Adopted December 2, 2009 by

the Fayetteville Arts Council.

ARTS Council Action Plan

2009-2012
Mayor:
Lioneld Jordan
“Green it up,
Arts Council: Art it up.”
Betsy Gross Elizabeth Margulis
Dede Peters Robert Ginsburg
Jay Baker Martin Miller
Julie Gabel Hank Kaminsky
Jessica Minton
 fayetteville’s
public art

Summary 2

Issue 3

Process 4
world peace prayer fountain,
fayetteville town center
Goals 6

Action Plan 9

Appendices 10
Appendix A: Future Projects and Ideas 10
Appendix B: Proposed Ordinance 11 trail of tears marker,
Appendix C: Bylaws 12 martin luther king boulevard
Appendix D: Process for Public Art Review 14
Appendix E: Process for Municipal Art Discussion 17
Appendix F: List of Art Projects in Fayetteville Parks 18

Prepared by the City of Fayetteville

Strategic Planning and Internal Consulting Department
113 W. Mountain St. Fayetteville, AR 72701 public art bench, wilson park
479-575-8267

1
John Updike once said that “What art offers is space—a certain breathing room
for the spirit.” The Fayetteville Arts Council has developed an action plan that
creates space for art. Members met with Strategic Planning and Internal Consulting
staff during their regularly scheduled meetings in August, September, and October
of 2009 to craft goals and action steps for the Arts Council to pursue over the
next three years. The five goals are: Vision Statement:
Fayetteville is a thriving
• Incorporate functional art into municipal infrastructure; community where imagination
• Leverage the Cultural Arts District; and sustainable creative arts are
• Clarify policies and procedures related to art review; vitally integrated into
• Advocate for public recognition and patronage of the arts; and everyday life.
• Identify alternatives and the associated costs and benefits for a permanent
public arts funding stream. Mission Statement:
The Fayetteville Arts Council
These goals capture the community’s overall commitment to the arts as well the creates an environment where
challenges the current economic climate poses to procuring art and funding arts the arts flourish and enrich the
events. The Arts Council will serve as an advocate for public recognition of the quality of life in Fayetteville and
City’s current art inventory and work with other organizations dedicated to the arts the surrounding area, working to
and artists to leverage cultural opportunities for the City. The goals also integrate strengthen our broad array of arts
a discussion of art into the design phase of all municipal infrastructure, with a resources and offerings, identify-
particular emphasis on the Cultural Arts District. This process will invite creativity ing and utilizing the local and
in concepts and cost-savings, as well as encourage the City to include an aesthetic regional assets and investment,
component to infrastructure that leaves an enduring mark on the City’s built form. while enhancing the
cultural, economic and social
framework of Fayetteville.

2
The Fayetteville City Council formed the Arts Council in April 2007 through
Res. No. 60-07. The resolution stated that the Arts Council would “help define
the community’s identity and sense of place, promote social interaction, bring the
arts into everyday life, and memorialize the past while expressing shared values for
the future.”
The concept of the Arts Council was brought forward by City staff in response to
a donated memorial that was initially accepted, but staff couldn’t find an appropri-
ate public location for due to its size and text. This incident highlighted the lack
of a process for accepting donated art and it also became an opportunity for artists
and supporters of the arts to establish a body with broader goals and responsibilities
than simply reviewing donated art. These powers and duties included promoting the
arts “to enrich the lives of…citizens through education and demonstration,” advis-
ing “City Departments regarding artistic components of all municipal government
projects under consideration by the City,” and pursuing “gifts and grants…for the
procurement of public art.” (Resolution No. 60-07)
The Arts Council was assigned to the Parks and Recreation Department, with the
stipulation that staff wasn’t 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 donated
art works; “city fragments” by Steve Hoover, installed on Frisco Trail, and Hank
Kaminsky’s 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 March
2009 in order to provide services to departments, divisions and elected and appoint-
ed officials. Connie Edmonston, Parks and Recreation Director, Don Marr, Chief
of Staff, and Hank Kaminsky, Arts Council Chair all individually approached Stra- “city fragments”
tegic Planning staff about working with the Arts Council to review its role within by Steve Hoover
the City and to facilitate the development of a realistic action plan that integrates
a discussion of public art with City projects. Additionally, the Arts Council is
seen as an integral part of a larger arts discussion taking place in the community
3
that includes the work of Fayetteville Forward’s Creative Economy group and the
Chamber of Commerce’s Arts, Entertainment and Creative Economy group.

“Public Art expresses

Strategic Planning staff facilitated three meetings with the Arts Council.
These meetings were designed to brainstorm ideas for goals and action steps the symbols of the
to implement the vision and mission of the Arts Council.
August 2009: The Arts Council reviewed its mission and vision statement, community. It tells us
which were created in 2008, through a process facilitated by Bruce Johansen
from the Johansen Group, a management consulting company. and the world who we
The members then began brainstorming goals that could be achieved within a
three-year time period. The group prioritized five overarching goals. are. It shows us where
September 2009: The Arts Council reviewed the agreed upon goals and
decided to limit the goals to the following four:
we have been…”
•
•
To redefine role of the Arts Council’s in the City and clarify protocol;
To advocate for public recognition of the arts; __Hank Kaminsky,
• To leverage the Cultural Arts District for opportunities in the Down
town; and Arts Council Chair
• 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- brainstorming
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 individual
thoughts 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 under
redefining the role of the Arts Council and clarifying protocol. One task was
to redefine the process for approval of public arts. Multiple tasks articulated
the concept of incorporating public art into city infrastructure.
4
 “Include aesthetics into municipal infrastructure.” incorporating public
“Re-umbrella to Planning and involve ourselves with the design and art into municipal
implementation of stuff.” infrastructure
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 sustainable
practices, 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 public
arts funding stream, concluding that this goal was a research project that
would 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- bike rack art at district court, fayetteville, ar
sulting Director, prefaced the discussion with a reminder about the current
budget climate, which would invite close scrutiny of any action item that
required funding. She also mentioned the strengths of a City-appointed
body—public oversight and technical expertise—versus the weaknesses—lim-
ited ability to move an event or project approval quickly through a gov-
ernmental organization, particularly when the project has direct or indirect
costs. The members then worked diligently to combine similar ideas, elimi-
nate items that did not fall within the group’s purview, and strengthen con-
cepts that had merit and potential.
Items such as inventorying the City’s current public art collection and ex- scuba hydrant, solomon’s island, md
ploring a formal relationship with the Arkansas Arts Council became high
priorities under the goal of advocating for public recognition of the arts. A
discussion about leveraging arts opportunities within the Cultural Arts Dis-
trict focused on potential incentives for artists and consumers of arts such
as tax breaks. The conversation also linked the goal of incorporating public
art into municipal infrastructure projects. Members mentioned possibilities
such as the need for wayfinding signage in the Cultural Arts District and
art opportunities in the painting of fire hydrants and light poles.
Strategic Planning and Internal Consulting staff then prepared a final ac- bus shelter, palm desert, ca
tion plan.
5
Goals
1. Incorporate functional art into municipal cultural arts
infrastructure. district
This goal elegantly addresses Fayetteville’s current circumstances. The City
lacks a permanent funding stream for purchasing public art, and the cur-
rent economic climate prohibits the City from purchasing and installing
significant pieces of art. The City also lacks the critical mass of voters
that exists in large metropolises who will support commissioning artwork
that costs tens of thousands of dollars. However, Fayetteville has a sig-
nificant population of artists and supporters of the arts who believe in the
value of incorporating the arts into the daily life of the community. The
City also continues to fund, design and construct capital projects. This goal
leverages the current circumstances by enabling Fayetteville to develop artis-
tic opportunities where funding already exists—municipal infrastructure.

Municipal infrastructure serves as an enduring testament to the values of

a community. This goal ensures that the value Fayetteville places on the
arts will have an opportunity for reflection in projects that range from bike
racks to roundabouts.
2. Leverage the Cultural Arts District.
The Cultural Arts District was established by the City Council in August
2007 (Resolution No. 160-07) and encompassed cultural anchors in the
Downtown such as the Walton Arts Center and the Blair Public Library as
well as multiple arts galleries and the revitalized Mill District. A cultural arts
district 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. The
defining characteristic, however, is the concentration of cultural facilities and
related activities. Generally, cultural arts districts support the fine arts (concert
halls, theaters, and galleries) as well as libraries, historical museums and edu-
cational institutions. The district can include restaurants, nightclubs and other
forms of popular entertainment as well. They can also include the companion
6
commercial businesses that provide necessary supplies or support for these
endeavors.” best practices:
The Cultural Arts District has the potential to serve multiple purposes:
ann arbor,
a) Promote tourism; b) Create a whole greater than the sum of its parts
michigan
by leveraging a cluster of cultural institutions; and c) Provide a focus for The City of Ann Arbor es-
community and municipal endeavors to strengthen and expand arts opportu-
nities. The Arts Council views the Cultural Arts District as an opportunity tablished a permanent funding
to focus municipal efforts in order to take advantage of the concentration stream for public art in 2008
3. Clarify policies and procedures related to by dedicating 1% of all capital
art review. projects’ budgets to public art
A review of the current policies and procedures, particularly given the projects. The City’s Public Art
priorities stated by the Arts Council, led to the following recommended
changes: Commission is using the funds
A) Assign Development Services staff to the Arts Council. While the Parks dedicated through 2009 to com-
and Recreation Department currently deals with the greatest volume of mission three interrelated pieces
public art, the emphasis on functional art as a part of municipal in- that involve storm water captured
frastructure projects expands the potential placement of art and the role
of art review within the City. The Development Services Department from municipal building sites,
includes designers and planners of some of the City’s most significant including a rain garden. These
infrastructure projects and also has professionals who are experienced in a pieces will be designed by distin-
review process and staffing an appointed body.
guished artist, Herbert Dreiseitl
B) Outline the duties and powers of the Arts Council in Article XXI,
Chapter 33 of the Fayetteville City Code. The current resolution carries and will serve as an integral part
less weight, and as a matter of consistency, appointed bodies should have of municipal infrastructure, high-
similar policies governing their functions. lighting a commitment to both
C) Clarify what public art shall go before the Arts Council. The resolution public arts and sustainable build-
passed in 2007 only addressed donated art. This policy does not require ing practices. Visit http://www.
art purchased by the City to undergo any kind of review process. Cities
establish Arts Council because members can bring artistic and technical annarborpublicart.org/steps.html
expertise to the review process in discussions related to material durability for more information.
and value. Arts Councils also provide government oversight for taxpayer
investments, particularly in an area that is purely subjective and potential-
ly controversial. The Arts Council should review all permanent installa
7
 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.
4. Advocate for public recognition and patronage of
the 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 the
next 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 and

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

8
Action Plan

Action Steps 2010 Goals Status

Create a process for incorporating the Arts Council into discussions about municipal infrastructure 1, 4
projects during the design and planning phase.

Develop a set of parameters to use for municipal functional art for discussion purposes. E.g. 1
Cost constraints, time constraints

Identify upcoming City infrastructure projects, targeting potential projects within the Cultural 1, 2
Arts District.

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

Adopt an internal policy that outlines the process and parameters for discussions related to
1, 3
incorporating art in municipal infrastructure projects.

Adopt internal bylaws that outline the Arts Council’s meeting schedule, officer election protocol 3
and grounds for removal from the Arts Council.

Identify the existing collection of public art by adding to the list provided by Parks and 4
Recreation.

Establish a formal relationship with the Arkansas Arts Council and Mid-America Arts Alliance 4
by meeting with members in person or holding a phone conference to identify ways the groups
can support one another.
9
Work with the Fayetteville Forward Creative Economy group to develop incentives for 2, 4
leveraging the Cultural Arts District, focusing on symbiotic relationships between institutions
in the district.

Identify best practices used by other cities to promote the arts, starting with the information 4
provided by the Arkansas Arts Council and Mid-America Arts Alliance.

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 including 5
alternatives and associated costs and benefits and legal constraints.

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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Appendices
Appendix A: Future Projects and Ideas
During the action plan discussions, the Arts Council identified projects or ideas fayetteville
that would benefit the arts in Fayetteville but did not currently fall under the Arts arts festival
Council’s purview, had significant budget constraints or were being implemented by
another organization. The Arts Council, however, wanted to note that these items
have the Arts Council’s 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 Austin’s “City Limits”
• Create a public arts center
• Implement an Art Market modeled after the Farmer’s Market
• Fayetteville Arts Festival
• A public forum to discuss what is art and what are high aesthetic standards

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Appendix B: Proposed Ordinance

ARTICLE XXI meetings once a quarter. Ad hoc meetings may

ARTS COUNCIL
33.400 Established; Membership
The City Council hereby establishes an Arts
Council composed of citizens of Fayetteville.
(A) The committee shall consist of at least nine
members who shall be appointed through
the regular boards and committees
appointment procedure.
(1) Appointees shall be arts professionals
or citizens of diverse backgrounds with
strong links to the Fayetteville arts and
cultural community. At least four
commissioners must be working artists
as defined by broad interpretation as
any arts practitioner working in the arts,
be they creative or interpretative, who
either makes or endeavors to make a
living from their work. A professional
artist can also be defined through peer
recognition.
be held to review donated or purchased public
art. A majority of the members present
constitutes a quorum for meetings. Provided a
quorum is present, any item must be approved by
a simple majority of the voting members present
at a meeting to pass.
33.403 Rules and Regulations
The Arts Council shall establish such rules and
regulations for its government and procedures
consistent with the laws of the State and the
ordinances of the City of Fayetteville.
34.404 Powers and Duties
(A) The Arts Council shall be specifically
responsible for, but not limited to, the
following:
(1) The Arts Council shall review all public
art located on public property that has
been donated to the City of Fayetteville;

(B) All appointed members shall serve without (2) The Arts Council shall review all
pay. permanent public art that is to be
located on City-owned property or right-
33.401 Purpose of-way with a value greater than five
thousand dollars ($5,000);
The purpose of the Arts Council shall be to
(3) The Arts Council may review temporary
promote and to encourage the appreciation and
public art or public art that has a value
enhancement of the arts and culture resources of
of less than five thousand dollars
Fayetteville. The continued vitality of the arts in
($5,000) and is to be located on City-
the City of Fayetteville is a vital part of the future
owned property or right-of-way.
of the City as well as of its citizens. The arts are
an important part of the cultural and economic life
(4) The Arts Council may assist the City
of the entire community of Fayetteville and enrich
Council, the Fayetteville Parks and
the participants in the arts as well as those who
Recreation Advisory Board, Historic
observe them. Several organizations which exist
District Commission and the Planning
in Fayetteville are active in the arts and provide
Commission in using public art to
leadership to the community on arts related
enhance existing development.
matters. The creation of the Fayetteville Arts
Council will assist those organizations and
(5) The Arts Council shall be involved with
individuals. The Arts Council shall be advisory
the planning of capital improvement
only and provide recommendations to City staff
projects undertaken by the City where
and the City Council.
the arts may be incorporated into the
final design of the project. This may
33.402 Meetings; Quorum: Voting include: new streets, trails, structures
and infrastructure improvements.
The Arts Council shall hold regularly scheduled

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Appendix C: BYLAWS
BYLAWS
CITY 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 be
as stipulated by ordinance. Any member who is absent for three (3) consecutive
regular meetings, except in case of illness or extraordinary circumstances, shall
tender 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 first
meeting of each calendar year, the chair or vice-chair from the previous year shall
preside over elections for chair and vice-chair for the new year. Neither the chair
nor 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 public
hearings of the FAC and shall decide all points of order or procedure. All
documents, recommendations or approvals requiring the signature of the FAC
shall 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 chair’s absence.
D. In the event of the absence or disability of both the chair and vice-chair at any
meeting, the oldest appointive member in point of service shall act as chair
during such meeting.
E. The Development Services staff of the City of Fayetteville shall be responsible for
the minutes of every meeting, shall notify of regular meetings of the FAC at least
two (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 full
compliance 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
1 2
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, but
under extraordinary circumstances special meetings may be called by telephone
and without other notice.
D. A quorum shall consist of five (5) members. No formal business may be
conducted without a quorum and no vote shall be cast by proxy. No action may be
taken on any item on which, excluding those members who abstain, there are
fewer than five members voting. Any member who abstains should inform the
Chair of his or her intention prior to commencement of discussion of the item. At
that time, prior to commencement of discussion of the item, the abstaining
member(s) shall withdraw from the FAC meeting and shall not speak of the
respective 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 to
his 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 of
any other motions.
An abstention shall not be construed as a vote either for or against the
item under consideration, and the abstaining member shall be treated as if
absent for the purpose of determining the number comprising a majority
on 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 be
dispensed with by unanimous vote or copy of minutes as distributed to
Fayetteville Arts Council members may be approved without reading);
2. Announcements
3. Unfinished Business;
4. New Business; and,
5. Other Business.
F. Public hearings shall be conducted formally, and the chair shall make all rulings
and determinations regarding the admissibility of evidence; the scope of the
inquiry; 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 city
attorney, or to any member with knowledge of the problem. Any member shall be
13
Appendix C: BYLAWS

privileged to make inquiries personally and to call for a vote on any ruling of the
chair with which s/he does not agree, whereupon the vote shall determine the
effective 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 of
saving time, but entertaining the presentation of sufficient matter to do
substantial justice to all concerned. Presentation by an applicant on an item of
consideration shall be confined to information pertinent to the application, and
shall be limited to a period of time not to exceed fifteen minutes. A speaking time
limit of no more than five minutes per citizen or ten minutes per neighborhood
group shall be enforced by the chair, and all comments should be directed to
information pertinent to the application, as determined by the chair. Extension of
said speaking time for any person or group shall only be permitted by the chair
upon petition. Official action shall be taken only in regular or special session of
the FAC.
G. A rehearing shall be called for only if there was a factual error, omission or
oversight 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 a
rehearing must be filed with the Development Services Administrator within
thirty (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 shall
neither by conversation or otherwise delay or interrupt the proceedings. Neither
shall 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, upon
recognition by the chair, shall confine themselves to the question under debate. A
council member, once recognized, shall not be interrupted while speaking unless
a 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 speaking
immediately 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 the
rules of the FAC.
All members of the FAC shall accord the utmost courtesy to each other, to
city 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 and
personalities. Commissioners shall confine their questions as to the
particular matters before the FAC and in debate shall confine their
remarks to the issues before the FAC.
I. All meetings shall be conducted according to the most recent edition of
Robert’s 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 its
duties and responsibilities.
ARTICLE V. AMENDMENTS
These Bylaws may be amended or repealed by an affirmative vote of not less than
a majority of the full membership of the FAC. Any proposed amendment shall
first be presented in writing at a regular meeting and placed on the agenda of a
subsequent regular meeting for action unless ten (10) days written notice of the
proposal has been given to all FAC members, in which case action may be taken
at 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:

3
14
4
Appendix D: Process for Public Art Review
CITY OF FAYETTEVILLE PURCHASED AND/OR
DONATED PUBLIC ART, MONUMENT AND MEMORIAL
POLICY
I. Purpose
The City of Fayetteville is committed to the aesthetic development of the
community. The City strives to promote citizen involvement and provide
opportunities for the Community to participate in the public display of art on
City property, parks and rights of way, as the City determines appropriate, on
a case by case basis. In order to accomplish these objectives and provide
guidelines and procedures for governing the acquisition, display, and
maintenance, potential de-accessioning and lending of Public Art for public
display, the City has developed this policy.
II. Purchasing and Donation Criteria
The following items will be considered by City Staff, Fayetteville
Arts Council and Fayetteville City Council when reviewing each
purchasing or donation request.
1. Identification of Art Work: Individuals or groups may be recognized
for their contribution to purchasing or acquiring donations of public art,
monument or memorial projects on public property. All art design and text of
the project must be approved by the Fayetteville Arts Council and Fayetteville
City Council. Memorial proposals honoring individuals or a personal event
should be represented in a form that has a broad community interest and
marks an event that has affected the community. The memorial must have
timeless qualities that are considered to be significant of the individual,
community or event being memorialized. Memorial proposals should
represent 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 be
included. The memorial should be designed by a qualified professional in the
field appropriate to the size, scale and complexity of the proposal. The
Fayetteville Arts Council and the Fayetteville City Council will reject display
works of art that are obscene (as defined by A.C.A.9 5-68- 302 et seq.) or
violate other local, state or federal laws.
2. Site: All proposed public art, monuments or memorials must relate to and
support their proposed site and/or community. While appropriate memorials
may enrich a citizen's experience on public property, public open space is also
a 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 memorials
must propose three (3) feasible sites for their project along with an
explanation of the significance and relationship to each site. A location may
reach a saturation point and it may be appropriate to consider limitations or a
moratorium of future art works or memorials at this particular location or
area. Please consider the following when choosing a project site:
a. The location will not interfere with existing and proposed circulation, use
patterns or master plans.
b. The quality, scale and character of the project is at a level commensurate
with the particular location or setting.
c. The project contributes to the proposed site location from a functional or
design standpoint.
3. All Inclusive Costs: All costs of the project including, but not limited to
cost of design, fabrication, plaques, transportation, installation, site
preparation work, foundation, lighting, electrical, and permits must be
financed by the requesting party. All inclusive costs should be stated clearly on
the proposal form. Any party hired or employed by the requesting party must
provide proof of insurance that may include and is not limited to: general
liability, 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 City
standards for construction and materials. However, complex or large
memorials that require significant and costly maintenance may require
insurance, a bond or an endowment fund, and a maintenance schedule by the
donor to ensure the project's condition is satisfactory to the City, as well as the
donor. The posted insurance or bond should cover costs of installation and/or
removal. If an adequate level of maintenance is not continued, the City
reserves 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 or
memorial, and is unable to maintain the project at a level satisfactory to the
donor, the donor shall have the opportunity to supplement maintenance as
approved by the City in a written agreement.
III. APPROVAL PROCESS
In order for art work, monuments, or memorials to be accepted by
the City of Fayetteville, each request must be reviewed in the
following process.
15
A. Purchased and Donated Public Art and Monuments
Appendix D: Process for Public Art Review
1. Purchased and Donated Artwork and Monuments. The Arts
Council shall review and make a recommendation to the City Council for all
purchased public art and monuments that exceed a value of $5,000 and all
donated art.
2. Initial Feasibility Consultation: Applicants desiring to place art work,
monument, or a memorial project on public property must submit a letter to
the City of Fayetteville's Parks and Recreation Development Services Staff that
outlines in sufficient detail the main purpose and concept of their proposal.
Staff will schedule a feasibility consultation with the applicant and advise of
this procedure. Development Services Staff reserves the right to submit
proposals that are substantial or significant in size or scope to the Fayetteville
Arts Council for their approval of the project's concept before embarking on
further costly planning and study.
3. Written Proposal: After the consultation meeting with Parks and
Recreation Development Services Staff, the applicant must complete the
attached form. Applicant may be required to review the plans with the
Planning Office Division and/or Engineering Division in order to comply with
City regulations. (e.g. right-of-way, property set-back requirements, grading
permit, etc.) A maintenance plan developed and approved by a conservator
must also be submitted prior to final approval.
4. Proposal Review, Approval, Modification or Rejection: The
Fayetteville Arts Council will meet to review the proposal and schedule the
applicant for a presentation of the project in order to make a recommendation
to the City Council regarding the quality, validity and significance of the
requested art work, monument or memorial to be placed on public lands. The
Fayetteville Arts Council will consider appropriateness of the site location,
size, shape and design, as well as general aesthetics in its review. The
Fayetteville 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 of
the item.
c. Whether the City has sufficient resources to: authenticate, document,
research, display, retrofit or add buildings, improvements, lighting or
landscaping, interpret, store, protect, conserve, insure and maintain the
item(s).
d. Public safety of the project.
e. The legal issues, including but not limited to, ability of the current legal
owner of the items to deliver unrestricted clear legal title together with all
applicable copyrights, patents or other title rights in or to the item(s) without
any limitations or conditions on the City's ownership and the time and costs
required to acquire the item(s).
Parks and Recreation Staff reserve the right to submit the project for review to
the Parks and Recreation Advisory Board if the project is viewed as having a
significant impact on a City Park or a recreational program. The
recommendation for this project by the Parks and Recreation Advisory Board
will be submitted to the Fayetteville Arts Council. The Fayetteville Arts
Council will recommend approval, approval with modification, or rejection of
the project. Fayetteville Arts Council's recommendation to reject the proposal
is final unless the City Council requests a review. If approved, the Fayetteville
Arts Council will request the applicant to complete the following steps prior to
submittal to the City Council if deemed necessary.
a. Prepare any additional submission requests as required by City Staff or the
Fayetteville 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 community
groups or business associations that may be affected by the location of the
project.
e. Provide the Fayetteville Arts Council with comments and feedback from
these organizations.
f. Provide additional site plans, detailed design, schematic drawings and
information as deemed necessary.
g. Finalize engineering, structural or other similar review of the project with
appropriate City Staff.
5. Legal Department Review and Documentation: If the Fayetteville
Arts Council should recommend accepting a contract to purchase or an offer
of a donation; the Fayetteville Arts Council will forward the project to the City
Attorney for review and/or preparation of title transfer documents acceptable
to the City.
6. City Council Approval: The Fayetteville Arts Council will prepare and
submit a City Council Agenda Item. If approved, the City Council will execute
a formal resolution including any conditions to be placed on the purchased or
donated project and approve a contractual agreement with the artist and/or
applicant and the City. The decision of the City Council is final. No offer to
donate an item to the City will be deemed accepted without adoption and
recording of a formal resolution by the City Council, duly executed and
expressly accepting title to the purchased or donated item(s). The City Council
16
Appendix D: Process for Public Art Review
has no obligation to accept, display, or maintain any item(s) purchased or
donated to the City. The City Council has the right to determine, in it's sole
and absolute discretion, what item(s) offered to it for public display will be
accepted, displayed or maintained by the City. Once an item(s) is accepted by
the City Council, the City shall be the sole owner of the purchased or donated
item(s) and will have the right, in its sole and absolute discretion, except as
limited by written title documents, to de-accession any purchased or donated
item(s) without notice to or obtaining the consent of the seller or donor.
De-accessioning: In order to maintain growing collections of Public Art it
may 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 Art
Collection 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. A public 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 the
conditions identified in the Retention Policy no longer prevail, or in the
interest of improving the quality of the Public Art Collection. Examples of
situations where de-accessioning would be considered include:
a. The item(s) has deteriorated beyond a reasonable means of conservation or
in deteriorating, has lost its usefulness.
b. The authenticity, attribution, or genuineness of the item(s) is determined to
be false or fraudulent.
c. The item(s) is redundant or is a duplicate that has no value as part of a
series.
d. The item(s) is located in an area where jurisdiction will be transferred to
another entity or is made inaccessible to the public.
Consensus: Purchased or donated items which have been accepted into the
City's Public Art Collection will be de-accessioned only at the direction of the
City Council, which shall consider the recommendations and comments of the
Fayetteville Arts Council, City Staff and any public comment received.
De-accessioning Purchased and Donated Items: The City will comply
with all applicable laws pertaining to de-accessioning of art items, including
contacting the donor and artist (if known). If the Title Transfer Documents
provide for de-accessioning, such documents will determine the method and
manner of the de-accessioning. Otherwise, the City will select from one of the
de-accessioning methods outlined below. Generally, preference will be given
to public sale, unless the City's analysis determines that another method
would 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 be
sought from outside sources. De-accessioned item(s) may be disposed of by
means of private sale; exchange for another work; gifting the item(s) to a tax-
exempt public institution; donating the item for recycling or destruction. In
each case, the applicable laws will be followed before an item(s) is de-
accessioned. Destruction of the item(s) may be considered where the physical
condition of the work is severely deteriorated or will be irreparably damaged
by the de-accessioning process.
Records of Public Art and Other Property: The City will be
responsible for maintaining a data base in the City Clerk's Office of all Public
Art Collection items acquired by the City under this policy. The database
and/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) from
the 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, estimates
of costs associated with acquiring, maintaining, providing security and legal
expenses, etc.; any agreements between the City and seller or donor(s)
regarding the item(s); all estimates of value and appraisals, any public
comment on the item(s); environmental impact reports or studies, if
applicable; all written descriptions of the background historical information
associated with the item, including, information about the creation of the
item(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; and
g. Records of any de-accessioning.
17
Appendix E: Process for Municipal Art Project Discussion

City of Fayetteville
Policy & Procedures

Public Art Recommendations for Municipal Step 4: The Arts Council discusses the project at one meeting only. The
meeting should result in at least one recommendation for the project, but
Infrastructure could also produce a range of recommendations. For example, the Arts
Council may suggest a low-end recommendation that would cost a
minimal amount of money or none at all and also provide a
EFFECTIVE DATE
recommendation for a more expensive project should funds or a donor
become available.
PURPOSE: To integrate public art into municipal infrastructure
This recommendation will be conceptual only. For example, the Arts
projects, particularly those that fall within the Cultural Arts District.
Council might recommend landscaping a roundabout in way that suggests
a theme or highlights native plants. The final landscape design would be
completed by City staff. Similarly, if the Arts Council makes a
POLICY: City staff will seek input from the Arts Council during the
recommendation to incorporate bike rack art in a project, the Arts Council
design phase of all municipal infrastructure projects that fall within
might suggest a theme, but would not actually design the bike rack or
the Cultural Arts District such as trails, streets, manhole cover
choose the artist.
replacement, fire hydrant painting and light pole painting. Other
significant projects around the City may also be brought to the Arts
Council during the design phase for recommendations about how to
integrate public art into the project.

PROCEDURE

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

Step 2: The city’s project manager in consultation with Arts Council

members provides the parameters of the project that are relevant to the
public 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 to
consider at least one week prior to the meeting that should include: 1) A
description of the project; 2) Parameters identified by the city’s project
manager; 3) Photos and/or maps as needed; and 4) Examples of similar
projects completed in other municipalities that incorporated an artistic
component. 18
 Appendix F: Art Projects in Fayetteville Parks

Existing Art Projects in Fayetteville Parks

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

Veterans Memorial Park at Lake Fayetteville

Informational Kiosk Metal Trees – (Designed by Park Planners)

Lake Fayetteville
Botanical Gardens

Walker Park
SE Fayetteville History Mural on racquetball/handball courts – (Joann Kaminsky)
Walker Family Memorial entry rock sign to baseball fields
Wax Hall monument on northeast corner of park

Square Gardens
Water fountain
Fulbright 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 Library

Bronze manhole cover – (Hank Kaminsky)

Document created January 7, 2008

Revised August 27, 2009

1
City of Fayetteville
PARKS AND RECREATION DIVISION
113 W. Mountain Street
Fayetteville, Arkansas 72701
Telephone: 479-444-3471 Fax: 479-521-7714
E-mail: cedmonston@ci.fayetteville.ar.us 19