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2015-28899 Reso RESOLUTION NO. 2015-28899 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF-THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE MAYOR'S BLUE RIBBON COMMITTEE ON FLOODING AND DIRECTING THE CITY MANAGER TO ISSUE TEMPORARY PERMITS, AS REQUIRED, IN ACCORDANCE WITH CITY CODE SECTION 46-156, FOR FLOODING MITIGATION PROJECTS THROUGHOUT THE CITY BEING CARRIED OUT PURSUANT TO A VALID BUILDING PERMIT; SUCH PERMITS TO: 1) PERMIT CONSTRUCTION ACTIVITIES TO OCCUR EARLIER AND OR LATER THAN AS OTHERWISE PROVIDED IN SECTION 46-156; AND 2)AS A RESULT OF SUCH CONSTRUCTION ACTIVITIES,TO ALLOW NOISE WHICH WOULD OTHERWISE BE PROHIBITED UNDER THE CITY'S NOISE ORDINANCE; AND PROVIDED FURTHER THAT THE CITY MANAGER SHALL,IN ISSUING SUCH TEMPORARY PERMITS, PRESCRIBE SUCH CONDITIONS, AS HE REASONABLY DEEMS NECESSARY,TO MINIMIZE ANY ADVERSE EFFECTS UPON THE COMMUNITY. WHEREAS, in order to complete flooding mitigation projects as quickly as possible, while minimizing construction disruptions,the Mayor's Blue Ribbon Committee on Flooding and Sea Level Rise passed a motion at its December 2, 2014 meeting that the City Manager be granted authority to waive work hour restrictions, noise restrictions, and work day restrictions with respect to each project; and WHEREAS,this waiver will allow City contractors on flooding mitigation projects to schedule work around the clock (including weekends) and effectively complete construction work within a shorter project schedule; and WHEREAS, pursuant to Section 46-156 of the City Code,the City Manager has the authority to issue temporary permits to allow noise when produced by a temporary use or activity, including construction activities undertaken pursuant to a valid building permit; and WHEREAS, Section 46-156 also provides that the City Manager may authorize any necessary construction activities to occur earlier and/or later than the hours of construction provided in Section 46-156 based upon a finding that: 1. There are no reasonable alternatives; and 2. There are no prior code violation adjudications or fines and no pending construction noise violation cases against the property owner, contractor, or the construction site; and 3. There is a significant community need, public purpose or benefit; and WHEREAS, based upon the Blue Ribbon Committee's recommendation,and the findings set forth in this Resolution, the City Manager requests that the City Commission direct him to issue any and all temporary permits (including direction to automatically renew such permits), as required, pursuant to the authority vested unto him under Code Section 46-156, for flooding mitigation projects throughout the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,that the Mayor and City Commission hereby accept the recommendation of the Mayor's Blue Ribbon Committee on flooding and direct the City Manager to issue temporary permits, as required, in accordance with City Code Section 46-156, for flooding mitigation projects throughout the City being carried our pursuant to a valid building permit to; such permits to 1) permit construction activities to occur earlier and/or later than as otherwise provided in Section 46-156; and 2) as a result of such construction activities, to allow noise which would otherwise be prohibited under the City's Noise Ordinance; and provided further that the City Manager shall, in issuing such temporary permits, prescribe such conditions, as he reasonably deems necessary, to minimize any adverse effects upon the community. PASSED AND ADOPTED this /9 day of -34140 r . 2015. ATTEST: {,r. ' N� \'Philip Le R..fael Granad'•, City C l rlc Z �=�'� - y" �, j� ``� , V , s / / City Attorney ` '©ate : • to T:\AGENDA\2015\January\PUBLIC WORKS\Noise Restriction.Reso.doc APPROVED AS TO FORM&LANGUA3 GE F E ELUTION 0^-k 1° �-' 5 City Attorney Dote COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The Mayor's Blue Ribbon Committee On Flooding And Directing The City Manager To Issue Temporary Permits, As Required, In Accordance With City Code Section 46-156, For Flooding Mitigation Projects Throughout The City Being Carried Out Pursuant To A Valid Building Permit; Such Permits To: 1) Permit Construction Activities To Occur Earlier And Or Later Than As Otherwise Provided In Section 46-156; And 2) As A Result Of Such Construction Activities, To Allow Noise Which Would Otherwise Be Prohibited Under The City's Noise Ordinance;And Provided Further That The City Manager Shall, In Issuing Such Temporary Permits, Prescribe Such Conditions, As He Reasonably Deems Necessary, To Minimize Any Adverse Effects Upon The Community. Key Intended Outcome Supported: Item Summary/Recommendation: In order to complete flooding mitigation projects as quickly as possible, while minimizing construction disruptions, the Mayor's Blue Ribbon Committee on Flooding and Sea Level Rise passed a motion at its December 2, 2014 meeting that the City Manager be granted authority to waive work hour restrictions, noise restrictions, and work day restrictions with respect to each project. This waiver will allow City contractors on flooding mitigation projects to schedule work around the clock (including weekends) and effectively complete construction work within a shorter project schedule. Pursuant to Section 46-156 of the City Code,the City Manager has the authority to issue temporary permits to allow noise when produced by a temporary use or activity, including construction activities undertaken pursuant to a valid building permit. Section 46-156 also allows the City Manager to authorize any necessary construction activities to occur earlier and/or later than the hours of construction provided in Section 46-156 based upon a finding that: 1. There are no reasonable alternatives; and 2. There are no prior code violation adjudications or fines and no pending construction noise violation cases against the property owner, contractor, or the construction site; and 3. There is a significant community need, public purpose or benefit; and Based upon the Blue Ribbon Committee's recommendation, and the findings set forth in this Resolution, the City Manager requests that the City Commission direct him to issue any and all temporary permits (including direction to automatically renew such permits), as required, pursuant to the authority vested unto him under Code Section 46-156, for flooding mitigation projects throughout the City. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: Financial Information: Source of Amount Account Approved Funds: 1 2 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Eric Carpenter, Public Works X6012 Sign-Offs: Department Director Assistant 4,4. ager City Ma • er ETC MT JLM A T:\AGENDA\2015\January\PUBLIC WORKS\Noise Restrictions.Sum.doc \.1 B E AC H AGENDA ITEM C 7� MIAMIBEAC .H DATE /-1 "13-- a__ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov • COMMISSION MEMORANDUM TO: Mayor Philip Levine and Member1 of the Cit' Commission FROM: Jimmy Morales, City Manager DATE: January 14, 2015 SUBJECT: A RESOLUTION OF THE MAYO'- AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,ACCEPTING THE RECOMMENDATION OF THE MAYOR'S BLUE RIBBON COMMITTEE ON FLOODING AND DIRECTING THE CITY MANAGER TO ISSUE TEMPORARY PERMITS,AS REQUIRED, IN ACCORDANCE WITH CITY CODE SECTION 46-156, FOR FLOODING MITIGATION PROJECTS THROUGHOUT THE CITY BEING CARRIED OUT PURSUANT TO A VALID BUILDING PERMIT;SUCH PERMITS TO: 1) PERMIT CONSTRUCTION ACTIVITIES TO OCCUR EARLIER AND OR LATER THAN AS OTHERWISE PROVIDED IN SECTION 46-156; AND 2) AS A RESULT OF SUCH CONSTRUCTION ACTIVITIES, TO ALLOW NOISE WHICH WOULD OTHERWISE BE PROHIBITED UNDER THE CITY'S NOISE ORDINANCE; AND PROVIDED FURTHER THAT THE CITY MANAGER SHALL, IN ISSUING SUCH TEMPORARY PERMITS, PRESCRIBE SUCH CONDITIONS, AS HE REASONABLY DEEMS NECESSARY, TO MINIMIZE ANY ADVERSE EFFECTS UPON THE COMMUNITY. BACKGROUND In order to complete flooding mitigation projects as quickly as possible, while minimizing construction disruptions, the Mayor's Blue Ribbon Committee on Flooding and Sea Level Rise passed a motion at its December 2, 2014 meeting that the City Manager be granted authority to waive work hour restrictions, noise restrictions, and work day restrictions with respect to each project. This waiver will allow City contractors on flooding mitigation projects to schedule work around the clock (including weekends) and effectively complete construction work within a shorter project schedule. Pursuant to Section 46-156 of the City Code,the City Manager has the authority to issue temporary permits to allow noise when produced by a temporary use or activity, including construction activities undertaken pursuant to a valid building permit. Section 46-156 also allows the City Manager to authorize any necessary construction activities to occur earlier and/or later than the hours of construction provided in Section 46-156 based upon a finding that: City Commission Memorandum-Noise waiver January 14, 2015 Page 2 of 2 1. There are no reasonable alternatives; and 2. There are no prior code violation adjudications or fines and no pending construction noise violation cases against the property owner, contractor, or the construction site; and 3. There is a significant community need, public purpose or benefit; and Based upon the Blue Ribbon Committee's recommendation, and the findings set forth in this Resolution, the City Manager requests that the City Commission direct him to issue any and all temporary permits(including direction to automatically renew such permits),as required, pursuant to the authority vested unto him under Code Section 46-156,for flooding mitigation projects throughout the City. CONCLUSION The Administration recommends adopting the Resolution. JM/MT/ETC/JJF/BAM/FRS T:\AGENDA\2015\January\PUBLIC WORKS\Noise Restrictions.Memo.doc