HomeMy WebLinkAbout02 22 2016 Community Event Policy Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL WORK SESSION REPORT
MEETING DATE: FEBRUARY 22, 2016
AGENDA #: ITEM 1
PREPARED BY: ANGELA BARSTAD, RECREATION COORDINATOR
PRESENTED BY: ANGLEA BARSTAD
AGENDA ITEM: COMMUNITY EVENT ORDINANCE
INTRODUCTION: In May 2015, the City Council directed staff to research and create a
policy regarding community events in Prior Lake. The Council is
supportive of community events and would like to encourage more of
them, but believes that the city could more equitably administer such
events. The draft policy poses a number of questions for the City Council
to address -- just as any good policy should. Our hope is that we can
discuss the various issues related to the proposed ordinance and receive
clarification on items before bringing the matter to the full Council for
consideration.
TOPICS: Staff was directed by the City Council to develop a community events
policy because of the increased frequency in requests for street closures,
park reservations, and city services and staff time. Additionally, the
permitting and contract process for such events has been inconsistent
and undocumented. To meet the rising demand and ensure equitable
treatment, City staff researched other communities’ approaches to
community events, engaged key stakeholders for feedback, and
presented draft recommendations to the Parks and Community Safety
Advisory Committees.
The proposed ordinance (attached) divides potential event sponsors into
four categories:
Group I – Prior Lake City Government
Group II – Prior Lake Civic/Non-Profit Agencies
Group III – Prior Lake Residents and Businesses
Group IV - Other
One permit fee of $50 is proposed with scaled usage fees being applied
based on group type. Charges could be incurred for city staff time
required for the event (e.g., police officers, public works staff). Additional
permits would be required for alcohol and electrical as would appropriate
insurance coverage. Applications would need to outline plans for crowd
and traffic control, onsite emergency personnel/equipment, portable
toilets, food licenses, etc. Staff proposes a deposit for damage and
estimated staff costs in advance of the event.
2
All community event requests will be approved by the City Manager or
his designee. Should an event be denied, appeals would be heard by the
City Council. Violations of the conditions outlined in the permit could
result in loss of the deposit, revocation of the permit, and denial of future
events from the sponsor.
For 2016, staff proposes to implement the permitting process primarily.
The only fees we would charge are the $50 application fee where
applicable, any city personnel or equipment use charges, and damage
deposits. Any other usage fees would be considered for implementation
in 2017.This approach allows the opportunity for staff and sponsors to
talk over the proposed fees before they are considered by the city
council at the end of 2016.
We will present a PowerPoint reviewing the proposed ordinance as the
process we have followed to date at the work session.
Specific items for Council feedback at the Work Session include:
Are the proposed event sponsor groups acceptable?
Does the process make sense?
Does the Council wish to encourage/discourage or limit usage at
certain locations (particularly Main Street)?
Are their special cases/events to consider as exempted or
grandfathered from the proposed process?
CONCLUSION: We have reserved the full two hour session for this discussion, so we are
hopeful that councilors will provide direction on which components of the
proposed ordinance should move forward for full Council consideration
and approval.
SECTION 316
COMMUNITY EVENTS
316.100: FINDINGS: The City of Prior Lake recognizes the value of community events in
building a vibrant and healthy community. The City promotes regular and active use
of public property and encourages a wide variety of community events.
The purpose of this Section is to provide guidance to event organizers, to ensure a
safe and successful event, and to ensure that:
a) Approval or denial of community event permits are considered using an open,
inclusive, and transparent method based on uniform criteria.
b) Appropriate insurances and licenses are obtained, and the City's risk exposure is
properly evaluated.
c) Adequate protection of public health, safety and welfare of citizens is provided
for.
d) Adequate staffing levels are in place.
Community events can often exceed the City's capacity to provide usual City
services. Regulations are necessary to ensure that such events are conducted with
sufficient consideration given to public safety issues, including, among other
considerations, the impact of such events on parking and vehicular traffic within the
City, and expenditure of City funds. All events are subject to all applicable federal,
state and local rules and regulations.
316.200 Definitions: For purposes of this Section, the following terms shall have
the following meanings:
Community Event or Event is defined as a gathering of at least 25 individuals on
public property or in a public facility, assembled with a common purpose.
Community events include, but are not limited to: concerts, fairs, carnivals, circuses,
parades, athletic tournaments, flea markets, marathons, walkathons, festivals, races,
bicycle events, celebrations or any other gathering or events of similar nature.
Community events also include the use of any location in the City for a commercial
video or film production regardless of the number of individuals involved in the
project.
Person is defined as a natural person, association, organization, club, group formed
for a common purpose, partnership of any kind, Limited Liability Company,
corporation or any other legal entity.
Premises is defined as the public property and/or facilities used for the event.
Sponsor is defined as the person who finances and is responsible for an event.
Vendor is defined as someone who offers or sells goods or services.
316.300 Classifications. The City shall assign each event a group number pursuant to the
following classifications. If an event qualifies for more than one group, it shall be
assigned to the lowest group number for which it qualifies. The classifications are
established for purposes of evaluation and issuance of the event permit and for fee
and cost applicability.
Group I - Prior Lake City Government: Any event sponsored by the City of
Prior Lake including, but not limited to, City Council, Board and Commission
meetings, City sponsored/co-sponsored or hosted programs, events and public
meetings. City sponsorship/co-sponsorship or hosting of an event must be
approved in advance by the City Council.
Group II – Prior Lake Civic/Non-Profit Agencies: Any event sponsored by a
civic or non-profit agency which is based in or serves the community of Prior
Lake. A civic or non-profit group is considered to be based in Prior Lake if at
least 75% of its membership roster resides in the City or in the Prior Lake-Savage
school district boundaries. Group II includes but is not limited to, Prior Lake-
Savage School District, Prior Lake Rotary, Prior Lake Youth Athletic
Associations, Prior Lake Chamber of Commerce and Prior Lake-based religious
organizations.
Group III – Prior Lake Residents and Businesses: Any event sponsored by a
resident, commercial organization or business located or residing in the City of
Prior Lake.
Group IV –Other: Any event sponsored by any other person, including but not
limited to, League of Women Voters, political meetings, rallies or conventions,
etc.
316.400 Fees and Costs: The sponsor shall be responsible for all fees and costs related to the
event.
316.401 Application Fee: An application fee shall be submitted to the City along with the
completed application. The application fee shall be in the amount set forth in the City
Fee Schedule.
316.402 Facility Usage Fee: A facility usage fee shall be submitted to the City after the event
permit has been approved but prior to issuance of the event permit. The facility usage
fee shall be in the amount set forth in the City Fee Schedule.
316.403 City Costs. The sponsor shall be responsible for all costs incurred by the City in
relation to the event. After the event permit has been approved but prior to issuance
of the event permit the sponsor shall deposit with the City a cash escrow for the
estimated costs expected to be incurred by the City in conjunction with the event.
The City shall deduct all costs incurred from the escrow. Any portion of the escrow
not retained by the City shall be returned to the sponsor within 60 days of the
completion of the event. The estimate is only an estimate and does not limit the
responsibility of the sponsor to pay all costs incurred by the City as a result of the
event. If the costs incurred by the City exceed the escrow the City may, at any time,
require that additional funds be paid into the escrow. Regardless of whether
additional funds are paid into the escrow, if the costs incurred by the City exceed the
escrow after the event is complete, the City shall invoice the sponsor for the
difference. The invoice shall be paid within 30 days of receipt.
The costs include, but are not be limited to the following:
a) Electricity
b) Water
c) Use of City equipment
d) Staff time for: street closures, posting of no parking signs, assistance with crowd
control, delivery, set up and tear down of equipment, etc.
e) Repair and restoration for any damage to public or private property
f) Additional police and/or fire protection or other City services
316.404 Deposit. A refundable deposit may be required depending on the size of the event
and the premises to be used. If a deposit is required it shall be provided to the City
prior to issuance of the event permit. The City may retain all or a portion of the
deposit to pay for any damage resulting from the event, any City costs incurred that
are not paid for within 30 days of receipt of an invoice, and/or any failure to comply
with the event permit or any part of this Section. Any portion of the deposit not
retained by the City shall be returned to the sponsor within 60 days of the completion
of the event.
316.405 Waiver: All fees and costs shall be waived for Group I events. The application fee
shall be waived for Group II events. In addition, any sponsor may request waiver of
any costs or fees imposed by this subsection. Waivers may only be approved by the
City Council and shall meet the public purpose expenditure guidelines as follows:
a) promotes the health, safety, and welfare of the city, and
b) does not have as its primary objective the benefit of a private interest.
316.500 Permit required: An event permit is required to hold a community event within the
City.
316.501 Exceptions: An event permit is not required for the following:
a) Community events sponsored by the City of Prior Lake.
b) Funerals and funeral processions.
c) Events located on the grounds of any school, playground, place of worship, hotel
conference center, stadium, school athletic fields, arena, auditorium, or similar
permanent place of assembly when used for regularly established assembly
purposes.
d) Block parties.
e) Non-commercial events held on private property or in public parks such as
weddings, graduation parties or other private social parties. (Note: private events
on private property requesting public services will be billed directly.)
316.600 Application: A complete application shall be submitted to the City at least 45 days in
advance of the event. Application forms are available at the City. The application
shall indicate the proposed priority classification, identify the premises to be used,
include all other information requested by the City and shall be accompanied by an
application fee.
316.601 Issuance: The City Manager or his/her designee may approve or deny the event
permit or the event permit may be referred to the City Council for approval or denial.
316.602 Evaluation Criteria: The criteria listed below will be used in evaluating each event
permit. Please note that not all criteria apply to every event.
a) Event classification as set forth in subsection 316.300.
b) Event has wider community benefit beyond supporting organization.
c) Event is marketed beyond Prior Lake with the potential to attract visitors from a
broader region that will contribute to the local economy.
d) Event is presented by proven organization and supported with sufficient
volunteers.
e) Event will build/enhance community.
f) Event meets public purpose expenditure guidelines:
i) promotes the health, safety, and welfare of the city, and
ii) does not have as its primary objective the benefit of a private interest.
g) Events that have previously received approval will be required to provide a recap
of the previous event to include estimated attendance, marketing and economic
benefit.
h) Extensiveness of street closures for event.
316.603 Scheduling: Upon receipt of a complete application the City will tentatively place the
event on the calendar if the requested date(s) are available. Once placed on the
calendar, the event will only be removed if the application is withdrawn or denied.
There is no assurance the City will be able to accommodate future recurring events on
the same or similar dates.
316.604 Grounds for Denial: An event permit may be denied based on any reasonable facts or
circumstances relating to public health, safety and welfare including, but not limited
to, the following:
a) The type of event is not permitted by zoning or other law, statute, rule or
regulation.
b) The location of the community event would cause undue hardship for adjacent
businesses or residents.
c) Another community event has already been approved at the same time requested
by the sponsor or so close in time as to cause traffic congestion, or to create a
situation where the City is unable to meet the needs to provide for law
enforcement and other City services for both community events.
d) The community event is of a size or nature that requires the diversion of too many
law enforcement officers to properly police the event site and contiguous areas,
and/or that allowing the community event would unreasonably deny law
enforcement protection to the remainder of the City and its residents.
e) The time, route, hours, location or size of the community event could cause a
threat to public safety, interference with normal traffic flow, congestion, or
inconvenience to the public.
f) The location of the community event will interfere with previously scheduled
construction or maintenance work.
g) Failure to provide a completed application and fees, or providing false or
misleading information.
h) The sponsor fails to comply with liability insurance requirements or the sponsor's
insurance lapses or is canceled.
i) The sponsor fails to agree to abide or comply with all of the conditions and terms
of the community event permit and this Section.
j) The community event would seriously inconvenience the general public's use of
public property, services, or facilities.
k) The community event would create or constitute a public nuisance.
l) The community event could cause significant damage to public property or
facilities.
m) The event is contrary to the promotion of health, safety, and welfare of the City.
n) The community event would engage in or encourage participants to engage in
illegal acts.
o) The sponsor is a minor at the time of the event.
p) The sponsor hosted a previous event that violated this Section.
q) The sponsor has delinquent fees, charges or other outstanding financial claims
with the City.
316.605 Appeal of Denial:
Any sponsor aggrieved by the denial of an event permit may appeal the decision to
the City Council. Such appeal shall be taken by filing with the City Manager within
ten (10) days after date of denial, a written statement requesting a hearing before the
City Council and setting forth fully the grounds for the appeal. A hearing shall be
held within thirty (30) days of receipt of the request. Notice of the hearing shall be
given by the City Manager in writing, setting forth the time and place of hearing.
Such notice shall be mailed, postage prepaid, to the sponsor at his/her last known
address at least five (5) days prior to the date set for hearing.
316.700 Permit Conditions: The City may attach such reasonable conditions to the event
permit as are deemed necessary to protect the public health, safety and welfare,
including, but not limited to the following:
a) Location and hours during which the event may be held.
b) Sanitation/availability of potable water.
c) Security/crowd management.
d) Parking and traffic issues.
e) Emergency event notification and evacuation plan.
f) Clean-up of premises and surrounding area/trash disposal.
g) Lighting.
h) Fire service/safety.
i) Temporary construction, barricades/fencing.
j) Removal of advertising/promotional materials.
k) Noise levels.
l) Alcohol consumption.
m) Notification of surrounding businesses/property owners regarding street closures
and event related restrictions.
n) Any other conditions which the City deems necessary.
316.800 ADDITIONAL REQUIREMENTS:
316.801 Rules and Regulations: All events are subject to all applicable federal, state and local
laws, rules and regulations.
316.802 Permits/Licenses/Approvals: The sponsor shall obtain all permits, licenses and/or
approvals required by all applicable federal, state and local laws, rules and regulations
for the event including but not limited to liquor licenses, electrical permits and
amplified sound permits.
316.803 Maintenance of public property: The sponsor shall keep the premises in a sanitary
condition; remove all trash during and after the event; and provide adequate portable
toilets if needed. Sponsor shall instruct all vendors about recycling requirements and
shall provide receptacles for collection of recyclables. Sponsor shall be responsible
for repair of any damages to any private or public property resulting from the event.
316.804 Street Closures: Street closures must be approved by the City Manager or his/her
designee in advance. Considerations in determining whether to approve a street
closure shall include but not be limited to: effects on public safety, effects on traffic,
duration and frequency of closures, other events already permitted, and effect on City
services or work.
316.805 Insurance: Sponsor and vendors shall maintain the insurance required by the City for
the event and shall provide proof of such insurance to the City.
316.806 Maintenance of Animals: Sponsor will be permitted to allow cattle, horses, and other
approved animals on the premises for a reasonable period before and after the
particular show or event. The animals shall be maintained in a humane and orderly
fashion so as to not cause a disturbance to the public. Sponsor shall clean up the
premises of any animal waste or feed immediately after the conclusion of the event.
316.807 Waivers: The City may require waivers from participants in any community event. If
such waivers are required the sponsor shall provide them to the City prior to
participation. No person shall be permitted to participate in the event without
providing a signed waiver.
316.900 Responsibility of Sponsor: The sponsor shall be responsible to ensure that the event
activities and participants shall not violate the terms of the event permit or any federal,
state or local law, rule or regulation.
316.1000 Violations or Complaints: Permit violations, nuisance complaints, code enforcement
issues, or violations of any law, rule or regulation attributed to an event may be grounds
for denial of future event permits for the sponsor.
316.1100 Enforcement: Any violation of this Section or of an event permit issued pursuant to
this Section is subject to enforcement by any or all of the following:
a) If it is a violation that affects the public health, safety and welfare, it is hereby
declared a public nuisance, and is subject to all of the enforcement provisions of
Section 605 of the City Code.
b) Any violation is grounds for revoking the event permit or denying future
applications for an event permit.
c) Any violation shall constitute a misdemeanor and may be prosecuted as such.
d) Any violation may result in retention of all or a portion of the deposit.
316.1200 Revocation:
a) The City staff may recommend revocation of an event permit to the City
Manager. The City Manager shall review the recommendation and the reasons
supporting the recommendation and may revoke the event permit. The City
Manager shall provide written notice of the revocation in person or by mail to the
sponsor or a representative of the sponsor. The revocation shall be effective
immediately upon receipt of notice and if the event has not completed it shall
immediately cease operations. The notice shall inform the sponsor of the right to
appeal the decision of the City Manager to the City Council.
b) Any sponsor aggrieved by the revocation may appeal to the City Council. Such
appeal shall be taken by filing with the City Manager within ten (10) days after
date of issuance of the written revocation notice, a written statement requesting a
hearing before the City Council and setting forth fully the grounds for the appeal.
The City Manager may, in his or her sole discretion, stay the revocation of the
event permit pending the appeal. A hearing shall be held within thirty (30) days
of receipt of the request. Notice of the hearing shall be given by the City
Manager in writing, setting forth the time and place of hearing. Such notice shall
be mailed, postage prepaid, to the sponsor at his/her last known address at least
five (5) days prior to the date set for hearing.