HomeMy WebLinkAbout2011-05-17 - Parks and Trail Agenda PacketCorcoran Parks and Trails Commission
Tuesday, May 17, 2011
7:00 to 9:00 PM
Corcoran Community Room
************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
1) Convene Regular Parks & Trails Commission Meeting —Chair Krueger
2) Approval of-
a) Agenda
b) Minutes of 04/26/11 Meeting*
3) Open Forum
4) Old / Unfinished Business:
5) New Business
a) Cpl John Hamilton, Corcoran PD. Update on Public Safety Issues.
6) Subcommittee & Miscellaneous Reports
a) City Council Liaison
b) P & T Subcommittee on Use of Alcohol in Parks*
c) P & T Subcommittee on Signage
d) Park Dedication Fund Balance*
7) Other Business
8) Announcements
9) Adjourn
Next Meeting June 21, 2011 at 7:00 p.m.
Please contact City Administrator at 763 - 420 -2288, Ext 13(work) or 763 - 238 -0219 (cell) if you are
not able to attend the meeting, so that an alternate can be contacted to assure a quorum of members
are preset for the meeting.
*Includes information for packet
2b.
Corcoran Parks and Trails Commission
Tuesday, April 26, 2011
7:00 PM
Present: Trish Krueger, Tom Anderson, Kevin Dale, Chad Robran, Student Lindsay
Jacobs, Robert Vassello, Val Nybo, Student Michelle Hansmann, Student Charles Jacobs
Absent: Rachael Tessmer,
Others: Council Liaison Ken Guenthner, Council member Rich Asleson, City
Administrator Dan Donahue, TDKA Consultant Sherri Busse
1. Convene. Chair Krueger called the meeting to order at 7:00 PM in the Corcoran
Community Center
2. Approvals:
a. Agenda.
i. Add Tree Give a Way Report to 8 Other Business.
ii. Add Athletic Association to 9 Announcements
iii. Motion: Nybo /Anderson to approve agenda as amended. All voted
Aye (6:0).
b. Minutes of 11.16.10 Commission Meeting:
i. Motion: Anderson/Dale to approve minutes as presented. All voted
aye (6:0).
c. Minutes of 03.16.11 Commission Meeting:
i. Change incorrect day of the week in the heading of the minutes
from Tuesday to Wednesday
ii. Change Student Commissioner Lindsey Jacobs from present to
absent
iii. Motion: Vassello/Nybo to approve with changes. All voted aye
(6:0)
3. Open Forum. None
4. Presentations. Randy Baudler of the Northwest Trails Snowmobile Club. Gave an
overview of the club and updated Commission of their activities in the city.
5. Unfinished Business
a. Ryan/Streeter Property Turnback Proposal. Donahue updated the
Commission on the proposal and reviewed the letter from the city engineer
that had been received by the city council at their meeting of April 14,
2011 on the matter. Donahue related that the council expressed interest in
pursuing the proposal but the issue of long term maintenance and who is
Parks & Trails Minutes
04.26.2011
responsible has yet to be worked out. Also, the engineer recommended
that Ryan/Street put up a $5,000 escrow prior to the city moving forward
on further considerations. The escrow is still being considered by
Ryan /Streeter. The Commission again stated that they remain interested in
pursuing this proposal for possible future parks and trails purposes.
b. TDKA Consultant Sherri Busse.
i. Ms. Buss began a long discussion that outlined her memo of April
18, 2011 to the Commission. A lot of discussion centered on the
fact that the 2030 Comprehensive Plan greatly expanded (more
than doubled) the proposed parks and trails in the city with a cost
of $33 million. However, the expected area and intensity of future
development had not changed significantly from the 2020
Comprehensive Plan. There now existed a disconnect of
approximately $20 million between cost and ability to fund such a
plan. Further, the memo outlined options for a fee structure and
concluded that the fees charged land owners and developers in
Corcoran would have to increase three fold above what
neighboring cities charge for park dedication. To do this is
impossible and could not be supported in state law according to
Ms. Busse.
ii. The Commissioners after discussion asked Ms. Busse to:
1. Develop scenarios to meet our development goals in the
2030 Comp Plan
2. Articulate what are the issues before the Commission and
City of Corcoran
3. Write a memo that explores the issues, costs, value of Parks
development, options for Park Development Fees, and give
rationale for recommendations.
iii. There was discussion on when the information could be developed
by Ms. Busse. She stated that the current Scope of Work and the
contract called for one more meeting. She can have the information
put together for the June meeting. However, she may not be able to
attend the meeting if the regular schedule was followed of the third
Tuesday of the month. She said she would see what she could do to
have her schedule changed in order to attend the Corcoran P & T
meeting on June 21St
6. New Business
a. Fee schedule. Donahue went through the proposed city fee schedule and
pointed out the parks related areas of the schedule that the Commission
should make recommendations to the city Council. After review and
discussion the Commission agreed to the plan as presented
Parks & Trails Minutes
04.26.2011
b. Motion: Anderson/Robran to recommend to the City Council the approval
of the City Fee Schedule as presented. All voted aye. (6:0)
7. Committee Reports
a. City Council Liaison Mayor Ken Guenthner. He updated the Commission
on the major activities of the City Council which were:
i. The Public Works Facility development. He discussed the current
feasibility study on the city owned property immediately south of
city hall; and the two additional proposals (property west of the
city park along Co. Rd. 50 and the property west of Cain road and
south of Co. Rd. 30).
ii. Sewer and Water project. He talked about activities to date and the
beginning discussion by the council at their meeting on April 28,
2011
iii. 2030 Comprehensive Plan and the efforts to finalize the editing of
the document that was accepted by the Met Council at the end of
2009. The council was finishing their review and the document
would be soon assembled for the council's final approval in the
near future.
b. Donahue presented information to the Commission on a request city staff
had received about amending the current policy on use of alcohol in the
Community Center. The request was to amend by allowing the lessee to
serve (not sell) beer and wine without hiring a caterer (as is required in the
current policy). Donahue said that the city staff after checking with the
MN League of Cities and our insurance broker recommends that this
request for the amendment seems reasonable as long as all other
provisions of the policy are followed. Donahue said that there was no
hurry on the matter but that the person making the request for a change
might be coming to an upcoming city council meeting to press her case.
The Chair asked that this be put on the next agenda.
c. Signage. No Report
d. Park Dedication Fund Report. Not discussed and will be reviewed again at
the next meeting
e. Park Dedication Fund Report-Draft. Not discussed and will be reviewed
again at next meeting
8. Other Business
a. Agenda schedule. No discussion
b. Tree Give Away. Anderson reported to the Commission the efforts he and
other volunteers undertook to distribute the trees that were purchased with
the Jaycees donation. Because the trees came in earlier than planned this
year, they had to be distributed well before the planned give a way on May
Parks & Trails Minutes
04.26.2011
7th at the Annual Clean Up Day. He noted that among the volunteers were
student Commissions Lindsey Jacobs and Michelle Hansmann.
9. Announcements. Commissioner Dale had left the meeting at this point. He had
asked the Chair to announce that he had resigned his position as President of the
Corcoran Athletic Association effective May 10, 2011.
10.Adjourn. Motion by Robran/Anderson to adjourn. All voted aye (5:0) at 9:52 pm.
Respectfully Submitted,
Daniel J. Donahue
City Administrator
2
ADMINISTRATOR'S REPORT Agenda Item No. 5a
P & T Commission Meeting:
May 17, 2011
Prepared By:
Dan Donahue, Administrator
Topic:
Corcoran PD
Action Required:
Direction
Policy:
Budget Impact:
Summary:
Cpl John Hamilton will be attending the Commission meeting. The
Commission has stated that they would like the PD to attend at least one
meeting during the year to discuss issues and events in the community that
impact the city parks. This is an opportunity to discuss anything on the
minds of the Commissioners. If there is anything in particular that you
would like to discuss, Please email me (ddonahue(c- ci.corcoran.mn.us) or
call me and I can have Cpl Hamilton be prepared.
STAFF REPORT
Document No. 7b.
P & T Commission: April 26, 2011
Prepared By:
Dan Donahue, City Administrator
Topic:
Alcohol and Community Center
Action Required:
Consider Changing Policy
Summary:
I am asking the P & T Commission to review the existing policy on the serving of
alcoholic beverages in the Community Center. Current policy requires that any such
beverages by dispensed only through a licensed caterer (which includes a bartender).
The issue is coming to a head over a couple of requests received by staff to amend the
policy. One of those requests may come to an upcoming council meeting asking for a
change.
The Commission is asked to review three pieces of information that you will find in your
packet:
1. The existing policy
2. The League of MN Cities recommended policy
3. An email from the city's insurance broker (printed out below).
Dan,
You're definitely in luck on this one because you're not the only city that has faced this
issue.
Kegs are a decidedly not a desirable activity for Community Center functions. I suppose,
just like when we were kids, they have a way of sliding down a little easier if it's a keg.
In discussing it with the League, most cities seem to ask for liability insurance if alcohol is
being served.
If there is a charge for alcohol, they need a license and insurance by state law.
You'll find a model document, recently updated by the League, attached that addresses the
issue and does most of the work for you in setting up the agreements.
Let me know if you need anything else.
Thx, Shaun Irwin
Staff Report —April 26, 2011 P & T Commission Meeting
Page 2
The request that will probably be coming to the city council is to modify the policy so
that it is not so onerous if just beer and wine is to be served at the function being
held in the community center. The requirement of a licensed caterer is the particular
point in the policy that is being questioned. Read over the League's recommended
policy. It is much more detailed than our current policy. I do not think the
Commission needs to act or do anything at this meeting. If a request does come to
the council then I can say that you are studying the matter.
City of Corcoran
Civic Center Rules and Regulations
RENTAL FEES AND DEPOSITS
The Civic Center can not be reserved until the Renter has made a reservation deposit of $50.00 or
50% of the required fee (which ever is greater) and return a signed lease agreement to the City. The
rental fee for the Civic Center shall be set according to the adopted fee schedule. The rental fee less
the remaining rental deposit shall be payable 30 days in advance for the use of the Civic Center.
The Renter signing the lease agreement shall be personally responsible for the payment of the rental
fee.
The Renter will provide a damage deposit, due at the time of the rental fee. The damage deposit
check will be held by the City and returned upon satisfactory inspection of the premises. The Renter
shall be held responsible for any damages to the facility that occurred as a result of the Renter's use.
The damage deposit covers any structural, physical or related damages to the facility along with the
removal of any city owned equipment from the facility. The City of Corcoran reserves the right to file
a claim beyond the damage deposit in order to repair or replace these items.
A key will be provided to the Renter to gain access of the Civic Center the day of the event.
Arrangements to be in the Civic Center prior to the event must be arranged through the City. If the
key is not returned after use, a $10.00 per day charge will be assessed against the damage deposit
for a maximum of $50.00. After 5 days the key will be considered a lost key, and the Renter will be
responsible for costs incurred by the City to re -key the entrance.
CANCELLATION
By Renter: Renter may cancel this Lease Agreement by giving notice to the City. If the notice is
received thirty (30) days prior to the Date of Use, all fees paid to the City will be refunded to the
Renter. If notification is received beyond the 30 day date of use, 50% of the fees paid to the City
shall be refunded to the Renter. If notification is less than 72 hours no fees will be refunded to the
Renter.
By City: The City reserves the right to cancel this Lease Agreement up to 72 hours prior to the Date
of Use, or at any time when a state of emergency is declared by the City or unsafe environmental
conditions exist in the opinion of the City, or if the utility services are interrupted. In such event,
Renter agrees that the City shall have no responsibility or liability for any disruption or damages or
loss which Renter may suffer or incur due to the cancellation. The City will attempt to notify the
Renter as soon as possible if such cancellation occurs. All fees paid to the City shall be refunded if
this Lease Agreement is canceled pursuant to this paragraph.
ALCOHOL
1. Renter must hire a licensed vendor to dispense alcohol (i.e. bartender /caterer).
2. Vendor must provide a certificate of dram shop insurance with evidence of coverage in the
amount of $300,000 per individual and $600,000 per event.
3. Vendor shall name the City of Corcoran on their general liability policy, not on their liquor
liability policy.
4. Renter /Vendor must secure a Temporary Liquor License from the city at a cost of $10.00 per
day.
5. Renter must hire a Corcoran Officer, under the event security fee schedule. The renter shall
contract with the Police Department in advance for a set amount of time. The time may be
extended at the sole option of the officer hired for the event.
2
SUPERVISION
Disorderly conduct is prohibited and punishable by ejection of the disorderly persons from the facility.
The Renter shall be solely responsible for supervising the conduct of the members of the group.
INSPECTION AND CLEANUP
The City of Corcoran agrees to inspect the facility prior to the Renter use. It shall be the
responsibility of the Renter to clean up the facility, remove all garbage and trash and put in
the dumpster located outside the side door of the Civic Center. The facility must be returned
to the condition in which it was prior to the time it was used by the Renter. If such cleanup
work is not done, the City shall have the facility cleaned and the Renter agrees to pay for the charges
of this cleanup required to return the facility to the condition in which it was prior to the use by the
Renter.
COMPLIANCE WITH LAWS
The Renter must comply with all City of Corcoran ordinances, Minnesota State statutes, federal laws,
and the established rules for use of the Corcoran Civic Center.
AGREEMENT TO HOLD HARMLESS & DEFEND AND INDEMNIFY
I understand that my use of the Civic Center is voluntary and that I am using it for my own benefit
only. I understand that the use of the Civic Center is undertaken at my own risk and that the City of
Corcoran will not be liable for any claims, injuries or damages of whatever nature incurred by me or
member of my organization, or by the negligence of third parties. On behalf of myself and the
organization I represent, I expressly forever release and discharge the City of Corcoran and its
agents or employees from any such claims, injuries or damages. I also agree to defend, indemnify
and hold the City harmless from any claims, injuries or damages of whatever nature arising out of or
connected with my use of the Civic Center. If the undersigned fails to do so, then the City may
institute an action against the undersigned and all persons using the facility for recovery of all costs,
including attorney fees, incurred by the City pursuant to this paragraph.
I represent and agree that I have read and I understand the rules and regulations regarding rental of
the Corcoran Civic Center. I further understand that the City will not be responsible for providing
supervision of the activities and that the City reserves the right to cancel this permit for reasons of
public safety or convenience.
Signed
Date
HACity Hall Information \CivicCenter - Park Shelter \Civic Center Info \Rental Rules & Regulations2008.doc
NAME OF RENTER _
MAILING ADDRESS
CITY
CONTACT PERSON _
RESIDENT
DATE (S) REQUESTED
TIME IN
City of Corcoran
8200 County Road 116 • Corcoran • Minnesota • 55340
Bus (763) 420 -2288 • Fax (763) 420 -6056
CITY BALL 1 CIVIC CENTER LEASE AGREEMENT
STATE MN ZIP CODE
PHONE #
NON RESIDENT ❑
TIME OUT
WEEKDAY (M -TH) ❑ WEEKEND (FRI - SUN) ❑
SET -UP INFORMATION (Fill in accordingly or check box if applicable)
Number of chairs needed Number of Tables Stage set up ❑
Civic Center will seat approx 140 — 150 w/ no stage up
Banquet Style ❑ Classroom Style ❑ Audience Seating ❑ Podium 1 Microphone ❑
Chair each side of table chair one side of table facing front Chairs only facing front
MISC. NOTES
FOR ROOM SET
UP instructions
Purpose of Meeting
Est. Number of Attendance Will not use kitchen Will use kitchen ❑
Alcohol Served ❑ No ❑ Yes Police Security Needed ❑ No ❑ Yes
FEE REQUIREMENTS - (It is the applicants responsibility to obtain a key for after business hours)
TOTAL RENTAL FEE AMOUNT $ includes tax FOR OFFICE USE ONLY
Damage deposit check will be held please
use a separate check
Application Processed by Date
AGREEMENT
I have read the rules. I understand and agree to the rights and responsibilities as described in the City of Corcoran City
Hall /Civic Center Rental Rules and Regulations.
® A copy of the rules has been provided to applicant.
Signature of Applicant
H:1City Hail Information\CivicCenter - Park ShelterlCivic Center Info\Lease Agreement Template2010.doc
Date
00
LEAGUE of CONNECTING & INNOVATING
MINNESOTA SINCE 1913
CITIES
RISK MANAGEMENT INFORMATION
LMCIT MODEL COMMUNITY CENTER
RENTAL DOCUMENTS
The most important point is that whenever a city rents out city facilities, or allows free use of city
facilities, there should be a written agreement between the city and the user. A written
agreement should clearly define the rights and obligations of both parties. The agreement
should also address what happens if something goes wrong, e.g., the facility is damaged, an
event must be cancelled, or someone is injured. A couple areas merit specific mention:
insurance requirements and alcohol.
Model Documents
LMCIT has developed the following model documents
to assist cities when renting out a community center or
other city -owned facility:
• Community Center Rental Application
• Community Center Rental Rules and Regulations
• Community Center Rental Agreement
These documents will not meet the specific needs of
every city, as cities have different types of facilities and
offer different amenities in those facilities. These
documents, however, can serve as a starting point when
thinking about creating rental documents for your city.
Ultimately, the City Council must adopt the rules and regulations and approve any rental
agreement.
Your League Resource
LMCIT staff is available to review
any contracts or other documents
related to the rental of community
facilities. To have your city's
documents reviewed, forward to:
• Rachel Carlson, LMCIT Loss
Control Manager at
rcarlson @lmc.org; or
• Chris Smith, LMCIT Risk
Management Attorney at
csmith @lmc.org.
Insurance
Cities need to decide if users of city facilities will be
required to obtain liability insurance. Some cities
never require insurance; some cities always require
insurance; and other cities only require insurance for
certain types of events, e.g., where alcohol will be
served. The decision to require insurance is within the
discretion of the City Council.
Learn More
Read more about insurance
requirements for special events in
Insurance Issues For Use Of City
FnrilitiPS.
Read more about TULIP, how it
works, events that are covered, and
more on the League's website.
Some cities have been reluctant to require insurance as
it was difficult for a user to obtain. To alleviate that
This material is provided as general information and is not a substitute for legal advice.
Consult your attorney for advice concerning specific situations.
LEAGUE OF MINNESOTA CITIES 145 UNIVERSITY AVE. WEST PHONE: (651) 281 -1200 FAx: (651) 281 -1298
I N S U RAN C E TRUST ST. PAUL, MN 55103 -2044 TOLL FREE: (800) 925 -1122 WEB: WWW.LMC.ORG
concern, LMCIT now offers a Tenant User Liability Insurance Program (TULIP) which enables
users of city facilities to obtain low cost liability coverage.
A • 1 •
A city needs to decide if it will allow alcohol to be served
or sold at private events in city facilities. If alcohol is
allowed, the city may restrict the type of alcohol. For
example, the model agreement only allows beer (no
kegs), wine, and champagne.
Serving alcohol likely increases the liability risk to the
city. For example, if a third party is injured by a person
who is served alcohol in a city facility, the injured person
may try to hold the city liable. Accordingly, cities often
require the user to obtain liability insurance whenever
alcohol is served or sold in a city facility.
If alcohol will be sold, it is clear under state law that the
user will need to obtain a liquor license.
Learn More
Read more about the risks
associated with private groups or
individuals furnishing alcohol at
their event on city property in:
• Alcohol In The City: Liability
And Insurance Issues
• Loss Control
Recommendations When
Alcohol Is Served
In 2009, the state legislature clarified that the rental of a public facility is not a "commercial
transaction" under the state liquor laws. See Minn. Stat. Sections 340A.401, 340A.414, subd. 1.
Accordingly, if the user only serves alcohol, a liquor license will not be required.
Chris Smith 03/10
2
LMCIT Model Community Center Rental Application
City of , Minnesota
Community Center Rental Application
Submit this Community Center Rental Application to the City Clerk at least days prior to the event.
Please complete all items below. Incomplete applications will not be processed.
DATE AND TIME OF RENTAL
Day of Rental:
Date of Event:
Rental Hours: [am] [pm] to
Event Hours: [am] [pm] to
NOTE: "Rental Hours" must include time needed for set up and clean L
INDIVIDUAL INFORMATION
Name:
Address:
City: State: Zip Code:
Telephone: (Home) (Work) (Cell)
ORGANIZATION /COMPANY INFORMATION
Name of Organization/Company:
Contact Person:
Address:
City: State: Zip Code:
Telephone: (Home) (Work) (Cell)
3
[am] [pm]
[am] [pm]
EVENT INFORMATION
Describe event and activities including any entertainment:
Estimated attendance:
Is use of kitchen requested? YES NO
Will alcohol be served? YES NO
Estimated number of minors attending:
Will food be served? YES NO
Will alcohol be sold? YES NO
APPLICANT MUST COMPLY WITH ALL ALCOHOL LICENSING REQUIREMENTS
A security deposit of $ must accompany this application for events without alcohol. A security
deposit of $ is required if alcohol will be served or sold. The security deposit may be paid by
cask or check. Checks should be made out to the "City of ." If the check is dishonored,
your event will be cancelled by the City. See the Community Center Rules and Regulations for more
information concerning the security deposit.
Signature of Applicant
FOR CITY USE ONLY
Security deposit received: $
Security deposit returned: $
L,
Date
Application Approved YES NO
Date Retuned:
LMCIT Model Community Center Rental Agreement
City of , Minnesota
Community Center Rental Agreement
This Community Center Rental Agreement (the "Agreement ") is made between the City of
, Minnesota (the "City ") and (the "User "),
(collectively, the "Parties ").
WHEREAS, the City owns a Community Center that it rents out to individuals or groups; and
WHEREAS, the User has submitted a Community Center Rental Application (the "Application ")
to the City to use the Community Center for:
(the "Event "); and
WHEREAS, the User's Application has been approved by the City; and
WHEREAS, the City has adopted the Community Center Rental Rules and Regulations (the
"Rules and Regulations ") which are attached to this Agreement and incorporated herein by
reference.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below,
the Parties agree as follows:
Community Center. The City rents its Community Center to the User. This Agreement
[does] [does not] include use of the Community Center's kitchen. Any offices or private areas
of the Community Center may not be used.
2. Term. User shall be entitled to use the Community Center from [am] [pm] on
, 20 until [am] [pm] on , 20 This
time period includes the time necessary for set up and clean up.
3. Rent. User agrees to pay the City the sum $ for using the Community Center.
The User agrees to pay the City an additional $ for each hour or fraction of an
hour the User is in the Community Center past the stated ending time of the rental in Section 2.
The initial rent is due days prior to the Event, or on the date of this Agreement if less
than days remain prior to the Event. Any additional rent must be paid within seven (7)
days after the Event. If the Event is cancelled, the rent will be returned or kept pursuant to the
Rules and Regulations.
4. Security Deposit. The User paid a security deposit of $ with the Application. The
security deposit will be returned or kept pursuant to the Rules and Regulations.
5. Food. The City [does] [does not] authorize food to be served at the Event as described in the
Application.
5
6. Alcohol. Alcohol [will] [will not] be served at the Event. Alcohol [will] [will not] be sold at
the Event. If alcohol will be served or sold, the User agrees to comply with all liquor licensing
requirements. The City reserves the right to prohibit the serving or sale of alcohol in the
Community Center. The serving or sale of any alcohol is further subject to the Rules and
Regulations.
7. Entertainment. The City [does] [does not] authorize entertainment to be provided as described
in the Application.
8. Insurance. The User [is] [is not] required to obtain liability insurance for the Event. If
insurance is required, User agrees to obtain at least the minimum coverage set forth in the
Rules and Regulations. The User agree to provide a certificate of insurance to the City
showing the required coverage at least seven (7) days prior to the Event and naming the City as
an Additional Insured.
9. Property Damage/Missing Items. tems. The User agrees to pay the City for any physical damage to
the Community Center or its contents during the Event. The User also agrees to replace or pay
the cost of replacement for any missing items.
10. Indemnification. The User shall defend, indemnify and hold harmless the City and its
officials, employees and agents from any liabilities, judgments, losses, costs or charges
(including attorneys' fees) incurred by the City or any of its officials, employees or agents as a
result of any claim, demand, action or suit relating to any bodily injury (including death), loss
or property damage caused by, arising out of, related to or associated with the use of the
Community Center by the User or by the User's guests or invitees, except to the extent caused
by the sole negligence, gross negligence or willful misconduct of the City or its officers,
employees or agents.
11. Waiver and Assumption of Risk. The User knows, understands and acknowledges the risks
and hazards associated with using the Community Center and hereby assumes any and all risks
and hazards associated therewith. User hereby irrevocably waives any and all claims against
the City or any of its officials, employees or agents for any bodily injury (including death), loss
or property damage incurred by the User as a result of using the Community Center and hereby
irrevocably releases and discharges the City and any of its officials, employees or agents from
any and all claims of liability.
12. Rules and Regulations. The User certifies that he or she has read the attached Rules and
Regulations and agrees to be bound by the Rules and Regulations. The User shall be
responsible for ensuring compliance with the Rules and Regulations by the User's guests or
invitees.
13. General Provisions.
A. Entire Agreement. This Agreement supersedes any prior or contemporaneous
representations or agreements, whether written or oral, between the Parties and contains
the entire agreement.
G
B. Amendments. Any modification or amendment to this Agreement shall require a written
agreement signed by both Parties.
C. Governing Law. This Agreement shall be governed by and interpreted in accordance with
the laws of the State of Minnesota.
D. Captions. Section headings contained in this Agreement are included for convenience only
and form no part of the Agreement between the Parties.
E. Waiver. The waiver by either party of any breach or failure to comply with any provision
of this Agreement by the other party shall not be construed as, or constitute a continuing
waiver of such provision or a waiver of any other breach of or failure to comply with any
other provision of this Agreement.
F. Savings Clause. If a court finds any portion of this Agreement to be contrary to law or
invalid, the remainder of the Agreement will remain in full force and effect.
IN WITNESS WHEREOF, the Parties caused this Agreement to be approved on the dates
below.
By signing this agreement, I declare that I have read, understand and agree to all of the
terms and condition of this Agreement.
User
Date:
The City Council of , Minnesota duly approved this Agreement on the
day of , 20
By:
Its Mayor
And:
Its City Clerk
7
LMCIT Model Community Center Rental Rules and Regulations
City of , Minnesota
Community Center Rules and Regulation
The City of , Minnesota (the "City ") has adopted the following Community
Center Rental Rules and Regulations concerning the rental of the City's Community Center to a
member of the public or a group (the "User ") for an "Event." These Rules and Regulations will be
incorporated by reference into any contract between the City and a User.
Reserving the Community Center. To reserve the Community Center, the User must submit
a Community Center Rental Application (the "Application ") to the City Clerk at least
days prior to the Event. Applications will not be accepted more than one year in advance of
the Event. Applications will be accepted during the City's regular business hours.
2. Community Center Rental Agreement. After the City has approved an Application, the User
must enter into a written Community Center Rental Agreement (the "Agreement ") with the
City.
3. Security Deposit. A security deposit of $ must accompany the Application if no
alcohol will be served at the Event. A security deposit of $ must accompany the
Application if alcohol will be served at the Event. The deposit will be returned if the
Application is denied or if the Event is cancelled for any reason by the City or the User. If
the Application is approved, the deposit will be returned to the User within fifteen (15) days
after of the Event if there is no damage to the Community Center or its contents. The City
may withhold a portion or all of the deposit if the User does not adequately clean the
Community Center following the Event. The amount of the deposit does not limit the
liability of the User for any damage or loss caused by the User or the User's guests and
invitees.
4. Rental Fee. The City charges the following rental fees for use of the Community Center:
• Flat fee for 3 hours (under 50 people) -- $ , $ for each additional hour
(or fraction of an hour)
• Flat fee for 3 hours (over 50 people) -- $ , $ for each additional hour
(or fraction of an hour)
• Use of Kitchen -- $50
The rental hours include the time necessary for set up and clean up. If the Community
Center is available, the City, in its sole discretion, may allow the User to set up the day
before the Event.
The rent is due at least days prior to the Event, or on the date of the Agreement if less
than days remain prior the Event. If the User remains in the Community Center past
the ending time stated in the Agreement, the additional rent must be paid within seven (7)
days after the Event.
5. Priority of Use. The City shall have first priority for all governmental activities. The
priority for all other uses shall be determined on a first -come, first - served basis.
6. Kitchen/Food. Users may provide their own food and beverage or utilize a professional
caterer. Use of the kitchen requires an additional fee as set forth in Section 4. If the kitchen
is used, all dishes, pots, pans, glassware, silverware and other utensils must be washed, dried
and returned to their original location.
7. Cancellation/Refund Policy. For cancellation requests received by the City at least
days prior to the Event date, no rental fee shall be due. For cancellation requests received
less than days prior to the Event date, one -half of the rental fee shall be due. All
cancellations must be submitted to the City Clerk in writing. The City reserves the right to
cancel the Event. If the City cancels the event, the User shall be entitled to a full refund of
any rent paid. Any refund of the rental fee shall be paid to the User within fifteen (days) of
the cancellation date.
8. Maximum Capacity. The maximum capacity of the Community Center is persons.
Under no circumstance shall the number of persons at an Event exceed the maximum
capacity.
9. Alterations. The User shall not make any alterations to the Community Center without the
written consent of the City. Alterations include any items that shall be hung, glued, taped or
in any other way affixed to the walls, ceiling, floor, windows or light fixtures of the
Community Center.
10. Building Access. The Community Center will be available for access at the time reserved
and keys will be available at City Hall the day before the Event. If the Event is on a
Saturday or Sunday, keys must be picked up no later than 4:30 p.m. on the Friday before the
Event. The User shall ensure that everyone is out of the building before leaving and is
responsible for locking the Community Center following the Event.
11. Access by City. The User shall permit the City's officials, employees or agents to have
access and to enter the Community Center at any time during the Event.
12. Designated Area. Only the area designated in the Community Center Rental Application
may be used. Any offices or other private areas are off limits.
13. Clean Up. The User is responsible for leaving the Community Center in as good or better
condition than found. All tables and chairs must be returned to their original position. All
floors must be swept and mopped. Cleaning supplies are in the janitorial closet. The User
must empty all garbage into the dumpster behind the Community Center.
14. Entertainment. All entertainment must be pre- approved by the City.
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15. Security. All Events shall be operated and supervised to the satisfaction of the City. The
City may require, as a condition of approval of the Application, that one or more security
guards be present at the Event.
16. Minors. If persons under age 18 will be present at the Event, there must be at least one adult
present for every minors.
17. Admission Fee. The User may not charge an admission fee, sell tickets or solicit donations
at the Community Center without the express written permission of the City.
18. Smoking. Smoking in the Community Center is prohibited at all times.
19. Law /Ordinances. The User must comply with the laws of the State of Minnesota and City
ordinances. The City has the right to terminate use of the Community Center during any
Event if the User violates any State laws or City ordinances. All fees shall be forfeited when
an Event is terminated for this reason.
20. Alcohol Policy. The possession, use or sale of alcoholic beverages is permitted in the
Community Center only under the following conditions:
• Alcohol use is limited to beer, wine and champagne. Kegs are not allowed.
• A liquor license must be obtained prior to the Event if alcohol is served or sold.
• The User must have adequate procedures in place to ensure that no one under the age of
21 is served alcohol and to ensure that no one is served alcohol in an amount to cause
intoxication.
• The serving of alcohol must end at least one (1) hour prior to the end of the Event.
• "Bring Your Own Bottle" functions are prohibited.
21. Insurance Requirements. The City, in its discretion, may require the User to obtain liability
insurance for any. If liability insurance is required, the following requirements apply:
• $1,000,000 minimum
• Insurance shall cover liability for injury death and property damage including coverage
for alcohol related claims.
• The insurance policy must be issued by an insurance company licensed to do business in
Minnesota acceptable to the City.
• The City must be named as an "Additional Insured" on the policy.
• At least seven (7) days prior to the Event, the User must give to the City a certificate of
insurance showing the required coverage.
22. Restricting Use. The City Clerk shall have the authority, subject to appeal of the City
Council, to prohibit or limit use of the Community Center by a particular User based upon
knowledge that the User has caused damage to other public facilities or when disruption,
damage, theft or other unfavorable history is recorded from previous use of the Community
Center.
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23. No Discrimination. The City does not deny access to the Community Center on the basis of
race, religion, sex, creed, age, sexual orientation or national origin. Allowing any group to
use the Community Center does not imply endorsement of a group's views by the City.
24. Accidents /Damage. Any accidents or damage to the Community Center must be reported to
the City Clerk following the Event.
25. Personal Property. The City will not be responsible for any personal property belonging to
the user or the user's guests or invitees.
CITY OF CORCORAN
4/19/11
PARK CAPITAL FUND REPORT
jheinecke
MONTH ENDED APRIL 30, 2011
6d.
Date
Park
Pat Puhle
Memorial Park
T -ball field
Parks
Balance
Dedication
Memorial
2011 BEGINNING BALANCE
384,090.46
(48,157.27)
895.84
(1,617.65)
(3,819.75)
331,391.63
Jan -11 Kelly's West Oaks 07 -003
6,000.00
337,391.63
Mar -11 Interest Earned
1,290.66
338,682.29
Mar -11 Interest Earned (savings)
11.51
338,693.80
Apr -11 TKDA
(100.78)
338,593.02
2011 YTD ACTIVITY
7,302.17
0.00
0.00
0.00
(100.78)
04/30/11 ENDING BALANCE
391,392.63
895.84
(48,157.27)
(1,617.65)
(3,819.75)
Fund Balance as of 04130/2011
338,593.02
* NOTE: In kind city labor and equipment cost is NOT included in the fund balance. Reported here as information only.
1 of 1
CITY OF CORCORAN
6d.
FARMERS STATE SAVINGS
QUARTER ENDED MARCH 31,
2011
Savings
Date
Interest
Revenue
Balance
12/2007
Year end balance
1,532.81
3/2008
3.83
1,536.64
6/2008
4.30
1,540.94
6/2008
Milbrandt Donation
5,000.00
6,540.94
9/2008
12.38
6,553.32
12/2008
9.57
6,562.89
3/2009
8.10
6,570.99
6/2009
6.84
6,577.83
7/2009
Milbrandt Donation
5,000.00
11,577.83
9/2009
16.81
11,594.64
12/2009
17.55
11,612.19
3/2010
15.63
11,627.82
6/2010
14.50
11,642.32
9/2010
13.98
11,656.30
12/2010
11.76
11,668.06
3/2011
11.51
11,679.57
$ 11,679.57
TOTAL $ 146.76
$ 10,000.00