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HomeMy WebLinkAbout02-10-2020 Council Work Session PacketOrono City Council Work Session Monday, February 10, 2020 Council Chambers 5:00 p.m. AGENDA 1. Maintenance of Three Rivers Park District Trails 2. LA19-000063 – City of Orono Text Amendment Related to Special Events Annual Discussions Timeframe: • Budget: Part of June, All of July, August and October. • City Administrator & Police Chief Update (3 times per year for 15 minutes) January 27, 2020 • Office Hours Discussion January 13, 2020 • Discussion of LA19-000063 – Special Event Ordinance • Parks Commission Tenures CITY OF ORONO MEMORANDUM DATE: February 10th, 2020 TO: Orono City Council FROM: Adam Edwards, P.E., Public Works Director / City Engineer RE: Maintenance of Three Rivers Park District Trails 1. Purpose. The purpose of this memo is to provide background information for discussion of the City taking on the responsibility for winter maintenance of Three Rivers Parks District Trails. 2. Background. Periodically the City received requests for residents and groups to perfume winter maintenance on the regional trail systems; in particular the Dakota Trail. The City’s position has been that regional assets should be maintained by the regional body responsible for them. In previous years Orono and our neighboring communities have declined to accept winter maintenance responsibility for the regional trail system within the City. (See attached newspaper articles) However the City has historically maintained the trail along Old Crystal Bay Road from Wayzata Blvd and to CR6 as it functions as a side walk. Every three years Three Rivers Park District asks each city along its regional trails to respond as to whether the city wishes to authorize winter use of the trail segments within their communities. Acceptance requires that the city accept responsibility for maintaining the trails including but not limited to plowing, sweeping, sanding, trash removal and sign placement from November 15th to March 31st. The District also requires that the city provide a Certificate of Insurance. In 2018 Three rivers park district piloted a program offering cities $500/mile for cities to maintain park district trails in the winter. 3. Regional Trails Description. Three Rivers Regional Trails within Orono include (6.4 total of miles): a. The Dakota Regional Trail is a bituminous surfaced trail which goes through Orono East to West for 3.5 miles to the north of Shoreline Road from Wayzata to Minnetonka Beach and then from Minnetonka Beach to Spring Park. b. The Lake Independence Trail is 2.9 miles of bituminous surfaced trail which connects the Luce Line Trail to Starkey Road and then Baker Park following Old Crystal Bay Road North and then CSAH 6 West. 4. Cost. Maintaining the Regional Trails (6.4 Mi) for 5 months each year for snow removal would cost approximately $7808 in labor and equipment. (20 snow or ice events *6.4 miles * 1 hr/mile hrs to travel, plow, sweep and then touch up *($45/hr in labor + $16/ hr in equipment)) 5. Funding. Three Rivers could provide up to $3200 per year. The remaining $4608 would have to come from the General Fund/Parks Operating Budget. 5. Other Considerations. a. If Orono selects to maintain the Dakota trail then we should consider maintaining it all the way from Wayzata to Mound (Through Mtka Beach and Spring Park) in order to provide continuity. a. Pros and cons. Pros Cons • Reasonably safe place for runners and walkers • Allows Three Rivers Park District to focus their resources on other regional assets • Cost born by Orono tax payers for a regional asset • Eliminates winter sport uses • Inconsistent with surrounding communities • Relieves 3 Rivers of their responsibility and accountability to their constituents • Liability b. None of the surrounding communities are planning on maintaining the regional trails in this winter. Regional trails that are unmaintained are used by residents for snowshoeing and or X-country skiing. Creating plowed breaks along through trails such as the Dakota may hamper winter recreation (besides running) and exposes the city to additional liability. A group of runners has requested the Dakota trail be kept clear for running. c. The portion of the Lake Independence Trail along Old Crystal Bay in front of the schools and City Hall functions as a sidewalk and connects to the City owned trails that are plowed for pedestrian use during the winter. 6. Possible courses of action: a. Status quo- Orono continues to maintain Orono assets b. Engage with 3 Rivers Park district encouraging them to maintain their assets. This course of cation was chosen in November 2014. c. Orono take over winter maintenance of 3 Rivers Trails (beginning in 2020-21 season) Attachments: A- Trail Map B- Three Rivers Regional Trail Winter Use Study, August 2016 C- Star Tribune Article, September 2010 D- Star Tribune Article, September 2011 CITY OF ORONO MEMORANDUM DATE: February 10, 2020 TO: Mayor Walsh, City Council members Dustin Rief, City Administrator FROM: Jeremy Barnhart, AICP, Community Development Director RE: LA19-63 Special Events At the January 13, 2020 Council workshop, the Council began the review of the draft Special Events ordinance, clarifying what events require a permit, the review process, including notifications, for those permits. The ordinance also adds penalties for infractions. During this meeting, the Council received comments from a resident regarding concerns with the permitting process for fireworks. In response, staff has revised the ordinance, adding many of the comments from the resident and Council, including notification area, and insurance requirement. New regulations relating to fireworks can be found on lines 146-154. The Fire Chief is to review all fireworks applications, and forward a recommendation to the City Council. The Fire Chief will review the application for conformity with applicable fire codes. Most fireworks in Orono are launched from a boat or barge on the Lake. The Fire Department and the water patrol currently review those applications. Staff did not add the information relating to the application form as it is beneficial to be general; additional information can be requested without amending the code. [During the Council workshop, there was some confusion on the part of staff regarding the number of fireworks permits issued in the previous two years. Officially, zero permits were issued by the city of Orono, though the Orono Police Department reviewed two fireworks applications in their capacity as emergency service providers for Spring Park.] Finally, the Council identified a need to revise the definition of a home tour. Staff and the City Attorney have developed an option, but seek direction prior to formal adoption. Staff has not found other acceptable options employed by other cities. The City Council is asked for feedback to be used to develop a final draft for adoption at an upcoming meeting. Exhibit ExA Draft ordinance ExA-1 Draft Ordinance - clean ExB Minutes from January 13th CC workshop References December 9, 2019 Council packet January 13, 2020 Council packet CITY OF ORONO 1 HENNEPIN COUNTY, MINNESOTA 2 3 ORDINANCE NO. 4 5 6 AN ORDINANCE AMENDING ARTICLE VI SPECIAL EVENTS AND ARTICLE VIII 7 ADMINISTRATIVE OFFENSES AND PENALTIES 8 OF THE ORONO CITY CODE 9 10 11 THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: 12 13 SECTION 1. Article VI of the Orono City Code is amended as follows: 14 15 ARTICLE VI. - SPECIAL EVENTS 16 17 Sec. 66-191. - Definitions. 18 The following words, terms and phrases, when used in this article, shall have the meanings 19 ascribed to them in this section, except where the context clearly indicates a different meaning: 20 Road Race or Tours means any organized event that requests alterations to the traffic control 21 features of public roads, including, but not limited to alteration of stop, yield, or merge signs, or 22 requests of dedicated use of traffic lanes. 23 Fireworks means the display of an composition or device that meets the definition of 24 fireworks as set forth in the Minnesota State Fire Code. 25 Special Service in this chapter means traffic control, crowd control, or the display of City of 26 Orono or Long Lake, including police, fire, or public works resources, vehicles or equipment. 27 Open House Home Tour means an event hosted over multiple days or weekends for the 28 purpose of promoting homes for sale and or craftsmanship. This may include remodeling home 29 tours, builders home tours, artesian tours and similar but does not include open houses hosted for 30 the purpose of selling a single home. 31 Parade means any movement of vehicles, persons or animals, in any combination, which 32 either moves together or as a body so as to impede or affect the free and unobstructed flow of 33 vehicular or pedestrian traffic, or which moves so that some part is in violation of one or more 34 traffic laws or regulations. 35 Private event means any private function that requires Special Service from city departments 36 and/or mutual-aid agreements or requires 20 or more on street parking spaces at the same time. 37 Special Event means any Road Race or Tour, Fireworks, Private Event, Parade, any non-city 38 event using city property, Open House Home Tour, or Estate Sale.. 39 40 Sec. 66-192. - Impeding prohibited. 41 It is unlawful for any person to hamper, obstruct, or impede, or interfere with any Special 42 Event or any person, animal or vehicle participating in a Special Event. 43 Sec. 66-193. - Driving vehicles between Parade units. 44 It is unlawful for any person to drive a vehicle between the vehicles or persons comprising a 45 Parade or Special Event when such Parade or Special Event is in motion, except by direction of 46 police officers directing traffic. 47 Sec. 66-194. - Unauthorized entering. 48 It is unlawful for any person to enter into a Parade or Special Event without prior 49 authorization from the person in charge of the event. 50 Sec. 66-195. - Removal of obstructions of traffic. 51 In any case where vehicles or parking by an activity obstructs traffic, regardless of whether 52 or not the activity required a permit. The City may ticket that person and all the cars that 53 constitute the traffic hazard. Vehicles that constitute a hazard may be towed at the owner's 54 expense if so ordered by the police officer. 55 Secs. 66-196—66-220. - Reserved. 56 57 Sec. 66-221. - Required. 58 A permit shall be obtained from the city by any person who will be holding or sponsoring a 59 Special Event on City property, or the owner or their agent for any Special Event on private 60 property. The permit requirements set forth in chapter 38, article V, apply in addition to all 61 licensing requirements. 62 Sec. 66-222. - Exceptions. 63 The following are not required to apply for permits under this division: 64 (1) Funeral processions; 65 (2) A governmental agency acting within the scope of its functions; 66 Sec. 66-223. - Application. 67 (a) Application for Special Event permit shall be made to the city at least 21 days in advance of 68 the date on which the Special Event is to occur unless waived by the city administrator or 69 designee if, after due consideration of the date, time, place, and nature of the Special Event, 70 and the city services required in connection with the event, the city administrator or designee 71 determines that the waiver will not present a hazard to public safety. 72 (b) The applicant shall complete an application as offered by the city administrator or designee, 73 and may include the following: 74 (1) Applicant's name, address, and telephone number (including the telephone number(s) 75 in which the applicant can be reached on the day of the Parade or Special Event); 76 (2) Proposed route or location of Special Event; 77 (3) Time of commencement and termination and date when the Special Event is to occur; 78 (4) Anticipated number of participants; 79 (5) Shuttle bus plan for participants and location of off-site parking; 80 (6) Site plan locating buildings, driveways, local streets, parking location, temporary 81 structures (tents) (including size), temporary restrooms, stage and location of speakers, 82 or any cordoned off area(s) for Special Events; 83 (7) Signature of the owner of the property on which the Special Event is to be held; 84 (8) Proof of possession of any license or permit which, under federal, state or local laws or 85 regulations, the applicant is required to have in order to conduct the Special Event, or which, 86 under any such law or regulation, would exempt the applicant from the licensing requirements 87 of this article. 88 (c) The application shall be executed by the individual applying for the permit or the duly 89 authorized agent or representative of the sponsoring organization. The permit requirements 90 set forth in this section apply in addition to all requirements in section 38-802. 91 (Code 1984, § 6.08(2); Ord. No. 57 3rd series, § 2, 4-27-2009) 92 Sec. 66-224. - Application review and issuance. 93 (a) The city administrator or designee shall forthwith refer all applications for Parades and Special 94 Events to the police chief or designee and to other city departments as deemed necessary. 95 (b) The police chief or designee shall review each application to determine whether and to what 96 extent additional police protection is reasonably necessary and to what extent the Parade or Special 97 Event will interfere with the safe and orderly movement of vehicular and pedestrian movement on 98 public streets. 99 (c) The Police Chief or designee shall issue the permit as provided for herein, unless grounds exist 100 for denying the permit under section 66-225. 101 (d) The City Council shall review all special events requesting the use of city land. The City 102 administrator or their designee may refer any Special Event Permit to the City Council for their 103 review. 104 (e) A notice of the date and time and contact information for the Special Event shall be provided 105 to all property owners within 500 feet of the property hosting a Special Event, unless an 106 alternative notification method has been approved by the City Administrator. 107 (f) Additional Regulations for those Special Events that employ Fireworks. 108 1. The Fire Chief shall review all applications involving Fireworks for compliance with 109 application state codes, and forward a recommendation to the City Council. 110 2. The City Council shall review all applications involving Fireworks. 111 3. Notice of the date, time, and contact information shall be provided to all property 112 owners within 1,000 feet of the launch site of the fireworks. 113 4. A policy or certificate of insurance on which the city, its agents and employees, are 114 additional insureds, providing public liability insurance providing umbrella or all perils 115 coverage in the amount of $1,500,000.00. 116 Sec. 66-225. - Denial of permit. 117 (a) The city administrator or designee may refuse to issue a Special Event permit to the applicant 118 for any of the following reasons: 119 (1) The conduct of the Special Event will substantially interrupt the safe and orderly 120 movement of other pedestrian or vehicular traffic contiguous to its route or location. 121 (2) The conduct of the Special Event will require the diversion of an amount of city 122 resources necessary to maintain adequate city function, in the sole discretion of the City 123 Administrator or their designee. 124 (3) The Parade or road race or tour is not scheduled to move from its point of origin to its 125 point of termination expeditiously and without unreasonable delays in-route. 126 (4) Adequate sanitation and other required health facilities are or will not be available. 127 (5) Sufficient parking near the site of the Parade or Special Event has not been provided to 128 accommodate the number of vehicles reasonably expected, or the applicant has not 129 provided a plan that is sufficient to shuttle visitors to and from a Special Event. 130 (6) The application fails to comply with relevant provisions of section 38-802. 131 (7) The applicant falsified information on the application. 132 (8) Failure of the applicant to pay the required fee. 133 (9) Failure of the applicant or the owner of the property on which the Special Event is to 134 be held to sign the application. 135 (10) The special event has failed to obtain state or county required permits, including but not 136 limited to Fire, Health, or Liquor permits. 137 (11) The completed application was not received 21 or more days before the event. 138 139 (b) The city administrator or designee shall act promptly upon a timely filed application for a 140 Parade or Special Event permit, but in no event shall grant or deny a permit less than 48 hours 141 prior to the Parade or Special Event and shall include reasons for denial. 142 143 Sec. 66-226. - Payment of expenses. 144 The applicant for a Special Event shall pay an application fee as determined from time to 145 time by the City Council; and the city may, as a condition of approval of the permit, require that 146 the applicant deposit money with the city in a sum equal to the estimated service charge to be 147 incurred by the city. Service charges include all city staff and resource time or city consultant 148 time necessary. The city may certify to the county auditor any unpaid service charges which shall 149 be collected together with property taxes levied against the property. 150 Sec. 66-227. - Fees. 151 All permits provided for in this division shall be issued only upon payment in full of permit 152 fees and other costs fixed and determined by resolution. 153 Sec. 66-228. - Prohibitions. 154 The following prohibitions shall apply to all Special Events: 155 (1) It shall be unlawful for any person to stage, present, or conduct any Special Event 156 without first having obtained a permit as herein provided. 157 (2) It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly 158 licensed Parade or Special Event to fail to comply with any condition of the permit. 159 (3) It shall be unlawful for any person to engage in any Parade or Special Event that would 160 constitute a substantial hazard to the public safety or that would materially interfere with 161 or endanger the public peace or rights of residents to the quiet and peaceful enjoyment of 162 their property. 163 (4) The following Special Events shall be prohibited: 164 a. Closed Road Races 165 b. Events using Trunk Highways 166 c. Events on Big Island. 167 Sec. 66-229. - Revocation of permit. 168 The city administrator or designee shall have the authority to revoke a Parade or Special 169 Event permit instantly upon violation of the conditions or standards for issuance as set forth in 170 this article or when a public emergency arises where the police resources required for that 171 emergency are so great that deployment of services for the Parade or Special Event would have 172 an immediate and adverse effect upon the welfare and safety of persons or property. 173 Sec. 66-230. – Penalties 174 (a) If an applicant, permit holder, or any person fails to comply with any provision of Article 175 VI Special Events, the city may impose an administrative penalty as set forth in the chart in 176 clause (c) of this Section. Conviction of a violation in a court of law is not required in order 177 for imposition of an administrative penalty. Appeals of an administrative penalty issued 178 pursuant to this section shall be heard in accordance with the procedure set forth in Article 179 VII Administrative Offenses and Penalties. 180 181 (b) Multiple violations are computed by checking the time period of the three (3) years 182 immediately prior to the date of the most current violation. 183 184 (c) The presumptive penalties for violations are as follows: 185 1st violation $250.00 2nd violation $500.00 3rd violation $1,000.00 186 SECTION 2. Article VIII of the Orono City Code is amended as follows: 187 ARTICLE VIII. - ADMINISTRATIVE OFFENSES AND PENALTIES 188 DIVISION 1. - IN GENERAL 189 Sec. 66-250. - Administrative offenses. 190 The Orono City Council has determined to enforce certain offenses within the City of 191 Orono as administrative offenses. Those offenses to be enforced as administrative offenses shall 192 be determined by resolution of the city council as recommended by the chief of police. These 193 administrative penalty procedures in this section are intended to provide the public and the city 194 with an informal, cost effective, and expeditious alternative to traditional criminal charges for 195 violations of certain provisions of this code. The procedures are intended to be voluntary on the 196 part of those who have been charged with those offenses. 197 Sec. 66-251. - Violation/penalty. 198 Any person violating one of the administrative offenses within the City of Orono shall be 199 subject to the scheduled administrative penalty. The city council shall determine the 200 administrative penalties and both the administrative offenses and the penalty amount may be 201 amended, from time to time, by resolution of the city council. 202 Sec. 66-252. - Enforcement. 203 Any member of the police department or any other person employed by the city with 204 authority to enforce the city Code may issue administrative violations under this article. 205 Notice shall be given to the violator setting forth the nature of the offenses, the date, time of 206 the violation, the name of the official issuing the citation and the amount of the scheduled 207 penalty. 208 Sec. 66-253. - Payment. 209 Once notice of an administrative violation is given, the person responsible for the violation shall, 210 within 14 calendar days of issuance of the notice, pay the stated violation penalty to the City. At 211 any time before the payment of the administrative penalty is due, the person who has been given 212 notice of an alleged violation may request to appear before the city council to contest the request 213 for payment of the penalty. After a hearing before the council, the council may determine to 214 withdraw the request for payment or to renew the request for payment. Because the payment of 215 the administrative penalty is voluntary, there shall be no appeal from the decision of the council. 216 Sec. 66-254. - Failure to pay. 217 If a violator fails to pay the penalty imposed by this administrative citation, or the situation that 218 created the violation remains uncorrected, the City may issue a petty misdemeanor or 219 misdemeanor citation for the violation of the ordinance. A person convicted of a violation of this 220 Ordinance shall be guilty of a misdemeanor and punished by a fine of not more than $1,000.00, 221 imprisonment for a term not exceeding 90 days, or any combination thereof; provided, however, 222 that if the violation is declared to be a petty misdemeanor, the penalty shall be a fine not to 223 exceed $300.00. Additionally, a person convicted of a violation of this article shall pay the costs 224 of prosecution. The city, in its discretion, may bring criminal charges in the first instance, rather 225 than requesting the payment of an administrative penalty, even if a penalty for the particular 226 violation has been established by Council resolution. If the administrative penalty is paid, or if 227 any requested correction of the situation resulting in the violation is completed, no criminal 228 charges shall be initiated by the city for the alleged violation. 229 SECTION 3. This ordinance shall be effective __________________________. 230 231 ADOPTED this day of , 2020, by the City Council of the City of 232 Orono. 233 234 CITY OF ORONO 235 236 BY: 237 Dennis Walsh, Mayor 238 239 ATTEST: 240 241 242 Anna Carlson, City Clerk 243 244 CITY OF ORONO 1 HENNEPIN COUNTY, MINNESOTA 2 3 ORDINANCE NO. 4 5 6 AN ORDINANCE AMENDING ARTICLE VI SPECIAL EVENTS AND ARTICLE VIII 7 ADMINISTRATIVE OFFENSES AND PENALTIES 8 OF THE ORONO CITY CODE 9 10 11 THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: 12 13 SECTION 1. Article VI of the Orono City Code is amended as follows: 14 15 ARTICLE VI. - SPECIAL EVENTS 16 17 Sec. 66-191. - Definitions. 18 The following words, terms and phrases, when used in this article, shall have the meanings 19 ascribed to them in this section, except where the context clearly indicates a different meaning: 20 Road Race or Tours means any organized event that requests alterations to the traffic control 21 features of public roads, including, but not limited to alteration of stop, yield, or merge signs, or 22 requests of dedicated use of traffic lanes. 23 Fireworks means the display of an composition or device that meets the definition of 24 fireworks as set forth in the Minnesota State Fire Code. any substance or combination of 25 substances or article prepared for the purpose of producing a visible or an audible effect by 26 combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, 27 and toy canes in which explosives are used, the type of balloons which require fire underneath to 28 propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, or other 29 fireworks of like construction, and any fireworks containing any explosive or inflammable 30 compound, or any tablets or other device containing any explosive substance and commonly 31 used as fireworks as defined by Minn. Stat. § 624.20. 32 Special Service in this chapter means traffic control, crowd control, or the display of City of 33 Orono or Long Lake, including police, fire, or public works resources, vehicles or equipment. 34 Open House Home Tour means an event hosted over multiple days or weekends for the 35 purpose of promoting homes for sale and or craftsmanship. This may include remodeling home 36 tours, builders home tours, artesian tours and similar but does not include open houses hosted for 37 the purpose of selling a single home. 38 ParadeParade means any movement of vehicles, persons or animals, in any combination, 39 which either moves together andeither moves together or as a body so as to impede or affect the 40 free and unobstructed flow of vehicular or pedestrian traffic, or which moves so that some part is 41 in violation of one or more traffic laws or regulations. 42 Formatted: Font: Italic Private event means any private function or special event that exceeds normal levels of city 43 public service and requires Sspecial Sservice from city departments and/or mutual-aid 44 agreements or requires 20 or more on street parking spaces at the same time.. 45 Special eventSpecial Event means any Road Race or Tour, Fireworks, Private Event, Parade, 46 any non-city event using city property, marathon run, block party, fishing contest, parachute 47 jump, hot-air balloon event, carnival, open house held as part of a home tourOpen House Home 48 Tour, or Estate Sale., or any other activity or event which in some way impedes or affects the 49 free and unobstructed flow of vehicular or pedestrian traffic, generates parking needs for more 50 than 20 vehicles off the site at any one time on residential streets, not including a public access to 51 Lake Minnetonka, or requires the posting of no parking signs to maintain compliance with traffic 52 laws and regulations. 53 (Code 1984, § 6.08(1); Ord. No. 48 3rd series, § 1, 8-25-2008; Ord. No. 57 3rd series, § 1, 4-27-54 2009) 55 Cross reference— Definitions generally, § 1-2. 56 Sec. 66-192. - Impeding prohibited. 57 It is unlawful for any person to hamper, obstruct, or impede, or interfere with any parade, 58 parade assembly, special eventSpecial Event or any person, animal or vehicle participating in a 59 parade or special eventSpecial Event. 60 (Code 1984, § 6.08(5)(A)) 61 Sec. 66-193. - Driving vehicles between paradeParade units. 62 It is unlawful for any person to drive a vehicle between the vehicles or persons comprising a 63 paradeParade or special eventSpecial Event when such paradeParade or special eventSpecial 64 Event is in motion, except by direction of police officers directing traffic. 65 (Code 1984, § 6.08(5)(B)) 66 Sec. 66-194. - Unauthorized entering. 67 It is unlawful for any person to enter into a paradeParade or special eventSpecial Event 68 without prior authorization from the person in charge of the event. 69 (Code 1984, § 6.08(5)(C)) 70 Sec. 66-195. - Removal of obstructions of traffic. 71 In any case where vehicles or parking by an activity obstructs traffic, regardless of whether 72 or not the activity required a permit. The City may ticket that person and all the cars that 73 constitute the traffic hazard. Vehicles that constitute a hazard may be towed at the owner's 74 expense if so ordered by the police officer. 75 (Code 1984, § 6.08(6)) 76 Secs. 66-196—66-220. - Reserved. 77 DIVISION 2. - PERMIT 78 79 80 Sec. 66-221. - Required. 81 A permit shall be obtained from the city by any person who will be holding or sponsoring a 82 parade, private event or Sspecial Eevent on City property, or the owner or their agent for any 83 Special Event on private propoerty. The permit requirements set forth in chapter 38, article V, 84 apply in addition to all licensing requirements. 85 (Code 1984, § 6.08(2); Ord. No. 48 3rd series, § 2, 8-25-2008) Sec. 66-222. - Exceptions. 86 The following are not required to apply for permits under this division: 87 (1) Funeral processions; 88 (2) A governmental agency acting within the scope of its functions; 89 (3) An occasional private party that is held on private residential lots that does not require 90 special service from a city department. 91 (Code 1984, § 6.08(7); Ord. No. 48 3rd series, § 3, 8-25-2008) Sec. 66-223. - Application. 92 (a) Application for a parade or sSpecial Eevent permit shall be made to the city at least 14 21 93 days in advance of the date on which the parade or special event Special Event is to occur 94 unless waived by the city administrator or designee if, after due consideration of the date, 95 time, place, and nature of the parade or sSpecial Eevent, the anticipated number of 96 participants, and the city services required in connection with the event, the city administrator 97 or designee determines that the waiver will not present a hazard to public safety. 98 (b) The applicant shall complete an application fill out a form as offered provided by the city 99 administrator or designee, and may include the followingstating the: 100 (1) Applicant's name, address, and telephone number (including the telephone number(s) 101 in which the applicant can be reached on the day of the paradeParade or special 102 eventSpecial Event); 103 (2) Proposed parade route or location of special eventSpecial Event; 104 (3) Time of commencement and termination and date when the parade or special 105 eventSpecial Event is to occur; 106 (4) Anticipated number of participants; 107 (5) Shuttle bus plan for participants and location of off-site parking for open houses; 108 Commented [JB1]: Shows, Circuses and Similar Performances (6) Site plan locating buildings, driveways, local streets, parking location, temporary 109 structures (tents) (including size), temporary restrooms, stage and location of speakers, 110 or any cordoned off area(s) for special eventSpecial Events; 111 (7) Signature of the owner of the property on which the special eventSpecial Event is to be 112 held; 113 (8) Proof of written notice to all property owners within 350 feet of the location on which 114 a special event is to be held at least ten days prior to the special event. The notice must 115 contain the date, time, and location of the special event; and 116 ((89) Proof of possession of any license or permit which, under federal, state or local laws 117 or regulations, the applicant is required to have in order to conduct the parade or special 118 eventSpecial Event, or which, under any such law or regulation, would exempt the applicant 119 from the licensing requirements of this article. 120 (c) The application shall be executed by the individual applying for the permit or the duly 121 authorized agent or representative of the sponsoring organization. The permit requirements 122 set forth in this section apply in addition to all requirements in section 38-802. 123 124 (Code 1984, § 6.08(2); Ord. No. 57 3rd series, § 2, 4-27-2009) 125 Sec. 66-224. - Application review and issuance. 126 (a) The city administrator or designee shall forthwith refer all applications for paradeParades 127 and special eventSpecial Events to the police chief or designee and to other city departments as 128 deemed necessary. 129 (b) The police chief or designee shall review each application to determine whether and to what 130 extent additional police protection is reasonably necessary and to what extent the paradeParade or 131 special eventSpecial Event will interfere with the safe and orderly movement of vehicular and 132 pedestrian movement on public streets. 133 134 (c) The Police Chief city administrator or designee shall issue the permit as provided for herein, 135 unless grounds exist for denying the permit under section 66-225. 136 (d) The City Council shall review all special events requesting the use of city land. The City 137 administrator or their designee may refer any Special Event Permit to the City Council for their 138 review. 139 (e) A notice of the date and time and contact information for the Special Event shall be provided 140 to all property owners within 500 feet of the property hosting a Special Event, unless an 141 alternative notification method has been approved by the City Administrator. 142 (f) Additional Regulations for those Special Events that employ Fireworks. 143 1. The Fire Chief shall review all applications involving Fireworks for compliance with 144 application state codes, and forward a recommendation to the City Council. 145 2. The City Council shall review all applications involving Fireworks. 146 Formatted: Font: (Default) Calibri, 11 pt Formatted: Normal, Space After: 6 pt Formatted: Indent: Left: 0", First line: 0" Formatted: Space After: 6 pt Formatted: Indent: Left: 0", Hanging: 0.5", SpaceBefore: 0 pt, After: 6 pt Formatted: Normal Formatted: Font: (Default) Times New Roman, 12 pt,(Asian) Japanese Formatted: Font: (Default) Times New Roman, 12 pt,(Asian) Japanese 3. Notice of the date, time, and contact information shall be provided to all property 147 owners within 1,000 feet of the launch site of the fireworks. 148 4. A policy or certificate of insurance on which the city, its agents and employees, are 149 additional insureds, providing public liability insurance providing umbrella or all perils 150 coverage in the amount of $1,500,000.00. 151 Sec. 66-225. - Denial of permit. 152 (a) The city administrator or designee may refuse to issue a parade or special eventSpecial Event 153 permit to the applicant for any of the following reasons: 154 (1) The conduct of the parade or special eventSpecial Event will substantially interrupt the 155 safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route 156 or location. 157 (2) The conduct of the parade or special eventSpecial Event will require the diversion of an 158 amount of city resources necessary to maintain adequate city function, in the sole 159 discretion of the City Administrator or their designee. 160 (3) The paradeParade or road race or tour is not scheduled to move from its point of origin 161 to its point of termination expeditiously and without unreasonable delays ien- route. 162 (4) Adequate sanitation and other required health facilities are or will not be available. 163 (5) Sufficient parking near the site of the paradeParade or special eventSpecial Event has 164 not been provided to accommodate the number of vehicles reasonably expected, or the 165 applicant has not provided a plan that is sufficient to shuttle visitors to and from a special 166 eventSpecial Event. 167 (6) The application fails to comply with relevant provisions of section 38-802. 168 (7) An investigation revealed that theThe applicant falsified information on the application. 169 (8) Failure of the applicant to pay the required fee. 170 (910) Failure of the applicant or the owner of the property on which the special eventSpecial 171 Event is to be held to sign the application. 172 (10) The special event has failed to obtain state or county required permits, including but not 173 limited to Fire, Health, or Liquor permits. 174 (11) The completed application was not received 210 or more days before the event. 175 176 (b) The city administrator or designee shall act promptly upon a timely filed application for a 177 paradeParade or special eventSpecial Event permit, but in no event shall grant or deny a permit 178 less than 48 hours prior to the paradeParade or special eventSpecial Event and shall include 179 reasons for denial. 180 (Code 1984, § 6.08(4); Ord. No. 57 3rd series, § 2, 4-27-2009; Ord. No. 178 3rd series, § 5, 10-181 10-2016) 182 Sec. 66-226. - Payment of expenses. 183 Formatted: Font: (Default) Times New Roman, 12 pt,Not Highlight Formatted: Normal, Indent: First line: 0.5" Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt,Not Highlight Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt,Font color: Auto Formatted: Font: (Default) Times New Roman, 12 pt The applicant for a parade, a special eventSpecial Event, or a private event permit shall pay 184 an application fee as determined from time to time by the City Councilservice charge for the 185 governmental services provided to enforce this article; and the city may, as a condition of 186 approval of the permit, require that the applicant deposit money with the city in a sum equal to 187 the estimated service charge to be incurred by the city. Service charges include all city staff and 188 resource time or city consultant time necessary. The city may certify to the county auditor any 189 unpaid service charges which shall be collected together with property taxes levied against the 190 property. 191 (Code 1984, § 6.08(8); Ord. No. 48 3rd series, § 4, 8-25-2008) 192 Sec. 66-227. - Fees. 193 All permits provided for in this division shall be issued only upon payment in full of permit 194 fees and other costs fixed and determined by resolution. 195 (Code 1984, § 6.08(9)) 196 Sec. 66-228. - Prohibitions. 197 The following prohibitions shall apply to all parades and special eventSpecial Events: 198 (1) It shall be unlawful for any person to stage, present, or conduct any parade or special 199 eventSpecial Event without first having obtained a permit as herein provided. 200 (2) It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly 201 licensed paradeParade or special eventSpecial Event to knowingly fail to comply with 202 any condition of the permit. 203 (3) It shall be unlawful for any person to engage in any paradeParade or special eventSpecial 204 Event that would constitute a substantial hazard to the public safety or that would 205 materially interfere with or endanger the public peace or rights of residents to the quiet 206 and peaceful enjoyment of their property. 207 (4) The following Special Events shall be prohibited: 208 a. Closeda. Closed Road Races 209 b. Eventsb. Events using Trunk Highways 210 c. Eventsc. Events on Big Island. 211 (Ord. No. 57 3rd series, § 3, 4-27-2009) 212 Sec. 66-229. - Revocation of permit. 213 The city administrator or designee shall have the authority to revoke a paradeParade or 214 special eventSpecial Event permit instantly upon violation of the conditions or standards for 215 issuance as set forth in this article or when a public emergency arises where the police resources 216 required for that emergency are so great that deployment of police services for the paradeParade 217 or special eventSpecial Event would have an immediate and adverse effect upon the welfare and 218 safety of persons or property. 219 Sec. 66-230. – Penalties 220 (a) On a finding thatIf an applicant, permit holder, or any person licensee has failsed to 221 comply with any provision of an applicable statute, rule or ordinance relating to alcoholic 222 beverages,Article VI Special Events, the city may impose an administrative penalty as set 223 forth in the chart in clause (c) of this Section. revoke the license, suspend the license, impose 224 a civil penalty of up to $2,000.00 for each violation, or impose any combination of these 225 sanctions. Conviction of a violation in a court of law is not required in order for the council to 226 impose the civil penaltyimposition of an administrative penalty. Appeals of an administrative 227 penalty issued pursuant to this section shall be heard in accordance with the procedure set 228 forth in Article VII Administrative Offenses and Penalties. 229 230 Except in cases of lapse of proof of financial responsibility, no suspension or revocation shall 231 take effect until the licensee has been afforded an opportunity for a hearing pursuant to the 232 Administrative Procedures Act, Minn. Stat. §§ 14.57 to 14.70, as it may be amended from 233 time to time. The council may act as the hearing body under that act, or it may contract with 234 the office of hearing examiners for a hearing officer. Non-payment of the penalty is grounds 235 for suspension or revocation of the license. 236 (b) Multiple violations are computed by checking the time period of the three (3) years 237 immediately prior to the date of the most current violation. 238 239 (c) The presumptiveed penalties for violations are as follows: 240 1 st violation $250.00 plus costs 2 nd violation $500.00 plus costs 3 rd violation $1,000.00 plus costs 241 SECTION 2. Article VIII of the Orono City Code is amended as follows: 242 ARTICLE VIII. - ADMINISTRATIVE OFFENSES AND PENALTIES 243 DIVISION 1. - IN GENERAL 244 Formatted Table Sec. 66-250. - Administrative offenses. 245 The Orono City Council has determined to enforce certain offenses within the City of 246 Orono as administrative offenses. Those offenses to be enforced as administrative offenses shall 247 be determined by resolution of the city council as recommended by the chief of police. These 248 administrative penalty procedures in this section are intended to provide the public and the city 249 with an informal, cost effective, and expeditious alternative to traditional criminal charges for 250 violations of certain provisions of this code. The procedures are intended to be voluntary on the 251 part of those who have been charged with those offenses. 252 (Ord. No. 121 3rd series, § 1, 12-9-2013) 253 Sec. 66-251. - Violation/penalty. 254 Any person violating one of the administrative offenses within the City of Orono shall be 255 subject to the scheduled administrative penalty. The city council shall determine the 256 administrative penalties and both the administrative offenses and the penalty amount may be 257 amended, from time to time, by resolution of the city council. 258 (Ord. No. 121 3rd series, § 1, 12-9-2013) 259 Sec. 66-252. - Enforcement. 260 Any member of the police department or any other person employed by the city with 261 authority to enforce the city Code may issue administrative violations under this article. 262 Notice shall be given to the violator setting forth the nature of the offenses, the date, time of 263 the violation, the name of the official issuing the citation and the amount of the scheduled 264 penalty. 265 (Ord. No. 121 3rd series, § 1, 12-9-2013) 266 Sec. 66-253. - Payment. 267 Once notice of an administrative violation is given, the person responsible for the violation shall, 268 within 14 calendar days of issuance of the notice, pay the stated violation penalty to the City. At 269 any time before the payment of the administrative penalty is due, the person who has been given 270 notice of an alleged violation may request to appear before the city council to contest the request 271 for payment of the penalty. After a hearing before the council, the council may determine to 272 withdraw the request for payment or to renew the request for payment. Because the payment of 273 the administrative penalty is voluntary, there shall be no appeal from the decision of the council. 274 (Ord. No. 121 3rd series, § 1, 12-9-2013) 275 Sec. 66-254. - Failure to pay. 276 If a violator fails to pay the penalty imposed by this administrative citation, or if the violator 277 wishes to contest the citation,or the situation that created the violation remains uncorrected, then 278 the matter shall be processed as an article violation or criminal offense through the Hennepin 279 County District Court System the City may issue a petty misdemeanor or misdemeanor citation 280 for the violation of the ordinance. A person convicted of a violation of this Ordinance shall be 281 guilty of a misdemeanor and punished by a fine of not more than $1,000.00, imprisonment for a 282 term not exceeding 90 days, or any combination thereof; provided, however, that if the violation 283 is declared to be a petty misdemeanor, the penalty shall be a fine not to exceed $300.00. 284 Additionally, a person convicted of a violation of this article shall pay the costs of prosecution. 285 The city, in its discretion, may bring criminal charges in the first instance, rather than requesting 286 the payment of an administrative penalty, even if a penalty for the particular violation has been 287 established by Council resolution. If the administrative penalty is paid, or if any requested 288 correction of the situation resulting in the violation is completed, no criminal charges shall be 289 initiated by the city for the alleged violation. 290 (Ord. No. 57 3rd series, § 3, 4-27-2009) 291 SECTION 3. This ordinance shall be effective __________________________. 292 293 ADOPTED this day of , 2020, by the City Council of the City of 294 Orono. 295 296 CITY OF ORONO 297 298 BY: 299 Dennis Walsh, Mayor 300 301 ATTEST: 302 303 304 Anna Carlson, City Clerk 305 306 Page 1 of 2 Orono City Council Work Session Monday, January 13, 2020 Council Chambers 5:00 p.m. AGENDA PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Matt Johnson and Victoria Seals. Staff members present were City Administrator Dustin Rief, Police Chief Correy Farniok, Community Development Director Jeremy Barnhart, Finance Director Ron Olson and City Clerk Anna Carlson. GUESTS: Fire Chief James Van Eyll & Resident Bob Erickson 1. Discussion of LA19-000063 – Special Event Ordinance Community Development Director Jeremy Barnhart opened discussion by asking for feedback from the City Council in regards to the Special Event Ordinance. Barnhart added that staff has primarily reexamined what a special event is and not purposely tried to reintroduce private parties as we did in 2017. Barnhart noted the goal for the Special Event Ordinance was for cleaning it up and defining what actually could be considered a special event. Barnhart mentioned the current ordinance focuses more on parades more than anything else and coincidentally there have been no special event permits issued for parades in the last two years. In terms of changes in the code, staff is proposing that all fireworks events must gain final approval from the City Council. Council Member Matt Johnson asked if a parade was still considered to be a special event. Johnson mentioned that we have defined special events however, parade is not included in the verbiage in the ordinance. Johnson also noted the ordinance specifies that a private event is now defined as 20 parking spaces or more or special services, is that correct. Police Chief Correy Farniok described that the purpose for the parking number is because not all private events have a continuous flow of parking therefore a special event permit wouldn’t be required for all private events. There was discussion of the use of verbiage of private party versus occasional party and concern about the lack of definitions for some the terms within the draft before them. Staff will provide a definition and clean up the verbiage so it is clearly defined in the final draft of the ordinance. Johnson asked if it is necessary that the Council needs to review the fireworks permits. Rief mentioned that it is because of the impact it has on residents and to limit the number of complaints. There was discussion about the steps which are taken by administration, police, fire and Page 2 of 2 water patrol for examination and approval for all fireworks events. Key points from discussion were to have staff notify residents within a 1000 radius of the event and the effects that it may have on the overall cost of the permit due to mailings. Also discussed was a plan for city communications that could be provided through the city’s listserv notification system, website and newsletter for all fireworks events.