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HomeMy WebLinkAbout2010.09.08 Parks PacketParks Commission, City of Hugo September 8, 2010 7:00 P.M. Council Chambers, City Hall Copies to: Commission Members, City Staff I. Approve Minutes From August 11, 2010 Meeting II. Update on Hansen Property and Minnesota Off -Road Cyclists III. Continued Discussion on the Park Dedication Policy IV. Continued Discussion on the Park Rules Ordinance V. Discussion on a Movie Night VI. Discussion on a Bus Tour Next Meeting — October 13, 2010 Background Memo I. Approve Minutes From August 11, 2010 Meeting Staff recommends approval of the minutes from the August 11, 2010 Parks Commission meeting. II. Updates on Hansen Property and Minnesota Off -Road Cyclists Staff and Tom Windisch met with Troy Lawrence, a representative from MORC to discuss trails at the Hansen property. Lawrence said that MORC would be able to stake/mark a mountain biking trail at the Hansen property with erosion and local topography in mind. MORC may also be able to help in building and maintaining the trail. Lawrence has started marking a trail and met with staff. Staff will provide an update including a map of the proposed trail and pictures. Staff recommends that the Parks Commission and discuss the type of trail (bench -cut or mowed) to be built at the Hansen property. Staff also recommends that the Parks Commission approve the trail layout and direct staff to proceed with making arrangements to build the trail. A Memorandum of Understanding may be needed, depending on the type of trail built. Continued Discussion on Park Dedication Policy At the July 14, 2010 meeting, Syverson gave a presentation on the current Park Dedication Policy and possible changes. The Parks Commission discussed options of changing the policy. Staff was given feedback and directed to draft a new and simple park dedication policy. At the August 11, 2010 meeting, Syverson presented potential revisions to the Park Dedication Policy. Staff was directed to prepare estimates of the potential gain from commercial and industrial development in Hugo. Staff will present future development projections and a draft Park Dedication Policy. IV. Continued Discussion on a Park Rules Ordinance At the July 14, 2010 meeting, the Parks Commission reviewed existing park rules, possible park rule language and rules signs in neighborhood parks and continued discussion at the August 11, 2010 Parks Commission meeting. The Parks Commission identified four rules to add to the current Public Conduct in Parks Ordinance. -2- Parks Commission September 8, 2010 Staff will present a draft of revisions to the Public Conduct in Parks Ordinance. Staff recommends that the Parks Commission make a recommendation to the City Council for an amendment to the Comprehensive Plan to include Hanifl Fields Athletic Park and a Future Park (Hansen Property) to Table 7-1. Table 7-1 is of the Hugo Local Public Parks, which lists active and passive parks. Staff also recommends that the Parks Commission discuss the draft ordinance and one of the following options: ■ Make a recommendation to the City Council for approval of the draft ordinance with minimal changes. ■ Make a recommendation to the City Council for approval to discuss the draft ordinance further and the formation of a Park Rules Sub -Committee. ■ Do nothing. V. Discussion on a Movie Night Staff will present a budget and proposal for a Movie Night in Lions Park to be held September 24. VI. Discussion on a Bus Tour The Hugo City Council is planning to hold the annual bus tour for all Commissioners and Council members. With the recent park developments, a separate tour of the parks could be arranged for members of the Parks Commission and other interested elected officials. Items on the tour could include the shelter and fields at the Hanifl Fields Athletic Park, trails at the Future Park, improvements at Lions Park, and neighborhood parks. If the Parks Commission wants to tour the parks, Staff recommends that the Parks Commission set a date and a backup date for a bus tour of the parks for members of the Parks Commission. -3- Parks Commission September 8, 2010 Minutes Parks Commission, City of Hugo August 11, 2010 7:00 P.M. Council Chambers, City Hall Call to Order Jim Taylor called the meeting to order at 7:05 p.m. Present: Rachel Berger, Roger Clarke, Derek Larsen, Mat Rauschendorfer, Dave Strub, Jim Taylor, Tom Windisch, Kris Birch, Noel Schmidt Absent: None Staff Present: Scott Anderson, Public Works Director Shayla Syverson, Parks Planner I. Approval of Minutes of July 14, 2010 Larsen made a motion, Berger seconded to approve the minutes of the July 14, 2010 Parks Commission meeting. All ayes. Motion Carried. II. Update on Hansen Property and Minnesota Off -Road Cyclists Parks Planner Shayla Syverson gave an update on a meeting with Troy Lawrence from the Minnesota Off -Road Cyclists and Tom Windisch. On behalf of MORC, Lawrence has shared an interest in building and partially maintaining trials at the Hansen property. Windisch discussed the option of building a 12" trail (36" with edge) along the northwest bank as a start to a mountain biking trail. Lawrence is familiar with designing and building trails and oversees the mountain biking trail at Battle Creek. Volunteers, primarily from MORC, will be needed to build the trails. Public Works Director Scott Anderson discussed plans to work on the trails that are currently mowed at the Hansen property. The rough parts of the trail can be smoothed through bulldozing and seeding at little cost. -1- Parks Commission August 11, 2010 Clarke made a motion, Berger second to continue to work with MORC and build trails pending review and approval [from the Parks Commission] and review from the City Attorney, of MORC's proposal and site plan. All ayes. Motion Carried III. Update on Lions Park Improvements Public Works Director Scott Anderson gave an update on the improvements at Lions Park. The grading and gravel work has been done for the concrete skate park pad. The asphalt has been prepared and the net posts/sleeves have been installed for the tennis courts. The black top overlay and concrete will be installed in the next couple weeks. The Parks Commission discussed the Grand Opening Ceremony of the skate park. It was recommended that the event will be held Friday, September 24 from 5:OOpm- 6:30pm. IV. Continued Discussion on Park Dedication Policy Parks Planner Shayla Syverson gave a presentation about the Park Dedication Policy. The current policy was reviewed and direction was given at the July 14, 2010 Parks Commission meeting. Proposed changes include adding a formula to calculate the land to be dedicated based on density of the housing development. Also, an appeal process was added. Staff recommended removal of the dedication requirement for commercial and industrial development. The Parks Commission discussed that funding from the commercial and industrial development may be needed in the future to ensure that parks remain sufficient and attractive. The Parks Commission directed staff to prepare estimates of the potential gain from commercial and industrial development in Hugo. V. Continued Discussion on a Park Rules Ordinance Taylor led a discussion about rules to be included in a park ordinance. The enforceability and necessity of the rules were discussed. The Commission identified four rules to include in an ordinance, making them enforceable by law: ■ Motorized vehicles are allowed only on designated road and parking areas. ■ Tobacco is prohibited on park property. ■ Picnic areas are to be used on a "first-come, first-served" basis with the exception of posting a permit from the city. ■ Fires are only allowed in designated areas. The Parks Commission discussed smoking/tobacco related rule language. Derek Larsen will provide sample wording and options of smoke-free language for a policy or ordinance. The discussion will be continued at the September 9, 2010 Parks Commission. Larsen made a motion, Berger seconded to order skate park rules signs based on the rules requested by the League of MN Cities with the following hours: 9:00am to Sunset. All ayes. Motion carried. -2- Parks Commission August 11, 2010 VI. Discussion on Parks Budget Parks Planner Shayla Syverson gave a presentation on the 2010 budget and goals. The Parks Commission discussed items that should be included in the 2011 budget and goals which include having a high-level planning discussion on the Hansen property, and installing play equipment at the Hanifl Fields Athletic Park and Heritage Ponds Park spring 2011. VII. Adjournment Larsen made a motion, Birch seconded to adjourn the meeting at 9:35 pm. It was 78* in the Council Chambers. Next Meeting: October 13, 2010 -3- Parks Commission August 11, 2010 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT Memorandum TO: Parks, Recreation and Open Space Commission FROM: Shayla Syverson, Parks Planner DATE: September 8, 2010 SUBJECT: Park Dedication Policy Revisions BACKGROUND: At the July 14, 2010 meeting, the Parks, Recreation and Open Space Commission reviewed the current Park Dedication Policy and had discussions on several options for revisions to the policy. Staff was directed to not give credit for private open space/ recreation facilities, allow developers to dedicate land outside of the development, use a matrix and have increased dedication requirements for more dense developments and to keep the policy simple. At the August 11, 2010 meeting the Parks, Recreation and Open Space Commission reviewed and discussed proposed changes to the Park Dedication Policy. Staff was directed to estimate future commercial and industrial park dedications and draft an amendment to the Park Dedication Policy Ordinance. PROPOSED CHANGES: Add a matrix formula to the Park Dedication Policy which assigns park dedication requirements based on the density of the development. Density 0-3.99 units per acre 4.00-5.99 units per acre 6.00-7.99 units per acre 8.00-9.99 units per acre 10.00 < units per acre Percentage of Land to be Dedicated (of the buildable_ land) 10% Add an appeal process to the policy which allows the developer to pay a percentage of land to be dedicated multiplied by the fair market value of the net buildable land. This ensures that the Park Dedication Policy relating to the fair market value of the land is in keeping with Minnesota State Statutes. As a part of the appeal process, the developer would be required to pay for and provide an appraisal for the land to be developed. The city maintains authority to accept the appraisal as provided. Also, the dedication for commercial and industrial developments was removed from the draft Park Dedication Policy. Less than $10,000 has been received for commercial or industrial park dedication since 1999 and about 50% of Park Dedication Policies around the metro do not require it. EDA RECOMMENDATION The Economic Development Authority made a recommendation to the City Council to remove the requirement for commercial and industrial park dedication. The EDA recommendation will be presented along with a recommendation from the Parks Commission. At their August 9, 2010 meeting the EDA stated the following reasons for removing the requirement: ■ Businesses support the community through events ■ Industrial and Commercial Development brings additional revenue into the city (increased property taxes) ■ Would give competitive advantage for businesses/ support economic development in Hugo ■ Parks are important and attractive assets in a community ■ Demand for parkland and park improvements is generated by residents, not businesses ESTIMATED LAND USE AND FUTURE DEDICATION: As directed, staff prepared estimates for future dedications. Using the 2030 Land Use Map, which is a part of the city's Comprehensive Plan, the amount of commercial and industrial development and residential development was found. Land Uses will change in the next Comprehensive Plan update for 2040. The majority of the city's commercial and industrial development will occur along Frenchman Road/ County Rd 8. Another area of mixed-use (commercial and residential) is planned at the intersection of Hwy 61 and 170th Street. Along 170th Street towards Elmcrest Avenue, commercial development will likely occur also. Park dedication has never been required in redevelopment of commercial or industrial areas. The Mixed Use Land Use category was not considered in these calculations as it will likely be developed through a Planned Unit Development. Planned Unit Developments typically have unique park dedications which are greater than required by the policy. There are 645 developable acres that are guided as Commercial, Industrial or Business Park. This is 5.4% of the total developable acres in the city. With the current Park Dedication requirement of $2,400 per acre and assuming full development of all developable acres and that no land dedication is accepted, approximately $1.5 million' would be dedicated. 1 Calculations attached on Table l-1 There are 12,340 developable acres that are guided as Residential or Agricultural. With the current density of units allowed in the land uses, at $2,400 per unit, and assuming full development of the developable acres and that no land dedication is accepted, approximately $41 million would be dedicated. Currently, all major development is planned to occur within the Metropolitan Urban Service Area (MUSA). This is the area that has access to the city's sewer and water pipe, which makes higher density development feasible. As the MUSA expands to eastern Hugo, higher -density residential development will occur in what is currently guided Agricultural. The Agricultural area currently holds 45% of the city's developable acreage. A significant portion of the Agricultural Land Use area will change to a Residential Land Use. The additional residential development was not calculated into the estimates for future dedication. The Hugo is one of the fastest growing cities in the metropolitan area. A significant amount of population growth is anticipated. Residential development is likely to continue for the foreseeable future. As land uses change with Comprehensive Plan updates in the City of Hugo, the Park Dedication Policy can be amended by the Parks, Recreation and Open Space Commission. Minnesota State Statues for Park Dedication requirements are likely to change in that time period also. Also, the fee schedule is reviewed and approved annually by the City Council. The Parks Commission may make a recommendation to change the Park Dedication Fees as they see fit. STAFF RECOMMENDATION: The draft Park Dedication Policy has been reviewed and edited by the City Attorney and Community Development Director. Staff recommends that the Parks, Recreation and Open Space Commission review the draft Park Dedication Policy and recommend approval to the City Council. ATTACHMENTS: 2030 Land Use Map City of Hugo 2030 Land Use Plan Developable Acres Table 1-1: Future Commercial and Industrial Dedication Table 1-2: Future Residential and Agricultural Dedication Current Park Dedication Policy Draft Park Dedication Policy 2 Calculations attached on Table 1-2 1BOTH 180TH 18DTH T w x I a z � 177TW 177TH 1- il l w 0 �- - > 175TH vy f 174TH LUi - LU z z O Horseshoe z ! - 17pTF�� I , LU � f 1 Proposed 2030 MUSA Boundary + { z I L 1 0 U all - 01 Barked LL U d W 1�5 x S� 0 +ka 158 57T1 I 155TH Q 152ND - 9 r� 2 147TH Y Rice z Q LU Pfaf##sd 137TH l" North School Section �I l 3C1Tf South school Sect n a &insc t © �r Lng G] 1251H W_.s1 �i l UJ r LU rte 0 0 12 ND Roo d in w J F- en 0 30TH 0 © o Eagle w y! 5" 12 -i PLANNED LAND USE a�Hp Large Let Residential (LL) 1 Very Low Density (VLD) Z 0 Medium Density Residential (MD) - High Density Residential (HD) 15 "FH } Business Park (BP) w 149TH z Industrial (IND) i Mixed Use (MIX 14 H 147 '+ Proposed 2030 MUSA Boundary Major—Roads D4 TH U. � Q i Sewer Intercepter 10 Egg w co 1 D 1 2ND w CD 41 T 1 T E� 13 14 z 30TH 0 © o Eagle w y! 5" 12 -i PLANNED LAND USE Agricultural (AG) Large Let Residential (LL) Very Low Density (VLD) Low Density Residential - (LD) Medium Density Residential (MD) - High Density Residential (HD) Business Park (BP) Commercial (COM) Industrial (IND) Mixed Use (MIX Public/Quasi-Public (PQ) Proposed 2030 MUSA Boundary Major—Roads D4 Parcel Boundary � Q i Sewer Intercepter 10 co CD N W E 5 f i 0 0.25 0.5 1 Miles City of Hugo March 15, 2010 N L V _N N c. a Om >> d N ❑ C d a a ai o �v c m� J O O M 01- C-4 N r O C CM 'L+ V O V 0 C N LO 1C1 Kai N a _o 4. O 4�p p C7 0 CEJ 0 0 Q 0 C? n C7 C] CF) m C) N m P`- f` (0 N LD (�j 1Q f [*3 O N C7 N c`? cc o Q- M CV) S� r ifs r CO N ca LO 0) tea`'' n(D��� CL m cl; '< ❑ C? t-- 1`- [V N CD 0 LD d f+ ([? 0 CO CO (D v CO CO CO O) 'It tt n} r r 'IT C] (0 N I�r N IT (D r� L) 00 m CD r L0 ff < U) G D c o 0 a a .� u) 1 o 4)E m N w w .- =) 2!' .N E X is •L�. I C) `^ L 01 Y.. W i L_ Q a � C O V d r N 3 m O E E O V V LL T T O Z H O O O O O O O O O O O O O O O O O O O lql N co O O C1 1 O Cfl 00 O I- N LO 000 00 N It to b9 fR vi � N ' N cli to 04 M N O N v °' v ori * 19f N Z O CF3 Ccn L N K? v O Uto to O Q d4 M M Il- qT O O O u) O "t N N p 00 O o O M O J r H � ` N 14' N N M O a .CU O C: � CUCL CD CY) O N J CE N cn CD O Z3 o m U C: O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 O 04 a O O N co 000 (DC) O vi q L-6 N ' N cli 04 (D o v °' v ori * 19f N N O CF3 N K? v U3, EA d4 M M Il- qT O O u) O "t N N 00 O o O M O LO r N 14' N N M O n O O Lf! COr- CUCL CD CY) N m N CD O N U Q M N r p 7 r V' O O C L _ a, C) C) CLCL) N ) U O Q O pD U f0 N N U O O O O N Q p a a cn a a c � 7t-- — c c =3 pN r- a c 3 N=1 N 0 N ? ? Q CV (UU M N CO N � J C H c C H N O N a ami w 2 a), c ami JN pip O Cl) pcn :L-' J C J N N p p CDEM 3 0 Q J > _ CURRENT PARK DEDICATION POLICY Sec. 90-324. - Park dedication. In order to develop a system of parks within the community to serve the public's health and recreational needs, ten percent of the net buildable acreage (total acres minus wetlands and floodplain acres) of all land subdivided for residential purposes shall be dedicated to the city as public parkland. The land so dedicated shall be subject to approval by the city council in accordance with the city's master park plan. At the city council's discretion, a parkland dedication fee may be accepted or required instead of land dedication. The parkland dedication fee shall be charged for each dwelling unit originated by the subdivision or development of any property in the city, not including any dwelling unit that may be in existence at the time of the adoption of the ordinance from which this article is derived, or which is subject to an approved development agreement with the city that includes a parkland dedication provision. A parkland dedication fee shall also be charged to commercial and industrial property pursuant to city ordinance. (Prior Code, § 1215-040.1) Parkland dedication: Commercial and industrial $2,400.00 per acre Residential $2,400.00 per unit DRAFT CITY OF HUGO AN ORDINANCE REQUIRING PARK DEDICATION WITHIN THE CITY OF HUGO, MINNESOTA THE CITY OF HUGO ORDAINS: SECTION 1. The City Council of the City of Hugo does hereby amend Chapter 90, Section 90-324 Park Dedication to the following: Sec. 90-324. Park Dedication. (a) General Dedication Standards In order to develop a system of parks within the community to serve the public's health and recreational needs, a percentage of the net buildable acreage based on the density of all land subdivided for residential purposes shall be dedicated to the city as public parkland. The city finds that the more dense a development is, the more demand for park land it creates since lots can be smaller affording less private recreational space and more occupants per acre. The following formula will be used to determine the dedication requirement where a land dedication is required: Density 0-3.99 units per acre 4.00-5.99 units per acre 6.00-7.99 units per acre 8.00-9.99 units per acre 10.00 > units per acre Percentage of Land to be Dedicated (of the buildable land) The land so dedicated shall be subject to approval by the city council in accordance with the city's Comprehensive Plan for parks. At the city council's discretion, a parkland dedication fee may be accepted or required instead of or connection with land dedication. The parkland dedication fee shall be set annually by the City Council and adopted as part of the City's fee schedule. The parkland dedication fee shall be charged for each dwelling unit originated by the subdivision or development of any property in the city, not including any dwelling unit that may be in existence at the time of the adoption of the ordinance from which this article is derived, or which is subject to an approved development agreement with the city that includes a parkland dedication provision. (b) Appeal Process The parkland dedication fee may be appealed to the City Council before the City Council makes a decision on the final plat and shall be calculated as follows: The percentage of land to be dedicated will be multiplied by the fair market value of the net buildable acreage. The fair market value shall be determined by the City Council, following their review of a current appraisal submitted to the city at the developer's expense. The appraisal shall be made by appraisers who are approved members of the SREA or MAI, or equivalent real estate appraisal societies. If the city receives written notice of a dispute over the parkland dedication fee before approval of the final plat, the developer shall pay the fee into an escrow account pending a decision of an appeal of the fee. If an appeal is not filed within 60 days following approval of the final plat, or if the person aggrieved by the fee does not prevail on the appeal, then the funds paid into escrow must be transferred to the city. SECTION 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. SECTION 3. Effective Date. This amendment shall take effect upon its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ON Fran Miron, Mayor ATTEST: Michele Lindau, City Clerk CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT Memorandum TO: Parks, Recreation and Open Space Commission FROM: Shayla Syverson, Parks Planner DATE: September 8, 2010 SUBJECT: Public Conduct in Parks Ordinance BACKGROUND: At the August 8, 2010 meeting, the Parks, Recreation and Open Space Commission continued discussion on park rules. A list of possible rules was analyzed to determine the need and ability to be enforced as an ordinance by the Washington County Sheriff's Office. The Commission identified four rules that they would like to make into an ordinance, enforceable by law: Motorized vehicles, tobacco use, reservation of picnic shelters, and fires. PROPOSED CHANGES: Add the following to Chap. 54 PARKS AND RECREATION, Article 2 PUBLIC CONDUCT IN PARKS: ■ No person shall operate a motorized vehicle except on designated park roads and in parking lots. ■ No person shall use tobacco products in an active park. ■ Park shelters shall be available to all people on a "first-come, first-served" basis except when a permit has been granted by the city. ■ All fires are prohibited except for recreational fires in fire rings and grills provided specifically for that purpose. Add the following definitions to the ordinance: Active park means any public park designated by the Parks, Recreation and Open Space Commission to be an active park, which may include a public recreational facility, athletic facility, playground, campground, or picnic area. Passive park means any public park designated by the Parks, Recreation and Open Space Commission to be a passive park, which is of limited improvements and intended for passive use. Public place of interest means a parcel of land in the city now or hereafter owned or controlled by the city. Refine the Special Permit Section. A Special Event Permit was added to Hugo City Code in the last year. The Special Permit section in the Public Conduct in Parks Ordinance is out of date. A reference was added to Public Conduct in Parks Ordinance to refer people to the new Special Event Permit. With the Special Event Permit, some events require staff approval while other events require approval by the City Council. The conditions and regulations of the Special Event Permit have been approved as code by the City Council. An example of a Special Event on park property is the Golden Gloves Tournament to be held by the Lions Club at Lions Park. They intend to serve alcohol, have amplified sound, affect parking/traffic and have over 200 people. They applied for and received a Special Event Permit from the City Council, upon review of plans and management of the event. Add the Leashing of Dogs in Active Parks Ordinance. The current requirement for dogs to be leashed in active parks was relocated to the Public Conduct in Parks Ordinance instead of the Animal Ordinance. It is the same requirement and Hugo City Code language, but re -organized for clarity. The City Council is making changes to the current Animal Ordinance. PROPOSED ACTIVE AND PASSIVE PARKS: Currently, the Parks, Trails and Open Space Plan of the 2030 Comprehensive Plan distinguishes most of the parks as active or passive on Table 7-1: City of Hugo Local Public Parks. The Hanifl Fields Athletic Park and Future Park (Hansen property) are not listed. An update to the Comprehensive Plan could be made to clarify which parks are active and therefore subject to Sec. 54-25. Tobacco Use. "No person shall use tobacco products in an active park" and the requirement to leash dogs. STAFF RECOMMENDATION: Staff recommends that the Parks Commission review and approve the changes to Table 7-1: City of Hugo Local Public Parks. A recommendation could be made to the City Council to amend the 2030 Comprehensive Plan to update Table 7-1. The Parks Commission should review the draft Public Conduct in Parks Ordinance. Staff recommends one of these options: ■ Make a recommendation to the City Council for approval of the draft ordinance with minimal changes. ■ Make a recommendation to the City Council for approval to discuss the draft ordinance further and the formation of a Park Rules Sub -Committee. ■ Do nothing. If the Parks Commission wants to form a Park Rules Sub -Committee, up to four members of the Parks Commission should be selected to serve on it. Also, the date of the first meeting should be set (after Monday, Sept. 13 to allow for City Council participation). ATTACHMENTS: Current Public Conduct in Parks Ordinance Draft Public Conduct in Parks Ordinance Current Table 7-1: City of Hugo Local Public Parks Draft Table 7-1: City of Hugo Local Public Parks Current Special Event Permit Ordinance CURRENT Chapter 54 Parks and Recreation ARTICLE I. - IN GENERAL Secs. 54-1-54-18. - Reserved. ARTICLE II. - PUBLIC CONDUCT IN PARKS Sec. 54-19. - Findings and definitions. (a) Findings. The city council has determined that regulation of the use of public park property is necessary to protect the health and safety of persons and property within the city. (b) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Improved park means any designated public park, now or hereafter improved for use as a public recreational facility, campground, or picnic area. Public park means a parcel of land in the city now or hereafter owned or controlled by the city, and dedicated or designated as parkland or recreation area on the land use map, or as may otherwise be designated by the city from time to time. Unimproved park means any designated public park that is in a natural, unimproved state. (Prior Code, § 180-010) Sec. 54-20. - Limitation of hours of use. It shall be unlawful for any person or organization, other than a police officer serving the city, either directly or indirectly, to use, occupy, or pass through or on any public park in the city between the hours of 11:00 p.m. and 6:00 a.m. (Prior Code, § 180-020) Sec. 54-21. - Posting of hours. The city may cause the limitation of hours of usage to be posted on each or any public park, but the failure to so post, or the failure to replace defaced or damaged postings, shall not limit the scope of applicability of this regulation. (Prior Code, § 180-030) Sec. 54-22. - Special permit. Upon application in writing by an individual or organization made to the city council prior to a planned event, the city council may, in its sole discretion, grant a special use permit for more than one day's extension of hours for use by that individual or organization. The city council may condition the granting of any such special use permit upon specified conditions including, but not limited to, posting such financial security to protect against damage or cleanup, as may be appropriate; placement of sanitary and/or refuse connection facilities; provision, for supervisory or security personnel; cleanup requirements; insurance or such other conditions as may be deemed necessary in the circumstances. The mayor, acting mayor, councilmember, or designated staff may issue a permit for one day only, subject to all other conditions of this section being met. There shall be no fee for a special permit. Upon rejection of any application for a special permit for any applicant, that applicant shall be prohibited from making reapplication for a similar special permit for a period of three months after the date of such rejection. (Prior Code, § 180-040) DRAFT CITY OF HUGO AN ORDINANCE WITHIN THE CITY OF HUGO, MINNESOTA AMMENDING CHAPTER 54, ARTICLE II. PUBLIC CONDUCT WITHIN PARKS WHEREAS, the City of Hugo determines that the public interest would be served by adding regulations governing tobacco usage, motorized vehicles, reservation of park shelters, and recreational fires in public parks. THE CITY OF HUGO ORDAINS: SECTION 1. The City Council of the City of Hugo does hereby amend Chapter 54 PARKS AND RECREATION Article II. Public Conduct in Parks Sec. 54-19. Findings and definitions to read as follows: (a) Findings. The city council has determined that regulation of the use of public park property is necessary to protect the health and safety of persons and property within the city. (b) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Active park means any public park designated by the Parks, Recreation and Open Space Commission to be an active park, which may include a public recreational facility, athletic facility, playground, campground, or picnic area. Passive park means any public park designated by the Parks, Recreation and Open Space Commission to be a passive park, which is of limited improvements and intended for passive use. Public place of interest means a parcel of land in the city now or hereafter owned or controlled by the city. Unimproved park means any designated public park that is in a natural, unimproved state. SECTION 2. The City Council of the City of Hugo does hereby amend Chapter 54 PARKS AND RECREATION Article II. Public Conduct in Parks Sec. 54-22: Special Permit as follows: Sec. 54-22. Special Permit. Events in the Park that require application for a Special Event Permit as outlined in Sec. 90-37.2: 1) Any event that serves alcohol. 2) Any event that expects over 200 people. 3) Any event that includes live or amplified music or sound. 4) Any event that extends beyond normal park hours. 5) Any event that includes erecting temporary structures. 6) Any event that affects traffic or parking. SECTION 3. The City Council of the City of Hugo does hereby amend Chapter 54 PARKS AND RECREATION Article II. Public Conduct in Parks to add Sec. 54-23. through Sec. 54-27. as follows: Sec. 54-23. Reservation of Park Shelters. Park shelters shall be available to all people on a "first-come, first-served" basis except when a permit has been granted by the city. Sec. 54-24. Fires in Public Parks. All fires are prohibited except for recreational fires in fire rings and grills provided specifically for that purpose. Sec. 54-25. Motorized Vehicles. No person shall operate a motorized vehicle except on designated park roads and in parking lots. Sec. 54-26. Tobacco Use. No person shall use tobacco products in an active park. Sec. 54-27. Leashing of Dogs. (a) All Dogs that are within an active city park or on a public sidewalk or trail shall be under the physical control, by leash, of the owner, a member of the owner's immediate family, or a person designated by the owner. (b) No person shall allow a dog to run at large at any time within an active city park. SECTION 4. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. SECTION 5. Effective Date. This amendment shall take effect upon its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ON Fran Miron, Mayor ATTEST: Michele Lindau, City Clerk Table 7-1. City of Huge Local Public Parks Source: City of Hugo, April 2007 There are also some private parks and community gathering centers located within the City's residential neighborhoods that are privately owned and maintained by the homeowners associations. These parks augment the City's system and serve the residents of these neighborhoods. Other City Property In addition to the above described City parks, the City owns other properties - some of which could possibly be developed into parks or remain as open space. A brief description of other City -owned property follows: 1. Sunset Lake Access. The City owns two parcels of land on Sunset Lake. The north parcel is located at the north end of Homestead Drive North. It is roughly 4 acres and has a boat launch that is now closed. The boat launch was closed after many residents who live on Homestead Drive North became frustrated with the traffic, parking, trespassing, and litter problems associated with the boat launch. The site is a difficult location for a boat launch because it is located at the end of long dead-end road. There is not sufficient room for on-site parking and allowing on -street parking for the boat launch could create a safely issue because emergency vehicles and school buses do not have adequate room to turn around at the end of the drive if the drive is congested with vehicles and boat trailers. The City is in the process of evaluating the site for less intensive park uses but at this point has not dismissed the possibility of reopening the boat launch in the future. Chapter 7 7-2 Parks, Trails, & Open Spaces ltH,66 a p -p � $ N GI N V y � U! d a�.>_ V Q .0 ° = 7 d ° L to 'a y LL ?u Q. cn d O v 0 dt d d a �+ N to ti Ci V LL. c � N N O V C 3 V Qa N �LL any a N= �Q O C ca �m mILL m cn a Park Name Arbre Park A 2.2 X X X X X X Beaver Ponds Park A 8.7 X X X X X Diamond Point Park A 12.6 X X X X X X X Frog Hollow Park A 21.6 X X X Lions Park A 8.1 X X X X X X X X X Oneka Lake Park A 10.3 X X X X X Rice Lake Park P 70 X X Tower #2 Park P 1.2 X X Val Jean Park A 1.8 X X X X X Victor Square Park A 1.1 X X Clearwater Creek P 96.4 X Preserve Oak Shore Park A 10 X X X Heritage Ponds Park –9-1 14.7 X X Source: City of Hugo, April 2007 There are also some private parks and community gathering centers located within the City's residential neighborhoods that are privately owned and maintained by the homeowners associations. These parks augment the City's system and serve the residents of these neighborhoods. Other City Property In addition to the above described City parks, the City owns other properties - some of which could possibly be developed into parks or remain as open space. A brief description of other City -owned property follows: 1. Sunset Lake Access. The City owns two parcels of land on Sunset Lake. The north parcel is located at the north end of Homestead Drive North. It is roughly 4 acres and has a boat launch that is now closed. The boat launch was closed after many residents who live on Homestead Drive North became frustrated with the traffic, parking, trespassing, and litter problems associated with the boat launch. The site is a difficult location for a boat launch because it is located at the end of long dead-end road. There is not sufficient room for on-site parking and allowing on -street parking for the boat launch could create a safely issue because emergency vehicles and school buses do not have adequate room to turn around at the end of the drive if the drive is congested with vehicles and boat trailers. The City is in the process of evaluating the site for less intensive park uses but at this point has not dismissed the possibility of reopening the boat launch in the future. Chapter 7 7-2 Parks, Trails, & Open Spaces ltH,66 DRAFT Table 7-1. City of Hugo Local Public Parks Source: City of Hugo, April 2007 Qa b- EN cvi 0 aim mU) �,LL dN > =_ ° =_ M = CL 'a .L Aa N C Z 0 Ct v1 v as M _ rn C o � N J9 0N F - C — .- Qa N y (ALL U. y y �LaL+ CL C = mU v vm mLL M a C� a m a 0 in a Park Name Arbre Park A 2.2 X X X X X X Beaver Ponds Park A 8.7 X X X X X Diamond Point Park A 12.6 X X X X X X X Frog Hollow Park A 21.6 X X X Lions Park A 8.1 X X X X X X X X X Oneka Lake Park A 10.3 X X X X X Rice Lake Park P 45 X X Tower #2 Park P 1.2 X X Val Jean Park A 1.8 X X X X X Victor Square Park A 1.1 X X Clearwater Creek P 96,4 X Preserve Oak Shore Park A 10 X X X Heritage Ponds Park A 14.7 X X Hanifl Fields A 25 X X X Athletic Park Future Park P 125 X On Irish Ave. Source: City of Hugo, April 2007 No. 2009-435, § 1, 12-7-2009) Sec. 90-37.2. - Special event permits. Any individual or organization holding an event or temporary use of a property which includes erecting temporary structures, offering food/beverages, or affecting traffic or parking requires a special event permit. Outdoor events, tent sales, employment fairs, celebrations, or similar special events are subject to this ordinance and require a special event permit. (1) Purpose and intent. Provide for the temporary use of land for special events in a manner consistent with its normal use and beneficial to the general welfare of the public. Protect nearby property owners, residents, and businesses from special events that may be disruptive, obnoxious, unsafe or inappropriate given the site conditions, traffic patterns, land use characteristics and the nature of the proposed event. Preserve the public health, safety, and welfare of the community. (2) Special event application process. All permits shall be applied for at least 30 days prior to the event: a. Applicant name, address, phone number; b. Date of proposed special event; C. Address of proposed special event; d. Name of property owner, if different from applicant; e. The fees established by the adopted fee schedule. f. Type and description of the special event and a list of all activities to take place at the special event; g. Estimated number of persons to attend; h. Duration of the special event, including beginning and ending times; i. Any public health plans, including supplying water to the site, solid waste collection and provision of toilet facilities, if applicable; j. Any fire prevention and emergency medical services plans, if applicable; k. Any security plans, if applicable; 1. The admission fee, donation or other consideration to be charged or requested for admission, if applicable; M. Whether food or alcohol will be served or sold at the event; n. A detailed description of all public rights-of-way and private streets for which the applicant requests the city to restrict or alter normal parking, vehicular traffic or pedestrian traffic patterns, the nature of such restrictions or alterations, and the basis; o. A description of any services, city personnel, city equipment and city property which the applicant requests the city to provide, including the applicant's estimate of the number and type needed, and the basis on which the estimate is made; P. Whether any sound amplification or public address system will be used or if there will be any playing of any music or musical instruments; q. A statement signed by the applicant either agreeing to pay all fees and meet all other requirements of this section, or representing to the city that the applicant is duly authorized to make such agreement on behalf of the person or organization holding or sponsoring the special event; r. Applicant signature and property owner's signature, if different from applicant; and S. Any other information requested by the city deemed reasonably necessary in order to determine the nature of the special event and the extent of any special services required. t. The applicant shall sign a hold harmless agreement for the city for any accidents or damages caused by the event. (3) Special events not requiring special event permits. a. Sales, promotional activities or fund-raising events that take place entirely within a building that is properly zoned for the use do not require a special event permit. b. Wedding ceremonies and receptions, funeral ceremonies and funeral processions or other similar events. C. Any event that is otherwise regulated by the city through the use of another regulatory manner, such as an interim use permit or conditional use permit. d. The use of traditional public forums as alternative channels of communication by the public, provided that such use is for the free exercise of constitutionally protected activities and does not disrupt or interfere with traffic on public streets or the use of public places by other members of the public. e. Approved activities on a city park. (3) Special events subject to administrative approval. a. Upon receipt of an application the community development director or designee shall review the application. If it is deemed that the event is minor in nature and does not fall under any of the items under (5) in this section the application can be administratively approved. The community development director has the right to forward any special event permit application to the city council. No more than two special events on a property per calendar year shall be administratively approved. (5) Special events subject to city council approval: a. Any event that serves alcohol. b. Any event that expects over 200 people in attendance. C. Any event that will include live or amplified music or sound. d. Any event that will extend after dusk. e. Any event proposed in the same calendar year as two preceding events on the same property. (6) Conditions imposed. The city may place restrictions, conditions and requirements on a special event permit to protect the health, safety, and welfare of the community, mitigate unfavorable consequences of activities resulting from issuing the permit, enforce laws and regulations, and ensure compliance with the conditions of the permit. (7) Basis for denial. In order to recommend denial of a special event permit, the city must find that the proposed use will meet one or more of the conditions found below: a. The information contained in the application or supplemental information requested from the applicant is false or nonexistent in any material detail. b. The applicant fails to supplement the application after having been notified by the city of additional information or documents needed. C. The applicant fails to agree to abide or comply with all of the conditions and terms of the special event permit, including payment of all costs and expenses. d. The special event would substantially or unnecessarily interfere with the normal daily operations of the city, cause traffic congestion, or would interfere with access to businesses or residences in the immediate vicinity of the event and there are not sufficient city resources available at the time of the event to mitigate the disruption. e. The location of the special event will substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or right-of- way. f. The special event would likely endanger the public safety or health, create or constitute a public nuisance, cause significant damage to public property or facilities, or would engage in or encourage participants to engage in illegal acts. g. The applicant, responsible party or the person on whose behalf the application is submitted has on prior occasions made material misrepresentations regarding the nature and extent of special services required for a special event in the city, or has violated the terms of a prior special event permit. (8) Expiration. A special event permit shall expire at the expiration date established by the city council or city staff at the time of approval. (9) Suspension and revocation. a. At any time the city may suspend or revoke the special event permit upon failure of the permit holder, owner, operator, tenant or user, to comply with City codes, the laws of the State of Minnesota, the approved plans, or the conditions of approval, or by which that activities allowed under the permit adversely affect the public health, safety, or welfare. (10) Issuance of permit. The community development director or designee shall, within ten days of city council approval of any special event permit, provide one copy of the completed permit to the applicant and the city clerk.