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HomeMy WebLinkAbout03151995 MARCH 15, 1995 1 CITY COMMISSION MEETING MARCH 15, 1995 COMMISSION CHAMBERS, 3RD FLOOR, CITY HALL 1700 CONVENTION CENTER DRIVE MAYOR SEYMOUR GELBER (absent) CITY MANAGER ROGER M. CARLTON VICE-MAYOR SUSAN F. GOTTLIEB CITY ATTORNEY LAURENCE FEINGOLD COMMISSIONER SY J. EISENBERG CITY CLERK RICHARD E. BROWN COMMISSIONER NEISEN O. KASDIN COMMISSIONER NANCY LIEBMAN COMMISSIONER DAVID T. PEARLSON COMMISSIONER MARTIN SHAPIRO CALL TO ORDER - 9:18 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS CONSENT AGENDA PA-1. PRESENTATIONS AND AWARDS A. CERTIFICATE OF APPRECIATION TO BE PRESENTED TO BOB WELLS, MECHANICAL MAINTENANCE SUPERINTENDENT, UPON HIS RETIREMENT AFTER FOURTEEN YEARS OF SERVICE. B. A SPECIAL PRESENTATION TO THE MAYOR AND CITY COMMISSION FROM THE STUDENTS OF FIENBERG/FISHER AFTER SCHOOL CARE PROGRAM IN HONOR OF THE CITY'S 80TH BIRTHDAY. C. A PROCLAMATION TO BE PRESENTED TO THE THAL FAMILY IN HONOR OF THE 50TH ANNIVERSARY OF THE EPICURE MARKET. C-2. COMPETITIVE BID REPORTS A. COMMISSION MEMORANDUM NO. 198-95 BID AWARD NO. 31-94/95, REMOVAL OF EXISTING LEAD SERVICE LINES AND REPLACEMENT WITH NEW POLYETHYLENE SERVICE LINES. BID AMOUNT AND FUNDING: $499,063.50; FUNDS AVAILABLE FROM PUBLIC WORKS BUDGET ACCOUNT. ADMINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION AUTHORIZE THE AWARD OF THIS BID TO THE LOWEST BIDDER MEETING SPECIFICATIONS, OCEAN BAY CONSTRUCTION, INC. (PUBLIC WORKS DEPARTMENT) MARCH 15, 1995 2 B. COMMISSION MEMORANDUM NO. 199-95 FILE REFERENCE NO. 68-94/95, LEASE OF OFFICE TRAILER FOR THE CONSTRUCTION MANAGEMENT DIVISION AND WAIVER OF FORMAL COMPETITIVE BID PROCESS. CONTRACT AMOUNT AND FUNDING: $13,560; FUNDS AVAILABLE FROM GSA CONSTRUCTION MANAGEMENT DIVISION BUDGET ACCOUNT. ADMINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION AUTHORIZE THE LEASE OF AN OFFICE TRAILER TO HOUSE THE CONSTRUCTION MANAGEMENT DIVISION OF GSA ON CITY-OWNED PROPERTY, AND WAIVE THE FORMAL COMPETITIVE BID PROCESS IN ACCORDANCE WITH CITY CODE 31A-10, PARAGRAPH (e). (GENERAL SERVICES ADMINISTRATION) C-4. COMMISSION COMMITTEES ASSIGNMENTS A. COMMISSION MEMORANDUM NO. 200-95 REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE - A REQUEST OF CITY NATIONAL BANK TO ENTER INTO AN AGREEMENT WITH THE CITY OF MIAMI BEACH FOR PARKING. ADMINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION REFER THE CITY NATIONAL BANK REQUEST TO THE LAND USE AND DEVELOPMENT COMMITTEE. (DEVELOPMENT, DESIGN AND HISTORIC PRESERVATION) ACTION: Referred. B. COMMISSION MEMORANDUM NO. 201-95 REFERRAL TO THE CAPITAL IMPROVEMENTS/FINANCE COMMITTEE - ACQUISITION OF TELEPHONE SYSTEMS IN CITY HALL, POLICE HEADQUARTERS, FIRE STATION #2, AND OTHER VARIOUS LOCATIONS THROUGHOUT THE CITY OF MIAMI BEACH. ADMINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION REFER THE ACQUISITION OF TELEPHONE SYSTEMS TO BE INSTALLED THROUGHOUT THE CITY OF MIAMI BEACH TO THE CAPITAL IMPROVEMENTS/FINANCE COMMITTEE FOR DISCUSSION. ACTION: Referred. C. REFERRAL TO THE CAPITAL IMPROVEMENTS/FINANCE COMMITTEE - REFURBISHING FIRE STATION #2 LOCATED AT 2300 PINETREE DRIVE. (REQUESTED BY VICE-MAYOR SUSAN GOTTLIEB) ACTION: Referred. D. REFERRAL TO THE PLANNING BOARD TO CONSIDER LEGISLATION THAT WOULD REQUIRE ALL NEW OPEN AIR ESTABLISHMENTS WISHING TO INSTALL AMPLIFIED MUSIC TO SUBMIT PLANS TO THE PLANNING BOARD FOR A CONDITIONAL USE PERMIT. (REQUESTED BY COMMISSIONER NANCY LIEBMAN) ACTION: Referred. E. COMMISSION MEMORANDUM NO. 202-95 REFERRAL TO THE CAPITAL IMPROVEMENTS/FINANCE COMMITTEE - DISCUSSION MARCH 15, 1995 3 OF THE CONVENTION DEVELOPMENT TAX, THE FLOW OF FUNDS UNDER THE RESOLUTION AUTHORIZING USE OF THE EXCESS FUNDS AND THE FINANCING OF THE PERFORMING ARTS CENTER. ADMINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION FORWARD TO THE CAPITAL IMPROVEMENTS/FINANCE COMMITTEE A DISCUSSION OF THE CONVENTION DEVELOPMENT TAX, THE FLOW OF FUNDS OF THE TAX AND THE FINANCING OF THE PERFORMING ARTS CENTER. ACTION: Referred. F. CITY ATTORNEY COMMISSION MEMORANDUM NO. 237-95 REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE - DISCUSSION REGARDING URGING DADE COUNTY TO AMEND THE COUNTY CODE TO ALLOW MUNICIPALITIES TO ENFORCE HANDICAPPED ACCESSIBILITY REQUIREMENTS IN THEIR OWN SPECIAL MASTER SYSTEMS OR CODE ENFORCEMENT BOARDS. ACTION: Referred. G. COMMISSION MEMORANDUM NO. 203-95 REFERRAL TO THE CAPITAL IMPROVEMENTS/FINANCE COMMITTEE FOR DISCUSSION OF BUSINESS TERMS FOR TWO (2) LEASE AGREEMENTS BETWEEN THE CITY OF MIAMI BEACH (TENANT) AND TOWER FORTY-ONE, INC., AND PARKVIEW POINT CONDOMINIUM ASSOCIATION, INC., (LANDLORDS) FOR THE CITY TO LEASE SPACE ON THE ROOFS OF THE BUILDINGS AT 4101 PINETREE DRIVE AND 7441 WAYNE AVENUE, MIAMI BEACH, FLORIDA RESPECTIVELY. ADMINISTRATION RECOMMENDATION: THAT BUSINESS TERMS FOR TWO (2) LEASE AGREEMENTS BE REFERRED TO THE CAPITAL IMPROVEMENTS/FINANCE COMMITTEE AND SAID COMMITTEE RECOMMEND TO THE MAYOR AND CITY COMMISSION THAT A RESOLUTION BE APPROVED AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY AND TOWER FORTY-ONE ASSOCIATION, INC., AND PARKVIEW POINT CONDOMINIUM ASSOCIATION, INC., RESPECTIVELY, FOR THE USE OF SPACE ON THE ROOFS OF THE BUILDINGS IN ORDER FOR THE CITY TO CONTINUE TO OPERATE COMMUNICATIONS EQUIPMENT. ACTION: Referred. MARCH 15, 1995 4 C-5. PLANNING BOARD AGENDA (FOR INFORMATIONAL PURPOSES ONLY--NO ACTION NEEDS TO BE TAKEN BY THE CITY COMMISSION) A. COMMISSION MEMORANDUM NO. 204-95 THE PLANNING BOARD WILL BE CONSIDERING THE FOLLOWING PUBLIC HEARINGS AT THE MEETING OF MARCH 28, 1995: 1) CORAL REEF APARTMENTS, L.C., CONDITIONAL USE APPROVAL REQUEST TO ENTER INTO A JOINT DEVELOPMENT AGREEMENT WITH THE CITY OF MIAMI BEACH FOR THE COMPLETE RENOVATION OF THE MUNICIPAL PARKING LOT AT 3501 COLLINS AVENUE; 2) AMENDING ZONING ORDINANCE, SECTION 12, ENTITLED "LIQUOR CONTROL REGULATIONS" BY AMENDING SUBSECTION 12-1, ENTITLED "GENERAL PROVISIONS" BY LIMITING PACKAGE SALES BY RETAIL STORES, RESTAURANTS, BARS AND NIGHTCLUBS TO THE HOURS OF 8:00 A.M. TO 10:00 P.M.; 3) AMENDING ZONING ORDINANCE, SECTION 16, ENTITLED "BOARD OF ADJUSTMENT", AMENDING SECTION 16-7, ENTITLED "POWERS AND DUTIES" BY PROVIDING FOR ASSESSMENT OF A FEE FOR FAILING TO APPEAR FOR PROGRESS REPORTS REQUIRED BY THE BOARD AND PROVIDING THAT UNPAID FEES SHALL BECOME A LIEN AGAINST THE PROPERTY; 4) AMENDING ZONING ORDINANCE, SECTION 5, ENTITLED "GENERAL PROVISIONS", ENTITLED SUBSECTION 5-8, ENTITLED DIVISION OF LOT; LOT SPLIT" BY TRIPLING THE APPLICATION FEE FOR REVIEW OF "AFTER-THE-FACT" LOT SPLIT APPLICATIONS; AMENDING SUBSECTION 16-7, ENTITLED "POWERS AND DUTIES" BY REQUIRING A TRIPLE APPLICATION FEE FOR "AFTER-THE-FACT" APPLICATIONS; AMENDING SECTION 19, ENTITLED "HISTORIC PRESERVATION BOARD AND HISTORIC DISTRICT REGULATIONS", AMENDING SUBSECTION 19-6, ENTITLED "ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION "BY REQUIRING A TRIPLE APPLICATION FEE FOR "AFTER-THE-FACT" APPLICATIONS; 5) AMENDING ZONING ORDINANCE, SECTION 18, ENTITLED "DESIGN REVIEW BOARD", AMENDING SUBSECTION 18-2, ENTITLED "DESIGN REVIEW PROCEDURES" BY PROVIDING THAT THE BOARD MAY GRANT CONTINUATIONS OR DEFERRALS OF A PROJECT FOR CAUSE NOT TO EXCEED A TOTAL OF SIX (6) MONTHS FOR ALL CONTINUATIONS OR DEFERRALS MADE BY THE BOARD OR THE APPLICATION SHALL BE VOID; BY PROVIDING THAT AN APPLICANT MAY DEFER AN APPLICATION FOR CAUSE ONE (1) TIME, TO THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD, EXCEPT AS PROVIDED HEREIN AND BY PROVIDING THERE SHALL BE NO VARIANCES FROM THIS SECTION; BY CLARIFYING THAT AN APPLICANT SHALL HAVE UP TO ONE (1) YEAR FROM THE DATE OF DESIGN PLAN APPROVAL TO OBTAIN A FULL BUILDING PERMIT; BY CLARIFYING THAT A FOUNDATION PERMIT OR ANY PARTIAL PERMIT THAT DOES NOT INCLUDE PLANS FOR THE ENTIRE PROJECT SHALL NOT BE CONSIDERED A FULL BUILDING PERMIT FOR DESIGN REVIEW APPROVAL PURPOSES; BY PROVIDING THAT A FULL BUILDING PERMIT SHALL INCLUDE THE COMPLETE SET OF PLANS AS APPROVED BY THE BOARD; BY PROVIDING THAT THE DESIGN REVIEW BOARD MAY GRANT EXTENSIONS OF TIME NOT TO EXCEED A TOTAL OF ONE (1) YEAR FOR ALL SAID EXTENSIONS MADE BY THE CITY COMMISSION AND THAT VARIANCES FROM THIS SECTION SHALL NOT BE ALLOWED; 6) AMENDING ZONING ORDINANCE, SECTION 3, ENTITLED "DEFINITIONS", AMENDING SUBSECTION 3-2, "TERMS DEFINED" BY CREATING A DEFINITION FOR "ALCOHOLIC BEVERAGE ESTABLISHMENT" AND "COMMERCIAL ESTABLISHMENT" AND BY MODIFYING THE DEFINITION OF "NIGHTCLUB"; AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS", AMENDING SUBSECTION 6- 6, ENTITLED "CD-1 COMMERCIAL, LOW INTENSITY" BY LISTING NIGHTCLUBS AS A CONDITIONAL USE; AMENDING SUBSECTION 6-14, ENTITLED "I-1 LIGHT INDUSTRIAL DISTRICT" BY LISTING NIGHTCLUBS AS A PROHIBITED USE; AMENDING SUBSECTION 6-16, ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT" BY LISTING NIGHTCLUBS AS A CONDITIONAL USE; 7) AMENDING ZONING ORDINANCE, SECTION 12, ENTITLED "LIQUOR CONTROL REGULATIONS", AMENDING SUBSECTION 12-2 ENTITLED "PERMITTED MARCH 15, 1995 5 DISTRICTS AND STANDARDS" BY ALLOWING NIGHTCLUBS ONLY AS CONDITIONAL USES IN THE CD-1 COMMERCIAL, LOW INTENSITY, CD-2 COMMERCIAL, MEDIUM INTENSITY, CD-3 COMMERCIAL, HIGH INTENSITY, AND IN THE MXE, MIXED USE ENTERTAINMENT DISTRICTS, AND PROHIBITING NIGHTCLUBS IN THE I-1 LIGHT INDUSTRIAL DISTRICT. C-7. RESOLUTIONS A. COMMISSION MEMORANDUM NO. 205-95 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE BUDGETS AND EXPENDITURE OF FUNDS FOR THE MIAMI BEACH POLICE DEPARTMENT AUTO THEFT GRANT PROGRAM. ADMINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION AUTHORIZE THE FILING OF AN APPLICATION FOR AN EXTENSION OF GRANT FUNDING UNDER THE FLORIDA MOTOR VEHICLE THEFT PREVENTION AUTHORITY FOR FUNDING OF THE MIAMI BEACH POLICE DEPARTMENT AUTO THEFT CRIME PREVENTION FAIR. (POLICE DEPARTMENT) ACTION: Resolution No. 95-21514 adopted. B. COMMISSION MEMORANDUM NO. 206-95 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING THE COMPETITIVE BIDDING PROCESS, AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND DR. DAVID SANTISTEBAN FOR WRITTEN TEST DEVELOPMENT/VALIDATION FOR THE SERGEANT OF POLICE AND THE LIEUTENANT OF POLICE CLASSIFICATIONS. 1. AGREEMENT. ADMINISTRATION RECOMMENDATION: THAT THE MAYOR AND CITY COMMISSION WAIVE THE COMPETITIVE BID PROCESS, IN ACCORDANCE WITH CITY CODE 31A-10, PARAGRAPH (e), AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT WITH DR. DAVID SANTISTEBAN FOR WRITTEN TEST DEVELOPMENT AND VALIDATION FOR THE SERGEANT AND LIEUTENANT OF POLICE CLASSIFICATIONS. (HUMAN RESOURCES DEPARTMENT) ACTION: Resolution No. 95-21515 adopted. MARCH 15, 1995 6 C. COMMISSION MEMORANDUM NO. 207-95 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND LOG CABIN ENTERPRISES, INC., SAID AMENDMENT INCREASING THE TOTAL FUNDING AMOUNT FROM $37,000 TO $43,000. 1. AMENDMENT TO AGREEMENT. ADMINISTRATION RECOMMENDATION: THAT THE MAYOR AND CITY COMMISSION ADOPT THE RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH LOG CABIN ENTERPRISES, INC., DATED OCTOBER 1, 1994, INCREASING THE FUNDING AMOUNT OF THE AGREEMENT FROM $37,000 TO $43,000. THERE IS NO CHANGE IN THE PURPOSE, SCOPE, LOCATION OR BENEFICIARIES OF THIS YEAR 20 COMMUNITY DEVELOPMENT BLOCK GRANT ACTIVITY. (DEVELOPMENT, DESIGN AND HISTORIC PRESERVATION) ACTION: Resolution No. 95-21516 adopted. C-9. INDIVIDUAL BOARD AND COMMITTEE APPOINTMENTS A. COMMISSION MEMORANDUM NO. 208-95 INDIVIDUAL BOARD AND COMMITTEE APPOINTMENTS FOR THE MEETING OF MARCH 15, 1995. ACTION: Appointments made. END OF CONSENT REGULAR AGENDA - MARCH 15, 1995 PAGE NO. MARCH 15, 1995 7 R-2. COMPETITIVE BID REPORTS A. COMMISSION MEMORANDUM NO. 209-95 AWARD OF BID NO. 35-94/95, FURNISHING AND INSTALLING PARKING SYSTEM ACCESS CONTROL/REVENUE CONTROL SYSTEM AND APPROPRIATION OF TOURIST AND CONVENTION CENTER EXPANSION AUTHORITY (TCCEA) FUNDS FOR SELECTED PROJECTS. 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING $628,633 FROM THE TOURIST AND CONVENTION CENTER EXPANSION AUTHORITY (TCCEA) INTO A NEWLY ESTABLISHED WORK ORDER ENTITLED "SYSTEM-WIDE REVENUE CONTROLS" FOR FURNISHING AND INSTALLATION OF AN ACCESS CONTROL/REVENUE CONTROL SYSTEM IN THE 17TH STREET PARKING GARAGE, 17TH STREET PARKING LOT AND PREFERRED PARKING LOT. ADMINISTRATION RECOMMENDATION: RECOGNIZING THAT EFFECTIVE REVENUE CONTROL SUITABLE TO THE INTENDED USERS IS A KEY OPERATIONAL COMPONENT OF A SUCCESSFUL OFF-STREET PROGRAM, THE ADMINISTRATION RECOMMENDS THAT THE CITY COMMISSION AUTHORIZE AWARD TO ROYCE PARKING CONTROL SYSTEMS, INC., THE ONLY BIDDER MEETING ALL SPECIFICATIONS. ADDITIONALLY, IT IS RECOMMENDED THAT THE MAYOR AND CITY COMMISSION AUTHORIZE THE APPROPRIATION OF $628,633 FROM THE TOURIST AND CONVENTION CENTER EXPANSION AUTHORITY (TCCEA) FUND AND AUTHORIZE THE ESTABLISHMENT OF A NEW WORK ORDER ENTITLED "SYSTEMWIDE REVENUE CONTROLS" FOR SAID PURPOSE FOR THE 17TH STREET PARKING GARAGE, 17TH STREET PARKING LOT AND PREFERRED PARKING LOT. THIS REQUEST FOR FUNDING HAS ALREADY BEEN APPROVED BY TCCEA. (DEFERRED FROM 2/15/95) ACTION: Awarded to second bidder. Resolution No. 95-21517 adopted as amended prepare after-the-fact. Appropriate money from Fund 485, Parking Fund, which may be repaid by TCCEA; put on next TCCEA agenda. R-3. TIME CERTAIN ITEMS 10:30 A.M. TIME CERTAIN A. COMMISSION MEMORANDUM NO. 210-95 BOARD AND COMMITTEE AT-LARGE APPOINTMENTS FOR THE MEETING OF MARCH 15, 1995. 1. COMMUNITY BENEFIT COMMITTEE FOR THE PERFORMING ARTS. 2. NUISANCE ABATEMENT BOARD. 3. YOUTH CENTER ADVISORY BOARD. ACTION: Appointments to be made at March 22, 1995 Special Commission meeting. REGULAR AGENDA - MARCH 15, 1995 PAGE NO. MARCH 15, 1995 8 11:10 A.M. PUBLIC HEARING - CONTINUED TO APRIL 5, 1995 AT 11:10 A.M. B. TO CONSIDER PUBLIC COMMENT REGARDING A GROUND LEASE AGREEMENT BETWEEN THE CITY AND THE STANLEY C. MYERS COMMUNITY HEALTH CENTER TO ESTABLISH A FACILITY ON CITY-OWNED PROPERTY AT 917-929 NORMANDY DRIVE AND A WAIVER. ACTION: Public Hearing continued to April 5, 1995 at 11:10 a.m. R-3. TIME CERTAIN ITEMS (CONTINUED) 11:45 A.M. PUBLIC HEARING - SECOND AND FINAL READING C. CITY ATTORNEY COMMISSION MEMORANDUM NO. 178-95 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 25, ENTITLED "OFFENSES-MISCELLANEOUS" BY CREATING SECTION 25-33.1, ENTITLED "URINATING OR DEFECATING IN PLAIN VIEW IN A PUBLIC PLACE; PROHIBITED", PROHIBITING URINATION OR DEFECATING IN PLAIN VIEW ON/IN PUBLIC SIDEWALKS, STREETS, ALLEYS, PARKS, BEACHES, MALLS, OR OTHER PUBLIC PROPERTY; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. 1. COMMISSION MEMORANDUM NO. 211-95 ECONOMIC IMPACT ANALYSIS. 2. NOTICE OF PUBLIC HEARING. (REQUESTED BY COMMISSIONER MARTIN SHAPIRO) (FIRST READING 3/1/95) ACTION: Ordinance No. 95-2979 adopted. Schedule a training session with Police Department. D. 1:30 P.M. DR. STANLEY SUTNICK CITIZENS' FORUM 1. Bunny Patchen - Julia Tuttle Causeway, Triangle and Alton Road Streetlights. 2. William Shockett - Youth Baseball Program. ACTION: 1. FDOT to fix lights on Julia Tuttle Causeway, triangle and Alton Road. 2. Discussed Youth Baseball Program: new fees and Charlie Newton's role as coach. REGULAR AGENDA - MARCH 15, 1995 PAGE NO. MARCH 15, 1995 9 3:00 P.M. PUBLIC HEARING E. COMMISSION MEMORANDUM NO. 212-95 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING DEVELOPMENT REGULATIONS PERTAINING TO SET BACKS, HEIGHT AND FLOOR AREA RATIO IN SECTION 6 OF ZONING ORDINANCE NO. 89-2665 AS SET FORTH IN EXHIBITS "1" AND "2" IN ORDER TO ALLOW FOR CONSTRUCTION OF A CITY PARKING GARAGE TO BE LOCATED AT 1025- 1045 COLLINS AVENUE. 1. NOTICE OF PUBLIC HEARING. ADMINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION, UPON HOLDING A PUBLIC HEARING, WAIVE CERTAIN DEVELOPMENT REGULATIONS TO ENABLE THE CONSTRUCTION OF THE MUNICIPAL PARKING GARAGE AT 1025- 1045 COLLINS AVENUE, AS PROPOSED. (SCHEDULED ON 2/1/95) ACTION: Resolution No. 95-21518 adopted as amended increasing side setbacks to 7-1/2 ft. Prepare notice to proceed to consultant to complete design development. 3:30 P.M. PUBLIC HEARING - SECOND AND FINAL READING F. CITY ATTORNEY COMMISSION MEMORANDUM NO. 213-95 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 33, ENTITLED "REAL PROPERTY", AMENDING ARTICLE II, ENTITLED "REVOCABLE PERMITS", AMENDING SECTION 33-2, ENTITLED "APPLICATION REQUIREMENTS" BY PROVIDING FOR A TRIPLE APPLICATION FEE FOR REVOCABLE PERMIT APPLICANTS APPLYING FOR REVOCABLE PERMITS "AFTER-THE-FACT"; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. 1. COMMISSION MEMORANDUM NO. 214-95 ECONOMIC IMPACT ANALYSIS. 2. NOTICE OF PUBLIC HEARING. (FIRST READING 3/1/95) ACTION: Ordinance No. 95-2980 adopted. REGULAR AGENDA - MARCH 15, 1995 PAGE NO. MARCH 15, 1995 10 3:35 P.M. PUBLIC HEARING - SECOND AND FINAL READING G. CITY ATTORNEY COMMISSION MEMORANDUM NO. 182-95 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 9B, ENTITLED "CODE ENFORCEMENT", AMENDING SECTION 9B-9, ENTITLED "ADMINISTRATIVE FEES; LIENS" BY REQUIRING THAT A MINIMUM FINE OF $100 PER DAY BE IMPOSED FOR ZONING VIOLATIONS INVOLVING CONSTRUCTION OR ALTERATION OF STRUCTURES WITHOUT REQUIRED CITY APPROVALS; PROVIDING A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. 1. COMMISSION MEMORANDUM NO. 215-95 ECONOMIC IMPACT ANALYSIS. 2. NOTICE OF PUBLIC HEARING. (FIRST READING 3/1/95) ACTION: Ordinance No. 95-2981 adopted. 4:45 P.M. PUBLIC HEARING - CANCELLED SEE ITEM R-7-H H. ABANDONMENT OF THAT PORTION OF CENTURY LANE AS ABUTS LOTS 4, 5 AND 6 ON THE PLAT OF BELLE ISLE VILLAS PB 42, PAGE 92, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (SCHEDULED ON 2/15/95) ACTION: Public Hearing cancelled. 5:05 P.M. PUBLIC HEARING - SECOND AND FINAL READING I. CITY ATTORNEY COMMISSION MEMORANDUM NO. 216-95 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING MIAMI BEACH CITY CODE CHAPTER 24, ENTITLED "NOISE" IN ITS ENTIRETY AND CREATING A NEW CHAPTER 24, ENTITLED "NOISE"; PROHIBITING UNREASONABLY LOUD OR DISTURBING NOISE; PROVIDING FOR EXCEPTIONS TO THE NOISE PROHIBITIONS; PROVIDING FOR TEMPORARY PERMITS TO EXCEED NOISE LIMITATIONS; PROVIDING LIMITATIONS UPON SOUNDS MADE ON PUBLIC STREETS AND SIDEWALKS AND REQUIREMENTS FOR LIVE OUTDOOR MUSIC; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS INCLUDING SUITS FOR ABATEMENT OF NUISANCES BY THE CITY AND/OR CITIZENS; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. 1. COMMISSION MEMORANDUM NO. 217-95 ECONOMIC IMPACT ANALYSIS. 2. NOTICE OF PUBLIC HEARING. (FIRST READING 3/1/95) ACTION: Continued to Special Commission meeting on Wednesday, March 11, 1995 at 3:00 p.m. R-5. ORDINANCES - FIRST READING REGULAR AGENDA - MARCH 15, 1995 PAGE NO. MARCH 15, 1995 11 A. QUALITY OF LIFE ORDINANCES. 1. CITY ATTORNEY COMMISSION MEMORANDUM NO. 218-95 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 25, ENTITLED "OFFENSES-MISCELLANEOUS", AMENDING SECTION 25- 33.2, ENTITLED "CONSUMPTION OF ALCOHOL ON PUBLIC BEACHES", AMENDING THE DEFINITION OF "ALCOHOLIC BEVERAGE"; PROHIBITING THE SALE, SERVICE AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON/IN PUBLIC PLACES; PROVIDING EXCEPTIONS; REQUIRING STORES SELLING ALCOHOLIC BEVERAGES TO POST A SIGN REGARDING THIS PROHIBITION; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. a. COMMISSION MEMORANDUM NO. 219-95/ECONOMIC IMPACT 2. CITY ATTORNEY COMMISSION MEMORANDUM NO. 180-95 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING MIAMI BEACH CITY CODE SECTION 25-33.1, ENTITLED "DISORDERLY CONDUCT-CONSUMPTION OF ALCOHOL IN CERTAIN PUBLIC PLACES"; PROVIDING FOR REPEALER AND AN EFFECTIVE DATE. (REQUESTED BY COMMISSIONER MARTIN SHAPIRO) (DEFERRED FROM 3/1/95) ACTION: 1. Ordinance approved on First Reading. Second and Final Reading scheduled on April 5, 1995 at 10:40 a.m. After adoption of ordinance, schedule a training session with Police Department. 2. Ordinance approved on First Reading. Second and Final Reading scheduled on April 5, 1995 at 10:40 a.m. B. COMMISSION MEMORANDUM NO. 220-95 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING MIAMI BEACH CITY CODE CHAPTER 4A, ENTITLED "ART IN PUBLIC PLACES" CREATING A NEW CHAPTER 4A, ENTITLED "ART IN PUBLIC PLACES", PROVIDING REGULATIONS PERTAINING TO THE COMPOSITION, MEMBERSHIP REQUIREMENTS AND POWERS AND DUTIES OF THE ART IN PUBLIC PLACES COMMITTEE; PROVIDING FOR THE ESTABLISHMENT OF AN ART IN PUBLIC PLACES FUND AND PROVIDING REGULATIONS FOR ITS USE; PROVIDING PROCEDURES AND REGULATIONS FOR THE APPROPRIATION OF MONIES TO SAID FUND BY THE CITY AT THE TIME OF APPROPRIATION OF CITY FUNDS FOR CONSTRUCTION PROJECTS; PROVIDING PROCEDURES FOR SELECTION OF ART WORK TO BE LOCATED ON PUBLIC PROPERTY OR PUBLIC FACILITIES WITHIN THE CITY AND PROCEDURES FOR THE SELECTION OF SITES FOR LOCATION OF SAID ART WORK; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. 1. COMMISSION MEMORANDUM NO. 221-95 ECONOMIC IMPACT ANALYSIS. ACTION: Ordinance approved on First Reading as amended. Second and Final Reading scheduled on April 5, 1995 at 2:00 p.m. Jack Lubin to prepare letter to Art in Public Places to brief them on the garage projects. R-5. ORDINANCES - FIRST READING (CONTINUED) REGULAR AGENDA - MARCH 15, 1995 PAGE NO. MARCH 15, 1995 12 C. CITY ATTORNEY COMMISSION MEMORANDUM NO. 222-95 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CITY OF MIAMI BEACH ORDINANCE NO. 88-2603, WHICH ESTABLISHED THE RETIREMENT SYSTEM FOR UNCLASSIFIED EMPLOYEES AND ELECTED OFFICIALS OF THE CITY OF MIAMI BEACH, SECTION 5.09 THEREOF ENTITLED "RETURN TO ACTIVE SERVICE" BY PROVIDING THAT MEMBERS WHO, AFTER HAVING BECOME ENTITLED TO A RETIREMENT ALLOWANCE NOT YET PAYABLE, CHANGE EMPLOYMENT STATUS FROM FULL TIME TO PART TIME AND WHO AFTER A PERIOD OF NO GREATER THAN FIVE (5) YEARS OF PART TIME EMPLOYMENT RETURN TO FULL TIME EMPLOYMENT WITH THE CITY AND MEMBERSHIP IN THE UNCLASSIFIED SYSTEM SHALL BE ENTITLED TO BENEFITS BASED UPON THE PROVISIONS APPLICABLE TO THAT MEMBER IN EFFECT AS OF HIS ORIGINAL MEMBERSHIP DATE IN THE UNCLASSIFIED SYSTEM, WHICH BENEFITS SHALL INCLUDE HIS EARNINGS AND CREDITABLE SERVICE ACCUMULATED DURING BOTH FULL TIME AND PART TIME EMPLOYMENT (WITH CREDITABLE SERVICE ACCUMULATED DURING PART TIME SERVICE TO BE REDUCED TO RATION BETWEEN ACTUAL HOURS OF WEEKLY EMPLOYMENT AND THIRTY (30) HOURS); PROVIDING FOR A REPEALER, SEVERABILITY AND EFFECTIVE DATE. ACTION: Ordinance approved on First Reading. Second and Final Reading scheduled on April 5, 1995 at 2:30 p.m. R-6. COMMISSION COMMITTEES REPORTS A. COMMISSION MEMORANDUM NO. 223-95 REPORT ON THE COMMUNITY AFFAIRS COMMITTEE MEETING OF MARCH 3, 1995 REGARDING THE FOLLOWING ITEMS: 1) DISCUSSION REGARDING EXPANSION OF THE ART IN PUBLIC PLACES PROGRAM TO INCLUDE PRIVATE SECTOR CONSTRUCTION PROJECTS; 2) KOSHER INSPECTION PROGRAM STATUS REPORT; 3) REVIEW OF CRITERIA FOR BOARD AND COMMITTEE APPOINTMENTS; AND DISCUSSION OF THE IMPACT AND IMPLICATION OF THE SUCCESSFUL RECEPTION FOR BOARD AND COMMITTEE APPOINTMENTS; 4) SOUTH POINTE ADVISORY BOARD REQUESTS - MORATORIUM ON ALL SPECIAL EVENTS IN SOUTH POINTE; 5) SPECIAL EVENTS POLICY AND DISCUSSION OF RELATED OFF-DUTY ISSUES; AND, 6) DISCUSSION ON TELEVISING THE DESIGN REVIEW BOARD MEETINGS. (HEAR IN CONJUNCTION WITH R-7-C) ACTION: Minutes to be corrected per memo from Commissioner Liebman. 1. Discussed. See item R-5B re: private sector projects; pending status of Supreme Court decision--issue to be reconsidered. 2. Was not addressed by Committee. 3. Was not addressed by Committee. 4. See Item R-7C. 5. Reported. 6. Reported. REGULAR AGENDA - MARCH 15, 1995 PAGE NO. MARCH 15, 1995 13 B. COMMISSION MEMORANDUM NO. 224-95 REPORT ON THE LAND USE AND DEVELOPMENT COMMITTEE MEETING OF MARCH 8, 1995 REGARDING THE FOLLOWING ITEMS: 1) DISCUSSION ON THE SOUTH POINTE ADVISORY BOARD'S REQUEST FOR A PROHIBITION OF SIDEWALK CAFES SOUTH OF FIFTH STREET; 2) CONSIDERATION OF A REQUEST THAT THE CITY ABANDON THAT PORTION OF CENTURY LANE AS ABUTS LOTS 4, 5 AND 6 ON THE PLAT OF BELLE ISLE VILLAS; 3) REVIEW OF PROPOSED ORDINANCE FOR PAY TELEPHONES ON PUBLIC PROPERTY ASSURING COMPLIANCE WITH ADA; AND, 4) BRIEFING ON JANUARY 31, 1995 PLANNING BOARD WORKSHOP ON ZONING ORDINANCE DEVELOPMENT/DESIGN REGULATIONS, INCLUDING HEIGHT, SETBACK, LOT COVERAGE AND OTHER REGULATING MEASURES. ACTION: Reported. (1) Need better enforcement, establish greater opening than 5 ft. Enforce the number of tables. (2) Reported see R-7H. (3) Reported. Create zones and have staff analyze. Public telephone bids to include cost per minute for long distance. (4) Reported. R-7. RESOLUTIONS A. COMMISSION MEMORANDUM NO. 188-95 REVISED A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE MULTI-FAMILY HOUSING REHABILITATION PROGRAM MATCHING GRANT AGREEMENT TO PROVIDE ASSISTANCE IN THE AMOUNT OF $374,860 UNDER THE FEDERALLY FUNDED MULTI-FAMILY HOUSING REHABILITATION PROGRAM, FOR THE BLACKSTONE APARTMENTS LOCATED AT 800 WASHINGTON AVENUE, SUBJECT TO THE CONDITIONS IN THE AGREEMENT AND THE EXHIBITS THERETO. 1. AGREEMENT. ADMINISTRATION RECOMMENDATION: THAT THE MAYOR AND CITY COMMISSION ADOPT THE RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MULTI-FAMILY HOUSING REHABILITATION PROGRAM MATCHING GRANT AGREEMENT, WHICH ESTABLISHES THE TERMS AND CONDITIONS UNDER WHICH THE REHABILITATION OF THE BUILDING LOCATED AT 800 WASHINGTON AVENUE, MIAMI BEACH, IS TO BE COMPLETED, AND THE CONDITIONS UPON WHICH THE GRANT WILL BE PROVIDED. (DEVELOPMENT, DESIGN AND HISTORIC PRESERVATION) (DEFERRED FROM 3/1/95) ACTION: Resolution No. 95-21519 adopted. Need appropriate level of staff in Community Development to monitor these grant agreements. L.T.C. to be sent when fully staffed explaining the procedure of monitoring these agreements; include better Code Enforcement monitoring of grant recipients' buildings. REGULAR AGENDA - MARCH 15, 1995 PAGE NO. MARCH 15, 1995 14 B. COMMISSION MEMORANDUM NO. 225-95 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND FEDERAL AND STATE TAX CREDITS, INC., FOR THE ADMINISTRATION OF A FEDERAL REIMBURSEMENT PROGRAM FOR THE RETRAINING OF EX-MILITARY PERSONNEL. 1. AGREEMENT. ADMINISTRATION RECOMMENDATION: THE CITY REFERRED TO THE CAPITAL IMPROVEMENTS/FINANCE COMMITTEE, A PROPOSAL FOR THE HIRING OF EX- MILITARY PERSONNEL TO SECURE FUNDING UP TO THE AMOUNT OF $10,000 REIMBURSEMENT FOR EACH EMPLOYEE HIRED UNDER THIS SPECIAL FEDERAL PROGRAM. IN SOME CASES, AN ADDITIONAL $500 FOR EACH PERSON HIRED WILL BE REIMBURSED TO THE CITY FOR REQUIRED JOB RELATED UNIFORMS, TOOLS, OR SPECIAL EQUIPMENT. ON FEBRUARY 21, 1995, THE COMMITTEE MET AND RECOMMENDED THAT THE CITY COMMISSION APPROVE THE PROPOSAL. THESE POTENTIAL EMPLOYEES ARE EX-MILITARY PERSONNEL AFFECTED BY THE DOWNSIZING PROCESSES OF THE MILITARY. THIS PROGRAM WILL BE USED FOR VARIOUS CLASSIFICATIONS THROUGHOUT THE CITY. THE ADMINISTRATION RECOMMENDS THAT THE CITY COMMISSION APPROVE THE AGREEMENT WITH FEDERAL AND STATE TAX CREDITS, INC., TO ADMINISTER THE PROGRAM AND REIMBURSEMENTS. (HUMAN RESOURCES DEPARTMENT) ACTION: Resolution No. 95-21520 adopted. C. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH REQUIREMENTS FOR SPECIAL EVENTS BY REQUIRING THAT ADEQUATE PROVISION BE MADE FOR THE MANAGEMENT OF THE IMPACT OF SPECIAL EVENTS UPON PUBLIC HEALTH, SAFETY AND WELFARE NEEDS PRIOR TO THE ISSUANCE OF SPECIAL EVENTS PERMITS. (REQUESTED BY COMMISSIONER DAVID PEARLSON) (HEAR IN CONJUNCTION WITH R-6-A) ACTION: Resolution No. 95-21521 adopted. D. COMMISSION MEMORANDUM NO. 226-95 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A THIRD NINETY (90) DAY EXTENSION OF THE POLICE TOWING PERMIT ISSUED TO BEACH TOWING SERVICE, INC., IN ORDER TO ALLOW TIME FOR CONSIDERATION OF AMENDMENTS TO THE POLICE VEHICLE TOWING ORDINANCE AND TO THE RULES AND REGULATIONS FOR POLICE TOWING PERMITS PRIOR TO THE ISSUANCE OF A NEW REQUEST FOR PROPOSALS; THE EXTENSION COMMENCING MARCH 31, 1995 AND ENDING JUNE 30, 1995. ADMINISTRATION RECOMMENDATION: THAT THE MAYOR AND CITY COMMISSION ADOPT THE RESOLUTION AUTHORIZING A 90-DAY EXTENSION OF THE POLICE TOWING PERMIT ISSUED TO BEACH TOWING SERVICE, INC. ACTION: Resolution No. 95-21522 adopted, as corrected (Third 90- Day Extension; not Second). E. COMMISSION MEMORANDUM NO. 227-95 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI REGULAR AGENDA - MARCH 15, 1995 PAGE NO. MARCH 15, 1995 15 BEACH, FLORIDA, OPPOSING RECOMMENDATIONS IN THE FEDERAL GOVERNMENT ADMINISTRATION'S FISCAL YEAR 1996 BUDGET REQUEST WHICH WOULD REMOVE FEDERAL PARTICIPATION IN BEACH NOURISHMENT PROJECTS; RECOMMENDING RETAINING THE CURRENT FEDERAL CRITERIA FOR FEDERAL PARTICIPATION AND COST SHARING; RECOMMENDING OPPOSING FUTURE LEGISLATION WHICH MAY ELIMINATE OR REDUCE FEDERAL PARTICIPATION IN SUCH PROJECTS. ADMINISTRATION RECOMMENDATION: THAT THE MAYOR AND CITY COMMISSION APPROVE A RESOLUTION OPPOSING RECOMMENDATIONS TO PRESIDENT BILL CLINTON'S FISCAL YEAR 1996 BUDGET, ELIMINATING ALLOCATION OF FUNDS USED IN FEDERAL PROJECTS INVOLVING SHORE EROSION CONTROL, HURRICANE AND STORM DAMAGE REDUCTION, FLOOD CONTROL PROJECTS AND BEACH NOURISHMENT PROJECTS. ACTION: Resolution No. 95-21523 adopted. Contact Washington D.C. lobbyist. F. COMMISSION MEMORANDUM NO. 238-95 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING A SECOND ONE-YEAR EXTENSION TERM OF THE MANAGEMENT SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND BEACH PARKING SYSTEMS, INC., (BPS) FOR THE OPERATION OF THE CITY OF MIAMI BEACH MUNICIPAL PARKING GARAGE 17-A, LOCATED AT 13TH STREET AND COLLINS AVENUE; AND FURTHER APPROVING AND AUTHORIZING AN INCREASE IN THE OPERATING EXPENSES PAID TO BPS DURING THIS SECOND EXTENSION TERM, FROM $186,800 TO $218,300. ADMINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION APPROVE THE SECOND ONE-YEAR EXTENSION OF THE MANAGEMENT SERVICES AGREEMENT WITH BEACH PARKING SYSTEMS, INC. (BPS), FOR THE MANAGEMENT AND OPERATION OF THE CITY OF MIAMI BEACH MUNICIPAL PARKING GARAGE 17- A, LOCATED AT 13TH STREET AND OCEAN DRIVE, WITH ONE AMENDMENT: THE GARAGE OPERATING EXPENSES PAID TO BPS WOULD INCREASE FROM $186,800 TO $218,300. ALL OTHER TERMS OF THE AGREEMENT WOULD REMAIN THE SAME. ACTION: Resolution No. 95-21524 adopted. Internal Audit to review BPS Contract at 13th Street garage after April 1, 1995. REGULAR AGENDA - MARCH 15, 1995 PAGE NO. MARCH 15, 1995 16 G. COMMISSION MEMORANDUM NO. 228-95 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING DATES AND TIMES FOR PUBLIC HEARINGS TO CONSIDER TWO ALTERNATE ORDINANCES AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SUBSECTION 14-7, ENTITLED "PROPOSED ZONING ORDINANCE AMENDMENTS - ZONING-IN-PROGRESS; AND AMENDING SUBSECTION 14-8, ENTITLED "PROPOSED COMPREHENSIVE PLAN AMENDMENTS - ZONING-IN-PROGRESS"; ONE ORDINANCE PROPOSED BY THE CITY COMMISSION ALLOWING THE CITY MANAGER TO ISSUE A MORATORIUM UPON THE VOTE OF THE CITY COMMISSION REFERRING A PROPOSED ZONING ORDINANCE OR COMPREHENSIVE PLAN AMENDMENT TO THE PLANNING BOARD AND IMPOSING THE MORATORIUM ON ALL PROJECTS EXCEPT THOSE WITH DESIGN REVIEW APPROVAL OR A VALIDITY ISSUED BUILDING PERMIT; AND AN ALTERNATE ORDINANCE ALSO PROVIDING FOR A TEN-DAY NOTICE PRIOR TO RECOMMENDING ZONING OR COMPREHENSIVE PLAN AMENDMENTS TO THE PLANNING BOARD AND IMPOSING THE MORATORIUM ON ALL PROJECTS EXCEPT THOSE WHICH HAVE BEEN PRESENTED TO THE DESIGN REVIEW BOARD FOR APPROVAL OR HAVE A VALIDLY ISSUED BUILDING PERMIT. 1. ORIGINAL AMENDED ORDINANCE "MORATORIA" (12/20/94). 2. REVISED AMENDED ORDINANCE "MORATORIA" (2/28/95). ADMINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION NOT SET A FIRST READING PUBLIC HEARING REGARDING THE AMENDMENTS TO SECTION 14 OF ZONING ORDINANCE NO. 89-2665, ENTITLED "CHANGES AND AMENDMENTS", REGARDING ZONING-AND PLANNING-IN-PROGRESS MORATORIA FOR BUILDING PERMITS AND OTHER APPROVALS, BASED ON THE PLANNING BOARD'S RECOMMENDATION NOT TO APPROVE SAID AMENDMENTS. (DEVELOPMENT, DESIGN AND HISTORIC PRESERVATION) ACTION: No public hearing was set; City withdrew its request; put issue back on next Planning Board agenda. REGULAR AGENDA - MARCH 15, 1995 PAGE NO. MARCH 15, 1995 17 H. COMMISSION MEMORANDUM NO. 229-95 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER AN EXCHANGE OF PROPERTIES THAT WOULD INCLUDE VACATION OF THAT PORTION OF CENTURY LANE AS ABUTS LOTS 4, 5 AND 6 ON THE PLAT OF BELLE ISLE VILLAS PB 42, PAGE 92, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; THE RECEIPT BY THE CITY OF AN ADJACENT PROPERTY, AN AGREEMENT FOR PRIVATE MAINTENANCE OF THE CITY PROPERTIES FRONTING THE VENETIAN CAUSEWAY ON EITHER SIDE OF CENTURY LANE, AND WAIVING THE BIDDING AND APPRAISAL PROVISIONS OF ORDINANCE NO. 92-2783. 1 CORRESPONDENCE FROM GERALD K. SCHWWARTZ, ATTORNEY AT LAW, REGARDING A REQUEST FOR VACATION OF PORTION OF CENTURY LANE ON BELLE ISLE, MIAMI BEACH TO BELLE ISLE ENTERPRISES THE ABUTTING PROPERTY OWNER. ADMINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION SET A DATE AND TIME FOR A PUBLIC HEARING TO CONSIDER THE EXCHANGE OF PROPERTIES ON CENTURY LANE, BELLE ISLE, AS SHOWN ON EXHIBIT A, AND THAT THE EXCHANGE ALSO REQUIRE THE UNDERGROUND PLACEMENT OF UTILITY LINES FROM VENETIAN WAY TO THE FIRST POLE ON THE EAST SIDE OF CENTURY LANE, AND TO INCLUDE THE MAINTENANCE OF TWO CITY TRACTS ON EITHER SIDE OF CENTURY LANE AT ISLAND AVENUE. 1. CORRESPONDENCE FROM GERALD K. SCHWARTZ, ATTORNEY AT LAW, REGARDING A REQUEST FOR VACATION OF PORTION OF CENTURY LANE ON BELLE ISLE, MIAMI BEACH TO BELLE ISLE ENTERPRISES THE ABUTTING PROPERTY OWNER. ACTION: Resolution No. 95-21525 adopted. Public Hearing scheduled on April 5, 1995 at 5:10 p.m. Request for fee waiver to be on April 5, 1995 agenda for approval. REGULAR AGENDA - MARCH 15, 1995 PAGE NO. MARCH 15, 1995 18 I. COMMISSION MEMORANDUM NO. 230-95 THE MAYOR AND MEMBERS OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFY THE ACTIONS OF THE MIAMI BEACH REDEVELOPMENT AGENCY IN OFFERING THE HCF GROUP, INC., 45 DAYS FROM MARCH 15, 1995 WITHIN WHICH TO OBTAIN A HOTEL CHAIN AFFILIATION AND ADDITIONAL EQUITY, AS SPECIFICALLY DESCRIBED IN THIS RESOLUTION. 1. CORRESPONDENCE FROM PETER J. CALIN, PRESIDENT, HCF GROUP, INC. 2. NEWSPAPER ARTICLE FROM THE MIAMI TIMES, MARCH 9, 1995, ENTITLED "SHERATON BACKS OUT OF DEAL FOR BLACK-OWNED MIAMI BEACH HOTEL". 3. MEMORANDUM FROM MAYOR SEYMOUR GELBER REGARDING HCF DISCUSSION. 4. CORRESPONDENCE FROM MIAMI PARTNERS FOR PROGRESS. 5. CORRESPONDENCE FROM EARL G. GRAVES, PRESIDENT AND CEO, EARL G. GRAVES LTD., AND PUBLISHER OF BLACK ENTERPRISE MAGAZINE. ADMINISTRATION RECOMMENDATION: IT IS RECOMMENDED THAT THE CITY ADOPT THE RESOLUTION RATIFYING THE FOLLOWING ACTIONS OF THE MIAMI BEACH REDEVELOPMENT AGENCY: THAT THE MIAMI BEACH REDEVELOPMENT AGENCY ("AGENCY") OFFER THE HCF GROUP, INC. ("HCF") 45 DAYS FROM MARCH 15, 1995 WITHIN WHICH TO OBTAIN A HOTEL CHAIN AFFILIATION (FLAG) AND ADDITIONAL EQUITY, AS MORE SPECIFICALLY DESCRIBED BELOW: 1) WITHIN 20 DAYS, HCF SHALL SUBMIT, IN WRITING, TO THE AGENCY A PROGRESS REPORT SPECIFICALLY IDENTIFYING THE NAMES OF HOTEL OPERATORS WITH WHOM THEY HAVE HAD DISCUSSIONS, THE OFFICIALS WITH WHOM THE DISCUSSIONS HAVE BEEN HELD, AND THE PROGRESS MADE WITH SAID OFFICIALS. 2) WITHIN 30 DAYS , HCF SHALL SUBMIT, IN WRITING, TO THE AGENCY, THE NAME OF THE HOTEL CHAIN THAT HAS BEEN SELECTED AND THE PROPOSED FINANCIAL ARRANGEMENTS WITH THAT OPERATOR. AT THE SAME TIME, HCF SHALL SUBMIT AN UPDATED SCHEDULE FOR EQUITY PARTICIPATION IN THE PROJECT BY THE NEW OPERATOR, HCF AND ANY OTHER SOURCES. 3) WITHIN 45 DAYS, HCF SHALL SUBMIT TO THE AGENCY AN AGREEMENT EXECUTED BY BOTH HCF AND SAID HOTEL OPERATOR EVIDENCING THE HOTEL OPERATOR'S BINDING COMMITMENT TO ACT AS HOTEL OPERATOR (FLAG) FOR THE PROJECT AND THE FINANCIAL OBLIGATION OF THE OPERATOR REGARDING THE PROJECT. HCF WILL ALSO PRESENT TO THE AGENCY, WITHIN THAT SAME 45 DAYS, A LETTER WHICH SHALL CONSTITUTE A BINDING COMMITMENT BY INDIVIDUALS AND/OR ENTITIES TO INFUSE THE ADDITIONAL EQUITY NEEDED FOR THE PROJECT. THAT LETTER WILL BE SIGNED BY SUCH INDIVIDUALS AND/OR ENTITIES. IF THE CONDITIONS INDICATED IN THE PRECEDING TWO SENTENCES HAVE BEEN MET, THE AGENCY WILL CONSIDER APPROVING THE HOTEL OPERATOR AFFILIATION AND ESTABLISHING A SCHEDULE FOR NEGOTIATIONS. 4) NEITHER THE CITY NOR THE AGENCY IS OBLIGATED TO GRANT THIS EXTENSION OR ANY FURTHER EXTENSION OF TIME REGARDING ANY OF THE ABOVE STEPS IN THE EVENT THE CONDITIONS DESCRIBED ABOVE HAVE NOT BEEN MET. REGULAR AGENDA - MARCH 15, 1995 PAGE NO. MARCH 15, 1995 19 ACTION: Resolution No. 95-21526 adopted as amended; prepare after- the-fact, see RDA item 2C; continue with negotiations; Alex Tachmes to prepare letter for City Manager to send HCF with amended tickpoints. Make sure Arthur Courshon, Meyers, and Legal edit. Dean Mielke ask Manny Chavez to run corporate record with Secretary of State HCF. Any history with Robert and Samantha Schwebke and Lawrence Manning. R-8. OLD BUSINESS AND ADMINISTRATION REPORTS A. VERBAL REPORT ON THE CITY'S 80TH BIRTHDAY CELEBRATION HELD ON MARCH 11 AND 12, 1995. ACTION: Reported. B. COMMISSION MEMORANDUM NO. 231-95 INTERNAL PROCEDURES FOR IMPLEMENTATION OF SPECIAL ASSESSMENT DISTRICTS REQUESTED BY NEIGHBORHOODS. ADMINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION APPROVE THE FOLLOWING ADDITIONAL INTERNAL PROCEDURES FOR IMPLEMENTATION OF SPECIAL ASSESSMENT DISTRICTS REQUESTED BY A NEIGHBORHOOD TO PAY FOR CAPITAL IMPROVEMENT PROJECTS WITHIN THE NEIGHBORHOOD. ACTION: Discussed; amendments to be made -- 51% individual property owners to be in favor, not merely participants. Kaslyn Mohamed to meet with Don Kipnis regarding number of poles. C. COMMISSION MEMORANDUM NO. 232-95 DISCUSSION REGARDING THE VISITOR INDUSTRY PLAN (VIP) EXECUTIVE SUMMARY. ACTION: Deferred until the Bureau approves the Plan. D. COMMISSION MEMORANDUM NO. 233-95 STATUS REPORT ON ADA COMPLIANCE. ACTION: Reported; coordinate with Loew's Hotel, Theater, new parking garages re: compliance. REGULAR AGENDA - MARCH 15, 1995 PAGE NO. MARCH 15, 1995 20 E. CORRESPONDENCE FROM MICHAEL MILBERG, CHAIRPERSON, BUDGET ADVISORY COMMITTEE, REQUESTING TO RESCHEDULE THE JOINT MEETING OF THE CITY COMMISSION AND THE BUDGET ADVISORY COMMITTEE. ACTION: Time Certain scheduled on April 5, 1995 at 3:00 p.m. to hear BAC report. F. COMMISSION MEMORANDUM NO. 239-95 CITY OF MIAMI BEACH/PORTOFINO LAND TRANSACTION. 1. PROPOSAL. 2. CORRESPONDENCE FROM GREENBERG TRAURIG, ATTORNEYS AT LAW, REPRESENTING PORTOFINO GROUP. 3. CORRESPONDENCE FROM ED RESNICK. RECOMMENDATION: THE CITY ATTORNEY'S OFFICE AND THE CITY ADMINISTRATION RECOMMEND THE CITY COMMISSION'S APPROVAL IN CONCEPT OF THE PROPOSED TRANSACTION AT THE JOINT SPECIAL MEETING OF MARCH 22, 1995. ACTION: Deferred to a Special Joint meeting with the City Commission and the Redevelopment Agency on Wednesday, March 22, 1995 at approximately 4:00 p.m. Clarify role of Harvard University in regards to Portofino before next meeting (cost, time, scope). G. COMMISSION MEMORANDUM NO. 234-95 REGIONAL ACTIVITY CENTER DESIGNATION - INCREASE IN DEVELOPMENT OF REGIONAL IMPACT (DRI) THRESHHOLD FOR CONVENTION HOTEL. ACTION: DRI Ordinance to be placed on April 5, 1995 agenda. Make sure that South Florida Regional Planning Council is okay with ordinance. H. VERBAL REPORT ON THE OJUS TRACT SALE NEGOTIATIONS. ACTION: Reported. Negotiations to continue. Report back to Commission on April 5, 1995. I. COMMISSION MEMORANDUM NO. 235-95 CORAL ROCK HOUSE DONATION TO UNIDAD/PROGRESS ON DEVELOPMENT OF AN HISPANIC COMMUNITY CENTER. 1. MEMORANDUM FROM COMMISSIONER NANCY LIEBMAN. 2. CORRESPONDENCE FROM VICTOR M. DIAZ, JR., UNIDAD. ADMINISTRATION RECOMMENDATION: NO ACTION IS REQUESTED OF THE CITY COMMISSION AT THIS TIME. THE ADMINISTRATION WILL CONTINUE TO ASSIST UNIDAD IN ITS EFFORT TO MAKE THE HISPANIC COMMUNITY CENTER A REALITY. ACTION: Public Hearing set for May 3, 1995 at 4:00 p.m. Work on UNIDAD sites for public hearing. April 13, 1995 drop-dead date REGULAR AGENDA - MARCH 15, 1995 PAGE NO. MARCH 15, 1995 21 regarding identification of sites to City Clerk for notice. J. COMMISSION MEMORANDUM NO. 240-95 STATUS REPORT ON RECREATION DIVISION YOUTH BASEBALL PROGRAM. (RECREATION, CULTURE AND PARKS DEPARTMENT) ACTION: Administration asked to re-advertise and reprint flyers with language about fee waiver. Issues like this should go to the Recreation Center and Parks Facilities Board. R-9. NEW BUSINESS AND COMMISSION REQUESTS A. REPORT ON SCHEDULING ELECTION REFORM WORKSHOP(S). (REQUESTED BY COMMISSIONER NEISEN KASDIN) ACTION: Discussed; schedule voting rights workshops. B. REPORT FROM THE AUDIT COMMITTEE. (REQUESTED BY COMMISSIONER NEISEN KASDIN) ACTION: Place on April 5, 1995 agenda at a time certain of 9:15 a.m. Audit Committee members to be invited to attend. Audit Committee to be on agenda quarterly with minutes sent to City Commission each month. C. DISCUSSION REGARDING THE PARKING WORKSHOP TO BE HELD SATURDAY, MARCH 25 AND SUNDAY, MARCH 26, 1995. (REQUESTED BY MAYOR SEYMOUR GELBER) ACTION: Workshop to be held in Convention Center starting at 9:00 a.m. each day. Workshop to be taped. Make sure panel members get study in advance. Invite franchise towing companies. D. DISCUSSION AND UPDATE OF THE CITY MANAGER SELECTION PROCESS. (REQUESTED BY MAYOR SEYMOUR GELBER) 1. MEMORANDUM FROM MICHELE PULDY-BURGER, AIDE TO THE MAYOR AND CITY COMMISSION, REGARDING SHORTLIST RECOMMENDATION, CITY MANAGER SELECTION COMMITTEE. ACTION: Six short listed individuals: Jose Garcia-Pedrosa; Alicia Perez; Sergio Rodriguez; Charles Scurr; Christopher Brown and Samuel Halter. Individual interviews to be set up and select by April 19th. REGULAR AGENDA - MARCH 15, 1995 PAGE NO. MARCH 15, 1995 22 E. DISCUSSION REGARDING FRANCHISE GARBAGE CONTRACTORS. (REQUESTED BY COMMISSIONER NANCY LIEBMAN) 1. REQUEST FOR LEGAL OPINION REGARDING THE REQUIREMENTS FOR ISSUING ADDITIONAL FRANCHISE PERMITS FOR WASTE REMOVAL ON MIAMI BEACH (C.M.O. NO. 2-10/94, C.A.O. 94-11). (REQUESTED BY COMMISSIONER NANCY LIEBMAN) ACTION: Discussed. Referred to Community Affairs Committee. F. DISCUSSION REGARDING DESIGN AMENDMENTS TO PUBLIC/PRIVATE DEVELOPMENT AGREEMENTS. (REQUESTED BY COMMISSIONER NANCY LIEBMAN) ACTION: Deferred to April 5, 1995 or to a time certain on april 19, 1995. G. DISCUSSION REGARDING USE OF PUBLIC LIGHT POLES FOR ADVERTISING BANNERS. (REQUESTED BY COMMISSIONER NANCY LIEBMAN) ACTION: Discussed. Develop policy on banners for streets and bring back to Commission. H. DISCUSSION/REPORT FROM THE INTERNATIONAL DOWNTOWN ASSOCIATION DENVER MEETING TO BE GIVEN BY COMMISSIONER NANCY LIEBMAN, LYNN BERNSTEIN, RONNIE SINGER AND CHRIS BURDICK. (REQUESTED BY COMMISSIONER NANCY LIEBMAN) ACTION: Disscussed; follow up. R-10. CITY ATTORNEY REPORTS A. CITY ATTORNEY COMMISSION MEMORANDUM NO. 236-95 CITY ATTORNEY STATUS REPORT. For information only. END OF AGENDA R-11 ITEMS NOT ON AGENDA A. LINCOLN ROAD EXECUTIVE COMMITTEE MEETING Prepare a letter from City Manager to clarify what he said to the Lincoln Road Executive Committee regarding parking requirements.