HomeMy WebLinkAboutOrdinance 2020-552 ORDINANCE NO. 2020 - SS
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AMENDING CHAPTER 104 OF THE CODE
ENTITLED "ART IN PUBLIC PLACES" TO PROVIDE CITY MANAGER
WITH INSTRUCTIONS REGARDING RETROACTIVE FUNDING OF THE
PUBLIC ART FUND FOR MUNICIPAL CONSTRUCTION PROJECTS AS
ORIGINALLY CONTEMPLATED; PROVIDING FOR A MORE DETAILED
EXPLANATION OF THE PUBLIC ART TRUST FUND; REQUIRING THE
CITY MANAGER AND THE PUBLIC ARTS ADVISORY COMMITTEE TO
RECOMMEND TO THE CITY COMMISSION A YEARLY BUDGET FOR
PUBLIC ART FUNDING; PROVIDING FOR REPEALER; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 104 of the Code of Ordinances of the City of Sunny Isles Beach pertains
to "Art in Public Places"; and
WHEREAS,the intent of Chapter 104 is to promote and encourage private and public funding
programs to further the development and public awareness of and interest in the arts and cultural
assets within the City of Sunny Isles Beach; and
WHEREAS, Chapter 104 promotes the general welfare through balancing the community's
physical growth with its artistic resources through public and private funding of works of art in
public places; and
WHEREAS, the City has developed a Cultural Master Plan ("CMP") that envisions the
installation of public art in public places to foster a greater sense of the City's identity; and
WHEREAS, with the development of the CMP, the appointment of the Public Arts Advisory
Committee, and the adoption of guiding elements and guidelines for public art, the City wishes to
also develop a more formalized vision for arts and culture within the City through the creation of a
Public Arts Program; and
WHEREAS, since 2005 the City was obligated to make payment into the Public Art Fund in
the amount of 1.5 %of the construction costs of new governmental buildings and it has not done so
and the City Manager requires instruction from the Commission on such funding; and
WHEREAS, Chapter 104 now requires funding for certain approved projects and the City
requires a line item in their annual budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH,FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part by this Ordinance upon
adoption hereof.
02019 Amend Chapter 104 Art in Public Places 1 of 11
Words added'underlined,words stfisken deleted
Section 2. Amendment to Chapter 104 of the City Code. Chapter 104 of the City Code is hereby
amended to read as follows:
§ 104-1.1. - Purpose.
The intent of this chapter is to promote and encourage private funding programs to further
the development and public awareness of and interest in the arts and cultural assets. It is the
purpose of this chapter to promote the general welfare through balancing the community's
physical growth and revitalization and its cultural and artistic resources through private
funding of works of art.
§ 104-2. - Definitions.
For purposes of this chapter the following terms are hereby defined:
ARCHITECTURAL ENHANCEMENT — The architectural embellishment of a building,
the placement of works of art in the interior or exterior spaces of the building, or special
landscape treatments such as parks,plazas or atriums. Architectural enhancement may be an
integral part of the building, situated within or outside the building, may be located in or near
government facilities which have already been constructed, or may be located in other public
places where numbers of people may experience them.
CITY COMMISSION—The City Commission of the City of Sunny Isles Beach.
CITY MANAGER—The City Manager of the City of Sunny Isles Beach.
COMMERCIAL CONSTRUCTION PROJECT — Includes developmental projects which
may involve more than one phase of construction constructed by any private developer or
owner.
CONSTRUCTION COSTS — Include architectural and engineering fees, site work and
contingency allowances. Acquisition costs, or costs associated with subsequent changes in
construction contracts are not included. All construction costs shall be calculated as of the
date the contract is executed.
MULTIFAMILY DEVELOPMENT PROJECT — Condominiums, apartment, and
apartment-hotel as defined in the City's Land Development Regulations.
MUNICIPAL CONSTRUCTION PROJECT—Any project to be paid for wholly or in part
by the City regardless of the source of monies to construct,remodel,or reconstruct any public
buildings, decorative or commemorative structures, parking facilities and parks or any
portions of any building structures, facilities, or parks belonging to the City within the
geographical boundaries as they now exist or shall exist in the future.
PUBLIC ARTS ADVISORY COMMITTEE — A Committee consisting of individuals
created by the City Commission by Resolution. The Committee shall consist of at least five
members. The Committee shall be responsible for making recommendations to the City
Commission for Works of Art required by this Chapter for public and private projects.
02019 Amend Chapter 104 Art in Public Places 2 of 11
Words added underlined,words stfisken deleted
PUBLIC PLACES — City-owned parks and buildings with high visibility and/or heavy
pedestrian traffic that are open to the public. Beach access easements are considered public
places under this chapter.
WORK OF ART—Any work of visual art that is an integral part of a structure, attached to
a structure or detached from the structure or outside of it. "Work of aArt" may also include
artist-made or -designed building parts, including but not limited to benches, or other
components that are structural or functional elements of a building, structure, park or other
facility. "Work of aArt" may also include an area or space specifically designed, constructed
and managed as a display area for other works of art. This definition does not apply to the
Art in Public Places Ordinance.
WORKS OF ART IN PUBLIC PLACES — Intangible creations by artists exhibiting the
highest quality of skill and aesthetic principles to be executed on an appropriate scale, and
for general public access in public places and to give diversion to public environment
including, but not limited to, painting, sculptures, stained glass, statutes, engravings,
carvings,frescoes,mobiles,fountains, monuments,murals,collages,tapestries,photographs,
bas-reliefs, designs and drawings, and architecturally designed public spaces and functional
elements, either as integral parts or of a larger project or as a separate entity.
§ 104-3. - Works of Art in Public Places Program and Fund established.
A. Program and fund.
(1) The City of Sunny Isles Beach hereby creates a Works of Art in Public Places Program
"Public Art Program" and Work of Art in Public Places Fund "Public Art Fund" which fund
shall be established by a separate account set up by the City to receive monies appropriated
for the Works of Art in Public Places Program as described herein and shall consist of the
following:
(a) 1'/2%of the construction costs of new governmental buildings,provided that no funds
may be appropriated for this purpose from the ad valorem tax operations fund.
However, with regard to funding of the Public Art Fund retroactively for such
municipal projects that were not funded at the time of construction since 2005,the City
may be permitted,on a one-time basis,to utilize surplus funds to satisfy this obligation.
All appropriations of City funding for future municipal construction projects shall
include an appropriation of funds to the Public Art Fund. The amount appropriated to
the Public Art Fund shall not be less than 1'/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 in excess of
$200,000.00 in the aggregate, at the time of appropriation of monies for the subject
changes in scope, the applicable funding allocation shall be transferred to the Public
Art Fund.
Unexpended monies in this fund may be used for wWorks of aArt at existing public
properties and facilities as deemed appropriate by the City Commission and program
administrative costs, including but not limited to research and evaluation pertaining to
02019 Amend Chapter 104 Art in Public Places 3 of 11
Words added underlined,words stc-ielten deleted
wWorks of aArt, insurance costs, or for the repair and maintenance of any wWorks of
aArt acquired under this section or to supplement other appropriations for the
acquisition of wWorks of aArt under this section or to place wWorks of aArt in, on or
near government facilities which have already been constructed.
(b) All funds donated to the City by private developers, owners or by others.
B. Waiver of requirements.The requirements of this subsection may be waived by resolution
of the City Commission when, and if, it appears to the City Commission that a construction
project covered hereunder is not appropriate for application of the above requirements, or if
the City shall have received a charitable donation of a wWork of aArt that would otherwise
fulfill the requirements of this chapter.
§ 104-3.1. - Applicability.
A. The provisions of this chapter shall apply to the following properties:
(1) All multifamily residential properties shall be subject to the provisions of this chapter.
(2) All commercial development within the City shall be subject to this chapter.
B. This chapter shall not apply to development projects that have received site plan approval
prior to the adoption of this section or to single-family homes.
§ 104-4. - Commercial construction participation.
A. Any private developer/owner who applies to the City for building permits to construct or
reconstruct a multifamily or commercial project shall be encouraged to commit 1% of
construction or reconstruction costs, up to, but not limited to, or the sum of$500,000.00,
whichever is less, to the Public Art Fund - - - - •• • - - - • ••, •• - • •-
B. Those private developers/owners constructing commercial projects to be accomplished in
phases need contribute only 1% of construction or reconstruction costs up to, but not limited
to $500,000.00 for the entire phase project.
C. If the private developer/owner constructing or reconstructing a commercial project does
not wish to have a wWork of aArt as defined herein, in conjunction with his/her project,
he/she may donate to the City an amount equal to the 1% of the construction costs of the
commercial project up to,but not limited to$500,000.00 as a voluntary donation to the Public
Art Fund.
D. Each building permit issued by the City to any such private developer/owner will include,
upon written request, data relative to the private developer/owner participating in the Works
of Art in Public Places Public Art Program in the City.
E. Any building permit for construction or reconstruction of the commercial project shall be
reported to the City Commission.
02019 Amend Chapter 104 Art in Public Places 4 of 11
Words added underlined,words str-isltei deleted
§ 104-4.1. —est Public Art Fund.
All fees collected under this chapter shall I- - .. • • •- - ' • • • ' - -
• .. - - . •. • - - - .. -, - • - - .. .
•
A. The City shall maintain a separate trust fund with an accounting of monies received for
the public art which shall consist of the following:
(1) Allocations received from eligible city capital improvement projects;
(2) Allocations received from private development, if any;
(3) All funds donated to the City for public art;
(4) Other funds allocated by the City through the budgetary process.
B. Public art monies shall be used solely for expenses associated with the selection,
commissioning, acquisition, installation, maintenance, administration, removal and
insurance of the Works of Art or public education or programming of the Public Art Program.
Such funds shall be administered by the Finance Director. Custody of the public art shall at
all times remain with the City,unless otherwise directed by the City Commission and all City
policies and procedures shall be strictly adhered to regarding the oversight of such funds.
C. Programming of public art and other art related expenditures shall be included in the
annual capital budget of the City as recommended by the Public Arts Advisory Committee
or as may otherwise be approved by the City Commission.
§ 104-4.2. - Procedures for reviewing wWork of aArt for multifamily and commercial
projects.
A. Prior to review of Work of Art required under this Chapter by the City Commission, the
Work of Art shall be reviewed by the Public Arts Advisory Committee at a public hearing.
B. Any private developer/owner . . - - - •- - : participating in the Public Art
Program pursuant to this Chapter may request by letter of intent a hearing before the Public
Arts Advisory Committee for review of the Work of Art prior to site plan approval of a
residential or commercial project. If a hearing is requested prior to site plan approval, the
public hearing shall take place at least ten days prior to a hearing on the site plan. The
developer may submit a letter of intent for the Work of Art and site plan application at the
same time.
C. If the private developer/owner participating in the Public Art Program is not prepared to
proceed for review of the Work of Art prior to site plan approval, the developer/owner may
02019 Amend Chapter 104 Art in Public Places 5 of 11
Words added underlined,words stfiekefi deleted
elect in writing a hearing after site plan approval but prior to issuance of Temporary
Certificate of Occupancy or Certificate of Occupancy. The hearing shall take place not less
than 120 days prior to issuance of Temporary Certificate of Occupancy or Certificate of
Occupancy, whichever comes first.
D. Public hearings before the Public Arts Advisory Committee shall be published in a
newspaper of general circulation at least ten days prior to the hearing. Notice in the
newspaper is not required for emergency meetings called by the Committee. However, the
Committee is required to provide notice in the same manner as the City Commission for
emergency meetings. Public hearings held under this Chapter shall not be construed as a
zoning hearing to review a site plan application filed by private developer/owner.
E. The Public Arts Advisory Committee or the City Commission may extend or modify any
time deadlines established in this Chapter.
F. All advisory recommendations made by the Public Arts Advisory Committee shall be
reviewed and approved by the City Commission within 30 days of the recommendation
unless the time period is extended by the City Commission.
G. Rules of Procedure. The Public Arts Advisory Committee shall be governed by the Rules
of Procedure that govern the City Commission.
§ 104-4.3. - Standards for approval for placement of artwork.
In reviewing and approving a wWork of aArt, the Public Arts Advisory Committee and City
Commission shall consider factors established by the City Commission by Resolution and
the following factors:
A. The artwork must be accessible and readily visible to the public based on location of the
artwork.
B. The participating private developer/owner shall submit to the City prior to or after site
plan approval documentation showing compliance with the monetary threshold set forth in§
104-4(A) above.
C. The artwork shall be a standalone structure unless a different artwork is approved by the
City or its consultant on a particular site.
D. The participating private developer/owner shall pay fees for consultants hired by the City
to determine compliance with this chapter.
§ 104-4.4. - Exceptions.
In lieu of placement of an approved wWork of aArt as part of a development project, the
applicant may pay into the tit Public Art fund established under the Arts in Public Place
Ordinance in accordance with § 104-3 hereinabove.
02019 Amend Chapter 104 Art in Public Places 6 of 11
Words added underlined,words stricken deleted
§ 104-4.5. —Cost of wWork of aArt.
A. All applicants that . - . .•- - -- - - •- : participate in the Public Art Program
pursuant to this chapter shall be required to construct a wWork of aArt on the basis of the
following cost allocations:
(1)For multifamily and commercial projects, one percent of estimated construction costs,not
exceeding the sum of$500,000.00, if wWork of aArt is constructed in conjunction with a
development project.
(2) In lieu of placement of an approved wWork of aArt,the applicant may pay into the Public
Art Trust Fund one percent of estimated construction costs of the development project, not
exceeding the sum of$500,000.00.
(3) If applicant is required opts to make a voluntary monetary contribution under this section,
the applicant shall be required to pay a ten percent nonrefundable deposit of the estimated
construction costs not to exceed the sum of$500,000.00, which shall be paid within three
working days of the date of City Commission approval of the application.
B. Nothing in this section shall prohibit the applicant from placing an approved wWork of
aArt with acquisition and installation costs in an amount less than the allocation set forth in
this section, provided that the applicant shall also pay to the trust fund an amount equal to
the difference between the program allocation and the costs of acquisition and installation of
such artwork.
C. Prior to approval of the site plan or after approval of site plan by the City Commission,
the private developer/owner shall submit an appraisal or other evidence of the value of the
proposed wWork of aArt, including acquisition and installation costs.
§ 104-4.6— Certificate of occupancy.
The following must be met prior to the issuance of a certificate of occupancy by the City for
a development project participating in the Public Art Program pursuant subjeet to the
provisions of this chapter:
A. The approved wWork of aArt has been constructed and installed in a manner satisfactory
to the City Manager of designee and consistent with the site plan approval; and
B. All art fees have been paid in lieu of placement of wWork of aArt prior to the issuance of
the Certificate of Occupancy.
§ 104-5. - Ownership and maintenance.
A. Ownership of all wWork of aArt acquired by the City shall be vested in the City.
B. Artists, as part of any contractual agreement with the City for provision of the wWork of
aArt, shall be required to submit to the City Commission a maintenance and inventory sheet
02019 Amend Chapter 104 Art in Public Places 7 of 11
Words added underlined,words stricken deleted
including annual cost projections which detail maintenance and continuing care of the work
of artists' defined within this chapter.
C. Any Work of Art approved under this Chapter shall be maintained in good condition by
the private developer/owner, its heirs, and successors.
D.Any Work of Art approved under this Chapter shall not be removed,replaced,or destroyed
without the approval of the Public Arts Advisory Committee and City Commission.
§ 104-6. - Powers and duties of City Commission.
The City Commission shall have the following powers and duties:
A. To determine whether a particular proposed construction project is an appropriate site for
wWork of aArt and whether all or part of the appropriations should be waived. in accordance
with § 104 3(B) hereinabove.
B. Except for monuments, memorials or signs, to screen submissions and to select existing
wWork of aArt or to determine whether to commission new wWork of aArt for the fulfillment
of the requirements of this chapter.
C. To recommend sites and conduct contests and competitions in order to select wWork of
aArt to be recommended for particular sites as may be desirable to the City Commission.
D. To oversee the maintenance and insurance necessary to preserve and protect acquisition.
E. To participate in the planning of proposed wWork of aArt.
F. To educate and stimulate participation by all citizens in a joint public/private effort to
promote wWork of aArt in public places.
G. To consider proposed donations of wWork of aArt for placement on public property in
the City.
H. To review recommendations from the Public Arts Advisory Committee.
§ 104-7. - Costs to be approved.
Unless and until the City Commission approves by passage of an appropriate resolution or
ordinance the acquisition of a wWork of aArt for this program, the costs of such acquisition
and all costs associated with it shall not be an obligation, liability, debt of any kind or nature
of the City.
§ 104-8. - Procedures for site selection of public arts project.
The Public Arts Advisory Committee and City Commission shall evaluate each proposed
City construction project to determine its suitability as to location for wWork of aArt. In
making its determination the following factors will be considered and other factors
established by Resolution by the City Commission:
02019 Amend Chapter 104 Art in Public Places 8 of 11
Words added underlined,words stricken deleted
A. Appropriateness of the building as a location for wWork of aArt.
B. Physical layout of the building on the site.
C. Recommendation by architect of the project.
D. Exposure to the public, i.e., wWork of aArt shall be located in areas where residents and
visitors live and congregate and shall be highly accessible and visible.
§ 104-9. - Criteria for selection and approval of wWork of aArt.
A. The following criteria and other criteria established by the City Commission shall be used
for selecting and approving wWork of aArt:
(1) Appropriateness to the site.
(2) Maintenance requirements.
(3) Quality of work.
(4) Likeliness that the artist can complete the work within the available funding.
(5) Compliance with the overall Master Plan of the City.
(6) Recommendation by architect of the project.
(7) Reflection of enduring artistic concepts rather than transitory ones.
B. When the Public Arts Advisory Committee and City Commission recommends a
particular City construction project or existing site as being appropriate for Works of Art in
Public Places, the Public Arts Advisory Committee and City Commission may also
recommend one of the following means of obtaining the wWork(s) of aArt:
(1) Open entry competition. Through appropriate advertisement all professional artists are
invited to enter into competition for a commission to create a wWork of aArt for the site. The
amount to be paid for the wWork(s) of aArt shall be determined by the City Commission.
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 professional artists are invited to compete
as set forth in Subsection B(1) of this section.
(3) Direct selection of the artist. A professional artist or several professional artists may be
selected to develop a proposal for the project or produce the desired wWork(s) of aArt.
(4) Direct purchase of existing wWork(s) of aArt. A completed wWork of aArt is purchased.
No more than ten percent of the costs of the wWork of aArt may go to a dealer or agent.
02019 Amend Chapter 104 Art in Public Places 9 of 11
Words added underlined,words stricken deleted
C. In the case of a limited competition or 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 City Commission 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 wWork(s) of aArt in pPublic pPlaces allocation for a project should be
paid in proposal fees to artists.
Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed.
Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be
affected by such invalidity.
Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny
Isles Beach Code; that the sections of this Ordinance may be renumbered or re-lettered to
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word, as required.
Section 6. Effective Date. This Ordinance shall be applied retroactively and will become
effective ten (10) days after adoption.
PASSED on first reading, this 1 rlday of December 2019.
PASSED and ADOPTED on second reading, thi a ay of January 2020.
Georg. H. Scholl, Mayor
AT
I ,jiif'.�.
{:
M�ri io :etan CMC, City Clerk
APPROVED AS TO FORM •
AND LEGAL SUFFICIENCY:
&/(4)44/
Edward A. Dion, City Attorney
02019 Amend Chapter 104 Art in Public Places 10 of 11
Words added underlined,words stiieken deleted
First ReadinglSecond Reading
\
Motion: J 11Mitq6e-- "E ^l Motion: V lt6 tJ
Second: GAVIA�toN vlsC P-- 09411Mket.Of`fe-
Second: "lc"°`
Vote on First Reading:
Mayor Scholl J (Yes) (No)
Vice Mayor Svechin —" (Yes) (No)
Commissioner Goldman / (Yes) (No)
Commissioner Lama I (Yes) (No)
Commissioner Viscarra / (Yes) (No) •
Vote on Second Reading:
Mayor Scholl / (Yes) (No)
Vice Mayor Svechin (Yes) (No)
Commissioner Goldman (Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Viscarra 1(Yes) (No)
02019 Amend Chapter 104 Art in Public Places 11 of 11
Words added underlined,words stricken deleted