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HomeMy Public PortalAboutORD14944 BILL NO. 2011-166 SUBSTITUTE SPONSORED BY COUNCILWOMAN Carroll ORDINANCE NO. l 1� AN ORDINANCE AMENDING CHAPTER 25 (PLANNING AND DEVELOPMENT), OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY CREATING A NEW ARTICLE Vl (PUBLIC ART AAA POLICY). BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1.Chapter 25 (Planning and Development) is hereby amended by the addition of a new Article VI (Public Art Policy) as follows: ARTICLE Vl. PUBLIC ART POLICY Sec. 25-200. Purpose. The purpose of this section is to create a plan to enrich the lives of local citizens and visitors by integrating public art into City planning services, design maintenance and infrastructure and thereby enhancing the aesthetic environment of public places within the City through engaging, unique and high qualitv public artworks and by building awareness of community history,identity,cultures and geography. Sec.25-200. Funding. It is intended that the funding for the Public Art Policy shall be through private donations, grants and fundraisers facilitated by the Jefferson City Cultural Arts Commission. Sec. 25-202. Definitions. A. "Condition Assessments" shall mean Inspections of artwork including information on the present location the current condition and the treatment or maintenance needed. B. "Deaccession" shall mean removing a work from the City's collection by selling. donating or destroving it. C. "Gift"shall mean personal or real property that is donated to the City for actual artwork property for placement of artwork or funds for the acquisition of artwork. D. "Loan" shall mean a work of art given for use over a period of time, to be returned to the owner at the end of the use period." Added text shown as thus Bill 2011-166 SUBSTITUTE—Page I Deleted test shown as thus SUBSTITUTE E. "Maintenance" shall mean regular routine inspection and care of artwork, such as cleaning and applying protective surface coatings. F. "Public art"shall mean a product of creativity that is publicly accessible,enriches the city and evokes meaning considering the site, the context and the intended audience. Public art may possess functional as well as aesthetic qualities: it may be integrated into the site or a discrete work and it may include permanent visual art installations,as well as other temporary works. G. "Public art project" shall mean the purchase, lease or construction of "Public Art' utilizing funds from the City of Jefferson. H. 'Inherent flaw" shall mean any quality within the material or materials incorporated into the artwork which either alone or in combination result in the deterioration of the artwork. Sec.25-204. Application. The procedures identified in this Article shall apply to all artwork commissioned through the Cultural Arts Commission, gifts and donations of public artwork to the Citv and the planning, purchasing, commissioning, handling, conservation and maintenance of public artwork under the jurisdiction of all City departments. Any agreements the City of Jefferson develops with site owners, site managers and other partners for public art projects shall be consistent with these policies. Sec. 25-206. Responsibility of the Cultural Art Commission. A. The Cultural Arts Commission shall work in partnership with all Citv departments in the implementation of the planning, commissioning, acquisition, handling, conservation and maintenance of all public art and public art projects. B. The Cultural Arts Commission shall create an Art Master Plan for the city. C. The Cultural Art Commission shall review all proposed public art promects, artist selection gifts or loans of public art, and deaccession and removal requests prior to their submission to the Citv Council and shall make recommendations regarding public art and public art projects. D. Cultural Art Commission members shall not recruit applicants or submit applications for projects. Individuals shall refrain from giving advice to applicants or answering their questions. and direct such questions to the Cultural Art Commission. Sec.25-208. Responsibility of City Departments. A. City Departments may recommend projects to the Cultural Art Commission for possible funding and may also include proposing sites and funds in their capital improvement plans. Any such proposal placed in a capital improvement plan shall be subject to this article. B. Nothing within this article shall be construed to alter, direct, control, impose, restrict, or interfere with the development, operation, management, and maintenance of lands, facilities or programs Added text shown as thus Bill 2011-166 SUBSTITUTE—Page 2 Deleted text shown as thus which are under the supervision of the Parks and Recreation Commission. The Parks and Recreation Commission may elect to cooperate with or seek the non-binding advice of the Cultural Arts Commission relative to placement and programming of public art within its programs or managed properties but final approval will remain the responsibility of the Parks and Recreation Commission. Sec. 25-210. Project and site section. A. Prior to the funding of any Public Art Project. the Cultural Art Commission shall review the Proposal and make a recommendation to the City council whether to fund the proiect or not. B. The Public Arts Commission shall follow all city purchasing rules for the application and selection of artists and art projects. C. In determining which projects to support.the Cultural Art Commission shall: I. Attempt to balance projects across wards and neighborhoods. 2. Educate ON staff and partners about public art and its important role in public infrastructure and planning. 3. Use public resources wisely and leverage financial support for public art from multiple sources and develop public art that is sustainable. 4. Foster a competitive application environment that results in strong proposals from artists and high quality works of art for the City. 5. Conduct artist selection early in the project to maximize the artist's impact on the proiect. 6. Create opportunities for a wide range of artists including those who are emerging and established. 7. Foster the development of design teams who support artists and select artists who are compatible with the other team members. 8. Select artists who understand the community in which they will be working. 9. Attempt to keep application and design costs low and reasonable. 10. Support an efficient workload for staff,artists and design teams. D. The Cultural Arts Commission shall evaluate projects utilizing appropriate criteria which shall include the following criteria: 1. The proposed project stimulates excellence in design and public arts. 2. The proiect enhances community identitv and place. 3. The project contributes to community vitality. 4. The project involves a broad range of people and communities. 5. The proiect values artists and artistic processes. 6. The project uses resources wisely. 7. The project location is identified on the public art master plans adopted by the Cultural Arts Commission. Added text shown as thus Bill 2011-166 SUBSTITUTE—Pae 3 Deleted text shown as thus SUBSTITUTE 8. This project involves a commission by artists or commissions for artists to serve on design teams for Citv infrastructure and plans. 9. The project is an initiative from the for-profit sector needing technical assistance in developing an artwork on public property or private property in public view. 10. The project involves maintenance of existing works of public art. 11. The project develops sustainable Public Art with maintenance requirements that can be realistically maintained by the Citv. E. The Cultural Arts Commission shall evaluate artists and or teams to be used on projects utilizing appropriate criteria which shall include the following criteria: 1. Which artist is available to work with the design team no later than the very early stages of the design phase. 2. Which artist will stimulate excellence in urban design and public arts. 3. Which artist will enhance community identity and place. 4. Which artist will contribute to community vitality. 5. Which artist will involve a broad range of people and communities. 6. Which artist will value artists and artistic processes. 7. Which artist will use resources wisely. F. All installation of proposed public art shall be reviewed and approved by certified structural engineers. When an artist is commissioned to fabricate an artwork, this review may be at the artist's expense. Sec.25-212. Conservation Treatment and Maintenance. A. The obiective for conservation treatment and maintenance of Public Art Works shall be: 1. To inspect the condition of City-owned public artwork on a regular basis; 2. To clean and provide other appropriate routine maintenance to public artwork: 3. To insure timely conservation of public artwork; 4. To integrate longevity and maintenance considerations into artist's plannine. 5. To establish a treatment and maintenance program for public art with regular procedures, agreements and documentation; 6. To educate public emplovees about public art and its important role in public infrastructure and planning; 7. To use public funds wisely by avoiding costly conservation expenses resulting from neglect; and 8. To leverage private and volunteer support for maintenance of public art,whenever possible. B. The general policies for conservation treatment and maintenance shall be: 1. Art works shall be efficiently maintained and preserved in the best possible condition. Added text shown as thus Bill 2011.166 SUBSTITUTE—Page 4 Deleted text shown as thus 2. The City shall seelc to assure continuing access to artwork by the public, although the City may limit availability due to circumstances such as funding, public safety,display space and deaccession. C. The Cultural Arts Commission shall have the final authority in decisions regarding conservation of public art. City staff shall oversee the conditional assessment, treatment, maintenance, disposition and relocation of artwork, working in collaboration with arts professionals, professional arts conservators, city staff, and other individuals familiar with art materials, fabrication methods, and the artistic intent shall inspect and evaluate artwork. Sec.25-214. Inventory of Public Art. A. The objective of this section is to document the City's ownership of artworks; to review all artworks prior to acceptance and ensure they are completed in accordance with the project goals and appropriate agreements; to confirm agreement among all partners that artworks are complete and all parties have fulfilled their responsibilities; to acknowledge the transfer of insurance liabilities to the City. B. The Cultural Art Commission shall inventory all Public Art and shall provide regular, thorough, condition examinations,which include the present locations and conditions of artwork,as well as cost estimates for treatment and maintenance. C. For each Public Art,the Cultural Arts Commission shall assign a life span which generally estimates the period of time the city intends to keep and maintain the Pubic Art. E. This life span shall be selected from one of four categories: 1. Temporary-up to 5 years. 2. Mid-span-up to 15 years, 3. Long term-up to 50 years, 4. Permanent or site integrated-part of site/structure and cannot be removed. Sec.25-216. Maintenance of Public Art. A. The Cultural Art Commission shall recommend ways to implement a maintenance schedule for public art. B. Any agreement for the funding of a Public Art Project shall be by written agreement that shall include the following: 1. A provision that the area surrounding the artwork is clean and groomed but protected from maintenance equipment,such as mowers and plows. 2 A provision that the commissioned artists shall be responsible for the cost and execution of repairs related to anv defects in workmanship or inherent flaws in artwork. 3 A provision that commissioned artists consult with the Cultural Arts Commission and/or an art conservator and all other appropriate partners on a maintenance plan for each new artwork. That maintenance plans shall include documentation of materials used to fabricate Added text shown as thus Bill 2011-166 SUBSTITUTE—Pme 5 Deleted text shown as thus SUBSTITUTE the artwork and a reasonable annual budget for maintenance. Artwork that includes landscaping as an integral part shall include a maintenance plan for the landscaping elements as well. Maintenance plans for new works shall be reviewed and approved by the Cultural Arts Commission overseeing the development of artwork. C. Treatment and maintenance plans for existinIZ artwork shall be developed bv the responsible department or agency as treatments and repairs are applied. A maintenance plan shall include detailed specifications for monthly maintenance, winter maintenance, maintenance of plantings (if applicable),annual routine maintenance,other periodic maintenance and a long-term prognosis. D. All artwork must have a treatment and maintenance plan that projects both staff time and funding needs. E. Funding for Conservation Treatment and Maintenance 1. Cultural Arts Commission Budget. The Commission shall allocate funding treatment and maintenance costs for artwork generated through this policy. The fund shall address increases to the City's collection of public artwork. 2. Other City Departments and Agencies. All requests for Artwork shall be authorized by the Commission. However, these entities shall be responsible for funding repairs to any artwork damaged by their staff or equipment (i.e., mowers and plows) while working in adjacent areas. 3. Gifts. The Citv shall only accept artwork as gifts and loans of public art if an annual maintenance for such artwork is donated or otherwise funded for the life span of the artwork. Sec. 25-218. Gifts and Loans A. The objective of the City in accepting gifts and loans of Public Art shall be to foster a gift and loan program that results in high quality works of art for the City, accept artworks that enhance communities,and to keep the application process as clear and simple as possible. B. Anv offer of a gift shall be reviewed by the Cultural Arts Commission before acceptance by the City Council or Citv Administrator. The Cultural Arts Commission shall recommend whether the City should consider the art to be a gift to the city or a loan to the city. If the commission votes in favor of considering the work of art, then the Commission works with the donor to bring a full proposal before the City Council. C. In the case of offers of gifts and loans to the City for public art that is in the design phase and have not vet been created the Cultural Arts Commission shall make a recommendation to the Citv Council regarding acceptance of the public art. D. Gifts and Loans of Public Artwork shall only be accepted if there are sufficient funds available that are dedicated to maintenance of the public art. See.25-220. Deaccessioning of Gifts and Loans. A. Public Art may be reviewed by the Cultural Arts Commission every rive years, based on the Citv's deaccession policies. Added text shown as thus Bill 2011-166 SUBSTITUTE—Page 6 Deleted text shown as thus B. Life spans that have been assigned to the work during the commissioning process shall be taken into consideration as part of requests for deaccession or removal. For artworks that have not been assigned a life span, the Cultural Arts Commission may engage experts to assist in assigning the artwork a life span, based on the life expectancy of the artwork's materials and fabrication methods. C. City Staff may recommend deaccession of Public Art to the Cultural Arts Commission for consideration. The Cultural Arts Commission shall consider the request and after considering the life span of the Public Art make a recommendation to the Citv Council. The Citv Council shall have the authority to determine whether to grant the request. Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: C L2f� ,� �� Approved: el- Presiding Offic r Mayor ATTEST: APPRO D AS TO FORM: City Clerk Interim City Counselor Added text shown as thus Bill 2011-166 SUBSTITUTE—Page 7 Deleted text shown as thus