Staff recommends the Council receive the presentation on the proposed City Public Art Policy and provide feedback on the policy. Staff plans to bring the policy back for approval at a regular business meeting following this Work Sesson review. 

Public art is growing in popularity in Billings. In 2023-2024, the Mobilize the MAGIC City project implemented three public art installations in Billings, with the goal of using the knowledge gained during the process to evaluate the feasibility of a public art policy/committee for the City of Billings. During the process, staff discovered there was a public art policy for the City of Billings that was not being implemented. Further, there was documentation that those involved in implementing the policy, the only time it was utilized, recommended repealing the policy due to its lack of clarity and the excessive burden of implementation. In 2023, City Council repealed the policy but directed staff to develop a replacement policy. This experience, combined with the experience during the Mobilize the MAGIC City process, showed a clear need for a public art policy for the City. 

While the Planning Division led the effort along with community partners, many staff members from across the City participated in developing this policy. Planning staff engaged department heads and other relevant staff members with a survey early in the process and then sent out drafts of the policy for review. As needed, Planning staff and community partners also held discussions with individual departments to understand their specific needs and concerns. The Parks Board, the Library, Public Works, MET Transit, the Airport, and Facilities engaged in direct conversations about the policy. Gina Dahl, City Attorney, also did an extensive review of several drafts of the policy. Staff also met with City Administrator Chris Kukulski to discuss the draft policy. After extensive internal discussions, Planning and its community partners brought the policy to the City Council's Legislative and Local Affairs Committee on January 8, 2025. The Legislative and Local Affairs Committee was comfortable enough with the draft policy that it directed staff to bring it to the larger Council for a discussion. With the 2025 Legislature in session and the work on the FY26 Budget, the policy was not able to be scheduled until tonight. In addition to these City stakeholders and national experts from the National Endowment for the Arts reviewed the policy and gave feedback. Local experts, including artists, staff from Big Sky Economic Development (BSED), the Billings Community Foundation, and more participated in discussions about the draft policy. The 30+ member Mobilize the MAGIC City advisory committee also participated in early discussions about the development of the policy. 

The clear need for a public art policy was recently demonstrated when the Billings Industrial Revitalization District (BIRD) approached City staff about placing a mural on the 21st St. underpass. There was no clear place to take this request, and staff had to attempt to come up with a process on the fly which was time-consuming for both the Public Works and Planning directors (this mural project has yet to be approved as BNSF owns the underpass structure which further adds to the complexity of the process). Additionally, the Parks Board, which is currently reviewing public art in Parks, has expressed the need for a body with experience in evaluating art to help with the art review process. 

The goal of the public art policy is to make the process straightforward for applicants while providing guidelines to protect the City. The policy will only apply to art installed on City-owned property outside. The Draft Policy only applies to physical art installations and not events. 

Process of Review
Under the proposed policy, applicants will submit an application to the Planning Division who will process the application.

• Similar to a land use application, Planning staff will invite relevant City staff to a departmental review meeting with the applicant.
• During this review meeting, staff will give feedback on the application and help the applicant make any needed adjustments.
• Art pieces will be reviewed for compliance with the public art policy as well as all other City codes, resolutions, and ordinances. While staff should document attempts to work with the applicant to bring the art piece into compliance, it may not be possible to advance all proposed art projects if they violate city, state, or federal codes, regulations, resolutions, or ordinances, or result in a safety issue that cannot be resolved.
• At this point, staff would also choose not to advance any art that takes away potential revenue sources for the City, such as advertising space on a bus. 

If the piece advances from the staff review, it will proceed to a Public Art Committee for review. The policy proposes that the Public Art Committee be composed of the following members: 

1. One artist at large.
2. One representative from the economic or community development field.
3. One representative referred by the Billings Arts Association.
4. One representative referred by the Native American Development Corporation.
5. One representative from the engineering, architecture, landscape architect, or three-dimensional art field.  
6. Two members of the public that have an interest in public art.

The Public Art Committee will review art pieces based on how well they adhere to the following principles: 

1. The project will have a positive impact in the Billings community.  
2. The project is accessible to the community and connected to its surroundings.
3. The project enhances the beauty and/or comfort of its location.
4. The project activates a place to make it more engaging.
5. The project brings people together or encourages people to gather and linger.
6. The project has artistic merit.

Additionally, the policy prohibits art that does any of the following, for which the Public Art Committee will also review: 

1. Defames, denigrates, or invades the rights of any person living or dead.
2. Could be construed as harmful to a third party, including but not limited to illegal activity or pornographic images or images depicting alcohol, tobacco or drug use or unnecessary violence.
3. Depicts living political figures
4. Depicts false, misleading, or deceptive material
5. Contains speech that is objectional under contemporary community standards as to be reasonably foreseeable that it will result in harm to, disruption of, or interference with the primary purpose of the Public Property.
6. Contains art that is demeaning, derogatory, or has an exclusionary reference to any group based on race, religion, sex, gender identity, ethnicity, ability level, national origin, or other category.
7. Promotes messages appearing to advertise or promote a product or private entity (corporation, neighborhood business, or other community organization). This is considered a sign and will be reviewed under the City of Billings sign code.
8. Images that create a driver distraction or could be confused with traffic signs.
9. Desecrates significant cultural symbols

• Additionally, if the proposed artwork includes religious subject matter, the artwork must be able to be displayed in such a manner that the work is not revered and is solely for the purpose of exhibiting cultural or historical traditions.
• If the Public Art Committee approves the art, the applicant will be able to proceed with installation at their own expense. If the art is not approved, the applicant may appeal to the City Council if desired. 
• The Public Art Committee will give a presentation at least once a year to the City Council on the art pieces approved. Their presentation will include feedback on the policy and suggest relevant updates to the policy as needed. 
• City Legal has determined that to the extent that any art is placed and displayed on Public Property, it is not intended to communicate a message to the public on behalf of any artist, individual, or entity. Therefore, any message conveyed intentionally or unintentionally by the City of Billings or inferred by the public constitutes governmental speech to which the strictures of the First Amendment do not apply.
• The policy also states that applicants must provide 10% of the implementation cost of the art piece to the city to be saved in a fund for minor repair to the art piece or removal of the art piece. If the piece is significantly damaged or becomes a threat to public safety, City staff may remove the art piece. 

Exclusions

• The airport property in its entirety is excluded from this policy due to security and federal regulations. 
• Any art within the right-of-way that involves painting, marking, or writing will comply with Resolution 21-11015. 

Adoption of a Public Art Policy for the City of Billings benefits the entire community. It provides a consistent, fair and thorough process for the City to evaluate and approve art in its outdoor public spaces. Adding art to City spaces makes the community more attractive, demonstrates an openness and interest in educating and sharing opportunities for local, state, regional and national artwork with residents and visitors.

Staff requests that the City Council provide feedback on the proposed public art policy and either: 

• Recommend staff bring the policy for approval as a consent agenda item, with or without changes
• Recommend staff bring the policy for approval as a regular agenda item, with or without changes
• Recommend staff not advance the draft public art policy

The policy's implementation and the Public Art Committee will be managed by the Neighborhood Planner. This position is already funded. While it may take staff some additional time to review public art proposals, it will be more streamlined than trying to individually figure out a process for each individual proposal. 

The requirement for the applicant to donate 10% of the art piece's budget to a fund held by the City to provide needed funds for minor maintenance and removal of art when the piece reaches the end of its useful life.