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Legislation
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Ordinance
File Number: 09-00085
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2,
ARTICLE XI, DIVISION 17, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED (THE "CODE"), BY REPEALING DIVISION 17 ENTITLED
"ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/COCONUT
GROVE BUSINESS IMPROVEMENT COMMITTEE," AND SUBSTITUTING IN LIEU
THEREOF A NEW DIVISION 17 ENTITLED "ADMINISTRATION/BOARDS,
COMMITTEES, COMMISSIONS/COCONUT GROVE BUSINESS IMPROVEMENT
DISTRICT BOARD," CONTAINING SECTIONS ESTABLISHING THE COCONUT
GROVE BUSINESS IMPROVEMENT DISTRICT BOARD ("BID BOARD"), SETTING
FORTH SAID BOARD'S PURPOSES, FUNCTIONS, POWERS,
RESPONSIBILITIES AND DUTIES; PROVIDING FOR MEMBERSHIP,
QUALIFICATIONS, NOMINATIONS AND APPOINTMENTS OF MEMBERS, TERMS
OF OFFICE, FILLING OF VACANCIES, MEETINGS, QUORUM, ATTENDANCE
REQUIREMENTS, REMOVAL AND ASSIGNMENT OF STAFF AND LIAISON(S),
AN ANNUAL REPORT, THE SOURCE OF FUNDS, FOR BID BOARD AND BID
COMMITTEE MEMBER PARTICIPATION IN BID PROGRAMS, INAPPLICABILITY
OF SUNSET PROVISIONS, THE TRANSFER OF ASSETS FROM THE COCONUT
GROVE BUSINESS IMPROVEMENT COMMITTEE TO THE BID BOARD AND
COUNSEL; AMENDING CHAPTER 18, ARTICLE III, SECTION 18-72 OF THE
CODE, ENTITLED "CITY OF MIAMI PROCUREMENT ORDINANCE" TO ADD AN
EXCEPTION TO PURCHASES MADE IN FURTHERANCE OF A BUSINESS
IMPROVEMENT DISTRICT, INCLUDING GRANT REVENUES AND ALL OTHER
CITY AND ASSESSMENT FUNDS AS APPROVED IN THE ANNUAL BUDGET BY
CITY COMMISSION; AMENDING CHAPTER 35, ARTICLE V, OF THE CODE,
ENTITLED "COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS
PARKING IMPROVEMENT TRUST FUNDS" TO SUBSTITUTE THE BID BOARD IN
PLACE OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE
AND CLARIFY THE AMOUNTS THE COCONUT GROVE BUSINESS
IMPROVEMENT TRUST FUND IS TO RECEIVE FROM PARKING SURCHARGE
FEES; AMENDING CHAPTER 54, ARTICLE IX, SECTION 54-341 AND
54-343-54-344, OF THE CODE, ENTITLED "COCONUT GROVE SPECIAL
EVENTS DISTRICT" TO SUBSTITUTE THE BID BOARD IN PLACE OF THE
COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE AND TO ADD THE
BID BOARD AS AN ADDITIONAL INDEMNIFIED PARTY; MORE PARTICULARLY
BY AMENDING SECTIONS 2-892, 2-1250-2-1264, 18-72, 35-221-35-222, 35-224,
54-341 AND 54-343-54-344 OF THE CODE; CONTAINING A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 12564, adopted July 22, 2004, the City of Miami City
Commission ("City Commission") approved the establishment of the Coconut Grove Business
Improvement Committee ("BIC"); and
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File Number: 09-00085
WHEREAS, Chapter 170, Florida Statutes (2007) provides that a municipality, subject to the
approval of a majority of the affected property owners, may levy and collect special assessments
against property benefited in a retail businesses district for the purposes of stabilizing and improving
such district through promotion, management, marketing, and other similar services in such districts;
and
WHEREAS, on November 21, 2008, the City of Miami ("City"), through its Office of the City
Clerk, tabulated the results of a special election conducted during the period of October 15 through
November 21 for the creation of the Coconut Grove Business Improvement District ('BID"), wherein
the BID was deemed to be approved by a majority of the affected property owners; and
WHEREAS, the City Commission wishes to repeal the BIC and thereby establish a new
Coconut Grove Business Improvement District Board ("BID Board") to stabilize and improve retail and
other businesses in the BID area through promotion, management, marketing, and other similar
services, including but not limited to, coordination, funding and implementation and maintenance of all
infrastructure improvements, and other projects, utilizing BID assessment proceeds and other funds
identified herein; and
WHEREAS, the BID Board shall also provide similar services to the other areas described in
the code, as set forth more particularly below.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
and incorporated as if fully set forth in this Section.
Section 2. Chapter 2 of the Code of the City of Miami, Florida, as amended ("City Code"), is
further amended in the following particulars:{1)
"CHAPTER 2
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY
Sec. 2-892. "Sunset" review of boards.
Commencing with the year 1995, each city board shall be reviewed in the following manner:
(1) By February 15 of the year in which a board is to be reviewed, the city manager shall deliver to
the city commission the report submitted by the chairperson of each board pursuant to section 2-890
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File Number: 09-00085
hereinabove, together with any recommendation or comments the city manager desires to submit.
(2) During the month of March of each year in which a board is to be reviewed, the chairperson shall
make an oral presentation to the city commission. Said presentation shall be based on the report set
forth in section 2-890 above. At the conclusion of the oral presentation by the board's chairperson, any
individual commissioner may request the formation of a special purpose board, (hereinafter referred to
as the "SPB"), consisting of five members appointed by the city commission. The SPB shall evaluate
the chairperson's report, the city manager's recommendations and any other information it deems
relevant to determine whether the board being reviewed shall continue in its present form. The SPB
shall make a report to the full commission within 90 days.
(3) At the conclusion of this review process, the city commission shall determine whether to abolish,
continue, consolidate or modify the board for the ensuing four years thereafter. Nothing contained
herein shall be construed to authorize the abolition, consolidation or modification of any
multijurisdictional board.
(4) The following boards shall initially be reviewed in the following years and shall be reviewed every
four years thereafter:
a. 1995:
1. Bayfront Park management trust.
2. Citywide community development advisory board.
3. Civil service board.
4. Code enforcement boards.
5. Equal opportunity advisory board.
b. 1996:
1. Planning advisory board.
2. Zoning board.
3. Street codesignation review committee.
4. Committee on ecology and beautification.
c. 1997:
1. Reserved.
2. Audit advisory committee.
3. Urban development review board.
4. Nuisance abatement board.
d. 1998:
1. Historical and environmental preservation board.
2. Miami sports and exhibition authority.
3. Waterfront advisory board.
4. Reserved.
5. Community relations board.
e. 1999:
1. Little Havana Special Events District.
2. Commercial solid waste management advisory committee.
f. 2000:
1. Commission on the status of women.
2. Virginia Key Beach Park trust.
g. 2002:
1. Homeland defense/neighborhood improvement bond program oversight board (to be sunsetted
December 31, 2011).
2. City of Miami arts and entertainment council.
h. Reserved.
i. 2003:
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File Number.- 09-00085
1. Mayor's International Council.
j. 2007:
1. Community Technology Advisory Board.
k. 2008:
1. .
I. 2010:
1. Overtown Advisory Board/Overtown Community Oversight Board.
2. Liberty City Community Revitalization Trust.
m. 2011:
Parks and recreation advisory board.
n. Reserved.
o. 2013:
District 1 housing advisory board.
(5) All boards created after the effective date of this division shall be placed in the appropriate area
under subsection (4) hereinabove, and shall be reviewed in accordance therewith.
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File Number.' 09-00085
2899:
DIVISION 17. COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT BOARD (BID BOARD)
Sec. 2-1250. Establishment and purpose.
The "Coconut Grove Business Improvement District Board" of the City ('BID Board") is established to
stabilize and improve retail and other business in the areas described in sections 35-221 and 54-341
of the Code of the City of Miami, as amended (the "Code"), and the assessed area known as the BID
more particularly described in Resolution #08-0455 adopted on July 24, 2008 and later confirmed in
Resolution #09-0076 adopted on February 12, 2009, through promotion, management, marketing, and
other similar services, including but not limited to, coordination, funding, implementation and
maintenance of infrastructure improvements, and other projects. These areas shall collectively be
described herein as the "Area".
Sect. 2-1251. Composition; appointment and terms of office of members; filling of vacancies.
(a) The BID Board shall have 19 members appointed as follows:
(1) The Commissioner for District 2 shall be a member and shall appoint two (2) other members, who
shall not require confirmation.
(2) The Chief Executive Officer of the Miami Parking Authority or his/her designee, who shall not
require confirmation.
(3) Two members shall be nominated by the owners of the property located at CocoWalk, 3015
Grand Avenue Suite 118 Coconut Grove FL 33133 d/b/a CocoWalk and submitted to the District 2
Commissioner for appointment.
(4) Two members shall be nominated by the owners of the property located at Mayfair Center, 3390
Mary Street, Suite 260, Coconut Grove, FL 33133 d/b/a Mayfair Center and submitted to the District 2
Commissioner for appointment.
(5) Four (4) members shall be property owners of assessed property within the boundaries of the BID
and submitted to the District 2 Commissioner for appointment.
(6) Two (2) members shall be representatives of hotels/lodging establishments within the boundaries
of the BID and submitted to the District 2 Commissioner for appointment.
(7) Three (3) members shall be representatives of restaurants/bars within the boundaries of the BID
and submitted to the District 2 Commissioner for appointment.
(8) Two (2) members shall be representatives of the retail merchant community within the boundaries
of the BID and submitted to the District 2 Commissioner for appointment.
(9) The members shall be nominated by the then current board of the BID Board and submitted to the
District 2 Commissioner for appointment. In the event that a nominee is resected by the District 2
Commissioner, then the BID Board shall nominate a successor(s) until all 15 seats are filled by
nominees who are confirmed by the District 2 Commissioner.
(10) Nomination of initial members. The District 2 Commissioner shall appoint a BID Board nominating
committee to solicit and screen applications, interview candidates and submit nominations to the
District 2 Commissioner for appointment to the initial BID Board.
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File Number. 09-00085
01) Initial terms. The initial nineteen 09) members shall serve terms as follows:
1.
Commissioner District 2
3 years
2.
Commissioner District 2 Appointee
1 2 years
3.
Commissioner District 2 Appointee
2 1 year
4.
MPA Chief Executive Officer
3 years
5.
Cocowalk Representative 1
2 years
6.
Cocowalk Representative 2
1 year
7.
Mayfair Representative 1
3 years
8.
Mayfair Representative 2
2 years
9.
Property owner 1
1 year
10.
Property owner 2
3 years
11.
Property owner 3
2 years
12.
Property owner 4
1 year
13.
Hotel Representative 1
3 years
14.
Hotel Representative 2
2 years
15.
Restaurant Representative 1
1 year
16.
Restaurant Representative 2
3 years
17.
Restaurant Representative 3
2 years
18.
Retail Representative 1
1 year
19.
Retail Representative 2
3 years
b) Members shall serve terms of three nears expirina on Auaust 31 of the third year followina their
appointment. Members shall serve a maximum of nine consecutive years, provided that upon the
unanimous vote of the BID Board, the city commission may, by unanimous vote, extend the term of a
member for one additional period of three years. Notwithstanding the foregoing, the initial nineteen
09) members, or anyone appointed to fill a vacancy during the initial term, shall not have their initial
term, as identified in section 10, above, counted against the maximum nine consecutive years.
Members shall continue to serve until their successors have been nominated and appointed.
Appointments to fill vacancies shall be for the unexpired term only.
(c) Quorum shall consist of ten physically present members.
(d) The chairperson of the BID Board shall have the power to appoint the members to the various
committees which the chairperson shall have the power to establish from time to time.
(e) Protection from personal liability. The BID Board shall maintain officers and director's liability
insurance coverage at all times, in an amount and in a form satisfactory to the City's Director of Risk
Manaaement. Nothina in this section shall be construed in any way to limit or waive sovereian
immunity.
Sec. 2-1252. Qualifications of members.
(a) All members of the BID Board shall (1) reside: or (2) work: or (3) own (or be the desianated
representative of the owner of) a business; or (4) own (or be the designated representative of the
owner of) real property in the City. For purposes of this section, a person shall be deemed to "own real
Property" where the person is the owner of the fee simple title, or owns the leasehold interest on the
Property under a lease having an original term of at least 30 years. All members of the BID Board shall
be individuals of outstanding reputation for integrity, responsibility and business ability and acumen.
No officer or employee of the City, other than the District 2 Commissioner, shall be a member of the
BID Board.
(b) Before assumina the duties of the office. each member shall take and subscribe to the oath of
office required of officials of the City.
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Sec. 2-1253. Meetings; Parliamentary authority, rules and regulations; compensation of
members.
The parliamentary authority of the BID Board shall be Robert's Rules of Order (Current Edition) unless
the BID Board adopts its own order of business and rules of procedure governing its meetings, and
actions, not inconsistent with the provisions set forth herein, which rules of procedure shall be filed
with the city clerk. The BID Board shall hold regular meetings no less often than once each quarter.
Special meetings may be held when called in the manner provided in the rules of the BID Board. All
meetings of the BID Board shall be open to the public. Each member of the BID Board shall serve
without remuneration.
Sec. 2-1254. Removal of members.
Notwithstanding anything in the Code to the contrary, by resolution specifying facts sufficient to advise
a BID Board member as to the basis for his or her removal and after reasonable notice to the BID
Board member and an opportunity for the member to be heard, the BID Board, may remove a board
member:
(1) For cause as defined in Chapter 112, F.S.;
(2) If the member ceases to meet the qualification criteria set forth in section 2-1252; or
(3) As otherwise provided by law.
For purposes of this section, being absent from three consecutive regular BID Board meetings or from
four regular BID Board meetings during a calendar year shall constitute good cause for removal.
Sec. 2-1255. Powers and duties.
(a) The BID Board shall have the power to:
(1) Subiect to city commission approval, which approval shall not be unreasonably withheld, appoint
an executive director.
(2) Fix the terms of engagement and compensation of the executive director, which shall be paid from
funds available to the BID Board.
(3) Prepare an annual budget to be presented to the city commission for approval.
(4) Plan, propose, and implement programs and services for the purpose of stabilizing and improving
the BID through promotion, management, marketing, and other similar services, such as streetscape
improvements.
(5) Plan and propose to the City and the City Commission, within the Area, public improvements,
including but not limited to renovation, repair, remodeling, reconstruction or other changes in existing
buildings and streetscape which in the opinion of the BID Board will aid in the economic growth of the
Area.
(6) Recommend to the city commission or the Department of Off -Street parking, the acquisition by
purchase or otherwise, of any land and any other property, real or personal, or any rights or interests
therein, which it may determine is reasonably necessary for any project or purpose of this article.
(7) Cooperate with any governmental agency or public body for the purposes authorized herein.
(8) Determine the appropriate expenditures from the Coconut Grove Business District Improvement
Trust Fund as defined in section 35-221.
(9) Review special event applications in the Coconut Grove Special Events District and approve or
refect such applications as set forth in section 54-341.
(10) Solicit and accept grants in cooperation with the City of Miami Office of Grants Administration.
The BID Board shall contact the Office of Grants Administration for assistance in project planning,
proposal writing, application assembly, and monitoring financial and budgetary compliance with grantor
agency guidelines. All grant applications shall be submitted to the Office of Grants Administration for
review and coordination prior to submission. The BID Board shall be responsible for implementing and
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File Number. 09-00085
managing all of its grants. Any and all other contributions and financial support from individuals, private
business interests, the general public, qovernmental entities, corporations and organizations,
foundations and other philanthropic entities shall follow the approvals established by the City.
(11) Exercise all powers incidental to the effective and expedient exercise of the foregoing powers to
the extent not in conflict or inconsistent herewith.
(b) The city manager retains sole authority to execute contracts and agreements subject to the
limitations of Chapter 18, Article ill of the Code. However, the city manager may delegate to the
executive director the authority to execute contracts consistent with the provisions of Chapter 18,
Article III of the Code, subject to BID Board approval.
Sec. 2-1256. Employees generally.
(a) Executive Director. The executive director shall serve at the pleasure of the BID Board and shall
be a person of good moral character and have a reputation for integrity, responsibility and business
ability. No member of the BID Board shall be eligible to hold the position of executive director. Before
entering upon the duties of his/her office, the executive director shall take and subscribe to the oath as
required of members of the BID Board. He/she shall be the chief executive officer of the BID Board
and shall not, while serving as executive director, actively engage in any other business or profession.
Subject to the approval of the BID Board, and direction by it when necessary, he/she shall have
general supervision over and be responsible for the preparation of plans and the performance of the
functions of the BID Board in the manner authorized in this article. He/she shall attend all meetings of
the BID Board and shall render to the BID Board and the city manager a monthly report covering the
activities and financial condition of the BID Board. In the temporary absence or disability of the
executive director, the BID Board may designate a qualified person to perform the duties of the office
as acting executive director. The executive director shall furnish the BID Board with such information
or reports governing the operation of the BID Board as the board may from time to time require. At its
inception, the interim executive director of the BID Board shall be the individual the city commission
approved in Resolution #06-0249 on April 27, 2006, as the interim executive director of the Coconut
Grove Business Improvement Committee, with the salary and benefits as currently provided. On or
before October 1, 2009, the BID Board shall take all action necessary to appoint a permanent
executive director to be approved by the city commission. The executive director shall have no civil
service rights or privileges.
(b) Staff. Subiect to the policy directives of the BID Board and budget limitations, the executive
director may engage such staff members as are necessary for the efficient operation of the BID Board.
Staff members shall have no civil service rights or privileges.
Sec. 2-1257. Annual budget; source of funds.
(a) Effective immediately, the BID Board shall establish a fiscal year which coincides with that of the
City. The BID Board shall submit to the city commission, in a form acceptable to the city manager, and
no later than April 1 preceding the commencement of each fiscal year, a BID Board budget request
pertaining to management, operation and maintenance expenditures and delineating the financial
responsibility of the City for certain categories including but not limited to: insurance, security, utilities
and maintenance. Nothing contained herein shall be construed to prohibit the BID Board from
submitting a supplemental budget to the city commission for approval.
(b) No expenditure shall be made in any given year without approval by the city commission of the
BID Board budget for that year and all expenditure shall comply with City procedures for acquisition of
goods and services.
(c) In conjunction with the submission of the budget, the BID Board shall submit a plan reflecting the
proposed operations, activities, improvements, and maintenance plans for the forthcoming fiscal near.
The city commission may review and deny any item contained in the plan within 30 days from the date
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File Number. 09-00085
of its submission by the BID Board.
(d) No provision contained in this article shall be construed to violate the Anti -Deficiency Act, as set
forth in sections 18-500 through 18-503 of the Code.
(e) The operations of the BID Board shall be principally financed from the following sources and such
other sources as may be approved by the city commission:
(1) Contributions, gifts, and/or donations to the BID Board for the performance of its functions.
(2) Proceeds of a special assessment as authorized by Resolution 08-0455, adopted July 24, 2008,
and later confirmed in Resolution #09-0076, adopted on February 12, 2009.
(3) Parking waiver fees as authorized by Section 35-224 of the Code.
(4) Parking surcharge fees as authorized by Section 35-342 of the Code.
(5) Sidewalk cafe fees as authorized by Section 54-223 of the Code.
(6) Event supplemental fees as authorized by Section 54-343 of the Code.
(7) Banner fees as authorized by Section 54-344 of the Code.
(8) Grant proceeds.
Sec. 2-1258. Annual report and audit.
(a) The BID Board shall submit to the mayor and city commission an annual report and an annual
audit. The audit shall be performed by an external auditor who is a certified public accountant.
(b) Additionally, the City shall have the right to audit any books, accounts, expenditures, receivables,
and contracts of the BID Board at any time.
Sec. 2-1259. Notices and filing of records.The provisions set forth in section 2-888 shall apply to the
BID Board.
Sec. 2-1260. Participation in BID Programs.
Notwithstanding anything to the contrary, the members of the BID Board and any of its committees
shall have the right to participate in programs intended to comply with the requirements, purposes and
reasons for the special assessment, including but not limited to cooperative advertising opportunities in
the same way as may be available to their commercial peers in the coconut grove business
community.
Sec. 2-1261. Inapplicability of sunset provision.
The BID Board shall not be subject to the provisions of section 2-892 of to code.
Sec. 2-1262. Transfer of assets.
Any and all personal property under the control of the Coconut Grove business improvement commee,
shall transfer upon the creation of the BID Board, to the BID Board.
Sec. 2-1263. Counsel.
The Office of the City Attorney shall provide legal services to the BID Bard as may be necessary and
requested by the BID Board.
Section 3. Chapter 18 of the City Code, is further amended in the following particulars:{1}
"CHAPTER 18
FINANCE
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File Number. 09-00085
ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE
Sec. 18-72. Application and exclusions.
(a) Application. Regardless of the source of funds, including state and federal assistance monies,
and except as otherwise specified by law, the provisions of this article shall apply to every
purchase/procurement by:
(1) All city entities or boards, as hereinafter defined, except for the community redevelopment
agencies.
(2) The downtown development authority, the department of off-street parking, the Model City
Homeowners Trust, the Civilian Investigative Panel, Virginia Key Beach Park Trust and the Miami
Sports and Exhibition Authority (each referred to herein as the "board" or "city entity, as applicable);
provided, however, that:
a. With respect to each board, the following terms shall have the meanings ascribed to them in this
section:
1. "City" shall mean the board.
2. "City manager" shall mean the executive director of the board.
3. "Chief procurement officer" shall mean the executive director of the board or his or her designee.
4. "City commission" shall mean the board of directors of the board.
b. The cone of silence shall not apply to any board or city entity set forth in subsection 18-72(2)
herein or the community redevelopment agencies.
(b) Exclusions. This article shall not apply to:
(1) Procurement of dues and memberships in trade or professional organizations; registration fees
for trade and career fairs; subscriptions for periodicals and newspapers; advertisements; postage;
expert witnesses; legal services, abstracts of titles for real property and title searches; title insurance
for real property; water, sewer, and electrical utility services; copyrighted materials or patented
materials including but not limited to technical pamphlets, published books, maps, testing or
instructional materials; fees and costs of job-related seminars and training.
(2) Real property.
(3) Goods purchased with petty cash in accordance with established city procedures.
(4) Items purchased for resale to the general public.
(5) Purchase of groceries.
(6) Artistic services or works of art.
(7) Hotel accommodation and services.
(8) Public -owned transportation.
(9) Purchase of tickets for special events, tourist attractions and amusement parks.
(10) City -sponsored events at hotels, motels, restaurants, or other similar venues not owned by the
city.
(11) Entertainment services for city -sponsored events.
(12) Purchases of motor vehicle license plates from a governmentally regulated monopoly or a
government agency.
(13) Travel on city business as provided in APM-77, as amended.
(14) Persons retained as expert consultants, as defined herein.
(15) Goods and services related to promotion, management and marketing and other similar services
of a business improvement district established pursuant to Chapter 170, F.S.
* * * * *11
Section 4. Chapter 35 of the City Code, is further amended in the following particulars:{1}
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File Number: 09-00085
"CHAPTER 35
MOTOR VEHICLES AND TRAFFIC
ARTICLE V. COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS PARKING
IMPROVEMENT TRUST FUNDS
Sec. 35-221. Coconut Grove Parking Improvement Trust Fund established.
(a) There is hereby established a trust fund to be entitled the Coconut Grove business district
improvement trust fund, (the "trust fund") to be maintained and administered by the department of
off-street parking into which funds shall be deposited and from which funds shall be withdrawn
pursuant to sections 35-222 and 35-224 to facilitate public off-street parking, infrastructure
improvements and maintenance and marketing to serve the area consisting of that portion of the SD -2
zoning district east of Margaret Street, that portion of the SD -17 zoning district west of S.W. 27th
Avenue, and that zone designated G/I in the city's official zoning atlas and bounded by Charles
Avenue on the south and Main Highway on the east and presently occupied by the Coconut Grove
Playhouse (these areas shall be referred to herein as "Coconut Grove Village Center") through means
which may include, but are not limited to the following activities:
(1) Acquire fee simple or other interest in land, and other real property for parking purposes;
(2) Construct, maintain, operate, lease, manage, or otherwise provide off-street parking facilities for
public use;
(3) Provide public information to enhance parking utilization including publicity campaigns, graphics
and signage, and other informational devices;
(4) Coordinate plans for parking facility improvements and expansion with public transportation plans
and operations in the vicinity, particularly the joint facilities that might be operated in connection with
Metrorail and any feeder services existing or future;
(5) Provide accessibility to off-street parking facilities. by suitable means such as public shuttle, tram
or trolley service and related physical improvements such as bus shelters and right-of-way
modifications, which may include the area from Bayshore Boulevard to the Coconut Grove Village
Center;
(6) Perform such other related activities as may be appropriate to carry out the intent of this article
including, but not limited to, reimbursement of administrative costs, infrastructure improvements in the
public right-of-way, contributing to maintenance of the public sidewalks within the business district
defined herein, as well as destination marketing
(b) It is the intent of this article that at least 90 percent of the funds, as determined at the beginning of
each fiscal year, in the trust fund shall be utilized for subsections (a)(1)--(6). At least ten percent of the
funds must be maintained as reserves.
(c) Any such shuttle, tram or trolley service, as mentioned in subsection (a)(6), shall be subject to
yearly evaluation of the Coconut Grove Business Improvement District Board busiRess impreyemeRt
wnnmmmmittee
riccc.
Sec. 35-222. Same --Funds made available; financial report.
(a) Funds deposited in the trust fund shall be made available to the Gity GGMrni6sie Coconut Grove
Business Improvement District Board ("BID Board") for the purposes set forth in section 35-221 and
for administrative expenses after Feview and FeGOMmendatieR by the GOGGR61t GFGve business
(b) A financial report on trust fund receipts and expenditures shall be prepared annually at the close
of the fiscal year by the off-street parking department and presented to the
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File Number- 09-00085
imr,rniome it nnmmlttee BID Board for its review and approval prior to filing with the city clerk.
Sec. 35-223. Reserved.
Sec. 35-224. Same --Schedule of fees and charges.
The schedule of fees and charges to be assessed and paid into the trust fund is as follows:
(7) Upon enactment of a city ordinance pursuant to F.S. § 166.271, authorizing the collection and
disbursement of parking surcharge fees for infrastructure and other purposes defined therein, the
Coconut Grove business improvement trust fund would receive not more than forty percent (40%) and
not less than twenty percent (20%) of the parking surcharge fees the same peFGeRinne as derived
from parking surcharge revenues from Coconut Grove (defined as that portion of the city bounded by
the Rickenbacker Causeway and US -1 to the north and west, and the city limits to the west, south and
east). Said distributions would be retained in a separate account to be used exclusively for the
purposes set forth in the ordinance governing the use of parking surcharge funds.
(8) Fees generated by the use of Coconut Grove sidewalks for sidewalk cafes for the purpose of
contributing to the maintenance of the public sidewalks and infrastructure within those sidewalks in the
business district as defined herein.
(9) Funds budgeted for the maintenance and repair of all capital improvements within the district as
defined herein.
(10) Such other fees as may from time to time be authorized by the city commission.
Section 5. Chapter 54 of the City Code is further amended in the following particulars:{1}
"CHAPTER 54
STREETS AND SIDEWALKS
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.
(c) Restrictions established. The following restrictions shall apply to the district, excluding Coconut
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File Number 09-00085
Grove Expo 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 city parks, other than in lawfully
permitted sidewalk cafes;
b. Any pyrotechnics display;
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 this 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;
* Note --The city attorney advised that this number has been left off since it is to be determined by the
police department.
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 this 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 (c)(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.
(d) Application for special events; approval required. Applications for special events in the district
must be submitted to the city manager with a 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 completed application shall be submitted annually
at least 120 days, but not earlier than 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 city manager or designee for review, the city
manager or designee shall schedule the application for the next available Coconut Grove Business
Improvement District Board ("BID Board") wm,nitte� 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 epee BID Board. At a minimum the presentation to the ^^w, ^,,,r i+� BID Board shall
include a copy of the completed application along with a discussion and presentation of the matters
described in subsection (4)a. below.
(3) The remittee BID Board 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
GGMFnittee BID Board, may make application to appeal the semmittee's BID Board's decision to the
city commission if filed within five days after theGMP;;ittcc'6 BID Board's decision is issued.
(4) At the time of application, each applicant is required ata minimum to submit the following
information and documentation. Provided, however, additional information and documentation may be
required as determined by the director, NET administrator or other city department.
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
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File Number. 09-00085
(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"), the BID
Board, aad-the Csity, and their respective 4s. officers and employees and shall indemnify DOSP, the
BID Board, the Csity, and their respective +ts officers 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 City Code required notices, as related to said event.
(e) Waiver or modification of restrictions. The city commission has the authority to waive or modify
any of the above restrictions.
Sec. 54-342. Reserved.
Sec. 54-343. Supplementary user fee established.
There shall be a fee required for special events occurring within the Coconut Grove special events
district as follows:
(1) a. The promoter of the event shall pay to the city a supplementary user fee of 25 percent of the
estimated cost of the city's services for the event. This supplementary fee is in addition to the monies
paid for the city's services fee.
b. In the event that the city services fee is lower or higher than the estimated cost previously given,
either the city shall refund certain monies or the promoter shall pay to the city 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 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 special events district fund and shall be utilized for promotion, marketing, advertising
of the district as well as administrative expenses of the ^^tee Coconut Grove Business
Improvement District Board ("BID Board"), and for the maintenance, improvement and beautification of
Peacock Park and the Coconut Grove special events 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 the ordinance from which this section
derives.
(5) The city commission may waive all or part of the supplementary user fee.
i
Sec. 54-344. Supplementary Banner Fee established.
A supplementary banner fee is established for horizontal banners in the public right-of-way relating to
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File Number- 09-00085
special events occurring within the Coconut Grove special events district, and approved by the
Coconut Grove Business Improvement District Board ("BID Board") GerAmittee pursuant to Section
54-341 above, as follows:
(1) The promoter of the event requesting to display a horizontal banner within the Coconut Grove
special events district shall pay to
Gemmittee the BID Board, a supplementary banner fee of Five Hundred Dollars ($500) per banner.
This supplementary banner fee is in addition to the monies paid for any of the city's services regarding
banners.
(2) The supplementary banner fee shall be paid to the BID Board 99&P -for deposit into a separate
account set forth herein below at the time the promoter of the event submits a banner application to
Public Works.
(3) Each banner in the Coconut Grove special events district shall be allowed to remain for no longer
than thirty (30) days.
(4) All revenues derived from said supplementary banner fee shall be deposited in an account known
as the Coconut Grove Special Events District Fund and shall be used for promotion, marketing,
advertising of the district and administrative expenses of the s^^ ++e BID Board, and for the
maintenance, improvement and beautification of Peacock Park and the Coconut Grove special events
district, without reducing the otherwise normal allocation to the parks.
(5) The city commission may waive all or part of the supplementary banner fee.
Section 6. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 7. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
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File Number: 09-00085
Footnotes:
{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.
{2} 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.
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