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HomeMy WebLinkAboutlegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 04-00468 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ ADMINISTRATION/ARTICLE XI/BOARDS, COMMITTEES, COMMISSIONS; CHAPTER 35/MOTOR VEHICLES AND TRAFFIC/ARTICLE V ENTITLED " COCONUT GROVE PARKING IMPROVEMENTS TRUST FUND" AND CHAPTER 54/STREETS AND SIDEWALKS/ARTICLE IX/COCONUT GROVE SPECIAL EVENTS DISTRICT OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ABOLISH THE EXISTING COCONUT GROVE PARKING ADVISORY COMMITTEE AND THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE, AND SUBSTITUTE IN LIEU THEREOF, A NEW DIVISION 17 TO ARTICLE XI OF CHAPTER 2, ENTITLED "COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE" ("BIC"), TO SET FORTH THE PURPOSE, POWERS, APPOINTMENTS, QUALIFICATIONS, APPROVAL OF BUDGET, AND ANNUALLY PROVIDING FOR SUNSET REVIEW, MORE PARTICULARLY BY DELETING SECTIONS 35-223 AND SECTION 54-342, AND SUBSTITUTING IN LIEU THEREOF, A NEW DIVISION 17, NEW SECTIONS 2- 1250 THROUGH 2-1255 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 2/Article XI of the Code of the City of Miami, Florida, as amended, entitled " Administration/Boards, Committees, Commissions," is amended in the following particulars:{1} "Chapter 2 ADMINISTRATION * ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 1. GENERALLY Sec. 2-892. "Sunset" review of Boards. Commencing with the year 1995, each City Council shall be reviewed in the following manner: City of Miami Page 1 of 10 Printed On: 7/13/2004 Rio Number: 04-00468 c. 1997: d. 1998: * * * * * * + 2007: 2003: 1. Coconut Grove Business Improvement Committee 2007: Section 2. Chapter 35/Article V of the Code of the City of Miami, Florida, as amended, is amended in the following particulars: {1} "CHAPTER 35 MOTOR VEHICLES AND TRAFFIC * * * ARTICLE V. COCONUT GROVE PARKING BUSINESS DISTRICT IMPROVEMENT TRUST FUND Sec. 35-221. Established. (a) There is hereby established a trust fund to be entitled the Coconut Grove parking 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administered by the Department of Off- street Parking into which funds shall be deposited and from which funds shall be withdrawn pursuant to sections 35-222 and 35-224 to facilitate public off-street parking, infrastructure improvements and maintenance and marketing to serve the area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 GII 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 * * * City of Miami Page 2 of 10 Printed On: 7/13/2004 File Number: 04-00468 (6) Perform such other related activities as may be appropriate to carry out the intent of this article including, but not limited to, 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 (only through providing matching funds (b) It is the intent of this article that at least ao 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) through {5) (6) herein above. At least 10 percent of the funds must be maintained as reserves. (c) Any such shuttle, tram or trolley service, as mentioned in subsection (a){8) nherein above, shall be subject to yearly evaluation of the the Coconut Grove Chamber of Commorco Coconut Grove Business Improvement Committee. Sec. 35-222. Funds made available; financial report. (a) Funds deposited in the trust fund shall be made available to the department of off street parking city commission or the purposes set forth in section 35-221 and for administrative expenses after review and recommendation by the Coconut Grove Business Improvement Committee. ("committee") to the city commission and approval by the off street parking board city commission following receipt and consideration of the committee's recommendation depa a t. (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 advisory committoo Coconut Grove Business Improvement Committee for its review and approval prior to filing with the city clerk. Sec. 35 223. ; {1) a-ORe-member-reGemmeneled-by-the-off-street-paFkirig-authorityand ; la * * City of Miami Page 3 of 10 Printed On: 7/13/2004 File Number: 04-00468 Sec. 35-224. Schedule of fees and charges. (a) The schedule of fees and charges to be assessed and paid into the trust fund is as follows: (1) Fee in lieu of providing required off-street parking for sidewalk cafes: in addition to the $20.00 per square foot permit fee required by the public works department, as specified in section 54-223 of the city Code, there shall be paid an additional fee as set forth in subsections (3)c. and (3)e. below, in lieu of providing required off-street parking, said funds shall be paid monthly into the Coconut Grove Parking Business District Improvement Trust Fund. (6) Upon enactment of a City of Miami Ordinance pursuant to Florida Statute 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 the same percentage as derived from parking surcharge revenues from Coconut Grove (defined as that portion of the City of Miami 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. f, 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. 211 Funds budgeted for the maintenance and repair of all capital improvements within the district as defined herein. DI (7) Such other fees as may from time to time be authorized by the city commission. * * * * Section 3. Chapter 54/Article IX of the Code of the City of Miami, Florida, as amended, is amended in the following particulars: {1 } "CHAPTER 54 STREETS AND SIDEWALKS * * City of Miami Page 4 of 10 Printed On: 7/13/2004 File Number: 04-00468 ARTICLE IX. COCONUT GROVE SPECIAL EVENTS DISTRICT Sec. 54-341. Created, restrictions; application and approval required. * (d) Application for special events; approval required. Applications for special events in the district must be submitted to the director of the department of off etreet parking ("director") 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 director City Manager or designee for review, the director city manager or designee shall schedule the application for the next available Coconut Grove Special Events and marketing Committee Coconut Grove Business Improvement Committee ("Committee") meeting for review and recommendation in accordance with the provisions of this article. Soc. 5,1 3,12. * * * {a) Created. (b) Function. o is to corve as an instrument of advice and make address such other matters as may be requested by the city commission from time to time. (c) Composition; organization; terms of members; officer (4) Five members shall be appointed by the city commission at large; City of Miami Page 5 of 10 Printed On: 7/13/2004 File Number: 04-00468 (5)One-FRember-eAall-lae-appointeisi-by-the-mayorand ; {6) One-Gity-Gern-missiefier-sh-al-1-be-veting-mereiber-wh-e-may-be-designated-lay-the-eAty- commission as the committee's chairperson. In the event that the city commissionor article XI of this Code. may create and fill such other -offices as it may determine. (el) Meeti-ng-s-gener-al-GFuffl+-r-u-les-ancl-Feg-ulatiens, official city policies relating to the attendance of regular board meetings shall be {f} the NET administrator for the.-dietrict. City of Miami Page 6 of 10 Printed On: 7/13/2004 File Number: 04-00468 Section 4. Chapter 2/Administration/Article XI/Boards, Committees, Commissions of the Code of the City of Miami, Florida, as amended, is amended in the following particulars: {1} "CHAPTER 2 ADMINISTRATION * * * ARTICLE XI DIVISION 17. Coconut Grove Business Improvement Committee (BIC) Sec. 2-1250. Established. There is hereby established the "Coconut Grove business Improvement Committee." Use of the term "Committee" or "BIC" in this section shall mean the Coconut Grove Business Improvement Committee. Sec. 2-1251. Purpose, powers and duties. The purpose, powers and duties of the Committee are: (1) The Committee is to serve as an instrument of advice and make recommendations to the city commission including but not limited to: (a) Coordination, funding and implementation of all marketing, infrastructure improvements, maintenance and other proiects. (b) Advise and recommend appropriate expenditures from the Coconut Grove Business District Improvement Trust Fund as defined in Sec. 35-221. (c) If the Citv imposes a surcharge pursuant to Section 166.271, Florida Statutes, appropriating funds to an Urban Core Area under the jurisdiction of the Coconut Grove BIC, funds from the proceeds of the surcharge from the parking facilities located within the jurisdiction of Coconut Grove BIC shall be placed in a segregated account specifically designated for those parking surcharge infrastructure funds and will be utilized for those City of Miami Page 7 of 10 Printed On: 7/13/2004 File Number 04-00468 purposes. al Review special events application in the Coconut Grove Special Events District and approve or reject such applications as set forth in Sec. 54-341 Sec. 2-1252. Membership; qualifications; terms of office; vacancies; officers; parliamentary procedures and rules of procedure; meetings; quorum; voting; attendance requirements. Lai. Membership. The Committee shall consist of seven (8) voting members plus four (5) non -voting members who shall serve without compensation, but shall be reimbursed for necessary expenses incurred in official duties, as may be determined and approved by the City Manager, and shall be composed as follows: (1) The following shall constitute the nine (8) voting members: (a) One (1) member, the chairperson, shall be the City Commissioner for District 2. (b) Seven (7) members appointed by the City Commissioner for District 2. (2) The following shall constitute the five (5) non -voting members: (a) The Executive Director of the Department of Off Street Parking. (b) An officer of the Greater Miami Chamber of Visitor's Bureau "GMCVB" appointed by the GMCVB. (c) The Executive Director of the BIC. (d) Two (2) residents of the Coconut Grove appointed by the District 2 Commissioner. (3) A vice -chairperson shall be selected by the committee from amongst all voting members. Qualifications. All the members of the BIC shall either be permanent residents of Coconut Grove, own real property in Coconut Grove, or work or maintain a business in Coconut Grove, and shall have good reputations for integrity and community Service. Terms of office; vacancies. The provisions set forth in Section 2-885 shall apply to the members of the Committee. I Parliamentary authority and rules of procedure. The parliamentary authority of the Committee shall be Robert's Rules of Order (Current Edition), unless the Committee adopts its own order of business and rules of procedure governing its meetings, and actions on matters within its jurisdiction, not inconsistent with the provisions set forth herein, which rules of procedure shall be filed with the City Clerk. Copies of minutes of all Committee meetings shall be furnished to the Mayor, Commissioners and the City Manager. ie1 Meetings; quorum; and voting. All meetings of the Committee shall be open to City of Miami Page 8 of 10 Printed On: 7/13/2004 File Number: 04-00468 the public. The provisions set forth in Section 2-887 of this Article shall apply to all members of the Committee as they relate to quorum and voting. f) Attendance requirements. The provisions set forth in Section 2-886 of this Article shall apply to all members of the Committee. Sec. 2-1253. Employees generally- BIC shall employ and fix the compensation, subject to the approval of the City Commission, of the following who shall serve at its pleasure: (1) An Executive Director, who shall be a person of good moral character and possessed of a reputation for integrity, responsibility and business activity. No member of BIC shall be eligible to hold the position of Executive Director. Before entering upon the duties of this office, the Executive Director shall take and subscribe to the oath and furnish bond as required of members of BIC. The Executive Director shall be the Chief Executive Officer of BIC and shall devote the entire time and attention to the duties of this office. The Executive Director shall not while serving as Executive Director engage in any other business or profession. Subject to the approval of BIC, The Executive Director shall have general supervision over and be responsible for the preparation of plans and the performance of the functions of BIC in the manner authorized in this article. The Executive Director shall attend all meetings of BIC and shall render to BIC a monthly report covering the activities and financial condition of BIC. In the absence or disability of the Executive Director, BIC may designate a qualified person as Acting Executive Director. The Executive Director shall furnish BIC with such information or reports governing the operation of BIC as BIC may from time to time require. (2) Upon recommendation of the Executive Director, such clerical, technical and professional assistance as shall in the opinion of BIC be necessary to provide for the efficient performance of its functions. Sec. 2-1254. Counsel. The City Attorney's office shall provide legal counsel to the committee. Sec. 2-1255. Notices and filing of records. The provisions set forth in Section 2-888 shall apply to the Committee. Notice of meetings shall be posted by the City Clerk at City Hall and other appropriate locations after being apprised by the Committee of an upcoming meeting(s). Advertised public notice of meetings are not required. It shall be the duty of the City Clerk to comply with applicable laws related to filing of records and Section 2-889. Sec. 2-1256. Annual Report. The provisions set forth in Section 2-890 of this Article shall apply related to the City of Miami Page 9 of 10 Printed On: 7/13/2004 File Number: 04-00468 submittal of annual reports. * * Yt * *1! Section 5. All ordinances or parts of ordinances is so far as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. 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. Section 7. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: MARIA J. CHIARO, INTERIM CITY ATTORNEY 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. City of Miami Page 10 of 10 Printed On: 7/13/2004