Loading...
01-09-13 PRITEM 4-2 0 tsTe�MISOTA TO: Otsego Parks and Recreation Commission FROM: Ross Demant, Parks and Recreation Manager DATE: January 8, 2013 RE: Agreement with TRSA for Capital Contributions for Development of a Soccer Complex at Prairie Park. Background At the December 2011 Parks and Recreation Commission meeting, the Commission discussed the Prairie Park Master Plan. As part of that master plan, the Commission identified the need for formal soccer fields at Prairie Park. At the November 2012 Parks and Recreation Commission meeting, staff updated the Commission on the progress of the soccer fields stating that TRSA and the City were working on an agreement to start construction of a soccer complex. At that time the Commission had no questions that needed to be addressed. Since November The City and TRSA have put together a draft of the Agreement for the Parks and Recreation Commission to review. The original budgeted amount of the soccer complex was $585,000 which included the establishment of three soccer fields and parking with a bituminous surface and perimeter curb and gutter. City staff is now proposing that the initial parking be Class -5 gravel, which would reduce the construction cost to $342,300 for an estimated project savings of $243,000. As part of the proposed agreement TRSA has offered to contribute $100,000 towards the construction of the soccer complex. Exhibits: A. Draft Agreement between the City of Otsego and TRSA (3 sheets) Conclusion The Parks and Recreation Commission will review the information outlined in this memo at their meeting on January 9, 2013. City Staff is requesting that the Commission make a recommendation to the City Council to adopt the agreement between the City of Otsego and TRSA. 2 DRAFT- DECEMBER 11, 2012 AGREEMENT BETWEEN THE CITY OF OTSEGO AND THREE RIVERS SOCCER ASSOCIATION RELATIVE TO CAPITAL CONTRIBUTIONS FOR DEVELOPMENT AND USE OF PLAYFIE FACILITIE A SOCCER COMPLEX AT PRAIRIE PARK THIS AGREEMENT entered into this day of , 2013 between the City of Otsego ("OTSEGO") a Minnesota municipal corporation and Three Rivers Soccer Association ("TRSA"), a Minnesota non-profit corporation. WHEREAS, OTSEGO and TRSA have had discussions that OTSEGO expand Prairie Park (a City Park) by adding playfields for utilization by TRSA for soccer and the public in general as shown on Exhibit A; and WHEREAS, OTSEGO has obtained cost estimates for the proposed playfield development and estimates of the yearly maintenance and operation costs for the proposed playfields; and WHEREAS, TRSA has offered to make a capital contribution for development of the facilities in the total amount of one hundred thousand dollars ($100,000.00) with an initial contribution of twenty thousand dollars ($20,000.00) and eight (8) yearly payments of ten thousand dollars ($10,000.00) which would cover approximately thirty percent (30%) of the estimated cost of development of the playfields; and WHEREAS, in exchange for the above capital contributions outlined above for development of the playfields, TRSA is requesting priority use of the fields during the soccer season; and WHEREAS, the Parties have entered into this Agreement to set forth the understandings related to development contributions and use of the facilities. NOW, THEREFORE IT IS AGREED as follows: 1. OTSEGO will commence proceedings to initiate construction of additional playfields within Prairie Park, subject to TRSA executing this Agreement and timely paying all required capital contributions for development of the playfields. TRSA understands that OTSEGO must follow all legally required bidding and other municipal requirements for the Project and that the final decision to move forward with the Project shall be at the discretion of the City Council. In the event that the Project is not awarded, or is abandoned at some time, neither CITY nor TRSA will have any further obligations under this Agreement. In making these capital contributions, TRSA acquires no ownership interest in Prairie Park or any other City property or lands, only the limited rights of use as set forth in this Agreement. 2. TRSA will make an initial development contribution of $20,000.00 to OTSEGO on or before May 1, 2013 or prior to the date established for award of the Project bid. Subsequently, over the following eight (8) years starting in 2014 on or before May 1 of eaeh ye TRSA will make an additional capital contribution to OTSEGO of $10,000.00 on or before May 1 of each year with the final installment paid in 2021. 3. Upon receipt of the initial payment and each required yearly capital contribution payment from TRSA and through 22 -5 -November 1, 2021, OTSEGO will provide TRSA with priority usage of the playfields identified on Exhibit A as follows: first priority usage of the playfields will be for City of Otsego recreation sponsored leagues, programs or events; if no City sponsored events are scheduled, TRSA shall have next priority for scheduling of the playfields for soccer usage from Ma}A through September -October of each year in accordance with City policies. If TRSA does not schedule the playfields (or all of the playfields) for use during that period the City may, at its sole discretion, schedule any other use of the playfields in accordance with City policies. 4. The capital contributions made by TRSA are only for the initial development of the playfields as an incentive to OTSEGO to construct the playfields and are not usage fee payments. TRSA will s6Rremain be subject to any and all usage fees that OTSEGO, at its sole discretion determines necessary to operate, maintain and repair the playfields. 5. OTSEGO will make all good faith efforts to maintain the playfields in acceptable and safe condition for soccer use during the course of this Agreement. 6. TRSA shall comply with all rules, regulations, requirements and policies of OTSEGO for use of the playfields. OTSEGO reserves the right to deny TRSA use of the playfields in the event of continued or egregious violations of these rules, regulations, requirements and policies. 7. In the event that TRSA fails to timely make any capital contribution required by this Agreement, OTSEGO may deny TRSA further use of the playfields, or deny priority usage, at its sole discretion. If OTSEGO allows 0) TRSA continued use of the playfields based upon a promise of payment that is not made, the CITY may deny further use of the playfields and may demand payment and institute legal proceedings to recover the payment (or all payments required under this Agreement). In the event that OTSEGO is forced to initiate legal proceedings for payment of the capital contributions as set forth in this Agreement, in addition to the amount owed, TRSA shall be obligated to pay OTSEGO's costs, disbursements, witness fees and attorney's fees related to such legal action. 8. This Agreement is to be construed under the laws of the State of Minnesota. 9. If any portion of this Agreement is determined to be invalid by a court of competent jurisdiction, the remaining portions of the Agreement shall remain in force and effect so as to effectuate as close as possible the original intent of the Agreement. 10. This Agreement may only be modified by written Agreement of both parties. 11. This Agreement is for a term commencing upon the date of execution and terminating on November L202 CITY OF OTSEGO Vern Heidner, Acting Mayor Tami Loff, City Clerk THREE RIVERS SOCCER ASSOCIATION By: Steve Zoubek, President 3 ITEM 4.3 tsTe F o MINNESOTA TO: Otsego Parks and Recreation Commission FROM: Ross Demant, Parks and Recreation Manager DATE: January 8, 2013 RE: Prairie Center Reservation Policy & Alcohol Use at Prairie Center Background: At the December 12, 2012 Parks and Recreation Commission meeting a Temporary Use Policy was discussed. From information gathered at that meeting and a Special Meeting of the City Council on December 20 staff put together a Prairie Center Reservation Policy. The policy addresses available days, times and rooms; it also addresses the fee structure that was discussed at the December Parks and Recreation commission meeting. A section on alcohol use was also included in this draft. The language included in the draft is consistent with what other cities are doing in our area. City Attorney Andy MacArthur has provided the City a memo of some the liability and legal issues the City should consider when addressing alcohol use in a City facility. Exhibits: A. Draft of Prairie Center Reservation Policy (6 sheets) B. Memo from City Attorney Andy MacArthur (2 sheets) C. City of St Michael's Rental Guidelines for Liquor Use (1sheet) D. Draft of the City Code Regarding Fees for Prairie Center Conclusion: The Parks and Recreation Commission will review the information outlined in this memo at their meeting on January 9, 2012. City Staff is requesting that the Commission make a recommendation to the City Council to review and implement the Prairie Center Reservation Policy. 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: 1. Council Chambers: a. Entire Room. b. Carpet Side (101A). 1 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 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. 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. ollowing: 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. 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. 4 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. Prairie Center users shall at all times comply with any and all applicable State Laws, County Ordinances and City Codes and Policies and further: 1. 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. 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. 5 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. To: Otsego City Council From: Andy MacArthur, City Attorney CC: Lori Johnson, City Administrator Date: January 3, 2013 Re: Issues Related to Park Liquor The City Council will convene a special meeting on Wednesday, January 9, 2013 to discuss issues related to liquor within Prairie Center and Prairie Park. The Council has requested that staff propose a policy regarding rental of the facility and use of the facility to include functions where liquor is served or sold. Following are various legal issues that should be considered by the Council prior to approving overall policies. Liquor is currently allowed (not specifically prohibited) within Prairie Park. Most cities prohibit liquor within public parks unless a special permit is issued. Without a general prohibition on liquor within the park there is no way to control large groups of legal aged persons from having parties in the Park which may not be in accord with overall family use of the facilities. Obviously, a prohibition on liquor within the park is dependent upon the ability of the City to enforce the policy which would be in most cases very limited; however it would provide law enforcement with the tools to shut down large parties. 2. The City is looking at a policy of allowing controlled liquor use within the Prairie Center building. The City is not currently allowing rental use of that facility. In the event that rental is allowed for events that include service of liquor, either where the liquor is "given" away or sold, the City must be sure that it has adequate protection from both general liability and dram shop coverage. Dram shop coverage is liability based upon the sale of liquor to an obviously intoxicated person. Arguably, this liability does not come into play unless there is a "sale" of liquor; however payment of a fee for the event, tips to service people or any other exchange of money in a party or gathering can be construed as a sale. If no sale is made the dram shop act does not apply but general liability issues would still arise. 3. The City's insurance coverage under LMCIT specifically excludes claims made under the dram shop act. Further, the municipal tort liability statute specifically indicates that it does not modify the dram shop act, which means that there could be unlimited liability for the City under a dram shop claim. Although there are cases that would limit liability this is not a settled legal matter. It is important that the City require adequate dram shop and liability coverage from anyone selling liquor on City property. The dram shop act does not cover liquor provided in social setting and not for sale. However, if injury or damage occurs because of liquor provide at such a gathering that does not preclude liability by way of negligence or any other legal theory besides the dram shop act. Therefore, even if use of liquor was allowed not as a sale, the City still needs to have general liability coverage from the responsible parties. Because of the nature of the potential liability from alcohol use the City should require at least one million dollars in coverage. All insurance coverage required by the City should have a requirement that the City be added as an additional insured. Everyone using the facility should have to sign a release, waiver and agreement to fully indemnify the City in case of any claim. If events are held at the Prairie Center there should be signs indicating that there is no drinking for anyone under 21 and that obviously intoxicated persons will not be served. The rental agreement should spell out all of the requirements for the users and should indicate that the event may be immediately terminated by the City for any violation of City rules with no refunds to the user. The items listed above are a just a few of the concerns that need to be discussed by the Council prior to approving policies related to rental of the facilities and possible alcohol use within the Prairie Park Center and the park. I will be available at the meeting on Monday to answer any questions. 0 Page ST. MICHAEL CHAMBER ROOM RENTAL GUIDELINES LIQUOR USE Alcohol/Intoxicating Liquor: Will be provided by the exclusive caterers that are approved by the city under Catering Guidelines. Facility users for public or private events where there is a cost to enter the event, will be charging for alcohol, or private parties over 100 people are NOT allowed to bring in their own alcoholic beverages Alcohol/intoxicating liquor may be served by the exclusive caterers (see list) which hold an on -sale liquor license in the City of St. Michael or adjacent city. The caterer's have provided the City with a copy of the Liquor Liability Insurance and license with the State of Minnesota. Security Officer: For all events in which alcohol/intoxicating liquor is being served, a licensed, uniformed officer from the Wright County Sheriff's Department will be required to be in attendance during the event (no substitutions). Wright County deputy is $45/hr and is required for 4 hrs. This cost is subject to change without notice. Please discuss with the Rental Coordinator for details regarding this policy. Serving: Beer, wine, and other alcoholic beverages may be served until 10:00 p.m. Monday through Thursday and 12:00 a.m. on Friday, Saturday and Sunday evenings. Consumption of intoxicating beverages must cease at the conclusion of the event or 12:00 a.m. on Friday, Saturday, or Sunday, whichever comes first. Final service of intoxicating beverages (last call) should be 30 minutes before consumption must cease. Alcohol must be served to the facility user, their host/hostess and bonafide guests that are of legal drinking age only. Violation and/or failure to adhere to all guidelines may result in denial of future rental agreements for the use of the facility and forfeiture of any fees submitted to date. Areas: Alcohol/intoxicating liquor may be consumed only in area(s) stated on the rental agreement (Chamber Room, Senior Center and patio(s) — NOT hallways, corridors, restrooms or other rentable rooms). Special Event Liability Insurance: Where alcohol is provided or served over 100 people will be required to provide liquor liability insurance, as well as general liability insurance prior to the event. The amount of liquor liability can be no less than $500,000 per occurrence. The City of St. Michael must be named as Certificate Holder or "Additionally Insured", and must be provided 14 days prior to the event. Host Liability Insurance: You can contact your homeowners insurance to add your event date to your policy. The City of St. Michael must be named as Certificate Holder "Additionally Insured", and must be provided 14 days prior to the event. initial ORDINANCE NO.: 2013 -XX CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGARDING RENTAL FEES FOR PRARIE CENTER. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Chapter 2-4-2.13 of the City Code is hereby amended to add the following provisions: 13. Prairie Center - 1 . enter: 1. Council Chambers: a. Entire Room (101)- (1) Resident: $60.00/hr. (2) Non -Resident: $100.00/hr. b. Carpet Side (101A): (1) Resident: $30.00/hr. (2) Non -Resident: $50.00/hr. C. Tile Side (101 B)- (1) Resident: $30.00/hr. (2) Non -Resident: $50.00/hr. 2. Conference Room (102): (1) Resident: $30.00/hr. (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 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: Tami Loff, City Clerk 2 CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ITEM 5.1 TO: Otsego Parks and Recreation Commission FROM: Ross Demant, Parks and Recreation Manager DATE: January 8, 2013 RE: Park Field Use Policy Background: With the addition of City staff and the start of the Parks and Recreation Department, City staff saw a need to revise the existing Field Use Policy to reflect those changes. Changes are also being proposed to the Policy to address appropriate use of the playing fields in regards to the sports that use them. City staff has been in contact with area cities regarding their field use over the past year and noticed that both Rogers and Elk River have experienced difficulty maintaining high turf standards with their current user groups. City staff feels that revising the policy to address any potential issues will help to maintain the current and future quality of the City's playing fields. Exhibits: A. Draft of the Park Field Use Policy (6 sheets) Conclusion The Parks and Recreation Commission will review the information outlined in this memo at their meeting on January 9, 2013. City Staff is requesting that the Commission make a recommendation to the City Council to adopt the changes to the Park Field Use Policy. POLICY 05.03 PARK FIELD USE POLICY Section 05.03.01 Purpose 05.03.02 Scheduling 05.03.03 Tournaments and Single Events 05.03.04 Fees 05.03.05 Field Maintenance 05.03.06 Rules of Conduct 05.03.07 Indemnification 05.03.08 Amendments SECTION 05.03.01: PURPOSE: It is the purpose of this policy to establish guidelines for the use ofIra fields at parks in the City of Otsego: A. The City seeks to provide equal access and opportunity to a variety of recreation activities for the community, achieve maximum use of play fields by the public and, when necessary protect play fields from overuse. B. The City will prioritize use of park fields 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 specific facilities for scheduled activities based on, but not limited to, demand for use of the facility by the public at large, field capacity, compatibility of activities with surrounding land uses, maintenance needs or safety purposes. SECTION 05.03.02: SCHEDULING: A. Requests for use of play fields for scheduled activities shall be submitted to the Gity GIeFkParks and Recreation Department on forms provided by the City a minimum of forty five (45) days prior to the date of the activity or start of activities. B. Use of park fields will be assigned at the discretion of the Parks and Recreation Department based on the following priorities: 1. City facilitated events and activities. 2. City sponsored or co-sponsored events and activities. 1 3. Non-profit (501 3C) youth organizations recognized by the Parks and Recreation Commission and approved by the City Council as providing necessary services to Otsego residents.. subject to the following additional guidelines: a. The number of participants in the program. b. The percentage of Otsego residents participating in the program. C. Use of the play fields for their designed purpose. d. The play fields being used for actual team -on -team game activities. e. Use of the play fields for organized practice sessions for one (1) or more teams. f. The base field complex at Prairie Park shall be scheduled for baseball softball or t -ball use from April 1 to August 30 each year wjth any other activities that may cause damage to the infield or turf during this period to be scheduled for other City facilities as may be available. g. The soccer complex at Prairie Park shall be scheduled for soccer use from April 1 to August 30 each year with non -soccer activities that may cause unusual wear or damage to the turf during this period to be scheduled for other City facilities as may be available. 4. Official athletic programs of K-12 schools located within the City of Otsego. 5. Activities sponsored by other supported government agencies supported by taxes paid by Otsego property owners. 6. Non-profit (501 3C) civic and religious organizations located within the City of Otsego. 7. Otsego residents. 8. Businesses located within the City of Otsego. 9. All other organizations, groups, clubs, individuals or businesses not located within the City of Otsego. C. The Parks and Recreation Commissioi4lDepartment shall establish dates each year by which users must commit to requests for play field reservations in order to be considered based on their priority status; after that date, play fields may be reserved on a first come, first serve basis. VI D. In the event of a scheduling conflict within the priority list set forth above, the date upon which payment for use of the play field is received shall determine the scheduling priority. E. Reservations may not be transferred to a third party without approval by the City. F. The AdmwnwstFeeParks and Recreation Department must be notified of all schedule changes and/or cancelations a minimum of forty eight (48) hours prior to scheduled use: Failure to provide the required notice will forfeit the play field use fees and may jeopardize future use. G. Use of park facilities in addition to the play fields shall be subject to the policies, procedures and fees for that specific facility (i.e., park shelter). SECTION 05.03.03: TOURNAMENTS AND SINGLE EVENTS: The following specific procedures are established for groups requesting use of play fields for tournament games, whether for a single date or over a period of days. A. Request for use of a play field for a tournament and/or single event shall be processed in accordance with Section 05.03.02 of this Policy. B. Provision of City staff for maintenance of play fields during an event may be provided and/or required subject to approval by the PubliG VVoFks Supervi Parks and Recreation Manager: the cost for all PUbliG VVGEsParks and Recreation Department staff time, equipment and materials shall be paid by the play field user based on the fee schedule adopted in Section 2-4-2 of the City Code. C. The use of and location of any tents and/or signs is subject to approval by the Parks and Recreation Manaaer. D. Charging for admission and/or the sale of non-food merchandise shall be subject to approval by the Parks and Recreation CommmissionManager. E. Sale of food and beverages are allowed only in accordance with Minnesota Department of Heath rules and shall be subject to review and approval by City staff. F. The PubliG VVoFks SupeFviso Parks and Recreation Manager will determine if additional trash containers or portable toilets or pumping of portable toilets during the event is required; the costs for additional trash containers or portable toilets or pumping of portable toilets are to be paid by the play field user. G. Organizations renting City play fields under this Section shall provide a certificate of insurance naming the City of Otsego as an additional insured - 3 1. Insurance requirements are: $1 million personal injuries; $1 million property damage; and $2 million general aggregate. H. A pre -tournament meeting shall be scheduled with the PubliG VVcs Supewi6oParks and Recreation Manager a minimum of ten (10) days prior to the event to review procedures or identify any specific needs or issues. SECTION 05.03.04: FEES: A. The Parks and Recreation Commission may recommend and the City Council adopt annually a schedule of fees for use of play fields within Section 2-4-2 of the City Code; this schedule may designate specific users, fields and/or days and times for which payment of fees is required. B. Payment Schedule: 1. Season league play shall be invoiced at the end of the scheduled season. 2. Tournaments, single events or other requests for a reservation require payment in full or a cash escrow for the estimate cost a minimum of thirty (30) days prior to the scheduled date. C. Fees for scheduled use of play fields shall not be refundable if the activity is cancelled or rescheduled within less than forty eight (48) hours of the scheduled date unless recommended by Parks and Recreation Commission and approved by the City Council. SECTION 05.03.05: FIELD MAINTENANCE: A. The PubliG Works Supervi Parks and Recreation Manager will FeGemmeRd to the etermine play fields to be made available for scheduling during a season; to minimize wear and maintenance of the play fields, specific facilities may be withheld from scheduled activities for rehabilitation and growth of the turf. B. The PubliG VVeFks Supepvi Parks and Recreation Manager may cancel individual activities based on current play field conditions and the need to avoid severe impact to the turf. C. Maintenance schedule: 1. Play fields are mowed and irrigated and trash containers emptied by the PubliG Works Parks and Recreation Department as determined by the Publis Works Supei v+serParks and Recreation Manager. 4 2. Baseball/softball fields: a. Infields are to be dragged by based on a schedule determined by the Parks and Recreation Manager: 1. Motorized equipment shall only be operated by the his WefksParks and Recreation Department to drag infields. 2. The PubliG WGFkG SWPeFVi Parks and Recreation Manager may make available hand pulled equipment for play field users to drag infields between games. b. Foul lines will be chalked by play field users UtiliZiRg eq uipmeR wed based on a schedule determined by the Parks and Recreation Manager. C. Assess-te The Parks and Recreation Department will install bases and base posts for scheduled play field users. 3. Football, soccer, lacrosse, rugby or other field sports: a. Lines will be painted by a GGntraGWr as appreved by the Parks and Recreation Department with all GGStS paid by the play field use . b. Play field users shall be responsible to install and remove all nets. SECTION 05.03.06: RULES OF CONDUCT: A. Play field users shall comply with all park and trail regulations outlined in Chapter 6, Section 6 of the City Code. B. Activities must be under supervision of a responsible adult(s) at all times with the organization using the facilities assuming full responsibility for any damage pursuant to Section 05.03.06 of this Policy. C. Severe Weather: 1. The City reserves the right to postpone or cancel scheduled events if it determines that weather conditions are unsafe for participants, the activity will have a severe impact to the play field or the PubliG WerksParks and Recreation Department is unable to maintain safe access to the play field. 5 2. Outdoor activities should be stopped and participants seek shelter immediately if severe storms (including lighting) are sighted in the area. D. Parking: 1. 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. 2. It is the responsibility of individuals responsible for the activity (coordinators, coaches, etc.) to comply with these parking restrictions and inform all other participants, players and/or parents. E. Failure to comply with these rules of conduct may jeopardize future use of play fields. SECTION 05.03.07: INDEMNIFICATION: A. All activities undertaken by participants are at the participant's 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 park fields. 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. SECTION 05.03.08: 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. l: