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ITEM 7.1 Prairie Park Reservation Policy10 Ot STeg F O MINNE50TA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Legal Andy MacArthur, City Attorney May 23, 2016 PRESENTER(s): REVIEWED BY: ITEM #: City Attorney Lori Johnson, City Administrator 7.1 AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends that the Council approve changes to the City Prairie Park Reservation Policy allowing for exception by resolution for 501C3 organizations located in Otsego from the requirement of a security guard when liquor is present at certain functions within the Prairie Park facility and adoption of the attached resolution waiving the requirement for a security officer at the Lion's Club functions. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No. No. BACKGROUND/JUSTIFICATION: The Lion's Club previously requested a waiver from the City requirement for a security officer at their annual members only party. The City Council previously approved a limited waiver which expires on June 1. The Council directed staff to make appropriate changes to the City policy to provide a mechanism within the policy for a waiver under certain limited conditions. The Resolution approves an ongoing waiver for the Lion's Club from the requirement for a security guard at meetings where limited alcohol is present. The resolution specifically does not apply to events where the public in general is invited or where there is paid admission. The Lion's Club provides substantial benefit to residents and the community as a whole. SUPPORTING DOCUMENTS: x ATTACHED ❑ NONE Revised Prairie Center Reservation Policy. Resolution Approving Waiver. MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve proposed changes to City of Otsego Prairie Center Reservation Policy and to Approve Resolution No. 2016-53 Resolution Regarding Waiver of Certain Policy Requirements- Otsego Lion's Club. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES NA I o NO 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 and weekends as determined by the Parks and Recreation Manager but shall not be available on the following holidays: 1. Thanksgiving Day. 2. Christmas Day. 3. Other holidays as determined by the Parks and Recreation Manager during which other City offices are to be closed and may require additional fees as may be incurred by the City. B. Rooms within Prairie Center available for rental based on a schedule as determined by the Parks and Recreation Manager are: 1. Assembly Room: a. Entire room. b. Carpet side only. C. Tile side only. 2. Conference Rooms: a. Conference Room 1 (Fireplace). b. Conference Room 2 (Northeast). C. Conference Room 3 (Small). (1) This room shall not be available for rental after 5:OOPM Monday through Thursday, after 12:00 Noon on Friday or on Saturday and Sunday unless one (1) or more other conference or assembly rooms are rented for concurrent periods. d. Conference Room 4 (Southwest). 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. r D. The Parks and Recreation Manager may deny a reservation request, at their discretion, on the basis that the planned event would not be compatible with other previously scheduled events at the facility. 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 (501C3) 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. E. Businesses located within the City of Otsego. F. All other users will be scheduled on a first come first serve basis. 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. The City shall 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. C. Payment for any facilities or services provided less than fourteen (14) days prior to the event shall be paid with cash or credit card only. D. Cancellation within one (1) month of the reserved date will result in forfeiture of the rental fee. 3 E. There shall be a minimum rental period of two (2) hours for events after 5:OOPM Monday through Thursday, after 12:00 Noon on Friday or on Saturday and Sunday 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. 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 in accordance with the following schedule: 1. An application shall not be accepted more than one hundred twenty (120) days prior to the date of an event. 2. An application for an event occurring between 8:OOAM and 5:OOPM Monday through Thursday or 8:OOAM to Noon on Friday shall be submitted a minimum of twelve (12) hours prior to the scheduled date of an event, subject to approval of the Parks and Recreation Manager. 3. An application for an event with alcohol or an event occurring after 5:OOPM Monday through Thursday, after 12:00 Noon on Friday or on Saturday and Sunday shall be submitted a minimum of fourteen (14) days prior to the scheduled date. 4. The City may accept an application within fourteen (14) days of the date of an event occurring after 5:OOPM Monday through Thursday, after 12:00 Noon on Friday or on Saturday and Sunday, without alcohol only, if another reservation for the same date and time period has already been scheduled and adequate City staff will be present. 5. An application is not completed until payment in full for all reservation fees and City charges has been received and the application is signed D. Non-profit (501 C3) civic and religious organizations located within the City of Otsego, upon submission of Minnesota Tax Exempt Form ST-3 or ST-17, may reserve use of one (1) room at Prairie Center per month occurring on a weeknight approved at the discretion of the Parks and Recreation Manager for a reduced or no fee as specified by Section 2-4-2 of the City Code through donation of in -kind community service hours to the City by the group or organization in a form approved by the City Council at least equivalent to the rental fee or other costs that would be incurred by the City that are off -set by the community service. The community service hours must be completed in full within the same calendar year as the use of Prairie Center under this section or the organization will be responsible for payment of the full or partial balance of the rental fee. 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. 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 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 policy. 2. The responsible individual must be eighteen (18) years of age or older. 3. The responsible individual must be present at Prairie Center during the entire rental period. C. General Requirements: 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. 5 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, except as approved by City staff. The consumption of alcohol at Prairie Center shall be allowed only if 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. Except as provided for in Section 05.05.06.C.4.c, the City, at its discretion, may allow the sale, service 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 served 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 to the extent permitted by law. For all events that al ti libeverages are pFeront Unless specifically waived by City Council resolution adopted at its sole discretion, a security officer, scheduled by the Parks and Recreation Department, will be required to be in attendance for all events that alcoholic beverages are present, 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. (1) Non —profit (501 C3) civic and religious organizations located within------- Formatted: Numbered + Level: 1 + the City of Otsego scheduling use of Prairie Center under Section Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.39" + Indent 05.05.05D of this policy may consume alcoholic beverages pursuant at: 1.64" to adopted resolution of the City Council without the presence of a security officer provided that: (a) Alcoholic beverages are not offered for sale or provided by the Formatted: Numbered + Level: 1 + organization but are brought to the facility by individual members. Numbering style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1.39" + Indent (b) The event is private with attendance limited to members of the at: 1.64" organization and invited guests. (c) The organization shall provide the City with a Certificate of General Liability insurance in the minimum amount of one million dollars ($1 000 000.00) under which the City is named as an additional insured prior to the event at which alcoholic beverages are consumed. 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 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 of the Parks and Recreation Manager, 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. 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. The costs incurred by the City will be charged to the responsible individual; If the City is unable collect payment, 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. 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 the premises of any offender. b. Order immediate removal of alcohol from the premises. G. Revoke the rental agreement immediately and order all persons from the premises. 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 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. B. Users, individuals, organizations and entities utilizing the facilities shall prior to any use agree in writing in a form approved by the City 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. CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2016-53 RESOLUTION REGARDING WAIVER OF CERTAIN POLICY REQUIREMENTS- OTSEGO LION'S CLUB WHEREAS, the Otsego Lion's Club is a 501C3 non-profit organization located within the City of Otsego; and WHEREAS, the Lion's Club has regular meetings and an occasional party at the City of Otsego's Prairie Center facility; and WHEREAS, at some of these meetings and member gatherings a small amount of alcoholic beverages are present and brought to the facility by individual members; and WHEREAS, the City of Otsego's rental policy (Prairie Center Reservation Policy, 05.0, Section 05.05.06, C, 4, f) requires that the renter provide a security officer at any event where alcoholic beverages are consumed unless specifically waived by City Council resolution. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Minnesota as follows: The Council specifically waives the requirement for a security officer for the Otsego Lion's Club under Prairie Center Reservation Policy 05.0, Section 05.05.06, C, 4, f and pursuant to Section 05.05.06, C, 4, f, 1. The waiver only applies to small meetings and gatherings including primarily members, and specifically does not apply to any event where the public in general is invited to attend or must pay admission to attend. 2. The Resolution may be rescinded at any time for failure to comply with the Policy or any other reason, at the sole discretion of the City Council. ADOPTED this 23`d day of May, 2016 by the Otsego City Council. Motion to approve made by Council Member and seconded by Council Member IN FAVOR: OPPOSED: ABSTAINING: Vern Heidner, Acting Mayor Tami Loff, City Clerk