HomeMy WebLinkAboutPlanningCommissionPacket_13-0122workshop
Falcon Heights Planning Commission Workshop
City Hall
2077 W Larpenteur Ave.
7:00 p.m.
AGENDA
January 22, 2013
Due to postponement of formal action items,
this meeting is canceled.
WORKSHOP AGENDA
7:00 p.m.
This workshop is open to the public.
1. Workshop: Special Event Ordinance
The Commission will review the draft ordinance provided by the City
Attorney to determine readiness for a public hearing.
If you have a disability and need accommodation in order to attend this meeting, please
notify City Hall 48 hours in advance between the hours of 8:00 a.m. and 4:30 p.m. at
651-792-7600. We will be happy to help.
REQUEST FOR PLANNING COMMISSION ACTION
Families, Fields and Fair
__________________________
The City That Soars!
Description The Commission will review the draft of a special event ordinance provided by the
city attorney.
Background
In 2012, at the request of the City Council, the Planning Commission studied the
possibility of creating an ordinance to allow certain events by special permit.
Stout’s Pub, Dino’s and the Coffee Grounds were represented at a September 25
workshop, when they outlined their event ideas and proposals in detail for the
Commission. Based on this input, the Commission’s study of other city ordinances
and discussion over multiple workshops, the Commisson requested a draft for an
ordinance from the City Attorney.
If substantial revision is not required, the Commission’s plan is take input from the
public at a hearing on this ordinance in February. This should allow time for the
Commission and Council action and implementation of a permitting process before
the summer season.
Budget Impact None at this time
Attachment(s) Draft special event ordinance
Staff recommends that Commissioners bring for reference the materials that
have been distributed in 2012 workshop packets on this topic for reference,
especially the preliminary draft from November and model ordinances provided
earlier for study. Please let staff know if new paper copies are needed.
Action(s)
Requested
Review the draft ordinance for errors and omissions. Confirm plan for February
hearing.
Meeting Date January 22, 2013
Agenda Item Workshop
Title Special Event Ordinance (Continued)
Submitted By Deborah Jones, Staff Liaison
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ORDINANCE NO. ____
CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 113 OF THE
CITY CODE CONCERNING SPECIAL EVENTS
THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS:
SECTION 1. Section 113-3 of the Falcon Heights City Code is amended by adding the
following definitions:
APPLICANT means any individual, partnership, corporation, association, society or
group seeking and/or receiving a special event permit from the City.
OUTDOOR means activity conducted outside of a permanent structure or building.
PERSON means any person, association, partnership, firm, business trust, corporation or
company.
SPECIAL EVENT means any temporary, outdoor privately-sponsored event open to the
general public and held on privately owned property except:
(1) Any permanent place of worship, stadium, athletic field, arena, theatre,
auditorium;
(2) Any event conducted on the campus of the University of Minnesota or the
grounds of the Minnesota State Fair;
(3) Special events or activities sponsored by the City;
(4) Family gatherings, including family reunions, graduation parties, baptisms,
confirmations, weddings, wedding receptions, funerals and funeral processions;
(5) Garage sales and residential boutique sales as regulated in Section 113-174;
(6) Block parties and neighborhood meetings;
(7) Any event attended by fewer than 200 persons at one time which does not require
any Special Services and does not involve the sale of alcohol;
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(8) Any event that is otherwise regulated by the City through the use of another
regulatory manner, such as an interim use permit or conditional use permit; and
(9) The use of traditional public forums as alternative channels of communication by
the public, provided that such use is for the free exercise of constitutionally
protected activities and does not disrupt or interfere with traffic on public streets
or the use of public places by other members of the public.
SPECIAL SERVICES means the exclusive allocation of City resources, including, but
not limited to, city personnel, equipment, rights-of-way, property or facilities for use in
conjunction with a specific event or activity, as requested by the host or sponsor of the
event, or as requested by or on behalf of any person attending the event, or deemed
necessary by City staff in order to maintain public safety. Special Services shall include,
but not be limited to, any of the following: street closures; requiring police officers to
stop or reroute traffic; special police protection; stationing emergency vehicles at or in
the immediate vicinity of the event; exclusive use of City streets as a staging area or for
event parking; additional street cleaning and garbage removal services; special signage,
such as temporary no parking signs; the use of any City building, equipment or other
property for any purpose other than the normal daily operations of the City; or the City
otherwise providing exclusive services.
SECTION 2. Chapter 113 of the Falcon Heights City Code is amended by adding
Article VI, Division 4 to provide as follows:
DIVISION 4 SPECIAL EVENTS
113-400 PURPOSE AND INTENT.
The purpose of this Division is to promote the orderly, compatible and safe use of
property for special events and to assure adequate provision of parking, traffic, sanitary
facilities, utilities, peace and tranquility of residential neighborhoods and safety services.
113-401 PERMIT REQUIRED.
No person on or after the effective date of this Division shall conduct or allow to be
conducted any special event as defined in this Division without first obtaining a special
event permit. No special event may be scheduled during the Minnesota State Fair or for
one week prior and one week following the Minnesota State Fair.
113-402 PERMIT STANDARDS.
The following standards shall apply to all special events:
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(1) Maximum Number of People. The permitee shall not sell tickets to nor permit
attendance at the permit location of more than the maximum number of people
stated in the special event permit.
(2) Sound Equipment. Sound producing equipment, including but not limited to
public address systems, radios, phonographs, musical instruments and other
recording devices, shall not be operated on the premises of the special event so as
to be unreasonably loud or be a nuisance or disturbance to the peace and
tranquility of the citizens of Falcon Heights
(3) Sanitary Facilities. In accordance with Minnesota State Board of Health
regulations and standards, adequate sanitary facilities must be provided which are
sufficient to accommodate the projected number of person expected to attend the
event.
(4) Security. The permitee shall employ at his or her own expense such security
personnel as are necessary and sufficient to provide for the adequate security and
protection of the maximum number of persons in attendance at the special event
and for the preservation of order and protection of property in and around the
event site. No permit shall be issued unless the City’s Police Chief is satisfied
that such necessary and sufficient security personnel will be provided by the
permitee for the duration of the event.
(5) Food Service. If food service is available on the premises, it shall be offered only
by a holder of a retail food handler’s license issued by Ramsey County Health
Department.
(6) Fire Protection. The permitee shall, at his or her own expense, take adequate
steps to insure fire protection as determined by the City Fire Chief.
(7) Duration of Special Event. Special events are allowed only on the days and hours
specified on the permit. Special events must end by 9:00 p.m. and may not
commence before 7 a.m. All structures, equipment, displays and refuse must be
removed within twenty-four (24) hours of the end time and date specified on the
permit. An event may not exceed two (2) consecutive calendar days and not
more than one (1) special event is allowed on a property at a time. There shall be
no more than three (3) special events per calendar year per property. However,
each tenant in a multi-tenant building shall be permitted one (1) special event per
year. Multi-tenant buildings with less than five (5) lease-spaces shall be
considered as a single property for purposes of this provision. Setting up for the
event may commence not more than twenty-four (24) hours before the time and
date specified on the permit.
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(8) Cleanup Plan. The special event applicant is responsible for clean up. Any clean
up required by the City may be charged to the applicant. Any City service that
requires overtime will be at the expense of the applicant.
(9) Accessory use. The special event must be accessory to or promoting the
established permitted or conditional use of the site.
(10) Structures. Tents, stands, and other similar temporary structures may be used,
provided they are clearly identified on the submitted plan and provided that it is
determined by the City Administrator that they will not impair the parking
capacity, emergency access, or the safe and efficient movement of pedestrian and
vehicular traffic on or off the site.
(11) Parking. The submitted plan shall clearly demonstrate that adequate off-street
parking for the proposed event can and will be provided for the duration of the
event. Determination of compliance with this requirement shall be made by the
City Administrator, who shall consider the nature of the event and the applicable
parking requirements of Article VI, Division 2 of this Chapter. Consideration
shall be given to the parking needs and requirements of other occupants in the
case of multi-tenant buildings. Parking on public right-of-way and streets is
prohibited; except that parking on local streets may be allowed on Saturday and
Sunday only, provided that the petitioner arranges for traffic control by authorized
enforcement officers, as approved in writing by the Police Chief, at the
petitioner’s expense. If off-street parking on private property not owned by the
applicant is to be used for the event, written approval from that property’s owner
must be submitted with the permit application.
(12) Signage. Signage related to the special event shall be in compliance with the
temporary sign standards of Article VII of this Chapter and shall be allowed for
the duration of the event. The City Administrator may authorize special signage
for purposes of traffic direction and control; the erection and removal of such
signage shall be the responsibility of the applicant.
(13) Display of Permit. The approved permit shall be displayed on the premises for the
duration of the event.
(14) Waiver. The City Administrator may grant a waiver from the requirements of this
Division in any particular case where the applicant can show that strict
compliance with this Division would cause exceptional and undue hardship by
reason of the nature of the special event or by reason of the fact that the
circumstances make the requirement of this Division unnecessary. Such waiver
must be granted without detriment to the public health, safety or welfare and
without impairing the intent and purpose of these regulations.
(15) Insurance. Before the issuance of a permit, the permitee shall obtain public
liability insurance and property damage insurance with limits determined by the
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City Administrator. Such insurance shall remain in full force and effect in the
specified amounts for the duration of the permit. Evidence of insurance shall
include an endorsement to the effect that the insurance company will notify the
City Clerk in writing at least ten (10) days before the expiration or cancellation of
the insurance.
(16) Miscellaneous. Prior to the issuance of a permit, the City Administrator may
impose any other conditions reasonably calculated to protect the health, safety and
welfare of persons attendant or of the citizens of the City of Falcon Heights.
113-403 APPLICATION PROCEDURES.
A written application for a special event permit shall be filed on forms provided by the
City with the City Clerk not less than thirty (30) days before the date proposed for
holding the special event. The written application shall be signed by the person, persons,
or parties conducting the event and shall be accompanied by the fee payable hereunder.
Upon submission of an application for a special event permit, City Staff will review the
request and advise the applicant of the need for additional information, if any.
113-404 FEES.
The fee for a special event license shall be as established by the City Council.
113-405 GRANTING A PERMIT.
Permits shall be issued by the City Administrator if the Administrator determines the
requirements of this Division have been met. If the City Administrator determines the
activity dies not meet these criteria, such application shall be denied.
113-406 DENIAL OF PERMIT.
If the City Administrator denies the permit, the permit applicant may appeal the decision
to the City Council by filing a notice of appeal with the City Clerk within ten (10) days.
113-407 TRANSFERABILITY.
No permit granted under this Division shall be transferred to any other person or place
without consent of the City Administrator, upon written application made therefore.
113-408 ENFORCEMENT AND PENALTIES.
(a) The Police Department and other such officers, employees, or agents as the City
Council or City Administrator may designate, shall enforce the provisions of this
Division.
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(b) The holding of a special event in violation of any provision of this Division shall be
deemed a public nuisance and may be abated as such.
(c) Any person violating any provision of this Division is guilty of a misdemeanor and
upon conviction shall be subject to the penalties set forth in Minnesota Statutes.
113-409 REVOCATION OF PERMIT.
The permit for a special event may be revoked by the City Administrator for failure to
comply with the provisions of this Division and conditions of the permit. The revocation
may be appealed to the City Council by filing a written notice of appeal within ten (10)
days of the revocation with the City Clerk.
ADOPTED this ______ day of _______________, 2013, by the City Council of Falcon
Heights, Minnesota.
CITY OF FALCON HEIGHTS
BY: _______________________________________
P e t e r L i n d s t r o m , M a y o r
ATTEST:
__________________________________________
Justin Miller, City Administrator/Clerk