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HomeMy WebLinkAboutLegislation-SUB Revision ATHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1208 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING', MORE SPECIFICALLY CREATING A NEW ARTICLE XVI ENTITLED "ART IN PUBLIC PLACES PROGRAM"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, various local governments throughout the State of Florida and the country have implemented public art programs committing to the placement of public art in urban environments; and WHEREAS, the City of Miami ("City") had the vision and foresight to adopt the first public art program in Miami -Dade County in 1967 and in 1988; but, due to changes in the City's Administration, the program went dormant; and WHEREAS, the City seeks to re-establish a public art program that would contribute to the aesthetic diversity and character of the built environment and the cultural enrichment of the community; and WHEREAS, a public art program would create a stimulating and diverse cultural environment that reflects, defines, and enhances the City's heritage, values, and visions for the future through art integrated into the architecture, infrastructure, and landscape; and WHEREAS, the City recognizes that the aesthetic diversity provided by art within the City's built environment is vital to the quality of the life of its citizens and to the economic success of its businesses as it attracts visitors and potential residents, fuels the local economy by creating job opportunities, and assists the City in fulfilling its mission to make the City a premier world class place in which to live, work, and raise a family; and WHEREAS, in Metromedia, Inc. v. San Diego, 453 U.S. 490 (1980), the United States Supreme Court held that land development regulations which require development to meet aesthetic conditions have been generally found to be supported by a legitimate public purpose; and WHEREAS, in Ehrlich v. City of Culver City, 911 P.2d 429 (Cal. 1996), the California Supreme Court held that an art fee on private development is a legitimate aesthetic regulation which does not require the same level of legal scrutiny as an impact fee; and WHEREAS, on February 10, 2016 and March 9, 2016, two (2) public workshops were held to discuss the proposed Art in Public Places legislation with the general public and interested parties; and WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March 16, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16- 019 by a vote of eight to zero (8-0), item no. 7, recommending approval of the amendment to City of Miami Page 1 of 16 File ID: 1208 (Revision: A) Printed On: 1/9/2017 1208-LEGISLATION-SUB Revision A THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1208 Enactment Number: Chapter 62 of the Code of the City of Miami, Florida, as amended ("City Code"), as set forth herein; and WHEREAS, the City Commission, after careful consideration of this matter, desires to amend Chapter 62 of the City Code by creating a new Article XVI of the City Code, entitled "Art in Public Places Program" ("Public Art Program") to create a cultural legacy for future generations through the curation and exhibition of high quality art that reflects a variety of artistic styles and a diversity of culture, beliefs, and thinking to chronicle and pay tribute to the City's history through the collection of artifacts, documents, and memorabilia, and to enhance the quality of life for its citizens through the placement of art, creation of artistic opportunities, and implementation of art programming; and WHEREAS, the requirements found in this Article are design standards based on the aesthetic needs of the City and its communities and are not intended to be construed as either an impact fee or a tax; and WHEREAS, public and private development projects shall contribute to a Public Art Program to enhance and maintain the City's aesthetic diversity and character; and WHEREAS, the Public Art Program, as set forth in this Ordinance, does not conflict with the laws and policies governing any development agreements and do not prevent development of the land uses, intensities, or densities in the development agreements; and WHEREAS, the Public Art Program as set forth in this Ordinance is essential to the public health, safety, and welfare; and WHEREAS, the provisions of this Ordinance shall apply to all Development Projects that are subject to a Development Agreement; and WHEREAS, the City Commission has reviewed this Ordinance at a duly noticed public hearing and determined that it is consistent with the Miami Comprehensive Neighborhood Plan; and WHEREAS, the City Commission hereby finds and declares that the adoption of this Ordinance is necessary, appropriate, and advances the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 62 of the City Code, entitled "Planning and Zoning", is further amended in the following particulars:1 "CHAPTER 62 PLANNING AND ZONING Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 16 File ID: €208 (Revision: A) Printed on: 1/9/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1208 Enactment Number: ARTICLE XVI. ART IN PUBLIC PLACES Sec. 62-654.Purpose and intent. Lel This Article shall be known, cited, and referred to as the "Public Art Program." It is the intent and purpose of the Public Art Program to promote the general welfare of the community by uniting citizens through shared cultural and artistic experiences; to enhance the aesthetic diversity of the City through Art integrated in architecture, infrastructure, and landscape; to chronicle the City's heritage through the collection and preservation of monuments, artifacts, objects, and documents; to create a cultural legacy for future generations through the curation and exhibition of high quality Art; and to develop educational and cultural programs that will further the intent and purpose of the Public Art Program. The requirements found in this Article are design standards based upon the aesthetic needs of the City and its communities and are not intended to be either an impact fee or a tax. 01 This Article shall constitute a land development regulation of the City and any amendment shall be subject to a review and recommendation of the Planning, Zoning Appeals Board ("PZAB") and the Art in Public Places Board established below. Lej All terms specified herein shall be as defined in the Miami 21 Code. Sec. 62-655. Art in Public Places Board. al Establishment. There is hereby established a board to be known as the City's Art in Public Places Board ("AIPPB"). The AIPPB shall consist of nine (9) voting members and two (2) alternate members whose membership, meetings, duties, and other responsibilities are described below. iLal Appointments; Qualifications. 1. No appointment shall be made by the City Commission to membership or alternate membership on the AIPPB until the City Clerk has given at least thirty (30) days' notice of the vacancies an the City's website and/or in a newspaper of general circulation in the City. The City Commission shall solicit and encourage the members of the public and professional and citizen organizations within the area having interest in and knowledge of the purpose and functions of the A1PPB to apply for appointment. At least five (5) days prior to the making of any appointment, the City Clerk shall publicly notice the list of names submitted and the names of candidates submitted by the City Commission, together with a short statement of the qualifications of each person, prepared and available for public inspection and consideration. No person shall be appointed to the AIPPB whose name and qualifications have not been made publicly available in the manner set out herein. In City of Miami Page 3 of 16 File ID: 1208 (Revision: A) Printed on: 1/9/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1208 Enactment Number: reaching a decision on an appointment, the City Commission shall give due consideration to the qualifications of the candidates. 2. Nomination and Appointment. Each City Commissioner shall appoint one (1) board member, the Mayor shall appoint ane (1) member, and the City Commission at -large shall appoint three (3) at large members and two (2) alternate members. Appointees shall be persons in a position to represent the public interest, and no person shall be appointed having personal or private interests likely to conflict with the public interest. No person shall be appointed who has any interest in the profits or emoluments of any contract, job, work, or service for the City or is otherwise not qualified pursuant to the provisions of Chapter 2 of the City Code. Before making any appointment, the City Commission shall confirm that the person to be appointed has filed the statement required by Section 2-615 of the City Code. 3. Terms of appointment. The terms of appointment shall be the latter of those terms provided in Section 2-885 of the City Code. 4. Qualifications. It is intended that members and alternate members of the AIPPB be persons of knowledge, experience, mature judgment, and background; having ability and desire to act in the public interest; and representing, insofar as may be possible, the various special professional training, a perience, and interests required to make informed and equitable decisions concerning development of an artistic, culturally enriching, and visually diverse physical environment. To that end, qualifications of members and alternate members shall be as follows: a. All members shall have an interest and knowledge of the visual and performing arts, and the artistic development of the City. b. Eight (8) board members must be knowledgeable and have a Bachelor's, Master's or Doctorate Degree from an accredited university or college in one of the following identified fields: fine arts, art education, museum curation, architecture, art history, architectural history, urban planning, urban design, landscape architecture, interior design, graphic or product design, music, real estate development, construction management, or finance. Additionally, the following shall apply to the same eight (8) members: Five (5) members shall be chosen from the following fields: fine arts, art education, museum curation, architecture, art history, architectural history, urban planning, urban design, landscape architecture, interior design, or graphic or product design; ii. One (1) member shall be a professional artist; and iii. Two g) members shall be from the following fields: finance, real estate development, and/or construction management. c. One (1) member and two (2) alternate members must have an interest in the visual and performing arts. Neither of these members is required to have a Bachelor's, Master's, or Doctorate Degree. One (1) alternate member shall be a representative of Miami -Dade County Public Schools. The Superintendent of Schools shall make a recommendation to the City Commission on the appointment of the alternate member. City of Miami Page 4 of 16 File ID: 1208 (Revision: A) Printer! on: 1/9/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1208 Enactment Number: 5. Vacancies. a Vacancies in the membership or alternate membership of the AIPPB shall be filled by the City Commission and Mayor by appointment, in the manner set forth herein and for the unexpired term of the member or alternate member affected. The City Commission may appoint an alternate member of the board to a vacancy as a full member of the board without resorting to the procedural requirements of Section 62-655(b)(1) so long as the alternate member meets the qualifications of Section 62-655(b)(4)(c). b. The Executive Secretary of the AIPPB shall notify the City Clerk within ten (10) days after a vacancy occurs, and the City Clerk shall promptly transmit such information to the City Commission for nomination and appointment in accordance with Section 62-655(b)(1). 6. Removal. a. Members and the alternate member of the board may be removed for cause by not less than three (3) affirmative votes of the City Commission. b. There is hereby established a point system. Each member and the alternate member of the AIPPB who arrives after the beginning of the first agenda item or leaves before the termination of the last agenda item, at a regularly scheduled meeting of the board, shall receive one (1) point. Any member of the board who accumulates more than seven (7) points in one (1) calendar year shall be brought to the attention of the City Commission for its consideration of removal of the member. c. Notwithstanding Section 62-655(b)(6)(b) above, any member or alternate member of the board who is absent, for whatever reason, from more than three (3) or more meetings in one (1) calendar year shall be brought to the attention of the City Commission for its consideration of removal of the member. L Functions, Powers and Duties. The AIPPB, with the assistance and recommendations of the Planning Department, Public Art Division, and all other City departments, as necessary, shall have the functions, duties, and powers as follows: 1. To recommend the Public Art Program Guidelines and amendments to the Public Art Program Guidelines thereto to the City Commission; 2. To recommend the Public Art Master Plan and amendments to the Public Art Master Plan thereto to the City Commission: 3. To hear appeals of decisions of the Wynwood Design Review Board (WDRB) related to the installation, dedication and donation of art on private development within the NRD-1. 4. To approve expenditures of the Public Art Fund as proposed by the City Manager or his/her designee; City of Miami Page 5 of 16 Pile ID: 1208 (Revision: A) Printed on: 1/9/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1208 Enactment Number: 5. To approve, approve with conditions, or deny proposed installations, dedications, or donations of Art, based on the Public Art Program Guidelines and the Public Art Master Plan; and 6. To act on any other Art in Public Places related matter as assigned by the City Commission. 7. Notwithstanding City Code Section 18-115, the AIPPB shall have the authority to accept donations of art in excess of $25,000.00 in accordance with this Article. Proceedings of the Art in Public Places Board ("AIPPB"). 1. Officers and voting. The AIPPB shall select a chairperson and a vice -chairperson for one (1) year terms from among its members and may create and fill such other offices as it may determine. The Planning Director or his/her designee shall attend all meetings of the board. The Office of Hearing Boards, or its successor, shall be the Executive Secretary of the AIPPB. 2. Rules of procedure. The AIPPB shall establish rules of procedure necessary for its governing and the conduct of its affairs, in keeping with the applicable provisions of Florida law, the City Charter, the City Code, and all applicable resolutions. Such rules of procedure shall be available in written form to persons appearing before the AIPPB and to the public upon request and should be on file with the City Clerk. For any quasi-judicial procedures, the provisions established in the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"). 3. Meetings. The AIPPB shall hold at least one (1) regularly scheduled meeting each month, except the month of August. Other meetings maybe set by the AIPPB, and additional meetings may be held at the call of the chairperson and at such other times as the AIPPB may determine. Meetings that are not regularly scheduled shall not be held without at least ten (10) days' written notice. If the agenda for a regularly scheduled meeting does not contain any items which require action by the AIPPB, the Executive Secretary for the AIPPB may cancel the meeting. 4. Quorum; public records. A majority of the members shall constitute a quorum. The Office of Hearing Boards shall keep minutes of board proceedings, showing the vote of each member or alternate member, if sitting for a member, or if absent or failing to vote under Section 62-655(d)(5) below, indicating such fact. It shall be the responsibility of the Office of Hearing Boards to handle all procedural activities for all public hearings held by the board, including the preparation of detailed minutes and official records of such hearings. The official records of such public hearings shall be filed with the City Clerk. 5. Disqualification of members or alternate. The AIPPB members shall comply with Florida Statutes Chapter 112, City Code Chapter 2, Article V, and the Miami - Dade County Code of Ethics. 6. All City departments and employees shall, under the direction of the City Manager, and upon request and within a reasonable time, furnish to the Public City of Miami Page 6 of 16 File r0: 1208 (Revision: A) Printed on: 1/9/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1208 Enactment Number: Art Division such available records or information as may be required of the AIPPB. The City Manager shall assign a member of the Public Works Department, Planning and Zoning Department, Capital Improvements Transportation Office, Parks and Recreation Department and Fire -Rescue Department, or their successors, to attend public hearings of the AIPPB and to advise the AIPPB when necessary, and to furnish information, reports, and recommendations upon request of the AIPPB. 7. The City Attorney, or his/her designee, shall act as counsel and provide legal services to the AIPPB, 8. The alternate member shall only vote in the event of a vacancy or absence of a regular member. Sec. 62-656. City Commission. The City Commission, in addition to its duties and obligations under the City Charter, the City Code, and other applicable laws, shall have the following duties specifically in regard to the Miami 21 Code and Chapter 62 of the City Code: To appoint members to the AIPPB, as set forth in this Article` To approve the Public Art Program Guidelines and amendments to the Public Art Program Guidelines upon recommendation of the AIPPB; To approve the Public Art Master Plan and amendments to the Public Art Master Plan upon recommendation of the AIPPB; and fit To hear appeals of decisions of the AIPPB related to installation, dedication, and donation of Art. Sec. 62-657. Conflicts of Interest. No member of the AIPPB shall have his/her work of Art considered or approved by the AIPPB during his/her term of service on the AIPPB or for one (1 ) year thereafter. Sec. 62-658. Selections of works of Art. The AIPPB shall establish procedures and criteria for the commissioning, selection, and acquisition of Art to be acquired using the resources available within the Public Art Fund, and in accordance with the criteria and standards set forth in the adopted Public Art Master Plan and the Public Art Program Guidelines. The City Manager, or his/her designee, may only acquire each piece of Art upon affirmative vote of the majority of the AIPPB. The City Manager, or his/her designee, will negotiate and execute appropriate contracts, in a form acceptable to the City Attorney, to acquire, insure, and maintain the Art using available resources within the Public Art Fund. fa) Selection Process. The AIPPB shall establish procedures for selecting Art Works to be purchased from the resources of the City's "Public Arts Fund." Those procedures can include the following: City of Miami Page 7 of 16 File ID: 1208 (Revision: A) Printed on: 119/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1208 Enactment Number: (1) Open competition; (2) Limited competition; (3) Invitation; (4) Direct purchase; (5) Donation; or (6) Any combination of the above. ,(121 Selection criteria. In the selection process, the AIPPB shall consider the following: al Permanent and temporary works of Art shall be located in areas where residents and visitors live and congregate and shall be Publicly Accessible and/or visible from public property or right-of-way (maximum visual accessibility to pedestrian or vehicular traffic); ,�21 Location in areas used by tourists, including the waterfront, parks, thoroughfares, and at public or governmental facilities shall be preferred; The inherently intrusive nature of public Art on the lives of those frequenting a public place. Artworks reflecting enduring artistic concepts, not transitory ones, should be sought{ (4) The cultural and ethnic diversity of the City and South Florida without deviation from a standard of excellence, The appropriateness to the site, permanence of the work in li ht of environmental conditions at the site, maintenance requirements, quality of the work, likelihood that the artist can successfully complete the work within the available funding, diversity of works already acquired by the City, and diversity of the artists whose work has been acquired by the City; Whether the artwork too closely resembles a business logo or sign, has any commercial message or purpose, contains adult content, as defined in the Miami 21 Code, and should, therefore, be rejected; (7), Any other criteria set forth in the Public Art Program Guidelines as amended from time to time; Exhibition and sales history of the artist, as well as works of Art in public collections and previous public Art purchases or commissions; j The maintenance and insurance expense of the Art; (10) The public health, safety, and welfare: (11) The ability to safely secure the Art against high wind, inclement weather, or other Acts of God; and (12) Whether the Art may be reasonably maintained to last for a minimum Life Cycle of twenty-five (25) years. City of Miami Page 8 of 16 File ID: 1208 (Revision: A) Printed on: 1/9/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1208 Enactment Number: Sec. 62-659. Application procedures and approval for placement of Art on private property in lieu of Public Art Fee; Application procedures and approval for donations of Art in lieu of a fee. All applications except as identified in Section 11.6 of Miami 21, shall be reviewed for compliance with the criteria set forth in Section 62-658(b) and in accordance with the following requirements: fal A complete application for placement of Art on private property in lieu of a Public Art Fee shall include: 1. Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed Art; 2. An appraisal or other evidence of the value of the proposed Art including acquisition and installation costs. To establish the value of Art submitted to comply with this programs requirements, the City may contract with an independent Art appraiser to provide a written appraisal of the Art. Such appraisal shall either be funded from the Public Art Fund or by the Developer, in which case the cost of obtaining the appraisal shall be construed as part of the overall value of the Art.,. 3. Preliminary plans containing such detailed information as may be required by the City to adequately evaluate the location of the Art and its compatibility with the proposed Development Project and/or with the character of adjacent developed parcels and the existing neighborhood; 4. An executed and notarized agreement by the artist who created the Art, in which he/she expressly waives all rights that may be waived under applicable state and federal laws. The artist shall grant to the City an unlimited, perpetual, royalty -free, irrevocable license to reproduce and distribute two- dimensional reproductions of the Art for City -related purposes, and grant to the City exclusive, irrevocable ownership rights to any trademark, service mark, or trade dress rights regarding the Art pursuant to a license that shall be approved by the City Attorney. Approval of the Art shall be deemed as permission granted by the artist authorizing third parties to review and reproduce documents provided by the artist to the City which are public records pursuant to Florida Statutes. The City shall also have the option of referring to the name of the artist and title of the Art in reproductions; and 5. A covenant running with the land shall be recorded including the following: a. Designating a specific location on the property where the Art will be displayed which is easily accessible or clearly visible to the general Public from adjacent Public property including, but not limited to, a street, right-of-way, sidewalk, or other Public Thoroughfare;. b. Requiring the perpetual maintenance and insurance of the Art in substantial conformity and compliance with the Public Art Master Plan and the Public Art Program Guidelines by the Developer or his/her successor or assignee; and City of Miami Page 9 of 16 File ID: 1208 (Revision: A) Printed on: 1/912017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1208 Enactment Number: c. Indemnifying the City for any injury to persons or property caused by the placement and/or maintenance of the Art. all Review of Applications submitted for Art on private property in lieu of Public Art Fee. 1. Completed applications will be accepted with the required application fee, as stated in the Public Art Master Plan. Applications and the appropriate fees shall be submitted to the Public Art Division, which shall review applications and make a recommendation to the AIPPB of the proposed Art. Said recommendation shall take into consideration the Art's conformity to the definition of "Art" as defined in Article 1 of the Miami 21 Code, all criteria of the adopted Public Art Master Plan, and the Public Art Program Guidelines. 2. If the application is approved by the AIPPB at a duly noticed public hearing in accordance with the adopted Public Art Master Plan and the Public Art Program Guidelines, the developer, or his/her successor or assignee, shall have up to eight (8) months after the issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy, whichever is issued first, to install the Art. At the cost of the developer, or his/her successor or assignee, he/she may apply for an extension of time and make such request at a public hearing in front of the AIPPB. The AIPPB may grant a one (1) time, four (4) month to six (6) month extension with a showing of good cause by the developer or his/her successor or assignee. The AIPPB has the sole discretion to determine what constitutes a showing of good cause. If no installation of Art occurs within the required time period, all financial security deposited into the developer's escrow account, shall be transferred to the Public Art Fund. If, after review of the application for the proposed Art in lieu of Public Art Fee, the application is denied by the AIPPB, the Developer may appeal, with the appropriate appeal fee, to the City Commission pursuant to Chapter 62-23(a) of the City Code. ic) A complete application for donation of Art in lieu of a Public Art Fee with the required application fee, as stated in Chapter 62 of the City Code shall include: 1. Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed Art; 2. An appraisal or other evidence of the value of the proposed Art, including acquisition and installation costs. To establish the value of Art submitted to comply with this program's requirements, the City may contract with an independent Art appraiser to provide a written appraisal of the Art. Such appraisal shall either be funded from the Public Art Fund or by the Developer, in which case the cost of obtaining the appraisal shall be construed as part of the overall value of the Art; and 3. An executed and notarized agreement by the artist who created the Art, in which he/she expressly waives all rights and claims to the Art under applicable State and Federals laws. The City shall have all rights to reproduce and distribute two-dimensional reproductions of, and shall have all rights to any trademark, service mark, or trade dress rights regarding the Art. Approval of the Art shall be deemed as permission granted by the artist authorizing third parties to review and reproduce documents provided by the City of Miami Page 10 of 16 File ID: 1208 (Revision: A) Printed on: 1/9/2011 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1208 Enactment Number: artist to the City which are public records pursuant to Florida Statutes. The City shall also have the option of referring to the name of the artist and title of the Art in reproductions. (d) Review of Applications submitted for donation of Art in lieu of Public Art Fee. 1. Completed applications with the required application fee, as stated in Chapter 62 of the City Code, shall be submitted to the Public Art Division, who shall review them and make a recommendation to the AIPPB based on the following considerations: a. The Art's conformity to the definition of "Art" as defined in Article 1 of the Miami 21 Code, b. All criteria of this Article c. The adopted Public Art Master Plan; and d. The Public Art Program Guidelines. 2. If the application is approved by the AIPPB at a duly noticed public hearing in accordance with the adopted Public Art Master Plan and the Public Art Program Guidelines, the Developer, or his/her successor or assignee, shall have up to eight (8) months' time after the issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy, whichever is issued first, to deliver the Art to the City. At the cost of the Developer, or his/her successor or assignee, he/she may apply for an extension of time and make such request at a public hearing in front of the AIPPB. The AIPPB may grant a one (1) time, four (4) month extension upon a showing of good cause by the Developer or his/her successor or assignee. The AIPPB has the sole discretion to determine what constitutes a showing of good cause. If no delivery and acceptance of Art occurs within the required time period, all financial security deposited into the Developer's escrow account shall be transferred to the Public Art Fund. If, after review of the application for donation of Art in lieu of Public Art Fee, the application is denied by the AIPPB, the Developer may appeal, with the appropriate appeal fee, to the City Commission pursuant to Chapter 62-23(a) of the City Code. Sec. 62-660. Art placed on private property and Donations of Art in lieu of a Public Art Fee. Except as referenced in Section 11.6 and other relevant Sections in Article 11 of Miami 21, any Art that is placed on private property in lieu of a Public Art Fee must qualify as Art as defined under Article 1, Section 1.5 of the Miami 21 Code, and must be reviewed by the Public Art Division, and approved by the AIPPB in accordance with the Public Art Master Plan and the Public Art Program Guidelines. Art that is placed on private property shall be maintained at all times in substantial conformity and compliance with the Public Art Master Plan and the Public Art Program Guidelines by the Developer or his/her successor or assignee, and the terms of the approval and acceptance of such Art lies with the AIPPB. Art placed on private property shall be easily accessible or clearly visible to the general public from adjacent public property including but not limited to a public right-of-way and/or abutting public property or other Public Thoroughfare, or cross Rook pedestrian or vehicular passage or pedestrian Paseo. Sec. 62-661. Creation of Public Art Fund. City of Miami Page 11 of 16 File ID: 1208 (Revision: A) Printed on: 1/9/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1208 Enactment Number: There is hereby created within the City a trust fund to be known as the City of Miami Public Art Fund. This Fund shall be maintained by the City and shall be used for the acquisition, installation, improvement, maintenance, and insurance of Art, arts education programming, grants, and administrative costs of the Public Art Program as follows: All monies received by the City pursuant to the requirements of the Public Art Program or from endowments, gifts, or donations to the City designated for public Art shall be placed in the Public Art Fund. All monies within the Public Art Fund shall be deposited, invested, expended, and accounted for as follows: (1 1 All monies received shall be deposited into the Public Art Fund and shall not be commingled with non-public Art related revenues of the City. All monies within the Public Art Fund shall be expended solely for the purpose and intent of the Public Art Program. Any interest income earned by the Public Art Fund shall be expended or invested only for the purpose for which the money was originally accepted, collected, or received. �21 The Fund shall be used for expenses associated with the selection, commissioning, acquisition, transportation, maintenance, repair, restoration, rehabilitation, appraisal, removal, insurance of Art, development of education programming, community outreach or advocacy with an emphasis in the visual and performing arts, grants, and administrative costs for the Public Art Program. Once monies intended for the purpose of satisfying this Article are deposited into the Public Art Fund, the monies from separate, different Development Protects may be comingled. Monies within the Public Art Fund can be dispersed, expended, invested, or granted in accordance with this Article. Di Ten percent (10%) of the fees collected annually shall be allocated towards the restoration or rehabilitation of either publicly or privately owned Historic Resources that are individually designated or contributing structures within a locally designated historic district or towards public improvements within a historic district as identified in the Public Art Master Plan. Fees allocated but not expended within a fiscal year shall be rolled over to the next fiscal year and allocated for the same purposes. Privately owned Historic Resources shall be allocated monies from the Public Art Fund through a grant application process as described in the Public Art Master Plan. The Public Art Division will review all grant applications in consultation with the Historic Preservation Office and the Historic and Environmental Preservation Board. The Public Art Division and the Historic Preservation Office in consultation with the Historic and Environmental Preservation Board shall have the discretion to recommend to the AIPPB for final decision and expenditure of funds. Restoration or rehabilitation shall be in accordance with Chapter 23 and subject to the approval of a Certificate of Appropriateness by the Historic and Environmental Preservation Board. Five percent (5%) of the fees collected annually shall be allocated towards cultural, education, community outreach or advocacy purposes and may include social practice art, all designed to promote the visual and performing arts such as but not limited to youth based programming involving the City's Arts and Entertainment Council, public academic institutions or non-profit City of Miami Page 12 of 16 File ID: 1208 (Revision: A) Printed on: 1/9/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1208 Enactment Number: organizations. Fees allocated but not expended within a fiscal year shall be rolled over to the next fiscal year and allocated for the same purposes. The City's Arts and Entertainment Council, public academic institutions or non- profit organizations shall be allocated monies from the Fund through a grant application process as described in the Public Art Master Plan. The Public Art Division will review all grant applications and shall have the discretion to recommend approval or denial of grant applications to the AIPPB for expenditure of funds in accordance with the Program Guidelines. 01 Fifteen percent (15%) of the fees collected annually shall be allocated towards operating and administrative costs associated with the Public Art Program, including but not limited to, staffing, marketing, programming, training, and outside consulting. Training shall be directly related to the implementation of this Article and Article 11 of the Miami 21 Code. Fees allocated but not expended within a fiscal year shall be rolled over to the next fiscal year and allocated for the same purposes. The City Manager or his/her designee shall have the authority to allocate and expend funds in accordance with this subsection (5). Lej Seventy percent (70%) of the fees collected annually shall be allocated towards the commissioning, selection, acquisition, display, maintenance, repair, restoration, rehabilitation, insurance of City -owned Art, transportation, installation, removal, appraisal, collection and exhibition of high -quality Art in accordance with the Public Art Master Plan and the Public Art Program Guidelines. Fees allocated but not expended within a fiscal year shall be rolled over to the next fiscal year and allocated for the same purposes. For all expenditures in excess of $25,000.00 pursuant to this subsection (6), the City Manager or his/her designee shall be the applicant to the AIPPB in accordance with this Article. a) If tangible property purchased with monies from the Fund is subsequently sold, the proceeds from the sale shall be returned to the Fund. All funds shall be expended for public and municipal purposes in accordance with the terms of this Article and Article 11 of the Miami 21 Code. Sec. 62-662. Ownership and maintenance of artwork placed on site. (a), Ownership of all Art acquired by the Citypursuant to the requirements of this Article shall be vested in the City, which shall retain title to each work of Art. Ell Ownership of all Art donated to the City pursuant to the requirements of this Article shall be donated and titled to the City upon approval of the AIPPB. fpl Ownership of all Art incorporated into private Development Projects shall be vested in the property owner who shall retain title to the Art. Property owners retaining title to the subject Art shall provide proof of insurance in the amount of the appraised value of the Art. The property owner shall execute a covenant running with the land, which shall be recorded as provided herein, requiring the property owner and all successors in interest to maintain the Art under the provisions of the Public Art Master Plan and the Public Art Program Guidelines, insure the Art, and prevent its removal from the property or its destruction. City of Miami Page 13 of 16 File 10: 1208 (Revision: A) Printed on: 1/912017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1208 Enactment Number: L.11 Art that was placed on the site of a Development Project with the approval of the AIPPB in lieu of a Public Art Fee, shall not be altered, modified, relocated, removed, or destroyed without the prior approval of the AIPPB. The responsibility and obligation to provide all maintenance necessary to preserve and maintain the Art on privately owned property so that its Life Cycle is at least twenty-five (25) years shall remain with the Development Project site owner or the owner's successors or assignees. The responsibility and obligation to maintain the artwork shall be enforced as follows: j Prior to the placement of the artwork on a Development Project, the site owner shall record a covenant running with the land describing the Art in full detail along with acknowledging the responsibility and obligation of the Development Project site owner and his/her future successor and/or assignee to repair, restore, insure, and maintain the Art. The covenant shall run with the land for a minimum of twenty-five 125) years, and shall act as notice to future property owners of the site of the responsibility and obligation to repair, restore, insure, and maintain the Art and of certain limitations related to any federal, state or local laws governing the rights of the artist including, but not limited to, rights regarding the sale, alteration, modification, destruction, removal, and/or relocation of the Art. The covenant shall be approved by the Director of Planning, or his/her designee, in a form acceptable to the City Attorney. The Art shall not be altered, modified, relocated, removed, sold, or destroyed without the prior approval of the AIPPB. 21 Maintenance of the Art shall include, but is not limited to, preserving the Art in a condition as required by the Public Art Division; protecting, securing, insuring, and maintaining the Art against physical defacement, vandalism, mutilation, alteration, natural elements such as fire and wind, and theft; and maintaining an extended insurance policy in the amount of the appraised value of the Art as determined by the City and the Public Art Division in consultation with an independent appraiser. Maintenance requirements shall be enforceable by the City for the "Life Cycle" of the Art pursuant to the covenant running with the land required by this Article. If, at any time, the City's Public Art Division and/or the AIPPB determines that the Art has not been maintained or preserved in a state and appearance substantially conforming to the state and appearance in which the Art was originally approved by the AIPPB, the Code Compliance Department of the City shall issue a notice of violation requiring the current property owner to either: a Repair, restore, or rehabilitate the Art within thirty (30) days;_ b. Pay the costs estimated by the City required to repair, restore, or rehabilitate the Art and/or secure and maintain insurance for the Art in an amount determined by the Public Art Division in consultation with an independent Art appraiser; or c. Pay the Public Art Fee required under this Article and the Miami 21 Code, based upon the current fee schedule and the current fair market value of the building, structure or improvement for which the artwork was required, as determined by the Miami -Dade County Property Appraiser, within thirty (30) days. City of Miami Page 14 of 16 File ID: 1208 (Revision: A) Printed on: 11912011 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1208 Enactment Number: fLt Violations of this Article or Article 11 of the Miami 21 Code shall be subject to enforcement as set forth in Chapter 2, Article X of the City Code, entitled "Code Enforcement" and any other remedies available at law. (5) Nothing in this Article shall prohibit the City from taking any and all actions to require compliance with this Ordinance, maintain the Art, and protect the public health, safety, and welfare of the public. Stolen or illegally removed Art, or Art that is deemed destroyed by the Public Art Division in consultation with an independent Art appraiser, must be either: Replaced by the property owner within one hundred twenty (120) days. Replaced Art shall be reviewed and approved by the AIPPB subject to the criteria set forth in this Article: or al The Public Art Fee required under this Article and the Miami 21 Code, based upon the current fee schedule and the current fair market value of the building, structure or improvement for which the Art was required, as determined by an appraiser, must be paid within thirty (30) days. Section 3. This Ordinance shall not apply to any Development Projects that have a valid and effective Waiver, Warrant, Class II, Variance, Exception, Certificate of Appropriateness, Major Use Special Permit, Development Agreement, or Special Area Plan permit on the effective date of this Ordinance and that obtain a master building permit within twenty-four (24) months of the Effective Date of this Ordinance, If a decision on a Waiver, Warrant, Class Il, Variance, Exception, Certificate of Appropriateness, Major Use Special Permit, Development Agreement, or Special Area Plan permit has been timely appealed on the effective date of this ordinance to the PZAS, the City Commission, or a court of competent jurisdiction, the twenty- four (24) month period to obtain a master building permit shall begin to run on the date of a final order on the appeal to the highest court of competent jurisdiction, or the issuance of the permit, whichever is later. This Ordinance shall not apply to any Development Projects that have been deemed to have a complete application by the Director of the Department of Planning and Zoning as defined by the application checklist included as an exhibit to this Ordinance, as of the effective date of this Ordinance and that does not remain inactive for a period not to exceed three (3) months, and has not been substantially modified from its initial submittal, unless at the request of or proposal of the Planning and Zoning Department. Substantial modifications shall mean a material change such as but not limited to, Height, FLR/Lot Coverage, number of floors and or dwelling units, decreases in setbacks, open space, uses and parking spaces. If substantially modified, the Ordinance shall apply to the entire project. Section 4. All rights, actions, proceedings of the City, including the City Commissioners, the City Manager, or any of its departments, boards, or officers undertaken pursuant to the existing Code provisions, shall be enforced, continued, or completed, in all respects, as though begun or executed hereunder. Section 5. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. City of Miami Page 15 of 16 File fU: 1208 (Revision: A) Printed on: 1/912011 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1208 Enactment Number: Section 6. This Ordinance shall become effective immediately after final reading and adoption thereof.2 APPROVED AS TO FORM AN❑ CORRECTNESS: 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 16 of 16 File ID: 1208 (Revision: A) Printed on: 1/9/2017 City of Miami Legislation Ordinance File Number: 1208 SUBSTITUTED City Hall 3500 Pan American Drive Miami. FL 33133 www.niiarnigov.com Final Action AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF T ' E CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING A PLANNING", MORE SPECIFICALLY CREATING A NEW ARTICLE XVI ENTITLED ART IN PUBLIC PLACES PROGRAM"; CONTAINING A SEVERABILITY CLAUSE, A PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ate: WHEREAS, various local governments throughout the State of Flo ri• and the country have implemented public art programs committing to the placement of pus c art in urban environments; and WHEREAS, the City of Miami ("City") had the vision and fore, ght to adopt the first public art program in Miami -Dade County in 1967 and in 1988; but, due changes in the City's Administration, the program went dormant; and WHEREAS, the City seeks to re-establish a public a r program that would contribute to the aesthetic diversity and character of the built environm= t and the cultural enrichment of the community; and WHEREAS, a public art program would crea a stimulating and diverse cultural environment that reflects, defines, and enhances e City's heritage, values, and visions for the future through art integrated into the architectur_, infrastructure, and landscape; and WHEREAS, the City recognizes that e aesthetic diversity provided by art within the City's built environment is vital to the qual ' of the life of its citizens and to the economic success of its businesses as it attracts v.itors and potential residents, fuels the local economy by creating job opportunities, and ass . s the City in fulfilling its mission to make the City a premier world class place in which t► live, work, and raise a family; and WHEREAS, in Metrome Supreme Court held that land aesthetic conditions have b and a, Inc. v. San Diego, 453 U.S. 490 (1980), the United States evelopment regulations which require development to meet n generally found to be supported by a legitimate public purpose; WHEREAS, in hrlich v. City of Culver City, 911 P.2d 429 (Cal. 1996), the California Supreme Court he's hat an art fee on private development is a legitimate aesthetic regulation which does not reire the same level of legal scrutiny as an impact fee; and WHE AS, on February 10, 2016 and March 9, 2016, two (2) public workshops were held to disc s the proposed Art in Public Places legislation with the general public and interestes .arties; and WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on Mar' 16, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16- 0 ' by a vote of eight to zero (8-0), item no. 7, recommending approval of the amendment to hapter 62 of the Code of the City of Miami, Florida, as amended ("City Code"), as set forth herein; and SUBSTITUTED WHEREAS, the City Commission, after careful consideration of this matter, desires to amend Chapter 62 of the City Code by creating a new Article XVI of the City Code, entitled "Art in Public Places Program" ("Public Art Program") to create a cultural legacy for future generations through the curation and exhibition of high quality art that reflects a variety of artistic styles and a diversity of culture, beliefs, and thinking to chronicle and pay tribute to the City's history through the collection of artifacts, documents, and memorabilia, and to enhance the quality of life for its citizens through the placement of art, creation of artistic opportunities, an implementation of art programming; and WHEREAS, the requirements found in this Article are design standards based aesthetic needs of the City and its communities and are not intended to be construe an impact fee or a tax; and the s either WHEREAS, public and private development projects shall contribute to Public Art Program to enhance and maintain the City's aesthetic diversity and characte and WHEREAS, the Public Art Program, as set forth in this Ordinanc does not conflict with the laws and policies governing any development agreements and do •t prevent development of the land uses, intensities, or densities in the development agreem ts; and WHEREAS, the Public Art Program as set forth in this Or• ance is essential to the public health, safety, and welfare; and WHEREAS, the provisions of this Ordinance shall -'•ply to all Development Projects that are subject to a Development Agreement and WHEREAS, the City Commission has review hearing and determined that it is consistent with th and WHEREAS, the City Commission her Ordinance is necessary, appropriate, and NOW, THEREFORE, BE IT 0 MIAMI, FLORIDA: this Ordinance at a duly noticed public iami Comprehensive Neighborhood Plan; y finds and declares that the adoption of this vances the public interest; AINED BY THE COMMISSION OF THE CITY OF Section 1. The recitals a : findings contained in the Preamble to this Ordinance are adopted by reference and into orated as if fully set forth in this Section. Section 2. Chapter amended in the followin 2 of the City Code, entitled "Planning and Zoning", is further articulars:1 "CHAPTER 62 PLANNING AND ZONING ARTICLE XVI. ART IN PUBLIC PLACES Sec .:2-654.Pur•ose and intent. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. SUBSTITUTED Laj This Article shall be known, cited. and referred to as the "Public Art Program." It is the intent and purpose of the Public Art Program to promote the general welfare of the community by uniting citizens through shared cultural and artistic experiences; to enhance the aesthetic diversity of the City through Art integrated in architecture, infrastructure, and landscape; to chronicle the City's heritage through the collection and preservation of monuments, artifacts, objects, and documents; to create a cultural legy for future generations through the duration and exhibition of high quality Art; and to develop educational and cultural programs that will further the intent and purpose •f the Public Art Program. The requirements found in this Article are design standards based upon th- esthetic needs of the City and its communities and are not intended to be either a ' impact fee or a tax. This Article shall constitute a land development regulation of the Ci and any amendment shall be subject to a review and recommendation of e Planning, Zoning Appeals Board ("PZAB") and the Art in Public Places Board es •fished below. (e) All terms specified herein shall be as defined in the Miami Code. Sec. 62-655. Art in Public Places Board. j Establishment. There is hereby established a board to be known the City's Art in Public Places Board ("AIPPB"). The AIPPB shall consist of nine (9) v ing members and two (2) alternate members whose membership, meetings, duti= . and other responsibilities are described below. Appointments; Qualifications. 1. No appointment shall be m.•e by the City Commission to membership or alternate membership on the AlPP until the City Clerk has given at least thirty (30) days' notice of the vacancies the City's website and/or in a newspaper of general circulation in the City. he City Commission shall solicit and encourage the members of the public and pr► essional and citizen organizations within the area having interest in and kn► ledge of the purpose and functions of the AIPPB to apply for appointment. east five (5) days prior to the making of any appointment, the City Clerk shall p . icly notice the list of names submitted and the names of candidates submitted . the City Commission, together with a short statement of the gualiflcat •ns of each person, prepared and available for public inspection and consid= ation. No person shall be appointed to the AIPPB whose name and quali ations have not been made publicly available in the manner set out herein. In reinq a decision on an appointment, the City Commission shall give due • nsideration to the qualifications of the candidates. Nomination and Appointment. Each City Commissioner shall appoint one (1) board member, the Mayor shall appoint one (1) member, and the City Commission at -large shall appoint three (3) at large members and two (2) alternate members. Appointees shall be persons in a position to represent the public interest, and no person shall be appointed having personal or private interests likely to conflict with the public interest. No person shall be appointed who has any interest in the profits or emoluments of any contract, job, work, or service for the City or is otherwise not qualified pursuant to the provisions of Chapter 2 of the City Code. Before makingany SUBSTITUTED appointment, the City Commission shall confirm that the person to be appointed has filed the statement required by Section 2-615 of the City Code. 3. Terms of appointment. The terms of appointment shall be the latter of those terms provided in Section 2-885 of the City Code. 4. Qualifications. It is intended that members and alternate members of the AIPPB be persons of knowledge, experience, mature judgment, and background; having a ity and desire to act in the public interest; and representing, insofar as may be po .ible� the various special professional training, experience, and interests required t• make informed and equitable decisions concerning development of an artistic, c rally enriching, and visually diverse physical environment. To that end, qualifi :tions of members and alternate members shall be as follows: a. b. All members shall have an interest and knowledge of the vi- al and performing arts, and the artistic development of the City. Eight (8) board members must be knowledgeable an Master's or Doctorate Degree from an accredited u of the following identified fields: fine arts, art edu architecture, art history, architectural history. ur landscape architecture, interior design, crap estate development, construction manage following shall apply to the same eight (8 ave a Bachelor's, versity or college in one tion, museum curation, an planning, urban design, or product design, music, real nt, or finance. Additionally, the embers: Five (5) members shall b- hosen from the following fields: fine arts, art education. seum curation, architecture, art history, architectural histo►, , urban planning, urban design, landscape architecture, int for design, or graphic or product design; ii. One (1) membeshall be a professional artist; and iii. Two (2) me + .ers shall be from the following fields: finance, real estate :evelopment, and/or construction management. c. One (1) member :nd two (2) alternate members must have an interest in the visual and perf'.rminq arts. Neither- of these members is required to have a Bachelor's, aster's, or Doctorate Degree. One (1) alternate member shall be a repre--ntative of Miami -Dade County Public Schools. The Superint- dent of Schools shall make a recommendation to the City Com sion on the appointment of the alternate member. 5. Vacancie acancies in the membership or alternate membership of the AIPPB shall be filled by the City Commission and Mayor by appointment, in the manner set forth herein and for the unexpired term of the member or alternate member affected. The City Commission may appoint an alternate member of the board to a vacancy as a full member of the board without resorting to the procedural requirements of Section 62-655(b)(1) so long as the alternate member meets the qualifications of Section 62-655(b)(4)(c). b. The Executive Secretary of the AiPPB shall notify the City Clerk within ten (10) days after a vacancy occurs, and the City Clerk shall promptly transmit such information to the City Commission for nomination and appointment in accordance with Section 62-655(b)(1). SUBSTITUTED 6. Removal. a. Members and the alternate member of the board may be removed for cause by not less than three (3) affirmative votes of the City Commission. b. There is hereby established a point system. Each member and the alterna member of the AIPPB who arrives after the beginning of the first agenda em or leaves before the termination of the last agenda item, at a regularly scheduled meeting of the board, shall receive one (1) point. Any me .er of the board who accumulates more than seven (7) points in one (1) ►-lendar year shall be brought to the attention of the City Commission for s consideration of removal of the member. c_ Notwithstanding Section 62-655(b)(6)(b) above, any memr or alternate member of the board who is absent, for whatever reaso , from more than three (3) or more meetings in one (1) calendar year s I be brought to the attention of the City Commission for its consideratio r of removal of the member. Functions, Powers and Duties. The AIPPB, with the assi .nce and recommendations of the Planning Department, Public Art Division. and all o er City departments, as necessary, shall have the functions, duties. and pow: s as follows: 1. To recommend the Public Art Program G delines and amendments to the Public Art Program Guidelines thereto to the City Commission; 2. To recommend the Public Art Mast Plan and amendments to the Public Art Master Plan thereto to the City Com ► ssion; 3. To hear appeals of decisions related to the installation, dedi within the NRD-1. f the Wynwood Design Review Board (WDRB) ion and donation of art on private development 4. To approve expendit es of the Public Art Fund as proposed by the City Manager or his/her designee; 5. To approve, a or donations of Master Plan; d rove with conditions, or deny proposed installations, dedications, based on the Public Art Program Guidelines and the Public Art 6. To ac .n any other Art in Public Places related matter as assigned by the City Comm i ion. 7. otwithstandind City Code Section 18-115, the AIPPB shall have the authority to a• ept donations of art in excess of 825,000.00 in accordance with this Article. P .ceedings of the Art in Public Places Board (AIPPB")_ 1. Officers and voting. The AIPPB shall select a chairperson and a vice -chairperson for one (1) year terms from among its members and may create and fill such other offices as it may determine. The Planning Director or his/her designee shall attend all meetings of the board. The Office of Hearing Boards, or its successor, shall be the Executive Secretary of the AIPPB. SUBSTITUTED Rules of procedure. The AIPPB shall establish rules of procedure necessary for its governing and the conduct of its affairs, in keeping with the applicable provisions of Florida law, the City Charter, the City Code. and all applicable resolutions. Such rules of procedure shall be available in written form to persons appearing before the AIPPB and to the public upon request and should be an file with the City Clerk. For any quasi-iudicial procedures, the provisions establishes in the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"). 3. Meetings. The AIPPB shall hold at least one (1) regularly scheduled me inq each month. except the month of August. Other meetings may be set •y the AIPPB, and additional meetings may be held at the calf of the chair,•-rson and at such other times as the AIPPB may determine, Meetings that are of regularly scheduled shall not be held without at least ten (10) days' writtenotice. If the agenda for a regularly scheduled meeting does not contain a / items which require action by the AIPPB, the Executive Secretary for th AIPPB may cancel the meeting. 4. Quorum; public records. A maiority of the members s II constitute a quorum, The Office of Hearing Boards shall keep minutes of .card proceedings, showing the vote of each member or alternate member, if - tinq for a member, or if absent or failing to vote under Section 62-655(•',5) below, indicating such fact. It shall be the responsibility of the Office of Hea nq Boards to handle all procedural activities for all public hearings held by the r.ard, including the preparation of detailed minutes and official records of s hearings. The official records of such public hearings shall be filed with e City Clerk. 5. Disqualification of members or after ate. The AIPPB members shall comply with Florida Statutes Chapter 112. Cit Code Chapter 2, Article V, and the Miami - Dade County Code of Ethics. 6. All City departments and e ployees shall, under the direction of the City Manager, and upon requ- t and within a reasonable time, furnish to the Public Art Division such avail e records or information as may be required of the AIPPB. The City Ma : ger shall assign a member of the Public Works Department, Plann q and Zoning Department, Capital Improvements Transportation O- ce, Parks and Recreation Department and Fire -Rescue Department, or eir successors, to attend public hearings of the AIPPB and to advise the Al' ' B when necessary, and to furnish information. reports, and recommen -tions upon request of the AIPPB. 7. The Ci Attorney. or his/her designee, shall act as counsel and provide legal sere!►-s to the AIPPB. 8. e alternate member shall only vote in the event of a vacancy or absence of a regular member. Sec. 62-6 %6. City Commission. The City Commission, in addition to its duties and obligations under the City Charter, the City Code, and other applicable laws, shall have the following duties specifically in regard to the Miami 21 Code and Chapter 62 of the City Code: 1.21 To appoint members to the AIPPB. as set forth in this Article: SUBSTITUTED 021 To approve the Public Art Program Guidelines and amendments to the Public Art Program Guidelines upon recommendation of the AIPPB To approve the Public Art Master Plan and amendments to the Public Art Master Plan upon recommendation of the APPB: and Lcil To hear appeals of decisions of the AIPPB related to installation, dedication, d donation of Art. Sec. 62-657. Conflicts of Interest. No member of the AIPPB shall have his/her work of Art considered or appr• ed by the AIPPB during his/her term of service on the AIPPB or for one (1) year th w eafter. Sec. 62-658. Selections of works of Art. The AIPPB shall establish procedures and criteria for the commi ioninq, selection. and acquisition of Art to be acquired using the resources available ithin the Public Art Fund, and in accordance with the criteria and standards set forth i e adopted Public Art Master Plan and the Public Art Program Guidelines. The C y Manager, or his/her designee, may only acquire each piece of Art upon affix r:tive vote of the majority of the AIPPB. The City Manager, or his/her designee, will ne►•tiate and execute appropriate contracts. in a form acceptable to the City Attorney, acquire. insure, and maintain the Art using available resources within the Public Art ' und. Lai Selection Process. The AIPPB shall esteb'.h procedures for selecting Art Works to be purchased from the resources of the r ity's "Public Arts Fund." Those procedures can include the following: (1) Open competition; (2) Limited competition: (3) Invitation: (4) Direct purchase. (5) Donation; or (6) Any combination of - above. J Selection criteria. In e selection process, the AIPPB shall consider the following: Permanent d temporary works of Art shall be located in areas where residents and visitor, live and congregate and shall be Publicly Accessible and/or visible from pu► is property or right-of-way (maximum visual accessibility to pedestrian or ve ular traffic); L. ation in areas used by tourists, including the waterfront, parks, thoroughfares, nd at public or governmental facilities shall be preferred; The inherently intrusive nature of public Art on the lives of those frequenting a public place. Artworks reflecting enduring artistic concepts, not transitory ones, should be sought: The cultural and ethnic diversity of the City and South Florida without deviation from a standard of excellence: The appropriateness to the site, permanence of the work in light of environmental conditions at the site, maintenance requirements, quality of the work, likelihood that the artist can successfully complete the work within the available funding, SUBSTITUTED diversity of works already acquired by the City, and diversity of the artists whose work has been acquired by the City; Lei Whether the artwork too closely resembles a business logo or sign, has any commercial message or purpose, contains adult content, as defined in the Miami 21 Code. and should, therefore, be rejected; al Any other criteria set forth in the Public Art Program Guidelines as amende• rom time to time; j Exhibition and sales history of the artist, as well as works of Art in pus c collections and previous public Art purchases or commissions: a The maintenance and insurance expense of the Art; (10) The public health, safety, and welfare: (11) The ability to safely secure the Art against high wind, clement weather, or other Acts of God; and (12) Whether the Art may be reasonably maintained • last for a minimum Life Cycle of twenty-five (25) years. Sec. 62-659. Application procedures and approval for • cement of Art on private property in lieu of Public Art Fee; Application procedures and ap• oval for donations of Art in lieu of a fee. All applications except as identified in Section 11 of Miami 21, shall be reviewed for compliance with the criteria set forth in Section 658(b) and in accordance with the following requirements: A complete application for pla' -meet of Art on private property in lieu of a Public Art Fee shall include: 1. Preliminary sket• es, photographs or other documentation of sufficient descriptive cla y to indicate the nature of the proposed Art; 2. An apprai .I or other evidence of the value of the proposed Art including acquisiti and installation costs. To establish the value of Art submitted to compl with this program's requirements, the City may contract with an inde'.endent Art appraiser to provide a written appraisal of the Art. Such as raisal shall either be funded from the Public Art Fund or by the Developer. which case the cost of obtaining the appraisal shall be construed as part of the overall value of the Art: Preliminary plans containing such detailed information as may be required by the City to adequately evaluate the location of the Art and its compatibility with the proposed Development Project and/or with the character of adjacent developed parcels and the existing neighborhood; 4. An executed and notarized agreement by the artist who created the Art, in which he/she expressly waives all rights that may be waived under applicable state and federal laws. The artist shall grant to the City an unlimited, perpetual. royalty -free, irrevocable license to reproduce and distribute two- dimensional reproductions of the Art for Citv-related purposes, and grant to the City exclusive, irrevocable ownership rights to any trademark, service SUBSTITUTED mark. or trade dress rights regarding the Art, pursuant to a license that shall be approved by the City Attorney. Approval of the Art shall be deemed as permission granted by the artist authorizing third parties to review and reproduce documents provided by the artist to the City which are public records pursuant to Florida Statutes. The City shall also have the option of referring to the name of the artist and title of the Art in reproductions; and 5. A covenant running with the land shall be recorded including the folio a. Designating a specific location on the property where the A ill be displayed which is easily accessible or clearly visible to th- general Public from adjacent Public property including, but not lii► ited to, a street, right-of-way, sidewalk, or other Public Thorouq► are; b. Requiring the perpetual maintenance and insuran substantial conformity and compliance with the and the Public Art Program Guidelines by the successor or assignee, and of the Art in blic Art Master Plan eveloper or his/her c. Indemnifying the City for any injury to p= sons or property caused by the placement and/or maintenance of ' e Art. Review of Applications submitted for Art on priva - property in lieu of Public Art Fee. 1. Completed applications will be accep d with the required application fee, as stated in the Public Art Master Pla Applications and the appropriate fees shall be submitted to the Public • Division, which shall review applications and make a recommendation t. he AIPPB of the proposed Art. Said recommendation shall take i + consideration the Art's conformity to the definition of "Art" as define • n Article 1 of the Miami 21 Code, all criteria of the adopted Public Art M. ter Plan. and the Public Art Program Guidelines. 2. If the application is a•.roved by the AIPPB at a duly noticed public hearing in accordance with th- adopted Public Art Master Plan and the Public Art Program Guideli s, the developer, or his/her successor or assignee, shall have up to eiq (8) months after the issuance of a Certificate of Occupancy or Tempora ertificate of Occupancy, whichever is issued first, to install the Art. At the .st of the developer, or his/her successor or assignee, he/she may app for an extension of time and make such request at a public hearing in front •f the AIPPB. The AIPPB may grant a one (1) time. four (4) month to six (. month extension with a showing of good cause by the developer or his er successor or assignee. The AIPPB has the sole discretion to d ' ermine what constitutes a showing of good cause. If no installation of Art •ccurs within the required time period, ail financial security deposited into the developer's escrow account, shall be transferred to the Public Art Fund. If, of r review of the application for the proposed Art in lieu of Public Art Fee, the a! . 'cation is denied b the AIPPB the Developer may appeal, with the appropriate .peal fee, to the City Commission pursuant to Chapter 62-23(a) of the City Code. (c) A complete application for donation of Art in lieu of a Public Art Fee with the required application fee, as stated in Chapter 62 of the City Code shall include: 1. Preliminary sketchesphotographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed Art; SUBSTITUTED 2. An appraisal or other evidence of the value of the proposed Art, including acquisition and installation costs. To establish the value of Art submitted to comply with this program's requirements, the City may contract with an independent Art appraiser to provide a written appraisal of the Art. Such appraisal shaft either be funded from the Public Art Fund or by the Developer. in which case the cost of obtaining the appraisal shall be construed as part o the overall value of the Art: and 3. An executed and notarized agreement by the artist who created the A in which he/she expressly waives all rights and claims to the Art under applicable State and Federals laws. The City shall have all rights t reproduce and distribute two-dimensional reproductions of, and all have all rights to any trademark, service mark, or trade dress rights re. ding the Art. Approval of the Art shall be deemed as permission granted . the artist authorizing third parties to review and reproduce documen provided by the artist to the City which are public records pursuant to Flo- da Statutes. The City shall also have the option of referring to the name .f the artist and title of the Art in reproductions. (d) Review of Applications submitted for donation of Art in I of Public Art Fee. 1. Completed applications with the required ap• cation fee, as stated in Chapter 62 of the City Code, shall be submitted to e Public Art Division, who shall review them and make a recommendati• to the AIPPB based on the following considerations: a. The Art's conformity to the deft- tion of "Art" as defined in Article 1 of the Miami 21 Code, b. Al! criteria of this Article; c. The adopted Public Art sster Plan: and d. The Public Art Progra ► Guidelines. 2. If the application is ap• oved by the AIPPB at a duly noticed public hearing in accordance with the : dopted Public Art Master Plan and the Public Art Program Guidelins., the Developer, or his/her successor or assignee. shall have up to eight :) months' time after the issuance of a Certificate of Occupancy or emporary Certificate of Occupancy, whichever is issued first, to deliver the Art to the City. At the cost of the Developer, or his/her successor .r assignee, he/she may apply for an extension of time and make such re .est at a public hearing in front of the AIPPB. The AIPPB may grant a one ) time, four (4) month extension upon a showing of good cause by the r-veloper or his/her successor or assignee. The AIPPB has the sole di retion to determine what constitutes a showing of good cause. If no livery and acceptance of Art occurs within the required time period. all financial security deposited into the Developer's escrow account shall be transferred to the Public Art Fund. f, . " er review of the application for donation of Art in lieu of Pubic Art Fee, the a'.•lication is denied by the AIPPB, the Developer may appeal, with the appropriate appeal fee, to the City Commission pursuant to Chapter 62-23(a) of the City Code. Se' . 62-660. Art placed on private property and Donations of Art in lieu of a Public Art Fee. xcept as referenced in bection 11 .t and other relevant Sections in Article 11 of Miami 21, any Art that is placed on private property in lieu of a Public Art Fee must qualify as Art as defined under Article 1, Section 1.5 of the Miami 21 Code, and must be reviewed SUBSTITUTED by the Public Art Division, and approved by the AIPPB in accordance with the Public Art Master Plan and the Public Art Program Guidelines. Art that is placed on private property shall be maintained at all times in substantial conformity and compliance with the Public Art Master Plan and the Public Art Program Guidelines by the Develper or his/her successor or assignee, and the terms of the approval and acceptance of such Art lies with the AIPPB. Art placed on private property shall be easily accessible or clearly visibl: to the general public from adjacent public property including but not limited to a public right-of-way and/or abutting public property or other Public Thoroughfare, or cross B ck pedestrian or vehicular passage or pedestrian Paseo_ Sec. 62-661. Creation of Public Art Fund, There is hereby created within the City a trust fund to be known as the Cit of Miami Public Art Fund. This Fund shall be maintained bythe City and shall be ed for the acquisition, installation, improvement, maintenance, and insurance of , arts education programming, grants, and administrative costs of the Public Art Pro. rn as follows: All monies received by the City pursuant to the requirement •f the Public Art Program or from endowments, gifts, or donations to the Ci designated far public Art shall be placed in the Public Art Fund. All monies within e Public Art Fund shall be deposited, invested, expended, and accounted for as f . Tows: f 1� All monies received shall be deposited into e Public Art Fund and shall not be commingled with non-public Art relaterevenues of the City. All monies within the Public Art Fund shall be exp: ded solely for the purpose and intent of the Public Art Program. Any intere income earned by the Public Art Fund shall be expended or invested only or the purpose for which the money was originally accepted, collected, or--ceived. gj The Fund shall be used for e senses associated with the selection, commissioning, acquisitio ransportation,, maintenance, repair, restoration, rehabilitation, appraisalmove!. insurance of Art, development of education programming, commu y outreach or advocacy with an emphasis in the visual and performin• arts, grants, and administrative costs for the Public Art Program. Once m• ies intended for the purpose of satisfying this Article are deposited into th Public Art Fund, the monies from separate, different Development oiects may be comingled. Monies within the Public Art Fund can be disci - ed, expended, invested, or granted in accordance with this Article. gj Ten p cent (1 O%) of the fees collected annually shall be allocated towards the r storation or rehabilitation of either publicly or privately owned Historic Ro ources that are individually designated or contributing structures within a '•cally designated historic district or towards public improvements within a historic district as identified in the Public Art Master Plan. Fees allocated but not expended within a fiscal year shall be rolled over to the next fiscal year and allocated for the same purposes. Privately owned Historic Resources shall be allocated monies from the Public Art Fund through a grant application process as described in the Public Art Master Plan. The Public Art Division will review all grant applications in consultation with the Historic Preservation Office. The Public Art Division and the Historic Preservation Office shall have the discretion to recommend to the AIPPB for final decision' and expenditure of funds. Restoration or rehabilitation shall be in accordance with Chapter 23 and subject to the approval of a Certificate of Appropriateness by the Historic and Environmental Preservation Board. SUBSTITUTED Five percent (5%) of the fees collected annually shall be allocated towards cultural, education, community outreach or advocacy purposes and may include social practice art, all designed to promote the visual and performing arts such as but not limited to youth based programming involving the City's Arts and Entertainment Council, academic institutions or non-profit organizations. Fees allocated but not expended within a fiscal year shall be rolled over to the next fiscal year and allocated for the same purposes. Th City's Arts and Entertainment Council, academic institutions or non-profi organizations shall be allocated monies from the Fund through a grant application process as described in the Public Art Master Plan. The ' blic Art Division will review all grant applications and shall have the discre •n to recommend approval or denial of grant applications to the AIPP: or expenditure of funds in accordance with the Program Guidelin= LQ Fifteen percent (15%) of the fees collected annually shall • allocated towards operating and administrative costs associated h the Public Art Program, including but not limited to, staffing, marketi programming, trainin• and outside consultin•. Traininshall be dir• ctl related to the implementation of this Article and Article 11 of the E iami 21 Code. Fees allocated but not expended within a fiscal year ' all be rolled over to the next fiscal year and allocated for the same purpos- :. The City Manager or his/her designee shall have the authority to allocate nd expend funds in accordance with this subsection (5)_ k6) Seventy percent (70%) of the fees col cted annually shall be allocated towards the commissioning, selecti• acquisition, display, maintenance, repair, restoration. rehabilitation, i' urance of City -owned Art, transportation, installation, removal, appraisal, Ilection and exhibition of high -quality Art in accordance with the Public Ar laster Plan and the Public Art Program Guidelines. Fees allocated • t not expended within a fiscal year shall be rolled over to the next fisc . year and allocated for the same purposes. For all expenditures in excess $25,000.00 pursuant to this subsection (6), the City Manager or his/her d-.ignee shall be the applicant to the AIPPB in accordance with thi Article. f If tangible prop y purchased with monies from the Fund is subsequently sold, the pro eds from the sale shall be returned to the Fund. All funds shall be ex•-nded for public and municipal purposes in accordance with the terms of this Articl= and Article 11 of the Miami 21 Code. Sec_ 62-662. Owners + and maintenance of artwork placed on site. La Ownershi. •f all Art acquired by the City pursuant to the requirements of this Article shall be vestein the City, which shall retain title to each work of Art. Ow rship of all Art donated to the City pursuant to the requirements of this Article shall b 'onated and titled to the City upon approval of the AIPPB. c Ownership of all Art incorporated into private Development Protects shall be vested in the property owner who shall retain title to the Art. Property owners retaining title to the subject Art shall provide proof of insurance in the amount of the appraised value of the Art. The property owner shall execute a covenant running with the land, which shall be recorded as provided herein, requiring the property owner and all successors in interest to maintain the Art under the provisions of the Public Art Master Plan and the Public Art SUBSTITUTED Program Guidelines, insure the Art, and prevent its removal from the property or its destruction. Art that was placed on the site of a Development Project with the approval of the AIPPB in lieu of a Public Art Fee, shall not be altered, modified, relocated, removed, or destroyed without the prior approval of the AIPPB. (e) The responsibility and obligation to provide all maintenance necessary to preserve a ' d maintain the Art an privately owned property so that its Life Cycle is at least twent ive (25) years shall remain with the Development Project site owner or the owner's successors or assignees. The responsibility and obligation to maintain the a rk shall be enforced as follows: Lil Prior to the placement of the artwork on a Development Project, the - e owner shall record a covenant running with the land describing the Art in full d- -if along with acknowledging the responsibility and obligation of the Deveiopm- t Project site owner and his/her future successor and/or assignee to repairstore, insure, and maintain the Art. The covenant shall run with the land for a imum of twenty-five (25) years, and shall act as notice to future property owner of the site of the responsibility and obligation to repair, restore, insure, an maintain the Art and of certain limitations related to any federal, state or local .ws governing the rights of the artist including, but not limited to. rights regardin. he sale, alteration, modification, destruction, removal, and/or relocati• of the Art. The covenant shall be approved by the Director of Planning, or his/her signee, in a form acceptable to the City Attorney. The Art shall not be altered, mo. led, relocated, removed, sold, or destroyed without the prior approval of the + •PB. Maintenance of the Art shall include, bu s not limited to, preserving the Art in a condition as required by the Public Art Division; protecting, securing, insuring, and maintaining the Art against physical .efacement, vandalism, mutilation, alteration, natural elements such as fire and < <ind, and theft; and maintaining an extended insurance policy in the amount .. the appraised value of the Art as determined by the City and the Public Art Divisio in consultation with an independent appraiser. Maintenance requirements all be enforceable by the City for the "Life Cycle" of the Art pursuant to the coven, t running with the land required by this Article, If, at any time, the Cit Public Art Division and/or the AIPPB determines that the Art has not been main t ed or preserved in a state and appearance substantially conforming to the , ate and appearance in which the Art was originally approved by the AIPPB, the Lode Compliance Department of the City shall issue a notice of violation requq the current property owner to either: a. Repai , restore, or rehabilitate the Art within thirty (30) days, b. P the costs estimated by the City required to repair, restore, or rehabilitate the rt and/or secure and maintain insurance for the Art in an amount determined by the Public Art Division in consultation with an independent Art appraiser; or Pay the Public Art Fee required under this Article and the Miami 21 Code. based upon the current fee schedule and the current fair market value of the building, structure or improvement for which the artwork was required, as determined by the Miami -Dade County Property Appraiser, within thirty (30) days. Violations of this Article or Article 11 of the Miami 21 Code shall be subject to enforcement as set forth in Chapter 2, Article X of the City Code, entitled "Code Enforcement" and any ether remedies available at law. SUBSTITUTED L) Nothing in this Article shall prohibit the City from taking any and all actions to require compliance with this Ordinance. maintain the Art, and protect the public health, safety, and welfare of the public. in Stolen or illegally removed Art, or Art that is deemed destroyed by the Public Art Divisi• in consultation with an independent Art appraiser, must be either: Replaced by the property owner within one hundred twenty (120) days. Repl. ed Art shall be reviewed and approved by the AIPPB subiect to the criteria set fort in this Article; or al The Public Art Fee required under this Article and the Miami 21 Code •ased upon the current fee schedule and the current fair market value of the bu •ing, structure or improvement for which the Art was required, as determined by a .ppraiser, must be paid within thirty (30) days. Section 3. This Ordinance shall not apply to any ❑evelopme Projects that have a valid and effective Waiver, Warrant, Class II, Variance, Exception, Certif ate of Appropriateness, Major Use Special Permit, Development Agreement, or Special A ea Plan permit on the effective date of this Ordinance and that obtain a master buildi • permit within twelve (12) months of the Effective Date of this Ordinance. If a decision • a Waiver, Warrant, Class 11, Variance, Exception, Certificate of Appropriateness, Major ise Special Permit, Development Agreement, or Special Area Plan permit has been timely ppealed on the effective date of this ordinance to the PZAB, the City Commission, or a cou of competent jurisdiction, the twelve (12) month period to obtain a master building permit all begin to run on the date of a final order on the appeal to the highest court of compet t jurisdiction, or the issuance of the permit, whichever is later. This Ordinance shall not appl o any Development Projects that have been deemed to have a complete application by the r'irector of the Department of Planning and Zoning as defined by the application checklis Encluded as an exhibit to this Ordinance, as of the effective date of this Ordinance and that d• s not remain inactive for a period not to exceed three (3) months, and has not been subs : ntially modified from its initial submittal, unless at the request of or proposal of the Planning d Zoning Department. Substantial modifications shall mean a material change such as but of limited to, Height, FLR/Lot Coverage, number of floors and or dwelling units, decreases in etbacks, open space, uses and parking spaces. If substantially modified, the Ordin ce shall apply to the entire project. Section 4. All rights, . tions, proceedings of the City, including the City Commissioners, the City Manager, or any o s departments, boards, or officers undertaken pursuant to the existing Code provisions hall be enforced, continued, or completed, in all respects, as though begun or executed her: nder. Section 5. any section, part of a section, paragraph, clause, phrase or word of this Ordinance is dec red invalid, the remaining provisions of this Ordinance shall not be affected_ Secti • 6. This Ordinance shall become effective immediately after final reading and adoption th eof.2 APPR ED AS TO FORM AND CORRECTNESS: This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten CIO) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later.