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HomeMy WebLinkAbout9B - Advertising Signage Policy for Fences in City Parks MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT March 3, 2008 9B Kelly Meyer, Asst. City Manager CONSIDER APPROVAL OF A RESOLUTION ADOPTING AN ADVERTISING SIGNAGE POLICY TO PERMIT SEASONAL ATHLETIC FIELD SIGNAGE ON INTERIOR FACING OUTFIELD FENCES IN CITY PARKS. Introduction The purpose of this agenda item is to consider adoption of a policy that would permit Prior Lake not-for-profit youth athletic organizations to partner with the City to sell banner advertising for display on interior-facing outfield fences in City parks for the purposes of fundraising. The City also desires to seek revenue sources to support maintenance of athletic facilities. The policy outlines the terms, conditions and responsibilities of the parties. History In April 2007, the Prior Lake American Legion Baseball team made a presentation to the Parks Advisory Committee requesting that the committee consider allowing the team to sell advertising to be displayed on the outfield fencing (interior or field side) at Veterans Memorial Park. The PAC directed staff to outline the issues of such a proposal, check with other cities and bring the item back to the PAC for discussion. The PAC discussed the issues related to a policy of this type at its meetings in September 2007, November 2007, and in January 2008, and recommended a draft policy to the City Council for consideration. The City Council reviewed this item and provided staff with direction at their February 4, 2008 meeting. Current Circumstances The City Council discussed a number of concerns related to such a policy, including what parks should be included under the policy, roles and responsibilities of the parties, type of signs, fee structure, revenue sharing, code compliance, and sign content. The Council was particularly concerned about the appropriateness of advertising in public facilities primarily used for youth athletics, and the impact upon the larger community in permitting this type of off- site advertising signage in the zoning ordinance. The City Attorney was asked to research and work with staff to provide additional information addressing each of these topics. Conclusion After further research, the City Attorney believes that the City can incorporate into its policy content guidelines that address the concerns about sign content raised by the Council. In addition, at the Planning Director's suggestion, we www.cityofpriorlake.com Phon~ 952.447.9800 I Fax 952.447.4245 1 believe we can define Athletic Field Signs in the Zoning Ordinance narrowly enough so as not to permit additional off-site advertising signage throughout the community. Lastly, the policy has been further amended to include the feedback that the Council provided regarding the operation of the program. The revised policy is summarized below. ISSUES: Policv Summary The proposed policy provides for the following: Location Sign Material City Responsibility Agent Responsibility Pro osed Advertisin Ori inal Pro osal First locate signs at Veterans Memorial Field; once that outfield fence is full, include a field at The Ponds, once all fields at The Ponds are full, include Thomas Ryan park, and so on. Large hole open mesh polypropylene windscreen. Sign approval, facilitate sign design and purchase when required, collect fees, distribute commissions, install, remove and store si ns. Sign approval, facilitate sign design and purchase, collect fees, distribute commissions, track contracts, costs, and sign purchases, install, remove and store si ns. Must be a not-for-profit civic or athletic organization that represents and supports Prior Lake, or be sponsored by a not- for-profit organization or activity that represents Prior Lake. na e Polie Revised Pro osal Try first at Veteran's Memorial Field, provided that issues related to code compliance and sign content can be managed. Evaluate the success and revisit possibility of extending the ro ram to The Ponds. Acceptable. Acceptable Not-for-profit youth athletic organizations that primarily represent the Prior Lake community; eliminate "civic" organizations. Staff would interpret this to mean the Prior Lake youth teams & boosters would be the only eligible Sales Agents. Organizations like the VFW, Rotary, Optimists, and so on would not be eligible. Agents are responsible for selling signage space, collecting fees, Acceptable and coordinating with the City. 2 Revenues 50% commission to Sales Agent. Deduct $30 sign permit fee to 50% to park equipment cover City administrative costs, replacement fund. and split net proceeds 50/50 between sales commission and park equipment replacement fund. For one 8'x10' space, the commissionlrevenue would be $235 each. Fees Annual fee for 8' X 10' fence 1 year package - $825 ($500 for space: space + $325 for sign). $500 annually plus sign. If purchase 2 seasons upfront: 2 y. package - $1225 ($900 for $900 plus sign. space + $325 for sign). If purchase 3 seasons upfront: $1200 plus sign. 3 yr. package -- $1525 ($1200 for space + $325 for sign.) New Advertising sold mid-season New advertising sold mid-season prorated at $83/mo. plus $325 prorated at $83/mo. + $325 cost siQn costs. of sian. Admin Fee None proposed $30 Der 8'x1 0' SDace leased. Signs Signs may be provided by the All signs purchased through City advertiser, as long as the sign after establishing one vendor meets the City's design criteria. through RFQ process. The City may also facilitate purchase of sign through a local vendor at an approximate cost of $325 per 8'x10' sign. Barring extreme conditions, signs should last 2 - 3 years or more before fadinQ. Zoning Code The current zoning code does not Define "Athletic Field Signs" as Compliance permit signage of this type in City seasonal signs located on the parks. If the Council adopts the interior-facing side of outfield policy, it would also need to initiate fences in City parks. No initiation a zoning amendment by adoption of a zoning amendment of the attached resolution. necessary. If Council adopts policy, staff will include language in the text of the upcoming zoning ordinance update, which goes to the Planning Commission in March. 3 Sign Content Policy provides no regulation beyond suggesting that sign content be appropriate for a family environment. Council requested additional research from the City Attorney regarding the City's ability to prohibit advertising deemed inappropriate for a family environment. After further research, the City Attorney believes the revised policy addresses the City's ability to rohibit certain content. Acceptable. VFW Signage Eliaible Aaents: The original policy proposed that not-for-profit civic or athletic organizations representing Prior Lake be eligible to be Sales Agents for the program. Based upon feedback from the Council at its prior meeting, staff understood that the preference was for only vouth athletic organizations who primarily represent the Prior Lake community to eligible to be Sales Agents. Eligible organizations would include, for example, individual teams of any sport as long as they were identified as representing Prior Lake, booster organizations for these sports, such as LABC, Blueline Club, or Wrestling boosters; and youth athletic organizations such as Soccer Club or P.L.A.Y. Precluded from selling advertising would be civic organizations such as the VFW, Rotary and Optimists. Staff would like clarification if this is the Council's intent. Content ADDroDriate for Public Parks: The Policy has been significantly modified to exclude signs that promote the sale or use of alcohol or tobacco products. The policy also provides that sign content shall be view-point neutral and not provide information that (1) is false, misleading, deceptive or disrespectful; (2) claims an unauthorized endorsement by the City; (3) is obscene as defined by State statute, (4) encourages use of illegal goods or services, (5) encourages illegal conduct; (6) promotes or displays images associated with adult entertainment, (7) is graffiti, (8) advertising illegal firearms or other weapons, or (9) directs viewers to internet site or phone numbers that contain any of the above. The Policy language was modified for our uses from a similar policy used by Metro Transit for the display of advertising on buses and bus shelters. Further, the policy defines Permitted Advertising as that which "typically promotes the sale, rental, distribution of goods, services, food, entertainment, products or property (real or personal), but also may solicit business or promote transactions, events or programs." The intent is that the advertising displayed should not: · Subject members of the public to material that may cause them embarrassment or discomfort and discourage them from using City parks; · Project an image that is unprofessional or in bad taste; · Include material that is not suitable for viewing by minors who participate in or attend youth athletic events at the facility. 4 Zonina Code ComDliance: The City Attorney and Planning Director believe that Athletic field Signs can be defined in the City's sign ordinance so as to separate it from other off-site advertising signage (which is not permitted under the ordinance). Because a process has already been initiated for the update of the zoning ordinance, the Planning Director believes initiating a separate zoning amendment process is not necessary. If the Council were to adopt the proposed Athletic field Sign policy, staff would incorporate the change into text of the document and include it in the public process presently underway. The City Attorney and staff believe the Policy addresses the concerns raised by the Council associated with having youth and family appropriate advertising only in public parks. If the Council were to adopt this policy, staff believes that signage could be sold for part, if not all, of the 2008 season. FINANCIAL IMPACT: The financial impact to the City will primarily be in labor costs for administering the policy and installing any signs, with additional costs in providing marketing materials, and removing signs for storage, which we will attempt to recover by charging a $30 sign fee before disbursing net proceeds. If the program is successful, the City should realize a cost benefit from the advertising signage program by collecting revenue that would be directed to a park equipment replacement fund. ALTERNATIVES; 1. Motion and Second to Approve a Resolution Adopting an Advertising Policy to Permit Athletic field Signage on Interior facing Outfield fences in City Parks. 2. Motion and Second to Approve a Resolution Adopting an Advertising Policy to Permit Athletic field Signage on Interior facing Outfield fences in City Parks with amendments. 3. Motion and Second to table the proposal indefinitely. Alternative No. 1 5 Motion By: Second By: WHEREAS, The City has constructed athletic fields to serve the recreational needs of citizens of the Prior Lake area; and WHEREAS, The City Council desires to establish revenue sources which can assist in the cost of the maintenance and replacement of such facilities; and WHEREAS, Youth athletic teams who utilize these fields and represent the Prior Lake community, and their sponsors are seeking a means of raising funds to support the teams and the Prior Lake citizens who are members thereof; and WHEREAS, To the extent that funds are provided for field maintenance from this source, the public can benefit from a lower tax levy expense. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The policy entitled "Advertising Signage Policy for Athletic Field Signs on Interior Facing Outfield Fences in City Parks," dated March 3, 2008, is hereby approved. PASSED AND ADOPTED THIS 3RD DAY OF MARCH, 2008. YES NO Hauaen Hauaen Erickson Erickson Hedbera Hedbera LeMair LeMair Millar Millar Frank Boyles, City Manager .www.qityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 ADVERTISING SIGNAGE POLICY FOR ATHLETIC FIELD SIGNS ON INTERIOR FACING OUTFIELD FENCES IN CITY PARKS SECTION 1: PURPOSE The City of Prior Lake is a Minnesota municipal corporation and political subdivision of the State of Minnesota ("City"). The City is asked from time to time to allow not-for-profit youth athletic organizations representing Prior Lake to sell and erect advertising signage on fencing and scoreboards within City athletic fields for the purpose of fundraising. The City's 2030 Vision and Strategic Plan provides that "The mission of the City of Prior Lake is to enhance the quality of life for current and future citizens by providing quality services which result in.." preservation and effective use of lakes, parks and other natural resources, economic vitality, and the promotion of partnerships, volunteerism and civic pride for the community's diverse population." Specifically, the City's 2030 Vision and Strategic Plan provides the following direction: · Plan for and fund on-going infrastructure maintenance and replacement needs, including completion of a park infrastructure equipment replacement matrix (Community Capital Assets) · Identify and develop non-tax revenue (Strong Financial Management) · Minimize capital and operating costs through collaborative efforts with other public and private entities. (Strong Financial Managemen~ It is in the public interest to permit athletic fields signs on certain areas in designated City parks to generate revenue to fund park infrastructure equipment maintenance and replacement, and to help promote the success of not-for-profit youth athletic organizations supporting Prior Lake area athletics. This policy sets out the terms and conditions under which athletic field signage may be permitted. In adopting this Policy, the City is acting in a proprietary, rather than legislative capacity. This Policy is a one year experimental program. SECTION 2: INTERPRETATION AND REVISION The City of Prior Lake reserves the sole and exclusive right and authority to make interpretation or revisions to this policy which it deems appropriate in its sole determination. SECTION 3: CITY CODE In the event of inconsistency between this policy and Prior Lake City Code, the City Code shall take precedence. SECTION 4: ADVERTISING SALES & DISPLAY The City will make space available on scoreboards and interior-facing outfield fencing within City park athletic fields for the display of Athletic Field Signs as defined by the Prior Lake City Code, and as permitted by this policy. 4.01: Non-Public Forum - By allowing limited types of advertising within City park athletic fields, the City does not intend to create a public forum for public discourse or expressive activity, or to provide a forum for all types of advertisements. The display of advertising within City park athletic fields is intended only to supplement tax revenues and other income dedicated to the replacement of parks infrastructure, and to provide fundraising opportunities that support not-for-profit youth athletic programs in Prior Lake. C:\Documents and Settings\KellyM\Desktop\Draft Advertising Signage Policy 2.doc 4.02: Sales Agents -- Not-for-profit youth athletic organizations that primarily represent the Prior Lake community may enter into a contract with the City for the purpose of selling advertising signs and leasing outfield fence space for the display of Athletic Field signs within City parks ("Sales Agent"). The Sales Agent must enter into a contract with the City that would establish the organization as an agent for the City whose purpose is to solicit sales of Athletic Field signs and to lease fence space within City park athletic fields. For each sale, the agent would receive 50% of the net proceeds from the sale of the leased fence space payable by the City. 4.03: Display Locations - Athletic field signs will be permitted only at Veteran's Memorial Field from April 1st through September 30th of each year. Signs shall be installed on the interior-facing outfield fencing only. The City reserves the right to determine locations and placement of all advertising signage. 4.04: Advertising Fees -In addition to collecting the costs for the purchase of an approved Athletic Field sign, the City shall collect an advertising fee for each 8'x10' leased fencing space as follows: Annual Fee per season (April 1 - Sept. 30) $825 ($500 lease + $325 sign cost) 2 yr. package purchased upfront $1225 ($900 lease + $325 sign cos~ 3 yr. package purchased upfront $1525 ($1200 lease + $325 sign cost) Sales commission payable to the Sales Agent shall be calculated on the net proceeds from the fence lease fee only. New advertising space sold mid-season shall be prorated at the cost of $83/month (plus the $325 sign cost. The cost of producing the sign in a size and material acceptable to the City, at its sole discretion, shall be borne by the advertiser. If an advertiser wishes to purchase multiple spaces in order to accommodate a larger sign, the permit fee shall be multiplied by the number of spaces to be used, and collected at the time the sign is submitted to the City for approval. 4.05: Administration Fee - The City shall collect an administrative fee of $30 for each 8'x10' fence space sold in order to cover its costs for administration of the policy. 4.06: Exception - In recognition of the contributions by the Prior Lake VFW to the improvements to Veteran's Memorial Field, one 8'x10' fence space shall be provided free of charge to the Prior Lake VFW on an annual basis. The VFW shall be solely responsible for the cost of any signage, and such signage shall comply with all other terms of this policy. SECTION 5: RESPONSIBILITIES OF THE PARTIES 5.01: City - City shall be responsible for administration of this policy, including managing contracts with Sales Agents, tracking all fees, sales commissions and revenues, developing marketing materials, processing sign sales, facilitating purchase of signs, and installing, removing and storing all signs. The City will make every attempt, weather permitting, to install athletic field signs by April 1st of each year. Signage will be removed by the City by September 30th of each year. The City shall store the athletic field signs until the next season. If the advertiser does not renew for the next season, the sign will be returned to the advertiser. No signs will be installed until all fees for the current season have been paid in full. C:\Documents and Settings\KellyM\Desktop\Draft Advertising Signage Policy 2.doc 5.02: Sales Agent(s) - Sales Agents shall be responsible for soliciting the sale of athletic field signs under the terms and conditions of this policy, collecting appropriate fees, and submitting all required fees and drawings to the City prior to the placement of the sign. 5.03: Advertiser(s) - The advertiser shall be responsible for submitting a sign design for City approval, and shall solely be responsible for the cost, maintenance and replacement of athletic field signs in addition to the advertising fee required herein. The City shall not replace or repair any sign for any reason, but may remove signs that are in disrepair or damaged due to wear and tear at its sole discretion. The advertiser shall be solely and exclusively responsible for sign replacement due to wear and tear, vandalism, theft and damage due to weather elements. The City shall not refund any advertising fees paid due to the advertiser's failure to replace a damaged or stolen sign. SECTION 6: SIGNS 6.01: Design - Athletic field signs shall be 8' tall x 10' wide in size and produced on a large-hole open-mesh windscreen material acceptable to the City and subject to the standards set forth in provisions 6.02,6.03 and 6.04 herein. For aesthetic and safety reasons, the City reserves the right to limit sign size, material, location, and color. The City will make all decisions about accepting or rejecting proposed advertising based upon this policy. The City Manager or other designee will work with the Sales Agent and advertiser to resolve issues about advertisements that do not comply with this policy. Resolution may include modification of the art, copy or both. 6.02: Certain Excluded Advertising - The City will not accept for display advertisements and images soliciting or promoting the sale or use of alcoholic beverages, or tobacco products including, but not limited to, cigarettes, cigars and smokeless tobacco ("Excluded Advertising"). By not accepting Excluded Advertising the City can (a) maintain a professional advertising environment that maximizes advertising revenues and minimizes interference or disruption of the recreational use of the public park facility; (b) maintain an image of neutrality on political matters and other noncommercial issues that are the subject of public debate and concern; (c) protect youth program participants, other park users, and the park facilities from harm or damage that can result from personal reactions to political or controversial materials; and (d) help promote a safe and healthy community. 6.03: Permitted Advertising - Subject to 6.02 and 6.04 herein, the City will accept athletic field signs for display or placement as long as the advertising generally relates to the economic interests of the advertiser and its audience. Permitted advertising typically promotes the sale, rental, distribution or availability of goods, services, food, entertainment, products or property (real or personal), but also may solicit business or promote (commercial or noncommercial) transactions, events or programs. The City reserves the right to place reasonable limits on permitted advertising where appropriate in order to (a) avoid subjecting members of the public to material that may cause them embarrassment or discomfort and discourage them from using City parks; (b) maintain an image of professionalism and decorum; and (c) avoid displaying material that is not suitable for viewing by minors who participate in or attend youth athletic events. 6.04: View.Point Neutral- Athletic fields signs shall be viewpoint-neutral in content and not portray advertisement or information that falls within anyone of the following categories: (a) False. Misleadina. Deceotive or Disresoectful Material. Advertising or any material or information in the advertising that is false, misleading or deceptive, or that is intended to be (or reasonably could be C:\Documents and Settings\KellyM\Desktop\Draft Advertising Signage Policy 2.doc interpreted as being) disparaging, disreputable or disrespectful for persons, groups, businesses or organizations, including advertising that portrays individuals as inferior, evil or contemptible because of their race, color, creed, sex, pregnancy, age, religion, ancestry, national origin, marital status, disability, including those related to pregnancy or child birth, affectional or sexual orientation, or any other characteristic protected under federal, state or local law. (b) Unauthorized Endorsement. Advertising that implies or declares the City endorses a product, service, event or program. The prohibition against endorsement does not apply to advertising for a service, event or program for which the City is an official sponsor, co-sponsor or participant, provided the City Manager or other designated representative gives prior written approval regarding the endorsement. (c) Obscene or Offensive Material. Advertising that contains obscene or offensive materials. "Obscene materials" means displays or information that, taken as a whole, appeals to the prurient interest in sex and depicts or describes in a patently offensive manner sexual conduct and which, taken as a whole, does not have serious literary, artistic, political or scientific value, or otherwise qualifies as "obscene" as that term is defined in Minnesota Statutes section 617.241. "Offensive materials" means displays or information that would be offensive to a reasonably prudent person of average sensitivity in the community, including materials that contain derisive, distorted, immoral, profane or disreputable language or impressions. Obscene or offensive material also includes advertising that contains "pornographic work" as that term is defined in Minnesota Statutes sections 617.246 and 617.247 or promotes pornography, including "men and women's sophisticated magazines", "X-rated" or adult-oriented films, "X-rated" or adult-oriented cable channels, or businesses trafficking in pornography, including the use of brand names, trademarks, slogans, or other materials that are identifiable with these items, activities or services. (d) Unlawful Goods or Services. Advertising or any material or information in the advertising that depicts, promotes or reasonably appears to encourage the use or possession of unlawful or illegal goods or services. (e) Unlawful Conduct. Advertising or any material or information in the advertising that depicts, promotes or reasonably appears to encourage unlawful or illegal behavior or conduct, including unlawful behavior of a violent or antisocial nature; is libelous or an infringement of copyright; is otherwise unlawful or illegal; or is likely to subject the City to liability. (n Adult Entertainment. Advertising that promotes or displays images associated with adult book stores, adult video stores, nude dance clubs and other adult entertainment establishments, adults telephone services, adults internet sites and escort services. (g) Graffiti. Advertising that uses images or symbols that depict or represent graffiti. (h) Illegal Firearms and Weapons. Advertising that contains images or depictions of illegal firearms or other weapons, or the unlawful use of firearms or other weapons. (i) Internet Addresses and Telephone Numbers. Advertising that directs viewers to internet addresses or telephone numbers that contain materials, images or information that would violate these advertising standards if the materials, images or information were contained in advertising displayed or posted within a City park athletic field. C:\Documents and Settings\KelIyM\Desktop\Draft Advertising Signage Policy 2.doc SECTION 7: INDEMNIFICATION The Sales Agent and Advertiser shall indemnity the City for any and all liability or damages arising out of decisions related to the acceptance or rejection of proposed advertising, the lease of fence space, or the sale, display, or damage to athletic field signage contemplated by this policy. C:\Documents and Settings\KellyM\Desktop\Draft Advertising Signage Policy 2.doc 4646 Dakota Street S.E. Prior MN 55372-1714 Memo To: Kelly Meyer, Assistant City Manager From: Jane Kansier, Planning Director Date: February 13, 2008 Re: Athletic Field Signs CC: Frank Boyles, City Manager Suesan Pace, City Attorney Introduction At the last City Council meeting, the Council asked staff to review the Zoning Ordinance and identify any changes necessary to allow seasonal ballpark fence signs. I am suggesting a fairly simple approach, in which the Zoning Ordinance would be amended to specifically define these signs. By doing so, the ordinance can limit the placement to outfield fences in City Athletic facilities. Proposed Language The current definition of "advertising signs" could be revised as follows: Advertising Sign. Any permanent non-governmental sign and sign structure, except for athletic field sions, advertising products, services, commodities, entertainment or other activity not offered at the location of the sign or not exclusively related to the premises on which the sign is located. A new definition of "Athletic Field Signs" might be: Athletic Field Sian. Anv advertisino sion located on the interior-facino outfield fences or scoreboard of a City athletic facility in accordance with City policy. I believe this approach is consistent with the "content neutral" requirement. Please let me know if you have additional questions. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 c:\documents and settings\kellym\local settings\temporary internet files\olk1 fa\2-13-08 memo. doc 1 t r hit, i + ~ rr- -.v"......, ~ >~,~c;~-l jIIlI....~ ,<."'_nn ,.:. ,~ " . -ill ~,1Um1fJ:1unn!j 1~ .. WWIt1lMa1l!(torg .. Staff Responsibilities for Advertisin~n Progmm · Draft Sales Agent standard contract (City Attorney) · Administer and track contracts with Sales Agents · Set up accounting system for collecting lease fees and disbursing sales commissions. · Track all fees, sales commissions, and revenues. · Track City staff time and costs. · Develop and produce marketing materials (flyers, order sheet, receipt, sign guidelines, ad, web ad, newsletter articles) · Coordinate with Sales Agent on each fence space leased to collect lease fee, calculate commission, and review sign design and material to assure it meets policy standards. · Facilitate acquisition of approved sign between vendor and advertiser. · Track the order in which advertisers purchased signs to establish priority placement. · Develop layout for installation of signs on fencing. · Transport signs to applicable parks. · Installation of signs · Monitor condition of signs. Mend or patch signs as appropriate. · Notify sign owner if signs are damaged or need replaced. · Remove signs at the end of the season (Sept. 30th). · Indoor storage of signs through winter. · Track advertising renewal schedule. · Send out notices regarding account renewals to sales agents.