Addendum_11May2011MIAMIBEACH
City Commission Meeting
ADDENDUM MATERIAL
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
May 11,2011
Mayor Matti Herrera Bower
Vice-Mayor Jonah Wolfson
Commissioner Jorge Exposito
Commissioner Michael G6ngora
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.
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.
ADDENDUM AGENDA
C4 - Commission Committee Assinnments
Referral To The Land Use And Development Committee - Discussion Regarding The Short
Term Rentals Ordinance.
(Requested by Commissioner Jorge Exposito)
Referral To The Neighborhood/Community Affairs Committee - Discussion Concerning
Noticing For Sidewalk Cafe Permit Renewal.
(Requested by Commissioner Michael Gongora)
Referral To The Neighborhood/Community Affairs Committee - Discussion Concerning Quality
Of Life Issues For West Avenue.
(Requested by Commissioner Michael Gongora)
Addendum, May 11,201 1
C4 - Commission Committee Assinnments (Continued)
C4G Referral To The Land Use And Development Committee - Discussion Regarding The Baywalk
Conservation District Proposal Put Forth By Members Of The Lincoln West Neighborhood
Association.
(Requested by Mayor Matti Herrera Bower & Vice-Mayor Jonah Wolfson)
C4H Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding The Lack Of
Parking For Permit Paying Residents In The Flamingo Park Parking Lot P-10.
(Requested By Commissioner Jerry Libbin)
R7 - Resolutions
R7C A Resolution Urging Local Retailers Selling Tobacco Products To Refrain From Selling And Marketing
Flavored Tobacco Products Because Such Products Tend To Promote And Influence Tobacco Use
By Minors And Young Adults.
(Requested by Mayor Matti Herrera Bower)
(Legislative Tracking: City Attorney's Office)
R9 - New Business and Commission Requests
R9J Discussion Regarding The Status Of The Sunset Harbor Parking Garage.
(Requested By Vice-Mayor Jonah Wolfson)
R9K Verbal Report On The Par 3 Golf Course Redesign And The Flamingo Tennis Facility Master
Plan.
(Capital Improvement Projects)
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
Jorge M. Gonzalez, City Manager
Robert Parcher, City Clerk
Jorge R. Exposito, Commissioner
May 6,2011
SUBJECT: Referral to Land Use and Development Committee
MEMORANDUM
I would like to refer a discussion item to the Land Use and Development Committee regarding
the Short Term Rentals Ordinance to discuss whether it would be advisable to include a clause
for exceptions.
We trust that you will find all in good order. Should you have any questions, please feel free to
get in touch with my aide, Barbie Paredes at extension 6457.
Best regards,
We ore cominitted to providing excelleni public service and sofsly to oil who live, work, and ploy it, our 4
I Agenda Item eq D i
Date ~-N-r/
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge Gonzalez, City Manager
FROM: Michael Gongora, Commission
DATE: May 6, 201 1
SUBJECT: Referral ltem for May 11 Commission Meeting
Please place on the May 11, 201 1 Commission meeting consent agenda a referral to
the Neighborhoods Committee for discussion concerning noticing for Sidewalk Cafe
Permit Renewal . If you have any questions please feel free to contact my aide Diana
Fontani at ext 6087.
Agenda ltem
Date
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge Gonzalez, City Manager
FROM: Michael Gongora, Commissioner
DATE: May 5, 201 1
SUBJECT: Referral Item for May 11 Commission Meeting
Please place on the May 1 1, 201 I Commission meeting consent agenda a referral to
the Neighborhoods Committee for discussion concerning quality of life issues for West
Avenue addressed in the following presentation attached. If you have any questions
please feel free to contact my aide Diana Fontani at ext 6087.
Quality of Life Issues for South Beach
Pedestrians and Cmsmvalks on Wesf Avenue
Florida Driver's Handbook 201 1
(http:lIwww.fl hsmv.govlhandbooksl)
Pedestrians
"It is the motorist's responsibility to do everything possible to
avoid colliding with pedestrians. Bicyclists, skaters and
skateboarders in a crosswalk or driveway are considered
pedestrians. Turning motorists must stop for pedestrians at
intersections and driveways, even when the crosswalk is not
marked, as these are also legal crosswalks. Motorists must stop
or yield as appropriate for pedeshians crossing the street or
driveway at any marked mid-block crossing, driveway or
intersection without traflc signals. "
Crosswalks need to be painted and maintained.
There are several crosswalks that are currently in
need of painting.
Cross walks need to be painted and maintained
Signs regarding fines for not drivers not yielding
are already posted all along West Avenue but not
obeyed by drivers nor enforced by Police
Department
Signs need to be maintained so they are kept
visible. The sign partially covered by the h.ee is not
the reason why drivers to not yield.
Signs used in other cities offer an example of an
""awareness sign" that could be posted on West
Avenue crosswaks for campaign to improve safety
of residents and tourists.
Letter to Mayor Dermer & Vice Mayor Matti
Herrera Bower (November 4,2005)
Discussions with Lt Charlie Weaver regarding
unsafe conditions to pedestrians from speeding
vehicles and failure to yield to pedestrians at marked
crosswalks
Worked with Community Police Officer Alejandro
(Alex) Bello on West Avenue. 1 spent over 2 hours
with Officer Alex where he used his radar, which
showed cars driving as fast as 50mph.
"Highway reader signs" were used on each end of
West Avenue to notify drivers of law.
There was no dedicated follow up by the Miami
Beach Police department to follow through on
enforcing the laws.
West Avenue has become an alternate route for many
who believe that can travel faster on West Avenue than
Alton Road.
Suggestions to address Speeding on West Avenue:
Install 30@ Speed limit signs on each block
betvveen 5" Avenue and 17" Avenue on West
Avenue. There should be one speed limit sign
facing both directions of traffic between 5" and 1 7th
Seeet
These additional signs could be installed on existing
civ signposts or to street light poles for an easy
installation process.
There are cwrently only 3 speed limit signs on this
13-block area. (One is covered by a palm tree and
IF S&eetsB,
Making 14~~ sh.eet and West Avenue a 4-way stop
intersection. Stop signs would be less expensive
than installing a traffic light. The stop sign would
slow traffic on West Avenue.
Install cameras and issue ticket to speeding vehicles.
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OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Matti Herrera Bower, Mayor
DATE: May 6,201 1
SUBJECT: Consent Agenda Item: Referral to Land Use Committee
Please place on the May 11, 201 1 Commission meeting agenda a referral to the
Land Use Committee of a discussion regarding the Baywalk Conservation District
proposal put forth by members of the Lincoln West Neighborhood Association. The
proposal is attached.
I thank you in advance for your cooperation in this matter. If you have any
questions, please do not hesitate to contact Rebecca Wakefield at extension 61 57.
Thank you.
Agenda Item CVG
We are cornmiffed to pronding excelient publ~c servrce and safety b all wl~o I~ve, work a11d play ln our Date 5-/!+
17 I
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Jonah Wolfson, Commissioner
DATE: May 61h, 20 1 1
SUBJECT: Agenda Item
Please place on the May I lth, 201 1 Commission meeting agenda a referral to the
Land Use and Development Committee to discuss the attached proposal from Arthur
Marcus at the May 1 81h, 201 1 Land Use and Development Committee meeting."
If you have any questions, please contact Leonor Hernandez at extension 6437.
JW/lh
We ore committed 10 provid~ng excellenf public senJlce and sofeiy to all who live, work, and ploy in our vibranl, tropical, his~oric co~nmu~~iiy.
18
MEMORANDUM
DATE: May 5,201 1
TO: Mayor Matti Bower (MayorBower@miamibeachfl.gov)
Commissioner Jonah Wolfson (Jonah@miamibeachfl.gov)
Commissioner Jerry Libbin (Jerry@miamibeachfl.gov)
Commissioner Jorge Esposito (JorgeExposito@miamibeachfl.gov)
Commissioner Michael Gongora (Michael@miamibeachfl.gov)
Commissioner Edward Tobin (Ed@miamibeachfl.gov)
Commissioner Deede Weithorn (Deede@miamibeachfl.gov)
Jorge Gonzalez, City Manager ~ioraeaonzalez@miamibeachfl.aov~
FROM: Lincoln West Neighborhood Association
SUBJECT: Request that the City Commission initiate the creation of a
Baywalk Conservation District
pursuant to Article XI of the Land Development Regulations,
Chapter 1 18, Citv Code.
A recent re-zoning initiative which is scheduled to come before the CMB Land Use and
Development Committee on May 18, 201 1 proposes commercialization on the Biscayne
Baywalk in the RM-2 district. We in the Lincoln West Neighborhood have met with those
proposing to increase commercialization and we are against any commercialization of
the Baywalk.
This proposed commercialization iniative has alerted the Lincoln West Neighborhood to
the necessity of preserving the public Baywalk promenade for public use purposes, as
was originally intended by both the City of Miami Beach and the Lincoln West
community, when the Capri project was first approved and constructed and the adjacent
Gilbert Fein Conservation District was created.
Our neighborhood association has long recognized the importance of developing and
maintaining a public Baywalk as a great asset to our community. Indeed the Lincoln
West community had much to contribute in the initial planning of the Capri and its
approvals at the DRB. And these approvals included the provision that any retail space
in the Capri could only be used by the Capri residents, per the provisions of its RM-2
zoning. This retail space was never intended for general commercial use open to the
public. To change the intent of the zoning and the intent of the former final order for the
Capri now is to subvert the original agreement.
This proposed Baywalk Conservation District would delineate and include private
property adjacent to the defined public Biscayne Baywalk. Additional conservation
districts might be created for the South Pointe Park walks; for Lummus Park along
Ocean Drive; for the Boardwalk in the 20's and 30's along the Ocean and for other walks
within Miami Beach.
BISCAYNE BAY WALK
May 5,201 1
Page2
The intent of this new district would be to prohibit commercialization of properties
adjacent to the Baywalk. This neighborhood is 100% residential. The closest
commercial uses are four blocks away.
We are also aware that the Flamingo baywalk, which is scheduled to open in December,
201 1 lies in the RM-3 zoning district which allows accessory retail. However we strongly
believe that commercial uses should not be allowed along the Bay walk even in the RM-3
zoning district, and would hope that the new iniative would include a remedy for this
existing situation to preserve the public Baywalk promenade for public use purposes only.
This request is supported by County and City public policy. For example, Section 33D-2,
County Code, establishes a Biscayne Bay Management Area that embraces the land
which would comprise the Miami Beach Baywalk when it is completed. The Legislative
Intent [Sec. 33D-31(d)(3), includes the provision of "the maximum amount of public
visual and physical access to the water through the provision of mixed use facilities and
places open to the public at large, such as walkways, boardwalks, plazas, and
observation areas along the shoreline."
The City of Miami Beach Comprehensive Plan EAR Report, Recreation and Open Space
Element also identifies several land development objectives that support the use of
public space adjacent to waterways for public recreational purposes.
We hope that you will consider our request that the City Commission initiate the creation of
a Baywalk Conservation District; perhaps even to cover all bay walks in the city; pursuant
to Article XI of the Land Development Regulations, Chapter 11 8, Citv Code.
We look to you to join us in preserving the pristine beauty of the shorelines of Miami
Beach for everyone to enjoy equally, without the intrusion of commercial uses, no matter
the size or type or use. Grocery stores - even gourmet ones, and sundry shops and
convenience stores do not belong on the Baywalk.
On behalf of our residents I thank you for your consideration of this important issue.
Arthur Marcus
for the
LINCOLN WEST NEIGHBORHOOD ASSOCIATION
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION 2 !:' -5 0:; /I: /MEMORANDUM
...i , .
TO: Jorge Gonzalez, City Manage'i---------- . --- - - - ..- I
FROM: Jerry Libbin, Commissioner
DATE : May 9,201 1 /
SUBJECT: Consent agenda item for the May 1 1,201 1 Commission meeting; a referral to the
Neig hborhood/Community Affairs Committee to discuss the Flamingo Park Parking Lot P-10
Please place on the agenda for the May 11, 201 1 Commission meeting; a referral to the
Neigh borhood/Community Affairs Committee to discuss the lack of parking for permit paying
residents in the Flamingo Park Parking Lot P-10.
Please contact my office at ext. 71 06 if you have any questions.
i Agenda Item We ore conlrnitted to providing excellent public service and sol"ety to oil who live, work, and piay in our vi
Date S-11-11
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OFFICE OF THE ClTY ATTORNEY
JOSE SMITH, CITY A~ORNEY COMMISSION MEMORANDUM
TO: MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
ClTY MANAGER JORGE M. G
FROM: CITY ATTORNEY JOSE S
DATE: MAY 11,2011
SUBJECT: A RESOLUTION OF THE MAYOR AND ClTY COMMISSION OF
THE ClTY OF MIAMI BEACH, FLORIDA, URGING LOCAL
RETAILERS SELLING TOBACCO PRODUCTS TO REFRAIN
FROM SELLING AND MARKETING FLAVORED TOBACCO
PRODUCTS BECAUSE SUCH PRODUCTS TEND TO
PROMOTE AND INFLUENCE TOBACCO USE BY MINORS
AND YOUNG ADULTS.
The Quality of Education of Committee has recommended that the City Commission
support methods to discourage the sale of flavored tobacco products in the City because such
products encourage and promote smoking among minors and young adults. At the request of
Mayor Matti Herrera Bower, the City Commission referred this matter to the Neighborhoods and
Community Affairs Committee on February 9, 2011. This matter was considered by the
Neighborhoods and Community Affairs Committee on May 5, 201 1 and it was referred by that
Committee to the City Commission. Therefore, the attached Resolution is submitted for
consideration by the Mayor and City Commission.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING LOCAL
RETAILERS SELLING TOBACCO PRODUCTS TO REFRAIN
FROM SELLING AND MARKETING FLAVORED TOBACCO
PRODUCTS BECAUSE SUCH PRODUCTS TEND TO
PROMOTE AND INFLUENCE TOBACCO USE BY MINORS
AND YOUNG ADULTS.
WHEREAS, tobacco use is the number one cause of preventable death in the United
States, and almost 90 percent of tobacco users started before they were 18 years old; and
WHEREAS, each day, more than 4,000 young people try smoking for the first time, and
over 1,000 become regular daily smokers; and
WHEREAS,, the Surgeon General has concluded that tobacco advertising greatly
contributes to youth smoking rates; and
WHEREAS, an estimated one third of adolescent experimentation with smoking can be
directly attributed to tobacco advertising and promotional activities; and
WHEREAS, the Master Settlement Agreement (MSA) reached in 1998 between state
Attorneys General and major tobacco companies forbids cigarette manufacturers from directly
or indirectly targeting youth in advertising, marketing and promotion of tobacco product or to
take any action to initiate, maintain or increase youth smoking; and
WHEREAS, internal tobacco industry documents strongly suggest that manufacturers
intentionally target youth through use of candy-like flavors in tobacco products; and
WHEREAS, research from the Harvard School of Public Health (published November
2005) found that cigarettes makers are targeting young smokers with new candy and liqueur- - flavored brands that mask the harsh and toxic properties found in tobacco smoke. Tobacco
companies use youth-oriented colorful and stylish packaging, and exploit adolescents' attraction
to candy flavors with names such as "Mandarin Mint," "Winter Warm Toffee," and "Twista Chill;"
and
WHEREAS, on September 22, 2009, the federal Family Smoking Prevention and
Tobacco Control Act ("Act") went into effect which imposes a ban on the sale of cigarettes
containing certain flavors, herbs, or spices including strawberry, grape, orange, clove,
cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee; and
WHEREAS, the Act does not include a ban on menthol cigarettes or other types of
flavored tobacco products such as cigars, hookah, or smokeless tobacco products; and
WHEREAS, national studies have found that the vast majority of people who are using
the flavored tobacco products are minors and young adults; and
WHEREAS, some of these tobacco products, specifically flavored cigars and blunt
wraps, are also used as drug paraphernalia for the smoking of marijuana; and
WHEREAS, flavored tobacco products are defined for purposes of this Resolution as
loose tobacco including snuff flour, plug and twist tobacco, fine cuts, chewing tobacco, snus,
shisha tobacco, smoking or snuffing tobacco products, and all other kinds and forms of tobacco,
including but not limited to cigarettes, cigars, smokeless tobacco products, and blunt wraps
prepared in such a manner with the purpose of chewing, inhaling, smoking or ingesting in any
manner in which the product or any of its component parts (including the tobacco, filter, or
paper) contain, as a constituent (including a smoke constituent) or additive, an artificial or
natural flavor or an herb or spice, including but not limited to, strawberry, grape, orange, clove,
cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, coffee, or alcohol
flavors, that is a characterizing flavor of the tobacco product or tobacco smoke.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE ClTY
COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, that all local retailers who sell
tobacco products are hereby urged to cease the sale and marketing of all flavored tobacco
products, which are defined herein as loose tobacco including, but not limited to, snuff flour,
plug and twist tobacco, fine cuts, chewing tobacco, snus, smoking or snuffing tobacco products,
and all other kinds and forms of tobacco, including but not limited to cigarettes, cigars,
smokeless tobacco products and blunt wraps prepared in such a manner with the purpose of
chewing, inhaling, smoking or ingesting in any manner which have been flavored through the
addition of natural or artificial flavorings, herbs, spices or other means with flavors
characterizing fruit, candy, alcohol or other similar flavorings.
PASSED AND ADOPTED this day of May, 201 1.
ATTEST:
Matti Herrera Bower
Mayor
Robert Parcher
City Clerk
APPROVED AS TO
F:\ATTO\TURN\RESOS\Refrain from Selling and Marketing Flavored Tobacco Products2.docx
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Jonah Wolfson, Commissioner
DATE: May6th,2011
SUBJECT: Agenda Item
Please place on the May I lth, 201 1 Commission Meeting Agenda a discussion item
regarding the status of the Sunset Harbor parking garage.
If you have any questions, please contact Leonor Hernandez at extension 6437.
JWIlh
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R9 - New Business and Commission Requests
R9K Verbal Report On The Par 3 Golf Course Redesign And The Flamingo Tennis Facility Master
Plan.
(Capital Improvement Projects)
Agenda Item Rf K
Date
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