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