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CR 99-174 Amending City Code Section 830 Parks, Recreational & Passive AreasSeptember 28, 1999 AMENDING CITY CODE SECTION 830 PARKS, RECREATIONAL AND PASSIVE AREAS Proposed Action Staff recommends approval of the following motion: Move that Council adopt for first reading, Ordinance 99 -832 adding section 830.26 to the city code and amending section 830.27 of the city code. Overview For the last two summer seasons complaints about smoking at Maetzold Field and Shady Oak Beach have surfaced. Problems with alcohol in the parks have also resulted in an increase in police responses to public drunkenness and other related behavior problems. In 1998, the Joint Hopldns- Minnetonka Recreation Board addressed smoking by banning the use of tobacco products within the fenced in area of Shady Oak Beach. In May of 1999 a representative of the Hopkins Area Football Association addressed the Park • Board and requested that Maetzold Field be a tobacco free park. This would be consistent with other youth facilities within the Hopkins School District. A representative of the Hopkins Area Little League also favored this request. At that meeting the Park Board made a motion recommending to council that Maetzold Field become a tobacco free park. At the September 1999 Park board meeting discussions centered on the use of alcohol in all Hopkins Parks. At this meeting, a motion was made that alcohol use in four city parks be allowed, but restricted, by permit only to Shady Oak Beach, Central, Burnes, and Valley Parks. The use of alcohol would be prohibited in all other park locations. The city code section 830 is vague in the area governing alcohol and needs a separate subdivision to control tobacco use. Primary Issues to Consider • Park Board Recommendations • Are the changes consistent with other communities? • Impacts to Hopkins Residents • What is the time frame for the proposed action? Supporting Information • Analysis of Issues • Proposed Ordinance 99 -832 • Excerpts from Park Board Meeting Minutes of 5/17/99 and 9/20/99 • Excerpt from existing Hopkins City Code Section 830 • City of Hopkins Alcohol in Parks Keg Beer Permit Application • City of Minnetonka permit for Alcoholic Beverages Ray CITY OF HOPKINS Parks & Forestry Superintendent Council Report 99 -174 Analysis of Issues • Park Board Recommendations The Park board has met on two occasions to discuss these issues. It was agreed that Maetzold Field is unique in our park system, as this facility is primarily youth oriented. Spectators and even coaches smoking and using tobacco products in front of the soccer, football and baseball teams comprised of very impressionable youth was considered a very poor example. With no actual rules posted, it is difficult for user groups to enforce an unwritten policy of no tobacco products at this location. The Park Board passed a motion recommending to Council that Maetzold Field become a tobacco free facility. The use of alcohol in the park system was carried over to the September 1999 meeting to allow the three new park board members an opportunity to discuss the topic. The Park Board discussed the topic at the September meeting and concluded that it was time for Hopkins to control alcohol use in the parks better than it currently was. The Park Board passed a motion recommending to Council that alcohol use in four city parks be allowed, but restricted, by permit only at Shady Oak Beach, Central, Burnes, and Valley Parks. The use of alcohol would be prohibited at all other park locations. • Are the changes consistent with other communities? The proposed changes in the use of alcohol are very consistent with neighboring communities. Eden Prairie, St. Louis Park and Minnetonka allow alcohol in select parks by permit only. Edina does not permit alcohol in the park system. Hennepin Parks allows beer and wine but not keg quantities. • Impacts to Hopkins The impacts to local residents are significant from the current policy. Picnic groups and individuals would generally not be allowed to consume alcohol at park locations. The Hopkins- Minnetonka Recreation department administers permits for alcohol in the parks. This process indirectly limits groups seeking to have picnics with alcohol as there is a $25 non - refundable fee. Softball teams currently enjoy the privilege of having alcoholic beverages at Central park after games. This change in city code would make that illegal. Softball programs have NOT contributed to problems associated with the use of alcohol. Softball fans and team members have been very respectful of the privilege of having Central Park open for beer after their games. The park board will be taking an informal survey at the October 0 Open House. This survey should allow us to better gauge the public pulse on the two changes in alcohol and tobacco use. • What is the time frame for the proposed action? If Council approves both the 1s and 2° reading the changes would go into effect on November 16 1999. It is hoped that these changes are made so that enforcement can be made in the spring of 2000 as teams and the public begin using park facilities after the winter season. Section 3. This Ordinance is effective on November 16, 1999 AN ORDINANCE AMENDING SECTION 830 OF THE HOPKINS CITY CODE RELATING TO THE USE OF ALCOHOL AND TOBACCO IN CITY PARKS THE CITY COUNCL OF THE CITY OF HOPKINS DOES ORDAIN: Section 1. The Hopkins City Code Section 830.26 is hereby added to the city code as follows: 830.26 Tobacco Products. The use of tobacco products is prohibited within Shady Oak Beach and within the City Park known as Maetzold Field. Section 2. The Hopkins City Code Section 830.27 is hereby amended to read as follows: ATTEST: 830.27 Alcoholic beverages. Subdivision 1. Prohibition. Except as provided in this section the possession of alcoholic beverages and the drinking of alcoholic beverages is prohibited in a park Beer and wine may be consumed in Central Park, Shady Oak Beach, Burnes Park and Valley Park in areas designated by the director by permit only. The term "alcoholic beverage" has the meaning given by Minnesota Statutes; Section 340A. 101, Subdivision 2. First Reading: Second Reading: Date of Publication: Effective Date of Ordinance Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY City Attorney CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE 99 -832 October 5, 1999 October 19, 1999 October 27, 1999 November 16, 1999 Date Charles D. Redpenning, Mayor