20170607 AM2MIAMI BEACH
City Commission Meeting
ADDENDUM MATERIAL 2 (6t5t2017)
City Hall, Commission Chambers, 3'o Floor,lTOO Convention Center Drive
June7,2017
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Comm issioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vrsrt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk priorto engaging in any lobbying activitywith 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 Iaws are available in the Gity Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
ADDENDUM AGENDA
G4 - Gommission Committee Assiqnments
C4 N REFERRAL TO THE FINANCE AND CITWVIDE PROJECTS COMMITTEE TO DISCUSS THE
CONDITION OF THE LOG CABIN STRUCTURE LOCATED AT 8128 COLLINS AVENUE.
Property Management
Addendum added on 61512017
C4 O REFERRAL TO THE FINANCE AND CITWVIDE PROJECTS COMMITTEE, TO DISCUSS FUNDING
FOR THE NORTH BEACH BANDSHELL CANOPY.
Commissioner Ricky Arriola
Addendum added on 61512017
1
Addendum 2, June 7,2017
R5 - Ordinances
R5 AJ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 5
ENTITLED ''CAMPAIGN FINANCE REFORM,'' BY ADDING THERETO SECTION 2-491 ENTITLED,PROHIBITED LOBBYING BY CAMPAIGN CONSULTANTS,' PROHIBITING CAMPAIGN
CONSULTANTS AND CERTAIN AFFILIATED PERSONS OR ENTITIES FROM LOBBYING CITY
COMMISSION FOR 12 MONTHS SUBSEQUENT TO SWEARING IN OF SUBJECT ELECTED
OFFICIAL(S), ESTABLISHING DEFINITIONS, AND LIMITED EXEMPTION; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
First Readinq Office of the City Attorney
Commissioner Joy Malakoff
Addendum added on 61512017
R7 - Resolutions
R7 Q A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA CALLING FOR A SPECIAL ELECTION ON NOVEMBER 7, 2017, FOR THE PURPOSE
OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A BALLOT
QUESTION ASKING WHETHER THE CITY COMMISSION SHALL ADOPT AN ORDINANCE
TERMINATING AT 2:00 A.M. (INSTEAD OF 5:00 A.M.) THE SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES AT ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED ON
OCEAN DRIVE BETWEEN sTH AND 1sTH STREETS, EXEMPTING INDOOR PORTIONS OF
ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT ARE COMPLETELY ENCLOSED AND
LOCATED ENTIRELY WITHIN HOTELS, AND REQUIRING A 6/7TH VOTE OF THE CITY
COMMISSION TO AMEND OR REPEAL THE ORDINANCE.
Office of the City Attorney
Mayor Philip Levine
Addendum added on 61512017
R9 - New Business and Commission Requests
R9 N DISCUSSION REGARDING A NON-BINDING STRAW VOTE ON THE RIGHT OF THE PEOPLE TO
VOTE VIA REFERENDUM ON A STRONG MAYOR FORM OF GOVERNMENT.
Vice-Mayor Kristen Rosen Gonzalez
Addendum added on 61512017
R9 O DISCUSSION REGARDING THE COMMERCIAL / RESIDENTIAL INTERFACE IN THE FLAMINGO
PARK NEIGHBORHOOD, WHERE THE PLANNING DEPARTMENT HAS GRANTED AN
ENTERTAINMENT PERMIT AT 1601 DREXEL AVENUE, A COMMERCIAL BUILDING
SURROUNDED BY 7 RESIDENTIAL BUILDINGS.
Vice-Mayor Kristen Rosen Gonzalez
Addendum added on 61512017
2
Addendum 2, June 7,2017
R10 - Citv Attornev Reports
R1O A CLOSED ATTORNEY-CLIENT SESSION.
pURSUANT TO 5286.011, FLORTDA STATUTES, THE CTTYATTORNEY HEREBYADVISES THE
MAYOR AND CITY COMMISSION THAT HE DESIRES ADVICE CONCERNING THE FOLLOWING
PENDING LITIGATION MATTER:
CITY OF MIAMI BEACH V. HARGREAVES & ASSOCIATES, ET AL. CASE NO. 10.61979 CA 03
CIRCUIT COURT, ,I1TH JUDICIAL CIRCUIT
THEREFORE, A PRIVATE CLOSED ATTORNEY-CLIENT SESSION WILL BE HELD DURING THE
LUNCH RECESS OF THE CITY COMMISSION MEETING ON JUNE 7, 2017, IN THE CITY
MANAGER'S LARGE CONFERENCE ROOM, FOURTH FLOOR, CITY HALL TO DISCUSS
SETTLEMENT NEGOTIATIONS AND/OR STRATEGY RELATED TO LITIGATION EXPENDITURES
WITH REGARD TO THE ABOVE-REFERENCED LITIGATION MATTER.
THE FOLLOWING INDIVIDUALS WILL BE IN ATTENDANCE: MAYOR PHILIP LEVINE; MEMBERS
OF THE CITY COMMISSION; MICKY STEINBERG, JOY MALAKOFF, MICHAEL GRIECO, RICKY
ARRIOLA, KRISTEN ROSEN-GONZALEZ, AND JOHN ELIZABETH ALEMAN; CITY MANAGER
JIMMY L. MORALES, CITY ATTORNEY RAUL J. AGUILA, FIRST ASSISTANT CITY ATTORNEY
STEVEN ROTHSTEIN, MEREDYTH COOPER, ESQUIRE AND MARK HENDRICKS, ESQUIRE.
Office of the City Attorney
Addendum added on 61512017
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Commission Gommittee Assignments - C4 N
MIAAAI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayorand Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 7,2017
SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE
TO DISCUSS THE CONDITION OF THE LOG CABIN STRUCTURE
LOCATED AT 8128 COLLINS AVENUE.
Leoislative Trackino
Property Management
ATTACHMENTS:
Description
o Report on the log cabin
Page 566 of 1588
5
I
May 25,2017
Frank Garcia, Construction Manager
City of Miami Beach
Property Management Department
1833 Bay Road
Miami Beach, Florida 33139
RE: Proposal for Professional AE Services; Evaluation of Existing Log Cabin Structure at North
Beach; City propefi at 8100 Collins Avenue
Dear Mr. Garcia:
Pursuant to City of Miami Beach's (CMB) request, BEA Architects has prepared the following evaluation
report for the existing Log Cabin structure located at a CMB nursery property at 8128 Collins Avenue,
MiamiBeach, Florida.
The intent of this evaluation is to provide CMB with general information regarding the condition the Log
Cabin structure, and possible options for its utilization, within the context of a proposed redevelopment of
the nursery property. This evaluation also provides a general cursory review of probable construction costs
associated with the proposed options. The evaluation is based strictly on observable conditions of the
structure; there is no testing (destructive or non-destructive), nor analysis of the structure.
DESCRIPTION OF THE REFERENGED STRUCTURE:
The Log cabin is a single story wood structure with an interior area of approximately 1,000 SF. The Log
Cabin appears to be constructed in the traditional method of Log Cabin construction, utilizing whole
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wooden logs laid in horizontal fashion, intersecting at the corners with jointed connections; the horizontal
gaps between the logs filled in with a stucco, concrete or grout-type material. The structure includes a
cenkal coral rock chimney; roof construction is wood framed with round rafter wood members; flooring is
wood planking. The building is not sprinklered. Existing windows are covered in plywood. The exterior roof
material is asphalt shingles.
The exterior wood members of the Log Cabin bear evidence of significant deterioration (rot) and possible
termite damage, the building is in a state of disrepair and in overall poor condition. Numerous locations at
the exterior logs where rot has caused deterioration have been filled in and patched with concrete. The
building is reportedly infected with fleas and vermin (this made a follow-up interior visit impossible until
building is fumigated). The building is currently utilized, in part, for storage. The building is not in a state
suitable for public occupancy.
Per drawings provided by the City for adjacent newer concrete structure the Finished Floor Elevation of the
Log Cabin is 8.10' Bay Datum; by comparison, the newer structure has a Finished Floor Elevation of 10.6'
Bay Datum (9.81 NGVD). The existing floor level of the Log Cabin is below Flood Elevation for its location;
its proximity to the Atlantic Ocean places this structure under High Velocity wind requirements (unlikely to
be met by this structure).
Per information provided by the City, the Log Cabin has NO historical designation, nor to BEA's knowledge
any potential for such designation. Many aspects of this Log Cabin structure appear to be non-compliant
with cunent building codes.
It should be noted that the interior configuration of this building (low ceilings, small spaces, poor natural
light, poor ambient control) does not lend itself for use as a public gallery or exhibit space. BEA
understands that the cunent building location is in conflict with the planned redevelopment of the site.
Refer to attached photographs for additional graphic information of existing conditions.
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POSSIBLE UTILIZATION OPTIONS PROPOSED BY CMB:
OPTION A: Conduct a major upgrade of the existing structure to comply with applicable building
codes; make the building suitable for public occupation, including upgrade of bathrooms and full
ADA accessibility. Possible functions may include gallery space, exhibit space, classroom space.
OPTION B: Physically raise the structure from existing foundations (on-grade), and relocate
elsewhere on the nursery property site without any improvements to the building. A future use to
be determined; not for public use.
OPTION C: Maintain existing structure as a non-occupied space (such as a gateway); this will still
require structural upgrades, and possibly removal of significant portions of the existing building.
OPTIONS REVIEWCOMMENTS:
OPT|ON A: Conduct major upgrades of existing structure to comply with current code; given the extent of
deterioration of the existing structure, the unconventional type of construction, and the existing (below flood
level) floor elevation it is reasonable to state that making this skucture code compliant is synonymous with
construction of a new replacement structure of similar size and configuration utilizing conventional
contemporary building methods and typology. Thus, BEA recommends demolition and removal of the
existing Log Cabin structure, and construction of a similar replacement structure.
OPTION A- CONSTRUCTION BUDGET INFORMATION:
Demolition/Removal Allowance:
New Construction of 1,000 SF single story building at $200/SF:
Al lowance for exterior Architectu ral en hancements :
Allowance for exterior Site Work:
Allowance for interior build-out:
$ 15,000.00
$ 200,000.00
$ 75,000.00
$ 50,000.00
s 50.000.00
SUBTOTAL:$ 390,000.00
Continqencv/Fees (25%): $ 97.500.00
TOTAL REPLACEMENT BUDGET:$ 487,500.00
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OPT|ON B: Relocation of the existing Log Cabin to another location on the nursery site; BEA considers this
option to be highly unlikely to be satisfactorily achieved. The existing condition of the building and the type
of construction (Log Cabin), makes this structure very difficult to physically lift and move without damage or
possible collapse. Another strategy for relocation may be to disassemble and reassemble the structure
piece by piece; this will likely require replacement of many deteriorated pieces and extensive reconstruction
of the structure.
BEA does not recommend relocation/disassembly/reassembly of this structure as the City would be left with
a still unsatisfactory, impractical, non-code compliant structure at a different location on site, still requiring
extensive improvements or replacement. This will be a continued liability to the City.
OPTION B - CONSTRUCTION BUDGET INFORMATION:
BEA cannot assign a Budget or Allowance to this option
OPT|ON C: Maintain existing structure as a non-occupied space (such as a gateway); BEA considers this
structure - regardless of its occupancy status - will need to comply with numerous code requirements
(including structural High velocity wind requirements) if it is to remain on site as part of the new
planninglredevelopment of the nursery site; this will entail significant work, probably
reconstruction/replacement with new constru ction.
OPTION C _ CONSTRUCTION BUDGET INFORMATION:
BEA proposes an ALLOWANCE of $150,000.00 for construction of a new (non-occupied) gateway
structure.
NOTE: Construction of a new gateway or entry feature on site (regardless of a resemblance to the existing
Log Cabin) has the added value of enhancing the site for the new redevelopment; such a feature can
become an icon/marker/branding element in establishing this new destination outdoor space on north
Collins Avenue.
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CONCLUSIONS/RECOMMENDATIONS:
architects
Whereas BEA can understand certain interest in maintaining this Log Cabin, it is important to recognize the
deteriorated state and possibly obsolete nature of the structure, including the overarching fact this skucture
has no historical designation. Short of replacing this structure with new construction, including raisin its
floor above Flood Elevation, this structure cannot reasonably be maintained on the site.
It is possible to replace the Log Cabin with a similar sized and scaled building; this may or may not be
designed to recall the Log Cabin construction (at least visually). This may require a considerable
expenditure; such a building may also not be necessary or conducive to the new redevelopment program
intended for the site. lt is also important to note that the adjacent concrete building located immediately
north of the Log Cabin, is an excellent candidate for renovation/adaptation to support the new
redevelopment program; this building has none of the structural or floor elevation issues afflicting the Log
Cabin. BEA considers this building is a better focus of the City's funding for redeveloping and repurposing
the nursery site.
Lastly, as an altemative to attempting to salvage the Log Cabin as a gateway or entry way, there is an
opportunity to create a new gateway feature (with new construction)to identify as an icon the new
redevelopmenUdestination on Collins Avenue; this is also a better focus of the City's funding.
BEA Architects appreciative of this opportunity to assist the City in evaluation of this existing building.
Please let us know if we can provide additional information.
Sincerely,
BEA architects, lnc.
Bruno E. Ramos, AlA, GC, NCARB, LEED AP
Principal-ln-Charge
BTA
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Commission Committee Assignments - C4 O
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: CommissionerRickyArriola
DATE: June 7,2417
SUBJECT: REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE,
TO DISCUSS FUNDING FOR THE NORTH BEACH BANDSHELL CANOPY
ANALYSIS
Please add this refenal item to June 7, 2017 City Commission agenda.
Legislative Tracking
Commissioner Ricky Aniola
Page 581 of 1611
19
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Agendartem RtrAJ
Date 6-1-11
MIAMIBEACH
OFFICE OF THE CIry ATTORNEY
RAULJ. AGUILA, CIry ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
RAUL T. o",=R-_Q_ Or.( -CITY ATTORNEY
JUNE 7,2017
INCRE,ASING STRINGENCY OF CITY OF MIAMI BEACH ETHICS
LAWS BY AMENDING CITY CODE CHAPTER 2, ARTICLE VII
"STANDARDS OF CONDUCT", DIVISION 5 ENTITLED "CAMPAIGN
FINANCE REFORM," BY ADDING THERETO SECTION 2-49I
ENTITLED "PROHIBITED LOBBYING BY CAMPAIGN
CONSULTANTS," PROHIBITING CAMPAIGN CONSULTANTS AND
CERTAIN AFFILIATED PERSONS OR ENTITIES FROM LOBBYING
CITY COMMISSION FOR 12 MONTHS SUBSEQUENT TO SWEARINGIN OF SUBJECT ELECTED OFFICIAL(S), ESTABLISHING
DEFINITIONS, AND LIMITED EXEMPTION; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
On July 13,2016, the City Commission adopted Ordinance No. 2016-4024, which amended the
City's Lobbyists laws to require lobbyists who, within the past election cycle, provided an
incumbent member of the City Commission, with campaign consulting services to: 1) disclose
such particular services on his/their lobbyist registration form; and2), orally disclose the specified
campaign consulting services before lobbying the City Commission at a public hearing.
Pursuant to the request of Commissioner Joy Malakoff, the attached Ordinance has been drafted
for the purpose of amending the City's Campaign Finance laws, so as to include therein a City law
prohibiting campaign consultants from lobbying the City Commission for a stated period of time.
This amendment to the City's ethics laws serves to augment the City's intent of good government,
and will once more place the City of Miami Beach at the forefront of local ethics legislation. The
attached Ordinance is thus ready for City Commission review and deliberation.
21
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH
CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 5 ENTITLED
"CAMPAIGN FINANCE REFORM,' BY ADDING THERETO SECTION
2-49I ENTITLED (PROHIBITED LOBBYING BY CAMPAIGN
CONSULTANTS," PROHIBITING CAMPAIGN CONSULTANTS AND
CERTAIN AFFILIATED PERSONS OR ENTITIES FROM LOBBYING
CITY COMMISSION FOR 12 MONTHS SUBSEQUENT TO SWEARING
IN OF SUBJECT ELECTED OFFICIAL(S), ESTABLISHING
DEFINITIONS, AND LIMITED EXEMPTION; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach has a paramount interest in preventing comrption
or the appearance of corruption which could result in the erosion of public confidence; and
WHEREAS, comrption and the appearance of comrption in the form of campaign
consultants exploiting their influence with City elected officials on behalf of private interests
may erode public confidence in the fairness and impartiality of City governmental decisions; and
WHEREAS, permitting a political consultant to lobby the City Commission for a certain
period of time immediately following the swearing in of that consultant's former
client(s)/Commission member(s) increases the likelihood of comrption or the appearance of
comrption in the form of quid pro quo sale of official action; and
WHEREAS, prohibitions on campaign consultants lobbying former clients/members of
the City Commission will protect public confidence in the electoral and governmental processes.
It is thus the purpose and intent of the Miami Beach City Commission in enacting this Ordinance
to prohibit campaign consultants from exploiting or appearing to exploit their influence with City
elected officials on behalf of private interests.
NOW, THEREF'ORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2, Article VII, Division 5 entitled
"Campaign Finance Reform," is hereby amended by adding the following City Code section2-
491 entitled "Prohibited Lobbying by Campaign Consultants" to read as follows:
22
Sec. 2-491. Prohibited Lobbying by Campaign Consultants.
A. Prohibition.
No campaign consultant shall lobby the City Commission for a period of 12 months
following the swearing in of any elected official(s) for whom the campaign consultant provided
campaign consulting services within the past election cycle.
B. Definitions.
(a) "Campaign consultant" means any person or entity that receives or is promised
economic consideration in exchange for campaign consulting services to a candidate for elected
office in the City of Miami Beach.
(1) "Campaign consultant" shall include any individual who has an ownership interest
of l0%o or greater in the campaign consultant, and any employee of the campaign consultant,
except as otherwise excepted below.
(2) "Campaign consultant" shall not include:
i) any vendor for a campaign whose primary responsibility is to supply
goods or services for a campaign.
ii) an employee of a campaign consultant whose sole duties are primarily
clerical; or
iii) an employee of a campaign consultant who did not personally provide
campaign consulting services.
(b) "Campaign consulting seryices" means primary responsibility for campaign
management or campaign strategy.
(c) "Campaign management" means conducting, coordinating or supervising a campaign
to elect a candidate.
(d) "Campaign strategy" means formulation of plans for the election of a candidate.
(e) "Candidate" shall have the meaning ascribed to such term in Florida Statutes, section
97.021(5), as amended and supplemented.
(f) "Economic consideration" means any payments, fees, commissions, gifts, or anything
else of value received directly or indirectly as consideration for campaign consulting services.
The term "economic consideration" does not include reimbursements for out of pocket expenses.
(g) "Past election cycle" means the subject immediately preceding City of Miami Beach
General Election/Special Election held for the purpose of electing a member of the City
Commission.
(h) "Lobby" for purposes of this Code Section shall mean the act of seeking to encourage
the passage, defeat or modification of any ordinance, resolution, action or decision of any
member of the City Commission.
C. Limited Exemption.
A campaign consultant who has within the past election cycle provided campaign
consulting services to an incumbent member of the City Commission, and has entered into a
lobbying contract prior to the effective date of the ordinance creating this code section (the term
of which lobbying contract includes the subject proscribed 12 month period established in
Subsection A above and the scope of which lobbying contract involves lobbying members of the
City Commission), is exempt from the proscription herein with limited regard to that subject
lobbying contract.
23
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the
PASSED and ADOPTED this
ATTEST:
day of ,2017 .
day of .2017 .
Philip Levine
Mayor
Rafael E. Granado
City Clerk
Requested by Commissioner Joy Malakoff
&FOR D(EqwoN'w*rH,
APPROVED AS ft'
FORM & I-ANGUAGE
GlVAtornoY
l\atto\agur\comm meetings\06-07- I 7\ord cmb code 249 1 jo 6.2. I 7.docx
24
Resolutions - R7 Q
AAIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayorand Members of the City Commission
FROM: Raul J. Aguila, CityAttorney
DATE: June 7,2A17
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLOR]DA CALLING FOR A SPECIAL ELECTION ON
NOVEMBER 7, 2017, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A BALLOT
QUESTION ASKING WHETHER THE CITY COMMISSION SHALL ADOPT
AN ORDINANCE TERMINATING AT 2:00 A.M. (INSTEAD OF 5:00 A.M.) THE
SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES ATALCOHOLIC
BEVERAGE ESTABLISHMENTS LOCATED ON OCEAN DRIVE BETWEEN
sTH AND 15TH STREETS, EXEMPTING INDOOR PORTIONS OF
ALCOHOLIC BEVERAGE ESTABLISHMENTS THAT ARE COMPLETELY
ENCLOSED AND LOCATED ENTIRELY WITHIN HOTELS, AND
REQUIRING A 6i7TH VOTE OF THE CITY COMMISSION TO AMEND OR
REPEAL THE ORDI NANCE.
ANALYSIS
Pursuant to the request of Mayor Philip Levine, the above-referenced Resolution has been
placed on the June 7, 2017 City Commission meeting agenda.
Legislative Tracking
Office of the CityAttorney
Sponsor
Mayor Philip Levine
ATTAGHMENTS:
Description
a 2AM Ocean Drive Ballot Question RESO (Levine)
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RESOLUTION NO.
A RESOLUTIOH OF THE i'IAYOR AND CITY
GOMMHSIOT.T OF THE CITY OF MIAMI BEAGH, FLORIDA
CALLING FOR A SPECIA.L ELECTIOH ON NOVEMBER 7,
2A17, FOR
'HE
PURPOSE OF SUBMI]TING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA
A BALLOT QUESTION ASKING WHETHER THE CITY
COMMISSION SHALL ADOPT AN OROIiIANCE
TERII|NAT|NG AT 1:00 A.M. (INSTEAD OF 5:0{l A.M.}
THE SALE AND CONSUMPTION OF ALGOHOLIG
BEVERAGES AT ALCOHOLIC BEVERAGE
ESTABLISHIIIENTS LOCATED ON OCEAN DRIVE
BETWEEN 5TH AND {sTH STREETS, EXEMPTING
INDOOR PORTIONS OF ALCOHOLIC BEVERAGE
ESTABLISHIIiENTS THAT ARE COMPLETELY
ENCLOSED AND LOCATED ENTIRELY WITHIN HOTELS,
AND REQUIRING A 6'7THS VOTE OF THE CITY
COMMISSION TO AIITEND OR REPEAL THE
ORDINANCE.
NOW, THTREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
sEcTloN 11
ln accordanse with provisions of the Gharter of the City of Miami Beach, Florida
and the general laws of ths State of Florida, a Special Election is hereby called and
directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7;00 p.m" on
Tuesday, November 7,2A17, for the purpose of submitting to the electorate the
advisory, nonbinding straw batlot question as set forth hereinafier.
sEcTloN 2.
That the appropriate and proper Miami-Dade County election officials shall
conduct the said Special Election hereby called, with acceptance of the certification of
the results of said Special Election to be performed by the City Commission. The
official returns f*r each precinct shall be turnished to the City Clerk of the City of Miami
Beach as soon as the ballots from all precincts have been tabulated.
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$ECTTON 3.
That the said voting precincts in the City of Miami Beach of said $pecial Election
shall be as established by the proper and appropriate Miami-Dade County Election
Officials. All electors shall vote at the polling places and the voting precincts as
deterrnined by the Miami-Dade County Election Officials as set forth in the attached
Exhibit "A".1
sEcTrgN 4.
Not less than thirty days notice of the adoption of this Resolution and of its
provisions calling this Special Election shall be given by publication in the Miami Herald,
a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with the provisions cf Section 100.342, Florida
Statutes, and Section 3$3 of the Code of the City of Miami Beach.
sEcnsN-s.
The Notice of Election ("Notice") shall be substantially in the following form:
THE CITY OF MIAMI BEACH, TLORIDA
NOTICE OF SPECIAL ELECTION
NOT:CE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMIS$ION OF THE CITY OF
MIAMI BEACH, FLORISA, AND WLL BE HELD IN SAID CITY FROM
7:00 A.M. UNTIL 7:00 P.M. ON THE 7th DAY OF NOVEMBER, 2017, AT
WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWNG BALLOT QUESTION:
1 As of date, the City of Miami Baach has not rcceived from Miarni-Dade Coung Eleclions D€partm€nt ihe final list of
polling ptaces for the Cilfs November 7, 2017 Special Electicn. Accordingly, attached to this Resolution is a liel of
polling places from the Ci$s November 2016 General Election, which upon receipt fiom the County, will be
superseded by the Department of Eleclions' lisl of polling places fer the Sitfs subjec{ November 7,2017 Special
Election, whieh list of polling places for the Cihy's Novernber 7,20"17 Special Elaction will be publicly noticed by the
City.
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Ordinance termi{ratinq tlre sale and csnsumption,
of alcpholic,bevqlg-qes on Ocean Drive at 2:00 a.m
Shall the City Cornmission adopt an Ordinance terminating at 2:00 a.m. (instead
of 5:00 a.m.) the sale and consumption of alcoholic beverages at alcoholic
beverage estahlishments located on Ocean Drive between Sth and l5th $traets,
exempting indoor portions of alcoholic beverage establishmenb that are
completely enclosed and located entirely within hotels, and requiring a 6ffths
vote of the City Commission to amend or repeal the Ordinancs?
YES
NO
Said Notice shall further set forth the several polling places in the election
precincts as established in accordance with Section 3 hereof, and shall further set forth
pertinent information regarding eligibility of electors to participate in said election.
sEcTtoN 6.
That the officiat ballot to be used in the Special Election to be held on November
7,2A17, hereby called, shall be in substantially the following form:
OFFICIAL BALLOT
Ofd i na nce tgrm inatino tft e salE an d,cq{rs umption
of alcoholic beverases on Oceq.n Drive qt 2:00 a.rn
thall the City Commission adopt an Ordinance terminating at 2:00 a.m, (instead
of 5:00 a.r-n.) the sale and consumption of alcoholic beverages at alcoholic
beverage establishments located on Ocean Drive betureen Stfi and {Sth $treets,
exempting indoor portions of alcohslic beverage establishmenb llrat are
completely enclosed and located entirely within hotels, and requiring a Sflths
vote of the City Commission to amend or repealthe Ordinancs?
YES
HO
Page 1434 of 161 1
28
gHcTroN 7.
The form of the ballsts to be used in this Special Election and their preparation
shall be in compliance with all statulory requirements relating to the use of mechanical
or other approved voting machines or devices"
$EQnON 8.
Registration of persons desiring to vote in the Special Election shall be in
accordance with the general law of the State of Florida goveming voter registration"
Qualified persons may obtain registration forms to vote at the Office of the City Clerk,
City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139,
during normal business hours, and at such other voter registration centers and during
such times as may be provided by the Supervisor of Elections of Miami-Dade County.
The Miami-Dade County Supervisor of Elections will register voters for this Special
Election until 5:00 p.m. CIn October 10,2017. All persons eligible to vote in this $pecial
Electisn must be registered before the time and date set forth herein or have registered
previously, as provided by law. Each person desiring to become a registered voter shall
be responsible for properly filling out the registration form and retuming it to the Miami-
Dade County Elections Office. All questions concerning voter registration should be
directed to the Miami-Dade County Elections Office, 2700 N.W. BTth Avenue, Doral,
Flcrida 33172; Telephone: (305) 499-VOTE (86S3).
sEqroN e.
That the absentee voters participating in said Special Election shall be entitled to
cast their ballots in accordance with the provisions of the laws of the State of Florida
with respect to absentee voting.
sEsTfoN r0.
That the Cfu of Miami Beach shall pay all expenses for conducting this Special
Election and will pay to Miarni-Dade County or directly to all persons or firms, upon
receipt af invoice or statement approved by the Supervisor of Elections of Miami-Dade
County, Florida.
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SECTION 11.
lf any section, $entence, clause ar phrase of the ballot measure set forth above
in this Resolution is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity of the remaining portions
of said ballot measure,
sEcTloN 12.
This Resolution shallbe effective immediately upon its passage.
FASSED and ADOPTED this day of 2017"
ATTEST:
Philip Levine
Mayor
Rafael E. Granado
City Clerk
(Sponsored by Mayor Philip Levine)
APPNO\GDASTO
FOBM & LANGUAEE
rFoEeaEclrnoilI"r0. [* * rirT
TJK
F:IATTO\KALNIBALLOT QUESTION\Z AM Ocean Drive Sallot Question RESO (Levine).docx
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PROPOSED BALLOT QUE$TION
NOVEMBER 7,2017 SFECIAL ELECTION
I. PROFO$ED BALLOT QUE$TION:
O-rdinance terminatinq the sale and cgnsumntion
of qlcohollc beveraqes on Ocean Drivgjat 2100 a.m
Shall the City Commission adopt an Ordinance terminating at 2:00 a.m. (instead of 5:00 a.m.)
the sale and consumption of alcoholic heverages at alcoholic beverage establishrnents located
on Ocean Drive between 5th and 15th $treets, exempting indoor portions of alcoholic beverage
establishments that are completely enclosed and located entirely within hotels, and requiring a
Effths vote of the City Commission to amend or repealthe Ordinance?
YES
NO
II. PROPOSED LEGISLATION:
CHAPTER 142
ZQHING DISTRTCTS AND REGULANON$
***
ARTICLE II. - DISTRICT REGULATIONS
DrvrsroN {3. - MxE rr,lriro ur* ,*rrRTArNrr;ENT DrsTRrcT
r**
Sec., {42-5E!. Additional resulations for alcoholic hevg.r.ssp eqliblie,hments.
lg) Hours of sa/e. Notwithstandino the regqlations set forth in qF$ign-.6-3, alcoholic
beveraqes shall nat be ofFered for sale or consumotion Fehireen,!he hours oJ 2:00 a,m.
and,8:00 a.m. at alcoholic beveraoe establishr.ng,ltts looated between Ocean Court to the
west. Ocean Drive to the ea$, Sth $treet to the south. and lSth Street to the north,
{b} ExcanfCIfi.S. Notwisstandinq subsection {al. and onlv as apolicable to indoor po*ions of
alcoholic beverase gstablishment$., that are compleiely enclosed and locatpd enlir,ely
within hotels loEl$d,,h-gtween Ocean Court to the west. Ocean Drive to the gast. Sth
Street to thE south. and 15th Street lo theJlgrth, alcohollc beverages shall not be offered
for sale or consqmptio.n between the hours oJ 5:00 a.m. and 8:00 a.rn.
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New Business and Commission Requests - R9 N
MIAAAI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayorand Members of the City Commission
FROM: Vice-Mayor Kristen Rosen Gonzalez
DATE: June 7,2017
SUBJECT: DISCUSSION REGARDING A NON-BINDING STRAW
BALLOT QUEST]ONS ON THE RIGHT OF THE PEOPLE TO VOTE VIA
REFERENDUM ON A STRONG MAYOR FORM OF GOVERNMENT.
ANALYSIS
Please place on the June 7, 2017 Commission Agenda, a discussion item regarding a non-
binding straw ballot question on the right of the people to vote via referendum on a strong mayor
form of government.
Leoislative Trackino
Vice-Mayor Kristen Rosen Gonzalez
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MIAAAI BEACH
TO:
FROM:
DATE:
SUBJECT: DlSCUSSION REGARDING THE COMMERCIAL / RESIDENTIAL
INTERFACE !N THE FLAMINGO PARK NEIGHBORHOOD, WHERE THE
PLANNING DEPARTMENT HAS GRANTED AN ENTERTAINMENT PERMIT
AT 1601 DREXEL AVENUE, A COMMERCIAL BUILDING SURROUNDED BY
7 RESIDENTIAL BUILDI NGS.
ANALYSIS
Please place a discussion item on the June 7, 2017 Commission meeting, regarding the
commercial / residential interface in the Flamingo Park Neighborhood, where the Planning
Department has granted an entertainment permit at 1601 DrexelAvenue, a commercial building
sunounded by 7 residential buildings.
Attached, please see emailfrom Mr. Adam Shedroff.
Legislative Tracking
Vice-Mayor Kristen Rosen Gorzalez
ATTAGHMENTS:
Description
o EmailfromAdamShedroff
New Business and Commission Requests - R9 O
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Vice-Mayor Kristen Rosen Gonzalez
June 7,2017
Page 1532 of 1611
35
Granado, Rafael
From:
Sent:
to:
SubJect:
Kristen Rosen Gonzalez <kristen@rosengonzalez.com>
Monday, June 05, 20L7 3:24 AM
Granado, Rafael
Fwd: Agenda Item for June 07, 2017 Commission
Can you please place this item on the agenda as a discussion item?
Kristen Rosen Gonz.alez' Miami Beach Commissioner
305-96t5-4725
,
Begin forwarded message:
From: adam shedrotr <arns33 I 39@lvahoo.com>
I Date: June 5,2017 at2:20:49 AM EDT
I fo: "kristen@.rosengonzalez.com" (kristen@rosengomt-
Subject: Agenda Item for June 07,2017 Commission
Reply-To : adam shedroff <ams3 3 1 3 9 @yahoo. com>
: Commissioner Rosen-Gotzilez,
Miami Beaoh is watchirig with concern the public disturbances, noise, crime and violence in our
entertainment districts. The recent violent incidents on Ocean Drive have fooused attention on
the proper interface between commercial and residential neighborhoods. This is an issue at this
moment in the Flamingo Park neighborhood, where the Planning Department has granted an
Entertainment Permit at 1601-Drexel Avenue, a commercial building surrounded by 7-residential
buildings.
Per our conversation last week, can you please add the commercial/residential interface as an
item to the June 07,2017 Commission Agenda, with public discussion? If possible, can you
please request a time certain?
Thank you for your help,
Best regards,
Adam Shedroff ams33l39@yahoo.corq 786-267-7720
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Aqenda ftern fl\?ft
Date L-7-17
MIAMIBEACH
City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
/\-/FRoM: Raul J. Aguila, City Attorney CTOU
DATE: June7,2l17 G )
SUBIECT: Closed Attorney-Client Session
Pursuant to $286.01 1, Florida Statutes, the City Attorney hereby advises the Mayor and City
Commission that he desires advice concerning the following pending litigation matter:
Citv of Miami Beach v. Haroreaves & Associates. et al.
Case No. 10-61979 CA 03
Circuit Court, 11th Judicial Circuit
Therefore, a private closed Attorney-Client Session will be held during the lunch recess of
the City Commission meeting on June 7, 2017, in the City Manager's Large Conference
Room, Fourth Floor, City Hall to discuss settlement negotiations and/or strategy related to
litigation expenditures with regard to the above-referenced litigation matter.
The following individuals will be in attendance: Mayor Philip Levine; Members of the City
Commission; Micky Steinberg, Joy Malakoff, Michael Grieco, Ricky Arriola, Kristen Rosen-
Gonzalez, and John Elizabeth Aleman; City Manager Jimmy L. Morales, City Attorney Raul
J. Aguila, First Assistant City Attorney Steven Rothstein, Meredyth Cooper, Esquire and
Mark Hendricks, Esquire
RJA/shr/mmm
f:\atto\$allVniriam\forms\executive session\mcm - exec session commission memo.doc
37
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