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Resolution 2025-33566 2025-33566 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, AT ITS MARCH 12,2025 MEETING,AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONCESSION AGREEMENT WITH THE FRENCH AMERICAN ASSOCIATION OF CRAFTS & TRADES CORP. (CONCESSIONAIRE) FOR THE MANAGEMENT AND OPERATION OF A MONTHLY FRENCH MARKET AT THE SOUTH POINTE PARK WASHINGTON AVENUE ENTRY PLAZA, DURING A SIX-MONTH PILOT PROGRAM, COMMENCING ON APRIL 6, 2025; SAID AGREEMENT PROVIDING FOR THE WAIVER OF CONCESSION FEES TO THE CITY DURING THE TERM OF THE PILOT PROGRAM; AND SHOULD THE PILOT PROGRAM BE SUCCESSFUL, THE CITY COMMISSION MAY APPROVE AN EXTENDED TERM WITH MODIFIED BUSINESS TERMS. WHEREAS, at the February 3, 2025, City Commission meeting, at the request of Commissioner Kristen Rosen Gonzalez, the Mayor and City Commission referred a discussion item to the Public Safety and Neighborhood Quality of Life Committee ("PSNQLC")to explore the feasibility of establishing a French Market at the South Pointe Park Washington Avenue entry plaza as a six-month pilot program; and WHEREAS, the proposed French Market would be hosted by the Florida chapter of the French American Association of Crafts & Trades, Corp. ("FAACT"), a Florida not-for-profit corporation, and would feature a diverse selection of local and French artisans offering handmade goods, including French pastries, jewelry, accessories, and other artisanal products; and WHEREAS,the market would support women artisans, many of whom depend on markets like these for their livelihood, while also providing a unique cultural experience that promotes local businesses and fosters community engagement; and WHEREAS, the FAACT FL Chapter has previously demonstrated its ability to organize successful French Market events, including the Thanksgiving French Market at Sunset Harbour in November 2023 and its most recent market hosted by the City of Coral Gables on February 23, 2025, at 150 Miracle Mile; and WHEREAS, the FAACT FL Chapter has engaged with the City's Parks and Recreation Department and the South of Fifth Neighborhood Association (SOFNA), receiving full support from SOFNA during its February 20, 2025, meeting for the establishment of a French Market at the South Pointe Park Washington Avenue entry plaza; and WHEREAS, the French Market would be held on the first Sunday of each month, beginning on April 6, 2025, with a maximum of 30 10'x10' tents arranged at the plaza; and WHEREAS, the proposed French Market is consistent with the Operational Guidelines for South Pointe Park, as approved via Resolution No. 2010-27375, and would not interfere with normal park operations; and WHEREAS, at its March 12, 2025 meeting, PSNQLC members discussed and adopted a unanimous motion with favorable recommendation to the City Commission, recommending that the City Commission establish a six-month pilot program for a monthly French Market at the South Pointe Park Washington Avenue entry plaza, hosted by the FAACT FL Chapter, commencing on April 6, 2025, with all concessions fees waived; and WHEREAS, the City Manager recommends executing a Concession Agreement for the six-month pilot program, including the waiver of Concession fees to the City during the term of the pilot program; and should the pilot program be successful, the City Commission may approve an extended term with modified business terms, pursuant to a waiver, by 5/7th vote, of the formal competitive bidding requirement, as authorized in Section 2-367(e) of the City Code.. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Public Safety and Neighborhood Quality of Life Committee, at its March 12, 2025 meeting, and authorize the City Manager to negotiate and execute a Concession Agreement with the French American Association of Crafts & Trades Corp. (Concessionaire) for the management and operation of a monthly French market at the South Pointe Park Washington Avenue entry plaza, during a six-month pilot program, commencing on April 6, 2025; said Agreement providing for the waiver of Concession fees to the City during term of the pilot program; and should the pilot program be successful, the City Commission may approve an extended term with modified business terms. PASSED and ADOPTED this n day of fur* 2025. ATTEST: MAR 2 0 2025 even Meiner, Mayor Rafa E. Granado, City Clerk = ••�c.� (Sponsored by Commissioner Kristen Rosen Gonzalez) ''""� 's, UN[ORP ORATEO IIti4� s 1�r • APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION ItY omeY - Date Resolutions - C7 MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager 0,;C. DATE: March 19, 2025 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, AT ITS MARCH 12, 2025 MEETING. AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONCESSION AGREEMENT WITH THE FRENCH AMERICAN ASSOCIATION OF CRAFTS & TRADES CORP. (CONCESSIONAIRE) FOR THE MANAGEMENT AND OPERATION OF A MONTHLY FRENCH MARKET AT THE SOUTH POINTE PARK WASHINGTON AVENUE ENTRY PLAZA. DURING A SIX-MONTH PILOT PROGRAM, COMMENCING ON APRIL 6. 2025: SAID AGREEMENT PROVIDING FOR THE WAIVER OF CONCESSION FEES TO THE CITY DURING THE TERM OF THE PILOT PROGRAM; AND SHOULD THE PILOT PROGRAM BE SUCCESSFUL, THE CITY COMMISSION MAY APPROVE AN EXTENDED TERM WITH MODIFIED BUSINESS TERMS. RECOMMENDATION Accept the recommendation of the Public Safety and Neighborhood Quality of Life Committee, at its March 12, 2025 meeting, and authorize the City Manager to negotiate and execute a Concession Agreement with the French American Association of Crafts &Trades Corp. ("FAACT FL Chapter"), for the management and operation of a monthly French market at the South Pointe Park Washington Avenue entry plaza, during a six-month pilot program, commencing on April 6, 2025; said Agreement providing for the waiver of Concession fees to the City during term of the pilot program; and should the pilot program be successful, the City Commission may approve an extended term with modified business terms. BACKGROUND/HISTORY During the February 3, 2025 City Commission meeting, at the request of Commissioner Kristen Rosen Gonzalez, the Mayor and City Commission referred a discussion item to the Public Safety and Neighborhood Quality of Life Committee ("PSNQLC'), to discuss establishing a French Market at the South Pointe Park Washington Avenue entry plaza as a six-month pilot program. (Exhibit A) During the March 12, 2025 PSNQLC meeting, the item was discussed and a representative from the FAACT FL Chapter was present. The Committee made a favorable recommendation to the Commission meeting scheduled for March 19, 2025. The first market will take place on Sunday, April 6, 2025. ANALYSIS The proposed French Market would be hosted by the FAACT FL Chapter, a Florida not for profit corporation. The French Market would feature a wide range of local and French artisans, showcasing their unique creations such as French pastries, jewelry, accessories, and other services. Additionally, the market would proudly support women artisans, many of whom rely on • markets like these for their livelihood. The French Market would offer a vibrant cultural experience that not only highlights French craftsmanship but also promotes local businesses and encourages community engagement. Given the potential benefits, a waiver of the requirement to issue a competitive solicitation would be desirable to ensure a smooth and timely implementation of the event. In the past, the FAACT FL Chapter held a Thanksgiving French Market at Sunset Harbour in November 2023. The event offered a little slice of France in Miami Beach as visitors strolled through the stalls, met the artisans, and enjoyed a day of French culture and charm. Their most recent market was hosted by the City of Coral Gables on February 23, 2025 at 150 Miracle Mile. The FAACT FL Chapter has met with the Parks and Recreation Department (the "Department') and with the South of Fifth Neighborhood Association (SOFNA). During the February 20, 2025 SOFNA meeting, the idea of hosting a French Market at the South Pointe Park Washington Avenue entry plaza gained full support from the association. The Parks and Recreation Department is proposing the French Market be held on the first Sunday of every month beginning on Sunday,April 6, 2025. The market will have a maximum of 30 10'x10' tents organized at the South Pointe Park Washington Avenue entry plaza. The rental does not go against any of the Operational Guidelines for South Pointe Park, as approved via Resolution No. 2010-27375 (Exhibit B) and will not interfere with normal park operations. As per Resolution No. 2022-24731(Exhibit C), if the pilot is approved, the Department will waive the first three (3) rental fees as the FAACT FL Chapter is a non-profit organization, and is requesting that the fees be waived for the remaining months of the pilot as well. Upon the City Commission approval, the City Manager will negotiate and execute a Concession Agreement with the FAACT FL Chapter, for the management and operation of a monthly French market at the South Pointe Park Washington Avenue entry plaza for a six-month pilot program, commencing on ApriL6, 2025. Should the pilot program be successful, the City Commission may approve an extended term with modified business terms. FISCAL IMPACT STATEMENT The Parks and Recreation Department will waive the first three (3) rental fees as the FAACT FL Chapter is a non-profit organization, and is requesting that the fees be waived for the remaining months of the pilot as well. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE)was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerklmeetinci-notices/ FINANCIAL INFORMATION N/A CONCLUSION If the pilot program for the monthly French Market is approved, the Administration will work with the FAACT FL Chapter ensure the event is organized and marketed to the public. Applicable Area South Beach Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? Yes No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Parks and Recreation Sponsor(s) Commissioner Kristen Rosen Gonzalez Co-sponsor(s) Condensed Title Accept PSNQLC Recommendation - French Market at South Pointe Park Washington Ave Entry Plaza (Rosen Gonzalez) Previous Action (For City Clerk Use Only) February 3, 2025 Commission Meeting Item C4 M Committee Referrals -C4 M MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Kristen Rosen Gonzalez DATE: February 3, 2025 TITLE: REFERRAL TO THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE — DISCUSS ESTABLISHING A FRENCH MARKET AT THE SOUTH POINTE PARK WASHINGTON AVENUE ENTRY PLAZA. RECOMMENDATION BACKGROUND/HISTORY Please place on the February 3, 2025 agenda a referral to the Public Safety and Neighborhood Quality of Life Committee (the"Committee")to discuss establishing a French Market at the South Pointe Park Washington Avenue entry plaza as a six-month pilot program. The proposed French Market would be hosted by the French American Association of Crafts and Trades (FAACT FL Chapter) and would feature a wide range of local and French artisans, showcasing their unique creations such as French pastries, jewelry, accessories, and other services. Additionally, the market would proudly support women artisans, many of whom rely on markets like these for their livelihood. The French Market would offer a vibrant cultural experience that not only highlights French craftsmanship but also promotes local businesses and encourages community engagement. Given the potential benefits, a waiver of the requirement to issue a competitive solicitation would be desirable to ensure a smooth and timely implementation of the event. The Administration should be prepared to present to the Committee an evaluation of the proposed market,including logistics and any necessary support to be provided by the City for the successful execution of this pilot program. ANALYSIS FISCAL IMPACT STATEMENT NA Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE)was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-notices/ FINANCIAL INFORMATION CONCLUSION Applicable Area Citywide Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? Yes No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Office of Commissioner Kristen Rosen Gonzalez Sponsor(s) Commissioner Kristen Rosen Gonzalez Co-sponsor(s) Condensed Title Ref: PSNQLC- Establish French Market at S Pointe Park Washington Ave Entry Plaza. (Rosen Gonzalez) Previous Action (For City Clerk Use Only) RESOLUTION NO. 2010-27375 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING OPERATIONAL GUIDELINES FOR SOUTH POINTE PARK RELATING TO PARK HOURS, BICYCLES AND SKATEBOARDS, MOTORIZED VEHICLES, FISHING AND SWIMMING IN THE PARK, THE RENTAL OF THE RECREATIONAL CENTER(COMMUNITY ROOM), FIELDS AND PAVILION (ROOFTOP), AND CITY-PRODUCED SPECIAL EVENTS IN THE PARK AS RECOMMENDED, IN PART, BY THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS MEETING OF FEBRUARY 16, 2010. WHEREAS, the initial discussion concerning the operational issues of the newly reconstructed South Pointe Park (the "Park") was held on February 17, 2009, at the Neighborhood/Community Affairs Committee meeting; and WHEREAS, the Administration requested direction and guidance on pending issues that would ultimately shape the future uses of the Park including, but not limited, to such matters as park hours, facility and field rentals, motorized and non-motorized vehicles in the park, programming and special events; and WHEREAS, on May 12, 2009, a community meeting was held at the South Pointe Park community room to gain additional input from the residents as to operational issues; and WHEREAS, on June 17, 2009, the proposed operational guidelines were discussed at the Neighborhood/Community Affairs Committee (the "NCAC") where input from the residents was received; and WHEREAS, following its discussion, the NCAC moved the following Operational Guidelines to the City Commission with a recommendation for approval: • Park Hours: Establish the hours as recommended previously, which is sunrise to 10:00pm for the Park, with the hours of the cut walk mirroring the hours of Smith and Wollensky's. • Bicycles/skateboards: Restrict bicycles and skateboards from being ridden on the elevated portion of the serpentine walkway. Bicycles and skateboards to be permitted in all other pathways in the park, including the cut walk. Staff is to monitor the use of the serpentine by children with scooters and report back. • Motorized Vehicles: No unauthorized motorized vehicles in the park. • Fishing and swimming: There would be no swimming or fishing in the park, and fishing would not be permitted until such time as the fishing pier re-opens, and then only from the pier. • Recreational Center ("Community Room") Rental; Rentals of the recreational center will be permitted for single events and under specific terms and conditions and when the center is available (un-programmed) by the park. There will be no alcohol permitted; amplified music is permitted, but only from 10:00 a.m. to 8:00 p.m.; cannot violate the noise ordinance; and the doors must be closed during amplified music. Renters cannot charge admission. The proposed rental fees would be in accordance with rental rates approved and established for interior building rentals in our parks system, as approved by the City Commission in 2003. Please note that "resident rates" refers to Miami-Dade County residents. • Playground Rental: No rentals of the playground area are allowed as it is too heavily used. • Field Rental: No rental of the fields is allowed. • Pavilion (rooftop) Rental: No rental of the pavilion is allowed. • City-Produced Special Events: City-produced special events are those events that the City's Parks and Recreation Department, Tourism and Cultural Development Department or other City department develop for the purpose of providing recreational, educational and/or cultural entertainment to the general public, primarily focused for our residents. These city-produced events are limited to no more than six (6) per fiscal year and would have priority over any non-city produced special events. No city produced special event can extend longer than two days in duration (setup and removal may not exceed two additional days); setup and removal cannot restrict public access to the park; any live or amplified sound is to face south and not begin earlier than 10:00am and conclude by 10:00 p.m.; no alcohol is permitted; and WHEREAS, the issue of permitting non-City produced special events in South Pointe Park was referred to the City Commission without recommendation; and WHEREAS, the South Pointe Park Operational Guidelines item was first included in the July 15, 2009 Commission agenda, but it was not reached and was then included in subsequent agendas and, at the December 9th meeting, it was recommended that, in deference to our new Commissioners, the item be referred back to the NCAC for discussion; and WHEREAS, the South Pointe Park operational guidelines item was referred back to the February 16, 2010 NCAC meeting where the Administration presented the background and history of the issue and restated its agreement and support of the previously discussed operational recommendations/guidelines; and WHEREAS, at its meeting on February 16, 2010, the NCAC members held a comprehensive discussion of the issues and supported the previously recommended operational guidelines for: • Park.Hours • Bicycles, Skateboards • Motorized Vehicles • Fishing and Swimming in the Park • Recreational Center("Community Room") Rental • Playground Rental • Pavilion (rooftop) Rentals; and WHEREAS, the NCAC recommended that Field Rentals should be available under controlled conditions; and WHEREAS, as a result of NCAC direction, the Administration developed the following conditions for Field Rentals at South Pointe Park: • The east lawn would not be available for field rentals; • Field rentals would only be available for non-league, non-organized play or small scale private/non-commercial events (fewer than 100 persons) that do not require temporary structures (e.g. tents requiring permits) or other supports that would require a special event permit; • Field rentals would be available during the hours of 10:00 a.m. and 6:00 p.m., weekdays (Monday—Thursday) only; • There would be no field rentals on weekends (Friday— Sunday) or on holidays, and no field rental would be permitted if there is an approved special event occurring at the park on the requested day; • Field rentals would be for private events not open to the general public; • Any field rental is for a maximum four(4) hour duration, including set-up and removal; • There can be no sales/service/consumption of alcoholic beverages as part of a field rental. • A damage/clean-up deposit may be required at the time the field rental agreement is approved; this deposit will be refunded following the event if the terms and conditions of the rental are met. • No live entertainment or amplified sound. It is recommended that field rental fees be in accordance with the rates approved and established for field rentals in our parks system, as approved by the City Commission in 2003. They are as follows: Resident (Including Miami- Dade County) Non-Resident No Admission Fee No Admission Fee Day: $150.00 $300.00 Additional costs for field rentals include staffing at $25.00 per hour per staff for a four hour minimum, with the number of staff to be determined by the Parks and Recreation Department. Insurance,janitorial, and/or other direct costs are not included in the field rental amount; and WHEREAS, the NCAC further recommended that the following categories of special events be permitted under specific terms and conditions: I) City-Produced Special Events As previously defined, City-produced special events are those events that the City's Parks and Recreation Department, Tourism and Cultural Development Department, or other City department develops for the purpose of providing recreational, educational and/or cultural entertainment to the general public, primarily focused for our residents. Examples include, but not are limited, to Movie in the Park, Arts in the Park or other activity offered by the City. • The total number of city-produced events would be six (6) per fiscal year; City-produced special events will have priority over non-city special events; • No City sponsored special event will extend more than two (2) days in duration. Set up and removal may not exceed two (2) additional days in total; • Setup and removal cannot restrict public access to the park; • No sales/service/consumption of alcohol is permitted; • Any live entertainment/amplified sound: • Must face south • May not begin before 10:00 a.m. • Must conclude by 10:00 p.m. (unless it is a "Movie in the Park") II)Non-City Produced Special Events Non-City produced special events were discussed as two types: those with a recreational purpose, and those for entertainment/other. For purposes of the NCAC meeting, staff had identified a non-city-produced "special event" as any organized event that anticipates the attendance of more than 100 persons, or any event that requires a set up beyond that which would be permitted as part of the typical use of a public park or which could be accommodated by a field rental (e.g. a 90-person private picnic that requires permitted tents, an event on a Saturday). A) Non-City produced recreational special events These special events would include activities such as a marathon, triathlon, the Barefoot Mailman Walk, etc. These events were generally well-received and the general consensus among NCAC members and residents present at the meeting was that they should be permitted (although certainly with the expectation that they would follow special events guidelines). The city would consider recreational events, such as the Barefoot Mailman Walk, a meeting eeting point for a triathlon, etc. on a case-by-case basis and with sufficient conditions to mitigate any impacts to the neighborhood and park. These recreational special events would be submitted via the Special Events process, as well, but would not be included within any limit on the number imposed for non-city events, should non-recreational special events be permitted. There can be no sales/service or consumption of alcoholic beverages. No amplified sound or live entertainment is permitted, although the use of loudspeakers for event management is allowed. B) Non-City produced/non-recreational special events These special events are non-recreational events such as weddings or concerts, or any other event that-could-not occur via_afield-rental-(;g.-day cif-week,-number-of-hours, placement of structures, etc.). Staff discussed the unique qualities of this park, and the neighborhood concerns relating to non-City produced/non-recreational special events, and developed parameters for the NCAC's consideration should these be permitted at South Pointe Park. These conditions would be in addition to any and all current requirements of the special events process managed by the City's Tourism and Cultural Development Department). Specifically, these included: • The east lawn would not be available for non-City special events; • The total number and frequency of non-City, non-recreational special events in a year should be limited. The example provided for the committee was no more than six (6) per fiscal year, no more than two (2) non-City, non-recreational special events in a single month, and no more than one (1) non-City, non- recreational special event per week; • For purposes of this limitation, this limit would relate to non-city, non-recreational special events to include, but not limited to, weddings, concerts, etc.; • No permitted non-City, non-recreational special event would extend more than one day in duration. Set-up and removal may not exceed two (2) days in total; • No non-City, non-recreational special event can be permitted that anticipated an attendance in excess of 500 persons; • No non-City special event would operate past the park's established closing hour of 10:00 p.m. and could not begin earlier than 10:00 a.m.; • No amplified sound or live entertainment is permitted; however, the use of loudspeakers for event management is allowed, provided that such use is in compliance with the City's Noise Ordinance; • No sales/service/consumption of alcoholic beverages; and WHEREAS, following the discussion of special events, the NCAC recommended that: • City Produced Special Events be permitted as proposed with the conditions set forth herein; and • Non-City Produced Special Events (including Recreational and Non-Recreational activities) be permitted with the conditions set forth herein, with the exception that the proposed frequency of no more than six (6) per fiscal year. While staff had proffered no more than six (6) non-city, non-recreational special events per fiscal year, the Committee modified this recommendation to permit no more than six (6) events in a six (6) month period (and no more than two (2) non-city special events in a single month, and no more than one (1) non-city special event per week), and report to back to the City Commission after a six (6) month period; and WHEREAS, at its meeting on April 14, 2010, the City Commission reviewed the recommendations of the NCAC and approved the following Operational Guidelines for South Point Park: • Park Hours: Park: Sunrise to 10:00 p.m. Cufwalk Sunrise to 2:00 a.m. • Bicycles and Skateboards: Permitted on paved walkways only, excluding the elevated portion of serpentine walkway. • Motorized Vehicles: Prohibited except for officially authorized government and government contractor vehicles. • Fishing or Swimming: Prohibited in the park. • Facility Rental (Community Room in Pavilion Building): Available when not programmed for public use. No sales/service/consumption of alcoholic beverage permitted. Amplified sound/live entertainment permitted inside between 10:00 a.m. and 8:00 p.m. (with doors closed; no waivers of noise ordinance). Event cannot exceed occupancy limits. • Playground/Tot lot: Rentals not permitted for playground area or adjacent areas with tables. • Pavilion: Pavilion rooftop rentals are not permitted. • City-Produced Special Events: o Permitted Use: Cultural or recreational events (or other events) produced or sponsored by the City; open to the general public. o Location: Use areas not restricted; mostly use west lawn o Frequency: Max of six per fiscal year; max two days per event plus max two days set up and removal per event; setup and removal may not restrict public access to the park. o Hours/Duration of Event: Consistent with Park Hours o Alcoholic Beverages: No sales/service/consumption of alcoholic beverages permitted. o Amplified Sound/Live Entertainment: Permitted from 10:00 a.m. to 10:00 p.m. (or later to accommodate a "Movie in the Park") Speakers must face South. Cannot exceed noise ordinance. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA hereby approve and adopt the Operational Guidelines for South Pointe Park set forth herein relating to the park hours, bicycles, and skateboards, motorized vehicles, fishing and swimming in the park, the rental of the recreational center, fields and pavilion (rooftop), and City-produced special events in the park, as recommended, in part, by the NCAC at its meeting of February 16, 2010. PASSED and ADOPTED this 14 day of April, 2010. ATTEST: Philip Le; ne.';!- •r R ael E. Granad., City Clerk %%%..%%%%%%%%%% APPROVS TO %%q+► FORM&LANGUAGE EDA �i &F EXE UTION if S if5 • $ City Attorney Date o - ,* -,1NCORP ORATED . H T:IAGENDA120101April 141Regular1 Amended Resolution - Establishment of South Pointe Park Operational Guidelines (Revised on 5-7-15 VP).doc PROPOSED SOUTH POINTE PARK OPERATIONAL RULES (rev. 4/14/10) GENERAL PARK HOURS Park: Sunrise to 10:00 p.m. Cutwalk: Sunrise to 2:00 a.m. BICYCLES & SKATEBOARDS Permitted on paved walkways only, Excluding the elevated portion of serpentine walkway. MOTORIZED VEHICLES Prohibited except for officially authorized government and government contractor vehicles. FISHING OR SWIMMING Prohibited in the park. FACILITY RENTAL Available when not programmed for public use. No sales/service/consumption of alcoholic beverage (Community Room in Pavilion permitted. Amplified sound/live entertainment permitted inside between 10:00 a.m. and 8:00 p.m. (with Building) doors closed; no waivers of noise ordinance). Event cannot exceed occupancy limits; PLAYGROUND/TOT LOT Rentals not permitted for playground area or adjacent areas with tables. PAVILION Pavilion rooftop rentals are not permitted. SPECIAL EVENTS • TYPE CITY-PRODUCED SPECIAL EVENTS Cultural or recreational events (or other events) PERMITTED USE produced or sponsored by the City; open to the general public. LOCATION Use areas not restricted; mostly use west lawn. FREQUENCY Max of six per fiscal year Max. two days per event plus max. two days set up and removal per event; setup & removal may not restrict public access to the park. HOURS/DURATION Consistent with Park hours OF EVENT ALCOHOLIC No sales/service/consumption of alcoholic beverages BEVERAGES permitted. AMPLIFIED Permitted from 10:00 am to 10:00 pm (or later to SOUND/LIVE accommodate a "Movie in the Park") , ENTERTAINMENT • Speakers must face south ■ Cannot exceed noise ordinance T:WGENDA\20I01April I4\Regular\Establishment of South Pcinte Park Operational Guidelines Chart(Revised on 5-7-15 VP).doc COMMISSION ITEM SUMMARY Condensed Title: A Resolution,approving and adopting the basic operational guidelines for South Pointe Park relating to park hours, bicycles and skateboards, motorized vehicles, fishing and swimming in the park, rental of the recreational center, fields and pavilion (rooftop) and special events as recommended by the Neighborhoods/Community Affairs Committee on February 16, 2010. • Key Intended Outcome Supported: Increase Satisfaction with Recreational Programs Supporting Data(Surveys, Environmental Scan,etc.): Miami Beach Customer Survey indicates 84.9%of residents rated the City's Recreation programs as either excellent or good. • Issue: Shall the Mayor and City Commission adopt the resolution? Item Summary/Recommendation: The initial discussion concerning the operational issues of the newly reconstructed South Pointe Park was held on February 17, 2009, at the Neighborhoods/Community Affairs Committee meeting.The Administration requested direction on issues such as park hours,facility and field rentals, motorized and non-motorized vehicles in the park, programming and special events. Subsequent meetings with the community and the Neighborhoods/Community Affairs Committee were held over the next several months to gain additional input from the residents and Commission related to the operational issues resulting in recommendations from the Committee being forwarded to the full Commission. The item was first included in the July 15, 2009 Commission agenda, but it was not reached. It was then included in subsequent agendas. At the December 9`h meeting it was recommended that, in deference to our new Commissioners, the item be referred back to the Neighborhoods/Community Affairs Committee for discussion.At the December 9,2009 Commission meeting,the item was referred to the February 16,2010 Neighborhoods/Community Affairs Committee meeting to allow the new Commissioners to understand the issues under consideration. At the meeting the Administration presented the background and history of the issue. The Neighborhoods/Commu,mity Affairs Committee members held a comprehensive discussion and supported the previously recommended operational guidelines for Park Hours,Bicycles,Skateboards,Motorized Vehicles,Fishing and Swimming in the Park, Recreational Center ("Community Room") Rental, Playground Rental and Pavilion (rooftop) Rentals. However, the Committee recommended that Field Rentals and a limited number of Special Events should be permitted under specific conditions, and as noted in the attached. It is recommended that the Commission approve the proposed operational guidelines for South Pointe Park Advisory Board Recommendation: Discussed and/or recommended by the Neighborhoods!Community Affairs Committee on February 17,2009,June 17, 2009 February 16, 2010. Financial Information: Source of Amount Account Funds: 1 2 OBPI Total Financial Impact Summary:Field Rentals and Community Room rentals shall generate revenue for the City. City Clerk's Office Legislative Tracking: I Kevin Smith, Parks& Recreation Director Sign-Offs: Department Director Assi ant City Manager City Manager KS I 40144' 3 T:\AGENDA\20101April 14\Regular\Establishment of South-Pointe Park Operational Guidelines.Summary.doc AGENDA D4EM " B P MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: MM Jr Maui Herr a Bower a embers of the City Commission FROM: Jof e M.JonCityMana .9 Gonzalez, DATE: April 14, 2010 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING THE BASIC OPERATIONAL GUIDELINES FOR SOUTH POINTE PARK RELATING TO PARK HOURS, BICYCLES AND SKATEBOARDS, MOTORIZED VEHICLES, FISHING AND SWIMMING IN THE PARK, THE RENTAL OF THE RECREATIONAL CENTER (COMMUNITY ROOM), FIELDS AND PAVILION (ROOFTOP), AND SPECIAL EVENTS IN THE PARK AS RECOMMENDED BY THE NEIGHBORHOODS/ COMMUNITY AFFAIRS ' COMMITTEE AT ITS MEETING OF FEBRUARY 16, 2010. BACKGROUND The initial discussion concerning the operational issues of the newly reconstructed South Pointe Park was held on February 17, 2009, at the Neighborhoods/ Community Affairs Committee meeting, prior to the opening of the park. The discussion focused on a number of issues, including the park's proposed maintenance, security and programming plans, and the assigned responsibilities of various departments contributing to the successful operations of the new South Pointe Park. The Administration also requested direction and guidance on pending issues that would ultimately shape the future uses of the park. These included, but were not limited, to such matters as park hours, facility and field rentals, motorized and non-motorized vehicles in the park, programming and special events. On May 12, 2009, a community meeting was held at the South Pointe Park community room. The purpose of the meeting was to gain additional input from the residents as to operational issues. On June 17, 2009 the proposed operational guidelines were discussed at the Neighborhoods/Community Affairs Committee. Input received from the residents was referenced, as appropriate (Attached, please find the memorandum submitted for the June 17, 2009, Neighborhoods/Community Affairs Committee titled "Follow-up Discussion Concerning the Potential Operational Issues Related To the Newly Reconstructed South Pointe Park"). As you will note, the item provided suggested parameters for various operational issues for the Committee's consideration. Following their discussion on June 17, 2009, the Neighborhoods/Community Affairs Committee moved the following operational guidelines to Commission with a recommendation for approval: • Park Hours: Establish the hours as recommended previously, which is sunrise to 10:00pm for the park, with the hours of the cutwalk mirroring the hours of Smith and Wollensky's. • Bicycles/skateboards: Restrict bicycles and skateboards from being ridden on the elevated portion of the serpentine walkway. Bicycles and skateboards to be permitted in all other Commission Memorandum April 14, 2010 Adopting the Basic Operational Guidelines for South Pointe Park Page 2 of 5 pathways in the park, including the cut walk. Staff is to monitor the use of the serpentine by children with scooters and report back. • Motorized Vehicles: No unauthorized motorized vehicles in the park. e Fishing and swimming: There would be no swimming or fishing in the park, and fishing would not be permitted until such time as the fishing pier reopens, and then only from the pier. e Recreational Center("Community Room") Rental: Rentals of the recreational center will be permitted for single events and under-specific terms and conditions and when the center is available (un-programmed) by the park. There will be no alcohol permitted; and amplified music is permitted, but only from 10:00am to 8:00pm, cannot violate the noise ordinance, and the doors must be closed during amplified music. Renters cannot charge admission. The proposed rental fees would be in accordance with rental rates approved and established for interior building rentals in our parks system, as approved by the City Commission in 2003. Please note that"resident rates" refers to Miami-Dade County residents, as well. • Playground Rental: No rentals of the playground area are allowed as it is too heavily used. • Field Rental: No rental of the fields to be allowed. • Pavilion (rooftop) Rental: No rental of the pavilion to be allowed. • City-Produced Special Events: City-produced special events are those events that the City's Parks and Recreation Department, Tourism and Cultural Development Department or other City Department develop for the purpose of providing recreational, educational and/or cultural entertainment to the general public, primarily focused for our residents. These city-produced events were to be limited to no more than six (6) per fiscal year and would have priority over any non-city produced special events. No city-produced special event can extend longer than two days in duration (setup and removal may not exceed two additional days); setup and removal cannot restrict public access to the park; any live or amplified sound is to face south and not begin earlier than 10:00am and conclude by 10:00pm; and no alcohol is permitted. The remaining issue that did not reach a conclusion was the issue of permitting non-city produced special events in South Pointe Park; this issue was referred to the City Commission without recommendation. COMMISSION DISCUSSIONS/ACTIONS The item was first included in the July 15, 2009 Commission agenda, but it was not reached. It was then included in subsequent agendas (September 9th and December 9th, 2009). At the December 9th meeting it was recommended that, in deference to our new Commissioners, the item be referred back to the Neighborhoods/Community Affairs Committee for discussion. The item was referred to the February 16, 2010 Neighborhoods/Community Affairs Committee meeting. At the meeting the Administration presented the background and history of the issue. The Administration further restated its agreement and support of the previously discussed operational recommendations/guidelines including: • Park Hours • Bicycles, Skateboards • Motorized Vehicles • Fishing and Swimming in the Park • Recreational Center ("Community Room") Rental • Playground Rental • Field Rental • Pavilion (rooftop) Rentals • City-Produced Special Events Commission Memorandum April 14, 2010 Adopting the Basic Operational Guidelines for South Pointe Park Page 3 of 5 The Administration requested that Committee review the previous recommendations and provide direction on the various issues, as well as providing guidance related to the pending issues of non-city produced/non-recreational special events in South Pointe Park. The Neighborhoods/Community Affairs Committee members held a comprehensive discussion of the issues and recommended the previously discussed operational guidelines for Park Hours, Bicycles, Skateboards, Motorized Vehicles, Fishing and Swimming in the Park, Recreational Center ("Community Room") Rental, Playground Rental, and Pavilion (rooftop) Rentals. Following discussion on potential uses of the park, the Committee also recommended that Field Rentals should be available under very controlled conditions. As a result of the Committee direction, the following conditions for Field Rentals at South Pointe Park have been developed for consideration: • The east lawn would not be available for field rentals; • Field rentals would only be available for non-league, non-organized play or small scale private/non-commercial events (fewer than 100 persons) that do not require temporary structures (e.g. tents requiring permits) or other supports that would require a special event permit; • Field rentals would be available during the hours of 10:00 A.M. and 6:00 P.M., weekdays (Monday—Thursday) only; • There would be no field rentals on weekends (Friday — Sunday) or on holidays, and no field rental would be permitted if there is an approved special event (City-produced, non-city recreational, etc.) occurring at the park on the requested day; • Field rentals would be for private events not open to the general public; • Any field rental is for a maximum four(4) hour duration, including set-up and removal; • There can be no sales/service/consumption of alcoholic beverages as part of a field rental. • A damage/clean-up deposit may be required at the time the field rental agreement is approved; this deposit will be refunded following the event if the terms and conditions of the rental are met. • No live entertainment or amplified sound is permitted; a loudspeaker would only be permitted for event management(as needed). It is recommended that the proposed field rental fees be set in accordance with the rates approved and established for field rentals in our parks system, as approved by the City Commission in 2003. They are as follows: Resident (Including Miami-Dade County) Non-Resident No Admission No Admission • $150.00 $300.00 Additional costs for field rentals include staffing at $25.00 per hour per staff, four hour minimum, and the number of staff to be determined by the Parks and Recreation Department. Insurance, janitorial and/or other direct costs are not included in the field rental amount. SPECIAL EVENTS The issue of Special Events at South Pointe Park has generated the most discussion in terms of operational issues for the Park. The Park's unique characteristics, as well as its location, availability for parking, proximity to dense residential etc., are all considerations..Three very specific and distinct categories of Special Events were discussed by the Committee. The Committee recommended that all three (3) categories of special events be permitted under specific terms and conditions. Commission Memorandrim April 14, 2010 Adopting the Basic Operational Guidelines for South Pointe Park Page 4 of 5 City-Produced Special Events As previously defined, City-produced special events are those events that the City's Parks and Recreation Department, Tourism and Cultural Development Department or other City department develop for the purpose of providing recreational, educational and/or cultural entertainment to the general public, primarily focused for our residents. Examples include but not are limited to Movie in the Park, Arts in the Park or other activity offered by the City. The Committee recommended that these events be permitted, with the following conditions as recommended by staff: • The total number of city-produced events would be six (6) per fiscal year; • City-produced special events will have priority over non-city special events; • No City sponsored special event will extend more than two (2) days in duration. Set up and removal may not exceed two (2) additional days in total; • Setup and removal cannot restrict public access to the park; • No sales/service/consumption of alcohol is permitted; • Any live entertainment/amplified sound: o Must face south o May not begin before 10:00 A.M. o Must conclude by 10:00 P.M. (unless it is a "Movie in the Park") Residents have generally indicated that they are supportive of this type of special event. It should be noted that based on current programming schedules and resources, it is likely that the City would not produce as many Special Events as would be permitted based on this recommendation by Committee. Non-City Produced Special Events (Recreational and Non-City Produced/Non- Recreational Events) Non-city produced special- events were discussed as two types: those with a recreational purpose, and those for entertainment/other. For purposes of the Committee meeting, staff had identified a non- city-produced "special event" as any organized event that anticipates the attendance of more than 100 persons, or any event that requires a set up beyond that which would be permitted as part of the typical use of a public park or which could be accommodated by a field rental (e.g. a 90-person private picnic that requires permitted tents, an event on a Saturday). Non-City p_roduced recreational special events These special events would include activities such as a marathon, triathlon, the Barefoot Mailman Walk, etc. These events were generally well-received and the general consensus among committee members and residents present at the meeting was that they should be permitted (although certainly with the expectation that they would follow special events guidelines). The city would consider recreational events, such as the Barefoot Mailman Walk, a meeting point for a triathlon, etc. on a case-by-case basis and with sufficient conditions to mitigate any impacts to the neighborhood and park. Other conditions include, but are not limited to: • These recreational special events would be submitted via the Special Events process, • There can be no sales/service or consumption of alcoholic beverages. • • No amplified sound or live entertainment is permitted, although the use of loudspeakers for event management is allowed. • While there is currently no limit on the number of these events, there can be no more than two in a single month and no more than one in a given week. • • Cannot use the east lawn. Non-City produced/non-recreational special events These special events are non-recreational events such as weddings or concerts, or any other event that could not occur via a field rental (e.g. day of week, number of hours, placement of structures, etc.). Staff discussed the unique qualities of this park, and the neighborhood concerns relating to non- e Commission Memorandum April 14, 2010 Adopting the Basic Operational Guidelines for South Pointe Park Page 5 of 5 City produced/non-recreational special events, and developed parameters for the Committee's consideration should the Committee recommend permitting these types of special events at South Pointe Park. These conditions would be in addition to any and all current requirements of the special events process managed by the City's Tourism and Cultural Development Department). Specifically, these conditions included: o The east lawn would not be available for non-city special events; o The total number and frequency of non-city, non-recreational special events in a year should • be limited. The example provided for the committee was no more than six (6) per fiscal year, no more than two (2) non-city, non-recreational special events in a single month, and no more than one (1) non-city, non-recreational special event per week. o For purposes of this limitation, this limit would relate to non-city, non-recreational special events to include, but not limited to, weddings, concerts, etc. o No permitted non-city, non-recreational special event would extend more than one day in duration. Set-up and removal may not exceed two (2) days in total; o No non-city, non-recreational special event can be permitted that anticipated an attendance in excess of 500 persons, o No non-city special event would operate past the park's established closing hour of 10:00 P.M. and could not begin earlier than 10:00 a.m. o No amplified sound or live entertainment is permitted, although the use of loudspeakers for event management is allowed. o No sales/service/consumption of alcoholic beverages. Following the discussion of the special events (city-produced/sponsored, recreational and non- recreational), the Committee recommended that City Produced/Sponsored Special Events be permitted as proposed, with the conditions presented; and that Non-City Produced Special Events (including Recreational and Non-Recreational activities) be permitted with the conditions presented, except the proposed frequency. While staff had proffered no more than six (6) non-city, non- recreational special events per fiscal year, the Committee modified this recommendation to permit no more than six (6) events in a six (6) month period (and no more than two (2) non-city special events in a single month, and no more than one (1) non-city special event per week), and for staff to report back to the City Commission after a six (6) month period. A matrix reflecting the operational issues, and delineating the conditions recommended for field rentals and the three types of special events is attached as Exhibit A. CONCLUSION The Administration recommends that the Commission adopt the basic operational guidelines for South Pointe Park as they relate to the park hours of operation, bicycles and skateboards, motorized vehicles, fishing and swimming in the park, the rental of the recreational center, fields and pavilion (rooftop), and special events in the park, as recommended by the Neighborhoods/Community Affairs Committee at their meeting of February 16, 2010. JMG/HMF/KS T:\AGENDA12010\April 14\Regular\Establishment of South Pointe Park Operational Guidelines II memo(3).doc EXHIBIT A PROPOSED SOUTH POINTE PARK OPERATIONAL RULES (rev. 3/9®/90) GENERAL PARK HOURS Park:Sunrise to 10:00 p.m. Cutwalk:Sunrise to 2:00 a.m. BICYCLES & SKATEBOARDS Permitted on paved walkways only, Excluding the elevated portion of serpentine walkway. MOTORIZED VEHICLES Prohibited except for officially authorized government and government contractor vehicles. FISHING OR SWIMMING Prohibited in the park. FACILITY RENTAL Available when not programmed for public use. No sales/service/consumption of alcoholic beverage (Community Room in Pavilion permitted. Amplified sound/live entertainment permitted inside between 10:00 a.m. and 8:00 p.m. (with Building) doors closed; no waivers of noise ordinance). Event cannot exceed occupancy limits; PLAYGROUND/TOT LOT Rentals not permitted for playground area or adjacent areas with tables. PAVILION Pavilion rooftop rentals are not permitted. SPECIAL EVENTS CITY-PRODUCED NON CITY-PRODUCED NON CITY- PRODUCED, FIELD RENTALS TYPE SPECIAL EVENTS RECREATIONAL NON-RECREATIONAL SPECIAL EVENTS SPECIAL EVENTS Cultural or recreational Organized recreational Non-recreational special Recreational or non- events(or other events) events not produced by the events not produced by the recreational use of a field for produced or sponsored by City(e.g. biathlons, city(e.g. wedding, company non-league, non-organized the City; open to the triathlons, kite flying)that picnic, etc)that require a play/small scale private/non- general public. require a special event special event permit commercial events that do not permit because: because: require a special event permit PERMITTED USE ■ More than 100 people • More than 100 people because: expected; and/or expected; and/or • Only the use of the field (no ■ cannot be handled as a • Cannot be handled as a buildings); field rental; and/or field rental; and/or • Fewer than 100 persons; • Requires placement of • Requires placement of • Requires no temporary tents, etc. and/or tents, etc structures/supports. Max of 500 persons Max of 100 persons LOCATION Use areas not restricted; No use of the east lawn No use of the east lawn No use of the east lawn mostly use west lawn. FREQUENCY Max of six per fiscal year No limit, but: Max. of six per six months' No limit, but: • Max. two in a single Max. two in a single month • Only Monday-Thursday Max. two days per event month Max. one in a given week • No field rentals on holidays plus max. two days set up • Max. one in a given week • Field rentals not permitted and removal per event; Max. one day per event plus the same day as any setup& removal max. two days set up and special event in the Park. may not restrict public i removal per event. Max. rental for four(4) hours access to the park. ; duration, including set-up and *for trial period removal. HOURS/DURATION Consistent with Park Consistent with Park hours Event hours from 10:00 am Field rentals permitted from OF EVENT hours to 10:00 pm 10:00 am to 6:00 pm only ALCOHOLIC No sales/service/ No sales/service/ No sales/service/ No sales/service/consumption BEVERAGES consumption of alcoholic consumption of alcoholic consumption of alcoholic of alcoholic.beverages beverages permitted. beverages permitted. beverages permitted. permitted. AMPLIFIED Permitted from 10:00 am No live entertainment or No live entertainment or No live entertainment or SOUND/LIVE to 10:00 pm (or later to amplified sound. Limited use amplified sound. Limited use amplified sound. Limited use of ENTERTAINMENT accommodate a"Movie in of loudspeakers for event of loudspeakers for event loudspeakers for event the Park") management permitted. management permitted no management permitted no • Speakers must face Schedule for use to be earlier than 10:00 am and earlier than 10:00 am and no south approved in advance, but no no later than 8:00 pm. later than 6:00 pm. • Cannot exceed noise later than 8:00 pm. ordinance OTHER • City-produced special • Must apply for special • Must apply for special • Refundable deposit for events have priority event permit; event permit; damage/clean-up may be over non-City • All regular special event • All regular special event required. requirements will apply requirements will apply • Field rental fee applies (e.g. notifications/sign- (e.g. notifications/sign- • Staffing /fee may be offs, parking &sanitation offs, parking &sanitation required. plan, security deposit, plan, security deposit, • Field Rental application to etc) etc) include use conditions/ • Special Event Permit to • Special Event Permit to restrictions include use conditions/ include use conditions/ restrictions restrictions T:\AGENDA\2010\April I 4\Regular\Establishment of South Pointe Park Operational Guidelines Chart.doc RESOLUTION NO. 2002-2473t A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING GUIDELINES FOR THE APPROVAL OF RENTAL FEE WAIVERS REQUESTED BY QUALIFIED GROUPS,ORGANIZATIONS OR OTHER USERS OF THE MIAMI BEACH PARKS AND RECREATION DEPARTMENT'S PARKS AND RECREATION FACILITIES AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO IMPLEMENT SAID GUIDELINES. WHEREAS, the Parks and Recreation Department's recreational facilities are regularly being utilized by various groups and organizations for activities including but not limited to cultural performances and presentations, educational activities, fund raising events, community meetings and other activities that benefit our residents; and WHEREAS, often times these users request a waiver of the rental fee; and WHEREAS, in the past the Administration, via the Parks and Recreation Department have approved fee waivers for the use of Parks and Recreational Facilities (including, but not limited to specific parks, fields, multi use courts,community centers, bandshells, theater and open space areas)for Miami Beach and non Miami Beach Community Groups, based on a policy recommendation approved by the City Manager in October of 1984; and WHEREAS, based on the increasing number of rental fee waiver requests and the Administration's desire to formalize a rental fee waiver process the Parks and Recreation Department in conjunction with the Parks and Recreational Facilities Board began to review this issue and develop a set of guidelines they recommend be following when considering such"a request; and WHEREAS, a presentation and discussion was held at the September 21, 2000, meeting of the Finance and Citywide Projects Committee and at that time the Committee was informed of the direction this matter was taking and supported the Administration proceeding with the plan; and WHEREAS, this process continued at the Parks and Recreational Facilities Board meeting on February 14, 2001,when the Board reviewed and voted unanimously to recommend the fee waivers guidelines as presented be implemented; and WHEREAS, the review process concluded at a joint meeting of the Finance & Citywide Projects Committee and Community Affairs Committee held on December 12, 2001 with the Members recommending the acceptance of the guidelines with minimal modifications which are now incorporated in guidelines; and { WHEREAS,the following are the guidelines for rental waivers as recommended: Guidelines for Rent Waiver Consideration A group seeking any adjustment of waiver of cost or rent must first submit a written request to the City's Parks and Recreation Department for consideration and recommendation for approval from the Administration(the City Manager or his designee). The group must submit a detailed written description of the event, its history, and why the request should be considered for adjustment. Financial Information required for non-profit, 501 C-3 organizations The group must supply financial information, upon request, relative to the use of funding for its stated service mission. The group must disclose its efforts in securing corporate and private sponsorships. Cost or Rent Waiver Amount Guidelines The Administration may waive up to 100% of the rent, providing the event principally benefits the citizens of Miami Beach or is based in Miami Beach, or has significant community impact. All requests will be forwarded on a case by case basis to City Managerfor approval/ disapproval, with a recommendation from the requesting City Department describing any unique elements or special circumstances of the request. The City Manager shall have the ability to examine requests that may be outside the guidelines and therefore considered exceptional and grant the waiver request, if deemed appropriate and in the best interest of the City. Recommendation will include all direct costs, problems and any other pertinent information that the recommending City Department is aware of. No group, organization, business or other user may exceed the total allowed waivers in a one-year period as stipulated in each of the user categories. The following criteria shall be used by the appropriate City Department in making its recommendation: A. Non-Profit Organizations with 501-c-3 Designation • Miami Beach Based -Must provide a copy of 501-c-3 certificate with Miami Beach street address and contact. -Up to 100%waiver(rent only)for an event or meeting with no admission or donation. -Up to 50%waiver(rent only)for pre-set admission/donation "gated" events or meetings. . . -One waiver per month, maximum of 6 per year, per user organization. -Must pay all direct costs. -Must provide insurance as appropriate. • Not Miami Beach Based -Must provide copy of 501-c-3 certificate with organizational street address and contact. -Up to 100%waiver(rent only)for an event or meeting with no admission or donation. -Up to 50%waiver(rent only)for admission/donation "gated"event or meeting. -One waiver per month, maximum 3 per year, per user organization. -Must pay all direct costs. • -Must provide insurance as appropriate. -In the event of a scheduling conflict any Miami Beach based organization receives priority. B. "Not for Profit" Organizations/Groups without 501-c-3 Designation (i.e. PTA's, Booster Clubs, Condominium Organizations/Senior Citizen/social groups, local sports organizations) • Miami Beach Based -Must provide program outline or letter describing community and/or educational value of usage.To be evaluated by Department. -Up to 100%waiver(rent only)for an event or meeting with no admission or donation. -Up to 50%waiver(rent only)for admission/donation"gated"events or meetings. -One waiver per month, maximum 6 per year, per user organization. -Must pay all direct costs. -Must provide insurance as appropriate. • ••Not Miami Beach Based -Must provide program outline or letter describing community and/or educational value of usage. To be evaluated by Department. -Up to 50% waiver(rent only)for an event or meeting with no admission or donation. -Up to 25%waiver(rent only)for admission/donation "gated"event or meeting. -One waiver per month, maximum 3 per year, per user organization. -Must pay all direct costs. -Must provide insurance as appropriate. C. Professional and/or Community service organizations, government agencies_ or businesses. -Must provide program outline or letter describing community and/or educational value of usage. To be evaluated by Department. -Up to 100%waiver(rent only)for an event or meeting with no admission or donation. -Up to 50% waiver(rent only)for admission/donation "gated"event or meeting. -One waiver per month, maximum 3 per year, per user organization. -Must pay all direct costs. - -Must provide insurance as appropriate. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY • COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve the Guidelines set forth herein for the Approval of Rental Fee Waivers Requested by Qualified Groups, Organizations or Other Users of the Miami Beach Parks and Recreation Department's Parks and Recreation Facilities and A orize the City Manager or His Designee to Implement Said Guidelines. Si and ADOPTED this 30th day of January, 2002. irt.s i:_ OR ATTEST: ,ji,“/T1-- &A-4,— CITY CLERK JMG/RCM/KS L\CMGRIAGENDAl20021JAN30021REGULARtFee Waiver 1-30-02.2RES..doc APPROV171 AS TO FORM&LANGUAGE &FOR Er CUTION Or City Atto "y Data RESOLUTION NO. 2002-247331- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING GUIDELINES FOR THE APPROVAL OF RENTAL FEE WAIVERS REQUESTED BY QUALIFIED GROUPS,ORGANIZATIONS OR OTHER USERS OF THE MIAMI BEACH PARKS AND RECREATION DEPARTMENT'S PARKS AND RECREATION FACILITIES AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO IMPLEMENT SAID GUIDELINES. WHEREAS, the Parks and Recreation Department's recreational facilities are regularly being utilized by various groups and organizations for activities including but not limited to cultural performances and presentations, educational activities, fund raising events, community meetings and other activities that benefit our residents; and WHEREAS, often times these users request a waiver of the rental fee; and WHEREAS, in the past the Administration, via the Parks and Recreation Department have approved fee waivers for the use of Parks and Recreational Facilities • (including, but not limited to specific parks, fields, multi use courts, community centers, bandshells, theater and open space areas)for Miami Beach and non Miami Beach Community Groups, based on a policy recommendation approved by the City Manager in October of 1984; and WHEREAS, based on the increasing number of rental fee waiver requests and the Administration's desire to formalize a rental fee waiver process the Parks and Recreation Department in conjunction with the Parks and Recreational Facilities Board began to review this issue and develop a set of guidelines they recommend be following when considering such a request; and WHEREAS, a presentation and discussion was held at the September 21, 2000, meeting of the Finance and Citywide Projects Committee and at that time the Committee was informed of the direction this matter was taking and supported the Administration proceeding with the plan; and WHEREAS, this process continued at the Parks and Recreational Facilities _. Board meeting on February 14, 2001,when the Board reviewed and voted unanimously to recommend the fee waivers guidelines as presented be implemented; and WHEREAS, the review process concluded at a joint meeting of the Finance & Citywide Projects Committee and Community Affairs Committee held on December 12, 2001 with the Members recommending the acceptance of the guidelines with minimal modifications which are now incorporated in guidelines; and WHEREAS,the following are the guidelines for rental waivers as recommended: Guidelines for Rent Waiver Consideration A group seeking any adjustment of waiver of cost or rent must first submit a written request to the City's Parks and Recreation Department for consideration and recommendation for approval from the Administration (the City Manager or his designee). The group must submit a detailed written description of the event, its history, and why the request should be considered for adjustment. Financial information required for non-profit,501 C-3 organizations • The group must supply financial information, upon request, relative to the use of funding for its stated service mission. The group must disclose its efforts in securing corporate and private sponsorships. Cost or Rent Waiver Amount Guidelines The Administration may waive up to 100% of the rent, providing the event principally benefits the citizens of Miami Beach or is based in Miami Beach, or has significant community impact. All requests will be forwarded on a case by case basis to City Manager-for approval/ disapproval,with a recommendation from the requesting City Department describing any unique elements or special circumstances of the request. The City Manager shall have the-ability to-examine requests-that may-be outside-the guidelines-and therefore considered exceptional and grant the waiver request, if deemed appropriate and in the best interest of the City. Recommendation will include all direct costs, problems and any other pertinent information that the recommending City Department is aware of. No group, organization, business or other user may exceed the total allowed waivers in a one-year period as stipulated in each of the user categories. • The following criteria shall be used by the appropriate City Department in making its recommendation: A. Mon-Profit Organizations with 501-c-3 Designation • Miami Beach Based - -Must provide a copy of 501-c-3 certificate with Miami Beach street address and contact. -Up to 100%waiver(rent only) for an event or meeting with no admission or donation. -Up to 50%waiver(rent only)for pre-set admission/donation "gated" events or meetings. -One waiver per month, maximum of 6 per year, per user organization. -Must pay all direct costs. -Must provide insurance as appropriate. • Not Miami Beach Based -Must provide copy of 501-c-3 certificate with organizational street address and contact. -Up to 100%waiver(rent only)for an event or meeting with no admission or donation. -Up to 50%waiver(rent only)for admission/donation "gated"event or meeting. -One waiver per month, maximum 3 per year, per user organization. -Must pay all direct costs. • -Must provide insurance as appropriate. -In the event of a scheduling conflict any Miami Beach based organization receives priority. B. "Not for Profit" Organizations/Groups without 501-c-3 Designation (i.e. PTA's, Booster Clubs, Condominium Organizations/Senior Citizen/social groups, local sports organizations) • Miami Beach Based -Must provide program outline or letter describing community and/or educational value of usage.To be evaluated by Department. -Up to 100%waiver(rent only)for an event or meeting with no admission or donation. -Up to 50%waiver(rent only)for admission/donation "gated"events or meetings. -One waiver per month, maximum 6 per year, per user organization. -Must pay all direct costs. -Must provide insurance as appropriate. ••Not Miami Beach Based -Must provide program outline or letter describing community and/or educational value of usage. To be evaluated by Department. -Up to 50%waiver(rent only)for an event or meeting with no admission or donation. -Up to 25%waiver(rent only)for admission/donation "gated"event or meeting. -One waiver per month, maximum 3 per year,per user organization. -Must pay all direct costs. -Must provide insurance as appropriate. C. Professional and/or Community service organizations, government agencies_ or businesses. -Must provide program outline or letter describing community and/or educational value of usage. To be evaluated by Department. -Up to 100%waiver(rent only)for an event or meeting with no admission or donation. -Up to 50%waiver (rent only) for admission/donation "gated"event or meeting. -One waiver per month, maximum 3 per year, per user organization. -Must pay all direct costs. -Must provide insurance as appropriate. NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR'AND CITY I • COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve the Guidelines set forth herein for the Approval of Rental Fee Waivers Requested by Qualified Groups, Organizations or Other.Users of the Miami Beach Parks and Recreation Department's Parks and Recreation Facilities and A orize the City Manager or His Designee to Implement Said Guidelines. S,!_and ADOPTED this 30th day of January, 2002. OR ATTEST: 101,wri- CITY CLERK MG/RCM/KS LICMGRIAGENDA12002VAN30021REGULARTee Waiver 1-30-022RES..doc APPROVE"AS TO FORM&LANGUAGE &FOR E,.iCUTION City Daft Resolutions - C7 L MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: March 19, 2025 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, AT ITS MARCH 12, 2025 MEETING, AND DIRECTING ADMINISTRATION TO ESTABLISH A MONTHLY FRENCH MARKET AT THE SOUTH POINTE PARK WASHINGTON AVENUE ENTRY PLAZA, HOSTED BY THE FRENCH AMERICAN ASSOCIATION OF CRAFTS AND TRADES CORP., FOR A SIX-MONTH PILOT WITH ALL RENTAL FEES WAIVED, AND FURTHER AUTHORIZING THE CITY MANAGER TO APPROVE A PERMANENT MONTHLY FRENCH MARKET, ALONG WITH THE WAIVER OF ANY FEES ASSOCIATED WITH THE RENTAL OF THE EVENT SPACE, SHOULD THE PILOT PROGRAM BE SUCCESSFUL. RECOMMENDATION Item to be submitted in Supplemental. BACKGROUND/HISTORY ANALYSIS FISCAL IMPACT STATEMENT Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hail/city-clerk/meeting-notices/ FINANCIAL INFORMATION N/A CONCLUSION Page 256 of 1157 Applicable Area South Beach Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? Yes No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481 L includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Parks and Recreation Sponsor(s) Commissioner Kristen Rosen Gonzalez Co-sponsor(s) Condensed Title Accept Rec, Establish Monthly French Market at South Pointe Park Washington Ave Entry Plaza. (KRG) PKS Previous Action (For City Clerk Use Only) Page 257 of 1157