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HomeMy WebLinkAboutOrdinance 5335 ORDINANCE NO. 5335 AN ORDINANCE TO AMEND CHAPTER 97 PARKS AND RECREATION OF THE CODE OF FAYETTEVILLE TO PERMIT AND REGULATE SIGNS RECOGNIZING DONOR CONTRIBUTIONS WHEREAS, fairly.small, aesthetically pleasing signs to recognize significant donors to our parks can help to generate needed funds to facilitate park improvements. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals §97.088 (B) of the Code of Fayetteville in its entirety and enacts a replacement §97.088 (B) Exceptions to clarify athletic field signage restrictions and to authorize and regulate donor recognition signs as shown below: "(B) Exceptions. (1) Athletic Field Signage. Signs shall be permitted on softball/baseball outfield fences and scoreboards at locations and in sizes designated by the Parks and Recreation Director. Uniform fees shall be charged dependent upon placement and size of the permitted signs. The content of the sign and whether it is commercial or non-commercial may not be considered. Designated spaces shall be sold at the established price on a first come basis. The owner of a sign at a designated location shall have first right to renew before others can purchase the size/location for a new or replacement sign. (2) Recognition Signs. Signs located in City parks or on City trails that are used for the purpose of memorializing a person or family through naming, recognition of significant donors, or recognition of contributions to the facility or amenity on which the sign is installed shall meet the following conditions: (a) Maximum Number of Recognition Signs. Most donor or honoree recognition signs shall be limited to one for the facility financed by the donor or memorializing the honoree. For a park or a major facility with more than one Page 2 Ordinance No. 5335 major entrance, a second recognition sign may be recommended by the Parks and Recreation Advisory Board and approved by the City Council. (b) Maximum Size of Recognition Signs. (i) Park Recognition Signs shall not exceed sixteen square feet for parks and major facilities with lesser square foot limitations for smaller facilities as set forth in the Operations Policy for Donor Recognition Signs attached as Exhibit A and approved as part of this ordinance. (ii) Trail Recognition Signs shall not exceed four square feet for trailhead facilities. Recognition signs along the trail for park benches, etc., shall not exceed 1.5 square feet and should be incorporated within or attached to the bench or amenity sponsored by the donor. (c) Design requirements. All recognition signs must comply with the following requirements and shall adhere to the aesthetic values and design of the park or trail. (i) The recognition sign shall include only the name of the person memorialized or the name of the organization, person or business which has donated significant funds to the park facility. A company or organization logo (without company colors, any advertising or slogans) may be used on the sign. (ii) The design of the sign shall be incorporated into the park facility and shall be approved by the Director of Parks and Recreation who shall ensure the signs' high quality and durable construction and its consistency with other recognition signs within the park. (iii) Recognition signs shall comply with the Donor Operational Policy unless exempted by the City Council. Page 3 Ordinance No. 5335 (D) Facility Naming. The naming of facilities is permitted so long as the donor or honoree has made a significant contribution to the City, the Facility or the Parks and Recreation Department in terms of financial donations, voluntarism or dedicated public service. Final naming of a facility shall be recommended by the Parks and Recreation Advisory Board with final approval by the City Council. Naming of the facilities must meet the Naming Park Facilities Operations Policy attached as Exhibit`B". PASSED and APPROVED this 20''day of July, 2010. APPROVED: ATTEST: 6W om 26 By: a By: 0404 A N LD JOBIAN, Mayor soNbRA E. SNUTH, City Clerk/Treasurer ao„a6rrn►vv °�� RKITR °jio� ®®��G•G��YOF•B G ®moo ®gyp v� o oF6 FAYETTEVILLE <,vA,yq'QkAN• PoJ a l//ldddd616, City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/15/2010 City Council Meeting Date Agenda Items Only Connie Edmonston/Alison Jumper Park Planning Parks and Recreation Submitted By Division Department Action Required: ADM-10-3601-Amend the Fayetteville Code of Ordinances Chapter 96: Parks and Recreation, Section 97.088 Signs Prohibited to permit donor recognition signs to be locatd in parks and trails. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Q Budget Adjustment Attached Previous Ordinance or Resolution# Department Dir r Date -- Original Contract Date: r i co Original Contract Number: City orney Date --� -%J 2.1.U 10 Finance and Internal Services Director Date Received in City ENTEIEaII Clerk's Office C/ Chief of ff Date • Received in Mayor's Office yorDate Comments: C� 11/d �.��.j OU0 TO-l)""d 7Rev��Jan ary 15, 0 ' a e PvILLe THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKA . . CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Director of Parks and Recreation From: Alison Jumper, Park Planning Superintendent Date: May 27, 2010 Subject: Code of Ordinances Amendment for Chapter 96: Parks and Recreation PROPOSAL: As the City of Fayetteville grows, the need for diverse recreational opportunities grows. Seeking partnerships and donations from private organizations and businesses can enhance the City's ability to provide parks and recreation services for park improvement projects. Private partnerships with businesses and individuals offering services and products consistent with the Parks and Recreation mission have the potential to reduce the City's investment in capital projects. Park staff has recently recognized the need for an avenue allowing donor recognition signs on park and trail property. Donor recognition is vital to successfully soliciting and securing funding for projects. The use of corporate names and logos are often used in recognizing contributions; however, these types of signs are not currently permissible by city ordinance. Chapter 97 of the Unified Development Code(§97.088(B)) allows for signs on softball/baseball fences and scoreboards at locations and in sizes designated by the Parks and Recreation Director. Park staff proposes amending Chapter 97 to allow for donor recognition signs on park and trail property, thereby improving the ability to successfully secure funding from private sources. RECOMMENDATION: Parks Staff recommends approving and ordinance amending the Fayetteville Code of Ordinances Chapter 96: Parks and Recreation, Section 970.88 Signs Prohibited to permit donor recognition signs to be located in parks and trails. BUDGET IMPACT: This ordinance amendment would not impact the budget negatively. If approved, the potential for securing donations may increase,thereby positively impacting the budget. FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor City Council FROM: Kit Williams, City Attorney --� DATE: May 28, 2010 RE: Authorizing Donor signs for city parks Chief of Staff Don Marr, Development Services Director Jeremy Pate and I reviewed and revised the Parks and Recreation Department's proposed amendment to the Parks and Recreation Chapter of the Fayetteville Code which would, for the first time, authorize donor signs to be displayed in City parks. We tried to strike a balance between recognizing (and attracting future major) donors while maintaining aesthetics and the noncommercial nature of all City parks. Any facility to be named for a donor, volunteer or public servant would first have to be recommended by the Parks and Recreation Advisory Board and then approved by City Council resolution. ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 97 PARKS AND RECREATION OF THE CODE OF FAYETTEVILLE TO PERMIT AND REGULATE SIGNS RECOGNIZING DONOR CONTRIBUTIONS WHEREAS, fairly small, aesthetically pleasing signs to recognize significant donors to our parks can help to generate needed funds to facilitate park improvements. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby repeals §97.088 (B) of the Code of Fayetteville in its entirety and enacts a replacement §97.088 (B) Exceptions to clarify athletic field signage restrictions and to authorize and regulate donor recognition signs as shown below: "(B) Exceptions. (1)Athletic Field Signage. Signs shall be permitted on softballibaseball outfield fences and scoreboards at locations and in sizes designated by the Parks and Recreation Director. Uniform fees shall be charged dependent upon placement and size of the permitted signs. The content of the sign and whether it is commercial or non-commercial may not be considered. Designated spaces shall be sold at the established price on a first come basis. The owner of a sign at a designated location shall have first right to renew before others can purchase the size/location for a new or replacement sign. (2) Donor Recognition Signs. Signs located in City parks or on City trails that are used for the purpose of memorializing a person or family through naming, recognition of significant donors, or recognition of contributions to the facility or amenity on which the sign is installed shall meet the following conditions: (a) Maximum Size and Number. A total of two (2)donor recognition signs, for any one donor memorialized, are allowed at remote locations of the same park facility. Trail signage shall not exceed four(4) square feet per sign. Park signage shall not exceed sixteen(16) square feet per sign. (b) Design Parameters. The size and location of the sign(s) shall be approved by the Planning Division based on the following criteria: (i) Signage may include the name and/or logo of the sponsor, donor or contributor to the facility or amenity. (ii) Signage may not include corporate slogans, colors or advertising associated with a particular company, organization or corporation. (iii) The Parks and Recreation Department shall provide sign design and construction standards for each park facility that is to utilize donor recognition. The standards shall ensure that donor recognition signage is consistent in size and style throughout the facility. (iv) All signage shall be of high quality and constructed of durable materials such as masonry,bronze or wood. (c) Facility Naming. The naming of facilities is permitted so long as the donor or honoree has made a significant contribution to the City, the Facility or the Parks and Recreation Department in terms of financial donations,voluntarism or dedicated public service. Final naming of a facility shall be recommended by the Parks and Recreation Advisory Board with final approval by the City Council." PASSED and APPROVED this 15th day of June, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 3/2/2010 Klt;1NMfiRn -4 FQtr U •ates::pd Selte 81 Gr V (L {Z.E#JT A-W FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS (Code 1965;"17A-24, 17A-26;Ord.No.1594,4-1.68; or otherwise post any sign, placards, Code 1991;§97.082) advertisement, orinscription whatsoever, nor Cross reference(s)—Penalty, '97.999, Sale and shall any person erect or cause to be use of fireworks,'94.04(8). erected any sign whatsoever on any public lands or highways or roads adjacent to a 1 1 97.083 Soliciting Alms park,except as set forth hereinbelow. No person in a park shall solicit alms or (B) Signs shall be permitted on softbaJarksnd eball contributions for any purpose, whether public or fences and scoreboards at locatind inG� private. sizes designated by the Pand (Code 1965,'17A-25; Ord. No. 1594, 4-1-68; Code Recreation Director: Uniform fleell be 1991,§97.083) charged dependent upon placeandsize of the permitted signs. Thent ofCross reference(s)--Penalty,'97.999. the sign and whether itis commercnon- 97.084 Entering.Closed Areas commercial mag not be cred.No person in a park shall enter an area posted as Designated spaces shall be sothe y -.5 "Closed to the Public', nor shall any person use; established price on a first coasis.or abet the use of,any area in violation of posted Owner of a sign at a designateationnotices. shall have first right to renew befthers (Code 1965, '17A-27; Ord. No. 1594, 4-1-68; Code can purchase the size/location for a new or s� 1991;§97.084); replacement sign. Cross references)--Penalty,'97.999. (Code 1965,'17A-31;Ord.No.3677,'2,3-2-93;Code 1991,§97.088) 97.085 doing Onto,ice Cross reference(s)--Penalty,'97.999. No person in a park shall go onto the ice on any of the waters except such areas as are 97,089-97.998 Reserved designated as skating fields, and provided a safety signal is displayed: 97.999 Penalty (Code 1965, '17A-28; Ord. No, 1594, 4-1-68; Code 1991,§97.085) (A) Whoever violates any provision of this chapter for which no specific penalty is Cross references)--Penalty,'97.999. otherwise provided shall be fined not more 97.086 Vending And Peddling'. than $500.00 or double that sum for each No person in a.park shall expose or offer for sale repetition of such offense, or violation; any article or thing, nor shalt he station or place provided, no penalty shall be greater or less any stand, cart; or vehicle for the;transportation; than the penalty provided for the same or a sate or display of any such article or thing. similar offense under the laws of the state. if Exception is here made as to any regularly- the violation of the chapter is,in,its nature, licensed concessionaire acting by and under the continuous in respect to time, the penalty for authority and regulation of the city and nonprofit allowing the continuation thereof shall not groups on an annual basis." exceed $250.00 for each day the same is unlawfully continued. (Code 1965, '17A-29; Ord:. No. 1594, 4-1.68; Code- 1991,§97.086) (B) Any person violating any provision of '97.070 shall be guilty of a misdemeanor Cross reterence(s)•-Penalty,'97:999. and shall be punished by a fine of not more than$500.00. 97:0$7 Advertising Prohibited' No person in a park shalt announce,,ativenise,or (Code 1965,"1-5,13-12;Ord.No.2128,7-15-75;Ord. call ttie Public;attention in any;way to any article No. 2274, 9.7-76; Ord. No, 2903,.3-1-83; Ord. No. or service for sale or hire. 3164, 1-21-86; Ord. No. 3203, 8-5.86; Code 1991, §97:999) (Code 1965, '17A-30; Ord. No. 1594, 4.1-68; Code 1991,§97.087) Cross reference(s)--Penalty,'97.999. 97.088 Signs Prohibited —00000> (A) No person in a park shall paste, glue, tack, CD97:9 sr b pR Parks & Recreation Department Operational Policy m,. r �i�g Donor Recognition Signs It is pragmatic in a time of shrinking public dollars to seek outside funding in order to provide important capital improvements in Fayetteville Parks. It is essential to have specific boundaries and criteria in establishing fair and proper recognition of significant donations and gifts. This policy sets guidelines for the amount of the donation in relation to the recognition granted from the City of Fayetteville. Each gift will be considered independently of subsequent gifts to determine appropriate category. Any exceptions to this policy must be approved by City Council. The sign size range in each of the categories provides Park Planners with the latitude to design signs recognizing donations based on site location and donor specific criteria. Recognition signs will be displayed for the life of the facility. Category Donation Recognition in Park Recognition on Trail Copper $5,000 up to Press release of donation and Press release of donation and $10,000 plaque up to 1 square foot plaque up to 1 square foot Bronze $10,000 up to Press release of donation, ribbon Press release of donation, $25,000 cutting ceremony,plaque or sign plaque or sign up to 2 square up to 4 square feet feet Silver $25,000 up to Press release of donation, grand Press release of donation, $50,000 opening, right to name facility, ribbon cutting, sign up to 3 sign up to 12 square feet square feet Gold $50,000 up to Press release of donation, grand Press release of donation, $100,000 opening,right to name facility, ribbon cutting, sign up to 4 sign up to 16 square feet square feet Platinum Over City Council Approval City Council Approval $100,000 City Process 1. Parks and Recreation Staff meets with donor to discuss donation including amount of donation, development of facility/amenity, recognition operational policy, naming rights (if applicable), sign appearance/style/construction,time requirements and other pertinent topics. 2. Request is presented for approval from Parks and Recreation Advisory Board. 3. Request presented to Planning Office. 4. Request presented to City Council for final approval. . tf a ate' `t-` �.� ET i LE o THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor Don Marr, Chief of Staff Connie Edmonston, Parks & Recreation Director FROM: Kit Williams, City Attorney DATE: July L9, 2010 RE: Recognition Signs in Parks and Trails I have rewritten the guts of the proposed ordinance to more clearly differentiate signs in parks from sign on the trails. I have also incorporated-the operations and naming policies. I dropped "Donor" from "Recognition Signs" as these are also to honor civil leaders and volunteers. This is my proposed version. ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 97 PARIS AND RECREATION OF THE CODE OF FAYETTEVILLE TO PERMIT AND REGULATE SIGNS RECOGNIZING DONOR CONTRIBUTIONS WHEREAS, fairly small, aesthetically pleasing signs to recognize significant donors to our parks can help to generate needed funds to facilitate park improvements. NOW, THE,REFORE BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals §97.088 (B) of the Code of Fayetteville in its entirety and enacts a replacement §97.088 (B) Exceptions to clarify athletic field signage restrictions and to authorize and regulate donor recognition signs as shown below: "(B) Exceptions. (1) Athletic Field Signage. Signs shall be permitted on softball/baseball outfield fences and scoreboards at locations and in sizes designated by the Parks and Recreation Director. Uniform fees shall be charged dependent upon placement and size of the permitted signs. The content of the sign and whether it is commercial or non-commercial may not be considered. Designated spaces shall be sold at the established price on a first come basis. The owner of a sign at a designated location shall have first right to renew before others can purchase the size/location for a new or replacement sign. (2) Recognition Signs. Signs located in City parks or on City trails that are used for the purpose of memorializing a person or family through naming, recognition of significant donors, or recognition of contributions to the facility or amenity on which the sign is installed shall meet the following conditions: (a) Maximum Number of Recognition Signs. Most donor or honoree recognition signs shall be limited to one for the facility financed by the donor or memorializing the honoree. For a park or a major facility with more than one