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HomeMy WebLinkAboutOrdinance 2017-511 ORDINANCE NO. 2017- 5-I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,AMENDING CHAPTER 104 OF THE CITY CODE ENTITLED "ART IN PUBLIC PLACES" TO CREATE A PUBLIC ARTS ADVISORY COMMITTEE TO REVIEW WORK OF ART FOR PUBLIC AND PRIVATE DEVELOPMENT PROJECTS; 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 "Works of Art in Public Places"; WHEREAS, the intent of Chapter 104 is to promote and encourage private 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; WHEREAS, Chapter 104 promotes the general welfare through balancing the community's physical growth with its artistic resources through private funding of works of art in public places; 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; WHEREAS, with the development of the CMP, the City wishes to develop a more formal vision for arts and culture within the City through the creation of a Public Arts Program; and WHEREAS, the City Commission wishes to create a new advisory committee entitled the"Public Arts Advisory Committee"to be codified in Chapter 104 of the City Code regarding "Works of Art in Public Places". 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 Section 2. Amendment to Chapter 104 of the City Code. Chapter 104 of the City Code is hereby amended to read as follows: § 104-2. —Definitions. For purposes of this chapter the following terms are hereby defined. Ordinance Amending Chapter 104—Art in Public Places 1 Words underlined are added,words stricken are deleted. PUBLIC ARTS ADVISORY COMMITTEE—A Committee consisting of individuals created by the City Commission by Resolution. The Committee shall consists 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. § 104-4.2. — Procedures for Reviewing Works of Art 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 subject to the requirements of 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 hearinghall take place at least ten (10) 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 is not prepared to proceed for review of the Work of Art prior to site plan approval, the developer/owner may 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 one hundred twenty (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 (10) 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 thirty (30) days of the recommendation unless the time period is extended by the City Commission. a Rules of Procedure. The Public Arts Advisory Committee shall be governed by the Rules of Procedure that govern the City Commission. Ordinance Amending Chapter 104—Art in Public Places 2 Words underlined are added,words stricken are deleted. § 104-4.23.—Standards for approval for placement of artwork. In reviewing and approving a work of art, 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 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 above. C. The artwork shall be a stand alone structure unless a different artwork is approved by the City or its consultant on a particular site. D. The private developer/owner shall pay fees for consultants hired by the City to determine compliance with this chapter. § 104-4.34. - Exceptions. In lieu of placement of an approved work of art as part of a development project,the applicant may pay into the trust fund established under the Arts in Public Place Ordinance in accordance with § 104-4.45 herein below. § 104-4.4-5. - Cost of works of art. A. All applicants that are subject to the provisions of this chapter shall be required to construct a work of art 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 work of art is constructed in conjunction with a development project. (2) In lieu of placement of an approved work of art, 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 to make a 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 work of art 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 Ordinance Amending Chapter 104—Art in Public Places 3 Words underlined are added,words stricken are deleted. equal to the difference between the program allocation and the costs of acquisition and installation of such artwork. C. Upon the filing of a site plan application or Pprior to approval of the site plan or after approval of site plan by the City Commission, the applicant private developer/owner shall submit an appraisal or other evidence of the value of the proposed work of art, including acquisition and installation costs. § 104-4.x: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 subject to the provisions of this chapter: A. The approved work of art 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 work of art. § 104-5. —Ownership and maintenance A. Ownership of all works 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 work of art, shall be required to submit to the City Commission a 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 works of art and whether all or part of the appropriations should be waived in accordance with § 104-3B hereinabove. B. Except for monuments, memorials or signs, to screen submissions and to select existing works of art or to determine whether to commission new works of art for the fulfillment of the requirements of this chapter. C. To recommend sites and conduct contests and competitions in order to select works of art to be recommended for particular sites as may be desirable to the City Commission. Ordinance Amending Chapter 104—Art in Public Places 4 Words underlined are added,words strislten are deleted. D. To oversee the maintenance and insurance necessary to preserve and protect acquisition. E. To participate in the planning of proposed works of art. F. To educate and stimulate participation by all citizens in a joint public/private effort to promote works of art in public places. G. To consider proposed donations of works of art 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 work of art for this program, the cost 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 works of art. In making its determination the following factors will be considered and other factors established by Resolution by the City Commission: A. Appropriateness of the building as a location for works of art. B. Physical layout of the building on the site. C. Recommendation by architect of the project. D. Exposure to the public, i.e., works of art 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 works of art. A. The following criteria and other criteria established by the City Commission shall be used for selecting and approving works of art: (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. Ordinance Amending Chapter 104—Art in Public Places 5 Words underlined are added,words stricken are deleted. (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 shall may also recommend one of the following means of obtaining the work(s) of art: • (1) Open entry competition. Through appropriate advertisement all professional 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 work(s) of art 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 work(s) of art. (4) Direct purchase of existing work(s) 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. 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 works of art in public places 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. Ordinance Amending Chapter 104—Art in Public Places 6 Words underlined are added,words stricken are deleted. Section 6. Effective Date. This Ordinance shall be applied retroactively, and will become effective ten (10) days after adoption at second reading. PASSED and ADOPTED on first reading the 0 say of O , 2017. PASSED and ADOPTED on second readin: this I • -day of O lhez2, 2017. George H. 'choll, Mayor ATTES Mauricio 1 -tancur;, MC, City Clerk APPROVED AS TO FORM AND LE • F IENCY: A. SMI 's •ttinot, ity Attorney Moved by: iCF' in- aOMkJ Second by: Ccc, ON (L Gam, VOTE: Mayor Scholl (yes) ✓ (no) Vice Mayor Goldman (yes)" (no) Commissioner Aelion (yes —_ (no) Commissioner Gatto (yes), (no) Commissioner Svechin (yes)I (no) Ordinance Amending Chapter 104—Art in Public Places 7 Words underlined are added,words stricken are deleted. City Commission SJr1NY Is� Cityof SunnyIsles Beach George"Bud"Scholl,Mayor F 18070 Collins Avenue, Suite 250 Dana Goldman,Vice Mayor L n 3 Isaac Action, Commissioner Sunny Isles Beach, Florida»160 Jeanette Gatto,Commissioner (305)947-0606 City Hall Larisa Svechin,Commissioner (305)949-3113 Fax \QP*F,P (305)947-2150 BuildingDepartment Christopher J.Russo City Manager 9F c17.)- • F L° 5 (305)947-5 107 Fax Hans Ottinot,City Attorney of suN r Mauricio Betancur,CMC, City Clerk • MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans •Ottinot, City Attorney ,�� DATE: October 19, 2017 RE: Ordinance amending Chapter 104 of the City Code of Ordinances RECOMMENDATION This Ordinance is recommended for approval. REASONS This Ordinance amends Chapter 104 of the City Code entitled "Art in Public Places" to provide the Public Arts Advisory Committee ("PAAC") with the authority to make recommendations to the City Commission for works of art in public and private projects. This Ordinance was requested by Mayor Scholl and the City's CMP Consultant, Lynn Dannheisser.