20170607 AAAfter Action June 7, 2017 Commission Meeting City of Miami Beach
MIAMIBEACH
Commission Meeting
City Hall, Commission Chamber, 3rd Floor, 1700 Convention Center Drive
June 7, 2017 - 8:30 a.m.
Mayor Philip Levine
Commissioner John Elizabeth Aleman
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov or agendas and video streaming of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code sections.
Copies of the City Code sections on lobbyists laws are available in the Office of the City Clerk.
Questions regarding the provisions of the Code should be directed to the Office of the City Attorney.
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users may call via 711 (Florida Relay Service),In order to ensure adequate public consideration, if necessary,
the Mayor and City Commission may move 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
Meeting called to order by Mayor Levine at 8:31:42 a.m.
9:00:19 a.m.
Inspirational Message given by Rabbi David Weberman.
Pledge of Allegiance led by Chief Daniel Oates.
Lunch recess at 12:00 p.m.
After Action June 7, 2017 City of Miami Beach
Commission Meeting
ADDENDUM MATERIAL 1:
C7 W Award ITB 2017 -259 -ND, Lummus Park Lighting. (Arriola)
C7 X Change Allison Park Playground Surface. (Aleman)
R7 0 Oppose US withdrawing from Paris Climate Agreement. (Levine/Aleman)
R7 P Oppose US withdrawing from Paris Climate Agreement. (Steinberg)
ADDENDUM MATERIAL 2:
C4 N Ref: FCWPC - Log Cabin Structure at 8128 Collins Avenue.
C4 0 Ref: FCWPC - North Beach Bandshell Canopy Funding. (Arriola)
R5 AJ 1st Rdg, Ch. 2, Prohibit Lobbying by Campaign Consultants. (Malakoff/Rosen Gonzalez)
R7 Q Call Special Election, Terminate alcohol sales at 2:00 a.m. on Ocean Drive. (Levine)
R9 N Discuss Referendum - Strong Mayor form of Government. (Rosen Gonzalez)
R10 Al2:00 p.m. Closed Attorney -Client Session: Hargreaves & Associates, et al.
R9 0 Discuss Commercial/Residential Interface in Flamingo Park Neigh. (Rosen Gonzalez)
ADDENDUM MATERIAL 3:
C4 P Ref: FCWPC - Sponsor Miami Beach Fit Fest. (Arriola)
C7 Y Approve Insourcing of North Shore Park Tennis Center. (Aleman)
ADDENDUM MATERIAL 4:
C4 Q Refer LUDC/ RM2 Parking Reqs To CD2 Properties -Alton Road 5th To 17th Streets. (Malakoff)
SUPPLEMENTAL MATERIAL 1:
C7 Q Accept FCWPC Rec. - consider Sponsorship/Waive Fees, Super Bowl 2020. MEMORANDUM
R5 H 10:20 a.m. 1st Rdg, PH, Medical Cannabis Ord - Land Use Regulations. REVISED ORDINANCE
R5 Al 1St Rdg, Ch. 6, Limit Sale/Consumption/Serving Alcohol/Holidays. MEMORANDUM & ORDINANCE
R7 F Award RFP 2017 -006 -AK, Public Safety Radio Network. MEMORANDUM & RESOLUTION
R7 K Lanzo Change Order for Washington Avenue. REVISED MEMORANDUM & RESOLUTION
R7 M Accept Donation of Street Furniture, Rue Vendome Street Closure. MEMORANDUM
R7 N Support U.S. Bills Facilitating Use of Foreign Offshore Sand in Beach Nourishment. RESOLUTION
R9 K Discuss World OutGames. (Aleman) ATTACHMENTS
R9 M Discuss Prorating Fee, Sidewalk Cafe Perm. -Espanola Way. (Grieco) (Moved from R7 J)
MEMORANDUM
SUPPLEMENTAL MATERIAL 2:
C7 V Request Town Hall Workshops, County's Comp. Dev. Master Plan. (Rosen Gonzalez) RESOLUTION
R5 AH Ch. 82, Sidewalk Cafes Single -Use Plastic Bags. (Grieco/Rosen Gonzalez) MEMORANDUM &
ORDINANCE
R7 I ID funding to sponsor the 2017 FootVolley Classic. (Rosen Gonzalez) RESOLUTION
SUPPLEMENTAL MATERIAL 3:
C2 G Reso/Amend Agreement w/ United Services for Janitorial Services, $544,163.20. RESOLUTION &
DRAFT AGREEMENT
C4 M Ref: PB/Amend Operation Hours, Alcoholic Beverage -Ocean Dr. to 2:00 a.m. REVISED ORDINANCE
C6 C Report: May 19, 2017 Neighborhood/Community Affairs Committee. MEMORANDUM
C6 D Report: May 19, 2017 Finance & Citywide Projects Committee. MEMORANDUM
R5 Al Ch. 6, Limit Sale Consumption/Serving Alcohol During Holidays. (Grieco) REVISED ORDINANCE
R7 L Enhance Pedestrian Crossings on Venetian Way. (Steinberg) RESOLUTION
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After Action June 7, 2017 City of Miami Beach
Commission Meeting
10:31:58 a.m.
Rafael E. Granado, City Clerk, announced the following into the record:
City Clerk's Note:
Pursuant to Ordinance 2015-3954, Sec. 2-12(3), addendum agenda items C4 N, C4 0, C4 P, C4 Q, C7 W,
C7 X, C7 Y, R5 AJ, R7 0, R7 P, R7 Q and R10 A, have been approved by Mayor Levine to be placed on the
Commission Agenda. No additional vote is required.
Sec. 2-12(3) Reads:
Addendum agenda items — Any item not included in the agenda submitted to the Mayor and City Commission
on the initial print day must be submitted by the City Clerk to the Mayor for a determination whether the item is
to be placed on the Agenda as an addendum item. If the Mayor declines to place the item on the agenda as
an addendum item, then the item shall be submitted to the City Commission for a vote and the item shall only
be considered at the City Commission Meeting upon a finding by the City Commission, by a five -seventh
(5/7th) affirmative vote.
NOTATIONS:
Add Commissioner Arriola as co-sponsor of item C7 X
Add Vice -Mayor Rosen Gonzalez as co-sponsor to items R5 AH, R5 AJ, R7 0 & R7 P
CORRECTIONS:
C4 F Ref: PB - General Advertising Sign for NSOSP Dog Areas Located At 828 8051 Collins Avenue.
ITEMS WITHDRAWN:
C4 J Ref: FCWPC - Alternative Management Models for N. Shore Park Tennis Center. (Aleman)
C4 M Ref: PB - Amend Hours of Operation, Alcoholic Beverage on Ocean Dr. to 2:00 a.m. (Levine)
R7 H Consider $100,000 in FY 17/18 Budget, Film Incentive program.
ITEMS OPENED AND CONTINUED TO JUNE 28, 2017
R5 M Workforce/Affordable Housing - Comp Plan Amend. (Aleman) 1st Rdg
R5 N Affordable Housing LDR & City Code Amendments. (Aleman) 1St Rdg, 5/7
R5 0 Workforce Housing LDR & City Code Amendments. (Aleman) 1st Rdg, 5/7
ITEMS DEFERRED TO JULY 26, 2017
C4 L Ref: LUDC/PB - Sunset Harbour Alcohol Beverage Hours. (Arriola)
C7 C Award ITB 2017 -143 -ZD, Lower North Bay Road Lighting (See Clerk' Note with the item.)
C7 H Award RFP 2017 -002 -JC, Emergency Medical Transport Billing & Collection Services
R5 Al Ch. 6, Limit Sale Consumption/Serving Alcohol During Holidays.
R9 N Discuss Referendum - Strong Mayor form of Government. (Rosen Gonzalez)
ITEMS OPENED AND CONTINUED TO JULY 26, 2017
R7 A Revocable Permit for 723 Lincoln Lane North -Marshalls
ITEMS OPENED AND CONTINUED TO SEPTEMBER 13, 2017
R5 C Terminal Island - Comp Plan Amendments
R5 D Terminal Island - LDR Amendments
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After Action June 7, 2017 City of Miami Beach
Commission Meeting
ITEMS SEPARATED:
Items C7 X separated by Commissioner John Elizabeth Aleman
Item C4 L separated by Commissioner Ricky Arriola
Item C2 C separated by Commissioner Joy Malakoff
10:28:39 a.m.
MOTION TO ADD ADDENDUM ITEM R9 0 TO THE AGENDA
City Clerk Granado explained that a 5/7 vote is required to add Item R9 0, sponsored by Vice -Mayor Rosen
Gonzalez, to today's Commission Agenda. Roll vote taken: 3-4. Motion failed. Item not added to the
Commission Agenda. See Action with R9 O.
CONSENT AGENDA
10:33:57 a.m.
Motion made by Commissioner Aleman; seconded by Commissioner Arriola to approve the Consent Agenda,
except for separated items. Voice -vote: 7-0.
C2 - Competitive Bid Reports
C2 A REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ) NO. 2017 -163 -
WG FOR UNDERWRITER SERVICES.
Finance/Procurement
ACTION: Request approved. John Woodruff and Alex Denis to handle.
C2 B REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID
(ITB) NO. 2017 -009 -KB FURNISH AND INSTALL VFD'S, VAV'S & PNEUMATIC CONTROLS AT
MIAMI BEACH POLICE DEPARTMENT.
Property Management/Procurement
ACTION: Request approved. Adrian Morales and Alex Denis to handle.
10:51:56 a.m.
C2 C REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ) NO. 2017 -119 -
KB FOR SMART CITY STREET LIGHTING SYSTEM — DESIGN, BUILD, OPERATE, AND
MAINTAIN.
Public Works/Procurement
Commissioner's Michael Grieco and Ricky Arriola
ACTION: Request approved as amended. Item separated by Commissioner Malakoff. Motion made
by Commissioner Malakoff to approve the issuance of the RFQ, as amended; seconded by
Commissioner Aleman; Voice vote: 7-0. Eric Carpenter and Alex Denis to handle.
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Commission Meeting
C2 D
C2 E
C2 F
AMENDMENT:
Delineate in the RFQ that experience is required in having worked in a coastal community, with
knowledge of local wildlife, such as sea turtles.
Commissioner Malakoff explained that she believes this is an important item. Miami Beach needs
better lighting, and the Smart Street Lighting can provide it with the use of LED lights, and Wi-Fi
access. She wants to make sure that any proposer should be experienced with marine life, because
Miami Beach is a nesting area for the endangered sea turtles.
Roy Coley, Assistant Director of Public Works, stated that Public Works has been working with many
stakeholders on the issue. They will consider the appropriate people in the selection committee.
They intend to have a system that is "technology neutral," where changes could take place along the
way, and can be refreshed as better systems are developed. They will be sure to get the expert help
that is required.
City Manager Morales, in response to Commissioner Malakoff, stated that the RFQ could be made to
require experience working in marine and coastal environments.
REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ) NO. 2017 -237 -
ND, FOR FRICTION TESTING SERVICES FOR SPECIALTY SURFACE CROSSWALKS.
Public Works/Procurement
ACTION: Request approved. Eric Carpenter and Alex Denis to handle.
REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ) NO. 2017 -238 -
ND, FOR COMPUTER VISUALIZATION SERVICES FOR TRANSPORTATION AND
ENGINEERING PROJECTS.
Transportation/Procurement
ACTION: Request approved. Jose Gonzalez and Alex Denis to handle.
REQUEST FOR APPROVAL TO ISSUE REQUEST FOR PROPOSALS (RFP) NO, 2017 -201 -WG,
FOR MANAGEMENT AND OPERATION OF ARTISANAL MARKET AT LUMMUS PARK.
Tourism, Culture and Economic Development/Procurement
ACTION: Request approved. Eva Silverstein and Alex Denis to handle.
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After Action June 7, 2017 City of Miami Beach
Commission Meeting
SUPPLEMENTAL MATERIAL 3: RESOLUTION & DRAFT AGREEMENT
C2 G REQUEST FOR APPROVAL AND AUTHORIZATION TO EXECUTE, SUBSTANTIALLY IN THE
FORM ATTACHED TO THIS MEMORANDUM, AMENDMENT NO. 1 TO THE AGREEMENT,
DATED FEBRUARY 24, 2014, BETWEEN THE CITY AND UNITED SERVICES, INC. FOR
JANITORIAL SERVICES, CITY WIDE; SAID AMENDMENT, IN MATERIAL PART,
RETROACTIVELY APPROVING THE ADDITION OF CERTAIN SITES AND SERVICES,
INCLUDING THE PAYMENT OF OUTSTANDING INVOICES, IN THE AMOUNT OF $37,325.62,
AND ADDING NEW SITES AND SERVICES, COLLECTIVELY FOR A TOTAL ADDITIONAL
CONTRACT AMOUNT NOT TO EXCEED $544,16320; AND FURTHER CLARIFYING THAT THE
CITY MANAGER MAY AMEND THE AGREEMENT, INCLUDING THE REDUCTION OR ADDITION
OF SITES OR SERVICES COVERED BY THE AGREEMENT.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE,
SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, AMENDMENT NO. 1 TO
THE AGREEMENT, DATED FEBRUARY 24, 2014, BETWEEN THE CITY AND UNITED
SERVICES, INC. FOR JANITORIAL SERVICES, CITY-WIDE; SAID AMENDMENT, IN MATERIAL
PART, RETROACTIVELY APPROVING THE ADDITION OF CERTAIN SITES AND SERVICES,
INCLUDING THE PAYMENT OF OUTSTANDING INVOICES, IN THE AMOUNT OF $37,325.62;
ADDING NEW SITES AND SERVICES; CLARIFYING THAT THE CITY MANAGER MAY AMEND
THE AGREEMENT, INCLUDING THE REDUCTION OR ADDITION OF SITES OR SERVICES
COVERED BY THE AGREEMENT; AND INCREASING THE CONTRACT AMOUNT, BY AN
AMOUNT NOT TO EXCEED $544,163.20.
Property Management
ACTION: Request approved. Resolution 2017-29874 adopted. Adrian Morales to handle.
C4 - Commission Committee Assignments
C4 A REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE TO DISCUSS THE
SILVER JACKETS PROGRAM AND OBJECTIVES AS THEY RELATE TO ONGOING AND
FUTURE INITIATIVES IN MIAMI BEACH.
C4 B
Commissioner John Elizabeth Aleman
ACTION: Item referred. Margarita Wells to place on the Committee Agenda. Margarita Wells
and Thomas Mooney to handle.
REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE TO CONSIDER A SOLAR
POWER SHOWCASE PROJECT WITHIN THE CITY OF MIAMI BEACH.
Commissioners John Elizabeth Aleman and Joy Malakoff
ACTION: Item referred. Margarita Wells to place on the Committee Agenda and to handle.
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C4 C
REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO CONSIDER A
TRAFFIC STUDY FOR THE CORNER OF 79TH STREET AND COLLINS AVENUE.
Commissioner John Elizabeth Aleman
ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. Jose Gonzalez to
handle.
C4 D REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE FOR THE
RENAMING OF NORTH SHORE OPEN SPACE PARK TO NORTH BEACH OCEANSIDE PARK.
Parks and Recreation
Commissioner John Elizabeth Aleman
ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. John Rebar to
handle.
C4 E REFERRAL TO THE PLANNING BOARD - NORTH BEACH NATIONAL REGISTER
CONSERVATION DISTRICT OVERLAY.
Planning
Commissioner John Elizabeth Aleman
ACTION: Item referred. Michael Belush and Thomas Mooney to place on the Board Agenda.
Thomas Mooney to handle.
C4 F REFERRAL TO THE PLANNING BOARD FOR A REVIEW OF WAIVER OF DEVELOPMENT
REGULATIONS PERTAINING TO A GENERAL ADVERTISING SIGN FOR THE SMALL AND
LARGE DOG PARKS AT NORTH SHORE OPEN SPACE PARK, LOCATED AT 8328 8051
COLLINS AVENUE, MIAMI BEACH, FLORIDA.
Parks and Recreation
ACTION: Item referred. Michael Belush and Thomas Mooney to place on the Board Agenda.
John Rebar to handle.
C4 G REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE AND THE PLANNING
BOARD -ALTERNATIVE PARKING REQUIREMENTS ORDINANCE.
Planning
Commissioner Joy Malakoff
ACTION: Item referred. Thomas Mooney to place on the Land Use and Development
Committee Agenda. Michael Belush and Thomas Mooney to place on the Planning Board
Agenda. Thomas Mooney to handle.
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C4 H REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO DISCUSS
EXTENDING THE MIAMI BEACH BOTANICAL GARDEN TO THE COLLINS CANAL.
Capital Improvement Projects
Vice -Mayor Kristen Rosen Gonzalez
ACTION: Item referred. John Woodruff to place on the Committee Agenda. David Martinez and
Eva Silverstein to handle.
C4 I REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE FOR A REVIEW OF
RECOMMENDED CHANGES TO THE CITY'S SELF-FUNDED HEALTH INSURANCE PLAN FOR
THE OCTOBER 2017 PLAN YEAR.
C4 J
Human Resources
ACTION: Item referred. John Woodruff to place on the Committee Agenda. Sonia Bridges and
Michael Smith to handle.
REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE FOR EVALUATION OF
ALTERNATIVE MANAGEMENT MODELS FOR THE NORTH SHORE PARK TENNIS CENTER.
Parks and Recreation
Commissioner John Elizabeth Aleman
ACTION: Item withdrawn.
C4 K REFERRAL TO THE FINANCE AND CITY WIDE PROJECTS COMMITTEE: DISCUSSION
PERTAINING TO AN ECONOMIC FEASIBILITY ANALYSIS FOR THE PROPOSED NORTH
BEACH NEIGHBORHOOD CONSERVATION DISTRICT.
Planning
Land Use and Development Committee
ACTION: Item referred. John Woodruff to place on the Committee Agenda. Thomas Mooney to
handle.
10:50:11 a.m.
11:44:06 a.m.
C4 L REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE AND THE PLANNING
BOARD REGARDING AN ORDINANCE AMENDING THE HOURS OF OPERATION FOR
ALCOHOLIC BEVERAGE ESTABLISHMENTS IN THE SUNSET HARBOUR NEIGHBORHOOD.
Office of the City Attorney
Commissioner Ricky Arriola
ACTION: Item deferred by acclamation to the July 26, 2017 Commission Meeting. Thomas
Mooney and Office of the City Attorney to handle.
Commissioner Arriola requested deferring the item until the July 26, 2017 City Commission meeting.
This item is about the removal of the grandfather exemption to businesses established before last
year's legislation, which curbs alcohol sales beyond 2:00 a.m. Commissioner Arriola spoke to the
owners of Purdy Lounge, and they assured him that they will hire off-duty Police Officers, better
Page 8 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
regulate the door policy, meet with neighbors, and curtail noise. He wants to give the neighborhood
residents and business owners time to come up with a plan that works.
Item deferred by acclamation.
Bruce Beckmann, Sunset Harbour resident, explained the multiple issues neighbors have had with
the noise and overall rowdiness of Purdy Lounge patrons. They do not want Sunset Harbour to
become a bar area like Ocean Drive. Despite its current advertising campaign, Purdy Lounge did not
contribute to the betterment of Sunset Harbour, it was the parking garage with stores, and the two
supermarkets that helped make the neighborhood become what it is today.
Sarah Del Reyes, Sunset Harbour Neighborhood Association President, stated that at first, the
problem with Purdy Lounge was the noise coming from within the bar, but now people are loud
outside the establishment. The worst offenders are the patrons who go to the bar between 3:00 a.m.
and 5:00 a.m.
SUPPLEMENTAL MATERIAL 3: REVISED ORDINANCE
C4 M REFERRAL TO THE PLANNING BOARD REGARDING AN ORDINANCE AMENDING THE
HOURS OF OPERATION FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ON
OCEAN DRIVE AT 2:00 A.M. EVERY NIGHT, EXCEPT FOR INDOOR PORTIONS OF ALCOHOLIC
BEVERAGE ESTABLISHMENTS THAT ARE COMPLETELY ENCLOSED AND LOCATED
ENTIRELY WITHIN HOTELS.
Office of the City Attorney
Mayor Philip Levine
ACTION: Item withdrawn. See action with R7 Q.
Clerk's Note: Commissioner Aleman had separated Item C4 M for discussion. However, as Mayor
Philip Levine, the Sponsor of the item, withdrew the item, no discussion was had.
Handouts or Reference Materials:
1. Email from hotcat301@gmail.com on behalf of Frank Del Vecchio fdelvecchio@atlanticbb.net; dated June
4, 2017 to Raul Aguila RE: June 7, 2017 City Commission Alcoholic Beverage Service Agenda Items [C4
M, Mayor Levine], [Sec. 6-3(b), Commissioner Grieco].
ADDENDUM MATERIAL 2:
C4 N REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO DISCUSS THE
CONDITION OF THE LOG CABIN STRUCTURE LOCATED AT 8128 COLLINS AVENUE.
Property Management
ACTION: Item referred. John Woodruff to place on the Committee Agenda. Adrian Morales to
handle.
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Commission Meeting
ADDENDUM MATERIAL 2:
C4 0 REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, TO DISCUSS
FUNDING FOR THE NORTH BEACH BANDSHELL CANOPY.
Commissioner Ricky Arriola
ACTION: Item referred. John Woodruff to place on the Committee Agenda. David Martinez and
Eva Silverstein to handle.
ADDENDUM MATERIAL 3:
C4 P REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO DISCUSS
SPONSORING THE MIAMI BEACH FIT FEST IN NORTH BEACH.
Commissioner Ricky Arriola
ACTION: Item referred. John Woodruff to place on the Committee Agenda. Eva Silverstein to
handle.
ADDENDUM MATERIAL 4:
C4 Q REFERRAL TO LAND USE AND DEVELOPMENT COMMITTEE TO APPLY THE NEW RM2
PARKING REQUIREMENTS TO THE CD2 PROPERTIES ON ALTON ROAD FROM 5TH TO 17TH
STREET.
Commissioner Joy Malakoff
ACTION: Item referred. Thomas Mooney to place on the Committee Agenda and to handle.
C6 - Commission Committee Reports
C6 A REPORT OF THE MAY 10, 2017 LAND USE AND DEVELOPMENT COMMITTEE MEETING: 1.
NORTH BEACH MASTER PLAN RECOMMENDATIONS FOR THE TOWN CENTER (TC) ZONING
DISTRICTS. 2. DISCUSSION REGARDING ZONING OVERLAY AND CONSERVATION
DISTRICTS FOR THE ENTIRE BOUNDARIES OF THE NORTH SHORE AND NORMANDY ISLES
NATIONAL REGISTER DISTRICTS. 3. DISCUSSION REGARDING AN ORDINANCE CLARIFYING
THAT ENTERTAINMENT IS NOT PERMITTED IN THE CITY'S PERFORMANCE STANDARD
DISTRICTS. 4. DISCUSSION TO EXPLORE BRINGING THE WYNWOOD YARD CONCEPT TO
NORTH BEACH. 5. DISCUSSION PERTAINING TO DEVELOPMENT REGULATIONS AND
GUIDELINES FOR NEW CONSTRUCTION IN THE PALM VIEW HISTORIC DISTRICT TO
ADDRESS RESILIENCY, SUSTAINABILITY AND ADAPTATION. 6. DISCUSSION REGARDING
THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO
ESTABLISH MORE AGGRESSIVE REQUIREMENTS FOR EMPLOYEE TRANSPORTATION
PLANS. 7. DISCUSSION REGARDING ADAPTIVE REUSE ALONG THE TATUM WATERWAY.
Planning
ACTION:
1. NORTH BEACH MASTER PLAN RECOMMENDATIONS FOR TC ZONING DISTRICTS.
MOTION: Continue to June 14, 2017 by acclamation.
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2. ZONING OVERLAY & CONSERVATION DISTRICTS
MOTIONS:
Approved by Acclamation:
Staff to study the measurement of `stories' for the proposed conservation district and bring back to
LUDC for further discussion and evaluation.
Approved by Acclamation:
Recommend that the City Commission refer a discussion item to the Finance and City Wide
Projects Committee pertaining to an economic feasibility analysis for the proposed North Beach
Neighborhood Conservation District.
Approved by Acclamation:
Recommend that the City Commission refer the proposed Conservation District Ordinance to the
Planning Board, including the recommendation on parking.
3. ORDINANCE CLARIFYING ENTERTAINMENT IS NOT PERMITTED
MOTION: JA/MS (3-0)
Recommend that the Planning Board transmit the ordinance to the City Commission with a
favorable recommendation.
4. EXPLORE BRINGING WYNWOOD YARD CONCEPT TO NORTH BEACH.
MOTION: MS/JM (2-0)
Recommend in favor of the proposal, with the removal of apartments from the proposed
comprehensive plan amendment.
5. DEVELOPMENT REGULATIONS & GUIDELINES FOR NEW CONSTRUCTION
MOTION: Deferred to June 14, 2017 by Acclamation
6. AGGRESSIVE REQUIREMENTS EMPLOYEE TRANSPORTATION PLANS.
MOTION: Continue to Sept 20, 2017 by acclamation
7. DISCUSSION REGARDING ADAPTIVE REUSE ALONG THE TATUM WATERWAY.
MOTION: Deferred to June 14, 2017 by acclamation.
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C6 B REPORT OF THE MAY 10, 2017 SUSTAINABILITY AND RESILIENCY COMMITTEE: 1.
DISCUSSION REGARDING HOW GREEN INFRASTRUCTURE INCLUDING LIVING OR HYBRID
SHORELINES CAN COMPLEMENT GREY INFRASTRUCTURE IN OUR CLIMATE ADAPTATION
ONGOING WORK. 2. DISCUSSION ON STORMWATER BEST MANAGEMENT PRACTICES. 3.
DISCUSSION ON THE CITY TO OFFER CHRISTMAS TREE RECYCLING, COMMENCING IN
2017. 4. REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE TO CONSIDER
ESTABLISHING AN EMERGENCY FUND DEDICATED TO PROTECTING THE TOURISM
INDUSTRY FROM MAJOR ADVERSE IMPACTS. 5. REFERRAL TO THE SUSTAINABILITY AND
RESILIENCY COMMITTEE - DISCUSS RETROFITTING WATER FOUNTAINS WITH WATER
BOTTLE REFILLING STATIONS. 6. REFERRAL TO THE SUSTAINABILITY AND RESILIENCY
COMMITTEE REGARDING PENDING BILLS IN THE FLORIDA LEGISLATURE THAT WOULD
ALLOW CERTAIN COASTAL COMMUNITIES TO REGULATE OR BAN DISPOSABLE PLASTIC
BAGS. 7. REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE TO EXPLORE
URBAN INDOOR FARMING OPPORTUNITIES ON UNDERUTILIZED CITY PROPERTY. 8.
UPDATE REGARDING DISCUSSION ON ALTERNATIVES TO PLASTICWARE IN BEACH
CONCESSIONS. 9. MAYOR'S BLUE RIBBON PANEL ON FLOODING SEA AND SEA LEVEL
RISE. 10. SUSTAINABILITY COMMITTEE. 11. RESILIENCY STRATEGY.
Environment and Sustainability
ACTION:
1. HOW GREEN INFRASTRUCTURE CAN COMPLEMENT GREY INFRASTRUCTURE IN OUR
CLIMATE ADAPTATION ONGOING WORK
ACTION: No further action taken.
2. DISCUSSION ON STORMWATER BEST MANAGEMENT PRACTICES
ACTION: Continued to the June 14, 2017 Sustainability and Resiliency Committee.
3. CITY TO OFFER CHRISTMAS TREE RECYCLING, COMMENCING IN 2017
ACTION: Deferred to the June 14, 2017 Sustainability and Resiliency Committee.
4. REFERRAL TO SRC CONSIDER ESTABLISH EMERGENCY FUND TO PROTECT TOURISM
INDUSTRY FROM MAJOR ADVERSE IMPACTS
ACTION: Item referred to the Blue Ribbon Panel on Emergency Response for further discussion.
5. REFERRAL TO SRC —RETROFITTING WATER FOUNTAINS WITH WATER BOTTLE
REFILLING STATIONS
ACTION: Deferred to the June 14, 2017 Sustainability and Resiliency Committee.
6. REFERRAL TO SCR PENDING BILLS IN FLA LEGISLATURE/ALLOW CERTAIN COASTAL
COMMUNITIES TO REGULATE OR BAN DISPOSABLE PLASTIC BAGS
MOTION: City staff and the Office of the City Attorney to draft an ordinance requiring sidewalk
cafes to discontinue the use of plastic bags. Item passed by acclamation.
7. REFERRAL TO SRC/EXPLORE URBAN INDOOR FARMING OPPORTUNITIES ON
UNDERUTILIZED CITY PROPERTY.
ACTION: Staff to conduct an assessment on private and public parking lots or underutilized
parking garages that can be used for farming opportunities.
8. UPDATE ON ALTERNATIVES TO PLASTICWARE IN BEACH CONCESSIONS.
ACTION: Staff to begin compiling a plan for beachfront hotels and concessionaries to transition to
reusable products. Item continued to July 19, 2017 Sustainability and Resiliency Committee.
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9. MAYOR'S BLUE RIBBON PANEL ON FLOODING SEA AND SEA LEVEL RISE.
ACTION: Continued to the June 14, 2017 Sustainability and Resiliency Committee.
10. SUSTAINABILITY COMMITTEE. 11. RESILIENCY STRATEGY.
ACTION: No action taken.
11. RESILIENCY STRATEGY
ACTION: Deferred to the June 14, 2017 Sustainability and Resiliency Committee.
SUPPLEMENTAL MATERIAL 3: MEMORANDUM
C6 C REPORT OF THE MAY 19, 2017 NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE: 1.
DISCUSSION REGARDING THE IMPROVEMENT OF AMENITIES IN SOUNDSCAPE PARK. 2.
DISCUSSION REGARDING AND PRESENTATION ON MAKING MIAMI BEACH A "CITY OF
KINDNESS." 3. DISCUSS THE PLACEMENT OF FARAH SERVE EUE SPORTS EQUIPMENT AT
DIFFERENT LOCATIONS THROUGHOUT THE CITY. 4. DISCUSSION REGARDING BUMP -OUTS
ON 40TH STREET. 5. DISCUSSION ON OFFERING MIAMI BEACH AS A PILOT CITY FOR UBER
SELF -DRIVING CARS. 6. DISCUSSION REGARDING LOWERING SPEED LIMITS AND/OR
TRAFFIC CALMING IN RESIDENTIAL NEIGHBORHOODS. 7. DISCUSSION ON THE CREATION
OF A MIAMI BEACH HALL OF FAME AND ESTABLISHING CRITERIA PLACEMENT AND
SELECTION PROCESS. 8. DISCUSSION REGARDING THE MAINTENANCE OF PUBLIC
BATHROOMS CITYWIDE. 9. DISCUSSION REGARDING THE CITY OF MIAMI BEACH
BRANDING -MUNICIPAL LOGO. 10. DISCUSSION TO RECONSIDER THE CITY'S USE OF
BONDED AGGREGATE FOR TREE PITS. 11. DISCUSSION AS REQUESTED BY THE VENETIAN
ISLANDS HOMEOWNERS ASSOCIATION, ON ENHANCEMENTS TO THE PEDESTRIAN
CROSSINGS ON VENETIAN WAY, FROM RIVO ALTO TO SAN MARINO. 12. DISCUSSION
REGARDING PILOTLESS DRONE TAXIS. 13. DISCUSSION TO EXPLORE PLACING CAMERAS
ON EVERY CORNER OF THE MXE (MIXED USE ENTERTAINMENT) DISTRICT AND ON THE
BEACHWALK, AND INSTALLING EMERGENCY ACTIVATION BOXES ALONG THE
BEACHWALK. 14. DISCUSSION ON ADDING PLAYGROUND EQUIPMENT ON THE NORTH
SIDE OF THE NEW PUMP STATION ON NORTH BAY ROAD AND 23RD STREET. 15.
DISCUSSION REGARDING TRAFFIC CALMING IMPROVEMENTS IN THE CENTRAL
BAYSHORE NEIGHBORHOOD AND DISCUSSION REGARDING RAISING STREETS HIGHER
THAN OUR HOMES. 16. FDOT RECONSTRUCTION OF ALTON ROAD - TREES. 17.
DISCUSSION REGARDING THE EAST VENETIAN BASCULE BRIDGE. 18. DISCUSSION
REGARDING A TEMPORARY ART INSTALLATION, "ART IN MOTION" COMMUNITY PROJECT,
TO PROMOTE THE ARTWORK OF MIAMI BEACH SENIOR HIGH SCHOOL STUDENTS. 19.
DISCUSSION REGARDING A NO PANHANDLING ZONE ON LINCOLN ROAD. 20. DISCUSSION
REGARDING THE PLACEMENT OF SIGNS DISCOURAGING PANHANDLING. 21. DISCUSSION
REGARDING CITY SUPPORT FOR THE SOBE CATS SPAY & NEUTER, INC. TRAP, NEUTER,
RETURN (TNR) PROGRAM. 22. DISCUSSION REGARDING ALLOCATING MORE RESOURCES
FOR SPAYING AND NEUTERING CATS IN MIAMI BEACH. 23. DISCUSSION REGARDING THE
INSTALLATION OF LANDSCAPING BY THE MURANO AT PORTOFINO CONDOMINIUM ALONG
THE PUBLIC BAYWALK ADJACENT TO THE MIAMI BEACH MARINA. 24. DISCUSSION
REGARDING THE NORTH SHORE PARK TENNIS CENTER TEACHING PROFESSIONALS. 25.
DISCUSSION REGARDING EXTENDING THE MIAMI BEACH BOTANICAL GARDEN TO THE
COLLINS CANAL. 26. DISCUSSION REGARDING CONTRIBUTING FUNDS TO A REGIONAL
HYBRID SKATEPARK/PUMPTRACK INITIATIVE AT HAULOVER IN CONJUNCTION WITH
SUNNY ISLES BEACH, TOWN OF SURFSIDE, AND POSSIBLY BAL HARBOUR AND BAY
HARBOR ISLANDS. 27. DISCUSSION REGARDING THE CITY ENGAGING IN A TRAFFIC STUDY
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO SEE IF REMOVING THE
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1-95 EXPRESS LANES WILL IMPROVE THE FLOW OF TRAFFIC NORTHBOUND AND
WESTBOUND. 28. DISCUSSION REGARDING THE POSSIBILITY OF WRAPPING UTILITY
BOXES IN HIGH PEDESTRIAN AREAS. 29. DISCUSSION REGARDING THE BAYWALK AS
WELL AS THE OPENING, BUILDING AND FUNDING OF THE BAYWALK BEHIND THE SOUTH
BAY CLUB. 30. DISCUSSION REGARDING CONCERNS RELATED TO ROGUE BIKE SHARE
PROGRAMS.
Office of the City Manager
ACTION:
1. IMPROVEMENT OF AMENITIES IN SOUNDSCAPE PARK.
MOTION 1: Vote of acclamation to minimize impact of bathrooms.
MOTION 2: Vote of acclamation to direct staff to work out the cost of the concepts with New
World Symphony.
MOTION 3: Vote of acclamation to send a financial component to the FCWPC after development
of cost estimates.
2. PRESENTATION ON MAKING MIAMI BEACH A "CITY OF KINDNESS."
NO ACTION TAKEN
3. PLACEMENT OF FARAH SERVE EUE SPORTS EQUIPMENT THROUGHOUT THE CITY.
Deferred to the June 30, 2017 NCAC meeting.
4. BUMP -OUTS ON 40TH STREET.
NO ACTION TAKEN
5. OFFERING MIAMI BEACH AS A PILOT CITY FOR UBER SELF -DRIVING CARS.
MOTION: Vote of acclamation to join Miami Dade County's program for Uber self -driving cars.
DIRECTION: Come back to NCAC after more details are discovered of how everything will work.
6. LOWERING SPEED LIMITS/TRAFFIC CALMING IN RESIDENTIAL NEIGHBORHOODS.
NO ACTION TAKEN
7. CREATION OF A MIAMI BEACH HALL OF FAME AND ESTABLISHING CRITERIA
PLACEMENT AND SELECTION PROCESS.
DIRECTION: Defer to the June 30th NCAC meeting.
8. MAINTENANCE OF PUBLIC BATHROOMS CITYWIDE.
NO ACTION TAKEN
9. DISCUSSION REGARDING THE CITY OF MIAMI BEACH BRANDING -MUNICIPAL LOGO.
DIRECTION: Defer to the June 30, 3017 NCAC meeting.
10. RECONSIDER THE CITY'S USE OF BONDED AGGREGATE FOR TREE PITS.
NO ACTION TAKEN
11. ENHANCEMENTS TO THE PEDESTRIAN CROSSINGS ON VENETIAN WAY, FROM RIVO
ALTO TO SAN MARINO.
DIRECTION: Add this item to the capital budget process and provide a list of priorities from a
couple of months ago.
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12. PILOTLESS DRONE TAXIS.
DIRECTION: Come back when and if the technology becomes available and inform Vice -Mayor
Rosen Gonzalez, the sponsor of the item.
13. EXPLORE PLACING CAMERAS ON EVERY CORNER OF THE MXE DISTRICT AND ON THE
BEACHWALK, AND INSTALLING EMERGENCY ACTIVATION BOXES ALONG THE
BEACHWALK.
DIRECTION: Defer to the June 30, 2017 NCAC meeting.
14. ADDING PLAYGROUND EQUIPMENT ON THE NORTH SIDE OF THE NEW PUMP STATION
ON NORTH BAY ROAD AND 23RD STREET.
NO ACTION TAKEN.
15. TRAFFIC CALMING IMPROVEMENTS IN THE CENTRAL BAYSHORE NEIGHBORHOOD AND
DISCUSSION REGARDING RAISING STREETS HIGHER THAN OUR HOMES.
NO ACTION TAKEN.
16. FDOT RECONSTRUCTION OF ALTON ROAD - TREES.
DIRECTION: Come back to the June 30th NCAC meeting with results from the survey after
having the community meeting.
17. DISCUSSION REGARDING THE EAST VENETIAN BASCULE BRIDGE.
DIRECTION: Defer to June 30th NCAC meeting.
18. TEMPORARY ART INSTALLATION, "ART IN MOTION" COMMUNITY PROJECT, TO
PROMOTE THE ARTWORK OF MIAMI BEACH SENIOR HIGH SCHOOL STUDENTS.
MOTION: Commissioner Aleman motioned to put a resolution together for the July Commission
meeting pending FDOT's approval and pending a discussion with Art Basel. Commissioner Grieco
seconded.
19. DISCUSSION REGARDING A NO PANHANDLING ZONE ON LINCOLN ROAD.
DIRECTION: Deferred to the June 30, 2017 NCAC meeting.
20. DISCUSSION REGARDING THE PLACEMENT OF SIGNS DISCOURAGING PANHANDLING.
NO ACTION TAKEN.
21. CITY SUPPORT FOR THE SOBE CATS SPAY & NEUTER, INC. TRAP, NEUTER, RETURN
(TNR) PROGRAM.
MOTION: Vote of acclamation for Eric Carpenter and City staff to work with SoBe Cats and bring
the implications to FCWPC.
22. ALLOCATING MORE RESOURCES FOR SPAYING AND NEUTERING CATS IN MIAMI BEACH.
MOTION: Vote of acclamation to refer this item to FCWPC.
23. INSTALLATION OF LANDSCAPING BY THE MURANO AT PORTOFINO CONDOMINIUM
ALONG THE PUBLIC BAYWALK ADJACENT TO THE MIAMI BEACH MARINA.
DIRECTION: Deferred to the June 30, 2017 NCAC meeting.
24. NORTH SHORE PARK TENNIS CENTER TEACHING PROFESSIONALS.
MOTION: Commissioner Aleman motioned to move this to the FCWPC and the Parks and
Recreation Department to bring some operating models with financial implications, which can be
talked about at the FCWPC to consider it as part of the budgeting process. Vote of acclamation.
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25. EXTENDING THE MIAMI BEACH BOTANICAL GARDEN TO THE COLLINS CANAL.
MOTION: Vote of acclamation to refer this item to the FCWPC to discuss changing the area
between the seawall and the Botanical Garden entrance in regards to any budget impacts.
26. CONTRIBUTING FUNDS TO A REGIONAL HYBRID SKATEPARK/PUMPTRACK INITIATIVE AT
HAULOVER IN CONJUNCTION WITH SUNNY ISLES BEACH, TOWN OF SURFSIDE, AND
POSSIBLY BAL HARBOUR AND BAY HARBOR ISLANDS.
MOTION: Vote of acclamation to send this back to Commission with a favorable recommendation.
27. CITY ENGAGING IN A TRAFFIC STUDY WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) TO SEE IF REMOVING THE 1-95 EXPRESS LANES WILL
IMPROVE THE FLOW OF TRAFFIC NORTHBOUND AND WESTBOUND.
DIRECTION: Come back to the June 30, 2017 NCAC meeting.
28. POSSIBILITY OF WRAPPING UTILITY BOXES IN HIGH PEDESTRIAN AREAS.
DIRECTION: Eric Carpenter and Commissioner Steinberg will sit down and discuss this further
and they will come back with the item if necessary.
29. BAYWALK AS WELL AS THE OPENING, BUILDING AND FUNDING OF THE BAYWALK
BEHIND THE SOUTH BAY CLUB.
MOTION: Vote of acclamation to move forward with the funding of the Baywalk.
30. DISCUSSION REGARDING CONCERNS RELATED TO ROGUE BIKE SHARE PROGRAMS.
NO ACTION TAKEN.
SUPPLEMENTAL MATERIAL 3: MEMORANDUM
C6 D REPORT OF THE MAY 19, 2017 FINANCE AND CITYWIDE PROJECTS COMMITTEE: 1.
DISCUSSION REGARDING PROPOSED INTERCEPTOR GARAGE AT 1623 WEST AVENUE
(LOT NO. P23). 2. DISCUSSION REGARDING A SKATE PARK/PARKING STRUCTURE AT 72ND
STREET PARKING LOT (P92). 3. DISCUSSION REGARDING A POTENTIAL LEASE WITH THE
VENTURE CITY FOR COMMERCIAL SPACE LOCATED AT 1661 PENNSYLVANIA AVENUE. 4.
DISCUSSION REGARDING THE FEES CHARGES TO DEVELOPERS TO APPEAR BEFORE THE
CITY'S LAND USE BOARDS. 5. DISCUSSION REGARDING THE LIVING WAGE RATES FOR
FISCAL YEAR 20172018, IN ACCORDANCE WITH CHAPTER 2, ARTICLE VI, DIVISION 6,
SECTION 2-408, OF THE CITY CODE. 6. DISCUSSION REGARDING A RESOLUTION
APPROVING THE CITY'S SPONSORSHIP OF THE NATIONALLY AND INTERNATIONALLY
TELEVISED 2017 WORLD FOOTVOLLEY CLASSIC, TO BE HELD IN THE CITY OF MIAMI
BEACH. 7. DISCUSSION REGARDING CONTRIBUTING FUNDS TO A REGIONAL HYBRID
SKATEPARK/PUMPTRACK INITIATIVE AT HAULOVER IN CONJUNCTION WITH SUNNY ISLES
BEACH, TOWN OF SURFSIDE, AND POSSIBLY BAL HARBOUR AND BAY HARBOR ISLANDS. 8.
DISCUSSION ON PERFORMING A GAP ASSESSMENT REGARDING THE ENERGOV
PERMITTING SYSTEM. 9. DISCUSSION REGARDING THE BAYWALK AS WELL AS THE
OPENING, BUILDING AND FUNDING OF THE BAYWALK BEHIND THE SOUTH BAY CLUB. 10.
DISCUSSION REGARDING THE MIDYEAR REQUEST FOR TWO NEW POSITIONS IN THE
FINANCE DEPARTMENT AND DISCUSSION REGARDING PATTERNSTREAM SOFTWARE FOR
THE OFFICE OF BUDGET AND PERFORMANCE IMPROVEMENT. 11. DISCUSSION
REGARDING THE PREPARATION OF A BUDGET ITEM REQUEST FOR CONSIDERATION IN
THE FISCAL YEAR 2018 BUDGET PROCESS FOR THE DESIGN OF A PARKING GARAGE
STRUCTURE, AND A NEW RECREATIONAL PARK WITH A SKATE PARK AND COMMUNITY
USE SPACE, AT THE 72ND STREET PARKING LOT SITE BETWEEN 72ND AND 73RD STREETS
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AND BETWEEN COLLINS AND HARDING AVENUES. 12. DISCUSSION REGARDING
POTENTIAL FINANCIAL INCENTIVES FOR MIAMI BEACH TO SUPPORT THE FILM AND
TELEVISION INDUSTRY ON A LOCAL LEVEL. 13. DISCUSSION TO EXPLORE A LEASE TO
BRING THE WYNWOOD YARD CONCEPT TO NORTH BEACH. 14. DISCUSSION REGARDING
FUTURE USES OR THE POTENTIAL SALE OF VACANT CITY -OWNED LAND LOCATED AT 226
87TH TERRACE. 15. DISCUSS ENGAGING IN A PILOT PROGRAM WITH A COST REDUCTION
CONSULTANT. 16. DISCUSSION REGARDING THE MAINTENANCE OF PUBLIC BATHROOMS
CITYWIDE. 17. DISCUSS THE KEY DEVELOPMENT PARAMETERS FOR THE BARCLAY PLAZA
APARTMENTS WORKFORCE HOUSING PROJECT. 18. DISCUSSION TO EXPLORE PLACING
CAMERAS ON EVERY CORNER OF THE MXE (MIXED USED ENTERTAINMENT) DISTRICT
AND ON THE BEACHWALK, AND INSTALLING EMERGENCY ACTIVATION BOXES ALONG THE
BEACHWALK. 19. DISCUSSION REGARDING THE NORTH BEACH TOWN CENTER
REDEVELOPMENT PROPOSAL, INVOLVING CITY -OWNED PARKING LOTS, MADE BY NORTH
BEACH TOWN CENTER DEVELOPMENT, LLC, AN AFFILIATE OF PACIFIC START CAPITAL,
LLC. 20. DISCUSSION REGARDING A SPONSORSHIP AGREEMENT WITH MIAMI DESIGN
PRESERVATION LEAGUE (MDPL), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND
THE CITY MANAGER, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND
DOLLARS ($100,000), IN SUPPORT OF THE 2018 ART DECO WEEKEND. 21. DISCUSSION
REGARDING THE WAIVER OF RENTAL FEES FOR HALLS A, B, C, D, AND ADJACENT
MEETING ROOMS AT THE MIAMI BEACH CONVENTION CENTER FOR THE NATIONAL
FOOTBALL LEAGUE (NFL) AND SPONSORSHIP FOR THE 2020 SUPER BOWL LIV. 22.
DISCUSSION REGARDING THE POTENTIAL IMPACT OF HIGHER HOMESTEAD EXEMPTIONS
ON PROPERTY TAX REVENUE FOR MIAMI BEACH. 23. DISCUSSION REGARDING THE CITY
CLERK RAFAEL E. GRANADO'S ANNUAL PERFORMANCE EVALUATION. 24. DISCUSSION
REGARDING THE CITY ATTORNEY RAUL J. AGUILA'S ANNUAL PERFORMANCE
EVALUATION.
Finance
ACTION:
1. PROPOSED INTERCEPTOR GARAGE AT 1623 WEST AVENUE (LOT NO. P23).
MOTION: Vote of acclamation to move forward with Commission direction from Wednesday's
Commission meeting and take the pedestrian bridge concept off the table.
City Clerk's Note: See Item C7 J.
2. A SKATE PARK/PARKING STRUCTURE AT 72ND STREET PARKING LOT (P92).
NO ACTION TAKEN
3. A POTENTIAL LEASE WITH THE VENTURE CITY FOR COMMERCIAL SPACE LOCATED AT
1661 PENNSYLVANIA AVENUE.
MOTION: Vote of acclamation to send this back to Commission with no recommendation and
direct staff to identify other possible locations that can be considered.
4. DISCUSSION REGARDING THE FEES CHARGES TO DEVELOPERS TO APPEAR BEFORE
THE CITY'S LAND USE BOARDS.
DIRECTION: Come back to the next or following FCWPC meeting with some grids and ideas to
consider for this item.
5. THE LIVING WAGE RATES FOR FISCAL YEAR 20172018, IN ACCORDANCE WITH CHAPTER
2, ARTICLE VI, DIVISION 6, SECTION 2-408, OF THE CITY CODE.
DIRECTION: item deferred to the June 16 Finance & Citywide projects Committee. Alex Dennis
will provide additional figures comparison for Miami -Dade County and other municipalities.
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6. A RESOLUTION APPROVING THE CITY'S SPONSORSHIP OF THE NATIONALLY AND
INTERNATIONALLY TELEVISED 2017 WORLD FOOTVOLLEY CLASSIC, TO BE HELD IN THE
CITY OF MIAMI BEACH.
DIRECTION: Item moved; Tameka Otto Stewart to find the funding for this event.
7. CONTRIBUTING FUNDS TO A REGIONAL HYBRID SKATEPARK/PUMPTRACK INITIATIVE AT
HAULOVER IN CONJUNCTION WITH SUNNY ISLES BEACH, TOWN OF SURFSIDE, AND
POSSIBLY BAL HARBOUR AND BAY HARBOR ISLANDS.
DIRECTION: Come to the June 7th Commission Meeting with a resolution stating that the City of
Miami Beach will give up with $50,000 to this project in Haulover.
8. PERFORMING A GAP ASSESSMENT REGARDING THE ENERGOV PERMITTING SYSTEM.
DIRECTION: Motion made by Commissioner Arriola to have this as a standing agenda item and
report on it on a monthly basis.
9. THE BAYWALK AS WELL AS THE OPENING, BUILDING AND FUNDING OF THE BAYWALK
BEHIND THE SOUTH BAY CLUB.
MOTION: Commissioner Aleman motioned to include the 3 pieces of the Baywalk in the capital
budget process to complete the entire Baywalk. Commissioner Arriola seconded.
10. DISCUSSION REGARDING THE MIDYEAR REQUEST FOR TWO NEW POSITIONS IN THE
FINANCE DEPARTMENT AND DISCUSSION REGARDING PATTERNSTREAM SOFTWARE
FOR THE OFFICE OF BUDGET AND PERFORMANCE IMPROVEMENT.
MOTION: Commissioner Aleman made a motion to move the item, seconded by Commissioner
Arriola.
DIRECTION: Forward item to Commission for approval with additional information regarding the
selection of PatternStream software.
11. DISCUSSION REGARDING THE PREPARATION OF A BUDGET ITEM REQUEST FOR
CONSIDERATION IN THE FISCAL YEAR 2018 BUDGET PROCESS FOR THE DESIGN OF A
PARKING GARAGE STRUCTURE, AND A NEW RECREATIONAL PARK WITH A SKATE PARK
AND COMMUNITY USE SPACE, AT THE 72ND STREET PARKING LOT SITE BETWEEN 72ND
AND 73RD STREETS AND BETWEEN COLLINS AND HARDING AVENUES.
DIRECTION: Move forward with item.
12. DISCUSSION REGARDING POTENTIAL FINANCIAL INCENTIVES FOR MIAMI BEACH TO
SUPPORT THE FILM AND TELEVISION INDUSTRY ON A LOCAL LEVEL.
MOTION: Commissioner Aleman made a motion to move the 100,000, supported by
Commissioner Arriola.
13. DISCUSSION TO EXPLORE A LEASE TO BRING THE WYNWOOD YARD CONCEPT TO
NORTH BEACH.
AFTER -ACTION
Eva Silverstein stated that the City will have a community outreach event on June 8, at 6:30 pm
at the North Shore Community Center. They will begin very quickly noticing the Community,
residents, the adjacent properties etc., working with Wynwood Yard soon to be North Beach
Yard. Commissioner Aleman asked if it will be affected by the last day of school, and suggested
inviting students.
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14. DISCUSSION REGARDING FUTURE USES OR THE POTENTIAL SALE OF VACANT CITY -
OWNED LAND LOCATED AT 226 87TH TERRACE.
DIRECTION: Item deferred.
15. DISCUSS ENGAGING IN A PILOT PROGRAM WITH A COST REDUCTION CONSULTANT.
DIRECTION: Item deferred.
16. DISCUSSION REGARDING THE MAINTENANCE OF PUBLIC BATHROOMS CITYWIDE.
DIRECTION: Item deferred.
17. DISCUSS THE KEY DEVELOPMENT PARAMETERS FOR THE BARCLAY PLAZA
APARTMENTS WORKFORCE HOUSING PROJECT.
DIRECTION: Item deferred.
18. EXPLORE PLACING CAMERAS ON EVERY CORNER OF THE MXE (MIXED USED
ENTERTAINMENT) DISTRICT AND ON THE BEACHWALK, AND INSTALLING EMERGENCY
ACTIVATION BOXES ALONG THE BEACHWALK.
DIRECTION: Item deferred.
19. NORTH BEACH TOWN CENTER REDEVELOPMENT PROPOSAL, INVOLVING CITY -OWNED
PARKING LOTS, MADE BY NORTH BEACH TOWN CENTER DEVELOPMENT, LLC, AN
AFFILIATE OF PACIFIC START CAPITAL, LLC.
DIRECTION: Item deferred.
20. SPONSORSHIP AGREEMENT WITH MIAMI DESIGN PRESERVATION LEAGUE (MDPL) RE:
SUPPORT OF THE 2018 ART DECO WEEKEND.
DIRECTION: Motion made by Commissioner Aleman to consider as part of the budget process,
seconded by Commissioner Arriola.
21. WAIVER OF RENTAL FEES FOR HALLS A, B, C, D, AND ADJACENT MEETING ROOMS AT
THE MBCC FOR THE NATIONAL FOOTBALL LEAGUE (NFL) AND SPONSORSHIP FOR THE
2020 SUPER BOWL LIV.
Motion: Commissioner Arriola made a motion to approve and move the item, seconded by
Commissioner Aleman.
22. POTENTIAL IMPACT OF HIGHER HOMESTEAD EXEMPTIONS ON PROPERTY TAX
REVENUE FOR MIAMI BEACH.
DIRECTION: Item moved.
23. CITY CLERK RAFAEL E. GRANADO'S ANNUAL PERFORMANCE EVALUATION.
DIRECTION: Commissioner Arriola will meet with Rafael E. Granado in the next few weeks.
24. CITY ATTORNEY RAUL J. AGUILA'S ANNUAL PERFORMANCE EVALUATION.
DIRECTION: Commissioner Arriola will meet with Raul J. Aguila in the next few weeks.
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C7 - Resolutions
C7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ELECTING COMMISSIONER RICKY ARRIOLA, GROUP V, AS VICE -MAYOR, FOR A
TERM COMMENCING ON JULY 1, 2017 AND TERMINATING ON OCTOBER 31, 2017.
Office of the City Clerk
ACTION: Resolution 2017-29875 adopted. Rafael E. Granado to handle.
C7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ADOPTING THE CITY'S ONE-YEAR ACTION PLAN FOR FEDERAL FUNDS FOR FY
2017/2018, WHICH INCLUDES THE BUDGETS FOR THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM AND THE HOME INVESTMENT PARTNERSHIPS (HOME)
PROGRAM; AUTHORIZING THE CITY MANAGER TO: (1) EXECUTE ALL APPLICABLE
DOCUMENTS RELATED TO THE APPROPRIATION AND ALLOCATION OF THESE PROGRAM
FUNDS; (2) SUBMIT THE ONE-YEAR ACTION PLAN TO THE U. S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD); (3) MAKE MINOR NON -SUBSTANTIAL CHANGES TO THE
ONE-YEAR ACTION PLAN OR THE CONSOLIDATED FIVE-YEAR PLAN, OR THE RESULTING
AGREEMENTS (WHICH DO NOT AFFECT THE PURPOSE, SCOPE, APPROVED BUDGET
AND/OR INTENT OF THE PLANS); AND (4) EXTEND THE EXPIRATION DATES OF SAID
AGREEMENTS WHEN NECESSARY; AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AGREEMENTS FOR SUB -RECIPIENTS OF CDBG AND HOME PROGRAM FUNDS;
AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE CITY
INTERDEPARTMENTAL AGREEMENTS FOR RECIPIENTS OF CDBG AND HOME PROGRAM
FUNDS.
Housing and Community Services
ACTION: Resolution 2017-29876 adopted. Maria Ruiz to handle.
C7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO
THE AWARD OF BIDS, PURSUANT TO INVITATION TO BID (ITB) NO. 2017 -143 -ZD FOR LOWER
NORTH BAY ROAD LIGHTING; AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH HORSEPOWER ELECTRIC, INC., AS THE SOLE RESPONSIVE AND
RESPONSIBLE BIDDER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH HORSEPOWER ELECTRIC, INC. UPON CONCLUSION OF
SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
Capital Improvement Projects/Procurement
ACTION: Item deferred to the July 26, 2017 Commission Meeting. Lilia Cardillo to place on the
Commission Agenda, if received. David Martinez and Alex Denis to handle.
Clerk's Note: Pursuant to an email from Kristy Bada, Contracting Officer III, Procurement
Department, dated June 16, 2017 at 10:20 a.m., Item C7 C will be withdrawn in its entirety from the
July 26, 2017 Commission meeting. The City will be rejecting all bids, with the City Manager's
approval.
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Handouts or Reference Materials:
1. Email from Bada, Kristy; Sent: Friday, June 16, 2017 10:20 a.m.; to Rafael E. Granado, Subject July 26,
2017 Commission Meeting.
C7 D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA ("CITY"), ADOPTING AND TRANSMITTING TO THE MIAMI-DADE COUNTY BOARD OF
COUNTY COMMISSIONERS, PURSUANT TO MIAMI-DADE COUNTY ORDINANCE NO. 16-138,
THE CITY'S LEGISLATIVE FINDINGS REGARDING THE PRACTICALITY OF PROVIDING
WORKFORCE HOUSING WITHIN THE CITY'S TERRITORIAL JURISDICTION, AND
TRANSMITTING TO THE COUNTY THE CITY'S INTENT TO DEVELOP ITS OWN VOLUNTARY
WORKFORCE HOUSING DEVELOPMENT PROGRAM RELIANT ON THE CITY'S LEGISLATIVE
FINDINGS.
Housing and Community Services
ACTION: Resolution 2017-29877 adopted. Maria Ruiz to handle.
C7 E A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO DONATE TO HABITAT
FOR HUMANITY, A NON-PROFIT AFFORDABLE HOUSING DEVELOPER, NINE (9) HVAC UNITS
AND NINE (9) ROOFTOP COMPRESSORS THAT HAVE BEEN DECLARED SURPLUS FROM
THE LOTTIE APARTMENTS, A PROJECT ASSISTED WITH U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) FUNDS.
Housing and Community Services
ACTION: Resolution 2017-29878 adopted. Maria Ruiz to handle.
C7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, PURSUANT TO SECTION 82-93(a), OF THE CITY CODE, SETTING A PUBLIC
HEARING FOR JULY 26, 2017, TO CONSIDER APPROVING A REVOCABLE PERMIT REQUEST
BY 901 ALTON ROAD, INC., TO ALLOW THE REMOVAL AND REPLACEMENT OF THE
EXISTING STAIRCASE (25'-6" x 5'-10") WITH A NEW STAIRCASE (28'-6" x 5'-6") FOR THE
SERVICE WINDOW AT THE SAME LOCATION ON 9TH STREET; AND RELOCATION OF THE
EXISTING ADA ACCESS RAMP (23'-9" x 7'111 EAST OF THE STAIRCASE, WITH A NEW
ACCESS RAMP OF THE SAME DIMENSIONS, ALL WITHIN THE PUBLIC RIGHT-OF-WAY, TO
IMPROVE PUBLIC ACCESSIBILITY TO THE CAFE.
Public Works
ACTION: Resolution 2017-29879 adopted. Public Hearing schedule for July 26, 2017. Rafael E.
Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Eric Carpenter to
handle.
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C7 G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE
A LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA), ATTACHED AS
EXHIBIT 1, BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT), WHICH WOULD CONVEY FULL LANDSCAPE MAINTENANCE RESPONSIBILITIES TO
THE CITY, FOR THE ENHANCED LANDSCAPING ON SOUTHBOUND AND NORTHBOUND SR-
A1A (COLLINS AVENUE & INDIAN CREEK DRIVE), BETWEEN 32ND STREET AND 35TH
STREET WITHIN THE FAENA DISTRICT; AND THE OWNERS OF 3201, 3315, 3400, 3420, 3425
AND 3500 COLLINS AVENUE AND 3301 INDIAN CREEK DRIVE (THE "PROPERTY OWNERS"),
AND HAVE ALREADY EXECUTED AN AMENDED DECLARATION OF RESTRICTIVE
COVENANTS, ATTACHED HERETO AS EXHIBIT 2, WHICH COVENANT TRANSFERS
RESPONSIBILITY TO THE ADJACENT PROPERTY OWNER OF THE LANDSCAPING
IMPROVEMENTS AND MAINTENANCE COSTS ASSOCIATED WITH THE MMOA.
Public Works
ACTION: Resolution 2017-29880 adopted. Eric Carpenter to handle.
C7 H A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO
REQUEST FOR PROPOSALS (RFP) 2017 -002 -JC FOR EMERGENCY MEDICAL TRANSPORT
BILLING AND COLLECTION SERVICES.
Fire/Procurement
ACTION: Item deferred to the July 26, 2017 Commission Meeting. Lilia Cardillo to place on the
Commission Agenda, if received. Chief Virgilio Fernandez and Alex Denis to handle.
C7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO
REQUEST FOR QUALIFICATIONS (RFQ) NO. 2017 -028 -KB, FOR PROFESSIONAL
CONSTRUCTION ENGINEERING AND INSPECTION (CEI) FIRMS TO PROVIDE VARIOUS CEI
SERVICES ON AN "AS NEEDED" BASIS; AUTHORIZING THE ADMINISTRATION TO ESTABLISH
A POOL OF PRE -QUALIFIED CONSULTANTS FOR SPECIFIC TASKS RELATING TO
CONSTRUCTION ENGINEERING AND INSPECTION SERVICES, ON AN "AS NEEDED" BASIS;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH EAC
CONSULTING, INC., AS THE FIRST RANKED PROPOSER; STANTEC CONSULTING SERVICES,
INC., AS THE SECOND RANKED PROPOSER; A&P CONSULTING TRANSPORTATION
ENGINEERS CORP., AS THE THIRD RANKED PROPOSER; PARSONS BRINCKERHOFF, INC.,
AS THE FOURTH RANKED PROPOSER; AND CALVIN, GIORDANO & ASSOCIATES, INC., AS
THE FIFTH RANKED PROPOSER; AND FURTHER AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AGREEMENTS WITH EACH OF THE FOREGOING PROPOSERS UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
Public Works/Capital Improvement Projects/Procurement
ACTION: Resolution 2017-29881 adopted. Eric Carpenter, David Martinez and Alex Denis to
handle.
Page 22 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
C7 J
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER GRANTING THREE (3) WAIVERS OF
CERTAIN DEVELOPMENT REGULATIONS, BY A 5/7TH VOTE OF THE CITY COMMISSION,
AFTER PUBLIC HEARING, PURSUANT TO SECTION 142-425(d), OF THE LAND
DEVELOPMENT REGULATIONS (LDR), FOR THE NEW PARKING GARAGE TO BE
CONSTRUCTED AT THE P-23 SURFACE PARKING LOT, LOCATED AT 1623 WEST AVENUE,
WHICH REQUEST CONSISTS OF: 1) A WAIVER OF SECTION 142-156(a), OF THE LDR, IN
ORDER TO REDUCE THE MINIMUM FRONT SETBACK (WEST SIDE) ALONG WEST AVENUE;
TO REDUCE THE SIDE SETBACK ALONG THE NORTH SIDE OF THE PARKING LOT; AND TO
REDUCE THE REAR SETBACK ALONG THE EAST SIDE OF THE PARKING LOT, ALONG
ALTON COURT; 2) A WAIVER OF SECTION 142-155(b) OF THE LDR, IN ORDER TO INCREASE
THE MAXIMUM BUILDING HEIGHT FROM 50 FEET TO 75 FEET; AND 3) WAIVER OF SECTION
142156(b)(1), OF THE LDR, IN ORDER TO PROVIDE RETAIL USES AT THE FIRST LEVEL OF
THE GARAGE, FRONTING WEST AVENUE.
Capital Improvement Projects
ACTION: Resolution 2017-29882 adopted. Public Hearing schedule for July 26, 2017. Rafael E.
Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. David Martinez to
handle.
C7 K A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AMENDMENTS TO THE FILM & PRINT REQUIREMENTS AND
GUIDELINES IN SECTION V, PARAGRAPH F, ENTITLED "STREET/ LANE CLOSURES," TO
MODIFY THE REQUIREMENTS FOR THE SIGNED LETTER OF NO OBJECTION FOR FILM &
PRINT PRODUCTIONS TO CLOSE A LANE OR STREET; IN SECTION V, PARAGRAPH I,
ENTITLED "PARKING," TO MODIFY THE REQUIREMENTS FOR METERED PARKING
RENTAL(S) FOR FILM & PRINT PRODUCTIONS; IN SECTION VI, PARAGRAPHS C AND D,
ENTITLED "NOTIFICATION FORMS/REQUIREMENTS," AND "SIGNATURE LETTERS OF NO
OBJECTION; REQUIREMENTS," TO REDUCE THE REQUIRED RADIUS FOR SIGNED
CONSENT; AND, IN SECTION XV, ENTITLED "MIAMI BEACH PRODUCTION INCENTIVES
PROGRAM" TO AMEND "BEACH ACCESS" AND "PRODUCTION COMPANY MOBILE UNIT
(PCRV) PERMIT" REQUIREMENTS AND TO ESTABLISH PROVISIONS FOR "DISCOUNTED
PRODUCTION CREW PARKING AT MUNICIPAL LOTS AND GARAGES."
Deferred from May 17, 2017 - C7 J
Tourism, Culture and Economic Development
Mayor Philip Levine and Commissioner Michael Grieco
ACTION: Resolution 2017-29883 adopted. Eva Silverstein to handle.
C7 L A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE AT ITS MAY 19, 2017 MEETING AND DIRECTING THE CITY
ADMINISTRATION TO CONDUCT FURTHER RESEARCH REGARDING PUBLISHING
SOFTWARE OPTIONS FOR CONSIDERATION BY THE CITY COMMISSION DURING THE FY
2017/18 BUDGET PROCESS, AND AUTHORIZING THE ADDITION OF TWO NEW POSITIONS IN
THE FINANCE DEPARTMENT, SUBJECT TO BUDGET APPROVAL.
Budget and Performance Improvement
ACTION: Resolution 2017-29884 adopted. Tameka Otto Stewart to handle.
Page 23 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
C7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE AT IT'S MAY 19, 2017 MEETING TO PURSUE THE GOAL OF
FOCUSING ON FUNDING ONE-TIME ENHANCEMENTS AND SETTING ASIDE A RESERVE IN
THE FY 2017/18 GENERAL FUND OPERATING BUDGET IN ORDER TO PREPARE FOR THE
POTENTIAL IMPACT OF HIGHER HOMESTEAD EXEMPTIONS ON THE PROPERTY TAX
REVENUES FOR THE CITY OF MIAMI BEACH.
Budget and Performance Improvement
ACTION: Resolution 2017-29885 adopted. Tameka Otto Stewart to handle.
C7 N A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
APPLY FOR, ACCEPT, AND APPROPRIATE FUNDING (INCLUDING MATCHING FUNDS AND
ANY RELATED CITY EXPENSES), AND EXECUTE ANY AND ALL DOCUMENTS OR
AGREEMENTS IN CONNECTION WITH THE FOLLOWING GRANTS AND AGREEMENTS: 1)
FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, SPECIAL
CATEGORY GRANTS PROGRAM, IN THE APPROXIMATE AMOUNT OF $150,000 FOR THE
RESTORATION OF THE 28TH STREET OBELISK, PHASE 2; 2) FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT), TRANSIT SERVICE DEVELOPMENT GRANT PROGRAM, IN THE
APPROXIMATE AMOUNT OF $500,000 FOR THE MIDDLE BEACH TROLLEY AND, 3)
APPROVAL TO PARTNER WITH THE UNIVERSITY OF FLORIDA ON A GRANT PROPOSAL TO
FLORIDA SEA GRANT FOR FUNDING IN THE APPROXIMATE AMOUNT OF $200,000 FOR A
STORM SURGE VULNERABILITY ASSESSMENT AND INFRASTRUCTURE ADAPTATION
PROJECT OF MIAMI BEACH AND BISCAYNE BAY; 4) US DEPARTMENT OF
TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, ADVANCED TRANSPORTATION
AND CONGESTION MANAGEMENT TECHNOLOGIES DEPLOYMENT INITIATIVE GRANT
PROGRAM, IN THE APPROXIMATE AMOUNT OF $4.8 MILLION FOR THE INTELLIGENT
TRANSPORTATION SYSTEM AND PARKING MANAGEMENT SYSTEM.
Budget and Performance Improvement
ACTION: Resolution 2017-29886 adopted. Tameka Otto Stewart to handle.
C7 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT,
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE SERVICE AGREEMENT
WITH PRO SOUND, INC., IN A FORM ACCEPTABLE TO THE CITY MANAGER AND THE CITY
ATTORNEY, FOR A THREE (3) YEAR TERM, IN AN AMOUNT NOT TO EXCEED $130,740, TO
MAINTAIN THE SOUND SYSTEM AT SOUNDSCAPE PARK.
Parks and Recreation
ACTION: Resolution 2017-29887 adopted. John Rebar to handle.
Page 24 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
C7 P
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ADDENDUM TO THE JANUARY 30, 2015 CONSENT AGREEMENT WITH MIAMI-DADE
COUNTY'S DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES, DIVISION OF
ENVIRONMENTAL RESOURCES MANAGEMENT, IN A FORM ACCEPTABLE TO THE CITY
MANAGER AND THE CITY ATTORNEY, TO POSTPONE THE REMEDIATION OF AN EXISTING
HYDROCARBON DISCHARGE AT THE FLEET MAINTENANCE FACILITY LOCATED IN THE
VICINITY OF 140 MACARTHUR CAUSEWAY FOR AN ADDITIONAL TWENTY-FOUR (24)
MONTHS, FOR A TOTAL OF FIFTY-FOUR (54) MONTHS FROM THE CONSENT AGREEMENT'S
EFFECTIVE DATE.
Environment and Sustainability
ACTION: Resolution 2017-29888 adopted. Margarita Wells to handle.
10:52:32 a.m.
SUPPLEMENTAL MATERIAL 1: MEMORANDUM
C7 Q A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE FINANCE AND CITYWIDE
PROJECT COMMITTEE AT ITS MEETING ON MAY 19, 2017 AND AUTHORIZING THE
FOLLOWING IN CONNECTION WITH THE 2020 SUPER BOWL LIV, TO BE HELD IN SOUTH
FLORIDA FROM JANUARY 18 THROUGH FEBRUARY 6, 2020 ("THE EVENT"): THE WAIVER OF
RENTAL FEES FOR HALLS A, B, C, D, AND ADJACENT MEETING ROOMS AT THE MIAMI
BEACH CONVENTION CENTER, IN AN AMOUNT NOT TO EXCEED $857,540.80; CITY
SPONSORSHIP OF THE 2020 SUPER BOWL LIV, IN AN AMOUNT NOT TO EXCEED $150,000,
WITH A SPONSORSHIP AGREEMENT IN A FORM ACCEPTABLE TO THE CITY MANAGER AND
CITY ATTORNEY; AND, ALL FUNDS SHALL BE SUBJECT TO APPROVAL AND
APPROPRIATION VIA THE FY 2017/18 BUDGET PROCESS.
C7 R
Tourism, Culture and Economic Development
ACTION: Resolution 2017-29889 adopted. Eva Silverstein to handle.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE AT ITS MAY 19, 2017 MEETING APPROVING THE CONTRIBUTION OF
FUNDS FOR UP TO $50,000; AND ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS MAY 19, 2017 MEETING
APPROVING THE CONTRIBUTION OF FUNDS TO THE REGIONAL HYBRID
SKATEPARK/PUMPTRACK INITIATIVE AT HAULOVER IN CONJUNCTION WITH SUNNY ISLES
BEACH, TOWN OF SURFSIDE, AND POSSIBLY BAL HARBOUR AND BAY HARBOR ISLANDS.
Parks and Recreation
ACTION: Resolution 2017-29890 adopted. John Rebar to handle.
Page 25 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
C7 S A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE TO NOT PROCEED WITH THE PROJECT INVOLVING THE
INSTALLATION OF A PEDESTRIAN BRIDGE CONNECTION FROM THE APPROVED
INTERCEPTOR CITY PARKING GARAGE, LOCATED AT 1623 WEST AVENUE, TO THE
PARKING GARAGE DEVELOPED BY CRESCENT HEIGHTS, LOCATED AT 1600 ALTON ROAD.
Parking
ACTION: Resolution 2017-29891 adopted. Saul Frances to handle.
C7 T A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE, AN INTERLOCAL AGREEMENT
BETWEEN ALL CO -PERMITTEES NAMED IN NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM PERMIT NO. FLS000003 AND MIAMI-DADE COUNTY PROVIDING FOR
PERFORMANCE OF PROFESSIONAL SERVICES BY MIAMI-DADE COUNTY; AND ALSO, AS
BETWEEN ALL CO -PERMITTEES, PROVIDING FOR IDENTIFICATION AND CONTROL OF
POLLUTANT DISCHARGES IN SHARED MUNICIPAL STORM SEWER SYSTEMS; AND,
FURTHER, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE CHANGES TO
THE SELECTION OF ACTIVITY PARTICIPATION BY CO- PERMITTEES.
Environment and Sustainability
ACTION: Resolution 2017-29892 adopted. Margarita Wells to handle.
C7 U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A SPONSORSHIP AGREEMENT WITH MIAMI DESIGN PRESERVATION LEAGUE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY AND THE CITY MANAGER, IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), IN CONNECTION WITH THE 2018
ART DECO WEEKEND, AND SUBJECT TO BUDGETARY APPROVAL FOR FY 2017/2018.
Tourism, Culture and Economic Development
Vice -Mayor Kristen Rosen Gonzalez
ACTION: Resolution 2017-29893 adopted. Eva Silverstein to handle.
SUPPLEMENTAL MATERIAL 2: RESOLUTION
C7 V A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, RESPECTFULLY REQUESTING MIAMI-DADE COUNTY MAYOR CARLOS GIMENEZ
TO PROVIDE A TOWN HALL WORKSHOP IN THE CITY OF MIAMI BEACH OR IN EAST MIAMI-
DADE COUNTY, IN ADDITION TO THE TOWN HALL WORKSHOPS TO BE HELD IN OTHER
AREAS OF THE COUNTY, FOR COMMUNITY INPUT ON THE EVALUATION AND APPRAISAL
REPORT ON THE COUNTY'S COMPREHENSIVE DEVELOPMENT MASTER PLAN, A GROWTH
BLUEPRINT THAT INCLUDES THE URBAN DEVELOPMENT BOUNDARY.
Office of the City Attorney
Vice -Mayor Kristen Rosen Gonzalez
ACTION: Resolution 2017-29894 adopted. Marcia Monserrat to handle.
Page 26 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
ADDENDUM MATERIAL 1
C7 W A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT, TO THE LOWEST
RESPONSIVE, RESPONSIBLE BIDDER, PURSUANT TO INVITATION TO BID (ITB) 2017 -259 -ND,
FOR A LIGHTING SYSTEM REPLACEMENT AT LUMMUS PARK.
Public Works/Procurement
Commissioner Ricky Arriola
ACTION: Resolution 2017-29895 adopted. Eric Carpenter and Alex Denis to handle.
10:34:48 a.m.
ADDENDUM MATERIAL 1
C7 X RESOLUTION TO CHANGE THE PLAYGROUND SURFACE AT ALLISON PARK FROM
ENGINEERED WOOD FIBER TO A POURED IN PLACE RUBBERIZED SURFACE.
RESOLUTION TO CHANGE THE PLAYGROUND SURFACE AT ALLISON PARK FROM
ENGINEERED WOOD FIBER TO A POURED -IN-PLACE RUBBERIZED SURFACE; ADD MORE
LANDSCAPING TO THE PARK; AND NOT TO OPEN THE PARK TO THE PUBLIC UNTIL THESE
CHANGES HAVE BEEN MADE.
Commissioner John Elizabeth Aleman and Co -Sponsored by Commissioner Ricky Arriola
ACTION: Resolution 2017-29896 adopted as amended. Item separated by Commissioner
Aleman. Motion made by Commissioner Grieco to replace the mulch with a poured -in-place
rubberized surface, add more landscaping, and only open the park once these changes have taken
place; seconded by Commissioner Arriola. Voice vote: 7-0. John Rebar and David Martinez to
handle.
MOTION 1:
Commissioner Aleman moved to replace the mulch with a rubberized surface with a color that
matches the natural beach environment with the addition of new landscaping throughout the park,
open the accessible areas of the park, and to reserve all ceremonial activities until after the park is
finished; seconded by Commissioner Malakoff. Voice -vote passed: 7-0.
MOTION 2 (FINAL MOTION)
Motion made by Commissioner Grieco to replace the mulch with a poured -in-place rubberized
surface, add more landscaping, and only open the park once these changes have taken place;
seconded by Commissioner Arriola. Voice vote: 7-0.
AMENDMENTS:
• Replace the mulch with a rubberized surface;
• Add more landscaping to the park; and
• Do not open the park to the public until these changes have been made.
Commissioner Aleman introduced the item. There is a great deal of excitement about this park as it
will be the City's first fully accessible ADA playground. Although Commissioner Aleman was assured
that the mulch is wheelchair -friendly, she and several of her colleagues are unconvinced about the
claim. She has also received a great deal of negative feedback from neighbors who have told her
stray cats use the mulch as kitty litter. Commissioner Aleman believes that while the mulch is being
replaced, there is no need to have other areas of the park closed off. She would like certain areas to
Page 27 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
be accessible to the public, and then have a grand opening with a ribbon -cutting ceremony. She
added that the park looks barren, and in need of more landscaping and foliage.
Commissioner Steinberg Agreed with Commissioner Aleman and stated that the park's opening
ceremony should be held back until all residents are able to use park.
Commissioner Arriola asked how long it would take to replace the mulch, and whether the change
can be expedited.
David Martinez, CIP Director, stated that the changes would take three to four months, as there is
some need to redesign, replace the mulch, and add the new landscaping.
Commissioner Arriola stated that he is inclined to fix the park first, and then open it to the public once
it is completely finished. He expressed his disappointment in City Staff that chose to go with mulch
for this project. He opposed using mulch from the beginning, and was vocal about it. Now the City is
getting a great deal of backlash from residents for having used it. Using mulch was not the right call.
Sabrina Cohen thanked the City Commission and staffers from Parks & Recreation and CIP. She too
was surprised when she saw the City had chosen to use mulch for the park. This project was
spearheaded to be a first -of -its -kind ADA playground in Miami Beach. It would be an embarrassment
to the community if the park were not accessible to all. Somewhere along the lines, something went
wrong and mulch was installed, but as long as the City is looking to fix the problem, she is pleased.
Commissioner Malakoff reiterated that using mulch was a mistake, but called the City Commission's
attention to the park's landscaping needs with more grassy areas, trees, and shrubs. The park needs
to be ADA accessible, but it should also be beautiful.
Discussion held regarding funding to replace the mulch and add more landscaping.
Commissioner Aleman moved to replace the mulch with a rubberized surface with a color that
matches the natural beach environment with the addition of new landscaping throughout the park
and to reserve all ceremonial activities until after the park is finished; seconded by Commissioner
Malakoff. Voice -vote passed: 7-0.
Mr. Martinez asked whether they should open the park and have an opening ceremony later, or only
open the park once the new changes have been made.
Commissioner Aleman explained that given the changes would take about four months to take place,
she would like residents to enjoy the park in the meantime, and the opening ceremony could be
pushed back to when the park is fully complete.
Commissioner Malakoff asked whether the mulch is safe for children, especially since there are
complaints that stray cats are using it as kitty litter.
Mr. Martinez explained that the mulch itself is safe, but there should be concern if there is cat feces
on it. He elaborated that the mulch was approved by the American Section of the International
Association for Testing Materials, ASTM International, and it does withstand wheelchair movement,
albeit does not provide an easy surface to move on.
Page 28 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
Commissioner Arriola stated that he would prefer the park to be opened only once the changes take
place. He believes there would be too much confusion for only certain areas of the park to be
opened at a time.
Commissioner Grieco moved to replace the mulch with a poured -in-place rubberized surface, add
more landscaping, and only open the park once these changes have been completed; seconded by
Commissioner Arriola. Voice -vote passed: 7-0.
John Rebar, Parks and Recreation Director, stated that he recommended opening the park once all
the changes have taken place.
Sally Martinez, an 8 -year-old girl, read the following statement into the record:
"Good morning. Hello, Mr. Mayor and Commissioners, my name is Sally Martinez. I have
been helping with the Sabrina Cohen project. My sister and I were part of the
groundbreaking for the new playground item C7 X. I would ask you to please find the
rubber ground and remove the mulch. The playground was built so that all children could
enjoy. Right now that is not possible. It is not fair to open this playground when it is not
ready for all to use. How would you feel if you could not play; if it was not safe for you? I
would feel sad. I do not want anyone to feel sad because they cannot play in the new
playground. Everyone should be allowed to play freely. Wait until the playground is built
the right way so that all the children can play, be safe and have fun. I mean really, what
is the rush? It has been 102 years without a playground. Yesterday I was seven and
today I am eight, and I can wait."
City Manager Morales addressed the issue of having used mulch for the park. City staffers had
originally recommended using a rubberized surface, but when the item went to the Parks and
Recreation Committee, the recommendation was changed to mulch. This was a time when there
was much discussion regarding the safety of the rubberized surface.
Mr. Rebar added that during the time this item went to Parks and Recreation Committee, there was a
great deal going on with other City projects, and this detail escaped him and other staffers until the
park was actually being built.
Commissioner Arriola asked the City Staff to use better judgment in the future.
Page 29 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
ADDENDUM MATERIAL 3
C7 Y A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE AT ITS JUNE 5, 2017 SPECIAL MEETING, APPROVING THE
INSOURCING OF THE NORTH SHORE PARK TENNIS CENTER, PURSUANT TO OPTION 1, AS
PRESENTED BY THE ADMINISTRATION; DIRECTING THE OFFICE OF BUDGET AND
PERFORMANCE IMPROVEMENT TO MAKE THE NECESSARY ALLOCATIONS FOR THE
OPERATIONAL COSTS ASSOCIATED WITH OPTION 1 FOR THE REMAINING MONTHS OF FY
2016/2017 AND IN THE CURRENT SERVICE LEVEL BUDGET FOR FY 2017/2018; AND
AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AMENDMENT NO. 1 TO THE
AGREEMENT BETWEEN THE CITY AND MIAMI BEACH TENNIS MANAGEMENT, LLC FOR
TENNIS MANAGEMENT AND OPERATIONS SERVICES AT THE CITY'S FLAMINGO AND
NORTH SHORE TENNIS CENTERS; SAID AMENDMENT, IN MATERIAL PART, REMOVING THE
NORTH SHORE PARK TENNIS CENTER FROM THE SCOPE OF SERVICES, IDENTIFYING A
TURN -OVER DATE, AND PROVIDING FOR THE EQUITABLE DISBURSEMENTS AND/OR
REIMBURSEMENTS TO EACH PARTY, AS APPLICABLE; AND FURTHER DIRECTING THE
ADMINISTRATION TO SUBMIT THE FINAL NEGOTIATED AMENDMENT FOR APPROVAL BY
THE CITY COMMISSION.
Parks and Recreation
Commissioner John Elizabeth Aleman
ACTION: Resolution 2017-29897 adopted. Tameka Otto Stewart to appropriate the funds.
John Rebar to handle.
Page 30 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
REGULAR AGENDA
R5 - Ordinances
11:18:32 a.m.
R5 A NORTH BEACH TATUM WATERWAY CONSERVATION DISTRICT DEMOLITION MORATORIUM:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, EXTENDING THE MORATORIUM THROUGH OCTOBER 31, 2017, FOR PROPERTIES
FRONTING ON TATUM WATERWAY AND LOCATED ON THE WEST SIDE OF TATUM
WATERWAY DRIVE AND BYRON AVENUE FROM 77TH STREET TO 87TH STREET,
PROPERTIES LOCATED ON THE EAST SIDE OF HAWTHORNE AVENUE FROM 77TH STREET
TO CRESPI BOULEVARD, PROPERTIES LOCATED ON THE EAST SIDE OF CRESPI
BOULEVARD FROM HAWTHORNE AVENUE TO 85TH STREET, AND PROPERTIES LOCATED
ON THE NORTH SIDE OF 85TH STREET BETWEEN CRESPI BOULEVARD AND BYRON
AVENUE; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR
PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAINING TO
DEMOLITION OF STRUCTURES ON TATUM WATERWAY; FOR ZONING IN PROGRESS
PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS
ORDINANCE, AND NO APPLICATIONS FOR DEMOLITION WITHIN THE DESIGNATED AREA
SHALL BE ACCEPTED BY THE CITY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR
SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR
AN EXPIRATION DATE.
9:50 a.m. First Reading Public Hearing
Planning Department
Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance adopted on
First Reading. Motion made by Commissioner Malakoff to adopt the Ordinance on First Reading;
seconded by Commissioner Arriola. Ballot vote: 7-0. Second Reading Public Hearing is scheduled
for June 28, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda.
Thomas Mooney to handle.
Eve Boutsis, Chief Deputy City Attorney, explained the item would extend the moratorium through
October 31, 2017, because more time is needed to draft clean up Ordinances. The same is true for
item R5 B.
Daniel Ciraldo, MDPL, stated that he is in favor of the moratorium, as it gives more time for planning.
There is still work that needs to take place, and he hopes the Commission will support the extension.
Matis Cohen stated that the moratorium was established for the City to adopt the North Beach
Master Plan; and now another moratorium has turned into a list of restrictions and regulations that
strip property owners of their rights. By extending this moratorium, the City Commission is holding
property owners hostage by not allowing owners the opportunity to know what to do for the next six
months.
Kirk Pascal pointed out that this is not only about regulations and restrictions, but to steer the kind of
development they are trying to achieve. He addressed the concern of lack of guidelines to conserve
that commercial area, which is an important component of a historic district.
Chief Deputy Attorney Boutsis clarified that the current moratorium expires on July 11, 2017. This
item will cover the period after that until the end of October.
Page 31 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
Handouts or Reference Materials:
1. Ad No. 1337 published in The Miami Herald
2. Ad No. 1339 published in The Miami Herald
3. Email from Elizabeth Wheaton dated May 31, 2017 RE: Emailing: NB Conservation Demo Moratorium —
First Reading ORD extension through 10-31-2017 (NK edit to title), Tatum waterway Demolition
Moratorium — 2nd Read ORD revised extension through 10-31-2017 (including NK short title).
11:37:42 a.m.
R5 B NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICTS DEMOLITION
MORATORIUM:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, PERTAINING TO EXTENDING THE MORATORIUM THROUGH OCTOBER 31, 2017
FOR THE FOLLOWING AREAS/PROPERTIES: PROPERTIES LOCATED BETWEEN TATUM
WATERWAY DRIVE/BYRON AVENUE ON THE WEST AND THE EASTERN LOT LINES OF LOTS
FRONTING ABBOTT AVENUE ON THE EAST BETWEEN 77TH STREET ON THE SOUTH AND
86TH STREET ON THE NORTH; THE PROPERTIES LOCATED BETWEEN THE TATUM
WATERWAY ON THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT
AVENUE ON THE EAST BETWEEN 75TH STREET ON THE SOUTH AND 77TH STREET ON THE
NORTH; THE PROPERTIES LOCATED AT 8519, 8525, AND 8527 CRESPI BOULEVARD; THE
PROPERTIES FRONTING NORMANDY DRIVE FROM RUE NOTRE DAME ON THE WEST TO
BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING 71ST STREET FROM RUE NOTRE
DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES FRONTING THE EAST
SIDE OF RUE VERSAILLES FROM 71ST STREET TO BIARRITZ DRIVE; THE PROPERTIES
FRONTING BIARRITZ DRIVE FROM RUE VERSAILLES ON THE WEST TO RUE VENDOME ON
THE EAST; THE PROPERTIES FRONTING RUE VENDOME FROM 71ST STREET ON THE
NORTH TO BREST ESPLANADE ON THE SOUTH; THE PROPERTIES FRONTING BREST
ESPLANADE; THE PROPERTIES FRONTING THE WEST SIDE OF BAY DRIVE FROM BREST
ESPLANADE ON THE SOUTH TO 71ST STREET ON THE NORTH; THE PROPERTIES
FRONTING THE EAST SIDE OF BAY DRIVE FROM 71ST STREET ON THE SOUTH TO THE
NORMANDY WATERWAY ON THE NORTH; IMPOSING A TEMPORARY MORATORIUM UPON
THE RECEIPT OF OR PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS
PERTAINING TO DEMOLITION OF STRUCTURES ON TATUM WATERWAY; PROVIDING FOR
AN EFFECTIVE DATE RETROACTIVE TO FIRST READING, FEBRUARY 8, 2017; FOR ZONING
IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING
OF THIS ORDINANCE, AND NO APPLICATIONS FOR DEMOLITION WITHIN THE DESIGNATED
AREA SHALL BE ACCEPTED BY THE CITY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR
SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR
AN EXPIRATION DATE.
9:55 am. First Reading Public Hearing
Planning
Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance adopted on
First Reading. Motion made by Commissioner Aleman to adopt the Ordinance on First Reading;
seconded by Commissioner Malakoff. Ballot vote: 7-0. Second Reading Public Hearing is scheduled
for June 28, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda.
Thomas Mooney to handle.
Eve Boutsis, Chief Deputy City Attorney, introduced the item, which is the companion item to R5 A,
which extends the moratorium for 90 days to October 31, 2017.
Page 32 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
Handouts or Reference Materials:
1. Ad No. 1338 published in The Miami Herald
2. Ad No. 1339 published in The Miami Herald
3. Email from Elizabeth Wheaton dated May 31, 2017 RE: Emailing: NB Conservation Demo Moratorium —
First Reading ORD extension through 10-31-2017 (NK edit to title), Tatum waterway Demolition
Moratorium — 2nd Read ORD revised extension through 10-31-2017 (including NK short title).
11:40:20 a.m.
R5 C TERMINAL ISLAND - COMP PLAN AMENDMENTS.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING GOALS, OBJECTIVES AND POLICIES OF THE CITY OF MIAMI BEACH
COMPREHENSIVE PLAN, CHAPTER 1 LAND USE ELEMENT, POLICY 1.2 OF OBJECTIVE 1:
LAND DEVELOPMENT REGULATIONS OF THE FUTURE LAND USE ELEMENT BY AMENDING
THE URBAN LIGHT INDUSTRIAL USE CATEGORY TO PERMIT MULTIFAMILY RESIDENTIAL
USES ON WATERFRONT PARCELS AND ACCOMPANYING STANDARDS FOR LAND
DEVELOPMENT REGULATIONS; AMENDING CHAPTER 2 TRANSPORTATION ELEMENT,
POLICY 6.19 OF OBJECTIVE 6: MULTI -MODAL TRANSPORTATION TO UPDATE REFERENCED
USES ON TERMINAL ISLAND; AMENDING CHAPTER 6 CONSERVATION/COASTAL ZONE
MANAGEMENT, OBJECTIVE 9: DENSITY LIMITS BY CREATING AN EXCEPTION TO
INCENTIVIZE WORKFORCE OR AFFORDABLE HOUSING , OR TO PROVIDE IMPROVED
GOVERNMENT OPERATIONS AND INFRASTRUCTURE; POLICY 9.2 TO INCENTIVIZE
WORKFORCE OR AFFORDABLE HOUSING, OR TO PROVIDE IMPROVED GOVERNMENT
OPERATIONS AND INFRASTRUCTURE AND RISK REDUCTION TO THE THREAT OF SEA
LEVEL RISE; AND AUTHORIZING AND DIRECTING THE CITY ADMINISTRATION TO SUBMIT
THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
AND ANY OTHER REQUIRED STATE AND LOCAL AGENCIES; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
10:00 a.m. First Reading Public Hearing
Continued from April 26, 2017 - R5 M
Planning
Private Application
ACTION: Title of the Ordinance read into the record. Public Hearing held. Proposed Ordinance
opened and continued by acclamation to the September 13, 2017 Commission Meeting. Rafael E.
Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney
to handle.
Handouts or Reference Materials:
1. Ad No. 1311 published in The Miami Herald
2. Ad No. 1339 published in The Miami Herald
3. Email to mercy.arce@hklaw.com dated May 4, 2017 RE: AD 1311 INVOICE & REQUEST FOR PAYMENT,
along with copies of MCR No. 416056 and Check No. 1083 for $637.86.
Page 33 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
11:41:32 a.m.
R5 D TERMINAL ISLAND - LDR AMENDMENTS.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY
OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II "DISTRICT REGULATIONS," DIVISION 11 "LIGHT INDUSTRIAL DISTRICT," BY
AMENDING SECTION 142-483, "CONDITIONAL USES," TO PERMIT MULTI -FAMILY
RESIDENTIAL USES WHEN LOCATED ON WATERFRONT PARCELS; BY AMENDING SECTION
142-484, "ACCESSORY USES," TO PERMIT RESTAURANTS ASSOCIATED WITH MULTI-
FAMILY RESIDENTIAL USES, LIMITED TO RESIDENTS AND GUESTS, AND TO INCLUDE NO
MORE THAN 1.25 SEATS PER UNIT; BY AMENDING SECTION 142-485, "PROHIBITED USES,"
TO ADDRESS A SCRIVENERS ERROR; BY AMENDING SECTION 142-486, "DEVELOPMENT
REGULATIONS," TO PROVIDE REGULATIONS FOR MULTIFAMILY RESIDENTIAL USES;
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
10:05 am. First Reading Public Hearing
Continued from April 26, 2017 - R5 N
Planning
Private Application
ACTION: Title of the Ordinance read into the record. Public Hearing held. Proposed Ordinance
opened and continued by acclamation to the September 13, 2017 Commission Meeting. Rafael E.
Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney
to handle.
Handouts or Reference Materials:
1. Ad No. 1311 published in The Miami Herald
2. Ad No. 1339 published in The Miami Herald
11:48:22 a.m.
R5 E BELLE ISLE - COMP PLAN AMENDMENTS:
AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN,
BY AMENDING CHAPTER 1, ENTITLED "FUTURE LAND USE ELEMENT;" "OBJECTIVE 1: LAND
DEVELOPMENT REGULATIONS," AT POLICY 1.2, "LOW DENSITY MULTI FAMILY
RESIDENTIAL CATEGORY (RM -1)," TO MODIFY THE ALLOWABLE USES TO ALLOW FOR
NON -CONFORMING HOTEL USES IN NONCONFORMING BUILDINGS ON THE NORTH SIDE
OF BELLE ISLE; AND "OBJECTIVE 7: INCONSISTENT USES," AT POLICY 7.1, EXPANSION OR
REPLACEMENT OF LAND USES; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE
PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
10:10 a.m. First Reading Public Hearing
Planning
Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Public Hearing held. Item heard in conjunction
with R5 F. Ordinance adopted on First Reading. Motion made by Commissioner Arriola to adopt
the Ordinance on First Reading; seconded by Commissioner Aleman. Ballot vote: 7-0. Second
Reading Public Hearing is scheduled for July 26, 2017. Rafael E. Granado to notice. Lilia Cardillo to
place on the Commission Agenda. Thomas Mooney to handle.
Page 34 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
Thomas Mooney, Planning Department Director, introduced the item. Both items R5 E and R5 F
amend nonconforming uses. Currently, any nonconforming use that exceeds the 50% rule would
cease at renovation. This amendment would allow establishments to exceed the 50% rule in certain
situations. The Administration supports the item.
Monika Entin, representing the owners of the Standard Hotel, explained that the 50% rule is in
regards to the value of the building, not the property. Major renovations will easily exceed 50% of the
building's value. The owners of the Standard Hotel are not trying to increase or expand the property,
but rather make it more resilient. She detailed the renovations efforts.
Commissioner Arriola expressed his support for the item.
Handouts or Reference Materials:
1. Ad No. 1310 published in The Miami Herald
2. Ad No. 1339 published in The Miami Herald
3. Email to Monika Entin and Michael Larkin RE: Ad 1310 ORDINANCE AMENDING CMB COMP PLAN AND
LDR — BELLE ISLE for the June 7, 2017 Commission Meeting.
4. Copies of MCR 416064 and payment for $945.21 made on June 7, 2017.
11:51:50 a.m.
R5 F BELLE ISLE - LDR AMENDMENTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY
OF MIAMI BEACH BY AMENDING CHAPTER 118 OF THE CITY CODE, ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES," BY AMENDING ARTICLE IX, ENTITLED
"NON -CONFORMANCES," BY AMENDING SECTION 118-395, ENTITLED "REPAIR AND/OR
REHABILITATION OF NONCONFORMING BUILDINGS AND USES," TO ALLOW THE RE-
CONSTRUCTION OF UP TO FIFTY PERCENT OF THE FLOOR AREA OF NON -CONFORMING
BUILDINGS CONTAINING NONCONFORMING HOTEL, USES LOCATED ON THE NORTH SIDE
OF BELLE ISLE; PROVIDING FOR INCLUSION IN THE CITY CODE; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
10:10 a.m. First Reading Public Hearing
Planning
Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Public Hearing held. Item heard in conjunction
with R5 E. Ordinance adopted on First Reading. Motion made by Commissioner Aleman to adopt
the Ordinance on First Reading; seconded by Commissioner Malakoff. Ballot vote: 7-0. Second
Reading Public Hearing is scheduled for July 26, 2017. Rafael E. Granado to notice. Lilia Cardillo to
place on the Commission Agenda. Thomas Mooney to handle.
No discussion held. See discussion with item R5 E.
Handouts or Reference Materials:
1. Ad No. 1310 published in The Miami Herald
2. Ad No. 1339 published in The Miami Herald
3. Copies of MCR 416064 and payment for $945.21 made on June 7, 2017.
Page 35 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
1:32:09 p.m.
R5 G ALCOHOLIC BEVERAGES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-3 THEREOF,
ENTITLED "HOURS OF SALE," TO PROHIBIT PACKAGE LIQUOR SALES BEFORE 8:00 A.M.
EACH DAY AT RETAIL STORES (INCLUDING PACKAGE, GROCERY, CONVENIENCE, AND ANY
OTHER RETAIL STORES, AS WELL AS GASOLINE STATIONS/SERVICE STATIONS) AND
ALCOHOLIC BEVERAGE ESTABLISHMENTS AND, AS APPLICABLE TO THE MXE MIXED USE
ENTERTAINMENT DISTRICT, TO AUTHORIZE PACKAGE LIQUOR SALES AT SUCH
ESTABLISHMENTS BETWEEN THE HOURS OF 10:00 A.M. AND 10:00 P.M. ONLY; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
10:15 a.m. Second Reading Public Hearing
First Reading on May 17, 2017 - R5 R
Office of the City Attorney
Commissioners Joy Malakoff and Ricky Arriola
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4101
adopted. Motion made by Commissioner Arriola to adopt the Ordinance as -is; seconded by
Commissioner Aleman. Ballot vote: 7-0. Chief Oates and Hernan Cardeno to handle.
Eve Boutsis, Chief Deputy City Attorney, introduced the item that will change package liquor store
hours in the MXE District between 10:00 a.m. and 10:00 p.m., and everywhere else in Miami Beach
between 8:00 a.m. and 10:00 p.m.
Commissioner Arriola motioned to adopt the item, but stated that he will bring forward another
Ordinance for the next meeting that will consider allowing package liquor stores to sell alcohol
between 10:00 a.m. and 8:00 p.m. in the MXE District.
Commissioner Steinberg expressed her concern that this item will not fix the problem of the liquor
store located near the Fienberg-Fisher Elementary School that is in a CD -2 zone, and not MXE
District.
Discussion held.
Vice -Mayor Rosen Gonzalez stated that the City Commission has discussed this several times, and
agreed to have package liquor stores begin selling alcohol at 9:00 a.m. in the MXE District.
Handouts or Reference Materials:
1. Ad No. 1310 published in The Miami Herald
2. Ad No. 1340 published in The Miami Herald
Page 36 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
1:18:48 p.m.
1:37:51 p.m.
SUPPLEMENTAL MATERIAL 1: REVISED ORDINANCE
R5 H MEDICAL CANNABIS ORDINANCE - LAND USE REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED "GENERAL
PROVISIONS," TO DEFINE THE FOLLOWING DEFINITIONS: CANNABIS, MEDICAL CANNABIS
DISPENSARY, DERIVATIVE PRODUCT, LOW -THC CANNABIS, AND RELATED DEFINITIONS;
AMENDING CHAPTER 130, ENTITLED "OFF-STREET PARKING," ESTABLISHING MINIMUM
PARKING REQUIREMENTS FOR "MEDICAL CANNABIS DISPENSARIES" AND PROHIBITING
PARTICIPATION IN THE FEE IN LIEU OF PARKING PROGRAM; AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY CREATING DIVISION 10, ENTITLED
"CANNABIS REGULATIONS AND USE," AND AMENDING SECTIONS 142-1501 TO 142-1504,
RELATING TO APPLICABILITY, DEFINING MEDICAL USE OF CANNABIS, DESIGNATING
AREAS FOR THE USE, ZONING REQUIREMENTS RELATING TO THE USE, AND PROHIBITING
CULTIVATION, PRODUCTION OR POSSESSION OF CANNABIS PLANTS; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
10:20 a.m. First Reading Public Hearing
Continued from May 17, 2017 - R5 N
Planning
Commissioner John Elizabeth Aleman
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance adopted on
First Reading as amended. Motion made by Commissioner Grieco to adopt the Ordinance on First
Reading; seconded by Commissioner Arriola. Ballot vote: 6-1; Opposed: Commissioner Malakoff.
Second Reading Public Hearing is scheduled for July 26, 2017. Rafael E. Granado to notice. Lilia
Cardillo to place on the Commission Agenda. Thomas Mooney to handle.
AMENDMENT:
Section 142-1502 (a)(1)a. remove information after second semicolon: "Lots zoned CD -2, generally
located along Alton Road between 6th Street and 8th Street; lots zoned C-PS2 located north of 5
Street between Ocean Court on the east and West Avenue on the west; and lots zoncd C PS2
between 5114 Street on the north and 4h Street on the south between Washington Avenue on the east
and Meridian Avenue on the west; and Tots zoned C PS2 fronting the south side of 5th Street
Eve Boutsis, Chief Deputy City Attorney, stated that there are two Ordinances that are related to this
item. The first Ordinance is in regards to zoning and requires 5/7 votes. The second Ordinance (R5
I) is about licensure and the implementation of medical cannabis dispensaries, providing for
employee and administrative background checks. It will allow persons 18 years and older to
purchase medical marijuana.
Rogelio Madan, Principal Planner, further detailed the process of opening a dispensary. There will
be a 90 -day window, and applicants will have to be approved by the State to open such a facility.
Once a conditional use application is submitted, the Planning Board would determine whether to
accept. Applicants must provide security, operating, business, and owner management plans. The
four locations chosen for the dispensaries are: 1. Between 5th Street and Alton Road; 2. 41st Street;
3. The Mt. Sinai Health District; and 71St Street.
Chief Deputy Attorney Boutsis explained that the City is only authorizing dispensaries. She pointed
out some scrivener errors caught by Commissioner Malakoff, and they would be incorporated for
Second Reading.
Page 37 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
Commissioner Aleman explained that this Ordinance has been looked at for some time, and has
gone through several City Boards. As the current sponsor of the Ordinance, she requested some
changes, such as that dispensaries must be one of the State -qualified dispensary organizations. The
age to purchase medical marijuana was reduced from 21 to 18, so adults would have access to their
prescribed medicine. She added that Mt. Sinai Hospital did not express interest in currently opening
a dispensary, but perhaps in a few years that may change, so they allowed a dispensary location in
that area.
Commissioner Malakoff stated that she does not believe public parking spaces should be rented out
to medical cannabis dispensaries. Parking should be on-site or through private parking contracts.
She is concerned in the reduction of the age to purchase medical cannabis from 21 to 18, because
there are many stories of doctors who freely issue prescriptions and this may be taken advantage of.
Commissioner Grieco introduced an amendment to the Ordinance in regards to the south of Fifth
location. In Section 142-1502(a)(1)a., he would like to remove everything after the second
semicolon.
Discussion continued on the amendment.
Commissioner Malakoff suggested deleting the reference to public parking in this Ordinance. The
original version called for on-site parking. Developers stated that they could not accommodate for
on-site parking, and it was agreed that parking could be offered within 500 feet of the establishment
either public or private parking. Her fear is that leasing public parking spaces to these dispensaries
will further limit the already scarce parking problem.
City Attorney Aguila stated that the Ordinance is consistent with how the City negotiates with other
businesses throughout the City.
Commissioner Grieco stated that he could not support Commissioner Malakoff's amendment,
because it would treat this type of business differently. Why would a pharmacy that sells opiates
have the right to parking, yet a medical marijuana dispensary not? He does not believe that is fair.
Discussion continued.
Commissioner Aleman addressed Commissioner Malakoff's concern about the age reduction. At 18,
people are adults and should be allowed to purchase their prescribed medication.
Commissioner Malakoff interjected and stated that allowing 18 year olds to purchase medical
marijuana is a mistake.
Graham Penn, representing Knox nurseries, one of the permitted Florida dispensaries spoke. He
believes the 500 -foot parking rule is too close and limiting, and believes it should be set at 1,500
feet. He explained the difficulties these companies would have as they are a single -product, high
security business. He asked for more dispensaries to be allowed in Miami Beach.
Sabrina Contreras stated that Miami Beach should consider patients that need access to the medical
product. There should be more dispensaries, Miami Beach has the potential to become a destination
for those seeking medical marijuana. She stated that these are not dispensaries, but Medical
Marijuana Treatment Centers.
Chief Deputy Attorney Boutsis clarified that the City is calling them "Medical Cannabis Dispensaries,"
while the State called them "Treatment Centers."
Handouts or Reference Materials:
1. Ad No. 1328 published in The Miami Herald
2. Ad No. 1340 published in The Miami Herald
Page 38 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
2:08:20 p.m.
R5 I AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 6 OF THE CITY CODE, ENTITLED "ALCOHOLIC
BEVERAGES," TO MODIFY THE TITLE TO REFLECT "ALCOHOLIC BEVERAGES AND MEDICAL
CANNABIS/MARIJUANA;" TO CREATE ARTICLE III, ENTITLED "MEDICAL CANNABIS" TO
CREATE A LICENSURE PROCEDURE FOR MEDICAL CANNABIS DISPENSARIES; PROVIDING
FOR APPLICATIONS, REVIEW PROCESS, APPEALS, ENFORCEMENT, PENALTIES, CRITERIA
FOR INSPECTIONS, GENERAL SECURITY AND VIDEO REQUIREMENTS, AND OTHER
GENERAL LICENSURE REQUIREMENTS; AMENDING CHAPTER 102, "TAXATION," ARTICLE V,
"LOCAL BUSINESS TAX" AT SECTION 102-379, "SCHEDULE OF TAXES, EFFECTIVE
OCTOBER 1, 2016;" PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
First Reading
Continued from May 17, 2017 - R5 0
Office of the City Attorney
Commissioner John Elizabeth Aleman
ACTION: Title of the Ordinance read into the record. Ordinance adopted on First Reading. Motion
made by Commissioner Aleman; seconded by Commissioner Grieco to adopt the Ordinance on First
Reading. Ballot vote: 6-1. Opposed: Commissioner Malakoff. Second Reading Public Hearing is
scheduled for July 26, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission
Agenda. Office of the City Attorney to handle.
Eve Boutsis, Chief Deputy City Attorney, introduced the item. She recently met with a group of
attorneys, and they will be going over the details of this Ordinance.
Commissioner Aleman stated that she would like the companies that are entering into the lottery to
be even more scrutinized.
Chief Deputy Attorney Boutsis stated that she is going back to what was done in Massachusetts,
California, and Colorado. She added that the City would not only be doing criminal, but
administrative and procedural background checks, in addition to consulting with Indian tribes.
Page 39 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
1:19:14 p.m.
R5 J ART DECO/MIMO COMMERCIAL CHARACTER AND FORMULA COMMERCIAL OVERLAY
DISTRICT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED "GENERAL
PROVISIONS," TO PROVIDE FOR DEFINITIONS FOR "CHECK CASHING STORE,"
"CONVENIENCE STORE," "FORMULA RESTAURANT," "FORMULA COMMERCIAL
ESTABLISHMENTS," "MARIJUANA DISPENSARY," "CANNABIS DISPENSARY," "OCCULT
SCIENCE ESTABLISHMENT," "PHARMACY," "SOUVENIR AND T-SHIRT SHOP," "TATTOO
STUDIO," "MASSAGE THERAPY CENTER," AND RELATED DEFINITIONS; AMENDING
CHAPTER 142 OF THE CITY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS," AT
ARTICLE III, ENTITLED "OVERLAY DISTRICTS," TO ESTABLISH DIVISION 12, ENTITLED "ART
DECO / MIMO COMMERCIAL CHARACTER OVERLAY DISTRICT," TO PROVIDE ADDITIONAL
REGULATIONS FOR THE AFOREMENTIONED USES, INCLUDING DISTANCE SEPARATION
REQUIREMENTS, LIMITATIONS ON NUMBER OF ESTABLISHMENTS, AND PROHIBITIONS
UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
10:25 a.m. First Reading Public Hearing
Continued from May 17, 2017 - R5 P
Planning
Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance adopted on
First Reading. Motion made by Commissioner Arriola to adopt the Ordinance on First Reading;
seconded by Commissioner Malakoff. Ballot vote: 7-0. Second Reading Public Hearing is scheduled
for June 28, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda.
Thomas Mooney to handle.
DIRECTION:
• Between First and Second Reading, bring economic study; and
• Have unique establishments on Ocean Drive.
Thomas Mooney, Planning Department Director, stated that the economic consultant would have the
market analysis ready by the Second Reading of this Ordinance. This item creates uses and
prohibitions for the two Overlay Districts.
Commissioner Arriola asked the City Commission to pass this item on First Reading. The City is
pending an economic study, which should address what the appropriate cut-off should be in
prohibiting formulaic retail and restaurant establishments. This is an effort to preserve the historic
and unique character of Ocean Drive. Municipalities across the country have taken similar action for
the sake of their community.
Jeffrey Bass, representing 1200 Ocean Drive, suggested deferring the item until July. He believes
the Ordinance as currently drafted severely affects his client, and he questioned the legality of the
proposed Ordinance.
Discussion held as to the owners of 1200 Ocean Drive.
Commissioner Malakoff stated that Miami Beach is a small City, and as such, the establishments
should be unique. There should be retailers and restaurants in Miami Beach that have fewer than
five locations.
Page 40 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
Daniel Ciraldo, MDPL, thanked Commissioner Arriola for this legislation. Many major chain
restaurants and retailers want to get into Miami Beach, specifically Ocean Drive, to be a part of that
iconic location.
Discussion held.
Commissioner Arriola stated that he does not want to recommend the number of establishments a
company has, but he agrees with Commissioner Malakoff, there should be a limit to the number of
locations an establishment has before they go into Miami Beach.
Mayor Levine stated that Miami Beach needs to look for more creative and unique restaurants and
retailers that perhaps have 25 locations or fewer. He is in favor of this item.
Handouts or Reference Materials:
1. Ad No. 1329 published in The Miami Herald
2. Ad No. 1340 published in The Miami Herald
11:57:53 a.m.
R5 K SUSTAINABLE ROOFING:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CITY CODE, BY AMENDING CHAPTER 114, "GENERAL
PROVISIONS," BY AMENDING SECTION 114-1, "DEFINITIONS," AND BY AMENDING CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT
REGULATIONS," BY AMENDING DIVISION 1, "GENERALLY," SECTION 142-875, "ROOF
REPLACEMENTS AND NEW ROOFS," PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY, AND A N EFFECTIVE DATE.
10:30 am. Second Reading Public Hearing
First Reading on May 17, 2017 - R5 S
Planning
Commissioners John Elizabeth Aleman and Joy Malakoff
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4102
adopted. Motion made by Commissioner Malakoff to adopt the Ordinance; seconded by
Commissioner Aleman. Ballot vote: 7-0. Thomas Mooney to handle.
Thomas Mooney, Planning Department Director, introduced the item, which amends the Ordinance
on roof replacements, and prohibits asphalt shingles. He recommended the item's adoption.
Vice -Mayor Rosen Gonzalez commended Commissioners Malakoff and Aleman, and thanked them
for placing this item on the agenda.
Handouts or Reference Materials:
1. Ad No. 1340 published in The Miami Herald
Page 41 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
11:59:52 a.m.
R5 L AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER
106, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED
PARKING," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION
106-55, ENTITLED "PARKING RATES, FEES, AND PENALTIES"; BY AMENDING METERED
PARKING SPACE RENTALS FOR PRODUCTIONS AND FILM; ESTABLISHING A PRODUCTION
COMPANY RECREATIONAL VEHICLES (PCRV) PARKING PERMIT PROGRAM AND RELATED
FEES; PROVIDING FOR CREW PARKING AT MUNICIPAL PARKING GARAGES AND RELATED
DAILY FEES; AND, PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
10:40 a.m. Second Reading Public Hearing
First Reading on May 17, 2017 - R5 U
Parking
Commissioner Michael Grieco & Co -Sponsored by Mayor Philip Levine
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4103
adopted. Motion made by Commissioner Grieco to adopt the Ordinance; seconded by
Commissioner Aleman. Ballot vote: 7-0. Saul Frances to handle.
Saul Frances, Parking Department Director, introduced the item; It is a parking incentive for the
production and film industry recreational vehicles. He looks forward to implementing the measure.
Handouts or Reference Materials:
1. Ad No. 1340 published in The Miami Herald
11:53:15 a.m.
R5 M WORKFORCE AND AFFORDABLE HOUSING - COMPREHENSIVE PLAN AMENDMENTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, BY
AMENDING CHAPTER 1, ENTITLED "FUTURE LAND USE ELEMENT;" "OBJECTIVE 1: LAND
DEVELOPMENT REGULATIONS," TO ALLOW FOR INCREASED DENSITY WITHIN CERTAIN
FUTURE LAND USE CATEGORIES FOR THE LIMITED PURPOSES OF PROVIDING
AFFORDABLE HOUSING AND WORKFORCE HOUSING PURPOSES AND TO ALLOW FOR
RESIDENTIAL USES IN THE "PARKING (P)" FUTURE LAND USE CATEGORY; AMENDING
CHAPTER 3, ENTITLED "HOUSING ELEMENT," TO ESTABLISH REQUIREMENTS AND
PROVIDE INCENTIVES FOR DEVELOPING WORKFORCE AND AFFORDABLE HOUSING;
CLARIFY POLICIES RELATED TO WORKFORCE AND AFFORDABLE HOUSING; AMENDING
CHAPTER 6, ENTITLED "CONSERVATION/COASTAL ZONE MANAGEMENT ELEMENT," TO
ALLOW FOR DENSITY INCREASES IN ORDER TO INCENTIVIZE WORKFORCE AND
AFFORDABLE HOUSING PROJECTS / CONSTRUCTION; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
10:45 a.m. First Reading Public Hearing
Planning
Commissioner John Elizabeth Aleman
ACTION: Title of the Ordinance read into the record. Public Hearing held. Proposed Ordinance
opened and continued by acclamation to the June 28, 2017 Presentation & Awards Commission
Meeting. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received.
Thomas Mooney to handle.
Page 42 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
Handouts or Reference Materials:
1. Ad No. 1330 published in The Miami Herald
2. Ad No. 1340 published in The Miami Herald
3. Email from Cilia Maria Ruiz -Paz RE: Items for Open & Continuing
11:54:33 a.m.
R5 N AFFORDABLE HOUSING LDR AND CITY CODE AMENDMENTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS; BY AMENDING
CHAPTER 58, "HOUSING," BY ESTABLISHING ARTICLE V, "HOUSING FOR LOW AND/OR
MODERATE INCOME ELDERLY PERSONS"; PROVIDING CODIFICATION; BY AMENDING
CHAPTER 114, "GENERAL PROVISIONS," AT SECTION 114-1, "DEFINITIONS," TO ESTABLISH
BY REFERENCE TO CHAPTER 58, "HOUSING" DEFINITIONS FOR NON -ELDERLY AND
ELDERLY LOW AND MODERATE INCOME HOUSING; BY AMENDING CHAPTER 130, "OFF-
STREET PARKING," AT SECTION 130-32, "OFF-STREET PARKING REQUIREMENTS FOR
PARKING DISTRICT NO. 1," AND SECTION 130-33, "OFF-STREET PARKING REQUIREMENTS
FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, AND 7." BY AMENDING THE PARKING
REQUIREMENTS FOR LOW AND/OR MODERATE INCOME NON -ELDERLY AND ELDERLY
PERSONS; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, "DISTRICT REGULATIONS," DIVISION 3, "RESIDENTIAL MULTIFAMILY
DISTRICTS," SUBDIVISION II, "RM -1 RESIDENTIAL MULTIFAMILY LOW INTENSITY,"
SUBDIVISION IV, "RM -2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SUBDIVISION V.
"RM -3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," DIVISION 4. "CD -1 COMMERCIAL, LOW
INTENSITY DISTRICT," DIVISION 5. "CD -2 COMMERCIAL, MEDIUM INTENSITY DISTRICT,"
DIVISION 6. "CD -3 COMMERCIAL, HIGH INTENSITY DISTRICT," DIVISION 13, "MXE MIXED USE
ENTERTAINMENT DISTRICT," DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT,"
DIVISION 20, "TC NORTH BEACH TOWN CENTER DISTRICTS," BY STRIKING ALL
REFERENCE TO SECTION 142-1183 ENTITLED "UNIT SIZE" AND CREATING NEW MINIMUM
AND AVERAGE APARTMENT UNIT SIZES FOR NON -ELDERLY AND ELDERLY LOW AND
MODERATE INCOME HOUSING; BY AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT
REGULATIONS," BY AMENDING DIVISION 6, "HOUSING FOR LOW AND/OR MODERATE
INCOME ELDERLY PERSONS," BY STRIKING THIS DIVISION; PROVIDING CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
10:50 a.m. First Reading Public Hearing
Planning
Commissioner John Elizabeth Aleman
ACTION: Title of the Ordinance read into the record. Public Hearing held. Proposed Ordinance
opened and continued by acclamation to the June 28, 2017 Presentation & Awards Commission
Meeting. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received.
Thomas Mooney to handle.
Handouts or Reference Materials:
1. Ad No. 1331 published in The Miami Herald
2. Ad No. 1341 published in The Miami Herald
3. Email from Cilia Maria Ruiz -Paz RE: Items for Open & Continuing
Page 43 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
11:56:22 a.m.
R5 0 WORKFORCE HOUSING LDR AND CITY CODE AMENDMENTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING SUBPART A — GENERAL ORDINANCES, OF THE CITY CODE, BY
AMENDING CHAPTER 58 "HOUSING", BY CREATING ARTICLE VI, ENTITLED "WORKFORCE
HOUSING;" SECTIONS 58-500 THROUGH 58-510; PROVIDING FOR DEFINITIONS,
REQUIREMENTS AND INCENTIVES TO PROVIDE WORKFORCE HOUSING; ELIGIBILITY FOR
TENANCY, ENFORCEMENT, AND PENALTIES; BY AMENDING CHAPTER 130, "OFF-STREET
PARKING," AT SECTION 130-32, "OFF-STREET PARKING REQUIREMENTS FOR PARKING
DISTRICT NO. 1," AND SECTION 130-33, "OFF-STREET PARKING REQUIREMENTS FOR
PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, AND 7." BY ESTABLISHING PARKING REQUIREMENTS
FOR WORKFORCE HOUSING UNITS; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 3, "RESIDENTIAL
MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM -1 RESIDENTIAL MULTIFAMILY LOW
INTENSITY," SUBDIVISION IV, "RM -2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY,"
SUBDIVISION V. "RM -3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," DIVISION 4. "CD -1
COMMERCIAL, LOW INTENSITY DISTRICT," DIVISION 5. "CD -2 COMMERCIAL, MEDIUM
INTENSITY DISTRICT," DIVISION 6. "CD -3 COMMERCIAL, HIGH INTENSITY DISTRICT,"
DIVISION 13, "MXE MIXED USE ENTERTAINMENT DISTRICT," DIVISION 18, "PS
PERFORMANCE STANDARD DISTRICT," DIVISION 20, "TC NORTH BEACH TOWN CENTER
DISTRICTS," BY CREATING NEW MINIMUM AND AVERAGE APARTMENT UNIT SIZES FOR
WORKFORCE HOUSING UNITS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
10:55 a.m. First Reading Public Hearing
Planning
Commissioner John Elizabeth Aleman
ACTION: Title of the Ordinance read into the record. Public Hearing held. Proposed Ordinance
opened and continued by acclamation to the June 28, 2017 Commission Meeting. Rafael E.
Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney
to handle.
Handouts or Reference Materials:
1. Ad No. 1332 published in The Miami Herald
2. Ad No. 1341 published in The Miami Herald
3. Email from Cilia Maria Ruiz -Paz RE: Items for Open & Continuing
Page 44 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
12:00:42 p.m.
R5 P RM -3 ACCESSORY USES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 142 "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV
"SUPPLEMENTARY DISTRICT REGULATIONS," TO MODIFY THE ACCESSORY USE
REQUIREMENTS FOR APARTMENTS IN THE RM -3 ZONING DISTRICT BY ALLOWING LIMITED
ACCESSORY USES AT AN AMENITY LEVEL FOR BUILDING RESIDENTS; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
11:00 a.m. First Reading Public Hearing
Planning
Commissioner John Elizabeth Aleman
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance adopted on
First Reading. Motion made by Commissioner Aleman to adopt the Ordinance on First Reading;
seconded by Commissioner Grieco. Ballot vote: 7-0. Second Reading Public Hearing is scheduled
for July 26, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda.
Thomas Mooney to handle.
RECOMMENDATION:
Bring back between First and Second Reading what is required for a Condominium's authorization of
a limited accessory use at an amenity level.
Thomas Mooney, Planning Department Director, stated that the City Code currently allows
accessory uses limited to basement, ground, and rooftop levels. This Ordinance would allow certain
accessory uses at an amenity level in the RM -3 District. The Planning Board endorsed the item, and
the Administration recommends its approval.
Commissioner Aleman explained that the amenities would allow for a small cafe, coffee shop, or
tailor to be on other floors aside from the basement, ground, and rooftop levels.
Vice -Mayor Rosen Gonzalez suggested obtaining approval from the majority of condominium
members, before the amenities are authorized.
Mr. Mooney explained that in his experience condominium associations have to approve the projects
beforehand, as they normally have internal bylaws of what is allowable.
Commissioner Grieco stated that the City could not override State condominium laws.
Mr. Mooney stated that he could present the City Commission with the requirements condominium
associations need to go through to approve these types of projects. Thomas Mooney to handle.
Handouts or Reference Materials:
1. Ad No. 1333 published in The Miami Herald
2. Ad No. 1341 published in The Miami Herald
Page 45 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
2:10:31 p.m.
R5 Q SEA LEVEL RISE AND RESILIENCY REVIEW CRITERIA:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," AT
ARTICLE III, "AMENDMENT PROCEDURE," ARTICLE IV, "CONDITIONAL USE PROCEDURE,"
ARTICLE VI, "DESIGN REVIEW PROCEDURES," ARTICLE VII, "DIVISION OF LAND/LOT SPLIT,"
ARTICLE VIII, "PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS," AND
ARTICLE X, "HISTORIC PRESERVATION," TO PROVIDE REFERENCES TO SEA LEVEL RISE
AND RESILIENCY REVIEW CRITERIA FOR CONSIDERATION BY LAND USE BOARDS WHEN
DECIDING ISSUES WITHIN THEIR JURISDICTION; BY AMENDING CHAPTER 133,
"SUSTAINABILITY AND RESILIENCY," TO ESTABLISH SEA LEVEL RISE AND RESILIENCY
REVIEW CRITERIA; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
First Reading
First Reading on May 17, 2017 - R5 T (Title changed/Returns as First Reading)
Planning
Commissioner John Elizabeth Aleman
ACTION: Title of the Ordinance read into the record. Ordinance adopted on First Reading. Motion
made by Commissioner Aleman; seconded by Commissioner Malakoff to adopt the Ordinance on
First Reading as is. Ballot vote: 7-0. Second Reading Public Hearing scheduled for July 26, 2017.
Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas
Mooney to handle.
DIRECTION:
• Bring sample staff report using new criteria between First and Second Reading. Thomas
Mooney to handle.
Thomas Mooney, Planning Department Director, explained that the item was heard on First Reading
on May 17, 2017, but direction was given to eliminate the section suggesting that the below -grade
parking be removed. Therefore, the title changed and it comes back as a new First Reading. The
Ordinance establishes sea level review and resiliency criteria for review by the Land Use Boards.
The Administration recommends approval at First Reading.
Vice -Mayor Rosen Gonzalez stated that this should not pre-empt the Historic Preservation
guidelines and regulations, as the City Charter requires a referendum to dilute or weaken historic
preservation guidelines, therefore, this is violation of the City Charter. She suggested adding
language stating that it cannot pre-empt the decisions by the Historic Preservation Board.
Eve Boutsis, Chief Deputy City Attorney, explained that this legislation does not weaken the Historic
Preservation Board's powers.
Commissioner Malakoff added that this Ordinance is helping historic structures to continue and not
go underwater.
Mayor Levine clarified that his colleague asks if this in anyway reduces the powers of the Historic
Preservation Board; and if it does, then the Charter would require a referendum to be submitted to
the voters.
Vice -Mayor Rosen Gonzalez congratulated Commissioners Aleman and Malakoff, and added that
they are moving in the right direction, but she does not want this Ordinance to weaken any of the
boards, especially the Historic Preservation Board, since that would be a violation of the Charter.
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After Action June 7, 2017 City of Miami Beach
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Raul J. Aguila, City Attorney, clarified that the Charter provision would only be triggered if the
Ordinance were to dilute the powers of the Historic Preservation Board. That would presume that
whenever additional criteria is added to the Board's review process for granting Historic Preservation
Board approval, one would have to go out to referendum, and that was not the intent of the original
Charter ballot question. The City is not deleting any of the existing criteria for approval. In answering
Vice -Mayor Rosen Gonzalez, the City Attorney opined that this legislation would not trigger a Charter
referendum, and he does not think that additional criteria for Historic Preservation Board for review
would dilute the powers of the Board.
Discussion held.
Chief Deputy Attorney Boutsis added that the section reads that the Historic Preservation Board
shall consider, and is not mandatory.
Commissioner Aleman sponsored this item some time ago. She explained that this Ordinance forces
City staff and all Land Use Boards to understand, regarding matters to be considered, what are the
sea level rise and resiliency implications of what is in front of them. The burden it places is not on the
boards; it does not take any powers from them; however, it places the burden on staff to provide
correct information about sea level rise and resiliency when making decisions. She moved the item.
Vice -Mayor Rosen Gonzalez will support the item, but requested a sample staff report using the new
criteria between First and Second Reading. There was consensus. Thomas Mooney to handle.
2:17:21 p.m.
R5 R COMMERCIAL HEIGHT STANDARDS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CITY CODE, BY AMENDING CHAPTER 114, "GENERAL
PROVISIONS," BY AMENDING SECTION 114-1, "DEFINITIONS," AND BY AMENDING CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS,", ARTICLE II, "DISTRICT REGULATIONS", BY
AMENDING DIVISION 4, "CD -1, COMMERCIAL, LOW -INTENSITY DISTRICT," SECTION 142-276,
"DEVELOPMENT REGULATIONS, AND DIVISION 5, "CD -2, COMMERCIAL, MEDIUM -INTENSITY
DISTRICT," SECTION 142-306, "DEVELOPMENT REGULATIONS," AND DIVISION 6, "CD -3,
COMMERCIAL, HIGH-INTENSITY DISTRICT, "SECTION 142-336, "DEVELOPMENT
REGULATIONS AND AREA REQUIREMENTS," AND DIVISION 13, "MXE, MIXED USE
ENTERTAINMENT DISTRICT," SECTION 142-545, "DEVELOPMENT REGULATIONS," AND
DIVISION 18, "PS, PERFORMANCE STANDARD DISTRICT," SECTION 142-698, "COMMERCIAL
PERFORMANCE STANDARD AREA REQUIREMENTS," AND DIVISION 20, "TC NORTH BEACH
TOWN CENTER DISTRICTS," SECTION 142-737, "DEVELOPMENT REGULATIONS," TO
MODIFY ALLOWABLE HEIGHTS FOR THE PURPOSE OF SEA -LEVEL RISE MITIGATION; AND
BY AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5,
"HEIGHT REGULATIONS," SECTION 142-1161, "HEIGHT REGULATION EXCEPTIONS," TO
ALLOW FOR SOLAR PANELS, WIND TURBINE AND SUSTAINABLE ROOFING SYSTEMS;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE.
First Reading
Planning
Commissioners John Elizabeth Aleman and Joy Malakoff
ACTION: Title of the Ordinance read into the record. Ordinance adopted on First Reading as
amended. Motion made by Commissioner Aleman; seconded by Commissioner Malakoff to adopt
the Ordinance as amended on First Reading. Ballot vote: 6-1; Opposed: Commissioner Grieco.
Second Reading Public Hearing is scheduled for July 26, 2017. Rafael E. Granado to notice. Lilia
Cardillo to place on the Commission Agenda, if received. Thomas Mooney to handle.
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After Action June 7, 2017 City of Miami Beach
Commission Meeting
AMENDMENT:
• Look into the 25 -foot exception for solar panels between First and Second Reading;
• Approve inclusion of Town Centers; and
• Not remove the discretion of the Historic Preservation Board nor the Design Review Board.
Thomas Mooney, Planning Department Director, explained that the legislation sets forth two things:
1) additional allowable height exceptions for renewable forms of energy, such as wind turbines and
solar panels; and, 2) it allows for the Historic Preservation Board or the Design Review Board, on a
case by case basis, per Commercial Zoning Districts, up to an additional five feet of height, provided
that a minimum of 12 feet in height measures from base flood elevation is provided at the first level.
This is to ensure that new commercial construction will have a high enough first floor to
accommodate the future raising of streets and sidewalks. The Planning Board recommended that
the Town Center be included; and that the discretion for the Historic Preservation Board and the
Design Review Board be made absolute that it is allowable; however, the Administration does not
agree with the latter. The Planning Board also recommended allowing more flexibility in floor -to -floor
height in upper levels of commercial buildings, that the exception is allowed up to ten feet instead of
five feet, and in order to allow that flexibility the Administration is supportive of the modification.
Commissioner Steinberg explained this was discussed at the Land Use and Development
Committee. She asked for the justification from five to ten feet.
Mr. Mooney explained that the Land Use and Development Committee asked staff to ensure that the
Ordinance was specific to the first level, and that is how the Ordinance was modified. The Planning
Board expressed concerns about the lack of flexibility that the upper levels of the building would
have. On commercial building with a maximum height limit of five stories, 50 feet, if they are required
to do that extra height at the first level, they are still only left with roughly 10 feet floor -to -floor in the
upper levels. The Planning Board suggested allowing the additional five feet to give the property
owner the ability to have a higher floor -to -floor height on the upper levels. After review, they believe
the extra five feet would not be readily perceptible, particularly since most commercial buildings are
now in infrastructures. With allowable height exception, it would not have a negative impact.
Commissioner Arriola is concerned with alternative energy, such as wind turbines and solar systems
on the roof, and asked if the height allowable would go up to 50 feet.
Mr. Mooney explained that the solar panels would be allowed to go up to 25 feet higher than the
highest allowable floor. Currently there are a number of allowable height exceptions beyond what the
maximum allowable in the zoning district is. If the maximum height limit is 50 feet, there are
allowable height exceptions, such as elevators and stairs, but not included in those exceptions are
renewable forms of energy. They wanted to make sure that those types of renewable energy
sources had the ability to avail themselves to the same height exceptions that other current height
exceptions can, which can be up to 25 feet above the maximum allowable height.
Commissioner Arriola does not think he wants wind turbines in buildings, although he is in favor of
renewable sources of energy, but it is unsightly. He added that there will be other technologies in the
future, and suggested delaying this portion.
Discussion held regarding renewable forms of energy.
Mr. Mooney explained that the height exception is only above the maximum number of floors
according to the district. The only thing that can be projected above that is a solar panel. In the case
of a wind turbine, it would take a pole located on top of the roof.
Commissioner Aleman concurs with her colleague that 25 feet is excessive. She will approve the
item on First Reading, but suggested looking into this between First and Second Reading. She
approves the inclusion of the Town Centers, but disapproves removing the discretion of the Historic
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After Action June 7, 2017 City of Miami Beach
Commission Meeting
Preservation Board or the Design Review Board; as she thinks they should be able to review and
authorized.
Commissioner Malakoff agreed and stated that they should look at solar panels but not wind turbines
at this time.
Discussion held.
2:26:27 p.m.
R5 S AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 18 OF THE MIAMI BEACH CITY CODE, ENTITLED
"BUSINESSES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL"; BY CREATING A NEW
SECTION 18-3, TO BE ENTITLED, "HUMAN TRAFFICKING PUBLIC AWARENESS SIGNS,"
WHICH ESTABLISHES THE REQUIREMENT FOR THE PLACEMENT OF HUMAN TRAFFICKING
PUBLIC AWARENESS SIGNS IN THOSE DESIGNATED ESTABLISHMENTS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
First Reading
Office of the City Attorney
Commissioners Micky Steinberg and John Elizabeth Aleman
ACTION: Title of the Ordinance read into the record. Ordinance adopted on First Reading. Motion
made by Commissioner Aleman; seconded by Commissioner Steinberg to adopt the Ordinance on
First Reading. Ballot vote: 6-0; Absent: Commissioner Grieco. Second Reading Public Hearing is
scheduled for July 26, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission
Agenda, if received. Office of the City Attorney and Hernan Cardeno to handle.
Commissioner Aleman explained that this was originated by the Hispanic Affairs Committee; they
recommended that the City Commission consider expanding the County's Human Trafficking
signage. The initial recommendation was to expand through all establishments in Miami Beach, but
this was refined to include restaurants, alcoholic beverage establishments, nightclubs, public lodging
establishments, including urgent care centers facilities or clinics, since these are places where
victims are prone to go for treatment, if needed. She moved the item.
Commissioner Malakoff asked if the City is providing uniform signage for the establishments.
Aleksandr Boksner, Deputy City Attorney, explained that the language is standardized, and the
establishments are required to comply with the Statutory language and State law, and how they
display signs must be sufficient with State law, in terms of language and as long as they are readily
visible.
Page 49 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
10:04:19 a.m.
R5 T AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"ENVIRONMENT," BY AMENDING ARTICLE IV, ENTITLED "NOISE," BY AMENDING SECTION
46-157, ENTITLED "EXEMPTIONS," WHICH MODIFIES THOSE IDENTIFIED EXEMPTIONS THAT
WOULD CONSTITUTE UNNECESSARY AND EXCESSIVE NOISE THAT IS PROHIBITED WITHIN
SECTION 46-152; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
First Reading
Office of the City Attorney
Mayor Philip Levine
ACTION: Title of the Ordinance read into the record. Ordinance adopted on First Reading as is.
See motions below. Ballot vote: 7-0. Second Reading Public Hearing is scheduled for July 26, 2017.
Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Office of
the City Attorney, Chief Daniel Oates and Hernan Cardeno to handle.
MOTION NO. 1:
Motion made by Commissioner Malakoff, seconded by Commissioner Aleman to adopt the
Ordinance as is. Office of the City Attorney to handle.
MOTION NO. 2:
Commissioner Aleman made a motion to have the Administration come back to the July 26, 2017
City Commission meeting with a parking evaluation; seconded by Commissioner Arriola. Approved
by acclamation. Saul Frances to handle.
Commissioner Aleman suggested a distance separation or hours for the CUP operators, to allow
some consideration about distance from where one can hear the sound if doors cannot be closed.
She will vote in favor today, and suggested looking into this between First and Second Reading.
Aleksandr Boksner to handle.
Aleksandr Boksner, Deputy City Attorney, explained that this Ordinance amends Section 46-157
removing the provision where it exempts a portion of 5th to 15th Streets on the west side of Ocean
Drive; therefore, the noise Ordinance will apply to those properties located on 5th to 15th Streets and
Ocean Drive.
Mayor Levine explained that public comment would be heard on Second Reading.
Commissioner Malakoff stated that the noise exemption must be in place and it is necessary to stop
the "carnival" atmosphere in the area.
Commissioner Arriola stated that the 10 -Point Plan took effect on June 1, 2017, and despite new
regulations regarding noise, there are violators on Ocean Drive and there seems to be an
enforcement issue. Noise is a real problem in the area and he agrees with Mitch Novick.
Commissioner Steinberg agreed that noise needs to be remedied.
Commissioner Aleman agreed and asked Deputy City Attorney Boksner to comment on the
businesses that have Conditional Use Permits (CUP). She is concerned about the Clevelander, who
has been in business for 30 years in the City, and structurally, if businesses could close the doors,
the City should make them do that. However, the Clevelander does not have the structural capacity
to close their doors, and if they have CUP what are the implications if they have a CUP.
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Deputy City Attorney Boksner explained that he would review the language of the CUP and see if
there is reference to Code Section 46-152. Those he looked at, he did not find any CUPs that allows
businesses to violate the City's Noise Ordinance.
Commissioner Aleman suggested a distance separation or hours for the CUP operators, to allow
some consideration about distance from where one could hear the sound if doors cannot be closed.
She will vote in favor today, and suggested looking into this between First and Second Reading.
Aleksandr Boksner to handle.
Deputy City Attorney Boksner explained that there are two provisions in the noise Ordinance;
unreasonable, excessive, unnecessary 24 -hours a day seven days a week; and if noise emanates
that is 100 feet or more from the premises between 11:00 p.m. and 7:00 a.m., then they are
presumed to be in violation of the City's Noise Ordinance.
Commissioner Aleman added that the corrections needed to the Noise exemption need to eliminate
to the extent they could the contribution of noise all day long, but they need to work on the
businesses that have the CUPs.
Discussion held.
Commissioner Arriola supports her colleague's suggestion, and in developing the 10 -Point Plan,
members did require the removal of outside speakers; however, there is a grace period until June 1,
2017 before enforcement begins. Noise is a serious issue and he is cautious about the effects on
certain operators, particularly the Clevelander, since they cannot easily comply with the law,
although they have been good corporate citizen and this is part of their business model. He asked
how they could reduce the amount of noise, and at the same time looking at those important
businesses on Ocean Drive. He reiterated that the lighting upgrade along Ocean Drive would be a
significant safety issue improvement. On the Agenda today, the Commission will vote on cutting
back on the hours that liquor stores can sell within the MXE District to 10:00 p.m., which he suggests
rolling back to 8:00 p.m.
Vice -Mayor Rosen Gonzalez stated that noise is a problem with "block party" music. Once this
legislation is adopted, it will affect all businesses in Ocean Drive from 5th to 15th Streets. She
suggested shutting down the noise for a 90 -day period to see if it makes a difference, and evaluate
this through a process of elimination. She suggested including a 90 -days noise shut down period
between First and Second Reading.
Discussion held.
Mayor Levine does not agree and suggested working with Deputy City Attorney Boksner between
First and Second Reading.
Motion made by Commissioner Malakoff, seconded by Commissioner Aleman to adopt the
Ordinance as is.
Commissioner Aleman made a motion to have the Administration come back next month with
parking evaluation; seconded by Commissioner Arriola. By acclamation.
Page 51 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
2:28:34 p.m.
R5 U RM -1 AND RM -2 DEVELOPMENT REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CITY CODE, BY AMENDING CHAPTER 114, "GENERAL
PROVISIONS," AT SECTION 114-1, "DEFINITIONS," BY AMENDING THE DEFINITION FOR LOT
COVERAGE; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM -1 RESIDENTIAL
MULTIFAMILY LOW INTENSITY," AT SECTION 142-55, "DEVELOPMENT REGULATIONS AND
AREA REQUIREMENTS," BY ESTABLISHING MINIMUM AND MAXIMUM YARD ELEVATION,
STORMWATER RETENTION, YARD SLOPE, RETAINING WALL, LOT COVERAGE, GROUND
FLOOR REQUIREMENTS, LIMITATIONS ON LOT AGGREGATION, AND BY INCREASING THE
BUILDING HEIGHT TO 55 FEET FOR PROPERTIES NOT LOCATED WITHIN AN HISTORIC
DISTRICT; BY AMENDING SECTION 145-56, "SETBACK REQUIREMENTS," BY INCREASING
THE PARKING, SUBTERRANEAN, PEDESTAL, AND TOWER SETBACK REQUIREMENTS; BY
AMENDING SUBDIVISION IV, "RM -2 RESIDENTIAL MULTIFAMILY MEDIUM INTENSITY," AT
SECTION 142-216, "DEVELOPMENT REGULATIONS," BY ESTABLISHING MINIMUM AND
MAXIMUM YARD ELEVATION, STORMWATER RETENTION, YARD SLOPE, RETAINING WALL,
AND GROUND FLOOR HEIGHT REQUIREMENTS; BY AMENDING SECTION 142-217, "AREA
REQUIREMENTS," BY INCREASING THE BUILDING HEIGHT TO 65 FEET FOR PROPERTIES
NOT LOCATED WITHIN AN HISTORIC DISTRICT, OR OTHERWISE MORE SPECIFICALLY
DELINEATED WITHIN OTHER DEFINED DISTRICTS OR WITHIN HISTORIC DISTRICTS; AND
BY AMENDING SECTION 145-218, "SETBACK REQUIREMENTS," BY INCREASING THE
PARKING, SUBTERRANEAN, PEDESTAL, AND TOWER SETBACK REQUIREMENTS;
PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
First Reading
Planning
Commissioners John Elizabeth Aleman and Joy Malakoff
ACTION: Title of the Ordinance read into the record. Ordinance adopted on First Reading as
amended. Motion made by Commissioner Aleman; seconded by Commissioners Arriola and
Malakoff to adopt the Ordinance on First Reading as amended. Ballot vote: 7-0. Second Reading
Public Hearing is scheduled for July 26, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on
the Commission Agenda, if received. Thomas Mooney to handle.
AMENDMENT:
• Lot aggregation to remain at no more than two contiguous lots, for development purposes, with
the exception of projects classified as affordable and/or workforce housing.
Thomas Mooney, Planning Department Director, explained that the item originated with the Mayor's
Blue Ribbon Panel on Sea Level Rise; where discussions addressed a new paradigm for residential
multi -family constructions, which have evolved significantly over the decades. With new
requirements for raising buildings and potentially having to raise streets and roadways, staff wanted
to design into the Land Development Regulations the necessary modifications to accommodate that.
The Planning Board transmitted the Ordinance with a favorable recommendation after review and
two recommendations were made: 1) that the lot coverage requirement for the RM -1 Districts be
eliminated, and 2) that the proposed lot aggregation limit be replaced with lot aggregation criteria.
Michael Belush, Chief of Planning, explained that there are several major items included in this
Ordinance, starting with yard elevations. Similar to what the City Commission adopted for single-
family regulations about a year ago, they instituted minimum elevations for yards, as well as raised
the maximum elevation for yards whenever a project is coming for development. Currently the
maximum elevation is 30 inches above grade, but rising that to 30 inches above grade for future
adjust grade, whichever is higher, as elevations rise over time. Currently there is no lot coverage
Page 52 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
requirement for RM -1 or RM -2 properties. The proposal would institute a lot coverage limitation
similar to single family homes of 45% for double lots, it would not institute a lot coverage requirement
for single lots in the RM -1 properties of 45% with the ability of the Design Review Board to weigh in
that requirement. This also includes raising the overall height of RM -1 and RM -2 lots by five feet.
The height limitations for the Districts RM -1 and RM -2 vary throughout the City, so this would not
amend the already existing regulations; however, a separate requirement, as recommended by the
Mayor's Blue Ribbon Panel on Sea Level Rise, would require a 12 -foot clearance to ground floor
from base flood elevation; with the rising of the streets and sidewalk in the future, the first floor could
be raised to base flood elevation, and still have an area that could be usable for residential building.
Included in the Ordinance is the increase to the parking setbacks to align with the building setbacks,
and this would amend to require the parking setback complies with the building setback. Additional
ground floor requirements guidelines include design criteria to internalize the conduits, and those
elements cannot be visible or concealed from the street. There are also proposed limitations on
aggregation of lots.
Commissioner Malakoff likes the Planning staff's recommendation, but has difficulty with some of the
Planning Board's recommendations. She believes the lot aggregation should remain at no more than
two contiguous lots, for development purposes, with the exception of projects classified as affordable
and/or workforce housing. Three or more aggregated lots must be separated in some way, so there
is not one monolithic building. They should maintain the aggregation of two lots, as they must keep
the scale of the neighborhood and not have larger buildings. The lot coverage requirements for RM -
1 Districts of 45% should be included, but the Design Review Board can have the ability to waive it if
it makes sense.
Vice -Mayor Rosen Gonzalez agreed that aggregations should remain at two lots, and asked about
permeable pavers.
Discussion held.
Mr. Mooney explained that in his experience, it is actually cheaper to do pavers than asphalt, and
pavers are permeable.
Commissioner Aleman clarified that this Ordinance is Citywide for RM -1 and RM -2 Districts, and is
not limited to North Beach; she is in agreement with the lot aggregation flexibility if it is workforce
and/or affordable housing to go to three lots. She asked, in reference to Page 1107, that shows
current versus proposed lot coverage, and on double lots, 45% including building and parking. She
inquired if that would necessitate the parking being in the building, which eliminates surface parking
lots.
Mr. Mooney explained that as long as the parking lot meets the pedestal setbacks in this permeable
space that may be mitigation for the Design Review Board to waive the lot coverage requirement if it
is a small building.
Page 53 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
2:40:21 p.m.
R5 V MULTI -FAMILY RESIDENTIAL PARKING:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CITY CODE, BY AMENDING CHAPTER 130, "OFF-STREET
PARKING," DIVISION II, "DISTRICTS; REQUIREMENTS," AT SECTION 130-32, "OFF-STREET
PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," BY ELIMINATING THE PARKING
REQUIREMENTS FOR APARTMENT BUILDINGS ON LOTS THAT ARE 65 FEET IN WIDTH OR
LESS, AND BY REDUCING THE PARKING REQUIREMENTS FOR APARTMENT BUILDINGS ON
LOTS WIDER THAN 65 FEET; AND BY AMENDING SECTION 130-38, "MECHANICAL AND
ROBOTIC PARKING SYSTEMS," BY ESTABLISHING CONDITIONS UNDER WHICH
MECHANICAL PARKING IN APARTMENT BUILDINGS AND SINGLE FAMILY HOMES MAY BE
REVIEWED AND APPROVED BY THE DESIGN REVIEW BOARD OR HISTORIC PRESERVATION
BOARD AS APPLICABLE; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
First Reading
Planning
Commissioners John Elizabeth Aleman and Joy Malakoff
ACTION: Title of the Ordinance read into the record. Ordinance adopted on First Reading as is.
Motion made by Commissioner Aleman; seconded by Commissioner Malakoff to adopt the
Ordinance on First Reading. Ballot vote: 7-0. Second Reading Public Hearing is scheduled for July
26, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received.
Thomas Mooney to handle.
Thomas Mooney, Planning Department Director, stated that this is the parking component, and as
part of the discussions, in order to conform to setback requirements, a proposal has been set forth to
reduce the mandatory parking requirement. It does not prohibit parking, but gives property owners
more options, specifically in RM -1 and RM -2 Districts, on lots that are 65 feet or less, where there
shall be no parking requirement, as long as secured storage for alternative transportation is
provided. For apartment buildings located in lots greater than 65 feet in width, the parking
requirements would be reduced to one space per unit for units between 500 and 1,600 square feet,
and 2 spaces per unit for those units above 1,600 square feet. The Planning Board recommended
simplifying the parking requirement to one space for residential unit, regardless of the size of the
unit, and the Administration is supportive of that change, as the number of parking spaces is dictated
by the operational needs of the property owner. In those instances where they need two spaces per
unit, they could still provide that regardless of the size of the lot without having an FAR penalty. The
other component is concerning mechanical parking, and it reduces the requirement slightly for
smaller types of mechanical parking type development, specifically mechanical parking can be
approved by the Historic Preservation Board and the Design Review Board without going to the
Planning Board for 20 units or less. The Administration recommends adoption of the Ordinance.
Vice -Mayor Rosen Gonzalez stated that there are neighborhoods that suffer due to lack of parking,
and asked Mr. Mooney for justification to these parking requirements.
Mr. Mooney added that over the past years, with the proliferation of Uber and Lyft, less people are
choosing to own cars, but there is less of the need for onsite parking storage. The Ordinance, as
proposed, does not remove the ability for someone to provide onsite storage. Things change over
time, and as the area is redeveloped, new construction proposed for those lots could provide onsite
parking.
Vice -Mayor Rosen Gonzalez is concerned with lack of parking.
Commissioner Aleman prefers the proposed regulations for parking by staff on Page 1134, but is not
in favor of the Planning Board's further reduction at this time.
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After Action June 7, 2017 City of Miami Beach
Commission Meeting
Discussion held.
Commissioner Malakoff agrees with two spaces provided when units are greater than 1,600 square
feet. In answering Vice -Mayor Rosen Gonzalez, she stated that on lots less of 65 feet not having to
provide any parking, she has problems with that as well, since cars are still driven. However, the
market controls that. If a developer is building the property, if the demand requires it, he will build a
parking garage; on with larger units, it will not count against it. She is in favor of the Ordinance as
written.
Commissioner Aleman moved the item as is, and clarified that this is a Citywide Ordinance;
seconded by Commissioner Malakoff.
2:49:19 p.m.
R5 W NONCONFORMING BUILDINGS - SUSTAINABILITY REQUIREMENTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY
OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," BY AMENDING ARTICLE IX, "NONCONFORMANCES," TO CLARIFY AND
UPDATE CERTAIN TERMS AND DESCRIPTIONS, AND TO PROVIDE MORE DEFINED
PARAMETERS FOR WHAT CONSTITUTES A NONCONFORMING STRUCTURE, AND TO
ESTABLISH REVISED STANDARDS FOR NON -CONFORMING STRUCTURES; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
First Reading
Planning
Commissioners John Elizabeth Aleman and Joy Malakoff
ACTION: Title of the Ordinance read into the record. Ordinance adopted on First Reading. Motion
made by Commissioner Malakoff; seconded by Commissioner Arriola to adopt the Ordinance on
First Reading. Ballot vote: 6-0; Absent: Vice -Mayor Rosen Gonzalez. Second Reading Public
Hearing is scheduled for July 26, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the
Commission Agenda, if received. Thomas Mooney to handle.
Thomas Mooney, Planning Department Director, introduced the item. The Ordinance originated from
the Mayor's Blue Ribbon Panel on Sea Level Rise, and was endorsed by the Land Use and
Development Committee and the Planning Board. The Ordinance makes minor modifications to the
nonconforming buildings section of the Code; it requires that those buildings or structures that are
nonconforming and exceeding the 50% rule comply with the sustainability and resiliency
requirements in Chapter 133 of the Code. It creates exceptions for contributing buildings in Historic
Districts that would not have to comply with that. For buildings outside Historic Districts built before
1965 and considered architecturally significant, they would get a reduced fee. There is minor clean
up language reflected. The Administration recommends approval.
Page 55 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
2:59:42 p.m.
R5 X SINGLE FAMILY HOME INTERIOR SIDE YARD LANDSCAPE STANDARDS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, BY AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 2, "RS -1, RS -2, RS -3, RS -
4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," BY CREATING MINIMUM LANDSCAPE
STANDARDS WITHIN A REQUIRED INTERIOR SIDE YARD; PROVIDING CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
First Reading
Planning
Vice -Mayor Kristen Rosen Gonzalez
ACTION: Title of the Ordinance read into the record. Ordinance not adopted on First Reading.
Item referred to the Land Use and Development Committee. Motion made by Vice -Mayor Rosen
Gonzalez to refer the item back to the Land Use and Development Committee to discuss hedges
versus other screening possibilities and the height, and bring back in July, 26, 2017 for First
Reading. The referral to the Land Use and Development Committee was approved by acclamation.
First Reading is scheduled for July 26, 2017. Lilia Cardillo to place on the Commission Agenda, if
received. Thomas Mooney to place on the Committee Agenda and to handle.
REFERRAL:
Land Use and Development Committee to discuss hedges versus other screening possibilities and
height.
Thomas Mooney, Planning Department Director, introduced the item, which has been endorsed by
the Land Use and Development Committee and the Planning Board. It would amend Section 142-
105 of the City Code pertaining to single-family development regulations by requiring that new
single-family construction incorporate landscape hedge material planted at a minimum height of six
feet within the entire interior side yard. This is to ensure that new construction, which is now at a
higher grade, will have adequate buffering of the lower neighbor, and would be something above at
some point what an allowable fence would be.
Vice -Mayor Kristen Rosen Gonzalez is in favor of the Ordinance and hopes her colleagues support
the item. She explained that she is having one of these houses built next to her home and it is much
higher than her house.
Commissioner Aleman likes hedges, and she understands the intent; however, she asked to
consider this for a moment; the way it is drafted, it reads that the City would require a homeowner to
install a hedge at a minimum of six feet in height from the back of the property all the way to the
front.
Vice -Mayor Rosen Gonzalez stated that the hedge needs to be 12 or 15 feet eventually. The
difference in the cost of a plant is roughly $30 per plant, but the developers who are developing
these homes are definitely making enough money to pay for a little higher hedge. At the same time,
you save many people from having to either plant the hedge themselves or lose the privacy of their
home.
Commissioner Aleman is not in favor of this item. This would require someone to install a hedge all
the way from the back to the front, at an initial height of six feet. She thinks it is not well thought
through and it is over regulation and overly homogenous, since some people do not like hedges;
additionally, six feet is too high as an initial height.
Discussion held.
Page 56 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
Commissioner Malakoff stated the hedge should not be required. Most developers currently
developing new homes are putting in landscaping, because many are white square boxes and they
needed to soften the look by adding different hedges materials around the homes and the sides, but
it should not be a requirement.
Discussion held.
Vice -Mayor Rosen Gonzalez stated that the language could be changed, but there should be some
sort of screening at the cost of the builder of the cement box. This could be discussed through
between First and Second Reading, and asked if there was consensus to provide hedges of four feet
rather than six feet.
Mayor Levine suggested reviewing language.
Commissioner Aleman suggested referring the item to committee, as there is a great deal of work
that needs to be done. This is not an Ordinance targeted only at developers, but it is targeted at
everyone, and not everyone likes hedges; there are other options.
Commissioner Steinberg approved of the item at the Land Use and Development Committee;
conceptually they agree, but the issue maybe is the type or the hedge, and what are the
requirements. She suggested referring the item back to the Land Use and Development Committee
to discuss those components; however, she likes it conceptually.
Commissioner Arriola stated that he just received a text from Barry Miller, a well-respected
landscape architect, who stated that four to five feet is better to allow for diversity, and suggested
studying this further.
Discussion continued.
Motion made by Vice -Mayor Rosen Gonzalez to refer the item back to the Land Use and
Development Committee to discuss hedges versus other screening possibilities and the height, and
bring back in July for First Reading. Referral approved by acclamation.
2:51:24 p.m.
R5 Y PARKING DISTRICT NO. 1:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY
OF MIAMI BEACH, BY AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE II
"DISTRICTS; REQUIREMENTS", TO ALLOW OFF-STREET PARKING TO BE PROVIDED IN
PARKING DISTRICT NO. 1 FOR USES THAT DO NOT HAVE REQUIRED PARKING; PROVIDING
FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
First Reading
Planning
Commissioner Joy Malakoff
ACTION: Title of the Ordinance read into the record. Ordinance adopted on First Reading. Motion
made by Vice -Mayor Rosen Gonzalez; seconded by Commissioner Steinberg to adopt the
Ordinance on First Reading. Ballot vote: 7-0. Second Reading Public Hearing is scheduled for July
26, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received.
Thomas Mooney to handle.
DIRECTION:
Commissioner Steinberg and Thomas Mooney to draft language between First and Second Reading.
Page 57 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
Thomas Mooney, Planning Department Director, introduced the item. This Ordinance includes a
minor text amendment to Chapter 130 having to do with parking requirement. This allows property
owners to provide that operational parking not to exceed the required parking limits and not have the
FAR counted.
Commissioner Steinberg is not opposed to the Ordinance, but it seems interesting to her that they
just adopted an Ordinance de -incentivize people from parking, and now they are discussing
legislation incentivizing adding parking. She suggested limiting the scope.
Mr. Mooney can bring back a revised text that creates more of a limit, but explained that the trend is
more towards not providing parking, and those that have added parking are looking into ways to
repurpose the space. They could come back with some language attempting to limit the scope.
Thomas Mooney to handle.
Vice -Mayor Rosen Gonzalez suggested that they pay the impact fee.
Discussion held.
Mr. Mooney explained that the person requesting this, the owner of the Sherry Frontenac, have a
basement level that they would like to convert to off street parking, but due to the City Code, they do
not have a parking requirement; if they were to provide parking, it would count in the FAR, so they
are over the FAR; therefore, they would not be able to do that.
Discussion continued.
Monica Entin, representing Sherry Frontenac, stated that these buildings are special, they are
historic or contributing, but it is important to know that since they are historic, the uses contained
within those buildings do not have a parking requirement, so there is no impact fee payment involved
and there is no parking requirement. This has created an issue. In areas more heavily trafficked and
congested, such as South Beach, they have an excess of parking, and she does not think they
necessarily need parking for apartment buildings as they are in a walkable area, but properties along
the ocean that have been around for 50 to 60 years, they have no parking and there is no parking in
the area. These buildings being restored to compete with neighbors are truly unable to compete, as
people cannot park in order to visit the facility. There is no area parking, so these buildings need to
be able to compete; they need to make better buildings and improve this historic situation, but also
be able to get people there and provide parking. The restriction was to apply this Ordinance to the
RM -1 to buildings in the Historic District that are contributing; therefore, it limits which buildings could
add that parking without counting towards the FAR. She answered Vice -Mayor Rosen Gonzalez that
there is no impact fee involved, as there is no parking requirement, and they are trying to provide
parking without being penalized by FAR.
Discussion continued.
Commissioner Malakoff added that this legislation helps preserve these historic buildings.
Motion made by Vice -Mayor Rosen Gonzalez; seconded by Commissioner Steinberg.
Commissioner Steinberg will work with Mr. Mooney between First and Second Reading.
Page 58 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
3:07:38 p.m.
R5 Z FAENA DISTRICT OVERLAY- WORKS OF ART AMENDMENT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY
OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS"
ARTICLE III "OVERLAY DISTRICTS", DIVISION 10 "FAENA DISTRICT OVERLAY", TO ALLOW
WORKS OF ART IN THE FAENA DISTRICT OVERLAY TO ENCROACH INTO THE REQUIRED
YARDS SUBJECT TO COMPLIANCE WITH MINIMUM STANDARDS; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
First Reading
Planning
Commissioner John Elizabeth Aleman
ACTION: Title of the Ordinance read into the record. Ordinance adopted on First Reading. Motion
made by Commissioner Aleman; seconded by Commissioner Malakoff to adopt the Ordinance on
First Reading. Ballot vote: 7-0. Second Reading Public Hearing is scheduled for July 26, 2017.
Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas
Mooney to handle.
Commissioner Aleman stated that Faena has a fantastic work of art that is displayed as part of a
program; it is an incredible piece and under the current Ordinance, they would have to remove it.
This would allow works of art to be placed within the setbacks. She pointed out that the Historic
Preservation Board would have to review each instance, so it would not be without oversight, within
required yards and subject to a Certificate of Appropriateness.
5:07:59 p.m.
R5 AA COMPREHENSIVE PLAN AMENDMENT - WEST 600 BLOCK OF WASHINGTON AVENUE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, PURSUANT TO THE PROCEDURES IN SECTION 163.3184(3), FLORIDA STATUTES,
TO AMEND THE FUTURE LAND USE MAP OF THE MIAMI BEACH COMPREHENSIVE PLAN, BY
CHANGING THE DESIGNATION FOR THE PARCEL LOCATED ON THE WEST PORTION OF
THE 600 BLOCK OF WASHINGTON AVENUE, FROM THE CURRENT DESIGNATION OF RM -2,
"RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY", TO THE PROPOSED DESIGNATION OF
CD -2, "COMMERCIAL, MEDIUM INTENSITY"; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
5:01 p.m. Second Reading Public Hearing
First Reading PH on May 17, 2017 - R5 D
Planning
Commissioner Michael Grieco
ACTION: Title of the Ordinance read into the record. See companion item R5 AB. Public Hearing
held. Item opened and continued to September 13, 2017. Motion made by Commissioner Grieco
to open and continue the item to September 13, 2017; seconded by Commissioner Aleman. Ballot
vote: 7-0. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to
handle.
Thomas Mooney, Planning Department Director, introduced the item. This item has a companion
item, R5 AB, which deals with rezoning. This affects the 600 block of Washington Avenue on the
west side. Currently this block is zoned RM -2, and the properties to the immediate north are zoned
CD -2, and the properties to the immediate south are zoned CPS -2. This proposed rezoning and
comprehensive plan amendment was approved on First Reading on May 17, 2017, and the
Page 59 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
Commission referred a separate Ordinance to the Planning Board, to amend Section 142-309 of the
City Code, to address the specific issues regarding the allowable uses within this area. The
Administration recommends that the Compressive Plan Ordinance be adopted.
Mickey Marrero, representing LBL Development, LLC, explained that they met with the neighbors,
including the Flamingo Park Association. Mr. Marrero showed a rendering of what the Angler's Hotel,
which is being completed, will look like. This proposed Ordinance fixes something in the zoning map
that should have been fixed long ago. It allows this property to have the same incentives and
benefits as every other property in the Washington Avenue corridor. It will allow the Angler's Hotel to
apply to apply for a conditional use permit, allowing it to go before the Planning Board to obtain the
full food and beverage program that the hotel is entitled to.
Commissioner Arriola notified Mr. Marrero that he is now having trouble with this item. In light of The
Miami Herald article yesterday, talking about a PAC that is purported to exist in Miami Beach, and
Mr. Marrero's client, the Angler's Hotel, donated to that PAC. Commissioner Arriola is troubled
because they do not know enough about this PAC. One of his colleagues has been said to be linked
to the PAC, and there is a substantial donation from Mr. Marrero's client, The Angler's Hotel, to the
PAC. Since no one knows anything about it, Commissioner Arriola would like to take this opportunity
to ask Mr. Marrero's client what is the nature of the PAC, the contribution, what is behind it, and does
that have any bearing with what he is voting on today. This City Commission passed comprehensive
legislation last year to close the loophole on influence peddling, and today the City Commission is
being asked to make a significant zoning amendment. There has been a substantial donation to a
PAC that is linked to one of his colleagues, and out of fairness to his colleague, Commissioner
Arriola would like to see that cloud removed, and if it is not removed, Commissioner Arriola cannot
vote for this item.
Mr. Marrero responded that he is not familiar with that issue, as he is familiar only with the merit of
the item. Mr. Marrero has been working on this item for over one year. This started with discussion
with City staff, which is supportive of the item. The item was taken to the immediate neighbors,
including the Flamingo Park Neighborhood Association, were they in detail explained the proposal
and received their support. Mr. Marrero's client also supported the Planning Department's
companion Ordinance. Therefore, from a zoning and planning perspective, this item makes all the
sense in the world. It is an un -spot zoning of something that should have happened some time ago.
Now that someone has taken the incentive to redevelop this property — it is finally happening. Mr.
Marrero reported that his involvement has been solely from a zoning standpoint. The Historic
Preservation Board very substantially approved this item. As to the other collateral matters, that is
not what they are here on. They are here on the merits of the item.
Commissioner Arriola stated that possibly Mr. Marrero is not the person to be answering his
question, and he respects that. Commissioner Arriola is not implying that Mr. Marrero's client did
anything wrong. However, the Commission has a great deal of responsibility, and there is a headline
story in today's newspaper, saying that there is a very active and large PAC working in Miami Beach,
and Mr. Marrero's client is one of the major donors to the PAC; today we have a piece of significant
zoning legislation before the Commission, and the City Commission passed, and the public
supported, ethical reform to prevent this kind of appearance of conflict of interest and influence
peddling. Commissioner Arriola commented that he is being asked to vote on something today
where there is a cloud over the project and on Mr. Marrero's client because of that PAC and the
donation that was made. Until that is cleared up, Commissioner Arriola cannot vote for this or
anything linked to that PAC.
Page 60 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
City Attorney Raul J. Aguila clarified that what Commissioner Arriola is referring to is the City's
campaign finance laws. Based on City Ordinances, it is not prohibited — in other words, a real estate
developer could contribute to a PAC. What is prohibited under the City's Code is that a contributor
cannot be solicited by a candidate or a Commissioner seeking office to contribute to a PAC, directly
or indirectly. City Attorney Aguila wanted to clarify that contributions to PACs are allowed, it just the
solicitation of the contribution by a candidate or a Commissioner that is not allowed.
Mayor Levine stated that he has the same concerns as Commissioner Arriola. Mayor Levine likes
this project, and he would like to vote for it. However, he needs to understand more about what
happened and what is going on. Mayor Levine cannot vote for this item right now. Mayor Levine
suggested that this item needs to come back in the future, when it is cleared up.
Mark Lawrence, one of the owners of the Angler's Hotel, stated that he does not know what
Commissioner Arriola and Mayor Levine are referring to, he does not know what article
Commissioner Arriola has been referring to, and as far as donating to a PAC, he does not know what
they are talking about.
Commissioner Arriola asked Mr. Lawrence to find out who made the donation and what the purpose
of it was.
Mr. Lawrence stated that he does not know if there was a donation, but he could find out.
Commissioner Arriola asked Mr. Lawrence to come back to the City Commission with the
information.
Mr. Marrero added they have spent a great deal of time on this item, and have worked very hard with
the neighbors and City staff, and the City Commission has something before them today,
irrespective of whatever noise there is in the background, is something that from a planning, zoning,
staff and neighborhood perspective has been supported at every step unanimously up until this
point. There has never been an objection.
Mayor Levine reiterated that he would like to vote for it, but he just cannot do it right now.
Commissioner Malakoff stated that when Mr. Marrero first brought the item to her, she said it looked
like spot zoning, but then Mr. Marrero pointed out that this is the only property that is zoned RM, and
it is surrounded by commercial, so she felt better. Now, it is as if a cloud is hanging over the item. Is
it quid -pro -quo? Was there a donation made in order to get this item to the Commission?
Commissioner Malakoff would feel better also if they find out the answers to these questions. Maybe
it is not true.
City Attorney Aguila stated that because this item requires a 5/7 votes, and there may not be the
required 5/7 vote today, then perhaps what the Commission may want to do is open and continue
the public hearing.
Commissioner Arriola stated that he is not going to vote for it until this is clarified. It is nothing
against this project, although he did have concerns that it could be viewed as spot zoning. The City
Commission has a responsibility, and he does not agree to overlook this without obtaining additional
information. Commissioner Arriola stated that this is nothing against Mr. Marrero's clients, and
Commissioner Arriola is not saying that Mr. Marrero's client did anything wrong. Commissioner
Arriola added that Mr. Marrero's clients are probably within their legal rights to donate to whomever
they want. However, there is a very significant issue that is facing the City, and Commissioner Arriola
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suspects it will get larger, and for Commissioner Arriola to sit blindly, when he has the opportunity to
ask questions to people who donated to a PAC that nothing is known about, he would not be doing
his job. It is their jobs as elected officials to investigate when there are things that the public has
questions about.
Mayor Levine stated that he too would like to understand and learn more about the spot zoning,
which concerns the Mayor.
Mr. Marrero stated that this item is actually the antithesis of spot zoning; it is the only block in the
entire corridor that is not this zoning. It is fixing an error. If the Commission wants to open and
continue the item, obviously that is what will happen.
Mayor Levine stated that opening and continuing the item sounds like the best idea based on what
the Mayor is hearing.
Vice -Mayor Rosen Gonzalez stated that it seems unfair. There was a PAC last election cycle as well,
known as Relentless for Progress. The applicant does not need to suffer because of interpersonal
conflicts on the dais. Vice -Mayor Rosen Gonzalez commented that it seems unfair and does not
seem right. Vice -Mayor Rosen Gonzalez does not like this type of politicking; it seems wrong and
similar to bullying. Vice -Mayor Rosen is opposed to the "slate mentality." Vice -Mayor Rosen
Gonzalez suggested voting on the item.
Mayor Levine stated that if Vice -Mayor Rosen Gonzalez wanted to move for the passage of the item
she could. However, based on the comments from the Commission it does not appear that it will
pass. Nevertheless, based on the comments made by his colleagues, the Mayor's recommendation
is to open and continue the item. The sponsor may do whatever he likes to do.
Motion by Commissioner Grieco to open and continue Items R5 AA and R5 AB to September 13,
2017; seconded by Commissioner Aleman. Voice vote: 7-0.
Vice -Mayor Rosen Gonzalez apologized to the applicant.
Handouts or Reference Materials:
1. Ad No. 1322 & 1322B published in The Miami Herald
2. Ad No. 1341 published in The Miami Herald
3. Copy of Notice and labels mailed May 3, 2017.
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R5 AB
REZONING - WEST 600 BLOCK OF WASHINGTON AVENUE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-
72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL WESTERN PORTION OF THE 600 BLOCK OF
WASHINGTON AVENUE, FROM THE CURRENT ZONING CLASSIFICATION OF RM -2,
"RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY", TO THE PROPOSED ZONING
CLASSIFICATION OF CD -2, "COMMERCIAL, MEDIUM INTENSITY"; AND PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
5:02 p.m. Second Reading Public Hearing
First Reading PH on May 17, 2017 - R5 C
Planning
Commissioner Michael Grieco
ACTION: See companion item R5 AA. Item opened and continued to September 13, 2017.
Motion made by Commissioner Grieco to open and continue the item to September 13, 2017;
seconded by Commissioner Aleman. Voice vote: 7-0. Lilia Cardillo to place on the Commission
Agenda, if received. Thomas Mooney to handle.
Item heard in conjunction with item R5 AA.
Handouts or Reference Materials:
1. Ad No. 1322 & 1322B published in The Miami Herald
2. Ad No. 1341 published in The Miami Herald
3. Copy of Notice and labels mailed May 3, 2017.
5:03:07 p.m.
R5 AC AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 142 "ZONING DISTRICT REGULATIONS;" AMENDING
ARTICLE 1, "IN GENERAL" TO BE ENTITLED "GENERAL TO ALL ZONING DISTRICTS;" AT
SECTION 142-1 TO BE ENTITLED: "GAMBLING AND CASINOS USES ARE PROHIBITED IN THE
CITY OF MIAMI BEACH;" PROHIBITING MAIN, CONDITIONAL AND ACCESSORY USES
RELATING TO GAMBLING AND CASINOS; PROVIDING FOR EXEMPTIONS UNDER STATE
LAW; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
5:03 p.m. Second Reading Public Hearing
First Reading PH on May 12, 2017 - R5 B
Planning
Commissioner Joy Malakoff
and Co -Sponsored by Commissioners Ricky Arriola & Michael Grieco
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4104
adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Arriola to adopt the
Ordinance. Ballot vote: 7-0. Thomas Mooney to handle.
Eve Boutsis, Chief Deputy City Attorney, explained the item. This is the same Ordinance that was
seen on First Reading, with one addition, at the end of the Ordinance it now requires a 6/7 vote of
the City Commission to repeal or modify the Gambling prohibition. The prohibition still recognizes the
existing exemptions, which would include things like the lottery, penny -ante games or card rooms for
condominium associations.
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Alex Heckler, representing The Fontainebleau Miami Beach, whom Mr. Heckler identified as one of
the City's largest employers, taxpayers and collectors of resort tax. His client understands the
Commission's concern about the potential effects of gambling in the City of Miami Beach, but they
urge the Commission to consider the bigger picture, consider the negative impacts of a super -sized
gaming facility on the other side of the MacArthur Causeway; consider the impact to the City's
tourism industry — the City's hotels, restaurants, and mom and pop businesses; and consider the
impacts to the City of the resort tax collections — a multimillion dollar reduction in resort tax could
force future Commissions to increase property taxes to maintain the same level of service. Before
the Commission moves forward on this Second Reading, Mr. Heckler urges the City Commission to
follow Section 5.02 of the City Charter, which states, "The City of Miami Beach shall consider long-
term economic impact, at least 5 years out, of all proposed legislative actions."
Frank Del Vecchio, addressing Mr. Heckler, stated that Mr. Heckler must have read the statement
from his last appearance on this item, because the City has included an economic impact study in
conformance with the Charter. Mr. Del Vecchio believes the proposed Ordinance is ready to go. Mr.
Heckler's concerns about losing revenues is not well taken; the studies have shown that if there
would be gambling in the City of Miami Beach, it would drain revenues from existing business. He
speaks for many residents who feel that this proposal is a well -considered Ordinance with a rational
purpose, and should be enacted.
Vice -Mayor Rosen Gonzalez suggested putting this on the ballot.
Mayor Levine stated that he does not see any reason to include this proposal as a ballot question.
Vice -Mayor Rosen Gonzalez responded that she is curious to see what the people want regarding
gambling. There is a perception that none of the residents in Miami Beach favor gambling; but Vice -
Mayor Rosen Gonzalez is curious to learn what the majority of the people want on this subject, and
she would follow whatever the majority wanted on this subject.
Commissioner Grieco stated he has not received many pro -gambling emails, or seen people with
"matching t -shirts" supporting gambling in the City.
Motion made by Commissioner Malakoff; seconded by Commissioner Arriola to adopt the
Ordinance. Ballot vote: 7-0.
Commissioner Malakoff is happy to have sponsored this item.
Commissioner Arriola commented that he is happy to have co-sponsored it as well.
Commissioner Malakoff stated that it is wonderful that they passed this Ordinance, and she applauds
whomever had the idea of putting in the 6/7 vote requirement.
City Attorney Raul Aguila clarified that the economic impact statement is contained in the
Commission memorandum, and is attached to the Ordinance. The economic impact statement was
provided and the Administration has complied with the Charter.
Handouts or Reference Materials:
1. Ad No. 1334 published in The Miami Herald
2. Ad No. 1342 published in The Miami Herald
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5:20:21 p.m.
R5 AD AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 18, "BUSINESSES," AT ARTICLE V, "CARDROOMS" TO BE
ENTITLED "RESERVED;" AMENDING SECTIONS 18-171 THROUGH 18-179, TO BE ENTITLED
"RESERVED" DELETING ALL REFERENCE TO CARDROOMS IN CHAPTER 18; CHAPTER 102
"TAXATION," ARTICLE V, "LOCAL BUSINESS TAX," AT SECTION 102-356 ENTITLED
"CONSTRUCTION OF ARTICLE; DEFINITIONS" BY REMOVING THE DEFINITION OF
"CARDROOMS"; AND SECTION 102-379, ENTITLED "SCHEDULE OF TAXES, EFFECTIVE
OCTOBER 1, 2016" TO REMOVE THE BUSINESS TAX FEE FOR "CARDROOMS;" PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
5:04 p.m. Second Reading Public Hearing
First Reading on May 12, 2017 - R5 C
Office of the City Attorney
Commissioners Michael Grieco & Joy Malakoff
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4105
adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Arriola to adopt the
Ordinance. Ballot vote: 7-0. Office of the City Attorney to handle.
Eve Boutsis, Chief Deputy City Attorney, explained the item. This is to remove an obsolete section of
the City Code, which relates to cardrooms. It has not been used in over 30 years, and so as ensure
that there is not any confusion in gambling.
Handouts or Reference Materials:
1. Ad No. 1334 published in The Miami Herald
2. Ad No. 1342 published in The Miami Herald
5:21:03 p.m.
R5 AE PACKAGE LIQUOR STORE DISTANCE SEPARATION:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 6, "ALCOHOLIC BEVERAGES", ARTICLE I, "IN GENERAL",
SECTION 6-4, "LOCATION AND USE RESTRICTIONS", TO AMEND AND INCREASE THE
DISTANCE SEPARATION BETWEEN RETAIL STORES FOR OFF -PREMISES CONSUMPTION
FROM 300 FEET TO 1500 FEET, AND TO AUTHORIZE THE PLANNING BOARD TO GRANT A
CONDITIONAL USE PERMIT TO OPERATE A RETAIL STORE FOR OFF -PREMISES
CONSUMPTION AT A LESSER DISTANCE, PROVIDED THAT IN NO EVENT SHALL SUCH A
STORE OPERATE AT A DISTANCE LESS THAN 700 FEET FROM AN EXISTING STORE;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
5:05 p.m. Second Reading Public Hearing
First Reading PH on May 17, 2017 - R5 G
Planning
Commissioner Joy Malakoff and Co -Sponsored by Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4106
adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Arriola to adopt the
Ordinance. Ballot vote: 7-0. Thomas Mooney to handle.
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Thomas Mooney, Planning Department Director, introduced the item. This item was approved at
First Reading on May 17, 2017. It did contain the new language regarding the 700 -foot limitation,
subject to Planning Board approval. It also included maps that show the 700 -foot distance limitation,
and the Administration recommends that the Ordinance be adopted.
Handouts or Reference Materials:
1. Ad No. 1335 published in The Miami Herald
2. Ad No. 1342 published in The Miami Herald
5:22:27 p.m.
R5 AF MODIFICATIONS TO THE WEST AVENUE BAY FRONT OVERLAY:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING
CHAPTER 114, "GENERAL PROVISIONS," SECTION 114-1, "DEFINITIONS," TO DEFINE
"HOSTEL" AND TO AMEND THE DEFINITION OF "RESTAURANT"; AND AMENDING CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE III, "OVERLAY DISTRICTS,"
DIVISION 5, "WEST AVENUE BAY FRONT OVERLAY," SECTION 142-845, "SUITE HOTEL AND
BED AND BREAKFAST INN OVERLAY," TO AMEND THE CRITERIA FOR SUITE HOTEL UNITS
AND ACCESSORY DINING ROOMS, AND TO PROHIBIT HOSTELS; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
5:06 p.m. Second Reading Public Hearing
Planning
First Reading PH on May 17, 2017 - R5 K
Commissioner Joy Malakoff
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4107
adopted as amended. Motion made by Commissioner Malakoff to approve the Ordinance as
amended to include the modification to Section 114-1, which reads, "The transient resident
occupancy of a hostel, within a residential zoning district, shall not exceed the following limits per
individual unit..." seconded by Commissioner Aleman. Ballot vote: 6-0; Absent: Commissioner
Grieco. Thomas Mooney to handle.
REFERRAL:
The draft referral Ordinance, which modifies the definition of "Hostel" and creates criteria, standards,
allowable and prohibited Districts and occupant limits for hostels was referred by acclamation, 6-0,
with Commissioner Grieco absent, to:
• The Land Use and Development Committee — Thomas Mooney to place on the Committee
agenda and to handle.
• The Planning Board — Michael Belush to place on the Board agenda. Thomas Mooney to
handle.
Thomas Mooney, Planning Department Director, introduced the item. This was approved on First
Reading on May 17, 2017. When the Ordinance was approved, the Commission at First Reading left
in the occupational limits that were proposed under the definition of hostel that was created under
the Ordinance. The Commission also directed the Administration to evaluate the zoning districts
were hostels would be most appropriate and where occupational limits may be appropriate. In this
regard, the Administration has come up with a draft referral Ordinance, which if acceptable to the
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Commission sets forth drafts areas that could accommodate hostels without occupational limits, and
the Administration is recommending that this particular proposed Ordinance be referred to the Land
Use and Development Committee and the Planning Board as part of the approval of the Ordinance
being considered today.
Monica Entin, representing Al Lieberman, the Lieberman Group, South Beach Groups Hotels,
explained she is very happy with what Mr. Mooney has prepared as a referral item going forward.
However, she continues to have the same problem today that she had last month. What is moving
forward is excellent, because it has a definition of what a hostel is, and it sets forth the parameter of
which districts can have hostels, and under which circumstances with respect to occupancy.
However, what is being asked of the City Commission today is to pass this proposed Ordinance
amendment that sets forth the occupancy for hostel units, in the same exact fashion for the RM
Residential Multifamily to the Commercial Districts. What is being asked of the City Commission
today is to pass this, so that the Commercial Districts have to comply the same way as the
Residential Districts have to comply. Then the Administration is saying that it will be further amended
down the line. In the meantime, those Commercial Districts are impacted because the City
Commission will be restricting them in the same fashion as Residential Districts. This started
because of a West Avenue Overlay, and the West Avenue protections, and she understands this. In
2013, she was part of the group that negotiated with the City a reduction of the uses that could
happen on West Avenue. There were restrictions on uses and grandfathering of certain business
that were there, as well as protections for West Avenue. This further protects West Avenue, for
future instance and limitations of occupancy, but this Ordinance also seeks to do exactly the same
occupancy in Commercial Districts that is being proposed in Residential Districts. Ms. Entin's client
owns properties in the CD -3, MXE and CD -2, on commercial streets — Collins Venue, Washington
Avenue, streets that are the right place to have hostels, and even under the future Ordinance, it is
the right place to have them. However, right now, the Commission is being asked to vote on hostel
as though they were residential units that are being proposed, and to limit them. Ms. Entin suggested
that the Commission pass this Ordinance without the restriction of occupancy or if the City
Commission is going to have the restriction on occupancy now, that the City Commission indicate
that this restriction for occupancy is for the Residential Multifamily Districts, and does not apply to the
Commercial Districts. This all started with Residential Districts, Ms. Entin supports that, but she does
not think that the City Commission should treat the Commercial Districts in the same fashion.
Commissioner Malakoff stated that she agrees with Ms. Entin's recommendation. As this is a
Second Reading, Commissioner Malakoff asked if the Commission could make this change as a
restriction on occupancy to apply only to Residential areas for this particular Ordinance.
Eve Boutsis, Chief Deputy City Attorney, explained that the recommended change would not affect
the title, so if the Commission wants to make that modification it could do so.
Mayor Levine stated that Ms. Entin's requested modification should be made.
Commissioner Malakoff stated the modification should be made, as that was not the intention. The
intention was to have a separate referral with reference to Commercial and MXE Districts. This was
originally a request to Commissioner Malakoff from the West Avenue Neighborhood Association
(WAvNA).
Chief Deputy City Attorney Boutsis suggested the new applicable language: The last sentence of the
first paragraph of Section 114-1, which reads, "The transient resident occupancy of a hostel shall not
exceed the following limits per individual unit..." shall be modified to read: "The transient resident
occupancy of a hostel, within a residential zoning district, shall not exceed the following limits per
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Commission Meeting
individual unit..." Chief Deputy City Attorney Boutsis added that this modification would be the start a
new paragraph.
Wayne Pathman, Esq., the Bikini Hostel, echoed what Ms. Entin's stated. However, his issue is more
of a housekeeping issue. Back in 2013, the City Commission, WAvNA, and five hotel operators
agreed to pass a Resolution, which is now law, stating that operators of hostels could continue to
function as legal conforming uses going forward under their hotel license. At that time, there was no
hostel category. By virtue of what is being proposed today, what Mr. Pathman envisions will happen
in the future is that if the Bikini Hostel came in trying to seek a permit to expand their operation
pursuant to all the legal requirements that they were allowed back in 2013, or if they had a peril at
their property, for instance, if a fire or a hurricane destroyed their building, and the Bikini Hostel
came in and asked for a license, they would be told that they must obtain a hostel license, even
though they operate under a hotel license, because now the City has a category for hostels. Mr.
Pathman added that the Bikini Hostel could not operate under a hostel license, because that is
prohibited in the District. Even though the Bikini Hostel is a legal conforming and grandfathered in
business. Mr. Pathman is asking for an applicability clause that the 2013 Resolution be identified as
part of the proposed Ordinance, to ensure that the requirements of the proposed Ordinance are not
applicable to the Bikini Hostel. The Bikini Hostel is operating and has been operating for many years,
and should be allowed to go forward under a hotel license.
In response to a question from Commissioner Arriola, Mr. Pathman answered that his client, the
Bikini Hostel, is a hostel and will remain as a hostel. However, the problem is that the City will now
have a hostel Ordinance, if this item is passed, and if the Bikini Hostel must operate under this
current hostel Ordinance, they will be out of business because hostel are prohibited in the area.
Discussion continued.
City Attorney Aguila stated that subsequent to the passage of this Ordinance, Mr. Pathman is correct
that the Bikini Hostel would continue to be a legal nonconforming use.
Mr. Pathman interjected that it would be a legal confirming use.
City Attorney Aguila continued, and stated that if subsequent to the passage of this Ordinance, the
Bikini Hostel sought to expand its premises it would not be allowed to do so, and would be subject to
the parameters of this Ordinance. If the intent were to allow the Bikini Hostel to continue to operate
as a legal conforming use, but to subject it to what the City typical subjects legal confirming uses to
include that future expansion are subject to the current Code, then City Attorney Aguila would not
recommend what Mr. Pathman is proposing.
Mr. Pathman stated that he wanted to correct the record, as the law states, "...in which event they
shall be considered a legal conforming use. A property that has a legal conforming use, as used in
this subdivision prior to May 28, 2013, may retain all and apply for new expansions and modifications
to permitted conditional and/or assessor uses permitted in the zoning category." That is what the
Bikini Hostel negotiated back in 2013, because of this issue.
Discussion continued as to the "2013 deal" referred to by Mr. Pathman.
City Attorney Aguila stated that he is not aware of the 2013 Resolution, and he recommends that the
City Commission adopt the Ordinance without the modification suggested by Mr. Pathman.
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Mayor Levine stated that he agrees, that the Ordinance should be adopted, with the modification
proffered by Ms. Entin.
City Attorney Aguila stated that he, Chief Deputy City Attorney Boutsis and Mr. Mooney would look
into what Mr. Pathman is stating subsequently to the passage of the Ordinance. City Attorney Aguila
stated that he has never seen a Resolution that essentially amends the Zoning Code as to a
property. City Attorney Aguila reiterated that he is not aware of this Resolution, and he needs to look
at it.
Commissioner Arriola asked to move the item forward, and if it the future the Ordinance needs to be
cleaned up that can happen.
Vice -Mayor Rosen Gonzalez suggested opening and continuing the item to the next meeting, and
have the Office of the City Attorney look into Mr. Pathman's concerns.
Discussion continued as to the whether the item should be opened and continued.
Mr. Pathman explained that the prohibition is already in place. That occurred in 2013. There will not
be any more hostels in West Avenue.
Commissioner Arriola suggested voting on the item as is, and if Mr. Pathman desires clarification, he
could bring it back.
Mr. Pathman proposed opening and continuing the matter, in order for the City Commission to
familiarize themselves with the law.
Discussion continued.
Vice -Mayor Rosen Gonzalez asked that the Ordinance be deferred to allow the Office of the City
Attorney to research the item.
City Attorney Aguila stated that the item could be opened and continued, unless Mr. Mooney has
additional information.
Mr. Mooney explained that what Mr. Pathman was reading from is the current Ordinance that
regulates RM -2 uses. For a little more perspective, the Bikini Hostel is a hostel in name only, it
licensed as a hotel and it is permitted as a hotel. Therefore, the kind of expansion that Mr. Pathman
is referring to in the RM -2 Section of the Code would be for a hotel. Therefore, Mr. Mooney does not
believe that any of the definitions for hostel would apply to the Bikini Hostel at any point in the future.
Mr. Pathman indicated that the matter was very confusing. Mr. Pathman added that Mr. Mooney is
actually right under the hotel category. However, what Mr. Pathman is saying, and what he envisions
happening in the future, is that one day someone is going to come along and say, the Bikini Hostel
needs a hostel license, not a hotel license, and the City will not grant the Bikini Hostel a hotel license
any more as there are now hostel category. If that is what occurs, the Bikini Hostel will be out of
business, even though the Bikini Hostel has a Resolution that was passed by the City Commission
that allows the Bikini Hostel to do certain things under its hotel license, even though they are a
hostel.
City Attorney Aguila stated that the City is not putting the Bikini Hostel out of business, as they are a
legal conforming use. However, if in the future the Bikini Hostel seeks to expand the premises, it is
City Attorney Aguila's opinion that the Bikini Hostel will not be able to do that under the zoning being
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proposed. However, the Bikini Hostel can continue to operate as a legal conforming use in its current
footprint.
Mr. Pathman stated that City Attorney Aguila's statement was incorrect.
Vice -Mayor Rosen Gonzalez requested to open and continue the item.
Mr. Pathman added that the City Attorney was not interpreting the City's law correctly.
Mayor Levine inquired what his colleagues wanted to do.
Commissioner Arriola asked Mr. Pathman if he the Bikini Hostel was planning to expand any time
soon.
Mr. Pathman responded "no." However, the reason he is before the Commission is exactly what he
is seeing from the Commission, the City Attorney and the Planning Director. There will be all this
confusion as to what happened in 2013. Mr. Pathman commented that, as he stated at First
Reading, there is already a prohibition in this area for hostel. The City is now trying to pass another
prohibition against hostels. The Bikini Hostel was carved out in 2013, under the hotel category
because that is what the City offered. Mr. Mooney is saying that the Bikini Hostel can continue under
that hotel category.
City Attorney Aguila stated that there is no confusion unless the establishment seeks to expand.
There will not be confusion, because the City has gone on record as saying that the current
establishment may continue to operate as a legal confirming use; they will be a treated as a legal
confirming use and be prohibited from expanding if this legislation is passed.
Motion to approve the Ordinance, as amended by Commissioner Malakoff.
Frank Del Vecchio stated that there are two items before the City Commission. Once is a Second
Reading that applies to West Avenue. Mr. Del Vecchio agrees with the City Attorney that the City
has a policy that nonconforming uses, and especially in this specific district, are cited as something
that are not wanted, so they may not be expanded. In the event of a catastrophe, the nonconforming
use will be subject to the law as it stands. The additional part is the second Ordinance, which he has
reviewed carefully and compared it with the zoning map; the City Commission is being asked to refer
to the Land Use and Development Committee and the Planning Board an Ordinance that would
apply Citywide a definition of hostels, permit then in high intensity areas, and prohibited in low
intensity primary residential areas. That part should go forward; it is about time, as there exists a
loophole where there is no limitation on occupancy for hostels.
Motion by Commissioner Malakoff to adopt the Ordinance, with the language suggested by Chief
Deputy City Attorney Eve Boutsis regarding the occupancy applying to residential areas. Seconded
by Commissioner Aleman.
By acclamation, the draft referral Ordinance, which modifies the definition of "Hostel" and creates
criteria, standards, allowable and prohibited Districts and occupant limits for hostels is referred to the
Land Use and Development Committee and the Planning Board.
Handouts or Reference Materials:
1. Ad No. 1336 published in The Miami Herald
2. Ad No. 1342 published in The Miami Herald
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3:09:53 p.m.
R5 AG AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 66 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"MARINE STRUCTURES, FACILITIES AND VEHICLES," BY AMENDING THE CHAPTER TITLE
AND BY DELETING OBSOLETE AND OUTDATED PROVISIONS AND BY AMENDING
TERMINOLOGY IN ARTICLE I, ENTITLED "IN GENERAL," ARTICLE III, ENTITLED "PIERS,
DOCKS AND BOAT RAMPS," ARTICLE IV, ENTITLED "VESSELS," ARTICLE V, ENTITLED
"REGATTAS AND BOAT RACES," AND IN ARTICLE VI, ENTITLED "VESSELS ABANDONED ON
PUBLIC AND PRIVATE PROPERTY"; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
First Reading
Office of the City Attorney
Commissioner John Elizabeth Aleman
ACTION: Title of the Ordinance read into the record. Ordinance adopted on First Reading. Motion
made by Commissioner Aleman; seconded by Commissioner Malakoff to adopt the Ordinance on
First Reading. Ballot vote: 7-0. Second Reading Public Hearing is scheduled for July 26, 2017.
Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Office of
the City Attorney to handle.
Commissioner Aleman explained that this item was placed on the Agenda at the request of the
Marine and Waterfront Protection Authority members, as they noticed that the current Ordinances
are outdated. She agreed to sponsor the item to have the Office of the City Attorney look into it.
Aleksandr Boksner, Deputy City Attorney, explained that there was specific action taken by the in
reference to Sections 66-7 and 66-153 of the City Code. In terms of the entire Chapter, it was
outdated; perhaps predating 1964 or even before that. Staff took the opportunity to holistically review
the entire Chapter and update it, keeping in mind the current government of the City, who has the
ultimately authority to take certain actions and weigh the authority that currently exists on the Marine
and Waterfront Protection Authority After review of the Chapter, portions of certain Ordinances that
were not in effect were removed; thereby, bringing that section of the Code into compliance as to the
current scheme that is recognized under Florida Law and the other provisions of the Miami Beach
Code of Laws and Ordinances.
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3:12:33 p.m.
SUPPLEMENTAL MATERIAL 2: MEMORANDUM & ORDINANCE
R5 AH AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"PUBLIC PROPERTY," BY AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-
WAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES," BY AMENDING
SUBDIVISION I, ENTITLED "GENERALLY," BY AMENDING SECTION 82-366 THEREOF,
ENTITLED "DEFINITIONS," TO DEFINE THE TERM "SINGLE -USE CARRY OUT PLASTIC BAG";
BY AMENDING SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING SECTION 82-385
THEREOF, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR
OPERATION OF SIDEWALK CAFES" TO PROVIDE PROVISIONS RELATING TO SINGLE -USE
CARRY OUT PLASTIC BAGS; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
First Reading
Office of the City Attorney
Commissioner Michael Grieco and Co -Sponsored by Vice -Mayor Rosen Gonzalez
ACTION: Title of the Ordinance read into the record. Ordinance adopted on First Reading. Motion
made by Commissioner Grieco; seconded by Commissioner Steinberg to adopt the Ordinance on
First Reading. Ballot vote: 7-0. Second Reading Public Hearing scheduled for July 26, 2017. Rafael
E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Office of the
City Attorney to handle.
Nick Kallergis, Assistant City Attorney, explained that this Ordinance creates a definition for single -
use carry out plastic bags in Chapter 82 of the City Code, it prohibits those items from the right-of-
way in the sidewalk cafe Ordinance, and prohibits sidewalk cafe permittees from providing those
items to patrons. The City of Miami Beach, and every other local government in Florida, is
preempted by State Statute from regulating plastic bags; however, the State preemption Statute was
recently struck down by the Miami -Dade County Circuit Court in a case challenging Coral Gables
Polystyrene Ordinance. The Ordinance was carefully drafted to become effective, only if the Third
District Court of Appeal or Florida Supreme Court affirms the Circuit Court in declaring the
preemption Statute unconstitutional.
Handouts or Reference Materials:
1. Email from Eve Boutsis dated June 05, 2017 RE: Commissioner Grieco approving Vice -Mayor Rosen
Gonzalez R5 AH approving the item.
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10:15:39 a.m.
SUPPLEMENTAL MATERIAL 1: MEMORANDUM & ORDINANCE
R5 Al AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-3 THEREOF,
ENTITLED "HOURS OF SALE / VIOLATIONS," BY CREATING A NEW SUBSECTION (b), THAT
LIMITS THE SALE, CONSUMPTION OR SERVING OF ALCOHOL, ALCOHOLIC OR
INTOXICATING BEVERAGES DURING THOSE RECOGNIZED HOLIDAY PERIODS OF
MEMORIAL DAY, FOURTH OF JULY, LABOR DAY AND COLUMBUS DAY OF EACH YEAR; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
First Reading
Office of the City Attorney
Commissioner Michael Grieco
ACTION: Title of the Ordinance read into the record. Ordinance not adopted on First Reading.
Item deferred to July 26, 2017. Lilia Cardillo to place on the Commission Agenda, if received. Office
of the City Attorney to handle.
Commissioner Grieco read a statement into the record: In 2016, there were 194 arrests during
Memorial Day Weekend; and in 2014, there were 414 arrests. There was not a steady decline; they
had 414 in 2013, 225 in 2014 and 145 in 2015 and 195 in 2016. Last year they had about 100
arrests. He reminded folks that in the late 2000s they actually had a stretch of Memorial Day
Weekends with over 1,000 arrests. Statistics have not been in a steady decline. He is not afraid of
controversy, if the result is the increased safety and quality of life of Miami Beach. Residents
deserve to feel safe and to be safe year round. Over the last year, he has read claims that his
elimination of Floatopia was racist, even though the majority of attendees were white or Hispanic,
and that bringing an Air and Sea Show during Memorial Day Weekend was racist; and that now
calling Urban Beach a thing of the past is racist, according to two editorials he has read in the lastly
24 hours. For 17 years, thousands of residents have either fled or locked their doors during the same
weekend in May, when historically they have had sometimes over 700 to 1,000 arrests resulting from
an unsanctioned, unpermitted, greed -driven phenomena brought by out-of-state promoters. He
quoted from a St. Louis -based website tied to this event:
"If you missed last year's Urban Beach Week, then you missed the hot stuff. They
broke the attendance record when nearly 350,000 people came to Miami and took
over the town. This is the biggest deal on South Beach during the whole year. The
takeover begins. This is an outdoor public event. There is not a cost to attend;
however, you will need enough funds for the many South Beach restaurants along
the strip, nightclubs and shopping areas should be within your budget. Most
participants bring anywhere from $1,000 to $2,000 to cover the cost of the 3 to 4 day
vacation."
On Monday, things go back to some normalcy as people start to leave and the crowd becomes more
family -friendly for Memorial Day Monday. Although they have seen an unsteady decline in arrests
over the year, there was a sharp increase in arrests in 2016. Last week numbers were cut in half,
and Commissioner Grieco attributes much of that to the insertion of programming during the day.
Our City welcomes anyone who wants to come to Miami Beach and follow the rules. Our City does
not welcome anyone whose only purpose is to trash our beautiful City or victimize residents and
guests, regardless as to race or skin color. It is disappointing that anyone would make this about
race; it is about preventing crime in the City. The dialogue must be about protecting Miami Beach
and he encouraged everyone to have meaningful and constructive dialogue instead of divisive
rhetoric, demagoguery and false accusations. He is a card-carrying member of the ACLU, and in the
private sector, he defends the rights of others from all racial and cultural backgrounds. Since being
elected, he was even invited to sit on a discussion panel with Martin Luther King, III along with
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Benjamin Crump and other high-profile attorneys to discuss modern racial relations and Police
policies. Atlanta eliminated Freaknik events in the 90s because it became an annual violent and
dangerous unsanctioned event like the one Miami Beach experiences every May. It is time for the
City Commission to listen to their constituents and return the Memorial Day dialogue to its true
meaning. Commissioner Grieco quoted Luther Campbell, who although recently took shots at him
had this to say in 2011:
"Just walked the streets, get drunk, be rowdy, go to jail. Me, personally, I would not
even go over there. I have not been there probably in the last 2 to 3 years. The
people that were originally coming down were young professionals; then, it became
this free-for-all for the last five years, were it became kids, thugs and that kind of
element."
The residents and families of Miami Beach deserve to walk freely and safely on our streets. They
have some crime year round, but the historical increase in criminal behavior during Memorial Day
Weekend needs to end. Success should not be measured by arrests or gunfire numbers, but by
resident's attendance and safety. They have seen somewhat of a decrease in the number of
incidents in May over the years, and some of the ones they have seen are significant and tragic.
Over the last few years, they have seen criminal behavior increase during other holidays, including
an incident he witnessed of a car drive-by throwing fireworks into the crowds in the Entertainment
District during Fourth of July Weekend. Commissioner Grieco's proposal to roll back hours during
high impact events is a temporary step to make the holiday weekends safer. He requested a more
expansive use of license plate readers, as well as the return to the DUI checkpoints. The Air and
Sea Show was a success, and showed that formal programming works. He believes programming
the holidays addressed in his Ordinance should be a supplemental initiative moving forward. He
encouraged his colleagues to listen to the residents and support efforts to better control these out -of -
control weekends. He will also look into the hours, geography, and whether to apply this also to
package liquor stores.
Discussion held.
Commissioner Arriola stated that given what was discussed with Item R7 Q, is this item to be
withdrawn.
Commissioner Grieco stated that these high impact weekends affect more than Ocean Drive. The
way it is written it is expanded to the MXE District and Espanola Way with a 2:00 a.m. cutoff.
Commissioner Grieco is happy to defer the item for a month, and suggested bringing the item back
at the July 26, 2017 Commission Meeting for further discussion.
Commissioner Aleman commented that the positive programming of the Air & Sea Show was the
best thing that they have done about Memorial Day in a long time. Residents and visitors loved the
event; it is outrageous that people will call racist the celebration of the contribution and sacrifices of
our veterans; it was an appropriate and a positive impactful event that affected businesses positively.
Visitors came from Belgium and other countries to participate. The more the City Commission
tackles issues with positive programming the better, it is in the City's best interests as a tourist
destination, and when the positive program comes together with the 10 -Point Plan improvement for
Ocean Drive, they will see improvements.
Vice -Mayor Rosen Gonzalez stated that she does not believe that Commissioner Grieco had any
racist intentions. He is trying to take control of the situation in response to the thousands of emails
and the worry to the international brand. She concluded by saying that this City Commission is trying
to move in a positive direction.
Mayor Levine added that Ocean Drive is an all -yearlong problem, and anything that targets any
specific weekend, as long as he is Mayor, he will vote against that; but he will vote for reforms to
clean up Ocean Drive comprehensively, whether it is 2:00 a.m. or a variety of ideas. He does not
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believe they should get involved with anything that targets any weekend, because although it may
not be intended to be racists, there is a perception or appearance of racism, and that is something
the Commission has to be sensitive to and do the right thing for the community.
11:18:13 a.m.
11:25:46 a.m.
ADDENDUM MATERIAL 2
R5 AJ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 5
ENTITLED "CAMPAIGN FINANCE REFORM," BY ADDING THERETO SECTION 2-491 ENTITLED
"PROHIBITED LOBBYING BY CAMPAIGN CONSULTANTS," PROHIBITING CAMPAIGN
CONSULTANTS AND CERTAIN AFFILIATED PERSONS OR ENTITIES FROM LOBBYING CITY
COMMISSION FOR 12 MONTHS SUBSEQUENT TO SWEARING IN OF SUBJECT ELECTED
OFFICIAL(S), ESTABLISHING DEFINITIONS, AND LIMITED EXEMPTION; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
First Reading
Office of the City Attorney
Commissioner Joy Malakoff and Co -Sponsored by Vice -Mayor Rosen Gonzalez
ACTION: Title of the Ordinance read into the record. Ordinance adopted on First Reading. Motion
made by Commissioner Malakoff; seconded by Commissioner Arriola to adopt the Ordinance on
First Reading. Ballot vote: 6-1; Opposed: Commissioner Aleman. Second Reading Public Hearing is
scheduled for June 28, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission
Agenda, if received. Office of the City Attorney to handle.
Commissioner Malakoff stated that disclosure of campaign consultants who are also lobbying the
Commissioners was sufficient when adopted, but now it is important to set the bar higher. They
regulate lobbyists — for instance, lobbyist with City contracts are prohibited from lobbying currently;
and it seems to her that this should apply to campaign consultants lobbying as well. It is a
prospective Ordinance, and does not affect the campaign consultants that are currently lobbying.
However, in the future, when this Ordinance is in place, it will avoid the appearance of quid pro quo,
and since they are in the midst of an election season, the Commission must do whatever they can to
make the City's politics and influence as transparent as possible. There are similar prohibitions on
employees who leave the City and elected officials as well, where they are not allowed to lobby the
City for 2 years. She clarified that this prohibition is for 12 months.
Raul J. Aguila, City Attorney, added that the chief purpose of this Ordinance is to regulate lobbying
activities. As mentioned, State, Miami -Dade County and City laws have taken proactive measures to
regulate and prohibit lobbying activities in certain instances. There are current prohibitions for City
employees and elected officials that ban them from lobbying the City for a period of two years from
the end of their service. There is a prohibition on City board members lobbying in front of the City
Commission, and a prohibition on lobbyists engaged by the City to lobby the City and lobbying on
behalf of clients. The reason the City does this is to ensure the integrity of the public process. While
there may not be actual documented instances of corruption or quid pro quo, the law does not
require the City to have that standard; the laws are enacted to prevent the appearance of quid pro
quo. He is not indicating any actual activity, but to prevent the appearance of quid pro quo. This
proposed Ordinance will tighten the current Ordinance, which requires lobbyists that also provide
campaign consultants services to disclose that they are providing these services. Now it would
tighten those standards by requiring lobbyists, who are providing campaign consultant service, not to
lobby the City for a period of one year after the election cycle in which they have provided their
services. If enacted, the Ordinance is prospective in application and would not affect any contract
that is entered prior to the effective day of the Ordinance.
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Vice -Mayor Rosen Gonzalez co-sponsored the item, but she originally brought this to the City
Commission as she thought it was about ethics and there was no support at that time. She wonders
if this is about ethics or about meddling in an election, and that is what upsets her. This should be
about ethics, not politics; and this is about one campaign consultant who is running one person's
mayoral election, and she does not like dirty politics. She suggested deferring this item until after the
election.
Commissioner Malakoff stated that she is surprised that her colleague wanted to sponsor the item,
which she approved, but did not know she would sponsor it in order to delay it. This Ordinance is
prospective and will not affect the one consultant during this election cycle.
Vice -Mayor Rosen Gonzalez stated that they want fair elections and she does not think they should
create legislation during an election that may skew the fair process. Everyone should have the right
to finish this campaign cycle and then vote on the ethics involved in it. She requested deferring the
item to December.
Mayor Levine agreed with Commissioner Malakoff and he is in support of the item. Now is the time
to do it.
Commissioner Grieco stated that the sponsor of this Ordinance has his opponent's campaign sticker
on her car. His campaign consultant was Commissioner Malakoff's campaign consultant during her
campaign. His relationship with his campaign consultant is no different from other lobbyists in City
Hall. The Ordinance in place now, which requires a campaign consultant who lobbies to declare that
they were the campaign consultants for Commissioners, is powerful, and puts everyone in a position
where they have to vote in the open and transparently. Commissioner Grieco finds the notion of this
Ordinance concerning, after it did not have support when Vice -Mayor Rosen Gonzalez put it on the
Agenda last year, and nothing has happened between then and now, except for a change in politics
and an election. Politics are now being played out at the dais; it is sad to use the dais to try
unsuccessfully to move any needle politically in this election. This is nonsense, and an attempt to try
to put Commissioner Grieco in a bad vote.
Commissioner Malakoff likes Commissioner Grieco's campaign consultant; this is not meant against
anyone in particular. This is election season and there are many campaign consultants. This is to try
to make the next City Commission not have to work in an atmosphere of appearance or quid pro
quo. They need to have integrity and transparency. She moved the item; seconded by
Commissioner Arriola.
Discussion continued.
Commissioner Steinberg supported the item in 2015 and will support it because it is a good
Ordinance.
Voice vote: 6-1; Opposed: Commissioner Aleman.
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R7 — Resolutions
2:38:45 p.m.
R7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, AS REQUIRED PURSUANT TO
SECTION 82-93(b), OF THE CITY CODE, APPROVING A REVOCABLE PERMIT REQUEST BY
PPF 723 LINCOLN LANE NORTH, LLC, IN ORDER TO ALLOW THE INSTALLATION OF (1) A 15
SQUARE FOOT TENANT SIGN ON THE WEST FACADE OF THE BUILDING LOCATED AT 723
LINCOLN LANE NORTH, TO EXTEND APPROXIMATELY TWO (2) FEET INTO MERIDIAN
AVENUE, (2) A 48 SQUARE FOOT TENANT SIGN ON THE WEST FACADE OF THE BUILDING
TO EXTEND APPROXIMATELY THREE (3) FEET INTO MERIDIAN AVENUE; AND (3)A
PEDESTRIAN CANOPY ON THE SOUTH FACADE OF THE BUILDING TO EXTEND
APPROXIMATELY 8'11" OVER LINCOLN LANE NORTH, WHICH PERMIT IS CONSISTENT WITH
THE CRITERIA OF SECTION 82-94, OF THE CITY CODE; AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE REVOCABLE PERMIT.
2:00 p.m. Public Hearing
Public Works
ACTION: Public Hearing held. Proposed Resolution opened and continued by acclamation to the
July 26, 2017 Commission Meeting. Rafael E. Granado to notice. Lilia Cardillo to place on the
Commission Agenda, if received. Thomas Mooney to handle.
Handouts or Reference Materials:
1. Ad No. 1341 published in The Miami Herald
2:39:13 p.m.
R7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ADOPTING THE FIFTH AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR
2016/17.
2:05 p.m. Public Hearing
Budget and Performance Improvement
ACTION: Resolution 2017-29898 adopted. Public Hearing held. Motion made by Commissioner
Aleman to approve the Resolution; seconded by Commissioner Malakoff; Voice -vote: 7-0. Tameka
Otto Stewart to handle.
Clerk's Summary:
The Fifth Amendment to the FY 2016/1 Capital Budget appropriates $736,782.74 and re -
appropriates $3,179,564.47 in order to provide additional funding to the following capital projects:
1. New Bus Shelter Designs $ 504,251.00
2. 1623 West Avenue Intercept Garage $4,165,000.00
3. Lottie Apartments $ 671,309.74
4. Neptune Apartments $ 60,028.00
5. 555 Building Mold Remediation $ 222,712.47
Tameka Otto Stewart, Budget and Performance Officer, introduced the item and explained how the
budget was re -appropriated to cover the projects listed above.
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Handouts or Reference Materials:
1. Ad No. 1341 published in The Miami Herald
R7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, SUPPORTING EFFORTS TO SEEK A COMMITMENT FROM FLORIDA POWER &
LIGHT (FPL) TO DISCONTINUE THE USE OF THE COOLING CANAL SYSTEM AT THE TURKEY
POINT NUCLEAR POWER PLANT AS SOON AS POSSIBLE.
Deferred from April 26, 2017 - R7 J
Office of the City Attorney
Commissioner Michael Grieco
ACTION: Item withdrawn by the sponsor, Commissioner Michael Grieco.
3:29:50 p.m.
R7 D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING THE TERMINATION FOR CONVENIENCE OF THE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SAVINO & MILLER DESIGN STUDIO,
P.A., DATED MAY 19, 2016, FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
FOR THE FUTURE COMMUNITY PARK (FORMER PAR 3) PROJECT; AND AUTHORIZING THE
CITY MANAGER TO EXERCISE THE CITY'S RIGHT TO TERMINATION FOR CONVENIENCE, IN
ACCORDANCE WITH SECTION 10.3 OF THE AGREEMENT.
Deferred from May 17, 2017 - R7 G
Office of the City Attorney
Commissioner Joy Malakoff and Co-sponsored by Commissioners Aleman & Arriola
ACTION: Motion made by Commissioner Aleman to withdraw from terminating the agreement with
Savino & Miller and to continue negotiations for a final contract with an additional edits. Approved by
acclamation. David Martinez and the Office of the City Attorney to handle.
RECOMMENDATION:
Remove request for termination.
Continue to negotiate for a final contract with the additional edits of slightly nudging to the north and
enlarge one of the flat plates on the 28th Street side.
Add lighting to the tennis court.
Commissioner Aleman stated that the City held its Parks & Recreational Facilities Board meeting
that she and Commissioner Malakoff attended. Both Commissioner Aleman and Commissioner
Malakoff had asked representatives of Savino & Miller Design Studio, P.A. to attend the meeting with
the Parks & Recreational Facilities Board to review the most recent park plan and to present a three
dimensional video. Originally, the Parks & Recreational Facilities Board made motions to reconsider
the park design from top to bottom. There was good debate and suggestions at the most recent
meeting; the final resolution was to endorse the Savino & Miller plan with one edit, which was made
during the meeting. The change was to slightly nudge to the north and enlarge one of the flat plates
on the 28th Street side. Rather than pursue the current Resolution of terminating the contract, she
would like to withdraw it and make a motion that the design of the park move forward with the
additional edit. Mr. Miller agreed and signed on June 1.
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Commissioner Arriola commended everyone involved; he stated that Mr. Miller stepped up and the
Parks and Recreational Facilities Board listened and made reasonable requests.
Commissioner Malakoff stated she has known the firm of Savino & Miller for more than 25 years.
She spoke to Mr. Miller about the problem and she believes there was a lack of communication.
There was confusion as to what the park will be, such as a sports park or community park.
Consequently, Mr. Miller made various designs, adding areas that are more flat, adding more fields,
adding six tennis courts, and more bathroom facilities. She agreed to remove the request for
termination and then requested to continue to negotiate for a final contract, with the addition of
adding lighting to the tennis court.
Vice -Mayor Rosen Gonzalez is pleased they are moving forward with Savino & Miller. She stated
that they were going to go in front of the Design Review Board in July; however, there were issues
with advertising and now they cannot be seen until September. She asked if there was anything that
could be done to speed the process up.
John Rebar, Director of Parks and Recreation, stated there is nothing they can do to speed the
process.
Commissioner Grieco stated that it is not a funded project; therefore, the wait in going before the
Design Review will not delay the project, as funding has to be appropriated during the budget
process.
Approved by acclamation to withdraw the item. (See above recommendations.)
Elena Demitriatre, on behalf of the Bayshore Home Owners Association, thanked the City
Commission, City Staff, and the Parks and Recreational Facilities Board.
3:35:46 p.m.
R7 E A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING, PURSUANT TO ORDINANCE NO. 2017-4092, THE FORBES
HOSPITALITY TRAINING PROGRAM AS AN APPROVED PROGRAM FOR THE CITY'S OCEAN
DRIVE SIDEWALK CAFE HOSPITALITY TRAINING REQUIREMENT.
Office of the City Manager
ACTION: Resolution 2017-29899 adopted. Motion made by Commissioner Malakoff; seconded by
Commissioner Arriola; Voice -vote: 7-0. Amy Mehu to handle.
Amy Mehu, Ocean Drive Liaison, stated that staff is seeking Commission approval for the Forbes
Hospitably Training as recommended by the Ocean Drive 10 -Point Plan.
Mayor Levine stated that this is a fantastic program.
Commissioner Arriola stated this is one more thing the City is doing to change the tenor of Ocean
Drive.
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10:55:30 a.m.
SUPPLEMENTAL MATERIAL 1: MEMORANDUM & RESOLUTION
R7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO. 2017 -006 -AK, FOR PUBLIC SAFETY RADIO
NETWORK.
Fire/EOC/Police
ACTION: Resolution 2017-29900 adopted. Commissioner Malakoff made a motion to accept the
City Manager's recommendation; seconded by Vice -Mayor Rosen Gonzalez; Voice vote: 5-1;
Opposed; Commissioner Aleman; Absent: Commissioner Grieco. Chief Virgilio Fernandez,
Charles Tear and Chief Dan Oates to handle.
Raul J. Aguila, City Attorney, explained that there has been no bid protests received. The City
provided notice to both bidders that responded to the RFQ. City Attorney Aguila is aware that the
Commissioners received a letter from one of the bidders, but reassured the Commission that there is
no bid protest.
Charles Tear, Emergency Management Director, stated that he would like the Commission to move
the item before them, which has the City Manager's recommendation, as this issue is sensitive and
very important. Mr. Tear stated that it is the third time in his career that he has been involved in an
RFP relating to radio systems. Normally, he is uncomfortable with the process. However, here in the
City of Miami Beach he has to report that he was pleased with the transparent, professional, and
thorough work of Alex Dennis and his staff. The Fire and Police Chiefs are committed and strong
approve the City Manager's recommendation.
Jimmy L. Morales, City Manager, explained that there were two major competitors and that they are
the two main ones across the country. On the technical specifications, Harris is the company he
recommended. He personally reviewed all of the materials and sat through the procurement process
himself and he reached the same conclusion that the Chiefs have reached. There is currently a gap
in pricing, though the numbers are not quite accurate, because Harris included things that were not
asked for and Motorola left out some things. He asked for the Commission's approval to sit down
with Harris, negotiate, and bring back a price they can live with. He added that both companies were
over the City's budget.
Raul J. Aguila, City Attorney, explained that the City Commission Memorandum incorporates the
ranking and selection of the Evaluation Committee as well as the City Manager's recommendation.
Jimmy L. Morales, City Manager stated that one of the critical matters is the issue of interoperability.
He knows from both Departments that you lose significant functionality when you go from one
system to another and you do not lose functionality if it is the same system. Miami -Dade County,
Coral Gables, and the City of Miami are utilizing Harris, which are local government agencies that
Miami Beach Fire and Police work with often and vice versa.
Commissioner Aleman is glad they are moving forward with this new system. She mentioned the first
time she went on a ride along with a Miami Beach Police Officer, after she was elected, the Officer
informed her of several issues with the current radio system and how they would lose connections
when they went across the bridge. She is confused about the issue of interoperability because she
received an email from Motorola that stated other municipalities utilize both systems.
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Mr. Tear stated that with the system in place today, they have to make manual changes when trying
to communicate with another municipality; the new proposed system would make this switch
automatically. The P25 system was put in place to have interoperability between multiple systems.
When there is a pursuit, an Officer wants to do as little as possible regarding radio communications.
Commissioner Aleman asked if the City picked one system or another in the future, what would be
the difference to Emergency Management personnel, Fire Rescue, and Police, and what would have
to be done differently.
Mr. Tear introduced Dean Hart, and asked him to answer the question.
Dean Hart, City of Miami Beach Consultant on the project, stated that the biggest key is with what
has been decided in Miami, Miami -Dade County and other municipalities that the City operates with
on a daily basis; and those other government agencies have chosen Harris. In the world of P25, one
can interoperate, which means one can change channels on the radio and can do other things and
have communications with those agencies. The important piece of this, specifically with Police and
Fire, is that they are asking for seamless interoperability. Seamless means that an Officer can travel
from Miami Beach to other areas outside of the City and not have to touch their radios to
communicate with outside jurisdictions. Just like a person who is driving down the road with their
cellular telephone, does not have to touch it because it roams from one tower to another. P25 allows
that, but if the City is using P25 Harris to Harris, the City would have available other features and
seamless operability that it may or may not get while using Motorola to Harris or Harris to Motorola.
Commissioner Aleman stated that if they decide to go with Motorola even if it is P25, would Miami
Beach Officers have to change channels from Miami Beach to Miami.
Dean Hart, Consultant, stated that today they would have to change radio stations and he is not
trying to get to technical.
Commissioner Aleman stated that she is not concerned about today; she wants to know about the
new future models. She stated that it sounds as if Mr. Hart does not know the answer to her
question, and she is being asked to spend $7 million more for no additional reason.
Mr. Tear stated that as the system is designed, they would consult with the Police and Fire
Departments to see what the most optimal way to operate is.
Jimmy L. Morales, City Manager, clarified the question. What will an officer do differently in the future
as they cross the MacArthur with Motorola system, versus if the City was connecting via Harris to
Harris?
Dean Hart, Consultant, responded that if they go with Motorola, the Officer will have to touch the
radio to change the configuration of the radio system and it would not be automatic.
Chief Oates stated that another issue with Motorola is the upgrade of the products. Every time there
is an upgrade, a technician has to touch every single Motorola radio, and with Harris, the City does
not have to do that.
Discussion continued.
Page 81 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
David Custin, representing Motorola Solutions, Inc., disclosed his political campaign consultant
activities, as required by City Code. Mr. Custin commented that the City on several occasion has
attempted to piggyback to awards received by Harris, but it has not happened. He stated that he
sent emails, which are public records, and that some of the Commissioners may not have read them.
He introduced, Stacy Chick, Strategic Project Manager from Motorola Solutions, Marshall Wright,
Vice President of Motorola, and Mitch Novak the Account Manager for the City of Miami Beach on
behalf of Motorola. Mr. Custin added that they are present to answer any technical questions. Mr.
Custin wishes to talk about the City's procurement process. Mr. Custin explained that he was hired a
couple of years ago because there was a concern by the City's incumbent vendor Motorola, who has
been around since 2001 providing the City service under the now end of life antiquated system, of a
push by the City to upgrade the City's system to P25 via piggyback with Harris. The City attempted
to do a piggyback with Coral Gables, fortunately, that did not happen. Then there was an effort to
piggyback and go straight to Harris and upgrade to P25 with the Miami -Dade Police Department,
which also did not happen. Motorola raised a concern of how can the City piggyback, because
piggyback is in essence a sole source and he asked how they could sole source to an entity that did
not have a competitive bid in the first place. Fortunately, the City backed off that proposal. The last
effort, and the Emergency Manager sat on the Evaluation Committee, was to piggyback with the
anticipation that the City of Miami would go to Harris, which they did. This Commission said when
this last piggyback was attempted that Miami Beach would not piggyback, because the City of Miami
Beach is a lucrative economy and want its own system. Thereafter an RFP was issued. Now you
have the RFP with two sealed bids. The seal bids have to mean something, Mr. Custin added. His
client, the Coca-Cola of P25 in the United States and the State of Florida gave a good faith sealed
price of $14 million and change. Mr. Custin encouraged the Commission to ask technical questions
because his time is limited. He stated that P25 itself mandates interoperability, that is what it is for.
The notion that the City cannot have a seamless system from Motorola -Miami Beach to Harris -City
of Miami or Miami -Dade County Police are false. He stated his client Motorola put in the RFP the
different features that allow for seamless roaming. Today, Harris does not provide that feature in
Hillsborough County or West Palm Beach or Miami -Dade Police Department. He asked finally, on
the issue of lack of connectivity and interoperability, if this was true, where is the evidence from staff.
Where is the evidence to justify a $7.5 million gap that they are asking the City Commission to
ignore? Where is the justification? The Miami -Dade Fire Department uses a Motorola P25 and the
Miami -Dade County Police Department uses Harris P25, and there has never been an issue of
interoperability. Miami -Dade County is the largest County in the third-largest State in the Country,
where first responding is of imminent importance and Mr. Custin added an issue of Homeland
Security. He encouraged the Commission to ask Motorola any technical questions. Mr. Custin cited
another example, in Hillsborough County has Harris system and next door Pasco County uses
Motorola and they are interoperable. Connectivity and operability is not an issue; it is simply, for
whatever reason, a push to go to Harris without legitimate reasons. The Administration is asking the
City Commission to ignore a $7.5 million difference in a sealed price proposal.
Miguel De Grandy, representing Harris Corporation, explained that Motorola overemphasizes price;
this is an RFP not a BID that goes to the lowest price for the obvious reasons. Only 15 points were
given to the price category, as it is subject to negotiation. While it is understandable that Motorola
believes it has the best products and services, every member of the City of Miami Beach Selection
Committee ranked Harris first on qualitative criteria and approach to providing services. In order to
proceed with the action that Motorola recommends, you have to find that the City's Police
Department representative on the Selection Committee, Assistant Director of Emergency
Management, Fire Department Communications Manager, the Public Safety Director of Miami Beach
Convention Center and the rest of the selection committee members as well as your City Manager
were all wrong and that Motorola is the only one that is right. Mr. De Grady stated the Commission
has already received correspondence from Motorola regarding the recent City of Miami Procurement
Page 82 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
process. Motorola had informed the Miami Beach Commission it was a troubled, mired in
controversy, etc. process, yet Motorola did not protest the award. Harris was awarded the contract
by unanimous vote with less than 10 minutes of discussion by the City Commission. Now Motorola is
using the same misinformation campaign here in the City of Miami Beach. Mr. De Grandy asked the
Commission if there Selection Committee members were all wrong, and if the City Manager acted
arbitrarily then why did Motorola not file a bid protest. The Miami Beach City Code provides the right
to protest and the Code section states, "Protests not timely made under this section shall be barred.
Any basis or ground for a protest not set forth in the letter of protest required under this section shall
be deemed waived." (Clerk's Note: See Miami Beach Code Section 2-3710).) Motorola is barred
from proceeding with any protests at this point because they elected not to protest. Just as in the
City of Miami, Motorola knew the protest had no merit and as your staff explained, the process was
clean, the process was professional, and the process was perfectly conducted. Mr. De Grandy asked
the Commission to let the process continue, and not the politics drive the issue.
Bobbie Jenkins, President of Fraternal Order of Police (William Nichols Lodge No 8), stated that in
2006, the City went to Motorola and they have had multiple problems and failures since then.
Motorola has promised to fix issues that have not yet been corrected. He endorsed going with the
City Manager's recommendation.
Commissioner Aleman asked Motorola to prove their point.
Commissioner Malakoff made a motion to accept the City Manager's recommendation; seconded by
Vice -Mayor Rosen Gonzalez.
Raul J. Aguila stated the vote is to authorize the City Manager to enter into negotiations with Harris.
Voice vote: 5-1; Opposed; Commissioner Aleman; Absent: Commissioner Grieco.
Clerk's Note: See 8:30 a.m. Sutnick Forum Item R9 B, speaker No. 6.
Handouts or Reference Materials:
1. Email from David Custin custindrdavidrcustin.com dated June 5, 2017, to Mayor & City Commission,
RE: City Commission, Item R7F — RFT #2017 -006 -AK, Public Safety Radio Network — June 07, 2017, on
behalf of Motorola Solutions, Inc.
2. Letter to David Custin from Jimmy L. Morales, City Manager, dated June 6, 2017 RE: RFP 2017 -006 -JC
for a Public Safety Radio Network.
3. Email from Rafael Granado to David Custin dated June 06, 2017, RE: City Commission Item R7F — RFT
#2017 -006 -AK, Public Safety Radio Network — June 07, 2017.
4. Email from David Custin dated June 06, 2017 RE: City Commission, Item R7F — RFT #2017 -006 -AK,
Public Safety Radio Network — June 07, 2017.
5. Email from David Custin dated June 06, 2017 to Mayor Philip Levine, RE: City Commission, Item R7F —
RFT #2017 -006 -AK, Public Safety Radio Network — June 07, 2017.
6. Email from David Custin dated June 06, 2017 to Raul Aguila RE: City Commission, Item R7F — RFT
#2017 -006 -AK, Public Safety Radio Network — June 07, 2017.
7. Email from Raul Aguila to Rafael Granado, copy to David Custin dated June 06, 2017 to RE: City
Commission, Item R7F — RFT #2017 -006 -AK, Public Safety Radio Network — June 07, 2017.
Page 83 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
3:36:54 p.m.
R7 G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE AT ITS MAY 19, 2017 MEETING, TO HAVE STAFF EVALUATE COST
IMPACTS OF IMPROVING THE AMENITIES AT SOUNDSCAPE PARK; AND FURTHER
REFERRING THE STAFF EVALUATION, UPON COMPLETION, TO THE FINANCE AND
CITYWIDE PROJECTS COMMITTEE FOR CONSIDERATION.
Tourism, Culture, and Economic Development
ACTION: Resolution not adopted. Item referred to the Finance and Citywide Projects Committee
by acclamation. John Woodruff to place on the Committee Agenda. Eva Silverstein to handle.
REFERRAL:
To the Finance and Citywide Projects Committee to evaluate cost structure.
Eva Silverstein, Tourism, Culture, and Economic Development Director, stated that this was a
referral to discuss options presented by New World Symphony in regards to not having a concession
nor restrooms at Soundscape Park (perhaps placing them in another location); and looking
holistically at the entire park landscape, the street side of the park, and all amenities within the park.
The New World Symphony is looking to expand programming.
Jimmy L. Morales, City Manager, stated that the recommendation from the Neighborhood
Community Affairs Committee was to direct staff to evaluate the cost and refer to the Finance and
Citywide Projects Committee.
Commissioner Aleman is in support of looking at the implementation and costs, but she does not
want this action to be interpreted in any way that they endorse all the changes. She is very
concerned about the elimination of the bathrooms; it just does not make sense. Where it is currently
being looked at is too far away, and hopefully details will follow with the discussion.
Commissioner Arriola agreed with his colleague, and will look at this during the discussion at the
Finance and Citywide Projects Committee skeptically.
R7 H A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE AT ITS MAY 19, 2017 MEETING TO CONSIDER A SPONSORSHIP IN
THE AMOUNT OF $100,000.00 IN THE FY 2017/18 BUDGET DEVELOPMENT PROCESS IN
ORDER TO FUND A FILM INCENTIVE PROGRAM IN MIAMI BEACH.
Tourism, Culture, and Economic Development
ACTION: Item withdrawn.
Page 84 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
3:23:25 p.m.
SUPPLEMENTAL MATERIAL 2: RESOLUTION
R7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE, AND APPROVING A SPONSORSHIP TO PRO FOOTVOLLEY TOUR,
LLC, IN AN AMOUNT NOT TO EXCEED $10,000.00, FOR THE 2017 SOUTH BEACH
FOOTVOLLEY OPEN, TO BE HELD IN LUMMUS PARK, FROM JUL Y 27, 2017 THROUGH JUL Y
30, 2017, SUBJECT TO FUNDING APPROVAL IN THE FY 2016/2017 OPERATING BUDGET.
Tourism, Culture, and Economic Development
Vice -Mayor Kristen Rosen Gonzalez
ACTION: Resolution 2017-29901 adopted. Motion made by Vice -Mayor Rosen Gonzalez to
approve the Resolution; seconded by Commissioner Aleman; Voice -vote: 7-0. Eva Silverstein to
handle.
DIRECTION:
• Come up with protocols and review holistically.
Vice -Mayor Rosen Gonzalez introduced the item, which was discussed at the Finance and Citywide
Projects Committee, and explained that Sergio Menezes is the head of the World FootVolley Classic,
which takes place at the same time that the Spanish Soccer Classic is taking place, and since the
City needs programming, they agreed to give Sergio $10,000 and waive the $5,000 fee.
Sergio Menezes explained that they have never had a negative event. They have been on the
forefront of FootVolley; they have a tour around the USA, with international aspects. He represented
the USA at Rio de Janeiro last year, though they lost to Germany. When comparing what they
deliver on national TV, with local media sponsors, Channel 7, Telemundo 51, they deliver so much.
They have a great event, which is a signature look for Miami Beach, a family friendly sporting event.
He requested waiving the special events fees for $5,000.
Vice -Mayor Rosen Gonzalez suggested waiving the fees.
Commissioner Arriola moved the item.
Graham Winnick, Film Event Production Manager, clarified that the request is for the City sponsored
event in the form that will be suitable to the City Commission and the Office of the City Attorney;
reimbursed if desired, and then separately it is to waive the special event fees. This is a for profit
organization, but due to the nature of the event, they chose to bring it in front of the City Commission
for a waiver of fees; however, they still have to assess what the totals are based on changes to be
made to the event and relocate to the north of 10`h Street area.
Mayor Levine asked what they did for paddle tennis.
Mr. Winnick explained that paddle is a for profit operation and they did not seek any grants or
waivers or go through the he Miami Beach Visitor and Convention Authority's (MBVCA) or any other
organization; paddle tennis paid for everything themselves.
Sergio Menezes explained that the week of the event is the weekend when Barcelona plays against
Madrid. They call it World Classic because Broward wanted this event, and Europeans and
Brazilians are coming to visit as well as some of their athletes are competing in the match. When
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After Action June 7, 2017 City of Miami Beach
Commission Meeting
R7 J
they announced the match, they decided to do something that weekend, and that is why is important
for them to move quickly and take advantage of that week. This will take place the last week of July.
Commissioner Steinberg explained that in July it is favorable and palatable to support the event. She
suggested coming up with protocols and looking at this holistically.
Vice -Mayor Rosen Gonzalez moved the item.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, PRORATING THE ANNUAL SQUARE FOOTAGE FEE FOR SIDEWALK CAFE
PERMITTEES LOCATED ON ESPANOLA WAY (THAT ARE IN GOOD STANDING), SO THAT A
SQUARE FOOTAGE FEE IS ONLY CHARGED FOR THE PERIOD BETWEEN JUNE 1, 2017 AND
SEPTEMBER 30, 2017, AND AUTHORIZING THE CITY MANAGER TO ISSUE ANY REFUNDS
NECESSARY TO EFFECTUATE THIS RESOLUTION.
ACTION: Item moved to R9 M.
Office of the City Attorney
Commissioner Michael Grieco
3:39:34 p.m.
SUPPLEMENTAL MATERIAL 1: REVISED MEMORANDUM & RESOLUTION
R7 K A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING A CHANGE ORDER IN THE AMOUNT OF $169,618.25, UNDER THE
NJPA CONTRACT AWARDED TO LANZO CONSTRUCTION CO, FLORIDA (LANZO), PURSUANT
TO CONTRACT FLO4UG4-051716-LCC, FOR THE CONSTRUCTION OF A STORM SEWER
ALONG WASHINGTON AVENUE FROM 17TH STREET TO 18TH STREET AND ALONG 17TH
STREET FROM PENNSYLVANIA AVENUE TO WASHINGTON AVENUE; WHICH FUNDS SHALL
PROVIDE FOR STREET RESTORATION OF WASHINGTON AVENUE AND 17TH STREET.
Public Works
ACTION: Resolution 2017-29902 adopted. Motion made by Commissioner Aleman to approve the
Resolution; seconded by Commissioner Malakoff; Voice -vote: 7-0. Eric Carpenter to handle.
Motion made by Commissioner Steinberg to refer to the Finance and Citywide Projects Committee to
discuss contingencies when City bids the first time; seconded by Commissioner Arriola. Voice vote:
7-0. John Woodruff to place on the Committee Agenda. Eric Carpenter to handle.
REFERRAL:
To the Finance and Citywide Projects Committee to discuss contingencies when the City bids the
first time around. John Woodruff to place on the Committee Agenda. Eric Carpenter to handle.
Eric Carpenter, Public Works Director, introduced the item, which has to do with the 72 -inch
stormwater pipe installed on 17th Street and Washington Avenue. There was a very tight window of
opportunity to get the pipe installed and not affect the construction activities with the Convention
Center. They worked through the details of installing this; they cut as many corners as possible on
the project, to keep the costs within the $2 million limit. Ultimately, they found out that some
additional funds are needed in order to complete the work. The original change order amount was
reduced from $230,000 down to $170,000, at a savings of $50,000, by doing some of the work in-
house. However, for the $170,000, they are still being negotiating the details with MJPA and the
contract. The Administration believes the number is under $170,000.
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After Action June 7, 2017 City of Miami Beach
Commission Meeting
Commissioner Steinberg stated that the memo is somewhat misleading; but there is no contingency
built in, and she understands the need to move forward today, but again, the question is how they
are calculating their contingencies when putting these things out to bid and looking at the scope. She
made a motion to discuss the item at the Finance and Citywide Projects Committee regarding
contingencies and the work when the City bids the first time around.
Mr. Carpenter explained the project was budgeted at $2.3 million, which is the amount they felt was
necessary to get the work done; so there was money budgeted for that work. They were up against
the $2 million limit for design services to be eligible for a pre -qualified pool of consultants under
CCNA, and in trying to deliver the project for the $2 million as quickly as possible, and not bring to
Commission a bid waiver, but bring a legitimate competitively procured design contract and a
competitive procured construction contract.
Commissioner Aleman asked about the palm trees removed if they are going to the median or the
sidewalks. She wants to consider the ability to have a shade tree as a canopy instead of a palm tree.
Mr. Carpenter explained that those palm trees removed were relocated by Green Space staff to
Collins Avenue. This is the removal cost. The new install is part of the work being done in-house
consistent with the vision for the Miami Beach Convention Center.
3:44:41 p.m.
SUPPLEMENTAL MATERIAL 3: RESOLUTION
R7 L A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE AT ITS MEETING ON MAY 19, 2017, AND AUTHORIZING
ENHANCEMENTS TO THE UNSIGNALIZED PEDESTRIAN CROSSINGS ALONG VENETIAN
WAY, FROM RIVO ALTO DRIVE TO SAN MARINO DRIVE, WITH INTERNALLY ILLUMINATED
(LED) CROSSWALKS, SUBJECT TO FUNDING APPROVAL IN THE CITY'S FISCAL YEAR
2017/18 BUDGET.
Transportation
Commissioner Micky Steinberg
ACTION: Resolution 2017-29903 adopted. Motion made by Commissioner Steinberg to approve
the Resolution; seconded by Commissioner Malakoff; Voice -vote: 7-0. Jose Gonzalez to handle.
Jose Gonzalez, Transportation Director, introduced the item. At the May 19, 2017 Neighborhood
Community Affairs Committee meeting, the Committee recommended exploring implementing
Internally illuminated (LED) crosswalks at three un -signalized pedestrian crossings along Venetian
Way, West Rivo Alto Drive, West Di Lido Drive and West San Marino Drive. The cost of this
improvement is about $150,000 for all three locations. If this is approved, the Transportation
Department would pursue funding through the current budget process, and if budget is appropriated,
they would pursue County approval for the crosswalks.
Page 87 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
3:45:49 p.m.
SUPPLEMENTAL MATERIAL 1: MEMORANDUM
R7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY TO ACCEPT A SPONSORSHIP FROM
BOUCHER BROTHERS MIAMI BEACH, LLC, FOR TABLES, CHAIRS, AND UMBRELLAS
(BRANDED WITH THE BOUCHER BROTHERS LOGO), INCLUDING DAILY SET UP AND TAKE
DOWN SERVICE, TO BE USED EXCLUSIVELY IN CONNECTION WITH THE CITY'S PLANNED
RUE VENDOME "SOFT" STREET CLOSURE BETWEEN 71ST STREET AND NORMANDY
DRIVE; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A SPONSORSHIP
AGREEMENT.
Transportation
ACTION: Resolution 2017-29904 adopted. Motion made by Commissioner Aleman to approve the
Resolution provided that the Administration approves the visual of the logo in the street furniture;
seconded by Commissioner Malakoff; Voice -vote: 7-0. Jose Gonzalez to handle.
Jose Gonzalez, Transportation Director, stated this item is to approve a sponsorship with the
Boucher Brothers. This past March, the City Commission approved the permanent closure of Rue
Vendome, from Normandy Drive to 71st Street; and a three-month soft closure preceding that
permanent closure. The Transportation Department has been working closely with the businesses
along Rue Vendome; they met with the community where different concepts for the soft closure were
presented, as well as the permanent closure. As part of that effort, the Boucher Brothers approached
the City with an opportunity for sponsorship; they will sponsor the tables, chairs and umbrellas, and
they would be responsible for taking down the furniture on a daily basis. Because the street furniture
has their logo and it would be a sponsorship, a Resolution authorizing the City Manager to execute a
sponsorship agreement is required.
Commissioner Aleman moved the item and stated that it is great for the Boucher Brothers to donate
the furniture, but suggested the Administration staff to review the logo.
3:54:01 p.m.
SUPPLEMENTAL MATERIAL 1: RESOLUTION
R7 N RESOLUTION SUPPORTING UNITED STATES CONGRESSIONAL BILLS TO FACILITATE THE
USE OF FOREIGN OFFSHORE SAND IN BEACH NOURISHMENT PROJECTS.
Commissioner Micky Steinberg
ACTION: Resolution 2017-29905 adopted. Motion made by Commissioner Steinberg to approve
the Resolution; seconded by Commissioner Malakoff; Voice -vote: 7-0. Elizabeth Wheaton to
handle.
Commissioner Malakoff explained that for the last 15 years, the Federal Government keeps denying
the sand nourishment from another country.
Commissioner Steinberg moved the approval of the Resolution urging Congress to move forward.
Page 88 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
3:54:41 p.m.
ADDENDUM MATERIAL 1:
R7 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA ("CITY"), OPPOSING PRESIDENT DONALD J. TRUMP'S WITHDRAWAL OF THE
UNITED STATES FROM THE PARIS CLIMATE AGREEMENT; HONORING AND UPHOLDING
THE CITY'S COMMITMENT TO THE POLICIES, GOALS, AND STANDARDS SET FORTH IN THE
PARIS CLIMATE AGREEMENT; AND REAFFIRMING THE CITY'S ROLE AS A GLOBAL URBAN
LEADER IN EFFORTS TO REDUCE GREENHOUSE GAS EMISSIONS, MITIGATE THE IMPACTS
OF HUMAN ACTIVITIES THAT CONTRIBUTE TO CLIMATE CHANGE, AND ENHANCE
RESILIENCY.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA ("CITY"), OPPOSING PRESIDENT DONALD J. TRUMP'S WITHDRAWAL OF THE
UNITED STATES FROM THE PARIS CLIMATE AGREEMENT; HONORING AND UPHOLDING
THE CITY'S COMMITMENT TO THE POLICIES, GOALS, AND STANDARDS SET FORTH IN THE
PARIS CLIMATE AGREEMENT; REAFFIRMING THE CITY'S ROLE AS A GLOBAL URBAN
LEADER IN EFFORTS TO REDUCE GREENHOUSE GAS EMISSIONS, MITIGATE THE IMPACTS
OF HUMAN ACTIVITIES THAT CONTRIBUTE TO CLIMATE CHANGE, AND ENHANCE
RESILIENCY; AND RESPECTFULLY URGING GOVERNOR RICK SCOTT AND THE FLORIDA
LEGISLATURE TO JOIN THE GROWING LIST OF STATES SEEKING TO MEET OR EXCEED
THE GOALS OF THE PARIS CLIMATE AGREEMENT.
Office of the City Attorney
Mayor Philip Levine and Commissioner Micky Steinberg
Co -Sponsored by Commissioner John Elizabeth Aleman and Vice -Mayor Rosen Gonzalez
ACTION: Resolution 2017-29906 adopted. Item heard in conjunction with R7 P. Motion made by
Commissioner Steinberg to approve the Resolution; seconded by Commissioner Aleman; Voice -
vote: 7-0. Elizabeth Wheaton to handle.
Commissioner Steinberg suggested modifying Item R7 P and R7 0 and combining them, and there
was consensus to do so. The difference is item R7 P also urges the State to take action. She added
that now, actions need to be made at local level, and as a City they should look at having a plan by
2025 or 2030 to try to be 100% using renewable energy sources — for instance they can look at
changing the City's fleet, these are changes that local governments can enact.
Handouts or Reference Materials:
1. Email from Eve Boutsis dated June 05, 2017 RE: Vice -Mayor Rosen Gonzalez co -sponsoring Item R7 O.
Page 89 of 111
After Action June 7, 2017 City of Miami Beach
Commission Meeting
ADDENDUM MATERIAL 1:
R7 P A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA ("CITY"), OPPOSING PRESIDENT DONALD J. TRUMP'S WITHDRAWAL OF THE
UNITED STATES FROM THE PARIS CLIMATE AGREEMENT; REAFFIRMING THE CITY'S
COMMITMENT TO REDUCE GREENHOUSE GAS EMISSIONS, MITIGATE THE IMPACTS OF
HUMAN ACTIVITIES THAT CONTRIBUTE TO CLIMATE CHANGE, AND ENHANCE RESILIENCY;
AND RESPECTFULLY URGING GOVERNOR RICK SCOTT AND THE FLORIDA LEGISLATURE
TO JOIN THE GROWING LIST OF STATES SEEKING TO MEET OR EXCEED THE GOALS OF
THE PARIS CLIMATE AGREEMENT.
Office of the City Attorney
Commissioner Micky Steinberg and Co -Sponsored by Vice -Mayor Rosen Gonzalez
ACTION: Item combined with R7 O. See action with R7 O.
Handouts or Reference Materials:
1. Email from Eve Boutsis dated June 05, 2017 RE: Vice -Mayor Rosen Gonzalez co -sponsoring Item R7 P.
09:02:11 a.m.
ADDENDUM MATERIAL 2:
R7 Q A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA CALLING FOR A SPECIAL ELECTION ON NOVEMBER 7, 2017, FOR THE PURPOSE
OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A BALLOT
QUESTION ASKING WHETHER THE CITY COMMISSION SHALL ADOPT AN ORDINANCE
TERMINATING AT 2:00 A.M. (INSTEAD OF 5:00 A.M.) THE SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES AT ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ON
OCEAN DRIVE BETWEEN 5TH AND 15TH STREETS, EXEMPTING INDOOR PORTIONS OF
ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT ARE COMPLETELY ENCLOSED AND
LOCATED ENTIRELY WITHIN HOTELS, AND REQUIRING A 6/7TH 5/7TH VOTE OF THE CITY
COMMISSION TO AMEND OR REPEAL THE ORDINANCE.
Office of the City Attorney
Mayor Philip Levine
ACTION: Resolution 2017-29907 adopted as amended. Motion made by Commissioner Arriola as
amended, with the 5/7 vote and the withdrawal of C4 M; seconded by Commissioner Malakoff. Roll
Call vote: 7-0. Office of the City Attorney and Rafael E. Granado to handle.
AMENDMENTS:
• Reduce the 6/7 requirement to 5/7 majority vote.
• Item C4 M withdrawn per Mayor Levine
RECOMMENDATIONS:
Bring in experts to address the traffic patterns, whether it should be one-way on certain parts of
Ocean Drive;
Look at the noise exceptions;
Research if alcohol hour limitations should be applied indoors as well as outdoors;
Provide better enforcement and more Police presence in the area; and
Rebranding the City right and work with the businesses on Ocean Drive.
Police Chief Daniel Oates stated that in light of the discussions that have occurred in the last week,
he thought it would be helpful to set the stage with the efforts of the City and the Police Department
have taken in the last three years with regard to Ocean Drive. When he came to Miami Beach three
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years ago, there were no special units dedicated to Ocean Drive. There were periodic efforts with
Crime Suppression and Narcotics teams to do searches. In the last three years, there are now 12
Police officers assigned, and 2 full squads working full-time on Ocean Drive. For close to two years,
every Friday, Saturday and Sunday night, during the overlap period for 2 1/2 hours until 1:00 a.m.,
there is an overlap where the afternoon shift and midnight shifts are working, and the Police
Department moves roughly 24 officers down to Ocean Drive to have additional presence and do a
great deal of enforcement. They continue to have periodic surges of narcotics and crime suppression
team efforts in that area. The City has invested in Park Rangers to patrol Lummus Park; the City and
the Police Department have done a great deal of good work with the Ocean Drive Association, such
as the block patrol, which is a civilian private security outfit that works closely with the Police Officers
assigned to Ocean Drive. The City has funded a full squad of homeless liaison Police Officers who
spend roughly 50% of their time in the Entertainment District. Ocean Drive today gets the greatest
concentration of Police resources night after night in the City. One of the operators of the nightclubs
last week talked about the need for Police Officers to be proactive; and he is here to tell them that
Police Officers are proactive; any criticism that they are not is unfair and ill informed. Chief Oates
supplied a memorandum yesterday to the City Commission summarizing what the Police
Department has done in the last three years, including some of the proactive accomplishments since
January 1. These are resources specifically assigned to Ocean Drive. Those teams have made 480
arrests since the first of the year, Police Officers have written 2,700 uniform traffic citations or car
stops on Ocean Drive, along with 670 Police reports. These are the teams put in place on major
weekends, such as Memorial Day, Art Deco Weekend, etc. What has happened in the last three
years by these proactive Police Officers resulted in crime being reduced by 13% Citywide, and 6% in
the last year. This is because of the hard work of the men and women in the Police Department, but
also because the Police Department specifically targeted the areas with the biggest crime challenges
in Ocean Drive. In 2016, in the Entertainment District crime is down 10.5%; within Ocean Drive area,
which is defined as the beach, the Park, Ocean Drive and the 100 block, crime is down 16% in 2016;
the first four months of 2017 a reduction of 18% in the Entertainment District and 11% in Ocean
Drive. Statistically crime is down in the area; the question and the policy discussion is whether crime
is not down enough; however, the statistics are trending in the right direction and the City is
spending Police resources in Ocean Drive. Chief Oates provided in the memorandum all the
innovative efforts that the City and the Police Department have done in the last three years. On
December 16, 2014, an LTC referenced the creation of the first Ocean Drive squad. In 2015, that
team made 797 arrests in the Ocean Drive area. They also put in place temporary beach barriers to
discourage people from going out to the beach at night, and the Police Department added a second
homeless liaison officer. In September 2015, the Police Department announced the deployment of
the overlap shift, which has been in place for roughly two years. This means that during the overlap
period, the Police Officers who are assigned to patrol other areas of the City, that extra level of
protection, is moved to Ocean Drive. In March 2015, the Police Department announced plans for
high impact weekends that included road closures. The Police Department began doing road
closures from 7th to 11th Streets. In July 2016, the Police Department announced in this fiscal year
the creation of an area for command, with a Captain, 12 additional positions within area 4 and a full
homeless outreach team of a Sergeant and four Police Officers that spend roughly 50% of their time
dealing with homelessness issues in the Ocean Drive area. In January 2017, the Police Department
announced the formation of the second Ocean Drive squad. Now the Police Department has Police
Officers assigned full-time to Ocean Drive on the midnight shift, seven days a week, the overlap for
those two shifts is Saturday, so the Police Department has double coverage on Saturday. In January
2017, the City Manager sent an LTC that summarized the 10 -Point Plan. This Plan included very
significant input on a number of issues involving the Police Department, and perhaps the biggest is
the effort around lighting. He recognized the work by Parks, Public Works and the Miami Beach
Police Department to strategically find and add significant lighting at significant expense to the area.
He concluded by saying that any suggestions that Police Officers are not being proactive is deeply
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troubling to him and unfair to the Police Officers. He wanted to illustrate the challenges, and he
played videos from the past weekend regarding two incidents.
Videos 1 and 2 were shown.
Chief Oates added that Police Officers are out there working hard; they are not discouraged by
wearing body cameras, Police Officers are motivated and will continue to be. Police Officers are
having an impact, but are out of resources to do more. Police Officers know how to deploy and do
aggressive policing. However, anyone who thinks Police Officers are not working hard, he invites
them to talk to them. It is his responsibility to explain what Police Officers are doing; they are out
there, motivated, and they will continue to perform in that fashion. Chief Oates suggested for
purposes of discussions considering a different traffic pattern for Ocean Drive; he suggested options
to go to one lane traffic, eliminating all parking and discourage traffic on Ocean Drive, which would
require a great deal of thinking as to how it would be done; there would be significant consequences.
Another option is to turn Ocean Drive into a pedestrian drive, but that creates challenges with regard
to pickups and deliveries and it would be labor intense and required reconfiguration of streets, which
could become very expensive. He appreciated the opportunity to speak on this.
Mayor Levine asked Chief Oates to address 1) the use of non -lethal force, and the use of rubber
bullets, and 2) the Mayor's proposal to let the people of Miami Beach decide if they would like to shut
those bars at 2:00 a.m., that are outside in the streets of Ocean Drive, but not closing those bars
inside Hotels in Ocean Drive. He asked for Chief Oates' professional opinion.
Chief Oates explained that the Police Department has an arsenal of Tess lethal weapons; in fact, they
expanded by one additional less lethal weapon in the last year, but they do not carry or use rubber
bullets as he thinks these are barbaric, but the Miami Beach Police Department has less lethal
weapons, considered to be the state-of-the-art, in their arsenal. He referred to one homicide that
occurred at the News Cafe last year at 6:30 a.m., and the second was Mitch Novick's video of the
bumper car incident that occurred on 9th Street at 6:30 a.m. Not all the efforts being put forth would
put this volume of Police Officers at that time in the morning. They cannot afford that. An analysis
done a year ago, from June 1, 2015 to June 1, 2016 showed with regard to violent crime, 2:00 a.m.
to 5:00 a.m. is the biggest challenge. If the bars close at 2:00 a.m., rather than 5:00 a.m., and people
go home at 1:30 a.m. or 2:00 a.m., rather than 5:00 a.m. or 5:30 a.m., it makes sense to him that
there would be less policing challenge and less crime.
Mayor Levine recognized Chief Oates and the Miami Beach Police Department, and stated that if the
item is approved, the Miami Beach voters could cast their votes on November 7, 2017, and they
could decide whether this happens or not. In the spirit of public debate, he asked those in opposition
and in favor to speak on the item.
Alexander Tachmes, representing Ocean Drive Association, stated that 1) Ocean Drive Association
is not against giving the public the say and vote for what is right, but they are against to rushing into
making a decision or taking action before a comprehensive study is done on a really complex
subject. With regard to decision-making among top leaders in government and businesses, there are
keys to make decisions: one of them being never making a decision until a thorough analysis of the
facts and issues presented are made. He asked the City Commission to do the research and an
analysis and thoroughly understand the issues at hand. This is a complex issue. The matter has not
been studied carefully enough, and he thinks it is premature. So far, no one has presented any
evidence linking a 2:00 a.m. liquor cutoff and a reduction in crime. The second key issue, in terms of
making proper decisions, is that decisions are not made in a vacuum; it is important to look at the
downside of any decision to be made. A bad decision could have irreparable damage to South
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Beach and its global nightlife brand. This is not an overstatement; it is something that most tourism
executives would agree, as it could have a disastrous effect. Lastly, he indicated that one issue
about this item that has not been discussed so far is the 6/7 requirement to reverse the Ordinance,
which is highly unusual, and he strongly recommended that it not be included.
Mayor Levine stated that he is prepared to reduce the 6/7th to 517th vote, as that would make it
possible for everyone to understand. He agrees that in the future, if the people decide this is what
they want, this City Commission next year may take it back to 5:00 a.m.
Mitch Novick stated that voters already addressed this issue and the outcome was clear. He added
that if the party/carnival atmosphere were removed from the streets, it would be less opportunity for
resident, visitors and our Police to be exposed to possible situations of conflict.
Neisen Kasdin, representing Mango's Tropical Cafe, explained that Mango's has been in business
on Ocean Drive for 26 years and the Clevelander for 30 years. In terms of nightlife in this community,
there is no evidence to show that those establishments are part of the problem. He acknowledged
that there is some restraint needed overall in terms of the activity in South Beach. He would
complement the Police on the job they are doing, but what is proposed is wrong for the following
reasons: this is not a ban on the sale of alcoholic beverages to 2:00 a.m.; since it is limited to
outdoor Ocean Drive properties that are not in hotels, it is selective and it is spot zoning, by singling
them out. There is no evidence shown that these establishments are the source of problem.
According to the Chief's comments, these incidents were outside the premises. That allows other
establishments on Ocean Drive to continue to stay open and serve alcohol beverages until 5:00
a.m., some of those being hotels and bars. It also does not prohibit the alcohol sale at 2:00 a.m. on
Washington Avenue, Collins Avenue, Espanola Way, or anywhere else in the City. This is not a
solution to the problem. Any solution should be viewed more comprehensively, should apply
Citywide and not selectively. It would be singling out these particular businesses, which have
historically been part of Ocean Drive and have been good neighbors and a positive part of Ocean
Drive. He asked that this be reconsidered. It is not appropriate to submit it to a Citywide ballot. The
decision makers are the ones who have to weigh the positive, the negatives, and the effects, and not
take issues selectively and put them on the ballot. It is the City Commission's responsibility to
undertake this seriously and with due deliberation.
Frank Del Vecchio and his wife have been full-time residents of Ocean Drive and they have seen the
destruction of the Ocean Drive brand and the rejection by international tourists and those visitors
unaware when they arrive expecting to see a beautiful Art Deco District and find a crime scene on
Ocean Drive. As a retired attorney, he is astounded by the comments made by the two attorneys that
spoke. Mr. Tachmes stated that it would do irreparable damage to reduce the hours to 2:00 a.m.; the
only irreparable damage that would be done would be to their income from liquor sales between 2:00
a.m. and 5:00 a.m. The Chief demonstrated that those are high crime times. Mr. Kasdin pointed out
that there is a lack of evidence to show that those establishments, namely Mango's and Clevelander,
are part of the problem; but in fact, Chief Oates testified that the intensive high crime areas to which
criminals and those whose behaviors is influenced whenever a Police Officer tries to prevent a
violation are precisely in those areas. This item would put on the November 7, 2017 ballot, a
question as to whether to roll back outdoor hours to 2:00 a.m., preserving the opportunity for bona
fide hotels to continue to serve until 5:00 a.m. Under the State's Hotel Regulation Requirements,
hotels are required to provide internal security. Therefore, they have a much higher probability of
preventing illegal behavior indoors, and since the alcohol service would be indoors, they would not
have the outdoor lures that attract crowds and automobiles. The Ordinance with the referral to the
Planning Board, under regulations, requires an analysis to be made, indicating what the cost benefit
to the City would be and the consequences to be able to get the full picture in either case that these
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attorneys are asking for of true cost to the City, reduction in the overall economic benefit to tourism
industry by this particular action. He thinks this Ordinance should be enacted, and if not, the referral
should be made.
Mayor Levine explained that if this item passed and they let the people vote in November, he would
defer Item C4 M today.
Mike Palma, owner of The Clevelander, spoke on behalf of the efforts that the owners on Ocean
Drive have put together in the last nine months; as there is a big mistake blaming the businesses
and not knowing what they have done, since they want a clean and safe community as much as
every resident wants. They entered in good faith into the 10 -Point Plan and immediately went to
work. He personally took it upon himself as an operator to get other businesses involved and
dedicate funds to add security on the streets and get better management of the streets and public
relations campaigns for the streets. A great deal of effort has been put forth and he hates to see that
go to waste and not keep the momentum going. Mr. Palma states that the key is to get the right
people in the right room and learn how to attack the criminal issue. They all saw the vehicles and
what is happening in the street; they have a terrible problem on the streets on the vehicles side and
he implored the Chief to look into that as a solution. The public needs to know that the Ocean Drive
merchants are in support of cleaning up the MXE entirely and working with the City.
Discussion held.
Commissioner Malakoff agrees with Mr. Palma regarding the 10 -Point Plan and they have worked
together to improve the area; nevertheless, the Police Chief also mentioned that violent crime is
highest between 2:00 a.m. and 5:00 a.m. It is clear, as far as the financial analysis, that the City
spends almost one million dollars annually to keep Ocean Drive safe between those hours. From the
sales of the alcohol between 2:00 a.m. and 5:00 a.m., the City collects almost $200,000, so the City
has a net loss from that. Although this is important from the financial standpoint, what is more
important is that she does not believe anything good happens between 2:00 a.m. and 5:00 a.m. She
believes 2:00 a.m. is a good cutoff time for alcohol sales, it makes sense and voters should vote on
it.
Commissioner Grieco will vote for the item with the 517th vote of the majority, as he thinks the City
has a sophisticated electorate, and he thinks it will provide five months of educated debate. He does
not believe Miami Beach is a 2:00 a.m. town Citywide; however, he has sponsored or co-sponsored
items where the City Commission has discontinued the proliferation of 5:00 a.m. alcohol licenses in
certain areas of the City, such as Sunset Harbour, West Avenue and South of Fifth. Demographics
change, the City changes, and what was once an industrial area, or what was once a neglected area
is now filled with residents. In regards to Ocean Drive, he is concerned about the loss of jobs, and
what the headlines would be in a national newspaper; he is concerned that the international
message would be that the "party is over." This City Commission must be very careful about the
decisions they make. Tourism has been impacted over the last year or two. There has been a shift in
international domestic tourism because of certain things happening at national level; the desire of
travelers from other places to visit the USA, the issues of economy in South America, the obvious
Zika factor, and other factors that are not just straight dollars and cents. He believes this is an
important issue. Miami Beach postcards most of the time show Ocean Drive, that is what people
envision outside of the area, it is an iconic street, and he agreed with putting the ballot out to the
voters. Regarding voting on this issue last year, there was actually a sign that said this would not
count, and that affected the vote drastically. That is one of the motivations of putting this on the
ballot and he will support the item with no reservations.
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Vice -Mayor Rosen Gonzalez went to Ocean Drive during Spring Break; she went to the beach and
was shocked by the huge cloud of marijuana smoke in the air. She believes that the
decriminalization of marijuana proposed by Mayor Levine in 2015 has created the sort of
atmosphere that "anything goes" in Miami Beach. The people selling the drugs on street corners
think it is acceptable to do this here. She added that when this was done, Mayor Levine rebranded
the City as a place where anything goes, and she believes crime worsened. She thinks it is
contributing to the party atmosphere. She suggested reconsidering the marijuana process. She
thinks if they want to do a rebranding, she suggested bringing a professional in to look at the entire
area from Lincoln Road to Ocean Drive, and come up with a Comprehensive Plan regarding alcohol
and marijuana. The messages being sent are contradicting. She suggested for Chief Oates to be
present on Ocean Drive every single day, as Chief of Police, and oversee the work of every single
officer until this is resolved. They need to be more understanding of body cameras. In regards to the
bullet situation, she wanted to know and understand what is happening. She supports the item to go
on the ballot, but the message to be sent must be the right one. She requested better enforcement
and more Police presence in the area and suggested rebranding the City right, and working with the
businesses on Ocean Drive in a way that does not work against the community.
Commissioner Aleman added that everyone is concerned with public safety and agrees that the City
is having some identity crisis, but it is the criminal aspect they are trying to address. Under the
leadership of Chief Oates, the Miami Beach Police Department has become a source of pride for the
City, unlike before, and she applauds Chief Oates and the entire Police Department for their efforts.
She believes the body cameras are necessary and protect our Police Officers, and she is in full
support of that. The Mayor's Blue Panel on Ocean Drive was established to look at Ocean Drive and
there were 29 recommendations; Commissioner Arriola prioritized those and the 10 -Point Plan was
created, but it takes time to see the fruits of this labor. She is not sure whether the time to stop
selling alcohol is 2:00 a.m. or not; alcohol will still be sold indoors from 2:00 a.m. to 5:00 a.m. From
the videos they have seen, from the drive by they can see the traffic conditions, the lack of parking
when Police Officers need to stop cars, and there is so much going on with this street party aspect
that has to do with noise, she thinks they need to look seriously at the noise exemption in place.
They also need to take time to make precise and intentional adjustments until they get the results
they want. She is pleased that if the referendum passes that modification should be by 5/7 vote to be
reasonable standard, but she still thinks that 2:00 a.m. is too early. At this point, she wants to push
the pause button and have experts address the traffic patterns, whether it should be one-way; the
noise exceptions, and find out if it is meaningful to have alcohol hour limitations indoors as well as
outdoors.
Commissioner Steinberg is in support of the referendum.
Commissioner Arriola has been out many times with the Miami Beach Police Department during the
midnight shift, and these men and women are doing an amazing job, putting their lives on the line
under intense scrutiny and pressure, with limited time to make life and death decisions. He
recognized Chief Oates for his leadership and the work of the Miami Beach Police Department. It is
not an easy job. He clarified that the ballot language will be changed to a 5/7 votes, and if this
passes, the referral to Planning, Item C4 M, will be withdrawn. This decision correlates to Items R5 T
and C7 W. As the appointed Commissioner to the 10 -Point Plan for Ocean Drive, Commissioner
Arriola strongly disagrees with Mr. Novick that the 10 -Point Plan is not working. Some of it just took
effect as recently as June 1, 2017, including items related to noise. He agrees with Mr. Novick that
more has to be done. A 2:00 a.m. rollback, in his opinion, is not a silver bullet, but it is possible that it
is a step in the right direction. Commissioner Arriola wants to make sure that this City Commission is
fully committed to not just closing bars at 2:00 a.m., but continuing to pursue other ideas, such as the
removal of parking on the east side of Ocean Drive for perhaps six months on the weekends as a
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test, and remove the "carnival -like" atmosphere. There are other elements such as enforcement.
There are some bad businesses on Ocean Drive and in the MXE District that need to be dealt with;
the City Code allows the City to shut these businesses down; however, there are also great
establishments on Ocean Drive and throughout the MXE District that have been great corporate
citizens, such as Mike Palma in particular, who has been a great activist for Ocean Drive, but he has
some uncooperative neighbors, and if they do not fall in line, he will personally vote for 2:00 a.m. in
November. Commissioner Arriola suggested educating the public during the next five months if the
item passes, look at programs to see if they could get the noise and crowd control in order, and then
in November the voters could decide to roll back the hours or not. He recommended that 2:00 a.m.
rollover hours go to the referendum and urged the City Commission to continue to be vigilant on
other things that are just as important as the hours to rollback.
Mayor Levine commended Mike Palma for the great work he does and added that it does not go
unnoticed. He said this to the media and to the press, and now to the public; this is not a Memorial
Day Weekend issue; this is a problem they have 52 weeks a year. The issues they have on Ocean
Drive have taken many years to get to this point. It did not happen in one weekend and it does not
happen to one demographic group of people; everyone is welcomed to Miami Beach, no matter who
they are, what their skin color is or their nation of origin or the religion they believe in. Miami Beach is
known for and will continue to be known for as the most open and tolerant City in America, and they
want to maintain that reputation. The issues they have exist all the time. He does not necessarily
know that this is a silver bullet. They must do multiple things and think about great ideas. Maybe they
will come up with fantastic reforms to upgrade Ocean Drive, and make it a place for families and
residents to visit. It is not that today, but it is incumbent upon them to take action. He thinks it is a
great compromise to bring it to the people and let the voters decide; since they are paying for this
Police force, they are living in the City, and that is the most appropriate thing to do. Commissioner
Grieco brought up a great point. It is up to this City Commission to make sure that Miami Beach does
not do a rollback Citywide to 2:00 a.m. It is only specifically on Ocean Drive for open-air
establishment, if it were to pass in November. Miami Beach has been known as the "Fun and Sun
Capital of the World" and will continue to be, but it is also known as the "Cultural Capital of the
World;" things change; businesses change and evolve, and it is up the City Commission to allow it to
evolve and do what is best for the City. He requested a Roll Call vote.
Motion made by Commissioner Arriola as amended, with the 5/7 vote and the withdrawal of C4M;
seconded by Commissioner Malakoff.
Handouts and Reference Materials:
1. DOLLARS & SENSE — ALCOHOL ON OCEAN DRIVE 2-5 AM ANNUALLY Statistics
2. Memorandum from Commissioner Ricky Arriola to Mayor and Members of the City Commission, dated
June 7, 2017 RE: Update of the Progress of the 10 -Point Plan.
3. Ocean Drive Point Plan
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R9 - New Business and Commission Requests
R9 A BOARD AND COMMITTEE APPOINTMENTS.
Office of the City Clerk
ACTION: The following appointments, reappointments and changes were made:
AD-HOC ADVISORY HOST 2017 U.S. CONFERENCE OF MAYORS
Disbanded as of June 12, 2017
BEACHFRONT MANAGEMENT PLAN AD-HOC ADVISORY GROUP
Greg Guannel Conclude Letter
Vanessa Williams Conclude Letter
Elizabeth Wheaton Conclude Letter
Vincent Canosa Conclude Letter
Steve Boucher Conclude Letter
Sean Leather Conclude Letter
Lisa Spadafina Conclude Letter
Christian Lambright Conclude Letter
Michael Grieco Conclude Letter
Steve Vincenti Conclude Letter
COMMITTEE FOR QUALITY EDUCATION IN MIAMI BEACH
Beth Edwards TE: 6.30.18 TL: 6.30.18 Appointed as Rep. by Nautilus Middle School PTA
Jill Swartz TE: 6.30.18 TL: 6.30.18 Appointed as Rep. by Miami Beach Senior High PTA
Ivan Alvarez TE: 6.30.18 TL: 6.30.18 Appointed as Rep. by Fienberg Fisher K-8 Center PTA
Jessica Rivero Conclude letter
LGBTQ ADVISORY COMMITTEE
Lynare Robbins Conclude Letter
MAYOR'S BLUE RIBBON EMERGENCY RESPONSE COMMITTEE
Jerry Libbin TE: 11.30.17 Appointed by Mayor Levine
William D. Talbert TE: 11.30.17 Appointed by Mayor Levine
MIAMI BEACH COMMISSION FOR WOMEN
Pam Rogers TE: 12.31.17 TL: 12.31.24 Appointed by Commissioner John Elizabeth Aleman
HEALTH ADVISORY COMMITTEE
Daniel W. Nobel, Corporate Category TE: 12.31.17 TL: 12.31.22 Appointed by City Commission
Marc E. Umlas, Physician Category TE: 12.31.18 TL: 12.31.22 Appointed by City Commission
POLICE/CITIZENS RELATIONS COMMITTEE
Prakash Kumar TE: 12/31/18 TL: 12/31/2024 Appointed by Commissioner Steinberg
SISTER CITIES PROGRAM
Jennifer Perez (Other) TE: 12.31.18 TL: 12.31.24 Appointed by Mayor Levine
LIAISON APPOINTMENTS
None:
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Key:
TE: Term Ending
TL: Term Limit
Handouts or Reference Materials:
1. Email from Elizabeth Wheaton, dated June 11, 2017, RE: Ad -Hoc Advisory Host 2017 U.S. Conference of
Mayors.
4:28:39 p.m.
R9 B BOARD AND COMMITTEE APPOINTMENTS - CITY COMMISSION APPOINTMENTS.
Office of the City Clerk
ACTION: The following At -Large appointments were made by acclamation:
HEALTH ADVISORY COMMITTEE
• Daniel W. Nobel, Corporate Category
TE: 12.31.17 TL: 12.31.22 Appointed by City Commission
• Marc E. Umlas, Physician Category
TE: 12.31.18 TL: 12.31.22 Appointed by City Commission
City Clerk Rafael E. Granado explained there is a vacancy in the Health Advisory Committee in the
Corporate Category, and Commissioner Aleman has nominated Mr. Daniel W. Noble. There is also a
vacancy in the Health Advisory Committee in the Physician Category, and Commissioner Steinberg
has nominated Mr. Marc E. Umlas. The City Commission appointed both individuals to the
respective positions on the Health Advisory Board by acclamation.
4:30:00 p.m.
Mayor Levine called for a half an hour recess.
8:30:44 a.m.
8:47:40 a.m.
R9 C DR. STANLEY SUTNICK CITIZEN'S FORUM.
Office of the City Clerk
ACTION: The following individuals spoke:
1. Robert Lansburgh stated that he is opposed to the proposed liquor closing hours on Ocean Drive.
He believes Miami Beach fared well during the Memorial Day Weekend. He added that he
appreciates the efforts of all on the City Commission; it is an under -thanked and under -paid job.
2. Clint White is opposed to the alcohol sale roll back on Ocean Drive from 5:00 a.m. to 2:00 a.m.
The incidents that occurred on Memorial Day Weekend took place much earlier than those times.
Businesses are burdened by high taxes and rent, and the roll backs will further burden
businesses including the Purdy Lounge, which actually said it would have to close.
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3. Bruce Bachmann stated that the Purdy Lounge is not an institution that has made Sunset Harbour
great. It has been a continuous disturbance for the neighbors due to the loud music and rowdy
patrons. There are many businesses and structures, such as the City parking garages that have
greatly contributed to the neighborhood, but Purdy Lounge is not one of them.
4. Ken Bereski informed the City Commission that he is not going away and will continue to
complain about his arrest by the Miami Beach Police Department, which violated his
Constitutional rights. He has suffered health and monetary damages. He is outraged that the
Office of the City Attorney is charging him $2,200 and an additional undisclosed amount for public
records. He accused the City of hiding something. The City Manager and Police Chief have told
him that there are no records of his incident, which he does not believe. The City has inadequate
bicycle facilities and therefore it makes for a high risk of vehicle contact. He attempted to play an
audio clip, which he claims is of the Police Chief saying: "you've got to be kidding me, there will
be no investigation." (Note: Mr. Bereski could not get the audio clip to play on his cellular
telephone.)
Commissioner Aleman stated for the record that this issue has been addressed many times.
Commissioner Grieco stated that he has spoken to Mr. Bereski privately regarding this issue
several times as well.
5. Eyal Levine opposes the rollback of alcohol sale on Ocean Drive. He believes it would result in
many layoffs. He wants to see Ocean Drive improved, but he does not believe this is the proper
manner to do so. He added that the shootings that took place during Memorial Day Weekend
had nothing to do with liquor sales on Ocean Drive.
6. Mitch Novick states that public safety on Ocean Drive has deteriorated to an emergency/crisis
situation. The 10 -Point Plan is not working. All rent on Ocean Drive should be forgone until public
safety has been restored.
7. Victor Agnellini, representing Harris Corporation, asked the City Commission to update the
emergency radios used by Miami Beach first responders to new state-of-the-art equipment
provided by Harris Corporation.
8. Rafael Velazquez stated that the issue of whether to terminate the sale of alcohol at 2:00 a.m.
goes against the character of Miami Beach. He lived on Ocean Drive for five years, and believes
that the nightlife and tourism are what make Miami Beach great. He stands with the residents
and supports people over profits.
9. Daniel Ciraldo stated that he emailed the City Commission regarding item R5 R; and concerns
about giving boards the power to increase building heights on a case-by-case basis.
Handouts or Reference Materials:
1. Ad 1327 published in The Miami Herald
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1:05:51 p.m.
R9 C DR. STANLEY SUTNICK CITIZEN'S FORUM.
Office of the City Clerk
ACTION: The following individuals spoke:
1. Sabrina Contreras, Green Acres Consulting Company, regarding R5 H. She suggested deferring
the item until the Florida Legislature votes on the issue first.
2. Kirk Paskal spoke about Biscayne Beach and parking areas. The parking structure discussed for
Hawthorne and 86th Street was vetted at the Neighborhood and Community Affairs Committee
and the Finance and Citywide Projects Committee to find solutions for residents. Parking spaces
were lost and currently the City owns the lot, and as far as he understands some neighbors in the
abutting single-family home area may be adverse to a garage being visible from their backyards.
This is not about transferring ownership. He suggested reaching out to the neighbors that rent
properties there.
Commissioner Malakoff explained that the back of the garage can be landscaped and it does not
have to be a concrete box.
Discussion continued.
3. DeAnne Connolly Graham stated that an economic study for Ocean Drive has to be done, and
asked whether such a study requires a referendum.
Mayor Levine stated that the opponents would create an economic study that would show that the
impacts would be life changing for Miami Beach.
Commissioner Malakoff stated that during the presentation of the item earlier in the day, the
economic impact was discussed.
Handouts or Reference Materials:
1. Ad 1327 published in The Miami Herald
3:56:05 p.m.
R9 D DISCUSSION REGARDING THE INSTALLATION OF LICENSE PLATE READERS (LPRs) AND
CAMERAS ON UPPER NORTH BAY ROAD.
Continued from May 17, 2017 - R9 W
Police
Vice -Mayor Kristen Rosen Gonzalez
ACTION: Discussion held. Chief Dan Oates handle.
Rick Clements, Deputy Chief of Police, stated that the Police Department is currently looking to
install License Plate Readers (LPRs) on Upper North Bay Road. They received a cost estimate for
each particular camera, but the cameras increase in cost, as the structure and electrical needs differ.
He introduced Detective Aragunde.
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Detective Aragunde stated that they looked at the overall structure of the road. There are too many
side streets going into the road to make it feasible to capture every vehicle that goes through the
area, however, they looked at certain locations in the area to apply the LPRs that could holistically
lockdown the area. These locations are Alton Road and 50th Street; Pine Tree Drive and 47th Street,
and 63rd Street before going on the bridge to Indian Creek.
Deputy Police Chief Clements stated that this type of installation would have four cameras in two
locations, and five in another. This would essential capture the whole location.
Discussion held.
Vice -Mayor Rosen Gonzalez asked what would be the cost of this program, and whether the
neighborhood association knew of it.
Commissioner Steinberg suggested working exclusively to capture the entrances and exits to Miami
Beach, which are MacArthur causeway, Julia Tuttle causeway, 79th Street, 87th Street & Harding
Avenue, and the Venetian causeway.
Commissioner Grieco explained that the City will have a very difficult time installing LPRs on State
roads and causeways, as the Attorney General gave an opinion that he would not allow Florida
municipalities to do so. Miami Beach has an LPR on the Venetian causeway, which has been there
for some years, but in his opinion if the City were to ask the County today to install an LPR they
would not allow it. The City should focus on placing LPRs throughout the City in strategically
advantageous locations, which should remain secret from the public.
Commissioner Malakoff reminded the City Commission that the item is in regards to Upper North
Bay Road, and they should focus on that area. She believes the LPRs may give neighbors peace of
mind, but the fact is that it will not be able to catch every vehicle, because there are many side
streets that lead into the road.
Deputy Police Chief Clements agreed with Commissioner Malakoff's comments that the LPRs on
Upper North Bay Road will not be able to catch every car, but if the neighbors are interested in the
project, despite its flaws, he will go ahead, reach out to the residents, and provide them with cost
estimates.
4:05:30 p.m.
R9 E DISCUSSION REGARDING AN EXCEPTION TO THE PROPOSED LOT AGGREGATION
REQUIREMENT, TO ADDRESS AFFORDABLE AND/OR WORKFORCE HOUSING, WITH
RELATION TO THE NEIGHBORHOOD CONSERVATION DISTRICT ORDINANCE.
Deferred from May 17, 2017 - R9 AH
Commissioner John Elizabeth Aleman
ACTION: Discussion held. Direction approved by acclamation. Thomas Mooney to handle.
DIRECTION:
Mr. Mooney to inform the Planning Board that the City Commission is interested in lot aggregation of
up to three lots for affordable and/or workforce housing.
Commissioner Aleman stated that she wants to amend the suggestion of lot aggregation from five to
three lots. She has been working on workforce and affordable housing with Eve Boutsis, the former
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General Counsel for the Housing Authority, since March 2016. The Housing Authority owns a few
empty lots in North Beach, and it owns lots that have single story contributing buildings in the
Historic District. She would like to see if there is an appetite to have the Housing Authority develop
these lots.
Commissioner Malakoff stated that she has been working on the same project, and reminded the
City Commission that it passed lot aggregation of two lots, and three lots as long as it is related to
workforce housing. This is the only way that it can be assembled to build something. The City should
not be in the way of developing workforce or affordable housing.
Vice -Mayor Rosen Gonzalez stated that the City is building workforce housing across the
Convention Center, and she would like to add affordable housing too. She would agree to the lot
aggregation if it were for affordable housing.
Commissioner Steinberg stated that this is a discussion item to see if there is an appetite for what is
being proposed.
Commissioner Aleman agreed with Commissioner Steinberg, and provided Mr. Mooney with the
direction to go to the Planning Board and inform it that the City Commission is interested in lot
aggregation of up to three lots for affordable and workforce housing.
4:10:40 p.m.
R9 F DISCUSSION REGARDING ILLEGAL KITE SURFING ON 24TH STREET.
Deferred from May 17, 2017 - R9 AM
Vice -Mayor Kristen Rosen Gonzalez
ACTION: Discussion held. Report regarding kite surfing on 24th Street to be brought back at the July
26, 2017 Commission Meeting. Lilia Cardillo to place on the Commission Agenda, if received.
Hernan Cardeno and Eva Silverstein to handle.
RECOMMENDATION:
Bring update report for July 26, 20167 Commission meeting.
Vice -Mayor Rosen Gonzalez stated that kite surfing has been brought to her attention, and she
wanted to know if the City is regulating it.
Thomas Curitore, Assistant Director of Code Compliance, stated that the City has handed out a few
kite surfing violations for operating without a BTR. The most recent case went to the Special Master,
and adjudicated guilty with a cease and desist order.
Discussion continued.
Commissioner Grieco explained that the problem is that there is a group of people who congregate
around 24th Street to kitesurf. Within that community, someone is running an illegal concession
business in that area. He has received complaints from neighbors who believe the beach has been
appropriated by the kite surfers. The City needs to determine whether they are not only running an
illegal business, but also a safe business.
Vice -Mayor Rosen Gonzalez asked what would be done regarding this matter.
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City Manager Morales stated that they would take a closer look at what is going on at 24th Street,
and see if the location is safe for such an activity, and whether there is a business operating there.
Hernan Cardeno and Eva Silverstein to handle.
3:47:49 p.m.
R9 G UPDATE ON THE TEMPORARY CLOSURE OF RUE VENDOME.
Transportation
ACTION: Discussion held. Jose Gonzalez and Eric Carpenter to handle.
Jose Gonzalez, Transportation Director, provided an update and stated that the City has been
working with the community. They received endorsements for the closure, and anticipate a rollout of
the soft closure in mid-July.
Commissioner Aleman asked for an update on the facilitation to help sidewalk cafe operators with
proper permitting.
Jay Fink, Assistant Public Works Director, stated that they would meet collectively with each
business owner interested in having a sidewalk cafe.
3:49:23 p.m.
R9 H MIAMI BEACH TRANSIT CONNECTION UPDATE.
Transportation
Discussion held. Jose Gonzalez to handle.
Jose Gonzalez, Transportation Director, introduced the item and provided an update on the Beach
Corridor Transit Connection Project, both long and short-term initiatives. Pursuant to a Resolution
adopted in December 2016, the Transportation Department has been working closely with the
County on two fronts, first to explore Federal, State, and local funding, as well as any other
opportunities to advance short-term initiatives. On June 6, 2017, the City had a productive meeting
with County staff and their consultant where they discussed information sharing. There has been a
great deal of data and reports that Miami Beach has completed. As part of the meeting, they
discussed Express Bus Services for short-term solutions that should start at the end of this year. To
reaffirm the County's commitment towards the larger project, there was a Resolution sponsored by
Bruno Barreiro, Audrey Edmonson and Sally Heyman directing the County Mayor to obtain written
funding commitment at maximum funding levels. (See Handouts.)
City Manager Morales added that no decision has been made as to what technology will be used to
connect mass transit.
Commissioner Malakoff stated the residents do not want an elevated metro light rail coming into
Miami Beach.
Vice -Mayor Rosen Gonzalez asked for a status update on the trolleys.
Mr. Gonzalez stated they would provide an update on July 26, 2017. He stated he had a
presentation with the Wynwood Business Improvement District (BID) last Friday.
Vice -Mayor Rosen Gonzalez asked if the Wynwood BID had funding to provide.
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Mr. Gonzalez stated the Wynwood BID did not have funding available, but they thought it would be
good for the City to approach the OMNI Redevelopment Agency (Clerk's Note: Official name is the
OMNI / Midtown CRA). He reassured the City Commission that there was a positive response, but
the funding will be a challenge.
Vice -Mayor Rosen Gonzalez asked if they could go to the City of Miami and tell them to give the City
half the funding.
Discussion held
Mayor Levine informed Mr. Gonzalez to come back on July 26, 2017.
Handouts or Reference Materials:
1. Memorandum from Abigail Price -Williams, County Attorney, to Honorable Chairman Esteban L. Bovo, Jr.,
and Members, Board of County Commissioners dated June 6, 2017, RE: Resolution reaffirming Miami -
Dade County's commitment to the full implementation of the Beach Corridor Transit Connection, including
the connection across the MacArthur Causeway, as a transit priority under the Strategic Miami Area Rapid
Transit Plan; and directing the County Mayor to coordinate with State and Federal officials written funding
commitments, at maximum funding levels, toward the Beach Corridor Transit Connection through
programs including, but not limited to, the Florida New Starts Transit Program, Federal New Starts
Program, and Program of Interrelated Projects.
4:15:43 p.m.
R9 I REPORT ON THE INVESTIGATION INTO THE CAT THAT HAD TO BE EUTHANIZED AFTER
BEING FOUND IN AN ALLEY WITH AN ARROW PIERCED THROUGH ITS HEAD AND NECK.
Vice -Mayor Kristen Rosen Gonzalez
Discussion held. Chief Dan Oates to handle.
Chief Oates stated they have invested much energy on the issue, and they are still progressing. The
Police Department served a search warrant and recovered evidence from a hotel and the evidence
is being forensically analyzed.
Vice -Mayor Rosen Gonzalez suggested sending an official communication to residents once the
Police find the person responsible and he/she is brought to justice.
Discussion continued.
Commissioner Grieco stated that the Police Department is progressing on the issue. He stated that
he has known about the warrant for several weeks and he is glad that it has become public. There is
difference between evidence and evidence to make an arrest and the more information they release
the more compromised the investigation will be. Commissioner Grieco stated that everyone is taking
the issue seriously and asked the public to be patient.
Mayor Levine thanked Vice -Mayor Rosen Gonzalez for putting the item on the agenda.
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4:18:17 p.m.
R9 J DISCUSS THE POSSIBILITY OF AND THE LEGALITIES INVOLVED IN CREATING AN
ORDINANCE TO PROTECT CONDOMINIUM RESIDENTS' VIEWS.
Vice -Mayor Kristen Rosen Gonzalez
Discussion held. Office of the City Attorney to handle.
Vice -Mayor Rosen Gonzalez stated there was a Design Review Board meeting, which contained an
item that frustrated many residents. She asked how the City Commission would feel about creating
guidelines surrounding obligations to protect resident's views. She was disturbed by how many
emails she received relating to one project; she was not aware what happened at the Design Review
Board meeting and asked Eve Boutsis to explain.
Eve Boutsis, Chief Deputy City Attorney, explained the item on the Design Review Board agenda
was continued until September. The applicant will talk to the neighbors and try to work something
out. She has two interns working on research and will report later with an update.
3:15:37 p.m.
SUPPLEMENTAL MATERIAL 1: ATTACHMENTS
R9 K DISCUSSION REGARDING THE WORLD OUTGAMES CANCELLATION.
Commissioner John Elizabeth Aleman
Discussion held. Eva Silverstein to handle.
DIRECTION:
Create funding protocols for such events. Eva Silverstein to handle.
Commissioner Aleman congratulated City staff that managed to salvage many events through
receptions and closing ceremonies, but to have the event cancelled at the last minute reflected
poorly on the City of Miami Beach. She thanked the people who came through at the last minute and
donated money to help salvage what events could be saved. She believes the City needs to address
this publicly and she is concerned as to where the City goes from here.
Eva Silverstein, Tourism and Cultural Development Director, discussed a few locations where events
were held, but regarding the audit update, she introduced James Sutter, the City's Internal Auditor.
James Sutter, Internal Auditor, stated that he was directed to audit the World OutGames as soon as
possible. He and his staff commenced the audit on Saturday, the opening day of the games. He
stated the World OutGames staff was cooperative even though they had limited personnel. They are
about 80% completed and they are looking for further documentation. He did not elaborate about the
findings, but he stated they met with local Miami Beach Police and discussed their findings with
them; the Police will go to the Office of the State Attorney because there was a request to do so.
Commissioner Aleman stated that there was mismanagement and they need to know if there was
fraud, if so then the people would be held accountable.
Jimmy L. Morales, City Manager, recognized the organizations and agencies that assisted with the
Games and finding locations at the last minute. Cindy Casanova from the Parks and Recreation
Department was coordinating events and locations all while on vacation. They are meeting with hotel
owners and the international organizations concerned about the athletes that did not get to compete;
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some athletes also want reimbursement. He is not sure if there is any money out there, though they
will look into it. The lesson to learn is that government grants should be restructured in the future,
particularly for first-time events.
Mayor Levine stated that there are many events each year where people ask for funding, the City is
not responsible for those events, even if the event fails to go through. He asked Eva Silverstein if
they could create protocols for funding.
Ms. Silverstein replied that they are working on funding criteria for grants.
4:19:27 p.m.
R9 L DISCUSSION REGARDING ADDING AN UPSCALE FAMILY ORIENTED CONCEPT LIKE A
PLAYGROUND/PLAY AREA FOR CHILDREN ON LINCOLN ROAD.
Commissioner Micky Steinberg
Discussion held. John Rebar and Adrian Morales to handle.
DIRECTION:
Bring back options for this proposal. Adrian Morales to handle.
Commissioner Steinberg wanted to take the opportunity, before it is too late without slowing down
the process, to introduce the idea of playground -like area on Lincoln Road for younger children. She
believes it is convenient and a good addition to the Lincoln Road experience.
Commissioner Grieco stated that he liked the idea, he wanted to see it, though it went through a
lengthy process and almost every business owner and resident turned down the idea. They could go
back and try to add it, though he remembers clearly that the idea was not favored. He added that the
only place that this would fit is in the Euclid Avenue intersection.
Commissioner Steinberg likes what is happening at the Euclid area because it needs to be versatile.
Since the City is closing the Drexel portion, she asked if that is the direction.
Adrian Morales, Property Management Director, stated that they are in the process of reviewing
whether they can close Drexel. They have contacted James Corner Field Operations and his team,
and they are looking to see if they can close the South part of Drexel and the South part of Euclid.
Commissioner Steinberg stated that she does not remember this idea being turned down. She
contacted the representative from the Lincoln Road Business Improvement District (BID) and they
seemed to be agreeable to the idea, and suggested moving this on a dual tract so that it would not
slow down any process. The idea was brought to her from residents. It is good for business and
adds layers of patrons from all over the world. If there were an appetite, she would like to move this
forward, keeping in mind that they do not disturb what is going on in Euclid.
Adrian Morales stated that they would contact the appropriate people and come back with options to
see what it would look like.
Commissioner Aleman stated that another possibility is closing Lincoln Lane near the New World
Symphony.
Discussion continued.
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Mayor Levine instructed Adrian Morales to come back with options.
4:24:10 p.m.
SUPPLEMENTAL MATERIAL 1: ATTACHMENTS
R9 M DISCUSSION REGARDING A REQUEST THAT THE CITY MANAGER PRORATE THE ANNUAL
SQUARE FOOTAGE FEE FOR SIDEWALK CAFE PERMITTEES LOCATED ON ESPANOLA WAY
(THAT ARE IN GOOD STANDING) SO THAT A SQUARE FOOTAGE FEE IS ONLY CHARGED
FOR THE PERIOD BETWEEN JUNE 1, 2017 AND SEPTEMBER 30, 2017.
Office of the City Attorney
Commissioner Michael Grieco
ACTION: Discussion held. Item moved from R7 J.
DIRECTION:
1. Give credit for fees to sidewalk cafe businesses on Espanola Way for next year, the manner of
calculation to be determined by the Administration. Eric Carpenter to handle.
2. Administration to develop a credit policy for future projects that impact sidewalk cafe businesses.
Eric Carpenter to handle.
Commissioner Grieco stated that he heard that the ribbon cutting ceremony for the Espanola Way
grand reveal was great. Unfortunately, he was not able to make it, but added that the photographs of
the event looked amazing. Commissioner Grieco stated that many of the cafes on Espanola Way
suffered during this extensive project and the businesses were hit hard. Commissioner Grieco stated
that as the City goes through the Lincoln Road project, they would be having the same conversation
regarding taking care of those cafes. There was some commentary this morning as to how the City
should be taking chairs and tables from the public right-of-way, but Miami Beach has many outdoor
cafes, such as on Lincoln Road and Espanola Way, and now they are trying to encourage outdoor
cafes on Washington Avenue. However, they should be retroactively looking at the outdoor cafe fees
charged on Espanola Way during the construction project, and the issue was never addressed.
Commissioner Grieco asked staff to explain how the Espanola Way outdoor cafe businesses were
being charged throughout the process.
Jay Fink, Assistant Director Public Works, stated that he could speak to the fees that were charged
for the sidewalk cafes, and David Martinez, Director of CIP, could speak to the construction. One
thing that was done during the construction is that the contractor bent over backwards to ensure that
the sidewalk cafes stayed in operation. They were disrupted individually as sidewalks were poured.
In the past, the City has abated sidewalk cafe fees when a business is completely put off the
sidewalk due to reconstruction. This was done on Lincoln Road, from Washington Avenue to Collins
Avenue, when that portion was rebuilt; there were some sidewalk cafes there that were put off the
sidewalk during extensive periods. It was not exactly a similar situation as in Espanola Way, where
the majority of construction was in the middle of the street so the sidewalk cafes were mostly able to
stay in business. Mr. Fink added that the businesses did incur debris, dust, etc.
Commissioner Grieco stated is not suggesting that the businesses had to take away many tables.
However, Espanola Way during the construction looked like Fallujah. The businesses suffered.
Espanola Way was a hot area before the construction, and the businesses were doing really well
before the City broke ground. This is strictly himself walking in the area, and using his layperson best
judgment. Commissioner Grieco wants the City Commission to consider prorating the annual square
footage fee for sidewalk cafe permittees in good standing, located on Espanola Way, as well as
considering a similar proration in the future for similar such projects.
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Commissioner Steinberg is glad that Commissioner Grieco brought up the item, as the City will be
doing a great deal of other work, whether it is on Lincoln Road or Washington Avenue. Whatever the
City is doing streetwise, prorating the annual square footage fee for sidewalk cafe permittees should
be something that the City considers. If the City is working on the street while the operator is trying to
conduct business, the City must look into this.
Mayor Levine agreed with the statements made by Commissioners Grieco and Steinberg, and added
that proration in such circumstances is a good business practice.
City Manager Morales suspects that what occurred is that last October the businesses on Espanola
Way paid their annual sidewalk cafe fees.
Mr. Fink interjected that some of the business are still in negotiations as to the fees.
City Manager Morales stated that the City could issue a credit for next year to those businesses that
already paid.
Commissioner Grieco asked that the City Manager come up with something fair for the business.
By acclamation, the City Commission gave direction to the City Manager to credit fees to sidewalk
cafe businesses for next year, and the manner of calculation to be determined by the Administration.
Handouts or Reference Materials:
1. Email from Nick Kallergis dated May 26, 2017 to Michael Grieco RE: Espanola Way sidewalk cafe permit
fee waiver.
ADDENDUM MATERIAL 2
R9 N DISCUSSION REGARDING A NON-BINDING STRAW VOTE ON THE RIGHT OF THE PEOPLE
TO VOTE VIA REFERENDUM ON A STRONG MAYOR FORM OF GOVERNMENT.
Vice -Mayor Kristen Rosen Gonzalez
ACTION: Item deferred to July 26, 2017 by the sponsor, Vice -Mayor Rosen Gonzalez.
10:28:43 a.m.
ADDENDUM MATERIAL 2
R9 0 DISCUSSION REGARDING THE COMMERCIAL/RESIDENTIAL INTERFACE IN THE FLAMINGO
PARK NEIGHBORHOOD, WHERE THE PLANNING DEPARTMENT HAS GRANTED AN
ENTERTAINMENT PERMIT AT 1601 DREXEL AVENUE, A COMMERCIAL BUILDING
SURROUNDED BY 7 RESIDENTIAL BUILDINGS.
Vice -Mayor Kristen Rosen Gonzalez
ACTION: Item not added to the Commission Agenda. Item to be heard at the July 26, 2017
Commission Meeting. Lilia Cardillo to place on the Commission Agenda. Thomas Mooney to
handle.
City Clerk Granado explained that a 5/7 vote is required to add Item R9 0, sponsored by Vice -Mayor
Rosen Gonzalez, to today's Commission Agenda.
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Commissioner Arriola explained the reasons he will vote in opposition is on the principal of the issue.
He told Vice -Mayor Rosen Gonzalez that the Commission receives numerous discussion items at
the last minute, and many of the items end up being deferred. Looking at the end of the discussion
section, all the items there are placed by Vice -Mayor Rosen Gonzalez. He asked his colleagues to
try to limit discussion items to things that need the full body to deliberate, versus referring to staff for
handling. He suggested that this item be instead placed on the July 26, 2017 Commission Agenda.
Vice -Mayor Rosen Gonzalez explained that she wanted to give a City resident time for the City
Commission to hear this item.
Motion made by Vice -Mayor Rosen Gonzalez; seconded by Commissioner Steinberg to add
Addendum Item R9 0 to the Commission Agenda. Roll call: 3-4; Opposed: Mayor Levine and
Commissioners Aleman, Arriola and Malakoff. Motion failed. The item will be heard at the July 26,
2017 Commission Meeting.
Adam Sherroff spoke.
Commissioner Aleman changed her yes vote to a no.
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R10 - City Attorney Reports
10:35:09 a.m.
ADDENDUM MATERIAL 2
R10 A CLOSED ATTORNEY-CLIENT SESSION.
PURSUANT TO §286.011, FLORIDA STATUTES, THE CITY ATTORNEY HEREBY ADVISES THE
MAYOR AND CITY COMMISSION THAT HE DESIRES ADVICE CONCERNING THE FOLLOWING
PENDING LITIGATION MATTER:
CITY OF MIAMI BEACH V. HARGREAVES & ASSOCIATES, ET AL. CASE NO. 10-61979 CA 03
CIRCUIT COURT, 11TH JUDICIAL CIRCUIT
THEREFORE, A PRIVATE CLOSED ATTORNEY-CLIENT SESSION WILL BE HELD DURING THE
LUNCH RECESS OF THE CITY COMMISSION MEETING ON JUNE 7, 2017, IN THE CITY
MANAGER'S LARGE CONFERENCE ROOM, FOURTH FLOOR, CITY HALL TO DISCUSS
SETTLEMENT NEGOTIATIONS AND/OR STRATEGY RELATED TO LITIGATION
EXPENDITURES WITH REGARD TO THE ABOVE -REFERENCED LITIGATION MATTER.
THE FOLLOWING INDIVIDUALS WILL BE IN ATTENDANCE: MAYOR PHILIP LEVINE; MEMBERS
OF THE CITY COMMISSION; MICKY STEINBERG, JOY MALAKOFF, MICHAEL GRIECO, RICKY
ARRIOLA, KRISTEN ROSEN-GONZALEZ, AND JOHN ELIZABETH ALEMAN; CITY MANAGER
JIMMY L. MORALES, CITY ATTORNEY RAUL J. AGUILA, FIRST ASSISTANT CITY ATTORNEY
STEVEN ROTHSTEIN, MEREDYTH COOPER, ESQUIRE AND MARK HENDRICKS, ESQUIRE.
Office of the City Attorney
ACTION: Closed Attorney -Client Session announced and held.
12:05:03 p.m.
Raul J. Aguila, City Attorney, announced that an Attorney -Client session shall commence and will be
held at 12:00 p.m. in the City Manager's Large Conference Room, Fourth Floor, regarding the
following case: City of Miami Beach v. Hargreaves & Associates, Et Al. Case No. 10-61979 CA 03
Circuit Court, 11th Judicial Circuit. The following individuals will be in attendance: Mayor Philip
Levine; Members of the City Commission; Micky Steinberg, Joy Malakoff, Michael Grieco, Ricky
Arriola, Kristen Rosen Gonzalez, and John Elizabeth Aleman; City Manager Jimmy L. Morales, City
Attorney Raul J. Aguila, First Assistant City Attorney Steven Rothstein, Meredyth Cooper, Esquire
And Mark Hendricks, Esquire.
Reports and Informational Items
1. REPORT FROM COMMISSION COMMITTEES OF WITHDRAWN ITEMS NOT HEARD WITHIN (6)
SIX MONTHS FROM REFERRAL DATE.
Office of the City Clerk
ACTION: Report given. Commission Committee Liaisons to handle.
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NOTICES
1. MIAMI BEACH REDEVELOPMENT AGENCY (RDA) MEMBERS.
2. HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA. (See Ad 1327)
3. USE OF AUDIO VISUAL EQUIPMENT IN THE COMMISSION CHAMBERS FOR
PRESENTATIONS DURING PUBLIC MEETINGS. (See Ad 1327)
4. 2017 COMMISSION MEETING DATES.
5. ADVERTISEMENTS FOR THE JUNE 7, 2017 COMMISSION MEETING. (See Ads 1310, 1311,
1322, 1322B, 1327, 1328, 1329, 1330, 1331, 1332, 1333, 1334, 1335, 1336, 1338, 1339, 1340,
1341, and 1342)
6. TIME CERTAIN.
7. CITY COMMISSION AT -LARGE NOMINATIONS - RELEASE(S).
Meeting adjourned at 5:39 p.m.
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