January 15 Agenda City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
January 15, 2014
Mayor Philip Levine
Vice-Mayor Deede Weithorn
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Jose Smith
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City
Commission may move any agenda item to the alternate meeting date, which will only be held if needed.
In addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting
without reaching all agenda items.
Call to Order - 8:30 a.m.
Inspirational Message, Pledge of Allegiance
Requests for Additions, Withdrawals, and Deferrals
The City Commission will recess for lunch at approximately 12:00 p.m.
Presentations and Awards Regular Agenda
PA Presentations and Awards R2 Competitive Bid Reports
R5 Ordinances
Consent Agenda R7 Resolutions
C2 Competitive Bid Reports R9 New Business & Commission Requests
C4 Commission Committee Assignments R10 City Attorney Reports
C6 Commission Committee Reports
C7 Resolutions Reports and Informational Items
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists,"
requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying
activity with the City Commission, any City Board or Committee, or any personnel as defined
in the subject Code sections. Copies of the City Code sections on lobbyists laws are
available in the City Clerk's office. Questions regarding the provisions of the Ordinance
should be directed to the Office of the City Attorney.
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
Commission Agenda, January 15, 2014
Presentations and Awards
Presentations and Awards will take place on the January 22, 2014 “Alternate” City Commission Meeting.
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 - Competitive Bid Reports
C2A Request For Approval To Authorize The Issuance Of A Request For Qualifications (RFQ) For An
Infrastructure Condition Assessment And Master Plan Of The Lincoln Road.
(City Manager’s Office/Procurement)
C2B Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 2014-002 For
Armored Car Services.
(Finance/Procurement)
C2C Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 014-2013TC,
For The Demolition Of The Normandy Shores Park Building.
(Parks & Recreation/Procurement)
C2D Request For Approval To Authorize The Issuance Of A Request For Qualifications (RFQ) No.
2014-087SR For Citywide Demolition Services.
(Building/Procurement)
C2E Request Approval To Exercise Term Renewal Options On Contracts For Routine Operational
Requirements.
(Procurement)
C2F Request For Approval To Award A Contract, Pursuant To Invitation To Bid (ITB) No. 2013-171TC
For The Playground Fence At South Pointe Park.
(Parks & Recreation/Procurement)
C2G Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 2013-373-MF
For The Purchase Of Polymer Water Meter Boxes And Covers.
(Public Works/Procurement)
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Commission Agenda, January 15, 2014
C4 - Commission Committee Assignments
C4A Referral To The Planning Board - Proposed Amendment To The Land Development Regulations
To Create A Crime Prevention Through Environmental Design (CPTED) Ordinance.
(Sponsored By Commissioner Edward L. Tobin)
(Legislative Tracking: Planning)
C4B Referral To The Neighborhood/Community Affairs Committee A Request From The North Bay
Village Mayor To Discuss North Bay Village Residents’ Use Of The Normandy Isle Facility.
(Parks & Recreation)
C4C Referral To The Land Use And Development Committee And Planning Board - Discuss A Change
To The Composition Of The Design Review Board To A Board Of Professionals.
(Requested by Commissioner Joy Malakoff)
C4D Referral To The February 25, 2014 Planning Board Regarding A Code Amendment To The RM-3
Zoning District Setback Regulations For Detached Additions, Also Referred To As Cabana
Structures, At Oceanfront Lots Located In The Miami Beach Architectural District, And For ADA
Walkways And Ramp Structures In Side Yards.
(Requested by Commissioner Joy Malakoff)
C4E Referral To The February Planning Board Meeting - An Ordinance That Creates A New Height
Category In The RM-2 Zoning District For Oceanfront Lots Located Within 150 Feet Of North
Shore Open Space Park.
(Requested by Commissioner Jonah Wolfson)
C4F Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding Beachfront
Concession Buffer Zones.
(City Manager’s Office)
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Commission Agenda, January 15, 2014
C6 - Commission Committee Reports
C6A Report Of The Capital Improvement Projects Oversight Committee Meeting On October 14, 2013:
1) Attendance. 2) Accomplishments: A. Flamingo Park Football Field Track Substantial
Completion; B. Surface Parking Lot 13x (10th And Washington) Substantial Completion. 3)
Review And Acceptance Of Minutes. 4) Public Comments. 5) Old Business/Requested Reports:
A. Committee-Requested Information By Public Works Department; B. North Beach
Neighborhoods: 1. Status Report: Normandy Isle Phase II Neighborhood Improvements; 2. Status
Report: Biscayne Point Neighborhood Improvements; C. Middle Beach Neighborhoods: 1. Status
Report: Central Bayshore Improvements; 2. Status Report: Lake Pancoast Neighborhood
Improvements; 3. Status On Lower North Bay Road Neighborhood Improvements; D. South
Beach Neighborhoods: 1. Status Report: Venetian Island Neighborhood Improvement Project; 2.
Status Report: Palm & Hibiscus Island Neighborhood Improvements & Utilities Undergrounding;
3. Status Report: South Pointe Phase III, IV & V Neighborhood Improvement Project. 6)
Commission Items: A. Bayshore Neighborhood Right-Of-Way Neighborhood Improvement
Project; B. Flamingo Park Project; C. Collins Park Place Project; D. Par 3 Golf Course Project.
7) Additional Discussion.
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Take The
Following Actions: 1) Submit A Grant Application To Miami-Dade Metropolitan Planning
Organization (MPO), Municipal Grant Program, For Funding, In The Approximate Amount Of
$50,000 For A Feasibility Study For The Boardwalk/Beachwalk From 23rd – 64th Street; And
Further, Retroactively Approving The Following: 2) Submittal Of A Grant Application To Miami-
Dade County Homeless Trust, For Inclusion In The Application To Be Submitted By The Miami-
Dade County Continuum Of Care For The 2013/2014 U.S. HUD Notice Of Funding Availability
(NOFA) For The Continuum Of Care Program, For Funding, In The Amount Of $65,212, For The
City’s Homeless Outreach Program; Appropriating The Above Grants, Matching Funds, And City
Expenses, If Approved And Accepted By The City And Authorizing The Execution Of All
Necessary Documents Related To The Aforestated Applications, Including, Without Limitation,
Audits, And Authorizing The City Manager Or His Designee To Take All Necessary Actions
Related To These Grants.
(Budget & Performance Improvement)
C7B A Resolution Authorizing The Administration To Enter Into Negotiations With Inktel Government
BPO Services (Inktel), For An Amendment To Inktel’s Current Contract With The City, Entered
Into Pursuant To Request For Proposals No. 022-2013ME And Dated April 26, 2013; Said
Amendment For The Purpose Of Continuing To Provide Call Center Services To The City’s
Building Department, And Consolidating The Current Two Current Contracts With Inktel Into One
Agreement; And Further Authorizing The Extension Of The Current Agreement With Inktel With
The Building Department (Which Will Expire On February 27, 2014) On A Month To Month Basis,
Pending The Conclusion Of Those Negotiations; And Further Authorizing The Mayor And City
Clerk To Execute The Amendment Upon Conclusion Of Successful Negotiations By The
Administration.
(Building/Finance)
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Commission Agenda, January 15, 2014
C7 - Resolutions (Continued)
C7C A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 5
To The Professional Architectural And Engineering (A/E) Services Agreement Between The City
And Wolfberg Alvarez And Partners, For Additional Professional Services For The Flamingo Park
Project, In The Negotiated Not-To-Exceed Amount Of $381,261, And An Additional Amount Of
$22,000 For Reimbursable Expenses, For A Total Amount Of $403,261; With Previously
Appropriated Funding From Fund 390, Miami Dade County Building Better Communities General
Obligation Bond Program.
(Capital Improvement Projects)
C7D A Resolution Approving An Additional Amount Of $170,667 To Complete The Lincoln Road Mall
Landscaping Project.
(Parks & Recreation)
C7E A Resolution Approving A Month-To-Month Extension Of The City’s Current Agreement With Car
Charging Group, Inc. (CCGI), For Electric Vehicle Charging Stations At The 13th Street Garage,
Until A New Contract Is Awarded And Executed; With Such Extension To Have Been Deemed To
Have Commenced On October 3, 2013, And Terminable Without Cause And Without Liability To
The City, Upon Written Notice To CCGI; And A Referral To The Finance And Citywide Projects
Committee For Discussion.
(Parking)
C7F A Resolution Authorizing The City Manager And City Clerk To Execute An Amendment To The
Technical Service Support Agreement Between The City And Physio Control, Inc., To Add Four
(4) Lifepak 15S And Five (5) Lifepak 1000S Defibrilators To The Maintenance Contract, In The
Additional Amount Of $10,975.27.
(Fire/Procurement)
C7G A Resolution Authorizing The Creation Of A Commercial Use Permit Process And Fee For The
Purpose Of Legitimizing And Management Of Fitness, Training, Tennis And Other Outdoor
Professional Services At City Facilities Parks And Beaches.
(Parks & Recreation)
C7H A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No.
15, To The Existing Professional Services Agreement Between The City Of Miami Beach And
Chen Moore & Associates, Inc. (CMA), Dated September 8, 2004, For The City Center Right-Of-
Way Neighborhood Improvement Project; In The Negotiated Not-To-Exceed Amount Of
$145,174, To Provide Extended Construction Administration And Resident Project
Representative Services To Project Completion For The City Center Right-Of-Way Neighborhood
Improvements Bid Pack 9A; With Previously Appropriated Funding From The City Center RDA
Fund 365.
(Capital Improvement Projects)
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Commission Agenda, January 15, 2014
C7 - Resolutions (Continued)
C7I A Resolution Approving A Preconstruction Application For Historic Ad Valorem Tax Exemption
For A Single-Family Property At 2301 North Meridian Avenue, And Authorizing The Miami-Dade
County Property Appraiser’s Office To Grant This Tax Exemption For The City’s Portion Of Ad
Valorem Property Taxes For Qualifying Improvements To The Subject Property Following
Substantial Completion Of The Project And Compliance With Certain Conditions.
(Planning)
C7J A Resolution Approving A Federal Equitable Sharing Agreement With The United States
Department Of Justice And The United States Department Of The Treasury, And Authorizing The
Mayor And The City Clerk To Execute The Agreement.
(Police)
C7K A Resolution Approving Further Month-To-Month Extensions Of The Following Agreements
Between The City And, Respectively: 1) Ashbritt, Inc.; 2) Ceres Environmental Services, Inc.; 3)
Phillips And Jordan, Inc.; And 4) Crowdergulf Joint Ventures, Inc. (Collectively, The
“Contractors”), For Disaster Recovery Services; With Said Extensions Commencing As Of
February 1, 2014, And Terminable By The City, For Convenience And Without Cause, Upon
Thirty (30) Days Prior Written Notice To The Contractors.
(Public Works)
C7L A Resolution Approving And Authorizing The Mayor And The City Clerk To Execute GMP
Amendment No. 3 To The Pre-Construction Services Agreement With The Weitz Company,
Dated May 14, 2012, For The South Pointe Park Pier Project, In The Amount Of $47,588, With
Funding From The South Pointe Capital Fund 389.
(Capital Improvement Projects)
C7M A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement
With The Miami Herald For The Purpose Of Advertising City Events, Programs, And Facilities.
(Tourism, Culture & Economic Development)
C7N A Resolution Authorizing The Donation Of A Walk-In Refrigerator, In “As Is” Condition, To St.
Patrick’s Church For Use In Its Community Food Bank Program.
(Housing & Community Development)
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Commission Agenda, January 15, 2014
C7 - Resolutions (Continued)
C7O A Resolution Approving And Authorizing The City Manager To Issue A Certification Of
Consistency With The City's FY 2013-2017 Consolidated Plan To The Miami-Dade County
Homeless Trust (Trust) For Their Application Of Funding Through The U.S. Department Of
Housing And Urban Development’s (HUD) Notice Of Funding Availability (NOFA) For The
Continuum Of Care (CoC) Program - Funding Opportunity Number FR-5700-N-31B; Further
Authorizing The City Manager To Execute Any Subsequent Certifications Of Consistency With
The City’s Consolidated Plan For Renewal And New Applications Of Funding For The City’s
Homeless Services Program And For Douglas Gardens Community Mental Health Center Of
Miami Beach, Inc., To Continue Providing Outreach, Housing And Supportive Services To
Homeless Persons In Miami Beach.
(Housing & Community Development)
C7P A Resolution Authorizing The Issuance Of A Request For Proposals (RFP) For Investment
Advisory Services; And Authorizing A Month-To-Month Extension To Cutwater Asset
Management (F/K/A MBIA Municipal Investors Service Corporation Advisory Services)
Agreement Until A New Contract Is Awarded And Executed.
(Finance/Procurement)
C7Q A Resolution Approving And Authorizing The City Manager To Participate In The National Joint
Powers Alliance National Co-Operative For The Purchase Of Competitively Bid Routine
Operational Requirements, And Waiving By 5/7th Vote The City’s Formal Competitive Bidding
Requirements, Finding Such Waiver To Be In The Best Interest Of The City.
(Procurement)
C7R A Resolution Approving And Authorizing The Following Actions With Regard To The City’s
Neighborhood Stabilization Program 1 (NSP1) Agreement Approving And Authorizing The Mayor
And City Clerk To Execute Amendment No. 7 To The Subgrant Agreement Between The State Of
Florida Department Of Economic Opportunity (DEO) And The City Modifying The Expiration Date
Of The Subgrant Agreement From February 15, 2014 To August 15, 2014 Further Authorizing
The City Manager Or His Designee To Take Such Actions, As May Be Required, With Regard To
Preparing And Having The Mayor And City Clerk Execute Modifications
(Housing & Community Development)
C7S A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 6
To The Professional Services Agreement With Atkins North America, Inc. For Extended
Construction Administration And Resident Project Representative Services, For A Period Of Up
To Three (3) Months, For The South Pointe Park Pier Project In The Amount Of $81,000 With
Previously Appropriated Funding From Fund 389, South Pointe Capital Fund.
(Capital Improvement Projects)
End of Consent Agenda
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Commission Agenda, January 15, 2014
REGULAR AGENDA
R5 - Ordinances
R5A An Ordinance Amending Chapter 42 Of The Miami Beach City Code, Entitled “Emergency
Services,” By Amending Article II Thereof, Entitled “Alarm Systems,” By Amending Section 42-86,
Entitled “False Alarms,” To Prohibit Three (3) Or More False Intrusion Alarms; By Amending
Section 42-89 Entitled “Notification Of False Alarms,” Which Shall Be Entitled “Enforcement,” And
Sets Forth The Enforcement Authority Of The Miami Beach Police Department And The Issuance
Of A Notice Of Violation For Section 42-86; By Amending Section 42-90 Entitled “Initial Review
Upon Notification,” Which Shall Be Entitled “Rights Of Violators; Payment Of Fine; Right To
Appear; Failure To Pay Civil Fine Or To Appeal,” And Specifically Delineates The Rights Of
Violators, Payment Of Fine, Right To Appear, And Failure To Pay The Civil Fine Or Appeal; By
Amending Section 42-91 Entitled “Appeal Of False Alarm Designation,” Which Shall Be Entitled
“Penalties,” By Providing For Penalties Regarding A False Intrusion Alarm; By Deleting Section
42-92 Entitled “Penalty For Violation Of Division”; Providing For Repealer, Codification,
Severability, And An Effective Date. 10:20 a.m. Second Reading Public Hearing
(Sponsored by the Finance & Citywide Projects Committee)
(Legislative Tracking: Police)
(First Reading on December 11, 2013)
R5B An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106,
Entitled “Traffic And Vehicles,” By Amending Article XI, Entitled “Adoption Of The Mark Wandall
Traffic Safety Act And Program,” By Amending Section 106-480, Entitled “Adoption Of State Act
And Program,” That Delineates The Statutory Authority For Using Traffic Infraction Detectors In
The City Of Miami Beach; By Amending Sections 106-481 Through 106-484, Entitled “Reserved”
By Adding Section 106-481, Entitled “Local Hearing Officer,” Which Authorizes A Local Hearing
Officer To Conduct Hearings For A Violation Of Section 316.0083 Of The Florida Statutes; By
Providing The Process For The Selection Of A Local Hearing Officer; By Authorizing The Miami
Beach Clerk’s Office To Serve As Staff For The Local Hearing Officer; By Limiting The Authority
Of The Local Hearing Officer; And Setting Forth Penalties And Costs To Be Imposed By The
Local Hearing Officer; Providing For Codification; Severability; Repealer; And An Effective Date.
10:25 a.m. Second Reading Public Hearing
(Sponsored by Finance & Citywide Projects Committee/Requested by Former Commissioner Góngora)
(Legislative Tracking: Police)
(First Reading on December 11, 2013)
R5C Temporary Business Signs on Public Property
An Ordinance Amending The Land Development Regulations Of 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 82-411, “Prohibited Signs Generally;
Exemptions; Banners; Removal,” To Permit The Placement Of Temporary Business Signs On
City Rights-Of-Way During Public Construction Projects; Providing For Codification; Repealer;
Severability And An Effective Date. 10:30 a.m. Second Reading Public Hearing
(Sponsored by the Land Use & Development Committee/Requested by Administration)
(Legislative Tracking: Planning Department)
(First Reading on December 11, 2013)
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Commission Agenda, January 15, 2014
R5 - Ordinances (Continued)
R5D Accessory Setback Encroachments
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 142-1132, “Allowable Encroachments Within Required Yards,” To
Modify The Setbacks For Allowable Encroachments Including Driveways, Carports And
Mechanical Equipment; And By Amending Section 142-1133, “Swimming Pools,” To Modify The
Setback Requirements For Swimming Pools And The Requirements For The Construction Of
Swimming Pools On Corner And Thru Lots Within Single Family Districts; Providing For
Codification; Repealer; Severability; And An Effective Date. 10:35 a.m. Second Reading Public
Hearing
(Sponsored by the Land Use & Development Committee/Requested by Former Commissioner Góngora)
(Legislative Tracking: Planning Department)
(Continued from December 11, 2013)
R5E Single Family Development Regulations
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, Florida, By Amending Chapter 142, “Zoning Districts And Regulations,” Division 2, “RS-1,
RS-2, RS-3, RS-4 Single-Family Residential Districts,” By Amending The Criteria And Procedures
For The Review And Approval Of Single-Family Residential Construction, By Replacing The
Single-Family Residential Review Panel, By Clarifying And Amending The Standards And
Procures For Reviewing New Construction And Additions In Single Family Districts, Including
Modifications To Lot Coverage, Unit Size And Overall Height, By Clarifying The Below Flood
Level Construction Requirements For Affected Properties In High Flood Zones, And By Clarifying
Setback And Lot Coverage Requirements; Providing Codification; Repealer; Severability; And An
Effective Date. 10:45 a.m. First Reading
(Sponsored by the Planning Board)
(Legislative Tracking: Planning Department)
(Continued from December 11, 2013)
R5F Architecturally Significant Single Family Home Retention Incentives
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, “Zoning Districts And Regulations,” Article II, “District
Regulations,” Division 2, "Single-Family Residential Districts," By Revising The Standards And
Review Requirements For New Construction, Additions And Modifications To Properties That
Contain An Architecturally Significant Single Family Home Not Located Within A Designated
Historic District; Providing For Repealer, Codification, Severability And An Effective Date.
11:00 a.m. First Reading
(Sponsored by the Land Use & Development Committee/Requested by Former Mayor Bower)
(Legislative Tracking: Planning Department)
(Continued form December 11, 2013)
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Commission Agenda, January 15, 2014
R5 - Ordinances (Continued)
R5G Alton Road Historic District Buffer Overlay
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter
142, "Zoning Districts And Regulations," Article III, "Overlay Districts," Creating Division 8 “Alton
Road - Historic District Buffer Overlay,” By Including Section 142-858 "Location And Purpose,”
And Section 142-859 "Development Regulations," Including Among Other Provisions Regulations
On Maximum Floor Area Ratio; Maximum Building Height; Minimum Setbacks; Building
Separation; Demolition Or Additions To Contributing Buildings In An Historic District; And Land
Use Regulations For Location Of Retail Uses, Restaurants, Bars, Entertainment Establishments,
Alcoholic Beverage Establishments And Similar Uses; Requiring Conditional Use Approval Of
Such Uses In Excess Of 10,000 Sq. Ft.; And Prohibiting Alcoholic Beverage And Entertainment
Establishments In Open Areas With Exceptions As Prescribed In The Ordinance; Providing For
Codification; Repealer; Severability; And An Effective Date. 11:15 a.m. First Reading Public
Hearing
(Sponsored by the Land Use & Development Committee/Requested by City Commission)
(Legislative Tracking: Planning Department)
(Continued from December 11, 2013)
R5H An Ordinance Amending Chapter 10 Of The Miami Beach City Code, Entitled “Animals,” By
Amending Section 10-11, Entitled “Running At Large Prohibited,” By Extending The Pilot Program
Off-Leash Area For Dogs In South Pointe Park Through And Including April 30, 2014; Providing
For Repealer; Severability; Codification; And An Effective Date. 11:30 a.m. Second Reading
Public Hearing
(Sponsored by Neighborhood/Community Affairs Committee)
(Legislative Tracking: Parks & Recreation)
(First Reading on December 11, 2013)
R5I Historic Designation
An Ordinance Amending The Land Development Regulations Of The Miami Beach City Code; By
Amending Section 118-593(e), Entitled "Delineation On Zoning Map" By Designating 42 Star
Island Drive As A Local Historic Site To Be Known As “42 Star Island Local Historic Site,"
Located On Star Island, As More Particularly Described In The Ordinance; Providing That The
City's Zoning Map Shall Be Amended To Include 42 Star Island As A Local Historic Site; Adopting
The Designation Report Attached To The Staff Report As Appendix "A"; Providing For Inclusion
In The Land Development Regulations Of The City Code; Repealer; Severability; And An
Effective Date. First Reading
(Sponsored by the Planning Board/Requested by MDPL)
(Legislative Tracking: Planning)
R5J RM-2 Hotel Office Uses
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, “Zoning Districts And Regulations” Article II “District
Regulations,” Division 3 “Residential Multifamily Districts,” Subdivision IV “Residential Multifamily,
Medium Intensity,” Section 142-212, “Main Permitted Uses,” To Expand The Allowable Uses In
The RM-2 District To Include Certain Types Of Office Uses That Are Associated With Nearby
Hotels On Collins Avenue; Providing For Repealer; Severability; Codification; And An Effective
Date. First Reading
(Sponsored by Vice-Mayor Deede Weithorn)
(Legislative Tracking: Planning)
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Commission Agenda, January 15, 2014
R5 - Ordinances (Continued)
R5K An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 54,
Entitled “Floods,” By Amending Article II, Entitled “Floodplain Management,” By Amending
Division 1, Entitled “Generally,” By Amending Section 54-35, Entitled “Definitions” By Amending
The Definition Of “Substantial Improvement” To Apply To Improvements Taking Place During A
One Year Period Instead Of During A Five Year Period; And Providing For Repealer, Severability,
Codification, And An Effective Date. First Reading
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Building)
R5L Height Restrictions Adjacent To Single Family Districts
An Ordinance Amending The Code Of The City Of Miami Beach, Florida By Amending Chapter
142, “Zoning Districts And Regulations,” Article IV, “Supplementary District Regulations,” Division
5, “Height Regulations,” By Creating Section 142-1162, “Height Restrictions Adjacent To Single
Family Zoning Districts,” To Establish Maximum Height Regulations For Any Non-Single Family
Property Located Within 150 Feet Of A Single Family Zoning District; Providing For Codification;
Repealer; Severability; Applicability; And An Effective Date. First Reading
(Sponsored by the Land Use & Development Committee/Requested by Former Commissioner Góngora)
(Legislative Tracking: Planning)
R5M Sidewalk Café Distance Separation Requirements
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 82, "Public Property," Article IV, “Uses In Public Rights-Of-Way,"
Division 5, “Sidewalk Cafes," Subdivision II, “Permit,” Section 82-385, “Minimum Standards,
Criteria, And Conditions For Operation Of Sidewalk Cafes,” To Create A Required Distance
Separation Of 100 Feet From Residential Districts And By Modifying The Operational
Requirements Of Sidewalk Cafes; Providing For Repealer, Codification, Severability And An
Effective Date. First Reading
(Sponsored by the Land Use & Development Committee/Requested by Former Commissioner Góngora)
(Legislative Tracking: Planning)
R5N Mechanical Parking Systems
An Ordinance Amending The Land Development Regulations Of The City Code By Amending
Chapter 130 “Off-Street Parking,” Article II “Districts, Requirements,” Section 130-38, “Mechanical
And Robotic Parking Systems,” By Modifying The Requirements For Mechanical Parking Devices
And Robotic Parking Systems; Providing For Repealer; Codification; Severability And An
Effective Date. First Reading
(Sponsored by the Land Use & Development Committee)
(Legislative Tracking: Planning)
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Commission Agenda, January 15, 2014
R5 - Ordinances (Continued)
R5O MBERP For GSAF
An Ordinance Implementing Provisions Of The 2012-2015 Collective Bargaining Agreement
Between The City And The Government Supervisors Association Of Florida, OPEIU, Local 100
(GSAF); Amending The Miami Beach Employees’ Retirement Plan Created By Ordinance 2006-
3504; Amending Section 2.26 Of The Plan By Extending The Deferred Retirement Option Plan
(DROP) Program From Three (3) To Five (5) Years For Eligible Members; Amending Section
5.13 To Reflect Amended Eligibility And Participation Requirements And Amended DROP Plan
Features; Amending Section 4.03 By Eliminating The Purchase Of Additional Creditable Service
For Certain Members; Amending Section 6.03 Requiring The City To Contribute At Least The
Normal Cost To Pension Each Year, Requiring An Experience Study At Least Every Three (3)
Years And Requiring Five (5), Ten (10) And Twenty (20) Year Projections Of Required Pension
Contributions As Part Of The Annual Actuarial Valuation; Providing For Severability; Repealing All
Ordinances In Conflict Therewith; And Providing An Effective Date. First Reading
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Human Resources)
R5P Fire And Police Pension Ordinance
An Ordinance Amending Part I, Subpart B, Article IX, Related Special Acts, Of The Miami Beach
City Code Entitled “Pension System For Disability And Retirement Of Members Of Police And
Fire Departments”; Implementing Provisions Of The 2012-2015 Collective Bargaining
Agreements Between The City And Fire Fighters Of Miami Beach, (IAFF) Local 1510, And Miami
Beach Fraternal Order Of Police, William Nichols Lodge No. 8 (FOP); Implementing
Recommendations Of The Budget Advisory Committee, A Memorandum Of Understanding And
Other Changes; Amending Section 63 Entitled “Source Of Monies For Fund; Computation Of
Liability; Use And Investment Of Fund”; “Service Record”; And Amending Section 66 Entitled
“Service And Disability Benefits Generally”; Providing For Severability; Repealing All Ordinances
In Conflict Therewith; And Providing For An Effective Date. First Reading
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Human Resources)
R5Q Talmudic University - RM-2 Heights
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article II, “District
Regulations,” Subdivision IV, “RM-2 – Residential Multifamily, Medium Intensity,” Section 142-
217, “Area Requirements,” To Modify The Requirements For Maximum Building Height And
Maximum Number Of Stories Within The RM-2 District Along Alton Road Between Arthur Godfrey
Road And West 34th Street; Providing For Codification; Repealer; Severability; And An Effective
Date. First Reading
(Sponsored by the Land Use and Development Committee)
(Legislative Tracking: Planning)
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Commission Agenda, January 15, 2014
R5 - Ordinances (Continued)
R5R 4000 Alton Road - Talmudic University FLUM Amendment And Zoning Map Change
1. Talmudic Site - FLUM Change
An Ordinance Amending The Future Land Use Map Of The Comprehensive Plan By
Changing The Future Land Use Category For Parcels Of Land Adjacent To What Is More
Commonly Known As The “Talmudic University,” More Particularly Described In The Legal
Description Attached As Exhibit “A” Hereto, From The Current ROS, “Recreation And
Open Space,” To The Future Land Use Category Of RM-2, “Residential Multifamily
Medium Intensity;” Providing For Inclusion In The Comprehensive Plan, Transmittal,
Repealer, Severability And An Effective Date. First Reading
(Sponsored by the Land Use and Development Committee)
2. Talmudic Site - Zoning Map Change
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 Parcels Of Land Adjacent To What Is More Commonly Known As The
“Talmudic University,” More Particularly Described In The Legal Description Attached As
Exhibit “A” Hereto, From The Current Zoning Classification GU, “Government Use
District,” To The Proposed Zoning Classification RM-2, “Residential Multi-Family Medium
Intensity,” Providing For Codification, Repealer, Severability And An Effective Date. First
Reading
(Sponsored by the Land Use and Development Committee)
R5S An Ordinance Amending Chapter 2 Of The City Code, Entitled “Administration,” By Amending
Article III, Entitled “Agencies, Boards And Committees” To Streamline The City’s Boards By
Expanding The Powers, Duties And/Or Membership Of Certain Agencies, Boards And
Committees And Abolishing Those That Are Superseded By The Enhanced Agencies, Boards,
And Committees; Providing For Repealer, Severability, Codification, And An Effective Date.
First Reading
(Sponsored By Commissioner Joy Malakoff)
(Legislative Tracking: City Attorney’s Office)
R5T An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled “Administration,” By
Amending Article IV Entitled “Officers And Employees,” By Amending Section 2-191 Entitled
“Enumeration Of Organizational Units,” By Creating The Office Of Communications, Office Of
Budget And Performance Improvement, Information Technology Department, Procurement
Department, Tourism, Culture And Economic Development Department, Planning Department,
Office Of Housing And Community Development, And Office Of Capital Improvement Projects;
Eliminating The Divisions Under Offices And Departments; And Further Providing Amendments
To The Names Of Certain Departments And Offices; Providing For Severability; Repealing All
Ordinances In Conflict Therewith; And Providing For An Effective Date.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Human Resources)
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Commission Agenda, January 15, 2014
R7 - Resolutions
R7A A Resolution Setting The Dates For The 2014 City Commission Meetings. Joint City
Commission & Redevelopment Agency
(City Clerk’s Office)
(Continued from December 11, 2013)
R7B A Resolution Approving And Authorizing The Mayor And The City Clerk To Execute Guaranteed
Maximum Price (GMP) Amendment No. 1 To The Pre-Construction Services Agreement With
QGS Development, Inc., Dated March 20, 2012, For Construction Management At Risk Services
For The Par 3 Golf Course Project, In The Amount Of $4,227,898 Plus A Five Percent Owner’s
Contingency In The Amount Of $211,395; For A Total Amount Of $4,439,293 With Previously
Appropriated Funding In The Amount Of $3,637,975 From Fund 388 - MDC CDT Interlocal-
CDT/Resort Fund; $100,000 From Fund 429 - Stormwater LOC – Reso 2009-27076; $211,395
From Fund 388 - MDC CDT Interlocal-CDT/Resort Fund; And $489,923 From Fund 306 – Mid
Beach Quality Of Life, Subject To Future Appropriation Through A Capital Budget Amendment To
The Capital Budget For Fiscal Year 2013/14 To Be Presented At The January 15, 2014
Commission Meeting.
(Capital Improvement Projects)
(Deferred on December 11, 2013)
R7C A Resolution Adopting The First Amendment To The General Fund, Enterprise Fund, Internal
Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY) 2013/14. 10:10 a.m.
Public Hearing
(Budget & Performance Improvement)
R7D A Resolution Adopting The Second Amendment To The Capital Budget For Fiscal Year (FY)
2013/14. 10:15 a.m. Public Hearing
(Budget & Performance Improvement)
R7E A Resolution Setting Forth An Order [Granting Or Denying] An Appeal Request Filed By Patricia
Fuller, Pertaining To A Decision Of The Design Review Board (“DRB”) For The Property Located
At 1 Washington Avenue - South Pointe Park (File No. 22977). 11:50 a.m. Public Hearing
(Parks & Recreation/Planning/City Attorney’s Office)
(Continued from December 11, 2013)
(Memorandum to be Submitted in Supplemental)
R7F A Resolution Ratifying A Memorandum Of Understanding Between The City Of Miami Beach And
The International Association Of Fire Fighters, (IAFF), Local 1510, Pertaining To Retirement
Benefits, In Furtherance Of The 2012-2015 Collective Bargaining Agreement.
(Human Resources)
R7G A Resolution Consenting To The Appointment Of Maria Ruiz As The Director Of The Office Of
Housing And Community Development For The City Of Miami Beach.
(Human Resources)
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Commission Agenda, January 15, 2014
R7 - Resolutions (Continued)
R7H A Resolution Consenting To The Appointment Of Hernan D. Cardeno As The Director Of The
Code Compliance Department For The City Of Miami Beach.
(Human Resources)
R7I A Resolution Consenting To The Appointment Of David D. Martinez As The Director Of The
Office Of Capital Improvement Projects For The City Of Miami Beach.
(Human Resources)
R7J A Resolution Consenting To The Appointment Of Thomas R. Mooney As The Acting Director Of
The Planning Department For The City Of Miami Beach.
(Human Resources)
R7K A Resolution Approving And Authorizing The City Manager To Recapture And Reallocate
$748,477 Of Community Development Block Grant (CDBG) Funds And $1,591,363 Of Home
Investment Partnership (HOME) Funds; Amend The FY 2008 Through FY 2013 Action Plans;
Issue A Notice Of Public Meeting On The Proposed Substantial Amendments To The City’s FY
2008 Through FY 2013 Action Plans, To Include A Thirty (30) Day Public Comment Period; And
Issue A Request For Proposals (RFP) For The Recaptured HOME Funds To Ensure Compliance
With The United States Housing And Urban Development (HUD) Department’s Rules And
Regulations.
(Housing & Community Development)
R7L A Resolution Authorizing The City Of Miami Beach Parks And Recreation Department And Office
Of Community Services To Move Forward With Occupying And Programming The Approximate
52,000 Square Feet Of City Owned Property Located At 8108-8140 Collins Avenue, Known As
The Log Cabin Property Site By Relocating The Existing Fairway Park Teen Club In Conjunction
With Immediate Programs Such As Family Group Conferencing Services Available Through The
City’s Office Of Community Services.
(Parks & Recreation)
R7M A Resolution Authorizing The City Manager To Accept A Settlement In The Amount Of
$10,000.00 Toward The Late Charges Totaling $205,350.00 (“Production Sud Late Charges”),
Which Were Found To Be Due And Owing To The City Pursuant To The City’s Audit, In
Connection With The Management Agreement (“Agreement”) Between The City And Production
Sud, Inc. (“Production Sud”), Relating To The Antiques And Collectibles Market For The Period
From October 1, 2010 Through May 5, 2013 (“Production Sud Audit”); And Further Authorizing
The City Manager To Waive The Remaining Balance Of The Production Sud Late Charges In
The Total Sum Of $195,350.00.
(Tourism, Culture & Economic Development)
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Commission Agenda, January 15, 2014
R7 - Resolutions (Continued)
R7N A Resolution Approving And Authorizing The City Manager To Utilize Contract No. _________
With ______________ For The Operation Of Turnkey Transit Services, In The Amount Of
$___________, And Waiving, By 5/7th Vote, The Formal Competitive Bidding Requirements,
Finding Such Waiver To Be In The Best Interest Of The City.
(Public Works)
(Memorandum to be Submitted in Supplemental)
R9 - New Business and Commission Requests
R9A Board And Committee Appointments.
(City Clerk’s Office)
R9A1 Board And Committee Appointments - City Commission Appointments.
(City Clerk’s Office)
R9A2 Nomination Of Henry Stolar For The Noise Working Group.
(Requested by Commissioner Edward L. Tobin)
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (8:30 a.m.)
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (1:00 p.m.)
R9C1 Mayor’s Memorandum On The Miami Beach Convention Center District Project (MBCC Project).
(Requested by Mayor Philip Levine)
R9C2 Update On The Miami Beach Convention Center Project.
(City Manager’s Office)
R9D Discuss The Creation Of A Beach For Disabled Residents And Visitors To Miami Beach And A
Referral To The Disability Access Committee.
(Commissioner Edward L. Tobin)
R9E The Committee Of The Whole Will Meet On January 15, 2014 In The City Manager’s Office Large
Conference Room To Discuss The 2014 City Commission Meeting Dates.
(City Clerk’s Office)
R9F Discussion Regarding Authorizing The City Of Miami Beach Parks And Recreation Department
To Commence With The Planning Of A Skate Park On The Vacant Property Located Along
Collins Avenue With A Northern Border Of 87th Street And A Southern Border Of 86th Street In
Partnership With The City Of Surfside.
(Parks & Recreation)
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Commission Agenda, January 15, 2014
R9 - New Business and Commission Requests (Continued)
R9G Status Updates On Initiatives To Mitigate The Impacts Of Alton Road Construction Project.
(City Manager’s Office)
R9H Discussion Regarding Additional 2014 Community Satisfaction Survey Questions For Nautilus
Middle School.
(City Manager’s Office)
R9I Presentation Of A Summary Of The Study/Studies Conducted To Determine What Is Needed To
Enhance The Miami Beach Convention Center (MBCC).
(Requested by Commissioner Micky Steinberg)
R9J Follow Up Discussion Regarding The Noise For Le Trianon Condo.
(Requested by Vice-Mayor Deede Weithorn)
R9K Discussion Regarding The Petition Presented By The Residents At 1446 Ocean Drive, Relating
To The Lack Of Enforcement Of Ordinance 2011-3718.
(Requested by Commissioner Michael Grieco)
R10 - City Attorney Reports
R10A City Attorney’s Status Report.
(City Attorney Office)
R10B Notice Of Closed Executive Session
Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During
Recess Of The City Commission Meeting On Wednesday, January 15, 2014, In The City
Manager’s Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To
Collective Bargaining.
17
Commission Agenda, January 15, 2014
Reports and Informational Items
1. Reports and Informational Items (see LTC 013-2014)
2. List of Projects Covered by the Cone of Silence Ordinance - LTC.
(Procurement)
3. Report From Commission Committees Of Withdrawn Items Not Heard Within (6) Six Months
From Their Referral Date.
(City Clerk’s Office)
End of Regular Agenda
18
Commission Agenda, January 15, 2014
Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
January 15, 2014
Chairperson of the Board Philip Levine
Member of the Board Michael Grieco
Member of the Board Joy Malakoff
Member of the Board Micky Steinberg
Member of the Board Edward L. Tobin
Member of the Board Deede Weithorn
Member of the Board Jonah Wolfson
Executive Director Jimmy L. Morales
Assistant Director Joe Jimenez
General Counsel Jose Smith
Secretary Rafael E. Granado
AGENDA
1. NEW BUSINESS
A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment
Agency (RDA), Setting The Dates For The Year 2014 Redevelopment Agency Meetings.
Joint City Commission & Redevelopment Agency
(City Clerk’s Office)
19