95-21675 Reso RESOLUTION NO. 95-21675
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 MAYOR
AND CITY COMMISSION OF 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.
WHEREAS, Sections 170 . 01-170 . 21, Florida Statutes, allow for
"the levy and collection of special assessments against property
benefitted for the purpose of stabilizing and improving retail and
or wholesale business districts and/or nationally recognized
historic districts for promotion, management, marketing and other
similar services in business districts of the municipality" ; and
WHEREAS, by Resolution No. 95-21674 adopted July 26,
1995 , the Mayor and City Commission determined that it is necessary
for the welfare of the citizens of Miami Beach to provide these
services and created 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; and
WHEREAS, Section 170 . 07 , Florida Statutes, requires that a
public hearing be held to hear the testimony of all property owners
to be assessed and any other interested parties pertaining to the
propriety and advisability of providing such services, the cost
thereof, the manner of payment therefore, and the amount thereof to
be assessed against each property so improved within the Ocean
Drive Management District No. 3 ; and
WHEREAS, Section 170. 08, Florida Statutes, provides that final
consideration of the special assessment will be given after hearing
testimony from the affected property owners as to providing the
services and funding them with special assessments, and further
provides that following testimony, the Mayor and City Commission of
the City of Miami Beach shall make a final decision on whether to
levy the special assessments, and thereafter, the Mayor and City
Commission shall convene itself as an Equalizing Board to hear and
consider all complaints that may be made as to the amount of any
particular special assessment and shall adjust and equalize the
assessments on the basis of justice and right, and when so
equalized and approved, a final assessment roll shall be filed with
the City Clerk' s Office, and such assessments shall stand
confirmed; and
WHEREAS, a preliminary assessment roll has been completed and
filed of record with the Clerk of the City of Miami Beach.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
of the City of Miami Beach, Florida:
Section 1. All findings and recitals contained in this
resolution are hereby adopted and incorporated
herein.
Section 2 . A public hearing is hereby scheduled to take place
before the Mayor and City Commission in the City
Commission Chamber, 1700 Convention Center Drive,
Miami Beach, Florida, on September 13 . 1995 at 2 : 00
p.m. The Mayor and City Commission shall hear
testimony of all affected property owners and those
persons interested in the Ocean Drive Management
District No. 3 .
PASSED and ADOPTED this 26th . :y of J y , 1995.
ALM\ _ALAI' 'IP I
/
MAYOR
ATTEST:
FORM APPROVED
LEGAL DEPT.
City Clerk By _ J G�
RA:KM Date '1-Za-����_ 1:2,0 .__ .
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
r
COMMISSION MEMORANDUM NO. L. Lj
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: July 26, 1995
FROM: Jose Garcia-Pedrosa 1,
City Manager
SUBJECT: 1) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMeI 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 — I
DATE — 2 G-
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.
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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 hr/week $227,400
Sanitation 5186,160
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