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20150731 Titles Presentations & Awards/Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive July 31, 2015 Mayor Philip Levine Vice-Mayor Edward L. Tobin Commissioner Michael Grieco Commissioner Joy Malakoff Commissioner Micky Steinberg 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 - 4:00 p.m. 2. Pledge of Allegiance 3. Moment of Silence in Honor of Miami Beach Resident Dr. Kevin Berkowitz 4. Requests for Additions, Withdrawals, and Deferrals 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, July 31, 2015 Presentations and Awards PA1 Presentation On The State Of The Travel And Tourism Industry By William Talbert, President & CEO Of The Greater Miami Convention & Visitors Bureau And Recognition Of National Travel And Tourism Week. (Sponsored by Mayor Philip Levine) (Deferred from June 10, 2015) PA2 Certificates Of Completion To Be Presented To The City Of Miami Beach Neighborhood Leadership Academy Graduates For Spring 2015. (Office of the City Manager) PA3 The American Heart Association Recognizes The Miami Beach Fire Department For Achieving The 2015 Mission: Lifeline EMS Silver Level Recognition Award And Implementing Quality Improvement Measures For The Treatment Of Patients Who Experience Severe Heart Attacks. (Sponsored by Commissioner Joy Malakoff) PA4 Proclamation To Be Presented To Cheryl Cook, Of The Strand Restaurant In Miami Beach, For Her Role In Creating The Cosmopolitan (Cocktail) Sometime In 1989. (Sponsored by Commissioner Michael Grieco) PA5 Proclamation To Be Presented To Miami Beach Gay Pride For Their Role In Bringing Residents And Visitors Together To Celebrate Inclusion, Diversity And The Unique Spirit Of The LGBTQ Community. (Sponsored by Commissioner Michael Grieco) PA6 Certificates Of Recognition To Be Presented To Miami Beach Senior High School Students: Gabrielle Walden, 2015 Silver Knight Winner For Digital And Interactive Media; And Nick Caine, 2015 Silver Knight Honorable Mention In Social Science. (Sponsored by Mayor Philip Levine) CONSENT AGENDA C4 - Commission Committee Assignments C4A Referral To The Land Use And Development Committee Discussion Regarding Alcoholic Beverages As A Conditional Issue In Commercial Districts. (Sponsored by Mayor Phillip Levine) 2 Commission Agenda, July 31, 2015 C6 - Commission Committee Reports C6A Report Of The July 1, 2015 Finance And Citywide Projects Committee Meeting: 1) General Fund CSL Update And Proposed Millage Rate. 2) Review Of Proposed Capital Budget. 3) FY 2015/16 General Fund Operating Budget: Potential Efficiencies/Reductions, Potential Enhancements, And Potential Revenue Enhancements. 4) Proposed Parking Rate Increases. 5) A) Discussion Regarding Parking Demand Analysis/Walker Parking Consultants; B) Discussion Regarding The Construction Of A Parking Garage At The 27th Street And Collins Avenue Parking Lot. 6) Discussion Regarding Whether Or Not To Pursue Food And Beverage Concessions For Soundscape Park, Collins Park, And The Miami Beach Botanical Garden. 7) Discussion To Amend The Living Wage Ordinance Insurance Provision In Light Of Obama Care. 8) Discussion Regarding The Requirement For City Contractors To Provide Equal Benefits For Domestic Partners. 9) Discussion Regarding A New Lease Agreement Between The City Of Miami Beach (Landlord) And SB Waxing, Inc. (Tenant) Involving The Use Of Approximately 1,291 Square Feet Of Ground Floor Retail Space Located At 1701 Meridian Avenue, Unit 3 (A/K/A 771 17th Street), Miami Beach, Florida (Premises), For An Initial Term Of Five (5) Years, With One (1) Renewal Option For An Additional Four (4) Years And Three Hundred And Sixty Four (364) Days. 10) Discussion Of A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency (RDA), Accepting The Recommendation Of The Finance And Citywide Projects Committee, Pursuant To Invitation To Negotiate (ITN) No. 2015-060-LR (The ITN), For The Leasing Of City-Owned Buildings And Rooftops For The Placement Of Telecommunications Equipment, And Authorize The Executive Director To Execute A Nine Year And 364 Day Lease Agreement With Crown Castle NG East, LLC (“Tenant”), Attached And Incorporated Herein As Exhibit “A,” For Tenant To Operate And Maintain Its Existing Telecommunications Hub On The Roof Of The RDA’s Parking Garage Located At 1550 Collins Avenue, With A Monthly Rent Of $4,000.00. 11) Discussion Regarding A Potential Public-Private Partnership With 1234 Partners, LTD. For A Parking Garage On The 1200 Block Of Washington Avenue. 12) Discussion Regarding Land Use & Development Committee And The Planning Board For The Review Of All Planning Fees, Including Fees Associated With Plans Review, Board Applications And Other Ministerial Functions. 13) Discussion Regarding A Request From The Parks And Recreation Facilities Committee For A Competition Swimming Pool. 14) Discussion Regarding A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Invitation To Negotiate (ITN) 2014-170-SW For A Gated Revenue Control System For The City's Parking Garages; Approving The Material Terms Of An Agreement Between The City And Skidata, Inc., As Set Forth In The Term Sheet Attached As Exhibit “A” Hereto; Authorizing The City Manager And The City Attorney's Office To Finalize The Agreement Based Upon The Material Terms Approved Herein; Provided That They May Make Any Non-Substantive And Non-Material Revisions And/Or Additions To The Agreement, As They Deem Necessary; Authorizing The Mayor And City Clerk To Execute The Final Agreement; And, In The Event That The City Is Unable To Finalize Successful Negotiations With Skidata, Inc., Authorizing The City Manager And The City Attorney's Office To Negotiate An Agreement With Amano McGann, Inc. Based Upon The Material Terms Approval In Exhibit “A” Herein (Provided That They May Make Any Non- Substantive And Non-Material Revisions And/Or Additions To The Agreement). 15) Discussion Regarding The Transfer, Via Quit Claim Deed, To The Florida Department Of Transportation (FDOT) The Property Identified In Exhibit “A,” As The Property Has Been Constructed Upon By FDOT And Utilized As A Turning Lane From Michigan Avenue Onto Alton Road; Containing Approximately 4,014 Square Feet In Total Area; Further Waiving, By 5/7th Vote, The Competitive Bidding Requirements And Independent Appraisal Requirements Of Section 82-39 Of The City Code, Finding That The Public Interest Would Be Served By Waiving Such Conditions. 3 Commission Agenda, July 31, 2015 C6 - Commission Committee Reports C6B Report Of The July 17, 2015 Finance And Citywide Projects Committee Meeting: 1) Finalizing Proposed FY 2015/2016 Operating Budget And Capital Budget; 2) Proposed Water And Sewer Rates. 3) Stormwater Update. C7 - Resolutions C7A A Resolution Adopting The Official Election Certificate Of The Canvassing Board For The Special Mail Ballot Election Held In The City Of Miami Beach From June 29, 2015 To July 24, 2015, To Determine Whether A Majority Of The Affected Property Owners Approve The Creation Of A Special Assessment District To Be Known As The Lincoln Road Business Improvement District. (Office Of The City Clerk/Office Of The City Attorney) (Item to be Submitted in Supplemental) REGULAR AGENDA R5 - Ordinances R5A Required Enclosures for Rental Car Facilities An Ordinance Amending Chapter 114 “General Provisions,” Section 114-1, “Definitions,” By Modifying The Definition Of Commercial Vehicle; By Amending Chapter 142 “Zoning Districts And Regulations;” Article IV, “Supplementary District Regulations,” Division 1, “Generally” To Modify The Requirements For Required Enclosures To Create An Allowance For The Outdoor Exposure Of Rental Car Vehicles; Providing For Repealer; Severability; Codification; And An Effective Date. 4:11 p.m. Second Reading Public Hearing (Sponsored by Commissioner Jonah Wolfson) (Legislative Tracking: Planning) (Continued from July 8, 2015 - R5C) 4 Commission Agenda, July 31, 2015 R5 - Ordinances R5B Ocean Terrace Overlay - Comprehensive Plan And LDR Amendments 1. Comprehensive Plan - Ocean Terrace 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 Intensity Commercial Category (CD-2) And The Mixed Use Entertainment Category (MXE) To Establish The 'Ocean Terrace Overlay' In Order To Allow For An F.A.R. Of 3.0 for Residential and Hotel Uses, To Limit Commercial F.A.R. To 1.0; And To Reduce The Maximum Allowable Residential Density To Fifty Units Per Acre Within Its Boundaries; Providing For Repealer; Severability; Codification; And An Effective Date. 4:12 p.m. First Reading Public Hearing (Sponsored by Commissioner Jonah Wolfson And Co-Sponsored by Commissioners Michael Grieco, Joy Malakoff & Deede Weithorn) (Legislative Tracking: Planning) (Continued from July 8, 2015 - R5I1) 2. Ocean Terrace Overlay - LDR Amendments 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 10 "Ocean Terrace Overlay", To Modify The Applicable Setbacks And Allowable Encroachments, Increase The Allowable Height To 250 Feet For Residential Uses And 125 Feet For Hotel Uses, Increase The Allowable Floor Area To 3.0 for Residential and Hotel Uses, To Limit The Allowable Floor Area For Commercial Uses To 1.0, To Limit The Maximum Floorplate Of The Tower Portion Of New Buildings, To Provide A Minimum Building Separation For The Tower Portion Of New Buildings, To Modify The Allowable Main, Conditional, Accessory And Prohibited Uses; Providing For Repealer; Severability; Codification; And An Effective Date. 4:12 p.m. First Reading Public Hearing (Sponsored by Commissioner Jonah Wolfson And Co-Sponsored by Commissioners Michael Grieco, Joy Malakoff & Deede Weithorn) (Legislative Tracking: Planning) (Continued from July 8, 2015 - R5I2) R5C An Ordinance Amending Chapter 46 Of The Miami Beach City Code, Entitled "Environment," Article II, "Care And Maintenance Of Trees And Plants," Division 2, "Trees"; At Section 46-59 Entitled “Tree Work Permit Application Processing, Requirements, And Review” To Authorize The City Commission To Adopt By Resolution, A Fee Schedule Relating To Implementing The Tree Code; Providing For Repealer; Codification; Severability; And An Effective Date. 4:13 p.m. Second Reading Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Public Works) (First Reading on July 8, 2015 - R5S) 5 Commission Agenda, July 31, 2015 R7 - Resolutions R7A A Resolution Approving, Following First Reading/Public Hearing, A Development And Ground Lease Agreement, As Authorized, Respectively, Under Section 118-4 Of The City Code, Sections 163.3220 - 163.3243, Florida Statutes, And Section 82-37 Of The City Code, Between The City And Portman Miami Beach, LLC (“Portman”), For The Development Of An 800-Room Convention Headquarter Hotel And Related Facilities, Including Up To 95,000 Square Feet Of Conference And Ballroom Facilities, And Up To 37,400 Square Feet Of Restaurant Facilities (The “Hotel”), On An Approximately 2.65 Acre Site On The 1700 Block Of Convention Center Drive, Bounded Roughly By The Miami Beach Convention Center To The North, 17th Street To The South, The Fillmore Miami Beach At The Jackie Gleason Theater To The East, And Convention Center Drive To The West (The “Leased Property”); Delineating The Conditions For The Design, Construction, Equipping And Operation Of The Hotel On The Leased Property, With No City Funding Therefor; Providing For A 99-Year Term Of The Leased Property Once Certain Conditions Are Satisfied; Prohibiting Gambling Establishments On The Leased Property; And Providing For Annual Base Rent To The City, After The Hotel Opens, Of A Fixed Percentage Of The Gross Revenues Of The Hotel, Among Other Rent; And Further Setting The Second Public Hearing And Final Reading Of The Development And Ground Lease Agreement For A Time Certain. 4:10 p.m. First Reading Public Hearing (Office of the City Manager/Office of the City Attorney) R7B A Resolution Pursuant To Section 46-59, Of The City Code, Entitled “Tree Work Permit Application Processing, Requirements, And Review”; Creating And Adopting The Tree Code Permit Fee Schedule As Delineated In Exhibit “A”; Which Fee Schedule Implements All Fees Relating To Chapter 46, "Environment," Article II, "Care And Maintenance Of Trees And Plants," Division 2, "Trees," Sections 46-56 Through 46-90. 4:13 p.m. Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Public Works) R7C A Resolution Setting 1) The Proposed Millage Rate; 2) The Required Debt Service Millage Rate; 3) The Calculated “Rolled-Back” Rate; And, 4) The Date, Time, And Place Of The First Public Hearing To Consider The Millage Rates And Budgets For Fiscal Year (FY) 2015/16; Further Authorizing The City Manager To Transmit This Information To The Miami-Dade County Property Appraiser In The Form Required By Section 200.065, Florida Statutes. (Budget & Performance Improvement) R7D A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood Improvement District Setting 1) The Proposed General Operating Millage Rate For The Normandy Shores Neighborhood Improvement District; 2) The Calculated Rolled-Back Rate; And, 3) The Date, Time And Place Of The First Public Hearing To Consider The Operating Millage Rate And Budget For Fiscal Year (FY) 2015/16; Further Authorizing The City Manager To Transmit This Information To The Miami-Dade County Property Appraiser In The Form Required By Section 200.065, Florida Statutes. (Budget & Performance Improvement) 6 Commission Agenda, July 31, 2015 R7 - Resolutions R7E A Resolution Accepting The Written Recommendation Of The City Manager (As Set Forth In The City Commission Memorandum Accompanying This Resolution) And Waiving, By 5/7th Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Approving And Authorizing The City Manager (On Behalf Of The City) And City Clerk To Execute An Agreement With Woosh Miami Beach LLC, In Connection With The Implementation, Management And Operation Of A Pilot Program For A Citywide Network Of Smart Drinking Water Stations, For An Initial Term Of Three (3) Years, With One Renewal Option Of One (1) Year, At The City’s Sole Discretion; Which Agreement Shall, At A Minimum, Contain The Essential Provisions Contained In The Term Sheet Set Forth As Exhibit “A” To This Resolution; And Which Final Negotiated Agreement Shall Be Subject To Legal Review And Form Approval By The City Attorney’s Office. (Office of the City Attorney) R7F A Resolution Calling For A November 3, 2015 Special Election For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach, Florida, A Question Asking Whether Miami Beach City Charter Section 1.03(b)(4) Should Be Amended To Require A 4/7th Planning Board Vote And A 7/8th Vote Of The Miami Beach Redevelopment Agency To Approve The Sale, Exchange, Conveyance Or Lease Of 10 Years Or Longer Of Property Owned By The Miami Beach Redevelopment Agency. (Sponsored by Commissioner Michael Grieco) (Legislative Tracking: Office of the City Attorney) R7G Request For Final Negotiations And Approval Of Tier 1 Final Contract Adding Economic Analysis And Recommendations For Town Center And West Lots With Dover, Kohl And Partners For Master Plan For North Beach District. (Sponsored by Commissioner Joy Malakoff) R9 - New Business and Commission Requests R9A Discuss Storm W ater Pump Stations Policy. (Planning) R9B Presentation On The Beautification Of Alton Road Flyover Bridge At The Eastern End Of I-395. (Public Works) R9C Discussion Concerning Waiving Remaining City Fees And Charges For The “Dwayne Have A Heart Foundation 5K/Run Walk,” To Benefit The Dwayne Have A Heart Foundation, Inc. (Requested by Commissioner Michael Grieco) 7 Commission Agenda, July 31, 2015 R9 - New Business and Commission Requests R9D Request The City Attorney Prepare Ballot Language For A Vote By The City Of Miami Beach During The November 3, 2015 Election To Increase The FAR For The Proposed Ocean Terrace Overlay District. (Sponsored by Joy Malakoff) R9E Discussion Regarding What Rights The City Has To Take Away Mount Sinai's Grant Of 15 Million Dollars Due To Their Being Bad Corporate Citizens. (Sponsored by Commissioner Jonah Wolfson) R9F Request From The Miami-Dade County Supervisor Of Elections For Permission To Do Absentee Voter Outreach, Pursuant To Florida Statutes 101.655, To Electors Residing In Assisted Living Facilities (ALFs) And Nursing Home Facilities Located Within The City Of Miami Beach for the upcoming November 3, 2015 Elections. (Office of the City Clerk) End of Agenda 8