HomeMy WebLinkAbout2006-3524 Ordinance
ORDINANCE NO. 2006-3524
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI
BEACH CITY CODE ENTITLED "ADMINISTRATION"; AMENDING
ARTICLE 3, ENTITLED "AGENCIES, BOARDS, AND COMMITTEES";
AMENDING DIVISION 25, ENTITLED "TRANSPORTATION AND PARKING
COMMITTEE"; AMENDING SECTION 2-190.94, ENTITLED
"COMPOSITION", BY REDUCING THE NUMBER OF VOTING MEMBERS
ON THE COMMITTEE FROM 19 TO 14, AND AMENDING THE
COMPOSITION OF THE COMMITTEE TO DELETE THE MEMBERSHIPS
REPRESENTATION FROM THE FOLLOWING ORGANIZATIONS:
WASHINTION AVENUE TASK FORCE; SOUTH POINTE ADVISORY
BOARD TO THE MIAMI BEACH REDEVELOPMENT AGENCY; MIAMI
BEACH TRANSPORTATION MANAGEMENT ASSOCIATION; MIAMI
BEACH CONVENTION CENTER AND THEATER OF tHE PERFORMING
ARTS (SMG)j AND MIDDLE BEACH PARTNERSHIP, INC., D/B/A 41ST
STREET-MIDDLE BEACH PARTNERSHIP; FURTHER DELETING THE
NON-VOTING EX-OFFICIO MEMBER RI;PRESENT ATIONS; PROVIDING
FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach Transportation and Parking Committee serves
as an advisory board to the City Commission on issues related to Transportation and
Parking; and
WHEREAS, the Transportation and Parking Committee, on February 6, 2006 and
June 5, 2006, respectively unanimously recommended to amend the current membership
representation requirements of the Committee; and
WHEREAS, the City of Miami Beach Neighborhood/Community Affairs Committee,
at its May 24, 2006 meeting, unanimously endorsed the Transportation and Parking
Committee's recommendation; and
WHEREAS, the amendments set forth below are necessary to accomplish all ofthe
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. That Chapter 2 of the Miami Beach City Code, entitled "Administration".
Article 3, entitled "Agencies, Boards, and Committees"; Division 25, entitled "Transportatio~
and Parking Committee"; Section 2-190.94, entitled "Composition", is hereby amended as
follows:
474
Sec. 2-190.94. Composition.
The committee shall consist of W 14 voting members. The mayor and city
commissioners shall each make one appointment, with the other members of the
committee to be comprised of members from the following community organizations, each
of which must delegate a permanent coordinating representative:
1. Miami Beach Chamber of Commerce's Transportation and Parking Committee;
2. Miami Beach Community Development Corporation;
3. Ocean Drive Association;
4. Washington !,venue Task Force;
~. Miami Design Preservation League;
9Q,. North Beach Development Corporation:
12. Mid-Beach Community Association;
3. South Pointe Advisory Boord to tho Rodevelopmont Agency;
gZ. Lincoln Road Marketing, Inc.
10. Miami Beach Transportation Managomont Assooiation;
11. Miami Beach Con'Jention ConterfTOP.^, (SMG); and
12. Middle Beaoh Partnership, Inc., d/b/a 11M Street Middle B03ch Partnership.
A member of the City Administration, the City Parking Director and Transportation
Coordinator shall servo as nonvoting ex officio members. On an annual basis, the
members of the committee shall elect a chairman and such other officers as may be
deemed necessary or desirable, who shall serve at the will of the committee. +eR Seven
members shall consist of a quorum of the committee and shall be necessary in order to
take any action.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and
it is hereby ordained that the provisions of this ordinance shall become and be made part
of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or proviSion of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
2
475
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
AUkr p~
PASSED AND ADOPTED thi$ 6th day of e e er
CITY CLERK
Robert Parcher
,2006.
First Reading: July 12, 2006
Second Reading: te 6,2006
Verified by:
Underscore denotes new language
7/6/2006
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476
1 Jj/.
G MIAMI BEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that ~ublic hearings will be held by the Mayor and City Commission of the City of
Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami
Beach. Florida, on Wedneaday, September 6, 2006, to consider the following:
10:15 a.m.
An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled "Administration" Amending
Article 3, Entitled "Agencies, Boards, And Committees"Amending Division 25, Entitled "Transportation And
Parking Committee" Amending Section 2-190.94, Entitled "Composition", By Reducing The Number 01 Voting
Members On The Committee From 19 To 14, And Amending The Composition Of The Committee To Delete
The MembershipsRepresentation From The Following Organizations: Washington Avenue Task Force; South
Polnte Advisory Board To The Miami Beach Redevelopment Agency; Miami Beach Transportation
Management Association; Miami Beach Convention Center And Theater 01 The Performing Arts (SMG); And
Middle Beach Partnership, Inc., D/B/A 41st Street-Middle Beach Partnership; Further Deleting The Non-
Voting Ex-Officio Member Representations.
Inquiries may be directed to the Parking Department at (305) 673-7275.
10:20 a.m.
An Ordinance Amending Chapter 46 Of The City Of Miami Beach Code By Adding Article 6 Thereof Entitled
"Turtle Nesting Protection Ordinance," Establishing Regulations For Lighting And Other Activities On
Properties Abutting Or Affecting The Beach, Including East OfThe Coastal Construction Control Line, For The
Protection Of Sea And Marine Turtles, Endangered Species Nesting On Miami Beach.
Inquiries may be directed to the Public Works Department at (305) 673-7080.
10:25 a.m.
An Ordinance Amending Chapter 2 Of The Miami Beach City Code, Entitled "Administration"By Amending
Article VI, Entitled "Procurement"By Amending Division 6, Entitled "Living Wage Requirements For City
Service Contracts And City Employees"By Amending Section 2-408(B), Entitled "Health Benefits: Eligibility
Period". To Require Covered Employers, Or The City, To Pay A Living Wage Of $9.81 An Hour, Commencing
On The Date Of Hire Of The Covered Employee, Through The Eligibility Period.
Inquiries may be directed to the Procurement Division at (305) 673-7490.
10:40 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By
Amending Chapter 118, "Administration And Review Procedures", Article II, "Boards", Division 4, "Historic
Preservation Board", Section 118-106 To Modify The Requirements For Approvals Of Certificates Of
Appropriateness.
Inquiries may be directed to the Planning Department at (30.5) 673-7550.
10:50 a.m.
An Ordinance Amending Chapter 142, "Land Development Regulations," Of The City Code; By Amending
Article IV, "Supplementary Use Regulations,"Section 142-874, "Required Enclosures," By Clarifying Store
Enclosures; And Amending Section 142-904,"Additional Mixed Use Entertainment District Regulations," To
Allow The Sale Of Cigars And Cigarettes By A Vendor Licensed On The Premises With Transactions To
Occur Only Within Private Property.
Inquiries may be directed to the Planning Department at (305) 673-7550.
2:00 p.m.
An Ordinance Amending The Code Of The City 01 Miami Beach, By Amending Sllttlon 114-1, "Definitions,"
Clarifying The Meaning Of "Site;"Amending Chapter 142, "Zoning Districts And Regulations," Article II.
"District Regulations," Division 18, "PS Performance Standard District," Clarifying That Floor Area May Be
Distributed On Block 1 Through Covenants In Lieu Of Unity Of Title.
Inquiries may be directed to the City Attorney's Office at (305) 673-7470.
I 5:05 p.m.
An Ordinance Amending The Land Development Regulations Of The Code 01 The City Of Miami Beach,
Florida, Chapter 142, "Zoning Districts And Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family
Residenti..1 Districts," By Amending Lot Coverage, Structure Size, Building Height And Setback
Requirements For New Single-Family Residential Construction And By Amending The Criteria And
Procedural Thresholds For The Review And Approval Of New Single-Family Residential Construction
Inclusive Of The Creation Of A New Single-Family Residential Review Panel.
Inquiries may be directed to the Planning Department at (305) 673-7550.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express
their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive,
1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public
inspection during normal business hC,urs in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor,
City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances
additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City ot Miami Beach
Pursuant to Section 286.0105, Fia. Stal., the City hereby advises the public that: if a person decides to
appeal any decision made by the City Commission with respect to any mailer considered at its meeting or its
hearing, such person must ensure that a verbatim record of the proceedings is made, which record inciudes
the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent
by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons
with disabilities, and/or any accommodation to review any document or participate In any city-sponsored
proceeding, please contact (305) 604.2489 (voice), (305)673-7218(TTY) five days In advance to Initiate your
request. TTY users may also call 711 (Florida Relay Service).
Ad #386
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Condensed Title:
An Ordinance amending Chapter 2 of the Miami Beach City Code entitled "Administration," amending
Article 3, entitled "Agencies, Boards, and Committees," amending Division 25, entitled "Transportation and
Parking Committee," amending Section 2-190.94, entitled "Composition," by amending the composition of
the Committee by withdrawing representation from the following organizations: Washington Avenue Task
Force; South Pointe Advisory Board to the Redevelopment Agency; Miami Beach Transportation
Management Association; Miami Beach Convention Center and Theater of the Performing Arts (SMG);
and, Middle Beach Partnership, Inc., d/b/a 41st Street-Middle Beach Partnership.
Ke Intended Outcome Su orted:
Maintain or improve traffic flow.
Issue:
Shall the composition of the Transportation and Parking Committee (TPC) be amended as
ro osed?
Item Summa IRecommendation:
On July 12, 2006, the Mayor and Commission approved the ordinance on first reading and scheduled the
second and final public hearing for September 6,2006. The Administration recommends that the Mayor
and Commission approve the proposed ordinance amendment on second and final reading.
The Neighborhoods/Community Affairs Committee and the Transportation and Parking Committee
unanimously recommended amending the current membership of the TPC. The Committee expressed a
concern for meeting their current quorum of ten members during regularly scheduled meetings. This
recommendation came after an analysis of the current make-up of the Committee Which comprises 19
voting member groups, of which five groups no longer exist as an entity, do not meet on a regular basis, or
act as a department/division of the Administration.
In the Neighborhoods/Community Affairs Committee discussion, a suggestion was offered that there be a
representative of senior citizens appointed to the TPC to provide representation of the City's elderly
population. At the June 5, 2006 TPC meeting, the Committee discussed this issue and felt that a senior
citizen representative was not necessary as the Committee has consistently had senior citizen
representation by other members of the Committee, who represent their organization and also view issues
through a senior citizen's perspective. In the event that the Commission would like to add a formal
representative of our senior population, it can easily be done without impact on the function of the TPC.
In addition, it is recommended that the TPC serve as the advisory board to the Mayor and Commission
re ardin. the Miami-Dade Transit MDT South Beach Local service.
Adviso Board Recommendation:
The Neighborhoods/Community Affairs Committee, at their May 24,2006 meeting, unanimously approved
the proposed ordinance revisions as recommended by the TPC at their February 6, 2006 and June 5, 2006
meetin s.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
OSPI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
Saul Frances, Parking Director
Si
Director
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MIAMIBEACH
AGENDA ITEM
DATE
R5A
Cf- f4 -Ore,
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
FROM:
....
TO:
DATE:
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH
CITY CODE ENTITLED "ADMINISTRATION," AMENDING ARTICLE 3,
ENTITLED "AGENCIES, BOARDS, AND COMMITTEES," AMENDING DIVISION
25, ENTITLED "TRANSPORTATION AND PARKING COMMITTEE," AMENDING
SECTION 2-190.94, ENTITLED "COMPOSITION," BY AMENDING THE
COMPOSITION OFTHE COMMITTEE BY WITHDRAWING REPRESENTATION
FROM THE FOLLOWING ORGANIZATIONS: WASHINGTON AVENUE TASK
FORCE; SOUTH POINTE ADVISORY BOARD TO THE REDEVELOPMENT
AGENCY; MIAMI BEACH TRANSPORTATION MANAGEMENT ASSOCIATION;
MIAMI BEACH CONVENTION CENTER AND THEATER OF THE PERFORMING
ARTS (SMG); AND, MIDDLE BEACH PARTNERSHIP, INC., D/B/A 41ST
STREET-MIDDLE BEACH PARTNERSHIP; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance. On July 12, 2006, the Mayor and Commission approved the
ordinance on first reading.,
COMMITTEE RECOMMENDATION
The Neighborhoods/Community Affairs Committee, at their May 24, 2006 meeting,
unanimously approved the proposed ordinance revisions as recommended by the
Transportation and Parking Committee (TPC).
At their February 6, 2006 and June 5, 2006 meetings, the TPC unanimously recommended
that the City Commission approve the proposed ordinance revisions.
ANAL YSIS
The TPC unanimously recommended amending the current membership of their Committee.
The TPC expressed a concern for meeting their current quorum of ten members during
regularly scheduled meetings. This recommendation comes after an analysis of the current
make-up of the Committee which comprises 19 voting member groups, of which five groups
no longer exist as an entity, do not meet on a regular basis, or act as a department/division
of the Administration.
Commission Memorandum
July 12, 2006
TPC Ordinance Amendment
Page 2 of 2
The Committee proposed removing the following five groups from their membership:
. Washington Avenue Task Force; and
. South Pointe Advisory Board to the Redevelopment Agency; and
. Miami Beach Transportation Management Association; and
. Miami Beach Convention Center and Theater of the Performing Arts (SMG); and,
. Middle Beach Partnership, Inc., d/b/a/41st Street-Middle Beach Partnership; and
. CMB Parking Director and Transportation Coordinator as non-voting ex officio
members.
In addition, the Neighborhoods Committee suggested that there be a representative of
senior citizens appointed to the TPC to provide representation of the City's elderly
population. At the June 5, 2006 TPC meeting, the Committee discussed this issue and felt
that a senior citizen representative was not necessary as the Committee has consistently
had senior citizen representation by other members of the Committee, who represent their
organization and also view issues through a senior citizen's perspective. The Mayor and
Commission may want to consider making an official senior citizen appointment to the TPC
as there may not always be a member that is a senior citizen.
SENIOR CITIZEN REPRESENTATION
A quorum would be established by attendance of 50%+1 (8 of 14) members under the
attached ordinance. If a senior citizen representative is desired and approved by the
Commission, then a quorum would be established by attendance of eight members (8 of 15).
This amendment would need to be added to the ordinance. The ordinance would also need
to be amended to add the senior representative and to identify the manner of appointment.
The simplest manner of appointing the senior member would be to add this to the Mayor's
appointments.
LOCAL SHUTTLE MIAMI-DADE TRANSIT (MDT) OVERSIGHT
The Interlocal Agreement with MDT to operate a local shuttle provides for a City Citizen
group to review operations and customer service for the Shuttle. The TPC has agreed and
the Administration recommends that this role be performed by the TPC. As the TPC duties
already address this nature of advice, no ordinance change is needed. A policy direction
associated with this item is sufficient.
CONCLUSION
It is recommended that the City Commission adopt the Ordinance.
JMG/RCM/SF/mm
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