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HomeMy WebLinkAboutLegislation-SUB Revision ACity of Miami • iii Legislation Ordinance File Number: 1208 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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 ("P7.AB"), 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 18 File ID: 1208 (Revision: A) Printed On: 11912017 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:' "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 Fire N]: 1208 (Revision: A) Printed on: 10912017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 9208 Enactment Number: CLE XVI. ART IN PUBLIC PLACES Sec. 62-654.Purpose and intent. (a) 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 top romote the general welfare of the community by uniting citizens through shared cultural and artistic experiences: to enhance the aesthetic diversit 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. (c) The re uirements 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. This Article shall constitute a land development regulation of the City and an 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. (e) All terms_ specified herein shall be as defined in the Miami 21 Code. Sec. 62-655. Art in Public Places Board. a) 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. 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 thirt 36 days' notice of the vacancies on the City's website and/or in a newspaper of eneral 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 AIPPB to apply far 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 Fire 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 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 ersonal 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 re uired 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, experience, and interests required to make informed and equitable decisions concerninq development of an artistic cultural/ 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: i. 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 (2) 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) Prinfed on: 1/9/2097 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1208 5. Vacancies. Enactment Number: a. Vacancies in the membershi 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 vacaqcy as a full member of the board without resorting to the procedural requirements of Section 62-655(b)(1) so Ian 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 small 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 meetinq of the board shall receive one 1point. Any member of the board who accumulates more than seven (7) points in one (1) calendar year shall be brou ht 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 aiternate 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. (c) Functions, Powers and Duties. The AIPPB, with the assistance and recommendations of the Planning Department, Public Art Division and all other City de artment, 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 Pro ram 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 W nwood 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 Citv Manaaer or his/her designee City of Miami Page 5 of 16 Pile ID: 1209 (Revision: A) Printed on: 1/9/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Filo I❑; 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 Cit Commission. 7. Notwith standi ngCity Code Section 18-115 the AIPPB shall have the autho rity 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-chaircerson 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 AIPP8. 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 Qrocedure shall be available in written form to pefsons 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. Meetin s. The AIPPB shall hold at least one 1 req u larly scheduled meeting each month, except the month of August. Other meetings may be 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 Secreta for the AIPP8 may cancel the meeting. 4. Quorumpublic records. Amajority of the members shall constitute a Quorum. The Office of Hearin Boards shall keep minutes of board proceedings, showing the vote of each member or alternate member, if sitting fora 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 Cha ter 2 Article V and the Miami - Dade County Code of Ethics. 6. All City departments and em Io ees shall under the direction of the Cit Manager, and upon re nest and within a reasonable time furnish to the Public City of Miami Page 6 of 16 File r0: 1208 (Revision, A) Printed on. 9/9/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12118 Enactment Number: Art Division such available records or information as may be required of the AIPPB. The Ci!y 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 u Pon req uest of the Al PPB. 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. 62-658. City Commission. The City Commission, in addition to its duties and obligations under the Citv Charter the City Code and other a pplicable laws shad have the following duties specifically in regard to the Miami 21 Code and Chapter 62 of the City Code: Lal To appoint members to the AIPPB as set forth in this Article; Lbj To approve the Public Art Program Guidelines and amendments to the Public Art Program Guidelines upon recommendation of the AIPPB Lr - To approve the Public Art Master Plan and amendments to the Public Art Master Plan a pon recommendation of the AIPPB; and 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 commissioninq, 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 Pro ram Guidelines. The City Manager, or his/her designee, may only ac vire each piece of Art u on affirmative vote of the ma'ority of the Al PPB. The C ity Manager, or his/her desig nee will negotiate and execrate appro p riate contracts, in a form acceptable to the City Attorney, to acquire, insure, and maintain the Art using available resources within the Public Art Fund. fal 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: 1/912017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12Q8 Enactment Number:. (1) Open competition; (2) Limited competition; (3) Invitation-, 01 Directpurchase-, M_Donation; or (6) Any combination of the above. b& Selection criteria. In the selection process, the AIPPB shall consider the following: 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 propertV or right-of-way maximum visual accessibility to pedestrian or vehicular traffic); X21 Location in areas used by tourists including the waterfront arks thoroughfares, and at public or governmental facilities shall be preferredo The inherently intrusive nature of public Art on the lives of those frecluenting 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, diversity of works aireadv acquired by the Citv. and diversitv of the artists whose work has been acquired by the Cit Whether the artwork too closel resembles a business logo or sin has an commercial message or purpose, contains adult content, as defined in the Miami 21 Code and should therefore be rejected: Any other criteria set forth in the Public Art Program Guidelines as amended from time to time; JM Exhibition and sales histo of the artist as well as works of Art in public collections and previous public Art purchases or commissions; The maintenance and insurance expense of the Art: (1 0) The pubfic health safety, and welfare: 11 The ability to safely secure the Artagainst high wind inclement weather, or other Acts of God; and (12) Whether the Art may be reasonably maintained to last for a minimum Lifecycle of twenty-five (25) years. City of Miami Page 8 of 16 File N7: 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: 7208 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: Lal 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 program's requirements, the Cily may contract with an independent Art appraiser to provide a written a raisal of the Art. Such appraisal shall either be funded from the Public Art Fund or bV 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 adeguate!y evaluate the location of the Art and its compatibility with the proposed Development Pra ect and/or with the character of admacent 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 Arlespursuant 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 prope!:!y propertyincluding, 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 Fife ID: 1208 (Revision: A) Printed on: 9/9/2017 File ID: 1208 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: c. Indemnifying the City for any injury to persons or property caused by the placement and/or maintenance of the Art. 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 Pian. Applications and the -appropriate fees shall be submitted to the Public Art Division which shall review applications and make a recommendation to the AlPP8 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 am 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 appIV for an extension of time and make such request ata public hearing in front of the AIPPB. The AIPPB may grant a one (1) time, four (4) month to six A 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 bV 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. {c} A complete application for donation of Art in lieu of a Public Art Fee with the required app lication 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 a raiser 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 Artin 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 re produce 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: RJ Printed on: 1/9/2011 File to: 1208 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: artist to the City which are public records pursuant to Florida Statutes. The City shall also have the o tion of referring to the name of the artist and title of the Art in reproductions. d Review of AnWications 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; e. The adopted Public Art Master Plan; and d. The Public Art Pro ram Guidelines. 2. If the application is awwroved by the AIPPB at a duly noticed public hearina 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 ata public hearing in front of the AIPPB. The AIPPB may rant 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 ad'acent public property including but not limited to a public right-of-way andlor abutting Public property or other Public Thoroughfare, or cross Block 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 Ili. 1208 Enactment Number: There is hereby created within the Cit 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, rants and administrative costs of the Public Art Program as follows: (a) 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: 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. Anv interest income earned by the Public Art Fund shall be ex ended or invested on ly for the puroose for which the money was originally accepted, collected, or received. L21 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 performin arts rants and administrative costs for the Public Ark Program. Once monies intended for the purpose of satisfying this Article are deposited into the Public Art Fund the monies from separate, different Development Promects may be corrin led. Monies within the Public Art Fund can be dispersed, expended, invested, or granted in accordance with this Article. 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 individualIV 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 submect to the approval of a Certificate of Appropriateness b 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 Councilpublic academic institutions or non- rofit City of Miami Page 12 of 16 File ID: 1208 (Revision: A) Printed on: 11912097 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 7208 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 throw h 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 Procirarn Guidelines. Fifteen percent -0 5%)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). Seventy percent (70%) of the fees collected annually shall be allocated towards the commissioning, selection acquisition, displaV, maintenance repair, restoration rehabilitation insurance of Cit ;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. 77 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 City pursuant to the requirements of this Article shall be vested in the City, which shall retain title to each work of Art. Ownership of all Art donated to the Cit ursuant to the requirements of this Article shall be donated and titled to the City upon approval of the AIPPB. 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 sub'ect 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 Pro ram Guidelines insure the Art and prevent its removal from the property or its destruction. cify of Miami Page 13 of 16 File ID: 1208 (Revision: A) Printed on: 11912017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 1208 Enactment Number: d 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 and maintain the Ark on privately owned property so that its Life Cycle is at least twenty-five 25 ears 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: 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 acknowleclaing the responsibility and obligation of the Development Prosect 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 25 ears 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 ri hts 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. S2 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 inde endent 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 b 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) day: 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 b the Public Art Division in consultation with an independent Arta raiser: 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 b the Miami -Dade Cougty Property Appraiser, within thi 30 days. City of Miami Page 14 of 16 Fife ID: 1208 (Revision: A) Printed on: 119/2017 File IO: 1208 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 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. U51 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. (f) Stolen or illegally removed Art, or Art that is deemed destroyed „hy the Public Art Division in consultation with an independent Art appraiser, must be either: M Replaced by the property owner within ane hundred twenty (120) days. Replaced Art shall be reviewed and approved by the AIPPB subiect to the criteria set forth in this Article, or 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 Il, 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 PZAt3, 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, FLRfLot 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 0. 1208 (Revision: A) Printed on. f1912017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File IO: 12x8 Enactment Number: Section 6. This Ordinance shall become effective immediately after final reading and adaption thereof.2 APPROVED AS TO FORM AND 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 hD: 1208 (Revision: A) Panted on: 1/9/2097 City of Miami Legislation Ordinance � re's �-�`r~• File Number: 1208 SUBSTITUTED City Hall 3500 Pan American Drive Miami. FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING A PLANNING", MORE SPECIFICALLY CREATING A NEW ARTICLE XVI ENTITLED P IN PUBLIC PLACES PROGRAM"; CONTAINING A SEVERABILITY CLAUSE, A PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, various local governments throughout the State of Flori and the country have implemented public art programs committing to the placement of pu 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 program that would contribute to the aesthetic diversity and character of the built environ m t and the cultural enrichment of the community; and WHEREAS, a public art program would Brea 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 quay of the life of its citizens and to the economic success of its businesses as it attracts vk hors 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 Me/bn a, Inc. v. San Diego, 453 U.S. 490 (1980), the United States Supreme Court held that lelopment regulations which require development to meet aesthetic conditions havenerally foundto be supported by a legitimate public purpose; and WHEREAS, in hrlich v. City of Culver City, 911 P.2d 429 (Cal. 1996), the California Supreme Court hel hat an art fee on private development is a legitimate aesthetic regulation which does not reXuire the same level of legal scrutiny as an impact fee; and WHE AS, on February 10, 2015 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 intereste 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 the aesthetic needs of the City and its communities and are not intended to be construe s either an impact fee or a tax; and 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 ante 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 this Ordinance at a duly noticed public hearing and determined that it is consistent with th liami Comprehensive Neighborhood Plan; and WHEREAS, the City Commission her y finds and declares that the adoption of this Ordinance is necessary, appropriate, and vances the public interest; NOW, THEREFORE, BE IT O AINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals a�qd 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 2 of the City Code, entitled "Planning and Zoning", is further amended in the followin, articulars;' "CHAPTER 62 PLANNING AND ZONING ARTICLE XVI. ART IN PUBLIC PLACES noose 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 (a) This Article shall be known cited. and referred to as the "Public Art Pro ram." 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 atstic experiences; to enhance the aesthetic diversity of the City through Art integrated in architecture infrastructure and landsca e- to chronicle the City's heritage through the collection and reservation of monuments, artifacts objects and documents: to create a cultural le for future generations through the curation and exhibition of high quality Art andto developeducational 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-GR(y and its communities and are not intended to be either aq4impact fee or a tax. This Article shall constitute a land development regulation of the Ciand an amendment shall be subiect to a review and recommendation of Xe Plannina, Zoning Appeals Board "PZAB" and the Art in Public Places Board es fished below. All terms specified herein shall _be as defined in the Miami Code. Sec. 62-655. Art in Public Places Board. (a) Establishment. "here is hereby established a board to t "AIPPB"). The AIPPB shall consist of ni embershio. meeti below. (b) Appointments; Qualifications. 1. No appointment shall bE membership on the AIP circulation in the of the public and interest in and kr , known at the Cit 's Art in Public Places Boarr e 9 vXJnq members and two 2 alternate duti . and other responsibilities are described fe by the City Commission to membership or alterm ntil the City Clerk hasiven at least thirty 36 da s' e City's website and/or in a newspaper of general ty Commission shall solicit and encourage the merr Kessional and citizen organizations within the area hav edge of the qur a ointment. A44bast five 5 days Clerk shall icl notice the list of the Citv Commission. uq aim pose and functions of the AIPPB to apply for rior to the making of any appointment, the City names submitted and the names of candidates _ogether with a short statement of the red and available for public inspection and considefation. No gerson shall be appointed to the AIPPB whose name uali ations have not been made publicly avai reaAing a decision on an appointment, the Cit) nsideration to the qualifications of the candid a IN IN he manner set out herein. In Nomination and Appointment. Each City Commissioner shall appoint one (1) board member, the Mayor shall appoint one I 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 ersonal or private interests likefV to conflict with the pubfic 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 Cade. Before making an SUBSTITUTED appointment, the City Commission shall confirm that the person to be appointed has filed the statement required bV 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 jud ment and background; havincl a lh and desire to act in the public interest- and representing, insofar as may be govible the various s ecial professional training, experience, and interests required tgoIrmake informed and equitable decisions concerning deve1c meat of an artistic cuArally enrichin , and visually diverse physical environment. To that end uaiifi tions of members and alternate members shall be as follows: S. V a. All members shall have an interest and knowledge of the vi al and performing arts, and the artistic development of the City. b. Eight 8 board members must be knowlec Master`s or Doctorate Degree from an acc of the followina identified fields fine arts c architecture art history, architectural histo landscape architecture interior design, qr� estate deve lo ment construction manage following shall apply to the same eiaht (8L i. Five (5) members shall arts art education. r architectural histo , architecture int for ii. Ore 1 membe shall b gable an ave a Bachelor's dited uYversity or college in one edu tion museum curation ur an Planning,urban design, or product design, music real : ntor finance. Additionally the m the following fief seam curation, architecture. a 'ban olannin an, or arapnrc or rofessional artist landscape iii. Two 2 mevfbers shall be from the following fields: financf estate evelo went and/orconstruction mann ement. c. une 1 member nd two 2 alternate members must have an interest in tF visual and PerfAmirci arts. Neither of these members is required to have a Bachelor's aster's, or Doctorate Degree. One 1 alternate member shall be a re re ntative of Miami -Dade County Public Schools. The Su erint dent of Schools shall make a recommendation to the Citv Cornmifsic the appointment of the alternate rr Vacancies in the membership or alternate membership of the AIPPB shall be filled by the City Commission and Mayor bapQointment, 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 Secreta of the AIPPB shall notify the City Clerk within ten (1 0) 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 alternatAo member cf the AIPPB who arrives after the beginning of the first agenda - en or leaves before the termination of the last agenda item at a regularly scheduled meeting of the board shall receive one 1 pint. Any me er of the board who accumulates more than seven 7points 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 sh I be brought to the attention of the Citv Commission for its consideratio of removal of the member. Functions Powers and Duties. The AIPPB with the assince and recommendations of the Planning Department, Public Art Division. and all o er Dtv departments, as necessary, shall have the functions duties. and powAs as follows: 1. To recommend the Public Art Pro ram G delines and amendments to the Public Ari Proqram Guidelines thereto to the ON (ommission- 2. To recommend the Public Ar# MastV Pla Master Plan thereto to the City Com ssion 3. To hear appeals of decisions f the W nw, related to the installation dedi tion and dona within the NRD-1. 4. To approve ex endites of the Public Art or his/her designe/rove 5. Toa rove a with conditions or d� or donations of AA, based on the Public Art Pr Eu, ,. z — 6. To act,& Comms ion. 7. Xotwithstanding f ag6ept donations of a P fic Places rela y Cade Section 18-115, th+ in excess of $25,000.00 in iblic Places Board ("AlPPI lents to the Public Art n Review Board (WDRB on private development nosed installations, dedications the Ci the authority to 1. Officers and voting. The AIPPB shall select a chairperson and a vice -chairperson for one year terms from among its members and may create and fill such other offices as it may determine. The PIannin Director or his/her d es ig nee shall attend all meetings of the board. The Office of Hearing Boards or its successor, shall be the Executive Secretary of the AIPPB. SUBSTITUTED 2. Rules of rocedure. 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 perscns appearing before the AIPPB and to thepublic upon request and should be on file with the City Clerk. For any quasi-[udicial procedures, the provisions establishe 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 in each month, except the month of August. Other meetings mav be setk the AIPPB and additional meetings may be held at the call of the chairg6rson and such other times as the AIPPB may determine, Meetings that are At regularly scheduled shall not be held without at least ten 16 days' writte notice. If the agenda for a regularIV scheduled meeting does not contain aPK items which require action by the AIPPB, the Executive Secretary for th AIPPB may cancel the meeting. 4. Quorum: public records. A majority of the membf The Office of Hearing Boards shall keep minutes the vote of each member or alternate member, if absent or failing to vote under Section 62-6155 shall be the responsibility of the Office of Hea nc activities for all public hearings held by the Vard detailed minutes and official records of sLA heal such aublic he 5. Dis uaiification of members or alte Florida Statutes Chapter 112. Cit Dade County Code of Ethics. 6, All City departments Manager, and upon rE Art Division such avai Transportation O Department. or � advise the AIAB recommend6tions 7. The Ci/Attorney, serviats to the 8. TAe alt, reaular SWIAMO titute a auorum, for a member, or if below, indicating such fact. It including the preparation of Ings. The official records of Jerk. he_AIPPB members shall comply with haoter 2. Article V. and the Miami- nd e to ees shall under the , u t and within a reasonable i e records or information as may be required of the r shall assign a member of the PUhlic Works 4g and Zoning Department, ce, Parks and Recreation Df it successors, to attend publ �vhen necessary, and to furni upon request of the AIPPB. r his/her desianee. sh to member shall onh -6A. Citv Commission. aartment and Fire -Rescue earings of the AIPPB and to R a vacancy or absence of a The City Commission in addition to its duties and obligations under the CitV Charter, the City Code, and other applicable laws shall have the followin duties specifically in regard to the Miami 21 Code and Chapter 62 of the City Code: L21 To appoint members to the AIPPB. as set forth in this Article: -] SUBSTITUTED LbI To approve the Public Art Program Guidelines and amendments to the Public Art Program Guidelines upon recommendation of the AIPPB: (c) To approve the Public Art Master Plan and amendments to the Public Art Master Plan upon recommendation of the AIPPB- and To hear appeals of donation of Art. Sec. 62-657. Conflicts of Interest. ons of the AIPPB r{ nstaliation, dedication, No member of the AIPPB shall have his/her work of Art considered or apprAed by the AIPPB during his/her term of service on the AIPPB or for one (1 ] vear th eafter_ Sec. 62-658. Selections of works of Art. The AIPPB shall establish procedures and criteria for the commi0joninct, selection. and acquisition of Art to be acquired usnq the resources available Athin the Public Art Fund. and in accordance with the criteria and standards set forth i e ad Master Plan and the Public Art Program Guidelines. The CA Manan designee. may only acquire each piece of Art upon AIPPB. The City Manager, or his/her designee. will contracts, in a form acceptable to the City Attorney Art using available resources within the Public Art j Lal Selection Process. The AIPPB be purchased from the resourc can include the following: Open competition: Q Limited competition/ab (3) Invitation: f4,) Direct purchase: (5) Donation; or (6) Any combination of Selection criteria. In a selectio LL Permanent Ad temporary and visitor live and con re, from puVic property or ri ht or vehXular traffic]: r, or his/her the majority of the btiate and execs insure, and maintain the GTI I esta bLigh p rocedures for sel ecti ng Art Works to the ity's "Public Arts Fund." Those procedures s, the AIPPB shall consider of Art shall be located in areas where residents nd shall be Publicly Accessible and/or visible t (maximum visual accessibility to pedestrian (2) L ation in areas used by tourists including the waterfront arks thorn Ad at gublic or governmental facilities shall be pre#erred; 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 sitepermanence of the work in light of environmental conditions at the site maintenance requirements, quality of the work likelihood that the artist can successful!y complete the work within the available funding, SUBSTITUTED diversity of works already acquired by the CiLy, and diversity of the artists whose / work has been acquired by the Cit Whether the artwork too closely resembles a business logo or sin has an commercial message or purpose, contains adult content as defined in the Miami 21 Code. and should therefore be remected� Any other criteria set forth in the Public Art time to time; Exhibition and sales history of the artist, as well as works of Art i collections and previous public Art purchases or commissions: a The maintenance and insurance expense of the Art; 0 _0) The pubfic health, safety, and welfare: (11) The ability to s_ afel other Acts of God; and L12] Whether the Art coati of twenty-five (25) years. Sec. 62-659. Application procedures and approval f lieu of Public Art Fee:_ Application procedures and a I applications except as identified in Section mpliance with the criteria set forth in Section requirements: (a) A complete_ application for Fee shall include: h wind. iAclement weather. or maintainedJb last for a minimum Life ment_of Art on private property in for donations of Ark in lieu of a fel I-ONT-1111611F. `l foment of Art on private reviewed 1. Preliminar% sket es, photographs or other documental descriptive claSAy to indicate the nature of the proposed 2. An apprai or other evidence of the value of the orc ac uisiti and installation costs. To establish the val corn inde om e h this program's requirements, the City may contract with an nt Art appraiser to provide a written appraisal of the Art. Such hall either be funded from the Public Art Fund or by the Developer. which case the cost of obtaining the appraisal shall be construed as 2art of the overall value of the Art; 3. Preliminary plans containing such detailed information as may be required b 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 expressIV waives all rights that may be waived under appFcable state and federal laws. The artist shall grant to the City an unlimited, perpetual. ro aft -free irrevocable license to reproduce and distribute t\vo- dimensional reproductions of the Art for City -related purposes, and grant to the City exclusive irrevocable ownership rights to any trademark service SUBSTITUTED mark. or trade dress rights regardinq 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 Cif shall also have the option of referringto the name of the artist and title of the Art in re reductions: and 5. A covenant runnin with the land shall be recorded includin the followi a. Designating a s ecific location on the rope where the A ill be displayed which is easily accessible or clearly visible to thYraeneral Public from ad acent Public property including, but not ligrfited to, a street right-of-way,sidewalk or other Public Thorou are b. Requirinc 1 the perpetual maintenance and insuran of the Art in substantial conformity and compliance with the Viblic Art Master Plan and the Public Art Program Guidelines by the evela er or his/her successor or assignee; and c. Indemnifying the City for any injury to p /sons or propertV caused b the placement and/or maintenance of e Art. Review of A licatians submitted for Art on oriva property in lieu of Public Art Fee - `1 . ee.1. Completed applications will be acce d with the required -application fee as stated in the Public Art Master Pla A iications and the appropriate fees shall be submitted to the Public V Division which shall review applications and make a recommendation t(/he AIPPB of the 2roposed Art. Said recommendation shall take irik 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 Magter 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 ei 8) months after the issuance of a Certificate of Occupancy or Tem ora ertificate of Occupancy, whichever is issued first to install the Art. At the 96st 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 rant a one 1 time. four 4 month to six month extension with a showing of good cause bv 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, all financial security deposited into the developer's escrow account shall be transferred to the Public Art Fund. If, o/rreview of the application for the proposed Art in lieu of Public Art Fee the anAication is denied by the AIPPB the Developer may appeal, with the appropriate eal 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 52 of the City Code shall include; 1. Preliminary sketches. photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed Ari; SUBSTITUTED 2. An appraisal or other evidence of the value of the proposed Art incl uding acquisition and installation costs. To establish the value of Art subm comply with this program's requirements, the Cit ma contract wit independent Ark appraiser to provide a written appraisal of the Art. a raisal shaft either be funded from the Public Art Fund orb the Developer, in which case the cost of obtainingthe appraisal shall be construedthe overall value of the Art, and 3. An executed and notarized a reement b the artist who created the which he/she expressly waives all rights and claims to the Art under el applicable State and Federais laws. The City shall have all ri I., t reproduce and distribute two-dimensional reproductions of and all have all rights to any trademark service mark or trade dress rights reg ding the Art. Approval of the Ark shall be deemed as permission granted the artist authorizing third parties to review and reproduce document/provided bv the artist to the City which are public recoi City shall also have the option of refer the Art in reproductions. of Applications submitted for donation rsuant to F da Statutes. The e artist and title of Completed applications with the required app6cation fee, as stated in Cha ter 62 of the City Code shall be submitted to A Public Art Division who shall review them and make a recommendatiaKto the AIPPB based on the following considerations: a. The Art's conformity to the deft tion of "Art" as defined in Article 1 of Miami 21 Cods; b. All criteria_ of this Article CL The adopted Public Artster Plan, and d. The Public Art Pro ra Guidelines. 2. If the application is ap d by the AIPPB at a duly noticed public hearing accordance with the do ted Public Ark Master Plan and the Public Art Program Guideline/ the Developer, or his/her successor or assignee. shall have up to eight ) months' time after the issuance of a Certificate of ccupancv or emporarV Certificate of Qccu deliver th Art to the City. At the cost of the whichever is issued firK he mav aoolv for an extei r, or his/her such re est ata public hearin in front of the AIPPB. The AIPPB may gra a one time our 4 month extension upon a showing of good cause b the Aveloper or his/her successor or assignee. The AIPPB has the sole di retlon to determine what constitutes a showing of good cause. If no Alivery and acceptance of Art occurs within the re uired time oeriod. all financial security deposited into the Developer's escrow account sh, transferred to the Public Art Fund. iew of the application for donation of Art in lieu of Public Art Fee the Acation is denied by the AIPPB, the Developer may appeal, with the appropriat, Seal fee, to the City Commission pursuant to Chapter 62-23(a) of the City Code_ rivate property and 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 Cade, 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 propertV 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 laced on private property shall be easily accessible or cleariv visiblao to the general public from ad9acent public property including but not limited to a public fight -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 by the City and shall be vfed for the acquisition, installation improvement, maintenance and insurance of ph, arts education ro rammin rants, and administrative costs of the Public Art Proo Am as follows: All monies received by the Cit Program or from endowments I be placed in the Public Art Fun( nt to the requirements,Af the Public Art ns to the Ci desi nated for public A es within IKe Public Art Fund shall be deposited, invested, expended, and accounted for as -s received shalt be c IMe be commingled with non-public Art relateir revenues of the Cit r All monies within the Public Art Fund shall be ex led solely for the purpose and intent of the Public Art Program. Any intere2f income earned by the Public Art Fund shall be expended or invested onl or the purpose for which the money was originally accepted, collected, or Aceived. The Fund shall be used for a enses associated with the selection, commissioning. ac uisitio rans ortation maintenance repair, restoration rehabilitation appraisal. Xrnoval. insurance of Art, development of education programming, commun&v outreach or advocacv with an emohasis in the visual and performi Proaram. Once mo can be dispeAed, e Article. ts, and administrative costs for the Public Art lies intended for the purpose of satisfying this Article are ublic Art Fuad the monies from separate, different Is may be corrin led. Monies within the Public Art Fund Koended. invested. of cranted in arrnrdanre with this Ten cent 10% of the fees collected an n ua I ly shall be allocated toward the r storation or rehabilitation of either Publicly or privately owned Historic Reogources that are individually designated or contributing structures within a Acally desi nated 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 qr@nt 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 Cha ter 23 and subject to the approvaI of a Certificate of Appropriateness b 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 purpos es. City's Arts and Entertainment Council academic institutions or non- organizations shall be allocated monies from the Fund through a ra application process as described in the Public Art Master Plan. Thet Division will review all grant applications and shall have the discre v n to recommend approval or denial of grant applications to the AIPP or expenditure of funds in accordance with the Proaram Guidelin LQ Fifteen percent 15% of the fees collected annually shall b6 allocated towards operating and administrative costs associated Wh the Public Program, including but not limited to staffinq, marketiV, programming training,and outside consulting. Traininq shall be dir/ctly related to the implementation of this Article and Article 11 of the iami 21 Code. Fee allocated but not expended within a fiscal year sXall be rolled over to the next fiscal year and allocated for the same purpose/- The C ity Manager or hislher designee shall have the authority to allocate nd expend funds in accordancE with this subsection (5) - Seventy percent 70% of the fees col cted annually shall be allocated towards the commissioning. selectiaK ac uisition disolav maintenance repair, restoration. rehabilltatio installation, removal. aaoraisal Guidelines. Fees allocate rolled over to the next fisc xcess Manager or his/her accordance with thi i urance of City -owned Art trans ortation Rection and exhibition of high-quality Art it plaster Plan and the Public Art Program lot expended within a fiscal year shall be 91 year and allocated for the same purposes. F, $25,000.00 pursuant to this subsection 6 the ee shall be the applicant to the AIPPB in rticle. LL 1f tan ible propiaAy Purc sold. the orocieds from All funds shall be ex nded for terms of this Articl and Article 1 th monies from the Fund is subsequen the Fund. nicipal purposes in accordance with the ec_ 62-662. Qwnersl to and maintenance of artwork ❑laced on site. (a) OwnershiWbf all Art acquired bV the City pursuant to the re uirE be veste in the City, which shall retain title to each work of Art. Lbj GwVrship of all Art donated to the ( the City upon approval of the AIPPB. 'Ownership of all Art incorporated into dvate Development Projects shall be vested in the property owner who shall retain title to the Art. Property owners retaining title to the sub�ect Art shallprovide proof of insurance in the amount of the appraised value of the Art. The p!operty propertyowner 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 reyent its removal from the property or its Anefri infinn Art that was placed on the site of a Development Project with the approval of the AIPPB in lieu of a Public Art Fee shail not be altered modified relocated, removed, or destroyed without the prior approval of the AIPPB. The responsibility and obligation to provide all maintenance necessaEy to preserve a d maintain the Art on privately owned property so that its Life Cycle is at least tweet ive 25 ears shall remain with the Development Project site owner or the owner's successors or assignees- The responsibility and oblLcation to maintain the a rk shal be enforced as follows: Prior to the placement of the artwork on a Development Project the A owner shall record a covenant running with the land describing the Art in full deAil along with acknowledgingackrowledging the responsfbility responsibilityand obligation of the Develo m t Project site owner and his/her future successor and/or assignee to repair. store insure and maintain the Art. The covenant shall run with the land for a [mum of twenty-five 25 ears and shall act as notice to future propertv owner of the site of the responsibility and obligation to re air restore insure an maintain the Art and of certain limitations related to any federal state or local (%Ns governing the rights of the artist including,but not limited to. rights re ardin 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 Asignee, in a form acceptable to the City Attorney. The Art shall not be altered, mo ied relocated removed sold, or destroyed without the prior approval of the AAPB. Maintenance of the Art shall in condition as required by the Pt maintaining the Art against ph% natural elements such as fire a insurance policy in the amount City and the Public Art Divisio Maintenance requirements AArt pursuant to the coven t rL :Jude bu s not limited to reserving the Art in a bi[c Art ivis[on, protecting, securing, insuring. and sical efacement vandalism, mL 1d And and theft and maintaini the appraised value of the Art in consultation with an independent aopra If be enforceable by the City for the "Life C nninq with the land required by this Article. iq an extended as cteterminPri h If, at any time the Cit Public Art Division and/or the AIPPB d has not been maint ed or preserved in a state and appearan< conforming to the ate and appearance in which the Art was of the AIPPB the ode Com fiance De artment of the City shall i violation requ q the current property owner to either, a. I -ie ai restore or rehabilitate the Art within thirty (30) da substantiall 1. of 4r 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 b the Public Art Division in consultation with an independent Art appraiser; or c. PaV 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 suboect to enforcement as set forth in Cha pter 2 Article X of the City Code entitled "Code Enforcement" and any other remedies available at law. SUBSTITUTED 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. at is deemed destroved by the Public Art Divisi in consultation with an independent Art appraiser, must be either: LL Replaced by the proper shall be reviewed and a Article; or LQ in one hundred twenty (120) days. Replated Art rt Fee required under this Art the current fee schedule and the current fair market value of the buLlinq, structure or improvement for which the Art was required, as determined by anAppraiser, must be paid within thirty (30) days. Section 3. This Ordinance shall not apply to any D/aWaiver, Projects that have a valid and effective Waiver, Warrant, Class II, Variance, Exceptiof Appropriateness, Major Use Special Permit, Development Agreement, or Splan permit on the effective date of this Ordinance and that obtain a master bt within twelve (12) months of the Effective Date of this Ordinance. If a decisior, Warrant, Class I1, Variance, Exception, Certificate ofAppropriateness,Major Permit, Development Agreement, or Special Area Plan permit has been timely ppealed on the effective date of this ordinance to the PZAl3, the City Commission, ora 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 irector of the Department of Planning and Zoning as defined by the application checklis included 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 6. any section, part of a section, paragraph, clause, phrase or word of this Ordinance is der red invalid, the remaining provisions of this Ordinance shall not be affected- SectiqK6. This Ordinance shall become effective immediately after final reading and adoption th eof.� APPR ED AS TO FORM AND CORRECTNESS: ?'This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adapted. 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.