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File #: 1087-2011    Version: 1
Type: Ordinance Status: Passed
File created: 6/28/2011 In control: Rules & Reference Committee
On agenda: 9/19/2011 Final action: 9/22/2011
Title: To amend sections 3115.01, 3115.03 and 3115.05 of the Columbus City Codes, 1959, relating to approval authority of the Columbus Art Commission.
Sponsors: Zach M. Klein, Eileen Paley, Priscilla Tyson
Explanation
 
BACKGROUND: This ordinance is being submitted to revise and amend three sections of Columbus City Code Chapter 3115 Columbus Art Commission. Chapter 3115 was largely written in 1960, with two previous code amendments initiated by the Columbus Art Commission (CAC). The CAC was seated in 2007 and it is reasonable to expect updates to Chapter 3115 as the Commission gains experience in its use.
 
The amendments sought in this legislation seek to clarify the definition of Art and provide some examples, as well as adding a definition for "Conservation" of artworks. The legislation also seeks to add the phrase, "as city funding allows" to the Commission's duty to examine memorials and artwork every two years and direct the Commission to submit such reports to the Mayor, rather than to specific department directors. The Duties section has also been expanded to include public art advocacy and a Commission role in the review and recommendation of art conservation measures. Lastly, the legislation looks to remove references to the Columbus Master Plan from the Determinations section; the document does not exist, as well as remove restrictions that limit  the time frame within which the Commission must act upon applications.
 
The proposed code changes were considered and approved by the Columbus Art Commission on May 11, 2011.
 
CITY DEPARTMENTS RECOMMENDATION: Approval
 
FISCAL IMPACT: No funding is required for this legislation.
 
 
Title
 
To amend sections 3115.01, 3115.03 and 3115.05 of the Columbus City Codes, 1959, relating to approval authority of the Columbus Art Commission.
 
 
Body
 
WHEREAS, the Columbus Art Commission (CAC) was seated in 2007 through Mayoral appointment and Council authorization; and
 
WHEREAS, the Columbus Code Chapter 3115 that enables the Columbus Art Commission and sets forth the definition s, terms, duties, approval requirements and determinations under which the Commission operates was largely established in 1960; and
 
WHEREAS, it is reasonable for the CAC to periodically submit revisions and updates to the code as they gain experience in its use and applicability; and
 
WHEREAS, the CAC in the operation of its duties has found it necessary to amend the definitions section to clarify the definition of "Art" and add a definition for "Conservation;" and
 
WHEREAS, the CAC in its operations has found it necessary expand Commission Duties to include public art advocacy and the role of  reviewing and recommending on the conservation of artworks subject to their approval; and
 
WHEREAS, the CAC in the operation of its duties has found it necessary to add the clause, "as city funding allows," to Commission Duty 3115.03(D), to reflect the Commissions dependence on city funding to conduct examinations of the City's artworks and memorials every two years, or otherwise, and to direct the Commission to file such reports when completed with the Mayor; and
 
WHEREAS, the Columbus Master Plan does not exist and references to this document for the purposes of Commission determination will be deleted; and
 
WHEREAS, in accordance with other city Commissions, stipulation on the timeframe within which Commission decisions shall be rendered have been removed; and
 
WHEREAS, the Columbus Art Commission voted unanimously to support these code revisions at their May 11, 2011 meeting; now, therefore,
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
Section 1.      That Section 3115.01 of the Columbus City Code, 1959, be and is amended to read as follows:
 
3115.01      Definitions
"Art" shall include all forms of original works of art, regardless of permanence, created in any medium, material or combination thereof. Art includes, but is not limited to, sculptures, fountains, monuments, paintings, murals, arches, photographs, drawings, textiles, memorials and earthworks. Art may take the form of individual works, or site-specific installations integrated into the design and physical development of a building, facility, or structure, park, plaza, or other public spaces. Art may be integrated with the work of other design professionals and should encompass the broadest range of expression. (Ord. 2079-07)
 
"Commission" means the Columbus Art Commission. (Ord. 2079-07)
 
"Conservation" means repairs and/or restoration necessary to return artwork to its original condition and integrity. Conservation can be required due to flaws, neglect, aging, damage, or vandalism. A professional conservator usually carries out treatments, often in collaboration with artists, and other experts.  
 
Section 2.      That Section 3115.03 of the Columbus City Code, 1959, be and is amended to read as follows:
 
3115.03 Commission Duties
 
The commission shall:
 
(A) Review, examine and consider all works of art to be acquired by the city whether by purchase, gift, or otherwise, and the location thereof prior to the acquisition thereof;
 
(B) Require to be submitted to it, whenever it deems it necessary, a complete model or design of any work of art to be acquired by the city;
 
(C) Review, examine, and consider the removal, relocation or alteration of any existing work of art in the possession of the city;
 
(D) Examine, at least once every two (2) years, as city funding allows,  all city monuments and works of art and make a report to the Mayor, with recommendation for the future care and maintenance thereof;
 
(E) Establish rules and regulations for the procedures to be used in matters submitted to it for determination. (Ord. 387-86; Ord. 1102-05 ยง 1 (part).
 
(F) Advocate for public art and the inclusion of public art and artists in the design and development of public spaces and facilities.
 
(G) Review, consider and recommend on the conservation of art subject to Commission approval as provided in section 3115.04.
 
Section 3.      That Section 3115.05 of the Columbus City Code, 1959, be and is amended to read as follows:
      
3115.05 Determinations by Commission
In making the approvals and performing the duties set forth in C.C. 3115.01 to 3115.04, inclusive, it shall be guided by the preserving of the proper decor of the city, the maintenance of the proper aesthetic values, the providing for the orderly growth of the city and its artistic treasures, the providing and maintenance of an orderly balance in the location and design of works of art, the preservation of property and the uses and condition thereof, and the prevention of blight or deterioration in and around public buildings and works of art. (Ord. 1136-60)
 
Section 4.      That prior existing section 3115.01 of the Columbus City Codes, 1959 is hereby repealed.
 
Section 5.      That prior existing section 3115.03 of the Columbus City Codes, 1959 is hereby repealed.
 
Section 6.      That prior existing section 3115.05 of the Columbus City Codes, 1959 is hereby repealed.
 
Section 7.      That this ordinance shall take effect and be in force from and after the earliest period provided by law.