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01/28/2025 Ordinances 10,007 ORDINANCE NO.10,007 An ordinance to add Chapter 37, Article 6 to the Grand Island City Code for the purpose of establishing a public art commission, to reserve Chapter 37 Sections 54-59 for future use, to provide for publication and the effective date of this ordinance. WHEREAS, the City of Grand Island has an active and growing art community; and, WHEREAS, the City of Grand Island recognizes the opportunity to enhance our community through the arts; and, WHEREAS, the City of Grand Island owns or controls numerous locations which may be appropriate for the display of public art; and, WHEREAS, the Mayor and City Administration have been approached by members of the public interested in exploring opportunities for the display of art on property owned or controlled by the City of Grand Island; and, WHEREAS, the City of Grand Island is in need of a comprehensive process for the development of a robust public arts program; and, WHEREAS, the City of Grand Island has explored solutions developed and deployed by other municipalities within the State of Nebraska and believes a public-lead Arts Commission provides the best opportunity for a citizen-led public arts program. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,NEBRASKA that: SECTION 1. That the following sections of City Code be codified as "Reserved" so as to avoid the need to renumber sections should additions be needed to Chapter 37, Sections 1-59. ORDINANCE NO. 10,007 (Cont.) 37-54- Reserved 37-55- Reserved 37-56-Reserved 37-57- Reserved 37-58- Reserved 37-59- Reserved SECTION 2. Chapter 37, Article 6, be added to the Grand Island City Code as follows: Cross reference: 2-11 Boards and Commissions 37-60 Purpose of Article The purposes of this article are: 1. To allow for the creation of a public art commission. 2. To provide a system of review for acceptance and placement of public art gifts to the City. 3. To provide a system of review for the solicitation of public art projects to the City; 4. To provide a means to improve and maintain visual and cultural aspects of the City; 5. To expand public experience through exposure to culture through various art forms which enhance and improve public facilities and the City's environment; 6. To encourage and stimulate citizens, developers, landowners, contractors, and architects to support displays of art for public enjoyment. 37-61 Creation There is hereby created a Public Art Commission. 37-62 Funding & Staff - 2 - ORDINANCE NO. 10,007 (Cont.) The City may appropriate such funds as it deems necessary for the proper administration and functioning of the Public Art Commission. The City Administrator, or their designee, shall provide administrative support to Commission. 37-63 Definitions Art: Shall mean the application of skill and taste to tangible objects produced according to aesthetic principles. Artist: A practitioner of the visual fine arts, recognized by his or her peers as a professional who produces visual art, as defined below. Commercial Advertising: Shall mean all displays designed to promote a commercial enterprise, a not-for-profit corporation, or an individual other than a deceased public figure; or a display which includes commercial components such as business names, logos, references, or promotional materials except for those materials included on plaques placed by the Commission to memorialize the identity of donors of public art. Commission: The Public Art Commission. Visual Art: Shall include, but is not limited to: • Painting of all media, including both portable and permanently affixed work such as murals; • Sculpture, which may be in any material or combination of materials suitable for public display; • Other visual media, including but not limited to digital or electronic displays, prints, drawings, stained glass, calligraphy, mosaics, photography, clay, fiber and textiles, wood, metals, plastics, or other materials or combination of materials, or crafts or artifacts of meaningful artistic merit. - 3 - ORDINANCE NO. 10,007 (Cont.) 37-64 Composition. The commission shall have seven members, of which there shall be a member in each of the following categories: • Museum curator • Architect or landscape architect • Representative of a local nonprofit visual arts corporation or association • Visual art teacher; • Commercial or established visual artist or designer; • Two at-large members with demonstrated interest or experience in the visual arts. Commission members shall be residents of the City, reside within the extraterritorial jurisdiction of the City, or be employed at least 20 hours per week within the City by a museum, architecture firm, school, or non-profit visual arts corporation or association. 37-65 Appointment of Members. Members of the Commission shall be appointed by the Mayor, subject to confirmation by the City Council. Four initial members of the Commission shall be appointed to 4-year terms and three initial members shall be appointed to 3-year terms so as to stagger terms. Thereafter, all appointments shall be for a three-year term. In the event of a vacancy occurring in the membership of the commission for any reason, an appointment shall be made to fill the vacancy for the remainder of the unexpired term in the same manner as the original term. 37-66 Removal of Members. - 4 - ORDINANCE NO. 10,007 (Cont.) Members of the Commission may be removed for cause by the City Council. Cause may include, but is not limited to, consistent failure to attend meetings, violation of the provisions of this article, or personal conduct which brings the City or Commission into disrepute. Notification to the Mayor, and acceptance thereof, that a member of the Commission no longer meets qualification for the Commission in the position for which they were appointed, has failed to attend three consecutive meetings, or is deceased shall be deemed a vacancy upon acceptance of notice by the Mayor and does not require further action by the City Council or Commission. 37-67 Compensation of Members; Conflict of Interest. The members of the Commission shall serve without pay for the faithful performance of their duties. No one, by service on the Commission, shall be precluded from earning professional fees in the practice of their profession because of such service. Commission members may not serve on any other City Boards or Commissions. In any matters in which a Commission member has a conflict of interest,the member shall abstain from discussion or voting. 37-68 Rules of Procedure 1. Four regular members of the Commission shall constitute a quorum for the transaction of business. 2. Four affirmative votes by regular members of the Commission shall be necessary for final action on any matter. 3. The Commission shall, at its first meeting each calendar year, appoint a Chairperson. 4. The Commission shall meet at such times as it may determine, or upon call of the Chairperson. - 5 - ORDINANCE NO. 10,007 (Cont.) 5. The initial meeting of the Commission, and the first meeting each calendar year, shall be convened by the Mayor, who shall preside over the Commission as a non-voting member until such time as a Chairperson can be elected. 6. The Commission may establish other standards and procedures consistent with the provisions of this article as it deems necessary. 37-69 Duties The duties of the Commission shall be: 1. To make recommendations of any work of visual art to be acquired by the City, whether by purchase, gift or otherwise, and to recommend and supervise its proposed location; 2. To recommend the removal, relocation or alteration of any existing work of visual art in the possession of the City; 3. To examine works of visual art and make recommendation to the City Council in reference to the purchase of City-owned works of art; 4. To advise the City Council of the artistic merit and value of paintings, sculptures and other fine art articles offered to the City as donations or for purchase, or proposed for disposition by the City; 5. To confer with persons who have offered to donate or loan fine art to the City which may be placed on public sites or in public buildings in an endeavor to increase the aesthetic appeal and beauty of such public sites and buildings and the City in general; 6. To investigate and process the means by which fine art can be obtained, including the identification of grants which may be available for the purpose of acquiring such fine art, whether through federal, state or other governmental agencies or bodies through whom such grants may be obtained, and generally do whatever may be necessary or appropriate - 6 - ORDINANCE NO. 10,007 (Cont.) to acquire such fine art, and to bring such opportunities to the attention of the City Council; 7. To review both the proposed visual art and its proposed location for aesthetic quality and harmony with proposed municipal construction; 8. To act as an advisory committee to the City Council, Public Library Board, or other City boards, department, or commissions in all matters and deliberations pertaining to visual art and aesthetics, if requested by such body or department; 9. To encourage the display of visual art for public enjoyment; 10. To make recommendations concerning ongoing curatorship and maintenance of city- owned visual art; and 11. To evaluate the placement of public art in a manner which does not interfere with the flow of pedestrian or vehicular traffic, ingress or egress from property, safety and convenience, or reasonable access to and/or maintenance of trees, shrubs, poles, posts, traffic signs or signals, hydrants, mailboxes, and access to locations used for utility services and public transportation. 12. To reduce unnecessary exposure of the City to injury or damage claims and insurance liability; and to reduce or eliminate the impact of criminal behaviors such as vandalism or graffiti through the use of materials suitable for public art. 13. To report to the City Council, in writing, all of its recommendations, deliberations and minutes of each meeting. 37-70 Submission of Proposals 1. Prior to the acquisition, relocation, or disposal of works of visual art by the City, the responsible department shall submit such proposal to the Commission. The Commission - 7 - ORDINANCE NO. 10,007 (Cont.) shall make its recommendation in response to such proposal, in writing to the City Council and responsible department within 30 days of such submittal. 2. Recommendations of the Commission shall include evaluation of such factors as the Commission deems appropriate. The Commission is encouraged to evaluate factors such as price, materials, labor, insurability, general quality & merit, life-cycle, placement, and promotion of public art. 3. The Commission may request all plans, sketches, models, information concerning history and competence of the artist, and all other information deemed necessary to adequately review a proposal. 4. The Commission may request consultation of employees and officials of the City as may be necessary to evaluate proposals and submissions, and must take efforts to evaluate any impacts on public safety, welfare, health, or compliance with law. 5. The Commission may make such public requests as funding allows and as it deems necessary to facilitate its duties. The Commission may aid departments of the City and the City Council in developing and evaluating requests for proposals or calls for artists as may be necessary from time to time. 6. Proposals or submissions recommended by the Commission may not include Commercial Advertising. 7. Proposals for the acquisition of art in any fashion other than an absolute and unrestricted transfer of ownership to the City must be accompanied by proof that the owner, donor, or applicant has provided proof that they have, and will maintain, a public liability insurance policy in the form of a commercial or comprehensive general liability policy which - 8 - ORDINANCE NO. 10,007 (Cont.) names the City as an additional ensured and which has been purchased for a term consistent with the proposed public display of said artwork. 8. Proposals which incorporate landscaping, trees, shrubbery, flowers, or other material requiring maintenance shall be accompanied by a maintenance plan and shall be evaluated for all costs associated therein. 37-71 Specific Reservations 1. The Commission may not bind the City in any matter. 2. The Commission may not make recommendations which violate the law or which constitute unlawful discrimination. 3. The Commission may not take actions motivated by personal financial gain, the promotion of any candidate for political office, or the promotion of religion. 4. The Commission may not grant, deny, or waive any license agreement or permit. 5. The Commission may not recommend acquisition, donation, acceptance, placement, or relocation, of any art which will be placed: a. Within five feet of kiosk, bench, trash receptacle, or bicycle rack, or three feet of mailbox, post, pole, or any area planted with grass, shrubs, flowers, or trees; except that such standards may be waived if pedestrian circulation space between such items and the work of art is not needed and sufficient space for maintenance of such items and the work of art is provided; if the original design of such items specifically provides for works of art in an integrated design; or if the work of art may be incorporated into an integrated design of such items. b. Within the sight triangles of any street, alley, and/or driveway intersection. c. So as to reduce the clear, continuous sidewalk width to less than eight feet; - 9 - ORDINANCE NO. 10,007 (Cont.) d. Within five feet of any fire hydrant or other emergency facility; e. Within five feet of any driveway or alley; f. Within six feet of a display window or building entrance; g. Within six feet of the curb face; h. So as to impair or interfere with pedestrian traffic; i. So as to interfere or impair the vision of operators of vehicles at or near street intersections or roundabouts; j. So as to require the pruning or removal of any tree, shrub, or flowers except that such standard may be waived if such pruning or removal of any tree, shrub or flowers would not diminish the aesthetic appearance, natural form, value and/or health of such trees, shrubs, and the surrounding landscaping; k. Upon any highway right-of-way or any other federal aid highway without the approval of the necessary State or Federal authorities, and in accordance with any conditions of such approval. 6. The lack of such submittal to, or recommendation by, the Commission shall not invalidate any project or acquisition undertaken by the City. SECTION 3. All provisions of this ordinance shall be in force and take effect immediately upon its passage and publication pursuant to law. Enacted: January 28, 2025 , .e.,,/`Le.. -ef--Zei Ro . Steele, Mayor Attest: OF GR.............................., 2;mnety Clerk .► ` - 10 - d'EB R As`''.