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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #18440 Ordinance Sponsored by: Ralph Rosado, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 14382 FOR THE ABOLISHMENT OF THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST"), ADOPTED ON JULY 10, 2025, TO EXTEND THE EFFECTIVE DATE OF SUCH ORDINANCE TO FEBRUARY 1, 2026; FURTHER AMENDING CHAPTER 2/ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION / DEPARTMENTS," BY ADDING A NEW DIVISION 18 TO ESTABLISH THE "DEPARTMENT OF DOWNTOWN BAYFRONT PARKS AND OPEN SPACES" ("DEPARTMENT"); FURTHER AMENDING CHAPTER 38/ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION / USE REGULATIONS," TO UPDATE APPLICABLE USE REGULATIONS; FURTHER AUTHORIZING THE ACCEPTANCE, ALLOCATION AND APPROPRIATION OF ALL FUNDS OF THE TRUST UPON THE EFFECTIVE DATE OF ORDINANCE NO. 14382, TO BE PLACED IN A NEW SPECIAL REVENUE ACCOUNT TITLED "DOWNTOWN BAYFRONT PARKS AND OPEN SPACES" TO BE ESTABLISHED BY THE CITY MANAGER AND TO BE USED EXCLUSIVELY FOR OPERATION, IMPROVEMENTS, MAINTENANCE, AND ASSOCIATED ADMINISTRATIVE COSTS OF THE PARKS AND OPEN SPACES OPERATED, MANAGED, MAINTAINED, OR CONTROLLED BY THE DEPARTMENT; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER IN ORDER TO UPDATE THE OPERATING BUDGET, CAPITAL PLAN, RELEVANT FINANCIAL CONTROLS, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH, FOR PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH; DIRECTING THE CITY MANAGER TO CREATE AN ENTERPRISE FUND IN A FUTURE FISCAL YEAR AS SOON AS PRACTICABLE; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN, INCLUDING THE ASSUMPTION OF ANY CONTRACTS RELATED TO THE MANAGEMENT, MAINTENANCE, AND OPERATIONS OF BAYFRONT PARK AND MAURICE A. FERRE PARK, AND TO TAKE ALL NECESSARY AND APPROPRIATE ACTIONS TO ABSORB, TRANSITION, OR OTHERWISE WIND DOWN OPERATIONS OF THE BAYFRONT PARK MANAGEMENT TRUST, AS MAY BE DEEMED NECESSARY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami File ID: 18440 (Revision:) Printed On: 6/1/2026 City of Miami Legislation Ordinance File Number: 18440 Final Action Date: 5/28/2026 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 14382 FOR THE ABOLISHMENT OF THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST"), ADOPTED ON JULY 10, 2025, TO EXTEND THE EFFECTIVE DATE OF SUCH ORDINANCE TO FEBRUARY 1, 2026; FURTHER AMENDING CHAPTER 2/ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION / DEPARTMENTS," BY ADDING A NEW DIVISION 18 TO ESTABLISH THE "DEPARTMENT OF DOWNTOWN BAYFRONT PARKS AND OPEN SPACES" ("DEPARTMENT"); FURTHER AMENDING CHAPTER 38/ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION / USE REGULATIONS," TO UPDATE APPLICABLE USE REGULATIONS; FURTHER AUTHORIZING THE ACCEPTANCE, ALLOCATION AND APPROPRIATION OF ALL FUNDS OF THE TRUST UPON THE EFFECTIVE DATE OF ORDINANCE NO. 14382, TO BE PLACED IN A NEW SPECIAL REVENUE ACCOUNT TITLED "DOWNTOWN BAYFRONT PARKS AND OPEN SPACES" TO BE ESTABLISHED BY THE CITY MANAGER AND TO BE USED EXCLUSIVELY FOR OPERATION, IMPROVEMENTS, MAINTENANCE, AND ASSOCIATED ADMINISTRATIVE COSTS OF THE PARKS AND OPEN SPACES OPERATED, MANAGED, MAINTAINED, OR CONTROLLED BY THE DEPARTMENT; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER IN ORDER TO UPDATE THE OPERATING BUDGET, CAPITAL PLAN, RELEVANT FINANCIAL CONTROLS, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH, FOR PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH; DIRECTING THE CITY MANAGER TO CREATE AN ENTERPRISE FUND IN A FUTURE FISCAL YEAR AS SOON AS PRACTICABLE; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN, INCLUDING THE ASSUMPTION OF ANY CONTRACTS RELATED TO THE MANAGEMENT, MAINTENANCE, AND OPERATIONS OF BAYFRONT PARK AND MAURICE A. FERRE PARK, AND TO TAKE ALL NECESSARY AND APPROPRIATE ACTIONS TO ABSORB, TRANSITION, OR OTHERWISE WIND DOWN OPERATIONS OF THE BAYFRONT PARK MANAGEMENT TRUST, AS MAY BE DEEMED NECESSARY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Miami ("City") is the owner of the downtown waterfront parks known as Bayfront Park and Maurice A. Ferre Park (the "Parks"); and WHEREAS, the Bayfront Park Management Trust ("Trust") is a limited agency and instrumentality of the City, established under Section 38-101 of the Code of the City of Miami, Florida, as amended ("City Code") for the purpose of directing, operating, managing and maintaining all aspects of the City -owned property known as Bayfront Park, for the purposes of ensuring maximum community utilization and enjoyment; and City of Miami File ID: 18440 (Revision:) Printed On: 6/1/2026 WHEREAS, the City previously adopted Resolution No. 94-204, which provided for the Trust to assume control and take responsibility for the operation and maintenance of Maurice A. Ferre Park, formerly known as Bicentennial Park; and WHEREAS, the Florida Department of Transportation ("FDOT") is constructing the I- 395/SR 836/1-95 Design -Build Project, also known as the "Signature Bridge," which will create a landmark structure connecting Downtown Miami and Overtown; and WHEREAS, the City is collaborating with FDOT on the design and development of the area beneath the Signature Bridge, which will transform the space into an active public realm providing community amenities, public art, and pedestrian connectivity; and WHEREAS, through Resolution No. R-25-0125, the City Commission formally proposed that the area beneath the Signature Bridge be named the Reverend Edward T. Graham Heritage Trail, in honor of Reverend Graham's legacy and his contributions to the Miami community; and WHEREAS, the City and FDOT have entered into Memorandums of Understanding providing for the City's potential operation and maintenance of one or more portions of the Reverend Edward T. Graham Heritage Trail, subject to the negotiation and execution of a future agreement between the parties; and WHEREAS, on July 10, 2025, the City Commission adopted Ordinance No. 14382, which provided for the abolishment of the Trust and amended various provisions of the City Code to reflect such abolishment; and WHEREAS, the City Commission also determined that the City shall assume any contracts related to the management, maintenance, and operations of the Parks and shall take all necessary and appropriate actions to absorb, transition, or otherwise wind down operations of the Trust, as necessary; and WHEREAS, Ordinance No. 14382 is currently scheduled to take effect on January 1, 2026; and WHEREAS, the City Commission now desires to amend Ordinance No. 14382 in order to extend the effective date of such ordinance to February 1, 2026; and WHEREAS, the Reverend Edward T. Graham Heritage Trail, together with Maurice A. Ferre Park and Bayfront Park, collectively form a vital network of public waterfront and downtown public spaces that serve, or will serve, as key destinations for cultural programming, community events, recreation, and civic gatherings; and WHEREAS, the City wishes to create a department to manage, maintain, and operate the Parks, as well as to manage, operate, and maintain any other parks or open spaces as may be designated by the City; and WHEREAS, revenues generated by the City from activities occurring within those parks and open spaces managed by the Department shall be dedicated exclusively to the operation, maintenance, enhancement, and activation of these same spaces; and WHEREAS, dedicating such funds for these purposes ensures the sustainability, preservation, and continued improvement of these signature public spaces, consistent with the City's long-term vision for its downtown waterfront; and City of Miami File ID: 18440 (Revision:) Printed On: 6/1/2026 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 by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance No. 14382, adopted on July 10, 2025, is amended to become effective on February 1, 2026. Section 3. Chapter 2, Article IV, Division 10 of the Code of the City of Miami, Florida, as amended, entitled Administration/Departments," is amended in the following particulars: 1 "CHAPTER 2 ADMINISTRATION ARTICLE IV. DEPARTMENTS DIVISION 18. - DEPARTMENT OF DOWNTOWN BAYFRONT PARKS AND OPEN SPACES Sec. 2-601. Created. There is hereby created a Department to be known as the Department of Downtown Bayfront Parks and Open Spaces (referenced in this Division as "Department"). Sec. 2-602. - Appointment, duties of Director. The City Manager is authorized to appoint a director of the Department. The Director shall administer the affairs of the Department subject to the supervision and control of the City Manager, or his/her designee, in all matters. Sec. 2-603. Functions and duties of the Department. The functions and duties of the Department shall include the following: Planning, development, maintenance, management, and operations of the Bayfront Park, Maurice A. Ferre Park, and any other parks or public open spaces designated by the City to be managed, operated, or maintained by the Department (collectively referenced in this Division as the "Parks"), including but not limited to the coordination and management of planning, development, and construction efforts, and the planning and management of promotions, negotiations, and bookings of special events as appropriate in the Parks. 2j Operating in a manner which enriches the City and the community in the arts, recreation, culture, sports and education while operating sustainably and generating sufficient revenues to meet or exceed expenses. 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. City of Miami File ID: 18440 (Revision:) Printed On: 6/1/2026 Secs. 2-604-2-610. - Reserved. *„ Section 4. Chapter 38, Article II of the Code of the City of Miami, Florida, as amended, entitled Parks and Recreation/Use Regulations," is amended in the following particulars: 1 "CHAPTER 38 PARKS AND RECREATION ARTICLE II. USE REGULATIONS Sec. 38-69. - Alcoholic beverages; intoxicated persons. (a) Possession or consumption of alcoholic beverages within park limits of any public park is prohibited except as follows: (1) Alcoholic beverages may be sold and consumed at Fort Dallas Park, Bicentennial Maurice A. Ferre Park, the FEC Property, Jose Marti Park, Maximo Gomez "Domino" Park, Bayfront Park, Allen Morris Brickell Park, and the 32,090 square foot platted parcel containing restaurant facilities at Peacock Park as follows: a. On a regular basis within city restaurant facilities by properly licensed operators therein during hours allowed by this Code and in accordance with all ordinances and state laws presently applicable and which may be applicable in the future. b. In connection with special events and programs, by individuals or groups that have been issued a wine/beer permit in accordance with section 38-70 of this Code, or by individuals or groups that have been issued a separate permit for full beverage service by the city manager or designee, upon the recommendation of director and upon the approval of the city commission. Said permits shall be issued in accordance with all laws presently applicable and which may be applicable in the future. c. Notwithstanding any provision in the city code of the City of Miami, Florida, to the contrary, alcoholic beverages may be sold, dispensed, possessed or consumed on a regular basis within Bayfront Park, Maurice A. Ferre Park, or on the FEC Property, legally described in Exhibit A attached hereto and by this reference made a part hereof and located in the city clerk's office, Miami, Florida. (2) No alcoholic beverages may be brought into the aforesaid parks by anyone except licensed operators of city restaurant facilities therein, or their designated representatives, or individuals or groups that have been issued authorized permits in connection with special events and programs. (b) Intoxicated persons will not be permitted on park property, or if found thereon, shall be ejected forthwith. City of Miami File ID: 18440 (Revision:) Printed On: 6/1/2026 Sec. 38-70. - Sale or dispensing of beer and/or wine for special events or programs in city parks. (a) Notwithstanding any provision in the city Code of the City of Miami, Florida, to the contrary, the city manager or his/her designee, on special occasions and for special events or programs, may permit by special permit the dispensing of wine or beer in soft containers in any city park. Such special permit shall establish any special conditions which shall apply to said dispensing which shall be cumulative and in addition to all other conditions imposed by state and local laws and regulations. (b) Notwithstanding any provision in the city Code of the City of Miami, Florida, to the contrary, the city manager or his/her designee, on special occasions and for special events or programs, is hereby authorized upon execution of the application/permit form as attached (note: the form is not set out in this Code), to permit the sale or dispensing of wine or beer in soft containers in the following city parks: (1) Bayfront Park. (2) Bicentennial Maurice A. Ferre Park. (3) Jose Marti Park. (4) Peacock/Myers Park. (5) Watson Island Park. (6) Virginia Key Park. (c) Unless approved by the city commission, there shall be no permits issued in connection with any musical event or program of the type which historically requires extraordinary security measures, based upon prudent police protection (commonly referred to as "rock concerts"). (d) The city manager or his/her designee is further authorized to permit the dispensing of beer and wine in soft containers at no charge during social functions in Wainwright Park. (e) The city manager or his/her designee is authorized to permit the sale or dispensing of wine or beer in soft containers in additional city parks, on special occasions and for special events or programs, upon execution of the application/permit form and upon the review, recommendation and written approval of the departments of police and parks and recreation. Unless approved by the commission, not more than three permits will be issued during the calendar year for any given park, with the exception of those specific sites listed in subsection (b). (f) Such sales or dispensing of beer and wine are subject to compliance with all applicable state laws and the criteria set forth on the attached form (note: the form is not set out in this Code). (g) The city manager shall establish fees for all permits to sell beer and wine in city parks by January 1, 1997. Thereafter, the city manager shall annually revise and adjust said fees, if necessary, prior to the first day of September, and such revised fees shall become effective the first day of October. In reviewing the existing schedule of fees to determine whether or not to revise and adjust the same, the city manager shall take into consideration any one, or all of the following criteria: (i) city financial needs; (ii) operating expenses; (iii) market conditions; (iv) purpose and type of event(s) or program(s) conducted at the city parks, including benefits to the community; (v) estimated revenues to be generated; (vi) and/or other factors deemed appropriate by the city manager. At any time, the city manager shall be authorized to negotiate the fee for all permits to sell beer and wine in city parks should it be determined that the current schedule of fees does not properly address a particular type of event. Said fee shall be paid for all permits City of Miami File ID: 18440 (Revision:) Printed On: 6/1/2026 obtained from the city commission or the city manager or his/her designee. The existing fee shall be utilized should a permit be issued before the effective date of this section. The permit fee shall not apply where beer and/or wine are dispensed at no charge for social functions in open areas of city parks. Sec. 38-79. — Use of Downtown Bayfront Parks and Open Spaces. (1) The Director of the Department of Downtown Bayfront Parks and Open Spaces shall establish the rules, regulations, and procedures pertaining to use of Bayfront Park, Maurice A. Ferre Park, and any other parks or public open spaces designated by the City to be managed, operated, or maintained by the Department (collectively referenced in this Section as the "Parks"), or any portion thereof, including special events in open areas of the Parks, subject to the review and approval by the City Manager and City Attorney. The City Manager is authorized to enter into revocable license agreements, in a form acceptable to the City Attorney, for special events, dockage, concessions, and other permits for temporary use of the Parks consistent with the provisions set forth in City Code Section 2-603, unless otherwise directed by the City Commission. (2) Bayfront Park shall be reserved eighty-five (85) percent of the days of each fiscal year for free access and use by the general public. This reservation applies to Bayfront Park but not to any special purpose facility within it such as the amphitheater or docks. This reservation of use shall not impair previously executed contracts. This reservation of use may be reduced or waived by the City Commission for temporary events or for specific events when the City Commission determines such reduction or waiver is in the City's best interests. (3) All revenues generated at the Parks, shall be restricted for the payment of costs and expenses related to the management, supervision, improvement, and operation of the Parks. Secs. 38-80-38-100. - Reserved." Section 5. Authorizing the acceptance, allocation and appropriation of all funds of the Bayfront Park Management Trust upon the effective date of City Ordinance No. 14382 to be placed in a new Special Revenue Account titled "Downtown Bayfront Parks and Open Spaces" to be established by the City Manager and to be used exclusively for operation, improvements, maintenance, and associated administrative costs of the Parks and open spaces operated, managed, maintained, or controlled by the Department. Section 6. Ratifying, approving, and confirming certain necessary actions by the City Manager in order to update the Operating Budget, Capital Plan, relevant financial controls, and computer systems in connection therewith, for project close-outs, and for grants and other funding sources in progress in connection herewith. Section 7. Directing the City Manager to create an enterprise fund in a future fiscal year as soon as practicable for the operation, improvements, maintenance, and associated administrative costs of the Parks and open spaces operated, managed, maintained, or controlled by the Department. Section 8. Authorizing the City Manager to execute any and all necessary documents, all in forms acceptable to the City Attorney, for the purposes stated herein, including the assumption of any contracts related to the management, maintenance, and operations of Bayfront Park and Maurice A. Ferre Park, and to take all necessary and appropriate actions to City of Miami File ID: 18440 (Revision:) Printed On: 6/1/2026 absorb, transition, or otherwise wind down operations of the Bayfront Park Management Trust, as may be deemed necessary; Section 9. 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 10. This Ordinance shall become effective immediately upon final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ge Wyj.ng III, C y ttor -y 11/10/2025 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 File ID: 18440 (Revision:) Printed On: 6/1/2026