Ordinance 99-3170 ORDINANCE NO. 99-3170
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,
REPEALING,IN ITS ENTIRETY, CHAPTER 82 ARTICLE VI
OF THE MIAMI BEACH CITY CODE,ENTITLED "NAMING
OF PUBLIC FACILITIES AND STREETS",AND REPLACING
SAME WITH THE FOREGOING NEW LANGUAGE;
PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, Article VI, Sections 82-501 through 82-504 of Chapter 82, of the Miami Beach
City Code provides for the naming of public facilities and streets and for the re-naming of existing
public facilities or streets within or owned by the City of Miami Beach; and
WHEREAS, requests are also made by the public for approval to establish monuments and
memorials in honor of individuals or events of significance in Miami Beach; and
WHEREAS, the Miami Beach City Code does not provide a process by which to evaluate
such proposals and requests; and
WHEREAS,the foregoing ordinance not only adds requirements and establishes criteria for
the establishment of monuments and memorials, but also clarifies the existing provisions of Chapter
82, Article VI, of the Miami Beach City Code regarding the naming of public facilities and streets.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Miami Beach City Code Chapter 82, Article VI, Sections 82-501 - 82-504, is repealed in its
entirety, and replaced with the following new language, as follows:
1
ARTICLE VI. NAMING OF PUBLIC FACILITIES AND STREETS AND
ESTABLISHMENT OF MONUMENTS OR MEMORIALS
Sec, 82-501. Generally.
No public facility or street located in or owned by the city shall be named except in
accordance with the procedures set forth in this article.
(Code 1964, § 39-24)
No monument or memorial shall be established within the city except in accordance with the
procedures set forth in this article
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, or any other such committee designated by the city commission to review and recommend
names for public facilities and streets and approve the establishment of monuments or memorials to
be located within or owned by the city.
Main street means one of the following roadways located in the city: MacArthur Causeway -
Fifth Street Venetian Causeway:Dade Boulevard:41st Street; 71st Street:Normandy Drive; Collins
Avenue;Washington Avenue; Indian Creek Drive; Pine Tree Drive: Alton Road; Lincoln Road; and
Ocean Drive.
Memorial means a site, art work or structure created to preserve the memory of a significant
event(s) or person(s).
2
Monument means a bust, sculpture, or similar structure. erected in honor of a significant
' event(s) or person(s).
Plaza means an open public square.
Public facility means any public building, plaza or park owned by the city.
(Code 1964. § 39-25)
Cross reference-Definitions generally,§1-2.
Sec. 82-503. Review and recommendation committee.
(a) Public facilities or streets.
Whenever a name is needed for a new public facility or street, or whenever there is
a proposal to rename an existing public facility or street within or owned by the city, the naming, or
renaming. shall first be considered and reviewed by the committee according to the following
procedures:
(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 street, or may propose renaming
an existing public facility or street. at any time by submitting a proposed name
to the committee.
(2) Within a reasonable time after receipt of the proposal, the committee shall
meet to consider and review proposals for the naming. or renaming. of the
public facility or street. Notice of the meeting shall be given to all persons
who have proposed names for the public facility or street.
3
(3) After reviewing the proposal in accordance with its established selection
criteria. the committee shall transmit a written recommendation to the city
commission regarding the proposal;the recommendation may also include any
names proposed by the committee.
(4) Notwithstanding any other provision of this section. streets and public
facilities shall not be named, or renamed, for living persons unless such
persons are over 100 years of age: however. this provision shall not apply to
streets and public facilities named or renamed prior to June 29. 1991.
(Code 1964. § 39-26; Ord. No. 95-2998. § 1(39-26). 6-21-95)
Monuments or memorials.
Whenever there is a proposal to establish a monument or memorial on public property
in the city.the establishment shall first be considered and reviewed by the committee according to the
following procedures:
(1) Any person. organization, association, corporation or other entity. including
a member of the city commission or the administration of the city, may
propose the establishment of a monument or memorial at any time by
submitting a proposal to the committee.
(2) Within a reasonable time after receipt of the proposal, the committee shall
meet to consider and review proposals for the establishment of the monument
or memorial. Notice of the meeting shall be given to all persons who have
proposed the establishment of the monument or memorial.
4
(3) After reviewing the proposal in accordance with its established selection
criteria, the committee shall transmit a written recommendation to the city
commission regarding the proposal.
Sec. 82-504. Public hearing; selection of name or approval of establishment by city
commission; referendum; sunsetting of name designation.
(a) Interior portion of a public facility or a plaza or streets (other than main
streets).
(1) Within a reasonable time after receiving the recommendation for a naming. or
renaming. from the committee. the city commission shall call a public hearing.
(2) Notice of a public hearing regarding the naming or renaming of the interior
portion of a public facility or a plaza or street (other than a main street) shall
be published at least ten days prior to the hearing in a newspaper of general
circulation in the city.
(3) At the close of the public hearing the city commission may select a name for,
or rename, the subject interior portion of a public facility or a plaza or street
(other than a main street). In selecting the name, the commission shall be
governed by its established selection criteria:however, the name selected need
not be one recommended by the committee.
(4) Except as otherwise provided by law or contract, any name designation
established after July 3. 1996. shall automatically sunset ten years from its
designation date. Within the last year of the name designation. the city
5
commission may extend the designation for one additional period of up to ten
years. the extension to automatically sunset at the expiration of said extension
period. The Bass Museum of Art shall be exempt from the name designation
sunset provisions of this subsection.
(b) Public facilities (other than the interior portion of a public facili y or a plaza)
or main streets
(1) Within a reasonable time after receiving the recommendation for a naming, or
renaming. from the committee,the city commission shall call a public hearing.
(2) Notice of a public hearing regarding the naming or renaming of a public
facility(other than the interior portion of a public facility or a plaza) or main
street shall be published at least ten days prior to the hearing in a newspaper
of general circulation in the city.
(3) Where a public facility (other than the interior portion of a public facility or
a plaza) or main street is to be named, the city commission may only consider
a name approved by a majority of the members of the committee.
Additionally. any name so selected 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. The
Miami Beach Garden Center and Conservatory shall be exempt from the
referendum requirements of this section.
6
(4) Except as otherwise provided by law or contract, any name designation
established after July 3. 1996. shall automatically sunset ten years from its
designation date. Within the last year of the name designation, the city
commission may extend the designation for one additional period of up to ten
years,the extension to automatically sunset at the expiration of said extension
period. The Bass Museum of Art shall be exempt from the name designation
sunset provisions of this subsection.
(Code 1964, § 39-27: Ord. No. 96-3046, § 1. 7-3-96; Ord. No. 98-3128, § 1. 7-1-98)
(c) Monuments or Memorials
(1) Within a reasonable time after receiving the recommendation for the
establishment of a monument or memorial from the committee, the city
commission shall call a public hearing.
(2) Notice of a public hearing regarding the establishment of the monument or
memorial shall be published at least ten days prior to the hearing in a
newspaper of general circulation in the city.
(3) At the close of the public hearing the city commission may approve the
establishment of the monument or memorial. In approving the establishment,
the commission shall be governed by its established selection criteria.
(4) The city commission may only consider a proposal to establish a monument
or memorial that has been approved by a majority of the members of the
committee. Additionally. any proposal to establish a monument or memorial
7
must be approved by a five-sevenths vote of the city commission,
(5) Upon approval of the establishment of the monument or memorial, the city
commission shall forward the proposal to the art in public places committee.
The art in public places committee will then make a recommendation
regarding the location, aesthetic quality, maintenance, and other related issues.
in accordance with the its established criteria. The art in public places
committee will report back to the city commission with their
recommendation(s).
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect ten (10) days after its adoption.
PASSED and ADOPTED this 17th day of February , 1999.
1/11
MAYOR
ATTEST:
APPROVED AS TO
P,Auit. )( Gil, E° 8' LANGUAGE
& FOR EXECUTION
CITY CLERK
F:\CMGR\SALLUUDY\COMMAFF\COMMMEMO\MONUMENT.ORD /� /
1st reading 2/3/99 [J I
2nd reading 2/17/99AtorrFoy
8 t`'24.94! --is
ATTACHMENT A
Monuments and Memorials
5 - Year Requirement
1. Ordinance to Establish a Procedure for the Review and Approval of Monuments and
Memorials
The Ordinance before the Commission on February 3, 1999 repeals Chapter 82 of the City
Code entitled "Naming of Public Facilities and Streets" and replaces it with language that
provides a procedure to address requests for monuments and memorials.
The new procedure includes a process whereby the Community Affairs Committee, City
Commission and Art in Public Places review the proposal.
The reviews at committee level cannot be arbitrary, the code states that each reviewing
committee must conduct the review in accordance with established selection criteria.
Accordingly, both Community Affairs and Art in Public Places have established their
own selection criteria to be used.
2. Selection Criteria
1. Community Affairs adopted its criteria by resolution at the December 16, 1998 City
Commission meeting (Resolution No. 98-23004, attached). The criteria adopted by
the Community Affairs Committee includes a 5-year requirement (see below).
2. Art in Public Places adopted its criteria by resolution at the December 16, 1998 City
Commission meeting (Resolution No. 23005, attached).
3. As a result of this new procedure, the Art in Public Places Committee had to make an
ordinance amendment at the December 16, 1998 City Commission meeting to include
a reference under "powers and duties" of the committee stating AIPP's part in the
review process (Ordinance No. 99-3162, attached).
3. 5-Year Requirement
Community Affairs Committee elected to include as part of its selection criteria a requirement
that "individual nominees will not be considered until they have been deceased for no less
than 5 years; and for memorials, events worth of consideration shall have taken place at
least 5 years prior to consideration."
The above requirement is mandatory and must be met by all proposals. This requirement,
along with other requirements established by Community Affairs Committee was presented
to Commission on December 16, 1998 (#2 above) as part of the Committee's selection
criteria.
The Committee did not make any changes to the procedure for naming public facilities or
streets.
F:\CMGR\SALLVUDY\COM MAFF\5YR.W PD
Summary of Procedures for Naming or Renaming Public Facilities and Streets; Establishing
Monuments or Memorials on Miami Beach
............................................................................................................................................................................................................................................... .
...............................................................................................................................................................................................................................................
...............................................................................................................................................................................................................................................
Procedure for Namin or Renam n Public Procedure:to:Establ isti Mo n riirien oir ' ` '
m0.tieti rn ll rami batt i :<:::::: •
1. Proposer submits proposed name to the 1. Same.
Community Affairs Committee (referral by City
Commission)
2. Within a reasonable amount of time after 2. Same.
receipt, the Community Affairs Committee
meets to review proposal. Meeting must be
advertised. Proposer must be informed of
meeting date and time.
3. Community Affairs Committee (Committee) 3. Same.
must review proposal in accordance with its (Selection criteria adopted on 12/16/98).
established selection criteria.
4. Committee transmits a written 4. Same.
recommendation to the City Commission.
5. Commission sets a public hearing to hear 5. Same.
item. Notice of public hearing must be
published at least 10 days prior to Commission
meeting.
6. Interior portion of a public facility or a plaza 6. N/A
or streets (other than main streets).
Commission holds public hearing. At the close
of the public hearing the City Commission may
select a name for, or rename, the subject
interior portion of a public facility or a plaza or
street (other than a main street). In selecting
the name, the Commission shall be governed by
its established selection criteria; however, the
name selected need not be one recommended
by the Committee.
Page 1
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: :Y:iiiiiiiiiiiii::::::' :;;;.s ::;..:. ::i::::i::::i :i: :::::::: Y::::: ::; ;:::::::: isv::::i:::i: :: ::::::::::::::i
l agile €OV:S �00tO Mempnaks of:: rami'ileac t >< '< :::>:::<:>:::::<:.,,.:„.
7. Public facilities (other than the interior 7. The City Commission may only consider a
portion of a public facility or a plaza) or main proposal to establish a monument or
streets. memorial that has been approved by a
majority of the members of the Community
Where a public facility (other than the interior Affairs Committee.
portion of a public facility or a plaza) or a main
street is to be named, the City Commission
may only consider a name approved by a
majority of the members of the Committee.
Commission holds public hearing. Any name Commission holds public hearing. Any
selected by the City Commission must be proposal to establish a monument or
approved by a five-sevenths vote and must be memorial must be approved by a five-
submitted to the electorate of the city by sevenths vote of the Commission.
referendum at the next regularly scheduled
election.
The name selection shall be approved by a
majority of the electorate voting in the
referendum. (The Miami Beach Garden Center
and Conservatory shall be exempt from the
referendum requirements of this section.)
8. City Commission selects a name for, or 8. City Commission may approve the
renames subject public facility or street. establishment of the monument or memorial.
9. N/A 9. Upon approval of the establishment of
monument or memorial the City Commission
shall forward the proposal to the Art in
Public Places Committee (AIPP).
10. N/A 10. AIPP will make a recommendation
regarding the location, aesthetic quality, cost
of maintenance and other related issues in
accordance with its established criteria.
11. N/A 11. AIPP will report back to the City
Commission with its recommendation.
12. N/A 12. City Commission will give final approval
or denial on all details of monument or
memorial to be established.
Page 2
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...............................................................................................................................................................................................................................................
000 l' ; l m 4 ..
0n Pllb1 .:;;;.kplO d'g I#; tt 1i 4, 0nUnten .:O'.. ;
es
Restrictions/Requirements:
1. Streets and public facilities shall not be 1. Nominees will not be considered until
named or renamed for living persons unless they have been deceased for no less than 5
such persons are over 100 years of age. years; events must have taken place 5
years prior to consideration. Individual's
action and subject matter must represent
broad community values. (see attached
Commission Memorandum No. 861-98
for additional criteria established by the
Community Affairs Committee).
Design, placement, and installation shall
be subject to administrative design
review. Cost for design, fabrication,
installation and maintenance to be
underwritten by donor. (see attached
Commission Memorandum No. 862-98
for additional criteria established by
AIPP).
2. Any name designation established after July 2. N/A
3, 1996 shall automatically sunset ten years
from its designation date. (Commission may
extend within the last year of the name
designation for one additional period of up to
10 years) (exception: Bass Museum)
F:\C MGR\SALLUUDY\COMMAFF\5YR.TBL
Page 3
•
"' ITY OF MIAMI BEACH
:ITV HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
ttp:\1ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. 86 I-98
TO: Mayor Nelsen O.Kasdin and DATE: December 16, 1998
Members of the City Co9rmission
FROM: Sergio Rodriguez i
City Manager 66
SUBJECT: A RESOL ION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE SELECTION
CRITERIA ESTABLISHED BY THE COMMUNITY AFFAIRS
COMMITTEE TO EVALUATE REQUESTS FOR THE PLACEMENT OF
MONUMENTS AND MEMORIALS IN MIAMI BEACH.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City regularly receives requests for monuments or memorials to be placed in Miami Beach;
however, there is no established procedure to evaluate such requests. At its meeting of October 29,
1998, the Community Affairs Committee reviewed selection criteria for such proposals.
ANALYSIS
The Community Affairs Committee reviewed and summarized a list of the policies enacted by the
following municipalities: City of Coral Gables, City of Seattle, Miami-Dade County, San Francisco
Arts Commission(for City and County donations) and the City of Chicago. Based on these policies,
the Committee established criteria to evaluate requests for proposals of monuments and memorials
in Miami Beach.
The criteria was divided into three sections: Section A - Prerequisites, lists two options both of
which are mandatory; Section B -Essential Criteria, lists two options, either option must be met; and,
Section C - Secondary Criteria, lists four options, at least one of which must be met.
Section A - Prerequisites
1. Without exception, individual nominees will not be considered until they have been deceased
for no less than 5 years; and for memorials, events worthy of consideration shall have taken
place at least 5 years prior to consideration.
2. The individual's actions and the proposed subject matter must represent broad community
values that will be meaningful to future generations.
•
3
•
Section 1.3_- Essential Criteria (one of the following two should be met)
1. Individual must have significant contact and relationship with Miami Beach; or
2. The individual must be of international reputation or have significant standing in his/her own
city and his/her time in Miami Beach marked a significant period, in time or importance,
within his/her life and work.
Section C - Secondary Criteria( t least one of the following_four should be met)
1. There are reasonable grounds for believing that the individual is regarded as eminent by a
majority of members of his/her own profession, calling or community;
2. The individual has made some important positive contribution to human welfare;
3. The individual's contribution is exceptional or unique;
4. The individual was such an exceptional and outstanding personality that the well-informed
passer-by immediately recognizes the significance.
Any proposal that is approved by the Community Affairs Committee will be forwarded to the City
Commission for its review and approval.
CONCLUSION
The selection criteria established by the Community Affairs Committee to evaluate requests for the
placement of monuments and memorials on Miami Beach should be approved by the City
Commission.
SR:
T:AGENDAIDECI6IREGULAR\SELECT
RESOLUTION NO. 98-23004
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE CRITERIA
ESTABLISHED BY THE COMMUNITY AFFAIRS COMMITTEE TO
EVALUATE REQUESTS FOR lin, PLACEMENT OF MONUMENTS AND
MEMORIALS ON MIAMI BEACH
WHEREAS, the City regularly receives requests for monuments or memorials to be placed
on Miami Beach; and
WHEREAS, the Community Affairs Committee was created by Resolution No. 98-22693
on March 18, 1998, and is designated to review and make recommendations on requests of this
nature; and
WHEREAS, there is currently no established criteria for the review and approval of said
requests; and
WHEREAS, the Community Affairs Committee, at its regular meeting on October 29, 1998,
voted to approve the attached criteria, to be used to evaluate requests for the placement of
monuments and memorials on Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission herein accept the criteria established by the Community Affairs Committee, and attached
hereto as Exhibit "A", to evaluate requests for the placement of monuments and memorials on Miami
Beach. .
PASSED and ADOPTED this 16th day of December, 1998.
MAYOR
ATTEST: APPROVED AS TO
FORM & LANGUAGE
`moo I GL & FOR EXECUTION
CITY CLE
FACMGR\SALUNDY\COMMAFF
Attachment a !i► � �/I
City Ait ':`! Dote
CRITERIA ESTABLISHED BY THE CONLMUNITY AFFAIRS COMMITTEE ON
OCTOBER 29_1998_ TO EVALUATE REQUESTS FOR THE PLACEMENT OF
MONUMENTS AND MEMORIALS ON MIAMI BEACH
1. The criteria shall be divided into three sections:
Section A- Prerequisites - Iists two options, both of which are mandatory;
Section B - Essential Criteria- lists two options, one of which must be met; and
Section C - Secondary Criteria - lists four options, at least one of which must be met.
Section A - Prerequisites (Mandatory)
1. Without exception, individual nominees will not be considered until they have been
deceased for no less than five (5) years; or for memorials, events worthy of consideration
shall have taken place at least five (5) years prior to consideration.
2. The individual's actions or the proposed subject matter represent broad community values
that will be meaningful to future generations.
Section B - Essential Criteria (one of the following two options must be met)
I. Individual must have significant contact and relationship with the City of Miami Beach; or
2. The individual must be of international reputation or significant standing in his/her own
city and his/her time in the City of Miami Beach marked a significant period, in time or
importance, within his/her life and work.
Section C - Secondary Criteria (at least one of the following four options must be met)
1. There are reasonable grounds for believing that the individual is regarded as eminent by a
majority of members of his/her own profession, calling or community;
2. The individual has made some important positive contribution to human welfare;
3. The individual's contribution is unique or exceptional;
4. The individual was such an exceptional and outstanding personality that the well-informed
passer-by immediately recognizes his/her significance.
EXHIBIT "A"
CITY OF MIAMI BEACH
C;TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
COMMISSION MEMORANDUM NO. 8(...• �g
TO: Mayor Neisen O.Kasdin and
Members of the City Conmission DATE: December 16, 1998
FROM: Sergio Rodriguez /
City Manager
SUBJECT: A RESOLUTION OF THE NL4YOR.AND CITY COM_IUSSION
OF THE BEACH, FLORIDA, ACCEPTING A POLICY AND CRITERIA FOR VrF y AND
RECOivIl1MENDATION FOR ACCEPTANCE OF DONATIONS OF WORKS OF ART ON
PUBLIC PROPERTY LN THE CITY OR LOCATED ON PUBLIC FACILITIES WITHEN THE
CITY; SAID CRITERIA AS ESTABLISHED BY THE ART LN PUBLIC PLACES'
COMMITTEE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City has received a number of requests for donations of works of art, including the establishment of
memorials/monuments,to be placed on City property. On October 30, 1998,the Art in Public Places Committee adopted
the attached policy and criteria for the review and recommendation for donations of works of art. An ordinance
amending the City Code to provide for recommendations by the Art in Public Places Committee regarding proposed
donations of works of art for placement on public property in the City or located on public facilities within the city is
included in this agenda. A resolution establishing policy for memorials/monuments to honor a person or event, as
approved by the Community Affairs Committee, is also contained in this agenda.
ANALYSIS -
The attached Resolution establishes policy for donations of works of art. This policy requires that funding for the design,
fabrication and installation of the project and maintenance and insurance be provided by the donor. The policy further
provides that the An in Public Places Committee will consider established criteria, as described in the attached Exhibit
"A", in recommending the acceptance of a work of art. Additionally, the policy requires administrative design review
for the installation of works of art which are proposed to be donated.
With the exception of memorials/monuments, all donations of works of art will be referred by the City Manager to the
An in Publid Places Committee for review and recommendation to the City Commission, in accordance with established
policy guidelines and criteria. The recommended procedure for donations of memorials/monuments is for the
Community Affairs Committee to make a recommendation to the City Commission. If the City Commission determines
that a memorial/monument is deemed appropriate,the matter will then be referred to the An in Public Places Committee
for review and recommendations with respect to the aesthetic quality and artistic merit of the work, as well as a suitable
location. Following a recommendation from the Art in Public Places Committee.the matter will be presented to the City
Commission for final acceptance or rejection.
CONCLUSION
Tne City Commission should adopt the attached Resolution which Provides for addressing the donation of works of an
in a structured and consistent manner.
SR'CMIC;RS'JC411'1'F '` [
..CR:;s.__...,s_v c3.cM:ssrLo\AT2 3
attachment
RESOLUTION NO: g-230( S
A RESOLUTION OF THE MAYOR AND CITY COMVIISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING
A POLICY AND CRITERIA FOR REVIEW AND
RECOMMENDATION FOR ACCEPTANCE OF
DONATIONS OF WORKS OF ART ON PUBLIC PROPERTY
IN THE CITY OR LOCATED IN PUBLIC FACILITIES
WITHIN THE CITY; SAID CRITERIA AS ESTABLISHED BY
THE ART IN PUBLIC PLACES COMMITTEE.
WHEREAS, the City regularly receives donations of works of art for placement on City
property and/or City facilities; and
WHEREAS,the establishment of procedures for review and recommendation is necessary
in order to address the donation of works of art to be placed on City property and/or City facilities
in a consistent manner; and
WHEREAS,at its regularly scheduled meeting on October 30, 1998,the Art in Public Places
Committee adopted the attached policy and criteria for the acceptance of donations of works of art
for placement on City property and/or City facilities.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Commission herein accept the attached policy and criteria for accepting donations of works of art
on City property and/or City facilities; said criteria as established by the Art in Public Places
Committee, on October 30, 1998, andset forth in the attached Exhibit "A".
PASSED AND ADOPTED this day of , 1998
MAYOR
ATTEST
CITY CLERK ^
APPROVED AS TO
km/ FORM & LANGUAGE
F',WORK'SALE`.KASLYN COMMISSPDONATRES.RES & FOR EXECUTION
}ON
�rIG1lY'�� Z'
- 'City Mornay
Dam
Exhibit "A"
POLICY AND CRITERIA FOR REVIEW AND RECOMMENDATION FOR
ACCEPTANCE OF PLACEMENT OF DONATION OF WORKS OF ART ON
PUBLIC PROPERTY IN THE CITY OR IN PUBLIC FACILITIES WITHIN THE
CITY
In order to address the donation of works of art to be placed on City property and/or in City facilities,
the Art in Public Places Committee (Committee) has developed a policy and criteria for the
acceptance of such donations. The Committee, at its regularly scheduled meeting on October 30,
1998, adopted said policy and criteria, as set forth below:
1. The Committee shall review and make recommendations to the City Commission regarding
donated works of art to be accepted by the City for placement on public property in the City or
located in public facilities within the City.
2. The Committee shall assist in the process relative to any donation of works of art to be
accepted by the City for placement on public property in the City or located on public facilities
within the City, including monuments and memorials, as same are defined in Chapter 82, Article VI,
Section 82-502 of the Code of the City of Miami Beach, as amended.
3. As deemed necessary, the Committee shall require proposals for donations of works of art
to include costs for design, fabrication, installation, insurance,bonding, and maintenance, as deemed
applicable. Such costs shall be solely underwritten by the proposed donor. Additionally, the donor
may also be responsible for costs of a pedestal, identification plaque, base, structural support and
landscaping of the proposed public site.
4. If required, utility connections, site modifications, structural reinforcements, or other
engineering requirements, and/or site modifications should be described in the donation proposal,
and developed by way of submittal of construction plans and specifications. The donor shall be
responsible for submission of architectural and/or engineering plans, if required, which must be
prepared and stamped by a licensed architect and/or engineer.
5. If required, a maintenance endowment shall be negotiated with the donor on a project by
project basis. Such factors, including but not limited to, value, size, material, location, and potential
for vandalism will be considered in determining that the maintenance endowment is adequate to
ensure proper care and maintenance of the donated work of art, and to assure that the work of art will
remain in a condition and high quality satisfactory to the donor and the City. Maintenance shall
include not only care of the work of art itself but, if applicable, the public property immediately
surrounding the work of art; particularly if the art is placed in a City park.
6. Acceptance Criteria for EvaluatirL Donations of Works of Art
(a) Is the proposed donation a work of art with aesthetic merit, of exceptional quality, and
enduring value?
3
(b) How is the proposed donation compatible or incompatible with the City's current collection
of works of art,particularly those located on public property and/or facilities within the City?
(c) Is the work of art compatible in scale, material, form, and content with its surroundings?
(d) Consideration shall be given to the social context of the work, and the manner in which it
may interact with people.
(e) Relationship of the work of art and the proposed placement site shall be considered in terms
of the physical dimensions, social dynamics, local architectural character, and surrounding
urban neighborhood context of the site, existing or as planned.
(f) The following factors may also be considered:
• Visibility
• Public accessibility to the work of art
• Public safety
• Traffic patterns (both interior and exterior)
• Relationship to existing planned architectural and natural features
• Significance to the proposed site
• Social context (intended use of the work, if any)
• Park or area users
• Existing works of art within the proposed site vicinity
• Landscape design
• Future development plans for the area
• Environmental concerns
(7) In addition to the Committee's review,as set forth herein,design,placement, and installation
of donations of works of art on public property and/or City facilities shall also be subject to
administrative design review.
(8) Notwithstanding the foregoing criteria, the final determination regarding acceptance of
donated works of art for placement on public property in the City or located in public
facilities within the City, shall be made by the City Commission. If the City Commission
determines that the recommendation of either the Art in Public Places Committee or the
administrative design review is not appropriate as to a particular proposed donation of a work
of art, it may waive any or all of the aforestated criteria.
(9) Works of art donated, or proposed to be donated, to a museum owned by the City and/or
otherwise situated on City-owned property, shall be exempt from the provisions set forth
herein.
E',WOR 'SALL`,KASLYNCOMMISSP.DONA;RES.RES
•
5
•
•
' ITN( OF MIAMI BEACH
TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
CO MISSION MENIORaNDUM NO. c .= -9 S
TO: Mayor Nelsen O. Kasdin and
Members of the City - DATE: January 6. 1999
� fission
FROM: Sergio Rodriguez
Cit}-Manager '�
/�
SUBJECT: AN ORDLN . C-OF THE MAYOR AND CITY COMMISSION OF THE CITY"
OF
MILA..H BE CH,FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI BEACH
CITY CODE, ENTITLED "PUBLIC PROPERTY;" AMENDING ARTICLE VII
THERETO, ENTITLED "ART Lei PUBLIC PLACES;"A\IENDLNG SUBSECTION
82-562, ENTITLED "POWERS AND DUTIES;" BY PROVIDING FOR REVIEW
AND RECOBLI-.IENDATIONS FOR ACCEPTANCE OF PROPOSED DONATIONS
OF WORKS OF ART FOR PLACEiVIENT ON PUBLIC PROPERTY IN THE CITY
OR LOCATED ON PUBLIC FACILITIES WITHIN THE CITY; PROVIDING FOR
SEVERABILITY; REPEALER,AND AN EFFECTIVE DATE
AD MINISTRATION RF NINFFNDND4TTON
Adopt the Ordinance.
BAC'KGROt`IIN
The City has received a number of requests for donations of works of art to be placed on Cite property.
Resolutions establishing a policy and criteria for donations of works of art and for the creation of
memorials/monuments to honor a person or event, were adopted by the City Commission on December 16,
1998. This ordinance was also adopted on first reading, by the City Commission on December 16, 1998.
ANALYSIS
This amendment provides for review and recommendations by the Art in Public Places Committee for
acceptance of donations of works of art to be placed on City-owned property.
With the exceptiotr of memorials/monuments, all donations of works of art will be referred directly to the
Art in Public Places Committee for review and recommendation to the City Commission, in accordance with
established' policy guidelines and criteria. The recommended procedure for donations of
mernorialsimonuments is for the Community Affairs Committee to make a recommendation to the City
Commission. If the City Commission determines that a memorial/monument is deemed appropriate. the
matter will then be referred to the Art in Public Places Committee for review and recommendations with
respect to the aesthetic quality and artistic merit of the work. as well as a suitable location. Following a
recommendation from the .Art in Public Places Committee. the matter will be presented to the City
Commission for final acceptance or rejection.
CONCI I'SION
The City Commission should adopt the Ordinance which will provide for addressing the donation of works
of art in a structured and consistent manner.
- 4:
S R/CMC/JGdP.R:AI
F',WORJCSALLf A LY\COMMISSrDONATORD cm
attachment
ORDINANCE NO. 99-3162
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA,AMENDING CHAPTER
82 OF THE MIAMI BEACH CITY CODE, ENTITLED "PUBLIC
PROPERTY;"AMENDING ARTICLE VII THERETO,.ENTITLED
"ART IN PUBLIC PLACES;"AMENDING SUBSECTION 82-562,
ENTITLED "POWERS AND DUTIES;" BY PROVIDING FOR
REVIEW AND RECOMMENDATIONS FOR ACCEPTANCE OF
PROPOSED DONATIONS OF WORKS OF ART FOR PLACEMENT
ON PUBLIC PROPERTY IN THE CITY OR LOCATED ON PUBLIC
FACILITIES WITHIN THE CITY; PROVIDING FOR
SEVERABILITY; REPEALER,AND AN EFFECTIVE DATE.
WHEREAS, the City regularly receives donations of works of art for placement on City
property or in City facilities; and
WHEREAS;the establishment of procedures for review and recommendation by the Art
in Public Places Committee is necessary in order to address the donation of works of art to be placed
on City property and/or City facilities, in a consistent manner.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA:
SECTION 1: AMENDMENT OF CHAPTER 82,ARTICLE VII,SECTION 82-562 OF THE
MIAMI BEACH CITY CODE
That Section 82-562 entitled, "Power and duties," of Chapter 82 of the Code of the City of
Miami Beach, Florida, is hereby amended as follows:
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 construction
• project is an appropriate site for works of art and whether all or part of the
appropriation required by section 82-587 should be waived.
(2) To screen submissions and to select existing works of art or to determine whether to
commission new works of art for the fulfillment of the requirements of this article
for art in public places within the city.
(3) To conduct contests and competitions in order to select works of art to be
recommended for particular sites.
(4) To recommend a professional advisory committee to advise the committee and city
commission regarding selection of particular works of art for a project or site.
(5) To be responsible for managing thtogproduction rights to each acquisition subject
to policies established by the city commission.
(6) To recommend and oversee the maintenance and insurance necessary to preserve and
protect acquisitions.
(7) To make a recommendation to the city commission regarding proposed projects that
include art and to participate in the planning of such projects.
(8) To recommend legislation concerning art in the city.
(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 or
located on public facilities within the city.
10 To perform all other duties and functions as requested by the city commission.
(Ord. No. 95-2985, & 2(4A-7), 4-5-95)
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY
If any section,subsection,clause or provision of this Ordinance is held invalid,the remainder
shall not be affected by such invalidity.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect ten(10) days following its adoption.
PASSED AND ADOPTED this 6th day of January 1999.
Vffe
•
MAYOR
ATEST
4 ciat ), L
CITY CLERK
1st reading 12/16/98 APPROVED AS TO
2nd reading 1/6/99 FORM & LANGUAGE
km/ & FOR EXECUTION
F-i WORK\SALL\KASLYMCOMMISSRDONATORD.ORD
i
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Ciiy '''Y' _ _L t Q
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:1\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. 13-1- 9
TO: Mayor Nelsen O.Kasdin and DATE: February 17, 1999
Members of the City Co fission
•
FROM: Sergio Rodriguez
City Manager AA
SUBJECT: AN ORD N OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF • • MI BEACH,FLORIDA,REPEALING CHAPTER 82 ARTICLE
VI OF THE MIAMI BEACH CITY CODE, ENTITLED "NAMING OF
PUBLIC FACILITIES AND STREETS", AND REPLACING WITH NEW
LANGUAGE; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
Miami Beach City Code Chapter 82 provides guidelines for the naming or renaming of public facilities
and streets within the City of Miami Beach. However, the City Code does not provide guidelines to
address requests for the establishment of monuments or memorials on Miami Beach. This ordinance
before the City Commission today not only adds requirements and establishes criteria for the
establishment of monuments and memorials, but also clarifies the existing provisions regarding the
naming of public facilities and streets.
This ordinance was approved on first reading at the February 3, 1999 City Commission meeting.
ANALYSIS
The Community Affairs Committee was created by the City Commission on March 18, 1998, and
is designated by the City Commission, in addition to other functions, to review and make
recommendations regarding proposals for monuments and memorials. At its meeting of October 29,
1998, the Community Affairs Committee established the following guidelines:
1. Criteria to evaluate requests for the establishment of monuments and memorials; and,
2. A review process which includes the City Commission and Art in Public Places
Committee.
Criteria to be used by the Community Affairs Committee to evaluate requests for the establishment
of monuments and memorials was approved by the City Commission on December 16, 1998.
Agenda Item iZ,S
Date 2 - 1f - 5
The following review process is now being presented to the Commission for its approval.
1. Whenever there is a proposal to establish a monument or memorial on public property
in the city, the establishment shall first be considered and reviewed by the Community
Affairs Committee (Committee).
2. The Committee will review the proposal in accordance with the established selection
criteria, and, if the establishment of the monument or memorial is approved in
concept, the Committee shall transmit a written recommendation to the City
Commission.
3. The City Commission will set a public hearing for the proposal to be heard. The
public hearing will be advertised in a newspaper of general circulation.
4. The City Commission will review the proposal. If the Commission concurs with the
recommendation from the Community Affairs Committee, and approves the
establishment of the monument/memorial, then the proposal shall be forwarded to the
Art in Public Places Committee.
5. The Art in Public Places Committee will then make a recommendation regarding the
location, aesthetic quality, maintenance, and other related issues.
6. The Art in Public Places Committee will report back to the City Commission with its
recommendation(s) for Commission action.
The City Commission may only consider a proposal to establish a monument or memorial that has
been approved by a majority of the members of the Community Affairs Committee. Additionally,
any proposal to establish a monument or memorial must be approved by a five-sevenths vote of the
City Commission. A summary of the procedures has been prepared and is attached, hereto (see
Attachment "A").
Both the Community Affairs Committee and the City Commission will make a recommendation based
on the appropriateness of the person or event to be honored by the establishment of said
monument/memorial. The Art in Public Places Committee will be responsible for making
recommendations to the City Commission on location, aesthetic quality and other issues.
CONCLUSION
The implementation of criteria will provide a basis for the evaluation of all requests of this nature.
As such, the City Commission should adopt the ordinance.
SR:J1I:jah
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