Loading...
2008-3620 OrdinanceORDINANCE NO. 2008-3620 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY QF MIAMI BEACH, FLORIDA, AMENDING ARTICLE VI OF THE CITY CODE, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS;" AMENDING SECTION 82-501(c) THEREOF, ENTITLED "GENERALLY;" AMENDING SECTION 82-502 THEREOF, ENTITLED "DEFINITIONS;" AND AMENDING SECTION 82-503 THEREOF, ENTITLED "NAMING OF PUBLIC FACILITIES;" SAID AMENDMENTS PROVIDING AND ESTABLISHING CRITERIA FOR THE CO-NAMING OF STREETS IN THE CITY OF MIAMI BEACH IN HONOR OF MIAMI BEACH POLICE OFFICERS WHO DIED OR WERE KILLED IN THE LINE OF DUTY; AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, in an effort to honor City of Miami Beach Police Officers who have made the ultimate sacrifice and service to the City of Miami Beach, and who have been killed or died in the line of duty, the Mayor and City Commission find that it is in the public interest to amend the City's procedures for naming of public facilities and establishment of monuments and memorials, as codified in Sections 82-501 through 82-505, of the City Code, to provide for the co-naming of City streets in memory of the service and sacrifice of these officers. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 82, Article VI, Sections 82-501(c), 82-502, and 82-503, respectively, are amended as follows: **** Sec. 82-501. Generally. (a) No public facility located in or owned by the city shall be named except in accordance with the procedures set forth in this article. (b) No monument or memorial shall be established within the city except in accordance with the procedures set forth in this article. (c) Effective upon adoption of this article, no street located in the city shall be hereafter named, renamed, or co-named after any person or persons, living or deceased, except as provided in Section 82-503(d) hereof. The Bass Museum of Art, the city-owned building, located at 2200 Liberty Avenue, Miami Beach, Florida (the Miami City Ballet Building), and the city-owned cultural facility referred to as the "Jackie Gleason Theater of the Performing Arts," located at 1700 Washington Avenue, Miami Beach, Florida, shall be exempt from the provisions of this article, as hereinafter provided: The Miami City Ballet Building shall only be exempt for so long as: (1) Said building is occupied, operated and maintained by Miami City Ballet, Inc., anot- for-profit corporation; (2) The building is used as the principal headquarters, administrative offices, and studio and teaching facilities of the Miami City Ballet; and (3) Miami City Ballet, Inc., remains in good standing and free from defaults under that certain lease agreement for the Miami City Ballet Building between the city, as landlord, and Miami City Ballet, Inc., as tenant. The exemption for the Miami City Ballet Building shall automatically terminate upon the earlier of the expiration or other termination of the aforestated lease agreement between the parties. Ord. No. 2000-3266, § 1, 9-27-00; Ord. No. 2006-3507, § 1, 3-8-06; Ord. No. 2007-3562, § 1, 6-6- 07) Sec. 82-502. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Committee means the community affairs committee created by the city commission on March 18, 1998, or any other such committee designated by the city commission to review and recommend names for public facilities and approve the establishment of monuments or memorials to be located within or owned by the city. Memorial means a site, art work or structure created to preserve the memory of a significant event(s) or person(s). Monument means a bust, sculpture, or similar structure, erected in honor of a significant event(s) or person(s). Plaza means an open public square. Public facility means any public building, plaza or park owned by the city. Street means that area of a public right-of-wadproved, designed, and ordinarily used for vehicular traffic and/or parking including, without limitation, avenues, roads, drives, lanes, boulevards, courts, and alleypurposes of this article, streets shall only be intended to include City-owned streets, and not State-owned and/or controlled streets. (Ord. No. 2000-3266, § 1, 9-27-00) Sec. 82-503. Naming of public facilities/Co-naming of street. **** Co-naming of streets. Streets located in the city may be co-named in honor of Miami Beach police officers who died or were killed in the line of duty. Whenever a request and/or proposal is made to co-name a street after a Miami Beach police officer who died or was killed in the line of duty, the co-naming shall first be considered and reviewed by the committee according to the following procedures: Anyperson, organization, association, corporation or other entity, including a member of the ci , may_propose that a street be co-named in honor of a Miami Beach police officer who died or was killed in the line of duty by submitting the proposal and/or request in writing to the committee. At a minimum, such proposal and/or request shall include the following (i) the name of the officer; (ii) the street to be co-named; and (iii) the reason for the request and a factual summary including the date and circumstances under which the officer died or was killed in the line of duty. Within a reasonable time after receipt of the proposal and/or request, the committee shall meet to consider and review same. Notice of the meeting shall be liven to the person and/or organization that made the request and/or submitted the proposal. After reviewing the proposal and/or request, the committee shall transmit a written recommendation to the city commission regarding the proposal and/or request; the recommendation may also include any alternative proposals by the committee. Within a reasonable time after receiving the recommendation from the committee, the commission shall call a public hearing regarding the co- naming. Notice of the public hearing shall be published at least 10 days prior to the hearing in a newspaper of general circulation in the city. At the close of the public hearing, the city commission may approve the proposal and/or request.' Any proposal and/or request to co-name a street pursuant to this subsection 82-503(d) must be approved by afive-sevenths vote of the city commission. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to 2008-3620 accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect the 15th day of November 2008. PASSED and ADOPTED this 5th day of November ~ 2008. ATTEST: MA OR Matti Herrera Bower U/L IMJ~'~-- CITY CLERK Robert Parcher F:\atto\AGUR\RESOS-ORD\Naming and co-naming of Public Facilities -Ordinance (Fina19-29-08).doc APPROVED AS TO FORM 8~ ~N,GUAGE ek FOA'~€~!~UTIOP /a zn ~r ate COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Article Vi Of The City Code, Entitled "Naming Of Public Facilities And Establishment Of Monuments Or Memorials;" Amending Section 82-501 (C) Thereof, Entitled "Generally"; Amending Section 82-502 Thereof, Entitled "Definitions"; And Amending Section 82-503 Thereof, Entitled "Naming Of Public Facilities' ;Said Amendments Providing And Establishing Criteria For The Co-Naming Of Streets In The City Of Miami Beach In Honor Of Miami Beach Police Officers Who Died Or Were Killed In The Line Of Duty; And Providing For Codification, Repealer, Severability, And An Effective Date.. Key Intended Outcome Supported: N/A Supporting Data (Surveys, Environmental Scan, etc N/A Issue: Should the City Commission adopt the ordinance on second reading?. Item summary~rcecommenaation: Second Reading, Public Hearing -Since 1928, seven Miami Beach Police Department Officers have been killed or died in the line of duty. In an effort to honor these police officers who made the ultimate sacrifice in service to the City of Miami Beach, it is recommended that the below listed fallen officer's names be added to the designated streets in the City of Miami Beach. These streets are the locations where these officers met their demise: Police Officer Year Died Street Officer David Cecil Bearden 1928 Collins Avenue at 22nd Street Officer William Nichols 1936 Fountain Street at MacArthur Causeway Sergeant Robert Boyle 1936 15th Street at Washington Avenue Officer Donald Bernard Kramer 1984 6th Street at Washington Court Officer John Carroll Koppin 1984 East Palm Midway at North Hibiscus Drive Officer Robert Edward Fitzpatrick 1985 1St Street at Meridian Avenue On June 30, 1988, Miami Beach Police Officer Scott Rakow was killed in the line of duty while conducting a narcotics investigation which emanated in the City of Miami Beach and ended with his death in the area of NE 83rd Street and 9th Avenue in the City of Miami. To honor Officer Rakow's violent death, the City of Miami added Officer Rakow's name to the 83rd Street sign. The renaming or adding of names of police officers and military service personnel who have died or killed in the line of duty is a common practice in many cities across the country as a means to memorialize their service and sacrifice. As a result, it is befitting for the City of Miami Beach to pay tribute to these six officers by adding their names to the designated street signs and show recognition. In an effort to facilitate the addition of the names to the street signs, City staff will work with counterparts from Miami-Dade County Public Works and Florida Department of Transportation. Adviso Board Recommendation: N/A Financial Information: Source of Amount Account Funds: ~ 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Manager Michael Gruen, Planning and Research Office Sian-Offs: Department Director I Assistant City Manager Carlos Noriega, Chief T:\AGENDA\2008\November 5\Regular\Monument Memorial Summary 2nd Rdg.doc m MIAMIBEACH City Manager AGENDA. ITEfIA ~ 5~ DATE ~~ - s a ~ m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manage DATE: November 5, 2008 SECOND READING PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ARTICLE VI OF THE CITY CODE, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS;" AMENDING SECTION 82-501(c) THEREOF, ENTITLED "GENERALLY"; AMENDING SECTION 82-502 THEREOF, ENTITLED "DEFINITIONS"; AND AMENDING SECTION 82-503 THEREOF, ENTITLED "NAMING OF PUBLIC FACILITIES"; SAID AMENDMENTS PROVIDING AND ESTABLISHING CRITERIA FOR THE CO-NAMING OF STREETS IN THE CITY OF MIAMI BEACH IN HONOR OF MIAMI BEACH POLICE OFFICERS WHO DIED OR WERE KILLED IN THE LINE OF DUTY; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the above ordinance on second reading. ANALYSIS: Since 1928, seven Miami Beach Police Department Officers have been killed or died in the line of duty. In an effort to honor these police officers who made the ultimate sacrifice in service to the City of Miami Beach, it is recommended that the below listed fallen officer's names be added to the designated streets in the City of Miami Beach. These streets are the locations where these officers met their demise: Police Officer Year Died Officer David Cecil Bearden 1928 Officer William Nichols 1936 Sergeant Robert Boyle 1936 Officer Donald Bernard Kramer 1984 Officer John Carroll Koppin 1984 Officer Robert Edward Fitzpatrick 1985 Street Collins Avenue at 22nd Street Fountain Street at MacArthur Causeway 15th Street at Washington Avenue 6th Street at Washington Court East Palm Midway at North Hibiscus Drive 1St Street at Meridian Avenue On June 30, 1988, Miami Beach Police Officer Scott Rakow was killed in the line of duty while conducting a narcotics investigation which emanated in the City of Miami Beach and ended with his death in the area of NE 83rd Street and 9th Avenue in the City of Miami. To honor Officer Rakow's violent death, the City of Miami added Officer Rakow's name to the Commission Memo Page2of2 83rd Street sign. The renaming or adding of names of police officers and military service personnel who have died or killed in the line of duty is a common practice in many cities across the country as a means to memorialize their service and sacrifice. As a result, it is befitting for the City of Miami Beach to pay tribute to these six officers by adding their names to the designated street signs and show recognition. In an effort to facilitate the addition of the na es to the street signs, City staff will work with counterparts from Miami-Dade County Public~(VoXks~and,Florida Department of Transportation. JMG/CN/RAM/IVIG T:WGENDA\2008\November 5\Regular\Monuments Or Memorials Commission Memo Snd Rdg.doc m MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City HalI,1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, November 5, 2008, to consider the following: 1:15 p.m. An Ordinance AmendingArticle VI Of The City Code, Entitled "Naming Of Public Facilities And Establishment Of Monuments Or Memorials;" Amending Section 82-501(c) Thereof, Entitled "Generally; "Amending Section 82-502 Thereof, Entitled "Definitions;"And Amending Section 82-503 Thereof, Entitled "Naming Of Public Facilities;" Said Amendments Providing And Establishing Criteria For The Co-Naming Of Streets In The City Of Miami Beach In Honor Of Miami Beach Police Officers Who Died Or Were Killed In The Line Of Duty. Inquiries may be directed to the Police Department at (305) 673-7925. 1:20 p.m. An Ordinance Amending Chapter 18 Of The Miami Beach Ciiy Code Entitled "Businesses," By Amending Article XV Thereof, Entitled "Street Pertormers And Art Vendors On Lincoln Road Arid Ocean Drive," By Amending Section 18-901 Entitled "Definitions"; ByAmending Section 18-902, EnUUed "Intent OfArticle," To Add Collins Avenue, Washington Avenue And The City's Beachwalks To The List Of Locations Where The Provisions Of Article XV Apply; By Creating Section 18-903, To Be Entitled "Artist Vendor Certificate Required," To Provide Application Requirements, Procedures, Fees, And Regulations For Artist Vendor CerUUcates For All Artist Vendors In The City And Amending And Renumbering Sections 18-903 Through 18-911 Accordingly; By Amending Section 18-904, Entitled "Permit Application," To Include Collins Avenue, Washington Avenue, And The City's Beachwalks As Locations In The City Where Permits Are Required And Amending Permit Requirements; By Amending Section 18-905 Entitled "Permit Regulations And Prohibitions" To Amend The Provisions Relative To Zone Locations And The Regulations Relative To Artist Vendors And Street Pertormers; By Amending Section 18-908, Entitled "Disclaimer, Display And Expiration," To Amend The Provisions Relative To Artist Vendor Certificates And Permits; By Amending Section 18-909 Entitled "Enforcement, Suspensipn/Revocation Of'Permit;" By Creating Section 18-912, To Be Entitled "No Permit Or Certificate; Penalty," To Provide Penalties f-or Angst Vendors'And Street Performers WdhoutA Permit Or Certficate. Inquiries may be directed to the City Manager's Office at (305) 673-7010. INTERESTED PARTIES are invited to appear at this meeting, or be represented ¢y an agent, at i:R express their views in writing addressed to the City Commission, c% the City Clerk, 1700 Cppveptior~ Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances ~r~_39~dable for public inspection during normal business hours in the City Clerk's Office, 1700 Conventldh Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances addftional legal notice would not be provided. Robert E. ParcheG City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stet., the City hereby advises the public that: if a persoo-decides to appeal any decision made by the City Commission with respect to any matter cbnsidered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed bylaw. 0 Q ~_ m 0 0 x 0 a W S z E W 2 0 z z E 0 x E f f To request this material in accessible format, sign language interpreters, information on access far persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (3D5)673-7218(1TY) Uve days in advance to inftiate your request. TTY users may also call 711 (Florida Relay Service). Ad f{512