City's public art requirement could be loosened by council City's public art requirement could be loosened by council (March 31, 2004)

Business owners and other people doing non-residential building projects could soon find it easier to get out of Menlo Park's requirement to install public art on their property.

Under a proposal being weighed by the City Council on March 30, all applicants whose projects fall under the public art law would be allowed to pay an in-lieu fee instead of installing art. Currently, those applicants qualify for the fee only if the Arts Commission rules that there is no appropriate location on their site for art.

The law requires developers of commercial, industrial and municipal projects costing at least $250,000 to pay 1 percent of construction costs to install artwork.

Under the proposal, though, in-lieu fees would be 1.5 percent to cover city costs that the applicant would have paid, such as maintaining the artwork, said Michelle Bell, business manager for the community services department. The city would use the fees to install artwork elsewhere, probably on city land.

The proposal came from the city's Arts Commission after Mayor Lee Duboc said the law should be reviewed. In effect since 2002, the law has drawn mixed responses: Some say public art improves the city, while others say the law burdens business owners.

Councilwoman Mickie Winkler said she thought 1.5 percent could be too high and "a great deterrent to businesses that want to come into our area."

Arts Commission Chair Nancy Chillag said she thought it was too soon to review the law but that the commission "tried to make some constructive recommendations" at the council's request.

Two works of art required by the law have been installed: a mural at the new Mike's Cafe on Middlefield Road near Willow Road, and a decorative bench at the 7-Eleven on Alma Street near Oak Grove Avenue.

The council meeting begins at 7 p.m. in the council chambers at 801 Laurel St.

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