Section 103-135 Policy Res. 47-02A; Establishing Policies for the City's Percent for Art Program

Council Bill No.          PR 47-02A          


        establishing policies for the City’s Percent for Art Program.

    WHEREAS, the City Council by Policy Resolution PR 70-97 created a Percent for Art Program in order to commission art for placement throughout the City in public places for the beautification, enhancement and benefit of the City; and

    WHEREAS, the experience gained with the program over the past several years suggests the program and its administration could be improved.


    SECTION 1.  Policy Resolution PR 70-97 is hereby repealed and replaced with this resolution.

    SECTION 2.    Where fiscally appropriate and legally permissible, the City shall set aside one percent (1%) of the cost of all above ground capital improvement projects which exceed $1,000,000 (including costs for architects and engineers but excluding land costs) to fund the creation and placement of public art according to the guidelines set out in this resolution.

    SECTION 3.  For purposes of this resolution, “capital improvement projects” mean the following:

    a.    construction of buildings and structures such as City offices, administration buildings, fire and police stations, airport terminals, recreation centers.

    b.    construction or expansion of utilities such as power plants, electric substations, water plants and above ground reservoirs, water towers, waste water treatment plants, bus stations, parking structures and lots.

    c.    construction or renovations to maintenance facilities for public works and utilities, recycling centers and transfer stations.

    d.    construction, renovations or expansions to parks, playgrounds, swimming pools, trails and playing fields.

    e.    capital improvement projects shall not include: wells, above ground pump stations and lift stations, streets, roads or bridges, lakes, wetland cells, storm water detention facilities or radio towers.

    SECTION 4.  For purposes of this resolution, “public art” includes permanent or portable pieces located on public property, arts integrated into the design of a public facility and garden landscaping.

    SECTION 5.  Where feasible, amounts set aside for public art in connection with a capital improvement project shall be spent on public art which enhances the project and funds set aside for public art from a utility shall be spent on art which enhances the utility.  No more than three public art projects shall be initiated during any one fiscal year.  Each fiscal year an adequate amount shall be budgeted for the maintenance of existing public art.

    SECTION 6.  There is hereby established a Commission on Cultural Affairs Standing Committee on Public Art.  The Committee shall consist of two members of the Commission on Cultural Affairs chosen by that Commission, one of whom shall serve as chair; a member of the Planning and Zoning Commission chosen by that commission; and two artists and one member of the business community appointed by the City Council. Current members of the Standing Committee on Public Art shall continue serving on the Committee until June 30, 2002. Thereafter, members  shall serve three years staggered terms.  In order to establish staggered terms, the Commission on Cultural Affairs shall appoint to the Standing Committee on Public Art one of its members to serve a three year term and another of its members to serve a one year term beginning on July 1, 2002.  The Planning and Zoning Commission shall appoint one of its members to serve a two year term on the Standing Committee beginning on July 1, 2002.  The City Council shall appoint to the Standing Committee on Public Art for terms beginning on July 1, 2002, one member to serve a three year term, one member to serve a two year term and one member to serve a one year term.  After initial appointments, all members shall be appointed for three year terms, except that appointments to fill vacancies shall be for unexpired terms only. Members shall serve until their replacements are appointed.

    In addition to the regular members of the Standing Committee, up to three temporary additional members may be appointed for any specific public art project to serve until the public art work has been accepted by the City.  The Commission may appoint two of the additional members; one shall be a representative of the neighborhood for the proposed site and the other shall be an appropriate artist/expert.  At the request of the Commission, the City Manager may appoint as one of the additional members a representative of the appropriate City department.

    The Committee shall receive City staff assistance as directed by the City Manager.

    SECTION 7.  The City Manager and staff shall use the following process when recommending Percent for the Arts Projects:

    a.    The City Manager shall indicate on the Capital Improvements Plan submitted in the proposed annual budget those projects which meet the general criteria for Percent for Art.

    b.    The Capital Improvements Plan shall be forwarded to the Cultural Affairs Commission and Standing Committee on Public Art for their recommendations and priorities, which shall be forwarded to the City Council.
    c.    The City Council, by resolution, shall determine which CIP projects shall have a Percent for Art component and will authorize City staff to begin developing the public art component.

    SECTION 8.  The final decision as to the type of art, location of the art, the work of art to be commissioned and the cost of the art shall rest solely with the City Council.

    ADOPTED this 4th day of March, 2002.