11-13-13 PRITEM 4_'1
TO: Otsego Parks and Recreation Commission
FROM: Ross Demant, Parks and Recreation Manager
DATE: November 6, 2013
RE: No Smoking Policy
Background:
At the October 2013 Parks & Recreation Commission meeting, Commissioners directed
staff to draft a policy that addresses no smoking within the park system. Attached is a
draft ordinance which addresses smoking within the City of Otsego Park system.
Many cities throughout Minnesota and the country have implemented no smoking
policies throughout their park systems. The Centers for Disease Control and
Prevention's Best Practices for Comprehensive Tobacco Control Programs and several
U.S. Surgeon General reports recommend making environments tobacco free. The
main purpose is to create areas where tobacco is not allowed which is becoming a
social norm therefore decreasing the use of tobacco among children and adults.
If the ordinance is adopted by the City Council, staff will add the no smoking language
onto park rules signage as the signs are replaced due to old age or vandalism.
Conclusion:
Staff is seeking a recommendation to the City Council from the Parks and Recreation
Commission on implementing a no smoking policy within the Otsego park system.
ORDINANCE NO.: 2013 -XX
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE TO PROHIBIT SMOKING WITHIN
CITY PARKS AND TRAILS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 6-7-4 of the City Code is hereby amended to add the
following provisions:
R. Smoking and Tobacco. Smoking of any tobacco product or e -cigarette
and the use of oral tobacco products or "spit" tobacco is prohibited within
any City of Otsego park or upon any City of Otsego trail.
Section 2. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this day of
, 2013.
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Tami Loff, City Clerk
ITEM 5-1
TO: Otsego Parks and Recreation Commission
FROM: Ross Demant, Parks and Recreation Manager
DATE: November 6, 2013
RE: Prairie Center Reservation Policy & Alcohol Use at Prairie Center
Background:
Based on the recommendations of the Parks and Recreation Commission, the City
Council adopted a policy regarding reservations at Prairie Center on January 14, 2013.
This policy was put in place before the Prairie Center remodel to allow residents to rent
space at the facility with it being repurposed for community uses after City
administrative offices were moved. Although we did not advertise, City staff was
contacted by several groups about rental opportunities and we were able to rent
meeting rooms several times before the remodel began.
With the remodeling project nearing completion, City staff is recommending that
changes be made to the current policy to accommodate the changes that were made in
the building that the current policy does not address. These changes are based on
anticipated operation of the building and review of facility rental policies from other
cities and input from Commissioner Angie Dehn. City staff has also been in contact
with other municipalities throughout the area and put together a price comparison list
of room rental fees. The goal of the initial fee structure is to entice both residents and
non-residents to utilize the facility and still allow the City to cover expenses. Once the
City has established a significant use pattern, City staff will bring back to the Parks and
Recreation Commission a modified fee structure which would address the increase in
rentals.
Exhibits:
A. Draft of Prairie Center Reservation Policy (6 sheets)
B. Draft of the Prairie Center Fees
C. Rental Comparison from other Cities
Analysis:
Reservation Policy. The primary changes to the reservation policy proposed by City
staff are:
■ Defines percentage of Otsego residents required to be considered a priority user.
• Details the hours that Prairie Center can be reserved and defines the minimum
and maximum days in advance that a person can make a reservation.
■ Allows groups and organizations who are affiliated with the city, for example
Otsego Little League, the ability to reserve the facility one time per month for no
fee as long as they provide 10 hours of volunteer service to the City throughout
the year.
• Defines that if a group has under 100 people and would like to have alcohol at
their event they would not have to use a caterer, any groups over 100 will have
to use a City approved caterer. Security is required to be present for any event
serving alcohol.
■ Prohibits use of tobacco in and around Prairie Center.
• States consequences as a result of violations of facility rules.
■ The City Attorney has made changes to the indemnification section of the policy
to ensure the City's liabilities are protected consistent with updated laws.
Fee Schedule. City staff prepared a comparison of the current fee structure in place
for Prairie Center with that of similar facilities in surrounding communities. Based on
this comparison, we are recommending the following changes to the fee structure for
Prairie Center reservations:
AREA
CURRENT FEE
PROPOSED FEE
Council Chamber
Carpet Side
$30/hr Res. $50/hr NonRes.
$20/hr Res. $30/hr NonRes.
Tile Side
$30/hr Res. $50/hr NonRes.
$20/hr Res. $30/hr NonRes.
Entire Area
$60/hr Res. $100/hr NonRes.
$35/hr Res. $50/hr NonRes.
Conference Room #4 (Southwest)
$30/hr Res. $50/hr NonRes.
$20/hr Res. $30/hr NonRes.
Conference Room #1 (Fireplace)
N/A
$20/hr Res. $30/hr NonRes.
Conference Room #2 (Northeast)
N/A
$15/hr Res. $20/hr NonRes.
Conference Room #3 (Small)
N/A
$10/hr Res. $15/hr NonRes.
Kitchen Rental
N/A
$10/hr Res. $15/hr NonRes.
—
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Conclusion:
The Parks and Recreation Commission will review the information outlined herein at
their meeting on November 13, 2013. Adoption of the revised policy and fee schedule
will allow the Parks and Recreation Department to begin accepting reservations for
Prairie Center for events schedule as soon as the remodel is complete. City staff
requests a motion by the Parks and Recreation Commission to recommend City Council
approval of amendments to the Prairie Center Reservation Policy and Fee Schedule as
presented.
POLICY 05.05
PRAIRIE CENTER RESERVATION POLICY
Section
05.05.01
Purpose
05.05.02
Available Days, Times and Rooms
05.05.03
Priority
05.05.04
Fees
05.05.05 Making Reservations
05.05.06 Rights and Responsibilities
05.05.07 Indemnification and Waiver
05.05.08 Amendments
SECTION 05.05.01: PURPOSE: It is the purpose of this policy to establish
guidelines for the use of Prairie Center and related facilities:
A. The City seeks to provide equal access and opportunity to use Prairie Center for
community and recreation activities and achieve maximum use the facility by the
public.
B. The City will prioritize use of Prairie Center for organizations and groups that may
desire the use of these facilities for the benefit of the community and specifically
those individuals, businesses, organizations, clubs and groups within the City of
Otsego and of whose membership is eighty-five (85) percent or more Otsego
residents.
C. The City reserves the right to designate the availability of Prairie Center or portions
thereof for scheduled activities based on, but not limited to, demand for use of the
facility by the public at large, City and City sponsored events, compatibility of
activities within the facility, maintenance needs or safety purposes.
SECTION 05.05.02: AVAILABLE DAYS, TIMES AND ROOMS:
A. Reservations will be taken for weekdays, weekends and holidays as determined by
the Parks and Recreation Manager.
B. Rooms within Prairie Center available for rental are:
Council Chambers:
a. Entire Room.
b. Carpet Side (101 A).
C. Tile Side (101 B).
2. Conference Rooms)._
a. Conference Room 1.
b. Conference Room 2.
C. Conference Room 3.
d. Conference Room 4.
3. Kitchen.
C. Hours.
1. Standard facility hours for Prairie Center reservations shall be:
a. No events shall start before 6:OOAM.
b. Events occurring on Sunday through Thursday shall end by 10:OOPM
with all persons having left the premises by 11:00 PM.
C. Events occurring on Friday and Saturday shall end by 12:00 Midnight
with all persons having left the premises by 1:00 AM.
2 Reservations scheduled outside of those hours established by this Section
may be approved at the discretion of the Parks and Recreation Manager and
may include additional fees.
SECTION 05.05.03: PRIORITY: Use of Prairie Center will be assigned at the
discretion of the Parks and Recreation Department based on the following priorities:
A. First priority will be given to any City meetings, events and activities.
B. Activities sponsored by other supported government agencies supported by taxes
paid by Otsego property owners.
C. Non-profit (501 3C) civic and religious organizations located within the City of
Otsego.
D. Otsego residents defined as the adult resident, their immediate children,
grandchildren and/or grandparents.
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E. Businesses located within the City of Otsego.
F. All other users will be scheduled on a first come first serve basis with reservations
made up to six (6) months in advance.
G. In the event that a City meeting, event or activity is scheduled that conflicts with an
already scheduled event by a lower priority user, the City shall make all efforts to
reschedule the lower priority user's event to an acceptable date as near as possible
to the original date of the event. If the event cannot be rescheduled to an
acceptable alternative date, the City shall refund all fees paid by the user as set
forth in Section 05.05.04 of this Policy.
SECTION 05.05.04: FEES:
A. The Reservation Fee will be established within Section 2-4-2 of the City Code.
B. A valid credit card number is required to be provided as a damage deposit and will
be held on file by the City until the rental agreement is released by the Parks and
Recreation Manager.
C. The City may charge additional fees for a security officer to be present, unusual or
extra -ordinary services or facilities as determined by the Parks and Recreation
Manager.
D. Cancellation within one (1) month of the reserved date will result in forfeiture of the
rental fee.
E. No refunds will be granted for inclement weather.
SECTION 05.05.05: MAKING RESERVATONS:
A. Reservations may be made by returning an application to the Parks and Recreation
Department or City Hall OF GOmn etc' on the DNrks Mnr! Rorro_a+inn DepaFtment'c
B. Applications can be obtained at City Hall, Prairie Center or downloaded from the
Parks and Recreation page on the City's website.
C. Complete applications must be received not more than one hundred twenty(120)
days or a minimum of fourteen (14) days prior to the schedule date of the
reservation and an application is not completed until payment has been received
and the application is signed.
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D. Non-profit (501 3C) civic and religious organizations located within the City of
Otsego upon submission of Minnesota Tax Exempt Form ST -3 or ST -17 may
reserve Prairie Center for one 1Levent per month occurring on a weeknight
approved by the Parks and Recreation Manager for the fee specified by Section 2-
4-2 of the City Code and donation of ten (10) hours by the group or organization
within a calendar year providing community service to the City in a form approved
by the City Council.
E. Scheduling of reoccurring events at Prairie Center by any individual or group not
affiliated with the City shall be subject to approval by the City Council.
SECTION 05.05.06: RIGHTS AND RESPONSIBILITIES:
A. Rental Agreement. The rental agreement entitles the holder to the exclusive use of
the designated room within Prairie Center for the allotted time slot subject to the
following:
The rental time specified on the agreement includes set-up and take down
and access to Prairie Center will be restricted to those specific times
2. No equipment or supplies may be stored at Prairie Center outside of the
rental time specified by the agreement.
3. Any rubbish that cannot be stored within the trash receptacles provided must
be removed from the premises at the end of the rental period.
4 The rental agreement shall not be transferred assigned or sublet to another
person or entity.
B. Responsible Individual:
The individual signing the rental agreement shall be deemed the responsible
individual and held GiRtly respORGib:e—fer and u6e of DraiHo Gen+or in
.assGGiatir)n with the FeRtal agreement shall be held responsible, and jointly
responsible with the entity or individual actually renting the facility, for
compliance with all terms and conditions of the rental agreement and this
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2. The responsible individual must be eighteen (18) years of age or older.
32. The responsible individual must be present at Prairie Center during the
entire rental period.
C. General Requirements:
4
Fire and safety regulations, including compliance with posted room
occupancy limits, shall be observed at all times.
2. City furniture and equipment shall not be moved unless specifically approved
by the Parks and Recreation Manager and stated on the rental agreement,
and then only by or under the direct supervision of City staff.
3. There shall be no marking or applying of materials to the walls, ceilings or
floors of Prairie Center including prohibiting the use of heavy duty tape,
staples, nails or other fasteners.
4. The consumption of alcohol at Prairie Center shall be allowed provided that
it is specifically identified in the rental agreement and the activity complies
with the following:
a. No person under twenty-one (21) years of age may consume any
alcoholic beverage.
b. No person aged twenty-one (21) years or older shall provide an
alcoholic beverage to an individual that is under twenty-one (21)
years of age.
C. The City, at its discretion, may allow consumption of alcohol within
Prairie Center at activities or events for which the facility is rented for
events with attendance under one hundred (100) persons provided
that alcohol is not being sold and that proof of liability insurance
acceptable to the City that includes the City as an a named insured in
the minimum amount of five hundred thousand dollars ($500,000.00)
is submitted and that the consumption of alcohol meets any other
conditions of this policy or as required by the City.
d. Consumption of alcohol for events with attendance of one hundred
100) persons or more and Tthe sale and consumption of alcohol at
Prairie Center at activities or events for which the facility is rented
shall be permitted only if the service is provided by a caterer
approved by the City and licensed pursuant to Minnesota Statutes
340A.404, Subd. 12 (as may be amended) and who carried dram
shop insurance in the minimum amount of one million dollars
($1,000,000.00) under which the City is named as an additional
insured.
e. Any individual or entity renting any portion of Prairie Center where
alcohol will be sold or consumed must first agree to and sign a waiver
in a form approved by the City Attorney to hold the City harmless from
claims arising from such rental and to defend and indemnify the City
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from all costs incurred as a result of such claims to the extent
permitted by law.
For all events that alcoholic beverages are to be served, a security
officer, mooting the qualifiGatiens detorminorl scheduled by the Parks
and Recreation ne Department, will be required to be in
attendance for the entire duration of the event with all costs
associated with provision of such security to be paid by the holder of
the rental agreement and specified therein.
5. Smoking of any tobacco product or e -cigarette and the use of oral tobacco
products or "spit" tobacco is prohibited within Prairie Center and w+thie
tVeRty (20) feet of any exterioF enta„Ge t g the fa^ility and upon the entire
premises.
6. Food shall be limited to items prepared off-site and brought ready to be
served; Professional caterers shall be licensed and approved by the City. at
its discretion. to provide food service at Prairie Center.
7. Retail sales or admission fees associated with an event or activity at Prairie
Center shall be allowed only if approved by the Parks and Recreation
Manager and specified in the rental agreement.
8. Vehicles shall be parked only in designated parking areas and are not
allowed in designated no parking zones or on trails, turf, pathways, or
infields.
9. Prairie Center users are responsible for wiping all tables and removing all
trash from the building.
D. Damage:
Users of Prairie Center pursuant the rental agreement shall leave the facility
and premises in the condition in which it was at the start of the rental period.
2. The individual or organization to which Prairie Center is rented shall be
responsible for all costs associated with extra -ordinary cleaning of the facility
or premises following the rental period and/or the repair of any damages to
the facility or premises that occur during the rental period. Any and all
extra -ordinary cleaning needs or damage shall be documented by
photographs to be taken by City staff.
3. The costs incurred by the City will be charged to the credit card on file as
security after the responsible individual and card holder have been
contacted; If the City is unable to charge the credit card on file or receive
payment in another form acceptable to the Finance Department, then the
0
City may pursue any means available to it to collect the amount due and
owing.
E. Compliance. Prairie Center users shall at all times comply with any and all
applicable State Laws, County Ordinances and City Codes and Policies and further:
No activity, conduct or display defined as obscene by Minnesota Statutes
section 617.241 shall be allowed on City property.
2. No activity, conduct or display defined as an adult use by the City Code shall
be allowed on City property.
3. Parks and Recreation Department staff or a Deputy of the Wright County
Sheriff's office may as a result of a violation:
a. Order the immediate removal from thepremises of any offender.
b. Order immediate removal of alcohol from the premises.
C. Revoke the rental agreement immediately and order all persons from
the premises.
4. A violation under this Section may result in the loss of the rental fee and
damage deposit (plus additional charges for damages in excess of the
deposit) and denial of future use of Prairie Center.
SECTION 05.05.07: INDEMNIFICATION AND WAIVER:
A. Use of Prairie Center by individuals, organizations and entities and their
participants
,
4theiF pFeper-ty duetothe negligence —car fail„ro to aGt of the Git7 of Otsego, 46
of Prairie Genter is undertaken at the sole risk of those individuals, organizations.
entities and participants. The City of Otsego, it employees, officers, agents.
contractors and volunteers shall not be liable for any claim, demand. injury.
damage, action, or causes of action of whatever nature related to damage to any
participant, individual, organization or entity or their property arising from use of the
Prairie Center, to the extent permitted by law.
Users, individuals.
organizations and entities utilizing the facilities shall prior to any use agree in
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writing in a form approved by the Citv to waive any and all claims, hold harmless,
defend and fully indemnify the City, it employees. officers, contractors and agents
from any and all claims related to use of the facility, to the extent permitted by law.
C. The City of Otsego shall not be responsible for loss of personal property by
individuals or groups using Prairie Center pursuant to a rental agreement.
SECTION 05.05.08: AMENDMENTS:
A. The City Council may amend this policy at any time; Modifications of the policy
shall be effective on the date said modifications are approved by City council
resolution.
B. The policy will be reviewed periodically by City staff, the Parks and Recreation
Commission and/or City Council; The City Clerk will keep on file comments and
complaints received regarding this policy; Any review will consider comments and
complaints since the last review and any other factors affecting the policy or its
implementation.
RENTAL FEE COMPARISION
Facility
Resident
Non -Resident
Business
St. Micheal
Small Room
$5/hr
$12.50/hr
$10/hr
Large Room
$15/hr
$22.50/hr
$20/hr
Rogers
Activity Center
$25/hr-
$125/day
$30/hr-
$150/day
Community Room
$30/hr-
$150/day
$40/hr-
$200/day
Maple Grove
Meeting Room
$25/hr
$30/hr
Plymouth Creek
Center
Meeting Room
$30/hr
$50/hr