MARSHALL — Last month, the Marshall City Council approved an agreement with a local artist for a proposed public art project. But additional concerns from the artist came back before the council on Tuesday.

After discussion, council members voted 4-1 in favor of approving a couple of language changes to the agreement. One change said the artist would have discretion to make creative and technical adjustments to the project, while the other extended the term of the agreement until the end of December.

Marshall City Attorney Pam Whitmore said the artist has also proposed other changes to the agreement. However, Whitmore said those additional proposed changes could pose risks for the city.

“The contract that you approved already was a fully negotiated contract that protected the city, as well as provided the artist the ability to do the project and get paid for it,” Whitmore told council members.

In September, the council had approved an artist agreement with SammyJo Miller for the proposed “Drawn To Marshall” art project. The project, which would create cutout shapes that could be mounted on a wall or other structure, had received a grant from the Southwest Minnesota Arts Council.

“We did have a request after the council’s last approval to make an amendment to the public art agreement,” said Marshall City Administrator Sharon Hanson. The amendment extended out the end date of the agreement, and added the language, “The Artist retains discretion to make creative and technical adjustments within the approved scope and budget as required by fabrication realities or professional judgment.”

Hanson said she recommended approval of those updates to the agreement.

Hanson said Miller had also recently made other requests for revisions to the agreement. Some of the proposed revisions in Tuesday’s city council agenda packet included language preventing the city from moving or altering the artworks without consulting the artist, and preventing the city from terminating or replacing the artist without notice.

Whitmore said the language limiting moving or altering the artwork “would really put us in a corner” if the art ever needed maintenance or repair. Previously, when one of Marshall’s downtown murals needed repairs, the city had difficulty finding the artist for permission to do so, she said.

Council member James Lozinski said he had difficulty with the idea of changing the artist’s agreement after the council had already approved it.

“I think we as a council should stick to the agreement that we have made,” he said. “I think that’s what we need to stick with – what was negotiated.”

The Council voted 4-1 in favor of approving the two changes city staff recommended, with Lozinski casting the vote against. The council took no action on the additional proposed changes discussed at the meeting.