2010-27447 ResoRESOLUTION NO! 2010-27447
A RESOLUTION OF'THE MAYOR AND.CITY COMMISSION OF THE CITY-OF
MIAMI BEACH, FLORIDA, REQUESTING THAT THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) GRANT-THE CITY A PUBLIC PURPOSE LEASE ON
5T".STREET (A1A) FROM ALTON ROAD-EAST TO COLLINS AVENUE, WHERE
THE CITY PROPOSES TO ISSUE PERMITS FOR SIDEWALK CAFES,: AND
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
AN AGREEMENT FOR SAID LEASE.
WHEREAS, the FDOT maintains land for public transportation for the citizens of the State of
Florida including 5th Street (A1A) in Miami Beach; and
WHEREAS, the City believes a designated sidewalk cafe zone will enhance aesthetics and
encourage pedestrian activity along a major entry corridor to the City; and
WHEREAS, the City and FDOT must enter into a Public Purpose Lease in orderforthe City
to issue sidewalk cafe permits within the FDOT right-of-way; and_
WHEREAS, FDOT is reviewing its policy for granting Public Purpose Leases; and
WHEREAS, FDOT has indicated that the City could proceed with its request for a Public
Purpose Lease while its policy is under review.
WHEREAS, the City proposes to issue permits for sidewalk cafes within the FDOT right-of-
way on 5th Street between Alton Road and Collins Avenue.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission request that the
Florida Department Of Transportation grant the City a Public Purpose Lease on 5th Street (A1A)
from Alton Road east to Collins Avenue, where the City proposes to issue permits for sidewalk
cafes, and further authorizing the City Manager to negotiate and execute an Agreement for said
lease.
PASSED AND ADOPTED this, /~~ day of.f~ 2010.
ATTEST:
~~~~~ '
.CITY CLERK Y R
T:\AGENDA12010Wu1y 14\Consent\5th St Sidewalk Cafe Reso.doc
APPROVED AS TO
FORM & LANGUAGE
~& FnH EXECUTION
COMMISSION ITEM SUMMARY
Condensed Title:
Resolution Requesting That The Florida Department Of Transportation (FDOT) Grant The City A Public
Purpose Lease On 5th Street (A1A) From Alton Road East To Collins Avenue, Where The City Proposes To
Issue Permits For Sidewalk Cafes, And Further Authorizing The City Manager To Negotiate And Execute An
Agreement For Said Lease.
Key Intended Outcome Supported:
Maintain public areas and rights-of-way citywide
Supporting Data (Surveys, Environmental Scan, etc.): According to 2009 Customer Satisfaction Survey;
80.2% of residents report attending "restaurants" 10 or more times annually.
Issue•
Shall the Ci Commission a rove the Resolution?
Item Summa /Recommendation:
The City of Miami Beach is seeking to enhance the aesthetics and encourage pedestrian activity along the 5
Street corridor between Alton Road and Ocean Drive. This corridor is a major entryway to the City with
commercial developments and restaurants that provide significant economic activity within the City. .
Staff approached FDOT, the owner of the 5th Street (A1A) right-of-way, to determine the appropriate process
for permitting sidewalk cafes within its right-of-way. FDOT indicated that if the City wishes to provide permits
for sidewalk cafes along 5th Street, it would require a Public Purpose Lease. FDOT grants this type of lease to
a governmental entity or school board for social, environmental, or economic purposes.
While Public Purpose Leases are granted by the FDOT district offices, the FDOT general counsel's office in
Tallahassee is presently reviewing the Public Purpose Lease policy. However, FDOT has indicated that it
would be willing to review a request for a Public Purpose Lease from the City while the review is underway. A
resolution by the City Commission requesting a Public Purpose Lease is a necessary step in the process, and
FDOT will begin its review of the request should the City adopt this resolution.
Passing a Resolution at this time would, therefore, shorten the timeframe for the City to be able to issue.
sidewalk cafe permits, since the FDOT negotiation of the lease agreement and the FDOT review of the Public
Purpose Lease policy could then proceed simultaneously.
Adviso Board Recommendation:
N/A
Financial Information:
Source of Amount Account ` : 'Approved `'
Funds:
2
3
4 .:
OBPI °Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
F.V. - 6399
Sign-Offs•
~De artment=D' a ;Assistant C' Mana er ;. C' ~Mana er
FHB JGG JMG
. - -~
T:WGENDA12010Wu1y 14\Consent\5th St Sidewalk Cafe Summary.doc
m MIAMIBEACH
UU
AGENDA STEM ~ 7 ~
DATE 7-/y /0
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachH.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
i
FROM: Jorge M. Gonzalez, City Manager
DATE: July 14, 2010
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, REQUESTING THAT THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) GRANT THE CITY A PUBLIC PURPOSE LEASE ALONG
THE 5T" STREET (A1A) CORRIDOR FROM ALTON ROAD EAST TO COLLINS
AVENUE, WHERE THE CITY PROPOSES TO ISSUE PERMITS FOR SIDEWALK
CAFES, AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT FOR SAID LEASE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Not applicable.
BACKGROUND
The City of Miami Beach is seeking to enhance the aesthetics and encourage pedestrian activity
along the 5th Street corridor between Alton Road and Ocean Drive. This corridor is a major entryway
to the City with commercial developments and restaurants that provide significant economic activity
within the City.
Staff approached FDOT, the owner of the 5th Street (A1A) right-of-way, to determine the appropriate
process for permitting sidewalk cafes within its right-of-way. FDOT indicated that if the Citywishes to
provide permits for sidewalk cafes along 5th Street, it would require a Public Purpose Lease. FDOT
grants this type of lease to a governmental entity or school board for social, environmental, or
economic purposes. This instrument is a requirement in order to place any activity as sidewalk
cafes within any FDOT right-of-way.
While Public Purpose Leases are granted by the FDOT district offices, the FDOT general counsel's
office in Tallahassee is presently reviewing the Public Purpose Lease policy. However, FDOT has
indicated that although the current Public Purpose Lease policy is being reviewed, FDOT would
accept a request for a Public Purpose Lease from the City while the review is underway. One
requirement is a resolution from the govemmental entity requesting the Public Purpose Lease. Thus,
this item is brought to the City Commission for its consideration.
City Commission Memorandum - 5`~' and Alton Road Sidewalk Cafe Agreement
July 14, 2010
Page 2 of 2
ANALYSIS
A resolution by the City Commission requesting that FDOT grant a Public Purpose Lease is a
necessary first step in the sidewalk cafe permitting process, and FDOT will begin its review of the
lease request upon the City adopting this resolution.
Passing a Resolution at this time would, therefore, shorten the timeframe for the City to be able to
issue sidewalk cafe permits by helping expedite negotiation of the lease agreement with FDOT while
it reviews the Public Purpose Lease policy.
CONCLUSION
,~
The Administration recommends that the Mayor and City Commission approve a Resolution
requesting FDOT to grant a Public Purpose Lease to allow sidewalk cafes on 5th Street between
Alton Road and Collins Avenue and authorizing the City Manager to negotiate said lease.
JMG/JGG B/
T:WGENDA\2010Uu1y 14\Consent\5th St Sidewalk Cafe Memo.doc