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20110914 Bookmarked Agenda ocr optimizedMIAMIBEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive September 14,201 1 Mayor Matti Herrera Bower Vice-Mayor Edward L. Tobin Commissioner Jorge Exposito Commissioner Michael Gdngora Commissioner Jerry Libbin 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 PA Presentations and Awards Regular Agenda R2 Competitive Bid Reports R5 Ordinances Consent Aaenda 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 service and safety to all who live, work, and play in our vibrant, tropical, historic community. 1 Commission Agenda, September 14,201 1 Presentations and Awards PA1 Certificates Of Completion To Be Presented To The City Of Miami Beach Neighborhood Leadership Academy Graduates Spring 201 1 Class. (City Manager's Office) PA2 Certificate Of Appreciation To Be Presented To Chef Carlos Renta Of Artistik Catering For His Participation In The "Cooking On A Budget Workshop" For Elders. (City Manager's Office) PA3 Presentation Of The Parks And Recreation Department's Teen Club Drug & Gang Prevention Program College Scholarship Award, To Tania Centeno And Karen Gonzalez, For Their Achievements, Commitment And Contributions To Their Community, Fellow Teens And Families While Participating In The Miami Beach Teen Club. (City Manager's OfficeIParks & Recreation) PA4 Presentation By The National Weather Service Designating The City Of Miami Beach A Storm Ready - Community. (Requested by Commissioner Jonah Wolfson, City Manager's Office & Fire Department) PA5 Presentation By Heather Rohan, CEO Of Aventura Hospital And Medical Center. (Requested by Commissioner Jonah Wolfson) (Deferred from July 13, 201 1) PA6 Certificates Of Recognition To Be Presented To Esperanza Isabel Menendez, Participant And Her Employer, Catalyst Of Miami / UNIDAD1s Senior Placement Program. (Requested by Commissioner Jonah Wolfson) PA7 Proclamation Declaring Hispanic Heritage Month. (Requested by Mayor Matti Herrera Bower) PA8 Proclamation To Be Presented To Bill Sussman, The Alzheimer's Association, For The Alzheimer's Association 201 1 Miami Dade Walk To End Alzheimer's On October 29, 201 1. (Requested by Mayor Matti Herrera Bower) PA9 Certificate Of Recognition To Be Presented To Miguell Del Campillo, HACMB, For Being Named The Housing Authority Of The Year 201 1 For Providing Outstanding Affordable Housing In Florida. (Requested by Mayor Matti Herrera Bower) PA1 0 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For May-July 201 1. (Page) (Requested by Commissioner Jorge R. Exposito) Commission Agenda, September 14,201 1 Presentations and Awards (Continued) PA1 1 Certificate Of Appreciation To Be Presented To Rabbi Yitzchak Zweig For His Work Creating A Kosher Food Bank For Residents In Our Community. (Requested By Vice-Mayor Edward L. Tobin) PA12 Certificate Of Appreciation To Be Presented To Mr. Joe Moniz, For Hosting Our Senior Citizen Residents At Walmart's Senior Nutrition Education Event At His Store In North Miami Beach. (Requested By Vice-Mayor Edward L. Tobin) PA1 3 Proclamation To Be Presented To Marcia Jo Zerivitz Upon Her Retirement As The Director Of The Jewish Museum Of Florida. (Requested by Commissioner Deede Weithorn) PA14 Certificate Of Recognition To Be Presented To Officer Elio Sanchez For Outstanding Police Work. (Requested by Commissioner Jerry Libbin) 4 * PA1 5 Key To The City To Be Presented To Detective Eric Figueroa For His Military Service. (Requested by Commissioner Jerry Libbin) PA16 Certificate Of Recognition To Dr. Rodolfo Dumenigo, M.D., For Providing Free Healthcare And Training To Seniors. (Requested by Commissioner Jerry Libbin) PA1 7 Certificate Of Recognition To Be Awarded To Unyess And Mel Safra Of Bagel Time For Their Long Standing Contribution To The City Of Miami Beach. (Requested by Commissioner Michael Gongora) PA18 Certificate Of Recognition To Be Awarded To The Clifton South Beach For Being The First LEED Certified Building In The City Of Miami Beach. (Requested by Commissioner Michael Gongora) CONSENT AGENDA Action: Moved: Seconded: Vote: Commission Agenda, September 14,201 1 C2 - Competitive Bid Reports C2A Request For Approval To Issue A Request For Proposals (RFP) For The Purchase And Installation Of New Multi-Space Pay Stations For Its On-Street And Off Street Parking Locations. (Parking Department) C2B Request For Approval To Award A Contract To Apex Pest Control, Inc., Pursuant To Invitation To Bid (ITB) No. 26-1 011 1, To Provide Pest Control And Fertilization Services, In The Estimated Annual Amount Of $59,987.20. (Parks & Recreation/Procurement) C2C Request For Approval To Award A Contract To Showturf, LLC., Pursuant To lnvitation To Bid (ITB) No. 38-10-1 1 For Lease Of Golf Course Turf Maintenance Equipment For The Miami Beach Golf Club, For A Period Of Forty-Eight (48) Months, With Monthly Installments Of $7,521.38 For The First Lease Schedule Beginning On October I, 201 1, And Monthly Installments Of $3,804.46 For The Second Lease Schedule Beginning April 1, 201 2, For A Total Annual Amount Of $1 35,910.08, And Authorize The Mayor And City Clerk To Execute A Four Year Master Lease Agreement With Deere Credit, Inc. In The Total Amount Of $543,640.32. (Parks & RecreationIProcurement) C4 - Commission Committee Assignments C4A Referral To The Land Use And Development Committee - Discussion Regarding Controlled, Limited, And Attentive Off-Leash Hours At Pine Tree Park. (Requested by Commissioner Jonah Wolfson) C4B Referral To The Finance And Citywide Projects (FCWP) Committee - Discuss The Franchising Of Valet Parking Operations And ,Direct Staff To Cease Discussions At Other Levels, Committees, Or Pilot Programs Until The Committee Discusses The Matter And Refers It Back To Commission And The Commission Makes A Recommendation. (Requested by Commissioner Jonah Wolfson) C4C Referral To The Land Use And Development Committee - Discussion On Artificial Grass At Hotels And Homes And The Planning Department Procedure For Approving Same. (Requested by Commissioner Jonah Wolfson) C4D Referral To The Land Use And Development Committee - Discussion Regarding A Resolution Approving An Amendment To The Concept Plan For Property Owned By 730 1'' Street Associates, LLC In Block 52 In South Pointe. (Planning Department) C4E Referral To The Finance And Citywide Projects Committee A Discussion Pertaining To The Catering And Concessions Services Agreement For The Miami Beach Convention Center. (Tourism And Cultural Development) Commission Agenda, September 14,201 1 C4 - Commission Committee Assinnments (Continued) C4F Referral To The Planning Board - An Ordinance Modifying The Height Limitations In The RPS-4 Zoning District. (Requested by the Land Use & Development Committee) C4G Referral To The Planning Board - An Ordinance Clarifying The Categories Of Members To Be Appointed To The City's Land Use Boards. (Requested by the Land Use & Development Committee) C4H Referral To The Finance And Citywide Projects Committee - Discussion Concerning The Possibility Of Hiring Additional Special Masters Or Scheduling More Hearing Dates For The Existing Special Masters. (Requested by Commissioner Michael Gongora) C41 Referral To The Finance And Citywide Projects Committee - Discussion Pertaining To Providing Outdoor Seating On The City-Owned Space Adjacent To The Cinematheque Theater At Historic City - Hall. (Real Estate, Housing & Community Development) C4J Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding A Change To The Land Development Regulations That Would Address The Issue Of Wind Turbines. (Requested By Vice-Mayor Edward L. Tobin) C4K Referral To The Finance And Citywide Projects Committee - Discussion And Review Of The City's Investment Policy. (Requested by Commissioner Deede Weithorn) C4L Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding Revamping The Bikeways Master Plan To Better Interact With The City's Traffic Calming Planning. (Requested by Mayor Matti Herrera Bower) C4M Referral To The Land Use And Development Committee - Discussion Regarding A Resolution Passed By The Historic Preservation Board To Modify The Code Governing The Voluntary Designation Of Single Family Homes. (Requested by Mayor Matti Herrera Bower) Commission Agenda, September 14,201 1 C6 - Commission Committee Reports C6A Report Of The Joint NeighborhoodsICommunity Affairs Committee And Land Use And Development Committee Meeting On July 7, 201 1: 1) A Resolution Calling For A November 1, 201 1 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether Miami Beach City Charter Section 1.03 Should Be Amended To Require That, After November 2, 2011, And Before Becoming Effective, Any Change To The Land Development Regulations In The City Code, Except For City-Owned Property In The Government Use And Civic And Convention Center Zoning Districts, Which Allows Increased Building Heights Shall First Be Approved By A Majority Of Voters In A Citywide Election? 2) A Resolution Calling For A November 1, 201 1 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether The Miami Beach City Charter Should Be Amended To Require That, After November 2, 201 1, And Before Becoming Effective, Any Change To Chapter 11 8, Article II, Division 4 Of The City Code (Entitled, "Historic Preservation Board"), Or To Chapter 1 18, Article X , Of The Code ("Historic Preservation"), Which Either Reduces The Powers And Duties Of The Board, Or Creates Less Stringent Historic Preservation Standards Or Regulations, First Be Approved By A Majority Of Voters In A Citywide Election? 3) A Resolution Calling For A November 1, 201 1 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether Miami Beach City Charter Section 6.03 Should Be Amended To Change The Time Period That A Qualified Elector Of The City, Residing Within The City For At Least One (1) Year Prior -. To Qualifying, Has To File With The City Clerk HisIHer Petition For Qualifying As A Candidate For Office, From No Later Than The Second Day Of The Consecutive Four (4) Day Period For Qualifying As A Candidate For Such Office, To No Later Than Noon Of The 14'~ Day Preceding The First Day Of Such Consecutive Four (4) Day Qualifying Period. 4) A Resolution Calling For A November 1, 201 1 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether Miami Beach City Charter Section 6.03 Should Be Amended To Require A Waiver Of The City Qualifying Fee In The Event That The County Supervisor Of Elections Does Not Certify A Candidate's Qualifying Petition Within The Four Day Qualifying Period Where Such Candidate's Petition Was Timely Filed And Is Subsequently Certified By The County Supervisor Of Elections. 5) Commissioner Wolfson's Item (Straw Ballot). C6B Report Of The NeighborhoodsICommunity Affairs Committee Meeting On July 7,201 1: 1) Quarterly Crime Statistics. 2) Discussion Concerning Noticing For Sidewalk Cafe Permit Renewal. 3) Discussion On The Status Of Sunrise Plaza. 4) Discussion Regarding Licensing And Authorization Requirements For Mobile Food Trucks And Proposal For A City Sponsored Food Truck Festival. 5) Discussion Regarding An Ordinance Amending Chapter 2, Article Ill, Division 26, Section 2-1 90.1 07 And Section 2-1 90.1 10 Of The City Code, Establishing The City's Community Development Advisory Committee, To Amend The City Affiliation Requirements For Membership Of The Community Development Advisory Committee; Providing For Repealer, Severability, And Effective Date. 6) Discussion Regarding A Status Update On The City Of Miami Beach Red Light Cameras. 7) Discussion Regarding Street Ends And Swales Along The Water. 8) Discussion Regarding The Interim Traffic Calming Plan for La Gorce And Pinetree Drives. 9) Discussion Regarding The Lack Of Parking For Permit Paying Residents In The Flamingo Park Parking Lot P-10. 10) Discussion Regarding The Viability Of A Very Safe, Neighborhood Approved Kayak Launch. 11) Discussion Concerning Quality Of Life Issues For West Avenue. 12) Consideration And Discussion Of Proposed Amendments To The City's Noise Ordinance. Commission Agenda, September 14,201 1 C6 - Commission Committee Reports (Continued) C6C Report Of The Joint Neighborhoods/Community Affairs Committee And Finance And Citywide Projects Committee On September 1,201 1: 1) a) Discussion Of Ways To Prevent Future Problems On Memorial Day Weekend Such As The Possibility Of Rolling Back Alcohol Sales Hours; b) Discussion Regarding Memorial Day Weekend Recap And Planning For Next Year. 2) Discussion Of The Issuance Of Additional Stormwater Revenue Bonds And The Refunding Of Outstanding Stormwater Revenue Bonds. (Memorandum to be Submitted in Supplemental) C6D Report Of The Land Use And Development Committee Meeting On July 20,201 1 : 1) Discussion On The Ocean Beach Historic District R-PS4 Zoning Amendment. 2) An Ordinance Clarifying The Qualifications And Categories Of Members To Be Appointed To The City's Land Use Boards. 3) An Ordinance Amending Chapter 14 "Building Regulations" Of The City Of Miami Beach Code Of Ordinances, By Adding Section 14-72 To Be Titled "Construction Parking Plan", Establishing The Requirements For Construction Parking Plans; Amending Appendix A By Creating A Construction Parking Plan Review Fee. 4) 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; 5) Discussion Regarding The Gale Hotel Height Limits. 6) Discussion Regarding Changing The Permitted Uses In A CD-2 District To Allow For Self Storage. 7) a) Discussion On A Possible Amendment To The Accessory Use Regulations For The RM-2 Zoning District To Permit A Limited Number Of Commercial Accessory Uses In An Apartment Building Adjacent To A Public Baywalk To Be Open To The Public. 7) b) Discussion Regarding The Baywalk Conservation District Proposal Put Forth By Members Of The Lincoln West Neighborhood Association. 8) Discussion On The De-Intensification Of The 1-1 Light Industrial District. 9) Discussion On Including A Clause For Exceptions In The Short Term Rentals Ordinance. 10) Discussion Of Off-Leash Hours And/or A Designated Area For Dogs, Not Fenced, In The General South Vicinity Of The Par 3 Golf Course, Or Other Designated Area Of The Par 3.11) Discussion On The Settlement Agreement Modifying The Super Majority Requirement To Amend The Par 3 Plan. C6E Report Of The Finance And Citywide Projects Committee On July 28, 201 1 And July 29, 201 1: 1) Budget Briefing: Commissioner Update On Department Reviews. 2) Budget Briefing: Potential Service Reductions And EnhancementsIPotential Revenue Enhancements. 3) Proposed Capital Renewal And Replacement Projects. 4) Proposed Information And Communications Technology Fund Projects. 5) FY 201 111 2 Capital Projects Update. 6) Other Pending Budget Items. C6F Report Of The Capital lmprovement Projects Oversight Committee Meeting On July 11, 201 1: 1) Attendance. 2) Review and Acceptance of Minutes. 3) Presentations: 3a) Certificate of Appreciation: Daniel Veitia. 4) Public Comments. 5) Commission items: 5a) Fire Station No. 2 Contingency Increase; 5b) Sunset Islands I & II ROW; 5c) Bayshore- Atkins RPR & CH2M HILL CA Services; 5d) Indian Creek Improvements. 6) Requested Reports: 6a) Status Report On Lower North Bay Road Neighborhood; 6b) Status Report On Normandy Isle Neighborhood. 7) Old Business: 7a) Status Report: Venetian Island Neighborhood lmprovement Project; 7b) Status Report: Sunset Islands Ill & IV. 8) Adjournment. Commission Agenda, September 14,201 1 C7 - Resolutions C7A A Resolution Retroactively Approving And Authorizing The City Manager Or His Designee To Submit The Following Grant Applications: 1) Environmental Protection Agency For Funding In The Approximate Amount Of $750,000 For Stormwater Infrastructure Improvements; 2) Miami Beach Visitor And Convention Authority In The Approximate Amount Of $45,000 For Sleepless Night 201 1 ; 3) National Endowment For The Arts For Funding In The Approximate Amount Of $100,000 For Sleepless Night 201 2; 4) Department Of Homeland Security, State Homeland Security Grant Program For Funding In The Approximate Amount Of $9,000 For Training For Fire Department Personnel; 5) Miami-Dade County EMS For Funding In The Approximate Amount Of $6,000 For Fire Department EMS Needs; 6) PetSmart Charities@ For Funding In The Approximate Amount Of $80,000 For The City's Cat SpaylNeuter Program; 7) U.S. Department Of Homeland Security, Assistance To Firefighters Grant Program For Funding, In The Approximate Amount Of $40,000 For The City's Fire- Related Needs; Appropriating The Above Grants, Matching Funds, And City Expenses Related To The Above Projects; If Approved And Accepted By The City, And Authorizing The Execution Of All Necessary Documents Related To These Applications. (Budget & Performance Improvement) C7B A Resolution Approving And Authorizing The City Manager Or His Designee To Execute An -. . Agreement, On Behalf Of Mount Sinai Medical Center Of Florida, Inc., (Mount Sinai) With The State Of Florida, Division Of Emergency Management, For Federal Funding From The U.S. Department Of Homeland Security, Federal Emergency Management Agency (FEMA), In The Amount Of $750,000 For Mount Sinai's Installation Of A Generator, Fuel Tank, And Transfer Switches At Its Gumenick Ambulatory Surgical Center; Further Authorizing The City Manager To Negotiate And Execute A Memorandum Of Understanding Between The City And Mount Sinai Regarding Mount Sinai's Installation Of The Aforestated Generator, Fuel Tank, And Transfer Switches, Pursuant To State Of Florida Division Of Emergency Management (DEM) Contract Number 12DM-5F-11-23-02, And Including Provisions Pertaining To Payment, Reimbursement And A Full Indemnification And Hold Harmless From Mount Sinai In Favor Of The City; And Further Approving And Authorizing The Execution Of A Letter Of Agreement Between The City And The State Of Florida, Agency For Health Care Administration, For Remittance Of Funds, In An Amount Up To $750,000, To The State Of Florida, Agency For Health Care Administration, As An Intergovernmental Transfer For The Provision Of Medicaid-Funded Health Services To The Community. (Budget & Performance Improvement) (Memorandum & Resolution to be Submitted in Supplemental) A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Professional Services Agreement With James B. Pirtle Construction Co., Inc., In An Amount Not To Exceed $44,713, For Pre-Construction Services For The Construction Of The Property Management Facility, Pursuant To Request For Qualifications No. 21-1011 1 ; And, Upon Completion Of Pre-Construction Services, Authorize The City Manager To Enter Into Negotiations For A Guaranteed Maximum Price (GMP) For Construction Services And To Further Seek Authorization And Approval From The Mayor And City Commission, To Execute An Agreement Approving The GMP With Previously Appropriated Funding From The 2003 Go Bonds-Neighborhood lmprovement Fund. (Capital lmprovement Projects) Commission Agenda, September 14,201 1 C7 - Resolutions (Continued) C7D A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Professional Services Agreement With James B. Pirtle Construction Co., Inc., In An Amount Not To Exceed $41,710, For Pre-Construction Services For The Construction Of The Flamingo Park Tennis Center, Pursuant To Request For Qualifications No. 37-1011 1, And, Upon Completion Of Pre-Construction Services, Authorize The City Manager To Enter lnto Negotiations For A Guaranteed Maximum Price (GMP) For Construction Services And To Further Seek Authorization And Approval From The Mayor And City Commission, To Execute An Agreement Approving The GMP With Previously Appropriated Funding From The MDC-CDT Interlocal-CDTlResort Tax Eligible Fund. . (Capital lmprovement Projects) C7E A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 35-1011 1, For A Design Criteria Professional To Prepare The Design Criteria Package For The Palm And Hibiscus Neighborhood Right-of-way lmprovement Project, Which Is Intended To Be A Design-Build Contract; And To Serve As The City's Representative During The Selection Of The Design-Build Firm For The Project, Concerning The Evaluation Of The Responses Submitted By The Design-Build Firms; Review And Approve For Compliance Of The Detailed Working Drawings For The Project; And For Evaluation Of The Compliance Of The Project Construction With The Design Criteria Package; Authorizing The , - Administration To Enter lnto Negotiations With The Top-Ranked Proposer, Camp, Dresser & McKee, Inc (CDM) ; And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer, Authorizing Negotiations With The Second-Ranked Proposer, Corzo, Castella, Carballo, Thompson, Salman, PA (C3TS); And Should The Administration Not Be Successful In Negotiating An Agreement With The Second-Ranked Proposer, Authorizing Negotiations With The Third-Ranked Proposer, Calvin, Giordano, And Associates, Inc; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. (Capital lmprovement ProjectslProcurement) C7F Appointment Of Chief Special Master 1. A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Section 30- 36 Of The Code Of The City Of Miami Beach, Concerning The Re-Appointment Of Abraham Laeser, Esquire, To Serve As Chief Special Master, For A Term Commencing On September 15,201 1, And Ending On March 14,201 2; Provided Further That Chief Special Master Laeser Shall Be Authorized To Hold Hearings And Impose Fines, Liens And Other Non-Criminal Penalties Against Violators Of The City And County Codes And Ordinances, And Shall Also Be Authorized To Appoint Such Other Special Masters As May Reasonably Be Required To Conduct The Subject Hearings; And Further Incorporating All Other Matters Set Forth Within Chapter 30 Of The City Code, Including, Without Limitation, Sections 30-37 And 30-38 Thereof, Concerning The Compensation And Duties Of The Chief Special Master 2. A Resolution Approving And Re-Appointing, Pursuant To Section 102-356 Of The City Code, Abraham Laeser Esquire, (Chief Special Master Re-Appointed Pursuant To Resolution No. , As The City Manager's "Designee" Under Section 102-356 Of The City Code; Said Designation Commencing With Mr. Laeser's Term As Chief Special Master On September 15,201 I, And Ending On March 14,2012. (City Clerk's Office) Commission Agenda, September 14,201 1 C7 - Resolutions (Continued) C7G A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals Pursuant To Request For Proposals (RFP) No. 29-1011 1, For Certain Advertisement Program And Advertisement Sales Support Services; Authorizing The Administration To Enter Into Negotiations With Van Wagner Communications LLC, For Miscellaneous Parking Garage Advertising, And Boom-Ad Advertisement System LLC And Abcon Media, For Parking Arms Advertising; Further Recommending The Re-Issuance Of An RFP For Advertising Categories Such As Parking Stripes Advertising, DigitalIDisplay Elevator Advertising, Parking Pay-On-Foot (POF) Meter Advertising, Other Advertising Opportunities (Non Parking) And Advertising Sales Support To Exclude The Advertising Categories Which Have Already Been Awarded Under This RFP; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. (City Manager's Office/Procurement) C7H A Resolution Approving And Authorizing The Mayor And City Clerk To Execute: I) Amendment No. I To The Purchase And Sale Agreement, Dated July 14,201 0, Between The City Of Miami Beach And The Housing Authority Of The City Of Miami Beach (HACMB), For The Purchase Of A Perpetual Easement Over The Property Located At 1231-1251 17th Street, Miami Beach, Florida, For The - Purpose Of Constructing A Bridge Connecting West Avenue And Dade Boulevard; Said Amendment Extending The "lnspection Period", As Defined Therein, For A Period Of Up To Six Months, (Or Until March 15,201 2) Or, If Less, Such Other Time Period As HACMB May Approve; And 2) Amendment No 1. To The Accompanying Development Agreement Between The City And HACMB, Having A Commencement Date Of September 15, 2010; Said Amendment Extending The "Due Diligence Period", As Defined Therein, Until March 15,2012, Or, If Less, Such Other Time Period As HACMB May Approve; Further Ratifying The City Manager And HACMB's Agreement To A Short-Term Extension Of The lnspection And Due Diligence Periods, Through And Until September 28, 201 1; Said Short-Term Extension Granted In Order To Preserve The City's Right To Terminate The Agreements And, Further, To Give The City And HACMB Time To Bring The Extension Requested In This Resolution Before Their Respective Governing Boards.. (Economic Development) C71 A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Amendment To The Professional Services Agreement Between The City Of Miami Beach, Florida And McGladrey & Pullen, LLP., Dated October 26, 2006, For Independent Audit Services (The Agreement); Said Amendment Revises Exhibit "B" Of The Original Agreement, Entitled "Fee Compensation," By Adding An Audit Of The Building Better Communities Bond Project For The Fiscal Year Ending On September 30, 2011, And An Audit Of The Children's Trust Fund Program For The Fiscal Year Ending On September 30, 201 1; And Further Approves The First Year Renewal Option Of The Agreement. (Finance Department) C7J A Resolution Consenting To The Appointment Of Stephen Scott As Director Of Building Department For The City Of Miami Beach. (Human Resources) Commission Agenda, September 14,201 1 C7 - Resolutions (Continued) C7K A Resolution Authorizing The City Of Miami Beach To Accept A Donation Of Physical Fitness Equipment From Mr. Valentine Francis Bubosky, On Behalf Of The Miami Beach Police Department, With An Approximate Value Of $10,000.00 To Be Housed In The Miami Beach Police Department's Gymnasium. (Police Department) C7L A Resolution Authorizing The City Manager, Or His Designee, And City Clerk To Execute A Memorandum Of Understanding And An Agreement Between The City Of Miami Beach, On Behalf Of The Miami Beach Police Department, And The Internal Revenue Service (IRS) Criminal Investigation Division To Participate In The IRS Financial Investigative Strike Force High Intensity Drug Trafficking Area (HIDTA) Group 5 Task Force For The Purpose Of Apprehending And Prosecuting Individuals Who Are Involved In Narcotics Trafficking, Money Laundering And Other Major Crimes. (Police Department) A Resolution Authorizing The Mayor And City Clerk To Execute An Agreement Between The City Of Miami Beach And The Town Of Medley, For The Purpose Of Conducting Firearms Training By The - . Miami Beach Police Department At The Town Of Medley Police Firearms Training Center Located At , 9700 NW 97 Avenue, Medley, Florida. (Police Department) C7N A Resolution Setting A Public Hearing For The October 19, 201 1 City Commission Meeting To Consider Granting A Revocable Permit For Comco LLC, Owner Of The Property Located At 701 Lincoln Road, For The Proposed Fixed Canopy That Extends Approximately Six Feet One Inch (&-I ") Over And lnto The Public Right Of Way On Lincoln Road Mall. (Public Works) C70 A Resolution Setting A Public Hearing For The October 19, 201 1 City Commission Meeting To Consider Granting A Revocable Permit For 420 Lincoln Road Development Group Inc, Owner Of Lincoln East Garage Located At 420 Lincoln Road, For The Proposed Mid-Tensioned, Removable HPDE Metal Mesh That Extends Approximately Five Feet Six Inches (5'-6) Over And lnto The Public Right Of Way On 1 6th Street And Drexel Avenue. (Public Works) C7P A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A License Agreement With The Florida Department Of Transportation (FDOT), For Construction Of A Sidewalk On The Southwest Corner Of Collins Avenue And 8oth Street, As Part Of FDOT's Collins AvenueIState Road AIA Project. (Public Works) C7Q A Resolution Granting Four (4) Easements To Miami-Dade County For The Relocation Of Four (4) Light Poles Along Dade Boulevard, From The 17 Street Bridge To Meridian Avenue, As Part Of The Dade Boulevard Bike Path Project. (Public Works) Commission Agenda, September 14,201 1 C7 - Resolutions (Continued) 7R A Resolution Approving A Subordination Of A City Mortgage, In The Amount Of $1,024,708, Made To MBCDC: The Allen, LLC (Mortgagor) For The Rehabilitation Of The Affordable Housing Project Known As "The Allen House", Located At 2001 Washington Avenue, Miami Beach, Florida; Said Subordination, In Favor Of A $263,300 Loan (Made To MBCDC: The Allen LLC) By Great Florida Bank, In Connection With MBCDC's Reduction/Conversion Of Its Construction Financing From Great Florida Bank, In The Amount Of $500,000, To Permanent Financing, In The Amount Of $263,300; And Further Authorizing The City Manager And The City Clerk To Execute Any And All Documentation Related Thereto. (Real Estate, Housing & Community Development) C7S A Resolution Waiving, By 5/7ths Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City; And Approving And Authorizing The City Manager To Execute A Two-Year Agreement With The Salvation Army, In A Form Acceptable To The City Attorney, For The Provision Of Thirty-One (31) Shelter Beds To Be Used To Provide Emergency Shelter To The City's Homeless Population, At A Cost Of $226,300 Annually. (Real Estate, Housing & Community Development) A Resolution Authorizing The Acceptance Of A Total Of Thirty-Three Thousand Dollars ($33,000) In Cash And In-Kind Donations From The Sponsors Set Forth In This Resolution, Made To The City For Sleepless Night 201 1, A Free Citywide Arts And Cultural Event; And Further Appropriating Said Funds For Sleepless Night; And Also Accepting And Appropriating Future Donations For This Purpose; And Authorizing The City Manager Or His Designee To Make Such Expenditures And/or Reimbursements From The Aforestated Donations, In Furtherance Of And Consistent With The Aforestated Event. (Tourism & Cultural Development) A Resolution Waiving Space Rental Charges At The Miami Beach Convention Center, In The Amount Of $97,370, For The World Wrestling Entertainment's (WE) Wrestlemania XXVIII, WE Axxess Event To Be Held, At The Miami Beach Convention Center From March 29 -April I, 2012, Including Load-In And Load-Out. (Tourism & Cultural Development) C7V A Resolution Waiving Space Rental Charges At The Colony Theater, In The Amount Of $3,500, For Florida International University's College Of Architecture And Arts For Five (5) Events Held Between October 201 1 - March 201 2. (Tourism & Cultural Development) C7W A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 2 To The Management Agreement Between The City Of Miami Beach And Global Spectrum, L.P. For The Miami Beach Convention Center And Colony Theater And Byron Carlyle Theater. (Tourism & Cultural Development) (Memorandum & Resolution to be Submitted in Supplemental) Commission Agenda, September 14,201 1 C7 - Resolutions (Continued) C7X A Resolution Authorizing The Acceptance Of A Thirty-Six Thousand Three Hundred Seventy-Six Dollars ($36,376) Cash Donation From The Marilyn And Edward Gadinsky Charitable Foundation, In Support Of The Soundscape Cinema Series For Fiscal Year 201 1/12; And Authorizing The City Manager Or His Designee To Make Such Expenditures And/or Reimbursements From The Aforestated Donation, In Furtherance Of And Consistent With The Aforestated Event.. (Tourism & Cultural Development) C7Y A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Joint Participation Agreement With Miami-Dade County To Receive County Transit Surtax Funds (Construction) In The Amount Of $500,000 (Maximum) For The Construction Of Safety Improvements Along Pine Tree Drive And La Gorce Drive, From West 51'' Street To West 63' Street. (Public Works) End of Consent Agenda Commission Agenda, September 14,201 1 REGULAR AGENDA R5 - Ordinances R5A Ordinances Modifying To The Building, Fire, Planning And Public Works Department Fees Related To The Building Development Process Implemented On February 1, 201 0. 1. An Ordinance Amending Chapter 14 Of The City Of Miami Beach Code, Renaming Articles And Divisions; Amending Fees, Clarifying Administrative Processes And Their Respective Fees; Creating A Process For Reevaluating Permit Fees; Deleting Sections 14-421 Through 14-431, And 14-466 Through 14-698 In Their Entirety; And Amending Appendix A By Modifying Inspection Fees For Building, Plumbing, Electrical, And Mechanical Work, And For Other Building Department Activities; Providing For Repealer, Severability, Codification, And An Effective Date. 10:15 a.m. Second Reading Public Hearing 2. An Ordinance Amending Chapter 50 Of The City Of Miami Beach Code, By Amending Section 50-3 Thereof, Entitled "Plans Examination, Inspection, Permits"; And Amending Appendix A, By Adding New Fees And Modifying The Fee Schedule For The Fire Department Review Process; Providing For Repealer, Severability, Codification, And An Effective Date. 10:15 a.m. Second Reading Public Hearing .- 3. An Ordinance Amending Chapter 15 Of The City Of Miami Beach Code, Article II, Entitled "Zoning Review Fee Associated With The Building Process", By Amending 15-31 And Adding New Sections 15-38 Through 15-43, Thereof; And Amending Appendix A, Adding New Fees And Modifying The Fee Schedule For Zoning Review Associated With The Building Process; Providing For Repealer, Severability, Codification, And An Effective Date. 10:15 a.m. Second Reading Public Hearing 4. An Ordinance Amending Chapter 98 Of The City Of Miami Beach Code, Article Ill, Division 2, Section 98-92, Entitled "Application; Amount Of Deposit; Use Of Deposit To Replace Surface; Permit Fees," By Amending Subsection (E), Adding Subsections (F) Through (I); Amending Section 98-94, Entitled "Refunds"; And Amending Appendix A By Adding New Fees And Modifying The Fee Schedule For Public Works Review Associated With The Building Process; Providing For Repealer, Severability, Codification, And An Effective Date. 10:15 a.m. Second Reading Public Hearing (Requested by Finance & Citywide Projects Committee) (Legislative Tracking: Building Department) (First Reading on July 13, 201 1) R5B An Ordinance Amending Chapter 110 Of The City Code, Entitled "Utilities," By Amending Article IV, Entitled "Fees, Charges, Rates And Billing Procedure," By Amending Division 3, Entitled "Billing Procedure," By Amending Section 1 10-1 91, Entitled "Payment Of Bills," By Amending 1 10-1 91 (B) By Changing The Due Date For Utility Bills To 21 Days From 15 Days From The Date Of The Bill; Providing For Repealer, Severability, Codification And Effective Date. 10:20 a.m. Second Reading Public Hearing (Requested by Commissioner Jonah Wolfson) (Legislative Tracking: Finance Department) (First Reading on July 13, 201 IIReferred to FCWP) Commission Agenda, September 14,201 1 R5 - Ordinances (Continued) R5C An Ordinance Amending Chapter 46 Of The Miami Beach City Code Entitled "Environment," By Amending Article Iv Entitled "Noise" By Amending Section 46-151, Entitled "Definitions," By Amending The Definition Of Habitual To Conform To The Habitual Offender Language Set Forth In Subsections 46-1 59(A)(6) And (H); By Amending Section 46-1 52, Entitled "Adoption Of County Code Section By Reference; Unnecessary And Excessive Noises Prohibited," To Adopt The County's Noise Standards In Section 46-1 52; By Amending Section 46-1 58, Entitled "Enforcement By Code Inspectors; Notice Of Violation; Warnings; Responsibility To Provide Current Address," To Remove Certain Language In Subsection (B)(2) That Is No Longer Relevant Due To The Passage Of Time; By Amending Section 46-1 59 Entitled "Fines And Penalties For Violation; Appeals; Alternative Means Of Enforcement" To Conform The Habitual Offender Language In Subsection (H) To The Provisions In Sections 46-151 And 46-159(A)(6); And Providing For Repealer, Severability, Codification, And An Effective Date. 10:30 a.m. Second Readinn Public Hearing (Requested by Neighborhoods/Community Affairs Committee) (Legislative Tracking: City Attorney's Office) (First Reading on July 13, 201 1) R5D Parking District Boundaries And Fees In-Lieu Of Parking - An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 130, "Off Street Parking", Article II, "District Requirements", By Amending Section 130-31, "Parking Districts Established", To Expand The Boundaries Of The Existing Parking Districts; By Amending Section 130-33, "Off-Street Parking Requirements For Parking Districts Nos. 2,3 And 4," To Amend Regulations Pertaining To Parking Districts 2,3, And 4; And By Amending Article V, "Fee In Lieu Of Parking Program," Section 130-1 32, "Fee Calculation", Reducing The Yearly Fee In Lieu Of Parking From The Current Three Percent Of The One-Time Payment To A Lesser Percentage; Providing For Repealer, Codification, Severability And An Effective Date. 10:40 a.m. Second Readinn Public Hearing (Requested by Vice-Mayor Jonah Wolfson) (Legislative Tracking: Planning Department) (First Reading on June 1, 201 1) R5E South Shore Hospital - Amending The Future Land Use Map And Zoning Map 1. An Ordinance Amending The Future Land Use Map Of The Comprehensive Plan By Changing The Future Land Use Category For The Parcel Known As The "South Shore Hospital," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current PF-HD, "Public Facility, Hospital," To The Future Land Use Category Of CD-2, "Commercial, Medium Intensity;" Providing For Inclusion In The Comprehensive Plan, Transmittal, Repealer, Severability And An Effective Date.. 1 I :00 a.m. Second Reading Public Hearing An Ordinance Amending The Official Zoning District Map, Referenced In Section 142-72 Of The Code Of The City Of Miami Beach, Florida, By Changing The Zoning District Classification For The Parcel Known As The "South Shore Hospital," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current Zoning Classification HD, "Hospital District," To The Proposed Zoning Classification CD-2, "Commercial, Medium Intensity," Providing For Codification, Repealer, Severability And An Effective Date.. 11:OO a.m. Second Readinn Public Hearing (Requested by Applicant - South Beach Heights I, LLC) (Legislative Tracking: Planning Department) (First Reading on September 15, 201 0) Commission Agenda, September 14,201 1 R5 - Ordinances (Continued) R5F An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending Section 10-1 1, Entitled "Running At Large Prohibited" By Extending The Pilot Program Off-Leash Area For Dogs In South Pointe Park Until January 1, 2012 And By Adding Two (2) Hours In The Evening From 5:00 p.m. To 7:00 p.m. On Monday Through Friday; Providing For An Off-Leash Area On The Par 3 Golf Course From Sunrise To 9:00 A.M. Daily And From 5:00 p.m. To 7:00 p.m. On Monday Through Friday Until Construction Commences On The Par 3 Golf Course; Providing For Repealer, Severability, Codification, And An Effective Date. First Readinq (Requested by Commissioner Jonah Wolfson) (Legislative Tracking: Parks & Recreation) R5G An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 82, "Public Property," Article IV, "Uses In Public Rights-Of-Way," Division 6, "Prohibited Signs Over Public Property," Section 82-414 "Permitted Signs, Shelters And Advertising In Public Rights-Of-Way", To Permit Advertising On Bicycle Rental Stations As Part Of A City Bike Sharing Program; Providing For Codification, Repealer, Severability And An Effective Date. First Reading (Requested by Commissioner Jorge Exposito) (Legislative Tracking: Planning Department) R5H An Ordinance Granting To Florida Power And Light Company, Its Successors And Assigns, An Electric Franchise Imposing Provisions And Conditions Relating Thereto, Providing For Monthly Payments To The City Of Miami Beach, And Providing For An Effective Date. First Reading (Requested by the Budget Process) (Legislative Tracking: Public Works) (Item submitted in a separate "Budget Related Items" book) R51 An Ordinance Amending Chapter 110 Of The Miami Beach City Code Entitled "Utilities," Amending Article IV, Entitled "Fees, Charges, Rates And Billing Procedure Thereof;" Amending Division 2 Thereof, Entitled "Rates, Fees And Charges;" By Amending Appendix A, Entitled "Fee Schedule" To Increase The Sanitary Sewer Service Charges Imposed By The City Pursuant To Section 110-168 (a); Providing For Codification, Repealer, Severability, And An Effective Date. First Reading (Requested by the Budget Process) (Legislative Tracking: Public Works) (Item submitted in a separate "Budget Related Items" book) Commission Agenda, September 14,201 1 R5 - Ordinances (Continued) R5J Minimum Unit Size And Parking Requirements For Affordable Housing Projects An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 130 "Off- Street Parking," Section 130-32 "Off-Street Parking Requirements For Parking District No. 1 ," And Section 130-33 "Off-Street Parking Requirements For Parking Districts Nos. 2,3, And 4," By Adding Parking Requirements For Housing For Low And/or Moderate lncome Non-Elderly Persons; Chapter 142 "Zoning Districts And Regulations," By Amending Article IV. "Supplementary District Regulations," By Amending Division 6. "Housing For Low AndlOr Moderate lncome Elderly Persons," By Including Non-Elderly Persons In The Regulations; Amending Section. 142-1 181, "Purpose," Section 142-1 182 "Definitions," Section 142-1 183, "Unit Size," And Section 142-1 184 "Mandatory Criteria;" Amending Division 3. "Residential Multifamily Districts," Subdivision II. "RM-1 Residential Multifamily Low Intensity," Subdivision IV. "RM-2 Residential Multifamily, Medium Intensity," Subdivision V. "RM-3 Residential Multifamily, High Intensity," Division 4. "CD-1 Commercial, Low Intensity District," Division 5. "CD-2 Commercial, Medium lntensity District," Division 6. "CD-3 Commercial, High lntensity District," And Division 18. "PS Performance Standard District," By Including References To Division 6. "Housing For Low AndlOr Moderate lncome Non-Elderly And Elderly Persons." Providing For Repealer, Severability, Codification And An Effective Date. Reading (Requested by Land Use and Development Committee) (Legislative Tracking: Planning Department) R5K Amendments To The Roofing Material Ordinance An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, '"oning 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 (Requested by City Commission) (Legislative Tracking: Planning Department) R7 - Resolutions R7A1 A Resolution Adopting: 1) The Tentative Ad Valorem Millage Of 6.2155 Mills For General Operating Purposes, Which Is Five And Three-Tenths Percent (5.3%) More Than The "Rolled-Back" Rate Of 5.9029 Mills; And 2) The Debt Service Millage Rate Of 0.2884 Mills; Further Setting The Second Public Hearing To Consider The Millage Rate For Fiscal Year (FY) 201 111 2, On Tuesday, September 27, 201 1 At 5:01 p.m. 5:01 0.m. First Reading Public Hearing (Office of Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) R7A2 A Resolution Adopting Tentative Budgets For The General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, And Internal Service Funds For Fiscal Year 201 111 2 Subject To A Second Public Hearing Scheduled On Tuesday, September 27,201 1 At 5:01 p.m. 5:Ol p.m. First Readinn Public ~earini (Office of Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) Commission Agenda, September 14,201 1 R7 - Resolutions (Continued) R7B1 A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood lmprovement District Adopting The Tentative Ad Valorem Millage Of 1.0935 Mills For Fiscal Year (FY) 2011112 For The Normandy Shores Local Government District, Which Is Nine And Nine-Tenth Percent (9.9%) More Than The "Rolled-Back Rate Of 0.9946 Mills Subject To A Second Public Hearing Scheduled On Tuesday, September 27,201 1 At 5:02 p.m. 502 p.m. First Readinn Public Hearing (Office of Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) R7B2 A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood lmprovement District Adopting The Tentative Operating Budget For Fiscal Year (FY) 201 1112 Subject To A Second Public Hearing Scheduled On Tuesday, September 27,201 1 At 5:02 p.m. 5:02 p.m. First Readinn Public Hearing (Office of Budget & Performance Improvement) (Item submitted in a separate "Budget Related Items" book) / - R7C A Resolution Calling For A General Election To Be Held On November 1,201 1 In The City Of Miami Beach For The Purpose Of Electing A Mayor And Three City Commissioners (Groups IV, V, And VI); Providing For Conduct Of Same By The Miami-Dade County Elections Division; Providing That Voting Precincts Shall Be Those As Established By Miami-Dade County; Providing For Notice Of Election; Providing For The Form Of Ballot And Registration Of Voters In Accordance With State Law; Providing For Payment For Conducting Election To Miami-Dade County. (City Attorney's Office) R7D Designation Of The City Of Miami Beach Canvassing Board For November 1,201 1 General Election. (City Attorney's Office) R7E A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Request For Qualifications (RFQ) No. 31-1011 1, For Architectural, Engineering, Design, Bid And Award, And Construction Administration Services For The Collins Park Garage; And Authorizing The Administration To Enter lnto Negotiations With The Top-Ranked Firm, Zaha Hadid Limited TIA Zaha Hadid Architects; And Should The Administration Not Be Able To Successfully Negotiate An Agreement With The Top-Ranked Firm, Authorizing The Administration To Negotiate With The Second-Ranked Firm, Brooks + Scarpa Architects, Inc.; And Should The Administration Not Be Able To Negotiate An Agreement With The Second-Ranked Firm, Authorizing The Administration To Negotiate An Agreement With The Third-Ranked Firm, Oppenheim Architecture + Design LLP. (Capital lmprovement ProjectslProcurement) R7F A Resolution Authorizing The City Administration To Enter lnto An Agreement With The Trustmark Companies And Colonial Life Accident And lnsurance Company To Provide A Voluntary Accident lnsurance Plan, Fully Funded By Employee Contributions. (Human Resources) Commission Agenda, September 14,201 1 R7 - Resolutions (Continued) R7G A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals Pursuant To Request For Proposals (RFP) No 33-1 011 1, For Consulting Services Relative To The Expansion And Enhancement Of The Miami Beach Convention Center (MBCC) CampusIDistrict; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Proposer, Strategic Advisory Group, And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer, Authorize The Administration To Negotiate With The Second-Ranked Proposer, HVS Convention, Sports & Entertainment Consulting; And Should The Administration Not Be Successful In Negotiating An Agreement With The Second-Ranked Proposer, Authorize The Administration To Negotiate With The Third-Ranked Proposer, HR &A Advisors, Inc. (City Manager's OfficeIProcurement) (Memorandum & Resolution to be Submitted in Supplemental) R9 - New Business and Commission Requests R9A Board And Committee Appointments. (City Clerk's Office) R9AI Board And Committee Appointments - City Commission Appointments. (City Clerk's Office) R9A2 Nominate Juan Rojas To The Affordable Housing Advisory Committee For The BankingIMortgage Slot (Seat Two). (Requested by Commissioner Jorge Exposito) R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.) R9C The Committee Of The Whole Will Meet During Lunch Recess Of The September 14, 201 1 City Commission Meeting At The City Manager's Office Large Conference Room To Discuss Security Analysis By The Police Department Investigation Related To Security Of The Mayor And Commission Offices And Chamber. (Requested by Commissioner Jorge Exposito) R9D Discuss And Refer To The NeighborhoodsICommunity Affairs Committee - An Ordinance Amending Procedures To Provide Local Preference To Miami Beach-Based Vendors In The Award Of Contracts For Goods And General Services, By Amending Chapter 2 Of The Code Of The City Of Miami Beach Entitled, "Administration," By Amending Article VI Thereof Entitled, "Procurement," By Amending Division 3 Entitled, "Contract Procedures," By Amending Section 2-372 Thereof; Providing For Codification, Repealer, Severability, And An Effective Date. (Requested by Commissioner Jerry Libbin) Commission Agenda, September 14,201 1 R9 - New Business and Commission Requests (Continued) R9E Discuss And Refer To The Neighborhoods/Community Affairs Committee - An Ordinance Implementing Procedures To Provide A Vendor Preference In The Award Of Contracts For Goods And Contractual Services, To Florida Small Businesses Owned And Controlled By Veterans And To State-Certified Service-Disabled Veteran Business Enterprises By Amending Chapter 2 Of The Code Of The City Of Miami Beach Entitled, "Administration," By Amending Article VI Thereof Entitled, "Procurement," By Amending Division 3 Entitled, "Contract Procedures," By Creating Section 2-374; Providing For Codification, Repealer, Severability, And An Effective Date. (Requested by Commissioner Jerry Libbin) R9F Discussion Regarding A Letter In Reference To The Maintenance Contract For Lincoln Road And A Request For Explanation From Administration. (Requested by Commissioner Jonah Wolfson) R9G Discussion Regarding Changes Made To The Disability Access Committee. (Requested by Commissioner Jonah Wolfson) R9H Report From Altos Del Mar Sculpture Park On Required Proof Of Financing Pursuant To Management Agreement. (Tourism & Cultural Development) R91 Discussion Regarding Staffing Of The Police Department. (Requested by Vice-Mayor Edward L. Tobin) R9J Discussion Regarding The Renovation Of The Flamingo Park Youth Softball (And Soccer) Field Restroom/Flamingo Park Master Plan. (Requested By Vice-Mayor Edward L. Tobin) R9K Update Regarding Dredging In Government Cut And Plans For Raw Sewage Festival In October. (Requested By Vice-Mayor Edward L. Tobin) R9L Discussion Regarding The Status Of The FDOT Tunnel In Light Of Recent Developments. (Requested by Mayor Matti Herrera Bower) Commission Agenda, September 14,201 1 R10 - Citv Attorney Reports Rl OA Attorney Client Session Pursuant To s286.011, Florida Statutes, The City Attorney Hereby Advises The Mayor And City Commission That He Desires Advice Concerning The Following Pending Litigation Matter: The Citv Of Miami Beach V. The Board Of Trustees Of The City Pension Fund For Firefighters And Police Officers In The Citv Of Miami Beach, 11 th Circuit Court Case #I 1-01443 CA 08 Therefore, A Private Closed Attorney-Client Session Will Be Held During The Lunch Recess Of The City Commission Meeting On September 14,201 1 In The City Manager's Large Conference Room, Fourth Floor, City Hall, To Discuss Settlement Negotiations And/or Strategy Related To Litigation Expenditures With Regard To The Above-Referenced Litigation Matter. The Following Individuals Will Be In Attendance: Mayor Matti Herrera Bower; Members Of The City Commission: Jorge Exposito, Michael Gongora, Jerry Libbin, Edward Tobin, Deede Weithorn And Jonah Wolfson; City Attorney Jose Smith, City Manager Jorge Gonzalez, Chief Deputy City Attorney Donald Papy, Special Counsel David Miller, James Crosland And James Linn. Reports and Informational ltems Reports and Informational ltems (see LTC #223-2011) End of Regular Agenda MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov HOW A PERSON MAY APPEAR BEFORE THE ClTY 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 MBTV 77, AND ARE AVAILABLE IN THE ClTY CLERK'S OFFICE. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 9:00 A.M. GENERALLY THE CITY COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST. 1. DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The Forum is split into two (2) sessions, 12:30 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 MBTV 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. / 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 Thursday morning prior to the regularly scheduled City Commission meeting. The Agenda and backup materials are also available on the City's website: www.miamibeachfl.gov the Thursday prior to a regularly scheduled City 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 subiect 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 Consideration" 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 Mondav 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. 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 (305)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. 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 hearinq may do so and will be allowed sufficient time, within the discretion of the Mayor, to present their views. 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 January 19 February 9 March 9 April 1 3 May 1 1 June 1 (Wednesday] (Wednesday) (Wednesday] (Wednesday) (Wednesday] July 13 Wednesday) August - Cify Commission in recess September 1 4 October 19* November 2 November 16 Alternate Meetings (Wednesday) January 26 February 16 March 16 April 27 May 18 July 20 (Wednesday) (Wednesday] October 26 (Wednesday) - Election related only (Wednesday) - If Run-off Election only December 14 (Wednesday] December 2 1 F:\CLER\$ALL\a City Commission\201 1 Schedule of City of Miami Beach.docx (Wednesday) (Wednesday) (Wednesday] (Wednesday] Wednesday) (Wednesday) (Wednesday) CITY CLERK’S OFFICE LOBBYIST LIST F:\CLER\COMMON\2011\20110914\Lobbyist List.doc September 14, 2011 Commission Meeting LOBBYIST NAME RETAINED BY DATE REGISTERED DISCLOSURE C7N Set Public Hearing, Consider Granting Revocable Permit For Comco LLC, 701 Lincoln Road. Michael Larkin Michael Comco, LLC 06/28/2011 $435 per hour C7O Set Public Hearing, Consider Granting Revocable Permit For 420 Lincoln Road Dev. Group Inc. Andrew Frey 420 Lincoln Road 02/19/2009 $310 per hour Les Bellinson PLC Paul Cejas, Vivian Garcia 05/24/2011 $250 per hour Lucia Dougherty Paul Cejas 05/24/2011 $700 per hour Neisen Kasdin 420 Lincoln Road 02/19/2009 $550 per hour C7W Execute Amendment 2 To Agreement With Global Spectrum, MBCC, Colony Theater And BCT. Robert Goodman Frank E. Russo, Jr./Global 04/08/2008 TBD R5D 10:40 a.m. 2nd Rdg, Parking District Boundaries And Fees In-Lieu Of Parking. (Wolfson) Andrew Frey Diego Ardid Key Int’l 02/26/2009 $310 per hour Neisen Kasdin Diego Ardid, Key Int’l 02/26/2009 $550 per hour R5E 11:00 a.m. 2nd Rdg, South Shore Hospital - Amend Future Land Use Map And Zoning Map. Jonathan Cardello South Beach Heights I, LLC 12/15/2008 $60,000 Russell Galbut South Beach Heights I, LLC 01/12/2009 No comp. R5H 1st Rdg, Grant FPL An Electric Franchise Imposing Provisions For Monthly Payments Aletha Player Florida Power & Light, Co. 12/09/2010 Employee Presentations and Awards PA1 Certificates Of Completion To Be Presented To The City Of Miami Beach Neighborhood Leadership Academy Graduates Spring 201 1 Class. (City Manager's Office) PA2 Certificate Of Appreciation To Be Presented To Chef Carlos Renta Of Artistik Catering For His Participation In The "Cooking On A Budget Workshop" For Elders. (City Manager's Office) PA3 Presentation Of The Parks And Recreation Department's Teen Club Drug & Gang Prevention Program College Scholarship Award, To Tania Centeno And Karen Gonzalez, For Their Achievements, Commitment And Contributions To Their Community, Fellow Teens And Families While Participating In The Miami Beach Teen Club. (City Manager's OfficeIParks & Recreation) PA4 Presentation By The National Weather Service Designating The City Of Miami Beach A Storm Ready Community. (Requested by Commissioner Jonah Wolfson, City Manager's Office & Fire Department) PA5 Presentation By Heather Rohan, CEO Of Aventura Hospital And Medical Center. (Requested by Commissioner Jonah Wolfson) (Deferred from July 13, 201 1) PA6 Certificates Of Recognition To Be Presented To Esperanza Isabel Menendez, Participant And Her Employer, Catalyst Of Miami 1 UNIDAD1s Senior Placement Program. (Requested by Commissioner Jonah Wolfson) PA7 Proclamation Declaring Hispanic Heritage Month. (Requested by Mayor Matti Herrera Bower) PA8 Proclamation To Be Presented To Bill Sussman, The Alzheimer's Association, For The Alzheimer's Association 201 1 Miami Dade Walk To End Alzheimer's On October 29, 201 1. (Requested by Mayor Matti Herrera Bower) PA9 Certificate Of Recognition To Be Presented To Miguell Del Campillo, HACMB, For Being Named The Housing Authority Of The Year 201 1 For Providing Outstanding Affordable Housing In Florida. (Requested by Mayor Matti Herrera Bower) I Agenda Item ?A I - 18 I Date '?-lq-ll Presentations and Awards (Continued) PA10 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For May-July 201 1. (Page) (Requested by Commissioner Jorge R. Exposito) PA1 I Certificate Of Appreciation To Be Presented To Rabbi Yitzchak Zweig For His Work Creating A Kosher Food Bank For Residents In Our Community. (Requested By Vice-Mayor Edward L. Tobin) PA12 Certificate Of Appreciation To Be Presented To Mr. Joe Moniz, For Hosting Our Senior Citizen Residents At Walmart's Senior Nutrition Education Event At His Store In North Miami Beach. (Requested By Vice-Mayor Edward L. Tobin) PA13 Proclamation To Be Presented To Marcia Jo Zerivitz Upon Her Retirement As The Director Of The Jewish Museum Of Florida. (Requested by Commissioner Deede Weithorn) PA14 Certificate Of Recognition To Be Presented To Officer Elio Sanchez For Outstanding Police Work. (Requested by Commissioner Jerry Libbin) PA1 5 Key To The City To Be Presented To Detective Eric Figueroa For His Military Service. (Requested by Commissioner Jerry Libbin) PA16 Certificate Of Recognition To Dr. Rodolfo Dumenigo, M.D., For Providing Free Healthcare And Training To Seniors. (Requested by Commissioner Jerry Libbin) PA17 Certificate Of Recognition To Be Awarded To Unyess And Mel Safra Of Bagel Time For Their Long Standing Contribution To The City Of Miami Beach. (Requested by Commissioner Michael Gongora) PA18 Certificate Of Recognition To Be Awarded To The Clifton South Beach For Being The First LEED Certified Building In The City Of Miami Beach. (Requested by Commissioner Michael Gongora) COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Issue A Request For Proposals ("RFP) For The Purchase And Installation Of The New Multi-Space Stations For The City's Parking System Key Intended Outcome Supported: lmprove Parking Availability; lmprove process through information technology Supporting Data (Surveys, Environmental Scan, etc: 77% of residents rated availability of Parking across ~iami Beach as too little or much too little. ssue: Shall the Mayor and City Commission approve the issuance of the RFP? tem Summary/Recommendation: The City's Parking Department currently has 500 multi-space pay stations, in "pay and display" mode deployed throughout the City in on-street and off-street locations. Parkeon is the manufacturer of the current equipment (DG Classic and Strada models). These units were installed in 2004 and have served us well; however, the DG Classic is at the end of its product line and replacement parts are increasing difficult to attain. In fact, Parkeon no longer manufactures replacement parts or supports the DG Classic model. This places a significant strain in maintaining these units operational as replacement parts are only available through after market sources. Additionally, while Parkeon has provided software and communication upgrades for their Strada model, multi-space pay station technology has significantly advanced since 2004. There are a number of manufacturer's in the industry, including Parkeon, which provide multi-space pay stations with enhanced functionalities, including pay and display; pay by space; pay by cell; pay by license plate; and back of office functionalities. Therefore, it is both timely and reasonable for the City to issue a competitive process to evaluate these systems. The City of Miami Beach will seek proposals from qualified vendors for the purchase and installation of up to 750 new multi-space pay stations for its on-street and off-street parking locations. The City currently has 500+ multi-space pay stations throughout the City and is looking to replace its existing equipment as well expand the installation of pay stations throughout Middle and North Beach. Purchase and installation is anticipated to occur after January 1, 2012. The City reserves the right to award and contract with up to two (2) vendors and may purchase any number of units, including either all; none, or combination from either vendor. The City reserves the right to increase or decrease the number of units purchased from either one or both vendors. The City intends to provide the residents, tourists, and patrons of the City with the latest state-of-the art technology in multi-space pay stations. We are looking for innovative parking pay stations that are fully functional in a tropical climate with high humidity; in close proximity to the ocean and its elements; and durable in storm conditions, including hurricanes. The multi space pay stations must also be compatible with pay-by-phone technology. Specifications for the integration of pay-by-phone, should it be required, must be available either through the firm or under separate agreement with a third party vendor. This shall be selected at the City's sole and absolute discretion. I APPROVE ISSUANCE OF AN RFP. I Advisory Board Recommendation: I NIA "ca# AGENDA lTLU Financial Information: DATE 9"/Y"// Account Source of Funds: OBPl Financial Impact Summary: NIA Legislative Tracking: I Total Amount NIA 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: September 14,201 1 SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE PURCHASE AND INSTALLATION OF NEW MULTI-SPACE PAY STATIONS FOR ITS ON-STREET AND OFF STREET PARKING LOCATIONS ADMINISTRATION RECOMMENDATION Approve the issuance of the RFP. KEY INTENDED OUTCOME lmprove Parking Availability; lmprove process through information technology. ANALYSIS The City's Parking Department currently has 500 multi-space pay stations, in "pay and display'' mode deployed throughout the City in on-street and off-street locations. Parkeon is the manufacturer of the current equipment (DG Classic and Strada models). These units were installed in 2004 and have served us well; however, the DG Classic is at the end of its product line and replacement parts are increasing difficult to attain. In fact, Parkeon no longer manufactures replacement parts or supports the DG Classic model. This places a significant strain in maintaining these units operational as replacement parts are only available through after market sources. Additionally, while Parkeon has provided software and communication upgrades for their Strada model, multi-space pay station technology has significantly advanced since 2004. There are a number of manufacturer's in the industry, including Parkeon, which provide multi-space pay stations with enhanced functionalities, including pay and display; pay by space; pay by cell; pay by license plate; and back of office functionalities. Therefore, it is both timely and reasonable for the City to issue a competitive process to evaluate these systems. A scope of services and technical specifications has been developed for inclusion in the request for proposals. The technical specifications are minimum requirements which are broadly based to enhance the competitive process. SCOPE OF SERVICES The City of Miami Beach is seeking proposals from qualified vendors for the purchase and installation of up to 750 new multi-space pay stations for its on-street and off-street parking locations in accordance with the Request for Proposals (RFP). The City currently has 500+ multi-space pay stations throughout the City and is looking to replace its existing equipment as well expand the installation of pay stations throughout Middle and North Beach. Purchase and installation is anticipated to occur after January 1, 2012. The City reserves the right to award and contract with up to two (2) vendors and may purchase any number of units, including either all; none, or combination from either vendor. The City reserves the right to increase or decrease the number of units purchased from either one or both vendors. The City intends to provide the residents, tourists, and patrons of the City with the latest state-of-the art technology in multi-space pay stations. We are looking for innovative parking pay stations that are fully functional in a tropical climate with high humidity; in close proximity to the ocean and its elements; and durable in storm conditions, including hurricanes. The multi space pay stations must also be compatible with pay-by-phone technology. Specifications for the integration of pay-by-phone, should it be required, must be available either through the firm or under separate agreement with a third party vendor. This shall be selected at the City's sole and absolute discretion. PHASED DEPLOYMENT OF REPLACEMENT AND NEW UNITS Currently, there are 500 multi-space pay stations deployed throughout the City. Of these 500 units, 250 are the DG Classic model and the balance is the Strada model. The deployment of replacement units would be phased commencing with all DG Classic units (Phase I) since this model is no longer in production and its replacement parts are no longer available. Phase I is estimated to be completed within six months, contingent upon varying factors including production runs by the manufacturer. Phase 11 (250 units) would replace the balance of the units in service (Strada model) and would be completed within four to six months. Lastly, Phase Ill, approximately 200 units, would be new installations which will replace the balance of the single space parking meters throughout the City. Phase Ill is estimated to be completed within four months. The timeline for completion of all three phases is estimated to be sixteen (16) months. Upon completion of Phase Ill, it is estimated that 90% of the metered spaces throughout the City will be operated via multi-space pay stations. There will be a contingency of 50 units in inventory to serve as temporary replacement units due to prescribed maintenancelupgrades andlor malfunctions of in-service units. EQUIPMENT WARRANTYIEXTENDED MAINTENANCE Vendor shall include a two-year initial warranty on parts and materials, labor and incidentals. Vendor shall also include pricing for the City's option to purchase up to five additional years (years 3 through 7) of extended on-site maintenancelsoftware support and updates, which will be applicable after the expiration of the initial two year warranty. The Citv will consider the cost of extended maintenance as a Dart of the total cost of acquisition of the ~roposed svstem. The City's Parking Services will be the first line of maintenance to repair, replace or investigate concerns with the pay stations. If Parking Department's Meter Maintenance Unit is unable to correct the problem, the vendor shall provide on-site services within twenty-four (24) hours of being informed. Proposer shall include a copy of the standard maintenance agreement as a part of the RFP response. Such agreement shall be subject to City review, modification, and acceptance. The vendor shall provide the City with three sets of printed hardware and software documentation; manuals; and parts price list with system delivery. EVALUATION PROCESS The procedure for Proposal evaluation and selection is as follows: 1) Request for Proposals issued. 2) Receipt of proposals. 3) Opening of responses and determination if they meet the minimum standards of responsiveness. 4) An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. Proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5) The Evaluation Committee shall recommend to the City Manager the proposal or proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. The Evaluation Committee shall base its recommendations on the following factors, for a total of 100 possible points: Experience and Past Performance 20 pts. Quality and Capabilities of the Proposed Solution 30 pts Technical Support 10 pts Cost Effectiveness of Proposal 30 pts Financial Stability 10 pts Total: 1 OOpts 6) After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the response or responses, acceptance of which the City Manager deems to be in the best interest of the City. 7) The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject the City Manager's recommendation(s) and select another response or responses. In any case, City Commission shall select the response or responses, acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 8) Negotiations between the selected respondent and the City take place to arrive at agreement terms. If the City Commission has so directed, the City may proceed to negotiate an agreement with a respondent other than the top ranked respondent if the negotiations with the top ranked respondent fail to produce a mutually acceptable agreement within a reasonable period of time. 9) A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 10) If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract@) after the selected respondent(s) has (or have) done so. Should the Mayor and Commission authorize the issuance of this RFP, all procurement rules (i.e. Cone of Silence, etc.) will apply. CONCLUSION The Administration recommends that the Mayor and the City Commission authorize the issuance of a Request for Proposals (RFP) for the purchase and installation of new multi-space Pay Stations for its on-street and off-street parking locations. T:\AGENDA\2011\9-14-1 I\Multi Space Pay Station RFP Memo (2).doc COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To Apex Pest Control Inc., Pursuant To Invitation To Bid (ITB) No.26-10-11 To Provide Pest Control and Fertilization Services In The Estimated Annual Amount of Key Intended Outcome Supported: I Maintain Miami Beach public area and rights of way Citywide. I 1 Su~~ortina Data (Surveys, Environmental Scan, etc 82.7% of Miami Beach residents responding I I to ti; 2009;atisfaction survey indicated that the landscape maintenance in right of way and public area was excellent or good. .WWU". Shall the Mayor and City Commission approve the award of contract? Item Summary1Recommendation: The ITB was issued on June 1, 201 1, with an opening date June 30, 201 1. A pre-bid conference to provide information to contractors submitting bids was held on June 10,201 1. BidSync issued bid notices to I3 prospective bidders, and Bidnet issued bid notices to 53 prospective bidders, additionally, the Procurement Division sent the notices to four (4) prospective bidders. The notices resulted in the receipt of three (3) bids from the following firms: (1) Apex Pest Control, Inc., (2) Florida Turf and Landscape; and (3) Tower Pest Control Inc., The purpose of this bid is to establish a contract with a qualified vendor for Pest Control and Fertilization Services in order to achieve the overall quality objective, which is to maintain the landscaping in the City of Miami Beach in a healthy, growing, safe, clean and attractive condition throughout the year. Based on the analysis of the bids received, the Administration recommends that the City award a contract to Apex Pest Control Inc., pursuant to ITB 26-1011 1, To Provide Pest Control and Fertilization Services City wide. APPROVE THE AWARD OF CONTRACT. Advisory Board Recommendation: I nla I Financial Information: I I I Financial Impact Summary: u I OBPl City Clerk's Office Legislative Tracking: I Gus Lopez Procurement Division Director @ 6641 Account Parks and Recreation Professional Services Account 01 1-0940-0031 2 I I Total I MIAMIBEACH Amount $59,987.20 Source of Funds: m AGENDA ITEM c2B DATE .- 1 2 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 Manager DATE: September 14,201 1 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT TO APEX PEST CONTROL, INC., PURSUANT TO INVITATION TO BID (ITB) NO. 26- 10I11, TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICES, IN THE ESTIMATED ANNUAL AMOUNT OF $59,987.20 ADMINISTRATION RECOMMENDATION Approve the Award of Contract. KEY INTENDED OUTCOME SUPPORTED Maintain Miami Beach Public Areas & Rights of Way Citywide FUNDING $59,987.20 - Parks and Recreation Professional Services General Fund Account No. # 01 1 - 0940-00031 2 The Parks and Recreation Department estimated budget is $75,000. By awarding the contract to the lowest total bid, the City realizes a cost savings of $1 5,012.80. BID PROCESS The ITB was issued on June 1, 201 1, with an opening date June 30, 201 1. BidSync issued bid notices to 13 prospective bidders, and Bidnet issued bid notices to 53 prospective bidders. Additionally, the Procurement Division sent the notices to four (4) prospective bidders. The notices resulted in the receipt of three (3) bids from the following firms: Apex Pest Control, Inc., Florida Turf and Landscape, and Tower Pest Control, Inc., On July 5, 2011, the Procurement Division sent the bids received to the following individuals for evaluation: Kevin Smith, Parks and Recreation Director John Oldenburg, Parks and Recreation Assistant Director Domingo Macias, Parks Superintendent Brenda Carbonell, Parks and Recreation Analyst Commission Memo September 14,201 1 ITB-26-10-11 Provide Pest Control and Fertilization Services The individuals evaluated the three (3) bids received. The lowest and best bid was submitted by Apex Pest Control, Inc. The Parks and Recreation staff stated that after reviewing the three (3) bids they feel comfortable awarding a contract to the lowest overall responsive bidder, Apex Pest Control, Inc. ANALYSIS The purpose of this ITB is to establish a contract with a qualified vendor for Pest Control and Fertilization Services in order to achieve the overall quality objective, which is to maintain the landscaping in the City of Miami Beach in a healthy, growing, safe, clean and attractive condition throughout the year. The contracted vendor will be required to adhere to the ongoing Integrated Pest Management (IPM) practices in use within the city. These practices minimize the use of chemicals and emphasize proper horticultural methods to ensure the overall vitality of the landscape. The work shall include, but not be limited to, the supply of staff, expertise and equipment to apply herbicide/insecticide/fungicide as needed and various forms of fertilizer as scheduled. The City will supply all materials (pesticides and fertilizers) required to provide the contracted services as detailed in the scope of work. The City will work in concert with the vendor to research, test and evaluate new methods and materials as industry innovations occur in the effort to utilize the most sustainable products available which are deemed appropriate for use on public properties. This contract shall remain in effect for two (2) years from date of contract execution by the Mayor and City Clerk, and may be renewed by mutual agreement for two (2) additional years, on a year-to-year basis. The City reserves the right to add new services and/ or develop and/or improve existing sites. New services to be added shall be evaluated by both the City and the contractor for the mutual determination of a fair unit cost, to be based upon similar services andlor similar services rendered at a similar site. Services deleted and later re-added shall be re-added at the original contract unit cost, plus any index adjustment. DUE DlLLlGENCE In an effort to ensure the lowest possible cost and fair competition, Procurement reviewed the past performance evaluation surveys from clients of Apex Pest Control, Inc. Apex has been providing the same services to the following entitles: The Marlins Stadium Garage: Miami-Dade County; City of Miami; and many commercial projects, including Wal-mart; Winn-Dixie; and Doral Academy High School. The scoring from all of these entitles was ten (10) for all categories, based on overall customer satisfaction, performance and quality of products. BID RESULTS The bid results are tabulated and attached. CONCLUSION Based on the analysis of the bids received, the Administration recommends that the City award a contract to Apex Pest Control pursuant to ITB 26-10/11- Provide Pest Control and Fertilization Services. PROVIDE PEST CONTROL AND FERTILIZATION SERVICES I hours I Labor Rate I I Labor Rate 1 TOWER PEST CONTROL INC. APEX PEST CONTROL INC. I Labor Rate (per I Annually FLORIDA TURF AND LANDSCAPE I Est. I I hour) $ 33.46 Job Classification PEST CONTROL TECHNICIAN (INCLUDE COSTS FOR SUPERVISION. EQUIPMENT AND Total $ 69,596.80 (per hour) $ 28.84 Annually 2080 (8 hrslday x 5 dayslweek) I (8 hrslday x 5 dayslweek) I Annual Total $ 59,987.20 (8 hrslday x 5 dayslweek) I (per hour) $ 33.00 Annually Total $ 68,640. COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To ShowTurf, LLC., Pursuant To Invitation To Bid (ITB) No. 38-10-1 1 For Lease Of Golf Course Turf Maintenance Equipment For The Miami Beach Golf Club, For A Period Of Forty-Eight (48) Months, With Monthly Installments of $7,521.38 For The First Lease Schedule Beginning On October I, 201 I, And Monthly Installments Of $3,804.46 For The Second Lease Schedule Beginning April 1,2012, For A Total Annual Amount Of $135,910.08, And Authorize The Mayor And City Clerk To Execute A Four Year Master Lease Agreement With Deere Credit, Inc. In The Total Amount Of $543,640.32. Key Intended Outcome Supported: I Increase Satisfaction with Recreational Programs I Supporting Data (Surveys, Environmental Scan, etc.): Parks and Recreation appeared as one of the most important areas affecting resident's quality of life. Of the 79% of residents and 82% of businesses rated the overall quality of the recreational programs and facilities as excellent or good and 58% of residents stated that they go to recreational facilities a couple of times a month or more. More recreational opportunities appeared as one of the changes residents would make to make Miami Beach a better place to live, work, and play. Issue: Shall the Mayor and City Commission approve the award of contract and execution of lease agreement? Item SummarylRecommendation: ( The ITB was issued on July 28,201 1 with an opening date August 18,201 1. BidSync issued bid notices to I 7 prospective bidders, and Bidnet issued bid notices to (18) prospective bidders, additionally, the Procurement Division sent notices to two (2) prospective bidders. The notices resulted in the receipt of three (3) bids from the following firms: ShowTurf, LLC; Horizon; and Hector Turf. The purpose of this ITB is to establish a 48-month Lease Agreement, by means of sealed bids, to a qualified bidder for the lease of all new Golf Course Turf Maintenance Equipment for the Miami Beach Golf Club. Two lease terms were specified as follows: 48-month lease for ltems I through 16 listed above, for delivery on October 1, 201 1. 48-Month lease for ltems 17 through 21 listed above, for delivery on April 1, 2012. The lowest and best bid was submitted by ShowTurf, LLC. The Parks and Recreation Administration stated that after reviewing the three (3) bids they feel comfortable awarding a contract toJhe lowest overall responsive bidder, ShowTurf, LLC., for items 1 through 16 to be delivered on October I ,201 1, and items 17 through 21 to be delivered on April lS', 2012. 1 APPROVE THE AWARD OF CONTRACT AND AUTHORIZE EXECUTION OF LEASE AGREEMENT [ Advisory Board Recommendation: I NIA Financial Information: I source of I I Amount I Account I I I I I OBPl I ~otall $1 35,910.08 ( I I Funds: ( I I I Financial Impact Summary: I 1 City Clerk's Office Legislative Tracking: I Gus Lopez Procurement Division Director @ 6641 $1 35,910.08 Parks and Recreation Fund Account No. 01 1-0940-00312 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: September 14, 201 1 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT TO SHOWTURF, LLC., PURSUANT TO INVITATION TO BID (ITB) NO. 38-10-11 FOR LEASE OF GOLF COURSE TURF MAINTENANCE EQUIPMENT FOR THE MIAMI BEACH GOLF CLUB, FOR A PERIOD OF FORTY-EIGHT (48) MONTHS, WITH MONTHLY INSTALLMENTS OF $7,521.38 FOR THE FIRST LEASE SCHEDULE BEGINNING ON OCTOBER 1 2011, AND MONTHLY INSTALLMENTS OF $3,804.46 FOR THE SECOND LEASE SCHEDULE BEGINNING APRIL I, 2012, FOR A TOTAL ANNUAL AMOUNT OF $135,910.08, AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE A FOUR YEAR MASTER LEASE AGREEMENT WITH DEERE CREDIT, INC. IN THE TOTAL AMOUNT OF $543,640.32. ADMINISTRATION RECOMMENDATION Approve the award of contract and authorize the execution of leases. KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs. FUNDING $135,910.08Near Parks and Recreation Fund Account No. 01 1-0970-000323 The Parks and Recreation Department annual budget is $138,000; by awarding the contract to the lowest total bid, the City realizes annual cost savings of $2,089.92 per year. BACKGROUND The Parks & Recreation Department's Golf Courses Division currently has a lease for Toro turf maintenance equipment distributed by Hector Turf, and financed through Siemens Financial Services, which provides the majority of the turf grooming equipment used to maintain the Miami Beach Golf Club. That lease expired on January 10, 201 1. At the January 19, 201 1, Commission meeting the Administration submitted a resolution seeking authorization to extend the lease, on a month-to-month basis until such time as the ITB was issued. It was noted that the issuance of the ITB for the golf course equipment was being temporarily delayed in order to permit the Administration to fully Commission Memo September 14,201 1 ITB-38-10-11 Lease of Golf Course Turf Page 2 of 5 examine a potential corporate sponsorship opportunity that could augment the required equipment list, obtain the equipment at a reduced price and/or provide the City revenue as a result of an agreed upon sponsorship package. To this end the Administration had discussions with various potential corporate partners for the provision of golf course turf maintenance equipment, as well as other multi-task maintenance equipment that could be utilized throughout the city. These potential partners included Cub-Cadet, John Deere and Toro. Although substantive discussions were held, and there may be opportunities for partnerships in the future, none of the corporations were able to commit to a workable sponsorship at this time. It should be noted however, that components of the John Deere leasing package which will result in a substantial savings to the City, can be attributed in part to the relationship built with the John Deere team during our corporate sponsorship discussions. ANALYSIS The purpose of this ITB is to establish a 48-month Lease Agreement, by means of sealed bids, to a qualified bidder for the lease of all new Golf Course Turf Maintenance Equipment for the Miami Beach Golf Club. The Bidder's lease price includes a minimum 900-hour use time per equipment, per year. The Vendor is responsible for anylall pickup, delivery, and transportation charges should an equipment replacement and/or maintenance that must be provided at a location other than the City's designated facility, including all equipment pickup transportation at the end of the 48-month lease or after any extended lease use period. Any equipment(s) which must be removed from the City's designated facilitylpremises for service, in excess of twenty-four (24) hours, will be replaced with another similar unit within forty eight (48) hours at no additional cost to the City. PreventiveIRoutine Maintenance such as cleaning, greasing and lubrication, and oil change maintenance, will be performed by the City. See below a list of the equipment included in the lease: Quantity John Deere 2500E E-Cut Hybrid Riding Greens Mower - Gas 6 each John Deere Gator TX Turf Utility complete with Linex Under-Coating Rust Protection. 8 each John Deere 1200 Hydro Rake 2 each John Deere 220 E-Cut Hybrid 4 each John Deere Aercore 800 Aerator 1 each John Deere 22B Walk Greens Mower Trailer 4 each John Deere 997 Commercial L.C. Diesel Max-Frame Z-Trak with 72-inch Side Discharge 7-Iron PRO Deck 2 each RYAN Jr. Sod Cutter 1 each Wiedenmann Super 500 Multi-Purpose Sweeper 1 each DM1 Speed Rollers 2 each John Deere set of greens Tender ConditionersIDrives for 2500EG 1 each Buffalo K Debris Blower 1 each John Deere Set of Vertical Cutting Units for the 2500EG 1 each AGRI-Metal Roller Set for the John Deere 2500 1 each Custom Spiker Set for the John Deere 2500 1 each Commission Memo September 14, 201 1 ITB-38-10-11 Lease of Golf Course Turf Page 3 of 5 16. 5-Gang Mowing Unit 17. John Deere 8700 Precision Cut Fairway Mower QA7 18. John Deere Pro Gator 2020A With Vicon Attachment 19. John Deere HD200 Select Spray With Hose Reel Attachment Complete With Foam Marker Kit 20. Dakota 41 0, with Top Dresser Mounted on a John Deere Pro Gator 2020A 21. John Deere 7200 Precision Cut Trim And Surrounds Mower 1 each 2 each 1 each 1 each I each 2 each Two lease terms were specified as follows: 48-month lease for ltems 1 through 16 listed above, for delivery on October 1, 201 1. As an alternate option, bidders were requested to submit pricing for a 48- month lease for ltems 1 though 15 listed above, for delivery on October 1, 201 1. 48-Month lease for ltems 17 through 21 listed above, for delivery on April 1, 2012. BID PROCESS The ITB was issued on July 28, 201 1, with and opening date of August 18, 201 1. BidSync issued bid notices to seven prospective bidders, and Bidnet issued bid notices to (18) prospective bidders. Additionally, the Procurement Division sent notices to two (2) prospective bidders. The notices resulted in the receipt of three (3) bids from the following firms: Show Turf, LLC; Horizon; and Hector Turf. On August 18, 201 1, the Procurement Division sent the bids received to the following individuals for evaluation: Kevin Smith, Parks and Recreation Director 0 Steve Farrell, Director of Golf for the Miami Beach and Normandy Shores Golf Clubs Alberto Pozzi, General Manager of PCM Carlos DaCruz, Office Associate V The Individuals evaluated the three (3) bids received. The lowest and best bid was submitted by ShowTurf, LLC. The Parks and Recreation Administration stated that after reviewing the three (3) bids they feel comfortable awarding a contract to the lowest overall responsive bidder, ShowTurf, LLC., for items 1 through 16 to be delivered on October lSt, 2011, and items 17 through 21 to be delivered on April lS', 2012. BID TABULATION The following Table provides the bid tabulation results for all three (3) responses to ITB NO. 38-1 011 1 : Commission Memo September 14,201 1 ITB-38-10-11 Lease of Golf Course Turf Page 4 of 5 *Hector Turf failed to submit an itemized price list of the equipment for Items 1 through 21 and was deemed non-responsive. The Master Lease Agreement has been reviewed by the City's Chief Financial Officer relative to the interest rates of financing, and the predetermined percentage of the residual value. SHOWTURF, LLC ShowTurf, LLC. is a full-line John Deere Golf & Turf Distributor. They serve the golf and sports turf market in Southern Florida, Southern Georgia, Hilton Head and the Caribbean. Some of their clients include Parkland Golf and Country Club, Boca West Country Club, Indian Creek Country Club, and La Gorce Country Club, among others. Their leasing agent is John Deere Credit, Inc., owned by John Deere Financial. *HECTOR Monthly $7,924.71 $7,478.19 $3,171.81 1'' Lease (Items 1-16) Personal Property Taxes Total lst Lease Alternate to Is' Lease (Items 1-1 5) Personal Property Taxes Total Alternate to I Lease Lease (Items 17-21) Personal Property Taxes Total 2nd Lease First and Second It should also be noted that: TURF Total $380,386.08 $28,499.34 $408,885.42 $358,953.12 $27,093.53 $386,046.65 $1 52,246.88 $ 11,169.01 $163,415.89 $572,301.3 1 Lease Term 48 Months 48 Months 48 Months Lease Total e John Deere FinancialIManufacturer owns the equipment directly; therefore, they will not pass on the cost for Personal Property Tax to a Municipal Government. This represents an additional cost savings of approximately $30,000 to the City. In our previous lease with Toro's financial representative, Siemens Financial, we were required to pay property tax in excess of $26,000 for the 48 month lease. SHOW Monthly $7,521.38 $7,171.72 $3,804.46 $743,929.96 Monthly $9,637.06 $9,096.80 $4,853.96 TURF Total $361,026.24 $0 $361,026.24 $344,242.56 $0 $344,242.56 $ 182,614.08 $0 $182,614.08 (Items rl through 21) HORIZON Total $462,578.88 $32,406.28 $494,985.16 $436,646.40 $30,588.96 $467,235.36 $232,990.08 $15,954.72 $248,944.80 $543,640.32 Commission Memo September 14,201 1 ITB-38-10-11 Lease of Golf Course Turf Page 5 of 5 John Deere has agreed to include rust-preventing under coating at no additional cost on the Turf Utility Vehicles. This is very important due to the fact the golf course frequently uses salt water from the lakes for irrigation. John Deere is providing the new 2500E-Series, Hybrid Riding Mowers, which offers fuel economy, reduces the noise of mower operations and a significant reduction in the chance for hydraulics leaks that can damage the putting greens. John Deere has reduced the residual buy back option from 20% of the original lease value proposed during sponsorship discussions, down to 17.5% on all or any individual item. CONCLUSION Based on the analysis of the bids received, the Administration recommends that the City award a contract to ShowTurf, LLC., pursuant to ITB 38-10-1 1 For Lease of Golf Course Turf Maintenance Equipment For the Miami Beach Golf Club. T:\AGENDA\2011\9-14-1 l\ITB-38-10-11 Lease of Golf Course Turf MEMO.doc MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manag FROM: Jonah Wolfson, Commissione DATE: August 23", 201 1 SUBJECT: Agenda Item Please place on the September 14'" 201 1, Commission Meeting Agenda a referral to the Land Use and Development Committee for the discussion of controlled, limited, and attentive off-leash hours at Pine Tree Park. If you have any questions, please contact Leonor Hernandez at extension 6437. We are comm~fted to provld~ng excellent publ~c servlce and safefy to all who hve, work, and play m i Agendaltem Cyh Date T-/&// THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Jorge M. Gonzalez, City Manager MEMORANDUM Jonah Wolfson, Commissioner T/1W IP' August 25'" 201 1 SUBJECT: Discussion Item for September 14th, 201 1 Commission Meeting Please place on the September 14'" 201 1, Commission meeting agenda a referral to the Finance Committee to discuss the franchising of valet parking operations in the City of Miami Beach and direction to staff to cease discussions at other levels, committees, or pilot programs until such time as the Finance Committee discusses the matter and refers it back to The Commission and The Commission makes a recommendation. If you have any questions, please do not hesitate to contact Leonor Hernandez at extension 6437. We are committed to prowd~ng excellent publ~c service and safety fo all who Ilve, work, and play m ol Agenda Item c YB I Date 9-/+// THIS PAGE INTENTIONALLY LEFT BLANK " MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION TO: Jorge M. Gonzalez, City Mana FROM: Jonah Wolfson, Commissione DATE: August 4th, 201 1 SUBJECT: Agenda Referral ltem MEMORANDUM Please place on the September 14'~, 201 1, Commission Meeting Agenda a referral to Land Use and Development Committee on artificial grass at hotels and homes and the Planning Department procedure for approving same. If you have any questions, please contact Leonor Hernandez at extension 6437. J Wll h Agenda ltem C '/c We ore commi/fed to providing eecel~en~ public service ond safely to 011 who lie wok, and ploy in 4 Date ?-/q-// THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager September 14,201 1 Referral to the Land Use Committee - Discussion Regarding a resolution approving an amendment to the Concept Plan for the property owned by 730 1'' Street Associates, LLC in Block 52 in South Pointe. INTRODUCTION At the June 28, 201 1 meeting of the Planning Board, 730 1'' St Associates, LLC requested Conditional Use approval to construct a new 7-story mixed use building, with commercial space on the ground level, robotic parking on 3 levels above ground, with a proposed %level single family residential unit above parking. The project as proposed is greater than 50,000 square feet. The subject site consists of approximately 24,000 square feet of land, which includes a vacant parcel (Lots 8, 9, 10 and 11) and an existing warehouse building on Lots 4, 5, 6, and a portion of Lot 7, which is currently housing a restaurant that is being renovated. The vacant parcel (Lots 8, 9, 10 and 11) is part of the "Concept Plan" included in the Alaska Parcel Settlement Agreement previously approved by the City Commission. The proposed project seems to be in conflict with the Concept Plan for those parcels, which specifies "I-story residential (pool deck above), 6-story residential tower (parking below)" and "pool deck (parking below" on the pedestal. As part of the Planning Board action at its June 28, 201 1 meeting, a Conditional Use Permit was issued with conditions, one of which is that the project shall be contingent upon meeting the requirements of the "Concept Plan." RECOMMENDATION Review the proposed project and recommend to the City Commission amending the "Conce~t Plan." t:\agenda\2011\9-14-1 l\referral to ludc- alaska concept plan.docx Agenda Item C l/n Date 9°1v- I/ PLANNING BOARD CITY OF MIAMI BEACH, FLORIDA PROPERTY: FILE NO. IN RE: LEGAL DESCRIPTION: MEETING DATE: 730-804 1st Street. The Application of 730 1'' St Associates, LLC requesting Conditional Use approval to construct a new 7-story mixed use building, with commercial space on the ground level, robotic parking on 3 levels above ground, with a proposed 3-level single family residential unit above parking. The project as proposed is greater than 50,000 square feet. Lots 4,5, and 6 and the east 22 feet of Lot 7 Block 52 "Ocean Beach Florida Addition No. 3, according to the Plat thereof as recorded in Plat Book2, page 81 of the Public Records of Miami-Dade County, Florida; and the west 8 feet of Lot 7 and all of Lots 8,9,10 and I I, Block 52, "Ocean Beach, Florida according to the Plat thereof as recorded in Plat Book 2, Page 81 of the Public Records of Miami-Dade County, Florida. June 28,201 1 CONDITIONAL USE PERMIT The applicant, 730 is' St Associates, LLC is requesting a Conditional Use Permit pursuant Chapter 11 8, Article IV, "Conditional Use Procedure," of the Land Development Regulations of the Code of the City of Miami Beach, Florida. Notice of the request for a Conditional Use Permit was given as required by law and mailed out to owners of property within a distance of 375 feet of the exterior limits of the property, upon which the application was made. The Planning Board of the City of Miami Beach 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 of the record for this matter: That the property in question is located in the CPS-I, Commercial Limited Mixed Use (R- PS2 for residential use) zoning district; That the Use is consistent with the Comprehensive Plan for the area in which the property is located; That 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; That structures and Uses associated with the request are consistent with the Ordinance; That the public health, safety, morals, and general welfare will not be adversely affected; That necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values. IT IS THEREFORE 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 is adopted herein, including the staff recommendation, that a Conditional Use Permit as requested and set forth above be GRANTED, subject to the conditions below, which have been accepted by the applicants: The Planning Board shall maintain jurisdiction of this Conditional Use Permit. The Board reserves the right to modify the Conditional Use approval at the time of a progress report in a non-substantive manner, to impose additional conditions to address possible problems and to determine the timing and need for future progress reports. This Conditional Use is also subject to modification or revocation under City Code Sec. 118-194 (c). This Conditional Use Permit is issued to 730 lst St Associates, LLC as owner of the property. Subsequent owners and operators shall be required to appear before the Board to affirm their understanding of the conditions listed herein. The Conditional Use Permit approved for this project shall be contingent upon meeting the requirements of the "Concept Plan," as determined by the Planning Director and City Attorney's Office, which "Concept Plan" is included as part of the Alaska Parcel Settlement Agreement previously approved by the City Commission. Substantial modifications to the plans submitted and approved as part of the application, as determined by the Planning Director or designee, may require the applicant to return to the Board for approval. All necessary variances for the entire project shall be applied for and obtained prior to applying for a Building Permit. The floor plan for the new construction shall be revised to identify the space where the only restaurant on the site will be located. The proposed use for the second commercial space proposed on the site shall be identified on the plan as well. ' An operation plan for the restaurants and commercial uses shall be submitted to Planning Department staff for review and approval prior to the issuance of a Certificate of Occupancy, Certificate of Completion or Business Tax Receipt, whichever occurs first. A security plan for the property and operation of the robotic system parking facility shall be submitted to Planning Department staff for review and approval prior to the issuance of a Certificate of Occupancy, Certificate of Completion or Business Tax Receipt, whichever occurs first. The conditions of approval for this Conditional Use Permit are binding on the applicant, the property owners, operators, and all successors in interest and assigns. Parking operation shall be by valet attendants only, except for owner's vehicles. A valet station for vehicle pickup and drop off shall be within the structure as depicted on the site plan dated 4-25-201 1 from Jonathan Cardello of ADD, Inc. Arriving vehicles shall enter the on-site driveway and exiting vehicles shall be through the alley. A mirror shall be installed at the exit in order to monitor oncoming traffic. A contract with a valet operator shall be submitted to staff for review and approval prior to a final Certificate of Occupancy or Business Tax Receipt, whichever occurs first. Storage of vehicles by valet operators for off-site facilities shall not be permitted. The off-street parking requirements for the accessory commercial space shall be satisfied within the garage. Required parking for off-site venues shall not be satisfied at this garage. The outdoor areas shown on the upper levels of the structure, forming part of the single family residence shall not be permitted to be used for commercial activity. A covenant running with the land restricting the use of the single family residence to such use shall be executed by the owner of the property, approved as to form and content by the city attorney and the planning director, recorded in the public records of Miami-Dade County and shall be submitted prior to the issuance of a building permit. The declarations within the covenant are not severable. The covenant for the single family use shall also include a stipulation that any required parking valet spaces for the residence that a valet service or operator must be provided for such parking for so long as the use continues. Should a change of use be applied for at a later date, the city shall not issue a certificate of use and occupancy for a new use until the property owner satisfies the then applicable development regulations of the City Code. "Entertainment," as defined in the City Code shall be prohibited within the site, inclusive of the accessory use restaurant, rooftop and any outdoor area. The robotic parking system and vehicle elevators must be inspected and serviced at least once per year with an annual safety report signed by a Licensed Mechanical Engineer submitted to the Planning Department. There shall be security personnel of at least one person monitoring the garage operation during hours of operation seven days a week. The structure, operation, procedures, maintenance, service response procedures, remote technical service team, local, on-site service team, and spare parts inventory shall be in accordance with the requirements of the manufacturer, Boomerang Automated Parking Systems. The facility shall ensure that noise or vibration from the operation of the robotic parking system and car elevators shall not be plainly audible or felt by any individual standing outside. Noise and vibration barriers shall be incorporated into the final design to ensure that surrounding walls decrease sound and vibration emissions outside of the parking garage. The robotic parking system shall use sound deadening material between all connections from the robotic parking system to the building in order to eliminate all sound transference and vibration in the system and the building as well. When construction has been completed, but before the commencement of the garage operations authorized by this Conditional Use Permit and before the issuance of a Business Tax Receipt, the garage operations shall be fully tested under the supervision of one of the noise consultants currently approved by the City to ensure that all aspects of the garage operation fully comply with applicable codes and this approval with respect to noise. The garage shall not begin operating until staff has received and approved in writing a final written report the noise consultant stating that as tested, all aspects sf the garage operation fully comply with the Parking Garage Noise Impact study as amended. Thereafter, all aspects of the garage operation shall fully and continuously comply with the parameters of said testing. The facility must maintain adequate backup generators sufficient to power the car elevators. The generator shall be maintained in proper operating condition. The location of the generators shall be submitted for the review and approval by staff to ensure that any negative impacts associated with the operation or testing of the equipment are minimized. The generators shall be installed in accordance with Code requirements regarding minimum floodplain criteria. Deliveries and garbage pickup shall be conducted from the alley and directly within the structure and not on the street. Trashlgarbage containers shall have rubber wheels; deliveries and pickups shall be handled and managed by a dock master supervisor who shall be responsible for controlling traffic when these activities are scheduled in order to minimize the disruption of traffic on the alleyway and the surrounding neighborhood. A high- level trashlgarbage compacting device shall be located in an air-conditioned trashlgarbage holding room within the facility; time of service for trash pick up and deliveries of merchandise shall be restricted to not before 8 a.m. and not after 6 p.m., to avoid creating a nuisance. The applicant shall submit an MOT (Method of Transportation) to Public Works Department staff for review and approval prior to the issuance of a building permit. The MOT shall address any traffic flow disruption due to construction activity on the site. A landscape plan for the entire site, prepared by a Professional Landscape 'Architect, inclusive of street trees as per the City of Miami Beach Master Street Tree Plan, shall be submitted to and approved by staff before a building permit is issued for construction. Prior to the issuance of a building permit, the applicant shall participate in a Transportation Concurrency Management Area Plan (TCMA Plan), by paying its fair share cost, as may be determined by the Concurrency Management Division. The required fees in lieu of providing the required parking shall be paid at the time of application for a building permit. The applicant shall obtain a full building permit within 18 months from the date of the meeting, and the work shall proceed in accordance with the Florida Building Code. Extensions of time for good cause, not to exceed a total of one year for all extensions, may be granted by the Planning Board. The applicant shall resolve outstanding violations and fines, if any, prior to the issuance of a building permit for the structure. The Planning Board shall retain the right to call the owner or operator back before them and modify the hours of operation or the occupant load of the accessory restaurant should there be valid complaints about loud, excessive, unnecessary, or unusual late night noise. A violation of Chapter 46, Article IV, "Noise," of the Code of the City of Miami Beach, Florida (alkla "noise ordinanceJ'), as may be amended from time to time, shall be deemed a violation of this Conditional Use Permit and subject to the remedies as described in section 11 8-1 94, Code of the City of Miami Beach, Florida. This 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, andlor it is appropriate to modify the remaining conditions or impose new conditions. Within a reasonable time after receipt of this Conditional Use Permit, as signed and issued by the Planning Director, the applicant shall record it in the Public Records of Miami-Dade County at the expense of the applicant. No building permit, certificate of use, certificate of occupancy, certificate of completion or business tax receipt shall be issued until this requirement has been satisfied. The establishment and operation of this Conditional Use shall comply with all the aforementioned conditions of approval; non-compliance shall constitute a violation of the Code of the City of Miami Beach, Florida, and shall be subject to enforcement procedures set forth in Section 114-8 of said Code and such enforcement procedures as are otherwise available. Any failure by the applicant to comply with the conditions of this Order shall also constitute a basis for consideration by the Planning Board for a revocation of this Conditional Use. 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. Dated this dayof +9-z/97L ,2011 G BOARD OF THE BEACH, FLORIDA BY: Richard For Chairman STATE OF FLORIDA 1 COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this ,y&of @"9da~ 20 11 , by Richard G. Lorber, Acting Planning Director of the City of Miami Beach, Florida, a Florida' Municipal Corporation, on behalf of the corporation. Notary: utCOM~9HX(#D~~~~~ Print Name/- R4.S 4 )(/I 4 & A [NOTARIAL SEAL] Noialy Public, State of Florida My Commission Expir s: /a - -- /'3 Commission Number:\ pa p/ #S/ Approved As To Form: Legal Department RESOLUTION NO. 2004-25651 A RESOLWTIQN OF TEE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING A CONCEPT PLAN FOR THE PARCELS KNOWN AS ALASKA PARCEL, GOODMAN TERRACE, THE RINSON PARCEL, BLOCKS 51 AND 52 AND BLOCK 1; AND PROVIDXNG AN EFFECTIVE DATE. WHEREAS, East Coastline Development, Ltd. ("East Coastline"), West Side Partners, Ltd. ("West Side"), among others, have initiated litigation against the City of Miami Beach (the "City") and the Department of Community Affairs, in various actions respectively claiming damages and rights under the Bert J. Harris Private Property Rights Protection Act, other civil rights violations and other relief in Circuit Court Case No. 98-13274 CA 01(30), and United States District Court Case No. 01-4921-CIV-Moreno, and Florida Division of Administrative Hearings Case No. 02-3283GM; and WEEREAS, the Mayor and City Commission have heretofore approved a Settlement Agreement, in concept, by and between the City and East Coastline, West Side, and related parties, with respect to the above litigation, pursuant to Resolution No.2004-25509, adopted on February 25,2004; and WHEREAS, the Mayor and City Commission approved a formal Settlement Agreement to like effect, pursuant to Resolution No. 2008-25650 , adopted on July 28, 2004 , 2004; and WHEREAS, Section 5 of the Settlement Agreement provides, among other things, for consideration of a Concept Plan for the properties lcnown as the Alaska Parcel, the Goodman Terrace and Hinson Parcels, Blocks 51 and 52 and Block 1 (the "Affected Propaties"), attached hereto as Exhibit "A" (the "Concept Plan") to be considered by the Mayor and City Commission, and approved pursuant to the Settlement Agreement; and WHl$REAS, the Concept Plan has undergone citizen review and numerous public meetings ad workshops through an ad hoc committee of concerned citizens and has also been reviewed by the City staff, the Planning Board and the Design Review Board, all of whom haire recommended appxvval thereof. NOW, THEREIFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMI[SSION OF THE CITY OF MIAMI BEACH, FLORIDA: That the City Commission hereby approves the Concept Plan, in substantially the form attached hereto as Exhibit "Ayy. .e Concept Plan shall be used as a guide in implementing the Settlement Agreement, except that all design approvals shall be in conformity with the Concept Plan on the Affected Properties. ImpIementation of the development shown on the Concept Plan shall be pursuant to the terms of the Settlement Agreement. In the event of any conflict between the Concept Plan ami the Land Development Regulations of the City, the provisions of the Land Development Regulations shall govaa This Resol become effective immediately upon adoption. PASSED id ADOPTED this 2lMay of ATTEST: APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION T:\AGENDA\2004Uu12804\Regula~Wortofino Concept plan adoption reso.DOC Agenda It & 'R7A location lslan 1 :80' DESIGN REVIEW BOARD SUBMISSION CITY OF MIAMI BEACH ROBOTIC PARKING STRUCTURE AND RESIDENCE AT 738-804 FIRSTSTREET 730-804 FIRST STREET MIAMI BEACH, FL 331 39 Submitted to: City of Miami Beach Architect: ADD lnc Landscape Architect Savino Miller Design Owner: 730 1 St. Associates. LLC 20 July 201 1 ALLEY FIRST STREET "'I /CI I ..... <..A7 . <<.>..:. ,...>. p..:. <A= ,>..>. '.Y..... ,..i(.y, @% ..... ..... ,,... . . . ,... +:.:. ~.:<<.:.: .>....... <.x.:.:. I......? THIS PAGE INTENTIONALLY LEFT BLANK 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: September 14, 201 1 ~ SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE A DISCUSSION PERTAINING TO THE CATERING AND CONCESSIONS SERVICES AGREEMENT FOR THE MIAMI BEACH CONVENTION CENTER. ADMINISTRATION RECOMMENDATION Refer the matter to the Finance and Citywide Projects Committee for discussion. ANALYSIS On April 11, 2006, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 22-05/06, to Provide Professional Food and Beverage Facilities Management Services for the Miami Beach Convention Center; with an option to manage food and beverage services at other city cultural facilities to include: I) the Jackie Gleason Theater of the Performing Arts; 2) the Colony Theater; and 3) the Byron Carlyle Theater. This RFP was issued in advance of Centerplate's expiring contract on February 28, 2007. Centerplate, doing business originally as Volume Services America, Inc., held the exclusive food and beverage services contract at the Miami Beach Convention Center since December 17, 1986. The original contract had an initial term of fifteen years, and the City Commission exercised a five (5) year renewal term on May 16, 2001 via Resolution No. 2001-24393. During the initial 20 years of the agreement, the Convention Center's food and beverage concessionaire was restricted from hosting local catering events such as banquets, weddings, and galas, when those events did not book an exhibit hall and were not conventions, trade, public or consumer shows. Prior to the issuance of the RFP, the social catering restriction was reviewed by several City committees and organizations and a recommendation was made to remove the prohibiton. The City Commission subsequently endorsed the removal of the social catering prohibition; the ensuing RFP allowed for the successful proposer to host local catering events at the Miami Beach Convention Center, and specific attention was given to this area. The RFP Evaluation Committee and the City Administration recommended Centerplate as the top-ranked firm. This recommendation was made in large part due to Centerplate's proposed partnership with Barton G. At the time, Centerplate had formed an exclusive relationship with Barton G., a Miami-based event planning and production company with a strong base of social, corporate and philanthropic clients. On September 6, 2006, the City Commission adopted Resolution No. 2006-26316 authorizing the Mayor and Clerk to execute an agreement upon completion of successful negotiations by the Adminsitration. As stated previously, Centerplate's Agreement expired on February 28, 2007. The City and I Agenda Item C i Date 9-I!&// FCWPC Referral - Convention Center Catering and Concessions Services Agreement Commission Memorandum July 13,2011 Page 2 of 3 Centerplate didn't conclude negotiations until December 13, 2007, which is when the final agreement was executed. Much of the delay in agreeing to terms centered around the partnership with Barton G and operational issues involved with booking social catering business. The terms of the Agreement were retroactive to March 1, 2007 and expires on September 30, 2012. The Agreement also includes two (2) successive, five (5) year renewal options at the City's discretion. The Agreement includes the following: Guaranteed Minimum Annual Rent of $1,250,000, representing 25.5% of gross revenue up to $4 million. Above $4 million, the commission increases in tiers up to 33%. Capital Investment: Centerplate invested $800,000 towards food and beverage capital projects to enhance the foodservice facilities at the Miami Beach Convention Center. Centerplate also allocates 1.5% of Gross Receipts towards a Capital Reserve Fund. Marketing Reserve Fund: Centerplate allocates the greater of an annual contribution of $20,000 or 1.5% of Catering Gross Receipts to a Marketing Reserve Fund to promote the food and beverage offerings (catering, concessions, etc.). In addition, Centerplate also pre-funded $50,000 towards the Marketing Reserve Fund. Scholarship Fund: Centerplate contributes $20,000 annually toward the City's tourism and hospitality scholarship program. Some early social catering business was booked at the Convention Center in partnership with Barton G. However, due to issues with the relationship between Centerplate and Barton GI on May 15, 2008, the City was officially notified the partnership would not continue. Section 10.17 of the Agreement between the City and Centerplate stipulates that any replacement for Barton G is subject to the prior written approval of the City Manager. Centerplate immediately began searching for a new social catering partner and on August 28, 2008 Centerplate proposed Touch Catering. After reviewing the material and Touch Catering's history and track record, the City approved the replacement of Barton G with Touch Catering on December 19, 2008. Centerplate hired a dedicated social catering salesperson to focus on booking more of this business. They have been successful in booking numerous social catering events at the Convention Center and continue to focus heavily in this area. Centerplate, in partnership with Touch Catering, also completed a new Kosher kitchen and has booked several Kosher events. Although Centerplate's client survey scores continue to be among the lowest scores given by Convention Center users (meeting planners, etc.), specifically in food quality and food presentation of the concession operation, they have improved their scores in each of the past three (3) years (see attached). Centerplate informed the City on March 4, 201 1, that they had replaced their General Manager with an Interim General Manager, Nick Tierno. Mr. Tierno has since revised Exhibitor Booth Catering Menus, adjusted pricing and made operational changes. Convention Center Advisory Board As previously stated, Centerplate's agreement with the City expires on September 30, 2012. As such, the Convention Center Advisory Board (CCAB), at their June 7, 201 1 meeting, discussed FCWPC Referral - Convention Center Catering and Concessions Services Agreement Commission Memorandum July 13,2011 Page 3 of 3 whether or not the City should exercise the five (5) year renewal option available in the Agreement or issue a new Request for Proposals (RFP). The CCAB reviewed Centerplate's history and unanimously recommended that the City issue a new RFP for catering and concession services at the Convention Center. This recommendation was based largely on Centerplate's client survey scores and their history of being the lowest-rated area of the Convention Center's operations. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the matter to the Finance nd Citywide Projects Committee for discussion. JMGI @ FIMAS T:\AGENDA\2011\7-13-1 l\Referral to FCWPC Convention Center Catering Agreementdoc ZLG Miami Beach Convention Center Client Response Results October 2008 - September 2009 Poor Pctg Positive Megative Excellent Smart Source Knowledgeable 18 Responsiveness to your needs 17 Professionalism 16 Readily Accessible 16 Clarity of Information 16 Accuracy ~f Setups '16 Timeliness of Setups I6 Courtesy of AV floor Operations Staff 17 Smart Source Subtotals 132 Good Pctg Fair Pctg Centerplate Knowledgeable Responsiveness to your needs Professionalism Readily Accessible Clarity of Informatian Courtesy of Catering Staff Food Qua@ Faod Prasen&Yan Menu SelectioWaWkFlex1bIIi& Accurao~r 96 $&irps _ Timeliness &.Setups Coultasy of Concessions $iff Food Quality Food Pmsentation Menu Seiection Cleanliness and 6q.tup of"Outlets Proudiy Managed By: Mistmi Beach Convention Center Client Response Wesuns October 2009 - September 209 0 Poor Positive Negative Excellent Pctg Pctg Fair hdio Visual Knowledgeable Responsiveness to your needs Professionalism Readily Accessible Clarity of lnformation Accuracy of Setups Timeliness of Setups Couriesy of AVfloor Operations Staff Audio Visual Subtatals Centerplate Knowledgeable Reap~nsiveness to your needs Professionalism Readily Accesslbte Clarity of Information Courtesy of Catering Staff Food Quality Food Prmentat'in Menu SeleciionNarie~IFlexibility Accuracy of Setups Timeliness of Setups Courtesy of Concessions Staff Faod Quality Food Presenlation Menu Seleckion Cleanliness and Setup of Outlets Centerplate Subtotals Other Services Vatet. Parking Busifless Center Convention Concierge Miami Beach Fire Marshall Other Services Subtotal Surveys Sent Surveys Received Percent Received Proudly ktmaged By. .bg* Miami Beach Convention Center Client Response Results October 20"5 - June 201 1 Excellent Poor Positive Negative Good Pctg Fair Sates Knowledgeable Responsiveness to your needs Professionalism Readily Accessible Clarity of lnformation Sales Subrofai Event Manager Knowledgeable Responsiveness to your needs Professionalism Readily Accessible "Pre-Event *On-Site Clarity of lnformation Event Manager Subtotal Building Operations CouResy of Building Staff Cleanliness Accura-acy of Setups Timeliness of Setups Building Signage Builciing Operations Subtotal GIobai Spectrum Subtotal Smart City Knowledgeable Responsiveness to your needs Professionalism Readily Accessible Ctariy of Inhrmatron Acurray of Setups Timeliness of Setups Priority Networks Subtotal Miami Beach Conven8on Center Client Response Results October 201 0 - June 201 1 Exceilent Audio Wsual KnWdgeable 17 Responsiveness to your needs 16 Professionalism 16 Readily Accessible 14 Clarity of Information 14 Accuracy of Setups 16 Timeliness of Setups 17 Courtesy of AV .floor Operations Staff 15 Audio Visual SutrfcVeals 4 25 Poor Positive Negative PC$ Good Pctg Fair PC& Centecplate Knowledgable Responsiveness to your needs Prafessionalism Readily Accessible Clarity of Information Courtesy of Catering Staff Food Quality Food Presentation Menu SelefionMarietylFlexibility Accuracy of Setups Timeliness of Setups Courtesy of Cancessions Staff Food Quality Food Presentation Menu Selection Cleanliness and Setup of Outlets Centerplate Subtotals Other Sewices Valet Parking Business Center Convention Cancierge Miami Beach Fire Marshall Other Sewices Subtotal Building Subtotst1 MIAMIBEACH ccnvention - center Surveys Sent Surveys Received Percent Received MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Man September 14,201 1 Referral to the Planning Bo k' rd - An Ordinance modifying the height limitations in the RPS-4 Zoning District. INTRODUCTION At the July 20, 2011 meeting, the Land Use and Development Committee discussed and referred to the Planning Board, with a favorable recommendation, a proposed Ordinance amendment pertaining to allowable height limitations in the RPS-4 Zoning District. The Land Use Committee discussed a draft ordinance proposed by area residents, as well as a slightly different version drafted by Planning Department Staff. The proposed ordinance would increase the maximum allowable height for apartment buildings in the RPS-4 district from 75' to 100'. As part of the discussion and recommendation, the members of the Land Use Committee recommended that the following areas also be addressed as part of a revised Ordinance: The issue of 'Short Term Rentals'; rentals would be no less than 3 months, no more than 6 months and not exceed 3 times per calendar year. The maximum number of units would 55. The proper accommodation of all required parking spaces on site (no impact fees). Changes to the Ordinance to address any issues with 'Spot Zoning'. RECOMMENDATION Refer the proposed Ordinance to the Planning Board for its review and recommendation, as amended by the Land Use and Development Committee. a Agenda Item L 4p Date 9-/v-// RPS4 Heights 201 1 - Planning Department Option 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 ClTY OF MlAMl BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT", SECTION 142-696 "RESIDENTIAL PERFORMANCE STANDARD AREA REQUIREMENTS" TO MODIFY THE MAXIMUM HEIGHT REQUIREMENTS FOR RESIDENTIAL APARTMENT STRUCTURES; BY AMENDING SECTION 142-697 "SETBACK REQUIREMENTS IN THE R-PSI, 2, 3, 4 DISTRICTS", TO MODIFY THE SETBACK REQUIREMENTS FOR OCEANFRONT BUILDINGS; 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 encouraging and incentivizing residential apartment development in the South Pointe area; and, WHEREAS, the City of Miami Beach has adopted regulations pertaining to the height and setbacks of structures in the RPS-4 district; and, WHEREAS, the City of Miami Beach desires to modify the maximum building height and setback requirements for new residential apartment structures in the RPS-4 district; 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 142, Entitled "Zoning Districts and Regulations", Article II, Entitled "District Regulations ", Division 18, Entitled "PS Performance Standards District" of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-696. - Residential performance standard area requirements. The residential performance standard area requirements are as follows: , See section 142- abilitated buildings Minimum floor area per hotel unit /signs i~ursuant to chapter 138. I * Notwithstanding the foregoing provisions regarding maximum building height, in the Ocean Beach historic district, as defined in subsection 118-593(e)(1 I), the maximum building height for a lot located in the R-PSI, R-PS2, or R-PS3 zoning districts (i) With a lot exceeding 50 feet, and (ii) Upon which there exists a contributing structure which has not received a certificate of appropriateness for demolition (or any such approval has expired), shall be 35 feet. 1. Notwithstanding the above height restrictions, existing structures within a local historic district are subject to section 142-1 161. 2. In the R-PS4 zoning district, within the Ocean Beach Historic District, when an existing contributing structure is nonconforming with respect to the height regulations in section 142-696, such structure may be repaired, renovated or rehabilitated regardless of the cost of such repair, renovation or rehabilitation, notwithstanding the provisions of chapter 118, article IX, "Nonconformances." 3. Lots at a width of 50 feet or less aggregated with adjacent parcels after November 3, 2002, shall have a maximum height of 35 feet and shall not be allowed the increased height for parcels wider than 50 feet. 4. Notwithstanding the above height restrictions, in the R-PS4 zoning district, within the Ocean Beach Historic District, the maximum height shall be 35 feet for the first 60 feet of lot depth, 75 feet thereafter, subiect to the line-of-sight analysis of section 142-697(d). For residential apartment buildings, the historic preservation board mav allow an increase in the overall height, not to exceed 6 stories, 60 feet for the first 60 feet of lot depth and 11 stories, 100 feet thereafter, provided all of the following conditions are satisfied: a. Anv structures immediatelv abutting the propertv are 5 stories in height or greater; b. The propertv shall be an oceanfront lot that is 100 feet or more in width; c. The propertv shall not contain a contributing building; d. The sixth level of the front portion of the new construction shall meet a line-of-sight, which for the purpose of this section, is defined as not being visible when viewed at eve-level (5'6" from grade) from the opposite side of the Ocean Drive right-of-way; e. The ~roposed building shall be sited and massed in a manner that promotes and protects view corridors. At a minimum, a substantial separation of the tower portion of anv structure shall be required; f. The front portion of the structure shall incorporate a separation in the center of the structure, which is open to skv, and is at least 10 feet in width and 25 feet in depth; the exact location of such separation shall be subiect to the historic preservation board. Alternativelv, the massing and architectural design of the front portion of the structure shall acknowledge the historic pattern of residential structures along Ocean Drive; g. The proposed building shall not contain accessory uses permitted under section 142-902(2)e. h. A restrictive covenant, running with the land, or other similar instrument enforceable against the owner(s), acceptable to and approved as to form bv the citv attornev, shall be executed and recorded prior to the issuance of a building permit, to ensure that the building remains as a residential apartment building for a minimum of 30 vears, and that no uses under section 142- 902(2)e are permitted on the premises during that time period. Sec. 142-697. - Setback requirements in the R-PSI, 2, 3, 4 districts. (a) The setback requirements in the R-PSI, 2, 3, 4 districts are as follows: (b) All required setbacks shall be considered as minimum requirements except for the pedestal front yard setback and pedestal side yard facing a street setback which shall be considered as both a minimum and maximum requirements. (c) For lots greater than 100 feet in width the front setback shall be extended to include at least one open court with a minimum area of three square feet for every linear foot of lot frontage. (d) In the R-PS4 zoning district, within the Ocean Beach Historic District, the tower portion of ground-floor additions to contributing buildings- shall meet a line-of-sight, which for the purpose of this section is defined as not visible when viewed at eye-level (5'6" from grade) from the opposite side of the adjacent right-of-way. (e) In the R-PS4 zoning district within the Ocean Beach Historic District, when an existing contributing structure has a minimum 5-foot sideyard setback, the setback of new construction in connection with the existing building may be allowed to follow the existing building line. The maintenance of the existing setback shall apply to the linear extension of the existing building. 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 ,201 1 ATTEST: CITY CLERK MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney First Reading: October ,201 1 Second Reading: December, 201 1 Verified by: Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language 08/30/2011 F:\PLAN\$ALL\LandUseCommittee\2011 LUDC\Jul201 I\RPS-4 Heights 201 1 - 0RD.docx Date THIS PAGE INTENTIONALLY LEFT BLANK MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33 139, www.rniarnibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Mana er September 14, 201 1 n u U Referral to the Planning Board - An ordinance clarifying the categories of members to be appointed to the City's land use boards. INTRODUCTION At the July 20, 201 1 meeting, the Land Use and Development Committee discussed the issue related to the membership requirements of the Planning Board, Design Review Board, Historic Preservation Board and the Board of Adjustment. At this time, the committee gave the Administration direction on several refinements to the ordinance, specifically, to explore more flexibility on the licensing requirements for some of the categories. The proposed ordinance introduces a secondary category for attorneys that are licensed in other states. This would still keep in place the requirement that any Board that has an attorney be licensed in the State of Florida, but creates a second attorney position with broader licensing requirements. Commissioner Gongora expressed the desire to open up the categories to provide more flexibility, broadening the architect position to permit licensure in any state. RECOMMENDATION Refer the proposed ordinance to the Planning Board for its review and recommendation as amended by the Committee. t:\agendaUOl1\9-14-1 l\referral to pb - clarify LUB categories.doc Agenda Item C YG Date // "BOARD MEMBER QUALIFICATIONS AND CATEGORIES" ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 11 8, "ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE II, "BOARDS," DIVISION 2, "PLANNING BOARD," SECTION 11853, "COMPOSITION;" DIVISION 3, "DESIGN REVIEW BOARD," SECTION 118-72, "MEMBERSHIP;" DIVISION 4, "HISTORIC PRESERVATION BOARD," SECTION 11 8-1 03, "MEMBERSHIP;" AND 11 8-104, "APPOINTMENT;' DIVISION 5, "BOARD OF ADJUSTMENT," SECTION I 18-31, "MEMBERSHIP," TO CLARIFY THE QUALIFICATIONS AND CATEGORIES OF MEMBERS TO BE APPOINTED TO THE CITY'S LAND USE BOARDS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Land Development Regulations of the City Code provide for the appointment by the City Commission of members of the four land use boards namely, the Planning Board, the Design Review Board, the Historic Preservation Board, and the Board of Adjustment; and WHEREAS, certain questions have arisen as to the qualifications and categories of membership of persons appointed to these boards; and WHEREAS, it is desirable to resolve these questions to provide certainty to the appointment process and to instill confidence by the public in these boards; 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 ClTY COMMISSION OF THE ClTY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: Section 1. Chapter 118, "Administration and Review Procedures," Division 2, "Planning Board," Section 1 18-53, "Composition," is hereby amended as follows: Sec. 11 8-53. Composition. (a) The planning board shall be composed of seven regular voting members. Each regular member shall be appointed with the concurrence of at least four members of the city commission. Each regular voting member shall serve for a term of two years. The planning director or designee, and city attorney or designee, shall serve in an advisory capacity. (b) All regular voting members of the board shall have considerable experience in general business, land development, land development practices or land use issues; however, the board shall at a minimum be comprised of one architect registered in the state of Florida; or a member of the faculty #wtMy of a school of architecture in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture,; or a professional practicing in the fields of architectural or urban design# or urban plann-h,; ii. one developer who has experience in developing real propertv; ad or an attornev in good standing licensed to practice law within the United States. iii. one attorney licensed to practice law in the state of Florida who has considerable experience in land use and zoning issues,; ad iv. one person who has education andlor experience in historic preservation issues. For purposes of this section, the term "education andlor experience in historic preservation issues" shall be a person who meets one or more of the following criteria: (1) Has earned a college degree in historic preservation; (2) Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or (3) Is recognized by the city commission for contributions to historic preservation, education or planning. three persons who are citizens at large or engaged in general business in the citv (c) No person except a resident of the city, who has resided in the city for at least one year, shall be eligible for appointment to the planning board. (d) The city commission may waive the residency requirements by a 51th~ vote in the event a person not meeting these requirements is available to serve on the board and is exceptionally qualified by training andlor experience. Section 2. Chapter 118, "Administration and Review Procedures," Division 3, "Design Review Board," Section 11 8-72, "Membership," is hereby amended as follows: Sec. 11 8-72. Membership. (a) Composition. The design review board shall be composed of seven regular members. The seven regular members shall consist of i. ii. iii. iv. two wptwed architects registered in the sWe-efl4efick United States; , ay! wptwed architect registered in the &#e-e# FkxW United States; or a member of the faculty of a school of architecture, urban planning or urban design in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture,; or a professional practicing in the fields of architectural design- or pm&mmaI urban plannwh,; one wptwed landscape architect registered in the state of Florida,; one wptwed architect registered in the &a&+# l4efick United States, or a professional practicing in the fields of architectural or urban design# or pf&samd urban plannefm or an attornev in good standing licensed to practice law within the United States and two citizens at large. One person appointed by the city manager from an eligibility list provided by the mayor's barrier free environment committee shall serve in an advisory capacity with no voting authority. The planning director, or designee and the city attorney or designee shall serve in an advisory capacity. (b) Appointment. Design review board members shall be appointed with the concurrence of at least four members of the city commission. An eligibility list for these professional membership categories may include, but shall not be limited to, suggestions from the following professional and civic associations as listed below: (1) American Institute of Architects, local chapter. (2) American Society of Landscape Architects, local chapter. (3) The Miami Design Alliance. (4) American Planning Association, local chapter. (5) The Miami Design Preservation League and Dade Heritage Trust. (6) Other city civic, neighborhood and property owner associations. (c) Residency and place of business. All regular members shall reside in or have their primary place of business in the county. The two citizens-at-large members and one of the registered landscape architects, registered architects, or professional^ practicing in the fields of architectural or urban design= or pfebwxd urban plannmb shall be residents of the city. Section 3. Chapter 11 8, "Administration and Review Procedures,'' Division 4, "Historic Preservation Board," Section 118-1 03, "Membership," is hereby amended as follows: Sec. 11 8-1 03. Membership. (a) The historic preservation board shall be composed of seven members. There shall be a member from each of the following categories: A representative from the Miami Design Preservation League (MDPL), selected from three names nominated by such organization. A representative from Dade Heritage Trust (DHT), selected from three names nominated by such organization. Two at-large members who have resided in one of the City's historic districts for at least one year, and who have demonstrated interest and knowledge in architectural or urban design and the preservation of historic buildings. An architect registered in the state of Florida with practical experience in the rehabilitation of historic structures. Art wgtsbmd architect registered in the §tab-& Nwkk United States, 2 iqptewd landscape architect registered in the state of Florida, 2 professional practicing in the field of architectural or urban designw or gweksw& urban plannwh each of the foregoing with practical experience in the rehabilitation of historic structures; or an attorney at law licensed to practice in the state of Florida, or a2 ksieed engineer licensed in the state of Florida, each of the foreaoing with +vk&es professional experience and demonstrated interest in historic preservation. A member of the faculty of a school of architecture in the state of Florida, with academic expertise in the field of design and historic preservation or the history of architecture, with a preference for an individual with practical experience in architecture and the preservation of historic structures. (b) All members of the board except the architect, engineer, landscape architect, professional practicinn in the field of architectural or urban design# or fxeb~~4 urban plannw-ins and university faculty member of the board shall be residents of, the city; provided, however, that the city commission may waive this requirement by a 5nths vote in the event a person not meeting these residency requirements is available to serve on the board and is exceptionally qualified by training andlor experience in historic preservation matters. All appointments shall be made on the basis of civic pride, integrity, experience and interest in the field of historic preservation. Sec. 1 18-1 04. Appointment. (a) Historic preservation board members shall be appointed with the concurrence of at least four members of the city commission. An eligibility list solicited from, but not limited to, the organizations listed in this section may be considered by the city commission in selecting board members: (1) American Institute of Architects, local chapter. (2) Miami Design Preservation League. (3) Miami Beach Chamber of Commerce. (4) Miami Beach Development Corporation. (5) Dade Heritage Trust (6) Florida Engineer Society, local chapter. (7) Any other organization deemed appropriate by the city commission. (b) Except as provided in section 1 18-1 05, every member appointed shall serve a term of two years. Section 4. Chapter 118, "Administration and Review Procedures," Division 5, "Board of Adjustment," Section 11 8-131, "Membership," is hereby amended as follows: Sec. 118-131. Membership. The board of adjustment shall be composed of seven voting members. Two members shall be appointed as citizens at-large and five members shall be appointed from each of the following categories (no more than one per category), namely: Law, architecture, engineering, real estate development, certified public accounting, financial consultation and general business. The members representing the professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the member representing general business shall be of responsible standing in the community The member representing the field of financial consultation shall be a Certified Public Accountant, Chartered Financial Analvst. Certified Financial Planner, a Chartered Financial Consultant or investment advisor registered with the Securities and Exchanne Commission, or someone recognized as having similar credentials by five- sevenths vote of the Citv Commission. Members shall be appointed for a term of two years by a five-sevenths vote of the city commission. Members of the board must be either residents of or have their principal place of business in the city. Section 5. 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 6. 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 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. 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 & FOR EXECUTION City Attorney Date First Reading: Second Reading: Verified by: Richard Lorber, AlCP Acting Planning Director Underscore denotes new language. denotes deleted language. F:\PLAN\$PLB\draff ordinances\2018 - clarification of LUB member categories\membership clarification ord rev 8-30-201 1 .doc MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Jorge Gonzalez, City Manager Michael Gongora, Commissioner August 29,201 1 MEMORANDUM SUBJECT: Referral ltem for September 14 Commission Meeting Please place on the September 14 Commission meeting consent agenda a referral to the Finance Committee for discussion concerning the possibility of hiring additional Special Masters or scheduling more hearings dates for the existing Special Masters. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. Agenda ltem VH Date ply- I/ THIS PAGE INTENTIONALLY LEFT BLANK