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HomeMy WebLinkAboutR-81-1072RESOLUTION NO. &' 81 - 1072 A RESOLUTION AUTHORIZING THE USE OF PUBLIC RIGHTS - OF -WAY IN AN AREA BOUNDED ON THE EAST BY BISCAYNE BOULEVARD, ON THE WEST BY RIVER DRIVE, ON THE NORTH BY 5TH STREET, AND ON THE SOUTH BY THE MIAMI RIVER, FOR A PERIOD COMMENCING DECEMBER 16, 1981, AND ENDING JANUARY 16, 1982, BY EXISTING RESTAURANTEURS, RESTRICTING SAID USE SOLELY FOR THE SERVING OF FOODS IN CONJUNCTION WITH AND CONSISTENT WITH THE OPERA- TION OF THE SUBJECT RESTAURANTS SUBJECT TO CONDITIONS ESTABLISHED BY THE CITY MANAGER, DEPARTMENT OF PUBLIC WORKS, AND THE CITY ATTORNEY, PROVIDING FOR A PUBLIC HEARING AT THE END OF THE TRIAL PERIOD, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENTS. WHEREAS, outdoor food services in the Core Area of downtown Miami during Downtown Art Wave 1981 was extremely well received by the public and the downtown business community; and WHEREAS, the Downtown Development Authority is interested in ways and means of improving the pedestrian ambiance along down- town streets; and WHEREAS, the Downtown Development Authority in conjunction with Metropolitan Dade County is conducting a study of Flagler Street Pedestrian Improvements; and WHEREAS, the Downtown - Miami Businessmen Association has expressed interest in allowing restaurants to provide outdoor food r"ne" services in the public rights -of -way for a period of tam - month; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Restauranteurs located in an area bounded on the East by Biscayne Boulevard, on the West by River Drive, on the North by 5th Street, and on the South by the Miami River are hereby authorized to use the public rights -of -way solely for the purpose of serving food in conjunction with and consistent with the operation of subject restaurants, subject to the following: CITY COMMISSION MEETING OF OEC 1 5 1981 8 1 1 U 7 `.• iI Bi1� ...............Anum ww.• N .o........ ..................� (1) Approval of all insurance and liability require- ments by the City's Isw a Manager; (2) Review of location by the planning and public works departments and permitting by the fire and police departments; (3) Agreements with property owners and lessees of properties adjacent to the licensed food service establishment should such cafes extend beyond the front footage of such food service establishment; (4) Agreement by the operator of the outdoor cafe to be responsible to maintaining the cleanliness of the public side- walk within fifty feet of the cafe; for a period commencing December 16, 1981, and ending January 16, 1982. Section 2. Further, at the end of one month trial period a public hearing will be held to review the operation of the out- door cafes. Section 3. The City Manager is hereby authorized to execute the necessary agreements to implement this resolution. PASSED AND ADOPTED this 15TH day of DECEMBER f 198 MAURICE A. FERRE MAURICE A. FERRE, MAYOR ST: ALPH G. ONGIE, CITY CLERK'/ PR"ARED AND APPROVED BY: RK A. VALENTINE SSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: _ ;.4a <7 �"4_,o GEORGE F. KNOX, JR. CITY ATTORNEY -2- 81.1072.- CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO. Distribution Below FROM J ep�SV, McManus ting Director Planning Department GATE: FILE: December 14, 1981 SUBJECT Proposed Food Table Service on Public Sidewalks - 30-day Trial Period. Dec. 1981 - REFERENCES: Jan. 1982 Downtown Miami ENCLOSURES: At the City Commission meeting of December 15, 1981 the Downtown Development Authorit.r and Downtown Miami Business Association will propose" that limited food table ser- vice be permitted in Downtown Miami(prin- cipally Flagler Street) on public sidewalks for a 30-day trial period during December 1981 -January 1982. This memorandum cir- culates proposed administrative procedures and permit restrictions in the event that the Commission approves the trial program, and subject to the Manager's approval. In discussions with the Downtown Development Authority, Down- town Miami Business Association and the City Departments of Law, Public Works and Planning the following proposed adminis- trative procedures and restrictions were agreed upon, to im- plement a 30-day trial period for table food service on pub- lic sidewalks in Downtown Miami. Please respond by Tuesday, December 15, 1981 if your Depart- ment has further comments or restrictions; this memorandum will then be forwarded to the Manager for his approval. Procedure 1. A e.cted Departments would inspect sites with Mr. Calleja (DMBA) 2. Approval by Risk Management (D. Stewart) of insurance, with City as Co-insured with individual establishment. 3. Issuance of permit by Police Department (Sgt. Bach) using these restrictions for individual establishments. Restrictions 1. Permits are to be issued only to operating restaurants who wish to provide table food service on the sidewalk in front of their establishments. 2. Permits are restricted to the frontage of the establishment unless written permission is obtained from affected busi- nesses/property owners of the immediately adjacent frontage. 81 -107;� Page 2 December 14, 1981 3. Permits will not be issued where the table food service operations will interfere with bus -stops, taxi stands, or pedestrian cross -walks. 4. No table food Service will be permitted directly ad- jacent to counter service windows. 5. Tables for food service are to 2411x24" (maximum) with two chairs with table flush against the build- ing face. 6. Table placement at traffic islands shall only be approved subject to specific proposals. 7. The permit covers table food service during regular business hours - no later than 9:00 p.m. 8. All tables and chairs will be removed from the side- walk at the close of business - no later than 9:00 p.m. 9. The sidewalk area covered by the permit shall be main- tained in a neat and orderly appearance at all times; the area shall be cleared of all debris at close of business - no later than 9:00 p.m. 10. The permit covers only the public sidewalk; no per- mit will be issued for food table service on private property. JWM:mb Distribution: Kenneth Harms, Chief of Police Police Department Attention: Sergeant Bach, Licensing Donal Stewart Property Manager Risk Management Finance Department - 65 SW 1 Street Emilio Calleja, Downtown Miami Business Roy Kenzie, Executive Director DDA Jim Reid, Assistant City Manager Association S313 Donald W. Cather, Director Public Works Department Attention: George Campbell George F. Knox, Jr., City Attorney Law Department Attention: Mark Valentine, Assistant City Attorney Gerardo Salmon, Director Building and Zoning Inspection Dept. Attention: Laura Rowell, Chief Zoning Inspector ' w 81 - 107 2