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Item 7H•,uy V1 0VUU114nc, I VAUS MEMORANDUM August 13, 2003 TO: Billy Campbell, City Manager FROM: Rick Black, Director of Public Safety (Ext. 2421) SUBJECT: Resolution No. 03 -046, Approve a Mass Gathering Permit for events associated with Oktoberfest, on property described as Southlake Town Square, Phase I, and being 42.013 acres located on the northeast corner of the intersection of North Carroll Avenue and East Southlake Boulevard (FM 1709). Action Requested: City Council review and consideration of Resolution No. 03 -046 for a Mass Gathering Permit as requested by the Southlake Chamber of Commerce. Background Information: Oktoberfest is an annual fundraising event with proceeds designated for the Chamber of Commerce operations. The first annual event was held last year. Promoter and co- sponsors of this event include the Southlake Chamber of Commerce, the City of Southlake, and Southlake Town Square. This free event is scheduled for October 3 -5, 2003 and includes numerous arts and crafts booths, ethnic foods and beverages, and entertainment. Chapter 3 of the City Code governs amusements and entertainments, specifically mass gatherings and outdoor music festivals. This ordinance, currently being updated by the Planning and Public Safety Departments, requires a hearing to be conducted with the promoter to ensure compliance with the ordinance via an interview and investigation with the county health officer and Deputy Director of Police Services. On August 5, 2003, DPS officials met with representatives of the Southlake Chamber of Commerce and reviewed the ordinance and application. Financial Considerations: There is no cost to the City. There is potential for increase in sales revenue and resulting sales tax revenue within Southlake Town Square during the event. Financial Impact: Citizen Input/ No citizen input has been received. Not subject to any Board review. Board Review: Legal Review: Not Applicable Page 1 Billy Campbell, City Manager August 13, 2003 Page 2 Alternatives: The Council may approve the request, deny the request, or approve it subject to whatever conditions they deem appropriate. Supporting Documents: Resolution No. 03 -046 Mass Gathering Permit Request filed August 5, 2003 from the Southlake Chamber of Commerce Staff Recommendation: Place the permit request on the August 19, 2003 City Council meeting agenda for disposition. RB /mp Page 2 City of aoutntaxe, i eaas RESOLUTION NO. 03-046 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING A MASS GATHERING PERMIT ASSOCIATED WITH THE EVENTS OF OKTOBERFEST ON PROPERTY DESCRIBED AS SOUTHLAKE TOWN SQUARE PHASE I, FOR THE DATES OCTOBER 3-5,2003. WHEREAS, Southlake City Code, Chapter 3 Article II governs mass gatherings; outdoor music festivals; and, WHEREAS, Section 3 -52 provides for a promoter desiring to hold a mass gathering or an outdoor music festival to file a permit application with the City Secretary; and, WHEREAS, on August 5, 2003, Representatives of the Southlake Chamber of Commerce issued a formal request for a mass gathering permit related to the planned Oktoberfest event to be held in Town Square on October 3 -5, 2003; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2. Southlake Chamber of Commerce permit and variance requests are hereby approved for permit issuance to hold Oktoberfest event, October 3 -5, 2003, in Southlake Town Square Phase I. Section 3. This resolution is effective upon passage by the City Council. PASSED AND APPROVED THIS DAY OF , 2003. Andy Wambsganss, Mayor ATTEST: Lori Farwell City Secretary Page 3 M SOUTHLAn Chamber of Commerce August 6, 2003 Mass Gathering Permit Information: Section 3 -52 (b) 1. Promoter information Rick Lott, Festival Director Address: 1529 Cat Mountain Tr. Keller, TX 76248 Giovanna Phillips, Chamber President Melissa Kemmerer, Member Services Coordinator Tarrah Phillips, Eient and Public Relations Coordinator Address for all of the above: 1501 Corporate Circle, Suite 100 Southlake, TX 76092 2. Financial statement — attached for 2002 3. Description Oktoberfest is to be held at Southlake Town Square in the public parks area, located in Southlake, Texas. The area is the same as it was in 2002. A map of the affected areas is attached. 4. Owner The owner of the property is the City of Southlake. 5. Dates and Times Friday, October 3: 5:00 p.m. —11:00 p.m. Saturday, October 4: 10:00 a.m. —11:00 p.m. Sunday, October 5: 11:00 a.m. — 5:00 p.m. 6. Attendance An estimated attendance of up to 40,000 over the course of the three days is anticipated. There are no plans to control for the number of attendees as estimated attendance is within the parameters of what the area can reasonably accommodate. 7. Performers D E C E 0[ D Several performers are anticipated, including: • The Drifters who appeared in 2002 `A1 — 6 2D • Emerald City • Crawfish o Me & My Monkey — A Beatles Tribute OFFICE OF CITY SECRETARY • Bulletproof Brass Additionally, other live bands as well as local community group entertainment will be on hand. Although many are paid performers, some are free. The agreement contains dates, pricing, and necessary equipment. Addresses for all performers are not available. Page 4 8. Promoter's preparations The Boy Scouts of America have been contracted to handle all trash cleanup during the dates of October 3 through 5. The same group handles cleanup last year as well. In addition, staff and other volunteers will assist with additional cleanup as necessary. Portable toilets will be on hand, including those with handicap accessibility. All food vendors will have appropriate licensing and insurance and will manage their own cleanup. 9. Securi All security and traffic control is being handled directly through Southlake's Department of Public Safety and paid for by the Southlake Chamber of Commerce as it was in 2002. Overnight security will be provided by Southlake Town Square. Per initial conversations with Chief Price, traffic control is not anticipated to be a problem. Security shifts will be scheduled directly through. DPS. 10. Medical As part of the security, an ambulance will be onsite during the festival. In addition, Harris Methodist HEB's mobile unit will remain onsite throughout the weekend as well. 11. Minors Minors are welcome to attend the event. With regard to alcohol, persons of legal drinking age will be required to show identification when purchasing tickets being used to purchase alcohol as well as to purchase a wristband that designates them as being over 21. A minimum of one TABC licensed beer booth worker per beer booth will be in a booth during the entire weekend. Any worker that has a question regarding a person's legality will request that person to show their identification a second time. 12. All information is provided by promoter, and therefore, based on his/her best information and belief. 13. Filing fee — not assessed. Section 3 -52 (c) 1 Water Supply Water supply requirements listed in the ordinance are not applicable because the event occurs in Southlake Town Square where city water is readily available. 2. Toilet Facilities We request a variance from the toilet facilities listed in the ordinance. We will provide an adequate number of portable toilets in the festival area. These will be provided by Southlake Town Square and will be maintained in a sanitary manner during the event. Eight toilets will be on hand and will be sufficient based on the anticipated number of attendees. 3. Minimum Area We request a variance to the minimum area required in the ordinance because it is not applicable. The Southlake Town Square site provides plenty of space for the attendees. 4. Solid Waste Facilities Southlake Parks and Recreation will place an adequate number of 55- gallon drums at the event. As stated in Section 3 -52 (c), the Boy Scouts will handle the maintenance of these drums during the event as they did last year. 5. Noise Control Noise control requirements are not applicable because of City Ordinance No. 778. 6. Food Sanitation All food vendors will he required to comply with all current health codes. 7. Medical and Nursins Care Southlake DPS will provide medical care and will comply with all current medical requirements. Page 5 i ' rZ A. fJi ro m ao m �tYli•M r—► Lot 1 R5 - Gateway Plaza Phase II Block 1 ia�rrlYM ih ��IIIDfJ� -A�fl I@3I�PIIC ��.Ya+ idS Ili7{7a� iG6�iYQ ] 1L illXffiR'Y Smf154/ fkil� e E E e Em C ■ ■ r � 1 1 C Revenue Amount Sponsors $ 82,000.00 Concessions $ 10,579.70 Fees $ 87,909.12 Vendors $ 17,615.00 Merchandise $ 325.00 Total Revenue $ 198,428.82 Expense Amount Entertainment $ 32,169.68 Advertising $ 7,148.70 Services $ 36,120.33 Production $ 19,671.50 Cost of Sales $ 71,118.71 Total Expenses $ 166,228.92 Total Revenue (Loss) $ 32,199.90 Page 7 ® TOWN S QUARE � .......... Southlake Oktoberfest 2002 SOUTHLAK TOWN S QUARE C1 To whom it may concern: The Southlake Chamber of Commerce has been granted permission by Southlake Venture West, L.P., a Texas limited partnership, and Southlake Central Venture, a Texas joint venture (hereafter collectively referred to as "Owner') to operate Oktoberfest in Southlake Town Square from October 3 — 5, 2003, in accordance with the attached diagram, and on the condition that, at its expense, Southlake Chamber of Commerce shall (1) obtain all licenses and permits that may be required by the City, and (2) carry liability insurance (in amounts appropriate to the scale and duration of the event), which shall name as additional insureds Southlake Venture West, L.P., Southlake Central Venture and Cooper & Stebbins, L.P. SOUTHLAKE CENTRAL VENTURE and SOUTHLAKE VENTURE WEST, L.P., By: Cooper & Stebbins, L.P. Its authorized agent By: �ZL1.Glk. A • Patricia S. Pickard, Chief Financial Officer Date of Signature: 8'/-5 Page 9 A Development By COOPER & STEBBINS 1256 MAIN STREET, SUITE 240, SOUTHLAKE, TEXAS 76092 TELEPHONE (817) 325 FAX (817) 251 -8717 Oktoberfest Proposed 'Two -Way East/West Traffic Flow Page 10