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HomeMy WebLinkAbout2004-11-08 05-09 ORDINANCERem No. 05-09 Date: 11-06-03 item/Subject: Adopting Chapter 95, Cultural Development. Responside Department: Community R Economic Development This Ordinance will establish a Cultural Development Ordinance that will require the creation of a cukural survey and establish an Arts & Cultural Policy, Public Art & Monuments Polity, and a Cultural Gram Program. This ordinance will Provide a famework in which to implement and further develop the overall Cultural Man that has previously been discussed. Department Head Manager's C.0.00myrne�nts:—e _'_-�.�" [t4 p P0,. K.+, IraNitaa � Vl M� " /J tta�aau,a' .7"MA4014♦at 4WWj0:°rb iiO.-'aT. City Manager Assodated Information Legal Approval: Finance Director i GrIMLTM/ Passage X First Reading Page _of_ X Referral to Business and Economic Development 05-09 AS AMENDED CITY OF BANGOR (TITLE.) Ordinance, Adopting Chapter 95, Cultural Development. The Code of the City of Bangor is hereby amended by adding Merem anew chapter, W he Chapter -95, Cultural Development. W read za follows §95-1. Legislative findings and declarations. A. The social,educational, artistic and economic impact of arts, humanities and culture is dynamic; the City must respond appropriately to changes in Mou areas; B. Art and culture are relevant, meaningful, inspiring central to the integrity of one's being, and among contributors to the community's unique sense of place; C. All and culture are trot only for the affluent, and art in public places is for the benefit of everyone; art and call activities should he accessible to everyone; D. An and culture are engines of economic growift and as such should be nurtured to achieve economic benefits and to attract and main the creative workforce and residents testament for our community to thrive, E. The purpose ofmunicipal support of arts, cultural and humanities activities, organizations, and public an collections is to help to sustain the level of activity and accessibility that moats Me communit)•s needs; F. The public Doctor must lead in Motives W meet the community's on Moral needs if private participation is to follow; G. The City should actively seek to former with all seeteas of the community(i) to ensure public accessibility W arts and cultural organizations, and (ii) W advance the organizational and financial stability of such organizations; _ N. The City should meant forums Mat promote scone collaboration ofleados and organizations from arts, culture, business, education, government, foundation, entertainment, media and recreation secmm; 1. The City should maintain strong communications with Me University of Maine and collaborate on cultural projects whenever possible for Me muWal benefit of Me Bangor and University communities; J. The City should communicate its cultural plans and activities m surrounding communities and solicit financial and/or In-kind participation in support of public infrastructure that is used as a venue for aM1s/culturallbumanifies activities swing the region and/or contributing significantly to Me economy of the region; os -o9 AS AMENDED Ji - K. The City should meumgethe promotion ofan alloultunchmnanities cancer iv.iatiamVillanning and marketing initiatives in which Bangor is a partner; L. The City should encourage collaboration between providers of public transportation and cultural organizations; M, The City reoogoizes flat its infrastructure and visitor climate (including sign systems and pedestrian safety) should be conducive to finding and utilizing arts and cultural venues; and N. The City should endeavor to provide annual funding for the preservation, resturation and enhancement of its public art collection, in recognition of the fact that only by instituting a steady stream of funding and standing by such a commitment will the City be able to fulfill its role as steward of its public art collection. § 95-2. Definitions. As must in this chapter, the following tams shall have the meanings indicated: COMMISSION-Commision on Cultural Development. DISTRICT- An and Cultural District. the customary dictionary meaning. §953. "Aa and CulturalDsvict"eambdshed. The Municipal Development District false (mown as the Bangor Center Management District) as established by the City Council, and as may be amended from time to time, is hereby co-desigfiated as Bangor's Art and Cultural District §95-d. Administration This Chapter shall be administered by the Commission on Cultural Development, with staff support coordinated by the Business & Economic Development Offices, who shall consult with me following departments, as necessary: Community and Economic Development, Engineerin&Finance, Parks and Recreation, Planning, and Public Services. §95-5. Cultural survey. The Commission shall conduct a"Culrural Survey" assessing Bangor's cultural needs. Said survey shall be updated every five years. The initial survey and any update thereto shall be reported tothe Banger City Council. The Culture) Survey shall include, but shall not he limited to, an inventory of the City's cultural assets, a list of me City's cultural needs, and strategies for meaingthore needs and Preserving existing asset. Thetefm cultural asset" is intended to be broadly construed to include a wide variety of items, including, but not limited W, musical artists and venues, visual forms of expression such as painting, murals, and sculptures, literary resod es, dance and performance ar, Polk art and performance, etc. 05-09 AB AMENDED § 955. "Arts & Cultural Policy', A. The Commission shall draft a comprehensive "Arts&Cultural Policy", using a 5 -year vision Outcome and strategic objectives that support the vision statement and based on an assessment of Banger's cultural needs and assets. B. The policy shall, inter alio: 1. identify Mosel tures that are essential to a favorable economic environment for artists, including venues for marketing their produce and services, mud affordable housing n. identify an appropriate Interim for araoudturelhamanities amidst the entire spectrum of community needs, remaining mindful of our citizens'bmic unmet needs; and iii. semen the quad try and economic impact of existing cultural assets. C. The draft policy shall be reported to the Bangor City Council, who shall have Me sole authority to adopt, reject, or revise said policy. D. The Commission shall review any adopted Arts&Cuban] Polity every five years and may make recommendations on amendments to said policy to the Bangor City Council. The Bangor City Council shell have Me sole auMoritym adopt, inject, or revise any such amendments §95-0. Cultural area Provision and budne recommendation A. The Commission shall develop annual program and budget recommendations testing to cultural grants and public an for review and consideration by the City Council. The Bangor City Council shall have Me sole authority analogs, reject, or revise any budget recommendation. B. The Commission shall review grant applications from arts and cultural organizations and recommend courni of action to Me City Council for its mvies, and consideration. The Bangor Cry Council shall have Me sole authority m adopt, reject, or revise any such recommendation. The Commission will make its recommendation relative to funding and access to cultural activism and projects without attempting to influence programming or content or diminishing its capacity to challenge audiences. In making its recommendmon, the Commission shall consider the following: J. Only non-profit organizations may x considered; n. Applications shall be reviewed in accordance with a funding cycle calendar published by Me Finance Director of Me City of Bangor; iii. Any appropriation the is not used in a given fiscal year shall be added 0 a reserve account established to fund future meritorious request; iv Collaboration, promming, and convention among arts and cultural gaups in programming and operations (where pmsibde) are highly weighted factors m determining (a) whether to award Me grant, and (b) the size of Me grant; 05-09 AS AMENDED V. A demonstrable material economic impact factor (relative to the funding reprect)will be weighing Motor in determining (a) whether award Me grant, and (b) Me size of the grant; an Funding form other sources is required to match City funding in whole, or in pmt no Commissionslmllrecommendarequiredmatebingpementage. Saidfundingmayuke Mefmm of revenues, grants, sponsorships or donations; an. ]Tose programs or events Mat are planned to be recurring in nature and which are Projected become self-austaming within five years will receive greater consideration for public funding Man those which cannot be expected m become substantially selfuustaimn& viii. Every application Or municipal funding must include a set of quantifiable goals as well as a set of subjective goals; x The Commission shall make every attempt to understand and assess each artimiGcultuul item, concept, and proposal Me comes before it, and balance its current popularity with a vision for its enduring relevance and value; and X. Notwithstanding any of Me above untoria, appliormons for financial assistance will he considered Post and foremast on Me quality of the proposed project, understanding Oat quantifiable criteria me not the only barometers of success. C. Every recipient of Municipal funding shall submit a port -project report of accountability, arrogating ramal results to Me quantifiable and subjective goals identified M the funding application. No additional funding will be propose to any applicant Nat has not provided Me requisite post -project report related to earlier grants. D. Fie Commission shall work with and advise the community and its arm/cultural/humanities organizations an Me development of new funding promise via activities and programs and work with Me community to identify and encourage opportunities for Me incubation of promising arts and cultural enterprises. §95-8. 'Public An& Monuments Policy'. A. The Commission shall review the 'Public Arl&Monummus Policy" regarding guidelines for accepting doaccessioning, locating relocating commissioning preserving and maintaining public are including monumwita B. Proposed changes shall be reported m the Bangor City Council, which shall have the sole authority to adopt, reject, or revise said policy. C. M Me event any public art or monument is priposed,Me Commission shall review Me Proposal in accordance with Me Public Art & Monuments Poliry and make a recommendation on accepting, Me accessionfing, locating, relocating said proposed art or monument in Me Bangor City Council. The Bangor City Council shall have the sole authority to adope reject, or revise any such recommendation. D. The Commission shall review the Public Ann Monument$ Policy every five years and may make recommendations; on amendments to said policy to the Bangor City Council. The Bangor City Council shall have the sole authority to adopt, jest, or pashas any such amendments. 05-09 §956. "Arts& Cultural Polito. _ A. The Commission shall draft a comprehensive "Arts&Cultural Policy", using a 5 -year vision stamment and strategic objectives thin support the vision statement and based on so assessment of Beagles colonel needs and risers. B. The policy shall, inter she: I. identify those features Mat are essential to a favorable economic environment for anises, including venues for marketing Meir products and services, and affobable housing; o. identify an appropria¢balance for arts/cultureJhomenities amidst Me entire spectrum of community needs, remaining mindful of our citizens' basic coat needs; and m. assess Me quality and economic impact of existing cultural assets. C. The draft policy shall be reported to the Bangor City Council, who shall have the sole authority to adopt, reject, or mise said policy. D. The Commission shall review any adopted Arts& Cultural Policy every five yawn and may make recommendations on amendments to said policy W the Bangor City Council. The Bangor City Council Mall have the sole authority to adopt, mjecq or revise any such amendments. § 95-0. Cultural want Program and budget recommendation. A. The Commission shall develop annual program and budget recommendations relating to cultural grants and public an for review and consideration by the City Coumil. The Bangor CityCouncil shall have the sole authority m adopt, reject, or revise a" budget recommendation. B. The Commission shall review grant applications from ars and cultural organizations and recommend e ofacrion to the City Council for its review and consideration The Bangor City Council shall have Me sole authority to ai reject, or revise any such recommendation. The Commission will make its recommendation relative W funding and access W cultural activities and projects without snempting W influence programming or content or diminishing its capacity to challenge meanness. In making its recommendation, the Commission shall consider Me following: J. Only non-profit organizations may be considered; P. Applications shall be reviewed in committee with a funding cycle calendar published by the Finance Director of the City of Burger; m. Any appropriation Mat is not used in a given fiscal year shall be added to a reserve account established he fund future meritorious requests; is. Collaboratlon, partnering, and cooperation among ar6 and cultural groups M programming and operations (where possible) are highly weighted factors in determining (a) whether W award the grant, and (b) Me size of &a grana 05-09 V. A demonstrable material wonomic impact factor (relative to the Ponding raquest)will he weighting factor in determining (a) whetherN award the grant, and (b) the size of rhe gaup vi. Funding from often sources is required to match City funding in whole, or in pan. The Commission shall recommend a required matching percentage. Said funding may mine the form ofrevenues, gang sponsomhips or donations; vu. Thou programs orevents thatam plemsed m be recurring in nature and which ere projected to become ulfaustaining within five years will receive grazer consideration for public funding than those which cannot he expectM N become substantial ly self-sustaining viii. Every application for municipal funding must include a sen of quantifable goals as well asaset of subjective goals; is. The Commission shall make everyanemptto understand and assess each anistiGcplNral item, noepq and proposal the comes before it, and balance its current popularity with a vision for its enduring relevance and value; and X. Notwithstanding any of the above criteria, applications for financial assistance will be considered firm and foremost on the quality of the proposed project, understanding that quantifiable criteria are not the only barometers of success. C. Every, recipient of municipal funding shall submit a post-projed report of accountability, computing actual results N the quantifiable and subjective goals identified in the funding application. No additional funding will be granted to any applicant that has net provided the requisite post -project report related to earlier Banta. D. The Commission shall work with and advise the community and its artslcultural/humanities organizations on the development of new funding sources via activities and programs and work with the communitybe identify and encourage opportunities be the incubation of promising ams and cultural enterprises. §95-g. 'Tubl'c Aft & Monuments Pol'cv' A. The Commission shall renew the'Pablic Aft &Monuments Policy" regarding guidelines for accepting, de-aceemioning, locating, relocating, commissioning, preserving and maintaining public art including monuments. a. Proposed changes shall las estimated to the Bangor City Council, which shall have the sole authority to adopt reject or revise said policy. C, In the event any public an or monument is proposed, the Commission shall review the proposal in accordance with the Public An & Monuments Policy and make a recommendation on accepting, da accessiom"g, locating, relocating said proposed at or monument to the Bangor City Council. no Bangor City Council shall have the sole authority to adopt, r jest or revise any such recommendation. D. The Commission shall review the Public Art & Monuments Policy every five years and may make mmendadmns on amendments N said policy to the Bangor City Council. The Bangor City Council shall have the sole authority to adopt reject, or revise any such amendments. 05-09 K The City should encourage the promotion of an arUculturelhumanities aspect in regional planning and marketing initiatives in which Bangor is a pmtner, L. The City should encourage collaboration between providers of public transportation and cultural organisations; M. The City recognizes that its infrastructure and visitor climate (including sign systems and pedestrian safety) should be conducive to finding and mining arts and cultural venues; and N. The City should endeavor m provide annual funding far the preservation, restoration and enhancement of its public art collection, in recognition of the act that only by instituting a steady stream of funding and standing by such a commitment will the Cay be able fulfill its role as sawaN of its public our induction. § 95-1. Dem. As used in this chapter, the following terms shall have the meanings indicated: COMMISSION - Cultural Advisory Commission. DISTRICT- Art and Cultural District. Terms not defined herein shall have the customary dictiowry meaning. §95-3. "Art and Cultural District"esablahed. The Municipal Development District (also known as the Bangor Center Management District) as established by the City Council, and as may be amended from time to time, is hereby orrasignamd as Bangor's Art and Cultural District. §954. Administration This Chapter shall he administered by the Cultural Advisory Commission, withs suppom coordinated by the Business & Economic Development Officer, who shall consult with the following departments, as necessary: Community and Economic Development, Engineering Finance, Parks and Recreation, Planning, and Public. Services. § 95-5. Cultural sure ] Commission shall condual"Cultural Survey" assessing Bangor's cultural mads. Saidsurveyshallbe updates everyflveyearm. The initial survey and any update thereto shall be reported to the Bangor City Council The Cultural Survey shall include, but shall not be limited a, an inventory ofthe City's cultural assets, a list of fine City's cultural reads, and strategies for meetingthose needs and preserving existing asses. Themrm "cultural asset" is intended to be broadly construed to include a wide vmiery of items, including, but not limited W, musical artists and venues, visual forms of expression such ss painting murals, and sculptures, literary hexa es, dance and performance an, folk art and performance, M. 4 assigned to councilor 1te®hle aoveoher S. 2004 CITY OF BANGOR (TITLE.) Ordinance, Adopting Chapter 95, Cultural Development. &Uond ifeObythe CYryofSwW, as Mom The Cade ofthe City of Bangor is hereby amended by adding thereto a new chapter, to be Chapter 95, Cultural Development, to read as follows: §95-1. Lee'slatvefnd'nusanddeclaratons. A. The social, educational,artistic and economic Impact of ams, humanities and culture is dynamic; the City must respond appropriately to changes in those areas; B. An and culrue are relevant meaningftil, inspiring central to the integrity of one's loving and strong coronations to the community's unique sense of place; C. Art and culture are not only for de aftiuenq and an in public places is for the bmeflt of everyone; am and cultural activities should be accessible to everyone; D. Art and culture are engines of ecommic growth, and as such should be nurtured to achieve economic benefits and to inert and retain the creative workforce and residents n msssay for oar community W thrive; E. The purpose of municipal support darts, cultural and humanities activities, orgaimbefions, and public art collections is to help to sustain the level of activity and accessibility that meads the communitys needs; F. The public sector must lied initiatives to meet the community's cultural needs if private participation is tofollow; G. The City should =lively seek to padner with all sectors of the community (ft to ensure public accessibility to ams and cultural organizations, and (ib to advance the organizational and financial mability of such organizations; H. The City should create forums that promote active collaboration of leaders and orgatiections from ams, neither, business, education, government, foundation, entertainment, media and recreation sectors; 1. The City should maintain among communications with Be University of Maine and collaborate on cultural projects whenever possible for the mutual bene([ of the Bangor and University communities; J. The City should mmmunicete its cultural plans and activities W surrounding communities and solicit financial and/or in-kind participation in support of public infretrulure that is used as a venue for am/cultural@amenities activities serving the region anchor contributing significantly to the economy of Me region; IffCITY C No 8, 200 Novevbet e, 2004 Pere[ eeadiog Referred to eaaene a eaamoia Hrvelapspeent CCee CITY sLEM IN CITY CONCH Novewbet 22, 2006 gotten Node and seconded for Passage Vote: a yea . 1 absent Councilor vaLing yea: Allen, E'Errim. Partington, Cratvick Creme, Haves. stone, Treable Co 1 absent: CmIsmil Pas d 16 iiWv�'4 0k0INAN CE MTLEJ95 Clt.rll Development t Assigned W Councilor