Item Coversheet

Ordinances - R5  A




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:September  30, 2021
 

5:05 p.m. Second Reading Public Hearing

SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES," BY AMENDING SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING SECTIONS 82-382 AND 82-383 THEREOF, TO ABATE SIDEWALK CAFE FEES FOR PERMITTEES LOCATED NORTH OF 63RD STREET, FROM THE EFFECTIVE DATE OF THIS ORDINANCE THROUGH AND INCLUDING SEPTEMBER 30, 2023; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.

RECOMMENDATION

The Administration recommends approving the Ordinance on Second Reading, Public Hearing at the September 30, 2021 City Commission meeting.

BACKGROUND/HISTORY

Chapter 82 of the City of Miami Beach Code of Ordinances authorizes the City to charge restaurants with sidewalk cafes a $159.00 base application fee and $27.00 per square foot annual fee, in order to stimulate businesses for sidewalk cafes in the North Beach Area.

 

In 1998, pursuant to Ordinance No. 98-3146, the annual sidewalk café fees, per square footage, were abated for restaurants located on 71st Street, Normandy Drive, Normandy Fountain Circle and/or Ocean Terrace, thru September 30, 1999. Pursuant to Ordinance No. 2000-3237, adopted on April 12, 2000, the City Commission extended the annual sidewalk café fee abatement to September 30, 2001.

 

On January 15, 2003, the Finance and Citywide Project Committee (FCWPC) recommended that the City of Miami Beach again waive the annual sidewalk café fees for all business north of 63rd Street and annually review this waiver during the budget cycle.

 

On February 26, 2003, the City Commission adopted Ordinance No. 2003-3397 which reinstated the annual sidewalk café fee abatement, subject to a two-year budget analysis and review by the City’s Administration. Later that same year, on July 30, 2003, the City Commission adopted Ordinance No. 2003-3423 repealing the annual sidewalk café fee abatement provisions.

 

On July 19, 2013, the City Commission heard item R9P, “A Discussion to Immediate Reinstate the Fee Waiver for Sidewalk Cafes in North Beach” submitted by Commissioner Jerry Libbin, and approved a referral to the Finance and Citywide Project Committee (FCWPC), and requested that the item be brought back to the City Commission with a proposed Ordinance. On September 19, 2013, the FCWPC recommended that the annual sidewalk café fee abatement be re-instated. On October 16, 2013, the City Commission adopted Ordinance No. 2013-3824, abating the annual sidewalk café fees for businesses north of 63rd Street to September 30, 2015.

 

Since 2013, the annual sidewalk café fee abatement for businesses north of 63rd Street has been extended for two years each in 2015, per Ordinance No. 2015-3968, 2017, in 2017, per Ordinance No. 2017-4144 and in 2019, per Ordinance No. 2019-4320. The annual sidewalk café fee abatement is set to expire on September 30, 2021. 

 

The Administration desires to continue an annual sidewalk café fee abatement for businesses north of 63rd Street, to encourage continued economic development and revitalization of the North Beach Area.

 

On September 17, 2021 the City Commission had the title of the Ordinance read into the record and made a motion to proceed to the September 30, 2021 meeting for a Second Reading Public Hearing.

ANALYSIS

In line with the City's strategic plan for prosperity, the attached Ordinance extending fee abatement encourages the revitalization of North Beach Area. To date, approximately 11 businesses have benefited from the fee abatement. 

 

FINANCIAL IMPACT

Presently, north of 63rd Street, there are eleven (11) restaurants with sidewalk cafes with a total footprint of 2,981 square feet.

SUPPORTING SURVEY DATA

Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City show that 73% of residents rated the overall image of the City as very satisfied/satisfied. In order to continue maintaining excellent standards in this area, the City recommends that the City Commission approve the Ordinance on Second Reading Public Hearing. 

CONCLUSION

The Administration recommends approving the Ordinance on Second Reading, Public Hearing at the September 30, 2021 City Commission meeting.

Applicable Area

North Beach
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 

Strategic Connection

Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality entertainment destination.
Legislative Tracking
Public Works
Sponsor
Vice-Mayor Ricky Arriola

ATTACHMENTS:
Description
Ordinance