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2012-27853 Reso RESOLUTION NO. 2012-27853 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT IN THE AMOUNT OF $15,000.00 FOR CITY LIENS ON PROPERTY OWNED BY MUSEUM WALK APARTMENTS, LLC, LOCATED AT 2315 PINE TREE DRIVE, 2335 PINE TREE DRIVE, 2365 PINE TREE DRIVE, 320 24TH STREET, 2370 FLAMINGO DRIVE, AND 2380 FLAMINGO DRIVE, IN THE ORIGINAL AMOUNT OF $256,918.20, AND FURTHER AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COMPLETE SUCH LIEN RELEASE AND SETTLEMENT. WHEREAS, the properties located at 2315 Pine Tree Drive, 2335 Pine Tree Drive, 2365 Pine Tree Drive, 320 24th Street, 2370 Flamingo Drive, and 2380 Flamingo Drive, Miami Beach, Florida (the "Properties") have accumulated fines, in the amount of$256,918.20; and WHEREAS, the Properties are owned by Museum Walk Apartments, LLC and the individual parcels have been united by way of a Unity of Title recorded on February 22, 2011 in Official Records Book 27596, at Page 4471 of the Public Records in Miami-Dade County, Florida; and WHEREAS, the Properties have outstanding liens for building code violations and code compliance violations in the amount of$256,918.20; and WHEREAS, in review of the history and nature of the violations, the amount of the liens accumulated exceed the appropriate penalty; and WHEREAS, the payment of $256,918.20 would be disproportionate to the nature of the violations; and WHEREAS, in light of these circumstances, the Administration recommends that the City Commission approve a $15,000.00 settlement amount for these Properties as a penalty more in keeping with the nature of the violations. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the settlement in the amount of $15,000.00 for the City liens on property owned by Museum Walk Apartments, LLC, located at 2315 Pine Tree Drive, 2335 Pine Tree Drive, 2365 Pine Tree Drive, 320 24th Street, 2370 Flamingo Drive, and 2380 Flamingo Drive, in the original amount of $256,918.20, and further authorizing the City Manager to take such action and execute any and all necessary documents to complete such lien release and settlement. Marc SED and ADOPTED this �? S� day of Y , , 2012. \ BFq MA R ATTEST: � • -F0 (k"+ CITY CLERK :INCORP ORATED.. APPROVED AS Ti0 C..........��;�a,�,� �FOR fXECJUT Oil H 2� 3 1 tz o �� o COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT IN THE AMOUNT OF $15,000.00 FOR CITY LIENS ON PROPERTY OWNED BY MUSEUM WALK APARTMENTS, LLC, LOCATED AT 2315 PINE TREE DRIVE, 2335 PINE TREE DRIVE, 2365 PINE TREE DRIVE, 320 24TH STREET, 2370 FLAMINGO DRIVE, AND 2380 FLAMINGO DRIVE, IN THE ORIGINAL AMOUNT OF $256,918.20, AND FURTHER AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COMPLETE SUCH LIEN RELEASE AND SETTLEMENT Key Intended Outcome Supported: Increase resident's satisfaction with level of Building Enforcement. Supporting Data: (Surveys, Environmental Scan, etc.): 61% of residents are satisfied with fairness and consistency of enforcement of codes and ordinances. Issue: Shall the Mayor and City Commission approve Resolutions approving this settlement agreement? Item Summa /Recommendation: Museum Walk Apartments, LLC is the owner of the following properties in Miami Beach: 2315 Pine Tree Drive, 2335 Pine Tree Drive, 2335 Pine Tree Drive, 2365 Pine Tree Drive, 320 24th Street, 2370 Flamingo Drive, and 2380 Flamingo Drive. Since 1998 the City of Miami Beach has recorded numerous liens against these properties and all other properties currently owned by Museum Walk. On January 28, 2009, Resolution No. 2009-26990 was signed, which approved the settlement on three properties owned/controlled by Alan Lieberman, including 2315 Pine Tree Drive. The then existing lien on 2315 Pine Tree Drive was in the amount of $229,715.16, and with Commission approval, was settled for $3,000.00. The recommendation of the Commission could not be implemented until all violations had been brought into compliance and were resolved by the Commission at a closed executive session. In light of the prior settlement discussions and the age of the liens, it is recommended that these liens be settled in the amount of $15,000.00, as part of a global settlement. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: Financial Impact Summary: City Clerk's Office Legislative Tracking: Sign-Offs: Department Assistant City Manager City Manager Director J JMG AGENDA ITEM C 7 C n ! V 1 IAMIBEACH DATE 3-21-12 MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City ommission FROM: Jorge M. Gonzalez, City Manager DATE: March 2t, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AN CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT IN THE AMOUNT OF $15,000.00 FOR CITY LIENS ON PROPERTY OWNED BY MUSEUM WALK APARTMENTS, LLC, LOCATED AT 2315 PINE TREE DRIVE, 2335 PINE TREE DRIVE, 2365 PINE TREE DRIVE, 320 24TH STREET, 2370 FLAMINGO DRIVE,AND 2380 FLAMINGO DRIVE, IN THE ORIGINAL AMOUNT OF $256,918.20, AND FURTHER AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COMPLETE SUCH LIEN RELEASE AND SETTLEMENT. ADMINISTRATION RECOMMENDATION Adopt the Resolution as described. ANALYSIS Museum Walk Apartments, LLC ("Museum Walk") is the owner of the following properties: 2315 Pine Tree Drive, 2335 Pine Tree Drive, 2335 Pine Tree Drive, 2365 Pine Tree Drive, 320 24" Street, 2370 Flamingo Drive, and 2380 Flamingo Drive, Miami Beach, Florida, (the "Properties"). The Properties were united by way of a Unity of Title recorded on February 22, 2011 in Official Records Book 27596, at Page 4471 of the Public Records in Miami-Dade County, Florida In its governmental and regulatory capacity, the City of Miami Beach recorded numerous liens, in the public records of Miami-Dade County, Florida. These liens related back to violations dating back to as far as 1998. These liens attach to all real property currently owned by Museum Walk. In 2007, then Assistant City Manager met with Alan Lieberman's designee to discuss settlement of all existing liens on various properties owned by Alan Lieberman, including two properties which are now part of the Museum Walk properties. However, during these discussions, it became apparent that a full settlement could not be reached, since additional violations were found on the Properties. A portion of these liens were resolved and the issue of settlement was brought before the Commission in January, 2009. On January 28, 2009, Resolution No. 2009-26990 was signed, which in relevant part, approved the settlement on three properties owned/controlled by Alan Lieberman, including 2315 Pine Tree Drive. The then existing lien on 2315 Pine Tree Drive was in the amount of$229,715.16, and with Commission approval, was settled for $3,000.00. The subsequent violations that prevented the recommendation to the Commission have been brought into compliance and are the subject of resolution by the Commission at a closed executive session. In light of the prior settlement discussions and the age of the liens, it is recommended that these liens, while significant in total, be settled in the amount of$15,000.00, as part of a global settlement. ADIMINISTRATION RECOMMEDATION Adopt the Resolution authorizing the City Manager to execute any and all documents necessary to complete such lien release and settlement. 2 RESOLUTION NO: 2012-27855 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2010-27513, TO CORRECT A SCRIVENER'S ERROR BY RETROACTIVELY APPROVING THE $20 EVENT PARKING FLAT RATE FOR NON-RESIDENTS AT CERTAIN ATTENDED MUNICIPAL SURFACE LOTS, FOR FY 2011/2012 AND FUTURE YEARS, DURING HIGH IMPACT EVENTS, INCLUDING SPRING BREAK AND MEMORIAL DAY WEEKEND; WITH SAID RATE HAVING BEEN DEEMED TO HAVE COMMENCED AND BECAME EFFECTIVE AS OF OCTOBER 1, 2011, AND TO CONTINUE IN EFFECT IN SUBSEQUENT YEARS, UNTIL OTHERWISE AMENDED. WHEREAS, Section 106-55(1) of the City Code provides that a "flat rate parking rate for non-residents and for residents of the city (photo identification required) may be established during the city's annual budget process, as recommended by the city manager and approved by the city commission, at certain attended municipal garages and surface lots which have been identified by the city manager to be in the best interest of the community's health, safety, and welfare"; and WHEREAS, on September 20, 2010, the City Commission approved Resolution No. 2010-27513, increasing the event flat rate for non-residents (from $18) as follows: $20 from October 1, 2010, through February 28, 2011; $25 from March 1, 2011, through May 31, 2011; $20 from June 1, 2011, through September 30, 2011; and WHEREAS, the resident flat rate of$6.00 for event parking remained the same; and WHEREAS, this rate structure was successful last year as it addressed peak demand periods, including Spring Break and Memorial Day Weekend, which require increased resources to maintain appropriate levels of service; and WHEREAS, the intent of Resolution No. 2010-27513 was to have the periods specified above roll over from year to year, or until such time as a further amendment to the rates is approved; and WHEREAS, the term "through September 30, 2011" should have been omitted from the Resolution, in order for the $20 non-resident event rate, effective as of June 1, 2011, to continue in effect for subsequent years (or until amended). NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND. CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby amend Resolution No. 2010-27513, to correct a scrivener's error by retroactively approving the $20 event parking flat rate for non-residents at certain attended municipal surface lots, for FY 2011/2012 and future years, during high impact events, including Spring Break and Memorial Day Weekend; with said rate having been deemed to have commenced and became effective as of October 1, 2011, and to continue in effect in subsequent years, until otherwise amended. PASSED and ADOPTED this 5�' day of March, 2012. ATTEST: YOR MATTI H RRERA BOW B F,9 0 ROBERT PARCHER, CITY CLERK JMG/JGG/SF/rar INCORP ORATED t:\agenda\2012\3-21-12\pkgeventrate.res.docx ` APPROVED AS TO cN 26M FORM & LANGUAGE &FnR EX UTION 3 13 iZ .. Ci� tto ey a�t I COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission amending Resolution No. 2010-27513, to correct a scrivener's error by retroactively approving the $20 event parking flat rate for non-residents at certain attended Municipal Surface Lots, for FY2011/2012 and future years, during high impact events, including Spring Break and Memorial Day Weekend; with said rate having been deemed to have commenced and became effective as of October 1, 2011, and to continue in effect in subsequent ears, until otherwise amended. Key Intended Outcome Supported: Improve Parking Availability; Maintain Financial Health and Overall Bond Rating. Supporting Data(Surveys, Environmental Scan,etc.): 77.2% of respondents rate the availability of parking across the City as too little. Availability of parking was one of the changes residents identified to Make Miami Beach better to live, work or play. Issue: Whether to approve the Parking Flat Rate. Item Summa /Recommendation: Major events such as Spring Break and Memorial Day Weekend have a large impact on the City by attracting large crowds. These large crowds create nuisances such as noise, litter, illegal parking, etc. which adversely impact our residents' quality of life. By extension, municipal parking facilities are also impacted. There are a number of initiatives and operational enhancements underway by Police, Sanitation; Code Enforcement; and the Parking Department to address the parking, litter, and noise violations. A key initiative that has been successful in the past was the establishment of the referenced flat parking rates for non-residents and residents. The City Code allows the City Manager or his designee the authority to establish a flat parking rate during the City's annual budget process. As per Chapter 106, entitled "Traffic and Vehicles," Article 11, entitled "Metered Parking," Division 1, entitled "Generally," Section 106-55, entitled "Parking Rates, Fees, And Penalties;" Section (1) entitled "Exceptions": (1) Flat Parking Rate. A flat rate parking rate for non-residents and for residents of the city (photo identification required) may be established during the city's annual budget process, as recommended by the city manager and approved by the city commission, at certain attended municipal garages and surface lots which have been identified by the city manager to be in the best interest of the community's health, safety, and welfare. On September 20, 2010, the Mayor and City Commission approved Resolution No. 2010-27513, increasing the event flat rate for non-residents (from $18) as follows: $20 from October 1, 2010, through February 28, 2011; $25 from March 1, 2011, through May 31, 2011; $20 from June 1, 2011, through September 30, 2011; the resident flat rate of $6.00 for event parking remained the same. This rate structure was successful last year as it addressed peak demand periods, including Spring Break and Memorial Day Weekend which require increased resources to maintain appropriate levels of service. However, the intent of Resolution No. 2010-27513 was to have the periods specified above roll over from year to year, or until such time as a further amendment to the rates is approved. In other words, the term "through September 30, 2011" should have been omitted from the Resolution, in order for the $20 non-resident event rate, effective as of June 1, 2011, to continue in effect for subsequent years or until amended). Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Approved Funds: 1 1 2 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Saul Frances, Parking Director Sign-Offs: Department Director A cialstant City NfiVager City Manager T:WGENDA\2012\3-21-12\PkgEventRate.sum.docx AGENDA ITEM 7E /01AMBEACH DATE 3aZ—1 z M1AAA1 BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfi.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: March 21, 2012 a6 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2010-27513, TO CORRECT A SCRIVENER'S ERROR BY RETROACTIVELY APPROVING THE $20 EVENT PARKING FLAT RATE FOR NOW RESIDENTS AT CERTAIN ATTENDED MUNICIPAL SURFACE LOTS, FOR FY 2011/2012 AND FUTURE YEARS, DURING HIGH IMPACT EVENTS, INCLUDING SPRING BREAK AND MEMORIAL DAY WEEKEND; WITH SAID RATE HAVING BEEN DEEMED TO HAVE COMMENCED AND BECAME EFFECTIVE AS OF OCTOBER 1, 2011, AND TO CONTINUE IN EFFECT IN SUBSEQUENT YEARS, UNTIL OTHERWISE AMENDED. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Major events such as Spring Break and Memorial Day Weekend have a large impact on the City by attracting large crowds. These large crowds create nuisances such as noise, litter, illegal parking, etc. which adversely impact our residents' quality of life. By extension, municipal parking facilities are also impacted. There are a number of initiatives and operational enhancements underway by Police, Sanitation; Code Enforcement; and the Parking Department to address the parking, litter, and noise violations. A key initiative that has been successful in the past was the establishment of the referenced flat parking rates for non-residents and residents. The City Code allows the City Manager or his designee the authority to establish a flat parking rate during the City's annual budget process. As per Chapter 106, entitled "Traffic and Vehicles," Article 11, entitled "Metered Parking," Division 1, entitled "Generally," Section 106-55, entitled "Parking Rates, Fees, And Penalties;" Section (1) entitled "Exceptions": (1) Flat Parking Rate. A flat rate parking rate for non-residents and for residents of the city (photo identification required) may be established Commission Memorandum March 21, 2012 Parking Flat Rate Page 2 of 2 during the city's annual budget process, as recommended by the city manager and approved by the city commission, at certain attended municipal garages and surface lots which have been identified by the city manager to be in the best interest of the community's health, safety, and welfare. On September 20, 2010, the Mayor and City Commission approved Resolution No. 2010-27513, increasing the event flat rate for non-residents (from $18)as follows: Non- Resident Rate: $20 from October 1, 2010, through February 28, 2011 $25 from March 1, 2011, through May 31, 2011 $20 from June 1, 2011, through September 30, 2011 Miami Beach Resident Rate $6.00 at all times the facility is attended. This rate structure was successful last year as it addressed peak demand periods, including Spring Break and Memorial Day Weekend, which require increased resources to maintain appropriate levels of service. However, the intent of Resolution No. 2010- 27513 was to have the periods specified above roll over from year to year, or until such time as a further amendment to the rates is approved. In other words, the term "through September 30, 2011" should have been omitted from the Resolution, in order for the $20 non-resident event rate, effective as of June 1, 2011, to continue in effect for subsequent years (or until amended). CONCLUSION The Administration is requesting that the Mayor and City Commission amend Resolution No. 2010-27513, to correct a scrivener's error by retroactively approving the $20 event parking flat rate for non-residents at certain attended municipal surface lots, for FY 2011/2012 and future years, during high impact events, including Spring Break and Memorial Day Weekend; with said rate having been deemed to have commenced and became effective as of October 1, 2011, and to continue in effect in subsequent years, until otherwise amended. JMG/JGG/SF/rar t:\agenda\2012\3-21-12\pkgeventrate.mem.docx