From: Owczarski, Jim Sent: Wednesday, February 1, 2023 9:24 AM To: Elmer, Linda Subject: FW: Request for Ordinance Review FYI From: Pederson, Robin Sent: Tuesday, January 31, 2023 5:54 PM To: Owczarski, Jim Cc: Spencer, Tearman ; Ohiku, Odalo ; Gresham, Travis Subject: RE: Request for Ordinance Review Hi Jim, This was reviewed by Travis; he indicates it is legal and enforceable. I’m not sure what the process is these days, do we still physically sign the packet, or is this email all you need? Please advise, and we will take care of it. Thanks robin From: CAOLegalAssignments Sent: Wednesday, January 25, 2023 7:50 PM To: Pederson, Robin Cc: Ohiku, Odalo ; Owczarski, Jim Subject: FW: Request for Ordinance Review Please review and assign. ________________________________________________________________ Tearman Spencer | City Attorney | tspencer@milwaukee.gov City Attorney’s Office Zeidler Municipal Building 841 North Broadway, 7th Floor Milwaukee, WI 53202 P (414) 286-2611 | F (414) 286-8550 From: Owczarski, Jim Sent: Wednesday, January 25, 2023 3:45 PM To: CAOLegalAssignments Cc: Farris, Todd Subject: Request for Ordinance Review Good Afternoon, The below ordinance was recommended for passage earlier today by the Community and Economic Development Committee. I would ask that it be reviewed for legality and enforceability. Regards, Jim ..Number 221459 ..Version ORIGINAL ..Reference ..Sponsor ALD. COGGS ..Title An ordinance relating to the duties of the arts board. ..Sections 320-12-1 am 320-12-2-f ra 320-12-2-g rn 320-12-2-h ra 320-12-4-a am 320-12-4-c am 320-12-5 cr 320-12-6 rn, am ..Analysis This ordinance makes various changes to the duties of the arts board. Specifically, the ordinance: 1. Now requires that all members, rather than a majority of members, be city residents. 2. Modifies the duties of the arts board by removing its responsibility to review municipal buildings, approaches and other structures. 3. Authorizes the arts board staff of the department of city development to prepare and submit an annual budget request on behalf of the arts fund. 4. Authorizes the arts board to seek grant opportunities to supplement the municipal arts fund. 5. Provides greater flexibility to the arts board to prepare written reports when deemed necessary. 6. Codifies the 5-to-7-member public arts subcommittee as well as its duties. ..Body The Mayor and Common Council of the City of Milwaukee do ordain as follows: Part 1. Section 320-12-1 of the code is amended to read: 320-12. Arts Board. 1. CREATION. There is created an arts board consisting of 17 members appointed by the mayor for 3-year terms and confirmed by the common council. At least one member shall be selected from among the members of the common council, one member shall be selected from the membership of the Cultural, Artistic and Musical Programming Advisory Council and 2 shall represent the Milwaukee board of school directors. [[A majority of the]] >>All<< members shall be city residents. No member may participate in any decision that would directly assist any organization to which the member belongs, except as a dues-paying member, or from which the member receives any benefit, except as a dues-paying member. Part 2. Section 320-12-2-f of the code is repealed. (Note: The provision being repealed reads as follows: 2. DUTIES AND POWERS. f. Submit an annual budget request for the Milwaukee arts fund.) Part 3. Sections 320-12-g is renumbered 320-12-f and amended to read: f. Review the designs of [[municipal buildings, bridges, approaches and other structures and]] projects in accordance with the guidelines established under sub. 4. Part 4. Section 320-12-2-h of the code is renumbered 320-12-2-g. Part 5. Section 320-12-2-i of the code is renumbered 320-12-2-h and amended to read: h. Administer the municipal art fund established by s. 304-27 >>and seek grant opportunities to supplement the municipal art fund when appropriate<<. Part 6. Section 320-12-4 a and c of the code is amended to read: 4. DUTIES. a. Before any municipal [[ building,]] bridge [[, approach or other structure, project]] or public arts project is constructed, installed or altered by the city, its design shall be submitted to the board for examination [[and report]] before final working drawings have been started or any contract has been let. For the purposes of this sub., a public arts project is defined to include all forms of limited edition or one-of-a-kind original creations of visual art created by an artist and located in a space readily accessible by the general public. c. Within 60 days after review of a design for a public arts project that has been submitted to the board under par. a, the board [[shall]] >>may<< prepare a written report evaluating the design and transmit the report to the affected city department, the mayor and >>the<< common council. The affected department may not proceed with the project until receiving approval from the common council. Part 7. Section 320-12-5 of the code is renumbered 320-12-6 and amended to read: 6. STAFF. The department of city development shall staff the arts board. Staff provided by the department shall have a basic knowledge of the arts and a demonstrated ability to function effectively in the arts community. >>Staff shall prepare and submit an annual budget request on behalf of the arts fund.<< Part 8. Section 320-12-5 of the code is created to read: 5. PUBLIC ARTS SUBCOMMITTEE. a. The membership of the public art subcommittee shall consist of 5-7 members of the arts board. Nominees for the public art subcommittee shall be named and voted on by the arts board. b. The public art subcommittee shall: b-1. Administer the public art new work and conservation funds and provide project recommendations to the arts board. b-2. Develop strategic partnerships with organizations, neighborhoods and artists to commission public art. ..LRB APPROVED AS TO FORM _________________________ Legislative Reference Bureau Date:_____________________ ..Attorney IT IS OUR OPINION THAT THE ORDINANCE IS LEGAL AND ENFOCEABLE ________________________ Office of the City Attorney Date:____________________ ..Requestor Department of City Development ..Drafter LRB 177550-1 Christopher Hillard