R5B-Naming Of Public Facilities-Establishment Of Monuments -Grieco-€B
T:\AGEN DA\201 4\lltay\Ord nance
COMMISSION ITEM SUMMARY
Agenda rtem RSB
Dare Gll-lq
Condensed Title:
An Ordinance Amending Chapter 82 Of The Miami Beach City Code, Entitled "Public Property," By
Amending Article Vi, Entitled "Naming Of Public Facilities And Establishment Of Monuments And
Memorials," By Amending The Definitions ln Section 82-502, Amending The Criteria For The Naming Of
Public Facilities And The Co-Naming Of Streets ln Section 82-503; Amending The Provisions ln Section
82-505 For The Acceptance Of Monetary Donations ln Consideration For The Naming Or Renaming Of
Public Facilities; And Amending Section 82-501 To Cross Reference Amended Subsection 82-503(C);
For Codification:Severabilrtv: And An Effective Date.
N/A
Supporting Data (Surveys, Environmental Scan, etc.):
Item Summary/Recommendation:
At the October 28,2013 Neighborhood/Community Affairs Committee (NCAC) Meeting, the NCAC
discussed a request from the Collins Park Neighborhood Association regarding the co-designation of 21"
Skeet and 22"" Street as Collins Park South and Collins Park North, respectively. lt is worth noting that
21't Street is currently co-designated as Jose Marti Street. This co-designation was approved by th; City
Commission in 1994 (prior to the current code) via Resolution No. 94-2'1216. Currently, Article Vl Section
82-503 of the City code only allows for co-designation of streets in honor of Miami Beach police officers
who died or were killed in the line of duty.
Pursuant to current County code, the following process also must be followed for co-designations of
streets: 1)A five-sevenths (5/7) vote of the City Commission is required,2)A resolution of the City
Commission recommending the co-designation would need to be submitted to Miami-Dade County Public
Works and Waste Management Department for consideration by the Platting and Subdivision Committee;
and 3)The co-designation request would have to be approved by the Miami-Dade County Board of County
Commissioners via a resolution.
At the December 11, 2013 Commission meeting, the Committee approved Resolution 2013-28429,
accepting the recommendation of the Neighborhood/Community Affairs Committee, that the City
Administration develop a criteria for the co-naming of streets.
At the April 23,2014 Commission meeting, the title of the Ordinance was read into the record. A motion
was made for this item to be opened and continued to May 21, 2014. At the May 21,2014 meeting, the title
of the Ordinance was read into the record and approved on First Reading with the following amendments:
. Remove section regarding persons that are deceased or have been alive for over '100 years.. lnclude buildings that have a living historical perspective that would fit into the categories, but are not a
commercial or public facility or a neighborhood; for instance The Women's Club.. Allow for the limitation of areas of streets and portions of streets.r Broaden criteria to give more discretion to remove names in the future.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON SECOND READING,
PUBLIC HEARING
At the NCAC meeting on October 28, 201 3, the Committee passed a motion directing the Administration to
develop specific language and guidelines pertaining to the co-naming of streets and to bring the item to
Commission for consideration of a amendment to the Citv Code.
Financial lnformation :
Source of
Funds
i
Financial
Clerk's Office Tracki
n-Offs:
Department Director Assistant cjfl{p'\eer City ll q-!qger
A1g-{ea ._MrdI,r-r(J JLW
CO-NAMING STREET SIGNS.SU[4]'rARY.doc
AAIAAN IBEACH 341
E MIAMIBEACH
Cily of iliomi Beoch, I 700 Convention Cenler Drive, Miomi Beoch, Florido 33 I 39, www.miomibeochfl,gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: June 11, 2014
the City
SECOND READING
PUBLIC HEARING
SUBJECT: AN ORDINANCE AMENDING GHAPTER 82 OF THE MIAMI BEACH CITY CODE,
ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMINGOF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS AND
MEMORIALS,'' BY AMENDING THE DEFINITIONS IN SECTION 82-502, AMENDING
THE CRITERIA FOR THE NAMING OF PUBLIC FAC!LITIES AND THE CO.NAMING OF
STREETS lN SECTION 82-503; AMENDING THE PROVISTONS lN SECTION 82-505
FOR THE ACCEPTANCE OF MONETARY DONATIONS IN CONSIDERATION FOR THE
NAMING OR RENAMING OF PUBLIC FACILITIES;ANDAMENDING SECTION 82-501
TO CROSS REFERENCE AMENDED SUBSECTION 82-503(C); PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
BACKGROUND
At the October 28,2O13 Neighborhood/CommunityAffairs Committee (NCAC) Meeting, the NCAC
discussed a request from the Collins Park Neighborhood Association regarding the co-designation
of 21'tStreet and22nd StreetasCollinsParkSouthandCollinsParkNorth, respectively. ltGworth
noting that 2lstStreet is currently co-designated as Jose Marti Street. This co-designation was
approved by the City Commission in '1994 (prior to the current code) via Resolution No. 94-21216.
Currently, Article Vl Section 82-503 of the City code only allows for co-designation of streets in
honor of Miami Beach police officers who died or were killed in the line of duty.
Pursuant to current County code, the following process also must be followed for co-designations of
streets:
1. a five-sevenths (5/7) vote of the City Commission is required;
2. a resolution of the City Commission recommending the co-designation would need to be
submitted to Miami-Dade County Public Works and Waste Management Department for
consideration by the Platting and Subdivision Committee; and
3. the co-designation request would have to be approved by the Miami-Dade County Board of
County Commissioners via a resolution.
At the NCAC meeting on October 28, 2013, the Committee passed a motion directing the
Administration to develop specific language and guidelines pertaining to the co-naming of streets
and to bring the item to Commission for consideration of a potential amendment to the City Code.
342
Ordinance - Co-Designation of 21st Street and 22nd Streef as Collins Park South and Collins Park North
June 11,2014
Page 2 of 2
At the December 1 1 , 2013 Commission meeting, the Committee approved Resolution 2013-28429,
accepting the recommendation of the NCAC, that the City Administration develop a criteria for the
co-naming of streets.
At the April 23,2014 Commission meeting, the title of the Ordinance was read into the record. A
motion was made for this item to be opened and continued to May 21 ,2014.
At the May 21 ,2014 meeting, the title of the Ordinance was read into the record and approved on
First Reading with the following amendments:
r Remove section regarding persons that are deceased or have been alive for over 100 years.
r lnclude buildings that have a living historical perspective that would fit into the categories, but are
not a commercial or public facility or a neighborhood; for instance The Women's Club.
r Allow for the limitation of areas of streets and portions of streets.. Broaden criteria to give more discretion to remove names in the future.
GONCLUSION
The Administration recommends approving the Ordinance on Second Reading, Public Hearing
Attachments: Draft Ordinance
IVIT/ETC
T:UGENDAUol4Uune\Ordinance Co-Naming of Streets [/EMO.doc
343
J(,tuJtrIoIUoFOzdI.JJ (L=uIcoOFFurzzotoFlrto344
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
C!ry OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 82 OF THE
MIAMI BEACH CtTy CODE, ENTITLED ,,pUBLlc pROpERTy," By
AMENDING ARTICLE VI, ENTITLED ..NAMING OF PUBLIC
FACILITIES AND ESTABLISHMENT OF MONUMENTS AND
MEMORIALS," BY AMENDING THE DEFINITIONS !N SECTION 82-
502; AMENDING THE CRITERIA FOR THE NAMING OF PUBLIC
FACILITIES AND THE CO-NAMING OF STREETS IN SECTION 82-503;
DELETING THE PROVISIONS IN SECTION 82-505 REGARDING THE
ACCEPTANCE OF MONETARY DONATIONS IN CONSIDERATION
FOR THE NAMING OR RENAMING OF PUBLIC FACILITIES; AND
AMENDING SECTION 82-501 TO CROSS REFERENCE AMENDED
SUBSEGTION 82-503(C); PROVIDING FoR cODlFlcATlON,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 2013-28429, the Mayor and City Commission
directed the City Administration to develop additional criteria for the co-naming of City streets;
and
WHEREAS, amended criteria for the co-naming of City streets has been developed by
the City Administration and is set forth in this Ordinance, as well as other housekeeping
amendments to the naming provisions for public facilities and amendments that delete the
acceptance of monetary donations in consideration for the naming or renaming of public
facilities.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION I.
That Chapter 82, Section 82-501, of the Miami Beach City Code is hereby amended as
follows:
Chapter 82
PUBLIC PROPERry
ARTICLE VI. NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT
Sec. 82-501. Generally.
OF MONUMENTS OR MEMORIALS
345
(c) Effective upon adoption of this+diela Ordinance No. 2014- , no street
located in the city shall be hereafter named, renamed, or co-named effe+-af,y
, except as provided in Section g+SgaiA)
82-503(c).hereof....
SECTION 2.
That Chapter 82, Section 82-502, of the Miami Beach City Code is hereby amended as
follows:
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 and as merqedwith the neiqhborhood committee on November25,2003 pursuantto
Resolution No. 2003-25446, or any other such committee designated by the city commission to
review and recommend names for public facilities and the co-naminq of streets, 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).
@
Public facility means any public buildingrflaza or park owned by the city.
Sfreef means that area of a public right-of-way improved, designed, and ordinarily used for
vehicular traffic and/or parking including, without limitation, avenues, roads, drives, lanes,
boulevards, courts, and alleys. For purposes of this article, streets shall only be intended to
include city-owned streets, and not state or countv-owned and/or controlled streets.
sEcTtoN 3.
That Chapter 82, Section 82-503, of the Miami Beach City Code is hereby amended as
follows:
Sec. 82-503. Naming of public facilities; co-naming of streets.
(a) Naminq of an exterior portion of a public facilitv (includino naminq of a park). Whenever a
name is needed for a new public facility, or whenever there is a prepesel request to rename an
existing public facility, within or owned by the city, the naming, or renaming, shall first be
considered and reviewed by the committee according to the following procedures:
346
(1) Any person, organization, association, corporation or other entity, including a member of
the city commission or the administration of the city, may propose a name for a new
public facility, or may propose renaming an existing public facility, at any time by
submitting a the proposed name in writing (the proposal) to the committee.
(2) Within a reasonable time after receipt of the proposal, the committee shall meet to
consider and review the naming, or renaming, of the public facility. Notice of
the meeting shall be given to all persons who have proposed the names. or rena11q for
the public facility.
(3) After reviewing the proposal iffitablished seleetien eriteria, the
committee shall transmit its recommendation to the city commission regarding
the proposal
the €emmittee.
(a)
@iviRg fe+sens cnless sueh Bersens are ever 100 years ef
age; er, fer living Bersens under 100 years ef age, un{ess the naming er renaming is (i)
appreved by a m4erity ef the members ef the eemmittee; (ii) appreved by the eitysemmis$i referendum
at the next regularly sehedsled eleeti{en and aBBreved by a m4erity ef the eleeterate
veting in sueh referendum; er unless the naming er renaming i+ in exehange fer a
menetary denatien pursuant te seetien 82 595 herein; hewever, this previsien shall net
named prier te June 29, 1991,
{5) Within a reasonable time after receiving the recommendation from the committee on the
oroposal for the naming or renaming, the city commission shall call a public hearing.
lQ$) Notice of the public hearing regarding the naming or renaming of the public facility,
shall be published at least ten (10) days prior to the hearing in a newspaper of general
circulation in the city.
(6) Anv proposed naminq. or re-naminq of a public facilitv approved bv the citv commission
must be aporoved bv a 5/7ths vote. and must be submitted to the electorate of the citv
bv referendum at the next reoularly scheduled election. The name shall be approved bv
a maioritv of the electorate votinq in the referendum.
(l) Notwithstandinq anv other provision of this section, public facilities shall not be named,
or renamed, for livinq persons. unless such persons are over 100 vears of aoe: or, for
livinq persons under 100 vears of aqe, unless the namino or renamino is (i) approved bv
a maioritv of the members of the committee: (ii) approved bv the citv commission bv a
5/7ths vote: and (iii) submitted to the electorate of the citv bv referendum at the next
reqularlv scheduled election and approved bv a maioritv of the electorate voting in such
referendum; er unlesg the nam i€n
@in= However. thls provision shall not applv to public
facllities named or renamed prior to June 29, 1991.
(9) Notwithstandinq anv other provision of this section. the referendum reouirements of this
section shall not aoplv where a public facilitv is to be named or renamed solelv for the
name of the citv, the qeoqraphic area or ohvsical location of the facilitv andior the street
347
or portion of the street where the facilitv is located. the function of the facilitv. or the
current name of the facilitv.
(b) Namino of ilnterior portion(s) of a public facility (includinq naminq of interior portion(s) of a
park) €+flaza.
('1) Where the an interior portion of a public facility, (includinq the naminq of an interior
portion of a oark or the namlnq of an interior portion of a buildinq located within a park)
e+-+rnerc-e-pteze is to be named, or renamed. the procedures in section 82-503(aX1)
throuqh (5) shall applv.
Ia eAt the close of the public hearing, the city commission may approve the proposed name
fe+, or ethenedse rename fsl' the subject interior portion of the public facility--cr-ct-+le
plaza bv a 5/7ths vote. ln seleeting the name' the eity eemmissien shall be geverned by
Its established sel
@
(e) Exterier pertien(s) ef a publie faeility er park,
(1) Where an exterier pertien(s) ef a publie faeility, er where a sark is te be named, the eity
eemmissien may enly eeneider a name appreved by a m4erity ef the members ef the
eemmittee,
i.ve-
e eity by+eferendum at the
ner* regularly seheduled eleetien, The name seleetien shall be appreved by a m4erity
ef the eleeterate veting in the referendum, Netwithstanding any ether previsien ef this
artiele; the referendum requirements ef this seetien shall net apBly where any eity ewned
faeility; net already named fer an individual er individuals pursuant ts eubseetien 82 503
the faeility and/er the street where the faeility is leeated, the funetien ef the faeility, er the
@
(CXs) Co-naming of streets or portions thereof.
(1) Streets, or portions thereof, 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;_lljlether-persens-whe
to be co-named. (iii) private not-for-profit orqanizations with significant historic value to
the CitV and associated with a structure located on the street, or oortion thereof. to be
co-named: (iv) qeosraphic areas within the Citv: or (v) a eommercial establishment that
has been in business in the Citv of Miami Beach for 100 or more vears and which is
located on the street to be co-named. The provisions in this subsection 82-503(c)(1)
shall not applv to streets named or co-named prior to June 21. 2014.
(2) Whenever a request anah+-preposa+ is made to co-name a street, efr€i.-a-M+am+€€a€h
the co-naming shall first be
considered and reviewed by the committee according to the following procedures:
a. Any person, organization, association, corporation or other entity, including a
member of the city, may propose that a street be co-named, if,-h€f,€+-ela-Miami
by submitting the
348
b.
pr€p€se+€f,dler request in writing to the committee. At a minimum, such preBesal
anClsr request shall include the following:
1. The street. or portion thereof. to be co-named: andL! The proposed co-name of the effee+ street, or portion thereof: andz@
3. The reason for the reques[ and
4. lf the proposed co-naminq is requested pursuant to subsection 82-
503(cX1Xi), a factual summary including the date and circumstances under
which the officer died or was killed in the line of duty=; ang[5. lf the proposed co-naminq is requested oursuant to subsection 82-
503(c)(1XiD(iii). a factual summarv confirminq the @
6ity sioniiicant nlsto
associated structure, to the Citv: and
6. lf the proposed co-naminq is requested pursuant to subsection 82-
503(cXlXv). a factual summary confirminq the commercial establishment's
contribution to the City.
Wthin a reasonable time after receipt of the prepesal-andle+ request, the
committee shall meet to consider and review same. Notice of the meeting shall
be given to the person and/or organization that made the request andlerr
€ubm$eC-{he+fopes€l
After reviewing the preBe€affir request, the committee shall transmit a
u+it{en its recommendation to the city commission regarding the prepesafandler
request i The committee's recommendation reouires a simple maioritv vote
unless the Ge namin
+u*es--e
Sy+h€-€em
Within a reasonable time after receiving the recommendation from the
committee, the commission shall call a public hearing regardlng the co-namlng.
Notice of the public hearing shall be published at least ten (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 prepesal
aRdle+ request. Any prepesal-andle+ request to co-name a street or portion
thereof pursuant to this subsection 82-503(CX9) must be approved by a five-
€€rr€f,+hs 5/7th vote of the city commission.
Anv person. not-for-profit orqanization, or commercial establishment to be
recoonized bv the co-namino of a street, or portion thereof. must be in qood
standinq in the communitv at the time of final approval of same bv the city
commission and if, after the street is co-named, the person recoonized, or the
principal(s) of the not-for-profit commercial establishment recoqnized are
subsequentlv convicted or adiudicated quilty of a felonv, the co-name ef_{he
persen-e+-eemmereial-establishment shall be removed from the street siqn. ln
addition, the Citv Commission mav approve the removal of the co-name of a
street at a oublic hearino if said oerson. not-for-profit orqanization. or commercial
establishment is no lonqer in qood standino in the communitv. ln €s€h either
d.
e.
349
case, neither the citv, nor anv of its officers. emplovees, contractors, or aqents,
shall have anv liabilitv to the person. not-for-profit orqanization, or commercial
establishment recoqnized bv the co-naminq of the street or to the principal(s) of
such not-for-profit orqanization or commercial establishment (includinq. without
limitation. if such person or principal(s) ffi are
deceased. his/her heirs. relatives. successors. or assions). and/or anv other
partv(ies). for anv costs or claims resultinq from such removal (and includinq,
without limitation, reimbursement of anv costs incurred for desiqn. fabrication.
installation, and/or maintenance of the street sion, if applicable).
sEcTtoN 4.
That Chapter 82, Section 82-505, of the Miami Beach City Code is hereby deleted as
follows:
if,g €r
@
(a) Whenever there is a prepesal te name er rename a new er existing publie faeility, er
interier pertien ef a publie faeility; within er ewned by the eity, in eensideratien fer
the eemmittee aeeerding te the fellewing preoeduree;
menetary denatien in eensideratien fer naming er renaming a new er existing
@
(2) Within a reasenable time after re€eipt ef the BreBesal; the cemmittee shal.l meet
te eensider and review same, Netiee ef the meeting shall be given te all persens
@
(3) After reviewing the prepesal in aeeerdanee with its established sele€tien eriteria,
the eemmittee shall transmit a written reeemmendatien te the eity eemmissien
regarding+he+{€p€€et
(1) Within a reasenable time after reeeiving the prepesal frem the eemmittee, the eity
@in+
(5) Netiee ef a publie hearing regarding the prepesal shall be published at least ten
(6) At the elese ef the publie hea{ing; the eity eemmissien may appreve the prepesed
name, The naming ef the interier pertien ef a publie faeility, er e+a plaza, shall
.
(7) Where the exterier pertien(s) ef a publie faeility, er e park, is te be named, suefr
++ne+ity-eemmesren=
350
(8) Publie faeilities may be named er renamed after an individual, living er deceased,
eFfi-h€n€r-ot€Je#$r.
(9) A publie faeility will net be named er renamed after an individual whe has
dena{ien
(10) Referendurn requirements shall net appltste this seetien,
SECTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 6. SEVERABILITY.
lf 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 7. 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 a part of the
Code of the City of Miami Beach, Florida. The sections ol this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 8. EFFECTIVE DATE.
This Ordinance shall take effect the day of 2014.
PASSED and ADOPTED this
ATTEST:
day of 2014.
PHILIP LEVINE, MAYOR
RAFAEL E. GMNADO, CITY CLERK
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
Stri*e+n+eugh denotes deletions
APPROVEDASTO
FORM &LANGUAGE
& FOR EXECUTION
F:\ATTO\TURN\ORDIIIANC\Co-Naming Ordinance - June 2014.docx
351
MIAMI HERATD I lliamiHerald.comNE THURSDAY, MAY 29,2014 j ltNEAAIAAAIBNACHCITY OF MIAMI BEACHNOTICE OF PUBLIC HEARINGSFlon.ia, on WedneEday, Juno 11,2014. i6 conslderthe followino:1O:05 a.m.Daf3- lnqunes may be drcctad 1o tha City Atomey's Ofiice at 305-673-7420.1010 a.m.may be diected to the Cly Attomoy\ Ollice at sas 673 747010:15 a.m.Codilical on And An Eiiedi\@ Oale.lnqunies nay bedirccted to the Plah^iog Depaftment a! 3A5-6t3-tS5O,t0:20 a.m"1O:25 a.m.Sevsrabr[y And An Ettecti\o Date. l qui.bs ma/ be dirccted to the Phnntnq Depanment at 3A5-673-7550_'10:30..m.Severab lityi And An Etf6ctivo Dale. hqukis may b€ dnecbd to the Planning DapatTmeot at sos 67s tsso.10:35 a.m,Severab I tyi And An Efi6.lve Date. lnquiies may be dnected to the Plannkg Depadment at 305-673-7550.305-673.751 411:10 a.m.me€ting, or any ilem herein, may be conlinued and under such cncumslan@s, addit onal legal notice need nol be provided.admission ol othe iss inadmissible oriftelevant eviclence, nor does it aulhonze chall€ng€s or appeals nol olherwlse allowsd by law.p easo contact us ilve days in advanco at 305-673-741 1(voice) or T_fY users may also callthe flonda nelay Service at 711.aahe! E. GEnado, City clerkCity ol M amiBeach352