20141217 Titles Agenda City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
December 17, 2014
Mayor Philip Levine
Vice-Mayor Joy Malakoff
Commissioner Michael Grieco
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.
To request this material in alternate format, sign language interpreter (five-day notice required), information
on access for persons with disabilities, and/or any accommodation to review any document or participate in
any city-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6;
TTY users may call via 711 (Florida Relay Service).
In order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move
any agenda item to an alternate meeting date. In addition, the Mayor and City Commission may, at their
discretion, adjourn the Commission Meeting without reaching all agenda items.
AGENDA
1. Call to Order - 8:30 a.m.
2. Inspirational Message and Pledge of Allegiance
3. Requests for Additions, Withdrawals, and Deferrals
4. Recess for lunch at approximately 12:00 p.m.
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
Office of the City Clerk. 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, December 17, 2014
CONSENT AGENDA
C2 - Competitive Bid Reports
C2A Request For Approval To Issue A Request For Qualifications (RFQ) No. 2015-043-WG For Audit
Services For Resort Taxes And Other Internal Audits.
(Internal Audit/Procurement)
C2B Request For Approval To Award Contracts Pursuant To Invitation To Bid (ITB) 2014-195-LR For
Grounds Maintenance Of Parks And Athletic Fields.
(Parks & Recreation/Procurement)
C2C Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) 2015-010-WG
For The Lease Of Golf, Personnel Carts, Turf Vehicles And GPS System; And, Further, Authorize
The Administration To Finalize The Terms And Conditions Of A Required Lease Agreement With
E-Z-Go Division Of Textron; And, Further, Authorize The Administration To Negotiate Month-To-
Month Terms With The Current Provider Of The City’s Golf Cart Fleet, Also E-Z-Go Division Of
Textron, Until Such Time As The New Fleet Of Golf Carts Is Delivered, Pursuant To ITB 2015-
010-WG.
(Parks & Recreation/Procurement)
C2D Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) 2015-011-WG
For The Lease Of Police Motorcycles And To Authorize The City Manager To Negotiate And
Execute A Lease Agreement.
(Police/Procurement)
C2E Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 2014-229-JR
For The 79th Street Beachwalk Extension, Located Along 79th Street Between Atlantic Way And
The North Beach Recreational Corridor (NBRC) Beachwalk.
(Public Works/Procurement)
C4 - Commission Committee Assignments
C4A Referral To The Next Finance And Citywide Projects Committee Regarding A Funding Time Line
For The New Teen Center.
(Sponsored by Commissioner Deede Weithorn)
C4B Referral To The January 7, 2015 Finance And Citywide Projects Committee - Discuss City
Manager Jimmy Morales’ Letter Dated December 1, 2014 Regarding His Employment Contract.
(Sponsored by Commissioner Deede Weithorn)
2
Commission Agenda, December 17, 2014
C4 - Commission Committee Assignments (Continued)
C4C Referral To The January 7, 2015 Finance And Citywide Projects Committee - Discussion
Regarding Entering Into An Employment Agreement With The City Clerk.
(Sponsored by Commissioner Deede Weithorn)
C4D Referral To The Finance And Citywide Projects Committee - Changes In Indexes Used For
Reimbursement Of Travel Expenses.
(Budget & Performance Improvement)
C4E Referral To The Finance And Citywide Projects Committee - Discussion Regarding Partial
Payments Of Annual And Sick Leave For Participants Of The Deferred Retirement Option Plan
(DROP).
(Sponsored by Commissioner Deede Weithorn)
C4F Referral To The Next Neighborhood/Community Affairs Committee Regarding An Update On The
Plans For The Par 3 Park.
(Sponsored by Commissioner Deede Weithorn)
C6 - Commission Committee Reports
C6A Report Of The Land Use And Development Committee Meeting Of December 10, 2014: 1)
Discussion On North Beach Overlay Districts. 2) A. Discussion On Proposed Amendments To
The Single Family Home Ordinance (Rear Yard Swimming Pools). 2) B. Discussion Of A
Proposed Amendment To The Adjusted Grade Of Required Yards In Reference To Seawall Built
At 5.7’ NAVD. 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 Re:
An Ordinance Amendment To Chapter 106 Relating To Parking To Require A Parking Plan
During Construction For Commercial Building Projects. 5) Discussion On Possible Amendments
To Chapter 6 And Chapter 142 Of The City Code. 6) Discussion Re: The Concession Contract
With RCI Group, The Management Company Of Miami Beach Marina. 7) A. Annual Evaluation Of
Parking Impact Fee Structure. 7) B. Discussion Regarding The Philosophy Behind Parking
Impact Fees. 8) Additional Modifications To The Land Development Regulations Regarding Unit
Size And Lot Coverage Calculations For Accessory Structures Permitted In Single Family Home
Districts, As Part Of The Comprehensive Single Family Revisions Pending Before The Planning
Board. 9) 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 Effective Date. 10) Discussion Re: 1100 15th Street. 11) Discussion Re: Zoning
In Progress. 12) Withdrawal Of A Referral To The Land Use And Development Committee
Regarding Section 145-1361 And What Constitutes Live Entertainment. 13) Discussion
Regarding Incompatible Uses And NIE Thresholds In North Beach. 14) Discussion Re: A
Proposed Limitation Of 50 Square Feet On The Overall Size Of Single Family Roof Decks.
(Memorandum to be Submitted in Supplemental)
3
Commission Agenda, December 17, 2014
C6 - Commission Committee Reports (Continued)
C6B Report Of The Neighborhood/Community Affairs Committee Meeting Of November 21, 2014: 1)
Discussion Regarding An Ordinance Amending Chapter 18 Of The City Code, Entitled
"Businesses," To Provide Regulations And Standards For Nude Dance Establishments. 2)
Discussion Regarding Long Term Problems That Need To Be Addressed At 17th Street And Alton
Road Intersection. 3) Discussion Regarding The Civil Forfeiture Policy Of The City Of Miami
Beach. 4) Discussion Regarding Stray Cats. 5) Discussion Regarding The Annual Review Of The
City’s List Of Deserving Organizations And/Or Groups Eligible To Receive Complimentary Tickets
As Per The City’s Complimentary Ticket Policy Pursuant To Resolution No. 2014-28638.
C6C Report Of The Flooding Mitigation Committee Meeting Of November 12, 2014: 1) Update From
The Mayor’s Blue Ribbon Panel On Flooding And Sea Rise. 2) Update Of Ongoing Projects. 3)
Indian Creek Drive - Discussion Regarding Sea Walls. 4) FDOT 5th Street Pump Station.
C6D Report Of The Finance And Citywide Projects Committee Meeting Of November 12, 2014: 1)
Discussion From The Budget Advisory Committee Regarding The Golf Course Fees. 2) A.
Discussion Regarding Police And Parking Department Towing Permit Requirements. B.
Discussion Regarding The Issuance Of New Police And Parking Department Towing Permits To
Beach Towing Services, Inc., And Tremont Towing, Inc. 3) Discussion Regarding Planning
Department Evaluation Of The Fee In Lieu Of Parking Program ("PIF"). 4) Discussion Regarding
City’s Sidewalk Café Fee Schedule. 5) Discussion Regarding Presentation And Discussion Of
Development Concepts For North Shore Open Space Park And Associated Maintenance Cost
Estimates Related To The Contribution Resulting From The Vacation And Abandonment Of That
Portion Of 87th Terrace East Of Collins Avenue. 6) Discussion Regarding Risk Management Fund
Actuarial Determined Liability. 7) Discussion Regarding The Adoption Of A Lease Template For
Use In City-Owned, Multi-Family Residential Properties And Authorizing The City Manager To
Execute These Lease Agreements On An Annual Basis Without The Need To Return To
Commission For Each Individual Lease.
4
Commission Agenda, December 17, 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 In The Approximate Amount Of $500,000 To
The Children’s Trust, Under The Youth Enrichment Program Request For Proposals (RFP), For
The Miami Beach All Stars Program; 2) Submit A Grant Application In The Approximate Amount
Of $500,000 To The Children’s Trust, Under The Parenting And Home Visitation Program RFP,
For The Miami Beach Positive Parenting Program; 3) Submit A Grant Application In The
Approximate Amount Of $500,000 To The Children’s Trust, Under The Parenting And Home
Visitation Program RFP, For The Miami Beach Parent- Child Program; And Retroactive Approval
For The Following Grant Submittals: 4) In Partnership With Mount Sinai Medical Center, To Visit
Florida, Medical Meetings & Training Promotion Grant Program, For Funding In The Amount Of
$500,000 For Specialized Equipment And Infrastructure For Medical Conventions At Mount Sinai
Medical Center And The Miami Beach Convention Center; 5) PetSmart Charities Inc. For Funding
In The Amount Of $102,175 For The City’s Free Roaming Cat Program; 6) National Oceanic And
Atmospheric Administration, Marine Debris Removal Program For Funding In The Amount Of
$29,000 For The Removal Of Derelict Vessels; 7) Firehouse Subs For Funding In The Amount Of
$20,679 For Emergency Equipment And Training Systems; And, 8) Branches Inc., For Funding In
The Approximate Amount Of $5,000 For The City’s Financial Stability Volunteer Income Tax
Assistance (VITA) Program; 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 Authorizing The City Manager To Execute A Memoranda Of Understanding With
Helping Hands Ko Op, Inc., The Saint Vincent De Paul Society At St. Patrick Catholic Church,
And Teen Job Corps, Inc. For The Provision Of A Grocery Delivery Program To Benefit Income-
Eligible Households Residing In The City.
(Housing & Community Services)
C7C A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee;
And Approving, Subject To Final Review And Approval By The City Manager And Office of the
City Attorney, A Standard Form Residential Tenant Lease, Having A One (1) Year Term, To Be
Used By The City’s Office Of Housing And Community Services For Tenants In City-Owned
Affordable Housing Projects, Without The Need For Additional City Commission Approval For
Each Individual Lease; Authorizing The Administration To Qualify All Tenants Pursuant To The
Applicable HUD Income-Eligible Guidelines And Any Other Funding Source Restrictions Affecting
Said Housing Projects; And Further Authorizing The City Manager To Execute Each Lease.
(Housing & Community Services)
C7D A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Proposal No. 2014-015-LR (The RFP) For Psychological
Services For Employees; Authorizing The Administration To Enter Into Negotiations With The Top
Ranked Proposer, Law Enforcement Psychological And Counseling Associates, Inc.; And Further
Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful
Negotiations By The Administration.
(Human Resources/Procurement)
5
Commission Agenda, December 17, 2014
C7 - Resolutions (Continued)
C7E A Resolution Authorizing The City Manager To Execute An Interlocal Agreement Between The
City, The School Board Of Miami-Dade County, Florida And Florida International University; Said
Agreement Providing For The Enhancement Of The Dual Enrollment Program At Miami Beach
Senior High School, In An Amount Not To Exceed $20,000 Per Fiscal Year, For An Initial Two
Year Term, With Subsequent One Year Extensions, Contingent Upon Budget Appropriations.
(Organization Development Performance Initiatives)
C7F A Resolution Amending The Easement Agreement Approved By City Commission On September
11, 2013, Related To The Vacation Of The Alley Located In The 500 Block Of Alton Road, In
Favor Of The Adjacent Property Owners, South Beach Heights I, LLC, 500 Alton Road Ventures,
LLC, And 1220 Sixth, LLC; And Accepting The Grant Of Easement And Agreement, For Storm
Water And Transportation Improvements, Subject To Final Approval By The City Manager And
City Attorney.
(Public Works)
(Memorandum to be Submitted in Supplemental)
C7G A Resolution Accepting A Subterranean Utility Easement From Bernard Baumel (Trust), Owner
Of The Property Located At 1700 West 25th Street, For An Amount Of $100,000, For The
Construction, Installation, Maintenance, Repair, And Replacement Of Water And Sewer Mains.
(Public Works)
C7H A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement
With The Miami Herald For The Purpose Of Advertising City Events, Programs, And Facilities.
(Tourism, Culture, & Economic Development)
C7I A Resolution Retroactively Accepting Donations And Sponsorships, In The Amount Of $113,500,
For The Following: The Human Rights Campaign Event; A Kaboom! Playground Build; Art Basel
In Miami Beach Annual Official Brunch; And Veterans Day Parade.
(Tourism, Culture, & Economic Development)
C7J Execute Contract To Install Audio/Visual System, And Adopt Operational Guidelines For North
Shore Bandshell
1. A Resolution Accepting The Written Recommendation Of The City Manager And Waiving,
By 5/7ths Vote, The Competitive Bidding Requirements, And Authorizing The City
Manager To Negotiate And, If Successful, Execute A Contract With Pro Sound, Inc. To
Furnish, Install, Test And Equalize An Audio And Visual System For The North Shore
Bandshell, In An Amount Estimated At $240,000; Finding Such Waiver To Be In The Best
Interest Of The City.
(Tourism, Culture, & Economic Development)
2. Resolution Approving And Adopting Operational Guidelines For The North Shore
Bandshell Relating To Facility Hours And Use Of Amplified Sound.
(Tourism, Culture, & Economic Development)
End of Consent Agenda
6
Commission Agenda, December 17, 2014
REGULAR AGENDA
R5 - Ordinances
R5A An Ordinance Amending Chapter 82 Of The Code Of The City Of Miami Beach, Florida, Entitled
“Public Property,” By Amending Article VI, Entitled “Naming Of Public Facilities And
Establishment Of Monuments And Memorials,” By Amending Section 82-503 Thereof, Entitled
“Naming Of Public Facilities; Co-Naming Of Streets,” To Prohibit The Co-Naming And Renaming
Of Certain Major Streets Within The City, Identified Herein As 5th Street, 41st Street, 71st Street,
Collins Avenue, Washington Avenue, Alton Road, And Ocean Drive, Or Any Portions Thereof;
Providing For Codification, Repealer, Severability, And An Effective Date. 10:15 a.m. Second
Reading Public Hearing
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Office of the City Attorney)
(First Reading on November 19, 2015 - R5Q)
R5B An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled “Administration”,
Article VII “Standards Of Conduct”, Division 2 “Officers, Employees And Agency Members”,
Section 2-462 Thereof Entitled “Prohibiting Members Of City Commission From Having Certain
Post-Service Contracts With City” To Clarify Eligibility Requirements Related To A City
Commission Member’s Post-Service Contract With The City Of Miami Beach And To Specify That
Waiver Requests Of Said Post-Service Contract Proscription Shall Be Limited To Former City
Commission Members And/Or Sitting City Commission Members Who Have Submitted An
Irrevocable Letter Of Resignation, Effective Immediately Upon Such Grant Of Waiver; Providing
For Repealer, Severability, Codification, And An Effective Date. 10:20 a.m. Second Reading
Public Hearing
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Office of the City Attorney)
(First Reading on November 19, 2015 - R5R)
R5C Short Term Rentals In Collins Waterfront District
An Ordinance Amending The Land Development Regulations Of The City Code, 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 Commissioner Michael Grieco)
(Legislative Tracking: Planning)
(Continued from November 19, 2014 - R5J)
7
Commission Agenda, December 17, 2014
R5 - Ordinances (Continued)
R5D 226 87th Terrace - Parking Category Comprehensive Plan And Rezoning
1. Comprehensive Plan - Parking Category
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 Parking (P) Future Land Use Category To Allow For
Residential Uses When Abutting A Land Use Category That Permits Such Uses;
Providing For Inclusion In The Comprehensive Plan; Transmittal; Repealer; Severability;
And An Effective Date. 2:00 p.m. First Reading Public Hearing
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
(Continued from November 19, 2014 - R5K1)
2. Rezoning - 226 87th Terrace
An Ordinance Amending The Official Zoning District Map, Referenced In Section 142-72
Of The Code Of The City Of Miami Beach, Florida, By Changing The Zoning District
Classification For The Parcel Located At 226 87th Terrace, From The Current Zoning
Classification Of GU, “Government Use District”, To The Proposed Zoning Classification
Of RM-2, “Multifamily Residential, Medium Intensity;” Providing For Codification;
Repealer; Severability; And An Effective Date. 2:00 p.m. First Reading Public Hearing
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
(Continued from November 19, 2014 - R5K2)
8
Commission Agenda, December 17, 2014
R5 - Ordinances (Continued)
R5E RM-2 Regulations, Parking Regulations And Signage Regulations Within 250 Of North Shore
Open Space Park (NSOSP)
1. RM-2 Regulations Within 250 Feet Of NSOSP
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending
Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," Division
3 “Residential Multifamily Districts,” Subdivision IV, “RM-2 Residential Multifamily, Medium
Intensity,” By Amending Sections 142-215, “Prohibited Uses,” And 142-218, “Setback
Requirements,” In Order To Permit Outdoor Bar Counters As Accessory Uses In
Oceanfront Hotels In The RM-2 District; Allowing For Modification Of Interior Side Setback
Requirements For Drives Or Sidewalks; Providing Access Between Parcels In The RM-2
District; Modifying The Interior Side Tower Setback Requirements For Oceanfront RM-2
Parcels Within 250 Feet Of North Shore Open Space Park; By Amending Chapter 142,
"Zoning Districts And Regulations," Article IV, “Supplementary District Regulations,”
Division 3 “Accessory Uses,” By Amending Section 142-902, “Permitted Accessory Uses,”
To Permit Neighborhood Impact Establishments, As Conditional Uses For Oceanfront
Hotels In The RM-2 District Within 250 Feet Of North Shore Open Space Park; Providing
For Codification; Repealer; Severability; And An Effective Date. 2:05 p.m. First Reading
Public Hearing
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
(Continued from November 19, 2014 - R5L1)
2. Parking Regulations W ithin 250 Feet Of NSOSP
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending
Chapter 130, “Off-Street Parking,” Article III, “Design Standards,” By Amending Section
130-68, “Commercial And Noncommercial Parking Garages,” To Establish Regulations
For Main Use Parking Garages Located On Non-Oceanfront Lots In The RM-2 District
With A Property Line Within 250 Feet Of North Shore Open Space Park; Providing For
Codification; Repealer; Severability; And An Effective Date. 2:05 p.m. First Reading
Public Hearing
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
(Continued from November 19, 2014 - R5L2)
3. Signage Regulations Within 250 Feet Of NSOSP
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending
Chapter 138, “Signs,” Article V, “Sign Regulations By District” And Article VI, “Specific Use
Signs,” By Amending Section 138-172, “Schedule Of Sign Regulations For Principal And
Accessory Use Signs,” In Order To Establish Sign Criteria For Ground Floor Commercial
Uses In Parking Garages Located On Non-Oceanfront Lots In The RM-2 District, With A
Property Line Within 250 Feet Of North Shore Open Space Park; And Creating Section
138-206, Entitled “City Identification Signs At City Entrance And Exit Points,” In Order To
Establish The Process By Which The City May Erect City Identification Signs Near The
City’s Entry And Exit Points; Providing For Codification; Repealer; Severability; And An
Effective Date. 2:05 p.m. First Reading Public Hearing
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
(Continued from November 19, 2014 - R5L3)
9
Commission Agenda, December 17, 2014
R5 - Ordinances (Continued)
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) Future Land
Use Category 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. 5:01 p.m. Second Reading Public Hearing
(Sponsored by Vice-Mayor Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading Public Hearing on October 22, 2014 - R5F1)
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; Providing For Repealer;
Severability; Codification; And An Effective Date. 5:01 p.m. Second Reading Public
Hearing
(Sponsored by Vice-Mayor Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading Public Hearing on October 22, 2014 - R5F2)
10
Commission Agenda, December 17, 2014
R5 - Ordinances (Continued)
R5G Transfer Of Authority To Grant Variances To Land Use Boards
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Amending The Land Development Regulations Of The City Code, By Amending Chapter 118,
"Administrative And Review Procedures," By Amending Article II, “Boards”; By Amending Division
3, “Design Review Board”; By Amending Section 118-71, “Powers And Duties;” And Section 118-
75, “Quorum And Voting,” To Create, Clarify And Expand The Role And Jurisdiction Of The
Design Review Board Regarding Variances; By Amending Division 4, "Historic Preservation
Board," By Amending Section 118-102, "Powers And Duties," And Section 118-106, “Quorum,”
To Create, Clarify And Expand The Role And Jurisdiction Of The Historic Preservation Board
Regarding Variances; By Amending Division 5, "Board Of Adjustment," Section 118-136, "Powers
And Duties," To Amend The Role And Jurisdiction Of The Board Of Adjustment; By Amending
Article VI, "Design Review Procedures," Section 118-252, “Applicability And Exemptions,” By
Modifying And Clarifying The Role Of The Design Review Board Pertaining To Single Family
Homes; By Amending Article VIII, “Procedure For Variances And Administrative Appeals”; By
Amending Sections 118-351, “Determination Of Jurisdiction”; Section 118-352, “Procedure;”
Section 118-353, “Variance Applications;” 118-354, “Variance Conditions And Safeguards;”
Section 118-355 “Variance Time Limits, Decisions Establishment Of Parking Impact Fees;”
Section 118-356, “Revocation Or Modification Of Variances” And Creating Section 118-358,
“Appeal Of Variance Decision” To Modify, Expand And Delineate The Applicable Jurisdiction Of
The Design Review Board, Historic Preservation Board And Board Of Adjustment, As It Pertains
To Variances And Appeals; To Further Clarify All Applicable Sections Of Article VIII, To Ensure
Consistency In All Variance Provisions, And Further Clarifying All Applicable Rules, Procedures
And Regulations For Variances; Providing For Repealer; Codification; Severability And An
Effective Date. 5:10 p.m. Second Reading Public Hearing
(Sponsored By Vice-Mayor Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on November 19, 2014 - R5N)
R5H 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. 5:10 p.m. Second Reading Public Hearing
(Sponsored by Vice-Mayor Joy Malakoff)
(Legislative Tracking: Planning)
(Continued from September 30, 2014 - R5D)
11
Commission Agenda, December 17, 2014
R5 - Ordinances (Continued)
R5I Clarifying And Modifying Conditional Uses In CD-2 Zoning Districts
An Ordinance Amending The Code Of The City Of Miami Beach, Florida By Amending Chapter
142, “Zoning Districts And Regulations,” Article II, “District Regulations,” Division 5, “CD-2
Commercial Medium Intensity District,” By Amending Section 142-303, “Conditional Uses,” By
Modifying And Clarifying Conditional Uses In All CD-2 Districts And Adding Stand Alone Alcohol,
Dance Hall And Entertainment Establishments As A Conditional Use In North Beach; Providing
For Codification; Repealer; Severability; Applicability; And An Effective Date. 5:15 p.m. Second
Reading Public Heaing
(Sponsored by Vice-Mayor Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading Public Hearing on November 19, 2014 - R5H)
R5J 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)
(Continued from October 22, 2014 - R5H)
R5K Telecommunications Rights Of Way
An Ordinance Amending The City Code, Chapter 104, “Telecommunications,” Article I,
“Communications Rights Of Way,” By Amending And Providing Definitions; Amending The
Registration Process; Amending The Permit Application Process To Require The Issuance Of
Permits; To Require Design And Appropriateness Review And Approval By The Design Review
Board And Historic Preservation Board; Creating Standards For Communications Facilities
Design, Location And Collocation; Adding Standards For Site Improvements, Use Of And
Restoration Of Sites And Rights-Of-Way, Including Distance Separation Between
Communications Facilities And Between Such Facilities And Residential Uses And Contributing
Buildings In Historic Districts; To Provide For Compensation To The City For The Use Of Public
Rights-Of-Way For These Purposes; And Amending Such Other Sections As Are Appropriate To
Protect The Public Health, Safety And Welfare; And Amending The Land Development
Regulations Of The City Code, Chapter 118, Article II, “Boards,” Divisions 3 And 4, “Design
Review Board” And “Historic Preservation Board,” Sections 118-71 And 118-102, “Powers And
Duties,” To Add Review And Approval Of Improvements In The Rights-Of-Way As Being Within
The Jurisdiction Of The Design Review Board And Historic Preservation Board Respectively; And
Chapter 118, Article VI, “Design Review Procedures,” Section 118-251, “Design Review Criteria,”
And Article X, “Historic Preservation,” Division 3, “Issuance Of Certificate Of Appropriateness/
Certificate To Dig/Certificate Of Appropriateness For Demolition,” Section 118-564, “Decisions On
Certificates Of Appropriateness,” Adding Criteria For Such Review For Telecommunications
Equipment And Facilities; Providing For Codification; Repealer; Severability And An Effective
Date. First Reading
(Sponsored by Vice-Mayor Joy Malakoff)
(Legislative Tracking: Office of the City Attorney)
12
Commission Agenda, December 17, 2014
R5 - Ordinances (Continued)
R5L An Ordinance 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 Thereof, Entitled “Sidewalk Cafes,” By Amending Subdivision II Thereof, Entitled
“Permit,” By Amending Section 82-387 Thereof, Entitled “Prohibited “No Table” Zones,” By
Adding A New Subsection (b) Prohibiting Sidewalk Café Operations/Permittees Within The City’s
Right-Of-Way On Euclid Avenue Between Lincoln Road And Lincoln Lane South; Providing For
Repealer, Severability, Codification, And An Effective Date. First Reading
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Tourism, Culture & Economic Development)
R5M An Ordinance Amending Chapter 18 Of The City Code, Entitled “Businesses,” By Creating Article
XVI Thereof, To Be Entitled “Nude Dance Establishments,” To Provide Regulations Regarding
Identification Requirements For All Workers And Performers In Such Establishments; Providing
For Repealer; Severability; Codification; And An Effective Date. First Reading
(Sponsored by Commissioner Edward L. Tobin)
(Legislative Tracking: Office of the City Attorney)
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 70-70, 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 To Include Persons And Business
Entities Providing Rentals, Leases, And/Or Tours Of Other Motorized Means Of Transportation,
And Correcting Scrivener’s Errors Therein; And Providing For Repealer, Severability,
Codification, And An Effective Date. First Reading
(Sponsored by Commissioner Jonah Wolfson)
(Legislative Tracking: Transportation)
R7 - Resolutions
R7A A Resolution Adopting The First Amendment To The General Fund, Enterprise Fund, Internal
Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY) 2014/15. 10:10 a.m.
Public Hearing
(Budget & Performance Improvement)
R7B Design Review Board Appeal - DAS Node at 1604 Alton Road
A Resolution Granting/Denying An Appeal Filed Pursuant To Section 118-262 Of The City Code
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. 11:00 a.m. Hearing
(Planning Department)
13
Commission Agenda, December 17, 2014
R7 - Resolutions (Continued)
R7C A Resolution Approving And Authorizing The City Manager To Reallocate $171,179.00 Of FY
2013/2014 Home Investment Partnerships Program (HOME) Funds; Approving And Authorizing
The City Manager To Reallocate $364,646 Of FY 2014/2015, $39,634.95 Of FY 2013/2014,
$175,357.72 Of FY 2012/2013, And $73,577.24 Of FY 2011/2012 Community Development Block
Grant (CDBG) Funds; Amend The FY 2014/2015 Action Plan; Amend The FY 2013 Through
2017 Consolidated Plan; Issue A Notice Of A Thirty (30) Day Public Comment Period And
Scheduling Of A Public Meeting On The Proposed Substantial Amendments To The City’s FY
2014/2015 Action Plan And Consolidated Plan; And Reallocate The Aforesaid Amount Of CDBG
And HOME Funds For The Acquisition Of The Miami Beach Community Development
Corporation (MBCDC) Properties In Accordance With Resolution No. 2014-28756 For The
Acquisition Of The Following Properties: Allen Apartments; Barclay Plaza Apartments; Lottie
Apartments; Madeleine Village Apartments; And Neptune Apartments (The “MBCDC Properties”).
(Housing & Community Services)
R7D A Resolution Accepting The Recommendations Of The Finance And Citywide Projects
Committee At Its November 12, 2014 Meeting, And Authorize The City Administration To Proceed
With The Revised Conceptual Master Design Plan For Improvements To North Shore Open
Space Park (The Project), With The Design And Construction Amount Of Such Project Not To
Exceed $6.69 Million, And Further To Explore The Procurement Of A Concessionaire To Operate
A Restaurant In North Shore Open Space Park.
(Parks & Recreation)
R7E A Resolution Adopting The 2014 North Beach Revitalization Plan.
(Tourism, Culture & Economic Development)
R7F A Resolution That The Mayor And City Commission Hereby Accept The Recommendation Of The
Land Use And Development Committee To Allow A Faena Design To The Beachwalk Along The
Faena District, And A 100 Foot Transition Area North And South Of The Faena District; And Shall
Require Faena To Be Responsible For The Design, Construction, And Maintenance Of The Faena
Portion Of The Beachwalk And The Rights-Of-Way Within The Faena District, As Reflected In The
Faena Beachwalk Plan Attached Exhibit 1.
(Requested by Commissioner Michael Grieco)
(Legislative Tracking: Planning/Office of the City Attorney)
(Continued from November 19, 2014 - R9M)
R7G A Resolution Authorizing The City Manager And City Attorney To Work With Lincoln Road
Property Owners Association, Inc., To Establish A Special Assessment District To Stabilize And
Improve The Lincoln Road Retail Business District Through Promotion, Management, Marketing,
And Other Similar Services, Pursuant To Chapter 170, Florida Statutes.
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
14
Commission Agenda, December 17, 2014
R9 - New Business and Commission Requests
R9A Board And Committee Appointments.
(Office of the City Clerk)
R9A1 Board And Committee Appointments - City Commission Appointments.
(Office of the City Clerk)
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (8:30 a.m.)
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (1:00 p.m.)
R9C Discussion Regarding Funding For Removal Of The Pine Trees On Pine Tree Drive.
(Requested by Commissioner Jonah Wolfson)
(Continued from November 19, 2014 - R9Q)
R9D Request The Commission Overturn The September 9, 2014 Decision Made By The Historic
Preservation Board To Create An Additional Historic District.
(Requested by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
(Requested on September 10, 2014 - R9Z)
R9E Discussion Regarding Resolution No. 2013-28437 From December 11, 2013, Revisiting
Commission Committee Provisions.
(Legislative Tracking: Office of the City Attorney)
(Requested on December 11, 2013 - C7Z)
R9F Request The City Of Miami Beach To Ask Our Lobbyists To Use Their Best Efforts To Request
Legislation To Prohibit Handheld Cellphone Use While Operating Motor Vehicles.
(Requested by Vice-Mayor Joy Malakoff)
R9G Discussion And Approval Of The 2015 State Legislative Priorities.
(City Manager’s Office)
R9H Discussion Regarding New Seawall Requirements And Its Effect On Single Family Homes And
Neighboring Properties.
(Requested by Commissioner Edward L. Tobin)
R9I Discussion Regarding Seawall Height Standards And Its Impact On Single Family Home
Development.
(Requested by Mayor Philip Levine)
15
Commission Agenda, December 17, 2014
R9 - New Business and Commission Requests (Continued)
R9J Discussion Regarding The Motion Passed By The Disability Access Committee And The Desire
To Focus All Efforts And Resources On One Location For An Accessible Beach.
(Requested by Commissioner Edward L. Tobin)
R9K Discussion Regarding Applicability Of The City When It Comes To Styrofoam At Miami Beach
Marina And Other Marina/Dock Facilities In Miami Beach.
(Requested by Commissioner Michael Grieco)
R9L Discussion Regarding The Scheduling Of A Date To Conduct A Commission Workshop
Specifically To Discuss Parks And Recreation Capital Projects.
(Parks & Recreation Department)
R9M Update On The Evaluation Of Traffic Circulation At 42nd Street And Pine Tree Drive.
(Requested by Commissioner Micky Steinberg)
R10 - City Attorney Reports
R10A City Attorney’s Status Report.
(Office of the City Attorney)
(Memorandum to be Submitted in Supplemental)
Reports and Informational Items
1. Reports and Informational Items (see LTC 408-2014)
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.
(Office of the City Clerk)
End of Regular Agenda
16