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ITEM 3.6 Prairie Center Reservation policyDEPARTMENT INFORMATION Request for City Council Action ORGINATING DEPARTMENT: Staff recommends the City Council approve the Prairie Center Reservation Policy and rental fees. REQUESTOR: MEETING DATE: Parks and Recreation No Ross Demant, Parks and February 11, 2013 of the tasks of this sub -committee was to discuss needs of the community in relation to Prairie Center. The sub -committee identified an immediate need to make the building available to the public for rental Recreation Manager what policies they had in place and from this research City staff drafted a Prairie Center Rental Policy PRESENTER(s) was reviewed and changes were made based on Council comments. At the January Parks and REVIEWED BY: ITEM #: Consent Agenda SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE Lori Johnson, City Administrator 3.6 AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends the City Council approve the Prairie Center Reservation Policy and rental fees. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKG ROUNDIJ USTIFICATION: In December 2012, the City Council appointed members to a Prairie Center Re -Use Sub -Committee. One of the tasks of this sub -committee was to discuss needs of the community in relation to Prairie Center. The sub -committee identified an immediate need to make the building available to the public for rental purposes. City Staff contacted neighboring communities to research how they rented their spaces and what policies they had in place and from this research City staff drafted a Prairie Center Rental Policy At the Special Meeting of the City Council on January 91h a draft of the Prairie Center Reservation Policy was reviewed and changes were made based on Council comments. At the January Parks and Recreation Commission meeting the Commission reviewed the draft of the policy and made recommendations regarding the security under the section that addresses alcohol use. The draft of the policy has been reviewed by the City Attorney. SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE A. Draft Prairie Center Reservation Policy B. Resolution 2093-09 C. Ordinance 2013-06 MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to adopt Resolution No.: 2013-09 Reservation Policy for Prairie Center and Ordinance No.: 2013- 06 Amending the City Code Regarding Rental Fees for Prairie Center. BUDGET INFORMATION FUNDING: BUDGETED: YES N/A XNO ACTION TAKEN ❑ APPROVED A5 REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: 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 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. 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 (101A). C. Tile Side (101 B). 2. Conference Room (102). 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. 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. 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 City Hall or completed on the Parks and Recreation Department's online registration portal. 2 B. Applications can be obtained at City Hall or downloaded from the City's website. C. Complete applications must be received 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. D. Non-profit (501 3C) civic and religious organizations located within the City of Otsego may reserve Prairie Center for one event 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: 1. 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, B. Responsible Individual: 1. The individual signing the rental agreement shall be deemed the responsible individual and held jointly responsible for and use of Prairie Center in association with the rental agreement. 2. The responsible individual must be present at Prairie Center during the entire rental period. C. General Requirements: 1. Fire and safety regulations, including compliance with posted room occupancy limits, shall be observed at all times. 3 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 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. The 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 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 from all costs incurred as a result of such claims. f. For all events that alcoholic beverages are to be. served..__a security officer, meeting the qualifications determined by the Parks and Recreation Manager, will be required to be in attendance for the entire duration of the event with all costs associated with provision of 4 such security to be paid by the holder of the rental agreement and specified therein., 5. Smoking is prohibited within Prairie Center and within twenty (20) feet of any exterior entrance to the facility. 6. Food shall be limited to items prepared off-site and brought ready to be served. 7. Retail sales 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. D. Damage: 1. 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 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. 5 SECTION 05.05.07: INDEMNIFICATION: A. Use of Prairie Center by individuals, organizations and their participants are at each of these individuals' own risk and that the City of Otsego, its employees, agents, contractors and volunteers shall not be liable for any claim, demand, injury, damage, action, or causes of action whatsoever to a participant or their property due to the negligence or failure to act of the City of Otsego, its employees, agents, contractors and volunteers arising out of or connected with use of Prairie Center, B. Participants expressly forever release and discharge the City of Otsego its employees, agents, contractors and volunteers from any such claim, demand, injury, damage, action, or causes of action whatsoever. 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. 0 RESOLUTION NO.: 2013 - 09 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION ADOPTING A RESERVATION POLICY FOR PRAIRIE CENTER. WHEREAS, the City of Otsego intends to make available for public use the facilities at Prairie Center; and, WHEREAS, the City staff has drafted a Prairie Center Reservation Policy to direct the reservation and use of the facility attached hereto; and, WHEREAS, the Parks and Recreation Commission on 9 January 2013 reviewed the Prairie Center Reservation Policy and voted 4-0 to recommend its approval. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that the Prairie Center Reservation Policy is hereby adopted and shall be in full force and effect. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 28th day of January, 2013. CITY OF OTSEGO W Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk ORDINANCE NO.: 2013-06 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGARDING RENTAL FEES FOR PRAIRIE CENTER. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Chapter 2-4-2.B of the City Code is hereby amended to add the following provisions: 13. Prairie Center: 1. Council Chambers: a. Entire Room (101): (1) Resident: $60.001hr. (2) Non -Resident: $100.00/hr. b. Carpet Side (101A): (1) Resident: $30.001hr. (2) Non -Resident: $50.00/hr. C. Tile Side (10113): (1) Resident: $30.00/hr. (2) Non -Resident: $50.00/hr. 2. Conference Room (102): (1) Resident: $30.00fhr. 1 (2) Non -Resident: $50.00/hr. 3. Monthly meetings of Non-profit (501 3C) civic and religious organizations located within the City: $150.00 annually 4. The City may charge additional fees for a security officer to be present or unusual or extra -ordinary services or facilities as determined by the Parks and Recreation Manager. 5. A valid credit card number is required to be provided as a damage deposit in accordance with City policy. 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 28th day of January, 2013. ATTEST: Tam! Loff, City Clerk 2 CITY OF OTSEGO M Jessica L. Stockamp, Mayor