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HomeMy WebLinkAbout2019-01-18 Public Arts PACKET PUBLIC ARTS COMMISSION REGULAR MEETING January 18, 2019 AGENDA I. CALL TO ORDER: 8:00 AM, Lithia Room, 51 Winburn Way II. INTRODUCTIONS Official welcome of Jeff Phillips to the PAC III. APPROVAL OF MINUTES A. Public Arts Commission regular meeting of December 21, 2018 IV.PUBLIC FORUM Business from the audience not included on the agenda. V. COUNCIL LIAISON REPORT VI.PROJECT UPDATES Allison MAP Project update o Review of RFQ for artists to design plaques PAC commitment to create RFQ for Hub Sculpture VII. PAC WORKPLAN Final review of Strategic Plan and scheduling of projects Approval of 2019-2021 Strategic Plan VIII. DISCUSSION Review of PAC ordinances IX. ADJOURNMENT Calendar th next meeting February 15 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). B ASHLAND PUBLIC ARTS COMMISSION REGULAR MEETING MINUTES - DRAFT December 21, 2018 CALL TO ORDER: Chair Friend called the meeting to order at 8:02 a.m. in the Siskiyou Room, 51 Winburn Way. Commissioners Present: Staff Present: Sandra Friend Fotini Kaufman, Assistant Planner Richard Newman Allison Renwick Andy Stallman Stanley Smith Absent Members: Council Liaison: Thomas Fuhrmark Stephen Jensen, absent INTRODUCTIONS Jeff Phillips was in attendance. He would be appointed to the Commission at the City Council meeting January 15, 2019. APPROVAL OF MINUTES Public Arts Commission regular meeting of November 16, 2018 Page 1, under PROJECT UPDATES, Allison Historic Markers Project - now Marking Ashland Places (MAP) Project, Commissioner Renwick explained the Joint Committee chose five sites to place plaques in the sidewalk. They had started the request for proposal (RFP) process. Commission comment suggested publicizing in the Ashland Gallery and meeting with the Parks Commission regarding the Hub sculpture. Other comments suggested using COR-TEN steel for the plaques and limiting the number of concept designs. Council Liaison comment suggested a press release. The Joint Committee would add time t to started the request for proposal (RFP) process. Commission comment suggested publicizing in the Ashland Gallery Guide and meeting with the Parks Commission regarding the Hub sculpture. Other comments suggested an option of using COR-TEN steel for the plaques. The Commission wanted to limit the number of design concepts requested Page 2, under DISCUSSION ITEMS, Page 2, under DISCUSSION ITEMS, add Commissioners Stallman/Renwick m/s to approve the minutes of the Regular meeting November 16, 2018 as amended and clarified. Voice Vote: all AYES. Motion passed. PUBLIC FORUM - None Ashland Public Arts Commission December 21, 2018 Page 1 of 3 COUNCIL LIAISON - None PROJECT UPDATES Review of Marking Ashland Places (MAP) RFQ The request for qualification (RFQ) was being developed. The Commission would review the final document. Marking Ashland Places (MAP) Update There was no longer a deadline. The project would have a minimum of eight phases. It would be budget driven. PAC WORK PLAN Review and modifications The Commission reviewed the 2019-2021 Public Arts Commission Goals and Strategies and made the following changes: Goal 1 Complete Current Projects The Commission deleted Objective 4. Objective 3 was changed from Begin Phase 3, Marking Ashland Places to Complete all remaining phases of Marking Ashland Places. No changes to Objective 1. Goal 2 Expand the Awareness of Public Art The Commission moved the strategies under Objective 3 to Objective 2 and deleted Objective 3. They added a second strategy to Objective 2: Objective 2 Create a framework for disseminating public art information o Strategy 1 PAC Council liaison to do informationals at Council meetings o Strategy 2 Define the platforms Goal 3 Strengthen Relationships with other Commissions/Organizations Objective 1 Identify opportunities to expand communication and work with other Commissions and organizations o Strategy 1 Work with the Ashland Parks Commission to locate Hub sculpture in the Historic Railroad District The Commission would define the project and create the intent for the Hub sculpture. They would make a presentation on the MAP project and the Hub sculpture to the Parks Commission. The Public Arts Commission representatives on the MAP Team would work with Councilor Jensen on the presentation to the Parks Commission. There were no changes to Strategy 2. Goal 4 Review, Update and Expand PAC Processes There were no changes to Objective 1. The Commission made the following changes: Objective 2 Formalize a Final Project Review Process for all Public Art Installations The Commission would define the fabrication review process to ensure compliance with the accepted design. It would Objective 4 and Strategy 1 were changed to include artist identification: Objective 4 Create new Artist Identification Plaque Design Standards for public art installations o Strategy 1 Identify and fund a designer/fabricator to create the new Artist Identification Plaque Design and Materials Standards o Strategy 1 Develop a plan The Commission changed Goal 4 Review, update and expand PAC Processes to Goal 2. The original Goal 2 Expand the Awareness of Public Art was renumbered to Goal 3. Goal 3 Strengthen Relationships with other Commissions/Organizations was renumbered to Goal 4. Ashland Public Arts Commission December 21, 2018 Page 2 of 3 Goal 5 Identify Locations and Opportunities for Future Public Art Projects No changes Goal 6 Secure Additional Funding for Public Art Projects Objective 1 Investigate public/private partnerships Commissioner Renwick suggested contacting the owners by an art site to see if they would contribute the installation cost. The Commission was interested in exploring the matter further. Goal 7 Support public art opportunities for regional public artists Objective 1 Explore the validity of creating RFQ/RFP workshops o Strategy 1 Objective 2 Support pop-up public art opportunities o Strategy 1 Develop plan including dates, locations, timeline, publicity and funding sources for a pop-up event o Strategy 2 Plan artist talks in conjunction with pop-up event Once he was appointed, Mr. Phillips volunteered to work on the objectives under this goal. Add dates to begin each Strategy Item postponed until the Strategic Plan was reformatted. Chair Friend would reformat the Strategic Plan and work with the Commission to assign tasks and dates. It would come back in January 2019 for approval by the Commission. DISCUSSION ITEMS Velocity Update Public Works Superintendent Mike Morrison regarding the sculpture sagging. A welder would inspect the sculpture December 27, 2018. Once that occurred, they would look into solutions. Dana Bussell The Commission discussed ways of honoring former Commissioner Bussell. Ms. Kaufman would research what the City did for commissioner recognition. ADJOURNMENT Meeting adjourned at 9:33 a.m. ANNOUNCEMENTS & INFORMATIONAL ITEMS: Next meeting: January 18, 2019, at 8:00 a.m. Submitted by, Fotini Kaufman Assistant Planner Ashland Public Arts Commission December 21, 2018 Page 3 of 3 G 2021 F 2020 E qtr4 D qtr3 C qtr2 B qtr1 2019 in Historic Railroad District in the Historic District Marking Ashland Places A Marking Ashland Places Marking Ashland Places Review and comment on RFQ for plaque artistProvide additional assistance as requested including forwardingBased on the project intent developed for the hub sculpture, Utilize the process described in the RFQ to identify an artist, Identify and fund a designer/fabricator to create Plaque Design and Begin Phase 2, Complete all remaining phases of Review and improve verbiage/terminology in RFQ templateCreate new design standards for plaques installed with public art projects Referencing Corridor RFQ, Identify mis-understandings that Research RFQ templates from other cities, seeking to improve PACDefine the Fabrication Review Process to ensure compliance with Provide assistance to PAC/HC MAP Project team during the process to Assist the MAP Project team in acquiring the Hub sculpture Complete Phase 1, Formalize a Final Project Review Process for all public art installations template Materials Standards Strategy 1 Objective 1Objective 2 2019-2021 PUBLIC ARTS COMMISSION GOALS AND STRATEGIES Goal 1 Complete Current Projects acquire plaques for Railroad District sites the recommendation of the Selection Panel to the City Council Strategy 1 create an RFQ commission two concepts, activate a Selection Panel to provide a recommendation, seek approval by the Council, work with the artist to construct, fabricate and install the sculpture Objective 3 Goal 2 Review, update and expand PAC processes Objective 1 Strategy 1 Strategy 2 Strategy 3 Objective 2 Strategy 1 accepted design standards Objective 3 Strategy 1 123456789 101112131415161718192021222324252627282930313233 G 2021 F 2020 E qtr4 D qtr3 C qtr2 B qtr1 value of public art for functional pieces at Council meetings What is public art? Why public art? A informationals Create a framework for disseminating public art informationExpand the awareness of public arts projects PAC Council liaison to do Investigate public/private partnerships Identify sites for public art out of the downtownIdentify sites for public art in the downtown areaWorking with the City Public Works Department, identify opportunities Develop a power point and script on Develop a plan for presentations Work with Ashland Parks Commission to locate Hub sculpture in the Explore opportunities within Ashland Park system \[Lithia Park, Identify opportunities to expand communication and work with other Strengthen relationships with other Commissions/organizations Objective 1 Goal 3 Expand the awareness of public art Objective 1 Develop a visual presentation to communicate the Strategy 1 Strategy 2 Objective 2 Strategy 1 Identify various categories of information to be disseminated Strategy 2 Identify appropriate platforms/individuals for each category of outgoing information Objective 3 Strategy 1 Strategy 2 Goal 4 Objective 1 Commissions/organizations Strategy 1 Historic Railroad District Strategy 2 neighborhood parks\] for public art Goal 5 Secure additional funding for future public art projects Goal 6 Identify locations and opportunities for future public art projects Objective 1 Objective 2 Objective 3 to artistically influence City purchasing standards such as benches, bike racks 343536373839404142434445464748495051525354555657585960616263646566 G 2021 F 2020 E qtr4 D qtr3 C qtr2 B qtr1 A xplore the validity of creating RFQ/RFP workshops Develop structure including partnering organizations, publicity planPlan artist talks in conjunction with pop-up event Support pop-up public art opportunities Utilize a questionaire to determine interest of regional artists in workshop Goal 7 Support public art opportunities for regional artists Objective 1 E Strategy 1 Objective 2 Strategy 1 and funding sources for pop-up events Strategy 2 6768697071727374 Ch. 2.10 Uniform Policies and Operating Procedures | Ashland Municipal Code Page 1 of 8 Chapter 2.10 UNIFORM POLICIES AND OPERATING PROCEDURES FOR ADVISORY COMMISSIONS AND BOARDS Sections: 2.10.005 Purpose 2.10.010 Created or Established 2.10.015 Appointment 2.10.020 Terms, Term Limits and Vacancies 2.10.025 Meetings and Attendance 2.10.030 Removal 2.10.035 Public Meeting Law 2.10.040 Quorum and Effect of Lack Thereof 2.10.045 Council Liaison 2.10.050 Election of Officers, Secretary, and Subcommittees 2.10.055 Role of Staff 2.10.060 Agendas and Minutes 2.10.065 Goals 2.10.070 Rules and Regulations 2.10.080 Code of Ethics 2.10.090 Council as Final Decision Maker 2.10.095 Gifts 2.10.100 Budget, Compensation and Expenses 2.10.105 Reports 2.10.110 Lobbying and Representing the City 2.10.005 Purpose Advisory commissions and boards (advisory bodies) require uniform rules, policies and operating procedures to assure maximum productivity and fairness for members and the public. Except where Ch. 2.10 Uniform Policies and Operating Procedures | Ashland Municipal Code Page 2 of 8 commissions and boards, as well as ad hoc entities. Nothing herein removes the requirement for compliance with more specific regulations and guidelines set forth by state statute, administrative rule, ordinance, or resolution specific to the advisory body. These rules do not apply to the elected Parks and Recreation Commission. (Ord. 3100, amended, 2014; Ord. 3003, added, 02/18/2010) 2.10.010 Created or Established See individual Commission or Board Code Chapters codified between AMC 2.11 and AMC 2.25. (Ord. 3003, added, 02/18/2010) 2.10.015 Appointment See AMC 2.04.090.C. (Ord. 3003, added, 02/18/2010) 2.10.020 Terms, Term Limits and Vacancies All successors to original members of an advisory commission or board, shall have a three (3) year term, except as otherwise provided in the appointment order and except for certain members of the Municipal Audit Commission, as provided in AMC 2.11.015. Notwithstanding the three year limitation, Planning Commissioners shall serve for terms of four (4) years with terms expiring on April 30 of the fourth year, and Budget Committee members not on City Council shall serve for terms of four (4) years, with terms expiring on June 30 the fourth year. All other regular terms shall commence with appointment and shall expire on April 30 of the third year, unless otherwise provided in the appointment order. The appointing authority may stagger terms in the original appointment order as necessary. Members may serve two (2) terms on any single commission or board, after which time the Mayor and Council will give due consideration to other qualified candidates before making a reappointment. Any vacancy shall be filled by appointment by the Mayor, with confirmation by the City Council, for any unexpired portion of the term as provided in AMC 2.04.090.C. (Ord. 3100, amended, 2014; Ord. 3003, added, 02/18/2010) Ch. 2.10 Uniform Policies and Operating Procedures | Ashland Municipal Code Page 3 of 8 2.10.025 Meetings and Attendance A. Unless otherwise provided by law, the number of meetings related to business needs of an advisory commission, or boards may be set by the advisory body. B. The Planning Commission and Budget Committee shall set their own meeting attendance requirements. All members of other Regular or ad hoc advisory bodies must attend at least seventy- meetings in each full year of their tenure. A person removed from the advisory body for noncompliance with attendance requirements subsequently may be appointed to fill the vacancy on the advisory body by means of the normal appointment process of that advisory body. C. A member should provide at least 48-hour notice to both the chair of the advisory body and the staff liaison regarding any planned absence from a scheduled meeting of the advisory body. In the event an unexpected emergency will cause a member to be absent from the meeting, the member must, if possible, notify the chair or the staff liaison within a reasonable time in advance of the meeting. D. Generally, advisory bodies may not allow alternates to represent or stand in for a member at a meeting. Notwithstanding the foregoing preclusion of alternates, on Regular and ad hoc advisory bodies with some members who are appointed by an entity other than the Mayor and City Council and who serve as a representative of the appointing entity, an alternate may participate and vote for the named member by proxy at any meeting of the advisory body. Such participation by the alternate will be deemed to be attendance by the named member. Individuals directly appointed by the Mayor and approved by the Council may not be represented by alternates. E. Each advisory body should review member attendance and report to the City Recorder approximately every six months. City Recorder will advise the Mayor on the need for appointments or re-appointments, if necessary. (Ord. 3100, amended, 2014; Ord. 3003, added, 02/18/2010) 2.10.030 Removal See AMC 2.04.090.F. (Ord. 3003, added, 02/18/2010) Ch. 2.10 Uniform Policies and Operating Procedures | Ashland Municipal Code Page 4 of 8 2.10.035 Public Meeting Law All meetings of advisory commissions and boards are subject to strict compliance with public meeting laws of the State of Oregon. Notwithstanding notice requirements under Oregon law, advance notice of at least 36 hours shall be provided for all meetings. Notice shall be sent to a or when a state of emergency has been declared, notice appropriate to the circumstances shall be provided and reasons justifying the lack of 36-hour notice shall be included in the minutes of such meeting. (Ord. 3003, added, 02/18/2010) 2.10.040 Quorum and Effect of Lack Thereof A meeting quorum shall consist of more than one-half of the total number of authorized members of the body, including any vacant positions. Nonvoting ex officio members, staff and liaisons do not count toward the quorum. Members need not be physically present at a meeting if another means of attendance (e.g. telephonic, internet etc.) has been established by the membership and public meetings law requirements are met. At least a majority of the quorum is necessary to adopt any motion; some motions require the affirmative vote of at least two-thirds of the members present. If the members in attendance do not constitute a quorum, staff or invitees may make informational presentations provided (1) Notes describing the presentations and discussions are made and posted on the City website; (2) no motion, debate or vote or any other official business other than adjournment takes place; and (3) all topics advertised are automatically added to the agenda for the next regularly scheduled meeting. (Ord. 3050, amended, 11/18/2011; Ord. 3003, added, 02/18/2010; Ord. 3100, amended, 2014) 2.10.045 Council Liaison See AMC 2.04.100. (Ord. 3003, added, 02/18/2010) Ch. 2.10 Uniform Policies and Operating Procedures | Ashland Municipal Code Page 5 of 8 2.10.050 Election of Officers, Secretary, and Subcommittees At its first meeting following the appointment or reappointment of members each year, the advisory commission or board shall elect a chair and a vice-chair who shall hold office at the pleasure of the advisory body. Neither the chair nor vice-chair shall serve as an officer for more than three consecutive annual terms. Without the need for an appointment, the head of the City Department staffing the commission, committee or board shall be the Secretary and shall be responsible for keeping an accurate record of all proceedings. The Department head may delegate such tasks to a staff liaison. Subcommittees may be formed for the purpose of gathering information and forming a recommendation to be brought forward to the full advisory body. Only the full body can make recommendations to the City Council. Subcommittees must comply fully with the requirements of Oregon Public Meetings law. (Ord. 3100, amended, 2014; Ord. 3003, added, 02/18/2010) 2.10.055 Role of Staff At least one staff person is assigned to work with each advisory commission or board. The staff liaison provides professional guidance, continuity, and insight into City policy and attends all regular and special meetings and workshops. The staff liaison supports the group as a whole and shall not do work at the request of individual members. Each staff liaison has a limited amount of time to devote to the group. If additional staff time is needed the request should be made to the City Administrator or appropriate Department Head. (Ord. 3003, added, 02/18/2010) 2.10.060 Agendas and Minutes The chair or staff liaison will be responsible for timely preparation and posting in advance the staff liaison will be responsible for taking minutes and getting generally within a few days after the minutes have been approved. Members are encouraged to access those documents from the web site. Staff will email or mail documents to members upon request. If the advisory body has a current Council Liaison, the Liaison should be given the Ch. 2.10 Uniform Policies and Operating Procedures | Ashland Municipal Code Page 6 of 8 opportunity to report to the commission or board periodically. (Ord. 3100, amended, 2014; Ord. 3003, added, 02/18/2010) 2.10.065 Goals Advisory commissions and boards are encouraged to establish annual goals and action items that expected to suggest, support and advance Council goals and are encouraged to look for ways within their own unique responsibilities to do so. (Ord. 3100, amended, 2014; Ord. 3003, added, 02/18/2010) 2.10.070 Rules and Regulations The advisory commission or board may make such rules and regulations as are necessary for its governance, including the conduct of meetings, when not inconsistent with Ashland City Charter, Ashland Municipal Code or Oregon law. These rules may be less formal than the meeting procedure rules in AMC 2.04.040. In the event of conflicts that cannot be resolved less formally, AMC 2.04.040 shall be used as the standard for meeting rules and procedures. Failure to strictly comply with the rules on meeting procedure in AMC 2.04.040 shall not be cause to void or otherwise disturb a decision or action. The body will strive to be clear in its proceedings. (Ord. 3100, amended, 2014; Ord. 3003, added, 02/18/2010) 2.10.080 Code of Ethics The City of Ashland is committed to the highest ethical standards for its public officials. To ensure public confidence, all members of advisory commissions and boards must be independent, impartial, responsible and not use their position for personal gain or to benefit or harm others. Advisory commissions and boards shall operate in the general public interest serving the community as a whole and shall serve no special interests. Advisory commission and board members shall not endorse in their official capacity any commercial product or enterprise. Members should be aware the criminal codes, ethics and conflict of interest laws set forth in state statutes and city ordinances, Ch. 2.10 Uniform Policies and Operating Procedures | Ashland Municipal Code Page 7 of 8 including but not limited to the State of Oregon Criminal Code, ORS 244 and in AMC Chapter 3.08. (Ord. 3003, added, 02/18/2010) 2.10.090 Council as Final Decision Maker With the exception of certain delegated quasi-judicial actions, most advisory commissions and boards do not make final decisions subject to appeal but rather make recommendations to, or act in an advisory capacity to the council. The City Council is the final decision-maker on all city policies and the use of city resources. Proposals by boards and commissions for endorsement or sponsorship of events, activities or programs must receive approval by City Council as provided by Resolution. (Ord. 3057, amended, 04/03/2012) 2.10.095 Gifts Subject to the acceptance of the City Council, an advisory body may receive gifts, bequests or devises of property in the name of the City to carry out any of the purposes of the advisory commission or board, which funds, if required by the terms of the gift, bequest or devise, shall be segregated from other funds for use with the approval of the City Council. (Ord. 3003, added, 02/18/2010) 2.10.100 Budget, Compensation and Expenses Money is set aside in department budgets for Commission and Board expenses. Should an advisory body require additional funds, requests should be submitted to the department head through the staff liaison. Regular members of the advisory commissions and boards shall receive no compensation for services rendered. Members must receive permission and instructions from the staff liaison in order to be reimbursed for training or conferences and associated travel expenses related to official business. Procedures and criteria for boards and commissions to obtain approval of expenditures are established by Resolution. (Ord. 3057, amended, 04/03/2012; Ord. 3003, added, 02/18/2010) Ch. 2.10 Uniform Policies and Operating Procedures | Ashland Municipal Code Page 8 of 8 2.10.105 Reports A. Each advisory body shall submit copies of its meeting minutes to the City Recorder for presentation to the City Council. B. The chair of each advisory body is expected to give at least one report to the City Council each the Mayor or City Council may from time to time ask chairs for information and recommendations on and representative of the majority views of the memberships of their advisory bodies. C. Council Liaisons may report to the entire Council on significant and important activities of any advisory body to which they have been assigned. D. Staff Liaisons to the advisory bodies may assist in preparing such reports. E. Unless otherwise expressly provided in the Ashland Municipal Code or State Law, all reports or recommendations of City advisory bodies committee shall be considered advisory in nature and shall not be binding on the Mayor or City Council. (Ord. 3100, amended, 2014; Ord. 3003, added, 02/18/2010) 2.10.110 Lobbying and Representing the City An individual advisory body member is free to express personal views on any issue in any forum as long as the individual makes clear that he or she is not speaking as a member of the advisory body and that the views expressed are personal and do not represent the position of the City or of the City advisory body. Advisory body members are prohibited from engaging in political activity in accordance with ORS 260.432. (Ord. 3100, amended, 2014; Ord. 3003, added, 02/18/2010) The Ashland Municipal Code is current through Ordinance 3160, and legislation passed through October 16, 2018. Ch. 2.17 Public Arts Commission | Ashland Municipal Code Page 1 of 3 Chapter 2.17 PUBLIC ARTS COMMISSION Sections: 2.17.005 Purpose 2.17.010 Established Membership 2.17.070 Powers and Duties 2.17.005 Purpose The mission of the Public Arts Commission is to enhance the cultural and aesthetic quality of life in Ashland by actively pursuing the placement of public art in public spaces and serving to preserve and develop public access to the arts. The continued vitality of the arts in the City of Ashland is a vital part of the future of the City as well as of its citizens. The arts are an important part of the cultural and economic life of the entire community of Ashland and enrich the participants in the arts as well as those who observe them. Several organizations which exist in Ashland are active in the arts and provide leadership to the community on arts related matters. The creation of a Public Arts Commission for the City of Ashland will assist those organizations, and other organizations and Commission regarding the acquisition and placement of public art should be based upon accepted standards and guidelines as opposed to personal opinion. This chapter will create a Public Arts Commission and adopt standards and guidelines for selecting, commissioning, placing, maintaining, and removing public art. (Ord. 3003, amended, 02/18/2010; Ord. 2977, added, 01/06/2009; Ord. 2890, added, 11/19/2002) 2.17.010 Established Membership The Public Arts Commission for Ashland is established and shall have the powers and duties provided in this chapter. Ch. 2.17 Public Arts Commission | Ashland Municipal Code Page 2 of 3 The Public Arts Commission shall consist of seven members appointed by the mayor and confirmed by city council. The commission shall contain five members from a broad spectrum of citizens including artists and those with a background in the arts, arts organizations, education, structural and landscape architecture, and two citizens at large. The mayor shall also designate a council member as a nonvoting ex-officio member and liaison to the commission. At least five members of the commission shall reside inside the City limits. (Ord. 3003, amended, 02/18/2010; Ord. 2890, added, 11/19/2002) 2.17.070 Powers and Duties The Public Arts Commission shall be specifically responsible for, but not limited to, the following: A. The commission shall ensure the arts continue to be of value as an integral part of Ashland. B. The commission shall promote the arts in Ashland to enrich the lives of its citizens through education and demonstration. C. The commission may assist the City council, the Ashland Parks and Recreation Commission, historic commission and the planning commission in using public art to enhance existing development in public parks and other public lands and in public structures. D. The commission shall advise the planning commission, the Ashland Parks and Recreation Commission, other city commissions and committees and city departments regarding artistic components of all municipal government projects under consideration by the City. The commission may also serve as a resource for artistic components of land use developments. E. The commission shall develop and recommend to the City council policies and programs that would enhance and encourage the planning, placement and maintenance of public displays of art in locations open to the public within the community. F. The commission shall encourage connections with other local, regional and national organizations working for the benefit of art and preservation of artistic values, and other similar activities. Ch. 2.17 Public Arts Commission | Ashland Municipal Code Page 3 of 3 G. The commission shall recognize and encourage groups and organizations that enrich Ashland life by bringing cultural and artistic values and artifacts to the City. H. The commission shall pursue gifts and grants for support of arts programs and activities and the procurement of public art. (Ord. 3003, amended, 02/18/2010; Ord. 2890, added, 11/19/2002) Ch. 2.29 Public Art | Ashland Municipal Code Page 1 of 11 Chapter 2.29 PUBLIC ART Sections: 2.29.005 Definitions 2.29.100 Process for acquiring public art 2.29.110 Review process for gifts or donations 2.29.120 Public Art on Private Property 2.29.130 Guidelines for recommendation by the Commission 2.29.140 Standards for the Ashland Public Art Collection 2.29.150 Maintenance of the Ashland Public Art Collection 2.29.160 Parks commission 2.29.170 Development of guidelines 2.29.180 Creation, funding and use of Ashland public art account 2.29.005 Definitions A. t Collection by any means including direct purchase, commission or acceptance of a gift. B. C. ired by the City by any means. D. improvements. E. n amount over $25,000 paid for wholly or in part by the City of Ashland to purchase or construct any public building, decorative or commemorative public structure, sidewalk, or multi-use pathway construction, park facility construction, or any portion ther LID improvements, including but not limited to streets, sidewalks and associated improvements, Ch. 2.29 Public Art | Ashland Municipal Code Page 2 of 11 property acquisition, earth work, emergency work, minor alterations, rehabilitation, minor or partial replacement, remodeling or ordinary repair or maintenance necessary to preserve a facility. Notwithstanding the above limitation, the Council or responsible contracting officer may include any new city street or utility project (limited to water, sewer and storm water projects) in an amount over $25,000 as a city project under this article, by either vote of the Council or inclusion in the contract solicitation documents prepared by the responsible contracting officer. F. 2.17.010, consisting of seven members appointed by the mayor and confirmed by the Council. G. which art is not precluded as an object of expenditure. H. of a city project. I. m established by this article to set aside a percentage of the total cost of city projects for public art. J. executed with the specified intention of being sited or staged on City Property or on property owned or controlled by the City of Ashland, usually outside and accessible to the public. K. udget established by this article into which all moneys donated, appropriated or derived pursuant to the percent for art program shall be deposited. Funds within the public art account shall be utilized for the purposes outlined in this article. L. removal and disposal through any available means, such as relinquishing title through sale, gift or destruction. M. the proposals associated with a particular project in a public meeting. N. c art. Ch. 2.29 Public Art | Ashland Municipal Code Page 3 of 11 O. mmercial developer into the Public Art account when the developer prefers not to incorporate public art into the project and follow the public art process for art acquisition and approval. P. maintenance of a project. (Ord. 3003, added, 02/18/2010) 2.29.100 Process for acquiring public art A. General. The Public Art Commission will call for entries by issuing a request for proposal, a request for qualification or by invitation. The call for entries will include specific guidelines and criteria for the specific project. Every call for entry must comply w rules. 1. Acquisition. Acquisition of public art will generally result from: a. The commissioning or purchasing of a work of public art by the City using city funds or donated funds, in accordance with public contracting laws and AMC Chapter 2.50; or b. An offer made to the City to accept a work of public art as a gift, donation, or loan. 2. Removal. Removal of public art may be by request or owing to some damage or destruction of the artwork. B. Selection Panel. A selection panel, separate from the Public Art Commission, consisting of art professionals and enthusiasts, residents near the proposed site, community members, and city administrators will be chosen to evaluate the proposals received from artists. A different selection panel shall be chosen for each project by the Commission after the following notifications have been made: 1. An ad is placed in a newspaper of general circulation in the City, 2. Postcards are sent out to all property owners located within 300 feet of the proposed site, and 3. Ch. 2.29 Public Art | Ashland Municipal Code Page 4 of 11 The Commission shall pick the Selection Panel by examining applications received from interested parties. C. Evaluation of Acquisition Proposals. Proposals which meet the minimum requirements set forth in the call for entries will be given to the Selection Panel for review. The proposals for acquisition shall be evaluated based upon criteria set forth in the call for entries at a public meeting. The Selection Panel will evaluate the proposals and make a recommendation to the Public Art Commission regarding which proposals to accept. The Commission shall forward that recommendation to the City Council for final selection. This ordinance does not exclude land use approval processes when required for the use or structure. D. Removal and Disposal Process. Except as provided in AMC 2.29.140.B, neither the Council nor the Commission is bound to follow any particular process for removal and disposal of art in the Ashland Public Art Collection. (Ord. 3003, added, 02/18/2010) 2.29.110 Review process for gifts or donations The Commission may solicit gifts and bequests of public art or funds to benefit the Ashland Public Art Collection. The Council shall decide whether to accept all such gifts of art work on behalf of the City and the Ashland Public Art Collection on its own motion or upon a recommendation by the Commission based on its own evaluation, or by recommendation of the Commission after the Selection Panel has evaluated the artwork using the guidelines in AMC 2.29.130 and the total cost over the life of the artwork. All art works or funds shall be administered by the City in accordance with its terms. Funds donated to the Commission shall be placed in a special account to be used exclusively for the purposes of the Commission or as designated by the donor. Funds in this account may only be expended after they have been properly budgeted or approved by the City. (Ord. 3003, added, 02/18/2010) Ch. 2.29 Public Art | Ashland Municipal Code Page 5 of 11 2.29.120 Public Art on Private Property Before public art can be placed on private property the Commission shall determine whether the site is appropriate for public art under the Site Selection criteria in AMC 2.29.130. If the site is found to be appropriate for public art, the City shall secure authorization to use and access the private property where the public art will be located before the acquisition process for public art is initiated. There shall be a written agreement or legal instrument, granting the City permission and control of the property so that the property can be used for public art purposes, including access for installation, maintenance and removal of the artwork. Public art can then be acquired for placement on private property by following the process for: A. Acquisition in AMC 2.29.100, or B. Gifts and donations in AMC 2.29.110. (Ord. 3003, added, 02/18/2010) 2.29.130 Guidelines for recommendation by the Commission A. Selection Guidelines for Works of Public Art. 1. Quality. The artwork should be of exceptional quality and enduring value. 2. Site. The artwork should enhance the existing character of the site by taking into account scale, color, material, texture, content, and the social dynamics of the location. 3. History and Context. The artwork should consider the historical, geographical, and cultural features of the site, as well as the relationship to the existing architecture and landscaping of the site. 4. Initial Cost. The total cost of the artwork, including all items related to its installation, should be considered. 5. Maintenance and Durability. The durability and cost to maintain the artwork should be considered and quantified, particularly if the work is servicing, repainting, repairing or replacement of moving parts. 6. Permanence. Both temporary and permanent art works shall be considered. Ch. 2.29 Public Art | Ashland Municipal Code Page 6 of 11 7. Media. All forms of visual media shall be considered, subject to any requirements set forth by city ordinance. 8. Public Liability. The artwork should not result in safety hazards, nor cause extraordinary liability to the City. 9. Diversity. The artwork in the Ashland Public Art Collection should encourage cultural diversity. 10. Commercial Aspect. The artwork shall not promote goods or services of adjacent or nearby businesses. 11. Compliance. Artworks shall not violate any federal, state, or local laws, including specifically AMC Chapter 18.96. B. Guidelines for Site Selection. 1. Ownership or Control. Public art should be placed on a site owned or controlled by the City, or there should be a written agreement or legal instrument, granting the City permission to use the property for public art purposes, including access for installation, maintenance and removal. 2. Visual Accessibility. Public art should be easily visible and accessible to the public. 3. Visual Enhancement. Public art should visually enhance the overall public environment and pedestrian streetscape. 4. Pedestrian Accessibility. Public art should experience high levels of pedestrian traffic and be 5. Circulation. Public art should not block windows, entranceways, roadways or obstruct normal pedestrian circulation or vehicle traffic. 6. Scale. Public art should not be placed in a site where it is overwhelmed or competing with the scale of the site, adjacent architecture, large signage, billboards, etc. (Ord. 3003, added, 02/18/2010) Ch. 2.29 Public Art | Ashland Municipal Code Page 7 of 11 2.29.140 Standards for the Ashland Public Art Collection A. Acquisitions. The following minimum standards and criteria shall apply to the acquisition of artworks. 1. Artworks may be acquired by direct purchase, commission, gift or any other means. 2. Acquisition, whether by direct purchase, commission, gift, or otherwise, shall occur by a legal instrument of conveyance or other writing transferring title of the artwork to the City and clearly defining the rights and responsibilities of all parties. 3. The City shall obtain the rights of ownership and possession without legal or ethical restrictions on the future use of the artwork upon final acceptance of the artwork, except where expressly provided in the contract with the artist. The artists shall retain all rights and interests in the artwork except for the rights of ownership and possession. 4. The City shall only acquire artworks if: 1) the artist warrants that he will not make a duplicate of the artwork, or permit others to do so, without written permission by the City, and 2) the artist gives permission to the City to make a two-dimensional reproductions as long as all such reproductions provide the copyright symbol, name of the artist, title of the artwork, and the date of completion. 5. Complete records, including contracts with artists, shall be created and maintained for all artworks in the Ashland Public Art Collection. B. Removal. 1. The Commission may recommend removal and/or disposal based on one or more of the following conditions. No public hearing is required for a removal recommendation. a. The site for an artwork has become inappropriate because the site is no longer accessible to the public or the physical site is to be destroyed or significantly altered. b. The artwork is found to be forged or counterfeit. c. The artwork possesses substantial demonstrated faults of design or workmanship. d. The artwork causes excessive or unreasonable maintenance. Ch. 2.29 Public Art | Ashland Municipal Code Page 8 of 11 e. The artwork is damaged irreparably, or so severely that repair is impractical. f. The artwork presents a physical threat to public safety. g. The artwork is rarely displayed. h. A written request for removal has been received from the artist. 2. Council Removal Process. a. On its own motion, or following receipt of a recommendation from the Commission the Council may remove and dispose of any artwork previously accepted into the Ashland Public Art Collection in their sole discretion. b. Acceptance or placement of donated art by the City does not guarantee continuous public display of the artwork regardless of physical integrity, identity, authenticity, or physical condition of the site. c. Removal officially deletes the work from the City of Ashland Public Art Collection by a preserve the artwork. d. Notwithstanding the above, Artwork shall be disposed of in accordance with any specific terms for removal and disposal set forth in the contract with the Artist. 3. Removal and Disposal. a. The City may donate the artwork to another governmental entity or a nonprofit organization. b. A work that is deemed to have retained sufficient monetary value to warrant resale shall be disposed of through a public sale, auction, or any other means as established by city ordinance. c. Artworks removed from the Ashland Public Art Collection may be disposed of through lus property. C. Borrowing of Artworks. Ch. 2.29 Public Art | Ashland Municipal Code Page 9 of 11 1. The Commission may also recommend artworks be borrowed. 2. With the exception of ownership, the eligibility, review criteria, and procedure for borrowed works shall be the same as those established in this article for acquisition. 3. The borrowing of artworks shall be pursuant to written agreement between the City and the artist. 4. Nothing herein prohibits the City from securing other works of art or art exhibitions for display inside its facilities. (Ord. 3003, added, 02/18/2010) 2.29.150 Maintenance of the Ashland Public Art Collection A. Except where expressly provided in a contract or warranty for public art the City shall be responsible for all maintenance of all artworks in the Ashland Public Art Collection. B. Within the limitation of the City budget the City shall provide necessary and appropriate maintenance of the Ashland Public Art Collection, including, but not limited to, regular custodial care and landscape maintenance. Maintenance shall be performed in accordance with any special instructions or procedures necessary for the preservation of the work. C. Any evidence of damage, deterioration, vandalism or theft of artworks in the Ashland Public Art Collection shall be immediately reported to the appropriate City Department. City staff shall keep the Commission and Council informed of damage to City property. (Ord. 3003, added, 02/18/2010) 2.29.160 Parks commission The standards and procedures in this article are in addition to, not in derogation of, the Ashland parks commission review responsibilities for projects proposed in city parks. Nothing herein exempts public art projects from compliance with all applicable federal, state, and local laws including, but not limited to, land development regulations and building code compliance. (Ord. 3003, added, 02/18/2010) Ch. 2.29 Public Art | Ashland Municipal Code Page 10 of 11 2.29.170 Development of guidelines The Commission shall have the ability to establish further guidelines concerning its operations; however, only the criteria and processes of this ordinance will be legally binding. (Ord. 3003, added, 02/18/2010) 2.29.180 Creation, funding and use of Ashland public art account A. Establishment. The Council hereby establishes a separate account entitled the Ashland public art account to be reflected in the City budget. All funds donated, appropriated or generated for the purpose of public art acquisition and education shall be deposited in this account and used solely for such purposes, in accordance with this article and other applicable law. Funds generated pursuant to the Commercial Development Fee in lieu established in Chapter 18, as well as the Transient Occupancy Tax Resolution authorized in Chapter 4.24, and the Percent for Art dedication in this section shall all be deposited into the Ashland Public Art Account. B. Permitted Purposes of Public Art Account. The public art account shall be used solely for the acquisition, placement, maintenance, and removal of artworks for inclusion in the Ashland Public Art Collection and for art education purposes, such as community outreach presentations and workshops, in accordance with the provisions of this article and other applicable law. C. Requirement for Dedication of a Percent for Art. Any city official or employee who authorizes or appropriates expenditures on behalf of a participating department for a city project shall, to the degree that there are eligible funds, include within the budget for the project a monetary contribution for the public art account equal to one-half percent (0.5%) of the total cost of the project. 1. One-half percent (0.5%) of the total cost of a qualifying city project shall be dedicated to the public art account. Such funds shall be deposited into the public art account by the City official or employee acting on behalf of the participating department no earlier than the time that budgeted funds are encumbered for construction of the City project and no later than final inspection of the completed city project. 2. The participating department shall consider the siting of public art as part of the design and engineering phase of any city project. If costs are incurred by the participating department to Ch. 2.29 Public Art | Ashland Municipal Code Page 11 of 11 comply with this article requirement prior to transfer of the one-half percent (.5%) dedication for the City project to the public art account, the participating department may deduct such costs (not to exceed one-half percent) from the one-half percent (.5%) dedication at the time such funds are transferred. D. Restricted Funds. If funding for a particular city project is subject to legal restrictions that preclude public art as an object for expenditure, the portion of the City project that is funded with the restricted funds shall be exempt from the dedication requirements of this article. E. Phased Projects. As a general rule, where a city project will be constructed in phases, the one-half percent (0.5%) dedication shall be applied to the estimated total cost of each phase of the City project at the time that funds for the phase are appropriated and encumbered. However, nothing in this section prevents the Council from deciding to hold or set aside all or part of the entire dedication from the funds of a particular phase, as the Council deems appropriate. In determining when to hold or set aside the funds for a phased project, the City will consider an overall public art plan for the project to ensure that art is not located on a piecemeal basis with phase construction. F. Monetary contributions for public art shall be deposited in separate accounts within the public art account if separate accounting is deemed appropriate by the Administrative Services Director (Finance) or is required by law. G. Monetary contributions or appropriations made other than through the percent for art program shall be deposited in the public art account and may be dedicated to or earmarked for a specific education program or work of art, subject to acceptance by the Council. H. Disbursements from the public art account shall be made only after authorization of the City Administrator or the Administrative Services Director (Finance), and shall be made according to this article and other applicable city ordinances, including but not limited to the public contracting code (AMC Chapter 2.50). I. The Council may adopt by resolution case specific waivers or guidelines for administration of the percent for art program, including case-by-case waivers of the required dedication set forth herein based on the availability of public funds, as well as any other matters not specifically addressed herein and appropriate or necessary to the administration of the program. (Ord. 3003, added, 02/18/2010)