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6.3 SR 05-13-2013 Elk REQUEST FOR ACTION River TO ITEM NUMBER Mayor and City Council 6.3 AGENDA SECTION MEETING DATE PREPARED BY May 13, 2013 Tina Allard, City Clerk ITEM DESCRIPTION REVIEWED By Service Levels and Fees/Deposits for Special Events Cal Portner, City Administrator REVIEWED BY ACTION REQUESTED Council review and discussion of the special event policy and fees. BACKGROUND/DISCUSSION At the January 22, 2013, meeting, Council directed staff to create a policy,look at enforcement, and develop a fee structure for special events. Staff will be reviewing the policy on Monday night. FINANCIAL IMPACT Due to the nature of special events and the numerous variables that make each one of them unique, a more thorough analysis of the fees should be completed. The Parks and Recreation Department will be completing a comprehensive review of their facility policies and fees this summer. Staff recommendation is to evaluate the fee structure for special events at the same time with a plan to implement a fee structure effective January 1, 2014. At this time staff is recommending collection of a $500 deposit from all groups for 2013. The special event policy outlines that it is the event planner's responsibility to cover any additional expenses/damages incurred (Section 3d). ATTACHMENTS • January 22, 2013,Minutes • January 22, 2013, Staff Report • Draft Special Event Policy P O W E R E D BY N:\Public Bodies\Agenda Packets\05-13-2013\Final\6.3 sr Special EventsX.docx NAURE] City Council Minutes Page 11 January 22,2013 Mr.Beck sta d it would be good to establish a timetable early i he process in order make sure the timing everything falls into place correctly. Mr. Portner stated sta 111 draft a communications plan Council consensus was to 11 ect staff to do the lowing: 1. Review and re-negotiate fran ise agr ments with Centerpoint Energy. 2. Negotiate new franchise agreei3r nt ith Connexus Energy and Ells River Municipal Utilities. 3. Draft franchise and franchise f ord ance for Council consideration. 10.2 Review of Enforcement Policv n Phased Pro'ects Mr.Barnhart presented t staff report. It was questioned 1 w the parking lot was expanded onto the chool district property when Mr. Briggs does t own it. Council c sensus was to select Option 1. 10.3 Service Levels and Fees/Deposits for Special Events Ms.Allard presented the staff report. Council expressed the following: • Collect damage deposits from all groups. • More enforcement of conditions needed to protect public property. • Should the Parks and Recreation Commission be waiving some of their fees? • A fee should be charged for a money making event versus a community gathering type of event. • Staff directed to look at a fee structure and policy options. • Staff to include the Parks and Recreation Department to make sure fees are consistent. Council consensus was to have more enforcement on the special events. 10.4 Ward 1`6 uncil Vacancy Appointment Mr. Portner presen=aae�kt r' Council consensus imeline for filling the vac ancy with the exception that the citizen forum sche .. e be mom to 9:00 a.m. 11. Adjournment There b ' g no further business,Mayor Dietz adjo ed the meeting of the Elk River City Cou it at 9:50 p.m. city rr REQUEST FOR ACTION To ITEM NUMBER Ma of and Ci Council 10.3 AGENDA SECTION EETING DATE PREPARED BY Work Session Januar 14,2013 Tina Allard, Ci Clerk I`rEP1 DESCRIPTION REVIEWED By Service Levels and Fees/Deposits for Special Events Calvin Pottner, Ci Administrator REVIEWED BY ACTION REQUESTED 1. Council discussion regarding service levels and fees/deposits for special events. 2. Direction to staff on how the Council would like to proceed with special events. BACKGROUND/DISCUSSION On Match 2,2009, the City Council adopted the special event ordinance on a 3-2 vote. Attached is background information from the discussion. With the ordinance in place, staff felt it was appropriate to bring it back for an update and to discuss the impact on staff time, additional costs, compliance and the challenges educating permit-holders of their requirements. The Council should discuss and evaluate the following: 1. Level of service The Council approves varying conditions on a permit depending on the type of event being held. In order to minimize applicant costs and minimize staff tune for a special event, most of the conditions approved in a permit have been the responsibility of the applicant. There currently is not an enforcement mechanism in place to make sure the conditions of a permit are met. There have been numerous issues with applicants not following through on the conditions of their permit. Some standard conditions include: a Notification to surrounding property owners of an event W Resttoom facilities N Tent inspections N Traffic management ® Road Closures ® Signage ® No tent stakes in pavement ® Liability insurance requirements 9 Garbage cleanup =46 N;\PuUGc Bodies\City Council\Council RCA\Agenda Packet\01-22-2013\Fee Discussion 2013 3.docx Should staff be dedicated to enforcement? Staff would ensure the permit conditions. Enforcement would include signage,road closure requirements,portable restrooms are in place, etc. Should the ordinance be paired down? Staff discussed whether there is a need to require special event permitting on private property. Concerns include public safety issues, such as traffic/parking depending on the number of people at a private event, tent inspections, and liability. There was also a question whether the city is open to liability exposure from inspecting events on private property. 2. Fee structure and/or deposit system Determining proper fee charges are difficult to determine because time spent on different events can vary and we have treated different applicants differently (see Special Events by Year attachment). 3. Questions to consider a) Who should be charged fees? b) Should non-profit organizations be charged any type of fee? c) Should the fee vary depending on the type of event being held? d) Should Taste of Elk River be charged differently than ArtSoup or the Independence Day event? e) Should staff time be dedicated to enforcement? 0 Should the ordinance be paired down? g) Does the Council have other questions they would like addressed? FINANCIAL IMPACT The staff time for varying events is outlined in the Special Events by Year attachment. Deposits are not currently set up or structured in a way to recapture all staff time costs and the city would not truly be able to recoup all these costs due to the varying type of events. ATTACHMENTS Match 2, 2009) Staff Report March 2,2009,Minutes Special Events by Year(highlights staff time spent on each event) ® Special Event Ordinance NAPublic Bodies\City Council\Council RCA\Agenda Packet\01-22-2013\l ee Discussion 2013 3.docx 0 � LJ r Q "i -NI: REQUEST FOR ACTION ° Itervli Number LUty Council 6.1. Bend Section e® lre ��� Pepnred Administration March 2,2009 Tina Allard,Citv Clerk Nerve escription Reviewed by Review Special Events Ordinance .Lori Johnson,g Administrator A. Consider Adopting Ordinance Reviewed by B. Consider Resolution for Sutrunary Publication All Department f-leads and Peter Beck Ci Attorne � c�lo a este Two Council Motions 1. Motion to adopt the attached Special Events ordinance 2. Motion to adopt resolution for summary publication of the ordinance cl<�round� iscr.�ssicueti Direction is needed for staff and residents regarding the processing of special events held in the city. Some examples of events include;AttSoup,parades,downtown business requests for street closures,and block patties. Staff would litre to consider an ordinance for some of the following reasons; I. Cleat direction on who the applicant should contact within the cit y and the type of information that should be provided to understand the needs of their event. 2. Direction on which staff should be involved with mal6ig recommendations on applications, 3. Understanding of the fees to charge in order to cover expenses incurred by the city. 4. Notification to property owners for events that need street closures so there is awareness of access issues. S. When and what type of liability coverage is needed. 6. Zmptove communication to Council regarding details of an event, 7. Address public safety concerns. i �innrec�l Irn �c• j Staff would like to add a tiered application fee to the fee schedule ordinance if the special event ordinance ' Is approved.This would come back to Council as a public hearing item at a future meeting. Suggested fees axe; I S:\Administration\Council RCA\Ucens1t%\Specia1 Pvont\Ordinance Adopdomdoo " $25 application fee for events not requiring any additional city services " $50 application fee for events requiting additional city services along with a deposit to cover those additional services. The application fees would.be.related to processing the application by administrative staff with maldng sure the application is complete,.insurance requirements are met,coordination of staff approvals,and preparation for Council review. The deposit would cover expenses related to police, fire,waste,and traffic management services. There hasn't been a consistent mechanism in place to address whether city costs are being covered, Section 38-518 (page 5) specifies that the Finance Department provides the needed support:in this area, ttach m!0ntN 0 Special Event Ordinance m Resolution for summary publication of the special event ordinance. ction Motion by.. _--_ Second by Tote Follow Up i i $AAdministma on\Council RCA\Gicensnig\Special Rvent\ordinance AdopHomdoc City Council Minutes Page 2 Match 2,2009 .................».�,......_ i 3,3,A, of on cl 0 1 n Co ro s to e 1 o lit River Ms,Johnson presen d the staff report highlighting contributions shade by Resource Recovery'T'echnolagl LLC to the city for the purchase of CornpuKid child idendfica•'on equipment, MO'V'ED By COUNCIL EMBED.MOTIN AND SECONDED BY COO'N'CILMEMBER zu, S TO ADOPT RESOLUTION 09-09 ACKN'O'WLEDGING CON R.IB•UTIONS TO TIME CITY OF ELK It R. MOTION CARRIED 5-0. t 3.3,13, es lution wiled i o trib 'i ns to the City of llt Rive f Ms,Johnson presented the staff report 'ghlighting contributions made y The Bank of Elk River to the city for the Riverfront Conoe-t Series, MOVED by COUNCILMEMBER ZE A8 AND SECON -1 D B f COUNCILMEMBER WESTGAAkD TO OPT R.ESOL YON 09-10 ACKNOWLEDGING CONTRIBUTIONS O THE CIT OF.ELK RIVISR, MOTION CARRIED 5-0, 4; Qpen e No one appeared Col:Open Mike, 41 ��Iieaney,Sherburne C'nnoty A ttni,,Pn Ms,Heaney reviewed adult felony charges for c�tssnes in Sherb me County, It was noted that the statistics listed the staff report for Ells Itver may seem to because the city prosecutes some of its own crimes,She also highlight civil awards recentd received by her department. i The Council noted they would Wtl e o see some statistics from the ci prosecuting attorney in order to be able to compare t em to the other Jurisdictions in the Co nty, i 5, Artna Updates ni tjoll,Fjnqllc e Ri er i i i duties Annual updates were,provided by each department, 6.1, l2eviewS erlal eats Osrlina�,-ce Ms,Allard presented the staff report, i Mayor Klinzing and Councilmember Motin stated they understood the need for the ordinance but felt it was overly broad and had concerns with staff applying some of the � conditions on smaller events held in the city,They had a concern with staff interpretation of the ordinance in the future and that the application process may be burdensome, i The Council concurs:ed that there shouldn't be any application fees but agreed on deposit ' fees in order to cover items such as police, fire,and waste management services, City Council Minutes Page 3 March 2,2009 Councilmembers Zerwas and Westgaard stated they understood the need for this ordinance from a safety perspective,They felt it would be more efficient to have one person as the main point of contact within the city that could coordinate the processing of the event request with other staff in order to prevent any oversights. Ms.Johnson noted the intent of the ordinance is to make it easier for organizations and individuals to coordinate events by having a single contact at the city and to provide more notice to the city and when applicable,residents affected by the event.She stated the goal is coordination In order to inform all necessary departments of an event and to capture any out-of-pocket costs. Mx, Beck stated the ordinance is set up broadly in order to allow for a maxitnum amount of flexibility in applying the ordinance to the many different types of events.He stated the Council would have the ultimate authority in removing or changing any conditions attached to an event. MO'V'ED BY COUNCILMEMBER GUMPHR13Y AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 09-01 AMENDING ARTICLE XI OF THE ELK RIVER CITY CODE TO ADD NEW SECTION 38- 510 TO 38-522 DEFINING AND REGULATING SPECIAL EVENTS AND THAT NO APPLICATION FEES BE CHARGED,MOTION CARRIED 3-2, Mayor ICllnzing and Councilmember Mahn opposed. MOVED BY COUNCILMHU13ER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOUTZON 09-11 APPROVING NOTICE OF SUMMARY PUBLICATION OF ORDINANCE SECTION 38410 To 38-522 AN ORDINANCE I)EFINING AND REGULATING SPECIAL EVENTS,MOTION CARRIED 5.0. rdina cc o•ma ' n en ticli?s a o ha • -'78 f e I llc P ive Ci Coda f r i ces v' r.the e� ti n f t e Tai,c i t'nua a of W to SP ice amd.ElgabEs in Pr c es for ter hut.d s Ms.Johnson presented the %aff rep ort, Mr.Beck reviewed the ordin Councilmember G•umphre noted'e have been iss e problems in homes and fella policy wa needed in -der toAallow Elk RivercMunicipal ter Utilities.to shut off water. Utilities Conux,Issioner Dietz stated apps;o ately 20 million gallons of water has been wasted clue to foreclosure issues, Cauncilmember Zvlotln expressed co, cern with S cdon 78-23 and whether it would be cost prohibitive to farce people to inst stop valves. Water Superintendent Dave I3 rg explained the shut- f process and noted that most properties have them ahead . MOVED BY COUN MEMNER MOXTN AND S CONDED BY COUNCILMEMBE WESTGAA.RD TO ADOPT 0 INANCE 09-02 SPECIAL EVENTS - BY YEAR ME f PUBLIC PROPERTY 5°t'tlMA1'Ed STAFF Ti - Central Lutheran (5K) Adn-An—1 hr Eagles Club Adnnsn 1.5 hrs Police-d-his concert/fundraiser Policed hr I Homecoming Parade Adnnin—1.5 hrs Zylstta Harley Davidson Admin— 1 hr Police-100 hrs Police-2 hrs 2010 PUBLIC PROPERTY TIME � ArtSoup Admin--4•hrs American Legion Engineering ,5 hr Police- 1.0 hrs Adtmin —2,5 hrs Streets—2 hrs Police- 8 hrs* ECFE (5K) Engineering—2 hrs Buffalo Wild Wings Engineering- .5 hr Admin—1 hr (fundraiser) Adtnin—2 hrs Police-2 hrs Police--1 hr ERHS National Honor Engineering- ,5 hr Church of Saint Andrew Engineering- .5 hr Society(5K) Admin— 1 hr Adtnin— 1 hr i Police-2 hrs Police- 1hr Homecoming Parade Engineering—5 hrs Eagles Engineering- .5 hr Admin— 1,5 hrs Adtnin— 1 hr Police-100 hrs Police-1hr Streets—2 hrs 1 Rotary(Taste of ER_ Engineering—2 hrs Zylstta Harley Davidson Engineering- .5 hr downtown) Admin—1 hr Admit— 1 hr Police-4hrs Police- 2 hrs Sally Middle School(51e,) Engineering- .5 hr Admin— 1 hr _ Police-4.hrs Sherburne County Fair Engineering--2 hrs Parade Admin--2 hrs Police- 150 hrs Streets—3 hrs I L I i 201 i TIME AttSoup Engineering—S hts American Legion Engineering- .5 hr Admin.-Y 4 hts Admin—2 hrs Police- 10 hrs Police-1 hrs Econ Dev--2 hts Streets—1 hr ECFE(5K) Engineering- ,5 ht Broadway Bar and Pizza(cat Engineering--2 hts Admire.-.1 by show) Adm n—2 hrs Police- 2 his Police- 1 hr Homecoming Parade Engineering—2 hrs Church of Saint Andrew Engineering- .5 ht Admin--1.5 hiss Admin— 1 hi. Police- 100 hrs Police- 1 hr Streets 2 hts Independence Day Engineering.5 hr Eagles Engineering- .5 ht Committee (all in pack Admin--1.5 hrs Admin-- 1 hr except fireworks) Police- 140 hrs Police- 1 hr Salk Middle School (5K) Engineering.5 ht Wal-Mart (parldng lot) Engineering- .5 hr Admin— 1 hr Admire—2 hts Police- 4 hrs Police- 1. hr She )ui;ne County.Fair Engineering 1 hr Zylstxa IIarley Davidson Engineering- ,5 hr Parade Admin.—2 hrs Adinin— 1 ht Police- 140 hts Police- 2 hts Streets—3 hrs 3 r f i U Lf� ®P Eta T 1" STIMA` ED STAFF �� � m � m TimE M011- ArtSoup Engineering—12 hrs Broadway Bas. and Pizza (car Engineering 5 hr Adlnin—5 hrs show) Admin— 1 hr Police-10 hats Police- 1 hr Econ Dev—4 hrs Streets--1 hr Homecoming Parade Engineering—1 hr Church of Saint Andrew Engineering- .5 hr Admin—1 hr AdfrAn— 1 hr Police-100 hrs Police- 1 hr Streets--2 hrs Independence Day Engineering- .5 hr Cornerstone Auto Resource Engineering- .5 hr Committee (all in park Admin--1 hr Admin— 1 hr except fireworks) Police- 140 hrs Police- 1 hr McCoys (5K) Engineering—2 hrs Eagles Engineering- ,5 ht Admin—1 hr Admin— 1.5 hrs '(( Police- 5 hrs Police- 1 hr Salle Middle School(5K) Engineering.5 hr Ells River Golf Club Engineering- ,5 hl: Admin—1 ht Admin— 1.5 hrs Police-4 hrs Police- 14 hrs* Sherburne County fair Engineering,5 ht Zylstra IIarley Davidson Engineering- .5 hs: Parade Admin—2 hrs Admin-- 1 hr Police-150 hts Police-2 hts Streets—3 hrs Youth Volleyball(5l.) Engineering.5 ht Admin—1 hr Police- 2 hrs YMCA (51,-,) Engineering 1 hr Admin—1 hr Police-5 hts j Hudson/Walters Admin—5.5 hrs Wedding(Rivers Edge Police- 10 hrs* Park and adjacent city Engineering--5 Parking lot) hrs** United Way United We Adm 1) —1 hr Dance Event(city Police- 8 hrs* parking lot) Engineering- ,5 hr Streets —2 hrs NOTES: Engineering: All of the times listed above,reflect Justin's approximation of hours spent on review and approval of the permit applications, If inspections of all the conditions is required on all permits, the runes will be increased, Most of the 5 hours spent on the Hudson/Walters wedding was spent following-up on the fact that they did not abide by our conditions.If they would have,it would probably only have been an hour or less of time, Police; Police hours include permit application review,route/site visit, planning meetings,prop and total hours for � all assigned staff, Hours marked with * indicate all or some staff costs reimbursed by event host. Streets:They help with a lot of neighborhood gatherings (Night to Unite,block parties), On average, the Street Dept spends a niinimum of 2 hours for each event delivering and picking up barricades, i i 4 ORDINANCE 09- 01 i CITY OF ELK RIVER AN CE OF THE CITY OF ELK RIVER AMENDING ARTICLE Xl, OF THE ELK RIVER CITE' CODE OF ORDINANCES T ADD NEW SECTION 38-510 to 38-522 DEFINING AND REGULATING SPECIAL EVENTS The City Council of the City of Elk Diver sloes hereby ordain as follows; i 5ecdga 1, That Article X1 of the City of Elk River Code of Ordinances is hereby amended to add new Section 38 thereto,to read as follows; 38-510 purpose and Findings The purpose of this chapter is to protect the health, safety and welfare of the citizens of this city by regulating the tune, ` place and manner of Special Events as defined hetein, and by establishing permit requirements and other regulations for conducting special events.The City Council finds that special events often exceed the city's capacity to provide usual city services.These city services include,but ate not limited to,sanitary facilities, fire, police and utility services. The City Council also finds this ordinance necessary to ensure that such events ate conducted with sufficient consideration given to public safety issues including,among other things, the iuxxpact of these events on parking and traffic management within the city, 38-511 Definitions For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Perron; A natural person,association, organization, club or group formed for a common purpose,a partnership of any kind,limited liability company, corporation of any other legal entity. Specal Evoid, An outdoor gathering,whether on public or private property, open to the public where at least 50 individuals are expected to, or do, assemble with a common purpose for a period of one hour or longer, Special Events include,but axe not limited to,concerts, fairs, carnivals, circuses,parades, flea I-narkets,marathons,walkathons, festivals,races,bicycle events, celebrations, or any other gathering or events of similar nature, Special.(;vents do not 11� include private,noncommercial events such as graduation parties or social parties. I f 38-512 Permit Required No person shall hold, conduct,or participate in a Special Event within the city unless a permit has been issued for such Special Event upon timely application as required by this ordinance, 38-513 Application .Application must be made at least 60 days in advance of the proposed date of the Special Event. This application period shall not begin to tun until a complete application has been filed with the city, The application for the tequired permit shall be made to the city clerk by filing the permit fee, any deposit required to cover estimated costs to be incurred by the City for the Special Event, and by completing an application form provided by the city clerk, in addition to such additional information as the city clerks may require,the application shall include: a) Type and description of the Special Event and a list of all activities to take place at the Special Event, f b) Name of the sponsoring entity, contact person,address,and phone number. i G) Proposed date(s) of the Special Event,together with the beginning and ending tithes for each date. d) proposed location of the Special Event, including a snap of the proposed area to be used which shows any barricades, street route plans or perimeter/security fencing. e) Estimated number of Special Event staff,participants, and spectators. i) Any public health plans, including supplying water to the site, solid waste collection and provision of toilet facilities. g) Any fire prevention and emergency medical service plans, h) Any security plans. i) The admission fee, donation or other consideration to be charged or requested for admission to the Special Event,if any. j) Whether food or alcohol is to be served or sold at the Special Event, k) Signature of the applicant, 1) If the Special Event will be in a residential area and one or more streets are proposed to be closed, the applicant must collect and submit with the application signatures of or on behalf of the owners or occupants of all properties whose vehicular access to their properties will be blocked, consenting to the street closure. 38-514 Issuance of Permit, CotiLditions Except as provided in Section 38-515,Special Event permits will be issued upon City Council approval. Reasonable conditions may be attached to the permit as are deemed necessary to protect the health, safety and public welfare, provided that such conditions shall not restrict the right of free speech, Such conditions may include, but are not hiinited to, (a) Alteration of the date(s), t.hne(s),route,or location of the proposed Special Event. (b) Elimination of an activity at the Special Event which threatens the public safety and welfare,or which causes undue liability to the City. (c) Requirements for the use of garbage containers and the cleanup and restoration of any public property, (d) Requirements for appropriate sanitation facilities and the availability of potable water, (e) Requirements for appropriate traffic control measures including barricades, fencing, traffic cones, etc. i Re uizetnents for appropriate securi and crowd management. (� q �' security (g) Requirements concerning the accommodation of pedestrian or vehicular traffic,including restricting � the event to only a portion of a street or right-of-way, l i (h) provision of adequate emergency and medical services, (i) Compliance with all requirements of the most currently adopted State Fire Code,including an onsite fie inspection if required by the State hire Code. (j) Anyone operating amusement rides must comply with the requirements of MN Statute 184B regarding carnivals. f i 01) Catnivals are allowed 7 days to store and set tip equipment prior to their Special Event and 7 days to clean up the site after the conclusion of the special Event. i (1) Candy may be handed out at parades but:is not allowed to be thrown from moving objects. l (ra) Requirements concerning the area of assembly and disbanding of a parade or other events occurring along a route. (n) Removal of advertising/promotional materials, (o) Requirements for appropriate lighting, (p) Requirements for the use of City personnel and equipment, (q) Compliance with animal protection ordinances and laws, Restrictions on the use of amplified sound and compliance with noise ordinances, regulations and laws, (s) Requirements to provide notice of the Special Event to surrounding property owners. (t) Restrictions on the sale or consumption of'lcohol and compliance with all applicable liquor license laws, i (u) Applicant must secure all necessary permits from outside agencies such as Mn/DOT or Sherburne County for road closures, 38-515 Exceptions I (a) The requitement for:a Special Event Permit does not apply to the following: 1, Special events sponsored and managed by the city. 2. Special Events held on School District property, 3. Neighborhood block patties held in connection with National Night Out, 4, Neighborhood block parties where no st:teets are proposed to be closed, 5. Funerals and funeral processions, 6. Regularly established assembly events on the grounds of any school,playground, city, or county park, place of worship,hotel conference center, stadium, athletic field, arena, auditorium or similar place of assembly. (b) Neighborhood block parties which are not excepted by (a) above shall require the issuance of a Special Event Permit,subject to the following; I. Permits for block parties where only one block is proposed to be closed may be issued by City staff unless staff refers the application to the City Council, 2, No indemnification or insurance shall be required for neighborhood block parties, unless staff or City Council determines that unique circumstances tequire that indemnification or insurance should be requited, 38516 Gxounds for Denial or revocation All permit applications under this division shall be made to the city cleric and referred to the chief of police and such other municipal departments or offices as the city clerk deems necessary fat verification and investigation of the facts set forth in the application, The chief of police and other department heads or officers consulted shall submit their reports and recommendations to the city clerk, The staff and/or council shall have the discretion to consider,in rantin g, denying or tevo u ng a permit, any i:easonable facts or circumstances relating to public health,safety and welfare including,but not limited to, the following; i i I ' F (a) The location of the Special Event would cause undue hardship for adjacent businesses or residents. (b) Special Event permit application has already been approved to hold another Special Event at the same time requested by the applicant or so close in time as to cause undue traffic congestion, or to create a situation where the City is unable to ineet the needs to provide for law enforcement and other City I services for both Special Events. f (c) The Special Event is of a size or nature that requites the diversion of too many law enforcement ' officers to properly police the event site and contiguous areas, and/or that allowing the Special Event would unreasonably deny law enforcement protection to the remainder of the City and its residents, (d) The time,route,hours,location or size of the Special Event could cause a threat to public safety, interference with normal traffic flow,congestion,or inconvenience to the public, i (e) The location of the Special Event will interfere with a construction or maintenance work scheduled to ' tape place upon.or along public property or tight-of-way. (� Failure to provide a completed application,any fees,or providing false or inisleading information, (g) The applicant fails to comply with the liability insurance requirements or the applicant's insurance lapses or is canceled, (h) The applicant fails to agree to abide or comply with all of the conditions and terms of the Special Event permit. (i) The Special Event would seriously inconvenience the general public's use of public property,services, or facilities. (j) The Special Event would create or constitute a public nuisance, (k) The Special Event could cause sigiaificant damage to public property or facilities. (1) The Special Event would engage in or encourage participants to engage in illegal acts, (m) The applicant is a minor at the time of the event, 38-517 Process for Denial or Revocation Failure of any person to comply with any of the ordinances of the city or the laws of the state shall be grounds for denying or revoking a permit granted under this division, If a peiuAt is denied or revoked by the City Council,the city must notify the applicant with the reason(s), The applicant shall be allowed an opportunity for a hearing pursuant to Chapter 38,Article II of this Code, i Any permit issued may be summarily revoked by the City's chief law enforcement officer or hire Chief at any time when, by reason of disaster,public calamity,riot or other emergency, the law enforcement officer or Fire Chief determines that the safety of the public or property requires such revocation, 38-518 Fees and Expenses "! The application fee for a Special Event permit shall be established by ordinance by the city council and the current application fee shall be paid at the time of application for a permit, In addition, the applicant for a Special Event permit must pay all expenses incurred by die City with respect to the Special Event including,without limitation,all expenses related to the provision of police, fire or traffic innanageinent services required for the event and the enforcement of the permit,including any permit conditions. The City may,as a condition of permit approval,require the applicant to deposit with the City an amount up to 115% of the estimated City expenses as determined by the Finance Department provided, i however,the applicant's obligation to pay all expenses as provided in this section is not limited to the amount of the deposit.In the event that the actual expenses of the City related to the event are less than the amount of the deposit, the City will refund the excess funds to the applicant, 38-519 Indemnification All Special Event permits shall include a provision by which the permit holder agrees to defend,indemnify and hold the City,its officers and employees,harmless from any liability,claim, damages,costs,judgments or expenses,including attorney's fees,resulting directly or indirectly from an act or omission including,without limitation, professional errors and omissions of event promoter,its agents or employees, arising out of the conduct of the activity authorized by such permit and against all loss caused in any way by reason of the failure of the event promoter to fully perform all obligations under this section, 38-520 Insurance Requirements Subdivision 1, arability Insurance Required. The applicant or sponsor of a Special Event must possess or obtain liability insurance to protect against loss from liability for damages on account of bodily injury or property damage arising from the special event.A certificate of insurance must be filed with the City prior to issuance of any Special Event permit.The cettificate of insurance must name the City,its officials,employees and agents, as additional.insureds. Insurance coverage must be maintained for the duration of the Special Event, Subd• 2, Minimum T 3_mit9• Insurance coverage must be a commercial general liability policy.The minimum limits must be at least$1,000,000. If alcoholic beverages are to be sold or distributed at the special event, the policy must also include an endorsement for liquor liability per Chapter 6 of the City Code,The City Council may require additional endorsements depending upon the type of special event and proposed activities, Subd, 3, Waiver or Reduction of Requited Llm't% The City may waive or reduce the innsurance tequirements of this Section under the following citcumstances: a) The applicant or officer of the sponsoring organization signs a verified statement that it believes that the special event's purpose is First Amendment expression and that the cost of obtaining the insurance is so i financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression; b) The applicant or an officer of the sponsoring organnization signs a verified statement that the insurance coverage required by this Section is impossible to obtain;of c) The City Council determines that the insurance requa:ements are in excess of the reasonable risk presented by the proposed special event, 38-521 Applicability The provisions of this chapter and of all regulations made thereunder and all permits issued thereunder shall be subject to all applicable and controlling provisions of federal,state and city laws, and of all regulations and orders issued thereunder, 38522 Penalty Violation of'ny provision of this chapter shall be a misdemeanor and subject to all penalties provided for under state law. Section 2, That this ordinance shall tale effect upon publication as provided by law, i Passed and adopted by the City Council of the City of Ellt River this 2"'day of March,2009. i 1 i I Stephanie KHnzing,Mayon ATTEST: Tina.A.11ard,City Cleric i i 1 L i , i i i DRAFT Special Events Policy Elk River I. Purpose The city encourages events and supports the use of public-owned facilities and outdoor venues for special events, such as festivals,performances, and programs because they contribute to quality of life and promote community. To ensure public safety,help create an environment for the smooth operation of events, a pleasant experience for participants, and to balance the quality of life needs of surrounding residents/businesses, the city provides general services to support such events. Adequate advanced planning and coordination are key to the success, smooth operation, and safety of any event. The city has developed this policy to facilitate advance planning, coordinate scheduling and arrange for appropriate city services and operations to serve the event in a timely manner. 2. Special Event Permit a) Application Procedure Public facilities are booked on a first-come first-serve basis. i. Contact staff as early as possible to make sure facilities are available on the date of the event. ii. Special Event Permit Applications are due 60 days prior to the event. A completed application is met when all requirements listed on the application have been met and required fees/deposits are paid. Application will be reviewed for completeness and routed to appropriate city staff for acknowledgement and comment of service and operations support for the event. The permit is non-transferable. Staff may convene meetings with the event planner as needed to facilitate coordination of activities and services. City Council approval is required for special event permits. b) Changes in Plans (Application Amendments) The permit is issued based on the conditions in the permit application. Event planner must notify the City Clerk's office about any changes in plans, activities, or service requirements no later than three weeks prior to event so accommodations can be made,if feasible. If accommodations are not feasible, then the event planner must follow the arrangements specified in the permit application. Inadequate or failure to notify the City Clerk's office about changes in plans and violations of the terms of the permit will result in forfeiture of the event deposit and may jeopardize approval of permits for future special events and/or specific activities by the event planner and/or sponsoring organization. c) Permits from Other Agencies Event planner is responsible for securing any other required permits,permissions, or services from agencies other than the city that may have jurisdiction over activities at a special event. O 3. Charges and Fees a) Schedule of Fees The city collects charges and fees as authorized by the City of Elk River Master Fee Schedule. Charges may also be imposed by agencies other than the city for required permits and/or services. It is the event planner's responsibility to identify and pay such charges. b) Insurance Fees Depending on the size and activities of the event,the event planner may be required to purchase liability insurance for the event. c) Payment of Fees Payment of fees and charges are due upon submission of the permit application. d) Event Deposit In addition to charges imposed in the Master Fee Schedule, the event planner must pay all expenses incurred by the city with respect to the special event including,without limitation, all expenses related to the provision of police, fire or traffic management services, damages to public property, and the enforcement of the permit,including any permit conditions.The applicant's obligation to pay all expenses as provided in this section is not limited to the amount of the deposit. In the event the actual expenses of the city related to the event are less than the amount of the deposit,the city will refund the excess funds to the applicant. e) Refunds Allow 30 days for processing of any authorized refund. 4. Rules, Regulations, and Requirements for Special Event a) Availability of Event Planner Prior to and During Event During set-up and the event itself,the event planner or a designee must wear an identification badge provided by the city in order to be known to the public and city staff. The event planner or a designee also must be onsite at all times. Event planner should have the permit available to show officials upon request during event set-up and the event itself. Actual display of the permit is not required. The event planner should be prepared to handle questions and problems regarding the event, such as resolving disputes among vendors and rain delays. b) Information Station at Large Events During set-up,break-down,and the course of large events,the event planner shall provide a clearly marked Information Station in a location convenient to attendees,vendors, and other parties involved in the event. Event staff or volunteers shall be available to provide general information, directions, or other assistance, and to serve as a drop-off point for equipment, supplies, and lost and found items. The city will not be responsible for equipment or supplies left unattended. c) Emergencies All non-emergency services and needs must be arranged for in advance. Event planner should contact 9-1-1 in case of emergencies. d) Provision of Space for Public Safety Command Center At the discretion of the city, a Command Center will be used to stage emergency public safety and medical response,provide education,and provide a station for lost children. e) Provision of Space for City of Elk River Outreach Activities Upon request by the city,the event planner agrees to set aside space at no charge to the city for public outreach and/or public relations activities. f) Access to Closed Areas Event planner is responsible for controlling access by authorized parties to streets and parking lots that have been reserved for the event. g) Care of Public Property Event planner shall support the city in ensuring that public property is protected from damage other than from normal wear and tear,including, but not limited to,vandalism; damages to grass; shrubbery or trees; monuments; benches or other park amenities;underground utilities; asphalt in streets and parking lots. Persons found damaging public property shall be prosecuted to the extent the law allows. If damage to public property is a result of failure of the event planner to adhere to terms of this policy and/or permit requirements,then the cost of repairs will be subtracted from the event deposit, and a higher deposit may be required for future events. S. Provision of City Services and Operations Support to Event Event planner is responsible for setup such as site preparation,parking lot closures, street signs, etc. and will incur those costs. If the city provides barrels, cones, etc, for blocking parking lots, then the costs will be paid for by the event planner. With proper advance notification,the city can provide the following services and operational support to special events. a) Solid Waste Services Upon request, the city will provide recycling containers. Event planner may need to roll the containers to desired locations. The Street Department will remove containers at the conclusion of the event and requires the event planner to consolidate the containers to a single location. Consult directly with licensed provider of choice on what is recommended for the size and type of event for garbage containers. b) Street and Parking Lot Closings Parking Lot Closings The city can provide barrels, cones,and/or barricades for blocking public parking lots upon request at time of application. City Streets Any use of the street will require traffic control be provided. All traffic control shall be laid out and provided by a trained traffic control company at the expense of the applicant.All traffic control devices shall follow the current Minnesota Manual on Uniform Traffic Control Devices for layout and type. Traffic control layouts shall be submitted for review at time of application. 0 Downtown Events Two predefined traffic control plans have been established for events held in downtown Elk River. Event Planner is required to select one plan and hire a trained traffic control company to set up the road closure (s). Both of these closures require traffic control devises to be placed on MnDOT right-of-way. The City must have the contact information of the applicant and the selected traffic control company three (3) weeks ahead of the planned closure so the city can obtain a permit from MnDOT. County Streets and State Hi ghavays Request to close all or part of a state or county maintained road must be approved by the MnDOT or Sherburne County. Said approvals shall be in place and submitted as part of the traffic control layout at time of application. Notification of Street and Parking Lot Closings The event planner is required to notify surrounding businesses, residents, and organizations. The city will provide a template of the notice that must be distributed. The city will provide a list of the property owners who must be notified. Event planner must submit an affidavit that the notice was distributed. Notification will go to: ■ Property owners abutting a route (walks, runs, bike races). ■ Property owners within a 500' radius for events at a location (downtown parking lots). ■ Impacted property owners of a street closure must also be notified. The Communications Coordinator is responsible for posting closing information through city marketing tools at least two weeks in advance of any public street and/or parking lot closing for the event. c) No Parking Signs Event Planner may be responsible for the cost of No Parking signage. Signs must be approved by the Police Department. d) Tent Staking No stakes are allowed on any paved public parking lot or street. If request is made to drive stakes on non-paved public property or private property,utility locates must be called in and completed to mark all underground facilities. Any damages resulting from the stakes to the turf, aggregate surface, irrigation or other utilities will be charged back to the event planner. e) Public Safety Routine police, fire, and emergency medical services are provided by the city.Any police officers and fire,rescue, emergency medical services personnel stationed on location by the city are subject to being called away for emergencies in other areas of the city during special events. The police department will assess the need for traffic and crowd control in advance based on information in your application. During event set-up,implementation,and follow-up, the police department may close and/or open additional areas and take other actions that may impact the event in order to preserve public safety. 0 Event Planner may contract to have police or fire personnel specifically assigned to the event. The police and fire department shall determine whether sworn or reserve personnel are most appropriate for the event as well as the number of personnel required. For events on city property, an Elk River police officer must be present if alcohol is served, from the time alcohol is served,until the end of the event and will be billed at a minimum time of 3 hours. Outdoor Events The fire department may request a Severe Weather Plan. The city reserves the right to suspend any activities if circumstances pose a threat to public health and safety and/or to public or private property. fl Compliance Inspection The Fire and Building Safety Division will perform onsite inspection of the event to ensure the requirements of Section 6(b) are being met. Penalties for violation are outlined in Section 6(a) of this Policy. g) Publicity Resources It is the responsibility of the event planner to notify the public about the event. Upon request, the city can assist with event publicity through the following means: ■ Community calendar on the city website. ■ ERtV 12 local cable access channel. ■ Upon request,banners can be hung to publicize a special event. To be eligible to hang banners, the applicant must be a charitable and/or non-profit organization who meets the Internal Revenue Code definition contained in Section 501 (C)(3). In addition,the banners have to meet certain specifications as outlined in the banner policy. There is no charge for creation or installation of these banners. Event planner must provide a publishable telephone number that the public can call to obtain more information about the event to use this service. In-kind services are provided by city departments in support of special events,including regular and overtime staff hours, regular and overtime equipment hours, supplies, and other services. Event planner shall list the city as a sponsor on marketing materials. If there are levels of sponsorship,the city must be listed at the highest level on all marketing materials. Other resources the event planner could contact to promote their event.* ■ Elk River Area Chamber of Commerce—763.441.3110 ■ Elk River Star News—763.441.3500 ■ ExploreMinnesota.com ■ Aroundthecloud.org—for arts related events 6. Enforcement of Terms of Special Events Permit and Policy a) Penalty for Violations Violations of the terms of the Special Events Permit and Policy by the event planner and/or sponsoring organization may result in the following penalties: a. Forfeiture of all or part of the event deposit. b. Denial of future Special Event Permits for the event planner, sponsoring organization and/or agents. c. Denial of specific components of future special events by the event planner, sponsoring organization, and/or agents. d. Payment of an event deposit penalty for future special events by the event planner, sponsoring organization or their agents to the extent that the Master Fee Schedule allows and as determined by the Finance Director. e. Per Section 38-523 of the Elk River City Code,violation of any provisions of the Special Event ordinance (Section 38 Article XI) shall be a misdemeanor and subject to all penalties provided for under state law. b) Description of Violations Any and all of the following infractions will be deemed a violation of the Special Events Policy and/or Special Events Permit: a. Damage to public property. b. Failure to arrange for needed non-emergency city services in advance within the required timeframe. c. Allowing activities to take place that were not specified in the Special Events Permit Application or amendments to the application. d. Failure to comply with rules, regulations, and requirements as specified in this policy and local and state law. e. Failure to comply with additional requirements and/or specifications as noted on the Special Events Permit application or amendments. O