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HomeMy WebLinkAbout4D - Outdoor Concert Ordinance POLICE DEPARTMENT STAPP AGENDA REPORT DICK POWELL Chief of Police DATE: 4: (d) CHIEF DICIt POWELL CONSIDER APPROVAL OF ORDnmNCE 95-10 AMEND:ING TITLE 3, CHAPTER 12, SECTIONS 1 AND 2 OF THE OUTDOOR CONCERT ORD:IHANCE AUGUST 7, 1995 CONSENT AGENDA: PREPARED BY: SUBJECT : :INTRODUCTION: The Prior Lake Police Department is currently reviewing a number of ordinances to see if they need updating. Many of the ordinances have been in place for many years and were designed for use in a smaller city or are simply outdated. As part of this effort, the council directed that we look at the Outdoor Concert Ordinance. The council discussed a revised ordinance at their June 19, 1995 meeting. Ray Lemley attended that meeting and expressed some concerns on behalf of the tavern owners. After receiving council direction at the meeting, we outlined key points for another ordinance revision in the July 7th Manager's Update (excerpt attached). The council concurred with the proposed revision and the city attorney has prepared an amendment for consideration as part of the consent agenda. BACltGRomm : The current city ordinance for outdoor concerts allows each liquor establishment to hold two outdoor concerts a year. Stringent rules are applied to the concerts and, for the most part, the events cause little problem on the property. Problems, however, do occur when large crowds are drawn into Prior Lake by name bands. Even though the host bar does a good job of managing the event, visitors come a~ed with alcohol and are slow to leave the surrounding area after the event. Heavy police patrol is then required to keep the 16200 Eagle Creek Avenue S.E., Prior Lake, Minnesota 55372 / Ph. (612) 440-3555 / Fax (612) 440-3666 peace so we don't have disorderly and noise complaints in the early morning hours. The patrol requires extra officers on the street at overtime costs. DISCUSSION': If the ordinance remains unchanged, the city can expect escalating overtime costs as a resul t of outdoor concerts. We have considered a number of options which were identified on the June 19th Agenda Report. The attached ordinance amendment would further regulate concerts by requiring slightly higher standards than required by the present ordinance: 1. ) Public streets and property would no longer be used by the general public for concerts. 2.) The amendment would also allow for the city council to waive license fees for non- profit organizations when they request a concert license. 3.) The deposit by the license holder would be increased to $500 to cover clean up and/or police action should either be necessary. The current deposit is $250. 4.) To address weddings or private parties which otherwise meet ordinance standards, a $50 license fee would be implemented with a $200 clean up/police deposit. If clean up or police is necessary the cost would be deducted from the deposit. Any balance would be refunded to the license holder or the entire amount refunded should action not be necessary. :ISSUES: The city's primary concerns should be to curb additional costs associated with outdoor concerts and the elimination of disturbing the peace and other public safety types of complaints. The above option addresses both issues to one extent or another. The proposed amendment will have to be tested to see if the $500 deposit is the appropriate amount of money that should be held by the city. Additional information will also have to be evaluated from actual concert experiences to determine when the licensee ALTBRHAT:IVBS : RBCOIIMBNDAT:ION': ACTION' REOmmm: should be billed for police services as a result of the concert. The council has the following options: 1. ) Do nothing. 2.) Adopt the new amendments as part of the consent agenda. 3.) Defer action pending additional info~tion. receipt of Alternate #2. Adopt the attached ordinance amendment as part of the consent agenda. Once the amendments are adopted the staff will revise the 1995 Fee Schedule so that it is accurate with respect to outdoor concerts. Motion and second agenda to adopt Or Outdoor Con the consent relating to ...--...-..........--r...------....--...-........ .--..--...---..- CITY OF PRIOR LAKE ORDINANCE NO. 95- 10 AN ORDINANCE AMENDING TITLE 3, CHAPTER 12, OF THE PRIOR LAKE CITY CODE. The City Council of the City of Prior Lake does hereby ordain: Section 3-12-4(A) of the Prior Lake City Code is hereby amended to read as follows: (A) All applications shall be accompanied by the written consent of the property owner and tenant of property sought to be used for the concert. No license shall be granted without such consent being filed. All concert activities must be contained on the approved concert site. No concerts or concert activities shall be allowed on City- owned property or public streets. Section 3-12-4(D) of the Prior Lake City Code is hereby amended to read as follows: (D) All applications submitted to the City for approval shall be accompanied by payment of such license fees as determined by the City Council. Outdoor concerts organized by nonprofit organizations such as religious organizations or community associations may have the license fee waived if permission is granted by the City Council. All applications submitted to the City for approval shall also be accompanied by such deposits as determined by the City Council to cover cleanup costs and direct police costs incurred by the City in connection with the concert. Any balance remaining after payment of cleanup costs and direct police costs incurred by the City shall be refunded. Section 3-12-8(B) of the Prior Lake City Code is hereby amended to read as follows: (B) The City's assigned inspector shall check the outdoor concert area and immediate surrounding area to determine compliance with the cleanup requirement. The inspector will advise the City ~1anager that the cleanup requirement has been met or assign a cleanup crew. If a cleanup crew is assigned, the cleanup costs incurred by the City in connection with the concert shall be deducted from applicant's deposit. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this _ day of 1995. ArrEST: City Manager Mayor Published in the Prior Lake American on the _ day of Drafted By: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center Minneapolis, Minnesota 55402 , 1995.