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20161109 SM1MIAMI BEACH City Commission Meeting SUPPLEMENTAL MATERTAL 1 (1 1 1412016) City Hall, Commission Chambers,3'd Floor,lTOO Convention Center Drive November 9, 2016 Mayor Philip Levine Com missioner John Elizabeth Alem6n Commissioner Ricky Arriola Commissioner Michael Grieco Commissioner Joy Malakoff Com missioner Kristen Rosen Gonzalez Commissioner Micky Steinberg City Manager Jimmy L. Morales City Attorney Raul J. Aguila City Clerk Rafael E. Granado Visif us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the registration of all lobbyists with the City Clerk priorto engaging in any lobbying activitywith the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. SUPPLEMENTAL AGENDA C7 - Resolutions C7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE CITY MANAGER'S RECOMMENDATION AND WAIVING, BY 5I7TH VOTE, THE CITY'S COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVERTO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2 TO THE CITY'S AGREEMENT WITH ATLANTIC PAVING CO., INC. FOR THE PAINTING AND STRIPING OF DEDICATED BICYCLE LANES ACROSS THE CtTy, pURSUANT TO tNV|TAT|ON TO BtD (tTB) NO. 2015-002-KB, WITH A TOTAL CONTRACT SUM, IN AN AMOUNT NOT-TO-EXCEED $1,7OO,OOO. Procu re m enVTra n s po rtatio n Supplemental updated on 111412016 (Resolution & Agreement) C7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING SPECIAL EVENT FEE WAIVERS FOR THE SQUARE FOOTAGE FEE IN THE AMOUNT OF $2,487,AND THE TO-BE-DETERMINED LUMMUS PARK USER FEE, FORTHE BURGER KING BEACH RUN TO BE HELD ON DECEMBER 1 1,2016, Commissioner Ricky Arriola Supplemental updated on 111412016 (Updated Memorandum & Resolution) 1 Supplemental 1, November 9, 2016 R5 - Ordinances R5 N AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED ,,PUBLIC PROPERTY," BYAMENDING ARTICLE III, ENTITLED "USE OF PUBLIC PROPERTY," BY AMENDING DIVISION 2, ENTITLED "REVOCABLE PERMIT;" BY CREATING SECTION 82-96 THEREOF TO BE ENTITLED "COMMERCIAL OUTDOOR FEE BASED ACTIVITY PERMIT, BY ESTABLISHING SUBSECTIONS THAT ARE ENTITLED "COMMERCIAL OUTDOOR FEE BASED ACTIVITY," "PERMIT APPLICATION; SUBMITTAL AND QUALIFICATIONS," "CRITERIA FOR APPLICATION REVIEW; APPROVAL OR DENIAL,' "PERMIT APPLICATION; ISSUANCE," "PERMIT; REQUIRED," "cENERAL PROVISIONS," "PERMIT FEES AND OTHER CHARGES," "SUSPENSION/REVOCATION; PERMITTEE CANCELATION," "PENALTIES AND ENFORCEMENT;" PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. First Reading Parks and Recreation Commissioner Michael Grieco Supplemental updated on 111412016 (Ordinance) R9 - New Business and Commission Requests R9 D DISCUSSION ITEM REGARDING ELEVATIONS. Deferred from October 19, 2016 - Rg M Commissioner John Elizabeth Aleman Supplemental updated on 111412016 (Add itional lnformation) R9 W DISCUSS THE REDEVELOPMENT OF REGAL SOUTH BEACH STADIUM 18 & IMAX. Commissioner Kristen Rosen Gonzalez Supplemental updated on 111412016 (Updated Memorandum) 2 Aqenda ltem C?I Date -LJ-L!L- RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA, ACCEPTING THE CIry MANAGER'S RECOMMENDATION AND WAIVING, BY 5I7TH VOTE, THE CITY'S COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE C!TY, AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2 TO THE CITY'S AGREEMENT WITH ATLANTIC PAVING CO., INC. FOR THE PAINTING AND STRIPING OF DEDICATED BICYCLE LANES ACROSS THE CITY, PURSUANT TO TNV|TATTON TO BID (lTB) NO" 2016-002-KB, WlrH A TOTAL CONTRACT SUM IN AN AMOUNT NOT-TO.EXCEED $1,7OO,OOO. WHEREAS, on October 14,2015, the City Commission approved the award of a contract to Atlantic Paving Co., lnc., pursuant to lnvitation To Bid (lTB) No. 2016-002-KB for Painting and Striping of Dedicated Bicycle Lanes, forthe bicycle lanes on 16'n Street, between Alton Road and Washington Avenue (the "Agreement"); and WHEREAS, pursuant to the Agreement, the City's cost to paint and stripe dedicated bicycle lanes on 16th Street was $130,986.00, which calculates to $6.50 per square foot; and WHEREAS, the City's Bicycle/Pedestrian Master Plan recommends that the City paint green all existing bike lanes within City boundaries, in order to enhance bicycle safety and raise driver awareness of bicycle facilities; and WHEREAS, on March 9,2016, the Mayor and City Commission authorized Amendment No. 1 to the Agreement, and increased the total contract sum to a not-to-exceed amount of $886,000, for the painting of the following additional bike lanes throughout the City: o Alton Road, from South Pointe Drive to Sth Street, including South Pointe Drive from Alton Road to Ocean Drive . Prairie Avenue from 28th Street to 44th Street o Royal Palm Avenue trom 42nd Street to 47th Street . 47tn Street from Pine Tree Drive to Alton Road; and WHEREAS, although authorized as part of Amendment No. 1, the segment along Prairie Avenue from 28th Street to 34th Street was deferred due to imminent roadway construction occurring in the Central Bayshore South neighborhood as part of an ongoing Capital lmprovement Project; and WHEREAS, in order to protect the public safety of the City's residents and visitors, and especially the City's cyclists, the City desires to paint and stripe bicycle lanes on additional streets as quickly as possible, including the following streets: $122,980; . Ocean Drive from 5th Street to South Pointe Drive, in the estimated amount of 3 . The portions of the Venetian Causeway within the City's boundaries, from east end of San Marco lsland to the east end of the Venetian Causeway just west of Purdy Avenue, in the estimated amount of $383,409; and WHEREAS, in the proposed Amendment No. 2, the Administration is also seeking retroactive approval for the painting and striping of two segments for the amount of .$266,688 (namely, Dickens Avenue from 71't-street to 79rh Street, and Byron Avenue from 82nd Street to 87th Terrace), as these two segments are in close proximity to schools and were assigned to the Contractor this past summer in order to expedite completion prior to the beginning of the school year; and WHEREAS, the City's Transportation Department has determined that the $6.50 per square foot price quoted by the Contractor for all of its work is a reasonable price to paint and stripe dedicated bicycle lanes on the additional streets specified herein; and WHEREAS, as the total estimated value of the work for the aforementioned streets is 9773,077, the Administration recommends increasing the total contract value from $886,000 to $1,700,000; and WHEREAS, Atlantic Paving was the lowest, responsible, and responsive bidder to the tTB and has performed the bulk of all dedicated bicycle lane painting across Miami-Dade County; and WHEREAS, due to the fact that Amendment No. 2 will greatly expand the scope of the Agreement, the City Commission is required to waive, by 5/7ths vote, the City's competitive bidding requirement, in order to approve the Amendment; and WHEREAS, because of the urgent need to protect cyclists traveling along the City's streets, the City Manager recommends that the City Commission waive the City' s competitive bidding requirement. NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND THE CITY COMMTSSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby accept the City Manager's recommendation and waiving, by 5/7th vote, the City's competitive bidding requirement finding such waiver to be in the best interest of the City, and approving and authorizing the Mayor and City Clerk to execute Amendment No.2 to the City's Agreement with Atlantic Paving Co., lnc. for the painting and striping of dedicated bicycle lanes across the City, pursuant to lnvitation to Bid (lTB) No. 2016-002-KB, with a total contract sum in an amount not to exceed $1,700,000. PASSED AND ADOPTED this - day of November, 2016. ATTEST: Philip Levine, Mayor APPNOVEDASlO FORM & 1ANGUAGE IFOB 9GCT'TIONRafael E. Granado, City Clerk T:\AGENDA\20'16\November\Transportation\Amendment No 2 Green Bike lanes- RESO'docx Cryfmrry p.nl 4 AMENDMENT NO. 2TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLCIRIDA AND ATLANTIC PAVING CO., INC FOR THE PAINTING AND STRIPING OF DEDICATED BICYCLE LANES This Amendment No. 2 (Amendment) to the Agreernent is entered into this - day of , 2016 (Effective Date), by and between the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and Atlantic Paving Co., lnc., a Florida Corporation, having its principal place of business at 8309 NIW 70 Street, Miarni, FL 33166 (Contractor), and hereby amends the Agreement as follows: REGITALS WHEREAS, on Octob er 2,2A15, the Procurement Department issued lnvitation to Bid No. 2016-002-KB for Painting And Striping Of Dedicated Bicycle Lanes (the "lTB"), a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, on October 14, 2015, the City Commission approved the award of contract to Atlantic Paving Co., lnc., to paint and striped dedicated bicycle lanes for 16 Street, from Washington Avenue to Alton Road, which services include furnishing of all supervision, labor, materials, tools, equipment and performing all operations required to construct the work in accordance with the ITB (the "Agreement"); and WHEREAS, the Agreement stipulated a contract sum for the project of $130,986.00, which calculates to $6.50 per sq. ft.; and WHEREAS, the Agreement, pursuant to Section 0200, "lnstructions to Bidders," subsection 73. "Additional Services," allows for services to be added to the Agreement; and WHEREAS, on March 9, 2016, the Mayor and City Commission adopted Resolution No. 2016-29312, waiving by 5l7th vote the competitive bidding requirement, finding such waiver to be in the best interest of the City, and approving Amendment No. 1 to the Agreement, which increased the contract sum to an amount not-to-exceed $886,000 for painting and striping of specified additional locations; and WHEREAS, on November 9, 2016, the Mayor and City Commission adopted ResolutionNo.-,waivingby5t7|hvotethecompetitivebiddingrequirement, finding such waiver to be in the best interest of the City, and approving Amendment No. 2 to the Agreement; said Amendment increasing the scope of the work to include additional bike lane locations specified below, and increasing the total contract sum to a not-to-exceed amount of $1,700,000; and WHEREAS, City staff has determined that $6.50 per sq. ft. is a reasonable price for the Additional Services required; and 5 WHEREAS, the painting and striping of dedicated bicycle lanes included in the original scope of work and the Additional Services, as approved by Amendment No. 1 and this Amendment No. 2, shall be referred to herein as the "Bundled Bike Lanes Project." NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Contractor hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment No. 2. 2. MODIFICATIONS. The Agreement is hereby modified as follows: a. The Agreement is hereby amended to include, as Additional Services, the painting and striping of the following locations, for an additional cost not to exceed $77 3,077, including: ffi, :Jr:,:i""xT :i r:.',;::s i:aff ?;,n" east end of the causeway, west of Purdy Avenue ($383,409); and ii l treet to 79th street, and Byron Avenue, from 82nd Street to 87th Terrace (collectively, $266,688). b. The original scope of work and the Additional Services, as approved by Amendment No. 1 and this Amendment No. 2, shall be referred to herein as the "Bundled Bike Lanes Project." c. The time for completion of the Agreement is hereby extended through and including the date of work required pursuant to the Bundled Bike Lanes Project is completed by the Contractor and accepted by the City. 3. RATIFICAT!ON. except as amended herein and in Amendment No. 1, all other terms and conditions of the Agreement, shall remain unchanged and in full force and effect. ln the event there is a conflict between the provisions of this Amendment No. 2 and the Agreement, the provisions of this Amendment No. 2 shall govern. lN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed by their appropriate officials, as of the date first entered above. Page2 of 4 6 FOR GITY: ATTEST: Rafael E. Granado, Gity Clerk Date CITY OF MIAMI BEACH, FLORIDA Philip Levine, Mayor Date By: -) ,8[iffiRffi3, EFOts DGCUTTONfuu Page 3 of4 7 FOR CONSULTANT: ATTEST: ATLANTIC PAV!NG CO., INC. President Print Name By: Secretary Print Name Page 4 of4 8 Resolutions - G7 M MIAAAI BEACH COMTfl SS ION ME II'IORAN DU M TO: Honorable Mayor and Members of the City Commission FROM: CommissionerRickyAniola DATE: November 9,2016 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING SPECIAL EVENT FEE WAIVERS FOR THE SQUARE FOOTAGE FEE IN THE AMOUNT OF $2,487, AND THE TO-BE. DETERMINED LUMMUS PARK USER FEE, FOR THE BURGER KING BEACH RUN TO BE HELD ON DECEMBER 1 1,2016. ANALYSIS Please add this item to the consent agenda for the November 9,2016 Commission meeting. Legislative Tracking Commissioner Ricky Aniola ATTAGHMENTS: Description o Resolution Page 189 of913 9 the and RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING SPECIAL EVENT FEE WAIVERS FOR THE SQUARE FOOTAGE FEE IN THE AMOUNT OF $2487, AND THE TO.BE-DETERMINED LUMMUS PARK USER FEE, FOR THE BURGER KING BEACH RUN TO BE HELD ON DECEMBER 11,2016. WHEREAS, the Burger King (BK) Beach Run is an annual 5Kl10K race in the City of Miami Beach (City) which benefits the Burger King Mclamore Foundation; and WHEREAS, fundraising efforts for the BK Beach Run help to provide scholarships through Burger King Mclamore Foundation for local students in the Burger King Scholars program; WHEREAS, the BK Beach Run will take place in Lummus Park on December 1 1, 2016 from 6:00 a.m. to 11:00 a.m.; and WHEREAS, the City's Special Event Requirements and Guidelines authorize the City Manager to waive special event application and permit fees for non-profit applicants administratively and such fees, in the amount of $250 and $500, respectively, have been waived by the City Manager; and WHEREAS, the City Manager may also administratively waive vehicle access pass fees and such fees, in the amount of $1500 for 10 passes, have been waived; and WHEREAS, the square footage fee for the BK Beach Run is calculated to be $2487 and may be waived by the City Commission; and WHEREAS, the Lummus Park user fee is calculated as 25% of City services rendered and can only be accurately calculated after the event once staffing plans and services are finalized, and such fees can only be waived by the City Commission; and WHEREAS, the Lummus Park user fee for last year's BK Beach Run was $552.05; and WHEREAS, the Mayor and City Commission deem it in the best interest of the City to waive the $2487 square footage fee and the to-be-determined Lummus Park user fee for the 2016 BK Beach Run. 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 waive the square footage fee of $2487, and the to-be-determined Lummus Park user fee, for the 2016 Burger King Beach Run to be held on December 11,2016 in Lummus Park. PASSED AND ADOPTED this _ day of November, 2016. ATTEST: Rafael E. Granado, City Clerk TURN\RESOS\ 2016 BK BEACH RUN RESO.dOC APPROVED AS TO FORM & CityAttomey Philip Levine, Mayor 10 Agenda ltem Date ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND GIry COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE GODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERW," BY AMENDING ARTIGLE u, ENTITLED ,,USE OF PUBLIC pROpERTy," By AMENDTNG DlvlsloN 2, ENTITLED "REVOGABLE PERMIT;" BY CREAT|NG sEcroN 82- 96 THEREOF TO BE ENTITLED "COMMERCIAL OUTDOOR FEE BASED ACTIVITY PERMIT, BY ESTABLISHING SUBSECTTONS THAT ARE ENTITLED ..GOMMERCIAL OUTDOOR FEE BASED ACTIVITY," "PERMIT APPLICATION; SUBMITTAL AND QUALIFICATIONS," "CRITERIA FOR APPLICAT!ON REVIEW; APPROVAL OR DENIAL," "PERMIT APPLICATTON; |SSUANCE,,' "PERMIT; REQUIRED," "GENERAL PROVISIONS," "PERMIT FEES AND OTHER CHARGES," "SUSPENSION/REVOCATION; PERMTTTEE CANCELATION," "PENALTIES AND ENFORCEMENT;" PROVIDING FOR REPEALER, SEVERABIL!TY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, within the last few years, the awareness and pursuit of healthier and more active lifestyles has proven to become progressively popular and the number of private fitness instructors, yoga instructors, and similar fitness related activities has increased in numbers, many of which utilize City owned facilities, parks and beaches to conduct their classes and boot camps; and WHEREAS, City Code, as currently written, does not allow for any commercial use of for-profit business ventures to be permitted on City property without City authorization; and WHEREAS, there is a need to legitimize these private instructors as their activities, especially if done incorrectly, could impact the safety of the participant, persons nearby and expose the City to unnecessary liability; and WHEREAS, the Administration is recommending creating a commercial use permit for any commercial outdoor fee-based activity at City facilities, parks and beaches, and enforcing this by amending Chapter 82 of the Code of the City of Miami Beach, Division 2, by creating section 82-96; and WHEREAS, the proposed permit would be offered to Miami Beach Based Businesses on a first come, first served basis and would be limited to a specified number of permits per location and permits would be issued on an annual basis, based on the City's fiscal year; and WHEREAS, at the May 13, 2016 Neighborhoods and Community Affairs Committee meeting, the Committee directed staff to make some changes to the proposal; including prohibiting the use of pavilions and to reassess the approved park list and directed administration to take to the full commission once the discussed changes were made. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY GOMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA, AS FOLLOWS: Rsrv 11 SECTION 1. That Chapter 82 entitled "Public Property," Article lll entitled "Use of Public Property," Division 2 entitled "Revocable Permit," of the Code of the City Miami Beach is hereby amended to create Section 82-96 "Commercial Outdoor Fee Based Activity Permit, and by establishing subsections therein that are entitled "Commercial Outdoor Fee Based Activity," "Permit Application; Submittal and Qualifications," "Criteria for Application Review; Approval or Denial," "Permit Application; lssuance," "Permit; Required," "General Provisions," "Permit Fees and Other Charges," "Suspension/Revocation; Permittee Cancelation," "Penalties and Enforcement;" as follows: Chapter 82 PUBLIC PROPERry ARTICLE III. USE O'""'t PROPERTY *** DIVISION 2. REVOCABLE PERMIT Sec. 82-96. Commercial Outdoor Fee Based Activitv Permit. G) Commercral Oufdoor Fee Eased Actlvffy: An activitv where five or more individuals are enqaqed in an orqanized oroup that is offered bv an individual or business entitv for which a pavment or fee is made. directlv or indirectlv, for the riqht of a person to participate or attend the Commercial Outdoor Fee Based Activitv (" COFA Activitv") on Public Propertv. (1) A COFA Activitv mav include. but is not expresslv limited to. clinics. exercise or phvsical trainino proqram(s). ouided class(es) in aerobics: voqa or tai chi. self- defense or martial arts class(es), personal improvement instruction. phvsical education prooram(s), Zumba class(es), boot camp(s). circuit trainino. cross traininq. and art classes or anv other class, camp. quided activitv, prooram or related service as determined bv the Parks and Recreation Director. A COFA Activitv will require a permit. if anv portion of a commercial transaction. activitv or operation takes place, either directlv or indirectlv. upon the public propertv as identified within Section 82-1. (2 lt shall be unlawful for anv COFA Activitv to be orqanized, or offered at a Citv park or other public propertv for which a pavment, fee or other consideration is expected to be made. without a permit issued bv the Miami Beach Parks and Recreation Department (the "Department"). @) Permit Application: Submittal and Qualifications. (]f Submffal. A person must submit an application for a COFA Activitv permit. in a form prescribed bv the Parks and Recreation Director. to the Parks and Recreation Department of the Citv. The failure to submit a completed and accurate permit application mav result in the reiection or denial of the application. The submission of the permit application acknowledoes the applicant's 12 acceptance of. and willinqness to. complv with those Rules and Reoulations set forth bv the Department and the permit. (4 Qualfficafions. An applicant must be at least 18 vears of aqe, and must present a valid picture identification that is issued bv a oovernmental entitv of the United States of America. The applicant must demonstrate the abilitv to complv with those Rules and Requlations established bv the Department reqardino the COFA Activitv. The applicant must obtain a Miami Beach Business Tax Receipt (BTR), complete the appropriate backoround check throuoh the Citv of Miami Beach Human Resources Department (at the applicant's sole expense), and submit copv of anv other documentation required bv the Department before enqaoino in the COFA Activitv. (3) lnsurance. General liabilitv coveraqe of not less than $1,000.000 is required bv the Applicant. lt shall include the Citv of Miami Beach as an additional insured, and shall contain a waiver of subroqation endorsement. All of the Permittee's certificates shall contain endorsements providino that written notice shall be qiven to the Citv at least thirtv (30) davs prior to termination. cancellation or reduction in coveraoe in the policv. {9) Criteria for Application Review: Approval or Denial. (]f The Department will evaluate the application pursuant to those requirements set forth within the terms of those Rules and Reoulations promuloated bv the Department. The Department will consider the followino criteria with respect to the proposed COFA Activitv: a. Whether the COFA Activitv would be a violation of federal or state law or would be a violation of the Citv's charter. ordinances. Department's Rules and Requlations. b. Whether the COFA Activitv is not qenerallv considered recreational in nature or not a common and customarv use of the Citv's Park.c. Whether it presents a substantial risk of havino a neqative impact on the public health. safetv or welfare. d. Whether it presents a substantial risk of havinq a neoative impact on the park. and other Citv-owned propertv or nearbv private propertv. e. Whether it presents a substantial risk of havino a neqative impact on the public's abilitv to access or use the park or other public propertv. L The COFA Activitv creates a potential for damaqe to the park. which exceeds the value of allowinq the COFA Activitv. lL The COFA Activitv will likelv cause a substantial nuisance to other park patrons. persons travelling on Citv streets or to residents or occupants of nearbv private propertv. (4 The Department mav denv anv Permit application based on a determination that the COFA Activitv will be detrimental or interfere with the public health. safetv and welfare of the citizens or participants. (3) The Department mav denv an application if the application contains false or misleadinq statements. or where the applicant has failed or refused to provide relevant information as required bv the Department's Rules and Requlations. 3 13 fi) The Department mav denv an application if a Permit for a COFA Activitv has been revoked durino the precedino vear. The applicant mav submit an explanation or evidence mitioatino the circumstances under which the prior Permit was revoked. or provide documentarv evidence that establishes that the permit was improperlv revoked. The acceptabilitv of such explanation or evidence shall be at the sole discretion of the Department, and does not create anv riqhts, title. or interest to such COFA Activitv permit. (Q lf the Department approves the Permit. the applicant shall be notified in writino. and must satisfv all prescribed conditions for the issuance of the Permit. The failure to formallv acknowledoe. in writino, the conditions of the permit mav result in the approval beinq withdrawn. $!) Permit Application: lssuance. (l) Parks and Recreation Department. The Department is responsible for reviewinq and approvino those applications for a COFA Activitv permit. and shall be responsible for administerino the Permits application process. includino compliance with those Permit conditions and the Rules and Reoulations for the Citv. (Q COFA Activitv Park and other Public Propertv. A Permit mav be obtained for a COFA Activitv in a oark or other public propertv to the extent provided for in the COFA Activitv application for permit consistent with those prohibitions set forth in Section 82-1 and the Department's Rules and Reoulations. The Permit mav contain appropriate restrictions for the use of the park or other public propertv. includino. maximum number of participants or attendees, the nature and extent of activities, available locations for use within the park. and other requirements. limitations or conditions prescribed in the Department's Rules and Requlations or the Permit. (!) A Permit. A revocable and nontransferable permit issued for one vear bv the Department that allows the Permittee a restricted, limited use of a park or other public propertv for a COFA Activitv upon pavment of the prescribed permit fee. !Q Permittee. An individual. oroanization. a non-profit or for-profit entitv or business who submits an application to, and obtains a permit from the Department. for the holdino of a COFA Activitv. The term "Permittee" includes emplovees, contractors and aqents retained bv or representinq the Permittee in obtaining or utilizino the Permit or conductinq a COFA Activitv. ts) Permit: Reauired. The Citv's parks and other public propertv are intended for a wide arrav of public uses. To the extent that a COFA Activitv is consistent with those uses allowed in such parks and is properlv requlated. the use of the Citv's parks and other public propertv mav be extended to allow, bv Permit. for a COFA Activitv. The followino applv to COFA Activitv to the extent and manner specified. 14 (lf Sales of Services in Parks. The Citv prohibits the sale of merchandise pursuant to Section 82-1, and a COFA Activitv permit will not authorize or permit such conduct at the Citv's parks or other public propertv. The Department will. throuqh the issue of a permit. authorize the sales of services in parks in the nature of a COFA Activitv conducted at a park, subiect to the requirements of the Department's Rules and Reoulations. and the terms and conditions contained in the issued Permit. (4 COFA Acfrvrtv Sfandards. The Department reserves the riqht. at anv time, to withdraw from availabilitv anv qiven park or public propertv location(s) within the Citv that mav have previouslv been available for a COFA Activitv. A COFA Activitv permit mav be restricted to specific davs. times, or months and seasons. The number of COFA Activitv permits allowed at each Citv park will be reoulated based upon dailv, weekly or seasonal use: the number of participants or attendees allowed at anv one time: the tvpe of COFA Activitv allowed at a qiven COFA Activitv park: the extent of exclusivitv for use based on the tvpe of COFA Activitv allowed: the recurrence of a oiven COFA Activitv at a specific park or other nearbv parks; the locations for use of COFA Activitv within Citv Parks: Tvoe of equipment used for COFA Activitv activities: and other requirements. limitations and conditions desioned to protect the park in order to ensure that other park patrons have reasonable access to and use of the park or other public propertv. All of the information described above for a specified Citv park and the applicable requirements, limitations and conditions will be reoularlv posted and updated on the Department's website on miamibeachfl.oov. and will be distributed to the public bv such other means as determined bv the Department Director or desiqnee. The above requirements, limitations and conditions as specified bv Department are referred to in the COFA Activitv Permit. (3) Avalable COFA Acfivffv Parks. A Permit for a COFA Activitv in a Citv oark or other public propertv mav onlv be obtained for specificallv desiqned parks and other public propertv as determined bv the Department Director or desionee. (4) Permf. A Permit issued for a COFA Activitv allows the Permittee the privileoe. not the rioht. of conductinq a COFA Activitv in a specified park or public propertv. The Permit does not orant anv oropertv riqht or anv protected rioht to operate a business and the Permit shall not be asserted aqainst the Department or the Citv of Miami Beach for the purpose of establishinq such a rioht. The oermittee is onlv authorized to conduct those services specified in the Permit - the sale of ooods, food or beveraqe are expresslv prohibited. A Permit is not assionable. The Permit must be in the possession of the Permittee at all times durino a COFA Activitv. (O No Warranfies. The Department and the Citv make no warranties or quarantees as to the suitabilitv or usabilitv of a park or public propertv for a COFA Activitv. The Permittee accepts the condition of a COFA Activitv park "as is, where is" without anv expectation that the Department or the Citv will take anv action to make the park more suitable or usable for the Permittee's COFA Activitv. The Department reserves the riqht to eliminate a park or public propertv from beino available for a COFA Activitv if the Department determines that circumstances or conditions warrant such elimination. 5 15 tfl General Provisions. (2 Priorlies. A Department or Citv-sponsored or Citv-conducted event(s). proqram(s) and class(es) have prioritv over all other requests for use of the Citv's parks or public propertv. includins anv COFA Activitv. lndividuals and entities that have contracted with the Citv for the reservation and use of a Citv park or public propertv. that have previouslv scheduled events to be held have prioritv over all Permit applications or COFA Activitv permits. This provision shall applv to those events that are permitted prior to, or subsequent to, a Permit beinq issued for a COFA Activitv. €) Compefifion. Unless expresslv authorized bv the Permit. a COFA Activitv shall not duplicate or directlv compete with existino proqrammino provided bv the Department or the Department's aoents or contractors where a COFA Activitv permit is issued or a Miami Beach recreational facilitv in or adiacent to the park or other public propertv where the COFA Activitv permit is issued. G) Supervrsion & Confrol. The Permittee will be responsible for the conduct and control of the participants and attendees, and must take all reasonable measures to assure compliance bv participants and attendees with all of the Citv's rules. requlations and ordinances. All children underthe aoe of 18 vears of aqe must be properlv and continuouslv supervised durinq a COFA Activitv. The Permittee is responsible for assurinq the followinq adult per child ratios are complied with: Aqes 3-5, one adult per five children: Aoes 6-17. one adult per 15 children. &) Rrqhf of Access. The Department's staff person shall have full access to all activities at the COFA Activitv. at anv time. in order to ensure that all Rules and Reoulations of the Permits are in compliance. {g) Permit fees and other charqes. (]-) The appropriate Permit fee of $200.00 for the vear, and application fee of $50.00 must be paid prior to the issuance of the Permit. Anv required charqes (unless said charoes are deferred for pavment at a later date) must be fullv paid prior to approval and issuance of the Permit. A receipt for pavment will be provided. Permit fees are not prorated. ft) S u sp e n si o n/ Rev oc ati o n : P e rm itte e C a n ce I I atio n. (ll Deparfmenf Reseryed Rrqhf to Suspend or Revoke. The Department reserves the riqht to suspend a COFA Activitv durinq a certain period of time, or to revoke a Permit at anv time due to unforeseen factors or events. includinq but not limited to, inclement weather. poor conditions at the public propertv. emerqencv repairs. closure of the park or the portion of the park. or use of the park for a Citv- sponsored or Citv-conducted event or individuals and entities that have contracted with the Citv for the reservation and use of Miami Beach Parks. The Department will notifv the Permittee of the suspension or revocation as earlv as possible. An alternative park will be offered to the Permittee, if possible. The Department shall not be liable to. or financial responsible for, the permittee for 16 the revocation or suspension of the COFA Activitv permit. The conductinq of a COFA Activitv or entrv upon or use of the park or other public propertv despite the Department's suspension or revocation. shall be qrounds for immediate revocation of the Permit. and the removal of the Permittee from the COFA Activitv proqram for a one vear period of time. (A Department Suspension or Revocation with Cause. lf a Permitlee fails to substantiallv adhere to the Department's Rules and Reoulations. the requirements of the COFA Activitv, or anv terms or conditions in the Permit. the Department reserves the riqht to suspend or revoke the Permit at anv time. at the discretion of the Department, and not refund the fees or charoes paid bv the Permittee and/or to impose restrictions or prohibitions on the Permittee as to anv future permittinq or use of park propertv, as the Department deems appropriate under the circumstances. The Department mav take such actions should a Permittee failto conduct the COFA Activitv at the park. (3) Cancel/afion bv Permrffee. All Permit cancellations bv the Permittee must be provided in writino to the Department. (!) Penalties and Enforcement. (a) The followinq warninqs and fines shall be imposed for a violation of this section: ('t) First Violation within a 12-month period: Warninq Notice advisinq of the infraction. and corrective action to be within twentv four (24) hours of the issuance of the Warnino Notice for all non-life safetv violations of this division. (2) Second violation within a twelve 12-month period... ... ... ... ... ... ... ... ... ...9100 (3) Third violation within the precedino twelve (12) months.......................9250 (4) Fourth violation within the precedinq twelve (12) months... ... ... ... ... ... ...9500 (5) Fifth violation within the precedino twelve (12) months - revocation of the permit for the remainder of the permit vear in addition to permittee beino prohibited from applvinq for a permit for a period of one (1) permit vear. O) No warnino notices shall be required orior to the issuance of life safetv violation(s), and such violations shall be corrected immediatelv. Life safetv violations are defined as those conditions which. in the reasonable determination and iudoment of the Citv Manaqer or desiqnee, involve serious danqer and/or risk to the public health. safetv or welfare (includino. without limitation. blockino pedestrian pathwavs and violations of park rules). A life safetv violation shall result in a fine of $1.000.00. (s) The Department. Code Enforcement Department or the Miami Beach Police Department shall enforce the provisions of this section. lf a Park Ranqer. Police Officer or a Code Compliance Officer finds a violation of this section. the Park Ranqer, Police Officer or the Code Compliance Officer shall issue a Notice of Violation to the violator as provided in Chapter 30 of the Code. as mav be amended from time to time. 17 The Notice of Violation shall inform the violator of the nature of the violation. amount of fine for which the violator is liable, instructions and due date for pavinq the fine, notice that the Violation mav be appealed bv requestino an administrative hearino within ten davs after service of the Notice of Violation, and that failure to appeal the violation within the ten (10) davs. shall constitute an admission of the violation and a waiver of the riqht to a hearinq. (g!) Riohts of violators; pavment of fine: riqht to appear: failure to pav civil fine or to aPPeal. (1) A violator who has been served with a Notice of Violation shall elect either to: a. Pav the civil fine in the manner indicated on the Notice of Violation. or b. Request an administrative hearinq before a special master to appeal the Notice of Violation within ten (10) davs of the issuance of the notice of violation. (2) The procedures for appeal bv administrative hearinq of the Notice of Violation shall be as set forth in sections 30-72 and 30-73. (3) lf the named violator. after issuance of the Notice of Violation, fails to pav the civil fine or fails to timelv request an administrative hearinq before a special master, the special master shall be informed of such failure bv report from the Park Ranqer. Code Compliance Officer or the Miami Beach Police Officer. Failure of the named violator to appeal the decision of the Park Ranoer, Code Compliance Officer or the Miami Beach Police Officer within the prescribed time period shall constitute a waiver of the violator's riqht to administrative hearinq before the special master, and be treated as an admission of the violation. and fines and penalties mav be assessed accordinqlv. (4) Anv partv aqqrieved bv a decision of a special master mav apoeal that decision to a court of competent iurisdiction. (5) The Special Master shall adiudicate a violation upon failure to request an administrative hearinq with ten (10) davs of the issuance of the Notice of Violation. and shall be prohibited from hearino the merits of the Notice of Violation or consideration of the timeliness of the request for an administrative hearino. The Special Master shall not have discretion to alter the penalties prescribed for life safetv violations issued pursuant to subsection (iXb) herein. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION3. SEVERABIL!ry. lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 18 SECTION 4. CODIF!CAT!ON. 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 a part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shalltake effect ten (10) days after adoption. PASSED and ADOPTED this day of ATTEST: Rafael E. Granado, City Clerk S+it<e*reugn denotes deleted lang uage Underline denotes new language (Sponsored by Commissioner Michael Grieco) 2016. Mayor Philip Levine 4Effi68BrrFORE(HiT'TION 19 THIS PAGE INTENTIONALLY LEFT BLANK 20 Agendaltern RiD Date ll-Q- lfa MIAMI BEACH City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO:Mayor Philip Levine and Members the City C mrssron The purpose of this memo is to provide background information regarding building elevations and street and sidewalk elevations in the conte)d of flooding and sea level rise. As the majority of the City was constructed prior to any recognition of sea level rise, buildings and streets were constructed without this consideration. As a result, many buildings within the City are located below the current minimum base flood elevation requirements established by FEMA; however this is not the case for all buildings. The following are deflnitions of basic terms used in this memo: Base Flood Elevation (BFE): The minimum required elevation of a habitable structure (eg residential living unit). This elevation is required to be at least 8.0 ft. NGVD (6.44 ft. NAVD) in the City of Miami Beach. North American Vertical Datum (NAVDSS):The vertical control used as a reference for establishing varying elevations within the floodplain. NAVD88 is the accepted vertical datum used nationally and is the primary vertical datum used in the City of Miami Beach. National Geodetic Vertical Datum (NGVD29): The vertical control used as a reference for establishing varying elevations within the floodplain. NGVD29 is still used in some cases due to continued reference in the Florida Building Code (FBC). ln order to reduce future impacts from flooding, the City has adopted a minimum street elevation standard of 5.26 feet NGVD (3.7 feet NAVD) for all future streets and sidewalks. (ln order to provide the equivalency datum for the more widely used NGVD, 1.56 is added to the NAVD numbers provided). ln general, the eastern areas of the City along the ocean are the higher areas, and already exceed this minimum standard The attached color coded map provides an overview of street elevations relative to this important base line minimum of 3.7 feet NAVD for the North Beach area, as an example. It should be noted that while the adopted minimum standard is 3.7 feet NAVD for all future streets and sidewalks, the adopted minimum elevation for all residential and commercial buildings is base flood elevation plus one (1') foot (BFE +1'). Commercial buildings do have some latitude to locate their first habitable floor below BFE+1, provided the structure meets minimum flood proofing, building design and interior height FROM: Jimmy L. Morales, City Manager DATE: November 9, 2016 SUBJECT: DISGUSSION: BUILDING AND S ELEVATIONS 21 Commission Memorandum Dlscussion: Building and Street Elevations November9,2016 Page 2 of 2 requirements. The street elevations are color coded as follows: o The red and brown areas indicate where the existing street elevations exceed 3.7 feet NAVD;o The oranqe areas indicate where the existing street elevations are 3 to 3.7 feet NAVD;o The green areas indicate where the existing street elevations are 2 to 3 feet NAVD;. The blue areas along Crespi Blvd (limited area), indicate where the elevations are less than 2 feet NAVD. Based upon this map, in the most extreme cases along Crespi Blvd, the raising of the streets and sidewalk approximately 1 .7 to 2.7 feet would be required in order to achieve the goal crown of road elevation of 3.7 feet NAVD. For the areas shown in green a more limited raising of the streets between 0.7 and 1.7 feet would be required to achieve the goal elevation of 3.7 feet NAVD. ln many instances, existing building elevations are located above the adjacent street and sidewalk elevations; however in some areas where the streets will be raised, the first floors of some older buildings may be below the higher street elevations. lndividual building elevation certificates provide the exact lot and building elevations for specific properties. The Florida Building Code requires that the habitable floors of all new residential construction be located at or above the minimum base flood elevation plus one foot. For the North Beach area this is typically an elevation of 6.44 feet NAVD plus one foot, or 7.44 teet NAVD. ln order to encourage even more resilient construction, changes to the measurement of building height were recently adopted which allow the first floor of a structure to be elevated as much as five feet above the minimum base flood elevation with no penalty to the buildings overall height. The attached diagram provides an illustration of the critical datum points referenced above, in section. Also attached for reference is tool created by our consultant AECOM for staff for two purposes. One is to easily reference vertical datum conversions. The other chart brings together the Southeast Florida Climate Compact Sea Level Rise projections (adopted by City Commission in 2016) with the elevation standards adopted by the city as well. JLM/SMT/TRM/MAB T:\AGENDA\2016\November\Planning\Discussion - street and Building Elevations - MEM.docx 22 BFE = 8/(6.4a) rrltrllltlrtlllllr 8.L7 rrtrlllrllllrlt'tltlt 6.61 'r.1.'t tttt "t"tttt 2.t6 Elevations Shown: NAVD 1929 Elevations Shown: NAVD 1988 23 BFE = 8/(6.44) rtrttltrltrrrrr 5.42lrlrlrttrtat tattr r r 3.86 Elevations Shown: NAVD L929 Elevations Shown: NAVD 1988 24 wE=al(6.44) rralllllllll 5.05 3.49 3.70 2.L4 rrtttltrllltl tll t ll Elevations Shown: NAVD 1929 Elevations Shown: NAVD 1988 25 Critical Datum Points in Section: EglEt ottsj=.IIt =o,tsa, ;EI0l il= =E tsat o, atal lll L ot =tf, SrE:I _lo E= .E= -1ts +- - -!n-Ar FreeEgardllHFE:fl M in Freebord (BFE +1) t-# - 8.44 Base Flood EEvdion!r.s' 3.7 M h. Future S[eet EbuafionI--- 1.0 Lowest street ehuatim All no,ted elevations are N.A.V.D. 26 Color Coded Map: Legend E p.ryarmaqrtur I iot|dhebh!., I ruUrrm:.x lsd eh!.lEns rn f*t Ni/D f..o I..r I.-z I..r C3..eu I.os I..r o 0.05 0.1 0.2 EiEFElg;55 N A 1,0 &,r ,M ffi,rul litl :,tL l T 43 &. 18;r il '% ffi 4&flrrtr 'h&Fk-.!10tr{[1,",'r du'- rJ [r stqlriaal '{.---i"-'. . .----r)( ir$ '? ,'#C# 1"*r-' ,f ilgw**M ffip a*flf.i;'ti6 ,, :[gl lhtgl *" **' '-* I r*1'- , 1 -: 'r[ ffirl 'r," , t ilrl=*W ;*swltw.ml*luut.Wl "l;;f,*#$ituusrtr r -'-=- l''t-*:.,1 'i' 'i.@r tr I lil frr{i 1..;ur.i,:, r'* il{ rt"i.-jl;fril l#*ll[,{,s,];trituqil $1:i;',ry ffiM&s s*r!: eEchl&ffimt@@tffiffi ffitd!, { li [B i*^'Mn ;,,#'lffWFl tl' I i * eu,wdhbr 1i . "&"& ":qAi {ffi]&LtfitJ mn g=ffi m 27 M'iltmmi Beach Vertieal Satmmu ffimmwmrsf;mns Two primary vertical datums are currently utilized in Miami Beach: NAVD88 (North American Vertical Datum of 1988) and NGVD2g (National Geodetic Vertical Datum of 1929). NAVD88 is the accepted vertical datum used nationally and is the primary vertical datum used by the City of Miami Beach. NGVD29 is still used in some cases due to continued reference in the Florida Building Code. The vertical elevation differences between the datums vary by geoSraphy. ln the City of Miami Beach NAVD&g ls 7,56 feet higher thon NGVD29. Dotum Conversion Source: NOMTide Gduge 8723214, Virginio Key. NAVD88 MSt NGVD29 Bav Datum 0.22 1.09 1.78To: Do This: i MSL NGVD Add 0.69 ft. MSL NAVD Subtract 0.87 ft. NGVD NAVD Subtract 1.56 ft. Bay Datum NAVD Subtract 2.34ft.NGVD2g -1.56 -0.69 0.00 0.78 MLW -1.86 -0.99 -0.30 0.48 ,.-5:) MLLW -L.97 -1.10 -O.4L 0.37 BayDatum 2.34 L.47 0.78 _ 0.00 Definitions and Abbreviations: . Bay Datum = previous City datum o NGVD = National Geodetic Vertical Datum o MHHW = Mean Higher High Water o MHW = Mean High Water o NAVD = North American Vertical Datum o MSL = Mean Sea Level o MLW = Mean Low Water o MLLW = Mean Lower Low Water August 2016 Miami Minimum Elevotions by City Ordinonce . Base Flood Elev.: 8.0 ft. NGVD 6.44 ft. NAVD . Sea Wall: 7.26tt. NGVD 5.7 ft. NAVD . Crown of Road: 5.25 ft. NGVD 3.7 ft. NAVD Base Flood Elevation (BFE) is the City min. standard. Sea wall elevation is new (min.) top of wall elevation. Road crown elevation is new (min.) City road elevation. Page 1 of2 28 ffirmp$ementing Reslllence flm ilVtfimrrym$ ffimme h*I nfrastructu re F[a n mimg SE F[ Compact Guidance (20151 o 2030 (short term) - low risk projects with short design life.o 2060 (medium term) - moderate risk projects with design life < 50 years.o 2100 (long term) - high risk and critical infrastructure projects not easily replaceable with design life > 50 years MiamiBeach Guidance Asset tvo€ 1 r Short design lifeo Low sensitivity to flooding. High adaptive capacity. Not critical systemo Plan for 2030-2060 (middle curve) AssqLlype 2r Medium-long design lifeo Medium sensitivity to floodingo Moderate adaptive capacity. lmportant systemo Plan for 2060-2100 (middle curve) Assetltvpe 3 o LonB design life o High sensitivity to flooding. Low adaptive capacityo Critical system o Plan for 2060-2100 (high curve) Note: High Astronomical Tide, 1.2 feet NAVD, adopted by City Commission, Feb. 2014 for stormwater design. t([) 20to - lClsflOUId 20lo 20r ax, ro9 lod) mI, - - IOr9 DCC Mcdnfr -1015 U51CC trlh SE FL Rcal,onal Olmrtr C.rxnp.ct - $n ProFctbor l2o15l + 12ft i{AVD lHfhArtronomkdfide] Olttcrl lnfrrtrualr. lmli.l t.aatt ' qty Fr..bo.rd (mh.l ,.44ft. _7o e3otUI 5 Oty ErhFlood Erv. {mbr.l 6.tLft. of 3.. Wdl ln{n.l 5.7ft. sFf, tor Gndr lmh.l 5,0fL a oown ot Ro.d (mln l 3,7fL aE 2E 2rq' 2015 ilou rtn lntent of this document: This document is intended to summorize the common verticol dotums ond sLR reloted guidonce lor new copitol proiects bosed on the Unified SLR Projections published by the SE FL Reqionol Climote Compoct in 2015. This is not intended to be a design guide, but rdther to relote potential 'LR, tidol ond surqe flooding elevations to plonning offuture copitol projects. Page2ol2 29 THIS PAGE INTENTIONALLY LEFT BLANK 30 New Business and Commission Reouests - R9 W MIAAAI BEACH COMMISS ION ME II/ORAN D U M TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Kristen Rosen Gonzalez DATE: Novernber 9,2016 SUBJECT: DISCUSS THE REDEVELOPMENT OF REGAL SOUTH BEACH STADIUM 18 & IIUAX. ANALYSIS Please place on the November 9, 2016 Commission Meeting agenda, a discussion item regarding the potential sale and redevelopment of the Regal South Beach Stadium 18 & IMAX at1120 Lincoln Rd. This potential loss, if substantiated, would be detrimental to Lincoln Road. Legislative Tracking Commissioner Kriste n Rosen Gonzalez Page 885 of 913 31 THIS PAGE INTENTIONALLY LEFT BLANK 32