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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/19/2014 - SECOND READING OF ORDINANCE NO. 101, 2014, AMENDINAgenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY August 19, 2014 City Council STAFF Ellen Martin, Visual Arts Administrator SUBJECT Second Reading of Ordinance No. 101, 2014, Amending Article XII of Chapter 23 of City Code Relating to Art in Public Places. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 15, 2014, amends 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 $30,000. During First Reading, Council changed the threshold amount from $60,000 to $30,000. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First REading Agenda Item Summary, July 15, 2014 (PDF) Agenda 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. ATTACHMENT 1 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 - 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, 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 $30,000; 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 thirty thousand ($30,000) 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