2004-3448 Ordinance
ORDINANCE NO. 2004-3448
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING THE CITY'S ART IN PUBLIC PLACES
LEGISLATION, AS CODIFIED IN CHAPTER 82, ARTICLE
VII, DIVISIONS 1 THROUGH 4, SECTIONS 82-501
THROUGH 82-612, OF THE CODE OF THE CITY MIAMI
BEACH, FLORIDA; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, following numerous discussions at the Community Affairs Committee, the
Administration, in concert with the City's Art in Public Places Committee, has undertaken a
comprehensive review of the City's Art in Public Places legislation, as codified in Chapter 82,
Article VII, Divisions 1 through 4, Sections 82-501 through 82-612, of the Code of the City of
Miami Beach, Florida (the AIPP Ordinance); and
WHEREAS, in the course of its review ofthe AIPP Ordinance, the Administration and the
AIPP Committee have identified numerous proposed amendments, as set forth herein, which, in
pertinent part, include the following:
. Expanding required appropriations to the AIPP Fund to include city construction
proj ects where the City is a party to a development agreement and/or a ground lease;
Revise and clarify the respective definitions of "hard costs" and "City construction
project" for purposes of applying required AIPP financial contributions;
. Exemptions of certain types of City construction projects from the AIPP Ordinance;
. Clarifying the powers and duties of the AIPP Committee, and making the Committee
structure uniform with the City's agencies, boards, and committees legislation;
. Providing that the acquisition, removal, and/or relocation of works of art be in
accordance with the criteria set forth in the Art in Public Places Master Plan, as shall
be adopted by resolution of the City Commission; and
WHEREAS, accordingly, the Administration and the Art in Public Places Committee would
recommend approval of the foregoing amendments, as set forth herein, to the City's Art in Public
Places Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Chapter 82, Article VII, Divisions 1 through 4, Sections 82-501 through 82-612, of this
Code of the City of Miami Beach, Florida, is hereby amended as follows:
DIVISION 1. GENERALLY
Sec. 82-536. Intent of article.
It is the intent ofthis 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.
(Ord. No. 95-2985, ~ 2(4A-l), 4-5-95)
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 general 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 vroiect 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 proiects 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 proiect.
inc1udiRg ar-ehiteehiFal and eRgiReeriRg fees, !!l!!Lsite \Verk aftd contiRgeRey allowances. 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 the original alleeatien 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.
CORstruetieR prejeet, city oVlRod eenstrnetien project means afty eapital project fer ROW city ewned
buildiRg eenstmction or for additiens to existing city eWRed Building, paid fer 'Nhelly or iR part by
the eity.
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 shalt-may also contain up to two members ofthe 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 applicatiQn of skill and taste to production Qftangible Qbjects according to
aesthetic principles, including but not limited tQ, paintings, sculptures, engravings, carvings, frescQs,
mobiles, murals, collages, mosaics, statues, bas-reliefs, tapestries, photographs and drawings, Qr
cQmbinations thereof, and artist-designed public facilities. buildings. and/or J*lblie spaces and
functional elements, either as integral parts of a larger prQject or as a separate entity.
The prQvisions of this article shall not apply to the new constructiQn of. renQvatiQns. Qr additiQns tQ
the fQllQwing citv constructiQn proiects:
a. Water and sewer related facilities. such as pump statiQns. water mains. water lines. sewer
lines, treatment facilities. etc.
b. StQrm drainage infrastructure.
c. RQad cQnstruction Qr bridges.
d. Streetscape beautificatiQn proiects. which include but are not limited tQ, Qne Qr all Qf the
follQwing elements: resurfacing. new curbs, gutters, pavers. sidewalks. landscaping, lighting. bus
shelters, bus benches. street furniture and signage.
e. City cQnstruction prQiects undertaken tQ replace. reCQnstruct. or repair an existing public
building Qr facility damaged Qr destrQyed by a sudden unexpected turn Qf events, such as an act Qf
God. riQt. fire. flQod, accident. Qr Qther urgent circumstance.
f. The cQnstructiQn. remQdeling. repair Qr imprQvement tQ a public electric Qr gas utility system.
g. Where the city cQnstructiQn prQiect is undertaken as a repair Qr maintenance Qf an existing
public facility.
(Ord. NQ. 95-2985, ~ 2(4A-2), 4-5-95; Ord. NQ. 2001-3333, ~ 1, 11-28-01)
Cross references: DefinitiQns generally, ~ 1-2.
Secs. 82-538--82-560. Reserved.
DIVISION 2. ART IN PUBLIC PLACES COMMITTEE*
*Cross references: BQards, cQmmittees, cQmmissiQns, ~ 2-61 et seq.
Sec. 82-561. Established.
(a) An art in public places committee is hereby established tQ carry Qut the functiens powers and
duties set fQrth in sectiQn 82-562. The cQmmittee shall be cQmpQsed of seven members apPQinted by
a majQrity VQte of the entire city cQmmissiQn. The members shall PQssess a high degree Qf
cQmpetence in the evaluatiQn Qf art histQry, architectural histQry, art, architecture, sculpture, painting,
artistic structural design and Qther apprQpriate media fQr display Qr integratiQn Qf art in public places.
(b) The term of Qffice fQr cQmmittee members shall be twQ years. Vacancies Qccurring befQre the
expiration Qf a term shall be filled by the MaYQr fQr the remainder Qf that term. Members shall alse
be subjeet tQ aI:ItQmatie removal for excessive abs0f1ee as provided by ResahltiQfl Na. 92 20514.
(c) The committee shall folIe"" the flr-eeeal:1res set forth in ResalatiQfI Na. 92 20514 [-or CaBal:1et
of eommittee meetings, eleetion of offieers and periodie reporting to the eity eommission.
(Ord. No. 95-2985, ~ 2(4A-6), 4-5-95; Ord. No. 96-3032, ~ 1(4A-6), 1-24-96)
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 waived utilized at the site 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 sereen sl:lbmissions and Io seleet recommend to the city commission the selection of
existing works of art or to determine whether to eommission recommend the selection of new works
of art, and screen submissions therefore, for the fulfillment ofthe requirements ofthis article. fer-aFt
in publie plaees within the eity.
(3) To conduct contests and competitions in order to select works of art to be recommended for ~
particular si te~
(4) To recommend a professional advisory committee to advise the committee and city
commission regarding selection of particular works of art for a project ar sitecity construction
proiect.
(5) Ta be resflaRsible for managing the r0flrod1:letioR rights to each acq1:lisitioFl subjeet to policies
established by the eity eommissioR.
(6~) To reeommeFld and oversee the maintenaHee aHd insurance neeessary to preserve aHd proteet
aeEJl:lisitioRs. 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.
(81) To recommend legislation concerning public works of art in the city.
(9li) 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 publis faeilities
within the city.
(M,2) To perform all other duties and functions as requested by the city commission.
(Ord. No. 95-2985, ~ 2(4A-7), 4-5-95; Ord. No. 99-3162, ~ 1,1-6-99)
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.
(Ord. No. 95-2985, ~ 2(4A-8), 4-5-95)
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.
(Ord. No. 95-2985, ~ 2(4A-9), 4-5-95)
Sees. 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:
(I) Moneys appropriated to the fund by the city commission in accordance with section 82-587.
(2) Moneys donated to the fund by private individuals and organizations.
(3) Moneys received by the city from award of 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 \,ublic places fund.
(Ord. No. 95-2985, ~ 2(4A-3), 4-5-95)
Sec. 82-587. Appropriations by the city to the fund.
(a) All appropriations of city funding for construction of city owaed construction projects,
including construction ofne"", bl:lildings aBel/or pl:lblic facilities or additions to e-xisting structl:lres,
shall include an appropriation of funds to the art in public places fund. For new construction Ithe
amount appropriated to the art in public places fund shall not be less than I 1/2 percent (1 Yo %) of
the construction cost of the proposed city construction project. Ithe appropriation to the fund shall
be made at the same time asofthe award of funding for the construction preject of the construction
contract for said city construction proiect. 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
subiect 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 alse invelye participation 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
proiect 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 shall not apply to projects by
not- for-profit persons or entities recognized under Section 501 (c )(3) ofthe Internal Revenue Code of
1986, as amended, whose total construction budgets are less than $8,000,000.00.
( c) Ifthe city cemmission determines that a particHlar project is net aR apJlr-Dpriate site fer works
of art, it may waive the required apprepriation by reselution, or alternatively. may elect tEl 'Naiye the
appropriation, or a portieR thereof, aRd place the funding in the fl:Hld. In making this determinatieR,
the city cElmmission shall consider the recommClldatiaR ofthe art in public places committee.
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) When a city eenstructian projeet site has been determined !'ill! to be aR appropriate site fer
wades of art, appropriations made in eallBectien with atM particHlar ~ canstructien project need
nat be used for worIes Elf art to be located en the site efthat particlllar preject. exeeflt 'Nhen restrieted
by tbe legal aarameters of the fHRding somee, inclading but nat limited te, all fundiHI': seHrces
stemming uam redevelaameRt area aHd Band er other allBlic funding saurces. f. portion ef the
appropriation for a particular canstruetioR sitecity construction aroject may be utilized for wades of
art for that site, with the remainder efthe apprepriation theft being placed in the art in aublic places
fund far use at aHother site, or the entire appropriation may be placed in the fund.
(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) Selection of alternative sites, alletment of apprepriatian for acquisition ef ',varIes ef art for
particular sites. and selectien ofwerks €If art, shall be determinedrecemmended by the eemmittee
and appfeved by the city commissian.
(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.
(Ord. No. 95-2985, 92(4A-4), 4-5-95; Ord. No. 2001-3309, 91, 6-6-01)
Sec. 82-588. Permitted use of fund moaeysmonies.
MoneysMonies 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 enin public buildings or in public facilities within the city in accordance with the
procedures in sections 82-611 and 82-612. Proflerty selected as a site fer the 10catieR ef',verks ef art
pl:lFSl:umt to this article may inehlde both new constrnctioR sites and sites of existing bl:lildiRgs on
public property or oalin publie facilities, or public parks.
(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 may 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 when 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 ofthe 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 fJ:ravel expenses, at the rates used citywide and approved in advance by the
city manager.
All such expenses shall be approved as part ofthe 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 ofthe total appropriations for art in public places
shall not be more than twenty-five percent (25%) of monies placed in the art in public places fund.
(Ord. No. 95-2985, ~ 2(4A-S), 4-5-95)
Sees. 82-589--82-610. Reserved.
DNISION 4. PROCEDURES
Sec. 82-611. Procedures for site selection.
(a) The art in public places committee shall evaluate each proposed city construction project to
determine its suitability as a loeationsite for works of art. In making its determination, the following
factors will be considered:
(1) Appropriateness of the bl:lildingcity construction proiect as a loeationsite for works of art.
(2) Physical layout of the bailding OR the sitecitv construction proiect.
(3) Eltposl:lreVisibility 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.
(Ord. No. 95-2985, ~ 2(4A-IO), 4-5-95)
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:
(I) 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 oftheir 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)(l) ofthis section.
(3) Direct selection of the artist. An artist or several artists may be selected to develop a proposal
for the proj ect 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 with 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 ofthe 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 pl:lblie plaees eemmittee ehoeses net to tlse a
flrefessi(mal ad';isory eemmittee to assist in selection precess, the eommittee may instead tlse the
designated members eftne design review or histeric preservation boards to assist in the selection
pF0eess.
(d) The art in public places committee shall consider the recommendations ofthe professional
advisory committee in selecting works of art for particular sitescity construction proiects or existing
si tes.
e 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.
W ill 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.
~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 citv construction proiect or existing sitesite.
(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.
fgt {hlIn obtaining the advice ofthe 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 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 board's 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, S 2(4A-ll), 4-5-95; Ord. No. 2001-3333, S 2, 11-28-01)
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, sentence, clause or phrase ofthis ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions ofthis ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission ofthe City of Miami Beach, and it is
hereby ordained that the provisions ofthis ordinance shall become and be made a part ofthe Code of
the City of Miami Beach, Florida. The sections ofthis ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" maybe changed to "section", "article," or other
appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect the 19th day of June
,2004.
PASSED and ADOPTED this ~ day of
,2004.
ATTEST:
t ~J'_~"~-""''''U("NA'''''''_
Ordinance No. 2004-3448
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
6-,-o!-j
ate
CllY OF MIAMI BEACH
COMIIIISSION ITEM SUMMARY
m
Condensed Title:
Amendment to the Art in Public Places Ordinance to clarify the definition of terms for eligible construction
projects for funding and appropriations permitted use of fund monies, and procedures for selection of
works of art.
Issue:
Shall City Commission amend the Art in Public Places Ordinance to clarify the definition of terms for eligible
projects for funding as well as the policy and procedures for appropriations, transfers and expenditures?
Item Summary/Recommendation:
The Administration recommends opening and continuing the public hearing until September 8, 2004 to
complete the development of a maintenance schedule as requested on first reading. The Administration is
also calculating and estimating contributions to the AiPP fund from new projects that otherwise would not
have made a contribution to the fund.
On May 5, 2004, the ordinance amendment was reviewed and approved on first reading by the City
Commission. The Administration was directed to complete the development of a maintenance schedule, as
well as estimate the additional contributions to the AiPP fund from new capital projects that otherwise would
not have made a contribution to the fund, prior to the public hearing & final reading of the Ordinance
amendment. After consulting Miami-Dade County Art in Public Places Office and other experts in the field,
Staff has determined it to be in the best interest of the City and its public art collection to develop an accurate
maintenance and conservation schedule.
The development of an accurate maintenance and conservation schedule requires the knowledge and
expertise of a Conservator to inspect and report on each work of art in the City's collection, including the
present condition of the artwork and recommendations regarding needed maintenance and repair. The
Administration has contacted numerous Conservators to procure their services for the development of the
City's Public Art Maintenance and Conservation Plan. Unfortunately, the City was very late in contacting
conservators and is unable to secure their services at this time.
Advisory Board Recommendation:
Approved by the Art in Public Places Committee on September 16, 2003 and April 20, 2004, and the
Community Affairs Committee on April 29, 2004. Approved on First Reading by the City Commission on
May 5, 2004
Financial Information:
Source of
Funds:
D
Finance Dept.
City Clerk's Office Legislative Tracking:
I Max A. Sklar
Si n-Off .
AGENDA ITEM R S ~
DATE~
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez 1\.. /'
City Manager () ~
Date: June 9, 2004
SECOND READING
PUBLIC HEARING
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CITY'S ART IN PUBLIC
PLACES LEGISLATION, AS CODIFIED IN CHAPTER 82, ARTICLE VII,
DIVISIONS 1 THROUGH 4, SECTIONS 82-501 THROUGH 82-612, OF THE
CODE OF THE CITY MIAMI BEACH, FLORIDA; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends opening and continuing the public hearing until
September 8, 2004 to complete the development of a maintenance schedule as requested
on first reading. The Administration is also calculating and estimating contributions to the
AiPP fund from new projects that otherwise would not have made a contribution to the
fund.
BACKGROUND
The Community Affairs Committee met on three occasions since the fall of 2002, to
discuss the Art in Public Places (AiPP) Ordinance and Masterplan. The Administration
was asked to calculate the financial impact if the definition of "public facilities" was
expanded to include facilities such as landscaping in parks, pool structures and golf
courses. Similarly, the Administration was asked to provide a balance of the AiPP fund,
expenses and projections to date. The reconciliation report and master plan and
guidelines were reviewed by the Art in Public Places Committee on September 16,2003,
by the Community Affairs Committee on December 16, 2003, and were approved by the
City Commission on May 5, 2004.
Generally, amendments to the AiPP Ordinance include the following:
. Expanding required appropriations to the AIPP fund to include city construction
projects where the City is a party to a development agreement and/or a ground
lease;
. Revise and clarify the respective definitions of "hard costs" and "city construction
project" for purposes of applying required AIPP financial contributions;
. Exemptions of certain types of city construction projects from the AIPP Ordinance;
. Clarifying the powers and duties of the AIPP Committee, and making the Committee
structure uniform with the City's agencies, boards, and committees legislation; and
. Providing that the acquisition, removal, and/or relocation of works of art be in
accordance with the criteria set forth with the Art in Public Places Master Plan, as
shall be adopted by resolution of the City Commission.
The new definition for City construction project includes any construction contract which the
City is a party for the new construction of, renovations requiring compliance with 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 property. This also includes construction
projects that are developed by persons or entities other than the city, but which include the
participation of the city as a party to a development agreement or ground lease. The
previous definition included any capital project for new city owned building construction or
for additions to existing city owned building, paid for wholly or in part by the city. The intent
is to prospectively apply this ordinance to all capital projects that meet this new definition.
Construction costs are defined as "hard costs" which consist of the cost of all labor and
include the cost of equipment and materials to be used in a City construction project. Land
acquisition costs, architect and engineering fees, other professional consultant fees, work,
environmental remediation costs, and costs associated with subsequent changes in
construction contracts are no longer included. Adjustments will be made to the original
appropriation only for construction costs associated with city requested changes in scope
requiring additional appropriations in excess of $200,000 in the aggregate.
In an effort to strengthen the Art in Public Places program and secure sufficient funding for
a long-term Art in Public Places program, the Committee recommends expanding the
definition of "public facilities" to include more projects to be eligible under the AiPP
Ordinance. Examples of new projects that would fall under the revised definition, but are
not currently considered under the existing definition are parks, pools, and recreational
trails.
In lieu of clarification of eligibility per project, the Legal Department has recommended that
the following City construction projects not be subject to the provisions of the Ordinance:
a. Water and sewer related facilities, including but not limited to pump stations, water
mains, water lines, sewer lines, treatment facilities.
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. When the City construction project is undertaken as repair or maintenance of an
existing public facility and does not trigger the Florida Building Code fifty percent
(50%) rule.
Amendments to the Ordinance also clarify the powers and duties of the AiPP Committee
and make the Committee structure uniform with the City's agencies, boards and committee
legislation. Under the proposed Ordinance the City Commission may also, by resolution,
waive the required appropriation, reduce the appropriation amount, or determine a more
appropriate site for works art, finding that such waiver is in the best interest of the City.
Finally, this proposed Ordinance provides for construction management to be handled by
the City Manager's designee, which would likely be the CIP or Public Works departments.
Appropriations for AiPP funds will continue to be awarded at the time of construction
contract award for all applicable capital projects throughout the City.
In light of the emerging global image of Miami Beach as a tourism and cultural destination,
and taking into consideration the overall cut backs in funding of the arts statewide, the
Community Affairs Committee reviewed and approved the proposed Ordinance
amendments which will serve to support the enhancement of the image of Miami Beach as
a world class tourist destination that supports the arts.
On May 5, 2004, the ordinance amendment was reviewed and approved on first reading by
the City Commission. The Administration was directed to complete the development of a
maintenance schedule, as well as estimate the additional contributions to the AiPP fund
from new capital projects that otherwise would not have made a contribution to the fund,
prior to the public hearing & final reading of the Ordinance amendment. After consulting
Miami-Dade County Art in Public Places Office and other experts in the field, Staff has
determined it to be in the best interest of the City and its public art collection to develop an
accurate maintenance and conservation schedule.
The development of an accurate maintenance and conservation schedule requires the
knowledge and expertise of a Conservator to inspect and report on each work of art in the
City's collection, including the present condition of the artwork and recommendations
regarding needed maintenance and repair. The Administration has contacted numerous
Conservators to procure their services for the development of the City's Public Art
Maintenance and Conservation Plan. The Administration has been unable to secure the
services conservators, therefore it recommends opening and continuing the public hearing
until September 8, 2004.
FISCAL IMPACT
The majority of amendments proposed seek to codify current practices, clarify definition
and roles, and determine eligible construction projects. The 5 year incremental fiscal
impact of the changes appear to be negligible at this time, since few new projects are
currently in the City's Capital Improvements Projects that would otherwise not have made a
contribution to the AiPP fund. New projects that otherwise would not have made a
contribution to the AiPP fund are currently being reviewed to determine funding levels.
Estimates of these new contributions will be provided at the Second Reading/Public
Hearing.
CONCLUSION
The Administration recommends opening and continuing the public hearing until
September 8, 2004 to complete the development of a maintenance schedule as requested
on first reading. The Administration is also calculating and estimating contributions to the
AiPP fund from new projects that otherwise would not have made a contribution to the
fund.
JMG/CMC/MAS
T:\AGENDA\2004\Jun0904\RegulaMiPP Ordinance Memo Second Reading.doc