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BOOKMARKEDAGENDAocrMIAMIBEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive December 8,2010 Mayor Matti Herrera Bower Vice-Mayor Michael G6ngora Commissioner Jorge Exposito 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. 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 , We are committed to providing excellent public selvice and safety to all who live, work, and play in our vibrant, tropical, historic community. Consent Agenda, December 8,201 0 Presentations and Awards PA1 Recognition Of The Parks And Recreation Department's Teen Club Members And Staff For Receiving The National Dorothy Mullen Arts And Humanities Award (Class Ill) Presented By The National Recreation And Park Association For Their Outstanding Drama And Theater Programs And Stage Performances. (Page 3) (Parks & Recreation) PA2 Certificates Of Appreciation To Be Presented To City Staff Involved In The City's Application To The 201 0 LIVCOM Awards. (Requested by Mayor Matti Herrera Bower & City Manager) PA3 Certificates Of Recognition To Be Presented To Various Organizations That Participated In Thanksgiving Food Distributions To Needy Miami Beach Residents. (Requested by Mayor Matti Herrera Bower) CONSENT AGENDA Action: Moved: Seconded: Vote: C2 - Competitive Bid Reports C2A Request For Approval To Purchase Manifold Assemblies, Water Meters And Parts From Sensus Metering Systems, Inc., In The Estimated Annual Amount Of $125,627.49. (Page 7) (Public Works) C2B Request For Approval To Purchase American Darling Fire Hydrants From American Flow Control, The Manufacturer Of The American Darling Fire Hydrants, In The Estimated Annual Amount Of $40,000. (Page 1 1) (Public Works) C4 - Commission Committee Assignments C4A Referral To The Land Use And Development Committee Of A Proposed Ordinance Requiring Mandatory Recycling For Multi-Family Residences And Commercial Establishments. (Page 17) (Requested by Commissioner Jonah Wolfson) ii Consent Agenda, December 8,2010 C4 - Commission Committee Assignments (Continued) C4B Referral To The Finance And Citywide Projects Committee - Discussion On Adopting The Master Plan For The North Shore Bandshell Park Project (Project). (Page 19) (Capital lmprovement Projects) C4C Referral To The Sustainability Committee - Discuss ECOBATT, A Self-Sustaining Container Designed To Collect Worn, Damaged Or Outdated Batteries And Electronic Devices. (Page23) (Requested By Vice-Mayor Michael Gongora) C4D Referral To The NeighborhoodsICommunity Affairs Committee - Discussion Regarding A Proposal To Honor The Extensive Community Legacy Of Stanley Levine With A Memorial Bench On Lincoln Road. (Page 25) (Requested by Mayor Matti Herrera Bower) C6 - Commission Committee Reports C6A Report Of The Capital lmprovement Projects Oversight Committee Meeting On October 18,201 0: I) Attendance. 2) Old Business: A) CIP Project Status Report; B) Construction Update: Normandy Shores Neighborhood lmprovement Project; C) Status Report: Venetian Island Neighborhood lmprovement Project; D) Status Report: Sunset Islands I And II; E) Status Report: Sunset Islands Ill And IV; F) Status Report: Royal Palm Avenue And 44th Street Flooding Mitigation; G) Status Report: Palm And Hibiscus Island Undergrounding; H) Status Report: FlamingoNVest Avenue Neighborhood ROW. 3) Requested Reports. 4) Review And Acceptance Of Minutes. 5) Commission Item. 6) Adjournment. (Page 29) C6B Report Of The Finance And Citywide Projects Committee Meeting On November 3, 2010: 1) Discussion Regarding An Amendment To A Resolution Regarding Assignment OfA Police Officer To The Police Athletic League (PAL). 2) Discussion Regarding Parity For Future Sidewalk Cafe Fee Increases. 3) Discussion Regarding A Proposed Lease Agreement With Syanna, LLC, Involving Approximately 2,216 Square Feet Of City-Owned Property Located At 22 Washington Avenue, Miami Beach, Florida, For The Purpose Of Accommodating An Outdoor Cafe Associated With A Restaurant Operation Located At 81 6 Commerce Street, Which Is Directly Adjacent To And West Of The Subject City Property. 4) Discussion Regarding Request From Mystery Parks Arts Company, Inc. For An Amendment To Its Lease Agreement. 5) Discussion Regarding $94,000 - Sleepless Night. 6) Discussion Regarding The Miami Beach Visitors And Convention Authority (VCA) FY 2010111 Budget. 7) Amend Ameresco Agreement To Include Lighting Improvements To Three Additional Parking Garages. (Page 33) C6C Report Of The Land Use And Development Committee Meeting On November 22,201 0: 1) Municipal Ordinance Regulating Commercial Loading Zones. 2) Discussion Regarding Temporary Storefront Signs. 3) Discussion On A Stricter Panhandling Ordinance. 4) Discussion Regarding The Proposed Flamingo Park Skate Park. (Page 37) iii Consent Agenda, December 8,201 0 C7 - Resolutions C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit A Grant Application To The Federal Emergency Management Agency For Emergency Food And Shelter Funds In An Amount Not To Exceed $50,000 For Emergency Assistance; Appropriating The Above Funds, And Matching Funds As Necessary, If Approved And Accepted By The City, And Authorizing The Execution Of All Necessary Documents Related To This Application. (Page 45) (Budget & Performance Improvement) C7B A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals Pursuant To Request For Proposals (RFP) No. 39-09/10, For The Acquisition Of An Automated Vehicle Locator (AVL) System; Authorizing The Administration To Enter lnto Negotiations With The Top-Ranked Proposer, Radio Satellite Integrators; And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer, Authorizing Negotiations With The Second-Ranked Proposer, Geodecisions; Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration In The Estimated Annual Amount Of $52,645 For The Purchase And Installation Of 11 0 Vehicle Devices, And Authorizing The Purchase Of Additional Vehicle Devices On An "As Needed" Basis Subject To Funding Appropriation; Provided Further, That In The Event The City Administration Cannot Negotiate An Agreement With Radio Satellite Integrators, Inc Or Geodecisons, Then Authorizing The City Manager To Reject All Proposals Pursuant To This RFP. (Page 51) (BuildingIParking) C7C A Resolution Setting Of A Public Hearing For The Granting Of Certificates Of Appropriateness For The Demolition Of The Robert C. Haas Handball Courts And For The Demolition Of A Facility Known As "Friendship Corner" Pursuant To The Miami Beach City Code - Land Development Regulation Section 11 8-564 (F) (4), Both Facilities Are Located At Flamingo Park, 1200 Meridian Avenue. (Page 65) (Capital lmprovement Projects) C7D A Resolution Approving And Authorizing The Re-Allocation Of $1 14,205 In Savings From The Seawall - Sunset Lake Park Project And Further Appropriating $49,582 From Fund 384,2003 G.O. Bonds - Neighborhood Improvements; For Additional Work Scope And Associated Fees For The Seawall - Flamingo Drive Rehabilitation Project. (Page 73) (Capital lmprovement Projects) C7E A Resolution Accepting The Recommendation Of The City Manager Relative To The Ranking Of Proposals, Pursuant To Request For Proposals (RFP) No. 36-0911 0, For Third Party Administrator Claim Audit And Performance Evaluation Services; Authorizing The Administration To Enter lnto Negotiations With Claim Technologies, Incorporated, And Should The Administration Not Be Able To Negotiate An Agreement With Claim Technologies, Authorizing The Administration To Negotiate With Deloitte Consulting, LLP; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon The Completion Of Successful Negotiations By The Administration. (Page77) (Human Resources) I. Consent Agenda, December 8,201 0 C7 - Resolutions (Continued) C7F A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Consent To Assignment And First Amendment To Job Order Contract (JOC) No. 23-08/09, Between The City And Unitech Builders Corp., Which Provides For Unitech To Assign The JOC Contract To David Mancini And Sons, Inc. (Page 85) (Procurement) C7G A Resolution Revising The "Special Events Requirements And Guidelines," By Amending The Sections Entitled "Weddings And Ceremonies," "Minimum Requirements," Internal Review Procedure," "Criteria For Grant Of Special Event Permit," "External Review Procedure," "Adherence To Regulations And Other Policies," "Beach Vehicle Access Policy," "Event Signage," "Product PromotionPTemporary Sampling", And "Enforcement And Penalties;" And Further Amending The Special Event Fee Schedule, And Hereby Permitting And Restricting Further Uses On Public Property. (Page 97) (Tourism & Cultural Development) C7H A Resolution lnitiating Conflict Resolution Procedures Provided By Section 164.1052 Of The Florida Statutes Prior To lnitiating Litigation Against The City Pension Fund For Firefighters And Police Officers In The City Of Miami Beach ("Pension Fund") With Regard To The Pension Fund's Position Not To Implement The Terms Of City Of Miami Beach Ordinance No 2010-3705 As They Relate To Pension Fund Members. (Page 131) (City Attorney's Office) End of Consent Agenda Presentations and Awards PA1 Recognition Of The Parks And Recreation Department's Teen Club Members And Staff For Receiving The National Dorothy Mullen Arts And Humanities Award (Class Ill) Presented By The National Recreation And Park Association For Their Outstanding Drama And Theater Programs And Stage Performances. (Parks & Recreation) PA2 Certificates Of Appreciation To Be Presented To City Staff Involved In The City's Application To The 201 0 LIVCOM Awards. (Requested by Mayor Matti Herrera Bower & City Manager) PA3 Certificates Of Recognition To Be Presented To Various Organizations That Participated In Thanksgiving Food Distributions To Needy Miami Beach Residents. (Requested by Mayor Matti Herrera Bower) i 1 Agenda Item PA 1-3 I Date 12- h- ~d THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: Request for Approval to Purchase Manifold Assemblies, Water Meters and Parts from Sensus Metering Systems, Inc., In The Estimated Annual Amount of $125,627.49. Key Intended Outcome Supported: Ensure Well Maintained Infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): NIA Issue: I Shall the City Commission Approve the Purchase? I Item SummarylRecommendation: The City's Public Works, Operations Division utilizes manifold assemblies which are used to install several water meters adjacent to each other. About 17 years ago, the City started a program to standardize the water meters used throughout the City's water distribution system. In order to facilitate a more rapid standardization, the City Commission approved Sensus Metering Systems, Inc., (Sensus) as a sole source vendor on October 11, 2006. The City is continuing with its water meter standardization program; to date, approximately 80% of the City of Miami Beach's 13,050 water meters are Sensus. APPROVE THE PURCHASE Advisory Board Recommendation: I Financial Information: I I City Clerk's Office Legislative Tracking: I Gus Lopez, ext. 6641 Account Public Works Water Account No. 425.0410.000680 O#PP AGEBDA STEM c2 A Amount $ 125,627.49 Source of Funds: DATE 12-8- /d 1 Financial Impact Summary: 2 3 4 Total $ 125,627.49 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 r\+ DATE: December 8, 201 0 /I / / SUBJECT: REQUEST FOR APPROVAL ASSEMBLIES, WATER METERS AND PARTS FROM SENSUS METERING SYSTEMS, INC., IN THE ESTIMATED ANNUAL AMOUNT OF $125,627.49 ADMINISTRATION RECOMMENDATION Approve the Purchase. FUNDING $125,627.49 Public Works Department Water Account Number 425.0410.000680 KEY INTENDED OUTCOME SUPPORTED Well Maintained Infrastructure. ANALYSIS About 16 years ago, the City started a program to standardize the water meters used throughout the City's water distribution system. The City's Public Works Operations Division utilizes manifold assemblies which are used to install several water meters adjacent to each other. In order to facilitate a more rapid standardization, the City Commission approved Sensus Metering Systems, Inc., (Sensus) as a sole source vendor on October 11, 2006. The City is continuing with its water meter standardization program; to date, approximately 80% of the City of Miami Beach's 13,050 water meters are Sensus. In the past, Public Works has had 5 different manufacturer's meters in their distribution system and had to stock repair parts for each brand (and size) because the parts are not interchangeable. It is estimated that the City will need to acquire approximately 1 ,I 62 new water meters for new installation or replacement of existing water meters and 4 manifold assemblies. The approximate breakdown is as follows: 450 ea. 518"meters at $33.52 each: $ 15,084.00 525 ea. 1"meters at $92.02 each: $48,310.50 125 ea. 1.5" meters at $1 98.82 each: $24,852.50 45 ea. 2" meters at $31 1.29 each: $ 14,008.05 9 ea. 3 meters with strainer at $ 986.24 each: $ 8,876.16 Commission Memorandum - Sensus Metering Systems December 8, 2010 Page 2 of 2 4 ea. 4" meters with strainer at $ 1,920.07 each: $ 7,680.28 4 ea. 3" & 4" manifold at a unit cost of $1,704.00 each: $ 6,816.00 Estimated Annual Amount: $1 25,627.49 In the future, if the City of Miami Beach does convert to an Automatic Meter Reading (AMR) program, a standardized inventory of water meters will facilitate this endeavor. Having a variety of brands in the ground can present additional problems to convert to an AMR system. In addition, the meters that the City currently uses can be converted to an automatic meter by just replacing the existing register with an electric register rather than having to replace existing meters that are functioning properly. This would not only result in labor and material costs savings, but will also prevent water service interruptions for our customers during the conversion to automatic meter readers. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the purchase of manifold assemblies, water meters and parts from Sensus Metering Systems, Inc., in the estimated annual amount of $125,627.49. Attachment: Sensus Letter T:\AGENDA\201 O\December 8\Consent\Sensus Water Meter-Merno.doc MaryAnn Junk 1501 Ardmore Blvd T: 724-439-7839 BidJQuote Administrator Sixth Floor F: 800-888-2403 sEnsus Contract & Proposal Management Pittsburgh, PA 15221 usAhe Measuieoithe Mure maryann.junk@sensus.com Sales November 18,2010 The City of Miami Beach 451 Dade Boulevard Miami Beach, Florida 331 39 Attention: Ms. Marta Fernandez-Rubio Subject: Sole Manufacturer To Whom It May Concern: Please be advised that Sensus Metering Systems Inc is the sole manufacturer of Sensus Metering products including Water Meters, Meter Reading Systems, Testing Equipment, and Repair Parts. The Current pricing is constant with pricing and quantities available within the state of Florida at this time. Thank you for your business, and we look forward to continuing to provide you with quality Sensus products and superior customer service. Sincerely, Sensus Metering Systems MaryAnn Junk BidIQuote System Administrator Marketing Department cc: Anneliese Meier, Territory Manager COMMISSION ITEM SUMMARY Condensed Title: Request for Approval to Purchase American Darling Fire Hydrants from American Flow Control, the Manufacturer of the American Darling Fire Hydrants, in the Estimated Annual Amount of $40,000. Key Intended Outcome Supported: To Ensure Well-Maintained Infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): NIA Issue: I Shall the City Commission Approve the Purchase? Item SummarylRecommendation: For the past 14 years the Public Works Department has been using American Darling Fire Hydrants. There are approximately 1,050 fire hydrants in the city and Public Works is in need of replacing approximately 50 fire hydrants. The fire hydrants are replaced as needed following an annual inspection to determine that the hydrants function properly. This purchase will only replace hydrants that do not function properly. On October 19, 2005, the Mayor and City Commission adopted Resolution No. 2005-26026, waiving by 517th~ vote, the formal competitive bidding requirements, and approving the purchase of the American Darling fire hydrants from American Flow Control. Each Fiscal Year thereafter, the Administration has requested approval from the Mayor and City Commission to purchase the fire hydrants from American Flow Control, the Manufacturer of the American Darling fire hydrants, when purchase amount exceeds $25,000. American Flow Control is the sole source manufacturer for the American Darling Fire Hydrant requested by Public Works Department (see attached letter). The City of Miami Beach has been purchasing directly from the manufacturer for the past 13 years, getting the hydrants at an average cost of $755. Miami-Dade County has a contract for the purchase of fire hydrants, and the average price of the American Flow Control fire hydrant is $764.75 each. The use of American Darling fire hydrants as the standard reduces the procurement, warehousing, and inventory costs. THE ADMINISTRATION RECOMMENDS APPROVING THE PURCHASE Advisory Board Recommendation: I NIA I City Clerk's Office Legislative Tracking: I Gus Lopez, ext. 6641 ABEWDA ITEM CAB /2- g-/a 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: December 8, 201 0 SUBJECT: REQUEST FOR APPROVAL T UR HASE AMERICAN DARLING FlRE AMOUNT OF $40,000. 2P HYDRANTS FROM AMERICAN FLOW CONTROL, THE MANUFACTURER OF THE AMERICAN DARLING FlRE HYDRANTS, IN THE ESTIMATED ANNUAL ADMINISTRATION RECOMMENDATION Approve the Purchase. FUNDING $40,000 Public Works Department Water Account Number 425.041 0.000682 KEY INTENDED OUTCOME SUPPORTED Ensure Well Maintained infrastructure. ANALYSIS For the past 14 years the Public Works Department has been using American Darling Fire Hydrants. There are approximately 1,050 fire hydrants in the city and Public Works is in need of replacing approximately 50 fire hydrants. The fire hydrants are replaced as npeded following an annual inspection to determine that the hydrants function properly. This purchase will only replace hydrants that do not function properly. The American Darling brand is the product chosen because of its lower maintenance costs and commonality with fire hydrants already in use. Approximately 70% of the fire hydrants in Miami Beach are the American Darling brand. The Public Works Department has been standardizing fire hydrants in order to lower the number of fire hydrants manufacturers and parts kept in inventory. On October 19,2005, the Mayor and City Commission adopted Resolution No. 2005-26026, waiving by 5ffths vote, the formal competitive bidding requirements, and approving the purchase of the American Darling fire hydrants from American Flow Control. Each Fiscal Year thereafter, the Administration has requested approval from the Mayor and City Commission to purchase the fire hydrants from American Flow Control, the Manufacturer of the American Darling fire hydrants, when purchase amount exceeds $25,000. American Flow Control is the sole source manufacturer for the American Darling Fire Hydrant requested by Public Works Department (see attached letter). The City of Miami Beach has been purchasing directly from the manufacturer for the past 14 years, getting the hydrants at an average cost of $755 each. Miami-Dade County has a contract for the purchase of fire hydrants, and the average price of the American Flow Control fire hydrant is Commission Memorandum - American Darling Fire Hydrants December 8, 2010 Page 2 of 2 $764.75 each. This pricing is effective until the end of 201 0. The company has not published its 201 1 prices as of the date of this memo. The other brands of fire hydrants currently used by the City are Iowa, Kennedy, Waterless, U.S. Pie and Mueller. The repair parts are not interchangeable between the various brands. In addition, the use of American Darling fire hydrants as the standard reduces the procurement, warehousing, and inventory costs. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the purchase of the American Darling Fire Hydrants from the sole source manufacturer, American Flow Control, in the estimated annual amount of $40,000.00. Attachment: American Flow Control Sole Source Letter T:\AGENDAPOIO\December 8\Consent\American Darling Fire Hydrants -Memo.doc AMERICAN FLOW CONTROL George Clark Territory Manager 300 Prirnera Blvd., Suite 240 Prirnera Four Lake Mary, Florida 32746 Phone (407) 804-1 420 Fax (407) 804-1201 Georgeclark@acipco.corn November 16,20 10 Ms Marta Fernandez Rubio City of Miami Beach 1700 Convention Center Dr Miami Beach, FL 33 139 AMERICAN DARLING 5 ?4 INCH B-84-B FIEW HYDRANTS Dear Ms. Rubio: American Flow Control is a division of American Cast Iron Pipe Company and is the sole source of manufacture for American Darling fire hydrants. Thank you for your interest and support of American Flow Control products. If I can answer any questions, please let me know. Best regards, AMERICAN FLOW CONTROL George Clark Territory Manager MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: MEMORANDUM City Manager, Jorge M. Gonzalez Commissioner Jonah Wolfson November 24,201 0 Referral to Land Use and Development Committee of a Proposed Ordinance Requiring Mandatory Recycling for Multi-Family Residences and Commercial Establishments I have been working with the City Attorney's Office and Public Works Department in the drafting of an Ordinance which would require mandatory recycling, via the establishment of a City of Miami Beach Recycling Program, for multi-family residences and commercial establishments in the City. The proposed Ordinance has been reviewed and commented upon by the Sustainability Committee and, at its meeting on November 23, 201 0, the Committee recommended that the Ordinance be referred to the Land Use and Development Committee for its review, prior to consideration by the City Commission. Accordingly, please place this matter for referral to the next Land Use Committee Meeting. 1 1 Agenda Item f I/A We ore commitfed to providing excellent public service and safety to all who live, work, and ploy in oli Date ~l-g-la 17 I THIS PAGE INTENTIONALLY LEFT BLANK MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manag DATE: December 8,201 0 SUBJECT: REFERRAL TO THE FINANCE Lk D CITYWIDE PROJECTS COMMITTEE - DISCUSSION ON ADOPTING THE MASTER PLAN FOR THE NORTH SHORE BANDSHELL PARK PROJECT (PROJECT). ADMINISTRATION RECOMMENDATION Refer the matter to the Finance and Citywide Projects Committee for discussion FUNDING The total project funding currently available for this project from Miami-Dade County General Obligation Bond Fund and Quality of Life Resort Tax Fund is $1,918,313. ANALYSIS On May 13, 2009, the City Commission approved a referral to the Finance and Citywide Projects Committee (Committee) of a proposal to secure the Architectural and Engineering (AIE) Services of BEA Architects, in partnership with Rene Gonzalez Architect Inc., for the planning, design and construction administration services for the Bandshell Park site. The Committee recommended the approval of the agreement at its September 3,2009 meeting. Project Description The North Shore Bandshell Park is a historic site, located in the heart of North Beach, along Collins Avenue, between 72" and 73rd Streets. The Master Plan scope included the following: Landscaping; Accent / security lighting; Reconfiguration and/or addition of walkways to enhance circulation; Addition of a service driveway; Installation of an electronic marquee for the Bandshell Facility; Installation of the Art in Public Places piece - "Beatles Mandala". The project planning process has followed the standard park improvement project sequence. The project kick-off meeting was held on December 7, 2009. The master plan was presented to the community on July 22, 2010, and approved by the Design Review Board (DRB) on November 2,201 0. There was strong support for the Project as presented by the Consultant, both from the Community as well as from the Board, and consensus was reached for the design concept. 1 Agenda Item e '?& Date 12-8-/O City Commission Memorandum North Shore Bandshell Park Master Plan December 8,201 0 Page 2 of 4 The Design Review Board made the recommendation that the construction of a walkway connecting the park to the beach along 72"d Street be completed as part of the Phase 1 improvements. The draft Master Plan (Attachment 1) presents a phased implementation plan of the proposed improvements to the park as follows: Phase I - Park Improvements Phase 1 will consist of new walkways, landscape planting, landscape irrigation, lighting, site furniture, general signage, the installation of an electronic marquee, and the installation of the Beatles Mandala. The estimate of probable construction cost for this phase is $1 ,I 91,903, inclusive of a 10% construction contingency allowance. The completion of Phase 1 will significantly improve the quality and character of the park and help achieve the design intent, which is to enhance circulation, activate the connection between Collins Avenue and Ocean Terrace, provide areas for pedestrian congregation through the addition of tables and benches, and enhance lighting thereby improving security. The additional phases, when implemented, will enhance the connectivity of the park to the North Beach Recreational Corridor as well as to Ocean Terrace. Phase 1A - Elevated Platform Additionally, the construction of a 4,000SF elevated platform where park visitors will be able to watch the activities at the sand bowl area, lighting, landscape, and associated site improvements are currently underway as part of the construction of the North Beach Oceanfront Center Project. The cost previously identified and allocated for the construction of this work is $385,519 (in addition to the $1.210M). The following phases will be considered in the future and will not require re-work to be implemented. Phase 2A - 72"d Street Walkway Phase 2A will consist of a new walkway and associated landscape and lighting, connecting the south end of the park to the North Beach Recreational Corridor, at 72"d Street. This will also serve as connector to the beach. The required budget to implement Phase 2A, inclusive of funding for Art in Public Places (AiPP), CMB fees, and construction contingency is $143,688. Since this has been requested by the DRB to be implemented as part of Phase 1, the Administration recommends seeking additional funds for this work via the FY 11/12 Capital Budget process. Phase 2B - 73rd Street Multi-Purpose Walkway Phase 2B will consist of the widening of the south sidewalk along 73rd Street, creating a multi-purpose path connecting Collins Avenue to Ocean Terrace. Any and all items addressed in this phase will add to the overall design but are not an integral part of the immediate design implementation. The estimate of probable cost for this phase is estimated to be $44,779 inclusive of an additional 10 percent for a contingency allowance in the construction phase. City Commission Memorandum North Shore Bandshell Park Master Plan December 8,201 0 Page 3 of 4 The required budget to implement Phase 2B, inclusive of funding for Art in Public Places (AiPP), CMB fees, and construction contingency is $58,676. Based upon the estimated construction costs identified for each of the master plan phases, the City has sufficient funds to implement Phase 1 and the elevated platform at this time. Phases 2A and 26 will be considered in the future during the FY 11/12 Capital Budget process. The project budget for each phase is presented herein. Table 1 North Shore Bandshell Park Master Plan Phase I- Project Budget (Funded Improvements) Phase I- Park Improvements Estimated Costs ($) Design & Engineering 1 94,000 Construction 1,083,548 Contingency (10% of const.) 108,355 Testing / Permitting 30,000 Art in Public Places (1.5% of const.) 16,253 Construction Mgmt. (6% less AiPP) 84,954 Phase I Project Budget $1,517,110 Table 2 North Shore Bandshell Park Master Plan Phase 1A - North Beach Oceanfront Center- Elevated Platform - Project Budget (Funded Improvements) Elevated platform and associated improvements Estimated Costs($) Construction 385,519 Art in Public Places (1 5% of const.) 5,783 Elevated Platform Budget $391,302 Table 3 North Shore Bandshell Park Master Plan Phase 2A- Project Budget (Unfunded Improvements) Phase 2A- 72"d Street Walkway Estimated Costs($) Construction 1 12,694 Contingency (1 0% of const.) 11,269 Testing / Permitting 10,000 Art in Public Places (1.5% of const.) 1,690 Construction Mgmt. (6% less AiPP) 8,038 Phase 2A Project Budget $ 143,692 City Commission Memorandum North Shore Bandshell Park Master Plan December 8,201 0 Page 4 of 4 Table 4 North Shore Bandshell Park Master Plan Phase 2B- Project Budget (Unfunded Improvements) Phase 2B- 73rd Street Multi-Purpose Walkway Estimated Costs($) Construction 40,708 Contingency (1 0% of const.) 4,071 Testing 1 Permitting 10,000 Art in Public Places (1.5% of const.) 61 1 Construction Mgmt. (6% less AiPP) 3,287 Phase 2B Project Budget $ 58,676 CONCLUSION AND/OR RECOMMENDATIONS It is recommended that the Commission refer the matter to the Finance and Citywide Projects Committee for discussion on adopting the Master Plan for the North Shore Bandshell Park. By approving the Master Plan, the City will officially end the planning process for this project and adopt the design concept. The Administration will be able to proceed with the design development, construction documents, bidding and award, and construction phases of the Project with this approval. Attachments: I. North Shore Bandshell Park Master Plan, dated December 2010. 2. North Shore Bandshell Park Master Plan, Estimate of Probable Cost T:\AGENDA!2010\December 8\Consent\North Shore Bandshell Park Master Plan - Memo.doc MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge Gonzalez, City Manag FROM: Michael Gongora, Vice Mayo DATE: December 1, 201 0 SUBJECT: Referral ltem for December 8 Commission Meeting I would like to referral an item to the Sustainability Committee meeting in December. I would like to place on the agenda the opportunity to discuss ECOBATT. ECOBATT is a self-sustaining container specially designed to collect worn, damages or outdated batteries and electronic devices. Please do not hesitate to contact my office if you have any further questions at extension 6087. Agenda ltem C '/C Date /J-x-/D THIS PAGE INTENTIONALLY LEFT BLANK OFFICE OF TI-IE MAYOR AND COMMISSION TO: FROM: DATE: Jorge M. Gonzalez, City Manager Matti Herrera Bower, Mayor 4 .~a3 December 1,201 0 MEMORANDUM SUBJECT: Coilse~lt Agenda It el11 : Refelm1 to ~ei~l~borlloods Committee Please place on the Dec. 8, 2010 Coill~llissio~l illeetiilg agenda a referral to the Neigl~borl~oocls Co~lullittee of a discussio~l regarding a proposal to honor the extensive coi~u~~ull~ity legacy of Stanley Levine wit11 a me~lloiial bench on Lincoln Road. I tlla~lk you in advailce for your cooperation in tlis matter. If you have any cluestions, please do not hesitate to coiltact Rebecca Wakefield at exte~~sion 6157. T11an.k you. VVe ore ccnnmitled b po\,idi~g e.~ce!lon~ public service ond .safeti/ ICI all I.~/I(.> livs, b.*o1;4, arid play in our t,il,rd Agenda Item C 4D j Date /.-8-/0 THIS PAGE INTENTIONALLY LEFT BLANK m 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 Date: December 8,201 0 Subiect: REPORT OF THE CAPITAL I T PROJECTS OVERSIGHT COMMITTEE M CTOBER 18,2010 The meeting was called to order at 5:43PM Please note: These minutes are not a full transcription of the meeting. Full audio and visual record of this meeting is available online on the City's website: hffp:// www.miamibeachfl.gov/video/video.asp 1. ATTENDANCE See attendance sheet copy attached. 2. OLD BUSINESS Normandy Shores Neighborhood lmprovement Project Dedication was held on September 16, 201 0 for the Normandy Shores Neighborhood as well as the Clubhouse. The Normandy Shores Neighborhood lmprovement Project is being finalized. Venetian Islands Street End Encroachments Public Works will send out encroachment notices to residents later in the week. Venetian Island Neighborhood lmprovement Project Watermains continue to progress. The design of the Neighborhood lmprovements is being finalized and is in permitting. Eleanor Carney asked about schedule conflicts between the City of Miami Beach and Miami-Dade County Projects. Roberto Rodriguez noted that the County does not have a schedule and will coordinate with Miami-Dade County. Staff Action: Provide Miami-Dade County construction schedule for the Venetian Causeway Improvements upon receipt and review with respect to the City's Venetian Islands Neighborhood lmprovement Project. Agenda Item CGA Date /a-$-/O ClPOC Committee Meeting Minutes from October 18,2010 Page 2 of 3 Sunset islands I & I1 Design is almost at 100% completion. Permits have been received and we are ready to bid. Need to resolve width of roads vs. accessibility issue. Sunset Islands Ill & IV Completed the existing conditions survey of the outfalls, report is under review internally. The City Commission will consider a City Special Assessment District for the utility undergrounding project in its forthcoming meetings. Royal Palm Avenue and 44h Street Flooding Mitigation This project has all its permits and construction mobilization has begun. Palm & Hibiscus Island Undergrounding Miami-Dade County Commission unanimously passed the ordinance to form the special taxing district on September 21, 201 0, now it will move forward with the election of the registered voters. FlamingoIWest Avenue Neighborhood ROW CIP is awaiting results from the stormwater masterplan which remains on schedule for December. 3. REQUESTED REPORTS Indian Creek WaterIWastewater Project Sanitary Sewer Lateral Scope of Work. Fernando Vazquez from Public Works reported that he reviewed all the bids that were submitted for this project and none of the bids included the sanitary sewer lateral work. Disability access along roads with minimum width and no sidewalks Fred Beckmann from Public Works reported reviewing the existing legislation and existing guidelines. The guidelines show that for new construction the City must follow all criteria required by ADA. In areas where we don't have a pedestrian pathway or sidewalks, there are no requirements to create sidewalks. The requirement is if the road is being resurfaced, then the road has to be resurfaced to the maximum width possible . Bayshore Neighborhood Water Main Replacements Fred Beckmann passed out paperwork displaying a chart that shows all water lines that are being replaced. All the water lines in Bayshore Central are being replaced with the exception of the 16" main line along Prairie Avenue. ClPOC Committee Meeting Minutes from October 18,2010 Page 3 of 3 REVIEW AND ACCEPTANCE OF MINUTES The following revisions were requested to the September 13, 201 0 Meeting Minutes: a) Saul Gross suggested that the referenced "Disability Police' be revised. Minutes will reflect disability coordinator. b) Eleanor Carney stated that she did not say ltem #2 under Review and Acceptance of Minutes in the September 13, 2010 minutes. The tape was reviewed and that item was said by Saul Gross. MOTION: Amend September Minutes MOVED: Stacy Kilroy Is', Christina Cuervo, Td PASSED: Unanimous 5. COMMISSION ITEM A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE ClTY CLERK TO EXECUTEUTILITY 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: ATT IN THE AMOUNT OF $63,720.00; ATLANTIC BROADBAND IN THE AMOUNT OF $35,734.00; AND GULF COAST REAL ESTATE CONSULTANTS, INC., (UTILITY CONTRACTOR FOR SPRINT) IN THE AMOUNT OF $1 9,955.64; WITH FUNDING AVAILABLE FROM PREVIOUSLY APPROPRIATED FUNDS IN THE ClTY CENTER RDA CAPITAL FUND 365. MOTION: Recommend to the Mayor and Cify Commission approval of Commission ltem MOVED: Stacy Kilroy Is', Christina Cuervo Pd PASSED: Unanimous Meeting was adjourned at 6:29pm ATTENDANCE REPORT FOR CIP OVERSIGHT COMMITTEE JANUARY THROUGH DECEMBER 2010 A: ABSENT P: PRESENT 1 2 3 4 5 6 7 8 4 NIA: NOT APPOINTED 1 * NOT SERVING LASTNAME Gross Agazim Camargo Carney Cuervo Karlton Kendle Kilroy Kraai Jan P P P NIA P P P P P FIRSTNAME Saul Erik Elizabeth Eleanor Christina Fred Rick Stacy Dwight & P A P P P P P P P P P P P P P A A P ADril P P P P P P P P P P P P P P P P A P Julv P A A P P A P P P QcJ P A A P P A A P P June A P P P P P P P P P P P P P P A P A Discipline Chair Developer Architect Engineer Citizen-at-Large Developer Engineer1 Citizen-&-Large Construction Engineer & P P P P P P P P P Dee AM1 BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov COMMITTEE MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: City Manager Jorge M. DATE: December 8, 201 0 SUBJECT: REPORT OF THE PROJECTS COMMITTEE MEETING OF November 3,2010. OLD BUSINESS 1. Discussion regarding an amendment to a resolution regarding assignment of a police officer to the Police Athletic League (PAL) ACTION The Committee asked that a list of goals and measurables for the PAL is submitted to the City Manager and is submitted via Letter to Commission (LTC). City Manager Jorge Gonzalez presented and gave a brief history of the item. Chief Carlos Noriega stated that the investigations that had been initiated have been closed out with no criminal charges. Chief Noriega then introduced Art Martineau, the new Executive Director of the Police Athletic League (PAL). Commissioner Jerry Libbin asked if the Committee would receive a memo regarding the changes that have been made. Discussion ensued. The Committee asked that a list of goals and measurables for the PAL is submitted to the City Manager and is submitted via Letter to Commission (LTC) . 2. Discussion regarding parity for future sidewalk cafe fee increases ACTION The Committee asked that this item be part of future budget discussions. City Manager Jorge Gonzalez presented the item. Chairperson Deede Weithorn recounted the discussion regarding this item from the October 14, 2010 Finance & Citywide Projects Committee Meeting. The Committee asked that this item be part of future budget discussions. NEW BUSINESS 3. Discussion regarding a proposed lease agreement with Syanna, LLC, involving approximately 2,216 square feet of City-Owned Property located Agenda Item CbB Date /a-g- 10 at 22 Washington Avenue, Miami Beach, Florida, for the purpose of accommodating an outdoor cafe associated with a restaurant operation located at 816 Commerce Street, which is directly adjacent to and west of the subject City property. ACTION The Committee approved the proposed lease, recommended that the lease be brought to the full Commission, and asked the Administration to meet with the South of Fifth Neighborhood Association (SOFNA) before the item is brought to the full Commission. Assistant City Manager Hilda Fernandez presented the item. The City has received an offer to lease a City-owned 2,216 square foot vacant parcel located at 22 Washington Avenue, which is adjacent and east of 816 Commerce Street, a privately owned two-story commercial building. The City-owned parcel is a remaining portion of an undeveloped platted lot which is the residual lot in connection with the expansion of Washington Avenue. Due to its limited size and shape, the property serves little more than to provide access to 816 Commerce Street. In 2006, the City Commission approved the lease agreement with Manpriya, Inc. for use of the site, and the lease was fully executed; however, the project was never developed. In 2009, the City Commission approved a lease agreement with Moon Thai South Beach, Inc, for use of the site as an out-door cafe. The financial lease terms approved were substantially the same as a previous lease agreement, with an initial base rent of $25 per square foot or 3% of sales. A list of operational conditions were recommended by the local neighborhood association and subsequently approved by the City Commission and incorporated into the lease. Syanna, LLC has entered into a 10-year lease at 816 Commerce Street in April 2010, to establish a high-end eclectic restaurant specializing in international cuisine. Syanna is investing approximately $800,000 to build out the interior space, which will only be able to accommodate 35 seats, and is proposing an additional $80,000 investment to landscape and improve the City-owned parcel to accommodate outdoor seating for an additional 46 people. The proposed initial lease term for use of the City parcel is five (5) years with one renewal option of four (4) years 364 days. The Administration recommended an eight (8) month rent abatement period upon commencement of the proposed lease term, which will allow the Tenant time to develop the site, start up its operations, and establish cash flow in order to start remitting rent. The Committee asked if Administration had discussed the proposed lease with the South of Fifth Neighborhood Association (SOFNA) to address any concerns. Ms. Fernandez stated that email had been sent to SOFNA regarding the proposed lease and the ensuing questions had been answered. Copies of various emails from SOFNA representatives were distributed, as well as staff responses to the emails. The majority of the questions had to do with operational issues; it was clarified that the same operational conditions previously approved following extensive input from the neighborhood were included in this lease. The Committee approved the proposed lease, recommended that the lease be brought to the full Commission, and asked the Administration to meet with the South of Fifth Neighborhood Association (SOFNA) before the item is brought to the full Commission. 4. Discussion regarding request from Mystery Parks Arts Company, Inc. for an amendment to its lease agreement ACTION The Committee approved the proposed lease amendment and recommended that the lease be brought to the full Commission. Assistant City Manager Hilda Fernandez presented the item. On May 31, 2009, the City Commission approved a letter agreement with SoBe Arts allowing it to utilize the Little Stage Theater to further its educational and programming needs, for an additional $372 per month in rent to offset its proportionate share of operating expenses. It should be noted that SoBe Arts assisted the City in identifying certain repairs and improvements that were necessary in order to make the space usable, and worked closely with the Property Management Division as those repairs and improvements were made. Since the repairs extended into its initial lease of the space, SoBe Arts couldn't use the space for approximately five months, but continued to remit the required rent during the period. SoBe Arts has requested a credit of rent paid for the Little Stage Theater during the renovation of the facility, which resulted in its inability to operate in the leased space during that time and generate the necessary revenue to cover their expenses. The Committee approved the proposed lease amendment and recommended that the lease amendment be brought to the full Commission. 5. Discussion regarding $94,000 - Sleepless Night ACTION The Committee asked that a status update on the 2011 Sleepless Night event be given at the January Finance & Citywide Projects Committee Meeting. Commissioner Jerry Libbin presented the item and gave a brief synopsis of the memo. Commissioner Libbin stated that he was concerned with the amount of money that the City Manager's Office may allocate without oversight from the Commission from the money allocated to the Greater Miami Convention and Visitors Bureau (GMCVB). Cultural Arts & Tourism Development Director Max Sklar clarified how funds are allocated. Commissioner Libbin asked that an update be given that outlines the 201 1 event to determine if the funding should be committed. The Committee asked that a status update on the 201 1 Sleepless Night event be given at the January Finance & Citywide Projects Committee Meeting. Chairperson Deede Weithorn opened the floor to public comment which showed support for the event and requests for continuation of the event and others like it. The Committee asked that a status update on the 201 1 Sleepless Night event be given at the January Finance & Citywide Projects Committee Meeting 6. Discussion regarding the Miami Beach Visitors and Convention Authority (VCA) FY 201 011 1 Budget ACTION The Committee asked that the MBVCA bring their suggestions for the use of the amounts in excess of their reserve level to the January Finance & Citywide Projects Committee Meeting. City Manager Jorge Gonzalez presented the item. The Committee discussed what the appropriate level of reserves that the Miami Beach Visitor and Convention Authority (MBVCA) should have and what to with the excess. Chairperson Deede Weithorn suggested that one year worth of revenue would be the appropriate level of reserves and that the MBVCA could use the amount in excess of the reserve to create a visitor's center and City store. Commissioner Jerry Libbin agreed with Chairperson Weithorn on the level of reserves and suggested that the MBVCA research and come back to a future Finance & Citywide Projects Committee Meeting to discuss their suggestions for use of the excess. Conversation ensued. Commissioner Ed Tobin was concerned about tasking the MBVCA with things that may stray from their core mission. The Committee asked that the MBVCA bring their suggestions for the use of the amounts in excess of their reserve level to the January Finance & Citywide Projects Committee Meeting. 7. Amend Ameresco agreement to include lighting improvements to three additional parking garages. ACTION The Committee asked staff to research companies who offer a model where the vendor would pay for the improvement. City Manager Jorge Gonzalez presented the item and stated the cost of the three additional parking garages, 7'h Street, 13'~ Street, and 42" Street, is under $300,000. Chief Financial Officer Patricia Walker stated that the cost for the 7th Street garage is approximately $95,000 but has a large number of private use agreements and because of the tax consequences recommended that it should be funded internally, possibly from the Parking Fund. Ms. Walker then stated that the cost for the 13th and 42" Street garages is approximately $200,000, which could be borrowed from Chase, who agreed to amend the loan, and the total energy savings would be approximately $312,000 over 10 years. Commissioner Libbin suggested that the City look for companies that offered a different model, where the vendor would pay for the improvement, the savings would begin right away, the City would receive a percentage of those savings, and after three years there is a one dollar buy out which the City could exercise. Discussion ensued. The Committee asked staff to research companies who offer a model where the vendor would pay for the improvement. MIAMI BEACH 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: December 8,201 0 SUBJECT: REPORT OF THE NOVEMBER LAND USE AND DEVELOPMENT COMMITTEE MEETING A meeting of the Land Use and Development Committee was held on November 22, 2010. Members in attendance were Commissioners Gongora, Tobin and Wolfson; Mayor Bower and Commissioner Libbin also attended. Members from the Administration and the public were also in attendance. Please see the attached sign-in sheet. The meeting was called to order at 4:30 pm. OLD BUSINESS: I. MUNICIPAL ORDINANCE REGULATING COMMERCIAL LOADING ZONES (ITEM R5L SEPTEMBER 15, 2010 CITY COMMISSION MEETING) AFTER-ACTION: Saul Frances introduced the item, explaining the initial reasons for the requested ordinance. Marlo Courtney of the Ocean Drive Association made comments related to the need for some ability for deliveries to be made to Ocean Drive businesses. The Committee discussed the matter further. Commissioner Gongora expressed the desire to add additional strength to existing ordinance. MOTION: Wolfson/G6ngora (vote 2-0) Move the proposal to the Transportation and Parking Committee, and then on to the full City Commission. NEW BUSINESS: 2. DISCUSSION REGARDING TEMPORARY STOREFRONT SIGNS (ITEM C6A, SEPTEMBER 20,2010 CITY COMMISSION MEETING) AFTER-ACTION: Jorge Gomez introduced the item and expressed the Administration's concerns regarding permitting general advertising in any form. Staff is also concerned about the number of proposed signs, the lack of any limitation on size, and the potential for only a single company to be permitted operate under the proposed ordinance. Commissioner Libbin showed photographs of vacant storefronts and indicated he considered this to be a major problem, and thought the proposed ordinance could help mitigate this. (It should be noted that the City Commission has been updated on the status of these properties via a separate LTC). Jorge Gomez explained that the City was working on a proposal for non- commercial graphics to be used as storefront window coverings, which could be permitted without sacrificing the City's prohibition on general advertising and billboards. Hilda Fernandez explained that she is working with the VCA on such a 1 Agenda Item C6 C I Date /!-ll-/O City Commission Memorandum Report of the Land Use & Development Committee Meeting of November 22,2010 Page 2 of 3 proposal. Gary Held explained the City Attorney's position that window coverings could be permitted if they were non-commercial. Ray Lee of Inwindow advertising introduced his company's concept. Nancy Liebman, Scott Needleman, and Arthur Marcus spoke against the proposed sign ordinance. Tammy Tibbles and Wanda Mouzon expressed support for the proposal. Jack Johnson, Charlie Erstad and Carla Probus spoke against the proposal. Freddy Balsera, on behalf of InWindow, expressed his reasoning behind the proposal. Richard Serafin, attorney for InWindow, explained the process that they had been going through over the past several months, and noted that the ordinance should be approved. Jane Gross and Adam Shedroff spoke against the ordinance. Commissioner Gongora discussed how to proceed with this issue, and Commissioner Libbin noted that the City needed to decide if they wanted commercial or non-commercial signs. Commissioner Wolfson expressed a preference for the non-commercial track. Commissioner Tobin stated that the City needed to come back with a fully developed non-commercial signage program otherwise he would be in favor of a commercial signage option. MOTION: WolfsonIGongora (vote 2-1, Tobin opposed) Return in two month with a fully developed proposal for non-commercial temporary storefront window signs. 3. DISCUSSION ON A STRICTER PANHANDLING ORDINANCE. (ITEM C4C, OCTOBER 27,2010 CITY COMMISSION MEETING) AFTER-ACTION: Hilda Fernandez introduced the item, and City Attorney Jose Smith also discussed the matter. The item was opened for public comment. Carla Probus made comments about her observations. Commissioner Tobin enquired if there had been any arrests made for panhandling activities.. Commissioner Gongora expressed his thoughts on the various areas of concern within the City. Mayor Bower enquired if the City's security guards could be empowered to enforce the ordinance. MOTION: TobinIGongora (vote 2-0) Return in one month with additional information on how the proposal should be further developed and structured. 4. DISCUSSION REGARDING THE PROPOSED FLAMINGO PARK SKATE PARK. AFTER-ACTION: The Committee took public testimony from Flamingo Park residents on their concerns about the proposed Flamingo Park skatepark. Tammy Tibbles spoke on the fact that this design would be a regional destination and not just a neighborhood skatepark, and would attract larger numbers of visitors, traffic and parking needs. Bruce Gidder expressed the belief that the skateboard park was incompatible with the handball courts. Ilona Wiss referenced concerns about traffic. Mayor Bower spoke about her concerns regarding the skatepark being such an City Commission Memorandum Report of the Land Use & Development Committee Meeting of November 22,2010 Page 3 of 3 intense use within the park. Commissioner Gongora also spoke about his concerns regarding this proposal. MOTION: Wolfsonlno second Motion to modify the Flamingo Park Master Plan to remove the skatepark. MOTION: WolfsonlTo bin (vote 3-0) Motion to reject this particular version of the proposed Flamingo Park skatepark. MOTION: G6ngoraNVolfson (vote 2-1, Tobin opposed) Motion to direct the Administration to explore finding an alternate location within the City for a skatepark other than Flamingo Park. T:\AGENDA\201O\Novernber 17\Consent\LUDC Meeting of October 25,2010.docx NAME LAND USE AND DEVELOPMENT COMMITTEE MEETING November 22,2010 @ 4:00 pm City Manager's Large Conference Room Attendance Sheet E-MAIL ADDRESS I WISH TO RECEIVE THE LINK TO THE ELECTRONIC AGENDA CONTACT NUMBERS LAND USE AND DEVELOPMENT COMMITTEE MEETING November 22,201 0 @ 4:00 pm City Manager's Large Conference Room THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the City Manager to apply for and accept one (1) grant. Key Intended Outcome Supported: Reduce the number of homeless Supporting Data: "The City's efforts to address homelessness" was a key driver for resident respondents in how they view the City as a place to live, view city government on meeting expectations and if they would recommend the City as a place to live; "A lot of homeless" was rated amongst the top five things that have a negative impact on the quality of life on Miami Beach; the number of homeless contacts in 2009 was 14,631 compared to 1,900 in 2003 -this indicates a 670% increase in the number of homeless contacts from 2003 to 2009; while the actual number of homeless on Miami Beach has changed from 314 in 2000 to 149 in 2010. Issue: .----- Shall the City support the following funding request and execute the related agreement? Item Summary/Recommendation: Approval to submit a grant application to the Emergency Food and Shelter Program for emergency assistance to persons in need; appropriating the above funds, and matching funds as necessary, if approved and accepted by the City, and authorizing the execution of all necessary documents related to these applications. Advisory Board Recommendation: NIA Financial In Source of funds ormation: Grant NamelProject Emergency Food and Shelter Program1 Emergency Assistance City Clerk's Office Legislative Tracking: Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement Grant Not To Exceed Amount AMI BEACH Match AmountlSource @ MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniamibeachfl.gov COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manag DATE: December8,2010 SUBJECT: A RESOLUTION OF THE MAY ND CITY COMMISSION APPROVING AND AUTHORIZING THE ClTY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR EMERGENCY FOOD AND SHELTER FUNDS IN AN AMOUNT NOT TO EXCEED $50,000 FOR EMERGENCY ASSISTANCE; APPROPRIATING THE ABOVE FUNDS, AND MATCHING FUNDS AS NECESSARY, IF APPROVED AND ACCEPTED BY THE CITY, AND AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THIS APPLICATION ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS 1. Approval to submit a grant application to the Emergencv Food and Shelter Program /EFSP) in an amount not to exceed $50,000 for emergency assistance The funds from the Emergency Food and Shelter Program are awarded from the Federal Emergency Management Agency (FEMA). The program is governed by a National Board. FEMA chairs the National Board and provides policy guidance, oversight, federal coordination and staff assistance to the National Board regarding this program. Local boards are convened in the qualifying jurisdictions to determine the highest need and best use of funds and to select Local Recipient Organizations to receive funding and provide emergency food and shelter services. Each year needs are assessed in an effort to adapt to particular community needs. The EFSP was created to supplement the work of local social service agencies, both non- profit and governmental, in assisting people in need of emergency assistance. The funding should be used to target special emergency needs. These needs are primarily economic in nature, as opposed to disaster related. The program's funding priority is to provide rentlmortgage assistance and food to those in need. The City has previously received EFSP funding, and this year the Administration proposes to submit an application for funds for the following assistance: 1) provision of rentlmortgage assistance to individuals and families at-risk of homelessness; 2) provision of hotellmotel placements to homeless individuals and families, when conventional emergency shelter beds are unsuitable; 3) provision of food vouchers; and 4) utilities assistance. Commission Memorandum Page 2 This request is for Phase 29 funding which is from January 1,201 1 to December 31,201 1. Matching funds are not required for this grant. This project supports the key intended outcome: reduce the number of homeless. CONCLUSION The Administration requests approval to authorize the City Manager or his designee to submit an application to the Federal Emergency Management Agency for funding in an amount not to exceed $50,000 for emergency assistance to persons in need; appropriating the above funds, and matching funds as necessary, if approved and accepted by the City and authorizing the execution of all necessary documents related to these applications. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR EMERGENCY FOOD AND SHELTER FUNDS IN AN AMOUNT NOT TO EXCEED $50,000 FOR EMERGENCY ASSISTANCE; APPROPRIATING THE ABOVE FUNDS, AND MATCHING FUNDS AS NECESSARY, IF APPROVED AND ACCEPTED BY THE CITY, AND AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THIS APPLICATION WHEREAS, the funds from the Emergency Food and Shelter Program are awarded from the Federal Emergency Management Agency (FEMA) and the program is governed by a National Board; and WHEREAS, FEMA chairs the National Board and provides policy guidance, oversight, federal coordination and staff assistance to the National Board regarding this program, and local boards are convened in the qualifying jurisdictions to determine the highest need and best use of funds and to select Local Recipient Organizations to receive funding and provide emergency food and shelter services; and WHEREAS, the EFSP was created to supplement the work of local social service agencies, both non-profit and governmental, in assisting people in need of emergency assistance and the funding is used to target special emergency needs that are primarily economic in nature, as opposed to disaster related; and WHEREAS, the program's funding priority is to provide renumortgage assistance and food to those in need and the Administration proposes to submit an application for funds for the following assistance: 1) provision of renumortgage assistance to individuals and families at-risk of homelessness; 2) provision of hotellmotel placements to homeless individuals and families, when conventional emergency shelter beds are unsuitable; 3) provision of food vouchers; and 4) utilities assistance; and WHEREAS, this request is for Phase 29 funding which is from January 1, 201 1 to December 31, 201 1 and matching funds are not required for this grant; and WHEREAS, this project supports the key intended outcome: reduce the number of homeless; and WHEREAS, approval is requested to submit a grant application to the Emergency Food and Shelter Program (EFSP) in an amount not to exceed $50,000 for emergency assistance. NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH hereby approve and authorize the City Manager or his designee to submit an application to the Federal Emergency Management Agency for funding in an amount not to exceed $50,000 for emergency assistance to persons in need; appropriating the above funds, and matching funds as necessary, if approved and accepted by the City and authorizing the execution of all necessary documents related to these applications. PASSED and ADOPTED this day of ,2010 ATTEST: MAYOR CITY CLERK APPROVED AS TO FORM & LANGUAGE & fV8 EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals Pursuant To Request for Proposals (RFP) No. 39-091010, For The Acquisition Of An Automated Vehicle Locator (AVL) System; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Proposer, Radii Satellite Integrators, Inc; And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposers, Authorizing Negotiations With The Second-Ranked Proposer, GeoDecisions; Further Authorking The MayorAnd City Clerk To Execute An Agreement Upon The Conclusion Of Successful Negotiations By The Administration In The Estimated Annual Amount Of $52,645 For The Purchase And Installation Of 110 Vehicle Devices, And Authorizing The Purchase Of Additional Vehicle Devices On An "As Needed" Basis Subject To Funding Appropriation, And Provided Further, That In The Event The Ci Administration Cannot Negotiate An Agreement With Radio Satellite Integrators, Inc Or GeoDecison, Then Authorizing The Ci Manager To Reject All Proposals Pursuant To This RFP. Key Intended Outcome Supported: Increase Community Satisfaction with Ci Government Supporting Data (Surveys, Environmental Scan, etc.): NIA -----. I Shall the Mayor and the City Commission Accept The Resolution? i On June 9,201 0, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 39-09/10, for the acquisition of an Automated Vehicle Locator (AVL) System. RFP No. 39-09/10 was issued on June 14,2010, with an original opening date of July 13,2010. Two (2) addendurns were issued which changed the opening dateto July23,2010. A preproposal conference to provide information to the consultants submitting a response was held on June 24,2010.BidNet issued bid notices to 79 prospective proposers, BidSync (formerly known as RFP Depot) issued bid notices to 27 prospective proposers, and 57 proposers were notified via e-mail and fax circulation, which resulted in the receipt of ten (10) proposals. On September 15, the City Manager via Letter to Commission (LTC) No. 244-2010, appointed an Evaluation Committee ("the Committeen). The Committee convened on September 28,2010, October 25, 2010, and November 3,2010. A motion was presented by Robert Jenkins, seconded by Michelle Thomas, and unanimously approved by all Committee members recommending entering into negotiation with the top ranked proposer, Ratio Satellite Integrators, Inc. and should the Administration not be successful in negotiating an Agreement with the top-ranked proposers, authorize negotiations with the second-ranked proposer, GeoDecisions. The City is acquiring a tum-key solution to initially track approximately 110 vehicles. It is the intent of the Ci to budget for and purchase additional units and extend the AVL service for other City vehicles including those operated by Public Works, Sanitation, Police and Fire during the term of this contract. THE ADMINISTRATION RECOMMENDS ACCEPTING THE RESOLUTION I Advisorv Board Recommendation: II Transparencv Reliability Accountabilitv Committee (TRAC) The Watson Rice Report completed in December 2008 and adopted by the Transparency Reliability Accountability Committee I included the use of additional technology, such as a vehicle location system as a way improve accountability and efficiency in the Building De~artITIent. I -. IT Steerinn Committee March 15.2010: This subject was discussed at the March 201 0 IT Steering Committee meeting and it was recommended that an RFP be issued. ( The Building and Parking Departments will initiate the acquisition of the AVL system and potentially expand it to other City 1 I Departments. I Financial Information: I Source of Funds: I I Amount I Account I Approved 1 I I I I Financial Impact Summary: I I - I City Clerk's Office Legislative Tracking: I Gus Looez. extension 6641 I MIAMIBEACH Sign-Offs: Department Director GL KT City Manager JMG T:\AGENDA\2010\December 8\Consent\RFP-39-09-10 AVL System Summary.doc / l' MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manag December 8,2010 A RESOLUTION OF THE M COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ClTY MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO REQUEST FOR PROPOSALS (RFP) N0.39-09/10, FOR THE ACQUISITION OF AN AUTOMATED VEHICLE LOCATOR (AVL) SYSTEM; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WlTH THE TOP-RANKED PROPOSER, RADIO SATELLITE INTEGRATORS; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WlTH THE TOP- RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WlTH THE SECOND-RANKED PROPOSER, GEODECISIONS; FURTHER AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION IN THE ESTIMATED ANNUAL AMOUNT OF $52,645 FOR THE PURCHASE AND INSTALLATION OF 110 VEHICLE DEVICES, AND AUTHORIZING THE PURCHASE OF ADDITIONAL VEHICLE DEVICES ON AN "AS NEEDED" BASIS SUBJECT TO FUNDING APPROPRIATION; PROVIDED FURTHER, THAT IN THE EVENT THE ClTY ADMINISTRATION CANNOT NEGOTIATE AN AGREEMENT WlTH RADIO SATELLITE INTEGRATORS, INC., OR GEODECISONS, THEN AUTHORIZING THE ClTY MANAGER TO REJECT ALL PROPOSALS PURSUANT TO THIS RFP. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funds in the amount of $52,645 are available from the FY 201 011 1 Budget as follows: BTC Building Tech Capital Project Account No 601-7000-229253 Information and Communications Technology Fund 552 Parking Off Street Machinery and Equipment Account No. 480-0463-000674: TOTAL Commission Memorandum - RFP#39-09-10 Acquisition of an Automated Vehicle Locator (AVL) System December 8,201 0 Page 2 KEY INTENDED OUTCOME SUPPORTED lncrease Community Satisfaction with City Government. ANALYSIS The purpose of this Request for Proposals (RFP) was to select a qualified firm to provide an Automated Vehicle Locator (AVL) System to the City of Miami Beach. Building Inspectors, Code Compliance Officers and Parking personnel are in the field 75% of the time and it will be prudent to have web based technology to more closely monitor the staff's field activity to improve safety and accountability. Transparency Reliability Accountability Committee (TRACL The Watson Rice Report completed in December 2008 and adopted by the Transparency Reliability Accountability Committee included the use of additional technology, such as a vehicle location system, as a way improve accountability and efficiency in the Building Department. IT Steerina Committee March 15,2010 The AVL System was discussed at the March 2010 IT Steering Committee meeting and it was recommended that an RFP be issued. The Building and Parking Departments will initiate the acquisition of the AVL system and potentially expand it to other City Departments. RFP PROCESS On June 9, 2010, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 39-09/10, for the acquisition of an Automated Vehicle Locator (AVL) System. The City of Miami Beach requested proposals from qualified firms for an Automated Vehicle Locator (AVL) system for the purpose of tracking vehicle location, automatic vehicle alert monitoring and customizable reporting with real time data communication. The purpose of tracking the vehicles is to: - lncrease Community satisfaction with City government - lncrease safety of drivers and passengers - lncrease accountability of City staff - lmprove operational efficiency - lmprove dispatching of appropriate resources RFP No. 39-09/10 was issued on June 14, 2010, with an original opening date of July 13, 2010. Two (2) addendums were issued which changed the opening date to July 23, 2010. A pre-proposal conference to provide information to the proposers submitting a response was held on June 24,2010. Commission Memorandum - RFP#39-09-10 Acquisition of an Automated Vehicle Locator (AVL) System December 8,201 0 Page 3 BidNet issued bid notices to 79 prospective proposers, BidSync (formerly known as RFP Depot) issued bid notices to 27 prospective proposers, and 57 proposers were notified via e- mail and fax circulation, which resulted in the receipt of the following ten (10) proposals: 1. The GPS Tracking Network, Inc 2. BSM Wireless, Inc 3. MOGO 4. Skypatrol, LLC 5. GeoDecision (Gannett Fleming, Inc) 6. Networkfleet, Inc 7. Veracity Wireless, Inc d/b/a Fieldlogix (formerly Field Technologies) 8. GPS Insight, LLC 9. Location Technologies, Inc 10. Radio Satellite Integrators On August 20, 2010, the Procurement Office received an e-mail from MOGO stating that at that moment, MOGO declined to be part of the RFP process due to time constraints and the fact that their supplier was already in the RFP process and they did not want to cause conflict with them. Therefore, nine (9) proposals were presented to the Evaluation Committee members for further review. On September 15, the City Manager via Letter to Commission (LTC) No. 244-2010, appointed an Evaluation Committee ("the Committeen) consisting of the following individuals: Andrea Agha, Administrative Service Manager, Building Department Robert Jenkins, Parking Operations Manager Bert Dorrestyn, GIs Manager, Public Works George Fisher, Fleet Analyst, Fleet Management Division Josephine Pampanas, Resident and Transportation & Parking Committee member Jason Witrock, Resident and Leadership Academy Graduate Michelle Thomas, Resident and Leadership Academy Graduate The Fleet Management Division's Office Associate V, Joyce Dickerson and the Building Department's Records Manager, Victor Armendariz, served as support personnel to the Evaluation Committee. On September 28,2010, the Committee convened and a quorum was attained. Resident and Leadership Academy Graduate Jason Witrock was unable to participate. The Committee members were provided with Performance Evaluation Surveys and additional information provided by the responsive proposers. The following Evaluation Criteria was used to evaluate and rank the proposers: I. System Cost to include Maintenance and Support Cost. 2. System Functionality (Real time monitoring capabilities and ability to expansion as needs change) 3. Easy use of the Web Based System Administration, Monitoring, Mapping and Reporting System 40 Points 30 Points 5 Points Commission Memorandum - RFP#39-09-10 Acquisition of an Automated Vehicle Locator (AVL) System December 8,2010 Page 4 4. Qualification of the firm to perform the project based on past experience, qualification, and references 5. Methodology and approach 15 Points 10 Points The Committee discussed their individual perceptions of the proposer's qualifications, experience, price, and competence, and ranked the proposers accordingly. The Committee recommended inviting the two (2) top ranked proposers for presentations: 1) Radio Satellite Integrators, Inc and 2) GeoDecisions. In addition, the Committee made the following requests: 1. The installation of several AVL devices on City cars to monitor the proposed systems. 2. Administrator user access to both systems in order to test the reporting capabilities of the proposed systems. On October 19, 2010, GeoDecisons installed four (4) devices under the supervision of the City's Fleet Management Division. The AVL devices were installed on one (1) 2007 435 Sweeper with lsuzu engine, one (1) 2007 Toyota Prius - Hybrid, and two (2) 2003 Chevrolet Cavaliers. In addition, administrator user access to GeoDecision's system was provided to Joyce Dickerson (Fleet), Andrea Agha (Building), Robert Jenkins (Parking), Victor Arrnendariz (Building), and Bert Dorrestyn (Public Works-GIs). On October 20, 2010, Radio Satellite Integrators installed four (4) devices under the supervision of the City's Fleet Management Division. The AVL devices were installed on one (1) 2007 435 Sweeper with lsuzu engine, one (I) 2007 Toyota Prius - Hybrid, and two (2) 2007 Ford Focus cars. Commission Memorandum - RFP#39-09-10 Acquisition of an Automated Vehicle Locator (AVL) System December 8,2010 Page 5 Additionally, administrator user access to Radio Satellite Integrators' system was provided to Joyce Dickerson (Fleet), Andrea Agha (Building), Robert Jenkins (Parking), Victor Armendariz (Building), and Bert Dorrestyn (Public Works-GIs). On October 25, 2010, the Committee convened and a quorum was attained. Resident and Leadership Academy Graduate, Jason Witrock, and Administrative Services Manager, Andrea Agha, were unable to participate. It was decided that Victor Armendariz would replace Andrea Agha on the Committee and attended the meeting. During the aforementioned meeting, the Committee listened to presentations from both short listed proposers and further discussed the proposer's qualifications, experience, price, and competence. Additionally, the Committee listened to feedback offered by some of the individuals provided with the user access to both proposers' sites. The Committee decided not to score the proposers and make the final recommendation at this time due to the following: 1. Some of the individuals provided with user access to the proposer's sites stated during the meeting that they did not have sufficient time to equally test both sites and requested additional time. The testing of proposer's sites was extended until November 3,2010, the next scheduled meeting for this Committee. 2. The Committee raised some IT related issues and requested IT personnel be present at its next meeting. Bob Biles, from IT, was invited to attend the November 3,2010 Committee meeting. 3. The Committee requested that a webinar be provided by both short listed proposers to ensure proper training on the capabilities and features of each system. On October 27, 2010, each proposer was scheduled with a duly noticed one (1) hour training session for the individuals with user access. On November 3,2010, the Committee convened and a quorum was attained. The Committee heard from all individuals with user access to the proposer's sites. In addition, the Committee had the opportunity to ask the pertinent questions of the IT personnel present (Bob Biles) at the meeting. The Committee further discussed the proposer's qualifications, experience, price, and competence and scored the short listed proposers accordingly. Commission Memorandum - RFP#39-09-10 Acquisition of an Automated Vehicle Locator (AVL) System December 8,201 0 Page 6 A motion was presented by Robert Jenkins, seconded by Michelle Thomas, and unanimously approved by all Committee members recommending the City entering into negotiation with the top ranked proposer, Ratio Satellite Integrators, Inc. and should the Administration not be successful in negotiating an Agreement with the top-ranked proposers, authorize negotiations with the second-ranked proposer, GeoDecisions. The individuals with user access to both proposer's sites highlighted the following in regards to Radio Satellite Integrators, Inc: The AVL system can adjust playback speed. The bread crumb trail which reflects the car's movement is shown on playback. Maps pan automatically. The AVL system has an excellent management module. Radio Satellite Integrators, Inc has an impressive client list of public entities. Radio Satellite Integrators, Inc has a Miami Dade County Contract in place serving approximately 1,300 units and possibly expanding this number. Radio Satellite Integrators, Inc provided a smooth installation of the requested devices under the Fleet Management Division's supervision. An average of 46 to 60 minutes was dedicated to each car's installation. Radio Satellite Integrators, Inc provided a useful one (1) hour training session. Although not requested by the RFP, during the installation of the devices, Radio Satellite Integrators, Inc. was asked to adapt the sensor capabilities to the device being installed on the sweeper in order to test if the device would capture the movement up and down of the brushes. Radio Satellite Integrators, Inc willingly adapted the sensors without hesitation and further modified the report to reflect this new feature. In addition, the Committee recommended including the following as negotiation points: The requirement for Radio Satellite Integrators, Inc to upgrade their Web Based Administration, Monitoring, Mapping and Reporting System an ArcGlS Server Application using the ArcGlS Silverlight API by April 201 1. After negotiations are concluded with Radio Satellite Integrators, Inc, compare their price pursuant to this RFP with the price provided by Radio Satellite under Miami Dade County Contract EPP-RFP8299 and act accordingly. Radio Satellite Integrators, Inc. is implementing a large countywide AVL system for several departments and agencies in Miami-Dade County, including Public Works, Building Inspectors, Neighborhood Compliance, Solid Waste, Fire, Consumer Services, Water, and Community Action. Miami-Dade County has already installed over 1,000 devices. SITE VISIT TO MIAMI-DADE COUNTY On November 23, 2010, a site visit to Miami-Dade County Solid Waste Management Department located at 2525 NW 62 St, Miami, FL 33147, was scheduled. The following City employees attended the site visit: Patricia D. Walker, CFO, Finance Department Commission Memorandum - RFP#39-09-10 Acquisition of an Automated Vehicle Locator (AVL) System December 8,2010 Page 7 Joyce Dickerson, Office Associates, Fleet Management Division Robert Jenkins, Parking Operations Manager, Parking Department Bert Dorrestyn, GIs Manager, Public Works Department George Fisher, Fleet Analyst, Fleet Management Division Victor Armendariz, Records Manager, Building Department Nelson Martinez, System Support, IT Department Since April, 2010, Miami-Dade County Solid Waste Management has acquired 495 units from Radio Satellite Integrators, Inc. and plans to install 122 additional units during the current fiscal year. The Division Fleet Management Director at Miami-Dade County Solid Waste Management, Daniel Diaz, stated that they were very happy with the responsiveness, involvement, and overall performance of Radio Satellite Integrators, Inc's staff and local installers. Miami-Dade County Solid Waste Management recognizes that the acquisition of the AVL system has enabled them to improve the services provided to their constituents because they have greater tools to track service delivery time and efficiency, and address complaints in a faster manner. In addition, the AVL system has provided employee honesty, safety, and management responsibility and accountability. RADIO SATELLITE INTEGRATORS, INC Radio Satellite Integrators, Inc (RSI) has provided AVL and mobile data system since 1990. RSI has implemented more than 200 AVL systems in several thousand vehicles and has AVL systems in place with Miami-Dade County, City of Tampa Fire Rescue, City of Phoenix, City of Jacksonville, Richland County, Hillsborough County Fire Rescue, Duval County Public Schools, St. Lucie County Fire Rescue, City of Fresno, Boston Water and Sewer Commission, Hawaii County Mass Transit, Baltimore City Public Schools, City of Austin, Consolidated Utility District, Horry County, CEMIG, Dallas Area Rapid Transit, Erie County Water Authority, Town of Mansfield Public Works, Louisville Gas and Electric Company, Microsoft Corporation, Yale University Transportation, City of Cleveland Fire Department & EMS, City of Torrance Fire Department, City of Jersey City Fire Department, Sacramento Regional Transit District, Whatmm Transportation Authority, and the City of Long Beach. The RSI AVL system will establish a wireless gateway between the City's vehicle fleet and base dispatch. The RSI AVL system will provide real-time vehicle location and status data on a customized ESRl ArcGlS Server based map interface. An RSI Mobile unit will provide location and status data for the system as well as serve as the wireless link between vehicle and base. The mobile GPS device can be equipped with serial ports and sensors to integrate to virtually any devices and external status signals, such as ignition, onloff, door openlshut, lights, arm, MDT, alarms, etc. The Base Application will be implemented as a Web browser based system hosted by RSI. Users interact with the system through customized ESRl ArcGIS mapping tools as well as customized AVL viewing and reporting functions. RSI AVL system can use any type of public data network (cellular) including: AT&T GPRS, GSM, EV-DO, Nextel, iDEN, CDMA, and many others. Using the highly versatile V-Track mobile unit, RSI also has the capability to use various types of two-way radio (VHFIUHF, Commission Memorandum - RFP#39-09-10 Acquisition of an Automated Vehicle Locator (AVL) System December 8,2010 Page 8 800MHz1900MHzl etc) as well as virtually every field hybrid solutions. The RSI AVL Application displays the vehicle data in a "map window". The map window can be set to display a particular area, route, stop, or address, or to track a specific sub-set of the entire fleet. The map window possesses a full set of map manipulation and query functionality. Query capabilities are virtual unlimited. The RSI AVL system allows the user to set geo-fences on the map display. This geo-fence will create an alert andlor exception report when breached and will appear as another item of status data with each vehicle position report. Geo-fences can be created as polygons or a configurable radius from a specific point, as well a created from existing boundaries, landmarks or zones within the City's GIs. Additional Ca~abilities Radio Satellite Integrators, Inc's Web Application is compatible with any computing device running Microsoft Internet Explorer 7 or higher, which in effect makes the RSI application accessible from virtually any laptop, tablet PC, computer or internet terminal. RSI is currently working on making their Web application compatible with the Windows Mobile Web browser which tentatively should be rolling out next year. There are also optional processes to make the application accessible through iPhone and iPad devices which are also currently a possibility on the product road map but this option would come at an additional expense. GEODECISIONS GeoDecisions, a division of Gannet Fleming, Inc, was formed in 1986 and has been providing geographic information system (GIs) and IT support to all of Gannet Fleming's divisions and entities since 1992. As a full service resource and technology company, GeoDecisions develops innovative solutions based on the enterprise-wide integration of GIs technologies. GeoDecisions is IS0 9001 :2008 certified. GeoDecisions is comprised of more than 180 programmers, database specialists, analysts, and technicians. GeoDecisionYs strength within the global positioning system (GPSIAVL) industry is in its ability to take the best of ESRl core mapping and map tool optimization and combine it with extensive integration to a very broad range of tracking hardware. GeoDecisions supplies tracking, mapping, and intelligent management of assets for federal government, commercial, and private industry: Department of Defense (DoD), United States Army, Federal Emergency Management Agency, (FEMA), Basic Energy Services, Inc, Comtech Mobile Datacom Corporation, ECi Solutions, and Bahwan CyberTekLLC. GeoDecisions proposes the GeolLS, a web-based global positioning vehicle tracing system that allows multiple, simultaneous users to track, view, and report on the real-time speed, location, travel, direction of hundreds of vehicles based on device information that is updated at programmable intervals. The Tracking viewer is built on ESRlls ArcGlS Server and Microsoft Silverlight, and presents a simple interface to view maps displaying current locations of vehicles, vehicle's speed, direction, status, distance traveled, etc. This information is archived daily and users will be able to search and retrieve historic information for a time period specified by the City. GeolLS provides users with 24171365 secured access. The application supplies uses with robust mapping, routing, reporting, query, Commission Memorandum - RFP#39-09-10 Acquisition of an Automated Vehicle Locator (AVL) System December 8,201 0 Page 9 analysis, and alerting utilities intended to aid them in monitoring vehicle movements and identifying fleet problems. GeolLS' AVL Unit Administration module provides users with the ability to add new tracking units, edit, delete, and maintain existing information for tracking devices and vehicles. This would allow the City to manage the application without the aid of GeoDecisions. Additional Capabilities GeoDecisions' web application currently runs on anything Windows IE 6.0 and higher in terms of web access. They have a Blackberry application that will be ready before the end of the year and their I-Phone API is scheduled to be released for Q1,2011. NEGOTIATIONS The City of Miami Beach envisions an AVL System turn-key solution which includes: GPS based location and communication devices for use in transportation vehicles. Real-Time Communication System from the vehicle devices to the tracking server. Web Based solution to administer the system, view maps with the vehicle locations and create reports. Automatic monthly standard reports of vehicle locations summary and events. Storage of data in a secure environment with minimum retention of 62 days after the end of the reporting month. The City is acquiring a turn-key solution to initially track approximately 110 vehicles. It is the intent of the City to budget for and purchase additional units and extend the AVL service for other City vehicles including those operated by Public Works, Sanitation, Police and Fire during the term of this contract. The final price, terms, and conditions will be negotiated with the top-ranked proposer, after the City Commission authorizes the Administration to enter into negotiations. The contract shall be for a five (5) year term, with two (2) two-year renewal options at the City's option. Since Radio Satellite Integrators, Inc. the top-ranked proposer, also has been awarded a Miami-Dade County Contract, the results of the Administration's negotiations will be compared with the County Contract and if it is in the City's best economic interest, the City Manager will exercise his "piggybacking" authority to utilize the County Contract and all proposals will be rejected. If negotiations with Radio Satellite, Inc are unsuccessful, the Administration will engage in negotiations with the second-ranked proposer, GeoDecisions. SAVINGS The public procurement process, which is an open and competitive, transparent process, has again served the City to provide the lowest and best proposer for this RFP, as it has in the past, with a proposed project cost which is approximately $39,665 lower than the $92,310 estimated initial budget presented to the IT Steering Committee. It should be noted that these savings could potentially be increased during the negotiation process. Commission Memorandum - RFP#39-09-10 Acquisition of an Automated Vehicle Locator (AVL) System December 8,2010 Page 10 CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of proposals pursuant to Request for Proposals (RFP) No. 39-09/010, for the acquisition of an automated vehicle locator (AVL) system; authorize the Administration to enter into negotiations with the top-ranked proposer, Radio Satellite Integrators, Inc; and should the Administration not be successful in negotiating an Agreement with the top-ranked proposers, authorize negotiations with the second-ranked proposer, GeoDecisions; further authorize the Mayor and City Clerk to execute an agreement upon the conclusion of successful negotiatins by the Administration in the estimated annual amount of $ 52,645 for the purchase and installation of 110 vehicle devices, and authorize the purchase of additional vehicle devices on an "as needed" basis subject to funding appropriation; provided further, that in the event the City Administration cannot negotiate an agreement with Radio Satellite Integrators, Inc or GeorDecison, then authorizing the City Manager to reject all proposals pursuant to this RFP. T:\AGENDA\201 O\December 8\Consent\RFP-39-09-10 AVL System Memo.doc RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ClTY MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 39-09/10, FOR THE ACQUISITION OF AN AUTOMATED VEHICLE LOCATOR (AVL) SYSTEM; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WlTH THE TOP- RANKED PROPOSER, RADIO SATELLITE INTEGRATORS; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WlTH THE SECOND-RANKED PROPOSER, GEODECISIONS; FURTHER AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION IN THE ESTIMATED ANNUAL AMOUNT OF $52,645 FOR THE PURCHASE AND INSTALLATION OF 110 VEHICLE DEVICES, AND AUTHORIZING THE PURCHASE OF ADDITIONAL VEHICLE DEVICES ON AN "AS NEEDED" BASIS SUBJECT TO FUNDING APPROPRIATION; PROVIDED FURTHER, THAT IN THE EVENT THE ClTY ADMINISTRATION CANNOT NEGOTIATE AN AGREEMENT WlTH RADIO SATELLITE INTEGRATORS, INC OR GEODECISONS, THEN AUTHORIZING THE ClTY MANAGER TO REJECT ALL PROPOSALS PURSUANT TO THIS RFP. WHEREAS, on June 9, 2010, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 39-09/10, for the acquisition of an Automated Vehicle Locator (AVL) System ("the RFP"); and WHEREAS, the RFP was issued on June 14, 2010, with an original opening date of July 13,2010; however, two (2) addcndums were issued which changed the opening date to July 23, 201 0; and WHEREAS, a pre-proposal conference to provide information to the proposers submitting a response was held on June 24,2010; and WHEREAS, E3idNet issued bid notices to 79 prospective proposers, BidSync (formerly known as RFP Depot) issued bid notices to 27 prospective proposers, and 57 proposers were notified via e-mail and fax circulation, which resulted in the receipt of ten (10) proposals; and WkIEREAS, on September 15, the City Manager via Letter to Commission (LTC) No. 244-201 0, appointed an Evaluation Committee ("the Committee") consisting of the following individuals: Andrea Agha, Administrative Service Manager, Building Department; 0 Robert Jenkins, Parking Operations Manager; Bert Dorrestyn, GIs Manager, Public Works; 0 George Fisher, Fleet Analyst, Fleet Management Division; Josephine Pampanas, Resident and Transportation & Parking Committee member; Jason Witrock, Resident and Leadership Academy Graduate; Michelle Thomas, Resident and Leadership Academy Graduate; and WHEREAS, on September 28, 2010, the Committee convened and was provided with general information on the scope of services, Performance Evaluation Surveys, and additional pertinent information from all responsive proposers; and WHEREAS, the Committee recommended inviting the two (2) proposers to made presentations: Radio Satellite Integrators, Inc. and GeoDecisions; and WHEREAS, on October 25, 2010, the Committee listened to presentations from both proposers, discussed the proposer's qualifications, experience, price, and competence; and WHEREAS, on November 3, 2010, the Committee convened and following deliberations, recommended entering into negotiation with the top ranked proposer, Ratio Satellite Integrators, Inc. and should the Administration not be successful in negotiating an Agreement with the top-ranked proposers, authorize negotiations with the second-ranked proposer, Geodecisions; and WHEREAS, funds in the amount of $ 52,645 are available from the FY 20010/11 Budget as follows: BTC Building Tech Capital Project Account No 601-7000-229253 ($13,808.83), Information and Communications Technology Fund 552 ($12,513.67), and Parking Off Street Machinery and Equipment Account No. 480-0463-000674($26,322.50); and WhEWEAS, the City Manager has reviewed and concurs with the Evaluation Committee's recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY COMMlSSilCBN OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request for Request (RFP) No. 39-0910'10, for the acquisition of an automated vehicle locator (AVL) system; Authorize the Administration to enter into negotiations with the top-ranked proposer, Radio Sarellite Integrators, Inc; and should the Administration not be successful in negotiating an Agreement with the top-ranked proposers, authorize negotiations with the second-ranked proposer, Geodecisions; further authorizing the Mayor and City Clerk to execute an agreement upon the conclusion of successful negotiations by the Administration in the eslirnated annual amount of $ 52,645 for the purchase and installation of 110 vehicle devices, and authorizing the purchase of additional vehicle devices on an "as needed" basis subject to funding appropriation, provided further, that in the event the City Administration cannot negotiate an agreement with Radio Satellite Integrators, Inc or GeoDecisions, then authorizing the City Manager to reject all proposals pursuant to this RFP. PASSED AND ADOPTED THIS DAY OF 2010. ATTEST: CIN c L~XK MAYOR APPROVED AS TO FORM & LANGUAGE T:\AGENDA\ROIO\Dscember WConsent\RFP 39-09-10 - AVL System - RES THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, setting of a public hearing for the Granting of Certificates of Appropriateness for the demolition of the Robert C. Haas Handball Courts and for the demolition of a facility known as "Friendship Corner", pursuant to Miami Beach City Code - Land Development Regulation Section 118-564 (f) (4). Both facilities are located at Flamingo Park, 1200 Meridian Avenue. Key Intended Outcome Supported: I To ensure well designed quality Capital Projects I Issue: Should the City Commission set the public hearing for the granting of Certificates of Appropriateness for demolition of the Robert C. Haas Handball Courts and for demolition of a facility known as "Friendship , Corner", located at 1200 Meridian Avenue? Item SummarylRecommendation: I The Robert C. Haas Handball Court facility and Friendship Corner facility, located at 1200 Meridian Avenue, were constructed within the boundaries of the Flamingo Park (Park). The handball court facility is approximately 1,888 SF, and the Friendship Corner facility is approximately 2,202 SF. Both facilities are comprised of a single-story structure. Due to their deteriorated condition, the Parks and Recreation Department have not programmed the facilities for use. The request for a recommendation to the City Commission for a Certificate of Appropriateness for Demolition of the Robert C. Haas Handball Courts and the Friendship Corner facilities was presented to the Historic Preservation Board (HPB), by CIP staff during the November 9, 2010 meeting. The HPB supported the recommendation for demolition independent of obtaining a permit for any replacement structure, however, the Board requested that Staff submit the proposed landscape plan to buffer the potential skate park at the January 1 1, 201 1 HPB meeting for approval. The City will also retain for the use of the handball facility patrons, four (4) existing exterior courts, and four (4) interior courts until the new exterior handball courts are constructed. A request for a Job Order Contracting (JOC) cost proposal for this Work has been issued. Advisory Board Recommendation: I The Historic Preservation Board reviewed and approved this item at its meeting of November 9,2010. Financial Information: Financial Impact Summary: I Source of Funds: I. OBPl City Clerk's Office Legislative Tracking: I Matilde E. Reyes, CIP Office T:WGENDA\2010\December 8\ConsenAFLAMINGO PARK - ROBERT C. HAAS COURTS & FRIEND SUMMARY.doc Approved NIA Account NIA 1 2 3 Total Amount NIA MIAMI BEACH 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 rm DATE: December 8,201 0 uC/ SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH, SETTING OF A PUBLIC HEARING FOR THE GRANTING OF CERTIFICATES OF APPROPRIATENESS FOR THE DEMOLITION OF THE ROBERT C. HAAS HANDBALL COURTS AND FOR THE DEMOLITION OF A FACILITY KNOWN AS "FRIENDSHIP CORNER" PURSUANT TO THE MIAMI BEACH ClTY CODE - LAND DEVELOPMENT REGULATION SECTION 118-564 (F) (4). BOTH FACILITIES ARE LOCATED AT FLAMINGO PARK, 1200 MERIDIAN AVENUE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission set a public hearing for the January 19,201 1 meeting. ANALYSIS The Robert C. Haas Handball Court facility and Friendship Corner facility, located at 1200 Meridian Avenue, were constructed within the boundaries of the Flamingo Park (Park). The handball court facility is approximately 1,888 SF, and the Friendship Corner facility is approximately 2,202 SF. Both facilities are comprised of a single-story structure. Due to their deteriorated condition, the Parks and Recreation Department have not programmed the facilities for use. On December 6, 2006, the Administration requested authorization to issue a Request for Qualification (RFQ) No. 15-06/07, for architectural, engineering, urban design, and landscape architectural services for the planning, design, bid and award, and construction administration services for the Flamingo Park Project (Project). The project Scope of Work, includes the master planning, design development, permitting, bid and award, and construction administration for improvements including the renovation of, and improvements to, various facilities within the Park. This includes the demolition of the existing Haas Handball Courts to allow for the construction of a new skatepark. Also, included is the demolition of the Friendship Comer with restoration of the area to an open sodded green space as requested by the community. The Land Use and Development Committee recently discussed the proposed skate park and concluded that the proposed design for the skate park should be rejected. Commission Memorandum Robert C. Haas Handball Court & Friendship Corner Demolition December 8,2010 Page 2 of 2 The City will also retain for the use of the handball facility patrons, four (4) existing exterior courts, and four (4) interior courts until the new exterior handball courts are constructed. A request for a Job Order Contracting (JOC) cost proposal for this Work has been issued. The request for a recommendation to the City Commission for a Certificate of Appropriateness for Demolition of the Robert C. Haas Handball Courts and the facility known as "Friendship Corner" was presented to the Historic Preservation Board (HPB), by CIP staff during the November 9,201 0 meeting. The HPB supported the recommendation for demolition of the structures independent of obtaining a building permit for any replacement structures and requested that staff submit the proposed landscape plan to buffer the potential skate park at the January 11, 201 1 HPB meeting for approval. CONCLUSION The Administration recommends that the Citv Commission set a public hearing for the January 19,201 1 meeting to consider the granting ofs Certificate of ~~~~o~riateness for the demolition of the Robert C. Haas Handball Courts facility, and for the demolition of the Friendship Corner facility, located at 1200 Meridian Avenue. Since this facility is a City owned property, the Historic Preservation Board (HPB) recommendation is advisory to the City Commission (pursuant to City Code Section 1 18-563). Attachment 1- HPB Order T:\AGENDA\201OU)ecember 8\Consent\FLAMINGO PARK - ROBERT C. HAAS COURTS & FRIENDSHIP CORNER DEMOLITION MEMO.doc HISTORIC PRESERVATION BOARD City of Miami Beach, Florida MEETING DATE: November 9,2010 FILE NO: PROPERTY: LEGAL: IN RE: 1200 Meridian Avenue - Flamingo Park Skate Park All of that certain tract or parcel of land lying and being in the southwest quarter of section 34, township 53 south, range 42 east, and in the northwest quarter of section 3, township 54 south, range 42 east, situated in the City of Miami Beach, County of Miami Dade, State of Florida. The Application for a Certificate of Appropriateness for the demolition of the existing Robert C. Haas Handball Courts, and demolition of the single story facility known as 'Friendship Corner', and the construction of a new skate park facility and associated landscaping, hardscape, and lighting within Flamingo Park. ORDER The applicant, the City of Miami Beach, filed an application with the City of Miami Beach Planning Department for a Certificate of Appropriateness. The City of Miami Beach Historic Preservation Board makes the following FINDINGS OF FACT, based upon the evidence, information, testimony and materials presented at the public hearing and which are part of the record for this matter: A. The subject property is located within the Flamingo Park Local Historic District and the National Register Architectural District. B. Based on the plans and documents submitted with the application, testimony and information provided by the applicant, and the reasons set forth in the Planning Department Staff Report, the project as submitted is consistent with the Certificate of Appropriateness Criteria in Section 118-564(a)(1) of the Miami Beach Code, is not consistent with Certificate of Appropriateness Criteria 'a-d' in Section 118-564(a)(2) of the Miami Beach Code, is not consistent with Certificate of Appropriateness Criteria 'a-e' & 'g-h' in Section 118-564(a)(3) of the Miami Beach Code, and is not consistent with Certificate of Appropriateness for Demolition Criteria '1-5' in Section 118-564(f)(4) of the Miami Beach Code. C. The project would be consistent with the criteria and requirements of section 118-564 if the following conditions are met: Page 2 of 4 HPB File No. 7207 Meeting Date: November 9, 2010 1. The demolition of the Robert C. Haas Handball Courts, and the demolition of the single story facility known as 'Friendship Corner', is recommended for approval, and may be permitted prior to the issuance of a building permit for the skate park, subject to final approval by the City Commission. Such areas shall be required to be sodded after demolition and until a building permit for the skate park is issued. 2. A revised landscape plan, prepared by a Professional Landscape Architect, registered in the State of Florida, and corresponding site plan, shall be submitted to and approved by the Historic Preservation Board, prior to the completion of the skate park project. 3. Revised elevation, site plan and floor plan drawings shall be submitted to and approved by staff; at a minimum, such drawings shall incorporate the following: The final location and details of all exterior fence systems, including materials, dimensions and finishes, shall be subject to the review and approval of staff. The final design and details of all exterior walkways, including materials, dimensions and finishes shall be provided, in a manner to be reviewed and approved by staff. Prior to the issuance of a Certificate of Occupancy, the project Architect shall verify, in writing, that the subject project has been constructed in accordance with the plans approved by the Planning Department for Building Permit. 4. All new and altered elements, spaces and areas shall meet the requirements of the Florida Accessibility Code (FAC). 5. The project shall comply with any landscaping or other sidewalklstreet improvement standards as may be prescribed by a relevant Urban Design Master Plan approved prior to the completion of the project and the issuance of a Certificate of Occupancy. 6. At the time of completion of the project, only a Final Certificate of Occupancy (CO) or Final Certificate of Completion (CC) may be applied for; the staging and scheduling of the construction on site shall take this into account. All work on site must be completed in accordance with the plans approved herein, as well as by the Building, Fire, Planning, CIP and Public Works Departments, inclusive of all conditions imposed herein, and by other Development Review Boards, and any modifications required pursuant to field inspections, prior to the issuance of a CO or CC. This shall not prohibit the issuance of a Partial or Temporary CO, or a Partial or Temporary CC. 7. The Final Order is not severable, and if any provision or condition hereof is held void or unconstitutional in a final decision by a court of competent jurisdiction, the order shall be returned to the Board for reconsideration as to whether the order meets the criteria for approval absent the stricken provision or condition, and/or it is appropriate to modify the remaining conditions or impose new conditions. 8. The conditions of approval herein are binding on the applicant, the property's owners, operators, and all successors in interest and assigns. Page 3 of 4 HPB File No. 7207 Meeting Date: November 9, 2010 9. Nothing in this order authorizes a violation of the City Code or other applicable law, nor allows a relaxation of any requirement or standard set forth in the City Code. IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information, testimony and materials presented at the public hearing, which are part of the record for this matter, and the staff report and analysis, which are adopted herein, including the staff recommendations, which were amended by the Board, that the Certificate of Appropriateness is GRANTED for the above-referenced project subject to those certain conditions specified in paragraph C of the Findings of Fact (Condition Nos. 1-9, inclusive) hereof, to which the applicant has agreed. PROVIDED, the applicant shall build substantially in accordance with the plans approved by the Historic Preservation Board, as determined by staff, entitled "Skate Park, Certificate of Appropriateness for New Construction and Demolition", as prepared by the City of Miami Beach Capital Improvement Projects office, dated November 201 0. When requesting a building permit, the plans submitted to the Building Department for permit shall be consistent with the plans approved by the Board, modified in accordance with the conditions set forth in this Order. No building permit may be issued unless and until all conditions of approval that must be satisfied prior to permit issuance, as set forth in this Order, have been met. The issuance of a Certificate of Appropriateness does not relieve the applicant from obtaining all other required Municipal, County andlor State reviews and permits, including final zoning approval. If adequate handicapped access is not provided on the Board-approved plans, this approval does not mean that such handicapped access is not required. When requesting a building permit, the plans submitted to the Building Department for permit shall be consistent with the plans approved by the Board, modified in accordance with the conditions set forth in this Order. If the Full Building Permit for the project is not issued within eighteen (1 8) months of the meeting date at which the original Certificate of Appropriateness was granted, the Certificate of Appropriateness will expire and become null and void. If the Full Building Permit for the project should expire for any reason (including but not limited to construction not commencing and continuing, with required inspections, in accordance with the applicable Building Code), the Certificate of Appropriateness will expire and become null and void. In accordance with Section 118-561 of the City Code, the violation of any conditions and safeguards that are a part of this Order shall be deemed a violation of the land development regulations of the City Code. Failure to comply with this Order shall subject the Certificate of Appropriateness to Section 118-564, City Code, for revocation or modification of the Certificate of Appropriateness. Page 4 of 4 HPB File No. 7207 Meeting Date: November 9, 201 0 Dated this day of ,20-. HISTORIC PRESERVATION BOARD THE CITY OF MIAMI BEACH, FLORIDA BY: THOMAS R. MOONEY, AlCP DESIGN AND PRESERVATION MANAGER FOR THE CHAIR STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of 20- by Thomas R. Mooney, Design and Preservation Manager, Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the corporation. He is personally known to me. NOTARY PUBLIC Miami-Dade County, Florida My commission expires: Approved As To Form: Legal Department: ( Filed with the Clerk of the Historic Preservation Board on ( F:\PLAN\$HPB\I OHPB\No~HPB10\7207nov201O.fo.docx RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, SETTING OF A PUBLIC HEARING FOR THE GRANTING OF CERTIFICATES OF APPROPRIATENESS FOR THE DEMOLITION OF THE ROBERT C. HAAS HANDBALL COURTS AND FOR THE DEMOLITION OF A FACILITY KNOWN AS "FRIENDSHIP CORNER" PURSUANT TO THE MlAMl BEACH ClTY CODE - LAND DEVELOPMENT REGULATION SECTION 118464 (F) (4). BOTH FACILITIES ARE LOCATED AT FLAMINGO PARK, 1200 MERIDIAN AVENUE. WHEREAS, the Robert C. Haas Handball Court facility and the facility known as "Friendship Corner" were constructed at 1200 Meridian Avenue, within the boundaries of the Flamingo Park; and WHEREAS, the Robert C. Haas Handball Court facility is approximately 1,888 square feet, and the "Friendship Corner" facility is approximately 2,202 square feet; and WHEREAS, the Robert C. Haas Handball Court and the "Friendship Corner" facility are both comprised of notably deteriorated single-story structures and are not utilized; and WHEREAS, the Flamingo Park Master Plan was developed for various improvements including the demolition of the Robert C. Haas Handball Court to allow for construction of a new skate park and the demolition of the facility known as "Friendship Corner", providing additional passive green space; and WHEREAS, the Commission is following the process set forth for demolition of facilities used by the Historic Preservation Board (HPB) within an historic district of setting a Public Hearing to consider granting both facilities a Certificate of Appropriateness for Demolition; and WHEREAS, this facility is a City owned property, and pursuant to City of Miami Beach City Code Section 118-1 02(3), the HPB recommendation is advisory to the City Commission; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, that a public hearing shall be held on January 19,201 1 to consider the granting of a Certificate of Appropriateness for the demolition of the Robert C. Haas Handball Court, and the demolition of the facility known as the "Friendship Corner", pursuant to Miami Beach City Code Section 1 18-563. PASSED AND ADOPTED this day of ,2010. ATTEST: Robert H. Parcher, City Clerk Matti Herrera Bower, Mayor APPROVED AS TO FOW LANGUAGE Date T:\AGENDA\2010\December 8\Consent\FLAMINGO PARK - ROBERT C. HAAS COURTS & FRIENDSHIP CORNER DEMOLITION RESO.doc COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and authorizing the re-allocation of $1 14,205 in savings from the Seawall - Sunset Lake Park Project and further appropriating $49,582 from Fund 384, 2003 G.O. Bonds - Neighborhood Improvements; for additional work scope and associated fees for the Seawall - Flamingo Drive Rehabilitation Project. Key Intended Outcome Supported: 1 Ensure Value and Timely Delivery of Quality Capital Projects; Ensure Safety and Appearance of 1 . Building Structures and sites; and ~aintain~iami each Public Areas & ~i~hts of way Citywide. Supporting Data (Surveys, Environmental Scan, etc.): 56.8% of the Middle Beach respondents to the 2009 Community Satisfaction Survey rated the cleanliness of canals and waterways as excellent or good. Issue: Shall the City Commission approve the resolution? I An amount of $1 14,205 in savings that had been previously appropriated to the Seawall - Sunset Lake Park Project, in Account Number 384-2685 ($108,282) and Account Number 428-2685 ($5,923) these savings are to be reallocated to the Seawall - Flamingo Drive Project. Furthermore an appropriation of $49,582 from Fund 384,2003 G.O. Bonds - Neighborhood Improvements to the Seawall - Flamingo Drive Project, for a grand total of $1 63,787, for additional scope and associated fees for the Project. This project is part of a larger initiative to repair seawalls Citywide. Seawall repairs will minimize deposition of sediment run-off into the Biscayne Bay, improve water quality, protect upland structures such as street end improvements and utilities, from damages caused by seawall failure, and enhance public access to the bayfront. The project funds repairs to the Flamingo Drive Seawall Project which has qualified for FEMA funding. The total budget for the project includes a FEMA contribution of $16,260. I Approve the re-allocation of funds. Advisory Board Recommendation: 1 CIPOC =inancia1 Information: Financial Impact Summary: I City Clerk's Office Legislative Tracking: I Aaron Sinnes x 6833 T:VI\GENDA\201O\December 8\Consent\Seawall- Flamingo Drive Project - SUMM 2010-12-08.d u 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: December 8,201 0 SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE RE- ALLOCATION OF $114,205 IN SAVINGS FROM THE SEAWALL - SUNSET LAKE PARK PROJECT AND FURTHER APPROPRIATING $49,582 FROM FUND 384, 2003 G.O. BONDS - NEIGHBORHOOD IMPROVEMENTS; FOR ADDITIONAL WORK SCOPE AND ASSOCIATED FEES FOR THE SEAWALL- FLAMINGO DRIVE REHABILITATION PROJECT. ADMINISTRATION RECOMMENDATION Approve the re-allocation of funds. FUNDING $98,282 from account number 384-2685-069357. $10,000 from account number 384-2685-000356. $5,923 from account number 428-2685-069357 $49,582 to be appropriated from Fund 384,2003 (3.0. Bond - Neighborhood Improvements for a grand total of $163,787. BACKGROUND This project is part of a larger initiative to repair seawalls Citywide. Seawall repairs will minimize deposition of sediment run-off into the Biscayne Bay Aquatic Preserve, improve water quality, protect upland structures such as street end improvements and utilities from damage caused by seawall failure, and enhance public access to the Bayfront. The Seawall - Flamingo Drive Rehabilitation Project proposes to repair the existing seawall. This project is located at the southernmost end of Flamingo Drive, at the north side of Collins Canal. During permitting of the proposed repairs, the Florida Department of Environmental Protection (FDEP) mandated that the existing seawall be replaced in lieu of repair because the design requirement for a repair would have exceeded the maximum allowable encroachment into Collins Canal. Therefore, a budget shortfall of $163,787 exists to implement the replacement of the Flamingo Drive Seawall. The Sunset Lake Park Seawall Project is complete and was delivered under budget by $1 14,205. Due to this realized savings, it was determined that it would be appropriate to Commission Memorandum - Fund Re-allocation from Seawall - Sunset Park Project to the Seawall - Flamingo Drive Project December 8,2010 Page 2 of 2 utilize the savings from the Seawall - Sunset Lake Park Project as well as the appropriation of additional monies from Fund 384, 2003 G.O. Bond - Neighborhood lmprovements to cover the remaining funding shortfall for the Seawall - Flamingo Drive Project. This sea wall project is the best candidate for the transfer of funds the current shortfall matches closely with the realized savings from the Sunset Lake seawall project. Most other neighborhoods with a sea wall restoration component have been funded through the Capital budget process. It is important to note that the seawall savings can only be used for seawall related projects. Also, the 2003 G.O. Bond - Neighborhood lmprovements appropriated monies are not specific to the Sunset 3 and 4 neighborhoods. CONCLUSION The Administration recommends that the Mayor and the City Commission authorize the re- allocation of $1 14,205 in savings from the Seawall - Sunset Lake Park Project, and the appropriation of $49,582 from Fund 384,2003 G.O. Bond - Neighborhood lmprovements for additional work scope and associated fees for the Seawall - Flamingo Drive Rehabilitation Project. T:\AGENDA\201O\December 8\Consent\Seawall- Flamingo Drive Project - MEMO 2010-12-08.doc RESOLUTION TO BE SUBMITTED COMMISSION ITEM SUMMARY Condensed Title: A Resolution Accepting The City Manager's Recommendation Pertaining To The Ranking of Firms For Third Party Administrator Claim Audit And Performance Evaluation Services, Authorizing The Administration To Enter Into Negotiations, And Authorizing The Mayor And City Clerk To Execute An Agreement. Key Intended Outcome Supported: I Control costs of payroll, including salary and fringeslminimize taxeslensure expenditure trends are sustainable over the long 1 term. Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Community Satisfaction Survey, among the four (4) areas of customer service measured, 85.5% of respondents agreed that "The employees that assisted me were courteous and I professional." Issue: I Shall the Commission Adopt the Resolution? Item SummarylRecommendation: The City offers a program of self-funded medical plans for the benefit of its approximately 2,000 active employees, 1,850 retirees, and their covered dependents. Humana Medical Plans (Humana) has served as the Third-Party Administrator (TPA) for the City's medical plan since January 1, 2009. The City has the right to audit Humana's administration of its medical plans as outlined in Article VI of the City's Service Agreement. The audit should include Humana's compliance with the terms of the performance guarantees between the City and Humana. The City is also seeking a firm to conduct single or multiple claim audits at the request of an individual enrolled in one of the City's group health plans. I I RFP No. 36-09/10 was issued and sent to over 40 firms. This outreach resulted in the receipt of proposals from the following eight (8) firms: Brown Smith Wallace, LLC; Claim Technologies, Incorporated; Deloitte Consulting, LLP; Gallagher Benefit Services, Inc.; Grant Thornton, LLP; Healthcare Data Management, Inc.; Siver lnsurance Consultants; and The Segal Company. Upon Procurement performing the test for responsiveness and in consultation with the City Attorney's Office, the proposals from both Grant Thornton and The Segal Company were deemed non-responsive. An Evaluation Committee appointed by the City Manager reviewed, scored and ranked the proposals. Based on the published evaluation criteria, the Committee Members ranked Gallagher Benefit Services as the top-ranked firm, Claim Technologies, Incorporated as the second-ranked firm, and Deloitte Consulting LLP as the third-ranked firm. The Evaluation Committee's top-ranked firm, Gallagher Benefit Services, is currently the City's benefit consultant, an entity that was crucial in assisting the City in selecting Humana as its medical provider; their fees for the services provided to the City are derived from commissions paid by Humana, and who was recently awarded a five (5) year agreement to continue to provide such services. During his due diligence review of the Evaluation Committee's recommendation, and in an effort to ensure transparency, reduce any potential perception of conflict and provide for the checks and balances necessary to conduct a combined performance evaluation and audit of Humana services to the City, the City Manager deems it is in the City's best interest for the Administration to enter into negotiations with his top-ranked firm, Claim Technologies, Inc. and if negotiations are not successful, enter into negotiations with Deloitte Consulting, LLP. 1 It is recommended that the Mayor and City Commission adopt the resolution. I Advisory Board Recommendation: I N/A Financial Information: a MIAMIBEACH I Source of Funds: m Amount 1 2 Account I $61,000 Funding is available from account number 560-1 793-000303; Administration Fees - Self Insurance Medical Health 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 FROM: Jorge M. Gonzalez, City Manag DATE: December 8, 201 0 SUBJECT: A RESOLUTION OF THE M CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER RELATIVE TO THE RANKING OF PROPOSERS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 36-0911 0, FOR THIRD PARTY ADMINISTRATOR CLAIM AUDIT AND PERFORMANCE EVALUATION SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WlTH CLAIM TECHNOLOGIES, INCORPORATED, AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WlTH CLAIM TECHNOLOGIES, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WlTH DELOITTE CONSULTING, LLP; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON THE COMPLETION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING $61,000 Funding is available from account number 560-1 793-000303; Administration Fees - Self Insurance Medical Health KEY INTENDED OUTCOMES SUPPORTED Control costs of payroll, including salary and fringes1Minimize TaxesIEnsure expenditure trends are sustainable over the long term. BACKGROUND The City offers a program of self-funded medical plans for the benefit of its approximately 2,000 active employees, 1,850 retirees, and their covered dependents. Humana Medical Plans (Humana) has served as the Third-Party Administrator (TPA) for the City's medical plan since January 1, 2009. Humana processes the City's medical claims from their Louisville, Kentucky claim office. The City does have the right to audit Humana's administration of its medical plans as outlined in Article VI of the City's Service Agreement. The audit should include Humana's compliance with the terms of the performance Commission Memorandum December 8, 2010 RFP No.36-09/10 Third Party Claim Audit and Perfonnance Evaluation Sentices Page 2 of 4 guarantees between the City and Humana. Humana provides the City with administrative services for its five (5) health care plans: Premium Preferred Provider Organization (PPO); Premium Health Maintenance Organization (HMO); Point of Service (POS); Standard Preferred Provider Organization (PPO); and Standard Health Maintenance Organization (HMO). The City is also seeking a firm to conduct single or multiple claim audits at the request of an individual enrolled in one of the City's group health plans. The successful firm would, upon the request of an enrolled individual, perform an audit of an invoice or billing statement received from a service provider to determine the accuracy of the bill, detecting any erroneous or duplicate charges submitted. The firm would then negotiate any appropriate corrections to the service provider's billing with the service provider, communicating the results directly to the employee. The selected firm would provide these ongoing services for a period not to exceed three years. RFP PROCESS RFP No. 36-09/10 was issued on July 15,2010, and the Procurement Division e-mailed, as well as uploaded the RFP to BidSync.com and BidNet, sending notifications to over 40 firms. This outreach resulted in the receipt of proposals from the following eight (8) firms: Brown Smith Wallace, LLC; Claim Technologies, Incorporated; Deloitte Consulting, LLP; Gallagher Benefit Services, Inc.; Grant Thornton, LLP; Healthcare Data Management, Inc.; Siver Insurance Consultants; and The Segal Company. Upon Procurement performing the review for responsiveness of the proposals, and in conjunction with soliciting feedback from the City Attorney's Office, the proposals from Grant Thornton LLP and The Segal Company were deemed non-responsive. These firms requested exceptions to the City's terms for indemnification and cancellation as outlined in the RFP, and were not willing to accept the City's requirements. On September 24, 2010, the City Manager via Letter to Commission No. 253-2010 appointed an Evaluation Committee (the "Committee"), consisting of the following individuals. Henry Castillo Resident and Leadership Academy Graduate Paulette Rolle Administrator, Human Resources Department James Sutter Internal Auditor, Internal Audit Department Katie Yanke Financial Analyst, Finance Department Jeremy White Resident, Financial Consultant and Graduate of Leadership Academy Mr. Joseph DiBella was added to the Committee by request of Commissioner Wolfson via the City Manager. Upon receipt of the proposals, Mr. DiBella recused himself from participating due to a lengthy business relationship he had maintained with the firm of Deloitte. The Committee convened on November 5,2010, and was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government in the Sunshine Law. Henry Castillo was unable to attend at the last minute. Jeremy White was nominated as Chairperson of the Committee. The Committee listened to a brief Commission Memorandum December 8, 2010 RFP No.36-09/10 Third Party Claim Audit and Performance Evaluation Services Page 3 of 4 overview and participated in a question and answer session with each of the six (6) responsive Proposers. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP, which was as follows, for a total possible 100 points: Related experience Proposed Methodology Proposed Fees Client References Total: 30 points 30 points 30 points 10 points 100 points The Committee discussed the pro~osals and proceeded to score as follows: The Committee was in concurrence that each of the top three-ranked firms had vast experience and capabilities, and each of these three firms presented an impressive methodology relative to satisfying the requirements outlined in the RFP, and further discussed during the Committee interview process with the Proposers. Paulette Rolle Gallagher Benefit Services, Inc. Claim Technologies, lnc. Deloitte Consulting LLP Healthcare Data Management, Inc. Brown Smith Wallace, LLC Siver Insurance Consultants A motion was made, and passed unanimously, to accept the ranking as outlined above. CITY MANAGER'S DUE DILIGENCE 80 (2) 78 (3) 85 (1) 55 (6) 70 (5) 75 (4) The Evaluation Committee's recommended top-ranked firm, Gallagher Benefit Services (Gallagher), is the City's current benefit consultant, assisting the City Administration in determining the City's benefits program, which includes, but is not limited to: Ranking of Firm James Sutter Approaching all acceptable healthcare insurance companies, on behalf of the City, in order to present and recommend to the City the selection of one entity to provide the specified coverage; Providing assistance in determining the City's Group Employee Benefit Program; Providing actuarial support and analysis of the City's self-funded medical and dental plans; Issuing recommendations to the City to guarantee continued, affordable medical and dental plans options for its employees and retirees; Preparing reports informing the City regarding market conditions that may affect the City's policies and risk exposures prior to policy renewals; Negotiating, on behalf of, and with direction from, the City with all carriers to obtain the 95 (1) 92 (2) 89 (3) 78 (4) 77 (5) 68 (6) Katie Yanke Jeremy White 100 (1) 95 (2) 90 (3) 88 (4) 87 (5) 83 (6) 70 (3) 78 (I) 75 (2) 60 (4) 45 (5) 40 (6) 7 8 9 18 20 22 Commission Memorandum December 8, 2010 RFP No.36-09/10 Third Party Claim Audit and Performance Evaluation Sewices Page 4 of 4 best prices, terms and conditions available; 7. Reviewing and evaluating existing City benefits to provide recommendations for possible improvement of price, terms and conditions; 8. Providing an annual report summarizing coverage, anticipated market conditions, recommendations and strategies; 9. Conducting actuarial analysis and reporting, as required for the City's GASB 45 filings; and 10. Supporting and guiding the City on implementation and impact of the Patient Protection and Affordable Care Act. The agreement with Gallagher has been in effect for five (5) years, and expired on September 30, 2010. On September 15, 2010, the Commission authorized a month-to- month extension not to exceed six (6) months. On November 17, 201 0, the Commission authorized the Administration to enter into negotiations with Gallagher, the top-ranked firm of RFP 49-09-1 0, to continue to provide benefit consulting services for the City. Gallagher was crucial in assisting the City in selecting its current medical provider, Humana Medical Plans. Gallagher's fees for the services provided to the City are derived from commissions paid by Humana. After considering the recommendation of the Evaluation Committee, as well as the Commission's recent selection of Gallagher as the City's benefit consultant, during his due diligence review of the Evaluation Committee's recommendation, and in an effort to ensure transparency, reduce any potential perception of conflict and provide for the checks and balances necessary to conduct a combined performance evaluation and audit of Humana services to the City, the City Manager deemed it is in the City's best interest for the Administration to enter into negotiations with his top-ranked firm, Claim Technologies, Inc. and if negotiations are not successful, enter into negotiations with Deloitte Consulting, LLP. CONCLUSION The Administration recommends that the Mayor and City Commission approve the attached resolution, accepting the recommendation of the City Manager relative to the ranking of proposers, pursuant to request for proposals (RFP) No. 36-09/10, for Third Party Administrator Claim Audit and Performance Evaluation Services, and authorizing the Administration to enter into negotiations with Claim Technologies, Incorporated, and should the Administration not be able to negotiate an agreement with Claim Technologies, authorizing the Administration to negotiate with Deloitte Consulting, LLP. T:\AGENDA\2010\December 8\Consent\TPA Claim Audit Memo VERS 2.doc RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THECITY MANAGER RELATIVE TO THE RANKING OF PROPOSALS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) N0.36-09/10, FOR THIRD PARTY ADMINISTRATOR CLAIM AUDIT AND PERFORMANCE EVALUATION SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WlTH CLAIM TECHNOLOGIES, INCORPORATED, AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WlTH CLAIM TECHNOLOGIES, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH DELOITTE CONSULTING, LLP; AND FURTHER AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AN AGREEMENT UPON THE COMPLETION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, the City offers a program of self-funded medical plans for the benefit of its approximately 2,000 active employees, 1,850 retirees, and their covered dependents; and WHEREAS, Humana Medical Plans (Humana) has served as the Third-Party Administrator (TPA) for the City's medical plan since January I, 2009; and WHEREAS, the City does have the right to audit Humana's administration of its medical plans as outlined in Article VI of the City's Service Agreement; and WHEREAS, the audit should include Humana's compliance with the terms of the performance guarantees between the City and Humana; and WHEREAS, the City is also seeking a firm to conduct single or multiple claim audits at the request of an individual enrolled in one of the City's group health plans; and WHEREAS, on July 15, 201 0, RFP No. 36-09/10 was issued, with notifications to over 40 firms, which resulted in the receipt of proposals from Brown Smith Wallace, LLC; Claim Technologies, Incorporated; Deloitte Consulting, LLP; Gallagher Benefit Services, Inc.; Grant Thornton, LLP; Healthcare Data Management, Inc.; Siver Insurance Consultants; and The Segal Company; and WHEREAS, the proposals from Grant Thornton LLP and The Segal Company were deemed non-responsive; and WHEREAS on September 24, 2010, the City Manager via Letter to Commission No. 253-2010 appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: Henry Castillo, Resident and Leadership Academy Graduate; Paulette Rolle, Administrator, Human Resources Department; James Sutte, lnternal Auditor, lnternal Audit Department; Katie Yanke, Financial Analyst, Finance Department; Jeremy White, Resident, Financial Consultant and Graduate of Leadership Academy; and WHEREAS, the Committee convened on November 5, 2010, and was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance, the Government in the Sunshine Law, listened to presentations, participated in a question and answer session with each of the six (6) responsive Proposers, and discussed and evaluated the proposals based on the evaluation criteria as outlined in the RFP; and WHEREAS, the Committee ranked Gallagher Benefit Services as the top-ranked firm, Claim Technologies, Incorporated as the second-ranked firm, and Deloitte Consulting LLP as the third-ranked firm; and WHEREAS, after considering the recommendation of the Committee, the City Manager recommends that the Administration enter into negotiations with Claim Technologies, Incorporated, and should the Administration not be able to negotiate an agreement with Claims Technologies, that the Administration be authorized to negotiate with Deloitte Consulting, LLP. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CIN COMMISSION OF THE CIN OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager pertaining to the ranking of proposals pursuant to Request for Proposals (RFP) No. 36-09/10, for Third Party Administrator Claim Audit and Performance Evaluation Services, and authorize the Administration to enter into negotiations with Claim Technologies, Incorporated; and should the Administration not be able to negotiate an agreement with Claim Technologies, authorize the Administration to negotiate with Deloitte Consulting, LLP; further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED and ADOPTED this day of , 2010. ATTEST: CITY CLERK MAYOR T:\AGENDA\2010\December 8\Consent\TPA Claim Audit Reso.doc APPROVED AS TO FORM & LANGUAGE a FOR WECUTION THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: I A Resolution Approving An Assignment Of Job Order Contract (JOC) No. 23-08/09, By And Between The City I And Unitech Builders, %orp., Dated July 15, 2009, For Horizontal Construction Projects, Which Provides For Unitech Builders, Corp. To Assign Its Contract To David Mancini And Sons, Inc.; Further Authorizing The Mayor And City Clerk To Execute Same. Kev Intended Outcome Sumorted: To ensure well-maintained facilities; and to ensure well-maintained infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): NIA Issue: Shall the City Commission Approve the assignment? Item Summary1Recommendation: Unitech, by letter dated November 17, 2010, has requested that their JOC Contract be assigned to David I Mancini and Sons, Inc. ("David Mancini"). Pursuant to Section 18.1 of the JOC Contract, assignment of the JOC Contract requires the written consent of the Mayor and City Commission. Key points of assignment are as follows: 1. Unitech will continue to honor and maintain all required warranties and responsibilities for previously completed projects and any ongoing project with the City, as of December 8,201 0. 2. Unitech's Performance and Payment Bonds will remain in effect for one year after the date of acceptance of all completed work. 3. David Mancini and Sons, Inc. agrees to be bound by all legal terms and conditions, responsibilities, and pricing of the JOC Contract. 4. David Mancini and Sons, Inc. agrees to furnish to the City's Risk Manager, Certificates of lnsurance or endorsements evidencing the required insurance coverage as specified in Article 7, entitled "lnsurance", on pages 39 and 40 of the JOC Contract. 5. David Mancini and Sons, Inc. agrees to provide Performance and Payment Bonds, each in the amount of one million dollars ($1,000,000), guaranteeing to City the completion and performance of the work covered in the JOC Contract, as well as full payment of all suppliers, laborers, and subcontractors, pursuant to General Conditions, Section 00400, Paragraph 4, entitled "Performance Bond and Payment Bond", on pages 36 and 37 of the JOC Contract. 6. David Mancini and Sons, Inc. agrees to provide additional Performance and Payment Bonds, each in the amount of 100% of the value of any projects assigned that may exceed their initial bonding of $1,000,000. I THE ADMINISTRATION HAS EXERCISED ITS DUE DILIGENCE ON THE NEW JOC CONTRACTOR, I ( DAVID MANClNl AND SONS, INC., AND RECOMMENDS APPROVAL OF ASSIGNMENT. I Advisory Board Recommendation: I 3 1 OBPl Total I Financial Information: I Financial Impact ~uthmary: I I I I Source of Funds: I I City Clerk's Office Legislative Tracking: 1 AGENDA TTEM C7F DATE &-8-/o I Gus Lopez, extension 6641 Sign-0%: Amount Repartment Director Account I Approved Assistant City Manager City Manager MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the Ci$Chmmission FROM: Jorge M. Gonzalez, City Manager m DATE: December 8, 201 0 w SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, APPROVING AN ASSIGNMENT OF JOB ORDER CONTRACT (JOC) NO. 23-08/09, BY AND BETWEEN THE ClTY AND UNITECH BUILDERS, CORP., DATED JULY 15,2009, FOR HORIZONTAL CONSTRUCTION PROJECTS, WHICH PROVIDES FOR UNITECH BUILDERS, CORP. TO ASSIGN ITS CONTRACTTO DAVID MANClNl AND SONS, INC.; FURTHER AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE SAME. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOMES SUPPORTED To ensure well-maintained facilities; and To ensure well-maintained infrastructure. ANALYSIS Based on the results of the City's JOC program coupled with the high volume of anticipated construction projects, the City issued on March 24, 2009, six (6) separate Invitations to Bid (ITB) for the various categories of construction-related work: ITB 22-08/09 - Vertical ITB 23-08/09 - Horizontal ITB 24-08/09 - Electrical ITB 25-08/09 - Mechanical ITB 26-08/09 - WaterproofingIPainting ITB 27-08/09 - Roofing On April 24,2009, the City received sixty-two (62) bids overall by forty-eight (48) contractors. A Technical Review Panel convened and reviewed all bids received and participated in interviewing twenty-four (24) shortlisted contractors, who were represented by their respective project managers, site superintendents, and cost estimators. At its July 15, 2009 meeting, the Mayor and City Commission awarded Job Order Contract No. 23-08/09, for horizontal construction projects, to the following contractors: JOC Contract Assignment December 8,2010 Page 2 of 4 1. Carivon Construction Co.; 2. Downrite Engineering Corp.; 3. Envirowaste Services Group; 4. GEC Associates, Inc.; 5. H.A. Contracting Corp.; 6. Ric-Man International, Inc.; and 7. Unitech Builders Corp. Downrite Engineering failed to provide the required Performance and Payment Bonds; therefore, the City did not enter into an agreement with Downrite Engineering. All other contractors, including Unitech Builders Corp. (Unitech), provided all the necessary documents, bonds, and insurance certificates, and executed JOC agreements with an effective date of July 15, 2009. It is important to note that Unitech has the lowest adjustment factors of any of the horizontal contractors for overtime and non-prepriced work. Also, Unitech has the second lowest adjustment factor of any of the horizontal contractors for normal time work. Therefore, if the City Commission approves the assignment of contract, David Mancini and Sons, Inc. will be bound by the same low adjustment factors currently under Unitech's contract. CONTRACTOR NORMAL TIME OVERTIME NON-PREPRICED 1 Carivon Construction 1.0287 1.0315 1.0660 Envirowaste The aforementioned adjustment factors represent the contractor's only adjustment to the prices published in the Construction Task Catalog and must include all indirect costs such as overhead, profit, payment and performance bonds, insurance, design and contingency costs. GEC Associates H.A. Contracting Ric-Man International Unitech Builders Unitech, by letter dated November 17, 2010, has requested that their JOC Contract be assigned to David Mancini and Sons, Inc. ("David Mancini"). See attached letter from Unitech. Pursuant to Section 18.1 of the JOC Contract, assignment of the JOC Contract requires the written consent of the Mayor and City Commission. 1.0223 The potential value of the contract is $23,562,646. The dollar amount is based on the Unitech's contract having a maximum value of $25 million over five (5) years. Since July 2009, Unitech has been issued work valued at $1,437,353.38. 1.0000 1.0190 1.0223 1.0060 The Administration has exercised its due diligence on the new JOC Contractor, David Mancini and recommends said assignment based on the following: 1.0456 KEY PERSONNEL 1.0500 - - 1.0200 1.0456 1.0456 1.0060 David Mancini has put together a qualified team of design and construction professionals who have demonstrated the ability to successfully perform and execute projects. The key personnel of David Mancini and Sons are as follows: 10660 p 1.0660 1.0158 1.0060 JOC Contract Assignment December 8,2010 Page 3 of 4 David Mancini, President. Mr. Mancini has over 30 years construction experience in South Florida. He is currently holds a state of Florida Underground Utility License (#CU-C0442220). Until recently, Mr. Mancini was President of Ric-Man International where he oversaw up to $35 million in projects. Some of the key projects listed in Mr. Mancini's resume include: a. Washington Avenue Improvements. Over % mile of complete roadway, infrastructure and beautification improvements along a heavy pedestrian and retaillhotel corridor. Project consisted of drainage, water mains, sidewalks and curbs & gutters, landscaping, gravity wells, roadway, signalization, lighting and markings. b. Miami River Water Main Project. Over 800 feet of new 30" water main designed as open cut but converted by Mr. Mancini to designlbuild directional drill, which resulted in saving Miami-Dade county time and money and resolving easement issues. Project consisted of directional drilling water main under river, sidewalks and curb & gutters, and roadway restoration. c. Replacement of 48" Force Main. Over 5,000 feet of 48 PCCP removal in right-of-way replaced with 48" DIP in 8 months including design, permits and construction. d. Broward County Broadview Neighborhood. Over 120,000 feet of water mains throughout a 470 residential neighborhood. This project also required service connections on private property behind homes. Albert Dominguez, Project Manager. Mr. Dominguez was the Senior Project Manager with Ric-Man International, and he was responsible for managing over $27 million of capital improvements projects. He is a licensed Professional Engineer. Some of the key projects listed in Mr. Dominguez's resume include: a. Nautilus Neighborhood No. 7 Improvements. Project consisted of installing a new water main and connecting homes in front and rear, drainage improvements including more than 250 structures, 18,000 LF of drainage pipe, and six (6) pump stations, lighting landscaping, and hardscape improvements throughout. Construction had to content with accommodating the needs of the 772 residents and two (2) schools. b. Lumus Neighborhood Improvements. Project consisted of refurbishing 10 urban streets with over 13,000 LF of water main, and drainage pipe. Close coordination with 119 business owners, 485 residents, public transportation, schools, restaurants, valet parking and night clubs. JOC Contract Assignment December 8,2010 Page 4 of 4 BONDING CAPACITY David Mancini and Sons, Inc. has a total program bonding capacity of $100 million. Their Surety, Liberty Mutual lnsurance Company, carries an A.M. Best Rating of A, which is considered excellent. See attached letter from Nielson, Hoover & Associates, dated November 22,2010. KEY POINTS OF ASSIGNMENT I. The Consent to Assignment and First Amendment to the JOC Contract, will have an effective date of December 8,201 0, and remain in effect throughout the remainder of the current term of the JOC Contract, scheduled to expire July 14, 2014. 2. Unitech will continue to honor and maintain all required warranties and responsibilities for previously completed projects and any ongoing project with the City, as of December 8, 201 0. 3. Unitech's Performance and Payment Bonds will remain in effect for one year after the date of acceptance of all completed work. 4. David Mancini and Sons, Inc. agrees to be bound by all legal terms and conditions, responsibilities, and pricing of the JOC Contract. 5. David Mancini and Sons, Inc. agrees to furnish to the City's Risk Manager, Certificates of lnsurance or endorsements evidencing the required insurance coverage as specified in Article 7, entitled "Insurance", on pages 39 and 40 of the JOC Contract. 6. David Mancini and Sons, Inc. agrees to provide Performance and Payment Bonds, each in the amount of one million dollars ($1,000,000), guaranteeing to City the completion and performance of the work covered in the JOC Contract, as well as full payment of all suppliers, laborers, and subcontractors, pursuant to General Conditions, Section 00400, Paragraph 4, entitled "Performance Bond and Payment Bond", on pages 36 and 37 of the JOC Contract. 7. David Mancini and Sons, Inc. agrees to provide additional Performance and Payment Bonds, each in the amount of 100% of the value of any projects assigned that may exceed their initial bonding of $1,000,000. The attached consent to assignment and resolution has been reviewed and form approved by the City Attorney's Office. CONCLUSION The Administration recommends that the Mayor and City Commission approve the assignment of JOC Contract No. 23-08/09 from Unitech Builders, Corp., to David Mancini and Sons, Inc. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE A CONSENT TO ASSIGNMENT AND FIRST AMENDMENT TO JOB ORDER CONTRACT (JOC) NO. 23-08/09, BETWEEN THE ClTY AND UNITECH BUILDERS, CORP., WHICH PROVIDES FOR UNITECH TO ASSIGN THE JOC CONTRACT TO DAVID MANClNl AND SONS, INC. WHEREAS, on July 15, 2009, the Mayor and City Commission approved Job Order Contract No. 23-08/09, for Horizontal Construction Projects, dated July 15, 2009, with Unitech Builders, Corp. (the JOC Contract); and WHEREAS, Unitech Builders, Corp., also referred to herein as Assignor, now wishes to assign the JOC Contract to David Mancini and Sons, Inc. (Assignee andlor the new JOC Contractor); and WHEREAS, pursuant to Section 18.1 of the JOC Contract, assignment of the JOC Contract requires the written consent of the Mayor and City Commission; and WHEREAS, the Administration has exercised its due diligence on the new JOC Contractor and recommends said assignment; and WHEREAS, the Administration recommends that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute the attached Consent to Assignment and First Amendment to JOC Contract No. 23-08/09, which shall have an effective date of December 8, 2010, and remain in effect throughout the remainder of the current term of the JOC Contract, scheduled to expire on July 14, 2014; and WHEREAS, notwithstanding the requested assignment, Unitech Builders, Corp. will continue to be responsible for, and maintain all required warranties and responsibilities for, previously completed projects and any ongoing project with the City prior to the effective date of the assignment. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE 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 a Consent to Assignment and First Amendment to Job Order Contract (JOC) No. 23-08/09, dated July 15, 2009, by and between the City and Unitech Builders, Corp., which provides for Unitech Builders, Corp. to assign the JOC contract to David Mancini and Sons, Inc. PASSED and ADOPTED this - day of ,2010. ATTEST: City Clerk T:\AGENDA\201O\December 8\Consent\AssignmentResolution.doc Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION CONSENT TO ASSIGNMENT AND FIRST AMENDMENT TO JOB ORDER CONTRACT (JOC) NO. 23-08/09 WITH UNITECH BUILDERS, CORP. DATED JULY 15,2009 The Consent to Assignment and First Amendment to Job Order Contract (JOC) No. 23-08/09, to provide Horizontal Construction Projects, dated July 15, 2009, is entered into this 8th day of December 2010 (Effective Date), by and among the City of Miami Beach, a Florida municipal corporation, whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139; Unitech Builders, Corp., a Florida corporation, whose principal address is 161 15 SW 11 7 Avenue, Suite 23, Miami, Florida 33177, as Assignor of aforestated JOC Contract; and David Mancini and Sons, Inc., a Florida corporation, whose principal address is 1931 NW 40 Court, Pompano Beach, FL 33064, as the new JOC Contractor and Assignee under said assignment (as herein below consented to by the City). WITNESSETH: WHEREAS, on July 15, 2009, the City of Miami Beach, Florida (the City) entered into a JOC contract with Unitech Builders, Corp. (Contractor and/or Assignor) pursuant to Job Order Contract (JOC) No. 23-08/09, to provide Horizontal Construction Projects (the JOC Contract); and WHEREAS, Contractor now wishes to assign the JOC Contract to David Mancini and Sons, Inc. (Assignee or the new JOC Contractor); and WHEREAS, pursuant to Section 18.1 of the JOC Contract, assignment of the JOC Contract requires the written consent of the Mayor and City Commission; and WHEREAS, the Administration has exercised its due diligence on the new JOC Contractor and recommends said assignment; and WHEREAS, at its regular meeting on December 8, 2010, the Mayor and City Commission approved the following Consent to Assignment and First Amendment to the JOC Contract; and WHEREAS, the following Consent to Assignment and First Amendment to the JOC Contract, shall have an effective date of December 8, 2010, and remain in effect throughout the remainder of the current term of the JOC Contract, scheduled to expire July 14, 2014; and WHEREAS, notwithstanding the requested assignment, David Mancini and Sons, Inc. will assume all of the remaining obligations and responsibilities originally undertaken by Unitech Builders, Corp. NOW, THEREFORE, the City, Assignor, and the new JOC ContractorlAssignee, for and in consideration of the mutual covenants, agreements and undertakings herein contained, do by these presents mutually covenant and agree to assign and amend JOC Contract No. 23-08/09, as follows: The City hereby consents to the assignment of the JOC Contract, from Unitech Builders, Corp. (also referred to as the ContractorlAssignor), to David Mancini and Sons, Inc. (also referred to as new JOC ContractorlAssignee). Assignor and new JOC ContractorIAssignee hereby acknowledge and agree to said assignment, and Assignee further agrees to be bound by the terms and conditions of the JOC Contract, as amended by this Consent to Assignment and First Amendment; all as further evidenced by the parties' execution of the Consent to Assignment, attached hereto and incorporated herein as Exhibit A. 2. On or before the Effective Date, the new JOC Contractor shall furnish to the City's Risk Manager, Certificates of lnsurance or endorsements evidencing the insurance coverage specified in Article 7, entitled "Insurance", on pages 39 and 40 of the JOC Contract. 3. On or before the Effective Date, the new JOC Contractor shall agree to provide Performance and Payment Bonds, each in the amount of one million dollars ($1,000,000), guaranteeing to City the completion and performance of the work covered in the JOC Contract, as well as full payment of all suppliers, laborers, and subcontractors, pursuant to General Conditions, Section 00400, Paragraph 4, entitled "Performance Bond and Payment Bond", on pages 36 and 37 of the JOC Contract. 4. Section 6.6, entitled "Notices", on page 8 of the JOC Contract, shall be amended, in part (deleted items and inserted items underlined), to reflect the new JOC Contractor's contact information as follows: The address for notices to Contractor is: David Mancini and Sons. Inc. 1931 NW 40 Court Pompano Beach, Florida 33064 Attn: David Mancini 5. Except as otherwise specifically amended herein, all other terms and conditions of the JOC Contract, shall remain in full force and effect. In the event there is a conflict between the terms provided herein and the JOC Contract, the provisions of this Assignment and First Amendment shall govern. IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ATTEST: By: City Clerk Robert Parcher FOR ASSIGNOR: ATTEST: By: Secretary Print Name FOR NEW CONTRACTORIASSIGNEE: ATTEST: By: Secretary Print Name CITY OF MIAMI BEACH, FLORIDA Mayor Matti Herrera Bower UNITECH BUILDERS, CORP. President Print Name DAVID MANClNl AND SONS, INC. President Print Name APPROVED AS TO FORM & LANGUAGE T:MGENDA\201 O\December 8\ConsentMssignmentConsent.doc & FOR EXECUTION n EXHIBIT A CONSENT TO ASSIGNMENT Job Order Contract (JOC) No. 23-08/09, dated July 15, 2009 This Assignment is being entered into on this 8th of December 2010, by and between UNITECH BUILDERS, CORP. (Assignor), a Florida corporation, and DAVID MANCllNl AND SONS, INC. (New JOC ContractorIAssignee), a Florida corporation whose principal address is 1931 NW 40 Court, Pompano Beach, FL 33064. WITNESSETH, that for valuable consideration in hand paid by the Assignee to the Assignor, receipt of which is hereby acknowledged, the Assignor hereby assigns and transfers to the New JOC ContractorIAssignee, and Assignee hereby accepts, all of its right, title and interest in and to the following described agreements: 1. Assignee agrees to be bound and shall comply with all legal terms and conditions, and responsibilities outlined in JOC Contract No. 23-08/09; 2. Assignor will continue to honor and maintain all required warranties and responsibilities for previously completed projects and any ongoing project with the City, as of Effective Date (i.e. December 8, 2010). IN.WITNESS WHEREOF, the parties hereto have executed this Assignment on the day and year first above written. UNITECH BUILDERS, CORP (Assignor) BY President1 Signature Date Print Name DAVID MANClNl AND SONS, INC (New JOC ContractorlAssignee) BY President1 Signature Print Name ATTEST: Secretary1 Signature Print Name Date Date APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION NIELSON, HOOVER & ASSOCIATES November 22,2010 W U 5 City of Miami Beach, Florida % City Hall 1700 Convention Center 4 Miami Beach, Florida 33139 W Y RE: DAVID MANCINI & SONS, INC. 4 i t Gentlemen: z E! !-- 3 This is to advise you that our office provides suretyship for David Mancini & Sons, Inc. Their Surety is Liberty Mutual Insurance Company, which carries an A. M. Best Rating of A (Excellent), Financial Size Category of XV, and is listed in the department of the Treasury's Federal Register. David Mancini & Sons, Inc. has a bonding capacity on individual projects of $25,ooo,ooo and a total program capacity of V, about $~oo,ooo,ooo. 0 f Based upon normal and standard underwriting criteria at the time of request, we should be in a position to provide Performance and Payment Bonds for David Mancini & Sons, Inc. It must be understood, I 2 however, that we reserve the right to review all contractual documents prior to final commitment to issue anybonds. z 0 3 David Mancini & Sons, Inc. is an excellent contractor and we hold them in high regard, We feel LU z extremely confident in them and encourage you to offer them an opportunity to execute any upcoming " projects. z e :: This letter is not an assumption of liability, nor is it a bid or performance and payment bond. It is issued W L; rn only as a bonding reference requested by our respected client. 2 Please understand that our willingness to provide surety on this or any project is predicated upon specific criteria at the time of the bond request including, but not necessarily limited to, a review of all contract z " documents, bond forms, financing and all other pertinent underwriting factors. r u CY ",f I can provide any additional information on thii fine company, please do not hesitate to give me a call 2 at (305) 722-2663. z President 8000 Governors Square Boulevard Suite 101 Miami Lakes, FL 33016 P: 305.722.2663 F: 305.558.9650 www ntelsonborids.com November 17,ZOPO Thea Carrasca, Ph.D.,.Prawrernent Coordinator City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 RE: Assignment af Job Order Contract IT5 23-08/09 Mr. Carrasco: Unitach B~i~tfcr5 would like to assign lab Order Contract No. 23 08/09 C-larizontal Citywide Services with the City of Miami Beach to David Mancini and Sons, Inc. This assignment will be effective upon City Commission approval on'Dscember 8, 2 010, . If you haveany questions, please do not hesitate to contact me. Thank'you, Anthony R tomez President 161 15 SW 11 7 Avmurs, Suitc '23 * Miami, Florida 33 1 77 Pilotre 305.259,1980 -Fax 305.259.197U CGC # 054992 COMMISSION ITEM SUMMARY Condensed Title: A Resolution revising the "Special Events Requirements and Guidelines," by amending sections entitled "Weddings and Ceremonies," "Minimum Requirements," "Internal Review Procedure," "Criteria for Grant of a Special Event permit," "External Review Procedure," "Adherence to Regulations and other Poicies," "Beach Vehicle Access Policy," "Event Signage," "Product Promotion/Temporary Sampling", Enforcement and Penalties; and further amending the special event fee schedule. Key Intended Outcome Supported: Improve availability and accessibility of special events. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey indicated that more than two-thirds of all residential respondents surveyed, 69.6%, reported the City is doing either a "very good" (17.5%) or a "good, (52.1%) job handling events that attract large crowds to Miami Beach. This number is up from Issue: Item SummarylRecommendation: I The City Commission on September 20, 201 0 via Resolution No. 201 0-2751 9 approved amendments to the City's special event fees that instituted late fees and wedding permit fees. Amendments incorporating these changes into the Guidelines. The Administration is also recommending additional amendments to the Guidelines to conform penalty provisions to the noise ordinance. In July 2009, the Land Use and Development Committee discussed the City's special event permitting process. As a result of that meeting, the Land Use and Development Committee instructed the Administration to prepare an ordinance adding review criteria to the Planning Board's Conditional Use process that evaluates the way Special Event Permit related to the Board's Final Order. Additionally, the Committee also asked the Administration to review additional special event regulations that may need to be codified. Subsequently, the Administration reviewed the guidelines and determined that the City's Administrative Policy for repeat violators of special event permits should be formally incorporated into the guidelines. They were developed to clarify Section 12-5(9)(b) of the City Code and impose additional penalties, in addition to fines for violations of this Section of the City Code. On May 25, 2010, the Neighborhoods and Community Affairs Committee reviewed the City's temporary sampling regulations and recommended revisions to the guidelines regarding distance separation from existing sidewalk cafes and tightening the definition of "mobile1' sampling. This amendment to the guidelines is also being recommended at this time. The amendments prohibit sampling from moving vehicles and sampling within 20 feet of an approved sidewalk cafe. While these restrictions were referenced, the Committee felt the guidelines needed further clarification. Additional changes clarify the Vehicle Access Pass policy as pertaining to all beach, park and pedestrian use areas. Currently the pass is intended only for beach use. Another change clarifies waiver provisions for non-profit groups. Attached are the detailed amendments to the Special Event Requirements and Guidelines. The Administration recommends approval of the Resolution. Advisory Board Recommendation: I Finance and Citywide Projects Committee recommended approval during their June, July and August 2010 meetings. I Financial Information: I source of Amount I Account City Clerk's Office Legislative Tracking: I Max A. Sklar, Tourism and Cultural Development Director Funds: n OBPl Sian-Offs: I 2 Total AGENDA ITEM e7 W MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: Mayor Matti Herrera Bower and Members of the City Commission # Jorge M. Gonzalez, City Manager December 8, 2010 SUBJECT: A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI BEACH, REVISING THE "SPECIAL EVENTS REQUIREMENTS AND GUIDELINES," BY AMENDING THE SECTIONS ENTITLED "WEDDINGS AND CEREMONIES," "MINIMUM REQUIREMENTS," INTERNAL REVIEW PROCEDURE," "CRITERIA FOR GRANT OF SPECIAL EVENT PERMIT," "EXTERNAL REVIEW PROCEDURE," "ADHERENCE TO REGULATIONS AND OTHER POLICIES," "BEACH VEHICLE ACCESS POLICY," "EVENT SIGNAGE," "PRODUCT PROMOTIONITEMPORARY SAMPLING", AND "ENFORCEMENT AND PENALTIES;" AND FURTHER AMENDING THE SPECIAL EVENT FEE SCHEDULE, AND HEREBY PERMITTING AND RESTRICTING FURTHER USES ON PUBLIC PROPERTY. ADMINISTRATION RECOMMENDATION Adopt the resolution. BACKGROUND The City of Miami Beach has become the location of choice for a number of activities and special events in South Florida. The Tourism and Cultural Development (TCD) Department coordinates the permitting of special events, including review by the appropriate neighborhood association, in an effort to complement the ambience and aesthetics of the area in which the events are presented. TCD supports events on public property and other properties where the proposed event requires a Special Event Permit and is responsible for assisting producers with special events guidelines and permit requirements and the issuance of Special Events Permits. In addition, TCD staff serves as liaison between local and regional associations and agencies in addressing the delivery of city services, and assists neighborhood associations with maintenance of events criteria. A City of Miami Beach Permit is required for special events, which is defined as a temporary use on public or private property that would not be permitted generally or without restriction throughout a particular zoning district, but would be permitted if controlled with special review. Applications are processed on a first come, first serve basis unless otherwise provided for under the booking policy. Applicants must provide 60 days notice for public use and 30 days notice for private use. The special event process is a review and approval process in which all aspects of an event are coordinated through internal, neighborhood and permitting reviews. In 1988, the City Commission approved a set of requirements for any applicant who wishes to hold a special event in the City of Miami Beach. The Special Events Requirements and Guidelines were designed to help guide applicants through the process of applying for a Special Events Permit, while ensuring minimal disruption to the impacted surrounding environment. In 1995, via Resolution No. 95-21684, several revisions to the guidelines were adopted, but the procedures set forth did not adequately address a variety of issues associated with the production of special events. In 1998, via Resolution No. 98-23003, the guidelines were amended to incorporate direction received from neighborhood associations, property owners and citizen groups. Subsequently, in 2001, Ordinance No. 2001-3302 and the corresponding Resolution No. 2001-24341 Page 2 of 4 December 8,201 0 City Commission Meeting Special Events Guidelines Amendment 201 0 were adopted by the City Commission, which codified the Special Event permit process and adopted separate guidelines with procedures, requirements and criteria for the issuance of permits for special events in Miami Beach. In July 2005, additional amendments were made to the City Code and Special Events Requirement and Guidelines relating to the definition of a special event, consecutive day clause, permit application deadlines, neighborhood review and fines associated with the special event permit. In 2008, via Resolution 2008-26908, additional amendments to the Special Event Guidelines were made pursuant to direction from the Finance and Citywide Projects Committee. In addition to generating additional revenue for the City, a permit process for promotional hand-to-hand giveaways, which were unregulated by the City and took place regularly throughout the City without a permit, was created. These giveaways range from food (e.g. yogurt, protein bars, chips, etc.), to drinks (e.g. sodas, energy drinks, etc.), to products (e.g. sunscreen, chapstick, t-shirts, CD's, etc.). The Amendment to the Special Event Requirements and Guidelines was approved on September 17,2008 by the City Commission and became effective October 1, 2008. PROPOSED AMENDMENTS The following amendments to the guidelines are recommended to address recent changes approved by the Commission: As you may recall, weddingslceremonies were previously handled with an informal permitting process. A member of the public who would like to hold a simple weddinglceremony on public property with minimal elements (chairs, runner, and archway), would notifL the City in the form of a simple one-page questionnaire submitted online via the City's website. The City then confirmed the elements and authorized the use. The Administration conducted a cost recovery analysis of the weddinglceremony permit process. Based on an annual average of 250 weddinglceremony permits being issued, the City spends $123 to process a permit. Based on this cost, during the budget process this year, City staff recommended the charging of a permit fee. Additionally, at that time the Administration recommended the implementation of late fees for special event permits. Approximately one quarter of all permit applications are either submitted late or requirements are submitted past required deadlines. The Administration believes a late fee is necessary to encourage applicants to be more responsible and, if they are not timely, to pay a penalty. The late fee that was presented to the Finance Committee during this year's budget process was as follows: If application is received later than required deadline (60 days for events on public property; 30 days for events on private property) andlor if requirements for approval of special event permit are not received in the Office of Special Events 15 days before the load-in of the event commences. 0 to 1499 attendees $250 1500andaboveattendees $500 During the June, July and August 25 Finance and Citywide Projects Committee meetings, the Committee discussed the aforementioned fees and subsequently directed the City Administration to implement new fees in the FY 201 011 1 budget for wedding ceremonies ($1 25) and to institute late fees for special event permits. These changes to the special event fees were approved by the City Commission on September 20, 201 0 via Resolution No. 201 0-2751 9. The proposed amendment will include this information in the guidelines (Section I.A.111 -Weddings and Ceremonies; Section I.A. VII - Minimum Requirements; Late Application Fee). In July 2009, the Land Use and Development Committee discussed the City's special event permitting process. As a result of that meeting, the Land Use and Development Committee instructed the Administration to prepare an ordinance adding review criteria to the Planning Board's Conditional Use process that evaluates the way Special Event Permits relate to the Board's Final Order. Additionally, the Committee also asked the Administration to review other special event regulations that may need to be Page 3 of 4 December 8,201 0 City Commission Meeting Special Events Guidelines Amendment 201 0 Subsequently, the Administration reviewed the guidelines and determined that the CitylsAdministrative Policy for repeat violators of special event permits should be formally incorporated into the guidelines. They were developed to clarify Section 12-5(9)(b) of the City Code and impose additional penalties, in addition to fines for violations of this Section of the City Code (Section Ill). The policy states the following: In the event of a fourth violation of a condition of a special event permit within the preceding 12 month period of time, in addition to the fine, the property andlor event producer will be restricted from receiving a special event permit for a three (3) month period of time. In the event of a fifth violation of a special event permit within six (6) months following the 4th offense, in addition to any fine, the property andlor event producer will be restricted from receiving a special event permit for an additional six (6) month period of time. Furthermore, the property andlor the event producer are considered to be a habitual offender. Each violation shall constitute a separate offense for which a separate fine is imposed. An offense shall be deemed to have occurred on the date the violation occurred. Restrictions imposed pursuant to this section shall be imposed by City Administration after finding an offense warranting suspension or restriction has occurred. Additionally, the event security deposit will be immediately forfeited upon the issuance of a written offenselviolation. The City may increase the security deposit requirement for any future permit. On May 25, 2010, the Neighborhoods and Community Affairs Committee reviewed the City's temporary sampling regulations and recommended revisions to the guidelines regarding distance separation from existing sidewalk cafes and tightening the definition of "mobile" sampling. This amendment to the guidelines (Section I.A.V. - Product Promotion/Temporary Sampling) is also being recommended at this time. The amendments prohibit sampling from moving vehicles and sampling within 20 feet of an approved sidewalk caf6, outdoor cafe, outdoor restaurant, etc. While these restrictions were referenced, the Committee felt the guidelines needed further clarification. Adds additional criteria for the Manager's consideration when considering a special event permit for events that feature a public benefit component (Section 1.B.ll.e.). Includes language clarifying that the City is not responsible for any expenses incurred by the applicant (Section I.B.111.). Adds the Monthly Special Events Community Review meeting as an additionallalternative review opportunity (Section I.C.). Changes from "weeks" to "days" the requirement for the deadline for payment for City services (Section I.D.11) Includes clarification language for required verification for light post banners for 501 O 3 non-profits (Section II.E.III). Additional proposed changes clarify the Vehicle Access Pass policy as pertaining to all beach, park and pedestrian use areas. Currently the pass is intended only for beach use. This change allows proper regulation of safety needs for events that require access to non-beach authorized areas, such as greenspace (Section 1I.A). Another change clarifies waiver provisions for non-profit groups (Section I.A.VII- Minimum Requirements) and amends the submission date for the Indemnity Agreement and lnsurance documents (Section I.A.VII - Minimum Requirements, lndemnity Agreement; Insurance Requirements). Additionally, language regarding a Reinstatement fee has been included in this section. Page 4 of 4 December 8,201 0 City Commission Meeting Special Events Guidelines Amendment 2010 CONCLUSION The Administration recommends amending the Special Events Requirements and Guidelines, as specified in the attachment to reflect previously approved changes to the Special Event Ordinance, as well as to reflect clarification language. Pursuant to Chapter 12, Article 2, Section 12-5 of the City Code, changes to the Special Events Requirements and Guidelines must be approved by Resolution. These attached amendments to the Special Events Requirements and Guidelines will provide better oversight and regulation. T:\AGENDAL?OIO\December 8\Consent\Special Events admendment Guidelines memo - Nov 2010.doc City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov TOURISM AND CULTURAL DEVELOPMENT FILM & EVENT PRODUCTION MANAGEMENT Tel: 305-673-7577 , Fax: 305-673-7063 UPDATED ~Plovember XXBU SPECIAL EVENTS REQUIREMENTS AND GUIDELINES The City of Miami Beach ("City") hosts a wide variety of special events that enrich the community for both visitors and residents. To mitigate the ever-increasing demands made upon City resources and infrastructure, applicants are required to present proposed special event activities to potentially impacted neighborhood associations and appropriate City departments to ensure that these events are compatible with the surrounding neighborhoods. This process assists in evaluating and assessing the City's resources, both in terms of personnel and use of public property and right-of-ways, to adequately protect the public safety, health and welfare of the community. This review may also require a more detailed and coordinated Major Event Plan, especially during holiday or repeat event periods that have a high impact on City services. The Special Events Ordinance (Chapter 12, Article II, Section 12-5 of the Miami Beach City Code) and the Special Events Requirements and Guidelines are intended, insofar as possible, to mitigate the costs of City services for special events, although it is not the intention that the costs of special events permit fees be used for revenue generation. The intent of the Special Event Ordinance and the Special Events Requirements and Guidelines is: To insure the City will have adequate advance notice of a proposed special event and the cooperation of the organizers to adequately plan City services (such as security, sanitation, parking, and traffic control) that may be required for such an event. To insure that the City's beaches, parks, and public right-of-ways are protected and conserved, by limiting the number and type of events held in these areas; and To preserve the City's commitment to attract quality events with significant cultural and entertainment enrichment for the community at-large. This Special Events Requirements and Guidelines package has been designed to help guide applicants through the process of applying for a special events permit, and to minimize disruption to the impacted surrounding environment. Special Events Requirements and Guidelines 1. APPLICATION PROCEDURE A City Permit is required for special events. A "special event" is generally defined by the City as a temporary use on public or private property that would not be permitted generally or without restriction throughout a particular zoning district, but would be permitted if controlled with special review in accordance with this section. Applications are processed on a first come, first serve basis, unless otherwise provided for under the booking policy herein (Section II. B). A. STEP I : Application and Questionnaire Forms All persons or entities interested in conducting a special event must complete an application and questionnaire listing all required information. Please refer to Appendix A for a copy of the application. 1. EVENTS ON PUBLIC PROPERTY All events taking place on public property, whether produced by a not-for-profit or for profit entity, and including, but not limited to, festivals, parades, performances, and broadcasts require a special event permit from the City. Applications and questionnaires must be submitted with a minimum of SIXTY (60) days notice, in order to process prior to the proposed event. II. EVENTS ON PRIVATE PROPERTY Applications and questionnaires for events proposed to take place on private property where such event would be considered a 'special event' under the City's Special Events Ordinance and these Guidelines, require a minimum of THIRTY (30) days notice prior to the proposed event. Events or activities that do not require special event permits are recurring activities that are typically not open to the general public, and are customary and incidental to a permitted main or accessory use, whether by paid admission or not, and require no additional permitting. Examples of customary uses for hotel properties include, but are not limited to: Weddings; Bar Mitzvah; Bat Mitzvah; Anniversaries; Baby Showers; Engagement parties; Wedding Showers; Holiday events; Awards functions; Networking Events; Fund Raisers; Charity Events; Incentive group functions (meetings, etc.); Corporate group functions (meetings); Convention group functions (meetings); Community based organization meetings; Reunions; Prom; Seminars; Sweet Sixteen; Press Conferences; Product Announcements; Political functions ( including kick offs, election night or during a campaign). Non-recurring events or activities that have extraordinary or excessive impacts on public health, safety or welfare, not normally associated in type or quantity with permitted main or accessory uses, shall require a special event permit. For example: When temporary structures are erected (South Beach Food and Wine Festival's "Bubble Q", Art Basel), etc.); or When a temporary occupant load is required; or Television, entertainment events or casting calls open to the public (American Idol); or Musical performances (Winter Music Conference). Conditional uses are recurring activities open to the general public, whether by paid admission or not, identified in the City's Land Development Regulations, and requiring a public hearing (e.g., Neighborhood Impact Establishments or Outdoor Entertainment Establishments such as Sky Bar, Raleigh Hotel Sunday Soiree, etc.). Special Events Requirements and Guidelines 103 Non-conforming uses in residential districts are prohibited from obtaining special event permits. Additionally, consistent with Section 142-693 (c), Section 142-302, and Section 142-485 of the City Code, special event permits will not be issued to non-conforming properties south of Fifth Street, or in the area generally bounded by Purdy Avenue on the west, 2oth Street on the north, Alton Road on the east, and Dade Boulevard on the south. Ill. WEDDINGS AND CEREMONIES A WeddingICeremony Permit allows for a singular temporary use of public property in the City, other than within existing rental areas of the Parks Department. A WeddingICeremony Permit allows for limited elements ("Elements"), defined as the following: chairs, runner, arch1 chupa, battery operated stereo, acoustical performer(s), riser (48" or less) and a single 10'X1OJ pop up tent. Any additional Elements or activity exceeding the Guidelines and restrictions (see below), inclusive of an adjacent reception would require special event permitting, or prior written approval of the City Manager or hislher designee. REQUIREMENTS: 1. A completed WeddingICeremony Permit application, detailing exact location, date, times, Elements and number of attendees shall be submitted no less than 30 days prior to weddinglcerernony. 2. A site plan of the weddinglcerernony area and Elements, detailing area features and showing measurements of entire site. 3. A $125.00 Wedding1 Ceremony Permit fee, payable to The City of Miami Beach and due before commencement of activity. 34. Approved signature survey from any and all contracted or concession user(s) if the area requested falls within a contracted or concession use. RESTRICTIONS: Dn rD re ,- . &I ~irtezo site. Vehicles will be permitted in areas designated for authorized use only, including beachlsand, parks, sidewalks, pedestrian access areas, with prior written approval of the City Manager or his1 her designee approval and vehicle beach access passes ($150.00 ea.) in conformity with Beach Vehicle Access Policy herein (Section D. II. A.). $2. From Apd-Mav lSt through October 31'' additional restrictions will apply per State of Florida Department of Environmental Protection ("DEP") Marine Turtle Guidelines. DEP permits may be required throughout the year. 43. Following the weddinglcerernony the beach andlor public property must be left in good condition. Applicants must arrange to clean the area following the weddinglceremony. IV. MARKETS - For information on how to become a market producer or vendor, please contact the City of Miami Beach Procurement Department at 305-673-7490. V. PRODUCT PROMOTION/ TEMPORARY SAMPLING - A Temporary Sampling Permit allows for the non-permanent and mobile distribution of single serving goods or services to the public with no direct or indirect commercial exchange provided on public property within the commercial and mixed-use zoning districts of the City. REQUIREMENTS: Applicants wishing to procure a Temporary Sampling Permit shall provide the following information to the City's Department of Tourism and Cultural Development no less than 10 working days prior to said activity: 1. Application for Temporary Sampling Permit. 2. Samples andlor descriptive literature of products or services to be distributed. 3. Quantity of product(s) to be distributed. Special Events Requirements and Guidelines 5 4. General Liability Insurance of no less than One (1) Million U.S. dollars or equivalent value naming the City of Miami Beach as additional insured and certificate holder including the City's address as per Section A VII (INSURANCE REQUIREMENTS). The certificate must not be older than 90 days. 5. Completed, executed and notarized Indemnification, holding the City of Miami Beach harmless for all approved activities as well as from effects of products or services sampled. 6. A permit fee of $2,000.00 per singular team, per day, payable to the City of Miami Beach and due before commencement of activity. A singular team is defined as no more than five (5) people in total distributing the same product in the location specified on the permit or within 500 feet of that location. This fee is refundable if permit is cancelled or denied. 7. A security deposit of $2, 500.00 is due upon submission of application. Security deposits will be refunded approximately 4-6 weeks post activity, if all restrictions are followed, public property is left in as good or better condition than when activity commenced, and all City invoices are paid. Failure to comply with restrictions imposed automatically results in forfeiture of up to full value of security deposit. 8. Identify location where the temporary sampling activity will occur. RESTRICTIONS: 1. Permittee or histher representative must maintain the original permit with them during the activity. 2. Permit is valid for only one singular team of no more than five (5) people in total for the location specified in the permit or within 500 fee of that location. 3. Permit is valid only for date(s) issued. 4. Permit is valid only for approved product(s) as presented in application and printed on permit. 5. Permittee is solely responsible for comprehensive sanitation of any and all areas utilized and their surrounding areas, inclusive of ensuring any sample by-product or literature discarded by the permittee, hislher representative, or the public is removed and discarded appropriately. 6. Permittee or histher representative may not at any time erect tables, tents, chairs, banners, flags, fencing, inflatables, signs or other elements in public areas or right of ways. 7. Permittee or histher representative may not at any time attach posters, flyers, stickers or other elements on buildings, trees, lightpoles, newspaper racks, telephone booths, or other public elements. Hand to hand distribution of information must follow City's Handbill Ordinance, as codified in Article 3, Section 46 of the City Code. A Temporary Sampling Permit shall not be required for the distribution of literature, periodicals or other non-product or service related materials, as !onq as it no exchangeable or redeemable value. 8. Permittee or histher representative may not reserve meters for the parking of promotional vehicles (skinned or unskinned). Any and all parking must be in accordance with the City parking regulations. 9, Permittee ma\! not distribute materials From moving vehicles. 0. Permittee or histher representative may not employ any generators, use electrical outlets or require, install or lay wiring across the public right of ways. P&"%. Permittee or histher representative must maintain no less than five (5) feet of unobstructed public access on sidewalks at all times. &q2. Permittee or histher representatives are bound by the Miami-Dade County and City of Miami Beach Noise Ordinances at all times. G43. If Permittee wishes to distribute material in an area contracted or permitted for concession, outdoor cafe, event, filming or other such use, Permittee must provide approved signature survey form from affected party. %14, 20 feet in any direction from the outside perimeter, as indicated in the site plan attached to the city issued ~ermit, of any outdoor cafe, outdoor restaurant, sidewalk cafe or other establishment serving food or beverages for immediate consumption; a15. The City does not permit stand alone product promotion events. Product promotions are only permitted for sponsors of permitted special events -and only within the permitted boundaries of such special event. PENALTIES: Violators of terms of a Temporary Sampling Permit may be subject to one or more of Special Events Requirements and Guidelines 6 the following: Revocation of permit and immediate cease and desist order issued. Forfeiture of full or partial security deposit at discretion of City Manager or his1 her designee. Subsequent doubling of previous security deposit for future applications. The product and/or other products from parent company will be restricted from distribution in any future Temporary Sampling Permits for a period to be determined by the City Manager or his1 her designee. Fines and further penalties as Article II, Section 12-5 (9) of the City Code. VI. RIDES AND AMUSEMENTS - The City does not allow for-profit carnivals, amusement parks, or carnival-related mechanical amusement rides. VII. MINIMUM REQUIREMENTS - The minimum requirements to apply for a Special Events Permit are: APPLICATION/PROCESSING FEE - This fee is non-refundable and must be made payable to the City of Miami Beach at the time of application. Please see attached Fee Schedule (Appendix D) to determine fee amount. c LATE APP!-BC&T/ON FEE - This additional fee, equivalent to the applicable amount as the application fee, will apply to all a~plications received after the noted deadlines (60 days on public property/ 30 days on private property). PLEASE W3TE: !..ate bap~;allca$ion Fees gzan~ot be waived. --. PERMIT FEE - This fee is refundable if application is denied and must be made payable to the City of Miami Beach at the time of application. Please see attached Fee Schedule (Appendix D) to determine fee amount. SECURITY DEPOSIT ($2,5001 $5,000)- A refundable security deposit will be required no later than thirty (30) days prior to the event. Based on the scope and location of the event, a pre- and post-event site inspection may be conducted by the applicant and appropriate City personnel to determine existing conditions and evaluate potential damages, if any. Security deposits will be refunded approximately 4 - 6 weeks after the event if all conditions are followed, public property is left in as good condition or better and without damage, and all City invoices paid. Failure to comply with restrictions imposed may result in forfeiture of the entire or part the security deposit. Any post-event balance or fines owed to the City, its employees, Departmental or Facility chargelexpenses, damage, repair or replacement cost(s), etc. may be deducted from the security deposit. Any unpaid balance owed exceeding the security deposit will be cause for refusal to accept future special event permit applications. Such applications will not be considered until all outstanding debts to the City are paid in full (i.e. License Fee, Code Enforcement Lien, Special Assessment Lien andlor any other debt or obligation due to the City under State or local law). PLEASE NOTE: Security deposits cannot be waived, INDEMNITYAGREEMENT - An Indemnity Agreement must be executed and notarized with an original signature and, if a corporation is the applicant or the application is filed on behalf of a corporation, the company seal must be affixed to the document. The Agreement must be submitted no later than fifteen (32s) days prior to load in of the event. INSURANCE REQUIREMENTS - The City of Miami Beach must be named as an additional insured and policyholder on all insurance certificates issued for the event. Special Events Requirements and Guidelines 106 All insurance policies must be issued by companies that are authorized to do business in the State of Florida, and have a rating of B+VI or better in the current edition of Best's Key Rating Guide. The Certificate of lnsurance must state the time, date, location and name of the covered event, including set-up and breakdown day(s), date(s), and time(s). Applicants have the option of submitting a Certificate of lnsurance for each policy year. The City of Miami Beach reserves the absolute right at its sole discretion to increase these requirements, as necessary, to protect the interests of the City, including an increase in the amount and type of coverage required, depending upon the scope and nature of the special event. Commercial General Liability - Commercial General Liability insurance, on an occurrence form, must be obtained in the amount of at least $1,000,000 per occurrence for bodily injury, death, property damage, and personal injury. The policy must include coverage for contractual liability. Worker's Compensation And Employer's Liability -Contractors must submit proof of Workers' Compensation and Employer's Liability in the form of a Certificate of Insurance. All other State regulations apply. Liquor Liability - If alcoholic beverages are to be sold or served at the event, the group or individuals selling or serving the alcoholic beverage must obtain Liquor Liability lnsurance in the minimum amount of $1,000,000. The sale of alcoholic beverages must be in compliance with the Liquor Control Regulations of the Code of the City of Miami Beach. The City's Risk Manager must approve the Certificate of Insurance. Once approved, the Certificate will be kept on file in the City's Risk Management Division. The insurance requirements must be met no later than (38s) days prior to load in of the event. PLEASE NOTE: lnsurance requirements cannot be waived: SITE PLAN - A preliminary site plan shall be submitted no less than 60 days prior to the event. A final site plan must be submitted no later than 30 days prior to the event. The site plan must show detailed diagram(s) drawn to scale of the event including: the location of concession booths, portable toilets, dumpsters, public, emergency and accessible routes, location of stages and entertainment and orientation of loudspeakers, locations for electricity and water, generators, lighting towers, NC units, fenced or walled areas, disability access elements such as accessible parking, accessible paths of travel, accessible portable toilets, and other relevant elements. All generators, lighting towers and NC units must be fenced in or barricaded to prevent crowds from coming into contact with them. In addition, a narrative describing all temporary installations must be attached for beachfront events. For purposes of herein, "beachfront" is described as seaward of the Coastal Construction Control Line. Once the site plan is approved it cannot be altered without the prior written consent of the City Manager or his/ her designee. o RE!NS"jPATEMEkYJ$" FEE - If a permit is denied because element requirements are submitted less than fifteen (15) da\/s prior to load in of event, an additional fee equivalent to the permit fee is rewired for continuation of coordination of the application. B. STEP 2: Internal Review Procedure Special Events Requirements and Guidelines 107 All proposed events with projected attendance of 200 persons or greater on public property, or private property where such event would not be incidental generally or without restriction throughout a particular zoning district, will be reviewed by the City's Internal Special Events Committee. The Internal Special Events Committee meets monthly and is composed of representatives from City departments, including, but not limited to Police, Fire, Tourism and Cultural Development, Public Works, Parking, Planning, Code Compliance and Parks Departments. The Committee will review and comment on the proposed site, security, parking, transportation, and any and all other necessary plans for the proposed event. These comments will be incorporated with those received through the neighborhood review process. Tourism and Cultural Development Department staff will indicate the specific requirements the applicant will need and the time frame for completing these requirements. The City Manager will make a final determination on an application for a special events permit within seven (7) days after all special events requirements applicable to the event have been fulfilled. Such requirements must be fully completed by the applicant no later than thirty (30) days prior to the event. Some requirements may require more time. No refunds will be made after a permit is issued; however, payment does not constitute permission to hold the event. All approved permits must be available for inspection on site at all times. For special events produced by ~~$~~~roipthsr equivalent and verWlabis bv state reeotd non-profit applica~ts not for profit organizations, the City Manager may waive permit fees, including but not limited to, rental fees for particular City properties, square footage rates for exclusive use of public property, concessions agreements for paid admissions fees, and sale of food, beverage and merchandise on public property, when such waiver is found to be in the best interest of the City. No waivers are allowed for personnel-based expenses (city services). In determining waiver of permit fees, no consideration may be given to the message of the event or content of speech, or to the identity or associational relationship of the applicant. 1. Major Event Periods (IWEP) - The City first evaluates the City's needs, impacts and quality of life issues during MEP's. The City will then also specifically evaluate the impact of events proposed to take place during holiday weekends and major event periods, which create a significant demand on City services and resources. The City may determine an MEP to have high intensity on City services and, therefore, may prohibit the issuance of special events permits during these periods. The City may also determine that enhanced City services are required during such periods. In such instances, costs for enhanced services will be shared equally by and between all permitted events. The City has identified a minimum of ten (10) holiday and repeat event periods which historically have a high impact on City services. It is realistic to expect these activity periods to continue to be popular in Miami Beach, bringing large crowds that will require additional City service levels and interagency support. These MEP's include, but are not limited to, the following: October - Columbus Day Weekend November -Thanksgiving Holiday December - Art Basel December- New Years Eve January - Orange Bowl Games January -Martin Luther King, Jr. Holiday February - Miami International Boat ShowIBrokerage Yacht ShowlFood & Wine Festival, and Super Bowl March - Winter Music ConferenceMlinter PartyISports and Fitness Festival May - Memorial Day Weekend July - Independence Day Celebration September - Labor Day Weekend Special Events Requirements and Guidelines 9 The Major Events Committee will take note of announced events and potential events of significance and initiate customized action plans. Each City department has specific action plans to address the requisite levels of service and outline their efforts and responsibilities associated with any upcoming major event planned within the City. Major Event Plan - The Major Event Plan attempts to address the impact of an event and set forth the action plan involved from a preparation and implementation perspective and sets forth each City Department's service levels contingent upon anticipated population levels associated with each MEP and ancillary/related events. II. Criteria for Grant of Special Event Permit - The City Manager shall be charged with the responsibility and authority to determine whether a particular applicant shall be granted a special events permit. The City Manager shall have sole authority, subject to the appeal process in STEP 3 of the Guidelines, to approve, approve with conditions, deny, and/or revoke a special event permits upon considering the following factors: 1. Type of Event a. The type of Event covers aspects of the event that relate to what demands the City is likely to experience and what kinds of attendees can be expected. Other benefits or detractors may stem from the hosting of one show versus another. Community profile, reoccurrence, and nature of the venue all are components to be evaluated in the Type of Event category. Another important aspect of is the value of ancillary events and conferences that may surround the event (other smaller shows / events). These may or may not be side events directly managed, or a part of, the event under review, or maybe shows and conferences from other sponsors that take advantage of the attendee population resident at the main show. The venues for these other ancillary shows could be local hotels, arenas and parks, and support the large event. Side events of this type may be considered a positive, from the additional economic impact they may provide, or they may be considered a detriment, depending on the nature and history of these side events. c. Whether the event is conducted for an unlawful purpose and/or in violation of Federal, State, County or Municipal laws. d. The existence of conflict or interference with another event or another applicant who has obtained a valid special event permit. When there are competing applications which are substantially for the same time and place, priority will be given on a first-come, first-served basis, but a first priority will be given to a pre-established, annual event, which is defined as one which has a minimum of five (5) consecutive years of existence in the City under the same ownership, is in good standing (which includes being current on all prior debts), and has complied with other applicable all obligations to the City in a timely fashion. e. Whether the event, if public (as opposed to a privatized or corporate use), features a public benefit component as its primarv function and is not, in and of itself, largely a promotional use desicrned lo advertise or create publicitv for product(s) to the public. 2. Economic Impact to the City a. The City will consider the event's long-term, short-term, and indirect effects on profitlcosts to local economic industries, including but not limited to hotels, restaurants, entertainment establishments, retail, and the City. b. The City will also consider events undertaken by not-for-profit organizations that demonstrate directly helping a charitable cause. c. An Economic Impact Survey is required to determine if an event has demonstrated a Special Events Requirements and Guidelines 10 positive economic impact to the City. 3. Infrastructure and Service Demands (Quality of Life) a. The City will consider whether the event is compatible with the surrounding neighborhoods and complements the ambience and aesthetics of the area in which it is presented. b. The City will consider whether the event poses a public threat to residents, businesses, and visitors, not considering content of speech, message, or reaction to the message. c. The stress that a show may place on various City services is considered in the evaluation process. Expenses associated with additional crowd control, policing, security, parking, and traffic shall be considered. d. The City will also consider the availability of these needed resources including time, people, money and equipment. e. Additionally, more intangible aspects of the effects that an event may have, relating to the quality of life aspects that may positively or negatively impact the local flavor of the City and the lives of the resident population, are also considered in this area, including the urgency of the event, the realistic time frame, and other events taking place in the City and South Florida area at the same time. f. Interference with traffic in the area contiguous to the event, and availability at the time of the proposed event of sufficient City resources to address the events potential impacts and mitigate the potential disruption. g. Availability of police officers, traffic control aides and traffic control equipment to protect the participants in the event and protect the non-participants from traffic related and other hazards in light of the need and demand for police protection at the time of the proposed event. h. Concentration of persons, vehicles or other structures at the event and feasibility of disbanding the area in order to allow fire, police and ambulance services. i. Substantial likelihood of subjecting neighborhood in immediate vicinity of proposed site of event to unreasonable and prolonged noise, littering, or parking difficulties. j. City services required for the event cannot be reasonably made available at the time of the proposed event. 4. References a. The event shall provide references from other locations that it has used. The evaluation should consider not only the references themselves but the quality of the references and the sources from which they come. A list of references that cover not only the previous venues for that event, but also the references from that City, its police and any civic organization that the past venue impacted showing the good citizenship and positive economic impact the event has had in other places where it has been held. b. Whether same or similar event has a history of causing or resulting in a threat to public safety in Miami Beach or elsewhere, except that if the public safety problem was caused by crowd reactions to the event's message, this factor alone, shall not be sufficient cause to deny or revoke a City special event permit. c. Material misrepresentation or incorrect material information made in the application process. Prior to a denial or revocation based on this factor, the City Manager shall give the applicant an opportunity to cure, satisfactorily rebut, or revise such evidence. Special Events Requirements and Guidelines 110 d. Failure to complete payment of any sums required for a previous event until such time as payment is received. e. Failure to substantially perform a clean-up plan which was made a condition of a previous permit. f. Failure to adhere to City policy as prescribed by the Special Events Requirements and Guidelines, or other applicable laws where the health, safety and welfare of the community is potentially affected. 5. Promotional Value a. Is the event under consideration a high profile event with good name recognition and a good reputation? The evaluation must try to assess the importance of having the City and the event linked in the press. All positive results that may be derived from the association should be considered. It may be that the value of having the event lies in the other high profile events that traditionally follow this one. b. Also, positive publicity surrounding a high profile event may have had the effect of long term increases in local tourism and free positive publicity for the area as a whole, increasing general business activity. No permit shall be denied nor shall the applicant for a permit be given less favorable treatment as to time, manner and place on account of any message which may be conveyed at an event, or on account of the identity or associational relationships of the applicant. No permit shall be denied nor shall the applicant for a permit be given less favorable treatment as to time, manner, or place on account of any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event, provided that reasonable accommodation as to time, manner and place may be required in order for the City to provide the resources necessary for protection of health, safety and welfare. No event applicant or permittee, shall be required to provide for, or pay for the cost of, public safety personnel necessary to provide for the protection of an event and its attendees from hostile members of the public or counter-demonstrators, or for traffic control outside the event area or for general law enforcement in the vicinity of the event. Ill. Criteria for Approval of Permit - After all required elements are completed, and City Departments and impacted neighborhoods have reviewed and submitted their comments regarding an application, the City Manager shall do the following: Approve the permit; Approve the permit with conditions; or Deny the permit upon conditions (as set forth in these Guidelines). If the permit is approved, the City Manager, in consultation with the heads of the affected City Departments, shall also impose any necessary restrictions or conditions as to the time, manner and place to be observed in accordance with public safety, environmental and administrative considerations (based upon the application), provided that such considerations shall not include any consideration of the content of any speech or message that may be conveyed by such event, nor by any considerations concerning the identity or associational relationships of the applicant, nor to any assumptions or predictions as to the response that may be aroused in the public by the content of speech or message conveyed by the event. After the City Manager approves the issuance of a permit, the applicant may obtain such permit by agreeing to accept the "Terms and Conditions" imposed in accordance with these Guidelines. Special Events Requirements and Guidelines 12 If the City Manager denies or subsequently revokes a permit, he will provide the applicantlpermit holder with written notification and reasons for the deniallrevocation of the permit (which shall be consistent with the criteria in these Guidelines). It is understood and inherent as part of the application process and aqreed to wxm-by applicant upon submittal that application does not constitute approval and any and all marketing or produdion expenses incurred are solelv the responsibilitv of the applicant and not the resoonsibilily of the Citv regardless of the application's a~~roval or iwh-wM4 denial. IV. Natural Disaster/Weather - The declaration of an emergency, threat or a natural disaster, including extreme weather or the existence of a national threat, shall be just cause for the denial or revocation of a Special Event Permit. Under extreme weather conditions, including lightning storms, the City may temporarily suspend all operations or cancel an event. C. STEP 3: External Review Procedure Special events in the City of Miami Beach are subject to review and recommendation by the corresponding neighborhood or business association(s) and/ or as pat3 of a rnonthlv Special Events Community Review. Applicants will be required to present their plans to the appropriate neighborhood association. In the case where there is no legally constituted/recognized association and the expected event attendance exceeds 200, the matter may be referred to the City of Miami Beach Planning Board for review and recommendation. Recommendations from the respective associations or the Planning Board, stating its position on the proposed event, should be submitted to the Special Events Office at least 30 days prior to the event. The City will only recognize neighborhood associations that have filed for and received official neighborhood status. In order to receive official neighborhood status, organizations must meet the City's criteria. The City's criteria and a list of recognized neighborhood associations can be found on the City's website at www.miamibeachfl.aov. The City Manager shall consider recommendations from neighborhood association(s) in determining whether to grant a Special Event Permit or what conditions to impose upon granting of the permit. Notwithstanding, the City, through the City Manager, reserves the right to approve, approve with conditions, deny, andlor revoke any Special Event Permit. Permits may not be transferred, assigned or sublet, without prior written approval of the City Manager. The final decision for authorization of a Special Event Permit remains with the City Manager subject to an appeal as follows. In the event of a lack of consensus between the neighborhood association(s) (or Planning Board) and the City Manager regarding a decision on a permit, the association(s) (or Planning Board) may appeal the Manager's decision to the Mayor and City Commission for consideration at its next available meeting. The appeal must indicate in writing the association's (or Board's) reasons for disagreement with the Manager's decision in approving or denying the permit being appealed. Such appeal also must be accompanied by a written resolution of a majority of the board of the association (or the Planning Board) indicating the decision to file the appeal. The Mayor and City Commission may affirm, modify or reverse the decision of the City Manager. If the date scheduled for the proposed event arrives before the next available Commission meeting, the decision of the Manager will be final. If approval of the proposed event is delayed such that the event cannot be held on the date(s) and time(s) specified in the permit application, or if the event is not approved at all, the City will not be held liable for any expense(s), losses, or liabilities or other inconveniences incurred by the applicant as a result of same. Special Events Requirements and Guidelines 112 D. STEP 4: Coordination of City Services Special events often require the supplementing or hiring of City services. The City's Special Events Office will review comments received during the internal and external review processes and will determine minimum staffing levels, with recommendations from the relevant Department directors. The City may also determine that enhanced City services are required during Major Event Periods (MEP's) in order to mitigate excessive stresses on City resources. In such instances, costs for enhanced services will be shared equally by and between all permitted events. The City assumes no liability arising or resulting from the determinations of minimum staffing levels or the requirements for any events. A list of frequently required services is provided herein. Fully paid receiptslinvoices for required supplemental or City services and equipment rental must be submitted to the Special Events Office no less than two (2) weeks prior to an event. Any additional services rendered by the City for the event will be charged to the applicant and may be deducted from the security deposit. When City personnel are employed, there will be a four (4) hour minimum charge rendered by the appropriate Department to compensate each employee engaged by the applicant. 11. ADHERENCE TO REGULATIONS AND OTHER POLICIES The City of Miami Beach reserves the right to provide services that it believes are necessary and sufficient to safeguard and ensure the health, safety and welfare for all participants, visitors, businesses, staff and general citizenry. All arrangements for services or facilities shall be staffed and paid for at wedsfifteen (15) days prior to load in of the event. An applicant's budgetary constraints cannot dictate staffing levels required for public safety. In addition to compliance with all applicable Federal, State and County regulations, the applicant shall comply with all City codes, regulations, and laws. Any other permits, as may be required by the City of Miami Beach, Miami-Dade County, the State of Florida, or the Federal government, must be obtained and adhered to. It is the sole responsibility of the applicant to obtain all permits and comply with all requirements, including but not limited to those described herein. The City of Miami Beach, under no circumstances, guarantees, warrants or represents that the issuance of a Special Event Permit exempts the event from obtaining, or ensure the obtaining of, any permits or complying with any requirements which may be required currently or in the future by any Federal, State or local authorities, including other permits that may be required by the City. The City Manager has the authority to alter or end an event at any time it is determined necessary to assure the continued health, welfare and safety of the City's residents and visitors. Lack of compliance with the City Manager's directives, including but not limited to, audio volume and adherence to site plan, shall be sufficient cause to warrant an event's closing (or other remedies provided in the City Code or herein). Issuance of a required Federal, State, or local permit does not authorize permission to hold an event. A City Special Event Permit must be issued to constitute authorization from the City to hold the activity. All pre-payment schedules for City services are due, as indicated, except the City reserves the right to waive this requirement for events which have an exemplary prompt payment history with the City established over the course of at least five (5) years. A. hicle Access Policy - Whenever possible, All Terrain Vehicles (ATV's), all terrain gators, andlor should be utilized by event producers for events taking place on the beach or in pedestrian areas such as parks. Notwithstanding the above, certain events taking place on the beach, in a arks or other authorized use areas may require vehicular access to M such areas for the purposes of loading-in and out of equipment for the event, and must be removed from -such areas immediately thereafter. There is a vehicle acc $150.00, per vehicle, per event. E may purchase a maximum of ten (10) Vehicle ccess Permits per event. A Vehicle Special Events Requirements and Guidelines 14 Permit will be issued by the Special Events Office and must be displayed on the windshield of every vehicle on the beach. All such vehicles must be escorted on authorized use area by either City of Miami Beach vehicles will be restricted to the location(s) listed o All operating vehicles on the beach, park or other authorized use area kxmh-shall follow the procedures listed herein: o Due care and caution will be utilized at all times while driving any vehicle on the beach, rsark or other authorized use area-. o All vehicles on the beach, park or other authorized use area ba%-shall enter and depart the area beach at the nearest access point to the call. o Prior to entering the beach, ark or other authorized use area , vehicle headlights and overhead flashing lights (if equipped) or flashers will be turned on. o Drivers must turn off radios and shall roll down both the passenger and driver's side front windows of their vehicle while operating a o Maximum speed allowed on the o Vehicles, SUVs, and trucks are prohibited from driving on the soft sand where hard pack sand exists. o Vehicles, SUVs, and trucks shall stay west of the garbage cans on the hard -pack sand at all times. o Do not drive over hills or berms (dunes) or near objects that may obstruct your view. o If you stop and exit your vehicle, walk completely around the vehicle prior to reentering your vehicle and moving it. o Traffic cones (orange, 18" high) must be placed at the front and rear of vehicles when parked on the -beach, park or other authorized use area. o Use of a cellular phone or walkie talkies o Personal vehicles are prohibited on the at anytime. These procedures are to be complied with at all times by anyone operating a vehicle on the beach, park or other authorized use area&&. Failure to comply with these procedures may result in immediate revocation of the permit and termination of the event. B. Booking Policy - Public locations are booked on a first-come, first-served basis, but a first priority will be given to pre-established, annual events, which are defined as those events having a minimum of five (5) consecutive years of existence in the City under the same ownership; which are in good standing (which includes being current on all prior debts); which have complied obligations in a timely fashion to the City; and which have demonstrated a positive economic impact on the City of Miami Beach. A special event shall not be booked if it interferes with a previously scheduled activity, event or repair work scheduled for the proposed site. The City Manager may take into account simultaneously occurring events in the region or other factors that would impact the City's capability to host an event before approving an event. H. Consecutive-Day Clause - In no case shall a permit be issued to an applicant or venue, for substantially similar events, for more than four (4) consecutive days or five (5) non-consecutive periods of not more than four (4) consecutive days each during the course of a calendar year. A separate Special Event Permit shall be required for each individual venue of a multi-venue event. Certain public locations are appropriate for special events, but do not have certificates of use and occupancy defining their use. Such locations shall not be limited to the five (5) non-consecutive days per year limitation. Business or merchant associations are permitted to have events throughout the calendar year that promote and encourage patronage of the businesses in the geographic boundaries of the association. These events may NOT be retail oriented and MUST be free and open to the general public. A Special Event Permit may be required for such events and shall be obtained by the association. Such Special Events Requirements and Guidelines 15 approvals shall abide by the City's Special Events Requirements and Guidelines. Citywide special events and conventions including, but not limited to, Art Basel, Winter Music Conference, and Miami International Boat Show, shall not count against the aforementioned clause. The City Manager shall have the discretion to approve a Special Event Permit for events which exceed the consecutive day clause, and shall also have the discretion to amend, modify or temporarily suspend the permit for such events. C. Concession Agreements - All events which include retail sales or vending will be required to enter into a written concession agreement with the City. Beachfront and non-beachfront events shall provide 15% and 10% respectively of all gross revenues derived from admissions and the sale of food, beverages, and merchandise. In the case where a producer rents booths for the sale of food, beverage and merchandise, the gross rate shall be calculated on the rental and/or concession revenues received by the applicant or the gross revenue generated by the concessions regardless of whether the applicant derives direct or indirect financial gain from such revenue. Copies of concession agreements and full disclosure of all principals must be provided to the Special Events Office two (2) weeks prior to the event. A notarized statement, certified by a Certified Public Accountant (CPA), of the above referenced revenue, along with payment of the aforementioned percentage, must be provided to the City no later than thirty (30) days following the event. The Security Deposit on file will not be released until such statement and payment have been submitted to and accepted by the City. Under the terms of the agreements between the City of Miami Beach and its beachfront concessionaires , there exists exclusivity for rental of beach equipment, water and recreational equipment, food and beverage service on the beachfront, east of the coral rock wall at Pier Park (Biscayne Street to First Street); and east of the sand dune in Lummus Park (from Fifth Street to Fourteenth Lane); Ocean Terrace (73 Street to 75 Streets); and North Shore Open Space Park (79 Street to 87 Streets). Additionally, the City may enter into additional agreements in the future with beachfront concessionaires for other beachfront locations seaward of City-owned property and/or seaward of street-ends at public right-of- ways. Any proposed special event to be held on the beach within one of the aforestated concessionaire's jurisdiction is subject to review by the concessionaire. Notification to the concessionaire by the applicant must be in writing at least 60 days prior to the event. A copy of the applicant's agreement with the concessionaire or a letter of release from the concessionaire must be submitted to the Special Events Office at least thirty (30) days prior to the event. Up-land Concession Areas - The City issues licenses to operate beachfront concessions to up-land property owners (areas located behind private property) from Government Cut to 87 Terrace. A written release from upland owner concessionaires is required for events proposed behind private property that may interfere with these up-land concession areas and must be submitted to the Special Events Office at least thirty (30) days prior to the event. D. Use of Public Property - Permit holders will be charged a net square footage rate of $.25 per square foot for public property occupied by the event for stages, booths, displays or areas restricted for exclusive use by the event. The Square Footage Fee will be calculated in the following manner: Enclosed Site: Aggregating the square footage of the total fenced area. Non-enclosed Site: Aggregating the square footage of the individual fixtures of the event (i.e. stages, booths, tents, display areas, bleachers, etc.. .) The City Manager may, in hislher discretion, waive this fee for events by not-for-profit corporations, or other event, when such waiver is found to be in the best interest of the City. In the case that the permit holder is operating under a concession agreement with the City, the net square footage rate may not be applicable. E. Event Signage - Sponsorship banners and signage are allowed within the designated event site only and Special Events Requirements and Guidelines 16 may be displayed only during the event. Banners must be immediately removed from the site following the event. 1. Special Event Billboard Signs - Up to five (5) banners or billboard signs with a maximum size of 4'x8' may be approved for placement in designated public locations in the City. These signs are required to obtain Design Review approval from the Planning Department. A City application must be submitted to the Planning Department, no later than 60 days prior to the event. A Building Permit is also required prior to installation. II. Street Banners -- Event advertising banners shall not extend or project over any portion of any street, or right-of-way. Ill. Lightpost Banners -- Lightpost banners are permitted in the City when approved by the Planning Department and the City Manager for special events taking place in the City of Miami Beach, and by the City Commission, for special events held outside of the City of Miami Beach. The application process begins at the Planning Department for Design Review approval no less than 90 days prior to the special event. Approved lightpost banner design with the banner locations are then forwarded to the Special Events Office. A $50.00 per banner fee ($25.00 per banner fee if applicant is a %4++(.+501(c)(3) or other ecluivalent and verifiable by state record non-profit ) and $50.00 processing fee will apply. Lightpost banners on State Roads (i.e. 5th Street, Collins Avenue, 41st Street, etc.) require an additional permit from the Florida Department of Transportation. F. Grandfather Clause Notwithstanding the requirements described herein, the City recognizes the intrinsic historical, social, and cultural significance and importance of certain longstanding special events held continuously, on an annual basis, within the City. In recognition of such traditional longstanding events, special events in continuous annual operation since 1985 (Miami Beach Festival of the Arts and Art Deco Weekend) are herein deemed "grandfathered-in" solely for purposes of the following items and shall not be subject to these conditions: Square footage fee; Lummus Park user fee; Street closure sign-off requirement; Concession Agreement and User Fee; and Security Deposit (Security Deposit will remain at $2,500). G. Resott Tax All events that include sales of food, beverages, alcoholic beverages, or wine are required to levy a two percent (2%) tax, as per Miami Beach City Code Chapter 102, Article IV. A copy of the aforementioned section of the City Code and the Special Event Resort Tax Return forms are available through the Special Events Office. It is the responsibility of the event producer to collect, complete the form and remit payment to the City. %%I. Sponsorship Requirements The following is a list of publicity and credit requirements for events or programs receiving financial or in- kind support from the City of Miami Beach: Prominently display City of Miami Beach logo in all promotional marketing materials related to the eventlprogram including, but not limited to, advertisements, brochures, websites, e-mails, newsletters, banners, posters, event programs, and other print andlor electronic publications. Include the following credit line in all print news and press releases and broadcast media:llThis eventlprogram made possible with support from the City of Miami BeachJ' and include a quote from City of Miami Beach Mayor. One full page full color ad in program guide Website link to www.miamibeachfl.crov. Eventslprograms offering travel packages will also provide a link for to the following websites: Special Events Requirements and Guidelines 17 o www.visitmiamibeach.us o www.miamiandbeaches.com On-stage signage in a prime location (if applicable). Provide a boothldisplay area at all events (if applicable). Live announcement(s) during the event by emcee. All sponsored eventslprograms shall provide a maximum of four (4) complimentary tickets for which tickets are available to each of the following City Officials: o Mayor and City Commissioners; o City Manager; and o City Attorney. The following City Officials shall each receive a maximum of two (2) complimentary tickets for which tickets are available: o Assistant City Managers; and o Special Events Administrator. Any and all remaining tickets shall be donated to disadvantaged youths, disabled persons, senior citizens of Miami Beach, and other individuals who do not have the financial ability to purchase tickets for such events. The City reserves the right to negotiate additional terms if in-kind and financial support is in excess of $25,000. Ill. ENFORCEMENT AND PENALTIES Persons engaged in a special event without a permit, or otherwise in violation of a permit, or the Special Events Requirements and Guidelines, shall be subject to enforcement by City police or Code Compliance officers, through the issuance of immediate cease and desist orders, the violation of which may subject the offender to the following immediate fines and/or partial or full default of securitv deposit: For the first offense a fine of $500; for the second offense a fine of $1,500; and for the third offense and subsequent offenses a fine of $3,000 or arrest for violation of Section 12-5 of the City Code, andlor enforcement as provided for in section 1-14 of this Code, andlor notices of violation referred to Special Masters, who have authority to issue fines or enforce compliance, as provided for in Chapter 30 of the City Code. Police or Code Compliance officers will coordinate enforcement with the Department of Tourism and Cultural Development. As an alternate and supplemental remedy, the City may enforce these Guidelines by The following penalties shall be imposed in addition to any fines for violations Section 42-5 of the City Code: If the offense is the fourth offense within the preceding 12 month period of time, in addition to the fine, the property andlor event producer will be restricted from receiving a special event permil for a three (3) month period of time. e If the offense is the fifth offense within six (6) months following the fourth offense, in addition to any fine, the property andlor event producer will be restricted from receivina a special event permit for an additional six (6) months period of time. Furthermore, the property and/or the event producer are considered to be a habitual offender. e Not\~ithstanding the above, for repeat and/or habitual offenders, the Citv Manaqer may decline to issue future special event permits to such person or entity for one year, or such other period as the City Manaaer deems appropriate. Special Events Requirements and Guidelines 117 Each violation shall constitute a separate offense for which a separate fine shall be imposed. An offense shall be deemed to have occurred on the date the violation occurred. Restrictions imposed pursuant to this section shall be imposed by City Administration after finding an offense warrantinq suspension or restriction has occurred. Additionallv, the event security deposit will be immediately forfeited upon the issuance of a written offenselviolation. The City may increase the securit\/ deposit requirement for anv future permit. IV. CITY OF MIAMI BEACH AGENCIES A. Building Department 1. Building and Electrical Permits - Pursuant to the South Florida Building Code, the City's Building Department must issue a building permit for all special events involving temporary construction or the use of temporary electrical power., Examples of temporary construction include, but are not limited to, freestanding tents, stages, fences, bleachers, and electrical. The applicant must present a copy of the Building Permit to the City's Special Events Office at least davs prior to the event. II. Americans with Disabilities Act - All special events must be designed and operated in a manner to be in compliance with Chapter 553, Florida Statutes (the Florida Accessibility Code). The following checklist is provided for guidance as to how compliance must be achieved: 1. Ensure curb cuts and cross walks are kept free and clear for usage, with a continuous accessible route of 44 inches in width. 2. The Event producer must ensure that any nearby accessible on- or off-street parking ("handicapped parking") is not obstructed by vehicles loadinglunloading equipment, etc. If such obstructions occur, the Event producer must see that such obstructions are removed immediately. Accessible parking spaces shall be connected to the site's continuous accessible route, with no obstructions between the accessible parking spaces and the curb ramps that serve those spaces. 3. Any and all accessible routes created and/or installed by the Event producer, or under the Event producer's supervision, must have no abrupt change in level in excess of % inch. Where such changes in level are present, properly bevel the change in level at a 1:2 ratio or provide a ramp with a slope not to exceed a 1:12 ratio. This is necessary to allow passage of wheelchairs or strollers and prevent tripping or the catching of walkers and canes. Any ramps provided must be in compliance with all Florida Accessibility Code requirements, including, but not limited to, requirements regarding edge protection, handrails, and surface. 4. Provide a smooth transition between temporary pathways and any ramps, sidewalks, streets, or parking lots. This means no change in level exceeding % inch. Any change exceeding % inch requires beveling at a 1:2 ratio or the installation of a ramp with a slope not to exceed a 1:12 ratio. Any ramps provided must be in compliance with all Florida Accessibility Code requirements, including, but not limited to, requirements regarding edge protection, handrails, and surface. 5. All cashier counters (counters where money transactions occur) must be no higher than 36 inches maximum above finish floor, for a minimum length of 36 inches. 6. Maintain an accessible route for access to merchandise that is both within a vendor space, as well as merchandise not contained within a vendor space. If the overflow of merchandise for patron viewing is placed behind a booth, then provide adjacent access to the merchandise via a curb Special Events Requirements and Guidelines 19 ramp, as well as the placement of a pathway with a stable and firm surface necessary for the use of wheelchairs and mobility aids. 7. Merchandise for display should be within a line of sight no higher than 48 inches for persons of short stature or wheelchair users. If merchandise is displayed higher than 48 inches, merchant must provide assistance to disabled customers in order to reach items. 8. All vendor spaces shall be located on an accessible route that is a minimum of 44 inches wide. 9. If tables and seating are provided for the consumption of food, all aisles adjacent to accessible fixed seating shall provide 30 inch by 48 inch clear floor space for wheelchairs. Where there are open positions along both sides of such aisles, the aisles shall be not less than 52 inches wide. 10. For wheelchair seating spaces provided at tables or counters, knee spaces at least 27 inches high, 30 inches wide, and 19 inches deep shall be provided. The tops of accessible tables and counters shall be from 28 inches to 34 inches above the finish floor or ground. 11. Where food or drink is served at counters exceeding 34 inches in height for consumption by customers seated on stools or standing at the counter, a portion of the main counter which is 60 inches in length minimum shall be provided in compliance with the requirements of Items #9 and #I 0 above, or service shall be available at accessible tables within the same area. 12. Where portable toilets are provided, an accessible route shall be provided to the toilets. Five percent (5%) of the total number of toilets must be accessible. If clusters of portable toilets are distributed throughout the site, then each cluster must have accessible units. 13. If general assembly seating or standing space is provided for audience members attending a public performance at a special event, reserved wheelchair seating must be provided. Such seating must be provided in a location that allows wheelchair users an unobstructed line of sight to the stage. If seating capacity accommodates greater than 300 persons, then accessible seating shall be dispersed throughout the venue. 14. All flyers and written promotional materials for the event should be made accessible to people with disabilities, including those with hearing and visual impairments. It is recommended that the following statement be included on promotional materials: "Call [your number followed by word "voice"] or the Florida Relay Service (TTY) at 71 1to request material in accessible format; sign language interpreter (5 days in advance), or information on access for persons with disabilities". Sign language interpretive services must be provided, of requested by the City five (5) days in advance of the event. 15. For performers who are disabled, all stages, show mobiles and dressing areas must be accessible. 16. All ADA considerations must be identified and detailed on the site plan. The site plan will be submitted to the Building Department Accessibility Plan Reviewer for approval. B. Code Compliance 1. Field Inspector - The City may require the applicant to hire a Field Inspector andlor a Code Compliance Officer to serve as an overall on-site coordinator, whose responsibility will be to ensure that all services are provided, the event runs smoothly, and that all Federal, State and local rules, regulations and ordinances are complied with. Special event producers agree and understand that a Field lnspector andlor a Code Compliance Officer, which will report to and be under the direction of the City, may be required in order to ensure compliance, as approved by the special event permit, and the conditions imposed with the issuance of such permit. Enforcement includes all activities leading up to, including, and following the conclusion of permitted endeavors.-Event producer further agrees and understands that any and all costs Special Events Requirements and Guidelines 20 associated with such Field lnspector and/or Code Compliance Officer shall be borne by the producer and reimbursed to the City prior to refund of security deposit pursuant to Section A (VII) herein. Producer's responsibility for the costs associated with such Field lnspector or Code Compliance Officer shall be limited to twenty-seven dollars ($27) per hour. Field lnspector and/or Code Compliance Officer will be required for all events with expected attendance of 1,000 persons or greater. Field Inspector/Code Compliance Officer requirement for all other events will be determined on a case by case basis. II. Signs (Flyers) & Hand Bills - The City regulates the distribution of flyers, handbills or stickers. Specifically, distribution of handbills upon premises of another when requested not to do so is prohibited as per City Code Section 46-1 17, and placing or distributing any handbills on vehicles is prohibited as per City Code Section 46-1 18. Violations will be issued by Code Compliance for violations on public property and for handbills placed on automobile windshields carrying a fine of $50 for each sign (flyer) or handbill and a $23 removal charge per sign. Ill. Noise Ordinance - The City prohibits unreasonable and disruptive noise that is clearly incompatible with the normal activities of certain locations at certain times. Both the Miami-Dade County Noise Ordinance, Section 21-28 of the Code of Miami-Dade County, and City of Miami Beach Noise Ordinance, Article IV, Sections 46-151 to 46-162, are applicable and enforceable to both public and private property within the City. These Ordinances make it unlawful for any person to make, continue or cause to be made any loud, excessive or unusual noise. If the excessive noise occurs between the hours of 11:OOPM and 7:OOAM in such manner to be plainly audible at a distance of 100 ft from the building, structure or vehicle in which it is located, this shall be prima facie evidence of a violation of the Ordinances. If a noise violation occurs, the enforcing Code Compliance Officer will require that the noise be lowered to an acceptable level. Failure to do so, or a second confirmed violation within one 24 hour period, will result in the Police Department being notified. Failure to comply with a request from the Department of Code Compliance or the Police Department concerning violation of the Ordinances may result in the immediate revocation of a Special Event Permit and/or arrest. Fire Department 1. Off Duty Fire & Paramedic Sewices - Depending upon the type of event and estimated attendance, off-duty or private fire rescue personnel may be required at the expense of the applicant. As a general rule, a minimum of one paramedic for up to 1,000 people and two paramedics for up to 5,000 people, and a rescue unit for up to 10,000 people, which consists of 2 paramedics and a team leader, are required. Enclosed events and tents over 400 square feet may require off duty Fire Inspectors depending on the type of event and estimated attendance. The City of Miami Beach assumes no liability arising or resulting from the determinations of minimum staffing levels or the requirements for any events. The final decision for the minimum number of Fire RescueIPrevention personnel required will be determined by the City's Fire Chief or hidher designee. II. Enclosed Events Site Plan And Occupant Load - Site plans for enclosed events requiring fencing or tenting must be submitted for review and approval to the City's Fire Department. Building Department permits cannot be issued until the Fire Department approves the event site plan. Non-substantial on-site adjustments to site plans may be made in consultation with and approval of the City's Fire Marshal, or hidher designee. The Fire Department requires a 20 foot emergency vehicle access lane between easternmost portion of the sand dune and any fencing or tents for all beachside events. Enclosed events are required to adhere to an occupancy number, as well as comply with the Special Events Requirements and Guidelines 2 1 requirements determined by the City's Fire Department, once site plan is approved. A walk-through to verify that the actual setup meets with the approved plan will be conducted prior to the event opening. Event promoters are responsible for adhering to the determined occupancy number and any violation of the occupancy number can result in penalties and lor fines. Ill. Fireworks Permit - All events, public or private, featuring a fireworks display or pyrotechnics must obtain a fireworks permit from the City's Fire Department. A written request for the permit must be submitted to the Fire Department at least 30 days prior to the event and approved no later than 11 days prior to the event. Following approval of the permit, the Fire Prevention Bureau will make a site inspection. A minimum of two (2) fire fighters will be required to be on-site from the time the fireworks are delivered at the site, until termination of the display and the removal of all fireworks and debris from the site. Payment for required fire personnel will be the sole responsibility of the applicant and must be made two (2) weeks prior to the event. The firm or individual responsible for setting up and setting off the fireworks must obtain a Comprehensive General Liability or Fireworks Display Liability Insurance policy (see Insurance Section for language and rating requirements). IV. Open Pit And Bonfire Permit - Separate permits are required for open pit and bonfires. Applications for a permit may be obtained from the Fire Department, and must be approved and paid to the City at least two (2) weeks prior to the event. These activities will require hiring off-duty fire personnel. D. Miami Beach Convention Center On occasion, events, meetings andlor conventions taking place at the Miami Beach Convention Center (MBCC) may desire extending their production onto Convention Center Drive, between Dade Boulevard and 17 Street, and into the City's Preferred Parking Lot. In such event, the City considers this use an extension of the MBCC premises. As such, all City requirements including, but not limited to insurance, indemnity agreement, site plan, security plan, and sanitation plan will be incorporated into the respective event's agreement with the MBCC and will be coordinated by the MBCC. The MBCC will complete a special event questionnaire (please refer to attached Appendix C) and provide the Department of Tourism and Cultural Development a copy of all required documentation pertaining to the event for the department file. If street closures are requested, the Department of Tourism and Cultural Development will assist in coordinating this request, as well as all other items as may be required. E. Ocean Rescue Depending upon the location and type of event, estimated attendance, and hours of operation, off-duty lifeguards may be required. The Captain of the City's Ocean Rescue will determine the minimum number of lifeguards. F. Parking Department Overall Parking Plan -A comprehensive Parking Plan which identifies where parking is to be provided for event staff, equipment vehicles, and event participants, as well as the location and amount of accessible parking spaces must be developed, in writing, and approved by the City's Parking Director or his designee. Public parking resources may be supplemented with privately owned parking areas to accomplish this plan. All fees incurred through use of Parking Department resources, which may including meter rentals, off-duty enforcement officers or rental of lots, must be pre-paid in full no later than two (2) weeks prior to the event. Valet ramping spaces are to be used exclusively for ramping and valet related operations. All other activities are explicitly prohibited. Special Events Requirements and Guidelines 22 Parking meters shall not be used for advertising or marketing related activities, unless associated with a special event as defined herein. G. Parks and Recreation Department 1. Facilities and Personnel - Many City of Miami Beach recreation facilities, amphitheaters, and parks are available for rent during non programmed hours for special events, and have specific fees, based upon hours of usage, including setup and breakdown times. Request for usage must be at least one month prior to the event. Rental payments for such facilities must be made two weeks prior to the event. Proof of payment must be submitted to the Special Events Office. Applicable user criteria will be available for park venues through the Parks & Recreation Department. Depending upon the venue, nature and scope of the event, the hiring of City of Miami Beach Parks and Recreation personnel may be required. A City facility (e.g., a building) used for a special event must be staffed by a City employee. Depending on usage, additional facility staff, janitorial service and electrical staff charges may be applicable. Payment for the staffing is the sole responsibility of the applicant, and must be received no later than two (2) weeks in advance of the event. 11. Park User Fees Park User Fees - A special event impact fee will be imposed for all events taking place at a City Park including, but not limited to, Lummus Park, South Pointe Park, Collins Park, Flamingo Park, and North Shore Open Space Park. Lummus Park includes the area east of Ocean Drive, the park itself, and the beachfront east of the park from 5- 15 Streets. This supplementary user fee will be calculated at the rate of twenty-five (25%) percent of the total cost of City services for the event. These funds will be used exclusively for enhancements to those parks utilized by said events. Lincoln Road User Fee For events taking place on Lincoln Road or Lincoln Lane, a special event impact fee will be imposed. This supplementary user fee will be calculated at the rate of twenty-five (25%) percent of the total cost of City services for the event. These funds will be used to enhance Lincoln Road. Due to the pedestrian nature of Lincoln Road, no motor vehicles are allowed between Washington and Lenox Avenues. H. Police Department 1. Security Plan and Services - Depending upon the type of special event and estimated attendance, security personnel, such as off-duty police personnel and private security personnel, may be required. The Security Plan shall be prepared by the event producer in consultation with the Office of Special Events and the City of Miami Beach Police Department's Off-duty Office. The plan shall specify the number of off-duty officers or private security guards, if applicable, hired by or expected to be hired by the applicant. At the option of the applicant, the entire security personnel may be comprised of off-duty police personnel. Cost of off-duty police personnel is dependent on the number and rank required. As a general rule, if four or more officers are required, one must be a supervisor (sergeant or above). Larger contingents of officers may require additional police supervisors. Payment for off-duty police services, based on the estimate, is required to be paid in full no less than two (2) weeks in advance of the event. Payment adjustments for off-duty police services, based on a final invoice, is required to be paid in full no more than two (2) weeks after the event. The Chief of Police or his designee will make the final determination of minimum levels of police Special Events Requirements and Guidelines 23 122 security. Any private security personnel contracted for by the applicant must be licensed by the State of Florida. If security personnel is to be hired, a list of names and license information must be provided to the City's Police Department no less than two (2) weeks in advance of the event. The City's Police Department may require additional security or off-duty police personnel for crowd control, traffic control and general security during the event. The minimum number of police personnel is dictated by the Off-duty Police Coordinator and is dependent upon the type of event, date of event, time of event, location of event, the site plan for the event, the type of entertainment during the event, whether alcohol is consumed at the event, and the estimated attendance at the event. Overnight & Backstage Security -- Applicants may contract, at their own expense, for off-duty police services or with private security guards for overnight and backstage security concerns. On- stage security will be handled by private security at the applicant's expense. Marine Patrol - All water-based special events, or those activities likely to attract crowds to or near the water, must provide prior written notice to the Miami Beach Police Marine Patrol and Beach Patrol. Certain events may require prior written authorization from the United States Coast Guard and may also require off-duty services and equipment from the City's Marine Patrol, Florida Marine Patrol, or United States Coast Guard, at the expense of the applicant. In such cases, written authorization is required no later than thirty (30) days prior to the event. Police Escorts for Entertainment - If so requested, the City may supply police motorcycles or car escorts for entertainers. This service must be arranged in advance of the event and must be listed in the proposal for the event. The cost for this service is determined by the City's Police Department and will be at the applicant's expense. II. Street Closures - Certain streets within the City of Miami Beach may be temporarily closed to limit or exclude vehicular and/or pedestrian traffic prior to, during, and after any special event. Depending upon the location, additional approval may be required from Miami-Dade County or the State of Florida. The City Manger, in his/ her discretion, may also require applicants to provide "sign-offs" showing approval from a majority of landlords and/or residents (or their group representatives) whose direct vehicular access to buildings will be affected by the proposed closure. Regardless of the jurisdiction, the Chief of Police and the City's Public Works Director must first approve street closures with final approval retained by the City Manager. Requests for street closures must be made at least forty-five (45) days prior to the event. In closing a State street (i.e., 5 Street, Collins Avenue, 41 Street, Alton Road, 71 Street, and Harding Avenue) prior approval is required by the Chief of Police, City's Public Works Director, and City Manager. The application must be processed at least 30 days prior to the event. The applicant must then forward the completed application to the Florida Department of Transportation (FDOT) to receive and FDOT permit. FDOT must receive application at least 30 days prior to the event. In order to close a County street (i.e., Venetian Causewayll7th Street) the application will be forwarded to the Miami-Dade County Public Works Department by the City's Police and must be received at least 30 days prior to the event in order to send to the County for process. Ill. Barricades & Electronic Signs - Barricades and electronic directional signs may be required, depending upon the location and/or site plan of the event, to cordon off the surrounding areas or to close streets to vehicular traffic. The City's Police Department, along with the Parking Department, will determine the number and location of barricades. The rental cost of barricades and electronic directional signs will be incurred directly by the event producer. Payment is the sole responsibility of the applicant, as is actual set-up and removal of Special Events Requirements and Guidelines 24 barricades on the event date(s). IV. Parade Requirements -The City Code defines "Parade" as any march or procession consisting of persons, animals, vehicles or any combination thereof, traveling upon any public way, within the territorial jurisdiction of the City. All parades must abide by Section 106-346 of the City Code. Pursuant to this Code Section, a separate permit to hold a parade must be obtained from the Chief of Police. The permit application must be filed not less than 15 days nor more than 90 days prior to the day on which it is proposed to be held, and simultaneously copied to the Special Events Office. The Chief of Police may revoke a parade permit at any time he determines the parade is to be conducted or is being conducted in violation of the terms of issuance. Any applicant aggrieved by the Chiefs decision may appeal it to the City Manager. V. Demonstrations, Pickets and Free Speech Activities - The First Amendment of the United States Constitution affords demonstrators the constitutional right to assemble and speak in a peaceful and orderly manner. Therefore, the City shall not require or issue permits for such activity. Demonstrations and pickets consist of activities which are generally performed in public in support of or against a person or cause and which may have the potential for impeding movement along a public right-of- way or other disruption. Organizers of such events are asked to submit a questionnaire, site plan, and to notify the City of Miami Beach Police Department Patrol Division Commander of their intentions, and to provide details of the planned activity in order to insure the health safety and welfare for all concerned. If requested by the Special Events Office, a copy of an approved Police plan should be provided. There may be instances where the nature of the demonstration and/or the number of participants (including counter-demonstrators) will require restrictions in order to protect the health, safety and welfare of every citizen by means of providing crowd control, traffic control and general security to the public. Such restrictions will be communicated to the individual or group prior to the activity. The Special Event Permit Requirements do not apply to such activities. Demonstrations, Pickets and Rallies must abide by Section 106-346 of the City Code. 1. Property Management Based on the electrical, engineering and/or plumbing impact of a special event on City property, the applicant may be required to hire City electricians, engineers or plumbers. J. Public Works Department Environmental Resource Management These items listed below are to intended help preserve the health and welfare of the City of Miami Beach's coastal areas. Vehicles Vehicles allowed to access and remain parked on the beach during an event MUST display a temporary parking placard All vehicle access to the beach is restricted. Access points MUST be identified by City staff for each event. All vehicles shall require a police or beach patrol escort when crossing on to the hard pack (beach) and at all times east of the Erosion Control Line. All vehicles should utilize lights and flashers when traveling on the beach Parking Any vehicle parked on the beach shall be prevented from distributing fluids on the ground (sand) by the placement of an absorbent pad under the engine compartment - these pads shall be properly disposed off once the vehicle vacates the beach Special Events Requirements and Guidelines 25 All vehicles parked on the beach shall have cones placed at the front and rear of the vehicle Fuel The storage of any petroleum product or chemical shall be prohibited unless prior approval has been issued by the City - storage of such material shall be in accordance with life safety and environmental regulations - storage shall be in appropriate spill proof containers for type of chemical, shall be stored a significant distance away from any population, storage area shall contain signage identifying the storage site and indicating which type of chemicals are being stored - required clean up of any chemicals will be at the expense of the applicant The fueling of vehicles on the beach (event site) shall be strictly prohibited unless given a special fueling permit where the applicant must act according to approved standards - fuel must be stored in spill proof containers etc. Such a permit is only approved by the City's Environmental Division. Temporary Construction A site inspection, by the City, shall be required prior to and after an event to ensure that the event site and surrounding area has been restored to a clean and acceptable condition When possible, tents shall be secured with water barrels in place of ground stakes - where ground stakes are used, the holes shall be filled, compacted and area raked or graded to restore to natural conditions Any structures requiring permits from the City's Building Department or Public Works Department shall be required to be reviewed by the City or County Division of Environmental Resource Management (DERM) for potential environmental impacts Live Animals The incorporation of animals in any special event shall require adequate ground cover under cages - material shall be absorbent in nature and not permit the transfer of fluids to the ground. Dune System Absolutely no activity is permitted within protected dune area - a minimum of a 20' setback west of the west end of the dune and 20' east of the east dune line shall be required. Pedestrian traffic to special events shall only use demarcated pathways and dune crossovers for ingress and egress to event site. Directional signage must be provided when public access at a dune crossover is blocked. Beach Impacts (other) Special Events occurring during hurricane season shall have an emergency evacuation plan that will go into effect within eight (8) hours of a hurricane warning and be completed within twenty-four (24) hours - all equipment, material, staff, staging, vehicles and associated appurtenances shall be removed from event site within the allotted time Right-of-way Permit-- A Right-of-way Permit must be obtained when there is anchoring to or excavation of any right-of-way or City property. The method of anchoring or location of any excavation may be denied or altered by the City based on potential hazards to existing utilities. The cost for such permit will be pursuant to City ordinances (concerning work on the right-of-ways) and may include a cash bond based on estimated potential damage to City property. Proof of financial ability to cover estimated damages must be submitted to the Special Events Office. For events occurring on City streets or sidewalks, an inspector from the Public Works Department will inspect the area in question prior to the event for any hazards, potholes or damaged fixtures. Any problems will be repaired or noted. A visual inspection will take place following the event to identify any damage to City property caused by the event. Any identified damages in the City right-of-way, on termination of the permit, will have to be repaired by the event producer within a time specified by Public Works. If the producer fails to complete these repairs in a timely manner or wishes the City to complete such restoration work, then costs incurred by the City, including reasonable overhead expenses, will be deducted from the Security Deposit and the event producer will be charged for any, such costs not covered by the deposit (as per Section A Step 1). Special Events Requirements and Guidelines 26 K. Sanitation Department Applicants shall be solely responsible for cleaning the area during and after the event. Should the applicant choose, the City will provide personnel for this function. The cost of the clean-up will be calculated by the City, and will include dumping fees and equipment rental. Should an alternate cleaning service be contracted, the applicant shall be responsible for obtaining all necessary dumpsters. All arrangements and removal of garbage, trash, and other debris are the sole responsibility of the applicant. A City permit authorizing placement of dumpsters must be obtained through the City's Sanitation Department, and submitted to the Special Events Office no less than two (2) weeks prior to the event. Applicants are required to meet sanitation standards to assure an adequate number of litter containers are on-site, and must encourage guests to comply with the City of Miami Beach's anti-litter efforts. Glass containers and plastic straws are prohibited. Recycling efforts are encouraged. Applicants shall ensure that the event site is returned to its original condition within twenty-four hours. Failure to clean up after the event will result in a fine (as per Section Ill herein) issued to the event producer, as well as additional charges for City services. Applicants seeking use of public restroom facilities outside of standard operating hours may also be required to hire attendants to facilitate public restroom maintenance and supplies during the event. These services may be contracted through the Public Works Department. Proof of payment must be submitted to the Special Events Office at least two (2) weeks prior to the event. V. OTHER AGENCIES A. The Miami Beach Visitors and Convention Authority (VCA) and Cultural Arts Council (CAC) The City of Miami Beach does not directly fund special and cultural events. The VCA and CAC utilize City funds for the purpose of special and cultural event funding. Approval of an application for funding by either the VCA and/or the CAC shall not constitute either expressed or implied approval of a special event permit by the City of Miami Beach. Should the VCA or CAC fund an event, the appropriate logo shall be incorporated in all event print advertising or promotional materials, as per the funding terms and conditions of the VCA and 1 or the CAC. B. Miami-Dade County Permit for Temporary Food Sales - The Miami-Dade County Department of Business and Professional Regulations, Division of Hotels & Restaurants, sets forth rules and regulations for safe operation of temporary food service establishments. To obtain the necessary permits, sponsors or applicants must notify the Department of Business and Professional Regulations no later than three (3) business days prior to the event. A license fee for a 1-3 day event is $40.00 per vendor. Beach Cleaning - Applicants desiring use of the public beach must arrange for the cleaning of the beach, prior to, as well as after, the event, as necessary. Beach cleaning may be arranged with the Miami-Dade County Parks Department or a private sanitation company approved by the Miami- Dade County Parks Department. Proof that clean-up arrangements have been made must be submitted in writing to the Special Events Ofice at least two (2) weeks prior to the event. C. State of Florida Department of Environmental Protection, Division of Beaches and Shores -- If an event is to be held on the beach, a State Field Permit is also necessary for all temporary non-portable structures on the beach, east of the Coastal Construction Control Line. This would include, but not be limited to, the following types of temporary structures: stages, fences, tents, lighting and sound systems. A detailed site plan and written narrative description of all installations must be submitted to the Special Events Office no later than 60 days prior to the event. Special Events Requirements and Guidelines 27 As conditions of the State Field Permit, the State also calls for the protection of marine turtles during the marine turtle nesting season, beginning May 1, and ending October 31, in Miami-Dade County. Conditions relevant to areas east of the Coastal Construction Control Line (CCCL) include: structures to be constructed and left overnight, including temporary fencing, shall have 3 feet of vertical clearance and shall be located as far landward as possible; no lighting associated with the event is authorized after 9:00 pm without approval from the State of Florida; and permit holders may be required to hire turtle monitors from sundown to sunrise. Other conditions, as prescribed by the State may apply. Events requiring exemptions from any of the above marine turtle nesting conditions will need to provide the City with written approval from the State of Florida Wildlife Commission. Florida Statutes, Chapter 161, calls for the protection of beach dune systems and impose fines for damage caused to the natural dune systems along the Beach. It is the responsibility of the applicant to provide adequate security measures to ensure protection of the dune area from damage that may be caused by an event. Division of State Lands -- Depending on the type and nature of the event(s), the Division of State Lands has the right to negotiate a separate use agreement with the special event producer and will charge for the use of the land. This fee may include a contribution to the State Lands Trust Fund, as well as a use fee, and would require State of Florida Cabinet approval. If applicable, proof of the Division of State Lands approval shall be submitted to Department of Tourism and Cultural Development before a permit is issued. Florida Marine Patrol - Any type of water activity held within the City of Miami Beach must give notice to the Florida Marine Patrol. Notice must be in the form of a letter, with a copy to the City provided no less than two (2) prior to the event. Division of Alcoholic Beverages and Tobacco -- If the event is being produced by a not-for- profit organization which desires to sell or serve alcohol, the organization must apply for a temporary liquor license from the State of Florida, Division of Alcoholic Beverages and Tobacco under Florida Statute 561.42. In order to obtain the license from the State, a letter of authorization must be obtained from the City. Prior to the issuance of this letter the following must be submitted: * Certificates of all applicable insurance including, general liability and liquor liability. * A completed Indemnity Agreement. * A signed letter on letterhead from the non-profit organization agreeing to have the temporary liquor license in the organization's name. Florida Department of TransporCation Lightpost Banners -- Banners proposed to be placed on State Road lightposts require an additional permit from the Florida Department of Transportation, following Design Review approval from the City's Planning and Zoning Department and approval from the Miami Beach City Commission. Depending upon the scope and nature of the event, additional State permits may be required. D. Federal Government Federal Aviation Administration - Any type of unusual air activity above the City of Miami Beach planned in conjunction with a special event, which has the potential to disrupt commercial air traffic, must be approved by the Federal Aviation Administration (FAA). Approval will be requested through the City's Department of Tourism and Cultural Development on the applicant's behalf. Special Events Requirements and Guidelines 28 Coast Guard - Any individual or organization planning to hold a regatta or marine parade which, by nature, circumstances or location, will introduce extra or unusual hazards to the safety of lives on the navigable waters under the jurisdiction of the U.S. Coast Guard, shall submit an application to the Coast Guard District Commander having jurisdiction of the area where it is intended to hold such regatta or marine parade. Examples of conditions which are deemed to introduce extra or unusual hazards to the safety of life include, but are not limited to; an inherently hazardous competition; possible effect on the customary presence of commercial or pleasure craft in the area; any obstruction of navigable channel which may reasonably be expected to result; and the expected accumulation of spectator crafts. Where such events are to be held regularly or repeatedly in a single area by an individual or organization the District Commander may, subject to conditions set from time to time by himlher, grant a permit for such series of events for a fixed period of time, not to exceed one (1) year. The application shall be submitted to the Coast Guard no less than 30 days prior to the event. The application shall include the following details: 1) Name and address of sponsoring organization. 2) Name, address, and telephone of person or persons in charge of the event. 3) Nature and purpose of the event. 4) Information as to general public interest. 5) Estimated number and types of watercraft participating in the event. 6) Estimated number and types of spectator watercraft. 7) Number of boats being furnished by sponsoring organizations to patrol event. 8) A time schedule and description of events. 9) A section of a chart or scale drawing showing the boundaries of the event, various water courses or areas to be utilized by participants, officials, and spectator craft. VI. SPECIAL EVENTS FEE SCHEDULE Special Events Requirements and Guidelines 128 I Permit Fee I I Per Wedding/ Ceremony use $1 25.00 I I Permit Fee Security Deposit I Per team, per day $2,000.00 $2,j00.00 (5 persons total in the same vicinity) I Vehicle ccess Pass: $150.00 per pass/per vehicle/per event. I Square Footage Fee: $.25 per square foot + 7% Sales Tax (N/A with a Concession Agreement). AND/OR Concessions Agreement: o Beach Events: 15% of food, beverage, ticket sales and merchandise. o Non-Beach Events: 10% of food, beverage, ticket sales and merchandise. I Taxes: You are required b pay a 7% State sales tax and a 2% Resorf Tax (on food and beverage only). I Lummus Park User fee: 25% of the total City Services not including administrative fees. Lincoln Road User fee: 25% of the total City Services not including administrative fees. Light Pole Banners Banners announcing special events either to be held in city or to be associated in some manner with the city, as determined by the city commission, may be erected up to 30 days prior to the event being announced and must be removed within seven (7) days after such event. Special event banners shall require prior approval by the city commission. Fees: / $50.00 per pole For-Profit/ $25.00 per pole Non-Profit . . . . . $50.00 administrative fee - per application Building Department Permit fees: Please contact the Building Department for fee schedule please call 305-67 761 0 or visit www.miamibeachfl.gov. o Tent Permit; Fence Permit; Stage Permit; Electrical Permit; Bleachers Permit; Restroom (Port-a-lets) Pluming Permit ; Pool cover Permit; Temporary Occupant Load. Police Department: For information on offduty Police services please contact off-duty at 305-673-7823. Fire Department: For information on off-duty Fire services please contact offduty Fire at 786-41 2-1 076. I Parking Meter Rentals: $1 0.00 per space or meter/per day + plus administrative fees. Please contact the Parking Department at 305-673-7505 for more information. *** Application fees are not refundable; permit fees and security deposits are reimbursed if the event/activity is cancelled, denied, or postponed and given that public property is left in good condition and without damage and all City invoices paid. Failure to comply with restrictions imposed automatically forfeits the security deposit. *** Additional charges may apply. Special Events Requirements and Guidelines 129 RESOLUTIONS TO BE SUBMITTED AMf BEACH OFFICE OF THE ClTY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMlSSlON MEMORANDUM TO: MAYOR MATTI HERRERA BOWER MEMBERS OF THE ClTY COMMISSION CITY MANAGER JORGE M. GONZALEZ FROM: ClTY ATTORNEY JOSE SMITH DATE: DECEMBER 8,2010 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA, INITIATING CONFLICT RESOLUTION PROCEDURES PROVIDED BY SECTION 164.1052 OF THE FLORIDA STATUTES PRIOR TO INITIATING LITIGATION AGAINST THE ClTY PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS IN THE CITY OF MlAMl BEACH ("PENSION FUND") WITH REGARD TO THE PENSION FUND'S POSITION NOT TO IMPLEMENT THE TERMS OF ClTY OF MlAMl BEACH ORDINANCE NO 2010-3705 AS THEY RELATE TO PENSION FUND MEMBERS. Based upon the conflict created by the position of the Firefighters and Police Officers Pension Fund not to implement the collectively bargained changes to its pension fund as adopted in Ordinance No. 2010-3715, the dispute resolution procedures set forth in the Florida Governmental Conflict Resolution Act are necessary prior to the initiation of court proceedings against the Pension Fund by the City. Therefore, the attached Resolution is submitted for consideration by the Mayor and City Commission so that the appropriate dispute resolution procedures may be initiated. , Agenda Item C7 H Date /2-8-19 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, INITIATING CONFLICT RESOLUTION PROCEDURES PROVIDED BY SECTION 164.1052 OF THE FLORIDA STATUTES PRIOR TO INITIATING LITIGATION AGAINST THE ClTY PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS IN THE CITY OF MlAMl BEACH ("PENSION FUND") WITH REGARD TO THE PENSION FUND'S POSITION NOT TO IMPLEMENT THE TERMS OF ClTY OF MlAMl BEACH ORDINANCE NO. 2010- 3705 AS THEY RELATE TO PENSION FUND MEMBERS. WHEREAS, on November 17,2010, the City of Miami Beach adopted Ordinance No. 2010-3705 which enacted changes to the Pension Fund affecting members of the Pension Fund; and WHEREAS, the City of Miami Beach has been notified by the Pension Fund that it has taken the position that it will not implement the changes adopted in Ordinance No. 201 0-3705 as such changes pertain to its members; and WHEREAS, the Florida Governmental Conflict Resolution Act, in Section 164.1052 of the Florida Statutes, provides that the governing body of a governmental entity shall initiate conflict resolution procedures through the passage of a resolution by its members which states that it is the intention of the governing body to initiate conflict resolution procedures prior to initiating court proceedings. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, that it is the intention of the Mayor and City Commission to initiate conflict resolution procedures, as provided in Section 164.1052 of the Florida Statutes, against the City Pension Fund for Firefighters and Police Officers in the City of Miami Beach prior to the initiation of court proceedings to resolve the conflict created by the Pension Fund's position that it will not implement the terms in Ordinance No. 2010-3705 as they relate to Pension Fund members. PASSED and ADOPTED this day of December, 2010. ATTEST: MATT1 HERRERA BOWER MAYOR ROBERT PARCHER, ClTY CLERK ClTY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION T:\AGENDA\201O\December 8\Consent\Fire & Police Pension Reso.docx 1.41 G - DATE City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive December 8,2010 Mayor Matti Herrera Bower Vice-Mayor Michael Gongora Commissioner Jorge Exposito 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 Cify 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. REGULAR AGENDA R5 - Ordinances R5A An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Amending Division 14, Entitled "Safety Committee," By Amending Sec. 2-176(E) To Require That One Of The Two Direct Appointments Made By The Mayor And Each City Commissioner Be Citizen Emergency Response Team (CERT) Certified; Providing For Codification, Repealer, Severability, And An Effective Date.l0:15 a.m. Second Reading Public Hearing (Page 135) (City Clerk's Office) (First Reading on November 17, 2010) Regular Agenda, December 8,201 0 R5 - Ordinances (Continued) R5B Expand Public Notice Period From 15 Days To 30 Days For All Four Land Use Boards An Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 118, "Administrative And Review Procedures," Article II, "Boards," Division 5, "Board Of Adjustment," Section 1 18-1 34, "Notification Of Hearings"; Article IV, "Conditional Use Procedure," Section 118-193. "Applications For Conditional Uses"; Article VI, "Design Review Procedures"; Section 118-254, "Decision Of Design Review Board," And Section 118-257, "Deferrals, Continuances And Withdrawals," Article X, "Historic Preservation"; Section 118-563, "Review Procedure," And Section 1 18-591, "Historic Designation Procedure," And Article XI. "Neighborhood Conservation Districts (NCD)"; Section 1 18-705, "Procedures For Adoption Of Specific NCD Overlay Districts," To Expand The Public Notice Period For All Four Land Use Boards From 15 Days To 30 Days; Providing For Repealer; Codification; Severability And An Effective Date. 10:20 a.m. Second Readinn Public Hearing (Page 143) (Planning Department) (First Reading on November 17, 2010) R5C Allow Low Impact Car Washing And Detailing In The C-PS2 Zoning District 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 II "District Regulations," Division 18 "PS Performance Standard District," Amending Section 142-693 "Permitted Uses," By Permitting Low Impact Car Washing And Auto Detailing In The CPS-2 District, When Completely Contained Within A Parking Garage Structure, And Not Visible From The Street Or Public Right-Of- Way; Providing For Repealer, Codification, Severability And An Effective Date. 10:30 a.m. First Reading Public Hearing (Page 155) (Planning Department) R5D 4oth Street Religious Overlay District An Ordinance Amending The City Code, By Amending Chapter 114 Of The City Code, "Zoning Districts And Regulations," Section 1 14-1, "Definitions," Defining "Religious Institution"; Amending Chapter 142, "Zoning Districts And Regulations,'' Article Ill, "Overlay Districts," Creating Division 8, "40th Street Overlay," And By Adding Sections 142-858 "Location And Purpose," 142-859 "Compliance With Regulations," Requiring Conditional Use Approval For Religious Institutions In The 40th Street Overlay District, And 142-860 "Off-Street Parking Regulations;" And Amending Article II, "District Regulations," Division 2 "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," Section 142-1 03 "Conditional Uses," To Add Religious Institutions As A Conditional Use For Properties In The 40th Street Overlay District; And Amending Article IV, "Supplementary District Regulations," Division 4 "Supplementary Yard Regulations," Section 142-1 131 (D) "Generally," To Exempt Properties In The 40th Street Overlay District From Additional 50 Feet Minimum Side Yard Requirement For Public And Semi-public Buildings; And Amending Chapter 118 Of The City Code, "Administration And Review Procedures," Article IV, "Conditional Use Procedures," Section 1 18-1 92, "Review Guidelines," To Add Review Criteria For Religious Institutions; Providing For Codification; Repealer; Severability; And An Effective Date. 10:35 a.m. Second Readinn Public Hearing (Page 163) (Planning Department) (First Reading on October 27, 2010) Regular Agenda, December 8,2010 R5 - Ordinances (Continued) R5E 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. 10:40 a.m. Second Readinn Public Hearing (Page 175) (Planning Department) (First Reading on October 27, 2010) R5F An Ordinance Amending Chapter 70 Of The Miami Beach City Code Entitled "Miscellaneous Offenses"; By Amending Article Ill, Entitled "Graffiti"; By Amending Division I, Entitled "Generally"; By Amending Section 70-126, Entitled "Responsibility Of Property Owner(s) To Remove Graffiti; Graffiti Removal And Notice; Enforcement" By Amending The Responsibilities Of Property Owners With Regard To The Abatement Of Graffiti And Amending Enforcement Provisions; Providing For Repealer; Severability; Codification; And An Effective Date. 10:50 a.m. Second Reading Public Hearing (Page 193) (Code Compliance) (Continued from June 9, 201 0) R5G Roofing Materials 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. First Reading (Page 201) (Planning Department) R5H Lincoln Road Sign District An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 138, Entitled "Signs", By Amending ArticleV, Entitled "Sign Regulations By District", By Amending Section 138-173 To Modify The Requirements For The Lincoln Road Signage District; Providing For Inclusion In The City Code; Providing For Repealer, Severability And An Effective Date. First Reading (Page 209) (Planning Department) R51 An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, "Traffic And Vehicles," Article Ill "Metered Parking," Division 1, "Generally" Section 106-55 (h)(2), "Permanent Parking Space Removal" To Amend The Criteria And Procedure For Permanent Parking Space Or Loading Zone Removal, Providing For Codification, Repealer, Severability And An Effective Date. First Reading (Page 21 7) (Parking Department) Regular Agenda, December 8,2010 R7 - Resolutions R7A A Resolution Approving A Contract Award, Pursuant To Invitation To Bid No. 2-09/10, For The Construction Of The Right-of-way Infrastructure lmprovement Program - Neighborhood No. 88, Bayshore, Lower North Bay Road Project; Authorizing The Mayor And City Clerk To Execute An Agreement With Trans Florida Development Corporation, In The Amount Of $4,055,222.92, For The Construction Of The Project, Plus Approve A Project Contingency In The Amount Of $405,522.29, For A Grand Total Not To Exceed $4,460,745.21; Including $1,399,596.62 From Funds Previously Appropriated In The Capital Budget; Appropriating $3,061,148.59 From Fund 429 Stormwater Projects Line Of Credit, With Such Funds To Be Repaid From Proposed Future Storm Water Bonds; And Further Authorizing The Administration To Engage In Value Engineering To Further Reduce The Cost And Time For Completion Of Said Project. (Page 225) (Capital lmprovement Projects) R7B A Resolution Approving The Selection Of A Public Art Commission For South Pointe Park, Entitled "Lighthouse" (Working Title), As Recommended By The Art In Public Places Committee; The Neighborhoods/Community Affairs Committee; And The Design Review Board; Further Approving And Authorizing The Mayor And City Clerk To Execute A Contract With The Artist, Tobias Rehberger; And Appropriating Funds, In An Amount Not To Exceed $500,000, For Design, Creation, And Installation Of Aforestated Work Of Art; And Appropriating Funds From Fund No. 147 Art In Public Places. (Page 245) (Tourism & Cultural Development) R9 - New Business and Commission Requests R9A Board And Committee Appointments. (Page 257) (City Clerk's Office) R9A1 Board And Committee Appointments - City Commission Appointments. (Page 263) (City Clerk's Office) R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) (Page 269) R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.) R9C Discussion Regarding Resolution No. 2010-27314, In Which The City Commission Voted Against Supporting The Miami Dolphins' Initiative To Get Public Funding For Their Stadium. (Page 271) (Requested by Commissioner Jonah Wolfson) (Deferred from November 17, 201 0) R9D A Discussion Of A Proposed Land Exchange And Development Agreement Among Miami-Dade County, The City Of Miami Beach And South Beach Heights II, Involving The Properties At 615 Collins Avenue (P.E.T. Center), 710-720 Alton Road (Miami Beach Community Health Center), And 725-745 Alton Road (Vacant Private Land). (Page 273) (Economic Development) Regular Agenda, December 8,2010 R9 - New Business and Commission Requests (Continued) R9E Discussion Regarding Crime On Venetian Island And Throughout The City. (Page 281) (Requested by Commissioner Edward L. Tobin) (Additional Information To Be Submitted In The Supplemental) R9F Discussion Regarding Extension Of Bonus Incentive Timeline For The New World Symphony Soundscape Park. (Page 283) (Requested by Commissioner Edward L. Tobin) R9G Discussion Regarding The Noise Ordinance And Allowable Noise Levels In Interior Restaurant Spaces. (Page 285) (Requested by Commissioner Edward L. Tobin) Reports and Informational ltems Reports and Informational ltems (see LTC #320-2010) End of Regular Agenda MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.miamibeachfl.gov HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THE REGULARLY SCHEDULED MEETINGS OF THE ClTY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON CABLE CHANNEL 77, AND ARE AVAILABLE IN THE CITY CLERKS OFFICE. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 9:00 A.M. GENERALLY THE ClTY COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST. DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The Forum is split into two (2) sessions, 1 :30 p.m. and 5:30 p.m., or as soon as possible thereafter, provided that the Commission Meeting has not already adjourned prior to the time set for either session of the Forum. In the event of adiournment prior to the Stanley Sutnick Citizens' Forum, notice will be posted on Cable Channel 77, and posted at City Hall. Approximately thirty (30) minutes will be allocated for each session, with individuals being limited to no more than three (3) minutes or for a time period established by the Mayor. No appointment or advance notification is needed in order to speak to the Commission during this Forum. 2. Prior to every Commission meeting, an Agenda and backup material are published by the Administration. Copies of the Agenda may be obtained at the City Clerk's Office on the Monday prior to the Commission regular meeting. The complete Agenda, including all backup material, is available for inspection beginning the Monday prior to the Commission meeting at the City Clerk's Office and at the following Miami Beach Branch Libraries: Main, North Shore, and South Shore. The information is also available on the City's website: www.miamibeachfl.~ov the Friday prior to a Commission Meeting. Any person requesting placement of an item on the Agenda must provide a written statement with his/her complete address and telephone number to the Office of the City Manager, 1700 Convention Center Drive, 4th Floor, Miami Beach, FI 33 139, briefly outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be handled administratively, an appointment may be scheduled to discuss the matter with a member of the City Manager's staff. "Requests for Agenda Considerationr' will not be placed on the Agenda until after Administrative staff review. Such review will ensure that the issue is germane to the City's business and has been addressed in sufficient detail so that the City Commission may be fully apprised. Such written requests must be received in the City Manager's Office no later than noon on Tuesday of the week prior to the scheduled Commission meeting to allow time for processing and inclusion in the Agenda package. Presenters will be allowed sufficient time, within the discretion of the Mayor, to make their presentations and will be limited to those subiects included in their written requests. 4. Once an Agenda for a Commission Meeting is published, persons wishing to speak on item(s) listed on the Agenda, other than public hearing items and the Dr. Stanley Sutnick Citizens Forum, should call or come to City Hall, Office of the City Clerk, 1700 Convention Center Drive, telephone 673-741 1, before 5:00 p.m., no later than the day prior to the Commission meeting and give their name, the Agenda item to be discussed, and if known, the Agenda item number. 5. All persons who have been listed by the City Clerk to speak on the Agenda item in which they are specifically interested, and persons granted permission by the Mayor, will be allowed sufficient time, within the discretion of the Mayor, to present their views. When there are scheduled public hearings on an Agenda item, IT IS NOT necessary to register at the City Clerk's Office in advance of the meeting. All persons wishing to speak at a public hearing may do so and will be allowed sufficient time, within the discretion of the Mayor, to present their views. 6. If a person wishes to address the Commission on an emergency matter, which is not listed on the Agenda, there will be a period allocated at the commencement of the Commission Meeting when the Mayor calls for additions to, deletions from, or corrections to the Agenda. The decision as to whether or not the matter will be heard, and when it will be heard, is at the discretion of the Mayor. On the presentation of an emergency matter, the speaker's remarks must be concise and related to a specific item. Each speaker will be limited to three minutes, or for a longer or shorter period, at the discretion of the Mayor. 201 1 Schedule of City of Miami Beach City Commission and Redevelopment Agency (RDA) Meetings Meetings begin at 9:00 a.m., and are held in the City Commission Chambers, Third Floor, City Hall, 1 700 Convention Center Drive, Miami Beach, Florida. Commission Meetings Alternate Meetings January 19 (Wednesday) January 26 (Wednesday) February 9 (Wednesday) February 16 (Wednesday) March 9 (Wednesday) March 16 (Wednesday) April 1 3 (Wednesday) April 27 (Wednesday] May 1 1 (Wednesday) May 18 (Wednesday] June 1 (Wednesday) July 13 Wednesday) July 20 Wednesday) August - Cify Commission in recess September 14 (Wednesday) October 1 9' (Wednesday] October 26 (Wednesday) November 2 (Wednesday] - Election related only November 16 (Wednesday] - If Run-off Election only December 14 (Wednesday] December 2 1 (Wednesday) F:\CLER\$ALL\a City Commission\201 1 Schedule of City of Miami Beach.docx AM1 BEACH CITY CLERK'S OFFICE - LOBBYISTS LIST December 8,201 0 Commission Meeting ( NO LOBBYISTS REGISTERED ON ANY I AGENDA ITEMS AS OF TODAY COMMISSION ITEM SUMMARY Condensed Title: I An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, Entitled [ "Administration," By mendi in^ Article Ill, ~ntitled "Agencies, Boards And ~ommkees,;' By Amending Division 14, Entitled "Safety Committee," By Amending Sec. 2-176(E) To Require That One Of The Two Direct Appointments Made By The Mayor And Each City Commissioner Be Citizen Emergency Response Team (CERT) Certified; Providing For Codification, Repealer, Severability, And An Effective Date. Key Intended Outcome Supported: N/A Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the Mayor and City Commission amend the City Code By Amending Sec. 2-176(E) To Require That One Of The Two Direct Appointments Made By The Mayor And Each City Commissioner Be Citizen Emergency Response Team (CERT) Certified? Item SummarylRecommendation: I SECOND READING PUBLIC HEARING I The ordinance was approved on first reading at the November 17, 2010 Commission Meeting with a referral to the Neighborhood/Community Affairs Committee to determine how to transition CERT certified appointee onto the Committee. The item is scheduled to be heard at the December 14'~ meeting of the NeighborhoodlCommunity Affairs Committee. Pursuant to Sec. 2-1 76 (b) the goal of the safety committee is to protect the safety and well-being of the citizens and visitors of the city. As members of the community, the committee serves as a vehicle for communications between those who have the ability to correct them. Through the efforts of the committee, the city will be saved from lawsuits resulting from perilous conditions while simultaneously promoting the overall image of the city. The committee shall be composed of 14 members who shall be direct appointments; two appointments shall be made by the mayor and each commissioner. Pursuant to Sec 2-176 (e) the members of the committee shall have knowledge of and interest in the safety of the citizens of the city. At the Neighborhood/Community Affairs Committee meeting of August 31, 2010, the committee members moved to require that as appointments for the Safety Committee come due, that one (1) of the two (2) members appointed by the mayor and each commissioner be required to be Citizen Emergency Response Team "CERT" certified. I The Administration recommends adopting the Ordinance. 1 Advisory Board Recommendation: Neighborhood1 Community Affairs Committee meeting of 8/31/2010 and accepted by the City Commission on October 27, 2010. Financial Information: I source of I Amount I Account I Funds: I I I 2 1 3 1 OBPl Total I 1 Financial Impact Summary: I AM1 BEACH AGENDA ITEM W5A MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manag DATE: December 8, 201 0 S OND READING PUBLIC HEARING @ SUBJECT: AN ORDINANCE AMENDING E CODE OF THE ClTY OF MIAMI BEACH, BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 14, ENTITLED "SAFETY COMMITTEE," BY AMENDING SEC. 2-176(E) TO REQUIRE THAT ONE OF THE TWO DIRECT APPOINTMENTS MADE BY THE MAYOR AND EACH ClTY COMMISSIONER BE CITIZEN EMERGENCY RESPONSE TEAM (CERT) CERTIFIED; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. BACKGROUND The ordinance was approved on first reading at the November 17, 2010 Commission Meeting with a referral to the Neighborhood/Community Affairs Committee to determine how to transition CERT certified appointee onto the Committee. The item is scheduled to be heard at the December 14'~ meeting of the Neighborhood/Community Affairs Committee. Pursuant to Sec. 2-176 (b) the goal of the safety committee is to protect the safety and well- being of the citizens and visitors of the city. As members of the community, the committee serves as a vehicle for communications between those who have the ability to correct them. Through the efforts of the committee, the city will be saved from lawsuits resulting from perilous conditions while simultaneously promoting the overall image of the city. The committee shall be composed of 14 members who shall be direct appointments; two appointments shall be made by the mayor and each commissioner. Pursuant to Sec 2-176 (e) the members of the committee shall have knowledge of and interest in the safety of the citizens of the city. At the Neighborhood/Community Affairs Committee meeting of August 31, 201 0, the committee members moved to require that as appointments for the Safety Committee come due, that one (1) of the two (2) members appointed by the mayor and each commissioner be required to be Citizen Emergency Response Team "CERT" certified. At its October 27, 2010 Commission Meeting, the City Commission approved the report of August 31, 2010, which requires that one of the two appointments made by the Mayor and each Commissioner be CERT certified. CONCLUSION As requested, the ordinance amends the Code of the City of Miami Beach, by amending Chapter 2, Article Ill, "Agencies, Board And Committees," Division 14, "Safety Committee" Sec. 2-176(e) to require that one of the appointments made by the Mayor and each Commissioner be CERT certified. T:\AGENDA\201 O\Decernber 8\Regular\SAFETY COMMllTEE CERT MEMO.docx ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AMENDING THE CODE OF THE ClTY OF MlAMl BEACH, BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 14, ENTITLED "SAFETY COMMITTEE," BY AMENDING SEC. 2-176(E) TO REQUIRE THAT ONE OF THE TWO DIRECT APPOINTMENTS MADE BY THE MAYOR AND EACH ClTY COMMISSIONER BE CITIZEN EMERGENCY RESPONSE TEAM (CERT) CERTIFIED; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the concept of Citizen Emergency Response Team (CERT) was developed as a way to utilize trained citizens to assist fire responders in the event of a catastrophic incident that overwhelms local response; and WHEREAS, CERT teams are trained in basic first aid and in search and rescue techniques; and WHEREAS, at the October 27, 2010 City Commission Meeting, the City Commission accepted the recommendation of the Neighborhoods and Community Affairs Committee that one of the two direct appointments made by the Mayor and City Commission to the City's Safety Committee be CERT certified. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA: SECTION 1. That Section 2-1 76 of Chapter 2 of the Miami Beach City Code is hereby amended as follows: Chapter 2 ADMINISTRATION Article Ill. Agencies, Boards And Committees Division 44. Safety Committee Sec. 2-176. Established; purpose; powers and duties; composition. (e) Knowledge and experience. The members of the committee shall have knowledge of and interest in the safety of the citizens of the city. One of the two direct amointments made bv the Mavor and each Commissioner shall be Citizen Emeraencv Res~onse Team (CERT) certified. SECTION 2. 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 re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith are hereby repealed. SECTION 4. SEVERABILIW. 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 the day of November, 201 0. PASSED and ADOPTED this day of November, 201 0. ATTEST: Matti Herrera Bower, Mayor Robert Parcher, City Clerk Underline denotes additions T:\AGENDA\201O\November lnRegular\SAFETY COMMITTEE CERT OR Board and Committees Current Members Composition: Committee consists of fourteen (14) members who shall be direct appointments, two (2) appointments shall be made by the Mayor and each Commissioner. The members shall have knowledge of and interest in the safety of the citizens of the city. City Liaison: Clifford Leonard To replace Rheta Lastinaer 12/31/2010 Commissioner Jorge Exposito Name Last Name PositionITitle Term Ends: Appointed by: Term Limit: Abe Alfredo Barbara Baruch Calvin Jane Jeannette Jerry Jonathan Marcella Oren Robert Scott Lavender ReY Gillman Sandhaus Kohli Hayes Egozi Marsch Parker Paz Cohen Lieber Rabinowitz Robins Mayor Matti Herrera Bower 12/31/11 Commissioner Deede Weithorn 12/31/17 Commissioner Jonah M. Wolfson 12/31/13 Commissioner Jorge Exposito 12/31/17 Commissioner Jerry Libbin 12/31/16 Commissioner Jerry Libbin 12/31/17 Commissioner Michael G6ngora 12/31/17 Mayor Matti Herrera Bower 12/31/13 Commissioner Jonah M. Wolfson 12/31/16 Commissioner Deede Weithorn 12/31/16 Commissioner Ed Tobin 12/31/14 Commissioner Michael Gbngora 12/31/17 Commissioner Ed Tobin 12/31/17 -- - - - - -- - - - - - Applicants PositionPTitle Applicants PositionPTitle Francisco Ruiz Gertrude Arfa Ida Percal Maria Gomez Michael Perlmutter Robert Blumenthal Silvia Rotbart --~~-~G~-~m--~~7~~~e~~~~~w~~~~ Tz~esdny, November 02,2010 Page 41 of 48 CITY OF MIAMI BEACH NOTICE PUBLIC HEARINGS NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rdfloor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, December 8"', 2010, to consider the following: t$ 10:15a.m. Ordinance AmendingThe Code MThe City bf Miami Beach, By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Amending Division 14, Entitled "Safety Committee," By Amending Sec. 2-176(E) To Require That One Of The Two Direct Appointments Made By The Mayor And Each City Commissioner Be Citizen Emergency Response Team (CERT) Certified. lnquiries may be directed to the City Clerk's Office 9305) 673-741 1. 10:20 a.m. Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 118,- "Administrative And Review Procedures," Article II, "Boards," Division 5, "Board Of Adjustment," Section 118-134, "Notification Of Hearings"; Article IV, "Gonditional Use Procedure," Section 118-193. "Applications For Conditional Uses"; Article VI, "Design Review Procedures"; Section 11 8-254, "Decision Of Design Review Board," And Secfion 118-257, "Deferrals, Continuances And Withdrawals," Article X, "Historic Preservation"; Section 11 8-563, "Review Procedure," And Section 11 8-591, "Historic Designation Procedure," And Article XI. "Neighborhood Conservation Districts (NCD)"; Section 11 8-705, "Procedures For Adoption Of Specific NCD Overlay Districts," To Expand The Public Notice Period For All Four Land Use Boards From 15 Days To 30 Days. lnquiries may be directed to the Planning Department (305) 673-7550. 10:40 a.m. Ordinance Amending The Code Of he Gity 0f 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. lnquiries may be directed to the Planning Department (305) 673-7550. INTERESTED PAR~~Es are invited to appear at this meeting or be represented by an agent or to express Weir views in writing addressed to the City Commission c/o the City Clerk, 1700 Convention Center Drive, I* Floor, City Hall, Miami Beach, Florida 33139. This meeting may be opened and continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, FL Statutes, the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does-it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding, or to request information on access for persons with disabilities, or to request this publication in accessible format, or to request sign language interpreters, should contact the City Clerk's offiffie at (395) 673-741 1, no later than four days prior to the proceeding. If hearing impaired, contact the City Clerk's office via the Florida Relay Service numbers, (800) 955- 8771 0 or (800) 955-8770 (VOICE). AD #,637 - 141 THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: I An ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending the public I I notice period from 15 days to 30 days for all four land use boards Key Intended Outcome Supported: I Regulatory - I Supporting Data (Surveys, Environmental Scan, etc Regulatory I Issue: Should the City Commission expand the public noticing requirement of all four land use boards from 15 days to 30 days; thereby extending the submission deadlines from approximately 45 days to 60 days? Item SummarylRecommendation: SECOND READING PUBLIC HEARING At the September 27,2010 meeting, the Land Use and Development Committee discussed and referred an ordinance to the Planning Board that would extend the mailed notice requirement in the Land Development Regulations of the City Code from 15 days to 30 days. This proposal developed out of the TRAC Committee recommendations to make the Land Development Application and Review Process more transparent and accessible to the public. Implementation of the proposed ordinance will result in delaying the timing for applications to be heard by the respective land use boards. By requiring the publishing of a 30-day notice, staff will have to advance the submission deadlines an additional two weeks, which will have the effect of making this a two-month (60 days) deadline before the scheduled hearing. However, since additional requirements have been adopted in the past year, requiring certain consultant studies for noise and traffic impacts, and in many cases requiring a second peer review performed by a City hired professional consultant, building extra time into the application process is warranted in order to allow adequate time to commission and review such studies. The Administration recommends that the City Commission adopt the proposed ordinance. I Idvisory Board Recommendation: At the October 26,201 0 meeting, the Planning Board voted not to recommend approval of the proposed ordinance by a vote of 5-2. The Board discussed this ordinance extensively and ultimately believed that the additional time added to the submission deadlines in order to provide a 30-day notice was not business friendly and extremely onerous to applicants. :inancia1 Information: Financial Impact Summary: The proposed ordinance is not expected to have any fiscal impact upon the resources of the City at this time. City Clerk's Office Legislative Tracking: I Richard Lorber or Mercy Lamazares I u I OBPl MIAMIBEACH Account Source of Funds: I I Total I 2 1 Amount MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the Cit~Commission FROM: Jorge M. Gonzalez, City Manager DATE: December 8, 201 0 econd read in^ Public Hearinq $ij SUBJECT: AN ORDINANCE AMENDMENT TO EXPAND THE PUBLIC NOTICE PERIOD FROM 15 DAYS TO 30 DAYS FOR ALL FOUR LAND USE BOARDS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE ClN OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 118, "ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE II, "BOARDS," DIVISION 5, "BOARD OF ADJUSTMENT," SECTION 118-134, "NOTIFICATION OF HEARINGS"; ARTICLE IV, "CONDITIONAL USE PROCEDURE," SECTION 118-193. "APPLICATIONS FOR CONDITIONAL USES"; ARTICLE VI, "DESIGN REVIEW PROCEDURES"; CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE x, "HISTORIC PRESERVATION"; AND ARTICLE XI. "NEIGHBORHOOD CONSERVATION DISTRICTS (NCD)"; TO EXPAND THE PUBLIC NOTICE PERIOD FOR ALL FOUR LAND USE BOARDS FROM 15 DAYS TO 30 DAYS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinance. BACKGROUND At the September 27, 2010 meeting, the Land Use and Development Committee discussed and referred an ordinance to the Planning Board that would extend the mailed notice requirement in the Land Development Regulations of the City Code from 15 days to 30 days. This proposal developed out of the TRAC Committee recommendations to make the Land Development Application and Review Process more transparent and accessible to the public. City Commission Memorandum File 1980 - expand the public notice period from 15 days to 30 days for all four land use boards December 8. 2010 Paae 2 ANALYSIS At the Land Use and Development Committee meeting of October 26, 2009, staff discussed with the Committee their plans to post additional information and documentation on the City's website and to expand the language of the project descriptions in the public notices for the Land Use Boards. The TRAC Committee recommendation to expand the public notice period for the four Land Use Boards (Planning Board, Board of Adjustment, Historic Preservation Board and Design Review Board) from 15 days to 30 days will require an amendment to the Land Development regulations. The attached ordinance would accomplish this task for all four boards. Implementation of the proposed ordinance will result in delaying the timing for applications to be heard by the respective land use boards. By requiring the publishing of a 30-day notice, staff will have to advance the submission deadlines an additional two weeks, which will have the effect of making this a two-month (60 days) deadline before the scheduled hearing. However, since additional requirements have been adopted in the past year, requiring certain consultant studies for noise and traffic impacts, and in many cases requiring a second peer review performed by a City hired professional consultant, building extra time into the application process is warranted in order to allow adequate time to commission and review such studies. Planning Department staff has been discussing this proposal to extend the notice requirements with the four Land Use Boards, with stakeholders from the business and development community and with the neighborhood residents and citizen activists. There is always a strong desire to streamline governmental processes and reduce the time it takes to have proposals reviewed and approved. However, there is also a clear realization that additional public notice for pending land use and development approvals is important. Often public hearings are delayed or continued by the boards, when nearby residents or neighborhood groups complain about not having been notified about proposals until the last minute. Rather than to continue to entertain these arguments, by extending the notice period to 30 days, conflicts over late noticing can be reduced, and all parties can have more time to work together on building consensus. By extending the timeframes for applications and public notices for Land Use board hearings, together with improvements to the City's website and public outreach, Planning Department staff believes that significant increases in public awareness and participation in the City's Planning and Development activities can be achieved. Attached is a sample staff worksheet that illustrates how these new deadlines would work in relation to the meeting date. PLANNING BOARD ACTION At the October 26, 2010 meeting, the Planning Board voted not to recommend approval of the proposed ordinance by a vote of 5-2. The Board discussed this ordinance extensively and ultimately believed that the additional time added to the submission deadlines in order to provide a 30-day notice was not business friendly and would be extremely onerous to applicants. The City Commission approved the proposed ordinance on first reading on November 17, 2010. Cify Commission Memorandum File 1980 - expand the public notice period from 15 days to 30 days for all four land use boards December 8, 2010 Page 3 CONCLUSION The Administration recommends that the City Commission adopt the proposed ordinance. Pursuant to Section 118-164 (3) of the City Code, when a request to amend the land development regulations does not change the actual list of permitted, conditional or prohibited uses in a zoning category, the proposed ordinance may be read by title or in full on at least two separate days and shall, at least ten days prior to adoption, be noticed once in a newspaper of general circulation in the city. Immediately following the public hearing at the second reading, the city commission may adopt the ordinance by an affirmative vote of five-sevenths of all members of the city commission. T:\AGENDA\201O\December 8\Regular\1980 - expan to 30-day notice memo.docx City Commission Memorandum File 1980 - expand the public notice period from 15 days fo 30 days for all four land use boards December 8, 2010 Page 4 PLANNING DEPARTMENT PUBLISHED NOTICE & POSTING LOG PLANNING BOARD - Examp!@ worksheet MEETING DATE: Submission deadline for this meeting (the Monday 60 days prior to meeting) (If the date falls on a holiday, then the following day) MAILING DEADLINES: Labels, Envelopes & Notices picked up by: (40 days prior) Stuffed and labeled envelopes due back by: (35 days prior) 21 -Sep-I 0 Stuffed and labeled envelopes in mailbox by (30 days prior) 26-Sep-10 Posting of properties by: (30 days prior) 26-Sep-10 PUBLISHING: To Miami Herald Neighbors: 35 days prior) 21 -Sep-I 0 Deadline for Miami Herald Neighbors: 34 days prior) 22-Sep-I 0 Published in the Miami Herald Neighbors: (Sunday - 30 days prior) 26-Sep-10 Post After-Action report on City's Web Site 30-Oct-10 PACKAGES AND WEB INFO: Send complete packages to Board Members (the prior Thursday) 21 -0ct-I 0 E-Mail Agenda to Web & Mailing List 21 -0ct-10 E-Mail N Agenda to Jeffrey Singer 21 -0ct-10 15 days prior to the meeting: (Monday) I1 -0ct-10 21 days prior to the meeting: (Tuesday) 05-Oct-I 0 MEETING DATE: (Tuesday) 26-Oct-10 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE ClTY CODE BY AMENDING CHAPTER 118, "ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE II, "BOARDS," DIVISION 5, "BOARD OF ADJUSTMENT," SECTION 1 18-134, "NOTIFICATION OF HEARINGS"; ARTICLE IV, "CONDITIONAL USE PROCEDURE," SECTION 1 18-1 93. "APPLICATIONS FOR CONDITIONAL USES"; ARTICLE VI, "DESIGN REVIEW PROCEDURES"; SECTION 118-254, "DECISION OF DESIGN REVIEW BOARD," AND SECTION 118-257, "DEFERRALS, CONTINUANCES AND WITHDRAWALS," ARTICLE X, "HISTORIC PRESERVATION"; SECTION 118-563, 'TEVIEW PROCEDURE," AND SECTION I 18-591, "HISTORIC DESIGNATION PROCEDURE," AND ARTICLE XI, "NEIGHBORHOOD CONSERVATION DISTRICTS (NCD)"; SECTION 11 8-705, "PROCEDURES FOR ADOPTION OF SPECIFIC NCD OVERLAY DISTRICTS," TO EXPAND THE PUBLIC NOTICE PERIOD FOR ALL FOUR LAND USE BOARDS FROM 15 DAYS TO 30 DAYS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the TRAC Committee recommendations aspire to make the Land Development Application and Review Process more transparent and accessible to the public; and WHEREAS, an important recommendation of the Committee was to extend the required mailed and newspaper notices for all four land use boards from 15 days to 30 days minimum; and WHEREAS, the Land Use and Development Committee requested that an ordinance amendment be drafted, which will extend the required mailed and newspaper notice for all four land use boards from 15 days to 30 days minimum; and WHEREAS, doing so should result in significant increases in public awareness and participation in the City's Planning and Development activities; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: Section 1. Chapter 118, "Administration and Review Procedures," Article II, Boards,, Division 5,"Board of Adjustment," Section 118-134, "Notification of hearings" is hereby amended as follows: Sec. 1 18-1 34. Notification of hearings. The board of adjustment shall not vary or modify any regulation or provision of these land development regulations or hear an appeal of an administrative decision until a public hearing has been held. At least 30 davs prior to the public hearing date, a description of the reauest, and the date, time and place of such hearing shall be (i) posted on the propertv, (ii) advertised in a paper of general paid circulation in the communitv, and (iii) given bv mail to the owners of record of land lving within 375 feet of the ~ropertv. This mailed notification reauirement shall be the responsibilitv of the applicant. iz 3 Where the application is for an appeal of an administrative decision the preceding information shall be supplemented by an explanation of what is being appealed. Section 2. Chapter 11 8, "Administration and Review Procedures," Article IV, "Conditional Use Procedure," Sec. 1 18-1 93. "Applications for conditional uses" is hereby amended as follows: Sec. 11 8-1 93. Applications for conditional uses. At least 30 days prior to the public hearing date, a description of the request, and the date, time and place of such hearing shall be posted on the property, & advertised in a paper of general paid circulation in the community, and (iii) , given by mail to the owners of record of land lying within 375 feet of the property. This mailed notification requirement shall be the responsibility of the applicant. Section 3. Chapter 118, "Administration and Review Procedures," Article VI, "Design Review Procedures," is hereby amended as follows: Sec. 1 18-254. "Decision of design review board" (b) V At least 30 days prior to the public hearing date, a description of the request, and the date, time and place of such hearing shall be (i) posted on the propertv, (ii) be advertised in a paper of general paid circulation in the communitv . . m; and (iii) given by mail to the owners of record of land lying within 375 feet of property. The mail notification requirement shall be the responsibility of the applicant. Set. 1 18-257. Deferrals, continuances, and withdrawals. (a) An applicant may defer an application before the public hearing only one time. The request to defer shall be in writing. When an application is deferred, it shall be re- noticed at the applicant's expense as provided in section 11 8-254. The applicant shall also pay a deferral fee as set forth in this article. In the event that the application is not presented to the design review board for approval at the meeting date for which the application was deferred, the application shall be deemed null and void. If the application is deferred by the board, the notice requirements shall be the same as for a new application as provided in section 11 8-254, and shall be at the city's expense. (b) The board may continue an application to a date certain at either the request of ... the applicant or at its own discretion. a Section 4. Chapter 11 8, "Administration and Review Procedures," Article XI "Historic Preservation," is hereby amended as follows: Division 3. Issuance Of Certificate Of Appropriateness/Certificate To DigKertificate Of Appropriateness For Demolition" Section 1 18-563, "Review procedure" (c) All applications for a certificate of appropriateness for the demolition or partial demolition of any building, structure, improvement, significant landscape feature, public interior or site individually designated in accordance with sections 118-591, 118-592 and 118-593, or located within an historic district and all applications for a certificate of appropriateness for new building construction, alteration, rehabilitation, renovation, restoration or any other physical modification of any building, structure, improvement, significant landscape feature, public interior or site individually designated in accordance with sections 1 18-591, 11 8-592 and 1 18-593, or located within an historic district shall only be considered by the board following a public hearing. At least 30 days prior to the public hearing date, a description of the request with the date, time and place of such hearing shall be fi posted on the propertv, (ii) advertised in a paper of general paid circulation in the comm~nity;~ and fw&+&aU be given by mail to the owners of record of land lying within 375 feet of the property. The mail notification requirement shall be the responsibility of the applicant. Division 4. Designation Sec. 1 18-591. Historic designation procedure. (f) Public hearing; notification. A public hearing on a proposed historic preservation designation shall be conducted by the historic preservation board after the date a designation report has been filed. The property owners of record within 375 feet of the property proposed for designation shall be notified by mail of the public hearing at least 4-5 %days in advance of the hearing. This notification requirement shall be the responsibility of the applicant. (g) Designation procedures initiated by owners of single-family homes in single- family districts. Notwithstanding the above, the following shall apply to any request by property owners for the individual designation of their single-family homes as historic structures: (2) Public notice requirements. At least 4-5 =days prior to the public hearing date for the subject designation, a description of the request with the time and place of the public hearing, shall be advertised in a paper of general paid circulation in the community. Section 5. Chapter 118, "Administration and Review Procedures," Article XI. "Neighborhood Conservation Districts (NCD)" is hereby amended as follows: Sec. 1 I 8-705. Procedures for adoption of specific NCD overlay districts. (b) Preliminary review. (2) Notification of the preliminary public hearing shall be advertised in accordance with section 118-164(2)(b) regardless of acreage and, in addition, all property owners within the proposed district as well as within a 375-foot radius of the proposed district shall be notified by individual mail notice with a description prepared in plain English, and postmarked not less than 445 =days in advance of the hearing. (d) Discussion and recommendations by the design review board. (2) Notification of this public meeting shall be advertised in a newspaper of general circulation at least 4-5 =days prior to the meeting. Section 6. Repealer. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same are hereby repealed. Section 7. 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 "sectionJ1 or other appropriate word. Section 8. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 9. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this day of , 2010. MAYOR ATTEST: CITY CLERK First Reading: Second Reading: APPROVED AS TO I FORM AND LANGUAGE & FOR EXECUTION Date Verified by: Richard G. Lorber, AlCP Acting Planning Director Underscore denotes new language. S2&Mmqb denotes deleted language. T:\AGENDA\2010Wovember 17Regular\Expan to 30-day notice ORD rev.docx @h MIAMIBEACH CITY OF MIAMI BEACH NOTICE PUBLIC HEARINGS NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rdfloor, City Hall, 1700 Convention Center Drive, Miami.Beach, Florida, on Wednesday, December 8"', 2010, to consider the following: l&15 a.m. Ordinance Amending The Code MThe City bf Miami Beach, By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Amending Division 14, Entitled "Safety Committee," By Amending Sec. 2-176(E) To Require That One Of The Two Direct Appointments Made By The Mayor And Each City d Commissioner Be Citizen Emergency Response Team (CERTJ Certified. lnquiries may be directed to the City Clerk's Office 9305) 673-741 1. 10:20 a.m. ,Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 11 8; "Administrative And Review Procedures," Article 11, "Boards," Division 5, "Board Of Adjustment," Section 118-134, "Notification Df. Hearings"; Article IV, "Conditional Use Procedure," Section 118-193. "Applications For Conditional Uses"; Article VI, "Design Review Procedures"; Section 118-254, "Decision Of Design Review Board," And Section 118-257, "Deferrals, Continuances And Wihdrawals," Article X, "Historic Preservation"; Section 11 8-563, "Review Procedure," And Section 11 8-591, "Historic Designation Procedure," &id Article XI. "Neighborhood Conservation Districts (NCD)"; Section 118-705, "Procedures For Adoption Of Specific NCD Overlay Districts," To Expand The Public Notice Period For All Four Land Use Boards From 15 Days To 30 Days. lnquiries may be directed to the Planning Department (305) 673-7550. ' 10:40 a.m. Ordinance Amending The Code Of The Gity 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. Inquiries may be directed to the Planning Department (305) 673-7550. INTERESTED PARTIES are invited to appear at this meeting or be represented by an agent or to express their views in writing addressed to the City Commission c/o the City Clerk, 1700 Convention Center Drive, 1"' Floor, City Hall, Miami Beach, Florida 33139. This meeting may be opened and continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, FL Statutes, the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any maiter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not const'iute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does'it authorize challenges or appeals not otherwise allowed by law. In accordance with the Ameriuans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding, or to request information on access for persons with disabilities, or to request this publication in accessible format, or to request sign language interpreters, should contact the City Clerk's office at (305) 673-741 1, no later than four days prior to the proceeding. If hearing impaired, contact the City Clerk's office via the Florida Relay Service numbers, (800) 955- 8771 0 or (800) 955-8770 (VOICE). AD #,637 - 153 THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: I I An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article II "District Regulations," Division 18 "PS Performance Standard District," Amending Section 142-693 "Permitted Uses," By Permitting Low Impact Car Washing And Auto Detailing In The CPS-2 District, When Completely Contained Within A Parking Garage Structure, And Not Visible From The Street Or Public Right-of-way. Key Intended Outcome Supported: Neighborhood satisfaction and Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc Nearly half of all residential respondents, 47.6%, suggested the effort put forth by the City to regulate development is "about the right amount." Issue: I Should the City Commission allow low impact car washing and auto detailing in parking structures in the I I C-PS2? Item SummarylRecommendation: FIRST READING PUBLIC HEARING Currently, Section 142-692 of the City Code contains a list of uses permitted in each district within the PS Performance Standards districts, the area located south of Sixth Street, and from the Atlantic Ocean to Biscayne Bay, which is analogous to the previously existing redevelopment area. As such, although commercial uses are permitted within the Commercial districts such as CPS-2, the development regulations for this zoning district contain a prohibition that car washes, filling stations and any use that sells gasoline, automobiles or auto repair, as they are considered industrial uses and not permitted in the redevelopment area. While there has been strong demand for car wash services within the City, these are limited to the Urban Light Industrial 1-1 district, and as accessory uses to existing non-conforming gas stations when part of a renovation including the provision of a generator. However, while completely enclosed commercial car washes may be potentially permitted in other Commercial zoning districts, in the case of the C-PS2, even that possibility does not exist, because of the blanket prohibition on car washes contained in the section. I I I Financial Impact Summary: The proposed ordinance is not expected to have any fiscal impact upon The Administration recommends that the City Commission approve the proposed ordinance on first reading public hearing and set a second reading public hearing at the January 19, 201 1 meeting. Advisory Board Recommendation: At the October 26,2010 meeting, the Planning Board recommended that the City Commission approve proposed ordinance by a vote of 5-1 (one member absent). Financial Information: I the resources of the City at this time. I City Clerk's Office Legislative Tracking: Richard Lorber or Mercy Lamazares MIAMIBEACH Source of Funds: 1 OBPl AGENDA ITEM 85 c Amount 1 2 Total Account MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manage 9-x" DATE: December 8, 201 (36 ~rst Readina Public Hearing SUBJECT: Allow low impact car washing and detailing in the C-PS2 zoning district. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE CIN OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE ClTY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"ARTlCLE II "DISTRICT REGULATIONS," DIVISION 18 "PS PERFORMANCE STANDARD DISTRICT," AMENDING SECTION 142-693 "PERMITTED USES," BY PERMITTING LOW IMPACT CAR WASHING AND AUTO DETAILING IN THE CPS-2 DISTRICT, WHEN COMPLETELY CONTAINED WITHIN A PARKING GARAGE STRUCTURE, AND NOT VISIBLE FROM THE STREET OR PUBLIC RIGHT-OF-WAY; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the proposed ordinance on first reading and set a second reading public hearing for the January 19, 201 1 meeting, after 5:00 p.m. BACKGROUND At the July 29, 2010 meeting, the Land Use and Development Committee discussed a request made by the City Commission, at its July 14, 2010 meeting, for a possible amendment to the development regulations of the C-PS2 zoning district that would permit low impact car washing and detailing within a parking structure Historical Background The South Shore Redevelopment Agency was created in 1973. At that time the agency prepared a redevelopment plan, "The South Shore Redevelopment Plan," adopted on March 2, 1977. The Plan called for "predominant clearance of buildings and the selection of a master developer. In 1982, after failing to select a master developer, the Cify Commission Memorandum File 1978 - low impact car washing and defailing in the C-PS2 zoning district December 8, 2010 Page 2 City abandoned the 1976 Redevelopment Plan and appointed a committee to prepare a new revitalization strategy for the area. Ordinance No. 84-2439, adopted on September 19, 1984 established the PS Performance Standard District for the South Shore Redevelopment area and the development regulations for the district. Ordinance 89-2665, known as the Comprehensive Zoning Ordinance, which became effective on October 1, 1989, which amended previous zoning ordinances, included a restriction in the PS Performance Standard District for filling stations and any use that sells gasoline or automotive or related repair uses. These uses were considered industrial uses and not to be permitted in the Redevelopment Area. Ordinance 94-2908 amended the Comprehensive Zoning Ordinance No. 89-2665. Among the amendments was new text clarifying the uses allowed in the PS Performance Standard District by including in the uses not permitted the sale of automobiles. It should be noted that long ago, the sale and service of automobiles was a permitted use in the area. The 5th and Alton project occupies what was the Potamkin dealership service area. The showroom at the time was across the street to the west. It should also be noted that the South Shore Redevelopment Area was sunsetted on September 30, 2005 although the PS Performance Standard regulations remain in place. ANALYSIS Currently, Section 142-692 of the City Code contains a list of uses permitted in each district within the PS Performance Standards districts, the area located south of Sixth Street, and from the Atlantic Ocean to Biscayne Bay, which is analogous to the previously existing redevelopment area. As such, although commercial uses are permitted within the Commercial districts such as CPS-2, the development regulations for this zoning district contain a prohibition that car washes, filling stations and any use City Commission Memorandum File 1978 - low impact car washing and detailing in the C-PS2 zoning district December 8, 2010 Pane 3 that sells gasoline, automobiles or auto repair, as they are considered industrial uses and not permitted in the redevelopment area. While there has been strong demand for car wash services within the City, these are limited to the Urban Light Industrial 1-1 district, and as accessory uses to existing non- conforming gas stations when part of a renovation including the provision of a generator. However, while completely enclosed commercial car washes may be potentially permitted in other Commercial zoning districts, in the case of the C-PS2, even that possibility does not exist, because of the blanket prohibition on car washes contained in the section. Staff suggests that the ordinance permit low impact car wash and auto detailing services within parking garage structures in the CPS-2 district, when such services are completely contained within the garage and not visible from the street or public right-of- way. These types of accessory car washes are common in other areas of South Florida and should not cause disruption to neighboring properties if contained properly. For purposes of this ordinance, low impact car wash will be defined as mobile type car washes or wand car washes, and excluding rollover or tunnel car washes. PLANNING BOARD ACTION At the October 26, 2010 meeting, the Planning Board recommended that the City Commission approve the proposed ordinance by a vote of 5-1, with one member absent. CONCLUSION The Administration recommends that the City Commission approve the proposed ordinance on first reading and set a second reading public hearing for the January 19, 201 1 meeting, after 5:00 p.m. Pursuant to Section 118-164 (2) of the City Code, when the proposed amendment changes the actual list of permitted, conditional or prohibited uses within a zoning category, regardless of the acreage of the area affected, the City Commission shall hold two advertised public hearings on the proposed ordinance. At least one hearing shall be held after 500 p.m. on a weekday. The first public hearing shall be held at least seven days after the day that the first advertisement is published. The second public hearing shall be advertised at least five days prior to the public hearing. The required advertisements shall be no less than two columns wide by ten inches long in a standard size or tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall be in substantially the following form: NOTICE OF (TYPE OF) CHANGE The City of Miami Beach proposes to adopt the following ordinance: (title of ordinance) A public hearing on the ordinance will be held on (date and time) at (meetina place). p" JMGIJGGIR LIML T:\AGENDA\201O\Decernber 8\Regular\1978 - Car wash in CPS2 rnerno.docx ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE ClTY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE I1 "DISTRICT REGULATIONS," DIVISION 18 "PS PERFORMANCE STANDARD DISTRICT," AMENDING SECTION 142-693 "PERMITTED USES," BY PERMITTING LOW IMPACT CAR WASHING AND AUTO DETAILING IN THE CPS-2 DISTRICT, WHEN COMPLETELY CONTAINED WITHIN A PARKING GARAGE STRUCTURE, AND NOT VISIBLE FROM THE STREET OR PUBLIC RIGHT-OF-WAY; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, while commercial uses are permitted within the Commercial districts, the CPS-2 district regulations contain a prohibition for car washes, filling stations and any use that sells gasoline, automobiles or auto repair, as these uses are treated as industrial uses for purposes of the redevelopment area and not permitted there; and WHEREAS, car wash services within the City are limited to the Urban Light Industrial 1-1 district, and as accessory uses to existing, and to non-conforming gas stations when the provision of a generator is part of a renovation; and WHEREAS, commercial car washes could potentially be permitted in other Commercial zoning districts if completely enclosed and not outwardly apparent as an automobile related use; and WHEREAS, these types of accessory car washes should not cause disruption to neighboring properties if contained properly; and WHEREAS, this type of service would be in the best interest of the City and the general welfare of its residents. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 142, "Zoning Districts and Regulations," Article II "District Regulations," Division 18 "PS Performance Standard District," is hereby amended as follows: Sec. 142-693. Permitted uses. (b) For purposes of this section, a car wash, filling station and any use that sells gasoline, automobiles or automotive or related repair uses are considered as industrial uses and are not permitted in the redevelopment area. However, notwithstanding the foregoing, within the CPS-2 zoning district, low impact car washing and auto detailing are permitted when located completelv contained within a parking garage structure, and is not visible from the street or public right-of-wav. For purposes of this ordinance, low impact car wash means mobile tvpe car washes or wand car washes, and excludes rollover or tunnel car washes. Section 2. Repealer. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same 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 , 2011. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM AND LANGUAGE First Reading: Second Reading: Verified by: Richard G. Lorber, AlCP Acting Planning Director Underscore denotes new language. denotes deleted language. F:\PLAN\$PLB\draft ordinances\l978 - car wash in CPSP\ordinance.doc 'MIAMI BEACH CITY OF MIAMI BEACH NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that a First Reading and Public Hearing will be held by the City Commission of the City of Miami each on WEDNESDAY, December 8th, 2010 at 10:30 a.m. in the City Commission Chambers, Third Floor, City Hall, located at 1700 Convention Center Drive, Miami Beach, Florida 331 39 to consider Ordinance To Consider An Amendment To Chapter 142,66Zoning Districts And Regulations," Article II "District Regulations," Division 18 "PS Performance Standard District," Amending Section 142-693 "Permitted Uses," By Permitting Low Impact Car washing And Auto Detailing In The CPS-2 District, When Completely Contained Within A Parking Garage Structure, And Not Visible From The Street Or Public Right-of-way. All interested parties are invited.to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the Planning Board c/o the Planning Department, 1700 Convention Center Drive, City. Hall, Miami Beach, Florida 33139. Copies of the proposed amendments are available in the Planning Department. Pursuant to Florida Stat. 286.01 05, the City hereby advises the public that if a person decides to appeal any decision made by the Planning Board with respect to any matter coisidered at its meeting or its hearing, such person must ensure that a verbatim. record of the proceedings is made, which record must include the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding should contact the Board's Administrator no later than four days priorFto the proceeding. Telephone (305) 673-7550 for assistance; if hearing impaired, telephone the Florida Relay Service numbers, (305) 673-721 8 or 71 I, for assistance. (AD .# 638) THURSDAY, NOVEMBER 25,2010 I 11NE THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: 1 A proposed ordinance amendment defining "religious institution," creating a 40th street religious 1 institution overlay district, requiring conditional use approval for religious institutions in the 40th street overlay district, specifying parking and development regulations for the above, and adding review criteria for religious institutions. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc Nearly half of all residential respondents, 47.6%, suggested the effort put forth by the City to regulate development is "about the right amount." Issue: Should the Commission address the specific issue of existing religious institutions on the 40th Street by the creation of a religious institution overlay district? Item SummarylRecommendation: I OPEN AND CONTINUE The proposed ordinance defines a religious institution overlay district, specifying the district as those properties with a lot line on the south side of 40th Street, between Chase Avenue to the west and Pine Tree Drive to the east (see attached graphic map). The ordinance amends the Single Family Residential zoning district regulations, by permitting religious institutions within the overlay district, in existing rehabilitated structures or new construction, as conditional uses, and specifies development regulations to be compatible with surrounding single family homes. The Administration recommends that the City Commission open and continue the ordinance to the January 19, 201 1 meeting in order to do a 30-day notice by mail. Advisory Board Recommendation: At the September 28, 2010 meeting the Planning Board recommended approval of the proposed ordinance. The Board also recommended that the property known as the "Kollel" located at 3767 Chase Avenue, adjacent to the proposed overlay district to the south of Temple Beth Israel, be included in the overlay district at some time in the future. City Clerk's Office Legislative Tracking: I Richard Lorber Financial Information: @ MIAMIBEACH Source of Funds: El OBPl AOENDA ITEM 850 Financial Impact Summary: Not Applicable Account 1 2 Total Amount 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 w DATE: December 8, 201 0 SUBJECT: Ordinance Amendment - 4oth Street Religious Overlay District AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE ClTY CODE, BY AMENDING CHAPTER 114 OF THE ClTY CODE, "ZONING DISTRICTS AND REGULATIONS," SECTION 114-1, "DEFINITIONS," DEFINING "RELIGIOUS INSTITUTION"; AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS," CREATING DIVISION 8, "40TH STREET OVERLAY," AND BY ADDING SECTIONS 142-858 "LOCATION AND PURPOSE," 142-859 "COMPLIANCE WITH REGULATIONS," REQUIRING CONDITIONAL USE APPROVAL FOR RELIGIOUS INSTITUTIONS IN THE 4oTH STREET OVERLAY DISTRICT, AND 142-860 "OFF-STREET PARKING REGULATIONS;" AND AMENDING ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2 "RS-1, RS-2, RS-3, RS-4 SINGLE- FAMILY RESIDENTIAL DISTRICTS," SECTION 142-103 "CONDITIONAL USES," TO ADD RELIGIOUS INSTITUTIONS AS A CONDITIONAL USE FOR PROPERTIES IN THE 4oTH STREET OVERLAY DISTRICT; AND AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4 "SUPPLEMENTARY YARD REGULATIONS," SECTION 142-1 131(d) "GENERALLY," TO EXEMPT PROPERTIES IN THE 4oTH STREET OVERLAY DISTRICT FROM ADDITIONAL 50 FEET MINIMUM SIDE YARD REQUIREMENT FOR PUBLIC AND SEMI-PUBLIC BUILDINGS; AND AMENDING CHAPTER 118 OF THE ClTY CODE, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IVY "CONDITIONAL USE PROCEDURES," SECTION 11 8-1 92, "REVIEW GUIDELINES," TO ADD REVIEW CRITERIA FOR RELIGIOUS INSTITUTIONS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission open and continue the ordinance to the January 19, 201 1 meeting in order to do a 30-day notice by mail. BACKGROUND On July 14, 2010, the City Commission referred a discussion of a possible overlay district for religious institutions on 40th Street to the Land Use and Development City Commission Memorandum Ordinance Amendment - 4dh Street Religious Overlay District December 8, 2010 Page 2 Committee and the Planning Board, at the request of both Commissioner Edward L. Tobin and Commissioner Jonah Wolfson. LAND USE AND DEVELOPMENT COMMITTEE On July 26, 2010, the Land Use Committee discussed the proposal. Attorney Michael Larkin introduced the item, and discussed the need for the creation of an overlay district on 40th Street to accommodate the existing religious institutions on that street. There are at least two major religious institutions on that street, as well as a number of unlicensed but longstanding religious institutions located there. The Committee discussed the need for these types of institutions in the 4oth Street area. First Assistant City Attorney Gary Held discussed the latest Federal legislation in the area of freedom of worship (RLUIPA) and advised that the City should try to accommodate this request so permits can be issued for improvements to such properties. At the conclusion of the discussion, the Committee voted 3-0 to refer the matter to the Planning Board. PLANNING BOARD ACTION At the September 28, 2010 meeting the Planning Board reviewed the proposed ordinance, and recommended its approval. The Board also recommended that the property known as the "Kollel" located at 3767 Chase Avenue, adjacent to the proposed overlay district to the south of Temple Beth Israel, be included in the overlay district at some time in the future. ANALYSIS The proposed ordinance is designed to do several things. It will address the specific issue of existing religious institutions on 40" Street by defining a religious institution overlay district, within which existing religious institutions in that area that do not currently have the required building and zoning approvals from the City can be approved through a Conditional Use process, allowing their continuation and possible construction of additions with proper permits. It amends the Single Family Residential zoning district regulations list of uses, by adding as a Conditional Use religious institutions located in the 40th Street Overlay. The overlay district is defined as those properties with a lot line on the south side of 40th Street, between Chase Avenue to the west and Pine Tree Drive to the east (see attached graphic map). Within this district, religious institutions, in existing rehabilitated structures or new construction, will be permitted as conditional uses. The ordinance also specifies that all new construction or additions to existing structures associated with these institutions be compatible with the scale of the surrounding residential neighborhood and must be designed to maintain a residential, single family, character. This would be ensured by requiring that permits for new construction, alterations or additions to existing structures associated with these institutional uses be subject to design review by the planning director or designee. All of the development regulations governing setbacks, building heights and other physical factors would continue to be the same as for all single family residential districts. It sets limited parking requirements for these uses, provided that there is one or more public parking lot@) andlor garage@) within 500 feet of the subject property, which applies to the entire strip along 4oth Street. For adaptive reuse and limited expansion (less than 50%) of existing buildings, there will be no additional parking requirement. However, existing required City Commission Memorandum Ordinance Amendment - 4$h Street Religious Overlay District December 8, 2010 Page 3 parking spaces on site must remain or be replaced on site. For new construction, or large additions (greater than 50%) the parking requirement will be two spaces, the same as for a single-family detached dwelling. Finally, it eliminates the 50 feet side yard setback that is otherwise required for schools, libraries, religious institutions, and other public buildings and private structures which are publicly used for meetings in residential districts, since these uses will already abut each other on the side yards. The ordinance also proposes to bring the Land Development Regulations more in conformity with RLUIPA by specifically defining religious institution for purposes of zoning regulation, and by creating objective criteria for the conditional use reviews by the City's Planning Board. Definition of Religious lnstitution The proposed ordinance includes a specific definition for Religious Institution. A Religious Institution will be defined as a use where an establishment, organization or association conducts religious prayer or activity that is open to members and/or the general public, and may be accompanied by accessory uses customarily associated with religious institutions such as but not limited to education classes, youth centers, day care, offices, and rooms for licensed catering of life cycle or other gatherings or celebrations (e.g., weddings, confirmations, and coming-of-age events). It specifically notes that a group privately assembling for worship, prayer or religious service in a private home or dwelling in which at least one member of the group resides, is not a religious institution, even if life cycle rituals are included in the service, including weddings, confirmations, and coming-of-age (such as bar or bat-mitzvah) observances and meals accompany the service. This language is in conformity with our understanding of the Federal RLUIPA legislation. Objective Review Criteria Since the Courts are requiring local governments to use objective criteria when reviewing applications for entities such as religious institutions, the proposed ordinance includes a new set of review criteria drafted by the City Attorney's Office to be in accord with such requirement. These include the following: 1. Whether a proposed operations plan has been provided, including hours of operation, number of employees, and other operational characteristics pertinent to the application, and that such plan will mitigate any adverse impacts to adjoining and nearby properties, and neighborhood 2. Whether a plan for the delivery of supplies has been provided, including the hours of operation for delivery trucks to come into and exit from the neighborhood and how such plan will mitigate any adverse impacts to adjoining and nearby properties, and neighborhood. 3. Whether the design of the proposed structure is permitted by the regulations in the zoning district in which the property is located, and complies with the regulations of an overlay district, if applicable. 4. Whether a proposed parking plan has been provided, including where and how the parking is located, utilized, and managed, that meets the required parking for the use in the zoning district in which the property is located. 5. Whether an indoor and outdoor congregantlparishioner circulation plan has been provided that facilitates ingress and egress to the site and structure. City Commission Memorandum Ordinance Amendment - 4dh Street Religious Overlay District December 8,201 0 Page 4 6. Whether a security plan for the establishment and supporting parking facility, if any, has been provided that addresses the safety of the institution and its users and minimizes impacts on the neighborhood. 7. Whether a traffic circulation analysis and plan has been provided that details means of ingress and egress into and out of the neighborhood, addresses the impact of projected traffic on the immediate neighborhood, traffic circulation pattern for the neighborhood, traffic flow through immediate intersections and arterials, and how these impacts are to be mitigated. 8. Whether a noise attenuation plan has been provided that addresses how noise will be controlled in and around the institution, parking structures or areas, and delivery and sanitation areas, to minimize adverse impacts to adjoining and nearby properties. 9. Whether a sanitation plan has been provided that addresses on-site facilities as well as off-premises issues resulting from the operation of the structure. 10. Whether the proximity of the proposed structure to adjacent and nearby residential uses creates adverse impacts and how such impacts are to be mitigated. 11. Whether a cumulative effect from the proposed structure with adjacent and nearby structures arises, and how such cumulative effect will be addressed. CONCLUSION The Administration recommends that the City Commission open and continue the ordinance to @e January 19, 201 1 meeting in order to do a 30-day notice by mail. T:\AGENDAPOI O\December 8\Regular\1976 - 40th St Religious Overlay Ord MEMO.docx ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY AMENDING CHAPTER 114 OF THE ClTY CODE, "ZONING DISTRICTS AND REGULATIONS," SECTION 114-1, "DEFINITIONS," DEFINING "RELIGIOUS INSTITUTION"; AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill, ."OVERLAY DISTRICTS," CREATING DIVISION 8, "40TH STREET OVERLAY," AND BY ADDING SECTIONS 142-858 "LOCATION AND PURPOSE," 142-859 "COMPLIANCE WITH REGULATIONS," REQUIRING CONDITIONAL USE APPROVAL FOR RELIGIOUS INSTITUTIONS IN THE 4oTH STREET OVERLAY DISTRICT, AND 142-860 "OFF-STREET PARKING REGULATIONS;" AND AMENDING ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2 "RS-1, RS-2, RS-3, RS-4 SINGLE- FAMILY RESIDENTIAL DISTRICTS," SECTION 142-103 "CONDITIONAL USES," TO ADD RELIGIOUS INSTITUTIONS AS A CONDITIONAL USE FOR PROPERTIES IN THE 4oTH STREET OVERLAY DISTRICT; AND AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4 "SUPPLEMENTARY YARD REGULATIONS," SECTION 142-1 131(d) "GENERALLY," TO EXEMPT PROPERTIES IN THE 4oTH STREET OVERLAY DISTRICT FROM ADDITIONAL 50 FEET MINIMUM SIDE YARD REQUIREMENT FOR PUBLIC AND SEMI-PUBLIC BUILDINGS; AND AMENDING CHAPTER 118 OF THE ClTY CODE, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IV, "CONDITIONAL USE PROCEDURES," SECTION 118-192, "REVIEW GUIDELINES," TO ADD REVIEW CRITERIA FOR RELIGIOUS INSTITUTIONS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach ("City") acknowledges the desire of neighborhood residents to allow religious institutions, in addition to the presently permitted single-family residential uses, at the parcels located on the south side of 40th Street between Chase Avenue and Pine Tree Drive, more particularly described in the sketch attached as Exhibit "A hereto, and referred to herein as "40th Street Overlay"; and WHEREAS, the City, while acknowledging such desire for religious institutions, desires to protect the single-family residential character of the neighborhood south of 4oth Street; and WHEREAS, the City, while respecting persons' First Amendment rights under the Constitution of the United States, to pray in their homes, along with others, desires to maintain reasonable limitations its restrictions against assembly uses generally throughout single-family residential neighborhoods, and thus legally maintain limitations against formal religious institutions and other assembly uses in such single-family neighborhoods; and WHEREAS, the City recognizes that the commercial character of the properties on the north side of 4oth Street between the Biscayne Waterway west of Chase Avenue and Pine Tree Drive has changed the character of the single family homes on the corresponding south side of 4oth Street; and WHEREAS, the City recognizes that some homes on the south side of 4oth Street have been used for 25 years or more for religious purposes and are unlikely to be used exclusively for single-family purposes, and therefore finds it reasonable to improve and expand these homes on the south side of 4oth Street for religious purposes, in a manner consistent with the development pattern of the abutting single family neighborhood; and WHEREAS, the City recognizes that religious institutions may adversely impact the surrounding residential uses, and as a result, the proposed ordinance will allow homes located in this specified area to apply for conditional use approval from the Planning Board for the continued use and expansion as religious institutions, in a manner designed to mitigate adverse impacts on the abutting single family neighborhood; and WHEREAS, the City recognizes the pedestrian character of the residential neighborhood in the vicinity of 40th Street and between the Biscayne Waterway west of Chase Avenue and Pine Tree Drive; and WHEREAS, the City recognizes that such pedestrian character allows the use of homes as religious institutions to have reduced parking requirements to accommodate the needs of residents in the area for religious prayer and activity in improved and expanded structures; WHEREAS, the City desires to afford its citizens and visitors their full rights of religious freedom afforded under applicable law, including the First Amendment to the Constitution of the United States, the federal Religious Land Use and Institutionalized Persons Act (RLUIPA), and the Florida Religious Freedom Restoration Act (RFRA), and adopts this ordinance to ensure those rights, while protecting its residents in single- family residential areas from the adverse impacts the exercise of such rights might cause; and WHEREAS, case law applicable to the governmental permitting of religious institutions allows review by public hearing processes, but requires that such review be in accordance with objective criteria, and thus the conditional use review criteria are amended to ensure compliance with such requirement; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 114 of the City Code, "Zoning Districts and Regulations," Section 114-1, "Definitions," is hereby amended as follows: 114-1, "Definitions," is hereby amended as follows: Reliuious institution means a use where an establishment, organization or association conducts religious prayer or activitv that is open to members and/or the general public, and mav be accompanied bv accessorv uses customarilv associated with religious institutions such as but not limited to education classes, vouth centers, dav care, offices, and rooms for licensed catering of life cvcle or other gatherings or celebrations (e.n., weddings, confirmations, and coming-of-age events). A group privatelv assembling for worship. praver or religious service in a private home or dwelling in which at least one member of the group resides, is not a religious institution, even if life cvcle rituals are included in the service, including weddings, confirmations, and coming-of-age (such as bar or bat-mitzvah) observances and meals accompanv the service. SECTION 2. Chapter 142 of the City Code, "Zoning Districts and Regulations," Article Ill, "Overlay Districts," Division 8 "40th Street Overlay" is hereby created as follows: DIVISION 8. 40TH STREET OVERLAY Section 142-858. Location and purpose. The overlav regulations of this division shall applv to the properties, as thev are configured as of Januaw 1, 2010, with lot lines adiacent to the south right-of-wav line of 40th Street between Chase Avenue to the west and Pine Tree Drive to the east. The purpose of this overlav district is to provide pedestrian-friendlv religious institutional uses through the conditional use permit process at the properties to serve the surroundinq residential uses. Expansion of the district shall onlv be permitted by amendment to these regulations. Section 142-859. Compliance with renulations. The following overlav regulations shall applv within the 40th Street Overlav District. All development regulations in the underlving zoning district shall applv, except as follows: Religious institutions, in existing rehabilitated structures or new construction, shall be conditional uses, subiect to the reaulations in Chapter 118, "Administration and Review Procedures," Article IV, "Conditional Use Procedure." @J All new construction or additions to existing structures shall be compatible with the scale of the surroundina residential neighborhood and shall be designed to maintain a residential character. Permits for new construction, alterations or additions to existing structures shall be subject to design review bv the planning director or designee. Section 142-860. Off-Street Parkina Renulations. @ For religious institutions in the 40th Street Overlav District, the followinci off-street parking regulations shall applv: (1) For adaptive reuse of existing buildings, including expansions or additions thereto less than fiftv per cent of the size of the existing structure, there shall be no parking requirement provided that there is one or more public parking lot(s) and/or aarage(s) within 500 feet of the subiect propertv. Existing required parking spaces on site shall remain or be replaced on site. - (2) For new construction, and expansions or additions of more than fiftv per cent of the size of an existing structure, the parking requirement shall be the same as for a single-familv detached dwelling pursuant to Cha~ter 130 of the Citv Code, entitled "Off-Street Parking," Article II, "Districts; Requirements," provided that there is one or more public parking lot(s) and/or garaae(s1 within 500 feet of the subiect propertv. SECTION 3. Chapter 142 of the City Code, "Zoning Districts and Regulations," Article II, "District Regulations," Division 2 "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," is hereby modified as follows: Section 142-1 03. Conditional Uses. Conditional uses in the RS-1, RS-2, RS-3, RS-4 single-family residential districts - include the following: (1) an at-grade parking lot in the RS-4 district when located immediately adjacent, without a gap due to alley, road, waterway or any other cause, to a CD-3 district. See subsection 142-105(c). (2) Religious institutions for those properties located in the 40th Street Overlav. See Chapter 142, "Zoning Districts and Regulations," Article Ill, "Overlav Districts," Division 8 "40th Street Overlav." SECTION 4. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article IV, "Supplementary District Regulations," Division 4 "Supplementary Yard Regulations," is hereby modified as follows: Section 142-1 131. Generally. (d) Minimum side yards, public and semi-public buildings. The minimum depth of interior side yards for schools, libraries, religious institutions, and other public buildings and private structures which are publicly used for meetings in residential districts shall be 50 feet, except where a side yard is adjacent to a business district, a public street, bay, erosion control line or golf course, gnJ except for properties that have received conditional use approval as a religious institution located in the 40th Street Overlav, in which cases the depth of that yard shall be as required for the district in which the building is located. In all other cases, the side yard facing a street shall be the same as that which is required for the district in which the lot is located. SECTION 5. Chapter 118 of the City Code, "Administration and Review Procedures," Article IV, "Conditional Use Procedures," Section 1 18-1 92, "Review Guidelines," is hereby modified as follows: Sec. 1 18-1 92. Review guidelines. Conditional uses may be approved in accordance with the procedures and standards of this article provided that: The use is consistent with the comprehensive plan or neighborhood plan if one exists for the area in which the property is located. The intended use or construction will not result in an impact that will exceed the thresholds for the levels of service as set forth in the comprehensive plan. Structures and uses associated with the request are consistent with these land development regulations. The public health, safety, morals, and general welfare will not be adversely affected. Adequate off-street parking facilities will be provided. Necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values. The concentration of similar types of uses will not create a negative impact on the surrounding neighborhood. Geographic concentration of similar types of conditional uses should be discouraged. In reviewing an application for conditional use for new structures 50,000 square feet and over, the planning board shall apply the following supplemental review guidelines criteria in addition to the standard review guidelines listed in subsection a. above: Whether the proposed business operations plan has been provided, including hours of operation, number of employees, goals of business, and other operational characteristics pertinent to the application, and that such plan is compatible with the neighborhood in which it is located. Whether a plan for the mass delivery of merchandise has been provided, including the hours of operation for delivery trucks to come into and exit from the neighborhood and how such plan will mitigate any adverse impacts to adjoining and nearby properties, and neighborhood. Whether the scale of the proposed use is compatible with the urban character of the surrounding area and creates adverse impacts on the surrounding area, and how the adverse impacts are proposed to be addressed. Whether the proposed parking plan has been provided, including where and how the parking is located, utilized, and managed, that meets the required parking and operational needs of the structure and proposed uses. Whether an indoor and outdoor customer circulation plan has been provided that facilitates ingress and egress to the site and structure. Whether a security plan for the establishment and supporting parking facility has been provided that addresses the safety of the business and its users and minimizes impacts on the neighborhood. Whether a traffic circulation analysis and plan has been provided that details means of ingress and egress into and out of the neighborhood, addresses the impact of projected traffic on the immediate neighborhood, traffic circulation pattern for the neighborhood, traffic flow through immediate intersections and arterials, and how these impacts are to be mitigated. Whether a noise attenuation plan has been provided that addresses how noise will be controlled in the loading zone, parking structures and delivery and sanitation areas, to minimize adverse impacts to adjoining and nearby properties. Whether a sanitation plan has been provided that addresses on-site facilities as well as off-premises issues resulting from the operation of the structure. (10) Whether the proximity of the proposed structure to similar size structures and to residential uses creates adverse impacts and how such impacts are mitigated. (11) Whether a cumulative effect from the proposed structure with adjacent and nearby structures arises, and how such cumulative effect will be addressed. /c) In reviewing an application for a religious institution, the planning board shall applv the following review criteria instead of the standard review guidelines listed in subsection a. above: /I) Whether a proposed operations plan has been provided, including hours of operation, number of emplovees, and other operational characteristics pertinent to the application, and that such plan will mitiaate anv adverse impacts to adjoining and nearbv properties, and neighborhood (2) Whether a plan for the deliverv of supplies has been provided, including the hours of operation for deliverv trucks to come into and exit from the neighborhood and how such plan will mitigate anv adverse impacts to adjoining and nearbv properties, and neighborhood. /3) Whether the design of the proposed structure is permitted by the regulations in the zonina district in which the propertv is located, and complies with the regulations of an overlay district, if applicable. /4) Whether a D~ODOS~~ parking plan has been provided, including where and how the parking is located, utilized, and managed, that meets the required parking for the use in the zoning district in which the propertv is located. 15) Whether an indoor and outdoor congreaant/parishioner circulation plan has been provided that facilitates ingress and eqress to the site and structure. 16) Whether a security plan for the establishment and supporting parking facilitv, if anv, has been provided that addresses the safetv of the institution and its users and minimizes impacts on the neighborhood. 17) Whether a traffic circulation analvsis and plan has been provided that details means of ingress and egress into and out of the neighborhood, addresses the impact of proiected traffic on the immediate neighborhood, traffic circulation pattern for the neighborhood, traffic flow through immediate intersections and arterials, and how these impacts are to be mitigated. 18) Whether a noise attenuation plan has been provided that addresses how noise will be controlled in and around the institution, parking structures or areas, and deliverv and sanitation areas, to minimize adverse impacts to adioining and nearbv properties. /9) Whether a sanitation plan has been provided that addresses on-site facilities as well as off-premises issues resulting from the operation of the structure. 110) Whether the proximitv of the proposed structure to adiacent and nearby residential uses creates adverse impacts and how such impacts are to be mitigated. 111) Whether a cumulative effect from the proposed structure with adiacent and nearby structures arises, and how such cumulative effect will be addressed. SECTION 6. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 7. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 8. CODIFICATION. It is the intention of the City Commission that this Ordinance be entered into the Code, and it is hereby ordained 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. The Exhibits to this Ordinance shall not be codified, but shall be kept on file with this Ordinance in the City Clerk's Office. SECTION 9. EFFECTIVE DATE. This Ordinance shall take effect 10 days following adoption. PASSED and ADOPTED this day of I 2010 MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE First Reading: Second Reading: Verified by: Richard G. Lorber Acting Planning Director Underscore denotes new language T:MGENDA\2010\0ctober 27\Regular\40th Street Overlay District- 0RD.docx COMMISSION ITEM SUMMARY Condensed Title: I A proposed ordinance amending the regulations for bed and breakfast inns by widening the eligibility I [ for alterations to buildings. - - Key Intended Outcome Supported: I Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc Nearly half of all residential respondents, 47.6%, suggested the effort put forth by the City to regulate development is "about the right amount." Issue: Should the City Commission adopt the proposed ordinance amendment modifying the bed and breakfast inns regulations to permit non-residential structures within historic districts to be converted to bed and breakfast inns under specified conditions? If so, should these facilities in residential areas also permit private parties and commercial events? Item Summary/Recommendation: I SECOND READING PUBLIC HEARING I The proposed ordinance would permit a wider eligibility for bed and breakfast inns. Bed and Breakfast Inns are currently limited to structures originally constructed as single-family residences. This ordinance would permit non-residential structures within historic districts, such as former temples or churches, to be converted to bed and breakfast inns. The Planning Board version of this proposal also contains a provision to permit limited accessory uses such as private parties and catering hall events. However, Planning Department staff had recommended against this provision. A revised version has been presented which limits accessory uses to non-entertainment uses and sets additional restrictions. This version was reviewed and approved by the Flamingo Park Neighborhood Association. The Administration continues to have concerns and does not recommend approval. However, if the Commission chooses to approve the ordinance, the Administration recommends that the City Commission adopt the revised version of the ordinance, as presented by the proponent to the FPNA, with one change, to the permitted hours of operation to limit closing time to 10:OO PM. Advisory Board Recommendation: I At the August 24, 2010 meeting the Planning Board reviewed the proposed ordinance, and 1 I recommended its approval, including the accessory party use provisions. OBPl Total Financial Information: I I I Financial Impact Summary: Not Applicable City Clerk's Office Legislative Tracking: I Richard Lorber Account Source of Funds: I 1 * Amount MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miarnibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the9ity Commission FROM: Jorge M. Gonzalez, City Manager & DATE: December 8, 201 0 p SUBJECT: Ordinance Amendment: SECOND READING PUBLIC HEARING Bed & Breakfast Inns AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE ClTY 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; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration continues to have concerns and does not recommend approval. However, if the Commission chooses to approve the ordinance, the Administration recommends that the City Commission adopt the revised version of the ordinance, as presented by the proponent to the FPNA, with one change, to the permitted hours of operation to limit closing time to 10:OO PM. BACKGROUND A discussion of possible expansion of the Bed and Breakfast Inn regulations, was referred to the Land Use and Development Committee by Commissioner Jerry Libbin at the October 14, 2009 Commission meeting. The item was wrapped together with consideration of short term rentals of apartment units in zoning districts which did not currently permit transient occupancy. The short term rental issue was finally decided by the City in June, and the Bed and Breakfast issue was taken up by the Planning Board in August (see below). ANALYSIS Bed and breakfast inn is defined as a historic structure originally built as a single-family residence which is owner occupied and operated to provide guest rooms with breakfast and/or dinner included as part of the room rate. Section 142-1401 of the Land Development Regulations of the City Code details the conditions for permitting Bed and Breakfast Inns. The original rationale for the adoption of these Bed and Breakfast Inn regulations was to encourage the adaptive reuse of single family structures in newly City Commission Memorandum Ordinance Amendment - Bed & Breakfast lnns December 8, 201 0 Page 2 created local historic districts, such as the Flamingo Park neighborhood. Since demolition of structures would be unlikely to be permitted, Bed and Breakfast lnns were seen as an alternative which could provide an economically viable use of these structures. To date, a small number of Bed and Breakfast lnns have been created under this provision. The referral of this proposed ordinance stems from a long-term discussion with Mr. Dan Davidson, the owner of "The Temple House", a former synagogue building that was converted several years ago to a single-family home, located at 1415 Euclid Avenue. Mr. Davidson has explored several alternative uses for this building, but the options are limited because this area is zoned RM-1 Residential Multi-Family Low Intensity, which only permits single-family homes, apartment buildings and Bed and Breakfast Inns. The current regulations would not permit the conversion the Temple House single family home into a Bed and Breakfast Inn, since subsection (3) specifies that the structure shall have originally been constructed as a single-family residence, and subsection (5) then refers to the original configuration of bedrooms and other features of the home. Since Mr. Davidson's existing single family home was created by converting a non-residential synagogue building, it does not exactly fit these requirements (although the property's building card shows that a single family home was originally built on the site, that building was demolished or reconfigured beyond any recognition as a home when the synagogue was constructed.) In order to modify the existing regulations to permit this type of structure to be converted to a bed and breakfast inn, the proposed ordinance adds a second option to the language of subsection (3) of the ordinance. This would permit conversion if "the existing structure is not classified by the City as an apartment building as defined in Section 114-1 of the City Code." In this way, other non-residential structures within historic districts could potentially be converted to bed and breakfast inns (an apartment building is defined a building with or without resident supervision occupied or intended to be occupied by more than two families living separately with separate cooking facilities in each unit.) Subsection (1) of the Bed and Breakfast lnns is also proposed for amendment by Planning Department staff, in order to bring the language of the ordinance into line with current nomenclature related to historic districts, contributing and non-contributing buildings. The old language referred to designated as "historic," but the correct terms have changed, and the amendment would clarify that. COMMERCIAL ACCESSORY USES The ordinance as originally proposed by Mr. Davidson contained new language referring to accessory uses permitted in Bed and Breakfast Inns, and permitting assembly type uses in these structures under certain conditions. The Temple House has been used previously as a "party house," hosting private special events for a variety of corporate and entertainment purposes. This type of commercial usage is not permitted within single family homes, nor in any other permitted structure within the RM-1 zoning district. In order for The Temple House to be able to be used for such activities, the Land Development Regulations would have to be amended in some fashion. City Commission Memorandum Ordinance Amendment - Bed & Breakfast Inns December 8, 2010 Page 3 PLANNING BOARD ACTION The proposal to amend the Bed and Breakfast Inn regulations to permit limited commercial assembly uses within them as conditional uses, consisting of private functions not open to the public, up until 12:OO midnight, was reviewed by the Planning Board at its August 24, 2010 meeting. 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. After much discussion, the Planning Board decided contrary to the staff recommendation, and recommended the approval of the ordinance, including the provision which would permit the hosting of private special events for a variety of corporate and entertainment purposes as a Conditional Use (vote: 6-1, Stolar against; see attached Planning Board version). FLAMINGO PARK NEIGHBORHOOD ASSOCIATION ACTION At the October 27, 2010 Commission meeting, the matter was presented to the City Commission, with a Planning Board version of the ordinance, permitting accessory commercial uses, and an Administration version of the ordinance, which would not permit such uses other than as per the existing rules for commercial uses, special events, and film and print permits, if applicable. The Commission heard testimony from representatives from the Flamingo Park Neighborhood Association (FPNA), and while approving the Planning Board version on first reading, set second reading public hearing for the December Commission meeting in order to permit FPNA to clarify their position on the accessory commercial use component of the proposed ordinance. On November 15, 2010, the FPNA held a Board meeting, with many members in attendance, as well as City Planning Department staff. At this meeting, Dan Davidson presented a revised ordinance concept to the Board (see attached revised version of ordinance). This version would limit accessory commercial uses to bed and breakfast inns that have had historic prior assembly uses. Since the Temple House was formerly a religious institution, an assembly use, this property would fall into this category; very few other properties would qualify, and staff has only identified one other property of this nature, which was previously a synagogue, but has already been converted to a condominium apartment building. This proposed version of the ordinance would allow these limited properties to have limited non-entertainment assembly uses. Entertainment is defined by the City Code as any live show and/or music loud enough to interfere with normal conversation. Mr. Davidson describes the desired types of uses under this provision as art showings, corporate seminars, educational lectures and presentations. These would be permitted only as a conditional use approved by the Planning Board, and would be subject to the following conditions: (a) Consisting of private events by invitation only, (6) Not open to members of the general public, (c) Ending no later than 11:30 PM, (d) Invitations must indicate no street parking. Guests must be directed to city parking lots or licensed private parking lots, (e) No delivery shall occur before 9:00 AM or after 500 PM during weekdays, and City Commission Memorandum Ordinance Amendment - Bed & Breakfast Inns December 8, 2010 Page 4 (f) No delivery shall occur before 10:OO AM or after 3:00 PM during weekends. Staff expressed concern about difficulty of enforcement of the ordinance by the City, and the problems other than noise, such as parking, traffic and crowds that remain as potential negative impacts upon the surrounding neighborhood. Although Administration and Planning Department staff expressed their strong reservations about the proposal, the FPNA membership voted to express its support for the proposed amendment as presented by Mr. Davidson (see attached letter of support). There are approximately ten (10) structures that were originally constructed as single- family homes, and could be converted to bed and breakfast inns under the current zoning regulations. Planning Department staff has conducted a thorough survey of the Flamingo Park neighborhood, and has only identified three structures which could meet the definition of having historic prior assembly uses, which is included in the revised version of the ordinance. The Temple House at 1415 Euclid Avenue, Temple Beth Yoseph Chaim at 843 Meridian Avenue, which has already been converted to condominiums, and St. Francis deSales Catholic Church at 600 Lenox Avenue. Therefore, under this provision, if enacted, it is unlikely for more than one bed and breakfast inn with accessory commercial uses to be proposed. CONCLUSION The Administration remains extremely concerned about the impact this proposed ordinance would have upon the surrounding neighborhood, and does not recommend approval. However, when it was discussed with FPNA, the neighborhood organization most impacted by the proposal, it was supported unanimously. Therefore, if the Commission chooses to approve the ordinance, the Administration will recommend that it be the revised version of the ordinance as presented by Mr. Davidson, the proponent, with one proposed modification to limit closing time to 10:OO PM, as staff continues to believe that the types of uses proposed are not "late night" types of events. JMGIJ PL IRGL t:\agenda\2010\december d\regular\bed & breakfast ord memo.docx November 22,201 0 To Whom it May Concern: At its meeting of November 15, 201 0, the Flamingo Park Neighborhood Association discussed the proposed amendment to the City's Bed and Breakfast ordinance. We appreciated the opportunity for input and to discuss the proposal with the owner of the Temple House, Daniel L. Davidson, as well as with Assistant City Manager Jorge Gomez and Acting Planning Director Richard Lorber, all of whom were present at our meeting. The discussion was thoughtful and comprehensive. Upon a motion duly made, seconded and passed, the Association expressed its support for the proposed amendment of the Bed and Breakfast ordinance, in the manner proposed by the City, but with the suggested modifications proposed by Daniel Davidson, including the opportunity for bed and breakfast inns that have had historic prior assembly use to seek conditional use for non-entertainment assembly uses, as further described in Mr. Davidson's attached proposal. Sincerely, Rw Denis A. Russ For the Flamingo Park Neighborhood Association Flamingo Park Neighborhood Association Monday, November 15, 2010 Re: Proposed Amendment to Bed and Breakfast Ordinance From: Cineo Date: November 13, 201 0 5:10:27 PM EST To: Denis Russ Subject: FPNA Meeting Dear Mr. Russ: My many thanks for your time earlier. As a follow-up to our conversation, please find below the language that resulted from a meeting with Mr. Lorber (Zoning and Planning) and Mr. Gomez (Assistant City Manager). Our collective objective was to find a way to recognize the "highest and best" use of the property (which for over 70 years served as an assembly area) as well as be mindful of the needs and desires of the residents. The language, while quite restrictive, is something that I can live with. In short it would allow, subject to approval by both Commission and the Planning Board, NON-ENTERTAINMENT assembly use of the space for such things as the showing of art, education lectures, seminars and presentations. Again, what is important to note here is that even with Commission approval, I will still need to sit before the Planning Board for their support as well. The language reads.. . . (9) Notwithstanding (7) and (8) above, bed and breakfast inns that have had historic prior assembly use may be permitted to have limited non- entertainment (entertainment as defined in section 142- I 361 ) assembly uses (such as art showing, corporate seminars, educational lectures and presentations) if approved by the Planning Board as a conditional use subject to the following limitations: a) Consisting of private events by invitation only, and b) Not open to members of the general public, and c ) Ending no later than 11:30 PM, and d Invite must indicate no street parking. Guests must be directed to city parking lots or licensed private parking lots. e) No delivery shall occur before 9:00 AM or after 5:00 PM during weekdays, and f ) No delivery shall occur before 10:OO AM or after 3:00 PM during weekends. As an aside, the definition of "entertainment" (section 142-1361 of the Miami Beach City Code) is as follows: "Entertainment means any live show or live performance or music ampIif ied or nonamplif ied. Exceptions: Indoor movie theater; big screen television andlor background music, amp1 ified or nonamplified, played at a volume that does not interfere with normal conversation." Because the language specifically precludes entertainment, it would mean no live shows, performances, etc. I've highlighted the additional reason for including the language, which is to insure that nothing would interfere with normal conversation. Again, I believe that this language is fair for all, and provides a use of the building that will prevent its deterioration by allowing it to be self-sufficient and offset the extraordinary costs associated with mortgage, taxes, insurance and maintenance. I hereby respectfully seek the support of the Flamingo Park Neighborhood Association. My many thanks, Daniel Daniel Davidson 141 5 Euclid Ave. Miami Beach, FL 331 39 P - 786-280-6565 F - 305-673-51 75 REVISED VERSION (INCLUDING ACCESSORY COMMERCIAL USES) AS PRESENTED TO THE FPNA BY THE PROPONENT (Revised for form approval by City Attorney's Office) ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISION OF THE CITY OF MlAMl BEACH, FLORIDA, AMENDING THE CODE OF THE ClTY OF MlAMl 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 CITY OF MlAMl BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Miami Beach City Code, Chapter 142, Zoning Districts and Regulations, Article V, Specialized Use Regulations, Division 7, Bed and Breakfast Inns, Section 142-1 401, "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 contributinq building Wd 2s "m ' I1 . . . . and located in a locally designated historic preservation district. The use may also be situated in a noncontributinq building +isM+s "E- if it is restored to its original historic appearance and re-categorized as "contributinqU.I1 (2) The owner of the bed and breakfast inn shall permanently reside in the structure. (3) &The structure shall have originally been constructed as a single-family residences: (b) The existinq structure is not classified bv the Citv as an apartment buildinn 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. (4) The structure shall maintain public rooms (living roomldining room) for use of the guests. (5) The size and number of guestrooms in a bed and breakfast inn shall conform to the following: a. 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. b. 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. c. 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. d. 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. (6) 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 andlor 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, andlor servinglbuffet tables are prohibited. (9) Notwithstanding subsections (7) and (8) above, bed and breakfast inns that have had historic assemblv use, for which documentation is accepted and confirmed bv the Planning Director or designee, may be permitted to have limited non-entertainment assembly uses (including but not limited to: art exhibits, corporate seminars, educational lectures and presentations), i.e., assemblv uses without entertainment as defined in section 142-1 361, if approved bv the Planning Board as a conditional use, subiect to the following limitations: a. The assemblv uses shall consist of private events bv invitation onlv, not open to members of the general public, and b. The assemblv events shall end no later than 11:30 p.m.; and c. Invitations to assemblv events must indicate that no street parking is available for the events, and direct guests to citv parking lots or licensed private parking lots; and d. No deliveries to the bed and breakfast inn shall occur before 9:00 a.m., or after 5:00 p.m. during weekdavs, and before 10:OO a.m., or after 3:00 p.m., during weekends. 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. (11Q) 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. (12?> 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 "ordinance1' 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 201 0. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION n t:\agendaUOlO\december I\regular\bed and breakfast ord revised version fpna further revised gh 12-1-l0.docx PLANNING BOARD VERSION (INCLUDING ACCESSORY COMMERCIAL USES) ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClN COMMlSlON OF THE ClTY OF MlAMl BEACH, FLORIDA, AMENDING THE CODE OF THE ClN OF MlAMl 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, SEVERABILIN, 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 ClN COMMISSION OF THE ClTY OF MlAMl 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 ' ..* and located in a locally designated historic preservation district. The use may also be situated in a noncontributing building -- if it is restored to its original historic appearance and re-categorized as "contributinq~." The owner of the bed and breakfast inn shall permanently reside in the structure. &The structure shall have originally been constructed as a single-family residence; or; /b) The existina structure is not classified by the City as an apartment building as defined in Section 114-1 of the City 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 andlor 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, andlor 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 Planning Board as a conditional use, consisting of private events by invitation only not open to members of the general public, up until 12:OO midnight. (109) 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. (IN) 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. (19) 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. SEVERABILIN. 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:\AGENDA\201O\October 27RegularBed and Breakfast Ordinance ORD Planning Board version.docx MIAMIBEACH CITY OF MIAMI BEACH NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rdfloor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, an Wednesday, December am, 2010, to consider the following: 10:15 a.m. Ordinance Amending The Code Of The Ci bf Miami Beach, By Amending Chapter 2, Entitled "Administration," By Amending Article ill, Entitled "Agencies, Boards And Committees," By Amending Division 14, Entitled "Safety Committee," By Amending Sec. 2-176(E) To Require That One Of The Two Direct Appointments Made By The Mayor And Each City Commissioner Be Citizen Emergency Response Team (CERT) Certified. lnquiries may be directed to the City Clerk's Office 9305) 673-741 1. 10:20 a.m. Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 118,- "Administrative And Review Procedures," Article II, "Boards," Division 5, "Board Of Adjustment," Section 118-134, "Notification Of. Hearings"; Article IV, "Gonditional Use Procedure," Section 11 8-1 93. "Applications For Conditional Uses"; Article VI, "Design &view Procedures"; Section 118-254, "Decision Of Design Review Board," And Section 118-257, "Deferrals, Continuances And Wihdrawals," Article X, "Historic Preservation"; Section 118-563, "Review Procedure," And Section 118-591, "Historic Designation Procedure," And Article XI. "Neighborhood Conservation Districts (NCD)"; Section 118-705, "Procedures For Adoption Of Specific NCD Overlay Districts," To Expand The Public Notice Period For All Four Land Use Boards From 15 Days To 30 Days. lnquiries may be directed to the Planning Department (305) 673-7550. 10:40 a.m. Ordinance Amending The Code Of he bty 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. lnquiries may be directed to the Planning Department (305) 673-7550. INTERESTED PARTIES are invited to appear at this meeting or be represented by an agent or to express their views in writing addressed to the City Commission CEO the City Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This meeting may be opened and continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, FL Statutes, the City hereby advises the public that: if a person decides to appeal any decision made by Qe City Commission with respect to any maaer considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does'it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding, or to request information on access for persons with disabilities, or to request this publication in accessible format, or to request sign language interpreters, should contact the City Clerk's office at (305) 673-741 1, na later than four days prior to the proceeding-If hearing impaired, contacl the City Clerk's office via the Florida Relay Service numbers, (800) 955- 8771 or (800) 955-8770 (VOICE). AD #,637 - 192 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending Chapter 70 of the Miami Beach City Code entitled "Miscellaneous Offenses" by amending Article Ill, entitled "Graffiti", by amending Division I, entitled "Generally", by amending Section 70-126, entitled "Responsibility of Property Owner(s) to Remove Graffiti; Graffiti Removal and Notice; Enforcement1', by amending the responsibilities of property owners with regard to the abatement of graffiti and amending enforcement provisions. Key Intended Outcome Supported: I Ensure Well Maintained Infrastructure: Ensure Com~liance with Code Within Reasonable Time Frame; lm~rove Cleanliness of I . Miami Beach Rights of Way ~s~eciall; in Business kreas; & Increase Resident Satisfaction With Level of Code Enforcement Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Environmental Scan shows that the Number of Warning Notices for Property Maintenance Decreased by 49% and the Overall City Cleanliness Score improved by 16.9% when compared to the 2005106 Base Year. The 2009 Community Survey Suggests that 64% of residents and 68% of businesses rated the level of code enforcement and ordinances as excellent or good. Issue: I Shall the Mayor and the City Commission Approve The Amendments to the Ordinance? 1 Item Summary1Recommendation: SECOND READING I PUBLIC HEARING During the March 18, 2009 City Commission meeting, the Commission referred the Graffiti Ordinance to the NeighborhoodsICommunity Affairs Committee (NCAC), for further discussion on possible amendments to address graffiti acid- etched on glass. Potential options to handle remediation of acid-etched graffiti on glass were discussed at the May 18,2009 and June 17, 2009 NCAC meetings. The Committee moved the item forward for development of amendment language to require private property owners to remove or remediate acid-etched graffiti on glass with a standard (e.g. % of surface defaced) to be determined by the Administration. Additionally, the City Attorney's Office was directed to explore whether obscene and offensive materials could be given a heightened requirement for removal. There was also discussion regarding extending the time to abate acid-etched graffiti. During first reading of the ordinance at the City Commission meeting on October 14, 2009, there was an amendment made to delay enforcement of the abatement requirements for acid-etched graffiti on glass for at least a year, in light of the current economic climate and the potential costs. The item was approved on first reading on October 14,2009. However, following the first reading, the City Attorney's Office advised the Administration that they had concerns with the deferred effective date for enforcement. The item was opened and continued a number of times from December 2009 through June 2010. At the June 9, 2010 City Commission meeting, the Administration recommended that the proposed ordinance be opened and continued to December 8, 2010 for second reading so that the ordinance would go into effect in January, 201 1, as was the desire of the Commission. I Financial Impact Summary: The proposed amendment is expected to have a minimal fiscal impact. The City will not be abating acid-etched graffiti on private property and fines are not automatic and would only be assessed through the Special Master I Since it has been a year and a half since the NCAC last heard this item, and over a year since the City Commission considered this item at first reading, the Administration recommends referring this item back to the NCAC at its December 14,201 0 meeting for discussion, and then back to the City Commission on January 19, 201 1 for first reading. Advisory Board Recommendation: Neighborhoods/Community Affairs Committee (NCAC) on May 18, 2009 and June 17, 2009; First Reading at the October 14, 2009 City Commission Meeting. Financial Information: Sign-Offs: Source of Funds: OBPl Department Director Assistant City Manager -City Manager, I I &A dl I I BEACH Account I Total Amount 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 Manage DATE: December 8, 201 0 SUBJECT: AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE MIAMI BEACH ClTY CODE ENTITLED "MISCELLANEOUS OFFENSES"; BY AMENDING ARTICLE Ill, ENTITLED "GRAFFITI"; BY AMENDING DIVISION I, ENTITLED "GENERALLY"; BY AMENDING SECTION 70-126, ENTITLED "RESPONSIBILITY OF PROPERTY OWNER(S) TO REMOVE GRAFFITI; GRAFFITI REMOVAL AND NOTICE; ENFORCEMENT" BY AMENDING THE RESPONSIBILITIES OF PROPERTY OWNERS WITH REGARD TO THE ABATEMENT OF GRAFFITI AND AMENDING ENFORCEMENT PROVISIONS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION During the March 18, 2009 City Commission meeting, the Commission referred the Graffiti ordinance to the Neighborhoods1Community Affairs Committee (NCAC), for further discussion on possible amendments to address graffiti acid-etched on glass. Potential options to handle remediation of acid-etched graffiti on glass were discussed at the May 18, 2009 and June 17, 2009 NCAC meetings. The Committee moved the item forward for development of amendment language to require private property owners to remove or remediate acid-etched graffiti on glass with a standard (e.g. % of surface defaced) to be determined by the Administration. Additionally, the City Attorney's Office was directed to explore whether obscene and offensive materials could be given a heightened requirement for removal. There was also discussion regarding extending the time to abate acid-etched graffiti. During first reading of the ordinance at the City Commission meeting on October 14, 2009, there was an amendment made to delay enforcement of the abatement requirements for acid-etched graffiti on glass for at least a year, in light of the current economic climate and the potential costs. The item was approved on first reading on October 14, 2009. However, following the first reading, the City Attorney's Office advised the Administration that they had concerns with the deferred effective date for enforcement. The item was opened and continued a number of times from December 2009 through June 2010. At the June 9,2010 City Commission meeting, the Administration recommended that the proposed ordinance be opened and continued to December 8,201 0 for second reading so that the ordinance would go into effect in January, 201 1, as was the desire of the Commission. Since it has been a year and a half since the NCAC last heard this item, and over a year since the City Commission considered this item at first reading, the Administration recommends referring this item back to the NCAC at its December 14, 2010 meeting for discussion, and then back to the City Commission on January 19, 201 1 for first reading. City Commission Memorandum December 8, 2070 Amendment regarding Acid-etched Graffiti Page 2 of 4 BACKGROUND During the March 18, 2009 City Commission meeting, the Commission referred the Graffiti Ordinance to the NCAC for further discussion of proposed amendments, including the issue of requirements for property owners that are the victims of graffiti acid-etched on glass. While discussing the potential options to handle remediation of graffiti acid-etching on glass at the May 18, 2009 NCAC meeting, it was discussed that other options exist beyond the replacement of the affected glass. The Committee requested the discussion return to the NCAC with more information on the removal and prevention of acid-etched graffiti on glass. In addition, the 2009 Environmental Scan shows that the Number of Warning Notices for Property Maintenance Decreased by 49% and the Overall City Cleanliness Score improved by 16.9% when compared to the 2005106 Base Year. The 2009 Community Survey Suggests that 64% of residents and 68% of businesses rated the level of code enforcement and ordinances as excellent or good. ANALYSIS During the June 17,2009 NCAC meeting, the Committee reviewed and discussed additional information provided by staff. This included the information below regarding prevention, removal and replacement. Prevention Two (2) south Florida companies were identified that offer anti-graffiti films that can be placed on the glass to serve as an external (sacrificial) barrier. Typically, these anti-graffiti films use a different adhesive than other types of protective films and do not require scraping to remove the film from the glass. This helps avoid scratches to the glass during the removal process. At that time, installation costs from local companies varied from $4 - $9 per square foot (sf). This cost variation is due to the cost of the materials (which is based on the manufacturer), the thickness of the film, the total amount of glass being covered, and the company doing the installation. Vendors claim that added benefits of utilizing this type of barrier include blocking heat, glare, and a high percentage of damaging ultraviolet rays. Based on the pricing as described above, the cost to cover a 4x8 sheet of glass would vary from $128 to $288. Removal Three (3) south Florida companies were identified that offer services to remove acid- etched graffiti from glass. The three (3) companies all state they are able to remove acid-etchings, free of distortion, on almost any kind of acrylic or glass surface, including tempered glass. While all three companies quoted an hourly rate ranging from $65 - $80, there was a substantial difference in the amount of time estimated to complete a similar job. In the example provided to the vendors, assuming a window with dimensions of 4x8is defaced with acid-etching of one foot high letters covering a length of four feet across, two (2) of the companies estimated 1-2 hours for removal, while the third estimated 6 hours for removal. Based on the above pricing the cost to treat the glass would vary between $97.50 (1.5 hoursx$65) and $390 ($65~6 hours). Replacement Four (4) local glass replacement companies were contacted and asked to provide an estimate to replace a 4x8 sheet of glass. Estimates for non-impact resistant glass ranged from $380 - $480, while impact resistant glass replacement estimates ranged from $1,440 - $1,600. City Commission Memorandum December 8, 2010 Amendment regarding Acid-etched Graftiti Page 3 of 4 Staff also found that minimum charges are $50 - $75 for glass restoration, and response time from the repair companies is two (2) to three (3) business days. The Committee moved the item forward with a recommendation for the development of a requirement to remove or remediate acid-etched graffiti on glass tied to a standard that incorporates a formula, such as when greater than 25% of the glass surface (or some designated square footage to be determined by the Administration) was damaged by acid- etched graffiti. Additionally, the Administration was to explore whether the City can utilize the Building Department's application fee excess funds to subsidize the cost of installing protective film for business owners, and the City Attorney's Office was to explore the possibility, under the First Amendment, if obscenity and offensive symbols could be given a heightened requirement for removal (e.g. must be remediated faster). There was also discussion regarding extending the time given to the affected property owner to abate acid- etched graffiti on glass, since coordinating the abatement might require more time than, for example, painting over graffiti. The time for compliance regarding acid-etched graffiti is extended in the proposed ordinance from seven (7) to twenty (20) business days for commercial property, and from ten (1 0) to thirty (30) days for non-commercial property. The current graffiti ordinance was not intended to provide fines for failure by a property owner to remediate graffiti within the required period. In instances when the graffiti is paint or marker, and it has not been removed within the required time (7 days commercial; 10 days residential), the City will remediate the graffiti and bill the private property owner. However, there are unique instances when City staff remediation of painted graffiti may not be possible or advisable. In the case of acid-etched glass graffiti on private property, the City will not remediate this type of graffiti. As such, as an avenue to compel compliance for removal of acid-etched glass graffiti, or those unique circumstances when remediation of typical graffiti may not be possible by City staff, it is proposed that non-compliance of graffiti remediation as required by ordinance be handled through the Special Master process, and fines under Chapter 30 would apply as provided for in the amended language in 70-125(f). Additionally, the City Attorney's Office has advised that a different standard for obscenity or offensive material is not recommended. They have also advised against establishing a different standard for acid-etched graffiti in terms of identifying a minimum square footage that would trigger remediation. Therefore, those provisions were not included in the proposed ordinance approved on first reading. The Building Department's fee excess funds must be used for Building Department expenses and are not eligible to be used for subsidizing the cost of installing protective film for business owners. PROPOSED ORDINANCE AMENDMENT The proposed amendment modifies Sec. 70-125(b) to require abatement (repair, rehadilitation, demolition or removal) as opposed to simply corrective action (remove or effectively obscure) which applies to all other types of graffiti, and extends the time for abatement for acid-etched graffiti on commercial property to twenty (20) business days and on non-commercial property to thirty (30) business days. Section 70-1 25(f) is modified so that the provisions associated with acid-etched graffiti on glass in Sections 70-1 25(b) and (e)(3) are enforced through Chapter 30 of the City Code. Cify Commission Memorandum December 8, 2010 Amendmenf regarding Acid-efched Graft7fi Page 4 of 4 ADDITIONAL CHANGE TO ORDINANCE AT FIRST READING During discussion of the ordinance on first reading at the City Commission meeting on October 14, 2009, there was an amendment made to delay enforcement of the abatement requirements for acid-etched graffiti on glass for at least a year, in light of the current economic climate and the potential costs. However, following the first reading, the City Attorney's Office advised the Administration that they had concerns with the deferred effective date for enforcement. The Administration recommended that the proposed ordinance be opened and continued to December 8, 2010 for second reading so that the ordinance will go into effect in January, 201 1, as was the desire of the Commission. FISCAL IMPACT The fiscal impact from the amendment is expected to be marginal. The City will not be abating acid-etched graffiti on private property and fines are not automatic and would only be assessed through the Special Master process. CONCLUSlON The proposed draft ordinance was developed by the Administration together with the City Attorney's Office pursuant to instruction from the NeighborhoodsICommunity Affairs Committee. The amendment extends the compliance time for abatement of acid-etched glass graffiti, and provides for enforcement under Chapter 30 of the City Code should graffiti, and in particular acid-etched graffiti on glass, not be abated within the timeframes provided for pursuant to the ordinance. The Commission approved the ordinance on first reading at its October 14, 2009 meeting with direction that enforcement of acid-etched graffiti as provided for in the ordinance be delayed for one year. In order to accomplish this, at its June 9, 201 0 Commission meeting, the Mayor and Commission opened and continued the item until the December 8, 2010 meeting so this amendment would go into effect in January, 201 1. Since it has been a year and a half since the NCAC last heard this item, and over a year since the City Commission considered this item at first reading, the Administration recommends referring this item back to the NCAC at its December 14, 2010 meeting for discussion, and then back to the City Commission on January 19, 201 1 for first reading. T:\AGENDA!201O\December 8\Regular\Acid-etched graffiti MEMO 2nd Reading - Finaldoc ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE MlAMl BEACH CITY CODE ENTITLED "MISCELLANEOUS OFFENSES"; BY AMENDING ARTICLE Ill, ENTITLED "GRAFFITI"; BY AMENDING DIVISION I, ENTITLED "GENERALLY"; BY AMENDING SECTION 70-126, ENTITLED "RESPONSIBILITY OF PROPERTY OWNER(S) TO REMOVE GRAFFITI; GRAFFITI REMOVAL AND NOTICE; ENFORCEMENT" BY AMENDING THE RESPONSIBILITIES OF PROPERTY OWNERS WITH REGARD TO THE ABATEMENT OF GRAFFITI AND AMENDING ENFORCEMENT PROVISIONS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the immediate removal of graffiti is the most effective deterrent to its reoccurrence; and WHEREAS, graffiti depreciates the value of the defaced property as well as the surrounding neighborhood; and WHEREAS, the presence of graffiti etching acid on surfaces which come in contact with the public pose a health and safety risk and requires specialized removal techniques to abate; and WHEREAS, the City recognizes the importance of preserving the City's aesthetic beauty and protecting the City's image and quality of life for its residents and visitors through the prompt removal of graffiti; and WHEREAS, in order to preserve the integrity of the commercial and residential neighborhoods of the City, including its historically designated districts, and to protect the health, safety, and welfare of the general public, the Mayor and City Commission find that more stringent measures and updated terminology with regard to graffiti are needed in the City Code to serve and protect the best interests of the citizens of Miami Beach and to promote and maintain the aesthetic appearance of the City of Miami Beach, which is an internationally renowned tourist destination. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Article Ill, entitled "Graffiti," of Chapter 70 of the Miami Beach City Code, entitled "Miscellaneous Offenses," is hereby amended as follows: CHAPTER 70 MISCELLANEOUS OFFENSES * * * ARTICLE Ill. GRAFFITI DIVISION I. GENERALLY Set. 70-125. Responsibility of property owner(s) to femwe abate graffiti; graffiti femwa4 abatement and notice; enforcement. (a) Maintenance or allowance of graffiti to exist for more than seven business days on a commercial property, or 10 business days on a residential property, is prohibited. (b) Whenever the city becomes aware of the existence of graffiti on any property, a code compliance officer is authorized upon such discovery to give, or cause to be given, notice te to abate the araffiti to the property owner or the property owner's agent or manager, as follows: (1) Commercial property. For commercial property, the property owner or the property owner's agent or manager shall abate the graffiti within seven business days from the receipt or delivery of the notice referenced within this section, except that etched graffiti shall be abated within 20 business davs from the receipt or deliverv of the notice referenced within this section. (2) Non-commercial property. For non-commercial property, the property owner, or property owner's agent shall abate the araffiti within 10 business days from the receipt or delivery of the notice referenced within this section, except that etched graffiti shall be abated within 30 business davs from the receipt or deliverv of the notice referenced within this section. (c) Such notice shall be given by certified mail, return receipt requested; or by hand delivery by code compliance officer to the owner of record of the property described as recorded in the current county tax rolls. Mailed notice shall be deemed complete and sufficient notice when so deposited in the United States mail with proper postage prepaid. (d) The city shall waive painting permit requirements for abating graffiti, subject to the use of the same, or substantially same, colored exterior paint, provided that the existing paint complies with all city requirements. (e) Graffiti abatement shall consist of: (1 Painting of the entire area defaced by graffiti with paint matching, or substantially matching, the permitted paint color on the surface, regardless of whether the city has temporarily abated the graffiti with a different paint color. (2) Pressure-cleaning or cleaning by any other method that will successfully remove graffiti from the area defaced by the graffiti without causing damage. Professional alass restoration or replacement of glass for etched araffiti to com~letelv remove the graffiti. However, the requirement to abate etched araffiti bv professional alass restoration or replacement of alass shall not be effective until Januarv 1, 201 1. Prior to Januarv 1. 201 1, the visual impact of the etched alass araffiti must be mitigated in a manner consistent with Design Review or Certificate of Appropriateness criteria, as applicable, and as a~proved bv the Planning Director. (f) The property owner is responsible for ensuring compliance with sections 142-1 191 through 142-1 193 of the City Code and a violation of this section shall be enforced pursuant to sections 114-7 through 114-8 and Chapter 30 of the Citv Code. In addition. the propertv owner is responsible for ensuring compliance with subsections 70-125(b) and (e) and a violation of those subsections shall be enforced pursuant to Chapter 30 of the Citv Code. SECTION 2. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. Codification. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. Effective Date. This Ordinance shall take effect the day of ,2011. PASSED and ADOPTED this day of ,2010. ATTEST: Matti Herrera Bower Mayor Robert Parcher, City Clerk Underline denotes additions and denotes deletions T:WGENDA\201 O\December 8\RegularWcid-etched graffiti 0RD.doc COMMISSION ITEM SUMMARY Condensed Title: Amendments to the Roofing Materials Ordinance. Key Intended Outcome Supported: [ Maintain strong growth management policies; Protect historic building stock I Supporting Data (Surveys, Environmental Scan, etc.): While nearly half, 47.6%, suggested the effort put forth by the City to regulate development is "about the right amount," nearly one-third, 29.6%, indicated "too little" effort is being put forth by the City in this area. Issue: Should the City Commission adopt an Ordinance Amendment that modifies the review procedures for certain types of roof materials on pre-1942 architecturally significant homes and 'non-contributing' structures located in historic districts, while allowing for an expanded role of planning department staff in the review process? Item SummarylRecommendation: 1 FIRST READING: The Administration recommends that the City Commission approve the Ordinance on I first reading and schedule a second reading public hearing onjanuary 19, 201 1. I Advisory Board Recommendation: I On June 1, 2010, the Design Review Board (DRB) passed a Resolution recommending an amendment to the City Code to update the procedures for allowing materials other than tiles to be used on new roofs for single family homes constructed prior to the year 1942. On September 27, 201 0, the Land Use and Development Committee referred the Ordinance to the Planning Board, with a favorable recommendation. On November 16, 2010, the Planning Board transmitted the subject Ordinance to the City Commission, with a favorable recommendation. Financial Information: I I Source of Funds: l---l l--..l OBPl 4 Total I I I I Financial Impact Summary: The subject ordinance is not expected to have any fiscal impact. Approved City Clerk's Office Legislative Tracking: I Richard Lorber or Thomas Mooney Account 1 2 3 AOEW DA ITEM KG Amount MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of thyty Commission FROM: Jorge M. Gonzalez, City Manager m DATE: December 8, 2010 ill FIRST READING SUBJECT: AN ORDINANCE OF THE ClTY OF h&Ml BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE ClTY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE IVY "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. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the proposed Ordinance on first reading and set a second reading public hearing for January 19, 201 1. BACKGROUND On June 1,2010, the Design Review Board (DRB) passed the attached Resolution, which recommends an amendment to the City Code, updating the procedures for allowing materials other than tiles to be used on new roofs for single family homes constructed prior to the year 1942. Specifically, the DRB is recommending, based upon a number of applications that have come before it, that appropriate latitude be given to the City's Planning Department for the review and approval of new roofs for pre-I 942 Architecturally Significant single family homes. ANALYSIS In 2007, the City Commission adopted a comprehensive amendment to Section 142-875 of the City Code, pertaining to roof replacements and new roofs. This amendment addressed advances in technology regarding metal roofing systems. Currently, a wide range of metal roofs now exist, which satisfy building code requirements and are compatible with most styles of architecture in the City. These include metal tile in a flat or barrel shape, as well as different textures, colors and finishes of standing seam metal. In addition to being much more architecturally compatible than in the past, alternative roofing material such as metal tile and standing seam metal offer the following tangible benefits over concrete or ceramic tile: They are far more durable; not just to wind speed, but, more importantly, in terms of damage from flying debris. They are far more energy efficient, particularly in the summer months. December 8, 2010 Commission Memorandum Amendment fo Roofing Materials Ordinance Page 2 of 2 They are often composed of recycled material and can be used to achieve LEED points. They have a longer warranty than concrete or barrel tile. They are generally the same price as concrete tile and less expensive than clay or ceramic barrel tile. They are readily available. In order to ensure a careful balance between protecting the architectural and historic integrity of the City's housing stock and neighborhood character, while addressing the needs of homeowners, and allowing for more durable, sustainable and available roofing material, the Ordinance adopted in 2007 included certain safeguards for eligible structures. Specifically, for Architecturally Significant single family homes constructed prior to 1942, approval from the Design Review Board (DRB) is required for roofing material other than flat or barrel tile. For roofing on new construction or existing non-contributing structures in local historic districts, approval from the Historic Preservation Board (HPB) is required. Metal roofs are prohibited on contributing structures and on any historic structure designed in the Mediterranean Revival style of architecture. Additionally, criteria was established for the relevant Boards, as well as the Planning Department, to follow when evaluating metal roof requests. Over the last few years, concerns have been expressed by owners of Architecturally Significant single family homes built prior to 1942, with regard to the cost and length of time a hearing before the DRB takes, just to replace a roof. In order to address this concern, at the direction of the DRB, the proposed Ordinance Amendment has been drafted, which would give more latitude to staff in applying the roofing material criteria to pre-1942 homes, as well as non-contributing structures within historic districts. On September 27,201 0, the Land Use and Development Committee referred the Ordinance to the Planning Board, with a favorable recommendation. PLANNING BOARD ACTION On November 16, 2010, the Planning Board transmitted the subject Ordinance to the City Commission, with a favorable recommendation, by a 5-1 vote. The Administration is confident that the proposed ordinance will address the issues and concerns identified by the DRB and result in a more streamlined approval process for single family home owners. FISCAL IMPACT The proposed ordinance is not expected to have a fiscal impact upon the City. CONCLUSION The Administration recommends that the City Commission approve the Ordinance on first reading, and set a second reading public hearing for January 19, 201 1. & JMGIJGGIRGLRRM T:MGENDAl2010\December 8\Regular\Roofing Materials 2010 - MEM.docx CITY OF MIAMI BEACH . . DESIGN REVIEW BOARD RESOLUTION WHEREAS, the City of Miami Beach Design Review Board is charged by Ordinance as serving in an advisory capacity to the City Commission and other City Boards on issues affecting the City's architecture, design, and planning; and WHEREAS, the Design Review Board strongly supports the efforts of the City to promote and enhance its unique social and architectural history and to improve the appearance of new and existing single family architecture; and WHEREAS, the use of materials other than tile for new and existing roofs is appropriate in certain circumstances for single family homes; and WHEREAS, the Design Review Board supports the efforts of the City of Miami Beach to update and refine the requirements of the Land Development Regulations of the Code of the City of Miami Beach as they pertain to design issues affecting pre-1942 Architecturally Significant single family homes. THEREFORE, it is hereby resolved that the Design Review Board transmits and recommends that the City of Miami Beach Planning Board begin the .process of amending the Land Development Regulations of the City Code to updatesthe procedures for allowing materials other than tiles to be used on new roofs for. single family homes constructed prior to the year 1942, subject to the appropriate review by the City's Planning Department. . . PASSED AND ADOPTED this 1st day of Ju Design and Preservation ~ak&er For the Design Review Board F:\PLAN\$DRB\Resos\Pre 1942 Metal Roofs Resolution.docx Roofing Materials ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE CIN OF MlAMl BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE ClN OF MlAMl 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. WHEREAS, the City of Miami Beach continually seeks to update and clearly define the requirements of the Land Development Regulations of the Code of the City of Miami Beach as they pertain to zoning districts and regulations; and WHEREAS, the City of Miami Beach recognizes the benefits of alternative roofing materials in terms of maintenance, durability, sustainability, energy efficiency and availability; and, WHEREAS, the City of Miami Beach has adopted regulations pertaining to replacement and construction of pitched roofs; and, WHEREAS, the City of Miami Beach desires to expand, modify and clarify the requirements for new and replacement roofing materials for pitched roofs; and, WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIN COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA. SECTION I. That Chapter 142, Entitled "Zoning Districts and Regulations", Article IV, Entitled "Supplementary District Regulations ", Division 1, Entitled "Generally" of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-875. Roof replacements and new roofs. (a) In all districts, except locally designated historic districts, sites orstructures, the new construction, repair or replacement of any pitched roof shall consist of flat or barrel tile, which shall be composed of concrete, clay or ceramic material. Metal roofing systems may be proposed for new construction, existing multi-family and townhome structures, existing commercial buildings, single family homes constructed after 1942, and nonarchitecturally significant single family homes constructed prior to 1942, and shall be subject to the review and approval of the planning department, in accordance with the following criteria: (1) The same style, design and material shall be required for the main structure and all accessory structures when located on the same property. (2) The color of the roof shall be neutral and shall not overwhelm or cause the roof to stand out in a significant manner. (3) The design, details, dimensions, surface texture and color shall be consistent with the architectural design, style and composition of the structure. (4) The design, details, dimensions, surface texture and color shall be consistent with the established scale, context and character of the surrounding area. For architecturallv significant single familv homes constructed prior to 1942, approval from the design review board shall be required. In the event that the ~lanning director, or designee, determines that the scale, massing and design of an architecturallv significant single familv home constructed prior to 1942 can accommodate a metal roofing svstem, and that the metal roofing system will not negatively impact the established architectural context of the immediate area, such roofing svstem mav be approved by the planninq department, subiect to the criteria in subsections (1 )-(4) above. The appeal of any decision of the planning department under this section shall be to the design review board, in accordance with chapter 11 8, article VI of these land development regulations. (b) Within any locally designated historic district, site or structure, the new construction, repair or replacement of any pitched roof shall consist of flat or barrel tile, which shall be composed of concrete, clay or ceramic material. The use of metal roofing systems on new . . . . construction r\r shall require the review and approval of the historic preservation board, in accordance with the criteria in subsections (a)(l)-(4) above and chapter 118, article X of these land development regulations. Metal roofing systems shall not be permitted on contributing buildings. The use of metal roofing svstems on existing non-contributing structures shall require the approval of the historic preservation board, in accordance with the criteria in subsections (a)(l)-(4) above and chapter 11 8, article X of these land development regulations. In the event that the planning director, or designee, determines that the scale, massing and design of an existing non-contributinq structure can accommodate a metal roofing svstem, and that the metal roofing svstem will not negativelv impact the established historic and architectural context of the immediate area, such roofing svstem mav be approved bv the planning department in accordance with the criteria in subsections (a)(l)-(4) above and section I7 8-564. (c) Notwithstanding the above, for those structures constructed and substantially maintained in the Mediterranean revival or mission style of architecture, only concrete, clay or ceramic tile may be utilized. For purposes of this subsection, Mediterranean revival or mission architecture shall be defined as those structures built between 191 5 through 1942 and characterized by, but not limited to, stucco walls, low pitch terra cotta or historic Cuban tile roofs, arches, scrolled or tile capped parapet walls and articulated door surrounds, or Spanish baroque decorative motifs and classical elements. (d) Notwithstanding the above, in the event a material other than flat or barrel tile was 2 permitted for a pitched roof in any district, such roof may be replaced with the same material, subject to the criteria in subsection (a) above. (e) For those structures which contain historic Cuban barrel tiles, such tiles shall be retained and preserved, subject to the provisions of the applicable building codes. (9 No variances from any of these provisions shall be granted. However, in the event that the building official determines that limitations exist regarding the load capacity of an existing roof, a roofing material other than concrete, clay or ceramic tile may be approved by the planning department for any type of structure, in accordance with the criteria specified in subsections 142-875(a)(1)--(4) above. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 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 COMMISSION ITEM SUMMARY Condensed Title: Amendments to the Lincoln Road Signage District. Key Intended Outcome Supported: I Maintain strong growth management policies; Protect historic building stock I Supporting Data (Surveys, Environmental Scan, etc.): While nearly half, 47.6%, suggested the effort put forth by the City to regulate development is "about the right amount," nearly one-third, 29.6%, indicated "too little" effort is being put forth by the I City in this area. I Issue: - - - -- - - Should the City Commission adopt an Ordinance Amendment that modifies and further restricts allowable signage within the Lincoln Road Signage District? Item SummarylRecommendation: I FIRST READING: The Administration recommends that the City Commission approve the Ordinance on I I first reading and schedule a second reading public hearing on >anuary 19, 201 I. Advisory Board Recommendation: On July 26, 2010, the Land Use and Development Committee referred the Ordinance to the Planning Board, with a favorable recommendation. On October 26, 2010, the Planning Board transmitted the subject Ordinance to the City Commission, subject to minor text modifications, with a favorable recommendation. Financial Information: I I City Clerk's Office Legislative Tracking: 1 Richard Lorber or Thomas Mooney Source of Funds: I. OBPl Sign-0%: . Departmfint Director A;ssistant Cityfianager City Manager I I 2 i AM1 BEACH Financial Impact Summary: The subject ordinance is not expected to have any fiscal impact. AGENDA ITEM 85'4 1 2 3 4 Total Account Amount Approved 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. December 8,201 0 SUBJECT: AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE ClTY OF MIAMI BEACH, BY AMENDING CHAPTER 138, ENTITLED "SIGNS", BY AMENDING ARTICLE V, ENTITLED "SIGN REGULATIONS BY DISTRICT", BY AMENDING SECTION 138-173 TO MODIFY THE REQUIREMENTS FOR THE LINCOLN ROAD SIGNAGE DISTRICT; PROVIDING FOR INCLUSION IN THE ClTY CODE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the proposed Ordinance on first reading and set a second reading public hearing for January 19, 201 1. BACKGROUND In 2001, the City Commission established Section 138-1 73 of the City Code, which created the Lincoln Road Signage District. The district includes those properties fronting on Lincoln Road between Collins and Washington Avenues, most of which have very large, blank facades that were designed to accommodate large, graphic signage. Historic documentation from the 1940's and 1950's shows large, well designed graphic signs which established the previous "bright" character of this stretch of Lincoln Road. During its heyday, this particular section of Lincoln Road exuded excitement, activity and a special sense of place. ANALYSIS The creation of the Lincoln Road Signage District was first proposed by the Historic Preservation Board in order to encourage and allow for the re-introduction of this "bright" character of Lincoln Road through "architectural" signage which has an historic precedent. The signage district was not intended to allow general advertising or create a mirror image of Times Square in New York City, as Miami Beach has its own unique architectural and urban fabric. It was envisioned that through the Historic Preservation Board approval process, new signage would be of a high quality and would re-establish an historical architectural identity. One of the specific requirements of the signage district was the mandatory rehabilitation and restoration of the structures where new signage is proposed. This particular requirement has resulted in the detailed renovation and restoration of three (3) historic structures that fall within the signage district. December 8, 2010 Commission Memorandum Amendment to Lincoln Road Signage District Page 2 of 2 During the approval process for the signage district in late 2000 and early 2001, property owners and representatives of property owners on the 200 and 300 block of Lincoln Road appeared before the Lincoln Road Marketing Council to express their strong support for the proposed Ordinance. In light of these viewpoints, the Lincoln Road Marketing Council adopted a Resolution to support the creation of the Lincoln Road Signage District. As part of this Resolution, the Lincoln Road Marketing Council recommended that the proposed signage be permitted to wrap those portions of buildings on Collins Avenue and Washington Avenue which also have frontage on Lincoln Road. Since the creation of the signage district, the size and quality of the signs that have been approved, in some ways, have not adequately addressed the signage criteria. In this regard, some of the signs are slightly out of scale and do not appropriately address the built context of the immediate streetscape. In order to address these design and appropriateness issues, and to ensure that future signs are more consistent with the historic signs from the 1940's and 19501s, revisions to the Lincoln Road Sign District have been drafted. The proposed ordinance would set specific, quantifiable limits on the overall size of the signage, as well as place limits on certain types of signage text. Additionally, more emphasis will be placed on addressing the historic context of the district, as well as the architectural design of the proposed signs. On July 19,2010, Planning Department staff attended the VCA Lincoln Road Beautification Sub-committee Meeting, and presented a summary of the changes in the proposed ordinance. The VCA was supportive of the changes proposed in the draft ordinance. On July 26,2010, the Land Use and Development Committee referred the Ordinance to the Planning Board, with a favorable recommendation. PLANNING BOARD ACTION On October 26, 2010, the Planning Board transmitted the subject Ordinance to the City Commission, subject to minor text modifications, with a favorable recommendation, by a 7-0 vote. The Administration is confident that the proposed ordinance will address the problems that have been identified with certain signs recently approved within the sign district, and should result in future signage that is more in scale and appropriate to the 200 and 300 blocks of Lincoln Road. FISCAL IMPACT The proposed ordinance is not expected to have a fiscal impact upon the City. CONCLUSION The Administration recommends that the City Commission approve the Ordinance on first reading, and set a second reading public hearing for January 19, 201 1. KbL JMGIJGGIRGLITRM T:\AGENDA\2010\December d\Regular\LR Sign District 2010 - MEM.docx ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MlAMl BEACH, BY AMENDING CHAPTER 138, ENTITLED "SIGNS", BY AMENDING ARTICLE V, ENTITLED "SIGN REGULATIONS BY DISTRICT", BY AMENDING SECTION 138-173 TO MODIFY THE REQUIREMENTS FOR THE LINCOLN ROAD SIGNAGE DISTRICT; PROVIDING FOR INCLUSION IN THE ClTY CODE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach endeavors to recall its unique social and architectural history, as well as further the dynamic character and attraction of Lincoln Road through the use of signage; and WHEREAS, the City of Miami Beach desires to amend existing requirements and procedures for approving signage in historic districts; and WHEREAS, the creation of a Lincoln Road Signage District was for the purpose of promoting the creation of unique, artistic and well designed graphic signage; and WHEREAS, the City of Miami Beach Historic Preservation Board is the primary vehicle for assuring this artistic and design integrity; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA: SECTION 1. That Chapter 138, Article V, entitled "Sign Regulations by Districts", of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Section 138-1 73. Lincoln Road Signage District (a) Purpose. The purpose of this section is to facilitate the substantial restoration of existing storefronts, facades and buildings, in accordance with the criteria and requirements of article X of these land development regulations, and to permit well designed, unique and proportional graphics and signage, which is consistent with the historic period of significance and which do not detract from the architectural character of the buildings, nor the established context of the surrounding streetscaoe. Additionallv, this section is not intended to allow larger signs that do not adequatelv address the architectural and historic character of graphic signage that previouslv existed on Lincoln Road. (b) For those properties fronting on Lincoln Road, and located in between the west side of Collins Avenue and the east side of Washington Avenue, the following shall apply: (1) Flat wall, projecting or other building signs, which exceed the number and overall square footage permitted under section 138-172, may be permitted, subject to the issuance of a Certificate of Appropriateness from the historic preservation board. The qua&+& placement, design and illumination of such signage shall be subiect to the review and approval of the historic preservation board, in accordance with the . . following: nf + I . . I a. A proportional relationship of text and graphics shall be required. All graphics must relate to the proposed use of the store for which the sign is proposed. b. The total square footage of permitted signage, inclusive of non-text graphics, shall not exceed 35% of the building facade area. For purposes of this section, the building facade area shall be defined as the area located above the storefront and below the tor, of the parapet, in between the phvsical confines of a specific tenant space. c. The text portion of the sian shall be limited to the name of the establishment and related services(s) onlv. Signage text not associated with the actual use, or incidental signage text, shall not be permitted. d. The text portion of the sian(s) shall be limited to no more than one (1) per business location. For corner pro~erties, the text portion of the sign(s) shall be limited to no more than one (1) per business location. e. For those facades facing a residential or hotel use, onlv back-lit signage shall be permitted. f. For properties with frontage on both Lincoln Road and Collins Avenue, the onlv signage permitted on Collins Avenue shall fall within the confines of the corner radius, with a maximum lineal frontage of 20 feet on Collins Avenue. (2) In evaluating signage applications for a Certificate of Appropriateness, the historic preservation board shall consider the following: a. The quality of materials utilized for the sign and their appropriateness to the architecture as well as the historic and design integrity of the structure. b. The overall design, graphics and artistry associated with a proposed sign and its relationship to the historic and design integrity of the structure. c. The design detail, animation and non-text graphics proposed for the proposed sign@). d. The illumination, surface colors and finishes, width, depth, and overall dimensions of the proposed sign(s). e. Original, historic signage associated with the building andlor property. (3) The historic preservation board may, at its discretion, place restrictions on the hours of operation for any sign approved under this subsection. (4) Signage must relate to the specific occupant(s) of the property. (5) Prior to the issuance of a building permit for anv signage approved under this section, the planning director, or designee, or, if required, tThe historic preservation board- shall review and approve the substantial rehabilitation or 4Iocation or storefront where new signage under this section is proposed. Such rehabilitation or restoration shall be substantiallv completed, prior to the actual installation of any signage approved under this section. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 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 , 2011. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE Date First Reading: December 8, 201 0 Second ~eadin~: January 19,201 1 Verified by: Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language 12/01/2010 T:\AGENDAPOIO\December 8\Regular\LR Sign District 2010 - ORD 1st.docx THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: I An ordinance amending the criteria in the City Code for permanent parking space removals. I Key Intended Outcome Supported: 1 Maintain or Improve Traffic Flow. 1 Supporting Data (Surveys, Environmental Scan, etc.): 1 74% of residents and 72% of businesses rate the availability of parking across the City as too little or much too little. I I Availability of parking was one of the changes residents identified to Make Miami each better to live, work or play. I Issue: Should the City Commission approve an ordinance amending the criteria in the City Code for permanent parking space removals? Item Summary1Recommendation: I On September 27, 2010. the LUDC held a discussion regarding strengthening the process by which I perma;~ent parking spaces may be removed from City inventory, f6 instance by limiting the purpose andlor requiring Commission approval. Section 106-55 of the City Code regulates parking rates, fees, and penalties generally, and Section 106-55(h) specifically governs the removal of parking spaces, both temporarily and permanently. To accommodate construction and other limited needs, the City may temporarily remove parking meters, at a cost of $100.00 per space ($50.00 for removal and $50.00 for replacement) plus the applicable daily space rental fees. It is the policy of the City that permanent parking space removals requests are strongly discouraged. Section 106-55(h) specifies that the fee for permanent removal of a parking space is the same as the parking impact fee, or $35,000 per space. The LUDC directed the Administration to proceed with an amendment to the City Code requiring the removal of a parking space or loading zone to be approved by the City Commission, with the exception of those spaces removed specifically to create access to a parking facility. Therefore, it is recommended that Section 106-55(h)(2) be amended to reflect as follows: Section 106-55(h)(2) Permanent Parking Space Removal: Permanent parking space removal or loadina zone space removal requests shall only be allowed for the purpose of creatina access to an off- street parkinq facilitv w. The permanent removal of a parkinq space or loading zone for any other reason shall require approval from the Citv Commission. The fee for the permanent removal of a parking space shall be the same rate as the parking impact fee, or $35,000.00 per space, whichever is greater. Fiscal Im~act: The City Code requires a payment of $35,000 for the removal of a parking space, which is equivalent to the parking impact fee's cost per parking space. While the $35,000 payment recuperates the City's capital cost for replacement of a parking space, all revenues generated, in perpetuity, by the parking space are foregone. The average revenue per metered parking space is estimated at $2,000, annually. Therefore, the fiscal impact for the removal of a parking space is estimated at $2,000, annually, in I perpetuity. I Administration Recommendation: Approve the ordinance on first reading and schedule a second and final public hearing. I I Advisory Board Recommendation: Financial Information: I I Financial Impact Summary: I Source of Funds: I OBPI City Clerk's Office Legislative Tracking: ) Saul Frances, ext. 6483 Approved 1 I 2 Total Amount Account MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of tip City Commission FROM: City Manager Jorge M. Gonzalez DATE: December 8, 2010 FIRST READING SUBJECT: AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE ClTY OF MIAMI BEACH, BY AMENDING CHAPTER 106, "TRAFFIC AND VEHICLES," ARTICLE II, "METERED PARKING," DIVISION I, "GENERALLY" SECTION 106- 55 (h)(2), "PARKING RATES, FEES, AND PENALTIES," TO AMEND THE CRITERIA FOR PERMANENT PARKING SPACE REMOVAL, PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and Commission approve the amendment of the ordinance on first reading and set a second and final public hearing. ANALYSIS On September 15, 2010, the Mayor and Commission referred the issue of permanent parking space removals from City inventory to the Land Use and Development Committee (LUDC). Subsequently, on September 27, 2010, the LUDC held a discussion regarding strengthening the process by which permanent parking spaces may be removed from City inventory, for instance by limiting the purpose and/or requiring Commission approval. Section 106-55 of the City Code regulates parking rates, fees, and penalties generally, and Section 106-55(R) specifically governs the removal of parking spaces, both temporarily and permanently. To accommodate construction and other limited needs, the City may temporarily remove parking meters, at a cost of $100.00 per space ($50.00 for removal and $50.00 for replacement) plus the applicable daily space rental fees. It is the policy of the City that permanent parking space removals requests are strongly discouraged. Section 106-55(h) specifies that the fee for permanent removal of a parking space is the same as the parking impact fee, or $35,000 per space. As these requests have become more numerous, the LUDC directed the Administration to proceed with an amendment to the City Code requiring the removal of a parking space or loading zone to be approved by the City Commission, with the exception of those spaces removed specifically to create access to a parking facility. Therefore, it is recommended that Section 106- 55(h)(2) be amended to reflect as follows: Section 106-55(h)(2) Permanent Parking Space Removal: Permanent parking space removal or loadinn zone space removal requests shall onlv be allowed for the purpose of creating access to an off-street parking facility ciwwmg&. The permanent removal of a parking space or loadinq zone for anv other December 8,2010 City Commission Memorandum Parking Space Permanent Removal Code Amendment Page 2 of 2 reason shall require approval from the Citv Commission. The fee for the permanent removal of a parking space shall be the same rate as the parking impact fee, or $35,000.00 per space, whichever is greater. Fiscal Impact: The City Code requires a payment of $35,000 for the removal of a parking space, which is equivalent to the parking impact fee cost per parking space. While the $35,000 payment recuperates the City's capital cost for replacement of said parking space, all revenues generated by the parking space, in perpetuity, are foregone. The average revenue per metered parking space is estimated at $2,000, annually. Therefore, the fiscal impact for the removal of a parking space is estimated at $2,000, annually, in perpetuity. JMGIJGGISF T:\AGENDAPOI O\De8201 O\Regualr\ParkingSpacePermanentRemovalCodeAmendment.cme.doc ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MlAMl BEACH, FLORIDA AMENDING THE CODE OF THE CITY OF MlAMl BEACH, BY AMENDING CHAPTER 106, "TRAFFIC AND VEHICLES," ARTICLE I!, "METERED PARKING," DIVISION 1, "GENERALLY" SECTION 106-55 (h)(2), "PERMANENT PARKING SPACE REMOVAL" TO AMEND THE CRITERIA AND PROCEDURE FOR PERMANENT PARKING SPACE OR LOADING ZONE REMOVAL, PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, on September 15, 2010, the Mayor and Commission referred the issue of permanent parking space removals from City inventory to the Land Use and Development Committee (LUDC); and WHEREAS, on September 27,2010, the LUDC held a discussion regarding strengthening the process by which permanent parking spaces may be removed from City inventory, for instance by limiting the purpose and/or requiring Commission approval; and WHEREAS, Section 106-55 of the City Code regulates parking rates, fees, and penalties generally, and Section 106-55(h) specifically governs the removal of parking spaces, both temporarily and permanently; and WHEREAS, while it is the policy of the City that permanent parking space removals requests are strongly discouraged, requests for permanent removal have become more numerous; and WHEREAS, the LUDC directed the Administration to proceed with an amendment to the City Code requiring the removal of a parking space or loading zone to be approved by the City Commission, with the exception of those spaces removed specifically to create access to a parking facility; and WHEREAS, on October 27, 2010, the full City Commission ratified this directive from the LUDC through approval of the LUDC Committee report on the Consent Agenda. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MlAMl BEACH, FLORIDA, AS FOLLOWS: SECTION I. Chapter 106, "Traffic and Vehicles," Article Ill "Metered Parking," Division 1, "Generally," Section 106-55, "Parking Rate Fees, and Penalties," Subsection (h)(2), "Permanent Parking Space RemovalJ' of the Code of the City of Miami Beach, Florida, is hereby amended, as follows: Chapter 106. Traffic and Vehicles Set. 106-55. Parking rates, fees, and penalties. (h) Permanent Parking Space or Loadinn Zone Removal: (2) Permanent parking space removal or loading zone space removal requests shall only be allowed for the purpose of creatina access to an off-street parkina facility w -. The permanent removal of a parking space or loading zone for any other reason shall require approval from the Citv Commission. The fee for the permanent removal of a parking space shall be the same rate as the parking impact fee, or $35,000.00 per space, whichever is greater. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "sectionJ', "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 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 (1 0) days following adoption. PASSED AND ADOPTED this day of ,2010. ATTEST: MAYOR MATTI HERRERA BOWER ROBERT PARCHER, CITY CLERK APPROVED AS TO Underscore denotes new language denotes deleted language 1 1/23/20 1 0 THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving A Contract Award, Pursuant To lnvitation To Bid No. 2-0911 0, For The Construction Of The Right-of-way lnfrastructure Improvement Program - Neighborhood No. 8B, Bayshore, Lower North Bay Road Project; Authorizing The Mayor And City Clerk To Execute An Agreement With Trans Florida Development Corporation, In The Amount Of $4,055,222.92, For The Construction Of The Project, Plus Approve A Project Contingency In The Amount Of $405,522.29, For A Grand Total Not To Exceed $4,460,745.21; Including $1,399,596.62 From Funds Previously Appropriated In The Capital Budget; Appropriating $3,061,148.59 From Fund 429 Stormwater Projects Line Of Credit, With Such Funds To Be Repaid From Proposed Future Storm Water Bonds; And Further Authorizing The Administration To Engage In Value Engineering To Further ReduceThe Cost And Time For Completion Of Said Project. Key Intended Outcome Supported: Ensure well maintained infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that 42.5% of Mid-Beach residents rated storm drainage as excellent or good. Completing this Project will add to the needed upgrades in this area and improve overall rating. Issue: ( Shall the City Commission approve the award of the Contract? 1 Item SummarylRecommendation: I On November 25,2009, lnvitation to Bid No. 2-09/10 was issued, with a bid opening date of February 8,2010. 1 Due to permitting issues, the bid opening was postponed to November 9, 201 0. he Bid process resulted in the receipt of four (4) responsive bids. On November 18,201 0, the Technical Review Panel (TRP) and a representative from CH2MHil1, the Engineer of Record, convened to evaluate the bids submitted and a 20 minute interview of the contractor's key personnel was conducted. The TRP unanimously recommended Trans Florida Development Corp. as the lowest and best responsive bidder. Trans Florida's team brings many years of experience in infrastructure construction, project management and design to successfully complete the project within budget and schedule. They are currently working on the South Point Phases Ill, IV, and V Right-of-way lnfrastructure Project and recently won the Star Island Right- of-Way lnfrastructure Project which is scheduled to start at the beginning of 201 I. 1 APPROVE THE AWARD OF CONTRACT. I Advisory Board Recommendation: 1 NIA Financial Information: r I Source of Funds: ~:\~~~~~~alO\December 8\Regular\lTB 2-09-10 Bayshore 8b SUMMARY.doc i OBPl 1 Financial Impact Summary: City Clerk's Office Legislative Tracking: Gus Lopez Ext. 6641 - 2 3 4 5 Total Amount $336,620.00 Account 2003 G.O. Bond Neighbohood -384-2326 $835,147.00 $1 94,167.62 $ 33,662.00 $3,061,148.59 $4,460,745.21 2001s Water & Sewer Bonds -424-2326 2006 Gulf Breeze- 423-2326 Pay-As-You-Go - 302-2326 Stormwater Line of Credit - 429-2326 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 -775 DATE: December 8,2010 SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, APPROVING A CONTRACT AWARD, PURSUANT TO INVITATION TO BID NO. 2-09/10, FOR THE CONSTRUCTION OF THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROGRAM - NEIGHBORHOOD NO. 88, BAYSHORE, LOWER NORTH BAY ROAD PROJECT; AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE AN AGREEMENT WlTH TRANS FLORIDA DEVELOPMENT CORPORATION, IN THE AMOUNT OF $ 4,055,222.92, FOR THE CONSTRUCTION OF THE PROJECT, PLUS APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $405,522.29, FOR A GRAND TOTAL NOT TO EXCEED $4,460,745.21; INCLUDING $1,399,596.62 FROM FUNDS PREVIOUSLY APPROPRIATED IN THE CAPITAL BUDGET; APPROPRIATING $3,061,148.59 FROM FUND 429 STORMWATER PROJECTS LINE OF CREDIT, WlTH SUCH FUNDS TO BE REPAID FROM PROPOSED FUTURE STORMWATER BONDS; AND FURTHER AUTHORIZING THE ADMINISTRATION TO ENGAGE IN VALUE ENGINEERING TO FURTHER REDUCE THE COST AND TIME FOR COMPLETION OF SAID PROJECT. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME Ensure value and the timely delivery of a quality capital project. FUNDING Funding in the amount of $1,399,596.62 has been previously appropriated in the Capital Budget and funding in the amount of $3,061,148.59 to be appropriated, as follows: Construction: $ 336,620.00 2003 G.O. Bond Neighborhood account # 384-2326-069357 $ 835,147.00 2001 Series Water & Sewer account # 424-2326-069357 $ 100,593.56 Gulf Breeze 2006 account # 423-2326-069357 $2,782,862.36 Stormwater Project line of Credit account # 429-2326-069357* $4,055,222.92 *To be appropriated and repaid from proposed future Stormwater bonds Contingency: $ 33,662.00 Pay- As-You-Go account # 302-2326-000356 $ 93,574.06 Gulf Breeze 2006 account # 423-2326-000356 $ 278,286.23 Stormwater Project line of Credit account # 429-2326-000356* $ 405,522.29 *To be appropriated and repaid from proposed future Stormwater bonds $ 4,460,745.21 Grand Total City Commission Memorandum - Bayshore 8B: Lower North Bay Road ROW Improvements Project Contract Award Memo December 8,2010 Page 2 of 5 The current contracted scope of services with the Engineer-of-Record only includes limited construction administration services. Please note that future Commission action will be required for construction administration and resident project representation services for this project. The Administration intends to finalize negotiations with the engineering firm and bring these items to the City Commission at a future date. ANALYSIS On April 9, 2003, the City Commission approved the Basis of Design Report (BODR), completed and submitted by CH2MHill for the Neighborhood No. 8 Bayshore1 Sunset Islands Project. This BODR was the culmination of a comprehensive planning effort that included input from and reviews by residents, various City Departments, and the Design Review Board (DRB). The Project limits in general are bounded by Sunset Drive, Alton Road, Biscayne Bay and Sunset Lake. For a graphical representation of the Project limits, reference Exhibit A. The proposed work activities are anticipated along the following: North Bay Road, between Sunset Drive and Alton Road. North Michigan Avenue, between North Bay Road and Dade Boulevard. 21'' Street, between North Bay Road and Alton Road. 23rd Street, between Sunset Lake and Alton Road. 27th Street, between North Bay Road and Alton Road. 2gth Street, between the Sunset Lake Bridge and Alton Road. The Project Scope of Work includes improvements to the storm water collection and disposal system, including construction of four (4) pressurized wells, and two (2) storm water pump stations, improvements to the water distribution system, demolition, site preparation, earthwork, roadway reconstruction, roadway milling and resurfacing, sidewalk replacement, and signage and pavement markings. BID PROCESS Invitation to Bid No. 2-0911 0 was issued on November 25,2009, with a bid opening date of February 8, 201 0. A Pre-Bid Conference was held on December 15, 2009. Since the City was experiencing some difficulty acquiring the necessary permits to continue with the project due to regulatory agencies taking a stricter approachlinterpretation of the anti-degradation policy of Biscayne Bay, the bid opening was postponed until the permit issue could be resolved. Addendum No. 6 was issued on October 18,2010 to reopen the bid process. The deadline for the receipt of bids was scheduled for November 9,201 0. A second pre-bid meeting was held on October 25, 2010. A total of ten (10) addenda were issued to provide additional information and to respond to all questions submitted by the prospective bidders. Bidsync and Bidnet issued bid notices to 2,719 and 223 prospective bidders, respectively. The notices resulted in the receipt of four (4) bids from the following companies: Lanzo Construction Co. of Florida Metro Equipment Service, Inc. Southeastern Engineering Contractors, Inc. Trans Florida Development Corp. The following Table I provides the bid tabulation results of the total amount bid for all four (4) responses to ITB No. 2-09/10: City Commission Memorandum - Bayshore 86: Lower North Bay Road ROW Improvements Project Contract Award Memo December 8,2010 Page 3 of 5 Table I [ Metro Equipment Service, Inc. $5,291,477.37 1 Company Name Trans Florida Development Corp. Southeastern Engineering Contractors, Inc. Lanzo Construction of Florida Please reference "Attachment A" for a more detailed bid tabulation summary for ITB 2-0911 0. Tntal Amount Bid $4,055,222.92 $4,598,040.84 $5,024,140.00 Allowances in the Project pricing included Indemnification in the amount of $25.00; a Permit Fee Allowance, in the amount of $35,000.00, that may be incurred by the contractor by the various agencies having jurisdiction over the project; and a $1 90,000.00 allowance for cost that maybe incurred by the contractor to repair or replace the existing outfalls if they are determined to be in poor condition for a total amount of $225,025.00. The bid contained Deduct Alternates to be selected at the discretion of the City. The Alternates do not change the status of the bid results. On November 18,201 0, the Technical Review Panel (TRP), as well as support staff from the Design Engineer of Record (EOR), CH2MHiI1, convened to review, evaluate and rank the bids submitted for the Bayshore - Lower North Bay Road Infrastructure Improvement Project, Neighborhood 8B, and to conduct a 20 minute interview of the contractors' key personnel. The Technical Review Panel consisted of the following individuals: Janette Fernandez Arencibia, P.E., Capital Projects Coordinator, CIP Office Roberto Rodriguez, Capital Projects Coordinator, CIP Office Aaron Sinnes, Senior Capital Projects Coordinator, CIP Office Millie McFadden, Parks Superintendant, Greenspace Management Ricardo Guzman, Senior Planner, Planning Department Walt Schwarz, CH2MHil1, Non-voting Technical Support Charles Fossler, CIP Office, Non-voting Technical Support Prior to the meeting, the TRP voting members were provided with the proposals submitted by each bidder, the performance evaluation surveys prepared by previous clients of the bidders, the risk assessment value added summary and the resumes of each firm's team proposed to be assigned to the Project. The TRP based its recommendation on the following evaluation criteria: 1. Base Bid Price 50 points 2. Qualifications of bidder 20 points 3. Past Performance 10 points 4. Risk Assessment PlanNalue Added Submittal 10 points 5. Presentation and Interview of Bidder's Key Personnel 20 points Total I 10 points It was discussed by the TRP before the interviews the importance of the successful bidder understanding the dewatering effort required, staging limitations, protection of encroachments, 2gth Street being the only access to Sunset Islands I and II, Public Information Officer component, volume of work, and ability to deal with permitting agencies. City Commission Memorandum - Bayshore 86: Lower North Bay Road ROW Improvements Project Contract Award Memo December 8,2010 Page 4 of 5 The Panel scored the bidders as follows: Table 2 ITB 2-09/10 - Neighborhood 8B: Bayshore - Lower North Bay Road Lanzo Construction Metro Equipment Southeastern Engineering Trans Florida Development 106 1 102 1 103 1 108 1 106 1 Note: maximum based on ITB criteria is 110 points. At the conclusion of the interviews, the TRP unanimously recommended Trans Florida Development Corp. as the lowest and best bidder. Trans Florida identified the areas discussed by the panel, such as the understanding of the dewatering component, and the importance of 2gth Street intersection, as key elements to the success of the project. CITY MANAGER'S REVIEW After considering the review and recommendation of City staff, the City Manager exercised his due diligence and recommends to the Mayor and City Commission the award of a contract to Trans Florida Development Corp. If award is approved, the City will engage in value engineering to identify potential cost savings. Trans Florida Development Corp. Trans Florida Development is a state-certified Underground Utility and Excavation Contractor for 13 years. Trans Florida Development has been directly involved in land development for residential and commercial projects, as well as municipal, County and State Government, such as roadways, bridges, street lighting, storm water drainage systems, water distribution systems, sanitary sewer systems and sewage lift stations. Trans Florida has recently completed the sanitary sewer and water distribution project in Key Biscayne, which included the replacement of 23,000 If of water main, which was installed utilizing trench dewatering, and over 27,000 If of sanitary sewer with a lift station and force main; the project included also restoration of neighborhood streets, swales, roundabouts, sidewalks and driveways. The contract amount was $9.5 million. A description of other representative projects is attached ("Attachment 8"). Trans Florida's team brings many years of experience in infrastructure construction, project management and design to address any situation on this project. Dennis D. Maddox, P.E., Vice President and Senior Project Manager, worked at Miami-Dade Water and Sewer from 1991 to 1999, becoming the Chief of the Construction Management Division in 1995. Mr. Gilbert A. Caamano is the Project Manager with over 25 years of engineering design background in infrastructure projects. Martin Moraga, the Project Superintendent, has 14 years of experience as working with Trans Florida. He was directly involved in the recently completed Key Biscayne project. City Commission Memorandum - Bayshore 88: Lower North Bay Road ROW Improvements Project Contract Award Memo December 8,2010 Page 5 of 5 Excellent references were received from Trans Florida's clients, which include, the Village of Key Biscayne's Village Manager and Public Works Director (see "Attachment C"), Florida Department of Transportation, Century Homebuilders, and D.R. Horton Inc. It should be noted that the City's regular process of considering the price for projects and its standard process for bidding construction projects has resulted in a price that is reflective of the current market. At present, it appears that the market is very competitive and that the City may continue to receive bids that are lower than those received in the past year or so. The public procurement process, which is an open and competitive, transparent process, has again served the City to provide the lowest and best bidder for this project, as it has in the past, with a proposed project cost which is approximately $1,345,000, lower than the construction budget. CONCLUSION: The Administration recommends award of a contract to Trans Florida Development Corporation pursuant to Invitation to Bid No. 02-09/10, for the construction of the City of Miami Beach Right-of-way Infrastructure Improvement Program, Neighborhood No. 8B, Bayshore, Lower North Bay Road Project, in the amount of $4,055,222.92, plus approve a project contingency in the amount of $405,522.29, for a grand total not to exceed $4,460,745.21. Funding in the amount of $1,399,596.62 was previously appropriated in the Capital Budget, and appropriate $3,061,148.59 from Fund 429 Stormwater Projects Line of Credit, with such funds to be repaid from proposed future Stormwater Bonds. And further authorize the Administration to engage in value engineering to further reduce the cost and time for completion of said project. ATTACHMENTS: A Bid Tabulation B Representative Projects C Letter from Village of Key Biscayne EXHIBIT: A Project Limits T:WGENDA\201O\December 8\Regular\lTB 2-09-10 Bayshore 8B MEMO.doc RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE A CONTRACT, PURSUANT TO INVITATION TO BID NO. 2-09/10, FOR THE CONSTRUCTION OF THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROGRAM - NEIGHBORHOOD NO. 8B, BAYSHORE, LOWER NORTH BAY ROAD PROJECT, WlTH TRANS FLORIDA DEVELOPMENT CORPORATION, IN THE AMOUNT OF $4,055,222.92, PLUS A PROJECT CONTINGENCY, IN THE AMOUNT OF $405,522.29, FOR A GRAND TOTAL NOT TO EXCEED $4,460,745.21; INCLUDING $1,399,596.62 FROM FUNDS PREVIOUSLY APPROPRIATED IN THE CAPITAL BUDGET; AND APPROPRIATING $3,061,148.59 FROM FUND 429 STORMWATER PROJECTS LINE OF CREDIT, WlTH SUCH FUNDS TO BE REPAID FROM PROPOSED FUTURE STORM WATER BONDS; AND FURTHER AUTHORIZING THE ADMINISTRATION TO ENGAGE IN VALUE ENGINEERING TO FURTHER REDUCE THE COST AND TIME FOR COMPLETION OF SAID PROJECT. WHEREAS, Invitation to Bid (ITB) No. 2-09/10 was issued on November 25, 2009, with an opening date of February 8, 201 0.; and WHEREAS, the bid opening was postponed to November 9, 2010 due to permitting issues; and WHEREAS, Bidsync and Bidnet issued bid notices to 2,942 prospective bidders, which resulted in the receipt of four bids; and WHEREAS, the City Manager appointed a Technical Review Panel (TRP), which consisted of the following individuals: Janette Fernandez Arencibia, P.E., Capital Projects Coordinator, CIP Office Roberto Rodriguez, Capital Projects Coordinator, CIP Office Aaron Sinnes, Senior Capital Projects Coordinator, CIP Office Millie McFadden, Parks Superintendant, Greenspace Management Ricardo Guzman, Senior Planner, Planning Department Walt Schwarz, CH2MHiI1, Non-voting Technical Support Charles Fossler, CIP Office, Non-voting Technical Support; and WHEREAS, on November 18, 2010, the TRP convened to evaluate the bids, and interview the bidders key personnel; and WHEREAS, at the conclusion of the interviews, the TRP unanimously recommended Trans Florida Development Corp, as the lowest and best bidder; and WHEREAS, funding in the amount of $1,399,596.62 has been previously appropriated in the Capital Budget as follows: $336,620.00 from 2003 G.O. Bond Neighborhood Account # 384- 2326-069357; $835,147.00 from 2001 Series Water & Sewer Account # 424-2326-069357; $100,593.56 from Gulf Breeze 2006 Account # 423-2326-069357; $33,662.00 from Pay- As-You- Go Account # 302-2326-000356; and $93,574.06 from Gulf Breeze 2006 Account # 423-2326- 000356; and WHEREAS, funding in the amount of $3,061,148.59 needs to be appropriated from Fund 429 Stormwater Projects Line of Credit, with such funds to be repaid from proposed future Stormwater Bonds; and WHEREAS, after considering the recommendation of City staff, the City Manager exercised his due diligence and concurs with the recommendation of the TRP. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 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 a contract, pursuant to Invitation to Bid No. 2- 09/10, for the construction of the Right-of-way Infrastructure Improvement Program - Neighborhood No. 89, Bayshore, Lower North Bay Road Project, with Trans Florida Development Corporation, in the amount of $ 4,055,222.92, plus a project contingency, in the amount of $405,522.29, for a grand total not to exceed $4,460,745.21; including $1,399,596.62 from funds previously appropriated in the Capital Budget; and appropriating $3,061,148.59 from Fund 429 Stormwater Projects Line of Credit, with such funds to be repaid from proposed future Stormwater Bonds; and further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said project. PASSED AND ADOPTED THIS DAY OF 201 0. ATTEST: ClTY CLERK MAYOR T:WGENDA\201O\December 8\Regular\lTB 2-09-10 Bayshore 8B RESO.doc Attachment A BID TABULATION - ITB 2-09/10 General Conditions Water and Sewer Stormwater Pavement and Streescape Allowances Grand Total Base Bid Deductive Alternante 5.01 Deductive Alternate 5.02 Deductive Alternate 5.03 Deductive Alternante 5.04 Total Deductive Alternates Trans Florida Development $383,566.35 $695,869.60 $1,838,392.95 $912,369.02 $225,025.00 $4,055,222.92 $22,689.45 $145,348.80 $40,650.12 $2,612.94 $21 1,301.31 COMPANY Southeastern Engineering $378,780.60 $1,109,572.40 $1,748,003.70 $1,136,659.14 $225,025.00 $4,598,040.84 $44,452.80 $31 6,960.00 $146,537.40 $1 1,166.60 $51 9,116.80 NAME Lanzo Construction $378,054.00 $923,509.00 $2,120,41d .OO $1,377,141 .OO $225,025.00 $5,024,140.00 $20,890.1 7 $94,918.20 $6,010.92 $93.24 $1 21,912.53 Metro Equipment Service $660,000.00 $1,099,295.52 $2,244,138.70 $1,063,018.15 $225,025.00 $5,291,477.37 $8,387.82 $77,428.80 $3,396.00 $222.00 $89,434.62 BISCAYNE BAY MIAMI BEACH GULF CLUB ATTACHMENT B - TRANS BAYSHORE 8B: LOWER NORTH BAY ROAD FLORIDA DEVELOPMENT CORP. General Engineering Contractor CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 8B BAYSHORE: LOWER NORTH BAY ROAD Representative Projects Trans Florida Development was the General Engineering Contractor, Dennis Maddox, P.E. was the Project Manager, Angel Farinas was the Superintendent Project Location: SW 127 Ave and SW 21 6 St Project Description: Miami-Dade Water and Sewer Project. Furnish & Install 10,800 lf of 36"& 24" DIP water main, sub-aqueous crossing of both mains across SFWMD C-1 1 canal and connect to existing water treatment plant. Complete trench restoration, roadway milling and resurficing and final pavement markings. Owner Contact: Miami-Dade Water & Sewer Project Award Amount $3,885,306.83 Final Contract Amount $ Not determined at this time Project Status: Completed May 201 0 13960 S.W. 144 Ave. Rd., Miami, FL 33 186 - Phone (305)378-2323 - Fax (305)378-6161 C.C # E982003 235 ATTACHMENT B - BAYSHORE 8B: LOWER NORTH BAY ROAD I -. ji~ TRANS FLORIDA DEVELOPMENT CORP. General Engineering Contractor I CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 8B BAYSHORE: LOWER NORTH BAY ROAD Representative Projects FDOT Contract T-6192 Trans Florida Development was the General Engineering Contractor, Rolando Encinosa is the Project Manager, and Rolando Gonzalez is the Superintendent Project Location: US 11 SR 5 £iom SW 288 St & SW 266 St I Project Description: Joint Participatation Project between Miami-Dade Water & Sewer and the Florida I Department of Transportation. The project is a 2 mile reconstruction of US 1 and the construction of a new 1 24" water main on US 1 with cross connections at major intersections along the route. Owner Contact: Miami-Dade Water & Sewer, FDOT, CEI Engineer, Arturo Perez, P.E., P.S.M. Pinnacle Consulting Enterprises, Inc. Project Award Amount $ 10,830,721.23 Final Contract Amount $ unknown Project Status: Under construction, 75 % completed, Scheduled for completion December 201 1 'J 13960 S.W. 144 Ave. Rd., Miami, FL 33186 - Phone (305)378-2323 -Fax (305)378-6161 C.C # E982003 236 ATTACHMENT B - BAYSHORE 8B: LOWER NORTH BAY ROAD TRANS FLORIDA DEVELOPMENT COW. General Engmeering Contractor CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 8B BAYSHORE: LOWER NORTH BAY ROAD Representative Projects FDOT Contract T-6174 Trans Florida Development was the General Engineering Contractor, Rolando Encinosa is the Project Manager, and Rolando Gonzalez is the Superintendent Project Location: Perimeter Road from NW 72 Ave to NW 57 Ave Project Description: Florida Department of Transportation Project. 1.5 mile reconstruction of Perimeter ,, - ) Road fiom a two lane roadway to a four lane divided highway with drainage, curb and gutters, Culvert crossing and tie in to existing rail road. Owner Contact: DOT, CEI Engineer, Jose Gonzalez, P.E. CIMA Engineering PO Box 557397 Miami, Florida 33255 T. (305)835-0262/(954)435-5882 F. (305)397-1987/(954)337-0301 Project Award Amount $4,8 83,285.28 Final Contract Amount $ unknown Project Status: Completed April 2010 , 8 .. , 13960 S.W. 144 Ave. Rd., Miami, FL 33186 - Phone (305)378-2323 - Fax (305)378-6161 C.C # E982003 237 ATTACHMENT B - BAYSHORE 86: LOWER NORTH BAY ROAD TRANS FLORIDA DEVELOPMENT COW. General Engineering Contractor I CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 8B BAYSHORE: LOWER NORTH BAY ROAD Representative Projects Trans Florida Development was the General Engineering Contractor, Dennis Maddox, P.E. was the Project Manager, Angel Farinas was the Superintendent Project Location: SW 18 Rd and SW 2 Ave to SW 11 St and SW 4 Ave Project Description: Miami-Dade Water and Sewer Project. Furnish & Install 1800 If of l6"& 12" DIP ,, sewer, manholes, cross connect to existing sewer system. Complete trench restoration, roadway milling and ' resurfacing and final pavement markings. Owner Contact: Miami-Dade Water & Sewer Project Award Amount $ 1,337,557.07 Final Contract Amount $ 1,363,077.07 Project Status: Completed October 2009 13960 S.W. 144 Ave. Rd., Miami, FL 33 186 - Phone (305)378-2323 - Fax (305)378-6161 C.C # E982003 238 ATTACHMENT B - BAYSHORE 8B: LOWER NORTH BAY ROAD r -. 3 ! TRANS FLORIDA DEVELOPMENT CORP. General Engineering Contractor CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 8B BAYSHORE: LOWER NORTH BAY ROAD Representative Projects Trans Florida Development was the General Engineering Contractor, Dennis Maddox, P.E. was the Project Manager, Angel Farinas was the Superintendent Project Location: SW 87 Ave from SW 132 ST to SW 120 St Project Description: Miami-Dade Water and Sewer Project. Furnish & Install 4300 If of 16", 12", lo", 8", , and 6" force main, cross connect existing force mains as well as private lift station connections to new - force main. Complete trench restoration, roadway milling and resurfacing and final pavement markings. Owner Contact: Miami-Dade Water & Sewer Project Award Amount $ 1,583,188.36, Final Contract Amount $ 1,63 1,488.36 Project Status: Completed November 2009 I 13960 S.W. 144 Ave. Rd., Miami, FL 33 186 -Phone (305)378-2323 - Fax (305)378-6161 C.C # E982003 239 ATTACHMENT B - BAYSHORE 88: LOWER NORTH BAY ROAD TRANS FLORIDA DEVELOPMENT COW. General Engineering Contractor CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORJ3OOD NO. 8B BAYSHORE: LOWER NORTH BAY ROAD Representative Projects andm mark At Doral Trans Florida Development was the General Engineering Contractor, Gilbert A. Caamano was the Project Manager, Angel Farinas was the Superintendent Project Location: NW 107 Ave and NW 66 Street, Doral Florida Project Description: Multi Family and Commercial development with New construction of 7585 R of 8" \ water ma& 13,779 if of 12" water mh~, 10653 lf ofnew 8" Sanitary Sewer, 745 lf of 8" sanitary sewer - force main, 1 new sanitary sewer pump station installed, 7534 lf of 15" exfiltration trench, 3201 If of 24" exfiltration trench, 1357 If of 15" solid HDPE drainage pipe, 140,850 sy of asphalt pavement, swales, roundabouts, sidewalks and driveways. . Owner Contact: Juan Alvarez, P.E. CDD Engineer. 10560 NW 27 Street, Suite 102, Miami, Florida 33 172 Tel. 305-640-1345, Fax 305-640-1 346 Project Award Amount $28,434,006.06, Final Contract Amount $ 3 1,042,350.00 Project Status: 90% completed January 2010 went into receivership by CDD Bond Holders / Sales Negotiations to Lennar Homes 13960 S.W. 144 Ave. Rd., Miami, FL 33186 -Phone (305)378-2323 - Fax (305)378-6161 C.C # E982003 ATTACHMENT B - BAYSHORE 8B: LOWER NORTH BAY ROAD ' l, TRANS FLORIDA DEVELOPMENT CORP. General Engineering Contractor CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 8B BAYSHORE: LOWER NORTH BAY ROAD Representative Projects Village of Key Biscayne Zone 213 Trans Florida Development was the General Engineering Contractor, Dennis Maddox, P.E. was the Project Manager, Angel Farinas was the Superintendent Project Location: Portion of Key Biscayne from W. Mashta Dr. on the south, Harbor Dr and Warren Lane on the west, W. Heather Dr. on the north and Fernwood Rd and Crandon Boulevard on the east. \. Project Description: Replacement of 20,850 ft of 8" water main, 2438 If of 12" water main, 22,489 If of / new 8" Sanitary Sewer, 2610 lf of 10" sanitary sewer and 1941 If of 12" sanitary sewer, 800 lf of 8" sanitary sewer force main, 1 new sanitary sewer pump station installed, complete restoration of neighborhood streets, swales, roundabouts, sidewalks and driveways. Owner Contact: Armando Nunez, Public Works Director. 88 West MacIntyre Street, Key Biscayne, F1. 33 149. TEL: (305) 365-8945, FAX: (305) 365-7757 Project Award Amount $ 9,392,909.00, Final Contract Amount $ 9,517,555.54 Project Status: Completed'August 201 0 13960 S.W. 144 Ave. Rd., Miami, FL 33186 -Phone (305)378-2323 - Fax (305)378-6161 C.C # E982003 ATTACHMENT B - BAYSHORE 88: LOWER NORTH BAY ROAD TRANS FLORIDA DEVELOPMENT CORP. General Engineering Contractor CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM, NEIGHBORHOOD NO. 8B BAYSHORE: LOWER NORTH BAY ROAD Representative Projects Islands at Doral I11 Trans Florida Development was the General Engineering Contractor, Dennis Maddox, P.E. was the Project Manager, Angel Farinas was the Superintendent Project Location: NW 112 Ave and NW 86 Street, Doral Florida Project Description: New construction of 43,965 ft of 8" water main, 4304 If of 12" water main, 32,362 If ,, of new 8" Sanitary Sewer, 1050 If of 8" sanitary sewer force main, 2630 If of 12" sanitary sewer force i main, 2 new sanitary sewer pump station installed, 13,428 If of 18" exfiltration trench, 26,604 lf of 18" solid HDPE drainage pipe, 148,737 sy of asphalt pavement, swales, roundabouts, sidewalks and driveways. Owner Contact: Juan Alvarez, P.E. CDD Engineer. 10560 NW 27 Street, Suite 102, Miami, Florida 33 172 Tel. 305-640-1 345, Fax 305-640-1 346 Project Award Amount $29,403,538.00, Final Contract Amount $ 30,173,729.47 Project Status: Completed September 2007 13960 S.W. 144 Ave. Rd., Miami, FL 33 186 - Phone (305)378-2323 - Fax (305)378-6161 C.C # E982003 242 ATTACHMENT C - BAYSHORE 8B: LOWER NORTH BAY ROAD Eke Council Robert L. Vernon, Mayor Enrique Garcia, Vce Mayor Michael W. Davey March 31,2010 Robert Gusman Michael E. Kelly Jorge E. ~endia Thomas Thomton Mr. Aquilino Melo President Irikzge Manager Trans Florida Development Corp. Genaro "Chip" Iglesias i 3SQO Skh4 I* kiisrioe P\d. Miami, Florida 33 186 Dear Mr. Melo, I would like to express my appreciation for the work that Trans Florida has performed at the Village of Key Biscayne during the Water and Sewer project. The replacement pf all the water mains and converting over 700 homes from septic to sewer in a barrier island setting is an incredible task. Trans Florida provided a very aggressive pricing proposal that has been backed up by quality work. The conditions that the work crews faced were very difficult along with working along narrow streets. The professionalism exhibited by the entire team was very much appreciated, as well as, the willingness to adapt to unforeseen situations. Your company went above and beyond when the Village of Key Biscayne needed your assistance and you even offered your resources to assist with certain issues we faced that were unrelated to the project. In essence, you practiced good corporate citizenship. This has been a very difficult project for all due to the disruption a project of this magnitude creates and I am certainly looking fonvard to closure. I wanted to take this opportunity say ' "Thank you" for delivering a quality project and for the worlc of all the employees assigned to this project. 88 West McIntyre Street Suite 2 10 Key Biscayne, Florida 33 149 (305) 365-5 500 Fax (305) 365-8936 MISSION STATEMENT: WK) PROVIDE A SAFE, QUALITY COhfhlUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOK3WMENT." www.keybiscayne.fl.gov THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the City Manager to execute an agreement with the artist Tobias Rehberger in an amount not to exceed $500,000 for a public art commission for the Art in Public Places sculpture entitled "Lighthouse" (working title), to be sited in South "ointe Park and appropriate $500,000 from Fund 147 -Art in Public Places. Key Intended Outcome Supported: I Increase community rating of cultural activities. I Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey shows that 73.3 % of residents and 58.7 % of businesses feel the City has the "right amount" of cultural events available. Issue: I Shall the City of Miami Beach approve the selection of a public art commission for South Pointe Park? Item SummarylRecommendation: In the fall of 2005, with direction from the City Administration, the Art in Public Places (AiPP) Committee embarked on commissioning an internationally recognized artist that would create an original work of art, in conjunction with the re-design and renovation of South Pointe Park. The objective was to commission work that would be monumental in scale, within the project budget of $500,000. On February 23, 2006, the AiPP committee voted in favor of awarding the South Pointe Park public art commission to lfiigo Manglano-Ovalle for the proposed work of art entitled "Drift." The City Commission subsequently approved (the selection) at their April 1 1,2006, Commission Meeting. Following multiple discussions and meetings with the Capital Improvements Office, the Legal Department and the Artist over the course of two years and failing to reach agreement on terms and a revised budget, on September 24,2008 the City unanimously passed a motion accepting the recommendation from the AiPP that the City no longer move forward with "Drift" in South Pointe Park and issue a new call for Artists. The AiPP committee met on a monthly basis from July to December 2008 and discussed possible artists for South Pointe Park. The public projects of forty-five (45) artists were reviewed. On September 15, 2009, AiPP met and unanimously agreed to request proposals from the following four artists; Jim Drain, Mark Handforth, Tobias Rehberger and Gary Webb; the four artists made presentations to the AiPP. On March 26,2010, the Committee reviewed and discussed the presentations and unanimously agreed to request fully realized proposals from Mark Handforth, Tobias Rehberger and Gary Webb. On July 6,201 0, the AiPP Committee discussed the proposals from Tobias Rehberger and Gary Webb and unanimously voted in favor of recommending Mr. Rehberger's project "Lighthouse" (working title). On October 5, 2010, the Neighborhoods and Community Affairs Committee passed a motion accepting the Art in Public Places Committee's recommendation and requested a briefing in more detail regarding the project and the artist The project was reviewed by the Design Review Board (DRB) on November 2,2010 and was unanimously approved. As required by the City Code, a second public hearing before the DRB is required and is scheduled for December 7, 2010. At the time of the printing of this agenda, the outcome of the meeting is not known. Advisory Board Recommendation: Art in Public Places; Neighborhoods/Community Affairs Committee; and Design Review Board have recommended in favor of the selected public art project on July 6, 2010 and Oct. 5, 2010 respectively. Financial Information: Approved Source of Funds: 9s OBPl Financial Impact Summary: 1 Total Amount $500,000 Account Fund 147 - Art in Public Places MIAMIBEACH - City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, www.rniarnibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Mattie Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: December 8, 201 0 SUBJECT: A RESOLUTION OF THE MAY MMlSSlON OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SELECTION OF A PUBLIC ART COMMISSION FOR SOUTH POINTE PARK, ENTITLED "LIGHTHOUSE" (WORKING TITLE), AS APPROVED BY THE ART IN PUBLIC PLACES COMMITTEE; NEIGHBORHOODS1 COMMUNITY AFFAIRS COMMITTEE; AND DESIGN REVIEW BOARD; FURTHER APPROVING AND AUTHORIZING THE ClTY MANAGER TO EXECUTE A CONTRACT WITH THE ARTIST, TOBIAS REHBEGER, AND APPROPRIATING FUNDS, IN AMOUNT NOT TO EXCEED $500,000, FOR DESIGN, CREATION, AND INSTALLATION OF AFORESTATED WORK OF ART ; FROM FUND 147 -ART IN PUBLIC PLACES. ADMINISTRATION RECOMMENDATION Adopt the resolution. BACKGROUND In the fall of 2005, with direction from the City Administration, the Art in Public Places (AiPP) Committee embarked on commissioning an internationally recognized artist that would create an original work of art, in conjunction with the re-design and renovation of South Pointe Park. The objective was to commission work that would be monumental in scale, within the project budget of $500,000. On November 4, 2005, the AiPP Committee met and shortlisted seven artists. Subsequently, George Hargreaves, Hargreaves Associates (the City's Architecture and Engineering consultant for the South Pointe Park Project), explained to the AiPP Committee his vision for the Park, and recommended artists from the shortlist he felt were best suited for the project. On February 23, 2006, the committee voted in favor of awarding the South Pointe Park public art commission to Ifiigo Manglano-Ovalle for the proposed work of art entitled "Drift." The "Drift" was a large-scale sculpture proposed for the West Palm Lawn at South Point Park and was a reproduction of an artic iceberg based on scientific data of an actual phenomenon, sculpted in white marble with steel interior structure. The City Commission subsequently approved (the selection) at their April 1 1, 2006, Commission Meeting. Following multiple discussions and meetings with the Capital Improvements Office, the Legal Department and the Artist over the course of two years and failing to reach agreement on terms and a revised budget, on June 17,2008, the AiPP Committee met and unanimously passed a motion recommending that the Mayor, City Commission and the Administration no longer move forward with "Drift" in South Pointe Park. They further recommended that a new Call to Artists be issued. On September 24, 2008 the City Commission unanimously approved the recommendation to issue a new Call to Artists for South Pointe Park with a project budget not to exceed $500,000, inclusive of all infrastructure costs. The AiPP committee met on a monthly basis from July to December 2008 and discussed possible artists for South Pointe Park. The public projects of forty-five (45) artists were reviewed. On Page 2 of 3 December 8,2010 City Commission Meeting Tobias Rehberger Resolution September 15, 2009, AiPP met and unanimously agreed to request proposals from the following four artists; Jim Drain, Mark Handforth, Tobias Rehberger and Gary Webb. At the February 23, 201 0 meeting artists, Jim Drain, Mark Handforth, Tobias Rehberger and Gary Webb presented their proposals. On March 26,201 0 the Committee reviewed and discussed the presentations further and unanimously agreed to request fully realized proposals from Mark Handforth, Tobias Rehberger and Gary Webb. Finalist Mark Handforth notified staff that after considerable thought, he would not submit a proposal. On July 6, 2010, the AiPP Committee discussed the proposals from Tobias Rehberger and Gary Webb. Please see Attachment A for a description of Mr. Rehberger's project, and Attachment B, an artist rendering of the project. The committee discussed the proposals at length and unanimously selected Tobias Rehberger's "Lighthouse" (working title), to be commissioned for South Pointe Park. The Committee duly noted that Mr. Rehberger is an internationally recognized artist; some of his most important public art projects are: Slinky Springs to Fame, 20 1 0, Oberhausen, Germany; Cafeteria Project, 2009, Venice Biennale, Venice, Italy, which was the recipient of the prestigious Golden Lion Award; C'era un volta in America, 2009, Maxxi Contemporary Art Museum, Rome, Italy; and Raststatt Rio Bravo, 2008, Munich, Germany. Additionally, the Committee recognized that Mr. Rehberger had done seventy-two (72) one man shows at some of the most prestigious museums and foundations in the world; including: Frankfurt Museum, Frankfurt, Germany, 2010; Stedelijk Museum, Amsterdam, Netherlands, 2008; Prada Foundation, Milan, Italy, 2007; Centro de Arte Contempor8neal Minas Gerais, Brazil, 2006 National Museum Queen Sofia Art Center, Madrid, Spain, 2005; Serrvales Museum, Porto, Portugal, 2002; Palais de Tokyo, Paris, France, 2002; Museum of Contemporary Art, Chicago, USA, 2000; University of California Berkeley Art Museum, Berkeley, USA, 1999; Kunsthalle Basel, Basel, Switzerland, 1998. The Scope of Services (Attachment "C") and project budget (Attachment "D") are provided for your information. NElGHBORHOODSlCOMMUNITY AFFAIRS COMMITTEE REVIEW On October 5, 2010, the Neighborhoods and Community Affairs Committee discussed the AiPP's recommendation and solicited comments from members of the public present. At the conclusion of their discussion they passed a motion accepting the Art in Public Places Committee's recommendation and requested individual briefings in order to review the project and artist information in more detail. Additionally, the Committee directed staff to develop alternative locations for the off-leash dog area in South Pointe Park; the Parks and Recreation Department will be presenting alternative locations at the December Committee meeting. Page 3 of 3 December 8,2010 City Commission Meeting Tobias Rehberger Resolution Following the Neighborhoods and Community Affairs Committee meeting, on October 18, 2010, staff presented the project to the South of Fifth Street Neighborhood Association (SOFNA). This presentation is done as a courtesy to keep the community informed on developments occurring in the neighborhood. Although it is always desired, the City Code does not require approval or support from the neighborhood association on AiPP projects. In fact, the Code delineates a specific process for the selection of public art, which was followed by the Commission-appointed AiPP Committee. DESIGN REVIEW BOARD MEETING The project was reviewed by the Design Review Board (DRB) on November 2, 2010 and was unanimously approved. As required by the City Code, a second public hearing before the DRB is required and is scheduled for December 7, 2010. At the time of the printing of this agenda, the outcome of the meeting is not known. PROJECTED TIMELINE If approved by the City Commission at the December 8, 2010, meeting, the City will immediately finalize a contract with Mr. Rehberger who has proposed installation for November 201 1. CONCLUSION As you know, opinions on art are very subjective and it is impossible to please everyone. In fact, one very important purpose of public art is to open dialogue about the piece and encourage the community to express themselves. It is evident this piece is already accomplishing this. While there have been expressions of support from South of Fifth residents, SOFNA has advised the City that their board does not support this selection. The Administration recommends that the Mayor and City Commission approve the selection of a public art commission for the South Pointe Park, entitled "Lighthouse" (working title), as recommended by the Art in Public Places Committee; Neighborhoods and Community Affairs Committee; and Design Review Board; and further approving and authorizing the City Manager to execute a contract with the Artist, Tobias Rehberger, and appropriating funds, not to exceed $500,000, for design, creation, and installation of the aforestated work of art; from Fund. 147-Art in Public Places. T:\AGENDA\201 O\December 8\Regular\AiPP Rehberger Memo.doc PROJECT DESCRIPTION Tobias Rehberger: "Lighthouse" (Attachment "A") The following description of the project is taken from Tobias Rehberger's proposal. The dimension of the artwork is estimated at 55'1 111 6" in height and the width varies from 8' 1 X to 4' 10' X. The project budget is within the available budget and the project timeline reflects the sculpture being installed by November 201 I. "For my art proposal within South Pointe Park / Miami Beach 1 would like to give this very special gateway to the City of Miami Beach a symbol that not only marks the area and greets all the visitors that pass through Government Cut every day by boat but also brings together some of the key attributes the City stands for: a vital zest for life, art, and design: a sculpture, which is designed as a modern playful interpretation of a beacon, including the moving lights at the top. However, the function of the light is not to guide the ships but to greet all the visitors to the City with cheerful, multi-colored lighting that underlines the lively spirit of Miami Beach." ATTACHMENT B ATTACHMENT C SCOPE OF SERVICES DELIVERABLES: Artist shall provide the following deliverables: I-A Design Development. The Artist shall complete the design development of the approved Artwork, develop construction documents, based on the approved concept, for fabrication of the work, coordinate the Work with the Contract Administrator and Project Coordinator and secure all applicable approvals and permits. Approval by the Contract Administrator and notice to proceed for fabrication shall occur after submittal of all applicable artwork deliverables and shall require the additional review and approval of Project Coordinator (which shall occur concurrent with Contract Administrator's review and approval process). 1. The Artist shall submit final design drawings for fabrication, artist proofs, material samples, construction documents, verified cost estimate, sub-contractor list, permits and approvals, and a fabrication and installation schedule. 2. If the verified cost exceeds the Project Budget, the Artist shall be obligated to redesign the Artwork to fit within the established budget, inclusive of all payments to the Artist, at no additional charge to City. 3. This phase includes Site visits for coordination and presentation purposes. I-B Fabrication and Installation. The Artist shall deliver and install all Artwork and Artwork support components, as per the approved construction drawings. Artist shall provide construction administration services as required during the installation of the Artwork at the Site, including, but not limited to, the coordination of all applicable inspections by all governmental authorities having jurisdiction over the Project. I-C Final Conservation Documents. Upon completion and installation of the Artwork, the Artist shall submit all photographic documentation and completed cataloging forms including shop drawings, manufacturer specifications and product cut-sheets, as applicable. If the Artist utilizes computer technology in the fabrication of the Artwork, the Artist shall submit electronic copies of any computer files that will support on-going operations or future repairs and conservation of the Artwork. Artist shall also submit replacement material(s) andlor parts, as applicable, and as deemed necessary by the Artist and Contract Administrator, to be used for future repairs of the Artwork (quantities to be determined by Artist and Contract Administrator). Artist to demonstrate any maintenance and replacement procedures of the Artwork, as deemed necessary by the Contract Administrator. COMPLETION AND INSPECTION: Upon completion and installation of all designed and fabricated components, Artist shall be responsible for obtaining written final approval from Contract Administrator. If Contract Administrator finds the Work acceptable, the requirements of the Agreement with regard to design, fabrication, and installation of the Work and the Project satisfied, and all conditions of the permits and regulatory agencies fulfilled, final acceptance shall be given by the Contract Administrator. PHOTOGRAPHIC DOCUMENTATION: Professional photo-documentation suitable for publication shall include images of all major aspects of the Project. The Artist-supplied photo-documentation shall be reproducible, at no cost to the City, for any and all applicable uses by the City. COMMUNITY INVOLVEMENT and EDUCATIONAL OUTREACH: In the development of the Artwork design, the Artist shall research the relevant concerns and interests of the City, and the surrounding community. The Artist shall participate in at least one community meeting and two other public meetings, as shall be determined by the Contract Administrator. TIMELINE FOR COMPLETION: It shall be the Artist responsibility, where applicable, to obtain all necessary permits as required by City through Contract Administrator, and provide proof of same to the Contract Administrator prior to fabrication. Tobias Rehberger South Pointe Lighthouse Budget Worksheet Line Item Concrete Slab & Footings Consultant Engineering Installation Insurance Legal Fees Lighting & Electrical Materials & Labour Permits Photo Documentation Shipping Site Preparation Travel Total Artist's Fee Studio Overhead Computer Modeling & Design Amount Description Foundation and Earthworks Geotechnical analysis Schlaich Bergermann und Partner Steelwork erection Lighthouse lighting and grid connection 6 Powder Coated Aluminium g E Z ---I w local production possible difference to maximum budget Studio Tobias Rehberger Studio Tobias Rehberger RESOLUTION NO. A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, APPROVING THE SELECTION OF A PUBLIC ART COMMISSION FOR SOUTH POINTE PARK, ENTITLED "LIGHTHOUSE" (WORKING TITLE), AS RECOMMENDED BY THE ART IN PUBLIC PLACES COMMITTEE; THE NEIGHBORHOODS AND COMMUNITY AFFAIRS COMMITTEE; AND THE DESIGN REVIEW BOARD; FURTHER APPROVING AND AUTHORIZING THE MAYOR AND ClTY CLERK TO EXECUTE A CONTRACT WITH THE ARTIST, TOBIAS REHBERGER; AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $500,000, FOR DESIGN, CREATION, AND INSTALLATION OF THE AFORESTATED WORK OF ART; AND APPROPRIATING FUNDS FROM FUND No. 147 ART IN PUBLIC PLACES. WHEREAS, in the Fall of 2005, with direction from the City Administration, the Art in Public Places (AiPP) Committee embarked on commissioning an internationally recognized artist that would create an original work of art, in conjunction with the re-design and renovation of South Pointe Park; and WHEREAS, on February 23,2006, the AiPP committee voted in favor of awarding the South Pointe Park public art commission to Ifiigo Manglano-Ovalle for the proposed work of art entitled "Drift"; and WHEREAS, the Tourism and Cultural Development Office, Capital Improvements Office, and the Legal Department discussed the project with the Artist over the course of two years and failed to reach agreement on terms and a revised budget, and WHEREAS, on June 17,2008, the AiPP Committee met and unanimously passed a motion recommending that the Mayor, City Commission and the Administration no longer move forward with "Drift" in South Pointe Park; and WHEREAS, on September 24, 2008, the City Commission unanimously approved the recommendation to issue a new Call to Artists for South Pointe Park with a project budget not to exceed $500,000, inclusive of all infrastructure costs; and WHEREAS, the AiPP Committee met on a monthly basis from July to December 2008 and discussed possible artists for South Pointe Park, subsequently reviewing the public projects of forty- five (45) artists; and WHEREAS, at the AiPP1s request, in their February 23, 2010 meeting, Jim Drain, Mark Handforth, Tobias Rehberger and Gary Webb made presentations of their proposals; and WHEREAS, on March 26, 2010, the AiPP Committee reviewed and discussed the presentations further and unanimously agreed to request fully realized proposals from Mark Handforth, Tobias Rehberger and Gary Webb; and WHEREAS, on July 6, 201 0, the AiPP Committee discussed the proposals received from Tobias Rehberger and Gary Webb, and the Committee voted unanimously in favor of Mr. Rehberger's project "Lighthouse" (working title); and WHEREAS, on October 5,201 0, the Neighborhoods/Community Affairs Committee passed a motion recommending the project and requested a briefing in more detail regarding the project and the artist; and WHEREAS, the project was reviewed by the Design Review Board (DRB) on November 2, 201 0, and was unanimously approved and, as required by the City Code, a second public hearing before the DRB is scheduled for December 7, 2010; and WHEREAS, Mr. Tobias Rehberger is an internationally recognized artist; and WHEREAS, the Administration concurs with the advisory recommendations of the AiPP Committee; the Neighborhoods and Community Affairs Committee; and the Design Review Board respectively, and would further recommend that the Mayor and City Commission approve and authorize the Mayor and City Clerk to execute an Agreement, in the amount not exceed $500,000, with Mr. Tobias Rehberger (Artist), for design, creation, and installation of the aforestated work of art, entitled "Lighthouse" (working title); and WHEREAS, funding, is available from Fund No. 147 -Art in Public Places. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the selection of the certain public art commission for South Pointe Park, with a working title, "Lighthouse," as recommended by the Art in Public Places Committee; the Neighborhoods and Community Affairs Committee; and Design Review Board; further approving and authorizing the Mayor and City Clerk to execute an Agreement with the Artist, Tobias Rehberger; and appropriating funds, in an amount not to exceed $500,000, for design, creation, and installation of the aforestated work of art; from Fund No. 147 Art in Public Places. PASSED and ADOPTED this day of December, 201 0. MAYOR ATTESTED BY: ClTY CLERK APPROVED AS TO FORM & LANGUAGE & FOH EXECUTION City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39, ~.miamibeachfl.~ov OFFICE OF THE CITY CLERK, Robert Parcher, City Clerk Tel: (305) 673-741 1, Fax: (305) 673-7254 COMMISSION MEMORANDUM To: Mayor Matti Herrera Bower and Members of the City Commission From: Jorge M. Gonzalez, City Manager Date: December 8, 201 0 Subiect: BOARD AND COMMITTEES That appointments be made as indicated. v ADMINISTRATION RECOMMENDATION: ANALYSIS: Attached are the applicants that have filed with the City Clerk's Office for Board and Committee appointments. VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: , TOTAL VAC . PAGE Affordable Housing Advisory 11 City Commission Committee 5 Page I Beautification Committee 8 Commissioner Jerry Libbin 1 page4 -- Community Development Advisory 14 Commissioner Ed Tobin Committee Commissioner Jerry Libbin 1 Page 11 1 Commissioner Jorge Exposito 1 Fine Arts Board 14 Commissioner Ed Tobin 1 Page18 Commissioner Jerry Libbin 2 Commissioner Jorge Exposito 2 Health Advisory Committee 11 City Commission I Agenda Item R 1 We are committed to providing excellent public service and safev to all who live, work and play in 1 Date /a-f-/$ 257 VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE Hispanic Affairs Committee 7 Mayor Matti Herrera Bower 1 page 23 Housing Authority 5 Mayor Matti Herrera Bower 2 page 25 Marine Authority 7 Commissioner Ed Tobin 1 page 27 Miami Beach Commission For 2 1 Commissioner Jonah M. Wolfson 1 Page28 Women Miami Beach Human Rights 5 City Commission 4 page 30 Committee Mayor Matti Herrera Bower 1 Miami Beach Sister Cities Program 24 Mayor Matti Herrera Bower 6 page 31 Normandy Shores Local Gov. 3 City Commission Neighborhood Impv. Police Citizens Relations Committee 17 Mayor Matti Herrera Bower 1 page 37 Production Industry Council 7 Commissioner Deede Weithorn 1 page 39 Safety Committee 14 Commissioner Jorge Exposito 1 page 40 Single-Family Residential Review 3 Jorge M. Gonzalez, City Manager 3 page 41 Panel VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE Attached is breakdown by Commissioner or City Commission: City Commission Committees Committee Position First Name Appointed by Chairperson Commissioner Deede Weithorn Mayor Bower Vice-Chair Commissioner Jerry Libbin Mayor Bower Alternate Commissioner Jonah Wolfson Mayor Bower Member Commissioner Jorge Exposito Mayor Bower Liaison Patricia Walker, Chief Financial Off. Chairperson Commissioner Michael Gongora Mayor Bower Vice-Chair Commissioner Jonah Wolfson Mayor Bower Alternate Commissioner Deede Weithorn Mayor Bower Member Commissioner Edward L. Tobin Mayor Bower Liaison Richard Lorber, Acting Planning Dir Chairperson Commissioner Jerry Libbin Mayor Bower Vice-Chair Commissioner Edward L. Tobin Mayor Bower Alternate Commissioner Michael Gongora Mayor Bower Member Commissioner Jorge Exposito Mayor Bower Liaison Barbara Hawayek, Code Compliant Monday, November 22,2010 Page 1 of 1 NON-CITY COMMISSION COMMITTEES Mayor Matti Herrera Bower Citizen's Oversight Committee = Greater Miami Convention and Visitors Bureau Metropolitan Planning Organization Tourist Development Council Hilda Fernandez, Asst. CM. Miami-Dade County Homeless Trust Board Mitchell Kaplan Performing Arts Center Trust (PACT) Vacant Vacant Vacant Dade Cultural Alliance Commissioner Weithorn Miami Dade League of Cities THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: December 8, 201 0 APPOINTMENTS wclTy COMMISSION SUBJECT: BOARD AND COMMITTEE APPOI ADMINISTRATION RECOMMENDATION Make appointments as indicated. BOARDS AND COMMITTEES 1 Affordable Housing Advisory Committee 2 Health Advisory Committee 3 Miami Beach Human Rights Committee 4 Normandy Shores Local Gov. Neighborhood Improvements F:\CLER\$ALL\MARIA-M\B & C\Commission Memo B & C FOR 12-08-10.doc 263 Agenda Item 87 A I Date 12-%-18 Board and Committees Current Members +.' ,-,.:. . ,.. *,;, .'. I,,? iti' ':'cl.s ,"',>.:,':: -7:j 2!,.,, -!< .'4 "':'('~'-..",~-,.~,~~j".~'.~"."--~~"~~",*1;i~,::;~".. ,\. , ,.,, ,k.> -:*> :# . &,>!:; f.; ,< ,,2,.,~~~~~:,~,, <,>?&>"A .""' A>:..<\:;i;;J-z:?*$+ ".. ,,?' ". yT?-' -.. ~ff~~~a~~~~~~s1.ng~t~~~~$:oow~~omrm~f='ei,i~~~~QQi;,~~1~~~~~~~~~~k~~~f .- ... ,.. ... ,. ., . p;<;:$$;:;,::g: ~s$~,~~~$$$,~~~~<~;~$; ,. . . Composition: The committee shall consist of eleven (11) voting members with two (2) year terms appointed at large by a majority vote of the Mayor and City Commission: One citizen: 1) actively engaged in the residential home building industry in connection with affordable housing; 2) actively engaged in the banking or mortgage banking industry in connection with affordable housing; 3) representative of those areas of labor actively engaged in home building in connection with affordable housing; 4) actively engaged as an advocate for low-income persons in connection with affordable housing; 5) actively engaged as a for-profit provider of affordable housing; 6) actively engaged as a not-for-profit provider of affordable housing (Housing Authority member); 7) actively engaged as a real estate professional in connection with affordable housing; 8) actively serving on the local planning agency pursuant to Florida Statute 5 163.3174 (Planning Board member); 9) who resides within the jurisdiction of the local governing body making the appointments; 10) who represents employers within the jurisdiction; 11) who represents essential services personnel as defined in the local housing assistance plan. Members of the Loan Review Committee, members of the Community Development Advisory Committee (CDAC), Planning Board and Miami Beach Housing Authority may be appointed to fill any of the eleven (11) categories and serve as ex-officio voting members on this committee. If due to conflict of interest by prospective appointees, or other reasonable factor, the City is unable to appoint a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without regard to affordable housing may be appointed. City Liaison: Richard Bowman To replace Roberto (6) Not For Profit 12/31/2010 City Commission DaTorre To replace Dr. (10) Rep. Empl. withlju 12/31/2011 City Commission Barry Ragone To replace Ada (4) Low-Income Advoc. 12/31/2011 City Commission Llerandi To replace Brian (1) Res. Home Bldg. 12/31/2010 City Commission Ehrlich To replace Lianne (1 1) Rep. Essential Sew 12/31/2011 City Commission Pastoriza Name - - Clark David Jonathan Michael Robert Stephanie Last Name PositionITitle Term Ends: Appointed by: - .- -- Reynolds (9) Res. Juris. Local Gvt 12/31/2011 City Commission Smith (2) BankingfMortgage 12/31/2010 City Commission Fryd (8) Local Planning Board 12/31/2010 City Commission Burnstine (7) Real Estate Prof. 12/31/2011 City Commission Saland (5) For Profit 12/31/2010 City Commission Berman (3) Rep. Labor Home Bldg. 12/31/2010 City Commission Term Limit: . 12/31/13 12/31/15 12/31/13 12/31/13 12/31 /I 3 12/31/13 *_ ,*- - _ * * ....- _ ^ " -.*.I -1. _,... .-. *..-..r .I-^,YCI(U."...I"-,*. I-Y*UII*XC-..m *I*lOlltUI.IXILIVCI-~~ws~--~--------"- MonrCny, November 22,2010 Page I of47 (Contznued .... Board and Committees Current Members Applicants PositionITitle Applicants PositionITitle . -- ~- .- . .- .. Amy Perry Andrew Fischer Charles Urstadt Karen Fryd Marie Towers Mario Coryell Roberto DaTorre Steven Gonzaiez " ., - ---* ... -" *<...,. - .- "....+ " *,-* ~~,~~-~~-,.%~,w*w~~~~ ,'---**-.*--&m.-----..*s"." Monrlny, ~ovrmbe; 22,201 0" Page 2 of 47 Board and Committees Current Members ..:. . . . : ' " . *< - . ' > ..;i,, ' , t, !!- . : 2.. ..- , .- +.:, .".. rr . ... .. -- L- He,&b ~&~<~$~fi~p~~l&ee ;;:; ;.,,+ ,:F2;.,:i f;; :.:, :; ,E?;,:, ;,<;; :f;v?j;y >i$:i$~~~~~?.$?q~:~:~~~~~~d$- : ,?: $eC@2'81 '2002:;5't,' ... . , .,- , . .., ,. . , ._ ,. -:. :.., . .,., , . ,. , , ,-?,.j,,;(, #.:,x;:. ..;;Y51z~~i~+;9\t;;;;I~2~~~~d~$Z:a$i~i~~& :x&i;i?.;!> .+v.~.L-, ,: ~~~a.~..?;p ,: .L ,.... , . Composition: Eleven (11) voting members. Appointed by the City Commission at-large, upon recommendations of the City Manager: Two (2) members shall be the chief executive officers (CEO's) or their designated administrators from each of the following local hospitals: 1) Mount Sinai Medical Center, 2) South Shore Hospital, One (1) member shall be the Chief Executive Officer (CEO) from Stanley C. Myers Community Health Center or hislher designee administrator; Two (2) member shall be an administrator from an Adult Congregate Living Facility (ACLF). And/or an Assisted Living Facility (ACLF); One (1) member shall be a representative from the nursing profession; One (1) member shall be a health benefits provider; Two (2) members shall be physicians.; Two (2) members shall be consumers consisting of: 1) one (1) individual from the corporate level and ; 2) one (1) private individual. There shall be one (1) non-voting ex-officio representative from each of the following: The Miami Dade County Health Department and the Fire Rescue Department. The director of the Office of the Children's Affairs shall be added as a non-voting ex-officio member of the board. City Liaison: Cliff Leonard To replace William CEO So. Shore (NTL) 12/31/2010 City Commission Zubkoff To replace Joyce Adm. Adult Congr. Liv. 12/31/2010 City Commission Galbut &&g;$'fi; Name Baruch Dr. Andrew Harold Kathryn Rachel Shaheen Steven Tobi Zalman Last Name Jacobs M.D. Nullman Foster Abbate Schuster Wirk Sonenreich Ash Bacheikov Position/Title -- -. . -- - Health Provider Physician Private Industry CEO MB Community Health ACLF Private Industry CEOIMt. SinailMH (NTL) Nursing Profession Dentist (TL 12/31/2010) Maria Ruiz ex-officio, Director of Children's Affairs Marisel Losa reu. From the Health Council of South Fla Term Ends: Appointed by: 12/31/2011 City Commission 12/31/2010 City Commission 12/31/2011 City Commission 12/31/2012 City Commission 12/31/2012 City Commission 12/31/2011 City Commission 12/31/2010 City Commission 12/31/2011 City Commission 12/31/2010 City Commission Term Limit: Applicants PositionITitle -. - - - - -- - Applicants Position/Title Charlotte Tomic Eli Strohli Jared Plitt Paul Venette -, .- , ^." -. . "XX.L*I..*IY.- .-* ".-,C.*II---. X-tM~-.~*C.I~m&w~.-".*~~~.-~~ PC---- Monrlny, November 22,2010 Page 21 of 47 Board and Committees Current Members Composition: The committee shall consist of a minimum of five (5) and a maximum of eleven (11) members, with one (1) out of every five (5) members, to be a direct appointment by the Mayor, and with the remaining members to be at-large appointments of the City Commission. The members of the committee shall reflect as nearly as possible, the diversity of individuals protected under the City's Human Rights Ordinance. In keeping with this policy, not less than two (2) months prior to making appointments or re-appointments to the committee, the City Manager shall solicit nominations from as many public service groups and other sources, which he/she deems appropriate, as possible. At least one (1) of the committee members shall possess, in addition to the general qualifications set forth herein for members, a license to practice law in the State of Florida; be an active member of and in good standing with the Florida Bar, and have experience in civil rights law. The attorney member shall also serve as chair of the committee. City Liaison: Lawyer 12/31/2011 City Commission 12/31/2011 City Commission 12/31/2012 City Commission 12/31/2012 City Commission 12/31/2011 Mayor Matti Herrera Bower ~e&b~$~:~.~ Name Last Name PositionITitle Term Ends: Appointed by: Ternz Limit: - - - .-- -- . New Member 12/31/2011 City Commission . . . __, _ %. _ -. I .* .-^ _ ."- --"".--XYt- .~-)l-.l..lll*l.*-.L.~----"~~~-~-~*.w.*. L.*-*i Monrlny, November 22, 2010 Page 30 of 47 Board and Committees Current Members Composition: The Advisory Council shall be appointed by the Board of Directors (City Commission) and composed of three members of the Executive Committee of the Normandy Shores Homeowner Association. On behalf of the Board of Directors, the City Clerk shall solicit from the Executive Committee the eligibity list of its members for appointment consideration. The Advisory Council shall be composed of the three members of the Executive Committee of the Normandy Shores Homeowners Association as per Resolution No. 97-22449 adopted July 2, 1997. City Liaison: 8.X y..ggg$q # ,.r *i r HI To rewlace Erik 12/31/2010 City Commission Name Last Name Position/Title Term Ends: Appointed by: -. - .-. Term Limit: - Geoff Green 12/31/2010 City Commission 12/31/15 Ronald Loring 12/31/2010 City Commission 12/31/14 Applicants - - Position/Title . . - - - -- - - . -. - - -- - Applicants PositionITitle Miguel Antonio Aviles Sofia Emuriel . *,". / I " _"...- -,* ..*-w"w,-A il ^.+,...I* Yh.U -X ----wd-m~~~sm%-~~---*~~a-~.x-. Montlny, ~oveiber 22,2010 Page 33 of 4 7 R9 - New Business and Commission Requests R9B1 Dr. Stanley Sutnick Citizen's Forum. (1 2:30 p.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.) AGENDA ITEM: R9BI -2 DATE: (2-8-10 THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Jonah Wolfson, Commissioner DATE: November 4th, 201 0 SUBJECT: Agenda ltem Please place on the November 17'~, 2010, Commission meeting agenda a discussion item regarding Resolution 2010-27314 (attached) in which the City of Miami Beach Commission voted against supporting the Miami Dolphins' initiative to get public funding for their stadium. The purpose of this referral is to ensure the Commission's Resolution referred to above is maintained in full force and effect. If you have any questions, please contact Leonor Hernandez at extension 6437 We ore cornmilled lo providing excellenl public service and sofek lo all who live, work, ond ploy in 04 1 Agenda ltem R C 1 i Date l&-d-l0 I RESOLUTION NO. 201 0-27314 A RESOLUTION OF THE MAYOR AND ClTY , . COMMISSION OF THE CITY OF MIAMI BEACH, '.a, .:. FLORIDA, OPPOSING THE EXPENDITURE OF ' . ANY PUBLIC FUNDS FOR RENOVATIONS TO . DOLPHIN STADIUM. I I I WHEREAS, the Mayor and City Commission of the ~ity'of Miami Beach wish to state their 'opposition to the expenditure of any public funds for any renovations to Dolphin Stadium, including, but not limited to, the construction of an enclosed football . , : stadium; and' 1 WHEREAS, any renovations to Dolphin Stadium should be funded solely.from I private sources. . . . ! , NOW, THEREFORE, BE IT.DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that the use of any public . . fuming for renovations to Dolphin Stadium.is hereby opposed, and that any renovations . i to Dolphin Stadium should be funded solely from private sources. I . . . . I PASSED and ADOPTED this 13 day of , Tankary ,2010. ' L 'ju d'L4 . CITY CLEFUL ' . APPROVED ASTO . . . F:\ano\TURN\RESOS\Resolution opposing public funding for renovations Bt Dolphin ~tadiom.docjt , I MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the FROM: Jorge M. Gonzalez, City Manager %75 DATE: December 8,2010 Oc,' SUBJECT: A DISCUSSION OF A PROPOSED LAND EXCHANGE AND DEVELOPMENT AGREEMENT AMONG MIAMI-DADE COUNTY, THE CITY OF MIAMI BEACH AND SOUTH BEACH HEIGHTS II, INVOLVING THE PROPERTIES AT 615 COLLINS AVENUE (P.E.T. CENTER), 710-720 ALTON ROAD (MIAMI BEACH COMMUNITY HEALTH CENTER), AND 725-745 ALTON ROAD (VACANT PRIVATE LAND). BACKGROUND Miami-Dade County owns the real property at 645 Collins Avenue which is currently leased to the county Health ~e~adment (P.E.T. Center Property). The Property was formerly owned by the City and conveyed to the County in 1963 by Warranty Deed, dated January 14, 1963. The Deed required the County to construct, and thereafter maintain and operate, a medical facility on the Property. The City also reserved a reversionary interest in the P.E.T. Center Property, so that in the event that the County ceased at any time to use the Property for any other purpose other than a medical clinic, all right, title, and interest would immediately revert to the City. The Deed also contains a requirement that the Property cannot be sold, leased, or otherwise disposed of without the County first obtaining the City's prior authorization. The County also owns the real property at 710 Alton Road (West Alton Property), which it currently leases to the Miami Beach Community Health Center (formerly the Stanley C. Myers Clinic). South Beach Heights II (Developer), has been in discussion with the County and the City to enter into a three-party (Developer, County, and City) Land Exchange and Development Agreement; the proposed key terms of which are hereafter discussed. The proposed agreement, drafted by Developer, is being reviewed by the City Administration and the City Attorney's Office. The proposed land swap, in conjunction with its assembly of the land currently owned by the developer on the West side of Alton Road would be for a proposed development of an approximately 400,000 square foot retail/commercial project with a parking facility of approximately 1,500 parking spaces. This proposed development would be situated in the area bounded by 6'h Street on the south, 7fh Street on the north, West Avenue on the west and Alton Road on the east. On July 29, 2010, the Finance and Citywide Projects Committee generally discussed the proposed Agreement, in conjunction with a broader discussion of Developer's proposed retail commercial Project. The Committee recommended that the item be forwarded to the City Commission for further discussion. ' Agenda Item R9 D Date 12-8-10 Commission Memorandum December 8,2010 South Beach Heights Land Exchange Page 2 ANALYSIS The City Commission is being asked to contemplate a land exchange that would, among other things, consolidate a commercial tract allowing for a substantial re-development. While conceptually a swap as proposed could result in an enhanced facility for the Health Center and facilitate the redevelopment of the hospital site on the West side of Alton Road, the Administration believes the land exchange should occur as the last component of the planning phase of this development. The City Commission should have a detailed explanation on the traffic impact a 400,000 square foot commercial development will have on the City. The City Commission should also have a clear understanding on the scale and massing of the proposed development before a final determination is made on the proposed land swap that will help enable this large commercial project at one of the main entrances to Miami Beach. The Miami Beach Community Health Center (MBCHC) and the Flamingo Park Neighborhood Association (FPNA) are key stakeholders in this issue. The City has not had direct discussions with these two key groups. The Board of Directors of MBCHC recently passed a resolution addressing their relocation to a facility on the East side of Alton Road. In the resolution (see attached), MBCHC expressed that the move would only be beneficial if the new facility was 25,000 square feet and valued at equal to or greater than $8 million. The Board expressed that the current facility has been sufficiently upgraded to meet the community's needs and that it is not in the best interest of the residential neighborhood to locate the facility in close proximity to their homes on the East side of Alton Road. The resolution also expressed a desire to own any new facility. The Administration also has concerns about locating a health clinic on the East side of Alton Road. As the Commission is well aware, several concerns have been raised about the intensity of development along this side of the street adjacent to the Flamingo Park Historic District. The intensity and impact of a health clinic and the proposed commercial development on the consolidated site has not been discussed fully with the community, and the Commission should have the benefit of that dialogue prior to any final decision on the proposed land swap. Theoretically, the County and Developer can accomplish the proposed land exchange and development of the New Health Center without the City being a party to Developer's proposed Agreement. The P.E.T. Center Property would revert to City ownership upon the cessation of use by the County Health Department at that site (and its relocation to the new East Alton facility). In this case, the Mayor and City Commission have several options, which include: Sell the P.E.T. Center Property to the Developer as the City's contribution to the New Health Center project; or Put the Property on the market for sale, and determine whether or not to make a financial contribution to the New Health Center project; or * Retain the property under City ownership and evaluate other possible uses. Additional considerations/discussion items for the City Commission regarding the transaction proposed by the Developer include: Commission Memorandum December 8,2010 South Beach Heights Land Exchange Page 3 County agreement to a long-term (50-99 years) lease between the MBCHC and the County for the New Health Center, or ownership by MBCHC of the facility. If MBCHC no longer occupies the New Health Center, reversion of the leasehold to the City in order to secure a new health services provider for the location; and MBCHC is currently the only tenant in the building which they occupy; under this proposal the MBCHC would be one of two tenants in the New Health Center; Neighborhood impacts: o The relocation of the services currently provided by the County Health Department at the P.E.T. Center Property, and the relocation of MBCHC to the East Alton Property; both adjacent to the Flamingo Park residential neighborhood; and o Assemblage of land for Developer's proposed retail/commercial development on the west side of Alton Road. The land swap will require for the property on 6th & Collins a 417~ approval of the City's Planning Board and a 617~ approval of the City Commission. ISSUESIDISCUSSION: The Administration is seeking direction on the following issues: Should the Administration continue discussions with the developer on the potential land swap. If so, should those discussions be predicted upon a traffic analysis that evaluates the impact of the proposed development. Should a massing and scale concept plan be prepared in conjunction with the consideration of the land swap. Should the Administration begin discussion directly with the MBCHC and the FPNA in order to evaluate any concerns these groups may have with the proposed land swap and or potential commercial development, and determine their intent in participating in this project. KEY TERMS OF THE PROPOSED AGREEMENTS SUBMITTED BY DEVELOPER Note: The following terms are as submitted by Developer and do NOT yet incorporate comments and/or revisions by the City and/or Miami-Dade County. Developer's Obligations Developer shall acquire fee simple title to the P.E.T. Center Property (615 Collins Avenue) from the County. (Note: County currently leases P.E.T. Center Property to County Health Department) * Developer will acquire fee simple title to the West Alton Property (710-720 Alton Road) from the County. (Note: County currently leases West Alton Property to MBCHC) Developer shall convey fee simple title to the real property at 725-745 Alton Road (East Alton Property) to the County. (Note: East Alton Property is currently vacant land) Developer shall design and construct, at its sole cost and expense, a new state of the art health facility on the East Alton Property. The new facility (the New Health Center) will be owned by the County. A portion would be leased by the County to the Miami Beach Community Health Center to house its new facility (relocating MBCHC from its current site on the West Alton Property), and a Commission Memorandum December 8,2010 South Beach Heights Land Exchange Page 4 portion would be leased by the County to the County Health Department (relocating it from its current site on the P.E.T. Center Property). Based upon a preliminary design for the New Health Center in accordance with a site plan and specifications that will be reviewed and approved by the City and the County, Developer is obligated to take all steps necessary to seek any and all land use approvals as may be required to construct the New Health Center on the East Alton Property (including zoning, site plan, environmental, and other permits and approvals as the City may require). Developer shall select the architect, general contractor, and any and all other consultants/contractors, as it deems necessary, but will consult with the County regarding the design and construction of the New Health Center. Developer shall have the right to take all steps necessary to seek any land use approvals, as may be required or desired by it, in connection with its development and intended use of the P.E.T. Center Property and the West Alton Property, and County and City will cooperate with Developer with respect to Developer's efforts to obtain such approvals. Countv's Obliaations The County shall convey fee simple title to the P.E.T. Center Property to Developer. (Note: As required by the Warranty Deed for the P.E.T. Center, the County's conveyance of the Property to Developer is subject to the City's prior authorization) In connection with the conveyance of title to the P.E.T. Center Property to Developer, the County shall terminate the current lease with the County Health Department on or before the Closing Date (Note: The proposed Agreement defines the "Closing Date" as occurring after the issuance of a partial certificate of occupancy or certificate of occupancy for the New Health Center) The County shall convey fee simple title to the West Alton Property to Developer and, in connection therewith, shall also terminate the current lease with the MBCHC on or before the Closing Date. The County shall lease a portion of the New Health Center to MBCHC. The remaining portion will be leased by the County to the County Health Department. The County will accept a dedication, via special warranty deed, of the East Alton Property from Developer. (Note: Provided the City approves the conveyance of the P.E.T. Center Property to Developer, the new deed from Developer to the County for the East Alton Property must contain the same reversionary interest and right of approval [prior to subsequent sale, lease andlor disposal], that the City reserved in the original Warranty Deed for the P.E.T. Center Property.) The County shall contribute $450,000 from its General Obligation Bond funds (which was previously earmarked for improvements to the existing building leased to MBCHC on the West Alton Property) toward developmentlconstruction of the New Health Center. Citv's Obligations City shall approve the County's conveyance of the P.E.T. Center Property to the Developer. In conjunction with the above referenced conveyance, the City also agrees to release its reversionary interest in the P.E.T. Center Property, subject to the Developer and County's agreement to include a reversionary interest in the deed to the East Alton Property with the same language. Commission Memorandum December 8,2010 South Beach Heights Land Exchange Page 5 Note: Pursuant to a question raised by the Finance Committee at its July 29, 2010 meeting, the City Attorney's Office has reviewed the language in the existing Warranty Deed for the P.E.T. Center, which requires City's approval of the conveyance of the P.E.T. Center, and further provides for a reverter in title to the City in the event that the Property ceases to be used as a medical facility, and recommends that the City Commission should approve the proposed conveyance (and corresponding transfer of the City's reverter) in accordance with the established procedures in the City Charter and City Code, governing disposition of City property. Since the current Warranty Deed for the P.E.T. Center requires City approval of any sale, lease or other conveyance of the Property, and since the reverter language effectively, gives the City an interest in the Property (such that the approval of the conveyance of the P.E.T. Center Property inextricably links the approval of the conveyance to the release of a City interest in property), the following CharterICity Code requirements would apply: o City Charter Requirements: 417" approval of the City's Planning Board, and 617" approval of the City Commission; o City Code Requirements: Finance and Citywide Projects Committee review Resolution approving the conveyance read on two (2) separate dates, with the second reading to be accompanied by a public hearing; Planning Department analysis; Public bidding and appraisal requirements (may be waived by 517'~ vote). PROPERTY CHARACTERISTICS Below is information regarding the characteristics of each property, including each parcel's assessed value as determined by the Miami-Dade County Property Appraiser's Office, as well as the appraised fair market value as of April 17, 2009 as determined by Delahanty & Associates. Lot Building 2009 Property April 2009 Delahanty Property Size Size Appraiser Tax Delahanty Estimate Assessed Value Appraisal Per SqFt 61 5 Collins Avenue 14,000 4,537 $5,568,138 $5,354,936 $364.29 West Alton Property 25,500 24,497 $4,333,101 $7,100,000 $278.43 East Alton Property 22,500 nla $3,379,848 $6,255,000 $278.00 RECOMMENDATION The Administration recommends that the parties continue to discuss the transaction, and that the Administration also discuss the proposal with the MBCHC and the Flamingo Park Neighborhood Association. JMGIJGGlkc T:MGENDA\201O\December 8\Regular\Discuss Crescent Heights Land Exchange Revised 11-29-10.docx 14 qi &is~aynegouieuarg sulk 202 MO*@@&~, .F,L 33381 505,"53EL$i%5 *5$$5<$~" sax MAfar+i%qeachn ealthxogg RQ6eD-*qRJ<FRs bne Q. ~~as$;4fhalr MelwM:R, 13~u&@h, D.C, %e.~h@r EstRgr C&hRQ; %CP@W h5ac?pyn R, Sfsl~ael, Vt?arurer BOfiEIE~F DIREINTORS efwa 4@?g*c+ &&~d QrkBem ~bp3s Di$@d; RN, B5, IS Ed ~lJJ@m.~llas STANkEY C. MYERS H6ALrT.H CENTER 7~u awn RM~ MlaKlj Bm~h, FL 331 3-9 MORTH MlAf~?l WEALTM,GENT.ER 1"1as BiqG@Yrie ~lvd, suite m3-104 Nof'th WlJsmf, EL 331 81 RESOlVE!3 by the Board .of lW.3$xX~ af R~arni B~ch @m@u~ip Health Center., X~C,~ a Wqrida nqt-fgr- Prciflt (iorpqration a? fdloiys: WHEREAS, at a meetkg ofXr3-e Bodd ;G'fCrirec%ors @the Miaml Beach Cbrnmuni@:Hlieakh &hfe< It has heen nohdQh&we kave@uiewed and looked at the gpgm Tor Wr;.ip&tivedsahmi~(3n r~f bbuiidlng @lams that ftuzis1Jl Gamqt has @qpm ta4tre CCitydt Mlami Beah aod MizrrnPDadeCpu~ty on 3qoe 16, i"~f39~ and it hqs been determine& 1. The MiarniBeach Curfirnunity He,aY% Center mgst be .&lQYt~ &Ifill its mission in a 25rCif30 'S&. &W-dfit.he-art'W1I~wR.hd~ any igterruptiun afsfaf"v1~es k a hulMQ* &equal ar great& vaioe than the.c$8~mi?!$ori allq~a&$ the @iPFi B~ch kgmrnunity Health Cprite~ by theQ@& bnrl. 2. The E@ahl 'of.fBi&&@@ gtf the @fiim,i 0wh-mmunity Ht3@Rh z;e&r, &nm:Mhtm& 27~-20&,a&@wlUg~s they'Jllaw iwRstd $6DQdbPOs~t-W5~ &~a?~,8%%!3 df %he D,t:tif.MI R%p~.ai;tme~t and $2@0~~O~%hitt:-~a5~d!ht& ;by atk.Cify &'Miami hch, $%B,Y)2).P i~*qhep~en~~atj~~sd tdQ Wilton>@ad fadi& $~1x@6,2@pa@af$d i%@eiql t$q~u)as retwyqtie~q, and$+rn4BbQ iflcurttid in* prlir'$~g fqI $R &@Rr)n, f here qr~sqverql ~\artlxarks -atlmt&i t9 the Spe~m~pT$i&~~pQ, $$Q,OgOt atltl $WJIOD. g$t~m "t0Wl~fl~~@,~2Q ;in giil@.tion tg Fetter& state, and lo~d~~a~i~trfe ~=;R&EV& ymt!l$', 3. In amordance w%fi+'f.hmeWe~k%ase~w%h MiaxRi-D~de @un& an allacg€bn * -.. - d3WSiE. wuld. need $0 kxmmeamElahle fw the ~epartment:qf-He~ip .m$bem+@nlaq that the PR Center may clase, 4. In additix4.n tp %e @ @fI11mJ s~eMI .h~p&Yhfa,nd dgtia~ of thePremai~ng,maji~w fmm-'El@I&rthgIhas bqn~aftlizd by 'the GOUQ %o u$ma t&e zqaxo SF, d U~Q.J&~~SWR i'n md~r*t0 .camp& ~lit4" &e-4b~ye'armce@&~tjbn. 5, The $cq@ <af p&e.r&ws sf"tbe %@mi 'tbg-~h-@m19rr3& Hwttth ' enter yquld Wlte ip &mim&e er regq~e crnst~e~l$y %hk:pa~kg, fees v$Mch n@wQ$q1 $?j~~~dfl~~y~wbifh bWft.o the rent tWt the Miami rj& ~mrnut%& tde&k@nter wjs pre,Uiu,usi$ paying la RussB1l .GaJht Sfice &306, thesk feels ha9@ c&Ble,rf $420,00D. NOW, THEREFORE, the &mrd here& ve;s~tves as%itaws: 1. The Wrd ~f ,fRWr6 of The MlfqtpI LhachQ~rrtrnpniljy ReaRh Center would kk~tmmea bcaisd RDW $ate-df~the+art health center that would enempas &00P $,F, d useaHezpa~e that would be above sr equal &a $he;@ million &~Iracated to >the Miami Beta~h Cpmrnunlty Wealqh ~erker via the GQB-band Eh-at~was executed, 2, The Board 'b&sves thdt the arqpepe$y Jomtd tit $.i:&72b A'1tm-1 Road has been upgraded edfi&ntig.to meet tk-amrnunity's needs, 3. The fbard of DIreGturs ofWe Miami Reach G~mmumiQ Heaith Center also%feefs that it is not in the best interest d the midentiat eommuniiy ta be sewed by creating a community health center in close prmimi$ to their homes. 4. The Board of I$rectors of tbe Miami Beach Community Health Center wouM Like theawnersNp af the building to be addressed sipt~e the Miami Beach Communl%y Health Gents is fully responsiblefar all upkeep anda&jMenanfe 6f the property. It is aiso kltAthat-$~om. a Finsn~ial standpoint, the buitding should be D,w~s?~ by ehe Miami Rash Gommunlty Health Center in ~~der to faciliBte a fTnangial benefit to move farward in the expansion of seniices ta :tk;cammunitIes- they we. 5. The Bba~d af Directors, aewkibe-s~afti and patients of the Miami Beach,Cornmtini W&iltf;l Cent& wodii Hk@t~, move forward-and do what is bestf&r: the 'health rieeds of the ~ommu"nity we serve, atyd BCS~ tp :pn&fe tbe M'iami Beach Community Healit3 Center to -appr.opriateIy expand and continue its missian, Passed and a~opted by-vote of the Bzaatd bf Dir&ars of -Miami Beach Community Heal# Center, :,. (plqH;Cl).at the Board Meling at which quorum wa5 p~esent on tbe 13 th day of Moveinber 2QkQ. TIE arqoing ~so1u~on7nms ~FGR~ by W#&E ~-#&d maRm vvas seconded by amz;ldup~n bdng put to<a vote the vow THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Ed Tobin, Commissioner A DATE: November 24th1 201 0 SUBJECT: Discussion Regarding Crime On Venetian Island And Throughout The City Please place on the December 8th Commission Agenda a discussion on Crime on Venetian Island and throughout the City. The discussion should be preceded by staff providing a comprehensive detailed report on the City's crime statistics for the past nine months, including what the City is doing to prevent and address crime throughout the City. Should you have any questions, please contact my aide, Yanette Bravo at ext. 6274. 1 We are cornmifled to providing excellent pubbc servrce and sofew to 011 who Irve, wok, and m oq Agenda Item 1 R9 E Date /2-8-10 281 I ADDITIONAL INFORMATION TO BE SUBMITTED IN THE SUPPLEMENTAL MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Ed Tobin, Commissioner A DATE: November 30,201 0 SUBJECT: Discussion Regarding Extension of Bonus Incentive Timeline for the New World Symphony Soundscape Park. Please place on the December 8 Commission Agenda a discussion regarding an extension of the bonus incentive date for the New World Symphony Soundscape Park. Should you have any questions, please contact my aide, Yanette Bravo at ext. 6274. ETIyb We are commrfted to prov~drng excellent publ~c servrce ond sofefy to 011 who bve, work, ond ploy ~n Agenda Item /?? F I Date 12-8 -10 THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Ed Tobin, Commissioner DATE: December 1,201 0 SUBJECT: Discussion Regarding Noise Ordinance and Allowable Noise Levels in Interior Restaurant Spaces Please place on the December 8th Commission Agenda a discussion regarding the Noise Ordinance in relation to allowable noise levels in interior restaurant spaces. Should you have any questions, please contact my aide, Yanette Bravo at ext. 6274. ETIyb 1 Agenda Item Rq 6 We ore commrtted to prov~d~ng excellent publrc servrce and safefy to all who bve, work, and play m d Date 12-8-18 THIS PAGE INTENTIONALLY LEFT BLANK Reports and Informational Items (see LTC #320-2010) THIS PAGE INTENTIONALLY LEFT BLANK