20120214 Titles Agenda City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
February 12, 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, February 12, 2014
Presentations and Awards
Presentations and Awards Meeting will take place on the February 26, 2014.
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 - Competitive Bid Reports
C2A Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 269-2013ME,
For Janitorial Services, Citywide.
(City Manager’s Office/Procurement)
C2B Request For Approval To Issue A Request For Qualifications (RFQ) 2014-128-MF For
Governmental Consulting Services.
(City Manager’s Office/Procurement)
C2C Request For Approval To Issue An Invitation To Negotiate (ITN) For An Online City Merchandise
Store.
(Tourism, Culture & Economic Development/Procurement)
C2D Request For Approval To Issue A Request For Qualifications (RFQ) No. 2014-116-SR For Traffic
Engineering Consulting Services.
(Planning/Procurement)
C2E Request Approval To Exercise Term Renewal Options On Contracts For Routine Operational
Requirements.
(Procurement)
C2F Request For Approval To Award Contracts Pursuant To Invitation To Bid (ITB) No. 2013-069 For
The Citywide Maintenance Of Elevators.
(Public Works/Parking/Procurement)
C2G Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 2014-079 For
Plumbing Services.
(Public Works/Procurement)
2
Commission Agenda, February 12, 2014
C2 - Competitive Bid Reports (Continued)
C2H Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) 2014-080 For
Electrical Services.
(Public Works/Procurement)
C2I Request For Approval To Award Contracts Pursuant To Invitation To Bid (ITB) No. 2014-057 For
The Purchase Of Bulk Concrete Mix.
(Public Works/Procurement)
C2J Request For Approval To Issue A Request For Qualifications (RFQ) For A Design Criteria
Professional (DCP) To Prepare The Design Criteria Package For The Miami Beach Convention
Center Renovation Project, Which Is Intended To Be A Design-Build Contract.
(City Manager’s Office/Procurement)
C4 - Commission Committee Assignments
C4A Referral To The Planning Board - An Ordinance Amending Section 142-1132 Of The City Code,
Pertaining To Accessory Buildings In Single Family Districts.
(Sponsored by Commissioner Joy Malakoff)
C4B Referral To The February 19, 2014 Land Use And Development Committee - Discussion
Regarding: 1) Amendment To City Code Section 2-459, To Provide For Limited Exception
Permitting "Associates" Of City Agency Members To Lobby As Architects/Design Professionals
Before A City Land Use Board; And Related Process For Amending Code Section 2-459; And 2)
Streamlining City’s Design Application Process By Amendment Of City’s Laws To Permit
Variance Requests Arising Out Of Projects Before Design Review Board And/Or Historic
Preservation Board Be Heard By Those Boards, Rather Than Necessitating Applicant To File A
Separate Variance Application To Board Of Adjustment; And Related Process For Laws’
Amendments.
(Requested by Commissioner Joy Malakoff)
C4C Referral To Neighborhood/Community Affairs Committee - Discussion Of Placing A Plaque At
Flamingo Park Tennis Center In Memory Of Jerry Moss, The First National Tennis Champion
From Miami Beach.
(Requested by Commissioner Joy Malakoff)
C4D Referral To The Planning Board - A Discussion Regarding Incorporating The Stormwater
Management Master Plan Into The Land Development Regulations.
(Public Works)
3
Commission Agenda, February 12, 2014
C4 - Commission Committee Assignments (Continued)
C4E Referral To Planning Board And Land Use & Development Committee - Changing The Level In
Which A Commercial Building Is Built From Grade To Base Flood Elevation.
(Requested by Commissioner Joy Malakoff)
C4F Referral To The Neighborhood/Community Affairs Committee - An Ordinance Amending Chapter
18 Of The City Code, Entitled “Businesses,” To Provide Regulations And Standards For Nude
Dance Establishments.
(Requested by Commissioner Edward L. Tobin)
(Legislative Tracking: City Attorney’s Office)
C4G Referral To The Land Use And Development Committee - Discussion On The Proposed Terminal
Island Residential Project.
(City Manager’s Office)
C6 - Commission Committee Reports
C6A Report Of The Land Use And Development Committee Meeting On January 22, 2014: 1)
Discussion Of The City’s Draft Tree Ordinance Prepared By The Parks And Recreation
Department’s Green Space Management Division. 2) Parking District No. 5 - Sunset Harbour. 3)
Discussion Regarding The Code Section Governing Unities Of Title And Covenants In Lieu Of
Unity Of Title. 4) a) Boat Docks And Marine Structures Ordinance. b) Discussion Regarding
Decks, Docks & Seawall Over City Land, And The Need To Issue A Revocable Permit. 5)
Discussion Regarding Incorporating The Stormwater Management Master Plan Into The Land
Development Regulations. 6) Discussion Regarding Proposed Amendment To Chapter 6,
Alcoholic Beverages, To Correct Scrivener’s Errors Regarding On-Premises And Off-Premises
Consumption. 7) Discussion For Consideration Of Establishing Acceptable Accessory Uses
Permitting Restaurants In Contributing Historic Structures Within The RM-2 Cultural Arts
Neighborhood Overlay District. 8) Discussion Regarding A Comprehensive Ordinance
Amendment, Modifying The Single Family Development Regulations To Address The Issue Of
‘Oversized’ Homes.
4
Commission Agenda, February 12, 2014
C6 - Commission Committee Reports (Continued)
C6B Report Of The Finance And Citywide Projects Committee Meeting On January 30, 2014:
Emergency Item: 1) Discussion Regarding World Out Games Miami Beach 2017 Update. I.
Agenda Items That Were Previously Referred By Commissioners Who Are No Longer With
The City Commission: 1) Status Update On Business Tax Process Improvement. 2) Discussion
Regarding: Business Tax Receipt Renewal Notices; How We Handle Over Charges; Reasons For
Miscalculations; And Corrective Action Plan. 3) Discussion Regarding Small Cells On Existing
Poles. 4) Discussion Regarding Red Light Cameras In Miami Beach In Light Of A New State Law
That Goes Into Effect On July 1, 2013. 5) Discussion Regarding Enhancements To Our Parking
System To Offer Resident’s Better Rate As It Pertains To Scooters And Motorcycles, And Set Up
Special Spaces To Encourage The Use Of Scooters And Motorcycles To Further Reduce Traffic.
6) Discussion To Add The Additional Pending Block Party Fees To The Already Approved
Commission Waiver Fee For Miami Beach Gay Pride 2013 That Was Approved In March 2013. 7)
Discussion To Support Miami-Dade County Public Schools Spanish Foreign Language Initiative
In Which All Miami Beach Feeder Schools Offer Spanish Foreign Language Tracks To Enable All
Interested Miami Beach Students To Take Spanish For High School Credit In All Miami Beach
Middle Schools And High Schools (Nautilus Middle, Feinberg Fisher K8, And Ruth K. Broad Bay
Harbor K8). 8) Ordinance No. 2013-3826 Adopted And Referred To The Finance And Citywide
Projects Committee To Discuss The 60 Employees That Are Capped Out. 9) Discussion
Regarding The Liability Of Police Officers As It Pertains To Off Duty Work. 10) Discussion To
Enhance Police Patrol In Miami Beach Schools, Which In Turn Secures The Safety Of All
Students, Parents And Staff. 11) Discussion That Looks Into What Occurs With Our MBPD
Retired Police Dogs And To Discuss Possible Allocation Of Funding For Their Medical Needs. II.
Discussion Of Old Business Items To Determine If They Should Remain On The Pending
Items List: 1) Discussion Regarding Exploring The Impacts From The Reduction Of On-Street
Parking Spaces On Alton Road Between 6th Street And Michigan Avenue Caused By The FDOT
Project. 2) Discussion Regarding Proposed Comprehensive Records Management Plan. 3)
Discussion Regarding Proposed City Wide Survey Of Single Family Home Districts In Order To
Determine The Number Of Architecturally Significant Homes In The City. 4) Discussion
Regarding A Possible Partnership Between The City Of Miami Beach And The Bicycle Action
Committee (BAC) In An Effort To Promote Safety For Bicyclists. III. Old Business: 1) Discussion
Regarding Upgrade To Municipal Parking Garage Gated Revenue Control System. IV. New
Business: 2) Discussion On The Review And Recommendations For Improving The City's
Procurement Code Completed By The National Institute For Public Procurement (NIGP). 3)
Discussion Regarding TECO/Peoples Gas System, Inc. Franchise Agreement.
C6C Report Of The Neighborhood/Community Affairs Committee Meeting On January, 30, 2014: 1)
Discussion Of Old Business Items To Determine If They Should Remain On The Pending Items
List. 2) Discussion Regarding The Continuation Of The Adopt-A-Beach Pilot Program. 3)
Discussion Regarding A Resolution Approving An Amendment To The Flamingo Neighborhood
Basis Of Design Report For 10-Foot Travel Lanes On Local Avenues And Streets As Well As
Four (4) Feet Of Green Space And A 10-Foot Wide Path/Cycle Track Sidewalk Shared On Each
Side In Lieu Of Bike Lane For 16th Street. 4) Discussion Of Safety And Water Sports In
Residential Areas. 5) Discussion Regarding The Andree Juliette Brun Bust And Chuck Hall Bust
Formerly On Display At The Jackie Gleason Theater. 6) Discussion Regarding An Ordinance Of
The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 2 Of
The City Code, Entitled “Administration” By Amending Committee’s” 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 Boards, And Committees; Providing For Repealer,
Severability, Codification, And An Effective Date. 7) Discussion Regarding The Establishment Of
The City’s Ticket Policy.
5
Commission Agenda, February 12, 2014
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit Grant
Applications To: 1) The Florida Department Of Agriculture And Consumer Services, Urban And
Community Forestry Program, In The Approximate Amount Of $10,000 For The Tree Inventory;
2) State Of Florida, Department Of Environmental Protection, Land And Water Conservation
Fund (LWCF) For Funding In The Approximate Amount Of $200,000 For Park Improvements; 3)
Florida Junior Golf Council, For Funding In The Approximate Amount Of $5,000 For The
Normandy Shores Youth Golf Program; 4) State Of Florida, Department Of Health, For Funding
In The Approximate Amount Of $40,000 For Equipment Related To Pre-Hospital Emergency
Services; 5) Florida Office Of The Attorney General, Victims Of Crime Act (VOCA) Funding, In
The Approximate Amount Of $100,000 For The City’s Victims’ Advocate Program; And, 6)
Approval To Submit A Request To The State Legislature For Water Projects Funding In The
Approximate Amount Of $500,000; Appropriating The Above Grants, Funding Requests,
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 And Funding Requests.
(Budget & Performance Improvement)
C7B A Resolution Authorizing The Manager To Amend Contracts Awarded Pursuant To ITB 25-10/11
For The Purchase And Delivery Of Uniforms And Accessories For Various Departments.
(Human Resources/Procurement)
C7C A Resolution Accepting The Recommendation Of The City Manager Pursuant To Request For
Proposals (RFP) No. 228-2013, For Emergency Shelter Beds To Serve Homeless Population.
(Community Services/Procurement)
C7D A Resolution Electing Commissioner Micky Steinberg, Group I, As Vice-Mayor, For A Term
Commencing On March 1, 2014 And Terminating On June 30, 2014, Or On Such Date When A
New Vice-Mayor Is Thereafter Elected.
(City Clerk’s Office)
C7E A Resolution Waiving Space Rental Charges At The Colony Theatre For The Nautilus Middle
School Parent/Teacher Association Ray Modia Retirement Concert.
(Requested by Commissioner Micky Steinberg)
(Legislative Tracking: City Attorney’s Office)
C7F A Resolution Waiving, By 5/7ths Vote, The Formal Competitive Bidding Requirement, Finding
Such Waiver To Be In The Best Interest Of The City, And Authorizing The City Manager To
Negotiate And Execute Lease Agreements With Williams Scotsman And Modspace, For The
Lease Of Office Trailers, Not To Exceed Annual Amount Of $32,712, For A Period Of One (1)
Year, In Order to Continue To House The Offices For Certain Property Management Division
Staff.
(Public Works)
6
Commission Agenda, February 12, 2014
C7 - Resolutions (Continued)
C7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1
To Agreement Of Lease (“Ground Lease”) By And Between The City Of Miami Beach (“ Owner”),
And 1691 Michigan Ave Investment LP (“Tenant”), Dated As Of September 1, 1999, Involving
The Improvements To Property Located At 1663 Michigan Avenue, Miami Beach, Florida
(“Garage Facility”) And 1691 Michigan Avenue, Miami Beach, Florida (“Office Space”)
(Collectively The “Project”); Modifying The Scope Of Use Under The Ground Lease By Reducing
The Minimum Number Of Parking Spaces Required For The Garage Facility, From 700 To 645
Spaces; Increasing The Minimum Number Of Parking Spaces Required To Be Maintained At All
Times For Use By The General Public From 100 To 155 Parking Spaces; And Further Increasing
The Minimum Number Of Monthly Parking Spaces For Members Of The General Public From 50
To 75, In Connection With The Development Of A Miniature Golf Project At The Sixth Floor Of
The Garage Facility.
(Tourism, Culture & Economic Development)
C7H A Resolution Waiving, By A 5/7ths Vote, The Formal Competitive Bidding Requirements, Finding
Such Waiver To Be In The City’s Best Interest, And Authorizing The Procurement Of Construction
Services, In The Not To Exceed Amount Of $50,000, Plus A $5,000 Contingency, For A Total Of
$55,000, From Central Florida Equipment Rentals, Inc., To Relocate 155 Linear Feet Of 8 Inch
Dip Water Main On SR-A1A (Indian Creek Drive), From 42nd To 44th Street, In Conjunction With
The FDOT’s Indian Creek Drive And Collins Avenue Stormwater Drainage Improvement Project.
(Public Works)
C7I A Resolution Approving An Assignment Of The Service Agreement, Dated June 9, 2010, For
Collection And Disposal Of Residential Solid Waste, Yard Trash, Bulk Waste, And Operation Of
The City’s Green Waste Facility, From Choice Environmental Services, Inc. (As The Successor,
Via Merger, To Choice Environmental Services Of Miami, Inc.), As Assignor, To Progressive
Waste Solutions Of FL, Inc. (Progressive), As Assignee; And Also Acknowledging A Change Of
Name, Under Both The Non-Exclusive Franchise Agreement For Residential And Commercial
Solid Waste Collections And Disposal And The Service Agreement For Additional Solid Waste
Collection Services And Collection Of Recycling Materials At City-Owned Properties, Parks,
Rights Of Ways, And Other Public Facilities And Property(ies), From Waste Services Of Florida,
Inc., To Progressive Waste Solutions Of FL, Inc.; Which Change Of Name Took Place On August
16, 2013, And Which Does Not Require Approval And/Or Other Action Of The City Commission.
(Public Works)
C7J A Resolution Accepting The Recommendation Of The Sustainability Committee At Its January 21,
2014 Meeting To Allocate And Appropriate The Revenue Generated From Toner, Inkjet, And
Laser Cartridge Recycling At Various City Facilities, Pursuant To Miami-Dade County Contract
No. IB8091-0/18, To Fund Environmental Programs In The City.
(Public Works)
C7K A Resolution Approving The Recommendation Of The Flooding Mitigation Committee To Amend
The Stormwater Management Master Plan (Commission Adopted November 14, 2012) By
Modifying The Design Criteria For The Tailwater Elevation From 0.5 FT-NAVD To 2.7 FT-NAVD
For All Tidal Boundary Conditions.
(Public Works)
7
Commission Agenda, February 12, 2014
C7 - Resolutions (Continued)
C7L A Resolution Waiving Space Rental Charges At The Colony Theatre, For The Miami Herald
Media Company’s Screening Of “The Day It Snowed In Miami” A Feature Length Documentary
By Joe Cardona On March 4, 2014.
(Tourism, Culture & Economic Development)
C7M A Resolution Authorizing The Mayor And City Clerk To Execute A Maintenance Memorandum Of
Agreement With The Florida Department Of Transportation (FDOT) For The Maintenance Of
Hardscape Improvements At The West Side Of The Intersection Of Collins Avenue And Lincoln
Road Related Right-Of-Way Infrastructure Improvement Program City Center Neighborhood #9C
(Lincoln Road) Project.
(Capital Improvement Projects Office)
C7N A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order
No. 1 To Lanzo Construction Co. Florida, For The Purchase And Installation Of Automatic Meter
Readers For The Venetian Islands Bid Package 13C Right-Of-Way Infrastructure Improvement
Project, In The Amount Of $195,532 Plus Contingency In The Amount Of $19,553; For A Total Of
$215,085 From Previously Appropriated Funds From 423 – Gulfbreeze 2006 Fund.
(Capital Improvement Projects)
C7O A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
Authorizing The City Manager To Enter Into A Grant Agreement With Miami Beach-Miami LGBT
Sports And Cultural League, Inc. For $100,000, With $50,000 To Be Repaid Upon Receipt Of
Funding From The Miami Beach Visitor And Convention Authority, In Support Of The World
Outgames 2017.
(Tourism, Culture & Economic Development)
C7P A Resolution Waiving Building Rental Fees At The Colony Theatre, In The Amount Of $9,700 For
The Miami Gay & Lesbian Film Festival’s 16th Year Celebration.
(Requested by Commissioner Micky Steinberg)
C7Q A Resolution Authorizing The City Manager To Investigate Any And All Options Including, Without
Limitation, Extending The Hours Of Construction Activities Pursuant To Section 46-156 Of The
City Code, In Order To Expedite Construction On Florida Department Of Transit (FDOT) Alton
Road Improvements From 5th Street To Michigan Avenue (The Project) So That The Project May
Be Completed Prior To Its Scheduled Completion Date Of April 2015, And On Or Before
December 31, 2014, If Possible, And To Report All Options To The City Commission At The
March 5, 2014 City Commission Meeting.
(Requested by Mayor Philip Levine)
(Legislative Tracking: City Attorney’s Office)
C7R A Resolution Setting A Public Hearing To Adopt The Third Amendment To The Capital Budget
For Fiscal Year (FY) 2013/14.
(Budget & Performance Improvement)
(Memorandum to be Submitted in Supplemental)
8
Commission Agenda, February 12, 2014
C7 - Resolutions (Continued)
C7S A Resolution Accepting The Recommendation Of The City Manager To Reject All Proposals
Received Pursuant To Request For Proposals (RFP) 14-11/12 For A Public-Private Development
In Miami Beach On North Lincoln Lane, Between Alton Road And Meridian Avenue, Including
City-Owned Parking Lot #25 On 17th Street And Lenox Avenue, Parking Lot #26 On North
Lincoln Lane, Between Lenox Avenue And Michigan Avenue, And Parking Lot #27 On North
Lincoln Lane Between Jefferson Avenue And Meridian Avenue On North Lincoln Lane, Between
Alton Road And Meridian Avenue, Including City-Owned Parking Lot #25 On 17th Street And
Lenox Avenue, Parking Lot #26 On North Lincoln Lane, Between Lenox Avenue And Michigan
Avenue, And Parking Lot #27 On North Lincoln Lane Between Jefferson Avenue And Meridian
Avenue.
(City Manager’s Office/Procurement)
(Memorandum to be Submitted in Supplemental)
End of Consent Agenda
9
Commission Agenda, February 12, 2014
REGULAR AGENDA
R5 - Ordinances
R5A 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. 10:10 a.m. Second Reading Public Hearing
(Sponsored by the Planning Board)
(Legislative Tracking: Planning Department)
(First Reading on January 15, 2014/Referred to LUDC)
R5B 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. 10:25
a.m. Second Reading Public Hearing
(Sponsored by the Land Use & Development Committee/
Requested by Former Mayor Bower)
(Legislative Tracking: Planning Department)
(First Reading on January 15, 2014)
R5C 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. 10:40 a.m. First Reading Public
Hearing
(Sponsored by the Land Use & Development Committee/Requested by City Commission)
(Legislative Tracking: Planning Department)
10
Commission Agenda, February 12, 2014
R5 - Ordinances (Continued)
R5D 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. 10:55 a.m. Second Reading Public Hearing
(Sponsored by the Land Use & Development Committee)
(Legislative Tracking: Planning)
(First Reading on January 15, 2014)
R5E 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. 11:05 a.m. Second Reading Public Hearing
(Sponsored by the Land Use and Development Committee)
(Legislative Tracking: Planning)
(First Reading on January 15, 2014)
R5F 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. 11:15 a.m. Second Reading Public Hearing
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Building)
(First Reading on January 15, 2014)
R5G 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. 11:25
a.m. Second Reading Public Hearing
(Sponsored By Commissioner Joy Malakoff)
(Legislative Tracking: City Attorney’s Office)
(First Reading on January 15, 2014/Referred to NCAC)
11
Commission Agenda, February 12, 2014
R5 - Ordinances (Continued)
R5H No Wake Zone Ordinance
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 66,
Entitled "Marine Structures, Facilities And Vehicles," By Amending Article II, Entitled "Restricted
Wake Zones," By Amending Section 66-43, Entitled "Restricted Areas," By Amending Subsection
C Thereof Regarding The Slow Speed, Minimum Wake Zone By Amending The Boundaries
Thereof And Amending Area C On The Appendix Thereto; Providing For Repealer, Severability,
Codification, And An Effective Date. 11:35 a.m. Second Reading Public Hearing
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: City Attorney’s Office)
(First Reading on January 15, 2014)
R5I 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. 11:45 a.m. Second
Reading Public Hearing
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Human Resources)
(First Reading on January 15, 2014)
R5J 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. 11:55 a.m. Second Reading
Public Hearing
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Human Resources)
(First Reading on January 15, 2014)
12
Commission Agenda, February 12, 2014
R5 - Ordinances (Continued)
R5K 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. 5:05 p.m. First Reading Public Hearing
(Sponsored by Vice-Mayor Deede Weithorn)
(Legislative Tracking: Planning)
R5L Building Department Permit Fees
An Ordinance Amending Chapter 14 Of The City Code, Entitled “Building Regulations,” By
Amending Article II, Entitled “Construction Standards,” By Amending Division 2, Entitled “Permit
Fees,” By Amending The Following Sections Therein, To Wit: Section 14-61, Entitled “Permit
Fees, Generally”; Section 14-62, Entitled “Building Permits”; Section 14-63, Entitled “Plumbing
Permits”; Section 14-64, Entitled “Electrical Permits”; Section 14-65, Entitled “Mechanical
Permits”; Section 14-66, Entitled “Annual Facility Permit”; Section 14-67, Entitled “Forty-Year
Building Recertification Program”; Section 14-68, Entitled “Occupant Content Sign”; Section 14-
70, Entitled “General Information”; Section 14-71, Entitled “Temporary Structure”; To Provide For
Express Permits, Phase Permits, Private Provider Fee Discounts, Permit Fee Reductions And
Refunds, And To Provide For A More Efficient, Effective, And Transparent Way To Assess Fees
For Building Permit Services, And By Amending Corresponding Portions Of Division 2 Of
Appendix A Of The City Code, Entitled “Permit Fees,” Relating To Building, Plumbing, Electrical,
And Mechanical Work, And Other Building Department Activities; Providing For Repealer,
Severability, Codification, And An Effective Date. First Reading
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Building)
R5M Resort Tax Ordinance
An Ordinance Amending Chapter 102 Of The Miami Beach City Code Entitled “Taxation,” By
Amending Article IV Entitled “Resort Tax,” By Amending Division 4 Entitled “Tax,” By Amending
Section 102-314 Entitled “Penalties And Interest,” By Amending Subsection F Thereof Regarding
The Establishment Of A Fixed Late Reporting Penalty For Annual Returns Filed Late Where No
Tax Is Due; Providing For Codification; Repealer; Severability; And An Effective Date. First
Reading
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Finance Department)
R5N An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2,
Entitled “Administration,” By Amending Article III, Entitled “Agencies, Boards And Committees,”
By Amending Section 2-27, Entitled “Reserved,” To Create A 5/7th Vote Requirement For The
Creation Of Agencies, Boards And Committees; Providing Exceptions Thereto; And Providing For
Repealer, Severability, Codification, And An Effective Date. First Reading
(Sponsored By Vice-Mayor Deede Weithorn)
(Legislative Tracking: City Attorney’s Office)
13
Commission Agenda, February 12, 2014
R5 - Ordinances (Continued)
R5O 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)
R7 - Resolutions
R7A A Resolution Consenting To The Appointment Of Virgilio Fernandez As Fire Chief And Fire
Marshal For The City Of Miami Beach, Florida.
(Human Resources)
R7B A Resolution Authorizing The City Manager To Accept A Settlement, In The Amount Of
$10,000.00, In Full And Final Settlement Of 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”).
(Tourism, Culture & Economic Development)
R7C A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At Its January 30, 2014 Meeting To Repeal Resolution Nos. 10840 And 2000-24216
And To Sunset The City Of Miami Beach Fine Arts Board Effective September 30, 2014.
(Requested by Commissioner Joy Malakoff)
(Legislative Tracking: City Attorney’s Office)
R7D A Resolution Repealing Resolution No. 2013-28305 And Accepting The Recommendation Of The
Neighborhood/Community Affairs Committee At Its January 30, 2014 Meeting To Sunset The
Flooding Task Force Ad Hoc Committee Effective May 31, 2014.
(Requested by Commissioner Joy Malakoff)
(Legislative Tracking: City Attorney’s Office)
14
Commission Agenda, February 12, 2014
R7 - Resolutions
R7E A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting
The Findings And Recommendation Of The City Manager In Declaring An Emergency Pursuant
To Subsection 287.055(9)(c)(6)(a)(1), Florida Statutes, All As More Specifically Set Forth In This
Resolution And The Accompanying Commission Memorandum; And, As Permitted Pursuant To
Section 2-367(e) Of The City Code, Waiving, By 5/7ths Vote, The Competitive Bidding
Requirement, Finding Such Waiver To Be In The City’s Best Interest, And Authorizing The City
Manager To Take The Following Actions To Procure The Necessary Emergency Design And
Construction Services, Pursuant To A Negotiated Design-Build Contract For The Remaining
Stormwater Pump Stations For 6th Street, 10th Street And 14th Street, With The Firm Of
Bergeron Land Development, Inc., The FDOT Contractor For The Alton Road Improvements
Project, In The Not To Exceed Amount Of $11,250,000: 1) Prepare, Whether Through The City’s
Public Works Department, Or Through Retention Of An Outside Design Criteria Professional, As
Determined By The City Manager, A Design Criteria Package (DCP) Which Complies With The
Specification Set Forth Under Section 287.055(2)(j), Florida Statues; 2) Upon Completion Of The
DCP, Authorizing The City Manager To Negotiate And, If Successful, Execute A Design-Build
Contract With Bergeron For The Project; With A Guaranteed Maximum Price (GMP); And Further,
If The City Manager Is Successful In Negotiating The Contract, Authorizing The Mayor And City
Clerk To Execute The Contract.
(Public Works)
R9 - New Business and Commission Requests
R9A Board And Committee Appointments.
(City Clerk’s Office)
R9A1 Board And Committee Appointments - City Commission/At-Large Appointments.
(City Clerk’s Office)
R9A2 Nomination Of Henry Stolar For The Noise Working Group.
(Requested by Commissioner Edward L. Tobin)
(Deferred on January 15, 2014)
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (8:30 a.m.)
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (1:00 p.m.)
R9C Update On The Miami Beach Convention Center Project.
(City Manager’s Office)
R9D Discussion Regarding The Selection Of The Management Contract For The Tennis Facilities At
North Shore Park And Flamingo Park.
(Requested by Commissioner Edward L. Tobin)
(Deferred from January 15, 2014)
15
Commission Agenda, February 12, 2014
R9 - New Business and Commission Requests (Continued)
R9E1 The Committee Of The Whole Will Meet On February 12, 2014 In The City Manager’s Office
Large Conference Room To Discuss Audit Committee.
(Budget & Performance Improvement)
R9E2 The Committee Of The Whole Will Meet On February 12, 2014 In The City Manager’s Office
Large Conference Room To Discuss Legislative Priorities.
(City Manager’s Office)
R9F Discussion Regarding Focus Groups - Nautilus Middle School.
(Organization Development Performance Initiatives)
R9G Discussion And Referral To Neighborhood/Community Affairs Committee - The Blocking Of The
Entrance To The Street-End At 56 And North Bay And To Place A Pocket Park At That Location.
(Requested by Commissioner Edward L. Tobin)
R9H Discussion On: The Mayor And City Commission’s Consideration Of The Written Report And
Recommendation Of The Debarment Investigator.
(Procurement)
R9I Discussion Regarding The No U-Turn Sign And Enforcement Thereof At 42nd Street And Pine
Tree Drive.
(Requested by Commissioner Micky Steinberg)
R9J Discussion Regarding Disposal Of Pet Waste And Hiring Of A Company To Handle The Removal
Of Pet Waste From Public Ways.
(Requested by Commissioner Jonah Wolfson)
R9K Discussion Regarding Providing Trolley Service On The Portion Of Collins That Is Being
Impacted By That FDOT Project.
(City Manager’s Office)
R9L Discussion Regarding Restaurant Greeter Behavior On Ocean Drive, And Bus Tours Pick-Up On
Ocean Drive.
(Requested by Commissioner Jonah Wolfson)
R9M Discussion Regarding Bikes, Trikes, Segways, And Other Motorized Single Person Transport
Units.
(Requested by Commissioner Jonah Wolfson)
16
Commission Agenda, February 12, 2014
R9 - New Business and Commission Requests (Continued)
R9N Discussion Regarding Scott Rakow Ice Rink Rehabilitation And Further Renovation And/Or
Expansion.
(Requested by Commissioner Jonah Wolfson)
R9O Discussion Regarding Impact Fees For Sidewalk Café Establishments In North Beach.
(Requested by Commissioner Edward L. Tobin)
R9P Discussion Regarding Progress And Implementation Of The Recycling Ordinance 2012-3768 In
Effect July 2014 At The Request Of The Sustainability Committee.
(Requested by Commissioner Edward L. Tobin)
R9Q Discussion Regarding The Committee For Quality Education Motion Made January 28, 2014 To
Engage An Educational Expert To Consult Regarding How Best To Provide The Students In The
City Of Miami Beach Feeder Pattern With The Best Public Middle School Options In The Country.
(Requested by Commissioner Edward L. Tobin)
R9R Discussion Regarding The London House And Deadline For Expenditure Of Federal Funds
(City Manager’s Office)
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, February 12, 2014, In The City
Manager’s Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To
Collective Bargaining.
17
Commission Agenda, February 12, 2014
Reports and Informational Items
1. Reports and Informational Items (see LTC 044-2014)
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