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HomeMy WebLinkAbout2022-08-15 Ordinance 3046_Public Art Advisory Committee, EstablishORDINANCE NO. 3046 AN ORDINANCE TO ADOPT CHAPTER 25, ESTABLISHING A PUBLIC ART ADVISORY COMMISSION WHEREAS, public art makes places memorable and appealing, and reflects the time, energy, resources, and the spirit of the community; and WHEREAS, a Public Art Advisory Commission working in partnership with City departments, developers, and other public and private -sector organizations and agencies to develop, plan and implement a Public Art Master Plan will aid in the development of meaningful public art, thorough consideration of each piece, and the use of city and private resources for the benefit of all citizens of Waukee; and WHEREAS, a Public Art Advisory Commission will aid the City in providing opportunities for citizens of the City of Waukee to experience and participate in the cultural and artistic legacy of this region by advising the Mayor and City Council concerning opportunities for the placement of art in public places and in designated City and private sector construction projects; and WHEREAS, a Public Art Advisory Commission is intended to establish and ensure a process to allow for a more thorough review of artistic public sector projects and assist in artistic private sector projects, when appropriate, that sustain interest and support for public art within the City of Waukee and encourage economic development, a sense of place, and tourism. BE IT THEREFORE ORDAINED, by the City Council of the City of Waukee: SECTION I. Waukee Municipal Code Chapter 25, Public Art Advisory Commission, is hereby established as follows: 25.01 PURPOSE The purpose of this chapter is to establish a Public Art Advisory Commission, hereinafter referred to as "the Commission" and assist and advise the Waukee City Council in the promotion of public art within the City's physical environment and public spaces. 25.02 ORGANIZATION OF THE, COMMISSION The Commission shall consist of seven (7) members, appointed by the Mayor with the approval of the City Council. The appointment of each member of the Commission shall be for staggered terms of three (3) years. At the time of initial appointment, the Mayor shall designate the length of term for each member to provide for staggered terms. 1. Upon appointment, the Commission shall be called together by the Mayor and shall organize by electing one member as Chair and one as Recording Secretary from any of its members. The Chair and Secretary shall each serve one year terms, but be eligible for reelection to those positions in the discretion of the commission. 2. A majority of the membership of the Commission shall constitute a quorum. The Director of Parks and Recreation or designee shall act as City Staff to the Commission and shall attend all commission meetings. 3. All members of the Commission shall serve as such without compensation. 4. Any Commission member may be removed from the Commission for any reason by the Mayor, subject to the approval of the City Council. Any such removal shall be stated in writing and filed with the City Clerk's Office and a copy thereof filed with the Chair of the Commission. Any member consistently absent from the Commission meetings, without sufficient excuse. shall be considered to have vacated their appointment. In the event a vacancy arises, a new commission member shall be appointed by the Mayor with the approval of the City Council, and the commission member so appointed shall serve the balance of the unexpired term. Any vacancies shall be filled within sixty (60) days after the position becomes vacant. 5. Membership shall be open to a balanced, diverse mixture of citizen representatives from the community at large who are recognized for their interest or experience with visual arts. Members shall reside within the municipal boundaries of the City of Waukee and members shall not hold any other elective or appointed offices within the City government. 25.03 POWERS AND DUTIES The Commission shall have the following powers and duties: 1. Advise the City Council on the acquisition, placement, and maintenance of public art on City property including public art in connection with a capital improvement project. No public art shall be installed, or existing work of public art removed from public spaces, without first being reviewed by the commission. 2. Hold public meetings to take place at least quarterly and maintain a record of its proceedings as required by chapter 22 of the Iowa Code. 3. Advise and assist the City Council with regard to the creation and adoption of a Public Art Master Plan, which shall include at the minimum criteria and methods of selecting artists, public art installations, location and placement of public art, and funding criteria and guidelines. The Master plan, to be adopted by the City Council, may also enumerate in detail the Commission's roles and responsibilities in overseeing the public art program. 4. Make recommendations to the City Council on the amount and allocation of City funding for visual arts programs and services. 5. Prepare an annual report to the City Council summarizing the commission's activities during the preceding year and make recommendations for the proposed activities for the succeeding year by the commission. 6. Propose such rules and regulations governing the commission as it may deem necessary, and which are not in conflict with federal, state, and municipal laws, to the City Council for consideration and approval. 7. Consistent with City Council policy, serve as advocates for public art to the City Council, as well as the private sector, local, regional, state, and federal governments. 8. Explore, advocate for, and secure non -City sources of funding for the visual arts. 9. Thoroughly consider the operation and maintenance expenses associated with works of public art. If the proposed work of art requires extraordinary operation and maintenance expenses, the Commission shall recommend another work of art or submit a statement of overriding consideration as to why the public art should be utilized, notwithstanding its extraordinary operation or maintenance expense SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This ordinance shall be in effect upon its final passage, approval and publication as provided by law. Passed by the Council the 15t' day of August, 2022, and approved this 15`" day of August, 2022. /I &:W- Cour ney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk