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RESOLUTION 88-19465 RESOLUTION NO: 88-19465 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH APPROVING AMENDMENT NO. 1 TO THE BEACHFRONT CONCESSION PLAN WHEREAS, the City Commission approved a Beachfront Concession Plan pursuant to Resolution No. 82-17152 approved October 6, 1982 ; and WHEREAS, said beachfront concession plan provides for the granting of occupational licenses to concessionaires to operate on the public beach only with the permission of the upland property owners and the City of Miami Beach; and WHEREAS, the construction of the Beachfront Park and Promenade (boardwalk) has channelled access to the beachfront at established crossovers; and WHEREAS, the City has determined that food and beverage concession operations in the area of the boardwalk will be more compatible with the surrounding environment when operated from chickees, shade structures and outdoor cafes than from mobile units; and WHEREAS, Amendment No. 1 to the Beachfront Concession Plan is attached hereto and made a part hereof; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Beachfront Concession Plan is approved and the Mayor and the City Clerk are hereby authorized to execute this Resolution No. 88-19465 signifying approval of Amendment No. 1 to the Beachfront Concession Plan. PASSED AND ADOPTED THIS 9th d• of Iv:. ember , 1988. 0 01.°''''2'711 Attest •R A624 CITY CLERK FORM APPROVED DATED: ` 9//'F DEPT Date <,2- ,L • HCM:ses ee, wee.. ==M��BE?`,,, FLORIDA 3 3 1 3 9 [4y . c.$1 i*iINCORP...RATED *i " VA CA TIONLANIS U. S. A. " OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 6737010 COMMISSION MEMORANDUM NO. (r 4648 DATE: December 9, 1988 TO: Mayor Alex Da• •d and Members of the City Corn, issi•r FROM: Rob W. Park s iA A i!City Manager V,' SUBJECT: AMENDMENT TO BE . HFRONT CONCESSION PLAN HISTORY: The City has operated a beachfront concession program under a Beachfront Concession Plan approved by City Commission on October 6, 1982 . This plan provided a basic framework under which beachfront concessions operated in compliance with the Management Agreement with the State of Florida, Department of Natural Resources. The plan (copy attached) provides in part as follows: "The Concessionaire operating on the Public Beach behind the upland owners property will be granted an occupational license only after they receive from the upland owner and the City of Miami Beach in writing, permission to offer said services to the public. " BACKGROUND: The construction of the Beachfront Park and Promenade (boardwalk) has channelled access to the beachfront to established crossovers and makes the provision of food and beverage concession services from established chickees and shade structures desirable. The proposed Amendment No. 1 to the Beachfront Concession Plan provides that beachfront concession services (food and beverage) will be provided only from Chickees, Shade Structures and Outdoor Cafes as contemplated in the City of Miami Beach Zoning Ordinance, Section 18.2 E. 3 , in the area of the Beachfront Park and Promenade. ADMINISTRATION RECOMMENDATION: The City Administration recommends that Amendment No. 1 to the Beachfront Concession Plan be approved. RWP:EJD:HCM: ses 49 "' 59 AGENDA ITEM e _ Li -'I . DATE 1 z-9-T3 BEACHFRONT CONCESSION PLAN AMENDMENT NO. 1 December 9, 1988 II. Public and Privately Operated Concessions One (1) additional paragraph is added following the fourth paragraph as follows: In the Dune Overlay District, the area of the Beachfront Park and Promenade (boardwalk) , the City of Miami Beach will grant permission for food and beverage beachfront concessions only when operated from Chickees, Shade Structures and Outdoor Cafes as contemplated in the City of Miami Beach Zoning Ordinance, Section 18.2 E. 3 . 61 eeo oreiute ,._ "�` E��;.., FLORIDA : y, 33139 * mt:- . . * �,� ��,= "V A CA TIONL A NU U. S. A.- %.5. iittoi OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 073-7010 COMMISSION MEMORANDUM NO. , (4 5-)-, S. . DATE: (rtnhi r f_ 1987 TO: Mayor Norman C • nt and Members of . : ity Commi 0 FROM: Rob W. Parki Manager �i1 ' i City iifi SUBJECT: BEACHFRONT CONCESSION PLAN I. Basic Administrative Policy The concept of a linear oceanfront park, as outlined in the 1979 Consultants Report for the City of Miami Beach's Recreation Master Plan, which links the "Sunshine" Pier area with North Shore Open Space Park is the backbone of the long range recreation plan for the City of Miami Beach and to date an untapped revenue resource. If the Beach is to be used prudently, recreational elements must be carefully selected, properly located and adequately controlled. The recommendations on the recreation use of the beachfront were developed based on an understanding of the City's obligation to the State of Florida through the recently signed Beach Management Agreement and a recognition of public and private recreational needs. The recommendations adhere to agreements set out in the Beach Management Contract and Beach Maintenance Contract and insure that impacts on the dune system are minimized while service to the public and revenue opportunities are maximized. General parameters surrounding the recreational use of the beachfront are as follows: a. Specific activities and facility locations are being recommended where they will place minimum demand on the the beachfront in terms of maintenance and operation costs. b. Recreational activities which require operating staff or regular mainten- ance, or ones which generate significant trash, will be clustered to minimize costs. c. The need to keep certain private recreation areas separate from public recreation areas is respected where appropriate. d. The degree to which an individual beachfront property owner links private facilities to the public parts of the beach is his choice as long as it conforms to the Management Plan for the beachfront and minimum standards of operations established by the City of Miami Beach. e. Vehicles will not be permitted on the beach except in the case of emergency vehicles and the ingress and egress for selected vendors. f. Beach activities are restricted to designated "activity" areas that will be identified by rules and regulations promulgated by the City Manager. Additional activities and special events will be encouraged. continued... 1i I." ri!I': , e. i ; 1 . , , , 62 COMMISSION MEMORANDUM PAGE TWO OCTOBER 6, 1982 I. Basic Administrative Policy (continued) g. Since City concession activites will be using facilities adjacent to private property, guidelines for such facilities and private property operations will be developed as part of the beachfront concession plan. All service standards and quality control will be contained in the various concession agreements developed by the City of Miami Beach. Private activities using public property will be required to adhere to these standards and quality control. h. Enabling legislation in Section 6 of the City Charter and Chapter 25-17 of the City Code set out the authority the City Commission has in developing recreational activities on public lands under the jurisdiction of the City of Miami Beach. i. Bid process - Section 6 of the City Charter mandates that a public bid process is required for the leasing of public lands. This would Include each park location and type of activity for each location. j. Licensing - Chapter 20 of the City Code will have to be amended to include the occupational licensing fee and criteria for the various activities proposed for the beachfront. II. Public and Privately Operated Concessions The City Administration is recommending that there be two concession procedures; A) those that serve the public on State-owned beachfront behind City-owned property and B) those services provided by private land owners to the public on State-owned property under the jurisdiction of the City of Miami Beach. This preserves for the land owners the right to select a vendor/concessionaire to service the area directly behind their property. All concessionaires will be required to obtain a City Occupational License and meet minimum criteria and operational standards for their respective concession. In the case of concessions operating on City-owned property, a flat fee and percentage of gross will be charged in lieu of the fees the concessionaire would be charged by upland property owners to operate the same concession activity. Concessionaires operating behind City owned property, in addition to having an occupational license, can operate only after having been selected through the mandated public Bid process of Section 6 of the City Charter and the signing of concession agreement which outlines the terms and conditions for operating said concession. The Concessionaire operating on the Public Beach behind the upland owners property will be granted an occupational license only after they receive from the upland owner and the City of Miami Beach in writing, permission to offer said services to the public. The City of Miami Beach by agreement with the State of Florida (Beachfront Management Agreement) is required to pay twenty-five (25%) percent of all gross revenues collected from all concessions operating on the public beachfront east of the hurricane dune. III. Types of ConcesssIons The beachfront park system has been thoroughly reviewed by the Administration. The specific areas and types of activities recommended are explained below and shown on the attached map. A. Food/Beverage This involves the sale of food and/or beverages from permanent or transportable locations in accordance with the provisions of the concession agreement granted. continued... CO "trvi IS IUi' MEETING 63 • l nn2 (1I r' (`r 1,'f,1\;:1f Orr,(;11 COMMISSION MEMORANDUM PAGE THREE OCTOBER 6, 1982 III. Types of Concesssions (continued) B. Beach Equipment Rental This involves the rental by hour/day of equipment such as beach chairs, umbrellas, rafts or other floatation devices in accordance with the provisions of the concession agreement granted. C. Water Recreational Equipment Rental/lease of special recreational equipment on the beach including surfboards, windsailing, catamarans, jet skis, etc., in accordance with the provisions of the concession agreement granted. IV. Location of Public Concession Areas And Permitted Concessions (See Map) V. City Ordinances Presently the City Code would prohibit two types of additional activities that the City Commission may wish to allow on the beachfront in a controlled situation. They are 1) the sale of beer in cups by City authorized food and beverage vendors from those park areas havingpermanent concession structures and 2) the establishing of certain designated points on the beachfront (west of hurricane dune) as picnic areas. In the concession agreement it will be the responsibility of the concessionaire to keep these designated areas clean and well maintained. ADMINISTRATION RECOMMENDATION: The Administration recommends that the Commission 1) adopt the beachfront concession plan as submitted with any and all of the additions as outlined in Section VI of the plan; 2) adopt Resolution authorizing City Manager to prepare and solicit Requests for Proposals for the beachfront concession operations; and 3) to evaluate Requests for Proposals and return to the City Commission with recommendations for the award of the contracts. RWP:RJG:SAY:WHH:gjg I I 64 ORIGINAL RESOLUTION NO.88-19465 (Approving amendment No. 1 to the Beach- front Concession Plan)