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HomeMy WebLinkAbout07151998July 15, 1998 Commission Meeting Mayor Neisen O. Kasdin Vice-Mayor Nancy Liebman Commissioner Simon Cruz Commissioner David Dermer Commissioner Susan F. Gottlieb Commissioner Martin Shapiro Commissioner Jose Smith City Manager Sergio Rodriguez City Attorney Murray H. Dubbin City Clerk Robert E. Parcher "Visit us on the internet at http://ci.miami-beach.fl.us for current and past agendas" AFTER ACTION Call to Order - 9:24 a.m. Inspirational Message and Pledge of Allegiance Requests for Additions, Withdrawals, and Deferrals PA- Presentations and Awards PA1 Certificate of Appreciation to be Presented to Judge Sam Silver for His Valued Service to the City of Miami Beach During His Tenure as Special Master. ACTION: Certificate presented. PA2 Certificate of Appreciation to be Presented to Professor Alvaro Malo Commending His Valuable Contributions to the City of Miami Beach as a Prominent Architect, Designer and Builder. (City Manager's Office) ACTION: Certificate presented. PA3 Certificate of Appreciation to be Presented to Officer Mike Pryor for His Valuable Assistance at the Site of an Accident. (Mayor Kasdin) ACTION: Certificate presented. PA4 Certificate of Appreciation to be Presented to Rhonda Crenshaw for Outstanding Work and Professionalism. (Mayor Kasdin) ACTION: Certificate presented. ADD-ON ITEM: PA5 Certificates of Appreciation presented to Miami Beach Firefighters in stations 1, 2, 3, and 4 -“C” Shift, for the exceptional manner in which they handled extinguishing a fire on Washington Avenue on June 25, 1998. ACTION: Certificates presented. ADD-ON ITEM: PA6 Certificate of Appreciation presented to Stephen Nostrand. ACTION: Certificate presented. Handout: Report comparing 1993 and 1998 of the “Attitude” of Greater Miami to global standards. Also included is a lapel pin official seal of excellence for VESTT. Also included is a campaign pin “put the I in taxi”. ADD-ON ITEM: Mayor Kasdin introduced item C7U, “Truth Train,” Tobacco Control Project and requested it be placed on the Consent Agenda as an emergency item. Motion made by Commissioner Gottlieb; seconded by Commissioner Cruz. Vote: 7-0. CONSENT AGENDA Consent Agenda Approved. Motion made by Commissioner Smith, seconded by Commissioner Gottlieb. Vote 6-0. Absent Mayor Kasdin. C2 - Competitive Bid Reports C2A Commission Memorandum No. 465-98 Request for Retroactive Approval to Award a Purchase Order to Park Structures, Inc. and Cushiondeck International, for a Combined Amount of $19,140.47, Pursuant to Volusia County Bid No. 97-B-139 for the Purchase and Installation of Kidsafe Play Tiles and State Of Florida Snaps Agreement #80573 for the Purchase and Installation of Playground Poured-in-Place Safety Surfacing at Crespi Park. Administration Recommendation: Approve the Award. (Recreation, Culture and Parks) ACTION: Award authorized retroactively. Judy Ford to issue Purchase Order. Kevin Smith to handle. C2B Commission Memorandum No. 466-98 Request for Approval to Award a Purchase Order to Biscayne-Havana Fire & Safety Co. in the Amount of $22,800, Pursuant to Citrus County Board of County Commissioners Bid Number 98-53 for the Purchase of Fire Hose with Couplings. Administration Recommendation: Approve the Award. (Fire Department) ACTION: Award authorized. Judy Ford to issue Purchase Order. Chief Garcia to handle. C2C Commission Memorandum No. 467-98 Request for Approval to Award a Contract to Weathertrol Maintenance Corp. in the Amount of $33,382, Pursuant to Bid No. 63-97/98 for Supply and Installation of One Air-Cooled Chiller at the Miami Beach Convention Center. Administration Recommendation: Approve the Award. (Convention Center) ACTION: Award authorized. Judy Ford to process contract. Mayra Diaz Buttacavoli to handle. C2D Commission Memorandum No. 468-98 Request for Approval to Award a One-Year Contract to Ferguson Underground in the Estimated Amount of $31,820.90 Pursuant to Bid No. 64-97/99 for Providing Stainless Steel Pipe Repair Clamps, with an Option to Renew for a Second Year. Administration Recommendation: Approve the Award. (Public Works) ACTION: Award authorized. Judy Ford to process contract. Julio Grave de Peralta to handle. C2E Commission Memorandum No. 469-98 Request for Approval to Award a Contract to Dock & Marine Construction Inc., in the Amount of $11,460, Pursuant to Bid No. 72-97/98 for Seawall Repair at 836 West DiLido Drive and 845 East DiLido Drive. Administration Recommendation: Approve the Award. (Public Works) ACTION: Award authorized. Judy Ford to process contract. Julio Grave de Peralta to handle. City Clerk's Note: 12/21/99: Copy of the Miami-Dade County Department of Environmental Resources Management Natural Resources Division - Agreement for CLASS I COASTAL CONSTRUCTION PERMIT, city of Miami Beach Public Works Department - New Batterpiles and Seawall cap. The document is filed in the City Clerk's file ref # 171 - Dec. 20, 1999. C2F Commission Memorandum No. 470-98 Request for Approval to Award a Contract to Edd Helms Electric in the Amount of $139,150 for the Emergency Replacement of a Section of the Electrical Buss Duct System at the Miami Beach Convention Center. Administration Recommendation: Approve the Award. (Property Management) ACTION: Award authorized. Judy Ford to process contract. Brad Judd to handle. C4 - Commission Committee Assignments C4A Referral to the Land Use Committee - Purchase of the Right-of-Way at 1401 W. 21st Street. (Requested by Vice Mayor Nancy Liebman) ACTION: Referred. Janet Gavarrete to place on the committee agenda. C7 - Resolutions C7A Commission Memorandum No. 471-98 A Resolution Authorizing the City Manager, or His Designee, to Receive and Process Any Petitions for Initiatives and Referendums, to Sign All Required Contracts, Agreements, Purchase Orders, and Change Orders that May Affect the Health, Safety, or Welfare of the City, to Temporarily Renew Existing Contracts Which May Expire, and to Toll All Required City Commission Acts Relative to Administrative Appeals Provided for In Zoning Ordinance No. 89-2665, From the Last Commission Meeting in July, 1998 Until the First Commission Meeting in September, 1998, Subject to Ratification by the City Commission at its First Meeting in September, 1998. Administration Recommendation: Adopt the Resolution. (City Manager's Office) ACTION: Resolution No. 98-22823 adopted. Judy Hoanshelt to handle. C7B Commission Memorandum No. 472-98 A Resolution Authorizing the Administration to Accept the Ranking of Proposals Received and Enter into Negotiations With the Number-One Ranked Firm, Mount Sinai Medical Center, Pursuant to RFP No. 42 - 97/02 to Provide Comprehensive Medical Evaluations, Medical Records Retention, Psychiatric Services, an Immunization Program, a Drug and Alcohol Testing Program, a Wellness Program, an Employee Assistance Program, and Workers' Compensation Claims Evaluation and Treatment, for City of Miami Beach Employees and/or Employment Applicants; Should the Administration Be Unable to Reach Agreement with Mount Sinai Medical Center, Authorizing the Administration to Enter into Negotiations with the Second-Ranked Firm, Miami Heart Institute and Medical Center. Administration Recommendation: Adopt the Resolution. (Human Resources) ACTION: Resolution No. 98-22824 adopted. T. C. Adderly to handle. C7C Commission Memorandum No. 473-98 A Resolution Authorizing the City Manager or his Designee to Submit a Grant Proposal, in Cooperation with South Florida Storm, Inc. for Funding in the Amount of $7,500, from Miami-Dade County's Park Programming, Improvements and Library Information Access Services, Community-Based Organizations Fund, for the Purpose of Funding a Junior Wheelchair Basketball League Program; Appropriating the Funds if the Proposal is Approved and Further Authorizing the Mayor and City Clerk to Execute all Necessary Documents Related to this Grant Proposal. Administration Recommendation: Adopt the Resolution. (Recreation, Culture and Parks) ACTION: Resolution No. 98-22825 adopted. Kevin Smith to handle. C7D Commission Memorandum No. 474-98 A Resolution Accepting a Donation from BellSouth of Two (2) Police Bicycles, Valued at Approximately $2,000.00 for Use by the Miami Beach Police Department. Administration Recommendation: Adopt the Resolution. (Police Department) ACTION: Resolution No. 98-22826 adopted. Chief Barreto to handle. C7E Commission Memorandum No. 475-98 A Resolution Authorizing the Mayor and City Clerk of the City of Miami Beach, Florida, to Execute Agreements for a Two-Year Contract with the Seven Top-Ranked Firms, Bermello, Ajamil & Partners, Inc.; Corzo, Castella, Carballo, Thompson, Salman (C3TS); Carr Smith Corradino; E.N. Bechamps & Associates, Inc.; Giller & Giller, Inc.; M.C. Harry Associates; and REG Architects, Inc., Pursuant to Request for Qualifications (RFQ) No. 110-96/98 for Providing Professional Architectural/Engineering Services on a Rotational Basis, for Capital Projects Where Basic Construction Cost Does Not Exceed $500,000 per Project, and for Study Activities for Which the Fee Does Not Exceed $25,000. Administration Recommendation: Adopt the Resolution. (Public Works) (Resolutions in Legal - to Be Submitted) ACTION: The following Resolutions were adopted. 1. Resolution No. 98-22827 adopted. Bermello, Ajamil & Partners Inc. 2. Resolution No. 98-22828 adopted. Corzo, Castella, Carballo, Thompson, Salman (C3TS). 3. Resolution No. 98-22829 adopted. Carr Smith Corradino. 4. Resolution No. 98-22830 adopted. E.N. Bechamps & Associates, Inc. 5. Resolution No. 98-22831 adopted. Giller & Giller Inc. 6. Resolution No. 98-22832 adopted. M.C. Harry Associates. 7. Resolution No. 98-22833 adopted. REG Architects Inc. Julio Grave de Peralta to handle. C7F Commission Memorandum No. 476-98 A Resolution Accepting the Ranking of Responses Received and Authorizing the Administration to Enter into Negotiations for a Two-Year Contract with the Two Top-Ranked Firms, Curtis & Rogers Design Studio, Inc. and Savino & Miller Design Studio, Pursuant to Request for Qualifications (RFQ) No. 111- 96/98 for Providing Professional Landscape Architectural Services on a Rotational Basis, for Capital Projects Where Basic Construction Cost Does Not Exceed $500,000 per Project, and for Study Activities for Which the Fee Does Not Exceed $25,000. Administration Recommendation: Adopt the Resolution. (Recreation, Culture and Parks) (Deferred from 7/1/98) ACTION: Resolution No. 98-22834 adopted as amended to negotiate with the four firms, (Rosenberg Design Group, Curtis & Rogers Design Studio, Inc., Savino and Miller Design Studio, ad Robert M. Mitchell III, ASLA). Motion made by Commissioner Gottlieb; seconded by Vice-Mayor Liebman. Vote 7-0. Kevin Smith to handle. C7G Commission Memorandum No. 477-98 A Resolution Authorizing the Mayor and City Clerk to Execute, on Behalf of the City of Miami Beach Police Department, a Mutual Aid Agreement with the Town of Bay Harbor Islands, Florida, for the Purpose of Coordinating Law Enforcement Planning, Operations, and Mutual Aid Benefits Between the Town of Bay Harbor Islands and the City. Administration Recommendation: Adopt the Resolution. (Police Department) ACTION: Resolution No. 98-22835 adopted. Chief Barreto to handle. C7H Commission Memorandum No. 478-98 A Resolution Approving and Authorizing the City Manager to Issue a Certification of Consistency with the City's Consolidated Plan to Douglas Gardens Community Mental Health Center of Miami Beach, Inc. To Utilize Funds Provided by the Department of Housing and Urban Development to Operate Thirty (30) Units of Supportive Housing for Disabled Persons with HIV/AIDS at Various Locations Throughout South Beach. Administration Recommendation: Adopt the Resolution. (Community/Economic Development) ACTION: Resolution No. 98-22836 adopted. Harry Mavrogenes to handle. C7I Commission Memorandum No. 479-98 A Resolution Approving and Authorizing the Mayor and City Clerk to Execute a Lease Agreement with La Gorce Palace, Inc. To Lease Rooftop Space for Mounting Radio Antennae and Microwave Dishes, and to Lease Interior Space for the Placement of Related Equipment. Administration Recommendation: Adopt the Resolution. (Asset Management) ACTION: Resolution No. 98-22837 adopted. Joe Damien to handle. C7J Commission Memorandum No. 480-98 A Resolution Setting a First Reading Public Hearing on Wednesday, September 23, 1998, at 2:00 p.m. to Consider Proposed Amendments to the Zoning Ordinance Currently Being Considered by the Planning Board Consisting of: 1) An Amendment to the Zoning Ordinance Which Would Reduce the Allowable Floor Area Ratios (FAR's) for Buildings in a Number of Zoning District Classifications (as more particularly described in the attached materials); and, 2) An Amendment to the Zoning Ordinance Which Would Rezone a Number of Areas on the Zoning Map from Their Existing Zoning District Classifications to New Zoning District Classifications (as more particularly described in the attached materials). Administration Recommendation: Adopt the Resolution. (Planning Department) (Resolution in Legal - to Be Submitted) ACTION: Resolution No. 98-22838 adopted. The Administration to arrange a Commission tour between September 20th and 23rd. Janet Gavarrete to arrange the tour. Dean Grandin to provide notice and mailing labels to the Clerk’s office. R. Parcher to notice. Note - 30-day notice requirement and second Public hearing needs to be set after 5:00p.m. C7K Commission Memorandum No. 481-98 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 with the Sole Responsive Proposer, Law Enforcement Psychological and Counseling Associates, Inc., Pursuant to RFP No. 38-97/02 to Provide Psychological Services for Employment Applicants in the Police Officer, Firefighter, and Related Classifications and for City Employees. Administration Recommendation: Adopt the Resolution. (Human Resources) ACTION: Resolution No. 98-22839 adopted. T. C. Adderly to handle. C7L Commission Memorandum No. 482-98 A Resolution of the Mayor and City Commission of the City of Miami Beach to Ratify the Three Year Labor Agreement Between the City of Miami Beach and the International Association of Firefighters, Local 1510 (IAFF), for the Period from October 1, 1997 Through September 30, 2000, and Authorize the Mayor and City Clerk to Execute the Agreement. Administration Recommendation: Adopt the Resolution. (Labor Relations) ACTION: Withdrawn. C7M Commission Memorandum No. 483-98 A Resolution to Ratify the Three Year Labor Agreement Between the City of Miami Beach and the Fraternal Order of Police (FOP) William Nichols Lodge No. 8 (FOP), for the Period from October 1, 1997, through September 30, 2000, and Authorize the Mayor and City Clerk to Execute the Agreement. Administration Recommendation: Adopt the Resolution. (Labor Relations) ACTION: Resolution No. 98-22840 adopted. Motion made by Commissioner Cruz; seconded by Commissioner Smith. Vote: 7-0. Richard Bender to handle. Vice-Mayor Liebman requested cost figures for take home vehicles and 10 hour, 4 day shift. C7N Commission Memorandum No. 484-98 A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Establishing an "Adopt-A-Park" Program Account for the North Shore Park Youth Center and Appropriating Funds to Said Account as they are Received from Various Federal, State, Local or Foundation Grant Sources, Corporate Donations, Individual Donations, or other Private Sector Support to Assist in the Construction, Maintenance and Operation of the North Shore Park Youth Center in Accordance with the City's Parks Master Plan. Administration Recommendation: Adopt the Resolution. (Requested by Commissioner Jose Smith) ACTION: Resolution No. 98-22841 adopted. Kevin Smith to handle. C7O Commission Memorandum No. 485-98 A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Adopting the Seventh Amendment to the Police Confiscation Trust Fund for Fiscal Year 1997/98, in the Amount of $25,000, to be Funded from the Proceeds of State Confiscated Funds. Administration Recommendation: Adopt the Resolution. (Police Department) ACTION: Resolution No. 98-22842 adopted. Chief Barreto to handle. C7P Commission Memorandum No. 486-98 A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Approving and Authorizing the City Manager to Issue a Certification of Consistency with the City's Consolidated Plan to Ayuda, Inc. To Utilize Funds from the U.S. Department of Housing and Urban Development under the Supportive Housing Program to Operate Twenty (20) Scattered Units of Supportive Housing for Formerly Homeless Persons with Mental Health Disorders. Administration Recommendation: Adopt the Resolution. (Economic/Community Development) (Documents in Legal - To Be Submitted) ACTION: Motion made by Commissioner Cruz to defer to later in the day; seconded by Commissioner Gottlieb. Vote: 6-0. Absent Mayor Kasdin. Resolution No. 98-22843 adopted. Motion made by Vice- Mayor Liebman; seconded by Commissioner Smith. Vote: 5-2.(opposed: Commissioners Gottlieb and Shapiro). Harry Mavrogenes to handle. Handout: Administration reference, Issue a Certificate of Consistency to Ayuda, Inc. C7Q Commission Memorandum No. 487-98 A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Authorizing the City Manager, or His Designee, to Receive, Process and Sign all Required Contracts, Agreements, Purchase Orders, and Change Orders Related to the Repairs, Demolition, or Construction Deemed Necessary to Correct any Hazardous Conditions Identified as a Result of an Inspection of the Pavilions, Decking and Ramps at North Shore Open Space Park, from the Last Commission Meeting in July, 1998, Until the First Commission Meeting in September, 1998, Subject to Ratification by the City Commission at its first Meeting in September, 1998. Administration Recommendation: Adopt the Resolution. (Recreation, Culture and Parks) ACTION: Resolution No. 98-22844 adopted. Kevin Smith to handle. C7R Commission Memorandum No. 488-98 Resolution Appointing Steering Committees; Appropriating Funds in an Amount not to Exceed $175,000 from Unallocated Bond Fund 351; and Authorizing the Administration to Contract for Professional Services in Connection with a Planning Study for City Owned Properties at 17th and Washington; 18th Street and Convention Center Drive; and 73rd Street Lot. Administration Recommendation: Adopt the Resolution. (Planning Department) ACTION: Discussion held in conjunction with R9F. Resolution not adopted.| C7S Commission Memorandum No. 489-98 A Resolution of the Mayor and City Commission Accepting a $30,000 Grant Through Miami-Dade County from the Florida Department of Community Affairs; Approving and Authorizing the Mayor and City Clerk to Execute an Interlocal Agreement Between the City of Miami Beach and Miami-Dade County in Order to Jointly Complete a Local Mitigation Strategy; and Approving and Authorizing the City Manager to Execute a Letter of Intent to Participate. Administration Recommendation: Adopt the Resolution. (Fire Department) ACTION: Resolution No. 98-22846 adopted. Mayra Diaz Buttacavoli and Chief Jordan (Fire Department) to handle. C7T City Attorney Commission Memorandum No. 490-98 Resolution Authorizing Dade County Canvassing Board to Serve as City's Canvassing Board for September 1, 1998 First Primary Election. ACTION: Resolution No. 98-22847 adopted. Robert Parcher to handle. ADD-ON ITEM: C7U Commission Memorandum No. 535-98 A Resolution Approving a Fee Waiver for Costs That Are Not Out-Of-Pocket for the Use of the Jackie Gleason Theater of the Performing Arts, in the Amount of $6,607.50, for the State of Florida’s Pilot Program on Tobacco Control Project, for this Summer’s Event Entitled, “Truth Train,” to Be Held on August 9-10, 1998, at the Jackie Gleason Theater of the Performing Arts. Administration Recommendation: Adopt the Resolution. (Requested by Mayor Kasdin) ACTION: Resolution No. 98-22845 adopted. Mayra Diaz Buttacavoli to handle. Handout: Letter from Rob Anderson, Vice-President, Zynyx Marketing Communications for the Florida Pilot Program on Tobacco Control, to Mayor Kasdin and Members of the Commission, dated July 15, 1998, RE: Teen Tobacco Summit. End of Consent Agenda REGULAR AGENDA R2 - Competitive Bid Reports R2A Commission Memorandum No. 492-98 Request for Approval to Award a Contract to Vila and Son Landscaping Corp. in the Amount of $960,211.50 Pursuant to Bid No.79-97/98 for 41st Street Beautification Project, Phase I. Administration Recommendation: Approve the Award. (Public Works) ACTION: Heard in conjunction with item R7N. Award approved. Motion made by Vice-Mayor Liebman; seconded by Commissioner Smith; voice vote: 7-0. Julio Grave de Peralta to handle. R2B Commission Memorandum No. 493-98 Request for Approval to Award a Contract to Weiss & Woolrich Southern Enterprises, Inc. in the Amount of $7,245,000, Pursuant to Bid No. 44-97/98 for Roof Repair/Replacement at the Miami Beach Convention Center and the Jackie Gleason Theater of the Performing Arts. Funding: Convention Center Enterprise Fund. Administration Recommendation: Authorize the award. (Convention Center) (Deferred from 6/17/98) ACTION: Discussion held. Motion made by Commissioner Dermer to defer the item for 50 days (until September 9th) and to establish, as recommended by the TCCEA board, a Blue Ribbon panel; seconded by Commissioner Shapiro; ballot vote: 4 in favor (Commissioners Cruz, Dermer, Shapiro, Smith); 3 opposed (Mayor Kasdin, Vice-Mayor Liebman and Commissioner Gottlieb). Administration to develop a list of names as possible members of the panel and to circulate the list to the Commissioners for comment and input. Report back to the Commission with a recommendation at the September 9th meeting. Mayra Diaz Buttacavoli to handle. Judy Hoanshelt to place on the September 9th Commission agenda. Handouts: 1. Copy of a letter referenced in the discussion. Letter to Mayor Kasdin and Members of the City Commission, from Mr. Michael J. Daley, dated July 14, 1998, RE: Bid #44-97/98 Roof Repair/Replacement at Miami Beach Convention Center and the Jackie Gleason Theater of the Performing Arts. 2. Memo to Susan Gottlieb from Kent Harrison Robbins, dated July 13, 1998, RE: Convention Center / TOPA Roof. Attached to the memo is a copy of an engineering analysis prepared by Arnold L. Goldman, P.E., dated July 8, 1998. Letterhead: Ronial Enterprises, Inc. , Professional Engineers and Planners. R5 - Ordinances R5A Commission Memorandum No. 494-98 Second Reading Public Hearing - An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Comprehensive Zoning Ordinance No. 89-2665 by Amending Section 14, Entitled "Changes and Amendments, by Amending Subsection 14-7, Entitled "Proposed Zoning Ordinance Amendments -- Zoning-In-Progress Moratoria on Permits and Approvals," by Deleting Subsections 14-7(A) and (B), and Amending Subsection 14-7(C) to Provide for the Application of Equitable Estoppel to Certain Projects and to Provide for Review for Projects Which Are Not Presumed to Have Achieved Equitable Estoppel and by Amending Section 14-8, Entitled "Proposed Comprehensive Plan Amendments-- Planning-In-Progress Moratoria on Permits and Approvals;" by Deleting Subsections 14-8(A) and (B), and Amending Subsection 14-8(C) to Provide for the Application of Equitable Estoppel to Certain Projects Which Are Not Presumed to Have Achieved Equitable Estoppel; Providing for Inclusion in the Zoning Ordinance, Repealer, Severability and an Effective Date. 10:15 a.m. Public Hearing, Second and Final Reading Administration Recommendation: Adopt the Ordinance. (Planning Department) (First Reading 6/17/98) ACTION: Public hearing held. Ordinance No. 98-3130 adopted as amended. Motion made by Commissioner Smith; seconded by Commissioner Cruz; ballot vote: 5-2 (opposed: Commissioners Dermer and Shapiro). Dean Grandin to handle. City Clerk’s note: Amendments made on the floor are available in the City Clerk's office. See Handout Folder. R5B City Attorney Commission Memorandum No. 495-98 An Ordinance Amending Chapter 2 of the City Code Entitled "Administration", by Creating a New Section 2-35 Entitled "Special Master Proceedings to Determine the Application of Equitable Estoppel Criteria to Development Projects"; Providing for Codification, Severability, Repealer, and an Effective Date". 11:00 a.m. Public Hearing, Second and Final Reading Recommendation: Adopt the Ordinance. (City Attorney's Office) (First Reading 5/6/98) (Second Reading 6/17/98 - Opened and Continued) ACTION: Motion to refer the ordinance to the Land Use Committee was made by Commissioner Smith; seconded by Commissioner Cruz; vote: 7-0. Janet Gavarrete to place on the committee agenda with a copy of the amended ordinance. R5C City Attorney Commission Memorandum No. 496-98 An Ordinance Amending a New chapter Entitled "Agencies, Boards, and Committees" by Amending Section 2.13.5 Thereof by Amending the Composition of the Committee on the Homeless and Amending Section 2.10.4 by Amending the Composition of the Health Advisory Committee, Providing for Codification, Severability, and an Effective Date. 11:30 a.m. Second Reading and Public Hearing Recommendation: Adopt the Ordinance. (City Attorney's Office) ACTION: Public hearing held. Ordinance No. 98-3131 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Gottlieb; ballot vote: 7-0. Ronnie Singer and T.C. Adderly to handle. R5D Commission Memorandum No. 497-98 Second Reading Public Hearing - An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Zoning Ordinance No. 89-2665, Amending Section 12 Entitled "Liquor Control Regulation" by Amending Subsection 12-1(c), Entitled "Hours of Sale" and Subsection 12-3 Entitled "Exemptions" by Limiting Sales of Beer and Wine for Off-Premises Consumption to the Hours of 8:00 a.m. Through 10:00 p.m. For All Vendors Licensed for Such Sales and Removing All Exemptions from Those Hours of Sale. 3:00 p.m. Public Hearing, Second and Final Reading Administration Recommendation: Adopt the Ordinance. (Planning Department) (First Reading 6/17/98) ACTION: Public hearing held. Ordinance No. 98-3132 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Cruz; ballot vote: 7-0. Al Childress to notify effected parties. R5E Commission Memorandum No. 498-98 Second Reading Public Hearing - An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Comprehensive Zoning Ordinance No. 89-2665 by Amending Section 18, Entitled "Design Review Board, Section 18-2, Entitled "Design Review Procedures", by Correcting the Time Period for Filing an Appeal and Confirming Such Period Commences upon Rendition of an Order, by Modifying the Definition of "Affected Person" for Purposes of Filing an Appeal and by Clarifying That an Appeal must Be Filed on Behalf of a Named Appellant; Amending Section 19, Entitled "Historic Preservation Board and Historic District Regulations", by Correcting the Time Period for Filing an Appeal and Confirming Such Period Commences upon Rendition of an Order, by Modifying the List of Permitted Appellants, Inserting a Definition for "Affected Person" and Clarifying That an Appeal must Be Filed on Behalf of a Named Appellant; Providing for Inclusion in the Zoning Ordinance, Repealer, Severability and an Effective Date. 3:15 p.m. Public Hearing, Second and Final Reading Administration Recommendation: Adopt the Ordinance. (Planning Department) (First Reading 6/17/98) ACTION: Public hearing held. Ordinance No. 98-3133 adopted. Motion made by Commissioner Smith; seconded by Vice-Mayor Liebman; ballot vote: 7-0. Dean Grandin to handle. R5F Commission Memorandum No. 499-98 An Ordinance Amending Miami Beach City Code Chapter 41, Article VI, Entitled "Visitor and Convention Authority;" Specifically Amending Section 41-64 Therein; Deleting the Requirement of United States Citizenship as a Prerequisite, in Addition to Miami-Dade County Residency, to Membership on the VCA; Providing for Codification, Repealer, Severability, and an Effective Date. 3:30 p.m. Public Hearing, Second and Final Reading Administration Recommendation: Adopt the Ordinance. (Requested by Mayor Neisen Kasdin) (First Reading 6/17/98) ACTION: Public hearing held. Ordinance No. 98-3134 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Smith; ballot vote: 7-0. Mayra Diaz Buttacavoli to handle. R5G Commission Memorandum No. 500-98 An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Article XI, Entitled "Towing of Vehicles" of Miami Beach City Code Chapter 44, Entitled "Vehicles and Traffic" to Include Immobilization of Vehicles; Creating Section 44-82, Entitled "Immobilization Prior to Tow or Removal"; Requiring Private Property Owners Engaged in Immobilization of Unauthorized Vehicles on Private Property to Obtain an Occupational License ; Enacting Regulations Pertaining to Immobilization of Unauthorized Vehicles; Requiring Notice; Setting Rates; Requiring Insurance; Setting Record-Keeping Procedures; Amending Section 20-11 Entitled "Schedule of Fees" of Miami Beach City Code Chapter 20 Entitled, "Business Licenses" to Include Immobilization Service; Amending Same to Prohibit Rebate or Payment of Money or Other Valuable Consideration from Contractor and Providing Contractor to Respond Within 20 Minutes to Locations with 25 or less Spaces and for Police Notification; Providing for the Establishment of an Administrative Fee of $10.00 per Verified Call to the Police Department or Parking Department; Requiring Express Authorization by Property Owner Prior to Immobilization; Providing Contractor to Maintain an Attendant on Premises at All Locations with 26 or More Spaces; Requiring Identification Tags to Be Worn and Identification on Contractor’s Vehicles; Prohibiting Use of Words “Enforcement”, “Department”, “Police”, or “Parking”; Providing for Citizen Complaints And for Enforcement as Provided in Chapter 9b, Fines and Criminal Penalties ; Providing for Repealer, Severability, Codification, and an Effective Date. 4:45 p.m. Public Hearing, Second and Final Reading Recommendation: Adopt the Ordinance. (Requested by Vice-Mayor Nancy Liebman) (First Reading 6/17/98) (Open and Continued from 7/1/98) ACTION: During discussion of the item, counsel representing both entities mutually agreed and stipulated that neither party would solicit new business until the time that the ordinance is heard at the next Commission meeting. Public hearing opened and continued to September 9th at 3:30 p.m. Motion made by Vice-Mayor Liebman; seconded by Commissioner Gottlieb; voice vote: 7-0. R5H Commission Memorandum No. 501-98 An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance of the City of Miami Beach, Florida, Providing for a 3% Salary Increase Effective September 29, 1997; and a 3% Increase Effective September 28, 1998; and a 3% Increase Effective September 27, 1999; Abolishing the Classification of I.D. Officer; Eliminating the Two Tier Compensation Plan for Those Classifications Represented by the Fraternal Order of Police (FOP) in Accordance with the Negotiated Agreement; Repealing All Ordinances in Conflict; Providing for Severability; and Providing for an Effective Date. First Reading Administration Recommendation: Approve the Ordinance on first reading and schedule a public hearing for the second and final reading. (Labor Relations) ACTION: Not reached. Dick Bender to handle. Judy Hoanshelt to place on the September 9th agenda. R5I Commission Memorandum No. 502-98 An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance of the City of Miami Beach, Florida, Providing for a 3% Salary Increase Effective September 29, 1997; and a 3% Increase Effective September 28, 1998; and a 3% Increase Effective September 27, 1999; Eliminating the Two Tier Compensation Plan for Those Classifications Represented by the International Association of Firefighters (IAFF) in Accordance with the Negotiated Agreement; Repealing All Ordinances in Conflict; Providing for Severability; and Providing for an Effective Date. First Reading Administration Recommendation: Approve the Ordinance on first reading and schedule a public hearing for the second and final reading. (Labor Relations) ACTION: Withdrawn. R5J An Ordinance Amending Chapter Two Entitled "Administration, Boards, Committees, Commissions by Amending Section 2-22 thereof by Amending the Requirements for Membership on an Agency, Board or Committee to Require a Proprietary Interest in a Business Established in the City for a Minimum of Two Years, Providing for Codification, Severability, and an Effective Date. First Reading Recommendation: Approve Ordinance on first reading and schedule a public hearing for second and final reading. (Requested by Vice-Mayor Nancy Liebman) ACTION: Not reached. Judy Hoanshelt to place on the September 9th agenda. R5K Commission Memorandum No. 503-98 An Ordinance of the Mayor and the City Commission of the City of Miami Beach, Florida, amending Miami Beach City Code Chapter 14A, Section 24, entitled "Single Utility Billing", by adding a Sanitation Commercial Impact Fee; Providing for Codification and Severability; Repealing all Ordinances in Conflict therewith; and Providing an Effective Date. First Reading Administration Recommendation: Approve Ordinance on first reading and schedule a public hearing for second and final reading. (Sanitation Department) ACTION: Ordinance approved on first reading. Motion made by Commissioner Smith; seconded by Commissioner Cruz; ballot vote: 7-0. Second reading and public hearing scheduled for September 9th at 11:00 a.m. R. Parcher to publish notice. Robert Thomas to handle. R6 - Commission Committee Reports R6A Commission Memorandum No. 504-98 Verbal Report on the Finance and Citywide Projects Committee meeting of July 6, 1998: 1) Report on the Bass Museum Expansion and Renovation Project ; 2) Status Report on Pending Sanitation Financial Issues; 3) Discuss and Recommend Retirement System for General Employees - Request for Cost of Living Increases for Pre 10/01/91 Retiree; 4) Request for Approval to Award a Contract to Weiss & Woolrich Southern Enterprises, Inc. in the Amount of $7,245,000, Pursuant to Bin No. 44-97/98 for Roof Repair/Replacement at the Miami Beach Convention Center and the Jackie Gleason Theater of the Performing Arts; 5) A Resolution Authorizing to Approve and Appropriate Funding Necessary for the Capital Projects Plan for the Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts for the Fiscal Year Ending September 30, 1998 in the Amount of $8,410,000 to be Transferred from the General Fund Reserve for Capital Improvements; 6) A Resolution Approving the City of Miami Beach Golf Courses Schematic Design and Authorization for the Administration to Prepare a Financing Proposal for the Project Costs. ACTION: Not reached. Judy Hoanshelt to place on the September 9th agenda. R6B Commission Memorandum No. 505-98 Verbal Report on the Neighborhoods Committee meeting of Tuesday, July 14, 1998: 1) Discussion regarding proposed improvements to the Orchard Park Neighborhood (42nd Street from Prairie Avenue to Pine Tree Drive); 2) Discussion regarding the North Bay Road Traffic Intrusion Study Final Report by Carr Smith Corradino, the City Consultant. ACTION: Not reached. Judy Hoanshelt to place on the September 9th agenda. Handout: Letter from Mr. Richard H. Rosichan, Provisional President, Lower Alton Road Coalition, dated July 15, 1998. Letter was distributed to the Mayor, City Commission, and City Manager as requested. R7 - Resolutions R7A Commission Memorandum No. 506-98 A Resolution Approving and Authorizing the Mayor and City Clerk to Execute a Lease Agreement with Sprint Spectrum L.P., Pursuant to Invitation to Bid No. 75-97/98, to Lease Space at Fire Station 2, for Mounting Antennae and for the Placement of Telecommunications Equipment, in the Amount of $18,000 Per Year, to Be Paid to the City; and Rejecting the Bid Submitted by Bell South Mobility for the Historic City Hall Site; Further Waiving, by 5/7ths Vote, the Appraisal Requirement Pursuant to Ordinance No. 92-2783, Finding Such Waiver to Be in the Best Interest of the City 10:30 a.m. Public Hearing Administration Recommendation: Adopt the Resolution. (Asset Management) ACTION: Public hearing opened and continued to September 9th at 10:30 a.m. Motion made by Commissioner Gottlieb; seconded by Vice-Mayor Liebman; voice vote: 7-0. Joe Damien to handle. Clerk's Note: Correct PASSED and ADOPTED date of resolution to reflect September. R7B Commission Memorandum No. 507-98 A Resolution Appropriating Funds in the Amount of $13,863,155 From the $15 Million General Obligation Parks Improvements Bond Program; Amending the Current Architectural Agreements with the Firms of Bermello, Ajamil & Partners, Carr Smith Corradino, and REG Architects, Inc. to Design Additional Program Components Based on Supplemental Funding; and Authorizing the Administration to Proceed with the Design, Bidding and Construction Phases of the List of Project Improvements to Be Completed in Nineteen Parks and Recreation Facilities Within the Miami Beach Park System as Recommended in the $15 Million General Obligation Parks Improvements Bond Program and the Miami-Dade County Safe Neighborhood Parks Bond Program as Approved by the Commission at the May 20, 1998 Meeting. Administration Recommendation: Adopt the Resolution. (Recreation, Culture and Parks) ACTION: Resolution No. 98-22848 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Smith; voice vote: 4-0; absent: Commissioners Cruz, Dermer and Gottlieb. Kevin Smith to handle. R7C Commission Memorandum No. 508-98 A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Regarding Acquisition of Certain Properties having Street Addresses of 340 23rd Street, and 211 22nd Street, Miami Beach, Florida, Legally Described on Exhibit "A" Attached Hereto and Incorporated by Reference Herein, said Acquisition Deemed and Declared to be Necessary for a Public Purpose; and Specifically Approving and Authorizing the Acquisition of the Property by the City by the Purchase, Donation or through the Filing of Eminent Domain Proceedings, Including a Declaration of Taking, as Necessary. Administration Recommendation: Adopt the Resolution. (Community/Economic Development) ACTION: Discussion held. Resolution No. 98-22849 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Smith; voice vote: 6-1;(opposed: Commissioner Dermer). Legal Department authorized to proceed with slow-take acquisition. Quick-take acquisition requires Commission approval. Harry Mavrogenes to handle. R7D Commission Memorandum No. 509-98 A Resolution Authorizing the Mayor and City Clerk to Execute the Management Services Agreement for the Miami Beach Convention Center and the Jackie Gleason Theater of the Performing Arts between the City of Miami Beach and SMG; Said Agreement Commencing on October 1, 1998. Administration Recommendation: Adopt the Resolution. (Convention Center) (Deferred from 6/17/98) ACTION: Resolution No. 98-22850 adopted. Motion made by Commissioner Smith; seconded by Commissioner Cruz; voice vote: 6-0; absent: Commissioner Gottlieb. Mayra Diaz Buttacavoli to handle. R7E Commission Memorandum No. 510-98 Authorization for the Administration to Enter into a Contract with the Number One Ranked Firm, and Low Bidder, World Wide Parking, Inc., Pursuant to Request for Proposals No. 43-97/02 for the Lease- Purchase of 9,250 Electronic Parking Meters. Administration Recommendation: Adopt the Resolution. (Parking Department) ACTION: Resolution No. 98-22851 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Smith; voice vote: 7-0. Jackie Gonzalez to handle. R7F Commission Memorandum No. 511-98 A Resolution Approving the Attached Proposed Repayment Schedule for the $500,000 Loan by the City of Miami Beach to the Wolfsonian Foundation, Inc., in Settlement of the $500,000 Loan, as Evidenced in That Certain Real Estate Promissory Note, Dated August 30, 1996, Currently Held by the City, As Lender, Against the Wolfsonian Foundation, Inc., as Borrower; Said Loan to Be Repaid in Two(2) Parts, With the First Payment of $250,000 Due on September 30, 1998, And with the Remaining Payment $250,000 to Be Paid by September 30, 1999; Approving Said Repayment Plan as a Repayment of the Principal Due under the Note, And Waiving Any Accrued Default Interest Therein; Authorizing the City Attorney's Office to Prepare Any and All Necessary Documents to Effectuate Said Documents on Behalf of the Mayor and City Commission. Administration Recommendation: Adopt the Resolution. (City Manager's Office) ACTION: Resolution No. 98-22852 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Gottlieb; voice vote: 7-0. Administration and F.I.U. to negotiate free summer programs for the children. Mayra Diaz Buttacavoli to handle. R7G Commission Memorandum No. 512-98 A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Accepting the Ranking of Responses Received and Authorizing the Administration to Enter into Negotiations for a Two- Year Contract with the Top-Ranked Firm of Waste Management, Inc. of Florida, Pursuant to Request for Proposals (RFP) No. 53-97/99 for Providing Residential Solid Waste and Yard Trash Collection and Disposal; and if Negotiations Are Not Successful, to Negotiate with the Second-Ranked Firm of BFI Waste Systems of North America, Inc. Administration Recommendation: Adopt the Resolution. (Sanitation Department) ACTION: Resolution No. 98-22853 adopted. Motion made by Commissioner Cruz to reject the recommendation of the selection committee and authorizing the Administration to enter into negotiations, for a two year contract, with Montenay Power Corp. and, if negotiations are not successful, authorize negotiations with the second lowest bidder Waste Management, Inc.; seconded by Commissioner Dermer; vote: 6-0; Mayor Kasdin abstained. Review the standards for termination and ensure that the contract has a provision for a 30-day notice for termination for convenience. Ronnie Singer and Robert Thomas to handle. Mayor Kasdin abstained. Form 8B Memorandum of Voting Conflict filed with meeting records. R7H Commission Memorandum No. 513-98 A Resolution Establishing Guidelines for Fee Reductions for Youths Participating in the Recreation, Culture and Parks Summer Camp, After School and Athletic League Programs; Such Reductions Not to Exceed 50% of the Program Registration Fee. Administration Recommendation: Adopt the Resolution. (Recreation, Culture and Parks) ACTION: Not reached. Judy Hoanshelt to place on the September 9th agenda. R7I Commission Memorandum No. 514-98 A Resolution of the Mayor and the City Commission of the City of Miami Beach, Florida, Approving a Settlement of the Lawsuit Styled Reed Landscaping, Inc. V. City of Miami Beach, Case No. 97-24110 ca (30), and Advancing $17,754 from the City's General Fund to Cover Additional Work Deemed Necessary by the City to Complete the Jackie Gleason Theater of the Performing Arts Beautification Project, with this Expenditure to Be Reimbursed from the $100,000 Grant Funds to Be Made Available to the City as a Component of the SMG Agreement for the Management of the Miami Beach Convention Center and the Jackie Gleason Theater of the Performing Arts; and Further Authorizing the City Attorney's Office to Execute Any and All Related Documents Related to the Settlement. Administration Recommendation: Adopt the Resolution. (Recreation, Culture and Parks) ACTION: Resolution No. 98-22854 adopted. Motion made by Commissioner Smith; seconded by Commissioner Cruz; voice vote: 7-0. Kevin Smith and the Legal Department to handle. R7J Commission Memorandum No. 515-98 A Resolution Setting the Proposed Millage Rates for Fiscal Year 1998/99, the Calculated Rolled-Back Rate, and the Date, Time and Place of the First Public Hearing; Further Authorizing the City Manager to transmit this Information to the Dade County Property Appraiser in the Form Required by Section 200.065, Florida Statutes. Administration Recommendation: Adopt the Resolution. (Office of Management and Budget) ACTION: Resolution No. 98-22855 adopted. Motion made by Commissioner Gottlieb; seconded by Vice-Mayor Liebman; voice vote: 6-1;(opposed: Commissioner Dermer). Administration directed to find other sources of revenue, prepare savings estimate on freezing all salary increases for unclassified personnel, reduce the contribution to the Greater Miami Convention and Visitors Bureau, investigate privatizing, investigate other sources of funding, increase resort tax by ½ cent, charge .50 cents to ride the ElectroWave, and review each departments functions to see if any can be eliminated. See additional items below. Patricia Walker to handle. Proposed millage rates for FY 1998/99: General Operating millage 7.999 Mills Debt Service millage 1.484 Mills Rolled back rate (truth in millage) 7.090 Mills The first public hearing to consider the proposed millage rates and tentative budgets for FY 1998/99 shall be at 5:01 p.m., Thursday, September 10, 1998 Commission comments: Mayor Kasdin: The parking bond issue may have money that can be refunded or bonds defeased and the interest payments reduced and get that back into the general fund. Commissioner Gottlieb: instructions to the administration to find other sources of revenue; e.g. have a freeze on increases of all unclassified salaries. I want to know the total of this in every department in this building if we froze the salaries. The contract with the Greater Miami Convention and Visitors Bureau is up in September. I would like you to look at significantly changing the formula because we need to get back that money to put into those services that we need in this city. We can cut our contribution in half and put the $3 million back into this city. We should rethink whether this city needs to be part of the Bureau and maybe have our own Bureau and keep the rest of the money. Commissioner Smith: Look into the possibility of raising the resort tax by 1/2 a penny; start charging $.50 for the shuttle. Commissioner Shapiro: Take a qualitative look at our services and see which ones we don't need so much anymore; review the function of each department. Commissioner Cruz: See what we could privatize. Comments from the public: Minette Benson: Reconsider contributions that the City makes to nonprofit organizations; money that people owe to the city is never collected. Mike Burke: Consider putting zero based budgeting into effect; direct the City Manager to contact the Florida League of Cities and the US Conference of Mayors to find out what the proportions of service would be to population; how many police and fireman should we have; what should our Planning Department be? What should our budget be? Count L.F.M. de W. Rosenthal e Meyerbeer W. Chwdzikiewicz N. Chodkiewicz: Lobbyist registration fee; we should have instead of a small fee on lobbyists a tax on what their income is; look at street festivals and rental of city space and what fees we get. Handout: Budget Advisory Committee presentation to the Miam Beach City Commission dated July 15, 1998. Presentation present by Mr. Larry Herrup, Chairperson, Budget Advisory Committee. R7K Commission Memorandum No. 516-98 A Resolution Setting the Proposed Normandy Shores Neighborhood Improvement District Calculated Rolled-Back Rate, and the Date, Time and Place of the First Public Hearing; Further Authorizing the City Manager to transmit this Information to the Miami-Dade County Property Appraiser in the Form Required by Section 200.065, Florida Statutes. Administration Recommendation: Adopt the Resolution. (Office of Management and Budget) ACTION: Resolution No. 98-22856 adopted. Motion made by Commissioner Smith; seconded by Vice-Mayor Liebman; voice vote: 7-0. Patricia Walker to handle. Proposed Normandy Shores Neighborhood Improvement District Operating Millage rate for FY 1998/99 General Operating .965 Mills Rolled back rate .934 Mills The first public hearing to consider the proposed millage rates and tentative budgets for FY 1998/99 shall be at 5:02 p.m., Thursday, September 10, 1998 R7L Commission Memorandum No. 517-98 A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Accepting the Recommendations of the City Manager and the Evaluation Committee Pertaining to the Ranking of the Proposals Received in Response to Request for Proposals No. 20-97/98 for the Development of Public/Private Parking Facilities in Miami Beach South of Dade Boulevard; and Authorizing the City Administration To Enter into Negotiations with the Five Top-Ranked Proposers Consisting of: Park One, Inc., for the Site Located at Collins Avenue, Between 10th and 11th Streets; Lincoln Place, Inc., for the Site Located at Washington Avenue and 16th Street; Municipal Parking Systems Joint Ventures, for The Sites Located on Lenox Avenue and 17th Street, and the Site Located Between 17th Street and Lincoln Lane And Jefferson and Michigan Avenues; and Collins and 13th Joint Venture, for the Site Located at Collins Avenue and 13th Street. Administration Recommendation: Adopt the Resolution. (Community/Economic Development) ACTION: Discussion held. Motion was made by Commissioner Cruz; seconded by Commissioner Gottlieb to adopt the resolution; voice vote: 5-2 (opposed: Vice-Mayor Liebman and Shapiro). Subsequently, Commissioner Gottlieb expressed dissatisfaction with the wording of the resolution as it relates to #5 (Collins Ave. and 13th St.) and made a motion to reconsider the vote; seconded by Commissioner Dermer; voice vote to reconsider: 7-0. Proposers and locations were segregated and voted on separately. Resolution 98-22857 adopted as amended. 1. Park One, Inc. -Collins Ave. between 10th and 11th Streets: Moved by Commissioner Gottlieb; seconded by Vice-Mayor Liebman; voice vote: 6-1; (opposed: Commissioner Shapiro). 2. Lincoln Place - Washington Ave. & 16th Street: Moved by Commissioner Gottlieb; seconded by Commissioner Cruz; voice vote: 6-1; (opposed: Commissioner Shapiro). 3. Municipal Parking Systems - Lincoln Lane; Lenox Ave. & Alton Road: Moved by Commissioner Smith; seconded by Commissioner Gottlieb; voice vote:7-0. 4. Municipal Parking Systems - Jefferson & Michigan Avenue: Moved by Commissioner Smith; seconded by Commissioner Cruz; voice vote: 4 opposed (Vice-Mayor Liebman, Commissioners Dermer, Gottlieb, and Shapiro); 3 in favor: (Mayor Kasdin and Commissioners Cruz and Smith). Motion failed. #5 - Collins & 13th Joint Venture - Collins Ave. & 13th Street - No motion made. Discussion continued. Vice-Mayor Liebman made a motion for reconsideration that if the Lincoln Lane; Lenox Avenue and Alton Road site (#3) does not work out that an option be given to the City Manager to proceed with number 4 (Municipal Parking Systems - Jefferson & Michigan Avenue); second to the motion made by Commissioner Gottlieb; voice vote: 6-1; (opposed: Commissioner Shapiro). Discussion on the item continued after recess. Vice-Mayor Liebman made a motion for reconsideration of the vote on #4 (Jefferson & Michigan Avenues); seconded by Commissioner Smith; vote: 6-1; oppposed: Commissioner Gottlieb. Vice-Mayor Liebman further motioned to add #4 without any options; seconded by Commissioner Smith; voice vote: 5-2; (opposed: Commissioners Gottlieb and Shapiro). #4 added to the list. Mayra Diaz Buttacavoli to handle. Handout: Drawing titled Development of Public Private / Parking Facilities in Miami Beach South of Dade Boulevard. Submitted by Harold Rosen. City Clerk's note: April 6, 2006 see Resolution 2006-26137 R7M Commission Memorandum No. 518-98 A Resolution Approving an Amendment in the Amount of $150,000 to the Professional Services Agreement with Coastal Systems International, Inc., Said Amendment Expanding the Scope of Work (1) to Undertake Construction Drawings and Implementation of the 17th and 18th Street-End Improvements as Part of The Pedestrian Beachwalk Project, (2) Allow for Coastal Systems To Complete the Permitting Process With The State of Florida Pending the Outcome of the Administrative Hearing, (3) Prepare Necessary Documentation and Participate in The Administrative Hearing Concerning the Proposed Project, and 4) Manage the Construction of the Entire Project; Appropriating $150,000 from Available 96 Series Tax Increment Bond Revenue Funds for this Purpose; Authorizing the Administration and City Attorney's Office to Prepare any Necessary Documents to Memorialize the Amendment; and Authorizing the Mayor and City Clerk to Execute Same. Joint City Commission and Redevelopment Agency. Administration Recommendation: Adopt the Resolution. (Community/Economic Development) ACTION: Heard in conjunction with RDA item 3A. Resolution No. 98-22858 adopted as amended by Commissioner Dermer to reflect that the total cost of the project does not exceed $3.6 million. Motion made by Vice-Mayor Liebman; seconded by Commissioner Gottlieb; voice vote: 7-0. Harry Mavrogenes to handle. Handout: Map of the Beachwalk Site plan (figure 6 pages 18 & 19) R7N Commission Memorandum No. 519-98 A Resolution Authorizing the City to Borrow an Amount not to Exceed $1,400,000 from Colonial Bank, for a Period of Five (5) Years at an Interest Rate Not to Exceed 4.6% Per Annum, for the Purpose of Financing the 41st Street Public Area Beautification Project; Pledging a Portion of the Resort Tax, on a Subordinate Basis, to the Payment of Such Loan; Delegating Authority to the Manager and Finance Director to Negotiate the Final Provisions of Such Loan; and Providing an Effective Date. Administration Recommendation: Adopt the Resolution. (Finance Development) ACTION: Heard in conjunction with item R2A. Resolution No. 98-22859 adopted. Motion made by Vice-Mayor Liebman; seconded by Commissioner Smith; voice vote:7-0. Patricia Walker to handle. R7O Commission Memorandum No. 520-98 A Resolution of the Mayor and City Commission of Miami Beach, Florida, Approving and Authorizing the Placement of Sixty (60) Banners for the Loews Miami Beach Hotel Job Fair to Be Held in the Convention Center on August 20, 1998, Through August 24, 1998 as Requested by the Applicant, Loews Miami Beach Hotel, at the Following Locations: I-395 MacArthur Causeway, Starting at Miami Beach City Limits to Alton Road; 5th Street, from Alton Road to Ocean Drive; Washington Avenue, from 10th Street to Dade Boulevard; A1A Collins Avenue, from 15th Street to 45th Streets; 41st Street, from Alton Road to Pinetree Drive; and Convention Center Drive, from 17th Street to Dade Boulevard; Further Requiring That These Banners Meet All City Requirements and Be Installed No Earlier than July 24 , 1998, and Removed by August 24, 1998. Administration Recommendation: Disapprove the Resolution. (Office of Arts, Culture and Entertainment) ACTION: Withdrawn. City Clerk's Note: Pinetree Drive should be Pine Tree Drive R7P Commission Memorandum No. 521-98 A Resolution Authorizing the Mayor and City Clerk to Execute an Amendment to the Agreement, Attached Hereto and Incorporated Herein, by and Between The City of Miami Beach, the Miami Beach Redevelopment Agency and Tishman Hotel Corporation Pertaining To Project Management Services Regarding the Development and Construction of the Royal Palm Crowne Plaza Resort. Administration Recommendation: Adopt the Resolution. (Community/Economic Development) ACTION: Withdrawn. R8 - Old Business R8A Commission Memorandum No. 522-98 A Status Report and a Request for Direction for the Resolution of the Pending Issues Related to the Project Improvements to Be Completed at the North Shore Park Recreation Building, Scott Rakow Youth Center Ice Rink, Lummus Park Restroom as Recommended in the $15 Million General Obligation Parks Improvements Bond Program and the Miami-Dade County Safe Neighborhood Parks Bond Program. Administration Recommendation: It is requested that the Mayor and Members of the City Commission Review the Status Report and Provide Direction to the Administration as to How to Proceed with the Scott Rakow Youth Center Ice Rink. (Recreation, Culture and Parks) ACTION: Discussion held. Motion was made by Commissioner Gottlieb approving analysis/option No. 7 proposing an ice surface of 65'x130' requiring a variance of 26.6' projecting 5.1' beyond the property line and approximately 20.0' from the street edge; seconded by Commissioner Dermer; vote: 6-0; Mayor Kasdin absent. Neighbors are to participate in the design and landscaping plans. There will be no intrusion on the golf course. Kevin Smith to handle. R8B Commission Memorandum No. 523-98 Placement of a Monument in Honor of Jorge Mas Canosa. Administration Recommendation: Discuss the Proposal for a Monument and Provide Input and Policy Direction. (City Manager's Office) ACTION: Not reached. Judy Hoanshelt to place on September 9th agenda. R9 - New Business and Commission Requests R9A Commission Memorandum No. 524-98 Board and Committee Appointments for the Meeting of July 15, 1998. (City Clerk's Office) ACTION: The following direct appointments were announced: R. Parcher to handle. Community Development Advisory Committee: Harlan Sands - Mayor Kasdin Safety Committee: Brian Giller - Mayor Kasdin Health Facilities Authority: Mayor Kasdin recommended Michael N. Baum to fill the position of General Business (Jose Raij - term expired and term limited) Motion by Commissioner Gottlieb; seconded by Commissioner Cruz;Vote: 7-0. R9B Commission Memorandum No. 525-98 Appointments to the Historic Preservation Board. ACTION: Joseph Sheingold appointed. Motion made by Commissioner Gottlieb; seconded by Commissioner Cruz; voice vote: 7-0. R9C Commission Memorandum No. 526-98 Presentation of Recommendations from the Washington Avenue Task Force ACTION: Linda Polansky, chairperson of the Washington Avenue Task Force, reported to the Commission the efforts of the Task Force and its recommendations. Reports by : I. Steve Polisar - Police/Public Safety. II. David Kelsey - Parking III. Saul Gross - Capital Improvements IV. Jeff Bechdel - Economic Development V. David Kelsey - Maintenance Discussion followed. Vice-Mayor Liebman suggested direction be given to the Administration in the following areas which can be implemented immediately: 1) increase police foot patrol and to change the method of off-duty whereby the clubs would be assessed and the police would regulate how the police are used; 2) consider angle parking on Washington Ave.; 3) landscaping; 4) business recruitment plan to be a valid activity within the Economic Development Department; 5) liquor regulations be drafted in an ordinance; 6) an ordinance regulating promoters; 7) modular permitting; 8) establish an oversight board; 9) establish a service district manager to coordinate all activities. Commissioner Smith requested that when the issue of financing and funding for the capital improvements is referred to the Finance Committee in September that the Administration look into the possibility of obtaining a Section 108 loan from HUD. Mayor Kasdin requested the Administration to utilize the Redevelopment Agency funds for payment of the costs. Direction given to the City Manager by Mayor Kasdin to: 1) implement immediately those items which he feels he can; 2) refer the other items to the Finance Committee and 3) to prioritize the physical improvement program for the streets particularly between 11th and 16th Streets subject to a review by the Finance Committee of the financing plan. The following motion was made by Commissioner Gottlieb in conjunction with the City Manager's recommendation: 1) to implement those items immediately as identified by the Administration; 2) refer the funding issues to the Finance Committee/City Wide Projects Committee; 3) include the issue as a referral to the Neighborhood Committee; Transportation and Parking Committee; Land Use Committee and Community Affairs. Seconded by Vice-Mayor Liebman and amended to include the following direction to the Legal Department to review the Administration recommendation and specifically the following: 1) the clearing house board; 2) the teen clubs; 3) the promoter ordinance; 4) the modular permitting; 5) that the Task Force continue as an oversight board. Voice vote: 7-0. Ronnie Singer to coordinate. Commissioner Gottlieb requested that 1. when any report is referred to any committee, there should be an associated cost factor or cost matrix provided; and 2. The Economic Development Department needs to established a specific office for Business Retention and Business Development. In September, present the Commission with a budget on the costs associated with such an office. Handout: Report submitted by the Administration - Washington Avenue Task Force, Issue Identification and Recommendations, dated July 15, 1998. R9D Commission Memorandum No. 527-98 Parking on Lincoln Court/Follow-Up. Administration Recommendation: Prohibit on-street parking on Lincoln Court to ensure emergency vehicle access (public safety). (Requested by Commissioner Martin Shapiro) (Deferred from 7/1/98) ACTION: Not reached. Judy Hoanshelt to place on September 9th agenda. R9E Commission Memorandum No. 528-98 Commission Appointment of Members to the Loan Review Committee. (Deferred from 7/1/98) ACTION: Not reached. Judy Hoanshelt to place on September 9th agenda. R9F Request Authorizing the Issuance of an RFP for the site on 17th Street between Drexel Avenue and Washington Avenue for Parking, Office Use, and Studio Production. (Requested by Commissioner David Dermer) ACTION: Heard in conjunction with item C7R. Discussion held. Motion was made by Commissioner Dermer authorizing Administration to issue an R.F.P. for 17th Street between Drexel and Washington Avenues for parking, office use, and studio production or any other development possibilities. Said RFP should include instructions that the massing of any project should respect the scale of neighboring buildings and the site line from Lincoln Road; seconded by Commissioner Cruz giving the City Manager the flexibility in developing the RFP. Discussion continued. The City Manager added some basic requirements of the RFP such as: to, at least, include the same amount of existing parking; specific selection criteria that would include qualifications of the team; representative projects and accompanying market feasibility studies of project done in the past; and financing ability of the team. Also that the project should include the following: a preliminary design concept, a preliminary feasibility and marketing plan, a preliminary financial plan, a preliminary impact and traffic analysis, a preliminary term of lease and a preliminary schedule to implement, and that the developer pay for all the costs associated with the process. The hiring of consultants to assist in the preparation of the R.F.P. was also authorized. Vice-Mayor Liebman requested that the R.F.P. include a provision relating to the temporary spaces to be used for TOPA, Convention Center and the boat show parking. The motion was modified by the Commission to include the above additions by the City Manager and Vice-Mayor Liebman and authorizing the City Manager to issue an open ended RFP allowing for a broad scope of possible uses for 17th Street between Pennsylvania and Washington Ave., recognizing that the Commission has a tremendous amount of interest in accommodating the entertainment industry. Administration will try to have the RFP ready for the September Commission Meeting. Voice vote: 5-2; (opposed: Mayor Kasdin, Vice-Mayor Liebman). Janet Gavarrete to handle. R9G Clarification/Reconsideration of Redevelopment Agency Memo No. 98-24 (July 1, 1998 RDA Agenda) Joint City Commission and Redevelopment Agency. (Requested by Commissioner David Dermer) ACTION: City attorney stated that the motion to reconsider was out-of-order. Mayor Kasdin, based on the City Attorney’s opinion, rule the motion out-of-order. Motion by Commissioner Dermer to overrule the Chair; second by Commissioner Shapiro; vote: 2-5 (opposed Mayor Kasdin, Vice-mayor Liebman, Commissioners Smith, Gottlieb, and Cruz). R9H Scrutiny of RDA - Resolution Requiring that a Monthly Report of the Itemized Revenues and Expenditures of the Agency be Prepared and Presented to the Chairman and Members of the Agency. (Requested by Commissioner David Dermer) ACTION: Discussion held. Redevelopment Agency Resolution No. 299-98 adopted. Motion was made by Commissioner Dermer to adopt the resolution; seconded by Commissioner Cruz; voice vote: 7-0. Harry Mavrogenes and Patricia Walker to handle. R9I Discussion Regarding the Effect of New Federal and County Jet-Ski Regulations upon Miami Beach's Waterways. (Requested by Commissioner David Dermer) ACTION: Not reached. Judy Hoanshelt to place on September 9th agenda. R10 - City Attorney Reports R10A Closed Executive Session Pursuant to Section 286.011, Florida Statutes, a Closed Executive Session will be held during lunch recess of the City Commission meeting on July 15, 1998 in the City Manager's large conference room, Fourth Floor, City Hall, to discuss settlement issues of the following case: K.T.K.L. Corporation, a Florida corporation vs The City of Miami Beach, a Municipal corporation. Eleventh Judicial Circuit, General Jurisdiction, Case No. 97 2687 CA03. The following individuals will be in attendance: Mayor Neisen Kasdin; Members of the Commission: Simon Cruz, David Dermer, Susan Gottlieb, Nancy Liebman, Martin Shapiro and Jose Smith; City Attorney Murray H. Dubbin, City Manager Sergio Rodriguez, and Deputy City Attorney Robert Dixon. ACTION: The Executive Session was announced and held. ********************************************************************************* City Clerk's Note: 7/31/98 re: (Transcript received 7/31/98, See above.. The transcript is not subject to public disclosure. See City clerk's locked filing Cabinet. ( Closed Executive Session Temp 56 ) ********************************************************************************* R10B Discussion Concerning a Possible Settlement regarding Shirley Taylor-Prakelt vs. City of Miami Beach, United States District Court, Case No. 97-0419. (Deferred from 7/1/98) (Documents in Legal - To be Submitted) ACTION: Settlement authorized. Resolution No. 98-22860 adopted. Motion made by Commissioner Gottlieb; seconded by Commissioner Cruz; voice vote: 7-0. Legal Department to handle. R10C Oral Report regarding Portofino, 5th Street Lease. (City Attorney's Office) (Deferred from 7/1/98) ACTION: Not reached. Judy Hoanshelt to place on September 9th agenda. End of Regular Agenda Reports and Informational Items A Commission Memorandum No. 529-98 Update on FPL's Frequent Power Outages and Plan to Meet Future Electrical Demand. (Public Works) ACTION: Written report submitted. B Commission Memorandum No. 530-98 Status Report on the Progress of North Beach Construction. (Public Works) ACTION: Written report submitted. C Commission Memorandum No. 531-98 Status Report on the Security Services Contract. (Armor Security). ACTION: Written report submitted. D Commission Memorandum No. 532-98 Report on Status of RFP No. 70-96/97, Purchase of Public Advertisement in a Spanish-Language Periodical. ACTION: Discussion held. The City Manager requested direction from the Commission on the status of the current RFP contract which was awarded to Art Deco Tropical, on September 15, 1997, and summarized the following options: 1) to issue a new RFP with the same provision for a weekly publication; or 2) issue a new RFP with revised specifications changing the minimum requirements to have publications on a bi-weekly basis; or 3) waive the formal bid procedures and split the RFP among all Spanish-language periodicals in the City. Direction was given to the City Manager to issue a new R.F.P. R. Parcher to handle. Administration to research whether the Sunpost legally fulfills the advertising requirements. E Commission Memorandum No. 533-98 Status Update on the Venetian Causeway East Bascule Bridge. ACTION: Discussion held. Resolution No. 98-22861 adopted as amended: 1) 8th WHEREAS clause to be amended deleting "Large Scale Development Committee" and insert "WHEREAS, the Metropolitan Planning Organization..."; 2) NOW THEREFORE CLAUSE paragraph (2) insert language to read "The Miami-Dade County Mayor, Manager, and Commission...". Motion made by Commissioner Gottlieb; seconded by Commissioner Dermer; voice vote: 7-0. Administration to contact Miami-Dade County to see if they will agree to operate the Venetian Causeway East Bascule Bridge in a down position, and if not, seek legal action as recommended by the City Attorney. Julio Grave de Peralta to handle. F Commission Memorandum No. 534-98 Public Hearings Before the July 28, 1998 Planning Board Meeting are as Follows: 1) The Applicant, Shoreline Foundation, Inc., Requests a Modification of Conditional Use Approval (File # 1317 - Approved by the Planning Board September 23, 1997) in Order to Install a Boatlift on the Dock at 1100 Stillwater Drive (File #1317a). Continued from the May 26, 1998 Planning Board meeting; 2) The applicant, R & R Partnership, requests a Conditional Use approval in order to construct a warehouse building in the rear of an existing commercial structure located at 1228 Alton Road. (Planning Board File # 1345); 3) The Applicant, Ginger Mendoza, is Appealing the Decision of the Planning and Zoning Director to Deny a Proposed Division of Property (Lot Split) Made Pursuant to Subsection 5-8 of Zoning Ordinance 89-2665 Relative to the Division of Property Consisting of Lots 28 through 30, Block 1, of HIBISCUS ISLAND (8-75) at 432 S. Hibiscus Drive, in Order to effectuate said Division of Property (File #1347); 4) An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida Amending Zoning Ordinance No. 89-2665, Amending Section 19 Entitled "Historic Preservation Board and Historic Regulations" by Amending Subsection 19-3 Entitled "Scope and Exemptions" to Provide for Historic Preservation Review of Certain Public Works Projects Within Historic Districts; by Amending Subsection 19-4 Entitled "Historic Preservation Board" to Provide for the Review of Certain Public Works Projects in Historic Districts; by Amending Subsection 19-6 Entitled "Issuance of Certificate of Appropriateness/Certificate to Dig/Certificate of Appropriateness for Demolition" to Provide That Certain Public Works Projects Shall Require a Certificate of Appropriateness Prior to the Issuance of a Permit in a Historic District and by Providing for Application and Review Procedures for Such Public Works Projects; Providing for Codification; Repealer; Severability; and an Effective Date. (File #1348); 5) The Applicant, Gioconda Morgan, is Appealing the Decision of the Planning and Zoning Director to Deny a Proposed Division of Property (Lot Split) Made Pursuant to Subsection 5-8 of Zoning Ordinance 89-2665 Relative to the Division of Property Consisting of Lots 5 and 6, Block 13, of BEACHVIEW SUBDIVISION (9-158) at 5550 La Gorce Drive, in Order to effectuate said Division of Property (File #1351). (Planning Department) ACTION: Written report submitted. Miami Beach Redevelopment Agency Commission Chambers, 3rd Floor, City Hall 1700 Convention Center Drive July 15, 1998 - 10:00 a.m. Chairman of the Board Neisen O. Kasdin Member of the Board Simon Cruz Member of the Board David Dermer Member of the Board Susan F. Gottlieb Member of the Board Nancy Liebman Member of the Board Martin Shapiro Member of the Board Jose Smith Executive Director Sergio Rodriguez Assistant Director Harry Mavrogenes Assistant Director Mayra Diaz Buttacavoli General Counsel Murray H. Dubbin Secretary Robert E. Parcher AGENDA 1. ROLL CALL 2. OLD BUSINESS A. Redevelopment Agency Memo No. 98-27 A Resolution Authorizing the Mayor and City Clerk to Execute an Amendment to the Agreement, Attached Hereto and Incorporated Herein, by and Between The City of Miami Beach, the Miami Beach Redevelopment Agency and Tishman Hotel Corporation Pertaining To Project Management Services Regarding the Development and Construction of the Royal Palm Crowne Plaza Resort. Joint City Commission and Redevelopment Agency. ACTION: Withdrawn. B. Redevelopment Agency Memo No. 98-28 Status Report on the Loews Miami Beach Hotel; the Anchor Shops at South Beach and Parking; and the RDP Royal Palm Crowne Plaza Resort Hotel. ACTION: Verbal status report presented. 3. NEW BUSINESS A. Redevelopment Agency Memo No. 98-29 A Resolution Approving an Amendment in the Amount of $150,000 to the Professional Services Agreement with Coastal Systems International, Inc., Said Amendment Expanding the Scope of Work (1) to Undertake Construction Drawings and Implementation of the 17th and 18th Street-End Improvements as Part of The Pedestrian Beachwalk Project, (2) Allow for Coastal Systems To Complete the Permitting Process With The State of Florida Pending the Outcome of the Administrative Hearing, (3) Prepare Necessary Documentation and Participate in The Administrative Hearing Concerning the Proposed Project, and 4) Manage the Construction of the Entire Project; Appropriating $150,000 from Available 96 Series Tax Increment Bond Revenue Funds for this Purpose; Authorizing the Administration and City Attorney's Office to Prepare any Necessary Documents to Memorialize the Amendment; and Authorizing the Mayor and City Clerk to Execute Same. Joint City Commission and Redevelopment Agency. ACTION: Heard in conjunction with Commission item R7M. Resolution No. 298-98 adopted as amended to reflect that the total cost of the project does not exceed $3.6 million. Motion made by Vice- Mayor Liebman; seconded by Commissioner Gottlieb; voice vote: 7-0. B. Clarification/Reconsideration of Redevelopment Agency Memo No. 98-24 (July 1, 1998 RDA Agenda Joint City Commission and Redevelopment Agency. (Requested by Commissioner David Dermer) ACTION: See Commission item R9G for action. Clerk's Note: Redevelopment Agency Resolution No. 299-98 adopted. See Commission agenda item R9H. End of Agenda The Commission meeting was adjourned at adjourned at 12:21a.m. City of Miami Beach - City Commission Meeting Commission Chambers, 3rd Floor, City Hall 1700 Convention Center Drive