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HomeMy WebLinkAboutITEM IV-AAGENDA BILL APPROVAL FORM * SASH II'Ti Agenda Subject: Art in Public Places Policy Date: 1/5/2010 Department: Parks, Arts & Attachments: Resolution 4546 and Budget Impact: Recreation Art in Public Places Policy and Procedure Administrative Recommendation: Adopt Resolution 4546 Background Summary: City Council has determined that public art is a crucial element of public health and welfare; and that public arts foster economic development, revitalizes urban areas and improves the overall business climate and sense of community. Percent for art was discussed at the council committee level at several meetings over the past year. The first step towards percent for art was Resolution 4323, which was approved by the City Council on March 17, 2008. Resolution 4546 replaces Resolution 4323, which originally established a percent for the arts program for public facilities. The primary purpose of this resolution is to instruct the Mayor and staff to include a budget for public artworks in the amount of one percent of a capital project budget and to define the appropriate application of these funds. The approval to proceed on any one project is subject to the terms of the "Art in Public Places Policy and Procedure" document. Resolution 4546 defines capital projects and how percent for art shall be applied. Resolution 4546 and the "Art in Public Places Policy and Procedure" document were reviewed by both the Public Works Committee and the Planning and Community Development Committee. Staff requests that Council enact Resolution 4546. R-0119-1 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ® Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0 ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ®Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing I l Referred to Until I l Tabled Until I I Councilmember: Norman Staff: McKni ht Meeting Date: 1/19/2010 Item Number: rr~Y t 4 ~ i ri' rr ~ :'r }1 •~K SAY J l ~ ~ I i y a fir' ti i f.. ~ ~ .i f ~ Sr 'r9 .AS ~1 CITY OF AUBURN ART IN PUBLIC PLACES POLICY& PROCEDURE ti Sun Circle, G. Tsutakawa,1989 cast bronze Game Farm Park - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 1 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 Table of Contents SECTION PAGE Auburn Public Places Program Overview 3 Auburn Art in Public Places Policy, Procedure & Guidelines • Introduction 4 • Definition of PublicArt inAuburn 4 • Accession and Deaccession of Public Artworks 7 • Art Selection Process 10 • Public Art Collection Management 15 Three-year Public Artwork Development Plan • Introduction 18 • Public Placesfor PublicArtworks 18 • Unifying Themes 19 • Qualifying Capital Projects 19 Administrative Flow Chart 20 Resolution 4546: Percent for Art Ordinance 6243: Privately Developed Public Artworks Overview 24 Sample Brochure 25 Proposed Amendments 26 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 2 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 AUBURN ART IN PUBLIC PLACES PROGRAM OVERVIEW PUBLIC ART INAUBURN -Definition, Mission & Purpose Definition From Wikipedia.com: The term "public art" properly refers to works of art in any media that has been planned and executed with the specific intention of being sited or staged in the physical public domain, usually outside and accessible to all. The City of Auburn has been acquiring outstanding works of public artfordisplay in public buildings, gathering places, streetscapes and parks since 1988. The growing collection is a civic resource, diverse in expression and form, and an integral part of everyday life for residents and visitors to Auburn. "Public art can express civic values, enhance the environment, transform a landscape, heighten our awareness, or question our assumptions. Placed in a public site, this art is therefore for everyone, a form of collective community expression- from the once celebrated but now unrecognized general on a horse, to the abstract sculpture. " Mission The "Vision/Mission" statement for the program, written by the Auburn Arts Commission, states: Created in 1988 as part of the City of Auburn Arts Commission's roster of multi-disciplinary cultural arts programs, Art in Public Places Program is a municipally sponsored and administered public art program. Auburn's Art in Public Places Program is the thread that connects art, people and place. The program seeks to draw residents and visitors together; to echo a sense of time and place; and to enrich the experience that is distinctively Auburn. Through the acquisition of original artworks of definable artistic and aesthetic merit, and the maintenance of the established collection, the program is an integral component of the City's intent to sustain Auburn as a vital place to live, work and visit. Purpose From its inception, the public art program has operated without written policy, procedure, guidelines, or master plan for continued development, or maintenance. In 2007, the Cultural Arts Staff, Arts Commission and Planning and Community Development Council Committee began a process of drafting a comprehensive plan, policy and legal directives to ensure the Art in Public Places program continues to grow, evolve, and remain sustainable. The purpose of this document is to address these issues. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 3 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 AUBURN ART IN PUBLIC PLACES POLICY, PROCEDURE & GUIDELINES 1.0 INTRODUCTION The following Art in Public Places Policy & Procedure is an administrative document whose purpose is to delineate the City of Auburn's policy and procedures for the following: 2.0 Definition of "Public Artwork in Auburn" 3.0 AccessionlDeaccession of Artworks 4.0 Art Selection Process 5.0 Maintenance of Artworks 2.0 DEFINITION OF "PUBLIC ARTWORK IN AUBURN" The commonly accepted definition of public artwork is: "Any work of art that is created by an artist to be sited in a public space." Public art can take a variety of forms and be incorporated into the very design of a building or object, such as: a manhole cover, paving pattern, lighting, seating, building facade, kiosk, gate, fountain, or play equipment. Public artists work in all kinds of mediums: bronze, engraving, carving, fresco, mobile, collage, mosaic, tapestry, photograph, drawing, or earthwork, to name a few. Public art can be permanent ortemporary. The following are the recommendations of the City of Auburn Arts Commission as to what can be considered "public art" in Auburn: 2.1 City of Auburn Commissioned Original Artworks: A unique work of art, specifically designed for, or integral to the site for which it is to be permanently displayed. Commissioned artwork types include: 2.1.1 Integrated Artwork: This type of project allows the artists} work to be integrated into environmental and or architectural design. Artists are included a member of the design team (architects, engineers, landscape architects, etc) in the first stages of conceptualizing aproject, but are contracted separately. They report to both the capital project lead and the cultural arts staff. The artist(s) remain on contract as artwork project manager through fabrication and installation. This type of art project is often able to capture construction costs, which allows the artist to extend their budget for the project. These credits are not considered an addition to the approved budget, nor have any cash value. Funding for this type of project is provided forthis type of project through Resolution No. 4546--Percent for Art. EXAMPLES: Mnemosyne's Opus in the Auburn Library, and the art project in progress for Auburn Community Center. 2.1.2 Later Phase, orNon-Integrated Artwork: This type of project is typically designed after-the-fact, or separately from a capital or environmental - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 4 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 project. Artists work independently, but typically are directed to create a "site specific" work that compliments or reflects the sight in which the artwork will be displayed. From 1988 to 2007, funding for this type of project was appropriated out of Real Estate Excise Tax (REET) of a maximum of $30,000 per project. Since 2007, two projects received approved funding through a special budget request approval process. EXAMPLES: A majority of Auburn's public art collection is considered a later phase, Non-Integrated project. Very good examples of this are the two cemetery art works: Pioneer Cemetery Gate and The Long Look (across from Mountain View Cemetery). 2.2 Non-Commissioned or OtherArtworks: Not all art work must be specifically commissioned to be a part of a public art program. The following are recommended types of other public artworks: 2.2.1 Temporary Art Work Displays -These projects are not commissioned, permanent or integrated; they are stand-alone pieces. Typically, several artworks are acquired together, either from one artist or several. Artworks are leased or are loaned for a determined length of time, typically for several months up to one year. A theme is typically used, or a specific locale where the artworks will be displayed. Other criterion can be determined as to the type and scale of artworks, whether the artworks are for sale or not, are part of an outdoor gallery or pedestrian walk-way, etc. Costs for temporary projects do not always include design and/or fabrication, but may include a lease agreement, shipping and/or installation. EXAMPLES: City of Burien B/IOS Art Project; Puyallup Public Art Gallery, LaConnor and Mercer Island Public Art Walk Galleries. 2.2.2 Other Temporary Art Projects -Public artworks do not have to be literally defined as a static display, or an installation of a long duration, such as six or more months. The following may also be examples of temporary public art displays. 1 }Limited-time temporary displays, designed to be installed for only a few hours (Example: A participatory sidewalk chalk art competition; Giant Black Toobs at ArtRageous) 2} "Site specific" performances, which are those performances that tap into surrounding environment, inside or outside, as the "stage." (Example: 4Culture's Site Specific Network of performing artists who present a wide variety of performance "installations.') - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 5 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 2.2.3 Portable or Rotating Art Works -Typically, these are artworks in 2- Dimensional media (a framed painting, for example} that would be sited inside public buildings. These artworks are not always permanently sited in one location, but rotated (hence, "portable") to other similar public buildings in orderto maximize exposure of the location. These works could be acquired through a purchase award program, donation, or paid through Public Art Capital Improvement fund (ref. Res. 4546). EXAMPLE: Inland #17, located in the Justice Center 2.2.4 Gifts orponations -Works of art in any dimension or medium are occasionally offered as donations to a City. However, In order to ensure the quality of the collection and relationship to the public art's program purpose, these works must undergo the same Accession process (see 3.0 Accession and Deaccession of Public Artworks} and adhere to the same procedures and approvals as any new commissioned art work in orderto be considered part of the collection. ~ EXAMPLE: Bicyclist Near Isaac Evans Park, Auburn Golf Course Clubhouse 2.2.5 Privately Developed andlor Community Art Projects: Private developers and neighborhoods or communities that decide to commemorate events or develop local amenities with a public artwork should be encouraged. Ordinance No. 6323 outlines guidelines for developers to use and encourages them to consult with Cultural Arts Staff and Arts Commission in the development of their project. These projects can be either permanent or temporary. EXAMPLE: Pike Place Market Pigs on Parade is a temporary Community Art Project. The mural on the eastside of A-1 Collision is a Community/Privately Developed project with assistance by City of Auburn. 2.3 What Does Not Constitute, or Qualify as "Public Art" in Auburn: The Arts Commission recommends the following list of items that would not qualify for a public art project: 1 }Any site or art work that is not accessible, or in view by the general public. For example, the court yard of an apartment complex that is only accessible to tenants and/or owners, or "Staff/Authorized Personnel Only" areas of public buildings. 2} Memorials -The Parks Board has established policy regarding Memorials. 3} Wayfinding -The City has established Ordinances} regarding wayfinding and signage. ~ Not all gifted artworks will meet the Accession criterion. Therefore, it is the Arts Commission's recommendation that the City establish an adjunct Gift Acceptance Policy, separate from the Public Art Program that defines the terms under which the City Council or Mayor may accept gifts on the behalf of the City. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 6 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 3.0 ACCESSION AND DEACCESSION OF PUBLIC ARTWORKS The "accession" of artwork is the official policy and procedure of acquisitioning, or acquiring new public artworks as part of the City's art collection and ownership. The "deaccession" of artwork is the official policy, terms and conditions under which an artwork can be relocated or removed from City property. 3.1 Accession of Artwork The purpose of "accessioning" artwork into a public art collection is to apply professional standards of care, display, and maintenance over the life of the artwork, or until the artwork is no longer displayable and is "deaccessioned"frnm the collection. 3.1.1 All artworks must adhere to and be acquired through the Public Art Selection Process (ref. 4.0 Art Selection Process) before formal accession into the City of Auburn Art in Public Places Program 3.1.2 Artworks will be accessioned into the Auburn Public Art Program only upon completion of the commissioning or purchasing contract (Artist Agreement). 3.1.3 The artist's signed contract transferring title for the artwork and clearly defining the rights and responsibilities of all parties will accompany every acquisition. 3.2 Deaccession of Artwork The deaccession of artwork is the removal of an artwork from the Auburn Public Art Program. This includes the removal of the artwork from its public site, removal from the maintenance cycle, and moving of records, both hard copy and electronic, into a Deaccessioned Collection file. 3.2.1 Monies dedicated to the acquisition and maintenance of artworks do not qualify for costs associated with deaccession of artwork. All costs associated with the deaccession of any artwork will be approved through Special Budget or Budget Adjustment Request on aper-project basis. 3.2.2 An artwork may not be deaccessioned based on content, subject matter or use of materials. It is assumed the artwork, in order to be "accessioned," must first be vetted through approved Public Art Selection and Accession process which outlines such issues before the artwork is approved for development, fabrication, installation and accession into the Public Art Program. Artworks established as part of the Auburn Public Art Program prior to approval of this policy cannot be excluded from the terms of deaccession as outlined in this policy. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 7 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 3.2.3 An artwork may be considered for deaccession only under the following conditions: 3.2.3.1 Theft of the artwork. 3.2.3.2 Damage beyond reasonable repair, and/or artwork is damaged to the extent that it no longer represents the artist's intent, and/or it is damaged to the extent that the expenses of restoration and repair are found to equal or exceed current market value of the artwork. 3.2.3.3 Portable artwork is not, or is only rarely, on display due to lack of a suitable site. 3.2.3.4 For site-integrated orsite-specific artworks, the site for which the artwork was specifically created is structurally or otherwise altered and can no longer accommodate the artwork, is made publicly inaccessible as a result of new construction, demolition, or security enhancement, or has its surrounding environment altered in a way that significantly and adversely impacts the artwork. 3.2.3.5 For site-integrated orsite-specific artworks, the site for which the artwork was specifically created is sold or acquired by an entity other than City of Auburn. 3.2.3.6 There exists a documented history of incidents} that shows the artwork is a threat to public safety. 3.2.3.7 The artist legally exercises the Right of Disassociation granted by the Visual Artists Rights Act of 1990, preventing the use of his or her name as the creator of the artwork. 3.2.3.8 The artwork requires excessive maintenance to the extent that the expenses are found to equal or exceed current market value of the artwork. 3.2.3.9 The City wishes to replace the artwork with another work by the same artist. 3.2.3.10 At the time of accessioning, if complete information on the provenance of the artwork is not available, or more information has since become available, indicating that the artwork does not meet accession or art selection criteria. 3.2.4 Process of Deaccession: At the conclusion of the annual Maintenance Survey, staff will prepare a recommendation for deaccession of artworks, if any, from the Collection for review and evaluation by the Auburn Arts Commission for recommendation to Mayor and City Council for action. At a regularly scheduled Art Commission meeting, the Cultural Arts Staff will present reports on artworks to consider for deaccession. The Commission may decide to seek additional information and/or designate an advisory panel composed of visual arts and other qualified professionals, to review staff recommendation. The report will include: 3.2.4.1 Reasons for the suggested deaccession accompanied by such other documentation and information as may be relevant. 3.2.4.2 Acquisition method, cost, and estimated current market value. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 8 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 3.2.4.3 Documentation of correspondence with the artist regarding the above. 3.2.4.4 Photo documentation of site conditions, if applicable. 3.2.4.5 In the case of damage, a report that documents the original cost of the artwork, estimated market value, and the estimated cost of repair. 3.2.4.6 In the case of theft, an official police report and a report prepared by the agency responsible for the site of the loss. 3.2.4.7 Artists whose work is being considered for deaccession shall be notified by mail using the current address provided by the artist. In the event the artist disagrees with the decision of the City of Auburn to deaccession their artwork, the artist may request reconsideration of the deaccession. This request must be filed in writing within 30 days of the Art Commission's deaccession recommendation to Mayor and Council and subsequent notification of such to the artist. The artist's request for reconsideration must be based on information that was not considered during the Commission's meeting on the deaccession. 3.2.5 Decision to deaccess artwork: The decision to remove an artwork is the result review and evaluation of the Arts Staff report by the Auburn Arts Commission for recommendation to Mayor and City Council for action. Upon this decision to deaccess artwork, the Commission will consider what action should betaken, with priority given to public benefit of the Collection. Every step will be taken to arrive at a mutual balance between observing the rights of the artist and public benefit. Actions in order of priority: 3.2.5.1 Trade through artist, gallery, museum, or other institutions for one or more other artwork(s) of comparable value by the same artist. 3.2.5.2 Long term/indefinite/permanent loan to museum collection or governmental agency. 3.2.5.3 Sale through art auction, art gallery, dealer, or direct bidding by individuals. The original artist shall have first right of refusal to purchase his or her artwork at its current market value. Any pre-existing contractual agreements between the artist and the City of Auburn regarding resale shall be honored. 3.2.5.4 In special situations, the City of Auburn can negotiate the transfer of ownership an artwork to another entity. For site- integrated orsite-specific artworks, when the site for which the artwork was specifically created is sold or acquired by an entity other than City of Auburn, the ownership of the artwork can transfer to that entity. Artwork in the Public Art Collection should be in excellent condition, ready to exhibit and continue to reflect the artist's original intent. Should the artwork selected for transfer need to be repaired cleaned, or restored, the negotiated transfer will include conservation provisions and, unless negotiated otherwise, the receiving entity pays for the restoration. The receiving entity should have an art plan that - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 9 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 defines their commitment to the artist and the continued care of the artwork. 3.2.5.5 The Personal Property and Inventory Control for the City will be notified afterthe City Council's action regarding deaccessioned artworks. 3.2.5.6 All proceeds from the sale of any artwork from the City of Auburn Art in Public Places Program shall be deposited in the Public Art Capital Fund. Funds from artwork sales may be used in the manner consistent with the enabling policy forthe Public Art Program. 3.2.5.7 The artwork, or its remains, shall be disposed of by the City of Auburn, or its agents, upon final deaccession action. It is the obligation of the City of Auburn to ensure that all disposals with regard to the Collection be formally and publicly conducted and adequately documented. 3.2.5.8 A permanent record of the artwork's inclusion in the City of Auburn Public Art Collection, and reasons for its removal, shall be maintained in a Deaccessioned Collection file, and will be kept as a separate section of the City of Auburn Art in Public Places Program records. 3.2.5.9 No artworks shall be sold or traded to staff of the City of Auburn or members of the City of Auburn Arts Commission or City Council, consistent with City of Auburn conflict of interest policies. 4.0 ART SELECTION PROCESS The persons assigned the task and responsibility to select a public art project, a site for a public artwork and the artist, or artist team for a public art project for the City of Auburn will adhere to the following policy and procedures. 4.1 Identify Opportunity For Public Art On an annual basis, the City of Auburn Arts Commission will submit a list of potential sites and/or opportunities for a public artwork. The tools and process used to identify opportunity for artwork are defined by the following: 1 }Resolution No.4323-Percent for Art 2} Ordinance No. 6243-Privately Developed Public Artworks Guidelines 3} Art in Public Places Program Vision and Mission 4} Public Artwork Three-to-Five Year Plan (in pro. ress ~ Cultural Arts Staff will confirm available budget for each proposed site and/or art project and timing of when funds will be available for qualifying projects under Res. No. 4323 orthrough General Fund appropriation. The timing of funds will dictate when art projects can be initiated. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 10 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 4.2 Site Evaluation For Artwork The Arts Commission Public Art Committee will outline the goals for an art project, including goals outlined by the participating City department, if applicable. The Committee will make its recommendation to the Arts Commission who will, in turn, make recommendation to Mayor and City Council for action. Site selection should include the following: 4.2.1 Appropriateness of the artwork to the site shall be considered in respect to Art in Public Places vision, mission and goals, including but not limited to its social, cultural, historical and physical context, potential community partnership and relationship to the Public Art Collection as a whole. 4.2.2 A site must be in an area that is open and freely accessible to the public, or displayed in a mannerwhich otherwise provides public viewing. 4.2.3 Complete dimensions of the site area or site plans, including existing and proposed buildings and structures; existing and proposed street dedications and improvements thereon, including the location and nature of all street improvements in the public right-of-way; easements; location of all utility services; existing and proposed yards and spaces between buildings and structures. 4.2.4 If applicable, a landscape plan showing the location of the trees and shrubs (proposed to be removed, retained, or installed), the amount, height, type, and location of landscaped areas, planting beds, and plant materials, and provisions for irrigation; existing and proposed walls, fences, and landscaping, including the location, height, area, color, nature, and type of design and material composition forwallsand fences 4.2.5 If applicable, all existing and proposed lighting, including the location and general nature of both off-site and on-site lighting, the proposed intensity thereof, and the diffusion thereof. 4.2.6 Integrated artwork sites must include architectural drawings, renderings, or sketches showing all elevations of the proposed buildings, structures. 4.2.7 The committee must also establish an appropriate method of Accession, which can include open competition, invitation, or direct purchase and/or "type" of artwork (permanent vs. temporary; two-dimensional vs. three- dimensional). 4.2.8 Based upon the budget, the committee will develop a realistic project scope, and determine if the budget is sufficient to warrant advertising for artists locally, regionally, nationally or internationally. 4.2.9 Prepare and oversee the writing, printing and distribution of the project prospectus. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 11 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 4.3 Art Project Selection Art selection is, in part, a subjective process. The value of every work of art is in the eye, ear and soul of the individual viewing it. A single work of art can engender a wide range of responses in the population viewing it. Because of this, members of the Review Panel must, at all times, remember that they represent the public. They should understand these issues and strive to maintain a balance in their selection of art works. The selection process recognizes the First Amendment, which promises freedom of expression. The City of Auburn reserves the right to not select any artwork at the point of accession if it is determined not reflect the values of the community or meet all requirements outlined in the Public Art Plan and Art in Public Places vision, mission and goals. Once a site or capital project and funds have been approved by Mayor and City Council, the Arts Commission and Cultural Arts Staffwill do the following: 4.3.1 Draft a Project Timeline, budget and scope of work in consultation with other City departments or private entities where required or applicable. 4.3.2 Draft a Call to Artists for application forthe project using one of a variety of methods most appropriate to the specific project (Open Call, Invite Only, Call for Proposal, Call for Qualifications). 4.3.3 Create a selection review panel who will serve on the panel for the duration of one project of up to seven members appointed by Cultural Arts Staff and Arts Commission. This panel will include a member of the Arts Commission, a working artist (preferably a public artist), a community "stakeholder" (preferably a person with a direct association to the proposed project, or project site) , an architect or engineerfrom the capital project's design team (where applicable), City staff representative from the department with the qualifying project (where applicable), City Council Member (where applicable} and at least (2) alternates. The Cultural Arts Staff will serve as non-voting moderator and will make recommendation when appropriate. The selection review panel will: 4.3.3.1 Work within the project parameters established by the project budget, project location, and goals for artwork as approved. 4.3.3.2 Be responsible for reviewing artist proposals. ,approve artists and/or art selections by a majority vote and present the recommendations to the Arts Commission. 4.3.3.3 Select works of art or proposed commissions that are technically feasible to produce and display. 4.3.3.4 In the case of selecting an artist to serve on a design team, the committee must determine whether the artist has the necessary experience desired to make a positive contribution to the project. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 12 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 4.3.3.5 Reserve the option of making no selection if the panel determines proposals do not meet acceptable requirements outlined in the ProspectuslCall to Artist. In such a case, the panel must provide a recommendation of how alternately to proceed, either by re-opening the Call, or by some other method of accession that will meet the requirements outlined in the Project Timeline. 4.4 Art Selection Criteria Artworks may be acquired through a variety of methods, which include, but are not limited to: Commission of a new artwork, purchase of existing works, gift to collection and temporary loan. Each method must follow similar criteria in order to become a part of the Art in Public Places Program. 4.4.1 Accepted works of art shall be of exceptional quality and enduring value as determined by the Cultural Arts Staff, Arts Commission and, if the City contracts with an Independent Entity, by the Independent Entity. Artistic excellence represents the artists' aesthetic vision, practical skill and competence, and whose work can generally be considered an example of artistic excellence. The definition of artistic excellence changes over time, but the collection should always be representative of the best examples available. 4.4.2 All works of art must adhere to the Public Art Plan and Art in Public Places vision, mission and goals. 4.4.3 The composition of the artwork shall be of a permanent type of material in order to be durable against vandalism, theft and weather, and require a reasonable level of maintenance. 4.4.4 Any artwork shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the site and surrounding environment. 4.4.5 The artwork shall be designed and constructed by persons experienced in the production of such artwork and recognized by critics or by peers as one who produces works of art. 4.4.6 Non-commissioned artworks must be authenticated as original and created by the artist forwhom it is attributed to. Non-commissioned works may bean authorized reproduction of an original, if deemed appropriate by Review Panel and Arts Commission forthe scope of the art project. Unauthorized copies or reproductions are not acceptable. Incases where the authenticity of a piece can reasonably be questioned, it must be authenticated before accession. 4.4.7 The artwork shall be consistent with the scope of project recommendation of the relevant City department, Arts Commission and subsequent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 13 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 approval by the City Council. 4.5 Commissioned artworks must gothrough atwo-phased process, the first being the presentation of proposed concept(s) and the second when the design has been decided. 4.5.1 Each phase will be reviewed first by Selection Review Panel for recommendation to the Arts Commission and then presentation to the appropriate Council Committee(s) who will recommend for Council action. 4.5.2 As conditions, market shifts and other extenuating circumstances arise, design alterations may become necessary. Any significant and necessary alteration after design approval by Council must be reviewed for approval by the City. 4.6 "Non-commissioned" artworks may qualify to be a part of the City's Public Art Collection. Acceptance of the artwork into the program will, as with all artworks, be determined through the established Accession of Artwork and Artwork Selection Policy and Procedure. 4.6.1 A special panel or committee may be convened to seek out and review available artworks for sale or loan through professional galleries, art brokers or directly through the artist for recommendation to the Arts Commission. 4.6.2 Artworks may be purchased from the Arts Commission annual exhibits of art, or by a "purchase award" exhibit program (Example: Puyallup Public Art Gallery, City of Kent's annual Juried Art Exhibit and Purchase Award Program}. 4.6.3 A Proposal to Purchase Artwork must be drafted for Art Accession processes, outlining available funds, cost of the artwork, cost of maintenance, site selection and how the artwork meets all other Accession of Artwork and Selection criteria forfinal approval by City Council. 4.7 A donor may make a proposal of a gift of art to the City to include in its Art in Public Places Program. Acceptance of the artwork into the program will, as with all artworks, be determined through the established Accession of Artwork and Selection Policy and Procedure. 4.7.1 Donors must submit a Letter of Intent to Donate Artwork to the City of Auburn with the artist name, biography or resume, title of the artwork, medium, size/dimensions, date of creation/fabrication and estimated value. Donors are encouraged to include a statement as to why they wish the artwork to be included in the Art in Public Places Program. 4.7.2 Donor may suggest a preferred site for the proposed gift, but artworks cannot be accepted under the condition of guaranteed andlor permanent siting of the artwork, should it be accepted into the Art in Public Place Program. Such requests will betaken only under recommendation for - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 14 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 consideration. 4.7.3 If the proposed gift is to be a memorial it must first go through Parks Board review process for Memorials before review forAccession of Artwork. 4.7.4 The Cultural Arts Staff and Arts Commission will acknowledge receipt of Intent to Donate Artwork and include an outline of Art Accession and Selection Policy and an estimate of a date of acceptance or rejection, and other conditions for consideration that might be applicable. 4.7.5 The City and/or Staff and/or Commission may ask to view the actual artwork. If it is not feasible or possible to view the artwork, the City may recommend not considering the gift. 4.7.6 A review panel will be convened to determine acceptance of the artwork and Cultural Arts Staff will determine available funds for site preparation and/or installation requirements. 4.7.7 If the artwork is recommended to Council forAccession, Cultural Arts Staff and/or Arts Commission must include a proposed site forthe artwork, maintenance plan, installation requirements and any funding required in order to meet all requirements of Accession of Artwork. 4.7.7.1 A professional appraisal shall be conducted by a qualified conservator of public artworks. 4.7.7.2 Artworks accepted must have install preparation conducted by Cultural Arts Staff, including proper mounting apparatus or archival framing. 4.7.8 If the gift of artwork is rejected, the Arts Commission must prepare a letter to the Donor and City Council outlining the specific reasons why the artwork does not meet one or any of the requirements outlined in the Art in Public Places Program or Art Accession criteria. 4.8 Temporary Displays (policy lanpuape in process as of September 2009) 5.0 PUBLIC ART COLLECTION MANAGEMENT The City of Art in Public Places Program has an obligation to assure the safety and preservation of its artworks and art site as it relates to the artwork. The City of Auburn Cultural Arts, Parks and/or Construction Inspection Staff will review all artworks for safe exhibition, public interaction and/or use, and transport. Evaluation of the Collection will be conducted through annual condition surveys and conservation activity. All information with regard to accessioned artworks shall be maintained in an accurate, orderly and retrievable form. All artworks accessioned into the collection will be documented in the following manner: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 15 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 5.1 The artwork will be catalogued with accession number, determined by year of accession and sequence of placement into the collection. 5.2 Maintenance will be recommended by the artist, per contract requirement, evaluated by City staff and other qualified professional and subsequently documented properly in the artwork's file. 5.3 A hard file, with Accession Number, a copy of pertinent contract information, maintenance scheduling, and information about the artist, including current address, and a site contact person if artwork is not located on City property shall be established. 5.4 Photographic documentation of the artwork forthe purpose of file information only. Artworks having multiple pieces or intricate parts are required to have additional documentation. Photographic documentation will also be placed in the file after extensive maintenance, remodeling, or cleaning of an artwork. 5.5 A written report by the project manager shall accompany all acquisitions and shall include the following: 5.5.1 A statement from the artist outlining the intention, aesthetic, symbolism, and cultural or ethnic basis of the artwork, as applicable. 5.5.2 "Care and Information sheet" completed by the artist, with specifications regarding specialty materials, paints, grouts, tiles, etc., used in creating the artwork, to assist in any maintenance and/or replacement artwork. 5.5.3 A statement describing intended public access, site relation, longevity, jurisdictional information, selection method, funding sources, and identifying all parties on record. 5.5.4 Any and all negotiated agreements with other City ornon-City agencies and/or entities. 5.5.5 Staff will draft a "Care and Information Sheet" for all artworks acquired by the City as part of the Public Art Program prior to the date of this policy. Definitions of Maintenance: REGULAR MAINTENANCE: The upkeep of the visual aspect of an artwork, including dusting, surface cleaning, continued visibility (as it pertains to overgrowth of vegetation, for example} and intended use, generally monitored by City staff and/or the property manager. STEWARDSHIP is the responsibility of the City for maintaining integrity of artwork in terms of record keeping, provenance, including display and/or loan of artworks and images, visual documentation and use of said documentation to represent the original artwork and the City of Auburn Public Art Collection. Stewardship also implies a respect to the intentions of the principal partners in the commission or purchase of the artwork including the artist, and the mission of the City of Auburn Public Art Program. EXTRAORDINARY MAINTENANCE: The upkeep of structural aspects of an artwork, including integrity of overall surface (which may include paint, sealant andlorfinishes), internal skeleton or surfaces, replacement or recreation of individual elements, and - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 16 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 changes in the immediate environs of a work, generally overseen by the Cultural Arts or Parks staff. EXCEPTIONAL MAINTENANCE: The City of Auburn Public Art Program recognizes that some artworks need exceptional, ongoing maintenance, beyond the scope of the annual maintenance survey. This commitment must be approved before such artworks are accessioned. MAINTENANCE STANDARDS: When artworks are found to be in need of repair, relocation, restoration or conservation, the City of Auburn Public Art Program shall be responsible for taking corrective action as outlined in this policy, and for assuring that the maintenance work is undertaken in accordance with appropriate professional standards. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 17 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 THREE-YEAR X2011-2014 PUBLIC ARTWORK DEVELOPMENT PLAN 1.0 INTRODUCTION The Public Art Development Plan is a long-range reference document, updated annually by Cultural Arts Staff and Arts Commission and submitted to City Council for approval, outlining: 2.0 Public Places for Public Artworks 3.0 Unifying Themes 4.0 Qualifying Capital Projects The Arts Commission intends for all public artworks to be an integral component and a reflection of civic identity and vitality. By identifying the natural and nurtured features of Auburn, and the particular neighborhoods, various locales and gathering places that define the City's character, the Arts Commission can meet the Art in Public Places Mission and Vision statements. During 2010, the Auburn Arts Commission and Cultural Arts Staff will draft athree-year public art plan outlining potential sites andlor opportunities for artworks, including proposed budgets. The following outlines the foundation from which the Arts Commission and Cultural Arts Staff will determine appropriate public art sites and opportunities: 2.0 PUBLIC PLACES FOR PUBLIC ARTWORKS: THE SUM OF AUBURN'S PARTS Every neighborhood, or gathering place in Auburn has a definable character, history and vision of itself as defined by the people who live, work, learn and play there, andlor through the natural environment that defines its landscape. In order to meet the Art Commission's goal of locating artworks throughout Auburn, the Arts Commission proposes the use of definable "gathering places," such as city parks, as appropriate specific sites or general locations for artworks. The following is a preliminaryldraft list of these locations: 2.1 Downtown -Immediate Priority Using the "Downtown Urban Center Zone" map developed by the Planning Department, the Downtown core is a specialized area that will feature artworks that are an integral component of the City's overall design plans and standards set forth for the area. Taking a cue from the Downtown Urban Center Design Standards, and in particular, the Auburn Junction Design Guidelines, each proposed artwork will reflect the goals and design guidelines set forth in these documents, as well as support the Art in Public Places own mission/purpose, and the artworks already located in the downtown core. RE: Funding -the development of artworks, either permanent ortemporary, will be primarily funded through Resolution 4323 "Integrated Artworks." - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 18 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 The Hills, Valley, Rivers, Parks, Pedestrian Corridors, Public Facilities and All Places that People Gather Lea Hill, West Hill, the Valley Floor, Lakeland Hills, Muckleshoot Reservation, "A" Street Corridor, Auburn Way Corridor, the proposed Environmental Park... these are just a few of the areas that maintain their own distinct identity and are places where residents of Auburn gather together as neighbors and as a community. Through public art, the city can not only celebrate these neighborhoods, but further establish them as "public places," providing citizens a sense of place and an opportunity to tell their story to others, and through the entire art collection, represent Auburn as a single community. In 2010 the Arts Commission will work with the Parks Dept., Planning Dept., Community Outreach Services and Planning & Community Development Committee to draft a document that will outline Auburn's various gathering places, and with them, potential sites for future artworks. RE: funding -Artworks in this category will (most likely, but not exclusively) fall under "Special Project Requests." The majority, if not all funds, will come from Resolution 4323 "Integrated ArtworkslCapital Projects under $3million." 3.0 UNIFYING ART THEMES All artworks should be part of a whole; a cohesive and singular public art program. To that purpose, the Arts Commission proposes artworks be developed from a common reference. The following is a list of "unifying themes" that define Auburn and are intended to informlinspire artistic expression and provide a common reference for all artworks: 3.1 Connections and Intersections: Auburn's connection to the world, and the world to Auburn. 3.2 Hometown: a place called home to peoples of the past, present and future. 3.3 Natural World: Influence and importance of the natural world on our lives and landscape. 3.4 Community, Conversation and Coming Together 4.0 QUALIFYING PROJECTS AND POTENTIAL ART SITES Each public art proposal will specifically outline the art selection criterion for public artworks, funding requirements, project development timeline, and a draft of the "Call to Artists" (or, RFQ} for approval by Mayor and City Council. These proposals will be presented annually for Council's review and/or approval: 4.1 The "Unifying Themes," Public Places for Public Artworks and the City's annually updated Capital Facilities Plan (CFP) will be the basis to determine qualifying art projects (for capital projects, as defined by Resolution No. 4323-Percent forArt Funding}. 4.2 A survey of "gathering places" and neighborhoods will be conducted to determine potential sites, community partners and other opportunities for public art. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 19 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 ~~i~EE 1- TFI~EF-~E~IR PL~1~1 [per 1 ~14~ PL~LI~ P~~ PiT~L~ ~ Res. 4546 ~ P~~ ~ 1-~I ~ T ~~il ~ ~ ~ ~ ~ r{e~nr~'~an t~ ~r ~ ~ f~ ~Yi~ ~t ~ ~rf~t Yia~n I ~ ~ 1~1 ~ Pmt ~ ~ ~ lion ~ [per 1 ~-1~ ~ ~-1 ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 20 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 RESOLUTION 4546 PERCENT FOR ART [Note: Resolution 4546-Percent for Art will be inserted here at a later date] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 21 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 ORDINANCE N0.6243: PRIVATELY DEVELOPED PUBLIC ARTWORKS -How it works Intent of Ord. No. 6243: • Encourage privately sponsored visual art throughout the City, especially Downtown • Enhance and maintain the aesthetic character of the City • Increase the effectiveness of visual communication in the City • Avoid visual clutter that may adversely effect property values, pedestrian and traffic safety • Establish a mechanism forthe City to offer advise andlor consultation regarding the development of public art projects sponsored by a private entity • Ensure compliance with City's Sign Code, Downtown Design Guidelines and Nuisance Laws. . Establish a policy and process for the City to accept donations of artwork Administrative Provisions of Ord. No. 6243: • Applies to all privately developed artwork, especially murals, visible from public right- of-way • Encourages the private entity to contact Planning Department with a representation of the artwork, or proposal for development of an artwork. • Planning Department will determine if the City Sign Code applies to the artwork. • Planning Department will promote and encourage a private entity to seek advice and/or technical assistance from the Cultural Arts Staff and Arts Commission to ensure that the artwork will work within the City's guidelines for public artwork • City encourages the private entity to provide routine maintenance to avoid dilapidation and becoming a public nuisance • City suggests that the Sponsor make provisions for subsequent modifications of the artwork • Gifts of artwork must be reviewed by the Arts Commission with final approval by City Council ADMINISTRATIVE FLOW CHART f~ x..v ~ r. f~ ~ ~:r ~ • ~ f ~ vx . f ~ ~ f . r x¢ ~f 'f } ry ~ # ~ f t r Art in Public Places Policy & Procedure Page 22 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 SAMPLE BROCHURE Re: Public Art In Private Development H~1~~1 F~ ~~;~lrtatnl ~ rte ~ tt~ ~#$F~ penr~ ~rhat* m ~ ~fre te~ietr p1ea5~ ~t d~ nF sart~ 1~,7~s or~artlt~llt ~F ~t~11~ oe~r8tt ait ~ ~vi~~ e~r~ m f~ Wl tl~ re~~ rmn 3 at Hall. 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WHEREAS, with reference to Chapter 18.28 ACC, the C-2, Central Business District, Subsection 18.28.050.F.3.estates as follows: "If a building has more than two street frontages then at least two of the frontages shall comply with subsections (F)(3}(b} and (F)(3)(g) and contain pedestrian amenities between the building and the right of way. Any remaining frontages shall either have pedestrian amenities, windows, murals, flat surfaced art work or other similar architectural features that would avoid large blank walls." WHEREAS, the City Council wishes to encourage privately sponsored art throughout the City, especially in the Downtown Urban Center, and WHEREAS, the City Council wishes to promote and maintain a high level of aesthetics in all artworks, both publicly sponsored and privately sponsored, within the City, and WHEREAS, pursuant to Chapter 2.84 ACC, the City of Auburn Arts Commission, appointed by the Mayor and confirmed by the City Council, is empowered to initiate, sponsor and conduct programs calculated to further public awareness of and interest in the visual, cultural, and performing arts, and in this regard, has expertise and specific knowledge regarding artworks that are already in place in Auburn, and - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 24 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 WHEREAS, the City of Auburn Arts Commission wishes to offer non-binding advice to private parties who are proposing to display artwork within the City in order to help ensure that artworks are appropriate and of high quality, and WHEREAS, the City of Auburn Arts Commission is the recognized advisory body to the City Council and to the Mayor regarding all City sponsored artwork and also acceptance by the City of artwork gifts, and WHEREAS, the City Planning Department is also responsible for enforcing the requirements the City's Sign code, which could implicate private artworks and wall murals, and WHEREAS, the City Planning Department is also responsible for abating public nuisances, which could also implicate private artworks and wall murals if not maintained. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. CREATION OF NEW CHAPTER TO CITY CODE. That a new Chapter 2.85 of the Auburn City Code -regarding Public Art, be, and the same is hereby created to read as follows: Chapter 2.85 Public Art Sections: 2.85.010 Intent and purpose. 2.85.020 Administrative Provisions. 2.85.030 Compliance with other codes and laws. 2.85.010 Intent and purpose. The A. The overall purpose of this Chapter is to enhance and maintain the aesthetic character, to promote the public health, safety and general welfare, and to increase the effectiveness of visual communication in the city. B. This Chapter is intended to promote a positive visual display of businesses and structures within the City so as to avoid visual clutter that may adversely impact traffic and pedestrian safety, or be adverse to property values, business opportunities and the city's overall appearance, and to prevent and abate public nuisances. C. This Chapter is also intended to establish a mechanism for giving suggestions and advice from City Planning staff and the City's Arts Commission to private parties, regarding the construction, location, use and maintenance of all privately sponsored art that is visible from the public right of way. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 25 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 D. This Chapter is also intended to ensure compliance with ACC 18.56, Signs, ACC 18.29, DUC, Downtown Urban Center District, and ACC 18.28, C-2, Central Business District, without unduly burdening commercial speech. 2.85.020 Administrative Provisions. A. All persons proposing to display artwork, especially wall murals, that will be visible from the public right of way, are requested and encouraged to contact the City Planning Department, and requested to provide the department with a high quality representation of the artwork. The Planning Department shall determine whether the proposed artwork constitutes a sign as defined in ACC 18.56, in which case, the permitting provisions of ACC 18.56 shall apply. If the Planning Department determines that the proposed artwork does not constitute a sign as defined in ACC 18.56, then the Planning Department staff shall promote and encourage following the provisions of this Chapter as follows: 1. The proponent is encouraged to consult with the City Cultural Arts Department and the City of Auburn Arts Commission to ensure that its proposed artwork will not pose problems in being integrated into the artistic fabric of Auburn. 2. The proponent is encouraged to take steps to provide for on-going maintenance of the artwork, to avoid degradation, and to avoid the artwork from falling into a state of dilapidation andlor becoming a public nuisance. 3. The proponent is encouraged to take steps to provide that any subsequent modification to the artwork is addressed, to ensure continued compliance with the City Sign Code, and to promote continued appropriate aesthetics. B. All persons wishing to make a gift of artwork to the City shall consult with the City Cultural Arts Department and the City of Auburn Arts Commission to seek the City's acceptance of it. The City of Auburn Arts Commission will advise the City Council on whether the gift is appropriate for the City to own and whether there should be any conditions or requirements applied to such artwork, such as location and maintenance of the artwork, if it is approved for acceptance. The final decision on such recommendations shall be by the City Council. 2.85.030 Compliance with other codes and laws. Nothing in this Chapter authorizes the installation, establishment or use of a sign, mural or artwork that is in violation of City Codes, or state orfederal law. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this ordinance. Section 3. Severability. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. Section 4. Effective date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Art in Public Places Policy & Procedure Page 26 of 26 Created by Laurie RoselEdited by Maija McKnight Jan 5, 2010 RESOLUTION N0. 4- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DIRECTING STAFF TO INCLUDE IN THE BUDGETS FOR PUBLIC FACILITIES ONE PERCENT FOR THE ARTS WHEREAS, the Auburn City Council established an Art in Public Places Program in 1988; and WHEREAS, the City Council has determined that public art is a crucial element of public health and welfare; and that public arts foster economic development, revitalize urban areas and improve the overall business climate and sense of community; and WHEREAS, the City Council further finds that awell-conceived work of art can increase the value of a development project, enhance the corporate image of the community, provide a visible and lasting contribution to the neighborhoods in which they are located; and WHEREAS, the City Council further finds that public art enriches and celebrates the whole community identity by developing a collection of artworks which have strong inherent aesthetic quality, represent diverse communities and have a wide range of artistic styles and disciplines; and WHEREAS, the established collection requires routine maintenance and preservation; and WHEREAS, as the City of Auburn develops new public facilities, it is appropriate for the art amenities to be consistently provided and for their costs included in the initial budgetfor planning and implementation purposes; and Resolution No. 4546 December 14, 2009 Page 1 of 4 WHEREAS, in connection with City of Auburn development of public facilities, it is advantageous to have public art installed as contemporaneously therewith as reasonably possible, so that those public facilities and amenities are more immediately enjoyable by the citizens of the City of Auburn. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. One Percent for the Arts. A. The Mayor and staff are directed to include in the budgets for the construction of new public facilities of the City of up to one percent (1%) of the amount of the initial projected project construction budgetfor City capital projects as follows: 1. Where the initial construction costs of new public facilities of the City are projected to be $3,000,000 or more, one percent (1 of the amount of the initial projected project construction budget shall be included, which amount shall be used for either: (a) An integrated artwork feature or (b) A separate but site specific feature of the construction project. The artwork must be designed to be incorporated in, complementary to, or a part of the construction project from which the one-percent-for-arts funds are derived. (c) Percent forArt funds may not be spent for the following: (1) Reproductions, by mechanical or other means, of original works of art. (2) Decorative, ornamental, or functional elements that are designed by the architect or consultants engaged by the architect. (3) Elements generally considered being components of a landscape architectural design, designed by a landscape architect as opposed to an artist commissioned for this purpose. (4) Directional or other functional elements, such as super graphics, signs, color coding, maps, etc. except where a recognized artist is employed. 2. Where the initial construction costs of a public facility is projected to be less than $3,000,000, up to one percent (1 of the amount of the initial projected project construction budget for such City capital project shall be deposited into a separate fund to be combined with the amounts derived from other public facility projects with initial construction costs projected to be less than $3,000,000, so that the City may provide other public art amenities in the Resolution No. 4546 December 14, 2009 Page2of4 community, either as a supplement for a capital project, or for an independent, Non-integrated, or later-phased public artwork, not necessarily connected with or related to any particular public facility. The amount of the up to one percent (1 of the amount of the initial projected project construction budget shall be determined as follows: (a) The amount of one-percent-for-arts funds collected for public facility projects with initial construction costs projected to be less than $3,000,000 shall be the lesser of (1 } the amount of one percent (1 of the amount of the initial projected project construction budget for such City capital project, or (2} the amount necessary to bring the total of undesignated one-percent-for-arts funds derived from public facility projects with initial construction costs projected of less than $3,000,000 to $60, 000. (b) For the purposes hereof, undesignated one-percent-for-arts funds derived from public facility projects with initial construction costs projected of less than $3,000,000 shall not include any such funds that have been designated or identified for use in any planned public art amenities in the community, whether as a supplement for a capital project, or for an independent, Non-integrated, orlater-phased public artwork. (c) Percent for Art Funds appropriated from the budget for one capital improvement project, but not deemed necessary or appropriate for that capital project, may be used for other areas in the City as prioritized by the Public Art and Design Master Plan and as permitted by law and in accordance with restrictions on the original funding source. B. Initial projected project construction budget amounts for the public facility shall include the amounts for site preparation and infrastructure costs, but shall not include preliminary costs and costs not directly related to construction, such as architectural fees, permit fees, and costs for traffic studies, project administration, relocation of tenants, environmental testing, public notice and advertising, and legal fees, or other indirect costs, such as financing costs or interest accruing during construction. (1) For the purposes hereof, "public facilities" refers to those facilities of the City that are publicly accessible. Public facilities, however, shall not refer to public infrastructure improvements, such as improvements to streets, sidewalks, trails, rights-of-ways or travel routes (2) For the purposes hereof, "publicly accessible" means locations that are open to the general public during normal business hours and/or visible by the general public at all times. Section 2. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation, to implement the City's One Percent for the Arts Program. Section 3. Replacement of Resolution No. 4323. This Resolution shall replace and supersede City of Auburn Resolution No. 4323, passed March 17, 2008. Resolution No. 4546 December 14, 2009 Page3of4 Section 4. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2009. CITY OF AUBURN ATTEST: PETER B. LEWIS, MAYOR Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 4546 December 14, 2009 Page 4 of 4