HomeMy WebLinkAboutO-12564City of Miami
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Ordinance: 12564
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00136 Final Action Date: 7/22/2004
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
("CITY CODE") ENTITLED: "ADMINISTRATION//BOARDS, COMMITTEES,
COMMISSIONS," CHAPTER 35/ARTICLE V, ENTITLED: "MOTOR VEHICLES AND
TRAFFIC/COCONUT GROVE PARKING IMPROVEMENTS TRUST FUND" AND
CHAPTER 54/ARTICLE IX, ENTITLED "STREETS AND SIDEWALKS/COCONUT
GROVE SPECIAL EVENTS DISTRICT" 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.
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
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ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
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DIVISION 1. GENERALLY
Sec. 2-892. "Sunset" review of Boards.
Commencing with the year 1995, each city board shall be reviewed in the following
manner:
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c. 1997:
1, Coconut Grove parking advisory committee.
d. 1998:
6, Coconut Grove festival committee
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k. 2008:
1. Coconut Grove Business Improvement Committee
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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
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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 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 by the department of off-street
parking:
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(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 50 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) (6)herein above, shall
be subject to yearly evaluation of the off-street parking department, Coconut Grove village council
and the Coconut Grove Chamber of Commerce 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 G_ro„e Parki„g Advisory Committee Coconut Grove
Business Improvement Committee. ("committee") to the off-street parking board city commission and
approval by the off-street parking board city commission following receipt and consideration of the
committee's recommendation and the recommendation of the director of the off street parking
department.
(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 Coconut Grove parking
advisory committee Coconut Grove Business Improvement Committee for its review and approval
prior to filing with the city clerk.
Sec. 35 223. Coconut Grove parking advisory Committee established; membership terms.
{a) A Coconut Grove parking advisory committee of nine members shall be
established by the city commission to advise and recommend appropriate
expenditures from the Trust Fund to the director of the off street parking
department. The department of off-street parking shall provide staff services as
required. Appointments shall be made as follows:
{1) Four members recommended by the Coconut Grove village council;
One member recommender! by the off-street perking authority• and
0
Four members appointed by the city commission.
/h)Aebbers shoal a apoo-i-Ptedfo eaTt j or i intil the nomin gg
commissioner leaves office, whichever occurs first.
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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.
gj 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.
(8) Funds budgeted for the maintenance and repair of all capital improvements within the
district as defined herein.
(9) {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
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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-street 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.
Sec. 54 342. Coconut Grove special events and marketing committee.
{a) Created. There is hereby created and established the "Coconut Grove Special
Events and Marketing Committee." Use of the term "committee" in this section shall
mean the Coconut Grove special events and marketing committee.
(b) Function. The committee is to serve as an -instrument of advice and make
recommendations to the city commision. The committee shall make recommendations
to the city commi.sion concerning the expenditure of the Coconut Grove special
c-✓cnts district fund; reports regarding approval of special event applications in the
from time to time.
{c) Composition; organization; terms of members; officer
The committee shall consist of ten voting members:
{1) One member shall be an officer of the Miami Convention and Visitors Bureau,
designated by the bureau;
{2) One member shall be a representative of the Coconut Grove Chamber of
Commerce, designated by the chamber;
One member shall be the executive director of the department of off-street parking;
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{4) Five members shall be appointed by the city commission at large;
{5) Ono member shall he appointed byi the mayor• anal
{6) One city commissioner shall be voting member who may be designated by the city
commission as the committee's chairperson. In the event that the city commissioner
appointed to the committcc is unable to serve then the city commission shall appoint a
replacement member at large.
Members of the committee appointed by the mayor and the city commission shall
reside, own real property or have his principal place of busine.s in the Coconut Grove
responsibility and commitment to serving the community. Otherwise, membership and
terms of office of the members of the committee shall be as set forth in chapter 2,
articic XI of this Code.
If the chairperson is not the city commissioner appointee designated by the city
commission, the committee shall select a chairperson from among its members and
may create and fill such other offices as it may determine.
(d) Meetings generally; quorum; rules and regulations.
provided four irn section 2_887 of this Codo and each vot Tmber shall have one
vote on every i.sue submitted to a vote of the committee. For instances of a the vote,
the outcome of the vote shall be determined by the vote of the chairperson.
The members of the committee shall make and adopt bylaws and rules and regulations
for the committee's governance
The committee shall hold regular monthly meetings and may hold such other meetings
minutes of the proceedings thereof shall be maintained by the committee. All actions
taken at the meetings of the committee shall be promptly and properly recorded. The
official city policies relating to the attendance of regular board meetings shall be
applicable to members of the committee.
{e) Hearings. It shall be the responsibility of the executive secretary of the committee
to handle all procedural activities for all public hearings required to be held by the
committee, including the preparation of detailed minutes and official records of such
hearings. The officiala�ds of such public hearings shall be filed with the city clerk.
() Records of other public meetings of board. It shall be the responsibility of the
executive secretary of the committee to maintain records of other public meetings of
the committee. Records of such meetings shall be maintained in the office of DOSP
and the NET administrator for the district
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(g) Assignment of personnel. The executive director of the department of off-street
parking shall -be -responsible b„ ,responsible for providing necessary staffing and support services to
permit the committee to perform its functions as set forth herein and shall designate an
cxccutivc sccrctary for the committee.
The city manager shall provide full cooperation and support by assigning administrative
liaison(s) from vacs departments to attend committee meetings when requested by
the committee and to perform such other duties as deemed necessary.
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 projects.
(b) Advise and recommend appropriate expenditures from the
Coconut Grove Business District Improvement Trust Fund as
defined in Sec. 35-221.
(c) If the City 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
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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
purposes.
(2) 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.
(a) Membership. The Committee shall consist of eight (8) voting members plus six
(6) 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 eight (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 six (6) non -voting members:
(a) The Executive Director of the Department of Off Street Parking.
(b) An officer of the Greater Miami Convention and Visitor's Bureau
"GMCVB" appointed by the GMCVB.
(c) The Executive Director of the BIC.
(d) Three (3) 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.
(b) 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.
(c) Terms of office; vacancies. The provisions set forth in Section 2-885 shall
apply to the members of the Committee.
(d) Parliamentary authority and rules of procedure. The parliamentary authority of
the Committee shall be Robert's Rules of Order (Current Edition), unless the
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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.
(e) Meetings; quorum; and voting. All meetings of the Committee shall be open to
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.
gl 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
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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
submittal of annual reports.
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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}
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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