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HomeMy WebLinkAbout6.e. Outdoor Music - Fireside EXECUTIVE SUMMARY City Council Regular Meeting: May 16, 2017 AGENDA ITEM: Outdoor Music - Fireside AGENDA SECTION: Consent PREPARED BY: Clarissa Hadler, City Clerk AGENDA NO. 6.e. ATTACHMENTS: Draft Resolution APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve Resolution Authorizing Thompson Fireside Pizza II Inc. dba Fireside to Host Outdoor Music on Patio. SUMMARY Thompsons Fireside Pizza II, Inc. DBA Fireside has requested the ability to host a band outside on their patio on the evening of Saturday, June 3, 2017, in conjunction with the Rosemount Area Athletic Club (RAAA) fundraiser. The restaurant hosted a similar event last year with a band set up indoors. This year, the event will take place both indoor and outdoor at the Fireside. RAAA expects approximately 200 people to attend. Because City Code 7-1-6 forbids the use of electronic sound systems / audio equipment “in a manner in which it is plainly audible at a distance of fifty feet or more from the property line”, the Council would need to issue a permit for this event to be legal. City code does allow for exceptions, one of which is “when the sound is in connection with activities for which a permit has been granted by the city.” This year’s event will feature the band The FuGaWe. FuGaWe plays covers from a mix of genres; including country, pop, and oldies. The base player of FuGaWe, Elliot Herland, is a Rosemount resident. Staff spoke with Mr. Herland regarding the setup of the speakers, the types of music they play, and potential noise levels. Mr. Herland stated the noise levels will be such that persons on the patio will be able to have a conversation. Staff has no concerns that the event will disturb nearby residents, the closest of which is approximately 500 feet to the north of the patio (see image on page 2). Staff is suggesting the following conditions on the permit; 1. Permit is valid only for the date of Saturday, June 3, 2017; and 2. Music shall not be so loud as to be a disturbance to residences at a distance of 500 feet from the patio; and 3. Music shall stop at 10:30 p.m.; and 4. Occupancy of the east and west patio areas shall not exceed the capacity currently established by plans on record (28 for the east patio and 44 for the west patio); and 5. Event and associated liquor consumption shall remain within the fenced areas of patio, as required by the business’s liquor license. RECOMMENDATION Staff recommends approval of the above-stated motion. 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2017 - _____ A RESOLUTION AUTHORIZING THOMPSON FIRESIDE PIZZA II INC. DBA FIRESIDE TO HOST OUTDOOR MUSIC ON PATIO WHEREAS, Thompsons Fireside Pizza II, Inc. DBA Fireside submitted a request to host a band outside on the patio; and WHEREAS, City Code 7-1-6 forbids the use of electronic sound systems / audio equipment in a manner in which it is plainly audible at a distance of fifty feet or more from the property line; and WHEREAS, City Code 7-1-6-D-1-a allows an exception when the sound is in connection with activities for which a permit has been granted by the city, subject to the terms of the permit NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rosemount does hereby authorize and permit Thompsons Fireside Pizza II, Inc. DBA Fireside to host outdoor music on their patio, subject to the following conditions; 1) Permit is valid only for the date of Saturday, June 3, 2017; and 2) Music shall not be so loud as to be a disturbance to residences at a distance of 500 feet from the patio; and 3) Music shall stop at 10:30 p.m.; and 4) Occupancy of the east and west patio areas shall not exceed the capacity currently established by plans on record (28 for the east patio and 44 for the west patio); and 5) Event and associated liquor consumption shall remain within the fenced areas of patio, as required by the business’s liquor license. ADOPTED by the City Council of the City of Rosemount, Minnesota this 16th day of May, 2017. ___________________________________ William H. Droste, Mayor ATTEST: ______________________________ Clarissa Hadler, City Clerk