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HomeMy WebLinkAboutLegislation FR (10-08-15)City of Miami Legislation Ordnance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-01260 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION" MORE PARTICULARLY BY ADDING A NEW ARTICLE VII ENTITLED "MUSEUM PARK CONSERVANCY", PROVIDING FOR POWERS, DUTIES, AND SCOPE OF A CONSERVANCY FOR MUSEUM PARK; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") is the owner of that certain 22.5 acre waterfront parcel of land located at approximately 1095 Biscayne Boulevard, Miami, Florida, formerly known as "Bicentennial Park" and now commonly referred to as "Museum Park"; and WHEREAS, Museum Park is an asset with the potential to be transformed into an active, premier destination park, free and open to the public; and WHEREAS, the City held a "Bicentennial Park Charrette" and numerous public meetings regarding the future of Bicentennial Park; and WHEREAS, the Miami City Commission created the advisory Bicentennial Park/Waterfront Renewal Committee, which in conjunction with the City's Planning Department, hired the urban design firm Dover, Kohl & Partners ("Dover Kohl") to develop three (3) options for Museum Park based on public input; and WHEREAS, on February 10, 2001, Dover Kohl led a day long charrette/public design workshop attended by more than 350 people which identified the "cultural park with two (2) museums" as the preferred development alternative for the park; and WHEREAS, in preparation of the park's redevelopment as Museum Park, the City Commission in October 2001 proposed a citywide referendum for the $255 million Homeland Defense/Neighborhood Improvement Bond issue ("Bond Referendum"), which specifically included $10 million for infrastructure improvements to the park and $3.5 million for the Miami Science Museum and Miami Art Museum as a challenge grant for planning and pre -development costs; and WHEREAS, following the City voters approval of the Bond Referendum on November 13, 2001, the City Commission adopted a resolution on July 25, 2002, designating the City Commission's choice of the "Cultural Park" option, also known as Museum Park Miami, as the official design development option for the park; and WHEREAS, a design team led by Cooper, Robertson & Partners ("Cooper Robertson") was chosen to design the park and to site and prepare planning guidelines for the two (2) museums; and WHEREAS, following numerous public hearings and revisions to the Cooper Robertson proposed Museum Park design, the City Commission unanimously approved the Cooper Robertson design City of Miami Page 1 of 6 File Id: 15-01260 (Version: 1) Printed On: 9/29/2015 File Number: 15-01260 ("Cooper Robertson Plan") on March 13, 2008; and WHEREAS, since the Cooper Robertson Plan's adoption, while the Perez Art Museum Miami, f/k/a Miami Art Museum ("PAMM"), has been completed and construction of the Frost Science Museum, f/k/a the Miami Science Museum ("FSM") is substantially underway, the park components of the Cooper Robertson Plan ("Park Components") have not been significantly advanced; and WHEREAS, the ability to fund the capital costs and long-term operating expenses of the Park Components creates unique challenges to the resources of the City; and WHEREAS, the City desires that the design, construction, management programming and third -party fundraising for Park Components of Museum Park be handled by an independent not -for -profit corporation to secure the benefit of the signatory park for present and future generations of Miami residents and visitors; and WHEREAS, the City desires to obtain the benefit of professional management services from an independent not -for -profit corporation in connection with the design, construction, management, programming and fundraising for Museum Park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 38 of the Code of the City of Miami, Florida, as amended ("City Code"), is amended in the following particulars:{1} "CHAPTER 38 PARKS AND RECREATION ARTICLE VII. - MUSEUM PARK CONSERVANCY Sec. 38-248. - Museum Park Conservancy; authorization to enter into a management agreement. The City may, pursuant to Florida Statutes Section 255.60(2)(b), as amended, contract with a 501(c) (3) not -for -profit corporation for the maintenance, preservation, and improvement of Museum Park. The terms for any operational activities, future development, or entrance into a management agreement concerning Museum Park shall be in accordance with this Article. Nothing in this Section shall be construed as to prohibit contractual terms in such a management agreement not in conflict with this Chapter. Sec. 38.249.- Purpose, scope, and definitions. (a) The Conservancy shall direct, operate, manage and maintain all aspects of the City -owned property known as Museum Park ("Park"), for the purposes of ensuring maximum community utilization and enjoyment, fundraising for its operations and capital needs, and promoting Museum Park as a signature civic and cultural space. (b) For the purposes of this chapter, definitions used shall be as follows: City shall mean the City of Miami, Florida. Conservancy shall mean the 501(c)(3) not -for -profit corporation that has entered into a contract with the City for the abovementioned purpose in accordance with the requirements of this Article. City of Miami Page 2 of 6 File Id: 15-01260 (Version: 1) Printed On: 9/29/2015 File Number: 15-01260 Park shall mean: Tract "A" of Museum Park, according to the plat thereof, as recorded in Plat Book 169, Page 27 of the Public Records of Miami -Dade County, Florida, and any and all real property, infrastructure, public rights of way and submerged lands that abuts such property in which the Conservancy may in the future obtain control or operational authority. Sec. 38-250. - Powers, purposes and duties of the conservancy. (a) The Conservancy shall have the power to do all things necessary to direct, manage and maintain Museum Park, its grounds and improvements thereon, including the ability to hire and terminate its own staff. Additionally, the Conservancy shall have the power to contract in its own name, without prior approval by the City Manager or City Commission, subject to applicable law, existing obligations of the Conservancy or City, and budgetary restrictions. Additional powers of the Conservancy include, but are not limited to the following: (1) The power to plan, design, and construct additional improvements to the Park, its adjacent submerged lands, or any landscaping within the Park consistent with any existing or future master plan for the same. (2) The power to plan, conduct, coordinate, and promote educational or cultural events or programs within the Park. (3) The power to establish additional reasonable use rules for the Park or any portion thereof in addition to those rules contained in Chapter 38 of the City Code. (4) The power to establish usage fees for private events and to reasonably condition or deny the permitting of the same, provided that nothing in this Article shall be construed as requiring the Conservancy to allow such events. Sec. 38-251 - Waiver of fees. Notwithstanding any provision in the City Code to the contrary, the Conservancy shall have the power to be exempt from all fees proscribed by Chapter 62 of the City Code and, with the exception of those fees required by the State of Florida or Miami -Dade County, Chapter 10 of the City Code, upon written request to, and concurrence of, the City Manager. Sec. 38-252. - Appointment, term, qualifications, compensation, general powers and responsibilities of the executive director. There shall be an executive director who shall be appointed by the governing board of the Conservancy. Additionally, each successor executive director shall be similarly appointed and approved. The executive director shall be a person of good moral character and have an excellent reputation for integrity, responsibility, and business ability, provided that no board member shall be eligible for appointment as executive director. The executive director shall receive such salary as shall be fixed by the Conservancy board, The executive director shall take an oath before entering upon any duties. The executive director shall act as the chief executive officer of the Conservancy. Subject to the policy directives of the Conservancy, the executive director shall have general supervision over and be responsible for the management and operation of all Conservancy properties, activities, and facilities. The executive director shall execute all contracts on behalf of the Conservancy after approval by the board. The executive director shall attend all meetings of the Conservancy board, shall furnish the Conservancy a quarterly report with respect to the management, operation, and maintenance of the Park, and the financial condition of the Conservancy, and shall from time to time have prepared and shall furnish such reports, audits and other information relating to the Park and to said Conservancy as may be required by the Conservancy board. In the event that the executive director shall for any reason be temporarily incapable of exercising the powers of performing the duties and functions of his office, the Conservancy board may appoint an acting executive director to exercise such powers and to perform such functions and duties until such incapacity of the executive director City of Miami Page 3 of 6 File Id: 15-01260 (Version: 1) Printed On: 9/29/2015 File Number: 15-01260 shall be terminated. Sec. 38-253. - Employment. Subject to the policy directives of the Conservancy and budget limitations, the executive director shall employ such employees as are necessary to provide for the efficient operation of the Conservancy, the Park, its grounds, and improvements thereon. Said employees shall be employees of the Conservancy and shall be afforded no rights or benefits as a City employee. Sec. 38-254. - Encouragement of private enterprise. The Conservancy shall, to the greatest extent it determines to be feasible, implement the exercise of its powers in a manner which utilizes and encourages the fullest and most active participation and cooperation of private enterprise, particularly private fundraising efforts to defray the cost associated with operation of the Conservancy and its responsibilities to the Park and improvements situated thereon. Sec. 38-255. - Charge for use. A use charge is hereby assessed on all private promoters of events or activities held in the Park. Revenues from such charge shall be allocated to defray operational costs of the Park. The charge for use of the Park or portion thereof by private event promoters shall be established by the Conservancy's executive director at fair market value and may be a separate charge or may be incorporated as part of an unapportioned user fee. Sec. 38-256. - Naming rights. Notwithstanding Section 38-67 of the City Code, as amended, the Conservancy shall have the power to enter into agreements regarding naming rights for the Park, any portion of the Park, or any improvements thereon, provided that the granting of naming rights to any portion or all of the property results in a fair market return to the Conservancy. This Section shall not be construed as granting the Conservancy the power to grant naming rights to improvements within the Park for which prior agreements thereto exist. Sec. 38-257. - Annual report and audit. (a) The executive director shall submit to the Conservancy board an annual report and an annual audit. The audit shall be performed by an external auditor who is a certified public accountant. (b) Additionally, the City shall have the right to audit any books, accounts, expenditures, receivables, and contracts of the Conservancy at any time. Sec. 38-258. - Contributions. It is the intention of the City Commission that the Conservancy actively solicits contributions and financial support from private business interests and any other governmental authorities. To further this goal, the Conservancy is specifically authorized to accept donations from private entities to help defray costs associated with the operations of Museum Park and for capital improvements thereon. Sec. 38-259. - Abolition of Conservancy. The City Commission, by a unanimous vote and pursuant to the terms contained in the management agreement, may abolish the Conservancy, at which time the powers and duties of the Conservancy shall revert to the City and the City shall resume responsibility for the maintenance, operation and management of the Park, provided that any funds already allocated to the park by the City or any other governmental entity, including funds raised by the Conservancy from private sources, shall be expended exclusively within the Park. City of Miami Page 4 of 6 File Id: 15-01260 (Version: 1) Printed On: 9/29/2015 File Number: 15-01260 Sec. 38-260. - Authorization of the Museum Park Conservancy to allow the sale and/or dispensation of alcoholic beverages, including beer and wine, for special events, performances or programs. (a) Notwithstanding any provision in the City Code to the contrary, the Conservancy, or its executive director, on such special occasions and for such special events, performances or programs as deemed appropriate by the Conservancy board, may permit, upon execution of an application/permit form and upon payment in full of the permit fee to be set by the Conservancy, the sale or dispensing of alcoholic beverages, including beer and wine, in soft containers in the Park. (b) Such sales or dispensing of alcoholic beverages, including beer and wine, are subject to compliance with all applicable state and local laws, rules, regulations and with any special conditions set forth on the application/permit form. Sec. 38-260. - Criteria for denial of permits for use of Museum Park and its facilities. To the extent permitted by law, the Conservancy may deny a permit for the use of its facilities if the applicant, or the person on whose behalf the application is made, has on prior occasions made material misrepresentations regarding the nature or scope of an event or activity previously permitted or has violated the terms of prior permits issued to or on behalf of the applicant. The Conservancy may also deny a permit on any of the following grounds: (a) The application for permit (including any required attachments and submissions) is not fully completed and executed; (b) The applicant has not tendered the required application fee with the application or has not tendered the required user fee, use -agreement or other type of agreement, insurance certificate, or security deposit within the times prescribed by the executive director; (c) The application contains a material falsehood or misrepresentation; (d) The applicant is legally incompetent to contract or to sue and be sued; (e) The applicant or the person on whose behalf the application was made has on prior occasions damaged conservancy property and has not paid in full for such damage, or has other outstanding and unpaid debts to the conservancy; (f) A fully executed prior application for the same time and place has been received, and an agreement has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the park or part hereof; (g) The use or activity intended by the applicant would conflict with previously planned programs organized and conducted by the conservancy or the City and, previously scheduled for the same time and place; (h) The proposed use or activity is prohibited by or inconsistent with the classifications and uses of the park or part thereof designated pursuant to this Chapter; (i) The use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, other users of the Park, Conservancy employees, or the public; (i) The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the Conservancy and or other applicable governmental entity concerning the sale or offering for sale of any goods or services; or (k) The use or activity intended by the applicant is prohibited by law, by the City Charter, this Code, the zoning code or ordinances of the City, by the regulations or bylaws promulgated by the Conservancy, or the operating agreement between the Conservancy and the City. Section 2. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is City of Miami Page 5 of 6 File Id: 15-01260 (Version: 1) Printed On: 9/29/2015 File Number: 15-01260 declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVE 'I AS TO FORM AND CORRECTNESS: 1 VICTORrA MENDEZ CITY ATTORNEY Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material, {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 6 of 6 File Id: 15-01260 (Version: 1) Printed On: 9/29/2015