Loading...
20101027 Supp OCRMIAMIBEACH City Commission Meeting SUPPLEMENTAL MATERIAL City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive October 27,2010 Mayor Matti Herrera Bower Vice-Mayor Jorge Exposito Commissioner Michael G6ngora 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. 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. SUPPLEMENTAL AGENDA C7 - Resolutions C7D A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A First Amendment To The Interlocal Agreement Between The City And The School Board Of Miami- Dade County, Florida, Providing For The School Board's Construction Of Certain lmprovements On The City's Right Of Way Along Portions Of Prairie Avenue And Dade Boulevard (As Originally Approved Pursuant To City Resolution No. 2007-26478); Said Amendment Providing For The City's Design And Construction Of Certain Remaining lmprovements On The Right Of Way, In Consideration Of The Board's Payment Of $215,074. (City Attorney's Office) (Memorandum, Resolution & Agreement) Supplemental Agenda, October 27, 2010 R5 - Ordinances R5D2 Amend Zoning District Map - 1600 Lenox Avenue An Ordinance 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 For The Parcel Known As "1600 Lenox Avenue," More Particularly Described In The Legal Description Attached As Exhibit "A Hereto, From The Current Zoning Classification RM-1, "Residential Multifamily Low Intensity," To The Proposed Zoning Classification CD-1, "Commercial, Low Intensity," With A Restriction Limiting The Property To Commercial Uses And No More Than 10 Residential Units Per Acre As Provided For In The Voluntary Covenant; Providing For Codification, Repealer, Severability And An Effective Date. (Planning Department) (Declarations of Restrictions - Replacement for Pages 248 - 252) R51 Bed and Breakfast lnns An Ordinance Amending The Code Of The City Of Miami Beach Code, By Amending Chapter 142, Zoning Districts And Regulations, Article V, Specialized Use Regulations, Division 7, Bed And Breakfast Inns, Section 142-1401, Conditions For Bed And Breakfast Inns, By Modifying The Conditions For Bed And Breakfast lnns To Widen The Eligibility For Alterations; Providing For Repealer; Codification; Severability; And An Effective Date. (Planning Department) (Supplemental Memo & Planning Board Version Ordinance) R5L Alcoholic Beverages And Nudity Regulations - Applicant: Leroy Griffith An Ordinance Amending Chapter 6, "Alcoholic Beverages," Of The Code Of The City Of Miami Beach, Florida, By Amending Sections 6-40 And 6-41 "Total Nudity And Sexual Conduct Prohibited," And "Provisions Pertaining To Establishments Permitting Partial Or Total Nudity," To Allow Establishments Licensed As Alcoholic Beverage Establishments To Offer Partial And Total Nude Adult Entertainment; Providing For Codification, Repealer, Nonseverability, And An Effective Date. (Planning Department) (Letter from Daniel R. Aaronson & CD with Supporting Exhibits) COMMISSION ITEM SUMMARY Condensed Title: A Resolution to execute the First Amendment to the lnterlocal Agreement between the City of Miami Beach and the School Board of Miami-Dade County, Florida, providing for the City's design and construction of certain improvements along Prairie Avenue and funding of such improvements by the School Board of Miami- Dade County in the amount of $215,074. Key Intended Outcome Supported: Increased Community Satisfaction with City Government. Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction I survey, 64.9% of respondents rated the value of City services for the tax dollars spent as excellent or good. I Issue: 1 Shall the City Commission approve the Resolution? I Item Summary1Recommendation: 1 On March 14. 2007. the Mayor and Citv Commission approved the City's draft of an lnterlocal Agreement I (ILA) between the city and the School bard of ~iami-~gde County (the~oard). The Agreement for the following: 1. Certain improvements to be designed and contracted by the Board, at its expense, along Dade Boulevard and Prairie Avenue 2. A permanent easement granted by the City to the Board in order for the Board to construct, operate, and maintain a bus drop-off area along Dade Boulevard (the City Easement). 3. A permanent access easement granted by the Board to the City over a portion of the School property, to access Fire Station No. 2 and the Public Works yard from Dade Boulevard, as well as to access that portion of the City's water and sewer system located within the School property. The improvements along Dade Boulevard were completed as part of the High School Project; however, the improvements along Prairie Avenue, were not completed because the City had to build stormwater improvements from 23rd Street to Dade Boulevard including a stormater pump station and there were disagreements as to the amount of contributions from the Board to finish the Board's construction obligations on Prairie Avenue. In a Board meeting on May 12,2010, the Board authorized its Superintendent to finalize negotiations with the City with regard to the proposed Amendment; following meetings between the representatives of the City and the Board, the Board has also opined that the action delegated to the Superintendent also includes the authority to execute and ratify the final version of the ILA on behalf of the Board. The proposed First Amendment to the ILA was negotiated between the City and the Board's staff and drafted by the City Attorney's Office. I THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION. Advisory Board Recommendation: Financial Information: I source of Amount Account I 2 1 OBPl Total I C I Financial Impact Summary: I City Clerk's Office Legislative Tracking: 1 Fred Beckmann, ext 6012 AMIBEACH MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: October 27, 201 0 SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE ClTY OF MlAMl BEACH AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, AS ORIGINALLY APPROVED BY THE ClTY COMMISSION ON MARCH 14, 2007, PURSUANT TO RESOLUTION NO. 2007-26478; SAID AMENDMENT PROVIDING, IN PART, FOR THE CITY'S DESIGN AND CONSTRUCTION OF CERTAIN REMAINING PUBLIC IMPROVEMENTS ALONG PRAIRIE AVENUE (AS ORIGINALLY CONTEMPLATED PURSUANT TO THE MlAMl BEACH SENIOR HIGH SCHOOL EXPANSION PROJECT), SUBJECT TO FUNDING OF SUCH IMPROVEMENTS BY THE SCHOOL BOARD, IN THE AMOUNT OF $21 5,074. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Approximately five years ago, the School Board of Miami-Dade County (the "Board") commenced construction on improvements and expansions to Miami Beach Senior High School (the "School"). At that time, the City learned that the Board had plans to make certain improvements on Prairie Avenue and on Dade Boulevard, both utilizing City property and/or City right-of-ways, without the previous approval of the City. The City asked the Board to cease construction activities until such time as the various issues could be reviewed and agreed upon between the City and the Board. As a result of the City's intervention, the original Board plans for School site improvements were altered to incorporate several items that were intended to mitigate the impact of the School construction on the adjacent neighborhood. Among the items which were incorporated into the site plan by the Board were: An estate fence at the perimeter of the School property on Prairie Avenue Landscape on the School side of the estate fence on Prairie Avenue in order to screen the parking lot and to act as a litter capture buffer Enhanced tree plantings in the swale area adjacent to the estate fence on the City right-of-way on Prairie Avenue The addition of a sidewalk on Prairie Avenue Commission Memorandum - School Board /LA Amendment October 27, 2010 Page 2 of 4 The City and Board also came to agreement upon a new bus lane and bus drop-off area on Dade Boulevard, and a shared access to the eastern side of the School property (adjacent to Fire Station #2). The parties agreed to memorialize their respective responsibilities and obligations in an lnterlocal Agreement. However, an issue which was in dispute at the time of the meetings to address the Board improvements was which party would be responsible for maintenance of landscape; specifically on Prairie Avenue. The Board's position was that, as the City had required the landscape, the City should be responsible. However, at the time, the City stated its intention not to accept responsibility for the maintenance of the landscape improvements on Prairie Avenue. The Board proceeded to approve an lnterlocal Agreement on May 18, 2005, which incorporated all of the enhancements to Prairie Avenue discussed previously, as well as the aforestated easements (for the bus lane and the shared eastern access). The version of the lnterlocal Agreement which was approved by the Board also included language that held the City responsible for maintenance of landscape on Prairie Avenue. As this language was not consented to by the City at the time, the lnterlocal Agreement was not presented for approval to the City Commission. Notwithstanding the above, in order that construction of the School not be delayed, the City consented to the Board proceeding with construction of the proposed improvements, pending further discussion regarding outstanding issues. As construction progressed, the Board undertook several of its building and site improvements, some of which included the removal of a number of trees on Prairie Avenue, in preparation for construction of the planned Prairie Avenue drop off lane, the estate fence, and required landscaping. This particular activity, as well as the overall site construction activity, triggered a new level of concern and interest among adjacent residents who, through the Bayshore Homeowners Association (BHA), expressed their displeasure with planned improvements for the School; both to the Board and to the City. The renewed expression of concern by the BHA occurred in mid 2006 and, since that point in time, the City and various BHA representatives and Board representatives have met to discuss the BHA concerns and possible further mitigation efforts. While the BHA raised a series of concerns and questions about site improvements, the principle points of discussion and concern focused on planned Prairie Avenue improvements and, specifically, a parent drop off lane to be constructed adjacent to Prairie Avenue, and the landscape treatment which would be implemented. The BHA concerns were principally focused upon the visual and operating impact associated with the School and undertaking additional improvements to further mitigate what they believed to be a serious neighborhood impact. To address the concerns of the BHA, the City and Board agreed that, of the improvements to be constructed on Prairie Avenue, the Board would assume cost responsibility for construction except the planned reduction in width and repaving of Prairie Avenue. The road expenses would be borne by the City. Based on the above, the City presented the lnterlocal Agreement to the Mayor and City Commission at its regular meeting on March 14, 2007, and it was approved pursuant to Resolution No. 2007-26478. However, as the version of the Agreement approved by the City was not the version previously approved by the Board in 2005, the City and Board have not executed a final lnterlocal Agreement (which is one of the actions that will occur if the City Commission approves the First Amendment before it today) Commission Memorandum - School Board /LA Amendment October 27, 2010 Page 3 of 4 The Agreement provided for the Board to design and construct the following proposed improvements: 1. Certain improvements to be designed and contracted by the Board, at its expense, along Dade Boulevard and Prairie Avenue (as further defined in nos. 1-7 below). 2. A permanent easement granted by the City to the Board in order for the Board to construct, operate, and maintain a bus drop-off area along Dade Boulevard (the City Easement). 3. A permanent access easement granted by the Board to the City over a portion of the School property, to access Fire Station No. 2 and the Public Works yard from Dade Boulevard, as well as to access that portion of the City's water and sewer system located within the School property (the Board easement). In order to be ready for the start of the school year, the Board proceeded with the construction of the following improvements along Dade Boulevard, which have now been completed: 1. Construction of new bus drop-off area. 2. Relocation of existing trees to public right-of-way. 3. 6' sidewalk parallel to School property and southernmost edge of walk occurring 10' from back of existing Dade Boulevard curb. 4. Pedestrian crossing markings with ADA compliant concrete ramps. 5. irrigation system in public right-of-way with own water meter, electronic controller, etc., (to be conveyed to the City). 6. Construction of new one-way shared entry drive to School service yard and City's public works yard. 7. New landscaping in adjacent public right-of-way. The required improvements along Prairie Avenue have, to date, not been completed by the Board, because the City had to first install stormwater improvements along Prairie Avenue, from ~3'~ Street to Dade Boulevard, including the construction of a new stormwater pump station, which have now been completed. There was also a disagreement as to the amount of funding the Board was to provide for the construction improvement obligations along Prairie Avenue. As the Board is now completing the final phase of the School, there is a need to address and finalize the parties' remaining obligations including, without limitation, the design and construction of the remaining improvements and the conveyance of the respective easements; the execution of a final version of the original lnterlocal Agreement; and, concurrent therewith, the execution of the proposed Amendment to the lnterlocal Agreement. The proposed First Amendment to the lnterlocal Agreement provides the following: 1. In consideration for the Board's payment of $215,000.74 (not to be exceeded), the City will agree to assume the design and construction of certain remaining improvements along Prairie Avenue. 2. Concurrent with the parties' execution of this First Amendment, the City and the Board also agree to execute, and thereby ratify, the terms (as amended) of the version of the lnterlocal Agreement that was approved by the City Commission pursuant to Resolution No. 2007-26478 3. The Amendment will also clarify the parties' ongoing obligations with regard to the exchange of the respective easements. At its meeting on May 12, 2010, the Board authorized its Superintendent to finalize negotiations with the City with regard to the proposed Amendment. Following meetings between the Commission Memorandum - School Board /LA Amendment October 27, 2010 Page 4 of 4 representatives of the City and the Board, the Board has also informed the City that the action delegated to the Superintendent also includes the authority to execute and ratify the final version of the lnterlocal Agreement on behalf of the Board. Upon approval of the First Amendment by the City Commission; execution of same by the parties hereto (as well as execution by the parties of the version of the lnterlocal Agreement that was approved by the City on March 14, 2007, pursuant to Resolution No. 2007-26478); and the City's receipt of payment by the Board, in the amount of $215,074, the City agrees to undertake design and construct the following remaining improvements along Prairie Avenue: I. Construction of new parent drop-off with decorative pavers, including sidewalk at the locations, a paver pedestrian crossing at two locations (at ~3'~ street and north edge of student parking). 2. Irrigation system in public right-of-way with own water meter, electronic controller, etc. 3. Landscaping, consisting of 4' high shrubbery (adjacent to property line in school property) and 12'-14' high shade trees at 20' O.C. (in swale area) from a tree species pallet as approved by the City, and new sod turf on adjacent public right-of-way. 4. Milling & resurfacing of Prairie Avenue to shift center line of road 4' West, which will result in an overall width reduction of Prairie Avenue of 8'. The First Amendment also provides for the conveyance of the following easements between the City and the Board: 1. Easement(s) from Board to City for permanent access to City Public Works property through school property, and for access to City's water and sewer system (located within school's property); and 2. Easement(s) from City to Board for bus drop-off along Dade Boulevard, and for parent drop-off area along Prairie Avenue. In full disclosure, it should be noted that neither the original lnterlocal Agreement (the City's approved version from 2007), or the proposed First Amendment, addresses the issue of the Board's still-unfulfilled monetary contribution for its share of remediation required pursuant to the drainage issues that arose on Prairie Avenue, as a result of construction of the School. In order to get the original lnterlocal Agreement and this First Amendment executed, and address the remaining issues and obligations of the parties thereunder, the City and Board have separated the Prairie Avenue drainage issue from the discussion. However, the Board's contribution with regard to the City's remediation of the Prairie Avenue drainage issues (caused by the School construction) is still an important issue, and remains outstanding. CONCLUSION The Administration recommends that the Mayor and City Commission approve and authorize the Mayor and City Clerk to execute the First Amendment to the lnterlocal Agreement between the City of Miami Beach and the School Board of Miami-Dade County, Florida, providing for the City's design and construction of certain remaining public improvements along Prairie Avenue, subject to funding of such improvements by the School Board of Miami-Dade County, in the amount of $21 5,074. T:\AGENDA\201 O\October 27\Consent\School Board ILA Amendment MEMO.doc Exhibit "A Resolution and City Interlocal Agreement RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE ClTY OF MlAMl BEACH AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, AS ORIGINALLY APPROVED BY THE CITY COMMISSION ON MARCH 14,2007, PURSUANT TO RESOLUTION NO. 2007-26478; SAID AMENDMENT PROVIDING, IN PART, FOR THE CITY'S DESIGN AND CONSTRUCTION OF CERTAIN REMAINING PUBLIC IMPROVEMENTS ALONG PRAIRIE AVENUE (AS ORIGINALLY CONTEMPLATED PURSUANT TO THE MlAMl BEACH SENIOR HIGH SCHOOL EXPANSION PROJECT), SUBJECT TO FUNDING OF SUCH IMPROVEMENTS BY THE SCHOOL BOARD, IN THE AMOUNT OF $21 5,074. WHEREAS, on March 14, 2007, pursuant to Resolution No. 2007-21478, the Mayor and City Commission approved an lnterlocal Agreement (ILA) between the City and the School Board of Miami-Dade County (the Board) which, in part (and concurrent with the Board's expansion and renovation of Miami Beach Senior High School [the School]), required the Board to design and construct certain improvements within the public right of ways adjacent to the School, along portions of Prairie Avenue and Dade Boulevard; and WHEREAS, in addition to the aforestated improvements, the Agreement also provided for conveyance of the following easements: 1. a permanent easement granted by the City to the Board in order for the Board to construct, operate, and maintain a bus drop-off area along Dade Boulevard; and 2. a permanent access easement granted by the Board to the City over a portion of the School property, to access Fire Station No. 2 and the Public Works yard from Dade Boulevard, as well as to access that portion of the City's water and sewer system located within the School property; and WHEREAS, at a prior Board meeting on May 18, 2005, pursuant to Board Agenda Item F-5, the Board approved a different version of the lnterlocal Agreement (containing different language pertaining to the type and description of some of the improvements that the Board was responsible for designing and constructing, which was not included in the version of the Agreement approved by the City Commission on March 14, 2007); and WHEREAS, the City and Board have never executed a final version of the lnterlocal Agreement; notwithstanding this, the City permitted the Board to proceed with construction of the contemplated improvements; and WHEREAS, to date, the Board has designed and constructed the following improvements along Dade Boulevard, which have now been completed: 1. construction of new bus drop-off area; 2. relocation of existing trees to public right-of-way; 3. 6' sidewalk parallel to School property and southernmost edge of walk occurring 10' from back of existing Dade Boulevard curb; 4. pedestrian crossing markings with ADA compliant concrete ramps; 5. irrigation system in public right-of-way with own water meter, electronic controller, etc., (to be conveyed to the City); 6. construction of new one-way shared entry drive to School service yard and City's public works yard; 7. new landscaping in adjacent public right-of-way; and WHEREAS, the remaining contemplated public improvements along Prairie Avenue have not been completed by the Board, because the City had to first install stormwater improvements, from 23rd Street to Dade Boulevard, including the construction of a new stormwater pump station; and WHEREAS, the Board is now completing the final phase of the School project, and there is a need to address and finalize the parties' remaining obligations under the lnterlocal Agreement, including, without limitation, the design and construction of the remaining improvements along Prairie Avenue; the conveyance of the respective easements; the execution of a final version of the original lnterlocal Agreement; and, concurrent therewith, the execution of an amendment to said lnterlocal Agreement; and WHEREAS, the City and the Board have negotiated and hereby recommend execution of the attached First Amendment to the lnterlocal Agreement; and WHEREAS, upon approval of this First Amendment by the City Commission, and execution of same by the parties hereto, the Board and City have also agreed to execute the version of the original lnterlocal Agreement that was approved by the City on March 14, 2007, pursuant to Resolution No. 2007-26478; and WHEREAS, pursuant to the terms of the First Amendment, and in consideration of payment by the Board, in the amount of $215,074, the City agrees to design and construct the following remaining improvements along Prairie Avenue: a. construction of new parent drop-off with decorative pavers, including sidewalk at the locations, a paver pedestrian crossing at two locations (at 23rd street and north edge of student parking); b. irrigation system in public right-of-way with own water meter, electronic controller, etc.; and c. landscaping, consisting of 4' high shrubbery (adjacent to property line in school property), and 12'-14' high shade trees at 20' O.C. (in swale area) from a tree species pallet as approved by the City, and new sod turf on adjacent public right- of-way; and d. milling & resurfacing of Prairie Avenue to shift center line of road 4' West, which will result in an overall width reduction of Prairie Avenue of 8'; and WHEREAS, the First Amendment also provides for the exchange of the following easements: a. easement@) from Board to City for permanent access to City's public works property through school property, and for access to City's water and sewer system (located within School's property); and b. easement(s) from City to Board for bus drop-off along Dade Boulevard, and for the parent drop-off area along Prairie Avenue NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute the First Amendment to the Interlocal Agreement between the City of Miami Beach and the School Board of Miami-Dade County, Florida (as originally approved by the City Commission on March 14, 2007 pursuant to Resolution No. 2007-26478); said Amendment providing, in part, for the City's design and construction of certain remaining public improvements along Prairie Avenue (as originally contemplated pursuant to the Miami Beach Senior High School Expansion Project), subject to funding of such improvements by the School Board, in the amount of $215,074. PASSED AND ADOPTED THIS DAY OF 201 0. ATTEST: ClTY CLERK MAYOR T:\AGENDA\;LOIO\October 27\Consent\School Board ILA Amendment RESO.doc APPROVED AS TO FORM & LANGUAGE A & FOH EXECUTION Date FIRST AMENDMENT TO INTERLOCAL AGREEMENT THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT (the First Amendment or the Amendment) is made and entered into this day of , 2010, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida (the City), and THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, a body corporate and politic existing under the laws of the State of Florida, (the Board). WITNESSETH WHEREAS, the Board is the owner of certain land and facilities located in the City of Miami Beach, Florida, and known as Miami Beach Senior High School (the School); and WHEREAS, since approximately 2005, the Board has been in the process of constructing a replacement School on the existing School land (the Project) and is now completing the final phase of the Project; and WHEREAS, as part of the Project, the City and Board agreed that the Board would design and construct certain improvements within certain portions of the public right-of-ways along Prairie Avenue and Dade Boulevard (the Improvements); and WHEREAS, in conjunction with the Board's agreement to design and construct the Improvements, the City and Board also agreed to exchange the following easements: 1. a permanent easement granted by the City to the Board in order for the Board to construct, operate, and maintain a bus drop-off area along Dade Boulevard (the City Easement); and 2. a permanent access easement granted by the Board to the City over a portion of the School property, to access Fire Station No. 2 and the Public Works yard from Dade Boulevard, as well as to access that portion of the City's water and sewer system located within the School property; and WHEREAS, the City and Board's respective rights and obligations as to the design and construction of the Improvements and the conveyance of the aforestated easements were memorialized in an lnterlocal Agreement; and WHEREAS, accordingly, the City's draft of the lnterlocal Agreement was presented to the Mayor and City Commission at its regular meeting on March 14, 2007, and approved pursuant to Resolution No. 2007-26478; a true and correct copy of the lnterlocal Agreement approved by the City Commission is attached and incorporated as Exhibit "A" hereto; and WHEREAS, notwithstanding the preceding, at its meeting on May 18, 2005, pursuant to Board Agenda ltem F-5 the Board approved a different version of the lnterlocal Agreement (containing different language pertaining to the type and description of some of the lmprovements that the Board was responsible for designing and constructing, which was not included in the version of the Agreement approved by the City Commission on March 14,2007); and WHEREAS, the Board proceeded with the construction of the Project without objection from the City notwithstanding the fact that a final and fully executed version of the lnterlocal Agreement had not been signed by the parties; and WHEREAS, as the Board is now completing the final phase of the Project, there is a need to address and finalize the parties' remaining obligations under the lnterlocal Agreement (including, without limitation, the design and construction of the remaining lmprovements and the conveyance of the respective easements); execute a final version of the lnterlocal Agreement; and, concurrent therewith, execute certain amendments to said lnterlocal with regard to the remaining Improvements; and WHEREAS, accordingly, the City and the Board have negotiated and hereby recommend execution of this First Amendment to the lnterlocal Agreement, which provides the following: 1. in consideration for the Board's payment of $215,000.74 (not to be exceeded), the City will agree to assume the design and construction of certain remaining Improvements, as set forth and defined herein; 2. concurrent with the parties' execution of this First Amendment, the City and the Board have also agreed to execute, and thereby ratify, the terms (as amended herein) of the version of the lnterlocal Agreement that was approved by the City Commission pursuant to Resolution No. 2007-26478 (attached as Exhibit "A hereto); and 3. the Amendment will also clarify the parties' ongoing obligations with regard to the exchange of the respective easements; and WHEREAS, at its meeting of May 12, 2010, pursuant to Agenda ltem F-4, Board Action No. , the Board authorized its Superintendent to finalize negotiations with the City with regard to the terms and conditions of the proposed Amendment; and that at its meeting of May 18, 2005, pursuant to Agenda Item F-5, Board Action No. , the Board authorized the Superintendent to execute and ratify an lnterlocal Agreement on behalf of the Board to provide the necessary improvements along Dade Boulevard and Prairie Avenue, as set forth therein. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I. The parties agree that the above recitals are true and correct and are incorporated herein by reference. 2. Upon approval of this First Amendment by the Mayor and City Commission, and concurrent with the City and Board's execution thereof, the City and Board shall also, as a condition of this First Amendment, execute the lnterlocal Agreement approved by the City Commission on March 14, 2007, pursuant to Resolution No. 2007-26478 (attached as Exhibit "A hereto), which Agreement, as amended herein, shall be the agreement which governs and binds the parties as to their respective remaining obligations to each other regarding the Project; including the design and construction of the remaining lmprovements and the grant and conveyance of the City Easement and the Board Easement. Upon execution by the City and Board, a fully executed copy of the lnterlocal Agreement shall replace and supercede the copy attached and incorporated as Exhibit "A hereto. 3. Article II of the lnterlocal Agreement, entitled "Term," shall be amended to provide that, pursuant to acknowledgment and agreement of the parties herein, the Commencement Date of the Agreement shall be as of the date that the Agreement was approved by the City Commission, or March 14,2007. 4. Article Ill of the lnterlocal Agreement, entitled "lmprovements," is amended as follows: ARTICLE Ill IMPROVEMENTS The Project which is being executed by the Board, requires that certain improvements within the public rights-of-way along portions of Prairie Avenue and Dade Boulevard be made. The following improvements, vdW+a+e whave been designed and constructed by the Board, . . * ' - and as defined in the drawings referenced in 4ExhbkL - " "Exhibit "6-1 ", attached hereto and incorporated herein lsaid improvements may also be referred to herein as the Board Imvrovements):~ +n Improvements along Prairie Avenue: . . the fence and the parking lot -d in- !2 ? and €342, (except in front of the Fine Arts Building)- Improvements along Dade Boulevard: 1 A2. Construction of new bus drop-off area, where the City will grant the City Easement to accommodate the bus drop-off area; &3. Relocation of existing trees to public right-of-way; 1 84. 6' sidewalk parallel to School property and southernmost edge of walk occurring 10' from back of existing Dade Boulevard curb; 4&5. Pedestrian crossing markings with ADA compliant concrete ramps; I 446. Irrigation system in public right-of-way with own water meter, electronic controller, etc., to be conveyed to the City; 1 42-7. Construction of new one-way shared entry drive to School service yard and City's public works yard. Board will grant a permanent access easement to City, via the Board Easement, for access purposes. The City shall have the opportunity to seek and obtain permission to convert the one-way shared entry drive into a two-way drive by obtaining approval from relevant authorities (i.e.: Miami-Dade County Public Works - Traffic Division). The Board further agrees to fully cooperate with the City in facilitating and obtaining such permission from all relevant authorities; and 8. New landscaping in adjacent public right-of-way-cr psmitkxi - Upon approval of this First Amendment by the City Commission; execution of same by the parties hereto (as well as execution by the parties of the version of the Interlocal Agreement that was approved by the City on March 14, 2007, pursuant to Resolution No. 2007-26478); and the City's receipt of payment by the Board, in the amount of $215,074, the City agrees to design and construct the following improvements (also referenced to in this Amendment as the "City Work," as same are more specifically defined in the drawings referenced in Exhibit "B-2" attached hereto and incorporated herein, and which drawings have been mutually agreed upon and approved by the City and Board): Improvements along Prairie Avenue: 1. Construction of new parent drop-off with decorative pavers, includinq sidewalk at the locations illustrated in the drawings referenced in Exhibit "B-2", a paver pedestrian crossing at two locations (at 23rd street and north edge of student parking); 2. Irrigation svstem in public right-of-wav with own water meter, electronic controller, etc.; 3. Landscaping, consisting of 4' high shrubberv (adiacent to propertv line in school propertv) and 12'-14' high shade trees at 20' O.C. (in swale area) from a tree species pallet as approved bv the Citv, and new sod turf on adiacent public right-of-wav; and 4. mill in^ & resurfacing of Prairie Avenue to shift center line of road 4' West, at the Citv's sole expense, which will result in an overall width reduction of Prairie Avenue of 8'. 5. Exhibit "B" (entitled "Scope of Services") of the lnterlocal Agreement is deleted in its entirety, and is replaced with Exhibit "B-I" (referencing the approved scope of work and drawings for the lmprovements which been designed and constructed by the Board), and Exhibit "8-2" (referencing the approved scope of work and drawings for the remaining lmprovements to be constructed by the City (i.e. the City Work), upon receipt of payment by the Board, in the amount set forth herein). 6. The City agrees that it shall indemnify, hold harmless, and defend the Board, from and against any and all claims, suits, actions, damages, or cuases of action arising from or in connection with the City Work, to the extent of the limitations included within Section 768.28, Florida Statutes; provided, however, that nothing in this Agreement is intended to, nor shall, operate as a waiver of the sovereign immunity on behalf of the City. 7. Article IV of the lnterlocal Agreement has been intentionally omitted. 8. Article V (a) of the lnterlocal Agreement is amended to add the following subsection (3): 3. As pre-condition to the granting of the Board easements to the Citv, the Citv shall provide the Board the location of all Citv utilities within the Board propertv including, without limitation, the ones located in the School's plav field and the ones along Dade Boulevard. 9. Article V (b) of the lnterlocal Agreement is amended to add the following subsection (2): 2. In addition to the easement from the Citv to the Board along Dade Boulevard, the Citv shall also grant the Board an easement along Prairie Avenue for the entire area identified as the parent drop off. 10. Each party hereby acknowledges approval of the respective Easement forms attached to this Agreement as Exhibit "C" and incorporated herein by reference. 11. The second paragraph of Article VI of the lnterlocal Agreement deleted in its entirety and replaced with the following new paragraph: The Citv further agrees to maintain the irrigation svstem(s) within the rights-of-wav alona Prairie Avenue, and, upon a acceptance of same and convevance bv the Board, the irrigation svstem along Dade Boulevard. 12. Except as amended herein, all other terms and conditions of the lnterlocal Agreement shall remain unchanged and in full force and effect. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] IN WITNESS WHEREOF, the City and Board have caused this Agreement to be executed by their respective and duly authorized officers the day and year first hereinabove written. CITY: BOARD: CITY OF MIAMI BEACH, FLORIDA THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA By: By: Matti Herrera Bower, Mayor Alberto M. Carvalho Superintendent of Schools T TTEST: by: Robert Parcher, City Clerk City Attorney By: c TO THE BOARD: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: School Board Attorney APPROVED AS TO FORM & LANGUAGE & FnW EXECUTION Exhibit "B-I " Board Improvements filed with the City of Miami Beach Exhibit "B-2" City Work This instrument was prepared by: Name: Matthew Amster, Esq. Address: Bercow &dell & Fernandez, PA 200 South Biscayne Boulevard Suite 850 Miami, Florida 33131 CFM 2010R072394-2 OR Bk 27466 Pss 211q - 212iF Ib~ssl RECORDED 1Q/ZS/2010 13:11:04 HARVEY RUVIHI CLERK OF COURT MIAMI-RARE COUHTYi ' FLORIDA (Space reserved for Clerk) DECLARATION OF RESTRICTIONS WNEREAS, 1600 Lenox Investors, LLC ("Owner"), holds the fee simple title to the land described in Exhibit "A," attached hereto and with address of 1600 Lenox Avenue, Miami Beach, Florida, which is supported by the attorney's opinion, and WHEREAS, the land located at 1600 Lenox Avenue is hereinafter referred to as the ccPr~~erQ," and KHEREAS, the Property is located in the first commercial subdivision in the City of Miami Beach ("City"), was originally zoned for commercial uses, and is presently designated as RM-1, "Multi-Family Residential, Low Intensity," on the Futuree Land Use Map of the Comprehensive Plan of the City, and zoned RM-1, ccResidential Multifamily Low Intensity," on the Official Zoning District Map and WHEREAS, the Property contains a one-story commercial building built in 1937 that has continuously contained commercial uses to this day, and WUEREAS, the commercial building is a contributing structure in the database of historic , structures in the City, and WHEREAS, Owner applied for and obtained historic designation of the Property fiom the City to preserve the historic structure, and WHEWS, Owner is nearing completion of a restoration of the commercial building in accordance with the origind construction plans, and THEREAS, Owner seeks to redesignate the Property fiom Wl to CD-1, c'Commercial, Low Intensity," on the City's Future Land Use Map and rezone the Property &om RM-1 to CD-1, "Commercial, Low Intensity," on the City's Official Zoning District Map, amp' Section-Township-Range: 34-53-42 Folio number: 02-3234-018-0190 Agenda Item R5D 2 I Date 10-27- I0 Declaration of Restrictions Page 2 (Space reserved for Clerk) RV ORDER TO ASSURE the City that the representations made by the Owner concerning the rezoning of the Property will be abided by, the Owner fieely, voluntarily and without duress makes the following Declaration of Restrictions covering and running with the Property and shall be applicable to and regulate uses and structures on the Property. Whenever the word "Owner" is used herein such provision shall refer to all persons and entities with rights of use or any interest in the Property and their heirs, successors in interest and/or assigns. No person or entity shall use or engage in activity on the Property contrary to the terns of this Declaration. (1) The foregoing whereas clauses are true and correct and incorporated herein by reference. (2) Owner shall limit residential uses to no more than 10 units per acre on the Property. (3) Owner shall not apply for a dance hall license or operate a dance hall on the Property. (4) Owner shall not apply for an entertainment license or operate an entertainment establishment on the Property. (5) Owner shall not apply for a neighborhood impact establishment or operate a neighborhood impact establishment on the Property. (6) Owner shall not install or utilize temporary or permanent outdoor speakers on the Property. (7) Owner shall not have or permit any live or amplified music outdoors on the Property. (8) In the event a restaurant occupies the easternmost portion of the building, Owner shall make the doorway facing Lenox Avenue an emergency exit only. (9) For any restaurant use;Owner shall ensure that the service door(s) on the north elevation remain closed at all times, except when in active use. (10) Owner shall close any sidewalk caf'ii(s) at 12:OO AM and any indoor restaurants at 2:OO AM. Section-Township-Range: 34-53-42 Folio number: 02-3234-018-0190 Declaration of Restrictions Page 3 (Space reserved for Clerk) (1 1) Owner shall prohibit trash collection from any durnpster(s) before 7:00 AM and after 8:OO PM. (12) Owner shall prohibit delivery trucks before 7:00 AM and after 8:00 PM. (13) Owner shall prohibit and not operate the following uses on the Property: package stores, pawnshops, check cashing stores, secondhand stores, warehouses, and any use selling gasoline. (14) In the event a food store or convenience store selling alcoholic beverages occupies any unit in the building, the food store or convenience store shall prohibit the sale of single cans of beer. (15) Covenant Runnin~ with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at Owner's expense, in the public records of Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned Owner, and its heirs, successors and assigns until such time as the same is modified or released as provided for herein, These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and fixture owners of the real property. (16) Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years f?om the date this Declaration is recorded, after which time it shall be extended automatically for successive periods of ten (1 0) years each, unless an instrument signed by the then owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part. (17) Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the then owner(s) of all of the Property, including joinders of all mortgagees, if any, providing that same has been approved by the City of Miami Beach City Commission, or such other board with jurisdiction over the matter, at a public hearing, which public hearing shall be applied for by and at the expense of the owners. Should this instrument be so modified, amended or released, the City Manager, or his successor, or other administrative officer with jurisdiction over the matter, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. Section-Township-Range: 34-53-42 Polio number: 02-3234-018-0190 Declaration of Restrictions Page 4 - -. . (Space reserved for Clerk) (18) Enforcement. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be, at law or in equity, against any party or person violating or attempting to violate any provision of this Declaration or provisions of the building, zoning or land development regulations, either to restrain violations or to recover damages. The prevailing party in the action shall be entitled to recover costs and reasonable attorneys' fees, at all levels of trial and appeal. This enforcement provision shall be in addition to any other remedies available under the law. (19) Severability. Invalidation of any provision of this Declaration by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. (20) Recording. This Declaration shall be filed in the public records of Miami-Dade County, Florida at the cost of the Owner. This Declaration shall become effective immediately upon recordation. (21) Insuection. It is understood and agreed that any official of the City of Miami Beach has the right at any'time during normal business hours of entering and investigating the use of the Property, to determine whether the conditions of this Declaration and the requirements of the City's building, zoning and land development regulations are being complied with. planning Director Date Approve- form and language and for flxecution Pages Follow] F:UlataU,ocs\1600 Lcnox Investors, LLClConditions of Approval\Dcclarniion of Rmfrictions 1-0 rczoning J01410.doc Section-Township-Range: 34-53-42 Folio number: 02-3234-018-0190 Declaration of Restrictions Page 5 (Space reserved for Clerk) ACKHOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of &$hf ,2010. IN FWZNESS WHEREOF, 1600 Lenox Investors. LLC (Corporate name) has caused these presents to be signed in its name by its proper officials. Witnesses: n 0 C - , 1600 Lenox Investors. LLC Name of Corporation Address: the Managinn Member of Oreenstreet Sobe Investments, LLC. the Managing Member of 1600 Lenox Investors. LLC Print Name: The foregoing instrument was acknowledged before me by the "%XS,~L,.,+ o&-+ Lw,:, ',"!r%h,%kkd;f of the corporation. HeFSlte is personally known to me &M+F&w& - ,.fts Witness my signature and official seal this day of 0cb bw ,2010, in the co My commission I, 201 3 LJ Section-TownshipRange: 34-53-42 Folio number: 02-3234-018-0190 Legd Description QR EK 274&& PG 2124 LAST PAGE - -. Exhibit "A" Lot I, in Biwk 46, of CUMMRCfAL, SUBDmION OF TI& ALTON . BEAW.EAI;TY COMPANY, a-ding lo ihe Phi thsraoc as recorded ia Plat Book 6, et f sge 5, of the Public Raordg of ?adc Cobty, FPlgrida now known as MiamiwDade Ca~nty, Pl~rida STATE OF FLORIDA, COUNTY OF WE I HEREBY CERTIFY fhatfhls iawtpwpyofM MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: October 27, 201 0 SUBJECT: Bed & Breakfast lnns - SUPPLEMENTAUADDENDUM - R51 The purpose of this Commission memorandum is to supplement and correct the memorandum presented in the regular agenda. The previous staff report inadvertently omitted the Planning Board recommendation, which was to permit limited assembly uses within Bed & Breakfast lnns as conditional uses, consisting of private functions not open to the public, up until 12:OO midnight. PLANNING BOARD ACTION At the August 24, 2010 meeting the Planning Board reviewed the proposed ordinance, and recommended its approval, including the provision which proposes to permit assembly uses consisting of private functions not open to the public, as a Conditional Use (vote: 6-1, Stolar against). Planning Department staff had recommended that the accessory party use provision be removed, and there was a lengthy discussion over this aspect of the ordinance, how it would be applied and enforced, and its potential negative effects upon the surrounding neighborhood. During the discussion, Mr. Davidson and his attorney Neisen Kasdin had expressed their willingness to go forward to the Commission without the inclusion of the accessory party provision, if that was what the Planning Board was recommending. However, at the end of the discussion, the Planning Board decided contrary to the staff recommendation, and added back in to the ordinance the ability to host private commercial events with Conditional Use approval. A separate, Planning Board version of the ordinance is attached to this supplemental memo, which would permit the hosting of private special events for a variety of corporate and entertainment purposes. The ordinance in the regular agenda is the Administration version, which would not permit such accessory party uses within these facilities. Under the Administration version, such party uses would not be permitted, even as a conditional use, and the use of such facilities would continue to be governed by the existing rules for commercial uses, special events, and film and print permits, if applicable. Notwithstanding the Planning Board's advisory recommendation, the Administration recommends that the City Commission approve the Administration version of the ordinance upon first reading, and set a second reading and public hearing for November 17, 201 0. , T:\AGENDA\201O\October S'nReguIar\Bed & Breakfast Ord MEMO rev 10-25 rev.docx Agenda Item R51 I Date 10-27-10 PLANNING BOARD VERSION (INCLUDING ACCESSORY COMMERCIAL USES) ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMlSlON OF THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH CODE, BY AMENDING CHAPTER 142, ZONING DISTRICTS AND REGULATIONS, ARTICLE V, SPECIALIZED USE REGULATIONS, DIVISION 7, BED AND BREAKFAST INNS, SECTION 142-1401. CONDITIONS FOR BED AND BREAKFAST INNS, BY MODIFYING THE CONDITIONS FOR BED AND BREAKFAST INNS TO WIDEN THE ELIGIBILITY FOR ALTERATIONS, AND PERMITTING LIMITED ASSEMBLY TYPE ACCESSORY USES, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Land Development Regulations allow for Bed and Breakfast lnns in certain zoning districts under certain conditions; and WHEREAS, a broadening of the conditions for Bed and Breakfast lnns may be desired in order to permit other buildings not built as single family homes but currently existing as non-apartment uses within historic districts; and WHEREAS, it would be necessary to amend this portion of the City Code to permit expanded eligibility for these buildings; and WHEREAS, it may also be a desired policy decision to permit limit accessory assembly uses in Bed and Breakfast inns; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA SECTION 1. That Miami Beach City Code, Chapter 142, Zoning Districts and Regulations, Article V, Specialized Use Regulations, Division 7, Bed and Breakfast Inns, Section 142-1401. Conditions for bed and breakfast inns, is hereby amended as follows: Sec. 142-1401. Conditions for bed and breakfast inns. Bed and breakfast inns are permitted with the following conditions: (1) The use shall be situated in a contributing building 11 . 11 ' . . . r(nclnn and located in a locally designated historic preservation district. The use may also be situated in a noncontributing building lktechs "2- if it is restored to its original historic appearance and re-categorized as "contributing~." The owner of the bed and breakfast inn shall permanently reside in the structure. (a)The structure shall have originally been constructed as a single-family residence; or; /b) The existing structure is not classified bv the City as an apartment building as defined in Section 114-1 of the Citv Code. The structure may have original auxiliary structures such as a detached garage or servant's residence, but shall not have noncontributing multifamily or commercial auxiliary structures. The structure shall maintain public rooms (living roomldining room) for use of the guests. The size and number of guestrooms in a bed and breakfast inn shall conform to the following: The structure shall be allowed to maintain (or restore) the original number and size of bedrooms which, with the exception of rooms occupied by the owner, may be rented to guests. Historic auxiliary structures, such as detached garages and servants' residences, may be converted to guestrooms. New bedrooms constructed shall have a minimum size of 200 square feet and shall have a private bathroom. Architecturally compatible additions not exceeding 25 percent of the floor area of the historic building shall be permitted to accommodate emergency stairs, other fire safety requirements, and new bathrooms. Additions shall be consistent with required setbacks and shall not be located on primary or highly visible elevations. If there is evidence of interior alterations and original building plans are not available, the guestrooms shall be restored to the probable size and configuration as proposed by a preservation architect and subject to approval by the historic preservationldesign review board. There shall be no cooking facilitieslequipment in guestrooms. One small refrigerator with maximum capacity of five cubic feet shall be permitted in each guestroom. All cooking equipment which may exist shall be removed from the structure with the exception of the single main kitchen of the house. (7) The bed and breakfast inn may serve breakfast and/or dinner to registered guests only. No other meals shall be provided. The room rate shall be inclusive of meal(s) if they are to be made available; there shall be no additional charge for any meal. Permitted meals may be served in common rooms, guestrooms or on outside terraces (see subsection 142- 1401 (9)). The meal service is not considered an accessory use and is not entitled to an outside sign. (8) Permitted meals may be served in areas outside of the building under the following conditions: a. Existing paved patios shall be restored but not enlarged. If no paved surface exists, one consistent with neighboring properties may be installed. b. The area shall be landscaped and reviewed under the design review process. Landscape design shall effectively buffer the outdoor area used for meals from adjacent properties. c. Any meal served outdoors shall be carried out from inside facilities. Outdoor cooking, food preparation, and/or servinglbuffet tables are prohibited. (9) Notwithstanding (7) and (8) above, bed and breakfast inns mav be permitted to have limited assemblv uses if approved bv the Planninq Board as a conditional use, consisting of private events by invitation onlv not open to members of the general public, up until 12:OO midnight. The entire building shall be substantially rehabilitated and conform to the South Florida Building Code, property maintenance standards, the fire prevention and life safety code and the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as amended. In addition, the entire main structure shall have central air conditioning and any habitable portion of auxiliary structures shall have air conditioning units. (110) Building identification sign for a bed and breakfast inn shall be the same as allowed for an apartment building in the zoning district in which it is located. (124) The maximum amount of time that any person other than the owner may stay in a bed and breakfast inn during a one-year period shall not exceed three months. (132) The required off-street parking for a licensed bed and breakfast inn shall be the same as for a single-family residence. There shall be no designated loading zones on any public right-of-way and required parking spaces shall not be constructed on swales, public easements or rights-of- way. SECTION 2. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this day of 2010. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION T:\AGENDADOlO\October 27Regular\Bed and Breakfast Ordinance ORD Planning Board version.docx THIS PAGE INTENTIONALLY LEFT BLANK Daniel R. Aaronson* James S. Benjamin Law Offices BENJAMIN & AARONSON, P.A. One Financial Plaza Suite 1615 Fort Lauderdale, Florida 33394 Telephone (954) 779-1700 Fax (954) 779-1771 Peter Patanzo *Also licensed in New Jersey and Georgia October 25,2010 Gary Held, Esq. City Attorney's Office 1 700 Convention Center Drive Miami Beach, Florida 33 139 RE: Club Madonna Dear Mr. Held: Enclosed please find ten copies of the CD that contain case law and studies that I wish for the Ciy Commission to have available for review as to item RSL, Ordinance on Alcohol and Nudity which will be subject of discussion on October 27,2010. Per our conversation of October 25,2010, you agreed that I could prcvide you with these copies along with a Table of Contents and you would see that they got distributed properly to the City Clerk, etc. Thank you for your cooperation in this matter. Sincerely, I Attorney for Club Madonna I 1 ~~enda Item R 5L 1 Date 10-27-10 MATERIALS SUBMllTED IN SUPPPORT OF AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA AMENDING CHAPTER 6, "ALCOHOLIC BEVERAGES," OFTHE CODE OF THE ClTY OF MlAMl BEACH, FLORIDA, TO ALLOW ESTABLISHMENTS LICENSED TO PROVIDE TOTAL NUDE ENTERTAINMENTTO SERVE ALCOHOLIC BEVERAGES TO THEIR CUSTOMERS. TABLE OF CONTENTS 1 City of Los Angeles v. Alameda Books, 535 U.S. 425, 122 S Ct. 1728. 152 L Ed.2d 670, (2002). 2. Communication Law and Policy, Volume 6. Spring 2001, Number 2 - Government Regulation of "Adult" Businesses Through Zoning and Anti-Nudity Ordinances: Debunking the Legal Myth of Negative Secondary Effects, authored by Bryant Paul, Daniel Linz, and Bradley Shafer. 3. Curriculum Vitae of Daniel G. Linz. Ph. D 4. Consumers of Erotic Entertainment. A Survey of the Patrons of the Mons Venus in Tampa, Florida, taken by Randy Fisher, Ph. D 5. Affidavit of Randy Fisher, Ph D. 6. Contradictory and inconclusive Findings, by Bruce McLaughlin Consulting Services. 7. R. Bruce McLaughlin Experience and Career History Do Adult Cabarets Affect Neighborhood Crime Volumes? Taken by Terry Danner Erie Boulevard Triangle Cow, V. Citv of Schenectady, 152 F.Supp 2d 241 (N.D. N.Y. 2001) Excerpts of Testimony of Dr. Rebekah J. Thomas in Kentuckv Restaurant Conce~ts. Inc. V. ~itv of Louisville, Case No. 3:Ol-CV-374-H Curriculum Vitae of Dr. Rebekah J. Thomas Exploring the Casual Connection between Adult Use Enterprises and the Adverse Secondary Effect of Crime Flaninan's Enterprises. Inc. V. Fulton County, 242 F.3d 976 ( llth Cir. 2001) Letter to the U.S. Department of Justice to Byant Paul from Elizabeth Groff of the Crime Mapping Research Center Market Study and Report: A Study of Real property and Negative Secondary Effects in Brandenton, Florida taken by Richard Schauseil. Market Study and Report: A Study of Real Property and Negative Secondary Effects in Casselberry, Florida taken by Richard Schauseil. 17. Market Study and Report: A Study of Real Property and Negative Secondary Effects in Tampa, Florida taken by Richard Schauseil Curriculum Bitae - Richard Schauseil 18. Market Study and Report: A Study of Real Property and Negative Secondary Effects in Pinellas County, Florida taken by Richard Schauseil 19. Market Study and Report: A Study of Real Property and Negative Secondary Effects in Oakland Park, Florida taken by Richard Schauseil 20. Curriculum Vitae of Richard Schauseil 21. Market Study of Six Locations in Four Neighborhoods in Oklahoma City, Oklahoma by Stephen V. Greer. MA1 22. Palazzolo v. Rhode Island. 533 U.S. 606. 121 S.Ct. 2448. 150 L.Ed.2d 592 (2001) 23. Paper on the validity of the 1977 Los Angeles Secondary Effects Study Relief on by the City of Los Angeles Presented in Support of the Amicus Curiae Brief of the First Amendment Lawyers Association. taken by Daniel Linz. 24. Pasco County, Florida - Contemplated Amendments to the Adult Use Regulations Predicate Commentary- Volume IA 25. Pasco County, Florida - Contemplated Amendments to the Adult Use Regulations Predicate Commentary - Volume II 26. Peek-A-Boo Lounge of Bradenton, inc. et. al. v. Manatee Countv, 2003 WL 21649675 27. Positive Economic Impact of the Mons Ven8us: The lmpact of the Performers Incomes 28. Summary of Secondary Affects Analyses. By McLaughlin Consulting Services, Inc.. 29. Testimony of Dr. Daniel Linz -University of CA, Santa Barbara- Chair, Law and Society Program; Professor, Department of Communication, taken by John Feegal (Curriculum Vitae included) 30. The Effects of the Mons Venus Adult Cabaret on Neighborhood Crime Volumes, in Tampa, Florida; Empirical Analysis of Longitudinal Data, taken by Terry Danner 31. The Effects of the Mons Venus Adult Cabaret on Neighborhood Crime Volumes in Tampa, Florida: A 2001 Updated: An Empirical Analysis of Longitudinal Data, taken by Dr. Terry Danner 32. The Pornographic Tradition-Formative Influences in the 16'~ and lgth Century European Literature, by Marianna Beck, Ph.D. 33. Thirteen Steps to a Successful Experiment, entered into the record of adoption for Oak Park Ordinance 01-07. March 20.2001 34. Three Studies of the Secondary Effects of Adult Nightclubs in Charlotte-Mecklenburg County United States v. Plavbov Entertainment Group. Inc. 592 U.S. 803, 120 S.Ct. 1878,146 L.Ed.2d 865 (2000) and Plavboy Entertainment Group. Inc. v. United States, 30 F.Supp.2d 702 Using Crime Mapping to Measure the Negative Secondary Effects of Adult Businesses in Fort Wayne, Indiana: A Quasi-Experimental Methodology XLP Corporation v. The Countv of Lake, 317 III.App.3d 881,743 N.E. 2d 162, (2000) Daytona Grand Inc. d/b/a Lollipop's Gentleman's Club. vs. Citv of Davtona Beach, Florida 410 F.Supp.2d 1173. (2006) Article "Club, Porn Fight Dropped." Myrtle Beach Sun News, 3-11-06 Article; "Experts: Porn Shops Don't Hike Crimes." Journallnquirer.com, 4-17- 06. Plaintiffs' Amended Experts' Reports on Secondary Effects Studies for Daytona Beach Ordinances 81-334,02-496 and 03-375 A Public Health Analysis Of Rancho Cordova Proposed -Adult Business Ordinance Number 22- 2004, J.R. Greenwood, Ph.D. M.P.H. An Analysis of Miami-Dade Ordinance 96-13, J.R. Greenwood, Ph.D., M.P.H. Summarizing and Evaluating Studies and Reports that Examine Whether Adult Businesses Cause Adverse Secondary Effects The economic impact of three adult oriented clubs in Rancho Cordova.