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Acknowledging, Authorizing, and Supporting a Proposed Public Mural Art Project on a MnDOT Wall Located at the Northeast Quadrant of U.S. Hwy 61 (Mounds Blvd.) and 3rd Street East (District 4, Ward 7).
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Whereas, the Minnesota Department of Transportation (“MnDOT”) owns the subject retaining wall, located along the Northeast quadrant of U.S. Highway 61 (Mounds Blvd) and 3rd Street East in the City of Saint Paul (the “MnDOT Wall”); and
Whereas, the City of Saint Paul (the “City”) desires to facilitate the installation of a mural on the MnDOT Wall (“Art”); and
Whereas, MnDOT requires preapproval by MnDOT of an application (“Application”) for public art located on or in MnDOT rights of way and MnDOT-owned non-office state transportation facilities pursuant to the MnDOT Art on Highway Right of Way Policy (the “MnDOT Policy”); and
Whereas, pursuant to the MnDOT Policy, an Application may only be submitted by a political subdivision of the state, other state agencies, or tribal government; in this case, the City of Saint Paul (the “Applicant”); and
Whereas, the Application must include a resolution from the Applicant's governing body (City Council), stating the Applicant's leadership is aware of and supports the proposed art project; and
Whereas, the MnDOT Policy requires the Applicant to ensure public engagement is completed related to the Art to establish that the Art is consistent with the Applicant’s community standards; and
Whereas, under City Council resolution #23-290, the Council acknowledged that the City intends to provide certain Neighborhood STAR grant funds to be used for the prototyping and installation, of the Art; and
Whereas, the Application must include a waiver from the muralist[s] of all artist rights granted pursuant to the Visual Artists Rights Act (VARA), 17 U.S.C. §106A(a); and
Whereas, the MnDOT Policy requires the Applicant to enter into an agreement with MnDOT related to the Art (“Art Agreement”) including provisions requiring Art donation to MnDOT and specifying responsibilities related to the installation, maintenance, and removal of the Art; and
Whereas the City has identified that the Sponsor named in the Application has the funding necessary to install, maintain, and remove the Art on and from the MnDOT Wall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saint Paul:
1. That the City hereby extends its support of and for the installation, maintenance, and removal of the above-described Art pursuant to the Application.
2. That the City acknowledges that the City and the Sponsor named in the Application has conducted public engagement related to the Art and that the Art is consistent with the City’s community standards.
3. That the City authorizes City staff to submit an Application to MnDOT concerning the installation, maintenance, and removal of the Art on the MnDOT Wall located along the Northeast quadrant of U.S. Highway 61 (Mounds Blvd) and 3rd Street East in the City of Saint Paul.
4. That the City Council hereby ratifies actions of City staff taken in connection with this Art project, and further authorizes and approves the City negotiating and entering into the Art Agreement with MnDOT, subject to approval by the City Attorney’s Office.
5. That the City Council hereby authorizes and approves City staff to take all actions necessary to carry out the activities authorized by this Resolution, including finalizing all documents and agreements necessary to effectuate the activities to be undertaken by this Resolution, subject to approval by the City Attorney’s Office.
6. That the proper City officials are hereby authorized and approved to execute any and all other documents in connection with this Resolution, subject to approval by the City Attorney’s Office.
7. That Resolution does not constitute a binding legal agreement; rather, the action taken herein shall not be effective until the contract[s] / document[s] are executed by the appropriate official(s) of the City.