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Page 1 of 3 Ogden City Council Meeting: April 18, 2017 PROPOSED REQUIREMENTS FOR THE DONATION OF BENCHES FOR PUBLIC SPACES Action: Adopt/Not Adopt Ordinance Executive Summary The City Council has received a proposal from the Administration to modify the city’s donation policy to allow the Mayor to approve and manage the donation of benches in public spaces through administrative policy, with the exception of benches in the cemetery and public right-of-ways which are addressed otherwise. Background April 11, 2017 – Council Work Session This proposal was presented to and discussed by the City Council. The following items were included in the Council’s discussion: The desire for this ordinance is to simplify the donation process for benches to make it easier and faster for prospective donors; The Administration has received several requests to donate benches to the city, and described that a policy will be helpful in providing uniform requirements; A donated bench could be a variety of materials based on the placement and size of the structure. The Administration won’t stipulate what materials and brands of benches are used, but will work with donors to approve the quality and durability of materials prior to installation; and Installation and maintenance would be managed through Administrative policy in coordination with the donors. As part of this discussion, some modifications were discussed to simplify the ordinance and remove specific requirements for a nameplate to be placed on a donated bench, to remove a requirement of relation to donate in honor of a deceased individual and to limit Planning Commission review of donated benches to times when the placement of a bench impacts the use of property. ---PAGE BREAK--- Page 2 of 3 Ogden City Council Meeting: April 18, 2017 Additional Background The City has received many inquires about donating benches for placement on public property. Some donations have been permitted in the past, and it is desired that a uniform ordinance and administrative policy be established to better address these requests in the future. Current Policy (Ogden City Municipal Code § 6-4-2 and 6-4-3) Currently, structures cannot be placed on city property unless authorized by the City Council and Mayor through a joint resolution, with the exception of public art which uses a different process that is defined by ordinance. The Mayor finalizes approval of these structures and ensures consistency with an adopted joint resolution. Once a structure or monument is placed on city property, this becomes the property of the city with a few minor exceptions. Any proposed structure is reviewed by the Planning Commission for compliance with the city’s general plan and other ordinance requirements. If desired, the Mayor may also involve other city committees to assist in the review of a proposal. The placement of a structure cannot interfere with the normal and intended use of city property, easements or utilities. Maintenance and care responsibilities are identified and assigned as part of the approval process. No donation can be accepted without the costs of installation and any related site improvements being identified. The Mayor determines whether these costs will be included as part of the donation or incurred by the city. The city retains final approval over a structure’s location, dimensions, materials, design, and content. Donors who contribute to the cost of a structure may be recognized through a non-dominant feature and identification of donors is limited to the name of the donor expressed only in writing and not through logos or trademarks. The city also maintains the ability to repair, remove or relocate any donated structure. ---PAGE BREAK--- Page 3 of 3 Ogden City Council Meeting: April 18, 2017 The Mayor is required to explore with potential donors the possibility of establishing a fund to assist the city in future maintenance. However, under no circumstances are maintenance requirements assigned to the donor. The city also maintains the option of refusing a donated structure when appropriate. Proposal The Administration is recommending the adoption of an ordinance to allow donated benches to be approved and managed through administrative policy. The ordinance makes the approval of a bench an exception to the requirement for a joint resolution. The proposed ordinance also adds new references to benches throughout the donation policy, which are not currently included. Under this proposed ordinance, the Mayor, or the Mayor’s designee, would approve the location, dimensions, materials, design and content of a donated bench. The ordinance also allows for a donated bench to include a nameplate with either the name of the donor or the name of a deceased individual related to the donor, the words “in memory of” and the year of the deceased individual’s birth and death. The proposal doesn’t change the city’s ability to repair, remove or relocate a bench, if needed, and to determine whether or not to accept the donation of a bench. Attachments 1. Administrative Transmittal 2. Proposed Ordinance Administrative Memo Prepared by: Administrative Contacts: Jay Lowder, Public Services Director, (801)629-8215 Council Staff Contact: Amy Sue Mabey, (801)629-8629 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK---