Oct 27 con titles
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City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
October 27, 2010
Mayor Matti Herrera Bower
Vice-Mayor Jorge Exposito
Commissioner Michael Góngora
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.
Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City Commission
may move any agenda item to the alternate meeting date which will only be held if needed. In addition, the
Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all
agenda items.
Call to Order - 9:00 a.m.
Inspirational Message, Pledge of Allegiance
Requests for Additions, Withdrawals, and Deferrals
The City Commission will recess for lunch at approximately 1:00 p.m.
Presentations and Awards Regular Agenda
PA Presentations and Awards R2 Competitive Bid Reports
R5 Ordinances
Consent Agenda R7 Resolutions
C2 Competitive Bid Reports R9 New Business and Commission
C4 Commission Committee Assignments R10 City Attorney Reports
C6 Commission Committee Reports
C7 Resolutions Reports and Informational Items
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.
Consent Agenda, October 27, 2010
ii
Presentations and Awards
PA1 Certificates Of Recognition To Be Presented To Earl Allen And Claudio Jurado In Recognition Of 50
Years Of Service To Mount Sinai And The Miami Beach Community. (Page 3)
(Requested by Mayor Matti Herrera Bower)
PA2 Presentation Of Sister Cities Plaque By Sister Cities Committee Chairman George Neary.
(Requested by Mayor Matti Herrera Bower)
PA3 Certificates Of Achievement To Be Presented To The 2010 Information Technology Summer
Internship Program Participants.
(Requested by Mayor Matti Herrera Bower)
PA4 Certificates Of Appreciation To Be Presented To Officer Of The Month Awardees From The Miami
Beach Police Department.
(Requested by Vice-Mayor Jorge Exposito)
PA5 Certificate Of Appreciation To Be Presented To “Las Maraqueras,” From The Little Havana Activities
& Nutrition Centers Of Dade County.
(Requested By Commissioner Michael Góngora)
PA6 Proclamation To Be Presented In Honor Of Hispanic Heritage Month.
(City Manager’s Office)
PA7 Key To The City To Be Presented To Christian Mejia For His Military Service.
(Requested by Commissioner Jerry Libbin)
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 - Competitive Bid Reports
C2A Request For Approval To Award Job Order Contracts To The Following Contractors Pursuant To
Invitation To Bid (ITB) 37-09/10, For Job Order Contract - Streetscape Utilities Construction Projects:
Envirowaste Services Group, Inc., Harbour Construction, Inc., M. Vila & Associates, Inc., Metro
Express, Inc., RIC-Man Construction, Inc., Trans Florida Development Corp., And Williams Paving
Co.; Authorize The Administration To Negotiate The Adjustment Factors With Each Contractor; And
Authorize The Mayor And City Clerk To Execute Contracts Upon Completion Of Successful
Negotiations By The Administration. (Page 7)
(Procurement)
Consent Agenda, October 27, 2010
iii
C4 - Commission Committee Assignments
C4A Referral To The Finance And Citywide Projects Committee - Discussion Regarding The Issuance Of
A Request For Proposals (RFP) To Award A Concession Agreement For The Management And
Operation Of A Hop-On Hop-Off City Bus Tour Service From Various Locations In The City.
(Page 17)
(Tourism & Cultural Development)
C4B Referral To The Finance And Citywide Projects Committee To Discuss A Proposed Lease Of
Approximately 2216 Square Feet Of City-Owned Property Located At 22 Washington Avenue, Miami
Beach, Florida, For The Purpose Of Accommodating 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. (Page 19)
(Real Estate, Housing & Community Development)
C4C Referral To The Land Use And Development Committee - Discussion Regarding A Stricter
Panhandling Ordinance. (Page 21)
(Requested By Commissioner Michael Góngora)
C4D Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding Excessive
Use Of Sign Advertising “Cheap Meals” And The Like At Restaurants On Lincoln Road And Ocean
Drive. (Page 23)
(Requested By Commissioner Michael Góngora)
C4E Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding The Mapping
Of Old Alton Road On Miami Beach. (Page 25)
(Requested By Commissioner Michael Góngora)
C4F Referral To The Finance And Citywide Projects Committee – Discussion Regarding Proposing A
Refund Of The Miami Beach Millage Increase. (Page 27)
(Requested by Commissioner Jerry Libbin)
C4G Referral To The Finance And Citywide Projects Committee To Discuss A Request From Mystery
Parks Arts Company, Inc. For An Amendment To Its Lease Agreement. (Page 29)
(Real Estate, Housing & Community Development)
Consent Agenda, October 27, 2010
iv
C6 - Commission Committee Reports
C6A Report Of The Neighborhoods/Community Affairs Committee Meeting On August 31, 2010: 1)
Discussion Regarding Whether The City Should Have A General Standing Rule To Waive Certain
Fees, Such As Parking And Other, Related To Reconstruction Of Private Property Damaged Due To
A Severe Storm Event Or Similar Nature Event. 2) Discussion Regarding Whether Miami Beach
Should Require Naming Rights When It Gives A Substantial Gift To An Organization. 3) Discussion
Regarding Renaming And Restructuring The Safety Committee As The CERT Committee. 4)
Discussion Regarding A Bottle And Can Deposit Ordinance For The City Of Miami Beach. 5)
Discussion Regarding The Placement Of A Plaque On The Jose Marti Bust Commemorating Mr. Luis
Hernandez For His Tremendous Contribution To The Local Hispanic Community. 6) Discussion
Regarding West Avenue Traffic. 7) Review and Discuss The Approval And Adoption Of A Miami
Beach Traffic Calming Manual. 8) Discussion Regarding Banning Or Restricting Smoking On Some
Or All Of The City’s Beaches. 9) Discussion Regarding The Banning Of Coolers Made From Extruded
Polystyrene Foam (aka “Styrofoam”) From The City’s Beaches. Unscheduled Business: Discussion
On The Possibility Of A “How’s My Driving?” Program. (Page 33)
C6B Report Of The Land Use And Development Committee On September 27, 2010: 1) Ordinance
Amendment - Expand The Public Notice Period For All Four Land Use Boards From 15 Days To 30
Days. 2) Entertainment In Sidewalk Café Permit Areas On Ocean Drive - An Ordinance Amending
The Code Of The City Of Miami Beach, By Amending Chapter 82, Public Property, Article IV, Uses In
Public Rights-Of-Way, Division 5, Sidewalk Cafes, Subdivision II, Permit, Section 82-385, By
Providing Minimum Standards, Criteria, And Conditions For Entertainment In Sidewalk Café Permit
Areas On Ocean Drive Between 9th And 13th Streets, And By Amending Chapter 142, Zoning Districts
And Regulations, Article V, Specialized Use Regulations, Division 6, Entertainment Establishments,
Section 142-1361, Definitions, To Amend The Definition Of Outdoor Entertainment To Include Such
Sidewalk Café Areas On Ocean Drive, Providing For Repealer, Severability, Codification And An
Effective Date. 3) Discussion Regarding The Placement Of Water Sub-Meters. 4) Review And
Recommendation Of An Ordinance Amending The Land Development Regulations Of The Code Of
The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations", Article IV,
"Supplementary District Regulations ", Section 142-875 “Roof Replacements” To Modify And Expand
The Requirements For Roofing Materials In All Districts; Providing For Repealer, Codification,
Severability And An Effective Date. 5) Historic Single Family Property Ad Valorem Tax Exemption. 6)
Discussion Regarding Strengthening The Process By W hich Permanent Parking Spaces May Be
Removed From City Inventory, For Instance By Limiting The Purpose And/Or Requiring Commission
Approval. 7) Discussion Regarding Lessening The Intensity Of The Industrial Light District.
(Page 41)
Consent Agenda, October 27, 2010
v
C6 - Commission Committee Reports (Continued)
C6C Report Of The Capital Improvement Projects Oversight Committee Meeting On July 12, 2010: 1)
Attendance. 2) Review And Acceptance Of Minutes. 3) Public Comments. 4) Commission Items: A) A
Resolution Approving And Authorizing The Mayor And City Clerk To Approve Additional Contingency
Funding In The Amount Of $469,175.21, For Horizon Contractors, Inc. For The Construction Of
Additional Owner Requested Items And Betterment Scope Of Work For The City Of Miami Beach
Right Of Way Infrastructure Improvement Program, Neighborhood No. 12C, South Pointe Phase II
Project, Funding Is Available From Previously Appropriated South Pointe Capital Fund 389 In The
Amount Of $469,175.21, For The Additional Scope Of Work. Passed: Unanimous. B) A Resolution
Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The
Professional Architectural And Engineering (A/E) Services Agreement Between The City Of Miami
Beach, Florida And Wolfberg Alvarez And Partners, In The Amount Of $77,720, For The Additional
Professional Services For The Flamingo Park Project; With Funding From 99 GO Bond Parks And
Beaches Fund 377 For Design, In The Amount Of $22,162, Previously Appropriated In The Fiscal
Year (FY) 2006-2007 Capital Budget, And From The MDC CDT Interlocal-CDT Resort Tax Fund 388
For Design, In The Amount Of $55,558, Previously Appropriated In The FY 2009-2010 Capital
Budget. C) Request For Approval To Award Contract, Pursuant To Invitation To Bid No. 26-09/10, For
The Renovation And Restoration Of The Historical Fire Station No. 2 And Hose Tower, Authorizing
The Mayor And City Clerk To Execute An Agreement With Edgewater Construction Group, Inc. At
The Not-To-Exceed Amount Of $1,627,762.74 For The Construction Of The Project, Plus Approve A
Project Contingency In The Amount Of $325,552.55 For A Grand Total Of $1,953,315.29 From Funds
Previously Appropriated In The Capital Budget; Further Authorizing The Administration To Engage In
Value Engineering To Further Reduce The Cost And Time For Completion Of Said Project. Passed:
Unanimous. D) Request For Approval To Award Contract, Pursuant To Invitation To Bid No. 17-09/10,
For The Construction Of The City Of Miami Beach Right Of Way Infrastructure Improvement Program
Neighborhood No. 12/D/E/F, South Pointe Phases III, IV And V; Authorize The Administration To
Engage In Value Engineering To Further Reduce The Cost And Time For Completion Of Said Project;
Authorize The Mayor And City Clerk To Execute An Agreement With Trans Florida Development
Corporation, In The Amount Of $9,950,715.92. For The Construction Of The Project, With Previously
Appropriated Funding Available From South Pointe RDA Fund 379 In The Amount Of $268,719.40,
And From South Pointe Capital Fund 389, In The Amount Of $9,681,996.52 For Construction; And
Approving Previously Appropriated Funding In The Amount Of $995,071.59 From South Pointe
Capital Fund 389 For Project Contingency, For A Grand Total Of $10,945.787.51. 5) Requested
Reports: A) Public Works GIS Presentation To Highlight The Waterline Breaks In The Bayshore
Neighborhood, B) Stormwater Master Plan Milestones. 6) Discussion: A) City’s Standard Form A/E
Agreement – Penalty Language, B) Citywide Guard House Inventory And Ownership, C) Outfall
Cleaning Schedule. 7) Old Business: A) Construction Update: Normandy Shores Neighborhood
Improvement Project B) Status Report: Venetian Island Neighborhood Improvement Project, C)
Status Report: Sunset Islands I & II, D) Status Report: Sunset Islands III & IV, E) Status Report: Royal
Palm Avenue And 44th Street Flooding Mitigation F) Status Report: Palm & Hibiscus Island
Undergrounding G) Status Report: Flamingo/West Avenue ROW H) Status Report: South Pointe
Phase II Neighborhood Improvement Project. (Page 47)
Consent Agenda, October 27, 2010
vi
C7 - Resolutions
C7A A Resolution Retroactively Approving And Authorizing The City Manager Or His Designee To Submit
Grant Applications To: 1) Florida Recreation Development Assistance Program (FRDAP) For Funding
In The Amount Of $200,000 For The Renovation Of The Handball Courts At Flamingo Park; 2)
Federal Emergency Management Agency (FEMA) For Funding In An Amount Not To Exceed $72,000
From The Pre-Disaster Mitigation Grant Program For Impact Resistant Doors And Windows At The
Miami Beach Botanical Garden; 3) Federal Emergency Management Agency (FEMA) For Funding
From The Pre-Disaster Mitigation Grant Program In An Amount Not To Exceed $112,500 For A Storm
Drainage Study; 4) Department Of Homeland Security For Urban Area Security Initiative (UASI)
Funds An Amount Not To Exceed $350,000 For The City’s Homeland Security Needs; 5) Miami-Dade
County Homeless Trust For Funding In An Amount Not To Exceed $64,000 For The City’s Homeless
Program; 6) State Of Florida Department Of Environmental Protection, Coastal Partnership Initiative
For Funding In An Amount Not To Exceed $50,000 For Dune Restoration; 7) State Of Florida
Legislature, In The Form Of Community Budget Issue Requests (CBIRS), In An Amount Not To
Exceed $10,000,000 For Funding For Stormwater, Drinking Water And Wastewater Infrastructure
Improvements; Appropriating The Above Grants, And Matching Funds As Necessary If Approved And
Accepted By The City, And Authorizing The Execution Of All Necessary Documents Related To
These Applications. (Page 57)
(Budget & Performance Improvement)
C7B A Resolution Waiving, By 5/7th Vote, The Competitive Bidding Requirement, Finding Such Waiver To
Be In The Best Interest Of The City, And Approving And Authorizing The Mayor And The City Clerk
To Execute Utility Construction Agreements For The Underground Placement Of All Overhead
Facilities Along 22nd Street, From Collins Avenue To Park Avenue, With The Following Utilities Or
Their Contractors: AT&T, In The Amount Of $63,720.00, And Atlantic Broadband, In The Amount Of
$35,734.00; Further Approving And Authorizing The City Manager To Execute An Agreement With
Gulf Coast Real Estate Consultants, Inc., (Utility Contractor For Sprint), In The Amount Of
$19,955.64; With Funding Available From Previously Appropriated Funds In The City Center RDA
Capital Fund 365. (Page 69)
(Capital Improvement Projects)
C7C A Resolution Approving A Memorandum Of Understanding (MOU) Between The City And The City Of
Coral Gables Authorizing The City Attorney’s Office To Provide Legal Services, To The City Of Coral
Gables In Connection With Recovery Of Monies And/Or Property Pursuant To The Florida
Contraband Act (I.E. Forfeitures Collections). (Page 83)
(City Attorney’s Office)
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 Improvements 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 Improvements On The Right Of Way, In Consideration Of The Board’s Payment
Of $215,074. (Page 85)
(City Attorney’s Office)
(Memorandum & Resolution To Be Submitted In Supplemental)
Consent Agenda, October 27, 2010
vii
C7 - Resolutions (Continued)
C7E A Resolution Re-Appointing Mr. Warren Bittner, Esq. To Serve As Special Master For Appeals Of
Decisions Of The City’s Historic Preservation Board Until September 16, 2013, And Setting The
Compensation At $100.00 Per Hour With A Maximum Payment Of $500.00 Per Case. (Page 87)
(City Clerk’s Office)
(Deferred from September 15, 2010)
C7F A Resolution Electing Commissioner Michael Góngora, Group III, As Vice-Mayor For A Term
Commencing On November 1, 2010, And Terminating On February 28, 2011, Or On Such Date
When A New Vice-Mayor Is Thereafter Elected. (Page 91)
(City Clerk’s Office)
C7G A Resolution Accepting The Recommendation Of The City Manager Pursuant To Request For
Proposals (RFP) No. 46-09/10 For A Medical Services Provider For The Provision Of Various Medical
Services That May Be Required By The City Of Miami Beach, And Other Local, State, And Federal
Laws; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Firm Of
Health Care Center Of Miami, 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 Jackson Health System ; And Further Authorizing The Mayor And City Clerk
To Execute An Agreement Upon The Completion Of Successful Negotiations By The Administration.
(Page 95)
(Human Resources)
C7H Alton Road Historic District Buffer Overlay – Setting First Reading Public Hearing
A Resolution Setting A First Reading Public Hearing To Consider Amending Chapter 142, “Zoning
Districts And Regulations,” Article III, “Overlay Districts,” Creating Division 8 “Alton Road - Historic
District Buffer Overlay,” By Including Section 142-858 “Location And Purpose,” And Section 142-859
“Development Regulations,: Including Among Other Provisions Regulations On Maximum Floor Area
Ratio; Maximum Building Height; Minimum Setbacks; Building Separation; Demolition Or Additions
To Contributing Buildings In An Historic District; And Land Use Regulations For Location Of Retail
Uses, Restaurants, Bars, Entertainment Establishments, Alcoholic Beverage Establishments And
Similar Uses; Requiring Conditional Use Approval Of Such Uses In Excess Of 20,000 Sq. Ft.; And
Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions As
Prescribed In The Ordinance. (Page 105)
(Planning Department)
C7I A Resolution Authorizing The City Manager, And The City Clerk To Execute A Voluntary Cooperation
And Operational Assistance Mutual Aid Agreement With The Town Of Golden Beach, Florida, For
The Purpose Of Coordinating Law Enforcement Planning, Operations, And Mutual Aid Benefit
Between The City Of Miami Beach And The Town Of Golden Beach, Florida. (Page 117)
(Police Department)
Consent Agenda, October 27, 2010
viii
C7 - Resolutions (Continued)
C7J A Resolution Authorizing The City Manager, And The City Clerk To Execute A Memorandum Of
Understanding Between The City Of Miami Beach, On Behalf Of The Miami Beach Police
Department, And The Federal Bureau Of Investigation, South Florida Violent Crime Fugitive Safe
Streets Task Force, Which Serves The Purpose Of Identifying And Prosecuting Criminal Enterprise
Groups Or Individuals Responsible For Violent Crimes, And The Apprehension Of Dangerous
Fugitives. (Page 121)
(Police Department)
C7K A Resolution Approving The Following With Regard To The Proposed Florida Department Of
Transportation (FDOT) Construction Improvements On Abbott Avenue And Collins Avenue (State
Road A1A): 1) Approving And Authorizing The Mayor And City Clerk To Execute License Agreements
With FDOT To Allow The FDOT Contractor To Harmonize The Grades Between The City Owned
Property In The Project Area And The Project Improvements; And 2) Approving The Granting Of Four
(4) Perpetual Easements To FDOT For Maintenance And Improvements Of, Respectively, A Control
Box, Pedestrian Ramps, And A Sidewalk On City Property Within The FDOT Project Area.
(Page 125)
(Public Works)
C7L A Resolution Authorizing The Reallocation Of $361,390 In Previously Appropriated Construction RDA
Funds, And $36,139 In Project Contingency RDA Funds, For A Total Of $397,529, From The Right Of
Way (ROW) Infrastructure Improvements Project For Neighborhood No. 9A, City Center Historic
District, To The FY 2009/2010 Stormwater Pipe – Repairs Capital Project, For The Rehabilitation Of
The Stormwater Pipe Located Along Washington Avenue, Between 18th And 20th Streets; And
Approving A Change Order, In A Not To Exceed Amount Of $361,390, To The Agreement Between
The City And M. Vila And Associates, Inc., For The Right Of Way (ROW) Infrastructure Improvements
Project For Neighborhood No. 9A, City Center Historic District. (Page 155)
(Public Works)
C7M A Resolution Approving Amendment No. 1 To That Certain Lease Agreement By And Between The
City And ECOMB, Inc., Dated December 9, 2009, For The Lease Of Approximately 1,251 Square
Feet Of City-Owned Property, Located At 210 Second Street, Miami Beach, Florida: Said Amendment
Providing For A New Reimbursement Fee Of Water And Sewer Costs; Further Authorizing The Mayor
And City Clerk To Execute The Amendment. (Page 169)
(Real Estate, Housing & Community Development)
C7N A Resolution Approving Amendment No. 1 To That Certain Lease Agreement By And Between The
City And Miami Beach Film Society, Inc., Dated December 9, 2009, For The Lease Of Approximately
2,523 Square Feet Of City-Owned Property, Located At 1130 Washington Avenue, 1st Floor South,
Miami Beach, Florida; Said Amendment Providing For An Additional Five (5) Month Rent Abatement;
Further Authorizing The Mayor And City Clerk To Execute The Amendment. (Page 177)
(Real Estate, Housing & Community Development)
Consent Agenda, October 27, 2010
ix
C7 - Resolutions (Continued)
C7O A Resolution Approving And Authorizing The City Manager To Issue A Certification Of Consistency
With The City’s Consolidated Plan To The Miami-Dade County Homeless Trust For Its Application Of
Funding (Through The U.S. Department Of Housing And Urban Development’s Super Notice Of
Funding Availability) For Douglas Gardens Community Mental Health Center Of Miami Beach’s
Application For Funding For A 12-Bed Shelter Plus Care Program At The Mayfair Residence, Located
At 1960 Park Avenue, Miami Beach, Florida; Further Authorizing The City Manager To Execute Any
Subsequent Certifications Of Consistency With The City’s Consolidated Plan For Renewal
Applications Of HUD Funding For The Aforesaid Project. (Page 187)
(Real Estate, Housing & Community Development)
C7P A Resolution Approving The Implementation Of The Miami-Dade County Homeless Trust’s Adopt-A-
Homeless Donation Meter Campaign Program In The City; Which Program Will Provide Entities And
Individuals An Opportunity To Contribute To Miami-Dade County’s Homeless Programs As An
Alternative To Giving Money To Panhandlers; And Authorizing The City Manager To Take Any Action
Necessary To Implement This Program. (Page 193)
(Real Estate, Housing & Community Development)
End of Consent Agenda