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HomeMy WebLinkAbout9B Noise Ordinance Amendment Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 05, 2018 AGENDA #: 9B PREPARED BY: FRANK BOYLES, CITY MANAGER PRESENTED BY: FRANK BOYLES AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDMENT TO SECTION 316 OPF THE PRIOR LAKE CITY CODE RELATING TO NOISE GOAL AREA AND OBJECTIVE: Public Safety 2. Enhance partnerships with the community and public safety entities. Environmental Stewardship and Recreation 3. Develop recreation opportunities and park amenities for all stages of life and interests. DISCUSSION: Introduction The purpose of this agenda item is to request that the city council consider an amendment of the Prior Lake City Code which will allow for community event sponsors to attract artists of national prominence while affording reasonable protection to others who elect not to participate in such events who live near the park. History Lakefront Days and the Lakefront Music Fest have been an annual tradition in the community for decades. Both are considered jointly sponsored by the city and a non-profit group—The Chamber in the first place and Rotary in the second. Both provide for two nights of music each year. This year’s Music fest is the tenth annual and accordingly the Prior Lake Rotary is seeking to secure a music groups which will attract larger audiences. In the process they have learned that the higher profile bands require in their contracts a provision which allows them to play their music more than 100 db as measured at the front of house (about 100 feet in front of the stage). The reasoning is that the music was written for this volume and best reflects the intended sound when played at this level. Current Circumstances Both Lakefront Days and Lakefront Music Fest are regulated by Prior Lake City Code. More specifically, each event is considered a community event. A community event permit is required for each event. ISSUES: FINANCIAL IMPACT: ALTERNATIVES: Our present community event permit restricts noise to no greater than 65db as measured at the property line of the park (Ridgemont Avenue). There are no exceptions allowed. As presently written the ordinance precludes Rotary from contracting with a higher profiles band. Attached is an e-mail from Bill Magann who is the Prior Lake Rotary Club Buying Agent for Lakefront Music Fest. The e-mail confirms that the current city noise limit of 65db at the property line means that the sound level at front of house is 90 to 95 db. Most acts prefer to play at 102 to 105db at front of house. The higher caliber artists require this level and since they are popular will tend to choose not to play at venues which allow less than this. The proposed ordinance amendment (attached) provides that a non-profit sponsor hosting an annual event which lasts two days, benefits the community, expects at least 5000 people and has occurred at least twice may apply for a noise level not to exceed 78db which equates to 100db+/- at front of house. The city manager may approve or deny the request taking into consideration the sponsoring group’s previous events, location of the event and noise mitigation provided. Any noise level so approved is not considered a public nuisance as set forth in Prior Lake City Code 605. Under the provisions of this amendment only Lakefront Days and Lakefront Music Fest would qualify for the higher noise limit. This is intended as a safeguard so that not every musical event, public or private, can utilize this provision. The ordinance is intended to assist non-profit organizations as they are more prone to use their revenues to assist the community rather than a private for profit. Finally, the approval is discretionary considering past performance as well as actions to be taken by the sponsor to mitigate the added noise. There is no additional cost to the city associated with the ordinance amendment. The city monitors noise levels at such events now. We will continue to do so but only as a different level of calibration. 1. Motion and second to adopt the ordinance as proposed or with amendments. 2. Motion and second to direct the staff to prepare additional information for city council consideration on this topic. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. _________ AN ORDINANCE AMENDING SECTION 316 OF THE PRIOR LAKE CITY CODE RELATING TO NOISE AND ADOPTING BY REFERENCE CITY CODE SECTION 104; WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS: Section 1. City Code Section 316 is amended by deleting subsection 316.808 in its entirety and replacing it with the following: 316.808 Noise: In no circumstances shall the event exceed a noise level of 65 decibels as measured at any lot line of the property on which the event is held (as “lot line” and “property” are defined in City Code Section 1101.400); except that a non-profit sponsor, hosting an annual event which lasts at least two days, benefits the community, expects to host at least 5,000 people and has occurred at least twice, may apply for a higher noise level not to exceed 78 decibels measured as set forth above. The request for a higher noise level shall be included in the event permit application and the approval of the higher noise level may be approved or denied in the sole discretion of the City Manager, taking into consideration the sponsor’s previous events, location of the event and any noise mitigation provided. If a higher noise level is approved in the event permit, noise up to the approved level consistent with the event permit shall not constitute a public nuisance pursuant to City Code Section 605. Section 2. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective upon its passage and publication. Passed by the City Council of the City of Prior Lake this 5th day of November 2018. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kirt Briggs, Mayor Published in the Prior Lake American on the 10th day of November 2018. To the Prior Lake City Council, I represent the Prior Lake Rotary Club as buying agent for their Lakefront Music Fest, and would like to share a little information regarding how the music industry looks at sound levels. I have over 40 years of experience in the entertainment business booking shows for clients, and book more than 150-200 shows per year. It's my understanding that at the Lakefront Music Fest, the City of Prior Lake's current sound ordinance calls for 65dB at the property line which, based on past years, equates to between 90-95d8 at the Front of House (the area where the sound is mixed for all acts about 100 feet from stage). ln my experience through discussions with artists, artist management and technical managers of acts, this level is well below normal. Most acts prefer to play in the 102-105d8 range at Front of House. And, as you get to a higher caliber of artist, they require this level ofsound. These artists have enough offers from around the countrythat they will simply choose not to play at venues that can't support this level of sound. Over the past six months that l've worked with the Prior Lake Rotarians, I see a group of people that want to make the Lakefront Music Fest as successful as possible, which happens with the best artists available. Based on my experience, the Lakefront Music Fest cannot become a sought-after venue for high quality artists without an increased level of acceptable sound. With respect, From: Bill Magann <bmagann@varietyattractions.com> Date: Wed, Oct 31, 2018 at 2:53 PM Subject: LAKEFRONT MUSIC FESIIVAL/PRIOR LAKE, MN SOUND ORDINANCE To: Kyle Haugen <ikvlehauqen(asmail.com>, Dan Stanley <dsta nlev@stanleva ndwencl.com> october 31, 2018 BILL MAGANN Senior Talent Broker VARIETY ATTRACTIONS, INC P O Box 3330 Zanesville, OH. 437 02-3330 740.453.0394 - office 740.607.8837 - cell 740.453.4087 - office fax www. varietvattractions. c om CONFIDENTIALITY NOTICE: The material in this email transmission contains information that is private, confidential, or is protected by the attomey-client or work product doctrines, and is intended only for the use of the individual(s) named herein. If you are not the intended recipient, be advised that unauthorized use, copying, distribution, or the taking of any action in relience on this information is strictly prohibited. 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