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Home My WebLink AboutO-12221J-02-127 3/26/02 a � � c� 12<,2, 141 ORDINANCE NO. f AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54, ARTICLE IX, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "COCONUT GROVE SPECIAL EVENTS DISTRICT," TO REVISE THE DISTRICT'S PURPOSE, INTENT, SPECIAL EVENT APPLICATION REQUIREMENTS, AND USER FEE PROVISION AND TO CHANGE THE NAME OF THE COCONUT GROVE STANDING FESTIVAL COMMITTEE TO THE SPECIAL EVENTS AND MARKETING COMMITTEE, AND INCREASE THE FUNCTIONS AND COMPOSITION OF THE COMMITTEE; MORE PARTICULARLY BY AMENDING SECTIONS 54-341 THROUGH 54-343 TO SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 54, Article IX, of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:'/ "Chapter 54 STREETS AND SIDEWALKS 1� Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 1.222. ARTICLE IX. COCONUT GROVE SPECIAL EVENTS DISTRICT Sec. 54-341. Created, restrictions; application and approval required. (a) Boundaries of district. There is hereby created a special events district bounded on the north by Oak Avenue, on the south by the shoreline of Biscayne Bay, on the east by Mary Street and Kenneth Meyers Park, and on the west by McDonald Street, Commodore Plaza and Peacock Park, and expanding in a linear capacity along the public right-of-way portions of South Bayshore Drive from Mary Street to Aviation Avenue; Main Highway from Commodore Plaza to Franklin Avenue; and Pan American Drive from Biscayne Bay to South Bayshore Drive with the limitations set forth below in paragraph (b), such district to be known as the "Coconut Grove Special Events District." (b) Purpose and intent of District. To ensure that "special events" occurring within public parks, right-of-way and other public places located within the District boundaries take place in accordance with prescribed rules and regulations to safeguard public resources and interests of the community and are designed to encourage and market the District for development of business, commerce and tourism. (bc) Restrictions established. The following restrictions shall apply to the dDistrict, excluding Coconut Grove Convention Center permitted activities undertaken on Pan American Drive: (1) There shall only be two events per month. The term "event," for the purpose of this article, is hereby defined as an activity where any one of the following conditions occur within the Special Events District: a. Any selling of alcoholic beverages in the public rights-of-way, or in eCity parks, other than in lawfully permitted sidewalk cafes; b. Any pyrotechnics display; Page 2 of 11 c. Any temporary, partial use of, complete or partial obstruction of public streets or rights-of-way pursuant to Section 54-3 or Section 54-6 of the eCity Code connected with an activity satisfying the criteria set forth in the other subsections herein; d. Any parade or procession, other than funeral processions, of more than vehicles*, floats, bands or marching units; e. Any temporary vending or concession permit conducted in the public rights-of- way or parks pursuant to Sections 31-50 and 38-65 of the eCity Code; or f. Any use of mechanical rides or amusements. (2) Only one of the two events may involve street closures. (3) The two events shall not take place on successive weekends. (4) Any annual event held in the Coconut Grove area prior to the adoption of this section is exempt from the above restrictions; however, no more than 24 events per year, inclusive of those events exempted pursuant to subsection (bc)(1) herein shall be permitted. Further, if any of the preexisting events do not occur in a given year, for any reason other than an act of God, the event loses the exemption set forth in this section. (fid) Application for special events; approval required. Applications for special events in the District must be submitted to the Director of the Department of Off -Street Parking ("Director") with a Editor's Note - The City Attorney advised that this number has been left off since it is to be determined by the police department. Page 3 of 11 6) 0 copy to the City Neighborhood Enhancement Team Administrator ("NET Administrator") for the District who will coordinate and secure comments from other affected City departments and agencies. the eity --1 managfe 's designees The completed application shall be submitted annually at least 120 days, but not earlier than 189 360 days prior to the event. Provided, however, applications for events held in prior ,years shall be given preference for the same dates, week or weekend previously used. (1) Upon acceptance of a completed application by the Director for review, the Director shall schedule the application for the next available Coconut Grove Special Events and Marketing Committee ("Committee") meeting for review and recommendation in accordance with the provisions of this Article. (2) The applicant shall be responsible for making a full presentation regarding the proposed special event to the Committee. At a minimum the presentation to the Committee shall include a copy of the completed application along with a discussion and presentation of the matters described in (4)a. below. (3) The Committee retains the right to reject an application, including but not limited to, whenever the NET Administrator or other City department makes an adverse recommendation due to failure of the proposed application to provide the necessary safeguards -to the citizens and residents of the District and/or to District property/facilities. An applicant whose application has been rejected by the Committee, may make application to appeal the Committee's decision to the City Commission if filed within five days after the Committee's decision is issued. (4) At the time of application, each applicant is required at a minimum to submit the following information and documentation. Provided, however, additional information and documentation may be reauired as determined by Page 4 of 11 q E) �r the Director, NET Administrator or other Cit department. a. A completed application for the requested special event, including but not limited to, the Name of the Event; Proposed Location for the Event along with a site diagram reflecting location, parking, activities, security and emergency services; Proposed Parking Area and/or Arrangements with Parking Facilities for the Event; a Description of the Elements or Activities Planned for the Event; Estimated Audience (including counts from previous years if applicable); Anticipated Sponsors, Television, Radio, Internet coverage for the Event; Identification and a description of the financial resources of Producers, Owners and the Applicant for the Event; Name, Address and Contact Numbers for the Local Contact and Event Operator, if different; Event Setup and Teardown Dates; Event hours of operation; Event Staffing, employees and volunteers along with a description of their responsibilities in connection with the Event; and Tentative Production Schedule. (5) At the time of application, each applicant is required to notify by first class U.S. Mail, return receipt requested, all owners of property within 375 feet of the proposed event area. For purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls. In the case of condominiums, notice need only be sent to the condominium association. Applicant shall be solely responsible for complying with the foregoing notice requirement and at the time of application shall furnish an affidavit stating that the notice requirements of this section have been complied with and holding harmless the Department of Off -Street Parking ("DOSP") and the eCity, its officers and employees and shall indemnify DOSP the cCity, its officers Page 5 of 11 12221 and employees for any claims of damages, liability or injuries which may be occasioned in connection with, as a direct or indirect result of, or relating to the notice requirement of this section. The foregoing notice requirement may be combined by the applicant with other eCity Code required notices, as related to said event. (6) Prier tdates will begivenen a first eeme i; L= B t served bsilt a events that L, ave eeeurre in the Geee"Greve—errea f er five fiderepreeedin s. (ee) Waiver or modification of restrictions. The ecity eCommission has the authority to waive or modify any of the above restrictions. Sec. 54-342. Coconut Grove standing festival- Special Events and Marketing eCommittee. (a) Created. There is hereby created . and established the "Coconut Grove festival Special Events and Marketing eCommittee." Use of the term "Committee" in this section shall mean the Coconut Grove festival Special Events and Marketing eCommittee. (b) Function. The eCommittee is to serve as an instrument of advice and make recommendations to the ecity eCommission. The eCommittee shall make recommendations to the eCity eCommission concerning the expenditure of the Coconut Grove -&Special eEvents dDistrict fund; reports regarding approval of special event applications in the District; and address such other matters as may be requested by the eCity eCommission from time to time. (c) Composition; organization; terms of members; officers. The committee shall consist of five nine voting members: a-nd 1. one member shall be an officer of the Miami Convention and Visitors Bureau, designated by the Bureau; EuenFRbeef—tree eefamittee- h reside, ewn real prepel—e=—L have —his p��re-i�p l aee--e f b e 4g--± n t=he G t Greve area—e f tyre—eity and shall b e an Page 6 of 11 di-,oAdtral of eutstanding =eputaten fe-r- integrity, respensibility and--eemmitfaent to ser-,��±ng- the e_......_nity. `l 2. One member shall be the Executive Director of the Department of Off -Street Parking; 3. Five members shall be appointed by the Cit Commission at large; 4. One member shall be appointed by the Mayor; and 5. eOne eCity eCommissioner shall be an em effi-eie nenvoting member who of the ee ittee, and- may be designated by the eCity eCommission as the eCommittee's chairperson. In the event that the City Commissioner appointed to the Committee is unable to serve then the City Commission shall appoint a replacement member at -large. Bei-RembeTef the eit��.-�tez shall ppe1 t—eine--FRe F-bc r to the -eemmrTt t ee- Members of the Committee appointed by the Mayor and the City Commission shall reside, own real property or have his principal place of business in the Coconut Grove area of the City and shall be individuals of outstanding reputation for integrity, responsibility and commitment to serving the community. Otherwise, membership and terms of office of the members of the eCommittee shall be as set forth in Chapter 2, Article XI of this eCode. of ene year the —de -u =esignatien er refRe=0a-of—any fReffibeT ems -the eem:Rittee—s�. ,LCarlserve eny fei= the idnempired term. If the chairperson is not the eCity eCommissioner appointee designated by the eCity eCommission, the eCommittee shall select a chairperson from among its members and may create and fill such other offices as it may determine. Page 7 of 11 The e-ity manager's designee- shall e—the exce• };_-e weret-ary of the—eemmitteexecutive director of the Department of Off -Street Parking shall be responsible for providing necessary staffing and support services to permit the committee to perform its functions as set forth herein and shall designate an executive secretary for the Committee. (d) Meetings generally; quorum; rules and regulations. (1) At all meetings of the eCommittee, ire p re s e ne e ef three—memo err—e f eemmittee shail eenstittrte a quorum for the transaction of business shall be as provided for in Section 2-887 of this code, and each voting member shall have one vote on every issue submitted to a vote of the eCommittee. Terre—eet of a m1�}epit —ef thefneffEbers present at a ,m Tnf at wrre h a—que rufR is present shall be the the tae�e �tee– (2) The members of the eCommittee shall make and adopt bylaws and rules and regulations for the committee's governance.' (3) The eCommittee shall hold regular monthly meetings and may hold such other meetings as it deems necessary. All meetings of the eCommittee shall be public and written minutes of the proceedings thereof shall be maintained by the -eCommittee. All actions taken at the meetings of the eCommittee shall be promptly and properly recorded. The official eCity policies relating to the attendance of regular board meetings shall be applicable to members of the eCommittee. (e) Hearings. It shall be the responsibility of the executive secretary of the eCommittee to handle all procedural activities for all public hearings required to be held by the eCommittee, including the Page 8 of 11 6) 619 .1 4�-4, . preparation of detailed minutes and official records of such hearings. The official records of such public hearings shall be filed with the eCity eClerk. (f) Records of other public meetings of board. It shall be the responsibility of the executive secretary of the eCommittee to maintain records of other public meetings of the eCommittee fid. Records of such meetings shall be maintained in the office of ±-e eity manager's design DOSP and the NET Administrator for the dDistrict. Sec. 54-343. Supplementary user fee established. There shall be a fee required for special events occurring within the Coconut Grove eSpecial eEvents dDistrict as follows: (1) a. The promoter of the event shall pay to the eCity a supplementary user fee of 25 percent of the estimated cost of the eCity's services for the event. This supplementary fee is in addition to the monies paid for the eCity's services fee. b. In the event that the eCity services fee is lower or higher than the estimated cost previously given, either the eCity shall refund certain monies or the promoter shall pay to the ecity additional monies within 30 days after the date of the event. (2) The supplementary user fee shall not exceed the amount of $10,000.00. (3) The supplementary fee shall be paid to DOSP for deposit into a separate account set forth herein below at least tyre—e-ity ten days , prior to the approved special event. (4) All revenues derived from said supplementary fee shall be deposited in an account known as the Coconut Grove eSpecial eEvents dDi.strict fund and shall be utilized for promotion, marketing, advertising of the District as well as administrative expenses of the Committee, and for the maintenance, improvement and Page 9 of 11 beautification of Peacock Park and the Coconut Grove eSpecial eEvents d:District, without reducing the otherwise normal allocation to the parks. Additionally, funds currently collected by the City department of public works from "Sidewalk Cafe and Banner Fees" in the SD -2 District shall also be placed into the Coconut Grove Special Events District fund following the adoption date of this section. (5) The eCity eCommission may waive all or part of the supplementary user fee. (6) The Committee shall submit an annual budget request for expenditures for approval by the City Commission. The first annual budget shall be submitted within (90) days of the adoption of this Ordinance, thereafter, the Committee shall submit its annual budget request to the City Commission by October 1st of each year. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Page 10 of 11 12641,2"1 Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof .21 PASSED ON FIRST READING BY TITLE ONLY this _7th day of March , 2002. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 18th day of April , 2002. UEL A. DIAZ, MAYOR ATTEST: PRISCILLA A. T OMPS N CITY CLERK APPROVED AS TO FORM AND CORRECTNESSCj 44 JANDRO VIL ELLO C TY ATTORNEY W1209:YMT:BSS zi This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 11 of 11 �J • r TO: Mayor and FROM:Al i DATE: 2002 CITY OF MIAMI CITY ATTORNEY'S OFFIC] MEMORANDUM Mtlle Ci Cion 14 RE: Proposed Second Reading Ordinance for City Commission Meeting — April 11, 2002 Coconut Grove Special Events District (J-02-127) On March 14, 2002, the attached proposed ordinance was adopted on first reading to change the name of the Coconut Grove Standing Festival Committee to the Coconut Grove Special Events and Marketing Committee and to revise the Committee's purpose, intent, special event application requirements, user fee provision and increase the . functions and composition of the Committee. For second reading consideration at the April 11, 2002 City Commission Meeting, we have modified the proposed ordinance as follows: (1) changed the word "director" to "Committee" to reflect that the Committee is charged with the responsibility of advising the City Commission on special event applications in the District (Section 54-341(d)(3)/Page 4, Paragraph 3); (2) corrected the word "non-voting" to "voting" to reflect that the City Commission member is a regular , voting member of the Committee (Section 54-342(c)(5)/Page 7, Paragraph 5); and (3) provided that, should the City Commissioner selected to be a voting member and Chairperson of the Committee become unavailable to serve, the City Commission shall. appoint a replacement member � at -large (Section 54-342(c)(5)/Page 7, Subparagraph 5). W690:BSS Attachment c: Carlos A. Gimenez, City Manager Elvi G. Alonso, Agenda Coordinator 12221