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2025-01-28 SLAC PacketSouthlake Arts Council Meeting Date - January 28, 2025 CITY OF SOUTHLAKE MEMORANDUM January 24, 2025 TO: Southlake Arts Council FROM: Milenka Lopez, Business Manager SUBJECT: Agenda Item Comments for the Southlake Arts Council meeting on Tuesday, January 28, 2025, at 6:00 PM The meeting will be held on Tuesday, January 28, 2025, at the Legends Hall Traditions Ballroom lll. If you are not able to attend this meeting, please notify staff at 817.748.8963 or mlopez ci. southlake. tx. us Regular Agenda: 1. Agenda Item No. 1. Call To Order 2. Agenda Item No. 2. Consent A. Approve the minutes from the October 22, 2024, Southlake Arts Council meeting - Please make any corrections to the minutes part of the motion for consideration. 3. Agenda Item No. 3. Public Forum This is the public's opportunity to address the Arts Council about non -agenda items. During this proceeding, the Arts Council will not discuss or act on any item presented. Southlake Arts Council respectfully asks anyone speaking during the Public Forum to limit remarks to three minutes or less. 4. Agenda Item No. 4. Consider A. Recommend approval of the City of Southlake Mural Policy — The purpose of this item is to recommend approval of the City of Southlake Mural Policy. Your packet memo contains a draft copy of the policy. 5. Agenda Item No. 5. Discussion A. Veterans Memorial Focus Group Report- The purpose of this item is to discuss the Veterans Memorial Focus Group Report. A copy of the report will be provided at the meeting. Southlake Arts Council Meeting Date - January 28, 2025 B. DPS West Installation and Dedication Ceremony- The purpose of this item is to discuss the DPS West Installation and Dedication Ceremony. C. MSC Art Initial Discussion- The purpose of this item is to initiate a discussion on the Municipal Service Center public art. D. Public Art Program Updates- The purpose of this item is for the Southlake Arts Council to discuss any Public Art Program Updates including the upcoming Southlake Presents Exhibit. E. APEX Updates- The purpose of this item is for the Southlake Arts Council to discuss any APEX updates including the upcoming Strokes of Art in the Square Exhibit. 6. Agenda Item No. 6. Adjournment We appreciate your commitment and service to the City. Liaison Contact Information: Milenka Lopez Business Manager STAFF CONTACT INFORMATION: Telephone- (817) 748-8963 Facsimile- (817) 748-8027 285 Shady Oaks Drive, Southlake, Texas 76092 Milenka Lopez, Business Manager, mlopez(a)ci.south lake.tx.us Vicky Schiber, Community Relations Manager, vschiber(a-ci.south lake.tx.us Taygan McBurney, Administrative Assistant, tmcburney(a-_)ci.southlake.tx.us CITY OF SOUTI-HLAKE SOUTHLAKE ARTS COUNCIL Tuesday, January 28, 2025 LOCATION: The Marq Southlake Ledends Hall - Traditions Ballroom III 285 Shady Oaks Blvd. Southlake, Texas 76092 TIME: 6:00 P.M. Regular Agenda: 1. Call to Order 2. Consent A. Approve the minutes from the October 22, 2024, Southlake Arts Council meeting 3. Public Forum (This is the Public's opportunity to address Southlake Arts Council about non -agenda items. During this proceeding, Southlake Arts Council will not discuss, consider, or act on any items presented. Southlake Arts Council respectfully asks anyone speaking during Public Forum to limit remarks to three minutes or less.) 4. Consider A. Recommend approval of the City of Southlake Mural Policy 5. Discussion A. Veterans Memorial Focus Group Report B. DPS West Installation and Dedication Ceremony C. MSC Art Initial Discussion D. Public Art Program Update E. APEX Updates 6. Adjournment A quorum of the City Council, Board, Commission, or Committee may or may not be present at this meeting. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Vmy, s, on Friday, Jar .kva Lg02,�5by 6:00 P.M. pursuant to Chapter 551 of the Texas Government s kF :v= C If you plan to attend this pub( meeting.aed•ha`� a disability that requires special needs, please advise the City Secretary 48 hours in advancereasonable accommodations will be made to assist you. 'mill' City of'Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF Item 2A SOUTHLAKE SOUTHLAKE ARTS COUNCIL MEETING MINUTES: OCTOBER 22, 2024 LOCATION: The Marq Southlake Champions Club- Hall of Fame Classroom 2 285 Shady Oaks Blvd. Southlake, Texas 76092 TIME: 6:00 P.M. SOUTHLAKE ARTS COUNCIL PRESENT: Chair Tamara McMillan, Vice Chair Leslie Walker, and Southlake Arts Council members Tim Sabo, Terri Messing, Alison Viktorin, Susan Steinbrecher, and Milan Georgia (Alt 1) SOUTHLAKE ARTS COUNCIL ABSENT: Secretary Julie Doyle STAFF PRESENT: Business Manager Milenka Lopez, Community Relations Manager Vicky Schiber, Assistant City Manager Stacey Black, Deputy Director of Planning & Development Services Jennifer Crosby CITY COUNCIL MEMBER PRESENT: Deputy Mayor Pro Tern Kathy Talley REGULAR SESSION 1. CALL TO ORDER Southlake Arts Council Chair Tamara McMillan called the meeting to order at 6:00 P.M. 2. PUBLIC FORUM Chair McMillan opened the Public Forum at 6:00 P.M. There being no one to speak, the Public Forum closed at 6:00 P.M. 3. CONSENT AGENDA 3A. APPROVAL OF THE MINUTES FROM THE SEPTEMBER 24, 2024, SOUTHLAKE ARTS COUNCIL MEETING Chair Tamara McMillan presented item 3A, approval of the minutes from the September 24, 2024, Southlake Arts Council meeting. APPROVED City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Minutes of the October 22, 2024 Southlake Arts Council Meeting Page 2 of 4 A motion was made to approve the minutes from the September 24, 2024, Southlake Arts Council meeting as presented. 3B. 4. 4A Motion: Walker Second: Steinbrecher Ayes: Sabo, Walker, Messing, Nays: None Abstain: None Vote: 6-0 Motion passed. Viktorin, McMillan, Steinbrecher RESCHEDULE THE NOVEMBER SOUTHLAKE ARTS COUNCIL MEETING FROM NOVEMBER 26, 2024, TO NOVEMBER 19, 2024. Chair Tamara McMillan presented item 313, rescheduling the November 26, 2024, Southlake Arts Council meeting to November 19, 2024. APPROVED A motion was made to approve rescheduling the November Southlake Arts Council meeting from November 26, 2024, to November 19, 2024. Motion: Messing Second: Walker Ayes: Sabo, Walker, Messing, Nays: None Abstain: None Vote: 6-0 Motion passed. CONSIDER Viktorin, McMillan, Steinbrecher ELECTION OF SOUTHLAKE ARTS COUNCIL VICE -CHAIR AND SECRETARY Chair Tamara McMillan presented item 4A, the election of Southlake Arts Council Vice -Chair and Secretary. The board nominated Leslie Walker as Vice -Chair and Julie Doyle as Secretary. APPROVED A motion was made to approve the nomination of Leslie Walker as Vice - Chair and Julie Doyle as Secretary. Motion: Messing Second: Viktorin Ayes: Sabo, Walker, Messing, Viktorin, McMillan, Steinbrecher Nays: None City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Minutes of the October 22, 2024 Southlake Arts Council Meeting Page 3 of 4 Abstain: None Vote: 6-0 Motion passed. 4B. RECOMMENDATION TO APPROVE THE PROPOSED COMMERCIAL WALL MURAL FOR FLOWER CHILD LOCATED AT 1239 MAIN STREET, SOUTHLAKE, TX. Chair Tamara McMillan presented item 413, recommendation to approve the proposed Commercial Wall Mural for Flower Child located at 1239 Main Street, Southlake, TX. A representative from Flower Child was available to answer questions. APPROVED A motion was made to approve the Commercial Wall Mural for Flower Child with the following recommendations: no mural on the South Elevation and include only the lit sign as required by Kite. On the west elevation right panel, reduce the mural to be less busy and not have so many details. This can include reducing the scale of both panels to balance out the overall mural. Motion: McMillan Second: Walker Ayes: Sabo, Walker, Messing, Viktorin, McMillan, Steinbrecher Nays: None Abstain: None Vote: 6-0 Motion passed. 4C. APPROVE THE PUBLIC ART DISPLAY PERMIT FOR THE CISD STUDENTS' ARTWORK EXHIBIT. Chair Tamara McMillan presented item 4C, approve the Public Art Display Permit for the CISD Students' Artwork Exhibit. APPROVED A motion was made to approve the Public Art Display Permit for the CISD Student's Artwork Exhibit. Motion: Messing Second: Steinbrecher Ayes: Sabo, Walker, Messing, Viktorin, McMillan, Steinbrecher Nays: None Abstain: None Vote: 6-0 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Minutes of the October 22, 2024 Southlake Arts Council Meeting Page 4 of 4 Motion passed. 5. DISCUSSION 5A. TOMMY BAHAMA COUNCIL DECISION Chair Tamara McMillan presented an update on the Tommy Bahama Council Decision. Direction to Staff: NA. 5B. VETERANS MEMORIAL UPDATE Business Manager Milenka Lopez presented an update on the Veterans Memorial and was available to answer questions. Direction to Staff: NA. 5C. DPS WEST ART UPDATE Business Manager Milenka Lopez presented an update on the DPS West Art project and was available to answer questions. Direction to Staff: NA. 5D. PUBLIC ARTS UPDATE Business Manager Milenka Lopez mentioned finalizing the activity for Home for the Holidays at the next Southlake Arts Council meeting. Direction to Staff: NA. 5E. APEX UPDATES Arts Council Member and APEX Chair Terri Messing gave an update on the Art in the Square Blind Jury. 6. ADJOURNMENT Southlake Arts Council Chair McMillan adjourned the meeting at 7:10 P.M. Attest: Tamara McMillan, Chair Community Services Department City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 2024 Southlake Arts Council Attendance Report 2024 Southlake Arts Council Attendance Report Place Name 1/23/24 2/27/24 3/26/24 4/23/24 5/28/24 6/25/24 7/23/24 8/27/24 9/24/24 10/22/24 11/26/24 12/24/24 Attendance Rate 'Daley • a • • aaaaaaeaaoee t t ��� o ... a00000eaoose t t �� Meeting Attendance Rate (includes substitutions) 88% 88% 100% 88% 100% 100% 88% 88% 100% v in attendance Total Hrs Per Month 1.30 1.00 1.00 0.66 1.50 0.72 1.13 0.30 1.17 X Not in attendance, no substitute 1 Substitute in attendance • Vacant position Meeting Canceled 1 Meeting Canceled due to no quorum Chance in Representative CITY OF Item 4A SOUTH LAKE MEMORANDUM January 24, 2025 To: Southlake Arts Council From: Milenka Lopez, Business Manager Subject: Recommend Approval of the City of Southlake Mural Policy Action Requested: Recommend Approval of the City of Southlake Mural Policy Background Information: The purpose of this item is for the Southlake Arts Council to consider the proposed City of Southlake Mural Policy. The purpose of this policy is to create a procedure to determine what murals may be installed on public and private facilities under a Public Arts Easement in the City of Southlake. It also creates an administrative framework for selecting and maintaining installed murals and related liability issues. There isn't currently a policy that outlines how murals may be approved outside of the Town Square Master Sign Plan. The Master Sign Plan, however, only addresses commercial wall murals that may be applied in Town Square. Due to an increase in the popularity of murals in public places, the City Council directed staff to develop a policy for approving murals throughout the City at the Strategic Priorities Workshop in 2022. The purpose of this policy is not to encourage the placement of excessive Public Art Murals throughout the City, but to establish a process for administrative approval of Public Art Mural projects as they are proposed for the entire city. The policy distinguishes between a Commercial Wall Mural and a Public Art Mural and outlines the approval process for each. Both processes require the Arts Council's recommendation before going to the Sign Board and/ or the City Council. The City of Southlake Mural Policy includes the following sections: 1. Guiding Principles 2. Purpose 3. Goals 4. Definitions 5. Management City of Southlake Values: Integrity 1 Innovation 1 Accountability ♦ Commitment to Excellence ♦ Teamwork Southlake Arts Council Meeting Date — January 28, 2025 Page 2 of 2 6. Commercial Wall Mural 7. Public Art Mural 8. Placement of Public Art Murals in the City of Southlake 9. Proposing Public Art Mural Projects 10. Criteria for Acceptance of Public Art Murals 11. Funding for Public Art murals 12. Maintenance 13. Project Length and Decommission 14. Artist Agreement 15. Visual Artists Rights Act (VARA) of 1990 Financial Considerations: The recommendation of the City of Southlake Mural Policy will have no impact on the City budget. Strategic Link: The recommendation of the policy is linked to the City Council's Focus Area of Performance Management and Service Delivery. The policy also addresses the corporate objectives of achieving strong outcomes through continual evaluation and pursuit of better practices that improve core business operations. Citizen Input/ Board Review: Southlake Arts Council consideration and recommendation of the City of Southlake Mural Policy on January 28, 2025. City Council consideration on February 18, 2025. Legal Review: This policy has been reviewed by the City Attorney's office. Alternatives: Approve the policy as presented Approve the policy with modifications A decision not to approve the policy Supporting Documents: • Copy of the draft City of Southlake Mural Policy Recommendation: Recommend Approval of the City of Southlake Mural Policy City of Southlake Values: Integrity 1 Innovation 1 Accountability ♦ Commitment to Excellence ♦ Teamwork Copy of the draft City of Southlake Mural Policy CITY OF SOUTHLAKE City of Southlake Mural Policy Policy: Display of Murals in the City of Southlake Source: City Council Category: Community Services Department 1.0 Guiding Principles The City of Southlake provides municipal services that support the highest quality of life for our residents, businesses, and visitors. We utilize an exemplary model of balancing efficiency, fiscal responsibility, transparency, and sustainability. We align our work with the City's Strategy Map, which focuses on safety and security, infrastructure and development, partnerships and volunteerism, and performance management and service delivery and with the City's core values of integrity, innovation, accountability, commitment to excellence and teamwork. The Southlake City Council has adopted this Policy for the display of murals in the City of Southlake to ensure the most appropriate and operationally sustainable procedure for selecting and maintaining public art mural assets. The policy will guide the procedure for selecting and maintaining mural assets in the City of Southlake. 2.0 Purpose 2.1 The purpose of this policy is to create a procedure to determine what murals may be installed on public and private facilities under a Public Arts Easement in the City of Southlake. It also creates an administrative framework for selecting and maintaining installed murals and any related liability issues. 2.2 The purpose of this policy is not to encourage the placement of excessive Murals throughout the City but to establish a process for administrative approval of Mural projects as proposed. 3.0 Goals 3.1 The goals of this policy are to provide a clear and effective process for installing Murals in the City of Southlake that: City of Southlake Mural Policy Page 2 of 13 3.1.1 Align with the City's strategic priorities as outlined in the City's Strategy Map and Public Art Comprehensive Plan; 3.1.2 Enhance the appeal of Southlake Town Square and other prominent areas in Southlake by fostering a unique and attractive environment; 3.1.3 Improve the aesthetic experience for citizens and visitors frequenting the City of Southlake; 3.1.4 Contribute to the success of the City's brand by increasing foot traffic, strengthening the community, and showcasing Southlake's stories and history; and 3.1.5 Increase engagement with Southlake businesses, public facilities, and local government, inspiring residents to become involved in their community. 3.2 This policy shall apply to city -owned properties throughout Southlake and privately -owned businesses with Public Art Easements (as defined below). 3.3 This policy shall also differentiate between Public Art Murals and Commercial Wall Murals. 4.0 Definitions 4.1 Artist — A practitioner in the visual arts who is generally recognized by their peers as a professional of serious intent and has the ability to produce fine works of art. The practitioner typically makes a living through their artistic practice. 4.2 Artist Agreement — A formal contract between the artist and the City of Southlake or property owner that outlines the terms and conditions of the creation, installation, and maintenance of a Public Art Mural. 4.3 Artwork — Includes, but is not limited to, a sculpture, monument, mural, painting, fountain, or stained glass. Digital artwork is not considered art under this policy and is subject to the Town Square Sign Master Plan. Digital artwork in other areas outside of Town Square will not be accepted. 4.4 Call to Artist — The standard method used by the Southlake Arts Council to announce new projects and to invite artists to be considered for their projects. A Call to Artist may include Requests for Qualifications and Requests for Proposals for public art. 4.5 City — Shall mean the City of Southlake, Texas. 4.6 Commercial Activity — Activities of industry and trade, including, but not limitedto, the buying or selling of commodities and activities conducted for the purpose of facilitating such buying and selling. City of Southlake Mural Policy Page 3 of 13 4.7 Commercial Wall Mural — A graphic or artwork painted or applied to the front fagade, entryway, side, or back of a building, where its background differentiates it from the general color or material of the wall or other surface. The artwork is located on private property and is associated with the tenant occupying the corresponding space. For the purposes of this policy, a Commercial Wall Mural is considered a sign, not a public art mural. 4.8 Community Symbol — Any imagery, logo, slogan, or symbols associated with the City of Southlake and its brand used by The City in any capacity. A community symbol may be used in public art if approved by the City Council. 4.9 Maintenance Plan — A comprehensive plan outlining the ongoing care and preservation of a Public Art Mural to ensure its longevity and aesthetic quality. 4.10 Mural Removal Plan — A detailed plan outlining the process for the decommissioning and removal of a Public Art Mural. 4.11 Public Art — Any art displayed, performed, or demonstrated in a City park, public right-of-way, easement granted to the City for public art, or the interior/exterior of any City facility and/or participating privately owned business. 4.12 Public Arts Collection —Consists of all City of Southlake-owned or controlled works of art. 4.13 Public Art Easement — A legal right by the City, individual, or organization to use private property for the specific purpose of installing and maintaining a Public Art Mural. This is conveyed through the signing of a Public Art Easement Agreement. 4.14 Public Art Mural — Any graphic artwork painted or applied on a wall, ceiling, ground surface, or other architectural surface (including but not limited to mosaic tiles, photographic elements, wheat paste murals, and collages of elements) where its background differentiates it from the general color or material of the wall or other surface. These murals are displayed in a City park, public right-of-way, or the interior/exterior of a city facility or privately owned building that has entered a public -private partnership with the City. 4.15 Southlake Arts Council —Aboard appointed by the City Council that makes recommendations to the City Council regarding the Public Art Program, including Public Art Murals and commercial Wall Murals as determined by the Director of Planning and Development Services. City of Southlake Mural Policy Page 4 of 13 5.0 Management 5.1 The Department of Community Services (the "Department") is charged with overseeing all aspects of the City's park and recreation system, including the management and allocation of the City's Public Art Program as per this policy to ensure the City is serving customers, managing the business, and providing financial stewardship of these City -owned assets. 5.2 The Department has developed the following objectives to guide its business operations related to the management of the park and recreation system: 5.2.1 Creating world -class recreational and park experiences that promote well-being, pursuit of personal enjoyment, and create life-long memories; 5.2.2 Enhancing the sense of community through well -run recreational programs, parks, hospitality, and customer relations programs; and fostering partnerships, citizen engagement, and volunteer opportunities; 5.2.3 Intentional planning and conservative financial management practices, including adhering to cost recovery goals and partnering with community organizations that enhance our customer service; 5.2.4 Being future -ready by evaluating department resources, investing in high -quality assets, and protecting those assets through the Asset Replacement Plan; 5.2.5 Achieving strong service outcomes through innovative process improvement and best practices for parks and recreation professionals; 5.2.6 Collaborating with select partners to implement service solutions; 5.2.7 Attracting and retaining a talented and motivated workforce by setting a strong foundation for success through a well -developed, fun, and comprehensive onboarding program; and 5.2.8 Proactively planning by providing leadership and professional development opportunities to prepare employees for the next step in their careers. 6.0 Commercial Wall Mural 6.1 A Commercial Wall Mural is different from a Public Art Mural as it is associated with a commercial entity and/ or contains a commercial message such as, but not limited to, logos, branding, or any indication or description in narrative or image from the type of commercial activity that occurs in the inside of a building. Commercial Wall Murals are considered signs, not City of Southlake Mural Policy Page 5 of 13 public art, and must go through the Southlake Sign Board and City Council for approval. Businesses that wish to display a Commercial Wall Mural on their building facades should contact the Planning and Development Services Department for the application and sign approval process. 6.2 There are instances when Commercial Wall Murals proposed throughout the City may require review by the Southlake Arts Council. The City of Southlake Planning and Development Services Director shall determine if a commercial sign shall go before the Southlake Arts Council for review before it goes to the Sign Board and City Council for approval. 6.3 The Southlake Master Sign Plan outlines when businesses and tenants in Southlake Town Square may display a Commercial Wall Mural. While a Commercial Wall Mural is considered a sign, the public nature of its location may make it subject to the Southlake Arts Council review. Therefore, any Commercial Wall Mural that requires the Sign Board and City Council approval per the Town Square Master Sign Plan may also require Southlake Arts Council recommendation. 6.3.1 The Nike mural at the corner of Fountain Place and Grand Ave, as shown below, is an example of a Commercial Wall Mural in Town Square classified as a sign. Nike mural in Town Square 6.4 The Southlake Arts Council shall review Commercial Wall Murals as requested by the Director of Planning and Development Services. In their role, they will review the proposed mural, provide feedback, observations, and suggestions to the applicant as applicable, and ultimately make a recommendation to the Sign Board. City of Southlake Mural Policy Page 6 of 13 6.5 Commercial Wall Mural proposals, applications, placements, funding maintenance, and removal are subject to the Southlake Sign Ordinance (Ordnance No. 704-J) and the Town Square Master Sign Plan. 7.0 Public Art Mural 7.1 In general terms, a Public Art Mural may be described as any graphic artwork painted or applied directly on a wall, ceiling, ground surface areas (such as sidewalks, driveways, parking areas, turf fields, or lawns), or other permanent architectural surfaces where its background differentiates it from the general color or material of the wall or other surface. 7.1.1 The "I Believe in Southlake" mural, located at the corner of Civic Place and State Street, is an example of a Public Art Mural, as shown right. I Believe in Southlake mural in Town Square 7.2 For the purpose of this policy, a mural does not include temporary works of art that are washed away by elements of the weather (e.g., chalk). 7.3 A Public Art Mural should achieve the goals outlined in the Purpose section of this policy. 7.4 A mural shall not be considered public art if it is in any way associated with a commercial entity and/or contains a commercial message such as, but not limited to, logos, branding, or any indication or description in narrative or image from the type of commercial activity that occurs on the inside of the building. Public Art Murals may not advertise any business, brand, or product. City of Southlake Mural Policy Page 7 of 13 7.5 The Southlake Arts Council shall review all Public Art Mural applications and proposals. In their role, they will review the proposed mural, provide feedback, observations, and suggestions to the applicant as applicable, and ultimately make a recommendation to the City Council. 8.0 Placement of Public Art Murals in the City of Southlake 8.1 Public Art Mural projects initiated, commissioned, and/or funded by the City may be placed on public buildings, structures, or infrastructure in Town Square or other City -owned facilities. 8.2 While any City -owned property can \� technically hold public art, each building . and structure is unique, and the context J' ' of the surrounding area shall be considered. c 8.3 Should the City initiate and fund a Public Art Mural on a privately owned building the —� or structure, execution of a public art easement agreement, per State and City requirements, with the property owner is required. r 8.4 For example, any proposed Public Art Mural in Southlake Town Square must w first receive written approval from the property owner before beginning the View of Town Square Parking Garage authorization process. Upon approval, the City shall establish a public art easement with the property owner. 8.5 For this policy, the following guidelines should be considered when selecting a location for a Public Art Mural: 8.5.1 Public buildings, structures, or infrastructure, as well as alleys or private street -facing walls, are the preferred locations for murals; 8.5.2 Murals should complement and not overpower existing architectural features such as trimmed windows, molding, entryways, or similar details. Key architectural elements should remain unobstructed by murals; 8.5.3 Murals should be sized appropriately to the location selected and should encourage and engage in safe pedestrian interaction; 8.5.4 Color schemes should be compatible or complementary with existing building designs and colors; and City of Southlake Mural Policy Page 8 of 13 8.5.5 Murals should be placed in locations that are easily visible to the public. rr a Buildings Around Southlake Town Square 9.0 Proposinq Public Art Mural Projects 9.1 Public Art Mural proposals may be submitted by any community member, including artists, non-profit organizations, property owners, and governmental agencies. The Southlake Arts Council may issue Calls to Artists to solicit proposals for mural projects at the request of the City Council. The final decision on every mural project rests with the City Council. The City Council makes the final decision on all mural projects and may seek additional input from the Southlake Arts Council at any stage of the process. 9.2 The process for proposing a Public Art Mural is as follows: 9.2.1 Step 1. Contact the Community Services Department Arts Council Staff Liaison at 817-748-8019 to discuss your concept for a Public Art Mural; 9.2.2 Step 2. Complete the Public Art Mural Application Form and submit your proposal. The proposal must include the following: • A project description, including a digital scale rendering of the proposed mural and a brief narrative that outlines the intent of the artwork and its relevance to Southlake and the site, • Image of the proposed site with a site plan drawn to scale, • List of proposed materials and installation methods, including any safety measures, • Detailed budget, including supplies, installation, and annual maintenance, • Funding plan (if not sponsored by the City), City of Southlake Mural Policy Page 9 of 13 • Estimated planning and installation timeline, • Durability assessment, specifying a defined lifespan for the mural (up to 5 years), • Maintenance Plan, including provisions for damage, vandalism, and emergency repairs, as well as a removal plan upon the mural's end -of -life or deterioration, • Graffiti remediation plan, • A signed waiver regarding reproductions, photographs, and proprietary ownership of the artwork, • Mural Removal Plan, including provisions for removing the mural in a manner that minimizes damage to the underlying structure and surrounding areas, steps for notifying key stakeholders —such as the artist, property owners, the City, and the local community —in advance of the removal, and a plan for restoring the mural site to its original state or preparing it for future use. • Letter of intent from the property owner granting permission for the mural installation on private property. While the Public Art Easement agreement does not need to be signed until after project approval, the applicant must secure written consent from the property owner to sign the easement if the project is approved, • If the mural includes any 3D elements or attachments, these must be stamped by a structural engineer and approved by a City engineer. Projects with 3D elements also require a building permit from the Planning and Development Services Department before installation. 9.2.3 Step 3. Staff will review the application with the applicable property manager for their feedback. 9.2.4 Step 4. Staff will present the proposal to the Southlake Arts Council for review and recommendation. 9.2.5 Step 5. Upon Arts Council recommendation, the project shall be presented to the City Council for final approval and funding, if applicable. The City Council has the final determination on approval, funding, and location selection for any proposed Public Art Mural project. 10. Criteria for Acceptance of Public Art Murals 10.1 Proposals for Public Art Murals shall meet the following criteria: City of Southlake Mural Policy Page 10 of 13 10.1.1 Murals must be completed or directed by an experienced artist who can provide documentation of professional work, such as a portfolio or link to their professional website, commensurate with the scope of the mural project; 10.1.2 Murals must be unique, "one -of -a -kind" works of art that do not appear in any other public form. This includes, but is not limited to, advertising, logos, trademarks, and publications where the mural is used to promote or identify the sponsor in any form; 10.1.3 Materials used must be of the highest quality to ensure performance and longevity. The use of toxic materials is prohibited; and 10.1.4 Mural themes should be consistent with the surrounding area and align with the goals established by this policy. In general, themes should be positive and uplifting, foster positive community interaction, and reflect the City of Southlake's values of Integrity, Innovation, Accountability, Commitment to Excellence, and Teamwork. 10.2 The following themes or elements are not permitted: representations of violence or hate, nudity or sexually explicit content; profanity or obscene language; depictions of illegal activities; disparagement or denigration of cultures; political themes or agenda -driven content; commercial or advertising messages; use of copyrighted material without proper authorization; or any content that may pose safety risks or create hazardous conditions. The City reserves the right to reject proposals for murals based on the themes or messages expressed as permitted by applicable First Amendment law. 10.3 Proposals will be evaluated based on their contribution to the urban environment, the quality they bring to the public art landscape, and the overall strength of the proposal. 10.4 Proper site preparation and installation are required to preserve the mural during the agreement term. Murals painted directly on brick, plaster, and concrete walls offer the best surface for longevity. 10.5 Once the City Council has accepted a design, it shall in no way, shape, or form be altered by the artist or any member of the public without the prior approval of the City Council. 11. Funding for Public Art Murals 11.1 Funding for Public Art Murals may come from various avenues. For city - sponsored projects, funding may come from the Public Arts Fund supported by the Hotel Occupancy Tax or funding allocated as part of approved City of Southlake Mural Policy Page 11 of 13 Capital Improvements Program projects to support the Public Arts Comprehensive Plan. 11.2 The City may also consider alternative funding sources, such as the Strategic Initiative Fund or the General Fund, on a project -by -project basis. 11.3 Funding for community -initiated projects may also come from the Art Matching Funds Program and/or private donations in adherence to the Public Art Matching Funds Policy and the Public Art Display and Performance Policy. 11.4 Funding for Commercial Wall Murals is the responsibility of the business proposing to display a Commercial Wall Mural. 12. Public Art Mural Maintenance 12.1 Unless otherwise agreed by the City Council, it is the responsibility of the applicant to work with the artist to ensure the Public Art Mural is maintained in good condition. If the artist is unavailable, the applicant is responsible for developing an acceptable maintenance solution as outlined in their Maintenance Plan. 12.2 To extend the lifespan of the Public Art Mural, maintenance best practices should be followed. These may include but are not limited to, preliminary wall preparation or cleaning, priming, and curing; using appropriate paints, enamels, or materials that match the surface; and applying topcoats, sacrificial layers, and graffiti -resistant coatings that do not compromise the artwork. 12.3 The City assumes that Public Art Murals will be maintained in good condition through periodic upkeep and maintenance performed by the applicant and/or artist as needed. Maintenance by the artist will ensure the mural retains its original design. No alterations to the mural's design, theme, or scope may be made during routine maintenance without City Council approval. 12.4 The applicant is responsible for ensuring the Public Art Mural remains in good condition and is repaired in cases of vandalism, accidental damage, or destruction. The applicant and/or artist are encouraged to implement measures to discourage vandalism and facilitate easier, less costly repairs in the future. 12.5 Mural Maintenance Plans shall be submitted with the project proposal and must include the following: City of Southlake Mural Policy Page 12 of 13 12.5.1 Detailed list of materials used to create the mural, including specific paints, sealants, and protective coatings applied. 12.5.2 Detailed instructions for routine maintenance which describe best practices for cleaning and maintaining the mural and a list of recommended cleaning materials. Please also include a list of substances to avoid when maintaining the mural. 12.5.3 Detailed list of protective and anti -graffiti coatings used, including detailed instructions on how often they should be reapplied and instructions for inspecting the coating's integrity for signs that it needs reapplication. 12.5.4 Detailed instructions for minor touch-ups, including specific paints and materials used and contact information for the applicant, artist, or chosen conservationist to contact for minor repairs. 12.5.5 Detailed plans and contact information for graffiti removal and/or emergency repairs by the applicant, with actions taken within 72 hours or another mutually agreed -upon timeframe after notification. If the graffiti is not removed and the mural is not repaired, the City will remove the graffiti using standard removal materials. In instances of highly offensive material, the City will remove the graffiti immediately. 12.5.6 The applicant is responsible for making repairs to the mural within 72 hours, or within a mutually agreed -upon timeframe, after notification by the City. 12.5.7 Plans for periodic touch-ups or repairs as needed throughout the Iifespan of the mural. The applicant is responsible for ensuring that the mural is kept in good condition, with periodic maintenance performed by the applicant and/or artist. 12.5.8If the mural is defaced or not adequately repaired, maintained, preserved, or conserved to the satisfaction of the City, the City reserves the right to repair, maintain, preserve, conserve, or remove the mural entirely. This may include altering or destroying the mural during the removal process. 12.5.9 Documentation, including pictures, of the completed mural to be kept by the City as a reference for maintenance purposes. 13.0 Project Length and Decommission of a Public Art Mural 13.1 The duration of an art or mural project is influenced by factors such as exposure and materials used. The final Iifespan of the mural will be specified in the Artist Agreement for each project. Once approved, the condition of the Public Art Mural should be reviewed by the Community Services Department every five years following installation and provide a report to City of Southlake Mural Policy Page 13 of 13 City Council regarding its status. The City Council has the final say in any decisions regarding the mural. 13.2 The applicant or artist is responsible for removing the Public Art Mural once it has reached the end of its expected lifespan or sooner if removal is necessary due to other conditions such as deterioration, safety concerns, or changes to the property. 13.3 A Mural Removal Plan must be submitted with the original project proposal for a Public Art Mural and should include comprehensive details on the removal process. The plan must specify methods for removing the mural in a way that minimizes damage to the underlying structure and any surrounding areas. Additionally, the plan must outline the steps for notifying key stakeholders, including the artist, property owners, the City, and the local community, in advance of the removal. It must also address the restoration of the mural site, ensuring the area is returned to its original state or appropriately prepared for future use. The Mural Removal Plan must comply with relevant legal, contractual, or preservation requirements. 13.4 The City has, in its sole discretion, the authority to repair, maintain, preserve, and/or conserve the mural, or alternatively, the authority to remove, alter, or destroy the mural. 14.0 Artist Agreement 14.1 All Artists completing a Public Art Mural shall sign an agreement that clearly establishes the project's parameters and outlines responsibilities while establishing the expectations of both parties involved. The Artist Agreement will outline the lifespan of the mural. 15.0 Visual Artists Rights Act (VARA) of 1990 15.1 All Artists entering an Artist Agreement with The City of Southlake will waive the rights granted by VARA. The waiver is a part of the Artist Agreement and shall specifically identify the work and uses of that work to which the waiver applies, and the waiver shall apply only to the work and uses so identified. In the case of a joint work prepared by two or more authors, a waiver of rights under this paragraph made by one such author waives such rights for all such authors. 15.2 For more information about the Visual Artist Rights Act of 1990 (VARA), 17 U.S.C. § 106A, you may visit the U.S. Government Publishing Office online to view the United States Code titled "Rights of Certain Authors to Attribution and Integrity."