NCAC Feb 17-2017MIAMIBEACH
OFFICE OF THE CITY MANAGER COMMITTEE MEMORANDUM
TO: Neighborhood/Community Affairs Commiftee
Commissioner Micky Steinberg, Chair
Commissioner Michael Grieco, Vice-Chair
Commissioner Kristen
Commissioner John Elizabeth
FROM: Jimmy L. Morales, City Manager
DATE: February 17,2017
SUBJECT: MEETING OF THE NEIGHBORHOOD/COMMUNITYAFFAIRS COMMITTEE (NCAC) ON
FRIDAY, FEBRUARY 17, 2017
A meeting of the NeighborhoodiCommunity Affairs Committee has been scheduled for Friday,
February 17,2017 at 10:00 am in the Commission Chambers, 3'd Floor of City Hall.
The agenda for the meeting is as follows:
OtD BUS,,VESS
1. Discussion Regarding The Possible Addition Of A Skate Park ln North Shore Open
Space Park RENAMED AS Discussion Regarding A Skate ParU Parking Structure At
The 72nd Street Parking Lot (P92)
Commission ltem R9E, January 13,2016
(Sponsored by Commissioner Arriola and Co-Sponsored by Commissioner AlemSn)
Jeff Oris, Economic Development Division Director
2. Discussion Regarding Miami Beach United (MBU) "Residents' Right To Know"
Proposal
Commission ltems R9land R9P, June 8, 2016
(Sponsored by Commissioner Grieco and Commissioner Rosen Gonzalez)
Office of the City Attorney
3. Discussion Regarding The Temporary Relocation Of Maurice Gibb Playground
Commission ltem R9F, July 13,2016
(Sponsored by Commissioner Rosen Gonzalez)
John Rebar, Parks and Recreation Director
Status: Deferred to the March 17,2017 meeting, pending designs and community
charrette.
4. Discussion Regarding The Future Activation And Programming Of Lummus Park
Commission ltem R9AN, October 19,2016
(Sponsored by Commissioner Arriola)
Eva Silverstein, Tourism, Culture, and Economic Development Director
l\e ore committed to prov'ding excellent public seruice ond sofe,y- ro oll who live work. ond ploy ,n our vibronr rropical hisforic communttv
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to
review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice) or 305673-721 8 (TTY) five days in advance to
initiate t,our request. TTY users may also call 711 (Florida Relay Service).NCAC#1
5. Discussion On An Additional Designated Dog Area ln North Beach
Commission ltem C4D, November 9, 2016
(Sponsored by Commissioner Steinberg)
Eric Carpenter, Assistant City Manager/Public Works Director
6. Discussion Regarding The Site Plan For North Shore Open Space Park
Commission ltem C4A, January 11,2017
(Capital !mprovement Projects)
David Martinez, Capital lmprovement Projects Director
7. Discussion Regarding Traffic Calming Per The Request Of The Sunset lsland I and
ll Homeowners
Commission ltem C4Q, December 1 4,2016
(Sponsored by Commissioner Steinberg)
Jose Gonzalez, Transportation Director
8. Discussion Regarding Lowering Speed Limits And/Or Traffic Calming ln Residential
Neighborhoods
Commission ltem R9F, January 11,2017
(Sponsored by Commissioner Grieco)
Jose Gonzalez, Transportation Director
Status: Deferred to the March 17,2017 meeting, pending additional analysis.
9. Discussion Regarding PotentialTraffic Calming lmprovements ln The Nautilus
Neighborhood
Commission ltem C4N, December 14, 2016
(Transportation)
Jose Gonzalez, Transportation Director
10. Discussion To Consider Expanding The Miami-Dade County Human Trafficking
Signage Ordinance And Requiring That A Sign Be Displayed Throughout All
Establishments ln Miami Beach
Commission ltem C4O, December 14,2016
(Sponsored by Commissioner Alem6n)
Aleksandr Boksner, Deputy City Attorney
11. Discussion Regarding Funding For A Permanent Park Ranger Detail At The North
Shore Community Youth Center Recreational Area
Commission ltem C4T, December 14, 2016
(Sponsored by Commissioner Alem5n)
John Rebar, Parks and Recreation Director
12. Discussion Regarding The Concession Agreements For Motorized And Non-
Motorized Vessels At The Barry Kutun Boat Ramp
Commission ltems C7D, C7E, C7F, C7H, R7L, and R7M, December 14, 2016
(Parks and Recreation)
John Rebar, Parks and Recreation Director
NCAC#2
13. Discussion Regarding A Possible Plaque At The Normandy Pool Commemorating
The Contributions Of The Late Warren Green, Longtime Pool Manager Who Passed
Last Year
Commission ltem R9G, December 1 4,2016
(Sponsored by Commissioner Grieco)
John Rebar, Parks and Recreation Director
14. Discussion On Offering Miami Beach As A Pilot City For Uber Self-Driving Cars
Commission ltem C4B, January 11,2017
(Sponsored by Commissioner Rosen Gonzalez)
Jose Gonzalez, Transportation Director
Status: Deferred to the March 17,2017 meeting, pending additional information.
15. Discussion Regarding Potential Uses Of A Rotunda ln Gollins Park
Commission ltem C7Q, January 11,2017
(Tourism, Culture, and Economic Development)
Eva Silverstein, Tourism, Culture, and Economic Development Director
16. Discussion Regarding The Creation Of Legacy Business Registry And Other
Possible Programs Designed To Support And Protect Small Businesses
Commission ltem R9K, January 11,2017
(Sponsored by Commissioner Grieco)
Eva Silverstein, Tourism, Culture, and Economic Development Director
17. Discussion On The Creation Of A Miami Beach Hal! Of Fame And Establishing
Criteria Placement And Selection Process
Commission ltem R9R, January 11,2017
(Sponsored by Commissioner Steinberg)
Eva Silverstein, Tourism, Culture, and Economic Development Director
MONTHLY CRIME UPDATE
18. Monthly Crime Update
Commission ltem R9D, April 13,2011
(Sponsored by Commissioner Grieco)
Samir Guerrero, Police Major
,VEryBUS"VESS
19. Discussion Concerning Future Use Of The West Lots
Commission ltem C4A, February 8,2017
(Tourism, Culture, and Economic Development)
Eva Silverstein, Tourism, Culture, and Economic Development Director
20. Discussion Regarding Commissioning An Artist To Paint The North Beach Water
Towers
Commission ltem C4M, February 8,2Q17
(Sponsored by Commissioner Arriola and Co-Sponsored by Commissioner Alem6n)
Eva Silverstein, Tourism, Culture, and Economic Development Director
NCAC#3
21. Discussion Regarding The Maintenance Of Public Bathrooms Citywide
Commission ltem C4N, February 8,2017
(Sponsored by Commissioner Grieco)
John Rebar, Parks and Recreation Director
Adrian Morales, Property Management Division Director
22. Shane Watersports Resolution A Resolution Of The Mayor And City Commission Of
The City Of Miami Beach, Florida, Authorizing Pursuant To Section 142-425 Of The
City's Code, The Waiver Of Certain Regulations Applicable To The Ronald W. Shane
Watersports Center, Located At 6550 lndian Creek Dr, Miami Beach, Florida;
Waiving By A 5/7th Vote Of The City Gommission, After Public Hearing, The
Development Regulations ln A Gu (Government Use) District, Which Regulations
Are Found At Section 142-422 And 142423, Entitled "Main Permitted Uses," And
"Private Uses," ln Order To Waive The Requirements Relating To A Neighborhood
lmpact Establishment For The Current Operation Of The A Hall For Hire Located At
The City-Owned Ronald W. Shane Watersports Genter Owned (Land Lease), And
Operated By Miami Beach Watersports, lnc.
Commission ltem R782, February 8,2017
(Sponsored by Commissioner Grieco)
Tom Mooney, Planning Director
23. Discussion Regarding The City Of Miami Beach Branding-Municipal Logo
Commission R9E, February 8,2017
(Marketing and Communications)
Tonya Daniels, Director of Marketing and Communications
24. Discussion To Reconsider The City's Use Of Bonded Aggregate For Tree Pits
Commission ltem R9O, February 8,2017
(Sponsored by Commissioner Alem6n)
Eric Carpenter, Assistant City Manager/Public Works Director
NCAC#4
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
DISCUSSION REGARDING THE POSSIBLE ADDITION OF A SKATE PARK IN NORTH
SHORE OPEN SPACE PARK RENAMED AS DISCUSSION REGARDING A SKATE PARK/
eARKING srRUcruRE AT THE 72no STREET eARKING Lor (p92)
Commission ltem R9E, January 13,2016
(Sponsored by Commissioner Arriola and Co-Sponsored by Commissioner Alem6n)
Jeff Oris, Economic Development Division Director
lreu # 1
NCAC#5
MIAMIBEACH
City of Miami Beach, 1700 Convention
www.miamibeachfl.gov
Center Drive, Miami Beach, Florida 33139,
COMMITTEE MEMORANDUM
TO: Chair and Members of the
Committee
FROM: Jimmy L. Morales, City Manager
DATE: February 17,2017
SUBJECT: Discussion Regarding The ible Addition Of A Skate Park ln
North Shore Open Space Park RENAMED AS Discussion
Regarding A Skate ParktParking Structure At The 72nd Street
Parking Lot (P92)
The purpose of this memorandum is to update the Committee as to staff's efforts
regarding the potential placement of a skate park in North Beach and the Committee's
request for staff to provide additional information regarding additional activities the City
may be looking to locate in North Beach.
BACKGROUND:
For several years, the City has had within its work plan to site and construct a skate park
within the municipal limits. Multiple sites have been explored throughout the City with
each location posing challenges. These challenges include resident objections to the
use close to their homes that the City has been unable to mitigate to date. Nonetheless,
the City has continued to pursue a site for such a park due to the demand from the local
skating community and local residents who would like to have a place for skaters to
enjoy their sport.
ln the Spring of 2015, Velosolutions USA, a locally-based company, made presentations
to the Parks and Recreation Board and the Mayor's Blue Ribbon Panel on North Beach
regarding a mixed use, all-wheels, pump track concept. This concept varies from a
traditional skate park in that it is more of a contoured and graded track suitable for
skateboards, rollerblades, bicycles and the like, and it is more suited to use by persons
of all ages and skill levels. A traditional skate park, while useable by rollerbladers and
certain bicyclists, is more for skateboard riding and would include steeper ramps and
other elements on which to launch into various "tricks".
During the last year or so, the North Beach community has become more accepting of
the location of a skate park or all wheels track within this area of the City, and the
members of the Neighborhood/Community Affairs Committee (NCAC) asked for staff to
seek potential locations in North Beach for the siting of one or both of these types of
facilities. Several locations were presented to the NCAC at their April 15,2016 meeting.
The NCAC asked for three staff recommended sites; the 72nd Street (P92) Parking lot,
NCAC#6
the West Lots (those lots on the west side of Collins Avenue between 79th Street and
87th Street), and the south end of North Shore Open Space Park to be brought to a
public workshop in North Beach for the purposes of gathering the input of the public. ln
addition, the NCAC also requested that input be obtained from the Parks and Recreation
Facilities Advisory Board and the Mayor's North Beach Master Plan Steering Committee.
At the aforementioned public input meeting, held on May 25, 2016, the public in
attendance suggested the location at the North Shore Open Space Park as their desired
site. lt was clear that the public actually favored the 72nd street lots location, but
indicated preference for the park location due to an anticipated time lag on constructing
a park on the parking lot. The Parks and Recreation Facilities Advisory Board also
recommended the North Shore Open Space Park location at their May 2016 meeting.
The North Beach Master Plan Steering Committee requested conceptual drawings of
each of the three sites before committing to support a particular location. Unfortunately,
the Committee was sunset before the drawings could be reviewed and thus it made no
recommendation.
The NCAC, at the October 21,2016, was presented with conceptual drawings of a skate
park in the three locations under consideration. After a short discussion, it was clear the
Committee unanimously favored the 72nd street parking lot with an understanding that
the placement of a skate park at this location will cause a loss of parking spaces in the
existing lot. The NCAC requested that staff return to the November meeting with more
information regarding the loss of parking if a skate park is located at the site, the
potential for reconfiguring the parking lot with a parking structure, the inclusion of
greenspace on this block, and the inclusion of other amenities as outlined in the recently
adopted North Beach Master Plan.
The City's Parks and Recreational Facilities Advisory Board adopted the following
motion at their November 2,2016 meeting.
The Parks and Recreational Facilities Advisory Board has for the past year been
discussing various recreational facilities and locations. After giving a lot of
consideration and reviewing the North Beach Master Plan, it seems most efficient
to the board to consolidate the following four (4) sports activities into the
conceptual design of the 72nd Street Lot in order to create a recreational sports
corridor: a competitive pool, batting cages, skate park and regulation size soccer
field. Parking and the appropriate life safety considerations for crossing Harding
Avenue should also be considered in the plan.
The uses contemplated on the site by this motion will have implications on the need for
additional new parking. Additionally, the North Beach Master Plan contemplated the
siting of a skate park at this site under all three scenarios illustrated for this site. One of
the scenarios presented also showed the potential for an open multi-use, however, this
scenario did not include any parking on the block at all. Thus, the siting of more
recreational uses at this site would be incompatible with the master plan
During the December 9, 2016 NCAC meeting, the committee members requested
additional information to determine if the activities and rudimentary site plan presented
by staff at the meeting consisted of "the right pieces in the right configuration" for the
site. ln response, staff has researched other area needs which are outlined later in this
memorandum. At the December meeting, the members also asked for the input of the
Finance and Citywide Project Committee. lt was found that this item was not dual
referred to both committees and thus a referral of this item is being placed on the
February 8,2017 Commission agenda.
NCAC#7
A SKATE PARK AT THE 72ND STREET (P92) PARKING LOT
This 72nd Street Parking lot, also known as lot Pg2, is an entire block bounded by 72nd
Street on the South, 73'd Street on the North, Collins Avenue on the East and Harding
Avenue on the West. The lot contains 320 parking spaces and it serves the general
commercial uses to the south and north of the lot, as well as providing parking for the
North Shore Park and Youth Center, the beach, and for events at the North Beach
Bandshell. Given the uses the lot serves, it sees peak usage on the weekends, when
beach use is highest, and during special events at the bandshell and at the North Shore
Park and Youth Center that draw larger crowds for several hours at a time.
An all-wheels skate park placed at this site would be maximized at about 28,000 square
feet in area. The park could be as small as 9,000 square feet, but it has been evaluated
at the maximum size thus far. ln an effort to provide conformity with the North Beach
Master Plan (issues related to the North Beach Master Plan will be explored later in this
memorandum) and to minimize neighborhood impact, it would be suggested that the
skate park be placed on the northern side of the block that is now the 72nd Street lot.
This will move the activity as far away from the heavy activity on Collins Avenue and
from Burleigh House residential tower while still placing the activity near the North Shore
Youth Center. This location also allows for a more direct connection of the skate park to
the Beachwalk at Ocean Terrace and 73'd Street. Connection to the Beachwalk was a
high priority for those that attended the May 25th public input meeting. Additionally, this
location will allow for the future development of a parking structure more to the southern
(72nd Street) side of the block as contemplated in the North Beach Master Plan.
lf the City were to maximize the size of the skate park and provide the largest
contemplated footprint of 28,000 square feet, the park would occupy the area of
approximately 100 parking spaces in the existing lot. With this assumption, the staff
contacted Walker Parking Consultants, who had prepared a 2014 parking analysis of
North Beach, and asked for a basic assessment of what the loss of these spaces would
mean to the parking occupancy levels of the lot. The resulting analysis can be found in
Table 1.
The calculations in Table 1 do not include additional parking that would be needed for
visitors to the skate park. While many users of the park will ride skateboards to the
location, the park could be a draw from a larger area and thus attract users that will
arrive by automobile. Staff is working with Walker Parking Consultants to ascertain
parking needs for the park, however, additional research is required to make a more
direct correlation of parking demand from such a use due to varying types of skate parks
and the limited number of such public parks locally, in the state, and across the Nation.
TABLE I - Parking Occupancy lmpact
NCAC#8
Observed Conditions
Block/tot lnventory Noon
Sat
4:0 PM 9:@ PM
Weekday
1t0AM 2:6PM 7:0PM
L3lP92 305
Occuponcy
Potential Conditions
1s6
s1%
304
lIXfr
2U
67'.r6
76
2s%
81
2n6
109
%16
Block/tot lnventory Noon
Sat
4:0 PM 9:8 PM
Weekday
1t@AM 2:0PM 7:SPM
2Utm 76
3796
81
ry/6
109
5Y/6
'plus added demand of skate park
Table 1 (Observed Conditions) shows that without factoring in the additional parking
needs of the skate park, the lot experiences full occupancy only in the late afternoon on
Saturdays with the remainder of the Saturday and weekdays showing significant
vacancy throughout the day. When the loss of 100 spaces (Potential Conditions) is
considered, it shows that weekday parking needs could be accommodated, but Saturday
usage would become even more deficient. Again, this analysis does not address the
additional need for parking due to the skate park though lt is unlikely that the additional
need would put occupancy over capacity during weekday periods, but it would place
even more burden on the Saturday parking need.
Additional parking needs that may come from expected development in the area,
coupled with even somewhat successful North Beach revitalization efforts, would then
mean that this lot would start to see additional demand pushing occupancy levels even
higher.
RECOMMENDATIONS IN THE NORTH BEACH MASTER PLAN
The adopted North Beach Master Plan focuses on the future potential of the 72nd Street
Parking lot (P-92) as anchor of greenspace/civic use. lt was, however, immediately
recognized during the planning process that the lot serves the parking needs of the
events at the North Beach Bandshell, North Shore Park and Youth Center, and visitors
to the beach and thus the greenspace/civic uses would need to be accomplished without
the loss of the 320 parking spaces the lot provides. These spaces serve the area for
major events at the Bandshell, North Shore Youth Center and Park, and the beach and
have the potential to serve the Town Center area. lt is for these reasons the Master Plan
describes and includes several illustrations that show a progression of the parking from
its current state to a valet lot that is significantly smaller in footprint than the current lot
but with no loss of spaces, to ultimately a full parking structure (see lllustration 1). The
illustrations show parking to be in the southwestern portion of the lot specifically so that it
can continue to serve the aforementioned facilities, but so that it can also have some
orientation and be suitable for future uses in the Town Center area as it would be
located only one block from the area.
t3l P92 26
Occupancy
1s6
7696
w
,N
NCAC#9
ln addition to the above, residents in our public input meetings often expressed a desire
for the City to keep this lot in civic use and to maintain greenspace so that it was clear
that the land from the "ocean to the bay" was public domain. The illustrations also show
how the lot was further designed to keep open space across the northern half of the
block with an active skate park and open fields/lawns to maximize activities.
The lot's design in the Master Plan also addresses another lingering issue in the area;
The curve in Collins Avenue, the open space due to Bandshell Park, and the
greenspace at the eastern edge of the 72nd Street parking lot act as a barrier to
pedestrians continuing to walk northward to the commercial area north of 73'd Street on
Collins Avenue. The visual barrier these components present makes pedestrians feel as
if they have come to the end of the commercial district and thus, they do not continue to
walk towards those businesses north of 73'd Street that are not visible to them. Two
smaller buildings are shown in the illustration as a way to assure pedestrians that the
commercial district continues. The buildings are described as potentially caf6s with
outdoor seating areas or other more public types of uses such as a library or community
center (see Map 1).
Other City requirements and desires were also outlined in the Master Plan for any
parking structure placed at the site. These included the need for retail, commercial,
office space on the ground floor and the potential to include residential units as part of
the project or to ensure the structure was designed for easy conversion to residential if
there is not sufficient need for parking in the future to warrant the structure's continuation
as a parking garage. While not specifically mentioned in the Master Plan, the ground
floor of a parking structure, due to its limited commercial potential and proximity to the
North Shore Youth Center, could be an ideal location for a teen center or for the
relocation of the library. lt would also be appropriate to consider including a skywalk or
other direct connection above the roadway from the parking structure to the Youth
Center to increase safety for those traversing Abbott Avenue. This connection could also
encourage more parking in the garage, thereby alleviating parking pressure on the
parking lot at North Shore Park.
ADDRESSING PARKING NEEDS
The illustration from the North Beach Master Plan shows a parking structure at the
southwestern podion of the block. lt further shows the structure occupying about two-
thirds of the western half of the block. The City Code currently allows a majority parking
structure on the site to be up to 87 feet in height. However, only the lower 50 feet of this
could be used for parking while upper floors could be used for other residential or
commercial uses, but are probably not that desirable at this site. At a 50 foot height limit,
the structure would be limited to four stories: ground floor retail/civic uses with some
parking and three floors of parking. The structure was shown with this configuration so
that it could serve all of the needs of the area and allow for a pedestrian extension of
Harding Avenue from the south through the new park. This would provide an inviting
view to drivers as well as allowing the road to terminate in a greenspace rather than with
the side of a parking structure.
Following what is allowed in the City code, a structure configured as illustrated would
provide approximately 270 spaces with 45,000 square feet of useable space for location
of a civic center, teen center, retail space, or for relocation of the public library. An
additional story could be added to the structure with a waiver by the City Commission,
yielding 44 more spaces for a total of 360. The waiver could be appropriate as it may
only be for about 5-10 feet to account for higher ceiling height on the ground floorthat
NCAC#10
would be appropriate for retail and to address future sea level rise. Additionally, several
more spaces could be made available if the entire ground floor were not dedicated to
civic or retail space. The number of additional spaces at the ground floor would depend
on the space needed for access to them and the amount of space made available.
This scenario gains approximately 40 spaces as compared to the current lot capacity,
but it does not account for the approximately 150 spaces that would be required if the
entire ground floor of the structure were to remain non-parking space (based on a retail
use at 1 space per 300 square feet), thereby continuing to leave the area in a parking
deficit compared to what exists today. lt would not be required that the entire ground
floor be used for non-parking uses and some parking could be located on the first level
thus increasing the amount of parking and decreasing the amount required for the new
uses in the structure. Additional parking would also be required to serve the skate park,
though as mentioned, we do not yet have the information to determine the number
required. lt should be noted that the City Commission has the right to waive or reduce
certain parking requirements, which would be appropriate if more civic uses such as a
library or teen center were to utilize the space.
To satisfy overall area demand and increase the amount of parking available for the
Town Center area's future revitalization, the parking garage could also vary from the
Master Plan to occupy more of the southern half of the lot (see Map 2). While this may
spoil the more pedestrian-friendly design, the potential to combine what is shown as a
parking garage and a building for retail or civic use in the Master Plan and provide for a
larger garage with ground floor civic and retail uses may also be appropriate. The
southern half of the block can easily provide for a structure footprint that, with waiver for
an additional floor, could provide closer to 500 spaces. lf a structure were designed that
utilized twothirds of the southern half of the lot (approximately 59,000 square feet) and
utilized the assumptions from the previous example of Commission waivers for an
additional floor, this five-story garage would yield a minimum of 472 spaces if the entire
ground floor were dedicated to non-parking uses. These ground floor uses would also
generate a demand for an additional 196 spaces if the retail parking requirements are
utilized. lt would be more likely that some ground floor spaces would be more
appropriate than 59,000 square foot of non-parking uses in this location, which would
increase the number of spaces and decrease the additional demand due to the non-
parking uses.
There is significant space on the southern half of the block that can be used as
described above, or another configuration could be designed that would change all of
the elements around on the lot to provide for a more efficient use of the lot overall whlle
maintaining parking, the skate park, appropriate civic uses and any other desired uses.
PARKING STRUCTURE COSTS
Basic cost estimates for building a parking structure can be determined by using the
City's current parking space cost factor of $30,000 per space for construction of parking
structures + 30o/o of this cost added on for soft costs (design and other). Table 2 shows
costs of the examples given and two sizes between the examples. lt should be noted
that these are just estimates and there will probably be additional costs based on the
type of ground floor uses (Table 2 assumes no ground floor parking).
TABLE 2 - Estimated Parking Structure Costs
NCAC#11
Sq. Ft Area # of Spaces Cost
45,000 360 $14.400.000
50,000 400 $16,000.000
55,000 440 $17,600,000
59,000 472 $18,880,000
It is estimated that there is $2.8 million available in North Beach lmpact Fees/Fees in
lieu of Parking which can be used to increase parking availability in the North Beach
area. The Commission could chose to develop the program for the lot today, but
implement it over time, thus allowing time to develop the funding for the garage.
NON.SKATE PARK POTENTIAL USES ON THE 72ND STREET LOT
Staff has reviewed the needs/wants of other departments and the public and has created
Table 3 which shows potential uses that might be placed at this site and the area, in
square feet, that they might require. Both the library and skate park could be designed to
occupy a smaller area while all of the uses could be designed to take up more area.
TABLE 3 - Potential Uses and Recommended Area
Use Area Needed
Librarv*5,500 sq. ft.
Skate Park 28.000 so. ft.
Teen Center*8.600 so. ft.
Battinq Cages (2 Caqes @ 65'x 15'each)1.950 so. ft.
Reoulation Soccer Field 64,800 sq. ft.
Multi-purpose Field 79.550 so. ft.
Parking Structure 45,000 sq.ft.
to
60.000 so. ft.
Parks and Recreation Offices*< 3.000 sq. ft.
Code Compliance Area Office*900 sq. ft.
Social Services lntake Facilitv*500 so. ft.*Uses noted could be located either on the ground floor of a parking structure or
in a civic building
It is important to note that the square footage provided in the above table is for the use
itself and does not include buffers or separation areas, nor does it include space for
spectators. This additional square footage need will depend on configuration, available
space, and other factors.
The master plan did not contemplate batting cages, a soccer field or a large multi-
purpose field to be located on this site. The plan did however, suggest a skate park and
parking structure (with a teen center or library as the ground floor use), along with kiosks
and a civic building along the eastern side of the lot for the purpose of maintaining
continuous visible use and activity along the Collins Avenue Corridor. Sizes for the
kiosks and civic building are not shown in the table as they can be quite flexible and rely
more on design and location to perform their function.
A number of the uses indicated in the table (those marked with "*") are suited for the
ground floor or for a civic building and may not impact the placement of other uses but
may compete with one another for available building space.
NCAC#12
This list is not an endorsement of any of the uses, but merely a list of facilities that are
continuously requested or for which the City has been seeking a location.
UT!LITIES
Since the December 9, 2016 NCAC meeting, staff's continuing investigation has
uncovered another significant issue that must be addressed. There are substantial
utilities both below ground and above ground at this site (see attached map). Significant
stormwater, water, and sewer systems are present and most would require relocation to
construct the parking structure. Additionally, a significant electrical transmission line
crosses a portion of the property
Engineering was consulted on this matter and it was indicated that the utilities are aged
and are most likely in need of replacement at this time though they are not currently
scheduled for replacement. The utilities do present a significant funding/timing obstacle
to any other project on the site however, without a defined development plan or
understanding of the area utility needs, the scope or cost of the obstacle cannot be
determined at this time.
NEXT STEPS
lf the Committee would like to move fonrard with investigating the creation and funding
of a skate park, construction of a parking garage, and construction of other public
amenities at the 72nd Street lot, several things would need to be decided:
. How large should the skate park be?. How much parking needs to be located on the site?. lf a parking structure is desired, how large should it be?o What ground floor uses should be accommodated if a parking structure is to be
built?o What activities the City should look at placing on this site?. ls it desired to undertake a more thorough review of the utilities to determine
what utilities would need to relocated/replaced?
To begin to answer these questions, it is recommended that staff undertake a more
detailed analysis of the utilities in the area to determine needs and potential cost of
relocation/replacement. Once this information is completed, a determination can be
made on whether to prepare a full design of the lot to show future structures, uses, and
utility locations. This design should seek to balance the size of the skate park and other
uses contemplated by the Master Plan, while simultaneously maximizing the amount of
parking spaces and the amount of greenspace provided on the block and insuring no
conflicts with utilities needed to service the area.
ADM! NISTRATION RECOMM ENDATION
It is recommended that the Committee seek a detailed analysis of the existing utilities
and a basic cost estimate for relocation/replacement of the utilities. This will allow the
Committee to determine if a complete development program is appropriate. lf the site is
still deemed appropriate for the desired enhancements, the administration would then
seek direction as to whether a more detailed site design should be undertaken to
determine how the desired activities might be placed on the lot and where utilities may
be relocated. This additional design would allow for more detailed cost estimates and
development timelines to be produced.
NCAC#13
Additionally, the administration recommends changes the title of this item to "Discussion
of the Placement of a Skate Park, Parking Structure, and Other Activities at the 72nd
Street Parking Lot (P92)" to avoid misleading anyone regarding the current direction of
the item.
Should you have any questions regarding the draft plan, please contact Jeff Oris at (305)
673-7577 x6186.
C: Kathie Brooks, Assistant City Manager
Eric Carpenter, Assistant City Manager/Public Works Director
Eva Silverstein, Tourism, Culture and Economic Development Director
John Rebar, Parks and Recreation Director
Saul Frances, Parking Director
Vanessa Williams, Tourism, Culture, and Economic Development Assistant
Director
Jeffrey Oris, Economic Development Division Director
NCAC#14
d
zol-
G,l-]a
=JJ
NCAC#15
:di. .r
rJ
iH'-rgl"
t
t
I*r
Iiffi
a!
ffi
'&,r s"ffirM rffi
W@-Q-s p ffie-&ffifffi
TWh'B,a ffi,,n,1@ i} .W
WEIffiWM{;,e ,ffiMMffikffi*'
t'Tr
tffi
f, .ffi
- ll*n! I
tt
ill
NCAC#16
n$rEiidfu.*mq| {**ffi{i
y 'Eq-fW{ etfi&, Od .f o,. ;r ,l lJ)k." , ,*S
It,l
,r
'G?
I
mI
I:"
lffi
( ,'ffi*ii
.I
{i,fi
.Y
S] u)
{n;.
u1o'do
d'?
N
o-
E
NCAC#17
I
o
dI
E. €E E I r .EE r "tE -i.ii ;e;;ri!i;Er e E A iil; ieo:s Ei6E -: t I
" EftE, iuFs E *i us,'; tf,;s i g*i ; e : ; pt;sEfE ; g;
E =;33 v t.tt.33.,.+.3arr r'3s.fi3'.31o.3:,nr
iIt
hl
=i
L;j
'l
il
I
EAdz
tz
;o
Ear9E-*ei
=;b
t
iT?*E.:62iE$
Ui
Lii
4
'E
d
r
6
,E
=
6eo9tt5o
,9
o:q3Oo@R
(oo
l^-g:lrJ i
bq
-!F>
NCAC#18
rjll$#ii#$,
t $-' &til':r!tlltlttl[ ',lS $ilrl lticltrq'. .: i!\}tifl'::-l
!
...
-!fr
rit,,.!:'
tf ' r
.ii ;
a.
.1;, ..
frr
I $ : tlc" \ta- . _.:i
' I -r' r:li5-.1,b"
,:-+J -*ts# ;{li
#
$]
i{',f?
Hil
r[
r{r
[.'ffi $
4c,F
CJEI
=
=o
CJ
Ui,
F
CJ
EI
=
lr|
c5trlEI
EIF
IF
CJ
c,F
J
=F
=utl-or
NCAC#19
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
DlscussloN REGARDING MIAMI BEACH UN|TED (MBU) ,,RESIDENTS' RtcHT TO KNOW"
PROPOSAL
Commission ltems R9l and R9P, June 8, 2016
(Sponsored by Commissioner Grieco and Commissioner Rosen Gonzalez)
Office of the City Attorney
lreu #2
NCAC#20
Givic lnitiative
Residents' Right to Know
Draft 1-27-17
Prepared by the City Attorney
and Miami Beach United,
following a meeting on 1-17-17
It shall be the policy of the City to provide targeted neighborhood notice, timely opportunities for input, and
procedural fairness in hearings for any proposed policy, ordinance, project, or other matter that is subject to City
Commission or land use board approval, and which potentially impacts residents' quality of life in particular
neighborhoods.
1. lmpacts to residents' qualitv of life. Matters that potentially impact residents' quality of life shall include:
(a) any issue that has been formally raised by board resolution of a registered neighborhood
association;
(b) an application for development review before the City's land use boards, or any proposed zoning
legislation before the City Commission, that includes the potential for material increase in traffic
over current levels; increases in building height, base elevation, intensity, density, or FAR; or
aggregation of land use;
(c) development proposals that require approval by the City Commission which propose
(i) changes of use or commercialization in a public park, public beach, or other public
property or public easement;
(ii) the design and implementation of a streetscape, transit, pedestrian, parking, or area
improvement project (other than routine repairs and maintenance); and
(d) any material or significant change to any of the matters listed in (a) through (c) above.
2. Taroeted neiohborhood notice. The City shall adopt a process for registering resident neighborhood
associations (and individuals who also choose to register) and shall provide targeted electronic notices on
matters that potentially impact residents' quality of life, as defined above. Targeted neighborhood notices at
each step in the public process, excluding emergency matters requiring immediate action, shall be in
addition to any other public notices required by law.
3. Timelv opportunities for input. Once a matter that potentially impacts residents' quality of life (as defined
above) is referred to a committee or land use board, or once a matter is placed on an agenda for approval by
the City Commission, the City shall ensure that registered neighborhood associations (and individuals who
also choose to register) have an opportunity to participate in City processes that shape any matter that
potentially impacts residents'quality of life (as defined above).
4. Procedural fairness in quasi-iudicial hearinqs. The City shall ensure that representatives of registered
neighborhood associations (and individuals who also choose to register) shall have the opportunity at quasi-
judicial hearings before the City's land use boards or the City Commission to present or rebut evidence
relevant to matters that potentially impact residents' quality of life. This shall include the opportunity to
request a time certain for the convenience of the public. Registered neighborhood associations (and
individuals who also choose to register) do not need to retain legal counsel to exercise these procedural
rights. Notices of filing, and a copy of each quasi-judicial application, shall promptly be made available on
the City's website, and amendments thereto or supplemental information shall be filed and promptly made
available on the City's website in advance of the date of a scheduled hearing.
NCAC#21
5.Deferral or reconsideration. A registered neighborhood association (or individual who chooses to
register) may request deferral of any matter, which required targeted notice, or the reconsideration of
that matter, if such matter is not duly noticed pursuant to this Residents' Right to Know. A
reconsideration may only be requested at the publicly noticed land use board or City Commission
meeting immediately following the meeting at which the challenged action was taken. However, the land
use board or City Commission shall have the sole discretion to grant or deny any such request.
Amendment or repealer. Any amendment to this Residents' Right to Know (including the repealer of any
provision herein) shall require the affirmative vote of six-sevenths (6/7ths) of the City Commission.
6.
NCAC#22
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
DISCUSSION REGARDING THE FUTURE ACTIVATION AND PROGRAMMING OF LUMMUS
PARK
Commission ltem R9AN, October 19,2016
(Sponsored by Commissioner Arriola)
Eva Silverstein, Tourism, Culture, and Economic Development Director
lrem # 4
NCAC#23
(9 MIAMIBEACH
City of iliqmi Beqch, ,l700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMITTEE MEMORANDUM
TO: Neighborhood/Community Affairs C
FRoM: Jimmy L. Morales, City Manager
DATE: February 17,2017
SUBJECT DISCUSSION REGARDING THE IFUTURE ACTIVATION AND PROGRAMMING OF
LUMMUS PARK
BACKGROUND
On May 12,2015, Mayor Philip Levine created the Mayor's Ocean Drive Task Force. The purpose of
the Task Force was to undertake an examination of conditions on Ocean Drive, from 5th to 15th
Streets, and to make recommendations to the Mayor and City Commission on potential initiatives to
enhance the Ocean Drive experience for the City's visitors and residents.
On January 13, 2016, the City of Miami Beach Mayor's Ocean Drive Task Force issued a report
detailing recommendations that would improve Ocean Drive and the immediately surrounding
community; creating a family-friendly, safe environment without diminishing its commercial energy;
enhancing its reputation as one of the world's most iconic destinations; and thoughtfully highlighting
its internationally acclaimed architecture, park, and beach. Of the twenty-nine recommendations, two
points focused on arts and culture, including identifying a concessionaire to implement regular
Lummus Park arts and crafts shows and to partner with community art patrons and institutions to
install sculptural art.
The Commission originally considered the recommendations of the Ocean Drive Task Force at the
Commission's January 13,2016 meeting at which time a presentation was made regarding the Task
Force's report. After the presentation, the Commission referred the report to the Land Use and
Development Committee for further vetting.
The Land Use and Development Committee met on February 3, 2016 in a special meeting to discuss
the Ocean Drive Task Force's report. At this meeting, the Land Use and Development Committee
members supported the recommendations to activate the park and suggested expanding activation to
potentially include music events for families. The Committee returned the item to the City Commission
with a recommendation to approve all of the park activation-related recommendations.
The City Commission received the recommendations of the Land Use and Development Committee
and discussed the Ocean Drive Task Force report at their March 9,2016 meeting. The Commission
adopted the Plan and specifically tasked Max Sklar, then Director of Tourism, Culture and Economic
Development to collaborate with the Cultural Arts Council in any selection of a concessionaire to
implement arts and crafts shows in the park to ensure authentic, unique items were sold.
Mr. Sklar investigated the potential of hosting regular arts and crafts fairs and public art activations. lt
mmittee Me
NCAC#24
Page 2 of 2
Activation and Programming of Lummus Park
Neighborhood/ Community Affai rs Commiftee
February 17,2017
was concluded that the City would need a minimum of $100,000 to initiate these activities. This
amount was submitted during the FY 16-17 budgeting process as a budget enhancement. Due to
limited funding, this budget enhancement was not recommended for funding by the Administration.
The FY 2016117 Budget was adopted by the City Commission as recommended without funding for
the Lummus Park activation.
Commissioner Arriola included a discussion item regarding activation and programming of Lummus
Park at the October 19,2016 Commission meeting. After discussion expounding the benefits of arts
activations to area businesses and the public, specifically interactive public art in the park, the
Commission made a duel referral of the item to the Neighborhood/Community Affairs Committee and
to the Cultural Arts Council for further discussion.
Staff from the Tourism, Culture and Economic Development Department held several meetings with
the Ocean Drive Task Force, including with Jonathan Plutzik, Chair, Ocean Drive Task Force on
Tuesday, October 25, 2016. The Ocean Drive Task Force expressed great interest in activating
Lummus Park with large scale, temporary public art installations. There was also great interest in a
producing a curated "artisanal market" that would feature unique, handmade items such as jewelry,
art objects, fresh flowers and locally produced foods. lt is important to note, the food vendors would
offer items such as cheeses, chocolates, fruits, vegetables, etc. which would be specifically curated
so as not to compete with the area restaurants.
Following the meeting with the Ocean Drive Task Force, Tourism, Culture and Economic
Development staff began addressing these specific recommendations. At its meeting on December 8,
2016, the Cultural Affairs Council expressed great interest in identifying funding for public art and
cultural programming in Lummus Park, and voted to continue the discussion at the upcoming January
5,2017 meeting, noting that a strategic, curatorial approach for funding and programming should be
considered.
On December 9, 2017, staff from the Tourism, Culture and Economic Development Department
presented a report to the Neighborhood/Community Affairs Committee Members that outlined
possible activations for Lummus Park, including temporary public art installations, cultural
programming, and an artisanal market. Staff was instructed to seek guidance from the Cultural Arts
Council regarding potential funding and provide the Neighborhood/Community Affairs Committee
Members a follow up report at its February 17,2017 meeting.
ANALYSIS
On January 5, 2017, the Cultural Arts Council formed the Lummus Park sub-committee, which is
composed of five Council members, Charles Million, Dawn McCall, Laurence Moser, Britta Hanson
and Roger Baumann, whose task is to identify funding solutions and cultural programming for
Lummus Park. The sub-committee, which will meet on a monthly basis, held its first meeting on
January 19,2017. The meeting began with an overview of the City of Miami Beach parks system by
Cynthia Casanova, Assistant Director, City of Miami Beach Parks and Recreation Department and
followed with a presentation by Jeff Feldman, Member, Ocean Drive Task Force, who provided
committee members with an overview of the Ocean Drive Task Force Report and status of Lummus
Park.
NCAC#25
Page 3 of 2
Activation and Programming of Lummus Park
Neighborhood/ Community Affairs Committee
February 17,2017
As a result of this meeting, the Cultural Arts Council Lummus Park sub-committee developed the
following five recommendations:
1. Establish a Funding Source for Arts and Cultural Activations in Lummus Park
ln establishing the Ocean Drive Business lmprovement District, it was recommended
that a percentage of funds be solely dedicated to the commissioning of arts and
cultural events in Lummus Park. However, to ensure the continued commissioning of
public art and cultural activations for Lummus Park, creative solutions for partnerships
and alternate funding sources must be identified.
2. Create a "Blanket Permit"
Cultural Affairs staff will work with the Office of Special Events to explore a "blanket
permit" that will allow for a series of cultural activations to take place in Lummus Park.
This will allow a season of events to occur without individual permits having to be
pulled by each presenting cultural organization.
3. Establish a Curatorial Vision
The committee recommended hiring a "resident" company to program activations for
Lummus Park, a concept similar to the Rhythm Foundation at North Beach Bandshell
or Miami New Drama at the Colony. The presenting organization would be tasked with
incorporating all artistic disciplines. lt was duly noted that hiring a resident company
would take time and significant financial resources.
4. lssue a Callto Miami Beach CulturalAnchors
ln order to create activations as soon as possible, the committee recommended issuing
an open call to all sixteen Miami Beach Cultural Anchors announcing the opportunity to
work in Lummus Park and the opportunity to suggest possible programming. Miami
Beach Cultural Anchors are noted as follows: New World Symphony, Wolfsonian-
Florida lnternational Univeristy, Miami City Ballet, Miami New Drama, Miami Design
Preservation League, The Holocaust Memorial Committee, lnc., Bass Museum, Miami
Beach Urban Studios, ArtCenter South Florida, Jewish Museum of Florida, Miami
Beach Film Society, The Rhythm Foundation, Miami Beach Garden Conservancy,
Miami-Dade Public Library, Arts at St. Johns and O Cinema. As previously noted,
funding sources would need to be identified to support this effort.
5. Encourage Gultural Programming in Lummus Park through the FY 2017-18 Cultural Arts
Grant Program
On an annual basis, the Cultural Arts Council funds non-profit cultural organizations
through its Cultural Arts Grant Program. Staff is encouraging grant applicants to
suggest programming for Lummus Park as part of the application process. The
deadline for non-profit cultural organizations to submit applications for the FY 2017-18
cycle is February 24,2017. Potentially, programming funded through the Cultural Arts
Grant Program could begin as early as October 2017. (lt should be noted, grants are
awarded for cultural programming throughout Miami Beach, not specifically for parks or
outdoor pe rform ances. )
All of the above recommendations would require significant funding which would need to be
incorporated into the FY 2017118 budget cycle. These recommendations have been presented to the
Chair of the Ocean Drive Task Force. The Cultural Arts Council, Lummus Park sub-committee and
NCAC#26
Page 4 of 2
Activation and Programming of Lummus Pafu
Neighborhood/ Community Affai rs Committee
February 17,2017
staff will continue to collaborate with the entire Task Force as we refine, develop and explore these
options.
The Cultural Arts Council Lummus Park sub-committee reconvened on February 2,2017 to conduct a
site visit of Lummus Park. The objective of the visit was to assess the conditions of the site and
suggest possible locations for public art and cultural activations. The committee visited the south end
of Lummus Park, from sth to 1Oth Street, and will conduct a site visit forthe north end of the park, from
1Oth to 15th Street on March 2,2017. Potential locations will be further examined once the entire park
has been surveyed.
For the implementation of the artisanal market, Tourism, Culture and Economic Development staff
recommends the City issue a Request for Proposals to procure a specialized vendor to produce a
monthly/bi-weekly artisanal market for Lummus Park. Once the vendor is selected, Tourism, Culture
and Economic Development staff would work collaboratively with the selected vendor and the Ocean
Drive Task Force to select a curated group of artisans to participate in the market. lt was determined
that the existing market vendor contract does not allow for additional locations, therefore, a new
solicitation process must take place.
CONCLUS!ON
As recommended by the Ocean Drive Task Force, programming Lummus Park with public art and
cultural activities will create a world-class, iconic destination for tourists and residents. Tourism,
Culture and Economic Development staff will continue to collaborate with the Ocean Drive Task
Force, CulturalArts Council and Lummus Park sub-committee to ensure the successful programming
of cultural activations for Lummus Park.
The Administration is seeking the guidance of the Neighborhood/Community Affairs Committee
members regarding activation of cultural programming and procuring an artisanal market.
BR/GW A/V/ =, h
NCAC#27
Nei g h borhood/Co m m u n ity Affa i rs Com m ittee Meeti n g
FEBRUARY 17,2017
DISCUSSION ON AN ADDITIONAL DESIGNATED DOG AREA tN NORTH BEACH
Commission ltem C4D, November g, 2016
(Sponsored by Commissioner Steinberg)
Eric Carpenter, Assistant City Manager/Public Works Director
lreu # 5
NCAC#28
DIScussIoN Ar CoTUMITTEe MEETING
NCAC#29
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
DISCUSSION REGARDING THE SITE PLAN FOR NORTH SHORE OPEN SPACE PARK
Commission ltem C4A, January 11,2017
(Capital lmprovement Projects)
David Martinez, Capital lmprovement Projects Director
lreu # 6
NCAC#30
AAIAMIBEACH
Ciiy of ffliomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMITTEE MEMORANDUM
Members of the Neighborhood and
Jimmy L. Morales, City Manager
DATE: February 17,2017
SUBJECT: DISCUSSION REGARDING
SHORE OPEN SPACE PARK.
SITE PLAN FOR THE NORTH
BACKGROUND
On December'17,2014, Resolution No. 2014-28878 was adopted by the City Commission,
approving the North Shore Open Space Park (the "Project") Master Plan.
On July 9, 2015, Request for Qualifications No. 2015-211-KB (the "RFQ") was issued for
Architectural and Engineering Design Services for the Project.
On December 9, 2016, Resolution No. 2015-29233 was adopted by the City Commission,
authorizing the City to negotiate with Calvin, Giordano and Associates, lnc. (Consultant). The
negotiations were successful and an agreement was executed with the Consultant.
ANALYSIS
On September 7, 2016, a Community Presentation was held, where the design team presented
the master plan and intended design concepts. Subsequently, various design meetings, to
review operational requirements, were held with City departments, including Parks and
Recreation, Public Works, Planning, Greenspace, Environmental/Sustainability, Property
Management, Economic Development, Transportation, Police, Fire and the Building Department.
The project to renovate North Shore Open Space Park, as proposed in the 2014 master
plan, includes the following components:
o Circulation and Lighting
o Expansion and enhancement of the pathway network
o New pedestrian scale lighting
o Design and construction of the final, northernmost, section of the City's
beachwalk system
. Gateways
o New iconic gateways
o Park signage
o Planting
o Revitalized lawns
o Tree pruning for visibility
o Removal of invasive plants
o Diversified native plant palate
o Redefinition of conservation areas
TO:
FROM:
Committee
NCAC#31
North Shore Open Space Park
February 17,2017
Page 2 ot 2
. Program enhancements
o New shade structures
o Refurbished restroom facilities
o Refurbished picnic shelters
ln addition, the City's Parks and Recreation Department has asked that the project consider and
implement the replacement of the existing playground with a new playground and safety surface.
Currently, the design of the Project is approximately 30% complete. The design of the project was
scheduled to be presented at the January 3 and February 6,2017 Design Review Board (DRB)
hearings. The item was opened and continued to a subsequent meeting.
On January 11, 2017 the City Commission referred the park design to NCAC for discussion and
review. A community presentation of the design was also held on January 24,2017.
On January 27,2017, the design was presented at NCAC. Staff was directed to return to the next
Committee meeting on February 17, 2Q17 lo further discuss the playground design/location,
fence modification, tree disposition and the beach walk design.
Following the review of the project design by NCAC, the project will be presented at the Parks &
Recreational Facilities Advisory Board on March 1, 2017 and the DRB Hearing on March 7,2017.
JLM/#/S
Attachments:
Exhibit A: Project Site Plan
FICAPI\$all\_COMMISSION ITEMS AND COMMITTEE ITEMS\ Commission COMMITTEES\NeighborhoodCommunity Affairs Commiftee\February 17,
201 7\Discussion.NSOSP.SitePlan.Memo.docx
NCAC#32
(€E
o)
cI)
Eo)
(D't3
ct)ctr
E(l)
cr)oaeCL
:<
- i J1
;( : ;?Ei ! iifi.': A ii
I
d
E!rz,EE g
9iE
a;
rSX ::E
E;; .81"r:? il:Z;a : l=::TI T J6;;:E ; i9*:? E=;.:sE(
E:
9a J
:r t
:i
t =eI o:
* !I
a Jti :i
F:=
lls
i ;:,
= aaie
] :?{:!
a*.?l!l
*
i1-* 'iIe t
;s
1i
_ia
=ia
i:
l9E
EIa! Ei
l;;x c=
a* :B'.1 21!E ;r
li :<;i 2,5
vt?c
=i
t?
a?
d:
i-l:t
a:;.i
Ei
i;ii-rigr;a
ii- 4
gEl i:-. aii; l
i7e t:-;ti i
:
i
?
z
{
:
3
{{41
ii
{:
2
lE
=f5:
NCAC#33
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
DISCUSSION REGARDING TRAFFIC CALMING PER THE REQUEST OF THE SUNSET
ISLAND !AND II HOMEOWNERS
Commission ltem C4Q, December 14,2016
(Sponsored by Commissioner Steinberg)
Jose Gonzalez, Transportation Director
lrem #7
NCAC#34
MIAMIBEACH
City of Miqmi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
TTEE MEMORANDUM
TO:Neighborhood/Community Affairs
FROM: Jimmy L. Morales, City Manager
DATE: February 17,2017
SUBJECT: DISCUSSION REGARDING CALMING PER REQUEST OF THE
SUNSET ISLAND I AND II HOM
BACKGROUND
The Transportation Department received complaints regarding speeding vehicles and safety
issues in the Sunset lslands I and l! neighborhood. Sunset lslands are located to the west of
Alton Road just south of Julia Tuttle Causeway. Sunset lsland I is connected to Alton Road and
other parts of the City through 29th Street. The connection between Sunset lslands I and ll is
provided by Sunset Drive Bridge.
The road network consists of a main perimeter loop encompassing minor roads in a north and
south direction. Traffic circulates through the main loops in a one-way counter clockwise
direction. The posted speed limit in this area is 30 miles per hour. There is no traffic calming
treatment installed in this neighborhood. The minor roads which run north-south are controlled
by stop signs at the intersections.
Pursuant to the concerns of the Sunset lsland I and ll homeowners regarding speeding traffic
and safety issues, the Transportation Department has engaged a consultant to collect traffic
data to determine the need for Traffic Calming, in response to residents' complaints. The data
collection effort will occur during the month of March 2017. The data will be utilized to determine
the vehicular speeds, and volumes throughout the Sunset lslands Neighborhood, as well as to
identify any safety concerns at intersections. Following the methodology established in the City
of Miami Beach Traffic Calming Manual, staff will ascertain if traffic calming treatments are
warranted to improve the livability of the Sunset lslands Neighborhood.
CONCLUSION
This item is being presented to the Neighborhood/Community Affairs Committee (NCAC) for
4discussion and further direction.t-{il >& As
I(GB/JRGA/VAB/JFD/ASI
F:\TRAN\$ALL\Committee Memos\NCAC\2O17\February\NCAC Memo Discussion Regarding Traffic Calming Per the Request Of
The Sunset lsland I and ll Homeowners.docx
NCAC#35
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
DISCUSSION REGARDING POTENTIAL TRAFFIG CALMING IMPROVEMENTS IN THE
NAUTILUS NEIGHBORHOOD
Commission ltem C4N, December 14,2016
(Transportation)
Jose Gonzalez, Transportation Director
lreu # I
NCAC#36
MIAMI BEACH
City of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33.l 39, www.miomibeochfl.gov
COMMITTE MEMORANDUM
TO: Neighborhood/Community Affairs
FROM: Jimmy L. Morales, City Manager
DATE: February 17,2017
ommittee
SUBJECT: DISCUSSION REGARDING TRAFFIC GALMING EFFORTS IN THE NAUTILUS
NEIGHBORHOOD
BACKGROUND
Following City of Miami Beach Commission approval in February 2016, the City engaged Atkins
Global lnc. in the conduct of a comprehensive Traffic Calming Study on the Nautilus
Neighborhood. The Nautilus Neighborhood is bounded by the Biscayne Wateruay to the east,
Alton Road to the west, State Road 1 12141"t Street to the south, and 48th Street to the north.
The goals of the study were to identify and document speed, volume, and cut-through traffic
issues, if they indeed exist, and recommend potential traffic calming measures, based on the
results of field observation and technical analysis.
The data collected included Speed Data (6 locations), Vehicular Volume Data (8 locations),
Turning Movement Counts at lntersections (19 locations), and Origin-Destination Data (All
ingress and egress points). The data collected confirmed the assumptions of cut{hrough traffic,
safety concerns at intersections, speeding, and excessive volumes throughout the Nautilus
Neighborhood.
Based on the volume data collected, 47th Street, 46th Street, and Meridian Avenue show
elevated Daily Vehicular Volumes. The 85th percentile speed counts collected over 72-hours did
not show speeding along any roadway in the neighborhood; 85% Percentile speed is the
standard measure of speed in accordance to the FDOT Traffic Engineering Manual and the City
of Miami Beach Traffic Calming Manual.
In addition to the volume and speed data, the consultant conducted an Origin-Destination study
to document potential cut-through traffic. This Origin-Destination data indicated that there is no
significant cutthrough traffic in the neighborhood. However, some motorists were observed
driving through the neighborhood to avoid congestion along Alton Road in the vicinity of Mount
Sinai Hospital and the Julia Tuttle Causeway.
The results of the analysis were discussed with the Nautilus HOA Board and the Nautilus
Neighborhood HOA. The comments from those meetings were considered and included in the
recommendations of the study.
Uodate Since the December 14, 2016 City Commission Meetino
City staff met with members of the Nautilus Neighborhood HOA Board on January 11,2017 to
discuss recommendations. Based on the comments received in this meeting, staff performed
.---
NCAC#37
NCAC Memorandum: Drscussion Regarding PotentialTraffic Calming lmprovements in the Nautilus
Neighborhood
February 17, 2017
Page 2 of 2
some modifications to the recommendations and had a subsequent meeting with the Nautilus
Neighborhood HOA Board on February 1, 2017 to present the final version of
recommendations. As discussed in the meeting, the HOA Board, Consultant, and
Transportation Department staff agreed on prioritizing the recommended traffic calming
treatments in two phases as below. The phasing is based on safety needs, cost-benefit, and the
complexity of implementing the recommended improvement.
Phase 1 - Approximatelv $585.000 (includes 30o/o for design & permitting)
. lnstall6 Speed Tables along Meridian, Nautilus, 47th St & 46th St.. lmplement Demonstration Projects:. Nautilus Dr/Michigan Avel42nd St Roundabout. Meridianl42nd St lntersection. Meridian 47th St lntersection. lnstall 3 Mini-circles:. 44th SUAdams Ave. 44th SUMichigan Ave. 47th Ave/Michigan Ave. Stripe Green Bike Lanes on Meridian
' lnstall 4-Way Stop at 46th St & Michigan (Pending County Evaluation of an All-Way Stop
Control)
Phase 2 - Approximately $650.000 (includes 30% for design & permitting)
. lnstall 5 Speed Tables along 46th St & 47th St. lnstall Raised Crosswalks:. 47th Ct / Michigan lntersection. 47th St / Meridian lntersection. Tighten turning radii:. Nautilus Dr/Nautilus Ct lntersection. Meridian Ave/ 42nd St lntersection. Nautilus Dr/44th St lntersection. Nautilus Dr/46th St lntersection
' lnstall Roundabout at Nautilus Dr/Michigan Avel42nd St lntersection
CONCLUSION
This item is being presented to the Neighborhood/Community Affairs (NCAC) Meeting for
discussion and further direction.
ffiachment: Nautilus Traffic Calming Presentation
flr,,Miro ,,rro,Ae
F:\TMN\$ALL\Committee Memos\NCAC\20'17\February\NCAC Memo Discussion Regarding the Results of the Traffic Calming
Study on the Nautilus Neighborhood.docx
NCAC#38
NCAC#39
E(o
L6(o=
C l!!.9 3K
E BiH: E
E gE
c'6ooL>
=*EtiFC
E
sfsl
LAC7.e
=Q
"=o(oq.,z,?
(u
.C
.c0F
NCAC#40
NCAC#41
NCAC#42
NCAC#43
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
DISCUSSION TO CONSIDER EXPANDING THE MIAM!.DADE COUNTY HUMAN
TRAFFICKING SIGNAGE ORDINANCE AND REQUIRING THAT A SIGN BE DISPLAYED
THROUGHOUT ALL ESTABLISHMENTS !N MIAMI BEACH
Commission ltem C4O, December '1 4,2016
(Sponsored by Commissioner Alemdn)
Aleksandr Boksner, Deputy City Attorney
lreu # 10
NCAC#44
DlscussloN Ar ConnMITTET MEETING
NCAC#45
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
DISGUSSION REGARDING FUNDING FOR A PERMANENT PARK RANGER DETAIL AT THE
NORTH SHORE COMMUNITY YOUTH CENTER REGREATIONAL AREA
Commission ltem C4T, December 14,2016
(Sponsored by Commissioner Alem6n)
John Rebar, Parks and Recreation Director
lreu # 11
NCAC#46
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMM MEMORANDUM
To: Chair and Members of the Neig Affairs Com
FRoM: Jimmy L. Morales, City Manager
DATE: January 27,2017
SUBJECT: A DISCUSSION REGARDTNG FU FOR A PERMANENT PARK
RANGER DETAIL AT THE SHORE COMMUNITY YOUTH
CENTER RECREATIONAL AREA
At the January 11, 2016 City Commission meeting, Commissioner John Elizabeth Aleman
referred the discussion regarding funding for a permanent Park Ranger detail at the North Shore
Park Youth Center recreational area to the Neighborhood/Community Affairs Committee
(NcAC).
ln light of recent illicit activities that have taken place at North Shore Park, two (2) Part-Time
Park Rangers are being requested in order to provide uninterrupted service during peak park
hours. Exhibit A illustrates a sample work schedule. One Park Ranger will always be on duty on
weekdays from 3:00p.m. - 9:00p.m. and on weekends from 3:30p.m. - 9:00p.m. Any surplus
hours may be used to rove other North Beach Parks, cover breaks at North Shore Park and be
available for emergency coverage.
The total budget request is estimated at $99,058.70 (Exhibit B) to fund the salaries, uniforms, lT
equipment, necessary certifications and bikes. One (1) Part{ime Park Ranger position was
originally requested for North Shore Park during the FY 2017 Budget Hearings and was not
approved for funding.
ACTION REQUIRED
Committee vote to approve the funding of two (2) Part-Time Park Rangers at North Shore Park
that will provide uninterrupted service during speak park hours.
Aftachment
Exhibit A - Sample Work Schedule
Exhibit B - Budget Enhancement Request
"",ffiw
NCAC#47
Exhibit A
Samp le Work Schedule
NCAC#48
o
lri
oiN
Gt,c
lrt
o o
(E
!,
l!tt
Eooeor
aog!
ln
lJ.l
la
o
=lLl!
E
CIoeorIoI(n
(o
oa,.A
E
E
EtoIorIoe(n
rc,
l!!tocEo
=
Ecoe
C'IIoI(n
r0
lE!,tio)
Eooe
O!Ioe
tY!
to
tEEtro
=
o o
NIt
oTCoG
J
oot-a-
.Ea!os(Jta
5:oT
o
o
o
ul
orN
(l,
T'g
=ttl
Eooc(,1
Io
ry!dt
ut
u1
oT'
olrl
tro o
lET'
l!
IA
o o
o!tUI
Eooe
CNIoI(n
(o
t!!,1Ao
=t,o
3
Eooe
C'T
aoe(n
(D
t!E]ao
=
Ecoegr
aoern
ro
oItco
=
Eooc
CD
aoI
(Yt
(o
F.
:tl
oIcoc,
J
oGt-A
g
=,os(,
IA
li
=o-
(E
o
ogEiq
ti !n?66>a0J
EE
-Y q,Eoo-tolo.EEo3z
o
NCAC#49
Exhibit B
B u dget En ha ncement Reguesf
NCAC#50
FYaOL' I T7 O PERATI NG B U DG ET EN HAN CEM E NT REQU EST
ENHANCEMENT NAME Park Ranqers for North Shore Park Youth Center
BUDGET YEAR FY2016/17
DURATION Reoccuring
PKDTYPE
( E F F t Ct E NCt E S, R E DU CTt 0 N S,
ENHANCEMENTS)
This enhancement is being requested to increase the cunent level of seruice at North Shore
Park Youth Center.
Kto
( KEY INTE N DE D OUTCO NI E )
Ensure that a Universal Culture of High Quality Cusfomer-Service is Driving the Conduct of
the City Commission and all City Employees.
DESCRIP
(DESCRtPTtON)
This enhancement entails the addition of Park Rangers to include coverage at North Shore
Park Youth Center.
JUSTIFY
uusflFtcArDN)
The Parks and Recreation Department has discussed and find it necessary ta have a Park
Ranger on at North Shore Park during the time of the day with the highest activity in order to
increase the current service level. With the recent crime events that have taken place at the
park, the request of (2) two Part-Time Park Rangers are being requested in order to provide
unintenupted service during peak park hours.
YEAR 1 IMPACT
$99,058.70
COMMENTS
(DESCRtPnON)
NCAC#51
FY 2016 I 17 OPERATI NG B U DG ET EN HANCEM ENT REqU EST
000111
000r6'l
000162
000.r6s
000$1
000673
00067't
000135
000136
000154
000343
000367
NCAC#52
Vehicle Request for account 000573
M Cost Total
TOTAL
NCAC#53
o
IE
0c
-=
oI
sl\(o
N<fi
tro
lioo.
o
oo
(E
G,x
(E
o-
o)
E
i=t(o
o-
c)r:.€o=1,l(Jq8
6=€.:
o
!
B(^f
q,T
&F:utsul:q.:
c, -:
EIGc8
ai
oooort
N
1r\
oooorf
N
a
o
E
L
au
o
o
.E
(u
o
o
=E-
o9ooog:NOO
Rc.iciciboNOmu1 (.o rndij
v} 1r) {.r} {.r}
9ooo:nccX..rOLnbotoO(or{ oo r\.i
<ti <t> c> <fi
F{N(\N
q)
oJ
oOZE
.99 . .U
orz;r:l (!6d
cO t! (f (J
q,
o
o
AJo
ot
vi
qJ{Uo
vi'
AJolBoo
{lo
oo.{10
o
{\o
oocqoooo<f tJ1
-i6i
{/a {/}
ooqqooolnNC!
F.l
{.r} {/1
(\lN
E
€-E(! .Lo_c
6oIAo-c
o.
c
oq
(oln
oq
N
.al!\
.lclmle{lnl
:l
_l^
oq
ro(n
oo-(\
N
o
UIc(!e
J
(E
4
o
Ei:
(!
o-
I
Cta2
t!
la
o
aac
G
0c
J
TEq
tao
ETo
E,
o
EOt
co
o
J4
(!
oo
NCAC#54
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
DISCUSSION REGARDING THE CONCESSION AGREEMENTS FOR MOTORTZED AND
NON.MOTORIZED VESSELS AT THE BARRY KUTUN BOAT RAMP
Commission ltems C7D, CTE, ClF, C7H, R7L, and R7M, December 1 4,2016
(Parks and Recreation)
John Rebar, Parks and Recreation Director
lreu # 12
NCAC#55
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
coM EE MEMORANDUM
Chair and Members of the
FRoM: Jimmy L. Morales, City
MIAMIBEACH
DATE: February 17,2017
SUBJECT: A DISCUSSION
MOTORIZED AND NON-MOTORIZED AT THE BARRY
AGREEMENTS FOR
KUTUN BOAT RAMP
LOCATED AT MAURICE GIBB MEMORIAL PARK.
BACKGROUND
The double lane boat ramp at Maurice Gibb Memorial Park is a no-fee marine vessel launch
facility, with 11 trailer parking spaces. Historically, the City has received numerous complaints
concerning both the commercial use of the boat ramp and conflicts between operators of
motorized and non-motorized vessels.
At the October 31,2014 Neighborhoods and Community Affairs Committee (NCAC) meeting,
the Committee directed Administration to research and assess options for regulating the use of
the boat ramp.
On January 30, 2015, John Rebar, Parks and Recreation Director, provided the NCAC with a
presentation and discussion on the potential options to manage and improve marine activities at
the Barry Kutun Boat Ramp (the Boat Ramp) at Maurice Gibb Memorial Park (the Park).
Following the discussion, the NCAC recommended that the Mayor and City Commission direct
the Administration to proceed with construction of a floating dock for non-motorized marine
vessels at the Park, from which non-motorized vessels including, without limitation, kayaks,
canoes, and paddleboards, may be launched, and to develop and implement a plan to control
access to the Barry Kutun Boat Ramp Park and to limit its use to City of Miami Beach residents
for non-commercial uses only.
On March 30, 2015, Commission accepted the recommendation from NCAC and adopted
Resolution No. 2015-28957(Exhibit A), which authorizes the Administration to proceed with the
construction of a floating dock for non-motorized marine vessels at Maurice Gibb Park, located
at 18th street and Purdy Avenue, Miami Beach FL; establish a policy for commercial use of the
boat ramp at Maurice Gibb Park; and in consultation with the City Attorney's Office, to develop
and implement a plan to limit access to the Boat Ramp.
Following the direction provided by resolution, residents must register their tow vehicle through
the Parking Department and only residential vehicles with boat trailers will be allowed to park in
municipal parking lot P45. The metered parking at the Park will remain available to residents
THE CONCESSION
NCAC#56
and non-residents. The enforcement and regulation of these changes at the Boat Ramp will be
made through the proposed ordinance.
On May 11, 2016, Commission passed the ordinance on first reading, with direction to amend to
include a provision for water taxis, permitting or licensing amphibian tours, and/or permitting
with kayak renters.
On July 13, 2016, the City Commission adopted Ordinance 2016-4022 (Exhibit B), which
amended the section of the City's Code that prohibited commercial transactions, activities or
operations at the Boat Ramp and the Park (Chapter 82). Said ordinance amendment authorizes
commercial transactions, activities or operations within public property, including the Boat Ramp
and the Park, provided a concession agreement is authorized by the City Commission. As per
Commission's request, Administration began to proactively contact the two amphibious tour
companies and South Beach Kayak to enter into a Concession Agreement (Exhibit C) for use of
the Boat Ramp at the Park.
At the October 19, 2016 City Commission meeting, the three above mentioned concession
agreements were placed on the Commission Meeting Agenda. Following the understood intentof the Commission's direction all other applicants were turned away by the Parks and
Recreation Department. Commissioner Kristen Rosen Gonzalez placed a discussion item on
the agenda to consider Miami Jetski Exotics Rentals, lnc.'s application for concession operation
at the Boat Ramp. She explained to the Commission that the applicant should be given a
concession permit in order to operate similar to the amphibious tours and kayaks. Vice-Mayor
Michael Grieco mentioned that the Commission allowed for concession agreements pursuant to
the passage of the Ordinance for amphibious tours and for kayaks. Vice-Mayor Grieco stated
that he will only support extending concession agreement opportunities to jet ski operations in
Sunset Harbor as long as they do it as tours.
Direction was given to staff by acclamation to negotiate a tour based concession agreement
with Miami Jetski Exotics to be brought to Commission for approval. Also, Resolution 2016-
29617 (Exhibit E) was adopted directing the City Manager to place all future applications for
commercial concession operations at the Boat Ramp on a NCAC agenda for the Committee's
consideration and recommendation prior to the City's Commission consideration of such
commercial concession operation and related concession agreements.
At the November 18, 2016 Neighborhoods/Community Affairs Committee Meeting, a discussion
was held to consider Hector Watersports, lnc.'s and Miami Watersports LLC D.B.A. Miami
Beach paddleboard and Kayak Rental's application for concession operations at the Boat Ramp
located within the Park. The Committee did not vote on the item and moved the item to the
December 2016 Commission Meeting for the Commission for consideration.
At the December 14,2016 Commission Meeting, the following (6) six companies were placed
on the agenda to possibly file into a concession agreement with the City for use of the Boat
Ramp:
1. Duck Tours South Beach LLC.
2. Miami Land and Sea Pirate Adventure lnc.3. South Beach Kayak, lnc.
4. MiamiJetski Exotics Rental lnc.
5. Hector Watersports, lnc.
6. MiamiWatersports LLC D.B.A. Miami Beach Paddleboard and Kayak Rentals
NCAC#57
The items were referred to NCAC by acclamation in order for the committee to evaluate the
regulations and the amount of companies and operations that may use the boat ramp.
Meanwhile the businesses that are currently operating out of the boat ramp may continue
operating on a month-to-month basis until the City finds a long-term solution.
The (6) six companies mentioned above are outlined in Exhibit F with information on their
vessels and proposed operations.
Concurrently City Commission approved a Water Taxi Pilot Program to operate out of the Barry
Kutun Boat Ramp. Following Water Taxi's experience during their Art Basel taxi service, Water
Taxi has expressed serious concerns and opposition to commercial use of the ramp as it relates
to their ability to provide safe and orderly service. !n addition to the six applicants to utilize the
ramp there are numerous other entities engaging in unauthorized commercial activity.
It is important to note that the intended regulation of this activity would have been achieved
through the park ranger program. During the FY 2017 Budget Hearings, pursuant to direction
from the City Commission at the April 13, 2016 City Commission meeting and Resolution 2016-
29370 (Exhibit D), the Parks and Recreation Department requested a fulltime Park Ranger
during the day to prevent unauthorized commercial operations at the Boat Ramp. Two
enhancement options that were presented were:
1. Park Rangers scheduled for 7 days a week lor 12 hours a day, which resulted in the
request of one (1) Full-Time Park Ranger and two (2) Part-Time Park Ranger positions.
ffqtali $128,328.30)2. Park Rangers scheduled for Friday-Sunday from 11:30am-7:00pm, which resulted in the
request of one (1) Part-Time Park Ranger position. (Total: $41,776.10)
Neither of the above requested FY 17 enhancements were approved to be funded.
As we move forward, it is important to keep in mind that the Park is currently undergoing a
master plan for redevelopment. Any approved commercial operations should be consistent with
the vision of the "new park."
NEIGHBORHOOD ASSOCIATION FEEDBACK
Administration has been in communication with the Belle lsle and Sunset Harbour
Neighborhood Associations for their feedback on the proposed concession agreements. Both
Neighborhood Associations expressed their concerns and opposition to amphibious tours andjet skis at the boat ramp; and the area in general due to noise. The residents also both
expressed that although they are opposed to motorized vessels, they do not have any issues
with paddleboards and kayaks launching from the ramp until the non-motorized vessel dock is
built.
STAFF RECOMMENDATION
Administration recommends not engaging in any commercial use agreements for the Barry
Kutun Boat Ramp and maintain the boat ramp as a recreational launch and retrieval point for
Miami Beach residents; and continue to allow paddle board and kayakers to utilize the ramp as
NCAC#58
a launch point until a non-motorized vessel launch is constructed.
Some factors resulting in the recommendation are:
o This is a community park, not a marina.o The idea of commercial use was thoroughly vetted and its prohibition was already
adopted in Resolution No. 2015-28957(Exhibit A).o The surrounding residents are adamantly against motorized commercial use and do not
want the park turning into a commercial marina.o The park is undergoing a master plan for redevelopment to make Maurice Gibb Park an
iconic waterfront community park. Commercialization is not consistent with the current
vision for the park.o Oversight of commercial use and the management of concession agreement would have
an annual financial impact of approximately $128,328for Park Rangers, not including
any potential capital expenses.
ACTION REQUIRED
Committee vote to send to the full commission a resolution for the City of Miami Beach to not
accept or engage in any concession agreements for the Barry Kutun Boat Ramp at Maurice
Gibb Memorial Park. To allow non-motorized vessel users, not companies, to access the bay
via the ramp until a NMV dock is constructed; and for City staff to fully enforce Ordinance 2016-
4022 eftective 10 days after the adoption of the resolution by the full Commission.
Attachments:o Exhibit A: Resolution No. 2015-28957c Exhibit B: Ordinance 2016-4022o Exhibit C: Draft Concession Agreemento Exhibit D: Resolution No.2016-29370o Exhibit E: Resolution No. 2016-29617c Exhibit F: Current Concessrbn Agreement Applicants
t",ffir
4
NCAC#59
Exhibit A:
Resolution No. 2075-28957
NCAC#60
EXHIBIT A
RESOLUTION NO.2015-28957
A RESOLUTION OF THE i'IAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOiIIMENDATION OF
THE NEIGHBORHOOD'COMMUNITY AFFAIRS COMIIiITTEE AT ITS
JANUARY 30, 2015 MEETING, AND AUTHORIZING THE ADMINISTRATION
TO PROCEED WITH THE CONSTRUCTION OF A FLOATING DOCK FOR
NON.TIIOTORIZED IIIARINE VESSELS AT MAURICE GIBB PARK,
LOCATED AT ISth STREET AND PURDY AVENUE, MIATUII BEACH,
FLORTDA; ESTABLISH A POLICY FOR COMMERCIAL USE OF THE BOAT
RAMP AT MAURICE GIBB PARK; AND, !N CONSULTATION wlTH THE
CITY ATTORNEY'S OFFICE, TO DEVELOP AND IMPLEMENT A PLAN TO
LIMIT ACCESS TO THE BOAT RAMP.
WHEREAS, public access to the double-lane boat ramp at Maurice Gibb Park is cunently
unrestricted and unregulated; and
WHEREAS, currently, individuals who wish to launch non-motorized marine vessels,
including kayaks, canoes, and paddleboards, are limited to launching from the boat ramp at
Maurice Gibb Park and the non-motorized vessel ramp at Pinetree Park; and
WHEREAS, the City has received complaints from Gity residents of conflicts between
commercia! and non-commercial operators of motorized and non-motorized vessels due to the
lack of order relative to traffic in and out of the boat ramp at Maurice Gibb Park; and
WHEREAS, in an effort to address the complaints of City residents, the Mayor and City
Commission voted on October 22, 2014, to refer a discussion item to the
Neig hborhood/Community Affairs Comm ittee (" NCAC') ; and
WHEREAS, at the October 31,2014 NCAC meeting, the NCAC directed the Administration
to research and assess options for regulating access to and the use of the boat ramp; and
WHEREAS, at the December 19, 2014 NCAC meeting, the Administration provided a
preliminary status report conceming possible solutions to improving the efficiency of traffic to
and from the boat ramp; and
WHEREAS, on January 30, 2015, John Rebar, Parks and Recreation Director, presented
options toihe NCAC to improve access for City residents to the boat ramp; and
WHEREAS, based on the analysis conducted by City staff, and the input of the Miami
Beach Marine Waterfront Protection Authority, the Administration recommended the following
initial steps to the NCAC at its January 30, 2015 meeting:
o Buitd a floating dock adjacent to Mauiice Gibb Park from which non-motorized marine
vessels may be launched;. Establish a policy for commercial use of the boat ramp; and. Develop and implement a plan, in coordination with the Parking Department, to limit
access to the boat ramp, including electronic permitting and enforcement; and
NCAC#61
WHEREAS, the NCAC recommended that the Mayor and Gity Commission direct the
Administration to proceed with construction of a floating dock for non-motorized marine vessels
at Maurice Gibb Park, from which non-motorized vessels including, without limitation, kayaks,
canoes, and paddleboards, may be launched, and to develop and implement a plan to control
access to the boat ramp at Maurice Gibb Park and to limit its use to City of Miami Beach
residents for non-commercial uses only.
NOW, THEREFORE, BE tT DULY RESOLVED BY THE MAYOR AND CITY
CO[U|M|S$ON OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhood/Community Affairs
Committee at its January 30, 2015 meeting, and authorize the Administration to proceed with
the construction of a floating dock for non-motorized marine vessels at Maurice Gibb Park,
located at 18th Street and Purdy Avenue, Miami Beach, Florida, establish a policy for
commercial use of the boat ramp at Maurice Gibb Park, and, in consultation with the City
Attorney's Office, to develop and implement a plan to limit access to the boat ramp.
PASSED and ADOPTED this ll aay ot filorcL 2015.
ATTEST:
3'? lg:
--Dole
2
PhilipRafael E. Granado
tuV
NCAC#62
COMMISSION ITEM SUMMARY
Condensed Title:
Accept the recommendation of the NCAC at its January 30, 2015 meeting and authorize the
Administration to proceed with the design and construction of a floating dock for non-motorized
vessels at Maurice Gibb Park, establish commercial use policy of the boat ramp and implement a plan
to limit access.
Item Summary/Recommendation :
AGENoA rrem R-l K
oArE 3-ll-ts
lncrease satisfaction with
Just under four out of five residenls (77o/o) rated the quality of life in Miami Beach as excellent or
The double lane boat ramp at Maurice Gibb Park is a marine vessel launch facility, with 11
trailer parking spaces, to which access is currently unrestricted. Historically, the City has received
numerous complaints concerning both the commercial use of the boat ramp and conflicts between
operators of motorized and non-motorized vessels.
On January 30, 2015, Parks and Recreation Director, John Rebar, provided the NCAC with a
presentation and discussion on the potential options to manage and improve marine activities at the
boat ramp at Maurice Gibb Park.
Following the discussion, the NCAC recommended that the Mayor and City Commission direct the
Administration to proceed with construction of a floating dock for non-motorized marine vessels at
Maurice Gibb Park, from which non-motorized vessels including, without limitation, kayaks, canoes,
and paddleboards, may be launched, and to develop and implement a plan to control access to the
boat ramp at Maurice Gibb Park and to limit its use to City of Miami Beach residents for non-
commercial uses only.
The Administration recommends the City Commission adopt the resolution to accept the
recommendations of the NCAC.
On January 30, 2015, the NCAC recommended Administration proceed with the construction of a
non-motorized, floating dock to launch vessels such as kayaks, canoes, paddle boards, etc. and also
recommended to pursue eliminating commercial use of the boat ramp and designate the boat ramp
for Miami Beach resident use
Funds:
tt
OBPI
Financial lmpact Summary:
T:\AGENDA\201 s$larch\Parks and Recr€ation\Accept NCAC Purdy Boat Ramp
MIAMIBEACH
NCAC#63
MIAMI BEACHb
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
C SSION MEMORANDUM
TO:
FROM
Mayor Philip Levine and Members of City
Jimmy L. Morales, City Manager
DATE: March 11,2015
SUBIECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
i,IIAMI BEACH, FLORIDA,NG THE RECOMIUENDATION OF THE
NEIGH BORHOOD/COi'IM U N ITY AIRS COMMITTEE AT ITS JANUARY
30, 2OI5 MEETING, AND AUTHORIZING THE ADMTNISTRATION TO
PROCEED WITH THE CONSTRUCTION OF A FLOATTNG DOCK FOR NON.
MOTORIZED MARINE VESSELS AT MAURICE GIBB PARK, LOCATED AT
t8t" STREET AND pURDy AVENUE, iitAMI BEACH, FLORTDA; ESTABLTSH
A POLICY FOR COMIi,IERCIAL USE OF THE BOAT RATUIP AT MAURTCE
GIBB PARK; AND, lN CONSULTATION WITH THE CITY ATTORNEY,S
OFFICE, TO DEVELOP AND IMPLEMENT A PLAN TO LIMIT ACCESS TO
THE BOAT RAIUTP.
BACKGROUND
The double lane boat ramp at Maurice Gibb Park is a no-fee marine vessel launch facility, with 11
trailer parking spaces, to which access is currently unrestricted. Historically, the City has received
numerous complaints concerning both the commercial use of the boat ramp and conflicts
between operators of motorized and non-motorized vessels. The following are some complaints
received by the City:
. Commercial operations, such as tour vehicles/vessels, often fail to observe the no-wake
zone launch requirements.. Commercialtour boats damage the City's ramp, docks, and facilities.. Small dinghies utilized by sailboats and other small vessels remain tied up to the docks for
hours and/or days at a time.. Conflicts impacting life safety occur between operators of small non-motorized vessels
and larger motorized vessels.
The City's Police Marine Patrol officers located on-site are not always available to resolve issues
and conflicts relating to traffic in and out of the boat ramp, because the Marine Patrol is charged
with patrolling all of the City's wateruays. At the request of Commissioner Grieco, a discussionitem concerning the complaints about the boat ramp was refened to the
Neighborhood/Community Affairs Committee (NCAC). This item was discussed at the October
31, 2014 NCAC meeting and the Committee directed the Administration to research and assess
options for regulating the use of the boat ramp. A status report was provided at the December 1g,
2015 NCAC meeting concerning possible options. Staff was directed to return in January with a
plan.
NCAC#64
City Commission Memorandum -Accept NCAC Purdy Boat Ramp Non-Motorized and Residential-Only Use
March 11,2015
Page 2 ol 2
On January 30, 2015, Parks and Recreation Director, John Rebar, provided the NCAC with a
presentation and discussion on the potential options to manage and improve marine activities at
the boat ramp at Maurice Gibb Park.
First Steps
o Build a floating dock adjacent to Maurice Gibb Park from which non-motorized marine
vessels may be launched;. Establish a policy for commercial use of the boat ramp; ando Develop and implement a plan, in coordination with the Parking Department, to limit
access to the boat ramp, including electronic permitting and enforcement.
Future Gonsiderations
o Pursue a Request for Proposals (RFP) for a larger-scoped operation;. Potential mooring fields to replace the unregulated anchorages;o Converting some of the seawall to a marina with dockage/slips;o Dingy dockage to accommodate transient boaters;o Transient boater amenities (i.e. shower, etc.); and. Regulation of overboard discharge from anchored vessels, ancUor provision of pump out
facilities for both transient and trailered boats.
Following the discussion, the NCAC recommended that the Mayor and City Commission direct
the Administration to proceed with construction of a floating dock for non-motorized marine
vessels at Maurice Gibb Pak, from which non-motorized vessels including, without limitation,
kayaks, canoes, and paddleboards, may be launched, and to develop and implement a plan to
control access to the boat ramp at Maurice Gibb Park and to limit its use to City of Miami Beach
residents for non-commercial uses only.
CONCLUSION
The Administration recommends that the City Commission accept the recommendation of the
NCAC at its January 30, 2015 meeting and authorize the Administration to proceed with the
construction of a floating dock for non-motorized marine vessels at Maurice Gibb Park, establish
a policy for commercial use of the boat ramp at Maurice Gibb Park, and, in consultation with the
City Attomey's ffice, to develop and implement a plan to limit access to the boat ramp.
JLM/JMr/ry
T:!AGENDA\201sUrarch\Parks and Recreation\Accept NCAC Purdy Boat Ramp Recommendations Memo Fll.lAL.doo(
NCAC#65
Exhibit B:
Ordinance 2076-4022
NCAC#66
EXHIBIT B
oRDINANCE NO. 20164022
AN ORDTNANCE 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 "PUBLICpRopERTY," BY AMENDING ARTTCLE I, ENTTTLED "!N GENERAL";
BY AMENDING SEGTION 82.1, ENTITLED "CONDUCTING BUSINESS
ON STREETS, PARKS OR OTHER PUBLIC PROPERW;
ENFORCEMENT; PENALTIES; UNPAID FINES TO CONSTITUTE
L!ENS," By CREATTNG SUBSECTION (B) WHTCH EXPRESSLY
PROHIBITS COMMERCIAL TRANSACTIONS, ACTIVITIES OR
OPERATIONS AT ANY PARK, BOAT RAMP, BEACH, STRUCTURE
BUILDING OR OTHER PROPERTY OR PLACE OWNED, MAINTAINED
OR OPERATED BY THE GITY; BY PROHIBITING ANY PORTION OF
THE COMMERCIAL TRANSAGTION, ACTIVITY OR OPERATION TO
DIRECTLY OR INDIRECTLY OCCUR AT ANY PARK, BOAT RAMP,
BEACH, STRUCTURE BUILDING OR OTHER PROPERTY OR PLACE
OWNED, MAINTAINED OR OPERATED BY THE CITY; BY MODIFYING
suBsEcTroN (c), wHlcH AMENDS THE EXTSTTNG EXEMPTION
AUTHORITY OF THE CITY MANAGER FOR THE RENDERING OF
SERVICE TO THE PUBLIC; AND CREATING AN ADDITIONAL
EXEMPTION TO THE PROHIBITIONS SET FORTH IN SECTION 82.
1(A) AND (B), THAT WOULD REQUTRE THE CITY COMMTSSTON TO
APPROVE A CONCESSION AGREEMENT AUTHORIZING
COMMERCIAL ACTIVITIES OR OPERATIONS; AND BY CREATING
SUBSECT|ON (D), WHICH rS A NEW ENFORCEMENT AND PENALW
PROVISION FOR VIOLATIONS, LIMITING THE AUTHORITY OF THE
SPECIAL MASTER, AND INCREASING THE MONETARY FINES;
pRovtDtNG FoR REPEALER, SEVERABILTTY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission recognize the importance of the City's
public property to the residents and visitors of the City of Miami Beach; and
WHEREAS, the City prohibits commercial transactions, activities or operations, unless
expressly authorized by the City Manager upon its public property, or pursuant to a concession
agreement, that is approved by the City Commission; and
WHEREAS, illegal and unauthorized commercial transactions, activities and operations
upon City property, creates a dangerous and hazard situation, which is a direct threat to the
residents and visitors of the City for potential unscrupulous conduct; and
WHEREAS, the City is legally obligated to ensure the health, safety and welfare of its
residents and visitors who utilize its public facilities, and illegal commercial transactions,
activities and operations unnecessarily exposes the City to unwarranted potential liability; and
WHEREAS, the Mayor and City Commission affirmatively acknowledge that commercial
transactions, activities or operations must be prohibited at the City's parks, boat ramp(s), beach,
structures, building or other propefi or place owned and maintained or operated by the City,
unless expressly authorized by the City Manager or the City Commission.
NCAC#67
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 82-1 of Article I of Chapter 82 of the Code of the City Miami Beach
is hereby amended as follows:
CHAPTER 82
PUBLrc r:or=:*
ARTICLE l..ln General.
Sec. 82-1. Conducting business on streets, parks or other public property; enforcement;
penalties; unpaid fines to constitute liens.
(a) Prehibitien+ lt shall be unlawful for any person, while in or on any public street, avenue or
alley, or any park, beach, structure, building or other property or place owned, maintained
or operated by the city for public use, to sell, rent or offer for sale or rent to the public any
article, commodity or service of any nature whatsoever, other than newspapers of general
circulation duly entered in the United States Postal Service.
(Q lt shall be unlawful for anv commercial business operator, establi
orqanization or companv that sells or rents merchandise. oroducts. ooods or services. or
enoaoes in anv service that sells or rents merchandise. products or qoods. includino those
commercial operators that transoort oassenoers. are+rehibileC from conductino anv oortion
of the commercial transaction. activitv or ooeration at anv oark ffi
M. boat ramo. beach. structure. buildino or other orooertv or
olace owned. maint . A commercial transactaon. activitv or
operation will be deemed to have occurred
if anv direct, indirect. or incidental portl
commercialtransaction. activitv or ooeration takes place at
M. or uses. a Citv oark. boat ramo. beach. structure. buildino or other
orooertv or olace ow (includino the Banv_Kufun
BoalBamp that is located within the Maurice Gibb Memorial Park #
.
ft+O Exemptions. This section shall not apply to:
(1) Employees of the city acting for* and on behalf ofr the city, er*epersees aespeaificalyasthodzed hv the Citv
Managet i or
Q ec plersons spee#lea$ authorized to render service to the public in any place abo*-
d€€€#b€d set fortn in suOsectlo , by the City Manager, eloyidgd_lhe
rendered service is a
the Citv's oublic orooertv; or
@ n commerciat Ous iOn-pr-COmpanriS
authorized to rende
approved bv the C ission-
2
NCAC#68
([)g Persons participating in any art show or exhibit held on all city properties under the
specific authorization of the city commission and who are exhibiting paintings or
objects of art produced or created by such persons.
(€)(g) ie
Penalties and enforcement.
(!l A violation of this Section shall be subiect to the followino fines:
g. lf the violation is the first offense. a person or business shall receive a
civil fine of $250.00:
b. lf the violation is the second violation within the orecedinq six months. a
person or business shall receive a civil fine of $500.00:
c. lf the violation is the third violation within the precedinq six months. a
person or business shall receive a civil fine of $1.000.00: and
d. lf the violation is the fourth or subsequent violation within the orecedinq
six months. a person or business shall receive a civil fine of $2.000.00.
(!) Enforcement. The Miami Beach sPolice d9epartment-cr the Code Compliance
Deoartment. or the Parks and Rec shall enforce this section.
This shall not preclude other law enforcement aqencies from anv action to assure
compliance with this section and all aoplicable laws. lf a violation of this section
is observed. the enforcement officer will be authorized to issue a notice of
violation. The notice shall inform the violator of the nature of the violation.
amount of fine for which the violator is liable. instructions and due date for pavino
the fine. that the violation mav be aooealed bv reouestinq an administrative
hearinq before a special masterwithin ten (10) davs afterservice of the notice of
violation. and that the failure to aooeal the violation within ten (10) davs of
service shall constitute an admission of the violation and a waiver of the rioht to a
hearino.
(!) Riohts of violators: oavment of fine: rioht to aooear: failure to oav civil fine or to
apoeal: apoeals from decisions of the special master.
a. A violator who has been served with a notice of violation must elect to either:
j. pav the civil fine in the manner indicated on the notice of violation: or
ij. request an administrative hearino before a special master to appeal
the notice of violation. which must be requested within ten (10) davs
of the service of the notice of violation.
NCAC#69
b. The procedures for appeal bv administrative hearino of the notice of violation
shall be as set forth in sections 30-72 and 30-73 of this Code. Apolications for
hearinos must be accompaEi_ed bv a fee as aporoved bv a resolution of the
citv commission. which shall be refunded if the named violator prevails in the
aooeal.
c. lf the named violator. after issuance of the notice of violation. fails to oav the
civil fine, or fails to timelv request an administrative hearinq before a special
master, the special master mav be informed of such failure bv report from the
police officer. The failure of the named violator to aopeal the decision of the
police officer within the prescribed time period shall constitute a waiver of the
violator's rioht to an administrative hearino before the special master. and
shall be treated as an admission of the violation. for which fines and oenalties
shall be assessed accordinqlv.
d. A certified copv of an order imoosinq a fine mav be recorded in the public
records. and thereafter shall constitute a lien upon anv real or personal
prooertv owned bv the violator. which mav be enforced in the same manner
as a court iudoment bv the sheriffs of this state. includino lew aqainst the
violator's real or oersonal propertv. but shall not be deemed to be a court
iudoment except for enforcement ourposes. On or after the sixtv-first (61st)
dav followinq the recordinq of anv such lien that remains unpaid. the Citv mav
foreclose or otherwise execute uoon the lien.
e. Anv partv aqqrieved bv a decision of a special master mav appeal that
decision to a court of competent iurisdiction.
'1, The special master shall be prohibited from hearinq the merits of the notice of
violation or considerino the timeliness of a request for an administrative
hearino if the violator has failed to request an administrative hearino within
ten (10) davs of the service of the notice of violation.
g The special master shall not have discretion to alter the oenalties prescribed
in subsection (d)(1).
i
ien
ice
ef the netiee ef viel
NCAC#70
@
@
in
subsectien{${Qe,
( l) Any party aggrieved by the deeieien ef the epeeial master mafaBpeal the deeisien-inM
(5) The eity may institute preeeedings in a eeurt ef eemBetent iurisdielien te eempel
paymenrcfeiviXines"
frern the filing ef any eueh-{ien whieh rernaine unpaid; the eity may fereelese er
@ie+
(d) lPreeedures fer appeals,l The preeedcree fer appeal ef the netice ef vie]atien by
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity,
sEcTroN 4. coprFrcATtoN.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
NCAC#71
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption.
PASSED AND ADoprED this l3 a^y oLfr/h._,
(
1/.,1, v
RafaelE. Granado
Underline denotes additions
$r**nrecgh denotes deletions
Doubleuderline de notes
Wdenotes
(Sponsored by Commissioner Michael Gri
APPROVEDASTO
FORM &IANGUAGE
& FOR EGCT'TION
o
NCAC#72
MIAMIBEACH
City of Miomi Beoch, 1700 Convsnlion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
July 13, 2016
AN ORDINANCE OF THE MAYOR AND CITY COMMTSSION 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 I, ENTITLED "lN GENERAL"; BY AMENDING
SECTION 82.1, ENTITLED "CONDUCTING BUSINESS ON STREETS,
PARKS OR OTHER PUBLIC PROPERW; ENFORCEMENT; PENALTIES;
UNPAD FINES TO CONSTITUTE LIENS," BY CREATING SUBSEGTION
(B) WHICH EXPRESSLY PROHIBITS COMMERCTAL TRANSACTTONS,
ACTIVITIES OR OPERATIONS AT ANY PARK, BOAT RAMP, BEACH,
STRUCTURE BUILDING OR OTHER PROPERW OR PLACE OWNED,
MAINTAINED OR OPERATED BY THE CITY; BY PROHIBITING ANY
PORTION OF THE COMMERGIAL TRANSACTION, ACTIVITY OR
OPERATION TO DIRECTLY OR INDIRECTLY OCCUR AT ANY PARK,
BOAT RAMP, BEACH, STRUCTURE BUILDING OR OTHER PROPERTY
OR PLACE OWNED, MAINTAINED OR OPERATED BY THE CITY; BY
MODTFYTNG SUBSECTTON (C), WHTCH AMENDS THE EX|ST|NG
EXEMPTION AUTHORITY OF THE CITY MANAGER FOR THE
RENDERING OF SERVICE TO THE PUBLIC; AND CREATING AN
ADDITIONAL EXEMPTION TO THE PROHIBITIONS SET FORTH IN
sEcTroN 82-1(A) AND (B), THAT WOULD REQUTRE THE CITY
COMMISSION TO APPROVE A CONCESSION AGREEMENT
AUTHORIZING COMMERCIAL ACTIVITIES OR OPERATIONS; AND BY
CREATING SUBSECTTON (D), WHTCH tS A NEW ENFORCEMENT AND
PENALTY PROVISION FOR VIOLATIONS, LIMITING THE AUTHORITY OF
THE SPECIAL MASTER, AND INCREASING THE MONETARY FINES;
PROVIDING FOR REPEALER, SEVERABILIW, CODIFICATION, AND AN
EFFECTIVE DATE.
BACKGROUND
The double lane boat ramp at Maurice Gibb Memorial Park is a no-fee marine vessel
launch facility, with 11 trailer parking spaces, to which access is currently unrestricted.
Historically, the City has received numerous complaints concerning both the commercial
use of the Barry Kutun Boat Ramp and conflicts between operators of motorized and
non-motorized vessels, such as:
o Commercial operations, like tour vehicles/vessels, often fail to observe the no-
wake zone.. Safety issues occur between operators of small non-motorized vessels
and larger motorized vessels.
1
Agenda ltem
TO:
FROM:
DATE:
SUBJECT:
KsR
oalc ?t3-ll
NCAC#73
At the October 31, 2014 Neighborhoods and Community Affairs Committee (NCAC)
meeting, the Committee directed Administration to research and assess options for
regulating the use of the Barry Kutun Boat Ramp.
On January 30, 2015, Administration and members of the NCAC discussed potential
options to manage and improve marine activities on the boat ramp at Maurice Gibb
Memorial Park. Following the discussion, the committee recommended the Mayor and
City Commission to direct Administration to proceed with construction of a floating dock
for non-motorized marine vessels at Maurice Gibb Memorial Park, from which non-
motorized vessels including, without limitation, kayaks, canoes, and paddleboards, may
be lbunched, and to develop and implement a plan to controt access io the boat ramp at
Maurice Gibb Memorial Park by limiting its use to City of Miami Beach residents for non-
commercial purposes only.
On March 30, 2015, Commission accepted the recommendation from NCAC and adopt
Resolution No. 2015-28957, which authorizes the Administration to proceed with the
construction of a floating dock for non-motorized marine vessels at Maurice Gibb
Memorial Park, located at 18th street and Purdy Avenue, Miami Beach FL; establish a
policy for commercial use of the Barry Kutun Boat Ramp at Maurice Gibb Memorial Park,
and in consultation with the City Attorney's Office, to develop and implement a plan to
limit access to the boat ramp.
Following the direction provided by resolution, residents must now register their tow
vehicle through the Parking Department and only residential vehicles with boat trailers
will be allowed to park in municipal parking lot P-45. The metered parking at Maurice
Gibb Memorial Park will remain available to residents and non-residents (as illustrated in
Exhibit A). The enforcement and regulation of these changes at the Barry Kutun Boat
Ramp will be made through the proposed ordinance.
On May 11,2016, Commission adopted the ordinance on first reading, with direction to
amend to include a provision for water taxis, permitting or licensing amphibian tours,
and/or permitting with kayak renters.
CONCLUSION
The Administration recommends the City Commission to adopt the amended ordinance
on second reading.
Attachments
Exhibit A - Maurice Gibb Memorial Park Access Regulation
JLM/EC/9F
2
NCAC#74
Ii
{i
E
{+
::,{
i7
r'
{;r}IE
NCAC#75
6
d2
E
'j s
(J
b
-9r.
'&r
oa
Eo3'o
o
.E
Eoo'o
F
ris
otr
qo6
.E
.c
o:i,
o|o;
o.(\a !
c! .9-.4>EJE
€o
oc{
o
o
=oE
o
=@E
A
=3
o
.E
os
,9
Eaq
;o
6
l0Uc0a
0
3ho-zC'G
lrl uJo-
EY<EiE?
6g
EuCJtr
oz
IU
trl
co
=
=\
(t)
&
ca
*r
rI1z
=Eo-
=c
o-g=
i-
NCAC#76
Exhibit C:
Draft Concession Ag reeme nt
NCAC#77
CONCESSION AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
TO UTILIZE THE BARRY KUTUN BOAT RAMP FOR ENTRY AND EXIT OF BISCAYNE BAY
FORTHE OPERATTON OFItEl
NCAC#78
SECTION
1.
2.
2.1
3.
3.1
3.1.1
3.1.1.1
3.1.1.2
3.1.2
3.1.3
3.2
3.3
4.
4.1
4.2
4.3
4.4
5.
6.
6.2
6.3
7.
7.1
7.2
8.
8.1
8.2
8.3
8.4
8.5
8.6
L
10.
10.4
11.
11.2
11.3
12.
12.1
12.2
12.3
12.4
12.6
12.7
12.8
INDEX
TITLE PAGE
TERM ...........5
coNcESSroN AREA(S) AND CONCESSION SERVICE ZONE .......5
Concession Area .................5usE(s) .........6
Amphibious Tours ................6
Approved use of Concession Area......... ................6
No Parking Privileges ...........6
Subordination of lnterest .......................6
Program Vessels.... ..............6
Hours of Operation............... .................7
Oversight.. ...........7
Ownership of Program Vessels .............7
coNcESSroN FEES ......................7
Use Fee .............7
lnterest for Late Payment .....................7
Sales and Use Tax .......... .....................7
Marketing and Advertising.......... ...........7
INSPECTION AND AUDIT...... .........8
TAXES AND ASSESSMENTS .........8
Procedure if Ad Valorem Taxes Assessed .............8
Licenses... ...........8
EMPLOYEES AND INDEPENDENT CONTRACTORS .....................,.9
Concessionaire's Employees ................9
City Manager's Designee............ ..........9
IMPROVEMENT, MAINTENANCE, REPAIR and OPERAT1ON...........................9
lmprovements ............ ..........9
Maintenance/Repair .............9
Orderly Operation.. .............10
No Dangerous Materia1s.............. ........10
Security.... .........10
lnspection. .........11
TNSURANCE .............. ................... 11
|ND8MN1TY.............. .....................14
Release of Liability for Program Participants ............... .......... 15
FORCE MAJEURE ,,.,,..15
Labor Dispute..... ................15
Waiver of Loss from Ha2ards............. ..................16
DEFAULT AND TERMINATION .....................16
Bankruptcy ........16
Default in Payment................ ..............16
Non-Monetary Default ........17
City's Remedies for Concessionaire's Default ......17
Surrender of Concession Areas/ Removal by Concessionaire of
EquipmenUlmprovements ............ .......18
Substitute Performance............... ........18
Termination for Convenience ..............18
NCAC#79
12.9
13.
14.
15.
16.
17.
17.1
17.2
17.3
17.4
18.
18.1
18.2
18.3
18.4
18.5
18.6
18.7
18.8
18.9
18.10
18.11
18.12
18.13
18.14
19.
Exhibit 1 - Site Plan with Highlight of Ramp/Access .............29
Exhibit 2 - Completed Application for Commercial Concession Operations
at Public Boat Ramps............... ...........30
Exhibit 3 - Release Form. ............31
20.
21.
NCAC#80
CONCESSION AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
AND
[coNcESSroNARE NAMEI
TO UTILIZE THE BARRY KUTUN BOAT RAMP FOR ENTRY AND EXIT OF BISCAYNE BAY
FOR THE OPERATTON OF IACTIVITYI
THIS CONCESSION AGREEMENT (the "Agreement") made on 2016
("Effective Date"), between the CITY OF MIAMI BEACH, a municipal corporation of the State of
Florida, having its principal address at 1700 Convention Center Drive, Miami Beach, Florida,
33139 (hereinafter called the "City"), and [CONCESSIONAIRE NAMEI whose address is
IADDRESSI (hereinafter called "Concessionaire").
WITNESSETH
WHEREAS, the Mayor and City Commission recognize the importance of the City's public
property to the residents and visitors of the City of Miami Beach; and
WHEREAS, the City prohibits commercial transactions, activities or operations at the City's
parks, boat ramp(s), beach structures, building or other property or place, maintained or
operated by the City, unless expressly authorized by the City Manager upon its public property,
or pursuant to a concession agreement that is approved by the City Commission; and
WHEREAS, illegal and unauthorized commercial transactions, activities and operations upon
City property, creates a dangerous and hazard situation, which is a direct threat to the residents
and visitors of the City for potential unscrupulous conduct; and
WHEREAS, the City is legally obligated to ensure the health, safety and welfare of its residents
and visitors who utilize its public facilities, and illegal commercial transactions, activities and
operations unnecessarily exposes the City to unwarranted potential tiability; and
WHEREAS, accordingly, the City Commission at the July 13th 2016 City Commission Meeting
directed staff to work with existing amphibious tour companies to continue their tours in the City
of Miami Beach and continue to utilize the Barry Kutun Boat Ramp; and
WHEREAS, Staff has negotiated the following non-exclusive concession agreement (the
"Agreement") for the use of the Barry Kutun Boat Ramp (the "Boat Ramp") at Maurice Gibb
Memorial Park (the "Park"), located at 1700 Purdy Avenue, for entry and exit to and from
Biscayne Bay for the operation of guided jetski tours (the "Program").
NCAC#81
NOW THEREFORE, in consideration of the premises and the mutual covenants
and conditions herein contained and other good and valuable consideration, the receipt
and adequacy of which are hereby conclusively acknowledged, it is agreed by the parties hereto
as follows:
The City hereby grants to the Concessionaire, and the Concessionaire hereby accepts
from the City, the non-exclusive right to operate the Program (as further described herein) within
the Concession Areas (as defined herein), in conformance with the purposes and for the period
stated herein and subject to all the terms and conditions herein contained and set forth.
The above recitals are true and correct and are incorporated herein by reference as part of this
Agreement.
SECTION 1. TERM.
1.1 The term ("Term") of this Agreement shall be for one (1) year, commencing on January
1, 2017 ("Commencement Date"), with two (2) one-year renewal options to be exercised
at the City Manager's sole option and discretion, by providing Concessionaire with
written notice of same no less than thirty (30) days prior to the expiration of the then
current Term. Notwithstanding the foregoing, Concessionaire may not commence
operations until such time as the following conditions have been met: (1) Concessionaire
has provided the City with evidence of the requisite governmental approvals to operate
the Program including, without limitation, all licenses required in subsection 6.3; and (2)
the City has approved Concessionaire's insurance coverages as required in Section 9,
which shall include insurance coverage for all Program Vessels used by Concessionaire
to operate the Program.
1.2 For purposes of this Agreement, a "Contract Year" shall be defined as that certain 365
day period commencing on the Commencement Date.
SECTION 2. CONCESSION AREA(S) AND CONCESSION SERVICE ZONE.
The City hereby grants to the Concessionaire the non-exclusive right, during the Term of this
Agreement, to operate the Program, as described herein, upon the Concession Area defined in
subsection 2.1 and identified in Exhibit 1 to this Agreement (hereinafter, the "Concession
Area"):
2.1 Concession Area.
The Concession Area shall be the vehicle access path to the Boat Ramp and the
Boat Ramp, as more particularly depicted in Exhibit t hereto, and does not
include any adjacent or surrounding areas (the "Concession Area"). Additionally,
no improvements to the Concession Area ("Concession Area lmprovements")
shall be permitted, and no equipment may be maintained, on the Concession
Area without the prior written approval of the City Manager, which approval, if
provided at all, shall be at the City Manager's sole and absolute discretion, and
Exhibit 1 shall be amended to incorporate the approved Concession Area
lmprovements and/or permitted equipment.
Concessionaire shall not install or operate any Program sites, nor identify
additional or alternate locations for same (other than as identified in Exhibit 1),
NCAC#82
without the prior written approval of the City Manager, which approval, if provided
at all, shall be at the City Manager's sole and absolute discretion.
SECTION 3. USE(S).
The Concessionaire is hereby authorized to conduct the following kind(s) of businesses and
provide the following kind(s) of services related to the operation of the Program within
the Concession Area, all at its sole cost and expense:
3.1 Amphibious Tours.
3.1.1. Approved Use of Concession Area
The Concession Area shall be used by a Concessionaire on a nonexclusive
basis and solely and exclusively during short intervals, for the entry and exit of
Biscayne Bay by the Program Vessels (as defined in subsection 3.1.2) during the
approved hours of operation for the Program. ln the event the Concessionaire
uses the Concession Area for any purpose(s) and/or use(s) not expressly
permitted in this subsection 3.1.1., such use shall be considered a default under
this Agreement, and the City shall be entitled to all remedies, including
termination of this Agreement, as set forth in subsection 12.4. ln addition,
notwithstanding any other terms of this Agreement, the City shall be entitled to
seek immediate relief, whether at law or equity, to restrain such improper use(s).
3.1.1.1No Parkinq Privileqes. No parking privileges shall be provided to
the Concessionaire, Concessionaire employees, or passengers of the
Program Vessel. Additionally, Concessionaire agrees to ensure that the
ingress and egress to the Park or the Boat Ramp are not obstructed.
3.1.1.2Subordination of Use. the public's right to use the Park, including
the Purdy Avenue Dock, for non-commercial purposes is primary to the
privileges which the City has granted Concessionaire under this
Agreement; therefore, the privilege to operate the Program pursuant to
the Agreement shall not be construed as limiting, in any way, the public's
right to use of the Park, including the Boat Ramp, for non-commercial
purposes.
Finally, notwithstanding any other terms of this Agreement, the privileges
under this Agreement are non-exclusive; therefore, the City shall not be
prevented and/or prohibited, in any respect, from contracting for and/or
operating additional commercial activities/uses at the Park and/or at the
Boat Ramp, even if said activities/uses are in direct competition with the
services provided by Concessionaire under the Program.
3.1.2 Prooram Vessels.
The City hereby approves of Concessionaire's plan as to the type of vessel which
will be used in connection with the Program, as described in the Application for
Commercial Concession Operations at Public Boat Ramps, attached as
composite Exhibit 2 hereto (the "Program Vessel(s)"). Any amendments to
Exhibit 2, without limitation, as to type of Program Vessel, must be approved, in
NCAC#83
writing, by the City Manager prior to such changes being implemented within the
Concession Area, and Exhibit 2 shall be amended accordingly.
Notwithstanding the above, the City and Concessionaire hereby acknowledge
and agree that the City's approval in subsection 3.1 .2 above, as to the type of
Program Vessel is given by the City solely in its proprietary, and not in its
regulatory capacity. Notwithstanding such approval, in the City's proprietary
capacity, Concessionaire agrees to secure, at its sole cost and expense, all
required approvals from all governmental authorities having jurisdiction over the
Program, in connection with the operation of the Program.
3.1.3 Hours of Operation
A. The hours of operation are as described in Exhibit 2. Any change
with respect to the hours of operation shall require the written
approval of the City Manager, prior to implementing the new
hours, and Exhibit 2 shall be amended accordingly.
3.2 Oversiqht. Concessionaire, while utilizing the Boat Ramp will provide on-site monitoring
of the Concession Area and the areas surrounding the Concession Area.
3.3 Ownership of Proqram Vessels. The Program Vessels shall be the sole and exclusive
property of Concessionaire during the Term of this Agreement.
SECTION 4. CONCESSION FEES.
4.1 Use Fee: During the Term, Concessionaire shall pay the City, in advance, on an annual
basis, the following use fees, as may be modified by the City from time to time ("Use
Fee(s)"):
Motorized VesselAnnual Fee - $1,200.00
Launch Fees (per Exhibit 2) - $6,000.00
Total - $7,200.00
4.2
The initial Use Fee shall be due within thirty (30) days from the Effective Date.
Thereafter, the Use Fee shall be due on or before January lst of any approved renewal
Term.
lnterest for Late Pavment.
Any payment which Concessionaire is required to make to City which is not paid on or
before the respective date provided for in this Agreement shall be subject to interest at
the rate of eighteen percent (18Vo) per annum, or the maximum interest allowable
pursuant to Florida law, whichever is less, from the due date of payment until such time
as payment is actually received by the City.
Sales and Use Tax.
Any required Florida State Sales and Use Tax shall be paid by Concessionaire directly
or added to payments, at the designee's sole discretion, and forwarded to the City
4.3
NCAC#84
4.4
as part of said payments. lt is the City's intent that it is to receive all payments due from
Concessionaire as net of such Florida State Sales and Use Tax.
Marketinq and Advertisino.
As of the Effective Date, the City Code does not allow advertising to be placed on the
Program Vessels or anywhere on the Concession Area. Advertising on the Program
Vessels or Concession Area shall be prohibited.
SECTION 5. INSPECTION AND AUDIT.
Concessionaire shall maintain its financial records pertaining to its operations herein throughout
the Term of this Agreement and for a period of three (3) years after the expiration or other
termination of this Agreement, and such records shall be open and available to the City
Manager or his designee, as deemed necessary by them. Concessionaire shall maintain all
such records at its principal office, currently located at 7637 Garlvle Avenue. Miami Beach. FL
g!4!1, or, if moved to another location, all such records shall be relocated, at Concessionaire's
expense, to a location in Miami Beach, within ten (10) days'notice (written or verbal) from the
City. These audits are in addition to periodic audits by the City of Resort Tax collections and
payments, which are performed separately. Nothing contained within this Section shall preclude
the City's audit rights for Resort Tax collection purposes.
SECTION 6. TAXES. ASSESSMENTS. LICENSES.
6.1 Concessionaire agrees and shall pay before delinquency all taxes (including but not
limited to Resort Taxes) and assessments of any kind levied or assessed upon a
Concession Area and/or on Concessionaire by reason of this Agreement, or by reason
of Concessionaire's business and/or operations within a Concession Area.
Concessionaire will have the right, at its own expense, to contest the amount or validity,
in whole'or in part, of any tax by appropriate proceedings diligently conducted in good
faith. Concessionaire may refrain from paying a tax to the extent it is contesting the
imposition of same in a manner that is in accordance with law. However, if, as a result
of such contest, additional delinquency charges become due, Concessionaire shall be
responsible for such delinquency charges, in addition to payment of the contested tax, if
so ordered.
6.2 Procedure lf Ad Valorem Taxes Assessed. lf ad valorem taxes are assessed against the
Concession Area (or any portion thereof) by reason of Concessionaire's business and/or
operations thereon, Concessionaire shall be solely responsible for prompt and timely
payment of same.
6.3 Licenses. Concessionaire shall also be solely responsible (at its sole cost and expense)
for obtaining and maintaining current any applicable licenses or permits, as required for
the operations contemplated in this Agreement including, without limitation, any
occupational licenses required by law for the proposed uses contemplated in Section 3;
the U.S. Coast Guard licenses for captains and the Certificates of lnspection for the
vessels; the State of Florida license; and any applicable City licenses.
NCAC#85
SECTION 7. EMPLOYEES AND !NDEPENDENT CONTRACTORS.
7.1 Concessionaire's Emplovees.
7.1.1 Concessionaire shall select, train and employ such number of employees or
contractors as is necessary or appropriate for Concessionaire to satisfy its
responsibilities hereunder. Concessionaire shall be the sole authority to hire,
terminate and discipline any and all personnel employed by Concessionaire.
7.1.2 Concessionaire shall designate a competent full-time employee to oversee the
dayto-day operations, and who shall act as the contract administrator for the
Program and serve as Concessionaire's primary point-person with the City. This
individual shall have the requisite amount of experience in operating, managing,
and maintaining the Program as contemplated herein. The employee shall be
accessible to the City Manager or his designee at all times during normal
business hours to discuss the management, operation and maintenance of the
Program, and during non-business hours in the event of emergency. Consistent
failure by the employee to be accessible shall be reported to Concessionaire's
principal(s), and if not rectified, shall be grounds for replacement of the
employee.
7.2 Citv Manaser's desiqnee. Except for those responsibilities expressly set forth in this
Agreement for, respectively, the City Commission and/or the City Manager, the City
Manager's designee for this Agreement shall serve as the City's day to day
representative and point person for Concessionaire with respect to the Agreement. The
City Manager's designee shall be the City's Department of Parks and Recreation
Director or Assistant Director.
SECTION 8. IMPROVEMENTS MAINTENANCE REPAIR and OPERATION
The Concessionaire accepts the use of any and all Concession Areas provided in
this Agreement "AS lS," "WHERE !S," and "WITH ALL FAULTS," existing as of the Effective
Date.
8.1 lmprovements.
Concessionaire may not make any improvements to the Concession Area without City
Manager's Approval, which approval, if provided at all, shall be at the City Manager's
sole and absolute discretion.
8.2 Maintenance/Repair.
The Concessionaire shall maintain, at its sole cost and expense any equipment (as
required to operate the Program), as well as the Program Vessels. The City shall
maintain the Boat Ramp to address normal wear and tear of the dock; however,
Concessionaire shall be responsible for reimbursing the City for any maintenance and
any repairs as a result of the operation of the Program at the Boat Ramp, including any
damage which may be caused by the Concessionaire, its employees, contractors,
agents or invitees. Any such maintenance and repairs shall be performed by the City, as
deemed necessary, at the City Manager's sole discretion, and Concessionaire shall
reimburse the City within 10 (ten) days from receipt of the invoice.
NCAC#86
8.3
Concessionaire shall be solely responsible for the day to day operation and shall
maintain any equipment the Program Vessels and any equipment thereon in good
working order and condition. Concessionaire shall keep Program Vessels free of
graffiti. No repairs to the Program Vessels may be made on-site. Any Program Vessel
needing maintenance shall be removed from circulation and serviced
at Concessionaire's repair center. No Program Vessel or equipment may be stored at
the Park.
It shall be Concessionaire's sole obligation to ensure that any repairs and/or
improvements made by Concessionaire to the Program Vessels complies with all
applicable life safety codes of governmental authorities having jurisdiction.
Concessionaire agrees, also at its sole cost and expense, to pay for all garbage disposal
generated by its operations. Garbage may not be disposed of at the Concession Area.
Orderlv Ooeration.
The Concessionaire shall have a neat and orderly operation at all times and shall be
solely responsible for the necessary housekeeping services to properly maintain its
Operations. Concessionaire warrants and represents that Concessionaires operation
does not require use of the parking or dock areas located at the Park. Entry and exit
shall be conducted at extreme low speeds. Standing and stopping will only occur to
allow the safe launch and retrieval of others utilizing the Boat Ramp. All applicable
rules, laws and ordinance will be adhered to by concessionaire.
No Danqerous Materials.
The Concessionaire agrees not to use or permit the storage and/or use of gasoline, fuel
oils, diesel, illuminating oils, oil lamps, combustible powered electricity producing
generators, turpentine, benzene, naphtha, propane, natural gas, or other similar
substances, combustible materials, or explosives of any kind, or any substance or thing
prohibited in the standard policies of fire insurance companies in the State of Florida, on
or within any of the Concession Areas, or on any City property and/or right of way.
Concessionaire shall indemnify and hold City harmless from any loss, damage, cost, or
expense of the City, including, without limitation, reasonable attorney's fees, incurred as
a result of, arising from, or connected with the placement by Concessionaire of any
"hazardous substance" or "petroleum products" on, under, in or upon the Concession
Areas as those terms are defined by applicable Federal and State Statute, or any
environmental rules and environmental regulations promulgated thereunder; provided,
however, Concessionaire shall have no liability in the event of the willful misconduct or
gross negligence of the City, its agents, servants or employees. The provisions of this
Subsection 9.4 shall survive the termination or earlier expiration of this Agreement.
Securitv.
The Concessionaire shall use the Concession Area at its own risk. The City shall not be
obligated to employ or provide any security measures to protect the Concession Area.
Under no circumstances shall the City be responsible for any stolen or damaged
8.4
8.5
10
NCAC#87
equipment, nor shall City be responsible for any stolen or damaged personal property
of Concessionaire's employees, contractors, agents, patrons, guests, invitees, and/or
other third parties.
8.6 lnspection.
The Concessionaire agrees that the Concession Area may be inspected at any time by
the City Manager or his designee, or by any other municipal, County, State officer, or
officers of any other agency(ies) having responsibility and/or jurisdiction for inspections
of such operations. The Concessionaire hereby waives all claims against the City for
compensation for loss or damage sustained by reason of any interference with the
concession operation as a result of inspection by any public agency(ies) or officials,
(including, without limitation, by reason of any such public agency or official in enforcing
any laws, ordinances, or regulations as a result thereof). Any such interference shall not
relieve the Concessionaire from any obligation hereunder.
SECTION 9. INSURANCE.
9.1 Without limiting its liability under this Agreement, Concessionaire shall, at all times
during the Term of this Agreement, procure and maintain, at its sole expense (and
Concessionaire shall require its Concessionaire, subcontractors, laborers, materialmen
and suppliers to provide, as applicable), insurance of the types and in the minimum
amounts stated below, and provide a certificate with applicable endorsements on a form
that is acceptable to the City's Division of lnsurance and Risk Management evidencing
the following required coverages to the City (including coverage of all Program Vessels
which shall be used by Concessionaire to operate the Program):
Schedule Limits
Worker's Compensation/Employers Liabil ity
Worker's Compensation
Employer's Liability
Florida Statutory Coverage
$1,000,000 Each Accident
$1,000,000 Disease Policy Limit
$1,000,000 Each Employee/Disease
This insurance shall cover the Concessionaire (and to the extent its subcontractors and
sub-contractors are not othenivise insured, its subcontractors and sub-contractors) for
those sources of liability which would be covered by the latest edition of the standard
Workers' Compensation policy, as filed for use in the State of Florida by the National
Council on Compensation lnsurance (NCCI), without any restrictive endorsements other
than the Florida Employers Liability Coverage Endorsement (NCCI Form WC 09 03),
those which are required by the State of Florida, or any restrictive NCCI endorsements
which, under an NCCI filing, must be attached to the policy (i.e., mandatory
endorsements). ln addition to coverage for the Florida Workers' Compensation Act,
where appropriate, coverage is to be included for the Federal Employers' Liability Act,
USL&H and Jones Act, to extent coverage is not provided by the Protection and
lndemnity policy and any other applicable federal or state law.
Hull Coveraqe: Coverage for direct damage to vessels written on American lnstitute Hull
clauses form, specifically including "Running Down clauses," "Agreed Valuation
LL
NCAC#88
clauses," and Amount of insurance based on value of vessels. The policy shall cover
collision liability on a primary basis.
Protection and lndemnitv Coveraqe: Form "SP 23" Coverage for water taxi
operations of the watercraft, as included in "SP23" for damage to any harbor, graving,
piers, bumpers, etc.; including, but not limited to, Crew to the extent coverage is not
provided by the Worker's Compensation policy, Passenger and Coverage for property
and liability from land while loading and unloading the Ferry or Water Taxi and on-board
during navigation along with Cargo Legal Liability, Dock Liability, Excess Collision over
insured hull limit.
(Coverage shall include Premises, Pollution Exclusion Buyback Endorsement A,
Personal Effects, Medical Payments, Voluntary Wreck Removal, and Pollution Buyback).
$1,000,000 coverage required.
Vessel Pollution Liability (Occ. Form)
lncluding clean-up cost $100,000 Anyone Scheduled Vessel, any
One incident for IOA 90, CERCLA, Spill
Management, Firefighting and Salvage and
Defense Cost including damage to Property
Ashore.
lncluding Water Quality lnsurance Syndicate or similar form Per Statutory coverage and
limits).
Coverage for third party liability for land based operations to the public and connection
with the amphibious tour taxi-operation, specifically including Occurrence form, Bodily
lnjury, Property Damage, Products & Completed Operations, Medical Payments,
Personal lnjury, Contractual Liability, Ship Repair Liability.
Such insurance shall be no more restrictive than that provided by the most recent
version of the standard Commercial General Liability Form (lSO Form CG 00 01) as
filed for use in the State of Florida without any restrictive endorsements other than those
approved by the City's Office of lnsurance and Risk Management.
Bumpershoot Liability
$2,000,000 GeneralAggregate
$1,000,000 EachOccurrence
$ 50,000 Fire Damage
$ 5,000 Medical Expenses
$1,000,000 Per Occurrence and Aggregate
(The Bumpershoot Liability policy shall be in excess of the Employer's Liability,
Commercial General Liability, Automobile Liability, Personal & lndemnity and Pollution
Liability limits without any gap. The Bumpershoot coverage will follow form the
underlying coverages and provide on an Occurrence basis all coverages listed
above.)
t2
NCAC#89
A.
B.
E.
F.
Waiver of Subroqation. All insurance shall be endorsed to provide for a waiver of
undenruriter's rights of subrogation in favor of the City of Miami Beach and the City's
members, officials, officers and employees.
Additional lnsured: All lnsurance, except Worker's Compensation and Professional
Liability, shall be endorsed to name the City of Miami Beach and City's members,
officials, officers, and employees. Additional Liability shall be in a form no more
restrictive than CG2010 and Automobile Liability CA2048; endorsements will be
provided to, reviewed and approved by the City's Division of lnsurance and Risk
Management prior to commencement of work.
D.
c.
G.
The Concessionaire's lnsurance Primarv. The insurance provided
Concessionaire for shall apply on a primary basis to, and shall not
contribution from, any other insurance or self-insurance maintained by the
City member, official, officer and employee.
by the
require
City or
Deductible or self-insured retention. Except as authorized in this Agreement, the
insurance maintained by the Concessionaire shall apply on a first dollar basis without
application of a self-insurance, deductible, or self-insured retention. Except as
authorized specifically in this Agreement, no self-insurance, deductible, or self-
insured retention for any required insurance, the Concessionaire shall be responsible
for paying on behalf of the City (and any other person or organization
Concessionaire has, in this Agreement, agreed to include as an insured for the
required insurance) any self-insurance, deductible, or self-insured retention allowed
under this paragraph. The City will not be responsible for any self-insurance,
deductibles or self-insured retentions under this Agreement.
Concessionaire's lnsurance Additional Remedv. Compliance with the insurance
requirements of this Agreement shall not limit the liability of the Concessionaire or its
Subcontractors or Sub- subcontractors, employees or agent to the City or others.
Any remedy provided to City or City's members, officials or employees shall be in
addition to and not in lieu of any other remedy available under this Agreement or
othenryise.
No Waiver bv the Citv Aoproval/Disapproval. Neither approval by the City nor failureto disapprove the insurance furnished by Concessionaire shall relieve
Concessionaire of Concessionaire's full responsibility to provide insurance as
required under this Agreement.
Each policy shall be written by an insurer holding a current certificate of authority
pursuant to chapter 624, Florida Statues or accompany that is declared as an
approved Surplus Lines carrier under Chapter 626 Florida Statutes. Such insurance
shall be endorsed to provide for a waiver of underwriter's rights of subrogation in
favor of the City. Such lnsurance shall be written by an insurer with an A.M. Best
Rating of A-Vll or better. Prior to commencing any Services, Certificates of lnsurance
approved by the City's Division of lnsurance & Risk Management demonstrating the
maintenance of said insurance shall be furnished to City. The Concessionaire shall
13
NCAC#90
provide an endorsement issued by the insurer to provide the City thirty (30) days
prior written notice of any change in the above insurance coverage limits or
cancellation, including expiration or non-renewal. ln the event the Concessionaire is
unable to obtain such endorsement, the Concessionaire agrees to provide the City
the notice directly. Until such time as the insurance is no longer required to be
maintained by the Concessionaire, Concessionaire shall provide the City with
renewal or replacement evidence of insurance with the above minimum requirements
no less than 30 days before the expiration or termination of the insurance for which
previous evidence of insurance has been provided.
Notwithstanding the prior submission of a Certificate of lnsurance, copies of
endorsements, or other evidence initially acceptable to City's Division of lnsurance
and Risk Management, if requested to do so by the City, the Concessionaire shall,
within thirty (30) days after receipt of a written request from the City, provide the City
with a certified, complete copy of the policies of insurance providing the coverage
required herein.
Anything to the contrary notwithstanding, the liabilities of the Concessionaire under
this Agreement shall survive and not be terminated, reduced or othenrise limited by
any expiration or termination of insurance coverage. Neither approval of, nor failure
to disapprove, insurance furnished by the Concessionaire shall relieve the
Concessionaire or its sub-contractors or sub-subcontractors from responsibility to
provide insurance as required by the Agreement.
Depending upon the nature of any aspect of any project and its accompanying
exposures and liabilities, the City may, at its sole option require additional insurance
coverages in amounts responsive to those liabilities, which may or may not require
that the City also be named as an additional insured.
Concessionaire's failure to provide evidence of insurance coverage set forth in this
Section 9, within two (2) days from receipt of a written request from the City shall
constitute a material default under this Agreement and shall entitle the City to pursue
its default remedies, as set forth in subsection 12.4, without affording Concessionaire
an opportunity to cure the default.
SECTION 10. INDEMNIffiRELEASE.
10.1 ln consideration of a separate and specific consideration of Ten ($10.00) Dollars and
other good and valuable consideration the receipt and sufficiency of which are hereby
acknowledged, Concessionaire shall indemnify, hold harmless and defend the City, its
officials, directors, employees, contractors, agents, and servants from and against any
and all actions (whether at law or inequity), claims, liabilities, losses, and expenses,
including, but not limited to, attorneys'fees and costs, for personal, economic or bodily
injury, wrongful death, loss of or damage to property, which may arise or be alleged to
have arisen from: (1) wholly or in part from the negligent acts, errors, omissions or other
misconduct of Concessionaire, its officers, director, members, employees, agents,
contractors, subcontractors, or any other person or entity acting under Concessionaire's
H.
t.
J.
K.
NCAC#91
control or supervision; (2) Concessionaire's breach of the terms of this Agreement or its
representations and warranties herein; or (3) the operation of the Program. To that
extent, Concessionaire shall pay all such claims and losses and shall pay all such costs
and judgments which may issue from any lawsuit arising from such claims and losses,
and shall pay all costs and attorneys'fees expended by the City in the defense of such
claims and losses, including appeals.
10.2 ln addition, in consideration of a separate and specific consideration of Ten ($10.00)
Dollars and other good and valuable consideration the receipt and sufficiency of which
are hereby acknowledged, Concessionaire shall indemnify, hold harmless and defend
the City, its officials, directors, employees, contractors, agents, and servants from and
against any claim, demand or cause of action of whatever kind or nature arising out of
any misconduct of Concessionaire, its officials, directors, employees, contractors,
agents, and servants not included in the paragraph in the subsection above and for
which the City, its officials, directors, employees, contractors, agents, and servants are
alleged to be liable.
10.3 Subsections 10.1 and 10.2 shall survive the termination or expiration of this Agreement.
Subsections 10.1 and 10.2 shall not apply, however, to any such liability that arises as a
result of the willful misconduct or gross negligence of the City.
10.4 Release of Liabilitv for Prooram Participants. Concessionaire shall ensure that Program
participants execute a release in connection with their participation in the Program,
which release shall include the City as an additional releasee thereunder.
Concessionaire shall provide the City with a copy of the release form for approval by the
City's Risk Manager, which approved release form shall be attached as Exhibit 3 hereto.
SECTION 11. FORCE MAJEURE.
11.1 Neither party shall be obligated to perform hereunder and neither party shall be deemed
to be in default if performance is prevented by:
a. Any act or chain of related acts resulting in destruction, vandalism or theft of
water stations which render at least fifty (50%) percent of the Concessionaire
Areas unusable at any one point in time and which is not caused by negligence
of Concessionaire;
b. earthquake; hurricane; flood; act of God; direct act of terrorism; or civil
commotion occurring which renders at least fifty (50%) percent of the Concession
Areas unusable.
c. any law, ordinance, rule, regulation or order of any public or military authority
stemming from the existence of economic or energy controls, hostilities, or war
which renders at least fifty (50%) percent of the Concession Areas unusable.
11.2 Labor Dispute.
ln the event of a labor dispute which results in a strike, picket or boycott affecting at least
fifty (50%) percent of the Concession Areas, Concessionaire shall not thereby be
deemed to be in default or to have breached any part of this Agreement, unless such
15
NCAC#92
dispute shall have been caused by illegal labor practices or violations by Concessionaire
of applicable collective bargaining Agreements (and there has been a final determination
of such fact which is not cured by Concessionaire within thirty (30) days).
11.3 Waiver of Loss from Hazards.
The Concessionaire hereby expressly waives all claims against the City for loss or
damage sustained by the Concessionaire resulting from any Force Majeure
contemplated in Subsection 11.1 and Labor Dispute in Subsection 11.2 above, and the
Concessionaire hereby expressly waives all rights, claims, and demands against the City
and forever releases and discharges the City of Miami Beach, Florida, from all demands,
claims, actions and causes of action arising from any of the aforesaid causes.
SECTION 12. DEFAULT AND TERMINATION.
Subsections 12.1 through 12.3 shall constitute events of default under this Agreement. An
event of default by Concessionaire shall entitle the City to exercise any and all remedies
described as City's remedies under this Agreement, including but not limited to those set forth in
Subsection 12.4.
12.1
12.2
Bankruptcv.
lf either the City or Concessionaire shall be adjudged bankrupt or insolvent, or if
any receiver or trustee of all or any part of the business property of either party
shall be appointed, or if any receiver of all or any part of the business property
shall be appointed and shall not be discharged within sixty (60) days after
appointment, or if either party shall make an assignment of its property for the
benefit of creditors, or shall file a voluntary petition in bankruptcy, or insolvency,
or shall apply for reorganization or arrangement with its creditors under the
bankruptcy or insolvency laws now in force or hereinafter enacted, Federal,
State, or otherwise, or if such petitions shall be filed against either party and shall
not be dismissed within sixty (60) days after such filing, then the other party may
immediately, or at any time thereafter, and without further demand or notice,
terminate this Agreement without being preludiced as to any remedies which may
be available to it for breach of contract.
Default in Pavment.
!n the event Concessionaire fails to submit any payment within five (5) days of its
due date, there shall be a late charge of One Hundred and Fifty ($150.00) Dollars
per day for such late payment, in addition to the interest which accrues pursuant
to subsection 4.2. lf any payment and accumulated penalties are not received
within ten (10) days after the payment due date, and such failure continues for
ten (10) days after written notice thereof, then the City may, without further
demand or notice, terminate this Concession Agreement without being
prejudiced as to any remedies which may be available to it for breach of contract.
L6
NCAC#93
12.3
12.4
Non-Monetarv Default.
Unless otherwise set forth in this Agreement, in the event that Concessionaire or
the City fails to reasonably perform or observe the non-monetary covenants,
terms or provisions under this Agreement, and such failure continues ten (10)
days after written notice thereof from the other party hereto, such non-defaulting
party may immediately or at any time thereafter, and without further demand or
notice, terminate this Agreement without being prejudiced as to any remedies
which may be available to it for breach of contract. ln the event that a default is
not reasonably susceptible to being cured within such period, the defaulting party
shall not be considered in default if it shall, within such period, commence with
due diligence and dispatch to cure such default and thereafter completes with
dispatch and due diligence the curing of such default, but in no event shall such
extended cure period exceed thirty (30) days from the date of written notice
thereof. ln the event Concessionaire cures any default pursuant to this
subsection, it shall promptly provide the City Manager with written notice of
same.
Citv's Remedies for Concessionaire's Default.
lf any of the events of default, as set forth in this Section, shall occur, the City
may, after expiration of the cure periods, as provided above (unless otherwise
provided in the Agreement), at its sole option and discretion, institute such
proceedings as in its opinion are necessary to cure such defaults and to
compensate City for damages resulting from such defaults, including but not
limited to the right to give to Concessionaire a notice of termination of this
Agreement. lf such notice is given, the term of this Agreement shall terminate
upon the date specified in such notice from City to Concessionaire. On the date
so specified, Concessionaire shall then quit and surrender the Concession Area
to City pursuant to the provisions of Subsection 12.6. Upon the termination of this
Agreement, all rights and interest of Concessionaire in and to the Concession
Area and to this Agreement, and every part thereof, shall cease and terminate
and City may, in addition to any other rights and remedies it may have, retain all
sums paid to it by Concessionaire under this Agreement.
ln addition to the rights set forth above, the City shall have the right to pursue any
and all of the following:
a. the right to injunction or other similar relief available to it under Florida law
against Concessionaire; and/or
b. the right to maintain any and all actions at law or suits in equity or other
proper proceedings to obtain damages resulting from Concessionaire's
default.
lf an event of default by the City shall occur, the Concessionaire may, after
expiration of the cure periods, as provided above, terminate this Agreement upon
written notice to the City. Said termination shall become effective upon receipt of
a written notice of termination by the City, but in no event shall Concessionaire
12.5
L7
NCAC#94
12.6
12.7
12.8
specify a termination date that is less than thirty (30) days from the date of the
written termination notice. On the date specified in the notice, Concessionaire
shall quit and surrender the Concession Area(s) to City pursuant to the
provisions of Subsection 12.6.
Surrender of Concession Areas / Removal bv Concessionaire of
Eq uipmenUl m orovements.
Upon expiration, or earlier termination of this Agreement, Concessionaire shall
surrender the Concession Areas in the same condition as the Concession
Areas were prior to the Commencement Date, reasonable wear and tear
excepted. Concessionaire shall, at its sole expense and at no charge to the
City, cease using the Concession Area, no later than thirty (30) days after the
conclusion of the Term, (or from the date of other termination of this Agreement)
unless a longer time period is agreed to, in writing, by the City Manager).
Concessionaire's obligation to observe or perform this covenant shall survive the
expiration or other termination of this Agreement. Continued occupancy of any
Concession Areas after termination of the Agreement shall constitute trespass by
the Concessionaire, and may be prosecuted as such. ln addition, the
Concessionaire shall pay to the City One Thousand ($1,000.00) Dollars per day
per Concession Area as liquidated damages for such trespass and holding over.
Substitute Performance
ln the event that the Concessionaire fails to properly perform its obligations or
cure any default under the Agreement, after receipt of written notice from the
City, then the City shall have the right, but not the obligation, to undertake
Concessionaire's duties and obligations under the Agreement, as the City
Manager deems appropriate, and to charge Concessionaire for all actual costs
thereby incurred by the City. Concessionaire shall be responsible for paying all
of said costs.
Termination for Convenience of the Citv
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT
ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO
CONCESSIONAIRE OF SUCH TERMINATION, WHICH SHALL BECOME
EFFECTTVE WTTHTN THTRTY (30) DAYS FOLLOWING RECEIPT BY THE
GONCESSIONAIRE OF SUCH NOTICE, FOLLOWING WHICH THE CITY
SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND
TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT.
Citv Manaqer Emerqencv Powers
A. Notwithstanding anything to the contrary contained in this Agreement, and in
addition to any other remedy which the City may have under this Agreement or
pursuant to applicable law, if the performance by Concessionaire under this
12.9
18
NCAC#95
Agreement or the Program is creating a public health, welfare or safety concern,
as determined by the City Manager, in the City Manager's sole discretion, the
City Manager may immediately suspend the performance of services under this
Agreement, including the Program, until such time as the condition has been
remedied to the satisfaction of the City Manager.
B. Removal of Concessionaire's Propertv durinq Emerqencv Situations. The City
Manager or his/her designee may direct or require the Concessionaire to
immediately remove, relocate and/or store any equipment located on the
Concession Area and any Program Vessel ("Concessionaire's Property") for
public safety considerations in emergency situations, including, without limitation,
a threatened tropical storm or hurricane. Upon written and/or verbal notification
by the City Manager of a tropical storm/hurricane warning or alert, or other major
weather event that may adversely impact the City, or upon the designation by the
United States National Weather Service or National Hurricane Center of a
tropical storm/hurricane warning or alert, whichever occurs first, the
Concessionaire shall, within no more than two hours of same, remove and store
all of Concessionaire's Property to secure Concessionaire's Property in response
to the threatened storm or other emergency, and shall take all other measures
which may be necessary for the protection of the public with respect thereto. The
notification by the City Manager of a hurricane or other major weather event, or
the issuance of a hurricane warning, shall constitute a public emergency
situation. The failure of the City to direct the Concessionaire to remove or safety
store Concessionaire's Property shall not relieve the Concessionaire of its
obligation to remove and store Concessionaire's Property in response to a
threatened storm event as outlined herein.
Should Concessionaire fail to remove Concessionaire's Property within said two
(2) hour period, or in the event the City Manager or his/her designee determines,
at his/her sole discretion, that Concessionaire's removal, storage and other
efforts are otherwise not satisfactory, Concessionaire shall thereafter be
assessed a fee of $50.00 per hour, until such time as all of Concessionaire's
Property have been removed to the City Manager's satisfaction. ln addition, the
City Manager, without any obligation to do so, may immediately proceed to
remove, relocate, and/or store the Concessionaire's Property that has otherwise
not been removed by the Concessionaire, at the Concessionaire's sole cost and
expense, with payment to the City for all such costs due within thirty (30) days of
City's invoice to Concessionaire.
Concessionaire shall be solely responsible for any damage to City property or
other property resulting from Concessionaire's failure to remove and store
Concessionaire's property, or othenruise implement appropriate measures in
response to a threatened storm or hurricane.
Concessionaire's failure to comply with this Section shall constitute a material default
under this Agreement and shall entitle the City to pursue its default remedies, as
set forth in subsection 12.4, without affording Concessionaire an opportunity to
cure the default. The remedies identified herein for Concessionaire's failure to comply
with this Section are cumulative, and in addition to, all remedies that may be available to
the City at law and in equity.
19
NCAC#96
SECTION 13. PERFORMANCE BOND OR ALTERNATE SECURITY.
INTENTIONALLY OMITTED
SECTION 14. ASSIGNMENT.
Concessionaire shall not assign all or any portion of its costs or obligations under this
Agreement without the prior written consent of the City Commission, which consent shall be at
the sole and absolute discretion of the City Commission. Concessionaire shall notify the City
Manager of any proposed assignment, in writing, at least sixty (60) days prior to the proposed
effective date of such assignment. ln the event that any such assignment is approved by the
City Commission, the assignee shall agree to be bound by all the covenants of this Agreement
required of Concessionaire.
SECTION 15. NO IMPROPER USE.
The Concessionaire will not use, nor suffer or permit any person to use in any
manner whatsoever, the Concession Area or Program Vessel, for any illegal, improper, immoral
or offensive purpose, or for any other purpose in violation of any Federal, State, County, or
municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. The Concessionaire will protect, indemnify, and forever
save and keep harmless the City, its officials, employees, contractors, and agents from and
against damage, penalty, fine, judgment, expense or charge suffered, imposed, assessed or
incurred for any violation, or breach of any law, ordinance, rule, order or regulation occasioned
by any act, neglect or omission of the Concessionaire, or any official, director, agent, contractor,
or servant regarding the concession. ln the event of any violation by the Concessionaire, or if
the City or its authorized representative shall deem any conduct on the part of the
Concessionaire to be objectionable or improper, the City shall have the right to suspend
concession operation should the Concessionaire fail to correct any such violation, conduct, or
practice to the satisfaction of the City Manager or his designee within twenty-four (24)
hours following written notice of the nature and extent of such violation, conduct, or
practice. Such suspension to continue until the violation is cured to the satisfaction from the
City Manager or his designee.
SECTION 16. NOTICES.
All notices from the City to the Concessionaire shall be deemed duly served upon receipt, if
mailed by registered or certified mail return receipt to the address to the Concessionaire at the
following address:
With copies to:
20
NCAC#97
All notices from the Concessionaire to the City shall be deemed duly served upon
receipt, if mailed by registered or certified mail return receipt requested to the City of
Miami Beach at the following addresses:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: Parks and Recreation Director
With copy to:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: City Manager
The Concessionaire and the City may change the above mailing address at any time
upon giving the other party written notification. All notices under this Concession
Agreement must be in writing.
SECTION 17. LAWS.
17.1 Compliance.
Concessionaire shall comply with all applicable City, County, State, and Federal
ordinances, statutes, rules and regulations, including but not limited to all applicable
environmental City, County, State, and Federal ordinances, statutes, rules and
regulations.
17.2 Governino Law.
Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
17.3 Equal EmplovmentOpportunitv.
Neither Concessionaire nor any affiliate of Concessionaire performing services
hereunder, or pursuant hereto, will discriminate against any employee or applicant for
employment because of race, creed, sex, color, national origin, sexual orientation, and
disability (as defined in Title I of ADA). Concessionaire will take affirmative steps to
utilize minorities and females in the work force and in correlative business enterprises.
2L
NCAC#98
17.4 NoDiscrimination.
All operations and services offered in the Concession Area shall be made available to
the public, subject to the right of the Concessionaire and the City to establish and
enforce reasonable rules and regulations to provide for the safety, orderly operation, and
security of the Concession Area and improvements and equipment thereon.
Concessionaire hereby agrees to comply with City of Miami Beach Human Rights
Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to
time, prohibiting discrimination in employment, housing, public accommodations, or
public services, on the basis of actual or perceived race, color, national origin, religion,
sex, intersexuality, sexual orientation, gender identity, familial and marital status, age,
ancestry, height, weight, domestic partner status, labor organization membership,
familial situation, political affiliation, or disability.
SEGTION 18. MISCELLANEOUS.
18.1 No Partnership.
Nothing contained in this Agreement shall constitute or be construed to be or create a
partnership or joint venture between the City and Concessionaire.
18.2 Modifications.
This Agreement cannot be changed or modified except by Agreement in writing
executed by all parties hereto. Concessionaire acknowledges that no modification to this
Agreement may be agreed to by the City unless approved by the Mayor and City
Commission except where such authority has been expressly provided herein to the City
Manager or his designee.
18.3 CompleteAoreement.
This Agreement, together with all exhibits incorporated hereto, constitutes all the
understandings and Agreements of whatsoever nature or kind existing between the
parties with respect to Concessionaire's operations, as contemplated herein.
18.4 Headinos.
The section, subsection and paragraph headings contained herein are for convenience
of reference only and are not intended to define, limit, or describe the scope or intent of
any provision of this Agreement.
22
NCAC#99
18.5 Bindino Effect.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and permitted assigns.
18.6 Clauses.
The illegality or invalidity of any term or any clause of this Agreement shall not affect the
validity of the remainder of the Agreement, and the Agreement shall remain in full force
and effect as if such illegal or invalid term or clause were not contained herein unless the
elimination of such provision detrimentally reduces the consideration that either party is
to receive under this Agreement or materially affects the continuing operation of
this Agreement.
18.7 Severabilitv.
lf any provision of this Agreement or any portion of such provision or the application
thereof to any person or circumstance shall be held to be invalid or unenforceable, or
shall become a violation of any local, State, or Federal laws, then the same as so
applied shall no longer be a part of this Agreement but the remainder of the Agreement,
such provisions and the application thereof to other persons or circumstances, shall not
be affected thereby and this Agreement as so modified shall.
18.8 Rioht of Entrv.
The City, at the direction of the City Manager, shall at all times during hours of operation,
have the right to enter into and upon any and all parts of the Concession Area(s) for the
purposes of examining the same for any reason relating to the obligations of parties to
this Agreement.
18.9 Not a Lease.
It is expressly understood and agreed that no part, parcel, building, facility, equipment or
space is leased to the Concessionaire, that it is a concessionaire and not a lessee; that
the Concessionaire's right to operate the concession shall continue only so long as this
Agreement remains in effect.
18.10 Siqnaqe.
Concessionaire shall not be permitted to install any signage at the Concession Area.
23
NCAC#100
18.11 Procedure for Approvals and/or Consents.
ln each instance in which the approval or consent of the City Manager or his designee is
allowed or required in this Agreement, it is acknowledged that such authority has been
expressly provided herein to the City Manager or his designee by the Mayor and City
Commission of the City. ln each instance in which the approval or consent of the City
Manager or his designee is allowed or required in this Agreement, Concessionaire shall
send to the City Manager a written request for approval or consent (the "Approval
Request").
The City Manager or his designee shall use reasonable efforts to provide written notice
to Concessionaire approving of consent to, or disapproving of the request, within thirty
(30) days from the date of Approval Request (or within such other time period as may be
expressly set forth for a particular approval or consent under this Agreement). However,
the City Manager or his designee's failure to consider such request within this time
provided shall not be deemed a waiver, nor shall Concessionaire assume that the
request is automatically approved and consented to. The City Manager or his
designee shall not unreasonably withhold such approval or consent. This
Subsection shall not apply to approvals required herein by the Mayor and
City Commission.
18.12 No Waiver.
It is mutually covenanted and agreed by and between the parties hereto that the failure
of the City to insist upon the strict performance of any of the conditions, covenants,
terms or provisions of this Agreement, or to exercise any option herein conferred, will not
be considered or construed as a waiver or relinquishment for the future of any such
conditions, covenants, terms, provisions or options but the same shall continue and
remain in full force and effect. A waiver of any term expressed herein shall not be
implied by any neglect of the City to declare a forfeiture on account of the violation of
such term if such violation by continued or repeated subsequently and any express
waiver shall not affect any term other than the one specified in such waiver and that one
only for the time and in the manner specifically stated.
The receipt of any sum paid by Concessionaire to the City after breach of any condition,
covenant, term or provision herein contained shall not be deemed a waiver of such
breach, but shall be taken, considered and construed as payment for use and
occupation, and not as rent, unless such breach be expressly waived in writing by the
City.
18.13 No Third Partv Beneficiarv.
Nothing in this Agreement shall confer upon any person or entity, including, but not
limited to sub concessionaires, other than the parties hereto and their respective
successors and permitted assigns, any rights or remedies by reason of this Agreement.
24
NCAC#101
18.14 No Lien
ln the event any notice or claim of lien shall be asserted against the interest of the City
on account of or arising from any work done by or for Concessionaire, or any person
claiming by, through or under Concessionaire, or for improvements or work, the cost of
which is the responsibility of Concessionaire, Concessionaire agrees to have such notice
or claim of lien cancelled and discharged within fifteen (15) days after notice to
Concessionaire by City. ln the event Concessionaire fails to do so, City may terminate
this Agreement for cause without liability to City.
SECTION 19. LIMITATION OF LIABILITY.
The City desires to enter into this Agreement placing the operation and management of
the Concession Area(s) in the hands of a private management entity only if so doing the City
can place a limit on its liability for any cause of action for breach of this Agreement, so that its
liability for any such breach never exceeds the sum of Five Thousand ($5,000.00) Dollars.
Concessionaire hereby expresses its willingness to enter into this Agreement Five
Thousand ($5,000.00) Dollars limitation on recovery for any action for breach of contract.
Accordingly, and in consideration of the separate consideration of Five Thousand ($5,000.00)
Dollars, the receipt of which is hereby acknowledged, the City shall not be liable to
Concessionaire for damages to Concessionaire in an amount in excess of Five
Thousand ($5,000.00) Dollars, for any action for breach of contract arising out of the
performance or on-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be
a waiver of limitation placed upon the City's liability as set forth in Florida Statutes, Section
768.28.
SECTION 20. VENUE/WAIVER OF JURY TRIAL.
This Agreement shall be deemed to have been made and shall be construed and interpreted in
accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-
Dade County, Florida, and if legal action is necessary by either party with respect to the
enforcement of any and all the terms or conditions herein, exclusive venue for the enforcement
of same shall lie in Miami-Dade County, Florida.
CITY AND CONCESSIONAIRE HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE
RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT CITY
AND CONCESSIONAIRE MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER
WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS
AGREEMENT OR THE CONCESSTON AREA(S).
SECTION 21. CONCESSIONAIRE'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS
LAW.
21.1 Contractor shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time. Records made or received in
connection with this Agreement are public records under Florida law, as defined in
Section 1 19.01 1(12), Florida Statutes.
25
NCAC#102
21.2 Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the
definition of Contractor as defined in Section 1 19.0701(1 Xa), the Contractor shall:
(A) Keep and maintain public records required by the City to perform the service;
(B) Upon request from the City's custodian of public records, provide the City with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes or as otherwise provided by law;
(C) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law, for
the duration of the contract term and following completion of the Agreement if the
Contractor does not transfer the records to the City;
(D) Upon completion of the Agreement, transfer, at no cost to the City, all public records
in possession of the Contractor or keep and maintain public records required by the
City to perform the service. lf the Contractor transfers all public records to the City
upon completion of the Agreement, the Contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. lf the Contractor keeps and maintains public records upon completion
of the Agreement, the Contractor shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the City, upon
request from the City's custodian of public records, in a format that is compatible with
the information technology systems of the City.
21.3 Request for Records; Noncompliance.
(A) A request to inspect or copy public records relating to the City's contract for services
must be made directly to the City. lf the City does not possess the requested
records, the City shall immediately notify the Contractor of the request, and the
Contractor must provide the records to the City or allow the records to be inspected
or copied within a reasonable time.
(B) Contractor's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or (3) avail itself of any available remedies at law or in equity.
(C) A Contractor who fails to provide the public records to the City within a reasonable
time may be subject to penalties under s. 1 19.10.
21.4 CivilAction.
(A) lf a civil action is filed against a Contractor to compel production of public records
relating to the City's contract for services, the court shall assess and award against
the Contractor the reasonable costs of enforcement, including reasonable attorney
fees, if:
1. The court determines that the Contractor unlav'rfully refused to comply with the
public records request within a reasonable time; and
26
NCAC#103
2. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the Contractor
has not complied with the request, to the City and to the Contractor.
(B)A notice complies with subparagraph (1Xb) if it is sent to the City's custodian of
public records and to the Contractor at the Contractor's address listed on its contract
with the City or to the Contractor's registered agent. Such notices must be sent by
common carrier delivery service or by registered, Global Express Guaranteed, or
certified mail, with postage or shipping paid by the sender and with evidence of
delivery, which may be in an electronic format.
(C) A Contractor who complies with a public records request within 8 business days after
the notice is sent is not liable for the reasonable costs of enforcement.
21,5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
17OO CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAI L: RAFAELGRANADOMIAMI BEACH FLGOV
PHONE: 305-673-7411
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
27
NCAC#104
lN WTNESS WHEREOF, the parties hereto have caused their names to be signed and their
seals to be affixed, al! as of the day and year first above written, indicating their Agreement.
Attest:CITY OF MIAMI BEACH, FLORIDA
Rafael E. Granado, City Clerk Philip Levine, Mayor
Attest:
Print Name and Title Print Name and Title
28
NCAC#105
Exhibit 1
Barry Kutun Boat Ramp at Maurice Gibb Memorial Park
Commercial Concess,on Sife Plan
* crossed morked section is concession oreo
Gffi1,
hl rl:
k!ik3, i
ti }}l-I
29
NCAC#106
Exhibit 2
Application for Commercial Concession Operations
at Public Boat Ramps
30
NCAC#107
Exhibit 3
Re/ease Form
31
NCAC#108
Exhibit D:
Resolution No. 2076-29370
NCAC#109
RESOLUTTON NO. 2016-29370
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NETGHBORHOOD AND
colUlMUNlTY AFFAIRS COMMITTEE (NCAC) AND AppROVtNG, tN CONCEPT, A ptLOT
PROGRAM FOR WATER TAXI SERVICES AT THE PURDY AVENUE DOCK; AUTHORTZING
THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH WATER TAXI MIAMI, !NC.
FOR THE PILOT PROGRAM, PURSUANT TO |NVTTATTON TO NEGOTTATE (tTN) 20{4-326-
JR FOR A PUBLIG WATERBORNE TRANSPORTATION CONCESSION; SAID AGREEMENT
HAVING A TERM OF ONE YEAR, BASED UPON THE ESSENTIAL TERMS SET FORTH tN
THIS RESOLUTION; AND FURTHER AUTHORIZTNG THE CITY MANAGER TO EXECUTE
THE FINAL NEGOTIATED AGREEMENT.
WHEREAS, on November 19, 2014, the City Commission adopted Resolution 2014-28847
authorizing the Administration to negotiate with lsland Queen CruisesMater Taxi Miami lnc.
(Concessionaire) for a Public Waterborne Transportation Concession at several locations throughout the
City pursuant to lnvitation To Negotiate (lTN) 2014-326-JR; and
WHEREAS, on January 29,2015, the Administration held a negotiations meeting including staff
from pertinent City departments, including Transportation, Procurement, Legal, and Tourism as well as
representatives of the Concessionaire; and
WHEREAS, the initial discussions were held regarding locations, proposed plan of action and
desired outcome as well as the City's intent to provide low cost service comparable to existing transit
services for commuters and residents of Miami Beach; and
WHEREAS, during subsequent negotiation meetings, the Concessionaire expressed some
concerns with starting operation during 2015 due to construction of the west Venetian Causeway bridge;
and
WHEREAS, the closure of the bridge represented an impact to the Concessionaire's proposed
headways and a burden to the commuters who would have to travel nearly one hour to go from Bayside
to Sunset Harbour; and
WHEREAS, on November 3, 2015, the Administration held a follow-up negotiations meeting with
the Concessionaire where draft terms prepared by the City based on existing Agreements for Waterborne
Transportation Concessions (water taxi service) by other public agdncies within the State of Florida were
discussed; and
WHEREAS, the Concessionaire requested to perform a pilot program during Art Basel2015 prior
to accepting the terms in the proposed draft terms due to the Concessionaire's concerns regarding
potential ridership, adherence to schedule, and potential operational issues associated with a permanent
service; and
WHEREAS, on December 2, 2015, the City of Miami Beach executed a Temporary Lefter
Agreement with Water Taxi Miami, for the operation of a waterborne concession service pilot program
during Art Basel 2015 from December 3 to December 6, 2015, which allowed the Concessionaire to
operate a water tiaxi service on an hourly basis between the hours of 11:00 AM and 11:00 PM from/to Sea
lsle Marina (near Omni Transit Station) in the City of Miami to/from Purdy Avenue Dock in the City of
Miami Beach, while being manned by Concessionaire during the hours of operation; and
WHEREAS, on January 25,2016, the Concessionaire met with City staff and advised that based
upon the limited demand for water taxi services during the Art Basel event, Concessionaire could not
proceed with the obligation to fund the construction of a permanent dock, and instead proposed a pilot
NCAC#110
program for special events and the start of water taxi services on a limited basis in order to advertise the
service and allow for a ramp-up period for a commuter service between the City and the mainland; and
WHEREAS, on February 9, 20'16, the City of Miami Beach issued a special event permit to the
permittee of the Yacht Show for the operation of a water taxi service pilot program during Yacht Show
2016, from February 11 to February 15, 2016, which allowed the Concessionaire to operate a frequent
water taxi service between the hours of 8:00 AM and 10:00 PM from/to Bayside in the City of Miami
to/from Purdy Avenue Dock in the City of Miami Beach free of charge for the riders; and
WHEREAS, during the Yacht Show, the Permittee was required to pay a Cig dock fee to cover
the cost of a dedicated dock master, who was retained by the City to ensure the legal, organized, and
safe operation of water taxi service by Water Taxi Miami at the Purdy Avenue Dock; and
WHEREAS, on March 11, 2016, the NCAC recommended that the Administration submit the
conceptual plan of a pilot program for water taxi service at the Purdy Avenue Dock with more specific
details for consideration and direction by the full City Commission meeting; and
WHEREAS, in connection with allowing this limited commercial use of the dock for a pilot
program for water taxi services, the Administration recommends considering the current uses at the Purdy
Dock and boat ramp, including enforcement action for continued violations of prohibited commercial uses;
and
WHEREAS, the ITN required the Concessionaire to provide water taxi services and to provide the
docking facilities; however, based upon the concerns expressed by the Concessionaire, the
Administration recommends that the City tiake responsibility for the construction of the docking facilities
and include said project cost as a submittal in the fiscal year 2016-2017 proposed capital budget; and
WHEREAS, the Administration recommends that the Mayor and City Commission approve and
authorize a one year pilot program, based upon the following essentialterms:
A. Route: servicing Purdy Avenue Dock as part of the current water taxi route (Bayside
Marketplace-Miami Beach Marina-Sea lsle Marina-Bayside Marketplace);
B. Ooeration: weekend operation (Friday to Sunday) at the Purdy Avenue dock, using a 38
passenger vesselwith the ability to accommodate bicycles;
C. Hours of Ooeration: 't1:30 AM to 7:00 PM (summer time) with the ability to extend the hours
of operation from 7:30 AM to 11:30 PM once demand warrants; proposed frequency of
service is 90 minutes;
D. Fares: children under 1 year of age: no charge; adults/children over 1 year of age: $15-$30
for one way/round trip; City of Miami Beach residents, senior citizens and military service
members $10-$20; a monthly pass: $95; and an annualpass: $295;E. Dock Master: Concessionaire committed to providing the water taxi attendant at the Purdy
Dock during hours of operation to assist water tiaxi passengers to and from the Purdy Dock;
andF. Fee to City: Concessionaire shall pay a surcharge per ticket sold that would help fund a City
dock master, with the following surcharges: $0.75 for tickets $1.00-$14.99; $1.00 for tickets
$15.00-$29.99, and $2.00 for tickets $30.00 and up.
WHEREAS, at the April 13, 2016 City Commission meeting, the Mayor and City Commission
approved, in concept, a pilot program for water taxi services and authorized the Administration to
negotiate a one year agreement, based upon the essential terms set forth in this Resolution, with the
following amendments: 1) the agreement must include a termination (for cause) clause with a notice and
cure provision; 2) any expansion of operations based upon demand must be preapproved by the City
Gommission; 3) the City is directed to explore all funding options in connection with the construction of a
dock which addresses the needs of motorized and non-motorized vessels; and 4) the City shall retain a
full-time employee during the day to prevent unauthorized commercial operations at the Purdy Dock.
NCAC#111
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the
recommendation of the Neighborhood and Community Affairs Committee (NCAC) and approve, in
concept, a pilot program for water taxi services at the Purdy Avenue dock; authorize the Administration to
negotiate an agreement with Water Taxi Miami, lnc. for the pilot program, pursuant to lnvitation to
Negotiate (lTN) 2014-326-JR for a Public Waterborne Transportation Concession, said agreement having
a term of one year, based upon the essential terms set forth in this Resolution; and further authorize the
City Manager to execute the final negotiated agreement.
PAssED AND ADoPTED THts I3 DAY OF trP,iI ZO1C.
APPROVED A$TO
FORM & LANGUAGE
& FQR EXECUTION
*,t c*, [- ,l trt,
T:\AGENDAUo16lAprill Conceptually Approving lhe Waler Taxi
NCAC#112
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMT BEACH, FLORIDA,
ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD AND COMMUNITY AFFAIRS
COMMITTEE (NCAC) CONCEPTUALLY APPROVING THE WATER TA)( PILOT PROGRAM FOR A TERM OF
ONE YEAR FROM PURDY AVENUE DOCK
Source of Funds:Amount Account
Total
Financial lmpact Summarv: N/A
Cigi Clerk's Office Legislative Tracking:
I Jose t<. Gonzalez, P.E.
I
SignOffs:
T:\AGENDA\201 Accepiing the from the NCAC Conceptually theWaterTaxi
Pilot Program for a term of one year-SUM.doc
AcENoA ,r.* R1 Ln^.=i1lf6
Key lntended Outcome Supported:
Item Summary:
Financial lnformaUon:
On November 19, 2O14, the City Commission adopted Resolution 2014-28847 authorizing the to
negotiate with lsland Queen CruisesMater Taxi Miami lnc. (Concessionaire) for a Public Waterborne Transportation
Concession at several locations throughout the City pursuant to lnvitation To Negotiate (lTN) 2014-32&JR. The City
has been in negotiations since that time but these negotiations were impacted by the construction of the west Venetian
Causeway bridge which resulted in the east bridge being in lock down.
ln the interim, the Concessionaire requesled to operate a pilot program during Art Basel 2015 prior to accepting the
terms, and on, December 2,2015, the City of Miami Beach executed a Temporary Letter Agreement with Water Taxi
Miami for the operation of a waterborne concession service pilot program during Art Easel 2015. During the Art Basel
2015 Pilot, City staff noted that the Purdy Boat Ramp was used mainly by an aquatic Uber service which was provided
in partnership with the Concessionaire. The service plan and vessels used were not approved as part of the Temporary
Agreement and as such are considered to have operated without permission. On February 9, 2016, the City of Miami
Beach issued a special event permit to the Yacht Show for the operation of a water taxi service pilot program during
Yacht Show 2016. The permittee was required to pay the City dock fee and the water taxi service was free-of-charge.
6000 passengers used this service to/from the Purdy Avenue Dock.
ln the City's lnvitation To Negotiate for Waterborne Transportation Services, the City required the Concessionaire to
provide docking facilities. Based on a review of other similar water taxi operations, it is recommended that the City take
responsibility for the construction of the dock and include as a submittal in the FY16/1 7 proposed capital budget. ln the
interim, it is recommended that the City authorize a one year pilot program comprised of the following: Servicing Purdy
Avenue Dock as part of the current water taxi route (Bayside Marketplace-Miami Beach Marina-Sea lsle Marina-Bayside
Marketplace); weekend operation (Friday to Sunday) using a 38 passenger vessel with ability to accommodate bicycles;
hours of operation at Purdy Avenue Dock would be 1 1 :30 AM to 7:00 PM (summer hours) with the ability to extend from
7:30 AM to 11:30 PM once demand warrants; proposed frequency of service is 90 minutes; proposed fares are for
children under 1: no charge; for adults/children over 1: $1S$30 for one way/round trip with $10-$20 reduced fare for
residents, senior citizens and military; monthly pass: $95; annual pass: $295.
As a separate but related issue, the Commission has previously discussed concems with regards to the cunent uses at
the Purdy dock and boat ramp. ln connection with allowing this limited commerciat use of the dock for a pilot program
for water taxi services, it is recommended that the City enforce violations of prohibited commercial uses.-The
Concessionaire commifted to providing the water taxi attendant at Purdy dock during hours of operation which will
assist water taxi passengers to and from the dock. Additionally, the Concessionaire offered to pay surcharge per each
sold ticket that would help fund City ctock master needed to ensure safe operation and eradicate/minimize prohibited
commercial uses of the dock. The surcharge proposed by the Concessionaire would be $0.75 fortickets $1.00-$14.99;
$1 .00 for tickets $15.00-$29.99, and $2.00 for tickets $30.00 and up.
As an alternative to the pilot program, the City may wish to wait for the funding and construction of the proposed Purdy
Avenue Dock and kayak launch and issue a new solicitation for a larger ferry type vessel.
Advisory Board Recommendation: At the Neighborhood/Community Affairs Committee
11, 2016, the Committee discussed this item and passed a motion to approve a limited service pilot program on a
(9 MIAMIBEACH
NCAC#113
MIAMI BEACH
Cify of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
April 13,2016
A RESOLUTION OF THE MAYOR GITY COMMISSION OF THE CITY OF
II,IIAMI BEACH, FLORIDA,THE RECOMMENDATION OF THE
NETGHBORHOOD AND COMMUNTTY AFFATRS COMMTTTEE (NCAC)
CONCEPTUALLY APPROVING THE WATER TAXI PILOT PROGRAM FOR A
TERII,I OF ONE YEAR FROM PURDY AVENUE DOCK
At its March 11,2016 meeting, the Neighborhood/Commun$ Affairs Commiftee drscussed this item
and passed a motion to approve a limited seNice pilot program on a conceptual levet with the
specfibs to be addressed at the April City Commissrbn meeting.
BACKGROUND
On November 19, 2014, the City Commission adopted Resolution 2014-28847 authorizing the
Administration to negotiate with lsland Queen CruisesMater Taxi Miami lnc. (Concessionaire) for a
Public Waterborne Transportation Concession at several locations throughout the City pursuant to
lnvitation To Negotiate (lTN) 2014-326-JR.
The construction of the west Venetian Causeway Bridge by Miami-Dade County created an operational
issue that would disrupt the logistics of service. The easternmost bridge was to remain closed during
the entire life of the project in order to provide the residents of the Venetian lsles with emergency
vehicle accessibility at all times. The closure of the bridge represented an impact to the
Concessionaire's proposed headways and a burden to the commuters who would have to travet nearly
one hour to go from Bayside to Sunset Harbour.
ln the interim the Concessionaire requested to operate a pilot program during Art Basel 2015 prior to
accepting the terms for permanent service. The reason for the request was due to the Concessionaire's
concerns regarding potential ridership, adherence to schedule, and potential operational issues
associated with a permanent service.
Art Basel Pilot Proqram
On December 2, 2015, the City of Miami Beach executed a Temporary Letter Agreement with Water
Taxi Miami for the operation of a waterborne concession service pilot program during Art Basel 2015
from December 3 to December 6, 2015. The Agreement allowed the Concessionaire to operate a water
taxi service on an hourly basis between the hours of 1 1:00 AM and 11:00 PM from/to Sea lsle Marina
(near OmniTransit Station) in the City of Miamito/from Purdy Avenue Dock in the City of Miami Beach.
Vessels were allowed to operate from one of the existing docks at the Purdy Boat Ramp and the
Concessionaire was required to have a dedicated dock master stationed at the dock to monitor the
operation, collect ridership data, and collect information on potential operational conflicts.
TO:
FROM:
DATE:
SUBJECT:
NCAC#114
A Resolution Accepting Recommendation of the NCAC Conceptually Approving the Water Taxi Pilot Program for a Term of One
Year from Purdy Avenue Dock
April 13, 2016
Page 2 of 1
During the Art Basel 2015 Pilot, City staff noted that the Purdy Boat Ramp was used mainly by an
aquatic Uber service which was provided in partnership with the Concessionaire. The service plan and
vessels used were not approved as part of the Temporary Agreement and as such are considered to
have operated in an unauthorized manner. The Uber service was observed to operate in the following
manner: passengers alighted the Uber vessels at the Purdy Boat Dock, where a luxury Uber vehicle
was awaiting for them to continue the trip to their final destination. Staff observed a high number of
users of the Uber seruice. The Uber service had a cost of $35.00 for up to 5 passengers. No insurance
was provided to the Cig by the Concessionaire for the Uber vessels.
It was also observed that the Concessionaire was not operating the approved water taxi vessel at the
headway/frequency agreed to for the pilot program and the vessel remained docked for extended
periods. The Ci$ requested information regarding frequency of the Uber vessels to confirm
observations; however, the Concessionaire stated that a confidentiality Agreement with Uber had been
signed and could not share information with the City. The Concessionaire advised that only one (1)
person used waterborne concession service pilot program and 365 passengers used Uber Boat seruice
during the Art Basel pilot program.
The Uber boat service seems to be well received by the community and was observed to be logistically
effective. The Administration reached out to the Miami-Dade County's department in charge of For-Hire
Transportation which has been handling the legalization of Uber in Miami-Dade County. The County
staff advised that Water-Borne Transportation is currently not regulated by the County's For-Hire
ordinance. The boats for-hire are regulated and enforced by the U.S. Coast Guard.
After Art Basel, City staff met with the Concessionaire and discussed issues to be considered for long
term water taxi service. One of the concerns expressed by the Concessionaire is the funding and
permitting associated with construction of a permanent dock.
On January 25, 2016, the Concessionaire met with City staff and advised that based upon the limited
demand for water taxi services during the Art Basel event, Concessionaire could not proceed with the
obligation to fund the construction of a permanent dock, and instead proposed a pilot program for
special events and the start of water taxi services on a limited basis in order to advertise the service
and allow for a ramp-up period for a commuter service between the City and the mainland.
Yacht Show Pilot Proqram
On February 9, 2016, the City of Miami Beach issued a special event permit to the Yacht Show for the
operation of a water taxi service pilot program during Yacht Show 2016 from February 11 to February
15, 2016. The Agreement allowed the Concessionaire to operate a frequent water taxi service between
the hours of 8:00 AM and 10:00 PM from/to Bayside in the City of Miami to/from Purdy Avenue Dock in
the City of Miami Beach. Vessels were allowed to operate from one of the existing docks at the Purdy
Boat Ramp and the Concessionaire was required to have a dedicated dock master stationed at the
dock to ensure the legal, organized, and safe operation of water taxi service. The permittee was
required to pay the City dock fee and the water taxi service was free-of-charge. The Concessionaire
advised that 6,000 passengers were transported fromfto Purdy dock during the Yacht Show pilot
program.
ANALYSIS
ln the City's lnvitation To Negotiate for Waterborne Transportation Services, the City required the
Concessionaire to provide docking facilities. The City received only one (1) proposal. The City reviewed
other successful Water TaxilFerry operations. ln most cases, the dock is provided by the public entity.
The Blueways Master Plan recommended the construction of a dock/kayak launch at the Purdy Marina
site. Based on a review of other similar water taxi operations, it is recommended that the City take
responsibility for the construction of the dock and include as a submittal in the FY16/17 proposed
NCAC#115
A Resolution Accepting Recommendation of the NCAC Conceptually Approving the Water Taxi Pilot Program for a Term of One
Year from Purdy Avenue Dock
Apd 13,2016
Page 3 of 4
capital budget. See Attachment 1 for the proposed design of Purdy Marina Water Taxi Dock and Kayak
Launch. The estimated cost of an integrated water taxi docUkayak launch facility is approximately
$550,000 depending on site conditions both on land and underwater.
ln the interim, it is recommended that the City authorize a one year pilot program comprised of the
following:
o Servicing Purdy Avenue dock as part of the current water taxi route (Bayside Marketplace.
Miami Beach Marina-Sea lsle Marina-Bayside Marketplace)o Weekend operation (Friday to Sunday) using a 38 passenger vessel with ability to
accommodate bicycleso Hours of operation at Purdy Avenue dock would be 11:30 AM to 7:00 PM (summer
hours) with the ability to extend from 7:30 AM to 1 1:30 PM once demand warrantso Proposed frequency of service: 90 minutes. Proposed fareso Children under 1: No chargeo Adults/children over 1: $15-$30 for one way/round trip with $10-$20 reduced fare for
residents, senior citizens and militaryo Monthly pass: $95o Annual pass: $295
See Attachment 2 for the proposed location of operation of the pilot program. The City may also want to
consider allowing on-demand service at the location.
As a separate but related issue, the Commission has previously discussed concerns with regard to the
current uses (commercial and non-commercial) at the Purdy Dock and boat ramp. ln connection with
allowing this limited commercial use of the dock for a pilot program for water taxi services, it is
recommended that the City enforce violations of prohibited commercial uses. Similarly, the Marine and
Waterfront Protection Authority (MWPA) passed a motion that reads as follows: "Until such time when
new infrastructure is built or another safe alternative is found, we recommend deferring approval of the
Public Waterborne Concession Services due to safety concerns, a lack of infrastructure, and user
conflicts at Purdy Ramp.'
To improve operational safety and minimize illegal uses of the Purdy Dock, at March 11,2016 NCAC
meeting, the Administration recommended that the Concessionaire fund a dock master who would be
hired by the Ci$ to ensure the Purdy Dock is only used by the Concessionaire. During subsequent
meetings, the Concessionaire stated that it could not commit to funding City dock master due to tow
demand and financial impact. Nevertheless, the Concessionaire committed to providing a water taxi
attendant at Purdy Dock during hours of water taxi operation to assist passengers to and from the dock.
Additionally, the Concessionaire offered to pay the City a surcharge per ticket sold that would help fund
a City dock master. The surcharge proposed by the Concessionaire would be $0.75 for tickets $1.00-
$1a.99; $1 .00 for tickets $15.00-$29.99, and $2.00 for tickets $30.00 and up.
An alternative to the pilot program, the City may wish to wait for the funding and construction of the
proposed Purdy Avenue dock and kayak launch and issue a new solicitation for a larger ferry-type
vessel.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission accept the recommendation
of the NCAC conceptually approving the water taxi pilot pragram for a term of one (1) year from the
Purdy Avenue Dock. Additionally, the Administration recommends moving forward with the design,
NCAC#116
A Reslution Accepting Recommendation of the NCAC Coneptually Approving the Water Taxi Pilot Prognm for a Term of One
Yearfrcm Purdy Avenue Dock
April13, 2016
Page 1 of 4
permitting, and construction of a permanent water taxi/kayak launch dock. The funding for the
proposed dock has been included as a Fiscal Year 2016117 capital budget request. The
Administration will pursue grant funding opportunities for the construction of the proposed
permanent water taxi/ferry dock.
Attachments:
1. Proposed Design of Purdy Marina Water Taxi Dock and Kayak Launch
2. Proposed Location of Operation of the Pilot Program
JL[\,|/KGB/JRG/MM
T:\AcENoAu0l6wril\Transportation\R6o Accepting the Recommendauon iom the NCAC to ConoBptually approve the Water Taxi Pilot Program
for a tem of one year.docx
NCAC#117
T(
tsl3t!I
,il
ilxt\6:r&U'rlLrrStit9ts'itir
3 !ro ?!:![;;le! e{llx ls:!
riiiiir rt!'
c!
I:E:ot
E.E
fil
fli
3l
(,
ulJ:GO,IE
xoI
Eu,I:,
EEIg
ooFC(,o
1n,IIHi
Icf(!
-x(!
a!!.
E'
o.,(Joo'=
t!F
Lo
(g
=(Uc
r!
!,L3A
oc
.99
oo:oq,6oo.o
4J
co
EE(.,(!
NCAC#118
33tstrt
6cIittI{t
.rfUr
i.
OF:tN'TL}6tbQYrillr
l!,
E siii
rliii!r
{rrfftrxIttrutr
air*u!a-iM
ltth
IrieI
I
I:E! t-l
i
*Ll*L
E(!
ooo
o.
o=6-o
o
L
.9
.!
oo.o
o
L
.9
(!fJo
Eo
o
CLo
o-
c.,i
Lo
E
(J(!
NCAC#119
Exhibit E:
Resolution No. 2076-29677
NCAC#120
RESOLUTTON NO. 2016-29617
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY MANAGER
TO PLACE ALL FUTURE APPLICATIONS FOR COMMERCIAL
CONCESSION OPERATIONS AT THE BARRY KUTUN BOAT RAMP ONA NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AGENDA
FOR THE COMMITTEE'S CONSIDERATION AND RECOMMENDATION
PRIOR TO THE CITY COMMISSION'S CONSIDERATION OF SUCH
COMMERCIAL CONCESSION OPERATIONS AND RELATED
CONCESSION AGREEMENTS.
WHEREAS, at its October 19, 2016 regular meeting, the City Commission discussed
applications for commercial concession operations at the Barry Kutun public boat ramp in
conjunction with discussion item R9 AL; and
WHEREAS, following its discussion of the item, the City Commission directed that all
future applications for commercial concession operations at the Barry Kutun public boat ramp
be submitted to the Neighborhood/Community Affairs Committee (NCAC) for its
recommendation prior to the City Commission's consideration of the commercial concession
operations and related concession agreements; and
WHEREAS, in order for the NCAC to consider and provide a recommendation to the
City Commission, the City Manager should place all future applications for commercial
concession operations at the Barry Kutun public boat ramp on an NCAC agenda prior to the
City Commission's consideration of such commercial concession operations and related
concession agreements.
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 hereby direct the City Manager to place all future applications for commercial
concession operations at the Barry Kutun public boat ramp on a Neighborhood/Community
Affairs Committee agenda for the Committee's consideration and recommendation prior to
the City Commission's consideration of such commercial concession operations and related
concession agreements.
PASSED AND ADOPTED this 19th day of October, 2016
ATTEST:
F: \ATTO\TURN\RESOS\IICAC REVI EW
NCAC#121
Exhibit F:
Current Concession Agreement Applicants
NCAC#122
t:I
L
ffir
W;
i#i
': :&5- :
E.g?cUfl E
-9.=EB;ssr-P':t@a'Fc.Ei-'o
-eE-F^roE
EXH-'.O=-rf'IOg;rn
(1, o--sg ErE6 c;;
E E eE E==
= E'; or 6 E
+,rEg*Ed= d I q EE E 3g.e S
(E
E'
(o=>E'('(oE e€:>: e Ii5 9EoE*=t-.l€?Edz,LnvrF,{.
;(!E
(!5EtnE e"u e]. E' >E
fg(!g* oJE oE o= o
O<lPq1<a(!rAFI(rFl
!oEooc
(E
(!
E
oo-
q)(Jco
;(oT'
.E=>t, >(, (oE€oE
=b e8.i5 oE rnco 5r!€ I 8,,\Z, \h vt el
Joo
=-oI9e(!coh
FO)
.:oo
=-oIth(ocoh
NO)
(oE
(!c=
E !(,,i(ooU
i^E g-E
=(JLrL(Y1:' C€ciEEA Fl (, O'l
-voo_
=E(o(r)
tnl>-c3E
l\ Fl
Jrnao
o
L
3(!o
PtEo=
=6ol,rrt>\(o(oC)6onr- oi
:Jo
f
.o€-c
CL
E(E
o
o.
E(!
(Eoo
o
!
oo
.s
='=
UJ
E'E(!
cul
L
fo
)
.9lt
o-
E(!
o
o-
E(!
(Eolt
oE
ooC,G
f
.tsx
IJJ
ro
C(o
L
Ct!
o
oL)CG
3E
E' E'E(u(E(u
oE
EE*'6(E-
P.0
9EE9oXPU
iq)(o-c>>P(E>>J!9sF3
E'>(!Yo;!e! o)!'=aOPo.E9osh
!E
.e=;-i (E
e(E9>(IJ99_e5g-EEE9
9'.oU:t>E AFEI to ooh:+oCsYF o'- e.=:iE.H:
BEe# Eo-u) F a (u(o . -: E =cL g'l ;j 6 rE
\_ L L !L=OJL..(E L=:' yfiE!E:V&PUo)ttPc-
g ;r T;-oq; f X
5 I r.E fE€i Ax.)=H'6o
EEfHf
--469e;ivdJ(!(!.=E(Jf
< v 6 O-C
=
E g! Eoio!!eojEP;EE.€g Eg* EE
EE
Os
-Eoor9 oEc
oZh-o.-o i.9c-o=.L
!s (9 e .g)
-A'EyiEtJCtE6'I f o-o f --oeSiu
EEE."->r!oo-st # E ,go,3t*i6Xo;
= cl 6io dT.s X-P EC(lJ*P+'- =dH Ecqo_l!'Fp; E I g
! FT E E
= o ---'yHn'a95
E:EEE
EEE.AE
+ 3t # E9chcp(o 9-E o d9:3-cLE3E..'1ggEEgs
EEfi#:;ElleOcoJ;EGoOPt,i(J'83=EqsE€ o, P t +< 6
-t-- !u i OJ
-UALL-EqiglfE
E E E:E i g
o-fi 5: ro €'&i"-EIeEsvd!9e--'= -'s V:
iE e I g # i -I r I.€: s E E
EtiiEEEE'E=e--l3Es
qEEI,friTE
HaBlaIt.E
.E E E iEI;;
fiE;HfiE'E
SEEgEEEi
q)!o(l,'=N =?Q o-.9
= a9
:,E'O(U'=.=EO
o o-L)o E+>sg
E €^b 3_e5 *9s:(E+t!zi !-2 E=
E'o^NO
oa
ll il)
E(U^
NO
oAo6
E t^b 3iE !*a !)zc E-2 3E
-c
=ovl
o=L
JU(J(E
=orOco
-9o:3eC=(oE
!oc>(g!J<'Eo
.sg>ir
.Y(E
(E:z
!
IJ(Eo
co
E
o=(r=
(J
ox
IJJ
=POoc.EE
(!C
=ozE
q'
oo-
c,
(E
=ouo9-:
!,Q E
-L6
*E.gEE=+e(D ittY
=itr9aeci 5sz(!rr l!tlE:q)EaJco(E
astr(l
a.{
sq,
Eq,
0,\trt
o
1,|taqJ()soL)
so,
=t
I\
a
xlll
NCAC#123
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
DISCUSSION REGARDING A POSSIBLE PLAQUE AT THE NORMANDY POOL
COMMEMORATINGTHE CONTRIBUTTONS OF THE LATE WARREN GREEN, LONGTIME
POOL MANAGER WHO PASSED LAST YEAR
Commission ltem R9G, December 14, 2016
(Sponsored by Commissioner Grieco)
John Rebar, Parks and Recreation Director
lreru # 13
NCAC#124
A'llAi/TIBEACH
City of Miomi Beoch , ITOO Convention Cenler Drive, Miomi Beoch, Florido 33139, wrvw.miomibeochfl.gov
E MEMORANDUM
Chair and Members of the Affairs Committee
FROM: Jimrny L. Morales, City Manager
DATE: January 27,2017
SUBJECT: A DISCUSSION REGARDING POSSIBLE PLAQUE AT THE
NORMANDY ISLE POOL COMMEMORATING THE CONTRIBUTIONS
OF THE LATE MR. WARREN GREEN, LONGTIME POOL MANAGER
WHO PASSED LAST YEAR.
At the December 18,2016 City Commission meeting, a motion was made by Commissioner
Michael Grieco to refer the placement of a plaque the Normandy lsle Pool commemorating the
longtime Pool Manager, Mr. Warren Green, who passed away last year to the
Neig h borhood/Comm unity Affairs Committee.
Mr. Green was a 30-year City employee who served a majority of his tenure as a Pool Manager
at Normandy lsle Pool. He was responsible for many life-saving operations at the pools and was
instrumental in the development of the City's Surf Camp for children with Autism. Mr. Green was
beloved by the community and his coworkers and had a love for the City that was
immeasurable.
Exhibit A presents the proposed 12x12 plaque draft design, which will be an estimated
$1,300.00 for production and installation. The Parks and Recreation Department will be funding
this plaque. All future maintenance costs of the plaque will be covered by the City.
ACTION REQUIRED
Committee vote to approve the placement of a plaque at the Normandy lsle Pool
commemorating the contributions of the late Mr. Warren Green, longtime Pool Manager, who
passed last year.
Attachment
Exhibit A - 12x12 Plaque Drafr Design-.M
COMM
NCAC#125
12"
I
Exhibit A
12x12 Plaque Draft Design
Dedicated to the memory of
Mr. Warren Green
September 30, 1957 - May 28, 2016
Pool Manager of the
Normandy lsle Pool
ln remembrance for the 30 years of
dedicated service to the Gity of Miami
Beach teaching countless children
and adults how to swim and stay safe
in the water.
12"
NCAC#126
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
DISCUSSION REGARDING POTENTIAL USES OF A ROTUNDA IN COLLINS PARK
Commission ltem C7Q, January 11,2017
(Tourism, Culture, and Economic Development)
Eva Silverstein, Tourism, Culture, and Economic Development
lreu # 15
NCAC#127
MIAMIBEACH
Gity of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida
33 1 39, www. miamibeachfl. gov
COMMITTEE MEMORANDUM
TO:Chair and Members of the Neigh
Committee
FROM: Jimmy L. Morales, City
DATE: February 17,2017
SUBJECT: Discussion Regarding Potential
BACKGROUND:
ln the January 11,2017 Commission meeting, the issue of potential use and
activation of the Rotunda in Collins Park was referred to the
Neighborhood/Community Affairs Committee in order to discuss possible options
for activating the space.
ln preceding conversations, the Finance and Citywide Projects Committee
(FCWPC) initially discussed food and beverage concessions at Soundscape
Park, Collins Park, and the Miami Beach Botanical Garden at the June 20,2014
meeting and recommended pursuing food and beverage concessions through
the pop-up concept or food trucks for both Soundscape Park and the Miami
Beach Botanical Garden. The Finance and Citywide Projects Committee
recommended waiting for a broader master plan for activating Collins Park before
pursuing a concession operation at this location. This matter was further
discussed and developed at the January 7,2015, March 18,2016, May 20,2016,
June 17, 2016, and December 16, 2016 Finance and Citywide Projects
Committee meetings. At the January 11, 2017 Commission meeting, the
Commission approved authorizing the Administration to negotiate with the Bass
Museum to provide an outdoor caf6 in conjunction with their indoor caf6. As part
of the same agenda item, the administration had noted that the Bass Museum
was interested in the use of the Rotunda as additional public art space. The
Commission direction was to explore possible options for the use of the Rotunda.
ANALYSIS
Multiple potential uses for the Rotunda have since surfaced. The following is a
synopsis of three possible options.
of a Rotunda in Collins Park
NCAC#128
Option #1: Caf6
The estimated cost to renovate the Rotunda and make it suitable for a full-service
food and beverage concession, with commercial kitchen, restrooms, life safety
requirements, and ADA accessibility is approximately $929,000. An alternative to
this full renovation could be the activation of the Rotunda solely as a location to
take orders and distribute food and beverages to visitors to Collins Park. Without
the need for full kitchen equipment, bathrooms, etc., the cost to renovate the
Rotunda would be less than the $929,000 estimated for a full-service food and
beverage operation. This would be in addition to the outdoor caf6 of the Bass
Museum of Art operated by Thierry's Catering. The Bass has previously advised
staff that Thierry has no interest in utilizing the Rotunda as an extension of their
indoor/outdoor caf6 operation at the Bass.
Of note: the City is in negotiation with the Bass Museum for the outdoor dining
activation at The Bass Museum and it is possible that the Bass Museum will seek
some form of City subsidy. Some concern has been raised that a concession
operation at the Rotunda might compete with a City-subsidized outdoor dining
operation at The Bass.
Option #2: Art lnstallation
Collins Park is well regarded as a destination for world-class public art. ln
November 2016, the Bass solidified this role with the installation of Ugo
Rondinone's monumental, site specific sculpture Miami Mountain. Each year,
Collins Park serves as the stage for Art Basel's Public program, which features
temporary site specific works of public art, many of which remain on view for up
to four months following the annual art fair. !n keeping with this vision and to
ensure the highest level of curatorial practice, the Bass has suggested converting
the Rotunda into an interactive public art space.
The Bass Museum of Art, in consultation with the City of Miami Beach Art in
Public Places Committee, will commission an internationally recognized
contemporary visual artist to transform the interior of the Rotunda space.
At the Finance and Citywide Projects Committee on December 16,2016, TCED
staff was asked to work with the Bass to determine the feasibility of using the
Rotunda as a public extension of the museum. Since then, the Bass engaged a
general contractor to provide an estimate on the required renovations and
established an acquisition fund to commission the work. The Bass has secured
all funding associated with transforming the Rotunda into a public art installation,
including all costs associated with the renovation and commissioning process -
approximately $160,000 in renovation costs and between $600,000 - 800,000 for
art installation. These costs would be covered via the Bass Museum acquisition
fund which currently has sufficient funding for both of these expenses. ln
addition, the Bass has agreed to cover all future costs associated with activating
the Rotunda, including staff and security. This assumes the Rotunda would be
open during museum hours, and closed after hours, precluding special event
activation. Should the Rotunda be pursued as a work of public art, the Bass is
poised to begin work immediately.
NCAC#129
Option #3: Climate Chanoe Station #1
ln this scenario, the Rotunda would be transformed into the first ever "climate
change station." The inside of the Rotunda would be converted into a unique
interactive living museum, documenting the City of Miami Beach's pioneering
efforts to address the issues of climate change and sea level rise. This would be
the first such effort in an American municipality to engage in a curated public
dialogue on the issue of resilience. The cost of the renovations for this project
would likely be similar to Option 1; however, there would be significant additional
cost for the transformation into a climate change station.
As the last standing piece of the original Public Library of Miami Beach in Collins
Park, designed in 1962 by Albert Vrana with a sand-cast concrete fagade, named
"The Story of Man," the Rotunda poses an interesting historical site in which to
launch this effort. Interactive exhibits, kinetic sculptures, and unique digital
platforms would give visitors the opportunity to experience the effects of climate
change on Miami Beach, spotlight the City's resiliency efforts, and potentially
inspire other cities to follow suit. A carbon footprint calculator would allow visitors
to see their carbon footprint score, inspire them to commit to personal changes
that positively impact the climate, and share this story via social media.
Climate Change Station #1 has the potential to enhance the position of Miami
Beach as one of the world leaders in addressing these critical issues and to
enhance awareness of local and global climate change efforts.
The City has been approached by the design firm of Sapient and Nitro to
conceptualize and create this Climate Change Station #1. However, competitive
bidding is mandated by Florida Statute, barring an emergency situation.
CONCLUSION
The Administration seeks direction from the Committee as to how to proceed with
activation of the Collins Park Rotunda.
BR/MM/KW
^/// ="fu
NCAC#130
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
DISCUSSION REGARDING THE CREATION OF LEGACY BUSINESS REGISTRY AND
OTHER POSSIBLE PROGRAMS DESIGNED TO SUPPORT AND PROTEGT SMALL
BUSINESSES
Commission ltem R9K, January 11,2017
(Sponsored by Commissioner Grieco)
Eva Silverstein, Tourism, Culture, and Economic Development Director
lreu # 16
NCAC#131
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
COMMITTEE MEMORANDUM
TO: Chair and Members of the
Committee
FROM: Jimmy L. Morales, City Manager
DATE: January 27,2017
SUBJECT: Discussion Regarding the
BACKGROUND:
Commissioner Grieco, at the City Commission's January 11, 2017 meeting, brought
forward an item to discuss the creation of a Legacy Business Registry. The purpose of
such a program is to identify and recognize certain small businesses within a community
as historic assets in order to preserve neighborhood character.
Pioneered by the City of San Francisco, California, the Legacy Business program was
designed to preserve neighborhood character by providing assistance to small
businesses that were 30 years or older, have contributed to their neighborhood's history,
and which agree to maintain their identity, name and craft.
The program was created in response to increasing property values within the City that
caused sharp increases in commercial rents. While these rent increases were difficult for
all small businesses to absorb, residents and elected officials became increasingly
concerned at the loss of longtime businesses that were closely identified with a
particular neighborhood and key to the neighborhood's identity and character.
The San Francisco program utilizes a registry in which key small businesses (small
business is defined as a business of 100 employee or less) are nominated to be
included on the registry and go through a process of acceptance not unlike the
designation of an historic property. Once on the registry, the businesses are eligible for
annual grants of $4.50 per square foot occupied by the legacy business up to $5,000 per
business (if sufficient allocation does not exist in the dedicated fund for the program,
grants are made on a prorated basis).
Commissioner Grieco also shared a website and an article regarding this program.
lnformation from these can be found attached and at the following websites:
http://leqacvbusinesssf . com
http://www.curbed.com/2016/10/17113291 184/small-business-oentrification-
h istoric-preservation
of a Legacy Business Registry
NCAC#132
ANALYSIS
San Francisco's program may be one of the only such programs in the nation designed
to insure that such neighborhood defining businesses are given assistance based
entirely on their status as a long-standing business. The City of Miami Beach certainly
has had or currently has businesses that residents, visitors and other would identify as
those that help to identify a neighborhood or the City as a whole. Like San Francisco,
Miami Beach is experiencing increasing values and thereby commercial rents, though
these increases are not quite as sharp. The one exception might be Lincoln Road where
property values in the last few years have exploded and rents have placed the area in
one of the top ten most expensive streets to do business in the country. These rents are
causing a transformation of Lincoln Road from smaller, mom-and-pop type stores and
restaurants, to larger retail shops that are often a flagship store for a national or
international chain. lncreasing rents are of most concern to the restaurants on Lincoln
road. These restaurants are one of the major draws to the street and tend to drive the
retail shopping.
It is possible, even without financial incentives, that designation of a business as a
Legacy Business by the City may be a desired marketing tool, and a way for the City to
identify its defining businesses. To this end, it may be worth exploring, creating the
registry even if grants are not contemplated.
AGE OF BUSINESSES
ln an effort to make a determination of the number of businesses that might be eligible
for such a program if it were created in Miami Beach, staff undertook a limited review of
business tax receipt (BTR) data to determine the number of businesses that have
existed in the City for more than 20 years. The review was a limited look at the numberof businesses currently in existence that obtained a BTR (formerly called an
Occupational License) more than 20 years ago. lnitially located data only goes back 23
years ago to information beginning in 1983.
Year of lnitial BTR f of Businesses
1983 10
1984 2L
1985 35
1986 26
7987 383*
1988 72
1989 83
1990 74
1991 83
1992 98
1993 84
L994 78
1995 78
1996 726
*Staff is continuing to investigate the reason for the significant variance of the number of
businesses that are noted in 1987. An initial theory for this variance is the possibility that
the City changed its computer systems or other methods in this year causing the spike.
NCAC#133
The above table indicates that there are at least:
92 businesses in existence for more than 30 years
787 businesses in existence for more than 25 years
1,251 businesses in existence for more than 20 years
ADMINISTRATION RECOMMEN DATION
The administration would like direction from the Committee regarding the
potential of a legacy business registry and whether such registry would have
benefit City-wide or in limited areas. Additionally, the administration would like
direction from the Committee whether financial incentives are an appropriate
outcome of the registry. lf the Committee recommends financial incentives,
additional research would be needed to determine financial impacts.
Should you have any questions regarding the draft plan, please contact Jeff Oris at (305)
673-7577 x6186.
C: Kathie Brooks, Assistant City Manager
Eva silverstein, Tourism, culture and Economic Development Director
Vanessa Williams, Tourism, Culture, and Economic Development Assistant
Director
Jeffrey Oris, Economic Development Division Director
NCAC#134
\iote Yes on J - Presene SF's Legac;* Businr.rsscs
LEEACY BUSINESS
HISTORIC PRESERVATION
rN lH! tE'rvg
HowlTlloRt(s EllDoftsEltEilTs 0oilArt llt rHE ilElrs c0fiTAcT
THE I.EGACY BT'SINESS HHTOilC PRESMYANO}I
R'}ID
IS A HRST N THE }IATIOII PROGRAM THAT
RECOGT.IEES
3{}l YEAR 0[O Sil[,AtI BtNilllESSES AS HISTORIC
ASSETS.
g:- IhYOLVED DOflArf
Pagc I of4
http:i{egacybusi nesssf.conr/
Page 676 of775
t2tz3/2016
NCAC#135
Votc Ycs on J - Prcscrvc Slf's Legac,r, Ilu.sinr-sscs
HOU'lrfiORXS EilDORSEHEilTS DOHAIE IHTTIENEITS COI{TACI q
END0RSRIEI,[TS
iirrr ,f {jr [r.o,.r11 !:itrt,i[ir:i, oi,::ei-rc:f ofitri,aic.. n*ignBcrhn,xl lear]ers. ;nd hi:tari,: p.eSCr{,nlirtnij:S
itrr,i Vote Yps cn Pr up ll
Ful Ust o, h&.i€nEnts
ts Tavem - Shce 1 935 YecuvioCafe - Slryr t9{Aub Zrm Zrn - Shm 1!11
Pirge 2 o1'4
SOARO OFSJPERVE(NS
sup:rrBor Jchn l.raios
Superrisor Lo,ldcn tsreei
Suglruir,:r Dali,i .iarscr
Srr pf rri;0r Ju lie t-"ihris l":nserr
,!ugtnisor l+lg tra U*herr-
Supun'i::ctr lrlo: k F arrell
Superrisor Jnie k:,m
Srpffiisrrr Eric llilr
Sirperri;r:t Koi'l l'rrl
Iiup*rriscr 9:oit Tiiener
lj!{]8ft iiiar ll,.rrm..lr Yet
oftGAiltrAllofiS
lnler:udt lriit,luti 0[ llrjti:er]6 Jr[
Frrrnci:ico
Bs, AiP..3 lepcrier
ial'ixnra fvlun{ Jr.d C'.dt,.rc
.n$!olratiur]
Cnl icrnru Flreseivalir:n Fcunda{rorr
Chinese Chrmber ot Comn'ertr
llcttliijcrn f,lr gan i/an*s9c
Nelrllbcrhacds
D5 Anian
FvcittC,l
iiolderr [.ft* Qf yttr:itriI lssctiai;c.,
I larqnt.Ashbu,-I IicrqhLcr\ox.l r-lcuncr I
Hispa;ic Clonber:; r.:t Camrerce cf
S+n ir*ncixa
Hflsf {iJl Ctljrrril cf !rl.:,tlNarn .i Cenl,ai
tjaill',Yr,ru
Llalr.re cf Ftsse.*l oif t'oters
ItlAt:.tnUl rfit:i: jtr H SICTTC Prr;tq.!A!'On
l9n Fr in$scc Alr:uar r1.:: €ri.an
Chamber cf ,lon'rneree
Snn Franc;srq lleatrt irul
krn Franr:rsr:t Ba,/ Guxd,an
Sirn Frm{*co t"-c{fiCll rf 0tstrc{
fuleicha;1tr Asssciattons
San Fr ancsco Era:rrirer
.vn Franc:scs Fi€ritarlt
,Stitt Francsr:c Ftrn:an Senrrrles l.let,A,Jtl
lan [rancrqcc Laf$r flnurcil
San Frtnr:tcn I eflgr.rr: li ritnrernticn
!rLlltr:-i
San Frr,n,:ncc Fi.Jtnq
tatt FtxfiqSrlr] [?nil.ti ,int.tn
tiril [rfllusco I crilriu,,ri
Page677 of775
oEilocnAnc ctuEs
Alrtan Arrericrn llrrncntu 0*
E{rl rl ilerqilts iienr'-)cratir: Ch;I
Elacl fr:ung Defitrcrrls,tf Srn
Frencisco
0r",ntral C,t/ lf; .Trrcrntj
Uiitfl rrt 3 DBrcCIa{ici;lr$
Distrct 5 0emccratic tlul:
Di.ilritJ 0 Deflrncrr!h Ch:b
C$tricl I 1 0enacrlltic C,uh
FIR Dunocrattc Chib
Forrry !,till L(.iBi [ter.'tusaic tJlu[
Lrtinaia'/oung Drms{:rats et S*rt
firn,:ise,o
IleFr A,itrtues llelrrcCl atfi: Cluir
Fctrr:rr i-lill Dencuatr: Clu0
t:chmr.,nrj i.ristncf E:emocrBtta Cfu h
San Fri5p6$.O 6rrrCC:flirC Prrt?.
Sarr Frar sisrra Latino gfmo{lrfiic i[]l
l3ai it6p6ip16 Tgch Derx('J8ls
San .:raruirc* Tnung Eenrcclais
http :irlegacy b u s ine.sssf. co m/rlr2330l6
NCAC#136
\rote Yes on J - Prcserr"e SF's Legacl' Businesses Page 3 ol'4
lirr i-r.irar:rsrr7 +J[{rr['.i I P.,litir:r
LEEAEY BUSINESS
HlsTO Rl C PR E SE ilYAT,El'l
Sf.Cir;
HO'il nliliilotsi ENooflSEHAfiS 00|{ATE
fuulh 0e*h fvlils.0r' 6;lI lus!le0s
AssrlrlaIon
Vnmshiry;Sl-
W}IYIITIEHEED PROPJ
H rHE ilEtS C0ltt cT q
VESUVIO CAFE
i.Irs]rFrilchoo b r ruld+lc ctty
horn fc hdrgerffi nd l{stodc
m!luhcr*r&rloubns,
HNerusilB belt, tfrll ibrcs,
gilrh., rrd meroflr lrm naer
braoorrrtftL
orr Or prl l5 yc1 Srn tmcbco
comilclJrG irrr &onby
2561. ff sr{r huilrt httiursr
id d r ldqc Ir ar cornnrrdal
carU*r rct*q dcd &fir for
$od.
qrME
500
ln lr9t
4000
tr 20ta
h! iusl the psst ffi ltar\ Sarr
Fraficisco nas logl rcc,fiic hrsuExes
slll]h f,i UarfiJs 8mk5. ista lftrxe. Ihe
LS,(itr,Itrxt CIub. XnJ The Erprr:rs cf
Chma (p*tutal abar)
How tT w0Rt(s
THE I"EGACY BUSI}IESS REGISTRY THE I"EGACY BUSI}IESS HISTORIC
PRESERVATToN FUflD (PRoP J)
hnp :/,1e gacybusi nesss f.c oril
Page 678 ot775
l2n3n0l6
NCAC#137
Vote Yes on J - Preserve SF's Legacy Businesses
-: lrryt-or{toGlt,tonc0gltr30+yroUml . errErH*r{ir+rdoogrntproger
Hfl*,EffiUffirflfi . tutryqe'r'!$.,,u*rs,ardss00er
\ptruntomlrbytrSodol$prborrt raptqrqrtrrcpo{l0qlqru
[ftd2015 Houtrfi,** $D*sarmrfrtlftt q
' 0D.trb3oD€haldmryoftryr tmbt{rctn:r-r,ac@ olt{.i0nr
. Sdrdftdbtcfiufifmldo|Ehhlr $m&0t'rfnreipd$,000r$rtlrt
sqimtr20t5.
tEteI r{oRE
Page 4 of4
LEARI{ UO EE
tl llliiE mlrtFl0ui6Girll ttlt{trurlhrtffi tr
lG,lr{B 4ltLr*.I. -l!!Fet?918 0
http ://le gacybusinesssf.coml
Page679 ot775
nn3n0rc
NCAC#138
Hr)r c;m cit"ies save their small trusinc.sses? - Curlrcd
tl
pRoPEltIY i-tllES
New ideos ond city initiotives ore trying to solye o crisis that threatens fhe
stores and shops thaf rnoke our cities unique
By pATRtcK slssoN I ccr t:.2olE, to:0rAM Eor
TUJEEI SFIARS PII.I REC
Page 680 of775
http:r'irvltrv.curbcd.corn'?0l6Jl0il7il329ll8.lismall-husiness-gentrification-hi.sroriu-pres... l2r2li20l6
Pagc I of2l
dffi TW'E,I SHNRE
OSf TREI.IOII'IC TOPICS - HANDBOOK CITIES "
How ean eities save their 5,
small businesses?
Closed store ln Queen Anne nelghborhood of Seattte I Crartls Crorn Rlclr/Creafive Comofl3
NCAC#139
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
DISCUSSION ON THE CREATTON OF A MIAMI BEACH HALL OF FAME AND
ESTABLISHING CRITERIA PLACEMENT AND SELECTION PROCESS
Commission ltem R9R, January 11,2017
(Sponsored by Commissioner Steinberg)
Eva Silverstein, Tourism, Culture, and Economic Development Director
lreu # 17
NCAC#140
MIAMI BEACH
City of Miomi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
COMMITTEE MEMORANDUM
TO:Chair and Members of the Neighborhood and,Community Affairs
Committee
FROM: Jimmy L. Morales, City Manager
DATE: February 17,2017
SUBIECT: DISCUSSION REGARDING THE TION OF A MIAMI BEACH HALL OF
FAME AND ESTABLISHING CRITERIA PLACEMENT AND SELECTION
PROCESS
BACKGROUND
This item was first presented at the January 11,2017 City Commission meeting and was
referred to the Neighborhood and Community Affairs Committee. The discussion for a
Hall of Fame arose due to the amount of individuals that have come fonruard seeking a
means of memorializing prominent figures that have shaped the community. Several
options were discussed at the January 11,2017 City Commission meeting on how the
Hall of Fame could be organized. The City Commission suggested Administration look at
an option within City Hall or an imprint memorialization in front of the Miami Beach
Convention Center. The City Commission also asked Administration to create a
selection criteria and nomination process. The discussion of a Hall of Fame was
generated as a way to honor and acknowledge individuals whose efforts have enhanced
the heritage and cultural landscape of the City of Miami Beach.
The City Commission directed Administration to explore two different options to display
or activate the proposed Miami Beach Hall of Fame. The first option would be to
designate a location within City Hall that would display a photo and small plaque of the
inductee, similar to that of Miami Beach Senior High. The second option presented at the
City Commission meeting was to have a ceremony similar to the one in front of the
Grauman's Chinese Theater in Los Angeles, where inductees imprint their hands and
feet, and sign a wet slab of concrete creating a permanent imprint of all inductees.
ln addition, the City Commission directed Administration to devise the nomination and
selection criteria for the intended Miami Beach Hall of Fame.
ANALYSIS
Administration has concluded its research on selection criteria on other municipalities
similar in population, as well as major metropolitan cities within the United States to
better understand how they conduct their selection and nomination process for their
respective halls of fame.
Most major cities do not have an inclusive hall of fame, but focus predominately on
athletics or a specific group of individuals who have contributed to the history and
NCAC#141
heritage of their city. There are also statewide halls of fame that honor individuals; for
example, the state of California has a hall of fame program for the state, which was
established in 2006 by the California Museum and former First Lady Maria Shriver to
honor legendary people who embody California's innovative spirit and have made their
mark on history. There is also the example of the City of Austin, Texas that created a
hall of fame for prominent women within the city that have broken through barriers and
bettered the lives of women and girls in the community.
The examples listed within the body of this memo are municipalities that have large
populations and have implemented an inclusive hall of fame that recognizes and honors
individuals within a multitude of categories. Below are the three viable selection criteria
options to be considered.
Option 1:
The City of Pawtucket, Rhode lsland Hall of Fame uses a selection committee
comprised of 15 appointed members. The eligibility requirements that are used in the
selection process are as follows:o Nominees need not be native born to Pavvtucket, but must have had some
significant impact on the city as a whole.
. A person is eligible for election to the City of Pawtucket Hall of Fame if that
person meets any or all of the following criteria:
o Born in the City of Pawtucket.
o Whose reputation was made while a resident of the City of Pawtucket.
o Who made the City of Pawtucket the home of their business.
o Who has made a lasting impact on the quality of life of the citizens of
the City of Pawtucket.
The nomination process for the City of Pawtucket Hall of Fame is as follows:o A letter of nomination must be sent to the Chairperson listing the nominee's
name and a statement as to why this person is being nominated.
. Additional letters from other individuals supporting the nomination are
strongly encouraged.
. After the nomination process is closed, interview meetings will be scheduled
and that person (or a representative) making the nomination will be invited to
appear before the committee to discuss the nomination.
Option 2:
The City of Weirton, West Virginia Hall of Fame uses a selection committee that consists
of 9 members, with each of the seven members of the Weirton City Council appointing
one member and the Mayor appointing the remaining two, one of whom shall be a
member of the City Council. Nominations for the Hall of Fame can be done in six (6)
specific areas in which the nominee demonstrated an outstanding accomplishment:o Business, lndustry and Professions
o Education and Religion
o Music and Fine Arts
o philanthropy
o Public Service
o Sports and Athletics
The nominations are done through the submission of a biography that lists the reason for
the nomination and a list of the major accomplishment(s) of the nominee in the
respective category.
NCAC#142
Option 3:
The City of Edmonton, capital city of Alberta, Canada Hall of Fame allows nominations
to be completed in four (4) categories:
o Arts and culture
o Community service
' Sports
o Through extraordinary service to their communities have made exemplary
contributions to the quality of life in Edmonton
The nomination process for the City of Edmonton is as follows:o Nominators must identify themselves, their relationship to the nominee, and
how long they have known the nominee. They must explain how they
personally know about the nominee's accomplishments.
o Nominees who qualify for induction into the City of Edmonton's Hall of Fame
must meet the following criteria:
o The activities for which such outstanding individuals have been
nominated must have been conducted primarily in, or for the
benefit of, or as a representative of Edmonton
oOR
o At the time of their achievement(s) they were residents of
Edmonton.
ln addition to the selection criteria, Administration has also considered three options for
displaying those inducted into the Miami Beach Hall of Fame:
Option 1:
The first location that was considered was City Hall. Due to limited wall space, a
thorough examination of available and adequate space would need to be conducted.
This option would entail a framed photograph of the inductee hanging in the designated
Hall of Fame along with a small plaque bearing their name and their significant
accomplishments.
This option would have a recurring cost of approximately $50.00 per individual being
inducted, and could include an induction ceremony and press coverage.
Ootion 2:
The second location that was considered was the sidewalk in front of the Miami Beach
Convention Center. This location would have a ceremony similar to the one in front of
the Grauman's Chinese Theater in Los Angeles, where inductees imprint their hands
and feet, and sign a wet slab of concrete creating a permanent imprint of those that are
being honored.
This option would have a recurring cost of approximately $1,000.00 per induction event,
not per individual, and could also include a ceremony and press coverage.
Option 3:
The third location that was considered was the south concourse wall in the newly
renovated Miami Beach Convention Center. This location is large enough to
accommodate the proposed Hall of Fame. Please see Supplemental Material 1 for the
floorplan. This option would entail a framed photograph of the inductee hanging in the
designated Hall of Fame along with a small plaque bearing their name and their
significant accom plish ments.
NCAC#143
This option would have a recurring cost of approximately $50.00 per individual being
inducted, and could include an induction ceremony and press coverage.
CONCLUSION
Administration seeks the Committee's direction on which selection criteria option they
would like to see implemented for the Miami Beach Hall of Fame, as well as the location
for this permanent installment.
Due to the reoccurring cost of each induction ceremony, funding for the induction
ceremonies would need to be incorporated in future budgets.
NCAC#144
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
MONTHLY CRIME UPDATE
Commission ltem R9D, April 13,2011
(Sponsored by Commissioner Grieco)
Samir Guenero, Police Major
Ireu # 18
NCAC#145
DISCUSSION Ar CoruM[TEr MEETING
NCAC#146
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
DISCUSSION CONCERNING FUTURE USE OF THE WEST LOTS
Commission ltem C4A, February 8,2017
(Tourism, Culture, and Economic Development)
Eva Silverstein, Tourism, Culture, and Economic Development Director
lreu # 19
NCAC#147
MIAMI BEACH
TO:
FROM:
DATE:
SUBJECT: REFERRAL TO NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE FOR
DISCUSSION CONCERNING FUTURE USE OF THE WEST LOTS.
RECOMMENDATION
It is recomrnended to refer this item to the Neighborhood/Community Affairs Committee for discussion
of the future use of the West Lots.
ANALYSIS
BACKGROUND
The Cityowned property known as the "West Lots" consists of 8 city blocks of land located on
the West side of Collins Avenue, directly across the street from North Shore Open Space Park.
Each of the 8 blocks measures 175 feet by 300 feet or 1.2 acres. Four of the blocks are
ddveloped as off-street parking lots (total307 spaces), two blocks are vacant land, one block is
used for a temporary Ocean Rescue headquarters, and one block is currently being utilized by
the Parking Department on a temporary basis.
It is believed that development of these lots has potential to add additional recreational/civic
opportunities for the neighborhood, add retail and dining opportunities to the area, increase
parking capacity for the immediate area as well as for a soon-to-be-improved North Shore Open
Space Park, and provide lease payments and property taxes that would assist in providing for
other area and City-wide needs. The land that cunently encompasses the West Lots as well as
North Shore Open Space Park was assembled by the City of Miami Beach over a period of time
spanning three decades between the 1950's and 1980's. ln 1989, the City deeded all of the
West Lots and North Shore Open Space Park to the State of Florida with a deed restriction "that
the above described property shall be used and maintained for public recreational purposes for
which it was conveyed in perpetuity." ln November 2000, the State of Florida deeded the land
back to the City of Miami Beach without any specific language about the use of the land.
AT.IALYSIS
THE NORTH BEACH MASTER PLAN
During public input sessions held during the creation of the Plan NoBe - North Beach Master
Plan, the public expressed a number of suggestions for the use of these properties.
Suggestions included leaving the properties "as is;" creating a public park space; selling the
properties for development; and several other options. Two potential scenarios were included
in the final plan: 1) Mid-rise and residential development on four of the eight lots to be
considered for public/private partnerships, with the remaining four lots to remain available for
Commission Committee Assignments - C4 A
COMMISSION ME [',IOMN DU M
Honorable Mayor and Members of the City Commission
Jimrny L. Morales, City Manager
February 8,2017
Page 147 of 909
NCAC#148
civic uses; 2) Primarily public uses such as a hotel, various active public uses, civic space, and
parking structures. While both scenarios were included in the adopted plan, it was the general
consensus that scenario one (1)was a good compromise.
ln scenario one (1), it was contemplated that the four public/private lots could include the
development such as mixed use buildings with retail and residential uses or potentially, a hotel
facility. The plan further recommends that these lots not be sold, but that the land be leased to
private entities for these purposes (the City Charter requires any such lease of more than 10
years will require a citywde referendum). The recommendations for the remaining four civic-
use lots included the placement of parking structures (possibly with ground floor retail or other
civic related offices or uses) on two of the four lots as parking remains necessary for other uses
on the lots and for users of the North Shore Open Space Park directly across Collins Avenue.
Uses for the other lots included more direct public uses such as a teen center or active uses
such as a swimming pool or soccer fields.
Scenario two (2) included limited public/private development of a hotel with the remainder of the
lots to include various civic uses such as a pool, community gardens, all-wheels skate track, and
a teen center. This scenario was not the compromise as the Steering Committee recognized
that significant resources would be required to maintain all of these uses while uses in Scenario
one (1) had potential to be paid for/builUmaintained by the private parties utilizing non-civic land.
Certainly other possibilities can be reviewed, however, if development of the lots is desired,
there are a number items that must be contemplated in advance. The City would need to
determine if all the lots should be developed together or if a single lot or groups of lots should
be released. lt could couple development of a private lot with development of a civic lot by the
private developer. A determination would also need to be made as to whether the City wants to
specifically proscribe what can be built on the lots or request broad responses from the
development community as to what the market might best absorb.
CONCLUSION
It is believed that development of these lots has potential to add to the area additional
recreational/civic opportunities as well as retail and dining opportunities. Development can also
increase parking capacity for the immediate area as well as for a soonto-be-improved North
Shore Open Space Park, and provide lease payments and property taxes that would assist in
providing for other area and Citywrde needs. Discussion by the Neighborhood/Community
Affairs Committee is suggested in order to begin to frame the conversation and ultimate
direction.
KEY INTENDED OUTCOMES SUPPORTED
Revitalize Key Neighborhoods, Starting With North Beach And Ocean Drive
FINANCIAL INFORMATION
There is no financial impact to the referral at this time.
Legislative Tracking
Tourism, Culture and Economic Development
AfiACHMENTS:
Page 148 of 909
NCAC#149
Description
West Lot pages from North Beach Master Plan
Page 149 of909
NCAC#150
Wesl Lots
The West Lots consist of eight half blocks fronting Collins
Avenue across from North Shore Open Space Park,
from 79th Street to 87'h Street. These blocks provide
parking for North Shore Open Space Park and the beach
beyond. The West Lots are large enough to accommodate
parking, as well as additional uses that are desired by the
community. They have the potential to provide parking,
open space and buildable area. The Lots provide the
largest continuous civic/commercial oceanfront adjacent
development opportunity in the City.
The West Lots present a wonderful opportunity to spatially
shape a robust edge to the North Shore Open Space
Park. These sites boast valuable addresses that could
accommodate a broad range of potential uses. ln places
where buildings front the sidewalk, raised terraces could
accommodate further outdoor dining while gracefully
helping to satisfy building flood elevation requirements.
New buildings, if carefully designed, can seamlessly
complement the City's MiMo architectural heritage.
Emphasis should be placed on slender, deeply cantilevered
eyebrows, and sleekly streamlined detailing. Colors of
new buildings should be light or white to reflect the hot
South Florida sun and reduce heat island effect.
ln the illustration below, Collins Avenue is shown
reconfigured within the right-of-way to accommodate
two-way travel as discussed in the Mobility section. On
the side of the street adjacent to the North Shore Open
Space Park, a northbound dedicated bus-bike lane is
included, which would make this an important segment
in the future multi-modal transportation network in
Miami Beach. On the side of the street away from the
park, on-street parking and regularly spaced shade trees
are shown protecting wide sidewalks. Shade could be
further augmented by closely-spaced umbrellas in areas
with sidewalk dining.
The City should take the time to carefully define an
identity for the West Lots with the community, as
it further defines the rest of North Beach to ensure
redevelopment of these lots is in conformance with that
vision. The City should not rush to develop these lots.
The West Lots are zoned General Use and are separated
from the RM-1. neighborhood district to the west by
an alley. These parcels are of a relatively consistent
size of approximately 175 feet by 300 feet. The lots
are currently a mix of undeveloped open blocks, public
surface parking lots, Ocean Rescue operations, and the
log cabin site that includes a mix of other city uses.
fl tt
hht
w('/F
North Beoch Moster Plo
NCAC#151
As consensus on appropriate development opportunities
emerges, a single block or set of blocks could be developed,
while the other blocks remain unchanged if consensus for
a larger strategy for all eight parcels is not identified.
The answer to what the West Lots should be is not an
all or nothing question. At the Charrette, the community
developed a collective list of how they might like to see
the West Lots utilized. The list consists of the following:
. Library. Skate Park (All Wheels Pump Track). Fitness Complex. 50 Meter Competition Swimming Pool. Boutique Hotel. Commercial Uses (Storefronts)
a
a
a
a
o
a
a
a
a
a
Residentia I
Resta u ra nts/Cafe
Parking
Grocery Store
Education tied to a University
Nature Conservancy & Botanical Gardens
Hold for Future Use
Recreate the House of Refuge
Preserve the Log Cabin
Community Gardens .l
h
&iI
&
r
I
t
I
I
{
fj'
ftE: -$di"
{-1.
-Q.t*frti
51 6f 909
wr':rxt5[8it
Street
,f-Jl
Chopter 2 | Five Big ldeos 12 731
NCAC#152
Some of the uses proposed for West Lots and described in greater detail below could be located within the West Lots
while others may be more appropriately located closer to the Town Cente6 along 7L't Street. At the same time, many of
the desired uses can be accommodated on a portion of a block, a single block, or as two blocks combined.
I mmediote I mprovemenls
The West Lots are likelyto be developed as part of a specific
master plan, however, in the short-term improvements
could be made to improve the visitor experience
including refreshment sales from the Log Cabin structure
between 81st and 82nd streets, the dedication of an
area for a teen center, and the installation of temporary
community gardens. lmprovements to the lot's current
parking function could include additional landscaping,
repaving, restriping, and cosmetic improvements.
Porking Goroge & Sidewolk Cofes
The West Lots currently contain 327 parking spaces. lf
development occurs, these spaces can be preserved in
addition to accommodating parking for any new uses, if
additional parking is required. One method for achieving
this involves creating a parking garage that is lined,
at least on the ground level, with commercial space,
including cafes. The garage could be a city garage where
commercial space is leased or it could be developed as a
public-private pa rtnership.
lnstitutionol Use
Several institutional uses were mentioned as desirable
for the site including an educational facility (preferably
tied to a university), medical uses, and a teen center. This
type of use could develop on an entire block, or a portion
of a block. Depending on the size of the facility, it could
accommodate parking on the same block or could be next
to a new parking garage on an adjacent lot.
It is worth noting that the institutional uses identified
may be better located elsewhere in North Beach such as
adjacent to the Youth Center or in the Town Center on
71't Street.
Boulique Hotel
Half of a block or an entire block can be used to develop a
hotel. A height of up to seven stories could be considered
an appropriate height to be able to develop an adequate
number of units and include a parking structure within a
three story podium.
It has been suggested that if some blocks have more
height, then they should be located further toward the
northern edge of the City, closer to the taller buildings
that have been developed in Surfside.
Legend
New Building
! Civic Buitding
Parking Court
Sidewalk
Pool
Green Space
lffi Community Garden
iI rru"t
Collins Avenue
rF
12.74') Norlh Beoch Moster Plon Repod ] Sepiember 23
Page 152 of 909
DRAFTNCAC#153
Residentiol Use - 3 Stories
Another idea that was expressed for the future of the
West Lots is that the lots should be developed at the
same scale as the RM-1 neighborhood to their immediate
west. One option with this scenario involves lots that
are developed with fee-simple, park-under townhomes.
Condo buildlngs that match the existing buildings with
parking accommodated in small mid block lots would also
work well in this scenario. This development scenario
would privatize the lots, but they would be of a similar
scale as the surrounding community.
Fifty Meter Competition Pool
During the North Beach Charrette, members of the
community requested that the West Lots accommodate a
pool that can be used by the community and supplement
its maintenance by also being a competition pool. A
fifty meter pool, viewing stands and dive pool fit on a
single block. Offices, locker rooms, and snack bars can
be located under the stands. This pool can be combined
with other blocks and could be used to form a larger
fitness complex. The pool illustrated here is just an
example of what could be sited here.
Mid-Rise Condo
Half of a block or an entire block can be used to create
a mid-rise condominium building. The ground floor of
these structures could be dedicated to neighborhood
serving retails space.
A height of up to seven stories could be considered an
adequate height to develop an appropriate number of
units and include a parking structure within a three-story
podium. Alternatively, parking could be located close
by,on one of the adjacent lots.
Preserue Lots
Perhaps the least controversial use for the West Lots is
for the City to continue to hold the lots as they are in
order to have them available for future unknown needs.
Although this is an option, planning for the future use of
the lots is important as both public and private entlties
are considering the future use of the sites. The City
should develop a community-supported vision for the
West Lots before an outside proposal pressures the City
in some other manner.
*m -. ."iF
Collins Avenue
"'*'.:Cilfrnsiffiu" --
f
ldeos
;*ii$ .i
&1S!*'s *Pl ll
'&u$t*.,*,u rq
DRAFT
e"s" rsms
Chopter2 lFiveBrg L2 751
NCAC#154
Putling lr AII Together
The future composition of the West Lots can take
on numerous forms. The following are two potentlal
scenarios for a mix of development.
SCENARIO 1: MID-RISE HOTEL & RESIDENTIAI
DEVELOPMENT
Developing the lots with mid-rise buildings (primarily
seven-story towers on a three story podium with parking,
either in the form of boutique hotels or residential
buildings), has the potential of raising tax revenue for the
area. This revenue can be used to preserve the historic
assets in the RM-1 neighborhood to help fund sea level
rise mitigation efforts, or for other priorities yet to be
determined by the City and the citizens.
This scenario has four blocks used for public use and four
blocks that utilize public-private partnerships.
! not"t (3 story podium, 7 story tower)
I Residential (3 story podium, 7 story tower)
! nuUtic Parking, Cafes & Retail (3 stories)
I Residential (3 story podium, 7 story tower)
!l Residential (3 story podium, 7 story tower)
I Civic, Community Gardens, Log Cabin, Soccer Field,
All-Wheels Park Center (l story)
p Civic, Teen Center (3 stories)
I nuUti. Parking, Cafes & Retail (3 stories)
",A.761 North BeocE
NCAC#155
SCENARIO 2: PRIMARILY PUBLIC USES
The West Lots could host a number of civic uses.
Although North Shore Open Space Park is located across
Collins Avenue from the West Lots, it serves primarily
passive uses. The West Lots could be used for more
active recreation and structured parking uses.
Although not illustrated, one of the east-west streets
could potentially be closed to create a pedestrian-
dominant space. As illustrated, the blocks can also
remain separate, which greatly enhances connectivity
throughout this portion of the beach.
Even with the majority of the lots being utilized for
the public good, there is still an opportunity for the
remaining blocks to accommodate other desired uses,
such as a hotel. Private development or a public-private
partnership could help fund the development of the lots
other blocks that have a primarily civic use.
This scenario includes six blocks allocated for public
use and two blocks that would utilize public-private
partnerships.
I Hotel (3 story podium, 7 story tower)
Public Parking, Cafes & Retail (3 stories)
Civic: Fifty Meter (50 m)Competition Pool (2 stories)
Civic: All-Wheels Park, Teen Center (3 stories)
Public Parking, Cafes & Retail (3 stories)
Civic: Community Gardens, Log Cabin (1 story)
Public Parking, Cafes & Retail (3 stories)
lnstitutional Use (3 stories)
tr
E
E
E
E
tr
tr
,l
t, :"- -'
DRAFT NCAC#156
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
DISCUSSION REGARDING COMMISSIONING AN ARTIST TO PAINT THE NORTH BEACH
WATER TOWERS
Commission ltem C4M, February 8,2017
(Sponsored by Commissioner Arriola and Co-Sponsored by Commissioner Alem5n)
Eva Silverstein, Tourism, Culture, and Economic Development Director
lreu #20
NCAC#157
Commission Commiftee Assignments - C4 M
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: CommissionerRickyArriola
DATE: February 8,2017
SUBJECT: REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO
DISCUSS COMMISSIONING AN ARTIST TO PAINT THE NORTH BEACH WATER
TOWERS.
ANALYSIS
Please place this referral item on the February 8,2017 city Commission agenda.
Legislative Tracking
Commissioner RickyAniola & Co-Sponsored by CommissionerAleman
Page 239 of 909
NCAC#158
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
DISCUSSION REGARDING THE MAINTENANCE OF PUBLIC BATHROOMS CITYWIDE
Commission ltem C4N, February 8,2017
(Sponsored by Commissioner Grieco)
John Rebar, Parks and Recreation Director
Adrian Morales, Property Management Division Director
lreu #21
NCAC#159
MIAMIBEACH
TO:
FROM:
DATE:
SUBJECT: REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFATRS COMMITTEE
AND THE FINANCE AND CIT\AruIDE PROJECTS COMMITTEE REGARDING
THE MAINTENANCE OF PUBLIC BATHROOMS CITY/VIDE.
ANALYSIS
Please place on the February 8th Agenda, a dual refenal to the Neighborhood/Community
Affairs Committee and the Finance and Citywide Projects Committee regarding the
maintenance of Public Bathrooms Citywide.
Legislative Tracking
Commissioner Michael Grieco
Gommission Committee Assignments - C4 N
COMMISSION MEilPMNDUM
Honorable Mayor and Members of the City Commission
Commissioner Michael Grieco
February 8,2017
Page 240 of 909
NCAC#160
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
SHANE WATERSPORTS RESOLUTION A RESOLUTION OF THE MAYOR AND CITY
GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING PURSUANT TO
SECTION 142-425 OF THE CITY'S CODE, THE WAIVER OF CERTAIN REGULATIONS
APPLICABLE TO THE RONALD W. SHANE WATERSPORTS CENTER, LOCATED AT 6550
INDIAN CREEK DR, MIAMI BEACH, FLORIDA; WAIVING BY A 5l7TH VOTE OF THE CITY
COMMISSION, AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATIONS tN A GU
(GOVERNMENT USE) DISTRICT, WHICH REGULATIONS ARE FOUND AT SECTTON 142.
422 AND 142.423, ENTITLED'MAIN PERMITTED USES," AND'PRIVATE USES,'IN
ORDER TO WAIVE THE REQUIREMENTS RELATTNG TO A NEIGHBORHOOD IMPAGT
ESTABLISHMENT FOR THE CURRENT OPERATION OF THE A HALL FOR HIRE LOCATED
AT THE CITY-OWNED RONALD W. SHANE WATERSPORTS CENTER OWNED (LAND
LEASE), AND OPERATED By MtAMt BEACH WATERSPORTS, tNC.
Commission ltem R782, February 8,2017
(Sponsored by Commissioner Grieco)
Tom Mooney, Planning Director
lreu #22
NCAC#161
MIAMIBEACH
TO:
FROM:
DATE:
SUBJECT: 1. BANDSHELL RESOLUTION A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
PURSUANT TO SECTION 142425 OF THE CITYS CODE, THE WAIVER OF
CERTAIN REGULATIONS APPLICABLE TO THE NORTH SHORE BANDSHELL,
LOCATED AT 7251COLL|NS AVENUE, MIAMI BEACH, FLORIDA; WAtVtNG ByA
5I7TH VOTE OF THE CITY COMMISSION, AFTER PUBLIC HEARING, THE
DEVELOPMENT REGULATTONS tN A GU (GOVERNMENT USE) DtSTRtCr,
WHICH REGULATIONS ARE FOUND AT SECTION 142422 AND 142423,
ENTITLED "MAIN PERMITTED USES,'AND "PRIVATE USES," IN ORDER TO
WAIVE THE REQUIREMENTS RELATING TO A NEIGHBORHOOD IMPACT
ESTABLISHMENT AND AN OUTDOOR ENTERTAINMENT ESTABLISHMENT
FOR THE CURRENT OPERATION OF THE BANDSHELL FACILITY AND A HALL
FOR HIRE LOCATED AT THE CITY-OWNED NORTH SHORE BANDSHELL,
OPERATED BYTHE RHYTHM FOUNDATION, INC.
2. SHANE WATERSPORTS RESOLUTION A RESOLUTION OF THE MAYOR AND
CIry COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
PURSUANT TO SECTION 142-425 OF THE CITYS CODE, THE WAIVER OF
CERTAIN REGULATIONS APPLICABLE TO THE ROMLD W. SHANE
WATERSPORTS CENTER, LOCATED AT 6550 INDIAN CREEK DR, MIAMI
BEACH, FLORIDA; WAIVING BY A SNTH VOTE OF THE CITY COMMISSION,
AFTER PUBLIC HEARING, THE DEVELOPMENT REGUIATIONS IN A GU
(GOVERNMENT USE) D!STR!CT, WHTCH REGULATTONS ARE FOUND AT
SECTION 142422 AND 142.423, ENTITLED "MAIN PERMITTED USES," AND
"PRIVATE USES," IN ORDER TO WAIVE THE REQUIREMENTS RELATING TO A
NEIGHBORHOOD IMPACT ESTABLISHMENT FOR THE CURRENT OPERATION
OF THE A HALL FOR HIRE LOCATED AT THE CITY-OWNED ROI{ALD W.
SHANE WATERPORTS CENTER OWNED (LAND LEASE), AND OPERATED BY
MIAMI BEACH WATERSPORTS, INC.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Resolutions.
ANALYSIS
Resolutions - R7 B
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
February 8,2017
11:05 a.m. Public Hearings
Page 670 of 909
NCAC#162
HISTORY
On October 14, 2015, the Mayor and the City Conmission, at the request of Commissioner Michael
Grieco, referred an item to the Land Use and Developnent Committee (LUDC) regarding a land use
arnendrnent to permit the selling of alcoholic beverages at the following locations: North Shore
Bandshell, Shane Rowing Center, and the Miami Beach Botanical Garden (ltem C4G.) On January 20,
2016, the LUDC recomnended that the City Commission consider four waivers regarding alcoholic
beverage regulations for the North Shore Bandshell, Shane Rowing Center, Botanical Garden, and
North Shore Oceanfront Center. At the tinre of this action, the North Shore Oceanfront Center indicated
that they would not be requesting such a waiver.
On February 10,2016, at the request of Commissioner Michael Grieco, the City Commission referred
waivers pertaining the Bandshell and Shane Watersports Center to the Planning Board for review,
pursuant to Section 142425(d) of the City Code (ltem C4H.) On June 28,2016, the Planning Board
transnitted waivers for the North Beach Bandshell and the Ronald W. Shane Watersports Center to
the City Commission with favorable recomnendations.
On November 9, 2016, the Mayor and City Conmission approved an ordinance that created the
ability to grant a concurrency exemption for uses at the city-owned North Beach Bandshell, Ronald
W. Shane Watersports Center, and the Miami Beach Botanical Garden (Ordinance No. 2016-4053).
This Ordinance, however, is subject to an arnendrnent to the City's Comprehensive Plan, which is
currently pending before the City Conrnission as part of a Comprehensive Plan Arnendnrent for the
Transit Master Plan. A separate waiver for concurrency will be brought to the City Conmission on
4pri126,2017.
eecxcnouNo
Nofth kach fundshell
The North Beach Bandshell was designed, built and constructed as an outdoor entertainment space
in 1961 and is located in the North Shore National Register District. Between 2011 and 2014 the
Bandshell and the surrounding park undenarent significant renovations. ln 2014, there was a
recomrnendation, from the Mayor's Blue Ribbon Panel on North Beach to issue an RFP for the
rnanagement of the North Shore Bandshell. The Rhythm Foundation, a not-for-profit organization,
was awarded the rnanagernent agreernent for the facility.
ln order for The Rhythm Foundation to fornnlize its licensing requirernents for the operation of the
North Shore Bandshell and obtain a Business Tax Receipt (BTR) for a concert venue, hall for hire,
dance and entertainrnent establishrnent, and apply for an alcoholic beverage license from the State, it
must seek a waiver of the Land Developnent Regulations (LDR's) regarding Neighborhood lmpact
Establishnrents (NlE) and outdoor entertainrnent establishments from the City Comnission pursuant to
Section 142425(d) of the City Code.
Ronald W. Shane Watersports Center
Miani Beach Watersports Center lnc. is a not-for-profit organization located at 6500 lndian Creek
Drive in the Ronald W. Shane Watersports Center. The original structure was constructed in 1993 as
a one story boathouse affiliated with the Jewish Comrnrnity Center (JCC). A second floor to the
facility was added in 2003 by Miami Beach Watersports Center lnc. The cunent operators have a
Business Tax Receipt (BTR) for an office, boat docks, storage yard, and hall for hire (RL05000973).
Page 671 of 909
NCAC#163
Prinnrily, the second floor of the structure is used to host events including weddings, social events,
fundraisers and neetings.
ln order for Miami Beach Watersports Center lnc. to formalize its licensing requirernents for its current
operation, add to its Business Tax Receipt (BTR)dance and entertainrnent, and apply for an alcoholic
beverage license from the State, it must seek a waiver of the Land Developnent Regulations (LDR's)
from the City Comnission for being a Neighborhood lmpact Establishnrent (NlE) pursuant to Section
142425(d) of the City Code. As a point of clarification, the Ronald W. Shane Watersports Center is
not proposing outdoor entertainrnent.
PLANNING ANALYSIS
North Beach fundshell
The Rhythm Foundation is not requesting any elpansion of its current programming. ln the past, the
musical events staged at the Bandshell were authorized through the Special Events process which
allowed the City Manager to waive the zoning requirernents for each event. The purpose of the
proposed waiver of the zoning requirernents for an NIE and outdoor entertainnent is to fornnlize the
operation of the Bandshell through a BTR for a concert venue with an accessory hall for hire. The
hall for hire services would include, but not be limited to the following activities: catering, equipnent
rental, alcoholic beverages seryice, and dance and entertainnrent.
The Bandshell neets the threshold of an NlE, as the capacity of the facility exceeds 200 persons,
and also is an outdoor open air entertainrnent establishnent (see definitions at the end of the
analysis.) The City Commission can waive the conditional use requirenents for GU properties
pursuant to Section 142425 (d).
Ronald W. Shane Watersports Center
The Ronald W. Shane Watersports Center was designed, built and constructed as a sports and
recreation center. The purpose of the second story addition was to accomnndate events and
neeting spaces. The Miami Beach Watersports Center is only fornelilng its current operations and
not requesting any epansion to its current progrannning. The purpose of the proposed waiver of the
zoning requirenents for an NIE is able to obtain a BTR for all of the services covered in the norrnal
operation of an accessory hall for hire, such as: catering, equipnrent rental, alcoholic beverages
service, and dance and entertainnrent.
The Ronald W. Shane Watersports Center meets the threshold criteria of an NlE, as the capacity of
the facility exceeds 200 persons with dance and entertainnrent. The City Conmission can waive the
conditional use requirernents for GU properties pursuant to Section 142425 (d).
Sec. 142-1 361 . - Definitions.
Entertainment means any live showor live peiormance or music amplified or nonamplified. Exceptions: lndoor
movie theateS big screen television anilor background music, amplified or nonamplified, played at a volume that
does not interfere uith normal conversation.
Neighborhood impact establi shment means:
(1) An alcoholic bevenge establishment or restaurant, not also operuting as an enteftainment
Page 672 of 909
NCAC#164
establishment or dance hall (as defined in section 114-1), uith an occupant content of 300 or more
persons as determi ned by the chief fi re marshal ; or
(2) An alcoholic bevenge establishment or restaunnt, vhich rs a/so openting as an enteftainment
establishment or dance hall (as defined in section 114-1), uith an occupant content of 200 or more
persons as determined by the chief fire marshal.
**
Outdoor enteftainment establishment means a commercial establishment vhich provides outdoor enteftainment
as defined in this sectrbn.
Section 142425(d) of the City Code, sets forth a provision that the City Commission nay waive by
five sevenths vote, following a public hearing, developrnent regulations "pertaining to governrnental
owned or leased buildings, uses and sites which are wholly used by, open and accessible to the
general public, or used by not-for-profit, educational, or cultural organizations, or for convention
center hotels, or convention center hotel accessory garages, or city utilized parking lots, provided
they are continually used for such purposes."
PLANNING BOARD REVIEW
On June 28,2016, the Planning Board (by a 5-0 vote) transmitted both of the proposed waivers to
the City Commission with a favorable recommendation.
CONCLUSION
The Administration recomrnends that the City Commission adopt the Resolutions.
Leoislative Trackino
Planning
Sponsor
Commissioner Michael Grieco
ATTACHMENTS:
Description
o FormApproved Reso - Bandshell
o FormApproved Reso - Shane
Page 673 of 909
NCAC#165
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE
CITY OF MIAM! BEACH, FLORIDA, AUTHORIZING PURSUANT TO
SECTION 142-425 OF THE CITY'S CODE, THE WAIVER OF
CERTAIN REGULATIONS APPLICABLE TO THE RONALD W.
SHANE WATERSPORTS CENTER, LOCATED AT 6550 INDIAN
CREEK OR, MIAMI BEACH, FLORIDA; WAIVING BY A 5/7TH VOTE
oF THE C|TY COMMTSSION, AFTER PUBLTC HEARING, THE
DEVELOPMENT REGULATIONS !N A GU (GOVERNMENT USE}
DISTRICT, WHICH REGULATIONS ARE FOUND AT SECTION 142-
422 AND 142-423, ENTITLED "MAIN PERMITTED USES," AND..PRIVATE USES,'' IN ORDER TO WAIVE THE REQUIREMENTS
RELATING TO A NEIGHBORHOOD IMPACT ESTABLISHMENT FOR
THE CURRENT OPERATION OF THE A HALL FOR HIRE LOCATEDAT THE CITY.OWNED RONALD W. SHANE WATERPORTS
CENTER OWNED (LAND LEASE), AND OPERATED BY MIAMI
BEACH WATERSPORTS INC.
WHEREAS, the Ronald W. Shane Watersports Center was built and constructed
as boathouse in 1993; and
WHEREAS, in 2003 the a second floor to the facility was added by Miami Beach
Watersports Center, lnc.; and
WHEREAS, the Miami Beach Watersports Center lnc. a not-for-profit
organization which leases the land from the City of Miami Beach; and
WHEREAS, many of the Ronald W. Shane Watersports Center community
events in the are free and open to the public; and
WHEREAS, one of the Ronald W. Shane Watersports Center funding sources is
the rental of the facility as a hall for hire to host events including weddings, social events,
fundraisers and meetings; and
WHEREAS, one of the key intended outcomes for the City of Miami Beach is to
enhance cultural and recreational activities and improve alliance with key sectors,
namely hospitality, arts, & international business with a focus on enhanced culture,
entertainment, & tourism; and
WHEREAS, the Ronald W. Shane Watersports Center is located at 6500 lndian
creek Drive within the Government Use (GU) zoning district and is subject to the City's
Land Development Regulations; and
WHEREAS, as a result of the overall size of the Ronald W. Shane Watersports
Center, the facility meets the threshold of a Neighborhood lmpact Establishment (NlE),
as the capacity of the facility exceeds 200 persons; and
WHEREAS, in the GU zoning district provides for a waiver of land development
regulations under certain conditions; and
Page 676 of 909
NCAC#166
3.n .'ar_Enill:
WHEREAS, pursuant to Section 142-425(d) of the Land Development
Regulations, the City Commission may waive, by five sevenths (Si7ths) vote, following a
public hearing, development regulations "pertaining to governmental owned or leased
buildings, uses and sites which are wholly used by, open and accessible to the general
public, or used by not-for-profit, educational, or cultural organizations, or for convention
center hotels, or convention center hotel accessory garages, or city utilized parking lots,
provided they are continually used for such purposes;" and
WHEREAS, on June 28, 2016, the Plannlng Board transmitted to the City
Commission a favorable recommendation of the waiver for the Ronald W. Shane
Watersports Center; and
WHEREAS, on November th, 2016, the Mayor and City Commission approved
an ordinance that created a concurrency exemption for uses at the city-owned North
Beach Bandshell, Ronald W. Shane Watersports Center, and the Miami Beach Botanical
Garden (Ordinance No. 2016-4053); and
WHEREAS, the Mayor and City Commission desire to waive the development
regulations.
NOW, THEREFORE, BE tT DULY RESOLVED BY THE MAYOR AND Clry
COMMISSION OF THE Clry OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission, pursuant to Section 142-425 (d) of the City's Code, authorize the waiver of
cedain regulations applicable to Ronald W. Shane Watersports Center, located at 6500
lndian creek Drive, Miami Beach, Florida; waiving by a 5/7th vote of the City
Commission, after public hearing, the development regulations in a GU (Government
Use) Zoning District, which regulations are found at section 142422 and 142-423,
entitled "Main Permitted Uses," and "Private Uses," in order to waive the requirements
relating to neighborhood impact establishments.
PASSED and ADOPTED this day of 2017.
PHILIP LEVINE, MAYOR
ATTEST:
APPROVED ASTO
FORM & LANGUAGE
RAFAEL E. GRANADO, GITY CLERK
Page 677 of 909
NCAC#167
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
DISCUSSION REGARDING THE CITY OF MIAMI BEACH BRANDING.MUNICTPAL LOGO
Commission R9E, February 8,2017
(Marketing and Communications)
Tonya Daniels, Director of Marketing and Communications
lreu #23
NCAC#168
MIAMIBEACH
City of Miomi Beoch, ,l700 Convenlion Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMITTE MEMORANDUM
TO:Neig hborhood/Com m un ity Affairs mittee
FROM: Jimmy L. Morales, City Manager
DATE: February 17,2017
SUBIECT: DISCUSSION REGARDING
MUNICIPAL LOGO
CITY OF MIAMI BEACH BRANDING.
ADM!N ISTRATION RECOMMEN DATION
Adopt the resolution.
ANALYSIS
ln 2015, the city entered into an agreement with Beanstalk, an internationally top ranked
global licensing agency, to create a strategic licensing and merchandising program to
enhance the consumer perceptions of Miami Beach as a lifestyle brand and continue to grow
tourism to our destination. ln addition, this program will generate external partner revenue
streams with a positive return on investment. To create a successful licensing and
merchandising program, and continue to promote the City as a global tourist destination,
Beanstalk and the Marketing and Communications staff began working on the creation of a
new logo.
After several months reviewing various logos, the Communications team narrowed the
search down to three options that were presented at the December 14th Commission
meeting. Per Commission direction, the Communications team consulted with the Arts ln
Public Places committee and conducted an online survey asking the public for their
feedback on the three finalists. Additionally, the team consulted with the Miami Beach
Visitor and Convention Authority and the City's trademark attorney.
After extensive discussions, it was determined that the needs for the merchandising and
licensing logo differ from the needs of the City's municipal logo. At the February 8th meeting,
the Commissioners accepted the Communication team's recommendation to proceed with
two separate logos. We will continue working with Beanstalk to create a unique and
protectable logo that captures the essence of Miami Beach at retail. Simultaneously, we will
continue fine-tuning the existing Miami Beach logo for municipal use. Per Commission
direction, we are presenting the municipal logo options to the Neighborhood/Community
Affairs Committee for additional feedback. Attached, please find the original logo finalists
along with the new municipal logo options presenting a fresh and modern take on the sun
and sail logo.
The incorporation of the new municipal logo will be tiered to ensure the least expenses to
the City. The immediate changes would include electronic letterheads, memorandums, and
all other electronic files, social media, website, and all other digital items where it can be
immediate replaced. The next steps would include all future printing of signage, business
cards, flyers, postcards and other printed materials. Beyond that the change would be
incorporated on vehicles and all other items where the logo would need to be replaced.
NCAC#169
Discuss City Branding
Neighborhood Committee Meeting
February 17,2017
Page 2 of 2
Upon final selection of the new merchandising and licensing logo, Beanstalk will then begin
working on a comprehensive style guide and sales .materials, which will then lead to the
official start of the licensing and merchandising program for the City. Possible partnerships
discussed include apparel and accessories, home d6cor, textiles, publishing, consumer
electronic accessories, beach gear and accessories, souvenir and novelty products.
CONCLUSION
The City of Miami Beach is a world-class tourist destination. The licensing and
merchandising program will reinforce the brand recognition and keep Miami Beach top of
mind while generating alternative revenue. The creation of a new logo that includes a
symbol and branding is imperative to the success of this program.
,l,vr#&ou,
T:\AGENDA\2017\2 - February\Neighborhood Comm Meeting\Communications\Discuss City Branding Memo.doc
NCAC#170
tU;{BlJ-l s
ffi
$tc
.g{arjs.$
:r iFUfi"(8ttl *
m
x
{
x
NCAC#171
-b
NCAC#172
--IUUU
III LU LUm6m
===
===b,$
Nrn
NCAC#173
I-UU
LLI tIImm
==
- -
==
-U
IJJm
=
=3i|N
LN
NCAC#174
7^
,,Alut
a
dJtrut
N] .
'btaJtNl. 1t
NCAC#175
Neighborhood/Community Affairs Committee Meeting
FEBRUARY 17,2017
DISCUSSION TO RECONSIDER THE CITY'S USE OF BONDED AGGREGATE FOR TREE
PITS
Commission ltem R9O, February 8,2017
(Sponsored by Commissioner AlemSn)
Eric Carpenter, Assistant City Manager/Public Works Director
lreu #24
NCAC#176
New Business and Commission Requests - R9 O
MIAMI BEACH
COMMISS ION MEI'JIORAN DU M
TO: Honorable Mayor and Members of the City Commission
FROM: Commissioner John Elizabeth Alernan
DATE: February 8,2017
SUBJECT: DISCUSSION ITEM TO RECONSIDER THE CITYS USE OF BONDED
AGGREGATE FOR TREE PITS.
ANALYSIS
Please include in the February 8,2017 City Commission Agenda, an item to discuss the City's
use of bonded aggregate in City tree pits.
The City cunently uses bonded aggregate to fill tree pits within commercial areas; however, this
material is unattractive and can raise and crack as shown in the attached picture. ln the past the
City has used iron grates which are more beautiful. !t would prove beneficial to compare the
advantages and disadvantages with regards to location, cost, maintenance and safety
risks of bonded aggregate to metalgrates and other materials.
From an aesthetic standpoint, I would be interested in exploring retuming to the metal grates,
either city wide or at least in high traffic tourist areas.
lf you have any questions please do not hesitate to call our office at ext. 6437 .
Legislative Tracking
Commissioner John Elizabeth Aleman
AfiACHMENTS:
Description
o Cracked Bonded Aggregate
Page 867 of 909
NCAC#177
,-t\
::,
4;,
i\n
q
i
I
t, ..
*.
iI ^/'
)l.t{t _,
/"'
NCAC#178
N EIG H BORHOOD/COM M UN ITY AFFAT RS COMMITTEE PEN DI NG ITE MS
FOR INFORMATION PURPOSES ONLY
Item #Commission
Referral
Date
Title Sponsored By To Handle By Comments
7 Item R9E,
Jonuory 73,
2015
Discussion Regarding The
Possible Addition Of A Skate
Park !n North Shore Open
Space Park RENAMED AS
Discussion Regarding A Skate
Park/ Parking Structure At
The 72nd Street Parking Lot
(Ps2)
Commissioner
Arriola ond Co-
Sponsored by
Commissioner
Alemdn
Jeff Oris Lost heord at
the December
2016 NCAC
meeting.
Deferred from
the Jonuary 27,
2077 NCAC
meeting to the
February 17,
2077. Nome
Chonqe.
2 Item R9land
R9P, June 8,
2016
Discussion Regarding Miami
Beach United (MBU)
"Residents' Right To Know"
Proposal
Commissioner
Grieco ond
Commissioner
Rosen Gonzalez
Office of the
City Attorney
Lost heord ot
the Jonuary
2017 NCAC
meeting. Come
back to the
Februory 17,
2077 NCAC
meeting with
feedbock from
the Miomi
Beach United
meetinq.
3 Item R9F,
July 73,2076
Discussion Regarding
Temporary Relocation Of
Maurice Gibb Playground
Commissioner
Rosen Gonzolez
John Rebor Lost heord ot
the November
2016 NCAC
meeting.
Deferred to
Morch 17,2077
NCAC meeting
pending designs
and community
chorrette.
4 Item R9D,
October 79,
2016
Discussion And Presentation
On Making MiamiBeach A
"City Of Kindness"
Commissioner
Steinberg
Tonya Daniels Lost heard at
the January 27,
2017 NCAC
meeting. Come
bock in to the
March 77,2077
NCAC meetinq.
NCAC#179
5 Item R9AN,
October 79,
2076
Discussion Regarding The
Future Activation And
Programming Of Lummus
Park
Commissioner
Arriolo
Eva Silverstein Lost heord ot
the December
2016 NCAC
meeting. Come
bock to the
Februory 77,
2017 NCAC
meetinq.
6 Item C4A,
November 9,
2016
Discuss The Placement Of
Farah Service Eue Sports
Equipment At Different
Locations Throughout The
City
Commissioner
Arriolo
John Rebar Last heord ot
the Jonuory 27,
2017 NCAC
meeting. Work
with
procurement.
Come bock to
the Morch 77,
2077 NCAC
meetinq.
7 Item C4D,
November 9,
2016
Discussion On An Additional
Designated Dog Area !n North
Beach
Commissioner
Steinberg
Eric Carpenter;
John Rebar
Lost heard ot
the December
2016 NCAC
meeting.
Contact the
neighborhood
and come back
to the February
77,2077 NCAC
meetinq.
8 Item C4N,
December
74,2076
Discussion Regarding
Potentia! Traffic Calming
lmprovements ln The
Nautilus Neighborhood
Tronsportotion Jose Gonzolez Deferred to
Februory 17,
2077 NCAC
meetino.
9 c40,
December
74,2076
Discussion To Consider
Expanding The Miami-Dade
County Human Trafficking
Signage Ordinance And
Requiring That A Sign Be
Displayed Throughout All
Establishments ln Miami
Beach
Commissioner
Alemdn
Aleksandr
Boksner
Referred from
the December
14,2075
Commission
meeting.
Deferred to the
Februory 77,
2017 NCAC
meetino.
10 c4q
December
74,2076
Discussion Regarding Traffic
Calming Per The Request Of
The Sunset lsland I and ll
Homeowners
Commissioner
Steinberg
Jose Gonzolez Lost heord ot
the Januory 27,
2077 NCAC
meeting. Find
out the
concerns of the
NCAC#180
residents ond
come bock to
the February
77,2077 NCAC
meetino.
7L c4T,
December
74,2076
Discussion Regarding Funding
For A Permanent Park Ranger
Detail At The North Shore
Community Youth Center
Recreational Area
Commissioner
Alemdn
John Rebor Referred from
the December
74,2076
Commission
meeting.
Deferred to the
February 17,
2077 NCAC
meetinq.
t2 c7D, C7E,
C7F, C7H, R7L
ond R7M,
December
74,2076
Discussion Regarding The
Concession Agreements For
Motorized And Non-
Motorized Vessels At The
Barry Kutun Boat Ramp
Located At Maurice Gibb
MemorialPark.
Porks ond
Recreotion
John Rebor Referred from
the December
74,2076
Commission
meeting.
Deferred to the
Februory 77,
2077 NCAC
meetino.
13 RgG,
December
14,2076
Discussion Regarding A
Possible PIaque At The
Normandy Pool
Commemorating The
Contributions Of The Late
Warren Green, tongtime Pool
Manager Who Passed Last
Year
Commissioner
Grieco
John Rebar Referred from
the December
74,2076
Commission
meeting.
Deferred to the
February 17,
2077 NCAC
meetinq.
74 C4A, Januory
77,2077
Discussion Regarding The Site
Plan For North Shore Open
Space Park
ctP Dovid Martinez Last heard at
the Jonuory 27,
2077 NCAC
meeting. Come
back to the
Februory 77,
217 NCAC
meeting with
updates and
then go to
Design Review
Board in Morch.
15 C4B, Januory
77,2077
Discussion On Offering Miami
Beach As A Pilot City For Uber
Self-Driving Cars
Commissioner
Rosen Gonzalez
Jose Gonzolez Referred from
the Jonuary 11,
2077
NCAC#181
Commission
meeting.
Deferred to
Morch 77,2077
NCAC meeting,
pending
odditional
informotion.
L6 C7Q Januory
77,2017
Discussion Regarding
Potential Uses Of A Rotunda
!n Collins Park
TCED Eva Silverstein Referred from
the Jonuary 11,
2077
Commission
meeting.
Deferred to
Februory 17,
2077 NCAC
meeting
pending budget
onolysis.
17 R9F, Jonuary
77,2017
Discussion Regarding
Lowering Speed Limits
And/Or Traffic Calming in
Residential Neighborhoods
Commissioner
Grieco
Jose Gonzolez Lost heord at
the Jonuory 27,
2017 NCAC
meeting.
Deferred to the
March 77,2077
NCAC meeting,
pending
additional
onolvsis.
18 R9K, Jonuory
17,2077
Discussion Regarding The
Creation Of Legacy Business
Registry And Other Possible
Programs Designed To
Support And Protect Small
Businesses
Commissioner
Grieco
Eva Silverstein Referred from
the Jonuary 17,
2077
Commission
meeting.
Deferred to the
February 17,
2017 NCAC
meetinq.
19 R9R, Jonuary
77,2077
Discussion On The Creation
Of A Miami Beach Hall Of
Fame And Establishing
Criteria Placement And
Selection Process
Commissioner
Steinberg
Evo Silverstein Referred from
the Jonuory 71,
2017
Commission
meeting.
Deferred to
Februory 17,
2077 NCAC
meeting,
pendino
NCAC#182
research on
criterio.
20 R9A, Januory
25,2077
Discussion Of Workforce
Housing Tenant Policies And
Research How Other
Jurisdictions Are Add ressing
The lssue
Office of Housing
ond Community
Services
Mario Ruiz Referred from
the Jonuory 25,
2077
Commission
Workshop on
Housing. Come
to NCAC ofter
assessment of
the Borcloy
workforce
housing
consultont by
the City's P3
consultont.
21,c4A,
Februory 8,
2077
Discussion Concerning Future
Use Of The West Lots
TCED Eva Silverstein Referred from
the Februory 8,
2077
Commission
meetinq.
22 c4M,
February 8,
2077
Discussion Regarding
Commissioning An Artist To
Paint The North Beach Water
Towers
Commissioner
Arriolo and Co-
Sponsored by
Commissioner
Alemdn
Evo Silverstein
ond Eric
Carpenter
Referred from
the February 8,
2077
Commission
meetino.
23 c4N,
Februory 8,
2077
Discussion Regarding The
Maintenance Of Public
Bathrooms Citywide
Commissioner
Grieco
John Rebor Referred from
the Februory 8,
2077
Commission
meetinq.
24 R7 82,
Februory 8,
2077
Shane Watersports
Resolution A Resolution Of
The Mayor And City
Commission Of The City Of
Miami Beach, Florida,
Authorizing Pursuant To
Section t42425 Of The City's
Code, The Waiver Of Certain
Regulations Applicable To The
Ronald W. Shane Watersports
Center, Located At 5550
lndian Creek Dr, Miami
Beach, Florida; Waiving By A
5/7th vote of The city
Commission, After Public
Commissioner
Grieco
Tom Mooney Referred from
the February 8,
2017
Commission
meeting.
NCAC#183
Hearing, The Development
Regulations !n A Gu
(Government Use) District,
Which Regulations Are Found
At Section 142422 And 142-
423, Entitled "Main Permitted
Usesr" And "Private Usesr" ln
Order To Waive The
Requirements Relating To A
Neighborhood lmpact
Establishment For The
Current Operation Of The A
Hall For Hire Located At The
City-Owned Ronald W. Shane
Watersports Center Owned
(Land Lease), And Operated
By Miami Beach Watersports,
lnc.
25 R9E,
February 8,
2017
Discussion Regarding The City
Of Miami Beach Branding-
MunicipalLogo
Marketing ond
Communicotions
Tonya Doniels Referred from
the February 8,
2017
Commission
meetinq.
26 R90,
Februory 8,
2077
Discussion To Reconsider The
City's Use Of Bonded
Aggregate For Tree Pits
Commissioner
Alemdn
Eric Corpenter Referred from
the February 8,
2077
Commission
meetino.
NCAC#184