HomeMy WebLinkAbout4 - McWillies Outdoor Concert Application
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Joe Speakman Invites You To
The 1st Anniversary Dance of.
Shake, Rattle n' Roll
.., *
PRODUCTIONS
Proudly Presenting:
.. stars
cler tne
, 0 u\l
Da\lCl\l~
THE HiTOPS
. Friday, June 28th
at Me Willies on the Lake
Prior Lake, MN
From 8:00 - 12:00
Admission: $6:00
* * liMITED PARKING AT McWlLlIES!!
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Please park at Priordale Mall Hwy 13 & Duluth Ave. t'o~' ~~.~
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Look for signs. Two shuttle vans will be leaving \~e 0'- /
. . 7 30 ~\o\ ~1'i C,
every 5 mm. startmg at : . ~o ~\~~ /
Prior Lake Police gave out 46 parking tickets last year, \{o~ {eo'- f
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please park at the Mall. Thank You. \e" ...,0'9
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Hwy 13 South to Duluth Ave.
Park in the Mall Lot
A Romantic Walk along the beach
Watch the sunset over beautiful Prior Lake
5-17-91
For further details or information contact: Joe Speakman at 322-1899.
!
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
"CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991"
4
DAVID J. UNMACHT, CITY MANAGER
CONSIDER OUTDOOR CONCERT APPLICATION OF
SHAKE, RATTLE AND ROLL PRODUCTIONS FOR
MCWILLIES RESTAURANT
MAY 20, 1991
Joe Speakman, Shake Rattle and Roll Productions
(SRRP) has made application to the City of
Prior Lake to conduct an outdoor concert at
McWillies on Friday, June 28, 1991. The
purpose of this item is to consider two items
on this application. 1) Consider whether or
not to approve the application, and 2) Consider
whether or not to grant an exception to the
hours of operation for a Friday concert.
Speakman will be present to address the
Council.
This is the second outdoor concert application
for McWillies. SRRP was involved in the
outdoor concert which occurred on Friday, June
29, 1990. This outdoor concert created parking
problems which resulted in a disturbance among
the neighborhood. At that time, several
Councilmembers requested that if a future
outdoor concert application from Mcwillies is
requested it should be brought before the City
Council for approval.
The application for the outdoor concert permit
presented b~ Joe Speakman has addressed the
problems WhlCh were created as a result of the
1990 concert. Speakman has made a concentrated
effort to conduct a responsible event.
Speakman has arranged for shuttle busses to
transport individuals from the priordale Mall
parking lot to McWillies to avoid the parking
problems which occurred in 1990. To this end,
Speakman deserves credit for attempting to
avoid similar problems in 1991.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 I Fax (612) 447-4245
An Equal Opportunity Affirmative Action Emplo!,'er
ALTERNATIVES:
RECOMMENDATION:
The second request of the applicant is to
extend the hours of the Friday concert from
11:00 p.m. to 12:30 a.m. Please note in the
attached outdoor concert ordinance that hours
are limited as per city Code Section 3-12-7.
Speakman is requesting that either an exception
be made to this Ordinance or an Ordinance
amendment occur to provide for further playing
time on Friday evening. Staff does not recall
the exact reasons why the 11:00 p.m. curfew was
proposed for Friday and a 12:30 a.m. was
allowed for a Saturday. We suspect this was
simply to curtail the noise resultin9 from
outdoor concerts after a reasonable per10d of
time.
The alternatives are as follows:
1.
Approve the
application of
Roll Productions
hours.
outdoor concert
Shake, Rattle and
with no change in
2. Approve the outdoor concert
application of Shake, Rattle and
Roll Productions with an exception
to Ordinance Section 3-12-7 allowing
for an extension of time for the
band to play until 12:30 a.m.
3. Approve the outdoor concert
application of Shake, Rattle and
Roll Productions and direct staff to
begin an ordinance amendment to
change the curfew hours for Friday
concerts.
4. Do not approve the outdoor concert
application.
5. Table this matter for a specific
reason.
This issue needs to be reviewed in two parts:
the first is the outdoor concert application
itself. Staff recommends that the outdoor
concert application be approved contingent upon
the fee being paid and the Certif1cate of
Insurance provided. Staff believes that Joe
Speakman has made a sincere effort to avoid any
parking problems for this year's event. Also,
very few, if any, noise complaints occurred
as a result of the 1990 concert.
2
The second request of Mr. Speakman will most
likely fall along the lines of the Council's
discussion and disagreement on the outdoor
concert activity itself. staff does not know
why the band was allowed to play until 12:30
a.m. the first year. It certainlr was an
oversight. We've learned a lot S1nce that
event and are more careful in processing
applications. However, this does not provide
the impetus for allowing the band to play until
12:30 a.m. in this year's application. Hence,
the request of Mr. Speakman.
Staff does not believe that an exception should
be made to the ordinance. If the Council
wishes to provide for an extension of hours on
Friday evening, it should be done through an
ordinance amendment process. Providing an
extension for one individual would set an
unnecessary precedent. Staff does not have a
problem with providing an extension for hours
on Friday from 11:00 p.m. to 12:00. Since the
ordinance has been in effect most events have
been held on Saturday and have been granted
approval through at least midnight and
sometimes through 12:30 a.m. It has been our
practice recently to discourage any concert
from extending beyond 12:00 midnight - even on
Saturdays.
ACTION REQUIRED: Action will depend upon Council discussion.
3
OUTDOOR CONCERT APPLICATION
Date of submission:j II~ 1'1
(Please Print or Type below information)
*The following information is the person, group or entity
responsible for the sponsorship of the event.
Name: ~-;Oe ~~M (11 AN ,3 ~J~ ~C{+t- Ie ~ ( tfo II /kjuc/-rCIVts
Address: ~~ J L( Ec l~{j lA-N ~
City ~fll'" Ut(/~
Telephone Number: Day( ) ...y~OJ- 4/~d)1, Night(
, state '}-y1 N
, Zip C::;S;lc9L(
)~-)%99
---------------------------------------------------------------
---------------------------------------------------------------
*The following information is the person who represents the
musical group involved.
Name: -:;;; I-I-A/ ~/'tA -1"'Yl rYl
Address: qOo-,lY h/{A--NGE Av-e.~.
City I? Obb'/J3~/~ , state ,?YJ/I/ , Zip S--.s-v-c7ld
Telephone Number: Day ( ) S- 35--<9399 Night ( ~
----------------------------------------------------------------
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The date(s) and time(s) of the
~ -rf1
Date: J~ (;<1 -, /71 /
~.
event:
Time: To/"...(-'.30
From f:.5 t ,tJ~
,
Date:
Time: To '~~
Time: To ~Fro~
--------
Date:
An estimated number of people in attendance:
# /;/6?() Day One
# ~ Day Two
The number of musicians who will perform at the event:
# S-
If different for additional days please provide information.
~
The type of music and the method !f amplification:
Type of Music: ntJc/( n' <<t!J// L S() ~ ~' {;()5_
/
Method of Amplification: ff.t-L'~~ r~" ~~
steps taken to minimize noise and nuisances:
U ~ l-~ I~T ~ &~~ ?t' .-d7J.,' ~ Jf';;CJ
AtL~-e.a-
*The following information is the Sound Technician who will
operate the sound panel controllin the lou ness if the music
is to be electrically amplified.
Name:
~ ! OfJf--CC
Address: dot; / I;). - 03 - 6"3 7'1/8 G~2LdIJO rLO. -iF ~
~ /1 tYl ifU.AJ OS Ut -/ I J
city X ~1Jy , state /'-Y1N. , Zip ~'"3 It?<..
Telephone Number: Day ( } 1'iCc,-037a Night ( ) 7f'{p-~39S
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ADDITIONAL REQUIREMENTS
I, ~X~~~C,lv~- said property owner/tenant of
pro#ty locate at =3"l')C...oA~~~r;., ')tc... , Prior Lake Minnesota
do hereby give my written cons nt to hold an Outdoor Concert on
above stated property in accordance with the City of Prior Lake
Outdoor Concert Ordinance 88-03.
;,~ c;:{::/;;Ji~L,L-
/j Signature
t./
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Date
I, ~ ~ 4.Lte:&~ agree to defend, hold harmless and
ind~ify the City, its employees, agents and officers, against
all claims, demands, actions or causes of actions of whatsoever
nature of character arising out of or by reason of the conduct of
the outdoor concert, which agreement shall also provide for the
repair of or payment for damages to public property.
(If more than 1 applicant)
D~e
3~9 i/
Date
Check Only if Received
Fee:
Date: / /
Certificate of Insurance:
Date: / /
TH~
&Farmers Insurance Group OFCOMPANIES
JOSEPH J. SPEAKMAN AGENCY
4651 Nicols Rd., Suite 204
Eagan, Minnesota 55122
Bus: (612J 452-4426
Res: (612) 452-6924
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3-12-1
3-12-2
CHAPTER 12
OUTDOOR CONCERT ORDINANCE
SECTION:
3-12-1:
3-12-2:
3-12-3:
3-12-4:
3-12-5:
3-12-6:
3-12-7:
3-12-8:
3-12-9:
Definitions
Licensing
Exemptions to Licensing
Additional Requirements
Hearing
Decibel Level
Hours
Future Concerts
Penalty
3-12 -1: DEFINITIONS: An outdoor concert is any gathering of fifty (50) people
or more in one outdoor location to listen to a concert of some type of
musical entertainment, A person is an individual, partnership, association, corporation
or other organizational entity.
3-12-2:
LICENSING:
(A) No person shall conduct an outdoor concert or music event without first
obtaining a license from the City Manager,
(Bl The applicant shall make application on a form supplied by the City Manager
and furnish the following information to the City thirty (30) days prior to the
date of the event:
1 The name, address and phone number of the person, group or entity
responsible for the sponsorship of the event;
2. The name, address and phone number of the person who represents the
musical group involved;
3. The date(sl and time(s) of the event;
4. The number of mUSicians who will perform at the event;
5. The type of music and the method of amplification;
58)
3-12-2
3-12-6
Bl 6, The steps taken to minimize noise and nuisances; and
7. The name, address and phone number of the sound technician who will
operate the sound panel controlling the loudness If the mUSIc is to be electncally
amplified.
3-12-3:
EXEMPTIONS TO LICENSING The licensing reqUirements of this Chapter
shall not apply to any outdoor religiOUS ceremony or any outdoor concert
or mUSIc event sponsored by the City or the Prior Lake School District.
3-12-4
ADDITIONAL REQUIREMENTS
(A) All applications shall be accompanied by the wntten consent of the property
owner or 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.
(B) All applications shall be accompanied by evidence satisfactory to the City that
the City is protected under an Insurance policy against all liability or claims which
might anse out of the holding of the concert.
(C) All applications shall be accompanied by a written agreement by the person
or persons seeking the license that he, she or they will defend, hold harmless
and indemnify the City, its employees, agents and officers, against all claims,
demands, actions or causes of actions of whatsoever nature or character arising
out of or by reason of the conduct of the outdoor concert, which agreement
shall also provide for the repair of or payment for damages to public property.
(0 I All applications submitted to the City for approval shall be accompanied by
payment of a license fee as determined by the City CounCil Concerts or mUSical
events organized by nonprofit organizations such as religiOUS organizations or
community associations may have the fee waived If permiSSion IS granted by
the City Council
3 - 12- 5: HEARING: In the event the City Manager denies a license to an applicant.
the applicant may request a heanng on the application before the
City Council Upon hearing, the City Council may In its discretion grant or refuse to
grant the issuance of a license subject to such conditions as It may deem necessary
and expedient for the protection of the health, safety and general welfare of the City.
3 - 1 2 - 6: DECIBEL LEVEL: Outdoor concerts shall not exceed a decibel level of
sixty five (651 decibels at a distance of one hundred feet (100') from
the concert site. The Prior Lake Police Department shall monitor the decibel level. In
the event the maximum decibel level is exceeded, the Prior Lake Police Department
shall revoke the license and the person shall immediately discontinue the concert or
music event,
888
.
3-12-7
3-12-9
3 -12 - 7: HOURS: No outdoor concert shall commence before eight o'clock (8:00)
A,M. nor continue after eleven o'clock (11 :00) PM. Sunday through
Friday, The eleven o'clock (11 :00) P.M. curfew may be extended to twelve thirty o'clock
(12:30) A.M, on Saturdays with the approval of the City.
3 -12 - 8: FUTURE CONCERTS: Any person who had previously been licensed
pursuant to the provisions of this Chapter may be denied a license
for a subsequent outdoor concert in the event of Violations of the provisions of this
Chapter at prior concerts,
The maximum number of licenses to be issued to any person will be for two (2) one-
day concerts within a twelve (12) month time pefiod,
Any person who has been denied a license by the City Manager based upon prior
violations of the Chapter at a previously licensed outdoor concert, may appeal the City
Manager's decision to the City Council. In addition, additional requests by the same
person for the issuance of licenses for additional outdoor concerts exceeding the
maximum permitted by thiS Section may be made to the City Council.
3 - , 2 - 9: PENAL TY: Any person who violates any prOVision of this Chapter or
who violates any condition or requirement of a license issued
pursuant to this Chapter shall be informed that they must immediately discontinue the
concert and the license shall be revoked. Any person who violates the provisions of
this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine of not more than seven hundred dollars ($ 700,00) and/or
imprisonment in the County jail for not more than ninety (90) days, plus the costs
of prosecution In either case. (Ord, 88-3, 6-20-88)
888