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Home My WebLink About02.28.2023 Meeting PacketAgenda Human Rights and Relations Commission City Of Edina, Minnesota Community Room, City Hall Tuesday, February 28, 2023 7:00 PM I.Call To Order II.Roll Call III.Approval Of Meeting Agenda IV.Approval Of Meeting Minutes A.Minutes: Human Rights & Relations Commission January 24, 2023 V.Community Comment During "Community Comment," the Board/Commission will invite residents to share relevant issues or concerns. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Board/Commission Members to respond to their comments tonight. Instead, the Board/Commission might refer the matter to sta% for consideration at a future meeting. VI.Reports/Recommendations A.2022 Human Rights & Relations Commission Work Plan Update B.2023 Human Rights & Relations Commission Work Plan Update C.Annual Chair/Vice Chair Nomination & Selection VII.Chair And Member Comments VIII.Sta0 Comments IX.Adjournment The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing ampli5cation, an interpreter, large-print documents or something else, please call 952-927-8861 72 hours in advance of the meeting. Date: February 28, 2023 Agenda Item #: IV.A. To:Human Rights and Relations Commission Item Type: Minutes From:Gillian Straub, City Management Fellow Item Activity: Subject:Minutes: Human Rights & Relations Commission January 24, 2023 Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve minutes from January 24, 2023, HRRC meeting. INTRODUCTION: ATTACHMENTS: Description HRRC Minutes: January 24, 2023 Draft Minutes☒ Approved Minutes☐ Approved Date: Click here to enter a date. Minutes City of Edina, Minnesota Human Rights & Relations Commission Edina City Hall, Community Room January 24, 2023, 7 p.m. I. Call to Order Chair Epstein called the meeting to order at 7:07 p.m. II. Roll Call Answering Roll Call: Chair Epstein, Commissioners Felton, Bennett, Segall, Stringer Moore; and Student Commissioner Ahluwalia. Staff Present: Heidi Lee, Race & Equity Manager and Gillian Straub, City Management Fellow Absent: Commissioners Ismail and Guadarrama, and Student Commissioner Jain. III. Approval of Meeting Agenda Motion by Commissioner Felton to approve the January 24, 2023, meeting agenda, seconded by Commissioner Stringer Moore. Motion carried. IV. Approval of Meeting Minutes Motion by Commissioner Bennett to approve the November 15, 2022, meeting minutes, seconded by Commissioner Segall. Motion carried. Motion by Commissioner Bennett to approve the December 6, 2022, meeting minutes, seconded by Commissioner Segall. Motion carried. V. Special Recognitions and Presentations A. Presentation by Andrew Scipioni, Transportation Planner, City of Edina • Andrew Scipioni presented “If These Streets Could Talk,” a historic overview of street names in Edina, covering the cultural, geographical, faith, and institutional roots of numerous street names. Student Commissioner Jain arrived at 7:09 p.m. VI. Community Comment Carolyn Jackson, 5716 Continental Drive, thanked the Commission for their work on events and projects. Draft Minutes☒ Approved Minutes☐ Approved Date: Click here to enter a date. VII. Reports/Recommendations A. 2022 Human Rights & Relations Commission Work Plan Update • The Commission discussed the Work Plan with the following updates: o Initiative #1: Coordinate Sharing Values, Sharing Communities Event • Initiative complete. o Initiative #2: Coordinate Days of Remembrance to be held in alignment with the United States 2022 commemoration date. • Initiative complete. o Initiative #3: Respond to bias events as described by the Bias Event Plan and receive updates from the Police Department quarterly • HRRC received update at the October 25, 2022 meeting. o Initiative #4: Tom Oye Award • Initiative complete. o Initiative #5: Study and report on City facility naming policy/criteria • Commissioner Bennett introduced the work of the subcommittee researching and recommending principles and process for City facility naming policy and criteria. The Commission discussed edits and additions to the report, and the subcommittee will receive edits for 1 week. o Initiative #6: Following completion of the staff development of internal process, assist staff with the promotion of City’s Form to Report Bias or Discrimination • Initiative incomplete. B. 2023 Human Rights & Relations Commission Work Plan Update • Staff Liaison Lee introduced the approved 2023 work plan, including: o Initiative 1: Sharing Values, Sharing Communities Event o Initiative 2: Days of Remembrance Event o Initiative 3: Bias and Discrimination Event Response o Initiative 4: Tom Oye Award o Initiative 5: Climate Action Plan HS 4-3 o Initiative 6: Juneteenth Community Celebration 1. Staff Liaison Lee provided updates on the planning process, including community feedback and outreach to vendors and artists. Commissioners provided feedback for Staff Liaison Lee. o Initiative 7: Bias and Discrimination Event Response Plan Review C. Draft Advisory Communication • Commissioner Segall introduced the draft report and received comments on the use of the term cake eater. Staff Liaison Lee advised on how the Council will receive the advisory communication. Draft Minutes☒ Approved Minutes☐ Approved Date: Click here to enter a date. Motion by Commissioner Felton to adopt the advisory communication as drafted with one revision to change “and” to “an” in the City Goal section. Seconded by Stringer Moore. D. Land Acknowledgement Update • Commissioner Stringer Moore relayed public requests to look into the land acknowledgement process. Commissioners discussed surrounding communities’ actions, requirements for land acknowledgement, and other actions associated with land acknowledgement. E. Annual Process – Voting on Chair and Vice Chair • Staff Liaison Lee reviewed the process for applying to boards and commissions, and the role and responsibilities of the chair and vice chair. Chair Epstein reviewed the annual process of electing a new chair and vice chair as commissioners’ terms end. Student Commissioner Ahluwalia left at 8:57 p.m. Student Commissioner Jain left at 9:03 p.m. VIII. Chair and Member Comments • Received. IX. Staff Comments • Received. X. Adjournment Motion by Commissioner Segall to adjourn the meeting, seconded by Commissioner Felton. Motion carried. Meeting adjourned at 9:07 p.m. Date: February 28, 2023 Agenda Item #: VI.A. To:Human Rights and Relations Commission Item Type: Report and Recommendation From:Heidi Lee, Race & Equity Manager Item Activity: Subject:2022 Human Rights & Relations Commission Work Plan Update Discussion, Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None. INTRODUCTION: The Commission will discuss initiative updates for the 2022 workplan. The report for Initiative 5 - Study and report on a City facility naming policy/criteria will be added to the packet on Monday. ATTACHMENTS: Description 2022 HRRC Work Plan Naming of City Facilities Final Draft Report Approved by City Council December 7, 2021 Commission: Human Rights and Relations Commission 2022 Annual Work Plan Proposal Initiative # 1 Initiative Type ☐ Project ☒ Ongoing / Annual ☒ Event Council Charge ☐ 1 (Study & Report) ☐ 2 (Review & Comment) ☐ 3 (Review & Recommend) ☒ 4 (Review & Decide) Coordinate Sharing Values, Sharing Communities Event. Determine topic at least four months in advance of the scheduled event Deliverable Event Leads Bennett, Guadarrama, Ismail, Segall, Mirza Target Completion Date October 2022 Budget Required: (Completed by staff): There is funding available for outside marketing opportunities such as ad paid in printed media and social media. Staff Support Required (Completed by staff): 10 hours for Staff Liaison in 2021, 10 hours for Communications Staff in 2020 for Community Conversation 4.22.22: Committee has started generating ideas and speakers for the event. 5.24.22: Date for event, location, and title has been selected. October 2 at City Hall, “How to Stop the Hate” 7.26.22: Donte Curtis has been approved as consultant/facilitator for event. Subcommittee will continue to invite speakers, create agenda and recommend marketing actions. 10.19.22: Event was held at City Hall and lived streamed. Event has been viewed 859 times on social media and survey is made collecting responses. COMPLETED Initiative # 2 Initiative Type ☐ Project ☒ Ongoing / Annual ☒ Event Council Charge ☐ 1 (Study & Report) ☐ 2 (Review & Comment) ☐ 3 (Review & Recommend) ☒ 4 (Review & Decide) Coordinate Days of Remembrance to be held in alignment with the United States 2022 commemoration date. Deliverable Event and/or Action Leads Stringer-Moore, Epstein, Lichtenberger, Mirza Target Completion Date April/May 2022 Budget Required: (Completed by staff) There is funding available for outside marketing opportunities such as ad paid in printed media and social media. Staff Support Required (Completed by staff): Hours by Staff liaison: 20 Communications / marketing support: 10 2.18.22: Tentative dates of 4.24 or 5.1 have been decided and City Hall has been reserved. Sub-committee will meet on 2.19 to plan. 3.18.22: Committee looking for speakers and date of event will be determined when a speaker is decided on. 3.22.22: HRRC approved format to historical context, student panelist, restorative practices, and listen to stories of Holocaust survivors. 4.22.22: 2022 Days of Remembrance event will be held virtually on Sunday, May 22 at 2pm with Eva Moreimi as the guest speaker. Marketing and press release are being worked on. 5.24.22: Days of Remembrance event held on May 22. COMPLETED Approved by City Council December 7, 2021 Initiative # 3 Initiative Type ☐ Project ☒ Ongoing / Annual ☐ Event Council Charge ☐ 1 (Study & Report) ☐ 2 (Review & Comment) ☒ 3 (Review & Recommend) ☐ 4 (Review & Decide) Respond to Bias events as described by the Bias Event Plan and receive updates from the Police Department Quarterly. Deliverable Continue Bias events response plan and track how many times the plan is initiated Leads Epstein, Guadarrama, Ismail, Missaghi Target Completion Date December 2022 Budget Required: (Completed by staff) Are there funds available for this project? If there are not funds available, explain the impact of Council approving this initiative. Staff Support Required (Completed by staff): Hours by Staff liaison: 10 2.18.22: Police Chief will provide updates on February, April, July and October meetings. 4.22.22: Updates from Police Department and Q &A on department work plan items have taken place in February and April. 7.26.22: Police Chief Milburn and Community Engagement Officer Jepson attended July 2022 meeting. 10.25.22: Lt. Conboy attended meeting to speak with HRRC. 2.24.23: Police Department will attend an HRRC meeting in Q1-2023 to provide updates. COMPLETED. Initiative # 4 Initiative Type ☐ Project ☒ Ongoing / Annual ☒ Event Council Charge ☐ 1 (Study & Report) ☐ 2 (Review & Comment) ☐ 3 (Review & Recommend) ☒ 4 (Review & Decide) Tom Oye Award: Coordinate and select one recipient for the 2022 Tom Oye Award. Deliverable Planning and awarding of Tom Oye Award Leads Felton, Mirza, Pastrana Target Completion Date December 2022 Budget Required: (Completed by staff) There is funding available for outside marketing opportunities such as ad paid in printed media and social media. Staff Support Required (Completed by staff): How many hours of support by the staff liaison? Communications / marketing support? 4.22.22: Planning for Tom Oye Award will start in August. 8.19.22: Committee emailed poster, application and marketing information to feedback to Staff Liaison. 10.19.22: Tom Oye application, marketing, press release completed. Application closes on 11.7.22. 11.10.22: Two nominations have been received. HRRC will meet on 11.15.22 to discuss nominations received. 12.1.22: Award recipient was determined and approved by HRRC. All nominators and nominees have been contacted by staff liaison. Award will be presented on 12.6.22 City Council meeting. 12.6.22: Sally Sudo was awarded 2022 Tom Oye Award at City Council meeting. COMPLETED. Approved by City Council December 7, 2021 Initiative # 5 Initiative Type ☒ Project ☐ Ongoing / Annual ☐ Event Council Charge ☒ 1 (Study & Report) ☐ 2 (Review & Comment) ☐ 3 (Review & Recommend) ☐ 4 (Review & Decide) Initiative Title Study and report on a City facility naming policy/criteria Deliverable Report to Council Leads Bennett, Stringer Moore, Segall, Mirza. Litchenberger Target Completion Date December 2022 Budget Required: (Completed by staff) Are there funds available for this project? If there are not funds available, explain the impact of Council approving this initiative. Staff Support Required (Completed by staff): How many hours of support by the staff liaison? Communications / marketing support? 3.22.22: Committee has started research and will be meeting to discuss findings. 6.28.22: Committee continues to meet and will start writing study results and report to Council. 12.1.22: Draft report will be presented to HRRC for review & comment and approval before report is submitted to City Council. 2.24.23: Final report will be presented to HRRC for approval on 2.28.23 meeting before provided to Council as Advisory Communications. COMPLETED. Initiative # 6 Initiative Type ☐ Project ☒ Ongoing / Annual ☐ Event Council Charge ☐ 1 (Study & Report) ☒ 2 (Review & Comment) ☐ 3 (Review & Recommend) ☐ 4 (Review & Decide) Following completion of staff development of internal process, assist staff with the promotion of city Form to Report Bias or Discrimination. Deliverable Feedback and support to staff. Leads: Felton, Pastrana, Missaghi Target Completion Date December 2022 Budget Required: (Completed by staff) Are there funds available for this project? If there are not funds available, explain the impact of Council approving this initiative. Staff Support Required (Completed by staff): 3.22.22: Staff have been researching and developing process. 7.22.22: Staff continue to develop process, create staff resources, technology and review internal documents such as correspondence letters to public. 9.6.22: Staff emailed committee to schedule a check-in meeting. 10.19.22: Committee with staff liaison met on 9.16.22 to discuss ideas to promote form and ways to educate on the process. 1.24.23: NOT COMPLETE. Approved by City Council December 7, 2021 Parking Lot: (These items have been considered by the BC, but not proposed as part of this year’s work plan. If the BC decides they would like to work on them in the current year, it would need to be approved by Council.) - Ageism: helping community understand, how to mitigate it, educate and assess - Felony Rights and Education: Public education, voting rights access - Assess how the City of Edina can continue to recognize and celebrate the diversity in our community and propose actions [for the City and/or volunteers] to implement, including for example, displays in Edina City Hall which recognize culturally significant holidays and flags or other symbols which recognize the many diverse cultures in Edina. 1 Naming of City Facilities Recommendations for Policy and Procedure Report to the Edina City Council by the City of Edina Human Rights & Relations Commission February 28, 2023 Introduction, Purpose, and Summary Recommendations The City of Edina never has had a policy for naming, renaming, and dedicating City facilities. Naming and renaming has been done by the Edina City Council on a case-by-case basis.1 In 2021, the Council approved a request by the City of Edina Human Rights & Relations Commission (HRRC) to include a study on the naming of City facilities in its 2022 work plan. The HRRC, concerned about diversity, equity, and inclusion in the naming of public facilities, proposed to study the issues and report back to the Council with findings including criteria for a potential naming policy. The purpose of this report is to complete the HRRC work plan initiative. The report states current conditions and brief histories of Edina park and facility names; summarizes previous studies and recommendations by the City of Edina Park Board (now the Parks & Recreation Commission) and Race and Equity Task Force; identifies the authority for, issues in, and examples of naming policies and procedures in public jurisdictions; proposes guiding principles for an Edina naming policy; and recommends procedure based on best practices used by other cities and major institutions. With more specific recommendations below, the HRRC concludes that the City of Edina, in accordance with sound governance, democratic ideals, and DEI goals, should establish a process for the naming of City facilities that is transparent and guided by clear principles, and that will enable community members to have input into naming choices. Current Conditions Public facilities in Edina include parks, open spaces, historic sites, golf courses, physical features, and trails; buildings; “major features” (i.e., components of other facilities, including public art, playing fields and playgrounds); and streets. Streets are 1 City of Edina Park & Recreation Director John Keprios to the City of Edina Park Board, reported in Minutes of the Edina Park Board Work Session, August 9, 2010, page 7; and Minutes of the Edina Park Board Regular Meeting, April 12. 2011, page 3. Attached in Appendix C. 2 the most common type of public facility in Edina by amount and distribution, with 230 miles of public streets located throughout the city.2 Edina streets bear 501 unique names, according to City of Edina Transportation Planner Andrew Scipioni.3 His research so far has found information on all but 100 of them. In his historic overview, “If These Streets Could Talk: Origins of Street Names in Edina, Minnesota,” Scipioni identifies streets named for early settlers and institutions, geographic features and locations, landowner and surveyor families, Indigenous peoples, U.S. Presidents, automobiles, and the sport of golf.4 Edina parks also are located throughout the city. They are perhaps the most visible of, most commonly identified as, and most beloved of Edina public facilities. Over half (22) of Edina’s 41 parks have names that convey their geographic location, assisting park users in finding them. Eleven are named for streets on which they are located, which lead into them, or which are nearby. Five are named for subdivisions, and three are named for mixed-use developments, in which they are located. Two are named for schools to which they are adjacent. One is named for an adjacent lake.5 Five Edina parks have names that convey their history or that of the surrounding area. Centennial Lakes Park was approved in 1988, the City’s centennial year; McGuire Park stands where the pioneer McGuire family farmed into the 20th century; Weber Park is located in the former one-constable (George Weber) Village of Morningside; Wooddale Park was site of Wooddale Elementary School from 1926 to 1985; and Yancey Park is located near where the Yancey family, Edina’s most prominent Black pioneers and early civic leaders, farmed.6 Sixteen of Edina’s 41 parks are named for people. Arneson Acres Park was donated by and is named for the late Morton and Katherine Arneson. Pamela Park is named for the daughter of the former landowner. Williams Park commemorates the life and service of Sgt. Dwight Carleton Williams, who was killed in action in 1945.7 The remaining 13 of the 16 parks are named for former Village or City officials, including four mayors/Council presidents, two Council members, two Park Board and Planning Commission members, a City manager, a Parks & Recreation director, a constable, and a village clerk. Most served during the 1950s, 1960s, and 1970s, and all but two (Alden and Yancey) were white and male.8 2 City of Edina Public Works webpage, https://www.edinamn.gov/344/Streets, attached in Appendix L. 3 Andrew Scipioni, “If These Streets Could Talk: Origins of Street Names in Edina, Minnesota.” Presentation to the City of Edina Human Rights & Relations Commission, January 24, 2023. Attached in Appendix L. 4 Ibid. 5 Appendix A, City of Edina Park Names (2022), condensed and updated from Appendix B, record created in 2012 by Robert J. Kojetin, former City of Edina Park & Recreation Director (1977-1994), member of the Board of the Edina Historical Society, and member of the Naming of Parks and Facilities and Donations Policy Working Group. 6 Ibid. 7 Ibid. 8 Ibid. 3 Previous Studies and Recommendations in Edina City of Edina Park Board (now Parks & Recreation Commission) On April 5, 2011, the Council, at the request of the Park Board and with staff support, authorized formation of a Park Board subcommittee to “study donations policy and establish a naming of parks and facilities policy.”9 The subcommittee became the Naming of Parks and Facilities and Donations Policy Working Group. Full membership included Ellen Jones, Working Group Chair and Park Board Vice Chair; Joseph Hulbert, Park Board member; Tom Gump (Edina Rotary); Bob Kojetin (Edina Historical Society); Andy Otness (League of Women Voters of Edina); Ray Giske; Rick Ites; and David Mesenbourg.10 On May 8, 2012, the Working Group presented its report and draft naming and donations policies to the Park Board, which discussed, amended, and approved the draft Naming and Dedication of City Facilities Policy on a 7-1 vote.11 The Council heard from the Working Group at a regular meeting on August 21, 2012,12 and discussed the draft naming policy at work sessions on January 22, 201313 and February 18, 2014,14 but took no action on it. The Working Group identified the following concerns about the City’s naming practice, of Council members individually or as a body receiving a recommendation or request for naming or renaming, considering the request with perhaps the advice of a board or commission, and voting without public input15: • Residents of Edina and especially neighbors of the facility were not informed of or involved in the naming process. • There was no stipulation for public support for a name. • There was no study time or reflection period for a name proposal. • The process for naming or renaming was not clear or transparent. • The process did not allow for consideration of a range of potential names, but only whether or not to accept the proposed name. • The process did not protect Edina history. 9 Minutes of the Regular Meeting of the Edina City Council, April 5, 2011, page 4. Attached in Appendix C. 10 Summary Document [report] by Ellen Jones, Naming of Parks and Facilities and Donations Policy Working Group Chair. Included in Report/Recommendation by the Working Group to the Park Board, May 8, 2012. Attached in Appendix D. 11 Minutes of the Regular Meeting of the Edina Park Board, May 8, 2012, pages 1-5. Included in Report/Recommendation by the Park Board to the Edina City Council, August 21, 2012. With Council Agenda, Staff Report, and Park Board-approved Draft Policy, attached as Appendix E. 12 Minutes of the Regular Meeting of the Edina City Council, August 21, 2012, page 4. Attached in Appendix C. 13 Minutes of the Work Session of the Edina City Council, January 22, 2013. Attached in appendices C and F. 14 Minutes of the Work Session of the Edina City Council and Edina Park Board, February 18, 2014. Attached in appendices C and F. 15 Working Group Summary Document, page 5. Appendix D. 4 • The process did not adequately allow for a full discussion of diversity, Edina residency, geographic or historical merit. • The policies of most other cities either did not allow or severely restricted naming of facilities for individuals. Many Edina facilities were named for individuals. • A relatively small number of facilities to name meant that the naming process should be extremely intentional.16 To address these concerns, the Working Group recommended that the City create a naming process that “should be systematic, consistent, fair, open to all residents, and should indicate public support. It should aid in the selection of names that are respectful of the history of the site or area, suitable to the property or facility, and useful to the public in locating the facility.”17 City of Edina Race and Equity Initiative In late 2016 and very early 2017, the Council appointed a task force to address long term racial inequities in the community. The Race & Equity Task Force and associated working groups endeavored over 18 months to assess the policies and procedures that governed the operation of City facilities, institutions, and services.18 The Task Force recommended 21 actions and changes, organized in five themes of identified need: accountability, building relationships with communities of color, gather data, belonging (community feeling), and policies.19 The top recommendation was that the City create Race Equity Accountability Measures, including hiring or identifying a Race Equity manager, who would be part of the City’s leadership team; providing an annual report to the Council and public on progress toward established racial equity goals; and including implementation of race equity goals in the formal annual performance goals for City executive leaders.20 The second in the list of 21 recommendations was made to address a feeling many participants expressed of “not feeling welcome or a sense of belonging” in the community.21 The recommendation was titled “Attribution for historically significant contribution of Yancey family to Edina’s history” and it specified “Name a public facility in the Grandview area, if not Edina City Hall, after BC [Beverly Claiborne] and Ellen Yancey.”22 16 Ibid. 17 Ibid. 18 Race & Equity Initiative, Final Report & Recommendations, Version 2.0, June 26, 2018. https://www.edinamn.gov/DocumentCenter/View/5021/Race-and-Equity-Final-Report-and-Recommendations- PDF?bidId=. Executive Summary and recommendations attached in Appendix G. 19 Ibid., pages 5-6. 20 Ibid., page 37. 21 Ibid., page 6. 22 Ibid., page 37. 5 In 2019, incorporating recommendations of the Task Force in their work plans, the HRRC and Parks & Recreation Commission (PARC) formed “a cross-commission committee to review the naming of a public facility in the Grandview area after BC and Ellen Yancey.”23 HRRC members working on this initiative “sought to identify a public facility that was a vibrant part of the Edina community, highly visible, and used frequently by a variety of community members for a variety of reasons.”24 Contrasting a public building that would likely be referred to by the business conducted in it with a park that people would always refer to by name, the HRRC recommended renaming a park to ensure that the Yancey name would be remembered and used for generations to come.25 The Yancey family homestead had been located in the Grandview area. After consulting with members of the Edina Grange, Historical Society, and Heritage Preservation Commission, the HRRC recommended to the PARC renaming one of two parks close to but not in Grandview: the five-acre Wooddale Park, at W. 50th and Wooddale Avenue, and the 19-acre Garden Park, on Hansen Road and Vernon Avenue, close to the western border of Grandview.26 With Wooddale Park already commemorating the former Wooddale School, the PARC recommended that the Council rename Garden Park as Yancey Park.27 The Council voted unanimously to approve the recommended renaming at its regular meeting on October 7, 2020.28 Following discovery of and legal action to renounce a discriminatory covenant on the land, a public dedication and celebration was held on October 4, 2021. Naming Policies and Procedures in Public Jurisdictions: Authority, Issues and Examples Minnesota law empowers city councils to name and rename public streets, and requires that they do so by ordinance.29 There is no state law that governs, prescribes, or restricts the processes cities use to name or rename other public facilities. But there are 23 HRRC and PARC work plans, attached in Appendix G. 24 Jasmine Stringer Moore, HRRC committee member. 25 Ibid. See also Minutes of the Edina HRRC Meeting, September 24, 2019, page 4, attached in Appendix G. 26 Minutes of the Edina HRRC Meeting, October 22, 2019, page 2; and Memorandum of Recommendation from the HRRC to the Edina Parks & Recreation Commission, January 16, 2020, attached in Appendix G. 27 Minutes of the Edina Parks & Recreation Commission, February 11, 2020, page 2; and Staff Report to the Mayor and Council, October 7, 2020, attached in Appendix G. 28 Minutes of the Regular Meeting of the Edina City Council, October 7, 2020, attached in Appendix G. See also Caitlyn Anderson, “Edina park renamed in honor of Black pioneers,” Edina Sun Current, October 16, 2020. https://www.hometownsource.com/sun_current/community/edina-park-renamed-in-honor-of-black- pioneers/article_0571b28a-0fd2-11eb-8936- 2b20ba6d33d5.html#:~:text=The%20Edina%20City%20Council%20voted,and%20equity%20work%20in%20Edina. 29 Minnesota Statute, Section 412.221, subd.18 , attached as Appendix M. 6 issues raised by naming and renaming public facilities that make a naming policy and clearly-defined naming process necessary and desirable. First, the naming of public property deploys a public asset.30 The naming of public facilities is discussed at length and in detail in the law review article: “Trademarks of Privilege: Naming Rights and the Physical Public Domain,” published in the University of California Davis Law Review. Its author, Ann Bartow, Associate Professor of Law at the University of South Carolina School of Law, asserts that “Public parks, schools, roads, buildings, and related amenities are valuable because they are visible and useful. When names or trademarks are appended to these public assets, the honoree or mark holder reaps some measure of this value, and thus this value is ‘privatized.’ ”31 Second, the names of public facilities reflect the values and culture of a community. Bartow emphasizes, “Naming practices are important because the names of public amenities communicate information about a community and its heritage.”32 Because “Naming choices embrace certain social values and eschew others,”33 Bartow argues that a naming process should explicitly consider the “communicative message made by any particular naming.”34 Third, the naming of public facilities can present opportunities to address institutional racism and advance equity and inclusion. Advocates for the renaming of some national parks and public lands “hope to bring about a future when parks and public lands are fully inclusive—not only in the policies and culture that govern who gets to enjoy them, but in who and what they honor.”35 Ramsey County adopted a new naming policy in January 2020 that mandates consideration of equity and inclusion: County staff may recommend naming proposals if there is clear demonstration that the naming proposal considers the historical context and inclusiveness of the name, the American Indian or native history of the site, if applicable, and the impact, real or perceived, that the name may have on American Indians, Black, and underrepresented communities and their lived experiences. Any proposed name’s impact on racial equity must also be considered, in accordance with the county’s Advancing Racial Equity Policy. Additionally, in the process of evaluating any naming proposal . . . county staff must demonstrate in its 30 Ann Bartow, “Trademarks of Privilege: Naming Rights and the Physical Public Domain,” University of California Davis Law Review, Vol. 40, No. 3 (2007); 970. See discussion supra Part III. Full article attached as Appendix H. https://lawreview.law.ucdavis.edu/issues/40/3/distributive-justice-and-ip/DavisVol40No3_Bartow.pdf 31 Ibid., 921. 32 Ibid., 929. 33 Ibid., 969 34 Ibid. 35 Blogpost, “It’s time to own up to the racism and violence embedded in the names of parks and public lands,” The Wilderness Society, July 16, 2021. https://www.wilderness.org/articles/blog/its-time-own-racism-and-violence- embedded-names-parks-and-public-lands. 7 recommendation that they have consulted or engaged with the impacted communities in accordance with the county’s Community Engagement Policy.36 The City of Saint Paul focused on equity and inclusion in its process of naming four new public parks on the former site of the Ford Motor Company Twin Cities Assembly Plant. It sought nominations from the public, and based its selections on feedback and input from the Dakota community and the Saint Paul Youth Commission, with support from the Saint Paul Parks and Recreation Commission.37 The resulting names were explained and praised by then-Saint Paul City Council member Chris Tolbert: The chosen names for these public spaces reflect a myriad of our city’s histories – honoring our Native community to whom this land belongs [in parks named Unci Makha, the Dakota name for Mother Earth, and Mica, an abbreviated Dakota name for coyote], our Union sisters and brothers who labored on the site for a century [Assembly Union Park], our city’s interconnectedness with the rest of the region [Gateway Park], and a very popular coyote in our neighborhood.38 Maggie Lorenz, Executive Director of the Lower Phalen Creek Project and Wakan Tipi Center, and member of an ad hoc group of Dakota community members formed to evaluate prospective names, praised the process: We are honored to have been asked to support the Highland Bridge development project by vetting and providing recommendations for the four community parks from an American Indian perspective. Projects like this that create place names that bring visibility, education, and interpretation of Dakota presence in our homelands are important, desired, and necessary to create a more equitable and just city. We also believe the city has more work to do and we look forward to continued collaborations on projects that help bring visibility to Indigenous communities in Saint Paul.39 Edina advanced equity and inclusion in the renaming of Garden Park for the Yancey family. The process in which the Race and Equity Task Force and working groups, HRRC, and PARC all participated could serve as a model for future community engagement. Fourth, the naming of public facilities for individuals raises additional issues. It heightens the risks that naming will serve as a political favor or quid pro quo, and of naming serving to privatize a public facility. Depending on the importance of the public facility, naming for an individual may elevate or diminish the seeming importance of the honoree, an effect called “the scaling of memory.”40 If an honored or memorialized 36 Ramsey County Countywide Facility and Site Naming Policy, adopted January 25, 2020. Attached as Appendix I. 37 Press release, “City of Saint Paul announces names of four new city parks at Highland Bridge,” Wednesday, April 21, 2021. https://www.stpaul.gov/sites/default/files/2021-04/Naming%20Press%20Release.pdf . Attached as Appendix K. 38 Ibid. See also https://www.stpaul.gov/departments/parks-and-recreation/design-construction/current- projects/highland-bridge-parks-ford 39 Ibid. 40 Bartow, 955. 8 individual suffers a loss of reputation or acquires notoriety for dishonorable or once-but-no-longer-acceptable speech or action, use of that individual’s name may no longer be in the community’s best interest. Some jurisdictions, including Ramsey County, avoid these risks through policy that prohibits naming public facilities for individuals.41 Others seek to limit risk through policy that requires waiting periods after an individual’s death,42 nomination,43 public employment, or public service.44 The City of Saint Paul, “so that the park site name shall serve the greatest need of the general public,” prefers the use of geographic names, which “enable the public to identify the site’s location,” historic names, which “enable the public to identify the site’s location and educate the public about the site’s history,” and functional names, which “enable the public to identify the purpose, services, or programs provided at the site” to use of an individual’s name, which “is primarily to honor that person.”45 Fifth, the renaming of public facilities can be expensive and risks public confusion. For these reasons, many jurisdictions prefer that naming be very long-term or permanent. The City of Faribault Naming Policy discourages proposals to rename parks and recreational facilities “whether for a major gift or community request,”46 stating: names that have become widely accepted by the community will not be abandoned unless there are compelling reasons and strong public sentiment from the broader community for doing so. Historical or commonly used place names will be preserved wherever possible.47 The policies of the cities of Bloomington and West St. Paul “strongly discourage” renaming.48,49 41 Ramsey County Naming Policy, Appendix I. See also, Shannon Prather, “Ramsey County to stop naming buildings, parks after individuals,” Star Tribune, East Metro edition, February 29, 2020. https://www.startribune.com/ramsey-county-to-stop-naming-amenities-after- individuals/568179312/ 42 “deceased for at least three years.” City of Saint Paul, Parks and Recreation Commission Policy # 7, Naming Parks and Recreation Sites. Attached in Appendix J. 43 “at least two years after the person’s name has been nominated in writing.” Minneapolis Park and Recreation Board Park Naming Policy. Attached in Appendix J. 44 “a waiting period of at least two years from termination of service or two years from the death of the individual, whichever occurs first.” Policy for the Naming of Parks, Trails, and Facilities in the City of St. Louis Park, adopted December 6, 1999. Attached in Appendix J. 45 City of Saint Paul Policy # 7, Appendix J. 46 City of Faribault Naming Policy, adopted December 8, 2020. Attached in Appendix J. 47 Ibid. 48 City of Bloomington City Facilities Naming Policy, adopted August 6, 2007. Attached in Appendix J. 49 Naming of West St. Paul City Parks and Recreational Facilities, adopted February 28, 2022. Attached in Appendix J. 9 In contrast, the City of St. Louis Park allows renaming in several circumstances, including “If the neighborhood changes in nature either by composition of its residents or the composition of the surrounding area.”50 Ramsey County policy, focused on equity and inclusion, states “While this policy does not require a comprehensive reevaluation of all current site names, the current name of any facility or other site undergoing a complete reconstruction, significant upgrade, or relocation must be reviewed for compliance with this policy.”51 Conclusion/HRRC Recommendation The HRRC finds that the names of City facilities are public assets, and that those names reflect and reinforce community values. Therefore, in accordance with sound governance, democratic ideals, and DEI goals, the HRRC recommends that the Council establish a process for the naming of City facilities that is transparent and guided by clear principles, and that will enable community members to have input into naming choices. To continue to name and rename City facilities without clear standards and a clear process does a disservice to our community, effectively allowing historic practices which reflect dominant cultures to usurp public assets. Proposed Guiding Principles Bartow: “Every government entity vested with naming power should, at a minimum, codify some naming principles, and make the entire process reasonably transparent, accessible to all community members, and accountable for the values and messages embedded in their naming choices.”52 “The terms and conditions of the naming should also be reasonably unambiguous, and the individuals or entities with the power to name or rename public facilities should be spelled out.”53 A City of Edina naming policy should: 1. Ensure that the names attached to City facilities are consistent with the City’s mission, vision, goals, and values. 2. Recognize and honor the diversity of Edina residents and neighborhoods. 3. Focus on equity in naming new facilities and, when needed, renaming existing facilities. 4. Promote inclusion and a sense of belonging for community members. 50 City of St. Louis Park Naming Policy, Appendix J. 51 Ramsey County Naming Policy, Appendix I. 52 Bartow; 969. 53 Ibid., 970. 10 5. Preserve City history, including previously untold stories, as fully and as accurately as possible. 6. Identify criteria for potential names by type of facility. 7. Prioritize names that will serve the greatest need of the general public. 8. State whether or not facilities may be named for individuals. If yes, require significant connection to the facility, extraordinary contribution to the community, good moral character, and a waiting period between the time of contribution and naming. 9. Be posted on the City website and able to be located in a search. Recommendations for Procedure Bartow: “Because individuals have little choice but to use the names and trademarks that are officially appended to the physical public domain, it is important that as citizens they have at least some opportunity to participate in the processes by which these names and trademarks are chosen.”54 A City of Edina naming process should: 1. Be posted on the City website and be able to be located in a search. 2. Create opportunity by application, petition, or other means for the public, community groups, City-recognized neighborhood associations, and City advisory boards and commissions to propose a name or names for a City facility. 3. Provide notice of intent or opportunity to name or rename a facility. 4. Allow adequate time for a full and fair process, including notice to and participation of the public and outreach to underrepresented communities. 5. Offer opportunity by public hearing, Town Hall meeting, or other means for the public, community groups, City-recognized neighborhood associations, and City advisory boards and commissions to participate in review and comment on a name or names proposed by others. 6. Emphasize outreach to and partnerships with underrepresented communities to invite and encourage their participation. 54 Bartow, 963. APPENDIX A City of Edina Park Names (2022) APPENDIX A City of Edina Park Names 1. Alden Park -- originally Jackson/Belmore Park; renamed for Gretchen S. Alden, Edina Village Clerk (1955-1964). NW quadrant. 2. Arden Park – named for street leading to its north end. NE quadrant. 3. Arneson Acres Park – named on 1/02/69 for landowners Morton and Katherine Arneson, who donated the land to the Village of Edina. SE quadrant. 4. Birchcrest Park – located near Birchcrest Drive. NW quadrant. 5. Braemar Park – former Hayes Farm, given “Scottish” name by the Park Board and Council. SW quadrant. City facilities in the park include: • Braemar Arena • Braemar Golf Course • Warren C. Hyde Clubhouse – named for Edina’s first City Manager (1955-1977). • Courtney Fields – named 1/09/89 for Morningside resident C. Wayne Courtney, Edina Mayor (1981-1989) and Village of Edina Trustee (1967-1981). 6. Bredesen Park -- originally Mud Lake Park. Renamed with dedication of wildlife reserve in June 1979 for Arthur C. Bredesen, former Edina Mayor (1956-1974) and Village Trustee (1951-1956). NW quadrant. 7. Browndale Park – named for street on which located, which is named for pioneer farmer Henry F. Brown. Former site of Waterville and Edina mills. NE quadrant. 8. Centennial Lakes Park – named for mixed-use development in which located, approved in City’s centennial year (1988) and built on the site of former gravel pit. SE quadrant. City facilities in the park include: • Hughes Pavilion – originally Centennial Lakes Park Centrum. Renamed on 7/20/10 for Gordon Hughes, City employee (1974-2010) and third City Manager (1998-2010). • Maetzold Amphitheatre – originally Centennial Lakes Park Amphitheatre. Renamed on 1/18/05 for Dennis F. Maetzold, former Edina Mayor (1999-2005); and member of Edina City Council (1995-1999) and Board of Education (1988- 1994). 9. Chowen Park – named for street on which located. NE quadrant. 10. Cornelia School Park – named for nearby Lake Cornelia; located adjacent to Cornelia Elementary School. SE quadrant. 11. Countryside Park – named for subdivision in which located, just under one mile from Countryside Elementary School. NW quadrant. 12. Creek Valley School Park – located near Creek Valley Road, adjacent to Creek Valley Elementary School. SW quadrant. 13. Edina Promenade – located north of Centennial Lakes Park. SE quadrant. 14. Edinborough Park – named for mixed-use development in which located. Edina’s only indoor park, built with TIF funds, and opened in 1987. SE quadrant. 15. Fox Meadow Park – located adjacent to Blake Road. Private donors funded and named park. NW quadrant. 16. Grandview Square Park – park and mixed-use development in which located named for adjacent neighborhood. NW quadrant. 17. Heights Park – named for subdivision in which located. SW quadrant. 18. Highlands Park – named for subdivision in which located, several blocks from Highlands Elementary School. NW quadrant. 19. Kojetin Park -- originally 44th Street Park. Renamed for Robert J. Kojetin, Edina Parks & Recreation Assistant Director (1962-1976) and Director (1977-1994). NE quadrant, in the former Village of Morningside. 20. Lewis Park – land donated for park and dedicated August 1978. Named for William Wardwell Lewis, former member of Edina Park Board (1948-1973) and Edina Planning Commission (1952 – date unknown); Park Board Chairman (1968). SW quadrant. 21. McGuire Park – located on McGuire Road, named for family that farmed on site into the 20th century. SW quadrant. 22. Melody Lake Park – located between Melody Lake and the street, Melody Lane. NW quadrant. 23. Normandale Park – named for subdivision in which located. SW quadrant. 24. Pamela Park – named for daughter of former land owner. NE quadrant. 25. Fred Richards Park – originally Lake Edina Park. City parkland and adjacent small private golf course was combined by City to build Fred Richards Golf Course, named for former Mayor (1989-1997) and City Council Member (1975-1989). When golf course closed in 2014, park renamed Fred Richards Park. SE quadrant. 26. Rosland Park -- originally Lake Cornelia Park. Renamed for Kenneth Rosland, Edina Parks & Recreation Director (1958-1977) and second City Manager (1977-1998). SE quadrant. City facilities in the park include: • Edina Art Center, including Peggy Kelly Media Arts Studio, named for former member, Edina Board of Education (1978-1984; first female chair) and Edina City Council (1985-1997; Mayor Pro Tem 1989-1997). • Edina Aquatic Center 27. St. John’s Park – named for street on which located. NE quadrant. 28. Sherwood Park – named for street on which located. NW quadrant. 29. Strachauer Park -- originally Beard Park; renamed for Hermann H. Strachauer, Edina Park Board Member (1948-1961) and Chairman (1951-1960). NE quadrant. 30. Tingdale Park – named for street on which located. NW quadrant. 31. Todd Park -- originally Division & Rutledge Park. Open space donated for park 1972. Renamed in May 1978 for T. Lea Todd, former President, Edina Village Council (1944-1946) and member and chairman of the Edina Planning Commission (until 1968). NW quadrant. 32. Frank Tupa Park -- named for “a long-time council member”. Across Eden Avenue from Edina City Hall. NE quadrant. 33. Utley Park -- named for Harold Utley, “long-time resident and Council member.” Formerly part of Wooddale Park, located across W. 50th Street. Now site of Edina Veterans Memorial. NE quadrant. 34. Van Valkenburg Park -- originally Malibu Park and Grandview Park, and, before that, part of Grandview Cemetery. Renamed for James Van Valkenburg, Edina Mayor (1974-1981) and Village Trustee (1960-1974). NW quadrant. 35. Walnut Ridge Park – named for street leading into it, Walnut Drive. NW quadrant. 36. Weber Park -- originally Morningside Park, located in the Village of Morningside (1920-1967). Renamed for George Weber, longtime Morningside resident and sole constable. NE quadrant. 37. Williams Park – named for Sgt. Dwight Carleton Williams (1924-1945), ski trooper, 10th Mountain Division, killed in action in Italy, 4/30/45. Former mill site on which Williams played as a boy. NE quadrant. 38. Wooddale Park – former site of and named after Wooddale Elementary School (1926-1985). NE quadrant. 39. Yancey Park – originally Garden Park. Renamed on 10/07/20 and dedicated on 10/04/21, for B.C. and Ellen Yancey, Edina’s most prominent Black pioneers. B.C. (Beverly Claiborne) served as village incorporator, Recorder, and Justice of the Peace and Ellen founded the Edina PTA. NW quadrant. 40. York Park – named for street on which located. Site of Timmy Nunn memorial baseball field. NE quadrant. 41 Yorktown Park – named for subdivision in which located. SE quadrant. Appendix B Record of City of Edina Park and Facilities Names and Donations (2012) Prepared by Robert J. (Bob) Kojetin, City of Edina Park & Recreation Director (1977- 1994), Board member of the Edina Historical Society, and member of the Naming of Parks and Facilities and Donations Working Group. 61 pages. Appendix C Minutes of City of Edina Park Board and City Council meetings (2010 - 2014) Park Board discussions on naming; Council authorization for formation by the Park Board of the Naming of Parks and Facilities and Donations Working Group; Council discussions of Working Group recommendations. 1. Minutes of the City of Edina Park Board Work Session, 8/09/10, page 7. 2. Minutes of the Regular Meeting of the Edina City Council, 4/05/11, page 4. 3. Minutes of the City of Edina Park Board Regular Meeting, 4/12/11, page 3. 4. Minutes of the Regular Meeting of the Edina City Council, 8/21/12, page 4. 5. Minutes of the Work Session of the Edina City Council, 1/22/13. 1 page. 6. Minutes of the Work Session of the Edina City Council, 2/18/14. 1 page. Appendix D Report/Recommendation by the Naming of Parks and Facilities and Donations Policy Working Group to the City of Edina Park Board (May 8, 2012) 1. Revised Agenda for Park Board Meeting 5/08/12. 2 pages. 2. Report by Park & Recreation Department Director John Keprios. 1 page. 3. Summary Document [report] by Ellen Jones, Park Board Vice Chair and Working Group Chair. 7 pages. 4. Draft City of Edina Naming and Dedication of City Facilities Policy. 8 pages. 5. Introduction to record of Park and Facilities Names and Donations. 1 page. REVISED AGENDA CITY OF EDINA, MINNESOTA PARK BOARD MEETING CITY COUNCIL CHAMBERS Tuesday, May 8, 2012 7:00 P.M. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MEETING AGENDA IV. ADOPTION OF CONSENT AGENDA A. Approval of Minutes — Regular meeting on Tuesday, April 10, 2012 V. COMMUNITY COMMENT During "Community Comment, " the Park Board will invite residents to share relevant issues or concerns. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Board Members to respond to their comments tonight. Instead, the Board might refer the matter to staff for consideration at a future meeting. VI. REPORTS/RECOMMENDATIONS A. Naming of Parks and Facilities Working Group Recommendations B. Donations Policy Working Group Recommendations C. Veterans Memorial Sculptor Contract D. Reschedule November Park Board Meeting VII. CORRESPONDENCE AND PETITIONS VIII. CHAIR AND BOARD MEMBER COMMENTS IX. STAFF COMMENTS X. ADJOURNMENT The city of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large -print documents or something, please call 952-927-8861 72 hours in advance of the meeting. REPORT/RECOMMENDATION To: EDINA PARK BOARD Agenda Item Item No. VI. B. From: John Keprios, Director Park and Recreation Department z Action Discussion InformationDate: May 8, 2012 Subject: Naming of Parks and Facilities Working Group Recommendations ACTION REQUESTED: The Naming and Donations Working Group recommends that the Park Board advise the City Council to adopt the attached new Naming of Parks and Facilities Policy. INFORMATION/BACKGROUND: With the City Council's approval, the Park Board formed a Naming and Donations Policy Working Group in September of 2011. The members of the Working Group include Chair Ellen Jones, Park Board member Joseph Hulbert, Andy Otness, Bob Kojetin, Ray Giske, David Mesenbourg, Tom Gump and Rick Ites. As outlined in the attached "Summary Document" provided by Ellen Jones, "The mission of the Naming and Donations Working Group is to recommend to the City Council, with the guidance of the Park Board, a policy guiding the naming and renaming of City facilities". Ellen Jones will lead the discussion on the Working Group's final recommendations. Formal Park Board action is requested on this agenda item. ATTACHMENTS: Summary Document Proposed Naming Policy dated 4.25.12 Naming of Parks and Facilities SUMMARY DOCUMENT By: Ellen Jones, Vice Chairperson of Edina Park Board and Chairperson of the Naming of Parks and Facilities and Donations Policy Working Group The following Summary Document was created by Park Board Vice Chairperson Ellen Jones and submitted Thursday, May 3, 2012 to be included in the Park Board packet. Date: May 8, 2012 Park Board Meeting Agenda Item Subject: The Naming and Donations Working Group Presentation Attachments: Current Donations Policy dated 2000 Current Donations, Sponsorships and Advertising Policy dated 1995 Proposed Donations Policy revision dated 4.25.12 Proposed Naming Policy dated 4.25.12 Naming of Parks and Facilities Mission: The mission of the Naming and Donations Working Group is to recommend to the City Council, with the guidance of the Park Board, a policy guiding the naming and renaming of City facilities. This group will also recommend to City Council, with the guidance of the Park Board, revisions to the current donations policy for gifts to the City. Working Group Members: Chair Ellen Jones, Park Board member Joseph Hulbert, Andy Otness, Bob Kojetin, Ray Giske, David Mesenbourg, Tom Gump and Rick Ites. Many, many thanks for their hours of service. Thanks also to Janet Canton for providing assistance organizing meetings. Timeline: September 26 — March 12: Working Group met about every 2nd and 4th Monday for one hour to research and develop policy. We reviewed the naming policies of several cities throughout the United States. March 13: Distributed draft Donations and Naming policies to the Park Board, Director of Parks and City Manager and Assistant Manager for comments and suggestions. March 26: Working Group discussed suggestions and created the Proposed Policies for Public Review. March 27: Sent a public announcement statement to the Director of Communications for approval and posting on the website and in the public media. This announcement included the proposed policy and the date that the park board would hear public comment on the policy. April 10: The Working Group asked the Park Board to send them comments and questions about the policies. April 23: The Working Group reviewed all comments received to date. May 2: The Working Group provided the Director of Parks the Proposed Policies, copies of current policies, and policy and process summary to be included in the park board packet. May 8: [proposed] The Park Board allows the public to comment on the proposed policies, discusses and votes on whether or not to advise the City Council to accept the policies. Page 1 Donations Policy Background Edina currently has two Donations Policies. 1. The Donations, Sponsorship and Advertising policy dated 1995. This policy states: As a matter of procedure, the City Manager has the authority to accept donations under 5,000 and less than 12 month commitments of donated services. Each department is responsible for coordinating their own fundraising campaign and record keeping of those donations. Procedures for acknowledging donations of $5,000 or more. Prohibits donations that contain a condition that the City advertise alcohol, tobacco or gambling Prohibits accepting products or services that pose an unacceptable level of liability to the City. Also included in this policy are definitions and specifications on sponsorship and advertising, including a prohibition of advertisements on "baseball field fencing, backstops, tee signs at the golf courses, hockey boards etc." The Donations/Memorials Policy adopted June 20, 2000, states the City's policy on the recognition of donors. The policy details the type of recognition the City will provide for various donation amounts. It gives details for recognizing donors on a permanent display board that has not been created. The City does not have citywide written standards for accepting donations or procedures for processing and recording donations. Compared to cities nationwide with populations about the same size as Edina, Edina receives significantly fewer volunteer hours (National Recreation and Park Association Proragis report). Analysis The City should provide a welcoming and efficient system of uniformly and responsibly accepting, recording and acknowledging donations of money, material goods and services. Recommendation 1. The Working Group recommends that the City should replace the two existing Donations Policies with the proposed Donations Policy dated 3.25.12. 2. The Working Group recommends that the City should develop a citywide, uniform Donation Application and Agreement Form. 3. The Working Group recommends that the City should create new Sponsorship and Advertising Policies. 4. The Working Group recommends that the City should develop a donations pamphlet showing benches and other items that the City needs in order to make the process of donation easier and welcoming. 5. The Working Group recommends that the City enhances their volunteer programs to increase resident donations of their time and services toward the improvement of the community. 6. The Working Group recommends that the City should evaluate and enhance the ways it recognizes donors of goods and services. The goal of this would be to encourage an increase in donations to the City and to promote citywide consistency. Page 2 Recommended Donation Policy dated 3.25.12 Summary Creates systematic procedures for the review and acceptance of gifts. Considers grants from the Edina Community Foundation as donations. Considers sponsorships and gifts of professional services as donations. Sets out guidelines for accepting donations. Limits the potential burden to the City of a donation by requiring that the donation cover the full cost for the purchase, recognition, installation and, if required, maintenance during the expected lifespan of the gift. Does not consider pledges as donations. States a specific life span for all material donations and that the City does not guarantee the life span of the donation. Creates a citywide standard Donation Application and Agreement Form Requires the terms of all restricted donations to be clearly stated on the Donation Application and Agreement Form. Requires that installation of a gift shall not commence until donations for the cost of the entire donation project have been accepted by City Council. States that the City Council has sole authority for accepting all gifts. States that the City Manager's office is responsible for maintaining a record of all donations and overseeing the donation process. States that City Council has sole authority for accepting all gifts. Designates that the City Manager's office is responsible for maintaining a record of all donations and overseeing the donation process. Requires a donation of at least $10,000 before an individual donor plaque would be considered and continues to allow for the recognition of donations of amounts less than 10,000 on compilation boards containing several donors names. Allows for a recognition plaque for the donation of park benches, which aligns with the City's Living Streets policy. The Working Group incorporated a few suggestions made during the public comment period into the recommended Naming policy. These changes to the policy presented for public review are shown as mark-ups in red into the proposed policy that you have received, and stated below: Page 2 New Donations Acceptance Criteria Changed "Criteria" to "Guidelines." Reason: The council may wish to have some leeway in accepting a donation. Page 3 Conflict of Interest Inserted "real or perceived" Reason: States a broader definition of conflict of interest. Page 4 and 5. New and Existing Donations Inserted: For capital campaigns that involve donations from multiple donors toward a large-scale project, the City shall not contract for services or purchase material for any of the project until donations cover the cost of those services and materials. The City shall not contract for services or purchase material toward large-scale capital campaign projects until donations have been received for 100% of the donation goal for the entire project. To make Page 3 exceptions to this policy requires approval of City Council with the amount needed to complete the project clearly stated and available in the budget. This is to ensure that the City will not be burdened by an incomplete project or will need to go into debt if donation goals are not met." Reason: To motivate donors to contribute to the campaign, to ensure that the City is not burdened by an incomplete project or will need to go into debt if donation goals are not met, and to have a public record of discussions regarding the City budget. Inserted "a large-scale" to describe certain donations. Reason: Donors of a small-scale item such as a camera should not need to be notified of the disposition of their donation, nor have its life span stated. Page 6 Donation Approval and Acceptance Steps Requires longer term record keeping for large-scale donations than for small-scale donation. Reason: All donations are a part of the public record when they are approved by City Council. There is no need to keep the Donation Application and Agreement Form for small-scale donations for a long time. Page 7 Recognition Procedures Recognizes donors of $10,000 or more by allowing for an individual plaque. Allows for recognition on a name plaque as a part of a compilation of donors on a recognition board. Reason: This is generally consistent with the policy in practice and written in the 2000 Donations Policy. Page 4 Naming and Dedications Policy Background Edina does not have a written policy for naming, renaming and dedicating City facilities. The City's established naming practice is: 1. Someone recommends a name for a facility to a City staff or council member. 2. This person routes the name proposal to either the citizen board advising on the facility or the City Council. If sent to a board, advice will be given, and, if approved; 3. The naming and renaming proposal will be placed on the City Council agenda for action. City Council discusses and votes on the proposed name of a facility. The City Council approved the formation of the Naming and Donation Working Group after hearing concerns about the current practice. Naming and dedication requests come up several times a year. Currently the staff is aware of four naming proposals. Analysis The naming and renaming of City facilities should be reserved for exceptional circumstances. The naming process should be systematic, consistent, fair, open to all residents, and should indicate public support. It should aid in the selection of names that are respectful of the history of the site or area, suitable to the property or facility, and useful to the public in locating the facility. Recognizing a person by dedicating a City facility in their name is considered a truly special honor and requires public support. The City Council and Park Board heard the following concerns raised about the current practice. These are valid concerns and warrant addressing in policy and with procedures. 1. Residents of Edina and especially neighbors of the facility were not being informed of and involved in the naming process. 2. There was no stipulation for public support for a name. 3. There was no study time or reflection period for a name proposal. 4. The process for naming or renaming was not clear or transparent. 5. The process does not allow for consideration of a total spectrum of potential name ideas, but only whether to accept the proposed name. 6. The City's history may not be protected with current practice. 7. The process did not adequately allow for a full discussion of diversity, Edina residency, geographic nor historical merit. 8. Most other cities have policies that either do not allow or severely restrict naming of facilities for individuals. Edina has many facilities named for individuals. 9. There are a relatively small number of facilities to name, so the naming process should be extremely intentional. Recommendation The Working Group recommends that the City develop a single naming and dedication policy for all City facilities. This Working Group is not recommending that the City should rename current facilities to meet specifications in this policy. Page 5 The Working Group recommends that the Park Board approve the attached Naming and Dedication Policy dated 3.27.12. The Working Group recommends that the City develop an "Application for Naming and Dedicating Facilities" and a "Petition to the City of Edina" as shown in concept in the Appendix of the Policy. Naming Policy Summary Renaming City facilities is discouraged. Naming and renaming should be based on the following order of preference: 1. Geographic location 2. Historic events, people and places 3. Exceptional individuals 4. Major gifts Naming and renaming for individuals should be restricted to people who have lived in Edina, and who have made a particularly meritorious contribution over a period of several years, to the general public interest or the interest of the City. There should be a time after that person has died or ended their relationship with the City to reflect upon an individual's legacy before the naming process begins. Naming should be based on the person's contributions to the City rather than the circumstances of their death. Public support should be demonstrated with a petition process: Naming and renaming requests require 300 signatures; dedications require 100 signatures. On a rare occasion, a gift to the City will warrant the naming of that facility at the request of the donor. Naming for a business entity shall be for a fixed period. No City facility, except a major feature, shall be named for a business entity. This is to minimize confusion and costs to the City for updating signage and maps. The public and specifically the facility's neighborhood will be informed of a naming opportunity or proposed renaming and will be provided an opportunity to comment. The City Manager's office will manage the procedures and record keeping of all naming and dedication requests. The Working Group incorporated a few suggestions made during the public comment period into the recommended Naming policy. These changes to the policy presented for public review are shown as mark-ups in red into the proposed policy that you have received, and stated below: Page 5. Public Hearing We request that the words "public hearing" be changed to "the public will be provided an opportunity to give input during a public meeting." Reason: Public Hearing is a very specific term defined in state statute and that entails very specific notice requirements and penalties for noncompliance. For this policy, creating a forum for public comment is what was intended. Page 2 and 3 Historic People Page 6 We request that the word "people" be added to the phrase Historic events and places and defined as having passed away over 100 years ago. Reason: There is a strong desire to capture the history of Edina not only by naming of historic events and places but also by naming for its historic people. Page 2 and 5 Record Keeping We request that the City Manager's office is responsible for overseeing the record keeping of names and dedications of public facilities. Reason: There should be one office that compiles and updates the City records on naming and dedications. Page 5 Cost of Plaque and Installation We request that the person(s) proposing a name, renaming or dedication pay for the cost of creating a plaque and its installation. This cost will be calculated by the City at the time of application. This money will be refunded if the application is denied. Reason: There are significant costs involved with creating and installing a name and dedication plaque. The City does not budget for these expenses. Page 3 Naming and Renaming for Exceptional Individuals We request that the first paragraph in this section be changed as following: NAMING AND RENAMING FOR EXCEPTIONAL INDIVIDUALS No parks shall be named or renamed for an individual, unless that individual has been deceased for at least 100 years and influenced Edina's history, or that individual's name was requested as a condition made by the donor of the land. The name of an individual shall be considered for a building, major feature, or street only if such individual was or is a resident of the City of Edina and has made a particularly meritorious contribution, over a period of several years, to the general public interest or the interests of the City. Priority should be given to those individuals who have contributed to: Reason: To allow for the naming of parks after people who influenced Edina's history and people who donate land. Page 7 DRAFT FOR PARK BOARD PRESENTATION 11 o e CITY OF EDINA y NAMING AND DEDICATION yc . V tfv• OF CITY FACILITIES POLICY OVERALL POLICY It is the policy of the City of Edina that the naming of new and renaming of existing city facilities be reserved for exceptional circumstances and that the naming process comply with the guidelines, principles and procedures set forth in this policy. This establishes a systematic and consistent policy that is fair, open to all residents, objective, and aids in the selection of names that are respectful of the history of the site or area, suitable to the property or facility, and useful to the public in locating the facility. Recognizing a person by dedicating a City facility in their name is considered a truly special honor. This policy creates criteria and procedure for the dedication of City facilities. DEFINITIONS City Facilities" shall include the following: Parks: All traditional designed parks, natural open spaces, historic sites, golf courses, specialized parks (e.g. skate park), physical features (lakes), and trails under the City of Edina Park and Recreation Department's jurisdiction or management. Buildings: Structures that house city programs. Major Features: Major, permanent components of city facilities, (e.g. ball fields, swimming pools, tennis courts, playgrounds, fountains, art work, Senior Center). Rooms within buildings are considered to be major features. Streets: The streets owned by the city of Edina. Amenities: Smaller furnishings and facilities in the city system (e.g. benches, small fountains, tables, etc.). Amenities are not formally named. Recognition for donated amenities is covered under the City of Edina Donations Policy. AUTHORITY The establishment of formal legal names of permanent real property and streets owned by the City of Edina requires administrative action. Only the Edina City Council retains the authority to establish formal legal names for City -owned facilities. Only the Edina City Council retains the authority to dedicate City facilities. BACKGROUND AND PRINCIPLES The names of parks, buildings, major features and streets tell the important stories of Edina's history. Edina has limited public resources for changing names on signs, maps, and literature. Excessive naming of individual features in City facilities can be confusing to the public. The proliferation of names for different parts of the same park or building should be avoided. NAMING AND DEDICATIONS POLICY DRAFT FOR PARK BOARD PRESENTATION 4.25.12 DRAFT FOR PARK BOARD PRESENTATION Naming or renaming city facilities is often complex and emotionally charged, since naming is a powerful and permanent identity for a public place. Approval of naming requests is a prestigious, cautious process that needs to be undertaken only when appropriate and requires great care and thoughtfulness. The philosophy of the City is to reserve the naming or renaming of City facilities to those circumstances which tradition and practice have shown to best serve the interests of the City and assure a worthy and enduring legacy for the City's system. To this end, the City supports consideration of proposed names in the following order of preference: 1. Geographic location 2. Historic events, people and places 3. Exceptional individuals 4. Major gifts. City buildings and major features could, however, be dedicated in memory or honor of a person and an appropriate plaque indicating such, be dedicated and placed at the facilities. City facilities should not be overwhelmed with dedications, since that would detract from the aesthetic and may adversely affect the experience or value of the City service being provided. Names that have offensive connotations shall not be considered. Names that are similar to or the same as existing City facilities should not be considered. The naming of currently unnamed City facilities shall comply with this policy and procedure. A City facility shall not be subdivided for the purposes of naming. City facilities that are held through a short-term lease or use agreement or improvements that have a limited life span or occupancy shall not be named. All signs on City facilities must meet City sign standards. For a new City facility, the appropriate Advisory Board shall use any open, systematic, fair and organized public process (i.e. nominations, contests, etc.) that they decide upon to propose a name. The City Manager or appropriate department is responsible for overseeing compliance with policy and procedure requirements and for keeping a record of all approved name and dedication proposals RENAMING CITY FACILITIES Proposals to rename City facilities are not encouraged and should be entertained only after fully investigating and considering the potential impact of dropping the current name. Names that have become widely accepted in the community should not be abandoned unless there are compelling reasons and strong public sentiment for doing so. Historical or commonly used place names should be preserved wherever possible. A facility named for an individual who has fallen into disrepute and whose name no longer lends honor and dignity to the facility shall be changed. In the event of change in use, demolition, or extensive reconstruction of a building, its name or any part of it can be considered for renaming. Notwithstanding the above, the City Council reserves the right to change the name of any named City facility in order to maintain consistency with the entire policy. NAMING AND RENAMING FOR GEOGRAPHIC LOCATION, HISTORIC EVENTS, PLACES, AND PERSONS NAMING AND DEDICATIONS POLICY DRAFT FOR PARK BOARD PRESENTATION 4.25.12 iq DRAFT FOR PARK BOARD PRESENTATION It is appropriate to consider naming or renaming a City facility for its geographic location (e.g. natural feature, neighborhood and significant area) and when it is located near or otherwise associated with events, people and places of historic, or cultural significance. This should be done only if the historic nature can be demonstrated through research and documentation. To be considered historic a person should be deceased for at least a hundred years. Priority should be given to those historic events, people and places that commemorate the history of: 1. The City of Edina 2. The State of Minnesota 3. The Nation. NAMING AND RENAMING FOR EXCEPTIONAL INDIVIDUALS No parks shall be named or renamed for an individual, unless that individual has been deceased for at least 100 years and influenced Edina's history, or that individual's name was requested as a condition made by the donor of land. The name of an individual shall be considered for a building, major feature, or street only if such individual was or is a resident of the City of Edina and has made a particularly meritorious contribution, over a period of several years, to the general public interest or the interests of the City. Priority should be given to those individuals who have contributed to: 1. The City facility itself 2. The City of Edina 3. The State of Minnesota, or 4. The Nation. The naming and renaming of a building, major feature, or street for an individual shall occur no sooner than five years after that person has ended his or her substantive, formal relationship with the City. The name used should be the family name. A person's name may be used in naming a City facility only once. Naming a building, major feature, or street for an individual who has passed away or for a person or group of people who perish in or survive a tragic event shall only be considered after at least five years has passed after the death or public shock generated by the event has dissipated. Potential sites for such memorials should be focused on City facilities that are more known for their serene and contemplative nature rather than active locations, such as playing fields and recreational locations. Emphasis should be placed on the contributions or heroic actions of these people to the City of Edina during their lifetime, rather than the circumstances of their death or survivorship. Exceptional service and strong public sentiment is more objectively evaluated after a waiting period. Strong public support for naming and renaming shall be demonstrated through a petition process as described in this policy. Naming and renaming requests require 300 signatures, and dedications require 100 signatures to be considered. The petition process for naming, renaming and dedication for a person shall commence no sooner than five years after that person has ended his or her relationship to the City, or has died. NAMING AND RENAMING FOR MAJOR GIFTS The donation of gifts to the City of Edina should be reward in itself. On a rare occasion, a gift will be made to the City that is of such magnitude and generosity that naming of a City facility in NAMING AND DEDICATIONS POLICY DRAFT FOR PARK BOARD PRESENTATION 4.25.12 3 DRAFT FOR PARK BOARD PRESENTATION honor of or at the request of the benefactor will be considered. Any request to name or rename an existing City facility must comply with the prior stated policy. Except for donations of land, naming for a gift will be for a fixed period and not indefinitely. The period will be clearly stated in the naming request. As a guideline but not a limitation, the threshold for naming rights on a City facility shall include one or preferably more of the following: 1. Deeding to the City most if not all of the land on which the City facility to be named will be situated Payment of one-half or more of the capital costs of constructing a City facility to be named (depending on the availability of matching fund or grants) Some long-term endowment for the repair and maintenance of the donated City facility. 4. The provision of significant program costs for facilities that will serve City program needs. Likewise, as a guideline but not a limitation, the threshold for naming rights on major features would include one or preferably more of the following: 1. Payment of the capital costs for constructing and installing a major feature 2. Some long-term endowment for the repair and maintenance of the donated major feature 3. The provision of significant program costs for any major feature giving rise to or supporting a City program. In no case shall naming or renaming be considered accordance with the City of Edina Donations Policy. NAMING FOR ENTITIES e in No city facility, except a major feature, shall be named for a business entity. A major feature may be named for a business entity making a restricted gift to the City. Limiting the naming opportunity by business entities to major features will minimize confusion, and costs to the City for updating signage and maps. Each request is evaluated on its own merits and requires public input. The renaming of any existing major feature is discouraged even when associated with a major enhancement gift. Naming for a business entity shall be for a fixed period and not indefinitely. The period will be clearly stated and not longer than the life of the business entity. In making a recommendation for a business name, the reputation of the company and community support shall be considerations. The City reserves the right to remove an entity name on a major feature if the business entity turns out to be disreputable or subsequently acts in a disreputable way. PROCEDURES FOR COMMUNITY OR CITIZEN REQUESTS TO NAME OR RENAME AND DEDICATE A CITY FACILITY Applicant's Process. An applicant must complete an Application for Naming Facilities Form Appendix 1), compile a petition and make a presentation to the appropriate advisory board (the Board") to recommend naming or renaming a City facility. Details of the process include: Return a completed Application for Naming or Dedicating Facilities Form (Appendix 1), along with a check to cover the cost of a plaque and installation, to the appropriate department director or City Manager to start the process. The check will be returned if the application is denied. NAMING AND DEDICATIONS POLICY DRAFT FOR PARK BOARD PRESENTATION 4.25.12 4 DRAFT FOR PARK BOARD PRESENTATION Complete and compile a Naming or Dedication Petition (Appendix 2). The petition shall: o State the reasons for the proposed name o Show community support for the proposed name o Contain a description and/or map depiction of the boundaries of the City facility to be named o May only be signed by persons living in Edina o May only be signed by persons voting age or older o Show the name, address and telephone number of each signer o File the petition with the appropriate department director or City Manager within ninety days of receipt of the forms from the City, unless the director grants in writing additional time for completing the petition o Be initiated no sooner than five years after that person has ended his or her relationship to the City, or has died Naming and renaming requests require 300 signatures on the petition. City facility dedications require 100 signatures. The petitions may be dropped off, mailed, or emailed to: City of Edina Administration C/O City Manager 4801 W. 50th St. Edina, MN 55424 5. A formal request to the City Manager, director or board chair that the proposal be put on the agenda for the next possible Board meeting. Notice to all residents in the area shall be given. 6. A formal presentation of the naming, renaming, or dedication proposal to the Board. The public will be provided an opportunity to give input during a public meeting for all naming proposals, this opportunity is not required for dedication proposals. 7. The appropriate advisory board shall not recommend a proposed name, renaming or dedication to the City Council unless the criteria set forth in this policy are met. An affirmative vote of a majority of voting members present when quorum is met, is necessary to recommend 8. The City Council shall not consider a name, renaming or dedication of City facilities unless the criteria and procedures set forth in this policy are met. 9. The City Manager or designate will keep a record of the name and dedication, including a brief summary of who and why this person is being recognized on a Name and Dedication of Facilities Master List. PROCEDURES FOR NAMING AND RENAMING A CITY FACILITY ASSOCIATED WITH MAJOR GIFTS. Upon the receipt of a completed restricted gift application, the appropriate department Director or City Manager will submit a proposal to the Board for the naming or renaming of a City Facility that is associated with a major gift to the City. A petition process is not necessary. For naming or renaming a City Facility, City Council approval is required, as provided above, following a favorable recommendation by the Board. Public notification and the opportunity for public comment are required. NAMING AND DEDICATIONS POLICY DRAFT FOR PARK BOARD PRESENTATION 4.25.12 1 DRAFT FOR PARK BOARD PRESENTATION NAMING AND DEDICATIONS POLICY DRAFT FOR PARK BOARD PRESENT DRAFT FOR PARK BOARD PRESENTATION Appendix 1. [Concept Draft] City of Edina Application for Naming or Dedication of Facilities The naming of facilities follows City of Edina Naming and Dedication of City Facilities Policy. The Edina City Council has sole responsibility for establishing legal names and for dedications of City facilities. I/We request that the name of Name of applicant(s)) be considered for the Proposed name) Naming [ ], Renaming [ ] or Dedication [ ] Please check) of the facility Current or functional facility name) located at Address or descripton of location) Summary of recommendation (additional documents may be attached to this form) If proposed name recognizes a living or deceased person, please include the following: Compelling evidence of the extraordinary contribution of the individual to the City of Edina. Evidence person was/is a resident of Edina. Date of death. Date of last official relationship to the City. Explanation of how naming or renaming facility would improve community awareness and historical perspective. Person(s) submiting this proposal (please print): Name A Phone email: dress NAMING AND DEDICATIONS POLICY DRAFT FOR PARK BOARD PRESENTATION 4.25.12 date: 7 DRAFT FOR PARK BOARD PRESENTATION Appendix 2. Concept Draft] Naming or Dedication Petition to the City of Edina In accordance with the procedure established by the City of Edina, the undersigned hereby petition to recommend the name of proposed name or dedication) of the current or functional Rr•rty name) located at In support of this petition, each of the undersigned affirms and states: 1. That he/she lives in the City of Edina at the time of signature, is of voting age or older. 2. That the reasons for the proposed name are as follows: 3. That there is community support for the proposed name as illustrated by the signatures below. NAME STREET ADDRESS ZIP PHONE NO. DATE 1. 2. 3. 4. 5.- 6.- 7._ 6. 7. 8.- 9.- 10. 9. 10. CIRCULATED BY: [FILL IN NAME] PAGE 1 OF [FILL IN NUMBER] NAMING AND DEDICATIONS POLICY DRAFT FOR PARK BOARD PRESENTATION 4.25.12 8 The following is a record of 200 park names, memorials, plaques and donations in the City of Edina in the past 75 years or so. The record is not complete, but it is a start to creating a single document recording all of the memorials and donations to the City of Edina. Before a recent change in state law, cities were not required to accept donations through the City Council. I know many residents donated items without official acknowledgement in the city records. I also know that some memorials have been lost to time: benches, trees, gardens and plaques get moved or deteriorate. Residents often gave when they saw a need, without expectation of public acknowledgement: A coach who didn't have enough football dummies at the park he was coaching went out and bought 12 dummies on his own and donated them to the city. The parking lot at old Wooddale Park was donated by St. Stephen's church. The city paid for the $200,000 parking lot up front but the church paid for the parking lot over time through special assessments. The concrete stadium at the football soccer field behind Braemar was built by the then - president of the football association board. Using the city's design, his company built the stands. The dollar amount of the donation is unknown, but the impact was significant. Braemar Men's Club and the Braemar Women's Leagues saw needs at the golf course or clubhouse and donated money to make improvements. The Lions took out a $10,000 mortgage to pay for the Showmobile, a traveling stage where bands and other groups performed in Edina. I remember attending a burning of the mortgage ceremony down by the old maintenance garage. These are just a few of the stories of Edina residents' good will. Many will have been forgotten, but I hope through research and contact with past employees and residents that these stories can be recorded. This could be a great record of history for the future. I know from my many years on the Edina Historical Society Board that residents often want to know the history behind the names of the public buildings and roads in their community. The Naming and Donations Committee has recommended maintaining one record for every department in the city to list donations. I have been to many memorable naming ceremonies, but a consistent policy and one document will ensure that the names and donations will be remembered long after the ceremony is over. It has been an honor to work on this project. I will continue to work on this project as long as I am able. Sincerely, Bob Kojetin Appendix E Report/Recommendation by the City of Edina Park Board to the Edina City Council (August 21, 2012) 1. Agenda for Regular Meeting of the Edina City Council, 8/21/12. 3 pages 2. Report by Park & Recreation Director John Keprios. 2 pages 3. Draft City of Edina Naming and Dedication of City Facilities Policy as approved by the Park Board on 5/08/12. 9 pages 4. Minutes of the Meeting of the Park Board 5/08/12. Agenda Item No. VI.A., pages 1-6. AGENDA CITY COUNCIL MEETING CITY OF EDINA, MINNESOTA CITY COUNCIL CHAMBERS AUGUST 21, 2012 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MEETING AGENDA IV. ADOPTION OF CONSENT AGENDA All agenda items listed on th1e consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of such items unless requested to be removed from the Consent Agenda by a Member of the City Council. In such cases the item will be removed from the Consent Agenda and considered immediately following the adoption of the Consent Agenda. (Favorable rallcall vote of majority of Council Members present to approve.) A. Approval Of Minutes — Regular Meeting,Of August 6, 2012 and Work Session Of August 6, 2012, B. Receive Payment Of Claims As Per: Pre -List Dated 08/9/2012, TOTAL $973,242.26 And Per Pre -List Dated 08/16/12 TOTAL $1,259,069.08 And Credit Card Transactions dated 06/25/12 to 07/ 25/12 TOTAL $23,282.23 C. Appointments To The 2012 Human Services Task Force D. Request For Purchase — 2012 Microsoft Enterprise Agreement Renewal E. Request For Purchase -Weber Park Basketball Court.Renovation F. "SGN /Wendel Architect /Engineering Services For The. Countryside Park Shelter Buildings G. Resolution No. 2012 -104 Findings of Fact 4024 Bruce Avenue Appeal Certificate Of Appropriateness H. Request For Purchase — Gallagher Drive 'And Nine Mile Creek Regional Trail Improvements — Contract No. ENG 12 -8 I. Reject Bids — Raw Water Main Piping — Contract No. PW 12 -2 J. RJM Construction Management Services Contract Agenda /Edina City Council August 21, 2012 Page 2 SPECIAL RECOGNITIONS AND PRESENTATIONSV A. Jan Callison, Hennepin County Commissioner B. Images of Edina Photo Contest Winners Presentation VI. COMMUNITY COMMENT During "Community. Comment," the City Council will invite residents to share new issues or concerns that haven't, been considered in the past 30 days by the Council or which aren't slated for future consideration. Individuals must limit their comments to three minutes. The Mayor may limit the number of speaks on the same issue in the interest of time and topic. Generally speaking, items, that are elsewhere on tonight's agenda may not be addressed during Community. Comment. Individuals should not expect the Mayor or Council to respond to their comments tonight. Instead the Council might refer the matter to staff for consideration at a future meeting. VII. REPORTS /RECOMMENDATIONS: (Favorable vote of majority of Council Members present to approve except where noted) A. Resolution Nos. 2012 -94 And 2012 -95 Edina Emerald Energy Program: Approve' Application, Certify Special Assessment And Issue Special Revenue Bond B. Special Assessment Policy Revision C. Donations Policy Revision D., Naming And Dedication Of City Facilities Policy E.: User Fee Policy F. Resolution No. 2012 -98 Accepting Various Donations G. Allocation of 2011 General Fund Undesignated Fund Balance VIII. CORRESPONDENCE AND PETITIONS A. Correspondence B. Advisory Boards & Commission Correspondence: 1. Minutes— Energy & Environment Commission, June 12, 2012 2. Minutes — Heritage Preservation Board, July 9, 2012 3. Minutes— Park Board, July 10, 2012 4. Minutes —Veteran's Memorial Committee e— May 18, 2012 IX. MAYOR AND COUNCIL COMMENTS Agenda /Edina City Council August 21, 2012 Page 3 X. MANAGER'S COMMENTS XI. CLOSED SESSION —SALLY LANE AND VALLEY VIEW ROAD TREE LITIGATION XII. ADJOURNMENT The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952- 927 - 886172 hours in advance of the meeting. SCHEDULE OF UPCOMING MEETINGS /DATES /EVENTS Tues Aug 21 Joint Meeting With Edina School Board 5:00 P.M. COMMUNITIY ROOM Tues Aug 21 Work Session — Budget Process 6:00 P.M.. COMMUNITY ROOM Tues Aug 21 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Aug 21 Closed Session Following Regular Meeting MAYORS CONF. RM Mon Sept 3 LABOR DAY HOLIDAY OBSERVED — City Hall Closed Tues Sept 4 Joint Meeting With Planning Commission 5:00 P.M. COMMUNITY ROOM Tues Sept 4 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Wed Sept 19 Work Session — Board & Commissions Work Plan Proposals 5:30 P.M. COMMUNITY ROOM Wed Sept 19 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Oct 2 Work Session — CIP Workshop 5:30 P.M. COMMUNITY ROOM Tues Oct 2 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Oct 16 Work Session — Art Center Study /Business Meeting 5:00 P.M. COMMUNITY ROOM Tues Oct 16 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Mon Nov 5 Work Session — Human Services Funding /Liquor Ordinance 5:30 P.M. COMMUNITY ROOM Mon Nov 5 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Nov 6 ELECTION DAY — Polls Open 7:00 A.M. until 8:00 P.M. Fri Nov 9 Canvass of Election Returns 5:00 P.M. COUNCIL CHAMBERS Mon Nov 12 VETERANS DAY HOLIDAY OBSERVED — City Hall Closed Tues Nov 20 Work Session — Finalize 2013 Work Plans 5:30 P.M. COMMUNITY ROOM Tues Nov 20 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Dec 4 Work Session — Name Your Neighborhood 5:30 P.M. COMMUNITY ROOM Tues Dec 4 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS SS Dec 18 Work Session —TBD 5:30 P.M. COMMUNITY ROOM es Dec 18 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS r, .- i i REPORT /RECOMMENDATION To: City Council Agenda Item Item No. VII. D. From: John Keprios, Director Parks & Recreation Depa ment Action F-1 Discussion InformationDate: -- - August-21, 2012 - - Subject: Naming and Dedication of City Facilities Policy ACTION REQUESTED: The Park Board recommends approval of the attached City of Edina Naming and Dedication of City Facilities Policy. INFORMATION /BACKGROUND: At their May 8, 2012 meeting, the Park Board passed a motion on a seven to one vote to recommend that the City Council adopt the attached City of Edina Naming and Dedication of City Facilities Policy. Members of the Naming of Parks and Facilities Working Group members included Andy Otness, Bob Kojetin, Ray Giske, David Mesenbourg, Tom Gyump, Rick Ites, Park Board members Joseph Hulbert and Ellen Jones. After lengthy discussion, debate and changes to the Working Group's original proposal, the Park Board agreed to recommend the attached proposed policy for the City Council's consideration. The Donations Policy Working Group was chaired by Park Board member Ellen Jones who plans to present the proposed policy to the City Council along with members of her Working Group. ATTACHMENTS: City of Edina Naming and Dedication of City Facilities Policy Naming of Parks and Facilities Working Group Recommendations Section of the May 8, 2012 Park Board Meeting Minutes DRAFT APPROVED BY, PARK BOARD: CITY OF EDINA n 0 NAMING AND DEDICATION OF CITY FACILITIES POLICY. OVERALL POLICY It is the policy of the City of Edina that the naming of new and renaming of existing city.facilities be reserved for.exceptional circumstances and that the naming process comply with1he guidelines, principles and procedures set forth in'this poliCyr . This establishes a systematic and consistent policy that is fair; open to all residents, objective, and aids in the selection of names that are respectful of the history of the site or area, suitable to the property'or facility, and useful to the public in locating the facility. Re , cognizing a person by dedicating a City facility in their name . is considered a truly special honor. this policy creates criteria and procedure for the dedication of City facilities. DEFINITIONS City Facilities" shall include, the following: Parks: All traditional designed parks, natural open spaces, historic sites, golf courses, specialized,parks (e.g. skate park), physical features (lakes), and trails under the City of Edina Park and Recreation Department's jurisdiction or management. Buildings: Structures that house city programs. Major Features: Major, components of city facilities, (e.g. ball fields, swimming pools, tennis courts, playgrounds, fountains, art work, Senior Center). Rooms within buildings are considered to be major features. Major City sponsored events are considered major features. Streets: The streets owned by the city of Edina. Amenities: Smaller furnishings and facilities in the city system (e.g..benches, small fountains, tables; etc.). Amenities are not formallyriamed. Recognition for, donated amenities is covered under the City of Edina Donations Policy. AUTHORITY The.establishment of formal legal names of permanent real property and streets owned by the City of- Edina. requires administrative action. Only the Edina City.Council retains the authority to establish formal legal names for City -owned facilities. , A dedication is an honor given to an exceptional individual. The acknowledgement of this honor shall be placed discreetly near the identified City facility. The honor of a dedication does not change the name of the facility. Only the Edina City. Council retains the authority to dedicate City facilities. . I. BACKGROUND. AND PRINCIPLES DRAFT NAMING AND DEDICATIONS POLICY APPROVED BY PARK BOARD 5. 8.12 DRAFT APPROVED BY PARK BOARD The names of parks, buildings, major features and streets tell the important stories of Edina's history. Edina has limited public resources for changing names on signs, maps, and literature. Excessive naming of individual features in City facilities can be confusing to the public. The proliferation of names for different parts of the same park or building should be avoided. Naming or renaming city facilities is often complex and emotionally charged, since naming is a powerful and permanent identity for a public place. Approval of naming requests is a prestigious, cautious process that needs to be undertaken only when appropriate and requires great care and thoughtfulness. The philosophy of the City is to reserve the naming or renaming of City facilities to those circumstances which tradition and practice have shown to best serve the interests of the City and assure a worthy and enduring legacy for the City's system. To this end, the City supports consideration of proposed names in the following order of preference: 1. Geographic location 2. Historic events, people and places 3. Exceptional individuals 4. Major gifts. City buildings and major features could, however, be dedicated in memory or honor of a person and an appropriate plaque indicating such, be dedicated and placed at the facilities. City facilities should not be overwhelmed with dedications, since that would detract from the aesthetic and may adversely affect the experience or value of the City service being provided. Names that have offensive connotations shall not be considered.. The naming of currently unnamed City facilities shall comply with this policy and procedure. A City facility shall not be artificially subdivided for the sole purpose of naming.. All signs on City facilities must meet City sign standards. For a new City facility, the appropriate Advisory Board shall use any open, systematic, fair and organized public process (i.e. nominations, contests, etc.) that they decide upon to propose a name. The City Manager or appropriate department is responsible for overseeing compliance with policy and procedure requirements and for keeping a record of all approved name and dedication proposals RENAMING CITY FACILITIES Proposals to rename City facilities are not encouraged and should be entertained only after fully investigating and considering the potential impact of dropping the current name. Names that have become widely accepted in the community should not be abandoned unless there are compelling reasons and strong public sentiment for doing so. Historical or commonly used place names should be preserved wherever possible. Notwithstanding the above, the City Council reserves the right to change the name of any named City facility in order to maintain consistency with the entire policy and flexibility to change the name of a facility named after an individual who has fallen into disrepute and whose name no longer lends honor and dignity to the facility. DRAFT NAMING AND DEDICATIONS POLICY APPROVED BY PARK BOARD 5.8.12 2 DRAFT APPROVED BY PARK BOARD NAMING AND RENAMING FOR GEOGRAPHIC LOCATION, HISTORIC EVENTS, PLACES, AND PERSONS It is appropriate to consider naming or renaming a City facility for its geographic location (e.g. natural feature, neighborhood and significant area) and when it is located near or otherwise associated with events, people and places of historic, or cultural significance. This should be done only if the historic nature can be demonstrated through research and documentation. To be considered historic a person should be deceased for at least a hundred years. Priority should be given to those historic events, people and places that commemorate the history of: 1. The City of Edina 2. The State of Minnesota 3. The Nation. NAMING AND RENAMING FOR EXCEPTIONAL INDIVIDUALS No parks shall be named or renamed for an individual, unless that individual, was a resident of Edina, has. been deceased for at least 25 years and influenced Edina's history, or that individual's name was requested as a condition made by the donor of land. The name of an individual shall be considered for a building, major feature, or street only if such individual was or is a resident of- the - City -ofEdina and has made -a particularly- meritorious - contribution; over a period of - - - - several years, to the general public interest or the interests of the City. Priority should be given to those individuals who have contributed to: 1. The City facility itself 2. The City of Edina 3. The State of Minnesota, or 4. The Nation. The naming and renaming of a building, major feature, or street for an individual shall occur no sooner than five years after that:persorrhas'ended his or her substantive, formal relationship' with the City. The name used should be the family name: A person's name may be used in naming a City facility only once. Naming a building, major feature, or street for an individual who has passed away or for a person or group of, people who perish in or survive a tragic event shall only be considered after at least five years has passed after the death or public shock generated by the event has dissipated. Potential sites for such memorials should be focused on City facilities that are more known for their serene and .contemplative nature rather than active locations, such as playing, fields 'an; d recreational locations. Emphasis should be placed on the contributions or heroic actions of these people to the City of.Edina,during their lifetime, rather than the circumstances of their death or survivorship. Exceptional service and strong public sentiment is more objectively evaluated after a waiting period. Strong public support for naming and renaming shall be demonstrated through a petition process as described in this policy. Naming and renaming requests require 300 signatures, and dedications require 100 signatures to be considered. The petition process for DRAFT NAMING AND DEDICATIONS POLICY APPROVED BY PARK BOARD 5.8.12 3 DRAFT APPROVED BY PARK BOARD naming, renaming and dedication for a person shall commence no sooner than five years after that person has ended his or her relationship to the City, or has died. NAMING AND RENAMING FOR MAJOR GIFTS The donation of gifts to the City of Edina should be reward in itself. On a rare occasion, a gift by an individual will be made to the City that is of such magnitude and generosity that naming of a building in honor of or at the request of the benefactor will be considered. Any request to name or rename an existing City facility must comply with the prior stated policy. Except for donations of land, naming for a gift will be for a fixed period and not indefinitely. The period will be clearly stated in the naming request. As a guideline but not a limitation, the threshold for naming a City facility shall include one or preferably more of the following: 1. Deeding to the City most if not all of the land on which the City facility to be named will be situated 2. Payment of one -half or more of the capital costs of constructing a City facility to be named (depending on the availability of matching fund or grants) 3. Significant long -term endowment for the repair and maintenance of the donated City facility. 4. The provision of significant program costs for facilities that will serve City program needs. Likewise, as a guideline but not a limitation, the threshold for naming rights on major features would include one or preferably more of the following: 1. Payment of substantial capital costs for constructing and installing a major feature 2. Some long -term endowment for the repair and maintenance of the donated major feature 3. The provision of significant program costs for any major feature giving rise to or supporting a City program. In no case shall naming or renaming be considered unless the major gift is deemed acceptable in accordance with the City of Edina Donations Policy. NAMING FOR ENTITIES No city facility, except a major feature, shall be named for a business entity as a condition to a donation to the City. A major feature may be named for a business entity making a restricted gift to the City. Limiting the naming opportunity by business entities to major features will minimize confusion, and costs to the City for updating signage and maps. Each request is evaluated on its own merits and requires public input. The renaming of any existing major feature is discouraged even when associated with a major enhancement gift. Naming for a business entity shall be for a fixed period and not indefinitely. The period will be clearly stated and not longer than the life of the business entity. In making a recommendation for a business name, the reputation of the company and community support shall be considerations. The City reserves the right to remove an entity name on a major feature if the business entity turns out to be disreputable or subsequently acts in a disreputable way. Names of business entities operating on City property shall be subject to City Council approval and will not require a petition process. DRAFT NAMING AND DEDICATIONS POLICY APPROVED BY PARK BOARD 5.8.12 4 DRAFT APPROVED BY PARK BOARD PROCEDURES FOR COMMUNITY OR CITIZEN REQUESTS TO NAME OR RENAME AND DEDICATE A CITY FACILITY Applicant's Process. An applicant must complete an Application for Naming Facilities Form Appendix 1), compile a petition and make a presentation to the appropriate advisory board (the Board ") to recommend naming or renaming a City facility. Details of the process include: 1. Return.a completed Application for Naming or Dedicating Facilities Form .(Appendix 1), along with ,a check to cover the cost of a plaque and installation, to the appropriate department director or City Manager to start the process. The check will be returned if the application is denied. 2. Complete and compile'a Naming or Dedication Petition (Appendix 2). The petition shall: o State the reasons for the proposed name o Show community support for the proposed name o Contain a description and /or map depiction of the boundaries of the City facility to be named o May only be signed by persons living in Edina o May only be signed by persons voting age or older o Show the name, address and telephone number of each signer o - File-the-petition-with the appropriate- department director- or-City- Manager- - -- -- -- - - - -.- - - - within ninety days of receipt of the forms from the City, unless the director grants in writing additional time for completing the petition o Be initiated no sooner than five years after that person has ended his or her relationship to the City, or has died 3. Naming and renaming requests require 300 signatures on the petition. City facility dedications require 100 signatures. 4.. The petitions may be dropped off, mailed, or emailed to: City of Edina Administration C/0 City Manager 4801 W. 50th St. Edina, MN 55424 5. A formal request to the City Manager,, director or board chair that the proposal be put on the agenda for the next possible Board meeting. Notice to all residents in the area shall be given.- _ 6. A formal presentation of the. naming, renaming, or dedication proposal to the Board. The public will be provided an opportunity to give input during a public meeting for all naming proposals, this opportunity is not required for dedication proposals. 7. The appropriate advisory board shall not recommend a proposed name, renaming or dedication to the City Council unless the criteria set forth in this policy are met. An affirmative vote of a majority of voting members present when quorum is met, is necessary to recommend 8. The City Council shall not consider a name, renaming or dedication of City facilities unless the criteria and procedures set forth in this policy are met. DRAFT NAMING AND DEDICATIONS POLICY APPROVED BY PARK BOARD 5.8.12 5 DRAFT APPROVED BY PARK BOARD 9. The City Manager or designate will keep a record of the name and dedication, including a brief summary of who and why this person is being recognized on a Name and Dedication of Facilities Master List. PROCEDURES FOR NAMING AND RENAMING A CITY FACILITY ASSOCIATED WITH MAJOR GIFTS. Upon the receipt of a completed restricted gift application, the appropriate department Director or City Manager will submit a proposal to the Board for the naming or renaming of a City Facility that is associated with a major gift to the City. A petition process is not necessary. For naming or renaming a City Facility, City Council approval is required, as provided above. Public notification and the opportunity for public comment are required. DRAFT NAMING AND DEDICATIONS POLICY APPROVED BY PARK BOARD 5.8.12 6 DRAFT APPROVED BY PARK BOARD Appendix 1. [Concept Draft) City of Edina Application for Na -ming or Dedication of Facilities The naming of facilities follows City of Edina Naming and Dedication of City Facilities Policy. The Edina City Council has sole responsibility for establishing legal names and for dedications of City facilities. ,I /We request that the name of Name ofa.pplicant(s)) be considered for the Proposed name) Naming [ ], Renaming [ ] or Dedication [ J Please-check)- - of the facility Current or functional facility name) located at Address or descripton of location) Summary of recommendation (additional documents maybe attached to this form) If proposed name recognizes a living or deceased person, please include the following: Compelling evidence of the extraordinary contribution of the individual to the City of Edina. Evidence person was /is a resident of Edina. Date of death. Date.of last official relationship to the City. Explanation of how naming or renaming facility Would improve community.awareness and historical perspective. J Person(s) submiting this proposal (please print): Name Address DRAFT NAMING AND DEDICATIONS POLICY APPROVED BY PARK BOARD 5.8.12 7 DRAFT APPROVED BY PARK BOARD Phone Appendix 2. Concept Draft] email: date: Naming or Dedication Petition to the City of Edina In accordance with the procedure established by the City of Edina, the undersigned hereby petition to recommend the name of proposed name or dedication) of the current or functional facility name) located at In support of this petition, each of the undersigned affirms and states: 1. That he /she lives in the City of Edina at the time of signature, is of voting age or older. 2. That the reasons for the proposed name are as follows: 3. That there is community support for the proposed name as illustrated by the signatures below. NAME STREET ADDRESS ZIP PHONE NO. DATE 1. 2. 3. 4. 5. 7. 8. 9. 10. DRAFT NAMING AND DEDICATIONS POLICY APPROVED BY PARK BOARD 5.8.12 8 DRAFT APPROVED BY PARK BOARD CIRCULATED BY: [FILL IN NAME] PAGE 1 OF [FILL IN NUMBER] DRAFT NAMING AND DEDICATIONS POLICY APPROVED BY PARK BOARD 5.8.12 9 MINUTES OF THE MEETING OF THE PARK BOARD HELD AT CITY HALL MAY 8, 2012 . 7:00 PM VIA. Naming ofParks and Facilities Working Group Recommendations Member Jones went over the "Summary Document" that the working group put together and thanked the Working Group: Member Hulbert, Andy Otness, Bob Kojetin, Ray Giske, David Mesenbourg, Tom Gyump and Rick Ites for their many, many hours of service. She informed the Park Board that the working,group reviewed both naming and donation policies throughout the United States and went through the many different intricacies of their situations that might apply to Edina and reworked them. She indicated that as of the last Friday they received some more comments from the public that she has noted in the blue markup. Member,Jones indicated that there currently is no formal naming policy in the City of Edina and pointed out ;that'the City Council approved the Naming and Donation Working Group after hearing several concerns1rom'residents about the current practice. She added that naming and dedication requests come up several times a year to which staff is currently aware of four naming proposals. Member Jones-stated that- after-going- through the current practice and concerns- the working- group - -- recommends that the City develop a single naming and dedication policy for all City facilities. She noted they are not recommending that the City rename current facilities to meet specifications in this policy.. She pointed out the working group recommends that the Park Board approve the "Naming Dedication Policy" as well as they recommend that the City develop an "Application for Naming and Dedicating Facilities" and a "Petition to the City of Edina" as shown in concept in the Appendix of the policy. Andy Otness gave the Park Board a summary of the Naming Policy and stated'that the City Council has the sole authority for establishing formal names and dedicating any city facilities. She pointed out that facilities are described as anything the City controls: parks, buildings, major features, streets and amenities. She noted.the second thing the policy states is that the City Manager's Office will have sole responsibility for.keeping a record and managing the naming and dedication' process. Ms. Otness, indicated.that they also felt what the policy did was set out principles for naming and renaming and dedications and that naming would be reserved "for exceptional circumstances. She noted that in their original meetings they had a whole, gamut of people who felt things should be restricted or completely open and so that part of the policy represents a collaborative decision. Ms. Otness informed the Park Board that a lot of the discussions revolved around the naming and renaming for exceptional individuals and the working group decided within the policy that the naming should.be based on the contributions to the City rather than the circumstances of their death. Secondly, it. was decided there should be a time period after that person has died or, ended their relationship with the City to reflect upon an individual's legacy before that naming process would begin. The name of an individual will be considered for a park only if that person has been deceased for I'00 years and influenced Edina's history or has naming for him/her as a condition made by the donor of actual land for the park. Ms. Otness pointed out there is another category of naming besides parks and that is that an individual be considered for a building, major feature or street if that person either was or is currently a resident of Edina, has made a significant contribution over a period of several years to the general public interest and has ended his or her substantive formal relationship with the City or has passed away five years prior to the initiation of a naming process or the name could be considered if it was requested as a restriction of a significant extraordinary major gift to the city like the donation of land. Ms. Otness pointed out with regards to naming for entities no City facility, except a major feature, shall be named for a business entity as a condition for a donation to the City. This is to minimize the confusion and cost to the City for updating signage and maps. Name of business entities shall be for a fixed period. Names of business entities operating on City property shall be subject to City Council approval and will not require a petition process. Ms. Otness informed the Park Board that lastly public support for name requests should be demonstrated with a petition process. The working group recommends that the naming and renaming requests require 300 signatures and any dedication requires 100 signatures. In addition, the public and specifically the facilities neighborhood will be informed of a naming request and an opportunity will be provided for their input and comment. Member Jones thanked Mr. Kojetin for all of his work on compiling the names and donations of all the parks. Mr. Kojetin gave the Park Board a brief history on the compilation report he created. He noted that he thought it would be good to have one central location where a record is kept with the history of the parks and donations where people can go to find this type of information. He noted that he will continue to work on the book as long as he can because there is still a lot more to be added. He noted that most of this information will be stored at the Edina Historical Museum. Member Segreto indicated that on top of page two of the "Naming and Dedication Policy" where they talk about the philosophy of the City and give an order of preference for naming she feels that each of those categories is really important and is not sure why there needs to be a preference. Member Jones replied they wanted to make sure the order of preference represented something that would first honor maybe a natural place and that's where the geographic location thought connected to it and kind of wanted to make sure they didn't lose sight of the geographic nature of the community before they went on to more of a people nature of their history which happens to be the events and the people that affect the history. Member Segreto commented that she was very moved by Mr. Kojetin's report and seeing the names of people who have been very important to this community that she would be hard pressed to see that if they were to order preference they would be listed third and therefore would hate to see an order of preference within policy. Member Hulbert replied they came up with what they felt was a kind of a logical order of significance but that isn't to say that geographic location necessarily has to be number one. Member Segreto indicated that a facility named for an individual who had something happen to their reputation, should have the name changed according to the new guidelines. She stated that puts them into a position of when exactly it should be changed and should that person have the right to clear his or her name in court or in the community. She noted that maybe it would be sufficient to say "The City Council reserves the right to change the name in the event the individual has fallen into disrepute ". Member Segreto commented that most ofher comments are going to be geared to giving the City Council the discretion and looking to the guidelines to sway them in a direction rather than requiring a name change. Ms. Otness informed the Park Board that she recalls this discussion came up right after the Joe Paterno events in Ohio. She stated that she is not a "legal person" but knows there is a difference between saying "reserves the right" or "shall" or "may ". Therefore, they decided to craft this as they felt at that time and that it would be reviewed by the City attorney for the legal distinction. Chair Steel suggested the Park Board discuss each page. Page Three - 2 Member Segreto asked the working group on the top of the page where it states "to be considered historic a person should be deceased for at least 100 years" how they came up with that number because 100 years seems really, really long to her. Member Hulbert responded they viewed naming parks and land a huge honor and so to have a park renamed for you they wanted there to be some time to reflect, although 100 years might be a little long. Member Deeds commented that he would go with something like 25 years to reflect a little bit. Member Jones indicated that what it came to actually was what makes something historic is it 100 years, 50 years or 25 years. Member Segreto responded that actually it's not duration that makes it historic, it's what they do and the impact it makes that make it historic. Member Hulbert suggested going with 25 years to which Member Kathryn Peterson replied 25 years is more reasonable. Ms. Otness noted impart was that it would be a legacy that had lasted and maybe that's the language "that will last" because how do you define legacy. Chair Hulbert noted it seems to be a general consensus 2'5 years is a good number. Member Segreto commented that she sees "100 years" in the next paragraph "No park shall be named or renamed for an individual unless that individual, was a resident of Edina, has been deceased for at least 100 years .. " and so her comment would be the same. Member Segreto indicated in the next paragraph where it reads "The naming and renaming of a building, major feature, or street shall occur no sooner than five years after that person has ended his or her substantive, formal relationship with the City" five years may be too long and she would like to see it cut to three years. She noted that after someone retires or leaves the City there could be some circumstances especially if someone has a health problem. Member Hulbert responded there were some people that felt pretty strongly that it should be until the person was actually deceased but they did all agree there should be some kind of cooling off period. Chair Steel asked how this compares to other cities that were researched to which Member Jones responded in most cities the person needs to be dead. Member Hulbert added that Edina is pretty rare in that they names facilities and buildings after people who are still alive. Member Jones commented that when they first crafted the policy it did say you needed to have been deceased before anything could be named after you and kept it for months. However, when they reviewed the policy they decided to change it in light of the way Edina deals with their parks which is different than the way other cities do. Member Hulbert commented that he thinks sometimes there is a rush to immediately honor and bestow those people with honors right away. However, in reality we know that three or five years go by quickly and ifthat award is really merited it will still be there three to five years down the road which gives them a little time to reflect and make sure things are what they thought they were. Page Four — No changes made Page Five Member Segreto asked in regards to the 300 signatures that would be required to start a petition is that what the research bore out in terms of other municipalities? Member Jones replied she believes it is similar to what Denver's policy is. She explained the reason for it is to find out what the level of support and commitment are for the name and they settled on 300 signatures. Member Segreto asked would that mean then if a City Council member wanted to initiate a name change or name something they would have to get 300 signatures. Member Jones replied yes, unless they wanted to go against policy to which that would be noted. Mr. Keprios commented that it's very difficult trying to put a comprehensive policy together because you it will likely be changed in the future but at least it will help by serving as a guideline for the City Council. Member Deeds noted that to him it seems reasonable to need to have 300 signatures because there does need to be a certain level of interest and support and this puts a barrier up there to make people work a little bit more. Page Six — No changes made. Member Jones informed the Park Board that the "application" is just a concept draft and they are not dictating to the City how to write their procedures for internal processing. She noted that she did send it to the City Manager and Assistant City Manager asking for their comments. Page One — Went back to page one since it was skipped. Chair Steel thanked everyone for their hard work. Member Deeds commented that under the major gifts, page 4, if they look at the Hornet's Nest proposal is that going to be named the "Hornet's Nest" or are the people who are involved going to be recognized since they are essentially paying one - quarter ofthe capital costs which is a one million dollar donation. He noted his concern is the policies in this area may be so tight that they eliminate a chunk of flexibility that will allow the City to pursue major gifts. He stated there is a pretty stiff requirement in the policy, page 4 second #1) stating "Payment of the capital costs for constructing or installing a major feature ". To him under #I it implies 100% of the capital costs. Member Jones responded they should define major feature" because you are comparing it to a building and there are two definitions in that section. She noted that the paragraph Member Deeds read is the guideline for major features which would include ball fields, swimming pools, playgrounds, etc. Member Deeds pointed out in regards to the Sports Dome they are seeking a gift for the Sports Dome and naming rights for the Sports Dome. He noted it's a three million dollar undertaking so this would imply they would have to raise 1.5 million dollars in order to give the naming rights away and that is his concern. Chair Steel asked Member Jones if she thinks it would be considered a City facility which would be covered under the previous paragraph. Member Jones replied that she would consider the Sports Dome to be a building. Member Deeds stated for example you have two million dollars' worth of renovations at the ball field and if they were able to get a sponsor who wanted to put in a million dollars, would we give them the name of the ball field. He indicated that yes, he would think he would give them the name of a ball field for one million dollars even if it's not covering the full two million dollars. That is his only concern with the current wording because it's a pretty tight policy. He suggested changing it to say "a substantial portion" or something like that. Member Jones replied you could change all of #1 under that paragraph to "Payment of a substantial capital cost for constructing and installing ". Chair Steel commented that it also helps that it does say "likewise as a guideline but not a limitation ". Member Deeds indicated that he just wants to give it as much flexibility as possible. Member Hulbert added that he thinks when it comes to larger items like the "Hornet's Nest" City Council is going to do what they see fit. Member Dan Peterson indicated that he has thought all along that the naming proposition was a solution in search of a problem and he continues to believe that. He noted that he wants to thank everyone who served on the working group and that he holds the Park Board members most dearly; however, he is going to vote "no" because there is no proof to him that the current system is broken and needs to be fixed. He stated that he has nothing but the highest respect for people who run for public office and the five people who serve on the City Council, current, past and future, are pretty good people and he doesn't want to tie their hands to a policy which has some problems. He commented that he thinks they've done a goodjob and he doesn't get too concerned in a city ofalmost 50,000 and only a few people don't like the name of a certain park or pavilion. He noted there is always going to be disagreement and they get past it and move along. Member Hulbert stated that he agrees, they do have excellent City Council members past and present but situations have occurred in the past that with a lack of policy it would have helped both members of the public and staff as well. Member Deeds responded that he agrees and actually thinks they are doing the City Council a favor, they will still have the decision whether they are going to adopt it or not, but it's a policy and a guideline that they can vote to override anytime they want to. He commented that they are essentially giving City Council the shot to say well, wait a minute we have a policy here, let's think 4 about "this and provide some level of rationality and a little more consistency to the process. He stated that he thinks the working group has done a great job on this. Member Deeds suggested that the information from Mr. Kojetin's booklet be put on the City's website in a searchable form, because it would be a great service and so people who are searching for relatives or something will be able to find it. Mr. Keprios replied that's an excellent suggestion and would be a great projectfor the Historical Society to work on with the Communications Department. Member Deeds'made a motion, seconded by Member Segreto, that where it states 100 years on page 3 that it be replaced with 25 years. Ayes: Dan Peterson, Kathryn Peterson, Jones, Steel, Jacobson, Hulbert, Deeds, Segreto Motion Carried.:. Member Segreto made a motion, seconded by Member Deeds, that on page two in the paragraph headed "Renaming City Facilities"' that the second paragraph be deleted and that the third paragraph be amended to'read "notwithstanding the above, the City Council reserves the right to change the name of any named city facility in order to maintain consistency with the entire policy and flexibility, to change the name of a facility named after'an individual *ho Ihas fallen into disrepute and whose'name no longer lends honor and dignity to the facility". Ayes: ` Dan Peterson, Kathryn Peterson, Jones, Steel, Jacobson, Hulbert, Deeds, . Segreto Motion Carried. Member Deeds made a motion, seconded by,Member Segreto, that they amend on page.four the second #1 to read "Paymentof substantial capital costs for constructing and installing a major feature ". Ayes: 'Dan Peterson, Kathryn Peterson, Jones, Steel, Jacobson, Hulbert, Deeds, Segreto Motion Carried. Member Deeds made a motion, seconded by Member Hulbert to approve the Naming and Dedication of City Facilities as amended. Ayes: Kathryn Peterson, Jones, Steel, Jacobson, Hulbert, Deeds, Segreto Nays: Dan Peterson Motion Carried. 5 Appendix F Joint Work Session of Edina City Council and City of Edina Park Board (February 18, 2014) 1. Agenda for Joint Work Session, 2/18/14. 1 page 2. Revised Draft Naming and Dedication of City Facilities Policy. 3 pages 3. Working Group summary of revisions. 2 pages 4. Minutes of the Work Session of the Edina City Council, 1/22/13. 1 page 5. Minutes of the Joint Work Session, 2/18/14. 1 page AGENDA WORK SESSION CITY OF EDINA, MINNESOTA COMMUNITY ROOM TUESDAY, FEBRUARY I8, 2014 5:30 P.M. I. CALL TO ORDER II. ROLL CALL. III. NAMING AND DONATION POLICY — 5:30 P.M. IV. JOINT WORK SESSION WITH PARK BOARD — 6:00 P.M. A. 2014 PARK BOARD WORK PLAN PRIORITIZATION B. PARK MASTER PLAN INPUT V. ADJOURNMENT The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952- 927 -8861 72 hours in advance of the meeting. SCHEDULE OPIUPCOMING °MEETINGS /DATES /EVENTS Tues Feb 18 Work Session — Naming & Donation Policy. 5:30 P.M. COMMUNITY ROOM Tues Feb 18 Joint Work Session With Park Board 6:00 P.M. COMMUNITY ROOM Tues Feb 18 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Wed Feb 19 Board and Commission Interviews 5:30 — 7:30 P.M. MAYORS CONFERENCE ROOM Tues Mar 4 Work Session —Three Rivers Park District Nine Mile Creek 5:30 P.M. COMMUNITY ROOM Regional Trail Update /Destination Marketing Organization Tues Mar 4 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS. Mon Mar 17 Board and Commissions Annual Dinner Meeting 5:00 P.M. HUGHES PAVILION CENTENNAL LAKES Tues Mar 18 Work Session — Bike Edina Task Force /Joint Meeting With ETC 5:30 P.M. COMMUNITY ROOM Tues Mar 18 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Apr 1 Work Session- Watershed District Partnership /Utilities Review 5:30 P.M. COMMUNITY ROOM Tues Apr 1 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Apr 22 Business Meeting /Joint Meeting With Arts & Culture Comm. 5:30 P.M. COMMUNITY ROOM Tues Apr 22 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Zt3A, o e NAMING AND DEDICATION H ` ay OF CITY FACILITIES POLICY BACKGROUND AND PRINCIPLES The naming, renaming and dedication of city.facilities shall be reserved for circumstances where it best serves the city and assures a worthy legacy. The city: has a finite number of city facilities has limited resources for creating and changing names on signs, maps, and literature has donation potential in the naming and dedications if its facilities does not want to confuse or emotionally charge the public with naming decisions has a reputation and image that should be protected and enhanced Names of parks provide a context for a place and evoke an atmosphere that extends to the surrounding neighborhood. Based on the higher context value for the city, names of natural, geographic, and historical subjects shall have higher priority than names of individuals and entities. The lasting legacy of an individual or group is more objectively and accurately determined with a waiting period which allows adequate time to evaluate if the person's or group's service was truly exceptional and the person's or group's reputation stands the test of time. The waiting period should be a reasonable length of time to allow for any disreputable activity to surface in order to protect the city's interest. Waiting after a person's death allows time for strong emotions to dissipate so that the person's legacy to the city is objectively evaluated without being unduly influenced by the circumstances of the death. AUTHORITY The Edina City Council has the sole authority to dedicate, rename, or establish legal names for city facilities. DEFINITIONS City Facilities" shall include the following: Parks: All parks, open spaces, historic sites, golf courses, physical features (e.g. lakes), and trails Buildings: Structures that house city programs Major Features: Major components of city facilities (e. g. ball fields, swimming pools, tennis courts, playgrounds, fountains, art work,'Senior Center). Rooms within buildings are considered to be major features. Major city sponsored events are considered major features. Streets: The streets owned by the City of Edina Amenities: Smaller furnishings and facilities in the city (e. g. benches, small fountains, tables, etc.). Amenities are not named. Recognition for donated amenities is covered under the City of Edina Donations. Policy. Dedication: An honor given to an exceptional individual; it does not change the name of the facility. NAMING AND RENAMING CITY FACILITIES Naming or renaming shall include a public process, which is open to all potential names for a particular city facility. Public notification and the opportunity for public comment are required.. For naming and renaming a city facility, the appropriate advisory board or commission shall facilitate the naming process. For city facilities without advisory boards or commissions, the Park Board shall facilitate the process. Names of natural, geographic, and historical subjects shall be given higher priority. The naming or renaming of all city facilities, except parks, shall be for a fixed, defined period and clearly stated in the naming request. Names may be renewed by council action. Excessive naming of different parts of the same park or building shall be avoided. . If named for a person, the name used shall be the. family name, and it shall be used in naming only one city facility. Exceptional public service and strong public sentiment shall be demonstrated. Naming and renaming requests require a petition stating the exceptional service, with at least 300 signatures of Edina residents 18 years and older. A building, major feature, or street shall be named for a living individual, only if such individual meets all the following criteria: has made a particularly meritorious contribution, over a period of several years, to the general public interest has been or is a resident of the City of Edina has ended his or her substantive, formal relationship with the city no sooner than four years prior to the naming request If the individual is deceased, the naming requirements shall be those stated above and has passed away no sooner than':four years prior to the naming requestu.....___._.._._x.... A park shall not be named or renamed for a living person unless that individual's name was requested as a condition made by the donor of the land, and meets all the naming criteria required for buildings, major features, or streets. 1 NAMING AND RENAMING REQUESTED AS A CONDITION OF A DONATION Naming or renaming of city facilities as a condition of a donation needs to meet all of the following criteria: shall not require a petition shall be rescinded for legitimate reason (e.g. disreputable behavior, when an entity goes out of business) shall not be allowed for entities involved in promoting unhealthy or addictive products, habits and lifestyles 2 When naming a major feature, the donation shall fund substantial capital costs, and at the council's discretion, preferably an endowment that will fund programming or maintenance. When naming a building is being considered as a condition to a donation, that donation shall meet one or more of the following minimum donation criteria: deeding to the city most if not all of the land on which the city facility to be named will be situated payment of one -half or more of the capital costs of constructing a city facility to be named the provision of significant program costs for facilities that will serve city program needs A park shall not be named or renamed as a condition of a donation, except for the donation of the land on which the park will be located. DEDICATIONS A person or group may be honored by having a city facility dedicated in their name. All dedications shall be for a defined, fixed period, clearly stated in the action granting the dedication. The acknowledgement of this honor at the city facility: shall be discreetly placed shall not overwhelm the facility or detract from the aesthetic or experience shall not confuse the public about the facility's name Exceptional public service and strong public sentiment must be demonstrated for a dedication to be considered. Therefore, dedication requests require the stating of the exceptional public service in either a petition with at least 100 signatures of Edina residents whom are 18 years and older or in the written request of two members of council. Dedication requests that are a condition of a donation: do not require a petition require a minimum donation, which is stated in the Naming and Dedication Procedures IMPLEMENTATION PROCEDURE Refer to the City of Edina "Naming and Dedication Procedures" for implementation process. 3 MINUTES OF THE WORK SESSION OF THE EDINA CITY COUNCIL HELD AT CITY HALL JANUARY 22,2013 5:36 P.M. CALL TO ORDER/ROLL CALL Mayor Hovland called the meeting to order at 5:36 p.m. in the Community Room of City Hall. Answering rollcall were Members Bennett, Brindle,Sprague, Swenson and Mayor Hovland. Attending from the Donations & Naming Working Group of the Park Board were: Chair Ellen Jones, Andy Otness and Bob Kojetin. Edina City Staff attending the meeting: Jennifer Bennerotte, Communications and Technology Services Director; Susan Faus, Assistant Parks and Recreation Director; Ann Kattreh, Parks and Recreation Director; Ari Klugman, City Manager Intern; Karen Kurt, Assistant City Manager; Debra Mangen, City Clerk; and Scott Neal, City Manager. Working Group Chair Jones reviewed the Draft Naming and Dedication of City Facilities and the Donations policies with the Council. She noted the group is recommending adoption of a formal donations policy, a citywide donations application and acceptance agreement, a pamphlet and public relations/outreach encouraging donations, including volunteer time, a separate sponsorship and advertising policy, and enhanced recognition to be more encouraging of donations and consistent in the handling of them. It would be helpful to inform residents how decisions would be made relative to naming of city facilities, the potential for recognition of donations and potential sunsets of naming. She pointed out that the draft policy defined various terms that would, if adopted, have standardized meaning. The Council and Working Group members discussed various aspects of the proposed donations policy including use of the Edina Community Foundation as a conduit for handling donations, handling of pledged gifts and receipt of a pledged gift, and recognition of gifts. On naming, Ms.Jones noted that one of every five Edina parks has been renamed in the past 50 years, most of them for retired city officials. She added that research showed that natural and historic names had more "bonding" power for residents. The Working Group was recommending more deliberation in the naming of city facilities, the passage of time and public input before a city facility was named or renamed after a person, and consideration of branding, place-making and naming-related donations. It was agreed that other cities' policies be reviewed in further detail before reconsideration of the draft policies." Mayor Hovland declared the meeting adjourned at 6:55 p.m. Respectfully submitted, D bra A. Mang n, Ci Jerk Minutes approved by Edina City Council, February 5, 2013. Ja es B` Mayor Appendix G Renaming of Garden Park to Yancey Park (October 7, 2020) 1. Race and Equity Initiative Final Report & Recommendations (Version 2.0, 6/26/18) cover page. 2. Executive Summary/Five Themes/Implementation Recommendation. 2 pages 3. City Government Findings and Recommendations. 1 page 4. Human Rights & Relations Commission (HRRC) 2019 work plan, page 2 5. Parks & Recreation Commission (PARC) 2019 work plan, page 2 6. Minutes of HRRC meeting, 9/24/19, page 4 7. Minutes of HRRC meeting, 10/22/19, page 2 8. Memorandum of Recommendation from HRRC to PARC, 1/16/20, 1 page 9. Minutes of PARC meeting, 2/11/20, page 2 10. Report/Recommendation of PARC to Edina City Council, 10/07/20, 1 page 11. Minutes of the Regular Meeting of the Edina City Council, 10/07/20, pages 8 and 9 12. “Edina park renamed in honor of Black pioneers”, by Caitlyn Anderson, c. 10/16/20, Edina Sun Current. https://www.hometownsource.com/sun_current/community/edina-park-renamed-in-honor-of-black-pioneers/article_0571b28a-0fd2-11eb-8936-2b20ba6d33d5.html#:~:text=The%20Edina%20City%20Council%20voted,and%20equity%20work%20in%20Edina. City of Edina • 4801 W. 50th St. • Edina, MN 55424 Human Rights and Relations Commission Phone 952- 826-1622 • Fax 952-826-0390 • EdinaMN.gov Date: January 16, 2020 To: Parks and Recreation Commission Members cc: Perry Vetter, Parks and Recreation Director and Commission Staff Liaison From: Human Rights and Relations Commissions Subject: Review and comment on a City public facility to be named after BC and Ellen Yancey. 2019 Human Rights and Relations Commission Work Plan - Initiative #2 Information and Background: The Human Rights and Relations Commission (HRRC) was charged to serve on a cross-commission committee with the Parks and Recreation Commission to review the naming of a public facility in the Grandview area after BC and Ellen Yancey on the HRRC 2019 Work Plan. Human Rights and Relations Commission Comments: At the September 24, 2019 Human Rights and Relations Commission meeting, it was unanimously approved that we recommend either Garden Park (a 19-acre park conveniently located on the corner of Vernon Avenue and Hansen Road) or Wooddale Park (located on West 50th Street and Wooddale Avenue in Northeast Edina, a popular five-acre park) be renamed after the Yancey Family. The HRRC did contact the Heritage Preservation to get a more definitive location of the Yancey Homestead, which was near the Grandview area; however, one of the two parks was considered a better option for the renaming. Many members of the Commission felt these two parks have high visibility and are often frequented. Considering the fact that residents use the actual names of the Park while referring to them, we also felt that by choosing a park, the Yancey name will be used for generations to come. Date: October 7, 2020 Agenda Item #: IX.A. To:Mayor and City Council Item Type: Report / Recommendation From:Perry Vetter, Parks and Recreation Director Item Activity: Subject:Parks & Recreation Commission's Recommendation on Renaming Garden Park Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve the renaming of Garden Park to Yancey Park. INTRODUCTION: This initiative was part of the Race & Equity Work Plan. It was delegated to the Human Rights & Relations and Parks & Recreation Commissions to make a recommendation for Council consideration. ATTACHMENTS: Description Staff Report HRRC Memo to PARC Recommendation October 7, 2020 Mayor and City Council Perry Vetter, Parks & Recreation Director Parks & Recreation Commission’s recommendation for renaming a public facility after the BC and Ellen Yancey family. Information / Background: The Parks & Recreation Commission (PARC) was asked to Chair/Co-Chair a cross-commission committee with the Human Rights & Relations Commission (HRRC) to review the naming of a public facility in the Grandview area after the BC and Ellen Yancey family. The HRRC provided a recommendation memo to the PARC for the commission’s review. The memo requested PARC consider naming either Wooddale Park or Garden Park after the Yancey Family. The commission reviewed the memo at their February 11, 2020 regular meeting and did additional research on the two parks before making their decision. Recommendation: The Parks & Recreation Commission recommends to name Garden Park after the BC and Ellen Yancey family. Rationale for Recommendation: The Commission found that Wooddale Park: • Has a visible history being named after the Wooddale School, of which remnants were incorporated into the park design. • There are many memorials, donations and plaques throughout the park. That Commission found that Garden Park: • Had great naming ability because it currently is named after a subdivision. Staff Recommendation: The Parks & Recreation Director and the Race & Equity Coordinator support the renaming of Garden Park. Upon City Council approval, the two departments will plan for the renaming of Garden Park to Yancey Park. City of Edina • 4801 W. 50th St. • Edina, MN 55424 Human Rights and Relations Commission Phone 952- 826-1622 • Fax 952-826-0390 • EdinaMN.gov Date: January 16, 2020 To: Parks and Recreation Commission Members cc: Perry Vetter, Parks and Recreation Director and Commission Staff Liaison From: Human Rights and Relations Commissions Subject: Review and comment on a City public facility to be named after BC and Ellen Yancey. 2019 Human Rights and Relations Commission Work Plan - Initiative #2 Information and Background: The Human Rights and Relations Commission (HRRC) was charged to serve on a cross-commission committee with the Parks and Recreation Commission to review the naming of a public facility in the Grandview area after BC and Ellen Yancey on the HRRC 2019 Work Plan. Human Rights and Relations Commission Comments: At the September 24, 2019 Human Rights and Relations Commission meeting, it was unanimously approved that we recommend either Garden Park (a 19-acre park conveniently located on the corner of Vernon Avenue and Hansen Road) or Wooddale Park (located on West 50th Street and Wooddale Avenue in Northeast Edina, a popular five-acre park) be renamed after the Yancey Family. The HRRC did contact the Heritage Preservation to get a more definitive location of the Yancey Homestead, which was near the Grandview area; however, one of the two parks was considered a better option for the renaming. Many members of the Commission felt these two parks have high visibility and are often frequented. Considering the fact that residents use the actual names of the Park while referring to them, we also felt that by choosing a park, the Yancey name will be used for generations to come. Appendix H University of California Davis Law Review Article Ann Bartow, “Trademarks of Privilege: Naming Rights and the Physical Public Domain,” University of California Davis Law Review, Vol. 40, No. 3 (2007) 919 Trademarks of Privilege: Naming Rights and the Physical Public Domain Ann Bartow* This Article critiques the branding and labeling of the physical public domain with the names of corporations, commercial products, and individuals. It suggests that under-recognized public policy conflicts exist between the naming policies and practices of political subdivisions, trademark law, and right of publicity doctrines. It further argues that naming acts are often undemocratic and unfair, illegitimately appropriate public assets for private use, and constitute a limited form of compelled speech. It concludes by considering alternative mechanisms by which the names of public facilities could be chosen. TABLE OF CONTENTS INTRODUCTION ................................................................................... 921 I. TRADEMARKS, RIGHTS OF PUBLICITY, AND NAMING RIGHTS...... 922 A. Trademarks as Names ....................................................... 929 B. Individuals Who “Mark” Public Facilities.......................... 932 C. The “Thurmondization” of South Carolina ........................ 934 II. NAMING NAMES ....................................................................... 945 III. THE POLITICAL ECONOMY OF NAMING THE PHYSICAL PUBLIC DOMAIN ....................................................................... 952 A. Purchased Honorific Naming............................................. 953 B. Sua Sponte Honorific Naming............................................ 953 IV. ROADS, STREETS, BOULEVARDS, AVENUES, AND LANES.............. 956 V. NAMING AS COMPELLED SPEECH .............................................. 961 VI. “DE-NAMING”.......................................................................... 963 CONCLUSION...................................................................................... 969 * Associate Professor of Law, University of South Carolina School of Law. I thank Al Brophy, Anupam Chander, Sally Greene, Pam Samuelson, and Madhavi Sunder for their helpful input and encouragement. This article is dedicated to Casey Bartow- McKenney. 920 University of California, Davis [Vol. 40:919 *** 2007] Trademarks of Privilege 921 INTRODUCTION Few people are likely to want to live on a thoroughfare named 198,457th Street because such an address lacks personality and interest. When public amenities are accorded more colorful denominations, however, complications can ensue. A corporation may pay tens of thousands of dollars to “brand” a public building with one of its trademarks, while local politicians are likely to invest only political capital in arranging to have public facilities named for themselves.1 The legal issues related to naming rights and the physical public domain are often difficult to discern, and the political processes through which naming decisions are made are frequently invisible to the public.2 The Lanham Act conceptualizes the names of goods and services as forms of intangible commercial property and allows these names to be bought, sold, and leased in acknowledgement of the fact that the names possess monetary value both derived from and independent of their associations with commercial enterprises.3 A mark’s value is related to how recognizable it is and how many positive associations it carries.4 A strong, widely recognized trademark like Coca-Cola began life as a designation for a particular carbonated beverage, but now graces a wide range of products, including sportswear and cookie jars.5 Licensees purchase the right to affix the Coca-Cola mark to their products because the mark adds value that consumers are willing to pay for. When public assets are named, these dynamics are almost completely reversed. Public parks, schools, roads, buildings, and related amenities are valuable because they are visible and useful. When names or trademarks are appended to these public assets, the honoree or mark holder reaps some measure of this value, and thus this value is “privatized.”6 Commercial entities generally compensate 1 See discussion infra Part I. 2 See discussion infra Part II. 3 Lanham Act, 15 U.S.C. §§ 1051-1141 (2006), available at http://www.bitlaw.com/source/15usc/index.html. 4 See Helen Lom, Director-Advisor Brand Development, World Intellectual Property Organization, Branding: How to Use Intellectual Property to Create Value for Your Business?, http://www.wipo.int/sme/en/documents/branding.htm (last visited Feb. 22, 2007). 5 See NuNet, Online Shopping Mall, Coca-Cola Merchandise, http://shopsite.nni.com/cocacola.html (last visited Dec. 28, 2006). 6 See discussion infra Part III. 922 University of California, Davis [Vol. 40:919 the public for this usurpation of public goodwill by proffering payment for “naming rights.”7 Private individuals, however, often claim public domain naming privileges for themselves, wielding power and exercising privileges that are available only to a small cohort of the population, and doing so outside the margins of democratic processes.8 The men who control this nation embed their names and marks into the public domain at every opportunity. This Article suggests that such actions should be interrogated and challenged. I. TRADEMARKS, RIGHTS OF PUBLICITY, AND NAMING RIGHTS Trademarks are words, short phrases, symbols, pictures, designs, or other features used in conjunction with specific goods or services to indicate the source of the goods or services and distinguish them from commercial offerings of competitors.9 The right of publicity is concerned with the goodwill and market value associated with the names, visages, or unique, identifiable qualities of individual — generally people who may be characterized as “celebrities.”10 The right of publicity and trademark are independent legal constructs; trademark protections and proscriptions are largely the provenance of federal law, while rights of publicity are somewhat more amorphously demarcated by various state laws and common law doctrines.11 7 Naming rights are defined as the right to name a piece of property, either tangible property or an event, usually granted in exchange for financial considerations. Institutions like schools, places of worship, and hospitals have a tradition of granting donors the right to name facilities in exchange for contributions, with the general rule being that the larger the contribution, the larger the facility named. See Wikipedia, Naming Rights, http://en.wikipedia.org/wiki/Naming_rights (last visited Dec. 28, 2006). 8 See discussion infra Parts I, III. 9 See Lanham Act § 45, 15 U.S.C. § 1127 (2006). 10 The Restatement (Third) of Unfair Competition addresses the right of publicity as follows: “One who appropriates the commercial value of a person’s identity by using without consent the person’s name, likeness, or other indicia of identity for purposes of trade is subject to liability for [monetary and injunctive relief].” RESTATEMENT (THIRD) OF UNFAIR COMPETITION § 46 (1995). For more information on the right of publicity, see generally Sheldon W. Halpern, The Right of Publicity: Maturation of an Independent Right Protecting the Associative Value of Personality, 46 HASTINGS L.J. 853 (1995); Sheldon W. Halpern, The Right of Publicity: Commercial Exploitation of the Associative Value of Personality, 39 VAND. L. REV. 1199, 1203-15 (1986); Michael Madow, Private Ownership of Public Image: Popular Culture and Publicity Rights, 81 CAL. L. REV. 125 (1993). 11 An overview of the right of publicity doctrine is as follows: The Right of Publicity prevents the unauthorized commercial use of an individual’s name, likeness, or other recognizable aspects of one’s persona. 2007] Trademarks of Privilege 923 These doctrines intersect, however, in the context of claims brought under a provision of the Lanham Act, which prohibits the use in commerce of a name or symbol that is “likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person.”12 Celebrities obtain federal trademark registration for the names under which they perform.13 Under Section 43(a) of the Lanham Act, celebrity names that qualify as unregistered trademarks are protected from acts that constitute “false designation of origin.”14 Under common law or state law “right of publicity” precepts, a celebrity might have an exclusive right to commercially It gives an individual the exclusive right to license the use of their identity for commercial promotion. In the United States, the Right of Publicity is largely protected by state common or statutory law. Only about half the states have distinctly recognized a Right of Publicity. Of these, many do not recognize a right by that name but protect it as part of the Right of Privacy. The Restatement (Second) of Torts recognizes four types of invasions of privacy: intrusion, appropriation of name or likeness, unreasonable publicity and false light. Under the Restatement’s formulation, the invasion of the Right of Publicity is most similar to the unauthorized appropriation of one’s name orlikeness. In other states the Right of Publicity is protected through the law of unfair competition. Actions for the tort of misappropriation or for a wrongful attempt to “pass off” the product as endorsed or produced by the individual help to protect the right of publicity. Cornell Law School Legal Information Institute, Wex, Publicity, http://www.law.cornell.edu/wex/index.php/Publicity (last visited Jan. 11, 2006) (citations omitted); see RESTATEMENT (SECOND) OF TORTS §§ 652A-652I (1977), available at http://cyber.law.harvard.edu/privacy/Privacy_R2d_Torts_Sections.htm; Cornell Law School Legal Information Institute, Wex, Unfair Competition, http://straylight.law.cornell.edu/wex/index.php/unfair_competition (last visited Dec. 28, 2006). 12 Lanham Act § 43, 15 U.S.C. § 1125 (2006). 13 See, e.g., Mary Blume, Hemingway Furnishings for a Moveable Feast, INT’L HERALD TRIB., Jan. 2, 1999, at 20, available at http://www.iht.com/articles/1999/01/02/ papa.t.php; Own It: Creative London Intellectual Property Advice Service, Brando Becomes Brand, Oct. 20, 2004, http://www.own-it.org/news/article/?p=15&a=210&t= &v=a; John Fulwider, Nebraska Hospital Caught in Madonna Trademark Spat, NEB. STATEPAPER.COM, Aug. 23, 2000, http://nebraska.statepaper.com/vnews/display.v/ART/ 2000/08/23/39a423f07?in_archive=1. See generally Stephanie Dotson Zimdahl, Comment, A Celebrity Balancing Act: An Analysis of Trademark Protection Under the Lanham Act and the First Amendment Artistic Expression Defense, 99 NW. U. L. REV. 1817 (2005). 14 Lanham Act § 43(a), 15 U.S.C. § 1125(a). See generally Zimdahl, supra note 13, at 1817. 924 University of California, Davis [Vol. 40:919 exploit her name and image.15 If someone named a business or product after a famous person without obtaining permission from either the individual or the individual’s heirs, she could expect legal objections on both trademark-related and right of publicity grounds.16 Trademark and right of publicity laws do not, however, address situations in which an individual or her heirs approves of the use of the name, but members of the public object to it. Neither body of law provides legal remedies to an individual who does not wish to see a road, park, or school named after a particular local celebrity, businessperson, or politician. Trademark law offers members of the public an opportunity to object to the federal registration of a trademark on the grounds that it “[c]onsists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.”17 Applying an individual’s name to a public facility, however, does not typically turn the name into a trademark at all, no less one suitable for federal registration. Trademark rights are acquired through the use of a mark in commerce,18 which would not typically occur when a public facility is named. Trademark law provides a cause of action against “any person” who confuses consumers about whether there is an “affiliation, connection or association” between a trademark holder and an independent source of goods and services.19 Thus, there is an uneasy intersection between naming (or “branding”) practices and trademark law.20 For 15 See Lloyd L. Rich, Publishing Law Center, Right of Publicity, http://www.publaw.com/rightpriv.html (last visited Feb. 18, 2007). See generally Zimdahl, supra note 13, at 1817. 16 Examples include the suit brought by Elvis Presley’s heirs against the Velvet Elvis nightclub, and Johnny Carson’s suit against Here’s Johnny Portable Toilets, Inc. See Elvis Presley Enters. v. Capece, 141 F.3d 188 (5th Cir. 1998); Carson v. Here’s Johnny Portable Toilets, Inc., 698 F.2d 831 (6th Cir. 1983). 17 15 U.S.C. § 1052(a) (2006); see, e.g., Ritchie v. Simpson, 170 F.3d 1092 (Fed. Cir. 1999); Pro-Football, Inc. v. Harjo, 284 F. Supp. 2d 96 (D.D.C. 2003); Order Sons of Italy in Am. v. Memphis Mafia, Inc., 52 U.S.P.Q.2d (BNA) 1364 (T.T.A.B. July 9, 1999). 18 See Lanham Act § 1, 15 U.S.C. § 1051 (2006). 19 Lanham Act § 43(a), 15 U.S.C.§ 1125(a) (2006). 20 See Rob Walker, The Brand Underground, N.Y. TIMES, Aug. 30, 2006, § 6 (Magazine), at 29 (“But branding is more complicated than that. It is really a process of attaching an idea to a product. Decades ago that idea might have been strictly utilitarian: trustworthy, effective, a bargain. Over time, the ideas attached to products have become more elaborate, ambitious and even emotional. This is why, for example, current branding campaigns for beer or fast food often seem to be making 2007] Trademarks of Privilege 925 example, the University of South Carolina’s main sports coliseum is named the Colonial Center, in reference to the Colonial Life Insurance Company, which publicly proclaims itself a “naming partner” of the University of South Carolina, a public university.21 In addition to being a company name, the word “Colonial” serves as a trademark for the company, and is a federally registered mark.22 However, the Colonial Life Insurance Company does not own the coliseum that bears its name, nor does it operate the facility in any way. Rather, the Colonial Center is managed by an independent vendor, Global Spectrum, Inc.23 The Colonial Center itself is owned by the University of South Carolina. Therefore, in a more generalized way, the Colonial Center is owned by the state, and by the very citizens of South Carolina, many of whom contributed and continue to contribute tax dollars toward its construction and maintenance.24 The building’s front entrance, directly beneath the Colonial Center’s marquee, declares itself “The Home of the Carolina Gamecocks.” It is doubtlessly this public association with the University and with the some sort of statement about the nature of contemporary manhood. If a product is successfully tied to an idea, branding persuades people — consciously or not — to consume the idea by consuming the product. Even companies like Apple and Nike, while celebrated for the tangible attributes of their products, work hard to associate themselves with abstract notions of nonconformity or achievement. A potent brand becomes a form of identity in shorthand.”); Wikipedia, Brand, http://en.wikipedia.org/ wiki/Brand (last visited Feb. 18, 2007). 21 Colonial Supplemental Insurance, http://www.coloniallife.com/ (last visited Feb. 18, 2007) (“Colonial Supplemental Insurance, in partnership with the University of South Carolina Athletics Department, is the proud naming rights sponsor of The Colonial Center in Columbia, SC.”). 22 See U.S. Trademark Serial No. 78,571,670 (filed Feb. 21, 2005); U.S. Trademark Serial No. 76,309,199 (filed Sept. 5, 2001). 23 Colonial Center, About the Center: General Information, http://www.thecolonialcenter.com/aboutthecenter_index.html (last visited Feb. 18, 2007) (“The University of South Carolina’s Athletic Department is the primary owner and operator of the Colonial Center, ranked 22nd in the world for total tickets sold in 2003 by Pollstar Magazine. Global Spectrum, the fastest growing public assembly management firm with over 40 facilities, manages the Colonial Center for the University of South Carolina Athletic Department. Global Spectrum is a subsidiary of Comcast-Spectacor, of Philadelphia, PA, which owns the Philadelphia Flyers, the Philadelphia 76ers, the Wachovia Center, the Wachovia Spectrum and several other entities.”). 24 Cf. University of South Carolina, Men’s Basketball: Colonial Center Information, http://uscsports.cstv.com/sports/m-baskbl/spec-rel/041802aaa.html (last visited Feb. 18, 2007) (“[U]nlike most sports/entertainment centers, [the Colonial Center] does not put taxpayers on the hook for any annual losses. The athletics department is responsible for any annual shortfall with those funds coming out of the athletics operating budget.”). 926 University of California, Davis [Vol. 40:919 Carolina Gamecocks that made the naming rights so attractive to Colonial Life. How much money Colonial contributed toward the venture to acquire naming rights is not publicly known, nor is it clear exactly where these funds went.25 Some possibilities include the operating vendor Global Spectrum, Inc., the University of South Carolina’s Athletics Department, the University’s general coffers, or the five enigmatic University of South Carolina Foundations, private foundations that collectively operate in conjunction with the University and its endowment and investment portfolio.26 How the University of South Carolina selected Colonial to be the coliseum’s naming rights partner is also a mystery. Perhaps the University auctioned off the naming rights to the highest bidder. Possibly Colonial had a preexisting relationship with the University administration, or with Global Spectrum, Inc., that led to the company’s selection. Perhaps another set of criteria enabled Colonial to prevail. The rationale behind the selection has never been publicly disclosed. Although naming rights are creatures of contract, in some aspects naming rights function more like property rights than trademarks. Branding names occupy rental space on billboards and marquees, and in advertisements and labels related to whatever resource the naming rights are associated with. Often these names are trademarks, but they are featured in non-trademark roles. Branding names promote the idea that a substantial commercial relationship exists between the 25 But see Colonial Center, USC enters 12-year naming rights agreement with Colonial Life & Accident Insurance Company, http://uscsports.cstv.com/genrel/ 100703aaa.html (last visited Feb. 18, 2007) (“The University of South Carolina and Colonial Life & Accident Insurance Company of Columbia have agreed to a naming rights sponsorship for USC’s 18,000-seat basketball arena. USC’s arena, which opened in November, 2002, will now bear the name The Colonial Center. The announcement came during an October, 2003, press conference at Colonial’s headquarters in Columbia. The naming rights agreement is a 12-year, $5.5 million pact. The agreement also includes exterior and interior signage at the arena, in addition to promotional packages with the Gamecock athletics program that will be available for Colonial.”). 26 See University of South Carolina, Office of University Foundations, http://www.sc.edu/foundations/index.shtml (last visited Feb. 18, 2007). Although these Foundations operate in conjunction with the University of South Carolina, they are somehow exempt from the open records requirements that apply to public entities like the University of South Carolina. See South Carolina Public Records Act, S.C. CODE ANN. §§ 30-1-10 to -180 (1976), available at http://www.state.sc.us/scdah/ praf.htm; Freedom of Information Act, S.C. CODE ANN. §§ 30-4-10 to -165 (1976), available at http://www.scstatehouse.net/code/t30c004.htm. 2007] Trademarks of Privilege 927 name and the named premise that is beyond simple naming rights. For example, as a “naming partner,” Colonial obtains a particular kind of visibility that includes and is intertwined with the University of South Carolina’s reputation and goodwill. This is far more than mere advertising space. In some contexts, the Colonial trademark commandeers the mental association that otherwise would adhere to the University of South Carolina. When the public sees or hears a commercial for an upcoming Monster Truck Show at the Colonial Center, the name “Colonial” usurps the nominative position of source identifier. Thus, any association with the University is muted or obscured, even though “Colonial” is not the source or the sponsor of the event. Arguably, this comes close to intentional deception. This sort of interference with a consumer’s ability to distill accurate source-identifying information from a trademark usage conflicts with trademark law’s stated goal of conveying accurate information to consumers.27 Mark holders, however, are likely to embrace rather than challenge good will that can be harvested from the physical public domain. In other, non-trademark respects, the commodification of naming rights may seem economically rational, and auctioning these rights to the highest bidder would seem like the fairest and most logical revenue-maximizing approach to this process. However, basing the selection of a naming partner strictly on the highest monetary bid might be problematic from a branding standpoint if the highest bidder’s name carried an association that a university or municipality considered unattractive or unseemly. One might imagine the University’s reluctance to have the “Home of the South Carolina Gamecocks” denominated after a foot fungicide or rectal itching remedy, regardless of how much cash the companies marketing these products were willing to spend. Any product or company with a strong connection to “sins,” such as alcohol, tobacco, or gambling, might have been considered risky or inappropriate, and associations with feminine or ethnic connotations could have been rejected as undesirable as well.28 Similarly, the name of a funeral home or 27 “A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.” United States Patent and Trademark Office, What Are Patents, Trademarks, Servicemarks, and Copyrights?, http://www.uspto.gov/web/offices/pac/doc/general/ whatis.htm (last visited Feb. 18, 2007). 28 The University of South Carolina changed the name of its business school from the Darla Moore School of Business, adopted in honor of a generous benefactor, to the more gender-neutral Moore School of Business, in all likelihood to escape the taint of 928 University of California, Davis [Vol. 40:919 mortuary service would have been thought to set too somber a tone for an entertainment complex. In the absence of publicly accessible written rules or policies, the public has no way of ascertaining what considerations went into the “naming partner” selection process. It is also unclear under what circumstances the Colonial “co-branding” name would or could — without violating contractual provisions — be removed.29 “Darla”-associated girlishness. No one has ever accused South Carolina of being home to progressive thought. The Confederate battle flag flies over its capitol. Its military school, The Citadel, fought to exclude women. And it has Strom Thurmond. The image of the Palmetto State, though, may be changing, thanks to one of its illustrious — and wealthy — native daughters. On Mar. 27, the University of South Carolina, in Columbia, will become home to the first major U.S. business school named after a woman when it is christened the Darla Moore School of Business. Moore, a native of Lake City, S.C., and member of the undergrad class of ‘75, is donating a record $25 million to the B-school. The former banker is president of Rainwater Inc., an investment firm run by husband Richard Rainwater. University President John Palms says naming the school for Moore is a step in the state’s effort to be more progressive: “This university has always been the index to the ambition of this state. To name a major business school for a woman is a big deal.” Moore, who got her MBA from George Washington University, agrees. “They didn’t have to name the school after me. There were other alternatives,” she says. “But I think they wanted to make a quantum leap in the image they want to portray.” Stephanie Anderson Forest, Darla Moore: The Lady Is a B-School, BUS. WK., Mar. 30, 1998, at 6, available at http://www.businessweek.com/1998/13/b3571022.htm Elaborating on this idea: Ms. Moore, a 50-year-old investment guru who runs a $2-billion investment company with her husband, has steadily been making multimillion-dollar charitable gifts, and decided over the course of a single lunch with fund raisers from the University of South Carolina, her alma mater, that she would make the $25-million gift and accept their offer to rename the business school after her. “The very idea that a bastion of capitalism would be named for a woman appealed to me,” she recalls, “and the fact that this is Strom Thurmond country, well, it was just a home run.” Holly Hall, Power of the Purse, CHRON. PHILANTHROPY, Feb. 17, 2005, at 7, available at http://philanthropy.com/free/articles/v17/i09/09000701.htm; see Wikipedia, Moore School of Business, http://en.wikipedia.org/wiki/Moore_School_of_Business (last visited Feb. 18, 2007). 29 The “Enron” name was removed from a stadium in Houston when the troubled company failed to make good on its pledged “donations.” Bad behavior alone might 2007] Trademarks of Privilege 929 Naming practices are important because the names of public amenities communicate information about a community and its heritage. Legal scholar Sanford Levinson has written that when monuments in the former Soviet Union were being toppled and carted off as the communist regime fell, even strong anti-communists were disconcerted by the destruction of cultural objects.30 When a public facility is renamed, it has the effect of literally removing the offending trademark from the public consciousness, altering the cultural meaning and perhaps even the very nature of a portion of the physical community. The social connection between the coliseum and the University of South Carolina is arguably weakened by the presence of an appended corporate name, despite its on-campus location. A. Trademarks as Names The divergence between trademark law and naming practices is clearest when the name involved is a corporation, as with the Colonial Center, or to provide a few additional examples, Anheuser-Busch Hall, which houses the Washington University School of Law in St. Louis,31 and Minute Maid Park, a municipal facility in Texas where the Houston Astros play baseball (formerly known as Enron Field).32 These are trademarks, but they are being put to non-trademark, almost ornamental uses because they are not acting as source identifiers with respect to the venues with which they are identified. Holders of these trademarks seem perfectly content to allow consumers to be confused have resulted in the same penalty if Houston, or the teams or vendors associated with the venture, feared that negative associations would harm the stadium monetarily, or sully its reputation in some way. Cf. Minute Maid Park, http://www.ballparks.com/ baseball/national/bpkaus.htm (last visited Dec. 29, 2006) (“On April 7, 1999, Houston-based Enron Corporation agreed to pay more than $100 million over 30 years to name the stadium Enron Field. However, on December 2, 2001 Enron became the largest corporation in history to declare bankruptcy. On February 27, 2002, the Astros made an agreement with Enron to buy back the naming rights. After two full seasons of being called Enron Field, the home of the Houston Astros then became temporarily know as Astros Field. On June 5, 2002, the Astros announced that the Minute Maid Company, a locally-based subsidiary of the Coca-Cola Company since 1960, will pay an estimated $170 million for a 28-year naming rights deal.”). 30 SANFORD LEVINSON, WRITTEN IN STONE 13-14 (1998). 31 See Washington University in St. Louis School of Law, State-of-the-Art Facilities, http://law.wustl.edu/Admissions/index.asp?id=99 (last visited Feb. 18, 2007). 32 See Houston Astros, Minute Maid Park, http://houston.astros.mlb.com/NASApp/ mlb/hou/ballpark/index.jsp (last visited Feb. 18, 2007). 930 University of California, Davis [Vol. 40:919 about associations between the marks and the identities of the actual goods and services providers. Attempts to saturate the culture with a trademark may render it famous, by integrating the mark into the social fabric. However, as Sarah Stadler Nelson has persuasively argued, intentionally fostered mark ubiquity constitutes a powerful form of self-inflicted mark dilution.33 When trademarks appear in a wide variety of contexts, disconnected from the goods or services they were originally associated with in commerce, they lose their power as distinctive source identifiers.34 Other incongruities emerge as well. Tax law scholar Nancy Knauer has pointed out that if one views the raison d’etre of corporations to be strict profit-maximization, purely altruistic charitable contributions by a corporation would violate its fiduciary duties to its shareholders.35 When “charitable” giving results in naming rights, however, corporate giving more neatly fits into an overall profit-maximizing strategy.36 In fact, purchased naming rights may promote the perception of charitable behavior on the part of the entity that places its name on a building, but actually function as an advertising or promotional effort. The corporation receives valuable visibility and the simultaneous deceptive illusion of having been a generous benefactor. Trademark law assumes that a corporate entity’s reputational attributes can be imputed to any amenity or institution that bears its name. Trademark law purports to protect consumers from confusion,37 but offers no clarification to the person who buys a ticket to a rock concert at the Colonial Center, passes Anheuser-Busch Hall, or enters Minute Maid Park. The relationship between the corporation name that graces the venue and the service provided within would be a mystery to the average consumer. It is possible that the public can realistically ascertain who is each venue’s actual owner or proprietor and comprehend the commercially disconnected nature of the relationship between the venue and its name. However, such an 33 Sara Stadler Nelson, The Wages of Ubiquity in Trademark Law, 88 IOWA L. REV. 731, 784-91 (2003). 34 Id. 35 Nancy J. Knauer, The Paradox of Corporate Giving: Tax Expenditure, the Nature of the Corporation, and the Social Construction of Charity, 44 DEPAUL L. REV. 1, 22-23, 94 (1994). 36 Id. 37 See Greg Lastowka, The Trademark Function of Authorship, 85 B.U. L. Rev. 1171, 1189 (2005). See generally William M. Landes & Richard A. Posner, Trademark Law: An Economic Perspective, 30 J.L. & ECON. 265 (1987). 2007] Trademarks of Privilege 931 assumption would tend to support a belief in a level of cognitive acumen on the part of the public that is not often evidenced in mainline trademark jurisprudence.38 Public entities increasingly treat their nominative designations as proprietary.39 While public universities used to allow the public to use their names freely, they now privatize their names so that they can compel licenses and extract revenues from institutional affinities and boosterism.40 Municipal organizations such as the NYPD and FDNY have followed suit in order to profit from novelty consumer items marked with these designations.41 Ironically, when universities or other public entities claim trademark rights in their names, mascots, or other symbols, they protect their marks by claiming that unauthorized uses of their marks, or of similar marks, will confuse consumers and lead them to make incorrect assumptions about the source and quality of their marks.42 These legal claims and factual assertions reject the possibility that consumers are reasonably intelligent and discriminating.43 Thus, consumers are instrumentally 38 See generally Ann Bartow, Likelihood of Confusion, 41 SAN DIEGO L. REV. 721 (2004) (contending that for instrumental reasons, trademark holders assert, and courts sometimes accept, premise that consumers are very easily confused by similarities in trademarks and trade dress). 39 See infra notes 40-44 and accompanying text. 40 E.g., Univ. of Ga. Athletic Ass’n v. Laite, 756 F.2d 1535, 1536-37 (11th Cir. 1985); Bd. of Governors v. Helpingstine, 714 F. Supp. 167, 169 (M.D.N.C. 1989); Univ. of Pittsburgh v. Champion Prods., Inc., 566 F. Supp. 711, 722 (W.D. Pa. 1983); Univ. Book Store v. Bd. of Regents, 33 U.S.P.Q.2d (BNA) 1385, 1387 (T.T.A.B. June 22, 1994); see also Adam Liptak, Sports Artist Sued for Mixing Crimson and Tide, N.Y. TIMES, Nov. 12, 2006, at A1. 41 E.g., Barry Popik, The Big Apple, NYPD & FDNY, Nov. 14, 2004, http://www.barrypopik.com/index.php/new_york_city/entry/nypd_fdny; cf. Press Release, Fitzpatrick, Cella, Harper & Scinto, City Files Suit Against Illegal Seller of Merchandise Bearing Police and Fire Department Logos (Apr. 13, 2004), http://www.fitzpatrickcella.com/news/pressReleaseItem.cfm?pubID=246. 42 See Lanham Act § 32, 15 U.S.C. § 1114 (2006). 43 See, e.g., Car-Freshner Corp. v. S.C. Johnson & Son, Inc., 70 F.3d 267 (2d Cir. 1995); Network Network v. CBS, Inc., 54 U.S.P.Q.2d (BNA) 1150 (C.D. Cal. Jan. 18, 2000); Claiming Trademark Infringement, Harvard University Sues Another Business for Using Its Name, MATRIX, Feb. 2001, at 17, available at http://www.findarticles.com/p/articles/mi_m0HJE/is_1_2/ai_79961249; cf. Bromberg & Sunstein, Representative Trademark Cases: Harvard Pilgrim Health Care, Inc. v. President and Fellows of Harvard College, http://www.bromsun.com/cases/trademark- litigation.html (last visited Dec. 30, 2006) (case settled prior to adjudication); Be Spacific, UNC Wins Trademark Infringement Case (Sept. 16, 2002), http://www.bespacific.com/mt/archives/000140.html#000140; University of Hawai’i System, Collegiate Licensing Overview and FAQ, http://www.hawaii.edu/offices/eaur/ licensing_info.html (last visited Feb. 21, 2007). 932 University of California, Davis [Vol. 40:919 asserted to be easily confused about the sources of unauthorized sweatshirts, beer holders, or other paraphernalia bearing a university’s name, while simultaneously presumed sophisticated enough to understand that the corporation whose logo graces a public stadium is merely a “naming rights partner.”44 B. Individuals Who “Mark” Public Facilities Trademark laws are rooted in deeply held societal beliefs about the power of names and symbols.45 These laws enable commercial entities to append source identifiers to goods and services that can be kept relatively unique in the marketplace.46 Competitors who attempt to use the same or similar marks on the same or similar products can be enjoined so that they do not confuse consumers.47 Consumers can use trademarks to facilitate repurchasing products with which they have had positive experiences and to avoid goods and services that have previously disappointed them.48 These are not social functions that naming gestures would be expected to perform. As a general matter, the source of governmental authority to name public places and facilities after individuals, precisely how this power gets exercised, and the nature and effectiveness of any checks and balances upon the naming process are all relatively opaque. It is often unclear whether community members’ viewpoints are taken into account in any democratic, discursive way when making naming decisions. Because a naming gesture imputes social meaning to the physical public domain, acts of visible branding can infuse a public facility with strong associative values that affect public perceptions and permeate the collective public conscience. For example, both residents and outsiders are likely to view a community in which a public school is 44 See generally Stacey Dogan & Mark Lemley, The Merchandising Right: Fragile Theory or Fait Accompli?, 54 EMORY L.J. 461 (2005). 45 See generally ROSEMARY J. COOMBE, THE CULTURAL LIFE OF INTELLECTUAL PROPERTIES: AUTHORSHIP, APPROPRIATION, AND THE LAW (1998). 46 See Landes & Posner, supra note 37, at 268-69; Lastowka, supra note 37, at 1179. 47 See Lanham Act § 32, 15 U.S.C. § 1114 (2006). 48 Because trademarks can be bought, sold, or changed without notice to the consumer, there are limitations upon how useful to consumers trademarks actually are in this regard. See generally Bartow, supra note 38, at 721; Note, Badwill, 116 HARV. L. REV. 1845 (2003). 2007] Trademarks of Privilege 933 named for Robert E. Lee49 very differently from a community in which a public school is named for Martin Luther King, Jr.50 When something is named for an individual, but that individual is visibly connected with a commercial entity, the link between the business organization and the thing named (and therefore the conflict with trademark law) is arguably somewhat attenuated, but not without importance. For example, when the University of Florida’s law school was named the Frederic G. Levin College of Law, this forged a connection between the law school and Levin’s law firm and practice, as well as with Levin himself, within the public perception.51 This association is at least a trademark-related linkage, and its formation did not please everyone in the relevant community, either due to a dislike for Levin or antipathy toward the act of constructive privatization itself, and therefore engendered a fair amount of conflict.52 49 For examples of schools named after Robert E. Lee, see Lee High School, http://www.fcps.k12.va.us/LeeHS/index1024.html (last visited Nov. 19, 2006) (Springfield, Virginia); Robert E. Lee High School, http://www.neisd.net/lee/ (last visited Nov. 19, 2006) (San Antonio, Texas); Robert E. Lee High School, http://www.educationcentral.org/lee/ (last visited Oct. 30, 2006) (Jacksonville, Florida); Robert E. Lee High School, http://www.gccisd.net/lee/ (last visited Nov. 19, 2006) (Baytown, Texas); Robert E. Lee High School, http://www.tylerisd.org/Schools/ REL/home.htm (last visited Oct. 30, 2006) (Tyler, Texas). 50 For examples of schools named after Martin Luther King, Jr., see Martin Luther King High School, http://www.rusd.k12.ca.us/ourschools/mlk/ (last visited Oct. 30, 2006) (Riverside, California); Martin Luther King Academic Magnet, http://www.mlkmagnet.mnps.org/site15.aspx (last visited Oct. 30, 2006) (Nashville, Tennessee); Martin Luther King, Jr. High School, http://www.dekalb.k12.ga.us/ schools/high/mlking/ (last visited Oct. 30, 2006) (Lithonia, Georgia); Martin Luther King High School, http://www.djusd.k12.ca.us/KingHigh/ (last visited Oct. 30, 2006) (Davis, California); Martin Luther King High School, http://www.phila.k12.pa.us/ schools/mlking/ (last visited Oct. 30, 2006) (Philadelphia, Pennsylvania); Martin Luther King Jr. Junior High School, http://www.grant.k12.ca.us/schools/ schools/MLK.asp (last visited Oct. 30, 2006) (Sacramento, California). 51 See Denise Stobbie, UF College of Law Named for Prominent Lawyer Fredric G. Levin, U. FLA. NEWS, Jan. 6, 1999, http://www.napa.ufl.edu/99news/levin.htm. 52 One observer of resistance to naming gestures reported: The most notable example in recent years was UF’s decision in 1999 to name its law school after Fred Levin, a Pensacola lawyer who donated $10-million to the school. The decision attracted considerable criticism from law school alumni. Levin is a personal injury lawyer, a specialty some lawyers view with contempt. He once was publicly reprimanded by the state Supreme Court for admitting — on his own television show — that he had placed an occasional illegal bet with bookmakers. Many think the uproar led to the resignation of UF’s law school dean a few months later. It clearly led to a change in state policy. 934 University of California, Davis [Vol. 40:919 Current naming practices advantage the wealthy, male, and white. This seems consistently apparent in both the naming practices of private institutions that receive some degree of public funding, as well as the unequivocally public entities and services that are the primary focus of this Article. When wealthy white men receive naming honors, one could argue that these individuals “free ride” upon the goodwill associated with the named public facility. In some cases, it appears that private monetary donations lead to the integration of an individual’s name with physical public domain assets, and the naming gesture is at least in some sense a “paid placement.” In other situations, however, it seems as if individuals simply leverage their power and status to get their names prominently placed upon public facilities. C. The “Thurmondization” of South Carolina Sanford Levinson has written that the American South is unique in the extent to which memorials to lost causes occupy its places of public honor.53 Streets, parks, and even federal military installations are named for Confederate leaders.54 It is difficult to discern whether this reflects the desires of the public will writ large, or is simply a manifestation of the wish of a select few to impose a particular sort of cultural ordering upon the masses. Certain individuals can exert powerful influence upon the processes through which the physical public domain is named.55 One cannot spend even small amounts of time in South Carolina without encountering the name J. Strom Thurmond.56 A statue of the Barry Klein, Your Name Here, for a Price, ST. PETERSBURG TIMES, May 29, 2001, at 1A; see Martin Dyckman, Name a School for the Right Price, ST. PETERSBURG TIMES, Feb. 18, 1999, at 17A, available at http://www.afn.org/~afn54735/deans-levin2.html. 53 LEVINSON, supra note 30, at 44. 54 See generally Joseph G. Dawson III, Book Review, 47 CIVIL WAR HIST. 167 (2001) (reviewing CONFEDERATE SYMBOLS IN THE CONTEMPORARY SOUTH (J. Michael Martinez et al. eds., 2000)), available at http://muse.jhu.edu/journals/ civil_war_history/v047/47.2dawson.html. 55 See Con. Res. H-3368, 116th Sess. (S.C. 2005-2006), available at http://www.scstatehouse.net/cgi-bin/web_bh10.exe?bill1=3368&session=116. 56 In fairness it should be noted that the naming phenomenon is bipartisan in a political sense. Thurmond spent most of his time in the U.S. Senate as a Republican. See Answers.com, Strom Thurmond, http://www.answers.com/topic/strom-thurmond (last visited Dec. 30, 2006) (“[James Strom Thurmond] 1902–2003, U.S. senator from South Carolina (1954–2003), b. Edgefield, S.C. He read law while teaching (1923–29) in South Carolina schools and was admitted to the bar in 1930. Thurmond was elected (1933) a state senator and became (1938) a circuit-court judge. After serving 2007] Trademarks of Privilege 935 in World War II, he was elected (1946) governor of South Carolina. In 1948, Thurmond was nominated for president by the States’ Rights Democrats (‘Dixiecrats’), southerners who bolted the Democratic party in opposition to President Truman’s civil-rights program; he won 39 electoral votes. In 1954 he was a successful write-in candidate for U.S. Senate. In 1957 he staged the longest filibuster in Senate history, speaking for over 24 hours against a civil-rights bill. Thurmond switched from the Democratic to the Republican party in 1964, and later chaired the Senate judiciary (1981–87) and armed services (1995–99) committees. In 1996 he became the oldest sitting, in 1997 the longest serving, U.S. senator in history.”). However, if one lived in West Virginia, one might make similar observations about a Democrat, U.S. Senator Robert C. Byrd. See Biographical Directory of the United States Congress, Robert Carlyle Byrd, http://bioguide.congress.gov/scripts/biodisplay.pl?index=B001210 (last visited Dec. 30, 2006). West Virginia has a Robert C. Byrd High School, and a host of other public facilities and institutions that are named after Byrd. See Robert C. Byrd High School, http://www.rcbhs.org/Index.html (last visited Dec. 30, 2006); Wikipedia, Robert Byrd, http://en.wikipedia.org/wiki/Robert_Byrd (last visited Dec. 30, 2006). Robert C. Byrd Drive, from Beckley to Sophia (Byrd’s hometown) Robert C. Byrd Health Sciences Center of West Virginia University, Morgantown Robert C. Byrd Cancer Research Laboratory of West Virginia University, Morgantown Robert C. Byrd Technology Center at Alderson-Broaddus College, Philippi Robert C. Byrd Hardwood Technologies Center, Princeton Robert C. Byrd Bridge, between Huntington and Chesapeake, Ohio Robert C. Byrd Addition to the Lodge at Oglebay Park, Wheeling Robert C. Byrd Community Center, Pine Grove Robert C. Byrd Expressway, U.S. Highway 22, near Weirton Robert C. Byrd Institute for Advanced Flexible Manufacturing; Huntington, Charleston, Bridgeport & Rocket Center Robert C. Byrd Visitor Center at Harpers Ferry National Historic Park, Harpers Ferry Robert C. Byrd Federal Building & Courthouse, Charleston Robert C. Byrd Federal Building & Courthouse, Beckley Robert C. Byrd Academic and Technology Center at Marshall University, Huntington Robert C. Byrd National Technology Transfer Center at Wheeling Jesuit University, Wheeling Robert C. Byrd United Technical Center Robert C. Byrd Hilltop Office Complex, Rocket Center Robert C. Byrd Library & Robert C. Byrd Learning Resource Center at Mountain State University, Beckley Robert C. Byrd Rural Health Center at Marshall University, Huntington Robert C. Byrd Clinical Addition to Veteran’s Hospital, Huntington Robert C. Byrd Industrial Park, Moorefield Robert C. Byrd Locks & Dam, Gallipolis Ferry Robert C. Byrd Green Bank Telescope, Green Bank Robert C. Byrd Science and Technology Center at Shepherd University, Shepherdstown Robert C. Byrd High School, Clarksburg Robert C. Byrd Biotechnology Science Center at Marshall University, Huntington Robert C. Byrd Conference Center at Davis & Elkins College, Elkins 936 University of California, Davis [Vol. 40:919 late U.S. Senator and former governor of the state is prominently placed on the grounds of the South Carolina State House. Larger than life, and situated squarely in the center of the main walkway on the south side of the State House premises, the statue touts him as a “Statesman-Soldier-Educator” and lists the names and birth years of his five children, one of whom, a son, is also named J. Strom Thurmond.57 Throughout South Carolina, federal buildings,58 state buildings,59 roads,60 schools,61 educational institutions,62 auditoriums,63 and even a Robert C. Byrd Health and Wellness Center of Bethany College, Bethany Robert C. Byrd National Aerospace Education Center, Bridgeport Robert C. Byrd Appalachian Highway System part of the Appalachian Development Highway System 57 Thurmond’s namesake recently served from 2001 to 2005 as South Carolina’s U.S. Attorney, nominated by his father and appointed at age 28 by President George W. Bush after a brief time in practice, and with significantly less experience than previous U.S. Attorneys for South Carolina, and those from other states. See Editorial, All in the Family, ST. PETERSBURG TIMES, Aug. 5, 2001, at 2D, available at http://www.sptimes.com/News/080501/Perspective/All_in_the_family.shtml; David Firestone, One Strom Thurmond Helps Out Another, N.Y. TIMES, Jan. 5, 2001, at A1; National Briefing South, South Carolina: Senate Confirms Thurmond’s Son, N.Y. TIMES, Nov. 7, 2001, at A18; Press Release, Department of Justice, Attorney General Appoints Six New Members to Attorney General’s 2004 Advisory Committee (Jan. 8, 2004), available at http://www.usdoj.gov/opa/pr/2004/January/04_usao_003.htm; Quest for the Presidency, Thurmond’s Son Seeks Federal Job (Jan. 6, 2001), http://quest.cjonline.com/stories/010601/gen_0106017633.shtml. 58 See General Service Administration Inventory of Owned and Leased Properties, GSA Building Stats: 1927 Strom Thurmond Mall, http://www.iolp.gsa.gov/iolp/ BuildingInfo.asp?bID=SC2049 (last visited Dec. 31, 2006); General Service Administration Inventory of Owned and Leased Properties, GSA Building Stats: Thurmond Building, http://www.iolp.gsa.gov/iolp/BuildingInfo.asp?bID=KY1690 (last visited Dec. 31, 2006); General Service Administration Inventory of Owned and Leased Properties, GSA Building Stats: Strom Thurmond CTHS, http://www.iolp.gsa.gov/iolp/BuildingInfo.asp?bID=SC0069 (last visited Dec. 31, 2006); General Service Administration Inventory of Owned and Leased Properties, GSA Building Stats: Strom Thurmond FB, http://www.iolp.gsa.gov/iolp/ BuildingInfo.asp?bID=SC0068 (last visited Dec. 31, 2006); SCIWay, S.C. Governors: James Strom Thurmond, http://www.sciway.net/hist/governors/thurmond.html (last visited Dec. 31, 2006) (Strom Thurmond federal building in Columbia, South Carolina). But see Press Release, Congressman James E. Clyburn, Congressman Clyburn Realizes Dream of Honoring Matthew Perry (Apr. 21, 2004), http://www.house.gov/apps/list/press/sc06_clyburn/040421perrycourthouse.html. 59 Strom Thurmond Institute of Government & Public Affairs, Clemson University, http://www.strom.clemson.edu (last visited Dec. 31, 2006); Strom Thurmond Wellness and Fitness Center, University of South Carolina, http://stc.sc.edu (last visited Dec. 31, 2006). 60 See The Namesake, WYFF4.COM, http://www.wyff4.com/news/869918/ 2007] Trademarks of Privilege 937 dam and lake64 bear the name of Senator Thurmond.65 Observers may assume that the relevant populace spontaneously made these naming gestures because it wished to honor the late Senator Thurmond. However, the people of South Carolina as a whole do not have much actual input in naming of public places or facilities. The state’s naming process is diffuse, opaque, and rarely subject to public detail.html (last visited Feb. 21, 2007) (“Interstate 20, from Georgia to Florence, S.C., is the Strom Thurmond Highway.”). 61 See SCIWay, S.C. Governors: James Strom Thurmond, 1947-1951, http://www.sciway.net/hist/governors/thurmond.html (last visited Feb. 21, 2007) (Strom Thurmond High School); see also Public School Review, Strom Thurmond High School, http://www.publicschoolreview.com/school_ov/school_id/72165 (last visited Dec. 31, 2006); Strom Thurmond High School, http://www.edgefield.k12.sc.us/ STHS/ (last visited Dec. 31, 2006). 62 See Greenville Technical College, Facility Details, http://www.greenvilletech.com/alumni_and_friends/details_of_facilities.html (last visited Dec. 30, 2006) (Strom Thurmond Criminal Justice Building); Strom Thurmond Institute of Government & Public Affairs, Clemson University, http://www.strom.clemson.edu (last visited Dec. 31, 2006). 63 See infra note 65. 64 See U.S. Army Corps of Engineers, Savannah District, J. Strom Thurmond Dam & Lake, http://www.sas.usace.army.mil/lakes/thurmond/ (last visited Dec. 31, 2006). 65 One commentator noted: As a legislator, Thurmond has been a zero. He doesn’t have a significant bill to his name. He does, however, have other things to his name, such as the Strom Thurmond High School, Strom Thurmond Student Center, Strom Thurmond Federal Building, Strom Thurmond Auditorium, Strom Thurmond Educational Center, Strom Thurmond Dam, Strom Thurmond Lake, Strom Thurmond Highway, Strom Thurmond Soldier Service Center, etc. David Plotz, The Old Carolinians: Strom Thurmond and Jesse Helms, SLATE, June 22, 1997, http://www.slate.com/id/1824. See generally Shriners of British Columbia and Yukon, Strom Thurmond, http://www.shriners.bc.ca/shriners/thurmond.shtml (last visited Dec. 31, 2006) (facilities named for Senator Thurmond: Strom Thurmond Hall, Winthrop College, Rock Hill, S.C., 1989; Strom Thurmond High School, Edgefield County, S.C., 1961; Strom Thurmond Student Center, Baptist College, Charleston, S.C., 1972; Strom Thurmond Federal Building, Columbia, S.C., 1975; Strom Thurmond Center for Excellence in Government and Public Service, Clemson University, 1981; Strom Thurmond Auditorium at the University of South Carolina School of Law, Columbia, S.C., 1982; Strom Thurmond life-sized statue on the Town Square, the people of Edgefield County, 1984; Strom Thurmond Vocational Rehabilitation Center, Aiken, S.C., 1987; Strom Thurmond Educational Center, Union, S.C., 1987; Strom Thurmond Lake, Dam and Highway, Clarks Hill, S.C., 1987; Strom Thurmond Mall, Columbia, S.C., 1988; Strom Thurmond Soldier Service Center, Ft. Jackson, S.C., 1991; Strom Thurmond Room, United States Capitol, Washington, D.C., 1991; streets in several South Carolina towns and cities.). 938 University of California, Davis [Vol. 40:919 scrutiny or direct oversight. It seems to be driven primarily by raw political power rather than broad-based public sentiment. Getting a public facility named after oneself requires targeted action, rather than humbly waiting to be recognized and honored. Public officials are perfectly placed to engage in and exercise influence upon naming decisions. Public officials are visible, they appear to have been endorsed by the majority of the public (by virtue of having prevailed in an election or other machination of the political process), and they can often exert control over the allocation of public funds. The ability to earmark money creates powerful naming leverage. In part through the instrumental distribution of discretionary public funds, Thurmond was very successful in accreting myriad naming honors throughout his life.66 While it is certainly possible that some Thurmond-related naming gestures resulted from spontaneous expressions of public affection and appreciation, there is also evidence that he had a hand in engineering them. This became apparent when Thurmond failed in his efforts to have a second federal courthouse in Columbia, South Carolina named for himself, because one of South Carolina’s congressional representatives favored naming it after Judge Matthew J. Perry instead.67 Three federal buildings in Columbia already bore, and continue to bear, Thurmond’s name, including one that had formerly housed the preexisting federal courthouse.68 Thurmond argued that this second courthouse was simply an annex of the Thurmond complex, and so should be denominated as such.69 He 66 See supra notes 58-65 and accompanying text. 67 Press Release, Congressman James E. Clyburn, supra note 58; see SCIWay, supra note 61 (noting federal building in Columbia, S.C. named for Thurmond). 68 See General Service Administration Inventory of Owned and Leased Properties, GSA Building Stats: 1927 Strom Thurmond Mall, http://www.iolp.gsa.gov/iolp/ BuildingInfo.asp?bID=SC2049 (last visited Dec. 31, 2006); General Service Administration Inventory of Owned and Leased Properties, GSA Building Stats: Strom Thurmond CTHS, http://www.iolp.gsa.gov/iolp/BuildingInfo.asp?bID=SC0069 (last visited Dec. 31, 2006); General Services Administration Inventory of Owned and Leased Properties, GSA Building Stats: Strom Thurmond FB, http://www.iolp.gsa.gov/ iolp/BuildingInfo.asp?bID=SC0068 (last visited Dec. 31, 2006). 69 The then-junior senator from South Carolina was an advocate for honoring Judge Perry: Using humor, Sen. Fritz Hollings fired barbs Thursday at Republican Sen. Strom Thurmond over the naming of the new federal courthouse in Columbia for a judge who made his name as a civil rights lawyer. “They wanted to name this an annex,” the state’s 77-year-old junior U.S. senator said during a groundbreaking ceremony for the Matthew J. Perry United States Courthouse. “But we finally overcame,” Hollings added. Thurmond had pushed to have the courthouse named for himself by designating it an 2007] Trademarks of Privilege 939 let it be known publicly that he was “hurt” that the new building would be named for someone else, but in this instance competing public sentiments prevailed.70 Thurmond had previously succeeded in having an Army Corps of Engineers project renamed for himself, though not everyone would agree with that characterization of how this particular name change came to pass. One federal government actor officially described the process as follows: The 1966 Flood Control Act authorized the building of Trotters Shoals Lake and Dam on the Savannah River between Clarks Hill Lake and Hartwell Lake. This lake was later renamed to commemorate a late senator from Georgia, Richard B. Russell who was very important in supporting the building of dams on the river. This created a movement to rename Clarks Hill Lake after J. Strom Thurmond, the longest serving senator in US history who was from Edgefield on the South Carolina side of the lake. This movement gained support due to the senators’ [sic] great popularity in the area, and in 1988 the project was congressionally renamed “J. Strom Thurmond Dam and Lake at Clarks Hill.”71 The account is rather vague about the genesis of the movement to rename the lake, and exactly how “the senators’ [sic] great popularity in the area” gave “support” to this “movement.”72 Government records disclose a more complicated and far less wholesome or populist story. annex to the nearby Thurmond federal office complex. Hollings preceded his remarks with an explanation that he was going to be “blunt” about the seven-year fight to name the courthouse for Perry, now a senior federal judge. Perry did not address the crowd of dignitaries during the ceremony. Thurmond said in 1995 that he was hurt the new building would not bear his name, and the senator did not attend Wednesday’s groundbreaking. “Your courthouse is going to be prettier than Strom’s,” Hollings continued about the $30.1 million building that is scheduled for completion in mid 2002. “Now that’s real justice.” Clif LeBlanc, Hollings Zings Thurmond on Perry Courthouse Flap, THE STATE (Columbia, S.C.), Sept. 1, 2000, at B1. 70 Id. 71 U.S. Army Corps of Engineers, Savannah District, J. Strom Thurmond Dam & Lake: Introduction, http://www.sas.usace.army.mil/lakes/thurmond/intro.htm (last visited Feb. 21, 2007). 72 See id. 940 University of California, Davis [Vol. 40:919 Perusal of the Congressional Record for the 100th U.S. Congress reveals that on December 3, 1987, a Democratic Congressional Representative from South Carolina, Butler Derrick, introduced H.R. 3693: “A bill to designate Clarks Hill Lake, Clarks Hill Dam, and the highway traversing Clarks Hill Dam as the ‘J. Strom Thurmond Lake,’ the ‘J. Strom Thurmond Dam,’ and the ‘J. Strom Thurmond Highway,’ to the House Committee on Public Works and Transportation.”73 The following day, December 4, 1987 was the date of Thurmond’s birthday celebration, his actual eighty-fifth birthday being the very next day.74 In the context of debating a Joint Resolution of Congress (H.J. Res. 376) entitled, “Calling Upon the Soviet Union to Immediately Grant Permission to Emigrate to All Who Wish to Join Spouses in the United States,” Senators Bob Dole (R-Kansas), John Warner (R-Virginia), Alan Simpson (R-Wyoming), Robert Byrd (D-West Virginia), Sam Nunn (D-Georgia), and Alphonse D’Amato (R-New York) proposed on the Senate floor the identical name changes advocated in Representative Derrick’s bill, and articulated a long list of reasons why they believed that Thurmond deserved this honor.75 On December 18, 1987 the U.S. House of Representatives approved the Joint Resolution Calling Upon the Soviet Union to Immediately Grant Permission to Emigrate to All Who Wish to Join Spouses in the United States, and appended the following amendment: In honor of J. Strom Thurmond, and in recognition of his long and outstanding service as a United States Senator, Governor of South Carolina, and South Carolina State Senator, to promote flood control, soil conservation, and rural electrification, the Clarks Hill Dam, Reservoir, and Highway transversing the Dam on the Savannah River, Georgia and South Carolina, shall hereafter be known and designated as the J. Strom Thurmond Dam, Reservoir, and Highway, and shall be dedicated as a monument to his distinguished public service. Any law, regulation, map, document, or record of the United States in which such project is referred to shall be held 73 H. Res. 3693, 100th Cong., 133 CONG. REC. H10988-01 (1987). 74 Not coincidentally, Thurmond’s birthday was noted by South Carolina Senator Fritz Hollings. H.J. Res. 376, 100th Cong., 133 CONG. REC. S17292-01 (1987); see Strom Thurmond Dead at 100, CNN.COM, Dec. 17, 2003, http://www.cnn.com/ 2003/ALLPOLITICS/06/26/thurmond.obit/. 75 H.J. Res. 376, 100th Cong., 133 CONG. REC. H11709-02 (1987). 2007] Trademarks of Privilege 941 and considered to refer to such project by the name of the J. Strom Thurmond Dam, Reservoir, and Highway.76 In a stunning display of speed and efficiency, Congress had managed to effect the described name alterations in about two weeks. This, however, did not completely end the matter, as some of the people living near the lake — to put it mildly — disfavored the name changes.77 On March 2, 1988, Doug Barnard, Jr., a Democratic 76 H.J. Res. 376, 100th Cong., 133 CONG. REC. H11709-02 (1987). 77 The opposition to the name change was described as follows: It’s been compared to the Revolutionary War. It’s the little guy against the Establishment, the underdog fighting for a principle. It’s all about how Congress changed the name of Clarks Hill Lake to Strom Thurmond Lake, after the veteran Republican senator from South Carolina, without asking residents of the area what they thought of the idea. “I think we should change the Constitution from ‘We the people’ to ‘You the Congress.’ They could tell us what we need and what to call everything down here,” said Dan Elswick, owner of Ridge Road Bait and Tackle in Appling, Ga. Some said they felt emotional attachment to the name, which was taken from this nearby town when the Army Corps of Engineers first filled the 70,000-acre lake 44 years ago. Others said they had built business reputations around the name, which was given to fishing tournaments and speedboat races and emblazoned on souvenirs. Others are just upset about the way the name of the lake, on the Georgia-South Carolina border, was changed. Rep. Butler Derrick (D-S.C.) introduced a bill suggesting the change on Dec. 3, two days before Thurmond’s 85th birthday. The Senate passed a similar measure on Dec. 4, and by Dec. 23, President Reagan had signed it into law. Derrick said the chairman of the Clarks Hill-Russell Authority of South Carolina had approached him about changing the lake’s name. The authority, a committee of eight, was set up in 1946 to “assist, promote and cooperate” in the development of the Clarks Hill and Russell lakes on the Savannah River. Its chairman, John McAllister, said the board members, who are appointed by the governor, decided among themselves that naming the lake after Thurmond would be a good idea because of all he has done to support the area. McAllister said they didn’t ask for public comment because “we were not making the final decision. We had no control over Congress.” Yet when Senate Minority Leader Bob Dole (R-Kan.) introduced the name change proposal in the Senate, the authority’s unanimous support was entered into the Congressional Record. “It was our impression that the local folks in the area were supportive of the change,” said Dole aide Jim Whittinghill. A number of businessmen around the lake have submitted petitions asking for a compromise — change the name of the lake back to Clarks Hill and leave the dam and the road across it named for Thurmond, whose name is already on schools, federal buildings and streets around the state. The petitions are being distributed by a group called “Keep Our Lake Clarks Hill,” led by Roy Giles of Lincolnton, Ga., and Phillip White of Clarks Hill. The two men said they have collected more than 20,000 signatures and have 942 University of California, Davis [Vol. 40:919 congressional representative from Georgia, introduced a bill designated H.R. 4053 into the Committee on Public Works and Transportation.78 This bill called on Congress “to redesignate the J. Strom Thurmond Reservoir as the ‘Clarks Hill Lake,’” thereby restoring the lake’s original denomination.79 Barnard represented regions of Georgia that were contiguous to the lake, and his anti- Thurmondization actions were in response to substantial community opposition to the name change.80 In fairness, it is not clear how much taken out newspaper ads, gone on television and radio and sought status as a nonprofit agency so they can accept donations to the cause. They realize that a compromise also will take an act of Congress, and they think it will require support from Thurmond. Thurmond has said he was deeply honored by the lake’s new name, and he would not comment on the proposed compromise. He said he doesn’t consider it a serious problem. “I do hope the controversy will subside,” he said. It’s not the first time the lake’s name has been changed. When it was first built, a typographical error made it “Clark Hill Lake” instead of “Clarks Hill Lake” It took 26 years for Congress to restore the missing “s.” The sponsor of that legislation was Thurmond. G.G. Rigsby, Wave of Ire over Lake’s New Name, L.A. TIMES, Apr. 24, 1988, at 23; see Tribute to Senator Thurmond Goes Awry in South Carolina, N.Y. TIMES, Feb. 29, 1988, at A17. 78 H.R. 4053, 100th Cong. 134 CONG. REC. H630-02 (2d Sess. 1988). 79 Id. 80 Resistance to the name change lingers: Strom Thurmond Lake or Clarks Hill? The answer to the oft-asked question depends on whom you ask — and where you are. The official state highway map of Georgia calls the lake Clarks Hill, conforming to a Georgia law adopted in the wake of Congress’ 1987 renaming of the lake after Republican U.S. Sen. Strom Thurmond, of South Carolina. Official highway maps in South Carolina, however, call the reservoir J. Strom Thurmond Dam & Lake, as do the Army Corps of Engineers and other federal agencies. The still-simmering fuss erupted when then-U.S. Rep. Butler Derrick, of South Carolina, and other politicians thought it would be a nice birthday present for Mr. Thurmond to rename the lake in his honor. Although the change quietly cleared Congress, it wasn’t so quiet closer to home, where groups working to restore the Clarks Hill name collected petitions with more than 72,000 signatures — all to no avail. “It still comes up, and people are still plenty mad about it,” said Roy Giles, a co-chairman of the 1988 “Keep Our Lake Clarks Hill” movement. “Everybody I know calls it Clarks Hill, and to be honest with you, most people over in Carolina call it that, too.” The outcry over the renaming was widespread. Newspaper editorials across the region — and national newspapers including The Wall Street Journal — urged Mr. Thurmond to decline the honor, which he refused to do. A Georgia congressman, Democrat Doug Barnard, even introduced legislation to change the name back, but it stalled in committee and was 2007] Trademarks of Privilege 943 opposition was related to distaste for Thurmond, as opposed to simple resistance to change. In any event, Barnard’s efforts to have the lake’s original name restored by Congress failed, but many Georgia maps and publications obstinately continue to refer to the disputed body of water by its original name.81 Thanks to myriad naming gestures, Thurmond’s name is highly visible in the context of many public facilities throughout South Carolina. The impact of all this naming on the people who encounter it deserves consideration. Trademark jurisprudence suggests that the ordinary observer is likely to ascribe their opinions of Thurmond to the named amenity, and correspondingly, that the quality of the experience that the observer has with the facility will be imputed to Thurmond.82 This means that individuals who regard his legacy unfavorably are likely to have, at least on a prima facie basis, a negative view of the roads, schools, lakes, and buildings named for Thurmond, and perhaps upon the communities that house them. Conversely, people who admire the way in which Thurmond conducted his personal or professional life are likely to accredit positive characteristics initially to the public facilities that bear never considered. Mr. Giles still has hope — albeit slim — that someday the original name could be restored. “The more time that goes by, the harder it is to get something done in Congress,” he said. Almost forgotten in the controversy was the lake’s true namesake — an Augustan named John Mulford Clark, who owned land where the community of Clarks Hill, S.C., now sits. When Congress authorized the reservoir in 1944, the government’s policy was to name projects after towns or geographic areas. Thus, the dam was named after the community of Clarks Hill and not Mr. Clark. Because of a typographical error, the original legislation calling for construction of the project named the lake Clark Hill, dropping the “s” that appears in the town of Clarks Hill. In 1980, legislation restoring the “s” to the reservoir’s name was introduced and approved. The 1987 change wasn’t the first suggested for the lake. On Feb. 15, 1954, U.S. Rep. Paul Brown, of Georgia, proposed renaming the lake Hamilton-Moody Reservoir. Thomas Hamilton was an editor of The Augusta Chronicle, and Lester Moody was the secretary of the Augusta Chamber of Commerce. Both men supported the creation of the lake. The proposal was never adopted. Robert Pavey, Debate on Lake’s Name Continues, AUGUSTA CHRON., Apr. 12, 2004, at A1. 81 See, e.g., Answers.com, Lake Strom Thurmond, http://www.answers.com/ topic/lake-strom-thurmond (last visited Dec. 31, 2006); United States Lake Information, Clarks Hill Lake Georgia, http://clarkshill.uslakes.info/ (last visited Dec. 31, 2006); Wikipedia, Lake Strom Thurmond, http://en.wikipedia.org/wiki/ Clarks_Hill_Reservoir (last visited Dec. 31, 2006). 82 See generally Landes & Posner, supra note 37, at 265. 944 University of California, Davis [Vol. 40:919 Thurmond’s name, and in many cases, visage. In turn, both groups may attribute the perceived qualities and characteristics of the facilities that use his name to Thurmond personally. If a school named for Thurmond is spacious, attractive, well-appointed, and meticulously maintained, this would tend to enhance the perceived Thurmond reputation or legacy, while a cramped, dated, poorly maintained facility would tarnish it. One public high school in Johnson, South Carolina that bears Thurmond’s name has the “Fighting Rebel” as its mascot, and its official motto is “Preserving the Past, Shaping the Future.”83 It is through naming gestures like this that particular elements of the past are indeed preserved, and the future is in some aspects molded. Generations of parents and school children will retain important memories associated with the name “Strom Thurmond,” far beyond anything the simple study of history is likely to impart. Many will unquestioningly assume that because the school was named after him, he earned and deserved the honor. The majority of students who attend the school are African American, and one wonders how they feel about having a mascot that honors the slavery-favoring soldiers in the Civil War, and attending a high school named for a man who sought to retain race-based segregation in the South for a substantial portion of his career.84 Whether a majority of members of the affected community would favor changing the name of the school is unclear. How they might effectuate a “de-Thurmondization” through the political process is also uncertain. While it is beyond dispute that Thurmond served the citizens of the Palmetto State for many years, to characterize his many terms in the U.S. Senate as some sort of selfless act of generosity for which he should be repeatedly rewarded through naming gestures is contestable. If one views earning and holding a U.S. Senate seat as an act of personal sacrifice, then perhaps compensation through aggrandizing naming acts is appropriate. If, however, one characterizes being a U.S. senator as an honor and a privilege, it is 83 See Strom Thurmond High School, http://www.edgefield.k12.sc.us/STHS/ (last visited Dec. 31, 2006); see also Public School Review, Strom Thurmond High School, http://www.publicschoolreview.com/school_ov/school_id/72165 (last visited Dec. 31, 2006). 84 See generally Kari Frederickson, Strom Thurmond’s Mixed Record, GEO. MASON U. HIST. NEWS NETWORK, Dec. 17, 2002, http://hnn.us/articles/1166.html; Kevin Alexander Gray, “Segregation (and Hypocrisy) Forever”: The Legacy of Strom Thurmond, COUNTERPUNCH, Mar. 8, 2004, http://www.counterpunch.org/ gray03082004.html. 2007] Trademarks of Privilege 945 hard to see how any entitlement to having one’s name attached to public facilities should necessarily follow. A Senate seat presents an individual with the means to shoehorn his name onto public facilities, but it does not require that he take advantage of this power at all, no less repeatedly and to great excess. It is certainly possible that after careful reflection and deliberation, every affected South Carolina community would have freely chosen to name public facilities after Thurmond of their own volition. There is, however, no evidence that any sort of direct democratic process resulted, or would have resulted, in the substantial array of acts of “Thurmondization” that occurred during Thurmond’s lifetime. II. NAMING NAMES Naming gestures are exercises of political power. Unlike with legislation or court opinions, however, the public record may be devoid of information about who suggested a naming gesture, whether there was any opposition, and what the process was by which it was approved. If certain precepts and rationalizations lurking in trademark law and the right of publicity were applied to the naming of public facilities, it might be hard to justify allowing them to be named after controversial figures, at least not without a more transparent and democratic process for choosing the names that are bestowed on them. Every naming opportunity is a public resource of value, but there is little indication that such resources are properly stewarded to ensure that they are used in a way that optimally maximizes, or even considers, their utility to a community. Beyond explicitly trademark-related concerns such as consumer confusion and trademark dilution, it is important to contemplate the ethics, and societal impact, of naming constructs and traditions. Even the choice to name a public facility after a relatively unknown, seemingly innocuous person has important social ramifications. In the absence of strong evidence or widespread feelings to the contrary, naming gestures may promote the impression that the companies and individuals whose names ornament public places are generous, praiseworthy, and fairly universally well-regarded. Less commendable aspects of the person or entity are unlikely to receive an enshrined public airing. Seldom seen are public plaques or markers that extol the virtues of a statesman or benefactor with caveats, such as warning that it would be unwise to leave the honored individual alone with the family silver, or an aside lamenting the person’s lackadaisical approach to matters of personal hygiene. 946 University of California, Davis [Vol. 40:919 It can be difficult to ascertain precisely when and where naming decisions are made. State or municipal legislatures are likely to make naming decisions for public amenities such as highways, bridges, state buildings, parks, streets, and schools. However, these bodies debate few naming decisions, and most seem to be fait accompli at the moment their enabling legislation is introduced. Often, individual government officials seem to have Star Chamber-like85 power to engineer naming these public facilities for themselves, and their family members and friends, through processes unseen and unavailable to the public. With the exception of naming opportunities at public colleges and universities, one cannot typically make outright purchases of the naming rights to public amenities. In consequence, affecting naming acts and name changes would appear to require political connections rather than cash, though of course money is always useful to the process of obtaining and strengthening political connections that might indirectly facilitate naming power. Some naming activities are obviously motivated by political concerns. After the United States Supreme Court denied certiorari in Yarnell v. Cuffley and the Ku Klux Klan prevailed in its efforts to participate in Missouri’s “Adopt-A-Highway” program, the state was required to erect signs announcing the Klan’s sponsorship of a portion of I-55.86 The Missouri Legislature responded by voting to name the stretch of highway adopted by the Klan the “Rosa Parks’ Highway.”87 Certainly Parks, a hero of the civil rights movement, was more than worthy of this honor, but the intention behind the naming was almost retaliatory in nature, rather than being motivated by spontaneous appreciation for Parks’ courage and leadership.88 Once again, Parks 85 “In modern usage, legal or administrative bodies with strict, arbitrary rulings and secretive proceedings are sometimes called, metaphorically or poetically, star chambers.” Wikipedia, Star Chamber, http://en.wikipedia.org/wiki/Star_Chamber (last visited Jan. 22, 2007). 86 Cuffley v. Mickes, 208 F.3d 702 (8th Cir. 2000), cert. denied, Yarnell v. Cuffley, 532 U.S. 903 (2001); see About.com: U.S. Gov. Info/Resources, Supreme Court Rules KKK Can ‘Adopt a Highway,’ http://usgovinfo.about.com/library/weekly/ aa030501a.htm (last visited Dec. 31, 2006). 87 See Snopes.com, The Name Game, http://www.snopes.com/inboxer/outrage/ rosapark.htm (last visited Dec. 31, 2006). 88 See Answers.com, Rosa Parks Highway, http://www.answers.com/topic/rosa- parks-highway (last visited Dec. 31, 2006); Ilena Rosenthal, Happy Birthday, Rosa Parks!, WOMEN’S ENEWS, Feb. 4, 2003, http://www.womensenews.org/article.cfm/ dyn/aid/1210/context/ourdailylives (“When learning of the honor, Parks only comment was: ‘It is always nice to be thought of.’”). 2007] Trademarks of Privilege 947 became a racist-defying symbol, only this time her role was promulgated by a state government rather than opposed by one. Lack of political capital may preclude particular naming gestures. Republicans in Congress blocked an effort by a Democratic congressional representative to have a post office in Berkeley, California named after a woman the Republicans claimed was a socialist.89 A number of Berkeley residents had hoped to use the naming gesture to honor her community spirit. This gesture was thwarted by government actors who opposed the social and political meaning that appending her name to a federal building could facilitate. Conversely, a wealth of political power makes orchestrating naming gestures almost effortless. After Senator Mitch McConnell steered $14.2 million in federal funding toward the University of Louisville to build a new library wing, the university magnanimously named the new auditorium after U.S. Labor Secretary Elaine Chao, McConnell’s wife.90 That this was anything less than a quid pro quo defies credulity. The American taxpayers purchased this honorific for Chao without input or consultation. History may well remember Chao as 89 Lest anyone think 1950s style red-baiting no longer occurs, consider the following: Opposition from Republican lawmakers has apparently halted a bid to name Berkeley’s main post office after the 93-year-old local civil rights icon Maudelle Shirek. Earlier this month, GOP leaders abruptly withdrew the bill introduced by Rep. Barbara Lee (D-Oakland) from a vote on the floor of the House. Ceremonial matters like the naming of a post office typically sail through the Congress, but according to published report in The Hill, a weekly congressional newspaper, “Certain members in the California delegation believe that Shirek is a socialist or a communist.” Shirek, who reportedly once dined with Fidel Castro, served on the Berkeley City Council for 20 years before losing her bid for re-election last year. She was a seminal figure in the local civil rights movement and played a major role in combating housing discrimination in Berkeley. Shirek did not return phone calls for this story. Matthew Artz, G.O.P. Blocks Effort to Name Post Office for Maudelle Shirek, BERKELEY DAILY PLANET, Mar. 25, 2005, available at http://www.berkeleydaily.org/ article.cfm?issue=03-25-05&storyID=21016. 90 See Al Kamen, The Valentine Earmark, WASH. POST, Feb. 3, 2006, at A17, available at http://www.washingtonpost.com/wp-dyn/content/article/2006/02/02/ AR2006020202605.html; University of Louisville to Name Auditorium for Chao, WHAS11.COM, Feb. 3, 2006, http://www.whas11.com/education/stories/ WHAS11_TOP_LibraryChao.690e78fb.html. 948 University of California, Davis [Vol. 40:919 an outstanding citizen, but that is not why an auditorium was named after her. Higher education is one context in which naming opportunities come closest to functioning in some sort of cognizable market, but even then prices and variables are largely obscured from public view. At private universities particularly, the process by which buildings, auditoriums, or institutes are named is fairly secretive. Public universities are more likely to have express guidelines for naming, but both public and private educational institutions often go to great lengths to avoid the appearance of a direct quid pro quo between a large donation and the naming or renaming of something on campus.91 91 For samples of university naming policies, see, for example, Arch Foundation for the University of Georgia, Policies and Procedures: Establishing Names for Buildings, Facilities, and Streets, http://www.uga.edu/archfoundation/ policies_VF.html (last visited Dec. 31, 2006); Binghamton University Foundation, Naming Opportunities, http://giveto.binghamton.edu/namingopps.html (last visited Dec. 31, 2006); Campaign for the University of Vermont, Naming Opportunities, http://www.uvm.edu/campaign/naming_opportunities.php (last visited Dec. 31, 2006); Chicago State University, Foundation: Naming and Commemorative Opportunities, http://www.csu.edu/foundation/namingnadcommemorativeop.htm (last visited Dec. 31, 2006); Cleveland State University, Division of University Advancement: Types of Naming Opportunities, http://www.csuohio.edu/giving/ naming (last visited Dec. 31, 2006); Columbus State University, Office of Real Estate and Facilities: Columbus State University Naming Guidelines, http://www.usg.edu/ref/compliance/naming/csu.phtml (last visited Dec. 31, 2006); Duke University, Pratt School of Engineering, Opportunities to Contribute, http://www.pratt.duke.edu/development/naming_opportunities.php (last visited Dec. 31, 2006); Howard University School of Law, Naming Gifts, http://www.law.howard.edu/152 (last visited Dec. 31, 2006); Miami University Campaign, Naming Opportunities: Campaign Naming Opportunities and Endowed Funds Guidelines, http://www.forloveandhonor.org/naming.htm (last visited Dec. 31, 2006); Mississippi State University, Ways to Give: Naming Opportunities, http://www.msufoundation.com/giving/naming (last visited Dec. 31, 2006); Nova Southeastern University, University Center: Naming Opportunities, http://www.nova.edu/ucenter/naming_opportunities.html (last visited Dec. 31, 2006); Oregon State University, University Property Naming Policy, http://oregonstate.edu/ dept/budgets/genupol/gupname.htm (last visited Dec. 31, 2006); Purdue University, Dick and Sandy Dauch Alumni Center Naming Opportunities, http://www.purduealum.org/dauch/pages/naming/ (last visited Dec. 31, 2006); Purdue University, University Policies: Guidelines for Naming Opportunities and Endowed Funds for the West Lafayette Campus (IX.4.1), http://www.purdue.edu/policies/ pages/advancement/ix_4_1.html (last visited Dec. 31, 2006); Rockefeller University, Naming and Endowed Gift Opportunities, http://www.rockefeller.edu/giving/ namingandendowed.php (last visited Dec. 31, 2006); Sewanee: The University of the South, Gifts and Naming Opportunities, http://ur.sewanee.edu/sewaneecall/ opportunities (last visited Dec. 31, 2006); Stanford University Medical Center, Office of Medical Development: Naming Opportunities, http://med.stanford.edu/ development/opportunities/naming.html (last visited Dec. 31, 2006); Stephen F. 2007] Trademarks of Privilege 949 The naming gesture is spun for public relations purposes as a spontaneous, possibly unexpected (or most improbably, unwanted) mechanism with which to honor a benefactor. Yet all universities likely have general giving categories, and at least roughly consistent criteria about the size of gifts that render a donor eligible for a particular naming honor. An entire multimillion dollar building is unlikely to be named after someone who has merely contributed $500 to an annual giving campaign without extremely special circumstances involving unique attributes of the donor, such as a distinguished and high profile career in politics, or a family relationship to far more generous benefactors. Naming gestures are likely to be commensurate with the associated level of perceived generosity. Public amenities unrelated to education, such as museums and libraries, may also receive names that reflect the benefactor’s monetary support. Other public naming gestures do not seem to be tied to financial support at all. For example, there are many public parks, streets, schools, and other amenities named after people like Martin Luther King, Jr. and Cesar Chavez in recognition of their stature and accomplishments.92 Many comedians have made (purportedly) Austin State University, Naming Opportunities, http://www.givetosfa.sfasu.edu/ naming.html (last visited Dec. 31, 2006); Syracuse University, Giving: Naming Opportunities, http://giving.syr.edu/naming.html (last visited Dec. 31, 2006); Tuskegee University, Tuskegee University Naming Opportunities, http://www.tuskegee.edu/Global/story.asp?S=1568337 (last visited Dec. 31, 2006); University of California, Policy on Naming University Properties, Academic and Non- Academic Programs, and Facilities (Dec. 19, 2002), http://www.ucop.edu/ucophome/ coordrev/policy/12-19-02att.pdf; University of California, San Diego, Policy Procedure Manual Online: 410-4 Policy and Guidelines for Minimum Gift Levels and Naming Opportunities, http://adminrecords.ucsd.edu/ppm/docs/410-4.HTML (last visited Dec. 31, 2006); University of Montana Foundation, Endowment Naming Opportunities, http://www.umt.edu/umf/campaign/endowment.htm (last visited Dec. 31, 2006); University of South Carolina, Office of Development: University Libraries Naming Opportunities, http://www.sc.edu/library/develop/no.html (last visited Dec. 31, 2006); Wilfrid Laurier University, Development Office: Naming Opportunities http://www.wlu.ca/page.php?grp_id=64&s_id=428&sb_id=620 (last visited Dec. 31, 2006); Wilkes University, John Wilkes Society: Naming Opportunities, http://www.wilkes.edu/pages/285.asp (last visited Dec. 31, 2006). 92 Derek Alderman has written extensively about the history and politics of naming and renaming streets after Dr. Martin Luther King, Jr., in the United States. See, e.g., Derek Alderman, A Street Fit for a King: Naming Places and Commemoration in the American South, 52 PROF. GEOGRAPHER 672 (2000); Derek Alderman, Street Names as Memorial Arenas: The Reputational Politics of Commemorating Martin Luther King, Jr. in a Georgia County, 30 HIST. GEOGRAPHY 99 (2002); Derek Alderman, Street Names and the Scaling of Memory: The Politics of Commemorating Martin Luther King, Jr. Within the African-American Community, 35 AREA 163 (2003) [hereinafter Alderman, Scaling of Memory]. 950 University of California, Davis [Vol. 40:919 humorous observations thematically referencing the fact that it is commonly known that venues named after heroes of the poor and oppressed are best avoided, since they are likely to be located in economically distressed, high crime neighborhoods. Chris Rock once quipped, “If a friend calls you on the phone and says they’re lost on Martin Luther King Boulevard and they want to know what they should do, the best response is ‘Run!’”93 If this is true to any significant degree, one has to thoroughly consider the motivations, effects, and meanings of this type of naming action, because at first blush naming a blighted street after an individual would not appear to be desirable, or much of an honor to that person. One plausible and legitimate reason for this practice might be a conviction that invoking the names of heroic achievers in depressed regions could imbue the residents with a sense of optimism about the future.94 Certainly, Martin Luther King, Jr., and Cesar Chavez championed the rights of the downtrodden and articulated beliefs in the inherent worth and dignity of poor people. While affixing one of these names to an economically challenged street might communicate mixed messages, to intentionally name a street after King or Chavez in a fancy, upscale residential or retail shopping district with a predominantly white racial composition would in many respects seem incongruous and disconcerting.95 One might argue that the trademark value of the Martin Luther King, Jr. or Cesar Chavez name would be enhanced by association with an attractive, prosperous street or neighborhood, but tarnished and depreciated by high profile usage and presence in contexts of blight and visible poverty. If a name was being used as an actual trademark in other contexts, the views of the mark holder might be taken into account, but there is nothing in trademark law that requires such consideration, and the naming of a public facility would probably be construed as a non-trademark use or as a nominative use over which a mark holder has no statutory control.96 93 This statement is quoted in JONATHAN TILOVE, ALONG MARTIN LUTHER KING: TRAVELS ON BLACK AMERICA’S MAIN STREETS 5 (2003). 94 See University of Southern California College of Letters, Arts, & Sciences, Website for Writing 340: Martin Luther King, Jr. Boulevard, http://www.usc.edu/ dept/LAS/writing/340/research.html (last visited Dec. 31, 2006). 95 See New Georgia Encyclopedia, History and Archaeology: Martin Luther King, Jr. Streets in Georgia, http://www.georgiaencyclopedia.org/nge/Article.jsp?id=h-802 (last updated Apr. 6, 2004). 96 See, e.g., New Kids on the Block v. News Am. Publ’g, Inc., 971 F.2d 302 (9th Cir. 1992) (“[The court] may generalize a class of cases where the use of the trademark does not attempt to capitalize on consumer confusion or to appropriate the 2007] Trademarks of Privilege 951 Trademark holders are not the only entities that could oppose a purely honorific naming gesture. Residents of an upscale, principally white area might not welcome having public resources or amenities named after King or Chavez because the residents might fear that perceived associations with poorer, nonwhite neighborhoods would negatively impact property values.97 To some extent at least, community opposition toward any naming gesture ought to be taken into account. Imposing a name on a particular geographic community forces people to honor and remember an individual that a majority of the affected political subdivision may not view favorably. One might counter, however, that this is exactly the segment of the public that could significantly benefit from exposure to certain kinds of values and diversity through the selective naming of mainstream public facilities. Naming gestures could have a normalizing effect on names that were previously controversial or polarizing, paving the way for enhanced consideration, if not acceptance, of the views or values that these names represent, after opposition subsided.98 Whether naming cachet of one product for a different one. Such nominative use of a mark — where the only word reasonably available to describe a particular thing is pressed into service — lies outside the strictures of trademark law: Because it does not implicate the source- identification function that is the purpose of trademark, it does not constitute unfair competition; such use is fair because it does not imply sponsorship or endorsement by the trademark holder.”). 97 Cf. Ferdinand M. de Leon, Seattle: Martin Luther King Way Is Growing into Its Name, SEATTLE TIMES, Jan. 18, 1998, at L1, available at http://seattletimes.nwsource.com/mlk/perspectives/roadways/seattle.html. See generally TILOVE, supra note 93; Derek H. Alderman, Naming Streets for Martin Luther King, Jr.: No Easy Road, in LANDSCAPE AND RACE IN THE UNITED STATES 215 (Richard Schein ed., 2005). 98 Conflicts about the naming of streets arise when there are conflicting municipal views about the person to be so honored. Streets that groups or individuals attempt to have named for Martin Luther King, Jr. are often sites of social struggle. One observer noted: Naming a street in Americus [Georgia] proved particularly controversial. City officials did not rename a portion of U.S. 19 until black community leaders planned a boycott of city businesses. Part of the controversy stemmed from the comments of a white fire official who said he would support naming half of the street for King if authorities named the other half for James Earl Ray, the man convicted of assassinating the civil rights leader. New Georgia Encyclopedia, supra note 95. Additionally: [In October of 2003], Irene Dobson, a black woman, asked the [Zephyrhills, Florida] City Council to rename [a] street for Dr. King, as hundreds of places have done since his death in 1968. The Council voted 4 to 1 . . . to 952 University of California, Davis [Vol. 40:919 opportunities should be consciously used for social engineering is likely to be contested, but the fact that they can be seems clear. III. THE POLITICAL ECONOMY OF NAMING THE PHYSICAL PUBLIC DOMAIN What the social goals of a naming gesture are, and whether these goals are likely to be accomplished, are questions that one hopes are considered by every person or entity vested with the power to name. Overt goals of naming may be to reward individuals and groups for generosity, good citizenship, and career or civic accomplishments. Unstated goals are likely to include enhancement of the reputation, visibility, and stature of individuals, couples, families, businesses, or other organizations. A large majority of the names at issue are likely to be those of wealthy white males, reflecting closely the image and composition of most governmental institutions. Men who dominate honor her request and ordered new signs for the street that had been Sixth Avenue. The protests quickly began. A petition to recall the council members arose, along with another to overturn the decision. Sixth Avenue residents said that the Council had railroaded the plan without consulting them and that they did not want the bother of changing their addresses. A business owner told local newspapers that property values would fall, saying streets named after Dr. King were a guarantee of economic blight. . . . . “We’re just kind of sick about the thing and wish it would go away,” said Cullen E. Smith Jr., whose family has been here for six generations and whose son, Lance, was one of the City Council members who voted for the renaming. Cullen Smith said he would have preferred to name the street after Abraham Lincoln, who he said had done “more for the black people than just about anybody.” . . . . San Diego’s decision to rename a major thoroughfare, Market Street, for Dr. King in 1986 was so unpopular that residents got an initiative on the ballot a year later to change the name back, and won. And in 1979, the Alabama Legislature repealed a 1976 resolution naming a section of an Interstate highway after Dr. King. Abby Goodnough, Honor for Dr. King Splits Florida City, and Faces Reversal, N.Y. TIMES, May 10, 2004, at A1, available at http://www.news.ecu.edu/releases/ nyt041004.html; see also Town of Chapel Hill, Airport Road Will Be Renamed Martin Luther King Jr. Blvd., http://townhall.townofchapelhill.org/news/events/mlk/ (last visited Jan. 1, 2007). It is also common for a city to abandon contentious plans to rename a street before new street signs are even in place, as happened fairly recently in Muncie, Indiana, and also in Portsmouth, New Hampshire, which ultimately named a park for King instead of a street. See Goodnough, supra. 2007] Trademarks of Privilege 953 the political landscape will arrange to dominate the physical landscape as well, naming public facilities for themselves and their relatives and cronies at every opportunity. A. Purchased Honorific Naming Naming gestures can be divided into two categories: those that are directly linked to an ostensibly charitable donation, and those that are not. Two interesting and related questions concerning the effectuation of naming in exchange for monetary or in-kind gifts are: how transparent the terms and conditions (or in some cases very existence) of the exchange are, and how explicit they should be. Transparency seems to vary greatly from institution to institution.99 Some societal goals seem best achieved when there is a high degree of disclosure, others when there is markedly less specificity. Disclosing the gift levels associated with particular naming gestures reduces uncertainty and allows the formation of something vaguely resembling a market in naming rights. This information could lead to increased competition, enhanced efficiency, and the other positive effects commonly associated with functioning markets. Transparency would help insure fairness in the sense that all equally generous contributors would be rewarded in the same way, regardless of their political power and influence, or lack thereof. The primary argument against overt, codified, quid pro quo naming programs is that gifts donated in this context risk their eligibility for associative tax deductions. A schedule that sets a monetary value on naming opportunities commodifies them in a way that makes the donor susceptible to claims she has received something of value in exchange for her cash, so the transaction is no longer strictly charitable.100 This approach may also commodify naming gestures in a way that seems crass and unappealing to people otherwise predisposed to generous donations. B. Sua Sponte Honorific Naming When public amenities are named after people on a strictly sua sponte honorific basis, it signals that some cohort of “the community” views these individuals as important and worthy of honoring and 99 See supra note 91 (providing links to sample university naming policies). 100 See John D. Colombo, The Marketing of Philanthropy and the Charitable Contributions Deduction: Integrating Theories for the Deduction and Tax Exemption, 36 WAKE FOREST L. REV. 657, 661-67 (2001). 954 University of California, Davis [Vol. 40:919 remembering.101 Why certain honorees are chosen for particular naming acts can be relatively easy to discern, such as naming gestures rooted in social narratives that are familiar to community members. For example, consider this heartwarming explanation for the name of Duling School in Jackson, Mississippi: Schools in Jackson, like in many places, are often named to honor educators. Duling School, now home to Jackson Public Schools’ Career Academic Placement Program, is on Duling Avenue in Fondren. Both are named in honor of Lorena Duling, who taught in the Jackson Public School System for 53 years, until 1942. She was also the first principal in Jackson to provide free lunches to underprivileged children, using her own money for years until the school board decided to finance school-lunch programs.102 The reasons other honorees are chosen, and the exact messages that are transmitted by other naming gestures, however, can be subject to a variety of interpretations. Honorific naming acts can also simultaneously be seen as exercises in racial and cultural domination and subordination. Providing an illustrative example is the city of Jackson, Mississippi itself. One observer noted: Andrew Jackson [was] a hero to many and a shameless robber and killer to others. [Jackson, Mississippi] is named after the seventh president of the United States. Andrew Jackson was first in many respects: the first president to marry a divorced woman, the first to appoint a “Cabinet,” the first to be nominated at a national convention, and the first populist president — meaning he wasn’t a member of the aristocracy; he was a man of the people. Or, at least many of the people. Jackson was an enemy to Native Americans, however. He led the “Indian Wars” — the Creek War and the First Seminole War — and signed the Indian Removal Act in 1830, leading to tribes’ forced evacuation from 100 million acres of their land along the Trail of Tears. In addition to having the capitol city of Mississippi named after him, Jackson is 101 See, e.g., Avenues Building to be Named After Donors, Journal and Topics Newspapers, June 15, 2005, available at http://www.journal-topics.com/business/05/ biz050615.4.html; cf. Tamar Lewin, A Marriage of Unequals, N.Y. TIMES, May 19, 2005 at A1 (describing wealthy people as those “with their names on the buildings”). 102 See Daniel Townsend, What’s in a Name?, JACKSON FREE PRESS, Mar. 9, 2005, available at http://www.jacksonfreepress.com/comments.php?id=5417_0_9_0_C. 2007] Trademarks of Privilege 955 immortalized in a large bust statue tucked behind the Mississippi Museum of Art.103 Naming acts can also be seemingly serendipitous, and linked to what has been called “the scaling of memory.”104 When, important public facilities are named after a person it enlarges the visibility and seeming importance of the honoree. When minor public facilities are bestowed with a name, it may inaccurately signal that the honoree’s contributions were insignificant. One commentator in Austin, Texas, noted that the historical importance of two local politicians had been “reversed in the modern Austin landscape,” based on naming choices that were made. A successful and well-regarded mayor who had served for 22 years seemed like a minor character, because a mere lake dam had been named for him, while a man who died young after serving only a few months on the Austin City Council appears deceptively prominent because his name graces the Austin Airport.105 The observer concluded: That’s the funny thing about how Austin’s streets and landmarks got their names. Geography rewrites history. Spontaneous gestures and whims have become, generations later, the bones of the Austin canon. And the historically minded have to explain that, for example, no, Stephen F. Austin did not found, or even visit, the capital city.106 As this example illustrates, politicians can be both over- and under- rewarded for their service through disproportionate naming gestures, and historical memory can be deceptively shaped and distorted by people with power and a penchant for self-aggrandizement. Humble public servants can fade into obscurity after retirement or death, while aggressive self-promoters manage to immortalize themselves on public resources at the public expense.107 103 Id. 104 See Alderman, Scaling of Memory, supra note 92, at 166. 105 See Mike Clark-Madison, By Any Other Name: The Names of Austin’s Cherished Landmarks Are Half History, Half Serendipity, AUSTIN CHRON., Jan. 26, 2001, available at http://www.austinchronicle.com/issues/dispatch/2001-01-26/xtra_feature2.html. 106 Id. 107 For example, the Michigan Memorial Highway Act states in pertinent part: “The state transportation department shall only provide for the erection and maintenance of suitable markers at the approach of any of the highways described in this act when sufficient private contributions are received to pay the cost of erecting and maintaining those markers.” MICH. COMP. LAWS § 250.1002 (2006), available at http://www.legislature.mi.gov/ (search “Michigan Compiled Laws Search: MCL 956 University of California, Davis [Vol. 40:919 Sometimes, it should be noted, the beneficiaries of naming gestures receive what might be characterized as “negative immortality.” For example, the name “Edmund Pettus” lives in infamy rather than glory because it graces a bridge in Selma, Alabama that was the site of an event known as “Bloody Sunday” during the civil rights movement of the 1960s.108 A group of 600 civil rights marchers headed out of Selma on U.S. Route 80 were attacked with clubs and tear gas by state and local police officers when they reached the Edmund Pettus Bridge, a mere six blocks into a march that was intended to go all the way to Montgomery, Alabama.109 That the bridge was named for Pettus to honor and memorialize his service as both a U.S. senator and a Confederate brigadier general during the Civil War adds an almost surreal irony to the negative associations that many people attach to the bridge.110 An odd related attribute of Selma is that it has streets named after both Martin Luther King, Jr. and Jefferson Davis, and that these streets intersect.111 IV. ROADS, STREETS, BOULEVARDS, AVENUES, AND LANES The naming gestures with which most people have the most intimate and ongoing contact are those related to streets. Additionally, municipal thoroughfares are probably the type of public facilities that produce the most numerous resources subject to honorific naming gestures. Streets named after individuals are typically abundant in populated areas. Street labels have powerful and lasting visibility for municipalities, neighborhoods, and individuals, as they are critical locative components of real space addresses.112 A Section” for “250.1002”). 108 See Nat’l Park Service, U.S. Dep’t of the Interior, We Shall Overcome: Historic Places of the Civil Rights Movement: Selma-to-Montgomery March, http://www.cr.nps.gov/nr/travel/civilrights/al4.htm (last visited Jan. 1, 2007). 109 Id. 110 See Answers.com, Edmond Pettus, http://www.answers.com/topic/edmund- pettus (last visited Jan. 1, 2007). 111 See TILOVE, supra note 93, at 5, 79. 112 Some street name choices have unintended consequences, as an excerpt from one work of fiction illustrates: When it was built in the sixties, on an open space that would now be called a “green field area,” between the top of York Street and the western side of Glebe Road, the three streets and block of flats on a green in the midst of them, it had been called the York Estates. The then chairman of the housing committee, who had done A Midsummer Night’s Dream for his school certificate and was proud of the knowledge thus gained, named the streets after characters in that comedy, Oberon, Titania, and Puck. This last had 2007] Trademarks of Privilege 957 street name often becomes a critical portion of a person’s address, and an adjunct portion of her identity. Though possible street names are theoretically infinite, in practice communities tend to adopt very traditional street labels, just as the pool of possible first names is limitless, but we nevertheless live in a world of plentiful Williams, Johns, Matthews, Elizabeths, Susans, and Jennifers.113 Streets named for well-known trees or birds, or geographical features such as lakes or hills are common, while streets named after bodily functions or infectious diseases are not.114 One commentator has written: Street names give character and life to the space they occupy, often serving as historical markers for a city. Street names are the ultimate manifestation of a cities [sic] politics, culture and ideologies. Street names provide a common language for a city and its inhabitants; they are meters of change often reflecting dynamic struggles of power within the city limits.115 Throughout history, politicians have exhibited an astute awareness about the power and societal impact of naming gestures. Around 1791, after the French Revolution, renaming the streets of Paris “became the revolutionaries’ way of starting over from the ground up.”116 During World War I, many streets in the United States with German names were changed, ostensibly to express patriotism.117 In always been a problem to tenants, the police, and the local authority because of the opportunity it gave the local youth of transforming, with a can of spray paint and the minimum effort, an innocent name into an obscenity. RUTH RENDELL, HARM DONE: A NEW INSPECTOR WEXFORD MYSTERY 5 (1999). 113 See Behind the Name, Most Popular Names for Births in the United States 2005, http://www.behindthename.com/top/lists/100us2005.php (last visited Jan. 1, 2007); New Parents Guide, Most Popular Baby Names for Boys and Girls in the 1980’s, http://www.thenewparentsguide.com/most-popular-baby-names-1980.htm (last visited Jan. 1, 2007); New Parents Guide, Most Popular Baby Names for Boys and Girls in the 1990’s, http://www.thenewparentsguide.com/most-popular-baby-names-1990.htm (last visited Jan. 1, 2007). 114 Street monikers that might be unappealing to residents could include: Drinkand Drive, Pothole Place, Curdsand Way, Angry Disenfranchised Loners with NRA Memberships Blvd., Coronary Bypass, Superfund Lane, Lost Kitty Mews, Vicious Circle, Peoples Court, and West 196,841st Street. 115 The France of Victor Hugo: Sights and Sounds of Revolutionary Paris: Main Street: Re-Naming the Streets, http://www.mtholyoke.edu/courses/rschwart/hist255/ kat_anna/streetnames.html (last visited Jan. 1, 2007). 116 Id. 117 Consider the actions of President Woodrow Wilson: Wilson hired a publicist, George Creel, to head the “Committee on Public Information” (CPI) — a propaganda ministry with the sole purpose of 958 University of California, Davis [Vol. 40:919 one New York town, Hanover Hill became Revonah Hill, which sounds as though it may have Native American linguistic origins, but in actuality, Revonah is simply Hanover spelled backwards.118 Some political subdivisions consciously recognize the importance of naming gestures by adopting written policies governing them, with varying degrees of specificity. Toronto’s detailed statute spells out explicit goals and considerations,119 while Pickering, another city in “selling the war.” CPI produced films, pamphlets, curriculum guides — all designed to “paint Germany in a bad light.” Wilson’s propaganda ministry encouraged businesses to spy on their employees, parents to spy on their children, and neighbors to spy on neighbors. Most importantly, the CPI urged Americans to report “disloyal” pro-German sentiments. Creel himself stated that he demanded, “100% Americanism.” The teaching of German was banned in schools; German folksongs, such as “Oh Tannenbaum” were torn from children’s songbooks; German street names were changed; and sauerkraut was renamed “victory cabbage.” Posters were produced urging Americans to report anyone “who spreads pessimistic stories, divulges — or seeks — confidential military information, cries for peace, or belittles our effort to win the war.” Chicora Foundation, Inc., Wilson and the Repression of Free Speech, http://www.chicora.org/woodrow_wilson.htm (last visited Feb. 21, 2007); see Univ. of Tampere (Fin.), German-Americans and World War I, http://www.uta.fi/FAST/US1/REF/germ-ww1.html (last visited Jan. 11, 2007). 118 But see Between the Lakes Group L.L.C., Sullivan County, N.Y.: Place Names Through the Years, http://www.betweenthelakes.com/sullivan/ sullivan_placenames.htm (last visited Jan. 1, 2007) (“A.J.D. Wedemeyer has an elegant house on this street in Liberty village (in addition to owning much of the top of Revonah mountain . . .). Wedemeyer, a German national by birth, is said to have pro-German sympathies, and at the time of World War I the local populace got up a petition to have name of Wedemeyer Place changed. Among the names suggested were Victory Street, Pershing Place, and Lincoln Place. Lincoln Place won out. Interestingly, the residents did not notice — or remember — that Revonah had been named by Wedemeyer around thirty years earlier in honor of Hanover, Germany. Sullivan County Historian John Conway corroborates this account, and notes that among other local accomplishments, Wedemeyer was the builder of the Music Hall, the structure that preceded the Green Building (until the fire of 1913) at the corner of Main and Chestnut Streets in Liberty.”). 119 Toronto, Canada’s stated “Criteria for name selection” are as follows: 1. Streets should generally be named after people, places, events and things related to the City and citizens of Toronto. Proposed names should meet one of the following criteria: a. to honour and commemorate noteworthy persons associated with the City of Toronto b. to commemorate local history, places, events or culture c. to strengthen neighbourhood identity d. to recognize native wildlife, flora, fauna or natural features related to the community and the City of Toronto 2007] Trademarks of Privilege 959 Canada, simply instituted a general policy of naming streets after war veterans and firefighters killed in the line of duty.120 These foreign examples can be contrasted with the codified policies of St. Louis, Missouri, which specifically sets out a “Criteria for street names” as follows: A street may be named for any person, place, creation, or number provided that: A. It is conducive to good city planning, contributes to the conservation of property values and to the protection of the equity invested by residents and owners of property fronting on said street, as well as the general interests of the other citizens of the City; and e. to recognize communities which contribute to the ethno-racial diversity of Toronto 2. Consideration should be given to names of local area or historic significance. 3. Names of living persons should be used only in exceptional circumstances. 4. Only a person’s last name should be used as a street name unless additional identification is necessary to prevent a duplication with an existing street name in Toronto and surrounding municipalities. Names to be avoided 1. Street names being a duplicate of an existing street in the City of Toronto or in the municipalities surrounding Toronto shall be avoided. 2. Similar sounding names such as Beach Avenue and Peach Avenue, or Apple Hill Road and Apple Road should be avoided. 3. Cumbersome, corrupted or modified names, discriminatory or derogatory names, from the point of view of race, sex, colour, creed political affiliation or other social factors shall be avoided. 4. Names for public streets that could be construed as advertising a particular business shall be avoided. 5. The re-use of former street names should be discouraged because of the confusion this causes in property records management. City of Toronto, Street naming/re-naming, http://www.city.toronto.on.ca/mapping/ street_naming/index.htm#names (last visited Jan. 1, 2007). 120 See Danielle Milley, Markham Prof’l Firefighters Ass’n, City of Pickering to Name Streets After Firefighters Killed on the Job, http://www.mpffa.com/politics/30.htm (last visited Feb. 21, 2007). 960 University of California, Davis [Vol. 40:919 B. It has significance or value as part of the development, heritage, or cultural characteristics of the city, state, or nation and contributes to civic pride and wider public knowledge and appreciation of the heritage and history of St. Louis; and C. It does not detract from our historical heritage by renaming a street which name has greater significance than the proposed name; and D. It names or renames all segments of the same street within the boundaries of the City of St. Louis as to avoid the previous confusion that has resulted when just a portion of a street was renamed; provided, however, that a “street,” “avenue,” or “boulevard” designation may be changed to “place,” “terrace” or other suitable designation if a segment of said street has been permanently closed by ordinance; and E. When a street is to be named or renamed for a person: 1. The petition shall not be filed until after the first anniversary of such person’s death, and 2. Only such person’s last name shall be used as a street name unless additional identification is necessary to prevent a duplication of street names in the metropolitan area.121 Two of the criteria are particularly noteworthy. First is the requirement that the name “has significance or value as part of the development, heritage, or cultural characteristics of the city, state, or nation and contributes to civic pride and wider public knowledge and appreciation of the heritage and history of St. Louis.”122 This would seem to afford the city’s Community Development Agency a lot of flexibility with respect to the acceptance or denial of a naming or renaming petition, which must explain the significance of the 121 ST. LOUIS, MO., REV. CODE ANN. ch. 20.12.040, § 3 (1988), available at http://www.slpl.lib.mo.us/cco/code/data/t2012.htm (citing city’s criteria for street names); see also Municipal Research and Services Center of Washington, Policies Naming Public Facilities and Streets, and Street Numbering Systems, http://www.mrsc.org/Subjects/PubWorks/NamingPolicies.aspx#Streets (last visited Jan. 1, 2007) (referencing city ordinances in Washington governing naming of streets and public facilities). 122 ST. LOUIS, MO., REV. CODE ANN. ch. 20.12.040, § 3. 2007] Trademarks of Privilege 961 proposed name, and contrast that with the preexisting name’s significance, if any.123 The other notable limitation is the requirement that a proposed honoree have been dead for at least a year.124 This seems like a fairly effective mechanism for minimizing the self-dealing machinations of local politicians with respect to street names. It prevents them from engineering immediate naming gestures for themselves, and precludes them from awarding street names to political cronies who are still in a position to perform reciprocal favors in exchange for naming gestures. While some political subdivisions codify their naming practices, the naming policies of other communities can only be distilled from their actual naming practices. For instance, one former Kentucky governor named “nearly every bridge on U.S. 23 in Pike County for local businessmen, including coal operators, a car dealer, a radio station operator and a mini-storage building owner.”125 Following suit, the mayor of Prestonsburg, Kentucky renamed “a state-maintained road leading to Kentucky Attorney General Greg Stumbo’s home at the city’s mountaintop golf course for Stumbo’s 5-year-old daughter.”126 This replaced the name he originally gave the route when it opened in 2001, “Maggie Mountain,” which was named after his now ex-wife.127 He had previously named the street of his residence after his son Mikeal, and was attempting to rename another street after his second wife, Charity.128 His constituents’ interests or desires, who would have to bear the disruption and expense of the name changes, did not appear to be a consideration. People who were living or working on the streets subject to these multiple name changes are no doubt acutely aware of their powerlessness over this process. Perhaps their only recourse is to vote the name changers out of office, but if naming remains the sole prerogative of elected officials, they will remain vulnerable to additional street name changes in the future. V. NAMING AS COMPELLED SPEECH Public facilities often serve as physical reference points within a community, and the names of these facilities may serve as intangible 123 Id. 124 Id. 125 See Lee Mueller, Renaming Road Snares Mayor in Legal Issue, LEXINGTON HERALD-LEADER, Jan. 2, 2005, at B1. 126 Id. 127 Id. 128 Id. 962 University of California, Davis [Vol. 40:919 cultural reference points that help bind the social fiber of a community. For this reason, government actors may feel justified in imposing certain names on a community without letting them through an open democratic process. In 1940, in Minersville School District v. Gobitis, the Supreme Court upheld a Pennsylvania flag-salute law, based on the conclusion that it was within the province of individual states’ legislatures and school authorities to implement policies intended to evoke and foster a sentiment of national unity among the children in the public schools.129 The Court concluded: “The ultimate foundation of a free society is the binding tie of cohesive sentiment.”130 However, three years later, in West Virginia Board of Education v. Barnette, the Supreme Court held that public school children could not be compelled to recite the Pledge of Allegiance, stating: To believe that patriotism will not flourish if patriotic ceremonies are voluntary and spontaneous instead of a compulsory routine is to make an unflattering estimate of the appeal of our institutions to free minds . . . . If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.”131 The same basic state interests and First Amendment conflicts are inherently intertwined with the naming of public facilities. Particular naming gestures form “a binding tie of cohesive sentiment,”132 but they can also be viewed as a particularized form of compelled speech, similar in some ways to having to bear the legend “Live Free or Die” on the license plate of a car against one’s will.133 There are many reasons that the names of streets, parks, schools, public buildings, and bridges are important. They give residents common reference points that are cultural as well as geographic. Individuals cannot opt out of a street name, at least not if they want to receive mail or explain to a 911 operator where to send the ambulance or fire truck. Changing a street name is likely to be a fairly onerous undertaking, if it is possible at all. In many cases it would be more 129 Minersville Sch. Dist. v. Gobitis, 310 U.S. 586, 597-600 (1940). 130 Id. at 596 (1940), overruled by W. Va. Bd. of Educ. v. Barnette, 319 U.S. 624 (1943). 131 W. Va. Bd. of Educ., 319 U.S. at 641. 132 Minersville Sch. Dist., 310 U.S. at 596. 133 Wooley v. Maynard, 430 U.S. 705, 713 (1977). 2007] Trademarks of Privilege 963 difficult than changing one’s own name, as the latter requires only a unilateral change in usage and perhaps some paperwork, while the former might require substantive engagement in the political process and the cooperation of neighbors. The only feasible alternative is moving one’s business or residence to another location to escape an objectionable street moniker, but there are no guarantees that any street will remain static over time in name or with respect to the desirability of a name. Because individuals have little choice but to use the names and trademarks that are officially appended to the physical public domain, it is important that as citizens they have at least some opportunity to participate in the processes by which these names and trademarks are chosen. Ideally, the names that individuals are compelled to hear and speak because they are attached to public premises would reflect broad-based public sentiments, without alienating members of minority subgroups. Where names communicate offensive messages, there should be accessible mechanisms through which people can attempt to change them. VI. “DE-NAMING” Years ago, Jacksonville named a waterfront fountain for a local politician and chiseled his name into the stone. It had to be chiseled out after he went to prison for graft. The edifice was renamed “Friendship Fountain.” Many Jacksonvillians knew it as “Felony Fountain.”134 The social meanings of names change over time. The surname “Hitler” probably carried few, if any, negative connotations in the United States before Adolf Hitler ascended to power in Germany, but any streets named “Hitler” were likely divested of the name during World War II, and today few mainstream Americans would view proposals to name anything after Hitler favorably. Yet efforts to remove or change the longstanding name of a facility will often meet resistance. Vanderbilt University, a private entity, has in recent years attempted to officially rename a dormitory on its campus currently denominated Confederate Memorial Hall. However, the University’s attempts have been met with legal opposition from the United Daughters of the Confederacy, which donated money for the building’s construction many decades earlier.135 At the time that 134 Dyckman, supra note 52. 135 See Tenn. Div. of the United Daughters of the Confederacy v. Vanderbilt Univ., 174 S.W.3d 98, 103-04 (Tenn. Ct. App. 2005); see also Devin Varsalona, Vanderbilt U. Drops Fight over Name, CHRON. HIGHER EDUC. (Wash. D.C.), July 29, 2005, at 30 964 University of California, Davis [Vol. 40:919 Confederate Memorial Hall was built, it was owned by another private educational institution, the George Peabody College for Teachers, which later merged with Vanderbilt in 1979.136 The dispute was characterized as a matter of contract law,137 without much exploration of related trademark law doctrines. The social meaning of “Confederate” was clearly the underlying issue. Other de-naming acts are effectuated fairly straightforwardly, particularly if the change suits community sentiments and advances political goals. The South Carolina Legislature imposed a de-naming sanction upon corporate executive (and former South Carolina Lieutenant Governor and Comptroller General) Earle Morris after the company he chaired declared bankruptcy, and he was convicted of multiple counts of securities fraud.138 The legislature stripped a major thoroughfare of his name, passing a resolution directing that: “The Earle E. Morris, Jr., Highway, which was that portion of South (“Vanderbilt dropped ‘Confederate’ from the dormitory’s official name in 2002, after more than 20 years of debate and efforts to create a more ‘welcoming environment’ on the campus, said Michael J. Schoenfeld, a university spokesman. The United Daughters of the Confederacy, which partly financed the building, sued Vanderbilt for breach of contract when it decided to permanently remove the name from the dormitory’s pediment. The case was dismissed in a Tennessee county court in 2002, but the United Daughters brought it to the Tennessee Court of Appeals. In May, the court ruled that Vanderbilt could not remove the chiseled name unless it reimbursed the UDC with today’s equivalent of the $50,000 the organization raised during the Great Depression for the dormitory, which was built in 1935.”); Vanderbilt University, News from Vanderbilt University: Appeals Court Rules on Memorial Hall Dispute (May 4, 2005), http://www.vanderbilt.edu/news/releases?id=19537; Vanderbilt Universit, Memorial Hall Information, http://www.vanderbilt.edu/news/memorialhall (last visited Jan. 1, 2007). 136 See Vanderbilt Univ., 174 S.W.3d at 105-06; Permission Granted to Change the Name of Vanderbilt’s Confederate Hall, HOUSTONIAN ONLINE, Oct. 2, 2003, http://www.houstonianonline.com/media/paper229/news/2003/10/02/CollegeNews/Pe rmission.Granted.To.Change.Name.Of.Vanderbilts.Confederate.Hall-511109.shtml. 137 See Vanderbilt Univ., 174 S.W.3d at 112-19; see also supra notes 135-36. 138 H. Con. Res. 3247, 116th Sess. (S.C. 2005), available at http://www.scstatehouse.net/sess116_2005-2006/bills/3247.htm; see M. Karen Brewer, Removing Morris’ Name from Highway Called Unfair, PICKENS SENTINEL, available at http://www.pickenssentinel.com/remove.html; David Dykes, Morris Sentenced to 44 Months, GREENVILLE NEWS, Nov. 19, 2004, at 1A, available at http://greenvilleonline.com/news/specialreport/2004/11/19/2004111953399.htm; Ben Werner, Two Years After Conviction, out of Jail Earle Morris Counts on Appeal, THE STATE (Columbia, S.C.), Oct. 29, 2006, at F1, available at http://www.findarticles.com/p/articles/mi_km4472/is_200610/ai_n17032017; Andy Brack, Commentary, Find Other Ways to Honor Public Servants, S.C. STATEHOUSE REP., Jan. 2, 2005, available at http://www.statehousereport.com/columns/05.0102.morris.htm. 2007] Trademarks of Privilege 965 Carolina Highway 153 that connects Secondary Highway 190 in Anderson County with South Carolina Highway 123 in Pickens County, is changed to South Carolina Highway 153.”139 Community anger at Morris was adequate to support the change, but it did not hurt matters that Morris had been a Democratic career politician, while Republicans controlled the South Carolina State Legislature. A group of Native Americans protested against the name “Sutter Place” for a street in Davis, California, asserting that it was named after John Sutter, a German-Swiss immigrant to California in the 1830s-40s who robbed, raped, and murdered his way through the lives of thousands of American Indian people.140 Most of the objections to removing the Sutter name seemed to be for pragmatic rather than political reasons, such as the costs and uncertainties associated with the mechanics of an address change. A compromise was eventually reached.141 In one upstate New York community, “Infirmary Road” was changed without opposition to “Sunset Lake Road” “as a courtesy to the residents of the County adult home located on the road,” because 139 H.J. Res. 3334, 116th Sess. (S.C. 2005) (recalled), available at http://www.scstatehouse.net/sess116_2005-2006/bills/3334.htm. 140 See Donald Cohen-Cutler, Op-Ed, Sutter Place, the Davis City Council and the Will of People, CAL. AGGIE, May 11, 2004, available at http://www.californiaaggie.com/ (search “Search” for “Sutter Place, the Davis City Council and the Will of People”; then follow “Sutter Place, the Davis City Council and the Will of People” hyperlink); Morgan Kanninen, Native American Hunger Strike Against Sutter Place, CAL. AGGIE, Apr. 1, 2004, available at http://www.californiaaggie.com/ (search “Search” for “Kanninen, Native American Hunger Strike”; then follow “Native American Hunger Strike Against Sutter Place” hyperlink); Jason Probst, Sutter Uber Alles: A New Davis City Council Reluctantly Revisits the Legacy of California’s Controversial Settler, SACRAMENTO NEWS & REV., May 6, 2004, http://www.newsreview.com/sacramento/ Content?oid=oid%3A28938. For more information on Sutter’s controversial place in history, see generally ALBERT L. HURTADO, JOHN SUTTER: A LIFE ON THE NORTH AMERICAN FRONTIER (2006); Nat’l Park Service, U.S. Dep’t of the Interior, Five Views: An Ethic Historic Site Survey for California: A History of American Indians in California: 1769-1848 (1988), available at http://www.cr.nps.gov/history/ online_books/5views/5views1b.htm; KENNETH N. OWENS, JOHN SUTTER AND A WIDER WEST (1994); PBS, New Perspectives on The West: John Augustus Sutter, http://www.pbs.org/weta/thewest/people/s_z/sutter.htm (last visited Jan. 1, 2007); Richard H. Peterson, John Sutter and California’s Indians, HISTORYNET.COM, http://www.historynet.com/magazines/wild_west/3026371.html (last visited Jan. 1, 2007); Virtual Museum of the City of San Francisco, Discovery of Gold by John Augustus Sutter 1803-1880, http://www.sfmuseum.org/bio/sutter.html (last visited Jan. 1, 2007); Douglas S. Watson, Virtual Museum of the City of San Francisco, The Diary of John A. Sutter, http://www.sfmuseum.org/hist2/sutdiary1.html (last visited Jan. 1, 2007). 141 See Kanninen, supra note 140. 966 University of California, Davis [Vol. 40:919 “the new name was perceived to sound more cheerful.”142 As a general matter, however, de-naming is likely to be contentious, even when the change is proposed for nonpolitical reasons. When government officials in Concord, New Hampshire proposed eliminating duplicative or confusing street names (it had “two Washington streets, two Pleasant streets and two Walnut streets, a Lyndon and a Linden, a Center and a Centre, a Tremont and a Fremont,” among others143) residents expressed substantial opposition to proposed changes. One observer noted: The real issue, . . . wasn’t the numbers. It was the dissidents’ unyielding belief that in revising the names of Concord’s streets, the task force was stripping the 272-year-old community of its history, even of its soul. “When you change the familiar feeling of comfort a resident has for his own street,” one of the protesters warned, “you also change the way he feels about his city.” Another one pleaded with the city council to stop the treachery for the sake of future generations. “Do this for the children,” he said. “Don’t sacrifice their heritage.” Another swore that, faced with a choice between safety and tradition, she would stick with tradition every time.144 Because changes can be disruptive, many municipalities are deferential to the desires of the majority of property owners on a street.145 This leaves renters and people in a community who use a street but do not own property along it effectively without a voice, just 142 Between the Lakes Group L.L.C., supra note 118. 143 Alan Ehrenhalt, Nightmare on Nuthatch Lane, GOVERNING MAG., Sept. 1999, at 7, available at http://www.governing.com/archive/1999/sep/assess.txt. 144 Id. 145 See, e.g., WOODINVILLE, WASH., MUNICIPAL CODE tit. 12, ch. 15, § .060 (2006), available at http://www.mrsc.org/mc/woodinville/woodin12.html#12.15.060 (citing council redesignations of streets); SEATAC, WASH., SEATAC MUNICIPAL CODE tit. 11, ch. 20, § 060 (2006), available at http://www.ci.seatac.wa.us/mcode/smc114006000.htm (citing street redesignations); see also MO. REV. STAT. § 77.220 (2006), available at http://www.moga.mo.gov/statutes/C000-099/0770000220.HTM; County of Riverside, Transportation and Land Management Agency, Street Name Change Policy, http://www.tlma.co.riverside.ca.us/trans/cus_pam_road_rename_policy.html (last visited Jan. 2, 2007); Knoxville Metro. Planning Comm’n, A Step-By-Step Guide to the Process: How to Change a Street Name, http://www.knoxmpc.org/zoning/quickfct/ namechng.htm (last visited Jan. 2, 2007); Municipality of Anchorage, Alaska, Street Names, http://www.muni.org/addressing/StreetNames.cfm (last visited Jan. 2, 2007); Stephen P. Morse et al., Obtaining Street Name Changes in One Step, http://stevemorse.org/census/changes.html (last visited Jan. 2, 2007). 2007] Trademarks of Privilege 967 as they are unlikely to have had any input into the original name selection. It also insures that majority property owners will not have names like Martin Luther King, Jr. or Rosa Parks thrust upon them against their will, even though in the long run such naming acts might foster enhanced cultural understanding. It would arguably be impossible to adopt a policy of impartial naming for public facilities. Chosen names will have a variety of meanings and interpretations even if they do not explicitly reference particular people or entities. Simply naming a street in Columbia, South Carolina, “Columbia Street” may at first blush seem like a quintessentially neutral choice, until one recognizes that “Columbia” is a tacit reference to Christopher Columbus, whose place in history is somewhat controversial.146 Many streets and municipalities themselves have been named after people and places in the Bible, and so impart religious significance to those for whom the portion of the Bible from which the name is derived is a sacred text. Other names are chosen as a reflection of some distillation of community values. Naming public facilities after George Washington may be seen as a patriotic gesture. Refusing to name public facilities after Abraham Lincoln may be seen by some (South Carolinians in particular) as an act of continued resistance against the North.147 Naming a street after Albert Einstein may reflect an effort to be mildly unconventional, while honoring Calvin Coolidge may be assumed to convey very button-down, conservative sensibilities. A Republican controlled Congress decided in 1998 to rename the major airport serving Washington, D.C. “Reagan National.”148 Republicans claimed that renaming the Washington National Airport 146 Ibiblio, 1492: An Ongoing Voyage: Christopher Columbus: Man and Myth, http://www.ibiblio.org/expo/1492.exhibit/c-Columbus/columbus.html (last visited Jan. 1, 2007). 147 For Senator Lindsey Graham’s quote about fact that Republicans in South Carolina do not hold Lincoln dinners, see e.g., Posting of Ken Campbell to Palmetto Demblog, http://www.scdp.org/blog.php?blog_id=227 (Mar. 7, 2005) (posting and commenting on Bryan Mitchell, GOP Senator Has Unifying Message: Graham Encourages Republicans Support Social Security Plans, KNOXVILLE NEWS-SENTINEL, Mar. 6, 2005, at B3; Posting of Doug McDaniel to American Street, http://www.reachm.com/amstreet/archives/2005/03/08/knoxville-calling-lindsey- graham-apparently-doesnt-think-much-of-lincoln/, Knoxville Calling: Lindsey Graham Apparently Doesn’t Think Much of Lincoln (Mar. 8, 2005). 148 Ronald Reagan Washington National Airport is located in Arlington County, Virginia. Metropolitan Washington Airports Authority, Reagan National Airport, http://www.metwashairports.com/national/ (last visited Jan. 1, 2007). 968 University of California, Davis [Vol. 40:919 for President Ronald Reagan was a perfect gift for his 87th birthday.149 Many observers believe the gesture was both to honor former President Ronald Reagan, and to harass Democrats150 and airport union members,151 since Reagan had crushed PATCO, the Air Traffic Controllers Union, during his reign.152 The naming gesture was imposed by the federal government on the area’s inhabitants,153 though it was not congruent with the wishes of the vast majority of the District of Columbia’s residents, making it appear very much an act of dominion over a population that is not permitted direct representation in the U.S. Congress.154 In an overt and unusual attempt to shift the cultural meaning of the name of a public political subdivision, King County, Washington kept its name, but revised the basis for it. Originally named for William Rufus King, Vice President under President Franklin Pierce, the King County Council changed the “basis” for the name in 1986, passing a motion that eventually was effected into law that repurposed “King” as an honorific on behalf of Martin Luther King, Jr.155 149 Talks on Renaming Airport for Reagan Continue, CQ NEWS, Jan. 31, 1998, available at http://www2.cnn.com/ALLPOLITICS/1998/02/02/cq/reagan.html. 150 See James P. Lucier & Timothy W. Maier, Dissing Reagan Washington National Airport Name Change to Honor Ronald Reagan, INSIGHT ON THE NEWS, Apr. 23, 2001, at 6, available at http://www.findarticles.com/p/articles/mi_m1571/is_15_17/ ai_74011902; Richard Tapscott, Congress Votes for Reagan Airport, WASH. POST, Feb. 5, 1998, at A01, available at http://www.washingtonpost.com/wp-srv/local/longterm/ library/airport/overview5.htm; Letter from James L. Oberstar, Ranking Democratic Member, House Committee on Transportation and Infrastructure: Democratic Caucus, Dear Colleague on Reagan Airport Proposal, http://www.house.gov/transportation_democrats/revdcoll2.htm (last visited Jan. 2, 2007); Grover Norquist, Call It: Reagan National Airport, HUM. EVENTS, Feb. 6, 1998, available at http://findarticles.com/p/articles/mi_qa3827/is_199802/ai_n8784804; The NewsHour with Jim Lehrer, Name Game (PBS television broadcast Feb. 4, 1998), transcript available at http://www.pbs.org/newshour/bb/transportation/jan- june98/reagan_2-4.html; Wikipedia, Ronald Reagan Washington National Airport, http://en.wikipedia.org/wiki/Ronald_Reagan_Washington_National_Airport (last visited Jan. 2, 2007). 151 See Molly Charboneau, Ronald Reagan Airport: Slap in the Face to Air Controllers, WORKERS WORLD, available at http://www.workers.org/ww/1998/ reagan0226.php. 152 See generally Rebecca Pels, The Pressures of PATCO: Strikes and Stress in the 1980s, 37 ESSAYS IN HIST. (Corcoran Dep’t of History, Univ. of Va. 1995), http://etext.virginia.edu/journals/EH/EH37/Pels.html. 153 See Tapscott, supra note 150. 154 House Committee on Transportation and Infrastructure: Democratic Caucus, Reagan Airport Bill: Dissenting Views, http://www.house.gov/ transportation_democrats/views/rrairviews.htm (last visited Jan. 2, 2007). 155 See Wikipedia, King County, Washington, http://en.wikipedia.org/wiki/ 2007] Trademarks of Privilege 969 CONCLUSION In the quid pro quo naming context, articulating standards and publicizing information that permits markets in naming rights to function commodifies the process in ways that many might find unappealing, and could lead to tax consequences that would lessen incentives to make large charitable donations. This approach would be more democratic than most current practices, however, in the sense that the public would understand the naming process, and could predict with reasonable certainty the outcome of any competition over naming rights. Fairness in strictly honorific naming practices, where no monetary donations are involved, would seem to require a fairly clear set of principles that direct the procedure. All people and organizations should have a fairly equal ability to have public amenities named in their honor. The communicative message made by any particular naming should also be explicitly considered. Naming choices embrace certain social values and eschew others. The terms and conditions of the naming should also be reasonably unambiguous, and the individuals or entities with the power to name or rename public facilities should be spelled out. Every government entity vested with naming power should, at a minimum, codify some naming principles, and make the entire process reasonably transparent, accessible to all community members, and accountable for the values and messages embedded in their naming choices. A government entity or municipality could consider a system of public auctions, under which all purchased naming rights could simply be auctioned off to the highest bidder. This would be beneficial to the public coffers, and compensate the public for the branding or advertising function served by a naming gesture. However, auctioning naming rights would probably mean that wealthy people would garner an even larger share of the quasi-trademarked public domain than they do now. The process would open naming rights up to people from underrepresented groups, but only wealthy ones. Alternatively, a lottery approach could be used, through which names are randomly chosen from slates of nominees proposed by community members and screened or vetted by government actors. This would unhinge naming choices from wealth and class, but would also undermine efforts to use naming acts to laud heroic actors and preserve targeted aspects of community culture and history. King_County%2C_Washington (last visited Jan. 1, 2007). 970 University of California, Davis [Vol. 40:919 Another approach might be to utilize ballot referenda, which could diversify non-purchased, honorific naming using a directly democratic approach, by which voters choose honorific names from a slate of nominees. Yet another option might be to delegate this power to specifically elected or appointed committees of interested citizens, with the explicit requirements of transparency and accountability often associated with financial transactions. Regardless of the specific approach chosen, communities need to be more deliberative about naming practices, and recognize the conflict between naming, trademark precepts, and the social meanings of naming choices. While private entities are largely free to do as they choose, citizens should question the proclivity of government actors to honor and generate positive publicity for individuals using public funds and public resources, especially when monetary gifts are not tendered in exchange. Otherwise, the people in control of naming the physical public domain will continue to favor themselves and their own interests, using trademark privileges to appropriate public goodwill from the physical public domain. To remain passive about naming practices is to allow the men who dominate the political environment to continue to name physical assets for themselves, usurping assets and privileges that rightfully belong to all of us, and to shape and re-shape our cultural geography for their own ends. Appendix I Ramsey County Countywide Facility and Site Naming Policy (January 25, 2020) 1. Ramsey County, Countywide Facility and Site Naming Policy. approved 2/25/20. 6 pages. 2. Shannon Prather, “Ramsey County to stop naming buildings, parks after individuals,” Star Tribune, East Metro edition, 2/29/20. https://www.startribune.com/ramsey-county-to-stop-naming-amenities-after-individuals/568179312/ Policy Title Countywide Facility and Site Naming Policy Department County Manager’s Office Chapter 1 Section 1 Policy 3 Effective Date Tuesday, February 25, 2020 POLICY STATEMENT This policy establishes the framework for the naming of county facilities and sites. The County bears a special responsibility to ensure that the names attached to its facilities and sites accord with its mission, vision, goals, and values, reflecting its highest ideals and aspirations for county residents and our future. This policy further provides Ramsey County with the opportunity to integrate guidance on racial equity and community engagement in its approach to naming county sites. General Naming Guidelines, Process, and Applicability The General Naming Guidelines in this section apply to all county facilities and sites, including buildings, open spaces, infrastructure, and parts thereof. See “Applicability,” below, for more information. All county names must be consistent with the county’s mission, vision, goals, and values. County staff may recommend naming proposals if there is clear demonstration that the naming proposal considers the historical context and inclusiveness of the name, the American Indian or native history of the site, if applicable, and the impact, real or perceived, that the name may have on American Indians, Black, and underrepresented communities and their lived experiences. Any proposed name’s impact on racial equity must also be considered, in accordance with the county’s Advancing Racial Equity Policy. Additionally, in the process of evaluating any naming proposal for buildings, parts of buildings available for public use, open spaces, and infrastructure, county staff must demonstrate in its recommendation that they have consulted or engaged with the impacted communities in accordance with the county’s Community Engagement Policy. If any name existing prior to, proposed, or chosen pursuant to this policy violates any of these general guidelines, or otherwise comes into disrepute, the County Manager may recommend that a new name be chosen. While this policy does not automatically require a comprehensive reevaluation of all current site names, the current name of any facility or other site undergoing a complete reconstruction, significant upgrade, or relocation must be reviewed for compliance with this policy. Specific Naming Guidelines In addition to the general guidelines above, the following guidelines apply to specific categories of county sites. This section also includes guidelines for corporate and individual naming rights (see “Definitions” below of naming rights), and a section on the process for Exceptions to these guidelines. All Buildings, Open Spaces, and Infrastructure This category includes but is not limited to all buildings, open spaces, and infrastructure, for example, county administrative and service centers, libraries, sports complexes, arenas, parks, trails, golf courses, roads, sidewalks, and bridges. Buildings, open spaces, and infrastructure will be named according to locational, geographical, or natural features of the site. Names should include a reference to the kind of public service(s) being provided. These guidelines are intended to help residents more easily identify the location of county buildings and the services they provide. Buildings, open spaces, and infrastructure may not be named in honor or in memory of individuals, nor will either corporate or individual naming rights be granted for sites in this category, except for sports complexes and arenas and their components, for which the county may enter into naming rights agreements with either corporate or individual sponsors (see “Applicability” below for limitations) or unless granted an exception (see “Exceptions” below for the exception process). Where cities have the authority to name streets within their boundaries, this policy is not intended to infringe on that authority. Parts of Facilities and Sites Available for General Public Use This category includes but is not limited to parts of buildings such as conference rooms, facilities within parks such as picnic shelters, and other parts of facilities available for general public use. Generally, parts of facilities and sites available for public use will be named according to locational, geographical, physical, or natural features of the site. Names should include a reference to the kind of service(s) provided by the site. Such names are intended to help residents more easily identify the location of the site and the service(s) it provides. Parts of facilities and sites available for public use in acknowledgment of a donation or contribution to the county may not be named in honor or memory of individuals, unless granted an exception (see “Exceptions” below for the exception process). This does not preclude the possibility that corporate or individual donors making a contribution to county facilities, whether as part of a capital campaign or under other circumstances, may have their donation acknowledged with a plaque or inscription. Such contributions and acknowledgments will comply with the county’s Donor Policy. Parts of Facilities and Sites Not Available for General Public Use This category includes parts of buildings, such as conference rooms, that are not available for general public use. Generally, parts of facilities and sites not available for general public use will be named according to locational, physical, geographical, or natural features of the site. Such names are intended to help staff more easily identify the location of the space. Parts of facilities and sites not available for general public use may not be named in honor or memory of individuals, unless granted an exception (see “Exceptions” below for the exception process). This does not preclude the possibility that individuals may be acknowledged with a plaque or inscription. Approval Process for Naming Proposals For All Buildings, Open Spaces, and Infrastructure; and Parts of Facilities and Sites Available for General Public Use Any naming proposal for facilities and sites in this category must be presented to the County Manager for consideration, final review, and approval. County staff must present naming proposals through their Executive Team member, who will forward the recommendation to the County Manager. Upon the County Manager’s approval, the County Manager will forward the proposal, by means of a formal request for board action to the County Board for adoption. The County Board may reject the new name or send it back to the County Manager for further consideration or modification. For Parts of Facilities and Sites Not Available for General Public Use Any proposal for a part of a facility or site not available for general public must be presented to the County Manager for consideration, final review, and approval. County staff must present naming proposals through their Executive Team member, who will forward the recommendation to the County Manager. Notification to the County Board is not required for final adoption, except in cases where an exception, deviation, or modification to the Specific Naming Guidelines in this policy is proposed. In such cases, the proposal must be forwarded to the County Board, by means of a formal request for board action. Exceptions to the Specific Naming Guidelines Any Exception Request must be presented to the County Manager, who must inform the County Board of the request. The same approval process detailed in the Approval Process for Naming Proposals (see above) apply to Exception Requests. The County Board is the only entity that may approve an exception, deviation, or modification to the Specific Naming Guidelines in this policy. APPLICABILITY This policy applies to both official names and unofficial (e.g., cultural or historical heritage) names of all county facilities and sites, including all buildings, parts of buildings, all open spaces, and all infrastructure, whether owned or leased. It applies both to permanent names and to any name assigned as part of a limited-term naming rights contract. Where lease terms limit naming rights, the terms of the lease will control. While advertising is subject to different approval processes and contractual obligations, the principles guiding the choice of names, as set forth in this policy under “General Naming Guidelines,” should guide advertising contracts as well. Guidelines on naming rights will apply only to sites where corporate or individual naming rights are legally permissible. There may be county sites that are ineligible for corporate or individual naming rights, due to limitations on selling naming rights for properties that were purchased with bonding money. GENERAL INFORMATION This policy supersedes guidance provided in Resolution 98-417, “Policy on Naming Facilities.” It provides expanded and clarified guidelines on the kinds of sites covered, as well as the principles and values that apply to naming. This policy also explicitly links naming to county guidance on racial equity and community engagement. Names are weighted with great meaning and significance, now and long into the future. As the county seeks to advance racial equity by reducing racial and ethnic-based disparities, it must consider the impact of names on these efforts. To do so, the county must engage in authentic and constructive community dialogue with impacted communities, including the first people of the land, American Indians. AUTHORITY This policy was prepared under the authority of the County Manager. DEFINITIONS • Naming rights: Time-limited, contractual rights given to a corporate or individual sponsor or donor to name a county site after either a corporate entity or individual in exchange for a monetary contribution. • Parts of buildings: Includes rooms and other areas designated for particular purposes. • General public use: Public use of the facility or site without staff escort and not including meetings with staff. • Locational, geographical, physical, or natural features: These include features that provide an objective reference point. Locational or geographic features might include, for example, the city or street where a site is located (e.g., Ramsey County Library in Roseville, Dale Street Bridge) or its direction relevant to other locations (e.g., West Wing, Lower Level Conference Room). Physical features include qualities of the facility itself (e.g., Brick Room, Glass Room). Natural features include geologic or topographical features such as a nearby lake, creek, or bluff (e.g., Turtle Lake County Park). RESPONSIBILITIES All county leaders, department managers, supervisors, and staff are responsible for adopting and applying this policy to the naming of any county site. PROCEDURES Regarding the evaluation and approval processes, see Policy Statement above. LINKS AND RESOURCES • Naming Proposal Form • Advancing Racial Equity Policy • Community Engagement Policy • Donor Policy CONTACTS / SUBJECT MATTER EXPERTS Director, Policy and Planning Racial and Health Equity Administrators REVISION HISTORY Date Brief description of change Jan. 20, 2020 New Policy APPROVAL Johanna Berg Deputy County Manager, Economic Growth and Community Investment February 25, 2020 Revision History Date Wednesday, April 29, 2020 Appendix J Naming Policies of other Jurisdictions 1. City of Bloomington, City Facilities Naming Policy, adopted August 6, 2007. 6 pages 2. City of Faribault Naming Policy, adopted December 8, 2020. 4 pages 3. Policy for the Naming of Parks, Trails, and Facilities in the City of St. Louis Park, adopted December 6, 1999. 7 pages 4. City of Saint Paul, Parks and Recreation Commission Policy # 7, Naming Parks and Recreation Sites, approved September 11, 1991; updated March 14, 2012. 2 pages 5. City of West St. Paul, Naming of West St. Paul City Parks and Recreational Facilities, approved February 28, 2022. 2 pages. 6. Minneapolis Park and Recreation Board Park Naming Policy. 1 page 7. University of Minnesota Board of Regents Policy: Namings and Renamings, last amended February 11, 2022. 9 pages . 1 City of Bloomington City Facilities Naming Policy (Adopted by City Council August 6, 2007) Purpose: The purpose of the naming policy is to provide guidelines for designating names for City of Bloomington facilities. The policy is comprised of four sections: Nomination Criteria, Naming/Renaming Guidelines, Application Process, and Review/Selection Process. I. NOMINATION CRITERIA: Nominations for City facilities naming/renaming should be based on one or more of the following Nomination Criteria (not in order of relevance): 1. In honor of organizations or individuals (living or deceased) who made a significant contribution to the City of Bloomington. 2. In honor of an historic figure, place, or occurrence that played a significant role in the history of the City of Bloomington or the State of Minnesota. 3. Named in relation to a prominent geographical characteristic that creates identity for a specific area of the City. Examples can include naming for adjacent streets, bodies of water, and other geographic features. 4. Named for organizations or individuals who contribute a significant amount of the land and/or funding for the acquisition and/or development of the City facility based on the following restrictions: a. The organization or individual shall not directly or indirectly endorse or promote: i. Unlawful activity. ii. Age-restricted products such as alcohol or tobacco products, or other products generally considered to be detrimental to health, welfare, or safety of children. iii. Sexually explicit signs or graphics, including signs that describe sexual conduct in a patently offensive matter. iv. Discrimination or preferential treatment to certain groups or activities. The naming of City facilities shall normally be limited to no more than one facility per year to maintain the stature of the facility naming honor. Any unnamed City facility may be nominated for naming using the Nomination Criteria. Existing City facilities shall be considered to be unnamed if they have never been specifically assigned a name as an individual facility by action of the City Council. For example, Dred Scott Playfields Softball Field #6 may be renamed as it has never been specifically assigned a name as an individual facility. However, Tony Oliva Field (Dred Scott Playfields Baseball Field #1) is considered a specifically named facility. Facilities can be nominated for naming: 1. If they are identified by City staff as eligible for naming. 2. By an outside party using the Nomination Criteria. 2 II. NAMING/RENAMING GUIDELINES: The naming of City facilities shall be limited to significant facilities or features, including but not limited to: buildings, rooms in buildings, athletic fields, parks, ponds, bridges, playgrounds, streets, and trails. The naming of a minor amenity such as a water fountain, fire hydrant or tree is not normally permitted, and shall be addressed through the appropriate City Department. For minor amenities in City parks, please refer to the attached City of Bloomington Park Memorial Guidelines that were approved by the PARC on February 5, 2004. The renaming of City facilities will be strongly discouraged. A thorough examination of nominations will be conducted to insure that renaming the City facility will not diminish the original justification for the name or the prior contributors. City staff and the appropriate advisory board/commission will recommend a course of action to the City Council for all renaming nominations. Renaming of City facilities will follow the same procedures as naming a City facility, and will adhere to the following guidelines: 1. Only City facilities named for geographic location, outstanding feature or subdivision will be eligible for renaming. 2. Parks that have been named by deed restrictions shall not be considered for renaming. 3. City facilities named after individuals should not be changed, unless it is found that because of the individual's character the continued use of their name would not be in the best interests of the City. 4. The City retains the right to remove a named facility without any requirement to replace the facility, or provide a substitute named facility, unless required to do so by separate agreement. III. APPLICATION PROCESS: The process for nominating the naming of a City of Bloomington facility shall be: 1. Nominating person(s) shall request a City of Bloomington Facility Nomination for Naming Form from the City Clerk’s office. a. At the City’s discretion, solicitations for nominations will be made public through various media. b. The City may establish a naming rights program for specific City facilities and establish minimum donation requirements (cash or other remuneration) for said naming rights. c. Individuals may make unsolicited nominations for unnamed City facilities at any time. 2. The City of Bloomington Facility Nomination for Naming Form must be fully completed and submitted to the City Clerk’s office before the review process will begin. 3. All individuals nominated shall be subject to a criminal background check. 3 IV. REVIEW AND SELECTION PROCEDURES: 1. City of Bloomington Facility Nomination for Naming Forms submitted to the City Clerk will be reviewed by staff for completeness and accuracy. 2. Nominations meeting the minimum criteria will be forwarded to the appropriate City Department and advisory board/commission for review. 3. Within 60 days after receiving the nomination, a recommendation to either approve or decline the nomination will be forwarded to the City Council. 4. Nominating parties will be notified when the City facility naming request will be considered by an advisory board/commission and the City Council. Nominating parties will be informed in writing of the final naming decision within two weeks following the action by the City Council. 5. Nominating parties shall be responsible for the costs associated with recognition or memorial plaques or markers. The size, style, text and location of plaques/markers shall be approved by the City. *The City Council shall have the authority to override this policy when they deem doing so is in the best interests of the City. 1 City of Bloomington City Facilities Naming Nomination Form (Updated March 26, 2009) Please refer to the City Facilities Naming Policy for guidelines for designating names for City of Bloomington facilities. RATIONALE FOR THE NOMINATION CITY FACILITY INFORMATION PROPOSED NAME CURRENT NAME NOMINATOR INFORMATION NAME OF NOMINATOR ADDRESS OF NOMINATOR CITY STATE ZIP CODE PHONE NUMBERS (H) (W) (C) EMAIL 2 (over) If you are proposing to name a City Facility after an individual, be aware that the individual will be subject to a criminal background check. Therefore, the City requires the following information on the individual: FULL NAME (Please check) THE INDIVIDUAL IS: LIVING DECEASED IF DECEASED, INDIVIDUAL’S DATE OF DEATH INDIVIDUAL’S DRIVER’S LICENSE NUMBER___________________________________________ If the individual is living, please provide the following information: NAME ADDRESS CITY STATE ZIP CODE PHONE NUMBERS (H) (W) (C) EMAIL REVIEW AND SELECTION PROCEDURES: 1. City of Bloomington Facility Nomination for Naming Forms submitted to the City Clerk will be reviewed for completeness and accuracy. 2. Nominations meeting the minimum policy criteria will be forwarded to the appropriate City Department and advisory board/commission for review. 3. Within 60 days after receiving the nomination, a recommendation to either approve or decline the nomination will be forwarded to the City Council. 4. Nominating parties will be notified when the City facility naming request will be considered by an advisory board/commission and the City Council. Nominating parties will be informed in writing of the final naming decision within two weeks following the action by the City Council. 5. Nominating parties shall be responsible for the costs associated with recognition or memorial plaques or markers. The size, style, text and location of plaques/markers shall be approved by the City. SIGNATURE OF NOMINATOR DATE Submit this form to the City Clerk, City of Bloomington, 1800 West Old Shakopee Road, Bloomington, MN 55431. 4 Attachment CITY OF BLOOMINGTON PARK MEMORIAL GUIDELINES (Approved by the PARC on February 5, 2004) Below are the guidelines for the City’s park memorial program (PMP). 1. The Parks Maintenance Manager shall administer the PMP. 2. The City shall accept all PMP donations by formal action at a City Council meeting. 3. Thank you letters shall be sent out for all PMP donations received. 4. PMP donations of a routine nature (e.g. trees, park benches) will be handled administratively by the Parks Maintenance Manager. These donations typically have a value of $100 to $5,000. 5. PMP donations of a significant nature (e.g. park shelter, basketball court, etc.) will be brought before the PARC for review. These donations typically have a value greater than $5,000. 6. For routine PMP donations the donor shall pay for the delivered cost of the item to be installed such as a tree or bench. The City shall cover the installation costs. 7. PMP donations shall comply with standards as established by the Parks & Recreation and Parks Maintenance Divisions. These standards shall include the species of trees deemed acceptable for planting in City Parks, the manufacturer and model of equipment to be installed, and the placement of donated items in City Parks. 8. Plaques or markers will not be placed for routine tree donations. 9. A donor recognition or memorial plate may be affixed to park benches donated to the City. The City shall specify the size and style of the donor plate and the donor will pay for the plate and arrange for the engraving. Upon return of the engraved plate from the donor, the City shall affix the plate to the park bench. 10. Other PMP donor recognition or memorial plaques/markers will require review by the PARC. PARKS/CITY FACILITIES NAMING POLICY 8-6-07 COUNCIL ADOPTED Special City Council Work Session Tuesday, May 11, 2021 at 6:30pm or immediately following the City Council Meeting City Hall – Council Chambers AGENDA 1. Call to Order 2. Naming of City Park at 691 1st Avenue NE (former Public Works Garage site) 3. Consideration of Work Schedule Revisions/Options 4. Future Discussion 5. Adjourn The Council may meet as a group for dinner. Please contact the City Administrator’s Office if you need special accommodations while attending this meeting Council Work Session Memorandum TO: City Council THROUGH: Parks and Recreation Advisory Board Tim Murray, City Administrator FROM: Paul J. Peanasky, Parks and Recreation Director MEETING DATE: May 11, 2021 SUBJECT: Naming of City Park at 691 1st Avenue NE (former Public Works Garage site) Discussion: We are seeking direction to name the former public works site as a park. The Parks and Recreation Advisory Board met several times to discuss the naming of the park. Also, the City Council adopted the Park Naming Policy at its December 8, 2020, City Council Meeting. The Park Board narrowed the park naming to two possibilities. If named after a person, the name was Grace McKinstry Park and if not named after a person, Fleckenstein Bluff. Grace McKinstry spent the summers in Faribault getting her inspiration and was a famous artist. A story of her history is included in the packet. The Fleckenstein Bluff name is a reference to the Fleckenstein Brewery as the brewery was located across the river from the park site. Sue Garwood from the Rice County Historical Society attended a Parks and Recreation Advisory Board meeting to discuss historical names. Other names that were discussed included: •Cornelia Whipple •Verna Ochs •Helen Bratten •Pioneer Bluff •Bob Burke Park •Silkey Park •River Rail Park The City Council is asked to determine a name for the Park so we can begin to identify it by name. Attachments: •Park Naming Policy •September 23 Park and Recreation Advisory Board Minutes •History of Grace McKinstry 2. Page 1 of 3 POLICY FOR THE NAMING OF PARKS, TRAILS, AND FACILITIES IN THE CITY OF ST. LOUIS PARK 1. INTRODUCTION: Records of the Parks and Recreation Advisory Commission show that over the last, approximately twenty-five (25) years the Commission and the City have studied the issue of naming parks, park trails, and park facilities in the City of St. Louis Park. While non-binding guidelines have been developed over the years to aid in determining a name for a particular park, park trail, or park facility, it appears that there has never been developed a comprehensive policy and set of procedures to be utilized by the Commission and the City when naming parks, park trails, or park facilities. It is the recommendation of the Parks and Recreation Advisory Commission that a formal process for naming parks and park facilities in the City of St Louis Park be adopted by the City Council. 2. CRITERIA: Previously, the Parks and Recreation Advisory Commission and the City had developed a list of guidelines for the naming of parks and park facilities in the City of St Louis Park. The Commission recommends that those guidelines continue to be utilized in the naming / renaming of parks and park facilities in the City of St Louis Park. (See guidelines dated 12/19/77 and 5/13/91). A review of these guidelines can be divided into the following general categories: a. Contributor – an individual or organization who has contributed financially to the acquisition and/or development of a park, park trail or park facility or who has provided significant service to the community and/or City. b. Location – a name that fits the neighborhood, street, or other characteristics of the park or park facility locale. c. Famous American – possible names would be President, Military Leaders, cabinet members, Congresspersons or State Official. The Commission recommends that a waiting period of two (2) years after the individual terminates public service be observed before consideration in this category is given. d. Occasion – a special event in history. Example: D-Day. The Commission recommends that these general categories be included in any information that is distributed to all requests and petitions for park facility naming/renaming. The Commission recommends that these guidelines be a permanent part of the procedure for naming/renaming park facilities and that they remain in effect until changed at the recommendation of the Commission with the approval of the St. Louis Park City Council. The Commission recognizes that the final determination of all names for park facilities must be made by the City Council. Page 2 of 3 3. QUALIFYING EVENT: The Commission recommends that in order to eliminate the ad hoc practice of determining whether a park facility should be named or renamed, one of the following events should occur prior to initiating the naming/renaming of a park facility: a. Neighborhood Changes. If the neighborhood changes in nature either by composition of the residents or the composition of the surrounding area. This consideration should be made either as a result of a petition or by recommendation of the Parks and Recreation Advisory Commission. b. Financial. If an individual or organization wishes to contribute a significant portion of the cost of developing a park facility or area, the Commission may recommend naming/renaming the park facility after the contributor. c. Service to the Community. A park facility can be named/renamed for an individual living or deceased who has significantly served the community above and beyond the call of duty. In order to be considered for such an honor, the person should have the following: ◊ Completed at least ten (10) years of service, and; ◊ A waiting period of at least two years from termination of service or two years from the death of the individual, whichever occurs first. In a situation where service to the community is demonstrated by an individual or organization donating land adjacent to an existing park facility, this should be considered if the total contribution of the donation is estimated to be at least half of the value of the total existing park facility by fair and equitable professional evaluation. d. Memorials. An individual or organization may wish to recognize a deceased City resident by means of a visible, physical item such as a plaque, living memorial or art object displayed in a public recreation facility. The donor must provide for the cost of the object plus installation cost. Future maintenance should be considered as part of the installation cost. Specific plans for the object must be submitted in advance of approval. The object and its location must be approved by the Commission and the City Council. If the memorial is to be in the form of a plaque, the size will not exceed 225 square inches. Other memorials will also be limited to size and appropriateness of the object and location. The installation of these memorials will be supervised by the appropriate City personnel. e. Original Acquisition of Park Land. After a parcel is acquired the guidelines previously utilized by the City of St Louis Park shall be used in naming the new park facility. (See guidelines dated 12/19/77 and 5/13/91). The Council is given the authority and discretion to make exceptions to the above-mentioned qualifying events in special situations deemed appropriate by the Council. Page 3 of 3 4. FACILITIES WITHIN THE PARK: Facilities within a park may be named with initiation of the naming of the facility as set forth in Section 3 (a-e) above. Examples of such facilities may include, but not be limited to athletic fields; tennis courts; swimming pools; ice arenas; golf courses; wildlife areas and buildings. 5. PROCESS FOR NAMING A PARK, TRAIL OR FACILITY; Staff and the Commission have discussed the following process: a. Resident or City Council member inquiry leads to staff sending out a form to collect the information criteria or qualifying event. b. Staff reviews the form and sends recommendations to the Parks and Recreation Commission. c. Parks and Recreation Commission reviews the request and makes a recommendation to the City Council. d. City Council reviews and passes a resolution naming or renaming the park, trail or facility. e. Staff puts up a park sign or plaque in the appropriate location. Adopted by the City Council 12/6/99 Updated: 11/05/20143/06/2009 Parks, Park Trails and Park Facilities Naming Application Applicants Name ___________________________________ Date _____________________ Address ______________________________________________________________________ City _________________________________________ State ___________ Zip ________ Home Phone __________________________________ Cell Phone ____________________ Email address _________________________________________________________________ Park Name ___________________________________________________________________ Park Address _________________________________________________________________ Facility _______________________________________________________________________ Proposed Name ________________________________________________________________ □ New Park/Facility □ Existing Park/Facility The information provided in this application is hereby true to the best of my knowledge. Additional information will be provided upon request. I understand this application will be reviewed by the Parks and Recreation Advisory Commission and the City Council of the City of St. Louis Park. Applicants Signature ___________________________________________________________ Updated: 11/05/20143/06/2009 The policy for naming St. Louis Park public parks and park facilities must follow certain criteria developed by the Parks and Recreation Advisory Commission. Before a change will be considered, one or more of the following events must occur prior to initiating the naming/renaming of a park or park facility. Please indicate which criterion(s) is pertinent and explain why (utilize additional pages if necessary).  Service to the Community: this individual, living or deceased, has significantly served the community above and beyond the call of duty. In order to be considered for such an honor, the person should have the following: ◊ Completed at least ten (10) years of service, and; ◊ A waiting period of at least two (2) years from termination of service or two (2) years from the death of the individual, whichever occurs first. In a situation where service to the community is demonstrated by an individual or organization donating land adjacent to an existing park facility, this should be considered if the total contribution of the donation is estimated to be at least half of the value of the total existing park facility by fair and equitable professional evaluation. Explain __________________________________________________________________ _________________________________________________________________________  Memorial: I wish to recognize a deceased City resident by means of a visible, physical item such as a plaque, living memorial or art object displayed in a public recreation facility. I will provide for the cost of the object plus installation cost. Future maintenance should be considered as part of the installation cost. Specific plans for the object must be submitted in advance of approval. I understand the object and its location must be approved by the Commission and the City Council. If the memorial is to be in the form of a plaque, the size will not exceed 225 square inches. Other memorials will also be limited to size and appropriateness of the object and location. The installation of these memorials will be supervised by the appropriate City personnel. Explain __________________________________________________________________ _________________________________________________________________________  Financial Contributor: this individual or organization has contributed a significant portion of the cost to of developing a park, park trail or park facility. Explain __________________________________________________________________ _________________________________________________________________________  Famous American: possible names would be President, Military Leader, cabinet member, Congress person or State Official. The Commission recommends that a waiting period of Updated: 11/05/20143/06/2009 two (2) years after the individual terminates public service be observed before consideration in this category is given. Explain __________________________________________________________________ _________________________________________________________________________  Occasion: a special event in history. Explain __________________________________________________________________ _________________________________________________________________________  Neighborhood Change: The neighborhood changed in nature either by composition of the residents or the composition of the surrounding area. This is a result of a petition (attach) or by recommendation of the Parks and Recreation Advisory Commission. Explain __________________________________________________________________ _________________________________________________________________________  Original Acquisition of Park Land: A new parcel is acquired. The guidelines previously utilized by the City of St Louis Park shall be used in naming the new park facility. (See guidelines dated 12/19/77 and 5/13/91). Explain __________________________________________________________________ _________________________________________________________________________  Location: the name fits the neighborhood, street, or other characteristics of the park or park facility locale. Explain __________________________________________________________________ _________________________________________________________________________ Office Use Only Received by __________________________________________________ Date _________________________ Staff Reviewed _______________________________________________ Date _________________________ PRAC Reviewed ______________________________________________ Date _________________________ CC Reviewed _________________________________________________ Date _________________________ Park Sign / Plaque Installed (if applicable) __________________________ Date _________________________ 4 CITY PARK ADDRESSES HAVE PLAYGROUNDS Ainsworth Park – 5.11 acres 7700 28th St W, 55426 Aquila Park – 30.04 acres 3110 Xylon Ave S, 55426 Aquila School 8500 W 31st St, 55426 Bass Lake Park – 1.09 acres 3450 Glenhurst Ave, 55416 Bass Lake Preserve – 68.07 acres 3515 Beltline Blvd, 55416 Birchwood Park – 2.48 acres 2701 Zarthan Ave S, 55416 Blackstone Park – .91 acres 6094 16th St W, 55416 Boneyard (Haul Rd) 2501 Edgewood Ave S, 55426 (Clr & Colorado – By RR Tracks On SE Side) Bronx Park – 2.67 acres 2900 Idaho Ave S, 55426 Browndale Park – 10.74 acres 4525 Morningside Rd, 55416 Carlson Field – 10.55 acres In Cedar Knoll Park Carroll Hurd Park – 3.11 acres 7520 Cedar Lake Rd, 55426 Carpenter Park/Skippy Field – 12.99 acres 4900 Highway 7, 55416 Cedar Knoll/Carlson Field – 10.55 acres 2541 Nevada Ave S, 55426 Cedar Manor Park/Lake – 9.22 acres 9350 Cedar Lake Rd, 55426 Cedarhurst Park – 1.01 acres 1601 Natchez Ave S, 55416 Center Park – 1.82 acres 3750 Wooddale Ave, 55416 Dakota Park – 20.18 acres 2643 Dakota Ave S, 55416 Edgebrook Park – 1.25 acres 3920 Pennsylvania Ave S, 55426 Elie Park (Tower Park) – 1.86 acres 3450 Wyoming Ave S, 55426 Eliot School 6800 Cedar Lake Rd, 55426 Fern Hill Park – 5.53 acres 4421 28th St W, 55416 Ford Park – 10.64 acres 2115 Ford Rd, 55426 Freedom Park (Paul Frank Field) – 1.62 acres 3261 Gorham Ave, 55426 Hampshire Park – 3.34 acres 6520 18th St W, 55426 Hannan Lake – 17.22 acres 9019 Cedar Lake Rd, 55426 Hurd Park Isaac Walton League/Creekside Park – 1.78 acres 7341 Oxford St, 55426 Jackley Park – .57 acres 4215 Brookside Ave, 55416 Jersey Park – 1.95 acres 1601 Jersey Ave S, 55426 Jorvig Park – .6 acres 6210 W 37th St, 55416 Justad Park – .71 acres 5917 Cambridge St, 55416 Keystone Park – 3.25 acres 3034 Alabama Ave S, 55416 Kilmer Lake – 4.12 acres 1684 Kilmer Ave S, 55426 Knollwood Green – 1.22 acres 3450 Flag Ave S, 55426 Lake St – 1.83 acres 6212 W Lake St, 55416 Lamplighter Park – 12.24 acres 1800 Pennsylvania Ave S, 55426 Louisiana Oaks – 33.0 acres 3400 Louisiana Ave S, 55426 Meadowbrook Lake 4240 Colorado Ave S, 55416 Meadowbrook Manor Park 4072 Meadowbrook Ln, 55416 Medora Woods Menzel Park (Mpls.) – .57 acres 2601 Glenhurst Ave S, 55416 Minikahda Vista Park – 4.34 acres 3901 Inglewood Ave S, 55416 Minnehaha Basin – 2.30 acres 3214 Aquila Ave S, 55426 Nelson Park – 1.04 acres 2500 Georgia Ave S, 55426 Oak Hill Park – 13.83 acres 3201 Rhode Island Ave S, 55426 Oregon Park – 2.05 acres 3100 Oregon Ave S, 55426 Otten Pond – 3.53 acres 1440 Dakota Ave S, 55416 Parkview Park – .18 acres 6801 33rd St W, 55426 Pennsylvania Park – 2.35 acres 1459 Pennsylvania Ave S, 55426 Rainbow Park – .72 acres 2908 Sumter Ave S, 55426 Rec Center / Wolfe Park – 32.25 acres 3700 Monterey Dr, 55416 Rotary Northside Park – 8.66 acres 2200 Louisiana Ave S, 55426 Roxbury Park – 1.94 acres 3110 Brunswick Ave S, 55416 School Shop 6300 Walker St, 55416 Shelard Park – 6.95 acres 390 Ford Rd, 55426 Sunset Park – 1.90 acres 3328 Xylon Ave S, 55416 Sunshine Park – .71 acres 2900 Vernon Ave S, 55416 Susan Lindgren 4801 W 41st St, 55416 Texa-Tonka Park/Lake Victoria – 3.19 acres 2750 Virginia Ave S, 55426 Town Green – .44 acres 3815 Grand Way, 55416 Twin Lakes Park – 26.74 acres 4750 26th St W, 55416 Utah Pond Victoria Lake – 10.60 acres 2704 Burd Place, 55426 Walker Field – 3.7 acres 3500 Pennsylvania Ave S, 55426 Webster Park – 1.49 acres 3301 Webster Ave S, 55416 Westling Pond Westwood Hills Nature Center – 139.33 acres 8300 Franklin Ave W, 55426 Willow Park – 2.62 acres 2500 Rhode Island Ave S, 55426 Wolfe Park/Rec Center – 32.25 acres 3700 Monterey Dr, 55416 Page 1 of 2 PARKS AND RECREATION COMMISSION POLICY # 7 SUBJECT: Naming Parks and Recreation Sites POLICY: The naming of sites within the Saint Paul Parks and Recreation system shall be based on specific criteria and for a specific purpose. Saint Paul park sites include, but are not limited to parks, facilities, recreation centers, trails, open space, tot-lots, park roads, parkways, tennis courts, playing fields, gymnasiums, swimming pools and beaches, picnic grounds, and special feature facilities, such as the zoo, conservatory, or nature interpretive centers. The following criteria and purposes shall be considered when selecting a name for a park site: Geographic names shall be based on adjacent street names, surrounding neighborhood or community name, or the name of other prominent nearby features, such as a water body. The purpose for using a geographic name for a park site is to enable the public to identify the site’s location. Historic names shall be based on prominent historic people or events associated with the site’s general area. Care shall be taken that historic name’s reflect the City’s multi-cultural diversity and traditions. The purpose of using a historic name for a park site is to enable the public to identify the site’s location and to educate the public about the site’s history. Functional names shall be based on the use, service or programs provided at the site. The purpose of using a functional name for a park site is to enable the public to identify the purpose, services, or programs provided at the site. Memorial names shall be based on names of an individual who made significant contributions to the Saint Paul Parks and Recreation system and who have been deceased for at least three years. Since the purpose of using an individual’s name for a park site is primarily to honor that person and his or her contribution to the parks’ system, consideration shall be given to alternative geographic, historic, or functional names, so that the park site name shall serve the greatest need of the general public. The procedure for requesting the naming of a park site shall be as follows: Any Saint Paul resident, organization, agency, or business may recommend names for new park sites or name changes for existing park sites. Such requests shall be made in writing to the Director of Parks and Recreation. The Director shall forward the request and the staff recommendation to the Parks and Recreation Commission for its review and comment. Parks which have had another name for at least 50 years shall also be submitted by the Parks and Recreation Commission to the St. Paul Historic Preservation Commission, for its review and comment before renaming. The Parks and Recreation Commission shall present its recommendation to the Mayor and City Council for final action. * * * * * * * * * * * * * * * * * * WĂŐĞϮŽĨϮ POLICY TYPE: _____ GOVERNANCE PROCESS _____ COMMISSION RELATIONSHIPS DATE APPROVED: September 11, 1991 DATE UPDATED: March 14, 2012 FURTHER ACTION TO BE TAKEN _____ NO _____RESOLUTION/ORDINANCE LEGAL REFERENCE AND DATE OF FINAL ACTION: September 11, 1991 TRANSMIT TO: Mayor, City Council, Commissioners, Department Managers Page 1 of 2 Naming of West St Paul City Parks and Recreational Facilities Approved by: City Council History Adopted: February 28, 2022 Amended: A. Purpose The naming or renaming of parks and recreational facilities is complex and sometimes emotional since assigning a name is a powerful and permanent identity for a public place and/or facility. The naming and renaming of parks and/or recreational facilities often requires significant resources in terms of changing names on signs, maps, and literature. In addition, excessive and constant name changing can be the source of confusion to the public. The purpose of this policy is to provide guidance to those that have an interest in the naming and or renaming of the City of West St Paul’s parks and/or recreational facilities. The responsibility for naming and or renaming of City parks and recreational facilities lies with the City Council. The City Council will rely on the Parks and Recreation Advisory Committee for input and recommendation for the naming and or renaming of City parks and recreational facilities. B. Objectives  Naming of City parks and recreational facilities enhances a sense of community within the City.  Ensure that parks and recreational facilities are easily identified and located.  Ensure that names given are consistent with the values and characteristics of the City of West St Paul.  Assure the quality of the title/name, so that it will serve the purpose of the City in a permanent manner.  Encourage public participation and input in order to fully represent the best interest of the City.  Encourage and recognize the dedication of lands, or donations by individuals or groups. C. Qualifying Names and/or Criteria  Geographical location of the park or facility including descriptive names, such as a street  An outstanding feature of the area. (example: hill, pond, vegetation)  Commonly recognized subjects of historical significance such as; event, person (non- living), group, culture, or place.  A person (living or non-living) or group who significantly contributed to the acquisition or development of the park/facility. Page 2 of 2 Naming of West St Paul City Parks and Recreational Facilities  An individual (living or non-living) who provided an exceptional service in the interest of the park system as a whole or for the community as a whole.  A person (living) whose contribution or significant gift is of a most extraordinary nature.  Naming may be considered based on the provision of significant funding that underwrites the cost of renovation or construction of City property. Financial underwriting shall be broadly defined as substantial monetary contributions that completely or significantly enable City projects such as parks, buildings or property acquisition to occur. This may include monetary gifts and/or grants that leverage federal, state and local funding for such projects or complete donation of land.  Parks and facilities that are donated to the City can be named by deed restriction by the donor. The naming and acceptance of land is subject to approval by the City Council.  Naming may not conflict with public grant funding policies established by state and/or federal grant funding programs. D. Exclusions  Naming associations with tobacco, alcohol, contraceptives, religious organizations, political candidates or adjudicated felons are prohibited.  The dedication of small park amenities with an identifiable lifespan and not intended to be permanent such as fixed park benches and tables shall be addressed under a separate parks policy. E. Renaming The intent of naming is for permanent recognition. The renaming of parks and facilities is strongly discouraged. It is recommended that efforts to change a name be subject to the most crucial examination so as not to diminish the original justification for the name or discount the value of the prior contributors. Parks named for subjects, other than individuals, may be changed in name only if the current name is ineffectual or inappropriate. Minneapolis Current park naming policy: “The MPRB is seeking serious ideas for a permanent name for this new park. Below is the MPRB Naming Policy and a link to submit ideas online. 1. Park sites, centers, shelters or other special facilities may have a geographic or historic name appropriate to the park or building site. 2. Park sites, centers and special facilities may also be given a name which depicts their function. 3. Park sites, centers, shelters or other special facilities may also be named after an individual whom the Board has determined to have made a substantial contribution to the Minneapolis Park and Recreation Board. 4. Park sites, centers, shelters or special facilities may also be named after an individual at the local, state, national or international level who, in the Board’s judgment, put forth significant effort or substantially promoted causes which furthered the goals and objectives which the Board has for the Minneapolis Park System. 5. Naming after any individual may not take place until at least two years after the person’s name has been nominated in writing.” Board of Regents Policy: Namings and Renamings Category: Administrative Last Amended: February 11, 2022 Page 1 of 9 BOARD OF REGENTS POLICY: Namings and Renamings SECTION I. SCOPE. The policy governs the namings, renamings, and retention of namings of significant University of Minnesota (University) assets, including: (a) honorary namings (Section IV); (b) namings associated with gifts or sponsorships (Section V); (c) other namings (Section VI); (d) renamings and revocation of namings (Section VII); and (e) the retention of namings (Section VIII). SECTION II. GUIDING PRINCIPLES. The following principles shall guide the namings, renamings, and retention of namings of significant University assets: (a) Community and belonging - The University is committed to fostering a welcoming community that values accessibility, equity, diversity, and dignity in people and ideas as stated in Board of Regents Policy: Equity, Diversity, Equal Opportunity, and Affirmative Action. (b) Preservation - The University acknowledges the full, living history that formed it. Before a decision is made to name, rename, revoke, or retain a naming, care shall be taken that the process includes broad conversation; does not erase historical moments, persons or places; and makes room for voices held silent in the past. (c) Exceptionality - The naming, renaming, revocation, or retention of a naming to honor an individual or non-University entity’s contribution to the University is a serious matter and should be undertaken with great care; exemplify the University’s mission, guiding principles, and standards for integrity as defined by Board of Regents Policy: Mission Statement and Board of Regents Policy: Code of Conduct; advance the evolving landscape of University history and achievement, and consider the impact to University history. (d) Deliberation - Each request for consideration of a naming, renaming, revocation, or retention of a naming shall be considered on its own through a careful, informed, inclusive, and deliberative approach that reflects the University’s consultative and collaborative decision-making process; ensures the proper review and approval of all naming proposals; and preserves confidentiality consistent with applicable law. Board of Regents Policy: Namings and Renamings Category: Administrative Last Amended: February 11, 2022 Page 2 of 9 (e) Change - Change across the University occurs continuously and the understanding and interpretation of campus history can also change over time. Consistent with the University’s mission and guiding principles as defined by the Board of Regents (Board), the University benefits from examining its own long-standing history and traditions and will consider questions raised about namings granted by this policy. SECTION III. DEFINITIONS. Subd. 1. Significant University Assets. Significant University assets shall mean tangible or intangible resources of the University that are of significant prominence or visibility. Assets include but are not limited to the following: colleges and schools; University-level academic programs, centers, and institutes; and buildings, significant portions of buildings, grounds, physical structures, streets, and areas. Subd. 2. Donor. Donor shall mean a person or entity transferring money or other property to the University or one of its recognized foundations in connection with a naming, whether or not the donor is the subject of the naming. Subd. 3. Gift. Gift shall mean a transfer of, or promise to transfer, money or other property to the University without reciprocal benefit to the donor. Subd. 4. Sponsor. Sponsor shall mean a person or entity entering into a sponsorship. Subd. 5. Sponsorship. Sponsorship shall mean a contract involving the provision of funds or other support with the expectation of returned benefits, public acknowledgement, or promotional opportunity. Subd. 6. Street. Street shall mean any private road or driveway as defined in the Regents of the University of Minnesota Traffic Regulations Ordinances. SECTION IV. HONORARY NAMINGS Significant University assets may be named in honor of an individual or a non-University entity to recognize service, dedication, or meritorious contributions to the institution when the naming is not associated with a gift or sponsorship. Honorary namings shall remain for a duration of 75 years, unless retained as described in Section VIII of this policy. Subd. 1. Naming of Colleges, Schools, and University-Level Academic Programs. These assets may be named in honor of an individual or non-University entity. (a) Approval. The Board reserves to itself authority to name, rename, or revoke the honorary naming of these assets. (b) Management. The Senate All-University Honors Committee (Honors Committee) manages the process and submits recommendations to the president, who makes recommendations to the Board. Review procedures and criteria that align with Section II of this policy shall be maintained by the Honors Committee and approved by the president. Board of Regents Policy: Namings and Renamings Category: Administrative Last Amended: February 11, 2022 Page 3 of 9 Subd. 2. Naming of Departmental Chairs. A departmental chair may carry an honorary naming. (a) Approval. The president or delegate approves this naming, with concurrence of departmental chairs. (b) Management. The relevant unit manages this naming process. Subd. 3. Naming of Buildings and Other Significant University Assets. Buildings and other significant University assets may be named in honor of an individual or non-University entity. A building may not be named for a current University employee. (a) Approval. The Board reserves to itself authority to name, rename, or revoke the honorary naming of buildings and other significant University assets. (b) Management. The Honors Committee manages the process and submits recommendations to the president, who makes recommendations to the Board. Review procedures and criteria that align with Section II of this policy shall be maintained by the Honors Committee and approved by the president. Subd. 4. Naming of Significant University Assets for Regents or Regents Emeriti. Significant University assets may not be named in honor of current or former members of the Board except as provided in Section V of this policy. Such gift related namings may not include the title “Regent” or “Regent Emeritus.” Subd. 5. Naming of Buildings for Past Presidents. The University may name buildings for past presidents. Consideration of a naming may not take place while a past president is employed by the University. (a) Approval. The Board reserves to itself authority to name, rename, or revoke the naming of buildings for past presidents. (b) Management. The chair of the Board convenes a committee with representatives from the Board, the Faculty Consultative Committee, and the Honors Committee to develop a recommendation. This recommendation shall be forwarded to the Honors Committee for information prior to submission to the Board for final action. Subd. 6. Naming of Separate Building Parts. Separate building parts that are not significant University assets may be named in honor of an individual or a non-University entity. An independent committee of the relevant academic or administrative leadership and building occupants shall manage and approve the namings. SECTION V. NAMINGS ASSOCIATED WITH GIFTS OR SPONSORSHIPS. University assets may be named for individuals or non-University entities to recognize significant gifts or as part of a sponsorship. Namings associated with gifts or sponsorships shall remain for the useful life of the physical campus feature or academic endeavor, unless otherwise negotiated under contract, and subject to Board approval. Colleges, schools, academic programs, centers, or institutes are not usually named for commercial entities; if the name of a commercial entity is to be considered, Board approval is required. Board of Regents Policy: Namings and Renamings Category: Administrative Last Amended: February 11, 2022 Page 4 of 9 Subd. 1. Naming of Endowed Chairs, Professorships, Faculty Fellowships, and Other Positions. The University seeks and welcomes private financial support for endowed chairs, professorships, faculty fellowships, and other positions that provide scholars or other leaders a continuous and reliable source of support to pursue their teaching, research, outreach, or other relevant activities. Awards established in these categories shall typically carry the name of the donor, of a person or institution designated by the donor, or of a person in whose name the University seeks funds to endow the award. (a) Approval. The president or delegate approves the naming of a chair, professorship, faculty fellowship, or other position. (b) Management. The relevant college, unit, or department establishes and manages the process for chairs, professorships, faculty fellowships, and other positions. Proposals to establish one of these institutional awards shall specify the conditions of the naming, the activities to be supported by the gift or sponsorship, and the amount of the endowment or the annual level of funding. (c) Candidates. The University shall have sole authority to appoint the holders of endowed chairs, professorships, faculty fellowships, and other positions. (d) Provisions. (1) Restrictions on the Use of Title. Chairs, professorships, faculty fellowships, and other positions shall not include such terms as University, distinguished, or the title Regents Professor. These titles are conferred only by the Board. (2) Level of Endowment. (i) Endowment for Chairs. A chair may be established when $2 million or more has been placed in an endowment that provides in perpetuity the annual funds needed for support of the chair. Alternatively, a chair may be established if a minimum of $200,000 per year for 10 years is provided by the donor to spend for the chair’s designated purpose. (ii) Endowment for Professorships. A professorship may be established when $1 million or more has been placed in a permanent endowment. Alternatively, a professorship may be established when a minimum of $100,000 per year for 10 years is provided by the donor to spend for the professorship’s designated purpose. (iii) Endowment for Faculty Fellowships. A faculty fellowship may be established when $500,000 or more has been placed in a permanent endowment for the faculty fellowship. Alternatively, a faculty fellowship may be established when a minimum of $50,000 per year for 10 years is provided by the donor to spend for the faculty fellowship’s designated purpose. (iv) Other Named Positions. Other named positions may be established from time to time through endowed gifts or minimum annual funding levels as determined by the University. Subd. 2. Naming of Colleges, Schools, Buildings, and Other Significant University Assets. These assets may be named to recognize gifts or as part of a sponsorship. No commitment regarding namings associated with gifts or sponsorships shall be made to the donor or sponsor prior to the applicable University review and approval. (a) Consultation. Prior to entering into substantive discussions or making an oral or written commitment regarding a naming to a donor or sponsor, any individual acting on behalf of the University or a recognized University foundation shall (1) inform the donor or sponsor of this policy; (2) consult with the president to determine whether the naming opportunity requires the review and approval process outlined below; and (3) consult with the recognized University Board of Regents Policy: Namings and Renamings Category: Administrative Last Amended: February 11, 2022 Page 5 of 9 foundations as appropriate to determine whether the proposed naming meets the guidelines of the recognized University foundations. (b) Review. A naming committee, with two representatives from the Honors Committee, representatives from the recognized University foundations, and relevant academic and administrative officers, shall review naming proposals and submit recommendations to the president. The president recommends namings to the Board. (c) Approval. The Board reserves to itself authority to name, rename, or revoke the naming of colleges, schools, buildings, and other significant University assets. (d) Management. For gifts, the recognized University foundations shall maintain guidelines to implement this policy in order to ensure consistency in the size of gifts relative to the significance of the asset being named. For sponsorships, the president or delegate shall ensure the consistency of the size of the sponsorship agreement relative to the overall significance of the asset to be named. Subd. 3. Other Namings Associated with Gifts or Sponsorships. University assets not covered by the definition in Section III., Subd. 1., may be named to recognize gifts or as part of a sponsorship, including but are not limited to the following: scholarships, fellowships, lecture series, or other named awards that may be established on occasion from endowments or annual minimum award amounts. (a) Approval. The president or delegate shall approve the naming of these assets. (b) Management. Recognized University foundations shall manage the process for the naming of these assets and maintain guidelines and criteria for these namings. SECTION VI. OTHER NAMINGS. This section shall govern the naming of significant University assets when the name is not in honor of an individual or non-University entity and the naming is not associated with a gift or sponsorship. Subd. 1. Naming of Colleges and Schools. A college or school may be named to reflect the relevant academic discipline. (a) Approval. The Board reserves to itself authority to name, rename, or revoke the naming of colleges and schools. (b) Management. The president or delegate makes recommendations to the Board. Subd. 2. Naming of Buildings, Significant Portions of Buildings, Grounds, Physical Structures, Areas, or Streets. These assets may be named to describe the academic or administrative purpose of the asset or to reflect a symbolic meaning appropriate for the asset. (a) Approval. The Board reserves to itself authority to name, rename, or revoke the naming of buildings, significant portions of buildings, grounds, physical structures, areas, or streets. (b) Management. The Honors Committee manages the process for the naming of buildings, significant portions or buildings, grounds, physical structures, areas, or streets and submits recommendations to the president. The president recommends namings to the Board. (c) Working Titles. The president or delegate may provide a working title for buildings, significant portions of buildings, grounds, physical structures, areas, or streets during planning and construction and prior to official naming by the Board. Board of Regents Policy: Namings and Renamings Category: Administrative Last Amended: February 11, 2022 Page 6 of 9 SECTION VII. RENAMINGS AND REVOCATION. Subd. 1. Authority. The University reserves the right to rename or revoke any naming if for any reason the naming is inconsistent with the University’s mission; jeopardizes the integrity of the University; presents risk or harm to the reputation of the University; or if the intent of a gift or the terms of a sponsorship associated with the naming cannot be fulfilled. For all namings requiring Board approval, the Board reserves to itself authority to rename or revoke a naming, except that the Board delegates authority to the president to revoke a naming granted by the Board under Section V, Subd. 2 of this policy if the intent of the gift or the terms of the sponsorship associated with a naming cannot be fulfilled by the donor or sponsor. Other namings not reserved to the Board may be renamed or revoked by the president or delegate consistent with the approval process for the specific naming as described in this policy. Subd. 2. Request for Renaming or Revocation. The president shall consider a renaming or revocation of any naming at the request of the Board. The president may also consider a renaming or revocation of any naming in response to a well-considered written request submitted by an individual or at the president’s own initiative. Anonymous proposals shall not be considered. A well-considered written request shall address the factors described in Subd. 4 of this section and: • the specific behavior of the individual or non-University entity after whom a significant University asset is named that is inconsistent with the University’s mission, jeopardizes the integrity of the University, or presents risk or harm to the reputation of the University; • the sources and strength of the information of that behavior; • the nature, depth, and extent of the present and future harm that the continued use of the name may inflict on the University; and • how renaming comports with the principles described in Section II of this policy. A request to rename or revoke a naming shall include only one significant University asset per request. Upon receipt of a request for a renaming or revocation of a naming, the president may make further inquiries to its submitters before making an initial determination whether the request should proceed. If the request proceeds, the Honors Committee shall examine and research the request. Subd. 3. Review of Request. A review of a request for renaming or revocation of a naming by the Honors Committee shall be guided by principles described in Section II of this policy and factors described in Subd. 4 of this section. The University, the Honors Committee, and those involved in evaluating a renaming or revocation request, shall adhere to the standards of inquiry and discourse appropriate for an institution of higher education. As a part of the review, the Honors Committee shall invite comments from all interested members of the University community, including those who were impacted by the behavior in question or their heirs and the subject of the naming or their heirs. The Honors Committee should take care that the inquiry itself does not exacerbate the harms that are being considered. Where helpful, the Honors Committee should take full advantage of the expertise of members of the University community. Review procedures shall be maintained by the Honors Committee and approved by the president. Board of Regents Policy: Namings and Renamings Category: Administrative Last Amended: February 11, 2022 Page 7 of 9 Subd. 4. Review Factors for Renaming or Revocation. The Honors Committee shall consider the following factors as a component of their review of a request for renaming or revocation of a naming: (a) Advancement of the University’s mission, guiding principles, and shared history - The Honors Committee should consider the impact of the naming to University history, and whether the current naming exemplifies the highest aspirations of the institution’s mission and guiding principles and advances the evolving landscape of University history and achievement. (b) Impact on the University’s diversity, equity, and inclusion goals - In considering whether to retain or remove a name, the Honors Committee should consider how the advancement of the University’s diversity, equity, and inclusion goals are relevant in these matters. (c) The harm caused by retaining the name, and the harmful impact of the individual’s or non-University entity’s behavior - This factor examines whether the individual’s or non-University entity’s behavior is inconsistent with the University’s mission and guiding principles, jeopardizes the integrity of the University, or presents risk or harm to the reputation of the University. The case for renaming is stronger to the extent that retaining a name creates an environment that impairs the ability of students, faculty, or staff of a particular gender, sexual orientation, race, religion, national origin, or other characteristic protected by federal law or University policy to participate fully and effectively in the University’s mission. (d) Strength and clarity of the historical evidence - The case for renaming is strongest when there is clear and unambiguous documentation of the wrongful behavior by the individual or non-University entity and is weakest when the documentation is scant or ambiguous. The documentation shall also include the totality of an individual’s or the non-University entity’s public and private actions that factor in the affirmation of or against renaming. The president may include other factors for the Honors Committee to consider based on the specific circumstances of the request. The president shall report those additional factors to the Board prior to the submission of the Honors Committee report, as outlined in Subd. 5 of this section. Subd. 5. Report of the Honors Committee. The Honors Committee shall submit a written report to the president that summarizes the renaming or revocation request, details how the guiding principles and factors were applied to the request and describes the committee’s findings with attribution to the sources relied upon for the findings. The president may ask Honors Committee for additional information and analysis if needed. Subd. 6. Board Action. The president shall submit the Honors Committee’s report and the president’s recommendation to the Board for action, including plans for contextualization to avoid the potential for erasure and to communicate historical information if renaming or revocation is recommended. The Board may request additional information before acting on the president’s recommendation. If a request for a renaming or revocation is granted by the Board, the Honors Committee shall research and propose a new naming to the president, which promotes broad representation of the University’s history, mission, guiding principles, and achievements. The president shall submit the new naming to the Board for action. Board of Regents Policy: Namings and Renamings Category: Administrative Last Amended: February 11, 2022 Page 8 of 9 SECTION VIII. RETENTION OF HONORARY NAMINGS. Subd. 1. Consideration of Retention. Honorary namings, as defined by Section IV of this policy, are eligible for indefinite retention when the honorary naming reaches 75 years since it was granted. At the president’s discretion, retention of an honorary naming may be considered three years before the naming’s 75th year. The president shall consider the retention of an honorary naming at the request of the Board. The president may also consider the retention of an honorary naming in response to a well-considered written request submitted by an individual or at the president’s own initiative. Anonymous proposals shall not be considered. A well-considered written request shall be guided by principles described in Section II of this policy and factors described in Subd. 3 of this section. A request to retain an honorary naming shall include only one significant University asset per request. Subd. 2. Retention Review. A review of a request for a retention of an honorary naming by the Honors Committee shall be guided by principles described in Section II of this policy and factors described in Subd. 3 of this section. For non-retained namings, the president shall request the Honors Committee to research and propose a new naming to the president, which promotes broad representation of the University’s history, mission, guiding principles, and achievements in alignment with Sections II and IV of this policy. Approval of the new naming shall follow the process for that type of naming as defined by Section IV of this policy. The University, the Honors Committee, and those involved in evaluating a retention request, shall adhere to the standards of inquiry and discourse appropriate for an institution of higher education. As a part of the review, the Honors Committee shall invite comments from all interested members of the University community. Where helpful, the Honors Committee should take full advantage of the expertise of members of the University community. Subd. 3. Review Factor for Retention. The Honors Committee shall consider the following factor as a component of their review for the retention of an honorary naming: (a) Extraordinary impact on the University’s past, present, and future - The Honors Committee shall consider whether the honorary naming is so extraordinary that it should be sustained indefinitely beyond its 75th year. The Honors Committee shall consider if retention of the name serves as an exemplar of the University’s past, present, and future and the highest aspiration of the institution’s mission and guiding principles, including the University’s diversity, equity, and inclusion goals, and the evolving landscape of University history and achievement, that it should be sustained indefinitely beyond its 75th year. The president may include other factors for the Honors Committee to consider based on the specific circumstances of the request. The president shall report those additional factors to the Board prior to the submission of the Honors Committee report, as outlined in Subd. 4 of this section. Subd. 4. Report of the Committee. The Honors Committee shall submit a written report to the president that summarizes the retention review, details how the guiding principles and factors were applied to the review, and describes the Honors Committee’s findings with attribution to the sources relied upon for the findings. The president may ask Honors Committee for additional information and analysis if needed. Board of Regents Policy: Namings and Renamings Category: Administrative Last Amended: February 11, 2022 Page 9 of 9 Subd. 5. Board or Presidential Action. For those honorary namings that require the Board approval, the president shall submit the Honors Committee’s report and the president’s recommendation to the Board for action. The president’s recommendation shall include plans for contextualization to avoid the potential for erasure and to communicate historical information if the naming is not retained. The Board may request additional information before acting on the president’s recommendation. For those honorary namings that do not require Board approval, the president shall act on the Honors Committee report. Subd. 6. Renaming or Revocation of an Indefinitely Retained Naming. For honorary namings indefinitely retained, the University reserves the right to rename or revoke any such naming if for any reason the naming is inconsistent with the University’s mission; jeopardizes the integrity of the University; or presents risk or harm to the reputation of the University, consistent with Section VII of this policy. SECTION IX. IMPLEMENTATION. Subd. 1. Legal Review. All gift agreements or contracts involving a naming are subject to this policy and must be reviewed by the Office of the General Counsel prior to approval. Subd. 2. Administration. The president or delegate shall establish and maintain administrative policies and procedures to implement this policy. Subd. 3. Coordination. The University shall ensure coordination in the following ways: (1) with the goals and priorities of the Systemwide Strategic Plan; (2) between the institution and recognized University foundations; and (3) between the fundraising and academic units in order to maintain alignment of institutional and development priorities and compliance with University policies and procedures. REVISION HISTORY Adopted: June 11, 2010 Amended: December 11, 2015; February 11, 2022 Last Comprehensive Review: 2022 Appendix K City of Saint Paul Naming of Highland Bridge Parks 1. Press release, “City of Saint Paul announces names of four new city parks at Highland Bridge,” Wednesday, April 21, 2021. https://www.stpaul.gov/sites/default/files/2021-04/Naming%20Press%20Release.pdf . 2. City of Saint Paul webpage for Highland Bridge parks, https://www.stpaul.gov/departments/parks-and-recreation/design-construction/current- projects/highland-bridge-parks-ford City of Saint Paul announces names of four new city parks at Highland Bridge Final names were selected as part of a public naming process with input and feedback from community leaders SAINT PAUL – Wednesday, April 21, 2021 The City of Saint Paul announced the names of four new city park spaces located within the Highland Bridge development project at the former Ford Motor Company site in Highland Park. The names were approved by the Saint Paul City Council during today’s meeting. Name ideas were submitted during an open call to the public for suggestions as part of the community engagement process. Final selections were made based on feedback and input from members of the Dakota community and the Saint Paul Youth Commission and received support from the Saint Paul Parks and Recreation Commission. “I’m so excited to welcome these new parks to Highland Bridge and Ward 3,” said Councilmember Chris Tolbert. “The chosen names for these public spaces reflect a myriad of our city’s histories—honoring our Native community to whom this land belongs, our Union sisters and brothers who labored on the site for a century, our city’s interconnectivity with the rest of the region, and a very popular coyote in our neighborhood. I want to thank our Parks and Recreation Commission, Parks and Recreation Department, Saint Paul Youth Commission, members of the Dakota Community, and all the Saint Paul residents who participated in this process. Your time and energy ensured that our parks at Highland Bridge celebrate a comprehensive view of our region’s history.” The four park names are as follows: • Gateway Park (A reference to the location of the park as an important entry point to the city and the Highland Bridge development) • Assembly Union Park (In recognition of the site’s industrial history and those who worked at Ford Motor Company, and specifically the importance of the workforce within the union labor movement and as contributing members of the surrounding communities) • Uŋči Makȟa Park (“Mother Earth” in Dakota) Pronounced oon-CHEE Ma-KAH • Míča Park (abbreviation for “coyote” in Dakota) Pronounced MEE-cha The City has made it a priority to include Indigenous communities during planning aspects of the Highland Bridge development and an ad hoc group of Dakota community members was formed to review and provide feedback on the list of name suggestions. “We are honored to have been asked to support the Highland Bridge development project by vetting and providing recommendations for the four community parks from an American Indian perspective,” said Maggie Lorenz, Executive Director of the Lower Phalen Creek Project and Wakan Tipi Center. “Projects like this that create place names that bring visibility, education, and interpretation of Dakota presence in our homelands are important, desired, and necessary to create a more equitable and just city. We also believe the city has more work to do and we look forward to continued collaborations on projects that help bring visibility to Indigenous communities in Saint Paul.” The City regularly engages the Saint Paul Youth Commission on policy matters and issues of equity. The Youth Commissioners reviewed the list of names and provided a list of suggestions that most resonated with them. “The involvement of youth in the process of naming parks demonstrates a commitment to the future of our city,” said Grace Philippon, Saint Paul Youth Commissioner. “We are the next generation, and these are spaces we will use for years to come. Making sure park names reflect the history and values of our community is so important." Construction on the new parks is slated to begin later this year. For additional project information and latest updates, please visit www.stpaul.gov/HighlandBridgeParks. About Saint Paul Parks and Recreation Saint Paul Parks and Recreation is a nationally accredited and gold medal award-winning organization that manages over 180 parks and open spaces, AZA-accredited Como Park Zoo and Conservatory, 26 city-operated recreation centers, more than 100 miles of trails, an indoor and two outdoor aquatic facilities, a public beach, a variety of premium sports facilities, municipal golf courses, and Great River Passage – which is the new identity for all proposed public development along Saint Paul’s more than 17 miles of Mississippi riverfront. Saint Paul Parks and Recreation is recognized by the Trust for Public Land as the #1 Urban Park System in the USA in 2015, #2 in 2016, 2017, 2018, 2019 and #3 in 2020. For more information, visit www.stpaul.gov/parks. ### Appendix L City of Edina Street Names 1. City of Edina Public Works webpage, https://www.edinamn.gov/344/Streets. 2. Andrew Scipioni, “If These Streets Could Talk: Origins of Street Names in Edina, Minnesota.” Presentation to the City of Edina Human Rights & Relations Commission, January 24, 2023. Streets Roadwork, Plowing & Sweeping The Streets Division is responsible for the maintenance and repair of Edina's more than 230 miles of city streets and public parking lots. Signs & Signals Public Works is responsible for ensuring the safe movement of vehicles, pedestrians, and bicyclists throughout the City's rights of way. We handle: Crosswalk painting Installation and maintenance of street signs including street names, stop signs, speed limits, yield, pedestrian crossing, etc. Lane striping (center lanes and bike lanes) Pavement markings (turns lanes, arrows, etc.) Additional Duties Graiti control Guardrail repair Providing barricades for block parties Work zone traic control Enable Google Translate Andrew Scipioni Transportation Planner City of Edina First Nations Early Settlers •Gleason (Gleeson) Early Settlers •Gleason (Gleeson) •McCauley Early Settlers •Gleason (Gleeson) •McCauley •Brown Early Settlers •Gleason (Gleeson) •McCauley •Brown •Willson (Wilson) Early Settlers •Gleason (Gleeson) •McCauley •Brown •Willson (Wilson) •Maloney Early Settlers •Gleason (Gleeson) •McCauley •Brown •Willson (Wilson) •Maloney •Cahill Early Settlers •Gleason (Gleeson) •McCauley •Brown •Willson (Wilson) •Maloney •Cahill •Tracy Geographic •Valley View Geographic •Valley View •Eden Prairie Geographic •Valley View •Eden Prairie •Hopkins Geographic •Valley View •Eden Prairie •Hopkins •Minnehaha Geographic •Valley View •Eden Prairie •Hopkins •Minnehaha •Cornelia Numbered Streets •44th •50th •62nd •70th •78th Early Institutions •Grange Early Institutions •Grange •Interlachen Early Institutions •Grange •Interlachen •Blake Early Institutions •Grange •Interlachen •Blake •Gus Young Ethnicity •Irish Ethnicity •Irish •Scottish Ethnicity •Irish •Scottish •English Ethnicity •Irish •Scottish •English •Norwegian Ethnicity •Irish •Scottish •English •Norwegian Golf •Braemar •Braeburn •Bonnie Brae •Hilary •John Harris •Ikola •Golf Terrace Property Owners •Tingdale Family Property Owners •Tingdale Family •Cardarelle Family Patterned Neighborhoods •Presidents Patterned Neighborhoods •Presidents •Lake Edina Patterned Neighborhoods •Presidents •Lake Edina •Parkwood Knolls Acknowledgements •Edina, Bloomington, St. Louis Park Historical Societies •Cities of Edina, Bloomington, St. Louis Park, Richfield •Joe Sullivan and David Katz •Harvey and Carl Hansen •Frank Cardarelle Appendix M Minnesota Statute authorizing naming and renaming of public streets Minnesota Statute, Section 412.221, subd.18 412.221 SPECIFIC POWERS OF COUNCIL. Subdivision 1.Books; stationery; printing.The council shall have power to procure the books to be kept by the officers, and such furniture, property, stationery, printing, and office supplies as are necessary for city purposes. Subd. 2.Contracts.The council shall have power to make such contracts as may be deemed necessary or desirable to make effective any power possessed by the council. The city may purchase personal property through a conditional sales contract and real property through a contract for deed under which contracts the seller is confined to the remedy of recovery of the property in case of nonpayment of all or part of the purchase price, which shall be payable over a period of not to exceed five years. When the contract price of property to be purchased by contract for deed or conditional sales contract exceeds 0.24177 percent of the estimated market value of the city, the city may not enter into such a contract for at least ten days after publication in the official newspaper of a council resolution determining to purchase property by such a contract; and, if before the end of that time a petition asking for an election on the proposition signed by voters equal to ten percent of the number of voters at the last regular city election is filed with the clerk, the city may not enter into such a contract until the proposition has been approved by a majority of the votes cast on the question at a regular or special election. Subd. 3.Buildings.The council shall have power to construct or acquire structures needed for city purposes, to control, protect, and insure the public buildings, property, and records. Subd. 4.[Repealed, 1963 c 798 s 16] Subd. 5.Actions at law.The council shall have power to provide for the prosecution or defense of actions or proceedings at law in which the city may be interested and it may employ counsel for the purpose. Subd. 6.Public ways and grounds.The council shall have power to lay out, open, change, widen or extend streets, alleys, parks, squares, and other public ways and grounds and to grade, pave, repair, control, and maintain the same; to establish and maintain drains, canals, and sewers; to alter, widen or straighten watercourses; to lay, repair, or otherwise improve or discontinue sidewalks, paths, and crosswalks. It shall have power by ordinance to regulate the use of streets and other public grounds, to prevent encumbrances or obstructions, and to require the owners or occupants of buildings and the owners of vacant lots to remove any snow, ice, dirt, or rubbish from the sidewalks adjacent thereto and in default thereof to cause such encumbrances, obstructions, or substances to be removed and the cost to be assessed against the property as a special assessment. Subd. 7.Lighting.The council shall have power to provide for lighting the streets, buildings, or grounds by gas, electricity or other means, and to contract with anyone engaged in the business of furnishing gas or electric service for the supply of such service to the city and its inhabitants. Subd. 8.Parks, trees.The council shall have power to provide for, and by ordinance regulate, the setting out and protection of trees, shrubs, and flowers in the city or upon its property. Subd. 9.Cemeteries.The council shall have power to acquire by purchase, gift, devise, condemnation or otherwise, hold and manage cemetery grounds, to enclose, lay out and ornament such grounds and sell and convey lots therein. It may by ordinance regulate cemeteries and the disposal of dead bodies. Subd. 10.Markets.The council shall have power to establish markets, provide public scales, and appoint a weighmaster. It may by ordinance regulate markets and the use of scales and restrain sales in streets. Official Publication of the State of Minnesota Revisor of Statutes 412.221MINNESOTA STATUTES 20221 Subd. 11.Waterworks.The council shall have power to provide and by ordinance regulate the use of wells, cisterns, reservoirs, waterworks, and other means of water supply. Subd. 12.Harbors, docks.The council shall have power to establish harbor and dock limits and by ordinance regulate the location, construction and use of piers, docks, wharves, and boat houses on navigable waters and fix rates of wharfage. The council may construct and maintain public docks and warehouses and by ordinance regulate their use. Subd. 13.Ferries.The council shall have power to acquire and operate ferries across any river flowing through or by the city. Subd. 14.Tourist camps; parking facilities.The council shall have power to acquire, improve and operate, and by ordinance regulate tourist camps and automobile parking facilities. Subd. 15.Music.The council shall have power to provide free musical entertainment. Subd. 16.Hospitals.The council shall have power to provide hospitals. The council of any city operating a municipal hospital may by ordinance establish a hospital board with such powers and duties of hospital management and operation as the council confers upon it; and the council may, by vote of all five members, abolish any board so established. The board shall consist of five members, each appointed by the mayor with the consent of the council for a term of five years. Terms of the first members shall be so arranged that the term of one member expires each year. Any vacancy shall be filled for the unexpired portion of the term in which it occurs. Any member may be removed by the mayor with the consent of the council for cause after a hearing. The council may by ordinance authorize the hospital board to establish a separate fund in the city treasury into which all of its revenues shall be deposited. The hospital board shall, in the same manner as the council under section 412.271, subdivision 1, and to the same extent, audit claims to be paid from the fund. The secretary of the board shall draw an order upon the treasurer for the proper amount allowed by the board. Upon counter signature by the president of the board and presentation, orders shall be paid by the treasurer. Subd. 17.Fire prevention.The council shall have power to establish a fire department, appoint its officers and members and prescribe their duties, and provide fire apparatus. It shall have power to adopt such ordinances as are reasonable and expedient to prevent, control, or extinguish fires. Subd. 18.Street names, numbers.The council shall have power by ordinance to name or rename the streets and public places of the city and to number or renumber the lots and blocks of the city, or any part thereof. It may make and record a consolidated plat of the city. Subd. 19.Transient commerce.The council shall have power by ordinance to restrain or license and regulate auctioneers, transient merchants and dealers, hawkers, peddlers, solicitors, and canvassers. Subd. 20.Taxis, haulers, car renters.The council shall have power by ordinance to license and regulate baggage wagons, dray drivers, taxicabs, and automobile rental agencies and liveries. An ordinance to license or regulate taxicabs or small vehicle passenger service must meet the requirements under section 221.091, subdivision 2. Subd. 21.Animals.The council shall have power by ordinance to regulate the keeping of animals, to restrain their running at large, to authorize their impounding and sale or summary destruction, and to establish pounds, and to license and regulate riding academies. Subd. 22.Health.(a) The council shall have power by ordinance: Official Publication of the State of Minnesota Revisor of Statutes 2MINNESOTA STATUTES 2022412.221 (1) to prohibit or regulate slaughterhouses; (2) to prevent the bringing, depositing, or leaving within the city of any unwholesome substance or deposit of solid waste within the city not otherwise authorized by law, to require the owners or occupants of lands to remove unwholesome substances or the unauthorized deposit of solid waste and if it is not removed to provide for its removal at the expense of the owner or occupant, which expense shall be a lien upon the property and may be collected as a special assessment; (3) to provide for or regulate the disposal of sewage, garbage, and other refuse; and (4) to provide for the cleaning of, and removal of obstructions from, any waters in the city and to prevent their obstruction or pollution. (b) The council may also seek civil penalties and damages from persons responsible for unauthorized deposit of solid waste under section 115A.99, which, if unpaid, may be imposed as a lien on property owned by the responsible persons and collected as a special assessment. (c) The council may establish a community health board as defined in section 145A.02, subdivision 5, with all the powers of such boards under the general laws. Subd. 23.Nuisances.The council shall have power by ordinance to define nuisances and provide for their prevention or abatement. Subd. 24.Noise and disorder.The council shall have power by ordinance to regulate and prevent noise or other disorder. Subd. 25.Amusements.The council shall have power by ordinance to prevent or license and regulate the exhibition of circuses, theatrical performances, amusements, or shows of any kind, and the keeping of billiard tables and bowling alleys, to prohibit gambling and gambling devices, and to license, regulate or prohibit devices commonly used for gambling purposes. Subd. 26.Vice.The council shall have power by ordinance to restrain and punish vagrants, prostitutes, and persons guilty of lewd conduct. Subd. 27.Dances.The council shall have power by ordinance to license and regulate the operation of public dance halls and the conduct of public dances. Subd. 28.Regulation of buildings.The council shall have power by ordinance to regulate the construction of buildings. Subd. 29.[Repealed, 1965 c 670 s 14] Subd. 30.Restaurants.The council shall have power by ordinance to license and regulate restaurants and public eating houses, except that a restaurant or delicatessen in a grocery store is subject only to regulation under chapter 28A. Subd. 31.Sewer and water connections.The council shall have power by ordinance to require the owner of any property abutting on or adjacent to any street in which sewer and water mains have been laid to install a toilet in any dwelling or commercial establishment upon such property and connect it with the sewer and water mains and in default thereof to provide for the installation of such toilet and charging the cost against the property as a special assessment. Official Publication of the State of Minnesota Revisor of Statutes 412.221MINNESOTA STATUTES 20223 Subd. 32.General welfare.The council shall have power to provide for the government and good order of the city, the suppression of vice and immorality, the prevention of crime, the protection of public and private property, the benefit of residence, trade, and commerce, and the promotion of health, safety, order, convenience, and the general welfare by such ordinances not inconsistent with the Constitution and laws of the United States or of this state as it shall deem expedient. Subd. 33.Advisory elections in certain cases.When the council has sole authority to decide whether the city should join a special district or similar independent governmental body having taxing powers within the city, the council shall have authority to submit to the voters at a regular or special election the question of whether the municipality should join such a body. The results of the election on the question so submitted shall be advisory to the council only and shall have no binding effect upon its decision to join or withdraw from the special district or similar independent body. Subd. 34.Decorations.The council shall have the power to provide decorations, signs, plaques, and attached accessories for public streets, buildings, and parks. History: 1949 c 119 s 29; 1955 c 270 s 1; 1961 c 230 s 2, 3; 1967 c 289 s 7; 1973 c 35 s 69; 1973 c 123 art 2 s 1 subd 2; 1975 c 30 s 1; 1986 c 444; 1987 c 309 s 24; 1988 c 719 art 5 s 84; 1989 c 329 art 13 s 20; 1Sp1989 c 1 art 20 s 26; 1990 c 480 art 9 s 17; 1990 c 493 s 1; 1991 c 52 s 5; 1994 c 412 s 5; 1999 c 238 art 2 s 74; 2013 c 143 art 14 s 65; 2014 c 291 art 7 s 28, 29; 2016 c 96 s 3 Official Publication of the State of Minnesota Revisor of Statutes 4MINNESOTA STATUTES 2022412.221 Date: February 28, 2023 Agenda Item #: VI.B. To:Human Rights and Relations Commission Item Type: Report and Recommendation From:Heidi Lee, Race & Equity Manager Item Activity: Subject:2023 Human Rights & Relations Commission Work Plan Update Discussion, Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None. INTRODUCTION: The Commission will discuss initiative updates for the 2023 workplan. ATTACHMENTS: Description 2023 HRRC Work Plan Council City Approved 12.6.22 Commission: Human Rights and Relations Commission 2023 Annual Work Plan Initiative # 1 Initiative Type ☐ Project ☒ Ongoing / Annual ☒ Event Council Charge ☐ 1 (Study & Report) ☐ 2 (Review & Comment) ☐ 3 (Review & Recommend) ☒ 4 (Review & Decide) Coordinate Sharing Values, Sharing Communities Event. Determine topic at least four months in advance of the scheduled event. Deliverable Plan and host event in 2023. Leads Bennett, Jian, Imail Target Completion Date October 2023 Initiative # 2 Initiative Type ☐ Project ☒ Ongoing / Annual ☒ Event Council Charge ☐ 1 (Study & Report) ☐ 2 (Review & Comment) ☐ 3 (Review & Recommend) ☒ 4 (Review & Decide) Coordinate Days of Remembrance to be held in alignment with the United States 2023 commemoration date. Potential need for amended resolution if topic is broadened to include additional events of genocide. Deliverable Plan & host a 2023 Days of Remembrance Event with the possibility of amending initial DOR resolution. *Resolution amendment will require Council approval. Leads Felton Target Completion Date April 2023 Council City Approved 12.6.22 Initiative # 3 Initiative Type ☐ Project ☒ Ongoing / Annual ☐ Event Council Charge ☐ 1 (Study & Report) ☐ 2 (Review & Comment) ☒ 3 (Review & Recommend) ☐ 4 (Review & Decide) Bias and discrimination event response: • Respond to Bias events as described by the Bias Event Plan • Continue quarterly meetings with Edina Police Department Deliverable Respond to bias events & participate in quarterly meetings with PD. Leads Jian, Ahluwalia, Felton Target Completion Date December 2023 Initiative # 4 Initiative Type ☐ Project ☒ Ongoing / Annual ☒ Event Council Charge ☐ 1 (Study & Report) ☐ 2 (Review & Comment) ☐ 3 (Review & Recommend) ☒ 4 (Review & Decide) Tom Oye Award: Coordinate and select one recipient for the 2023 Tom Oye Award Deliverable Planning and selection of recipient of Tom Oye Award. Leads Guadarrama, Jian Target Completion Date December 2023 Council City Approved 12.6.22 Initiative # 5 Initiative Type ☒ Project ☐ Ongoing / Annual ☐ Event Council Charge ☐ 1 (Study & Report) ☐ 2 (Review & Comment) ☒ 3 (Review & Recommend) ☐ 4 (Review & Decide) Climate Action Plan HS 4-3: Evaluate community organizations, networks, and connections serving those who require special attention, such as people who are elderly, homebound, isolated, living with disabilities, or those likely to be in need of financial assistance, during or after extreme weather events (e.g., heat, cold, and heavy precipitation). EEC will review and comment on approved report. Deliverable Report to Council. EEC: Review and comment. Leads Segall, Ismail, Stringer Moore Target Completion Date December 2023 Initiative # 6 Initiative Type ☐ Project ☐ Ongoing / Annual ☒ Event Council Charge ☐ 1 (Study & Report) ☒ 2 (Review & Comment) ☐ 3 (Review & Recommend) ☐ 4 (Review & Decide) Provide feedback to staff regarding planning of 2023 Juneteenth City event. Debrief after event and provide recommendations for the direction of future events Deliverable Provide input to staff on planning components of the Juneteenth event. Leads All Target Completion Date February 2023 Initiative # 7 Initiative Type ☐ Project ☒ Ongoing / Annual ☐ Event Council Charge ☐ 1 (Study & Report) ☐ 2 (Review & Comment) ☒ 3 (Review & Recommend) ☐ 4 (Review & Decide) Review the Bias Event Response, if needed, make any recommended changes to Council. Deliverable Report and recommendation to Council if there are changes. Leads Jian, Ahluwalia, Felton Target Completion Date December 2023 Council City Approved 12.6.22 Parking Lot: (These items have been considered by the BC, but not proposed as part of this year’s work plan. If the BC decides they would like to work on them in the current year, it would need to be approved by Council.) Ageism: helping community understand, how to mitigate it, educate and assess With a focus on equity, study and report on location and features of, and access to, City facilities (i.e., parks and recreational facilities, community gardens, meeting rooms, and transportation facilities including sidewalks and bicycle facilities) Research and report potential models for Edina residents to review, comment on, and make recommendations for changes to the policies and procedures of local law enforcement. Study & report what other cities are doing to provide reparations Date: February 28, 2023 Agenda Item #: VI.C. To:Human Rights and Relations Commission Item Type: Report and Recommendation From:Gillian Straub, City Management Fellow Item Activity: Subject:Annual Chair/Vice Chair Nomination & Selection Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Nominate and select the Chair and Vice-Chair of the HRRC for the 2023-2024 commission cycle. T he selection results of Chair and Vice-Chair will be effective on March 1, 2023. Refer to the Commission Member Handbook for more information. INTRODUCTION: ANNUAL OFFICE ELECT IONS Annual Elections Timeline. Per City Code, each board and commission is required to annually elect a Chair and Vice Chair. As outlined in all board and commission bylaws, boards and commissions are asked to hold their annual elections in February. The results of each annual election must be reported to the Community Engagement Manager for record-keeping purposes. Election Process. A quorum must be present in order to hold elections (a quorum is half of the voting members plus one). At the regular scheduled meeting selected for annual elections, the current Board or Commission Chair opens the floor for nominations. Once all members have had the chance to nominate a member or themselves, the Board or Commission can take a vote or member can make a motion to nominate a chair and/or vice chair. In the case of a split vote, a Board or Commission could table their annual elections to the next scheduled meeting to allow more member input. Office Terms. P er City Code, each appointed Chair and Vice Chair shall serve a term of one year. No person shall serve more than three consecutive one-year terms as Chair of a board or commission. A Chair elected to fill a vacancy shall be eligible to serve three full terms in addition to the remainder of the vacated term.