Ordinance 2019-4296 ORDINANCE NO. 2019-4296
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY,"
BY AMENDING ARTICLE VII, ENTITLED "ART IN PUBLIC PLACES"
("AIPP"), BY AMENDING SECTION 82-537 THEREOF, ENTITLED
"DEFINITIONS," TO AMEND THE DEFINITION OF "CITY CONSTRUCTION
PROJECT" AND THE DOLLAR THRESHOLD THEREIN FROM $500,000, TO
$250,000 FOR THE PROJECTS SUBJECT TO THE PROVISIONS OF
ARTICLE VII; AMENDING THE TYPES OF PROJECTS EXCLUDED FROM
THE APPLICABILITY OF ARTICLE VII, AND AMENDING THE DEFINITION
OF "CONSTRUCTION COST"; BY AMENDING SECTION 82-562, ENTITLED
"POWERS AND DUTIES," TO PROVIDE NON-SUBSTANTIVE TEXT
AMENDMENTS; BY AMENDING SECTION 82-587, ENTITLED
"APPROPRIATION BY THE CITY TO THE FUND," TO AMEND THE
AMOUNT TO BE APPROPRIATED TO THE ART IN PUBLIC PLACES FUND
("FUND") FROM NOT LESS THAN 11/2 PERCENT, TO NOT LESS THAN 2
PERCENT OF THE CONSTRUCTION COST OF CITY CONSTRUCTION
PROJECTS, CONFORMING LANGUAGE RELATIVE TO PROJECTS
DEVELOPED BY PERSONS OR ENTITIES OTHER THAN THE CITY TO THE
AMENDED DEFINITIONS OF "CITY CONSTRUCTION PROJECT" AND
"CONSTRUCTION COST," AND REQUIRING A 517TH CITY COMMISSION
VOTE FOR WAIVER OR REDUCTION OF AN OTHERWISE REQUIRED
AIPP APPROPRIATION OR PLACEMENT OF AN APPROPRIATION INTO
THE FUND; BY AMENDING SECTION 82-588, ENTITLED "PERMITTED
USE OF FUND MONIES," TO PROVIDE NON-SUBSTANTIVE TEXT
CHANGES; AND, PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, cultural and artistic resources, including art works and the performing arts,
enhance the quality of life for individuals living in, working in, and visiting the City of Miami
Beach ("City"); and
WHEREAS, the balanced development of cultural and artistic resources preserves and
improves the quality of the urban environment and increases real property values; and
WHEREAS, Article VII of Chapter 82 of the City Code provides for an Art in Public
Places program in the City whereby certain City construction projects for new construction,
additions, and renovations having a dollar value of $500,000 or more, requires that no less than
11/2 percent of construction costs be allocated to the City's Art in Public Places fund; and
WHEREAS, amending Article VII of Chapter 82 of the City Code to reduce the dollar
threshold from $500,000 to $250,000 for City construction projects covered by Article VII, and
increasing the minimum percentage of construction costs allocated to public art from no less
than 1% percent, to no less than 2 percent, will enhance the City's existing Art in Public Places
program and promote the general welfare through expanded cultural and artistic resources in
the City; and
WHEREAS, the Mayor and the City Commission hereby find and declare that the
adoption of this Ordinance will advance the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Division 1 of Article VII of Chapter 82 of the Code of the City Miami Beach is
hereby amended as follows, with additional provisions provided for references purposes:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE VII. ART IN PUBLIC PLACES
DIVISION 1. GENERALLY
Sec. 82-536. Intent of article.
It is the intent of this article to enhance the aesthetic environment of the city by including
works of art on public property within the city and in city construction projects. The Bass
Museum of Art shall be exempt from the provisions of this article.
Sec. 82-537. 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:
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 the Q) new construction of (ii) additions; or(iii) renovations
- - ! -- - - A - - - - having a
value equal to or greater than $500 250,000.0!, - - --• - - - -• • e '-e - - - - -'
Gem-Fees. The definition of city construction project shall also be deemed to include construction
projects that are developed by persons or entities other than the city, but which require the
2
participation of the city as a party to a f development agreement Of, fla ground lease, or (iii)
management agreement for a City-owned building'or facility having a term of ten (10) 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.
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 $200250,000.00 in
the aggregate.
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
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.
c. 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 subiect to the provisions of this article.
€17 Sctreetscape beautification projects, which include but are not limited to, one or all of
the following elements: resurfacing, new curbs, gutters, pavers, sidewalks,
_ -:, .e - .-:, e- - bus bcnchcs, ctrcct furniture and signage.
e-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.
3
f e. The construction, remodeling, repair or improvement to a public electric or gas utility
system.
g f. Where the city construction project is undertaken as a routine repair or maintenance of
an existing public facility.
DIVISION 2. ART IN PUBLIC PLACES COMMITTEE
Sec. 82-561. Established.
(a) An art in public places committee is hereby established to carry out the powers and,duties
set forth in section 82-562. The committee shall be composed of seven members appointed
by a majority vote of the entire city commission. The members shall possess a high degree
of competence in the evaluation of art history, architectural history, art, architecture,
sculpture, painting, artistic structural design and other appropriate media for display or
integration of art in public places.
(b) The term of office for committee members shall be two years. Vacancies occurring before
the expiration of a term shall be filled by the mayor for the remainder of that term.
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 sitei 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 to the city commission the maintenance and insurance necessary to
preserve and protect works of art.
(6) 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.
4
(7) To recommend legislation concerning public works of art in the city.
(8) 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) To -- - -- - - -- e. •- - - - . •-• - -e _- - - - __ ... •e-.
(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.
(10)To perform all other duties and functions as requested by the city commission.
Sec. 82-563. Legal counsel.
The city attorney's office shall provide legal services to the art in public places committee as
may be necessary or as requested by the art in public places committee.
Sec. 82-564. Committee solely liable for obligations.
Unless and until the city commission approves by passage of an appropriate resolution or
ordinance the acquisition of a work of art for this program, the cost of such acquisition and all
costs associated with such acquisition shall not be an obligation, liability or debt of any kind or
nature of the city. Exclusive of the costs approved by the city commission as set forth in this
article for the acquisition of a work of art, no obligation, liability or debt of any kind or nature
whatsoever incurred or asserted against the art in public places committee shall in any manner
whatsoever be an obligation or liability of the city.
Secs. 82-565-82-585. Reserved.
DIVISION 3. FUND
Sec. 82-586. Art in public places fund established.
The city art in public places fund shall be established, to consist of the following:
(1) Monies appropriated to the fund by the city commission in accordance with section 82-
587.
(2) Monies donated to the fund by private individuals and organizations.
(3) Monies received by the city from award of federal or state grants for the acquisition or
maintenance of works of art on public property or at public facilities in the city. Grant
monies received by or on behalf of the Bass Museum of Art shall be exempt from
placement in the art in public places fund.
5
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 444 2 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 contract for said city construction project. For city requested changes in scope
requiring additional appropriations more than $209 $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 city construction projects that are developed by persons and entities other than the
city, but that are developed pursuant to a development agreement entered into with the city;; or
which involve the participation of the city as a ground lessor;i or which'are developed pursuant
to a management agreement having a term (including renewal terms) of ten (10) years or more
and which agreement requires the design and construction of a City building or facility, the
required appropriation shall be made at the same time as the appropriation of funding for the
construction 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. This subsection
• -- - - •• - -
arc Icss than $8,000,000.00.
(c) In considering the required appropriation for a particular city construction project, the city
commission may, by resolution approved by 5/7tl vote:
1. Waive the required appropriation, finding such waiver to be in the best interest of the
city;
2. Reduce the required appropriation amount; or
3. Find that the particular city construction 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.
(e) Prior to making a final determination as to the required appropriation for a city
construction project, the city commission shall consider the recommendation of the art in public
places committee.
6
Sec. 82-588. Permitted use of fund monies.
Monies placed in the art in public places fund shall only be used for the following purposes:
(1) Acquisition of works of art to be located on city construction projects or on public
property in the city or located in public buildings or in public facilities within the city in
accordance with the procedures in sections 82-611 and 82-612.
(2) Insurance and/or maintenance of existing works of art acquired by the city under this
article in accordance with a yearly budget for such insurance and/or maintenance to be
approved by the city commission. The city manager and art in public places committee
shall provide the city commission with a yearly recommendation regarding this budget.
(3) Expenses relating to the following:
a. Research and evaluation by the committee pertaining to proposed works of art,
including opinions Lwhen necessary) from outside experts and/or professional
advisory committees;
b. Expenses related to art contests sponsored by the committee in connection with
acquisitions of works of art, including related printing and distribution expenses;
c. Administrative expenses relating to the operations of the committee; including, but
not limited to, salaries, supplies and equipment for the keeping of minutes and
printing and distribution of board agendas and correspondence;
d. Selected artist travel expenses, at the rates used citywide and approved in
advance by the city manager.
All such expenses shall be approved as part of the yearly budget for the fund by the city
commission after considering the recommended budget submitted by the city manager and
the committee. The amount budgeted for administration, maintenance, insurance, and
preservation of works of art acquired by the city pursuant to this article as part of the total
appropriations for art in public places shall not be more than 25 percent of monies placed in
the art in public places fund.
Secs. 82-589-82-610. Reserved.
DIVISION 4. PROCEDURES
Sec. 82-611. Procedures for selection.
(a) The art in public places committee shall evaluate each proposed city construction project to
determine its suitability as a site for works of art. In making its determination, the following
factors will be considered:
7
(1) Appropriateness of the city construction project as a site for works of art.
(2) Physical layout of the city construction project.
(3) Visibility and accessibility to the public.
(b) Additionally, the committee shall establish a list of existing city-owned sites it considers
appropriate sites for works of art. The criteria in subsection (a) of this section shall be used
in evaluating potential sites.
(c) The acquisition, removal, and/or relocation of works of art, shall be in accordance with the
criteria set forth in this section and the art in public places master plan, as approved by
resolution of the city commission.
Sec. 82-612. Selection of artists and works of art.
(a) When the art in public places committee recommends a particular city construction project
or existing site as being appropriate for art in public places, the committee shall also
recommend to the city commission one of the following means of obtaining the works of art:
(1) Open entry competition. Through appropriate advertisement all artists are invited to
enter into competition for a commission to create a work of art for the site. The amount
to be paid for the works of art shall be determined by the city commission after
considering the committee's recommendation. Artists may be asked to submit slides of
their past work, resumes, letters of intent related to the specific project or specific
proposals for the project under review.
(2) Limited entry competition. A limited number of artists are invited to compete as set forth
in subsection (a)(1) of this section.
(3) Direct selection of the artist. An artist or several artists may be selected to develop a
proposal for the project or produce the desired works of art.
(4) Direct purchase of existing works of art. A completed work of art is purchased. No
more than ten percent of the costs of the work of art may go to a dealer or agent.
(b) In the case of a limited competition or a direct selection, an artist may be asked to develop
a proposal for a specific project. If asked to develop a proposal, an artist may be paid a
proposal fee on the basis of an approved fee schedule. This schedule shall be determined
by the committee after consultation and approval by the city manager and shall consist of a
sliding schedule based upon the total project commission. However, in general no more
than five percent of the total art in public places allocation for a project should be paid in
proposal fees to artists.
(c) The committee may recommend the appointment of a professional advisory committee to
assist with selection of works of art or artists for a particular project. Selection of a
professional advisory committee shall be by the art in public places committee and
confirmed by the city commission. Reasonable expenses incurred by the professional
8
advisory committee may be reimbursed from the fund in accordance with rates approved in
advance by the art in public places committee and the city manager.
(d) The art in public places committee shall consider the recommendations of the professional
advisory committee in selecting works of art for particular city construction projects or
existing sites.
(e) Construction of selected works of art. Where the selected work of art requires construction
management, construction shall be managed by the city manager's designee.
(f) Selection of artists, sculptors, craftsmen, and professional advisory committee's review of
designs and choice and acceptance of works of art shall be by the art in public places
committee and must have approval of the city commission. All agreements made pursuant
to this article shall be authorized by the city commission.
(g) In selecting/approving works of art, the art in public places committee and/or professional
advisory committee and city commission shall consider the following criteria:
(1) Appropriateness to the city construction project or existing site.
(2) Maintenance requirements.
(3) Quality of the work.
(4) Likeliness that the artist can complete the work within available funding.
(5) Reflection of enduring artistic concepts, rather than transitory ones.
(6) History of the artist in terms of completion of works on time.
(h) In obtaining the advice of the design review board, or historic preservation board, whichever
has jurisdiction over the matter based on the location of the proposed project, according to
such board's normal application and review procedures, the staff of the art in public places
committee shall present the proposal to such boards, prior to submittal of a final
recommendation by the art in public places committee to the city commission.
(i) When providing 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, the committee shall utilize the following criteria:
(1) Appropriateness to the project or existing site.
(2) Maintenance requirements.
(3) Quality of the work.
9
(4) Likeliness that the artist can complete the work within available funding of the private
nonprofit applicant.
(5) Reflection of enduring artistic concepts, rather than transitory ones.
(6) History of the artist in terms of completion of works on time.
The recommendation shall be issued prior to any required review of the design review
board or historic preservation board.
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. 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 part of the
Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section," "article," or
other appropriate word.
SECTION 5. EFFECTIVE DATE. 11
This Ordinance shall take effect on the 021 day of 9p14 ' 19.
PASSED AND ADOPTED this 1/ day of SePf er, 2019.
ATTEST: , "
Dan Gelber, Mayor
91 lb it?
Raf el E. Granado, City Clerk
'' % 1,,111
(Sponsored by Mayor Dan Gelber) 1 ��')4 ,
,44
•
Underlines denote additions ; . -.•
Strikethrough denotes deletions I, �� : - APPROVED AS TO
INCORP ORATED: FORM & LANGUAGE
t3 . /, ,,�.�f & FOR EXECUTION
10 City Attom,• Date
Ordinances-R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: September 11, 2019
10:30 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY,"
BY AMENDING ARTICLE VII, ENTITLED "ART IN PUBLIC PLACES"
("AIPP"), BY AMENDING SECTION 82-537 THEREOF, ENTITLED
"DEFINITIONS," TO AMEND THE DEFINITION OF "CITY CONSTRUCTION
PROJECT"AND THE DOLLAR THRESHOLD THEREIN FROM$500,000, TO
$250,000 FOR THE PROJECTS SUBJECT TO THE PROVISIONS OF
ARTICLE VII; AMENDING THE TYPES OF PROJECTS EXCLUDED FROM
THE APPLICABILITY OF ARTICLE VII, AND AMENDING THE DEFINITION
OF "CONSTRUCTION COST"; BYAMENDING SECTION 82-562, ENTITLED
"POWERS AND DUTIES," TO PROVIDE NON-SUBSTANTIVE TEXT
AMENDMENTS; BY AMENDING SECTION 82-587, ENTITLED
"APPROPRIATION BY THE CITY TO THE FUND,"TO AMEND THE AMOUNT
TO BE APPROPRIATED TO THE ART IN PUBLIC PLACES FUND ("FUND")
FROM NOT LESS THAN 11/2 PERCENT, TO NOT LESS THAN 2 PERCENT
OF THE CONSTRUCTION COST OF CITY CONSTRUCTION PROJECTS,
CONFORMING LANGUAGE RELATIVE TO PROJECTS DEVELOPED BY
PERSONS OR ENTITIES OTHER THAN THE CITY TO THE AMENDED
DEFINITIONS OF "CITY CONSTRUCTION PROJECT" AND
"CONSTRUCTION COST," AND REQUIRING A 5/7TH CITY COMMISSION
VOTE FOR WAIVER OR REDUCTION OF AN OTHERWISE REQUIRED
AIPP APPROPRIATION OR PLACEMENT OF AN APPROPRIATION INTO
THE FUND; BYAMENDING SECTION 82-588, ENTITLED "PERMITTED USE
OF FUND MONIES," TO PROVIDE NON-SUBSTANTIVE TEXT CHANGES;
AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND
AN EFFECTIVE DATE.
RECOMMENDATION
At first reading on July 17, 2019, the Administration expressed its support for raising the amount
appropriated to the AiPP fund to not less than 2% of the construction cost of City Construction
projects, but that it would like to work with the sponsor to address concerns regarding the
applicability of the ordinance to specified G.O. Bond projects. On July 17,2019, the Mayor and
City Commission approved the proposed amendments to the AIPP Ordinance on first reading,
Page 618 of 2228
subject to a resolution of the concerns raised by the Administration and the City's G.O. Bond
Oversight Committee.
In an effort to fully address the concerns raised by the Administration and the G.O. Bond
Oversight Committee with respect to the applicability of the Al PP Ordinance to the existing
planned G.O. above-ground improvements and streetscape beautification projects, pursuant to
Section 82-587(c)1 of the City Code, the proposed waiver of the requirements of the Al PP
Ordinance with respect to the foregoing projects is the subject of a companion agenda item for
the City Commission's consideration.
On August 27, 2019, the Art in Public Places Committee was advised of the foregoing list of
projects that would be exempted from the Al PP requirements, and the Ai PP Committee raised
no objection to the proposed exemptions.
ANALYSIS
The Art in Public Places (AiPP) Ordinance (Ordinance No. 95-2985)was adopted in 1995. The
ordinance was created to "enhance the aesthetic environment of the City of Miami Beach by
including works of art on public property within the City and in City construction projects."
The goals of the AiPP program are: overseeing the City's public art collection; enhancing the
physical environment of Miami Beach with artworks of the highest level of quality and suitability
for the site; serving as the coordinating body for all public art projects on City property; building
partnerships with the private sector, non-profit and community groups that connect the AiPP
projects to the life of the City; encouraging participation by artists based locally, nationally and
internationally; and serving as a source of information about public art.
Prior Amendments
The AiPP Ordinance was amended on June 9, 2004 (Ordinance No. 2004-3448) to clarify the
definition of terms for eligible construction projects for funding as well as the policy and
procedures for appropriations. The amendments expanded the required appropriations to the
AI PP Fund to include city construction projects where the City is a party to a development
agreement and/or a ground lease; revised and clarified the respective definitions of"hard costs"
and "City construction project' for purposes of applying required Al PP financial contributions;
exempted certain types of City construction projects from the AI PP Ordinance; clarified the
powers and duties of the AI PP Committee; made the Committee structure uniform with the
City's agencies, boards, and committees legislation; and provided that the acquisition, removal,
and/or relocation of works of art would be in accordance with the criteria set forth in the Art in
Public Places Master Plan, that was adopted by resolution of the City Commission. The AiPP
Guidelines were also adopted by the City Commission at that time.
On October 14, 2015, at the request of Commissioner Malakoff, the City Commission directed
city staff to prepare an amendment to the AiPP Ordinance that would streamline the review and
approval process for Art in Public Places. Prior to the amendment, the City Code required the
selected work of public art to be reviewed twice by either the Historic Preservation Board or
Design Review Board, which review the work of art solely in an advisory capacity. The
amendment, adopted on January 13, 2016 (Ordinance No. 2016-3985), requires the City's
Al PP-selected artists to only appear once before the Historic Preservation Board or the Design
Review Board, and clarified the City Code to reflect that the City Commission makes all
Page 619 of 2228
findings, selection and conditions to be imposed upon the artwork, artist or location, as either
board is advisory to the City, Commission, which makes the ultimate determinations with respect.
to AIPP works.
Existing AiPP Funding and Definitions
The AIPP program is funded by 1 1/2 % of all hard costs of City projects, including new
construction, additions, and costs for construction of joint private/public projects. The fund is
used for the commission or acquisition of works of art; conservation and maintenance of works
of art; research and evaluation of works of art; printing and distribution of related materials; and
administration.
Funding. Section 82-587 of the AiPP Ordinance states how appropriations will be made by the
City to the AiPP fund:
(a)All appropriations of City funding for City construction projects shall include an appropriation
of funds to the AiPP fund. The amount appropriated to the AiPP fund shall not be less than 1
1/2 percent(1 % %) 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 contract for said City
construction project. For City requested changes in scope requiring additional appropriations in
excess of $200,000 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 AiPP fund.
(b) For City construction projects that are developed by persons and entities other than the City,
but that are developed pursuant to a development agreement entered into with the city, or which
involve the participation of the City as a ground lessor, the required appropriation shall -be
made at the same time as the appropriation of funding for the construction 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. This shall not apply to projects by not-for-profit persons
or entities recognized under Section 501(c)(3) of the Internal Revenue Code of 1986, as
amended, whose total construction budgets are less than $8,000,000.
(c) In considering the required appropriation for a particular City construction project, the City
Commission may, by resolution:
1. Waive the required appropriation,finding such waiver to be in the best interest of the City;
2. Reduce the required appropriation amount; or
3. Find that the particular City construction 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.
(e) Prior to making a final determination as to the required appropriation for a City construction
project, the City Commission shall consider the recommendation of the Art in Public Places
committee.
Page 620 of 2228
Definitions. Section 82-537 of the AiPP Ordinance states the definition of city construction
projects and defines,as follows: ,
City construction project means any construction contract to which the city is a party for the
new construction of; renovations requiring compliance with Chapter 34 Section 3401.8 of the
Florida Building Code fifty percent (50%) rule or, renovation having a value equal to or greater
than $500,000, or addition to any city-owned building, facility, or other city-owned property,
including but not limited to, parks, pools, recreation trails and golf courses. The definition of city
construction project shall also be deemed to include construction projects that are developed by
persons or entities other than the city, but which require the participation of the city as a party to a
development agreement or ground lease.
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 in excess of$200,000 in the aggregate.
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.
c. Road construction or bridges.
d. 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.
e. 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.
f. The construction, remodeling, repair or improvement to a public electric or gas utility system.
g. Where the city construction project is undertaken as a repair or maintenance of an existing
public facility.
On April 10, 2019, the Mayor and Commission made a referral to the FCWPC to discuss a
proposed ordinance to amend the City's Art in Public Places ordinance to expand the projects
covered under the ordinance to promote more public art and funding for future projects.
At the May 29, 2019 Finance and Citywide Projects Committee Meeting, Mayor Gelber
sponsored a discussion item regarding a proposed ordinance to amend the City's Art in Public
Places ordinance to expand projects covered under the ordinance to promote more public art
and funding for future projects approved by the City Commission.The proposed amendments
are summarized as follows and are provided in full as (Attachment 1):
• Increase the amount to be appropriated to the Art in Public Places fund from not less
than 1.5%, to not less than 2% of the construction cost of city construction projects. Other
comparable cities across the US with 2% minimum requirements include Austin, Texas;
San Francisco, California; San Jose, California; and Sacramento, California, among
Page 621 of 2228
others.
•Amend the dollar threshold of city construction projects from $500,000 to $250,000, for
projects subject to the provisions of Art inF ublic Places
•Amend the definition of City construction project to include city-owned building,facility, or
other city-owned property including, but not limited to parks, pools, recreation trails, bay
walks, beach walks, streetscape beautification projects and golf courses. Streetscape
beautification projects, which 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 be included and shall be subject
to the provisions of this article.
• This amendment would not include water and sewer related facilities, such as pump
stations, water mains, water lines, storm water, sewer lines, treatment facilities, storm
drainage infrastructure, road construction and bridges. It would also not include 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. The construction,
remodeling, repair or improvement to a public electric or gas utility system would also be
excluded,when the city construction project is undertaken as a repair or maintenance of an
existing public facility.
• Amend applicable projects to include management agreements for a City-owned
buildings or facilities having a term of ten (10) 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.
• Amend consideration of a waiver of the required AiPP appropriation to require a
resolution approved by 5/7th vote of the City Commission.
The Finance and Citywide Projects Committee discussed the item and referred it back to the
Mayor and Commission for further discussion on the July 17, 2019 City Commission Meeting
Agenda.
AiPP Committee Motion
During the June 18, 2019 Art in Public Places Committee meeting, a motion was made to
support the proposed amendments to the Art in Public Places Ordinance which expands the
definition of "City Construction Project" to include bay walks, beach walks, streetscape
beautification projects (resurfacing, curbs, gutters, pavers, sidewalks, landscaping, lighting, bus
shelters, bus benches, street furniture, signage and similar above ground improvements);
amending the dollar threshold therein from $500,000 to $250,000 for the projects subject to the
provisions of Art in Public Places; and amend the amount to be appropriated to Art in Public
Places from not less than 1.5 percent, to not less than 2 percent. The motion was passed
unanimously.
G.O. Bond Oversight Committee Motion
On June 18, 2019, the G.O. Bond Oversight Committee adopted a motion that the City should
do everything in its power to utilize the funds of the G.O. Bond Projects for Art in Public Places,
and that the dollars for that art should be re-allocated to the project from which the funds were
generated (example: the AiPP funds generated from the 72nd garage project, would be used
specifically for that project). The G.O. Bond Oversight Committee requested for projects #34,
#37, #38 to be exempt from the 2% increase and would also be exempt from the existing 1.5%
AiPP allotment, as they feel that these projects are underfunded as they are. The City should
request that Art in Public Places and CI P work together in order to achieve the above
Page 622 of 2228
recommendation.
CONCLUSION
The adoption of the proposed amendments to the AiPP Ordinance, and the adoption of
the companion agenda item to waive the requirements of the AiPP Ordinance to specified G.O.
Bond Projects, would resolve the concerns raised at first reading with regard to the applicability
of the AI PP Ordinance to specified above ground improvements/streetscape beautification
projects.
Legislative Tracking
Tourism and Culture
Sponsor
Mayor Dan Gelber and Co-sponsored by Commissioners Aleman and Malakoff
ATTACHMENTS:
Description
❑ Attachment 1 -Ordinance
Page 623 of 2228