HomeMy WebLinkAbout6A - Public Hearing on Private Signs on Public Property Ordinance to permit Temporary Banners, SignsTO: Parks aad Recreation Advisory Board
FROM: Jan Geden, CPRP, Director of Parks and Recreation
Sarah DeSouza, Policy and Information Services Manager
SUBJECT: Public Hearing and comment on Private Signs on Public Property
Ordinance to permit Temporary Banners, Signs or other Decorations
Celebrating Special Events or Occasions on Public Property (Council
Agenda Item Amending Section 8-6-11. B.R.C. 1981)
DATE: April 19, 2006
Attached is a copy of the City Council agenda item which proposes changes to Section 8-6-11 of
the Boulder Revised Code, 1981, allowing greater clarity and flexibility for temporary special
event banners in the public right-of-way. A first reading of this item was conducted at the City
Council meeting on April 18 with no comment or amendment. A public hearing on this matter
will be conducted on May 2.
The changes would allow for adding wording on banners to promote celebrations and special
events, and also allow for banners to have the ability for limited sponsorship acknowledgement
on them. The greater exposure these changes provide can result in higher attendance at events
and additional revenues. The changes would support local, cultural, civic and athletic events as
well as the city's tourism efforts and the ongoing development of the Sports Alliance.
These proposed changes aze of benefit to the Department of Parks and Recreation. As we
continue to move forwazd with our increased sponsorship and mazketing efforts, these changes
will allow for better leveraging in sponsorship discussions and also provide direction to the
department regazding any temporary sponsorship signage for city owned sites such as the
Boulder Reservoir and Flatirons Golf Course.
Molly Winter, Director of the Downtown and University Hill Management Division/Parking
Services or a member of the City Attomey's Office will attend the Apri124 meeting of the Parks
and Recreation Advisory Boazd to provide a verbal update on the item and answer any questions.
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: April 18, 2006
AGENDA TITLE: First reading and consideration of Ordinance No.
amending Section 8-6-11, B.R.C. 1981, Introduction, first reading and consideration of
a motion to order published by title only an ordinance amending Section 8-6-11, B.R.C.
1981, "Private Signs of Public Property" to permit Temporary Banners, Signs or other
Decorations Celebrating Special Events or Occasions on Public Property and setting forth
related details.
PRESENTER/S: Frank Bruno, City Manager
Ariel Calonne, City Attorney
Molly Winter, Director, Downtown and University Hill
Management Division and Parking Services
Donna Gartenmann, Arts and Cultural Programs Manager
EXECUTIVE SUMMARY:
The purpose of this agenda item is to propose changes to Section 8-6-11 of the Boulder
Revised Code, 1981, allowing greater clarity and flexibility for temporary special event
banners in the public right-of-way. The changes aze:
• adding language defining banner subject matter: in celebration of a special event
or occasion which serves a civic interest and which occurs in Boulder, is
sponsored by the city or is connected to Boulder's history.
• providing for a limited area on the banners (10%) for sponsorship information.
• creating city manager regulations that would determine limitations for banner
location, size, duration of and conditions for display.
The proposed changes would expand the decades-old banner programs on the Hill and
Downtown to specific, major corridors - 28`~ Street, Broadway, Canyon Boulevard
and Baseline. Banners would be attached vertically on Xcel light poles. The changes
would support local, cultural, civic and athletic events as well as the economic vitality
of the city's tourism effort and growing Sports Alliance.
Questions for Council:
1. Does Council support the changes to Ordinance # allowing for special event
banners in the public right-of-way?
2. Does Council support the City Manager in developing regulations and guidelines
for special event banners?
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IMPACTS:
• Economic: The event banners aze a celebration of cultural, historic and artistic
nature of our community. The festive announcements entice community members
and visitors to attend an event ar festival which in turn enhances the economy of
Boulder. In the Tourism Plan for Boulder there is estimated spending for different
types of tourists. Each `day' visitor is estimated to spend $72 per visit, while an
`overnight visitor' spends $161 to $264 per day. With over 2,345,000 visitors
annually, this contributes over $103 million to the City of Boulder General
Revenue fund. The event banners aze a reminder of our world class festivals and
events, and if a visitor extends stay' from a`day visitar to an overnight guesY this
translates to a success for all.
There is also an economic benefit to the local artistic and cultural organizations
by promoting their events through the banner program. Greater exposure to
Bouldez citizens and visitors can result in higher attendance and revenues.
Additional financial impacts to the city budget would be negligible. Current
district banner programs are already covered in the DUHMD/PS budget. The
BCVB and Arts Commission have provided funding for the 28`~ Street Gateway
banner program. Expansion of the banner infrastructure to other designated azeas
is planned over time through budgeted funds from the city and the BCVB. The
costs of banner production and installation wouid be the responsibility of the
sponsoring organization.
Environmental: No environmental impacts are anticipated. Banners have been
displayed in the public right-of-way for decades in the downtown and in the hill
commercial district without consequence to the environment. The increase in
"visual clutter" as that term is used in the city's sign ordinance, would be minimal
because the area in which banners would be permitted is very small, and the
locations have been chosen, in part, for compatibility with a banner program.
Social: An expanded banner program would provide greater visibility within the
community for local cultural, civic, artistic, athletic, educational events and
institutions, as well as expose these local events to out of town visitors and
tourists.
OTHER IMPACTS:
The proposed changes would have moderate impacts to staff resources. The
DUHMD/PS's operatipns coordinator is designed to handle banner permitting.
The position aiready is responsible for the existing banner coordination within the
downtown and hill areas. Since the coordinator currently is the central liaison for
all special events citywide, the position has contact and a permitting role with
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many of the events that may wish to participate in the banner program. Adding
the banner component onto the existing event permitting process would be
efficient and provide a sole point of contact for the event producer. The city's arts
coordinator would also play a role in contacting local arts and cultural
organizations about the banner program opportunity.
Coordination with Public Works and Xcel staff will also be required.
BOARD AND COMMISSION FEEDBACK:
The Boulder Arts Commission is in support of the concept of using banners to promote
local cultural and artistic events and collaborated with the Boulder Convention and
Visitors' Bureau to fund the infrastructure and banners for the gateway banner program
on 28~' Street. The specifics of the modified ordinance and city manager regulations will
be presented to the Arts Commission on April 19'~'. Their comments will be included in
the second reading agenda item.
PUBLIC FEEDBACK:
Both city and Convention and Visitors' Bureau staffhave heazd from numerous local
organizations requesting banners in the public right-of-way for their events. These
include Colorado Shakespeare Festival, Bolder Boulder, Farmers Mazket, the Dairy,
Open Studios, Colorado Music Festival, Conference on World Affairs, International
Dance Festival, Boulder International Film Festival and the Jewish Festival. Also, as the
city works with the Sports Alliance (a coalition of the city's Pazks and Recreation
Department, BCVB and the Boulder Valley School District) and through other venues to
promote Boulder as a location for spectator and competitive sporting events, the
sponsoring organizations have an expectation and desire to install banners promoting
their events to the Boulder community, i.e. the returning American Volleyball
Professional Pro Beach Volleyball tournament in this summer, and the new NCAA
National Track competition in February 2007.
The Boulder Convention and Visitors' Bureau Board of Directors supports the proposed
changes, as well as the Boulder Mote] and Hotel Association, as they provide greater
flexibility to promote tourism and special events.
STAFF RECOMMENDATION:
Staff recommends the approval of the ordinance changes and development of city
manager regulations for temporary banner installations in the public right-of-way.
ANALYSIS:
Background:
Thematic and seasonal banners have been in integral part of the urban streetscape
amenities on the Peazl Street Mall and on the Hill for decades. Mounted on pedestrian
streetlights, these decorative elements provide an aesthetic and colorful accent as well as
creating visual continuity and~identity to the commercial districts. The mall
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improvements completed in 2001 expanded the mall banner program with the addition of
pylon elements with banner attachments as well as adding banners just off the mall on the
east and west ends. When the Downtown Boulder Business Improvement District was
established, the mall banner program was expanded to include the burgeoning east and
west ends of Pearl Street in an attempt to tie the downtown together and create a visual
clue that one was entering the downtown area.
In 2004, complementing the 28`~ Street streetscape improvements, the Boulder
Convention and Visitors' Bureau (BCVB) with support from the Boulder Arts
Commission created a visual gateway into Boulder on 28`h Street from Baseline to
Arapahoe by mounting banner brackets on the Xcel light poles and commissioning
artistic banner designs representing hallmazk activities in the Boulder community, i.e.
biking, the arts, dining, kayaking, etc.
Proposed Changes
Staff is proposing two things: first, to change the ordinance in Section 8 to provide
greater flexibility for the types of stationary banners in the public right-of-way to include
events that celebrate a special event or occasion which serves a civic interest and which
occurs in Boulder, is sponsored by the city or is connected to Boulder's history, and
allow for limited sponsorship acknowledgement; and, secondly, to refine and augment
city manager regulations for banners in the public right-of-way.
1. Ordinance ChanQes
The city's current sign regulations draw a sharp distinction between signs on private
property (Chapter 10-11, B.R.C. 1981) and signs on public property (e.g., Sections 8-6-
11, B.R.C. 1981). Signs aze permitted on private property, but they aze regulated to
prevent visual clutter and traffic hazards from the inevitable din caused by multiple signs
competing for attention. On public property, unless there is a lease, special event, or
utility easement that essentially "privatizes" the azea, signs aze simply forbidden.
This distinction is based, in part, upon concerns about limits on the city's power to
regulate the content and viewpoint of speech on public property. Signs are a recognized
form of speech. Under well-established First Amendment case law, it is very difficult to
establish the "compelling interesY' necessary to regulate the content or viewpoint of
speech. The city's current ban on public property signs may well have been based upon
feaz about opening the door to offensive or commercial speech on public property if any
slgns at all were permitted. In other words, the city may have feazed losing the ability to
control the content of signs placed on public property.
The extent of free speech rights on public property depends on the nature of the "forum."
Pazks and sidewalks, like the Peazl Street Mall, aze so-called "traditional" public forums
(fora) in which virtually all speech must be accommodated. In addition, the courts have
recognized that cities may create "designated" public fora by opening property for use by
the public as a place for expressive activity. In order to regulate the content of speech in
a traditionai or designated forum, the city must show that its regulation is necessazy to
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serve a compelling state interest and that it is narrowly drawn to achieve that end. That
standazd is very hazd to meet.
However, the courts have also held that public property which is not by tradition or
designation a forum for public communication may be govemed by more restrictive
rules, i.e., these areas are easier to regulate. The forum may be reserved for its intended
purposes, communicative or otherwise, as long as the regulation on speech is reasonable
and not an effort to suppress a particular viewpoint. The city council chamber is an
example of a place where content regulations on speech aze tolerated using the
reasonableness test. For exaznple, it is conceivable that public participation might be
limited to matters affecting the city, or within the city's jurisdiction. Or, the council
might require audience members to wave their hands rather than clapping when
supporting a speaker.
Case law now makes it clear that using electroliers (street and pedestrian light fixtures)
and poles for limited purposes like minor advertising or special event notices, and
disallowing political speech, shows that there was no legislative intent to open the forum
to general discourse. The City Attorney believes that the city can open electroliers and
poles to temporary banners, signs or decorations without creating a designated public
forum upon which all speech must be allowed. The proposed ordinance has strict
limitations to avoid creating a designated forum. It would permit only temporary
banners, signs and other decorations that are in celebration of a special event or occasion
which serves a civic interest and which occurs in Boulder, is sponsored by the city or is
connected to Boulder's history. Commercial use is permitted in the form of small
sponsorship names or logos.
2. Citv Manager Regulations for Banners in the Public Right-of-Wav
Current Situation: District Banner Program:
As mentioned above, the downtown commercial district, including the Pearl Street Mall,
and the Hill commercial district have existing banner programs that focus on seasonal,
thematic images. The funding for the district banner programs are provided by UHGID
for the Hill and a partnership of the city's DUHMD& PS and the Downtown Boulder
Business Improvement District for downtown. Several times over the year, the
University of Colorado has provided thematic CU banners for both the Hill and
downtown. On the Pearl Street Mall, a location is designated on each block that is
available for banners for both citywide and mall specific special events provided by the
organization. Examples have included Boulder Intemational Film Festival, DBI's Fall
Festival, and important anniversaries of Boulder institutions like NCAR, CU and Rotary.
Coordination is handled by the DUHMD&PS's operations coordinator. The banners aze
allowed to be displayed three weeks in advance and one week after the event.
Current Situation: 28'k Street Gateway Program
The BCVB has received all necessary permits and approvals from both the city of
Boulder and Xcel to install infrastructure and banners on light poles along 28th Street
between Baseline and Arapahoe. This includes traffic lane closure plans by an approved
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vendor for installation and removal. The banner program changes annually and all costs
for the 28~' Street Gateway program aze bome by the BCVB and the Boulder Arts
Commission.
Proposed Changes to the City Manager Regulations regarding Banners:
DistricU28~' Street Gateway Program:
The concept of maintaining a thematic district-wide approach to the downtown and hill
and the 28~' Street Gateway banner programs will remain intact. A modification is being
incorporated into the district program to include the opportunity for city permitted and/or
leased events on or abutting public right-of-way to hang banners promoting the permitted
event. For example, this would allow the Fazmers' Mazket to have banners along 13`h
Street between Canyon and Arapahoe, for permitted events on the Pearl Street Mall to
display additional banners, or for banners promoting the Boulder Creek Festival within
the Civic Pazk area.
New Corridor Banner Pro~ram:
The major changes to the city manager regulations would be focused on the azeas
proposed along major arterials. Prior to finalizing the regulations they would be
reviewed and approved by the city's Planning and Development Services Department,
CDOT and Xcel. The regulations, which aze required by the proposed ordinance, would
detail the following items:
Location: The first phase new special event banner program is proposed along 28`"
Street north of the Gateway location to Peazl Street, on Canyon between 28u and 9`~
Streets, Broadway between Euclid and Universi~, and Baseline between 28`~ and
Baseline. Currently brackets aze installed on 28 Street between Baseline and Arapahoe.
Plans aze in place to expand the bracket infrastructure over time as funds aze available
from the BCVB and the city in such locations as Broadway between 28~' and Violet and
along Folsom. Additional locations could be considered at a later date. (See Attachment
B.)
Qualifications: The temporary banner program would be permitted for celebration of a
special event or occasion which serves a civic interest and which occurs in Boulder, is
sponsored by the city or is connected to Boulder's history.
Sponsorship Information: Event sponsor name and logo would be limited to 10% of the
total banner area, and final designs must be appraved by the city to ensure compliance.
No more than two sponsors would be permitted. The range of permissible sponsorship
azea allowed by other cities ranges from 20% in Los Angeles, to 5 or 10% in Denver
depending upon circumstances. Ten percent is a reasonable mid-range which will not be
an obstrusive element of a typical banner.
Fabrication and Instaltation: Staff will be sending out requests for proposals for banner
fabrication and installation companies to provide a shoft list of qualified vendors for
event producers and organizations. All banner permittees must use one of the approved
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companies to ensure consistent quality of materials and accuracy of specifications of the
banner - as determined by the city of Boulder, as well as to ensure safety during
installation and take-down. All vendors would be required to follow approved traffic
lane closures as well as to provide adequate insurance. The banner permittee would be
responsible for caze and maintenance of the banners during the duration of the permit.
Costs: The event producer or organization would be responsible for all costs associated
with banner production and installation. In addition, the organization would be required
to provide proof of insurance. Banner brackets would be provided the BCVB and the city
of Boulder.
Duration: Banners would be permitted three weeks prior to the event date and be
required to be taken down within two days.
Specif:cations: Banner specifications for each azea would be pre-determined by the city
of Boulder, including size, type of materials and attachment mechanism.
Permit Fee: Staff is considering the potential of a permit fee. The amount of which
would be derived only from costs associated with maintenance and expansion of the
banner brackets. Cost allocation of staff time to administer the program would not be
included.
Allocation: Location and timing of banners would be allocated on a first come, first
served basis. If there aze multiple requests for a location, the following criteria would be
used for resolution. Preference would be given to the event that: has the longest history
in the city, and for the event of the longer duration. An option will remain of using a
random lottery method.
Management: The banner permitting program would be administered by the DUHMD &
PS Division through the citywide operations coordinator position.
Number: In order to promote visual continuity and avoid visual clutter, minimum
number of banners will be determined. Staff is proposing a minimum of three contiguous
locations along a comdor with a potential minimum of nine banners depending on the
individual configuration of the banner location.
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Questions for Council:
1. Does Council support the changes to Ordinance # allowing for special event
banners in the public right of way?
2. Does Council support the city manager in developing regulations and guidelines
for special event banners?
Approved By:
Frank W.Bruno,
City Manager
ATTACHMENTS:
Attachment A: Ordinance #
Attachment B: Map of Proposed Banner Locations
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