Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/07/1998 - SECOND READING OF ORDINANCE NO. 47, 1998, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 12 DATE: April 7, 1998 ' • FORT COLLINS CITY COUNCIL STAFF ' Mike Powers SUBJECT: Second Reading of Ordinance No.47, 1998,Amending Chapter 23 of the City Code to Reauthorize the Art in Public Places Program and Adopting the Art in Public Places Guidelines. RECOMMENDATION: Staff and the Cultural Resources Board recommend adoption of the Ordinance on Second Reading. i i EXECUTIVE SUMMARY: The Cultural Resources Board worked on the Art in Public Places(APP)Ordinance and Guidelines for two years. The Board researched other Art in Public Places programs throughout the country and presented the Ordinance to City Council for approval in April 1995. Art in Public Places is intended to encourage and enhance artistic expression and appreciation and to add value to the Fort Collins community through acquiring, exhibiting, and maintaining public art. By integrating art into the City's public facilities,the APP Program helps define how the community sees itself and highlight the importance of visual art. The APP Program reflects the values of the citizens, in a manner similar to the City's sign code and development guidelines for landscaping and other design elements. Ordinance No.47, 1998,which was unanimously adopted on First Reading on March 17, 1998, continues to expand that quality of life enjoyed in Fort Collins. A new section(Section 3)of the Ordinance has been added to the Ordinance since First Reading on March 17. This addition directs the City Manager to work with the Art in Public Places Board to investigate and consider mechanisms for encouraging and facilitating the development of art in city neighborhoods, and to report to the Council with recommendations. Other changes to the program did not require modifications to the APP Ordinance or Guidelines. • The APP Board will include departmental boards in the APP Selection Process. This will be added as the third item in the selection process to get departmental, board and neighborhood input. • The APP program will require a full one year warranty for workmanship on APP contracts, and will investigate a longer term limited warranty. ORDINANCE NO. 47, 1998 . OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS TO ESTABLISH THE ART IN PUBLIC PLACES PROGRAM AND ADOPTING THE ART IN PUBLIC PLACES GUIDELINES WHEREAS,art in public places creates a more interesting and enjoyable living environment thereby enhancing the quality of life of Fort Collins citizens; and WHEREAS, the City of Fort Collins recognizes the community benefits of art in public places; and WHEREAS,the City wishes to expand the opportunity for the public's experience with art; and WHEREAS, Ordinance No. 20, 1995, enacted by the Council on April 25, 1995, which originally adopted City Code Chapter 23,Article K establishing the Art in Public Places Program, provided for the discontinuance of the Program on April 1, 1999,pending the reenactment of said Article IX; and WHEREAS,the Council has determined that it desires to permanently adopt the Art in Public Places Program, and reenact City Code Chapter 23,Article IX, with certain modifications. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Chapter 23 of the Code of the City of Fort Collins is hereby re-enacted, so as to read in its entirety as follows: ARTICLE IX. ART IN PUBLIC PLACES See. 23-301. Purpose. The city recognizes that art is vitally important to the quality of life in the community. This Article is intended to encourage and enhance artistic expression and appreciation and to add value to the Fort Collins community through acquiring, exhibiting and maintaining public art. The principal goals of the art in public places program are: (1) To enrich the public environment for both residents and visitors through the visual arts. • 1 (2) To increase public access to works of art and to promote understanding and awareness of the visual arts in the public environment. (3) To promote a variety of artistic expression in the community. (4) To contribute to the community's civic pride in its cultural diversity. (5) To support visual art. In order to achieve these ends,this Article provides a means to fund the acquisition of works of art by the city, provides a means to select works of art and provides for the display,maintenance, repair and administration of the works of art. See- 23-302. Definitions. The following words,terms and phrases,when used in this Article, shall have the meaning ascribed to them in this Section: Art in public places (or APP) shall mean any visual work of art displayed for six months or longer in any outdoor city-owned area,on the exterior of any city-owned facility, inside any city-owned facility in areas open to the public, or on non-city property open to the public if the work of art is financed, either wholly or in part, with city funds or grants procured by the city. Art in Public Places Board(or APP Board) shall mean the Art in Public Places Board, as established and described in Chapter 2,Article III, Division 4,of the City Code. Art in Public Places Coordinator (or APP Coordinator) shall mean a city staff member designated by the Director of Cultural,Library and Recreation Services as the Art in Public Places Coordinator. The Coordinator will serve the APP Board as city staff liaison. Art in Public Places Guidelines(or APP Guidelines) shall mean the Guidelines,as approved by City Council, for the selection of works of art; the placement and presentation of works of art; the maintenance, repair and care of works of art; the payment for works of art; and the acceptance of donations of works of art. Construction project shall mean the construction, rehabilitation, renovation, remodeling, equipping or improvement of any building, structure, street, sidewalk, park,utility or other public improvement by or for the city, including all associated landscaping,parking,design, engineering and all other costs,but excluding the cost of real property acquisition and any improvements made by any special improvement district. 2 APP reserve account shall mean the art in public places reserve accounts established by this Article. Work of art shall mean and include, but is not limited to, a sculpture, artistic monument, mural, fresco, relief, painting, fountain, banner, mosaic, ceramic, weaving,carving or stained glass. Work ofart shall not include landscaping,paving, architectural ornamentation or signs, except when commissioned from an artist selected by the city. Sec. 23-303. Accounts established. (a) There is hereby established a reserve account within the cultural services and facilities fund to be known as the APP reserve account. Said reserve account shall be credited with such funds as the City Council may determine; with all fiords from § 23-304,except funds from the light and power,water and wastewater or stormwater utilities; and with all funds received by the city for art in public places, whether contributed, earned, secured through grants or otherwise obtained. Monies credited to such account shall be expended only for the acquisition or lease of works of art, the maintenance,repair or display of works of art,and the expenses of administration of this Article. (b) There are hereby established separate reserve accounts within the light and power fund,the sewer fund,the water fund and the storm drainage fund to be known as the APP reserve account for each such fund. Said reserve accounts shall be credited with such funds as the City Council may determine and with all funds from § 23-304 that are paid by the utility for which said fund was established. Monies credited to such reserve accounts shall be expended only for the acquisition or lease of works of art that provide a betterment to such utility or that are otherwise determined by the City Council to be for a specific utility purpose that is beneficial to the rate payers of such utility, and for the maintenance, repair or display of such works of art. Any limitations in other provisions of this Code on the purposes for which monies in the light and power fund, the sewer fund, the water fund or the storm drainage fiord may be used shall not prohibit the use of monies in the APP reserve account for such fund from being expended for the acquisition or lease of works of art or for the maintenance, repair or display of works of art. Sec. 23-304. Funds for works of art. All requests submitted to the City Council for appropriations for construction projects estimated to cost over two hundred and fifty thousand dollars ($250,000.) shall include an amount equal to one(1)percent of the estimated cost of such project for works of art. This requirement shall also apply to appropriations partially funding a project that will have a total estimated cost of over two hundred and fifty thousand dollars ($250.000.)even if such individual appropriations are equal to or 3 less than said amount. When the City Council approves the appropriations for any such project, one (1)percent of the appropriated amount shall be deposited into the appropriate reserve account. If any construction project is partially funded from any source which precludes a work of art as an object of expenditure of such funds, the one(1)percent shall be funded from project funding sources that are not so restricted. Monev collected in the APP reserve account shall be expended by the city for projects as prescribed by the APP Guidelines. Sec. 23-305. Project design. In all construction projects costing between fifty thousand dollars ($50,000.) and two hundred and fifty thousand dollars($250,000.)the project architect or engineer shall utilize a city-selected artist to participate in the design of the project for the purpose of incorporating works of art into all aspects of the project,both functional and aesthetic,to the fullest extent possible within the project budget. The cost of the artist's services shall be paid from the project budget. See. 23-306. Incorporating art in purchases. The city shall endeavor to include artistic and aesthetic values in all construction projects, including those costing less than fifty thousand dollars ($50,000.), and in all purchases of personal property that may be located or used in places open to the public. Sec. 23-307. Administration. The Director of Cultural, Library and Recreational Services shall administer the provisions of this Article in a manner consistent with the APP Guidelines. The guidelines shall provide for the selection of works of art; the placement and presentation of works of art; the maintenance, repair and care of works of art; the payment for works of art;the acceptance of donations of works of art;and such other matters as the Director deems necessary and appropriate. The Director shall designate an APP Coordinator who will serve as staff liaison to the APP Board. See. 23-308. Acquisition of works of art. The APP Board shall make recommendations to the Council concerning the use of reserve account funds in excess of ten thousand dollars($10,000.)for the acquisition, installation and maintenance of works of art. The construction project from which the reserve account funds were generated should generally be the site where the funds will be used. However,funds may be expended at other sites when the APP Board determines such expenditure is appropriate based on the considerations set forth in the Guidelines. The APP Board may appoint a selection committee to make recommendations to the APP Board concerning the selection of artists,works of art, 4 • and the placement of works of art. The selection committee may include artists, architects, city representatives and members of the public. Sec. 23-309. Acquisition of donated artwork. All works of art with a value of three hundred dollars ($300.) or more donated to the city to be placed in a public area may be accepted only with approval of the APP Board, and all such works with a value of ten thousand dollars ($10,000.) or more may be accepted only with approval of the Council, upon review of such proposed donation and the recommendation of the APP Board. The city shall accept ownership and responsibility for maintenance only of works of art that meet the objectives of the APP Program,and the criteria for works of art and site selection set forth in the APP Guidelines. Funds for the installation and maintenance of donated works of art will come from the APP reserve account. Those works of art donated to the Fort Collins Museum for its collection purposes shall be exempt from this process. Sec. 23-310. Contracts for acquisition of public art. The city shall enter into a written agreement with the artist or donor of any work of art procured under the provisions of this Article, which agreement shall provide for the sale, lease, or donation of the work of art and such other matters as the • Purchasing Agent deems necessary. Section 2. That the Art in Public Places Guidelines, dated March 17, 1998, and on file in the office of the City Clerk and incorporated herein by this reference, are hereby approved. Section3. ThattheCitftAanagerishereby directed,tq'work ththe iu siblioOaces Board to investigate and consider mechanisms forer couragingt faci tating14e�rder�eloprrierit of . 0 art in the neighborhoods of the city,;and toxeportlo the Councitwith related recomintridations,if any, on-or before December 31, 1998. Introduced, considered favorably on first reading, and ordered published this 17th day of March, A.D. 1998, and to be presented for final passage on the 7th day of April, A.D. 1998. Mayor ATTEST: • City Clerk 5 Passed and adopted on final reading this 7th day of April, A.D. 1998. Mayor ATTEST: City Clerk 6 AGENDA ITEM SUMMARY ITEM NUMBER: 20 FORT COLLINS CITY COUNCIL DATE: March 17, 1998 10 STAFF: Mike Powers SUBJECT: First Reading of Ordinance No.47, 1998,Amending Chapter 23 of the City Code to Reauthorize the Art in Public Places Program and Adopting the Art in Public Places Guidelines. RECOMMENDATION: Staff and the Cultural Resources Board recommend adoption of the Ordinance on First Reading. FINANCIAL IMPACT: Approving this Ordinance will impact all City capital projects in excess of$250,000 by designating 1% of the funds appropriated for-the.:project for the purchase of art. The approximate annual total funding from such projects during the three years the program has been in place has been$230,000. EXECUTIVE SUMMARY: The Cultural Resources Board worked on the Art in Public Places(APP) Ordinance and guidelines for two years. The Board researched other Art in Public Places programs throughout the country and presented the Ordinance to City Council for approval in April 1995. Art in Public Places is intended to encourage and enhance artistic expression and.appreoiationand to add value to the Fort Collins community through acquiring, exhibiting, and maintaining public art. By integrating art into the City's public facilities,the APP'Program helps define how the community sees itself and highlight the importance of visual art. The APP Program reflects the values of the citizens, in a manner similar to the City's sign code and development guidelines for landscaping and other design elements. This Ordinance will continue to expand that quality of life enjoyed in Fort Collins. The Art in Public Places program has five main components: • Capital projects over$250,000 will use 1% of the appropriated amount on art. • Capital projects between$50,000 and$250,000 must hire an artist to participate in the design team as a consultant. Fees come out of the project's budget. 10 0 Capital projects under$50,000 are encouraged to incorporate artistic values to the project. DATE: March 17, 1998 12 I ITEM NUMBER: 20 • Donations of art to the City must be submitted to the Art in Public Places board for acceptance. The Art in Public Places Board is also authorized to use funds as incentive money to encourage the donation of public art. • Maintenance of the City's art collection. Priorities for spending funds are as follows: 1. First priority shall be to include the work of art in the construction project that contributed the funds to the Art in Public Places program. 2. Second priority shall be to select a work of art that is related to and logically connected to the source of the funds used to acquire the work of art. For example, if a water facility is built without public access,the funds from this project would be used for works of art related to and logically connected with the water utility. 3. Third priority shall be to use the funds for appropriate projects identified in the City's Public Art Plan. City's Public Art Plan This is a master plan for the Art in Public Places program and its policies. The APP staff is collecting and reviewing master art plans from other cities as a basis for comparison. The APP board will discuss the importance of a diverse collection with an overall vision for art and its geographic placement. Ideas that have been discussed to date are: • Downtown Art Corridor - Comprehensive Art Design Plan to create an art corridor in the downtown area of College Ave. • Neighborhood Grants - Where neighborhoods can apply for matching APP funds. • Donations-Incentive money to encourage donations of art. Projects produced by the APP program Projects comileted: 1% funding provided • Drake Road Bridge • Lake Street Mosaic Sidewalk • Lemay Avenue Tiled Sidewalk • Fairbrooke Pond Detention Pond Proiects in process: 1% fundine • Timberline Road • Harmony Library • Xeriscape Garden • Westfield Park • Utility Service Center DATE: March 17, 1998 3 ITEM NUMBER: 20 Proiects completed or in process: Artists included as consultants to the Desien Team • English Ranch Park • Recreation offices on Howes Street • Vehicular Maintenance Facility • Eastside neighborhood Intersection • Miramont Park • Cathy Fromme Prairie Open Space • Municipal Court on College Avenue • Multi Modal Transportation Center(Old Depot) • Lincoln Center Box Office • Fossil Creek Trail Underpass Misc. proiects and donations completed • Bruce Taylor temporary installation on Drake Road • Chris Ludlum memorial sculpture donation to Lincoln Center • Artist in the schools program - Lynne Hull at Bauder Elementary School Upcoming 1%APP Projects • Artist designed entry way to English Ranch Park • Horticulture Center • Pedestrian Accessibility • Case Park • Cottonwood Glenn Park • Fossil Creek Trail • Mason St. Transportation Corridor • Shields, Horsetooth/Troutman • Prospect, River/Summit View • Taft Hill, Drake to Derby • Downtown Railroad • Old Town Basin • McClelland/Mail Creek Basin Proposed changes to the Ordinance The most significant proposed change to the Ordinance and Guidelines is to approve smaller works of art administratively. In this proposal,the Purchasing Agent will be responsible for approving art (both acquired and donated)valued at less than $10;000. Council will continue to approve major works of art valued about$10,000. The intent of this change is to reduce the administrative burdens associated with such smaller projects. Other housekeeping changes will be proposed in the ordinance. These are highlighted in the attached APP Guidelines and in the Ordinance. i If the program is not reauthorized, all funds currently in the Art in Public Places reserve accounts will remain with their APP projects. Future City capital projects will not be required to set money aside for art. There will be no process to review donations of art or a program to maintain the city's j art collection. DATE: March 17, 1998 4 ITEM NUMBER: 20 The Council reviewed the APP Program and proposed revisions at its March 10, 1998, Study Session. Information regarding the process for selection of art, public outreach and comments received,a financial summary, a letter of support from the Cultural Resources Board, and a related magazine article, were provided to the Council along with the March 10 Study Session materials. Based on Council comments at the March 10 Study Session,there is a separate memo in Thursday's mail packet from Mike Powers dated March 12 that outlines proposed changes to the program. Any changes to the Ordinance will be made between First and Second Reading.