AiPP Resolution- R7 NResolutions - R7 N
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Raul J. Aguila, City Attorney
DATE:September 11, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, WAIVING, PURSUANT TO SECTION 82-
587(C)(1) OF THE CITY CODE, THE REQUIRED APPROPRIATION TO THE
ART IN PUBLIC PLACES FUND, FOR THE FOLLOWING GENERAL
OBLIGATION ("G.O.") BOND PROJECTS: PROJECT NO. 33, STREET TREE
MASTER PLAN; PROJECT NO. 34, NEIGHBORHOOD ABOVE GROUND
IMPROVEMENT; PROJECT NO. 35, FLAMINGO PARK NEIGHBORHOOD;
PROJECT NO. 37, SIDEWALK IMPROVEMENT PROGRAM; PROJECT NO.
38, STREET PAVEMENT PROGRAM; PROJECT NO. 41, LA GORCE
NEIGHBORHOOD IMPROVEMENT; PROJECT NO. 44, NORTH SHORE
NEIGHBORHOOD IMPROVEMENT; PROJECT NO. 52, LED LIGHTING IN
PARKS; AND PROJECT NO. 55, STREET LIGHTING IMPROVEMENTS;
AND FURTHER, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST
OF THE CITY.
ANALYSIS
This Resolution is the companion agenda item to the second reading of the proposed
amendments to the City's Art in Public Places Ordinance ("AIPP Ordinance").
Under Section 82-587 of the AIPP Ordinance, the City must allocate to the AIPP Fund an
amount, consisting of 1.5% of the hard construction costs for covered City construction
projects, namely, those City construction projects in excess of $500,000 that are covered by,
and not otherwise exempt, pursuant to Section 82-537 of the AIPP Ordinance.
Under the current AIPP Ordinance, certain City projects are exempt from contributing to the
AIPP fund, including streetscape beautification projects, which include but are not limited to,
one or all of the following elements: resurfacing, new curbs, gutters, pavers, sidewalks,
landscaping, lighting, bus shelters, bus benches, street furniture and signage.
Under the proposed amendments to the AIPP Ordinance, among other changes, the required
appropriation to the AIPP fund will be increased from 1.5% to 2% of the hard construction costs
of covered projects, and streetscape beautification projects would no longer be
exempted from the requirements of the AIPP Ordinance, including above-ground
neighborhood improvement projects.
On July 17, 2019, the Mayor and City Commission approved the proposed amendments to the
AIPP Ordinance on first reading, subject to a resolution of the concerns raised by the
Administration and the City’s G.O. Bond Oversight Committee with respect to the applicability of
the AIPP Ordinance to certain G.O. Bond above-ground improvement projects.
Specifically, the Administration and the G.O. Bond Oversight Committee have
recommended exempting certain specified G.O. Bond projects, because the original
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estimated project costs never contemplated an appropriation to the AIPP fund, and the
amounts involved would adversely impact the implementation of those projects, as
G.O. Bond funding was intended as gap funding for these projects, many of which
were existing, and otherwise unfunded, capital projects.
The projects recommended by the Administration and/or G.O. Bond Oversight Committee for a
waiver of the AIPP requirements are as follows:
G.O. #18 Scott Rakow Youth Center*
G.O. #26 Roof Replacements Cultural Facilities*
G.O. #33 Street Tree Master Plan
G.O. #34 Neighborhood Above Ground Improvement
G.O. #35 Flamingo Park Neighborhood
G.O. #37 Sidewalk Improvement Program
G.O. #38 Street Pavement Program
G.O. #41 La Gorce Neighborhood Improvement
G.O. #44 North Shore Neighborhood Improvement
G.O. #52 LED Lighting in Parks
G.O. #55 Street Lighting Improvements
*With respect to Project No. 18, Scott Rakow Youth Center, and Project No. 26, Roof
Replacements Cultural Facilities, the City Attorney’s Office has determined that the foregoing
repair/maintenance projects are exempt from AIPP Ordinance pursuant to Section 82-537 of
the City Code (under either the existing version of the AIPP Ordinance, or the proposed
amendments to the AIPP Ordinance), and therefore, a City Commission waiver of the AIPP
requirements for Project Nos. 18 and 26 is not necessary.
On August 27, 2019, the Art in Public Places Committee was advised of the foregoing list of
projects that may be exempted from the AIPP requirements, and the AIPP Committee raised
no objection to the proposed exemptions.
Pursuant to Section 82-587(c)(1), the City Commission may waive the required appropriation to
the AIPP fund for any project, if it finds it is in the best interest of the City to do so. Accordingly,
in an effort to resolve the above-referenced concerns, this Resolution waives the requirements
of the AIPP Ordinance with respect to the above-referenced projects, as being in the best
interest of the City.
Applicable Area
Citywide
Is this a Resident Right to
Know item?
Does this item utilize G.O.
Bond Funds?
Yes No
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
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Description
Resolution
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RESOLUTION NO. ___ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, WAIVING, PURSUANT TO SECTION
82-587(C)(1) OF THE CITY CODE, THE REQUIRED APPROPRIATION
TO THE ART IN PUBLIC PLACES FUND, FOR THE FOLLOWING
GENERAL OBLIGATION ("G.O.") BOND PROJECTS: PROJECT NO.
33, STREET TREE MASTER PLAN; PROJECT NO. 34,
NEIGHBORHOOD ABOVE GROUND IMPROVEMENT; PROJECT NO.
35, FLAMINGO PARK NEIGHBORHOOD; PROJECT NO. 37, SIDEWALK
IMPROVEMENT PROGRAM; PROJECT NO. 38, STREET PAVEMENT
PROGRAM; PROJECT NO. 41, LA GORCE NEIGHBORHOOD
IMPROVEMENT; PROJECT NO. 44, NORTH SHORE NEIGHBORHOOD
IMPROVEMENT; PROJECT NO. 52, LED LIGHTING IN PARKS; AND
PROJECT NO. 55, STREET LIGHTING IMPROVEMENTS; AND
FURTHER, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF
THE CITY.
WHEREAS, the City's Art in Public Places Program, established pursuant to
Sections 82-536 to 82-612 of the City Code (the "AIPP Ordinance"), is used for the
commission or acquisition of works of art within the City, as part of the City's efforts to
develop cultural and artistic resources that enhance the quality of life for individuals living
in, working in, and visiting the City of Miami Beach; and
WHEREAS, under Section 82-587 of the AIPP Ordinance, the City must allocate
to the AIPP Fund an amount consisting of 1.5% of the hard construction costs for covered
"city construction projects" (namely, those "city construction projects" in excess of
$500,000 that are covered by, and not otherwise exempt, pursuant to Section 82-537 of
the AIPP Ordinance); and
WHEREAS, currently, certain City projects are exempt from contributing to the
AIPP fund, including streetscape beaut1f1cation projects, which include but are not limited
to, one or all of the following elements: resurfacing, new curbs, gutters, pave rs, sidewalks,
landscaping, lighting, bus shelters, bus benches, street furniture and signage; and
WHEREAS, on November 6, 2018, the City's voters approved the issuance of up
to $439 million in General Obligation ("G.O.") Bonds, to fund the design and construction
of public safety projects, neighborhood and infrastructure projects, and parks and
recreational projects; and
WHEREAS, on May 29, 2019, the Finance and Citywide Projects Committee
recommended proposed amendments to the AIPP Ordinance, which amendments would
increase the required allocation to the AIPP Fund from 1.5% to 2% of the hard
construction costs for covered projects, and would expand the definition of covered
projects; and
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WHEREAS, under the proposed amendments to the Ordinance, streetscape
beautification and above-ground improvement projects would no longer be exempted
from the requirements of the AIPP Ordinance; and
WHEREAS, the Administration has recommended that certain projects be
exempted from the requirements of the AIPP Ordinance (either under the existing version
of the Code or under any amended version); and
WHEREAS, on June 18, 2019, the G.O. Bond Oversight Committee also
recommended that certain existing G.O. Bond projects be exempted from the
requirements of the AIPP; and
WHEREAS, the projects recommended by the Administration and/or G.O. Bond
Oversight Committee for a waiver of the AIPP requirements are as follows:
• G.O. #18 Scott Rakow Youth Center
• G.O. #26 Roof Replacements Cultural Facilities
• G.O. #33 Street Tree Master Plan
• G.O. #34 Neighborhood Above Ground Improvement
• G.O. #35 Flamingo Park Neighborhood
• G.O. #37 Sidewalk Improvement Program
• G.O. #38 Street Pavement Program
• G.O. #41 La Goree Neighborhood Improvement
• G.O. #44 North Shore Neighborhood Improvement
• G.O. #52 LED Lighting in Parks
• G.O. #55 Street L1ght1ng Improvements; and
WHEREAS, with respect to Project No. 18, Scott Rakow Youth Center, and Project
No. 26, Roof Replacements Cultural Facilities, the City Attorney has advised that the
foregoing repair/maintenance projects are exempt from AIPP Ordinance pursuant to
Section 82-537 of the City Code (under either the existing version of the AIPP Ordinance,
or the proposed amendments to the AIPP Ordinance), and therefore, a City Commission
waiver of the AIPP requirements for Project Nos. 18 and 26 is not necessary; and
WHEREAS, on July 17, 2019, the Mayor and City Commission approved the
amendments to the AIPP Ordinance on first reading, subject to a resolution of the
concerns raised by the City's G.O. Bond Oversight Committee, and the Administration,
regarding whether the AIPP Ordinance should be expanded to include certain above-
ground improvement projects; and
WHEREAS, on August 27, 2019, the Art in Public Places Committee was advised
of the foregoing list of projects that may be exempted from the AIPP requirements, and
the AIPP Committee raised no objection to the proposed exemptions; and
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WHEREAS, Section 82-587(c)(1) of the City Code provides that the City
Commission may waive the required appropriation to the AIPP fund for any specific
projects, if it finds that doing so is in the City's best interest; and
WHEREAS, the City Commission finds that it would be in the best interest of the
City to exempt the foregoing G.O. bond projects from the requirements of the AIPP, as
the original estimated project costs for the foregoing G.O. Bond street beautification I
above-ground improvements projects (many of which were existing, unfunded capital
projects) never contemplated an appropriation to the AIPP fund, and the amounts
involved would adversely impact the implementation of those projects, as G.O. Bond
funding was intended as gap funding that was critical for the projects to proceed.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby waive, pursuant to Section 82-587(c)(1) of the City Code, the
requirements of the City's Art in Public Places Ordinance, and the required appropriation
to the Art in Public Places fund, for the following General Obligation ("G.O.") Bond
Projects: Project No. 33, Street Tree Master Plan; Project No. 34, Neighborhood Above
Ground Improvement; Project No. 35, Flamingo Park Neighborhood; Project No. 37,
Sidewalk Improvement Program; Project No. 38, Street Pavement Program; Project No.
41, La Goree Neighborhood Improvements; Project No. 44, North Shore Neighborhood
Improvements; Project No. 52, LED Lighting in Parks; and Project No. 55, Street Lighting
Improvements; and further, finding such waiver to be in the best interest of the City.
PASSED A~D ADOPTED this __ day of ______ , 2019.
ATTEST:
Rafael E. Granado, City Clerk
Dan Gelber, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR 19<ECUTION
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