Loading...
#5 Discussion and action on proposed Yourth Sports Complex advertising policy CITY MANAGER’S OFFICE MEMORANDUM August 30, 2010 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Action on a proposed advertising policy at the Youth Sports complex. Request A citizen contacted the Council because she learned that her original donation advertising sign at the Youth Sports Complex was replaced with a new advertising sign that did not mention her family’s contribution. As a follow up from the November 9, 2009 meeting, this item was placed on the August 23, 2010 meeting. During the August 23 meeting, the Council had questions regarding oversight of the templates/signs and the item regarding alcohol/tobacco advertising and asked that it be brought back to the September 13, 2010 meeting. Staff Recommendation Staff recommends the Council approve the Janesville Sports Coalition Policy #2 titled Commercial Advertising on the Youth Sports Complex Grounds. City Manager Recommendation After the Council discussion on review of the advertising, we reviewed the matter at the staff level. Since the City Council currently does not review signage for other areas, I believed the best approach was to have the signage reviewed by Community Development with an appeal process that involved the City Council. Suggested Motion I move to approve the Janesville Sports Coalition Policy #2 titled Commercial Advertising on the Youth Sports Complex Grounds. Background Information about Original Donor/Advertising signs When the idea of a youth sports complex was conceived, donors were solicited to provide funding to develop the fields. To recognize their monetary contribution, a sign was placed next to the field. Staff initially could find no documentation that those signs were meant to be installed forever; however, staff found the original letter sent to prospective donors. The letter asks for funding to build the fields and states that business names will be “prominently displayed on that field on a permanent basis”, as attached. All of the Coalition groups understand that the original donor signs must stay present at the park. Maintenance of Original Signs At the August 23, 2010 meeting, Councilmember Rashkin suggested staff provide more information about the maintenance and future responsibility of the original donor signs at the Complex. The original donation signs are showing signs of age, wear and vandalism. Because of their height, children like to jump and play on them and they will 1 not last forever. In the case of the Rock Soccer fields, the original donor signs include the name of a former lessee. Coalition members have questioned who is responsible for the original signs (the City or the sports groups?) The leases do not indicate specifically who is responsible. This is a difficult predicament because with the City’s financial situation we are not inclined to become responsible for the signs, and thus, become the party to replace them in a few years (an estimated cost of $6,400 plus installation). The sports groups may be hesitant to take responsibility because they are finding it increasingly difficult to raise funds for their programs, particularly when they are seeing an increase in families requesting scholarships. Staff and the sports groups continue to discuss this issue to brainstorm a solution that works financially for the City and the groups, while also respecting the contributions of the original donors. Alcohol/Tobacco Policy Item At the August 23, 2010 meeting, the Council questioned the references to alcohol/tobacco at the Complex and was unsure the intent of this item. Staff has not allow rewritten this item. This item would alcohol or tobacco logos at the Complex. This item would allow restaurants or distributors that sell alcohol or tobacco to advertise with their name at the Complex, provided the ad does not depict alcohol, tobacco, or other products/services that are not keeping with youth values. Questions Regarding Advertising Authority All four of the sports group leases indicate that advertising is permitted on the fences; however, most of the fields do not have fencing. Instead of modifying each lease to allow advertising in other areas, staff has worked with the Sports Coalition to draft a policy outlining the parameters for advertising at the Complex, as attached. Councilmember Steeber indicated that he would like to see the Council approve this policy before it goes into effect. Sports Coalition Advertising Policy This policy provides guidelines for the use of advertising at the Complex. Highlights of the policy include: ? Original donors will always be recognized at the field with their sign at all times; ? All advertising signage must comply with all applicable laws and all city ordinances, including the sign ordinance; ? All sign concepts or sign templates must be reviewed and approved by the Janesville Sports Coalition Board of Directors; individual signs won’t be reviewed if they fit within an approved template/concept; ? The Community Development Department will review all sign templates and signs to ensure they conform to the Coalition’s policy and the City’s ordinances. ? Sports groups can appeal decisions of the Community Development Department to the City Council. ? The City must receive a copy of all advertising/naming rights/signage agreements; 2 ? If a sports group defaults on their lease, any new group is required to fulfill any existing agreements; ? The Coalition desires a consistent look among signs/advertising and will develop guidelines. ? Sports groups may retain the funding received from signage/advertising on fences; the perimeter of fields or future buildings funded by a sports group; and ? The City may retain the funding received from signage/advertising on any city- funded building (such as the existing pavilion/restroom building). Differences in Advertising Pricing/Options During the November 9 meeting, Councilmember Brunner asked if all of the sports groups should have the same ad pricing/options available to ensure consistency. Each club has different philosophies, facilities, structures, and activities present within their group; some sports groups may choose not to participate in advertising or recruiting for naming rights, while others may find these activities helpful to gain revenue for their operational and maintenance responsibilities. Because of these differences, having one set standard for pricing or ad options isn’t feasible. However, each group that sells advertising or naming rights must provide the City of Janesville a copy of their advertising or naming rights agreements to ensure the City is aware of their advertising/naming rights decisions and contracts with vendors. Club Defaulting During the November 9 meeting, Councilmember Brunner asked what would happen if a club went defunct or left the Complex while having outstanding advertising agreements. Should a group default on their lease with the City of Janesville or choose to not renew their lease, any future sports group that leases an area containing advertising/naming rights options will be required to fulfill any advertising or naming rights commitments until such time as the advertising/naming rights agreement is completed or until such time the new sports group and the initial advertiser/naming rights vendor agree to stop their relationship. The City would already have copies of those agreements and any new sports group would be made aware of that requirement before choosing to move forward with a lease. Consistency of Advertising The Coalition desires that the advertising have a consistent feel and the Coalition will develop these standards. The group recognizes that some of the existing or planned signage/advertising may need to be altered to achieve consistency. The Coalition also recognizes there may be differences between signage on the west and east sides due to differences in facilities, structures, and activities. City Advertising Benefits at the Complex As part of the advertising policy, the City would be able to advertise within the restroom/pavilion building and any future buildings funded by the City and retain all funding. This concept fits nicely with the City’s concept to examine advertising opportunities at municipally-owned facilities. 3 Original Donor Recognition The Coalition recognizes the significant contributions of the original families and businesses that donated monetarily and physically to make the fields and the Complex a reality. To identify their contributions in perpetuity donors to the original sixteen fields will be recognized at each field permanently. Original donors will always be recognized at the field with their sign at all times. Next Steps If Council approves this policy, staff sees the next steps for this project as follows: ActionExpected Completion Date Youth Sports Coalition review and approve Council-approved policy September 15, 2010 Provided the Coalition approves policy on 9/15/10, distribute finzalized policy to Council and Coalition late September 2010 Coalition develop signage/advertising guidelines for consistencyCompleted by May/June 2011 Continue discussion of original donor sign maintenance Ongoing Conclusion Staff feels this proposal addresses the issue of the original donors and each business or family’s legacy of contribution, while also providing a mechanism for the sports groups and the City to benefit from future advertising opportunities at the Complex. CC: Eric Levitt, City Manager; Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services 4 Janesville Sports Coalition, Inc Policy Statement Policy No. 002 Date Approved by Coalition Board: Date Approved by City Council: Effective Date Cancellation Date Supersedes No. Subject: Commercial Advertising on the Youth Sports Complex Grounds Purpose of Policy The purpose of this policy is to establish consistent and enforceable guidelines under which the members of the Janesville Sports Coalition, Inc. can install commercial advertising on their respective leased premises in a manner which is not offensive and in keeping with the values of youth sports. References 1. Lease agreements previously executed between the City of Janesville and the four lessees of Rock Soccer, Inc., Youth Football, Inc., Youth Baseball Inc., and the Janesville YMCA. a.) 4. Use (K) – Lessee may install certain advertising signs on fences consistent with City ordinances and guidelines established, from time to time, by the City. 2. Each individual club is to create their own policy on their field naming rights and the appropriate amount of money that they could request for these respective naming rights. (adopted motion from 3/11/08 Coalition meeting) 3. The Coalition recognizes that the possibility of advertising or examining naming rights options is different for each group due to the philosophies, facilities, structures, and activities present within each sport group; some sports groups may choose not to participate in advertising or recruiting for naming rights, while others may find these activities helpful to gain revenue for their operational and maintenance responsibilities. Additionally, each sports group will likely have differences in the number and price of their advertising or naming rights options. Therefore, any sports group that sells advertising or naming rights must provide the City of Janesville a copy of their advertising or naming rights agreements to ensure the City is aware of their advertising/naming rights decisions and contracts with vendors. Should a group default on their lease with the City of Janesville or choose to not renew their lease, any future sports group that leases an area containing advertising/naming rights options will be required to fulfill any advertising or naming rights commitments until such time as the advertising/naming rights agreement is completed or until such time the new sports group and the initial advertiser/naming rights vendor agree to stop their relationship. Statement of Policy 1. This policy shall be binding on all current and future lessees at the Youth Sports Complex. 2. The policy may be changed and modified by a majority vote of the Board of Directors of the Janesville Sports Coalition, Inc. Anytime significant 1 Janesville Sports Coalition, Inc Policy Statement Policy No. 002 Date Approved by Coalition Board: Date Approved by City Council: Effective Date Cancellation Date Supersedes No. Subject: Commercial Advertising on the Youth Sports Complex Grounds changes are made a revised copy of the approved policy is subject to approval by the City Council before taking effect. 3. The Janesville Sports Coalition Inc., which is assigned overall jurisdictional control and responsibility for the Youth Sports Complex, hereby agrees and adopts the following policy guidelines and procedures. Guidelines 1. All advertising signage must comply with all applicable laws and all city ordinances, including the sign ordinance. 2. In recognition that groups wish to develop a sign concept or sign templates and fulfilling sponsor requests is a timely affair, the Coalition will not review individual signs, as long as they meet the guidelines set forth in this policy and their design is within the organization’s approved sign concept or template. Any and all sign concepts or sign templates must be reviewed and approved by the Janesville Sports Coalition Board of Directors. Significant changes to sign concepts and sign templates must return to the Coalition for review. Signs that do not fall into an approved sign concept or sign template must be reviewed and approved individually by the Coalition. The Coalition will not unreasonably withhold approval of an organization’s sign concept, template or sign request. 3. When bringing forward an advertising sign concept, sign template or sign for review, the group should provide sufficient detail so that the Coalition may make an informed decision. Examples of details that may be helpful include location, size, material, a map, a rendering or color information. 3.4. The Community Development Department will review the Coalition’s sign templates and all advertising signs to ensure the templates and signs conform to the guidelines set forth in this policy. Sports Coalition groups may appeal decisions of the Community Development Department to the City Council. 4.5. Rock Soccer, Youth Football and the YMCA desire a consistent look among fields and sports group on the west side of the complex. Likewise, Youth Baseball and Softball desire a consistent look for their signage on the east side of the complex. Therefore, the Coalition will work together to develop guidelines for consistent advertising signage. The Coalition recognizes that some existing or planned signage/advertising may need to be altered for consistency. The Coalition also recognizes there may be differences between signage on the west and east sides due to differences in facilities, structures, and activities. 5.6. Advertising for alcohol (including Aalcohol or tobacco company logos), tobacco or other products and services which are not in keeping is strictly prohibited with youth values . Restaurants or distributors may advertise with their name at the Complex, provided the ad does not 2 Janesville Sports Coalition, Inc Policy Statement Policy No. 002 Date Approved by Coalition Board: Date Approved by City Council: Effective Date Cancellation Date Supersedes No. Subject: Commercial Advertising on the Youth Sports Complex Grounds include logos or paraphernalia depicting alcohol, tobacco, products or services which are not keeping with youth values. a.Groups may obtain advertising from businesses that sell alcohol, provided the advertising does not present or depict alcohol sales, tobacco sales, other products and services which are not in keeping with youth values or include alcohol company logos. 6.7. Sports groups are responsible for keeping advertising signs well- maintained and attractive. 7.8. No field advertising may be directly lit with supplemental lighting; however, scoreboards may be lit, provided they conform to city ordinances. 8.9. All advertising signs, panels, banners, etc. must be properly secured and mounted to prevent damage or unsightly appearance. 9.10. No commercial billboards will be permitted unless approved by the Plan Commission. 10.11. No electronic advertising signs will be permitted; however, indoor electronic “zipper” signs for concession sales are permitted. 11.12. Advertising may be placed on fences; around the perimeter of the fields; nets; light poles; or on any existing or future buildings funded by a sports group. 12.13. Taking into consideration the maintenance and operational responsibilities of each user group for the fields, the sports groups may receive and retain revenue, financial proceeds or services-in-kind from advertising signs placed on fences; around the perimeter of the fields; or on any existing or future buildings funded by a sports group. 14. Taking into consideration the City’s contributions of the initial restroom and pavilion and continual maintenance of this building; payment of utility fees; and ownership of the Complex land, the City of Janesville retains the right to advertise within the existing and any future restrooms, pavilions or other city-funded buildings and may receive and retain revenue, financial proceeds or services-in-kind from those advertising signs. The City of Janesville would bring forward for review and approval any advertising signage to the Coalition in accordance with this policy for advertising present at the sports complex only. Original Donor Recognition The Coalition recognizes the significant contributions of the original families and businesses that donated monetarily and physically to make the fields and the Complex a reality. To identify their contributions in perpetuity donors to the original sixteen fields will be recognized at each field permanently. Original donors shall be recognized at the field with their sign at all times. 3 Janesville Sports Coalition, Inc Policy Statement Policy No. 002 Date Approved by Coalition Board: Date Approved by City Council: Effective Date Cancellation Date Supersedes No. Subject: Commercial Advertising on the Youth Sports Complex Grounds Procedures 1. The Board of Directors has the authority to establish additional rules and guidelines which they determine to be in the best interest of the Youth Sports Complex, the lessees and the City of Janesville. These rules and guidelines shall not be to the detriment of previously approved signage or advertising. 4