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01-24-22 Work Session Agenda and Materials Page 1 of 1 CITY COUNCIL WORK SESSION AGENDA January 24, 2022, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East The public can participate in person in the council chambers or via videoconferencing. Register to join the video conference at: https://us02web.zoom.us/webinar/register/WN_sIm8M3iOTS6MZv1Tyahn8w Public comment can also be provided via email to publiccomment@kalispell.com. A. CALL TO ORDER B. DISCUSSION ITEMS 1. Banner Policy C. PUBLIC COMMENT Persons wishing to address the council are asked to do so at this time. Public comment can be provided in person, verbally during the online meeting, or via email to publiccomment@kalispell.com D. CITY MANAGER, COUNCIL, AND MAYOR REPORTS E. ADJOURNMENT UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Regular Meeting – February 7, 2022, at 7:00 p.m. – Council Chambers Next Work Session – February 14, 2022, at 7:00 p.m. – Council Chambers Watch City Council sessions live on Charter Cable Channel 190 or online at the Meetings on Demand tab at www.kalispell.com. Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Kalispell City Council FROM: Jarod Nygren, Development Services Director SUBJECT: Banner Policy DATE: January 24, 2022 (Work session) BACKGROUND: The City often gets questions from groups running special events within the City of Kalispell if they can hang banners advertising their event across Main Street. As part of the funding of the Kalispell Parkline there was also discussion about banners/flowers on the light poles along the trail. The Council did ultimately fund the banner/planter arms on 28 poles spread out along the Kalispell Parkline for the purpose of hanging banners and flowers. Resolution 3990 is the current policy in place regarding the placement of banners, however, this policy does not address the Kalispell Parkline. Additionally, the policy has not been in practice for years over Main Street as MDT has been hesitant to allow banners over the public right-of- way and there are structural deficiencies with the poles at the locations where the banner can be hung. As there is a desi re to allow for banners in the City, staff has drafted an updated set of policies for discussion. RECOMMENDATION: It is recommended that the Council review the DRAFT policies and application process for banners and direct staff as necessary. ATTACHMENT: DRAFT Banner Policy and Application Page 1 of 5 CITY OF KALISPELL MAIN STREET AND PARKLINE BANNER APPLICATION (Please read and follow the instructions to insure the best service) A Banner Permit is required for applicants seeking to make use of city property and public rights- of-way. The purpose of the Main Street and Kalispell Parkline Banner Program is to protect the health, safety and general welfare of the people residing in or visiting the City of Kalispell and to promote the tourist industry by specifying the type, location and duration banners may be allowed to extend within the public right-of-way within the City limits of Kalispell. Definition: Banner – A banner sign means a sign composed of light-weight material erected over public right- of-way for a limited duration to emphasize a particular non-profit or government entity event, activity, or celebration. BANNER REQUIREMENTS 1. Banner advertises an event sponsored by a non-profit or a government entity or highlights activities and interests occurring in or around the City of Kalispell. 2. The maximum time that a banner may be installed is 14 days. An organization may, after the expiration of a permitted 14-day period, reapply for an additional 14-day period to begin no less than 6 months from original date. 3. Per Montana Department of Transportation regulations, all banners must be for events sponsored or promoted by the City of Kalispell for benefit to the City and/or Community of Kalispell. NO BUSINESS NAMES are allowed on any portion of the banner, even as a sponsor. Banners are not to be used for advertising or promoting political candidates, parties or issues. 4. Main Street Banner size is, per MDT guidance: XX feet by XX feet with rope leads of XX feet on each end, two on top and two on bottom. Banner must have metal grommets and wind slits. 5. Parkline Banner size is: 22” across at top, 60” long at pole, triangular. There are 28 poles. 6. All banners will be custom built. All banners shall be built of adequate canvas with double stitched edges. Banners shall contain wind flaps not less than 18 inches apart. 7. Banners will be installed and removed on Mondays. 8. Installation and removal of banners must be completed by an approved contractor. Please refer to attached list. 9. Coordination with other organizations for installing and removing banners is the applicant’s responsibility. 10. At their discretion, organizations may choose to share a banner for a display period. 11. Banners must be printed on both sides. Page 2 of 5 APPLICATION REQUIREMENTS 1. Complete and return the application to the City XXX Office with non-refundable Banner fee of $xx; 2. Proof of status as non-profit organization/event or governmental entity; 3. Certificates of insurance must be provided with application: liability insurance with the minimum limit of $750,000 for each claim and $1.5 million for each occurrence. Certificates of insurance must name the City of Kalispell as certificate holder or as an additional named insured on the policy. Certificates of insurance MUST BE PROVIDED FOR BOTH the non-profit organization/governmental entity AND the company installing/removing the banner(s). Following review by the City XXX Office, the applicant will be contacted with either an approval or for a meeting to determine if the application submitted may be changed to meet requirements of the City. The applicant must provide the appropriate fee to the City XXX Office before the final, signed permit is issued. Please complete the attached form and return it to: Kalispell XXX Kalispell City Hall 201 First Avenue East Kalispell, MT 59901 (406) 758-XXXX XXXX@kalispell.com Date Application Received: _____________ Date Issued: ____________ Page 3 of 5 CITY OF KALISPELL MAIN STREET AND PARKLINE BANNER PERMIT APPLICATION Application must be filled in completely. Requests for a Banner Permit must be received no less than 60 days in advance or requested display start date. Applications will be processed on a first come, first served basis. Name of Sponsoring Organization: _________________________________________________ Organization Contact Person: Contact Phone #: Contact Email: Is the organization/event non-profit or a governmental entity? ________ If non-profit, copy of current IRS determination letter must be attached. Name of Event: Event Date(s): _____________________________ Does the event take place in Kalispell? _________ Requested dates for banner display. First Choice: _____________________________________ Second Choice: __________________________________ Proposed banner wording and design: Requester Banner Location(s): Main Street: North at Kalispell Parkline Trail Crossing _____________________ South at 12th Street: ______________________________ Parkline Trail: ______________________________________________ Page 4 of 5 INSURANCE BOTH the non-profit organization or governmental entity AND the banner installer must provide: A Certificate of Liability Insurance with the minimum limits of $750,000 per claim and $1.5 million per occurrence. The Certificate of Insurance must name the City of Kalispell as certificate holder or as an additionally named insured on the policy. The proofs of insurance must be submitted to the Kalispell City XXX Office prior to any permit being issued. For insurance questions please contact the City XXX Office at (406) 758-XXXX. TERMS AND CONDITIONS As an agent and acting on behalf of the requesting organization, I hereby certify that the information above is complete and correct. I further understand that it is my responsibility to ensure that my organization fully understands that the City of Kalispell and the State of Montana do not endorse, encourage, condone, or protest the said banner and associated event. It is further my understanding I will advise my organization that the City of Kalispell and the State of Montana will be held harmless and will not be responsible for injuries, damages, or deaths resulting from or while participating in the event advertised by the banner. ACKNOWLEDGMENT OF LEGAL RESPONSIBILITIES By signature below I acknowledge that the applicant is responsible for all required information per the application and for adherence to the Kalispell Municipal Code and regulations, as well as the laws of the State of Montana. I understand that I must pay the fee as required. I understand at the City’s discretion, banners may be removed at any time. In such case where banner is removed by the City, the applicant will be charged time and material costs. I have read and understand all policies and regulations contained in the permit. ________________________________ __________________________ Signature of Applicant Date Print Name: ___________________________ Title: ________________________________ ______________________________________________ Organization Page 5 of 5 INTERNAL APPROVAL PROCESS DO NOT WRITE BELOW THIS SPACE (FOR CITY USE ONLY) Signature Circle One Date XXX Office: _________________________________ Approve / Deny ____________ Date Permit Issued: __________________ OR Date Permit Denied: ____________________ Reason for Denial: Proof of Non-Profit/Government Entity Status Attached: Yes/No Proof of Non-Profit/Government Entity Minimum Insurance Limits & City named Additional Insured: Yes/No Proof of Installer Minimum Insurance Limits & City named Additional Insured: Yes/No Banner Fee Date Paid: ________________ Additional Notes: