Wednesday, August 7, 2013

Special Events



The city recently approved a special event that will be held at Primetime on September 14th.  This event will be an outside event and host 4 bands from 2 PM to 10 PM.  The city wishes them well with this first time outside event at that location.  

You might ask why the city would be involved in approving an event that is held on the property of a licensed establishment.  It would seem if they own the property they should, as a business; do what they feel best for them.  The answer really involves a few issues.  

An outside musical event, by its very nature, means they will have amplified sound. This business has neighbors who may be upset with the noise.  This is something out of the ordinary that they haven’t previously experienced.  Controlling the sound volume and the duration is of interest to the city as it affects surrounding properties.  The zoning ordinance does have limits in terms of volume.  If the volume exceeds a certain level it can be declared a nuisance.  

With any special event the goal for the sponsors is to attach as many people as possible.  Bringing more people means the potential for public safety issues increase.  First on the list of more people is parking.  Having adequate parking, where it doesn’t obstruct sight lines, lanes of traffic flow, or access for emergency vehicles is all important.  Addressing these issues before the fact is needed.  It becomes far too difficult to correct a problem of access after vehicles have been parked.  Emergency vehicles support emergency situations which the public has come to expect. 

Another issue that comes to play is that of a liquor license itself.  With the granting of a liquor license the holder of the license is given the authority to sell and allow consumption of alcoholic beverages within the establishment and areas contiguous to it.   If a license holder wants to hold an event on property that is not contiguous to his establishment he needs authority to expand the area for sale and consumption.  In certain situations this can be done administratively such as with a patio or deck adjacent to the building.  However when the property in question is not immediately contiguous it doesn’t meet the authority granted in the liquor license.  Special  authority is needed to use spaces outside of the normal authority granted with the liquor license.  

These situations and perhaps others are all reasons for looking at special events in a different fashion.  The city and the sponsor have the same goals in terms of a successful event.  The city has perhaps other goals in terms of providing for the health, safety and welfare of both residents and attendees.  The city has no intentions of being unreasonable but does have an obligation to address these concerns.  With this in mind the city should exercise some control in trying to mitigate those areas that spill over into the arena of public oversight.  

Thursday, August 1, 2013

We're Ready for Solar Energy



There is the movement towards “Green” with energy and environmental issues.  One of these efforts produced by the Department of Energy was with a federal program called SunShot.  This program was largely educational in getting people to better understand solar energy and its benefits.  An off shoot of this program was a grant they funded to assist local units of government with issues relating to zoning and solar applications. 

The grant funding made available a consultant to assist local governments to address solar initiatives.  The assistance offered was at no cost to the city and the consultant in our case reviewed the existing code and proposed ordinance language for consideration.  Our code contained no definitions or setback requirements addressing this land use.  He also looked at the Comprehensive Plan for policy language that could be considered as well. 

The Breezy Point Zoning Ordinance did not address solar energy in any way.  A review was done which identified areas and language where changes to the code should be made.  In that analysis a number of questions posed by the consultant were considered by the Planning Commission.  Once an understanding was reached about their desires, proposed language was drafted to meet those goals.  The Planning Commission reviewed the final language and called for a public hearing to consider the changes.  Also under consideration was a draft policy statement to address solar energy for inclusion in the Comprehensive Plan. 

The recommendations of the Planning Commission were reviewed by the City Council.   They approved an ordinance adopting changes to the Zoning Ordinance that address land use issues related to solar energy.  The policy statement for the Comprehensive Plan regarding solar energy was also approved.  

The city has now defined what is allowable for this type of use and is ready to deal with it.    We're hopeful there is some interest in accomplishing solar energy initiatives in the near future. 

Tuesday, July 30, 2013

Cemtery/Aiport Obstructions



The Breezy Point Cemetery Commission and the airport association have been working together to address concerns regarding safety as it relates to the obstructions in the glide path of the runway.  As some of you may have noticed the runway was extended. This extension was accomplished for a couple of reasons.  One reason was a portion of the runway was not usable on the south end as structures there posed an obstruction.  Other reasons include making this a semi-private airport and the ability to deal with larger planes.

Changes you may have noticed included the burial of the high voltage power lines adjacent to the Pelican Woods Cemetery on Ski Chalet Drive.  Changes you may not have noticed were the removal of a great number of trees in the cemetery that were deemed obstructions to the glide path.  The Cemetery Commission understood the concern as no one wants to see an accident that could cause death or injury.  They also had concerns about what a tragedy like this would do to the cemetery itself.  With that in mind there was some trepidation with their removal but safety came first.  It was the right thing to do. 

With the continued discussions it became clear that keeping the glide path free of obstructions was necessary and a goal of the airport association.  This concern was shared by the Cemetery Commission.  Meeting that goal was something they wanted to do, but only in finding a solution that worked for both groups.  The responsibility should not rest on only the city.  This responsibility took two forms.

The removal of the trees was mostly done at city expense.  This is city property and to a certain extent our responsibility.  But it was also something wanted by others at our expense.  The Cemetery Commission felt the airport association needed to share in the expense of tree removal.  The other form of responsibility is the issue of when do we have an obstruction moving forward into the future?  Trees grow and with that the free zone of the glide path changes over time. The Cemetery Commission is not familiar with rules regarding glide path obstructions and airports.  The pilots that use the airport are better versed and knowledgeable about trees that could be causing problems.  Working together was needed.   

In considering the possibilities the city and airport have come to an agreement that was approved by the city council that would prohibit the city from establishing any tree or other obstruction in the glide path, within the cemetery property.  The agreement also provides that the airport association needs to inform us of problems when they exist.  Trees grow and for most of us we only notice the height of those close to the ground.  Trees that affect the glide path are not something that is seen by most people.  The agreement provides for a cost sharing for tree removal.  It also memorializes the arrangement the city has in using the airport for events such as air transport with medical emergencies. 

The goal was met.  We found a solution where we work together to address these issues.  We also found a solution that meets each other’s needs.  This is a Win-Win situation. 

Wednesday, July 17, 2013

New Zoning Map



A milestone has been achieved with the city when it comes to its Comprehensive Plan goals.  The plan was adopted in June of 2010 and within that plan were many changes that had been recommended.  These recommended changes included new, renamed or changed zoning districts.  Accomplishing these tasks was slow and methodical with a good number of steps along the way.  The capstone to this effort was a comprehensive view and change to the zoning map as well as text changes.  This was accomplished by the city council with the passage of Ordinance 13-07, 3rd Series. 

This Ordinance provides for the adoption of a new zoning map dated July 1, 2013.  Three previous zoning districts were eliminated.  The Limited Commercial and the Commercial zoning districts were combined resulting in the elimination of the Limited Commercial District.  The Business Park District was eliminated as no property was or will be zoned to this district.  The Recreational and Utility District is eliminated as this is being replaced by a new district called Resort Commercial.  Resort Commercial will also include the district formally called Waterfront Commercial.

With these changes there were a number of items in the code that dealt with these districts.  These needed to be eliminated or addressed in a way so that references did not create a problem in the future.  The Land Use Category chart and the Lot Size Dimension chart were modified. 

Accomplishing these goals moves us very close to accomplishing all of the goals provided for in the Comprehensive Plan.  Progress has been made in the land use arena for the city of Breezy Point.

Thursday, July 11, 2013

Hairball



The city again was approached by the Northern Lakes Youth Hockey Association about holding a Hairball Concert this year during the Labor Day Weekend.  The event will be held much like last year.  This is a fund raising event for the youth hockey.  Last year the event was a success and enjoyed by those that attended.  It also was a success in terms of it working as planned with very limited complaints.

It had been proposed by the city that the Association should be more responsible for costs associated with the event.  This year they will be responsible for the installation and removal of the temporary no parking signs.  Signs need to be removed by noon the following day.  They continue to be responsible for the cleanup of the grounds and surrounding area following the event.  This needs to be accomplished by 10:00 am. 

The council required a minimum number of satellite toilets, the establishment of a boundary for alcohol consumption, and the hours of the event.  No extensions of time lines were authorized.  It was felt the timelines established worked well last year and expanding the event may be premature given we have only one year’s history to work with. 

The city council considered their request to provide for the sale of hard liquor drinks.  Last year they were limited to only beer sales.  The issue of hard liquor drinks was discussed and was voted down with two separate approaches to the issue.  Concern was also raised about the possibility of hard liquor being brought to the events by private parties.  It was stated that any individual who is seen with liquor would be escorted from the site. 

A concern was also raised with participants driving and drinking upon arriving or leaving.  A safe and sober shift is proposed for that day to hopefully keep the roads safe.  A safe event is wanted for all, including those who may have no interest in the event while on the roads nearby.  A good time should be had by all but a tragedy is something we all want to avoid. 

The city wishes the event hosts success with this event.  We also hope all participants have a grand time enjoying the music and festivities of the day.