (1) year term. The committee shall
consist of nine (9) regular voting members, two (2) of whom shall be ex-officio members who shall include a
representative from the Parks and Recreational Facilities Board and a representative from the Youth Center
Advisory Board. The remaining seven (7) members shall be direct appointments, with the Mayor and City
Commissioners each making one (1) individual appointment. Members of the committee shall be appointed based
upon their interest and knowledge with regard to parks and recreation issues. Appointments to fill vacancy on
the committee shall be for the remainder of the unexpired term of office.
***************************AppomTmENTs TO BE MADE********************************
Vacancy Commissioner Liebman
Vacancy (representative of Parks and Recreational Facilities Board)
Vacancy (representative of Youth Center Advisory Board)
******************************************************************************************
CURRENT MEMBERS ARE:
Deborah Ruggierro
Margarita Cepeda
Marty Hyman
Ted Berman
Michael Thompson
Joe Fontana
12/31/2001
12/31/2001
1 2/31/2001
12/31/2001
12/31/2001
12/31/2001
Mayor Kasdin
Commissioner Bower
Commissioner Cruz
Commissioner Dermer
Commissioner Garcia
Commissioner Smith
APPLICANTS
Barbara Rodriguez-Leon
-31-
479
NUISANCE ABATEMENT BOARD. Two (2) year term. The board shall consist of five (5) members
appointed by a majority vote of the City Commission. Must be persons who reside or maintain a business
establishment in the City of Miami Beach. Membership on the board shall include one (1) representative from
each of the following areas of Miami Beach. 1) South of twenty-second street, 2) Twenty-second street to Fifty-
fifth Street, and 3) Fifty-fifth street to Eighty Terrace. The chairperson of the Board shall be an attorney duly
licensed by the State of Florida with trial experience.
CURRENT MEMBERS ARE:
Ray Reilly (South Beach) 1 2/31/2000 City Commission
Mark Meland (Middle Beach) 12/31/2000 City Commission
David Alschuler (North Beach) . 1 2/31/2001 City Commission
Stephen Cypen (Middle Beach) 12/31/2001 City Commission
Stephen Hertz (North Beach) 12/31/2001 City Commission
APPLICANTS:
Samuel Abrahams (South Beach)
Howard Cohen (South Beach)
Jack Hartley (Middle Beach)
Stephen G. Hertz (NorthBeach)
Robert Jurasek (Middle Beach)
Murray Kirschner (Middle Beach)
Rosalie Pincus (SouthBeach)
James F. Silvers (South Beach)
Stewart Stewart (South Beach)
-32-
480
OVERSIGHT COMMITTEE FOR GENERAL OBLIGATION BOND. Thirteen (13) members consisting
of two (2) residents from the North Beach area, two (2) residents from the Middle Beach area, two (2) residents
from the South Beach area, one (1) member from the Budget Advisory Committee, one (1) member from the
Planning Board, one (1) member from the Chamber of Commerce, one (1) member from the Transportation and
Parking Committee and one (1) member from the Community Development Advisory Committee (who shall be
a non-voting member), one (1) member from the Historic Preservation Board (who shall be a non-voting
member) and one (1) member from the City Commission for the purposes of providing guidance and assurance
that the proposed General Obligation Bond funded projects are implemented in accordance with the project list
approved by the Mayor and City Commission.
CURRENT MEMBERS ARE:
John Mallah (Middle Beach) 1 2/31/2000 City Commission
Roberto Sanchez (North Beach) 12/31/2000 City Commission
Victor Varela (South Beach) 12/31/2000 City Commission
Frank Del Vecchio (South Beach) 12/31/2001 City Commission
Amy Rabin (Middle Beach) 1 2/31/2001 City Commission
Michael Rotbart (North Beach) 12/31/2001 City Commission
Larry Herrup (Budget Adv. Comm.)
Martin J. Hyman (Transportation and Parking Committee.)
Leonard Wein, Jr. (Chamber of Commerce)
Frank Datorre (Planning Board)
Victor Diaz (ex-officio member of the Historic Preservation Board)
Mike Brazlaysky (ex-officio member of the Community Development Adv. Comm.)
Commissioner David Dermer City Commission
APPLICANTS
Leslie Martinez Botet
Howard Cohen
Judy Gelber (NB)
Peter Luria (MB)
Michael B. O'Higgins
Ivor Rose (MB)
Charles W. Burkett, IV (MB)
Jorge Rodriguez-Chomat (Attorney)
Roberto Sanchez (NB)
-33-
481
PARKS AND RECREATIONAL FACILITIES BOARD. The board shall be comprised of ten (10)
members. Seven (7) direct appointments made by the mayor and each commissioner. The chairpersons of the
following boards/committees or their designees shall serve as non-voting ex-officio members of the parks and
recreational facilities board: 1) Beautification Committee, 2) Golf Advisory Committee, and 3) Youth Center
Advisory Board. Members of the board shall demonstrate interest in the City's parks and recreational facilities
and programs through their own participation or the participation of a member of their immediate family.
**********************************AppoiNTmENTs TO BE MADE*************************
Vacancy (To replace Julio Lora) 12/31/2000 Commissioner Bower
Vacancy (To replace Daniel Barrett) 1 2/31/2000 Commissioner Cruz
(ex-officio member of Beautification Committee)
(ex-officio member of Golf Advisory Committee)
****************************************************************************************
CURRENT MEMBERS ARE:
Gary Heffner
Nina Weber Worth
Barbara Gelber
Al Pisano
Lazaro Martinez
Barbara Herskowitz
Jodi Knofsky/Laine Unger, ex-officio
12/31/2000
12/31/2001
12/31/2000
12/31/2001
1 2/31/2001
12/31/2000
member of Youth Center Advisory Bd.)
Mayor Kasdin
Commissioner Dermer
Commissioner Gottlieb(Garcia)
Commissioner Liebman
Commissioner Smith
City Commission*
APPLICANTS:
Kathleen C. Blank
Isabel I. Borrello
Leslie Martinez Botet
Howard Cohen
Alex A. David (state/government liaison)
Jane Gilbert
Ronald Hirschel
Robert F. Jurasek
Doris S. Maya
Peter Page
Bryon L. Richard
Karen Susman
Marie Towers
Joseph J. Villari
Steve Lawrence Waserstein
Kathleen Z. Wolfarth
Robert J. Wolfarth
*Pursuant to Ordinance No. 2000-3245 effective 12/31/2000 this position will be eliminated.
-34-
482
PERSONNEL BOARD. Staggered terms. The board shall consist of ten (10) members, six (6) of which shall
be citizens of Miami Beach not in the employment of the city, each having a difference vocation. The term
"vocation" as used herein means the principal means of livelihood of the member. At least one (1) citizen must
work in the field of Human Resources. Each of the six (6) shall be appointed by and may be removed without
cause by the votes of five-sevenths of the city commission, and shall be voting members. The other four (4)
members of the personnel board shall be the personnel director, who shall not be a voting member of the board,
and three (3) regular employees of the City of Miami Beach, to be elected by the probationary and regular
employees of the City and who shall be elected from the employees of regular status in the respective groups.
Group I shall consist of the employees of the Police Department, Fire Department and Beach Patrol Department.
Group 2 shall consist of employees who are in clerical and executive positions; Group 3 shall consist of all other
employees. The three (3) employees members shall be entitled to a total of one vote, voting as an employee
member unit, in the determination of all matters before the Personnel Board. The Personnel Board shall select
its Chairman and Vice-Chairman from its non-employee voting members.
***************************AppowTmENTs TO BE MADE********************************
Vacancy (To replace Aimee L. Hamilton) 12/31/1999 City Commission
Vacancy 12/31/2001 City Commission
*****************************************************************************************
CURRENT MEMBERS ARE:
John Bremer 12/31/2000 City Commission
Manny Diaz (Human Resources) 12/31/2000 City Commission
Al Feola 12/31/2001 City Commission
T.C. Adderly (Personnel Director)
*ELECTED*
Michael Jaccarino (elected 6/28/99) (exp. 7/31/2001)Group I
Patricia Becerra (elected 06/11/98) (exp. 7/31/01) Group II
Jonathan Sinkes (elected 08/23/00(exp. 7/31/03) Group III
APPLICANTS:
Howard Cohen (Citizen at Large)
Jack Hartley (General Business)
Robert Jurasek (General Business)
Rosalie Pincus (General Business/School Counselor)
Hugo Rodriguez (Attorney)
Barbara Rodriguez-Leon
Laurence Schatz (General Business/Employee Relations)
Kathleen Z. Wolfarth (Real Estate)
-35-
483
PLANNING BOARD. Two (2) year term. The board shall consist of seven (7) regular voting members and two
(2) ex-officio members. Each regular member shall be appointed by a majority vote of the City Commission.
All regular voting members of the board shall have considerable experience in general business, land
development, land development practices or land use issues; however, the Board shall at a minimum be
comprised of one registered architect, one developer, one attorney who has considerable experience in land
use and zoning issues, and one person who has education and/or experience in historic preservation issues.
For purposes of this section, the term "education and/or experience in historic preservation issues" shall be a
person who meets one or more of the following criteria: (1) has earned a college degree in historic preservation;
or (2) is responsible for the preservation, revitalization, or adaptive reuse of historic buildings; or (3) is recognized
by the City Commission for contributions to historic preservation education, or planning. Members shall be
residents of the City of Miami Beach, or have their main business interest in the City of Miami Beach.
CURRENT MEMBERS ARE:
Melvyn Schlesser (Attorney)
Professor Jean-Francois LeJune
Carlos Capote (at-large)
Scott Needleman (Developer)
David Wallack (at-large)
Henry Kay (at-large)
Roberto Datorre (Hist. Pres.)
APPLICANTS:
Frank Ammirata (Cert. General Cont.)
Jo Asmundsson
Minette Benson
Howard Cohen
Jeffrey M. Cohen (Real Estate Broker)
Lisa Cole (Public Relations)
Theresa D'Amico (Interior Designer)
Alex A. David (state/government liaison)
Joe Fontana
Marilyn P. Gottlieb-Roberts (Professor)
Jack Hartley (President)
Stephen G. Hertz (Attorney)
Randy Hilliard (Landuse Consultant)
Henry Kay
Murray Kirschner (retired attorney)
Liliam Lopez (President/CEO)
Joy Malakoff (Banker- Sr. VP)
Scott Mitchell
Scott Needelman (Apt. Mgr)
Jorge Rodriguez-Chomat (Attorney-CPA)
Leonora Rodriguez-Chomat (Teacher)
Alfredo Sanchez (Architect/Partner)
James Silvers (President)
12/31 /2000
12/31 /2000
12/31/2000
12/31/2001
12/31/2001
12/31/2001
12/31 /2001
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
-36-
484
POLICE/CITIZEN RELATIONS COMMITTEE. The committee shall consist of seventeen (17) members,
fourteen (14) of whom shall be voting members. The members shall be direct appointments with the mayor and
city commissioners, each making two (2) individual appointments. One (1) non-voting ex-offico member shall
be from the non-administrative personnel of the police department selected by a majority vote of the
nonadministrative personnel. Two (2) additional non-voting ex-officio members shall be the police chief (or a
designee) and the city attorney (or a designee). The chairperson of the committee or his/her designee shall serve
as a non-voting ex-officio member of the community relations board. The police/citizen relations committee shall
be assigned to the police department.
Recommendations for appointment to all voting and non-voting membership selected by the Mayor and
Commission shall be obtained from the Spanish American League Against Discrimination (S.A.L.A.D.); the
League of United Latin American Citizens (L.U.L.A.C.); the Anti-Defamation League (A.D.L.); the Dade
ActionPac; the National Association for the Advancement of Colored People (N.A.A.C.P.); the League of
Women's Voters, and any other organizations deemed appropriate. The voting members of the Committee shall
have knowledge of and interest in police community relations and their impact on the City of Miami Beach.
********************************APPOINTMENTS TO BE MADE***************************
Vacancy 12/31/2000 Commissioner Cruz
Vacancy 12/31/2001 Commissioner Bower
****************************************************************************************
CURRENT MEMBERS ARE:
Brad Fleet 12/31/2001
Mitchell Korus 12/31/2001
Sidney Goldin 12/31/2001
Saul "Ron" Brenesky 12/31/2001
Michael I. Finesilver 12/31/2002
Jorge Rodriguez-Chomat 12/31/2002
Rachel J. Umlas 12/31/2001
Steven Kozlowski
12/31/2000
Robert Yaffe 12/31/2001
Spencer Eig 12/31/2000
Cynthia Jacobs 12/31/2000
Michael Alvarez 12/31/2000
Officer Dennis Ward (non-administrative personnel of the P.D.)
Chief Richard Barreto, Police Chief
Myles G. Cypen, Esq. (City Attorney or his designee)
APPLICANTS:
Howard Cohen
Gregory Davis
Mayor Kasdin
Mayor Kasdin
Commissioner Bower
Commissioner Cruz
Commissioner Dermer
Commissioner Dermer
Commissioner Garcia
Commissioner Liebman
Commissioner Smith
City Commission [Comm. Smith]
City Commission [Comm. Garcia]
City Commission [Comm. Liebman]
City Attorney
-Continued on the next page-
-37-
485
POLICE/CITIZEN RELATIONS COMMITTEE. ( Cont inued )
Robert Jurasek
Jean-Claude Garcia-Zamor
Maria A. Guitran
Jose Heres
Stephen G. Hertz
Murray Kirschner (retired attorney)
Luciano Llanos
Grace Mallah
Camelia Marcelino
Doris S. Maya
Rosalie Pincus
Jose Reygadas
Barbara Rodriguez-Leon
Stewart R. Sprung
Rachel J. Umlas
Gregg Wenzel
Kathleen Z. Wolfarth
Tanya Woodards
Stanley Worton
486
PRODUCTION INDUSTRY COUNCIL. The council shall consist of seven (7) voting members, the mayor
and each commissioner shall make one direct appointment. Representatives from the Miami-Dade Office of Film,
Television and Print and the city film, television and print office shall be included as non-voting, ex-officio
members. All regular members shall have knowledge of the fashion, film, television, production, new media, or
recording industries of the city. Each of the six industries shall be represented by at least one member, but no
more than three members, who are directly involved with that industry.
CURRENT MEMBERS ARE:
Peggi McKinley (Film)(term limited)
Ken Lorber (Television)
Karen S. Davis (Television)
Pamela Gardner-Labuschagne(At-large)
George Neary (At-large)
Alan Randolph (Film)
Totty Saizarbitoria
12/31 /2000
1 2/31/2000
12/31/2000
12/31/2000
12/31/2000
12/31/2001
12/31/2001
City Commission [Comm. Liebman]
City Commission [Comm. Dermer]
City Commission [Comm. Bower]
City Commission [Comm. Garcia]
City Commission [Mayor Kasdin]
City Commission [Comm. Cruz]
Commissioner Smith
Jeff Peel, ex-officio (Metro-Dade Office of Film, Television and Print)
Alexis Edwards, ex-officio (CMB Film, Television and Print Office)
APPLICANTS:
Samuel Abrahams (Attorney)
Judith S. Berson
Lisa Cole (Tourism/Arts/Entertainment/Public Relations)
Linda Felton (Teacher)
Adrian Gonzalez (Business Owner)
Maria A. Guitran (Attorney)
Nancy G. McIntosh
Corey M. Narson (Medical Provider)
Jose Reygadas (Music/Entertainment)
Linder E. Sanchez
James Silvers (General Business)
David Sine (Cable TV Network)
Bryant Sinkler
Stewart Stewart (Artist/Cultural Arts)
Gregg Wenzel (Attorney)
Kathleen Z. Wolfarth (Citizen at Large)
-39-
487
SAFETY COMMITTEE. Committee consists of fourteen (14) members who shall be direct appointments, two
appointments shall be made by the mayor and each commissioner.
**********************************AppomTmENTs TO BE MADE*********************
Vacancy 12/31 /2001 Commissioner Cruz
Vacancy 1 2/31/2000 Commissioner Bower
Vacancy (To replace Bernice Martinez)
12/31/2001 Commissioner Bower
Vacancy 12/31/2001 Commissioner Liebman
**************************************-k************************************************
CURRENT MEMBERS ARE:
Manuel Warszayski
Robin Weiss
Evelyn Manset
Gilbert J. Novick
Brian Giller
Norman Giller
Gerald Goldstein
Joe Pallant
Patricia A. MacIsaac
Daniel Vaisman
12/31/2001
12/31/2002
12/31/2000
12/31/2000
12/31/2001
12/31/2001
12/31/2000
12/31/2000
1 2/31/2000
12/31/2001
Commissioner Dermer
Commissioner Dermer
Commissioner Garcia
Commissioner Garcia
Mayor Kasdin
Commissioner Liebman
City Commission [Comm. Cruz]
City Commission [Mayor Kasdin]
City Commission [Comm. Smith]
Commissioner Smith
APPLICANTS:
Zeiven B Beitchman
Howard Cohen
Jose Heres
Robert Jurasek
Mitchell P. Korus (Realtor)
Luciano Llanos
Bryon L. Richard
Stewart R. Sprung
Tanya Woodards
Robert Yaffe
-40-
488
SISTER CITIES COORDINATING COUNCIL. The Coordinating Council is the governing body of the
overall Sister Cities Program. The council shall consist of two (2) representatives per Sister City affiliation and
four (4) members appointed from the community at-large. All of these members are appointed by the Mayor of
the City of Miami Beach for two (2) years.
Current members are: Appointed by:
Bruce Singer (Fujisawa, Japan) 12/31/2001 Mayor Kasdin
Akiko Endo (Fujisawa, Japan) 12/31/2000 Mayor Kasdin
Dr. George Safirstein (Santa Marta, Columbia) 12/31/2000 Mayor Kasdin
Amparo V. Lothian (Cozumel, Mexico) 12/31/2000 Mayor Kasdin
Armando Hernandez (Cozumel, Mexico) 12/31/2001 Mayor Kasdin
Sergio Vilhena (Rio de Janiero, Brazil) 12/31/2000 Mayor Kasdin
Ed Boen (Rio de Janiero, Brazil)(1996) 12/31/2001 Mayor Kasdin
Salomen Yuken (Ica, Peru) 12/31/2000 Mayor Kasdin
Guillermo F. Villar (Ica, Peru) 12/31/2001 Mayor Kasdin
Roberto DaTorre (Almonte, Spain) 12/31/2001 Mayor Kasdin
Nuccio Nobel (Pescara, Italy) 12/31/2000 Mayor Kasdin
Judge John Gale (Pescara, Italy 12/31/2001 Mayor Kasdin
Aliza Brenner (Ramat-Gan, Israel) 12/31/2001 Mayor Kasdin
Steven Haas (Ramat-Gan, Israel) 12/31/2001 Mayor Kasdin
Claire Tomlin (at-large) 1 2/31/2001 Mayor Kasdin
Art Santucci (At-large) 12/31/2000 Mayor Kasdin
Jerrold Goodman (at-large) 12/31/2000 Mayor Kasdin
-41-
489
SOUTH POINTE ADVISORY BOARD. Thirteen (13) members, Members shall be appointed by the
Redevelopment Agency. Six (6) residents of the South Pointe area striving to represent each type of residential
dwelling, six (6) owners or lessees of businesses located in the South Pointe area or representatives of a public
or cultural type of facility (e.g. hospital, school, museum, housing authority, library) and one (1) representative
from an Historic Preservation organization with expertise in the field of architecture and the rehabilitation of
historic structures.
**********************************AppoINTmENTs TO BE MADE***********************
Vacancy (To replace Harvey Daniel) (Resident) 12/31/2000
Vacancy (To replace Scott Greenwald) (Business) 12/31/2001
*****************************************************************************************
CURRENT MEMBERS ARE:
Erika Brigham
Barry Josepher
Scott Betten
Max Ramos
Raffaele W. Pigg
Arthur Forgette
Robert W. Christoph
Shareef Malnik
Joyce Bronson
Catherine Colonnese
Howard Cohen
(Historic Preservation Organization) 12/31/2000
(Resident)
12/31/2000
(Resident)
12/31/2000
(Business)
12/31/2000
(Business)
12/31/2000
(Business)
1 2/31/2000
(Business)
12/31/2001
(Resident)
12/31/2001
(Business)
12/31/2001
(Resident)
12/31/2001
(Resident)
12/31/2001
APPLICANTS:
Scott Betten
Howard Cohen (resident)
Jack Franco (resident)
Jorge S. Kuperman (resident)
Nadim N. Rabah
Jose Reygadas (resident)
James Silvers (business/resident)
Joseph J. Villari (resident)
-42-
490
TOURIST AND CONVENTION CENTER EXPANSION AUTHORITY. Eleven (11) voting members.
Each Commissioner and the Mayor shall appoint one (1) member and four (4) members to be appointed at-large.
The City Manager of the City of Miami Beach, the Mayors of Dade County, Surfside, and Bal Harbour shall be
non-voting ex-officio members. The Authority may appoint, by a majority vote, non-voting ex-officio members
to assist them in fulfilling the defined purposes.
The executive director for the authority shall be the budget director for the City of Miami Beach or some other
designee of the City Manager from his or her office. The executive director shall have general charge of the work
of the authority and shall direct the enforcement of all policies and directives of the authority. The director shall
maintain and keep the records of the authority and shall be responsible for causing minutes of all authority
meetings to be recorded, transcribed and maintained.
Each member of the authority shall be of outstanding reputation for integrity, responsibility and commitment to
serving the community. No two (2) members shall be connected or have any financial ties with the same business
entity.
Ordinance 99-3192 adopted June 23, 1999 repealing in its Entirety Chapter 2, Division 2, Division 24, Sections
2-190.81 through 2-190.84, of the Miami Beach City Code, Entitled "Tourist and Convention Center Expansion
Authority": Said Repealer having the effect of Sunsetting the Authority; Providing for Severability; Codification;
Repealer; and an Effective Date.
*Pursuant to Ordinance No. 99-3192 adopted on June 23, 1999 - TCCEA is sunsetted. See Ordinance No.
99-3206 which established the Convention Center Capital Project Oversight Committee.
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-43-
y
491
TRANSPORTATION AND PARKING COMMITTEE. Committee shall consist of nineteen (19) members.
The Mayor and City Commissioners shall each make one (1) appointment, with the other members of the
Committee to be composed of members from the following community organizations each of which must
designate a permanent coordinating representative. 1) Miami Beach Chamber of Commerce's Transportation and
Parking Committee, 2) Miami Beach Development Corporation, 3) Ocean Dr Association, 4)Washington Avenue
Task Force, 5) Miami Design Preservation League, 6) North Beach Development Corporation, 7) Mid-Beach
Community Association, 8) South Pointe Advisory Board to the Redevelopment Agency, 9) Lincoln Road
Marketing, Inc., 10) Miami Beach Transportation Management Assoc. 11) Miami Beach Convention
Center/TOPA (SMG); and 12) Middle Beach Partnership, Inc. d/b/a 41st Street-Middle Beach Partnership. A
member of the City Administration, the City of Miami Beach Parking Director, and Transportation Coordinator
shall serve as non-voting ex-officio members. On an annual basis, the members of the Committee shall elect a
Chairman and such other officers as may be deemed necessary or desirable, who shall serve at the will of the
Committee. The members of the voting committee shall have knowledge of and interest in transportation and
parking and their impact on the City of Miami Beach. The members of the Board shall be officially designated
by their respective organization, and letters certifying that designation shall be forwarded to the Miami Beach City
Clerk.
**********************************ApponiTmENTs TO BE MADE**********************
Marcelo Curi 12/31/1999 Commissioner Cruz
Ex-officio: Member of City Administration
Ex-officio: Transportation Coordinator
*****************************************************************************************
CURRENT MEMBERS ARE:
Stephen Nostrand
Richard Steinberg
Alan Fishman
Michael R. Hammon
Gary Knight
Ada Llerandi
Judy I. Evans (MB Transp. Mgmt. Assoc.)
Martin J. Hyman
12/31/2001
12/31/2001
12/31/2001
12/31/2000
12/31/2000
12/31/2000
12/31/2000
12/31/2000
Mayor Kasdin
Commissioner Dermer
Commissioner Garcia
Commissioner Liebman
Commissioner Shapiro
Commissioner Smith
(rep. for the Middle Bch. Partnership Inc. d/b/a 41st St-Middle Bch.
David Haber, (MB C.of C.Trans.and Pkg Comm.) 12/31/2000
Howie Gross (NB Dev. Corp.) 12/31/2000
Erika Brighman (Rep. for the South Pointe Adv. Bd.) 12/31/2000
Linda Polansky (Rep. for the Wash. Ave. Task Force) 12/31/2000
Marlo Courtney (rep. for the Ocean Dr. Imp. Assoc.) 12/31/2000
Robert Warren(rep. for the Linc. Rd. Mkting. Inc.) 12/31/2000
Steve Clark(Rep. for the MB Cony. Ctr./TOPA (SMG) 12/31/2000
Mr. Delvin Fruit (rep. for Mid Beach Comm. Assoc.) 12/31/2001
Cesar Garcia-Pons (rep. for the MB Dev. Corp) 1 2/31/2001
Ex-officio: Jacqueline Gonzalez, Parking Director
-continued on the next page-
-44-
492
TRANSPORTATION AND PARKING COMMITTEE.
APPLICANTS:
Samuel Abrahams
Minette Benson
Judith S. Berson, VP
Leslie Martinez Botet
Howard Cohen
Alex A. David (state/government liaison)
Alan R. Elias
Alan B. Fishman
Ines Flax
Bradd S. Fleet
Allan Freedline (Dr.)
Gail Harris
Stephen G. Hertz (Attorney)
Randy Hilliard (Landuse Consultant)
Michael R. Hammon (Real Estate)
Robert Jurasek (Massage Therapist)
Mitchell P. Korus (Realtor)
Eric H. Lampinstein (Chiropractor)
Liliam Lopez (President/CEO)
Bernice Martinez
Laurence Schatz (Sr. Vice President)
Stewart R. Sprung (Retired)
-45-
493
VISITOR AND CONVENTION AUTHORITY. Ordinance 98-3134. Two (2) year term. Seven (7) members
appointed by majority vote of the City Commission who shall be permanent residents of Dade County and who
have outstanding reputations for civic pride, interest, integrity, responsibility and business ability within the city.
The seven (7) members of the authority shall be representative of the community as follows: Not less than two
(2) nor more than three (3) members shall be representative of the hotel industry; and the remaining members,
none of whom shall be representative of the hotel industry, shall represent the community at large. Any member
of the authority or employee therefor violating or failing to comply with provisions of this article shall be deemed
to have vacated his office or position.
CURRENT MEMBERS ARE:
Elsie Howard (At-large) 12/31 /2000 City Commission
Wendy Hart (Hotel Industry) 12/31/2001 City Commission
Ray Schnitzer (At-large) 12/31/2001 City Commission
Jeffrey Abbaticchio (At-large) 12/31/2001 City Commission
Stanley Shapiro (At-large) 12/31/2001 City Commission
Antoinette Zel (At-large) 12/31 /2000 City Commission
Jeff Lehman (Hotel Industry) 12/31/2000 City Commission
Note: Not < 2 nor more than 3 shall be representatives of the Hotel Industry Community at-large.
************************************************************************************
APPLICANTS:
Samuel Abrahams (Attorney)
Gertrude Arfa
Judith S. Berson
Stuart L. Blumberg (Hotel/Tourism)
Howard Cohen (Citizen at Large)
Grace Durbin (Citizen at Large)
Jean-Claude Garcia-Zamor (Citizen at Large/University Professor)
Isaac George (Citizen at Large)
Barbara Gillman (General Business/Art Gallery)
Jack Hartley (General Business)
Stephen G. Hertz (Attorney)
Robert Jurasek (General Business/Contractor)
Mitchell P. Korus (General Business/Real Estate)
Eric H. Lampinstein (Physician)
Carmelia Marcelino (Attorney)
Jerry Powers (At-large/Publishing and Promotion)
Barbara Rodriguez-Leon
Leonora Rodriguez-Chomat (Teacher)
Jorge Rodriguez-Chomat (Attorney)
Stanley K. Shapiro
James Silvers (General Business/General Contractor)
Stewart R. Sprung (Citizen at Large)
Tanya Woodards
-46-
494
YOUTH CENTER ADVISORY BOARD. The board shall consist of 10 (ten) members whom shall be voting
members as follows: Seven (7) individual appointments who must have an affiliation with the Scott Rakow
Youth Center, either through past service on the committee or present participation in youth center activities by
their children. Two (2) student resident users of the facility shall serve as non-voting ex-officio members; one
(1) of these student users must attend a middle school, and the other must attend a high school. The director of
the office of children's affairs shall serve as a non-voting ex-officio member. The chairperson of the youth center
advisory board or his designee shall serve as a non-voting, ex-officio member of the recreational centers and parks
facilities board, to be renamed the "parks and recreational facilities board."
**********************************AppowTmENTs TO BE MADE**********************
ex-officio student resident user - Middle School
***************************************************************************************
CURRENT MEMBERS ARE:
Lisa Austin 12/31/2000
Jodie Knofsky 12/31/2001
Ivor Rose 12/31/2000
Grace Mallah
12/31/2001
Julio Magrisso 12/31/2000
Karen Susman 12/31/2000
Jane Gilbert-Bernstein 12/31/2001
Maria Ruiz, ex-officio Director of the Office of Children Affairs
Danny Motola, ex-officio student res. user - High School
APPLICANTS:
Jaye N. Chipy (child at youth center)
Howard Cohen
Eileen Engel
Linda Felton
Maryon M. Freifelder
Doris S. Maya
Stewart R. Sprung
Gregg Wenzel
REP:eg
F: CLEM SALLTLIZABET \COMMMEMO \2000 110800.WPD
-47-
Mayor Kasdin
Commissioner Bower
Commissioner Cruz
Commissioner Dermer
Commissioner Gottlieb
Commissioner Liebman
Commissioner Smith
495
C' erne
32,
OFFICE OF THE MAYOR & COMMISSION
CITY OF MIAMI BRECif 30 FM10: 28
INTEROFFICE MEMORANDUM
TO: JORGE GONZALEZ
CITY MANAGER
FROM: NEISEN KASDINV
r
MAYOR
SUBJECT: MIAMI BEACH HOUSING AUTHORITY TENANT COMMISSIONER APPOINTMENT
DATE: 10/31/00
I am submitting Ms. Brenda Jordan for appointment as the Tenant Commissioner of the Housing
Authority of the City of Miami Beach.
Please place this item on the November 8, 2000 City Commission agenda for ratification by the
Commission.
Agenda Item OA
Date ( g
496
t".1 ?p 11 00 10:15a Ima Jordan 305 8689963 p.1
Brenda Jordan
1755 Calais Dr.
Miami Beach, Florida 33141
Tel. 305 868-2182
September 5, 2000
Dear Mayor Kasdin,
My name is Brenda Jordan. I would like to be considered as a candidate for the position
of Tenant Commissioner at the Housing Authority of the City of Miami Beach.
I believe that I can represent the Section 8 tenants in a positive and productive manner. I
have always been interested in improving the quality and availability of affordable
housing. As a Section 8 tenant I have been striving to use the assistance provided to me
in order to become self-sufficient and help others to achieve their goals.
At the present time I have started a non-profit organization called World African
Traditional Arts to provide an alternative program to help at-risk youth.
I would be honored to serve the community and share my talents and abilities on the
Board of Commissioners of the Housing Authority of the City of Miami Beach in order
to achieve our mutual goal of providing the best possible affordable housing.
I welcome the opportunity to speak with you in person about this position. I will be
calling you next week in order to set up an appointment at your convenience.
Sincerely,
Brenda Jordan
497
Cep 21 00 09:03a Ima Jordan 305 8689963 p.1
4= etit: tit 0
411>MA Brenda Jordan
0 0 SEp
10py : 55
Miami Beach, Florida 33141 fl`,/,
1755 Calais Dr. ?/-1 t DIY
Tei.(305) 868-2182 Bp.(305) 784-8623
----•-______--
013.) ECT1 VE:
41>MA is an Artist, her specialty is African Traditional Arts. She is
devoted to sharing her talents with the Youth dr Adults wanting to
find out more oftheir Cultural Heritage.
0 VV0P-.K. EXPERJENCE: 11, TRAINING & SEMIMARS 0
4) Illustrator 76z8 0 4) CataarkX.Press 55
Pagemaker 6 5
0 Pbc_xecishcip 5.5
0 Painter 5 0
Cyber Studio 4.0
0
web Design
Html
0
o REFERENCES
0
0 Susanne Palombo, Social Work
0 200 Alton Rd Miami Beach Fl 0
0
Tel. (305) 532- 6401 ex3046
(.) Dorville Carrington, Professor
di 1220 NE Terrace N Miami Beach FL 0
TeL C305) 651- 0939
Jamaica School ofthe Arts
Sept. 1970 - Aug. 1972
Kingston, Jamaica. Folk Arts Certificate.
0
Sept. 1966 - June 1970
Hallahan Catholic High
Phila., Pa. High School Diploma.
0
DIRECTOR,: WA-TA .May 1996 - Present
Teaching Cultural Arts, Rap & Graphics
Miami Florida (305) 86f:32182
Organizational Collaborations: P.A.N., iroko, South Floridalori
Inner-City Games, AtiCenter/South Florida etc.
MANAGER: tihutu Gallery June 1995-Pec.1996
Managing Staff, Cocrclinating Openings
12 N. 52 st. Phila Pa.19139 Tel.C215)7471191
(.)
0
Design 1,2,3,4.
0 0
0 4)
Proprietor: 'ma's Gallery Oct.1991-June 1995
Acquring & Selling Art, Coordinating Openings &
Workshops 709 5. 4 st Phila.,Pa. 19147
Art Director: Centre Andre )an.1988-Oct.1992
Developing & Run Art Programs
Conakry, Guinea West Africa
Et/CATION:
0 Lela Lombardo, Performing Arts 4.) 0
V
692 NE 70 St. Miami Fl.
0 0 Tel. (305) 759-0564
O
Amaniyea Payne Artistic Director 0
Muntu Dance Troup
0 Chi„goill.( /13) 667-0706
0
0
0
0 Sept. 1996 - May 1999
Miami Dade Community College
VocationalVocatinal Certificate in Graphic Design
Sept. '1981 - June 1983
Madam Andre E'cole Pe Arts Conakry, Guinea
West Africa. Traditional Arts Certificate.
4111116, ..1111ft,
498
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499
R9 - New Business and Commission Requests
R9B(1) Dr. Stanley Sutnick Citizen's Forum. (1:30 p.m.)
R9B(2) Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.)
AGENDA ITEM /0- -9 6
DATE (r -g-o0
500
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501
OFFICE OF THE MAYOR & COMMISSION
CITY OF MIAMI BEACH
INTEROFFICE MEMORANDUM
TO: JORGE M. GONZALEZ
CITY MANAGER
FROM: NEISEN 0. KASDIN
MAYOR
SUBJECT: FIRST NIGHT CONVENTION CENTER FEE WAIVER REQUEST
DATE: 10/13/00
First Night Miami Beach, a non-alcoholic event, is planning its third consecutive New Year's
program. They have already received a 10% fee reduction from the Convention Center Advisory
Board. However, they are seeking a full waiver of the Convention Center fees, as well as the
botanical garden rental fees and approximately 100 parking spaces for volunteer staff.
Please place this item on the November 8 City Commission agenda for consideration by the
Commission.
Agenda Item kgC
Date g —0 3
502
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503
,I1=••••
00 SEP 20 PM I I I
CITY OF MIAMI BEACH
OFFICE OF THE MAYOR & COMMISSION
MEMORANDUM
TO: Jorge Gonzalez, City Manager
FROM: Luis R. Garcia, Jr., City Commissioner
DATE: 9/ 18/00
RE: Agenda Item for September 27th Commission Meeting
I would like to request that a discussion item be placed on the Agenda of the September 27th
Commission meeting regarding reestablishing the now defunct Management Fellow
Program. I think that this program was effective in cross-training and skill development,
and serves to promote leadership from within the ranks of current City employees.
LRG/naf
Agenda Item g9I
Date g oo
504
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505
CITY OF MIAMI CH BEAN OCT 27 9" 1
OFFICE OF THE MAYOR & COMMISSION
MEMORANDUM
TO: JORGE M. GONZALEZ
CITY MANAGER
FROM: SIMON CRUZ
COMMISSION
DATE: OCTOBER 25, 2000
RE: AGENDA ITEM
Please place for discussion on the November 8 City Commission Agenda the ordinance
Limiting Sales of Beer and Wine for Off-Premises Consumption. At present we are
limiting the sale hours to 8:00 a.m. to 10:00 p.m. I am in favor of expanding the closing
time by an hour to 11:00 p.m.
SC/ml
Agenda Item E
Date ( 1 — gr C
506
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507
00 ocT27 pi/e: CITY OF MIAMI BEACH
OFFICE OF THE MAYOR & COMMISSION,k!
MEMORANDUM
TO: GEORGE M. GONZALEZ
CITY MANAGER
MURRY DUBBIN
CITY ATTORNEY
FROM:
DATE:
RE:
JOSE SMITH
COMMISSIONER
OCTOBER 27, 2000
ADULT ENTERTAINMENT ESTABLISHMENTS
At its last meeting, the Planning Board granted a conditional use permit to an adult entertainment
establishment on Lincoln Road.
I believe this use is inconsistent with the upscale image and vision we are attempting to project,
particularly on Lincoln Road.
Please schedule a time certain discussion of the adult entertainment establishment ordinance at our
next Commission Meeting. We should consider increasing distance separation requirements and any
other legally viable options to limit the proliferation of these establishments.
Thank you.
JS/ept
Agenda Item
Date 1/—
508
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509
R9 - New Business and Commission Requests
R9G The Committee of the Whole will Meet During Lunch Break in the City Manager's Large
Conference Room Regarding City Commission Meetings.
AGENDA ITEM IQ-96
DATE 0-e--00
510
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511
'•=1111111•11,
`MIMM=MIII=MI
CITY OF MIAMI BEACH
OFFICE OF THE MAYOR & COMMISSION
MEMORANDUM
TO:
FROM:
DATE:
RE:
JORGE GONZALEZ
CITY MANAGER
NANCY LIEBMAN
VICE MAYOR
OCTOBER 30, 2000
DISCUSSION OF RESIDENTIAL DESIGN GUIDELINES
Please place on the November 8 City Commission Agenda a discussion of the current
historic preservation design guidelines on single family homes. Residents of the Palm View
Historic District have expressed inequities in the current guidelines that were written to
address primarily commercial properties.
Please schedule it for a time-certain prior to the 5:00 Palm View rezoning hearing.
NL/hs
Agenda Item g---gfq
( I— Date
512
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513
OFFICE OF THE CITY ATTORNEY
64 qi:A,:eini 'Weed
F L 0 R 1 0 A
MURRAY H. DUBBIN
City Attorney Telephone: (305) 673-7470
Telecopy: (305) 673-7002
COMMISSION MEMORANDUM NO. b44----CD(D
TO: Mayor Neisen 0. Kasdin and
Members of the City Commission
DATE: November 8, 2000
FROM: Murray H. Dubbi
City Attorney
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA VESTING IN THE CITY MANAGER
OF THE CITY OF MIAMI BEACH, FLORIDA, OR THE CITY MANAGER'S
DESIGNEE, THE AUTHORITY TO SETTLE CODE COMPLIANCE LIENS,
SUBJECT TO CITY COMMISSION APPROVAL, WHERE SAID LIENS
ARE TO BE REDUCED BY MORE THAN $100,000 OR A CREDIT OF
$100,000 OR MORE IS TO BE GIVEN BY THE CITY.
Pursuant to the request of Commissioner Jose Smith, the above referenced Resolution is to
submitted for consideration by the Mayor and City Commission.
cc: Jorge M. Gonzalez
City Manager
FAATTO \ TURN \ COMMMEMO SETTLLEG.AMD
Agenda Item kcils
1700 Convention Center Drive -- Fourth Floor -- Miami Bead Date 1 —
514
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA VESTING IN THE CITY MANAGER
OF THE CITY OF MIAMI BEACH, FLORIDA, OR THE CITY MANAGER'S
DESIGNEE, THE AUTHORITY TO SETTLE CODE COMPLIANCE LIENS,
SUBJECT TO CITY COMMISSION APPROVAL, WHERE SAID LIENS
ARE TO BE REDUCED BY $100,000 OR MORE OR A CREDIT OF $100,000
OR MORE IS TO BE GIVEN BY THE CITY.
WHEREAS, pursuant to Section 4M2 of the Miami Beach City Charter, the functions and
powers of the City Manager are set forth; and
WHEREAS, pursuant to Section 4.02(k) of the Miami Beach City Charter, the City Manager
is authorized to perform such other duties as may be prescribed by the City Commission by
ordinance or resolution; and
WHEREAS, for the purpose of ensuring the expeditious handling of settlements with regard
to liability and workers' compensation claims, the Mayor and City Commission passed Resolution
No. 90-19982 on May 9, 1990 which vested in the City Manager, or the City Manager's designee,
the authority to settle all liability and workers' compensation claims for amounts up to and including
$100,000 filed against the City of Miami Beach self insurance fund; and
WHEREAS, the Mayor and City Commission deem it in the best interests of the City to
provide that the City Manager shall also have the authority to settle City code compliance liens,
subject to City Commission approval, where said liens are to be reduced by $100,000 or more or a
credit of $100,000 or more is to be given by the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the City Manager, or the
City Manager's designee, is hereby vested with the authority to settle City code compliance liens,
subject to City Commission approval, where said liens are to be reduced by $100,000 or more or a
credit of $100,000 or more is to be given by the City.
PASSED and ADOPTED this day of , 2000.
ATTEST:
MAYOR
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
/0- 2_7
1,
-a-e/
ate
515
R10 City Attorney Reports
OFFICE OF THE CITY ATTORNEY
CITY OF MIAMI BEACH
TO: Mayor Neisen Kasdin
CO CUT 23 AB 9t 32
Members of the City Commission
City Manager Jorge Gonzalez
FROM: Murray H. Dubbin
City Attorney
SUBJECT: Notice Notice of Closed Executive Session
DATE: October 19, 2000
Pursuant to Section 286.011, Florida Statutes, a Closed Executive Session will be held during lunch
recess of the City Commission meeting on November 8, 2000, in the City Manager's large
conference room, Fourth Floor, City Hall to discuss the following pending litigation:
William Zubkoff and Carolee Devito, his wife vs. The City of Miami Beach, a
municipal corporation. Eleventh Judicial Circuit, Case No. 99-10538 CA32.
The following individuals will be in attendance: Mayor Neisen Kasdin; Members of the
Commission: Matti H. Bower, Simon Cruz, David Dermer, Luis R. Garcia Jr., Nancy Liebman, and
Jose Smith; City Attorney Murray H. Dubbin, City Manager Jorge Gonzalez, Deputy City Attorney
Jean Olin, and First Assistant City Attorney Raul Aguila.
Agenda Item too7q-
Date /(-"-— GC)
516
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517
FROM: Murray H. Dubbin
City Attorney
OFFICE OF THE CITY ATTORNEY
CITY OF MIAMI BEACH
TO: Mayor Neisen Kasdin
Members of the City Commission
City Manager Jorge Gonzalez
SUBJECT: Notice of Closed Executive Session
DATE: November 2, 2000
Pursuant to Section 286.011, Florida Statutes, a Closed Executive Session will be held during lunch
recess of the City Commission meeting on November 8, 2000, in the City Manager's large
conference room, Fourth Floor, City Hall to discuss the following pending litigation:
Royal World Metropolitan Inc. vs. City of Miami Beach, Eleventh Judicial Circuit
Court, Case No. 99-17243 CA 23.
The following individuals will be in attendance: Mayor Neisen Kasdin; Members of the
Commission: Matti H. Bower, Simon Cruz, David Dermer, Luis R. Garcia Jr., Nancy Liebman, and
Jose Smith; City Attorney Murray H. Dubbin, City Manager Jorge Gonzalez, Deputy City Attorney
Robert Dixon First Assistant City Attorney Debora Turner Special Counsel Stephen N. Zack, Esq.,
and Jennifer Altman, Esq.
Agenda Item RI (D6
Date
518
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519
-Iz M -n E 0
cn x
E
> —1
5 z
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:fti.mianni-beach.fLus
COMMISSION MEMORANDUM NO. g62--DO
TO: Mayor Neisen 0. Kasdin and DATE: November 8, 2000
Members of the City Commission
tAirt-6Y
SUBJECT: PARKING STATUS REPORT
PARKING DEPARTMENT FINANCIAL REPORTS - SEPTEMBER 2000
EXECUTIVE SUMMARY
During the month of September 2000, the Parking Department's attended locations earned a net
profit of $305,261.86. This is an increase in net profit of $102,495.77 or 50.55% as compared to
the same period in the prior year. For the fiscal year, our net profit is $3,887,661.29 which
represents an increase of 10.65% as compared to the same period in the prior year.
A) 17th Street Municipal Parking Garage: September 2000
During the month of September 2000, the 17th Street Garage had net revenues of $145,036.16. Net
revenues are total revenues collected, minus sales tax, and are comprised of facility-specific access-
card revenues of $43,697.66, transient parking revenues of $96,088.50, and valet rental fees of
$5,250.00. When compared to the same month in the prior year (September 1999), net revenues
increased from $123,987.76 in 1999, to $145,036.16 in 2000; a 16.98% increase in net revenues.
After subtracting operating expenses of $56,441.03 the facility had a net profit for the month in the
amount of $88,595.13. This represents an increase in net profit for the facility in the amount of
$29,191.44, or 49.14% when compared to the same period in the previous year. This increase is
attributable to an increase in transient parking revenues of $23,637.31 and a decrease in security and
attendant cashier labor expenses of $8,519.31. The prior September we experienced higher than
normal costs due to expenses related to training the staff of our new Attendant/Cashier contractor.
The 17th Street Garage served a total of 62,465 parkers in the month of September, 2000.
B) 7th Street Municipal Parking Garage: September 2000
During the month of September 2000, the 7th Street Municipal Parking Garage had net revenues of
$152,756.54. Net revenues are comprised of facility-specific access-card revenues of $12,300.00
and transient parking revenues of $140,456.54.
AGENDA ITEM A
DATE ((_ °
FROM: Jorge M. Gonzalez
City Manager
520
When compared to the same month in the prior year (September 1999), net revenues increased from
$132,686.66 in 1999, to $152,756.54 in 2000; a 15.13% increase in net revenues. The increase in
net revenues is due to increased transient parking revenue.
After subtracting operating expenses of $41,944.81 and debt service of $52,500.00 the facility had
a net profit for the month in the amount of $58,311.73. This is an increase in net profit of
$22,584.26 or 63.21% as compared to the same period in the previous year, 1999. The increase in
profit is primarily due to the increase in transient parking revenue of $20,144.88 and a decrease in
debt service of $2,500.00.
The 7th Street Garage served a total of 36,382 parkers in the month of September, 2000.
C) 5-A Municipal Surface Parking Lots (Washington Avenue to Pennsylvania and 17th
Street): September 2000
During the month of September 2000, the 5-A Surface Lots had net revenues of $131,542.35. Net
revenues are comprised of facility-specific access-card revenues of $20,725.00 and transient
parking revenues of $110,817.35. When compared to the same period in the prior year (September
1999), net revenues increased from $101,063.47 in 1999, to $131,542.35 in 2000; representing a
30.16% increase in net revenues.
After subtracting operating expenses of $19,520.46 the facility had a net profit for the month in the
amount of $112,021.89. This is an increase in net profit of $32,587.06 or 41.02% from September
1999. This lot experienced an increase in both transient parking revenue and monthly permit
revenue in September.
The 5-A Municipal Surface Parking Lot served a total of 38,718 parkers in the month of September,
2000.
D) 12th Street Municipal Parking Garage: September 2000
The Parking Department converted the operations of the 12th Street Municipal Parking Garage from
a metered operation to an attended operation in November 1999. Previously, the garage was only
attended on the weekends. During the month of September 2000, the 12th Street Garage had net
revenues of $29,084.85. Net revenues are comprised of facility-specific monthly parking revenues
of $4,650.00 and transient parking revenues of $24,434.85. When compared to the revenues
generated by the facility as a metered garage (attended on weekends) the previous year of
$18,246.12, to this year, $29,084.85, the $10,838.73 increase represents an increase in net revenues
of 59.40% over the previous year.
After subtracting operating expenses of $13,930.66 the facility had a net profit for the month in the
amount of $15,154.19.
The 12th Street Garage served a total of 4,982 transient parkers in the month of September, 2000.
521
E) 13th Street Municipal Parking Garage: September 2000
During the month of September, 2000, the 13th Street Garage had net revenues of $54,025.66. Net
revenues are comprised of facility-specific monthly parking revenues of $6,150.00 and transient
parking revenues of $47,875.66. Compared to the same month in the prior year (September 1999),
net revenues increased from $47,342.91 in 1999, to $54,025.66 in 2000; representing a 14.12%
increase in net revenues.
After subtracting operating expenses of $23,435.90 the facility had a net profit for the month in the
amount of $30,589.76. This is an increase in net profit of $6,705.12 or 28.07% from September
1999. The increase in net profit is attributed to increased transient parking revenues of $7,057.75.
The 13th Street Garage served a total of 13,123 parkers in the month of September, 2000. Of these
parkers, 997 were Zone 5 residents; 1,962 were monthly parkers; and the balance were transient
parkers.
F) 42nd Street Municipal Parking Garage: September 2000
During the month of September, 2000, the 42nd Street Garage had net revenues of $10,863.14. Net
revenues are comprised of facility-specific monthly parking revenues of $9,250.00 and transient
parking revenues of $1,613.14. The Parking Department opened the 42nd Street Municipal Parking
Garage on August 14, 2000 so there is no prior year comparable data.
After subtracting operating expenses of $10,273.98 the facility had a net profit for the month in the
amount of $589.16.
The 42nd Street Garage served a total of 4,372 transient parkers in the month of September, 2000.
G) Electronic Parking Meter Revenue Comparison: September 2000
This statement compares meter revenue collected in September 2000, with revenue collected in
September 1999. When comparing meter revenues for September 2000 in the amount of
$521,262.46, to meter revenues for September 1999 in the amount of $236,461.81, the report reflects
an increase of 120.44% in meter revenues collected. Some of this increase can be attributed to the
new electronic meters and their efficiency, as well as the elimination of the parking meter revenue
theft that occurred last year, the increased coin storage capacity of the new meter housings, and an
increase in demand for on-street parking.
Meter revenue collected does not reflect the change in monthly decal parkers (both commercial and
residential), valet rental or construction rental of meters, or metered surface lots or garages either
taken out of service, or managed differently than the previous year. In the month of September,
2000 decal and permit revenue increased by $36,210.52 and meter rental revenue (valet,
construction, and special events) increased $69,312.53. The combined total revenue produced at
meters for the month of September 2000 (for coins collected, the increase in lot-specific decals, and
meter rental) was $626,785.51. This reflects an increase from the previous year in the amount of
522
$390,323.70 or 165.07%.
H) Parking and Transportation Smart Card Sales: September 2000
In the month of September 2000, the Parking Department sold 1,083 Parking Meter Cards to
merchants, vendors, hoteliers and the public, for pre-sale revenues in the amount of $22,770.00.
II. PARKING DEPARTMENT ANNUAL FINANCIAL REPORTS
Following is the Parking Department's annual location specific financial report. Fiscal 1999/2000
was another successful profit-making year. As stated above, for the fiscal year, our net profit is
$3,887,661.29 which represents an increase of 10.65% as compared to the same period in the prior
year.
A) 17th Street Garage: Fiscal Year 1999/2000
During the fiscal year 1999/2000, the 17th Street Garage had net revenues of $1,688,177.75. Net
revenues include facility-specific access-card revenues of $488,054.91, transient parking revenues
of $1,140,872.84 and valet rental fees of $59,250.00.
After subtracting operating expenses of $702,385.12, the facility had a net profit for the fiscal year
in the amount of $985,792.63. This is an increase in net profit of $39,071.92 or 4.13% over fiscal
year 1998/1999.
B) 7th Street Garage: Fiscal Year 1999/2000
During the fiscal year 1999/2000, the 7th Street Garage had net revenues of $2,079,569.70. Net
revenues include facility-specific access-card revenues of $147,675.00 and transient parking
revenues of $1,931,894.70.
After subtracting operating expenses of $514,219.21 and debt service of $630,000.00, the facility
had a net profit for the fiscal year in the amount of $935,350.49. This is an increase in net profit of
$113,898.26 or 13.87% over fiscal year 1998/1999.
C) 5-A Surface Parking Lot (Washington Avenue to Pennsylvania and 17th Street):
Fiscal Year 1999/2000
During the fiscal year 1999/2000, the 5-A Surface Parking Lot had net revenues of $1,549,629.79.
Net revenues include facility-specific access-card revenues of $197,295.95 and transient parking
revenues of $1,352,333.84.
After subtracting operating expenses of $237,787.41 the facility had a net profit for the fiscal year
in the amount of $1,311,842.38. This is an increase in net profit of $134,198.47 or 11.40% over
fiscal year 1998/1999.
523
D) 13th Street Garage: Fiscal Year 1999/2000
During the fiscal year 1999/2000, the 13th Street Garage had net revenues of $700,964.96. Net
revenues include facility-specific access-card revenues of $87,669.13 and transient parking revenues
of $613,295.83.
After subtracting operating expenses of $287,879.71 the facility had a net profit for the fiscal year
in the amount of $413,085.25. This is a decrease in net profit of $15,934.07 or 3.71% over fiscal
year 1998/1999. This decrease is due to increased costs for security, attendant cashiers and cleaning
services.
E) Meter Revenue Comparison: Fiscal Year 1999/2000
Parking meter revenue collected in fiscal year 1999/2000 amounted to $6,818,473.44 versus
$6,102,665.16 for 1998/1999. This is an increase of $715,808.28 or 11.73%.
MG! CMCISF-
F:IPINGISMANIJIMICOMMISS110011081PARKSTAT.WPD
524
CITY OF MIAMI BEACH
PARKING DEPARTMENT
17th St. Garage
PROFIT AND LOSS STATEMENT
LOCATION ACCOUNTING CODE
1999
September
2000
September
Increase/
(Decrease)
Percent of
Increase/
(Decrease)
17th St. Garage-2G
Revenue-Ticket 480-0463-344583 72,451.19 96,088.50 23,637.31
Revenue - Valet 480-0463-344583 4,000.00 5,250.00 1,250.00
Revenue-Monthly Permits 480-0463-344514 47,536.57 43,697.66 -3,838.91
17th St. Garage REVENUE 123,987.76 145,036.16 21,048.40 16.98%
(Sales Tax Excluded)
Expenses
Security Personnel 17,177.06 12,817.63 -4,359.43
Attendant/Cashier Labor 36,324.54 32,164.66 -4,159.88
FP&L 4,885.29 5,261.56 376.27
Revenue Control Equipment Maintenance 1,666.67 1,666.67 0.00
Armed Guard Revenue Pickup 517.18 517.18 0.00
Elevator Maintenance 613.00 613.00 0.00
Landscape Maintenance 108.33 108.33 0.00
Garage Cleaning/Maintenance 3,292.00 3,292.00 0.00
17th St. Garage EXPENSES 64,584.07 56,441.03 -8,143.04 -12.61%
17th St. Garage PROFIT/(LOSS) 59,403.69 88,595.13 29,191.44 49.14%
525
Parking Department
17th Street Garage
Date Day
Total
Vehicle
Entries
Peak
Period
Peak
Vehicle
Count
Daily
Ticket
Revenue
1 Friday 2784 22:00 - 22:59 465 $3,750.23
2 Saturday 3462 13:00 - 13:59 421 $12,999.06
3 Sunday 3443 13:00 -13:59 554 $11,287.04
4 Monday 2489 13:00 - 13:59 519 $8,009.39
5 Tuesday 2135 19:00 - 19:59 433 $2,248.83
6 Wednesday 1796 18:00 -18:59 283 $1,106.10
7 Thursday 1869 17:00 -17:59 297 $1,192.49
8 Friday 2159 18:00 - 18:59 315 $1,790.61
9 Saturday 2013 20:00 - 20:59 380 $4,888.26
10 Sunday 1113 00:00 - 00:59 231 $1,258.22
11 Monday 1782 18:00 - 18:59 295 $983.10
12 Tuesday 1710 17:00 - 17:59 296 $939.91
13 Wednesday 1885 18:00 - 18:59 305 $1,066.67
14 Thursday 2073 18:00 - 18:59 347 $2,080.06
15 Friday 2207 07:00 - 07:59 407 $1,856.22
16 Saturday 1966 22:00 - 22:59 367 $3,317.37
17 Sunday 1182 00:00 - 00:59 257 $1,495.77
18 Monday 2190 13:00 - 13:59 381 $2,405.63
19 Tuesday 1927 09:00 - 09:59 340 $1,337.09
20 Wednesday 2542 09:00 - 09:59 548 $4,881.16
21 Thursday 2500 09:00 - 09:59 585 $3,261.05
22 Friday 2305 17:00 - 17:59 344 $1,921.13
23 Saturday 1790 00:00 - 00:59 164 $5,630.05
24 Sunday 1913 00:00 - 00:59 347 $3,895.77
25 Monday 1382 10:00 - 10:59 412 $4,105.16
26 Tuesday 2165 17:00 - 17:59 375 $1,774.65
27 Wednesday 1968 18:00 -18:59 317 $1,299.50
28 Thursday 1994 12:00 - 12:59 315 $1,373.71
29 Friday 2212 18:00 - 18:59 331 $1,816.90
30 Saturday 1509 14:00 - 14:59 213 $2,117.37
TOTAL 62,465 $96,088.50
MONTHLY PERMIT REVENUE $43,697.66
VALET REVENUE $5,250.00
TOTAL NET REVENUE $145,036.16
526
CITY OF MIAMI BEACH
PARKING DEPARTMENT
7th St. Garage
PROFIT AND LOSS STATEMENT
LOCATION ACCOUNTING CODE
1999
September
2000
September
Increase/
(Decrease)
Percent of
Increase/
(Decrease)
7th St. Garage-1G
Revenue-Ticket 142-6976-344404 120,311.66 140,456.54 20,144.88
Revenue-Monthly Permits 142-6976-344404 12,375.00 12,300.00 -75.00
7th St. REVENUE 132,686.66 152,756.54 20,069.88 15.13%
(Sales Tax Excluded)
Expenses
Security Personnel 14,186.12 15,398.85 1,212.73
Attendant/Cashier Labor 16,974.99 15,663.07 -1,311.92
Landscape Maintenance 957.67 984.00 26.33
FP&L 2,337.23 2,395.71 58.48
Revenue Control Equipment Maintenance 700.00 700.00 0.00
Garage Cleaning/Maintenance 4,864.00 4,864.00 0.00
Armed Guard Revenue Pickup 517.18 517.18 0.00
Elevator Maintenance 985.00 985.00 0.00
Surveillance System Maintenance 437.00 437.00 0.00
7th St. EXPENSES 41,959.19 41,944.81 -14.38 -0.03%
7th St. Estimated Debt Service 55,000.00 52,500.00 -2,500.00 -4.55%
7th St. PROFIT/(LOSS) 35,727.47 58,311.73 22,584.26 63.21%
527
TOTAL GROSS REVENUE $162,685.72
SALES TAX $9,929.18
TOTAL NET REVENUE $152,756.54
$114,813.75
$152,756.54
$37,942.79
Monthly Budgeted Revenue Needed to Break Even - FY 99/00
(Includes Debt Service)
Less Current Month Net Revenue
Over/(Short)
Monthly Space Rental
Goldman Properties 12939.75
Other 159.75
City of Miami Beach
Parking Department
September 2000
7th Street Garage
Date Day
Total
Vehicle
Entries
Peak
Period
Peak
Vehicle
Count
Monthly
Space Rental
Daily
Revenue
1 Friday 1622 22:00 - 22:59 291 $436.65 $8,326.00
2 Saturday 2511 18:00 - 18:59 337 $436.65 $11,521.00
3 Sunday 2524 20:00 - 20:59 331 $436.65 $11,992.00
4 Monday 2098 16:00 - 16:59 316 $436.65 $7,707.00
5 Tuesday 622 18:00 -•18:59 109 $436.65 $2,222.00
6 Wednesday 460 20:00 - 20:59 71 $436.65 $1,424.00
7 Thursday 672 19:00 - 19:59 109 $436.65 $2,064.00
8 Friday 1144 23:00 - 23:59 232 $436.65 $6,736.00
9 Saturday 2228 00:00 - 00:59 298 $436.65 $9,484.29
10 Sunday 1264 00:00 - 00:59 248 $436.65 $4,520.00
11 Monday 585 18:00 - 18:59 93 $436.65 $1,608.00
12 Tuesday 565 19:00 - 19:59 96 $436.65 $1,762.00
13 Wednesday 636 20:00 - 20:59 112 $436.65 $2,064.00
14 Thursday 834 19:00 -19:59 118 $436.65 $2,414.00
15 Friday 1287 23:00 - 23:59 279 $436.65 $7,079.00
16 Saturday 1871 23:00 - 23:59 281 $436.65 $8,455.00
17 Sunday 1182 00:00 - 00:59 243 $436.65 $3,655.00
18 Monday 700 18:00 - 18:59 113 $436.65 $2,232.00
19 Tuesday 504 16:00 - 16:59 84 $436.65 $1,588.00
20 Wednesday 668 19:00 - 19:59 125 $436.65 $2,109.00
21 Thursday 738 19:00 -19:59 113 $436.65 $2,293.00
22 Friday 1431 23:00 - 23:59 272 $436.65 $7,304.00
23 Saturday 2278 16:00 - 16:59 313 $436.65 $10,305.00
24 Sunday 2004 17:00 - 17:59 330 $436.65 $7,453.00
25 Monday 719 15:00 - 15:59 104 $436.65 $2,314.00
26 Tuesday 629 19:00 - 19:59 101 $436.65 $2,006.00
27 Wednesday 638 19:00 - 19:59 129 $436.65 $2,135.93
28 Thursday 742 19:00 -19:59 117 $436.65 $2,134.00
29 Friday 1075 23:00 - 23:59 196 $436.65 $5,384.00
30 Saturday 2151 16:00 - 16:59 299 $436.65 $9,295.00
TOTAL 36,382 5860.00 $13,099.50 $149,586.22
528
CITY OF MIAMI BEACH
PARKING DEPARTMENT
5A Surface Lots East and West
PROFIT AND LOSS STATEMENT
LOCATION ACCOUNTING CODE
1999
September
2000
September
Increase/
(Decrease)
Percent of
Increase/
(Decrease)
17th St. Parking Lots - 5A
Revenue-Ticket 480-8000-344515 85,251.25 110,817.35 25,566.10
Revenue-Valet 480-8000-344515 0.00 0.00 0.00
Revenue-Monthly Permits 480-8000-344596 15,812.22 20,725.00 4,912.78
17th St. Lots REVENUE 101,063.47 131,542.35 30,478.88 30.16%
(Sales Tax Excluded)
Expenses
Security Personnel 787.02 817.29 30.27
Attendant/Cashier Labor 18,247.37 16,050.83 -2,196.54
Revenue Control Equipment Maintenance 1,666.67 1,666.67 0.00
Landscape Maintenance 502.67 502.67 -0.00
FP&L 424.91 483.00 58.09
17th St. Lots EXPENSES 21,628.64 19,520.46 -2,108.18 -9.75%
17th St. Lots PROFIT/(LOSS) 79,434.83 112,021.89 32,587.06 41.02%
529
City of Miami Beach
Parking Department
September 2000
5A Surface Lots East and West
Date Day
East East West West Total
Total
Vehicle
Entries
Daily
Ticket
Revenue
Total
Vehicle
Entries
Daily
Ticket
Revenue
Daily
Ticket
Revenue
1 Friday 1,013 $3,446.01 615 $1,868.54 $5,314.55
2 Saturday 1,008 $4,617.84 892 $4,400.94 $9,018.78
3 Sunday 1,063 $4,475.12 1,088 $4,195.31 $8,670.43
4 Monday 772 $2,446.01 628 $2,198.12 $4,644.13
5 Tuesday 733 $1,354.93 479 $691.08 $2,046.01
6 Wednesday 637 $1,042.25 367 $461.03 $1,503.28
7 Thursday 684 $1,036.62 439 $553.05 $1,589.67
8 Friday 786 $4,131.46 496 $1,348.36 $5,479.82
9 Saturday 802 $4,170.89 433 $2,016.90 $6,187.79
10 Sunday 587 $1,268.54 320 $645.07 $1,913.61
11 Monday 643 $1,128.64 392 $512.68 $1,641.32
12 Tuesday 672 $1,136.15 410 $579.34 $1,715.49
13 Wednesday 667 $1,046.95 414 $493.90 $1,540.85
14 Thursday 798 $2,214.08 576 $1,377.46 $3,591.54
15 Friday 827 $2,330.52 489 $1,227.23 $3,557.75
16 Saturday 845 $3,907.98 493 $1,936.15 $5,844.13
17 Sunday 724 $2,149.30 378 $846.95 $2,996.25
18 Monday 772 $3,019.72 658 $1,535.21 $4,554.93
19 Tuesday 682 $1,520.19 506 $837.56 $2,357.75
20 Wednesday 849 $2,321.13 600 $1,307.98 $3,629.11
21 Thursday 886 $2,045.07 683 $1,342.72 $3,387.79
22 Friday 888 $2,631.92 500 $1,310.80 $3,942.72
23 Saturday 845 $4,408.45 559 $2,648.83 $7,057.28
24 Sunday 791 $1,942.72 595 $1,306.10 $3,248.82
25 Monday 385 $1,301.41 486 $1,266.67 $2,568.08
26 Tuesday 684 $1,280.75 445 $713.62 $1,994.37
27 Wednesday 701 $1,088.26 449 $691.08 $1,779.34
28 Thursday 827 $1,593.88 426 $615.96 $2,209.84
29 Friday 752 $1,650.70 432 $891.08 $2,541.78
30 Saturday 726 $1,707.98 421 $2,582.16 $4,290.14
TOTAL 23,049 $68,415.47 15,669 $42,401.88 $110,817.35
MONTHLY PERMIT REVENUE $20,725.00
TOTAL NET REVENUE $131,542.35
530
CITY OF MIAMI BEACH
PARKING DEPARTMENT
12th St. Garage
PROFIT AND LOSS STATEMENT
LOCATION ACCOUNTING CODE
2000
September
12th St. Garage - 2A
Revenue-Ticket 480-8000-344504 24,434.85
Revenue-Monthly Permits 480-8000-344593 4,650.00
12th St. REVENUE 29,084.85
(Sales Tax Excluded)
Expenses
Security Personnel 5,802.52
Attendant/Cashier Labor 6,634.79
FP&L 83.35
Elevator Maintenance 125.00
Garage Cleaning/Maintenance 1,285.00
12th St. EXPENSES 13,930.66
12th St. PROFIT/(LOSS) 15,154.19
531
CITY OF MIAMI BEACH
PARKING DEPARTMENT
13th St. Garage
PROFIT AND LOSS STATEMENT
LOCATION ACCOUNTING CODE
1999
September
2000
September
Increase/
Decrease
Percent of
Increase/
Decrease
13th St. Garage-17A
Revenue-Ticket 480-8000-344566 40,817.91 47,875.66 7,057.75
Revenue-Monthly Permits 480-8000-344527 6,525.00 6,150.00 -375.00
13th St. REVENUE 47,342.91 54,025.66 6,682.75 14.12%
(Sales Tax Excluded)
Expenses
Security Personnel 7,230.67 6,766.78 -463.89
Attendant/Cashier Labor 12,862.23 13,405.01 542.78
Landscape Maintenance 216.67 216.67 -0.00
FP&L 1,009.52 900.01 -109.51
Elevator Maintenance 304.00 304.00 0.00
Armed Guard Revenue Pickup 517.18 517.18 0.00
Garage Cleaning/Maintenance 1,318.00 1,326.25 8.25
13th St. EXPENSES 23,458.27 23,435.90 -22.37 -0.10%
13th St. PROFIT/(LOSS) 23,884.64 30,589.76 6,705.12 28.07%
532
City of Miami Beach
Parking Department
13th Street Garage
Date Day
Residential
Decals
Monthly
Permits Handicap
City Wide
Decals
Standard
Attendants
Armor
Security
Best
Maintenance
Daily
Tickets
Total
Entries
Daily
Ticket
Revenue
1 Friday 36 77 0 1 9 4 0 434 561 $2,296.71
2 Saturday 28 32 1 2 8 8 1 437 517 $2,469.48
3 Sunday 24 25 3 0 4 3 0 441 500 $2,493.90
4 Monday 30 37 2 2 11 1 0 472 555 $2,687.32
5 Tuesday 31 88 1 1 11 1 0 271 404 $1,091.08
6 Wednesday 37 95 1 2 6 3 1 216 361 $854.46
7 Thursday 38 105 2 1 8 2 0 267 423 $1,006.57
8 Friday 41 98 1 2 10 3 0 391 546 $2,031.92
9 Saturday 37 27 1 0 6 6 0 464 541 $2,617.84
10 Sunday 30 20 0 0 6 5 0 252 313 $1,408.45
11 Monday 39 89 1 2 11 1 0 225 368 $890.14
12 Tuesday 36 87 1 1 10 2 0 232 369 $893.90
13 Wednesday 31 82 0 1 9 2 0 266 391 $1,025.35
14 Thursday 30 85 1 2 8 3 0 261 390 $980.28
15 Friday 37 78 0 2 10 6 0 374 507 $1,973.71
16 Saturday 35 32 1 2 4 6 0 368 448 $2,086.38
17 Sunday 24 20 0 2 4 6 1 244 301 $1,332.97
18 Monday 34 76 1 2 9 1 0 296 419 $1,179.34
19 Tuesday 36 85 1 3 7 1 0 254 387 $985.92
20 Wednesday 37 84 0 0 5 2 2 274 404 $1,074.18 21 Thursday 34 74 1 0 7 3 0 299 418 $1,123.00 22 Friday 44 76 0 1 5 4 0 387 517 $2,035.68 23 Saturday 27 29 2 0 1 6 0 434 499 $2,486.38
24 Sunday 30 28 2 0 4 2 0 411 477 $2,324.88
25 Monday 27 82 1 0 10 1 1 259 381 $1,098.59 26 Tuesday 30 81 1 0 10 1 1 239 363 $925.82
27 Wednesday 35 90 0 1 8 2 0 248 384 $946.48
28 Thursday 34 76 0 0 7 2 1 262 382 $987.79
29 Friday 30 71 2 1 5 2 1 358 470 $2,022.54
30 Saturday 35 33 1 1 4 6 0 447 527 $2,544.60
TOTAL 997 1,962 28 32 217 95 9 9,783 13,123 $47,875.66
MONTHLY PERMIT REVENUE $6,150.00
TOTAL NET REVENUE $54,025.66
533
CITY OF MIAMI BEACH
PARKING DEPARTMENT
42nd St. Garage
PROFIT AND LOSS STATEMENT
LOCATION ACCOUNTING CODE
2000
September
42nd St. Garage - 8A
Revenue-Ticket 480-8000-344531, 1,613.14
Revenue-Monthly Permits 480-8000-344595 9,250.00
42nd St. REVENUE 10,863.14
(Sales Tax Excluded)
Expenses
Security Personnel 5,845.98
Attendant/Cashier Labor 3,133.42
FP&L 9.58
Garage Cleaning/Maintenance 1,285.00
42nd St. EXPENSES 10,273.98
42nd St. PROFIT/(LOSS) 589.16
534
PARKING DEPARTMENT
ELECTRONIC METER REVENUE COMPARISON
LOCATION ACCOUNTING CODE
1999
September
2000
September
Increase/
(Decrease)
Percent of
Increase/
(Decrease)
20X - (Collins Ave & 27th St) - Off Street 480-8000-344572 2,183.99 1,959.51 -224.48 -10.28%
22X - (Carlyle & 72nd St ) - Off Street 480-8000-344574 76.82 62.02 -14.80 -19.27%
23X - (83rd & Abbott) - Off Street 480-8000-344575 0.00 0.00 0.00
24X - (Normandy Isle & Bay Dr) - On Street 480-8000-344576 1,041.82 2,093.05 1,051.23 100.90%
24A - (Normandy Isle & Bay Dr) - Off Street 480-8000-344577 0.00 821.30 821.30
24B - (Normandy Isle & Vendome) - On Street 480-8000-344578 0.00 239.68 239.68
24C - (Normandy Isle & Bay Rd S/S) - On Street 480-8000-344579 0.00 54.51 54.51
25X - (Bonita Drive & 71st St) - Off Street 480-8000-344580 0.00 521.43 521.43
26X - (Collins, 79th to 87th Terr) - On Street 480-8000-344581 2.50 2,050.65 2,048.15 81926.00%
10X - (Lincoln Lane & Lenox - Off Street) 480-8000-344582 502.31 5,169.95
10X - (Lincoln Lane & Lenox - Off Street) 480-8000-344582 2,592.14 0.00
Total 3,094.45 5,169.95 2,075.50 67.07%
26A - (Collins & 80th Street) - Off Street 480-8000-344584 0.00 321.30
26A - (Collins & 80th Street) - Off Street 480-8000-344584 136.15 89.20
Total 136.15 410.50 274.35
26B - (Collins & 84th Street) - Off Street 480-8000-344585 0.00 265.51
26B - (Collins & 84th Street) - Off Street 480-8000-344585 281.69 14.08
Total 281.69 279.59 -2.10 0.00%
4E (Purdy & 18th Street) - Off Street 480-8000-344586 1,241.52 1,796.04 554.52 44.66%
8G - (40th Street & Royal Palm) - Off Street 480-8000-344592 1,315.60 1,936.37 620.77 47.19%
8H - (40th Street & Prairie) - Off Street 480-8000-344594 1,617.53 2,548.67 931.14 57.57%
26C - (Collins & 79th Street) - Off Street 480-8000-344600 0.00 225.90
26C - (Collins & 79th Street) - Off Street 480-8000-344600 244.13 14.08
Total 244.13 239.98 -4.15
26D - (Collins & 83rd Street) - Off Street 480-8000-344601 0.00 21.64
26D - (Collins & 83rd Street) - Off Street 480-8000-344601 159.62 455.39
Total 159.62 477.03 317.41 0.00%
SLSPOO - (Southpoint Lot) - Off Street 480-8000-344602 3,041.40 5,240.98 2,199.58 72.32%
4th & Alton Lot - Off Street 480-8000-344604 0.00 142.70 142.70
4A - (1433 Bay Road) - Off Street 480-8000-344608 0.00 606.65 606.65
10H - (Lincoln Rd. So. & Lenox) 480-8000-344611 0.00 753.70 753.70
TOTAL 236,461.81 521,262.46 284,800.65 120.44%
535
PARKING DEPARTMENT
ELECTRONIC METER REVENUE COMPARISON
LOCATION ACCOUNTING CODE
1999
September
2000
September
Increase/
(Decrease)
Percent of
Increase/
(Decrease)
10A - (Lincoln Lane & Lenox) - Off Street 480-8000-344544 469.60 4,147.87
10A - (Lincoln Lane & Lenox) - Attended 480-8000-344544 0.00 0.00
Total 469.60 4,147.87 3,678.27 783.28%
10B - (Lincoln Lane & Michigan) - Off Street 480-8000-344545 3,101.72 7,478.83
10B - (Lincoln Lane & Michigan) - Attended 480-8000-344545 0.00 0.00
Total 3,101.72 7,478.83 4,377.11 141.12%
10C - (Lincoln Lane & Meridian) - Off Street 480-8000-344546 2,252.23 14,966.01
10C - (Lincoln Lane & Meridian) - Off Street 480-8000-344546 0.00 0.00
2,252.23 14,966.01 12,713.78 564.50%
10D - (Lincoln Lane & Jefferson - W) - Off Street 480-8000-344547 4,312.13 5,072.02 759.89 17.62%
10E - (Lincoln Lane & Jefferson - E) - Off Street 480-8000-344548 922.18 1,831.54 909.36 98.61%
1OF - (Lincoln Lane & Euclid) - Off Street 480-8000-344549 2,727.02 3,147.85 420.83 15.43%
10G - (Lincoln Lane & Michigan) - Off Street 480-8000-344550 1,000.47 1,601.88 601.41 60.11%
11X - (Collins & 11th Street) - Off Street 480-8000-344551 10.64 0.00
11X - (Collins & 11th Street) - Attended 480-8000-344551 1,070.41 1,290.13
Total 1,081.05 1,290.13 209.08 19.34%
12X - (Washington & 9th Street) - Off Street 480-8000-344552 44.61 2,192.55 2,147.94 4814.93%
13X - (Washington & 10th Street) - Off Street 480-8000-344553 1,026.20 3,239.68 2,213.48 215.70%
15X - (16th to 18th East of Collins) - On Street 480-8000-344556 264.19 8,876.08 8,611.89 3259.73%
15A - (Washington, 17th to 20th) - On Street 480-8000-344557 1,475.23 8,497.63 7,022.40 476.02%
15B - (Convention Center Drive) - On Street 480-8000-344558 1,515.72 2,455.66 939.94 62.01%
16X - (25th to 32nd, E of Collins) - On Street 480-8000-344559 5,755.50 3,307.30 -2,448.20 -42.54%
16A - (35th to 43rd, E of Collins) - On Street 480-8000-344560 4,803.68 1,742.73 -3,060.95 -63.72%
16B - (Indian Crk Dr, 27th to 32nd) - On Street 480-8000-344561 3,957.95 2,926.83 -1,031.12 -26.05%
16C - ( Indian Crk - 33rd to 43rd) 480-8000-344562 6,883.43 4,143.95 -2,739.48 -39.80%
16D - (Collins Ave & 34th St) - Off Street 480-8000-344563 1,296.46 1,009.79 -286.67 -22.11%
16E - (Collins Ave & 35th St) - Off Street 480-8000-344564 1,894.78 1,934.69 39.91 2.11%,
17X - (Collins & 13th Street) - Off Street 480-8000-344565 1,018.04 1,773.77
17X - (Collins & 13th Street) - Attended 480-8000-344565 5,492.96 7,712.67
Total 6,511.00 9,486.44 2,975.44 45.70%
18X - (Indian Crk & 65th St) - Off Street 480-8000-344567 27.80 82.45 54.65 196.58%
18A - (Collins & 64th St) - Off Street 480-8000-344568 796.92 1,584.55 787.63 98.83%
19X - (Collins & 46th Street) - Off Street 480-8000-344569 5,252.93 11,004.28
19X - (Collins & 46th Street) - Off Street 480-8000-344569 11,802.82 17,446.01
Total 17,055.75 28,450.29 11,394.54 66.81%
19A - (Collins & 46th Street) - On Street 480-8000-344570 929.93 1,897.24 967.31 104.02%
19B - (Collins & 53rd Street) - Off Street 480-8000-344571 563.14 1,419.94
19B - (Collins & 53rd Street) - Off Street 480-8000-344571 3,723.01 3,380.28
Total 4,286.15 4,800.22 514.07 11.99%
536
PARKING DEPARTMENT
ELECTRONIC METER REVENUE COMPARISON
LOCATION ACCOUNTING CODE
1999
September
2000
September
Increase/
(Decrease)
Percent of
Increase/
(Decrease)
lx - (Washington - 4th & Lincoln) - On Street 480-8000-344501 15,958.50 28,427.94 12,469.44 78.14%
1A - (1st Street & Ocean Dr.) - Off Street 480-8000-344502 3,032.05 5,560.94 2,528.89 83.41%
2A - (12th Street & Drexel) - Off Street 480-8000-344504 1,075.34 24,434.85
2A - (12th Street & Drexel) - Attended 480-8000-344504 0.00 0.00
Total 1,075.34 24,434.85 23,359.51 2172.29%
2X - (Washington - 5th & Lincoln) - On Street 480-8000-344503 17,052.11 35,829.21 18,777.10 110.12%
2B - (6/7 & Meridian) - Off Street 480-8000-344505 158.10 116.14 -41.96 -26.54%
3X - (Collins & Euclid Ave.) On Street 480-8000-344507 1,772.25 8,331.81 6,559.56 370.13%
4X - (Alton 7th St.- Dade Blvd.) - On Street 480-8000-344509 12,401.74 46,482.26 34,080.52 274.80%
4B - (Alton & 20th St.-Purdy-Dade Blvd.) - On Street 480-8000-344511 2,746.00 4,303.79 1,557.79 56.73%
4C - (\Nest Ave & 17th St. ) - Off Street 480-8000-344512 5,612.54 5,405.73 -206.81 -3.68%
4D - (West Ave & Lincoln Rd. ) - Off Street 480-8000-344513 1,146.58 1,340.25 193.67 16.89%
5C - (Convention Ctr. Dr. & 17th Street) - Off Street 480-8000-344517 1,355.30 1,777.15 421.85 31.13%
5F - (Meridian Ave & 18th Street) - Off Street 480-8000-344519 717.28 236.51 -480.77 -67.03%
5H - (Meridian Ave & 19th Street) - Off Street 480-8000-344521 321.64 580.73 259.09 80.55%
6X - (Collins - 20th to 24th St) - On Street 480-8000-344522 2,559.21 14,732.63 12,173.42 475.67%
6B - (Collins Ave & 21st Street) - Off Street 480-8000-344524 597.05 4,882.11
6B - (Collins Ave & 21st Street) - Off Street 480-8000-344524 0.00 3,154.94
Total 597.05 8,037.05 7,440.00 1246.13%
7X - (Ocean - Biscayne - 15th St) - On Street 480-8000-344525 48,586.10 90,245.79 41,659.69 85.74%
7A - (Collins Ave, 4th to 15th St) - On Street 480-8000-344526 23,330.59 45,953.49 22,622.90 96.97%
7C - (Collins Ave & 6th St) - Off Street 480-8000-344528 270.45 1,037.71 767.26 283.70%
8X - (Pinetree-Alton - 40th to 42nd St) - On Street 480-8000-344530 927.02 14,431.33 13,504.31 1456.74%
8B - (42nd Street & Royal Palm) - Off Street 480-8000-344532 776.98 3,559.14 2,782.16 358.07%
8C - (40/41 Street & Chase) - Off Street 480-8000-344533 812.27 1,354.13 541.86 66.71%
8D - (47th Street & Pinetree) - Off Street 480-8000-344534 53.09 50.41 -2.68 -5.05%
8E - (41st Street & Alton) - Off Street 480-8000-344535 1,000.71 1,350.47 349.76 34.95%
8F - (42nd Street & Jefferson) - Off Street 480-8000-344536 2.86 0.00 -2.86 -100.00%
9X - (Collins - 64th to 79th St) - On Street 480-8000-344537 5,024.83 20,295.97 15,271.14 303.91%
9A - (Harding & 71st St) - Off Street 480-8000-344538 188.86 204.92 16.06 8.50%
9C (Carlyle & 71st St) - Off Street 480-8000-344540 39.77 30.24 -9.53 -23.96%
9D - (Collins & 76th St) - Off Street 480-8000-344541 55.86 1,118.18 1,062.32 1901.75%
9E - (Harding & 71st St) - Off Street 480-8000-344542 37.06 119.66 82.60 222.88%
9F - (75th & Collins ) - Off Street 480-8000-344543 20.75 2,345.51 2,324.76 11203.66%
537
CITY OF MIAMI BEACH
PARKING DEPARTMENT
DEBIT CARD REVENUE - SEPTEMBER 2000
COLLECTOR
CARDS
VENDOR $10 $20 $25 REFUNDS PARTIAL $25 TOTALS
PARKING DEPARTMENT 89 99 53 $4,195.00
PUBLIX SUPERMARKET 600 $15,000.00
BRIGHAM GARDENS 21 2 $250.00
CHAMBER OF COMMERCE 50 $1,000.00
COMPASS MARKET 36 $360.00
FINANCE DEPARTMENT 17 10 17 $795.00
(AUGUST 2000)
JOE ALLEN 1 6 $130.00
KOSHER WORLD 30 $300.00
LEE ANN DRUGS 17 $340.00
ZELICK'S TOBACCO 30 5 $400.00
TOTAL # OF CARDS 224 189 670 0 0 0 1,083
TOTAL $ AMOUNT $2,240.00 $3,780.00 $16,750.00 $0.00 $0.00 $0.00 $22,770.00
538
CITY OF MIAMI BEACH
PARKING DEPARTMENT
DEBIT CARD REVENUE - MAY 1999 THRU SEPTEMBER 2000
COLLECTOR
CARDS
VENDOR $10 $20 $25 REFUNDS PARTIAL $25 TOTALS
PARKING DEPARTMENT 1,510 1,517 1,006 25.00 21.12 5 $70,711.12
PUBLIX SUPERMARKET 9,900 $247,500.00
ART DECO CENTER 10 $100.00
ATLANTIC AIR HOTEL 15 $150.00
AVALON MAJESTIC HOTEL 10 $100.00
BRIGHAM GARDENS 139 84 $3,070.00
CARDOZO HOTEL 20 $200.00
CASA FILMS 12 $120.00
CHAMBER OF COMMERCE 125 275 250 $13,000.00
COMMUNITY AIDS 5 $100.00
COMPASS MARKET 389 $3,890.00
DAVID'S CAFE 10 5 $200.00
DAY'S INN 50 $500.00
EYEGLASS EMPORIUM 20 20 $600.00
FINANCE DEPARTMENT 70 29 112 $4,080.00 (Mar - Aug 2000)
FOUR POINT HOTEL 100 $1,000.00
HOTEL OCEAN 30 15 $600.00
HOTEL ASTOR 10 10 $300.00
HOTEL LEON 25 $250.00
JOE ALLEN'S RESTAURANT 71 16 $1,030.00
KOSHER WORLD 175 10 $1,950.00
KREE B TOYS 20 $200.00
LEE ANN DRUGS 341 194 $7,290.00
NEWS CAFE 825 540 $19,050.00
PAPER PEOPLE 20 $200.00
RAMADA INN 10 7 $240.00
SHEMTOV'S PIZZA 10 10 $300.00
SONY MUSIC 2 9 $200.00
SOUTH BEACH COFFEE 5 $50.00
SOUTH SEAS HOTEL 30 $600.00
SPORT CAFE 10 $200.00
STERLING GOURMET 5 $100.00
THE CLAY HOTEL 30 $300.00
THE LAUNDRY BAR 15 15 $450.00
THE LORRAINE HOTEL 20 15 $500.00
VAN DYKE CAFE 100 100 $3,000.00
WOLFSONIAN MUSEUM 79 $790.00
WOLFSON DIAMOND 10 $200.00
ZELICK'S TOBACCO 90 15 $1,200.00
TOTAL # OF CARDS 4,358 2,946 11,268 2 1 5 18,580
TOTAL $ AMOUNT $43,580.00 $58,920.00 $281,700.00 $50.00 $21.12 $125.00 $384,321.12
539
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:fti.miami-beach.fl.us
COMMISSION MEMORANDUM NO. 3( 3 -CO
TO: Mayor Neisen 0. Kasdin and
DATE: November 8, 2000
Members of the City Commission
FROM: Jorge M. Gonzalez
City Manager
SUBJECT: STATUS REPORT ON RULES AND REGULATIONS FOR BEACHFRONT
CONCESSIONS WITH THE STATE OF FLORIDA
On July 11, 2000, a City Commission Workshop was held to clarify issues related to the amended
Rules and Regulations which were to be presented the following day for adoption by the Mayor and
City Commission. At the July 12, 2000, City Commission meeting, the Administration
recommended that the Mayor and City Commission adopt the Rules and Regulations as amended.
At that meeting the Greater Miami and the Beaches Hotel Association (Hotel Association) requested
that the matter be deferred due to the fact that erosion has diminished the volume of sand in many
areas, and reduced the beach width to such an extent that many upland properties would be
negatively impacted by certain provisions contained in the Rules and Regulations. The subject
provisions relate to:
1) the overnight storage of facilities, including storage containers for umbrellas and chair pads,
concession stands and lounge chairs
2) the zones delineated for conducting beachfront concession operations, including the
placement of lounge chairs and umbrellas
Item 1, the overnight storage provision was added as a direct result of comments previously provided
by the State of Florida Department of Environmental Protection (DEP) and the Bureau of Protected
Species Management of the Florida Fish and Wildlife Conservation Commission (Bureau), that
related to protection of sea turtle nesting habitats.
Item 2, relates to the priority zones proposed by the Administration which would limit the
placement of lounge chairs, umbrellas and other beach equipment to an area that would begin no less
than 115 feet landward of the high water line.
As a result of the discussions, the Mayor and City Commission deferred the matter and directed the
Administration to meet with the Hotel Association to discuss outstanding issues, reach resolution
and report back to the City Commission. Upon discussion with Stuart Blumberg, President of the
Hotel Association, it was decided that the issues should be further discussed with, and assistance
should be sought from the DEP and the Bureau.
On September 7, 2000, a meeting was held via tele-conference, which included representatives from
the DEP, the Bureau, Stuart Blumberg and Cliff Schulman representing the Hotel Association, and
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members of the Administration. The meeting resulted in additional information being forwarded
to the State, including City-wide beach width measurements which reflected the following:
1. Continuing impact of beach erosion
2. The beach erosion's relation to sea turtle nesting habitat issues identified by the State
3. The beach erosion's overall impact on the uplands, both public and private
4. The ability to continue providing beach concession services
The Administration has contacted the State on numerous occasions to follow-up on the status of their
review. On October 20, 2000, Mr. Gene Chalecki, Program Administrator for State of Florida
Beaches and Coastal Systems, advised the City that one meeting had been held with Barry Manson-
Hing and other members of his staff to review and discuss the issue. Mr. Chalecki also stated that
he has requested a subsequent meeting be scheduled for the first week in November with his staff
and staff from the Division of State Lands and Protected Species, as well as, staff from the Coastal
Construction Control Line Program. Mr. Chalecki concluded his message by stating that he was
waiting for a report from DEP Field Inspector Mark Taynton to be finalized which would provide
necessary information relating to the vendors, structures and activities as they currently exist on the
beach. This report would be discussed as part of their November meeting.
As you may know, more than 40 meetings, workshops, and forums have been held since January
1999, as part of the Administration's efforts to reach consensus in order for the Mayor and City
Commission to adopt the amended Rules and Regulations. Based on the latest Commission
Workshop and subsequent City Commission meeting, these issues appear to be the last of which
remain to be resolved in order to move forward with a Rules and Regulations package. Upon receipt
of the State's response, the Administration will meet with the Hotel Association to review same and
work towards reaching consensus on a package that may be forwarded to the Mayor and City
Commission for final approval.
On October 18, 2000, the City Commission, in connection with the renewal of the Lummus Park
beachfront concession, requested whether the Beachfront Concession Rules and Regulations could
be bifurcated and approved for the area of the beach south of 23rd Street, pending approval by the
State. Based on Mr. Chalecki's affirmation that a meeting is scheduled for the first week in
November, it is recommended that we report back to the City Commission on November 29, 2000,
with the results of said meeting and a proposed course of action.
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