20110413 Regular TitlesCity Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
April 13, 2011
Mayor Matti Herrera Bower
Vice-Mayor Jonah Wolfson
Commissioner Jorge Exposito
Commissioner Michael Góngora
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Robert E. Parcher
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
REGULAR AGENDA
R2 - Competitive Bid Reports
R2A Request For Approval To Purchase Budgeted Replacement Vehicles And Equipment Pursuant To
Florida State Contract No. 10-18-0907, 10-09-0907, 760-000-10-1 And GSA Contract GS-30F-
1028G In The Amount Of $2,563,152.47. (Page)
(Fleet Management)
R5 - Ordinances
R5A An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, Entitled
“Administration,” By Amending Article III, Entitled “Agencies, Boards And Committees,” By Amending
Division 2, Entitled “Disability Access Committee,” By Amending Sec. 2-31(d) To Increase The
Number Of Members From Seven (7) To Fourteen (14) And Amending The Quorum Requirement;
Providing For Codification, Repealer, Severability, And An Effective Date. 10:16 a.m. Second
Reading Public Hearing (Page)
(Requested by Commissioner Edward L. Tobin)
(Legislative Tracking: City Clerk’s Office)
(Continued from March 9, 2011/Referred to Neighborhood/Community Affairs Committee)
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, April 13, 2011
R5 - Ordinances (Continued)
R5B An Ordinance Amending Article III, Division 28 Of The City Code, Entitled “Capital Improvement
Projects Oversight Committee;” Amending Section 2-190.127, Entitled “Establishment; Purpose;
Membership,” By Adding A Non-Voting Ex-Officio Member Who Is Either A Member Of The Disabled
Community Or Has Special Knowledge Of Americans With Disabilities Act (ADA) Issues; And
Providing For Codification; Repealer; Severability; And An Effective Date. 10:17 a.m. Second
Reading Public Hearing (Page)
(Requested by Mayor Matti Herrera Bower)
(Legislative Tracking: City Attorney’s Office)
(Continued from March 9, 2011/Referred to Finance & Citywide Projects Committee)
R5C An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2,
“Administration,” Article II, “City Commission,” By Enacting A New Section 2-12, “Meeting Agendas,”
Requiring Proposed Ordinances And Charter Amendments That Appear On A City Commission Or
Commission Committee Agenda To Have A Commissioner Sponsor Identified; Providing For
Repealer; Codification; Severability; And An Effective Date. 10:20 a.m. Second Reading Public
Hearing (Page)
(Requested by Vice-Mayor Jonah Wolfson)
(Legislative Tracking: City Attorney’s Office)
(Continued from March 9, 2011/Referred to Land Use & Development Committee)
R5D An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, “Traffic
And Vehicles,” Article II, “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.
10:30 a.m. Second Reading Public Hearing (Page)
(Requested by Mayor Matti Herrera Bower)
(Legislative Tracking: Planning Department)
(Continued from March 9, 2011)
R5E Alton Road Historic District Buffer Overlay
An Ordinance Amending Chapter 142, “Zoning Districts And Regulations,” Article III, “Overlay
Districts,” Creating Division 8 “Alton Road - Historic District Buffer Overlay,” By Including Section 142-
858 “Location And Purpose,” And Section 142-859 “Development Regulations,: Including Among
Other Provisions Regulations On Maximum Floor Area Ratio; Maximum Building Height; Minimum
Setbacks; Building Separation; Demolition Or Additions To Contributing Buildings In An Historic
District; And Land Use Regulations For Location Of Retail Uses, Restaurants, Bars, Entertainment
Establishments, Alcoholic Beverage Establishments And Similar Uses; Requiring Conditional Use
Approval Of Such Uses In Excess Of 20,000 Sq. Ft.; And Prohibiting Alcoholic Beverage And
Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance.
11:00 a.m. First Reading Public Hearing (Page)
(Requested by City Commission in 2009)
(Legislative Tracking: Planning Department)
(Continued from March 9, 2011/Referred to Land Use & Development Committee)
Regular Agenda, April 13, 2011
R5 - Ordinances (Continued)
R5F Adoption of Proposed Amendments To The City’s Comprehensive Plan
An Ordinance Adopting Amendments To The City’s Comprehensive Plan To Include New Or Revised
And/Or Updated Goals, Objectives And Policies In The Following Elements; Future Land Use,
Transportation, Housing, Infrastructure, Conservation/ Coastal Zone Management, Recreation And
Open Space, Capital Improvements, Intergovernmental And Historic Preservation; All In Relation To
Certain Items Identified In The City’s 2005-2007 Evaluation And Appraisal Report (EAR) Including
Responses To The Objections, Recommendation And Comments Report (ORC); And Authorizing
And Directing The City Administration To Submit The Adopted Amendments To The Florida
Department Of Community Affairs And Any Other Required State And Local Agencies; Providing For
Repealer, Severability, Codification And An Effective Date. 11:15 a.m. Second Reading Public
Hearing (Page)
(Requested by City Commission in 2009)
(Legislative Tracking: Planning Department)
(First Reading on September 15, 2010)
R5G An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 74, Entitled
“Peddlers And Solicitors,” By Amending Article III, Entitled “Panhandling On Public Property,” By
Amending Section 74-76, Entitled “Definitions,” By Providing Definitions For Financial Institution And
For High Volume Intersections; And By Amending Section 74-78, Entitled “Panhandling On Public
Property,” By Adding Additional Locations Where Soliciting Or Panhandling On Public Property Will
Be Considered Unlawful; Providing For Repealer; Severability; Codification; And An Effective Date.
First Reading (Page)
(Requested by Commissioner Michael Góngora)
(Legislative Tracking: Code Compliance)
R5H An Ordinance Amending Chapter 2, Article III, Division 26, Sections 2-190.107 And Section 2-190.110
Of The City Code, Establishing The City’s Community Development Advisory Committee, To Amend
The City Affiliation Requirements For Membership On The Community Development Advisory
Committee; Providing For Repealer, Severability, And An Effective Date. First Reading (Page)
(Requested by Commissioner Deede Weithorn)
(Legislative Tracking: Real Estate, Housing & Community Development)
R5I An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, Entitled
“Traffic And Vehicles,” By Amending Article II, Entitled “Metered Parking,” By Amending Division 1,
Entitled “Generally,” By Amending Section 106-55, Entitled “Parking Rates, Fees, And Penalties” To
Provide Rates And Criteria For The Preferred Parking Lot Located At 18th Street And Meridian
Avenue, Including Providing Penalties And Amending The Fees For The Lot For Food And Beverage
Social Events At The Miami Beach Convention Center From $15.00 To $10.00, Providing For
Codification, Repealer, Severability, And An Effective Date. First Reading (Page)
(Requested by Finance & Citywide Projects Committee)
(Legislative Tracking: Parking Department)
Regular Agenda, April 13, 2011
R7 - Resolutions
R7A A Resolution Approving, Following A Duly Noticed Public Hearing, The Placement Of A Memorial
Plaque On The Bus Shelter Located At 3801 Collins Avenue, In Memory Of Mr. Harold Tillman, In
Accordance With Section 82-504 Of The City Code. 10:15 a.m. Public Hearing (Page)
(Public Works)
R7B A Resolution Approving, Following A Duly Noticed Public Hearing, The Following Agreements
Pertaining To The Proposed Lease Agreement (The Lease), Having A Term Of Nine (9) Years And
364 Days, Between The City And Pennsylvania Avenue LLC, D/B/A Gigi, For The Use Of
Approximately 7000 Square Feet Of Ground Level Retail Space At The Pennsylvania Avenue
Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida, For A Restaurant (Primary Use), With
Ancillary Uses To Include A Bakery, Bar/Café, And Book And Gift Shop: 1.) A Pre-Lease Due
Diligence Review Agreement; 2.) A Letter Of Intent (LOI), Setting Forth The Substantive Business
Terms Of The Lease; And 3.) A Draft, In Substantial Form, Of The Proposed Lease; Authorizing The
City Manager To Execute The Pre-Lease Due Diligence Review Agreement And The LOI, And
Further Authorizing The Mayor And City Clerk To Execute The Final Lease, Based Upon The
Business Terms In The LOI And Subject To Final Review By The City Manager And City Attorney’s
Office; And Further Waiving, By 5/7ths Vote, The Competitive Bidding And Appraisal Requirements
(As Permitted Pursuant To Section 82-39 Of The City Code), Finding Such Waiver To Be In The Best
Interest Of The City. 11:30 a.m. Public Hearing (Page)
(Real Estate, Housing & Community Development)
R7C A Resolution Approving An Agreement Between The City And Broward Stage Door Theater For The
Operation And Management Of The Byron Carlyle Theater Pursuant To Request For Proposals No.
24-09/10 And Authorizing The Mayor And City Clerk To Execute Said Agreement Having An Initial
Term Of Five (5) Years, Commencing On February 1, 2011, And Ending On January 31, 2015, With
An Additional Five (5) Year Option Term At The City Sole And Absolute Discretion. (Page)
(Tourism & Cultural Development)
(Memorandum & Resolution to be Submitted in Supplemental)
R9 - New Business and Commission Requests
R9A Board And Committee Appointments. (Page)
(City Clerk’s Office)
R9A1 Board And Committee Appointments - City Commission Appointments. (Page)
(City Clerk’s Office)
R9A2 Appointment Of Eugenio Cabreja For Tenant Commissioner To The Housing Authority. (Page)
(Requested by Mayor Matti Herrera Bower)
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (12:30 p.m.) (Page)
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.)
Regular Agenda, April 13, 2011
R9 - New Business and Commission Requests (Continued)
R9C Discussion Regarding Changing The Flamingo Park Master Plan To Include A Bathroom In The Tot
Lot; And Discuss The Design Of The Tennis Club House And Tennis Courts. (Page)
(Requested by Commissioner Edward L. Tobin)
(Deferred from March 9, 2011)
R9D Discussion Regarding Including Monthly Crime Statistics As A Standard Agenda Item On The
Neighborhood/Community Affairs Committee. (Page)
(Requested by Commissioner Edward L. Tobin)
R9E The Committee Of The Whole Will Meet During Lunch Recess Of The April 13, 2011 City
Commission Meeting At The City Manager’s Office Large Conference Room To Discuss Interim
Status Report Of Internal Audits.
(Budget & Performance Improvement)
R9F The Committee Of The Whole Will Meet During Lunch Recess Of The April 13, 2011 City
Commission Meeting At The City Manager’s Large Conference Room To Discuss Status Of Pending
Legislation Currently Before The Florida Legislature. (Page)
(Economic Development)
(Memorandum to be Submitted in Supplemental)
R9G Discussion Of Proposed Amendments Lessening The Intensity Of The I-1 Light Industrial District; And
The Stay Of Proceedings Resulting From Appeals Of Administrative Decisions To The Board Of
Adjustment. (Page)
(Requested by Land Use & Development Committee)
(Legislative Tracking: Planning Department)
R9H Discussion Regarding The Dunlop Orange Bowl Tennis Tournament. (Page)
(Requested by Commissioner Edward L. Tobin)
R9I Discussion Regarding The Safety Issues With The Funkshion Fashion Event Held In City Of Miami
Beach. (Page)
(Requested by Commissioner Jerry Libbin)
R9J Discussion Regarding The Ridership Of The South Beach Local (SBL). (Page)
(Requested by Commissioner Jerry Libbin)
R9K Discussion Regarding The Viability Of The City Of Miami Beach Taking Over Towing Services Within
The City. (Page)
(Requested by Commissioner Edward L. Tobin)
R9L Discussion Regarding The Local Belle Isle Bus Route. (Page)
(Requested by Commissioner Edward L. Tobin)
Regular Agenda, April 13, 2011
R9 - New Business and Commission Requests (Continued)
R9M Discussion Regarding A Resolution To Support The Passage Of HB 281 And SB 880 By The Florida
Legislature, Which Would Require Taxpayers Who Appeal The Market Value Of Their Property To
Pay A Portion Of The Tax Liability While Their Appeal Is Being Addressed. (Page)
(Requested by Mayor Matti Herrera Bower)
R9N Discussion Regarding Prior Resolution Prohibiting Removal Of Green Space For Additional Bike
Lanes. (Page)
(Requested by Vice-Mayor Jonah Wolfson)
Reports and Informational Items
Reports and Informational Items (see LTC #075-2011)
End of Regular Agenda