2008-910_Reg_title
i
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 10, 2008
Mayor Matti Herrera Bower
Vice-Mayor Richard L. Steinberg
Commissioner Saul Gross
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Robert E. Parcher
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
REGULAR AGENDA
R5 - Ordinances
R5A Mechanical And Robotic Parking Systems
An Ordinance Amending The Land Development Regulations Of The City Code By Amending
Chapter 130 “Off-Street Parking,” Article II “Districts, Requirements,” By Creating Section 130-38
“Mechanical And Robotic Parking Systems” To Permit Mechanical Parking Devices And Robotic
Parking Systems To Be Used In Order To Satisfy Parking Requirements; Providing For Repealer;
Codification; Severability And An Effective Date. 10:40 a.m. Second Reading Public Hearing
(Page 290)
(Planning Department)
(First Reading on June 25, 2008)
R5B An Ordinance Amending Chapter 106 Of The City Code Entitled “Traffic And Vehicles”; By Amending
Article X, Entitled “Pedicabs” By Amending Section 106-465 Entitled “Operations” To Require
Pedicab Driver’s Permits And Providing Regulations, Enforcement Provisions, And Fines And
Penalties Relative Thereto, And Renumbering The Subsections In Section 106-465, Accordingly;
Providing For Repealer; Severability; Codification; And An Effective Date. 11:00 a.m. Second
Reading Public Hearing (Page 309)
(City Manager’s Office)
(First Reading on July 16, 2008)
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 City Clerk's Office. Questions
regarding the provisions of the Ordinance should be directed to the Office of the City Attorney.
Regular Agenda, September 10, 2008
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R5 - Ordinances (Continued)
R5C An Ordinance Amending Chapter 2, Article III, Of The Miami Beach City Code, Entitled “Agencies,
Boards And Committees,” By Creating Division 31, Entitled “Sustainability Committee,” And Sections
2-190.140 Through 2-190.143 Thereto; And Providing For Codification, Repealer, Severability, And
An Effective Date. First Reading (Page 324)
(City Manager’s Office)
R7 - Resolutions
R7A A Resolution Approving On First Reading, In Accordance With Chapter 163, Florida Statutes (The
Florida Local Government Development Agreement Act), A Development Agreement Between The
City Of Miami Beach And Berkowitz Development Group, Inc., For The Construction Of Public Right-
Of-Way Infrastructure Improvements, Including Curb, Gutter, Sidewalks And Drainage, On Lenox
Avenue And On Sixth Street; Further Setting Second And Final Reading Of The Aforestated
Development Agreement For October 7, 2008. 10:20 a.m. First Reading Public Hearing
(Page 331)
(Community & Economic Development)
(Continued from July 16, 2008)
R7B A Resolution Retroactively Waiving The Development Regulations For The Construction Of A
Temporary Parking Lot In Collins Park To Temporarily Replace Lost Parking While The East Parking
Lot, Located On Collins Avenue Between 21st And 22nd Streets, Is Renovated, Pursuant To Section
142-425(D) Of The City Code. 10:30 a.m. Public Hearing (Page 418)
(Planning Department)
R7C A Resolution Approving, On Second Reading, Following A Duly Noticed Public Hearing, A Lease
Agreement Between The City And Mystery Park Arts Company, Inc. (D/B/A Sobe Music Institute), As
Top Ranked Proposer Pursuant To Request For Proposals (RFP) No. 03-07/08, For Use Of The Carl
Fisher Clubhouse, Located At 2100 Washington Avenue, For The Purpose Of Providing Cultural
Programming For The Residents Of The City; Said Lease Having An Initial Term Of Two (2) Years,
Commencing Retroactively On September 1, 2008, And Ending On August 31, 2010, With Three (3)
Additional One (1) Year Renewal Term, At The City’s Sole Discretion; Further Authorizing The Mayor
and City Clerk To Execute The Lease Agreement. 10:35 a.m. Second Reading Public Hearing
(Page 431)
(Community & Economic Development)
(First Reading on July 16, 2008)
R7D A Resolution Authorizing The Mayor And The City Clerk To Execute A State Housing Initiatives
Partnership (SHIP) Program Agreement Between The City And Miami Beach Community
Development Corporation, In The Amount Of $836,209 From Fiscal Year 2006/2007, To Continue An
Affordable Housing Rehabilitation Component For The Scattered-Site Home Ownership Program,
Providing Rehabilitation, Down Payment Assistance, And Home Ownership Counseling For Units
Purchased By Eligible Home Buyers, And For The Rehabilitation Of Vacant Multi-Family Buildings
To Be Converted Into Rental Units For Income Eligible Participants Under The Rules Of The Ship
Program And The City’s Local Housing Assistance Plan. (Page 456)
Regular Agenda, September 10, 2008
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(Housing & Community Development)
R7 - Resolutions (Continued)
R7E A Resolution Approving The Selection Of A Public Art Commission For The 1100 Block Of Lincoln
Road, By The Artist Dan Graham, Entitled “Pavillion” (Working Title), As Recommended By The Art
In Public Places Committee, Design Review Board And Neighborhoods/Community Affairs
Committee; Further Authorizing The City Manager To Negotiate And Execute Into An Agreement
With UIA Management, LLC (UIA), The Developer Of The Adjacent 1111 Lincoln Road Project, For
The Design, Fabrication, Insallation, And Certain Ongoing Maintenance Of Said Public Work.
(Page 477)
(Tourism & Cultural Development)
R7F A Resolution Approving All Material And Substantive Terms Of The Agreement Between The City
And Global Spectrum, LP (Global) For The Operation, Management, Maintenance, Promotion And
Marketing Of The Miami Beach Convention Center, Colony Theatre, And Byron Carlyle Theater;
Approving, In Substantial Form, The Management And Operation Agreement Between The City And
Global, As The Successful Proposer Pursuant To Request For Proposals No. 20-07/08, And
Authorizing And Directing Global And The City Manager And City Attorney's Office To Make Any
Non-Substantive And Non-Material Revisions And/Or Additions To The Agreement, As Required, To
Finalize Same; Further Authorizing The Mayor And City Clerk To Execute The Final Agreement; Said
Agreement Having An Initial Term Of Three(3) Years, Commencing On October 1, 2008, And Ending
On September 30, 2011, With Two(2) One Year Renewal Terms, To Be Exercised At The City's Sole
Option And Discretion. (Page 504)
(Tourism & Cultural Development)
(Memorandum & Resolution To Be Submitted In Supplemental)
R9 - New Business and Commission Requests
R9A Board And Committee Appointments. (Page 506)
(City Clerk’s Office)
R9A1 Board And Committee Appointments - City Commission Appointments. (Page 512)
(City Clerk’s Office)
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (1:30 p.m.) (Page 526)
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.)
R9C Discussion Regarding Sunset Islands 1 & 2 Flooding, Drainage, Capital Improvements And Nautilus
Neighborhood Flooding Remediation. (Page 528)
(Requested by Commissioner Edward L. Tobin)
(Deferred from July 16, 2008)
R9D Status Report On Undergrounding Of Utilities. (Page 530)
(Requested by Commissioner Edward L. Tobin)
Regular Agenda, September 10, 2008
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R9 - New Business and Commission Requests (Continued)
R9E Discussion And Referral To The Land Use And Development Committee Regarding The Lack Of
Drainage On The Normandy Shores Golf Course. (Page 534)
(Requested by Commissioner Jerry Libbin)
R9F Discussion Regarding The Existing Trash Ordinance Pertaining To The Beach Areas Of Miami Beach
And Its Enforcement. (Page 538)
(Requested by Commissioner Jerry Libbin)
R9G Discussion Regarding The Noise Ordinance In Regards To Building Owner Responsibilities And
Violation Schedule. (Page 556)
(Requested by Commissioner Deede Weithorn)
R9H Discussion Regarding The Status Of CIP-Related Lighting, Landscaping And Sidewalk Work In The
1300-1700 Blocks Of Marseille Drive And Calais Drive. (Page 558)
(Requested by Commissioner Jonah Wolfson)
R9I Discussion Regarding Live Nation’s Management Agreement. (Page 560)
(Requested by Commissioner Jerry Libbin)
R9J Discussion Regarding A Resolution Opposing The Approval Of Off-Shore Oil Drilling In The Gulf Of
Mexico In Areas Other Than Those Already Approved For Oil Leasing And Oil Exploration.
(Page 570)
(Requested by Commissioner Saul Gross)
R9K Discussion Regarding 1100 Block Of Lincoln Road Construction Budget And Development
Agreement. (Page 576)
(Requested by Commissioner Edward L. Tobin)
R9L Discussion Regarding A Resolution Acknowledging And Agreeing With The Interpretation Of The
Planning Director And The City Attorney’s Office, Pertaining To Section 138-72 Of The Miami Beach
City Code, Entitled “Pennants, Banners, Streamers, Flags And Flagpoles;” Said Interpretation
Providing That, Under The Current Provisions Of Section 138-72 (As Written), The Installation And
Display Of The Rainbow “Pride” Flag, Which Is An Internationally Recognized Cultural Symbol Of
Diversity, Is Permitted In The City Of Miami Beach, Subject To And Conditioned Upon The
Requirements For Flags And Flagpoles, As Set Forth In Section 138-72 (B)(1) Through (5) Of The
Code. (Page 578)
(Requested by Mayor Matti Herrera Bower)
Regular Agenda, September 10, 2008
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Reports and Informational Items
A City Attorney’s Status Report. (Page 582)
(City Attorney’s Office)
B Parking Status Report. (Page 590)
(Parking Department)
C Status Report On The Rehabilitation Of The Existing Building And Construction Of The New Fire
Station No. 2. (Page 610)
(Capital Improvement Projects)
D Status Report On The Construction Of The Normandy Shores Golf Course And Facilities.
(Page 612)
(Capital Improvement Projects)
E Informational Report To The Mayor And City Commission, On Federal, State, Miami-Dade County,
U.S. Communities, And All Existing City Contracts For Renewal Or Extensions In The Next 180 Days.
(Page 616)
(Procurement)
F Status Report On 28th Street Pump Station And 51st Street Pump Station. (Page 620)
(Public Works)
End of Regular Agenda