Miami Beach Commission October 27th 2021

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This Agenda has 36 items
     

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Consent Agenda //
Committee Assignments

Consent Agenda //
Resolutions

C7A

A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The Finance And Economic Resiliency Committee, At Its October 22, 2021 Meeting, And Approving And Authorizing The City Manager To Execute An Agreement With Courmed, Inc. For Participation In The Job Creation Incentive Program (the “program”), In An Amount Not To Exceed $60,000 Per Year, For Up To Four (4) Years, Subject To Funding Appropriation And Approval During The City’s Budgetary Process For Each Fiscal Year During The Term Of The Agreement.
Sponsors

Economic Development


Supplemental updated on 10/25/2021 (Memorandum, Agreement, and Resolution)

C7B

A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The Finance And Economic Resiliency Committee, At Its October 22, 2021 Meeting, And Approving And Authorizing The City Manager To Execute An Agreement With Wix.com, Inc. For Participation In The Job Creation Incentive Program (the “program”), In An Amount Not To Exceed $60,000 Per Year, For Up To Three (3) Years, Subject To Funding Appropriation And Approval During The City’s Budgetary Process For Each Fiscal Year During The Term Of The Agreement.
Sponsors

Economic Development


Supplemental updated on 10/25/2021 (Memorandum, Agreement, and Resolution)

C7C

A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Urging The United States Congress And The Florida Legislature To Provide Funding For The Sabrina Cohen Foundation Adaptive Park And Recreation Center Project; Affirming The Full Support Of The Mayor And City Commission Of The City Of Miami Beach For The Project; And Further, Directing The City Administration To Include Funding For The Project As Part Of The City's Federal And State Legislative Priorities. 
Sponsors

Legislative and External Affairs

C7D

A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Extending, On A Month To Month Basis, The Current Towing Permits With The City's Two (2) Towing Permittees, Beach Towing Services, Inc. And Tremont Towing, Inc., Respectively, Which Are Currently Set To Expire On November 28, 2021, For A Period Not To Exceed Three (3) Months, Or Until February 28, 2022.
Sponsors

Parking Department

C7E

A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The City Manager To Execute Amendment No. 10 To The Professional Services Agreement Between The City And Beefree, Llc D/b/a Freebee For The City Of Miami Beach On-demand Transit Service; Said Amendment: (1) Extending Services For The Elderly Through March 31, 2022; And (2) Authorizing The City Manager To Approve Additional Services, As Deemed Necessary By The City Manager, Subject To Funding Availability. 
Sponsors

Transportation

Supplemental updated on 10/26/2021 (Memorandum, Resolution, and Attachments)

C7F

A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The Finance And Economic Resiliency Committee At Its October 22, 2021 Meeting, Approving The Donation Of A Round Of Golf For Four At The Miami Beach Golf Club And The Normandy Shores Golf Club To The Rhythm Foundation’s Gala Supporting The Foundation’s Year-round Cultural Events, Totaling A Combined Maximum Value Of $1,448.00.
Sponsors

Parks and Recreation

Commissioner Mark Samuelian

Addendum added on 10/25/2021 (Approved by Mayor)

Regular Agenda //
Ordinances

R5A

Type of Reading
5:01 p.m. Second Reading Public Hearing
North Beach Bandshell - 7275 Collins Avenue Historic Site Designation An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending The Land Development Regulations Of The Miami Beach City Code, By Amending Chapter 118, Entitled "administration And Review Procedures," Article X, Entitled "historic Preservation," Division 4, Entitled "designation," Section 118-593, Entitled "historic Preservation Designation," At Subsection (e), Entitled "delineation On Zoning Map," By Designating One Or More Buildings At 7275 Collins Avenue As An Historic Site To Be Known As "north Beach Bandshell," As More Particularly Described In This Ordinance; Providing That The City's Zoning Map Shall Be Amended To Include North Beach Bandshell, 7275 Collins Avenue As An Historic Site; Adopting The Designation Report Attached Hereto As Appendix "a"; Providing For Inclusion In The Land Development Regulations Of The City Code; And Providing For Codification, Repealer, Severability, And An Effective Date.
Sponsors

Planning Department

Commissioner Michael Gongora

R5B

Type of Reading
5:02 p.m. Second Reading Public Hearing
New Overlay - Medical Cannabis Treatment Centers And Pharmacy Stores An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending The Code Of The City Of Miami Beach, Subpart B, Entitled "land Development Regulations," By Amending Chapter 142 Of The City Code Entitled "zoning Districts And Regulations," Article V, Entitled "specialized Use Regulations," Division 10, Entitled "controlled Substances Regulations And Use," By Amending Section 142-1502, Entitled "zoning Districts Allowing Medical Cannabis Treatment Centers, Pharmacy Stores, And Related Uses, Prohibited Locations, And Nonconforming Uses," To Create A New Area Where Such Uses May Be Permitted, Provided That The Proposed Use Meets Certain Eligibility Criteria; And Providing For Codification, Repealer, Severability, And An Effective Date.  
Sponsors

Planning Department

Commissioner Michael Gongora

R5C

Type of Reading
5:03 p.m. Second Reading Public Hearing
Chapter 106 - Space Removal Fees For Affordable Housing An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, Entitled "traffic And Vehicles," By Amending Article Ii, Entitled "metered Parking," By Amending Division 1, Entitled "generally," By Amending Section 106-55, Entitled "parking Rates, Fees, And Penalties; Exceptions," To Amend The Fee For The Permanent Removal Of On-street Parking Spaces When Such Removal Is Associated With Affordable Housing Development; And Providing For Codification, Repealer, Severability, And An Effective Date.
Sponsors

Planning Department

Commissioner Michael Gongora

R5D

Type of Reading
5:07 p.m. Second Reading Public Hearing
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 46 Of The Code Of The City Of Miami Beach, Florida, Entitled “environment,” By Amending Article Iv, Entitled “noise,” By Amending Section 46-158 Thereof, Entitled “enforcement By Code Inspectors; Notice Of Violation; Warnings; Responsibility To Provide Current Address,” By Establishing An Additional Exception To The Requirement That A Written Warning Be Provided Prior To The Issuance Of A Notice Of Violation; And By Amending Section 46-159 Thereof, Entitled “fines And Penalties For Violation; Appeals; Alternate Means Of Enforcement,” By Increasing Those Civil Fines To Be Imposed For Violations Of Chapter 46, Article Iv; And Providing For Repealer, Severability, Codification, And An Effective Date.
Sponsors

City Attorney

Commissioner Mark Samuelian

Commissioner Steven Meiner

R5E

Type of Reading
First Reading
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled “public Property,” By Amending Article Vi, Entitled “naming Of Public Facilities And Establishment Of Monuments Or Memorials,” By Amending Section 82-503 Thereof, Entitled “naming Of Public Facilities; Co-naming And Re-naming Of Streets,” By Amending Subsections (c)(1)(a) And (c)(2)(a) To Provide Additional Criteria And Procedures For The Co-naming Of Streets In Honor Of A Deceased Cuban-american Artist Who Made Vast Contributions To Latin Music History And Culture; Providing Sunset Provisions Thereof; And Providing For Repealer, Severability, Codification, And An Effective Date.
Sponsors

City Attorney

Mayor Dan Gelber

Commissioner David Richardson

Commissioner Michael Gongora

R5F

Type of Reading
First Reading
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 62 Of The Code Of The City Of Miami Beach, Entitled, “human Relations,” By Amending Article Ii, Entitled “discrimination,” By Amending Divisions 1-4, Entitled “generally,” By Amending Sections 62-31, Entitled “definitions;” 62-33, Entitled “purpose; Declaration Of Policy;” 62-37, Entitled “duties And Powers;” 62-88.1 Entitled “discrimination In Public Services;” 62-90, Entitled “municipal Facilities;” 62-91, Entitled “use Of Municipal Funds;” 62-112 Entitled “housing” To Amend To Protected Classes Within The Ordinance To Prohibit Discrimination Based On A Person's Hair Texture Or Hairstyle If That Style Or Texture Is Commonly Associated With A Particular Race Or National Origin; And Providing For Repealer, Severability, Codification, And An Effective Date.
Sponsors

City Attorney

Commissioner Michael Gongora

Regular Agenda //
Resolutions

R7A

Type of Reading
5:04 p.m. Public Hearing
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving, On Second And Final Reading Of This Resolution And Following A Duly Noticed Public Hearing, The Granting Of Waivers Of Certain Development Regulations, By A 5/7th Vote Of The City Commission, Pursuant To City Code Section 142-425(d), Of The City’s Land Development Regulations (ldr), For The Future Fire Station 1 Located At 833 6 Street, In The Flamingo Park Neighborhood; Said Waivers Regarding Ldr Sections 142-155(a)(3)e, Pertaining To The Lot Coverage Requirements; 142-155(a)(3)f, Pertaining To Ground Floor Requirements; 142-155(a)(4)l, Pertaining To The Maximum Width Of The Curb Cut; 142-155(a)(4)i, Pertaining To The Maximum Floor To Floor Height; 142-155(a)(3)a,1, Pertaining To The Minimum Elevation Of The Yard; 142-156(a), Pertaining To Side, Interior Setback Requirements; 133-61, Pertaining To The Requirements Of The Short Frontage Standards; 133-62, Pertaining To The Requirements Of The Long Frontage Standards; 126-10(a)(b), Pertaining To Requirements For A Buffer Between Dissimilar Uses; And, 126-11(a)(b)(h), Pertaining To Requirements For Landscape Areas In Permanent Parking Lots; In Order To Construct The New Fire Station 1.
Sponsors

Capital Improvement Projects

R7B

Type of Reading
5:05 p.m. Second Reading Public Hearing
Type of Reading
First Reading on October 13, 2021 - R7 C
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving, Following Second Reading/public Hearing, A Lease Agreement (“lease”), As Authorized Under Section 82-37 Of The City Code And Section 1.03(b)(4) Of The City Charter, Between The City Of Miami Beach (“city”) And Miami New Drama, Inc., A Florida Not-for-profit Corporation (“lessee”), Of A Portion Of The City-owned Collins Park Garage Located At 340 23rd Street (the “property”), For The Development And Operation Of The Collins Park Cultural Arts Facility, Which Lease Shall Include The Following Uses: (1) A Theater For Production Of Live Theatrical Performances And Uses Ancillary Thereto; (2) Administrative And Business Functions And Rehearsal, Costume, And Set Design Facilities For Performances; And (3) A Restaurant CafÉ Pursuant To A Sublease To A Third-party Operator (collectively, The “project”); Further, Waiving, By 5/7th Vote The Competitive Bidding And Appraisal Requirements Of Section 82-39 Of The City Code, Finding The Public Interest To Be Served By Waiving Such Requirements; Providing For An Initial Term Of Five (5) Years, With Up To Three (3) Renewal Terms For A Period Of Five (5) Years Each; Further, Providing That The Lease Is Subject To And Contingent Upon An Appropriation Of Funds By The City Commission, At Its Sole Discretion, In The Amount Of $4,750,000 On Or Before October 1, 2024; Further, Authorizing An Amendment To The Management Agreement Between The City And Miami New Drama, Inc. For The Colony Theatre (“management Agreement”), To Extend The Term Of The Management Agreement For A Period To Run Coterminous With The Term Of The Lease And Further, Authorizing The Mayor And City Clerk To Execute The Final Negotiated Agreements.
Sponsors

Economic Development


R7C

Type of Reading
5:06 p.m. Public Hearing
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The Neighborhood And Quality Of Life Committee And, Pursuant To Section 82-503 Of The City Code, Approving, By 5/7th Vote, Following A Duly Noticed Public Hearing, The Naming Of The North Shore Baseball Fields, Which Are Located Within North Shore Park And Youth Center, As The "manny Lafont Baseball Fields," In Memory Of Manny Lafont, A Victim Of The Surfside Champlain Towers Building Collapse. 
Sponsors

Parks and Recreation

Commissioner Michael Gongora

R7D

A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting Raul J. Aguila’s Notice Of Early Retirement As City Attorney, And Approving An Amendment To Mr. Aguila’s Employment Agreement To Provide For The City To Engage Mr. Aguila As Special Counsel To The City, Commencing As Of October 13, 2021 Through The Remainder Of His Contract Term, Expiring On March 31, 2022.
Sponsors

City Attorney

R7E

A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute An Employment Agreement Between The City Of Miami Beach And City Attorney Rafael A. Paz, To Provide For The Terms And Conditions Of The City Attorney’s Employment, For A Term Of Up To Four (4) Years, Commencing As Of October 13, 2021, And Expiring On October 12, 2025, Unless Terminated Earlier By Either Party In Accordance With The Terms Of The Agreement.
Sponsors

Human Resources

Supplemental updated on 10/25/2021 (Memorandum, Resolution, and Agreement)

Regular Agenda //
New Business & Reports

PA1

Type of Reading
Deferred from October 13, 2021 - PA 2
Certificates Of Recognition To Be Presented To The Hispanic Affairs Committee For The Simon Bolivar And Las Americas Day.
Sponsors

Commissioner Mark Samuelian

Commissioner Michael Gongora

PA3

Proclamation Recognizing November 1, 2021, As "extra Mile Day," A Day To Recognize People And Organizations Who Are Creating Positive Change In The Community Through Volunteerism And Service, Including City Of Miami Beach Staff.
Sponsors

Mayor Dan Gelber

PA4

Presentation Of An Award To Artist, Miami Beach Resident, And Arts And Culture Visionary Michele Oka Doner, Designating Her As Guardian Of The Tree, In Recognition Of Her Activism And Advocacy For The Banyan Tree Located In Bayshore Park, Which Is One Of The Largest In The Southeastern United States.
Sponsors

Mayor Dan Gelber

PA6

Certificates Of Recognition To Be Presented To The Team Members And Top Participatory Businesses In The Miami Beach "race To Trace" Program, Funded By A Rockefeller Foundation Grant, Which Provided Free Covid-19 Safety Services Such As Contact Tracing And Vaccination On Location  for The City's Hospitality And Tourism Industry
Sponsors

Mayor Dan Gelber

PA7

Proclamation Of The City Of Miami Beach City Commission Proclaiming November 28, 2021 As Josephine Baker Day In The City Of Miami Beach, As Recommended By The City Of Miami Beach Black Affairs Advisory Committee. 
Sponsors

Mayor Dan Gelber

PA9

Proclamation Presented To Farm Share Ceo Stephen R. Shelley Proclaiming October 27, 2021 As Farm Share Day.
Sponsors

Commissioner David Richardson

ITEM DEFERRED

PA11

Certificates Of Recognition To Be Presented To Miami Beach Police Department Officers Peter Carballo, Daniella Moreno, And Edward Delgado To Thank And Recognize Them For Their Incredible Efforts On October 3, 2021 To Save A Man Attempting Death By Suicide In The Ocean.
Sponsors

Mayor Dan Gelber