§ 78-130. Inclusion of art or elements in the project.

(a)

Historical or cultural elements . The developer may choose to retain or incorporate historically important or culturally significant elements in the project in lieu of or in addition to artwork. Historical or cultural elements may include distinctive exterior features, finishes, and construction techniques or examples of craftsmanship that characterize a historic period or culture. The total value of all historical or cultural elements and/or artwork must equal one percent of the total construction costs.

(b)

Location. Artwork and/or historical or cultural elements must be located to be readily visible to the public based on normal traffic of vehicles and pedestrians in the area.

(c)

Process. If the developer chooses to provide artwork or historical or cultural elements, the developer shall follow the following process:

(1)

Escrow and accounting of funds for artwork . The developer shall submit documentation to the city showing that a deposit for public art was made with the developer's attorney into an escrow account not more than 90 after the issuance of the first building permit, in an amount equal to one percent of the total construction costs. If the amount to be escrowed exceeds $500,000.00, than in lieu of a deposit of the full amount of the art assessment, a payment bond in an amount not less than the full required deposit amount, which references this city code section, from a surety acceptable to the city, may be provided. Such bond shall provide for payment of the bond amount to the city in the event that public art, or historical or cultural elements, which complies with the requirements of this article is not installed within 36 months of issuance of the building permit, unless such time is extended in writing by the building official.

(2)

Art consultant. If the developer chooses to provide artwork, the developer may utilize up to 12 percent of the escrowed art deposit to retain an art consultant to assist in the selection and procurement of the required work of art. The art consultant shall have no financial or other relationship with the artist or developer, nor any ownership in the artwork purchased by the developer. The artist shall not be entitled to the art consultant fee.

(3)

Artist selection. Selection of the artist will be the responsibility of the developer. The selected artist shall be an artist as defined in this article. The commission of the artist shall be by written contract between the developer and artist.

(4)

Application for approval of proposed art or elements. An application for approval of the work of art or historic or cultural elements shall be made to the arts in public places committee within 90 days of the issuance of the first building permit. The application shall include:

i)

Artist's qualifications, including resume and portfolio establishing the artist's credentials;

ii)

Detailed description and depiction of the work of art and its location on the site;

iii)

Drawings and renderings of the proposed work of art, in terms of size, scale, color, shape, and materials in sufficient detail to provide a clear understanding of the art or elements proposed;

iv)

Appraisal of the value of the art or element;

v)

Documentation showing that a deposit for public art was made into an escrow account;

vi)

Maintenance program required for the artwork or elements;

vii)

Compliance with public accessibility (ADA) requirements.

(5)

Committee review of contribution of art and elements. The art in public places advisory committee shall review the proposed artwork or historical or cultural elements based on the standards established in this article and shall recommend to the city commission whether to approve, deny, or approve with conditions the selection and location of the artwork or elements with sensitivity to the aesthetic and cultural traditions and the history of the city and to the character of the surrounding neighborhood.

(6)

Appraisal. To establish the value of the artwork to be installed or historical or cultural elements to be installed or retained by developer to comply with this article, the city may employ an independent art appraiser to provide a written appraisal of the art work(s) submitted or cultural or historic elements. Such appraisal will be paid for by the developer from the escrowed art deposit.

(7)

Construction cost overruns. If the final cost of the total construction for the project is higher than the initial project cost estimate used to calculate the art assessment or escrowed art deposit, the developer shall either: i) provide additional art for the project valued at one percent of the increase in the total construction cost or ii) provide an additional deposit to the art in public places fund valued at one percent of the increase in the total construction cost. The additional art shall be installed or the deposit shall be made prior to issuance of the final certificate of occupancy.

(8)

Accounting of escrow . Prior to the issuance of the final certificate of occupancy for a project, the developer shall submit a revised construction cost affidavit, which shall be submitted whether developer elected to pay the art assessment or install artwork. The developer's attorney or escrow agent will provide the city a final written affidavit and accounting of the payment for art and any art consulting fees from the escrowed art deposit at the conclusion of the placement of artwork. This affidavit shall be in a form acceptable to the city. Any surplus balance in the escrow account after the developer has completed the installation of the required art work shall be disbursed to the city and deposited into the art in public places fund. In the event that public art, or historical or cultural elements, which complies with the requirements of this article is not installed within 36 months of issuance of the building permit for the project, all escrow funds shall be disbursed to the city, unless such time is extended in writing by the art in public places coordinator.

(Ord. No. 4635-16, § 1, 5-9-2016; Ord. No. 4754-17, § 6, 2-12-2018)