Proposal would allow more public art

Developer and attorney Lloyd Haines has proposed a bypass procedure for the city of Ashland's restrictive sign code that would allow more public art on private property.

Earlier this month, Haines and former City Attorney Mike Franell submitted a draft ordinance that would preserve the protections of the sign code.

"We think we figured out a way to resolve this whole issue," Haines said. "This would keep the sign ordinance but create an exception to the sign ordinance."

Haines made news last year when he installed murals on the underside of the Lithia Way bridge without city or Oregon Department of Transportation permission. He later had to remove the murals.

Haines said the draft ordinance would not apply to the mural project because it is about public art on private property.

Under the proposed law, a property owner and artist could temporarily or permanently donate, license or lease art to the city of Ashland. The donor would maintain and insure the art.

Haines said the law would help the city avoid problems with a Supreme Court ruling on free speech rights. The Supreme Court held that government rules must be content-neutral. A government, for example, can make rules about the size, number and placement of commercial signs, but not the content of the signs, he said.

Ashland's sign code does not dictate content, but it does restrict murals and ban three-dimensional figures of people, animals or merchandise used as signs.

Recently, Ashland artist Kevin Christman was barred from installing an angel sculpture in front of Soundpeace downtown. The Public Arts Commission also discovered that popular figures like Alfredo the Waiter outside Wiley's Pasta and Truffles the giant teddy bear in front of the Rocky Mountain Chocolate Factory are illegal. The city has not taken action against the figures.

With Haines' proposed rule change, property owners, artists or other donors would submit a proposal to donate art to the Public Arts Commission. The commission would hold a public hearing about the art and then decide whether to accept the proposal, accept it with conditions or deny it.

Ann Seltzer, city staff liaison to the Public Arts Commission, said some commissioners are concerned the proposal does not allow the public to have enough input in developing art projects.

"Under his proposal, the art is already done," she said. "At first glance, a couple of commissioners said, 'Where's the public in this process?'"

A Public Arts Master Plan the Ashland City Council adopted in January calls for development of a process where neighborhoods can request public art, participate in fund-raising and develop criteria for selecting the art. Another goal in the master plan was to seek changes to Ashland's sign code to allow more art.

Haines said his sign code exception process applies only in specific circumstances, and is not meant to replace the city's reexamination of its sign rules or to apply when the city seeks proposals for public art projects.

"This is for cases such as when a building owner wants to dress up the side of a building. We're not trying to supersede what they're doing," he said. "This is a process to get art onto private property that we turn into public art for a period of time."

Under the proposed exception process, art would still have to meet criteria such as that it be resistant to vandalism and weathering, display artistic significance and craftsmanship and not endanger the public.

Seltzer said the draft ordinance will be reviewed by the Ashland Legal Department as its workload allows.

The Public Arts Commission will likely review the ordinance at a meeting at 8:15 a.m. on Friday, Feb. 15, in the Siskiyou Room of the Community Development Department Building, 51 Winburn Way.

The City Council must approve any changes to the Ashland Municipal Code.

Staff writer Vickie Aldous can be reached at 479-8199 or vlaldous@yahoo.com. To post a comment, visit www.dailytidings.com.