20090128_reg_title
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City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
January 28, 2009
Mayor Matti Herrera Bower
Vice-Mayor Jonah Wolfson
Commissioner Victor M. Diaz, Jr.
Commissioner Saul Gross
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
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 An Ordinance Amending Miami Beach City Code Chapter 2, Article III, Section 2-22(5)(a) Thereof
Regarding General Requirements For Membership On City Of Miami Beach’s Agencies, Boards And
Committees, By Providing That When A Vacancy On The City Commission Exists Beyond December
31 Of The Year An Appointing Commission Member Leaves Office, Direct Appointees Of Said Former
Commission Member Shall Hold Over Until The Appointment/Election Of The Successor City
Commission Member; Providing For Repealer, Severability, Codification And An Effective Date.
10:15 a.m. Second Reading Public Hearing (Page 363)
(Requested by Commissioner Saul Gross/City Attorney’s Office)
(First Reading on December 10, 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, January 28, 2009
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R5 - Ordinances (Continued)
R5B Residency Requirements For Planning Board & Historic Preservation Board Members
An Ordinance Amending The Land Development Regulations Of The City Code Of The City Of Miami
Beach, Florida By Amending Chapter 118, “Administration And Review Procedures,” Article II,
“Boards,” Division 2, “Planning Board,” By Amending Section 118-53, “Composition,” By Clarifying
That Only A Resident Of The City Shall Be Eligible For Appointment; Amending Division 4, “Historic
Preservation Board,” Section 118-103, “Membership,” By Establishing That Each Of The Two At-
Large Members Shall Reside In One Of The City's Historic Districts; Providing For Repealer,
Severability, Codification And An Effective Date. 10:20 a.m. Second Reading Public Hearing
(Page 367)
(Planning Department)
(First Reading on December 10, 2008)
R5C Lot Split Review Criteria
An Ordinance Amending City Code Chapter 118, “Administration And Review Procedures,” Article VII,
“Division Of Land/Lot Split,” Section 118-321, “Purpose, Standards And Procedure,” By Clarifying
That The Review Criteria For Requests For A Division Of Land/Lot Split To Require An Applicant To
Submit Massing And Scale Studies Of Possible Structures And Uses On The Lot Or Lots Proposed
To Result From Lot Splits; And The Required Opinion Of Title Should Be As Of A Date Not More Than
120 Days Before The Planning Board Meeting; Providing For Repealer, Severability, Codification And
An Effective Date. 10:25 a.m. Second Reading Public Hearing (Page 378)
(Planning Department)
(First Reading on December 10, 2008)
R5D An Ordinance Implementing A Deferred Retirement Option Plan For Members Of The Miami Beach
Employees’ Retirement Plan Created By Ordinance 2006-3504, As Subsequently Amended; Creating
A New Section 2.26, Providing A Definition Of Deferred Retirement Option Plan; Creating A New
Section 5.13, Establishing The Deferred Retirement Option Plan And Setting Forth The Features Of
The Plan; Providing For Severability; Repealing All Ordinances In Conflict Therewith; And Providing
An Effective Date. 10:35 a.m. Second Reading Public Hearing (Page 387)
(Human Resources)
(First Reading on December 10, 2008)
R5E Historic Designation
An Ordinance Amending The Land Development Regulations Of The City Code By Amending
Chapter 118, “Administration And Review Procedures,” Division 4, “Designation,” Section 118-593, By
Expanding The Boundaries Of The Flamingo Park Historic District To Add The Flamingo Park Historic
District Westward Expansion South Of Eighth Street, As More Particularly Described Herein;
Providing That The City’s Zoning Map Shall Be Amended To Include The Flamingo Park Historic
District Westward Expansion South Of Eighth Street; Adopting The Designation Report Attached
Hereto As Appendix “A”; Providing For Inclusion In The Land Development Regulations Of The City
Code, Repealer, Severability, And An Effective Date. 5:01 p.m. First and Only Public Hearing
(Page 424)
(Planning Department)
Regular Agenda, January 28, 2009
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R5 - Ordinances (Continued)
R5F Seasonal/Short Term Rental Of Single-Family Homes
An Ordinance Amending Chapter 142 Of The City Code, “Zoning Districts And Regulations,” By
Amending Division 2, “RS-1, RS-2, RS-3 AND RS-4 Single-Family Residential Districts,” By Adding
New Section 142-110 To Be Entitled “Seasonal Rentals Of Single Family Homes;” Providing For
Repealer, Nonseverability, Codification, And An Effective Date. First Reading
Or, Alternatively,
Codifying The Planning Director’s Interpretation Of City Code
An Ordinance Amending The Miami Beach City Code, Part B Land Development Regulations,
Chapter 142, “Zoning Districts And Regulations,” By Amending Division 2, “RS-1, RS-2, RS-3 And
RS-4 Single-Family Residential Districts,” By Amending Section 142-905, “Permitted Accessory Uses
In Single-Family Districts,” By Adding New Subsection (B)(5) Limiting Leases Of Single Family Homes
To A Minimum Of Six Months And One Day, To Codify The Planning Director’s Interpretation Of The
City Code; Providing For Repealer, Severability, Codification And An Effective Date. First Reading
(Page 445)
(Planning Department)
R5G An Ordinance Amending Chapter 106 Of The City Code Entitled “Traffic And Vehicles”; By Amending
Article I, Entitled “In General” By Amending Section 106-1, Entitled “Definitions,” By Amending
Definitions Relative To Nonmotorized Vehicles For Hire; By Amending Section 106-3, Entitled
“Vehicles Prohibited On Portion Of Lincoln Road; Exceptions,” By Prohibiting Nonmotorized Vehicles
For Hire On Portions Of Lincoln Road And On Ocean Drive; By Amending Article X, Entitled
“Pedicabs” By Substituting The Term “Nonmotorized Vehicle For Hire” For The Term “Pedicab” And
Providing Definitions, Business Tax Receipt Requirements, Regulations For The Operation Of All
Nonmotorized Vehicles For Hire In The City, And To Provide Enforcement Provisions, Fines, And
Penalties Relative Thereto; Providing For Repealer; Severability; Codification; And An Effective Date.
First Reading (Page 530)
(City Manager’s Office)
R5H Convention Hotel Parking Requirements
An Ordinance Amending The Land Development Regulations Of The City Code By Amending
Chapter 130 “Off-Street Parking,” Article II “Districts; Requirements,” Amending 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 And 4,” By Authorizing A Twenty Per Cent (20%)
Reduction In Required Parking For Hotels With Over 500 Rooms And Significant Conference
Facilities, Subject To Satisfying Certain Criteria And Limitations; Providing For Repealer; Codification;
Severability And An Effective Date. First Reading (Page 551)
(Planning Department)
R5I An Ordinance Amending Section 2-22, Entitled “General Requirements,” Of Division I, Entitled
“Generally,” Of Article III, Entitled “Agencies, Boards And Committees,” Of Chapter 2 Entitled
“Administration,” Of The Miami Beach City Code To Require An Annual Reporting To The City
Commission With Regard To City Agency, Board, And Committee Appointments And City Workforce
Diversity Statistics; Providing For Repealer; Severability; Codification; And An Effective Date.
First Reading (Page 562)
(Requested by Commissioner Victor M. Diaz, Jr./City Attorney’s Office)
Regular Agenda, January 28, 2009
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R7 - Resolutions
R7A A Resolution Approving, On Second Reading (And Final Approval), A Lease Agreement Between The
City And Colony Theater Cafe, Inc. (D/B/A Segafredo’s), As The Recommended Proposer Pursuant
To Request For Proposals (RFP) No. 19-07/08, For Use Of The Facility Known As The Colony
Theater Cafe, Located At 1040 Lincoln Road, Said Lease Having An Initial Term Of Three (3) Years,
Commencing Retroactively On November 1, 2008, And Ending On October 31, 2011, With Two (2)
Additional Three (3) Year Renewal Terms. 10:30 a.m. Second Reading Public Hearing
(Page 568)
(Real Estate, Housing & Community Development)
(First Reading on December 10, 2008)
R7B A Resolution Approving, On First Reading, A Lease Agreement Between The City And Moon Thai,
Inc., For The Lease Of Approximately 2080 Square Feet Of City-Owned Property, Located At 22
Washington Avenue, Miami Beach, Florida, For The Purpose Of An Outdoor Café Associated With A
Restaurant Operation Located At 816 Commerce Street, Which Is Directly Adjacent To And West Of
The Subject City Property; Said Lease Having An Initial Term Of Five Years, With An Option To
Renew For Four Years And 364 Days, At The City’s Sole Discretion; Waiving, By 5/7ths Vote, The
Competitive Bidding And Appraisal Requirements, As Required By Section 82-39 Of The Miami
Beach City Code; Further Setting A Public Hearing On February 25, 2009, For The Second Reading
(And Final Approval) Of The Lease Agreement. First Reading (Page 603)
(Real Estate, Housing & Community Development)
R7C A Resolution Accepting A Settlement Agreement In Frank Otero And Jeffery Gibbs Vs. City Of Miami
Beach, La Gorce Country Club, And DM Fence Corp., 11th Judicial Circuit Court, Case No: 05-17754
CA 30 And Authorizing The Mayor And City Clerk To Execute Said Settlement Agreement; And
Authorizing The Appropriation Of $18,000 From City Of Miami Beach Fund Account No. 161 (Mid-
Beach Quality Of Life Fund) Towards Fence Relocation Costs. (Page 636)
(City Attorney’s Office)
R7D A Resolution Ratifying A Memorandum Of Understanding Between The City Of Miami Beach And The
American Federation Of State, County And Municipal Employees, Local 1554 (AFSCME) To Add A
Deferred Retirement Option Plan (DROP) To The Miami Beach Employees’ Retirement Plan
(MBERP). (Page 656)
(Human Resources)
R7E A Resolution Ratifying A Memorandum Of Understanding Between The City Of Miami Beach And The
Communications Workers Of America, Local 3178 (CWA) To Add A Deferred Retirement Option Plan
(DROP) To The Miami Beach Employees’ Retirement Plan (MBERP). (Page 665)
(Human Resources)
R7F A Resolution Ratifying A Memorandum Of Understanding Between The City Of Miami Beach And The
Government Supervisors Of America, Local 100 (GSA) To Add A Deferred Retirement Option Plan
(DROP) To The Miami Beach Employees’ Retirement Plan (MBERP). (Page 676)
(Human Resources)
Regular Agenda, January 28, 2009
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R7 - Resolutions (Continued)
R7G A Resolution Authorizing And Approving (Following The Expiration Of The Initial Term On February
28, 2009) Month To Month Extensions Of The Towing Permits With Beach Towing Services, Inc. And
Tremont Towing Services, Inc., Respectively, Subject To And Contingent Upon Beach Towing And
Tremont Towing’s Compliance With The Additional Conditions Set Forth In This Resolution; Said
Extensions Commencing On March 1, 2009, And Expiring No Later Than August 31, 2009; And
Further Approving Amendment No. 14 To The Administrative Rules And Regulations For The Police
Department And Parking Department Towing Permits. (Page 687)
(Parking Department)
R7H A Resolution Approving A Preferred North Beach Local Route Alignment; And Requesting Its
Implementation By Miami-Dade Transit (MDT) As Part Of The April 2009 Bus Route Selection
Process; And Further Requesting MDT To Maintain Bus Routes Currently Served By The K And R
Routes For The Active Regional Ridership Of The North Beach Residents. (Page 736)
(Public Works)
R7I A Resolution Authorizing The Mayor And The City Clerk To Execute A State Housing Initiatives
Partnership (SHIP) Program Agreement, In A Form Acceptable To The City Manager And City
Attorney, Between The City And Miami Beach Community Development Corporation, Which Provides
Ship Program Funds, In The Amount Of $1,009,633 From Fiscal Years 2007/08 And 2008/09,
Providing For First-Time Homebuyer Activities, Including Home Ownership Counseling, Down-
Payment Assistance, Closing Cost Assistance, Related Rehabilitation, And Rental Housing
Development For Income- Eligible Households, In Accordance With The Ship Program Rule And The
City’s Local Housing Assistance Plan. (Page 743)
(Real Estate, Housing & Community Development)
R7J A Resolution Having Considered And Accepted The Recommendation Of The City Manager,
Pursuant To Request For Qualifications (RFQ) No. 49-07/08, For A Solid Waste Franchise Contractor
To Provide Commercial Waste Collection And Disposal Services, And Section 90-229 Of The City
Code, And Granting/Issuing The Fifth Franchise License For Residential And Commercial Waste
Collection And Disposal Services, To General Hauling Service, Inc.; Further Making The Award Of
The Fifth Franchise Subject To And Contingent Upon The Franchisee Entering Into A Service
Agreement With The City (Along With The Other Four Current Franchisees) For The Provision Of
Additional Public Waste Collection And Disposal And Recycling Services; And Further Authorizing
The City Manager To Execute The Service Agreement. (Page 750)
(Public Works)
R7K A Resolution Accepting The Recommendation Of The City Manager Pursuant To Request For
Qualifications (RFQ) No. 05-08/09, For Re-Design, Bid And Award, And Construction Management
Services, In The Not To Exceed Amount Of $90,000 For The Re-Design Component, For The Sunset
Islands I & II Neighborhood Right-Of-Way Improvement Project, To Include Additional Stormwater
Infrastructure; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Firm
Of Chen And Associates, And Should The Administration Not Be Able To Negotiate An Agreement
With The Top-Ranked Firm, Authorizing The Administration To Negotiate With The Second-Ranked
Firm Of Schwebke-Shiskin & Associates, Inc., And Should The Administration Not Be Able To
Negotiate An Agreement With The Second-Ranked Firm, Authorizing The Administration To Negotiate
Regular Agenda, January 28, 2009
vi
Negotiate With The Third-Ranked Firm Of Robayna And Associates, Inc. (Page 819)
(Capital Improvement Projects)
R9 - New Business and Commission Requests
R9A Board And Committee Appointments. (Page 858)
(City Clerk’s Office)
R9A1 Board And Committee Appointments - City Commission Appointments. (Page 862)
(City Clerk’s Office)
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (1:30 p.m.) (Page 882)
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.)
R9C Discussion Regarding A Referral To The Land Use And Development Committee Regarding Changes
To The l1 Zoning Classification For Sunset Harbor Neighborhood. (Page 884)
(Requested by Commissioner Victor M. Diaz, Jr.)
R9D The Committee Of The Whole Will Meet During Lunch Break In The City Manager’s Large Conference
Room To Discuss Community Survey Questions. (Page 886)
(Budget & Performance Improvement)
(Supporting Information to be Distributed Under a Separate Cover)
R9E Discussion Regarding A Resolution Urging The Florida Legislature To Equalize Funding Based On
Population To Provide Each Region Of The State Of Florida, Including South Florida, Its Fair Share Of
State Funding. (Page 888)
(Requested by Mayor Matti Herrera Bower)
Regular Agenda, January 28, 2009
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Reports and Informational Items
A City Attorney’s Status Report. (Page 890)
(City Attorney’s Office)
B Parking Status Report - November 2008. (Page 900)
(Parking Department)
C Status Report On The Rehabilitation Of The Existing Building And Construction Of The New Fire
Station No. 2. (Page 920)
(Capital Improvement Projects)
D Status Report On The Normandy Shores Golf Course Club House. (Page 922)
(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 924)
(Procurement)
F Status Report On The Palm & Hibiscus Islands Underground Utilities Project. (Page 926)
(Capital Improvement Projects)
G Non-City Entities Represented By City Commission:
1. Minutes From The Miami-Dade Metropolitan Planning Organization (MPO) Governing Board
Meeting On October 23, 2008. (Page 930)
(Requested by Mayor Matti Herrera Bower)
2. Minutes From The Adrienne Arsht Center For The Performing Arts Of Miami-Dade County
Meeting On November 18, 2008. (Page 946)
(Requested by Mayor Matti Herrera Bower)
3. Minutes From The Miami-Dade Metropolitan Planning Organization (MPO) Meeting On
December 18, 2008. (Page 954)
(Requested by Mayor Matti Herrera Bower)
End of Regular Agenda