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Meeting Date: March 23, 2004

Subject/Title: Approve temporary use of City-owned property and Temporary Use Permit for the Creek Side Church Easter Egg Hunt on April 10, 2004

Prepared By: T. Nielsen

Submitted by: M. Oshinsky, Director, Community Development

Approve temporary use of City-owned property and a Temporary Use Permit for the Creek Side Church Easter Egg Hunt, on April 10, 2004, subject to certain conditions of approval.

On November 26, 2002, the City Council approved an amendment of the code section for Temporary Use Permits. The amended code provides that: “Any Temporary Use proposed on City property requires the approval of the City Council.”

On March 4, 2004, Creek Side Church submitted an application to use the City-Park located on the corner of Second Street and Oak Street to hold an Easter Egg Hunt. Previously, City Park has been rented without the applicants for such events having to obtain a TUP. Since the change in the ordinance, Council approval of the Temporary Use Permit is required.

The criteria for approval when evaluating a request for a TUP includes consideration given to traffic, circulation, parking, visibility, harmful effects on adjoining property and any other relevant impacts or considerations of the proposed use. The proposed use may be reasonably conditioned to mitigate identified impacts or to ensure public health, safety or welfare.

The applicant is proposing to use the majority of the park to accommodate this use. They propose to locate a food vendor within the parking lot in front of City Hall to provide food to attendees of the event. Also involved is a children’s play area consisting of two bounce-houses, a photo opportunity with the “Easter Bunny” within the gazebo, a number of game booths, a welcome area and a first aid station.

The proposed event hours are:

Saturday 8:00 am – 11:00 am – setup
Saturday 11:00 am – 1:00 pm – event
Saturday 1:00 pm – 3:00 pm – tear down

It is staff’s opinion that this proposed Easter Egg Hunt will have moderate impact upon surrounding businesses. Impacts on offices will be non-existent, given that the event will take place on the weekend.

It is Staff’s opinion that traffic will also be minimally impacted. Parking will be available in the stalls surrounding the park along Oak Street and Maple Street, as well as most of the spaces within the City parking lot, totaling 165. These should suffice for any visitors to the event. These spaces total 165. In the unlikely event that overflow space is needed, there are approximately 60 extra spaces in the City-owned parking lot across Second Street from City Park and there are additional on street spaces beyond these to accommodate visitors to the downtown conducting regular business within the district.

Since use of City property must be approved by Council, it is appropriate for approval of this TUP to be considered and approved by Council concurrently with the approval of the use of the City site. Staff recommends the following conditions of approval be applied to the TUP for the Easter Egg Hunt to address and mitigate any adverse impacts:

1. The TUP shall be valid for Saturday, April 10, 2004.

2. Post a clean-up bond in the amount of $1,000.00 prior to the event. This will be refunded after the site is cleaned up and inspected after the temporary use ceases.

3. Provide verification of Non-profit status prior to the event.

4. Provide proof of contract for rental of the City Park site prior to the event.

5. Provide documentation of Police Department approval prior to the event.

6. Provide documentation of Fire District approval prior to the event.

7. Provide proof of County Health Department approval for the food preparation booth prior to the event.

8. Obtain (if necessary) an Electrical Permit.

9. Provide two on-site portable restrooms as other facilities will not be available for the event. Provide proof of contract for these facilities prior to the event.

10. Provide a statement that the applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees from any and all liability or claims that may be brought against the City arising out of its approval of this permit, or the environmental determination rendered in connection with the permit approval, or arising out of the operation of the use or uses allowed under the permit, save and except that causes solely by the City’s active negligence.

The fiscal impact on the City should be minimal.

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