20141022 titles agenda City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
October 22, 2014
Mayor Philip Levine
Vice-Mayor Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul J. 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 Code 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, October 22, 2014
Presentations and Awards
Presentations and Awards will take place on October 29, 2014.
CONSENT AGENDA
C4 - Commission Committee Assignments
C4A Referral To The Planning Board - Proposed Amendments To The Land Development Regulations
To Establish Demolition Procedures For All Properties In The City.
(Sponsored by the Land Use and Development Committee)
(Legislative Tracking: Planning)
C4B Referral To The Finance And Citywide Projects Committee - Intermodal Facility At Mount Sinai
Medical Center.
(Parking/Transportation)
C4C Referral To The Neighborhood/Community Affairs Committee To Discuss A Way To Streamline
The Process So That Miami Beach Senior High School Band Can Play In Public Venues.
(Requested by Commissioner Edward L. Tobin)
C6 - Commission Committee Reports
C6A Report Of The Land Use And Development Committee Meeting Of October 1, 2014: 1)
Discussion On Telecommunications Ordinance. 2) Discussion On An Overlay Districts: a)
Washington Avenue; b) North Beach. 3) Discussion On Proposed Amendments To The City
Code Pertaining To Alcoholic Beverage Establishments (Chapter 6); Requirements For
Determining The Size And Square Footage Of “Accessory Uses” In Relation To The Main
Permitted Use; And The Clarification Of Threshold Standards For Neighborhood Impact
Establishments. 4) Discussion Regarding An Ordinance Amendment To Chapter 106 Relating To
Parking To Require A Parking Plan During Construction For Commercial Building Projects. 5) a)
Discussion On Revising A Proposed Amendment To The Land Development Regulations To
Establish Demolition Procedures For All Properties In The City. 5) b) Discussion Regarding
Proposed Ordinance To Establish Demolition Procedures Outside Of Historic Districts, And The
Potential Impact On Property Rights. 6) Discussion On Possible Amendments To Chapter 6 And
Chapter 142 Of The City Code. 7) Discussion Of A Proposed Amendment To The Adjusted
Grade Of Required Yards In Reference To Seawall Built At 5’7” NAVD. 8) Discussion On
Amending Chapter 118 Relating To Variance; To Modify The Land Development Code To
Provide Exclusive Jurisdiction Over Distance Separation Variances For Alcohol Establishments
To The Board Of Adjustment. 9) Creation Of A Waiver To The Minimum Requirement Of 100
Hotel Rooms For Special (Series S) Liquor Licenses. 10) An Ordinance Amendment Establishing
Stand Alone Bars, Dance Halls And Entertainment Establishments Located In A CD-2 District In
North Beach As A Conditional Use. 11) Discussion On Proposed Amendments To The Single
Family Home Ordinance (Rear Yard Swimming Pools).
2
Commission Agenda, October 22, 2014
C6 - Commission Committee Reports (Continued)
C6B Report Of The Neighborhood/Community Affairs Committee Meeting Of September 24, 2014: 1)
Discussion Regarding Workforce Housing. 2) Discussion Regarding The Co-Designation Of 21st
Street As Collins Park South And 22nd Street As Collins Park North. 3) Discussion Regarding
Removing The “Arthur Godfrey Road” Co-Name For 41st Street. 4) Discussion Regarding Artist
And Non-Profit Vendor Ordinances. 5) Discussion Regarding Adding Pride/Rainbow Colors To
The Street Signs From 10th To 20th Streets On Washington/Collins/Ocean, As Per The
Recommendation Of The LGBT Business Enhancement Committee. 6) Discussion Regarding
Designating A Street “Women’s Club Way” To Honor The Historic Women’s Club In Miami Beach.
C6C Report Of The Flooding Mitigation Committee Meeting Of September 3, 2014: 1) Update From
The Mayor’s Blue Ribbon Panel On Flooding And Sea Rise. 2) Update Of Ongoing Projects. 3)
Utilization Of Public Right Of Way Swale For Stormwater Management. 4) Discussion Of Grade
Requirements For New And Remodeled Structures. 5) Status Of Hiring Of Staff Hydro Geologist.
C6D Report Of The Joint Finance And Citywide Projects Committee And The Neighborhood/
Community Affairs Committee Meeting Of September 24, 2014: 1) Discussion Regarding Bicycle
Safety Campaign With The Miami Beach Police Department, Decobike And Local Bicycle Rental.
2) A. Discussion Regarding Financial Impact Of The Proposed Roadway Closure Applications For
87 Street And 87 Terrace Filed By 8701 Collins Development. B. Discussion Regarding A
Resolution Approving The Vacation And Abandonment Of That Portion Of 87th Terrace East Of
Collins Avenue, Consisting Of A 50 Foot Right-Of-Way (ROW) Containing Approximately 18,042
Square Feet In Total Lot Area, As Shown On The Plat Of Altos Del Mar Subdivision No. 2,
Recorded In Plat Book 4, Page 162 Of The Public Records Of Miami-Dade County, In Favor Of
8701 Collins Development, LLC (The “Applicant”); With Such Vacation Subject To And
Contingent Upon The City’s Approval, And The City And Applicant’s Execution, Of A
Development Agreement Which, Among Other Terms And Conditions (1) Grants To The City A
Perpetual Pedestrian Access Easement Across A Portion Of The Vacated City ROW , And (2)
Ensures Applicant’s Payment Of A Voluntary Monetary Contribution, In The Amount Of $10.5
Million Dollars, To Be Used By The City For Public Purposes; And With Such Vacation Further
Subject To And Contingent Upon Applicant’s Satisfaction Of The Conditions Set Forth In This
Resolution. 3) Discussion Regarding South Shore Community Center, 833 6th Street, Miami
Beach, Florida, Regarding Whether The City Should: 1) Renew Certain Existing Agreements,
Including Various Expansions, Downsizes And Relocations; 2) Execute A New Lease Agreement
With South Florida Workforce Investment Board; And 3) Increase The Additional Rent. 4)
Discussion Regarding Exploring Issues Brought Up In An Internal Audit Of The Miami Beach
Police Athletic League (PAL), Specifically Regarding Utility Fees That Are Past Due. 5)
Discussion To Permit The Vacation Of A Right-Of-Way Parcel On The North Side Of 5860 North
Bay Road And Approve A Storm Water Utility Easement, To Facilitate The City’s Storm Water
Improvements On The South Side Of The Same Property. 6) Discussion Regarding Potential
Purchase Of Air Rights For 6940 Abbott Avenue From AT&T For Future Development Of A
Parking Garage In The North Beach Town Center. 7) Discussion Regarding Police And Parking
Department Towing Permit Requirements. 8) Discussion To Consider A Request For Rent Relief
From Penn 17, LLC., Regarding The Retail Space At The Pennsylvania Avenue Parking Garage.
9) Discussion Regarding A New Program For Expedited Lien Searches With A Turn-Around Time
Of One To Two Business Days; Charging Customers $250.00 For An Expedited Certified Lien
Search And $300.00 For An Expedited Certified Condominium Lien Search Including Common
Areas. Joint Item: 10) Discussion Regarding The Future Location Of 21st Street Teen Center In
The Vicinity Of Miami Beach Senior High School.
3
Commission Agenda, October 22, 2014
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 The Florida Junior Golf Council, For Funding
In The Approximate Amount Of $5,000 For The Normandy Shores Youth Golf Program; 2) Submit
An Application To Florida Department Of State, Division Of Historical Resources For Funding In
The Approximate Amount Of $350,000 For The Restoration Of The 28th Street Obelisk; 3)
Submit A Grant Application To The US Department Of Homeland Security, Federal Emergency
Management Agency (FEMA), Emergency Food And Shelter Program, For Funding In The
Approximate Amount Of $40,000 For Phase 32 For Emergency Food And Shelter Assistance;
And Retroactive Approval For The Following: 4) 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 2014/2015 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; 5) Submittal Of An Application To The Knight Foundation, Knight
News Challenge On Libraries, For A Technology Access Program; 6) Submittal Of An Application
To The United States Conference Of Mayors, Childhood Obesity Program For Funding In The
Approximate Amount Of $120,000 For A Food And Nutrition Program For Youth; Approving And
Authorizing The Appropriation Of The Above Grants And Funding Requests, Including Any
Requisite Matching Funds And City Expenses; And Further Authorizing The City Manager Or His
Designee To Take All Necessary Steps And Execute All Necessary Documents In Connection
With The Aforestated Grants And Funding Requests, Including, Without Limitation, Applications,
Grant/Funding Agreements And Audits.
(Budget & Performance Improvement)
C7B A Resolution Accepting The Recommendation Of The City Manager To Reject The Single
Proposal Received, Pursuant To Request For Qualifications (RFQ) No. 2014-237-JR: For Plans
Review, Inspections And Permit Clerk Services; Authorizing A Continuing Month-To-Month
Extension Of Contract Number RFP-47-08/09 For Plans Review And Building Inspector; And
Authorizing The Issuance Of A New RFQ.
(Building/Procurement)
C7C A Resolution Relating To Urging The State Legislature And The Federal Food And Drug
Administration To Enact Regulations Requiring The Disclosure And Mandatory Labeling Of All
Genetically Engineered Food Products; And In The Interim, Urge The Companies That Provide
For The Distribution, Manufacturing And Production Crops Or Food Products To Voluntarily Label
The Crops And Food Products That Have Been Genetically Engineered.
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: City Attorney’s Office)
C7D A Resolution To Urge The Children’s Trust And The Miami-Dade County School Board To
Support And Finance Comprehensive School-Based Health Centers In Miami Beach Public
Schools; Particularly, By Placing A Center In The City Of Miami Beach At A Miami Beach Public
School; And Sustain The Registered Nurse Health Suites Within Miami Beach Public Schools
And Feeder Schools.
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: City Attorney’s Office)
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Commission Agenda, October 22, 2014
C7 - Resolutions (Continued)
C7E A Resolution Electing Commissioner Joy Malakoff, Group III, As Vice-Mayor, For A Term
Commencing On November 1, 2014 And Terminating On February 28, 2015, Or On Such Date
When A New Vice-Mayor Is Thereafter Elected.
(City Clerk’s Office)
C7F A Resolution Approving And Authorizing The Issuance Of A Request For Letters Of Interest
(RFLI) From Human Service Providers And Others In Anticipation Of Pursuing Grant
Opportunities Through The Children’s Trust; Local, State And Federal Funding Agencies; And
Private Foundations; And Authorizing The City Manager Or His Designee To Execute
Memoranda Of Understanding With Selected Entities, In Furtherance Of And Consistent With The
Aforestated Funding Opportunities.
(Housing & Community Services)
C7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 3
To The Professional Services Agreement With Industrial/Organizational Solutions, Inc., Dated
July 18, 2012, Said Amendment To Provide Additional Testing Services During The Third
Contract Year For Classified Promotional Classifications In The Fire Department; And Requesting
Additional Funding, In An Amount Not To Exceed $71,000.
(Human Resources)
C7H A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
To Pilot Strategic Pricing At Municipal Parking Lot No. P71 And A Commercial On-Street Parking
Area, To Be Determined By The City Manager.
(Parking)
C7I A Resolution Retroactively Approving And Authorizing The Acceptance Of The 1,200 Orchids
Donated By Pine Ridge Orchids, Inc., Which Orchids Are Valued At $20,730, And Were Planted
Throughout The City’s Park System.
(Parks & Recreation)
C7J A Resolution Authorizing The City Manager And City Clerk To Execute Mutual Aid Agreements
With The Following Governmental Agencies: 1) Village Of El Portal, Florida; 2) Florida City,
Florida; 3) City Of Hialeah, Florida; 4) City Of Homestead, Florida; 5) Indian Creek Village,
Florida; 6) Village Of Key Biscayne, Florida; 7) Miami Shores Village, Florida; 8) City Of North
Bay Village, Florida; 9) City Of North Miami, Florida; 10) City Of North Miami Beach, Florida; 11)
Village Of Pinecrest, Florida; 12) City Of South Miami, Florida; 13) City Of Sunny Isles Beach,
Florida; 14) Town Of Surfside, Florida; 15) City Of Sweetwater, Florida; 16) City Of Virginia
Gardens, Florida; For The Purpose Of Coordinating Law Enforcement Planning, Operations, And
Mutual Aid Benefit Between The City Of Miami Beach And Village Of El Portal, Florida City, City
Of Hialeah, City Of Homestead, Indian Creek Village, Village Of Key Biscayne, Miami Shores
Village, City Of North Bay Village, City Of North Miami, City Of North Miami Beach, Village Of
Pinecrest, City Of South Miami, City Of Sunny Isles Beach, Town Of Surfside, City Of
Sweetwater, And The City Of Virginia Gardens.
(Police)
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Commission Agenda, October 22, 2014
C7 - Resolutions (Continued)
C7K A Resolution Approving And Accepting An Easement From Talmudic University (“Talmudic”),
Said Easement To Be Located In The Northwest Corner Of The Property, Westerly And Adjacent
To The City’s Water Pump Station No. 41, For The Maintenance, Repair, Replacement,
Relocation And Removal Of The City’s Water Main.
(Public Works)
C7L A Resolution Waiving By 5/7th Vote, The Competitive Bidding Requirement, Finding Such Waiver
To Be In The Best Interest Of The City, And Authorizing The City Manager To Execute A Letter
Of Agreement With Jewish Community Services Of South Florida, Inc., In The Amount Of
$44,000, For Provision Of Litter Control And Sanitation Support Services, Through JCS’s HOPE
Program, In The Area From 5th To 11th Streets, Between Lenox And Meridian Avenues.
(Public Works)
C7M A Resolution Approving Pursuant To 2-367(d), Of The City Code, The Sole Source Purchase Of
Software Updates For Geographic Information Systems (GIS) And Authorizing The City Manager
And City Clerk To Execute A Small Municipal And County Government Enterprise License
Agreement (ELA) With Environmental Systems Research Institute, Inc. (ESRI) For A Three (3)
Year Period, At An Annual Cost Of $50,000.
(Public Works/Procurement)
C7N Execute JPA With FDOT For Turf And Landscape Maintenance Services On MacArthur
Causeway And Julia Tuttle Causeway
1. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Joint
Participation Agreement (JPA) With The Florida Department Of Transportation (FDOT) For
The Turf And Landscape Maintenance Services On I-395 (MacArthur Causeway), From The
East Side Of Watson Island, To The West Side Of East Channel Bridge, At An Annual Cost
Of $22,774.20, To Be Paid To The City By FDOT; Said Agreement Commencing On
November 1, 2014, And Concluding On October 31, 2015, With An Option To Renew For
Two (2) Additional Years.
(Public Works)
2. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Joint
Participation Agreement (JPA) With The Florida Department Of Transportation (FDOT) For
The Turf And Landscape Maintenance Services On I-195 (Julia Tuttle Causeway), From
The East Side Of The Intracoastal Waterway, To The Easternmost Edge Of Alton Road, At
An Annual Cost Of $260,000, To Be Paid To The City By FDOT; Said Agreement
Commencing On November 10, 2014, And Concluding On November 9, 2015, With An
Option To Renew For Two (2) Additional Years.
(Public Works)
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Commission Agenda, October 22, 2014
C7 - Resolutions (Continued)
C7O A Resolution Retroactively 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; 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; Carrfour Supportive
Housing, Inc.; And 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 Services)
C7P A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee And Setting A Public Hearing For The Co-Designation Of 21st Street As “Collins Park
South” And 22nd Street As “Collins Park North.”
(Transportation)
C7Q A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee And Setting A Public Hearing For The Co-Designation Of 24th Street Between Pine
Tree Drive And Flamingo Drive As “Miami Beach Women’s Club Way.”
(Requested By Commissioner Weithorn)
(Legislative Tracking: Transportation)
C7R A Resolution Authorizing The Administration To Negotiate Amendment No. 2 To The Contract
Between The City And Inktel Contact Center Solutions LLC (Inktel), Dated April 26, 2013; Said
Amendment Increasing The Scope Of Services To Include Call Center Services For The
Transportation Department, For An Amount Not To Exceed $46,000 Annually; And Further
Authorizing The City Manager And City Clerk To Execute Amendment No. 2 Upon Conclusion Of
Successful Negotiations By The Administration.
(Transportation)
C7S A Resolution Approving A Settlement Agreement With International Nonwovens And Disposables
Association (INDA) Of The Nonwoven Fabrics Industry In Connection With The IDEA 2016 Show
In An Amount Not To Exceed Two Hundred Seventy-Five Thousand Dollars ($275,000).
(Tourism, Culture & Economic Development)
7
Commission Agenda, October 22, 2014
C7 - Resolutions (Continued)
C7T A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
With Respect To Hiring A Commercial Real Estate Broker To Analyze The City-Owned Retail
Space Located At 1661 Pennsylvania Avenue, Miami Beach, Florida 33139, Which Is The
Subject Of A Lease (Lease) Between The Miami Beach Redevelopment Agency (RDA) And The
City (Collectively, Lessor) And Penn 17, LLC (Lessee); And Requiring Lessee To Retroactively
Pay Interim Base Rent, In The Amount Of $24,474.00, Plus Common Area Maintenance (CAM)
As Required Under The Lease, All With Applicable Sales Tax, Effective July 1, 2014, Pending
Receipt Of The Analysis And Completion Of Negotiations; And Further Providing That If Lessee
Fails To Pay Said Interim Base Rent And CAM, Tenant Shall Be Considered In Default Under
The Lease.
(Tourism, Culture & Economic Development)
End of Consent Agenda
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Commission Agenda, October 22, 2014
REGULAR AGENDA
R5 - Ordinances
R5A 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. 10:30 a.m. Second
Reading Public Hearing
(Sponsored by the Neighborhood/Community Affairs Committee)
(Legislative Tracking: Public Works)
(Continued from September 17, 2014 - R5B)
R5B Definition Of Motion Picture Theater
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter
114, “General Provisions,” Section 114-1, “Definitions,” By Adding A Definition Of Motion Picture
Theatre; Providing For Repealer; Codification; Severability; And An Effective Date. 10:40 a.m.
Second Reading Public Hearing
(Sponsored By City Commission)
(Legislative Tracking: Planning)
(First Reading on September 10, 2014 - R5H)
R5C Collins Waterfront Historic District Parking Garage Heights Ordinance
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter
130, “Off-Street Parking,” Article III, “Design Standards,” Section 130-68, “Commercial And Non-
Commercial Parking Garages,” By Amending The Maximum Height And Requirements For
Allowable Accessory Commercial And Residential Uses Of Main Use Parking Garages Located
Within The Collins Waterfront Local Historic District; Providing For Codification; Repealer;
Severability; And An Effective Date. 10:50 a.m. Second Reading Public Hearing
(Sponsored By Commissioner Jonah Wolfson)
(Legislative Tracking: Planning)
(First Reading on September 10, 2014 - R5I)
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Commission Agenda, October 22, 2014
R5 - Ordinances (Continued)
R5D Conditional Uses In Collins Waterfront District
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By
Amending 142, “Zoning Districts And Regulations”, Article II, “District Regulations”, Division 3,
“Residential Multifamily Districts”, Subdivision II, “RM-1 Residential Multifamily Low Intensity”, To
Modify The Conditional Use Requirements For Properties Located Within The Collins Waterfront
Local Historic District; Providing For Repealer; Severability; Codification; And An Effective Date.
11:10 a.m. First Reading Public Hearing
(Sponsored by Vice-Mayor Michael Grieco)
(Legislative Tracking: Planning)
R5E Short Term Rentals In Collins Waterfront District
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,” Division 3, “Supplementary Use Regulations,” To Modify The Regulations
And Requirements For Short Term Rentals To Include Properties Located Within The Collins
Waterfront Local Historic District; Providing For Repealer; Severability; Codification; And An
Effective Date. 11:20 a.m. First Reading Public Hearing
(Sponsored by Vice-Mayor Michael Grieco)
(Legislative Tracking: Planning)
R5F Faena District Comprehensive Plan And District Overlay
1. Comprehensive Plan – Faena District Overlay
An Ordinance Amending Policy 1.2 Of The Future Land Use Element Of The
Comprehensive Plan Pursuant To The Procedures In Section 163.3184(3), Florida
Statutes, By Modifying The Medium Density Multi Family Residential (RM-2) And The
High Density Multi Family Residential (RM-3) Future Land Use Categories To Establish
The “Faena District Overlay” In Order To Allow For Place Of Assembly, Restaurant, Retail
And General Office As Main Permitted Uses Within Its Boundaries; Providing For
Inclusion In The Comprehensive Plan, Transmittal; Repealer; Severability; And An
Effective Date. 11:30 a.m. First Reading Public Hearing
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
2. Faena District Overlay
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 III
"Overlay Districts", Creating Division 9 "Faena District Overlay", To Expand The Allowable
Uses In The Faena District Overlay To Include Place Of Assembly, Retail And General
Office As A Main Permitted Use In Limited Circumstances, To Permit New Construction In
The Underlying RM-3 Portion Of The Faena District Overlay To Be 220 Feet In Height;
Providing For Repealer; Severability; Codification; And An Effective Date. 11:30 a.m.
First Reading Public Hearing
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
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Commission Agenda, October 22, 2014
R5 - Ordinances (Continued)
R5G MXE Setbacks
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 142, “Zoning Districts And Regulations,” Article II, “District Regulations’”, Division 13,
“MXE Mixed Use Entertainment District,” Section 142-547, “Setback Requirements,” By
Amending The Setback Requirements To Include Separate, Reduced Setback Requirements For
Commercial Buildings Which Do Not Contain Any Hotel Or Residential Units; Providing For
Codification; Repealer; Severability, And An Effective Date. First Reading
(Sponsored by Vice-Mayor Michael Grieco)
(Legislative Tracking: Planning)
R5H Definition Of Unified Development Site
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 118, “Administration And Review Procedures,” Article I, “In General,” Section 118-5,
“Unity Of Title; Covenant In Lieu Thereof,” By Amending The Requirements And Standards For A
Covenant In Lieu And By Providing A Definition For Unified Development Site; Providing For
Codification, Repealer, Severability And An Effective Date. First Reading
(Sponsored by Commissioner Edward L. Tobin)
(Legislative Tracking: Planning)
R5I RPS Heights And Lot Aggregation
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 142, “Zoning Districts And Regulations” Article II, “District Regulations” Division 18, “PS
Performance Standard District,” Amending Section 142-696 “Residential Performance Standard
Area Requirements,” By Amending The Maximum Building Height And Lot Aggregation
Requirements In The R-PS1, R-PS2, R-PS3 And R-PS4 Zoning Districts; Providing For
Codification, Repealer, Severability And An Effective Date. First Reading
(Sponsored by Land Use & Development Committee)
(Legislative Tracking: Planning)
R5J Parking District No. 5 - Sunset Harbour
An Ordinance Amending The Code Of The City Of Miami Beach, Florida By Amending Chapter
130, “Off-Street Parking,” Article II “District; Requirements,” Section 130-33, “Off-Street Parking
Requirements For Parking Districts Nos. 2, 3 4, 5 And 6,” By Amending The Sunset Provision For
Parking District No. 5; Providing For Codification; Repealer; Severability; Applicability; And An
Effective Date. First Reading
(Sponsored by Land Use and Development Committee)
(Legislative Tracking: Planning)
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Commission Agenda, October 22, 2014
R5 - Ordinances (Continued)
R5K Single Family Home Development Regulations
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 114, “General Provisions,” Section 114-1, “Definitions,” By Including Definitions For
‘Interior Side Yard Open Space’, ‘Internal Courtyard’, ‘Terrace’ And ‘Roof Deck’; By Amending
Chapter 142, “Zoning Districts And Regulations,” Article II, “District 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 To Include
The Requirement That All Homes On Lots Resulting From A Lot Split Shall Be Reviewed By The
Design Review Board Or Historic Preservation Board, By Amending And Clarifying The
Calculation Of Lot Coverage And Unit Size, By Amending And Clarifying The Calculation Of The
Physical Volume Of The Second Floor, By Amending And Clarifying The Regulations Regarding
Roof Decks, By Modifying The Procedures Pertaining To The Issuance Of Emergency Demolition
Orders And The Review And Approval Of Demolition Requests For Single Family Homes Not
Located Within A Designated Historic District, And By Amending And Clarifying The Posting And
Mail Notice Requirements For The Formal Determinations Of Architectural Significance Of An
Eligible Single-Family Home That Is Proposed To Be Substantially Retained; Providing For
Repealer; Codification; Severability; And An Effective Date. First Reading
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
R5L 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 70-66, Entitled “Definitions” To Incorporate The Exemption
For Motorized Wheelchairs And Similar Devices Used By Disabled Persons Into The Definition Of
“Motorized Means Of Transportation,” Making Corresponding Amendments Throughout Division
2, And Adding A Definition For High Impact Periods; By Amending Section 70-67, Entitled
“Prohibited Activities,” To Amend The Locations Where Motorized Means Of Transportation Are
Prohibited; 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 And To Include Persons Operating Motorized Means Of
Transportation; 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; And By Amending Section 70-71, Entitled
“Enforcement; Penalties,” To Provide Housekeeping Amendments; Providing For Repealer,
Severability, Codification, And An Effective Date. First Reading
(Sponsored by Commissioner Jonah Wolfson)
(Legislative Tracking: Transportation)
R5M An Ordinance Amending Ordinance No. 93-2836 Of The City Of Miami Beach, Regarding The
Establishment Of A Trust Fund For The “City Center/Historic Convention Village Redevelopment
And Revitalization Area,” By Amending Section 4 Thereof To Extend The Period Of Funding The
Trust Fund; Providing For Repealer, Severability, And An Effective Date. First Reading
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Tourism, Culture & Economic Development)
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Commission Agenda, October 22, 2014
R7 - Resolutions
R7A A Resolution Pursuant To Section 142-425(d) Of The City Code, Waiving By 5/7th Vote Of The
City Commission After Public Hearing, The Development Regulations Under Section 6-4(4) To
Allow For Alcohol Sales For Consumption On Site For O Cinema At The Byron Carlyle Theater
And At The Miami Beach Cinematheque Theater; Two Not-For-Profit, Cultural Organizations
Utilizing The Theaters. 9:35 a.m. Public Hearing
(Tourism, Culture & Economic Development)
R7B A Resolution To Consider Approval, Following First Reading/Public Hearing Of A Development
Agreement As Authorized Under Section 118-4 Of The City Code, And Sections 163.3220 -
163.3243, Florida Statutes, Between The City And 8701 Collins Development, LLC (“8701”),
Which Development Agreement: (1) Memorializes The Conditions For Vacating The City’s Right
Of Way At 87th Terrace East Of Collins Avenue (“City Parcel”); (2) Grants To The City A
Perpetual Pedestrian Access Easement Across A Portion Of The Vacated City Parcel; (3)
Ensures The Payment Terms For 8701’s Payment Of A Voluntary Monetary Contribution, In The
Amount Of $10.5 Million Dollars, To Be Used By The City For Public Purposes; (4) Delineates
The Conditions For The Construction Of The Project Located At 8701 Collins Avenue As A Hotel
And/Or Residential Condominium Site; And (5) Subject To And Contingent Upon 8701’s
Satisfaction Of The Conditions Set Forth In The Development Agreement; And Further Setting
The Second And Final Reading Of The Development Agreement For A Time Certain. 11:00 a.m.
Public Hearing
(City Attorney’s Office)
(Memorandum to be Submitted in Supplemental)
R7C A Resolution Accepting The September 24, 2014 Unanimous Recommendation Of The Finance
And Citywide Projects Committee To Dedicate The $10.5 Million Dollar Voluntary Contribution By
8701 Collins Development, LLC (8701), As Contemplated Under Resolution No. 2014-28743,
Toward The Area Of North Beach, North Of 69th Street; And To Utilize 50 Percent (50%) Of The
10.5 Million Toward The Revitalization Of North Beach Open Space Park, Including Creating An
Endowment Account To Ensure The Future Renewal, Replacement And Maintenance Of The
Park.
(Public Works)
R7D Design Review Board Appeal – DAS Node at 1604 Alton Road
A Resolution Setting A Public Hearing, Pursuant To Section 118-262 Of The City Code, For An
Appeal Filed By ARRP Miami, LLC, Of The Design Review Board’s Order Relating To DRB File
No. 23062 To Locate A Distributed Antenna System (DAS) Node At 1604 Alton Road, And
Setting Such Public Hearing For The City Commission Meeting Of __________.
(Planning Department)
R7E A Resolution Setting A Public Hearing To Adopt The Fifth Amendment To The General Fund,
Enterprise Fund, Internal Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY)
2013/14.
(Budget & Performance Improvement)
13
Commission Agenda, October 22, 2014
R7 - Resolutions (Continued)
R7F Accept NCAC Recommendations Regarding Workforce Housing And Area Median Income
1. A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee And Directing The City Manager To Utilize Targeted Marketing To Prioritize
Placement In The London House Apartments And In Those Buildings Anticipated To Be
Acquired From Miami Beach Community Development Corporation, To Include The Barclay
Plaza Apartments; Lottie Apartments; Madeleine Village Apartments; Allen House
Apartments; And Neptune Apartments; And Specifically Targeting Those Households
Employed In Education, Public Safety And Municipal Occupations And Earning Up To
Eighty Percent (80%) Of The Area Median Income (AMI).
(Housing & Community Services)
2. A Resolution Accepting The Recommendation Of The Neighborhoods/ Community Affairs
Committee And Directing The City Manager To Pursue The Development Of Workforce
Housing For Households Earning From One Hundred Twenty Percent (120%) To One
Hundred Forty Percent (140%) Percent Of Area Median Income; And Further Authorizing
The Use Of Targeted Marketing To Prioritize Placement Of Those Households Employed In
Education, Public Safety And Municipal Occupations.
(Housing & Community Services)
3. A Resolution Accepting The Recommendation Of The Neighborhoods/ Community Affairs
Committee And Directing The City Manager To Explore The Development Of Workforce
Rental Housing, To Be Located On The West Side Of The Convention Center Parking Lot;
For And For The Developed Housing To Benefit Households Employed In Education, Public
Safety And Municipal Occupations And Earning From One Hundred Twenty Percent (120%)
To One Hundred Forty Percent (140%) Of The Area Median Income (AMI).
(Housing & Community Services)
R7G A Resolution Supporting The State Legislature’s Efforts To Amend Section 403.7033, Under
House Bill 1257 And Companion Senate Bill 830, Which Amendments Would Provide For Local
Regulation And Enforcement Of Plastic Bags Under The State’s Proposed Guidelines;
Alternatively, Should The Statute Not Be Amended, The City Commission Requests The Repeal
Of Section 403.7033, Florida Statutes, So That Local Governments Are No Longer Preempted
From Enacting Appropriate Legislation Relating To The Regulation Of Plastic Bags.
(Sponsored by Vice-Mayor Michael Grieco)
(Legislative Tracking: City Attorney’s Office)
R7H A Resolution Proclaiming October 24, 2014, "Teacher And School Staff Breast Cancer Screening
Day In The City Of Miami Beach;” And Recognizing The Collaboration Of The City Of Miami
Beach/Miami Beach Chamber Of Commerce Healthcare Taskforce, Miami-Dade Public Schools,
And The Mount Sinai Comprehensive Cancer Center In Their Efforts To Promote Preventive
Health Measures In Our Community During National Breast Cancer Awareness Month.
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: City Attorney’s Office)
14
Commission Agenda, October 22, 2014
R7 - Resolutions (Continued)
R7I A Resolution Approving And Authorizing The City Manager Or His Designee To Take The
Following Actions: 1) Submit To The State Of Florida, Department Of Environmental Protection,
A Request For Inclusion On The Clean Water State Revolving Fund (CWSRF) Priority List; 2)
Submit To The State Of Florida, Department Of Environmental Protection, A Loan Application For
Planning Funds From The Clean Water State Revolving Fund Program; And, 3) Establish
Pledged Revenues And Execute A Loan Agreement For Planning Funds Through The State
Revolving Fund Program To Finance Proposed Stormwater Bond Projects; Approving And
Authorizing The Appropriation Of The Above Funds, Including Any City Expenses; And Further
Authorizing The City Manager Or His Designee To Take All Necessary Steps And Execute All
Necessary Documents Related To The Above Actions And To Provide The Assurances And
Commitments Required By The Loan Application.
(Budget & Performance Improvement)
R7J A Resolution Approving And Authorizing An Amendment To The FY 2014/2015 Action Plan; Said
Amendment Authorizing The Reallocation Of $122,492.44 Of FY 2014/2015 HOME Investment
Partnerships Program (HOME) Funds From The London House Project To The Carrfour Harding
Village Project; Providing For A Thirty (30) Day Public Comment Period; And Scheduling A Public
Meeting On The Proposed Amendment To The City’s FY 2014/2015 Action Plan; And Further
Authorizing The City Manager To Execute Any Documents Necessary To Effectuate The
Reallocation Of Said Home Funds To The Carrfour Harding Village Project.
(Housing & Community Services)
R7K A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee And The Finance & Citywide Projects Committee At The September 24, 2014 Joint
Meeting To Accept The Recommendation For Staff To Pursue The Feasibility Of The
Development Of A Teen Center At The Scott Rakow Youth Center Parking Lot To Replace The
21st Street Teen Center.
(Parks & Recreation)
R7L A Resolution Accepting The September 24, 2014 Recommendations Of The Finance And
Citywide Projects Committee To Schedule A North Beach Revitalization Plan City Commission
Workshop, And Further Directing The Administration To Begin Negotiations With AT&T For The
Potential Purchase Of Air Rights For 6940 Abbott Avenue From AT&T For Future Development
Of A Parking Garage In The North Beach Town Center.
(Tourism, Culture & Economic Development)
R7M A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Proposals (RFP) No. 2014-278-ME For Owners
Representative Services For The Miami Beach Convention Center Renovation And Expansion
Project.
(City Manager’s Office/Procurement)
15
Commission Agenda, October 22, 2014
R7 - Resolutions (Continued)
R7N A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Qualifications No. 2014-128-ME (The RFQ), For
Legislative Consulting Services; Authorizing The Administration To Enter Into Negotiations With
The Top Ranked Proposer, Corcoran And Associates, Inc.; And Should The Administration Not
Be Successful In Negotiating An Agreement With The Top-Ranked Proposer, Authorizing
Negotiations With The Second-Ranked Proposer, Ballard Partners, Inc.; And Should The
Administration Not Be Successful In Negotiating An Agreement With The Second–Ranked
Proposer, Authorizing Negotiations With The Third-Ranked Proposer, Rutledge Ecenia, P.A.; And
Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of
Successful Negotiations By The Administration.
(City Manager’s Office/City Attorney’s Office)
(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)
R9A2 Nominate Ricky Arriola For Reappointment And Larry Colin For Appointment To The Performing
Arts Center Trust (PACT).
(Requested by Mayor Philip Levine)
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)
R9C1 Discussion Regarding The Schematic Design Of The Miami Beach Convention Center Project
And Park.
(City Manager’s Office)
R9D Discussion Regarding The Possible Future Convention Center Hotel.
(City Manager’s Office)
16
Commission Agenda, October 22, 2014
R9 - New Business and Commission Requests (Continued)
R9E Report From Miami-Dade County Public Schools On The Status Of The Action Plan Related To
Nautilus Middle School And Progress To Date.
(Organization Development Performance Initiatives)
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 September 10, 2014 - R9F)
R9G Presentation Of The Storm Ready Certification To Our City From The National Weather Service.
(Emergency Management)
R9H Discussion Regarding The Mid-Beach Trolley System.
(Requested by Mayor Philip Levine)
R9I The Committee Of The Whole Will Meet On October 22, 2014 In The City Manager’s Office Large
Conference Room To Discuss The 2015 City Commission Meeting Dates.
(City Clerk’s Office)
R9J Discussion Regarding The Civil Forfeiture Policy Of The City Of Miami Beach.
(Requested by Commissioner Jonah Wolfson)
R9K Discussion Regarding The Miami Beach Voter Guide That Was Distributed In August 2014.
(Requested by Commissioner Jonah Wolfson)
R9L Discussion Regarding A Request For Vacation Of A City Right-Of-Way, Located At The Westerly
End Of West 59th Street, To Ambassa Holdings, Inc. C/O Christian Berdoure, In Exchange For
Public Access And A Utility Easement Over The Southerly Portion Of The Adjacent Lot 25 To The
Waters’ Edge.
(Public Works)
R9M Discussion On The Beautification Of The Alton Road Flyover Bridge At The Eastern End Of I-395.
(Requested by Commissioner Joy Malakoff)
R9N Discussion Regarding Establishing A System For Authorizing Road Or Lane Closures In The City
Of Miami Beach.
(Requested by Vice-Mayor Michael Grieco)
17
Commission Agenda, October 22, 2014
R9 - New Business and Commission Requests (Continued)
R9O Discussion Regarding Requiring That Proposed Ordinances Or Ordinance Amendments Be
Sponsored By At Least One Member Of The Commission.
(Requested by Vice-Mayor Michael Grieco)
R9P Discussion And Referral To The Neighborhood/Community Affairs Committee Regarding The
Purdy Boat Ramp, Establishing Rules, Regulations, And Dock Master Position.
(Requested by Vice-Mayor Michael Grieco)
R9Q Discussion Regarding The Letter From CWA President Mc Kinnon Requesting That The
Outsourcing Of Property Maintenance Be Halted And Referred To The November Finance &
Citywide Projects Committee Meeting For Discussion.
(Requested by Commissioner Jonah Wolfson)
R9R Discussion Regarding The Former Administration’s Failure To Collect Parking Impact Fees; An
Update On How This Occurred; And New Policies And Procedures For Future Revenue
Collection.
(Requested by Commissioner Edward L. Tobin)
R9S Discussion Regarding The Committee Of Quality Education Motion Made September 23, 2014,
Regarding Nurse Staffed Health Suites In Miami Beach Public Schools.
(Requested by Commissioner Edward L. Tobin)
R9T Discussion Regarding Middle Flamingo Drive Street Repair.
(Requested by Commissioner Edward L. Tobin)
R10 - City Attorney Reports
R10A City Attorney’s Status Report.
(City Attorney Office)
18
Commission Agenda, October 22, 2014
Reports and Informational Items
1. Reports And Informational Items (see LTC 349-2014)
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