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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/15/2014 - FIRST READING OF ORDINANCE NO. 101, 2014, AMENDINGAgenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY July 15, 2014 City Council STAFF Ellen Martin, Visual Arts Administrator SUBJECT First Reading of Ordinance No. 101, 2014, Amending Article XII of Chapter 23 of City Code Relating to Art in Public Places. EXECUTIVE SUMMARY The purpose of this item is to amend Article XII of Chapter 23 of the City Code relating to Art in Public Places. This Ordinance increases the threshold for art projects requiring City Council approval from $10,000 to $60,000 to align with the City’s Purchasing Code. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Council established the Art in Public Places (APP) program by adopting Ordinance No. 020, 1995 which added Section 23-303 to the City Code. The Council permanently adopted the APP Program, and reenacted City Code Chapter 23, Article XII, with certain modifications in 2012. Currently, Chapter 23, Article XII (Art in Public Places), requires any art project with a cost of $10,000 or more be approved by City Council, after the project has been reviewed and voted on by the APP Board and before going to contract. The APP Board is requesting this threshold be increased to $60,000. The threshold has not changed since the APP program’s inception in 1995. Given inflation and increases in the City’s purchasing threshold over the years, this is a much needed change that will more efficiently utilize limited staff resources. The APP Board is also requesting this budget threshold be reviewed every five years to remain in alignment with the City Purchasing Code. The City’s Director of Purchasing has recommended the APP program budget threshold increase to $60,000 to be consistent with existing Purchasing Code exemptions, including City Code Chapter 8, Article IV, Section 8-161(a) (1), which authorizes the Purchasing Agent to negotiate without formal competition the purchase of materials, professional services, services or construction not to exceed $60,000 per project. FINANCIAL / ECONOMIC IMPACTS Implementing this modification would change the City Code to state that the APP Board would make recommendations to the City Council concerning the use of funds in excess of sixty thousand dollars ($60,000) for the acquisition, installation, donation, and maintenance of works of art. Projects approved by the APP Board that involve sixty thousand dollars or less will be submitted to the Purchasing Agent for contracting, without going to the City Council. Agenda Item 9 Item # 9 Page 2 BOARD / COMMISSION RECOMMENDATION At its March 26, 2014 meeting, the APP Board discussed this City Code revision with Councilmember Overbeck. The APP Board sent a memo to the Mayor and Councilmembers on June 10, 2014, recommending the Code change (Attachment 1). ATTACHMENTS 1. Art in Public Places Board Memo, June 10, 2014 (PDF) 1 Cultural Services Art in Public Places Lincoln Center 417 W. Magnolia St Fort Collins, CO 80521 970.416-2789 970.221-6373 – fax www.fcgov.com/artspublic Date: June 10, 2014 To: Mayor and Councilmembers From: Liz Good, Chair, Art in Public Places Board Purpose: Art in Public Places City Code Revision Dear Mayor and Councilmembers, As active members of the Art in Public Places (APP) Board and involved citizens in the Fort Collins community, we want to thank you for your support of the City of Fort Collins’ Art in Public Places program. At the March 26, 2014 meeting, Council Liaison Bob Overbeck joined the APP meeting to get input from the Board members. Discussion was had regarding raising the threshold for APP projects that go before City Council. • The APP Board requests the amount at which art projects require City Council approval be raised from $10,000 and above to $60,000 and above. Currently, the Art in Public Places ordinance requires art projects that are $10,000 or more be approved by resolution by City Council before going to contract. The APP Board is requesting this threshold amount be increased, as it hasn’t changed since the program’s inception in 1995. Given inflation and increases in the City’s purchasing threshold over the years, this is a much needed change. We also request that this budget threshold be reviewed every five years to remain in alignment. City Council would still review the large, impactful projects. With input from Gerry Paul, Director of Purchasing, the threshold is suggested to be increased to $60,000, to be consistent with other Purchasing Code exemptions. The Purchasing Code authorizes the Purchasing Director to negotiate without formal competition the purchase of materials, professional services, services or construction not to exceed $60,000 per year. The APP Board also looks forward to continuing our conversation with Councilmember Overbeck on ways to increase support and forward the goals of the Art in Public Places program. Some of these topics include how the General Fund can support special gateway projects, increase staff hours enabling further outreach to raise public awareness and involvement and to implement special projects, and expanding APP’s role with private development. Thank you for considering our request to increase the threshold requiring City Council approval on art projects. Should Council support this effort, we will work with the appropriate City staff to prepare an Ordinance change to be brought to City Council for approval. - 1 - ORDINANCE NO. 101, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE XII OF CHAPTER 23 OF THE CITY CODE RELATING TO ART IN PUBLIC PLACES WHEREAS, on April 25, 1995, the City Council adopted Ordinance No. 020, 1995, establishing the Art in Public Places (APP) Program, adopting the Art in Public Places Guidelines, and setting goals and requirements for the acquisition, maintenance and exhibition of public art by the City; and WHEREAS, On April 7, 1998, the City Council adopted Ordinance No. 047, 1998, which reenacted the APP Provisions of the City Code with certain modifications; and WHEREAS, Section 8-161(a) of the City Code currently authorizes the Purchasing Agent to negotiate and contract for purchases of materials, professional services, and construction costing sixty thousand dollars or less without first submitting such purchases for City Council approval; and WHEREAS, City staff is proposing an amendment to the APP provisions in Article XII of Chapter 23 of the City Code to align the APP purchasing threshold with purchasing exemptions elsewhere in the City Code; and WHEREAS, the proposed amendment would increase the threshold for which City Council approval is required prior to contacting for certain APP projects, increasing it from $10,000 to $60,000; and WHEREAS, the Council desires to amend Article XII of Chapter 23 of the City Code as provided herein to align the APP purchasing threshold with purchasing exemptions elsewhere in the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 23-308 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-308. Acquisition of works of art. The APP Board shall make recommendations to the City Council concerning the use of funds in excess of ten thousand dollars ($10,000.) sixty thousand ($60,000) for the acquisition, installation and maintenance of works of art. The construction project from which the 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 and the placement of works of art. The selection committee may include artists, architects, City representatives and members of the public. - 2 - Introduced, considered favorably on first reading, and ordered published this 15th day of July, A.D. 2014, and to be presented for final passage on the19th day of August, A.D. 2014. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of August, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk