2016-3985 Ordinance ART IN PUBLIC PLACES REVIEW PROCESS
ORDINANCE NO, 2016-3985
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY
AMENDING CHAPTER 82, "PUBLIC PROPERTY," ARTICLE VII, "ART
IN PUBLIC PLACES", DIVISION 4, "PROCEDURES," AT SECTION 82-
612, "SELECTION OF ARTISTS AND WORKS OF ART," IN ORDER
TO AMEND THE PROCEDURES FOR SELECTING ARTISTS;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach recognizes the importance of publicly accessible
art and the role public art plays in enhancing public and capital projects; and
WHEREAS, in the course of its review of the Art In Public Places ("AIPP") Ordinance
set forth in Sections 82-561 through 82-612 of the City Code, the Administration and the
Commission have identified duplication in the review process for approval of AIPP works; and
WHEREAS, the City desires to streamline the AIPP procedures so as to not
unnecessarily burden the Administration or the City's AIPP artists with the requirement of
attending multiple meetings and additional costs related thereto; and
WHEREAS, this amendment requires the City's AIPP-selected artists to only appear
once before the Historic Preservation Board (the "Board") or the Historic Preservation Board,
and clarifies the City Code to reflect that the City Commission makes all findings, selection
and conditions to be imposed upon the artwork, artist or location, as the Board is advisory to
the City Commission, which makes the ultimate determinations with respect to AIPP works;
and
WHEREAS, this amendment is to Chapter 82 and not to Chapter 118, and therefore
does not implicate Section 1.06 of the City Charter, which provides that "[a]ny change to City
Code Chapter 118, Article II, Division 4, "Historic Preservation Board," or City Code Chapter
118, Article X, Divisions 1-4, "Historic Preservation," which, whether through amendment,
exemption, repeal, or otherwise, reduces the powers and duties of the City's Historic
Preservation Board, or creates less stringent historic preservation standards or regulations,
shall, before becoming effective be approved by a majority of the voters in a Citywide
referendum"; and
WHEREAS, this amendment to Chapter 82, does not change the powers of the Historic
Preservation Board, found in Chapter 118, and does not create less stringent historic
preservation standards or regulations; and
WHEREAS, this amendment to Chapter 82 clearly delineates the advisory role of the
Historic Preservation Board and the Design Review Board to the City Commission, which has
the ultimate ability to select the artist, the art work, and location for the art to be placed in a
public space; and
WHEREAS, the amendments set forth below are necessary to accomplish all of
the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 82, "Public Property," Article VII, "Art In Public Places", Division 4,
"Procedures," at Section 82-612 is hereby amended as follows:
* * *
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
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 •--; , -= -- - - - - --- - •_
- -
.e- - - - - . - • = , - 'e --:-e, prior to submittal of a final recommendation by
the art in public places committee to the city commission. At the time of the board's first
SECTION 2. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith
be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or other
appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this /3 day of Juyk4 2016.
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Philip Le Vie, 4.''6'r"/
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ATTEST: ,
�`'��;���������',i��� � APPROVED AS TO
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FORM & LANGUAGE
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0 : ,....---- v OA* : I NCORP ORATED: env Attomey Dote
First Reading: D ,a ber 9 21)
Second Reading: Jai `i•3, 2 _�/ . • ��
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Verified By: It ■ ' "" "`���
Thomas R. Mo• , AICP
Planning Direc
Underline = new language
gh = deleted language
(Commissioner Joy Malakoff)
F:WTTO\BOUE\Ordinances\A1PP Process-Second Reading ORD 1-13-2016.docx
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending Chapter 82, "Public Property," Article Vii, "Art In Public Places",
Division 4, "Procedures," At Section 82-612, "Selection Of Artists And Works Of Art," In
Order To Amend The Procedures For Selecting Artists; Providing For Codification;
Repealer; Severability, And An Effective Date.
Key Intended Outcome Supported:
Streamline the Delivery of Services Through All Departments.
Supporting Data (Surveys, Environmental Scan, etc The City's efforts to meet residents'
expectations in delivering services dropped from 67% in 2012 to 58% in 2014.
Item Summary/Recommendation:
SECOND READING AND PUBLIC HEARING
On October 14, 2015, at the request of Commissioner Malakoff, the City Commission directed city
staff to prepare an ordinance amendment that would streamline the review and approval process for
Art in Public Places. The City Code currently requires the selected work of public art to be reviewed
twice by either the Historic Preservation Board or Design Review Board, which are reviewing the work
of art solely in an advisory capacity.
In the course of its review of the Art In Public Places ("AIPP") Ordinance set forth in Sections 82-561
through 82-612 of the City Code, the Administration and the Commission have identified duplication
in the review process for approval of AIPP works. The City desires to streamline the AIPP
procedures so as to not unnecessarily burden the Administration or the City's AIPP artists with the
requirement of attending multiple meetings and additional costs related thereto.
This amendment requires the City's AIPP-selected artists to only appear once before the Historic
Preservation Board or the Design Review Board, and clarifies the City Code to reflect that the City
Commission makes all 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.
The Administration recommends that the City Commission approve the attached ordinance
amendment at Second Reading. This item was approved by the City Commission on First Reading
on December 9, 2016
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary: In accordance with Charter section 5.02, which requires that the
"City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed
legislative actions," this shall confirm that the City Administration evaluated the long-term economic
impact (at least 5 years) of this proposed legislative action, and determined that there will be no
measurable impact on the City's budget.
City Clerk's Office Legislative Tracking:
Max Sklar
Sign-Offs:
art nt Director Assistant Ci anager II City Manager
T:\AGENDA\26\January\TCED\AiPP Ord end Ord Amend-Second Re.;• g SUMM.docx
I
MIAMI �S EEAH A
AGENDA I M
DACE 1 /3 !6
- -- MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City •c mmission
FROM: Jimmy L. Morales, City Manager _ =`
DATE: January 13, 2016
SUBJECT: ART IN PUBLIC PLACES REVIEW P\ OCESS
SECOND READING AND PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY
AMENDING CHAPTER 82, "PUBLIC PROPERTY," ARTICLE VII, "ART
IN PUBLIC PLACES", DIVISION 4, "PROCEDURES," AT SECTION 82-
61 2, "SELECTION OF ARTISTS AND WORKS OF ART," IN ORDER
TO AMEND THE PROCEDURES FOR SELECTING ARTISTS;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY, AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the attached
ordinance amendment at Second Reading.
BACKGROUND
On October 14, 2015, at the request of Commissioner Malakoff, the City Commission
directed city staff to prepare an ordinance amendment that would streamline the review
and approval process for Art in Public Places. The City Code currently requires the
selected work of public art to be reviewed twice by either the Historic Preservation Board
or Design Review Board, which are reviewing the work of art solely in an advisory
capacity.
This item was approved by the City Commission on First Reading on December 9, 2016
ANALYSIS
In the course of its review of the Art In Public Places ("AIPP") Ordinance set forth in
Sections 82-561 through 82-612 of the City Code, the Administration and the
Commission have identified duplication in the review process for approval of AIPP
works. The City desires to streamline the AIPP procedures so as to not unnecessarily
Commission Memorandum
Ordinance Amendments—Art in Public Places Review Process
January 13, 2016 Page 2 of 2
burden the Administration or the City's AIPP artists with the requirement of attending
multiple meetings and additional costs related thereto.
This amendment requires the City's AIPP-selected artists to only appear once before
the Historic Preservation Board or the Design Review Board, and clarifies the City Code
to reflect that the City Commission makes all 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.
This amendment is to Chapter 82 and not to Chapter 118, and therefore does not
implicate Section 1.06 of the City Charter, which provides that "[a]ny change to City
Code Chapter 118, Article II, Division 4, "Historic Preservation Board," or City Code
Chapter 118, Article X, Divisions 1-4, "Historic Preservation," which, whether through
amendment, exemption, repeal, or otherwise, reduces the powers and duties of the
City's Historic Preservation Board, or creates less stringent historic preservation
standards or regulations, shall, before becoming effective be approved by a majority of
the voters in a Citywide referendum". This amendment to Chapter 82, does not change
the powers of the Historic Preservation Board, found in Chapter 118, and does not
create less stringent historic preservation standards or regulations. This amendment to
Chapter 82 clearly delineates the advisory role of the Historic Preservation Board to the
City Commission, which has the ultimate ability to select the artist, the art work, and
location for the art to be placed in a public space.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission approve the attached
ordi nce amendment at Second Reading.
JLM/K B MAS
T:WGENDA\2016\January\TCED\AiPP Ord Amend\AiPP Ord Amend-Second Reading MEM.docx
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