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City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
February 9, 2011
Mayor Matti Herrera Bower
Vice-Mayor Michael Góngora
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.
Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City Commission
may move any agenda item to the alternate meeting date which will only be held if needed. In addition, the
Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all
agenda items.
Call to Order - 9:00 a.m.
Inspirational Message, Pledge of Allegiance
Requests for Additions, Withdrawals, and Deferrals
The City Commission will recess for lunch at approximately 1:00 p.m.
Presentations and Awards Regular Agenda
PA Presentations and Awards R2 Competitive Bid Reports
R5 Ordinances
Consent Agenda R7 Resolutions
C2 Competitive Bid Reports R9 New Business and Commission
C4 Commission Committee Assignments R10 City Attorney Reports
C6 Commission Committee Reports
C7 Resolutions Reports and Informational Items
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires
the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with
the City Commission, any City Board or Committee, or any personnel as defined in the subject
Code sections. Copies of the City Code sections on lobbyists laws are available in the City
Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the
Office of the City Attorney.
Consent Agenda, February 9, 2011
ii
Presentations and Awards
PA1 Certificates Of Appreciation To Be Presented To Several MBPD’s Officers, Officer Of The Year And
Civilian Of The Year.
(Requested by Commissioner Jorge Exposito)
PA2 Certificates Of Appreciation To Be Presented To Dr. Ross Brechner And Michael Haerting For
“Donate Eyeglasses To Haiti” Drive.
(Requested by Commissioner Jorge Exposito)
PA3 Brief Presentation And Recognition Of The Successful Miami Beach Spay/Neuter Campaign By Cat
Network Volunteers.
(Requested by Mayor Matti Herrera Bower)
PA4 Certificate of Recognition To Be Presented to Condesa Gym
(Requested by Commissioner Jonah Wolfson)
PA5 Certificate Of Recognition To Be Presented To Beatriz Tassara, Participant In UNIDAD’s Senior
Placement Program.
(Requested by Commissioner Jonah Wolfson)
PA6 Certificate Of Recognition To Be Presented To Easter Seals South Florida, Inc., Employer/Participant
In UNIDAD’s Senior Placement Program.
(Requested by Commissioner Jonah Wolfson)
PA7 Certificates Of Appreciation To Be Presented To Miguell De Campillo from the Miami Beach Housing
Authority.
(Requested by Vice-Mayor Michael Góngora)
PA8 Certificate Of Recognition To Be Presented To Isabel Castano De Lugo In Celebration Of Her
105th Birthday.
(Requested by Vice-Mayor Michael Góngora)
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
Consent Agenda, February 9, 2011
iii
C2 - Competitive Bid Reports
C2A Request For Approval To Issue A Request For Proposals (RFP) For Investigative And Adjusting
Services For Selected Tort Liability Claims And Workers’ Compensation Claims.
(Human Resources/Risk Management)
C2B Request For Approval To Issue A Request For Proposals (RFP) For Auctioneer Services Of City
Surplus Items, On An "As Needed" Basis.
(Procurement)
C4 - Commission Committee Assignments
C4A Referral To The Finance And Citywide Projects Committee A Discussion Regarding Whether Or Not
To Exercise Renewal Options In The Management Agreement With Global Spectrum For The
Management Of The Miami Beach Convention Center, Colony Theater And Byron Carlyle Theater.
(Tourism & Cultural Development)
C4B Referral To The Finance And Citywide Projects Committee - Discussion Regarding Granting The
Miami Beach Garden Conservancy The Right To Receive Naming Gifts As Part Of The Garden
Renovation.
(Requested by Commissioner Jerry Libbin)
C4C Referral To The Land Use And Development Committee To Discuss Parking Requirements And How
We Can Incentivize For Good Hotel Development.
(Requested by Commissioner Jonah Wolfson)
C4D Referral To The Land Use And Development Committee Discussion Regarding Stay Of Proceedings
Of City Code Section 118-136 And Section 118-137, Resulting From Appeals Of Administrative
Decisions To The Board Of Adjustment.
(Requested by Commissioners Edward L. Tobin, Jerry Libbin & Vice-Mayor Michael Góngora)
C4E Referral To The Neighborhoods/Community Affairs Committee – Discussion Regarding The Impact
Of Bicycles – Including The Deco Bike Program And The Bike Master Plan – And Other Vehicles,
Such As Segways And Skateboards, On Pedestrian Paths.
(Requested by Mayor Matti Herrera Bower)
C4F Referral To The Land Use And Development Committee – Discussion Regarding The Present Plans
To Build A Convention Center And Casino In Miami-Dade County.
(Requested by Commissioner Edward L. Tobin)
Consent Agenda, February 9, 2011
iv
C4 - Commission Committee Assignments
C4G Referral To The Land Use And Development Committee – Discussion Regarding Schools And
Daycare Centers Within Existing Nonconforming Commercial Buildings In Single Family Zoning
Districts, As A Conditional Use.
(Requested by Commissioner Jerry Libbin)
C4H Referral To The Sustainability Committee - Discussion Regarding Banning The Use Of Chemical
Pesticides In City Parks.
(Requested by Vice-Mayor Michael Góngora)
C4I Referral To The Neighborhoods/Community Affairs Committee – Discussion Regarding Methods Of
Discouraging The Sale Of Smokeless Candy Flavored Tobacco Products In the City, As
Recommended By The Quality Of Education Committee.
(Requested by Mayor Matti Herrera Bower)
C6 - Commission Committee Reports
C6A Report Of The Capital Improvement Projects Oversight Committee Meeting Of December 6, 2010: 1)
Attendance. 2) Review And Acceptance Of Minutes. 3) 2011 Committee Meeting Dates. 4) Public
Comments. 5) Commission Items From November 17, 2010 And Commission Items From December
8, 2010. 6) Requested Reports. 7) Old Business: A) Normandy Shores, B) Venetian Islands, C)
Sunset Islands I & II, D) Sunset Islands III & IV, E) Royal Palm Avenue And 44th Street Flooding
Mitigation, F) Palm & Hibiscus, G) Flamingo/West Avenue Neighborhood ROW. 8) Adjournment.
C6B Report Of The Neighborhoods/Community Affairs Committee Meeting On January 11, 2011: 1)
Discussion Regarding The Issue Of A Parking Problem By The Hebrew Academy. 2) Discussion
Regarding Excessive Use Of Sign Advertising "Cheap Meals" And The Like At Restaurants On
Lincoln Road And Ocean Drive. (Referral Broadened To Include Looking Into Deceptive Practices).
3) Discussion Regarding Requiring Miami Beach Restaurants To Post Scores Given By The Health
Department. 4) Discussion Regarding The Relationship Between Organizations Applying For A
Special Event Permit And Any Charitable Donations They Claim Will Be Generated By The Event,
Including Tracking Actual Funds Donated. 5) Discussion Regarding Various Issues Related To
Flagler Memorial (Monument) Island, Its Current And Future Operations And Management Options.
6) Discussion Regarding A Proposal To Honor The Extensive Community Legacy Of Stanley Levine
With A Memorial Bench On Lincoln Road. 7) Follow-Up Discussion And Request For Further
Direction Concerning The Dogs Off-Leash Six Month Trial Program Approved By The City
Commission In South Pointe Park That Began On June 1, 2010 And Concluded On November 30,
2010.
Consent Agenda, February 9, 2011
v
C6 - Commission Committee Reports (Continued)
C6C Report Of The Land Use And Development Committee On January 31, 2011: 1) Temporary Removal
Of Parking Spaces. 2) Discussion Regarding Temporary Storefront Signs. 3) Discussion On The
Issuance Of A Request For Proposal (RFP) To Develop A City-Wide Transportation Plan. 4)
Proposed Alton Road Historic District Buffer Overlay. 5) Proposed Parking District #5 For The Alton
Road Corridor. 6) Discussion On Proposed Amendments To Land Development Regulations
Amending Minimum Unit Size And Parking Requirements For Affordable Housing Projects. 7) An
Ordinance 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 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. 8) Discussion Concerning A Location For
A Skate Park In Miami Beach Including The Funding Sources Available. 9) Discussion Regarding A
Request By Members Of The La Gorce Neighborhood To Return Sections Of Pine Tree And La
Gorce Drives To Two-Way Lanes.
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit Grant
Applications To: 1) The Children’s Trust For Following Programs: Parenting Education And Family
Strengthening; Early Childhood Development; Out-Of-School; And, Youth Development, In A Total
Amount Not To Exceed $770,000; 2) Retroactively To The US Department Of Transportation For The
Transportation, Community, And System Preservation Program In The Amount Of $3,000,000 For
The Middle Beach Recreational Corridor; 3) Florida Department Of Transportation For The Safe
Routes To School Program In An Amount Not To Exceed $300,000; And, 4) Miami-Dade
Metropolitan Planning Organization For The Municipal Grant Program For A Planning Study Of The
Middle & North Beach Local Transit Circulator Improvements In An Amount Not To Exceed $40,000;
Appropriating The Above Grants, As Necessary If Approved And Accepted By The City, And
Authorizing The Execution Of All Documents Related To These Applications.
(Budget & Performance Improvement)
C7B A Resolution Approving And Officially Adopting The Master Plan For The North Shore Bandshell Park
Project (Project), Following Finance And Citywide Committee Approval.
(Capital Improvement Projects)
C7C A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 14
To The Agreement Between The City And Wolfberg Alvarez & Partners, Inc., Dated September 25,
2002, For Professional Architectural And Engineering (A/E) Services For The Right Of Way
Infrastructure Improvements Program Neighborhood 12- South Pointe RDA Phase II (Project), In The
Negotiated Amount Of $82,134.21, For Additional Construction Administration And Resident Project
Representative (RPR) Services, And $4,500 For Reimbursable Expenses For A Total Not – To –
Exceed Amount Of $86,634.21, For The Project; With Funding Available From Previously
Appropriated South Pointe Capital Fund 389 In The Amount Of $86,634.21.
(Capital Improvement Projects)
Consent Agenda, February 9, 2011
vi
C7 - Resolutions (Continued)
C7D A Resolution Electing Commissioner Jonah Wolfson, Group IV, As Vice-Mayor For A Term
Commencing On March 1, 2011, And Terminating On June 30, 2011, Or On Such Date When A New
Vice-Mayor Is Thereafter Elected.
(City Clerk’s Office)
C7E A Resolution Adopting And Appropriating The First Amendment To The Police Confiscation Trust
Fund Budget For Fiscal Year 2010/2011 In The Amount Of $70,000.00 To Be Funded From State
Confiscated Funds ($25,000.00) And Federal Confiscated Funds ($45,000.00).
(Police Department)
C7F A Resolution, Appropriating Funds In The Amount Of $81,921, For Consulting Services For The
Sunset Harbour Storm Water System, With Funding From Fund 429, Stormwater Projects Line Of
Credit; With Such Funds To Be Repaid From Proposed Future Stormwater Bond For The Sunset
Harbour Pump Station Upgrades Project.
(Public Works)
C7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Locally Funded
Agreement With The Florida Department Of Transportation (FDOT) For The Construction Of
Stamped Asphalt Crosswalks On Harding Avenue, From 74 Street To 69 Street, As Part Of The
FDOT Harding Avenue Roadway Improvement Project (Under Financial Project Number 419860-1);
Further Approving And Authorizing The City Manager To Execute A Maintenance Memorandum Of
Agreement And A Financial Memorandum Of Agreement With FDOT For The Crosswalks.
(Public Works)
C7H A Resolution Approving A Second Amendment To The Fiscal Year 2009/10 Home Program
Agreement Between The City Of Miami Beach And The Miami Beach Community Development
Corporation To Reallocate $223,786 From The Meridian Place Apartments Housing Project, Located
At 530 Meridian Avenue, And $200,000 From The Barclay Apartments Project, Located At 1940 Park
Avenue, For A Total Of $423,786, To The Allen House Apartments Project, Located At 2001
Washington Avenue, Subject To The Completion Of An Underwriting Review.
(Real Estate, Housing & Community Development)
(Deferred from January 19, 2011)
C7I A Resolution Approving The Extension Of Hours For Certain Alcoholic Beverage Establishments With
A 5:00 A.M. Liquor License And Under Certain Specified Conditions Pursuant To Section 6 Of The
City Code For Winter Party (March 5 & 6, 2011) And White Party (November 26 & 27, 2011)
Weekends.
(Tourism & Cultural Development)
C7J A Resolution Appointing Commissioner Ed Tobin To Participate As A Voting Member Of The
Metropolitan Planning Organization For Miami-Dade County, Florida And To Represent The City Of
Miami Beach And Serve In This Appointed Capacity.
(Requested by Mayor Matti Herrera Bower/City Attorney’s Office)
Consent Agenda, February 9, 2011
vii
End of Consent Agenda