2002-3345 ORD
. .
ORDINANCE NO. 2002-3345
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, RELATING TO SINGLE UTILITY BILLING AND
WASTE IMPACT FEES; AMENDING ~ 90-133 OF THE CITY
CODE BY EXCLUDING FROM THE DEFINITIONS OF
"COMMERCIAL BUSINESS ACCOUNT" AND
"COMMERCIAL UNITS" MULTI F AMIL Y RESIDENTIAL
BUILDINGS FRONTING ON A PRIVATE STREET AND
WlIOSE WASTE REMOVAL SERVICES ARE PROVIDED BY
PRIVATE CONTRACT; PROVIDING FOR INCLUSION IN
THE CODE OF THE CITY OF MIAMI BEACH FLORIDA;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Section 90-133 is amended to read as follows:
Sec. 90-133. Single utility billing.
The City finance director may direct the utility billing division to issue one itemized
water and sewer bill, where practicable, for all water meters billed to a given owner
or consumer on a given parcel of property or properties. In addition, she may direct,
where practicable, that the appropriate charges for garbage and waste fees be
included on any bill rendered for water and sewer charges. A sanitation commercial
impact fee shall be charged monthly on each commercial business account and
included on any bill rendered for water and sewer charges. This fee would be based
on each commercial business' equivalent commercial unit (BCU), as shown on the
fee schedule, set forth below. The terms "commercial business account" and
"commercial units" shall exclude from their definitions residential town house and
duplex units, condominium units~ am:l residential cooperative apartment units .!md
multi family residential rental buildin&s frontin~ on a private street and whose waste
removal services are provided by private contract.
Number of Equivalent
Commercial Units
(ECU)
Monthly Charge
From 0 to 25
From 26 to 50
From 51 to 75
From 76 to 100
From 101 and above
$16.00
$24.00
$30.00
$40.00
$50.00
. .
The combined bills are subject to all provisions as set forth in chapters 90 and 110
ohhis Code. (Code 1964, ~ 14A-24; Ord. No. 98-3135, ~ 1,9-9-98; Ord. No. 99-
3177, ~ 1,3-17-99; Ord. No. 99-3208; ~ 1,9-22-99)
SECTION 2. CODIFICATION
Codification of this Ordinance in the City Code of Ordinances is hereby authorized and
directed.
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held to be invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the ~day of FebruaI:F, 2002.
PASSED and ADOPTED this 30th day of January
,2002.
~rf~
CITY CLERK
ATTEST:
MHD:lm
APPROVED M3 TO
FORM & LANGUAGE
& FOR EXECUTION
F:\A TIOIDUBMIORDINANClW ASTE.FEE
I-~-G :L.
Date
2
. .
Fax: 3056737096
631 3293257
. .~9.u.8 '01 11 :47 P.14
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Rug,OS 01 12:59p
MRYOR&CCH1ISSIrn
. ". .._.__..~ ...
Cit~ of Miami Beach
.' .
CITY OF MIAMI BEACH
Office of the City Manager
Interoffice Memorandum
m
-
-
From:
Nancy LIIbrn8n ~
=:~\l
CIly Menager U
WASTE IMPACT FEE
01118: July 31, 2001
To:
SUbject:
The Sanitation Commercial Impact Fee was imposed to -help offset the enormous costs
related to the coDection and disposal of garbage/debris related to commercial businesses
within the City:
The Intent of the ordinance is to assess an impad fee to any commercial account serviced
. by a private waste hauler. The impact fee is used to defray the Sanitation Division costs
of cleaning the City of garbage/debris that falls on all city streets during the collection and
tl'llnsportation of solid waste by private waste haulers.
The Ordinance ~ not make any exemption for a commercial business on private streets.
nor was there any intent to make an exemption since the collection and/or transportation
of solid waste on a private street also contributes to fallen trash/debris from private waste
hauler operation through City streets. We collect fees for our accounts and the fee from
private streets simply pays their share or portion of dean up on all other City streets, to
which they also contribute Illter generated by their private haulers. The fee is not intended
to pay for costs of oIean up of the private street.
Please let me know If you need anything else.
Thank you. A-AA
~~~~"doc
c: Mayor and Membefs of the City Commission
Robert C. Middaugh, Assistant City Manager
Fred Beckmann, Director of Public Works
. .
lQ
CITY OF MIAMI BEACH
OFFICE OF THE MAYOR & COMMISSION
MEMORANDUM
TO:
JORGE GONZALEZ
CITY MANAGER
MURRAY DUBBIN
CITY ATTORNEY
FROM:
NANCY LIEBMAN
COMMISSIONER
~
DATE:
October 5, 2001
RE:
WASTE IMPACT FEE ORDINANCE
Please see item R9B from the attached September 20th Commission meeting afteraction. The
Le~al Department was to draft an ordinance, which I would like to have placed on the October
1 i Commission agenda.
NUsl
Attachment
Afteraction
September 20, 2001
City of Miami Beach
R9 . New Business and Commission ReQuests
R9A Board and Committee Appointments.
(City Clerk's Office)
ACTION:
Committee on the Status of Women.
Jeanette Egozi
term expires 12/31/2001 appointed by Commissioner Smith
6:19:22 p.m.
R9B Discussion Regarding An Ordinance Regarding .Single Utility Billing"lWaste Impact Fee.
(Requested By Commissioner Nancy Liebman)
ACTION: Discussion held. Motion made by Commissioner Liebman instructing the City Attorney
to draft an ordinance to delete the waste impact fee for those homes having private garbage pickup
and are on a private street; seconded by Commissioner Garcia; Voice vote: 3-2; Opposed: Mayor
Kasdin and Commissioner Smith; Absent: Vice-Mayor Bower and Commissioner Cruz. legal
Department to handle.
R9C Discussion Regarding The Alaska Parcel.
(Requested By Commissioner Nancy Liebman)
(Deferred From September 5, 2001)
ACTION: Deferred.
6:25:13 p.m.
R9D Discussion Regarding New Findings Relating To The Zoning And Florida Power & Light Restrictions
On The Proposed Site For Fire Station NO.4.
(Requested By Commissioner luis R. Garcia, Jr.)
ACTION: Discussion held. Motion made by Commissioner Garcia to direct the Administration to
pursue design options on the north and west side of the site taking into consideration any zoning or
bond requirements; seconded by Commissioner Dermer; Voice Vote: 5-0; Absent: Vice-Mayor Bower
and Commissioner Cruz. Tim Hemstreet to handle.
3:32:47 p.m.
R9E Discussion Regarding Beach Concessions And Cooking In Lummus Park.
(Requested By Commissioner Nancy Liebman)
ACTION: See action R7D.
Prepared by the City Clerk's Office Page # 22
M:\SCMB\CITYCLER\AFTERACT\200 I \Aferactions\aa09200 I.doc
~ITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
<lp:\\ci.mlaml-bellch.ft.us .
COMMISSION MEMORANDUM NO~ I'=' -99
TO:
Mayor Neisen O. Kasdin and
Memben of the City Co ission
DATE: March 17,1999
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
AN ORDI E OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 90, ENTITLED "SOLID WASTE" BY AMENDING
SECTION 133 ENTITLED "SINGLE UTILITY BILLING", BY EXCLUDING
RESIDENTIAL TOWNHOUSES AND DUPLEXES AND CONDOMINIUM
UNITS FROM THE DEFINITION OF COMMERCIAL UNITS SUBJECf TO
THE SANITATION COMMERCIAL IMPACT FEE, RETROACTIVE TO
SEPTEMBER 19, 1998; PROVIDING FOR CODIFICATION AND
SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICf
THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
ADMINISTRA nON RECOMMENDATION
Reject the Ordinance.
BACKGROUND
The Sanitation Department has a FY 98/99 budget of $4.7 million dollars and operates as an
Enterprise Fund. It has had an accumulated deficit of over $600,000 through FY 97/98. The
Sanitation Department has worked diligently to correct this situation by researching many avenues
for new and/or increased revenues.
In an effort to reduce this deficit, the Sanitation Department proposed several fee increases which
the City Commission did not support. In 1998, a Sanitation Impact Fee for commercial properties
(a flat fee of $12 per month per commercial establishment) was rejected by the Finance and
Citywide Projects Committee as being too broad and unreasonable. Even though the Finance and
Citywide Projects Committee rejected the fee, it recognized that a Sanitation Commercial Impact
Fee would help offset the enormous costs associated with the removal and disposal of garbage/debris
generated by establislunents serviced by private waste haulers.
At the May 28, 1998, Finance and Citywide Projects Committee meeting, the Sanitation Department
presented a number of proposals for review and consideration. At this meeting the Sanitation
Department was instructed to resubmit the one proposal that would be most reasonable and equitable
for those establishments serviced by private haulers, while providing an adequate amount of revenue
AGENDA ITEM
t<...5A
'3 - ti-:f1
DATE
to correct the deficit and improve the level of service for the cleanliness of our City.
The Sanitation Department returned to the Finance and Citywide Projects Committee on July 6.
1998, seeking approval of a Sanitation Commercial Impact Fee based on Equivalent Commercial
Units (ECU's). The Commissioners discussed the benefits of imposing the fee so that the individual
small business owners (0-25 ECU's) would not bear the brunt of the impact fee ($16 per month).
and the larger establishments (lOl-up ECU's) would share in the.expense ($50 per month).
Examples of costs to different sized businesses and condominiums were given and photos showing
the conditions of streets surrounding establishments serviced by private waste haulers were
submitted to substantiate the need for the Sanitation Impact Fee. The Committee approved the
impact fee and directed that it be brought to the City Commission for adoption.
The Sanitation Commercial Impact Fee, Ordinance No. 98-3135, was adopted on September 9, 1998,
on second reading. It was estimated that the passage of this ordinance would generate approximately
. $941,328 annually in additional funds to offset the cost of Sanitation services and help decrease the
amount of the deficit under which the Sanitation Department operates. The recalculation of the
Impact Fee for this ordinance revealed that the fees generated by the approved Sanitation Impact Fee
is $873,360.
ANAL VSIS
The purpose of the Sanitation Commercial Impact Fee is to provide additional revenue to the
Sanitation Department to provide adequate levels of service without operating at a deficit.
Twenty-Five percent of the City's Sanitation Departmental budget is generated by residential solid
waste collection (Onyx) ($1,143,507). Locations serviced by private waste haulers (one of five
franchises) account for $176,837 in revenue to the Sanitation Department based on 2% of the 12%
franchise fee the haulers are charged. A comparison of the contributions follows.
Residential Solid Waste (Onyx)
City of Miami Beach residential solid waste is coIlected by Onyx Florida. LLC through a service
agreement pursuant to RFP No. 53-97/99. The residents of Miami Beach collected by Onyx Florida,
LLC are invoiced monthly by the City's Utility Billing section of the Finance Department as shown
on the foIlowing scale:
Single Family & Townhouses
Multi-Family
(8 units or less)
,
$27.11/monthly.
$22.41/monthly (per unit)
$325.321annually
$268.921annually (per unit)
Onyx Florida, LLC invoices the City of Miami Beach for collection services pursuant to their service
agreement on a monthly basis as follows:
Single Family & Townhouses
Multi-Family
(8 units or less)
$11.61/monthly*
$10.44/monthly (per unit)
$139.321annually
$125.28/annually (per unit)
* (Note: compare this with amount paid monthly per unit for condos on Attachment C)
The following chart shows a breakdown of the City's fees versus its collections:
Annual Single- Annual Multi- Total Annual
Family Family (8 units
or less)
# of Units 5293 1107 .
Residential Collection Fees $1,721,919 $ 297,694 $2,019,613
Less: $ City pays to Onyx $ 737,421 $ 138,685 $ 876,106
Balance credited to $ 948,498 $ 159,009 51,143,507
Sanitation's Operating
Budget
City residents on City waste service (serviced by Onyx Fl., LLC) contribute approximately
$1,143,507 annually to the Sanitation Department's Operating Budget for street cleaning.
Private Waste Haulers (Ji'ranchisee$)
All locations on Miami Beach serviced by Private Waste Haulers contribute to the Sanitation
Department's annual operational budget via their payments to the haulers. Each of the five private
haulers on Miami Beach have signed a franchise agreement with the City which states that the hauler
must pay to the City twelve percent of what they collect from their Miami Beach customers monthly.
This twelve percent is reported and paid to the City in the fonn of franchise fees on a monthly basis.
While the City receives twelve percent, only two percent is credited to the Sanitation Department
for use in its annual operational budget. The following chart shows the breakdown in revenue
received annually:
Private Hauler Annual Annual 10-10 to Annual 2% to
Contribution General Fund Sanitation .
12% to City
Browning-Ferris $ 261,660 $ 218,050 $ 43,610
Industries
Davis Sanitation $ 62,832 $ 52,360 $ 10,472
Environmental Waste $ 228,438 $ 190,365 $ 38,073
Systems
Lazaros Waste $ 15,576 $ 12,980 $ 2,596
Waste Management $ 492,516 $ 410,430 $ 82,086
Total Revenue 51,061,022 $ 884,185 $ 176,837
(Franchise Fee)
.
condos ($7000 less than the original estimated annual revenue).
. Raise the franchise fee. Raising the fee by 2% to a new rate of 14%'would generate
approximately $176,800. ($4000 less than the original annual revenue.)
Note: During past discussions with the franchisees, all have stated that an increase in
the franchise fee will be passed on to their customers. Thi$ increase would be across
the board, affecting all of their customers including townhouses, duplexes and
condominiums.
. Reduce services and personnel. If this Ordinance is approved, without increasing other
funding sources, it would create revenue loss that would necessitate a reduction in services
and the elimination of personnel within the Sanitation Department. This reduction in
personnel of at least nine positions would certainly cripple the daily operations of the
Sanitation Department, and severely decrease services to Lincoln Road, Ocean Drive,
Collins Avenue, Washington Avenue, North Beach, 41st Street, and other areas of Miami
Beach. Clearly, greater levels of staffing are sought to meet the demands of our increasingly
busy City and the reduction of existing staff is not recommended.
CONCLUSION
The Sanitation Impact Fee should remain as originally approved by the City Commission on
September 9, 1998, with the exception of removing the townhouse/duplex category, (charging each
townhouse/duplex unit [0-25 ECU's] $16 per month in addition to their private haulina monthly
charge is not reasonable). In contrast, condominium units are minimally impacted by the current
Impact Fee and contribute to the City's waste hauling demands. They should financially participate
in the Sanitation Department's funding, along with single family homeowners who are funding the
operation of the department.
The City Commission should not adopt the attached Ordinance as proposed. The Administration
recommends retaining the current Impact Fee with the exception of exempting townhouses/duplexes.
No Sanitation Impact Fee changes should be made retroactive.
"\
SR:RS:RT:sg
f:/cmgr/$alllcommemo.99/impact2.com
.
ORDINANCE NO. 99-3177
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 90, ENTITLED "SOLID WASTE" BY AMENDING
SECTION 133 ENTITLED "SINGLE UTILITY BILLING", BY
EXCLUDING RESIDENTIAL TOWN HOUSES AND
DUPLEXES AND CONDOMINIUM UNITS FROM THE
DEFINITION OF COMMERCIAL UNITS SUBJECT TO THE
SANITATION COMMERCIAL IMPACT FEE,
RETROAcrIVE TO SEPTEMBER 19, 1998; PROVIDING
FOR CODIFICATION AND SEVERABILITY; REPEALING
ALL ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING AN EFFEcrIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF CHAPTER 90 ENTITLED "SOI,m WASTE"
That Section 90-133 of the Code of the City of Miami Beach is hereby amended to read as follows:
SEcrION 90-133. SINGLE UTILITY BILLING
***
The City Finance Director may direct the Utility Billing Division to issue one itemized water and
sewer bill, where practicable, for all water meters billed to a given Owner or consumer on a given
parcel of property or properties. In addition, she may direct, where practicable, that the appropriate
charges for Garbage and Waste Fees be included on any bill rendered for water and sewer charges.
A Sanitation Commercial Impact Fee shall be charged monthly on each commercial business account
and included on any bill rendered for water and sewer charges. This fee would be based on each
commercial business' Equivalent Commercial Unit (ECU), as shown on tho;; fulluwwJ!; fee schedule,
set forth helow The terms "Commercial Business Ace-nunt" and "Commercial' Tnit'!" shall exclude
from their definitions residential town house and duplex unit'! and condominium units
Numher of F.quivalent
CommerciallTnit'! (Rell)
Monthly
Chm:ge
From 0 to 25
From 26 to 50
From 51 to 75
From 76 to 100
From 101 and above
$16
$24
$30
$40
$50
/
The combined bills are subject to all provisions as set forth in Chapters 90 and 110 of this Code.
SECTION 2.
CODlFlC.4. TION
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 part of the Code of the City
of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other
appropriate word.
SECTION 3.
REPE.4.I.F.R
All ordinances or parts in conflict herewith be and the same are hereby repealed.
SECTION 4
SEVER.4.Rn.ITV
If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional
by any court or competent jurisdiction, then said holding shall in no way affect the validity of the
remaining portion of this Ordinance.
SECTION 9.
EFFECTIVE D.4.TE
This Ordinance shall take effect ten (10) days after its adoption on the 27th day of
March, 1999 and shall be retroactive in effect to September 19, 1998.
PASSED and ADOPTED this 17th day of
March , 1999.
ArrEST:
---1Z:krf~
CITY CLERK
~IJJ
MAYOR
MHD:Im
APPROVED f4S TO
FORM & LANGUAGE
& FOR EXECUTION
F:\A TTO\DUBMIORDINANC\SANITA TI.FEE
1st reading 3/3/99
2nd reading 3/17/99
A~
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2
Sanitation Department
Budget Budget Actuals Budget Actuals
FY98199 FY 97/98 FY 97/98 FY 96197 FY 96/97
Sanitation Fund
Revenue
Sanitation Fees $2,616.451 $2,586,000 $2,789,4tl9 $2,586,000 $2.512.170
Franc:hise Tax-Waste 194.900 194,900 176.837 200,930 183,665
Impact Fee-Commercial 940,000 815,000 0 0 0
Impact Fee-Construction 240.000 200,000 268,823 0 165,322
Roll Off 175,000 200.000 211,646 41,800 129,031
Sanitation Fines 100,000 100,000 105,850 270,000 n,696
Other 57.000 63,300 42,622 248,769 (69,994)
Stonm VVtr contribution 381,542 381,542 381,542 508,723 508.723
General Fund Transfer 0 272,000 0 0 0
Total Revenues $4,704.893 $4.812,742 $3.976,729 $3,856.222 $3,506,613
Expen...
Personnel $2.034,024 $1,605,945 $1,533,515 $1,607,782 $1.644,772
Operating 2,444.869 2.695,797 2.433,414 2.114,671 2.232.296
Capital J 126,000 226.000 6,121 133,769 63.930
Deficit Reduction 100,000 285,000 0 0 0
Total Expenses $4,704,893 $4,812.742 $3.973,050 $3,856,222 $3,940.998
Net Inc/CLoss) $0 $0 $3.679 $0 ($434.385)
General Fund
Revenue $0 $325.023 $167,379 $0 $0
Expens..
Personnel $0 $171,589 $120,408 $0 $0
Operating 0 153,434 46.971 0 0
$0 $325,023 $167,379 $0 $0
Budget Budget . . Acluals Budget Actuals
FY98199 FY 97/98 FY 97/98 FY 96/97 FY 96197
Begin Retained
Eamings(Dellcit) ($634.524) ($634,524) ($638,203) ($838.203) ($203,818)
Net Inc/(Lols) 100.000 285.000 3.679 0 (434.385)
End Retained
Earnlngl(Dellcit) (534.524) (349.524\ (634,524) (638.203) (638.203)
Sanitation Fund positions
General Fund positions
General Fund Temporary
Total
Budget
FY98199
70
o
o
70
Budget
FY 97/98
47
8
10
65
Budget
FY 96197
47
o
o
47
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C I T Y 0 F M I A M I B E A C H
NOTICE OF PUBLIC BEARINGS
NOTICB IS RZRBBY given that public hearings will be held by the Mayor and City
Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd
floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
Wednesday, March 17, 1999, at tha t~. listad below, to consider the adoption of
the following ordinances:
at 10:30 a.III.:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH BY: AMENDING SECTION 14-
71 ENTITLED TEMPORARY STRUCTURE BY DELETING REFERENCE TO TEMPORARY STRUCTURE USED
FOR THE SALE OR RENTAL OF REAL ESTATE; AND PROVIDING FOR A REPEALER, INCLUSION IN
THE CODE, SEVERABILITY; AND AN EFFECTIVE DATE.
INQUIRIES may be directed to the Planning Department at (305) 673-7550.
at 10:45 a.III.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 90, ENTITLED "SOLID WASTE" BY
AMENDING SECTION 133 ENTITLED "SINGLE UTILITY BILLING", BY EXCLUDING RESIDENTIAL
TOWN HOUSES AND DUPLEXES AND CONDOMINIUM UNITS FROM THE DEFINITION OF COMMERCIAL
UNITS SUBJECT '1'0 THE SANITATION COMMERCIAL IMPACT FEE, RETROACTIVE TO SEPTEMBER
19, 199B; PROVIDING FOR CODIFICATION AND SEVERABILITY; REPEALING ALL ORDINANCES
IN CONFLICT THEREWITH; AND PROvmING AN EFFECTIVE DATE.
INQUIRIES may be directed to the City Attorney's office at (305) 673-7470.
at 2:00 p.III.:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 118 ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES", AMENDING SECTION
118-192 ENTITLED "REVIEW GUIDELINES" BY ADDING A REVIEW CRITERIA ADDRESSING THE
GEOGRAPHIC CONCENTRATION OF USES; AMENDING CHAPTER 142 ENTITLED "ZONING DISTRICTS
AND REGULATIONS", SECTION 142-273 ENTITLED "CONDITIONAL USES", SECTION 142-303.
ENTITLED "CONDITIONAL USES", SECTION 142-333 ENTITLED "CONDITIONAL USES" AND
SECTION 142-693 ENTITLED "PERMITTED USES" BY ADDING VIDEO GAME ARCADES TO THE LIST
OF COMMERCIAL ESTABLISHMENTS REQUIRING CONDITIONAL USE APPROVAL IN THE CD- 1,
CD-2, CD-3, C-PS1, C-PS2. C-PS3 AND C-PS4 CoMMERCIAL ZONING DISTRICTS; PROVIDING
FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
at 2:01 p.III.:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 142 ENTITLED "ZONING DISTRICTS AND REGULATIONS", SECTION 142-272 ENTITLED
"MAIN PERMITTED O"SES", SECTION 142-302 ENTITLED "MAIN PERMITTED USES", SECTION
142-332 ENTITLED "MAIN PERMITTED USES" AND SECTION 142-693 ENTITLED "PERMITTED
USES" BY PROHIBITING TATTOO PARLORS, BODY PIERCING ESTABLISHMENTS, COMMERCIAL
FORTUNETELLERS, SPIRITUAL ADVISORS AND SIMILAR ESTABLISHMENTS ON THE FIRST FLOOR
IN THE CD-l, CD-2, CD-3, C- PS1, C-PS2, C-PS3 AND C-PS4 ZONING DISTRICTS;
PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
. .
INQUIRIES may be directed to the Planning Department at (305) 673-7550.
All persons are invited to appear at this meeting or be represented by an agent.
or to express their views in writing addressed to the City Commission c/o the City
Clerk, 1700 Convention Center Drive, 1st Floor. City Hall, Miami Beach, Florida
33139. Copies of these ordinances are available for public inspection during
normal business hours in the City Clerk's Office. The hearing on these Ordinances
may be continued at this meeting and under such circumstances, additional legal
notice would not be provided.
. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that:
if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at its meeting or its hearing, such person must
ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. This notice does
not constitute consent by the City for the introduction or admission of otherwise
inadmissable or irrelevant evidence, nor does it authorize challenges or appeals
not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing
special accommodation to participate in this proceeding should contact the City
Clerk's Office no later than four days prior to the proceeding. Telephone (305)
673-7411 for assistance; if hearing impaired, telephone the Florida Relay Service
numbers, (800) 955-8771 (TOO) or (800) 955-8770 (VOICE), for assistance.
...
,
CITY OF MIAMI BEACH
CITY HALL 1100 CONVENTION CENTER DRIVE M MI BEACH, FLORIDA 33139
hltp:\Ici.mlaml-beach.l\.us
FROM:
CO~MISSIONMEMORANDUM NO. (.... 3L -99
Mayor Neisen . Kasdin and DATE: September 22, 1999
Memben ofth City C mission
Sergio Rodrlp
CIty Manager
"
TO:
SUBJECT: SECOND ING - AN ORDINANCE OF THE MAYOR AND CITY
COMMIS I N OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BE CITY CODE CHAPTER 90, ENTITLED "SOLID WASTE"
BY AMEND NG SECTION 133 ENTITLED "SINGLE UTILITY BILLING",
BY EXCL ING RESIDENTIAL CO-OP UNITS FROM THE DEFINITION
OF COM ERCIAL UNITS SUBJECT TO THE SANITATION
COMMERC AL IMPACf FEE; PROVIDING FOR CODlFICA nON AND
SEVERAB ITY; REPEALING ALL ORDINANCES IN CONFLlCf
THEREWI ; AND PROVIDING AN EFFECTIVE DATE.
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ADMINISTRATION ~EtMMENDATION
Reject the Ordinance.
BACKGROUND
This Ordinance was. approv
a public hearing was sched
on first reading at the July 21, 1999 City Commission Meeting and
for September 14, 1999.
The Sanitation Department has a FY 98/99 budget of $4.7 million dollars and operates as an'
Enterprise Fund. It has had accumulated deficit of over $600,000 through FY 97/98.
In an effort to reduce this de cit, the Sanitation Department proposed several fee increases which
the City Commission did not support. In 1998, a Sanitation Impact Fee for commercial properties
(a flat fee of $12 per month r commercial establishment) was rejected by the Finance and Citywide
Projects Conunittee as being 0 broad and unreasonable. Even though the Finance and Citywide
Projects Committee rejected e fee, it recognized that a Sanitation Commercial Impact Fee would
help offset the enonnous co associated with the removal and disposal of garbage/debris generated
by establishments serviced t private waste haulers.
,
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Agenda Item R 5 L
Date q-~~-~
240
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At the May 28, 1998, Finan and Citywide Projects Committee meeting, the Sanitation Department
presented a number of pro osals for review and consideration. At this meeting, the Sanitation
Department was instructed t resubmit the one proposal that would be most reasonable and equitable
for those establishments ced by private haulers, while providing an adequate amoWlt of revenue
to correct the deficit and im rove the level of service for the cleanliness of our City.
The Sanitation Department umed to the Finance and Citywide Projects Committee on July 6, -
1998, seeking approval of a Sanitation Commercial Impact Fee based on Equivalent Commercial
Units (BCD's). The Co 'ttee members discussed the benefits of imposing the fee so that the
individual small business 0 ers (0-25 ECD's) would not bear the brunt of the impact fee ($16 per
month), and the larger establ shments (lOI-up ECD's) would share in the expense ($50 per month).
Examples of costs to differe t sized businesses and condominiums were given and photos showing
the conditions of streets sbrroWlding establishments serviced by private waste haulers. were
submitted to substantiate ut need for the Sanitation Impact Fee. The Committee approved the
impact fee and directed thatlit be brought to the City Commission for adoption.
I
The Sanitation Commercial pact Fee, Ordinance No. 98-3135, was adopted on September 9, 1998.
It was estimated that the e of this ordinance would generate approximately $941,328 annually
in additional funds to offse the cost of Sanitation services and help decrease the amount of the
deficit Wlder which the Sani . on Department operates. The recalculation of the Impact Fee for this
ordinance revealed that the ees generated by the approved Sanitation Impact Fee is $873,360.
,
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On March 17, 1999, Ordipance No. 99-3177 was adopted excluding residential townhouses,
duplexes and condomini~'l~ts. The adoption of this ordinance would result in an estimated
annual revenue loss of $180j216. Subsequently, the Sanitation Department presented to the Finance
& Citywide Projects Comm~ttee several options for additional revenue to offset the revenue lost due
to the exemptions. I
A request was presented at ~e May 12, 1999 Commission Meeting to extend the exemption from
the fee to residential Co-op /units.
ANALYSIS i
I
The purpose of the Sanitation Commercial Impact Fee is to provide additional revenue to the
Sanitation Department to PrOVide adequate levels of service without operating at a deficit.
Twenty-Five percent ofthelCity's Sanitation Departmental budget is generated by residential solid
waste collection (Onyx) ($11032,194). Locations serviced by private waste haUlers (four franchises)
accoWlt for $176,837 in r~enue to the Sanitation Enterprise FWld.
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Residential Solid Waste (~UIl
City of Miami Beach reSid~tial solid waste is collected by Onyx Florida, LLC through a service
agreement pursuant to RFP 0.53-97/99. The residents of Miami Beach served by Onyx Florida,
LLC are invoiced monthly b the City's Utility Billing section of the Finance Department as shown
on the following scale: ;
!
Single Family & TOwnhousts
Multi-Family ., !
(8 units or less) i
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Onyx Florida, LLC invoices ~e City of Miami Beach for collection services pursuant to their service
agreement on a monthly basrs as follows:
Single Family & Townbous~s $11.611monthly $ 139.321annually
Multi-Family r $lO.44/monthly (per unit) $ I 25.28/annually (per unit)
(8 units or less) I
The following chart shows + breakdown of the City's fees versus its collections:
;
$27.lllmonthly
$22.411monthly (per unit)
$325.321annually
$268.921annually (per unit)
Annual Single- Annual Multi- Total Annual
I Family Family (8 units
or less)
# of Units 5293 1107
Residential Collection Fee $1,721,919 $ 297,694 $2,019,613
Recycling Grant Allocatio .* $ 53,584 $ 10,975 $ 64,559
Less: $ City pays for
Recycling Fees $ 145,452 $ 30,420 $ 175,872
Less: $ City pays to OnY'! $ 737,421 $ 138,685 $ 876,1 06
Balance credited to S 892,630 S 139,564 $1,032,194
Sanitation's Operating I
Budget
(*This amount varies annw ly and continually decreases, therefore the net amount credited to the
Sanitation Operating Buc get will also decrease.)
City residents on City wa te service (serviced by Onyx Fl., LLC) contribute approximately
$1,032,194 annually to the S anitation Enterprise Fwd, which is used to pay for street cleaning City-
wide.
242
Private Wute Haulers (Ji'iDChise~
AIl locations on Miami Be h serviced by private waste haulers contribute to the Sanitation
Department's annual operati budget via their payments to the haulers. Each of the four private
haulers on Miami Beach hav signed a franchise agreement with the City which states that the hauler
must pay to the City twelve p rcent of what they collect from their Miami Beach customers monthly.
This twelve percent is repo and paid to the City in the form of franchise fees on a monthly basis.
While the City receives twel e percent, only two percent is credited to the Sanitation Enterprise fimd
for use in its annual opera. nal budget. The following chart shows the breakdown in revenue
received annually: I
!
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Private Hauler ! AnnuallOo~ to ADnual2o/. to
'To!
C ntributioD General Fund Sanitation
12 Yo to City
;
i
Browning-Ferris $ /261,660 $ 218,050 $ 43,610
Industries !
Davis Sanitation I $ 52,360 $ 10,472
$! 62,832
Imperial Sanitation $1 15,576 $ 12,980 $ 2,596
Service I
1
Waste Management :Ii 720,954 $ 600,795 $ 120,159
Total Revenue $~,061,O22 $ 884,185 $ 176,837
(Franchise Fee) ;
!
Accounts serviced by priv~ waste haulers are contributing approximately $884.185 annually to the
General Fund and $176.831 annually to the Sanitation Department's annual operating budget for
street cleaning. I
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SummalJ' !
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Adoption of this Ordinanc+, exempting the thirty-seven (37) Co-op accounts, will decrease the
amount of revenue the sani~' on Department will receive in its operational budget by approximately
$8,280 annualiy. The acco ts serviced by private waste haulers will make a lower contribution to
the City. This amoWlt is no comparable, on a per unit basis, to the amount paid by City residential
accounts. The following c shows this comparison:
Type of Account Number of Annual Contribution Annual Contribution to
Units to City's Revenues City's Revenue Per Unit
City Residential 6,400 $1,032,194 S 161.28
Accounts
Private Hauler 49,662 $1,061,022 S 21.36
Accounts
,
Furthermore, the accounts j serviced by private waste haulers are in areas that have a tremendous
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amount of daily maintenante that must be performed. With an increasing number of visitors
(tourists and locals), and dail media attention, it is in the City's best interest that all areas are kept
clean. All accounts, whether serviced by the City or a private waste hauler, should contribute to the
Sanitation Department's bud~et as the entire community utilizes solid waste services.
The Administration recomm ds that co-ops not be exempted as part of the Sanitation Impact Fee.
Removing co-ops from the I pact Fee would further reduce the revenue by approximately $8,280,
expanding the existing defic t. Though co-op units are minimally impacted by the current Impact
Fee, they contribute to the Ci 's waste hauling demands. They should financially participate in the
Sanitation Department's ding, along with single family homeowners who are funding a
disproportionate share of thi needed City service. It should be noted that members of the Budget
Advisory Committee, at 1hei meeting on August 10, 1999, unanimously approved urging the City
Commission to retain the S itation Impact fees for co-ops and re-instate the fees for condos.
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If this Ordinance is appro$' without increasing other funding sources, it would further add to
Sanitation Enterprise Fund d ficit and would necessitate a reduction in services and the elimination
of personnel within the Sani tion Department Clearly, greater levels of staff"mg are sought to meet
the demands of our increasi ly busy City and the reduction of existing staff is not recommended.
,
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CONCUJSIOfil i
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Reject the Ordinance. I
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SR:~T:sg~ I
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T"-'OQID"\I-,~wACl"f
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< '
..
,ORDINANCE NO. 99-3208
AN ORlDINANCE OF mE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, . AMENDING MIAMI BEACH CITY CODE
CHAPTER gO, ENTITLED "SOLID WASTE" BY AMENDING
SECTION Ij3 ENTITLED "SINGLE UTILITY BILLING", BY
EXCLUDING RESIDENTIAL COOPERATIVE APARTMENT
UNITS FRo!\.f THE DEFINITION OF COMMERCIAL UNITS
SUBJECT To THE SANIT A nON COMMERCIAL IMP ACT
FEE, RE-DROAcrIVE TO SEPTEMBER 19, 1998;
PROVIDlN<J; FOR CODIFICATION AND SEVERABILITY;
REPEALING ALL ORDINANCES IN CONFLICT
THEREWn1u; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE Itr ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIqA:
SECTION 1. AMENDMErrr OF CHAPTER 90 ENTITLED "SOLID WASTE"
That Section 90-133 of the ClxIe of the City of Miami Beach is hereby amended to read as follows:
SECmON 90-133. SINGLE UTILITY BILLING
...
The City Finance Director ~ay direct the Utility Billing Division to issue one itemized water and
sewer bill, where praCtiCab~e for all water meters billed to a given Owner or consumer on a given
parcel of property or properti s. In addition, she may direct, where practicable, that the appropriate
charges for Garbage and W Fees be included on any bill rendered for water and sewer charges.
A Sanitation Commercial ImBact Fee shall be charged monthly on each commercial business account
and included on any bill ren~ered for water and sewer charges. This fee would be based on each
commercial business' Equivalent Commercial Unit (BCU), as shown on the fee schedule, set forth
below. The tenns "CommercilU Business Account" and "Commercial Units" shall exclude from their
definitions residential town i house and duplex units, -fIftt:l condominium units and residential
cooperative apartment units. !
;
Number ofEQuivale,*
Commercial Units (Ef:ID
Monthly
Charie
From 0 to 25
From 26 to 50
From 51 to 75
From 76 to 100
From 101 and above
$16
$24
$30
$40
$50
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The combined bills are subjqct to all provisions as set forth in Chapters 90 and 110 of this Code.
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SECTION 2. ~FICATION
It is the intention of the MaYi. and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions this Ordinance shall become and be made part of the Code of the City
of Miami Beach, Florida. e sections of this Ordinance may be renumbered or relettered to
accomplish such intention, ~ the word "ordinance" may be changed to "section", "article", or other
appropriate word. i
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SECTION 3.
All ordinances or parts in co flict herewith be and the same are hereby repealed.
SECTION 4
If any section, sentence, cIa or phrase of this Ordinance is held to be invalid or unconstitutional
by any court or competent j . sdiction, then said holding shall in no way affect the validity of the
remaining portion of this Or inance.
SECTION 9.
EFFIfTIVE DATE
This Ordinance shall take I effect ten (10) days after its adoption on the 2nd
October, 1999 and s~all be retroactive in effect to September 19, 1998.
day of
PASSED and ADOIfrED this ~ day of September
.1999.
ATTEST:
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CITY CLERk
MAYOR
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F:\ATIO\DUBM\ORDINANClSANITATtFEE
1st reading 7/21/99
2nd reading 9/22/99
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
TO:
MAYOR DAVID DERMER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE M. GONZALEZ
MURRAY H. DUB BIN ~~
CITY ATTORNEY <J -
SUBJECT: WASTE IMPACT FEE ORDINANCE
DATE: JANUARY 30, 2002.
FROM:
SECOND READING
PUBLIC HEARING
The attached Ordinance has been prepared pursuant to a request by Commissioner Garcia.
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Encl.
Agenda Item R S A
1700 Convention Center Drive - Fourth F1oor- Miami Beal Date /- 3 O-Q~
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01 JAN -3 PH 6: 09
CITY OF MIAMI BE1\CH .
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OFFICE OF THE MAYOR & COMMISS'9l'!t'; C E
MEMORANDUM ..
FROM:
LUIS GARCIA
COMMISSIONER
TO:
JORGE GONZALEZ
CITY MANAGER
DATE:
January 3, 2002
RE:
WASTE IMPACT FEE ORDINANCE
Please place the attached draft ordinance, originally sponsored by Commissioner Nancy
Liebman, on the January 9th Commission agenda for action.
LG/sI
Attachment