20150211 SM11915.2015
MIAMIBEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 1
City Hall, Gommission Chambers, 3rd Floor, 1700 Convention Genter Drive
February 11,2015
Mayor Philip Levine
Vice-Mayor Joy Malakoff
Commissioner Michael Grieco
Commissioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visrf us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Ghapter 2, Article Vll, Division 3 of the City Gode of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any Iobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
R5 - Ordinances
R5B Nonconforming Buildings - Balconies
An Ordinance Amending The Code Of The City Of Miami Beach, Florida By Amending Chapter
118, "Administrative And Review Procedures", Article lX, "Nonconformances," By Amending
Section 1 18-395, "Repair And/Or Rehabilitation Of Nonconforming Buildings And Uses," By
Modifying And Clarifying Allowable Additions To Non-Conforming Buildings; Providing For
Codification; Repealer; Severability; Applicability; And An Effective Date. 10:15 a.m. Second
Readinq Public Hearinq
(Sponsored by Vice-Mayor Joy Malakoff & Commissioner Michael Grieco)
(Legislative Tracking: Planning)
(First Reading on January 14,2015 - RsF)
(Ordinance)
1
Supplemental Agenda, February 11, 2015
R7 - Resolutions
R7A A Resolution Adopting The Second Amendment To The General Fund, Enterprise Fund, lnternal
Service Fund And Special Revenue Fund Budgets For Fiscal Year (FY) 2014115 And Accepting The
Recommendation Of The Finance And Citywide Projects Committee Regarding Resort Tax Quality
Of Life Funding Allocation. 10:05 a.m. Public Hearinq
(Budget & Performance lmprovement)
(Memorandum & Resolution)
2
NON CONFORMING BUILDINGS - BALCONIES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA BY AMENDING CHAPTER 118,..ADMINISTRATIVE AND REVIEW PROCEDURES", ARTICLE IX,
ENTITLED "NONCONFORMANCES,'' BY AMENDING SECTION 118.395, ENTITLED "REPAIR AND/OR REHABILITATION OF
NONCONFORMING BUILDINGS AND USES,'' BY MODIFYING AND
CLARIFYING ALLOWABLE ADDITIONS TO NON.CONFORMING
BUILDINGS; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; APPLICABILIW; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 118, of Article lX; at Section 118-395, provides for
regulations relating to nonconforming uses and structures; and
WHEREAS, certain properties may have been constructed without balconies, or
may desire to enlarge existing balconies, and may want to add that amenity to their
property, but would be precluded from doing so under the nonconformance section of
the Code; and
WHEREAS, while not increasing nonconforming structures or uses, a revision to
Section 118-395 would make clear that a property may add a balcony or other similar
structure(s), provided there are no issues relating to exceeding required maximum Floor
Area Ratios, or any possible violation of setback requirements; and
WHEREAS, the amendments set forth below are necessary to accomplish all of
the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter ll8, "Administrative and Review Procedures," Article lX, entitled
"Nonconformances," and Section 118-395, entitled "Building nonconforming in height,
density, parking, floor area ratio or bulk," are hereby amended as follows:
Sec. 118-395. - Repair and/or rehabilitation of nonconforming buildings and uses.
(a)Nonconforming uses. lf a building which contains a nonconforming use is,
repaired or rehabilitated at a cost exceeding fiftv (50) percent of the value of
the building as determined by the building official, it shall not be thereafter
used except in conformity with the use regulations in the applicable zoning
district contained in these land development regulations and all rights as a
nonconforming use are terminated.
Agenda ttem 85E-
Date 2:fl:1{
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(b)Nonconform i n g bu i ld i ng s.
(1) Nonconforming buildings which are repaired or rehabilitated by less
than fifty (50) percent of the value of the building as determined by the
building official shall be subject to the following conditions:
Repaired or rehabilitated residential and/or hotel units shall
meet the minimum unit size requirements as set forth for the
zoning district in which the property is located. The number of
units in the building shall not be increased.
The building shall have previously been issued a certificate of
use, certificate of completion, certificate of occupancy or
occupational license by the City to reflect its current use.
Such repairs or rehabilitation shall meet the requirements of the
City property maintenance standards, the applicable Florida
Building Code, and the Fire Safety Code.
lf located within a designated historic district, or an historic site,
the repairs or rehabilitations shall comply substantially with the
Secretary of lnterior Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Structures, as amended, as well as
the certificate of appropriateness criteria in Article X of these
Land Development Regulations. lf the repair or rehabilitation of
a contributing structure conflicts with any of these regulations,
the property owner shall seek relief from the applicable building
or Fire life-Ssafety Ceode.
e. Anv new construction shall comply with the existinq eu+rerlq{
development reoulations in the zonino district in which the
propertv is located, orovided however.
Oatconies.
ba{,ee+ies. includino proiectinq balconies and balconies
supported bv columns, not to exceed a depth of 30 feet from an
existinq buildinq wall. and-mav be permitted_€s__a_ hcighl
exceotion. The addition of balconies mav be oermitted ,
inelsdin€-up to the heiqht of the hiqhest habitable floor for a
buildinq non-conforminq in heioht. provided such balconies
meet applicable FAR and setback requlations=, Any-addition_of
a Oatconv in a nonco
review and approval of the desiqn review board or historic
preservation board, as may be applicable.
Nonconforming buildings which are repaired or rehabilitated by more
than fiftv (50) percent of the value of the building as determined by the
building official, shall be subject to the following conditions:
a. All residential and hotel units shall meet the minimum and
average unit size requirements for rehabilitated buildings as set
forth in the zoning district in which the property is located.
b. The entire building, and any new additien construction shall
meet all requirements of the City property maintenance
standards, the applicable Florida Building Code and the Fire
Safety Code.
a.
b.
c.
d.
(2)
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4
The entire building and any new additien construction shall
comply with the current development regulations in the zoning
district in which the property is located. No new floor area may
be added if the floor area ratio is presently at maximum or
exceeded.
SECTION 2. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION
It is the intention of the City Commission, 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, as amended; that the sections of this Ordinance may be re-
numbered or re-lettered to accomplish such intention; and that the word "ordinance"
may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk
Philip Levine, Mayor
day of ,2015.
First Reading:
Second Reading:
January 14,
F ry1
Verified By:
R.
Planning Director
(Sponsor Commissioner Joy Malakoff)
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COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA,
ADOPTING THE SECOND AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND,
]NTERNAL SERVICE FUND, AND SPEC]AL REVENUE FUND BUDGETS FOR FISCAL YEAR
(Fy)2014/15 AND ACCEPTTNG THE RECOMMENDATTON OF THE FTNANCE AND C|TYWtDE
PROJECTS COMMITTEE REGARDING RESORT TAX QUALITY OF LIFE FUNDING
ALLOCATIONS.
lntended Outcome Su
Ensure expenditure trends are sustainable over the long term.
Supporting Data: N/A
Item Summary/Recommendation :
The budgets for the General Fund, Enterprise Funds, lnternal Service Funds, and Special
Revenue Funds for Fiscal Year 2014115 were approved on December 4,2014, with the adoption
of Resolution No. 2014-28860.
The First Amendment to the General Fund, Enterprise Funds, lnternal Service Funds, and Special
Revenue Funds budgets for FY 2014115 was approved on December 17,2014, by resolution
2014-28864. Section 166.241(4)(c.), Florida Statutes, requires that a municipality's budget
amendment must be adopted in the same manner as the original budget.
The Second Amendment would accept the recommendation of the Finance and Citywide Projects
Committee regarding Resort Tax quality of life funding allocations, add funding for the Centennial
Celebration, add funding for the Residential Housing program, and enhance parking lot
cleanliness.
Financial lnformation :
Source of
Funds
Amount Account
$3,687,000 Transportation Fund
$1.000,000 Resort Tax Fund
$476,000 Residential Housino Prooram Fund
$105,000 Sanitation Fund
Clerk's Office islative T
John Woodruff, OBPI Director
fiGET{DA '"O R7 A
oiriZ-1t T& MIAfiAISHACH 7
g MIAMI BEACH
City of Miomi Beqch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
C MMISSIO MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
February 11,2015
A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE
GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND AND
SPEC|AL REVENUE FUND BUDGETS FOR FTSCAL YEAR (FY)2014t15 AND
ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITWVIDE
PROJECTS COMMITTEE REGARDING RESORT TA)( QUALITY OF LIFE
FUND!NG ALLOCATIONS.
ADMINISTRATION RECOMMENDATION
Adopt the resolution amending the FY 2014115 General Fund, Enterprise Funds, lnternal
Service Funds, and Special Revenue Funds budgets and acceptthe recommendation of the
Finance and Citywide Projects Committee regarding Resort Tax quality of life funding
allocations.
KEY INTENDED OUTCOME SUPPORTED
Ensure expenditure trends are sustainable over the long term.
ANALYSIS
The budgets for the General Fund, Enterprise Funds, lnternal Service Funds, and Special
Revenue Funds for Fiscal Year 2014/15 were approved on December 4,2014, with the
adoption of Resolution No. 2014-28860.
The First Amendment to the General Fund, Enterprise Funds, lnternal Service Funds, and
Special Revenue Funds budgets for FY 2014115 was approved on December 17,2014,by
resolution 2014-28864. Section 166.241(4)(c.), Florida Statutes, requires that a
municipality's budget amendment must be adopted in the same manner as the original
budget.
The Second Amendment would accept the recommendation of the Finance and Citywide
Projects Committee regarding Resort Tax quality of life funding allocations, add funding for
the CentennialCelebration, add funding forthe Residential Housing program, and enhance
parking lot cleanliness.
TO:
FROM:
DATE:
SUBJECT:
8
Second Amendment to the FY 2014/1 5 General Fund, Enterprise, lnternal Seruice, and Special Revenue Funds Budgets
Page 2
Qualitv of Life Fundinq Allocations - Resort Tax Fund and Transportation Fund
Prior to FY2014t15, 50% of the third penny of Resort Tax funded five quality of life
categories (arts and tourism-related capital projects in North, Mid and South Beach) in equal
amounts of 20%. The remaining 50% funded debt service on RDA bonds as a supplemental
pledge until RDA funds became available as taxable values increased over time. For
FY2014115, the resort tax pledge from the RDA bonds was released resulting in an
additional $6.1 million becoming available for funding to the five quality of life categories.
At the Finance and Citywide Projects Committee held on February 2,2015, the Committee
approved a modified split of these additional funds as follows: 15% for Arts, Mid, North and
South Beach and 4Oo/o for Transportation. The Administration hereby accepts this
Committee recommendation and proposes to amend the Resort Tax Quality of Life category
allocations accordingly as well as recognize the additional revenue and appropriation of
$3,687,000 to the Transportation Fund.
The additional Transportation funds are anticipated to be used to expand the City's trolley
system. ln addition to the recently implemented North Beach Loop, additions to the City's
trolley system under consideration include a proposed Mid-Beach Loop, Collins Link, and
South Beach Loop.
Centennial Gelebration - Resort Tax Fund
The Second Amendment would increase the Resort Tax Contingency by $t million to
reimburse operationalexpenses anticipated from the Centennial Celebration. Anticipated
expenses include overtime, equipment, enhanced services, and miscellaneous expenses for
affected departments such as Police, Fire, Emergency Management, Public Works-
Sanitation, Parking, and Parks & Recreation. The necessaryfunds would come from Resort
Tax fund balance which currently exceeds the two month reserve established during FY
2013114. The funds would be budgeted in Resort Tax Contingency, which would require the
City Manager's authorization before being allocated and spent.
Residential Housinq Proqram - Residential Housing Proqram Fund
The City acquired the Lottie Apartments, Madeleine Village Apartments and Neptune
Apartments using Neighborhood Stabilization Program (NSPI ) funds awarded to the City via
the Florida Department of Economic Opportunity. After the City subtracted its closing costs
forthe acquisition of these properties, an operating reserve of $135,655.28 remains. These
funds are required to be used to meet the operational needs of the properties including
repairs and maintenance expenses.
Going fonruard, these properties will generate rental income. The rental income generated
will be used to: maintain the properties; hire a staff person to certify tenants and ensure
property compliance with HOME rules; create a security deposits account; and a
replacement reserve. The City has begun the process of recertifying the tenants within the
aforementioned properties to ensure that rent collections are appropriate.
A budget amendment is required to establish a special revenue fund which will discreetly
track the revenues and expenses of each apartment. The amendment recognizes the pro-
rated anticipated revenue and expenses totaling $476,000 through the remainder of the
fiscal year.
9
Second Amendment to the FY 2014/1 5 General Fund, Enterprise, lnternal Seruice, and Special Revenue Funds Budgets
Page 3
Parking Lot Cleanliness - Sanitation Fund
The cleanliness report for the first quarter revealed ratings over the 1.5 goal for parking lot
cleanliness. Poor ratings in certain parking lots were determined to be a result of illegal
dumping, organic matter and full trash receptacles. Lots are cleaned on predetermined
schedules, and some lots are not cleaned daily. The day, time and frequency of
observations will affect ratings. Nevertheless, the goal is to keep all lots at a 1.5 rating
condition on a consistent basis.
ln an effortto improve lot conditions (and ratings) the following action plan was developed:
o Adding a roving crew consisting of three employees Thursdays through Mondays
starting at 1:00 P.M. through 9:30 P.M. These are considered peak days and times.
This crew will pick up litterand leaves and emptytrash cans resulting from lot usage.
Special attention will be given to lots that scored poorly in previous evaluations as
well as those lots that are not cleaned on a daily basis. lt is understood that deep
cleaning cannot occur while lots are full. However crews will be able to improve lot
conditions and address concerns between cleaning schedules. Additionally, this
crew and regularly scheduled crews will correct deficiencies reported by parking
operations staff.o lncreasing the number of inspections per quarter to at least one per month at varied
times, weekdays and weekend days. This will serve to provide averages and will
also serve to identify times and locations needing additional attention.o lnstructing parking operations staff to notify the parking dispatcher of observed or
reported deficiencies. Dispatchers will e-mail the information to sanitation operations
supervisors, who will in turn dispatch a crew to correct observed deficiencies.
Deficiencies reported outside of scheduled work hours will be given top priority and
will be addressed as soon as a crew is available.
To evaluate the success of this plan, the Sanitation and Parking Departments will
periodically deploy staff to assess lot conditions. Modifications to staffing hours and levels of
staffing will be implemented as necessary.
These services will be undertaken by the Public Works-Sanitation division, and will require
an additional crew of three workers at a cost of $105,000. This budget amendment
proposes increasing the Sanitation Fund budget by $105,000, to be funded by an increase in
revenues from sanitation fees charged to the Parking department. No amendmentwould be
necessary to the Parking Fund as existing Contingency funds would cover the additional
expense.
CONCLUS!ON
The Administration recommends that the Mayor and City Commission adopt the Second
Amendment to the General Fund, Enterprise Fund, lnternal Service Fund, and Special
Revenue Fund Budgets for Fiscal Year (FY) 2014115.
JLM: JW
10
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ADOPTING THE SECOND AMENDMENT TO
THE GENERAL FUND, ENTERPRISE FUND, INTERNAL
SERVICE FUND, AND SPECIAL REVENUE FUND
BUDGETS FOR FTSCAL YEAR (FY) 2014115 AND
ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE
REGARDING RESORT TA)( QUALITY OF LIFE FUNDING
ALLOCATIONS.
WHEREAS, the budgets for the General Fund, Enterprise Funds, lnternal
Seruice Funds, and Special Revenue Funds for Fiscal Year 2014115 were approved on
December 4,2014, with the adoption of Resolution No. 2014-28860; and
WHEREAS, the First Amendment to the General Fund, Enterprise Fund, lnternal
Service Fund, and Special Revenue Fund budgets for Fiscal Year 2014115 was
approved on December 17,2014, with the adoption of Resolution No. 2014-28864; and
WHEREAS, the proposed budget amendment accepts the recommendation of
the Finance and Citywide Projects Committee regarding Resort Tax quality of life
funding allocations, adds funding for the Centennial Celebration, adds funding for the
Residential Housing program, and enhances parking lot cleanliness as reflected in the
attached Exhibit "A".
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission
hereby adopt the Second Amendment to the General Fund, Enterprise Fund, lnternal
Service Fund, and Special Revenue Fund Budgets for Fiscal Year (FY) 2014115 as
shown in Exhibit "A".
PASSED and ADOPTED this 11th day of February,2015.
ATTEST:
PHILIP LEVINE, MAYOR
RAPHAEL E. GRANADO, CITY CLERK
1-n
-
Dote
t'l
CityAttomeY
11
ENTERPRTSE FUNDS
REVEN UEIAPPROPRTATIONS
Convention Center
Pa rking
Sa nitation
Sewer Operatlons
Stormwater Operations
Water Operatiorls ....... . .....
Total Enterprise Funds
s 12,152,000
50,140,000
105,000 20,430,000
43!Z76pOO
20,8131000
' 33,428,000
Exhibit "A"
FY zot4lts
Amended Budget
t2,t62,OOO
50r140.000
20r325r000
43,276!000
20,813t00O
33,428,000
Proposed
Amendment
Fl 2O1.4lLS Proposed
Amended Budget
180.1tr4.oo0 s 105.000: S 180.249.000
Ft2OL4|LS
Amended Budget
Proposed
Amendment
FY 2OL4ltS Proposed
Amended Budget
REVEN UE/APPROPRTATTONS
Resort-T-.g1 ,,
Tra nsportation
People's Transportation Plan Fund
7th Street Garag€
5th & Alton Garage-City's Share of Shortfall
Art ln Public Place-s
Residential Housing Progra m
Tourism and Hospitatlty Scholarship Pgmmg
,
lnformation and Communitation Tech Func '
Cultural Arts Council
I
lotice C-o-nfiscatlo1l JrysJ .1state- .. :. ,
Police Special Revenue
Police T-raining
Waste Haulers Add Serv & Public Benefit
64.351,000
3,096,000
1,677,O00
2,38s,000
s8-7,000
." 7""89",999 :
0
142pOO
39s,000
107f000
356,000
89.5fooq.r.. ..----*
a?3,0*99..-.-......
.
I,467,000 t
255,OOO :
683,000 :
,277!N9 :....
751000
45t000
77,OOO
6s,351,000
6,783,000
t,677,OOO
2,38s,000
587,000
_7.89,009
_47q.poo
L42,OOO
395r000
107,000
3s6,000
896,009
433,000
1,467p00
255,000
683,000
.,.2-7..7-!"0-00-
z_5,ooo
45-000
77,OOO
1,000,000
3.687.000
476,000
TotalSpecial Revenue Funds : S 78,103,000 s 5,153,000 s 83,265,@0
12
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