Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/01/2011 - SECOND READING OF ORDINANCE NO. 134, 2011, AMENDINDATE: November 1, 2011 STAFF: Ann Turnquist AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 10 SUBJECT Second Reading of Ordinance No. 134, 2011, Amending Chapter 23, Article V, of the City Code to Add New Provisions Related to the Naming of City Properties and Facilities. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on October 18, 2011, establishes a process for the City Council’s responsibilities in the naming of City facilities or properties. The process defines how appropriate names are selected when a facility is to be named for a person (living or dead), or for an organization (e.g., foundations) or corporations. This Ordinance establishes Council’s role in such facility naming and establishes the City Manager’s authority to name other facilities. In addition to this Ordinance, an Administrative Policy is outlined which establishes staff’s role in the naming of facilities in other circumstances. In response to a Council comment that the proposed ordinance included some confusing language, staff has streamlined subsection 23-141(d) to clarify the process to be used. This simplified language is included in the Ordinance on Second Reading. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - October 18, 2011 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: October 18, 2011 STAFF: Ann Turnquist AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 13 SUBJECT First Reading of Ordinance No. 134, 2011, Amending Chapter 23, Article V, of the City Code to Add New Provisions Related to the Naming of City Properties and Facilities. EXECUTIVE SUMMARY This Ordinance establishes a process for the City Council’s responsibilities in the naming of City facilities or properties. The process defines how appropriate names are selected when a facility is to be named for a person (living or dead), or for an organization (e.g., foundations) or corporations. This Ordinance establishes Council’s role in such facility naming and establishes the City Manager’s authority to name other facilities. In addition to this Ordinance, an Administrative Policy is outlined which establishes staff’s role in the naming of facilities in other circumstances. BACKGROUND / DISCUSSION The purpose of this policy is to establish a systematic and consistent approach for the official naming of parks, recreational facilities, cultural facilities, natural areas, trails and civic buildings, or portions thereof. The City’s objectives for naming of facilities include: • To name City facilities through a consistent, fair and appropriate process utilizing established criteria. • To ensure that City-owned facilities are easily identified and located. • To encourage the dedication of lands, facilities, or donations by individuals and organizations. City-owned facilities include all property assets under the City’s ownership and control including parks, recreational and cultural facilities, civic buildings, natural areas, and trails. Such facilities will not include streets which are named according to policies established through the City Code Sec. 24-91 and as a part of the Development Review Process. CITY COUNCIL NAMED FACILITIES: Under the proposed Ordinance (Sec. 23-141 Naming of properties and facilities for persons or entities), the City Council has the authority to select or approve the naming of a facility or a portion of a facility that is to be named after individuals, organizations (e.g., foundations) or corporations. Provisions include the following: A. Donor Naming Policy In circumstances where a significant financial donation has been made for the acquisition, construction or improvement of the facility, the facility or a portion of the facility may be named either for the donor or in consideration of the wishes of the donor. The following guidelines shall be used when such a name is proposed: 1. Donations shall be of a significant size and proportion to the total cost of the facility or portion of the facility to be named. As a guideline, a donation of 75 percent (75%) or more of the value of the facility, feature or portion of the facility to be named is a baseline in determining a naming or recognition opportunity. 2. It is the City’s intent to encourage and recognize private contributions. If a significant donation is received from the private sector or an individual, significant consideration will be given to a donor’s naming or recognition request while balancing the public interest. 3. If the City does not believe a donation is sufficiently large to warrant the naming of an entire facility after the donor individual or organization, the City may offer the donor the opportunity to name a part of a facility or a feature of the facility to recognize the donation. COPY COPY COPY COPY October 18, 2011 -2- ITEM 13 B. Non-Donor Honorees A facility or portion thereof may be named for a community member or other significant contributor to the community (living or deceased), subject to approval of City Council. If such a naming is to be considered, the City may solicit nominations for such naming. Such nominations will be reviewed by an ad hoc committee of Councilmembers and appropriate staff members. The ad hoc committee will make recommendations to the full City Council regarding the nominations. Names which are proposed to honor a non-donor deceased person shall be subject to a minimum 12 month waiting period following the death of such honoree. Such honorees should have provided significant service or direct benefit to the community which will endure over many years. When the City Council is to select or approve the name of a facility or portion thereof, an ad hoc Council Committee will first review the proposal in preparation for formal consideration by City Council. Names selected pursuant to this Ordinance will be adopted by Council Resolution. The Council may solicit input from the public and City boards and commissions as deemed appropriate and advisable. The proposed Resolution will include the following information: • A description of the contributions of the individual, organization, or corporation to the City. • Written documentation of approval by next of kin of the person to be honored (if available/possible) is required as part of the proposal if the facility is to be named after a deceased person. Exceptions to approval of a relative or executor will be considered when no living relatives can be identified or are unable to participate in such approval process. • A provision allowing the City to change or modify the approved name in the future, should such a modification be necessary for the public good (e.g., change of use for the facility; future negative associations with the selected name, etc.), regardless of whether the naming was for a donor honoree or non-donor honoree. ADMINISTRATIVELY NAMED FACILITIES Other naming of facilities will occur in compliance with an Administrative Policy approved by the City Manager. Provisions of the policy include the process for naming of facilities which are not named after individuals, organizations (e.g., foundations) or corporations. This authority is outlined in the proposed Ordinance (Sec. 23-142 Naming of properties and facilities for other than persons or entities.) The attached draft administrative policy outlines the process to be used for administrative naming of City-owned facilities and properties. (See Attachment 1) OTHER NAMING POLICIES The proposed Ordinance applies to City-owned parks, recreational and cultural facilities, civic buildings, natural areas, and trails. The provisions do not apply to the naming of City streets. Arterial and collector streets are named through provisions of the City Code Section 24-91. Sec. 24-91. List of street names. All new arterial and collector streets, as defined in the City of Fort Collins Master Street Plan, are to be named from the list of street names approved by the City Council. The list of street names shall be composed of names of natural areas, natural features, historic and/or well-known places, citizens of the City or Growth Management Area whom the Council would like to honor posthumously, and such other names of places, things or deceased persons as the Council may approve. With respect to citizens of the City whom the Council desires to honor posthumously, such citizens must have devoted much time and effort to the City either as a former City officer or employee, a former Colorado State University officer or employee, a person important in the founding of the City or a former citizen of exemplary character deserving of special recognition. The list of street names shall be adopted and amended by the City Council by resolution. All new arterial and collector streets which are not extensions of existing arterial and collector streets must be named from the foregoing list of street names, and the Director of Community Planning and Environmental Services shall strike names COPY COPY COPY COPY October 18, 2011 -3- ITEM 13 from the list as they are used in the naming of such new arterial and collector streets and shall promptly file an updated list in the Office of the City Clerk. Local streets are named by developers as part of the Development Review Process. During the Development Review Process, staff reviews the proposed names of local streets to ensure that the selected names do not duplicate existing names, create confusion with other similar names within the City or adjacent areas, or are “sound-alike” to existing street names. When staff finds problems with a developer’s proposed names, they will reject the names under these criteria, but otherwise do not make changes to those names. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ATTACHMENTS 1. Administrative Naming Policy ORDINANCE NO. 134, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23, ARTICLE V, OF THE CODE OF THE CITY OF FORT COLLINS TO ADD NEW PROVISIONS RELATED TO THE NAMING OF CITY PROPERTIES AND FACILITIES WHEREAS, the City Code is silent as to the process for naming of City properties and facilities; and WHEREAS, the City Council has expressed a concern about establishing a systematic and consistent approach for the official naming of parks, recreational and cultural facilities, natural areas, trails, and other civic lands, buildings and facilities, and portions thereof; and WHEREAS, the objectives to be served through the naming of such City properties and facilities include: • fairness and appropriateness; • easy identification and location of City facilities by users, public officials and the general public; and • encouragement of the dedication of lands and facilities and the donation of funds by individuals and organizations; and WHEREAS, the City Manager has proposed and recommended to the Council the procedures and standards for naming of City properties and facilities as set forth below as new City Code Sections 23-141 and 23-142; and WHEREAS, the Council has determined that this issue should be addressed by amendments to Article V of Chapter 23 of the City Code, entitled City Facilities Generally, as provided below. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Article V of Chapter 23 of the City Code, entitled City Facilities Generally, be amended by the addition of a new Section 23-141 to read as follows: Sec. 23-141. Naming of properties and facilities for persons or entities. (a) The requirements of this Section shall apply to the naming of City-owned or operated properties or facilities for persons or entities, including but not limited to individuals, families, designated groups of persons, and for-profit and not-for- profit organizations and associations. Any property assets under the City’s ownership and control including parks, recreational and cultural facilities, civic buildings, natural areas, trails, or any portions of such properties or facilities shall be named in accordance with this Section, except that the naming of streets and alleys, to the extent carried out by the City, shall be governed by § 24-91. (b) The naming of a City property or facility, or portion thereof, for one or more persons or entities shall be approved by the City Council by resolution, after review by an ad hoc City Council committee formed for the purpose of selecting and recommending a name for such property, facility or portion thereof. The formation of an ad hoc naming committee may be initiated by request of the City Manager or the Mayor or by majority vote of the City Council. An ad hoc naming committee may seek such public input, and may request and consider proposals and recommendations of City boards and commissions and the City Manager, as said committee deems appropriate. A resolution approving a City property or facility name pursuant to this Section shall include a description of the donation or other significant service or benefit to the community, that is the basis for the designation of the name approved. The resolution shall further provide that the City may modify or remove the approved name in the future, in the event that the City Council determines such modification or removal to be appropriate in light of changed circumstances or other matters of public interest or convenience. Examples of such grounds for modification of an approved name include a change of use of the facility; a change in public perception of the name, or development of a new purpose or priority for the property named. (c) In the event that a significant financial donation has been made for the acquisition, construction or improvement of a property or facility, the property or facility or a portion thereof may be named either for the donor or in consideration of the wishes of the donor. Donations shall be of a significant size and proportion to the total cost of the property or facility or portion thereof to be named. Generally, the donation should be no less than seventy-five percent (75%) of the value of the property, facility, feature or portion thereof to be named. If such a donation is received from an individual, family or entity, the City Council will give significant weight to a naming or recognition request from the donor, but will consider such a request in light of other policy or practical priorities and concerns and the public interest in general. In some instances, the naming of a portion of a property or facility or a specific feature of the property or facility for a donor may be an appropriate alternative to naming the entire property or facility. (d) A property or facility or a portion thereof may be named for a community member or other significant contributor to the community, as set forth in this subsection. after solicitation of nominations from the general public for appropriate names of honorees. Other than names for donors as described in subparagraph (c), above, tTo be eligible for naming consideration under this subparagraph (d) a name must be either the name of a living person or an entity, or the name of a person deceased for no less than twelve (12) months at the time of nomination. Persons or entities for which a property or facility or portion thereof is named hereunder shall be determined to have provided significant service or direct benefit to the community that has endured, or will endure, over many years. -2- (e) Prior to final approval of the naming of a property or facility is named for a deceased person, the City shall make reasonable efforts to identify, locate and obtain the consent of next of kin of such person. Section 2. That Article V of Chapter 23 of the City Code, entitled City Facilities Generally, be amended by the addition of a new Section 23-142 to read as follows: Sec. 23-142. Naming of properties and facilities for other than persons or entities. (a) The City Manager is authorized to establish administrative rules and procedures for the selection and approval of names for City-owned or operated properties or facilities, except as specified in § 23-141 and § 24-91. All administrative naming of properties and facilities, and portions thereof, shall be in accordance with such rules and procedures. (b) The City Manager shall not name City owned or operated properties or facilities, or portions thereof, for products or commodities, and shall not offer for sale or auction the name or naming rights of any such property, facility or portion thereof. (c) In connection with the naming of such properties and facilities, the City Manager shall generally give preference to the use of names associated with geographic location, unique natural, historical or cultural features or significance, and the specific purposes of the property or facility, and the avoidance of confusion with existing facilities or locations. Introduced, considered favorably on first reading, and ordered published this 18th day of October, A.D. 2011, and to be presented for final passage on the 1st day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3- Passed and adopted on final reading on the 1st day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -4-