8.1 PRSR 04-14-2021
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
8.1
Agenda Section
Discussion
Meeting Date
April 14, 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 #2.
Background/Discussion
Staff presented the first draft of the Organized Use Park regulations at the March 10, 2021, Commission
meeting.
Based on the Commissioner’s feedback, an updated draft has been developed. Organized Use is defined as any
activity conducted for commercial, fundraising, or personal gain including private lessons, classes, or group
activities where the lessons, class, or activity has a fee or other monetary barrier to entry.
It has been reviewed by the City Attorney.
Financial Impact
Staff is proposing a fee of $20/hour 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.
Definitions of Organized Use of Park Property:
1. 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.
2. An Organized Use Permit denotes use of exclusive use or space for a specific time. 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.
3. 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.
4. Examples of unauthorized activities may include but are not limited to off-leash
obedience courses, mobile vehicle detailing, swim lessons, tennis lesson, etc.
5. River’s Edge Commons Park is not available for organized use.
6. Businesses or Individuals conducting business in a City park, without a permit will be
asked to cease such activity and leave the premises.
7. The City of Elk River reserves the right to accept or deny any Organized Use Permit
Application.
Organized Use Permit Applications must include the following:
1. Event date and application date
2. Name of organization, contact person, address, phone, e-mail, and Federal Tax ID
3. Park location, hours on site, the description of the service provided including
equipment and expected participation.
4. Application fees and certificate of insurance are due at least fourteen (14) business
days prior to the event.
5. 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
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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:
1. Permit holder agrees to abide by all park rules and regulations.
2. 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.
3. The City of Elk River reserves the right to determine where and when applicant
will be allowed to set up.
4. If requesting a recurring reservation, an Organized Use Permit must 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.
5. Detailed Pandemic Operational Plan must be submitted in accordance with state
law.
6. 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.
7. There will be no refunds for Permit holder due to weather conditions.
8. 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.
9. 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.
10. If the city requires the presence of police officers, security guards, fire and/or
medical service during the event, the applicant will be held accountable for
making and funding the arrangements.
11. Alcoholic beverages are prohibited from being sold or consumed during events.
12. 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.
Organized Use Park Regulations History
Adopted by: On (date) Item #
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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 an Organized Use Permit. Application
required documents and applicable fees are due a minimum of fourteen (14) 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____________________________ (if needed)
Elk River Park Site (shelter is an additional cost)
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 (2 hour minimum)
Non-resident: $40/ hour plus applicable sales tax (2 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.
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.
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.
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