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95-21674 Reso RESOLUTION NO. 95-21674 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING, SUBJECT TO THE APPROVAL OF A MAJORITY OF THE AFFECTED PROPERTY OWNERS, A SPECIAL ASSESSMENT DISTRICT FOR A PERIOD OF ONE (1) YEAR, TO BE KNOWN AS THE OCEAN DRIVE MANAGEMENT DISTRICT NO. 3; PROVIDING FOR THE LEVYING OF SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE SERVICES WHOSE COSTS IS TO BE DEFRAYED IN PART BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE SERVICES TO BE PARTIALLY DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR PUBLICATION OF THIS RESOLUTION; AND AUTHORIZING RELATED ACTIONS. WHEREAS, Chapter 170, Florida Statutes, as amended, (the Act) provides that a municipality in Dade County may levy and collect special assessments against property benefitted for the purpose of stabilizing and improving retail and/or wholesale business districts and/or nationally recognized historic districts through promotion, management, marketing, and other similar services in business districts in other municipalities; and WHEREAS, that certain area of Ocean Drive from Fifth Street through and including Fifteenth Street (the District) falls within the boundaries of the Art Deco Architectural District which has been placed on the National Register of Historic Places by the National Trust for Historic Preservation; and WHEREAS, the District is a major center of tourism within the City of Miami Beach, representing an area of significant economic and employment opportunities within the City and the various residents and business operators, including merchants, homeowners, hoteliers and restaurants doing business in the District, as well as community based organizations, wish to establish a mechanism for the purpose of stabilizing and improving that area through promotion, management, marketing and other similar services in business districts in other municipalities; and WHEREAS, the recent incidence of crime and related urban problems in the District and in areas adjacent or approximate to the District may inhibit the continued economic viability of the District; and WHEREAS, as a result of this increased criminal activity and related urban problems, the District has been receiving adverse publicity and attention in the local , national and international media, which has created a negative perception of the District; and WHEREAS, the aforementioned individuals have expressed concern over the level of security, maintenance and related urban problems in the District and the resultant need for increased security, maintenance and other measures which would benefit the public health, safety and welfare via continued patronage and traffic flow to the District, as well as the reduction of negative publicity; and WHEREAS, the herein proposed services will include increased or new security, and additional maintenance and related services (the Services) ; and WHEREAS, the Mayor and City Commission intend to proceed in accordance with Chapter 170, Florida Statutes, by creating a special assessment district to be known as the Ocean Drive Management District No. 3 , for the purpose of funding security, and additional maintenance and related services which will stabilize, benefit and improve the tourist and economic climate of that certain area of Ocean Drive from Fifth Street through and including Fifteenth Street. NOW, THEREFORE, BE IT RESOLVED By the Mayor and City Commission of the City of Miami Beach, Florida, that: SECTION 1. All findings and recitals contained in this Resolution are hereby adopted and incorporated herein. SECTION 2 . Special assessments (the Assessments) shall be levied in accordance with the provisions of the Act, and as described herein, to defray a portion of the cost of the Services. SECTION 3. In accordance with Ordinance No. 92-2782 , adopted by the City on June 17 , 1992 , it is hereby determined that the provisions of Ordinance No. 92-2782 shall not apply to the Assessments levied and imposed pursuant to the provisions of this Resolution. SECTION 4 . The nature of the Services is set forth in Exhibit "A" , attached and incorporated herein. SECTION 5. The District upon which the Assessments shall be levied shall incorporate the total area as set forth in the map attached and incorporated herein as Exhibit "B" , and reflecting the legal description as set forth in Exhibit "C" , attached and incorporated herein. SECTION 6. The estimated cost of the Services is approximately $837 , 827 . 00 (Estimated Cost) . SECTION 7 . The Assessments will defray approximately 2 $266, 000 . 00 of the Estimated Cost, the balance thereof to be paid by the City from other available funds. SECTION 8. The Assessments shall be made on the basis of the formula set forth in Exhibit "D" , attached and incorporated herein. SECTION 9. The Assessments shall be levied on all lots and lands which are specially benefited thereby, and further designated on the assessment plat referenced below within the boundary of the District. SECTION 10 . At the time of adoption of this Resolution, there is on file with the City Clerk, an assessment plat showing the area to be assessed, a description of the services to be provided and an estimate of the cost, which is open to inspection by the public. SECTION 11. The City Administration is hereby authorized and directed to cause to be made a preliminary assessment roll , as promptly as possible, which shall show the lots assessed, the amounts of benefit to and the Assessments against each lot. SECTION 12 . Assessments shall be payable at the Office of the Finance Director of the City in one (1) installment on such date as shall be contained in a bill to be mailed to each property owner within the District at least thirty (30) days before their due date. Installments not paid when due shall become due and payable in accordance with the provisions of the Act. SECTION 13 . Upon completion of the preliminary assessment roll, the Mayor and City Commission shall adopt a subsequent resolution to fix a time and place at which the owners of the property to be assessed or any other persons interested therein may appear before the Mayor and City Commission and be heard as to the propriety and advisability of the Assessments or the provision of the Services, the costs thereof, the manner of payment therefor, or the amount thereof to be assessed against each lot so serviced, all in accordance with the Act. SECTION 14 . The City Clerk is hereby directed to cause this Resolution to be published once in a newspaper of general circulation within the City. SECTION 15. The City Administration is hereby authorized and directed to take all actions necessary to carry out the intent of this Resolution, including any actions in connection with obtaining the approval of the affected property owners. 3 SECTION 16. This Resolution shall take effect upon its adoption; provided, however, that if the City does not obtain the approval of the affected property owners in accordance with the Act, this Resolution shall be null and void. PASSED and ADOPTED this 26t._ day of July , 1995 . 4001, 4, / MA •R Attest: t U UM APPROV , ity Clerk LEGAL DEPT. By --W.- Date -7 " Lo-_rj'fit. . 4 Exhibit "A" SERVICES Security Security services will be provided with a combination of private security and the Miami Beach Police Department. Sanitation The District will provide increased streetsweeping services in addition to the current hand and mechanical streetsweeping services provided by the City. Additionally the District will provide for regular pressure cleaning of sidewalks. The City will provide the storage containers and will also be responsible for disposing of the litter and trash from this additional streetsweeping effort. Park and Landscape Maintenance and Signage Services will include additional park and landscape maintenance and the provision of informational signage within the District. Management/Operatinq Salary and fringe benefits for a District Manager and support staff who will be responsible for administering the operations of the District as well as operating costs. Estimated Annual Cost Security $353 , 840 Sanitation 186, 160 Landscape Maintenance/Signage 68 , 870 Marketing/Promotion 50, 250 Management 178 , 707 Total $837 , 827 Estimated Funding Allocation Special Assessment $266, 000 Sidewalk Cafe Permit Fees (Ocean Drive) 82 , 000 City - Resort Taxes 493 , 827 Total $837 , 827 '..)re 1 I/ I '' _ _ .., , 1 \, \ 0 1 \\ 7/,,i... -_-7-,11: ,... .: i flf4L* 6i: i s L ,/ , • -- V C---1 1-4zr- --A:c ,r-_-___. [p 1 • L____J L ,; . — • ..... . L-/i r .t•"i'-.it.s-- di\"\ 1 i w E- I1 r > ri , N-\=A,7\ ,4:-:'1 1 •! ' � ' r "11111 rI aE. 1 - :• 1% ° 1 \ bir • .-,1,z . e,!. ..,;,. . - -- 1 L . . . 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I lav\AI . ‘ , , _,,„,iL- 1 , i ,, \.\ \ J\I\I N-, lam �! _� \. , ,\ 3..,‘ - Qt _ _vDtniti:. - \ _ - !,,, .. ‘ -, , V,.,s.,11vAAMI 1 I { ? ; 1' ‘,;,--\---N\A-41 ,-1 [ WI ; --- ©c,.,arr 6 a " T Exhibit "C" Legal Description Commence at the point of intersection of the center line of 5th Street with the southerly extension of the center line of Ocean Court, said point being the POINT OF BEGINNING; thence run Northerly, along the center line of Ocean Court to the point of intersection with the southerly extension of the west line of Lot 8, as shown in HARRISON AND HAYES SUBDIVISION of the Whitman tract east of Collins Avenue in the City of Miami Beach, Florida, recorded in Plat Book 9, at Page 73, Public Records of Dade County, Florida; thence run northerly, along the southerly extension of the above mentioned Lot 8, and through the west line of Lots 8,7,6 and 5 of said HARRISON AND HAYES SUBDIVISION to a point located in the northwesterly corner of said Lot 5; thence run westerly, along the north line of Lots 5 and 12 of said HARRISON AND HAYES SUBDIVISION and the westerly extension of the north line of said Lot 12 to the point of intersection with the center line of Collins Avenue; thence run northerly, along the center line of Collins Avenue to the intersection with the westerly extension of the north line of Lot 19, Block 56, shown in Fisher's First Subdivision of Alton Beach, recorded in Plat Book 2, at Page 77, Public Records of Dade County, Florida; thence run easterly, along the westerly extension of said Lot 19 and along the northerly line of Lots 19 and 2 of the above mentioned Block 56 to the northeast corner of said Lot 2; thence run southerly, along the east line of Lots 2 and 1 of said Block 56 and, its southerly extension to a point, said point, being the northeast corner of Lot 2, Block 77 of the above mentioned Fisher's First Subdivision of Alton Beach; thence run southerly, along the east line of Lots 2 and 1 of said Block 77 to a point located on the north line of Lot 1, HARRISON AND HAYES SUBDIVISION of the Whitman tract east of Collins Avenue in the City of Miami Beach, Florida; thence run southerly, along the east line of Lots 1,2, 3 and 4 of said HARRISON AND HAYES SUBDIVISION to the southeast corner of said Lot 4; thence run westerly, along the south line of said Lot 4 and its westerly extension to the point of intersection with the west right-of-way line of Ocean Drive; thence run southerly, along the west right-of-way line of Ocean Drive to the point of intersection with the center line of 5th Street; thence run northerly, along the center line of 5th Street to the POINT OF BEGINNING. Said lands located, lying and being in the City of Miami Beach, Florida. Exhibit "D" Method of Assessment The total amount of the special assessment to fund the services will be prorated according to the front footage of the respective residential and commercial properties specially benefited by the services. Assessable front footage of corner properties will include an additional twenty five (25) feet. Assessable front footage of corner properties have been decreased by the amount in excess of the additional twenty five (25) feet paid in FY 1994/95. The assessment for residential properties such as condominium buildings will also be on a front footage basis of the respective lots and will be assessed against the respective management associations. The estimated annual cost of providing this benefit is $50. 92 per front foot of each property. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ;LI - 1� TO: Mayor Seymour Gelber and Members of the City Commission DATE: July 26, 1995 FROM: Jose Garcia-Pedrosa , City Manager SUBJECT: 1) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM4I BEACH, FLORIDA, CREATING, SUBJECT TO THE APPROVAL OF A MAJORITY OF THE AFFECTED PROPERTY OWNERS, A SPECIAL ASSESSMENT DISTRICT FOR A PERIOD OF ONE (1) YEAR, TO BE KNOWN AS THE OCEAN DRIVE MANAGEMENT DISTRICT NO. 3; PROVIDING FOR THE LEVYING OF SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE SERVICES WHOSE COSTS IS TO BE DEFRAYED IN PART BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE SERVICES TO BE PARTIALLY DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR PUBLICATION OF THIS RESOLUTION; AND AUTHORIZING RELATED ACTIONS. 2) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FIXING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES SPECIALLY BENEFITTED BY THE CREATION OF A SPECIAL ASSESSMENT DISTRICT KNOWN AS THE OCEAN DRIVE MANAGEMENT DISTRICT NO. 3, FOR THE PURPOSE OF FUNDING SECURITY, AND ADDITIONAL MAINTENANCE AND RELATED SERVICES ALONG OCEAN DRIVE FROM FIFTH STREET THROUGH AND INCLUDING FIFTEENTH STREET, ALL LYING WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI BEACH, OR ANY OTHER PERSONS INTERESTED THEREIN MAY APPEAR BEFORE THE CITY COMMISSION OF SAID CITY TO BE HEARD AS TO THE PROPRIETY, ADVISABILITY AND COST OF PROVIDING SUCH SERVICES, AGAINST EACH PROPERTY SO BENEFITED, SUCH HEARING TO BE HELD IN ACCORDANCE WITH SECTIONS 170. 07- 170 .08 OF THE FLORIDA STATUTES. AGENDA ITEM f3- I DATE 7- '2- G.-CIS Commission Memorandum - July 26, 1995 Ocean Drive Special Assessment Page 2 ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission adopt the attached resolutions to 1) create a special assessment district to be known as the Ocean Drive Management District Number 3 for the provision of special services for that area on Ocean Drive from Fifth to Fifteenth Streets and 2) schedule the required public hearing. BACKGROUND: During FY 1992/93, representatives of the Ocean Drive Association approached the City to discuss the creation of a management district to provide additional services to Ocean Drive. The creation of this district was to be a three-year plan which was referred to as Phase I of the "big vision" . Phase II would later include the creation of similar districts to provide services to Washington Avenue and Collins Avenue. On June 16, 1993 the City Commission approved the creation of a special assessment district to provide services to the Ocean Drive area for a one year period. On July 27 , 1994 the City Commission renewed the District for a second one year period. A proposal to continue the district for a third consecutive one year period was presented to the Finance Committee on June 19 , 1995. At the direction of the committee, administrative staff met with representatives of the district to revise the budget and to discuss alternate sources of funding in place of the current allocation of city funds. ANALYSIS: The Administration proposes that current districts receive funding from the City for a period of 5 years from inception subject to the availability of resort tax following priority pledges. In years one through three the districts would receive the same level of funding from the City. For the Ocean Drive, Washington Avenue and Lincoln Road Districts the City currently funds approximately two-thirds of the total budget for each district. The level of funding from the City would decline in years four and five such that funding provided by the City in year four would be reduced by one-third of the funding level in year three and in year five the funding level would be a third less than the funding in year four. There would be no funding provided to the districts by the City in year 6 and in subsequent years. Administrative staff and representatives of the districts met on July 17 , 1995 to discuss alternate methods of funding the districts in lieu of city funds. Some potential funding sources suggested by Commission Memorandum - July 26, 1995 Ocean Drive Special Assessment Page 3 the districts ' representatives include an increase in the service fees charged by establishments within the districts, funding from the Greater Miami Visitors and Convention Bureau and implantation and use of sidewalk cafe permit fees on Lincoln Road and Washington Avenue. Ocean Drive is currently using this revenue source to help fund its operations. Additional meetings will be held to develop a plan for these districts to reduce and ultimately eliminate their dependence on the City to provide funding. Review of the proposed budget for FY 1995/96 by city staff and the district manager has produced an eight percent or $40, 173 reduction or in city funds necessary to operate the district. Services to be provided to the District for the third consecutive year are described below. 1) Security - $353 , 840 The current security detail is provided through the Miami Beach Police Department and consists of one sergeant and six police officers. This security detail has been modified to include one part-time sergeant and 2 police officers and will be supplemented by the use of private security. These changes will result in a reduction in the security budget of $121, 160. 2) Sanitation - $186, 160 This service will include increased streetsweeping in addition to the current hand and mechanical streetsweeping services provided by the City. Additionally the district will provide for periodic pressure cleaning of sidewalks. This service also acts as the "eyes and ears" of the district. There will be additional hours of service provided during the next fiscal year which will also augment the security detail . The costs for these additional services is $31, 210. The City will provide the storage containers and will also be responsible for disposing of the litter and trash from this additional streetsweeping effort. 3) Park/Landscape Maintenance and Signage - $68 , 870 Services will include additional park and landscape maintenance and the provision of informational signage within the area. Major park and landscape upgrading was implemented during the first two years of the district' s existence. The focus during this year will be on maintaining the improvements. Commission Memorandum - July 26, 1995 Ocean Drive Special Assessment Page 4 4) Marketing and Special Events - $50, 250 This is a new item for FY 1995/96 and includes funding for street festivals and video and other promotional projects 5) Management/Overhead - $178,707 This portion of the budget includes the cost of a District Manager ($75, 000) , fringe benefit costs for all employees ($69, 807) and associated operating costs such as rent, office supplies and telephone services ($33 , 900) . There is a $10, 007 increase in the fringe benefit costs included in this category. Budget Summary Estimated Annual Cost Security $353 , 840 Sanitation 186, 160 Landscape Maintenance/Signage 68, 870 Marketing/Promotion 50, 250 Management/Overhead 178,707 Total $837 , 827 Estimated Funding Allocation Special Assessment $266, 000 Sidewalk Cafe Permit Fees (Ocean Drive) 82 , 000 City - Resort Taxes 493 , 827 Total $837, 827 Attached for your information is the three year expenditure and budget history for this district. Assessment The total amount of the special assessment to fund these services is $266, 000. This portion of the cost of providing these services will be prorated according to the front footage of the respective commercial and residential properties specially benefited by these services. Assessable front footage of corner properties will include an additional 25 feet. Assessable front footage of corner properties have been adjusted by the amount in excess of the additional 25 feet paid in FY 1994/95 . The assessment for Commission Memorandum - July 26, 1995 Ocean Drive Special Assessment Page 5 residential properties such as condominium buildings will also be on a front footage basis of the respective lots; these assessments shall be made against the respective management associations. The estimated annual cost of providing this benefit is $50. 92 per front foot. Other Funding Revenues from Sidewalk Cafe Permit Fees ($82 , 000) for Ocean Drive will be applied toward funding the cost of the proposed services. The City will fund the balance of costs for these services from the proceeds of Resort Tax ($493 , 827) . Elections The Dade County Elections Department will conduct an ballot of the affected property owners in order to determine the required majority approval for creation of the district. Management Contract A three year agreement is currently in place with the Miami Beach Development Corporation, acting on behalf of the Ocean Drive Association, to provide for sanitation, landscape maintenance, signage and management services within the management district. Police officers providing services to the district will be managed by the Miami Beach Police Department. Private security will be administered by the district' s management. CONCLUSION: The City Commission should adopt the attached resolutions in order to make the final determination on the special assessment levy. KM:km ai O O O N- O O M CO 0 0 w 0 a) 03 O .- CO 0 in O t- I- O O U N ;12 . N d N N CO •- ,- 0 0 Z O v " N. O fV O O '- •t: w -� W L - ,... M In v u_ co It cc 69 69 to 69 69 to 69 69 69 EA 0 LD O O O N O O N- N O O W OO .t' c0 f,- O in O N N 0 O N cs) co .--- co O cV N- CO CO 0 0 O 7 cn c0 CO c0 O N N- fn N N C- in in co O CO in O> in 07 c0 00 N 0 al Cn .- CO fi N 69 69 69 69 EA 69 EA 69 69 69 0) C11 0 �f' in N O 0 0 0 a-+ U o O 0 O CO cc. in 0 0 0 0 U w c H am c\i cfl cn in N. d N. L CC 0 L, CO N I- co r- N W u_. 0 C } to 69 69 EA 69 EA 69 69 EA .L- 4-+ VC C a a) OE p in 0 0 0 O O 0 0 O 0 N w rn 0 Ln in O 0 0 0 0 0 U 4,,, If) Ha) 0 O cn com O 0 0 0 Q) W '; tn.. -a: 6i Co CC CO O CO L. V) -) N- to LO N CO c0 cn c0 c0 CC V) 0 al d CO in N >.. 0_ .- 69 69 69 EA 69 69 69 EA 69 EA a) CZ a) U L C) CM. 0 c0 N. 01 co O O O O H C/) .� cn O N. c0 cn 0 0 O 0 Q m O CO i CO 0 0 O 0 (L) O N N v •zt O O >• O in co cn O N Q Q EA 69 69 EA 69 EA 69 69 69 69 C CZ a) U O N cc N N U.) N Z LU z 0 Lu Z 0 0 C.7 U > 0 Cl) LU F- Q LU z — Q U Z w w z a < uiC6 w W m N N UlL Cl) ZC) z 0 z w ats ►-' O N O L. Z Z Z 0w C7 w _ 0 Q N X O}• H Z Li Ca W < < U.. f. F- < < F- w J Ci W J H Q 0W O Q cc O Q w W D H le z F- } v m z ce Cl) 0 0 H w N N a Q 2 2 v') U N 1-- Proposed Budget for Ocean Drive District Services 1995/1996 Security $353,840 Two "On Duty" MBPD officers $126,440 plus 1/2 of sergeant Private Security 312 hrhveek $227,400 Sanitation $186,160 320 hrs. per week @ $9.00 $149,760 Supplies and Materials $18,400 Uniforms, & Misc. $18,000 Park Maintenance & Signs $68,870 Flowers, Shrubs, Sod and Trees $21,950 Labor for trimming, sand removal, litter control, and general maintenance as well as repairs and improvements to street and park furniture. $16,920 Supervisor for parks & sanitation. $30,000 staff. Associated Overhead Costs $86,007 FICA $17,607 Health Insurance $26,000 Unemployment Insurance $9,200 Workman's Compensation $17,000 Secretarial & Audit Support $16,200 Marketing & Special Events $50,250 Street Festivals, Video and other promotional related projects. Management $92,700 Salary of manager $65,000 Added payments to manager $10,000 for retirement & auto costs Rent $2,500 Office supplies $4,000 Telephone, Beepers & radios $11,200 Total Budget $837,827 Sources of Funds City of Miami Beach $493,827 Special Assessment $262,000 Table tax portion $82,000 Total Available $837,827