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HomeMy WebLinkAboutOrdinance 5332 ORDINANCE NO. 5332 AN ORDINANCE TO AMEND CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES BY ENACTING TITLE XXI, FAYETTEVILLE ARTS COUNCIL INTO THE FAYETTEVILLE CODE WHEREAS, the City of Fayetteville passed Resolution No. 60-07 creating the Fayetteville Arts Council on April 3`d, 2007; and WHEREAS, the Fayetteville Arts Council wishes to be empowered by the Fayetteville City Council through this ordinance with the powers found in §33.342. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby codifies the Fayetteville Arts Council by enacting Article XXI Arts Council into the Fayetteville Code as shown below: "§33.340 Arts Council Established; Membership "(A) The establishment of the Fayetteville Arts Council by Resolution No. 60-07 is affirmed by this code section. The Arts council shall have nine members appointed by the City Council and serve three year staggered terms. "(B) The members of the Fayetteville Arts Council shall be arts professionals or citizens of diverse backgrounds with strong links to the Fayetteville arts and cultural community. At least four members shall be artists working professionally in their field. 1133.341 Purpose "The purpose of the Arts Council shall be to promote and to encourage the appreciation and enhancement of the arts and culture resources of Fayetteville. The continued vitality of the arts in the City of Fayetteville 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 Fayetteville and enrich the participants in the arts as well as those who observe them. Several organizations which exist in Fayetteville are active in the arts and provide leadership to the community on arts related matters. The Fayetteville Arts Council assists those organization and individuals. Page 2 Ordinance 5332 1133.342 Powers and Duties "(A) The Arts Council shall be specifically responsible for, but not limited to, the following: "(1) The Arts Council shall review all public art to be located on public property with a value greater than $5,000 that has been donated to the City of Fayetteville. Donated art located on public property valued less than $5,000 shall be approved by the City through an administrative review process. "(2) The Arts Council shall review all permanent public art that is to be located on City-owned property or right-of-way with a value greater than five thousand dollars ($5,000). "(3) The Arts Council may review temporary public art or public art that has a value of less than five thousand dollars ($5,000) and is to be located on City- owned property or right-of-way. "(4) The Arts Council may assist the City Council, the Fayetteville Parks and Recreation Advisory Board, Historic District Commission and the Planning Commission in using public art to enhance existing development. "(5) The Arts Council may be involved with the planning of capital improvement projects undertaken by the City where there is potential for aesthetic involvement and where the arts may be incorporated into the final design of the project. This may include streets, trails, structures and infrastructure improvements." 1133.343 Public Art Approval Process "(A) The Arts Council within 30 days from the date on which a complete application is submitted to the City shall review and make a recommendation on the public art to be purchased by, or donated to, the City of Fayetteville. This process shall respect the diversity of art and give consideration to the efforts of a potential donor to the City." PASSED and APPROVED this 6t' day of July, 2010. APPROVED ATTEST: By: ��---- By:— QhA4A,4J °``o�l��nnirrrrrvy�o O ELD JO N,Mayor SON E. SMITH, City Clerk/TreasuG yT� sG �,' _tea .F o FAYETTEVILLE*o .,ys.9,�KANSP�J�db �'�i`NGT ON�aG�a'°° City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements City Council Meeting Date Agenda Items Only Leif Olson Planning Development Services Submitted By Division Department Action Required: ADM 10-3532; (Arts Council Establishing Ordinance): Submitted by City Planning Staff. The request is to establish the Arts Council in the City of Fayetteville Code of Ordinances Title III Chapter 33: Departments, Boards, Commissions and Authorities . Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution# Department i ctor D Original Contract Date: o Original Contract Number: City Attorney Date -ca-� CL - 1-10to Finance and Internal Services Director Date Received in City Clerk's Office 05-1 1 -1 O P 0 2 : 31 R C V D Chief of S aff Date Received in Mayor's Office c� ayor Comments: Revised January 15,2009 aPV111C THE CITY OF FAYETTEVILLE,ARKANSAS ylL.'. DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy Pate, Development Services Director From: Leif Olson, Associate Planner Date: June 11, 2010 Subject: Fayetteville City Code Amendments—ADM 10-3532 Arts Council Establishing Ordinance PROPOSAL: The City Council passed Resolution 60-07 in April of 2007 forming the Fayetteville Arts Council.The Development Services Division is bringing forward a proposal to amend the Fayetteville Code of Ordinances Title III Chapter 33: Departments,Boards, Commissions and Authorities in order to form the Fayetteville Arts Council through an ordinance. During the creation of the Fayetteville Arts Council (FAC) Strategic Plan the Arts Council requested that staff develop an establishing ordinance that would replace the existing resolution and codify the FAC as a City Board.At the February 2010 FAC meeting, staff presented a draft ordinance that the Arts Council supported. Staff then had the City Attorney prepare the proposed ordinance.The City Attorney suggested removing language that should be located in the FAC bylaws. The City Attorney's draft ordinance was reviewed by the Development Services Division,Parks and Recreation Division and City Administration and additional comments and changes were made. The final changes made to the ordinance include: • Removal of language related to creation, membership and organization that should be located in the FAC bylaws. • Inclusion of a process for administrative approval for public art donations valued at less than$5,000. • Changing language in 33.342(A)(5) so that the FAC may,not shall,be involved with the planning of capital improvement projects. • Addition of language giving a set time limit for the FAC to make a recommendation or approval of a public art project. • Addition of an appeal process. The Fayetteville Arts Council reviewed the proposed ordinance at its May 5, 2010 meeting and voted 5-0-0 in support of the draft ordinance. RECOMMENDATION: The Development Services Division recommends approval of this ordinance. BUDGET IMPACT: No budget impact. ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES BY ENACTING TITLE XXI,FAYETTEVILLE ARTS COUNCIL INTO THE FAYETTEVILLE CODE WHEREAS, the City of Fayetteville passed Resolution No. 60-07 creating the Fayetteville Arts Council on April P,2007; and WHEREAS,the Fayetteville Arts Council wishes to be empowered by the Fayetteville City Council through this ordinance with the powers found in §33.342. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby codifies the Fayetteville Arts Council by enacting Article XXI Arts Council into the Fayetteville Code as shown below: "§33.340 Arts Council Established; Membership "(A)The establishment of the Fayetteville Arts Council by Resolution No. 60-07 is affirmed by this code section. The Arts council shall have nine members appointed by the City Council and serve three year staggered terms. "(B)The members of the Fayetteville Arts Council shall be arts professionals or citizens of diverse backgrounds with strong links to the Fayetteville arts and cultural community. At least four members shall be artists working professionally in their field. "33.341 Purpose "The purpose of the Arts Council shall be to promote and to encourage the appreciation and enhancement of the arts and culture resources of Fayetteville.The continued vitality of the arts in the City of Fayetteville 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 Fayetteville and enrich the participants in the arts as well as those who observe them. Several organizations which exist in Fayetteville are active in the arts and provide leadership to the community on arts related matters.The Fayetteville Arts Council assists those organization and individuals. "33.342 Powers and Duties "(A)The Arts Council shall be specifically responsible for,but not limited to,the following: "(1)The Arts Council shall review all public art to be located on public property with a value greater than$5,000 that has been donated to the City of Fayetteville. Donated art located on public property valued less than$5,000 shall be approved by the City through an administrative review process. "(2)The Arts Council shall review all permanent public art that is to be located on City-owned property or right-of-way with a value greater than five thousand dollars($5,000). "(3)The Arts Council may review temporary public art or public art that has a value of less than five thousand dollars($5,000)and is to be located on City- owned property or right-of-way. "(4)The Arts Council may assist the City Council,the Fayetteville Parks and Recreation Advisory Board,Historic District Commission and the Planning Commission in using public art to enhance existing development. "(5)The Arts Council may be involved with the planning of capital improvement projects undertaken by the City where there is potential for aesthetic involvement and where the arts may be incorporated into the final design of the project.This may include streets,trails, structures and infrastructure improvements." "33.343 Public Art Approval Process "(A)The Arts Council within 30 days from the date on which a complete application is submitted to the City shall review and make a recommendation on the public art to be purchased by, or donated to,the City of Fayetteville.This process shall respect the diversity of art and give consideration to the efforts of a potential donor to the City." "33.344 Appeal Process "(A) An Alderman may bring an appeal of an Arts Council decision to the City Council for further review." 2 PASSED and APPROVED this day of , 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer THE CITY OF FAYETTEVILLE,ARKANSAS CITY PLANNING DIVISION e ev! e 125 Fayetteville, West Mountain Fayetteville,AR 72701 Phone (479)444-3443 ARKANSAS Fayetteville Arts Council Resolution vs. Ordinance Purpose: The purpose statement is the same for the new ordinance. Membership:The membership requirements are the same in the new ordinance. Officers: This section was removed from the proposed ordinance,and will be adopted through FAC bylaws. Meetings;Quorum;Voting:This section was removed from the proposed ordinance,and will be adopted through FAC bylaws. Rules and Regulations.This section was removed from the proposed ordinance,and will be adopted through FAC bylaws. Powers and Duties. This section has been changed for the proposed ordinance and it gives the FAC broader powers than those granted by the resolution. Resolution Ordinance VII.Powers and Duties. (A)The Arts Council shall be specifically responsible for,but not A.The Fayetteville Arts Council shall review all offers of limited to,the following: donation and provide a recommendation to the City Council. Same "(1)The Arts Council shall review all public art to be loca:7� d • B. The Fayetteville Arts Council shall ensure the arts continue public property that has been donated to the City of to be of value as an integral part of Fayetteville. d ayetteville. w • C. The Fayetteville Arts Council shall promote the arts in2)The Arts Council shall review#*,,' ent public Fayetteville to enrich the lives of its citizens through educationhat is to be located on City-owneor right-of- and demonstration. ay with a value greater than fiveollars$5,000).D.The Fayetteville Arts Council�assist the City Council, the Fayetteville Parks and Recreation Advisory Board,Historic (3)The Arts Council may review public art or District Commission and the Planning Commission in usingublic art that has a value of less ousandpublic art to enhance existing development in public parks andollars($5,000))and is to be locatwned other public lands and in public structures. pt erty or rigVof-way. E.The Fayetteville Arts Council may advise the Planning Commission,the Fayetteville Parks and Recreation Advisory "(4)The Arts Council may assist the City Council,the Board,other City commissions and committees and City Fayetteville Parks and Recreation Advisory Board,Historic departments regarding artistic components of all municipal "may"to District Commission and the Planning Commission in using government projects under consideration by the City.The "shall" public art to enhance existing development. Council may also serve as a resource for artistic components of land use developments. • F. The Fayetteville Arts Council shall develop and recommend "(5)The Arts Council shall be involved with the planning of Y p capital improvement projects undertaken by the City where to the City Council policies and programs that would enhance there is potential for aesthetic involvement and where the arts and encourage the planning,placement and maintenance of may be incorporated into the final design of the project.This public displays of art in location open to the public within the may include streets,trails,structures and infrastructure community. improvements." • G. The Fayetteville Arts Council 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. • H. The Fayetteville Arts Council shall recognize and encourage groups and organizations that enrich life by bringing cultural and artistic values and artifacts to the City. • 1. The Fayetteville Arts Council shall pursue gifts and grants for support of arts programs and activities and the procurement of public art. • Included in the FAC Strategic Plan Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Leif Olson, Strategic City Planner FROM: Kit Williams, City Attorney -- —-- __ DATE: March 8, 2010 RE: Fayetteville Arts Council I have rewritten the codification of the Arts Council with their requested powers exactly as you provided them to me. I did shorten their creation, member and organization verbiage to remove language that did not need to be specifically codified in their chapter. I left their purpose section virtually unchanged. Please provide this draft to the Arts Council. The original Resolution No. 60-07 as well as the incorporated Bylaws, Rules and Procedures should be included in any City Council Agenda packet as the current official city position until changed by the City Council by this new ordinance. I"` ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 33 DEPARTMENTS, BOARDS,COMMISSIONS AND AUTHORITIES BY ENACTING TITLE XXI, FAYETTEVILLE ARTS COUNCIL INTO THE FAYETTEVILLE CODE WHEREAS,the City of Fayetteville passed Resolution No. 60-07 creating the Fayetteville Arts Council on April Sia,2007;and WHEREAS, the Fayetteville Arts Council wishes to be empowered by the Fayetteville City Council through this ordinance with the powers found in§33.342. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby codifies the Fayetteville Arts Council by enacting Article XXI Arts Council into the Fayetteville Code as shown below:. "§33.340 Arts Council Established;Membership "(A) The establishment of the Fayetteville Arts Council by Resolution No. .60-07 is affirmed by this code section. The Arts council shall have nine members appointed by the City Council and serve three year staggered terms. "(B) The members of the Fayetteville Arts Council shall be arts professionals or citizens of diverse backgrounds with strong links to the Fayetteville arts and cultural community. At least four members shall be artists working professionally in their field. "33.341 Purpose "The purpose of the Arts Council shall be to promote and to encourage the appreciation and enhancement of the arts and culture resources of Fayetteville.The continued vitality of the arts in the City of Fayetteville 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 Fayetteville and enrich the participants in the arts as well as those who observe them. Several organizations which exist in Fayetteville are active in the arts and provide leadership to the community on arts related matters.The Fayetteville Arts Council assists those organization and individuals. 1133.342 Powers and Duties "(A) .The Arts Council shall be specifically responsible for,but not limited to, the following: "(1)The Arts Council shall review all public art located on public property that has been donated to the City of Fayetteville. 11.(2) The Arts Council shall review all permanent public art -that is to be located on City-owned property or right-of-way with a value greater than five thousand dollars($5,000). "(3) The Arts Council may review temporary public art or public art that has a value of less than five thousand dollars.($5,000) and is to be located on City-owned property or right-of-way. "(4)The Arts Council may assist the City Council,the Fayetteville Parks and Recreation Advisory Board,Historic District Commission and the Planning Commission in using public art to enhance existing development. "(5)The Arts Council shall be involved with the planning of capital improvement projects undertaken by the City where there is potential for aesthetic involvement and where the arts may be incorporated into the final design of the project.This may include streets,trails,structures and infrastructure improvements." PASSED and APPROVED this 6`h day of April,2010. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E.SMITH,City Clerk/Treasurer RECEIVED JUL 2 7 2010 NORTHWEST ARKANSAS CITY OF FAYETTEVILLE CITY CLERK'S OFFICE NEWSPAPERS,-c Northwest Arkansas Democrat Gazette The Morning News of Springdale The Morning News of Rogers Northwest Arkansas Times Benton County Daily Record 212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest Arkansas Newspapers LLC. Printed and published in Washington & Benton County, (Lowell), Arkansas and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville — Ordinance 5332 July 15, 2010 Publication Charge : $ 149.15 Signed: _ Subscribed and sworn to before me ThisJA-day of'3m 1y 2010. Notary Public - My Commission Expires: Do not pay from Affidavit, an invoice will be sent Jim Mears Washington Cow,, Commission Number 12374047 Notary Public-Arkansas `�:g C.ea��rission Expires Jan.20,2020