9.1 PRSR 03-10-2021
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and
community engagement that encourages and inspires prosperity
Request for Action
To
Parks and Recreation Commission
Item Number
9.1
Agenda Section
Discussion
Meeting Date
March 10, 2021
Prepared by
Michael Hecker, Parks and Recreation Director
Item Description
Organized Use Park Regulations
Reviewed by
Cal Portner, City Administrator
Reviewed by
Action Requested
Discuss Organized Use Park Regulations Draft
Background/Discussion
Staff has received an increasing number of requests for the exclusive use of the parks/park amenities from
individuals interested to teach a class or plan an event. We expect this trend to increase as our park
improvements are completed adding modern restrooms, additional shelters/pavilions, play areas, etc.
Staff has created a draft policy with the premise parks and park amenities are intended for the free use by
residents and not for organized use for commercial, fundraising, or personal gain. The definition of
Organized Use of Park Property is outlined in the attached draft.
Financial Impact
Staff is proposing a fee of $20/hour resident and $40/hour nonresident for the Organized Use Park
Application
Mission/Policy/Goal
Ethical, efficient, and responsible
Attachments
Organized Use Park Regulations
Organized Use Park Application Form
13065 Orono Parkway
Elk River, MN 55330
763.635.1000
ElkRiverMN.gov
Organized Use Park Regulations
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Organized Use Park Regulations
The City of Elk River taxpayers invest in the development and availability of parks
and park amenities for residents of the community. Private organizations, groups or
individuals shall not profit, financially or other, at the expense of taxpayers.
Businesses, not-for-profit organizations, or individuals may be permitted use of City
of Elk River Park Property to conduct organized activities with an Organized Use
Permit.
Application required documents, and applicable fees are due a minimum of twenty-
one (21) business days prior to the event date.
Businesses or Individuals conducting business on-site, without a permit, will be
asked to cease such activity and leave the premises.
The City of Elk River reserves the right to accept or deny any Organized Use Permit
Application.
If requesting a recurring reservation, the Organized Use Permit may be submitted on
a quarterly basis. The permit must include a quarterly organized use of park property
report, along with indemnity agreements, participant releases and waivers of liability.
Commercial Use Permits must include the following:
Event date and application date
Name of organization, contact person, address, phone, e-mail, and Federal Tax ID
Park location, hours on site, the description of the service provided including
equipment and expected participation.
River’s Edge Commons Park is exempt from park use.
Fees and certificate of insurance are due at least twenty-one (21) business days prior
to the event.
Permit holder must provide a Certificate of Insurance in the amount of $1,000,000
per person per occurrence as well as a $2,000,000 aggregate. The City of Elk River
must be named as additionally insured. Permit holder agrees to indemnify and hold
harmless the City of Elk River, its officers, and employees for all claims arising out of
the Permit holder’s activities related to the services provided under this application.
The Certificate of Insurance is a document that proves that the applicant has
Comprehensive General Liability insurance to cover any liability claims, whether
personal or damage, which may occur during use of the park property. The City of
Elk River must be named an additional insured on the policy, and the policy must
meet the limits specified in the Hold Harmless Agreement of the Organized Use of
Park Property application.
Applicants must agree to the following:
Alcoholic beverages are prohibited from being sold or consumed during events.
There will be no refunds for Permit holder due to weather conditions.
Permit holder is responsible for supplying all items necessary for their operation such
as tables, chairs, extension cords, generators, additional portable toilets and trash
receptacles.
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Permit holder agrees to abide by all park rules and regulations, as well as expectations
explained within the Special Event Guide or event taking place, such as recycling and
compost expectations.
The City of Elk River reserves the right to determine where and when you will be
allowed to set up.
Detailed Pandemic Operational Plan must be submitted in accordance with state law.
Refunds will not be provided for inclement weather days, partial months, and/or
other canceled class days. Refunds will be provided for complete months only, with
14 days’ notice.
Park equipment shall be used in accordance with their intended purpose. Any
damage caused because of misuse will be charged to the applicant. Note: playground
equipment, picnic tables, and/or light poles, etc., are not permitted to be utilized.
Motorized vehicles may only be operated on roadways and in parking areas.
Motorized vehicles are not allowed on lawns or park interiors. Your park reservation
does not exempt you from this policy.
If the city requires the presence of police officers, security guards, fire and/or
medical service during the event, the sponsoring group will be held accountable for
making and funding the arrangements.
Power/electricity is NOT provided by the city. Any reservations having special
equipment such as inflatable bounce houses/apparatuses, etc. must provide their
own power/electricity.
Definitions of Commercial Use of Park Property:
Organized use is defined as any activity conducted for commercial, fundraising, or
personal gain including private lessons, classes, or group activities where the lesson,
class, or activity has a fee or other monetary barrier to entry. Organized use also
includes any lesson, class, or commercial activities taking place on park system
property that is associated with any trade, occupation, profession, business, or
franchise. Organized use does not include activities conducted by the city or in
conjunction with the city. Examples of organized activity may include but are not
limited to boot camps, running clubs, and workout groups.
An Organized Use Permit denotes use of exclusive use of space for a specific time
period. A permit is revocable at the city’s sole discretion. The permit holder does not
have exclusive use of park amenities unless so denoted and shall not block public
access to unpermitted park areas or amenities.
Activities must be recreational in nature, shall not restrict or impede access for the
public, conflict with city recreational programming, pose a safety risk to persons or
property, create an undue burden on the park system property. Examples of
authorized activities may include but are not limited to fitness camps and courses,
on-leash dog obedience courses and recreational group meetings.
Examples of unauthorized activities may include but are not limited to off-leash
obedience courses, mobile vehicle detailing, swim lessons, tennis lesson, etc.
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Commercial Park Rentals
Policy History
Adopted by: On (date) Item #
Organized Use Application
Businesses, not-for-profit organizations, or individuals that would like to conduct business, hold a
program/event or any other “for profit” or any type of organized use on City of Elk River property
(hereinafter referred to as “Permit holder”, are required to have a Commercial Use Permit. Application
required documents and applicable fees are due a minimum of twenty-one (21) business days
prior to the event date. Businesses or Individuals conducting business, programs, or events on-
site, without a permit, will be asked to cease such activity and leave the premises. The City of
Elk River reserves the right to accept or deny any Organized Use Application request.
Event Date________________________Application Date_________________________
Contact Information
Name of Business______________________________ Contact person_________________________
Address______________________________________Phone________________________________
City, State, Zip_____________________________E-mail___________________________________
Federal Tax ID____________________________
Elk River Park Site
Lake Orono Park Trott Brook Park Woodland Trails Park
Lion John Weicht Park Hillside Park Other (identify location):
Required Documents (Due at least fourteen (14) business days prior to the event.
*Required by all.)
*Fees see below (payable to the City of Elk River) *Certificate of Insurance
Fees:
Resident: $20/hour plus applicable sales tax (1.5 hour minimum)
Non-resident: $40/ hour plus applicable sales tax (1.5 hour minimum)
Description of Service Provided (Please include equipment, hours on-site, expected
participation and identify areas you will be using.)
City of Elk River Rules/Expectations
Permit holder must provide a Certificate of Insurance in the amount of $1,000,000 per person per
occurrence as well as a $2,000, 000 aggregate. The City of Elk River must be named as additionally
insured. Permit holder agrees to indemnify and hold harmless the City of Elk River, its officers, and
employees for all claims arising out of the Permit holder’s activities related to the services provided under
this application.
Sale and consumption of alcoholic beverages are prohibited.
There will be no refunds for Permit holder due to weather conditions.
Permit holder is responsible for supplying all items necessary for their operation such as tables,
chairs, extension cords and generators. This also include additional portable toilets.
Permit holder agrees to above by all park rules and regulations.
The City of Elk River reserves the right to determine set up location and timing.
The applicant shall provide a Pandemic Operational Plan if required by state law.
Application, required documents and fee must be submitted to:
City of Elk River-Attn: Organized Use Application
13065 Orono Parkway
Elk River, MN 55330
Or email to recreation@elkrivermn.gov
Rules and Regulations
I have read and understand the responsibilities of the renter and agree to abide by all rules
and regulations of the use of facilities.
Yes No
_________________________________________________ ___________________
Printed Name Date
______________________________________ _______________
Signature Date