2010-3674 OrdinanceORDINANCE NO. 2010-3674
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, BY AMENDING CHAPTER 82, "PUBLIC PROPERTY," ARTICLE IV,
"USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 6, "PROHIBITED SIGNS
OVER PUBLIC PROPERTY," SECTION 82-414 "PERMITTED SIGNS,
SHELTERS AND ADVERTISING IN PUBLIC RIGHTS-OF-WAY", TO PERMIT
ADVERTISING ON RENTAL BICYCLES AS PART OF A CITY BIKE SHARING
PROGRAM; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has determined that it is in the best interests of
the City to initiate a new bicycle rental and sharing program allowing the placement of
bicycles and bike sharing facilities in the public rights-of-way of the City; and
WHEREAS, the bicycles included in this program are proposed to include
advertising to generate revenue to support the cost of the bicycle sharing program, and
for other purposes; and
WHEREAS, it is necessary and appropriate to add a transportation mode such
as a bicycle sharing program to the section of the City Code granting authority for signs
associated with public facilities in the public rights-of-way.
WHEREAS, the City Commission finds that this amendment is necessary in
order to accomplish the above.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1.
That Section 82-414, "Permitted signs, shelters and advertising in public rights-of-way,"
of the Land Development Regulations of the Code of the City of Miami Beach, Florida is
hereby amended as follows:
Sec. 82-414. Permitted signs, shelters and advertising in public rights-of-way.
Notwithstanding any other prohibitions in this Code to the contrary, the city may place,
or contract to place, directory signs and bus shelters in the public rights-of-way, or
bicycles as part of aCity-sponsored bicycle rental and sharing program, with advertising
thereon. Such signs a+~d shelters and bicycles shall be subject to all applicable
permitting requirements and design reviews as provided for in the Land Development
Regulations.
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SECTION 2. CODIFICATION.
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.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this /~ day of ~, 201 .
MAYOR
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CITY LERK APPROVED A
First Reading: ,.~°
Second Read g: ~' --v`°
~Y ,Cit toi
Verified by:
Richard G. Lorber, AICP, Acting Planning Director
Underscore denotes new language
S~~et#re~~# denotes deleted language
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COMMISSION ITEM SUMMARY
Condensed Title:
Amendment of the City Code Chapter 82, "Public Property," Article IV, "Uses in Public Rights of
Way," Division 6, "Prohibited Signs Over Public Property," Section 82-414 "Permitted Signs,
Shelters and Advertising in Public Rights-of-way', to permit advertising on rental bicycles as part
of a City Bike Sharino Proaram.
Enhance mobility throughout the City.
Supporting Data (Surveys, Environmental Scan, etc.):
16.8 % of residential respondents indicated that they would be willing to use bicycles as
Issue:
Shall the City Commission approve the proposed amendment to the City Code allowing
advertisin on bic cle baskets of the Shared Bicycle Program?
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The Administration recommends that the City Commission approve the proposed ordinance on
second reading and final public hearing. The Land Use and Development Committee met on
February 25, 2010 and approved the item. The City executed a concession agreement with Deco
Bike, LLC, for a self service bicycle rental and sharing program with facilities located in
specifically designated public rights-of-way. The bicycle sharing program will serve as a viable
transportation network. As part of the Agreement, the City is permitting the concessionaire to
place limited advertising on the bicycle baskets (through a Bike Basket Sponsorship Program).
Section 138-73 of the City Code prohibits general advertising signs. This prohibition is an
important component of the City's regulations governing aesthetic considerations, and prevents
billboards and similar off-site advertisements from proliferating throughout the City. The City has
allowed limited advertising in the public right-of-way as a means of offsetting the costs associated
with providing needed public facilities such as bus shelters and benches (city-wide) and directory
signage (on Lincoln Road). This amendment will allow the City to permit general advertising
signs on the baskets of bicycles included in the City's bicycle rental and sharing program. In
accordance with Charter Section 5.02, the City shall consider the long term economic impact of
proposed legislative actions, the proposed Ordinance would have the potential to increase
revenues, as estimated by Deco Bike, by $825,000 in advertising revenue over the initial five (5)
year term.
Adopt the Resolution.
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Financial Information:
Source of Amount Account Approved
Funds:
1 $
OBPI Total $
Financial Im act Summa
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Saul Frances, Parking Department
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Department Director Assistant City Manager City Manager
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AGENDA ITEM ~_
DATE 3"/O~/~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager '"~
DATE: March 10, 2010 Second and Final Reading
SUBJECT: Bicycle Advertising
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 82, "PUBLIC PROPERTY,"
ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY," DIVISION 6,
"PROHIBITED SIGNS OVER PUBLIC PROPERTY," SECTION 82-414
"PERMITTED SIGNS, SHELTERS AND ADVERTISING IN PUBLIC RIGHTS-
OF-WAY", TO PERMIT ADVERTISING ON RENTAL BICYCLES AS PART
OF A CITY BIKE SHARING PROGRAM; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the proposed
ordinance on second and final reading and public hearing.
BACKGROUND AND ANALYSIS
At first reading on February 3, 2010, the Mayor and Commission's referred the item to
the Land Use and Development Committee. The Committee met on February 25, 2010,
and approved the item.
Pursuant to RFP No. 44-07/08, the City has executed a concession agreement with
Deco Bike, LLC, for a self service bicycle rental and sharing program with program
facilities located in specifically designated public rights-of-way. The bicycle sharing
program will serve as a viable transportation network integrating with the South Beach
Local and Shared Car Program. The RFP specifically requested projected revenues
related to both having and not having advertisements on the bicycles. As part of the
Agreement, the City is permitting the concessionaire to place limited advertising on the
bicycles in the program; specifically on the bicycle baskets (through a Bike Basket
Sponsorship Program). The Concession Agreement with Deco Bike provides for
revenue sharing with the City and the following is Deco Bike's projected revenues to the
City for the initial five (5) year term:
Projected Revenue City's Share
Short Term Rentals/Membership Subscriptions: $12,134,439 $1,461,308
Basket Advertising Sponsorship (25% to City): $ 3,300.000 $ 825.000
Total: $15,434,439 $2,166,308
City Commission Memorandum
Bicycle Advertising
March 10, 2010
2
Therefore, the City's revenue share is projected by the Concessionaire, Deco Bike, to be
a total of $1,146,308, for the short term rentals and membership subscription plus an
additional $825,000 from the Bike Basket (Advertisement) Sponsorship for a total of
$2,166,308.
Section 138-73 of the City Code prohibits general advertising signs, which are defined in
the code as "any sign which is not an accessory sign or which is not specifically limited
to a special purpose by these regulations." This prohibition is an important component
of the City's regulations governing aesthetic considerations, and prevents billboards and
similar off-site advertisements from proliferating throughout the City.
However, like many other cities throughout the world, the City of Miami Beach has
allowed limited advertising in the public right-of-way as a means of offsetting the costs
associated with providing needed public facilities such as bus shelters and benches
(city-wide) and directory signage (on Lincoln Road). An ordinance was adopted by the
City in 2001, codified at Section 82-414 in the City Code, in order to address these
facilities in the public right-of-way, affirming the City's authority to place such signs and
shelters in the public right-of-way with and supported by the associated advertising.
Section 82-414, and the proposed amendment adding the City-sponsored bicycles,
permitting advertising on facilities in the public right-of-way funded through the
advertising revenues, are generally legally recognized as a permitted exception to the
ban on general advertising, and thus do not detract from the ban.
This proposed ordinance would further amend Section 82-414 to extend this provision to
rental bicycles as part of the City sponsored bicycle sharing program. This amendment
will allow the City to permit general advertising signs on the baskets of bicycles included
in the City's bicycle rental and sharing program.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action and determined that the
proposed Ordinance would have the potential to increase the revenues available to the
City generated by any proposed bicycle sharing program. It is estimated by Deco Bike,
LLC, that approximately $825,000 in advertising revenue could accrue to the City over
the course of the initial five (5) year contract term.
CONCLUSION
The Administration recommends that the City Commission approve the ordinance upon
second and final reading and public hearing.
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THURSDAY, FEBRUARY 25, 2010 25tdE
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NOTICE I$ HEREBY given that second readings and public hearings will be held by the Mayor and City Commission
of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive,
Miami Beach, Florida, on Wednesday, March 10, 2010, to consider the following:
10:20a.m.
Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 82, "Public Property," Article IV,
"Uses In Public Rights-Of-Way," Division 6, "Prohibited Signs Over Public Property," Section 82-414 "Permitted Signs,
Shelters And Advertising In Public Rights-Of-Way", To Permit Advertising On Rental Bicycles As Part Of A City Bike
Sharing Program
Inquiries may be directed to the Parking Department at (305) 673-7275.
10:30 a.m.
Ordinance Amending Ordinance No. 1335, The Classified Employees' Leave Ordinance, By Amending The Provisions
For Accumulation And Paymeni gf Annual And Sick Leave For The Government Supervisors Association Of Florida
Opeiu, Local 100. {
.Inquiries may be directed to the Human Resources Department at (3051673-7520.
10:40 a.m.
Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 130, "Off-Street Parking," Article V,
"Parking Impact Fee Program,".Clarifyirig That This Is A Fee In-Lieu Of Providing Parking, And Permitting More Flexibility
In The Use Of Fees Collected By The City As Part Of This Program By Allowing Funds Collected By This Program To Be
Used For Alternative Transportation And Mobility Projects In Addition To Construction Of Parking Garages
Inquiries may be directed to the Planning Department (305) 673 7550.
11:00 a.m. `
Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 118, "Administration And Review
Procedures," Article 1, "In General," By Enacting A New Section 118-6, Entitled "Use Of, And Cost Recovery For,
Consultants For Applications For Development Approval," Requiring Applicants Required To Submit Traffic And Other
Technical Reports As Part Of Their Applications To Fund Report Preparation By Consultants Selected From A City-
Approved List, In Addition To Any Consultant Reports The Applicant Desires To Submit, And To Require Cost Recovery
For City's Use Of Consultants Needed To Review Reports Submitted With Such Applications
Inquiries may be directed to the Planning Department (305) 673-7550.
11:15 a.m.
Ordinance Amending Chapter 18 Of The Miami Beach City Code Entitled "businesses," By Amending Article Xv, Entitled
"Street Performers And Art Vendors" By Amending Section 18-901, Entitled "Definitions," By Expanding Geographical
Definitions And Areas Relating To Street Performers And Artist Vendors; By Amending Section 18-903, Entitled "Artist
i Vendor Certificate Required," By Amending The Provisions Regarding Fees, Certificate Requirements, Administrative
Rules, And The Procedures For The Processing Of Applications; By Amending Section 18-905, Entitled "Permit
~ Application," By Amending The Provisions Regarding Fees
Inquiries may be directed to the Code Compliance Department (305) 673-7555.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in
writing addressed to the City Commission, c/o the City Clerk, i 700 Convention Center Drive, 1st Floor, City Hall, Miami
Beach, Florida 33139. Copies of these ordinances are available for public inspection duffing normal business hours in
the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139 or via the
City's web site at www.miamibeachfl:gov. This meeting may be bontin~ed and under such circumstances additional
legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. 5tat., the City hereby advises the public that: if a person decides to appeal any
decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person
must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
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), (305)673-7218(iTY) five days in advance to initiate your request. TTY users may also
call 711 (Florida Relay Service). -
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