Arts Council Plan 12-07-09-LO

8/14/2019 Arts Council Plan 12-07-09-LO

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Adopted December 2, 2009 by

the Fayetteville Arts Council.

Mayor:Lioneld Jordan

Arts Council:Betsy Gross Elizabeth Margulis

Dede Peters Robert Ginsburg

Jay Baker Martin Miller

Julie Gabel Hank Kaminsky

Jessica Minton

Council Action Plan

2009-2012

Green it up,Art it up.

ARTS


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Prepared by the City of Fayetteville

Strategic Planning and Internal Consulting Department

113 W. Mountain St. Fayetteville, AR 72701

479-575-8267

fayettevillespublic art

1

Summary 2

Issue 3

Process 4

Goals 6

Action Plan 9

Appendices 10

Appendix A: Future Projects and Ideas 10

Appendix B: Proposed Ordinance 11

Appendix C: Bylaws 12

Appendix D: Process for Public Art Review 14

Appendix E: Process for Municipal Art Discussion 17Appendix F: List of Art Projects in Fayetteville Parks 18

trail of tears marker,martin luther king boulevard

public art bench, wilson park

world peace prayer fountain,fayetteville town center


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John Updike once said that What art offers is spacea certain breathing roomfor the spirit. The Fayetteville Arts Council has developed an action plan thatcreates space for art. Members met with Strategic Planning and Internal Consultingstaff during their regularly scheduled meetings in August, September, and Octoberof 2009 to craft goals and action steps for the Arts Council to pursue over thenext three years. The five goals are:

Incorporate functional art into municipal infrastructure; Leverage the Cultural Art s District; Clarify policies and procedures related to art review; Advocate for public recognition and patronage of the arts; and Identify alternatives and the associated costs and benefits for a permanent

public arts funding stream.

These goals capture the communitys overall commitment to the arts as well thechallenges the current economic climate poses to procuring art and funding artsevents. The Arts Council will serve as an advocate for public recognition of theCitys current art inventory and work with other organizations dedicated to the artsand artists to leverage cultural opportunities for the City. The goals also integratea discussion of art into the design phase of all municipal infrastructure, with aparticular emphasis on the Cultural Arts District. This process will invite creativityin concepts and cost-savings, as well as encourage the City to include an aestheticcomponent to infrastructure that leaves an enduring mark on the Citys built form.

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Vision Statement:

Fayetteville is a thriving

community where imagination

and sustainable creative arts are

vitally integrated into

everyday life.

Mission Statement:

The Fayetteville Arts Council

creates an environment where

the arts flourish and enrich the

quality of life in Fayetteville and

the surrounding area, working to

strengthen our broad array of arts

resources and offerings, identify-

ing and utilizing the local and

regional assets and investment,

while enhancing thecultural, economic and social

framework of Fayetteville.


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The Fayetteville City Council formed the Arts Council in April 2007 throughRes. No. 60-07. The resolution stated that the Arts Council would help definethe communitys identity and sense of place, promote social interaction, bring thearts into everyday life, and memorialize the past while expressing shared values forthe future.

The concept of the Arts Council was brought forward by City staff in response toa donated memorial that was initially accepted, but staff couldnt find an appropri-ate public location for due to its size and text. This incident highlighted the lackof a process for accepting donated art and it also became an opportunity for artistsand supporters of the arts to establish a body with broader goals and responsibilitiesthan simply reviewing donated art. These powers and duties included promoting thearts to enrich the lives ofcitizens through education and demonstration, advis-

ing City Departments regarding artistic components of all municipal governmentprojects under consideration by the City, and pursuing gifts and grantsfor theprocurement of public art. (Resolution No. 60-07)

The Arts Council was assigned to the Parks and Recreation Department, with thestipulation that staff wasnt required to attend regular meetings of the Arts Coun-cil. Though the Arts Council has met once a month since its founding, mem-bers found it difficult to gain traction on goals and have reviewed two donatedart works; city fragments by Steve Hoover, installed on Frisco Trail, and HankKaminskys manhole cover at the Blair Library. This lack of progress generated a

sense of frustration among Arts Council members, City staff and the Administra-tion, all of whom wanted to see the arts supported and enhanced communitywide.

The Strategic Planning and Internal Consulting Department was formed in March2009 in order to provide services to departments, divisions and elected and appoint-ed officials. Connie Edmonston, Parks and Recreation Director, Don Marr, Chiefof Staff, and Hank Kaminsky, Arts Council Chair all individually approached Stra-tegic Planning staff about working with the Arts Council to review its role withinthe City and to facilitate the development of a realistic action plan that integratesa discussion of public art with City projects. Additionally, the Arts Council isseen as an integral part of a larger arts discussion taking place in the community

city fragmentsby Steve Hoover


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Strategic Planning staff facilitated three meetings with the Arts Council.These meetings were designed to brainstorm ideas for goals and action stepsto implement the vision and mission of the Arts Council.

August 2009: The Arts Council reviewed its mission and vision statement,which were created in 2008, through a process facilitated by Bruce Johansenfrom the Johansen Group, a management consulting company.

brainstorming

The members then began brainstorming goals that could be achieved within athree-year time period. The group prioritized five overarching goals.

September 2009: The Arts Council reviewed the agreed upon goals anddecided to limit the goals to the following four: To redefine role of the Arts Councils in the City and clarify protocol; To advocate for public recognition of the arts; To leverage the Cultural Arts District for opportunit ies in the Down

town; and To identify alternatives and associated costs and benefits for a permanent

public arts funding stream.

A goal of facilitating a community discussion as to what high aesthetic stan-

dards are was eliminated from the list so that it could be listed as a poten-tial action item.

The group then generated action steps for each goal by writing individualthoughts on post-it notes and placing them under the appropriate goal, group-ing similar actions together.

After completing this exercise, the members focused on the tasks listed underredefining the role of the Arts Council and clarifying protocol. One task wasto redefine the process for approval of public arts. Multiple tasks articulatedthe concept of incorporating public art into city infrastructure.

that includes the work of Fayetteville Forwards Creative Economy group and theChamber of Commerces Arts, Entertainment and Creative Economy group.

Public Art expresses

the symbols of the

community. It tells us

and the world who we

are. It shows us where

we have been__Hank Kaminsky,

Arts Council Chair


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I nclude aestheti cs int o municipal infrastructure.Re-umbrella to Planning and involve ourselves with the design andimplementation of stuff.

One member expressed a desire to see the incorporation of art into City

projects in the same manner that the City includes the use of sustainablepractices, causing another member to comment that the approach could be,Green it up, art it up.

The Arts Council also addressed the goal of identifying a permanent publicarts funding stream, concluding that this goal was a research project thatwould need further analysis.

October 2009: The Arts Council addressed the final two goals by review-ing the action items. Karen Minkel, Strategic Planning and Internal Con-sulting Director, prefaced the discussion with a reminder about the current

budget climate, which would invite close scrutiny of any action item thatrequired funding. She also mentioned the strengths of a City-appointedbodypublic oversight and technical expertiseversus the weaknesseslim-ited ability to move an event or project approval quickly through a gov-ernmental organization, particularly when the project has direct or indirectcosts. The members then worked diligently to combine similar ideas, elimi-nate items that did not fall within the groups purview, and strengthen con-cepts that had merit and potential.

Items such as inventorying the Citys current public art collection and ex-

ploring a formal relationship with the Arkansas Arts Council became highpriorities under the goal of advocating for public recognition of the arts. Adiscussion about leveraging arts opportunities within the Cultural Arts Dis-trict focused on potential incentives for artists and consumers of arts suchas tax breaks. The conversation also linked the goal of incorporating publicart into municipal infrastructure projects. Members mentioned possibilitiessuch as the need for wayfinding signage in the Cultural Arts District andart opportunities in the painting of fire hydrants and light poles.

Strategic Planning and Internal Consulting staff then prepared a final ac-tion plan.

incorporating publicart into municipal

infrastructure

bike rack art at district court, fayetteville, ar

scuba hydrant, solomons island, md

bus shelter, palm desert, ca


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This goal elegantly addresses Fayettevilles current circumstances. The Citylacks a permanent funding stream for purchasing public art, and the cur-rent economic climate prohibits the City from purchasing and installingsignificant pieces of art. The City also lacks the critical mass of votersthat exists in large metropolises who will support commissioning artworkthat costs tens of thousands of dollars. However, Fayetteville has a sig-nificant population of artists and supporters of the arts who believe in thevalue of incorporating the arts into the daily life of the community. TheCity also continues to fund, design and construct capital projects. This goalleverages the current circumstances by enabling Fayetteville to develop artis-

tic opportunities where funding already existsmunicipal infrastructure.

Municipal infrastructure serves as an enduring testament to the values ofa community. This goal ensures that the value Fayetteville places on thearts will have an opportunity for reflection in projects that range from bikeracks to roundabouts.

G o a l s1. Incorporate functional art into municipal

infrastructure.

2. Leverage the Cultural Arts District.

cultural artsdistrict

The Cultural Arts District was established by the City Council in August2007 (Resolution No. 160-07) and encompassed cultural anchors in the

Downtown such as the Walton Arts Center and the Blair Public Library aswell as multiple arts galleries and the revitalized Mill District. A cultural artsdistrict was defined at the time of its adoption as an area with a high con-centration of cultural activities that serve as the anchor of attraction. Typi-cally, the area is geographically defined and incorporates other land uses. Thedefining characteristic, however, is the concentration of cultural facilities andrelated activities. Generally, cultural arts districts support the fine arts (concerthalls, theaters, and galleries) as well as libraries, historical museums and edu-cational institutions. The district can include restaurants, nightclubs and otherforms of popular entertainment as well. They can also include the companion


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Assign Development Services staff to the Arts Council. While the Parks

and Recreation Department currently deals with the greatest volume ofpublic art, the emphasis on functional art as a part of municipal in-frastructure projects expands the potential placement of art and the roleof art review within the City. The Development Services Departmentincludes designers and planners of some of the Citys most significantinfrastructure projects and also has professionals who are experienced in areview process and staffing an appointed body.

Outline the duties and powers of the Arts Council in Article XXI,Chapter 33 of the Fayetteville City Code. The current resolution carries

less weight, and as a matter of consistency, appointed bodies should havesimilar policies governing their functions.

Clarify what public art shall go before the Arts Council. The resolutionpassed in 2007 only addressed donated art. This policy does not requireart purchased by the City to undergo any kind of review process. Citiesestablish Arts Council because members can bring artistic and technicalexpertise to the review process in discussions related to material durabilityand value. Arts Councils also provide government oversight for taxpayerinvestments, particularly in an area that is purely subjective and potential-ly controversial. The Arts Council should review all permanent installa

3. Clarify policies and procedures related toart review.

A review of the current policies and procedures, particularly given thepriorities stated by the Arts Council, led to the following recommendedchanges:

commercial businesses that provide necessary supplies or support for theseendeavors.

The Cultural Arts District has the potential to serve multiple purposes:a) Promote tourism; b) Create a whole greater than the sum of its partsby leveraging a cluster of cultural institutions; and c) Provide a focus for

community and municipal endeavors to strengthen and expand arts opportu-nities. The Arts Council views the Cultural Arts District as an opportunityto focus municipal efforts in order to take advantage of the concentration

A)

B)

C)

best practices:ann arbor,michigan

The City of Ann Arbor es-

tablished a permanent funding

stream for public art in 2008

by dedicating 1% of all capital

projects budgets to public art

projects. The Citys Public Art

Commission is using the funds

dedicated through 2009 to com-

mission three interrelated piecesthat involve storm water captured

from municipal building sites,

including a rain garden. These

pieces will be designed by distin-

guished artist, Herbert Dreiseitl

and will serve as an integral part

of municipal infrastructure, high-lighting a commitment to both

public arts and sustainable build-

ing practices. Visit http://www.

annarborpublicart.org/steps.html

for more information.


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4. Advocate for public recognition and patronage ofthe arts.

One of the duties assigned to the Arts Council is to promote and enhance

the arts in Fayetteville. The Arts Council will address this goal over thenext three years by inventorying and promoting the current public art col-lection and building relationships with state and regional arts organizations.

5. Identify alternatives and the associated costs andbenefits for a permanent public arts funding stream.

A permanent public arts funding stream will ensure the expansion of thepublic art collection and continued maintenance of that inventory. Citiesacross the country currently use a variety of methods to fund the arts in-cluding a percentage of all capital projects, a percentage of all developmentprojects and park funds.

lations with a value of $5,000 or greater that will be located on City-owned property or right-of-way as well as all donated art.


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Action Steps 2010 Goals Status

Create a process for incorporating the Arts Council into discussions about municipal infrastructureprojects during the design and planning phase.

1, 4

Develop a set of parameters to use for municipal functional art for discussion purposes. E.g.

Cost constraints, time constraints

1

Identify upcoming City infrastructure projects, targeting potential projects within the CulturalArts District.

1, 2

Adopt the Arts Council policies and procedures as an ordinance. 3

Adopt an internal policy that outlines the process and parameters for discussions related toincorporating art in municipal infrastructure projects.

1, 3

Adopt internal bylaws that outline the Arts Councils meeting schedule, officer election protocoland grounds for removal from the Arts Council.

3

Identify the existing collection of public art by adding to the list provided by Parks andRecreation.

4

Establish a formal relationship with the Arkansas Arts Council and Mid-America Arts Allianceby meeting with members in person or holding a phone conference to identify ways the groupscan support one another.

4

Ac t i o n P l a n


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Work with the Fayetteville Forward Creative Economy group to develop incentives forleveraging the Cultural Arts District, focusing on symbiotic relationships between institutions

in the district.

2, 4

Identify best practices used by other cities to promote the arts, starting with the informationprovided by the Arkansas Arts Council and Mid-America Arts Alliance.

4

Action Steps 2011

Reevaluate the municipal infrastructure process after one year. 1, 4

Implement Cultural Arts District incentives. 2, 4

Research and archive the story of each public art piece identified in the inventory. 4

Put the public art inventory information on the City website. 4

Make a request of staff to research the topic of permanent public arts funding streams includingalternatives and associated costs and benefits and legal constraints.

5

Action Steps 2012

Recommend a permanent public arts funding stream alternative to City Council. 5

Pursue ideas from the best practices list of arts advocacy. 4


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During the action plan discussions, the Arts Council identified projects or ideasthat would benefit the arts in Fayetteville but did not currently fall under the ArtsCouncils purview, had significant budget constraints or were being implemented byanother organization. The Arts Council, however, wanted to note that these itemshave the Arts Councils support if and when another group pursues them.

Artist directory available online (Chamber) Establish a Cultural Affairs Department within the City of Fayetteville Region-wide website for tourism that includes the arts Government channel/Cable Access Television programs that highlight art

events After school arts programs Fayetteville music festival modeled after Austins City Limits Create a public arts center Implement an Art Market modeled after the Farmers Market Fayetteville Arts Festival A public forum to discuss what is art and what are high aesthetic standards

Appendix A: Future Projects and Ideas

Ap p e n d i c e s

fayettevillearts festival


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Appendix B: Proposed Ordinance

ARTICLE XXIARTS COUNCIL

33.400 Established; Membership

The City Council hereby establishes an ArtsCouncil composed of citizens of Fayetteville.

(A) The committee shall consist of at least ninemembers who shall be appointed throughthe regular boards and committeesappointment procedure.

(1) Appointees shall be arts professionalsor citizens of diverse backgrounds withstrong links to the Fayetteville arts andcultural community. At least fourcommissioners must be working artistsas defined by broad interpretation asany arts practitioner working in the arts,be they creative or interpretative, whoeither makes or endeavors to make aliving from their work. A professionalartist can also be defined through peerrecognition.

(B) All appointed members shall serve withoutpay.

33.401 Purpose

The purpose of the Arts Council shall be topromote and to encourage the appreciation andenhancement of the arts and culture resources ofFayetteville. The continued vitality of the arts inthe City of Fayetteville is a vital part of the future

of the City as well as of its citizens. The arts arean important part of the cultural and economic lifeof the entire community of Fayetteville and enrichthe participants in the arts as well as those whoobserve them. Several organizations which existin Fayetteville are active in the arts and provideleadership to the community on arts relatedmatters. The creation of the Fayetteville ArtsCouncil will assist those organizations andindividuals. The Arts Council shall be advisoryonly and provide recommendations to City staffand the City Council.

33.402 Meetings; Quorum: Voting

The Arts Council shall hold regularly scheduled

meetings once a quarter. Ad hoc meetings maybe held to review donated or purchased publicart. A majority of the members presentconstitutes a quorum for meetings. Provided aquorum is present, any item must be approved bya simple majority of the voting members present

at a meeting to pass.

33.403 Rules and Regulations

The Arts Council shall establish such rules andregulations for its government and proceduresconsistent with the laws of the State and theordinances of the City of Fayetteville.

34.404 Powers and Duties

(A) The Arts Council shall be specificallyresponsible for, but not limited to, thefollowing:

(1) The Arts Council shall review all publicart located on public property that hasbeen donated to the City of Fayetteville;

(2) The Arts Council shall review allpermanent public art that is to belocated on City-owned property or right-of-way with a value greater than fivethousand dollars ($5,000);

(3) The Arts Council may review temporarypublic art or public art that has a valueof 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 CityCouncil, the Fayetteville Parks andRecreation Advisory Board, HistoricDistrict Commission and the PlanningCommission in using public art toenhance existing development.

(5) The Arts Council shall be involved withthe planning of capital improvementprojects undertaken by the City wherethe arts may be incorporated into thefinal design of the project. This mayinclude: new streets, trails, structuresand infrastructure improvements.


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Appendix C: BYLAWS

B Y L A W SCITY OF FAYETTEVILLE ARTS COUNCIL

Adopted ________, 20__

ARTICLE I. MEMBERS AND TERMS

A. The members and terms of service of the Fayetteville Arts Council (FAC) shall beas stipulated by ordinance. Any member who is absent for three (3) consecutiveregular meetings, except in case of illness or extraordinary circumstances, shalltender her/his resignation.

ARTICLE II. OFFICES

A. The FAC shall elect a chair and a vice-chair who shall hold office for one year,except that the first chair and vice-chair shall serve for one year. At the firstmeeting of each calendar year, the chair or vice-chair from the previous year shallpreside over elections for chair and vice-chair for the new year. Neither the chairnor vice-chair shall serve as an officer for more that two consecutive terms.

B. The chair is a voting member and shall preside at all meetings and publichearings of the FAC and shall decide all points of order or procedure. Alldocuments, recommendations or approvals requiring the signature of the FACshall be signed by the chair or vice-chair when authorized by the FAC.

C. The vice-chair shall assume the duties of the chair in the chairs absence.

D. In the event of the absence or disability of both the chair and vice-chair at anymeeting, the oldest appointive member in point of service shall act as chairduring such meeting.

E. The Development Services staff of the City of Fayetteville shall be responsible forthe minutes of every meeting, shall notify of regular meetings of the FAC at leasttwo (2) days in advance of the meetings, shall give all notice of special meetings,

and shall carry on routine correspondence and maintain the files of the FAC.

ARTICLE III. MEETINGS

A. All meetings of the FAC shall be public and no meeting can be held without fullcompliance of the Freedom of Information Act.

B. A regular meeting of the FAC shall be held once a Quarter.

C. Ad-hoc or special meetings may be called by the chair at any time and shall be

called at the request of any three (3) members of the Commission. At least four(4) days notice of special meetings shall be given each member, if possible, butunder extraordinary circumstances special meetings may be called by telephoneand without other notice.

D. A quorum shall consist of five (5) members. No formal business may beconducted without a quorum and no vote shall be cast by proxy. No action may betaken on any item on which, excluding those members who abstain, there arefewer than five members voting. Any member who abstains should inform theChair of his or her intention prior to commencement of discussion of the item. Atthat time, prior to commencement of discussion of the item, the abstainingmember(s) shall withdraw from the FAC meeting and shall not speak of therespective item until a vote has been cast by the remaining members of the FAC.Following a vote concerning the matter, the abstaining member(s) may return tohis seat.

1. It shall require five (5) positive votes to carry the following items:

a. Amendments of the FAC Bylaws.

2. A majority vote of those members present shall be needed for adoption ofany other motions.

An abstention shall not be construed as a vote either for or against theitem under consideration, and the abstaining member shall be treated as ifabsent for the purpose of determining the number comprising a majorityon the vote on that item. For example, if six members are present and a

vote is three ayes, two nays, and one abstention, the motion passes.

E. The order of business at all regular meetings shall be as follows:

1. Reading of minutes of previous meeting (except reading of minutes may bedispensed with by unanimous vote or copy of minutes as distributed to

Fayetteville Arts Council members may be approved without reading);2. Announcements3. Unfinished Business;4. New Business; and,5. Other Business.

F. Public hearings shall be conducted formally, and the chair shall make all rulingsand determinations regarding the admissibility of evidence; the scope of theinquiry; the order in which evidence, objections and arguments shall be heard;and other like matters, except that when in doubt, s/he may refer to staff, the cityattorney, or to any member with knowledge of the problem. Any member shall be


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Appendix C: BYLAWS

privileged to make inquiries personally and to call for a vote on any ruling of thechair with which s/he does not agree, whereupon the vote shall determine theeffective ruling. It shall be the purpose of the chair to expedite all hearings,

confining them to the presentation of only essential matters in the interest ofsaving time, but entertaining the presentation of sufficient matter to dosubstantial justice to all concerned. Presentation by an applicant on an item ofconsideration shall be confined to information pertinent to the application, andshall be limited to a period of time not to exceed fifteen minutes. A speaking timelimit of no more than five minutes per citizen or ten minutes per neighborhoodgroup shall be enforced by the chair, and all comments should be directed toinformation pertinent to the application, as determined by the chair. Extension ofsaid speaking time for any person or group shall only be permitted by the chairupon petition. Official action shall be taken only in regular or special session ofthe FAC.

G. A rehearing shall be called for only if there was a factual error, omission oroversight in the first consideration or at the request of the City Council. A

request for a rehearing must be made in writing and must state the factual error,omission or oversight asserted as the basis for a rehearing. A request for arehearing must be filed with the Development Services Administrator withinthirty (30) days from the date of final action on the matter by the FAC.

H. During FAC meetings, FAC members shall preserve order and decorum and shallneither by conversation or otherwise delay or interrupt the proceedings. Neithershall they refuse to obey the orders of the chair or the rules of the FAC.

Members of the FAC desiring to speak shall address the chair and, uponrecognition by the chair, shall confine themselves to the question under debate. Acouncil member, once recognized, shall not be interrupted while speaking unlessa point of order is raised by another member or unless the member chooses to

yield to questions from another member.

If a member is called to order while s/he is speaking, s/he shall cease speakingimmediately until the question of order is determined. If ruled not to be in order,s/he shall remain silent or shall alter his/her remarks to as to comply with therules of the FAC.

All members of the FAC shall accord the utmost courtesy to each other, tocity employees and to members of the public appearing before the FAC,and shall refrain at all times from rude or derogatory remarks, reflections

as to integrity, abusive comments and statements as to motives andpersonalities. Commissioners shall confine their questions as to theparticular matters before the FAC and in debate shall confine theirremarks to the issues before the FAC.

I. All meetings shall be conducted according to the most recent edition ofRoberts Rules of Order.

ARTICLE IV. RECORDS

The Planning Staff of the City of Fayetteville shall maintain a file of studies,plans, reports and recommendations made by the FAC in the discharge of itsduties and responsibilities.

ARTICLE V. AMENDMENTS

These Bylaws may be amended or repealed by an affirmative vote of not less thana majority of the full membership of the FAC. Any proposed amendment shallfirst be presented in writing at a regular meeting and placed on the agenda of asubsequent regular meeting for action unless ten (10) days written notice of theproposal has been given to all FAC members, in which case action may be takenat any regular or called meeting; or amendment may be made by unanimous vote

without notice.

Revised and adopted by the FAC of the City of Fayetteville, Arkansas, on the ___day of _______, 20__.

ATTEST:

___________________________________

Chair

ADOPTED: ___________________REVISED:


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Appendix D: Process for Public Art Review

CITY OF FAYETTEVILLE PURCHASED AND/ORDONATED PUBLICART, MONUMENT AND MEMORIALPOLICY

I. PurposeThe City of Fayetteville is committed to the aesthetic development of thecommunity. The City strives to promote citizen involvement and provideopportunities for the Community to participate in the public display of art onCity property, parks and rights of way, as the City determines appropriate, ona case by case basis. In order to accomplish these objectives and provideguidelines and procedures for governing the acquisition, display, andmaintenance, potential de-accessioning and lending of Public Art for publicdisplay, the City has developed this policy.

II. Purchasing and Donation CriteriaThe following items will be considered by City Staff, FayettevilleArts Council and Fayetteville City Council when reviewing each

purchasing or donation request.

1. Identification of Art Work: Individuals or groups may be recognizedfor their contribution to purchasing or acquiring donations of public art,monument or memorial projects on public property. All art design and text ofthe project must be approved by the Fayetteville Arts Council and FayettevilleCity Council. Memorial proposals honoring individuals or a personal eventshould be represented in a form that has a broad community interest andmarks an event that has affected the community. The memorial must havetimeless qualities that are considered to be significant of the individual,community or event being memorialized. Memorial proposals shouldrepresent the values of the community and be mindful of future generations.The artist must complete the attached form and submit it to the City of

Fayetteville Development Services Department at 113 W. Mountain Street.Description of the project, as well as a biography of the artist, is to beincluded. The memorial should be designed by a qualified professional in thefield appropriate to the size, scale and complexity of the proposal. TheFayetteville Arts Council and the Fayetteville City Council will reject displayworks ofart that are obscene (as defined by A.C.A.9 5-68- 302 etseq.) orviolate other local, state or federal laws.

2. Site:All proposed public art, monuments or memorials must relate to andsupport their proposed site and/or community. While appropriate memorialsmay enrich a citizen's experience on public property, public open space is alsoa very precious commodity. Public art, monuments and memorials should be

carefully reviewed to balance these two public benefits to protect the greater

good. Any party proposing to install public art, monuments or memorialsmust propose three (3) feasible sites for their project along with anexplanation of the significance and relationship to each site. A location mayreach a saturation point and it may be appropriate to consider limitations or a

moratorium of future artworks or memorials at this particular location orarea. Please consider the following when choosing a project site:

a. The location will not interfere with existing and proposed circulation, usepatterns or master plans.

b. The quality, scale and character of the project is at a level commensuratewith the particular location or setting.

c. The project contributes to the proposed site location from a functional ordesign standpoint.

3. All Inclusive Costs:All costs of the project including, but not limited to

cost of design, fabrication, plaques, transportation, installation, sitepreparation work, foundation, lighting, electrical, and permits must befinanced by the requesting party. All inclusive costs should be stated clearly onthe proposal form. Any party hired or employed by the requesting party mustprovide proof of insurance that may include and is not limited to: generalliability, professional liability insurance, performance insurance bonds,workman's compensation coverage and others as required by the City.

4. Maintenance: The City may consider maintenance of approved,purchased or donated art work, monuments and memorials if they meet Citystandards for construction and materials. However, complex or largememorials that require significant and costly maintenance may requireinsurance, a bond or an endowment fund, and a maintenance schedule by thedonor to ensure the project's condition is satisfactory to the City, as well as thedonor. The posted insurance or bond should cover costs of installation and/orremoval. If an adequate level of maintenance is not continued, the Cityreserves the right to remove or modify the project or a portion of the project.If the City commits to maintaining a particular art work, monument ormemorial, and is unable to maintain the project at a level satisfactory to thedonor, the donor shall have the opportunity to supplement maintenance asapproved by the City in a written agreement.

III.APPROVAL PROCESSIn order for art work, monuments, or memorials to be accepted bythe City of Fayetteville, each request must be reviewed in the

following process.


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1. Purchased and Donated Artwork and Monuments. The ArtsCouncil shall review and make a recommendation to the City Council for allpurchased public art and monuments that exceed a value of $5,000 and alldonated art.

2. Initial Feasibility Consultation:Applicants desiring to place artwork,

monument, or a memorial project on public property must submit a letter tothe City of Fayetteville's Parks and Recreation Development Services Staff thatoutlines in sufficient detail the main purpose and concept of their proposal.Staff will schedule a feasibility consultation with the applicant and advise ofthis procedure. Development Services Staff reserves the right to submitproposals that are substantial or significant in size or scope to the FayettevilleArts Council for their approval of the project's concept before embarking onfurther costly planning and study.

3.Written Proposal:After the consultation meeting with Parks andRecreation Development Services Staff, the applicant must complete theattached form. Applicant may be required to review the plans with thePlanning Office Division and/or Engineering Division in order to comply with

City regulations. (e.g. right-of-way, property set-back requirements, gradingpermit, etc.) A maintenance plan developed and approved by a conservatormust also be submitted prior to final approval.

4. Proposal Review, Approval, Modification or Rejection: TheFayetteville Arts Council will meet to review the proposal and schedule theapplicant for a presentation of the project in order to make a recommendationto the City Council regarding the quality, validity and significance of therequested artwork, monument or memorial to be placed on public lands. TheFayetteville Arts Council will consider appropriateness of the site location,size, shape and design, as well as general aesthetics in its review. TheFayetteville Arts Council will review the project to determine:

a. If the project is adequately documented.

b. The appropriateness and availability of the requested site for placement ofthe item.

c. Whether the City has sufficient resources to: authenticate, document,research, display, retrofit or add buildings, improvements, lighting orlandscaping, interpret, store, protect, conserve, insure and maintain theitem(s).

d. Public safety of the project.

e. The legal issues, including but not limited to, ability of the current legalowner of the items to deliver unrestricted clear legal title together with allapplicable copyrights, patents or other title rights in or to the item(s) withoutany limitations or conditions on the City's ownership and the time and costsrequired to acquire the item(s).

Parks and Recreation Staff reserve the right to submit the project for review tothe Parks and Recreation Advisory Board if the project is viewed as having asignificant impact on a City Park or a recreational program. Therecommendation for this project by the Parks and Recreation Advisory Boardwill be submitted to the Fayetteville Arts Council. The Fayetteville ArtsCouncil will recommend approval, approval with modification, or rejection ofthe project. Fayetteville Arts Council's recommendation to reject the proposalis final unless the City Council requests a review. If approved, the FayettevilleArts Council will request the applicant to complete the following steps prior tosubmittal to the City Council if deemed necessary.

a. Prepare any additional submission requests as required by City Staff or theFayetteville Arts Council.

b. Provide evidence of financing or fund raising activities.c. Submit proof of insurance requirements for review by City Staff.d. Notify and present the project to the appropriate neighboring communitygroups or business associations that may be affected by the location of theproject.e. Provide the Fayetteville Arts Council with comments and feedback fromthese organizations.f. Provide additional site plans, detailed design, schematic drawings andinformation as deemed necessary.g. Finalize engineering, structural or other similar review of the project withappropriate City Staff.

5. Legal Department Review and Documentation: If the FayettevilleArts Council should recommend accepting a contract to purchase or an offerof a donation; the Fayetteville Arts Council will forward the project to the CityAttorney for review and/or preparation of title transfer documents acceptableto the City.

6. City Council Approval:The Fayetteville Arts Council will prepare andsubmit a City Council Agenda Item. If approved, the City Council will executea formal resolution including any conditions to be placed on the purchased ordonated project and approve a contractual agreement with the artist and/orapplicant and the City. The decision of the City Council is final. No offer todonate an item to the City will be deemed accepted without adoption andrecording of a formal resolution by the City Council, duly executed and

expressly accepting title to the purchased or donated item(s). The City Council


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has no obligation to accept, display, or maintain any item(s) purchased ordonated to the City. The City Council has the right to determine, in it's soleand absolute discretion, what item(s) offered to it for public display will beaccepted, displayed or maintained by the City. Once an item(s) is accepted bythe City Council, the City shall be the sole owner of the purchased or donateditem(s) and will have the right, in its sole and absolute discretion, except aslimited by written title documents, to de-accession any purchased or donateditem(s) without notice to or obtaining the consent of the seller or donor.

De-accessioning: In order to maintain growing collections of Public Art itmay be necessary, from time to time, to de-accession donated item(s).

IV. RETENTION POLICY:Purchased and donated item(s) will be retained in the City's Public ArtCollection so long as they:

a. Continue to be relevant and useful to the purposes and activities of the City.b. An appropriate site for public display is available.c.Apublic safety problem is not created by the project.

d. No adverse environmental effects are created.e. Project remains authentic and original.f. The project withstands exposure to the natural elements.g. Project can be properly and cost-effectively stored, maintained, preserved,and/or used.

V. DE-ACCESSIONING POLICY:De-accessioning of purchased or donated item(s) may be considered when theconditions identified in the Retention Policy no longer prevail, or in theinterest of improving the quality of the Public Art Collection. Examples ofsituations where de-accessioning would be considered include:

a. The item(s) has deteriorated beyond a reasonable means of conservation orin deteriorating, has lost its usefulness.b. The authenticity, attribution, or genuineness of the item(s) is determined tobe false or fraudulent.c. The item(s) is redundant or is a duplicate that has no value as part of aseries.d. The item(s) is located in an area where jurisdiction will be transferred toanother entity or is made inaccessible to the public.

Consensus: Purchased or donated items which have been accepted into theCity's Public Art Collection will be de-accessioned only at the direction of theCity Council, which shall consider the recommendations and comments of theFayetteville Arts Council, City Staff and any public comment received.

De-accessioning Purchased and Donated Items: The City will complywith all applicable laws pertaining to de-accessioning of art items, includingcontacting the donor and artist (if known). If the Title Transfer Documentsprovide for de-accessioning, such documents will determine the method andmanner of the de-accessioning. Otherwise, the City will select from one of the

de-accessioning methods outlined below. Generally, preference will be givento public sale, unless the City's analysis determines that another methodwould yield advantages or better serve the interests of the public or the City.In appropriate instances, appraisals of the item(s) to be de-accessioned will besought from outside sources. De-accessioned item(s) may be disposed of bymeans of private sale; exchange for another work; gifting the item(s) to a tax-exempt public institution; donating the item for recycling or destruction. Ineach case, the applicable laws will be followed before an item(s) is de-accessioned. Destruction of the item(s) may be considered where the physicalcondition of the work is severely deteriorated or will be irreparably damagedby the de-accessioning process.

Records of PublicArt and Other Property: The City will be

responsible for maintaining a data base in the City Clerk's Office of all PublicArt Collection items acquired by the City under this policy. The databaseand/or files will include the following information:

a. Copies of all correspondence and submittals from the seller or donor(s);b. Copies of all correspondence and submittals to the seller or donor(s) fromthe City;c. Copies of all executed title documents;d. Copies of all other documentation associated with a particular item(s),including but not limited to: drawings, photos, written descriptions, estimatesof costs associated with acquiring, maintaining, providing security and legalexpenses, etc.; any agreements between the City and seller or donor(s)

regarding the item(s); all estimates of value and appraisals, any publiccomment on the item(s); environmental impact reports or studies, ifapplicable; all written descriptions of the background historical informationassociated with the item, including, information about the creation of theitem(s) and the artist (if applicable) who created it; any warrant of originality;and any other information acquired by the City pertaining to the item(s);e. Copies of the Title Transfer Documents and any other written agreements;f. Records of maintenance; andg. Records of any de-accessioning.


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Appendix E: Process for Municipal Art Project Discussion

City of Fayetteville

Policy & Procedures

Public Art Recommendations for MunicipalInfrastructure

EFFECTIVE DATE

PURPOSE: To integrate public art into municipal infrastructureprojects, particularly those that fall within the Cultural Arts District.

POLICY: City staff will seek input from the Arts Council during thedesign phase of all municipal infrastructure projects that fall withinthe Cultural Arts District such as trails, streets, manhole coverreplacement, fire hydrant painting and light pole painting. Othersignificant projects around the City may also be brought to the ArtsCouncil during the design phase for recommendations about how tointegrate public art into the project.

PROCEDURE

Step 1: City staff identifies a project that needs or could benefit frominput provided by the Arts Council prior to the design phase.

Step 2: The citys project manager in consultation with Arts Councilmembers provides the parameters of the project that are relevant to thepublic art discussion. e.g. cost constraints, space or design constraints,public safety considerations, etc.

Step 3: Arts Council members prepare a packet for the Arts Council toconsider at least one week prior to the meeting that should include: 1) Adescription of the project; 2) Parameters identified by the citys projectmanager; 3) Photos and/or maps as needed; and 4) Examples of similar

projects completed in other municipalities that incorporated an artisticcomponent.

Step 4: The Arts Council discusses the project at one meeting only. Themeeting should result in at least one recommendation for the project, butcould also produce a range of recommendations. For example, the ArtsCouncil may suggest a low-end recommendation that would cost aminimal amount of money or none at all and also provide arecommendation for a more expensive project should funds or a donorbecome available.

This recommendation will be conceptual only. For example, the Arts

Council might recommend landscaping a roundabout in way that suggestsa theme or highlights native plants. The final landscape design would becompleted by City staff. Similarly, if the Arts Council makes arecommendation to incorporate bike rack art in a project, the Arts Councilmight suggest a theme, but would not actually design the bike rack orchoose the artist.


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Appendix F: Art Projects in Fayetteville Parks

Existing Art Projects in Fayetteville Parks

Wilson ParkSeven Points Castle (Frank Williams)Sculptured Concrete Benches in castle area (3) (Eugene Sargent)Swimming Pool Whale on building facing the poolCastle Landscape Worm (Eugene Sargent)

Veterans Memorial Park at Lake FayettevilleInformational Kiosk Metal Trees (Designed by Park Planners)

Lake FayettevilleBotanical Gardens

Walker ParkSE Fayetteville History Mural on racquetball/handball courts (Joann Kaminsky)

Walker Family Memorial entry rock sign to baseball fieldsWax Hall monument on northeast corner of park

Square GardensWater fountainFulbright monument (Hank Kaminsky)Guitar bench on north side (Eugene Sargent)Terrezo bench on south side (Eugene Sargent)Informational Kiosk (Stuart Fulbright)Garden Decorative Fencing (Eugene Sargent)

Frisco Trail

Hoover Sculpture by Center Street (Steve Hoover)

Fayetteville Public LibraryBronze manhole cover (Hank Kaminsky)

nt created January 7, 2008August 27, 2009

1

City of FayettevillePARKS AND RECREATION DIVISION

113 W. Mountain StreetFayetteville, Arkansas 72701

ne: 479-444-3471 Fax: 479-521-7714- [email protected]