20081007reg_title
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
Tuesday, October 7, 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
R2 - Competitive Bid Reports
R2A Request For Approval To Issue A Request For Proposal (RFP) For Parking Enforcement Services For
The City Parking Systems. (Page 231)
(Parking Department)
R2B Request For Approval To Issue A Request For Proposals (RFP) For Red Light Violation Camera
Enforcement System And Related Support Services. (Page 244)
(Public Works)
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 October 7, 2008 City of Miami Beach
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 259)
(Planning Department)
(First Reading on June 25, 2008
(Continued from September 10, 2008)
R5B 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. 10:30 a.m. Second Reading, Public Hearing. (Page 276)
(City Manager’s Office)
R5C An Ordinance Amending Chapter 14 Of The City Code, Entitled “Building Regulations,” By Amending
Article II, Entitled “Construction Standards,” By Amending Division 1, Entitled “Generally,” By
Amending Section 14-403, Entitled “Penalty For Violation Of Article,” To Provide For The
Enforcement Of Non-Functioning ADA Lifts And Single Elevators By Citation; And Amending Section
14-444, Entitled “Schedule Of Violation Fines,” By Adding A Citation And Fine Schedule For The
Enforcement Of Non-Functioning ADA Lifts And Single Elevators In Multi-Story Buildings; Providing
For Codification, Repealer, Severability, And An Effective Date. First Reading
(Page 283)
(Building Department)
R5D An Ordinance Amending Chapter 18 Of The Miami Beach City Code Entitled “Businesses,” By
Amending Article XV Thereof, Entitled “Street Performers And Art Vendors On Lincoln Road And
Ocean Drive,” By Amending Section 18-901 Entitled “Definitions”; By Amending Section 18-902,
Entitled “Intent Of Article,” To Add Collins Avenue, Washington Avenue And The City’s Beachwalks To
The List Of Locations Where The Provisions Of Article XV Apply; By Creating Section 18-903, To Be
Entitled “Artist Vendor Certificate Required,” To Provide Application Requirements, Procedures, Fees,
And Regulations For Artist Vendor Certificates For All Artist Vendors In The City And Amending And
Renumbering Sections 18-903 Through 18-911 Accordingly; By Amending Section 18-904, Entitled
“Permit Application,” To Include Collins Avenue, Washington Avenue, And The City’s Beachwalks As
Locations In The City Where Permits Are Required And Amending Permit Requirements; By
Amending Section 18-905 Entitled “Permit Regulations And Prohibitions” To Amend The Provisions
Relative To Zone Locations And The Regulations Relative To Artist Vendors And Street Performers;
By Amending Section 18-908, Entitled “Disclaimer, Display And Expiration,” To Amend The Provisions
Relative To Artist Vendor Certificates And Permits; By Amending Section 18-909 Entitled
“Enforcement, Suspension/Revocation Of Permit;” By Creating Section 18-912, To Be Entitled “No
Permit Or Certificate; Penalty,” To Provide Penalties For Artist Vendors And Street Performers Without
A Permit Or Certificate; Providing For Repealer, Severability, Codification, And An Effective Date.
First Reading. (Page 296)
(City Manager’s Office)
Regular Agenda October 7, 2008 City of Miami Beach
R5 – Ordinances - Continued
R5E An Ordinance Amending Article VI Of The City Code, Entitled "Naming Of Public Facilities And
Establishment Of Monuments Or Memorials;" Amending Section 82-501(c) Thereof, Entitled
"Generally; " Amending Section 82-502 Thereof, Entitled "Definitions;" And Amending Section 82-503
Thereof, Entitled "Naming Of Public Facilities;" Said Amendments Providing And Establishing Criteria
For The Co-Naming Of Streets In The City Of Miami Beach In Honor Of Miami Beach Police Officers
Who Died Or Were Killed In The Line Of Duty; And Providing For Repealer, Severability, And An
Effective Date. First Reading (Page 325)
(Police Department)
R7 - Resolutions
R7A A Resolution Approving On Second 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. 10:20 a.m. Second Reading Public Hearing (Page 332)
(Community & Economic Development)
(First Reading September 10, 2008)
R7B A Resolution Amending The Administrative Guidelines For The Administration Of Article IV Entitled
“Noise” of Chapter 46 Entitled “Environment,” Of The Miami Beach City Code As Provided For in
Section 46-162 Therein. (Page 343)
(City Manager’s Office)
R7C A Resolution Approving The Renewal Of The Franchise Service Agreements Between The
City And The Four (4) Current Franchise Waste Contractors: 1) Waste Management Of Dade
County North, 2) Republic Services Of Florida, 3) Waste Services, Inc., And 4) Davis
Sanitation, Inc.; Said Renewal(s) Having An Initial Term Of Three (3) Years, Commencing
Retroactively On October 1, 2008, And Ending On September 30, 2011; Provided Further That
The Aforestated Renewal(s) Are Subject To And Contingent Upon The Successful Negotiation
And Execution Of A Separate Agreement Between The City And The Individual Franchisees
For The Provision Of Additional Public Waste Collection And Disposal And Recycling Services;
And Further Authorizing The City Manager To Execute The Service Agreements Upon
Conclusion Of Negotiations With The Individual Franchisees. (Page 356)
(Public Works)
Regular Agenda October 7, 2008 City of Miami Beach
R7 – Resolutions - Continued
R7D A Resolution Approving The Selection Of A Public Art Commission For The 1100 Block Of Lincoln
Road, By The Artist Dan Graham, Entitled “Pavilion” (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 An Agreement With UIA
Management, LLC (UIA) (Which Is Also An Affiliate Of The Developer Under That Certain
Development Agreement With The City, Dated March 14, 2007, For The Design, Development, And
Construction Of Certain Improvements To The 1100 Block Of Lincoln Road) For The Design,
Fabrication, Installation, And Certain Ongoing Maintenance Of Said Public Artwork; And Approving
Funds, In An Amount Not To Exceed $75,000 From Fund – 147 Art In Public Places, (From The 1100
Block Of Lincoln Road Project), Previously Appropriated As Part Of The FY 2007/08 Capital Budget.
(Page 361)
(Tourism and Cultural Department)
R7E A Resolution Relating To The Annual Evaluation Of The City Manager; Receiving The City Manager’s
Report And Adjusting His Employment Contract Accordingly. (Page 394)
(City Manager’s Office)
(Memorandum & Resolution to be Submitted in Supplemental)
R9 - New Business and Commission Requests
R9A Board And Committee Appointments. (Page 395)
(City Clerk’s Office)
R9A1 Board And Committee Appointments - City Commission Appointments. (Page 399)
(City Clerk’s Office)
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (1:30 p.m.) (Page 409)
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.)
R9C Discussion Regarding The September 23, 2008 Planning Board Meeting. (Page 411)
(Requested by Mayor Matti Herrera Bower)
R9D Discussion And Referral Item To The Neighborhoods/Community Affairs Committee Regarding The
Need To Create A Graffiti Ordinance In The City Of Miami Beach. (Page 413)
(Requested by Commissioner Jerry Libbin)
R9E Discussion Regarding Sunset Islands 1 & 2 Flooding, Drainage, Capital Improvements And Nautilus
Neighborhood Flooding Remediation. (Page 427)
(Requested by Commissioner Edward L. Tobin)
(Deferred from September 10, 2008)
Regular Agenda October 7, 2008 City of Miami Beach
R9 - New Business and Commission Requests – Continued
R9F The Committee Of The Whole Will Meet During Lunch Break In The City Manager’s Large Conference
Room To Discuss The City Manager’s Performance Evaluation. (Page 429)
(Requested by Mayor Bower)
R9G Discussion Regarding The Possibility Of Casino Gambling In The City Of Miami Beach, As Highlighted
In A Series Of Recent Miami Herald Articles. (Page 431)
Reports and Informational Items
A City Attorney’s Status Report. (Page 433)
(City Attorney’s Office)
B Parking Status Report. (Page 437)
(Parking Department)
C Status Report On The Rehabilitation Of The Existing Building And Construction Of The New Fire
Station No. 2. (Page 457)
(Capital Improvement Projects)
D Status Report On The Construction Of The Normandy Shores Golf Course And Facilities. (Page
459)
(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 463)
(Procurement)
F Status Report On Undergrounding Of Utilities. (Page 465)
(Requested by Commissioner Jerry Libbin)
G Minutes From The Miami-Dade County League Of Cities Board Meeting On August 7, 2008.
(Page 469)
(Requested by Vice-Mayor Richard L. Steinberg & Commissioner Weithorn)
End of Regular Agenda