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10.7. SR 09-08-2020 Request for Action To Item Number Mayor and City Council 10.7 Agenda Section Meeting Date Prepared by Work Session September 8, 2020 Tina Allard, City Clerk on behalf of Police Chief Ron Nierenhausen and Public Works Director Justin Femrite Item Description Reviewed by Special Events Cal Portner, City Administrator Reviewed by Action Requested Discuss special event menu options and fees. Background/Discussion Police and public works staff will be in attendance to discuss event options and fees. Attached is a refresher from a previous discussion about this subject. Also attached is a sample menu of events ranging from lowest costs/resources to high. Actual costs and time are outlined to give Council an understanding of the full picture before making decisions. Financial Impact When it comes to city fees, the Council can choose to set fees to fully recover the cost of services or put them at a lower rate to provide a certain level of subsidy. There are programs that may justify a subsidy, such as community supported public services based on social, safety, or general community welfare. Special events can be a service that benefits the community. Mission/Policy/Goal The Elk River mission is, Where Council and staff work with citizens to develop a sustainable and prosperous community for all to live, work, and play; and to appropriately govern in an ever-changing environment. Events vary and many are an opportunity for community play or raising funds for community causes, and Council must consider a balance with subsidization of staff time, resources, and fees versus the burden to taxpayers. Attachments  October 17, 2019, Staff Report and Minutes  Menu Design and Cost Breakdown The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: August 2020 Request for Action To Item Number Mayor and City Council 10.2 Agenda Section Meeting Date Prepared by Work Session October 7, 2019 Tina Allard, City Clerk Public Works Director Justin Femrite Police Chief Ron Nierenhausen Item Description Reviewed by Special Events Cal Portner, City Administrator Reviewed by Action Requested Discussion about the special event policy, process, and fees. Background/Discussion The Council established the Special Event Permit to assist event planners in planning safe and successful events by systematically coordinating efforts of city departments. Special events often affect the ordinary use of public streets, rights -of -ways, and/or sidewalks and require time and resources. Staff would like to review current practices and make sure everyone is on the same page regarding policy, process, and fees. Races The city gets various requests for fundraising runs throughout the year. Depending on the start/finish line placement, timing of the event and preparedness of the organization running the event, some of the events are more troublesome than others. Challenges include: ■ Races that begin/end downtown require street closures impacting Highway 10. ■ Downtown street closures required traffic control plans contracted through local traffic engineering firms and cost about $3,000 per intersection. Many of these events are fundraisers and applicants avoid adding the expense. ■ Applicants often try to avoid the cost of road closure by intending to keep runners on the sidewalk, which has not been successful to date creating public safety issues. ■ Limited resident access to their homes along race routes. How frequently should a neighborhood be affected by a special event? ■ Disruptions to traffic flow, arterial connections. ■ Two major highways cut through city and limits route options. ■ Wintertime runs o The city attorney indicted the city has exposure if a route is not inspected and cleared. o Run events can cause snow/ice/plowing challenges. Depending on the severity of winter, it can be impossible to have sidewalks cleared for runner safety and it can be difficult to commit plowing/support resources at this time of year. ■ Additional police services cost approximately $3,000 (5 FT and police reserves for a downtown race. The Elk River Vision A PehoMing community �a itb revolutionary and spirited resourcefulness, exceptional P 01 W E H E 8 6 T service, and community engagement that encourages and inspires prosperity INAMIRE1 Service Levels and Fees for Special Events We charge fees for private events on public property. A private event would be similar to a wedding. We have not had to charge for a private event in years as most of them utilize the park system versus other city property. We collect a deposit of $250 for events on city or public property, which is returned if there is no damage from an event. Fees for the rental and delivery of equipment, such as barricades, clean-up, are not established in the fee schedule. An example of services for one actual event which takes 3 FT staff approximately 6-8 hours: ■ Place ice/snow fence and bin ■ Place 4 bleachers ■ Install Handicap Parking signs ■ Place fire pit ■ Place 2 barricades ■ Add garbage and recycling bins and extra bags ■ Move porta potty ■ Plow areas discussed? Especially removing ridges as best possible ■ Plow under the pavilions, apply salt ■ Salting parking lots The policy questions for the council to provide direction: 1) Should the city be reimbursed for personnel/equipment costs for event set up for fundraising events? 2) Should the city be reimbursed for additional public safety/security costs beyond typical service levels? 3) Should races originating downtown be required to have a traffic plan and downtown street closures at event planner expense? 4) Should races not originate and/or end downtown? 5) Should winter races be allowed? If so, should they be street races only with required traffic plan and road closures? There are no standards to these questions, as fees and process vary greatly from city to city. Financial Impact None Attachments ■ 2017-2019 Events ■ Special Event Policy ■ Most Utilized Run routes ■ Special Event Ordinance N:APublic Bodies\Agenda Packets\l0-07-2019\Done\xl0.2 sr Special Events.docx City of Elk River Special Event Permits 2017 (by date) Event Date Description American Truck Historical Society June 17 Collector truck show Erich Kanne Memorial Foundation July 3 Fundraiser — outdoor concert, food Sherburne County Fair Board July 20 — 23 Fair and parade Broadway Bar and Pizza August 27 Car show Jessica Kegley September 16 Block party Eagles Club September 23 Outside event — food, music Elk River Municipal Utilities September 23 Grand opening electric vehicle Elk River High School September 29 Homecoming Parade ERX September 30 Day of the Dozers ERX/Three Rivers October 7 Concert Z lstra Harley Davidson Multiple dates Multiple events 2017 SK Requests Shiver Elk River February 11 5K McCoy's Pub March 11 5K Besser Sunshine Memorial 5K May 13 5K Thumbs Up High 5K September 30 5K City of Elk River Special Event Permits 2018 (by date) Event Date Description ERX June 2 Bulls and Barrels — professional bull riding and concert American Truck Historical Society June 16 Collector truck show Emmanuel Lutheran Church July 14 & 15 Centennial Celebration — carnival, food, crafts, music, bounce house Sherburne County Fair Board July 19 — 22 Fair and Parade ERX August 4 Lu ulin IPA Invitational Little Lambs Learning Center August 23 Carnival, food, bounce house Old West History Fest August 24 Old West reenactments Elk River High School September 21 Homecoming Parade ERX/Livin Foundation September 22 Festival Z lstra Harley Davidson Multiple dates Multiple events 2018 SK Requests Shiver Elk River February 9 & 10 5K CAER/McCoy's 5K March 10 5K Besser Sunshine Memorial 5k May 19 5K ERX May 19 Extreme 5K — obstacles at ERX Thumbs Up High 5K September 29 5K City of Elk River Special Event Permits 2019 (by date) ERX June 1 Bulls and Barrels - professional bull riding and concert ERX une 29 Lu ulin IPA Invitational Sherburne County Fair Board July 18 — 21 Fair and parade Central Lutheran Church July 20 Outdoor market - Cancelled Eagles Club July 20 Car show Laura Hayer August 24 Feed My Starving Children fundraiser — games, bounce house Brandon Johnson August 24 Block party — Denied (bug road Barbara Bothun August 24 Block party Old West History Fest August 24 Old West reenactments - Cancelled Jessica Kegley September 7 Block party Ae it Brewing Co September 21 Event at their manufacturing plant Elk River High School September 27 Homecoming Parade CAER October 8 401h Anniversary Union Congregational Church Multiple dates Flea market Zylstra Harley Davidson Multiple dates Multiple events 2019 SK Requests Shiver Elk River February 9 5K CAER March 9 5K — Denied (weather) Salk Middle School May 4 5K Elise Hunt May 18 5K - Cancelled Thumbs Up High 5K September 14 5K Lit. vl Ells =T River Special Events Policy 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. 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. 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 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 provide a clearly marked Information Station in a location convenient to attendees, vendors, and other parties involved in the event. Event staff or volunteers 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. 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) 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. f) 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. 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 Higbways 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 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 event: on the community calendar of the city website. Event planner must provide a publishable telephone number that the public can call to obtain more information about the event to use this service. Other resources the eventplanner 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. � 4e • ©-V ¥ r] + % � _ $ 9 � « C &EX SX) � #a ' _it Products North', -;Itb , $6 ƒ � .� E k � o » m#@NW ghgmq I lip ¥ � . s Willi m H. Houz o| n » «py Conservation Wre6. . \ � . . & k � § � 3 .F3 1 I& I& italic} S O fvrUno Hd NW I , T1 •`r 14 .� Ivy. Munic'ipa Utifiiies �• f c Elk Rive Ofice"`,�� Elk k 'er City Hal! 4 Department i3ai IR NW Ave CA AS Ur N R iJr► V-Vr r[L r art' glow � � R Go gle Maps 4(ghlaryJ 26wk ('enIK hlidd(t schoo ( 5K) Imagery ©2019 Maxar Technologies, U.S. Geological Survey, USDA Farm Service Agency, Map data ©2019 500 ft City of Elk — - R.iver ARTICLE XI. - SPECIAL EVENTS Footnotes: --- (10) --- Editor's note— Ord. No. 09-01, § 1, adopted March 2, 2009, enacted provisions intended for use as art. XI, §§ 38-510-38-522. To preserve the style of this Code, and at the editor's discretion, these provisions have been included as §§ 38-511-38-523. Sec. 38-511. - 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 time, place and manner of special events as defined herein, 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 are not limited to, sanitary facilities, fire, police and utility services. The city council also finds this article necessary to ensure that such events are conducted with sufficient consideration given to public safety issues including, among other things, the impact of these events on parking and traffic management within the city. (Ord. No. 09-01, § 1, 3-2-2009) Sec. 38-512. - Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Person means a natural person, association, organization, club or group formed for a common purpose, a partnership of any kind, limited liability company, corporation or any other legal entity. Special event means 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 are not limited to, concerts, fairs, carnivals, circuses, parades, flea markets, marathons, walkathons, festivals, races, bicycle events, celebrations, or any other gathering or events of similar nature. Special events include private, noncommercial events such as graduation parties or social parties held on city property, regardless of the number of individuals in attendance, but does not include such events held on private property. (Ord. No. 09-01, § 1, 3-2-2009; Ord. No. 12-09, § 1, 6-18-2012) Sec. 38-513. - 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 article. (Ord. No. 09-01, § 1, 3-2-2009) Sec. 38-514. - 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 run until a complete application has been filed with the city. The application for the required 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 clerk may require, the application shall include: (1) Type and description of the special event and a list of all activities to take place at the special event. (2) Name of the sponsoring entity, contact person, address, and phone number. (3) Proposed date(s) of the special event, together with the beginning and ending times for each date. (4) Proposed location of the special event, including a map of the proposed area to be used which shows any barricades, street route plans or perimeter/security fencing. (5) Estimated number of special event staff, participants, and spectators. (6) Any public health plans, including supplying water to the site, solid waste collection and provision of toilet facilities. (7) Any fire prevention and emergency medical service plans. (8) Any security plans. (9) The admission fee, donation or other consideration to be charged or requested for admission to the special event, if any. (10) Whether food or alcohol is to be served or sold at the special event. (11) Signature of the applicant. (12) 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. (Ord. No. 09-01, § 1, 3-2-2009) Sec. 38-515. - Issuance of permit; conditions. Except as provided in section 38-516, special event permits will be issued upon approval by the office of the city clerk. 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 limited to: (1) Alteration of the date(s), time(s), route, or location of the proposed special event. (2) Elimination of an activity at the special event which threatens the public safety and welfare, or which causes undue liability to the city. (3) Requirements for the use of garbage containers and the cleanup and restoration of any public property. (4) Requirements for appropriate sanitation facilities and the availability of potable water. (5) Requirements for appropriate traffic control measures including barricades, fencing, traffic cones, etc. (6) Requirements for appropriate security and crowd management. (7) Requirements concerning the accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street or right-of-way. (8) Provision of adequate emergency and medical services. (9) Compliance with all requirements of the most currently adopted state fire code, including an onsite fire inspection if required by the state fire code. (10) Anyone operating amusement rides must comply with the requirements of MN Statute 184B regarding carnivals. (11) Carnivals are allowed seven days to store and set up equipment prior to their special event and seven days to clean up the site after the conclusion of the special event. (12) Candy may be handed out at parades but is not allowed to be thrown from moving objects. (13) Requirements concerning the area of assembly and disbanding of a parade or other events occurring along a route. (14) Removal of advertising/promotional materials. (15) Requirements for appropriate lighting. (16) Requirements for the use of city personnel and equipment. (17) Compliance with animal protection ordinances and laws. (18) Restrictions on the use of amplified sound and compliance with noise ordinances, regulations and laws. (19) Requirements to provide notice of the special event to surrounding property owners. (20) Restrictions on the sale or consumption of alcohol and compliance with all applicable liquor license laws. (21) Applicant must secure all necessary permits from outside agencies such as Mn/DOT or Sherburne County for road closures. (Ord. No. 09-01, § 1, 3-2-2009; Ord. No. 17-23, § 1, 11-6-2017) Sec. 38-516. - Exceptions. (a) The requirement 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 parties held in connection with National Night Out. (4) Neighborhood block parties where no streets 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. (7) Noncommercial events held on park property for which a permit is required through the parks and recreation department. (b) Neighborhood block parties which are not excepted by (a) above shall require the issuance of a special event permit, subject to the following: (1) 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 require that indemnification or insurance should be required. (Ord. No. 09-01, § 1, 3-2-2009; Ord. No. 12-09, § 2, 6-18-2012) Sec. 38-517. - Grounds for denial or revocation. All permit applications under this article shall be made to the city clerk and referred to the chief of police and such other municipal departments or offices as the city clerk deems necessary for 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 granting, denying or revoking a permit, any reasonable facts or circumstances relating to public health, safety and welfare including, but not limited to, the following: (1) The location of the special event would cause undue hardship for adjacent businesses or residents. (2) 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 meet the needs to provide for law enforcement and other city services for both special events. (3) The special event is of a size or nature that requires 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. (4) 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. (5) The location of the special event will interfere with a construction or maintenance work scheduled to take place upon or along public property or right-of-way. (6) Failure to provide a completed application, any fees, or providing false or misleading information. (7) The applicant fails to comply with the liability insurance requirements or the applicant's insurance lapses or is canceled. (8) The applicant fails to agree to abide or comply with all of the conditions and terms of the special event permit. (9) The special event would seriously inconvenience the general public's use of public property, services, or facilities. (10) The special event would create or constitute a public nuisance. (11) The special event could cause significant damage to public property or facilities. (12) The special event would engage in or encourage participants to engage in illegal acts. (13) The applicant is a minor at the time of the event. (Ord. No. 09-01, § 1, 3-2-2009) Sec. 38-518. - 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 article. If a permit is denied or revoked by the office of the city clerk, the city must notify the applicant with the reason(s). The applicant shall be allowed an opportunity for a hearing before the city council pursuant to chapter 38, article II of this Code. Any permit issued may be summarily revoked by the city's chief law enforcement officer or fire 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. (Ord. No. 09-01, § 1, 3-2-2009; Ord. No. 17-23, § 2, 11-6-2017) Sec. 38-519. - 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 the city with respect to the special event including, without limitation, all expenses related to the provision of police, fire or traffic management 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 percent of the estimated city expenses as determined by the finance department provided, 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. (Ord. No. 09-01, § 1, 3-2-2009) Sec. 38-520. - 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. (Ord. No. 09-01, § 1, 3-2-2009) Sec. 38-521. - Insurance requirements. (a) Liability 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 certificate 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. (b) Minimum limits . Insurance coverage must be a commercial general liability policy. The minimum limits must be at least $1,000,000.00. 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 this Code. The city may require additional endorsements depending upon the type of special event and proposed activities. (c) Waiver or reduction of required limits. The city may waive or reduce the insurance requirements of this section under the following circumstances: (1) 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 financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression; (2) The applicant or an officer of the sponsoring organization signs a verified statement that the insurance coverage required by this section is impossible to obtain; or (3) The office of the city clerk determines that the insurance requirements are in excess of the reasonable risk presented by the proposed special event. (Ord. No. 09-01, § 1, 3-2-2009; Ord. No. 17-23, § 3, 11-6-2017) Sec. 38-522. -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. (Ord. No. 09-01, § 1, 3-2-2009) Sec. 38-523. - Penalty. Violation of any provision of this chapter shall be a misdemeanor and subject to all penalties provided for under state law. (Ord. No. 09-01, § 1, 3-2-2009) Secs. 38-524-38-529. - Reserved. City Council Minutes October 7, 2019 Page 8 Mayor Dietz stated the only way he could see allowing more than three permits to an organization is if there is a process where other gambling organizations have an opportunity first before youth hockey could be allowed a fourth location. Councilmember Ovall stated pull tabs are more about convenience then the organization and if you have some that are more assertive, then by default the other organizations can't get established. He suggested the city set a limit, and then if a need can't be met for an establishment, city staff provide them a list of the organizations they are required to contact first. If those organizations don't have any interest, then open up the number of permits allowed to that first organization. Council questioned if the city had the authority to limit permits to organizations with the corporate headquarters in Elk River versus the trade area and suggested checking with the city attorney. Mayor Dietz made note the Zimmerman Fire Relief Association donates a lot of money in the Elk River area. Councilmember Wagner noted this would come back to another work session for further discussion. 10.2 Special Events: Road Closures and General Fees Ms. Allard outlined current city process and noted staff is looking for policy direction on the questions outlined in the staff report. Chief Nierenhausen stated conditions added to a permit are not being followed by applicants. He stated some races can be more challenging than others and he has a difficult time covering shifts and overtime costs to staff races. Mr. Femrite stated staff can take on any event but questioned how much staff resources Council expects and whether there should be fees for time and equipment. Councilmember Wagner noted she plans events and it is not normal practice to provide bleachers and port -a -potties for an event. Mr. Femrite noted further that some of these requests come last minute and are not part of the original application. Debbie Rydberg, Chamber representative stated events have a place in the community and there is an expectation that the only people who have the services can provide them. She stated part of the challenge with races is there is difficulty in choosing where in Elk River they can occur due to the city's unique geography (with the highways and railroad). She stated it is impossible to force runners to stay on a sidewalk and using public infrastructure shouldn't be a major concern. She addressed the comment in the staff report about limiting use of Main Street stating people run City Council Minutes October 7, 2019 Page 9 and drive on the road all the time so there should be no issues with holding a race on it as it is a public street. Chief Nierenhausen stated once the city approves a permit, it has a legal obligation to make sure it is completed in a safe manner noting an attorney opinion on liability. He stated staff has tried to steer races to other locations but applicants typically have no interest in moving as they want to be in downtown. He stated he would like to limit races to certain locations. Staff questioned the balance of time and resources that should be provided to an event and asked for Council direction on policy. Mayor Dietz stated there shouldn't be races on Main Street any time of year due to safety concerns. Council discussed the following: • What would be considered beyond typical service levels to Council. • What would be considered billable and what should be part of city service. ' Should there be predesigned signature routes with differing tiers of service and costs. ■ Assigned routes could assist in making budgeting priorities for trail connections in the future. * Legalities of race marshals. ■ The economics of what events/races bring to the community. Ms. Rydberg stated it would be helpful to nonprofit organizations to know the expenses ahead of time so they can prepare their budget. Mr. Sevcik discussed the uniqueness of each event and the levels of service requested. Council directed staff to work up planned race routes with a menu of service/cost options. 10.3 169 Redefine Update Mr. Femrite presented the staff report. He reviewed concepts and discussed impacts, value engineering, and how the current plan came to fruition over the last 6 months. Councilmember Wagner expressed concern with removal of the pedestrian bridge and didn't feel the proposed movements on Main Street would be safe enough for kids trying to cross the highway. Council noted this draft plan highlights fewer impacts to homes and businesses then they expected. P0NERf0 01 NA #iURE City Council Minutes October 7, 2019 Page 10 Senator Mary Kiffineyer noted the plans aren't final and expressed concern with closing the Line Avenue access on Main Street and the area businesses but she would like to see a larger map highlighting the impacts. She asked Council how the city would survive during construction and how the side roads would handle traffic. 10.4 Sewer Service Extension Outside of Urban Service Area Mr. Femrite presented the staff report outlining the policy questions to be considered. He discussed the request from Windsor Park 3rd Addition residents wanting to consider sewer service extension to their neighborhood. He stated a feasibility study is needed and would cost about $9,000. He discussed the differing funding options. Mayor Dietz questioned whether everyone in the development would agree to the extension and its payment. Mr. Femrite stated Council could offer up the ability to utilize the 429 Assessment Process and those who are opposed could appeal their assessment at that time. Mayor Dietz asked about the cost of hiring someone to show benefit if there are appeals. Mr. Femrite stated Council could decide not to move forward with the assessment if they feel there are too many appeals. He further stated if Council is comfortable with moving forward a solution could be worked out to have the development cover the cost of the appeals. He stated utilizing this process puts the city in the position of looking like the bad guy when really it would be the conduit to help the development out of their situation. There was discussion about whether water hookup should be required but staff noted it should be on a case -by -case basis depending on certain factors, such as costs, need, and distance from urban service district. Mr. Femrite explained typical ownership of a city collection system versus a private system. He stated he would review these differently because it isn't a conventional system the city maintains and therefore there are no engineering standards for them. He stated in this case he would recommend public ownership start at the connection where their treatment plant is located and the homeowner's association would own the existing collection system pass their properties. Councilmember Westgaard stated this seems to be a reasonable request and there is some logic to expanding the sewer beyond the current urban service district, noting it's not a leap frog jump like some other developments may fall into. He stated he'd like to see the cost estimates for the homeowners. Poll EREI A Y NATURE Special Event Menu Level 2 - Midrange Cost Level I - Lowest CostCity Center (Highland Route)Level 3 - Higher Cost Woodland Trails Regional ParkOrono Lake Route (Angry Bird)Main Street (Downtown) Council Fee Council Fee Council Fee DepartmentTotal TimeTotal CostDeterminationDepartmentTotal TimeTotal CostDeterminationDepartment Total TimeTotal CostDetermination AdministrationAdministrationAdministration Parks and RecreationParks & RecreationParks & Recreation Police0$0.00Police6$84.00Police$3,000.00 FireFireFire Public Works3$161.61Public Works6$303.21Public Works4$208.81 ActualActualActual TimeTimeTime Actual CostNotesActual CostsNotesActual CostsNotes Street/Park Assessment staff time167.21167.21167.21 Administration staff time Barricades 2 staff at 2 hours each for transport to and from All road closures to be conducted by an outside Drums eventvendor contracted by the event coordinator Reflective cones3141.600 $70/Standard1ea unit/70 participants, at least 1 units must be $70/Standard1ea unit/70 participants, at least 1 units must be $70/Standard1ea unit/70 participants, at least 1 units must be Port- a-potties0$115/ADAADA accessible0$115/ADAADA accessible0$115/ADAADA accessible Trash Drop of and pick-up of additional trash and Drop of and pick-up of additional trash and Drop of and pick-up of additional trash and Recycling1$47.20recycling containers0$0.00recycling containers1$47.20recycling containers Electrical Use0$0.000$0.000$0.00 Picnic Tables0$94.402 staff at 1 hour for every 3 picnic tables as 0$94.402 staff at 1 hour for every 3 picnic tables as 0$94.402 staff at 1 hour for every 3 picnic tables as Police: No Parking Signage6$84.002 Reserves assigned to traffic control$1,000.00Staff time dedicated to oversight Fire: Tent Review Inspecting Trails/Sidewalks, 1 staff for 2 hours to clear trails of debris (leaves, 1 staff for 2 hours to clear trails of debris (leaves, 1 staff for 2 hours to clear trails of debris (leaves, blowing/clearing debris 2$94.40sticks, etc.)2$94.40sticks, etc.)2$94.40sticks, etc.) CriteriaCriteriaCriteria No road closure1 road closure2 or rmore road closures No eqiupment Contained w/i park system Notes: Winter time versus summer time? May 1-October 15 Provide full costs and let Council decide balance. Menu Levels based on staff time and resources Road Closures cost Estmates provided?