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5.4. SR 12-17-2001City MEMORANDUM Item # 5.4 TO: FROM: DATE: SUBJECT: Mayor and City Cou~ncil Michele McPherso ,~Director of Planning December 17, 200 I Policy for Use of Lions Park Center Request The City Council is asked to approve the Lions Park Center Use Policy. Attachments Policy for Use of Lions Park Center Analysis Staff has made the following changes to the Lions Park Center Use Policy: 2. 3. 4. Deleted religious organizations from the Priority 4 user group. They will be considered non-profit groups. Added the verbatim language defining Elk River organizations and non-profit groups from the Small Theater Use Policy. Changed the section on beer and wine to encompass all forms of Alcohol. The section is now titled "Alcohol". Provided a fee schedule for reductions in the deposit based on certain circumstances. The YMCA has been offered space in the Center in order to establish a presence in the community. There have been some delays in construction. It is anticipated that the Center will open between mid January and the 1st of February. Recommendation Staff recommends that the City Council adopt the attached Lions Park Center Use Policy. S:\PLANNING\MICHMC\CCREPRTS\LionsParkCt r2.doc City of Elk River Policy for Use of Lions Park Center The Elk River Lions Park Center, located at 1104 Lions Park Drive is operated by the City of Elk River. Lions Park Center has a large banquet/meeting room, with adjacent kitchen facilities, outside staged bandshell and an outside picnic shelter, which may be scheduled for use by community residents, civic groups, non-profit organizations and non-residents. AREAS OF USE Meeting Room/Kitchen Facility: The meeting room with adjacent kitchen facilities can provide seating for up to 170 people. A variety of tables and layouts of the space are possible, see attached layout drawings. Outside Picnic Shelter: The outside picnic shelter provides room for eight picnic tables and is connected to the Center with access to restroom facilities and a serving area. The catering kitchen may also be accessed by users of the Picnic Shelter. o Outside Staged Band Shelter: The bandshell has permanent seating for 250. Electricity is available for sound equipment. This facility is quite popular for concerts. CLASSIFICATION AND PRIORITY OF USERS Priority 1. City of Elk River events, City Recreation programs, and City of Elk River governmental elections and caucuses. Priority 2. Events conducted by Elk River civic, youth groups, and non-profit organizations. Non City of Elk River governmental elections and caucuses. Priority 3. Events conducted by Sherburne County or 1SD #728 and private parties or meetings conducted by Elk River residents. Priority 4. Elk River private industry or commercial use. Priority 5. Non-resident rentals for private parties or meetings. An Elk River Organization is one with its primary physical location being within the City's boundaries. For entities wkhout set physical locations, an organization will be considered an Elk River Organization if it certifies that at least 60% of its membership is comprised of Elk River residents (subject to potential confirmation). The term non-profit includes entities that are believed to qualify for income tax exempt status; whether or not such status has officially been granted by the IRS or State of Minnesota. It also includes religious organizations; however, the usage may not be for prayer or other worship purposes. Lions Park Center Use Policy December 17, 200 I Page 2 HOURS OF USE Lions Park Center office hours: Monday through Friday, 8:00 a.m. to 4:30 p.m. Lions Park hours: Monday through Sunday, 6:00 a.m. to 10:00 p.m. The Lions Park Center is closed on City holidays, except for contract use or previously scheduled events. The park itself is open 365 days per year. The Lions Park Center will close no later than 1:00 a.m. on Friday and Saturday and 11:00 p.m. Sunday through Thursday for any and all functions. 4. Access is limited to the period of time reserved. HOW TO RESERVE THE FACILITY Obtain a Facility Use Application from the City Recreation Department, 1104 Lions Park Drive. The phone number is 763/441-4949. Applications may also be obtained on the City Recreation site at http://www.ci.elk-river.mn.us/. Submit the application, reservation fee, and deposit to the City Recreation Department a minimum of ten (10) business days prior to your requested date of use. Also required to be submitted by Priority 3, 4, and 5 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 liquor license must also be submitted at the time of application. o Upon receipt of the items listed in//2 above, the Recreation Department will complete the following: a. Verify that the facility is available for use on the requested date b. Arrange for required custodial or police staff for the event if needed Residents of the City of Elk River may make reservations up to eighteen (18) months in advance. Non-residents of Elk River may make reservations up to six (6) months in advance. 5. Residents may not reserve the facilities for a non-resident. An application will be denied if the Lions Park Center has been previously reserved or if the requested use is for an activity contrary to City Ordinance. The City reserves the right to deny or cancel a permit if the regulations are violated. o Applications may not be assigned, transferred or sub-let to anyone other than the person/organization making the application. The City reserves the right to cancel an application at any time. In these circumstances, the City assumes NO responsibility for any disruption cancellation 2 Lions Park Center Use Policy December 17, 200 I Page 3 may cause. The City will attempt to notify the applicant immediately if cancellation is necessary. FEES AND DEPOSITS Hourly, for events lasting less than 2.5 hours* User Meetin~ Kitchen Outside Outside Bandshell Priority Room Shelter w/ Shelter Only Level access to interior 1 $0 $0 $0 $0 $0 2 $0 $25 $0 $0 $0 3 $50 per hour $25 per hour $40 $20 $40 4 $75 per hour $50 per hour $40 $20 $40 5 $100 per $75 per hour $80 $40 $80 hour Event rate, for events lasting more than 2.5 hours* For Friday, Saturday, or Sunday Events, add $100 premium rate to the fees below. (Only one premium will be added to the total fee) IJser ' Meeting Kitchen Outs'ide Outside Bandshell Priority Room Shelter w/ Shelter Only Level access to interior 1 $0 $0 $0 $0 $0 2 $0 $50 $40 $0 $0 3 $150 $75 $40 $20 $20 4 $190 $110 $40 $20 $40 5 $250 $200 $80 $40 $80 *Hours include time to set up and take down. If beer or wine is being served, an Elk River Police Officer must be present. The fee for an officer being present will be $50 per hour. The follow deposit rate is also required for rental of the bandshell or the outside shelter with no access to the interior: 0-25 People $50 25-100 People $100 101-250 People $150 250-500 People $300 over 500 $500 For all other rentals by Priority 3, 4 and 5 users, a $1,000 deposit is required. Deposits are to be provided by money order, cashier's check or credit card. Deposits will be returned in full if the tables are clean and returned to the storage area on the dollies Lions Park Center Use Policy December 17, 200 I Page 4 provided, the chairs are returned to the storage racks, the trash is contained, the meeting room and other rented areas are clean, and the building is secured with keys returned to staff. Deductions to the deposit shall occur as note on the attached schedule. Rental fees and other charges are completely 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 forty-five (45) days before the event, a full refund will be issued if an alternate user is found. There is no refund of the rental fee if a permit holder cancels within forty-five (45) days prior to the event if an alternate user cannot be found. LIABILITY AND INDEMNIFICATION The group, individual or organization using any 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 City, to compensate an employee for damage to personal property by any persons(s) attending the event, and further assumes all liability for any 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 ofthe deposit. Permit holder shall be wholly and solely liable and responsible for any and all acts of every kind and nature of any member, agent, employee or guest of permit holder. Permit holder further agrees to indemnify the City and defend and hold it harmless from any and all damages, claims for damages and claims of each and every nature which might arise out of the use of the Premises during the term hereof occasioned by the act or 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 DAMAGES WHETHER OR NOT FORESEEABLE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF GOODWILL OR PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH LIABILITY. SU PERVlSON 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. SMOKING The Lions Park Center is a smoke-free building. Smoking is allowed outside the building in designated smoking areas only. Cigarette butts are to be disposed of in the receptacles provided. Clean up of cigarette butts is required in order to receive a return of the full deposit. 4 Lions Park Center Use Policy December 17, 200 I Page 5 GENERAL RULES The user of the Lions Park Center and surrounding grounds agrees to follow these rules: 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 clean, orderly fashion, including replacing items removed. 4. Trash shall be placed in designated containers. 5. All activities to conclude at the closing time stated on the permit. Comply with all City ordinances, Minnesota State Statutes, Federal laws and the established rules for use, which apply to authorized use of the Lions Park Center. 7. Use of candles or any open flame is prohibited unless approved in writing. o The permit holder shall assume full responsibility for any unlawful act committed in the exercise of the permit. All persons and any equipment associated with the rental must be out of the Lions Park at the end of the rental time. No items are to be left overnight. 10. Violation of these rules may result in forfeiture of all deposit money, the termination of the event, and the loss of opportunity to use the facility in the future. 11. All bands and audio equipment must stop playing at 12:00 a.m. if inside the building. Outside bands and audio equipment must stop playing at 11:00 p.m. ALCOHOL 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 $50.00 per hour. The Facilities Coordinator may waive the presence of the officer for certain portions of the rental period. In the event a caterer is hired to manage the serving of alcohol, the caterer must show proof of having a caterer's permit issued by the Commissioner of Public Health and Safety. The caterer shall notify the Police Chief and the City Clerk of the event. The caterer may sell beer/wine as an incidental part of food service that serves prepared meals. Lions Park Center Use Policy December 17, 200 I Page 6 Service and consumption of alcohol is allowed only in the Meeting Room. Alcohol can only be dispensed to persons twenty-one years of age or older that are attending the event for which the beverage is being served. o No compensation may be exchanged for beer and wine unless a caterer is hired according to the stipulations as listed in 7/2 or unless a temporary liquor licens is acquired by a club or charitable, religious, or other non profit organization that has been in existence for at least three (3) years. This includes donations, advance sale tickets and tips. 5. No alcohol may be served after 12:00 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 city and state liquor laws. Applicant must provide a copy of Certificate of Liability Insurance (including host liquor liability) when alcohol is served with total liability for all damages of $1,000,000 per occurrence. In the event a caterer is not hired, a copy of the applicant's homeowner's insurance will be required, showing $1,000,000 of liability coverage. Violation of these rules may result in the denial of future permits for use of the Lions Park Center. Denial of use does not exempt violators from possible civil or criminal prosecution under applicable City Ordinances, State or Federal laws. ROOM SET-UP AND DECORATION 1. Room set-up will be done the day of the event by the applicant. o Decorations may be put up by 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. 3. Paper/metallic confetti or rice shall not be used in the building or on the grounds. 6 OOO00 O000O 00000 O00OO ve[ SEATING LAYOUT - OPTION A SEATING CAPACITY: 172 RECEPTIONS, BANQUETS, AWARD CEREMONIES -ALL RECTANGULAR TABLES ARE 30"W x 72"L (FOUR ARE ADJUSTABLE IN HEIGHT) -ALL ROUND TABLES ARE 60" IN DIAMETER -36 CHAIRS THAT ARE 14" IN HEIGHT ARE AVAILABLE FOR YOUNGER CHILDREN ~~ver [ SEAT1NG LAYOUT - OPTION B [ SEATING CAPACITY: 168 PANCAKE BREAKFAST, REUNIONS -ALL RECTANGULAR TABLES ARE 30"W x 72"L (FOUR ARE ADJUSTABLE IN HEIGHT) -ALL ROUND TABLES ARE 60" IN DIAMETER -36 CHAIRS THAT ARE 14" IN HEIGHT ARE AVAILABLE FOR YOUNGER CHILDREN SEATING LAYOUT - OPTION C [ SEATING CAPACITY: 93 CLASSROOM SETUP, PRESENTATIONS -ALL RECTANGULAR TABLES ARE 30"W x 72"L (FOUR ARE ADJUSTABLE IN HEIGHT) -ALL ROUND TABLES ARE 60" IN DIAMETER -36 CHAIRS THAT ARE 14" IN HEIGHT ARE AVAILABLE FOR YOUNGER CHILDREN F-N ]NOHd FOLDING CHAIR DOLLY FOLDING CHAIR DOLLY S TORAOF- I RECT TABLE DOLLY RECT TABLE DOLLY RECT TABLE DOLLY COAT RACK ]SPACE I~TEM(S> ICONCER~S I PORTION OF.E,Om LOST I Meeting Room Tables Not Put Away $25/table Not Wiped Down $15/table Broken, Damaged or Missing $200/table Chairs Not Put Away $1 O/chair Broken, Damaged or Missing $30/chair Coat Rack/Hangers Not Put Away $25 Broken, Damaged or Missing $300/rack, $5/hanger Blinds [Broken, Damaged or Missing $200/blinds Lectern Not Put Away $25 Broken, Damaged or Missing $600 Portable PA System Not Put Away $25 Broken, Damaged or Missing $300 Overhead Projector/Screen Not Put Away $25 Broken, Damaged or Missing $150/screen, $400 projector Coffee Pot Not Put Away $10/pot Broken, Damaged or Missing $30/pot Extension Cords Not Put Away $5/cord Broken, Damaged or Missing $10/cord Cleaning Room Not Swept $50 Spills Not Mopped Up $50 [Bathrooms I Cleaning I General Cleaning Not Done l$25 Kitchen Cleaning Refrigerator Not Cleaned Out Stove/Oven Not Cleaned Counters Not Cleaned Room Not Swept Spills Not Mopped Up $5O $5O $50 $50 $50 Miscellaneous Security Facility Not Locked $100 Keys/Keycard Not Returned By the End of $100 the Next Business Day Chair Truck Not Put Away $25 Broken, Damaged or Missing $500 Table Dolly Not Put Away $25 Broken, Damaged or Missing $200 All Garbage INot Put in Dumpster 1550 Building/Grounds Any Damage Including But Not Limited To: To Be Assessed Graffiti; Gum on Furniture; Broken Fixtures, Outlets, Windows, or Doors; Holes in Walls The amounts listed above are general guidelines that will be followed. If, for some reason, the amounts listed are not enough to cover any damage or cleaning that needs to be taken care of, the City of Elk River Recreation Department reserves the right to make any adjustments necessary.