Agenda Packets - 2010/08/02 - Laserfiche WebLink

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Item No: 5 Meeting Date: Aug 2, 2010 Type of Business: Work Session City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Discuss Request of Moe’s to Conduct an Outdoor Event in Conjunction with the Festival in the Park Introduction: Jeff Moritko, owner and operator of Moe’s, located at 2400 County Road 10, addressed the City Council at a recent meeting, asking whether the City would allow him to have an outdoor event in conjunction with the Festival in the Park on August 21, 2010, and end the event at 11 pm. Background: Moe’s has held outdoor events in its parking lot for the last four years. The events usually include food and alcohol sales, activities, tents and live, amplified music. Billed as neighborhood, customer appreciation events, the staff at Moe’s hand delivers flyers to homes within a wide radius of the property, alerting and inviting neighbors to the outdoor event. The music is directionally amplified away from the residential areas to the south. During this time, there have been very few complaints about the music. This year, in addition to the annual customer appreciation event held in June, Mr. Moritko plans to hold a summer block park in conjunction with Mounds View’s Festival in the Park, and would like to end the music at or before 11 pm, after the fireworks have concluded. Discussion: The City generally prohibits noise outdoors between the hours of 10 pm and 7 am. (Refer to Section 607.08 of the City Code, attached, for the regulations pertaining to “noise” in Mounds View.) Specifically, Section 607.08, Subd 2 addresses nighttime noise as follows: “No person shall, between the hours of ten o'clock (10:00) P.M. and seven o’clock (7:00) A.M., participate in any loud party or gathering of people from which noise emanates of a sufficient volume as to disturb the peace, quiet or repose of persons residing in any residential area.” While the above requirement is intended to address parties held in homes, certainly by extension the same requirements can be applied to a commercial property, if the sound or noise is of such a volume to be disturbing the peace and comfort of any person residing in a residential district. The challenge with this lies in the enforcement and the judgment of the responding officer to determine whether the noise constitutes an unreasonable nuisance.