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HomeMy WebLinkAbout4H - Outdor Concert Fees ! CONSENT#: PREPARED BY: SUBJECT: DATE: BACKGROUND: DISCUSSION: ISSUES: STAFF AGENDA REPORT 4 (h) ~' FRANK BOYLES, CITY MANAGER WAIVER OF APPLICATION FEE AN CURITY DEPOSIT FOR OUTDOOR CONCERT SEPTEMBER 20,1993 The Prior Lake City Code, Title 3 provides that outdoor concerts or music events which include live music and 50 or more participants may take place only after a permit has been granted by the City Manager following a background investigation by the Police Department. This request is for the waiver of fee and security deposit. The Wind Song Home Owners Association, through its Board of Directors, has requested that the City authorize the waiver of the permit fee ($200) and security deposit ($225) for an outdoor concert scheduled to occur on September 30. The Association has provided a complete application form as required by ordinance. The Police Department has done a thorough background check of the applicant and finds no reason for denial of the permit. The primary issue before the City Council is whether or not a home owners association constitutes a community association under the City code. It is entirely likely that the Wind Song Home Owners Association or other associations will approach the Council in the future for a similar waiver. In evaluating this request, the Council should keep in mind that the original ordinance provisions were drafted in response to requests by commercial establishments, Le. B & D Bar, McWillies and others for outdoor concert permits. The ramifications of these events can sometimes be substantially more severe than an association party. -1- 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 Al', EQUAL OPPORTUNITY E..\1PLDYER ,/ The key controlling factor here is a completed application which shows who is responsible for the event so that police officers are able to contact the responsible party in the event of problems. RECOMMENDATION: I recommend that the City Council authorize the waiver of fees for this particular outdoor concert event. In fact it may be useful for the City Council to monitor for a one year period the number of requests of this nature which are received. At the end of that time the City Council could elect to no longer authorize such waivers, revise the fee structure to provide a means of recouping city costs by adopting a lesser permit fee for non commercial outdoor concerts, or revise the definition of concert to a higher threshold which would allow events such as the one described above to take place without the necessity of a permit, background check or fee waiver. ALTERNATIVES: The Council has the following alternatives: 1 . Approve the waiver as requested recognizing that similar waivers will be considered for the next year as an experiment to determine what changes, if any, should be made to the City code in this regard. 2. Take no action or require that full fees and deposits be made. ACTION REQUIRED: Motion as part of the consent agenda to approve alternative 1. AGN4HWRT -2-