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7.4 PRSR 05-12-2021 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 7.4 Agenda Section Action Item Meeting Date May 12, 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 and recommend, by motion, Organized Use Park Regulations Draft #3. Background/Discussion Staff presented the first draft of the Organized Use Park regulations at the March 10, 2021, Commission meeting. Recommendations made by the Commission at the April 14 meeting are indicated in yellow highlights. 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. 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 2 | Page Organized Use Park Regulations The City of Elk River (“City”) 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 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. Groups with an approved partnership with the city providing volunteer services or in-kind services or programs related to ISD #728 are exempt from this policy. This may include, but not limited to school groups and booster clubs, Nordic Ski, MORC or Minnesota Biathlon. 8. The City reserves the right to accept or deny any Organized Use Permit Application. 3 | Page 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 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 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 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 4 | Page vehicles are not allowed on lawns or park interiors. A park reservation is not an exemption 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. 13. Permit holders are required, at their expense, to remove materials, equipment, furnishings, or garbage that cannot be contained in the trash receptables provided. No equipment or supplies may be left beyond the end time requested. Organized Use Park Regulations 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 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_____________________________ Email___________________________________ 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 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 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. 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.