2010-3701 Ordinance ORDINANCE NO. 2010 -3701
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, 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) — (3) THEREOF, TO PROVIDE THAT
THE NEW CITY -OWNED PARK BOUNDED BY WASHINGTON
AVENUE, 17 STREET, LINCOLN LANE AND
PENNSYLVANIA AVENUE, SH ALL BE EXEMPT FROM THE
PROVISIONS OF SAID ARTICLE VI, SUBJECT TO THE TERMS
CONTAINED IN THIS ORDINANCE; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICTION AND EFFECTIVE
DATE.
WHEREAS, on January 5, 2004, the City of Miami Beach (City) and the New World
Symphony (NWS or Tenant), entered into a Development Agreement and Ground Lease
Agreement (the Agreements), providing for design, development and construction of an
educational performance and internet broadcast facility and exterior screen (formally known as
"Soundspace" and now known as the "NWS Campus Expansion Project "), and a public parking
garage, to be located on the westernmost portion of the 17 Street surface parking lots,
bounded by 17 Street to the north; North Lincoln Lane to the south; Drexel Avenue to the east;
and Pennsylvania Avenue to the west; and
WHEREAS, the NWS Development Agreement also provides for the design,
development, and construction of a new City -owned park, bounded by Washington Avenue, 17
Street, Lincoln Lane, and Pennsylvania Avenue; and
WHEREAS, Chapter 82, Article VI, Sections 82 -501 through 82 -505, of the City Code,
establishes certain procedures for the naming of public facilities and establishment of
monuments and memorials on City property (the City's Naming Ordinance); and
WHEREAS, pursuant to a request by NWS, the City Commission hereby finds that it
would be in the best interest of the City to exempt the aforestated new City -owned park from the
provisions of the City's Naming Ordinance, as hereinafter set forth in this amendment.
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)(1) — (3) 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.
No public facility located in or owned by the city shall be named except p Y Y Y t in accordance p
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. The
Bass Museum of Arti the city -owned building, located at 2200 Liberty Avenue, Miami
Beach, Florida (the Miami City Ballet Building)i and-all or any portion(s) of 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 Street, Miami Beach, Florida (the ADMSP Sculpture Park) and the city -owned
park bounded b Washin•ton Avenue 17 Str eet Lincoln Lane and Penns Ivania
Avenue, shall be exempt from the provisions of this article.
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., a
not - 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 Miami City Ballet lease).
The ADMSP Sculpture Park shall only be exempt from the provisions of this article for so long
as:
(1) The Sculpture Park is occupied, operated and maintained by Altos Del Mar
Sculpture Park, Inc., a not -for- profit corporation;
(2) The Sculpture Park remains free and open to the general public; and
(3) Altos Del Mar Sculpture Park, Inc., remains in good standing and free from
defaults under that certain management agreement between the city and Altos
Del Mar Sculpture Park, Inc., dated June 3, 2009.
2
The exemption for the Miami City Ballet Building shall automatically terminate upon the earlier of
the expiration or other termination of the - - - - - - - - - - - = - - -- - - - - - - - - - - : - - Miami
City Ballet lease. The exemption for the ADMSP Sculpture Park shall automatically terminate
upon the earlier of the expiration or other termination of the aforestated management
agreement.
SECTION 2. REPEALER
All ordinances or parts 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 or competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portion of this Ordinance.
SECTION 4. 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 5. EFFECTIVE DATE
This Ordinance shall take effect on the 7 th day of November , 2010
PASSED and ADOPTED this 27th day of October , 2010
'
ATTEST: 4•- A\ ...8 ''ii4 J 4'F . l
AYO R
ORATED:
CITY CLERK ' +, + ••.. �� :
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F: \atto\AGUR \RESOS -ORD \Naming of Public - •rdinance #2 - Lincoln Park (Final 11- 9- 10).doc
APPROVED AS TO
FORM & LANGUAGE
3 111 FOR F.XECUTION
L V• Attonwt1160., Data
COMMISSION ITEM SUMMARY
Condensed Title:
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) – (3) Thereof, To Provide That The City -Owned Park, Currently
Referred To As "Lincoln Park," Shall Be Exempt From The Provisions Of Said Article Vi, Subject To
The Terms Contained In This Ordinance; Providing For Repealer, Severability, Codification And
Effective Date.
Key Intended Outcome Supported:
Maximize Miami Beach as a Brand Destination and Diversify Business Base in Miami Beach
Supporting Data (Surveys, Environmental Scan, etc.):
Issue:
Shall the Mayor and Commission approve on second reading a proposed amendment to Chapter 82,
Article VI, exempting the City park located east of the New World Symphony Building to allow for the
naming of the park in a timey manner?
Item Summary /Recommendation:
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. More specifically, Section 82 -503 sets forth the process by which new public
facilities are named, or existing public facilities are renamed. At the September 15, 2010 Commission
meeting, several discussion items were placed on the agenda relating to the potential naming of the park.
Additionally, a discussion on two proposed amendments to the City's existing "Naming Ordinance" was
placed on the September 15, 2010 agenda, including an amendment to Article VI. to allow the City to exempt
this park from the city naming ordinance requirements in order to expedite the process of naming the park.
Concurrently, I recommended, and it was agreed, that we should use a professional marketing company to
assist the City in selecting names for consideration for the City Park. This company is researching the
location, and obtaining comments from a cross section of interested stakeholders to develop
recommendations for possible names for the park.
Advisory Board Recommendation:
This was not discussed at committee.
Financial Information:
Source of Amount Account Approved
Funds: 1
OBPI Total
Financial Impact Summary: There is no fiscal impact. Professional Marketing services were obtained Pro Bono.
City Clerk's Office Legislative Tracking:
Si • n -Offs:
Department Director Assist . City ana • - — City MI • er .e
MIAAAIBEACH AGENDA ITEM RS
DATE /0 2'1' 1 d
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: M. i.r Ma err- - Bower and Members of the City Commission
-C '
FROM: Jo • - . Gonzalez, City Manage
SECOND READING
DATE: October 27, 2010 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) - (3) THEREOF, TO
PROVIDE THAT THE CITY -OWNED PARK, CURRENTLY REFERRED TO AS
"LINCOLN PARK," SHALL BE EXEMPT FROM THE PROVISIONS OF SAID
ARTICLE VI, SUBJECT TO THE TERMS CONTAINED IN THIS ORDINANCE;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the ordinance on second reading.
BACKGROUND
The City has not recently created new parks but, rather, has renovated existing parks. The new park
being built on the former surface parking lots adjacent to the New World Symphony (NWS) building has
had a working title of "Lincoln Park" due to its close proximity to Lincoln Road. At the September 15,
2010 Commission meeting, several discussion items were placed on the agenda relating to the potential
naming of the park. Options presented via referral for discussion included actual suggested names, as
well as a process for the selection of a name, which could include a contest. Additionally, a discussion on
two proposed amendments to the City's existing "Naming Ordinance" was placed on the September 15,
2010 Commission Agenda by Commissioner Jonah Wolfson. Following discussion, the ordinances as
submitted for discussion were approved on First Reading. One proposed ordinance amendment involves
the provision of an exemption from the naming ordinance requirements for the city -owned park located
adjacent to the new NWS concert hall, commonly referred to as Lincoln Park.
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. More specifically, Section 82 -503 sets forth the process by which
new public facilities are named, or existing public facilities are renamed. Currently, there is a six -step
process to consider a potential name for a public facility or park, with an additional three -step process to
address the naming of the exterior of a public facility or park. The former process addresses, among
other things, the naming of public facilities or parks for living persons, and provides a process to address
the naming if associated with a monetary donation. The latter process includes a review and approval of
the proposed name by a majority of the designated City Committee (the Neighborhoods /Community
Affairs Committee); a five - sevenths approval by the City Commission; and the submission of the
proposed name to the electorate via referendum. In addition, Section 82 -505 addresses the process for
naming or renaming of public facilities in exchange for monetary donations.
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 for the Bass Museum of Art, the
NWS Naming Ordinance Amendment
Page 2 of 3
Miami City Ballet; and for the Altos del Mar Sculpture Park. Both the Miami City Ballet and the Altos del
Mar Sculpture Park exemptions were conditioned and those conditions were included as part of the
approval process and ordinance amendment. Additionally, the Miami Beach Garden Center and
Conservancy (a.k.a. the Botanical Garden) is exempt from the referendum requirements.
A separate ordinance amendment on this commission agenda on second reading would provide for an
exemption from the naming ordinance requirements for the NWS as it relates to the interior and exterior
of their buildings and other tenant improvements located on their leased premises. An exemption for
Lincoln Park would permit the City to pursue naming for the park in an expeditious manner. This is being
requested in an effort to have the park named prior to the grand opening of the neighboring NWS
project.
ANALYSIS
The NWS project is expected to be completed shortly, with a grand opening scheduled for early next
year. The NWS has expressed a desire to have the City's park open and operational for the grand
opening of their facility. In an effort to market and promote their grand opening events, the NWS
requested a conclusion on the naming of the park, so that it may be included in promotional materials for
their events.
During the September 15, 2010 Commission meeting, several items were placed for discussion,
including discussion on proposed names for the City park. There was no consensus on any one name.
Alternatively, I recommended that staff be permitted to obtain assistance from a professional marketing
company in developing a name for this park, with that proposed name(s) brought back to the City
Commission for consideration. However, in order to be able to name the park, and especially to do so in
a quick enough manner to be able to include the name in any promotional materials relating to the grand
opening of the NWS facility, it is necessary to amend the naming ordinance to provide for an exemption
from the naming process for this city park. In that manner, and if an exemption is approved, the City
Commission can approve a name for the park.
Specifically, the proposed ordinance amendment would add an additional exemption to Section 82-
501(c) relating to the proposed name of the city park now commonly referred to as Lincoln Park. As
provided for, it would specifically grant an exemption to allow for the naming of the park through a
process other than required pursuant to city code. If approved on second reading, the naming of the park
would not require Committee review and approval, it would not require a referendum, and would not
require a noticed public hearing to be held to select the name. Instead, the Commission can approve the
amendment to the ordinance to provide the exemption to name the park the actual name that is selected.
Following the September 15, 2010 City Commission meeting, I met with Bruce Turkel, who as you may
know, runs a well -known marketing and branding firm. Mr. Turkel has engages in similar efforts to
develop names for products and brands, with the added benefit that he is familiar with our City. His
methodology involves speaking with a variety of stakeholders to assess their opinion of the product. In
the case of the City's park, Mr. Turkel surveys stakeholders to assess what the "takeaway" experience
for the park is supposed to be, what role it plays with the NWS project, what folks expect to experience
there, etc. These responses are then analyzed to determine if there is a recurring theme or concepts that
prompt one or more names as potential names for the project. Mr. Turkel is concluding his assessment
process.
FISCAL IMPACT
The implementation of this ordinance has no associated cost. The professional services were provided
pro bono.
NWS Naming Ordinance Amendment
Page 3 of 3
CONCLUSION
The City's Chapter 82 Article VI provides the mechanism for the naming of public facilities, which
includes public buildings, plazas or parks owned by the City. An exemption of the City's naming
ordinance would be necessary in order to approve a name for the city park adjacent to for NWS with
sufficient time to allow the name of the park to be used in promotional materials relating to the NWS
facility's grant opening early next year, without triggering certain requirements of the City Code, such as a
referendum. The City has provided exemptions in the past to other non - profit organizations.
The approval of the ordinance on second reading permits the City to proceed with naming the park prior
to the opening of the NWS facility.
JMG /HMF
T:WGENDA\2010 \October 27 \Regular \Naming Ordinance Exemption Lincoln Park MEMO.doc
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY 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, October 27, 2010, to consider the following:
10:20 a.m..
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) -
(3) Thereof, To Provide That The City -Owned Park, Currently Referred To As "Lincoln Park," Shall Be Exempt From The
Provisions Of Said Article VI, Subject To The Terms Contained In This Ordinance; Providing For Repealer, Severability,
Codification And Effective Date.
- INTERESTED PARTIES 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. Copies of these ordinances are available for public inspection during normal business
hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139.
This meeting may be continued and under such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., 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.
To request this material in accessible format, sign language interpreters, information on access for persons with
disabilities, and /or any accommodation to review any document or participate in any city- sponsored proceeding,
please contact (305) 604 -2489 (voice), (305)673 -7218 (TTY) five days in advance to initiate your request. TTY users
may also call 711 (Florida Relay Service). Ad #631
SUNDAY, OCTOBER IT 2010 31NE