Loading...
HomeMy WebLinkAboutCity of Tamarac Ordinance O-2021-024 Temp. Ord.2453 March 30, 2021 Page 1 of 10 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2021 - . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 5 OF THE CITY'S CODE OF ORDINANCES, ENTITLED "BUILDINGS AND BUILDING REGULATIONS" BY SPECIFICALLY AMENDING ARTICLE XI, ENTITLED "PUBLIC ART PROGRAM", SECTION 5-301 ENTITLED "DEFINITIONS" TO PROVIDE FOR A DEFINITION FOR CONSTRUCTION VALUE; PROVIDING CLARIFICATION FOR THE ASSESSMENT AND COLLECTION OF A ONE (1) PERCENT PUBLIC ART FEE FOR LAND DEVELOPMENT PROJECTS SUBJECT TO THE REQUIREMENTS OF THE CITY'S PUBLIC ART PROGRAM; AMENDING SECTION 5-302 ENTITLED "PUBLIC ART FEE", TO ESTABLISH ADDITIONAL PROVISIONS BY WHICH THE REQUIRED ONE (1) PERCENT PUBLIC ART FEE MAY BE PROVIDED FOR IN LIEU OF PAYMENT TO THE CITY'S PUBLIC ART FUND; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. • WHEREAS, the City of Tamarac (the "City") seeks to amend its Public Art Program regulations in order to provide clarification for the assessment and collection of a public art fee equal to one (1) percent of the total construction value for land development projects subject to the requirements of the City's Public Art Program; and WHEREAS, the City seeks to establish additional provisions by which the required one (1) percent public art fee may be provided for in lieu of payment to the city's public art fund; and WHEREAS, the City recognizes that various opportunities for the provision of public art are presented through public and private partnerships; and WHEREAS, the City desires to continue its promotion of cultural enrichment and aesthetic place making through the installation of public art; and • CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord.2453 March 30, 2021 Page 2 of 10 411 WHEREAS, after thorough evaluation, the City has determined that a need exists for greater flexibility in the administration and implementation of the City's Public Art Program; and WHEREAS, the Director of Community Development recommends approval of this ordinance amendment; and WHEREAS, the City Commission of the City of Tamarac has deemed the amendments to the City's Code of Ordinances as it specifically pertains to the City's Public Art Program to be in the best interests of the health, safety, and welfare of the citizens and residents of the City of Tamarac. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: • SECTION 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. That Chapter 5, Article XI, entitled "Public Art Program", of the City of Tamarac Code of Ordinances is hereby amended to read as follows: ARTICLE Xl. - PUBLIC ART PROGRAM Sec. 5-300. - Short title; intent. (a) This article shall be known and cited as the "public art program." (b) It is the intent and purpose of this article to further the commitment of the city to providing public art to beautify the appearance of the city, commemorate the city's history, and to enhance cultural opportunities throughout the city. (Ord. No. 2004-15, § 2, 5-26-04) Sec. 5-301. - Definitions. 411 (a) Definitions. For the purposes of this section, the following words and phrases shall have the following meanings: CODING: Words in £trike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord.2453 March 30, 2021 Page 3 of 10 • Alteration means any change or modification in construction or occupancy. Art, artwork Of, works of art means tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of the visual and performing arts conceived in any medium, material, or combination thereof, including, but not limited to, paintings, sculptures, engravings, carvings, frescos, stained glass, mosaics, ceramics 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, performing arts such as dance, music, theatre, opera, mime, film and other art forms in which a human performance is the principle product. The following shall not be considered artwork or works of art for purposes of this chapter: (1) Reproductions or unlimited copies of original artwork. (2) Art objects which are mass produced. (3) Works that are decorative, ornamental, or functional elements of the architecture or landscape design, except when commissioned from an artist as an integral aspect of a structure or site. Artist or professional artist means a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, income realized 41) through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, receipt of honors and awards, and training in the arts. Building means any structure that encloses space and is used or built for the shelter or enclosure of persons, businesses, chattel or property. Construction value means the total value of the construction or reconstruction of any structure or appurtenance thereto for which a building permit is required and subject to the assessment of building permit fees. Developer means any person, including a governmental agency, undertaking development. Development means any construction, redevelopment, alteration or repair of any private or public building within the limits of the city. Public art committee means the entity appointed by the city commission to administer the public art program. Public art fund means a separate, interest bearing account set up by the city to receive monies for the public art program. Public art master plan means a plan that includes public art needs and priority assessment, recommendations on types of public art and potential locations in the city, and implementation strategies for acquisition and maintenance. The plan is developed . with input from stakeholders, and adopted by the commission. Repair or maintenance means the reconstruction or renewal of any part of an existing building for the purpose of maintenance. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord.2453 March 30, 2021 Page 4 of 10 (Ord. No. 2004-15, § 2, 5-26-04) • Sec. 5-302. - Public art fee. (a) A public art fee will be messed equal-to-erne (-1-)--perccfltef-sew department at the time of permit issuance. (a) Developers subject to the provisions of this chapter shall comply with public art program contribution requirements as follows: (1) The developer shall remit unto the city at time of building permit issuance, payment equal to one (1) percent of the construction value of improvements to real property as provided for in section 5-304; or (2) The developer may provide artwork, excluding performing arts, on the development site or integrated into the building in lieu of payment of the required public art fee equal to or greater than a minimum of one (1) percent of the construction value of improvements to real property as provided for in section 5- 304. a. The developer shall provide documentation to the city that the art fee has been deposited into an escrow account for said purpose prior to the issuance of a building permit. b. Prior to site plan approval, the artwork must be approved by the public art committee and conform to adopted public art guidelines. The guidelines include a requirement that the artwork be accessible and readily visible to the public based on location of artwork and normal traffic of vehicles/pedestrians in the proposed location. c. A minimum of seventy-five (75) percent of the total value of the art requirement shall be placed in areas that are clearly visible from the public sidewalk, public right of way or public space. d. The developer shall be given up to six (6) months after issuance of the building permit to obtain approval of the proposed artwork from the public art committee and the City Commission, unless the committee grants an extension for good 111 cause as determined in their sole discretion. If no such approval is obtained CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord.2453 March 30, 2021 Page 5 of 10 411 within the time period, the city shall require transfer of aforementioned funds to the public art fund. e. The developer shall be given up to six (6) months after the issuance of a certificate of occupancy to install artwork, as approved by the public art committee and the City Commission, in accordance with adopted public art program guidelines unless the committee grants an extension for good cause as determined in their sole discretion. If no installation occurs within the time period, said funds shall be transferred to the public art fund. f. The developer, its assignees and successors in interest shall retain ownership of the artwork on the subject property equal to or in excess of the value outlined in this Chapter and submit a maintenance agreement for the artwork to be installed on the property to City's Public Art Committee. The maintenance agreement shall be subject to the Public Art Committee's approval and must include a schedule for continuance maintenance of the artwork for the life of the artwork. (Ord. No. 2004-15, § 2, 5-26-04) • Sec. 5-303. - Public art fund. (a) There is hereby created a public art fund administered by the public art committee which shall consist of all contributions received from art fees for development, redevelopment, renovation and repair, from public, residential and private development, cash grants and donations to the city for public art projects from governmental or private resources, and all other funds allocated by the city through the budgetary process for the provision of public art. (b) The public art fund shall be used solely for expenses associated with the selection, commissioning, acquisition, transportation, maintenance, promotion, administration, removal and insurance of the works of art or in relation thereto. Expenditures will be authorized by the city manager or designee. (Ord. No. 2004-15, § 2, 5-26-04) Sec. 5-304. - Projects subject to requirements of the public art program. (a) The requirements of this article shall apply to the following activities: (1) All nonresidential construction, alteration or repair for which a building permit is required. (2) All new residential construction and/or redevelopment for which a building permit • is required. (3) All new public construction for which a building permit is required. (b) Exceptions. The requirements of this chapter shall not apply to the following activities: CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord.2453 March 30, 2021 Page 6 of 10 (1) Public works and utilities non-facility infrastructure projects. 11111 (2) Remodeling, repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity. (3) Affordable housing construction, remodel, repair or reconstruction projects, as defined by federal, state or local programs. (Ord. No. 2004-15, § 2, 5-26-04) Sec. 5-305. - Public art committee. (a) There is hereby established a committee to be known as the "public art committee." (1) Public art committee mission. The mission of the public art committee is to expand cultural opportunities for residents and visitors and to enhance the appearance of the city through the selection and integration of artwork in a public environment. (2) Committee membership. a. The public art committee consists of five (5) members, who live or conduct business in the city, with a strong commitment to the objectives of the public art program, who shall be appointed by the city commission. Membership of the public art committee may include: • 1. Two (2) individuals chosen from the following disciplines: landscape architecture, urban planning, engineering, or a related design discipline; 2. One (1) professional artist; 3. One (1) private citizen, knowledgeable in the field of public art, education, or community affairs; and 4. One (1) private citizen from the development community. b. The city manager designates a city staff member to act as the city's liaison with the board. The liaison will be responsible for budget development and monitoring. c. The committee shall elect a chairperson and vice-chairperson each year. (3) Membership terms. a. The membership terms shall be staggered to run concurrently with the election of commissioners from odd numbered districts, and commissioners from even numbered districts, and the mayor, and shall expire upon the term expiration or the vacation of office of the nominating member of the city commission in accordance with section 2-59 of the City of Tamarac Code or until such time as new appointments are made. b. The staff liaison member's term is not limited. • c. Reserved. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord.2453 March 30, 2021 Page 7 of 10 d. The appointment of members shall be in accordance with subsection 2-58(g) of the City of Tamarac Code of Ordinances. e. Consecutive reappointments are permissible. (4) Vacancies. Vacancies shall be handled in accordance with section 2-59 of the City's Code of Ordinances. (5) Meetings and attendance. a. The public art committee shall meet at least once per quarter or on an as needed basis. b. Other meetings will be held as necessary to carry out the duties and responsibilities of the committee. c. A committee member is required to attend a majority of meetings scheduled within each twelve-month time period of his or her appointed term. Failure of a committee member to regularly attend meetings could result in removal from the position at the discretion of the city commission. d. Public art committee meetings will be open to the public and conducted pursuant to Robert's Rules of Order, Newly Revised, and all applicable state and local laws. (6) Quorum. A quorum shall be a majority of committee members, which is a minimum of three (3) members present. • (7) Voting. a. In all matters coming before the committee, the affirmative vote of a majority of those present and voting is the action of the committee, provided a quorum is present. b. In the event that any members have personal interests in matters of acquisition or commissioning of artwork before the committee that constitutes a conflict of interest, those members shall excuse themselves from voting. (8) Conflict of interest. If any member of the public art committee shall find that his private or personal interests are involved in the matter coming before the committee, he shall disqualify himself from all participation in that matter. No member of the public art committee shall have his or her work of art considered or approved by the public art committee during their term of service on the committee or for one (1) year thereafter. (9) Expenses. Members shall serve without compensation. (b) The public art committee shall have the following powers and duties: (1) Recommendations to the commission on revisions to the public art guidelines. (2) Recommendations to the commission on revisions to the public art master plan, to be adopted by resolution by the city commission. • (3) Recommendations to the commission on art and artist selection. (4) The public art committee is responsible for submitting an annual report to the city commission on or before May 1 of each year. The report will describe the CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord.2453 March 30, 2021 Page 8 of 10 committee's accomplishments over the past year, give the status of current IIprojects, provide information on any future plans, and include an inventory of public art in the city. (Ord. No. 2004-15, § 2, 5-26-04; Ord. No. 2010-17, § 4, 9-7-10; Ord. No. 2014-19, § 2, 12-10-14) Sec. 5-306. -Artist and art selection criteria. (a) Artist will be selected in accordance with city procurement policy. The following criteria, at minimum, shall be considered by the public art committee in the selection of an artist: (1) Ability of the artist to complete the project within a specified schedule and budget; (2) Exhibition and sales history of the artist, as well as works of art in public collections and previous public art purchases or commissions; and (3) All other criteria set forth in the public art program guidelines, as amended from time to time. (b) The following criteria, at minimum, shall be considered by the public art committee in the selection of artwork: (1) Appropriateness of the artwork to the site and site environmental conditions; (2) Maximum visual accessibility to pedestrian or vehicular traffic, as set forth in the 111 public art program guidelines; (3) Quality of the artwork; (4) Maintenance requirements; (5) Whether the artwork too closely resembles a business logo or sign and should, therefore, be rejected; and (6) Any other criteria set forth in the public art program guidelines, as amended from time to time. (Ord. No. 2004-15, § 2, 5-26-04) Sec. 5-307. - Ownership of artwork. Unless otherwise expressly agreed to in writing by the city, ownership of all art acquired through expending funds in the public art fund shall be vested in the city, which shall obtain title to each work of art. Artist shall be required to enter into an agreement with the city which includes, but is not limited to, the waiver of artists rights as set out in the Visual Artists Rights Act, 17 U.S.C. §§ 106A and 113(d) ("VARA"), as amended, and any other rights arising under any international, federal, state or local law. (Ord. No. 2004-15, § 2, 5-26-04) • CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord.2453 March 30, 2021 Page 9 of 10 Sec. 5-308. - Public art program guidelines. The public art committee shall prepare, and from time to time revise, public art program guidelines and make the same available to the public, which shall provide guidance for program organization, organizational governance and staffing responsibilities; procedures for project planning; artist selection; art selection criteria; art placement criteria, donations; loans and memorials, collection management; and, administration of the public art fund. (Ord. No. 2004-15, § 2, 5-26-04) Secs. 5-309-5-399. - Reserved. SECTION 3. Codification. It is the intention of the City Commission of the City of Tamarac that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may be renumbered, re lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such conflict. SECTION 5. Severability. Should any section, provision, paragraph, sentence, clause of word of this Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as eliminated and shall not affect the validity of the remaining portions or applications of this Ordinance. "THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK" CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord.2453 March 30, 2021 Page 10 of 10 SECTION 6. Effective Date. This Ordinance shall become effective upon adoption. fb PASSED, FIRST READING this day of RA A.4-4 , 2021. PASSED, SECOND READING this day of ZTA-1-Y , 2021. BY: ATTEST: MAY R MICHELLE OMEZ RECORD OF COMMISSION VOTE: 1ST Reading JENNIFER<JOHN N , CMC CITY CLERK MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: VM. VILLALOBOS DIST 4: COMM. PLACKO RECORD OF COMMISSION VOTE: 2ND Reading MAYOR GOMEZ 06-L. DIST 1: BOLTON No DIST 2: COMM. GELIN N© DIST 3: VM. VILLALOBOS DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS ORDINANCE AS TO FORM: JO R , JR., • CI A RNEY CODING: Words in strike-MT-Gag-4type are deletions from existing law; Words in underlined type are additions.