ADMINISTRATION - Cathy Sorensen, City Clerk
Title
CONSIDER SPECIAL EVENTS LICENSE FOR NEW YEAR’S EVE/GRAND OPENING EVENT AT INFINITE CAMPUS, 4321 109TH AVENUE NE
Background
On Wednesday, December 7, 2016, staff learned of a New Year’s Eve/grand opening event being planned at Infinite Campus at 4321 109th Avenue NE. The event is to include food, alcoholic beverages, and a fireworks display at midnight.
Approximately 500-600 people are expected to attend. Because of the proposed time of the fireworks display and the fact that the event is outside the customary use of a property, staff contacted Infinite Campus stating a special events license with Council approval would be required.
RES Specialty Pyrotechnics, Inc. has applied for the fireworks display permit on Infinite Campus’ behalf and is working with Community Standards to meet those requirements. At the time of this writing Infinite Campus is still determining the need for tents, canopies or portable heaters for shelter outdoors prior to the fireworks display; if they choose to have any of these elements they will be required to complete the appropriate permit applications.
Staff received the completed special events license application packet on Monday, December 12 and met Tuesday morning to review in order to present to Council on December 15. Below is a summary of that review:
1. The event will be held in the newly-constructed “connector” portion of the building which contains proper exiting. No guests shall be allowed in any portion of the tower with the exception of 1st floor with occupancy of 175 people and 8th floor with current occupancy of 81 people.
2. Applicant to provide alcohol caterer’s permit and proof of liquor liability insurance naming the City as additional insurance for the service of any alcohol.
3. Should the applicant require tents, canopies, or portable heaters the appropriate applications/fees must be submitted.
4. The applicant intends to launch fireworks from three areas of the building as outlined on the attached plan; parking deck, building, and tower. Event attendees will be directed to the identified location in the outdoor parking lot to view the display. Based on the submitted site map police and fire have no concerns with regard to parking, traffic or crowd control.
5. The proposed time of the fireworks display is in violation of City code:
Sec. 50-203. - Prohibited noises and acts.
(6) Noisy parties and gathering. No person shall permit or participate in any party or other gathering of people, on public or private property, giving rise to noise, unreasonably disturbing the peace, quiet, or repose of another person. It shall be presumed that a violation of this section has occurred when any noise from a gathering is plainly audible, at a distance of 50 feet or more, between the hours of 10:00 p.m. and 7:00 a.m.:
a. When a police officer has probable cause that a violation of this section has occurred the officer may order all persons present, other than the owner or tenant of the premises, to disperse and leave the premises immediately. It shall be a violation of this section for any person to refuse to leave after being so ordered by the police officer;
b. Exceptions: The following are exempt from violation of this section:
1. Activities which are duly authorized, sponsored or licensed by the city, so long as the activity is conducted pursuant to the conditions of the license, permit or contract authorizing such activity;
2. Persons who have gone to a party for the sole purpose of abating the violation.
Approval of the fireworks display permit was not approved administratively because it is in violation of City code as proposed. City code does allow for an exception to the noise ordinance if authorized by Council. With the proposed shell size and the time of year with no foliage to absorb any sound, the applicant’s proposed time of midnight for the fireworks display will likely cause calls/concerns from an expanded neighboring area. Should Council wish to allow the display to occur at midnight or some other time staff would like direction on the following:
- Identification of notification areas by the applicant announcing the date, time and length of any approved fireworks display. A map of proposed notification areas is attached.
- City approval of flyer to be distributed to identified notification areas. A draft with proposed amendments is attached
- Deadline for flyer delivery to identified notification areas
- Method of flyer delivery to identified notification areas (mail, hand-delivered)
- Direction if staff should include the event on the City’s website and/or communicate through social media to help ensure a greater area that could be affected be made aware of the event
- Direction on weekend inspection fees
o As inspections for the fireworks display itself and any tent/canopy permits need to be conducted outside regular business hours, staff is suggested a higher inspection fee cost to help cover the increased staff time necessary for this event
o In addition, staff will be recommending implementing an expedited review fee for events where review time and response is extremely limited, such as was the case with this event
Any additional conditions identified during Council review will be included on any final license document and communicated to the applicant. Staff can provide event feedback to the Council if requested.
Recommendation
Provide direction as outlined above on the Special Events License at Infinite Campus, 4321 109th Avenue NE on Saturday, December 31, 2016.