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97-52� � _ __}_ ' , �, �,,,�_ \�" lq,�( � Council File # G� 5Z .�� .��r.�r�.� � , Green Sheet # � Ordinance # �-- �-��l ��'� 7 - ORDI � NCE ,�jr �� S I AUL, MINNESOTA � Presented Referred To Committee Date An ordinance amending Chapter 366 of the Saint Paul Legislative Code to require pernvts for use of downtown pazks for community festivals and special events THE COUNCIL OF THE CITY OF SAINT PAUL DOES HEREBY ORDAIN: Section 1 Section 366 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 366.01. Permits, exceptions and special options. (a) Permit required. No person or organization shall use any public street, sidewalk or alley for a block pariy, community festivai or special event in the city without a permit. (b) Exception to fee, insurance and indemnity requirements. Because the policy of the city is to encourage the holding of small block parties that do not adversely impact traffic, parking and public safety, the provisions of sections 366.03, 366.04(a), 366.04(c) and 366.04(d) shall not apply to block parties, community festivals or special events that meet the following chazacteristics: (1) No food or beverages are sold to the public; (2) The street, sidewalk or alley involved is totally residential in nature and does not cover an area greater than one (1) city block in length (two (2) block faces constitute one (1) block in length) and does not encompass an intersection; (3) The event is held between the hours of 8:00 a.m. and sunset; and (4) Application for a permit is made at least thirty (30) calendar days prior to the event; provided, however, that the time limit may be waived by the chief of police in his or her discretion ugon a determination of hardship to the applicant and no adverse effect on public health, safety or welfare. (c) Special option for ciry parks. A person or organization authorized by the division of parks and recreation to use city park property need not apply for a permit, as described herein, so long as the block party, community festival or special event will occur whoily on park property (excluding parkways adjacent to public streets), and the number of people �� P ��+ f expected to attend is five thousand (5,000) or less. Nothing herein is intended to�prohibit such a person or organization for applying for a pernut under this chapter even though eligible for Q R-5Z _.:. :....>,:-....: ,...;.,; ,a .....,.,,,_.... the faregoing special option. � ..:.�=<t� :Y�a�x;:s.. ::.;�#?�s;,:":::�`;%��;r. �'��r•��:��;:�5�s��-::-. _: . i.. .i�i�... . inc.'::. �...:.o��..�... l�iF��:::�.:..n.:.�....L i ......9 .. ... .i .:...:..... ..n.:.'.....__ii... _ _ a.i.n�. .. . .. ._. .._ _.. �� (d) Not exclusive permit. Pernuts issued hereunder do not supersede or staud in lieu of permits issued under Chapter 366A of this Legislative Code relating to mazches, demonstrations and public gatherings, which shall be obtained for all acfivities, functions and events required by that chapter. Applicants for Chapter 366A permits shall be required to meet only the terms and conditions of that chapter for 366A permits without regazd to their entitlement or lack of entitlement to a permit hereunder. Sec. 366.02. Definitions. (a) The term "block party" shall mean a neighborhood social gathering of persons residing in one (1) city block or two (2) adjacent city blocks where the street or alley sought to be closed and used for the gathering is completely residential in nature and where the area to be used for the gathering does not cover an azea greater than one (1) city block in length (two (2) block faces adjoining one (1) street constitutes one (1) city block). (b) The term "community fesrival" shall mean a public gathering of persons for social, recreational and/or artistic purposes whose location can be predeternuned and fixed. (c) The term "special evenY' shall mean any scheduled public event or gathering of persons for athletic events such as bicycle or iuuuiug races, pazades for purely social and recreational purposes, and any other events moving from one (1) location to another. Sec. 366.03. Permit fees; determination of number of blocks; traffic-control fee. (a) The fee for a pernut shall be fifty dollars ($50.00) for events not more than one (1) city block in length and twenty-five dollars ($25.00) for each additional block included within the azea of the block party, community festival or special event up to a m�imum fee of two hundred dollars ($200.00). (b) The determination of the number of blocks sha11 be based on the estimate of the committee set out in section 366.04(e) of this chapter after consultation with the organizers of the event. Fees collected shall not be refundable. (c) In addition to the fee for processing the permit, applicants for a permit hereunder shall be required to submit, before the permit is issued, a traffio-control fee in an amount established by the chief of police or his or her designee. The traffic-control fee shall cover the cost to the city of providing sufficient o�cers to regulate traffic and maintain public arder. The tr�o-control fee shall be based on consideration of the following information, which the applicant is required to submit to the police chief or his or her designee, and which sha11 serve as standards to guide his or her discretion: (1) The proposed route or location for the block party, community festival or special event; (2) The time of day that the event is to take place; (3) The date and day of the week proposed; - �"'rSZ, (4) The general tr�c conditions in the azea requested, both vehicular and pedestrian, with special attention being given to the rerouting of vehicles or pedestrians normally using the requested area; (5) The number of mazked and nnmarked intersections along the route requested, together with the traffio-control devices present; (6) If trafFic must be completely rerouted from the azea, then the number of marked and unmazked intersections and the tr�o-control devices aze taken into consideration; ('� The estimated number of participants and vehicles; (8) The estimated nuxnber of viewers; (9) The nature, composition, format and configurarion of the block party, community festival or special event; (10) The anticipated weather conditions; (11) The estimated time or durafion of the block pariy, coxnmunity festival or special event; (12) The plan of the applicant far emergency medical services for participants in the event; and (13) Provisions arranged far and made by the applicant for handicapped parking. Sec. 366.04. Requirements for a permit. (a) Application; time limit. Application for a permit shall be submitted to the police department at least sixty (60) calendar days prior to the event. The time limit may be waived by the police chief or his or her designee upon submission of proof of extreme hazdship on the part of the applicant. (b) Consent. All applications shall be accompanied by the written consent of sixty (60) percent of property owners or tenants (if the property is not owner-occupied) of property adyacent to the portion of the public street, sidewalk or a11ey sought to be used for the block ,., . oartv, communitv festival or sroecial event��i"s�'::�'��<.:�:v��1�[�sis P�::�e�l��r�=1?�:ari ��pi�C�� c�i��c�#�;YxS�;ii� ��' �,S��e7�� t�'�. lY it is not practicable to obtain the written consent of sixty (60) percent of property owners or tenants for block parties, community festivals or special events lazger than three (3) city blocks in length, the council may waive the consent requirement upon a written petition submitted to the police chief, which petition sets forth why the written consent of sixty (6Q) percent of property owners or tenants is not pracficable. The police chief shall then forwazd the petition to the city council for its consideration. No permit shall be granted without such consent being filed with the police department unless waived by the council as provided above. �' k�-�� s i (c) Insurance. All applications shall be accompanied by evidence in the form of a�,�Z properly executed certificate of insurance that the city is protected as a joint insuted under a comprehensive public liability insurance policy against all liability or claims which xnight arise out of the holding of the block pariy, community festival or special event, the insurance coverage to be in the amounts not less than one hundred thousand dollazs ($100,000.00) for injury or damage to any person or properiy and not less than three hundred thousand dollazs ($300,000.00) in the aggregate aznount for any number of claims arising out of a single occurrence. (d) Indemnity agreement. Applications shall be accompanied by either: (1) A written agz'eement by the person or persons seeking the permit that he, she or they will defend, hold harmless and indemnify the city, its employees, agents and officers against all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by the block party, community festival or special event, which by agreement shall also provide for the repair of or payment for damages to public properry; or (2) Evidence in the form of a properly executed certificate of casualty and property damage insurance which will insure all public or city property within the area of the block pariy, community festival or special event against loss. This certificate shall be accompanied by a written agreement that the person(s) will indemnify the city up to the amount of any deductible applicable to such casualty and properiy damage insurance; or (3) Upon a showing of financial hardship, a block party, commuxuty festival or special event which is no longer than three (3) days in duration may submit a petition to the police chief or his or her designee for a waiver of the requirements of subsections (1) and (2) above. (e) Review and recommendation. Each application for a permit shall be referred to a committee consisting of representatives from the departments of fire, police and public works and the divisions or offices of public health, licensing, and parks and recreation for its review and recommendation as to whether the requested use will unnecessarily interfere with public travel on the street or alley proposed to be used and if there are other health and safety issues which need to be addressed. Such committee may also recommend terms and condifions necessary in its judgment to protect the public peace, health and safety, including lnniting the portion of the street or alley that may be used for the event, the hours thereof, and the type and number of blockades or warning devices that aze to be provided for the safety of motorists and the protection of those persons participating in the block party, community festival or special event. (fj Fee, bond and insurance exemption. This review and recommendation by the aforementioned committee sha11 exempt the block party, community festival or special event from any additional fees under section 125.02 of the Legislauve Code and from the requirements of sections 125.12 and 125.13 of the Legislative Code. (g) Notifzcation. The committee shall have discretion to require the pernuttee to give notice to any properly owner or organization which may be affected by such pazade, block party or special event, and/or to any neighborhood or community-based organization through ar in whose organizational area the pazade, block party or special event may take place. Sec. 366.05.1. Issuance of permit; conditions. . . � . _ . .` q-� 5Z The coxsunittee shall have the power to recommend and the council, upon notice and hearing, shall have the power to impose reasonable conditions upon any permit issued under this chapter in response to mulriple resident complaints about the orderliness, safe operation and impact on the surrounding neighborhood of any block party, community festival or special event, and such conditions sha11 not be construed as adverse actions as defined in section 310A1. Such condirions may include, but are not limited to, time, manner and place restrictions on the sale of alcoholic beverages, the fiu•uishing by the applicant(s) of security services for the event and restrictions on the location and use of loudspeakers. In deciding whether or not to impose conditions, the council may consider the hazdship to the block party, community festival or special event organizers in meeting the conditions before the event. Nothing herein shall be construed to allow noncompliance with the noise ordinance. Sec. 366.05.2. Licensed vendors; restrictions. No food vendor or peddler licensed under Chapter 331 as a Class G itinerant food establishment or Class N mobile food service establishment or licensed under Chapter 345 sha11 operate his or her business within two thousand (2,000) feet of any area for which a permit has been issued under this chapter, except when such licensee has obtained written permission from the organizers of the event. Sec. 366.06. Hours. No block pariy shall commence before 8:00 am. nor continue after 11:00 p.m. Sec. 366.07. Violation; penalty. Any person who violates any provision of this chapter or who violates any condition ar requirement of a permit issued pursuant to this chapter shall be guilty of a misdemeanor. Section 2 This ordinance shall take effect and be in farce thirty (30) days following its passage, approval and publication. Requested by Department of: By: Adopted by Council: Date tlry Form Approved by City Attorney l /// � ;' `� Adoption Certified by Counc' Secretary B�, �/� �a ��-- B �'� " `°-- �- ��`� Approved by Mayor for Submission to Approved by Mayor: Date _ Council By: By� P -��-- .� �-� °I � � S �-- � � �- `��.?�9� �� .S Blake Bostrom Collins Harris Megard Morton Thune Requested by Depaztment of: � � Foctn Approved by City Attorney FA: � co By: �kdeflEed by Council: Date � � � �qq � t=A. w.¢E 'i`—�— akdoplion Certified by Council Secretaty Approved by Mayor for Submission ro Council By: ��\ � �—__ gy. Approved by Mayor: � ��z DEPARTMENT/OFPICE/COUNCIL DATEINITIATED GREEN SHEE N� 36441 Cit Council -- - CONTACTPERSONBPHONE O�EPARTMENiDIRECfOR ❑CRYCOUNCIL �NRIAVDATE Dave Thune 266-8620 p��GN O CINATTOflNEV O CRV CLERK MUST BE ON CAUNCIL AGENDA BY (DATE) NIIYBFA FOR � BUDGET DIRECTOP � FIN. & MGT. SERVICES DIR. NOUi1NG ORDER O MAVOR (OR ASSISTANn � TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATURE) ACfION REQUESTED: Ordinance amending Chapter 366 to require permits for the use of downtown parks for co�unity festivals. PECOMMENOAnONS: npprove (A) or Rejea (R) PERSONAL SERVICE CONTRACTS MU57 ANSWER TNE FOLLOWING �UESTIONS: _ PI.ANNING COMMISSION _ CIVIL SERVICE CAMMISSION �• Has this person/Firtn ever worked under a coMrac[ for this departmeM? - _ GB COMMI7TEE _ YES NO _ S7AFC 2. Has ihis persoNfirm ever been a Ciry employee? — XES NO _ DI5TRIC7 COURT — 3. Does this personflirm possess a skill not nortnally possessed by any curtem ciry employee? SUPPOflTSWHICHCOUNCILO&IECTiVE7 YES NO Explain alf yes answers on separete sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPoRTUNITY (Who, What, When, Where. Why): Nearness of businesses and residential buildings to downtown parks shan3d restrict%downtown parks from the special option provision of Chapter 366. ADVANTAGESIFAPPROVED: ' Downtown parks will require Council approval for use as a community festival location. DISA�VANTAGES IFAPPROVED: None. .,�b".i ;��At;'� . � �,��?as: ., .... �:=r'�''s � "� i�� DISADVANTAGES IF NOT APPROVED: , Status will continue. TOTAL AMOUNT OF TRANSACTION $ COST/fiEVENUE BUDGE7ED (CIHCLE ONE) YES NO FUNDING SOURCE NCTIVITY NUMBEH FINANCIAL INFORMATION: (EXPLAIN) _ gaint 0 °I �1- s a. .tion C . 1 300 Ciry Hall Annex, 25 W. 4th Street, Saint Paul, MN 55102 -- 612R66-6400 February 20, 1997 To: From: Subject: City Council President Dave Thune Councilmember Jerry Blakey Councilmember Michael Harris Councilmember Roberta Megard Councilmember Janice Rettman Councilmember Daniel Bostrom Councilmember Mark Mauer Jill Danner, Chair Saint Paul Parks and Recreation Commission Council Resolution 97-52 Amending Chapter 366 of the Saint Paul Legislative Code On January 29, the City Council laid over resolution 97-52 to February 26 for its third reading and public hearing. � In order to allow adequate time to review and comment on this resolution, the Commission is requesting that it be fiu-ther laid over to Anri13� This additional lay over is necessary i) to allow for this issue to be listed and discussed as part of the Commission's March 12 meeting agenda and 2) for continuation of discussions with city staff and District 17. The Commission had first become involved in working towards identifying solutions to some of the special circumstances associated with events in downtown parks after being approached by the District 17 Community Council in August, 1996. At the Commission's December meeting, Commissioner Kazen Skwira (herself a downtown resident), was designated to formally chair discussions between the Community Council, Parks staff and the Commission. The Commission appreciates the opportunity to provide comments on this important issue. Please contact me at 224-7910 or Mike Hahm 266-6444 if you have any questions concerning this request. JD/mh cc: Mayor Coleman Robert P. Piram District 17 Community Council Saint Paul Pazks and Recreation Commissioners: Jill Danner, Chairperson; Terrence Huntrods, Vice-Chairperson Liz Anderson, Kenneth Mauer, John O'Halloran, Altin Paulson, Phil Ravitzky, Kazen Skwira, Xang Vang s; i p � � �_ Sa- Interdepartmental Memorandum � CITY OF SAINT PAUL June 23, 1997 To: City Council President Dave Thune Councilmember Jerry Blakey Councilmember Michaei Harris Councilmember Roberta Megard Councilmember Joe Coilins Councilmember Daniel Bostrom Councilmember Gladys Morton From: Robert P. Piram, Superintende� Division of Parks and Recreation , Subject: Resolution 97-52, Amending Chapter 366 of the Legislative Code On Wednesday, June 18, the City Council passed resolution 97-52, amending Chapter 366 of the Legislative Code. { am requesti�g that the City Council reconsider this item at the next appropriate meeting. The purpose for reconsidering is to evaluate the attached "Policy for the Use of Downtown Parks" as an alternative to amending the Legislative Code as proposed in 97-52. Unfortunately, the Division did not present testimony on this item at the last Wednesday's meeting. Although I had planned to speak, I was unable to address to Council due to the combination of the public hearings running late and a previously scheduled commitment to attend a community meeting in Phalen Park at 6:00 p.m. It was not possible to locate other Division staff to testify. The attached "Policy for the Use of Downtown Parks" was formulated in cooperation with representatives of the District 17 CapitolRiver Council, the Parks and Recreation Commission, and City staff. Based upon the successful development of this "Policy for the Use of Downtown Parks", the Division recommends that the City Council reiect the proposed change to Chapter 366 of the Legislative Code. The Division believes that the attached policy responds to the concerns raised by the downtown community without impairing the City's ability to provide quality programming and events downtown. � Resolution 97-52 June 23, 1997 page two � r l _ S" a--- On Wednesday, June 18, the District 1-7 CapitolRiver Councif formally authorized its support of the attached policy. It is anticipated that the Parks and Recreation Commission will formaily adopt the policy at its next regular meeting, on July 9. After Yhe Commission adopts the policy, it will be transmitted to the City Council. A City Councii resolution accepting and approving the policy will also be originated at that time. When the proposal to amend Chapter 366 of the Legislative Code was first considered, the Division of Parks and Recreation expressed several concerns related to negative impacts that it would cause to the City's efforts to provide programs and events downtown. These concerns were specifically related to the short timelines involved in staging many events and the proposed requirement to obtain consent approvals from adjoining property owners for a(I events. As the primary provider of programming in downtown parks, the impact to the Division created by the proposed change would be great and programming would be jeopardized. At that time it was suggested that the City Council lay-over action on the proposed changes to allow the Parks and Recreation Commission an opportunity to develop a"Policy for the use of Downtown Parks". The lay-over allowed time for the Division to work with the Parks and Recreation Commission, the downtown community and the District 17 CapitolRiver Council in seeking an appropriate solution related io programming in downtown parks. It was anticipated that the policy could address the community's concerns related to downtown parks without impairing the City's ability to provide programming downtown. Given this information and upon review of the attached policy, I hope that you find it appropriate to reconsider 97-52. If you have any questions concerning this request, please contact me at 266-6404. RPP/mh cc: Tim Marx n:\mearmemo.697 SAINT PAUL PARKS AND RECREATION COMD�SSION �� v s � _ SUBJECT: USE OF DOWNTOWN PARKS FOR SPECIAL EVENTS, FESTIVALS ANA ACTIVITIES PURl'OSE: Downtown pazks set the tone for businesses, residents and visitors who come to downtown Saint Paul. These parks aze designed to be atcractive to the resident and casual visitor and to be the site of leisure activities to draw people downtown. The City deterntines the appropriate use of public spaces it operates and maintains. However, these parks aze well used and their capacity to hold certain types of events is lunited. The individuai capacities of downtown parks depends on criteria such as character and design, size of park, type of event, size of crowd and inYensity of use. This policy is intended to provide guidelines for downtown park usage. POLICY: All events and activities being considered for downtown parks shonld be evaluated using the criteria of 1) public benefit or purpose, 2) character of the park, 3)impact on the park and surrounding area and 4) promoter capability to successfully offer the event or activity. In addition, a written agreement between the City and the activity producer shalT cover various conditions related to each event held in a downtown park. Public Benefit - The City should consider the generat pubiic benefit or pubiic purpose when evaluating whether an event or activity should be permitted. C&aracter of the Park - Each downtown park will be evaluated for events and activities based on the design, the potential impact of types of activities and setup options. This evaluation will be done by the managers of Operations, Design and Construction and Special Services. Imnact of Events and Activities Impact on the park - The impact of proposed uses on the pazk and facilities should be evaluated to limit damage to the park resource. Examples of activities which may cause damage include; the presence of food and beverages, the lacation of vendors and the intensity of use. Impact on the surrounding area - When evaluating an event or activity, the unpact of the activity on the park's neighbors (both residenfial and business) sha11 be reviewed. This should take into consideration items such as the frequency with which the park is programmed, the character and size of the event, length and time of event, sound levels and expected draw. Consideration should also be given to muumizing potential conflict(s) with other activities in the park or neighbozhood. Ability of Producer to Successfully Offer the Event - The ability of the event ar activity producer to plan and implement the project should be considered. The producer should have the experience, a viable budget and fmancing plan, the capacity to offer the event, and have met any past financial obligations with regazd to previously held activities, festivais or events. Conditions of an Agreement - Each event or activity that requires a contract should be covered by a written agreement that covers items such as (but not 1'united to): nahzre of event, fees and charges, mazketing and promotion, notification requirements, setup conditions, street use, licensing requirements, security, cleanup and damage deposits and timelines. Under no circumstances shall arrangements for damage deposits and cleanup and repair be waived. �� _Sa- Event Mana�ement - The Division of Pazks and Recreation will maintain a direct contact with on-site staff for the purpose of monitoring, reporting and addressing concerns during special events, festivals and activities. This contact wi12 be maintaiued on weekends as well as � weekdays. Community Notification - The Division of Pazks and Recreation will provide the cotnmunity timely notification regazding ali programming of DownYown parks through contact with the District 17 CapitolRiver Counczl. For Special Events, Festivals and Activities meeting any or all of the following criteria, the Division will notify the District 17 CapitolRiver Council at least 60 days** prior to the proposed event date: 1) Expected attendance of over 750 persons for the entire event 2) The sale of food within the pazk 3) The sale of beer, wine or alcohol within the pazk 4) Event produced through a non-city promoter ** For events proposed to the Division within the 60 day notification - window, District 17 will be notified of the proposal within two working days. ' For Special Events, Festivals and Activities which do not meet any of the listed criteria, the Division will provide District 17 CapitolRiver Council with a listing of scheduled events for Downtown pazks on a monthly basis. The District 17 CapitolRiver Council shoutd notify the Superintendent of Parks and Recreation of any objections related to proposed events at the eazliest possible opporhznity. This notification should be no later than two working days after the regulaz monthly meeting held following the receipY of event information from the Division of Pazks and Recreation. n:\group\div\wp\pazkcomm�cesoluti\downrown397 POLICY TYPE: X Public Govemance Process � Operations _ Cornmission Relationship DATE APPROVED: FURTHER ACTION TO BE TAKEN: None Resolution/Ordinance X Distribute TIZEINSMIT TO: Mayor, City Council, Commissioners, Division Managers ;. Downtown Parks c� �� S a- Event Proposal Summary Event Name: Date(s): Time(s): Event Producer/Principals: Attendance (est): �vent Description: Public Benefit (Please Describe): Potential Tmpact to Parlc: Tent or Canopy: ❑ Yes ❑ No (If yes must indicate location on diagram) Potential Impacts to Surrounding/Neighboring Community (parlcing, noise, access): Street Closures: ❑ Yes ❑ No (If yes must indicate location on diagram) Noise Variance Application: O Yes ❑ No Block Party Permit: ❑ Yes ❑ No Security Description: Security Required: ❑ Police Officer, ❑ Ranger Notification, � Private, � None Other: Licenses Required: ❑ Liquor, ❑ Catering, o Block Party, ❑ Other City Approved Food/Beverage Service Locations: (indicate locations on diagram) Fees and Ch:►rges (reryuired): Facility Charge: Damage Deposit: Clean-Up Deposit: Clean-Up completed by (time): (Attached eopy of proposed event layout required) ** Any chnnges to the proposnl ns snmmuizeJ above will 6e prompUy forwarded to recipien[s � '^N . 1 RSSOLVSD, that the City supporta the execution of a design-build contract between 2 the State ot Minneaota (State), as owner, and Ryan Companies and Hammel Gzeen and 3 Abrahamaon, Inc. (Ryan/HGA), as deaign-builder, £or the deaign and construction of a 4 new facility for the Minnesota Department of Revenue (the Project) in the Capitol 5 Area. 6 7 8 9 19 11 12 23 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION Preaented By Referred To CITY OF Council File # - 1 ` � � Green Sheet # RESOLVED, that the City ackncwledgea that phaeed relocation and occugancy of the Department of Revenue must commence on or about Septecnber 1, 1998 with fi.nal occupancy on November 30, 1998 for the propoaed Project. RESOLVSD, that the City acknowledges"that the proposed Project wiil require full and in¢nediate attention from appropriate City atafE regarding permits, inapections, and other administrative decisions to'complete the propoaed Project on achedule. The City acknowledgea that any delay in receiving input or approvals may be the reason for delay of occupancy. RESOLYED, That the City acknowledges the schedule is of critical importance on this proposed Project and fully embracea the challenge of providing the following items when required: 1. Completing the vacation oE 13th Street in a timely manner sufficient to ensure no Project delays; and if neceasary, to provide a temporary conatruction permit. 2. Allowing construction over the aewer located within 13th Street with adequate accesa to the aewer aystem or if desired by the State, the relocation of the existing sewer system as a Project cost except that engineering will be provided by the City; and 3. Performing City permitting and inspections in a lawful and accelerated manner, including phased permitting, so as not to cause delaye in the completion of the Project; RSSOLVED, that if requeated by the State, the City agrees to make Lot V available to the State at no cost through Deeember 31, 1998 and hereby authorizea appropriate City officials to execute agreement for thia purpose. Such agreement shall pranide a 30 day cancellation provision effective at the City's option anytime after Hay 1, 1448. RSSOLVED, that the City acknowledges that the RyanfHGA proposal included obtaining an unconditional performance hond in the amount of $6.2 million on or before the execution of the design-build agreement. This bond is available to be utilized in the event the buildinq is not suYficiently completed to allow a phased relocation and occupancy commencinq on or about September 1, 1998 with final occupancy prior to Hovember 3D, 1998. �� 2 3 4 5 6 7 8 9 10 11 - 12 13 14 15 ASSOLVSD, that the City ahall be responaible for performance of ite responsibilities as identified in thie resolution and to that effect the City shall have the appropriate City officials enter an agreement with RyanjHGA containing a City indemni£ication for azey payments of the $6.2 million perforraance bond make to the State whieh are attributable to delays caused by the failure of the City to perform any of its said responsibilitiea. Requested by Department of: /� /'�'a-�"7L By: f �--.� ✓ 4 Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: By: Form Approved by City Attorney s ��---- � (' � � -as- 9 Date Approved by Mayor for Submission to cauncil s J L�- �)C � � _ __}_ ' , �, �,,,�_ \�" lq,�( � Council File # G� 5Z .�� .��r.�r�.� � , Green Sheet # � Ordinance # �-- �-��l ��'� 7 - ORDI � NCE ,�jr �� S I AUL, MINNESOTA � Presented Referred To Committee Date An ordinance amending Chapter 366 of the Saint Paul Legislative Code to require pernvts for use of downtown pazks for community festivals and special events THE COUNCIL OF THE CITY OF SAINT PAUL DOES HEREBY ORDAIN: Section 1 Section 366 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 366.01. Permits, exceptions and special options. (a) Permit required. No person or organization shall use any public street, sidewalk or alley for a block pariy, community festivai or special event in the city without a permit. (b) Exception to fee, insurance and indemnity requirements. Because the policy of the city is to encourage the holding of small block parties that do not adversely impact traffic, parking and public safety, the provisions of sections 366.03, 366.04(a), 366.04(c) and 366.04(d) shall not apply to block parties, community festivals or special events that meet the following chazacteristics: (1) No food or beverages are sold to the public; (2) The street, sidewalk or alley involved is totally residential in nature and does not cover an area greater than one (1) city block in length (two (2) block faces constitute one (1) block in length) and does not encompass an intersection; (3) The event is held between the hours of 8:00 a.m. and sunset; and (4) Application for a permit is made at least thirty (30) calendar days prior to the event; provided, however, that the time limit may be waived by the chief of police in his or her discretion ugon a determination of hardship to the applicant and no adverse effect on public health, safety or welfare. (c) Special option for ciry parks. A person or organization authorized by the division of parks and recreation to use city park property need not apply for a permit, as described herein, so long as the block party, community festival or special event will occur whoily on park property (excluding parkways adjacent to public streets), and the number of people �� P ��+ f expected to attend is five thousand (5,000) or less. Nothing herein is intended to�prohibit such a person or organization for applying for a pernut under this chapter even though eligible for Q R-5Z _.:. :....>,:-....: ,...;.,; ,a .....,.,,,_.... the faregoing special option. � ..:.�=<t� :Y�a�x;:s.. ::.;�#?�s;,:":::�`;%��;r. �'��r•��:��;:�5�s��-::-. _: . i.. .i�i�... . inc.'::. �...:.o��..�... l�iF��:::�.:..n.:.�....L i ......9 .. ... .i .:...:..... ..n.:.'.....__ii... _ _ a.i.n�. .. . .. ._. .._ _.. �� (d) Not exclusive permit. Pernuts issued hereunder do not supersede or staud in lieu of permits issued under Chapter 366A of this Legislative Code relating to mazches, demonstrations and public gatherings, which shall be obtained for all acfivities, functions and events required by that chapter. Applicants for Chapter 366A permits shall be required to meet only the terms and conditions of that chapter for 366A permits without regazd to their entitlement or lack of entitlement to a permit hereunder. Sec. 366.02. Definitions. (a) The term "block party" shall mean a neighborhood social gathering of persons residing in one (1) city block or two (2) adjacent city blocks where the street or alley sought to be closed and used for the gathering is completely residential in nature and where the area to be used for the gathering does not cover an azea greater than one (1) city block in length (two (2) block faces adjoining one (1) street constitutes one (1) city block). (b) The term "community fesrival" shall mean a public gathering of persons for social, recreational and/or artistic purposes whose location can be predeternuned and fixed. (c) The term "special evenY' shall mean any scheduled public event or gathering of persons for athletic events such as bicycle or iuuuiug races, pazades for purely social and recreational purposes, and any other events moving from one (1) location to another. Sec. 366.03. Permit fees; determination of number of blocks; traffic-control fee. (a) The fee for a pernut shall be fifty dollars ($50.00) for events not more than one (1) city block in length and twenty-five dollars ($25.00) for each additional block included within the azea of the block party, community festival or special event up to a m�imum fee of two hundred dollars ($200.00). (b) The determination of the number of blocks sha11 be based on the estimate of the committee set out in section 366.04(e) of this chapter after consultation with the organizers of the event. Fees collected shall not be refundable. (c) In addition to the fee for processing the permit, applicants for a permit hereunder shall be required to submit, before the permit is issued, a traffio-control fee in an amount established by the chief of police or his or her designee. The traffic-control fee shall cover the cost to the city of providing sufficient o�cers to regulate traffic and maintain public arder. The tr�o-control fee shall be based on consideration of the following information, which the applicant is required to submit to the police chief or his or her designee, and which sha11 serve as standards to guide his or her discretion: (1) The proposed route or location for the block party, community festival or special event; (2) The time of day that the event is to take place; (3) The date and day of the week proposed; - �"'rSZ, (4) The general tr�c conditions in the azea requested, both vehicular and pedestrian, with special attention being given to the rerouting of vehicles or pedestrians normally using the requested area; (5) The number of mazked and nnmarked intersections along the route requested, together with the traffio-control devices present; (6) If trafFic must be completely rerouted from the azea, then the number of marked and unmazked intersections and the tr�o-control devices aze taken into consideration; ('� The estimated number of participants and vehicles; (8) The estimated nuxnber of viewers; (9) The nature, composition, format and configurarion of the block party, community festival or special event; (10) The anticipated weather conditions; (11) The estimated time or durafion of the block pariy, coxnmunity festival or special event; (12) The plan of the applicant far emergency medical services for participants in the event; and (13) Provisions arranged far and made by the applicant for handicapped parking. Sec. 366.04. Requirements for a permit. (a) Application; time limit. Application for a permit shall be submitted to the police department at least sixty (60) calendar days prior to the event. The time limit may be waived by the police chief or his or her designee upon submission of proof of extreme hazdship on the part of the applicant. (b) Consent. All applications shall be accompanied by the written consent of sixty (60) percent of property owners or tenants (if the property is not owner-occupied) of property adyacent to the portion of the public street, sidewalk or a11ey sought to be used for the block ,., . oartv, communitv festival or sroecial event��i"s�'::�'��<.:�:v��1�[�sis P�::�e�l��r�=1?�:ari ��pi�C�� c�i��c�#�;YxS�;ii� ��' �,S��e7�� t�'�. lY it is not practicable to obtain the written consent of sixty (60) percent of property owners or tenants for block parties, community festivals or special events lazger than three (3) city blocks in length, the council may waive the consent requirement upon a written petition submitted to the police chief, which petition sets forth why the written consent of sixty (6Q) percent of property owners or tenants is not pracficable. The police chief shall then forwazd the petition to the city council for its consideration. No permit shall be granted without such consent being filed with the police department unless waived by the council as provided above. �' k�-�� s i (c) Insurance. All applications shall be accompanied by evidence in the form of a�,�Z properly executed certificate of insurance that the city is protected as a joint insuted under a comprehensive public liability insurance policy against all liability or claims which xnight arise out of the holding of the block pariy, community festival or special event, the insurance coverage to be in the amounts not less than one hundred thousand dollazs ($100,000.00) for injury or damage to any person or properiy and not less than three hundred thousand dollazs ($300,000.00) in the aggregate aznount for any number of claims arising out of a single occurrence. (d) Indemnity agreement. Applications shall be accompanied by either: (1) A written agz'eement by the person or persons seeking the permit that he, she or they will defend, hold harmless and indemnify the city, its employees, agents and officers against all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by the block party, community festival or special event, which by agreement shall also provide for the repair of or payment for damages to public properry; or (2) Evidence in the form of a properly executed certificate of casualty and property damage insurance which will insure all public or city property within the area of the block pariy, community festival or special event against loss. This certificate shall be accompanied by a written agreement that the person(s) will indemnify the city up to the amount of any deductible applicable to such casualty and properiy damage insurance; or (3) Upon a showing of financial hardship, a block party, commuxuty festival or special event which is no longer than three (3) days in duration may submit a petition to the police chief or his or her designee for a waiver of the requirements of subsections (1) and (2) above. (e) Review and recommendation. Each application for a permit shall be referred to a committee consisting of representatives from the departments of fire, police and public works and the divisions or offices of public health, licensing, and parks and recreation for its review and recommendation as to whether the requested use will unnecessarily interfere with public travel on the street or alley proposed to be used and if there are other health and safety issues which need to be addressed. Such committee may also recommend terms and condifions necessary in its judgment to protect the public peace, health and safety, including lnniting the portion of the street or alley that may be used for the event, the hours thereof, and the type and number of blockades or warning devices that aze to be provided for the safety of motorists and the protection of those persons participating in the block party, community festival or special event. (fj Fee, bond and insurance exemption. This review and recommendation by the aforementioned committee sha11 exempt the block party, community festival or special event from any additional fees under section 125.02 of the Legislauve Code and from the requirements of sections 125.12 and 125.13 of the Legislative Code. (g) Notifzcation. The committee shall have discretion to require the pernuttee to give notice to any properly owner or organization which may be affected by such pazade, block party or special event, and/or to any neighborhood or community-based organization through ar in whose organizational area the pazade, block party or special event may take place. Sec. 366.05.1. Issuance of permit; conditions. . . � . _ . .` q-� 5Z The coxsunittee shall have the power to recommend and the council, upon notice and hearing, shall have the power to impose reasonable conditions upon any permit issued under this chapter in response to mulriple resident complaints about the orderliness, safe operation and impact on the surrounding neighborhood of any block party, community festival or special event, and such conditions sha11 not be construed as adverse actions as defined in section 310A1. Such condirions may include, but are not limited to, time, manner and place restrictions on the sale of alcoholic beverages, the fiu•uishing by the applicant(s) of security services for the event and restrictions on the location and use of loudspeakers. In deciding whether or not to impose conditions, the council may consider the hazdship to the block party, community festival or special event organizers in meeting the conditions before the event. Nothing herein shall be construed to allow noncompliance with the noise ordinance. Sec. 366.05.2. Licensed vendors; restrictions. No food vendor or peddler licensed under Chapter 331 as a Class G itinerant food establishment or Class N mobile food service establishment or licensed under Chapter 345 sha11 operate his or her business within two thousand (2,000) feet of any area for which a permit has been issued under this chapter, except when such licensee has obtained written permission from the organizers of the event. Sec. 366.06. Hours. No block pariy shall commence before 8:00 am. nor continue after 11:00 p.m. Sec. 366.07. Violation; penalty. Any person who violates any provision of this chapter or who violates any condition ar requirement of a permit issued pursuant to this chapter shall be guilty of a misdemeanor. Section 2 This ordinance shall take effect and be in farce thirty (30) days following its passage, approval and publication. Requested by Department of: By: Adopted by Council: Date tlry Form Approved by City Attorney l /// � ;' `� Adoption Certified by Counc' Secretary B�, �/� �a ��-- B �'� " `°-- �- ��`� Approved by Mayor for Submission to Approved by Mayor: Date _ Council By: By� P -��-- .� �-� °I � � S �-- � � �- `��.?�9� �� .S Blake Bostrom Collins Harris Megard Morton Thune Requested by Depaztment of: � � Foctn Approved by City Attorney FA: � co By: �kdeflEed by Council: Date � � � �qq � t=A. w.¢E 'i`—�— akdoplion Certified by Council Secretaty Approved by Mayor for Submission ro Council By: ��\ � �—__ gy. Approved by Mayor: � ��z DEPARTMENT/OFPICE/COUNCIL DATEINITIATED GREEN SHEE N� 36441 Cit Council -- - CONTACTPERSONBPHONE O�EPARTMENiDIRECfOR ❑CRYCOUNCIL �NRIAVDATE Dave Thune 266-8620 p��GN O CINATTOflNEV O CRV CLERK MUST BE ON CAUNCIL AGENDA BY (DATE) NIIYBFA FOR � BUDGET DIRECTOP � FIN. & MGT. SERVICES DIR. NOUi1NG ORDER O MAVOR (OR ASSISTANn � TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATURE) ACfION REQUESTED: Ordinance amending Chapter 366 to require permits for the use of downtown parks for co�unity festivals. PECOMMENOAnONS: npprove (A) or Rejea (R) PERSONAL SERVICE CONTRACTS MU57 ANSWER TNE FOLLOWING �UESTIONS: _ PI.ANNING COMMISSION _ CIVIL SERVICE CAMMISSION �• Has this person/Firtn ever worked under a coMrac[ for this departmeM? - _ GB COMMI7TEE _ YES NO _ S7AFC 2. Has ihis persoNfirm ever been a Ciry employee? — XES NO _ DI5TRIC7 COURT — 3. Does this personflirm possess a skill not nortnally possessed by any curtem ciry employee? SUPPOflTSWHICHCOUNCILO&IECTiVE7 YES NO Explain alf yes answers on separete sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPoRTUNITY (Who, What, When, Where. Why): Nearness of businesses and residential buildings to downtown parks shan3d restrict%downtown parks from the special option provision of Chapter 366. ADVANTAGESIFAPPROVED: ' Downtown parks will require Council approval for use as a community festival location. DISA�VANTAGES IFAPPROVED: None. .,�b".i ;��At;'� . � �,��?as: ., .... �:=r'�''s � "� i�� DISADVANTAGES IF NOT APPROVED: , Status will continue. TOTAL AMOUNT OF TRANSACTION $ COST/fiEVENUE BUDGE7ED (CIHCLE ONE) YES NO FUNDING SOURCE NCTIVITY NUMBEH FINANCIAL INFORMATION: (EXPLAIN) _ gaint 0 °I �1- s a. .tion C . 1 300 Ciry Hall Annex, 25 W. 4th Street, Saint Paul, MN 55102 -- 612R66-6400 February 20, 1997 To: From: Subject: City Council President Dave Thune Councilmember Jerry Blakey Councilmember Michael Harris Councilmember Roberta Megard Councilmember Janice Rettman Councilmember Daniel Bostrom Councilmember Mark Mauer Jill Danner, Chair Saint Paul Parks and Recreation Commission Council Resolution 97-52 Amending Chapter 366 of the Saint Paul Legislative Code On January 29, the City Council laid over resolution 97-52 to February 26 for its third reading and public hearing. � In order to allow adequate time to review and comment on this resolution, the Commission is requesting that it be fiu-ther laid over to Anri13� This additional lay over is necessary i) to allow for this issue to be listed and discussed as part of the Commission's March 12 meeting agenda and 2) for continuation of discussions with city staff and District 17. The Commission had first become involved in working towards identifying solutions to some of the special circumstances associated with events in downtown parks after being approached by the District 17 Community Council in August, 1996. At the Commission's December meeting, Commissioner Kazen Skwira (herself a downtown resident), was designated to formally chair discussions between the Community Council, Parks staff and the Commission. The Commission appreciates the opportunity to provide comments on this important issue. Please contact me at 224-7910 or Mike Hahm 266-6444 if you have any questions concerning this request. JD/mh cc: Mayor Coleman Robert P. Piram District 17 Community Council Saint Paul Pazks and Recreation Commissioners: Jill Danner, Chairperson; Terrence Huntrods, Vice-Chairperson Liz Anderson, Kenneth Mauer, John O'Halloran, Altin Paulson, Phil Ravitzky, Kazen Skwira, Xang Vang s; i p � � �_ Sa- Interdepartmental Memorandum � CITY OF SAINT PAUL June 23, 1997 To: City Council President Dave Thune Councilmember Jerry Blakey Councilmember Michaei Harris Councilmember Roberta Megard Councilmember Joe Coilins Councilmember Daniel Bostrom Councilmember Gladys Morton From: Robert P. Piram, Superintende� Division of Parks and Recreation , Subject: Resolution 97-52, Amending Chapter 366 of the Legislative Code On Wednesday, June 18, the City Council passed resolution 97-52, amending Chapter 366 of the Legislative Code. { am requesti�g that the City Council reconsider this item at the next appropriate meeting. The purpose for reconsidering is to evaluate the attached "Policy for the Use of Downtown Parks" as an alternative to amending the Legislative Code as proposed in 97-52. Unfortunately, the Division did not present testimony on this item at the last Wednesday's meeting. Although I had planned to speak, I was unable to address to Council due to the combination of the public hearings running late and a previously scheduled commitment to attend a community meeting in Phalen Park at 6:00 p.m. It was not possible to locate other Division staff to testify. The attached "Policy for the Use of Downtown Parks" was formulated in cooperation with representatives of the District 17 CapitolRiver Council, the Parks and Recreation Commission, and City staff. Based upon the successful development of this "Policy for the Use of Downtown Parks", the Division recommends that the City Council reiect the proposed change to Chapter 366 of the Legislative Code. The Division believes that the attached policy responds to the concerns raised by the downtown community without impairing the City's ability to provide quality programming and events downtown. � Resolution 97-52 June 23, 1997 page two � r l _ S" a--- On Wednesday, June 18, the District 1-7 CapitolRiver Councif formally authorized its support of the attached policy. It is anticipated that the Parks and Recreation Commission will formaily adopt the policy at its next regular meeting, on July 9. After Yhe Commission adopts the policy, it will be transmitted to the City Council. A City Councii resolution accepting and approving the policy will also be originated at that time. When the proposal to amend Chapter 366 of the Legislative Code was first considered, the Division of Parks and Recreation expressed several concerns related to negative impacts that it would cause to the City's efforts to provide programs and events downtown. These concerns were specifically related to the short timelines involved in staging many events and the proposed requirement to obtain consent approvals from adjoining property owners for a(I events. As the primary provider of programming in downtown parks, the impact to the Division created by the proposed change would be great and programming would be jeopardized. At that time it was suggested that the City Council lay-over action on the proposed changes to allow the Parks and Recreation Commission an opportunity to develop a"Policy for the use of Downtown Parks". The lay-over allowed time for the Division to work with the Parks and Recreation Commission, the downtown community and the District 17 CapitolRiver Council in seeking an appropriate solution related io programming in downtown parks. It was anticipated that the policy could address the community's concerns related to downtown parks without impairing the City's ability to provide programming downtown. Given this information and upon review of the attached policy, I hope that you find it appropriate to reconsider 97-52. If you have any questions concerning this request, please contact me at 266-6404. RPP/mh cc: Tim Marx n:\mearmemo.697 SAINT PAUL PARKS AND RECREATION COMD�SSION �� v s � _ SUBJECT: USE OF DOWNTOWN PARKS FOR SPECIAL EVENTS, FESTIVALS ANA ACTIVITIES PURl'OSE: Downtown pazks set the tone for businesses, residents and visitors who come to downtown Saint Paul. These parks aze designed to be atcractive to the resident and casual visitor and to be the site of leisure activities to draw people downtown. The City deterntines the appropriate use of public spaces it operates and maintains. However, these parks aze well used and their capacity to hold certain types of events is lunited. The individuai capacities of downtown parks depends on criteria such as character and design, size of park, type of event, size of crowd and inYensity of use. This policy is intended to provide guidelines for downtown park usage. POLICY: All events and activities being considered for downtown parks shonld be evaluated using the criteria of 1) public benefit or purpose, 2) character of the park, 3)impact on the park and surrounding area and 4) promoter capability to successfully offer the event or activity. In addition, a written agreement between the City and the activity producer shalT cover various conditions related to each event held in a downtown park. Public Benefit - The City should consider the generat pubiic benefit or pubiic purpose when evaluating whether an event or activity should be permitted. C&aracter of the Park - Each downtown park will be evaluated for events and activities based on the design, the potential impact of types of activities and setup options. This evaluation will be done by the managers of Operations, Design and Construction and Special Services. Imnact of Events and Activities Impact on the park - The impact of proposed uses on the pazk and facilities should be evaluated to limit damage to the park resource. Examples of activities which may cause damage include; the presence of food and beverages, the lacation of vendors and the intensity of use. Impact on the surrounding area - When evaluating an event or activity, the unpact of the activity on the park's neighbors (both residenfial and business) sha11 be reviewed. This should take into consideration items such as the frequency with which the park is programmed, the character and size of the event, length and time of event, sound levels and expected draw. Consideration should also be given to muumizing potential conflict(s) with other activities in the park or neighbozhood. Ability of Producer to Successfully Offer the Event - The ability of the event ar activity producer to plan and implement the project should be considered. The producer should have the experience, a viable budget and fmancing plan, the capacity to offer the event, and have met any past financial obligations with regazd to previously held activities, festivais or events. Conditions of an Agreement - Each event or activity that requires a contract should be covered by a written agreement that covers items such as (but not 1'united to): nahzre of event, fees and charges, mazketing and promotion, notification requirements, setup conditions, street use, licensing requirements, security, cleanup and damage deposits and timelines. Under no circumstances shall arrangements for damage deposits and cleanup and repair be waived. �� _Sa- Event Mana�ement - The Division of Pazks and Recreation will maintain a direct contact with on-site staff for the purpose of monitoring, reporting and addressing concerns during special events, festivals and activities. This contact wi12 be maintaiued on weekends as well as � weekdays. Community Notification - The Division of Pazks and Recreation will provide the cotnmunity timely notification regazding ali programming of DownYown parks through contact with the District 17 CapitolRiver Counczl. For Special Events, Festivals and Activities meeting any or all of the following criteria, the Division will notify the District 17 CapitolRiver Council at least 60 days** prior to the proposed event date: 1) Expected attendance of over 750 persons for the entire event 2) The sale of food within the pazk 3) The sale of beer, wine or alcohol within the pazk 4) Event produced through a non-city promoter ** For events proposed to the Division within the 60 day notification - window, District 17 will be notified of the proposal within two working days. ' For Special Events, Festivals and Activities which do not meet any of the listed criteria, the Division will provide District 17 CapitolRiver Council with a listing of scheduled events for Downtown pazks on a monthly basis. The District 17 CapitolRiver Council shoutd notify the Superintendent of Parks and Recreation of any objections related to proposed events at the eazliest possible opporhznity. This notification should be no later than two working days after the regulaz monthly meeting held following the receipY of event information from the Division of Pazks and Recreation. n:\group\div\wp\pazkcomm�cesoluti\downrown397 POLICY TYPE: X Public Govemance Process � Operations _ Cornmission Relationship DATE APPROVED: FURTHER ACTION TO BE TAKEN: None Resolution/Ordinance X Distribute TIZEINSMIT TO: Mayor, City Council, Commissioners, Division Managers ;. Downtown Parks c� �� S a- Event Proposal Summary Event Name: Date(s): Time(s): Event Producer/Principals: Attendance (est): �vent Description: Public Benefit (Please Describe): Potential Tmpact to Parlc: Tent or Canopy: ❑ Yes ❑ No (If yes must indicate location on diagram) Potential Impacts to Surrounding/Neighboring Community (parlcing, noise, access): Street Closures: ❑ Yes ❑ No (If yes must indicate location on diagram) Noise Variance Application: O Yes ❑ No Block Party Permit: ❑ Yes ❑ No Security Description: Security Required: ❑ Police Officer, ❑ Ranger Notification, � Private, � None Other: Licenses Required: ❑ Liquor, ❑ Catering, o Block Party, ❑ Other City Approved Food/Beverage Service Locations: (indicate locations on diagram) Fees and Ch:►rges (reryuired): Facility Charge: Damage Deposit: Clean-Up Deposit: Clean-Up completed by (time): (Attached eopy of proposed event layout required) ** Any chnnges to the proposnl ns snmmuizeJ above will 6e prompUy forwarded to recipien[s � '^N . 1 RSSOLVSD, that the City supporta the execution of a design-build contract between 2 the State ot Minneaota (State), as owner, and Ryan Companies and Hammel Gzeen and 3 Abrahamaon, Inc. (Ryan/HGA), as deaign-builder, £or the deaign and construction of a 4 new facility for the Minnesota Department of Revenue (the Project) in the Capitol 5 Area. 6 7 8 9 19 11 12 23 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION Preaented By Referred To CITY OF Council File # - 1 ` � � Green Sheet # RESOLVED, that the City ackncwledgea that phaeed relocation and occugancy of the Department of Revenue must commence on or about Septecnber 1, 1998 with fi.nal occupancy on November 30, 1998 for the propoaed Project. RESOLVSD, that the City acknowledges"that the proposed Project wiil require full and in¢nediate attention from appropriate City atafE regarding permits, inapections, and other administrative decisions to'complete the propoaed Project on achedule. The City acknowledgea that any delay in receiving input or approvals may be the reason for delay of occupancy. RESOLYED, That the City acknowledges the schedule is of critical importance on this proposed Project and fully embracea the challenge of providing the following items when required: 1. Completing the vacation oE 13th Street in a timely manner sufficient to ensure no Project delays; and if neceasary, to provide a temporary conatruction permit. 2. Allowing construction over the aewer located within 13th Street with adequate accesa to the aewer aystem or if desired by the State, the relocation of the existing sewer system as a Project cost except that engineering will be provided by the City; and 3. Performing City permitting and inspections in a lawful and accelerated manner, including phased permitting, so as not to cause delaye in the completion of the Project; RSSOLVED, that if requeated by the State, the City agrees to make Lot V available to the State at no cost through Deeember 31, 1998 and hereby authorizea appropriate City officials to execute agreement for thia purpose. Such agreement shall pranide a 30 day cancellation provision effective at the City's option anytime after Hay 1, 1448. RSSOLVED, that the City acknowledges that the RyanfHGA proposal included obtaining an unconditional performance hond in the amount of $6.2 million on or before the execution of the design-build agreement. This bond is available to be utilized in the event the buildinq is not suYficiently completed to allow a phased relocation and occupancy commencinq on or about September 1, 1998 with final occupancy prior to Hovember 3D, 1998. �� 2 3 4 5 6 7 8 9 10 11 - 12 13 14 15 ASSOLVSD, that the City ahall be responaible for performance of ite responsibilities as identified in thie resolution and to that effect the City shall have the appropriate City officials enter an agreement with RyanjHGA containing a City indemni£ication for azey payments of the $6.2 million perforraance bond make to the State whieh are attributable to delays caused by the failure of the City to perform any of its said responsibilitiea. Requested by Department of: /� /'�'a-�"7L By: f �--.� ✓ 4 Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: By: Form Approved by City Attorney s ��---- � (' � � -as- 9 Date Approved by Mayor for Submission to cauncil s J L�- �)C � � _ __}_ ' , �, �,,,�_ \�" lq,�( � Council File # G� 5Z .�� .��r.�r�.� � , Green Sheet # � Ordinance # �-- �-��l ��'� 7 - ORDI � NCE ,�jr �� S I AUL, MINNESOTA � Presented Referred To Committee Date An ordinance amending Chapter 366 of the Saint Paul Legislative Code to require pernvts for use of downtown pazks for community festivals and special events THE COUNCIL OF THE CITY OF SAINT PAUL DOES HEREBY ORDAIN: Section 1 Section 366 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 366.01. Permits, exceptions and special options. (a) Permit required. No person or organization shall use any public street, sidewalk or alley for a block pariy, community festivai or special event in the city without a permit. (b) Exception to fee, insurance and indemnity requirements. Because the policy of the city is to encourage the holding of small block parties that do not adversely impact traffic, parking and public safety, the provisions of sections 366.03, 366.04(a), 366.04(c) and 366.04(d) shall not apply to block parties, community festivals or special events that meet the following chazacteristics: (1) No food or beverages are sold to the public; (2) The street, sidewalk or alley involved is totally residential in nature and does not cover an area greater than one (1) city block in length (two (2) block faces constitute one (1) block in length) and does not encompass an intersection; (3) The event is held between the hours of 8:00 a.m. and sunset; and (4) Application for a permit is made at least thirty (30) calendar days prior to the event; provided, however, that the time limit may be waived by the chief of police in his or her discretion ugon a determination of hardship to the applicant and no adverse effect on public health, safety or welfare. (c) Special option for ciry parks. A person or organization authorized by the division of parks and recreation to use city park property need not apply for a permit, as described herein, so long as the block party, community festival or special event will occur whoily on park property (excluding parkways adjacent to public streets), and the number of people �� P ��+ f expected to attend is five thousand (5,000) or less. Nothing herein is intended to�prohibit such a person or organization for applying for a pernut under this chapter even though eligible for Q R-5Z _.:. :....>,:-....: ,...;.,; ,a .....,.,,,_.... the faregoing special option. � ..:.�=<t� :Y�a�x;:s.. ::.;�#?�s;,:":::�`;%��;r. �'��r•��:��;:�5�s��-::-. _: . i.. .i�i�... . inc.'::. �...:.o��..�... l�iF��:::�.:..n.:.�....L i ......9 .. ... .i .:...:..... ..n.:.'.....__ii... _ _ a.i.n�. .. . .. ._. .._ _.. �� (d) Not exclusive permit. Pernuts issued hereunder do not supersede or staud in lieu of permits issued under Chapter 366A of this Legislative Code relating to mazches, demonstrations and public gatherings, which shall be obtained for all acfivities, functions and events required by that chapter. Applicants for Chapter 366A permits shall be required to meet only the terms and conditions of that chapter for 366A permits without regazd to their entitlement or lack of entitlement to a permit hereunder. Sec. 366.02. Definitions. (a) The term "block party" shall mean a neighborhood social gathering of persons residing in one (1) city block or two (2) adjacent city blocks where the street or alley sought to be closed and used for the gathering is completely residential in nature and where the area to be used for the gathering does not cover an azea greater than one (1) city block in length (two (2) block faces adjoining one (1) street constitutes one (1) city block). (b) The term "community fesrival" shall mean a public gathering of persons for social, recreational and/or artistic purposes whose location can be predeternuned and fixed. (c) The term "special evenY' shall mean any scheduled public event or gathering of persons for athletic events such as bicycle or iuuuiug races, pazades for purely social and recreational purposes, and any other events moving from one (1) location to another. Sec. 366.03. Permit fees; determination of number of blocks; traffic-control fee. (a) The fee for a pernut shall be fifty dollars ($50.00) for events not more than one (1) city block in length and twenty-five dollars ($25.00) for each additional block included within the azea of the block party, community festival or special event up to a m�imum fee of two hundred dollars ($200.00). (b) The determination of the number of blocks sha11 be based on the estimate of the committee set out in section 366.04(e) of this chapter after consultation with the organizers of the event. Fees collected shall not be refundable. (c) In addition to the fee for processing the permit, applicants for a permit hereunder shall be required to submit, before the permit is issued, a traffio-control fee in an amount established by the chief of police or his or her designee. The traffic-control fee shall cover the cost to the city of providing sufficient o�cers to regulate traffic and maintain public arder. The tr�o-control fee shall be based on consideration of the following information, which the applicant is required to submit to the police chief or his or her designee, and which sha11 serve as standards to guide his or her discretion: (1) The proposed route or location for the block party, community festival or special event; (2) The time of day that the event is to take place; (3) The date and day of the week proposed; - �"'rSZ, (4) The general tr�c conditions in the azea requested, both vehicular and pedestrian, with special attention being given to the rerouting of vehicles or pedestrians normally using the requested area; (5) The number of mazked and nnmarked intersections along the route requested, together with the traffio-control devices present; (6) If trafFic must be completely rerouted from the azea, then the number of marked and unmazked intersections and the tr�o-control devices aze taken into consideration; ('� The estimated number of participants and vehicles; (8) The estimated nuxnber of viewers; (9) The nature, composition, format and configurarion of the block party, community festival or special event; (10) The anticipated weather conditions; (11) The estimated time or durafion of the block pariy, coxnmunity festival or special event; (12) The plan of the applicant far emergency medical services for participants in the event; and (13) Provisions arranged far and made by the applicant for handicapped parking. Sec. 366.04. Requirements for a permit. (a) Application; time limit. Application for a permit shall be submitted to the police department at least sixty (60) calendar days prior to the event. The time limit may be waived by the police chief or his or her designee upon submission of proof of extreme hazdship on the part of the applicant. (b) Consent. All applications shall be accompanied by the written consent of sixty (60) percent of property owners or tenants (if the property is not owner-occupied) of property adyacent to the portion of the public street, sidewalk or a11ey sought to be used for the block ,., . oartv, communitv festival or sroecial event��i"s�'::�'��<.:�:v��1�[�sis P�::�e�l��r�=1?�:ari ��pi�C�� c�i��c�#�;YxS�;ii� ��' �,S��e7�� t�'�. lY it is not practicable to obtain the written consent of sixty (60) percent of property owners or tenants for block parties, community festivals or special events lazger than three (3) city blocks in length, the council may waive the consent requirement upon a written petition submitted to the police chief, which petition sets forth why the written consent of sixty (6Q) percent of property owners or tenants is not pracficable. The police chief shall then forwazd the petition to the city council for its consideration. No permit shall be granted without such consent being filed with the police department unless waived by the council as provided above. �' k�-�� s i (c) Insurance. All applications shall be accompanied by evidence in the form of a�,�Z properly executed certificate of insurance that the city is protected as a joint insuted under a comprehensive public liability insurance policy against all liability or claims which xnight arise out of the holding of the block pariy, community festival or special event, the insurance coverage to be in the amounts not less than one hundred thousand dollazs ($100,000.00) for injury or damage to any person or properiy and not less than three hundred thousand dollazs ($300,000.00) in the aggregate aznount for any number of claims arising out of a single occurrence. (d) Indemnity agreement. Applications shall be accompanied by either: (1) A written agz'eement by the person or persons seeking the permit that he, she or they will defend, hold harmless and indemnify the city, its employees, agents and officers against all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by the block party, community festival or special event, which by agreement shall also provide for the repair of or payment for damages to public properry; or (2) Evidence in the form of a properly executed certificate of casualty and property damage insurance which will insure all public or city property within the area of the block pariy, community festival or special event against loss. This certificate shall be accompanied by a written agreement that the person(s) will indemnify the city up to the amount of any deductible applicable to such casualty and properiy damage insurance; or (3) Upon a showing of financial hardship, a block party, commuxuty festival or special event which is no longer than three (3) days in duration may submit a petition to the police chief or his or her designee for a waiver of the requirements of subsections (1) and (2) above. (e) Review and recommendation. Each application for a permit shall be referred to a committee consisting of representatives from the departments of fire, police and public works and the divisions or offices of public health, licensing, and parks and recreation for its review and recommendation as to whether the requested use will unnecessarily interfere with public travel on the street or alley proposed to be used and if there are other health and safety issues which need to be addressed. Such committee may also recommend terms and condifions necessary in its judgment to protect the public peace, health and safety, including lnniting the portion of the street or alley that may be used for the event, the hours thereof, and the type and number of blockades or warning devices that aze to be provided for the safety of motorists and the protection of those persons participating in the block party, community festival or special event. (fj Fee, bond and insurance exemption. This review and recommendation by the aforementioned committee sha11 exempt the block party, community festival or special event from any additional fees under section 125.02 of the Legislauve Code and from the requirements of sections 125.12 and 125.13 of the Legislative Code. (g) Notifzcation. The committee shall have discretion to require the pernuttee to give notice to any properly owner or organization which may be affected by such pazade, block party or special event, and/or to any neighborhood or community-based organization through ar in whose organizational area the pazade, block party or special event may take place. Sec. 366.05.1. Issuance of permit; conditions. . . � . _ . .` q-� 5Z The coxsunittee shall have the power to recommend and the council, upon notice and hearing, shall have the power to impose reasonable conditions upon any permit issued under this chapter in response to mulriple resident complaints about the orderliness, safe operation and impact on the surrounding neighborhood of any block party, community festival or special event, and such conditions sha11 not be construed as adverse actions as defined in section 310A1. Such condirions may include, but are not limited to, time, manner and place restrictions on the sale of alcoholic beverages, the fiu•uishing by the applicant(s) of security services for the event and restrictions on the location and use of loudspeakers. In deciding whether or not to impose conditions, the council may consider the hazdship to the block party, community festival or special event organizers in meeting the conditions before the event. Nothing herein shall be construed to allow noncompliance with the noise ordinance. Sec. 366.05.2. Licensed vendors; restrictions. No food vendor or peddler licensed under Chapter 331 as a Class G itinerant food establishment or Class N mobile food service establishment or licensed under Chapter 345 sha11 operate his or her business within two thousand (2,000) feet of any area for which a permit has been issued under this chapter, except when such licensee has obtained written permission from the organizers of the event. Sec. 366.06. Hours. No block pariy shall commence before 8:00 am. nor continue after 11:00 p.m. Sec. 366.07. Violation; penalty. Any person who violates any provision of this chapter or who violates any condition ar requirement of a permit issued pursuant to this chapter shall be guilty of a misdemeanor. Section 2 This ordinance shall take effect and be in farce thirty (30) days following its passage, approval and publication. Requested by Department of: By: Adopted by Council: Date tlry Form Approved by City Attorney l /// � ;' `� Adoption Certified by Counc' Secretary B�, �/� �a ��-- B �'� " `°-- �- ��`� Approved by Mayor for Submission to Approved by Mayor: Date _ Council By: By� P -��-- .� �-� °I � � S �-- � � �- `��.?�9� �� .S Blake Bostrom Collins Harris Megard Morton Thune Requested by Depaztment of: � � Foctn Approved by City Attorney FA: � co By: �kdeflEed by Council: Date � � � �qq � t=A. w.¢E 'i`—�— akdoplion Certified by Council Secretaty Approved by Mayor for Submission ro Council By: ��\ � �—__ gy. Approved by Mayor: � ��z DEPARTMENT/OFPICE/COUNCIL DATEINITIATED GREEN SHEE N� 36441 Cit Council -- - CONTACTPERSONBPHONE O�EPARTMENiDIRECfOR ❑CRYCOUNCIL �NRIAVDATE Dave Thune 266-8620 p��GN O CINATTOflNEV O CRV CLERK MUST BE ON CAUNCIL AGENDA BY (DATE) NIIYBFA FOR � BUDGET DIRECTOP � FIN. & MGT. SERVICES DIR. NOUi1NG ORDER O MAVOR (OR ASSISTANn � TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATURE) ACfION REQUESTED: Ordinance amending Chapter 366 to require permits for the use of downtown parks for co�unity festivals. PECOMMENOAnONS: npprove (A) or Rejea (R) PERSONAL SERVICE CONTRACTS MU57 ANSWER TNE FOLLOWING �UESTIONS: _ PI.ANNING COMMISSION _ CIVIL SERVICE CAMMISSION �• Has this person/Firtn ever worked under a coMrac[ for this departmeM? - _ GB COMMI7TEE _ YES NO _ S7AFC 2. Has ihis persoNfirm ever been a Ciry employee? — XES NO _ DI5TRIC7 COURT — 3. Does this personflirm possess a skill not nortnally possessed by any curtem ciry employee? SUPPOflTSWHICHCOUNCILO&IECTiVE7 YES NO Explain alf yes answers on separete sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPoRTUNITY (Who, What, When, Where. Why): Nearness of businesses and residential buildings to downtown parks shan3d restrict%downtown parks from the special option provision of Chapter 366. ADVANTAGESIFAPPROVED: ' Downtown parks will require Council approval for use as a community festival location. DISA�VANTAGES IFAPPROVED: None. .,�b".i ;��At;'� . � �,��?as: ., .... �:=r'�''s � "� i�� DISADVANTAGES IF NOT APPROVED: , Status will continue. TOTAL AMOUNT OF TRANSACTION $ COST/fiEVENUE BUDGE7ED (CIHCLE ONE) YES NO FUNDING SOURCE NCTIVITY NUMBEH FINANCIAL INFORMATION: (EXPLAIN) _ gaint 0 °I �1- s a. .tion C . 1 300 Ciry Hall Annex, 25 W. 4th Street, Saint Paul, MN 55102 -- 612R66-6400 February 20, 1997 To: From: Subject: City Council President Dave Thune Councilmember Jerry Blakey Councilmember Michael Harris Councilmember Roberta Megard Councilmember Janice Rettman Councilmember Daniel Bostrom Councilmember Mark Mauer Jill Danner, Chair Saint Paul Parks and Recreation Commission Council Resolution 97-52 Amending Chapter 366 of the Saint Paul Legislative Code On January 29, the City Council laid over resolution 97-52 to February 26 for its third reading and public hearing. � In order to allow adequate time to review and comment on this resolution, the Commission is requesting that it be fiu-ther laid over to Anri13� This additional lay over is necessary i) to allow for this issue to be listed and discussed as part of the Commission's March 12 meeting agenda and 2) for continuation of discussions with city staff and District 17. The Commission had first become involved in working towards identifying solutions to some of the special circumstances associated with events in downtown parks after being approached by the District 17 Community Council in August, 1996. At the Commission's December meeting, Commissioner Kazen Skwira (herself a downtown resident), was designated to formally chair discussions between the Community Council, Parks staff and the Commission. The Commission appreciates the opportunity to provide comments on this important issue. Please contact me at 224-7910 or Mike Hahm 266-6444 if you have any questions concerning this request. JD/mh cc: Mayor Coleman Robert P. Piram District 17 Community Council Saint Paul Pazks and Recreation Commissioners: Jill Danner, Chairperson; Terrence Huntrods, Vice-Chairperson Liz Anderson, Kenneth Mauer, John O'Halloran, Altin Paulson, Phil Ravitzky, Kazen Skwira, Xang Vang s; i p � � �_ Sa- Interdepartmental Memorandum � CITY OF SAINT PAUL June 23, 1997 To: City Council President Dave Thune Councilmember Jerry Blakey Councilmember Michaei Harris Councilmember Roberta Megard Councilmember Joe Coilins Councilmember Daniel Bostrom Councilmember Gladys Morton From: Robert P. Piram, Superintende� Division of Parks and Recreation , Subject: Resolution 97-52, Amending Chapter 366 of the Legislative Code On Wednesday, June 18, the City Council passed resolution 97-52, amending Chapter 366 of the Legislative Code. { am requesti�g that the City Council reconsider this item at the next appropriate meeting. The purpose for reconsidering is to evaluate the attached "Policy for the Use of Downtown Parks" as an alternative to amending the Legislative Code as proposed in 97-52. Unfortunately, the Division did not present testimony on this item at the last Wednesday's meeting. Although I had planned to speak, I was unable to address to Council due to the combination of the public hearings running late and a previously scheduled commitment to attend a community meeting in Phalen Park at 6:00 p.m. It was not possible to locate other Division staff to testify. The attached "Policy for the Use of Downtown Parks" was formulated in cooperation with representatives of the District 17 CapitolRiver Council, the Parks and Recreation Commission, and City staff. Based upon the successful development of this "Policy for the Use of Downtown Parks", the Division recommends that the City Council reiect the proposed change to Chapter 366 of the Legislative Code. The Division believes that the attached policy responds to the concerns raised by the downtown community without impairing the City's ability to provide quality programming and events downtown. � Resolution 97-52 June 23, 1997 page two � r l _ S" a--- On Wednesday, June 18, the District 1-7 CapitolRiver Councif formally authorized its support of the attached policy. It is anticipated that the Parks and Recreation Commission will formaily adopt the policy at its next regular meeting, on July 9. After Yhe Commission adopts the policy, it will be transmitted to the City Council. A City Councii resolution accepting and approving the policy will also be originated at that time. When the proposal to amend Chapter 366 of the Legislative Code was first considered, the Division of Parks and Recreation expressed several concerns related to negative impacts that it would cause to the City's efforts to provide programs and events downtown. These concerns were specifically related to the short timelines involved in staging many events and the proposed requirement to obtain consent approvals from adjoining property owners for a(I events. As the primary provider of programming in downtown parks, the impact to the Division created by the proposed change would be great and programming would be jeopardized. At that time it was suggested that the City Council lay-over action on the proposed changes to allow the Parks and Recreation Commission an opportunity to develop a"Policy for the use of Downtown Parks". The lay-over allowed time for the Division to work with the Parks and Recreation Commission, the downtown community and the District 17 CapitolRiver Council in seeking an appropriate solution related io programming in downtown parks. It was anticipated that the policy could address the community's concerns related to downtown parks without impairing the City's ability to provide programming downtown. Given this information and upon review of the attached policy, I hope that you find it appropriate to reconsider 97-52. If you have any questions concerning this request, please contact me at 266-6404. RPP/mh cc: Tim Marx n:\mearmemo.697 SAINT PAUL PARKS AND RECREATION COMD�SSION �� v s � _ SUBJECT: USE OF DOWNTOWN PARKS FOR SPECIAL EVENTS, FESTIVALS ANA ACTIVITIES PURl'OSE: Downtown pazks set the tone for businesses, residents and visitors who come to downtown Saint Paul. These parks aze designed to be atcractive to the resident and casual visitor and to be the site of leisure activities to draw people downtown. The City deterntines the appropriate use of public spaces it operates and maintains. However, these parks aze well used and their capacity to hold certain types of events is lunited. The individuai capacities of downtown parks depends on criteria such as character and design, size of park, type of event, size of crowd and inYensity of use. This policy is intended to provide guidelines for downtown park usage. POLICY: All events and activities being considered for downtown parks shonld be evaluated using the criteria of 1) public benefit or purpose, 2) character of the park, 3)impact on the park and surrounding area and 4) promoter capability to successfully offer the event or activity. In addition, a written agreement between the City and the activity producer shalT cover various conditions related to each event held in a downtown park. Public Benefit - The City should consider the generat pubiic benefit or pubiic purpose when evaluating whether an event or activity should be permitted. C&aracter of the Park - Each downtown park will be evaluated for events and activities based on the design, the potential impact of types of activities and setup options. This evaluation will be done by the managers of Operations, Design and Construction and Special Services. Imnact of Events and Activities Impact on the park - The impact of proposed uses on the pazk and facilities should be evaluated to limit damage to the park resource. Examples of activities which may cause damage include; the presence of food and beverages, the lacation of vendors and the intensity of use. Impact on the surrounding area - When evaluating an event or activity, the unpact of the activity on the park's neighbors (both residenfial and business) sha11 be reviewed. This should take into consideration items such as the frequency with which the park is programmed, the character and size of the event, length and time of event, sound levels and expected draw. Consideration should also be given to muumizing potential conflict(s) with other activities in the park or neighbozhood. Ability of Producer to Successfully Offer the Event - The ability of the event ar activity producer to plan and implement the project should be considered. The producer should have the experience, a viable budget and fmancing plan, the capacity to offer the event, and have met any past financial obligations with regazd to previously held activities, festivais or events. Conditions of an Agreement - Each event or activity that requires a contract should be covered by a written agreement that covers items such as (but not 1'united to): nahzre of event, fees and charges, mazketing and promotion, notification requirements, setup conditions, street use, licensing requirements, security, cleanup and damage deposits and timelines. Under no circumstances shall arrangements for damage deposits and cleanup and repair be waived. �� _Sa- Event Mana�ement - The Division of Pazks and Recreation will maintain a direct contact with on-site staff for the purpose of monitoring, reporting and addressing concerns during special events, festivals and activities. This contact wi12 be maintaiued on weekends as well as � weekdays. Community Notification - The Division of Pazks and Recreation will provide the cotnmunity timely notification regazding ali programming of DownYown parks through contact with the District 17 CapitolRiver Counczl. For Special Events, Festivals and Activities meeting any or all of the following criteria, the Division will notify the District 17 CapitolRiver Council at least 60 days** prior to the proposed event date: 1) Expected attendance of over 750 persons for the entire event 2) The sale of food within the pazk 3) The sale of beer, wine or alcohol within the pazk 4) Event produced through a non-city promoter ** For events proposed to the Division within the 60 day notification - window, District 17 will be notified of the proposal within two working days. ' For Special Events, Festivals and Activities which do not meet any of the listed criteria, the Division will provide District 17 CapitolRiver Council with a listing of scheduled events for Downtown pazks on a monthly basis. The District 17 CapitolRiver Council shoutd notify the Superintendent of Parks and Recreation of any objections related to proposed events at the eazliest possible opporhznity. This notification should be no later than two working days after the regulaz monthly meeting held following the receipY of event information from the Division of Pazks and Recreation. n:\group\div\wp\pazkcomm�cesoluti\downrown397 POLICY TYPE: X Public Govemance Process � Operations _ Cornmission Relationship DATE APPROVED: FURTHER ACTION TO BE TAKEN: None Resolution/Ordinance X Distribute TIZEINSMIT TO: Mayor, City Council, Commissioners, Division Managers ;. Downtown Parks c� �� S a- Event Proposal Summary Event Name: Date(s): Time(s): Event Producer/Principals: Attendance (est): �vent Description: Public Benefit (Please Describe): Potential Tmpact to Parlc: Tent or Canopy: ❑ Yes ❑ No (If yes must indicate location on diagram) Potential Impacts to Surrounding/Neighboring Community (parlcing, noise, access): Street Closures: ❑ Yes ❑ No (If yes must indicate location on diagram) Noise Variance Application: O Yes ❑ No Block Party Permit: ❑ Yes ❑ No Security Description: Security Required: ❑ Police Officer, ❑ Ranger Notification, � Private, � None Other: Licenses Required: ❑ Liquor, ❑ Catering, o Block Party, ❑ Other City Approved Food/Beverage Service Locations: (indicate locations on diagram) Fees and Ch:►rges (reryuired): Facility Charge: Damage Deposit: Clean-Up Deposit: Clean-Up completed by (time): (Attached eopy of proposed event layout required) ** Any chnnges to the proposnl ns snmmuizeJ above will 6e prompUy forwarded to recipien[s � '^N . 1 RSSOLVSD, that the City supporta the execution of a design-build contract between 2 the State ot Minneaota (State), as owner, and Ryan Companies and Hammel Gzeen and 3 Abrahamaon, Inc. (Ryan/HGA), as deaign-builder, £or the deaign and construction of a 4 new facility for the Minnesota Department of Revenue (the Project) in the Capitol 5 Area. 6 7 8 9 19 11 12 23 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION Preaented By Referred To CITY OF Council File # - 1 ` � � Green Sheet # RESOLVED, that the City ackncwledgea that phaeed relocation and occugancy of the Department of Revenue must commence on or about Septecnber 1, 1998 with fi.nal occupancy on November 30, 1998 for the propoaed Project. RESOLVSD, that the City acknowledges"that the proposed Project wiil require full and in¢nediate attention from appropriate City atafE regarding permits, inapections, and other administrative decisions to'complete the propoaed Project on achedule. The City acknowledgea that any delay in receiving input or approvals may be the reason for delay of occupancy. RESOLYED, That the City acknowledges the schedule is of critical importance on this proposed Project and fully embracea the challenge of providing the following items when required: 1. Completing the vacation oE 13th Street in a timely manner sufficient to ensure no Project delays; and if neceasary, to provide a temporary conatruction permit. 2. Allowing construction over the aewer located within 13th Street with adequate accesa to the aewer aystem or if desired by the State, the relocation of the existing sewer system as a Project cost except that engineering will be provided by the City; and 3. Performing City permitting and inspections in a lawful and accelerated manner, including phased permitting, so as not to cause delaye in the completion of the Project; RSSOLVED, that if requeated by the State, the City agrees to make Lot V available to the State at no cost through Deeember 31, 1998 and hereby authorizea appropriate City officials to execute agreement for thia purpose. Such agreement shall pranide a 30 day cancellation provision effective at the City's option anytime after Hay 1, 1448. RSSOLVED, that the City acknowledges that the RyanfHGA proposal included obtaining an unconditional performance hond in the amount of $6.2 million on or before the execution of the design-build agreement. This bond is available to be utilized in the event the buildinq is not suYficiently completed to allow a phased relocation and occupancy commencinq on or about September 1, 1998 with final occupancy prior to Hovember 3D, 1998. �� 2 3 4 5 6 7 8 9 10 11 - 12 13 14 15 ASSOLVSD, that the City ahall be responaible for performance of ite responsibilities as identified in thie resolution and to that effect the City shall have the appropriate City officials enter an agreement with RyanjHGA containing a City indemni£ication for azey payments of the $6.2 million perforraance bond make to the State whieh are attributable to delays caused by the failure of the City to perform any of its said responsibilitiea. Requested by Department of: /� /'�'a-�"7L By: f �--.� ✓ 4 Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: By: Form Approved by City Attorney s ��---- � (' � � -as- 9 Date Approved by Mayor for Submission to cauncil s J L�- �)C