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HomeMy WebLinkAboutOrdinance 2026-4823ORDINANCE NO. 2026-4823 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," ARTICLE VII, ENTITLED "ART IN PUBLIC PLACES," DIVISION 1, ENTITLED "GENERALLY," SECTION 82-537 THEREOF, ENTITLED "DEFINITIONS," TO CREATE CERTAIN DEFINED TERMS; AMENDING DIVISION 2, SECTION 82-562 THEREOF, ENTITLED "POWERS AND DUTIES," TO MODIFY THE POWERS OF THE ART IN PUBLIC PLACES ("AIPP") COMMITTEE; AMENDING DIVISION 3, ENTITLED "FUND," SECTION 82-587 THEREOF, ENTITLED "APPROPRIATIONS BY THE CITY TO THE FUND," TO AMEND REQUIREMENTS FOR AN AIPP ALLOCATION TO BE IMPLEMENTED ON THE SITE OF A CITY CONSTRUCTION PROJECT; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach ("City") has previously recognized that cultural and artistic resources, including works of art and the performing arts, enhance the quality of life of residents, workers, and visitors of the City and enhance the quality of the urban environment and property values in the City; and WHEREAS, Article VI of Chapter 82 of the City Code provides for an Art in Public Places ("AiPP") program whereby the City makes certain funds available to acquire, install, and maintain works of art on public property within the City and in City construction projects; and WHEREAS, the Mayor and City Commission desire to expand opportunities for the implementation of the AiPP program where AiPP allocations may be utilized on -site, as deemed appropriate by the Mayor and City Commission; and WHEREAS, the Mayor and City Commission find that the purposes of the AiPP would be enhanced by, and therefore desire to, allow the Mayor and City Commission to require, on a five - sevenths vote, that the required AiPP appropriation be utilized on the site of the city construction project or public -private project following a selection process pursuant to Article VI of Chapter 82 of the City Code, entitled "Art in Public Places"; and WHEREAS, the Mayor and City Commission further desire to require that, whenever the City Commission finds a public -private project is an appropriate site for works of art, then any work of art funded and selected pursuant to this article as part of such public -private project shall be installed in or affixed to the exterior of the project in an outdoor space or location open and accessible to the public at all reasonable times. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 82-588 of Chapter 82 of the Miami Beach City Code is hereby amended as follows: CHAPTER 82 PUBLIC PROPERTY ARTICLE VII. ART IN PUBLIC PLACES DIVISION 1. GENERALLY Sec. 82-537. Definitions and exemptions. 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: Art in public places means works of art of exceptional quality executed on an appropriate scale and for public access in public places other than museums, which enrich and give diversion to the public environment. Art in public places committee means the advisory committee appointed by the city commission to carry out the duties and functions set forth in this article. City construction project means any construction contract for any city -owned building, facility, or other city -owned property including, but not limited to, parks, pools, recreation trails, baywalks, beachwalks, streetscape beautification projects, and golf courses, to which the city is a party, for (i) new construction (ii) additions; or (iii) renovations having a value equal to or greater than $ 250,000.00. agreement-. Construction cost means "hard costs" associated with construction of a city construction project. Land acquisition costs, architect and engineering fees, environmental remediation costs, and costs associated with subsequent changes in construction contracts, except as provided in the proceeding sentence, are not included. An adjustment will be made to an original art in public places appropriation only for construction costs associated with city requested changes in scope requiring additional appropriations more than $250,000.00 in the aggregate. Public -private project means a city construction project that is developed by persons or entities other than the city, but which require the participation of the city as a party to a (i) development agreement, (ii) ground lease, or (iii) management agreement for a city -owned building or facility having a term of ten years or more (including renewal terms) where such management agreement contemplates that the manager/operator will design and construct a city building or facility as part of the terms of such agreement. Professional advisory committee means a group of arts professionals selected by the arts in public places committee and confirmed by the city commission to recommend works of art or 2 artists for one or more acquisitions. The committees may also contain up to two members of the design review board or historic preservation board, to be determined and selected by such boards, depending upon the location of the project for which the art is intended, and which board would have jurisdiction over the project. Works of art means the application of skill and taste to production of tangible objects according to aesthetic principles, including, but not limited to, paintings, sculptures, engravings, carvings, frescos, mobiles, murals, collages, mosaics, statues, bas-reliefs, tapestries, photographs and drawings, or combinations thereof; and artist -designed public facilities, buildings, and/or spaces and functional elements, either as integral parts of a larger project or as a separate entity. The provisions of this article shall not apply to the new construction of, renovations, or additions to the following city construction projects: a. Water and sewer related facilities, such as pump stations, water mains, water lines, sewer lines, treatment facilities, etc. b. Storm drainage infrastructure. Road construction or bridges, provided, however, that streetscape beautification projects, which may include, but are not limited to: resurfacing, new curbs, gutters, pavers, sidewalks, landscaping, lighting, bus shelters, bus benches, street furniture and signage, and similar above -ground improvements, shall not be exempted and shall be subject to the provisions of this article. d. City construction projects undertaken to replace, reconstruct, or repair an existing public building or facility damaged or destroyed by a sudden unexpected turn of events, such as an act of God, riot, fire, flood, accident, or other urgent circumstance. e. The construction, remodeling, repair or improvement to a public electric or gas utility system. f. Where the city construction project is undertaken as a routine repair or maintenance of an existing public facility. g. Low-income or moderate -income housing or workforce housing developments constructed on city -owned land, either by the city or by persons or entities other than the city, pursuant to a (i) development agreement with the city, (ii) ground lease, (iii) a purchase and sale agreement relating to the sale of any city property, or (iv) management agreement with the city, provided the development satisfies all of the requirements for such low-income, moderate -income or workforce housing units, as set forth in chapter 58 of the City Code. DIVISION 2. ART IN PUBLIC PLACES COMMITTEE Sec. 82-562. Powers and duties. The art in public places committee shall have the following powers and duties: (1) To recommend to the city commission whether a particular proposed city construction project is an appropriate site for works of art and whether all or a part of the appropriation required by section 82-587 should be utilized at the site; or reduced or waived in its entirety; or placed, whether in its entirety or a portion thereof, in the art in public places fund for other acceptable uses. (2) To recommend to the city commission the selection of existing works of art or to determine whether to recommend the selection of new works of art, and screen submissions therefore, for the fulfillment of the requirements of this article. (3) To conduct contests and competitions to select works of art to be recommended for a site. (4) To recommend a professional advisory committee to advise the committee and city commission regarding selection of works of art for a city construction project. (5) To recommend whether to install or affix all or any portion of a work of art onto the interior or exterior of the subject property. (6 6)To recommend to the city commission the maintenance and insurance necessary to preserve and protect works of art. (6 7)To make a recommendation to the city commission regarding proposed projects that include works of art and to participate in the planning of such projects. (7 8)To recommend legislation concerning public works of art in the city. (6 9)To make recommendations to the city commission regarding the placement of proposed donations of works of art for placement on public property in the city. (9 10) To provide an advisory recommendation to private nonprofit applicants seeking to install works of art in public places and/or noncommercial artistic murals, graphics and images on private or city -owned buildings, which mural, graphic or image art is not funded by the city. (4-0 11) To perform all other duties and functions as requested by the city commission. DIVISION 3. FUND Sec. 82-587. Appropriations by the city to the fund. (a) All appropriations of city funding for city construction projects shall include an appropriation of funds to the art in public places fund. The amount appropriated to the art in public places fund shall not be less than two percent of the construction cost of the city construction project. The appropriation to the fund shall be made at the time of the award of the construction 4 contract for said city construction project. For city requested changes in scope requiring additional appropriations more than $250,000.00 in the aggregate, at the time of appropriation of monies for the subject changes in scope, the applicable art in public places funding allocation shall be transferred to the art in public places fund. (b) For Gity Gon6tFUGerg public -private projects that are developed by persons and eRtities other developed pursuant to a maRagement agFeement haViRg a term ('nG!ud'Rg FeRewal terms) building or faGilit!f, the required appropriation shall be made at the same time as the appropriation of funding for the GonStFUGtien public -private project and be based upon the construction cost, regardless of whether the construction cost is funded by the city or the person or entity other than the city. (c) In considering the required appropriation for a particular city construction project or public - private project, the city commission may, by resolution approved on 4 a five -sevenths t5/7ths) vote: (1) Waive the required appropriation, finding such waiver to be in the best interest of the city; (2) Reduce the required appropriation amount; er (3) Find that the particular city construction project or public -private project is not an appropriate site for works of art, and require the appropriation pursuant to section 82- 587 to be utilized on the site of the city construction project or public -private project following a selection process for work(s) of art pursuant to this article -mri plane all Or &4e- , or Find the particular city construction project or public -private project is not an appropriate site for works of art, and place all or a portion of the required appropriation in the art in public places fund for use at another site. (d) The city commission shall also consider whether the funding source for a particular city construction project is restricted by public bond covenants; federal, state or local laws; and/or legal parameters which would require that the appropriation be utilized on the particular city construction project site or public -private project site. (e) Prior to making a final determination as to the required appropriation for a city construction project or public -private project, the city commission shall consider the recommendation of the art in public places committee. Whenever the city commission finds the particular public -private project is an appropriate site for works of art, then any work of art funded and selected pursuant to this article as part of such public -private project shall be installed in or affixed to the exterior of the project in an outdoor space or location open and accessible to the public at all reasonable times. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. on 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 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 a part of the Code of the City of Miami Beach, Florida. The sections of 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 5. EFFECTIVE DATE. This Ordinance shall take effect the � day of PIUIA , 2026. PASSED and ADOPTED this cZO day of M? , 2026. ATTEST: -.1-N MAY 2 6 2026 Rafael E. Granado City Clerk (Sponsored by Commissioner Tanya K. Bhatt) Underline denotes additions StFike threuo denotes deletions L Steven Meiner Mayor INtORPEORATE APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION � J I o City ttorney ra Date Ordinances - R5 L MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: City Attorney Ricardo J. Dopico DATE: May 20, 2026 9:50 a.m. Second Reading Public Hearing TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," ARTICLE VII, ENTITLED "ART IN PUBLIC PLACES," DIVISION 1, ENTITLED "GENERALLY," SECTION 82- 537 THEREOF, ENTITLED "DEFINITIONS," TO CREATE CERTAIN DEFINED TERMS; AMENDING DIVISION 2, SECTION 82-562 THEREOF, ENTITLED "POWERS AND DUTIES," TO MODIFY THE POWERS OF THE ART IN PUBLIC PLACES ("AIPP") COMMITTEE; AMENDING DIVISION 3, ENTITLED "FUND," SECTION 82-587 THEREOF, ENTITLED "APPROPRIATIONS BY THE CITY TO THE FUND," TO AMEND REQUIREMENTS FOR AN AIPP ALLOCATION TO BE IMPLEMENTED ON THE SITE OF A CITY CONSTRUCTION PROJECT; AND PROVIDING FOR REPEALER, CODIFICATION. SEVERABILITY, AND AN EFFECTIVE DATE. BACKGROUND/HISTORY The City of Miami Beach ("City") has an Art in Public Places Program whereby the City makes certain funds available to acquire, install, and maintain works of art on public property within the City and in City construction projects so as to enhance the quality of the urban environment and property values in the City. ANALYSIS The attached Ordinance is presented on First Reading by the sponsor, Commissioner Tanya K. Bhatt, for the consideration of the Mayor and City Commission. The Ordinance creates the definition of a "public -private project". The Ordinance amends Section 82-562 to give the Art in Public Places Committee the power to recommend whether to install or affix all or any portion of a work of art onto the interior or exterior of a project site. Additionally, the Ordinance amends Section 82-587 to permit AiPP allocations to be utilized on the site of a city construction project following the art selection process set forth in Article VII of Chapter 82 of the City Code, as deemed appropriate by the Mayor and City Commission on a five -sevenths waiver. The Ordinance also amends section 82-587 to require that a work(s) of art selected and installed on the site of a public -private project shall be installed or affixed to the exterior of the site in an outdoor space or location that is accessible to the public at all reasonable times. FISCAL IMPACT STATEMENT 569 of 1709 N/A Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: 4/7/2026 See BIE at: https•//www miamibeachflgov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION CONCLUSION Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? No Is this item related to a G.O. Bond Proiect? No Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department City Attorney Sponsor(s) Commissioner Tanya K. Bhatt Co-sponsor(s) Condensed Title NR- 9:50 a.m. 2nd Rdg, Art in Public Places. (Bhatt) CA Previous Action (For City Clerk Use Only) 570 of 1709 Not reached on 4/22/2026 - R5 Y; First Reading Public Hearing on 3/18/2026 - R5 Y 571 of 1709