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7.1.B. PRSR 07-13-2011Item: 7. I .B. MEMORANDUM TO: Parks and Recreation Commission FROM:. Steve Benoit, Recreation Manager DATE: July 7, 201 I SUBJECT: lions Club Facility Usage Backgr and At the Jutine Parks and Recreation Commission meeting a discussion was held regarding updates to the Indoor Facility Rental policy utilized for Lions Park Center and the Trott Brook Bam. As part of the policy, the Lions Club can utilize Lions Pazk Center for a reduced rate for Lions Club functions. The question has been raised regarding what type of events constitutes a Lions Club function. The commission deferred making a decision since represeptatives from the Lions Club were not able to attend the meeting. Following is the current rental policy language relating to the Lions Club: The Elk River Llona Club wit! pay ,$25 per function for all uses at Liana Park Center occurring after 4pm on Parka.and Kecreation Department business days and all non-business bourn. They will not be charged for building supervision or a deposit. Parks altd Recreation Department Administrative Process From an administrative process, the types of events that would qualify as a Lions Club event would be community events such as pancake breakfasts or sponsorships of Scout events. It has been procedure to categorize events such as weddings and birthday parties for personnel members of the Lions Club as events that do not qualify as a Lions Club function. Therefore, in these cases the individual requesting the reservation would default to either the Elk River resident or non-resident fee. Lions Chub Process In discussing this issue with the Lions Club there is a varying understanding of the rental policy. At the time Lions Pazk Center was constructed, the Lions club stated that there was an agreement that the Center could be utilized by Lions members for all types of functions. Current Fee Structure Lions Club Function -The Elk River Lions Club will pay $25 per function for all uses at Lions Park Center occurring after 4pm on Parks and Recreation Department business days and all non-business hours. They will not be charged for building supervision or a deposit. • Elk River Resident Fees For events lasting less than 2 hours including set u and take down For events lasting 2 hours or more including set up and take down Mon-Thurs 50 100 Fri-Sun 50 200 Kitchen 50 75 • Non Resident Fees For events lasting less than 2 hours including set u and take down For events lasting 2 hours or more including set up and take down Mon-Thurs 150 300 Fri-Sun 150 600 Kitchen 100 150 Other Information to consider • The Lions Club was the group that funded the original construction of Lions Park Center • The Lions Club pays a monthly fee of $200 to rent office space in Lions Park Center. Staff Request Staff is seeking direction from the Parks and Recreation Commission on how a Lions Club function should be defined when reserving Lions Park Center Attachments Current Lions Park Center rental policy Indoor Facility Use Policies and Application Lions Park Center E ~k\ ~ver` Parks and Recreation P > ~ ~ ,. r ., s, .., n ~ ... ;... ,:. rf 4 , LIONS PARK CENTER The Elk River Lions Paxlc Center, located at 1104 Lions Park Drive, is operated b}' the City of Gk River. Lions Park Center has a large banquet/meeting room with adjacent kitchen facilities, outside staged bandsltell and an outside picnic shelter The meeting room with adjacent kitchen facilities can provide seating for up to 90 people. A total of 10 banyuet and 10 round tables ace available for use. A varieq, of tables and layouts of the space are possible. The bandshell has permanent seating for 200. Electricity (110) is available for sound equipment. This facility is quite popular for concerts. HOURS OF USE Indoor rental facilities are available Sunda}' -Thursday, 6 a.m. - l l p.m. and Fridays/Saturdays, G a.m. - 1 a.m. They are available for rem on holidays at the weekend rate and pending building supervision. Access is limited to the period of time reserved. HOW TO RESERVE THE FACILITY I. Obtain an Indoor Pacihty Use Application from Elk River Parks and Recreation, 1104 Lions Pazk Drive or online nt ~tn~nv.ci. elk-riverm n. u s. 2. Submit the application, reservation fee, and deposit to Elk Rivez Parks and Recreation a minimum of fourteen (14) business days prior to your requested date of use. Also required to be submitted by resident and non-resident users is a copy of the applicant's certificate of insurance. If the event is to be catered, the caterer's certificate of insurance and Gquoz license must also be submit- ted at the time of application. Application and all corresponding fees and paperwork must be completed b}' the user. 3. Upon receipt of the items listed in #2 above, Elk River Parks and Recreation will complete the following: a. Verify that the facility is available for use on the requested date h. Arrange for required building supervision, custodial or police staff for the event if needed 4. Residents of the City of L-'lh River may make reservations up to eighteen (I8) montbs in advance. Non-residents of Elk River may make reservations up to six (G) months in advance. 5. An application will be denied if the Lions Park Center has been previously reserved or if the reyuested use is for an activiq• contrary to City Ordinance. The City reserves the right to deny or cancel a permit if the regulations are violated. G. Applications may not be assigned, transferred or sub-let to anyone other than the person/organization making the application. 7. The City reserves the right to cancel an application at any time. In these circumstances, the City assumes NO responsibility for any disruption the cancellation may cause. The City will attempt to notif}' the applicant immediately if cancellation is necessary. GENERAL RULES The user of the Lions Park Center and surrounding grounds agrees to follow these rules: L Supervise the conduct of the members of their group. Disorderly conduct of participants is prohibited. 2. Use only spaces approved for use. 3. Leave spaces used in a dean, orderly fashion, including replacing items removed. Trash shall be placed in designated containers. 6. Comply with all City ordinances, Minnesota State Statutes, Federal laws and the established rules for use, which apply to authorized use of Ciry' facilities. 7. Use of candles or any open flame is prohibited. 8. The permit holder shall assume full responsibility for any unlawful act committed in the exercise of the permit. /\G persons and anv eyuipment associated with the rental must Le our of the Lions Parl: at the end of the rental time. No items are to be left overnight. 10. All bands and audio eyuipment must stop playing at 12:00 a.na. if inside the building. Outside bands and audio eyuipment must stop playing at t lp.m. 11. Violation of these rules map result in forfeiture of all deposit move}', the termination of the event, and the loss of opportunity to use the facility in the Future. ALCOHOL 1. An Elk River police officer must be present if alcohol served from the time alcohol is served until the end of the event. This will require an additional fee based on a minimum of three (3) hours at $50 per hour. 2. In the event a caterer is hired to manage the sewing of alcohol, the caterer must show proof of having a caterer's permit issued by die Commissioner of Public Health and Safety. The caterer shall notify the Police Chief and the City Clerk of the event The caterer map sell beer/wine as an incidental part of food service that serves prepared meals. 3. Service and consumption of alcohol is allowed only in the 1`feeting Room. Ahmhol can only be dispensed to persons nvenry- one pears of age or older that are attending the event for which the beverage is being sensed. 4. No compensation may be exchanged for ahmhol unless a caterer is hired according to the stipulations as listed in #2 or unless a temporary liyuor license is acquired by a dub or charitable, religious, or other non profit organization that has been in existence for at least three (3) pears. This includes donations, advance sale tickets and ups. 5. No alcohol map be sensed after midnight on Friday and Saturday evenings or after 10:30 p.m. on other nights. 6. The applicant, the caterer, and all parties consuming alcohol must conform to all cin~ and state liyuor laws. ~. Applicant must provide a copy of Certificate of LiabiGry~ Insurance (including host liyuor GabiGry•) when alcohol is served with total Lability for all damages of 31,000,000 per occurrence. In the Brent a caterer is not hired, a copy of the appficant's home owner's insurance will be required, showing $1,000,000 of Gabiliq' coverage. The Ciry' of Elk River must be listed as an insured parry during the licensing period if the event is being held on city property. This certificate must be provided at least 1(1 days prior to the event - 3. Violation of these roles may result in the denial of future permits fur use of the Lions Park Center. Denial of use does not exempt violators from possible civil or a~iminal prosecution under applicable Ciry Ordinances, State or Federal laws. SMOKING The Lions Park Center is a smoke-Free building and grounds. Cigarette butts are to be disposed of in the receptacles provided. Clean up of cigarette butts is required in order to receive full refund of deposit. SUPERVISION The group, individual or organization using Lions Park Center must provide competent adult supervision for the entire time participants are in the building or on the surrounding grounds. LIABILITY AND INDEMNIFICATION The group, individual or organization using anv or all of the facilities at Lions Park shall agree to compensate the City of Elk River for all damages to facilities, equipment or other property owned by the Ciry~, to compensate an employee for damage to personal property by anv persons(s) attending the event, and farther assumes all GabiGty for an}' personal injuries, including death caused by participants in the scheduled event. The permit holder will be responsible for reimbursement of damages, including those in excess of the deposit Permit holder shall be wholly and solely Gable and responsible for any and all acts of every Idnd and nature of any member, agent, employee or guest of permit holder Permit holder further agrees to indemnify the Ciry' and defend and hold it harmless from any and all damages, claims for damages and claims of each and even' nature which might arise out of the use of the Premises during the term hereof occasioned by the act ur acts of any of permit holder's members, agents, employees or guests on the Premises. IN NO EVENT SHALL THE CITY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DADIAGES WHETHER OR NOT FORESEEABLE (INCLUDING, \VITHOUT L[DIITATION, DADIAGES FOR THE LOSS OF GOODWILL OR PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT EVEN 1F ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH LIABILITY. ROOM SET-UP AND DECORATION Room set-up will be done the da}' of the event b}' the applicant. Decorations ^rav be put up b}' the user and must be removed upon completion of the event Installation of decorations may not inconvenience any other group and must be done within the period of time reserved. Items may not be attached to the walls or ceiling. Paper/metallic confetti or rice shall not be used in the building or on the grounds. USERS AND FEES An Glk River organization is one with its primary ph}sical location being uhthin the City's boundaries. For entities without set physical locations, an organization will be considered an LIk River Organization if it certifies that at least GO% of its membership is comprised of Elk River residents (subject to potential confirmation). The exempt purposes set forth in 50t(c)(3) are charitable, religious, educational, scientific, literar}S testing for public safety, fostering national or international amateur sports competition, and the prevention of cruelty to children or animals. Elk River 501(c)3 groups will be allowed up to three usages per month under the 50t(c)3 guidelines. If an L'Ik River 501(c)3 group requires more than three usages in a month, the group urill be charged the Elk River Resident rental rate for the additional rentals. Elk River service organizations are identified as Rotary, Kiwanis, Masons, Knights of Columbus, Jaycees, American Legion and Auxiliary, VF\K~ and Auxiliary, Lioness, and the Eagles and Auxiliary. Deposits are to be provided by money order, cashier's check or credit card for amounts over $100. All holidays will be considered weel:end use and are subject to staff availability. REFUNDS Rental fees and other charges are refundable if the City cancels the use of the Lions Park Center for any reason other than violations by the users. When the permit holder requests cancellation more than fort}'-five (45) daps before the event, a full refund of the building supen~ision fee will be issued and a full refund of the rental fee will be issued if an alternate user is found. There is no refund of any fees if a permit holder cancels within forty-five (45) days prior to the event Deductions to the deposit shall occur as follows: CONCERN PORTION OF DEPOSIT LOST All items used must 6c dcancd and put away. All rooms used, including bathrooms, must be swept, all spilk/messes $30/hr. with a 2 hour minimum mwt be dcancd up and garbage must be taken out to dumpster if can is (till or if it contains food. for any dean up required Any items broken, damaged or missing. Replacement cost plus 25'% Building and grounds-any damage including but not limited to graffiti; gum nn furniture; broken fixtures, outlets, To be assessed windows, ur doors; holes in walls and outside area Frce of debris. L'vent not ending as scheduled, ioduding dean up. Sec fee schedule Additional deductions may be taken according to the Lions Park Center Use Policy. Please be sure to read these in Refer to policy full. APPLICATION FOR LIONS PARK CENTER FACILITY USE ~~ _ Ve'r Applications are to be submitted to EII: River Parks and Recreatioq 1104 Lions Park Deive N\Xt at least 14 days prior to the first date requested in order to allow processing time. Some requests map require additional time for review. f/gym,(=.J,f~ ~~ ~~ app/irotion aJ a noa prvfil g/rof p, p/rare ,rvpp/y progjojJlatur ll'f1/1 Opp/flOhOq. IJ/epJP A/OkP f{Xf~,f /JO)~aG& to tGe Ci7)~ ojE/k R(eer. Recrratipn PLEASE CHECK DESIRED SPACES Meeting Room IGtchen Additional Spaces Available at Lions Park -See Park Use form for policies and fees Bandshell Shelter #1 Ball Field Shelter #3 Shelter #2 Shelter #4 Park PLEASE COMPLETE THE FOLLOWING Renter/Organization Name Address Street Organization Contact Name, if applicable Phone Work Phone Activity Date(s) of Activity Start Time (including set up) Will alcohol be present (please circle one) Yes No City Fax Email Address State Number of People Expected Zip End Time (including take down and clean up) If }yes, beginning at and ending at ITEMS NEEDED FOR RENTAL-PLEASE COMPLETE WITH FACILITY COORDINATON S' Round Tables Lectern Police Coverage 30" x G' Rectangular Tables TV/VCR/DVD Building Supernision Chairs Insurance Policy Bp signing this appGcatioq I acknondedge receipt of and agree to follow the Lions Park Facilit}' Use Policy. I understand that a portion or all of my deposit map not be returned if these policies are not followed. I audtorize the Citg of L'll; River to file a claim against m}' insurance company if the deposit I have given does not cover any damages or leaning needs reyuired from my use of this facility. I understand I will be the first one in the building and the last one to leave from my group and 1 must be present during the entire event. Signature Date FOR OFFICE USE Date and Time Received Fees Paid Deposit Paid Copp of Insurance Puliev Received Proof of 501(c)3 Status Received Plannin5 Department Nuti Fied (or Commission Review Parls and Recreation Commission i\pproval Received Streets Dcparnncnt Noti lied Pnhcc llcpartmcnt Nnti(icd Pcrmu Number The Elk River Lions Club The Llk River Lions Club will pay $25 per function far all uses at Lions Park Center occurring after 4pm on Parks and Recreation Department business da}'s and all non-business hours. They will not be charged for building supervision or a deposit. Elk Rtver SOltcll3l erouos and those aualif iy~tg for dtie status Elk River service or¢anizations scecified above and "r+on C~ of Elk River remmental elections and caucuses. «em For events lasting Icss than 2 hours including setup and take dorm For events lasting 2 hours or more including set up and take down Afecting Room Mon-Thurs $ - $ 25 Meeting Rwm Fri-Sun $ - 5 50 1vtchcn $ 25 $ 40 District 728 and Sherburne Countv ncna Por events lasting Icss than 2 hours including set up and take down For treats lasting 2 hours or more including set up and take down Meeting Room Mon-Thurs $ 50 $ 100 Meeting Room Pri-Sun $ 50 $ 200 I{itchcn $ 50 $ i5 Elk River Residents Rent For events lasting Icss than 2 hours including set up and take down Fnr events lasing 2 hours or more including set up and take damn Meeting Room Mon-Thurs S 50 S 100 Meeting Room Fri-Sun $ 50 S 20D ISitehen $ 50 $ 75 Non Residents oe... " •, For events lasting less than 2 hours including set up and take down For events lasting 2 hours or more including set up and take down Meeting Room Mon-Thurs S 150 S 300 Meeting Room Fri-Sun S 150 S G00 Kitchen S 100 S 150 Building Supetviaion $15/hour for all interior uses after 4pm on Parls and Recreation Deparmient business days and all non- business hours. Deposits $100 Building Supervision $15/hour for all interior uses after 4pm on Parks and Recreation Department business days and all non- business hours. Deposits $100 Building Supervision $15/hour for all interior uses after 4pm on Packs and Recreation Deparnnent business da}'s and all non- business hours. Deposits $100 Building Supervision $15/hour For all interior uses after 4pm on Parks and Recreation Deparnnent business days and all non- business hours. Deposits $10(1 Item: 7.I.B. ~ ~1G~ed- ver MEMORANDUM TO: Parks and Recreation Commission FROM: Steve Benoit, Recreation Manager DATE: July 12, 201 I SUBJECT: Lions Club Facility Usage Additional Information to consider In summary there are two perspectives of the Lions Club usage of Lions Paxk Centex. Paxk and Recreation Administration practice has been to qualify events such as pancake breakfasts as a Lions function. Private events such as personal family events have not qualified. Lions Club members are under the understanding that with Lions Club approval, events such as a personal family party do qualify as a Lions Club function. Other Options Recently the facility use policy was adjusted to limit the number of rentals an organization can have under the non-profit status to a maximum of three per month. The same approach could be utilized fox Lions Club functions that axe personal family parties.