Loading...
HomeMy WebLinkAbout2026-006-495_-_Art_in_Public_Places_Amendment_-_Adopted.docx ORDINANCE NO. 2026-006-495 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 20, ARTICLE IV ENTITLED “ART IN PUBLIC PLACES” OF THE CITY OF MIAMI GARDENS CODE OF ORDINANCES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Art in Public Places (“AIPP”) program is a City initiative that commissions and installs artworks in public places throughout the City, and WHEREAS, the current AIPP program for the City of Miami Gardens, as outlined in Article IV, limits art to city construction projects only, however, the proposed text amendment broadens the scope of work from strictly City projects to include private development projects on a voluntary basis, and WHEREAS, the expansion of the AIPP program with the City of Miami Gardens aims to enhance public places, make art more accessible, reflect the community's identity, support local artists, foster public engagement, and community dialogue in areas that were previously underutilized, and WHEREAS, Councilwoman Julien recommends that the City Council amend Chapter 20, Article IV entitled Art In Public Places of the City of Miami Gardens Code of Ordinances, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AMENDMENT: The City Council of the City of Miami Gardens does hereby amends Chapter 20, Article IV entitled “Art in Public Places” of the City of Miami Gardens Code of Ordinances as follows: Sec. 20-201. Intent. The purpose of this article is to enhance the aesthetic environment of the City of Miami Gardens by incorporating works of art on public property within the city on city construction projects. The purpose of this article is to enhance the appearance of buildings and built environments by incorporating works of art within the City of Miami Gardens. Docusign Envelope ID: 966196D2-2804-499D-8050-82C7C12D4997 Page 2 of 9 Ordinance No. 2026-006-495 Sec. 20-202. Definitions. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: City construction project means any construction contract to which the city is a party for the new construction of any city-owned building, facility, or other city-owned property, including, but not limited to, parks, pools, recreation trails and golf courses. Construction cost is defined to include architectural and engineering fees, and site work. It does not include land acquisition or subsequent changes to the construction contract. All construction costs shall be calculated as of the date the contract is executed. Developer shall mean the property owner, including its successor and assigns, of a development project that is subject to the public art requirement. Development Project shall mean any development, including remodeling, new construction, tenant improvements, or redevelopment, as described on the plan submitted for approval to the City, which requires a building permit. For purposes of this subsection, development projects shall be located in non-residential zoning districts. Escrow Funds shall mean funds paid by the developer, in an amount equivalent to the value of the art fee, into an escrow account for the purpose of obtaining a building permit in accordance with this subsection. Non-residential zoning districts shall mean those zoning districts listed in Article 4 of the City’s Zoning and Land Development Regulations, excepting Single Family Districts, and Industrial and Manufacturing districts. Public Place shall mean any City property and any City easement on an exterior area of private property in a non-residential zoning district within the City that is easily accessible or clearly visible to the general public from adjacent public property, such as a street or other public thoroughfare or sidewalk, for a period of 10 hours per day, seven days per week, with the property owner’s option of excluding access or visibility on national holidays. Works of art is defined as the application of skill and taste to production of tangible objects, according to aesthetic principles, including, but not limited to, paintings, sculptures, engravings, carvings, frescoes, mobiles, murals, collages, mosaics, statues, bas-reliefs, tapestries, photographs, lighting designs and drawings. Works of art is defined as the application of skill and taste to the production of tangible conceived in any medium, material, or combination thereof, including but not limited to paintings, sculptures, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs, video projections, digital images, bas-relief, high relief, fountains, kinetics, collages, drawings, monuments erected to commemorate a person or an event, functional furnishings such as artist designed seating and pavers, architectural elements designed by an artist, and artist designed landforms or landscape elements. The medium can include but is not limited to materials such as paint, glass, steel, bronze, wood, stone and concrete. Artwork shall not be construed as a sign. The following shall not be considered artwork for purposes of this subsection: a. Reproductions or unlimited copies of original art. b. Art objects that are mass produced. c. Works that are decorative, ornamental, or functional elements of the architecture or landscape design, except when commissioned from an artist, landscape architect, or architect as an integral aspect of a structure or site. Docusign Envelope ID: 966196D2-2804-499D-8050-82C7C12D4997 Page 3 of 9 Ordinance No. 2026-006-495 d. Political and religious messaging, campaigns, ideologies, or propaganda. Sec. 20-203. Establishment of art in public places fund. (4) Monies used for the selection, commission, acquisition, transportation, maintenance, public appraisal, education, promotion, administration, removal and insurance of the artwork. Sec. 20-204. Appropriations by the city to the fund. 1. All appropriations of city funding for city construction projects shall include an appropriation of funds to the art in public places fund. The amount appropriated to the art in public places fund shall not be less than one and one-half percent (1.5%) of the construction cost of any city construction project, provided that no funds may be appropriated for this purpose from the ad valorem tax operations fund. The appropriation to the fund shall be made at the time of the award of the construction contract for said city construction project. 2. For city construction projects that are developed by persons and entities other than the city, but that are developed pursuant to a development agreement entered into with the city, or which involve the participation of the city as a ground lessor, the required appropriation shall be made at the same time as the appropriation of funding for the construction project and be based upon the construction cost, regardless of whether the construction cost is funded by the city or the person or entity other than the city. 3. In considering the required appropriation for a particular city construction project, the city council may, by resolution: (a) Waive the required appropriation, finding such waiver to be in the best interest of the city; (b) Reduce the required appropriation amount; or (c) Find that the particular city construction project is not an appropriate site for works of art, and place all or a portion of the required appropriation in the art in public places fund for use at another site. 4. The city council shall also consider whether the funding source for a particular city construction project is restricted by public bond covenants; federal, state or local laws; and/or legal parameters which would require that the appropriation be utilized on the particular city construction project site. 5. Prior to making a final determination as to the required appropriation for a city construction project, the city council may consider the recommendation of the art in public places advisory committee Design Review Committee. Sec. 20-205. Permitted uses of art in public places funds. Monies placed in the art in public places fund Art in Public Places Fund shall only be used for the following purposes: (1) Acquisition of works of art to be located on city construction projects or on public property in the city or located in public buildings or in public facilities within the city in accordance with this article. (2) Insurance, maintenance and preservation of works of art acquired by the city pursuant to this article. (3) Expenses relating to the following: Docusign Envelope ID: 966196D2-2804-499D-8050-82C7C12D4997 Page 4 of 9 Ordinance No. 2026-006-495 (a) Research and evaluation by the city pertaining to proposed works of art, including opinions when necessary from outside experts and/or professional advisory committees; (b) Expenses related to art contests competitions sponsored by the city in connection with acquisitions of works of art, including related printing and distribution expenses; (c) Administrative expenses relating to the operations of the art in public places program Art in Public Places Program, including but not limited to supplies and equipment for the keeping of minutes and printing and distribution of board agendas and correspondence; (d) Selected artist travel expenses, at the rates used citywide and approved in advance by the city manager. Sec. 20-207. Program administration. The Art-in-Public-Places program shall be administered by the city manager, or his or her designee. (1) The city manager shall act in the public interest upon all matters relating to the program and shall support the program's goals and objectives. The department's responsibilities include the selection, planning, public education and curating of all works of art acquired by the program. (2) The city manager shall have the following powers and duties: (a) To recommend to the city council whether a particular proposed city construction project is an appropriate site for works of art and whether all or part of the appropriation required by this article should be utilized at the site, or reduced or waived in its entirety, or placed, whether in its entirety or a portion thereof, in the art in public places fund for other acceptable uses. (b) To recommend to the city council the selection of existing works of art or to determine whether to recommend the selection of new works of art, and screen submissions therefore, for the fulfillment of the requirements of this article. (c) To conduct contests and competitions open competitions in order to select works of art to be recommended for a particular site. (d) To recommend to the city council the maintenance and insurance necessary to preserve and protect works of art. (e) To make a recommendation to the city council regarding proposed projects that include works of art and to participate in the planning of such projects. (f) To recommend legislation concerning public works of art works of public art in the city. (g) To make recommendations to the city council regarding the placement of proposed donations of works of art for placement on public property in the city proposed donations of works of art for placement of public property in the city. (h) To perform all other duties and functions as requested by the city council. (3) Method of Participation. A developer may propose to install Artwork in a public place on the site of its development project pursuant to all applicable regulations of this subsection. Alternatively, an in-lieu art fee may be paid into the City’s Public Art Fund, or a developer may use a combination of provision of Artwork and payment of an in- lieu art fee. Docusign Envelope ID: 966196D2-2804-499D-8050-82C7C12D4997 Page 5 of 9 Ordinance No. 2026-006-495 (4) Voluntary provision of Artwork. Participation in the Art in Public Places program is voluntary for new development projects. Developers are encouraged, but not required, to incorporate public art into their projects. Priority site plan review, expedited building plans review, and building permit processing shall be provided to developers participating in the City's Art in Public Places Program. Choosing not to participate in the program will not affect the review, approval, or permitting process for any development application. (5) Public Art Permit. A public art permit shall be required for the creation, installation, modification, or removal of artwork in a public place. As determined by the Building Official, the installation of artwork may require a building permit to be obtained after the public art permit and prior to installation. (6) Public Art Permit Application Requirements. Prior to the issuance of any public art permit, the developer or an agent with the consent of the developer shall apply, in the form provided by the City, to the Planning and Zoning Department, together with the following: (a) A narrative of sufficient descriptive clarity to indicate the nature and meaning of the proposed artwork; (b) Drawings, photographs, and specifications as are necessary to demonstrate that the artwork complies with the requirements of this section. Such drawings (surveys, site plans, elevations, sketches, and other illustrations) shall be to scale and fully dimensioned; illustrate property lines, rights-of-way, internal streets, sidewalks, overhead utility lines (if artwork is three dimensional), and parking areas immediately surrounding the intended location of the artwork. Drawings shall also indicate the setting and location, design, media and materials, methods of construction, and methods of application, securing, or fastening of the artwork. (c) A detailed description and evidence demonstrating that the proposed artwork is weatherproof and will withstand environmental conditions in the location where it is to be installed. This should include information on the materials, construction methods, and any additional protective measures that will be taken to ensure the artwork's durability and resistance to weather-related damage. (d) Schedule of Completion outlining the schedule of work that includes the proposed date of completion. (e) If the artwork is proposed to be placed on a new or existing City easement on private property, then a proposed artwork easement shall be submitted in the form approved by the City. (f) If the artwork is a mural, the amount and type of building signs that could have been placed on the façade devoted to the mural may be transferred to use on other façades or on a freestanding sign for the building. The Applicant shall Docusign Envelope ID: 966196D2-2804-499D-8050-82C7C12D4997 Page 6 of 9 Ordinance No. 2026-006-495 separately submit the requisite applications for and obtain approval for any proposed relocation of sign area pursuant to the Sign Code. (g) An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs. Alternatively, to establish the value of artwork submitted to comply with the program’s requirements, the City may contract with an independent art appraiser to provide a written appraisal of the art. Such appraisal shall be funded by the developer as part of the overall art contribution. (h) A narrative statement demonstrating that the artwork will be displayed in a public place. i. A statement indicating the property owner’s willingness to maintain compliance with this subsection. Sec. 20-208. Establishment of an art in public places advisory committee (APPAC). Personnel involved in the review of works of art. The APPAC shall be composed of seven members appointed by the mayor and city council. The Design Review Committee (DRC), chaired by the administrative official, will be responsible for reviewing and approving proposed public art within the city. The DRC will ensure that public art aligns with the community's values, aesthetic standards, safety requirements, strategic development goals, and guidelines outlined in Sec. 20-210. (1) The mayor and councilmembers shall each appoint one member to serve on the APPAC. (2) Each member of the APPAC shall be a professional in the field of art, architecture, art history, or architectural history. (3) Each APPAC member shall serve a two-year term and may be reappointed for a total of two consecutive terms. (4) APPAC will screen submissions and will recommend to the city council for each acquisition not more than three possible selections, which may be existing works of art or new commissions. (5) For each acquisition, the city council shall direct the APPAC to act as a committee of the whole in determining selected works of art for recommended acquisition. Sec. 20-209. Procedures for the selection of art. (1) The city manager or designee shall extend a formal call to artists for each public art project to be implemented in conjunction with an applicable city construction project. The call to artists shall invite artists to compete in the form of an open entry or limited entry competition for the award of a public art project. (2) The DRC shall perform an initial evaluation and a secondary evaluation of artists' submission in response to a call to artists. The initial evaluation shall rank each artist's submission and result in the APPAC's DRC’s recommendations of no less than three artists, who shall each be asked to submit an extended proposal of the work of art to be designed. The secondary evaluation shall rank each of the requested proposals, which were selected as a result of the initial evaluation. The Docusign Envelope ID: 966196D2-2804-499D-8050-82C7C12D4997 Page 7 of 9 Ordinance No. 2026-006-495 highest-ranked submission as a result of the secondary evaluation may be recommended to city council for award. Sec. 20-210. Guidelines for the selection of works of art. During the selection process, the following principles shall be observed: (1) Works of art shall be located in areas where residents and visitors congregate and shall be highly visible. (2) The inherently intrusive nature of public art on the lives of those frequenting public places should be considered when selecting works of art. Artworks reflecting enduring artistic concepts, not transitory ones, should be sought. (3) Selected works of art shall not be obscene, incite violent speech, produce immediate breach of peace, or defamatory. Selected works of art shall be appropriate for all ages and reflect the City of Miami Gardens community standards. must reflect the cultural and ethnic diversity of the city without deviation from a standard of excellence. (4) Final selection shall also take into account appropriateness to the site, permanence of the work in light of environmental conditions at the site, maintenance requirements, quality of the work, diversity of artwork already acquired by the city, and the likelihood that the artist can successfully complete the work with available funding. Sec. 20-211. Ownership and upkeep. (1) Ownership of all works of art acquired by the city pursuant to this article is vested in the City of Miami Gardens. The city is charged with the custody, supervision, maintenance and preservation of such works of art. In each instance, the city shall acquire title to each work of art acquired. (2) Ownership of all artwork incorporated into development projects shall be vested in the property owner who shall retain title to the artwork. Property owners retaining title to the artwork shall provide proof of insurance in the amount of the appraised value of the artwork. (3) The artwork shall not be altered, modified, relocated or removed other than as provided herein without the prior approval of the Public Art Review Design Review Committee. (4) The following principles shall be observed when incorporating artwork into development projects: (a) The obligation for maintenance to conserve the artwork in good condition shall remain with the property owner and the owner’s successors and assigns. The City shall ensure the maintenance of artwork on public property. (b) All artwork shall be maintained to ensure its appearance and shall not show evidence of deterioration, weathering, discoloration, rust, or other conditions reflective of deterioration or inadequate maintenance. Maintenance shall not result in changes or alterations to the approved artwork. (c) Failure of any persons or entities to comply with the regulations pertaining to the artwork as set forth in this subsection shall be subject to enforcement procedures set forth in Chapter 8 and Chapter 16 of the Code of Docusign Envelope ID: 966196D2-2804-499D-8050-82C7C12D4997 Page 8 of 9 Ordinance No. 2026-006-495 Ordinances, and the removal requirements set forth in the subsection below. (5) Removal of artwork associated with the City's Public Art Program shall adhere to the following requirements: (a) After artwork has been approved by the Public Art Design Review Committee in accordance with these regulations, such artwork shall be retained and maintained on site in its approved location and shall not be removed or relocated without prior approval of the Public Art Design Review Committee and of a reasonably equivalent replacement artwork, unless subsection 6(d) has been complied with. (b) The property owner shall be responsible for removal of the artwork that is not maintained in good condition and appearance, showing evidence of deterioration, weathering, discoloration, rust, or other conditions reflective of deterioration or inadequate maintenance. (c) Enforcement. Failure to remove the artwork upon notification by the City shall subject the property owner to all enforcement procedures. Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 25th DAY OF FEBRUARY, 2026. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MARCH 11, 2026. ________________________________ RODNEY HARRIS, MAYOR Docusign Envelope ID: 966196D2-2804-499D-8050-82C7C12D4997 Page 9 of 9 Ordinance No. 2026-006-495 ATTEST: ________________________________ MARIO BATAILLE, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: COUNCILWOMAN LINDA JULIEN Moved by: Vice Mayor Stephens Seconded by: Councilwoman Julien VOTE: 6-0 Mayor Harris Yes Vice Mayor Stephens, III Yes Councilwoman Baskin Yes Councilman Leon Absent Councilwoman Powell Yes Councilwoman Wilson Yes Councilwoman Julien Yes Docusign Envelope ID: 966196D2-2804-499D-8050-82C7C12D4997