Ord 2491 Public Art MuralCOUNCIL BILL NO. 2900
ORDINANCE NO. 2491
AN ORDINANCE ESTABLISHING A PUBLIC ART MURAL PROGRAM; CREATING THE
WOODBURN PUBLIC ART MURAL COMMITTEE AND PROVIDING FOR A PROCESS
FOR THE CITY'S CONSIDERATION OF PUBLIC ART MURALS
WHEREAS, intent and purpose of this Ordinance is to encourage the
production of public art murals for acquisition by the City of Woodburn; and
WHEREAS, the City of Woodburn, acting as a "patron of the arts" may
display public art murals in spaces that it either already owns or acquires as a
form of government speech; and
WHEREAS, the passage of this Ordinance will not limit, in any way, speech
(whether murals or signs) which is currently allowable but will instead provide a
vehicle for the City to sponsor public art murals that will be owned by the City on
behalf of the public;
WHEREAS, public art murals serve the public interest by enhancing the
aesthetics of the City, providing avenues for original artistic expression, and
allowing access to original works of public art; and
WHEREAS, public art murals can increase community identity and foster a
sense of place if they are located at heights and scales visible to pedestrians,
are retained for longer periods of time and include a neighborhood
involvement process; and
WHEREAS, the City Council recognizes that visual arts contribute to and
provide experiences that enrich and better the social and physical environment
of the community, and desires to foster an advancement of the visual arts; and
WHEREAS, such recognition can be implemented through the creation
and implementation of a public art murals program; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Approval by Woodburn Public Art Mural Commiftee No person
shall commence creation of any public mural without first obtaining approval
from the Woodburn Public Art Mural Committee and agreeing to donate the
mural to the City of Woodburn as provided in this Ordinance. Murals that are
created or exist without approval from the Woodburn Public Art Mural
Committee or are inconsistent with the conditions of approval from the
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Ordinance No. 2491
Woodburn Public Art Mural Committee are not public art murals and are subject
to the regulations contained in the Woodburn Development Ordinance and
other applicable ordinances.
Section 2. Creation of Woodburn Public Art Mural Committee. The
Woodburn Public Art Mural Committee ( "the Committee ") is hereby created by
the Woodburn City Council and is delegated power and authority pursuant to
this Ordinance.
Section 3. Composition of Woodburn Public Art Mural Committee.
A. The Woodburn Public Art Mural Committee shall consist of five members
appointed by the Mayor to a full or unexpired term, and confirmed by the City
Council. Any vacancy in the Committee shall be filled by appointment by the
Mayor with the consent of the City Council for the unexpired portion of the term.
B. The Woodburn Public Art Mural Committee shall consist of two City Councilors,
two members who have experience, training or expertise in the visual arts, art
history, art criticism, or art education; and one at -large member.
C. All members of the Committee shall be legal residents of the City of
Woodburn. Except that the two members who have experience, training or
expertise in the visual arts, art history, art criticism, or art education may reside
outside the Woodburn city limits.
Section 4. Terms of Office
A. The terms of office of each Committee member shall be three years, or until
a successor is appointed and qualified. The terms of Committee members shall
be staggered so that the term of office of not more than two members will
expire in the same year. The terms of office shall expire at midnight on
December 31.
B. Members of the Committee shall receive no compensation for their services.
Section 5. Organization of the Committee
A. The Committee shall elect a Chair and a Vice Chair.
B. The Economic and Development Services Director shall serve as Secretary to
the Committee. The Secretary, supported by other city staff, shall provide
notice of public meetings and public hearings, and keep minutes of all
proceedings of the Committee in accordance with state law and city
ordinances.
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Ordinance No. 2491
C. Three members of the Committee shall constitute a quorum.
D. The regular meeting place of the Committee shall be at Woodburn City Hall.
E. Meetings of the Committee shall be convened by the Chair of the Committee
or by the Economic and Development Services Director.
Section 6. Functions and Duties of the Committee. The Woodburn Public
Art Mural Committee is delegated the authority pursuant to this Ordinance to
select, acquire, receive, document and register public art murals on behalf of
the City of Woodburn.
Section 7. Public Art Mural Selection Criteria.
A. The Woodburn Public Art Mural Committee shall consider and apply the
following selection criteria in selecting and acquiring public art murals:
1. Strength of artist's concept for, and originality of, proposed public art
mural,
2. Demonstrated craftsmanship of artist,
3. Appropriateness of scale of the public art mural to the wall on which
the proposed public art mural will be painted /attached,
4. Appropriateness of the scale of the public art mural to the surrounding
neighborhood,
5. Architectural, geographical, socio - cultural and /or historical relevance
of the public art mural to the site,
6. General support /advocacy for the public art mural from the building
owner /user, surrounding neighborhood, adjacent businesses, and arts
community,
7. Ability to complete the proposed public art mural,
8. The proposed public art mural will not be located on a single family
dwelling, duplex, or multi - family dwelling, as used in this subsection, single
family dwellings, duplexes, or multi family dwellings does not include
mixed -use buildings which contain a single family dwelling, duplex, or
multi - family dwellings.
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Ordinance No. 2491
9. The proposed public art mural will not contain electrical components,
three dimensional structural elements; employ electrical lights as
part of the image, moving structural elements, flashing or sequential
lighting, interior lighting elements, any automated method that causes
movement, or any method that causes periodic changes in the
appearance of the public mural or changes the mural image or message,
10. The proposed public art mural will be located in a manner that is
visible to the public.
Section 8. Public Art Mural Application. An application for the proposed
public art mural will be submitted on a form prepared by the Economic and
Development Services Director. The application will include the location,
materials, size /dimensions, written description of the mural, and an explanation
of how the mural meets the selection criteria specified in this Ordinance. In
addition, an Easement Agreement shall be submitted that includes: a legal
description of the property upon which the mural will be placed, a sketch of the
Public Art Mural as it will be placed on the property, proof of ownership of the
property (i.e. a copy of the deed), and proof of identity of the person who has
the authority to sign the easement.
Section 9. Public Art Mural Application Fee. The application fee for a
proposed public art mural is initially set by the City Council at $500. This fee may
be adjusted as by the City Council as appropriate as part of the Master Fee
Schedule.
Section 10. Easement Automatic Renewal. The approval and
acceptance of each public art mural shall be contingent upon the
conveyance of a public mural easement to the City from the owner of the
building upon which the public mural will be located. The easement shall be for
a period of seven years and shall automatically renew and continue for
successive seven year terms unless it is terminated by either party within thirty
days after the expiration of any seven year term.
Section 11. Termination of Easement by Buildina Owner. The easement
may be terminated by the Building Owner at any time with the City's written
consent upon the Building Owner's showing of any of the following: (i) that the
property is to be sold and the buyer requires removal of the easement as a
condition of the purchase and sale; or (ii) that the property is to be refinanced
and the lender requires removal of the easement as a condition of the
refinancing; or (iii) that the property is to be substantially remodeled or altered in
a way that precludes continued maintenance of the Public Art Mural; or (iv)
that circumstances have materially changed and the continued existence of
the easement or maintenance of the Public Art Mural substantially impedes the
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Ordinance No. 2491
Building Owner's reasonable use and enjoyment of the property. The City shall
not unreasonably withhold consent to termination upon the Building Owner's
satisfactory demonstration of any of the foregoing conditions of termination.
Section 12. Termination of Easement by City. The City may terminate the
easement at any time at its sole discretion upon thirty days written notice should
the Building Owner fail to substantially perform its obligations under the Public Art
Mural Easement Agreement.
Section 13. Notice of Public Hearina. The Committee shall hold a public
hearing on the proposed public art mural. Written notice of a public hearing
shall be published once in a newspaper of general circulation and shall be
posted on the building where the public mural will be placed. Public notice shall
be given no later than thirty days before the public hearing. The notice shall
explain the purpose of the hearing, and state that the public mural application
is available for inspection at the office of the Economic and Development
Services Director.
Section 14. Public Hearing. At the public hearing, any interested person
shall be afforded the opportunity to speak or to present written evidence to the
Committee.
Section 15. Final Decision. After the conclusion of the public hearing, the
Committee shall deliberate and make a final decision of the proposed public
art mural. The final decision by the Committee shall be in written form and shall
contain findings and conclusions explaining how the public art mural selection
criteria were applied to the application.
Section 16. Notice of Final Decision. The Committee shall provide notice
of its final decision to the applicant and all persons who presented testimony or
submitted written evidence at the public hearing.
Section 17. Judicial Review of Final Decision. The final decision of the
Committee is not a land use decision and is reviewable exclusively by Writ of
Review filed in the Marion County Circuit Court as provided in ORS 34.010 to ORS
34.102.
Approved as to form: C" �` , y
City Attorney
Kathryn Figlgy,
iOiz
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Ordinance No. 2491
Passed by the Council x/141 / ;t-
Submitted to the Mayor
Approved by the Mayor —
Filed in the Office of the Recorder
ATTEST: U4"L �L - %'
Heather Pierson, Assistant City Recorder
City of Woodburn, Oregon
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Ordinance No. 2491