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12/13/2011 - City Council Special SPECIAL CITY COUNCIL MEETING TUESDAY, DECEMBER 13, 2011 5:30 P.M. EAGAN ROOM -EAGAN MUNICIPAL CENTER AGENDA I. ROLL CALL AND ADOPTION OF THE AGENDA II. VISITORS TO BE HEARD P. III. REVIEW PROCESS FOR CONSIDERING SPECIAL EVENT PERMITS ) 3 IV. 2011 EAGAN BUSINESS SURVEY RESULTS PAfV. BUSINESS LICENSES AND PERMITS VI. OTHER BUSINESS VII. ADJOURNMENT Agenda Information Memo Special City Council Meeting December 13, 2011 III. REVIEW PROCESS FOR CONSIDERING SPECIAL EVENT PERMITS ACTION TO BE CONSIDERED: Review information and provide staff with direction for preparation of an ordinance revision to Chapter 7 in order to permit special events on City right of way. FACTS: • At the September 6 listening session, council was made aware of the increasing number of park permit requests received in 2011 to host 5K runs, charity walks and bike events. • Council directed staff to further research regulations needed to safely allow run, walks, bike rides and similar events throughout the City. • Representatives from each city department/division that might have contact with these type of events met to discuss the issue and review policies from other cities. Departments represented included Police, Fire, City Clerk, Parks and Recreation, Public Works and Code Enforcement. • In an attempt to find a way for these special events to be successful within the City, several areas were identified for discussion: o What policies or procedures would need to be in place to handle requests administratively? o Will special event permitting require City Council action or be handled administratively? o What criteria would need to be in place to approve or deny a permit? o What criteria and oversight would need to be in place to ensure a safe event? • The research of other communities and feedback from City staff generated several procedures that could be considered to manage special event permitting for run/walk/bike races that might be requested within the City. Background information is included in the packet and City staff is prepared to provide more detail to clarify any questions the Council may have regarding this proposal. • The City Attorney was also asked to review the information and has recommended that if the City chooses to move in the direction of managing and permitting some of the identified events, that the City Code be amended to provide for special event permitting. It was opined that this permitting could be regulated within the same section of City Code as Parade Permits. Code language pertaining to Parade Permits will also need to be updated so as not to conflict with Special Event Permits. • Block parties were not considered as a part of this discussion, but present similar circumstances. Council may wish to have block party provisions added to Chapter 7. • The City Council is being asked to provide further direction on how best to manage future requests for these special events to ensure they are positive experiences for the potential applicants, local residents and the City. ATTACHMENTS: • September 6, 2011 memo outlining issue background on pag s to-� . • October 6, 2011 memo from City Attorney office on pages LQ to C • Outline of Proposed Criteria for Approving Special Event Permits pages / r to . • Outline of Proposed Fees for Special Event Permits and Associated Services on page 1 a . Ip ii. City of EaQafl Mello To: Tom Hedges, City Administrator From: Juli Seydell Johnson, Director of Parks & Recreation Date: September 6, 2011 Subject: Special Event Permitting for Run/Walk/Bike Rides The City has received an increased number of permit requests for Run/Walk/Bike Races in during the past six months. Previously only 1 -2 events of this nature contacted the City for permission to host an event in Eagan. (One of these events each year was the annual Eagan Fun Run sponsored by the Parks & Recreation Department.) A permit process has been in place since 2010. A review of the current process by staff along with the recent increase in requests for these types of events has led City staff to discuss and further study several issues surrounding these events. The increase in requests is likely due to the growing popularity of these events as fund raisers as well as increased regulations at other popular Twin City locations. The events generally promote healthy activities while raising money for an organization or cause. This increase has led to a number of questions and concerns regarding the City's responsibility and liability both to the local residents as well as the event promoters and participants. Staff has directed a number of questions to the City Attorney's office for clarification regarding authority and liability. At the same time, additional research is being done regarding best practices used by other communities. This process will likely lead to a number of public policy issues for the City Council to discuss. Due to these concerns, the City has temporarily suspended acceptance of permit applications for these events. Events with pending permit applications through October will be allowed to continue if the event is able to meet all City requirements. An event proposed by the Eagan Foundation for Thanksgiving Day does not have a permit application on file. In addition the Thanksgiving Day date presents concerns due to possibility ice and snow. Eagan Foundation representatives have been contacted and staff is working with them to find an appropriate alternative. The Parks & Recreation Department is the initial contact and coordinator of processing for this type of event with approvals coming for various aspects from Police, Fire, Public Works, City Clerk, Parks & Recreation and Community Development. 3 Portion of Event: Involved Department(s): Route Selection Police, Public Works, Parks & Recreation Traffic Control (Safety Sign Plan) Police, Public Works Traffic Control (Day of Event) Police First Aid/First Responders at Event Fire Sound Permit Code Enforcement Parade Permit City Clerk Alcohol Sales City Clerk, Police Tent Permit Building Inspections Park Facility Rental/ Park & Trail Use Parks & Recreation Representatives from all affected City departments met along with an attorney from the City Attorney's office to discuss the permit review process. Some of the concerns discussed regarding these events were: • Type of permit(s) required. o Does it depend on the group size, location or type of activity? o When is a permit required? o Parade Permit from City Clerk? o Special Event Permit from Parks & Recreation? o What happens if a group hosts a Walk/Run/Ride without contacting the City? • Impact of closed streets and trails for local residents and businesses. o How many of this type of event should be allowed in a particular area in order to not negatively impact local access to the streets? o Does the event conflict with other events taking place at the same time near the route? o How often should trails be closed or dominated by these events? o Could a resident or business refuse to have their street closed? • Parking and traffic issues. o How many participants can a particular site accommodate safely and with minimal negative impact on neighbors and businesses? • Public safety issues caused by closed streets and trails. o Do closed roads have an impact on response time for emergency care providers? o Should the City designate only certain routes for run/walk events? • City Liability /Safety of participants while on designated routes. o What liability does the City have when routes are "approved" for these events? o Should events be allowed during the snow season due to concerns of ice and snow on the trails? o Are there additional safety issues for nearby traffic or pedestrians due to these events? o How much oversight is needed to ensure that sponsoring groups follow through with safety and other logistical plans? o What standard of care does the City need to follow in terms of trail or street maintenance before events? • Pot holes? • Loose debris? • Snow /Ice? • Standing water? • How involved should the City be in "Permitting" these events? o Should groups be required to use professional race managers /management companies? o Should there be a fee for staff time to review permit requests? o Should there be a fee for use of City -owned equipment? • Safety cones and vests. • Signs o Does a City staff member need to be present at event to ensure permit conditions are met? 2011 Events: x � e m 7436* p i *A 1 5/1/2011 Tribute to the Troops 5K 400 Approved 2; 7/15/2011 Relay for Life Breast Cancer Walk 750 Approved 3< 7/24/2011 Optum Health Performance Btwin Cities Triathlon Bike 300 Approved 8/6/2011 Asian Chiropractic Center Get Fit Bike -Run 50 Approved 5, 8/6/2011 Charity Event of MN Breast Cancer Ride 300 Approved 6 9/17/2011 Eagan Women of Today 5K Run 100 Pending 7 10/8/2011 Advent United Methodist Church 5K Run ? Pending 8 10/29/2011 Pinewood Phantom Run 5K Run 200 Approved 9 Eagan Foundation 5K Run ? No application yet. Severson, Sheldon, Dougherty 8 Molenda, P.A. Ryan J. Bies EVERSON SHELDON Direct: (952) 953 -8835 E -mail: biesr @seversonsheldon.com © D © Attorneys ( Advisors TO: Juli Seydell Johnson, Director of Parks and Recreation Sonya Rippe, Recreation Facility Manager FROM: Ryan Bies, Assistant City Attorney DATE: October 6, 2011 RE: Responses to Questions Regarding the Special Events Permit (8/29/11 Meeting) On August 29, 2011, we met to discuss the procedures for the Special Event Use Guide & Permits. We discussed various procedural and implementation issues involving special events that occur at city facilities, on city property (parks, etc.) and within city rights -of- ways. For purposes of this memorandum, it is important to clarify that the city's intent in regulating "special events" is limited to private- sponsored events (not city events) and only those occurring on city property or city streets, including sidewalks and trails (ROW). This would include 5 -k runs /walks, a fundraiser banquet at the civic center, an athletic association hockey tournament at the ice arena, an art fair in a park. In reviewing your questions for this memorandum, the following was noted and must be first brought to your attention: 1. While the City Code requires a permit for any parade within a city street, it does not require a permit for a private sponsored event occurring within a city ROW, at a city facility or on city property. Moreover, while an organized 5k run/walk/bike ride would fall within the definition of "parade," any event that occurs within the street and is not merely moving through (e.g. street dance, National Night Out block party, car show) does not fall within the definition of a "parade" and thus, a parade permit would not be required. The City Code does not require any permit for an organized function/event (other than moving events) occurring within the City's street or other property. Therefore, it is recommended that the City Code be amended to provide for special event permit (use of city facilities, property and ROWs). Further, this amendment should set forth the requirement that the permit holder shall comply with all rules and regulations for the use and that it is unlawful to violate any rule or regulation. The rules and regulations for the use of the city property /streets need not be codified into the City Code, but they should be adopted by Council in order to be enforceable. The City could provide for parade and special event permits in same Code section and regulate together. 2. Neither the City Code nor the state traffic laws specifically prohibits a group or persons to congregate in or otherwise occupy a street. In other words, it would not be unlawful for a group to set up an event in a city street. While the City Code prohibits "obstructions" within the ROW, this provision applies to "things" placed in the street, not persons. The state traffic laws authorize the City to regulate "processions" and "assemblages" within the city ROW. The City Code regulates parades, but it does not regulate "assemblages" (i.e. gathered groups of persons, crowds). Again, it is recommended that the City amend the Code, as part of this project, to regulate gatherings of persons held within the City's streets (as well as its facilities and other properties). As to your particular questions raised at our meeting, I provide you the following responses: 1. By issuing a permit, does the City guarantee that it ROW /property will be in a certain condition upon issuing a permit? Answer: NO. A permit for the use of a city facility or a city street/sidewalk does not create a special duty of the city to the user(s). If the city is aware of poor conditions of a street/sidewalk or facility, it certainly should not dictate that the event occur at that location. Thus, to further protect itself from a claim of liability, the city should not dictate to the proposed user the location of the event —let user determine location (in case of a run or walk, provide alternative routes and let the user select the route). 2. At what point does a "special event" become a "parade" under the City Code, which necessitates a parade permit? See above. The City Code defines the term "parade" as "any movement of vehicles, persons or animals or any combination thereof, which either moves together and as a body so as to in some way impede or affect the free and unobstructed flow of vehicular or pedestrian traffic or which moves so that some part thereof is in violation of one or more traffic laws or regulations, if such movement is without a permit hereunder." Stated more succinctly, if a special event is on a roadway or sidewalk/trail and is moving along as a group or body, such as a 5k run or an organized bike rally, then it is a parade. If the group or body of persons are not moving and only occupying the street, then it is not a parade. 2 1 3. At what point is the City justified in regulating an activity because it is an "event ?" Any time the activity is occurring on a city street it may be regulated (but the City Code must be first amended). Any time the activity is occurring within a city facility (with which city resources are being used), it may be regulated. Activity on city property or in city parks may be regulated as to time, place and manner, but it will be important for the City to determine the threshold for requiring a permit. For example, should a 50- employee company party at a city park be treated like a 500- person gathering for post -race reception in the park? At the meeting on August 29, 2011, the group discussed the City could define the threshold for a permit based on the number of person attending the activity. Some cities and the County use the size of the group as a threshold. However, it may be more appropriate to define the threshold as measured by the required City resources used in facilitating the event. If a large group seeks to use a public area, but does not need City resources, the City may not have an interest in requiring a permit. On the other hand, if a group requests the City to block a street or provide special traffic control, City resources in personnel time and equipment are expended to provide some control over the event. The City may use the size of the group, the City resources to be expended, or both to determine whether to require a permit. The deciding factors do not need to be mutually exclusive. Also, the city needs to be cognitive of persons' constitutional rights to assemble and free speech. If the purpose of the group is to protest and they are on the city sidewalk, the city cannot prevent their presence or require a permit before they may exercise their right to free speech. Those constitutional rights, however, do not afford the persons to violate other laws such as impeding traffic. 4. What happens when an event involves closing a county road or the use of a county right -of -way? The City cannot close a road that is not exclusively under the City's jurisdiction. Thus, the City should require the applicant/event organizer to obtain authority from Dakota County for closing or special use of a county road. 5. Can the city deny a permit? What happens if they just do the event anyway? In exercising its authority over city ROW and property, the city may deny a permit provided the denial has a rational basis and is not arbitrary or capricious. The City must be consistent in denying or granting permits. Of 3 2 course, the City decision must be "content neutral "; it must be based on public safety and welfare (costs to the city) reasons. Permit applications that will involve closing of streets or special regulation of traffic should be forwarded to the Chief of Police and Public Works Director for special consideration of the safety and feasibility of closing the street(s). It would be unlawful for an event to occur without a permit provided that the following first occurs: 1) The City Code is amended to provide for special event permits; 2) The City promulgates rules and regulations for the permits; 3) The Council approves the rules and regulations; and 4) The rules and regulations are incorporated into the permit which is required for the event. In such case a citation could be issued to the organizer or in the event of a street event, all persons in the street. -RJB 4 Ct Proposed Criteria to Approve Permits 1. Does the event need a permit? a. Events conducted in or upon public property to include, but not limited to, streets, highways or parks of the City which involves the use of any City services that would not be necessary in the absence of such an activity. b. Athletic events that are timed or award prizes for fastest finishers. c. Events with street or intersection closures. d. Events that obstruct traffic flow. e. Untimed events with greater than 500 walkers /runners or 50 bicyclists. 2. Have measures been taken to ensure the safety of participants and spectators? a. Is the proposed route and location appropriate for the number of expected participants? i. Untimed walk /run events of more than 500 people must request a street closure. ii. Timed running events of more than 100 people must request a street closure for the initial %2 mile of the route. iii. Bicycle events with more than 50 bicyclists must request street closure. iv. Trails will not be closed for exclusive use. v. Maximum participants allowed on trails 1. Untimed walk /run: 500 participants 2. Timed running event: 100 participants 3. Bicycle event: 50 participants b. Are City personnel whose presence may be required must be available at time of event? c. Are the event traffic and emergency plans complete? (Plans must be approved by City Public Safety personnel). i. Police requirements for traffic control may vary based upon location of event, intersections crossed and size of event. ii. Events of more than 500 participants must have EMT's on site specifically assigned to event. iii. Permits will not be issued for run /walk /bike events for dates when the Winter Parking Ordinance is in effect (November 15 — April 15). iv. The City will not provide additional or special snow removal service for any private special event. 3. Does the proposed location have the capacity to host the proposed event? a. Will the event take place without unreasonable harm to landscaping, planting or other environmental conditions present at event site? b. Will the event take place without unreasonable impact on a specialized area including, but not limited to performance area, athletic field, picnic pavilion, swimming pool, or skating rink? c. Is the proposed event is of such nature or duration that it can reasonably be accommodated in proposed location without unreasonable impact on other public uses of the area or nearby services. 4. Have measures been taken to lessen the impact on general public uses of the area and travel to surrounding areas? a. Will the event create an adverse impact on traffic conditions? i. Route must be approved by City Public Safety and Public Works departments. ii. Event organizers must notify residents and business along routes. 1. If a road will be closed, event organizers must post signs every 500 feet along the route 7 days in advance of the event. (Sign templates provided by City.) 2. Signs must be removed within 12 hours of the conclusion of the event. b. Will the event interfere unreasonably with the enjoyment of the park, trail or city - owned space by other users. (Determination of unreasonable interference with the enjoyment of the park shall be made without respect to the content of the event.) i. No more than one event allowed per location on any one day. ii. No more than one event per month or two in consecutive weekends will be allowed on any route. iii. Events will only be allowed on Saturdays, Sundays and National Holidays between 6 am and 1 pm. 5. Is the event likely to provide a positive economic impact to the community? a. Does the event encourages tourism or enhance the quality of life of the community? b. Will the community likely derive economic benefit from the event? c. Does the event provides the community with positive local, regional, and national media exposure? d. Does the event duplicate similar events previously approved to take place within a 30 day period? 6. Have the organizers previously held a City of Eagan permit for this type of event? a. Within the preceding two years, has the applicant has been granted a reservation and did, on that prior occasion, knowingly violate a material term or condition of the reservation, or any law, ordinance, statue or regulation relating to use of City property? b. c. Route Selection i. 4 -5 Suggested 5K run /walk routes will be developed. Groups are not required to use one of these routes. ii. A 2- tiered permitting fee is proposed. Groups using a suggested route will pay a lower fee due to less staff time needed for review of route. iii. Routes other than 5K run /walks will likely be unique and require more staff resources to review. l Special Event Permit Potential Fees Other ' Resident Non-Resident Speciat Event App Fee: 2 tiered (NEW Established Route $ 150 New Route Damage Deposit $ 300 Escrow 50% of initial estimate Park Facility Fees (per City Fee Schedule) Shelter BuiIding/PavWon All Day Shelter Building/Pavilion Half Day $ 95 $ 119 Closing Tnyi|& Posting Signs Sun ShelterA|| Day $ 55 $ 69 Sun Shelter Haif Day $ 46 � Use of parks for large groups and/or chailty $ 63 $ 79 walks/runs/rides Equipment Fees (per City Fee Schedule) ChuokwagonGnU °� $ 47 $ 59 Extra Picnic Tables $ 18 $ 22 Portable Toilets TBD Application/Permit Fees (per City Fee Schedule) Fireworks/PyroteohninsApp|ioation $ 105 Sign Permit 3.2% Malt Liquor License $ 25 1-3 Day Temporary On-SaIe Liquor License $ 150 Sound Arnpllficaton Permit $ 75 Commercial Bui|dmgPermit VendorPennit w 27 $ 34 Service Fees (per City Fee Schedule) EMS per Firefighter per hour Potice Officer per Officer per hour $ 70.35 Public Works/Parks Supervisor per hour $ 100-125 Maintenance Staif - Regular per hour $ 65 Maintenance Staif - OT per hour Seasonal Staif per hour $ 45 Agenda Information Memo Special Eagan City Council Meeting Workshop December 13, 2011 IV. 2011 EAGAN BUSINESS SURVEY RESULTS ACTION TO BE CONSIDERED: No action required. Informational update on survey results. FACTS: • As part of the 2011 approved Communications Department work plan and budget, a survey of Eagan businesses was conducted from August - October of this year. • The last previous business survey was conducted in 2007. • Unlike previous business surveys which involved random samples and scheduled phone interviews with approximately 400 respondents, the 2011 survey was conducted online at a cost savings of approximately $17,000. • Eagan rented access to an established business list of more than 19,000 Eagan businesses registered with the state. A letter was sent to the owner /manager of each providing a Web Zink to take the confidential survey. • Despite a reminder postcard, only 10% of Eagan businesses responded to the survey. However, several sources indicate a 10% response rate is normal for online surveys. • Generally, there is more opportunity to comment with online surveys and while the information gathered is important feedback, several cautions regarding the data are necessary. • The generalizability of online data is less clear, and some research suggests responses may reflect stronger views — positive or negative —than random populations. At least on published research paper indicates that younger and more affluent males may be more likely to respond to surveys on the Web. • In addition to finding Eagan a good place to do business, two key conclusions emerge: 73% of Eagan businesses either stayed the same staff size or grew employees in the last two years, and more 91% expect to stay the same or increase jobs in the next 24 months. That's a remarkable statement given where the national economy has been. • Communications Director Garrison, will provide an overview of the survey findings. ATTACHMENTS: • Copy of PowerPoint slides of 2011 Business Survey results. pq , 1 T 12/9/2011 Eagan Business Survey 2011 44 Executive Summary City of Etal Survey Approach • Used Survey Monkey (savings $17 K) • Sent to 1,900 businesses located in Eagan • 10% response rate • Different types of business represented • Survey sample is voluntary, not random 1 4- 1 12/9/2011 How long has your business been in Eagan (years)? • Professional and Technical Services ess than 2 • Finance and Insurance 14% .� • Reta i l ovi • Health Care y�1 • Transportation and Warehousing ,` • Food Services - • Manufacturing • Real Estate Changes in Staff and Space In last two years 60% 1 Same size 40% -Added Same size Reduced 20% - 36% /0 37 /o ����at; Added � ° �� ae °" 27% % Reduced 0/o 1 Employees Space 15 2 12/9/2011 Eagan Business Climate Overall Business Compare to Twin Cities National Excellent or good Better 80.0% " About , tit sam F r No S ur- a Worse 2.1% � o .Q Most serious issues facing business Employee transportation • Affordable internet Lack of financing Finding workers Business competition woo= Government regulations 1■11 Taxes Doing more with Tess Health insurance cost General economy 0% 20% 40% 60% 1� 3 12/9/2011 Role for City of Eagan to help solving business issues • Property taxes • Government regulations • Cost • Internet Can • Si na a g g help o �M 41 4i I tip: s - ' 4 4%* nb Role City Can Play • Better Internet options & do something to bring down the cost for access. Bring high speed Internet to business parks • Create a way for businesses to connect to other Eagan businesses or offer local referrals • Public /private partnerships for purchasing /procurement or work with BCBS to allow small companies to band together for health insurance 17 4 12/9/2011 Role City Can Play • Allow more on site promotions • Communicate with Postal Service to "shore up their services." • Large percentages not aware that Eagan: - -can help identify suitable business locations - -can refer to state business financing resources -- offers fire extinguisher training /safety inspections During the next 24 months, the number of jobs expected to ti ry .- ,�'' '� -so-. i Mkt � 6i � � 141 011'' �. fir 3's g rr om ` crease Increase 2.9% 37.2% D. not know As of 10/31/2011 5.8% /O 5 12/9/2011 Next Year Plans ng Same size 64.3% ownsizing Considering 2.1 closing 2.8% Rate the City Staff City Services Helpfulness Extremely Excellent or helpful or Good helpful - at 80.4% 81.7° , Poor 4% No opi 0.8% Not h �r1 5.3 00 at all ' .9% /9 6 12/9/2011 Getting Permit or City Approval Process •Approximately 30% of respondents Fast, Efficient needed a city permit or approval or Reasonable over the last / too three years 80.8% some 9.6% No on - .6% Work from Home Expectation • 45% of k businesses want �1 G option for Like them employees to work from a t o e home. Need << 45.2% connection speed 25 Mb or = ' higher 12/9/2011 Perceived Value of City Services • Quality of the city services received for Excellent taxes paid or Good 70% 1 What like to see? • More clothing choices • Good Earth and seafood restaurant • Alternative energy businesses • Another large employer /Ensure good use of Lockheed Martin site • More art displayed throughout the community • Centennial Lakes & Super Target 8 12/9/2011 Selected Comments • Easy access, good parking, great snow plowing; don't cut back on this service • Reasonable flexibility in using promotional banners. Look outside the box to improve visibility for business properties. Questioned whether same signage requirements apply to schools, city properties. • Clone Tom Hedges • Lower property taxes /regulations; but local government does better job at living within its means /delivering cost effective services What Home -Based Business Said • Fiber optics would be nice • Work with Internet providers to make sure service is reliable • Have an Eagan business directory • Provide an incubator office w/ conference rm., fax machine, computers for use at cost. • Less regulation /lower taxes Ao 9 Agenda Information Memo Eagan City Council Workshop December 13, 2011 V. BUSINESS LICENSES AND PERMITS ACTION TO BE CONSIDERED: To provide direction to staff regarding various City licenses and permits. FACTS: • City staff has undertaken a review of existing business license and permit ordinances to assess the following: 1. Public policy questions /housekeeping items needed to maintain consistency between the City Code and current practices and policies. 2. Licenses that could be approved and issued administratively, if desired by the City Council. 3. Licensing requirements that could be discontinued, if desired by the City Council. • City Clerk/Administrative Services Coordinator Scipioni has worked with the City Attorney's Office and coordinated this effort with City staff. • Much of the work revolves around the City's commitment to asking why certain things are done and if activities are serving desired /identified purposes, if the activities are necessary, can they be accomplished in a more efficient manner, and is the regulation even relevant or appropriate today. • The memo is laid out in such a manner that the City Council can go through it and provide direction for each housekeeping item and /or public policy question. ATTACHMENTS: . Enclosed on pageeA ) through 4a> is a copy of the memo referenced above. C!ty of Eaan Meo To: Gene VanOverbeke, Director of Administrative Services From: Christina Scipioni, City Clerk/Administrative Services Coordinator Date: December 7, 2011 Subject: Business License and Permit Ordinance Review At your request staff has reviewed existing business license and permit ordinances to assess the following: 1) Public policy questions/housekeeping items needed to maintain consistency between City Code and existing policies and procedures 2) Licenses that could be approved administratively 3) Licensing requirements that could be discontinued. This memo outlines staff's findings. City Code Public Policy Questions/Housekeeping Items Some sections of City Code are not consistent with City's business licensing /permitting procedures and policies. A staff review has determined the following issues should be brought before the City Council for further direction. • Chapter 5 Alcoholic Beverages o Public Policy Question • Recent changes in State Statute give cities authority to issue Temporary Wine Festival Licenses, which allow winery associations to sell up to two glasses of wine per attendee and to dispense free samples of wine for sale at an annual festival or showcase. City Code could be amended to allow the City to issue these licenses. o Housekeeping Items • Currently Section 5.52 requires a Conditional Use Permit for on -sale liquor licenses. In practice, the City issues on -sale liquor licenses to properties with either CUP or Planned Development approval. • The City's insurance requirement exceptions in Section 5.13 are not consistent with State Statute and should be updated. • Chapter 6.31 Dancehalls o Public Policy Question • City Code broadly defines a "dancehall." Historically, the City has required only establishments operating exclusively as a dancehall to apply for a dancehall permit. To address this inconsistency, the City could either (1) begin requiring dancehall permits of any establishment with a dance open to the public or (2) amend the City Code definition of a dancehall to include only those establishments operating as an exclusive dancehall. • Chapter 6.32 Shows o Public Policy Question • City Code requires a show license for any public show, movie, caravan, circus, carnival, and theatrical or other performance. Historically, the City has required a show license only for large -scale public events. To address this inconsistency, the City could either (1) begin requiring a show license be issued to every public show, movie, caravan, circus, carnival and theatrical performance in the City or (2) amend the show license requirement in City Code to include only large public events. • Chapter 6.36 Solicitors o Public Policy Question • Recent changes to City Code created a requirement that transient merchants within a City park receive a transient merchant permit from the City Clerk and a vendor permit from the Director of Parks and Recreation. Historically, transient merchant permits have not been required if the transient merchant is regulated elsewhere in City Code. (For example, firework stands must receive a permit from Code Enforcement, so they are not required to have a transient merchant permit.) If the City Council determines transient merchants within City parks should be required to apply for one permit instead of two, they could be exempted from the transient merchant permit requirement. Transient merchants within a City park would still be required to obtain a vendor permit from the Director of Parks and Recreation. These merchants would be required to follow all transient merchant regulations, as well as any additional regulations set forth in their vendor permit. • Chapter 6.37 Garbage, Refuse and Recycling Haulers o Housekeeping Item • City Code requires all trash hauler license applicants to provide certificates of insurance that expire December 31 of the license year. From a practical standpoint, licensees are often not able to meet this requirement because their insurance has a different policy term. The City could continue to require insurance throughout the licensing period without specifying a policy expiration date. This will require that staff monitor the licenses to verify that insurance coverage is in force throughout the licensing period. • Chapter 6.46 Paintball Sport Facility o Housekeeping Item • City Code does not specify that a paintball facility license is meant for commercial purposes, not residential. At the time the ordinance was adopted in 1993, the intent was to allow commercial paintball facilities to operate. Staff is suggesting amending the paintball sport facility definition to remove ambiguity and prevent issuance of licenses for non - commercial uses. • Chapter 6.45 Pawnshop o Housekeeping Item • City Code currently requires the Police Chief to notify pawnshops when an item should not be sold. It would be practical for City Code to grant this authority to the Police Chief or his/her designee. Administrative Approval of Licenses Public Policy Question There are several licenses and permits that are currently approved by the City Council, but could be approved administratively. Administrative approval shortens the waiting period for applicants. It also decreases the amount of staff time needed to process each application. The following licenses /permits are currently approved administratively: • Massage Therapist Licenses • Solicitor /Peddler /Transient Merchant permits • Consumer Fireworks Permits These additional licenses /permits could be approved administratively: • Tobacco Licenses • Garbage and Recycling Hauler Licenses • Massage Therapy Establishment Licenses • Pet Shop Licenses • Tree Maintenance Contractor Licenses • Motorized Golf Cart Permits • Pigeon Licenses • Kennel Licenses o Kennels are allowed as a conditional use within Agricultural, General Business and Limited Industrial zoning districts. A kennel license cannot be issued until the Council has approved a Conditional Use Permit. It seems regulatory and land use goals can be met through the CUP approval process. If Council determines that administrative approval is appropriate for any of these licenses /permits, approval information would be shared with the Council on a regular basis. Discontinue Certain License Requirements Public Policy Question It seems adequate regulatory /land use goals can be met without issuance of a license or permit for the following business activities. Staff is requesting Council direction regarding discontinuing license requirements for the following: • Chapter 6.30 Mechanical Amusement Device Licenses o At the time this license was implemented in 1980, concern about regulating arcades and the potential nuisances associated with them was high. With the increase in popularity of video and computer games, the popularity of large arcades has waned. Additionally, zoning regulations limit the number of mechanical amusement devices at any one establishment to three machines. o Staff is suggesting removing the licensing requirement, but keeping the other regulations in Section 6.30, which regulate hours of operation and prohibit automatic payoff devices and other forms of gambling. Retaining these regulations will allow the City to address potential issues associated with Mechanical Amusement Devices, if the need arises. o If the license requirement is removed, Section 11 Land Use Regulations (Zoning) would also need to be amended because it refers to mechanical amusement devices. • Chapter 6.41 Stables o City Code Chapter 6.41 defines a stable as a facility that keeps hoofed animals for the purpose of renting or leasing them to others. o At the time the City enacted the stable license requirement, there was not another mechanism for regulating stables. Current zoning regulations require an Interim Use Permit for a stable, as defined above. Thus, now there is a regulation mechanism within Chapter 11 of City Code. • Chapter 6.42 Golf Driving Ranges o City Code Chapter 6.41 requires a golf driving range license for driving ranges that are not a part of a golf course. o At the time the City enacted this ordinance, there was not another mechanism for regulating stand -alone driving ranges. Current zoning regulations require an Interim Use Permit for stand -alone driving ranges. Thus, now there is a regulation mechanism within Chapter 11 of City Code. e