June 11, 2014 Titles Agenda City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
June 11, 2014
Mayor Philip Levine
Vice-Mayor Micky Steinberg
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul Aguila
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, June 11, 2014
Presentations and Awards
The next Presentations and Awards Meeting will take place on July 30, 2014.
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 - Competitive Bid Reports
C2A Request Approval To Reject All Bids Received Pursuant To Invitation To Bid (ITB) No. 2014-014-
LR For Pharmaceuticals And Medical Supplies.
(Fire/Procurement)
C2B Request For Approval To Issue A Request For Proposals (RFP) For Design/Build Services For
The Construction Of A 54" Redundant Sanitary Sewer Force Main From Pump Station #1 To
Commerce Street.
(Public Works/Procurement)
C2C Request For Approval To Issue An Invitation To Negotiate (ITN) No. 2014-252-YG For
Concession Agreement(s) For Use Of City Of Miami Beach Rights-Of-Way For Loading And
Unloading Of Hop-On/Hop-Off (Open Loop) Tour Bus Passengers.
(Sponsored by Commissioner Edward L. Tobin)
(Legislative Tracking: Transportation/Procurement)
C4 - Commission Committee Assignments
C4A Referral To The Neighborhood/Community Affairs Committee To Discuss The Altos Del Mar
Master Plan.
(Parks & Recreation)
C4B Referral To The Neighborhood/Community Affairs Committee To Discuss A Commercial Use
Permit Fee For City-Owned Property And City Parks Facilities.
(Parks & Recreation)
2
Commission Agenda, June 11, 2014
C4 - Commission Committee Assignments (Continued)
C4C Referral To The Finance And Citywide Projects Committee - Discussion Regarding Whether Or
Not To Reconstitute The Nightlife Industry Taskforce, Which Was Originally Created In 2001 And
Was To Sunset After Six (6) Months Unless Otherwise Extended.
(Tourism, Culture & Economic Development)
C4D Referral To The Finance And Citywide Projects Commission Committee - Discussion Regarding
The Use Of The Byron Carlyle Theater.
(Tourism, Culture & Economic Development)
C4E Referral To The Land Use And Development Committee - Discussion: Sea Level Rise In Relation
To FAR And Building Heights.
(Planning)
C4F Referral To The Finance And Citywide Projects Committee To Discuss The Schedule Of User
Fees For Various Parks And Recreation Programs And Services, Facility Admissions And
Rentals.
(Parks & Recreation)
C4G Referral To The Land Use And Development Committee - Discussion And Referral To The
Planning Board Regarding Creation Of The Faena Overlay District.
(Requested by Commissioner Joy Malakoff)
C4H Referral To The Neighborhood/Community Affairs Committee To Discuss The Current Flamingo
Park Master Plan.
(Parks & Recreation)
3
Commission Agenda, June 11, 2014
C6 - Commission Committee Reports
C6A Report Of The Special Finance And Citywide Projects Committee Meeting On May 20, 2014: 1)
Discussion Of Miami Beach Convention Center Construction And Booking Schedule. 2)
Discussion Regarding South Shore Community Center. 3) Discussion Regarding Financial Impact
Of The Proposed Roadway Closure Applications For 87 Street And 87 Terrace Filed By 8701
Collins Development. 4) Discussion Regarding Adoption Of An Updated Strategic Plan For The
Cultural Affairs Program, To Include Utilization Of Fillmore Community Benefit Fund, Cultural Arts
Council Endowment, And Cultural Affairs Program Fund Balance Funds For Greater Cultural
Benefits For Residents And Visitors. 5) Discussion Regarding Whether Or Not To Renew The
Lease Agreement ("Lease") Between The City Of Miami Beach, Florida ("City") And Mystery Park
Arts Company, Inc. ("SOBE Arts"), Having An Initial Term Of Five (5) Years, Commencing On
January 13, 2010 And Ending On January 12, 2015, With An Option To Renew, At The City's
Sole And Absolute Discretion, For Two (2) Additional Two (2) Year Periods, In Connection With
Property Located At 2100 Washington Avenue, Miami Beach, Florida ("Demised Premises"). 6)
Discussion Regarding Police And Parking Department Towing Permit Requirements. 7) Update -
Discussion Regarding Stormwater Future Bonds And Proposed Rates. Joint Item: 8) Discussion
Regarding The Funding Of The Expansion (Approximately Double The Size) Of The Emergency
Department At Mt. Sinai, And The Creation Of An Emergency Management Office For The City
Of Miami Beach.
C6B Report From The May 14, 2014 Flooding Mitigation Committee Meeting.
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit Grant
Applications To: 1) US Department Of Homeland Security, Federal Emergency Management
Agency (FEMA), Flood Mitigation Assistance Grant Program For Funding, In The Approximate
Amount Of $1 Million, For City Drainage Projects; 2) Florida Department Of Economic
Opportunity For Funding From The Community Planning Technical Assistance Grant Program In
The Approximate Amount Of $25,000 To Create A Revitalization/Economic Development Plan
For Washington Avenue; 3) Florida Department Of Economic Opportunity, Community Planning
Technical Assistance Grant Program In The Approximate Amount Of $25,000 To Create Design
Criteria For Ocean Drive Between 5th To 15th Streets; 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)
4
Commission Agenda, June 11, 2014
C7 - Resolutions (Continued)
C7B A Resolution Approving The Increase In Scope To The Scott Rakow Youth Center Ice Rink
Associated With Renovation Of Existing Areas To Include New Showers, Lockers, Multi-Purpose
Room And Skate Rental Area And Authorizing The City Manager To Proceed With Design
Services; Negotiate And Execute, In A Not To Exceed Amount Of $265,000, A Guaranteed
Maximum Price (GMP) Amendment No. 2 To The Pre-Construction Services Agreement With
Thornton Construction Company, Inc., Dated September 16, 2013, For Construction
Management At Risk Services At The Scott Rakow Youth Center Ice Rink; Funding In The
Amount Of $265,000 Is Subject To A Capital Budget Amendment To The FY 13/14 Capital
Budget To Be Presented At The June 11, 2014 Commission Meeting.
(Capital Improvement Projects)
C7C A Resolution Authorizing The Mayor And City Clerk To Execute Amendment No. 4 To The
Professional Architectural And Engineering (A/E) Services Agreement With The Joint Venture Of
Zaha Hadid Limited T/A Zaha Hadid Architects And Berenblum Busch Architecture, Inc. Dated
May 3, 2012, For The Additional Design Services Related To Raising The Proposed Ground
Floor Elevation To Base Flood Elevation Plus A Freeboard Of Three (3) Feet, For The Design,
Permitting And Construction Administration Services Of Certain Right-Of-Way Improvements
Required By Miami-Dade County Public Works Traffic Division, And For The Replacement Of A
Sanitary Sewer Line Along Liberty Avenue; In The Negotiated Not-To-Exceed Amount Of
$249,448 With Previously Appropriated Funding.
(Capital Improvement Projects)
C7D A Resolution Electing Commissioner Michael Grieco, Group II, As Vice-Mayor, For A Term
Commencing On July 1, 2014 And Terminating On October 31, 2014, Or On Such Date When A
New Vice-Mayor Is Thereafter Elected.
(City Clerk’s Office)
C7E A Resolution Approving And Authorizing The City Manager To Negotiate And Execute, On Behalf
Of The City, Purchase And Sale Agreements And Other Closing Documents, In Connection With
The Purchase Of Foreclosed And/Or Distressed Properties, In Accordance With Rules As
Promulgated By The City’s Neighborhood Stabilization Program 1 (NSP1) Grant Agreement
(NSP1 Funds) With The State Of Florida Department Of Economic Opportunity (DEO Agreement)
And The U.S. Department Of Housing And Urban Development (HUD) (Collectively NSP1
Guidelines); By Utilizing The Remaining NSP1 Administrative Funds, In The Amount Of
$201,801.66; Authorizing The City Manager To Execute Any Other Agreements For
Rehabilitation Services In Accordance With NSPI Guidelines; And Further Authorizing The City
Manager To Extend The DEO Agreement (As Defined Herein) Should The City Not Have
Expended The NSP1 Administrative Funds By August 15, 2014.
(Housing & Community Services)
5
Commission Agenda, June 11, 2014
C7 - Resolutions (Continued)
C7F A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No.
2, To The Professional Services Agreement With Walker Parking Consultants, Inc., To Perform A
Parking Demand Analysis For All Remaining Areas Of North Beach (Phase Six-Extended), In An
Amount Not To Exceed $28,000.
(Parking)
C7G A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At The February 28, 2014 Meeting To Reject All Proposals Received, Pursuant To
Invitation To Bid (ITB) 2014-171-TC For A Playground Fence At South Pointe Park; And Further
Authorizing That The Funding Be Reallocated In The Fiscal Year 2014/15 Budget Development
Process For The Purpose Of Providing Alternative Enhancements For South Pointe Park.
(Parks & Recreation/Procurement)
C7H A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At Its May 30, 2014 Meeting To Develop Event Programming Guidelines For The
North Beach Bandshell That Are Focused On Cultural Events That Emphasize Community
Benefit And Economic Development And Further Authorizing The City Administration To Prepare
A Request For Proposals (RFP) For A Distributed Sound System For The North Beach Bandshell
That Concentrates The Sound Within The Parameters Of The Facility.
(Parks & Recreation)
C7I A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At Its May 30, 2014 Meeting To Rename The Scott Rakow Youth Center Ice Skating
Rink In Memory Of Barbara Medina And, Pursuant To Section 82-503 Of The City Code, Setting
A Public Hearing For July 23, 2014 And Directing The City Clerk To Publish The Appropriate
Public Notice.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Parks & Recreation)
C7J A Resolution Approving The Vacation Of An Existing 10 Foot Utility Easement And Accepting A
10 Foot Utility Easement From Comras Company For The Construction, Installation,
Maintenance, Repair, And Replacement Of A City Drainage Outfall Pipe, Located At 1261 20th
Street, Miami Beach, Florida, Or In Such Configuration As Is Determined Acceptable By The
City’s Public Works Director And City Engineer, With The Vacation Of The Existing Easement
Only After The Completion Of The Proposed Stormwater Pump Outfall And Final Acceptance By
Comras Company, And Authorizing The Mayor And City Clerk To Execute The Appropriate
Documents, Subject To The Documents’ Approval By The Public Works Director And City
Attorney.
(Public Works)
6
Commission Agenda, June 11, 2014
C7 - Resolutions (Continued)
C7K A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee To Remove The Cycle Track, Keep The Current Bicycle Lane, Mitigate As Many
Obstructions As Possible From The Pedestrian Area And Ensure That The Bicycle Lane Is
Continuous And Navigable On 16th Street.
(Public Works)
End of Consent Agenda
7
Commission Agenda, June 11, 2014
REGULAR AGENDA
R2 - Competitive Bid Reports
R2A Request For Approval To Issue A Request For Qualifications (RFQ) No. 2014-223-AD For
Comprehensive Program Review Of Nautilus Middle School. 9:00 a.m. Public Hearing
(Organization Development Performance Initiatives/Procurement)
(Deferred from May 21, 2014)
R2B Request For Approval To Award Contracts Pursuant To (RFQ) No. 2013-178-SR For Franchise
Waste Contractors To Provide Residential And Commercial Waste Collections And Disposal
Service.
(Public Works/Procurement)
(Memorandum to be Submitted in Supplemental)
R5 - Ordinances
R5A Alcoholic Beverages - Correct Section 6-3 Hours of Sale
An Ordinance Amending Chapter 6, "Alcoholic Beverages," Of The Code Of The City Of Miami
Beach, Florida, By Amending Section 6-3, "Hours Of Sale," To Correct Scrivener’s Errors
Concerning On-Premises And Off-Premises Regulations, To Reflect The Action Of The City
Commission In Previous Amendments To Such Chapter, Restoring To The Code The On-
Premises Consumption Regulation Between 8:00 a.m. And 5:00 a.m., And Restoring To The
Code The Off-Premises Consumption Regulation Allowing The Sale Of Alcoholic Beverages Until
Midnight; Providing For Codification; Repealer; Severability; And An Effective Date. 10:0 5 a.m.
Second Reading Public Hearing
(Sponsored by Land Use & Development Committee)
(Legislative Tracking: City Attorney’s Office)
(First Reading on May 21, 2014 - R5V)
R5B An Ordinance Amending Chapter 82 Of The Miami Beach City Code, Entitled “Public Property,”
By Amending Article VI, Entitled “Naming Of Public Facilities And Establishment Of Monuments
And Memorials,” By Amending The Definitions In Section 82-502; Amending The Criteria For The
Naming Of Public Facilities And The Co-Naming Of Streets In Section 82-503; Deleting The
Provisions In Section 82-505 Regarding The Acceptance Of Monetary Donations In
Consideration For The Naming Or Renaming Of Public Facilities; And Amending Section 82-501
To Cross Reference Amended Subsection 82-503(c); Providing For Codification, Repealer,
Severability, And An Effective Date. 10:10 a.m. Second Reading Public Hearing
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: City Attorney’s Office)
(First Reading on May 21, 2014 - R5R)
8
Commission Agenda, June 11, 2014
R5 - Ordinances (Continued)
R5C Below Grade Floor Area
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter
114, “General Provisions,” By Amending The Definition Of Floor Area; Providing For Repealer,
Severability, Codification And An Effective Date. 10:15 a.m. Second Reading Public Hearing
(Sponsored by the Planning Board)
(Legislative Tracking: Planning)
(First Reading on May 21, 2014 - R5S)
R5D Bed And Breakfast Inns
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 V “Specialized Use
Regulations,” Division 7 “Bed And Breakfast Inns,” Section 142-1401, “Conditions For Bed And
Breakfast Inns,” To Address And Clarify The Eligibility For Contributing Buildings In Historic
Districts To Be Converted To Bed & Breakfast Inns Within The City Of Miami Beach; Providing
For Repealer; Severability; Codification; And An Effective Date. 10:20 a.m. Second Reading
Public Hearing
(Sponsored by the Land Use and Development Committee)
(Legislative Tracking: Planning)
(First Reading on May 21, 2014 - R5T)
R5E North Beach National Register District Parking Ordinance
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter
130, “Off-Street Parking,” Article II, “Districts; Requirements,” Section 130-32, “Off-Street Parking
Requirements For Parking District No. 1,” By Adding New Parking Regulations For Apartment
And Apartment-Hotel Buildings In Parking District No. 1, Including A Reduction In Off-Street
Parking Requirements For Contributing Buildings In National Register Historic Districts; By
Amending Section 130-33, “Off-Street Parking Requirements For Parking Districts No. 2, 3, 4 And
5” By Adding New Parking Regulations For Apartment And Apartment-Hotel Buildings In Parking
District No. 4, Including A Reduction In Off-Street Parking Requirements For Contributing
Buildings In National Register Historic Districts; By Amending Chapter 130, “Off-Street Parking,”
Article V, “Fee In Lieu Of Parking Program”, Section 130-131 “Generally”, By Creating A New
Parking Impact Fee Category For Additions To Contributing Buildings In National Register
Historic Districts; Providing For Codification; Repealer; Severability; And An Effective Date.
10:25 a.m. Second Reading Public Hearing
(Sponsored by the Land Use and Development Committee)
(Legislative Tracking: Planning)
(First Reading on May 21, 2014 - R5U)
9
Commission Agenda, June 11, 2014
R5 - Ordinances (Continued)
R5F Rooftop Additions In Morris Lapidus / Mid-20th Century Historic District
An Ordinance Amending Chapter 142, “Zoning Districts And Regulations,” By Amending Article
IV, “Supplementary District Regulations,” Division 5 “Height Regulations,” By Amending Section
142-1161, “Height Regulations Exceptions”, By Modifying The Prohibition Of Rooftop Additions Of
More Than One Story In The Morris Lapidus/Mid-20th Century Historic District To Allow
Additional Stories; By Amending Chapter 142, “Zoning Districts And Regulations,” By Amending
Article II, “District Regulations,” Division 3 “Residential Multifamily Districts,” Subdivision V “RM-3
Residential Multifamily, High Intensity,” By Amending Section 142-247, “Setback Requirements”,
By Modifying The Setback Requirements For Rooftop Additions In The Morris Lapidus/Mid-20th
Century Historic District; Providing For Codification; Repealer; Severability; And An Effective
Date. 10:30 a.m. Second Reading Public Hearing
(Sponsored By Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
(First Reading on May 21, 2014 - R5Z)
R5G Accessory Structures, FPL Transformers, ADA Walkways and Height Encroachments
An Ordinance Amending Chapter 142, “Zoning Districts And Regulations,” By Amending Article
IV, “Supplementary District Regulations,” Division 4 “Supplementary Yard Regulations,” By
Amending Section 142-1132, “Allowable Encroachments Within Required Yards”, To Modify
Setback Requirements And Development Regulations For Accessory Buildings And FPL
Transformers In Single Family Districts, And Americans With Disabilities Act (ADA) Walkways; By
Amending Chapter 142, “Zoning Districts And Regulations,” By Amending Article IV,
“Supplementary District Regulations,” Division 5 “Height Regulations,” By Amending Section 142-
1161, “Height Regulations Exceptions”, To Modify Height Exceptions To Add Bathrooms On Roof
Decks Required Under The Building Code; Providing For Codification; Repealer; Severability;
And An Effective Date. 10:35 a.m. Second Reading Public Hearing
(Sponsored By Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on May 21, 2014 - R5Y)
R5H An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled
“Miscellaneous Offenses,” By Amending Article II Entitled “Public Places,” By Amending Division
2, Entitled “Bicycling, Skateboarding, Roller Skating, In-Line Skating, And Motorized Means Of
Transportation,” By Amending The Definition Provisions In Section 70-66; By Amending Section
70-67, Entitled “Prohibited Activities,” By Prohibiting Bicycling On Lincoln Road Mall Between
9:00 A.M. And 2:00 A.M.; By Amending Section 70-68, Entitled “Exemptions,” By Amending And
Clarifying The Exemptions In Division 2 And Correcting A Scrivener’s Error Therein; By Amending
Section 70-71, Entitled “Penalties,” By Clarifying The Penalties For Violations Of Sections 70-67
And 70-69(A)-(C); By Amending Chapter 106 Of The Code Of The City Of Miami Beach, Entitled
“Traffic And Vehicles,” By Amending Article I, Entitled “In General,” By Amending Section 106-3,
Entitled “Vehicles And Non-Motorized Vehicles Prohibited On Portion Of Lincoln Road And
Exemptions; Non-Motorized Vehicles For Hire Prohibited On Ocean Drive” To Include Bicycle
Restrictions On Lincoln Road Mall And To Incorporate Applicable Definitions, Exemptions, And
Penalties; Providing For Repealer, Severability, Codification, And An Effective Date. 10:40 a.m.
Second Reading Public Hearing
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Transportation)
(First Reading on May 21, 2014 - R5W )
10
Commission Agenda, June 11, 2014
R5 - Ordinances (Continued)
R5I An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled
“Administration,” By Amending Article I, Entitled “In General,” By Creating Section 2-1, To Be
Entitled “Reasonable Opportunity To Be Heard,” To Provide Rules Regarding Public Participation
In City Meetings; Providing For Repealer, Severability; Codification; And An Effective Date.
11:10 a.m. Second Reading Public Hearing
(Sponsored by Neighborhood/Community Affairs Committee)
(Legislative Tracking: City Attorney’s Office)
(Continued from May 21, 2014)
R5J Concurrency Exemptions
An Ordinance Amending The City Code, By Amending Chapter 122, “Concurrency Management,”
By Amending Section 122-5, “Exemptions From Concurrency,” To Add Temporary Uses In The
Public Rights Of Way As An Additional Exemption From Concurrency Requirements, Providing A
Procedure To Determine Eligibility For Such Exemption; Providing For Repealer; Codification;
Severability And An Effective Date. First Reading
(Sponsored by Commissioner Edward L. Tobin)
(Legislative Tracking: Planning)
R5K Board Member Removal Criteria
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 118, “Administrative And Review Procedures,” Article II, “Boards,” Division 2, “Planning
Board,” Section 118-52, “Meetings And Procedures;” Division 3, “Design Review Board,” Section
118-74, “Removal;” Division 4, “Historic Preservation Board,” Section 105, “Removal;” Division 5,
“Board Of Adjustment,” Section 118-133, “Removal,” By Modifying And Expanding The Removal
Criteria Of The Planning Board, Design Review Board, Historic Preservation Board, And Board Of
Adjustment, Providing For Repealer; Codification; Severability And An Effective Date. First
Reading
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
R5L Time Frame Limitations For Deferrals, Continuances, And Withdrawals
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 118, “Administrative And Review Procedures,” Article VIII, “Procedure For Variances And
Administrative Appeals,” Section 118-352, “Procedure;” Article IV, “Conditional Use Procedure,”
Section 118-193, “Applications For Conditional Uses;” Amending The Procedures For The Board
Of Adjustment And For The Planning Board By Placing Timeframe Limitations On Applications
For Purposes Of Deferals, Continuances, Withdrawals And Submittal Of Applications And
Exhibits; Providing For Repealer; Codification; Severability And An Effective Date. First Reading
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
11
Commission Agenda, June 11, 2014
R5 - Ordinances (Continued)
R5M Transfer Of Variance And Flood Plain Waiver Authority To The Design Review Board And
Historic Preservation Board
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 118, “Administrative And Review Procedures,” Article VIII, “Procedure For Variances And
Administrative Appeals,” Section 118-351, “Determination Of Jurisdiction,” Section 118-352,
“Procedure;” Article II, “Boards,” Division 3, “Design Review Board,” Section 118-71, “Powers
And Duties;” Division 4, “Historic Preservation Board,” Section 102, “Powers And Duties;”
Division 5, “Board Of Adjustment,” Section 118-136, “Powers And Duties;” To Amend The
Jurisdiction Of The Boards Of Adjustment, Design Review, And Historic Preservation By
Authorizing The Design Review And Historic Preservation Boards To Grant Variances Presented
In Applications Within Their Respective Jurisdictions, Amending The Authority Of The Board Of
Adjustment To Reflect That Changed Authorization, And To Transfer The Authority Of The Board
Of Adjustment Acting As The Flood Plain Management Board To The Design Review And
Historic Preservation Boards, To Authorize Such Boards To Grant Variances From The Flood
Plain Ordinance For Applications Within Their Respective Jurisdictions; Providing For Repealer;
Codification; Severability And An Effective Date. First Reading
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
R5N An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled
“Miscellaneous Offenses,” By Amending Article II, Entitled “Public Places,” By Amending Division
2, Entitled “Bicycling, Skateboarding, Roller Skating, In-Line Skating, And Motorized Means Of
Transportation,” By Amending Section 70-69, Entitled “Responsibilities Of Bicyclists, Skaters, And
Persons Operating Electric Personal Assistive Mobility Devices,” By Amending The
Responsibilities Set Forth Therein; By Amending Section 70-70, Entitled “Responsibilities Of
Persons And Business Entities Providing Rentals, Leases And/Or Tours Of Electric Personal
Assistive Mobility Devices,” By Amending The Responsibilities Set Forth Therein; By Amending
Section 70-71, Entitled “Enforcement; Penalties,” To Amend And Provide Additional Penalties For
Violations Of Sections 70-69(d)-(e) And 70-70, And Amending The Time To Appeal Violations;
Providing For Repealer, Severability, Codification, And An Effective Date. First Reading
(Sponsored by Commissioner Jonah Wolfson)
(Legislative Tracking: City Attorney’s Office/Transportation)
R5O Tree Preservation And Protection Ordinance
An Ordinance Amending Chapter 46 Of The Miami Beach City Code, Entitled “Environment,” By
Amending Article II, “Care And Maintenance Of Trees And Plants,” By Amending Division 2,
“Trees”; To Amend The Definitions, Purpose And Intent; Scope, Applicability And Exemptions;
Permitting Application Requirements, Notice And Procedures For Obtaining Permits; Imposing
Criteria And Conditions For Tree Removal And Relocation; Tree Replacement; Tree Preservation
And Protection Requirements; Defining And Protecting Heritage And Specimen Trees;
Establishing A Miami Beach Tree Preservation Trust Fund; Regulating Tree Services And
Arborists; Defining Trees Constituting A Public Nuisance; Providing For Appeals; Enforcement
And Civil Remedies; Prohibited Species; Duties And Authority Of The Urban Forester; And
Providing For Repealer; Codification; Severability; And An Effective Date. First Reading
(Sponsored by the Neighborhood/Community Affairs Committee)
(Legislative Tracking: Public Works)
12
Commission Agenda, June 11, 2014
R5 - Ordinances (Continued)
R5P An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled “Solid Waste,” By
Amending Article V, Entitled “Citywide Recycling Program For Multifamily Residences And
Commercial Establishments,” By Amending Section 90-340, Entitled “Recycling Program And
Separation Of Recyclable Materials From Solid Waste Stream Required For Multifamily
Residences Of Nine (9) Dwelling Units Or More; Owner/Association Liability; Recycling
Contractors’ Assistance,” To Apply Recycling Requirements To Multifamily Residences Of Two
(2) To Eight (8) Dwelling Units; Providing For Repealer Severability, Codification, And An
Effective Date. First Reading
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Environmental)
R5Q An Ordinance Amending Chapter 46 Of The Code Of The City Of Miami Beach, Entitled
“Environment,” By Amending Article III, Entitled “Litter,” By Amending Division 1, Entitled
“Generally,” By Amending Section 46-92 Thereof, Entitled “Litter; Definitions; Prohibitions On
Litter; Penalties For Litter And Commercial Handbill Violations; Commercial Handbill Regulations,
Fines, And Rebuttable Presumptions; Seizure And Removal Of Litter By The City; Enforcement;
Appeals; Liens” To Prohibit Any Person From Carrying Any Expanded Polystyrene Food Service
Article Into Any Park; Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled
“Public Property,” By Amending Article I, Entitled “In General,” By Creating Section 82-7 Thereof,
Entitled “Prohibitions Regarding Sale Or Use Of Expanded Polystyrene Food Service Articles By
City Contractors And Special Event Permittees,” To Prohibit The Sale, Use, And Offering Of
Expanded Polystyrene Food Service Articles By City Contractors And Special Event Permittees;
Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled “Public Property,” By
Amending Article IV, Entitled “Uses In Public Rights-Of-Way,” By Amending Division 5, Entitled
“Sidewalk Cafes,” By Amending Subdivision II, Entitled “Permit,” By Amending Section 82-385
Thereof, Entitled “Minimum Standards, Criteria, And Conditions For Operation Of Sidewalk
Cafes,” To Provide Prohibitions Regarding Expanded Polystyrene Food Service Articles On The
Right-Of-Way; And Providing For Repealer, Severability, Codification, And An Effective Date..
First Reading
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: City Attorney’s Office)
R5R An Ordinance Amending Chapter 82 Of The City Code, Entitled “Public Property,” By Amending
Article I, Entitled “In General,” By Repealing Section 82-5, Entitled “City Signs To Be Obeyed”;
Providing For Repealer, Severability, Codification, And An Effective Date. First Reading
(Sponsored by Commissioner Jonah Wolfson)
(Legislative Tracking: City Attorney’s Office)
R7 - Resolutions
R7A A Resolution Adopting The Fifth Amendment To The Capital Budget For Fiscal Year (FY)
2013/14. 10:45 a.m. Public Hearing
(Budget & Performance Improvement)
13
Commission Agenda, June 11, 2014
R7 - Resolutions (Continued)
R7B A Resolution Adopting The Third Amendment To The General Fund, Enterprise Fund, Internal
Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY) 2013/14. 10:50 a.m.
Public Hearing
(Budget & Performance Improvement)
R7C A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At Its March 29, 2014 Meeting, And Approving, Following A Duly Noticed Public
Hearing, The Placement Of A Commemorative Plaque Honoring Jerry Moss To Be Installed
Inside The Flamingo Park Tennis Center, Located At 1200 Meridian Avenue, Miami Beach,
Florida. 10:55 a.m. Public Hearing
(Parks & Recreation)
R7D Euclid Right Of Way Project
A Resolution Approving, Following First Reading/Public Hearing, A Development Agreement
Between The City And Jameck Development, Inc. (Jameck Or Developer) For The Design,
Development, And Construction Of Certain Streetscape Improvement In The City’s Right Of Way,
At The Portion Of Euclid Avenue Between Lincoln Road And Lincoln Lane South (Euclid Right Of
Way Project Or The Project) Including, Without Limitation, Removal Of The Disconnect Vault And
Landscape, Installation Of New Hardscape, Landscape, Street Lighting, And Closure Of A Portion
Of Euclid Avenue To Vehicular Traffic As Part Of An Extension Of The Lincoln Road Pedestrian
Mall; Said Project Having A Total Budgeted Cost To The City, In The Total Sum Of $485,821,
With Any Additional Funds For The Project To Be Covered By The Developer; With Such City
Funds To Be Appropriated From Miami Beach Redevelopment Agency (Historic Convention
Village/City Center RDA) Funds; And Further Setting The Second And Final Reading Of The
Development Agreement For A Time Certain On July 23, 2014. 11:05 a.m. First Reading Public
Hearing
(Tourism, Culture & Economic Development)
R7E A Resolution Setting A Public Hearing To Adopt The Fourth Amendment To The General Fund,
Enterprise Fund, Internal Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY)
2013/14.
(Budget & Performance Improvement)
R7F A Resolution Approving And Accepting The Recommendation Of The Flooding Mitigation
Committee To: 1) Raise The Proposed Ground Floor Elevation Of Collins Park Place Project To
Base Flood Plus Three Feet; 2) Accept The Concept Of Collins Park Place Presented By
Berenblum Busch Architecture Inc. To Incorporate The Raised Floor Of Base Flood Elevation
(BFE) Plus Three Feet, And; 3) Refer The Recommendation Of Establishing Base Flood
Elevation Plus Three Feet, As A Required Criteria For All New And Remodel Residential And
Commercial Buildings To The Land Use Committee For Further Consideration.
(Capital Improvement Projects)
14
Commission Agenda, June 11, 2014
R7 - Resolutions (Continued)
R7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Settlement
Agreement And Mutual Release Between The City Of Miami Beach (City) And Horizon
Contractors, Inc., (Contractor) In The Amount Of $490,000 To Settle All Outstanding Claims
Pertaining To The Neighborhood 12 – South Pointe Phase II Project; Funding For The Final
Payment To The Contractor Is Subject To The 5th Amendment To The Capital Budget For Fiscal
Year 2013/14 To Be Presented At The June 11, 2014 Commission Meeting.
(Capital Improvement Projects)
R7H A Resolution Recognizing And Approving Early Voting For The August 26, 2014 City Of Miami
Beach Special Election.
(City Attorney’s Office/City Clerk’s Office)
R7I A Resolution Approving An Expenditure Of Budgeted Funds Up To $10,000 For The Public
Purpose Of Informing And Educating The Voters Of The City Of Miami Beach Regarding The
Ballot Questions On The City’s August 26, 2014 Special Election Ballots In Order To Achieve A
More Informed Electorate Vote.
(City Attorney’s Office/Communications)
R7J A Resolution Approving The Issuance And Sale Of Not To Exceed $200,000,000 Principal
Amount Of City Of Miami Beach Health Facilities Authority Hospital Revenue And Refunding
Bonds, Series 2014 (Mount Sinai Medical Center Of Florida), By The City Of Miami Beach Health
Facilities Authority, Including The Approval Required By Section 147(f) Of The Internal Revenue
Code Of 1986, As Amended; Providing That Said Bonds Shall Not Constitute A Debt, Liability Or
Obligation Of The City Or The State Of Florida Or Any Political Subdivision Thereof But Shall Be
Payable Solely From The Revenues Provided Therefor; And Providing An Effective Date.
(Finance)
R7K A Resolution Adopting The City's One-Year Action Plan For Federal Funds For Fiscal Year
2014/2015, Which Includes The Budgets For The Community Development Block Grant (CDBG)
Program And The Home Investment Partnerships (HOME) Program; Authorizing The City
Manager To Issue A Notice Of A Thirty (30) Day Public Comment Period; Authorizing The City
Manager To Make Minor Non-Substantive Changes To The One-Year Action Plan Or Resulting
Agreements Before Execution (Which May Be Identified During The Finalization And/Or Review
Process, And Which Do Not Affect The Purpose, Scope, Approved Budget And/Or Intent Of The
Plan); Authorizing The City Manager To Extend The Expiration Dates Of Said Agreements When
Necessary; Authorizing The City Manager To Execute All Applicable Documents And Submit The
One-Year Action Plan To The U.S. Department Of Housing And Urban Development (HUD);
Further Authorizing The Mayor And City Clerk To Execute Agreements For Sub-Recipients Of
CDBG And HOME; And Authorizing The Appropriation Of All Federal Funds When Received..
(Housing & Community Services)
15
Commission Agenda, June 11, 2014
R7 - Resolutions (Continued)
R7L A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order
No. 1 To Bergeron Land Development, Inc. Dated June 11, 2014 (The Agreement); Said Change
Order, In The Amount Of $1,000,000, Plus A Project Contingency In The Amount Of $100,000,
For A Total Cost Of $1,100,000, For Taking Over Additional Services Related To A Prior
Contract With Ebsary Construction, Which Has Reached An Impasse; The Work Includes: A
Seawall Construction At 10th Street, Construction Of An FDOT Outfall Per The Current 10th
Street Joint Participation Agreement (JPA), Converting A Bay Road Pump Station To Direct
Discharge To The Bay At 14th Street, And Installing Additional Check Valves At Various
Locations Requiring Protection From Tidal Flooding.
(Public Works)
R7M A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order
No. 1 To Southern Underground Industries, Inc., Dated June 11, 2014 (The Agreement); Said
Change Order To Be In The Amount Of $661,980.50, Plus A Project Contingency In The Amount
Of $88,019.50, For A Total Cost Of $750,000, For Additional Engineering Services, Temporary
Pump Station Drainage Structures, Installation Of Drainage Pipe, And Check Valves For Existing
Outfalls, For The Citywide High Tide Mitigation Project.
(Public Works)
R7N A Resolution Repealing City Of Miami Beach Resolution No. 93-20694, Which Established The
City’s Complimentary Ticket Policy, And Substituting Therefor A Comprehensive Policy
Statement Of The City Of Miami Beach Regarding Its Use And Distribution Of City Tickets To
Events And Productions Occurring At City-Owned Venues And/Or City-Sponsored Events.
(Tourism, Culture & Economic Development)
R7O A Resolution Authorizing The City Manager To Enter Into An Agreement With Seth H. Bramson
(Author) In An Amount Not To Exceed Twenty-Five Thousand Dollars ($25,000) (Compensation),
From Which Compensation Author Will Donate The Total Sum Of Seven Thousand Dollars
($7,000) Back To The City (Donation), To Author A Book In Honor Of The City’s Centennial
Anniversary, Write A Monthly Centennial Monograph, And Assist In The Creation Of Historical
Exhibitions; And Further Authorizing The City Manager To Designate Seth H. Bramson As The
City’s Centennial Historian, At No Additional Cost To The City.
(Tourism, Culture & Economic Development)
R7P A Resolution Authorizing The City Manager To Enter Into An Agreement With Florida
International University In An Amount Not To Exceed One Hundred Thirty-Five Thousand Dollars
($135,000) To Provide Archival Digitization And Cataloging Services Of Historical Documents
And Material For The City’s Centennial Anniversary.
(Tourism, Culture & Economic Development)
R7Q A Resolution Adopting, In Substantial Form, A Title VI Program Plan For The Provision Of
Citywide Transportation Services, Authorizing The City Administration To Finalize The Program
Plan; Provided, However, That Should Any Material Provisions Change, Requiring That The
Program Plan Come Back To The City Commission.
(Transportation)
16
Commission Agenda, June 11, 2014
R7 - Resolutions (Continued)
R7R A Resolution Approving A Grant Agreement Between The City Of Miami Beach And Mount Sinai
Medical Center.
(City Attorney’s Office/Finance)
(Memorandum & Resolution to be Submitted in Supplemental)
R7S A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Proposals (RFP) No. 2014-199-SR, For Flood Mitigation
Consultant.
(Public Works/Procurement)
(Memorandum & Resolution to be Submitted in Supplemental)
R7T A Resolution Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The
Design/Build Services Agreement Between The City Of Miami Beach, Florida, And Central
Florida Equipment Rental, Inc., For The Design/Build Services For Right-Of-Way Infrastructure
Improvement Program No. 8B - Lower North Bay Road; The Amendment Includes: 1) Additional
Design And Permitting Services To Incorporate The New Stormwater Criteria And The Resulting
Construction Modifications To The Stormwater Drainage System Including Miscellaneous Credits,
2) Addition Of 45-Calendar Days To The Project Duration In The Amount Of $1,089,868; Funding
For This Amendment Is Subject To The 5th Amendment To The Capital Budget For Fiscal Year
2013/2014 Being Presented At The June 11, 2014 Commission Meeting.
(Capital Improvement Projects)
(Memorandum & Resolution 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)
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 - Presentation For Hotel Site Options.
(City Manager’s Office)
R9D State Representative David Richardson (District 113) Will Give A Post-Session Update And A
Preview Of The 2015 Session.
(City Manager’s Office)
17
Commission Agenda, June 11, 2014
R9 - New Business and Commission Requests (Continued)
R9E State Lobbyists’ Report On 2014 Legislative Session.
(City Manager’s Office)
R9F Discussion Regarding Committee For Quality Education Motions Made February And March 2014
Regarding Extended Foreign Language (EFL) Program In Miami-Dade Public Schools.
(Requested by Commissioner Edward L. Tobin)
(Continued from May 21, 2014)
R9G Discussion Related To Towing And The Immobilization Of Vehicles.
(Requested by Mayor Philip Levine)
(Deferred from May 21, 2014)
R9H Proposal For The Partial Traffic Closure And Master Planning Of Ocean Drive.
(Sponsored by Commissioner Jonah Wolfson)
(Legislative Tracking: City Manager’s Office)
R9I Proclamation Presented To Rabbi Gayle Pomerantz, Celebrating Her 25th Anniversary As A
Rabbi And Her Service To The Miami Beach Community.
(Requested by Commissioner Joy Malakoff)
R9J Discussion Regarding Including Transgender Health Care Insurance Coverage As A Benefit Of
Employment In Fiscal Year (FY) 2014/15.
(Human Resources)
R9K Discussion Regarding The Use Of Interim Vehicles For The North Beach Circulator Service.
(Transportation)
R9L A Presentation On A North Beach Branding Theme.
(Tourism, Culture & Economic Development)
R9M Discussion Regarding CIBO Restaurant.
(Requested by Mayor Philip Levine)
R9N Discussion Regarding Proposed Ballot Question “City Property Valuation - Fair Market Value.”
(Requested by Commissioner Edward L. Tobin)
R9O Discussion Regarding The City’s Efforts To Optimize The Timing Of Traffic Signals In Miami
Beach To Minimize Traffic Congestion.
(Requested by Vice-Mayor Micky Steinberg)
18
Commission Agenda, June 11, 2014
R9 - New Business and Commission Requests (Continued)
R9P Discussion Regarding A Resolution Calling For An November 4, 2014 Special Election, For The
Purpose Of Submitting To The Electorate Of The City Of Miami Beach, Florida A Question Asking
Whether City Charter Section 2.07 Which Establishes Procedures For The Filling Of Vacancies In
The City Commission Should Be Amended To Establish Specific Procedures For The Filling Of
Vacancy Caused By Resignation, And To Provide That In The Event The City Commission
Chooses Not To Fill A Vacancy By Appointment Then Provisions Related To A Special Election
To Fill Said Vacancy Shall Be Established In The City Resolution Calling Said Special Election.
(City Attorney’s Office)
(Deferred from May 28, 2014)
R9Q Discussion Regarding Alternative Uses For The Surface Parking Lot Immediately North Of The
Eden Roc Hotel.
(Requested by Mayor Philip Levine)
R10 - City Attorney Reports
R10A City Attorney’s Status Report.
(City Attorney Office)
Reports and Informational Items
1. Reports and Informational Items (see LTC 189-2014)
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
19