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HomeMy WebLinkAbout047 - 04/07/1998 - AMENDING THE CITY CODE TO ESTABLISH THE ART IN PUBLIC PLACES PROGRAM AND ADOPTING THE ART IN PUBLIC 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 IX, establishing the Art in Public Places Program, provided for the discontinuance of the Program on April 1, 1998, 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 Sec. 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 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 APP 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 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 fund 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. Money 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. 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. 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. Sec. 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 often 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. Section 3. That the City Manager is hereby directed to work with the Art in Public Places Board to investigate and consider mechanisms for encouraging and facilitating the development of art in the neighborhoods of the city, and to report to the Council with related recommendations, if any, on or before December 31, 1998. Introduced, considered favorably on first reading, and ordere�d.published this 17th day of March, A.D. 1998, and to be presented for final passage on the_�i�da `of April, A 998. y ATTEST: AkXL)�� City Clerk 5 Passed and adopted on final reading this 7th day of Apr�'A-.� 1998. a ATTEST: City Clerk 6