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CR 99-174 Amending City Code Section 830 Parks, Recreational & Passive Areas September 28,. 1999 CITY OF ~ HOPKINS Council Report 99-174 . .... 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 Hopkins-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. .4a. - Prim~ 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 ofMinnetonka permit for Alcoholic Beverages ~~ Ray , Parks & Forestry Superintendent 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, S1. 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 9th 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 1st and 2nd reading the changes would go into effect on November 16th, 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. CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE 99-832 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: 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. Section 3. This Ordinance is effective on November 16, 1999 . First Reading: Second Reading: Date of Publication: Effective Date'of Ordinance October 5, 1999 October 19, 1999 October 27" 1999 November 16, 1999 Charles D. Redpenning, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND'LEGALITY ~ - City Attorney Date el CITY OF HOPKINS PARK BO~G MINUTES j . 'A , ., j -, T In ,_ . A regular meeting of the Hopkins Park Board was held on May 17, 1999. 1. CALL TO ORDER Chairperson K. Egger called the meeting to order at 6:35 p.m. n. ROLL CALL Present were Park Board members; Karen Egger, David Day, Mark Kuhl, Pat Schuessler, Charles Heubach (arrived 6:45). Also present was Hopkins staff Liaison Ray Vogtman. Absent was Council Liaison Karen Jensen. ill. APPROVAL OF MINUTES FOR MARCH 15, 1999 D. Day moved and M. Kuhl seconded a motion to approve the minutes for the March 15, 1999 meeting. On the vote: D. Day, M. Kuhl, P. Schuessler and K. Egger voted yes. The minutes were approved 4-0. IV. BUSINESS A. CO~REHENSNEPLAN Mark Koegler of Hoisington-Koegler Group, Inc. was present and updated the Park Board on the City's comprehensive plan. R. Vogtman will meet with M. Koegler on June 3, 1999 to finalize Park Board comments. D. Day moved and K. Egger seconded a motion to recommend to the City C~uncil that the Comprehensive Plan be accepted as proposed. On the vote; D. Day, M. Kuhl, C. Heubach, P. Schuessler and K. Egger voted yes. The motion was approved 5-0. B. MAETZOLD FIELD The president of the Hopkins Area Football Association, Rhonda Smith, was in attendance and held discussion on smoking at Maetzold. An active parent with children ages 7 - 17, she is also the coordinator of the Raspberry Junior Royalty. Her son now plays baseball with Hopkins Area Little League. She is very concerned with the use of tobacco products by both coaches and. parents at this site. She wants this site to be tobacco free, such as that policy in effect at other youth facilities in the Hopkins School District. She would like to see policy like that at Shady Oak Beach. The discussion centered on three areas of concern; 1) HALL policy for coaches and parents, 2) A City policy for Maetzold, and 3) A City wide park policy. P. Schuessler moved and C. Heubach seconded a motion to make Maetzold a tobacco free park. On the vote: D. Day, K. Egger, C. Heubacb, M. Kuhl, and P. Schuessler voted yes. The motion passed 5-0~ bridge crossing. D. Bryant and B. Wicklund indicated that the trail contract is still open and they hope that all signs and crossings are completed shortly. D. Bryant also commented that Hennepin Parks is available for any plans to connect the regional trails. He did agree that it is becoming more urgent to make these decisions. D. Bryant said that Hennepin Parks would accept outside maintenance responsibilities for the trailhead. Minor responsibilities such as refuse pick-up would be expected of the Depot employees. M. Allen moved and B. Dore seconded a motion to recommend to the City Council that the Hennepin Parks concept plan for a trailhead at the Depot site be approved. On the vote: M. Kuhl, P. Schuessler, B. Dore, B. Gullickson and M. Allen voted yes. The motion was approved 5-0. B. LRT REGIONAL TRAIL PERMIT M. Allen moved and B. Gullickson seconded a motion to approve the LR T Regional Trail permit for winter use as proposed. On the vote: M. Kuhl, P. Schuessler, B. Dore, B. Gullickson and M. Allen voted yes. The motion was approved 5-0. C. PARK BOARD BY-LAWS Staff member R. Vogtman led a discussion on why the changes to the by-laws were required. M. Allen added that the language on 4-4 Absenteeism also be changed from 4 to 2. P. Schuessler moved and G. Gullickson seconded a motion to recommend to the City Council that the park by-laws be amended as presented. On the vote: M. Kuhl, P. Schuessler, B. Dore, B. Gullickson and M. Allen voted yes. The motion was approved 5-0. D. ALCOHOL IN PARKS - CITY CODE ~ t-\ R K.. ~oA rZ t:. y1\(j,h4.'\[ $ .. q -?o', q '1 .l Staff member R. V ogtman led a discussion on the history of the permitted use of alcohol in the city parks. The merits of this use (picnic groups and softball teams) were discussed as were the problems with this use (drunkenness this summer in Burnes Park, broken bottles and behavior problems in Valley Park). M. Allen indicated that the Chemical Health Commission has also had discussions recently. These concerns were also over the image that seems to be prevalent about the casual attitude taken over the use of alcohol in Hopkins. R. Vogtman had discussions with Dave Johnson, Director of Recreation and Ron Schwartz, Recreation Supervisor about this topic. Both spoke in favor of allowing the use of alcohol by pernlit only. One draw to the softball program has been the fact that players and visitors may have an alcoholic beverage after games at Central Park. Few if any cities allow alcohol in the parks so Hopkins has been unique in this area. M. Kuhl moved and M. Allen seconded a motion that alcohol use in 4 city parks be allowed, but restricted, by permit only to Shady Oak Beach, Central, Burnes, and Valley Park. The use of alcohol would be prohibited in all other park locations. On the vote: M. Kuhl, P. Schuessler, B. Dore, B. Gullickson and M. Allen voted yes. The motion was approved 5-0. A council report will be written to propose the recommended changes in the City code on the use of Tobacco products and Alcohol to the city CounciL E. CONSTRUCTION REVIEW - P ARKS IDE . Bill Beard, President of Beard Group and Paul Ganst, Broker for Beard Group were available to present the plans for Parkside development for Ryland Homes on the old parking site of Alliant Tech, immediately south of Oakes Park. They gave a brief plan review and the associated impacts to Oakes Park. They also requested that the park board consider spending some of the Park dedication funds to be Hopkins City Code (Rev. Sept 98) 830.19, Subd. 2 ~. Subd. 2. Non-exclusive. It is unlawful for a person to ~se any portion of the picnic areas or any of the buildings. or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person.use such area and facilities for an unreasonable time if the facilities are crowded. Subd. 3. Dutv of picnicker. Persons may not leave a picnic area before all fires are completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage, and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere. 830.21. Camoina. No person shall set up tents, ,shacks, or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park after closing hours any movable structure or special vehicle, to be used or that could be used for such purpose, such as housetrailer, camp- trailer, camp-wagon, or the like, without written permission from the director. 830.23. Games. The playing of games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes except in areas set apart for such forms of recreation is prohibited. The playing of rough or comparatively dangerous games such as golf, football, baseball and soccer is prohibited except on the fields and courts or areas provided therefor. Inline skating and skate boarding shall be confined to those areas specifically designed for such pastimes. Horseback ridina. Horses are prohibited from all city parks without permission from the director. 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 areas in a park designated by the director or as authorized by permit or license. The term "alcoholic beverage" has the meaning given by Minnesota Statutes, Section 340A.10l, Subdivision 2. Subd. 2. Exceptions. At certain specifically designated recreation centers where meals or lunches are served under concession privileges, the sale of alcoholic beverages by such concessionaire are permitted under the regulation and control of the director. Sale of alcoholic beverages may be made only in individual drinks .(not in original packages or otherwise in bulk) and must be served for consumption solely on the immediate premises of the concession. Subd. 3. Drunkenness. No person shall enter or remain in a park under the influence of intoxicating liquor. Subd. 4. Beer. No person shall bring beer into a park in kegs, barrels or other bulk tap quantities except by permit issued by the director. Section 830 7 SEP-23-1333 11:25 CITY OF MNTKA REC. SERVo 14600 MINNETONKA BLVD. MINNETONKA MN 939-8203 5123338311 55345 P.01/03 KEG BEER PERMIT - CITY OF HOPKINS 4IIk City of Hopkins Park Ordinanca ralating to PARK AND RECREATION AREAS prohibite bringing b r into a park in kaga, barrale or othar bulk tap qUantities except by pe~it issued by th director. ~G PERMITS will only b9 igDUad in conjunction with authorized group picnic8 and BP cial vents. Other rules pertaining to this 8ubject include: 1. Unless otherwise authorized by City Council action, sales of alcoholic bOVOrage8 (including beer) are not allowed. 2. Tha beer muat be provided by the organization, group, or person hosting th activity Or avent. No compensation of any n~ture may be exchanged. This includeD donations, advanca gale tickets, and tips. 3. All partieD conauming alchoholic beverages must conform to all City and State liquor laws. 4. No glas8 bottles or similiar glass objects are allowed. S. No refuae or trash ghall be left anywhere on the 9rounde. 6. Beer and wine may be consumed only in areas in a park designated by the diractor. P08session and drinking of other alcoholic beverages ia prohibited in a park. 7. No per eon shall enter or remain in a park under the influence of intoxicating liquor. -----------~--~-------~--------------------------------------------------------~~-------------- APPL:tc;ATIQJl SECTIOH APPLICANT/RESPONSIBLE PERSON ORGANIZATION .DRESS PURPOSE OF REQUEST PHONE: HOME WORK PARK REQUESTED NUMBER IN PARTY DAY DATE TIME TO: DATE OF BIRTH By signing this applica~ion form I am acknowledging on behalf of myself and my organization or group ("th participan~B") that use of the Hopkine-Minnetonka Recroation faeilities carriea a risk of personal injury. The participants RELEASE AND DISCHARGE Hopkine-Minnetonka Recreation, the Cities of Hopkins and Minnetonka, and their agents and employees, from liability for injuries or d~ageB, including any loases CAUSED BY THE NEGLIGENCE OR STRICT LIABILITY of the Released Parties. The participants agree not to sue or make a claim againat those agencies and agree to hold them harmless and indemnify them from all claims and suits that may be brought AS a result af use of these facilitie8. Applicant's Signature Date: --------------~-~---~------------------------------------------------------------------------- FOR OFFICE USE ONLY PARK PERMIT SPECIFIC AREA APPROVED . TIMl!: DATE BY: 'rhia permit mu.t he w.i~b. the u.er .h.il :i.~ th park .~c.t made ava.ilaRl. to park a'Ad/oJ; law ~forc...nt per.onn.l upgu requ..t. #712 ~EP-29-1999 11:27 CITY OF MNTKA REC. SERVo CITY OF MINNETONKA 6129398311 P.02/03 PERMIT FOR ALCOHOLIC BEVERAGES . IN CITY pARJ(S Applicant Full Name: Last Firat Middle Address: Street # City Zip Phone Number: Home: Work: Applicant's Date of Birth: Group Name: Picnic Location: Picnic Date: Hours: A. ~equirements: 1. A permit for consumption of alcoholic beverages is subject to the following park rules: a. Only beer and wine in non-glass containers are permitted. b. A permit will be issued only to a group of 25 people or more who have been approved for a large group picnic. c. Alcoholic beverages may be possessed and consumed only in picnic areas. A picnic area is the area within so feet around a picnic shelter and picnic tables. Alcoholic beverages are specifically prohibited on an athletic field, tennis court, akating rink, parking lot, and adjacent areas. d. Alcoholic beverages are prOhibited between 9:00 p.m. and 10:00 a.m. 2. The individual who completes the application form is the "Responsible Person." The Responsible Person must remain at the park premises at all times that alcoholic beverages are being served, must have the permit in possession, and must display it upon the request of authorized City personnel. The Responsible Person haa the obligation to ensure that park rules and any permit conditions are being followed. 3. A violation of the park rules or permit conditions may result in criminal penalties and the immediate revocation of the permit by a City police officer or park attendant. SEP-29-1999 11:27 B. 4PPLICA'l'ION CITY OF MNTKA REC. SERVo 6129398311 P.03/03 1. This application form requests information from the applicant which may be considered private data. This information may be used by the Minne~onka Police Departmen~ to investigate whether a permit should be issued and by other City staff to contact the applicant if necessary. Once the information has been given to the City, it may become public data which is available to anyone who requests it. Failure to provide the requested information may result in a denial of the applica~ion. . 2. City staff may add conditions to this permit to mitigate potential adverse impacts or to ensure the quiet and orderly use and enjoyment of the park facility. 3. The City may require up to seven working days to process this permit request. The permit is not issued until approved by an authorized representative of Recreation Services. 4. Any person who objects to action of City staff in denying the permit or adding conditions may appeal to the City Council by SUbmitting a request in writing to the Recreation Director within ten days after notice of the action. 5. By signing this application form, the applicant acknowledges on behalf of him/herself and/or the applicant's organization or group (the "participants") that use of Minnetonka facilities may carry a risk of personal injury. The parcicipants RELEASE AND OISCHARGE the City of Minnetonka and their agents and employees ("the City) from liability for injuries or damages, including any loases CAUSED BY THE NEGLIGENCE OR STRICT LIABILITY of the City. The applicant may wish to consult with his or her insurance agent to verify that he/she has sufficient insurance coverage for poten~ial liability. I ACKNOWLEDGE RECEIVING AND UNDERSTANDING THE INFORMATION STATED ABOVE. DATE: Applicant's Signature APPROVAL BY RECREATION SBRVXCRS STAPP Park:Gro-Tonka Lone Lake Lakeside Shelter Hil+side Shelter Shady Oak Park Use Date: Pd for permit Recreation Services issued Picnic permit # Recreation services Approval: Date: #796 TOTAL P. 03