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HomeMy WebLinkAbout020 - 04/25/1995 - AMENDING CITY CODE TO ESTABLISH THE ART IN PUBLIC PLACES PROGRAM AND ADOPTING GUIDELINES ORDINANCE NO. 20, 1995 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. 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 amended by adding thereto a new Article IX, to read as follows: ARTICLE IX.ART IN PUBLIC PLACES See. 23-301. Purpose. The City of Fort Collins 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: A. To enrich the public environment for both residents and visitors through the visual arts. B. To increase public access to works of art and to promote understanding and awareness of the visual arts in the public environment. C. To promote a variety of artistic expression in the community. D. To contribute to the community's civic pride in its cultural diversity. E. To support visual art. 1 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. Sec. 23-302. Definitions. The following words,terms and phrases, when used in this Article, shall have the meaning ascribed to them in this Section: 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 (or APP) shall mean any visual work of art displayed on a temporary or permanent basis 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. CRB shall mean the city of Fort Collins Cultural Resources Board. 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. 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, monument, mural, fresco, relief, painting, fountain, banner, mosaic, ceramic, weaving, carving or stained glass. "Work of art" 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 Art in Public Places Reserve Account. Said reserve account shall be credited with such funds as the City Council may determine; with all funds 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 2 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 Art in Public Places 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 the City Code on the-purposes for which monies- in the-Light and Power fund; the Sewer fund; the Water fund or the Storm Drainage fund may be used shall not prohibit the use of monies in the Art in Public Places 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. 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. Money collected in the Art in Public Places Reserve Account shall be expended by the city for projects as prescribed by the Art in Public Places 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. Sec. 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. 3 Sec. 23-307. Adi istration. The Director of Cultural,Library, and Recreational Services shall administer the provision of this Article and promulgate reasonable rules and regulations for its implementation. Such administration shall include the preparation, for Council approval, of Art in Public Places Guidelines to carry out the city's Art in Public Places Program. 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 donation of works of art; and for 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 Art in Public Places Board. Section 2. That the Art in Public Places Guidelines,on file in the office of the City Clerk and incorporated herein by this reference, are hereby approved. Section 3. On or before April 1, 1998, City staff shall conduct a public outreach process to determine the public's opinion of the Art in Public Places program and shall present the results of this process to the City Council for its consideration. Unless extended by the Council by Ordinance the provisions of this Ordinance shall be null and void and of no further force and effect after April 1, 1998. Introduced, considered favorably on first reading, and ordered published this 21st day of March, A.D. 1995, and to be presented for final passage athe5 of April, A.D. 19 '-Mayor AT T EST: _j Clerk U Passed and adopted on final reading this 25th day of April 19 t mayor ATTEST: _ %'�e �> rk 4 EXHIBIT A CITY OF FORT COLLINS ART IN PUBLIC PLACES GUIDELINES The following guidelines provide a framework for the implementation and administration of the City's Art in Public Places program. I. DEFINITIONS A. "Art in Public Places" shall mean any visual work of art displayed on a temporary or permanent basis 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. B. "Work of art" shall mean and include,but is not limited to, a sculpture, monument, mural, fresco, relief, painting, fountain, banner, mosaic, ceramic, weaving, carving and stained glass. "Work of art' shall not include landscaping, paving, architectural ornamentation or signs, except when commissioned from an artist selected by the City. C. "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. II. PURPOSE The City of Fort Collins recognizes that art is vitally important to the quality of life of the citizens of the City. This ordinance is intended to encourage and enhance artistic expression and appreciation and to add value to the community through acquiring, exhibiting and maintaining public art. III. GOALS Principal goals of the Art in Public Places Program are: A. To enrich the public environment for both residents and visitors through the visual arts. B. To increase public access to works of art and to promote understanding and awareness of the visual arts in the public environment. C. To promote a variety of artistic expression in the community. 1 C. To promote a variety of artistic expression in the community. D. To contribute to the community's civic pride in its cultural diversity. E. To support visual art. IV. ACQUISITION OF WORKS OF ART The APP Board, with the assistance of the APP Coordinator,will make recommendations to the City Council concerning the use of reserve account funds 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 Council determines such expenditure is appropriate. Once the City Council selects an APP project and sets aside funds within the reserve account, the process described below will be used to complete the project. The Board may appoint a selection committee to make recommendation-, to the 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. V. PROCESS TO BE USED TO SELECT WORKS OF ART AND ARTISTS The APP Board, or a committee appointed to make recommendations to the Board, may select or make recommendations of artists, works of art, and the placement of works of art by using one, or a combination of the following processes: A. Open competition is the process in which entries will be solicited from artists within the geographic area set by the APP Board. The APP Board may solicit entries from local artists and from regional, national and international artists. B. Invitational entry is the process whereby the Board will pre-select a group of artists who will be invited to submit proposals for a project. This method will be used when a specific type, theme or media of artwork is desired. C. Direct purchase is the process that will be used to acquire an existing work of art. This method will be used when a specific piece of existing art is desired for a project. The procurement of artists' services or of works of art shall be done in accordance with the requirements of the City's Purchasing Code (Sections 8-110 - 8-206). 2 VI. SELECTION CRITERIA The APP Board shall select, or its appointed selection committee shall make recommendations for the selection of works of art, artists, and/or sites for placement of works of art by using the following selection criteria. A. Work of Art Criteria - The following criteria shall be used in the selection of works of art. A detailed entry form that outlines the selection process and necessary requirements for submission will be made available to artists for all projects. (The following are not listed in order of importance.) 1. Artistic excellence and technical competence of previous work as illustrated in an accurate representation of the work of art such as slides, photographs, videos, etc. 2. Creation of a balanced inventory of Art in Public Places to ensure a variety of style, design, media, and cultural diversity throughout the community. 3. Suitability of the work of art to the site, including form, content, scale and materials. 4. Evaluation of the proposed materials in regard to structural and surface integrity, protection against theft, vandalism, and weather. 5. Safety and maintenance considerations. B. Artistic Criteria - (For use when artists will be selected to work with architects/engineers) The selection of an artist for the APP project shall be based on artistic excellence and technical competence of works by the artist to be reviewed from accurate representations of such works in slides, photographs, videos, etc. C. Placement Criteria- The following criteria shall be used by the APP Board in the placement of works of art. It is the role of the APP Board to determine the relative importance of each of the criteria listed below for a given proposal. (The following are not listed in order of importance.) 1. Relationship of artwork to the physical dimensions, social dynamics, local character and surrounding context of the site,existing or planned. 2. Visibility of the site by the general public. 3. Public Safety. x 4. Interior and exterior vehicular and pedestrian traffic patterns. 5. Site design including landscaping, drainage, grading, lighting and seating considerations. 6. Relationship of proposed artwork to existing artworks within the site vicinity. 7. Environmental impact such as noise, sound, light and odor. 8. Public accessibility to the art work, including access by persons with disabilities. 9. Impact on adjacent property owners. (views, etc.) 10. Impact on operational functions (snow plowing, etc.,) of the City. 11. Possibility of vandalism. 12. Cost of development/installation. 13. Compatibility of the design and location with the historical character of the site. VII.ACQUISITION OF DONATED ARTWORK All works of art donated to the City of Fort Collins to be placed in a public area must be approved by the APP Board.The City shall accept ownership and responsibility for maintenance only of works of art that meet the objectives of the Art in Public Places Program. The work of art must also meet the criteria for works of art and site selection set forth in these guidelines. Funds for the installation and maintenance of donated works of art will come from the APP reserve account. VIII.INSTALLATION At the time of lease or acquisition, whether by donation, purchase, or otherwise, the project budget must cover costs of installation which may include: A. Pedestal or other display components. B. Site development/installation. C. Identification plaque. 4 IX. CONTRACTS Following the selection by the APP Board, and after approval by City Council, the artist or donor of the workof art shall enter into a written agreement with the City of Fort Collins-concerning the sale, lease, or donation of the work of art and concerning such other matters as the City deems necessary. All contracts, as to form, shall be subject to approval by the City Attorney. The completed and approved contract shall be filed with the City Clerk. X. USE OF RESTRICTED FUNDS A. Some funds in the APP Reserve Account may have restrictions on their use. For example, Utility funds must be used for the benefit of the utility rate payer and Parkland funds must be used for park purposes. The APP Board will use restricted funds only for works of art that satisfy the fund's restrictions. B. In selecting works of art to be acquired with restricted funds,the following priorities shall be used to the extent permitted by the fund's restrictions: 1. First priority shall be to include the work of art in the construction project that contributed the funds to the APP program. 2. Second priority shall be to select a work of art that is related to and logically connected with 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 restricted funds for appropriate projects identified in the City's Public Art Plan. XI. ENCOURAGING DONATIONS FOR PUBLIC ART A. The APP Board shall use a portion of the APP Reserve Account funds to promote and publicize the APP Program and to encourage donations of money for public art. B. The APP Board shall use a portion of the APP Reserve Account funds as incentive money to match donated money for public art. C. The staff shall work with the City's Community Planning and Environmental Services Department to explore changes to the City's Land Development Guidance System(LDGS) to provide incentives under the LDGS for including works of art in their developments. 5