HomeMy WebLinkAbout2016-1003 Study Session PACKET
CITY OF
ASHLAND
CITY COUNCIL STUDY SESSION
AGENDA
Monday, October 3, 2016
Siskiyou Room, 51 Winburn Way
5: 30 p.m. Study Session
1. Public Input (15 minutes maximum)
2. Look Ahead review
3. Discussion of custom questions to include in the Citizen Survey
4. Presentation regarding PAC mural guidelines
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014,
CHARTER CABLE WILL BROADCAST MEETINGS ON CHANNEL 180 OR 181.
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
CITY OF
ASHLAND
Council Communication
October 3, 2016, Study Session
Review of the Mural Guidelines and Process of the Public Art Commission
FROM:
Ann Seltzer, management analyst, seltzera@ashland.or.us
SUMMARY
This is a Council review and discussion of the Public Art Mural Packet Guidelines and Process
developed by the Public Art Commission. The guidelines were developed by the PAC to spell out the
process for implementing AMC 2.29, which addresses the acceptance of art into the City's public art
collection.
BACKGROUND AND POLICY IMPLICATIONS:
The Ashland Municipal Code prohibits exterior wall graphics (murals) unless approved through the
public art process.
AMC 2.29.170 (Public Art Commission) reads "The Commission shall have the ability to establish
further guidelines concerning its operations..." AMC 2.29 also addresses public art on private
property, donations of public art, acquisition of public art, selection guidelines for public art, site
guidelines for public art, acceptance of public art into the city's public art collection and more.
In 2013, the Public Art Commission drafted the Public Art Mural Packet Guidelines and Process to
assist mural applicants and property owners who wish to execute and install an exterior mural. Over
the past several months the PAC has refined the mural packet to clarify questions that have surfaced
about the guidelines and the process. The PAC will continue to refine the document as needed.
The guidelines are written to reflect the expectations and to meet the requirements of AMC 2.29 and to
provide the applicant with the information needed to develop a mural proposal prior to meeting with
the PAC. In addition, the guidelines provide the PAC with a process to follow as it works with the
applicant throughout the execution of the mural. The overall objective is to ensure the executed mural
enhances the site and requires minimal maintenance.
The City Council requested the opportunity to review the document at an earlier meeting.
COUNCIL GOALS SUPPORTED:
14. Encourage and/or develop public spaces that build community and promote interaction.
FISCAL IMPLICATIONS:
None
Page 1 of 2
m`
CITY OF
ASHLAND
STAFF RECOMMENDATION AND REQUESTED ACTION:
This item is on the agenda for discussion only and direction to the PAC.
SUGGESTED MOTION:
N/A
ATTACHMENTS:
1. Public Art Mural Packet Guidelines and Process
2. AMC 2.29
Page 2 of 2
CITY OF
ASHLAND
Public Art Mural Packet
October 2016
Thank you for your interest in the process for executing exterior murals on public or private
property in within the City of Ashland. The attached documents are intended to assist applicants
through the approval and installation process.
■ Guidelines and Process for executing/installing an exterior mural in the City of
Ashland
■ Public Art Mural Application
■ Art Agreement between City of Ashland and Property Owner
Mural Guidelines and Process Page 1
CITY OF
ASHLAND
Public Art Murals
Guidelines and Process
October 2016
The Ashland Municipal Code requires that exterior murals must be approved by the Public Art
Commission (PAC) whose role is to ensure that each project aesthetically enhances its location
and surroundings. The costs associated with developing and executing/installing a mural are the
responsibility of the applicant and/or property owner of the wall where the proposed mural will
be installed.
To simplify this document, the word `mural ' refers to artwork that is painted on an exterior wall
and other works of art affixed to an exterior wall.
Overview
■ The approval process for executing/installing murals on public or private property within
the city of Ashland is administered by the City of Ashland staff liaison to the Public Art
Commission.
■ Applicants without professional mural experience may apply but should partner with a
professional muralist.
■ Applicant must provide a budget for the project and if the project is approved funding
must be in place before work can begin.
■ Proposed murals are reviewed by the PAC, by the Historic Commission if required, and if
recommended by the PAC, approved by the City Council.
■ Murals shall not be proposed for installation on building facades with a public entrance.
■ Mural shall not be proposed for installation on an unpainted facade surface (natural brick,
stone) of a historic building.
■ All property owners must sign an Art Agreement to be included with the Public Art
Mural application agreeing to transfer ownership of the mural to the City pending
approval of the proposed mural by the City Council.
■ All murals approved through this process become part of the City's public art collection
for as long as the Art Agreement remains in effect.
■ The number of murals per block may be limited.
Mural Guidelines and Process Page 2
■ All applicants are required to meet with the staff liaison at least one month prior to
submitting an application. To schedule an appointment contact Ann Seltzer at 541-552-
2106 or seltzera c ashland.or.us.
Criteria for Approval of Wall Murals
The mural should be a professionally designed, original work of exceptional quality with
consideration of the following criteria:
■ Work that is of enduring value for including in the City's public art collection.
■ Visual imagery that enhances the aesthetic experience within the City and the character
and nature of the site.
■ Visual imagery that is appropriate for all audiences (not reflecting partisan politics or
containing sexual or religious content or expressing a commercial aspect, etc.).
■ Artwork that is appropriately designed for all view points to the mural (by pedestrians,
from moving vehicles, seated audiences, etc.).
■ Artwork that is appropriately sited for directional exposure to minimize fading of colors.
■ Suitability of the wall surface to receive all materials that are to be used to execute the
mural including the wall preparation material.
■ Work that is appropriate in scale to the building and to the site.
■ All installation and technical issues.
Mural Design Application
Applicants (artist, property owner, etc.) intending to execute/install a mural on an exterior wall
that is visible from a public-right-of-way and within the boundaries of the City of Ashland must
apply for approval through the following process. Applicant shall:
a. Schedule an appointment and meet with the staff liaison to the PAC for an informational
overview of the process and initial review of the proposed project.
b. Complete and submit a Public Art Mural application.
c. Submit a signed Art Agreement from the property owner.
d. Prepare a mural presentation package as described in Mural Design Presentation and
Review.
e. Schedule an appointment for PAC review of mural package at a public Commission
meeting.
f. Submit a complete Mural Presentation package to staff 10 days prior to PAC review.
Only packages that are totally complete will be accepted for review.
Mural Design Presentation and Review
The proposed mural application will be presented to the Public Art Commission at their monthly
public meeting. Neighboring property owners will be notified of the meeting
Mural Guidelines and Process Page 3
Initial PAC Presentation Meeting
Presentation materials for the initial meeting must include:
a. Photos of the proposed location of the mural including all wall features and features
immediately adjacent to the proposed mural site; complete wall measurements.
b. Professional portfolio of the lead artist's mural work including examples of the artist's
demonstrated ability from prior projects to carry out the project as designed.
c. Scaled, color drawing (1 l" h. x 17" w.) that adequately illustrates the proposed mural
including actual color, finishes and materials samples with their locations designated on
the mural drawing,
d. Verbal explanation of imagery concept including:
• how the artwork enhances the existing character of the site through scale, color,
material, texture, and content,
• how the mural considers the social dynamics of the location, .and
• how the artwork considers the historical, geographical and cultural features of the
site as well as its relationship to existing architecture and landscaping.
e. Statement regarding the durability of the artwork and its potential to require ongoing
maintenance.
f. Art Agreement signed by the property owner.
Preliminary Design Approval
Generally, the PAC review and preliminary approval for the applicant to move forward with the
proposed mural concept occurs at the regularly scheduled monthly PAC meeting following the
applicant's initial presentation. Staff will notify the applicant of the Commission's decision and
if necessary, schedule a date for the second design meeting.
Second PAC Presentation Meeting
Following preliminary approval of the mural concept, the applicant may be asked to attend a
second meeting to present the following:
■ The approved 11" h. x 17" w. color elevation drawn and gridded to scale to illustrate how
the mural concept will be translated to the site wall.
■ Any additional information requested by the PAC.
Murals on Historic Buildings
Murals proposed for installation on the exterior of structures listed on the National Register of
Historic Places or to a contributing property within a Historic District on the National Register of
Historic Places will be forwarded to the Historic Commission for review.
The Historic Commission will review the proposal using criteria standards stated in AMC
18.42.2 building placement, orientation, and design and provide their comments to the City
Council and to the Public Art Commission.
Mural Guidelines and Process Page 4
Desi,an Approval by City Council
■ Following final design approval by the PAC and review by the Historic Commission if
required, the Commission will forward the mural concept to the City Council for
approval.
■ Once final approval is granted by the City Council, the applicant must:
a. Provide staff with the installation schedule. Applicant will be responsible for
implementing all safety requirements per direction from staff (if work is occurring
within the public right of way).
b. Provide a $500 deposit to the City, if required. This deposit is held in reserve until the
completed mural receives final installation approval by the PAC.
c. Enter into a contract between the applicant and the City of Ashland.
Review of Protect during Installation
■ The PAC will review the project three separate times during the mural installation. The
applicant must notify staff at the end of each of the following steps:
a. After the wall is prepped and ready for application. At this step, the PAC will also
review paint colors and medium as well as other materials to be applied to the wall to
ensure they are the same colors and materials approved during the review process and
the medium is appropriate and durable.
b. Halfway through the application process for review of compliance with the drawings,
materials and finishes.
c. Within seven days of completion.
■ Following the third review, the PAC will determine if the completed mural is in
compliance with the approved documents, drawings, materials and finishes. Note: If the
PAC finds that there are areas of the mural that are not rendered according to the
approved design documents, the PAC may request the applicant adjust the mural to
comply with the approved design. The PAC also recognizes that an artist may wish to
make minor changes during the process that deviate fYom the approved concept but that
enhance the overall project. The PAC and artist will agree on any changes to the
approved design drawing.
■ Once the PAC and applicant are satisfied that the mural is complete, the mural must be
coated with a clear UV protestant paint to protect the mural from graffiti and ultra violet
rays.
■ The PAC will vote to accept the mural into the City's public art collection and forward
their recommendation to the City Council for approval.
Other Thinl4s to Know
■ The City will contract with the applicant for the execution/installation of the mural.
Mural Guidelines and Process Page 5
■ The contract will require the applicant to submit proof of liability insurance.
■ The Art Agreement will be in place for a period of five years. At the expiration of the
five years, the Art Agreement may be terminated or extended by either party upon 30 day
written notice.
■ The City retains the right to remove the mural if the mural is not executed according to
the approved concept documents.
■ The City is responsible for the maintenance of'the mural during the existence of the Art
Agreement.
Mural Guidelines and Process Page 6
CITY OF
ASHLAND
Public Art Commission
Mural Application
Applicant (City contracts with)
Applicant Name:
Applicant phone and email:
Applicant Address Line 1:
City: State: Zip:
Lead Artist
Artist Name:
Artist phone and email:
Artist's Address Line 1:
Artist's Mailing Address (if different):
City: State: Zip:
Artist website:
Proposed Mural Building
Name of Property Owner of proposed mural building (if different from applicant):
Owner phone and email:
Proposed Mural Building Street Address:
Property Owner mailing address:
City: State: Zip:
Mural Application Page 1
Dimensions of proposed mural wall:
Has the owner given permission for a mural to be painted on the proposed wall and is the owner
willing to enter into an Agreement with the City?
The wall is:
brick cinderblock stucco wood other
Questions
1. Please describe the project, the specific location of the mural and why a mural will
enhance the area.
2. Can the wall be seen from the public right of way (e.g. sidewalk, alley, street etc.)?
3. Describe the process you used to select a professional mural artist?
4. Describe the theme/image you envision for this mural if known at this time.
5. Why do you want a mural at this location? How will the mural benefit the
neighborhood? Community?
6. Please attached a detailed budget for the project. What funding do you have for the
project?
7. Describe the ground in front of the wall (condition, debris etc.) and surrounding features.
Mural Application Page 2
CITY OF
ASHLAND
Public Art Mural Agreement
The Agreement is between (Grantor property owner) and the City of
Ashland (City).
RECITALS
1. The City has adopted a process for the placement of public art murals (Mural) on public and
private buildings throughout Ashland.
2. The Grantor owns the real property situated at (physical address)
and is willing to make an exterior wall (Wall) available for a public art mural.
3. The mural becomes the property of the City of Ashland and may be removed by either party after
a period of five years.
The parties agree as follows:
The Grantor grants the City permission to install, maintain and remove the Mural on and from the Wall
with the design approved by the Public Art Commission with final approval of the City Council.
The Grantor will indemnify and hold the City harmless from any and all claims, including the cost of
defending claims relating to the painting, installation, maintenance and removal of the Mural.
This agreement is in effect for five years. After five years, this agreement may be terminated by either
party upon 30 days written notice to the other party. Upon termination, the Wall will be restored to its
prior condition at the expense of the party who initiated the termination.
The City is responsible for the maintenance and if necessary repair of the Mural during the life of the
agreement. The City shall have the right to access the Mural and the Wall for maintenance purposes. The
City may remove the Mural, if in the sole judgement of the City, the Mural is being excessively damaged.
In the event of any dispute in any manner relating to this agreement, the parties shall submit the dispute to
be resolved by binding arbitration. The arbitration award shall be final and binding on the parties on the
parties in the same manner as the final judgment of a court.
City of Ashland, OR
Name and Title: Date:
Grantor
Name: Mailing Address:
Phone: Email Address:
Date:
Mural Application Page 3
CITY OF
ASHLAND
Public Art Mural Agreement
The Agreement is between (Property Owner) and the City of Ashland (City).
RECITALS
1. The City has adopted a process for the placement of public art murals (Mural) on public and
private buildings throughout Ashland.
2. The Property Owner owns the real property situated at (physical
address) and is willing to make an exterior wall (Wall) available for a public art mural.
3. After final approval by the PAC of the installed mural, it becomes the property of the City of
Ashland and may be removed by either party after a period of five years.
The parties agree as follows:
This agreement is in effect for five years. After five years, this agreement may be terminated by either
party upon 30 days written notice to the other party. Upon termination, the Wall will be restored to its
prior condition at the expense of the party who initiated the termination.
The City is responsible for the maintenance and if necessary repair of the Mural during the life of the
agreement. The City shall have the right to access the Mural and the Wall for maintenance purposes. The
City may remove the Mural, if in the sole judgement of the City, the Mural cannot be maintained.
In the event of any dispute in any manner relating to this agreement, the parties shall submit the dispute to
be resolved by binding arbitration. The arbitration award shall be final and binding on the parties on the
parties in the same manner as the final judgment of a court.
City of Ashland, OR
Name and Title:
Date:
Property Owner
Name: Mailing Address:
Phone: Email Address:
Date:
Public Art Mural Agreement
Ashland Municipal Code
2.29 Public Art
2.29.005 Definitions
A. "Acquisition" means the inclusion of an artwork in the Ashland Public Art Collection by any
means including direct purchase, commission or acceptance of a gift.
B. "Artwork" means visual works of public art as defined herein.
C. "Ashland Public Art Collection" means all public art acquired by the City by any means.
D. "Capital improvement program (CIP)" means the city's program for advance planning of
capital improvements.
E. "City project" or "project" means any capital improvement project in an amount over $25,000
paid for wholly or in part by the city of Ashland to purchase or construct any public building,
decorative or commemorative public structure, sidewalk, or multi-use pathway construction,
park facility construction, or any portion thereof, within the limits of the city of Ashland. "City
project" or "project" does not include public utility improvements, (e.g. electric, water, sewer, or
stormwater), LID improvements, including but not limited to streets, sidewalks and associated
improvements, property acquisition, earth work, emergency work, minor alterations,
rehabilitation, minor or partial replacement, remodeling or ordinary repair or maintenance
necessary to preserve a facility. Notwithstanding the above limitation, the Council or responsible
contracting officer may include any new city street or utility project (limited to water, sewer and
storm water projects) in an amount over $25,000 as a city project under this article, by either
vote of the Council or inclusion in the contract solicitation documents prepared by the
responsible contracting officer.
F. "Commission" means the Ashland Public Arts Commission created by AMC 2.17.010,
consisting of seven members appointed by the mayor and confirmed by the Council.
G. "Eligible funds" means a source of funds for projects from which art is not precluded as an
object of expenditure.
H. "Participating department" means the department that is subject to this article by its
sponsorship of a city project.
1. "Percent for art" means the program established by this article to set aside a percentage of the
total cost of city projects for public art.
1
AMC 2.29
J. "Public art" means all forms of original works of art in any media that has been planned and
executed with the specified intention of being sited or staged on City Property or on property
owned or controlled by the City of Ashland, usually outside and accessible to the public.
K. "Public art account" means the city of Ashland public art account in the city budget
established by this article into which all moneys donated, appropriated or derived pursuant to the
percent for art program shall be deposited. Funds within the public art account shall be utilized
for the purposes outlined in this article.
L. "Removal" means the exclusion of an artwork from the Ashland public art collection by the
removal and disposal through any available means, such as relinquishing title through sale, gift
or destruction.
M. "Selection Panel" means a group of individuals selected by the Commission that will evaluate
the proposals associated with a particular project in a public meeting.
N. "TOT Funds" means the portion of transient occupancy tax funds allocated for public art.
0. "Commercial Development Fee" means funds deposited by a commercial developer into the
Public Art account when the developer prefers not to incorporate public art into the project and
follow the public art process for art acquisition and approval.
P. "Total cost" means the entire amount of the city's financial contribution toward construction
and maintenance of a project.
(Ord 3003, 2010)
2.29.100 Process for acquiring public art
A. General. The Public Art Commission will call for entries by issuing a request for proposal, a
request for qualification or by invitation. The call for entries will include specific guidelines and
criteria for the specific project. Every call for entry must comply with the City's public
contracting rules.
1. Acquisition. Acquisition of public art will generally result from:
a. The commissioning or purchasing of a work of public art by the city using city funds or
donated funds, in accordance with public contracting laws and AMC Chapter 2.50; or
b. An offer made to the city to accept a work of public art as a gift, donation, or loan.
2. Removal. Removal of public art may be by request or owing to some damage or destruction of
the artwork.
2
AMC 229
B. Selection Panel. A selection panel, separate from the Public Art Commission, consisting of art
professionals and enthusiasts, residents near the proposed site, community members, and city
administrators will be chosen to evaluate the proposals received from artists. A different
selection panel shall be chosen for each project by the Commission after the following
notifications have been made:
1. An ad is placed in a newspaper of general circulation in the city,
2. Postcards are sent out to all property owners located within 300 feet of the proposed site, and
3. A notice is placed on the city's website.
The Commission shall pick the Selection Panel by examining applications received from
interested parties.
C. Evaluation of Acquisition Proposals. Proposals which meet the minimum requirements set
forth in the call for entries will be given to the Selection Panel for review. The proposals for
acquisition shall be evaluated based upon criteria set forth in the call for entries at a public
meeting. The Selection Panel will evaluate the proposals and make a recommendation to the
Public Art Commission regarding which proposals to accept. The Commission shall forward that
recommendation to the City Council for final selection. This ordinance does not exclude land use
approval processes when required for the use or structure.
D. Removal and Disposal Process. Except as provided in AMC 2.29.140(B), neither the Council
nor the Commission is bound to follow any particular process for removal and disposal of art in
the Ashland Public Art Collection.
(Ord 3003, 2010)
2.29.110 Review process for gifts or donations
The Commission may solicit gifts and bequests of public art or funds to benefit the Ashland
Public Art Collection. The Council shall decide whether to accept all such gifts of art work on
behalf of the city and the Ashland Public Art Collection on its own motion or upon a
recommendation by the Commission based on its own evaluation, or by recommendation of the
Commission after the Selection Panel has evaluated the artwork using the guidelines in AMC
2.29.130 and the total cost over the life of the artwork.
All art works or funds shall be administered by the city in accordance with its terms. Funds
donated to the Commission shall be placed in a special account to be used exclusively for the
purposes of the Commission or as designated by the donor. Funds in this account may only be
expended after they have been properly budgeted or approved by the city.
3
AMC 2.29
(Ord 3003, 2010)
2.29.120 Public Art on Private Property
Before public art can be placed on private property the Commission shall determine whether the
site is appropriate for public art under the Site Selection criteria in AMC 2.29.130. If the site is
found to be appropriate for public art, the City shall secure authorization to use and access the
private property where the public art will be located before the acquisition process for public art
is initiated. There shall be a written agreement or legal instrument, granting the City permission
and control of the property so that the property can be used for public art purposes, including
access for installation, maintenance and removal of the artwork. Public art can then be acquired
for placement on private property by following the process for:
A. Acquisition in AMC 2.29.100, or
B. Gifts and donations in AMC 2.29.110.
(Ord 3003, 2010)
2.29.130 Guidelines for recommendation by the Commission
A. Selection Guidelines for Works of Public Art.
1. Quality. The artwork should be of exceptional quality and enduring value.
2. Site. The artwork should enhance the existing character of the site by taking into account
scale, color, material, texture, content, and the social dynamics of the location.
3. History and Context. The artwork should consider the historical, geographical, and cultural
features of the site, as well as the relationship to the existing architecture and landscaping of the
site.
4. Initial Cost. The total cost of the artwork, including all items related to its installation, should
be considered.
5. Maintenance and Durability. The durability and cost to maintain the artwork should be
considered and quantified, particularly if the work is servicing, repainting, repairing or
replacement of moving parts.
6. Permanence. Both temporary and permanent art works shall be considered.
4
AMC 229
7. Media. All forms of visual media shall be considered, subject to any requirements set forth by
city ordinance.
8. Public Liability. The artwork should not result in safety hazards, nor cause extraordinary
liability to the city.
9. Diversity. The artwork in the Ashland Public Art Collection should encourage cultural
diversity.
10. Commercial Aspect. The artwork shall not promote goods or services of adjacent or nearby
businesses.
11. Compliance. Artworks shall not violate any federal, state, or local laws, including
specifically AMC Chapter 18.96.
B. Guidelines for Site Selection.
1. Ownership or Control. Public art should be placed on a site owned or controlled by the city, or
there should be a written agreement or legal instrument, granting the City permission to use the
property for public art purposes, including access for installation, maintenance and removal.
2. Visual Accessibility. Public art should be easily visible and accessible to the public.
3. Visual Enhancement. Public art should visually enhance the overall public environment and
pedestrian streetscape.
4. Pedestrian Accessibility. Public art should experience high levels of pedestrian traffic and be
part of the city's circulation paths.
5. Circulation. Public art should not block windows, entranceways, roadways or obstruct normal
pedestrian circulation or vehicle traffic.
6. Scale. Public art should not be placed in a site where it is overwhelmed or competing with the
scale of the site, adjacent architecture, large signage, billboards, etc.
(Ord 3003, 2010)
2.29.140 Standards for the Ashland Public Art Collection
A. Acquisitions. The following minimum standards and criteria shall apply to the acquisition of
artworks.
1. Artworks may be acquired by direct purchase, commission, gift or any other means.
5
AMC 2.29
2. Acquisition, whether by direct purchase, commission, gift, or otherwise, shall occur by a legal
instrument of conveyance or other writing transferring title of the artwork to the City and clearly
defining the rights and responsibilities of all parties.
3. The city shall obtain the rights of ownership and possession without legal or ethical
restrictions on the future use of the artwork upon final acceptance of the artwork, except where
expressly provided in the contract with the artist. The artists shall retain all rights and interests in
the artwork except for the rights of ownership and possession.
4. The City shall only acquire artworks if: 1) the artist warrants that he will not make a duplicate
of the artwork, or permit others to do so, without written permission by the City, and 2) the artist
gives permission to the City to make a two-dimensional reproductions as long as all such
reproductions provide the copyright symbol, name of the artist, title of the artwork, and the date
of completion.
5. Complete records, including contracts with artists, shall be created and maintained for all
artworks in the Ashland Public Art Collection.
B. Removal.
1. The Commission may recommend removal and/or disposal based on one or more of the
following conditions. No public hearing is required for a removal recommendation.
a. The site for an artwork has become inappropriate because the site is no longer accessible to the
public or the physical site is to be destroyed or significantly altered.
b. The artwork is found to be forged or counterfeit.
c. The artwork possesses substantial demonstrated faults of design or workmanship.
d. The artwork causes excessive or unreasonable maintenance.
e. The artwork is damaged irreparably, or so severely that repair is impractical.
f. The artwork presents a physical threat to public safety.
g. The artwork is rarely displayed.
h. A written request for removal has been received from the artist.
2. Council Removal Process.
6
AMC 2.29
a. On its own motion, or following receipt of a recommendation from the Commission the
Council may remove and dispose of any artwork previously accepted into the Ashland Public Art
Collection in their sole discretion.
b. Acceptance or placement of donated art by the city does not guarantee continuous public
display of the artwork regardless of physical integrity, identity, authenticity, or physical
condition of the site.
c. Removal officially deletes the work from the city of Ashland Public Art Collection by a
relinquishment of title to the artwork; thus, eliminating the city' s obligation to maintain and
preserve the artwork.
d. Notwithstanding the above, Artwork shall be disposed of in accordance with any specific
terms for removal and disposal set forth in the contract with the Artist.
3. Removal and Disposal.
a. The city may donate the artwork to another governmental entity or a nonprofit organization.
b. A work that is deemed to have retained sufficient monetary value to warrant resale, shall be
disposed of through a public sale, auction, or any other means as established by city ordinance.
c. Artworks removed from the Ashland Public Art Collection may be disposed of through any
appropriate means, including the city's procedures for the disposition of surplus property.
C. Borrowing of Artworks.
1. The Commission may also recommend artworks be borrowed.
2. With the exception of ownership, the eligibility, review criteria, and procedure for borrowed
works shall be the same as those established in this article for acquisition.
3. The borrowing of artworks shall be pursuant to written agreement between the city and the
artist.
4. Nothing herein prohibits the city from securing other works of art or art exhibitions for display
inside its facilities.
(Ord 3003, 2010)
2.29.150 Maintenance of the Ashland Public Art Collection
7
AMC 2.29
A. Except where expressly provided in a contract or warranty for public art the city shall be
responsible for all maintenance of all artworks in the Ashland Public Art Collection.
B. Within the limitation of the city budget the city shall provide necessary and appropriate
maintenance of the Ashland Public Art Collection, including, but not limited to, regular custodial
care and landscape maintenance. Maintenance shall be performed in accordance with any special
instructions or procedures necessary for the preservation of the work.
C. Any evidence of damage, deterioration, vandalism or theft of artworks in the Ashland Public
Art Collection shall be immediately reported to the appropriate City Department. City staff shall
keep the Commission and Council informed of damage to City property.
(Ord 3003, 2010)
2.29.160 Parks Commission
The standards and procedures in this article are in addition to, not in derogation of, the Ashland
parks commission review responsibilities for projects proposed in city parks. Nothing herein
exempts public art projects from compliance with all applicable federal, state, and local laws
including, but not limited to, land development regulations and building code compliance.
(Ord 3003, 2010)
2.29.170 Development of guidelines
The Commission shall have the ability to establish further guidelines concerning its operations;
however, only the criteria and processes of this ordinance will be legally binding.
(Ord 3003, 2010)
2.29.180 Creation, funding and use of Ashland public art account
A. Establishment. The Council hereby establishes a separate account entitled the Ashland public
art account to be reflected in the city budget. All funds donated, appropriated or generated for the
purpose of public art acquisition and education shall be deposited in this account and used solely
for such purposes, in accordance with this article and other applicable law. Funds generated
pursuant to the Commercial Development Fee in lieu established in Chapter 18, as well as the
Transient Occupancy Tax Resolution authorized in Chapter 4.24, and the Percent for Art
dedication in this section shall all be deposited into the Ashland Public Art Account.
B. Permitted Purposes of Public Art Account. The public art account shall be used solely for the
acquisition, placement, maintenance, and removal of artworks for inclusion in the Ashland
8
AMC 2.29
Public Art Collection and for art education purposes, such as community outreach presentations
and workshops, in accordance with the provisions of this article and other applicable law.
C. Requirement for Dedication of a Percent for Art. Any city official or employee who
authorizes or appropriates expenditures on behalf of a participating department for a city project
shall, to the degree that there are eligible funds, include within the budget for the project a
monetary contribution for the public art account equal to one-half percent (0.5%) of the total cost
of the project.
1. One-half percent (0.5%) of the total cost of a qualifying city project shall be dedicated to the
public art account. Such funds shall be deposited into the public art account by the city official or
employee acting on behalf of the participating department no earlier than the time that budgeted
funds are encumbered for construction of the city project and no later than final inspection of the
completed city project.
2. The participating department shall consider the siting of public art as part of the design and
engineering phase of any city project. If costs are incurred by the participating department to
comply with this article requirement prior to transfer of the one-half percent (.5%) dedication for
the city project to the public art account, the participating department may deduct such costs (not
to exceed one-half percent) from the one-half percent (.5%) dedication at the time such funds are
transferred.
D. Restricted Funds. If funding for a particular city project is subject to legal restrictions that
preclude public art as an object for expenditure, the portion of the city project that is funded with
the restricted funds shall be exempt from the dedication requirements of this article.
E. Phased Projects. As a general rule, where a city project will be constructed in phases, the one-
half percent (0.5%) dedication shall be applied to the estimated total cost of each phase of the
city project at the time that funds for the phase are appropriated and encumbered. However,
nothing in this section prevents the Council from deciding to hold or set aside all or part of the
entire dedication from the funds of a particular phase, as the Council deems appropriate. In
determining when to hold or set aside the funds for a phased project, the city will consider an
overall public art plan for the project to ensure that art is not located on a piecemeal basis with
phase construction.
F. Monetary contributions for public art shall be deposited in separate accounts within the public
art account if separate accounting is deemed appropriate by the Administrative Services Director
(Finance) or is required by law.
G. Monetary contributions or appropriations made other than through the percent for art program
shall be deposited in the public art account and may be dedicated to or earmarked for a specific
education program or work of art, subject to acceptance by the Council.
9
AMC 2.29
H. Disbursements from the public art account shall be made only after authorization of the City
Administrator or the Administrative Services Director (Finance), and shall be made according to
this article and other applicable city ordinances, including but not limited to the public
contracting code (AMC Chapter 2.50).
L The Council may adopt by resolution case specific waivers or guidelines for administration of
the percent for art program, including case-by-case waivers of the required dedication set forth
herein based on the availability of public funds, as well as any other matters not specifically
addressed herein and appropriate or necessary to the administration of the program.
(Ord 3003, 2010)
10
AMC 129
City of Ashland Council Meeting Look Ahead
*****THIS IS A DRAFT AND SUBJECT TO CHANGE*****
Departments SS cc SS cc SS cc SS CC SS cc SS cc SS CC SOTC
Responsible 10117 10118 10131 1111 11/14 11115 1216 1216 12119 12120 112 113 1/16 1117 1124
- - -
1017 Stud Session in Siski ou Room 10/17
1 ORW presentation on city hall options Mike PW SS
10118 Regular Council Meeting 10/18
2 Annual presentation b the Public Art Commission Ann Admin PRES
3 Presentation regarding new storm drain requirements Mike PW PRES
4 Resolution approving use of Pioneer Hall for Winter Shelter Dave Admin CONS
Discussion of proposed changes to AMC chapter 18 Site Design Admin
5 Review and additions to chapter 2.24 Historic Commission and to NEW
chapter 2.29 Public Art Commission Ann
6 Ordinance Repealing and Replacing AMC Chapter 6.40 by Adoption of Fire ORD-1 ORD-2
State and Count Regulations
10131 Stud Session in Siski ou Room 101,31
7 Electric cost of service stud Mark Electric SS
11/1 Regular Council Meeting 1111
s Resolution establishing new SDC rates Mike PW RES
9 Ordinance Repealing and Replacing AMC Chapter 6.40 by Adoption of Fire
ORD 2
State and Count Regulations
11114 Stud Session in Siski ou Room 11114
10 Jackson County Vector Control concerns (request of Councilor Voisin) Admin SS
11/14 Executive Session immediate) following Stud Session 11/14
11 Performance Evaluation of a Public Officer persuant to ORS 190.660 Admin/ HR EXEC
12`(1' (Mayor Stromber
11115 Regular Council Meeting 11115
12 Annual presentation by Housing and Human Services Commission Com Dev PRES
Bill
13 Acceptance of the CAFR Bev Finance NEW
14 First reading of an ordinance regarding water use outside city limits Legal ORD-1 ORD-2
David
1215 Stud Session in Siski ou Room 1215
1216 Regular Council Meeting 1216
15 Annual presentation b the Planning Commission Bill Com Dev PRES
16 A roval of a reso for reimbursement of Crowson II Project Bev Finance CONS
17 Appointment of Council Liaison and member at large - Audit Committee Recorder NEW
Barbara
18 A ointment of Citizen Budget member Barbara Recorder NEW
19 Resolution re- reimbursement of water treatment debt Dave Admin RES
20 First reading of an ordinance regarding water use outside city limits Legal
ORD-2
I(David)
12119 Stud Session in Siski ou Room 12119
21 Discussion of construction excise tax (request of Councilor Marsh Admin SS
12/20 Regular Council Meeting 12120
Page 1 of 2 9129/2016
City of Ashland Council Meeting Look Ahead
*****THIS IS A DRAFT AND SUBJECT TO CHANGE*****
Departments Responsible 10117 10/18 10/31 11/1 11114 111115 1215 1216 12119 12120 112 113 1/16 1117 1124
1/2 Stud Session canceled due to New Years Holiday 1/2
113 Regular Council Meeting 1/3
22 Swearing in of city council members Barbara Recorder SWRG
23 Proclamation re arin Christmas Tree-cycle Da Diana Admin PROC
1116 Stud Session canceled due to MLK, Jr. Da 1i16
1117 Regular Council Meeting 1117
- -
11 p.m. 1/24
FF
Commission Presentation Dates - 2016
February 16 - Transportation Commission
March 15 - Tree Commission
April 19 - Historic Commission
May 17 - Wildfire Mitigation Commission
June 7 - Band Board
Jul 19 - Forest Lands Commission
August 16 - Conservation Commission
September 20 - Airport Commission
October 18 - Public Arts Commission
November 15 - Housing and Human Services Commission
December 6 - Planning Commission
Discussion of Class & Compensation stud (request of Councilor Voisin
Discussion of raising the temperature threshold for declaration of extreme weather
emergency shelter (request of Councilor Voisin
Discussion of potential solutions to deer problems (request of Councilor Seffin er
Discussion regarding the seismic code
Update on internal controls policy
Page 2 of 2 9/2912016
CITY OF
^ASHLAND
Council Communication
October 3, 2016, Study Session
Custom Questions to include in Citizen Survey
FROM:
Ann Seltzer, management analyst, seltzera@ashland.or.us
SUMMARY
Staff seeks direction on the custom questions the Council wants to include in the upcoming citizen
survey. The survey will be conducted this fall and the results will be reported in January.
BACKGROUND AND POLICY IMPLICATIONS:
The City conducts a bi-annual citizen survey using the National Citizen Survey developed by the
National Research Center, Inc. (NRC) and ICMA (International City/County Managers Association).
The survey provides a statistically valid reading on how Ashland citizens feel about their community
and the services provided by local government. The survey is conducted by mail, with questionnaires
sent to 1,500 households. The last time the City conducted this survey there was a 32% response rate.
The City may include one open ended question and three custom questions on the survey. Councilors
Rosenthal, Seffinger and Marsh have expressed interest in specific custom question topics (see
attached) and staff has developed suggested questions for Council consideration.
Given the tight timeline, the City must submit the questions to NRC on Tuesday, October 4. The
survey will be finalized the week of October 12 and mailed the week of October 26. Results of
previous surveys can be found here: www.ashland.or.us/citizensurvey
COUNCIL GOALS SUPPORTED:
Promote effective citizen communication and engagement.
FISCAL IMPLICATIONS:
The cost for the citizen survey is $17,370 and is in the current budget.
STAFF RECOMMENDATION AND REQUESTED ACTION:
This item is for discussion and direction to staff.
SUGGESTED MOTION:
N/A
ATTACHMENTS:
1. Rosenthal, Marsh, Seffinger custom question topics
2. Staff generated custom questions
3. 2014 citizen survey (custom questions are on page 4)
Page 1 of 1
~r
Ann Seltzer
NOMMMMINEMEMENOMM
From: Stefani Seffinger
Sent: Thursday, September 08, 2016 8:46 AM
To: Dave Kanner
Subject: Re: Custom questions for citizen survey
Possible questions
1.Does aggressive panhandling keep you from visiting downtown areas?
2. does aggressive language and panhandling make it less likely that you would bring your children to a downtown area
if there are transients exhibiting this behavior?
3. DO you think it is a cities' responsibility to provide food and shelter for transient populations?lf so what % of your
taxes would you contribute to this ?
4. DO you prefer to eat in smoking or nonsmoking restaurants ?
5. Are you concerned about the environmental and health hazards of smoking and if so
Do you think smoking should be limited in downtown areas?
6. DO you think aggressive panhandling and behavior has a negative impact on a cities economy ?
7. DO you think that restaurants and downtown businesses are important to Ashland's economy?
A few ideas Stef
Sent from my Wad
On Sep 8, 2016, at 1:22 AM, Dave Kanner <dave.kanner@ashland.or.us> wrote:
Councilors:
As I mentioned last night, we have an opportunity to add three custom questions to the
National Citizen Survey we'll conduct this winter. Please start giving some thought to questions
that you might want to ask. I will also solicit input from the leadership team. If you would,
please forward your ideas to me and/or Ann in advance of the October 3rd study session, when
we plan to discuss this with you. As I mentioned last night, we could certainly focus one
question on downtown behavior.
I've attached the custom questions we asked in the last survey.
Dave
<custom questions in 2014.pdf5
1
Ann Seltzer
From: Rich Rosenthal
Sent: Wednesday, September 07, 2016 9:07 PM
To: Dave Kanner
Subject: Re: Custom questions for citizen survey
Hi Dave,
Don't forget to ask Michael Black and the Parks Commission if they would like to repeat the previous Parks-
related question or something else related to their recent operational audit.
My question is, "Would you support a capital facilities bond for renovation of the senior center, aquatics
center, city hall and the police station?"
rr
From: Dave Kanner
Sent: Wednesday, September 7, 2016 4:22:35 PM
To: City Council
Subject: Custom questions for citizen survey
Councilors:
As I mentioned last night, we have an opportunity to add three custom questions to the National Citizen
Survey we'll conduct this winter. Please start giving some thought to questions that you might want to ask. I
will also solicit input from the leadership team. If you would, please forward your ideas to me and/or Ann in
advance of the October 3rd study session, when we plan to discuss this with you. As I mentioned last night, we
could certainly focus one question on downtown behavior.
I've attached the custom questions we asked in the last survey.
Dave
t
Ann Seltzer
From: Pam Marsh
Sent: Tuesday, September 20, 2016 11:52 PM
To: Ann Seltzer; Dave Kanner
Subject: Citizen survey
Hi team,
Do we know the standard questions that will be included in the citizen survey? It might be helpful to see them
as we choose our own specific ones. For example, I'm interested in the ongoing questions around cell phone
usage, which have varied in the standard approach in the last couple of years.
Thanks for your help.
Best,
Pam
2016 Citizen Survey Questions (Study Session discussion October 3, 2016)
The City can include one open ended question and three custom questions. The National Research Center will
edit/format the questions.
Suggested Open Ended Question
Did you see a decrease in negative behavior in downtown Ashland between the summer of 2015 and the
summer of 2016?
The responses will reflect citizen's perception on whether the newly created ordinances (no smoking, sidewalk
blocking, no intrusive sonication etc.) have had a positive impact.
Suizi4ested Custom Questions (pick three)
1. Should the Road Diet (two lane design on North Main Street) remain as a one lane in each direction or
be converted back to two lanes in each direction?
Responses will reflect a statistically valid community viewpoint on whether the changes to North Main
Street should remain in place. In addition, the P W department is doing an evaluation of the RD this fall,
so a public opinion question like this dovetails nicely.
2. The City will begin its biannual budget setting process in the spring. There are several issues competing
for limited resources. Please rank the following in order of your priorities with #1 as the highest.
• Increase police staffing • Emergency preparedness
• Increase fire staffing • Reducing Ashland's carbon
• Homeless services footprint
• A permanent homeless shelter--e • Senior Services
• Increased funding for the
affordable housing trustfand
Council may wish to add other `competing resources' to this list.
3) The City may consider placing a measure on the ballot for voter support of capital projects. Please
indicate the highest tax amount, if any, that your household would be willing to pay per year for the
construction of the following capital projects:
$0 $50 $100 $200
per year per year per year per year
• Seismically sound City Hall
• Aquatic center with competition sized pool
• Senior Center
There may be other capital projects that should be added to the list. Responses will indicate 1) if citizens
will vote in favor of funding a particular capital project 2) the amount they may be willing to pay, which
would help the city determine realistic budget costs for a given project. DK indicates that the City may have
si fficient funds in the Capital Improvements Fund (projected) fund balance to complete Police Station
remodel phase 2.
1
-=-M T_ _0
Special Topics
The City of Ashland included four questions of special interest on The NCS. The first question asked residents to
rate to what extent they supported or opposed the City focusing its economic development efforts. Almost all
residents supported making it easier for businesses to grow and develop in Ashland (97%) and improving
workforce development (95%). Residents were least likely to support the City attracting new industrial
development on its vacant industrial lands.
Figure 4: Support for Economic Development Efforts
Please indicate the extent to which you support or oppose the City ofAshland focusing its economic development
efforts in each of the following potential ways.,
® Strongly support Somewhat support
By making it easier for
businesses to grow and 3 97%
develop in Ashland
Through workforce
development 95%
By attracting and retaining
high-tech businesses ss°%
°
By building upon the
existing tourism-based 86%
economy
By attracting new industrial
development on its vacant 67%
industrial lands
9
Community Livability Report
The National Citizen Survey"
The second question asked residents to what extent they supported or opposed Ashland's proposed solutions to
the space issues facing the City's facilities. A majority (74% of residents) said they supported the City keeping City
Hall downtown but only if it costs the same or is less expensive than other options. A similar number of residents
also favored Ashland addressing its space needs via the lowest cost option, regardless of location.
Figure 5: City Facility Needs
Citystaffis researching ways to address the City's fad/rtes space needs, induding possibilities for replacing City
Hall. The City has run out of room in its existing building Please indicate the extent to which you support or ~
oppose the following options•
a Stron
917f support Somewhat support
Ashland should keep City Hall
downtown only if it costs the same
or is less expensive than other ` 74%
options
Ashland should address its space 0
needs via the lowest cost option. d~ 72 °fa
regardless of location
City Hall should reamin downtown, f
even if it is a more expensive '47%
option f
10
Community Livabillty Report
The National Citizen Survey""
The third question asked residents where they obtained information about the City's activities, events and
services. A little over half of respondents reported using the City website and local media outlets as major sources
of information. Around 40% of participants reported word-of-mouth and the City newsletter in the utility bill as
major sources. Residents were the least likely to obtain formation from the local government cable channels,
talking with city officials; social media or other unlisted sources.
Figure 6. Information Sources
you consider each of Me following to be for obtaining information
Phase indicate how much of a source, if at all
about the C'itygovermrnent and its activities, events and services:
® Major source 0 Minor source H Not a source
City website (www.ashland.onus) t
Local media outlets (newspapers, tt%
radio, local television stations)
Word-of-mouth lya
City newsletter in the utility bill 6._..'
Parks and Recreation Guide
City Council meetings and other
public meetings
Open City Hall
x
Talbng with City officials
City communications via social media
(i.e. Facebook, Twitter or YouTube)
The local government cable Channels
-
9,180,181
Other '
11
Community Livability Report
The National Citizen Survey7N'
The final question asked residents to describe which programs or services should be offered or expanded by
Ashland's Parks and Recreation department. Most comments revolved around sports and fitness or nature and
cultural programs.
Figure 7: Comments about Parks and Recreation Programs or Services
Which programs and services should be offered or expanded by Ashland Parks and Recreation?
Sports and Fitness 19%
Nature and Culture 19%
Youth programs 11%
Recreation Classes and Centers Recreation+
Department io%
Creative Arts & Education 9%
Dog parks & Dog Related Issues 6%
Senior center/senior classes 3%
Other 12%
Nothing/no expansion/NA 11%
12
Community Livability Report