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Resolution 2019-30983 RESOLUTION NO. 2019-30983 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, PURSUANT TO SECTION 82-587(C)(1) OF THE CITY CODE, THE REQUIRED APPROPRIATION TO THE ART IN PUBLIC PLACES FUND, FOR THE FOLLOWING GENERAL OBLIGATION ("G.O.") BOND PROJECTS: PROJECT NO. 33, STREET TREE MASTER PLAN; PROJECT NO. 34, NEIGHBORHOOD ABOVE GROUND IMPROVEMENT; PROJECT NO. 35, FLAMINGO PARK NEIGHBORHOOD; PROJECT NO. 37, SIDEWALK IMPROVEMENT PROGRAM; PROJECT NO. 38, STREET PAVEMENT PROGRAM; PROJECT NO. 41, LA GORCE NEIGHBORHOOD IMPROVEMENT; PROJECT NO. 44, NORTH SHORE NEIGHBORHOOD IMPROVEMENT; PROJECT NO. 52, LED LIGHTING IN PARKS; AND PROJECT NO. 55, STREET LIGHTING IMPROVEMENTS; AND FURTHER, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY. WHEREAS, the City's Art in Public Places Program, established pursuant to Sections 82-536 to 82-612 of the City Code (the "AIPP Ordinance"), is used for the commission or acquisition of works of art within the City, as part of the City's efforts to develop cultural and artistic resources that enhance the quality of life for individuals living in, working in, and visiting the City of Miami Beach; and WHEREAS, under Section 82-587 of the AIPP Ordinance, the City must allocate to the AIPP Fund an amount consisting of 1.5% of the hard construction costs for covered "city construction projects" (namely, those "city construction projects" in excess of $500,000 that are covered by, and not otherwise exempt, pursuant to Section 82-537 of the AIPP Ordinance); and WHEREAS, currently, certain City projects are exempt from contributing to the AIPP fund, including streetscape beautification projects, which include but are not limited to, one or all of the following elements: resurfacing, new curbs, gutters, pavers, sidewalks, landscaping, lighting, bus shelters, bus benches, street furniture and signage; and WHEREAS, on November 6, 2018, the City's voters approved the issuance of up to $439 million in General Obligation ("G.O.") Bonds, to fund the design and construction of public safety projects, neighborhood and infrastructure projects, and parks and recreational projects; and WHEREAS, on May 29, 2019, the Finance and Citywide Projects Committee recommended proposed amendments to the AIPP Ordinance, which amendments would increase the required allocation to the AIPP Fund from 1.5% to 2% of the hard construction costs for covered projects, and would expand the definition of covered projects; and WHEREAS, under the proposed amendments to the Ordinance, streetscape beautification and above-ground improvement projects would no longer be exempted from the requirements of the AIPP Ordinance; and WHEREAS, the Administration has recommended that certain projects be exempted from the requirements of the AIPP Ordinance (either under the existing version of the Code or under any amended version); and WHEREAS, on June 18, 2019, the G.O. Bond Oversight Committee also recommended that certain existing G.O. Bond projects be exempted from the requirements of the AIPP; and WHEREAS, the projects recommended by the Administration and/or G.O. Bond Oversight Committee for a waiver of the AIPP requirements are as follows: • G.O. #18 Scott Rakow Youth Center • G.O. #26 Roof Replacements Cultural Facilities • G.O. #33 Street Tree Master Plan • G.O. #34 Neighborhood Above Ground Improvement • G.O. #35 Flamingo Park Neighborhood • G.O. #37 Sidewalk Improvement Program • G.O. #38 Street Pavement Program • G.O. #41 La Gorce Neighborhood Improvement • G.O. #44 North Shore Neighborhood Improvement • G.O. #52 LED Lighting in Parks • G.O. #55 Street Lighting Improvements; and WHEREAS, with respect to Project No. 18, Scott Rakow Youth Center, and Project No. 26, Roof Replacements Cultural Facilities, the City Attorney has advised that the foregoing repair/maintenance projects are exempt from AIPP Ordinance pursuant to Section 82-537 of the City Code(under either the existing version of the AIPP Ordinance, or the proposed amendments to the AIPP Ordinance), and therefore, a City Commission waiver of the AIPP requirements for Project Nos. 18 and 26 is not necessary; and WHEREAS, on July 17, 2019, the Mayor and City Commission approved the amendments to the AIPP Ordinance on first reading, subject to a resolution of the concerns raised by the City's G.O. Bond Oversight Committee, and the Administration, regarding whether the AIPP Ordinance should be expanded to include certain above- ground improvement projects; and WHEREAS, on August 27, 2019, the Art in Public Places Committee was advised of the foregoing list of projects that may be exempted from the AIPP requirements, and the AIPP Committee raised no objection to the proposed exemptions; and WHEREAS, Section 82-587(c)(1) of the City Code provides that the City Commission may waive the required appropriation to the AIPP fund for any specific projects, if it finds that doing so is in the City's best interest; and WHEREAS, the City Commission finds that it would be in the best interest of the City to exempt the foregoing G.O. bond projects from the requirements of the AIPP, as the original estimated project costs for the foregoing G.O. Bond street beautification / above-ground improvements projects (many of which were existing, unfunded capital projects) never contemplated an appropriation to the AIPP fund, and the amounts involved would adversely impact the implementation of those projects, as G.O. Bond funding was intended as gap funding that was critical for the projects to proceed. 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 hereby waive, pursuant to Section 82-587(c)(1) of the City Code, the requirements of the City's Art in Public Places Ordinance, and the required appropriation to the Art in Public Places fund, for the following General Obligation ("G.O.") Bond Projects: Project No. 33, Street Tree Master Plan; Project No. 34, Neighborhood Above Ground Improvement; Project No. 35, Flamingo Park Neighborhood; Project No. 37, Sidewalk Improvement Program; Project No. 38, Street Pavement Program; Project No. 41, La Gorce Neighborhood Improvements; Project No. 44, North Shore Neighborhood Improvements; Project No. 52, LED Lighting in Parks; and Project No. 55, Street Lighting Improvements; and further, finding such waiver to be in the best interest of the City. PASSED AND ADOPTED this // day of .9p4erll.he'/ 2019. ATTEST: Dan Gelber, Mayor Thejil Raf el E. Granado, City Cler 11 f1A`� . »'' APPROVED AS TO FORM &LANGUAGE M + ' &FOR EXECUTION • INCORP ORATE): * /W161 : 1 �� . .-No) City�� City Attorney Date Resolutions - R7 N MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: September 11, 2019 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, PURSUANT TO SECTION 82- 587(C)(1) OF THE CITY CODE, THE REQUIRED APPROPRIATION TO THE ART IN PUBLIC PLACES FUND, FOR THE FOLLOWING GENERAL OBLIGATION ("G.O.")BOND PROJECTS: PROJECT NO. 33, STREET TREE MASTER PLAN; PROJECT NO. 34, NEIGHBORHOOD ABOVE GROUND IMPROVEMENT; PROJECT NO. 35, FLAMINGO PARK NEIGHBORHOOD; PROJECT NO. 37, SIDEWALK IMPROVEMENT PROGRAM; PROJECT NO. 38, STREET PAVEMENT PROGRAM; PROJECT NO. 41, LA GORCE NEIGHBORHOOD IMPROVEMENT; PROJECT NO. 44, NORTH SHORE NEIGHBORHOOD IMPROVEMENT; PROJECT NO. 52, LED LIGHTING IN PARKS; AND PROJECT NO. 55, STREET LIGHTING IMPROVEMENTS; AND FURTHER, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY. ANALYSIS This Resolution is the companion agenda item to the second reading of the proposed amendments to the City's Art in Public Places Ordinance ("AIPP Ordinance"). Under Section 82-587 of the AI PP Ordinance, the City must allocate to the AIPP Fund an amount, consisting of 1.5% of the hard construction costs for covered City construction projects, namely, those City construction projects in excess of $500,000 that are covered by, and not otherwise exempt, pursuant to Section 82-537 of the Al PP Ordinance. Under the current Al PP Ordinance, certain City projects are exempt from contributing to the AIPP fund, including streetscape beautification projects, which include but are not limited to, one or all of the following elements: resurfacing, new curbs, gutters, pavers, sidewalks, landscaping, lighting, bus shelters, bus benches, street furniture and signage. Under the proposed amendments to the Al PP Ordinance, among other changes, the required appropriation to the Al PP fund will be increased from 1.5% to 2%of the hard construction costs of covered projects, and streetscape beautification projects would no longer be exempted from the requirements of the AIPP Ordinance, including above-ground neighborhood improvement projects. On July 17, 2019, the Mayor and City Commission approved the proposed amendments to the AI PP Ordinance on first reading, subject to a resolution of the concerns raised by the Administration and the City's G.O. Bond Oversight Committee with respect to the applicability of the Al PP Ordinance to certain G.O. Bond above-ground improvement projects. Specifically, the Administration and the G.O. Bond Oversight Committee have recommended exempting certain specified G.O. Bond projects, because the original Page 1640 of 2228 estimated project costs never contemplated an appropriation to the AIPP fund, and the amounts involved would adversely impact the implementation of those projects, as G.O. Bond funding was intended as gap funding for these projects, many of which were existing, and otherwise unfunded,capital projects. The projects recommended by the Administration and/or G.O. Bond Oversight Committee for a waiver of the Al PP requirements are as follows: • G.O.#18 Scott Rakow Youth Center* • G.O.#26 Roof Replacements Cultural Facilities* • G.O.#33 Street Tree Master Plan • G.O.#34 Neighborhood Above Ground Improvement • G.O. #35 Flamingo Park Neighborhood • G.O.#37 Sidewalk Improvement Program • G.O.#38 Street Pavement Program • G.O.#41 La Gorce Neighborhood Improvement • G.O. #44 North Shore Neighborhood Improvement • G.O.#52 LED Lighting in Parks • G.O.#55 Street Lighting Improvements *With respect to Project No. 18, Scott Rakow Youth Center, and Project No. 26, Roof Replacements Cultural Facilities, the City Attorney's Office has determined that the foregoing repair/maintenance projects are exempt from AIPP Ordinance pursuant to Section 82-537 of the City Code (under either the existing version of the AIPP Ordinance, or the proposed amendments to the AIPP Ordinance), and therefore, a City Commission waiver of the AIPP requirements for Project Nos. 18 and 26 is not necessary. On August 27, 2019, the Art in Public Places Committee was advised of the foregoing list of projects that may be exempted from the AIPP requirements, and the AIPP Committee raised no objection to the proposed exemptions. Pursuant to Section 82-587(c)(1), the City Commission may waive the required appropriation to the Al PP fund for any project, if it finds it is in the best interest of the City to do so. Accordingly, in an effort to resolve the above-referenced concerns, this Resolution waives the requirements of the AIPP Ordinance with respect to the above-referenced projects, as being in the best interest of the City. Applicable Area Citywide Is this a Resident Right to Does this item utilize G.Q. Know item? Bond Funds? Yes No Legislative Tracking Office of the City Attorney Sponsor Mayor Dan Gelber ATTACHMENTS: Page 1641 of 2228 Description ❑ Resolution Page 1642 of 2228