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2001-3333 ORDORDINANCE NO. 2001-3333 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, AMENDING VARIOUS SECTIONS OF THE CITY CODE, INCLUDING THE LAND DEVELOPMENT REGULATIONS, CONCERNING ART IN PUBLIC PLACES, AND INVOLVEMENT IN THE SELECTION OF PUBLIC ART BY THE DESIGN REVIEW AND THE HISTORIC PRESERVATION BOARDS; AMENDING CHAPTER 82, ARTICLE VII, ART IN PUBLIC PLACES, DIVISION 1, SECTION 82-537, DEFINITIONS, TO ADD UP TO TWO MEMBERS OF THE DESIGN REVIEW OR HISTORIC PRESERVATION BOARDS TO THE PROFESSIONAL ADVISORY COMMITTEE, DEPENDING UPON THE LOCATION OF THE PROJECT AND THE RESPECTIVE BOARD'S JURISDICTION; AMENDING SECTION 82-612 TO PROVIDE THAT IN THE ABSENCE OF A PROFESSIONAL ADVISORY COMMITTEE, THAT THE DESIGNATED DESIGN REVIEW OR HISTORIC PRESERVATION BOARD MEMBERS SHALL ADVISE THE ART IN PUBLIC PLACES COMMITTEE, AND PROVIDING PROCEDURES FOR ART PROJECT REVIEW BY THE DESIGN REVIEW BOARD OR HISTORIC PRESERVATION BOARD; AMENDING SECTIONS 118-71(2) AND 118-102(3) TO PROVIDE THAT THE JURISDICTION OF THE DESIGN REVIEW AND HISTORIC PRESERVATION BOARDS SHALL BE ADVISORY TO THE CITY COMMISSION ON THE SELECTION OF WORKS OF ART, EXCEPT THAT SUCH BOARDS MAY IMPOSE BINDING CRITERIA IN CERTAIN MATTERS AS SPECIFIED; PROVIDING FOR CROSS- REFERENCING OF THE PROVISIONS IN CHAPTER 82; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Art in Public Places program enhances the aesthetic environment of the City by including works of art on public property within the City and in City construction projects; and WHEREAS, the Art in Public Places Committee is responsible for making recommendations to the City Commission on the locations suitable for the placement of such art, and on the selection of artists and works of art; and WHEREAS, the City's Design Review Board and Historic Preservation Board also have jurisdiction over City construction projects, including the location and aesthetics of art, where consistent with their jurisdiction; and WHEREAS, it is necessary and appropriate, and in furtherance of the public health, safety and welfare, to provide for a coordinated review and approval process for such art, through the formal placement of two members of the Design Review Board or Historic Preservation Board on the Art in Public Places Professional Advisory Committees, depending upon the location of the project in relation to the respective Boards' jurisdiction, and through modification of the jurisdiction of such Boards over Art in Public Places projects; NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Chapter 82, Public Property, Article VII, Art in Public Places, Section 82-537, is amended to read as follows: 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: 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 committee shall also contain up to two members of the Design Review Board or Historic Preservation Board, to be 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 nroject. (Ord. No. 95-2985, § 2(4A-2), 4-5-95) SECTION 2: That Chapter 82, Public Property, Article VII, Art in Public Places, Section 82-612(c), is amended to read 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 2 recommend one (1) (2) (3) (4) of the following means of obtaining the works of art: 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 ~eview. Limited entry competition. A limited number of artists are invited to compete as set forth in subsection (a)(1) of this section. 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. 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 with 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. If the art in public places committee chooses not to use a professional advisory committee to assist in selection process, the committee may instead use the designated members of the Design Review or Historic Preservation Boards to assist in the selection process. (d) The art in public places committee shall consider the recommendations of the professional advisory committee in selecting works of art for particular sites. (e) Selection of artists, sculptors, crafksmen, and professional advisory committee's review of designs and choice and acceptance of works of art shall be by the art in public places 3 committee and must have approval of the city commission. All agreements made pursuant to this article shall be authorized by the city commission. (f) 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) (2) (3) (4) (5) (6) Appropriateness to the site. Maintenance requirements. Quality of the work. Likeliness that the artist can complete the work within available fimding. Reflection of enduring artistic concepts, rather than transitory ones. History of the artist in terms of completion of works on time. (g) In obtaining the advice of the design review board, or historic ~reservation 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 twice: first, conceptually and prior to the selection of an artist or work, and second, prior to submittal of a final recommendation by the Art in Public Places Committee to the City Commission. At the time of the boards' first review, the boards may impose binding criteria, subject to later reconsideration, on the following matters: location, size, footprint, massing, and relationship to context, including the establishment of a range of acceptable materials. (Ord. No. 95-2985, § 2(4A-11), 4-5-95) SECTION 3: That Chapter 118Administration and Review Procedures, Article II, Boards, Division 3, Design Review Board, Section 118-71 (2), Powers and duties, is amended to read as follows: Sec. 118-71. Powers and duties. The design review board shall have the following powers and duties: (2) To review all applications requiring design review approval for all properties not located within a designated historic district or not designated as a historic site. For works of art in the Art in Public Places program, the design review board shall serve as advisor to the City Commission, and may impose binding criteria, as provided in Ch. 82, Art. VII, Art in Public Places, Div. 4, Procedures. 4 SECTION 4: That Chapter 118Administration and Review Procedures, Article II, Boards, Division 4, Historic Preservation Board, Section 118-71, Powers and duties, is amended to read as follows: Sec. 118-102. Powers and duties. The historic preservation board shall: (3) Issue or deny certificates of appropriateness, certificates to dig and certificates of appropriateness for demolition in accordance with procedures specified in this division, excluding certificates of appropriateness for demolition for city-owned buildings and other improvements as hereinafter specified on city-owned property and public rights-of-ways, for which the historic preservation board shall serve as advisor to the city commission. For works of art in the Art in Public Places program, the historic preservation board shall serve as advisor to the City Commission, and may impose binding criteria, as provided in Ch. 82. Art. VII, Art in Public Places. Div. 4. Procedures. SECTION 5. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 6. 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 7. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 5 SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this ~r.h day of ATTEST: CITY CLERK Ordinance N6. 2001-3333 (..//~H~YOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Attorney~j~f._ Date F:~_TTOLHELG\Ordinanccs~ArtPubPl\ordinance.rev.wpd 6 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us TO: FROM: SUBJECT: COMMISSION MEMORANDUM Mayor David Dermer DATE: November 28. 2001 Members of the City Commission Jorge M Gonzalez~,,. A~,-'/ SECOND READING PUBLIC HEARING City Manager V AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, AMENDING VARIOUS SECTIONS OF THE CITY CODE, INCLUDING THE LAND DEVELOPMENT REGULATIONS, CONCERNING ART IN PUBLIC PLACES, AND INVOLVEMENT IN THE SELECTION OF PUBLIC ART BY THE DESIGN REVIEW AND THE HISTORIC PRESERVATION BOARDS; AMENDING CHAPTER 82, ARTICLE VII, ART IN PUBLIC PLACES, DIVISION 1, SECTION 82-537, DEFINITIONS, TO ADD UP TO TWO MEMBERS OF THE DESIGN REVIEW OR HISTORIC PRESERVATION BOARDS TO THE PROFESSIONAL ADVISORY COMMITTEE, DEPENDING UPON THE LOCATION OF THE PROJECT AND THE RESPECTIVE BOARD'S JURISDICTION; AMENDING SECTION 82-612 TO PROVIDE THAT IN THE ABSENCE OF A PROFESSIONAL ADVISORY COMMITTEE, THAT THE DESIGNATED DESIGN REVIEW OR HISTORIC PRESERVATION BOARD MEMBERS SHALL ADVISE THE ART IN PUBLIC PLACES COMMITTEE, AND PROVIDING PROCEDURES FOR ART PROJECT REVIEW BY THE DESIGN REVIEW BOARD OR HISTORIC PRESERVATION BOARD; AMENDING SECTIONS 118-71(2)AND 118-102(3) TO PROVIDE THAT THE JURISDICTION OF THE DESIGN REVIEW AND HISTORIC PRESERVATION BOARDS SHALL BE ADVISORY TO THE CITY COMMISSION ON THE SELECTION OF WORKS OF ART, EXCEPT THAT SUCH BOARDS MAY IMPOSE BINDING CRITERIA IN CERTAIN MATTERS AS SPECIFIED; PROVIDING FOR CROSS-REFERENCING OF THE PROVISIONS IN CHAPTER 82; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION: Approve the Ordinance. AGENDA ITEM DATE ANALYSIS: The Mayor and City Commission have deemed it to be in the best interests of the citizens, residents, and visitors to the City of Miami Beach to promote Art in Public Places. The Art in Public Places Committee is responsible for determining the appropriateness of public art commissions with regard to site identification and selection of art. By adoption of the proposed amendment, the Art in Public Places professional advisory committee shall contain up to two members of the Design Review Board or Historic Preservation Board, to be 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. If the Art in Public Places committee chooses not to use a professional advisory committee to assist in the selection process, the committee may instead use the designated members of the Design Review or Historic Preservation Boards to assist in the selection process. In obtaining the advice of the Design Review Board, or Historic Preservation Board, whichever has application and review procedures, the staff of the Art in Public Places Committee shall present the proposal to such boards twice; first, conceptually and prior to the selection of an artist or work, and second, prior to adoption or submittal of a final recommendation by the Art in Public Places Committee to the City Commission. At the time of the boards' first review, the boards may impose binding criteria, subject to later reconsideration, on the following matters: location, size, footprint, massing, and relationship to context including the establishment of a range of acceptable materials. For works of art in the Art in Public Places program, the Historic Preservation and Design Review boards shall serve as jurisdiction over the matter based on the location of the proposed project, according to such board's normal advisor to the City Commission, and may impose binding criteria, as provided in Ch. 82, Art. VII, Art in Public Places, Div. 4, Procedures. On May 16, 2001, a referral was made by the City to the Land Use and Development Committee to discuss the amendment to the Art in Public Places Ordinance to set forth a procedure which would preclude other city boards from overriding public art recommendations after the selection process has been completed. On June 25t', 2001, the Land Use and Development Committee approved the request to amend the Art in Public Places and related Ordinances. On September 25t~, 2001, the Planning Board discussed and then recommended a comprehensive set of ordinance amendments for presentation to the Historic Preservation (HPB) and the Design Review (DRB) boards. These respective ordinance amendments were approved by the HPB on October 9t~, the DRB on October 16~, and by Commission at first reading on October 17~. The Administration recommends that the City Commission approve these ordinance amendments at second and final reading. JMG:C~C.'GH:JQ:JH:jv T:~AGENDA~2001~3¢t 1701~CON SENTV~iPP Ordinance Amendrnents.doc