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R5E-Bicycle Rental Kiosk Advertising -FCWPC-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 bicycle rental kiosks as ()_art of the City Bike Sharing Program. Key Intended Outcome Supported: 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 trans_Q_ortation. Issue: Shall the City Commission approve the proposed amendment to the City Code allowing advertisin on bic cle rental kiosks of the Deco Bike Shared Sic cle Pro ram? Item Summary/Recommendation: The Administration recommends that the City Commission approve the proposed ordinance upon first reading and set a second reading and public hearing for July 18, 2012. 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 now serves as a viable transportation network. As part of the Agreement, the City currently permits 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 bicycle rental kiosks 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 by $288,000 in advertising revenue over the initial five (5) year term. Advisory Board Recommendation: IN/A Financial Information: Source of :Amount Funds: '1 $ OBPI 'Total $ Financial Impact Summary: Cit Clerk's Office Le islative Trackin : Richard Lorber, Planning Department or Gary Held, Legal .Department Director Assistant City Manager RL GH JGG T:\AGENDA\2012\6-6-12\Decobike Kiosk Advertising Jun 2012 sum.docx Ml MIB CH 357 Account ,Approved CityiManager JMG AGENDA ITEM ____;R_S_E __ DATE <0-0 ~ J2__ & MIAMI BEACH 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 'X~ June 6, 2012 U First Reading DATE: SUBJECT: Bicycle Rental Kiosk 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 BICYCLE RENTAL KIOSKS 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 upon first reading and set a second reading public hearing for July 18, 2012. BACKGROUND At the July 13, 2011 Commission meeting a discussion regarding DecoBike advertising was held. The item was referred to the Finance and Citywide Projects Committee to discuss a) determination of financial need to ensure program is successful; b) look at alternatives ·if advertising is not an option; c) bring back first reading ordinance at the September Commission Meeting; and d) conduct regional meetings. The proposal by Deco Bike to allow advertising on the kiosks was discussed at numerous committees and public meetings including the Miami Beach Visitor and Convention Authority (8/22/11), the Transportation and Parking Committee (9/12/11), the Ocean Drive Association (9/13/11 ), the Mayor's Blue Ribbon Bikeways Committee (9/22/11), and two specially advertised community workshops, one at City Hall on 9/7/11 and another at the North Shore Park Youth Center on 9/12/11. The Planning Department showed each group large images of the three options for size and scale of advertising panels on the existing Deco Bike kiosks. They explained that if a policy decision is made to permit advertising on the kiosks, it could be limited to locations in commercial districts. A majority of persons who spoke at these meetings were opposed to any type of advertising on the Deco Bike kiosks. The most common reasons stated were aesthetics and that it c9uld open a Pandora's Box of advertising in other locations in Miami Beach. Many people questioned whether it was premature to make this proposal since the bike 358 City Commission Memorandum Bicycle Rental Kiosk Advertising June 6, 2012 Page2 sharing program had only been in operation for 6 months at that time. Some individuals stated that the matter should be reconsidered after one year of operation and after the City audits the books to verify whether advertising revenue is necessary to make the program financially viable. At the April 18, 2012 Finance and Citywide Projects Committee meeting, the results of the Finance Department's analysis of DecoBike's financial statements were presented to the Committee, with the recommendation that advertising revenue would be needed in order to maintain the financial stability of the bike sharing program. The Committee recommended approving advertising for the bicycle rental kiosks, but limiting any increase in customer fees to $6 per hour. ANALYSIS Concession Agreement Review and Proposed Modifications DecoBike, LLC, entered into a concession agreement with the City dated July 15, 2009 in response to RFP 44-07108 for the delivery and operation of a self-service bicycle rental fleet for public use to be stationed in the public right of way. DecoBike began operation March 14, 2011, and currently operates a total of 83 stations with 850 bicycles. There are still 27 stations remaining to be implemented over the next 3 months. As of March 2012, there were 2,380 members. The DecoBike program has had a tremendously positive impact on the community. It has logged in excess of 815,000 rides and their bike fleet journeyed more than 2,444,000 miles. By utilizing DecoBike instead of an automobile for local trips, their members and visitors burned over 89,000,000 calories and reduced the city's C02 emissions footprint by 2,400,000 pounds. During the initial period of operations from January 2011 through December 2011 financial statements provided by DecoBike and compiled by their accountant, Douglas N. Rice, CPA,PA, reflected an operating loss of approximately $387,561. Their proposed operating budget for 2012 reflects increased ridership revenue and while the business still projects an operating loss it has been reduced to approximately $76,500. Revenues and ridership continue to increase; however, to maintain the equipment and provide the services that the public has come to expect, the business has a very high ratio of expense to revenue. The Administration met with Mr. Bonifacio Diaz, Chief Operating Officer and Mr. Ricardo Pierdant, President DecoBike, LLC. to review the current financial statements and contract terms of the existing concession agreement in the context of current operations. It is clear that, without intervention by the City through contract term modification or an additional revenue source, this program will not achieve a return of capital or modest profit to the operator or to the City over the long term. Over the past few months, the Administration has worked with Mr. Diaz to develop a revised pro-forma that would achieve a sustainable financial model which provides a return to the City, and return of capital along with a modest profit to DecoBike over a ten year period. The revised pro-forma and the terms of a proposed new ten-year term contract can· be found in Attachment A. In order to provide sufficient revenue to sustain the Deco Bike operation, it is proposed to allow 40 kiosks to display advertising. It is expected that 40 kiosks will generate annual net revenue of $211,200 per to the concessionaire after deducting City's share, $57,600 359 City Commission Memorandum Bicycle Rental Kiosk Advertising June 6, 2012 Page3 and a 50/50 split of the balance with the advertising company. If the Mayor and City Commission decides on a policy direction to allow advertising on Decobike kiosks, then the citywide ordinance prohibiting general advertising signs needs to be amended accordingly. · Advertising Ordinance Change 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 had previously been amended to permit directory sign kiosks, and in 2010, it was amended to permit advertising on the baskets of the bicycles included in the bicycle rental program. These amendments, and the currently proposed amendment adding the bicycle rental kiosks which are part of the City-sponsored bicycle rental program to the list of permitted 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. However, as the City Attorney's Office has advised in the past, in consultation with outside counsel, each exception to the general advertising ban adopted by the City places the ban further at risk of being challenged and possibly invalidated. It is a policy choice as to whether to allow a further exception in light of this opinion. The bicycle sharing program now serves as a viable transportation network integrating with the South Beach Local and Shared Car Program. This proposed ordinance would further amend Section 82-414 to extend this provision to the bicycle rental kiosks as part of the City sponsored bicycle sharing program. This amendment will allow the City to permit general advertising signs on the bicycle rental kiosks included in the City's bicycle rental and sharing program. In order to permit advertising to be placed on the bicycle rental kiosks, Section 82-414 of the City code must be amended as follows: Section 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 and bicycle rental kiosks as part of a city- sponsored bicycle rental and sharing program, with advertising thereon. Such signs, shelters, bicycles and bicycles rental kiosks shall be subject to all applicable permitting requirements and design reviews as provided for in the Land Development Regulations. 360 City Commission Memorandum Bicycle Rental Kiosk Advertising June 6, 2012 Page4 Conceptually, 40 advertisements on kiosks could be acceptable if located in strictly commercial corridors, not facing any residential areas, with the advertising content subject to specific review and approval by the City Manager or his designee. DecoBike advises that their advertising company requires a minimum size of 22"x 48" to generate the revenue included in the projections. The current agreement provides that the City reserves the right to impose such additional requirements for the installation and display of the Advertisements, at any time, at its sole option and discretion; provided that the City Manager or his designee shall provide the Concessionaire with written notice of such additional requirements. The permissible content of the advertisements shall not include firearms, alcohol or tobacco products, or be of a sexually offensive nature. Additionally, advertisements shall not promote unlawful or illegal goods, services or activities and shall not contain images or information that demean an individual or group of individuals on account of race, color, religion, national origin, ancestry, gender, age, disability or sexual orientation. 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 that approximately $288,000 in advertising revenue could accrue to the Cjty over the course of the initial five (5) year contract term. CONCLUSION The Administration recommends that the City Commission approve the proposed ordinance upon first reading and set a second reading and public hearing for July 18, 2012. T:\AGENDA\2012\6-6-12\Decobike Kiosk Advertising Jun 2012 mem rev2.doc 361 ORDINANCE NO. ___ _ 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 BICYCLE RENTAL KIOSKS 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 support the City's 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 bicycle rental kiosks 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 amend 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. 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 and bicycle rental kiosks as part of a city-sponsored bicycle rental and sharing program, with advertising thereon. Such signs, shelters, bicycles and bicycles rental kiosks shall be subject to all applicable permitting requirements and design reviews as provided for in the Land Development Regulations. 1 of 2 362 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 shatl 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----' 2012. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECU ION First Reading: Second Reading: Verified by: ________ _ rney 111- Richard G. Lorber, AICP, Acting Planning Director Underscore denotes new language Strikethrough denotes deleted language T:\AGENDA\2012\6-6-12\Decobike Kiosk Advertising Jun 2012 Ord.docx 2 of2 363 Attachment A Bicycle Rental Kiosk Advertising DecoBike Concession Agreement Review and Proposed Modifications DecoBike, LLC, entered into a concession agreement with the City dated July 15, 2009 in response to RFP 44-07108 for the delivery and operation of a self-service bicycle rental fleet for public use to be stationed in the public right of way. This agreement required the concessionaire to implement a program which would enable the public to self-rent bicycles from any of a number of locations and return them to another location on a 24 hour, 365 day a year basis. DecoBike began operation March 14, 2011, with 30 stations and 300 bicycles. Approximately 53 stations and an additional 550 bicycles were added over the year, increasing the total number of stations to 83 and bicycles to 850. There are still 27 stations remaining to be implemented over the next 3 months. In the first month of operation DecoBike enrolled 250 members and has steadily increased to a current total of 2,380 members. Monthly trips have steadily increased from 35,332 trips during March 2011 to over 125,000 trips during March of 2012. The DecoBike program has had a tremendously positive impact on the community. It has logged in excess of 815,000 rides and their bike fleet journeyed more than 2,444,000 miles. By utilizing DecoBike instead of an automobile for local trips, their members and visitors burned over 89,000,000 calories and reduced the city's C02 emissions footprint by 2,400,000 pounds. During the initial period of operations from January 2011 through December 2011 financial statements provided by DecoBike and compiled by their accountant, Douglas N. Rice, CPA,PA, reflected an operating loss of approximately $387,561. Their proposed operating budget for 2012 reflects increased ridership revenue and while the business still projects an operating loss it has been reduced to approximately $76,500. Revenues and ridership continue to increase; however, to maintain the equipment and provide the services that the public has come to expect, the business has a very high ratio of expense to revenue. It is clear that, without intervention by the City through contract term modification or an additional revenue source, this program will not achieve a return of capital or modest profit to the operator or to the City over the long term. The Administration met with Mr. Bonifacio Diaz, Chief Operating Officer and Mr. Ricardo Pierdant, President DecoBike, LLC. to review the contract terms of the existing concession agreement in the context of current operations. The goal of this process was to achieve a balance between the high quality public services provided, which continue to be a great amenity to our residents and visitors, and financial sustainability over the longer term. Over the past few months, the Administration has worked with Mr. Diaz to review a revised pro-forma using the terms of the current agreement over a prospective ten year term. (The agreement currently is for a five year term with one five year option at the discretion of the City.) 1 364 The pro-forma was based on current level of operation and revenues for walk-ups and memberships were projected to increase at a rate of 3.5% per year while expenditures were estimated to increase at a rate of 3% per year. The results reflected an annual loss between $81 ,000 and $125,000 and a cumulative loss over the ten year period of approximately $1,000,000. Additionally, the original projections did not provide sufficient funds for replacement and repair of bicycles. DecoBike has invested approximately $3,715,000 into the operation and the projections neither provided a return of invested capital nor a profit to the operator over the ten year term. Staff reviewed a number of alternatives, comprised of: • Using various rates for the City concession revenues; • Using various rates for the City share of advertising revenues; • Using various number of kiosks for advertising and implementing different numbers of kiosks in different years; • Exempting different revenues from the calculation of the City share of revenues, and • Providing different replacement cycles for bicycles and equipment. Following the review of these various alternatives, it was apparent that to achieve a sustainable financial model which provided a return to the City, and return of capital along with a modest profit to DecoBike over the ten year period the following terms are proposed. Contract term Rate increase City Revenue Share Begin a new ten year term retroactive to January 1, 2012. A ten year term will allow for the return of capital after a projected annual profit of 3% A rate increase from $5 an hour to $7 an hour is included in the projection. All other rates remain the same. Continue at 12% of Walk ups and Memberships gross revenues up to $3,000,000 of Annual Gross Revenues net of sales tax and merchant fees. Continue at 15% of Walk ups and Memberships gross revenues over $3,000,000 of Annual Gross Revenues net of sales tax and merchant fees. Increase the exemption from City share calculation from $1,000,000 to $1,500,000 during the first year of the new term. This exemption will decline at a rate of $250,000 per year to $0 in year seven of the revised term. This will allow the concessionaire to recoup approximately two thirds of his initial investment. 2 365 Advertising Exempt merchant fees along with sales tax from the City share calculation. In Year 2 of the revised teim, it is proposed to allow 40 kiosks to display advertising. It is expected that 40 kiosks will generate annual net revenue of $211,200 per to the concessionaire after deducting City's share, $57,600 and a 50/50 split of the balance with the advertising company. The City's actual rate of return is 27% of the kiosk net advertising revenues. Operator's Return on Capital On an annual basis, the concessionaire will be permitted a 3% profit (on initial capital investment). Any additional net income will be considered a return of capital. Equipment Replacement Windfall Provision Any additional investment of capital by the concessionaire will be subject to the approval of the City with capital recovery terms to be negotiated. Funds have been increased to provide for a 3-4 year replacement cycle Should the actual results of operations provide a return of the initial capital investment to the concessionaire prior to year ten of the revised term, the City will receive a 50% share of annual net income in excess of the concessionaire's 3% profit each year until the end of the contract. This return to the City will be capped at the sum of all the revenues exempted from the City share calculation which include the sum of annual Merchant Fees and the exempted revenues beginning in year 1 of the revised term and declining at the rate of $250,000 per year to $0 in year 7; as well as the revenues exempted during the first year of operation under the existing contract. Additionally, added to the cap will be the cumulative difference between the foregone revenue of $3500 per parking space per year (approximately 100 spaces) and the cumulative 12%/15% City revenue share on walk-ups and membership fees. 3 366 REVISED DECO BIKE PRO-FORMA I 10yrs Option J rate 0.12 DecoBike Profit 1,114,530 advertising kiosks 40 yr 2 advertising rate 0.12 (27% on net) Return of Capital 3,745,315 rev-cs/2 + expense 0 yr3 rebate -$1.SM declining to 0 in yr 7 DecoBike Total I 4,859,8451 Capital Return 10 yr10 increase 60 min to $7 and use actual membership City earnings 2,882,589 Bike repair/replace 3,439,164 '"'~-""-"'''"'"·""'""·'"''"-~''-""""".,.-~'~''""~"='·"-·"-'""'''""""''""-"'·"'"'~~...,~-,..,~,--···---~~ • ._,_~.-·-~·-'.·>-~""r~•·-~,..--_•.e•. --~-... _,,,.,.,,..,~.,....,.,,.,.. __ ,~,._.,,,. • .,., . .,_,_._~-~~'-""'~~ '·-'""'"""'""'""""-"' ,.,.,.,,_,.,..,_,.,,,~ .. .-. ,,., •. .,...,~,,..,.~,_,.,..,._,,.., .. ...,,.,...,. Period Year Revenue Walk-ups 1,821,313 1,885,059 1,951,036 2,019,322 2,089,999 2,163,149 2,238,859 2,317,219 2,398,321 2,482,263 Memberships 489,144 506,264 523,983 542,323 561,304 580,950 601,283 622,328 644,109 666,653 Advertising 60,000 541,800 558,054 574,796 592,039 609,801 628,095 646,938 666,346 686,336 5,564,204 Gross Revenue 2,370,457 2,933,123 3,033,073 3,136,441 3,243,342 3,353,899 3,468,236 3,586,484 3,708,776 3,835,252 14,716,436 Top Line Expenses Merchant Fees 119,566 123,751 128,082 132,565 137,205 142,007 146,977 152,122 157,446 1,355,244 w FLSalesTax 205,319 212,315 219,551 227,034 234,773 242,777 251,054 259,614 268,468 0) City Revenue Share 162,989 203~641 244,657 286,049 327,831 372,518 388,268 404,556 421,401 2,882,589 ....... Total Top Line 487,873 539,707 592,290 645,648 699,808 757,302 786,299 816,292 847,314 Bottom line expenses Labor 1,010,520 1,040,836 1,072,061 1,104,222 1,137,349 1,171,470 1,206,614 1,242,812 1,280,097 1,318,499 Leases 70,022 72,122 74,286 76,515 78,810 81,174 83,610 86,118 88,701 91,362 Utilities 22,800 23,484 24,189 24,914 25,662 26,431 27,224 28,041 28,882 29,749 Office Expenses 9,000 9,270 9,548 9,835 10,130 10,433 10,746 11,069 11,401 11,743 Supplies 24,000 24,720 25,462 26,225 27,012 27,823 28,657 29,517 30,402 31,315 Advertising 61,200 274,236 282,463 290,937 299,665 308,655 317,915 327,452 337,276 347,394 Freight 12,000 12,360 12,731 13,113 13,506 13,911 14,329 14,758 15,201 15,657 Communication 39,564 40,751 41,973 43,233 44,530 45,866 47,241 48,659 50,118 51,622 Insurance 36,000 37,080 38,192 39,338 40,518 41,734 42,986 44,275 45,604 46,972 Sub-contractors 38,400 39,552 40,739 41,961 43,220 44,516 45,852 47,227 48,644 50,103 Vehicles 45,996 47,376 48,797 50,261 51,769 53,322 54,922 56,569 58,266 60,014 Bike 300,000 309,000 318,270 327,818 337,653 347,782 358,216 368,962 380,031 391,432 3,439,164 Total Bottom line expenses 1,669,502 1,930,787 1,988,710 2,048,372 2,109,823 2,173,117 2,238,311 2,305,460 2,374,624 2,445,863 Total Expenses 2,021,637 2,418,660 2,528,417 2,640,662 2,755,471 2,872,926 2,995,613 3,091,759 3,190,916 3,293,177 Total Net Income ,:C/348;820 '514,463 5o4;656 495,779 487,871 480,973 .. 472,624 494,725 517,860 542,075 4,859,845 3% profit 111,453 111,453 111,453 111,453 111,453 111,453 111,453 111,453 111,453 111,453 1,114,530 return of capital 237,367 403,010 393,203 384,326 376,418 369,520 361,171 383,272 406,407 430,622 640,377 1,033,580 1,417,906 1,794,324 2,163,844 2,525,015 2,908,286 3,314,6941 3,745,3151 From: Eileen de Ia Cuesta Lorber. Richard Roque. Grlsette To: Cc: Subject: DecoBike feedback -MBVCA Date: Tuesday, August 30, 20111:36:02 PM Dear Richard, Below is a synopsis of the feedback from the MBVCA members from their Board meeting last Monday, August 22, 2011: • Do not want to see extremely large ads • Would like the City to be mindful of the location of the bike rack and if an ad is appropriate to the location • Suggested increasing the bike rental price in order to increase revenue, rather than selling ad space • Suggested reevaluating the locations, and if any unsuccessful spots were discovered, request that the City consider removing and restoring the parking .. • If ads are placed on Decobike stations, people might not look at the bikes anymore, because the ad is distracting. • They felt the ad placement went against many things that can't be changed within the City. • Ads are not art and do nothing to enhance or beautify the City. • The station on Chase Ave and 41st Street takes parking away from a nearby school and synagogue and placing ads on the station might be inappropriate for the location. The problem is also that while rental may not be successful, they may want to keep the station because is a good place for ads. • Felt it was a bit hypocritical that private business cannot place ads while the CMB can because they own the real estate. • There is concern over the ads, because if advertising is successful, it will be permanent regardless of how successful the bike station is. • They would prefer hotel guests to not have to look at an ad when looking out the window vs. palm trees, particularly for stations located in front of hotels • Increasing rates should be better than placing advertising; however, they understand that ad placement is the easy way out. If you have any questions, please feel free to contact us. Kind regards, Eileen de Ia Cuesta Assistant Director Miami Beach Visitor and Convention Authority (MBVCA) Tel: 305.673.7050/Fax: 305.673.7282 www.miamibeachvca.com Join us on Facebook! 368 City of Miami Beach Transportation & Parking Committee Monday, September 12, 2011 Minutes APPROVED: OCT 3R0 , 2011 -TPC **PLEASE NOTE: THE TIMES INCLUDED NEXT TO EACH ITEM IN PARENTHESIS, ARE PROVIDED AS AN INDEX TO INDICATE THE STARTING TIME OF EACH ITEM WHEN OBTAINING THE MP3 FILE OF THE MEETING** I. Call to Order (00: 12) M. Weithorn, called meeting to order at 3:31 p.m. II. Introduction of Committee Members (00:16) Introduction ofT & P Committee members and the public {sign-in sheet attached for reference). Ill. Minutes of July 11, 2011 Meeting (0 1 :21} Moved by JP Morgan, seconded by J. Asmundsson -all in favor, passed IV. Port of Miami Tunnel Project Update (04:00) Changes: Barging spoils off site -ran into environmental concerns and will need to truck off; maximizing off peak hours. Contractor presented PowerPoint Presentation (handout provided to committee); Luz Weinberg, Director of Communications and Frank Guaymier, Project Engineer. Tunnel Boring Machine (TBM) has been delivered, installed, and being assembled -will start boring at end of October. Hauling operations: Trucks go from spoil management area through Parrot Jungle Trail, west on McArthur Causeway, 95 South, Rickenbacker Causeway, into Virginia Key. Fully enclosed conveyor system that is connected to TBM, as it hauls out material, spoils are deposited into conveyor system all the way through, above McArthur to pedestrian walkway/crossway into spoil management area -concrete basin that lets material sit and holds 4000 cubic yards of material {few days of operations); materials then put onto trucks. Spoils are lime rock-DERM reviewing everything coming out, reviewing if any additives; Virginia Key needs approval from DERM before allowing disposal. No longer barging materials due to high risk involved; other cases, any minor spill, DERM would shut down and you can shutdown barge, but not conveyor. Main hauling will be done from 6p-7a (75%); minimal hauling 7a-6p {25%) -will minimize hauling based on special events. 369 Trucks: Averaging One (1) truck every ten (1 0) minutes. Drilling will last 16 months. V.' Byron-Carlyle Parking for Employees & Valet (27:34) APPROVED: OCT 3R0 , 2011 -TPC M. Weithorn stated two (2) issues: Valet Parking {not that many people) and Employee/ Actor parking. Max Sklar, Tourism & Cultural Development Director, stated City's contract with Stage Door, gives City right to provide valet at venue. City tried through City's valet operator: First Class Parking. First Class stated they are not getting revenue and by contract, they do not have to provide the service; contract allows Stage Door to Find their own valet operator. Southern Parking was contacted and City agreed to allow them to use spaces at 72"d Street lot for valet storage. S. Frances stated cost of rental for valet storage is ordained at $14.00 per space/per day. Valet companies are not contractually obligated to provide service if it is not feasible. Suggestion: Stage Door should contact City National Bank {private lot) for usage of lot. S. Frances suggested purchasing iPark device {in-car parking meter); feels this would be best option at $1 .00 per hour; only pay for time used. VI. Deco Bike Advertising,(51 :54) Richard Lorber, Acting Planning Director, presented several billboards -for demonstration purposes depicting size of advertising; Deco Bike presented proposal to City to add advertising to kiosks. City's Planning Department was asked to bring proposition to various groups of neighbors/businesses; Planning Department does not support proposal for advertisement. Within City of Miami Beach there is prohibition on general advertising -no billboards permitted; some exceptions: bus shelters, as means of financing construction by private company of bus shelter by city. Deco Bike was approved for advertisement on bicycle baskets, not on kiosks; approval of ad in any other location would require ordinance change. If plan goes forward, locations have been approved on limited stations by Planning Department. Jorge Gomez, Assistant City Manager, stated there about fifty (50) stations that could potentially have ads; none near residential, schools or park areas. Colby Reese, Deco Bike, stated advertisement is essential, as they are losing money for capital repayment; billboard .is actually a sticker that goes on kiosk to help program; other option if no advertising, would be modifying/reducing revenue share to City. Suggestion: Give program a year {only been running For 6 months). 2 370 APPROVED: OCT 3R0 , 2011 -TPC Patricia Walker, City's Chief Finance Officer, will be reviewing financial books for Deco Bike; update to be provided to committee once this takes place. VII. Memorial Day Weekend Update (01 :45:50) Hilda Fernandez, Assistant City Manager, participated in discussion via telephone conference. M. Weithorn stated there were questions for legal department-legally what can be done to close down streets/divert traffic during any event causing a safety or other harmless circumstance. Debora Turner, City Attorney, stated Administration has been working on chart of what can be done during these types of weekends; City Attorney's Office prepared memo that outlines the authorities that address what authority is under police power and identify major event periods {provide to committee). Hilda Fernandez stated options have been presented to Commission -traffic management and parking; ideas developed by staff which may merit consideration {handout provided to committee). Max Sklar added they are waiting for Commission to give direction on how to pursue; joint meeting to be scheduled. S. Wasserman stated options provided do not show ways to discourage people from coming. Debora Turner stated as long as plan is objective and applies across board based upon criteria {levels of traffic, etc.). Max Sklar added putting together triggers based on traffic volumes, occupancy, objective triggers, etc., measures will be implemented during peak times. Follow-up to be provided in November. VIII. Miami-Dade Transit (02: 12:54) Robert Pearsall introduced Ingrid Quallo -works at their Facilities office and a Miami Beach resident. Airport Flyer -grant money to start using in November; after getting input, looking at data, going ahead with extension {as in grant) to extend Airport Flyer to South Pointe Drive-Washington to South Pointe Drive. Option: 2-way on Washington, but how to turn around on South Pointe Drive; option which would save couple of minutes is to use Commerce {entire route is 2 way); handout provided to committee. Keep extension at 30 minutes; Miami lntermodal Center {MIC) will open in April (east of Airport) -all bus service will go to MIC (including Airport Flyer); will improve headway to 24-25 minutes. D. Fruit stated everyone likes the set schedule of this route. S. Diffenderfer asked for consideration in using West Avenue, serve residents instead of going up/down Washington which is slow. 3 371 City of Miami Beach Mayor's Blue Ribbon Bikeways Committee Wednesday, September 21, 2011 ATTENDEES Members: City of Miami Beach Staff: Guests: Fred Sake, Chair Harvey Bernstein J ae Manzella Gabrielle Redfern Darlene Fernandez, Transportation Coordinator Xavier Falconi, Planning & Zoning Department Officer Javier Castillo, Police Department Ken Burskey, Bike Blogger Sanhita Lahid, Atkins Eng. ISSUES UPDATES. ALTON RD., FROM SST. TO MICHIGAN AV. BEACHWALK II DECO BIKE RENTAL PROGRAM CIP LIST Meeting Commenced at 2:05pm DISCUSSIONS ··~ . , ... . . ; : c.e:•; ·,, .. : .. •·. ·. •· GR: Reminded the group of recent MB Commission meeting controversy regarding inclusion of bike lanes. A couple of Commissioners are adamantly against them; and the project was sent the Neighborhood Review Committee (again) for further scrutiny. JM: Ms. Redfern took a bold stance for cyclists, as did the FOOT Project Mgr. Ultimately, it is his decision whether to include bike lanes. There is plenty of evidence to support them. GR: Noted that Commissioners were also upset by the amount of parking spaces being lost. JM: Many would be lost by newer design standards, with/without bike lanes. The sidewalks. will be widened, so shop owners should be pleased. It should be considered a compromise. GR: Perhaps shifting the lanes towards the east and placing a two-directional bike path on the western side would please everyone. She suggested this to the FOOT District Secretary. JM: Besides being an engineering nightmare, that design is unconventional in the USA. There are far too many intersections (and driveways) to place a path along this corridor. It wouldn't be prudent to fight against a good design which the FOOT has already endorsed. Paths generally do not accommodate the transportation needs of cyclists. DF: The Parking Dept. is against bike lanes as well. DF: There has been no progress for several months. GR: The vendor is petitioning the Co111111ission for more advertizing rights. JM: Questioned whether there is a threat against program sustainability, or is this a way to meet an inflated profit margin goal. FS: There will be an expansion of the contract, with reviews/audits as necessary. XF: This issue should be resolved by the end of the year. DF: Brought a new list of pending projects. Chair: None of the project listings have an estimated completion date. DF: The PW Dept. has taken out all bike lane designs in the Bayshore neighborhood, and replaced them with sharrows. This includes the proposed multi-use path along 28 111 St., adjacent to the Par3 golf course. It would not be compatible with the golf course. JM: Protested that the golf course has trees along the entire way to buffer a path. GR: The Bayshore Neighborhood group is opposed to taking swale to provide room for the proposed bike lanes. This serves as bad precedent, if the bike lanes are removed from the designs, other neighborhoods will attempt to do so. JM: Reiterated concerns to tear-up swale and add asphalt to include bike lanes along low- volume/low-speed roadways. The benefit does not justify the cost. Shan·ows serve the same purpose in this circumstance. Alas, most of the group wants bike lanes everywhere. · GR: Bike limes provide large benefits; they are safer, promote cycling and awareness. JM: Unfortunately, many cyclists in this town ride on the sidewalks (even when bike lanes are present); which is dangerous at every intersection (and driveway). FS: CIP staff should provide an update to the Committee. C:\Documents and Settmgs\FINA WaiP\Local Settings\Temporary Internet Files\Content.Outlook\2UA2SE 11\Bikeway Comm Minutes.doc 372