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8.4. SR 06-03-2013 Elk REQUEST FOR ACTION River TO ITEM NUMBER Mayor and City Council 8.4 AGENDA SECTION MEETING DATE PREPARED BY General Business June 3, 2013 Tina Allard, City Clerk ITEM DESCRIPTION REVIEWED By Special Event Policy Cal Portner, City Administrator REVIEWED BY ACTION REQUESTED Adopt by motion the Special Event Policy. BACKGROUND/DISCUSSION On May 13, Council reviewed the draft Special Event Policy. The policy was created to balance public safety and quality of life needs but yet assist event planners in having successful events and create a sense of community. The policy will assist event planners and staff on working together though the event permitting process. Fees for special events will be reviewed this summer with Parks and Recreation Department fees and will be incorporated into the Master Fee Schedule for implementation in January of 2014. Enforcement of the policy will be performed by the Fire and Building Safety Department. They'll complete onsite inspections of permit conditions and public safety concerns. Policy Changes ■ 4 (a)Availability of Event Planner Prior to and During Event Staff is amendable with not having a requirement for the event planner to wear an ID before, during, and after an event. ■ 4(b)Information Station at Large Events Staff is amendable with a policy change to recommend that larger events have an informational booth at their event rather than making it a requirement. ■ 4(e)Provision of Space for City of Elk River Outreacb Activities This section has been removed. ■ 50 Publicity Resources Events will be advertised in the community calendar on the city website at the request of the event planner. The cable channel is not a community access channel but rather a government access channel. The channel has guidelines for the content that is allowed on the channel. N:\Public Bodies\Agenda Packets\06-03-2013\Final\x8.4 sr Special Event Policy.docx NA f RE] Staff recommends removal of the sponsorship information from the policy presented in the draft policy. It would be difficult to track departmental time spent to determine sponsorship levels. ATTACHMENTS • Special Event Policy • Email comments from Debbie Rydberg,Elk River Area Chamber of Commerce N:\Public Bodies\Agenda Packets\06-03-2013\Final\x8.4 sr Special Event Policy.docx Special Events Policy -Elk River I. Purpose The city encourages events and supports the use of publicly-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 keys 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/deposit 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 nmst wear an identification badge provided by the city in order to be known to the public and city staff, The event planner or 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,it is recommended that 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 should 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. 0 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 Spaee for City of Elk River Outireaeh Aetivities Upon request by the citr,the event plaianer agrees to set aside space at no charge to the city fo public ott"each and/or public relations activiff--s. 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 Event, 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 0 department may close and/or open additional areas and take other actions that may impact the event in order to preserve public safety. 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. f) 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 list the ass: wi event : on the community calendar of the city website. f ED+V 17 ocal cable ,. c e Upon request,bantiers cati be hung to publicize a special event. To be eligible to halig banners, the applicant must be a char4table and/or iaoti profit who meets internal Revetrde Code defintitioti contained in Section 501 (C)(3). in additioft,the hanii have to meet ceftain specifications as outlitied iti the hanfier policy. There is no charge f ft � ..ta fl.41 of these 1.,thn a-. Event planner must provide a publishable telephone number that the public can call to obtain more information about the event to use this service. sponsorship,in kind sefvices are provided by city depar"—eft"s fn suppoft of special eveffts,including regula overtime staff hours, regular and overtime equiptnefft hours, sVplies, and other sefvices. E-Ven 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 ■ ExploreA innesota.com ■ Aroundthecloud.org—for arts related events 0 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 Allard, Tina From: Debbi Rydberg <Debbi @elkriverchamber.org> Sent: Wednesday, May 15, 2013 3:04 PM To: Mayor John Dietz; Portner, Cal;Allard, Tina; pmotin;Westgaard, Matt; bburandt @elkrivermn.gov; swilson @thebankofelkriver.com Subject: Special Events Policy City Council, Cal Portner &Tina Allard: I applaud the effort of city staff in working toward a comprehensive special events policy. I understand that at a time when events seem to be blossoming in our community, that it is important for city staff to get a handle on their response to requests for assistance. Many of the provision of this draft policy are excellent and help to ensure public safety and smooth operation of the event. Coordination of services provided is central to a well-run event. As a 15 year veteran of community events and a Certified Festival Manager, I do have a few concerns that I wanted to bring to your attention for consideration before the policy is passed by the council. 1. Throughout the policy it is very unclear how it will be determined which City services will be offered and what if anything will be the charge. Is the fee an application fee, a user's fee or reimbursement to the City of Elk River for their expense in assisting with the event? Addressing this now will help to alleviate confusion and manage expectations of both parties. 2. Identifying the event planner at the event, while important, it is not necessary to issue a city identification badge. Many events have their own identification of volunteers and staff. The enforcement personnel need contact information, such as a cell phone number, but a badge seems unnecessary. 3. While it is best practices at very large events that an information booth is available, unless the City of Elk River is running the event, it really isn't their call to require it. It most certainly can be a recommendation. 4. The provision of space for outreach activities also falls under great recommendations, but probably not something the City wants to dictate to each organization or event planner. Event organizers are taking on the cost of promotion and creation of an event, if the City needs space then they need to consider remuneration just as any other participant would. If a community outreach booth does not enhance the purpose and goals of the organization or their event, it should not be a requirement by the city in exchange for their services. 5. Sponsorship for an event is a negotiated item and again should be left to the discretion of the event organizers. Offering city services as an in-kind sponsorship instead of a paid service is certainly a great idea that will create a win-win scenario, however requiring that every event that takes place within the City limits names the City of Elk River as the presenting sponsor, is just not fair to any organization, or to the City. Best practices among event planners is that in-kind services are recognized either in their own category or on a 2:1 ration with cash sponsors 6. Consider adding back community event information on the Cable channel. It is my understanding that this is a community access channel and as such, event promotion, within guidelines is an appropriate use. I would be more than delighted to help council and staff as they work toward creating a policy that supports the needs of the City and the needs of event organizers. Please do not hesitate to contact me with any questions or concerns. 1