City of Port St. Lucie header
File #: 2023-1205    Version: 1 Name:
Type: Resolution Status: Passed
File created: 11/29/2023 In control: City Council
On agenda: 12/11/2023 Final action: 12/11/2023
Title: Resolution 23-R134, A Resolution Approving Artwork Submitted by Aviva PSL Property Owner, LLC in Connection with the Construction of Lake Whitney Place at St. Lucie West (P19-059-A1).
Attachments: 1. Resolution, 2. Staff Memorandum, 3. Site Plan, 4. Public Art Application, 5. Proposed Sculpture, 6. Artist's Resume, 7. Project Schedule, 8. Valuation, 9. Opinion of Probable Costs, 10. Draft - November 20, 2023 PAAB Minutes, 11. Staff Presentation, 12. Restrictive Covenant Agreement

Placement: Resolutions                     

Action Requested: Motion / Vote                     

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Resolution 23-R134, A Resolution Approving Artwork Submitted by Aviva PSL Property Owner, LLC in Connection with the Construction of Lake Whitney Place at St. Lucie West (P19-059-A1).

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Submitted By: Bethany Grubbs, Planner III / Public Art Manager

 

Strategic Plan Link: The City's Goal to enjoy culture, nature and fun activities.

 

Executive Summary (General Business): The proposed artwork includes a 9’ tall by 5’ 3” wide bronze sculpture mounted to a 7’6” square concrete plinth. The applicant commissioned Charles Strain to create “The Gathering” as a reflection of the mission behind their building. The mission is to bring strangers together in a joyful and celebratory union, full of life. After finishing much of the wax and molds, the artist lost his life to pancreatic cancer. As such, the applicant has hired Vinnetti’s, a collection of artists and bronze workers in a Miami foundry, to complete the molds and casting. Vinnetti’s will deliver and assemble the piece previously created and envisioned by Charles Strain.

 

Presentation Information: Staff will provide a presentation.

 

Staff Recommendation: Move that the Council approve the artwork as recommended by the Public Art Advisory Board. 

 

Alternate Recommendations:

1.                     Move that the Council amend the recommendation and approve the artwork. 

2.                     Move that the Council not approve the artwork and provide staff direction. 

 

Background: The Public Art Advisory Board recommended approval of the onsite artwork at their November 20, 2023 meeting.

 

Issues/Analysis: All private developments meeting the applicability requirements of the City’s Public Art Ordinance are subject to a public art assessment of one (1%) percent of the total dollar amount of a project’s total construction costs.  The public art assessment is capped at $100,000.  In general, there are four (4) methods available for development projects to satisfy the City’s public art requirements.  The first (1st) option is to provide artwork on site.  The second (2nd) option is to pay a fee in lieu and the third (3rd) option is a combination of the two (2).  The fourth (4th) option is an Alternative Equivalent Proposal, which allows a developer to apply to combine the public art assessment for multiple projects into one larger work of art in lieu of several small works of art. 

The applicant has selected the first (1
st) option, to provide artwork on site. The project’s estimated cost of construction is $ 36,988,864.00, which, according to the Art in Public Places Ordinance, would require an artwork valued at 332,899.776, if created by a local artist. The public art assessment is capped at $100,000; however, the artist’s proposal is estimated to cost $148,798.00. The applicant opts to exceed the cap to execute this sculpture. The applicant submitted $50,000 to Charles Strain to begin the artwork. Vinnetti’s is contracted for $98,798.00 to complete the artwork.

Option 1. On-site Artwork. Submit documentation evidencing the escrow of funds for a work of art valued in an amount not less than one percent (1%) of the total construction costs and submit an application for approval of the work of art in compliance with this chapter. If a local artist will be commissioned to provide a work of art, the value of the work of art cannot be less than ninety percent (90%) of one percent (1%) of the total construction costs.

                     

Financial Information: The property owner shall be responsible for maintenance of the artwork in good condition at all times. The property owner must include restrictions by recorded covenant that require retention and maintenance of the artwork in compliance with this chapter to run with the land and be binding on the owner's successors and assigns.

 

Special Consideration: N/A

 

Location of Project: The artwork will be located on the project site at 590 NW Lake Whitney Place.

 

Attachments:

 

1.                     Resolution

2.                     Staff Memorandum

3.                     Site Plan

4.                     Public Art Application

5.                     Proposed Sculpture

6.                     Arist’s Resume

7.                     Project Schedule

8.                     Valuation

9.                     Opinion of Probable Costs

10.                     Restrictive Covenant Agreement

11.                     Draft - November 20, 2023 PAAB Minutes

12.                     Staff Presentation

 

NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.

 

Internal Reference Number: 23311-06

 

Legal Sufficiency Review: 

Reviewed by Carly Fabien, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, Interim City Attorney.