Title
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).
Body
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 prov...
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