2011-3730 Ordinance ORDINANCE NO. 2011 -3730
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY CF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 82 0= THE CITY CODE, ENTITLED "PUBLIC
PROPERTY ", BY AMENDING ARTICLE VI, ENTITLED
"NAMING OF PUBLIC FACILITIES AND ESTABLISHMENTS
OF MONUMENTS AND MEMORIALS ", BY AMENDING
SECTION 82- 501(c), TO EXEMPT THE MIAMI BEACH
BOTANICAL GARDEN FROM THE PROVISIONS OF SAID
ARTICLE VI, SUBJECT TO THE TERMS AND CONDITIONS
CONTAINED IN THIS ORDINANCE; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICTION AND EFFECTIVE
DATE.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. AMENDMENT TO ARTICLE VI OF CHAPTER 82 OF THE CITY CODE.
A. That Chapter 82, Article VI, Section 82- 501(c) of the Miami Beach City Code is hereby
amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE VI. Naming of Public Facilities and Establishment of Monuments and
Memorials.
* * *
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 o= this article, no street located in the city shall be hereafter
named, renamed, or co -named after any person or persons, living or deceased. The
Bass Museum of Art, the city -owned building, located at 2200 Liberty Avenue, Miami
Beach, Florida (the Miami City Ballet Building)i a all or any portion(s) of the city -
owned property comprising the public cultural facility known as the "Altos Del Mar
Sculpture Park," located within a portion of Altos Del Mar Park, on Collins Avenue
between 76th and 77th S eet, Miami Beach, Florida (the ADMSP Sculpture Park); and
all or any portion(s) of th:• city -owned property comprising the Miami Beach Botanical
Garden, located at 2000 Convention Center Drive, shall be exempt from the provisions of
this article.
The Miami City Ballet Builoing shall only be exempt for so long as:
(1) Said buildi g is occupied, operated and maintained by Miami City Ballet,
Inc., a not-for-profit corporation;
(2) The buildin : is used as the principal headquarters, administrative offices,
and studio : nd teaching facilities of the Miami City Ballet; and
(3) Miami City Ball -t, Inc., remains in good standing and free from defaults under
that certain le -se agreement for the Miami City Ballet Building between the
city, as landlori and Miami City Ballet, Inc., as tenant.
The ADMSP Sculpture Pa k shall only be exempt from the provisions of this article for so
long as:
(1) The Sculpt re Park is occupied, operated and maintained by Altos Del
Mar Sculpt re Park, Inc., a not - for - profit corporation;
(2) The Sculpt re Park remains free and open to the general public; and
(3) Altos Del ar Sculpture Park, Inc., remains in good standing and free
from defaul s under that certain management agreement between the city
and Altos Bel Mar Sculpture Park, Inc., dated June 3, 2009.
The Miami Beach Botani al Garden shall only be exempt from the provisions of this
article for so long as:
(1) The Miami :each Botanical Garden is occupied, operated and maintained
by the Mia i Beach Garden Conservancy, a not - for - profit corporation;
(2) The Miami :each Botanical Garden remains free and open to the general
public; and
(3) The Miami Beach Garden Conservancy remains in good standing and
free from ' efaults under that certain management agreement between
the city an• the Miami Beach Garden Conservancy, dated July 1, 2007.
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
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the parties. The exemption for the ADMSP Sculpture Park shall automatically terminate
upon the earlier of the expiration or other termination of the aforestated management
agreement. The exemption for the Miami Beach Garden Conservancy shall
automatically terminate upon the earlier of the expiration or termination of the
aforestated management agreement.
SECTION 2.
That Chapter 82, Article VI, Section 82- 503(c)(3) is hereby deleted in its entirety as
follows:
Sec. 82 -503. Naming of public facilities; co- naming of streets.
(c) Exterior portion(s) of a public facility, or park.
(1) Where an exterior portion(s) of a public facility, or where a park is to be
named, the city commission may only consider a name approved by a
majority of :he members of the committee.
(2) Additionally, any name so approved by the city commission must be
approved by a five - sevenths vote and must be submitted to the
electorate of the city by referendum at the next regularly scheduled
election. The name selection shall be approved by a majority of the
electorate voting in the referendum. Notwithstanding any other provision
of this article, the referendum requirements of this section shall not apply
where any city owned facility, not already named for an individual or
individuals pursuant to subsection 82 -503 (a)(4), is to be named or
renamed to include the name of the city and the function of the facility or
the current name of the facility.
(3) The Miami Beach Garden Ccntcr and Conservatory shall be cxcmpt
from the referendum requirement of this section.
SECTION 3. REPEALER
All ordinances or parts in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABI _ITY
If any section, sentence, clause or phrase of this Ordinance is held to be invalid or
unconstitutional by any court or competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portio-i of this Ordinance.
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SECTION 5. 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 accomplish such intention, and the word "ordinance" may be changed to "section ",
"article ", or other appropriate word.
SECTION 6. EFFECTIVE DATE
This Ordinance shall take effect on the 11 day of June , 2011.
PASSED and ADOPTED this 1st day of June , 2011
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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ity • ttorn IT ate
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending Chapter 82 of t e City Code, entitled "Public Property ", by amending Article VI, entitled
"Naming of Public Facilities and Establish ents of Monuments and Memorials ", by amending Section 82- 501(c)(1)
thereof, to exempt the Miami Beach Bota ical Garden from the provisions of said Article VI.
Key Intended Outcome Supported:
Increase community rating of cultural acti ities and ensure well maintained facilities.
Supporting Data (Surveys, Environ ental Scan, etc.):
Approximately 73% of residents surveyei in the 2009 survey rank the availability of Miami Beach's cultural and
recreational programs as excellent and g•od
Issue:
Shall the Mayor and Commission approv- an exemption to Chapter 82 Article VI relating to naming rights for
the interior and exterior portions of the Bo anical Garden?
Item Summary /Recommendation:
SECOND READING
On January 13, 2010, the City Commiss on approved the Basis of Design Report (BODR) for the Miami Beach
Botanical Garden, providing for the impl: mentation of improvements in three (3) phases; totaling an estimated
$2,148,044. A fourth phase of the adopted Master Plan includes certain improvements not considered an integral part
of the immediate design plan, totaling an additional $358,488. In the absence of City funding for this phase, the
Conservancy has proposed to fund th =se elements through private donors, in exchange for naming rights
acknowledging the donors. On April 27, :011, the City's Finance and Citywide Projects Committee (FCWPC),
approved a recommendation by the ad inistration that would allow the Conservancy to award naming rights for
interior portions of the premises in exchan a for monetary contributions from private donors to fund improvements set
forth in the BODR, which includes: 1) a ending the above - referenced section of the City Code to exempt the
Botanical Garden from the provisions of t e City's Naming Ordinance; and 2) in the event that the City Commission
approves such exemption from the Naming! Ordinance, the Management Agreement should be amended, to establish
criteria and guidelines for naming interior .ortions of the facility. The proposed ordinance, if approved, would provide
that the naming of the interior sections of he Premises and improvements thereto specified in the BODR, would be
exempt from the process set forth in Articl: VI. Specifically, the naming of any interior portions of the Premises would
not be subject to committee review and a•proval, it could be named for someone living or dead, would not require a
referendum, and would not require a noti ed public hearing to be held. The proposed ordinance amendment was
approved on first reading at the May 11, 2411 City Commission meeting. The Administration recommends approval of
the proposed ordinance on Second and F nal Reading
Advisory Board Recommendation:
Finance & Citywide Projects Committ: e: April 27, 2011
Financial Information:
Source of Funds: n/a Amount Account
1 n/a
Financial Impact Summary'
City Clerk's Office Legislative Trac ing:
Anna Parekh, extension 7193
Sign - Offs:
Department Director Assista ity -naer / City Manager
AP HM . /0 , '1/J JMG
T \AGENDA\2011\June 1 \Botanical Garden Ordina ce Sum +ary 2 "d Reading doc j
el MI ANAI BEA1 H
AGENDA ITEM R S A
DATE 6-1-11
MIAMIBEACH
City of Miami Beach, 1700 Convention Cen er Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera BowBr and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
SECOND READING
DATE June 1, 2011 PUBLIC HEARING
SUBJECT: AN ORDINANCE AMENDING CHAPTER 82 OF THE CITY CODE, ENTITLED
"PUBLIC PROPERTY ", BY AMENDING ARTICLE VI, ENTITLED "NAMING
OF PUBLIC FACILITIES AND ESTABLISHMENTS OF MONUMENTS AND
MEMORIALS ", BY AMENDING SECTION 82- 501(C)(1) THEREOF, TO
EXEMPT THE MIAMI BEACH BOTANICAL GARDEN FROM THE
PROVISIONS OF SAID ARTICLE VI, SUBJECT TO THE TERMS AND
CONDITIONS CONTAI VED IN THIS ORDINANCE; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
BACKGROUND
On January 17, 2007, the Mayor and City Commission approved a new Management Agreement
with the Miami Beach Garden Conservancy for the operation of the Botanical Garden, with an initial
term of five (5) years, commencing on July 1, 2007, with an option, at the City's sole discretion, to
renew and extend the Agreement - or an additional five (5) year term.
Since taking over the operations of the Botanical Garden in July, 1999, the Conservancy has
initiated extensive public outreach initiatives, educational programming, and has played an important
role in capital planning efforts inc uding, but not limited to, recent upgrades to the facility's irrigation
system (with matching grant funds from the County). The Conservancy has also used its best efforts
to increase its public /private funding contributions towards the operation of the facility, resulting in
City being able to reduce its annual contribution by 25% (from $200,500 in FY 01/02 to $152,475
through FY 09/10).
The City' annual contribution comprises approximately 43% of the Conservancy's income, with the
balance derived from grants, donations, memberships, event functions, and gift shop sales. It should
also be noted that the Administration has looked into the cost of absorbing the operation in- house.
Based on an estimate by the C ty's Parks Department, the City's cost to operate the facility,
providing the same level of programming and services, would be approximately $230,000 per year;
almost 51% more than the City's current contribution to the Conservancy.
One of the Conservancy's primary goals is to achieve accreditation of the Miami Beach Botanical
Garden through the American Association of Museums (AAM). To this end, it has been working with
the City in defining the scope of capital improvements to achieve this goal. Originally, a total of $1.5
Million was allocated from the Series 2000 General Obligation Bonds to undertake the
improvements. In July, 2003, following an RFQ selection process, EDAW was selected to undertake
the planning and design of the facility. Contract issues between EDAW and the City led to EDAW's
eventual termination for convenience, and the project being put on hold until additional funds could
Botanical Garden — Exemption from Narring Ordinance
Page 2 of 3
be identified and /or the scope revisited. A total of $1,380,753 is currently available for design and
construction of this project from the Series 2000 General Obligation Bond and City Center RDA
funds. Approximately $381,247 have been expended or encumbered to date due to previous design
efforts.
On September 10, 2008, the City Commission authorized the execution of a professional services
agreement with RJI, in an amcunt not to exceed $125,000, for architectural, engineering, and
landscape architecture services for the master planning, design, bid and award, and construction
administration services, and an approved reimbursable allowance of $5,000; for a total not to exceed
amount of $130,000. On January 13, 2010, the City Commission approved the Basis of Design
Report (BODR) for the Miami Beach Botanical Garden, providing for the implementation of
improvements in three (3) phasea; totaling an estimated $2,148,044
A fourth phase of the adopted Master Plan includes certain improvements not considered an integral
part of the immediate design plan, totaling an additional $358,488, and include such items as a
future visitor center, a reflecting pool, refurbishing the existing fountain, adding an on -site rain water
collection system, and a shade structure over the patio for outdoor events. The Conservancy has
proposed to fund these elements through private donors, in exchange for naming rights
acknowledging the donors.
Chapter 82 Article VI of the City Code, "Naming of Public Facilities and Establishment of Monuments
and Memorials," sets forth the manner in which public facilities may be named,
monuments /memorials established and streets co- designated. However, on several occasions the
City has provided for an exemption from the requirements of the provisions of Chapter 82 Article VI;
these exemptions were granted r the Bass Museum of Art, the Miami City Ballet; and for the Altos
del Mar Sculpture Park. Additionally, the Miami Beach Garden Center and Conservancy (a.k.a. the
Botanical Garden) is exempt under the Ordinance, but only from the referendum requirements.
ANALYSIS
On April 27, 2011, at a meeting of the City's Finance and Citywide Projects Committee (FCWPC or
Committee), the administration recommended that in order to allow the Conservancy to award
naming rights for interior portions of the premises in exchange for monetary contributions from
private donors to fund improvements set forth in the BODR. As it has been done with other not -for-
profit entities (i.e. the Bass Museum, Miami City Ballet and the Altos del Mar Sculpture Park), the
City Commission could exempt the Miami Beach Botanical Garden from the provisions of the City's
Naming Ordinance (rather than just keeping the limited exemption, exempting it from the referendum
requirements). In the event that the City Commission approves such exemption from the Naming
Ordinance, the Management Agreement would also be amended to establish criteria and guidelines
for naming interior portions of the facility. Another agenda item has been included recommending an
amendment to the Management Agreement. It should be noted that naming rights provisions have
been incorporated into other management agreements, involving the Altos Del Mar Sculpture
Garden, the Miami Beach Convention Center and the Fillmore.
The recommendations were approved by the FCWPC.
PROPOSED ORDINANCE AMENDMENT
The proposed ordinance amendment would add an additional exemption to Section 82- 501(c)
specifically relating to the Botani :al Garden. This amendment, if approved on First Reading, would
provide that the naming of the interior sections of the Premises and improvements thereto specified
in the BODR, would be exempt from the process set forth in Article VI. Specifically, the naming of
any interior portions of the Premises would not be subject to committee review and approval, it could
be named for someone living or dead, would not require a referendum, and would not require a
noticed public hearing to be held. Such exemption would be subject to certain conditions, as set
Botanical Garden — Exemption from Narr ing Ordinance
Page 3 of 3
forth in the proposed ordinance as follows:
1. The Botanical Garden is occupied, operated and maintained by the Conservancy;
2. The Conservancy rema ns in good standing and free from default under the management
agreement;
3. The premises remains free and open to the general public; and
4. The exemption shall automatically terminate upon the termination of the Management
Agreement.
CONCLUSION AND RECOMMENDATION
Pursuant to the recommendation of the FCWPC, the Administration recommends approval of the
proposed ordinance on Seconc and Final Reading on June 1, 2011. At the same time, the
Administration has submitted a separate resolution for approval by the City Commission,
recommending certain amendments to the Management Agreement between the City and the
Conserva y, setting forth the terms and conditions by which the Conservancy may grant naming
rights in for portions of the Botanical Garden.
JMG /H F/ ° P /kob
Attachm- t
T'AGENDA\2011 \6 -01 -11 \Botanical Garden Naming Ordinance Exemption Memo 2 Reading.docx
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M 1 AM1 BEACH
CITY OF MIAMI BEACH
NOTICE PUBLIC HEARING
NOTICE IS HE3EBY given that a second reading and public hearing will be held by the Mayor and City Commission
of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City' Hall, 1700 Convention Center Drive;
Miami Beach, Florida, on Wednesday, June 1, 2011, to consider the following:
10:15 a.m.
Ordinance Amending Chapter 82 Of The City Code, Entitled "Public Property," By Amending Article VI, Entitled
"Naming Of Public Facilities And Establishments Of Monuments And Memorials ", By Amending Section 82- 501(C),
To Exempt The Miami Beach Botanical Garden From The Provisions Of Said Article VI, Subject To The Terms And
Conditions Coritained In This Ordinance.
Inquiries may 3e directed to the Real Estate, Housing & Community Development Department (305) 673 -7260.
INTERESTED 'ARTIES are invited to appear at this meeting or be represented by an agent or to express their views in
writing addressed to the City Commission c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami
Beach, Florida 33139. Any of these items may be opened and continued and under such circumstances additional legal
notice would r of be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, FL Statutes, the City hereby advises the public that if a person decides to appeal
any decision made by the City Commission with respect to any matter considered 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 by law.
In accordance with the Americans with Disabilities Act of 1990; persons needing special accommodation to participate
in this proceeding, or to request information on access for- persons with disabilities, or to request this publication in
accessible format, or to request sign language interpreters, should contact the City Clerk's office at (305) 673 -7411,
no later than 'our days prior to the proceeding. If hearing impaired, contact the City Cierk's office via the Florida Relay
Service numbers, (800) 955 -8771 (TT`) or (800) 955 -8770 (VOICE) AD # 657
2NE I THURSDAY. MAY 19, 2011