January 25, 2017 AgendaCommission Meeting (Presentations & Aw ards)
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
January 25, 2017 - 5:00 PM
Mayor Philip Levine
Commissio ner John Elizabeth Aleman
Commissio ner Ricky Arriola
Commissio ner Michael Grieco
Commissio ner Joy Malakoff
Commissio ner Kristen Ro sen Gonzalez
Commissio ner Micky Steinberg
City Manager Jimmy L. Mo rales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings.
ATT ENT ION ALL LOBBYIST S
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the
registration of all lobbyists w ith the Office of the City Clerk prior to engaging in any lobbying activity
w ith the City Commission, any City Board or Committee, or any personnel as defined in the subject
Code sections. Copies of the City Code sections on lobbyists law s are available in the Office of the
City Clerk. Questions regarding the provisions of the Ordinance should be directed to the Office of the
City Attorney.
To request this material in alternate f o rmat, sign language interpreter (f ive-day notice required), inf ormation on
access f or persons with disabilities, and/or any accommo dation to review any document or participate in any
city-sponso red proceedings, call 305.604.2489 and select 1 for English o r 2 f o r Spanish, then o ption 6; TTY
users may call via 711 (Florida Relay Service).
In order to ensure adequate public co nsideratio n, if necessary, the Mayor and City Commission may mo ve any
agenda item to an alternate meeting. In addition, the Mayor and City Commission may, at their discretion,
adjourn the Commission Meeting without reaching all agenda items.
AGENDA KEY
Presentations and Awards:Regular Agenda:
PA - Presentations and Awards R2 - Competitive Bid Repo rts
R5 - Ordinances
Consent Agenda:R7 - Reso lutions
C2 - Co mpetitive Bid Reports R9 - New Businesses & Commissio n Requests
C4 - Co mmission Co mmittee Assignments R10 - City Atto rney Reports
C6 - Co mmission Co mmittee Reports
C7 - Resolutio ns Reports and Informational Items
Page 1 of 19
AGENDA
1.CALL TO ORDER
2.PLEDGE OF ALLEGIANCE
3.REQUEST FOR ADDITIONS, WITHDRAWALS, AND DEFERRALS
Presentations and Aw ards
PA 1 EMPLOYEE PERFORMANCE RECOGNITION.
Office of the City Manager
PA 2 PRESENTATION BY THE MIAMI BEACH POLICE DEPARTMENT REGARDING THE CITY'S
EFFORTS TO COMBAT HUMAN TRAFFICKING.
Commissioner Jo hn Elizabeth Aleman
PA 3 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO ALAN LIEBERMAN, FOR HIS
WORK IN HISTORIC PRESERVATION ACROSS THE CITY.
Commissio ner Kristen Ro sen Gonzalez
PA 4 PROCLAMATION TO BE PRESENTED TO DAVID KELSEY, FOR HIS EXEMPLARY SERVICE
TO THE COMMUNITY.
Commissioner Michael Grieco
PA 5 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO PRINCIPAL JUDITH A.
CARDONA-DELGADO, FOR EXCELLENCE IN ADULT EDUCATION IN OUR COMMUNITY.
Commissioner Michael Grieco
PA 6 CERTIFICATE OR RECOGNITION TO BE PRESENTED TO MARIA MAQUIEIRA, OCTAVIO
RODRIGUEZ, AND LISA SPENCE FROM WALGREENS ON 41ST STREET FOR HELPING
THE MIAMI BEACH FIRE DEPARTMENT COLLECT TOYS FOR NEEDY CHILDREN.
Commissioner Micky Steinberg
CONSENT AGENDA
REGULAR AGENDA
R5 - Ordinances
R5 A MEDICAL CANNABIS MORATORIUM ON ESTABLISHING USE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, PERTAINING TO ESTABLISHING A TEMPORARY MORATORIUM FOR
UP TO AN ADDITIONAL 90 DAYS, THROUGH MAY 17, 2017, FROM THE EFFECTIVE DATE
OF THIS ORDINANCE ON THE ACCEPTANCE, REVIEW, APPROVAL OR ISSUANCE OF
ANY LAND DEVELOPMENT PERMITS AS THE TERM IS DEFINED IN FLORIDA STATUTES
SECTION 163.3164(16), BUSINESS TAX RECEIPTS OR ANY OTHER LICENSE OR PERMIT
FOR THE ESTABLISHMENT OR OPERATION OF DISPENSING FACILITIES WITHIN THE
CITY ENGAGED IN THE ON-SITE DISTRIBUTION, SALE, DELIVERY OR RETAIL OF LOW-
THC CANNABIS, MEDICAL CANNABIS OR CANNABIS DELIVERY DEVICES PURSUANT TO
Page 2 of 19
SECTIONS 381.986 AND 499.0295 OF THE FLORIDA STATUTES, IN ORDER TO PROVIDE
THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT REGULATIONS GOVERNING
THE ESTABLISHMENT AND OPERATION OF DISPENSING FACILITIES; PROVIDING
PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; R E P E A L OF
CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE
RETROACTIVE TO OCTOBER 19, 2016; FOR ZONING IN PROGRESS PURPOSES, THIS
ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE.
5:01 p.m. First Reading Public Hearing Planning / Of f ice o f the City Attorney
Co mmissioners John Elizabeth Aleman and Joy
Malako f f
R5 B AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED “PUBLIC PROPERTY”, AT
DIVISION V, ENTITLED “SIDEWALK CAFES,” AT SECTION 82-383, RELATING TO PERMIT
FEES AND PENALTIES; TO REQUIRE PRE-PAYMENT, PRIOR PAYMENT OF THE ANNUAL
SIDEWALK CAFÉ PERMIT FEE; AND ELIMINATING THE ABILITY TO PAY IN TWO ANNUAL
INSTALLMENTS; AND TO AMEND THE PERMIT FEE, TO BE INCREASED WHEN THE
CONSUMER PRICE INDEX (CPI) INCREASE IS 1.5% OR MORE, RATHER THAN A CPI
INCREASE OF 5 PERCENT OR MORE; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
First Reading Public Works
Def erred f rom January 11, 2017 - R5 H Commissioner Ricky Arriola
R7 - Resolutions
R7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING A DONATION IN THE AMOUNT OF $250.00 FROM KAROSEN
STRATEGIC PARTNERS, LLC, TO BE UTILIZED BY THE CITY OF MIAMI BEACH’S YOUTH
COMMISSION, AND APPROPRIATING THE $250.00 DONATION TO THE CITY’S
EDUCATION FUND.
Organizational Development Performance
Initiatives
Notices
1.USE OF AUDIO VISUAL EQUIPMENT IN THE COMMISSION CHAMBERS FOR
PRESENTATIONS DURING PUBLIC MEETINGS.
Page 3 of 19
Ordinance s - R5 A
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Jimmy L. Morales, City Manager
DAT E:January 25, 2017
5:01 p.m. First Reading Public Hearing
SUBJECT:MEDICAL CANNABI S MORATORI UM ON ESTABLISHING USE:
AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF
MI AMI BEACH, FLORIDA, PERTAINING TO ESTABLI SHI NG A TEMPORARY
MORATORI UM FOR UP TO AN ADDITIONAL 90 DAYS, THROUGH MAY 17, 2017,
FROM THE EFFECTIVE DATE OF THIS ORDINANCE ON THE ACCEPTANCE,
REVIEW, APPROVAL OR I SSUANCE OF ANY LAND DEVELOPMENT PERMITS
AS THE TERM IS DEFINED IN FLORI DA STATUTES SECTI ON 163.3164(16),
BUSI NESS TAX RECEIPTS OR ANY OTHER LICENSE OR PERMIT FOR THE
ESTABLISHMENT OR OPERATI ON OF DI SPENSING FACI LITIES WITHI N THE
CITY ENGAGED IN THE ON-SI TE DI STRIBUTION, SALE, DELI VERY OR RETAIL
OF LOW-THC CANNABIS, MEDI CAL CANNABIS OR CANNABI S DELIVERY
DEVICES PURSUANT TO SECTIONS 381.986 AND 499.0295 OF THE FLORIDA
STATUTES, IN ORDER TO PROVIDE THE CI TY W I TH AN OPPORTUNITY TO
REVIEW AND ENACT REGULATIONS GOVERNING THE ESTABLI SHMENT AND
OPERATI ON OF DISPENSI NG FACILITIES; PROVI DI NG PENALTIES FOR
VI OLATI ON HEREOF; PROVIDING FOR SEVERABILI TY; R E P E A L OF
CONFLI CTI NG ORDINANCE PROVI SIONS; AND PROVI DI NG FOR AN
EFFECTIVE DATE RETROACTIVE TO OCTOBER 19, 2016; FOR ZONING IN
PROGRESS PURPOSES, THI S ORDINANCE SHALL BE EFFECTIVE UPON
FIRST READING OF THIS ORDINANCE.
RECOMMENDATION
The Administration recommends that the City Commission approve the ordinance at First Reading
and set a Second Reading Public Hearing for February 8, 2017.
ANALY SIS
BACKGROUND
At the request of Commissioner Ricky Arriola, the City Attorney’s Of f ice draf ted a temporary
moratorium ordinance on the issuance of any land development permits, business tax receipts
or any other license or permit for the establishment or operation of dispensing f acilities within
the city engaged in the on-site distribution, sale, delivery or retail of low-thc cannabis, medical
cannab is. The ordinance (2016-4051) was adopted on November 9, 2016 (item R5A) f or a
period of five months, retroactive to October 19, 2016.
Page 4 of 19
On December 12, 2016, the Land Use and Development Committee recommended that the
subject moratorium be extended an additional three (3) months.
ANALYSIS
The proposed temporary moratorium would apply to the establishment and operation of medical
cannabis dispensing f acilities within the corporate limits of the City of Miami Beach. Under the
proposed moratorium, the City would not accept, process or approve any application for
business tax receipts, building permits, land use changes, zoning variances or permits, or any
other development permits for any property, entity, or individual concerning or related to
dispensing facilities engaged in permitted uses under Florida law. This would apply to principal
or accessory uses.
As proposed, the moratorium extension would remain in ef f ect until May 17, 2017, unless earlier
rescinded, repealed or extended by an Ordinance of the City Commission. The current
moratorium, although showing an expiration of February 18, 2017, is actually set to expire on
March 18, 2017, as that is 5 months from the retroactive adoption date of October 19, 2016.
Although May 17, 2017 is only 2 months from actual expiration, that was the date that was
noticed, and would control. I f the Commission should endeavor to extend the moratorium past
May 17, 2017, it may do so under a separate advertisement.
CONCLUSION
The Administration recommends that the City Commission approve the ordinance at First
Reading and set a Second Reading Public Hearing for February 8, 2017.
Legislative Tracking
Planning / Of f ice of the City Attorney
Sponsor
Commissioners John Elizabeth Aleman and Joy Malakoff
ATTACHMENTS:
Description
First Reading Moratorium Ordinance - Form Approved
Ad
Page 5 of 19
ORDINANCE NO .. ____ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, PERTAINING TO ESTABLISHING A TEMPORARY
MORATORIUM FOR UP TO AN ADDITIONAL 90 DAYS, THROUGH MAY 17,
2017, FROM THE EFFECTIVE DATE OF THIS ORDINANCE ON THE
ACCEPTANCE, REVIEW, APPROVAL OR ISSUANCE OF ANY LAND
DEVELOPMENT PERMITS AS THE TERM IS DEFINED IN FLORIDA
STATUTES SECTION 163.3164(16}, BUSINESS TAX RECEIPTS OR ANY
OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION
OF DISPENSING FACILITIES WITHIN THE CITY ENGAGED IN THE ON-SITE
DISTRIBUTION, SALE, DELIVERY OR RETAIL OF LOW-THC CANNABIS,
MEDICAL CANNABIS OR CANNABIS DELIVERY DEVICES PURSUANT TO
SECTIONS 381.986 AND 499.0295 OF THE FLORIDA STATUTES, IN ORDER
TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT
REGULATIONS GOVERNING THE ESTABLISHMENT AND OPERATION OF
DISPENSING FACILITIES; PROVIDING PENALTIES FOR VIOLATION
HEREOF; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING
ORDINANCE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE
RETROACTIVE TO OCTOBER 19, 2016; FOR ZONING IN PROGRESS
PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST
READING OF THIS ORDINANCE.
WHEREAS, pursuant to the Compassionate Medical Cannabis Act of 2014, the Florida
Legislature authorized a very limited number of large nurseries to cultivate, process, and
dispense non-euphoric, low THC cannabis and operate dispensing organizations, as of January
1, 2015; and
WHEREAS, in 2016, the Florida Legislature amended Section 381.986 of the Florida
Statutes to include medical cannabis, revise the requirements for physicians ordering low-THC
cannabis, medical cannabis, or cannabis delivery devices, amend the requirements for the
cultivation, processing, transportation, and dispensing of low-THC cannabis or medical
cannabis, revise the Florida Department of Health's authority and responsibility and provide for
penalties; and
WHEREAS, pursuant to Section 381.986(8) of the Florida Statutes, a municipality may
determine by ordinance the criteria for the number and location of, and other permitting
requirements that do not conflict with state law for dispensing facilities of dispensing
organizations located within its municipal boundaries; and
WHEREAS, due to the historical prohibition of cannabis, the City of Miami Beach
does not currently have any land development regulations governing the use of real
property for the purpose of on-site distribution, sale, delivery or retail of low-THC
cannabis, medical cannabis or cannabis delivery devices as provided by Florida Statutes
Sections 381.g86 and 499.0295; and
WHEREAS, in order to promote the effective regulation of such activities, the City
Commission wishes to preserve the status quo while researching, studying, and
analyzing the potential impact of dispensing facilities within the City's boundaries upon
adjacent uses and the surrounding areas, including its effect on traffic, congestion,
surrounding property values, demand for City services including inspections and increase
Page 6 of 19
police monitoring, and other aspects of the operation of dispensing facilities impacting
the general welfare of the community; and
WHEREAS, the City Commission found that a 150 day temporary moratorium,
through February 18, 2017, on the issuance of business tax receipts and the acceptance,
processing and approval of any building or zoning permits for the establishment and
operation of dispensing facilities within the corporate limits of the City of Miami Beach is a
reasonable period of time; and
WHEREAS, the City Commission finds that the City may require an additional 90 days
to complete the underlying legislation, and look to extend the moratorium through May 17,
2017, which will allow the City sufficient time to determine what zoning districts are best-
suited for this particular use, and how best to formulate land development and licensing
regulations that will appropriately govern the use of real property for the purpose of on-site
distribution, sale, delivery or retail of low-THC cannabis, medical cannabis or cannabis
delivery devices; and
WHEREAS, the City Commission finds it is in the best interest of the citizens of
the City to minimize and control the adverse effects of dispensing facilities by adopting
appropriate land development and licensing regulations; and
WHEREAS, the ordinance is being referred to the City's Planning Board.
WHEREAS, as seen in WC/ Communities, Inc. v. City of Coral Springs, 885 So.2d
912(Fia. 41" DCA 2004), a court will not interfere with the legislative act of establishing a
temporary moratorium where there is a rational relationship to the City's legitimate general
welfare concern; and
WHEREAS, moreover, a court should not set aside the determination of public officers in
land use matters unless it is clear that their action has no foundation in reason, and is a mere
arbitrary or irrational exercise of power having no substantial relation to the public health, the
public morals, the public safety of the public welfare in its proper sense. /d.; and Smithfield
Concerned Citizens for Fair Zoning v. Town of Smithfield, 907 F.2d 239, 243 (1'1 Cir. 1990);
and
WHEREAS, the first step in ensuring a proper moratorium, is to ensure that the City's
legislative has a rational basis and legitimate governmental purpose for the imposition of a
moratorium; and
WHEREAS, the second step is for the Mayor and City Commission to establish a record
that the moratorium would further the governmental purpose of creating, finalizing, and adopting
regulations relating to medical cannabis; and
WHEREAS, it is well-settled that permissible bases for land use restrictions include
concern about the effect of the proposed use on traffic, on congestion, on surrounding property
values, on demand for City services, and on other aspects of the general welfare. WCI
Communities, Inc., 885 So.2d at 915 and Com v. City of Lauderdale Lakes, 997 F.2d 1369,
1375 (11'" Cir. 1993); and
2
Page 7 of 19
WHEREAS, in applying an ordinance retroactively (1) there is clear evidence of
legislative intent to apply the law retroactively, and (2) when allowed, the retroactive application
is constitutionally permissible, in that the new law does not create new obligations, impose new
penalties, or impair vested rights. Jasinski v. City of Miami, 269 F.Supp.2d 1341 (SD Fla.
2003); and
WHEREAS, for purposes of determining whether the retroactive application of a
municipal ordinance impairs a vested right under Florida law, a vested right is defined as an
immediate, fixed right of present enjoyment, /d.; and
WHEREAS, the moratorium is not the retroactive application of a tax; and
WHEREAS, the City is not interfering with a vested right obtained as a result of a final
order from a City Land Use Board, or permit already obtained under the Florida Building Code;
and
WHEREAS, the City Commission finds that imposing a temporary moratorium until
adequate regulations have been developed, considered and adopted is in the best
interest of the health, safety and general welfare of the community and the residents of
the City; and
WHEREAS, the Mayor and City Commission desire to adopt up to a 90 day additional
period for the moratorium, through May 17, 2017.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Recitals. The foregoing recitals are incorporated by this reference as if fully set
forth in the text of this Ordinance. The recitals evidence the concern, motivations and reasons
for imposition of this Ordinance.
SECTION 2. Moratorium Imposed. The City of Miami Beach, Florida hereby declares a
temporary building and zoning moratorium on the establishment and operation of dispensing
facilities within the corporate limits of the City of Miami Beach. The City shall not accept,
process or approve any application for business tax receipts, building permits, land use
changes, zoning variances or permits, or any other development permits for any property,
entity, or individual concerning or related to dispensing facilities engaged in permitted uses
under Florida law, specifically Florida Statutes Sections 381.986 and 499.0295, whether as a
principal or accessory use, so long as this ordinance is in effect. No person, corporation,
partnership or other entity shall establish or operate a dispensing facility engaged in permitted
uses under Florida law, specifically Florida Statutes Sections 381.986 and 499.0295.
SECTION 3: Duration Of Moratorium. The temporary moratorium shall take effect
immediately upon adoption of this ordinance and shall terminate May 17, 2017, an additional 90
days from the adoption of original moratorium, unless the City Commission adopts the
applicable land development and regulatory medical cannabis regulations on a date prior to May
17, 2017, in which case, this moratorium shall automatically end.
3
Page 8 of 19
SECTION 4: Penalties. Every person violating any provision of the Code or any ordinance,
rule or regulation adopted or issued in pursuance thereof shall be assessed a civil penalty not to
exceed $500.00 within the discretion of the court or administrative proceeding (Special Master)
having jurisdiction. Each act of violation and each day upon which any such violation shall occur
shall constitute a separate offense. In addition to the penalty prescribed above, the City may
pursue other remedies such as abatement of nuisance, injunctive relief, administrative
adjudication and revocation of licenses or permits.
SECTION 5. Construction. This Ordinance is to be liberally construed to accomplish its
objectives.
SECTION 6. Severabilitv. That if any clause, section or other part of this Ordinance shall be
held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this
Ordinance shall not be affected thereby, but shall remain in full force and effect.
SECTION 7. Repealer. All ordinances or parts of ordinances and all section and parts of
sections in conflict herewith be and the same are hereby repealed.
SECTION 8. Effective Date. This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this __ day of _____ , 2017.
ATTEST:
CITY CLERK
First Reading: January 11, 2017
Second Readin : Februal)j 8, 201
Verified by: =:-11oi>C:...._::-:-4-...::::..-:-:~,~+
Thomas Mooney, AIC
Planning Director
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
~ (? t FOR EXECUTION
ct\ J__. ~.\~· r z_-13-I C,
City Attorp Date
(Sponsored by: Vice Mayor Joy Malakoff and Commissioner John Aleman)
Underscore denotes new language
StrikethnJ EleAeles striskeA laA!Jlla!Je
T:\AGENDA\2017\1 -January\Pianning\Medical Cannibis Moratorium on Establishing Use revised through 5-17-2017.docx
4
Page 9 of 19
1MURSHAY DECEMBER 71 7OTh
11W1HERAED.(OM NEIGHBORS
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
JANUARY 25, 2017
NOTICE IS HEREBY given that a First Reading Public Hearing, will be heard by the
Mayor and City Commission of the City of Miami Beach, Florida, in the Commission.
Chamber, 3f° Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
January 25, 2017 at 5 :01 p.m., or as soon thereafter as the matter can be heard, to
consider the adoption of the following Ordinance:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, PERTAINING TO ESTABLISHING A TEMPORARY MORATORIUM
FOR UP TO AN ADDITIONAL 90 DAYS, THROUGH MAY 17, 2017, FROM THE
EFFECTIVE DATE OF THIS ORDINANCE ON THE ACCEPTANCE, REVIEW, APPROVAL
OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS AS THE TERM IS DEFINED
IN FLORIDA STATUTES SECTION 163.3164(16), BUSINESS TAX RECEIPTS OR
ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION
OF DISPENSING FACILITIES WITHIN THE CITY ENGAGED IN THE ON -SITE
DISTRIBUTION, SALE, DELIVERY OR RETAIL OF LOW -THC CANNABIS, MEDICAL
CANNABIS OR CANNABIS DELIVERY DEVICES PURSUANT TO SECTIONS 381.986
AND 499.0295 OF THE FLORIDA STATUTES, IN ORDER TO PROVIDE THE CITY
WITH AN OPPORTUNITY TO REVIEW AND ENACT REGULATIONS GOVERNING
THE ESTABLISHMENT AND OPERATION OF DISPENSING FACILITIES; PROVIDING
PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEAL
OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE
DATE RETROACTIVE TO OCTOBER 19, 2016; FOR ZONING IN PROGRESS
PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF
THIS ORDINANCE,
This Ordinance is being heard pursuant to Section 118 -184 of the City's Land Development
Code and § 166.041, F.S. 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, cio the City
Clerk, 17 00 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139.
These Items are available for public inspection during normal business hours In the
Office of the City Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach,
Florida 33139. This meeting, or any item herein, may be continued, and under such
circumstances, additional legal notice need not be provided.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that If a
person decides to appeal any decision made by the City Commission with respect to any
matter considered at its meeting or Its hearing, such person must ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal Is to be based. This notice does not constitute consent by the City
for the Introduction or admission of otherwise Inadmissible or Irrelevant evidence, nor
does It authorize challenges or appeals not otherwise allowed by law.
To request thls material In alternate format, slgn language Interpreter (five -day notice
required), Information on access for persons with disabilities, andfor any accommodation
to review any document or participate in any City-sponsored proceedings, call
305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may
call via 711 (Florida Relay Service).
Ad 1253
Rafael E. Granada, City Clerk
City of Miami Beach
Page 10 of 19
Ordinance s - R5 B
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Jimmy L. Morales, City Manager
DAT E:January 25, 2017
First Reading
SUBJECT:AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF
MI AMI BEACH, FLORIDA, AMENDI NG CHAPTER 82, ENTITLED “PUBLI C
PROPERTY”, AT DIVI SION V, ENTI TLED “SIDEWALK CAFES,” AT SECTION 82-
383, RELATI NG TO PERMIT FEES AND PENALTIES; TO REQUIRE PRE-
PAYMENT, PRIOR PAYMENT OF THE ANNUAL SI DEWALK CAFÉ PERMI T FEE;
AND ELIMI NATING THE ABILITY TO PAY IN TW O ANNUAL I NSTALLMENTS;
AND TO AMEND THE PERMIT FEE, TO BE I NCREASED W HEN THE
CONSUMER PRICE INDEX (CPI) I NCREASE I S 1.5% OR MORE, RATHER THAN
A CPI I NCREASE OF 5 PERCENT OR MORE; PROVIDING FOR REPEALER,
SEVERABILI TY, CODIFICATI ON, AND AN EFFECTIVE DATE.
RECOMMENDATION
Staff recommends approving the Ordinance on First Reading, to remove the provision allowing partial
payments to all funds being due upfront.
ANALY SIS
The City of Miami Beach is in the process of implementation of the EnerGov permitting system.
In addition staff has been reviewing the Sidewalk Caf é Ordinance for potential modif ications to
fit the EnerGov system as well as improve tracking.
The current Sidewalk Café Ordinance (Section 82-383) allows applicants to pay their permit f ee
in two semiannual installments if the fee exceeds $2,000 with the f irst installment due on
October 1st and the second due on April 1st. This process cannot be accommodated in the
new permit tracking system and has led to increased staff resources to track and bill f or the
second installment.
On September 14, 2016, the City Commission referred this item to the Finance and Citywide
Projects Committee for discussion and further direction.
On September 30, 2016, at the Finance and Citywide Projects Committee, the Committee
recommended changing the ordinance to remove the exemption of allowing partial payment to
all f unds being due. Staff was directed to bring back a draft ordinance to the Commission
ref lecting the change.
Page 11 of 19
CONCLUSION
Staff recommends approving the Ordinance on First Reading, to remove the provision allowing
partial payments to all f unds being due at the time of permit assuance
Legislative Tracking
Public Works
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
Ordinance
Page 12 of 19
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82,
ENTITLED "PUBLIC PROPERTY", AT DIVISION V, ENTITLED
"SIDEWALK CAFES," AT SECTION 82-383, RELATING TO PERMIT
FEES AND PENALTIES; TO REQUIRE PRE-PAYMENT, PRIOR
PAYMENT OF THE ANNUAL SIDEWALK CAFÉ PERMIT FEE; AND
ELIMINATING THE ABILITY TO PAY IN TWO ANNUAL
INSTALLMENTS; AND TO AMEND THE PERMIT FEE, TO BE
INCREASED WHEN THE CONSUMER PRICE INDEX (CPI) INCREASE
IS ONE AND A HALF PERCENT (1.5%) OR MORE, RATHER THAN A
CPI INCREASE OF FIVE (5) PERCENT OR MORE; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, at Chapter 82, relating to the regulation of public property, at
Division V, entitled "Sidewalk Cafés," the City regulates the ability of certain restaurants
to utilize abutting public sidewalk areas for sidewalk cafes; and
WHEREAS, Section 82-383, entitled "Permit fee; penalties for late payment;
review of fee; exception," which establishes the annual permit fee, penalties,
enforcement, and process for payment; and
WHEREAS, the Code previously allowed for the annual fee to be paid in two
installments during the year; and
WHEREAS, the City has transferred to a new permitting system that is unable to
process "partial" or "installment" payments; and
WHEREAS, the administration recommends removing the installment payment of
the permit fee from the Code; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 82, "Public Property," Division V "Sidewalk Cafes," at Section 82-383,
entitled "Permit fee; penalties for late payment; review of fee; exception," is amended as follows:
Sec. 82-383. - Permit fee; penalties for late payment; review of fee; exception
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(a) The annual permit fee for operation of a sidewalk cafe shall be as set forth in appendix A,
and shall be based on a per square foot calculation of permitted sidewalk area (including the
area between the tables and chairs).
(1) Notwithstanding any other paragraphs or provisions of this article, no square footage
fee as required by this section shall be required for the operation of sidewalk cafes north
of 63rd Street through and including September 30, 2017. The abatement of sidewalk
cafe square footage fees for businesses north of 63rd Street shall be the subject of a
budget analysis and review by the City Administration by September 30, 2017. However,
a permit must be obtained and the annual base application fee required by subsection
82-382(b)(9) shall be paid for the operation of sidewalk cafes north of 63rd Street.
(2) No square footage fee as required by this section shall be required for the operation
of sidewalk cafes in conjunction with the Washington Avenue Pilot Parklet Program,
which program shall terminate on March 31, 2019. Additionally, no square footage fee as
required by this section shall be required for the operation of sidewalk cafes on
Washington Avenue from 5th Street to Lincoln Road, for the period ending on September
30 2019.
(b) The city manager, in his reasonable discretion and judgment, may suspend or prorate the
annual permit fee in cases of public construction or public emergency situations.
(c) The permit fee shall be paid on or before October 1, and shall cover the time period from
October 1 through September 30 of the following calendar year (permit year). If-the-permit-fee
exceeds $2,000.00, the fcc may be paid in two scmiannual installments, with the first
installment due on October 1, and the second due on April 1. No permit shall be issued for any
portion of a year, but any person/entity operating a sidewalk cafe for a period beginning after the
commencement date of the full permit year (October 1) may obtain a permit for the remaining
portion of that permit year upon payment of a pro-rated portion of the permit fee calculated from
the first day of the month of issuance of the permit to the end of the permit year. Except as
expressly provided in this division, no refund of the permit fee shall be granted.
(d) Late payments for permit fees shall accrue at the rate of ten percent per annum for the
first 30 days. If the permit fee is not paid within 60 days after it is due, the permit shall
terminate automatically. Any continued operation of a sidewalk cafe after termination of a
permit shall be construed as operating a sidewalk cafe without a valid permit, and the city
manager shall have the right to remove, upon 24 hours' written and/or verbal notice to the
permittee, any and all sidewalk cafe furniture used in connection with the sidewalk cafe.
(e) A e t, e t • e e • e U. - - A review of the annual permit fee will be
required whenever the change in the Consumer Price Index (CPI), between the latest CPI
and the date of the CPI used for the last fee adjustment, is one and a half percent (1.5) five
percent or greater.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
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APPROVED AS TO
FORM & LANGUAGE
& FOR E UT ON 1
Date"* City Attorney
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained, that the provisions of
this Ordinance shall become and be made part of the Code of the City of Miami Beach, as
amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of , 2017.
Philip Levine
Mayor
ATTEST:
Rafael E. Granado
City Clerk
First Reading: 2017
Second Reading: , 2017
F:\PLAN\$PLB\2016\12-20-16 \Ocean Drive - Accessory Retail Modifications - ORD Dec 2016 PB.docx
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Resolutions - R7 A
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Jimmy L. Morales, City Manager
DAT E:January 25, 2017
SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF
MI AMI BEACH, FLORI DA, ACCEPTI NG A DONATION IN THE AMOUNT OF
$250.00 FROM KAROSEN STRATEGIC PARTNERS, LLC, TO BE UTILI ZED BY
THE CITY OF MI AMI BEACH’S YOUTH COMMI SSI ON, AND APPROPRIATING
THE $250.00 DONATI ON TO THE CITY’S EDUCATION FUND.
RECOMMENDATION
The Administration recommends the approval of this Resolution accepting a donation for $250.00
from Karosen Strategic Partners, LLC. T his approval will assist the Youth Commission in
accomplishing its purpose to provide the youth of Miami Beach with a vehicle to learn about
government, participate in the process of City government, represent and articulate the needs of
youth in the City, and provide recommendations to the Mayor and City Commissioners on issues and
programs affecting the youth and teen population in the City.
ANALY SIS
At the June 8, 2016 City Commission meeting, Commissioner Kristen Rosen Gonzalez
requested an Ordinance to create a Youth Commission in the City of Miami Beach. This matter
was discussed and Ordinance 2016-4017 amended Chapter 2 of the Code of the City of Miami
Beach entitled “Administration” to create the Youth Commission which is an advisory board of
the City. The purpose of the Youth Commission is to provide the youth of Miami Beach with a
vehicle to learn about government, participate in the process of City government, represent and
articulate the needs of youth in the City, and provide recommendations to the Mayor and City
Commissioners on issues and programs affecting the youth and tee population in the City.
The Youth Commission has the f ollowing powers and duties:
•Serve in an advisory capacity to the Mayor and City Commission with regard to issues
and programs affecting the City’s youth and teen population;
•Foster increased City youth involvement in the affairs of City government;
•Research, discuss, and formulate recommendations on issues, activities, and concerns
of youth in the City;
•Comment upon existing or proposed legislation, ordinances, resolutions, and policies
that impact the youth in the City;
•Work with the youth organizations in the City and other cities, counties, states, and
countries to collaborate on shared issues and interests and to develop new ideas for
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programs;
•Submit to the Mayor and City Commissioners an annual report of activities of the Youth
Commission in the month of May prior to the end of the regular school year; and,
•Utilize social networking sites and/or technology to engage and inform youth in the City
of important City activities.
Karosen Strategic Partners (KSP), a consulting firm, requests to donate $250.00 to support the
ef f orts of the Miami Beach Youth Commission.
On January 17, 2017, the City of Miami Beach’s Youth commission discussed the donation in
the amount of $250.00. As a result, the Miami Beach Youth Commission would like to utilize the
funds to support f uture programs for youth in Miami Beach.
KEY INTENDED OUTCOMES SUPPORTED
Achieve Educational (K-12) Excellence
Legislative Tracking
Organizational Development Perf ormance I nitiatives
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Notices 1.
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Jimmy L. Morales, City Manager
DAT E:January 25, 2017
SUBJECT:USE OF AUDI O VI SUAL EQUIPMENT IN THE COMMI SSI ON CHAMBERS FOR
PRESENTATIONS DURING PUBLI C MEETI NGS.
RECOMMENDATION
See LTC No. 531-2016 attached.
Legislative Tracking
Marketing and Communications
ATTACHMENTS:
Description
LT C
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MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC# 531-2016 LETTER TO COMMISSION
TO: Mayor Philip Levine and Members the City Co;t mission
FROM: Jimmy L. Morales, City Manager
DATE: December 9, 2016
SUBJECT: USE OF AUDIO VISUAL EQUIPM NT IN THE COMMISSION CHAMBERS FOR
PRESENTATIONS DURING PUBLIC MEETINGS
The purpose of this Letter to Commission is to advise the Mayor and Commission of new
guidelines designed by the Office of Communications for showing presentations, images, videos
or any other audio visual communications in the commission chambers during public meetings.
During recent commission meetings we have experienced a number of technical issues with the
audio visual (AV) equipment in the chambers. As we all work to be efficient and effective during
commission meetings, the forced breaks in the meetings to set up the AV for unexpected
presentations, or other videos or images, are the cause of unnecessary delays.
In an effort to allow staff to provide timely set-up of these presentations, as well as allow us an
opportunity to review any content prior to showing it at public meeting, effective January 1, 2017
anyone (general public as well as city staff) wishing to use the AV equipment must submit their
presentation, video, or link 24 hours prior to the meeting in order to have the opportunity to have
it played during the meeting.
The following changes will be taking place to ensure this:
1. The laptop that currently resides at the podium will be moved into the control room and
the AV cable will be removed from the podium.
2. People wishing to have something shown during public meetings must submit their
requests 24 hours prior to the meeting by:
a. Email at: communicationsmiamibeachfl.gov
b. Hand delivered on a jump drive or CD to the communications office at 1701
Meridian Avenue, Miami Beach, FL 33139
c. IT is working on a cloud-based or FTP option for uploading
When submitting the items to be presented they must reference the item number in the title and
be in either PDF, PowerPoint or .MP4 format, or a link to an online video.
The communications department will also work with the Clerk's office to ensure that the public
notices and agendas remind the public of these new procedures.
We look forward to assisting in making sure that commission meetings run as efficiently and
effectively as possible.
JLM/MM/TD
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